Article 97 of the Constitution of Brazil

unconstitutional only by the vote of the absolute majority of their members or of the members of the respective special body. a rticle 98. t he u nion, in the f ederal d istrict and in the territories, and the states shall create: (CA No. 22, 1999; CA No. 45, 2004) 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 non-jurisdictional nature, besides others established by law. p aragraph 1. f ederal legislation shall provide for the establishment of special courts within f ederal Justice. pa ragraph 2. J udicial costs and fees shall be assigned exclusively to fund services related to activities which are specific of Justice. ar ticle 99. T he Judicial Power is ensured of administrative and financial autonomy. ( ca n o. 45, 2004) p aragraph 1. t he courts shall prepare their budget proposals, within the limits stipulated jointly with the other Powers in the law of budgetary directives. pa ragraph 2. th e proposal shall, after hearing the other interested courts, be forwarded: i – at the federal level, by the presidents of the s upreme f ederal c ourt and of the Superior Courts, with the approval of the respective courts; ii – at the level of the states and of the f ederal d istrict and the territories, by the presidents of the c ourts of Justice, with the approval of the respective courts. p aragraph 3. i f the government bodies referred to in paragraph 2 do not forward their respective budget proposals within the time period stipulated in the law of budgetary directives, the e xecutive p ower shall, with a view to engrossing the annual budget proposal, take into account the figures approved in the current budgetary law, such figures adjusted in accordance with the limits stipulated under the terms of paragraph 1 of this article. p aragraph 4. i f the budget proposals referred to in this article and thus forwarded do not obey the limits stipulated under paragraph 1, the e xecutive p ower shall effect the necessary adjustments with a view to engrossing the annual budget proposal. Paragraph 5. In the implementation of the budget of a specific fiscal year, no expenses may be incurred and no obligations may be assumed that exceed the limits miolo_constitution_versao_camara.indd 79 17/6/2010 15:01:03 Constitution of the Federative Republic of Brazil 80 stipulated in the law of budgetary directives, except when previously authorized, by opening supplementary or special credits. a rticle 100. p ayments owed by the federal, state, f ederal d istrict, or municipal treasuries, by virtue of a court decision, shall be made exclusively in chronological order of submission of court orders 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. (CA No. 20, 1998; CA No. 30, 2000; CA No. 37, 2002; CA No. 62, 2009) p aragraph 1. s upport-related debts include those arising from wages, salaries, pay, pensions, and their supplementations, social security benefits and compensation for death and disability, such compensation being based on civil liability, by virtue of a final and unappealable judicial decision, and shall be paid before any other debts, except those referred to in p aragraph 2 of this article. pa ragraph 2. su pport-related debts owed to persons aged 60 (sixty) or over on the date the respective court order is issued, or to persons with serious diseases, as defined by law, shall be paid before any other debts, up to an amount equivalent to three times the amount stipulated by law for the purposes of p aragraph 3 of this article, parceling for such end being permitted, whereas the remaining amount shall be paid according to the chronological order of submission of respective court order. pa ragraph 3. th e provision contained in the head paragraph of this article, regarding the issuance of court orders, does not apply to obligations defined by law as small amounts, which must be paid by the treasuries herein referred to by virtue of a final and unappealable court decision. p aragraph 4. f or the purposes of the provision of p aragraph 3, different amounts may be stipulated for the federating units through their own legislation and according to their various economic capabilities, whereas the minimum amount shall be equal to the amount of the highest benefit paid by the general Social Security scheme. p aragraph 5. i t is mandatory for the budgets of the federating units to include the funds required for payment of debts arising from final and unappealable judicial decisions, stated in court orders submitted until or on July 1, and payment shall be made before the close of the subsequent fiscal year, on which date their amounts shall be adjusted for inflation. p aragraph 6. t he budgetary allocations and the credits opened shall be assigned to the Judicial p ower, it being within the competence of the p residing Judge of the c ourt which rendered the decision of execution to determine full payment and to authorize – upon petition of a creditor and exclusively in the event that his right of precedence is not respected or that the amount necessary to satisfy the debt has not been set aside – attachment of the respective amount. Paragraph 7. The Presiding Judge of the appropriate Court who, by means of an act or omission, delays or attempts to frustrate the regular payment of a court-ordered debt shall be liable to crime of malversation and shall