The Supreme Federal Court, the National Council of Justice and the
Superior Courts have their seat in the Federal Capital.
Paragraph 2 - The Supreme Federal Court and the Superior Courts have jurisdiction
over the entire Brazilian territory.
Article 93. A supplementary law, proposed by the Supreme Federal
Court, shall provide for the Statute of the Judicature, observing the following
principles:
I - admission into the career, with the initial post of substitute judge, by
means of a civil service entrance examination of tests and presentation of
academic and professional credentials, with the participation of the Brazilian
Bar Association in all phases, it being required for the Law bachelors a minimum of three years experience in juridical activies, obeying the order of classification for
appointments;
II - promotion from level to level, based on seniority and merit alternately,
observing the following rules:
a) the promotion of a judge who has appeared in a merit list for three
consecutive times or for five alternate times is mandatory;
b) merit promotion requires two years in office in the respective level and
that the judge should appear in the top fifth part of the seniority list of
such level, unless no one satisfying such requirements is willing to accept
the vacant post;
c) appraisal of merit according to the criteria of promptness and
reliability in the exercise of the jurisdictional function and according to
attendance and achievement in official or recognized improvement courses.
d) in determining seniority, the court may only reject the judge with the
longest service by the justified votes of two-thirds of its members, according to a
specific procedure, ample defense being assured, the voting being repeated until the selection is
determined;
e) there shall not be promoted the judge who, without cause, retains records longer than the time determined by law, it being forbidden to return them to the court without the proper sentence or other applicable action;
III - access to the courts of second instance shall obey seniority and merit,
alternately, as determined at the last or only level;
IV - provision of official courses for preparation, improvement and promotion of judges, it being a mandatory stage of the process of vitaliciety the participation in official course or in course recognized by a national school of formation and improvement of judges;
V - the remuneration of the Justices of the Superior Courts shall be equal to 95% (ninety-five percent) of the monthly remuneration fixed for the Justices of the Supreme Federal Court and the remuneration of the other judges shall be fixed by law and scaled, at federal and State levels, in accordance to the respective categories of the national judiciary structure, it being forbidden a difference between one and another superior to 10% (ten percent) or inferior to 5% (five percent), or an amount superior to 95% (ninety-five percent) of the monthly remuneration of the Justices of the Superior Courts, with observance, in any case, of the provisions of arts. 37, XI, and 39, paragraph 4.
VI - the retirement compensation of Judges and the pensions of his dependents shall obey the provisions of article 40.
VII - a permanent judge shall reside in the respective judicial district, excep if the court authorizes otherwise;
VIII - the acts of removal, of placement on paid availability and of retirement
of a judge, for public interest, shall be based on a decision by the vote of the absolute majority of the respective court or of the the National Council of Justice,
full defense being ensured;
IX - all judgements of the bodies of the Judicial Power shall be public, and
all decisions shall be justified, under penalty of nullity, and the law may,
in given acts, limit attendance to the
interested parties and their lawyers, or only to the latter, provided that the preservation of the right to intimacy of the party interested in secrecy do not prejudice the public interest to the information;
X - the administrative decisions of the courts shall be supported by a
recital and in public session, and disciplinary decisions shall be taken by the vote of the absolute
majority of their members;
XI - in courts with more than twenty-five judges, a special body may be
constituted, with a minimum of eleven and a maximum of twenty-five members, to
exercise the administrative and jurisdictional duties delegated by the full court, one half of the members being chosen by seniority, and the other half by voting of the full court;
XII - the jurisdictional activity shall be ininterrupt, it being forbidden colective vacations of judges and courts, it being mandatory, in days in which there is not ordinary shifts, the presence of judges in permanent duty;
XIII - the number of judges in the jurisdictional unity shall be proportional to the effective judiciary demand and to the respective population;
XIV - the servants shall receive delegation for the practice of acts of administration and acts withouth a decisorium nature;
XV - the distribution of proceedings shall be immediate, in all levels of jurisdiction.
Article 94. One-fifth of the seats of
the Federal Regional Courts, of the Courts of the States, and of the Federal
District and the Territories shall be occupied by members of the Public
Prosecution, with over ten years of office, and by lawyers of notable juridical
learning and spotless reputation, with over ten years of effective professional
activity, nominated in a list of six names by the entities representing the
respective classes.
Sole paragraph - Upon receiving the nominations, the court shall organize a
list of three names and shall send it to the Executive Power, which shall,
within the subsequent twenty days, select one of the listed names for
appointment.
Article 95. Judges enjoy the following guarantees:
I - life tenure, which, at first instance, shall only be acquired after two
years in office, loss of office being dependent, during this period, on
deliberation of the court to which the judge is subject, and, in other cases,
on a final and unappealable judicial decision;
II - irremovability, save for reason of public interest, under the terms of
article 93, VIII;
III - irreducibility of pay, observing, as regards remuneration, the provisions
of articles 37, X and XI, 39, paragraph 4, 150, II, 153, III, and 153, paragraph 2, I.
Sole
paragraph - Judges are forbidden to:
I - hold, even when on paid availability, another office or position, except
for a teaching position;
II - receive, on any account or for any reason, court costs or participation in
a lawsuit;
III - engage in political or party activities.
