Brazil

CONSTITUTION OF BRAZIL

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«Title III Index Title V»

CHAPTER III - THE JUDICIAL POWER


SECTION I GENERAL PROVISIONS


Article 92. The following are the bodies of the Judicial Power:
I - the Supreme Federal Court;
I-A - the National Council of Justice;

Clause I-A amended by CA 45, December 8thth 2004. This Constitutional Amendment is known as the Reform of the Judiciary, and implemented profound changings in this Chapter of the Constitution. This CA was the one which altered most articles of the Constitution; nearly all articles from article 92 to article 135 were changed; a few articles were added, like 103-A and 111-A.

II - the Superior Court of Justice;
III - the Federal Regional Courts and the Federal Judges;
IV - the Labour Courts and Judges;
V - the Electoral Courts and Judges;
VI - the Military Courts and Judges;
VII - the Courts and Judges of the states, of the Federal District and of the territories.
Paragraph 1 - The Supreme Federal Court, the National Council of Justice and the Superior Courts have their seat in the Federal Capital.
Paragraph 2 - The Supreme Federal Court and the Superior Courts have jurisdiction over the entire Brazilian territory.

Paragraphs 1 and 2 amended by CA 45, December 8th 2004, to include reference to the National Council of Justice.

Article 93. A supplementary law, proposed by the Supreme Federal Court, shall provide for the Statute of the Judicature, observing the following principles:
I - admission into the career, with the initial post of substitute judge, by means of a civil service entrance examination of tests and presentation of academic and professional credentials, with the participation of the Brazilian Bar Association in all phases, it being required for the Law bachelors a minimum of three years experience in juridical activies, obeying the order of classification for appointments;

Text in purple was included by CA 45, December 8th 2004.

II - promotion from level to level, based on seniority and merit alternately, observing the following rules:
a) the promotion of a judge who has appeared in a merit list for three consecutive times or for five alternate times is mandatory;
b) merit promotion requires two years in office in the respective level and that the judge should appear in the top fifth part of the seniority list of such level, unless no one satisfying such requirements is willing to accept the vacant post;
c) appraisal of merit according to the criteria of promptness and reliability in the exercise of the jurisdictional function and according to attendance and achievement in official or recognized improvement courses.

Text in purple was included by CA 45, December 8th 2004.

d) in determining seniority, the court may only reject the judge with the longest service by the justified votes of two-thirds of its members, according to a specific procedure, ample defense being assured, the voting being repeated until the selection is determined;

Text in purple was included by CA 45, December 8th 2004.

e) there shall not be promoted the judge who, without cause, retains records longer than the time determined by law, it being forbidden to return them to the court without the proper sentence or other applicable action;

Letter e included by CA 45, December 8th 2004.

III - access to the courts of second instance shall obey seniority and merit, alternately, as determined at the last or only level;

Text in purple was included by CA 45, December 8th 2004. Original text read "or if existing, at the Court of Appeals, in the case of promotion to the Court of Justice, in accordance with item II and the candidate's class of origin"; the Court of Appeals were extinguished by this same CA.

IV - provision of official courses for preparation, improvement and promotion of judges, it being a mandatory stage of the process of vitaliciety the participation in official course or in course recognized by a national school of formation and improvement of judges;

Text in purple included by CA 45, December 8th 2004. Brazilian Judges enjoy vitaliciety, meaning that they only leave office by retirement. Before this CA, a judge would gain vitaliciety right after admission; this CA obliges judges to undertake courses to show their aptitude to the office.

V - the remuneration of the Justices of the Superior Courts shall be equal to 95% (ninety-five percent) of the monthly remuneration fixed for the Justices of the Supreme Federal Court and the remuneration of the other judges shall be fixed by law and scaled, at federal and State levels, in accordance to the respective categories of the national judiciary structure, it being forbidden a difference between one and another superior to 10% (ten percent) or inferior to 5% (five percent), or an amount superior to 95% (ninety-five percent) of the monthly remuneration of the Justices of the Superior Courts, with observance, in any case, of the provisions of arts. 37, XI, and 39, paragraph 4.

Clause V amended by CA 45, December 8th 2004. This amendment attempted to impose a limit and bring an order to the salaries of Justices and Judges. Before this CA, the Judiciary of each State had autonomy to establish their own salaries, which caused distortions like a Justice of a State Court having a salary way higher than the Justice of the Supreme Court. After this amendment, a Judge, whatever his State or court, can┤t get paid more than a Judge in a superior position. However, another problem raised: whenever the Justices of the Supreme Court have a raise, all Judges in the country also have a raise.

VI - the retirement compensation of Judges and the pensions of his dependents shall obey the provisions of article 40.

Clause V amended by CA 45, December 8th 2004.

VII - a permanent judge shall reside in the respective judicial district, excep if the court authorizes otherwise;

Text in purple added by CA 45, December 8th 2004.