also appear before the n ational c ouncil of Justice. p aragraph 8. t he issuance of a court order as a supplementation to or in addition to an amount already paid, as well as the parceling, apportionment, or reduction of miolo_constitution_versao_camara.indd 80 17/6/2010 15:01:03 The Organization of the Powers 81 the amount under execution – so that the provision of p aragraph 3 may be applied to a portion of the total amount – are forbidden. pa ragraph 9. at the time a court order is issued, irrespective of the relevant regulation, there shall be deducted from such court order, for the purpose of a set-off, an amount corresponding to clear legal debits, either registered or not under debts in execution and attributed to the original creditor by the treasury in debt, including future accruing installments of parcelings, save for those whose execution has been stayed by virtue of administrative or judicial challenge. p aragraph 10. b efore a court order is issued, the relevant court shall request that the Treasury in debt must provide, within 30 (thirty) days, otherwise subject to loss of the right to offset, information on the debits which meet the conditions stipulated in p aragraph 9, for the purposes set forth in said p aragraph. p aragraph 11. i n accordance with legislation of the federating unit in debt, a creditor may employ court order credits to purchase public property belonging to the respective federating unit. p aragraph 12. a s from the date c onstitutional a mendment no. 62 is enacted, the amounts stated in court orders, after such court orders are issued up until effective payment, irrespective of their nature, shall be adjusted according to the official rate applied to savings accounts, whereas, for the purpose of compensation of delay in the payment, simple interest will be applied at the same percentage of interest applied to savings accounts, the employment of compensatory interest being excluded. p aragraph 13. c reditors may assign their court order credits, in whole or in part, to third parties, irrespective of consent by the debtor, and the provisions of pa ragraphs 2 and 3 shall not be applied to the assignee. p aragraph 14. a ssignment of court order credits shall only produce effects after communication to the court of origin and to the federating unit in debt by filing a relevant petition. Paragraph 15. W ithout prejudice to the provisions of this article, a supplementary law to this f ederal c onstitution may establish a special regime for the payment of court-ordered debts owed by st ates, the fe deral di strict, and Municipalities, providing for earmarked net current revenues and for payment term and methods. p aragraph 16. t he f ederal Government may, at its own discretion and under the terms of relevant law, take on debts resulting from court orders issued against a State, the Federal District, or a Municipality, and refinance them directly. s e C tion ii t he s upreme f ederal c ourt a rticle 101. t he s upreme f ederal c ourt 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. t he Justices of the s upreme f ederal c ourt shall be appointed by the p resident of the r epublic, after their nomination has been approved by the absolute majority of the Federal Senate. miolo_constitution_versao_camara.indd 81 17/6/2010 15:01:03 Constitution of the Federative Republic of Brazil 82 ar ticle 102. th e su preme fe deral co urt is responsible, essentially, for safeguarding the Constitution, and it is within its competence: (CA No. 3, 1993; CA No. 22, 1999; CA No. 23, 1999; CA No. 45, 2004) 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 pr esident of the re public, the vi ce- p resident, the members of the n ational c ongress, its own Justices and the Attorney-General of the Republic; c) in common criminal offenses and crimes of malversation, the Ministers of st ate and the co mmanders of the na vy, the ar my, and the ai r fo rce, except as provided in article 52, i, the members of the su perior co urts, those of the Federal Audit Court 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 pr esident of the re public, of the di recting bo ards of the ch amber of de puties and of the fe deral se nate, of the fe deral au dit co urt, 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 f ederal d istrict, or between one another, including the respective indirect administration bodies; g) extradition requested by a foreign state; h) (revoked); i) habeas corpus, when the constraining party is a s uperior c ourt, or when the constraining party or the petitioner is an 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 actions to overrule its final judgements; 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 su perior co urts, or betweeen the latter and any other court; miolo_constitution_versao_camara.indd 82 17/6/2010 15:01:03 The Organization of the Powers 83 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 p resident of the r epublic, of the n ational c ongress, of the c hamber of d eputies, of the f ederal s enate, of the d irecting b oards of one of these legislative houses, of the fe deral au dit co urt, of one of the su perior co urts, or of the Supreme Federal Court itself; r) lawsuits against the n ational c ouncil of Justice and against the n ational Council of the 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 a