IV - receive, on any account or for any reason, payments or contributions from persons, public or private entities, with exception of the cases determined by law;
Article 96. It is
of the exclusive competence of:
I - the courts:
a) to elect their directive bodies and to draw up their internal
regulations, in compliance with the rules of proceedings and the procedural
guarantees of the parties, and regulating the competence and the operation
of the respective jurisdictional and administrative bodies;
b) to organize their secretariats and auxiliary services, as well as those
of the tribunals connected with them, guaranteeing the exercise of the
respective inspection activities;
c) to fill, under the terms of this Constitution, offices of career judges
within their respective jurisdiction;
d) to propose the creation of new courts of first instance;
e) to fill, by means of a civil service entrance examination of tests, or
of tests and presentation of academic and professional credentials according
to the provisions of article 169, paragraph 1, the offices required for
the administration of justice, except for the positions of trust as defined
in law;
f) to grant leave, vacations and other absences to their members and to the
judges and employees who are immediately subordinated to them;
II - the Supreme Federal Court, the Superior Courts and the Courts of Justice,
to propose to the respective Legislative Power, with due regard for the
provisions of article 169:
a) alteration in the number of members of the lower courts;
b) creation and extinction of offices and establishment of pay for the auxiliary services and for the courts connected with them, as well as establishment of subsides of their
members, for the judges, including those of the lower courts, if existing,
for ;
c) creation or extinction of inferior courts;
d) alteration of the judicial organization and division;
III - the Courts of Justice, to try judges of the states, of the Federal
District and of the Territories, as well as members of the Public Prosecution,
for common crimes and crimes of malversation, except in those cases within the
competency of the Electoral Code.
Article 97. The courts may
declare a law or a normative act of the Government unconstitutional only by the
vote of the absolute majority of their members or of the members of the
respective special body.
Article 98. The Union, in the Federal District and in the territories,
and the states shall create:
I - special courts, filled by togated judges, or by togated and lay judges,
with powers for conciliation, judgement and execution of civil suits of lesser
complexity and criminal offenses of lower offensive potential, by oral and
summary proceedings, allowing, in the cases established in law, the settlement
and judgement of appeals by panels of judges of first instance;
II - remunerated justice of peace, formed by citizens elected by direct,
universal and secret vote, with a term of office of four years and competence
to, under the terms of the law, perform marriages, examine qualification
proceedings, ex officio or in view of the presentation of a challenge, and
exercise conciliatory functions, of a nonjurisdictional nature, besides others
established by law.
Paragraph 1 - Federal law shall provide for the creation of special courts in the structure of the Federal Justice.
Paragraph 2 - The costs and fees shall be destined exclusively to the funding of the services related to activities specific of the Justice.
Article 99. The Judicial Power is ensured
of administrative and financial autonomy.
Paragraph 1 - The courts shall prepare their budget proposals, within the
limits stipulated jointly with the other Powers in the law of budgetary
directives.
Paragraph 2 - The proposal shall, after hearing the other interested courts,
be forwarded:
I - at the federal level, by the presidents of the Supreme Federal Court and
of the Superior Courts, with the approval of the respective courts;
II - at the level of the states and of the Federal District and the
territories, by the presidents of the Courts of Justice, with the approval of
the respective courts.
Paragraph 3 - If the bodies mentioned in paragraph 2 do not forward the respective budgetary proposals within the time established by the law of budgetary directives, the Executive Power shall consider, for the consolidation of the annual budgetary law, the amounts authorized for the current budgetary law, adjusted in accordance with the limits set forth in the manner prescribed by the paragraph 1 of the present article.
Paragraph 4. If the budgetary proposals are forwarded in disaccordance with the limits set forth in the manner prescribed by paragraph 1, the Executive Power shall perform the necessary adjustments in order to to consolidate the annual budgetary law.
Paragraph 5. During the eecution of the budget, there shall not be realization of expenditures or assumption of commitments which exceed the limits established by the law of budgetary directives, except if previously authorized, by means of creation of special or supplementary credits.
Article 100. With the exception of
alimony credits, payments owed by the Federal, state or municipal treasuries, by
virtue of a court decision, shall be made exclusively in chronological order of
presentation of judicial requests and charged to the respective credits, it
being forbidden to designate cases or persons in the budgetary appropriations
and in the additional credits opened for such purpose.
Paragraph 1 - It is mandatory for the budgets of public entities to include
the funds required for the payment of debts shown on the judicial requests
presented until or on July 1, and
the payment shall be made before the end of the following fiscal year, with the amounts being adjusted until the date of payment.
Paragraph 2 - The budgetary allocations and the credits opened shall be
assigned directly to the Judicial Power, it being within the competence of the President of
the Court which rendered the decision of execution to determine payment,
according to the possibilities of the deposit, and to authorize, upon petition
of a creditor and exclusively in the event that his right of precedence is not
respected, seizure of the amount required to satisfy the debt.
Paragraph 5. The law may establish distinct amounts for the purposes of the article 3 of the present article, in accordance to the different financial capabilities of the public entities.
SECTION II - THE SUPREME FEDERAL COURT
Article 101. The Supreme Federal Court is composed of eleven Justices,
chosen from among citizens over thirty-five and under sixty-five years of age,
of notable juridical learning and spotless reputation.
