# Article 6 of the Constitution of Brazil

- Jurisdiction: Brazil (BR)
- Article: 6
- Chapter (as indexed): Chapter II: – Social
- Source document: Brazil Constitution
- Canonical (HTML): https://www.portablelaw.com/provision/fcbf8d8c-32c9-45a4-9850-875de4c27c7d
- This document: https://www.portablelaw.com/provision/fcbf8d8c-32c9-45a4-9850-875de4c27c7d/md
- Constitution: https://www.portablelaw.com/countries/561c3433-2160-4ca0-8e5a-8f5e9dbd522c

## Verbatim text

````
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
````

## What this means (mechanical reading aid, not legal advice)

- The index files this text under article 6 of the Constitution of Brazil.
- The index files it under the chapter heading “Chapter II: – Social”.
- The passage runs to about 7,113 words.
- Read plainly, it mentions privacy, search and seizure — it protects privacy or limits searching a person, their home or their communications (the words used: “privacy”); it mentions freedom of expression — it protects speaking, writing, publishing or holding an opinion (the words used: “opinion”); it mentions assembly and association — it protects gathering together or joining a group, union or party (the words used: “Association”); it mentions property — it addresses property, possession, or taking property compulsorily (the words used: “property”); it mentions movement and residence — it concerns moving around, living where you choose, or leaving the country (the words used: “reside”); it mentions education — it concerns education, schooling or training (the words used: “school”).
- **Caveat:** The row’s stored title is a body fragment, not a heading (“item ii of paragraph 3 of article 84 of the temporary c onstitutional”), so it is not used as the provision’s title here.
- **Caveat:** The index gives this passage an article number but stores a body fragment where a heading would be, so the number could not be cross-checked against the text. Check it against the official Constitution before relying on it in a citation.
- **Caveat:** This index row is a very long passage rather than a single provision. Treat any single section number as unverified.

> This is a mechanical reading aid generated from the text above by matching words in it. It is not legal advice, not a lawyer’s interpretation, and not a substitute for the provision itself.

## How to cite this

Constitution of Brazil, article 6, Portable Lawyer, https://www.portablelaw.com/provision/fcbf8d8c-32c9-45a4-9850-875de4c27c7d (accessed 27 September 2026).

## Related

- [Constitution of Brazil](https://www.portablelaw.com/countries/561c3433-2160-4ca0-8e5a-8f5e9dbd522c)
- [Brazil on Portable Lawyer](https://www.portablelaw.com/countries/561c3433-2160-4ca0-8e5a-8f5e9dbd522c)
- [HTML version of this provision](https://www.portablelaw.com/provision/fcbf8d8c-32c9-45a4-9850-875de4c27c7d)
- [Machine-readable corpus digest](https://www.portablelaw.com/llms-full.txt)

---

Portable Lawyer · Article 6 of the Constitution of Brazil (chapter: “Chapter II: – Social”). 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,…