local law challenged in the light of a federal law. p aragraph 1. a claim of non-compliance with a fundamental precept deriving from this c onstitution shall be examined by the s upreme f ederal c ourt, under the terms of the law. pa ragraph 2. fi nal decisions on merits, pronounced by the su preme fe deral co urt, in direct actions of unconstitutionality and declaratory actions of constitutionality shall have force against all, as well as a binding effect, as regards the other bodies of the Judicial p ower and the governmental entities and entities owned by the f ederal Government, in the federal, state, and local levels. pa ragraph 3. in an extraordinary appeal, the appealing party must demonstrate the general repercussion of the constitutional issues discussed in the case, under the terms of the law, so that the c ourt may examine the possibility of accepting the appeal, and it may only reject it through the opinion of two thirds of its members. ar ticle 103. T he following may file direct actions of unconstitutionality and declaratory actions of constitutionality: (CA No. 3, 1993; CA No. 45, 2004) 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 d irecting b oard of a s tate l egislative a ssembly or of the f ederal District Legislative Chamber; V – a State Governor or the Federal District Governor; miolo_constitution_versao_camara.indd 83 17/6/2010 15:01:03 Constitution of the Federative Republic of Brazil 84 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. p aragraph 1. t he a ttorney-General of the r epublic shall be previously heard in actions of unconstitutionality and in all suits under the power of the s upreme f ederal c ourt. Paragraph 2. W hen 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 u nion, who shall defend the impugned act or text. Paragraph 4. (Revoked). a rticle 103- a . t he f ederal s upreme c ourt may, ex-officio or upon request, upon decision of two thirds of its members, and following reiterated judicial decisions on constitutional matter, issue a summula (restatement of case law) which, as from publication in the official press, shall have a binding effect upon the lower bodies of the Judicial p ower and the direct and indirect public administration, in the federal, state, and local levels, and which may also be reviewed or revoked, as set forth in law. ( ca n o. 45, 2004) pa ragraph 1. th e purpose of a summula is to validate, construe, and impart effectiveness to some rules about which there is a current controversy among judicial bodies or among such bodies and the public administration, and such controversy brings about serious juridical insecurity and the filing of multiple lawsuits involving similar issues. Paragraph 2. W ithout prejudice to the provisions the law may establish, the issuance, review, or revocation of a summula may be requested by those who may file a direct action of unconstitutionality. Paragraph 3. A n administrative act or judicial decision which contradicts the applicable summula or which unduly applies a summula may be appealed to the s upreme f ederal c ourt, and if the appeal is granted, such c ourt shall declare the administrative act null and void or overrule the appealed judicial decision, ordering that a new judicial decision be issued, with or without applying the summula, as the case may be. ar ticle 103- b. T he National Council of Justice is composed of 15 (fifteen) members appointed for a two-year term of office, one reappointment being permitted, as follows: (CA No. 45, 2004; CA No. 61, 2009) I – the Chief Justice of the Supreme Federal Court; miolo_constitution_versao_camara.indd 84 17/6/2010 15:01:03 The Organization of the Powers 85 II – a Justice of the Superior Court of Justice, nominated by said Court; III – a Justice of the Superior Labour Court, nominated by said Court;IV – a judge of a State Court of Justice, nominated by the Supreme Federal Court; V – a state judge, nominated by the Supreme Federal Court;VI – a judge of a Federal Regional Court, nominated by the Superior Court of Justice; VII – a federal judge, nominated by the Superior Court of Justice;VIII – a judge of a Regional Labour Court, nominated by the Superior Labour Court; IX – a labour judge, nominated by the Superior Labour Court;X – a member of the pu blic pr osecution of the un ion, nominated by the Attorney-General of the Republic; X i – a member of a state p ublic p rosecution, chosen by the a ttorney-General of the r epublic from among the names indicated by the competent body of each state institution; XII – two lawyers, nominated by the Federal Board of the Brazilian Bar Association; XIII – two citizens of notable juridical learning and spotless reputation, one of whom nominated by the c hamber of d eputies and the other one by the f ederal s enate. pa ragraph 1. th e co uncil shall be presided over by the ch ief Justice of the s upreme f ederal c ourt and, in the event of his absence or impediment, by the most senior a ssociate Justice of the s upreme f ederal c ourt. pa ragraph 2. th e other members of the co uncil shall be appointed by the pr esident of the Republic, after their nomination has been approved by the absolute majority of the f ederal s enate. p aragraph 3. i f the nominations set forth in this article are not effected within the legal deadline, selection shall be incumbent upon the f ederal s