Article 6 of the Constitution of Brazil

Provisions Act is hereby revoked. b rasília, d ecember 19, 2003. THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Deputy João Paulo Cunha, p resident – d eputy Inocêncio Oliveira, f irst vice-p resident – d eputy Luiz Piauhylino , se cond vi ce-pr esident – de puty Geddel Vieira Lima , fi rst se cretary – d eputy Severino Cavalcanti, s econd s ecretary – d eputy Nilton Capixaba, t hird s ecretary – d eputy Ciro Nogueira, f ourth s ecretary. THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator José Sarney, p resident – s enator Paulo Paim, f irst vice- p resident – s enator Eduardo Siqueira Campos, s econd vice- p resident – s enator Romeu Tuma, f irst s ecretary – s enator Alberto Silva , se cond se cretary – se nator Heráclito Fortes , th ird se cretary – se nator Sérgio Zambiasi, f ourth s ecretary. p ublished in the Official Journal , d ecember 31, 2003. miolo_constitution_versao_camara.indd 324 17/6/2010 15:01:15 Constitutional Amendments 325 Constitutional amen D ment n o. 43, 2004 Alters article 42 of the Temporary Constitutional Provisions Act, extending, for 10 (ten) years, application by the Union of minimum percentages of the total amount of funds intended for irrigation in the Center-West and Northeast Regions. t he d irecting b oards of the c hamber of d eputies and of the f ederal s enate, under the terms of paragraph 3 of article 60, of the f ederal c onstitution, promulgate the following Amendment to the constitutional text: ar ticle 1. th e head paragraph of article 42 of the te mporary co nstitutional Provisions Act shall henceforth be in force with the following wording: “ar ticle 42. of the funds intended for irrigation, during a period of 25 (twenty-five) years, the Union shall apply: ................................................................................................ ” a rticle 2. t his c onstitutional a mendment shall come into force on the date of its publication. b rasília, a pril 15, 2004. THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Deputy João Paulo Cunha, p resident – d eputy Inocêncio Oliveira, f irst vice-p resident – d eputy Luiz Piauhylino , se cond vi ce-pr esident – de puty Geddel Vieira Lima , fi rst se cretary – de puty Nilton Capixaba , th ird se cretary – de puty Ciro Nogueira , f ourth s ecretary. THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator José Sarney, p resident – s enator Paulo Paim, f irst vice- p resident – s enator Eduardo Siqueira Campos, s econd vice- p resident – s enator Romeu Tuma, f irst s ecretary – s enator Alberto Silva , se cond se cretary – se nator Heráclito Fortes , th ird se cretary – se nator Sérgio Zambiasi, f ourth s ecretary. p ublished in the Official Journal , a pril 16, 2004. miolo_constitution_versao_camara.indd 325 17/6/2010 15:01:15 Constitution of the Federative Republic of Brazil 326 Constitutional amen D ment n o. 44, 2004 Alters the National Tax System and makes further provisions. t he d irecting b oards of the c hamber of d eputies and of the f ederal s enate, under the terms of paragraph 3 of article 60 of the f ederal c onstitution, promulgate the following Amendment to the constitutional text: ar ticle 1. it em i ii of article 159 of the co nstitution shall henceforth be in force with the following wording: “ a rticle 159. ............................................................................ .................................................................................................. iii – of the proceeds from the collection of the contribution for intervention in the economic domain set forth in article 177, paragraph 4, twenty-nine per cent to the st ates and to the fe deral d istrict, distributed in accordance with the law, with due regard for the allocation referred to in item ii , c, of said paragraph. ................................................................................................ ” a rticle 2. t his c onstitutional a mendment shall come into force on the date of its publication. b rasília, June 30, 2004. the dir ECTING BOARD OF THE CHAMBER OF DEPUTIES: Deputy João Paulo Cunha, p resident – d eputy Inocêncio Oliveira, f irst vice-p resident – d eputy Luiz Piauhylino , se cond vi ce-pr esident – de puty Geddel Vieira Lima , fi rst se cretary – d eputy Severino Cavalcanti, s econd s ecretary – d eputy Nilton Capixaba, t hird s ecretary – d eputy Ciro Nogueira, f ourth s ecretary. the d irectin G BOARD OF THE FEDERAL SENATE: Senator José Sarney, p resident – s enator Paulo Paim, f irst vice- p resident – s enator Eduardo Siqueira Campos, s econd vice- p resident – s enator Romeu Tuma, f irst s ecretary – s enator Alberto Silva , se cond se cretary – se nator Heráclito Fortes , th ird se cretary – se nator Sérgio Zambiasi, f ourth s ecretary. p ublished in the Official Journal , July 1, 2004. miolo_constitution_versao_camara.indd 326 17/6/2010 15:01:15 Constitutional Amendments 327 Constitutional amen D ment n o. 45, 2004 Alters provisions of articles 5, 36, 52, 92, 93, 95, 98, 99, 102, 103, 104, 105, 107, 109, 111, 112, 114, 115, 125, 126, 127, 128, 129, 134, and 168 of the Federal Constitution, and adds articles 103-A, 103-B, 111-A, and 130-A, and makes further provisions. t he d irecting b oards of the c hamber of d eputies and of the f ederal s enate, under the terms of paragraph 3 of article 60, of the f ederal c onstitution, promulgate the following Amendment to the constitutional text: a rticle 1. Articles 5, 36, 52, 92, 93, 95, 98, 99, 102, 103, 104, 105, 107, 109, 111, 112, 114, 115, 125, 126, 127, 128, 129, 134, and 168 of the Federal Constitution shall henceforth read as follows: “ a rticle 5. ................................................................................ .................................................................................................. l XX viii – a reasonable length of proceedings and the means to guarantee their expeditious consideration are ensured to everyone, both in the judicial and administrative spheres. .................................................................................................. pa ragraph 3. in ternational human rights treaties and conventions which are approved in each h ouse of the n ational c ongress, in two rounds of voting, by three fifths of the votes of the respective members shall be equivalent to constitutional amendments. Paragraph 4. Brazil accepts the jurisdiction of an International cr iminal co urt to whose creation it has expressed its adhesion.” “ a rticle 36. .............................................................................. .................................................................................................. iii – on the granting of a petition from the a ttorney-General of the re public by the su preme fe deral co urt, in the case of article 34, vii , and in the case of refusal to enforce a federal law. IV – (Revoked). ................................................................................................ ”“ a rticle 52. .............................................................................. .................................................................................................. ii – to effect the legal proceeding and trial of the Justices of the s upreme f ederal c ourt, the members of the n ational c ouncil miolo_constitution_versao_camara.indd 327 17/6/2010 15:01:15 Constitution of the Federative Republic of Brazil 328 of Justice and of the na tional co uncil of the pu blic pr osecution, the at torney-General of the re public, and the ad vocate-General of the Union for crimes of malversation; ................................................................................................ ”“ a rticle 92. .............................................................................. ..................................................................................................I-A – the National Council of Justice; .................................................................................................. pa ragraph 1. th e su preme fe deral co urt, the na tional co uncil of Justice, and the s uperior c ourts have their seat in the f ederal c apital. pa ragraph 2. th e su preme fe deral co urt and the su perior co urts have their jurisdiction over the entire Brazilian territory.”“ a rticle 93. .............................................................................. 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, at least three years of legal practice being required of holders of a B.A. in law, and obeying the order of classification for appointments; ii – ........................................................................................... c ) appraisal of merit according to performance and to the objective criteria of productivity and promptness 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 vote of two-thirds of its members, according to a specific procedure, full defense being ensured, the voting being repeated until the selection is concluded; e) promotion shall not be granted to a judge who unjustifiably withholds case records beyond the legal deadline, and he may not return them to the court archives without providing the necessary disposition thereof or decision thereon; iii – access to the courts of second instance shall obey seniority and merit, alternately, as determined at the last or single level; IV – provision of official courses for preparation, improvement, and promotion of judges, while the participation in an official course or in a course recognized by a national school for the miolo_constitution_versao_camara.indd 328 17/6/2010 15:01:15 Constitutional Amendments 329 education and further development of judges shall constitute a mandatory stage of the tenure acquisition process; ..................................................................................................VII – a permanent judge shall reside in the respective judicial district, except when otherwise authorized by the court; v iii – 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 n ational c ouncil of Justice, full defense being ensured; VIII-A – the removal upon request or the exchange of judges of same-level judicial districts shall obey, insofar as pertinent, the provisions of subitems a, b, c, and e of item II; IX – all judgements of the bodies of the Judicial Power shall be public, and all decisions shall be justified, under penalty of nullity, but the law may limit attendance, in given acts, to the interested parties and to their lawyers, or only to the latter, whenever preservation of the right to privacy of the party interested in confidentiality will not harm the right of the public interest to information; X – administrative decisions of courts shall be supported by a recital and shall be made in open 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 delegated administrative and jurisdictional duties which are under the powers of the full court, half of the positions being filled according to seniority and the other half through election by the full court; X i i – courts will operate continuously, without interruption, collective vacation being forbidden for first instance judges and courts of second instance, and there must be judges on duty at all times on days in which courts are closed; XIII – the number of judges in each court shall be proportional to the effective judicial demand and to the respective population; X i v – court