To the Competition of the Court of Appeal (Highest Court Of Justice) in the Legal Organization of Timor-Leste (2025)

Research Article


Abstract views: 31 / PDF downloads: 7

Authors

  • Alexandre Gentil Corte-Real Araújo
  • DD FD UNTL
  • Ana Cristina de Jesus Silveira Martins
  • DB FCE UNTL
  • José Boavida Simões
  • MESTC
  • Paulo Henriques
  • CFJ MJ
  • Francisco Soares
  • DS FAP UNTL
  • Carlos Boavida Tilman
  • ESE FMCS UNTL

DOI:

https://doi.org/10.58372/2835-6276.1310

Keywords:

Appeal Court Competence, Supreme Court of Justice , Legal Organization

Abstract

Introduction: Based on article 118 of the Constitution of the Democratic Republic of Timor-Leste, the Courts are explicitly presented as “sovereign bodies”, in art. 67. of the CRDTL, the courts must be considered as independent holders of power from the Government by their own constitutional law. Thus, the basic function of the courts is to preserve the rule of law and justice. And it is the function of the judiciary to apply and interpret the laws in order to resolve disputes that may arise under their implementation. Court decisions must be considered as binding and sufficient in themselves in the practice of applying the appellate court in Timor-Leste by laws.

Research Objectives: To present to the citizens that our countries are still prepared to function and the supreme court exists, but the law is allowing it to exist in the future, under paragraph a) of no. 1 in art. 123. the CRDTL and to better introduce the capacity and function of the courts that exist in Timor-Leste, namely the capacity of the supreme court of justice to which the laws are assigned, and will also help citizens to begin to have more knowledge of each sovereign body in the country.

Research Methodology: Using the literature review method or deductive methodology, references are made to the authors' readings in books in the library, scientific journals, articles, field research, via the internet and the ideas and opinions of our jurist in the implementation.

Conclusion: Citizens can better understand the many decisions that are normally given by the court of appeal in its capacity as the supreme court of justice under its subject matter in the context in which some citizens want to present the appeal to the court of appeal. In Timor-Leste of this supreme court of justice under discussion by law that exists, only the court of appeal according to the Law mentioned in the future will be carried out by (Corte Real AG., et al, 2025).

References

CF. Gouveia Jorge Bacelar, Constitutional Law of East Timor, Lisbon/Dili, IDILP, (2012) pg. 410.

CF See Law No. 25/2021 of December 2 on the Judicial Organization Law

CF Brief note on the monograph by Estefania Luís Simon da Costa on “The Judiciary in Light of the Democratic Rule of Law” (2016).

CF. John Paul, The Constitution and the Independence of the Courts, /2015) Pg. 92

CF. Oliveira Bárbara Nazareth, by Marcelo Gomes Carla, dos Santos Rita Páscoa, Fundamental Rights in East Timor: Theory and Practice, 1st edition, March 2015, Pg. 446.

CF Brief note on the monograph by Estefania Luís Simon da Costa on “The Judiciary in Light of the Democratic Rule of Law”. (2016).

CF Battalion Carlos José, Law, Fundamental Notions in the 2nd edition, (2014) Pg. 93

CF. John Paul, The Constitution and the Independence of the Courts, (2015) Pg.96

Corte Real AG., et al (2025). The legal framework for the management of human resources of the public administration in Timor-Leste. Doi: https://doi.org/10.58372/2835-6276.1297 . Official websites https://www.ajmcrr.com

USAID, The Asia Foundation, Stanford Law School, An Introduction to Constitutional Law in Timor-Leste (2011) p. 111

See the first Annotation of the Annotated Constitution, Article 121 (2002)

CF. Gouveia Jorge Bacelar, Constitutional Law of East Timor, (2012) pg. 414 and 415.

USAID, The Asia Foundation, Stanford Law School, An Introduction to Constitutional Law in Timor-Leste (2012) p. 224.

CF. Oliveira Bárbara Nazareth, Gomes Carla de Marcelo, dos Santos Rita Páscoa, Fundamental Rights in East Timor: Theory and Practice, 1st edition, Marco (2015), Pg.486.

CF. Blanco de Morais Carlos, Constitutional Justice, Volume II, Portuguese Constitutional Litigation between the mixed model and the temptation of the referral system, (2015) Pg. 754.

Bárbara Nazareth Oliveira, C. d. (2015). Fundamental Rights in East Timor: Theory and Practice. Coimbra, Portugal: I us Gentium Conimbrigae.

Cunha, P. F. (2017). Applied Constitutional Law: living the constitution, citizenship and human rights. Lisbon: Quid Juris, Sociedad Editor.

Driesch R. Louis (2015). Right to health (1st edition) National Council of Health Secretariat-CONASS. Martins M. Rosa (2021) Histories of global health: The World Health Organization and Cooperation with Non-State Actors (rev.colomb.cienc.soc. [vol.12].

Gouveia, J. B. (2012). Constitutional Law of East Timor. Lisbon: Institute of Portuguese Language Law.

Ribeiro Manuel de Almeida (Cord), et, al, home, Encyclopedia of International Law, 2011.

Miranda Jorge, Fundamental Rights 2nd Edition 2017.

Dec. Law No. 52/2020 of October 21 First amendment to Decree-Law No. 3/2019 of March 5.

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Published

2025-06-11

How to Cite

Alexandre Gentil Corte-Real Araújo, DD FD UNTL, Ana Cristina de Jesus Silveira Martins, DB FCE UNTL, José Boavida Simões, MESTC, Paulo Henriques, CFJ MJ, Francisco Soares, DS FAP UNTL, Carlos Boavida Tilman, & ESE FMCS UNTL. (2025). To the Competition of the Court of Appeal (Highest Court Of Justice) in the Legal Organization of Timor-Leste (2025): Research Article. American Journal of Medical and Clinical Research & Reviews, 4(6), 1–11. https://doi.org/10.58372/2835-6276.1310

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