VIII - the acts of removal, of placement on paid availability and of retirement of a judge, for public interest, shall be based on a decision by the vote of the absolute majority of the respective court or of the the National Council of Justice, full defense being ensured;

Text in purple added by CA 45, December 8th 2004.

IX - all judgements of the bodies of the Judicial Power shall be public, and all decisions shall be justified, under penalty of nullity, and the law may, in given acts, limit attendance to the interested parties and their lawyers, or only to the latter, provided that the preservation of the right to intimacy of the party interested in secrecy do not prejudice the public interest to the information;

Text in purple added by CA 45, December 8th 2004.

X - the administrative decisions of the courts shall be supported by a recital and in public session, and disciplinary decisions shall be taken by the vote of the absolute majority of their members;

Text in purple added by CA 45, December 8th 2004.

XI - in courts with more than twenty-five judges, a special body may be constituted, with a minimum of eleven and a maximum of twenty-five members, to exercise the administrative and jurisdictional duties delegated by the full court, one half of the members being chosen by seniority, and the other half by voting of the full court;

Text in purple added by CA 45, December 8th 2004.

XII - the jurisdictional activity shall be ininterrupt, it being forbidden colective vacations of judges and courts, it being mandatory, in days in which there is not ordinary shifts, the presence of judges in permanent duty;

Clause XII added by CA 45, December 8th 2004.

XIII - the number of judges in the jurisdictional unity shall be proportional to the effective judiciary demand and to the respective population;

Clause XII added by CA 45, December 8th 2004.

XIV - the servants shall receive delegation for the practice of acts of administration and acts withouth a decisorium nature;

Clause XII added by CA 45, December 8th 2004.

XV - the distribution of proceedings shall be immediate, in all levels of jurisdiction.

Clause XII added by CA 45, December 8th 2004.

Article 94. One-fifth of the seats of the Federal Regional Courts, of the Courts of the States, and of the Federal District and the Territories shall be occupied by members of the Public Prosecution, with over ten years of office, and by lawyers of notable juridical learning and spotless reputation, with over ten years of effective professional activity, nominated in a list of six names by the entities representing the respective classes.
Sole paragraph - Upon receiving the nominations, the court shall organize a list of three names and shall send it to the Executive Power, which shall, within the subsequent twenty days, select one of the listed names for appointment.

Article 95. Judges enjoy the following guarantees:
I - life tenure, which, at first instance, shall only be acquired after two years in office, loss of office being dependent, during this period, on deliberation of the court to which the judge is subject, and, in other cases, on a final and unappealable judicial decision;
II - irremovability, save for reason of public interest, under the terms of article 93, VIII;
III - irreducibility of pay, observing, as regards remuneration, the provisions of articles 37, X and XI, 39, paragraph 4, 150, II, 153, III, and 153, paragraph 2, I.

Text in purple included by CA 19, June 4th 1998.

Sole paragraph - Judges are forbidden to:
I - hold, even when on paid availability, another office or position, except for a teaching position;
II - receive, on any account or for any reason, court costs or participation in a lawsuit;
III - engage in political or party activities.
IV - receive, on any account or for any reason, payments or contributions from persons, public or private entities, with exception of the cases determined by law;

Clause IV included by CA 45, December 8th 2004.
V - exercize lawyer activies in the jurisdiction or court in which they had worked, before the elapsing of three years of leaving office by retirement or dismissal.

Text in purple included by CA 45, December 8th 2004. Judges enjoy life tenure, but may leave office by retirement or by spontaneous dismissal.

Article 96. It is of the exclusive competence of:
I - the courts:
a) to elect their directive bodies and to draw up their internal regulations, in compliance with the rules of proceedings and the procedural guarantees of the parties, and regulating the competence and the operation of the respective jurisdictional and administrative bodies;
b) to organize their secretariats and auxiliary services, as well as those of the tribunals connected with them, guaranteeing the exercise of the respective inspection activities;
c) to fill, under the terms of this Constitution, offices of career judges within their respective jurisdiction;
d) to propose the creation of new courts of first instance;
e) to fill, by means of a civil service entrance examination of tests, or of tests and presentation of academic and professional credentials according to the provisions of article 169, paragraph 1, the offices required for the administration of justice, except for the positions of trust as defined in law;

Because of amendments introduced by CA 19, June 4th 1998, the reference which used to be to 'sole paragraph' was changed to 'paragraph 1'.

f) to grant leave, vacations and other absences to their members and to the judges and employees who are immediately subordinated to them;
II - the Supreme Federal Court, the Superior Courts and the Courts of Justice, to propose to the respective Legislative Power, with due regard for the provisions of article 169:
a) alteration in the number of members of the lower courts;
b) creation and extinction of offices and establishment of pay for the auxiliary services and for the courts connected with them, as well as establishment of subsides of their members, for the judges, including those of the lower courts, if existing, for ;

Letter b changed by CA 41, December 19th 2003. Cosmetic change. The CA changed the name of the remuneration of Judges to 'subsides', and this letter was changed accordingly.

c) creation or extinction of inferior courts;
d) alteration of the judicial organization and division;
III - the Courts of Justice, to try judges of the states, of the Federal District and of the Territories, as well as members of the Public Prosecution, for common crimes and crimes of malversation, except in those cases within the competency of the Electoral Code.