Sole paragraph - The Justices of the Supreme Federal Court shall be appointed
by the President of the Republic, after their nomination has been approved by
the absolute majority of the Federal Senate.
Article 102. The Supreme Federal Court is responsible, essentially,
for safeguarding the Constitution, and it is within its competence:
I - to institute legal proceeding and trial, in the first instance, of:
a) direct actions of unconstitutionality of a federal or state law or
normative act, and declaratory actions of constitutionality of a federal law
or normative act;
b) in common criminal offenses, the President of the Republic, the
Vice-President, the members of the National Congress, its own Justices and
the Attorney-General of the Republic;
c) in common criminal offenses and crimes of malversation, the Ministers of
State, except as provided in article 52, I, the Commanders of Navy, Army and Air Force and the members of the Superior
Courts, those of the Federal Court of Accounts and the heads of permanent
diplomatic missions;
d) habeas corpus, when the petitioner is any one of the persons
referred to in the preceding subitems; the writ of mandamus and habeas data
against acts of the President of the Republic, of the Directing Boards of
the Chamber of Deputies and of the Federal Senate, of the Federal Court of
Accounts, of the Attorney-General of the Republic and of the Supreme Federal
Court itself;
e) litigation between a foreign State or an international organization and
the Union, a state, the Federal District or a territory;
f) disputes and conflicts between the Union and the states, the Union and
the Federal District, or between one another, including the respective
indirect administration bodies;
g) extradition requested by a foreign state;
h)
i) habeas corpus, when the constraining party is a Superior Court or the petitioner is a
court, authority or employee whose acts are directly subject to the
jurisdiction of the Supreme Federal Court, or in the case of a crime,
subject to the same jurisdiction in one sole instance;
j) criminal review of and rescissory action against its decisions;
l) claims for the preservation of its powers and guarantee of the authority
of its decisions;
m) enforcement of court decisions in the cases where it has original
competence, the delegation of duties to perform procedural acts being
allowed;
n) a suit in which all members of the judicature are directly or indirectly
involved, and a suit in which more than half of the members of the court of
origin are disqualified or have a direct or indirect interest;
o) conflicts of powers between the Superior Court of Justice and any other
courts, between Superior Courts, or between the latter and any other court;
p) petitions of provisional remedy in direct actions of
unconstitutionality;
q) writs of injunction, when drawing up of the regulation is the
responsibility of the President of the Republic, of the National Congress,
of the Chamber of Deputies, of the Federal Senate, of the Directing Boards
of one of these legislative houses, of the Federal Court of Accounts, of one
of the Superior Courts, or of the Supreme Federal Court itself;
r) the suits filed against the National Council of Justice or against the National Council of Public Prosecution.
II - to judge on ordinary appeal:
a) habeas corpus, writs of mandamus, habeas data and writs of
injunction decided in a sole instance by the Superior Courts, in the event
of a denial;
b) political crimes;
III - to judge, on extraordinary appeal, cases decided in a sole or last
instance, when the decision appealed:
a) is contrary to a provision of this Constitution;
b) declares a treaty or a federal law unconstitutional;
c) considers valid a law or act of a local government contested in the
light of this Constitution.
d) considers valid local law contested in the light of federal law.
Paragraph 1. A claim of
non-compliance with a fundamental precept, deriving from this Constitution shall
be examined by the Supreme Federal Court, under the terms of the law.
Paragraph 2 - Final decisions on judgments, pronounced by the Supreme Federal
Court, in direct actions of unconstitutionality and in declaratory actions of constitutionality, shall have force against all, as well as a binding effect, as regards the
other bodies of the Judicial Power, as well as direct and indirect public administration, at Federal, States and municipalities levels.
Article 103. The following may file an action of unconstitutionality and the declaratory actions of constitutionality:
I - the President of the Republic;
II - the Directing Board of the Federal Senate;
III - the Directing Board of the Chamber of Deputies;
IV - the Directing Board of a State Legislative Assembly or of the Legislative Chamber of the Federal District;
V - a State Governor or the Governor of the Federal Distric;
VI - the Attorney-General of the Republic;
VII - the Federal Council of the Brazilian Bar Association;
VIII - a political party represented in the National Congress;
IX - a confederation of labour unions or a professional association of a
nationwide nature.
Paragraph 1 - The Attorney-General of the Republic
shall be previously heard in actions of unconstitutionality and in all suits
under the power of the Supreme Federal Court.
Paragraph 2 - When unconstitutionality is declared on account of lack of a
measure to render a constitutional provision effective, the competent Power
shall be notified for the adoption of the necessary actions and, in the case of
an administrative body. to do so within thirty days.
Paragraph 3 - When the Supreme Federal Court examines the unconstitutionality
in abstract of a legal provision or normative act, it shall first summon the
Advocate-General of the Union, who shall defend theca impugned act or text.
Paragraph 4 -
SECTION III - THE SUPERIOR COURT OF JUSTICE
Article 104. The Superior Court of Justice is composed of a minimum of
thirty-three Justices.