upreme c ourt. p aragraph 4. i t is incumbent upon the c ouncil to control the administrative and financial operation of the Judicial Branch and the proper discharge of official duties by judges, and it shall, in addition to other duties that the Statute of the Judicature may confer upon it: i – ensure that the Judicial b ranch is autonomous and that the s tatute of the Judicature is complied with, and it may issue regulatory acts within its jurisdiction, or recommend measures; II – ensure that article 37 is complied with, and examine, ex-officio or upon request, the legality of administrative acts carried out by members or bodies of the Judicial Branch, and it may revoke or review them, or stipulate a deadline for the adoption of the necessary measures to achieve due execution of the law, without prejudice to the powers of the Federal Audit Court; miolo_constitution_versao_camara.indd 85 17/6/2010 15:01:03 Constitution of the Federative Republic of Brazil 86 iii – receive and examine complaints against members or bodies of the Judicial Branch, including against its ancillary services, clerical offices, and bodies in charge of notary and registration services which operate by virtue of Government delegation or have been made official, without prejudice to the courts’ disciplinary competence and their power to correct administrative acts, and it may order that pending disciplinary proceedings be forwarded to the n ational c ouncil of Justice, determine the removal, placement on paid availability, or retirement with compensation or pension in proportion to the length of service, and enforce other administrative sanctions, full defense being ensured; iv – present a formal charge to the p ublic p rosecution, in the case of crime against public administration or abuse of authority; v – review, ex-officio or upon request, disciplinary proceedings against judges and members of courts tried in the preceding twelve months; VI – prepare a twice-a-year statistical report on proceedings and judgements rendered per unit of the Federation in the various bodies of the Judicial Branch; v ii – prepare a yearly report, including the measures it deems necessary, on the state of the Judicial Branch in the Country and on the Council’s activities, which report must be an integral part of a message to be forwarded by the ch ief Justice of the su preme fe deral co urt to the na tional co ngress upon the opening of the legislative session. pa ragraph 5. th e Justice of the su perior co urt of Justice shall occupy the position of co rregidor-Justice, in charge of internal affairs, and he shall be excluded from the assignment of proceedings in said co urt, the following duties being incumbent upon him, in addition to those that may be conferred upon him by the Statute of the Judicature: i – to receive complaints and accusations from any interested party regarding judges and judiciary services; ii – to exercise executive functions of the c ouncil concerning inspection and general correction; III – to requisition and appoint judges, charging them with specific duties, and to requisition court employees, including in the s tates, the f ederal d istrict, and the territories. pa ragraph 6. th e at torney General of the re public and the ch airman of the Federal Board of the Brazilian Bar Association shall be competent to petition before the c ouncil. Paragraph 7. The Union shall establish Justice ombudsman’s offices, including in the f ederal d istrict and in the territories, with powers to receive complaints and accusations from any interested party against members or bodies of the Judicial b ranch, or against their ancillary services, thus presenting formal charges directly to the n ational c ouncil of Justice. se C tion iii t he s uperior c ourt of Justice a rticle 104. t he s uperior c ourt of Justice is composed of a minimum of thirty- three Justices. ( ca n o. 45, 2004) miolo_constitution_versao_camara.indd 86 17/6/2010 15:01:03 The Organization of the Powers 87 Sole paragraph. t he Justices of the s uperior c ourt 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; i i – one-third, in equal parts, shall be chosen from among lawyers and members of the f ederal p ublic p rosecution, the p ublic p rosecution of the states, the p ublic p rosecution of the f ederal d istrict and the territories, alternately, nominated under the terms of article 94. a rticle 105. The Superior Court of Justice has the competence to: (CA No. 23, 1999; CA No. 45, 2004) I – institute legal proceeding and trial, in the first instance, of: a) in common crimes, the Governors of the states and of the f ederal d istrict, and, in such crimes and in crimes of malversation, the judges of the Courts of Justice of the states and of the fe deral di strict, the members of the au dit co urts of the states and of the fe deral di strict, those of the fe deral re gional co urts, of the re gional el ectoral and l abour c ourts, the members of a udit c ouncils or c ourts of the municipalities and the members of the Public Prosecution of the Union who act before courts; b) writs of mandamus and habeas data against an act of a Minister of s tate, of the Commanders of the Navy, the Army, and 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 court subject to its jurisdiction, 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 actions to overrule