Article 97. The courts may declare a law or a normative act of the Government unconstitutional only by the vote of the absolute majority of their members or of the members of the respective special body.

Article 98. The Union, in the Federal District and in the territories, and the states shall create:
I - special courts, filled by togated judges, or by togated and lay judges, with powers for conciliation, judgement and execution of civil suits of lesser complexity and criminal offenses of lower offensive potential, by oral and summary proceedings, allowing, in the cases established in law, the settlement and judgement of appeals by panels of judges of first instance;
II - remunerated justice of peace, formed by citizens elected by direct, universal and secret vote, with a term of office of four years and competence to, under the terms of the law, perform marriages, examine qualification proceedings, ex officio or in view of the presentation of a challenge, and exercise conciliatory functions, of a nonjurisdictional nature, besides others established by law.
Paragraph 1 - Federal law shall provide for the creation of special courts in the structure of the Federal Justice.
Paragraph 2 - The costs and fees shall be destined exclusively to the funding of the services related to activities specific of the Justice.

Paragraph 2 added by CA 45, December 8th 2004.

Article 99. The Judicial Power is ensured of administrative and financial autonomy.
Paragraph 1 - The courts shall prepare their budget proposals, within the limits stipulated jointly with the other Powers in the law of budgetary directives.
Paragraph 2 - The proposal shall, after hearing the other interested courts, be forwarded:
I - at the federal level, by the presidents of the Supreme Federal Court and of the Superior Courts, with the approval of the respective courts;
II - at the level of the states and of the Federal District and the territories, by the presidents of the Courts of Justice, with the approval of the respective courts.
Paragraph 3 - If the bodies mentioned in paragraph 2 do not forward the respective budgetary proposals within the time established by the law of budgetary directives, the Executive Power shall consider, for the consolidation of the annual budgetary law, the amounts authorized for the current budgetary law, adjusted in accordance with the limits set forth in the manner prescribed by the paragraph 1 of the present article.
Paragraph 4. If the budgetary proposals are forwarded in disaccordance with the limits set forth in the manner prescribed by paragraph 1, the Executive Power shall perform the necessary adjustments in order to to consolidate the annual budgetary law.
Paragraph 5. During the eecution of the budget, there shall not be realization of expenditures or assumption of commitments which exceed the limits established by the law of budgetary directives, except if previously authorized, by means of creation of special or supplementary credits.

Paragraphs 3, 4 and 5 included by CA 45, December 8th 2004. Before this CA, the Judiciary Power used to extrapolate their budgetary limits, claiming the independence between Powers, established by article 2 of the Constitution; under that situation, the Executive Power was obliged to provide supplementary funds to the Judiciary. These paragraphs are an attempt to stop that practice.



Article 100. With the exception of alimony credits, payments owed by the Federal, state or municipal treasuries, by virtue of a court decision, shall be made exclusively in chronological order of presentation of judicial requests and charged to the respective credits, it being forbidden to designate cases or persons in the budgetary appropriations and in the additional credits opened for such purpose.
Paragraph 1 - It is mandatory for the budgets of public entities to include the funds required for the payment of debts shown on the judicial requests presented until or on July 1, and the payment shall be made before the end of the following fiscal year, with the amounts being adjusted until the date of payment.

Paragraph 1 amended by CA 30, September 13th 2000. Before the CA, adjustment was made only until the date that the requests were presented.

Paragraph 2 - The budgetary allocations and the credits opened shall be assigned directly to the Judicial Power, it being within the competence of the President of the Court which rendered the decision of execution to determine payment, according to the possibilities of the deposit, and to authorize, upon petition of a creditor and exclusively in the event that his right of precedence is not respected, seizure of the amount required to satisfy the debt.

Text in purple amended by CA 30, September 13th 2000.
Paragraph 3. The provisions of the caput of the present article, relative to the issuance of judicial requests, shall not be applicable to values defined by law as of small amounts that the Treasuries of the Union, States, Federal District of municipalities are obliged to pay by virtue of judicial sentence with no appeal.

Paragraph 3 added by CA 30, September 13th 2000. The CA 37, June 12th 2002, defined as small amounts: 40 minimum wages for Federal, State and Federal District payments, and 30 minimum wages for municipality payments.
Paragraph 4. The issuance of complementary judicial request, or of supplementary judicial request of a paid value, as well as fractioning or partitioning of the due amounts, in order to have payments made on account of the provisions of paragraph 3 of present article is forbidden.