Sole paragraph - The Justices of the Superior Court of Justice shall be
appointed by the President of the Republic, chosen from among Brazilians over
thirty-five and under sixty-five years of age, of notable juridical learning and
spotless reputation, after the nomination has been approved by the absolute majority of the Federal
Senate, as follows:
I - one-third shall be chosen from among judges of the Federal Regional Courts
and one-third from among judges of the Courts of Justice, nominated in a list
of three names prepared by the Court itself;
II - one-third, in equal parts, shall be chosen from among lawyers and members
of the Federal Public Prosecution, the Public Prosecution of the states, the
Public Prosecution of the Federal District and the Territories, alternately,
nominated under the terms of article 94.
Article 105. The
Superior Court of Justice has the competence to:
I - institute legal proceeding and trial, in the first instance, of:
a) in common crimes, the Governors of the states and of the Federal
District, and, in such crimes and in crimes of malversation, the judges of
the Courts of Justice of the states and of the Federal District. the members
of the Courts of Accounts of the states and of the Federal District, those
of the Federal Regional Courts, of the Regional Electoral and Labour Courts,
the members of Councils or Courts of Accounts of the municipalities and the
members of the Public Prosecution of the Union who act before court;
b) writs of mandamus and habeas data against an act of a Minister of State, or Commander of the Navy, the Army or the Air Force,
or of the Court itself;
c) habeas corpus, when the constraining party or the petitioner is
any of the persons mentioned in subitem a, or when the constraining party is
a Minister of State, or Commander of the Navy, the Army or the Air Force,, except for the competence of the Electoral Courts;
d) conflicts of competence between any courts, except as provided in
article 102, I, o, as well as between a court and the judges not subject to
it and between judges subject to different courts;
e) criminal review of and the rescissory actions against its decisions;
f) claims for the preservation of its competence and guarantee of the
authority of its decisions;
g) conflicts of duties between administrative and judicial authorities of
the Union, or between judicial authorities of one state and administrative
authorities of another or of the Federal District, or between those of the
latter and those of the Union;
h) writs of injunction, when the drawing up of a regulation is the
responsibility of a federal body, entity, or authority, of the direct or
indirect administration X h the exceptional of the cases within the
competence of the Supreme Federal Court and of the bodies of the Military
Justice, of the Electoral Justice, of the Labour Justice and of the Federal
Justice.
i) the homologation of foreigner sentences and the granting of exequatur to rogatory letters;
II - judge, on ordinary appeal:
a) habeas corpus decided in a sole or last instance by the Federal
Regional Courts or by the courts of the states, of the Federal District and
the Territories, in the event of a denial;
b) writs of mandamus decided in a sole instance by the Federal Regional
Courts or by the courts of the states, of the Federal District and the
Territories, in the event of a denial;
c) cases in which the parties are a foreign state or international
organization, on the one part, and a municipality or a person residing or
domiciled in the country, on the other part;
III - judge, on special appeal, the cases decided, in a sole or last instance.
by the Federal Regional Courts or by the courts of the states, of the Federal
District and the Territories, when the decision appealed:
a) is contrary to a treaty or a federal law, or denies it effectiveness;
b) considers valid an act of a local government contested in the
light of a federal law;
c) confers upon a federal law an interpretation different from that which
has been conferred upon it by another court.
Sole paragraph. The following shall work at the Superior Court of Justice:
I - the National School for Formation and Improvement of Magistrates with, among others, the incumbence of regulate the official courses for entering the career and obtaining promotions;
II - the Council of the Federal Justice with the incumbences of, under the terms of the law, exercise administrative and budgetary supervision over the Federal Courts of first and second instances, as central body of the system and with investigative powers, and whose decisions shall have binding efect.
SECTION IV - THE FEDERAL REGIONAL COURTS AND THE FEDERAL
JUDGES
Article 106. The following are the bodies of Federal Justice:
I - the Federal Regional Courts;
II - the Federal Judges.
Article 107. The Federal Regional
Courts are composed of a minimum of seven judges, selected, whenever possible,
in the respective region and nominated by the President of the Republic from
among Brazilians over thirty and under sixty-five years of age, as follows:
I - one-fifth shall be chosen from among lawyers effectively practicing their
professional act for more than ten years and from among members of the Federal
Public Prosecution. with over ten years of service;
II - the others, by means of promotion of federal judges with over five years
in office, for seniority and merit, alternatively.
Paragraph 1 - A
law shall regulate the removal or exchange of judges of the Federal Regional
Courts and shall determine their jurisdiction and seat.
Paragraph 2. The Federal Regional Courts shall install the mobile justice, with realization of hearings and other functions of the jurisdictional activity, within the territorial boundaries of the respective jurisdiction, making use of public and communitary equipments.
Paragraph 3. The Federal Regional Courts shall have the option to work in a decentralized manner, constituting regional Chambers, in order to assure full acess by the interested parties to the justice in all stages of the case.
Article 108. The Federal Regional Courts have the competence to:
I - institute legal proceeding and trial, in the first instance, of:
a) federal judges within the area of their jurisdiction, including those of
the Military and Labour Courts, in common crimes and crimes of malversation,
and the members of the Public Prosecution of the Union, except for the
competence of the Electoral Courts;
b) criminal reviews and the rescissory actions against their decisions or
decisions of the federal judges of the region;
c) writs of mandamus and habeas data against an act of the Court itself or
of a federal judge;
d) habeas corpus, when the constraining authority is a federal
judge;
e) conflicts of competence between federal judges subject to the Court.