its final judgements; 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, with the exception of the cases within the competence of the s upreme f ederal c ourt and of the bodies of the Military Justice, of the e lectoral Justice, of the l abour Justice and of the Federal Justice; i) the homologation of foreign court decisions and the granting of exequatur to letters rogatory; miolo_constitution_versao_camara.indd 87 17/6/2010 15:01:03 Constitution of the Federative Republic of Brazil 88 II – judge, on ordinary appeal: a) habeas corpus decided in a sole or last instance by the f ederal r egional co urts or by the courts of the states, of the fe deral di strict and the Territories, in the event of a denial; b) writs of mandamus decided in a sole instance by the fe deral re gional co urts or by the courts of the states, of the f ederal d istrict 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 f ederal r egional c ourts or by the courts of the states, of the f ederal d istrict 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 challenged 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 operate in conjunction with the Superior Court of Justice: i – the n ational s chool for the e ducation and f urther d evelopment of Judges, which shall be in charge, among other duties, of regulating the official courses for admission into and promotion in the career; ii – the c ouncil of f ederal Justice, which shall, under the terms of the law, exercise administrative and budgetary supervision over the Federal Courts of first and second instances, in the quality of the main body of the system, having powers to correct administrative acts, and whose decisions shall have a binding nature. se C tion i V t he f ederal r egional c ourts and the f ederal Judges a rticle 106. The following are the bodies of Federal Justice: I – the Federal Regional Courts; ii – the f ederal Judges. a rticle 107. t he f ederal r egional c ourts 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: (CA No. 45, 2004) I – one-fifth shall be chosen from among lawyers effectively practicing their professional activity for more than ten years and from among members of the f ederal Public Prosecution, with over ten years of service; miolo_constitution_versao_camara.indd 88 17/6/2010 15:01:03 The Organization of the Powers 89 II – the others, by means of promotion of federal judges with over five years in office, for seniority and merit, alternately. 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. T he Federal Regional Courts shall install an itinerant justice system, carrying out hearings and other functions typical of the operation of justice, within the territorial limits of the respective jurisdiction, and making use of public and community facilities. Paragraph 3. The Federal Regional Courts may operate in a decentralized mode, by creating regional Divisions, with a view to affording claimants full access to justice in all stages of the judicial action. a rticle 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 la bour co urts, in common crimes and crimes of malversation, and the members of the p ublic p rosecution of the u nion, except for the competence of the Electoral Courts; b) criminal reviews of and actions to overrule their final judgements or those of the federal judges of the region; c) writs of mandamus and habeas data against an act of the c ourt 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. a rticle 109. The federal judges have the competence to institute legal proceeding and trial of: (CA No. 45, 2004) i – cases in which the u nion, 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 u nion and a foreign State or international organization; i v – political crimes and criminal offenses committed against the assets, services or an interest of the un ion or of its autonomous agencies or public companies, excluding misdemeanours and excepting the competence of the Military and el ectoral Courts; miolo_constitution_versao_camara.indd 89 17/6/2010 15:01:03 Constitution of the Federative Republic of Brazil 90 v – crimes covered by an international treaty or convention, when, the prosecution having started in the country, the result has taken place or should have taken place abroad, or conversely; V-A – cases regarding human rights referred to in paragraph 5 of this article; VI – crimes against the organization of labour and, in the cases determined by law, those against the financial system and the economic and financial order; vii – 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; v iii – writs of mandamus and habeas data against an act of a federal authority, except for the cases within the competence of the federal courts; i X – crimes committed aboard ships or aircrafts, excepting the competence of the Military Courts; X – crimes or irregular entry or stay of a foreigner, execution of letters rogatory, after exequatur, and of foreign court decisions, after homologation, cases related to nationality, including the respective option, and to naturalization; X i – disputes over the rights of i ndians. p aragraph 1. c ases in which the u nion 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 plaintiff is domiciled, or where the act or fact giving rise to the suit occurred or where the item is located, or further, in the f ederal d istrict. p aragraph 3. c ases 