Paragraph 4 added by CA 37, June 12 2002.

Paragraph 5. The law may establish distinct amounts for the purposes of the article 3 of the present article, in accordance to the different financial capabilities of the public entities.

Paragraph 5 added by CA 37, June 12 2002. See comments to paragraph 3.
Paragraph 6. The President of the competent court who, by action or omission, delay or try to frustrate the regular liquidation of judicial requests shall incurr in liability crime.

Paragraph 6 added by CA 37, June 12 2002.

SECTION II - THE SUPREME FEDERAL COURT


Article 101. The Supreme Federal Court is composed of eleven Justices, chosen from among citizens over thirty-five and under sixty-five years of age, of notable juridical learning and spotless reputation.
Sole paragraph - The Justices of the Supreme Federal Court shall be appointed by the President of the Republic, after their nomination has been approved by the absolute majority of the Federal Senate.

Article 102. The Supreme Federal Court is responsible, essentially, for safeguarding the Constitution, and it is within its competence:
I - to institute legal proceeding and trial, in the first instance, of:
a) direct actions of unconstitutionality of a federal or state law or normative act, and declaratory actions of constitutionality of a federal law or normative act;

Text in purple added by CA 3, March 17th 1993. This CA created the declaratory actions of constitutionality.

b) in common criminal offenses, the President of the Republic, the Vice-President, the members of the National Congress, its own Justices and the Attorney-General of the Republic;
c) in common criminal offenses and crimes of malversation, the Ministers of State, except as provided in article 52, I, the Commanders of Navy, Army and Air Force and the members of the Superior Courts, those of the Federal Court of Accounts and the heads of permanent diplomatic missions;

Text in purple added by CA 23, September 2nd 1999, which created the positions of Commanders of Navy, Army and Air Force. See comments to article 84, XIII.

d) habeas corpus, when the petitioner is any one of the persons referred to in the preceding subitems; the writ of mandamus and habeas data against acts of the President of the Republic, of the Directing Boards of the Chamber of Deputies and of the Federal Senate, of the Federal Court of Accounts, of the Attorney-General of the Republic and of the Supreme Federal Court itself;
e) litigation between a foreign State or an international organization and the Union, a state, the Federal District or a territory;
f) disputes and conflicts between the Union and the states, the Union and the Federal District, or between one another, including the respective indirect administration bodies;
g) extradition requested by a foreign state;
h)

Letter h revoked by CA 45, December 8th 2003. Original text read: "homologation of foreign court decisions and the granting of exequatur to letters rogatory which may be conferred by its internal regulations upon its President;"

i) habeas corpus, when the constraining party is a Superior Court or the petitioner is a court, authority or employee whose acts are directly subject to the jurisdiction of the Supreme Federal Court, or in the case of a crime, subject to the same jurisdiction in one sole instance;

Text in purple added by CA 45, December 8th 2003.

j) criminal review of and rescissory action against its decisions;
l) claims for the preservation of its powers and guarantee of the authority of its decisions;
m) enforcement of court decisions in the cases where it has original competence, the delegation of duties to perform procedural acts being allowed;
n) a suit in which all members of the judicature are directly or indirectly involved, and a suit in which more than half of the members of the court of origin are disqualified or have a direct or indirect interest;
o) conflicts of powers between the Superior Court of Justice and any other courts, between Superior Courts, or between the latter and any other court;
p) petitions of provisional remedy in direct actions of unconstitutionality;
q) writs of injunction, when drawing up of the regulation is the responsibility of the President of the Republic, of the National Congress, of the Chamber of Deputies, of the Federal Senate, of the Directing Boards of one of these legislative houses, of the Federal Court of Accounts, of one of the Superior Courts, or of the Supreme Federal Court itself;
r) the suits filed against the National Council of Justice or against the National Council of Public Prosecution.

Text in purple added by CA 45, December 8th 2003.

II - to judge on ordinary appeal:
a) habeas corpus, writs of mandamus, habeas data and writs of injunction decided in a sole instance by the Superior Courts, in the event of a denial;
b) political crimes;
III - to judge, on extraordinary appeal, cases decided in a sole or last instance, when the decision appealed:
a) is contrary to a provision of this Constitution;
b) declares a treaty or a federal law unconstitutional;
c) considers valid a law or act of a local government contested in the light of this Constitution.
d) considers valid local law contested in the light of federal law.

Letter d added by CA 45, December 8th 2003.

Paragraph 1. A claim of non-compliance with a fundamental precept, deriving from this Constitution shall be examined by the Supreme Federal Court, under the terms of the law.

Text in purple added by CA 3, March 17th 1993. The only amendment was the introduction of a comma after the word 'precept'.