employees will receive delegation to carry out administrative acts and acts aimed at the mere disposition of matters, without a decisional nature; XV – proceedings will be assigned immediately upon filing, at all levels of jurisdiction.” “ a rticle 95. .............................................................................. miolo_constitution_versao_camara.indd 329 17/6/2010 15:01:15 Constitution of the Federative Republic of Brazil 330 Sole paragraph. Judges are forbidden to: .................................................................................................. IV – receive, on any account or for any reason, financial aid or contribution from individuals, and from public or private institutions, save for the exceptions set forth in law; v – practice law in the court or tribunal on which they served as judges, for a period of three years following their retirement or discharge.” “ a rticle 98. .............................................................................. .................................................................................................. p aragraph 1. (former sole paragraph) .................................... pa ragraph 2. J udicial costs and fees shall be assigned exclusively to fund services related to activities which are specific of Justice.” “ a rticle 99. .............................................................................. .................................................................................................. pa ragraph 3. if 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 ex ecutive po wer 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. pa ragraph 4. if the budget proposals referred to in this article and thus forwarded do not obey the limits stipulated under paragraph 1, the Executive Power 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 stipulated in the law of budgetary directives, except when previously authorized, by opening supplementary or special credits.” “ a rticle 102. ............................................................................ .................................................................................................. i – ............................................................................................ h) (revoked);..................................................................................................r) lawsuits against the n ational c ouncil of Justice and against the National Council of the Public Prosecution; .................................................................................................. miolo_constitution_versao_camara.indd 330 17/6/2010 15:01:15 Constitutional Amendments 331 iii – .......................................................................................... d) considers valid a local law challenged in the light of a federal law. .................................................................................................. pa ragraph 2. fi nal decisions on merits, pronounced by the s upreme f ederal c ourt, 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. p aragraph 3. i n 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. th e following may file direct actions of unconstitutionality and declaratory actions of constitutionality: .................................................................................................. iv – the d irecting b oard of a s tate l egislative a ssembly or of the Federal District Legislative Chamber;V – a State Governor or the Federal District Governor; ..................................................................................................Paragraph 4. (Revoked).” “ a rticle 104. ............................................................................ ..................................................................................................Sole paragraph. t he Justices of the s uperior c ourt of Justice shall be appointed by the pr esident of the re public, 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: ................................................................................................ ”“ a rticle 105. ............................................................................ .................................................................................................. i – ............................................................................................ i) the homologation of foreign court decisions and the granting of exequatur to letters rogatory;.................................................................................................. miolo_constitution_versao_camara.indd 331 17/6/2010 15:01:15 Constitution of the Federative Republic of Brazil 332 iii – .......................................................................................... b) considers valid an act of a local government challenged in the light of a federal law; ..................................................................................................Sole paragraph. T he following shall operate in conjunction with the Superior Court of Justice: i – the na tional sc hool for the ed ucation and fu rther 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.” “Article 107. ............................................................................ p aragraph 1. (former sole paragraph) .................................... pa ragraph 2. th e fe deral re gional co urts 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. p aragraph 3. t he f ederal r egional c ourts 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 109. ............................................................................ .................................................................................................. v- a . cases regarding human rights referred to in paragraph 5 of this article; .................................................................................................. p aragraph 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 at torney-General of the re public 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 111. ............................................................................ Paragraph 1. (Revoked). miolo_constitution_versao_camara.indd 332 17/6/2010 15:01:16 Constitutional Amendments 333 Paragraph 2. (Revoked). Paragraph 3. (Revoked).” “Article 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 r egional l abour c ourt.” “Article 114. Labour Justice has the power to hear and try: I – judicial actions arising from labour relations, comprising entities of public international law and of the direct and indirect public administration of the un ion, the states, the fe deral 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; i v – 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. ........................................................................... 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 la bour co urts 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.” miolo_constitution_versao_camara.indd 333 17/6/2010 15:01:16 Constitution of the Federative Republic of Brazil 334 “article 115. the 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 pr esident of the re public 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 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. pa ragraph 1. th e re gional la bour co urts 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. pa ragraph 2. th e re gional la bour co urts 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 125. ............................................................................ 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. p aragraph 4. t he s tate 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 d ivisions, with a view to affording miolo_constitution_versao_camara.indd 334 17/6/2010 15:01:16 Constitutional Amendments 335 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.” “Article 126. For the settlement of conflicts relating to land property, the co urt of Justice shall propose the creation of specialized single-judge courts, with exclusive competence for agrarian matters. ................................................................................................ ”“Article 127. ............................................................................ .................................................................................................. pa ragraph 4. if the pu blic pr osecution does not forward its respective budget proposal 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 3. pa ragraph 5. if the budget proposal referred to in this article and thus forwarded does not obey the limits stipulated under paragraph 3, the ex ecutive po wer shall effect the necessary adjustments with a view to engrossing the annual budget proposal. Paragraph 6. 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 stipulated in the law of budgetary directives, except when previously authorized, by opening supplementary or special credits.” “ a rticle 128. ............................................................................ .................................................................................................. p aragraph 5. ........................................................................... i – ............................................................................................ b) irremovability, save for reason of public interest, through decision of the competent collegiate body of the pu blic Prosecution, by the vote of the absolute majority of its members, full defense being ensured; .................................................................................................. ii – ........................................................................................... e) engaging in political or party activities; miolo_constitution_versao_camara.indd 335 17/6/2010 15:01:16 Constitution of the Federative Republic of Brazil 336 f) receiving, on any account or for any reason, financial aid or contribution from individuals, and from public or private institutions, save for the exceptions set forth in law. p aragraph 6. t he provisions of article 95, sole paragraph, v, shall apply to the members of p ublic p rosecution.” “ a rticle 129. ............................................................................ p aragraph 2. t he functions of p ublic p rosecution may only be exercised by career members, who must reside in the judicial district of their respective assignment, save when otherwise authorized by the head of the institution. p aragraph 3. a dmission into the career of p ublic p rosecution 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, at least three years of legal practice being required of holders of a b . a . in law, and observing, for appointment, the order of classification. pa ragraph 4. th e provisions of article 93 shall apply to the p ublic p rosecution, where appropriate. pa ragraph 5. in the pu blic pr osecution, proceedings will be assigned immediately upon filing.” “ a rticle 134. ............................................................................ p aragraph 1. (former sole paragraph) .................................... p aragraph 2. t he p ublic l egal d efense of each state shall be ensured of functional and administrative autonomy, as well as the prerogative to present its budget proposal within the limits set forth in the law of budgetary directives and in due compliance with the provisions of article 99, paragraph 2.” “ ar ticle 168. fu nds corresponding to budgetary allocations, including supplementary and special credits, intended for the bodies of the l egislative and Judicial p owers, the p ublic p rosecution, and the p ublic l egal d efense, shall be remitted to them on or before the twentieth of each month, in twelfths, as provided by the supplementary law referred to in article 165, paragraph 9.” a rticle 2. t he f ederal c onstitution shall henceforth include the following articles 103-A, 103-B, 111-A, and 130-A: “ar ticle 103- a. th e fe deral su preme co urt 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 miolo_constitution_versao_camara.indd 336 17/6/2010 15:01:16 Constitutional Amendments 337 the lower bodies of the Judicial po wer 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. 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. An 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 co urt 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.” “ a rticle 103- b . t he n ational c ouncil of Justice is composed of fifteen members over thirty-five and under sixty-six years of age, appointed for a two-year term of office, one reappointment being permitted, as follows: i – a Justice of the s upreme f ederal c ourt, nominated by said Court; ii – a Justice of the s uperior c ourt of Justice, nominated by said Court; iii – a Justice of the s uperior l abour c ourt, 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; miolo_constitution_versao_camara.indd 337 17/6/2010 15:01:16 Constitution of the Federative Republic of Brazil 338 Xi – a member of a state p ublic p rosecution, chosen by the at torney-General of the re public from among the names indicated by the competent body of each state institution; Xi i – two lawyers, nominated by the fe deral bo ard of the Brazilian Bar Association;XIII – two citizens of notable juridical learning and spotless reputation, one of whom nominated by the ch amber of de puties and the other one by the f ederal s enate. p aragraph 1. t he c ouncil shall be presided over by the Justice of the s upreme f ederal c ourt, who shall vote in the event of tied voting, and he shall be excluded from the assignment of proceedings in said c ourt. pa ragraph 2. th e members of the co uncil 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. 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 s tatute of the Judicature may confer upon it: i – ensure that the Judicial br anch is autonomous and that the st atute 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 b ranch, 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; i ii – receive and examine complaints against members or bodies of the Judicial br anch, 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 na tional co uncil 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; miolo_constitution_versao_camara.indd 338 17/6/2010 15:01:16 Constitutional Amendments 339 iv – present a formal charge to the pu blic pr osecution, 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; v i – 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; vii – prepare a yearly report, including the measures it deems necessary, on the state of the Judicial b ranch in the c ountry 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 f ederal c ourt to the n ational c ongress 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 c orregidor-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 Chairman 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 Federal District and in the Territories, with powers to receive complaints and accusations from any interested party against members or bodies of the Judicial br anch, or against their ancillary services, thus presenting formal charges directly to the n ational c ouncil of Justice.” “ a rticle 111- a . t he s uperior l abour c ourt 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 from among lawyers effectively practicing their professional activity for more than ten years and from among miolo_constitution_versao_camara.indd 339 17/6/2010 15:01:16 Constitution of the Federative Republic of Brazil 340 members of the l abour p ublic p rosecution 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 c ourts, nominated by the s uperior l abour c ourt. Paragraph 1. The law shall make provisions for the powers of the s uperior l abour c ourt. Paragraph 2. The following shall operate in conjunction with the Superior Labour Court: i – the na tional sc hool for the ed ucation and fu rther de velopment of la bour Judges, which shall have the duty, among others, to regulate the official courses for admission into and promotion in the career; i i – the hi gher co uncil of la bour 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.” “ ar ticle 130- a. th e na tional co uncil of the pu blic pr osecution is composed of fourteen members appointed by the p resident of the r epublic, after their nomination has been approved by the absolute majority of the Federal Senate, for a two-year term of office, one reappointment being permitted, as follows: i – the at torney-General of the re public, who chairs the Council; i i – four members of the pu blic pr osecution of the un ion, representing each one of its careers; III – three members of the Public Prosecution of the States;IV – two judges, one of whom nominated by the Supreme Federal Court and the other one by the Superior Court of Justice; v – two lawyers, nominated by the fe deral bo ard of the Brazilian Bar Association; VI – two citizens of notable juridical learning and spotless reputation, one of whom nominated by the ch amber of de puties and the other one by the f ederal s enate. p aragraph 1. t he members of the c ouncil who are members of the p ublic p rosecution shall