Article 19 of the Constitution of Brazil

the municipalities, of the direct administration, autonomous government entities and government foundations, who, on the date of promulgation of the c onstitution, have been in office for at least five continuous years, and who have not been admitted as established in article 37 of the Constitution, are deemed to have tenure in the public service. p aragraph 1. t he period of service of the civil servants referred to in this article shall be considered as a credential when they take a competitive examination for the purpose of acquiring tenure, as set forth by law. p aragraph 2. t he provisions of this article do not apply to the holders of trust or commission functions and jobs nor to those who are legally subject to free discharge, whose period of service shall not be computed for the purposes of the head paragraph of this article, exception being made for public servants. p aragraph 3. t he provisions of this article shall not apply to higher education professors as set forth by law. ar ticle 20. W ithin one hundred and eighty days, the rights of inactive public servants and pensioners shall be revised and the income and pensions owed to them shall be updated in order to adjust them to the provisions of the Constitution. a rticle 21. Judges vested in office for a limited period of time, who have been admitted by means of a public entrance examination of tests and presentation of academic and professional credentials and who are in office on the date this c onstitution is promulgated, shall achieve tenure with due regard for the probation period and they shall be included in a special job class to be terminated, maintaining the authority, prerogatives and restrictions of the laws to which they were subject, except for those inherent to the temporary nature of their investiture. Sole paragraph. The retirement of the judges referred to in this article shall be regulated by the rules established for other state judges. a rticle 22. Public defenders vested in office before the date of installation of the n ational c onstituent a ssembly are ensured the right to opt for the career, complying with the guarantees and prohibitions set forth in article 134, sole paragraph8, of the c onstitution. a rticle 23. u ntil such time as the regulations of article 21, X vi , of the c onstitution are issued, the present holders of the office of federal censor shall continue to exercise functions compatible with such office in the Federal Police Department, with due regard for the constitutional provisions. Sole paragraph. su ch law shall provide for the reassignment of the fe deral c ensors as set forth in this article. a rticle 24. t he u nion, the states, the f ederal d istrict and the municipalities shall issue laws establishing criteria to make their staffs compatible with the provisions 8 should read as “paragraph 1”, by virtue of the provisions of ca no. 45/2004. miolo_constitution_versao_camara.indd 169 17/6/2010 15:01:07 Constitution of the Federative Republic of Brazil 170 of article 39 of the Constitution and with the administrative reorganization resulting therefrom, within eighteen months as from the promulgation of the c onstitution. ar ticle 25. as of one hundred and eighty days after the promulgation of the Constitution, such period being subject to extension by law, all legal provisions which confer on or delegate to an agency of the ex ecutive po wer authority assigned to the National Congress by the Constitution shall be revoked, especially those referring to: I – normative action; II – allocation or transfer of funds of any kind. pa ragraph 1. th e decree-laws pending before the na tional co ngress and not examined by it before the co nstitution is promulgated shall have their effects regulated as follows: i – if issued up to s eptember 2, 1988, they shall be examined by the n ational c ongress within one hundred and eighty days as from the date of the promulgation of the Constitution, not counting the parliamentary recess; II – if the time limit defined in the preceding item elapses without the decree- laws mentioned therein having been examined, they shall be considered rejected; III – in the cases defined in items I and II, the acts performed during the effectiveness of the respective decree-laws shall be fully valid and the na tional c ongress may, if necessary, legislate on their remaining effects. p aragraph 2. t he decree-laws issued between s eptember 3, 1988 and the date of the promulgation of the c onstitution shall be converted on such date into provisional measures, with the rules established in article 62, sole paragraph9, being applied thereto. ar ticle 26. W ithin one year of promulgation of the Constitution, the National Congress shall effect, through a joint committee, an analytical and expert examination of the acts and facts which generate the Brazilian foreign indebtedness. p aragraph 1. t he c ommittee shall have the legal authority of a parliamentary investigation committee for purposes of requisition and summons, and shall act with the assistance of the f ederal a udit c ourt. pa ragraph 2. if irregularities are found, the na tional co ngress shall propose that the ex ecutive po wer declare the act null and void and shall forward the case to the fe deral Public Prosecution, which shall take the appropriate action within sixty days. a rticle 27. t he s uperior c ourt of Justice shall be installed under the p residency of the s upreme f ederal c ourt. p aragraph 1. u ntil such time as the s uperior c ourt of Justice is installed, the Supreme Federal Court shall perform the duties and responsibilities defined in the previous constitutional order. p aragraph 2. t he initial composition of the s uperior c ourt of Justice shall be obtained: 9 Should read as “paragraphs 3 and 7”, by virtue of the provisions of CA no. 32/2001. miolo_constitution_versao_camara.indd 170 17/6/2010 15:01:07 Temporary Constitutional Provisions Act 171 I – by reassignment of Justices of the Federal Court of Appeals; i i – by appointment of the Justices required to complete the number established in the c onstitution. p aragraph 3. f or the purposes