Paragraph 2 - Final decisions on judgments, pronounced by the Supreme Federal Court, in direct actions of unconstitutionality and in declaratory actions of constitutionality, shall have force against all, as well as a binding effect, as regards the other bodies of the Judicial Power, as well as direct and indirect public administration, at Federal, States and municipalities levels.

Text in purple amended by CA 45, December 8th 2004. This CA expanded the binding effect, which formerly was applicable only to declaratory actions of constitutionality.
Paragraph 3. In the extraordinary appeal the appealer shall prove the general repercussion of the constitutional issues discussed in the case, as prescribed by law, in order for the Court to examine the admission of the appeal, the refusal being permitted only by voting of two thirds of the Justices.

Paragraph 3 added by CA 45, December 8th 2004.

Article 103. The following may file an action of unconstitutionality and the declaratory actions of constitutionality:

Article 103, text in purple appended by CA 45, December 8th 2004.

I - the President of the Republic;
II - the Directing Board of the Federal Senate;
III - the Directing Board of the Chamber of Deputies;
IV - the Directing Board of a State Legislative Assembly or of the Legislative Chamber of the Federal District;

Text in purple added by CA 45, December 8th 2004.

V - a State Governor or the Governor of the Federal Distric;

Text in purple added by CA 45, December 8th 2004.

VI - the Attorney-General of the Republic;
VII - the Federal Council of the Brazilian Bar Association;
VIII - a political party represented in the National Congress;
IX - a confederation of labour unions or a professional association of a nationwide nature.
Paragraph 1 - The Attorney-General of the Republic shall be previously heard in actions of unconstitutionality and in all suits under the power of the Supreme Federal Court.
Paragraph 2 - When unconstitutionality is declared on account of lack of a measure to render a constitutional provision effective, the competent Power shall be notified for the adoption of the necessary actions and, in the case of an administrative body. to do so within thirty days.
Paragraph 3 - When the Supreme Federal Court examines the unconstitutionality in abstract of a legal provision or normative act, it shall first summon the Advocate-General of the Union, who shall defend theca impugned act or text.
Paragraph 4 -

Paragraph 4 removed by CA 45, December 8th 2004. Original text read: "A declaratory action of constitutionality may be filed by the President of the Republic, the Directing Board of the Federal Senate, the Directing Board of the Chamber of Deputies or by the Attorney-General of the Republic."

Article 103-A. The Supreme Federal Court shall have the power to, by own initiative or by provokation, by means of a decision taken by two thirds of their members, after reiterated decisions about constitutional matter, approve summary which, after publication in official gazette, shall have binding effect over the other bodies of the Judiciary Power and over the direct and indirect public administration, at federal, State and municipal levels, as well as proceed to their revision or cancelling, in the manner provided for in law.

Article 103-A entirely added by CA 45, December 8th 2004. This article established the binding effect of some of the summaries (in Portuguese, the word for summary is "s˙mula", and the term for binding summary is "s˙mula vinculante") approved by the Supreme Court. Formerly, the Court could approve summaries, which could be used by Judges to justify their sentences, but had no binding effect.
Paragragh 1. The summary shall have as subject the validity, the interpretation and the efficacy of specific norms, about which there are actual controversies between judiciary bodies or between these and the public administration which cause serious juridical unstability and relevant multiplication of suits over identical matter.
Paragraph 2. Without prejudice of the provisions of law, the approval, revision or cancelling of summary may be provoked by those parties which may propose the direct actions of unconstitutionality.

Parties which may proposed Direct Actions of Unconstitutionality: article 103.
Paragraph 3. Any administrative act or judicial decision which goes against an applicable summary or apply it in an undue manner shall be contested before the Supreme Federal Court which, considering the contestation procedent, shall nulify the administrative act or revoke the judicial decision and determine their substitution with or without the application of the summary, as the case may require.

Article 103-B. The National Council of Justice is composed by fifteen members with more than thirty-five and less than sixty-six years of age, with a term of two years, one reconduction admitted, the members being:

