Supreme Court of Justice

(Tribunal Supremo de Justicia)

 

The Supreme Court of Justice (TSJ) is the highest body of the judicial system in Venezuela and serves as the holder of the judicial function that emanates from the Public Power, one of the five branches that constitute the Public Power according to the 1999 Constitution.

Currently, there is a partial competition between this court and the so-called Supreme Court of Justice in exile. In 2021, the United Nations Independent International Fact-Finding Mission on Venezuela reported that the Venezuelan judicial system played a crucial role in the state repression against government opponents.

Constitutional Position and Structure

As the representative of the judicial power in Venezuela, the TSJ has the duty to ensure its independence from the other branches of the State. Its organization and functions are defined by both the National Constitution and the Organic Law of the Supreme Court of Justice (LOTSJ).

Organization of the Supreme Court of Justice

The TSJ is organized into seven chambers, with six of them being functional and composed of three magistrates each, except for the Constitutional Chamber, which has five magistrates. The Plenary Chamber is composed of the twenty magistrates who form the functional chambers. Each of these chambers has a president, a secretary, and a bailiff. The chambers are:

• Plenary Chamber (detailed jurisdiction available in Article 24 of the LOTSJ)
• Constitutional Chamber (detailed jurisdiction available in Article 25 of the LOTSJ)
• Political-Administrative Chamber (detailed jurisdiction available in Article 26 of the LOTSJ)
• Electoral Chamber (detailed jurisdiction available in Article 27 of the LOTSJ)
• Civil Cassation Chamber (detailed jurisdiction available in Article 28 of the LOTSJ)
• Social Cassation Chamber (detailed jurisdiction available in Article 30 of the LOTSJ)
• Criminal Cassation Chamber (detailed jurisdiction available in Article 29 of the LOTSJ)

Magistrates

The magistrates of the TSJ must be Venezuelan by birth and possess no other nationality. The National Assembly is responsible for their selection, which is conducted through a nomination and evaluation process. Magistrates are appointed for a period of twelve years.

Requirements

According to Article 263 of the Constitution, magistrates must meet the following requirements:

• Be Venezuelan by birth and have no other nationality.
• Be a person of recognized honorability.
• Hold a university degree in law and have a career of at least fifteen years in law practice, or as a superior judge, or have been a full university professor for the same period.
• Meet other requirements established by law.

Individuals who are related by marriage, adoption, or close kinship cannot serve simultaneously as magistrates, and they are also prohibited from holding positions, professions, or activities incompatible with their judicial functions, with some academic exceptions.