be nominated by their respective bodies, under the terms of the law. p aragraph 2. i t is incumbent upon the n ational c ouncil of the Public Prosecution to control the administrative and financial operation of the p ublic p rosecution and the proper discharge of official duties by its members, and it shall: miolo_constitution_versao_camara.indd 340 17/6/2010 15:01:16 Constitutional Amendments 341 i – ensure that the pu blic pr osecution is autonomous in its operation and administration, 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 pu blic pr osecution of the Union and of the States, 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 Audit Courts; i ii – receive and examine complaints against members or bodies of the p ublic p rosecution of the u nion or of the s tates, including against their ancillary services, without prejudice to such institutions’ 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 the p ublic p rosecution, 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; i v – review, ex-officio or upon request, disciplinary proceedings against members of the p ublic p rosecution of the u nion or of the States tried in the preceding twelve months; v – prepare a yearly report, including the measures it deems necessary, on the state of the p ublic p rosecution in the c ountry and on the Council’s activities, which report must be an integral part of the message referred to in article 84, X i . pa ragraph 3. th e co uncil shall, by means of secret voting, choose a national co rregidor, from among the members of the pu blic pr osecution who compose the co uncil, reappointment being forbidden, and the following duties shall be incumbent upon him, in addition to those that may be conferred upon him by law: i – to receive complaints and accusations from any interested party regarding members of the pu blic pr osecution and its ancillary services; ii – to exercise executive functions of the c ouncil concerning inspection and general correction; i ii – to requisition and appoint members of the pu blic Prosecution, delegating specific duties to such members, and to requisition employees of p ublic p rosecution bodies. pa ragraph 4. th e ch airman of the fe deral bo ard of the Brazilian Bar Association shall be competent to petition before the c ouncil. miolo_constitution_versao_camara.indd 341 17/6/2010 15:01:16 Constitution of the Federative Republic of Brazil 342 pa ragraph 5. fe deral and state legislation shall establish ombudsman’s offices for the Public Prosecution, with powers to receive complaints and accusations from any interested party against members or bodies of the p ublic p rosecution, including against their ancillary services, thus presenting formal charges directly to the n ational c ouncil of the p ublic p rosecution.” a rticle 3. t he law shall establish the f und to Guarantee the e xecution of l abour Claims, made up of fines imposed by labour and administrative judgements arising from the supervision of labour relations, in addition to other revenues. ar ticle 4. ex isting st ate co urts of ap peals are hereby abolished, and their members shall henceforth become members of the c ourts of Justice of their respective s tates, with due regard for their seniority and original class. Sole paragraph. th e co urts of Justice shall, within one hundred and eighty days as from the date this am endment is enacted, effect the integration of members of abolished courts into their own staff, by means of an administrative act, stipulating their duties and forwarding to the le gislative br anch, within the same time period, a proposal to alter the corresponding judiciary organization and division, with due regard for the rights of retirees and pensioners and for the reassignment of civil servants to the state Judicial br anch. a rticle 5. t he n ational c ouncil of Justice and the n ational c ouncil of the p ublic p rosecution shall be installed within one hundred and eighty days as from the date this a mendment is enacted, and the nomination or appointment of their members must be effected no later than thirty days before such deadline. p aragraph 1. i f the nominations and appointments for the n ational c ouncil of Justice and the n ational c ouncil of the p ublic p rosecution are not effected within the time period set forth in the head paragraph of this article, it shall be incumbent upon the s upreme f ederal c ourt and the f ederal p ublic p rosecution, respectively, to effect such nominations and appointments. p aragraph 2. u ntil such time as the s tatute of the Judicature comes into force, the n ational co uncil of Justice shall, by means of a resolution, regulate its own operation and define the duties of the Corregidor-Justice. ar ticle 6. th e hi gher co uncil of la bour Justice shall be installed within one hundred and eighty days, and it shall be incumbent upon the s uperior l abour c ourt to regulate its operation by means of a resolution, until such time as the law referred to in article 111- a , paragraph 2, ii , is promulgated. ar ticle 7. im mediately after this co nstitutional am endment is enacted, the na tional Congress shall install a joint special committee for the purpose of preparing, within one hundred and eighty days, the bills necessary to regulate the matter dealt with in this a mendment, and of effecting alterations in federal legislation with a view to expanding access to Justice and to expediting judicial services. a rticle 8. t he current summulas of the s upreme f ederal c ourt shall only have a binding effect after they are confirmed by two thirds of the members of said Court and published in the official press. miolo_constitution_versao_camara.indd 342 17/6/2010 15:01:16 Constitutional Amendments 343