Article 103-B entirely added by CA 45, December 8th 2004. This article instituted the external control of the Judiciary Power; before the amendment, the conduct of a judge could only be examined by other judges.
I - one Justice from the Supreme Federal Court, appointed by the respective Court;
II - one Justice from the Superior Court of Justice, appointed by the respective Court;
III - one Justice from the Superior Labour Court, appointed by the respective Court;
IV - one Justice from a Tribunal of Justice, appointed by the Supreme Federal Court;
V - a State judge, appointed by the Supreme Federal Court;
VI - a judge from a Regional Federal Court, appointed by the Superior Court of Justice;
VII - a federal judge, appointed by the Superior Court of Justice;
VIII - a judge from a Regional Labour Court, appointed by the Superior Labour Court;
IX - a labour judge, appointed by the Superior Labour Court;
X - a member from the Federal Public Prosecution, appointed by the Attorney-General of the Republic;
XI - a member of the State Public Prosectuion, chosen by the Attorney-General of the Republic among the names appointed by the competent body of each State institution;
XII - two lawyers, appointed by the Federal Council of the Brazilian BAR Association;
XIII - two citizes, of notable juridical learning and spotless reputation, one appointed by the Chamber of Deputies and other by the Federal Senate.
Paragraph 1. The Council shall be presided over by the Justice of the Supreme Federal Court, who shall vote in case of a tie and shall be excluded from the distribution of cases in that Court.
Paragraph 2. The members of the Council shall be given office by the President of the Republic, after the appointments are approved by the absolute majority of the Federal Senate.
Paragraph 3. If in due legal time the appointments mentioned in this article are not effected, the appointments shall be made by the Supreme Federal Court.
Paragraph 4. It is incumbent to the Council the control of the administrative and financial acts of the Judiciary Power and of the fullfilment of functional duties by the Judges, including, besides other incumbences determined by the Estatute of Magistrature, the following:
I - to zeal for the autonomy of the Judiciary Power and for the observance of the Estatute of Magistrature, with powers to issue regulamentary acts, within its competence, or recommend measureses;
II - to zeal for the observance of article 37 and examine, by own initiative or by provokation, the legality of administrative acts performed by members or bodies of the Judiciary Power, with powers to desconstitute them, alter them or fix terms for the adoption of the measures necessaries to the exact obedience of law, without prejudice of the competences of the Court of Accounts of the Union;
III - to hear of and examine the complaints against members or bodies of the Judiciary Power, including those against their auxiliary services, annexes, and notarial and registering bodies which function by delegation of the public power or officialized, without prejudice of the correctional and disciplinary competences of the courts, with powers to avocate current disciplinary cases and to determine the remotion, the disponibility or the retirement with remuneration proportional to time in office as well as apply other administrative sanctions, ample defense being ensured;
IV - to report to the Public Prosecution, in cases of crimes against the public administration or authority abuse;
V - to rectify, by own initiative or by provokation, the disciplinary cases involving judges and members of courts which had been judged less than one year ago;
VII - to prepare annual report, with proposals of the measures deemed as necessaries, about the status of the Judiciary Power in the country and the activities of the Council, which shall be part of the message by the President of the Supreme Federal Court to be forwarded to the National Congress, by occasion of the opening of the legislative session.
Paragraph 5. The Justice of the Superior Court of Justice shall exercize the function of chief of internal affairs and shall be excluded from the distribution of cases in the Court, with, besides those incumbences assigned by the Estatute of the Magistrature, the following:
I - to hear of complaints and denounces, from any interested party, regarding the judges and the judiciary services;
II - to exercize executive functions of the Council, of inspection and correition in general;
III - to summon and assign magistrates, delegating them functions, and summon servants from other judiciary zones of courts, including in the States, Federal Distric and Territories;
Paragraph 6. The Attorney General of the Republic and the President of the Brazilian BAR Association shall officiate to the Council.
Paragraph 7. The Union shall create, including in the District Federal and the Territories, offices of complaints, to hear complaints and denounces from any interested parties against members or bodies of the Judiciary Power, or against their auxiliary services, reporting directly to the National Council of Justice.

Article 103-B entirely added by CA 45, December 8th 2004.

SECTION III - THE SUPERIOR COURT OF JUSTICE


Article 104. The Superior Court of Justice is composed of a minimum of thirty-three Justices.
Sole paragraph - The Justices of the Superior Court of Justice shall be appointed by the President of the Republic, chosen from among Brazilians over thirty-five and under sixty-five years of age, of notable juridical learning and spotless reputation, after the nomination has been approved by the absolute majority of the Federal Senate, as follows:

Article 104: text in purple amended by CA 45, December 8th 2004.

I - one-third shall be chosen from among judges of the Federal Regional Courts and one-third from among judges of the Courts of Justice, nominated in a list of three names prepared by the Court itself;
II - one-third, in equal parts, shall be chosen from among lawyers and members of the Federal Public Prosecution, the Public Prosecution of the states, the Public Prosecution of the Federal District and the Territories, alternately, nominated under the terms of article 94.

Article 105. The Superior Court of Justice has the competence to:
I - institute legal proceeding and trial, in the first instance, of: a) in common crimes, the Governors of the states and of the Federal District, and, in such crimes and in crimes of malversation, the judges of the Courts of Justice of the states and of the Federal District. the members of the Courts of Accounts of the states and of the Federal District, those of the Federal Regional Courts, of the Regional Electoral and Labour Courts, the members of Councils or Courts of Accounts of the municipalities and the members of the Public Prosecution of the Union who act before court;
b) writs of mandamus and habeas data against an act of a Minister of State, or Commander of the Navy, the Army or the Air Force, or of the Court itself;

text in purple added by CA 23, September 2nd 1999. See also article 84, XIII.