II - judge, at the level of appeal, cases decided by federal judges and by
state judges in the exercise of the federal competence within the area of
their jurisdiction.
Article 109. The federal judges have the
competence to institute legal proceeding and trial of:
I - cases in which the Union, an autonomous government agency or a federal
public company have an interest as plaintiffs, defendants, privies or
interveners, with the exception of cases of bankruptcy, of job-related
accidents, and of those subject to the Electoral and Labour Courts;
II - cases between a foreign state or international organization and a
municipality or a person domiciled or residing in the country;
III - cases based on a treaty or a contract between the Union and a foreign
State or international organization;
IV - political crimes and criminal offenses committed against the assets,
services or an interest of the Union or of its autonomous agencies or public
companies, excluding misdemeanours and excepting the competence of the
Military and Electoral Courts;
V - crimes covered by an international treaty or convention, when, the
indirect administration of the cases within the prosecution having started in
the country, the result has taken place or should have taken place abroad, or
conversely;
V-A - cases related to human rights mentioned by paragraph 5 of this article;
VI - habeas corpus, in criminal matters within their competence or when
the coercion is exercised by an authority whose acts are not directly subject
to another jurisdiction;
VII - writs of mandamus and habeas data against an act of a federal authority,
except for the cases within the competence of the federal courts;
VIII - crimes committed aboard ships or aircrafts, excepting the competence of
the Military Courts;
IX - crimes or irregular entry or stay of a foreigner, execution of letters
rogatory, after exequatur, and of foreign court decisions, after homologation.
eases related to nationality, including the respective option, and to
naturalization;
X - disputes over the rights of Indians.
Paragraph 1 - Cases in which
the Union is the plaintiff shall be instituted in the judicial section where the
other party is domiciled.
Paragraph 2 - Cases brought against the Union may be instituted in the
judicial section where the plaintiffs domiciled, or where the act or fact giving
rise to the suit occurred or where the item is located, or further, in the
Federal District.
Paragraph 3 - Cases in which the parties are a social security institution
and its beneficiary shall undergo legal proceeding and trial in the state
courts, in the forum of the domicile of the beneficiaries or insured
participants, whenever the district is not the seat of a federal court of first
instance, in which case the law may allow other eases to be also processed and
judged by the state courts.
Paragraph 4 - In the event of the preceding paragraph, the appropriate appeal
shall always be taken to the Federal Regional Court within the area of
jurisdiction of a judge of first instance.
Paragraph 5 - In cases os serious violation of human rights, the Attorney-General of the Republic, with the purpose of assuring the fullfilment of obligations derived from international treaties on human rights of which Brazil is a signer, shall have the power to claim, before the Superior Court of Justice, at any stage of the investigations or of the trial, incident of changing of competence in favor of the Federal Justice.
Article 110. Each state, as well as the Federal District, shall be a
judicial session, which shall have its seat in the respective capital, and there
shall be courts of first instance located where established in law.
Sole paragraph - In the Federal Territories, the jurisdiction and duties
attributed to federal judges shall be within the competence of the judges of the
local justice, under the terms of the law.
SECTION V - LABOUR COURTS AND JUDGES
Article 111. The following are the bodies of Labour Justice:
I - the Superior Labour Court;
II - the Regional Labour Courts;
III - Labour Judges.
Article 111-A. The Superior Labour Court shall be composed of twenty-seven Justices, chosen from among Brazilians over thirty-five and under sixty-five years of age, appointed by the President of the Republic after approval by the absolute majority of the Federal Senate, as follows:
I - one fifth of the members chosen from among lawyers with more than ten years of effective professional experience and members of the Labour Public Prosecution with more than ten years of effective office, with due regard to the provisions of article 94;
II - the other members chosen from among judges of the Regional Labour Courts, appointed by the Superior Labour Court.
Paragraph 1. The law shall establish the competences of the Superior Labour Court.
Paragraph 2. The following bodies shall work at the Superior Labour Court:
I - the National School of Formation and Improvement of Labour Judges, with the incumbence, among other functions, of regulating the official courses for entering the career and obtaining promotions;
II - the National Council of the Labour Justice, with the incumbence to exercize, in the manner determined by law, the administrative, budgetary, financial and assets administration of the Labour Justice in first and second instances, as central body of the system, whose decisions shall have binding effect.
Article 112. The law shall create jurisdictions of the Labour Justice, and in the areas not subject to a jurisdiction, it shall be assigned to a State Judge, with appeals being examined by the respective Regional Labour Court.
Article 113. The law shall regulate the constitution, installation,
jurisdiction, powers, guarantees and conditions of exercise of the bodies of
Labour Justice.
Article 114. It is the competence of the Labour Justice to file and to judge:
I - cases derived from labor relationships, including entities of foreigner public nature and of direct and indirect administration of the Union, States, Federal District and municipalities;
II - cases relatives to the exercize of the right of strike;
III - cases of union representation, between unions, between unions and workers, and between unions and employers;
IV - writ of mandamus, habeas corpus and habeas data, when the action in question is subject to its jurisdiction;
V - the conflicts of competence between bodies with labour jurisdiction, with observance of the provisions of article 102, I, o;
VI - cases of indemnization for moral or material damage, derived from labour relationships;
VII - cases relative to administrative penalties imposed to employers by the labour relations enforcing agencies;
VIII - the execution, ex-officio, of the social contributions established by article 195, I, a, and II, and respective legal adjustments, derived from sentences issued by the labour justice;
IX - other conflicts derived from labour relationships, as established by law.