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 cases to be also processed and judged by the state courts. pa ragraph 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. i n cases of serious human rights violations, and with a view to ensuring compliance with obligations deriving from international human rights treaties to which Brazil is a party, the Attorney-General of the Republic may request, before the s uperior c ourt of Justice, and in the course of any of the stages of the inquiry or judicial action, that jurisdiction on the matter be taken to Federal Justice. a rticle 110. Each state, as well as the Federal District, shall be a judicial section, 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. miolo_constitution_versao_camara.indd 90 17/6/2010 15:01:03 The Organization of the Powers 91 seCtion V l abour c ourts and Judges a rticle 111. The following are the bodies of Labour Justice: (CA No. 24, 1999; ca n o. 45, 2004) I – the Superior Labour Court; II – the Regional Labour Courts; iii – l abour Judges. Paragraph 1. (Revoked). Paragraph 2. (Revoked). Paragraph 3. (Revoked). ar ticle 111- a. th e su perior la bour co urt 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: (CA No. 45, 2004) I – one-fifth from among lawyers effectively practicing their professional activity for more than ten years and from among members of the la bour pu blic pr osecution with over ten years of effective exercise, with due regard for the provisions of article 94; II – the others, from among career judges of the Regional Labour Courts, nominated by the s uperior l abour c ourt. Paragraph 1. T he law shall make provisions for the powers of the Superior Labour c ourt. Paragraph 2. T he following shall operate in conjunction with the Superior Labour Court: i – the n ational s chool for the e ducation and f urther d evelopment of l abour Judges, which shall have the duty, among others, to regulate the official courses for admission into and promotion in the career; ii – the h igher c ouncil of l abour Justice, which shall, under the terms of the law, exercise administrative, budgetary, financial, and property supervision over Labour Courts of first and second instances, in the quality of central body of the system, whose decisions shall have a binding effect. a rticle 112. The law shall establish Labour Courts of first instance, allowing, in districts not covered by their jurisdiction, for the attribution of such jurisdiction to judges, appeals being admissible to the respective Regional Labour Court. (CA No. 45, 2004) ar ticle 113. T he law shall regulate the constitution, installation, jurisdiction, powers, guarantees, and conditions of exercise of the bodies of l abour Justice. ( ca n o. 24, 1999) a rticle 114. Labour Justice has the power to hear and try: (CA No. 20, 1998; CA n o. 45, 2004) miolo_constitution_versao_camara.indd 91 17/6/2010 15:01:03 Constitution of the Federative Republic of Brazil 92 I – judicial actions arising from labour relations, comprising entities of public international law and of the direct and indirect public administration of the u nion, the states, the Federal District, and the municipalities; II – judicial actions involving the exercise of the right to strike; III – judicial actions regarding union representation, when the opposing parties are trade unions, or trade unions and workers, or trade unions and employers; iv – writs of mandamus, habeas corpus, and habeas data, when the action being challenged involves matter under the jurisdiction of Labour Justice; V – conflicts of powers between bodies having jurisdiction over labour issues, except as provided under article 102, i , o; VI – judicial actions arising from labour relations which seek compensation for moral or property damages; VII – judicial actions regarding administrative penalties imposed upon employers by the bodies charged with supervising labour relations; viii – ex-officio enforcement of the welfare contributions set forth in article 195, i , a, and II, and their legal raises, arising from the judgments it pronounces; i X – other disagreements arising from labour relations, under the terms of the law. p aragraph 1. i f collective negotiations are unsuccessful, the parties may elect arbitrators. p aragraph 2. i f any of the parties refuses collective negotiation or arbitration, they may file a collective labour suit of an economic nature, by mutual agreement, and Labour Courts may settle the conflict, respecting the minimum legal provisions for the protection of labour, as well as any provisions previously agreed upon. Paragraph 3. In the event of a strike in an essential activity which may possibly injure the public interest, the Labour Public Prosecution may file a collective labour suit, and it is incumbent upon Labour Courts to settle the conflict. a rticle 115. t he r egional l abour c ourts are composed of a minimum of seven judges, selected, whenever possible, in the respective region and appointed by the President of the Republic from among Brazilians over thirty and under sixty-five years of age, as follows: (CA No. 45, 2004) I – one-fifth shall be chosen from among lawyers effectively practicing their professional activity for more than ten years and from among members of the l abour p ublic p rosecution with over ten years of effective service, with due regard for the