c) habeas corpus, when the constraining party or the petitioner is any of the persons mentioned in subitem a, or when the constraining party is a Minister of State, or Commander of the Navy, the Army or the Air Force,, except for the competence of the Electoral Courts;

text in purple added by CA 23, September 2nd 1999. See also article 84, XIII.

d) conflicts of competence between any courts, except as provided in article 102, I, o, as well as between a court and the judges not subject to it and between judges subject to different courts;
e) criminal review of and the rescissory actions against its decisions;
f) claims for the preservation of its competence and guarantee of the authority of its decisions;
g) conflicts of duties between administrative and judicial authorities of the Union, or between judicial authorities of one state and administrative authorities of another or of the Federal District, or between those of the latter and those of the Union;
h) writs of injunction, when the drawing up of a regulation is the responsibility of a federal body, entity, or authority, of the direct or indirect administration X h the exceptional of the cases within the competence of the Supreme Federal Court and of the bodies of the Military Justice, of the Electoral Justice, of the Labour Justice and of the Federal Justice.
i) the homologation of foreigner sentences and the granting of exequatur to rogatory letters;

Letter i added by CA 45, September 8th 2004.

II - judge, on ordinary appeal:
a) habeas corpus decided in a sole or last instance by the Federal Regional Courts or by the courts of the states, of the Federal District and the Territories, in the event of a denial;
b) writs of mandamus decided in a sole instance by the Federal Regional Courts or by the courts of the states, of the Federal District and the Territories, in the event of a denial;
c) cases in which the parties are a foreign state or international organization, on the one part, and a municipality or a person residing or domiciled in the country, on the other part;
III - judge, on special appeal, the cases decided, in a sole or last instance. by the Federal Regional Courts or by the courts of the states, of the Federal District and the Territories, when the decision appealed:
a) is contrary to a treaty or a federal law, or denies it effectiveness;
b) considers valid an act of a local government contested in the light of a federal law;

Letter b amended by CA 45, December 8th 2004. Original text read: "considers valid a law or act of ... "

c) confers upon a federal law an interpretation different from that which has been conferred upon it by another court.
Sole paragraph. The following shall work at the Superior Court of Justice:
I - the National School for Formation and Improvement of Magistrates with, among others, the incumbence of regulate the official courses for entering the career and obtaining promotions;
II - the Council of the Federal Justice with the incumbences of, under the terms of the law, exercise administrative and budgetary supervision over the Federal Courts of first and second instances, as central body of the system and with investigative powers, and whose decisions shall have binding efect.

Sole paragraph amended by CA 45, December 8th 2004.

SECTION IV - THE FEDERAL REGIONAL COURTS AND THE FEDERAL JUDGES


Article 106. The following are the bodies of Federal Justice:
I - the Federal Regional Courts;
II - the Federal Judges.

Article 107. The Federal Regional Courts are composed of a minimum of seven judges, selected, whenever possible, in the respective region and nominated by the President of the Republic from among Brazilians over thirty and under sixty-five years of age, as follows: I - one-fifth shall be chosen from among lawyers effectively practicing their professional act for more than ten years and from among members of the Federal Public Prosecution. with over ten years of service;
II - the others, by means of promotion of federal judges with over five years in office, for seniority and merit, alternatively.
Paragraph 1 - A law shall regulate the removal or exchange of judges of the Federal Regional Courts and shall determine their jurisdiction and seat.

Former Sole paragraph was turned into Paragraph 1 by CA 45, December 8th 2004.

Paragraph 2. The Federal Regional Courts shall install the mobile justice, with realization of hearings and other functions of the jurisdictional activity, within the territorial boundaries of the respective jurisdiction, making use of public and communitary equipments.
Paragraph 3. The Federal Regional Courts shall have the option to work in a decentralized manner, constituting regional Chambers, in order to assure full acess by the interested parties to the justice in all stages of the case.

Paragraphs 2 and 3 added by CA 45, December 8th 2004.

Article 108. The Federal Regional Courts have the competence to:
I - institute legal proceeding and trial, in the first instance, of:
a) federal judges within the area of their jurisdiction, including those of the Military and Labour Courts, in common crimes and crimes of malversation, and the members of the Public Prosecution of the Union, except for the competence of the Electoral Courts;
b) criminal reviews and the rescissory actions against their decisions or decisions of the federal judges of the region;
c) writs of mandamus and habeas data against an act of the Court itself or of a federal judge;
d) habeas corpus, when the constraining authority is a federal judge;
e) conflicts of competence between federal judges subject to the Court.
II - judge, at the level of appeal, cases decided by federal judges and by state judges in the exercise of the federal competence within the area of their jurisdiction.