Paragraph 1. If the colective negotiation fails, the parties shall be able to opt for arbitrators.
Paragraph 2. If any of the parties refuses collective negotiation or arbitration, the parties may, by common agreement, file a collective suit of economic nature, and the Labour Justice may decide on the conflict, respecting the minimum legal provisions for protection of labour, as well as the provisions formerly convened.
Paragraph 3. In case of a strike affecting essential activity, with possibility of harm to the public interest, the Labour Public Prosecution may file a collective suit, it being incumbent to the Labour Justice to decide on the conflict.
Article 115. The Regional Labour Courts shall be composed of, at least, seven judges, recruited, whenever possible, in the respective region, and appointed by the President of the Republic from among Brazilians with more than thirty and less than sixty-five years of age, as follows:
I - one fifth chosen from among lawyers with more than ten years of effective professional experience and members of the Labour Public Prosecution with more than ten years of effective office, with observance of the article 94;
II - the others, by means of promotion of labour judges by seniority and merit, alternately.
Paragraph 1. The Regional Labour Courts shall install the mobile justice, with realization of hearings and other functions of the jurisdictional activity, within the territorial boundaries of the respective jurisdiction, making use of public and communitary equipments.
Paragraph 2. The Regional Labour Courts shall have the option to work in a decentralized manner, constituting regional Chambers, in order to assure full acess by the interested parties to the justice in all stages of the case.
Article 116. In the Labour zones, the jurisdiction shall be exercized by a singular judge.
Article 117.
SECTION VI - ELECTORAL COURTS AND JUDGES
Article 118. The following are the bodies of Electoral Justice:
I - the Superior Electoral Court;
II - the Regional Electoral Courts;
III - the Electoral Judges;
IV - the Electoral Boards.
Article 119. The Superior Electoral
Court shall be composed of a minimum of seven members chosen:
I - through election, by secret vote:
a) three judges from among the Justices of the Supreme Federal Court;
b) two judges from among the Justices of the Superior Court of Justice;
II - through appointment by the President of the Republic, two judges from
among six lawyers of notable juridical learning and good moral repute,
nominated by the Supreme Federal Court.
Sole paragraph - The Superior
Electoral Court shall elect its President and Vice-President from among the
Justices of the Supreme Federal Court, and its Electoral Corregidor from among
the Justices of the Superior Court of Justice.
Article 120. There shall be a Regional Electoral Court in the capital
of each state and in the Federal District.
Paragraph 1 - The Regional Electoral Courts shall be composed:
I - through election, by secret vote:
a)of two judges chosen from among the judges of the Court of Justice;
b) of two judges chosen by the Court of Justice from among court judges;
II - of a judge of the Federal Regional Court with its seat in the capital of a
state or in the Federal District, or, in the absence thereof, of a federal
judge chosen in any case by the respective Federal Regional Court;
III - through appointment by the President of the Republic, of two judges
nominated by the Court of Justice from among six lawyers of notable juridical
learning and good moral repute.
Paragraph 2 - The Regional Electoral
Court shall elect its President and Vice-President from among its judges.
Article 121. A supplementary law shall provide for the organization
and competence of the electoral courts, judges and boards.
Paragraph 1 - The members of the courts, the court judges and the members of
the electoral boards, while in office and insofar as applicable to them, shall
enjoy full guarantees and shall be non-removable.
Paragraph 2 - The Judges of the Electoral Courts, except for a justified
reason, shall serve for a minimum of two years, and never for more than two
consecutive two-year periods, and their substitutes shall be chosen at the same
time and through the same procedure, in equal numbers for each category.
Paragraph 3 - The decisions of the Superior Electoral Court are unappealable,
save those which are contrary to this Constitution and those denying habeas
corpus or writs of mandamus.
Paragraph 4 - Decisions of the Regional Electoral Courts may only be appealed
against when:
I - they are rendered against an express provision of this Constitution or of
a law;
II - there is a divergence in the interpretation of a law between two or more
electoral courts;
III - they relate to ineligibility or issuance of certificates of electoral
victory in federal or state elections;
IV - they annul certificates of electoral victory or decree the loss of federal
or state elective offices;
V - they deny habeas corpus, writs of mandamus, habeas data or
writs of injunction.
SECTION VII - MILITARY COURTS AND JUDGES
Article 122. The following are the bodies of Military Justice:
I - the Superior Military Court;
II - the Military Courts and Judges instituted by law.
Article 123 The Superior Military Court shall be composed of fifteen life Justices,
appointed by the President of the Republic, after their nomination has been
approved by the Federal Senate, three of which shall be chosen from among
General officers of the Navy, four from among General officers of the Army,
three from among General officers of the Air Force, all of them in active
service and in the highest rank of the career, and five from among civilians.
Sole paragraph - The civil justices shall be chosen by the President of the
Republic from among Brazilians over thirty-five years of age, as follows:
I - three from among lawyers of notable juridical learning and spotless
conduct, with over ten years of effective professional activity;
II - two, by equal choice, from among auditor judges and members of the Public
Prosecution of the Military Justice.