provisions of article 94; II – the others, by means of promotion of labour judges for seniority and merit, alternately. Paragraph 1. T he Regional Labour Courts shall install an itinerant justice system, carrying out hearings and other functions typical of the operation of justice, within the territorial limits of the respective jurisdiction, and making use of public and community facilities. miolo_constitution_versao_camara.indd 92 17/6/2010 15:01:03 The Organization of the Powers 93 Paragraph 2. The Regional Labour Courts may operate in a decentralized mode, by creating regional Divisions, with a view to affording claimants full access to justice in all stages of the judicial action. a rticle 116. In the Labour Courts of first instance, jurisdiction shall be exercised by a single judge. (CA No. 24, 1999) Sole paragraph. (Revoked). a rticle 117. (Revoked). (CA No. 24, 1999) se C tion V i e lectoral c ourts and Judges a rticle 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 e lectoral b oards. a rticle 119. t he s uperior e lectoral c ourt 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 s upreme f ederal c ourt. Sole paragraph. t he s uperior e lectoral c ourt shall elect its p resident and vice- p resident from among the Justices of the s upreme f ederal c ourt, and its e lectoral c orregidor from among the Justices of the s uperior c ourt of Justice. a rticle 120. t here shall be a r egional e lectoral c ourt in the capital of each state and in the f ederal d istrict. 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. miolo_constitution_versao_camara.indd 93 17/6/2010 15:01:03 Constitution of the Federative Republic of Brazil 94 paragraph 2. the r egional e lectoral c ourt shall elect its p resident and vice- President from among its judges. ar ticle 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. p aragraph 3. t he decisions of the s uperior e lectoral c ourt are unappealable, save those which are contrary to this c onstitution and those denying habeas corpus or writs of mandamus. p aragraph 4. d ecisions of the r egional e lectoral c ourts may only be appealed against when: i – they are rendered against an express provision of this c onstitution 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. se C tion V ii Military c ourts and Judges a rticle 122. The following are the bodies of Military Justice: I – the Superior Military Court; ii – the Military c ourts and Judges instituted by law. a rticle 123. The Superior Military Court shall be composed of fifteen life Justices, appointed by the p resident of the r epublic, 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. T he civil justices shall be chosen by the President of the Republic from among Brazilians over thirty-five years of age, as follows: miolo_constitution_versao_camara.indd 94 17/6/2010 15:01:04 The Organization of the Powers 95 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 p ublic p rosecution of the Military Justice. ar ticle 124. th e Military co urts 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 c ourts. se C tion V iii c ourts and Judges of the s tates ar ticle 125. T he states shall organize their judicial system, observing the principles established in this c onstitution. ( ca n o. 45, 2004) 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. pa ragraph 2. th e states have the competence to institute actions of unconstitutionality of state or municipal laws or normative acts in the light of the co nstitution of the state, it being forbidden to attribute legitimation to act to a sole body. pa ragraph 3. by proposal of the co urt of Justice, a state law may create the State Military Justice, constituted, at first instance, by judges and by the Councils of Justice and, at second instance, by the c ourt of Justice itself, or by the c ourt of Military Justice in those states in which the military troops count more than twenty thousand members. pa ragraph 4. th e st ate Military Justice has the competence to institute legal proceeding and trial of the military of the states for military crimes defined in law, as well as to hear and try judicial actions against military disciplinary measures, with due regard for the competence of the jury when the victim is a civilian, and the competent court shall decide upon the loss of post or rank of officers and of the grade of servicemen. Paragraph 5. The judges of the military justice system have the competence, in the quality of single-judge courts, to institute legal proceeding and trial of military crimes committed against civilians and to hear and try judicial actions against military disciplinary measures, and it is incumbent upon the c ouncil of Justice, presided over by a judge, to institute legal proceeding and trial of other military crimes. Paragraph 6. T he Court of Justice may operate in a decentralized mode, by creating regional Divisions, with a view to affording claimants full access to justice in all stages of the judicial action. Paragraph 7. T he Court of Justice shall install an itinerant justice system, carrying out hearings and other functions typical of the operation of justice, within the territorial limits of the respective jurisdiction, and making use of public and community facilities. miolo_constitution_versao_camara.indd 95 17/6/2010 15:01:04 Constitution of the Federative Republic of Brazil 96