of the c onstitution, the present Justices of the f ederal c ourt of a ppeals shall be considered as belonging to the class they came from at the time of their appointment. p aragraph 4. o nce the c ourt has been installed, the retired Justices of the f ederal c ourt of a ppeals shall automatically become retired Justices of the s uperior c ourt of Justice. p aragraph 5. t he Justices referred to in paragraph 2, ii , shall be nominated in a triple list by the fe deral co urt of ap peals, with due regard for the provisions of article 104, sole paragraph, of the c onstitution. pa ragraph 6. fi ve fe deral re gional co urts of Justice are hereby created, to be installed within six months of the promulgation of the co nstitution, with the jurisdiction and seat assigned to them by the Federal Court of Appeals, taking into account the number of lawsuits and their geographical location. Paragraph 7. U ntil such time as the Federal Regional Courts of Justice are installed, the fe deral co urt of ap peals shall exercise the authority attributed to them throughout the national territory, it being incumbent upon it their installation and nomination of candidates for all initial offices by means of a triple list which may include federal judges of any region, with due regard for the provisions of paragraph 9. Paragraph 8. As from promulgation of the Constitution, it is forbidden to fill vacant offices of Justices of the Federal Court of Appeals. Paragraph 9. If there is no federal judge with the minimum period of service set forth in article 107, II, of the Constitution, the promotion may be granted to a judge with less than five years of office. Paragraph 10. It is incumbent upon the Federal Courts to judge the lawsuits filed therein until such time as the c onstitution is promulgated, and the f ederal r egional Courts as well as the Superior Court of Justice shall judge the actions to overrule the final judgements rendered until then by the Federal Courts, including those which refer to matters for which competence has been transferred to another branch of the Judicial p ower. ar ticle 28. T he federal judges referred to in article 123, paragraph 2, of the Constitution of 1967, with the wording given by the Constitutional Amendment no. 7 of 1977, shall be vested in office in courts of the judiciary section for which they were appointed or designated; if there are no vacancies, the existing courts shall be divided. Sole paragraph. f or purposes of promotion for seniority, the period of service of such judges shall be computed as from the day of their taking of office. ar ticle 29. un til such time as the supplementary laws relating to the pu blic p rosecution and to the a dvocacy-General of the u nion are approved, the f ederal Public Prosecution, the Office of the Attorney-General of the National Treasury, the miolo_constitution_versao_camara.indd 171 17/6/2010 15:01:07 Constitution of the Federative Republic of Brazil 172 legal c onsultancies of the Ministries, the p rosecution and l egal d epartments of the federal autonomous government agencies having their own representation, and the members of the Prosecution Offices of public foundation universities shall continue to conduct their activities within their respective incumbencies. p aragraph 1. t he p resident of the r epublic shall, within one hundred and twenty days, submit to the n ational c ongress a bill of supplementary law dealing with the organization and operation of the Advocacy-General of the Union. p aragraph 2. t he present p rosecutors of the r epublic may, in accordance with the supplementary law, opt irrevocably between the careers of the f ederal p ublic p rosecution and of the a dvocacy-General of the u nion. pa ragraph 3. a member of the pu blic pr osecution admitted prior to the promulgation of the co nstitution may opt for the previous regime insofar as guarantees and advantages are concerned, with due regard, as to prohibitions, for the legal status on the date of such promulgation. p aragraph 4. t he present members of the supplementary staff of the l abour and Military pu blic pr osecutions, who have acquired tenure in these functions, shall belong to the staff of the respective career. Paragraph 5. It is incumbent upon the present Office of the Attorney-General of the n ational treasury , directly or by delegation, which may be made to the s tate Public Prosecution, to represent the Union in court in lawsuits of a fiscal nature, in their respective spheres of authority, until such time as the supplementary laws set forth in this article are promulgated. a rticle 30. The legislation which creates the justiceship of the peace shall maintain the present judges of the peace until the new judges take office, ensuring them the rights and duties conferred on the latter and shall establish the date for the election provided for in article 98, ii , of this c onstitution. a rticle 31. The clerical offices of the judicial courts, as defined in law, shall be brought under state control, with due regard for the rights of the present clerks. a rticle 32. t he provisions of article 236 shall not apply to notary and registration services which have already been made official by the Government, with due regard for the rights of their servants. a rticle 33. W ith the exception of credits for alimony, the amount due by virtue of court orders for which payment is outstanding on the date of the promulgation of the Constitution, therein included remaining interests and adjustment for inflation, may be paid in legal tender, with readjustments, in equal and successive annual installments, within eight years at the most, counted from July 1, 1989, in accordance with a decision by the e xecutive p ower within one hundred and eighty days of the promulgation of the c onstitution. Sole paragraph. i n order to comply with the provisions of this article, the debtor entities may issue, each year, for the exact amount of the expenditure, public debt bonds which shall not be computed for purposes of determining the total limit of indebtedness. miolo_constitution_versao_camara.indd 172 17/6/2010 15:01:07 Temporary Constitutional Provisions Act 173