Article 124. The Military
Courts have the competence to carry out legal proceeding and trial of the
military crimes defined by law.
Sole paragraph - The law shall make provisions for the organization,
operation and competence of the Military Courts.
SECTION VIII - COURTS AND JUDGES OF THE STATES
Article 125. The states shall organize their judicial system,
observing the principles established in this Constitution.
Paragraph 1 - The competence of the courts shall be defined in the
Constitution of the state, and the law of judicial organization shall be the
initiative of the Court of Justice.
Paragraph 2 - The states have the competence to institute actions of
unconstitutionality of state or municipal laws or normative acts in the light of
the Constitution of the state, it being forbidden to attribute legitimation to
act to a sole body.
Paragraph 3 - By proposal of the Court of Justice, a state law may create the
state Military Justice, constituted, at first instance, by the Councils of
Justice and, at second instance, by the Court of Justice itself, or by the Court
of Military Justice in those states in which the military effectives count
more than twenty thousand members.
Paragraph 4 - The state Military Courts have the competence to institute
legal proceeding and trial of militaries of the States, in cases of military crimes as defined by law, and the judiciary suits against military disciplinary acts, without prejudice of the competence of the jury when the victim is a civilian, it being incumbent to the competent court to decide on the loss of office and ranks of officials and the graduation of soldiers.
Article 126. For the settlement of conflicts relating to land
property, the Court of Justice shall propose the creation of specialized jurisdictional zones, with
exclusive competence for agrarian matters.
Sole paragraph - Whenever efficient jurisdictional service requires it, the
judge shall go personally to the site of the litigation.
CHAPTER IV - THE FUNCTIONS ESSENTIAL TO JUSTICE
SECTION I - THE PUBLIC PROSECUTION
Article 127. The Public Prosecution is a permanent institution,
essential to the jurisdictional function of the State, and it is its duty to
defend the juridical order, the democratic regime and the inalienable social and
individual interests.
Paragraph 1 - Unity, indivisibility and functional independence are
institutional principles of the Public Prosecution.
Paragraph 2 - The Public Prosecution is ensured of functional and
administrative autonomy, and it may, observing the provisions of article 169,
propose to the Legislative Power the creation and extinction of its offices and
auxiliary services, filling them through a civil service entrance examination of
tests or of tests and presentation of academic and professional credentials, the remuneratory policy and the plans of careers; the
law shall provide for its organization and operation.
Paragraph 3 - The Public Prosecution shall prepare its budget proposal within
the limits established in the law of budgetary directives.
Paragraph 4. If the Public Prosecution do not forward the respective budget proposal within the time established by the law of budgetary directives, the Executive Power shall consider, for the purpose of consolidation of the annual budget law draft, the amounts approved by the current budget law, adjusted in accordance with the limits set forth by paragraph 3.
Paragraph 5. If the budget proposal subject of this article is forwarded in disaccordance with the limits set forth by paragraph 3, the Executive Power shall proceed to the necessary adjustments for the purpose of consolidation of the annual budget law draft.
Paragraph 6. During the budgetary execution, the realization of expenditures or the assumption of obligations which exceed the limits set forth by the law of budgetary directives are prohibited, except if previously authorized, through the opening of supplementary or special budgetary credits.
Article 128. The Public Prosecution comprises:
I - the Public Prosecution of the Union, which includes:
a) the Federal Public Prosecution;
b) the Labour Public Prosecution;
c) the Military Public Prosecution;
d) the Public Prosecution of the Federal District and the Territories.
II - the Public Prosecutions of the States.
Paragraph 1 - The head of
the Public Prosecution of the Union is the Attorney-General of the Republic,
appointed by the President of the Republic from among career members over
thirty-five years of age, after his name has been approved by the absolute
majority of the members of the Federal Senate, for a term of office of two
years, reappointment being allowed.
Paragraph 2 - The removal of the Attorney-General of the Republic, on the
initiative of the President of the Republic, shall be subject to prior
authorization by the absolute majority of the Federal Senate.
Paragraph 3 - The Public Prosecutions of the stales. of the Federal District
and the Territories shall prepare a list of three names from among career
members, under the terms of the respective law, for the selection of their
Attorney-General, who shall be appointed by the Head of the Executive Power for
a term of office of two years, one reappointment being allowed.
Paragraph 4 - The Attorneys-General in the states, in the Federal District
and the Territories may be removed from office by deliberation of the absolute
majority of the Legislative Power, under the terms of the respective
supplementary law.
Paragraph 5 - Supplementary laws of the Union and of the states, which may be
proposed by the respective Attorneys-General, shall establish the organization,
the duties and the statute of each Public Prosecution, observing, as regards
their members:
I - the following guarantees:
a) life tenure, after two years in office, with loss of office only by a
final and unappealable judicial decision;
b) irremovability, save for reason of public interest, through decision of
the competent collegiate body of the Public Prosecution, by the vote of the absolute majority
of its members, full defense being ensured;
c) irreducibility of subsides, established in the manner determined by article 39, paragraph 4, observing the
provisions of articles 37, X and XI, 150, II, 153, III, 153, paragraph 2, I;
II - the following prohibitions:
a) receiving, on any account or for any reason, fees, percentages or court
costs;
b) practicing the legal profession;
c) participating in a commercial company, under the terms of the law;
d) exercising, even when on paid availability, any other public function,
except for a teaching position;
e) engaging in political or party activities;
f) receive, on any account or for any reason, payments or contributions from persons, public or private entities, with exception of the cases determined by law;
Paragraph 6. The members of the Public Prosecution are subject to the provisions of article 95, sole paragraph, V.
Article 129. The following
are institutional functions of the Public Prosecution:
I - to initiate, exclusively, public criminal prosecution, under the terms of
the law;
II - to ensure effective respect by the Public Authorities and by the services
of public relevance for the rights guaranteed in this Constitution, taking the
action required to guarantee such rights;
III - to institute civil investigation and public civil suit to protect public
and social property, the environment and other diffuse and collective
interests;
IV - to institute action of unconstitutionality or representation for purposes
of intervention by the Union or by the states, in the cases established in
this Constitution;
V - to defend judicially the rights and interests of the Indian populations;
VI - to issue notifications in administrative procedures within its competence,
requesting information and documents to support them, under the terms of the
respective supplementary law;
VII - to exercise external control over police activities, under the terms of
the supplementary law mentioned in the previous article;
VIII - to request investigatory procedures and the institution of police
investigation, indicating the legal grounds of its procedural acts;
IX - to exercise other functions which may be conferred upon it, provided that
they are compatible with its purpose, with judicial representation and
judicial consultation for public entities being forbidden.
Paragraph 1
- Legitimation by the Public Prosecution for the civil actions set forth in this
article shall not preclude those of third parties in the same cases, according
to the provisions of this Constitution and af the law.
Paragraph 2 - The functions of Public Prosecution may only be exercised by
career members, who must reside in the judicial district of their respective
assignment, except if authorized otherwise by the chief of the institution.
Paragraph 3 - Admission into the career shall take place by means of a civil
service entrance examination of tests and presentation of academic and
professional credentials, ensuring participation by the Brazilian Bar
Association in such examination, it being required for the Law bachelors a minimum of three years experience in juridical activies, and observing, for appointment, the order of
classification.
Paragraph 4 - The provisions of article 93, II and VI shall apply to the
Public Prosecution, where appropriate.
Article 130. The provisions of this section concerning rights,
prohibitions and form of investiture apply to the members of the Public
Prosecution before the Courts of Accounts.
Article 130-A. The National Council of the Public Prosecution shall be composed of fourteen members appointed by the President of the Republic, after the names having been approved by the absolute majority of the Federal Senate, for a term of two years, admitted one reconduction, as follows:
SECTION II - THE ADVOCACY-GENERAL OF THE UNION
Article 131. The Advocacy-General of the Union is the institution
which, either directly or through a subordinated agency, represents the Union
judicially or extrajudicially, and it is responsible, under the terms of the
supplementary law which provides for its organization and operation, for the
activities of judicial consultation and assistance to the Executive Power.
Paragraph l - The Advocacy-General of the Union is headed by the
Advocate-General of the Union, freely appointed by the President of the Republic
from among citizens over thirty-five years of age, of notable juridical learning
and spotless reputation.
Paragraph 2 - Admission into the initial classes of the careers of the
institution dealt with in this article shall take place by means of a civil
service entrance examination of tests and presentation of academic and
professional credentials.
Paragraph 3 - In the execution of receivable taxes of a tributary nature, the
Union shall be represented by the office of the Attorney-General of the Public
Finances, observing the provisions of the law.
Article 132. The Prosecutors of the states and of the Federal District
shall exercise judicial representation and judicial consultation for their
respective federated units, organized in a career, admission into which shall
depend on a civil service entrance examination of tests and presentation of
academic and professional credentials with the participation of the Brazilian BAR Association in all stages, observing the provisions of article 135.
Sole paragraph. The prosecutors subject of this article are ensured tenure after three years of effective office, by means of a performance evaluation before the proper bodies, and after detailed report by the Internal Affairs.
SECTION III - THE PUBLIC ADVOCACY AND THE PUBLIC LEGAL
DEFENSE
Article 133. The lawyer is indispensable to the administration of
justice and is inviolable for his acts or manifestations in the exercise of his
profession, within the limits of the law.
Article 134. The Public Legal Defense is an essential institution to
the jurisdictional function of the State and is responsible for the judicial
guidance and the defense, in all levels, of the needy, under the terms of
article 5, LXXIV.
Paragraph 1 - A supplementary law shall organize the Public Legal Defense
of the Union, of the Federal District and the Territories and shall prescribe
general rules for its organization in the states, into career offices filled, in
the initial class, by means of a civil service entrance examination of tests and
presentation of academic and professional credentials, with the guarantee of
irremovability being ensured to its members and the practice of advocacy beyond
the institutional attributions being forbidden.
Paragraph 2. The Public Legal Defense of the States is ensured functional and administative autonomy and initiative of budget proposal within the limits determined by the law of budgetary directives and observance of the provisions of article 99, paragraph 2.
Article 135. The servants of the careers regulated by Sections II and III of this Chapter shall be remunerated in accordance to the provisions of article 39, paragraph 4.
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