Article 109. The federal judges have the competence to institute legal proceeding and trial of:
I - cases in which the Union, an autonomous government agency or a federal public company have an interest as plaintiffs, defendants, privies or interveners, with the exception of cases of bankruptcy, of job-related accidents, and of those subject to the Electoral and Labour Courts;
II - cases between a foreign state or international organization and a municipality or a person domiciled or residing in the country;
III - cases based on a treaty or a contract between the Union and a foreign State or international organization;
IV - political crimes and criminal offenses committed against the assets, services or an interest of the Union or of its autonomous agencies or public companies, excluding misdemeanours and excepting the competence of the Military and Electoral Courts;
V - crimes covered by an international treaty or convention, when, the indirect administration of the cases within the prosecution having started in the country, the result has taken place or should have taken place abroad, or conversely;
V-A - cases related to human rights mentioned by paragraph 5 of this article;

Clause V-A added by CA 45, December 8th 2004.

VI - habeas corpus, in criminal matters within their competence or when the coercion is exercised by an authority whose acts are not directly subject to another jurisdiction;
VII - writs of mandamus and habeas data against an act of a federal authority, except for the cases within the competence of the federal courts;
VIII - crimes committed aboard ships or aircrafts, excepting the competence of the Military Courts;
IX - crimes or irregular entry or stay of a foreigner, execution of letters rogatory, after exequatur, and of foreign court decisions, after homologation. eases related to nationality, including the respective option, and to naturalization;
X - disputes over the rights of Indians.
Paragraph 1 - Cases in which the Union is the plaintiff shall be instituted in the judicial section where the other party is domiciled.
Paragraph 2 - Cases brought against the Union may be instituted in the judicial section where the plaintiffs domiciled, or where the act or fact giving rise to the suit occurred or where the item is located, or further, in the Federal District.
Paragraph 3 - Cases in which the parties are a social security institution and its beneficiary shall undergo legal proceeding and trial in the state courts, in the forum of the domicile of the beneficiaries or insured participants, whenever the district is not the seat of a federal court of first instance, in which case the law may allow other eases to be also processed and judged by the state courts.
Paragraph 4 - In the event of the preceding paragraph, the appropriate appeal shall always be taken to the Federal Regional Court within the area of jurisdiction of a judge of first instance.
Paragraph 5 - In cases os serious violation of human rights, the Attorney-General of the Republic, with the purpose of assuring the fullfilment of obligations derived from international treaties on human rights of which Brazil is a signer, shall have the power to claim, before the Superior Court of Justice, at any stage of the investigations or of the trial, incident of changing of competence in favor of the Federal Justice.

Paragraph 5 added by CA 45, December 8th 2004.



Article 110. Each state, as well as the Federal District, shall be a judicial session, which shall have its seat in the respective capital, and there shall be courts of first instance located where established in law.
Sole paragraph - In the Federal Territories, the jurisdiction and duties attributed to federal judges shall be within the competence of the judges of the local justice, under the terms of the law.

SECTION V - LABOUR COURTS AND JUDGES


Article 111. The following are the bodies of Labour Justice:
I - the Superior Labour Court;
II - the Regional Labour Courts;
III - Labour Judges.

Clause III amended by CA 24, December 9th 1999. The original text read: "III - the Boards of Conciliation and Judgement." This CA changed the Labour Justice (whereas the CA 45, which would come later, changed the entire Judiciary System).
Paragraph 1.

The CA 45, December 8th 2004, revoked paragraph 2 of this article; the CA 24 had already revoked the paragraphs 1 and 3. The original paragraphs of the article read: " Paragraph 1 - The Superior Labour Court shall be composed of twenty- seven Justices, chosen from among Brazilians over thirty-five and under sixty- five years of age, appointed by the President of the Republic after approval by the Federal Senate, as follows:
I - seventeen tenured togated judges, of which eleven shall be chosen from among career labour judges, three from among lawyers and three from among members of the Labour Public Prosecution;
II - ten temporary judges, representing professional categories, with parity of representation of employees and employers.
Paragraph 2 - The Court shall forward lists of three names to the President of the Republic, observing, as regards the vacancies intended for lawyers and for members of the Public Prosecution, the provisions of article 94, and, as regards temporary judges, the result of the appointment by an electoral college composed of the boards of directors of the national confederations of workers or employers, as the case may be; the lists of three names for the filling of the offices intended for career labour judges shall be prepared by the tenured togated Justices.
Paragraph 3 - The law shall make provisions for the powers of the Superior Labour Court. "

Article 111-A. The Superior Labour Court shall be composed of twenty-seven Justices, chosen from among Brazilians over thirty-five and under sixty-five years of age, appointed by the President of the Republic after approval by the absolute majority of the Federal Senate, as follows:
I - one fifth of the members chosen from among lawyers with more than ten years of effective professional experience and members of the Labour Public Prosecution with more than ten years of effective office, with due regard to the provisions of article 94;
II - the other members chosen from among judges of the Regional Labour Courts, appointed by the Superior Labour Court.
Paragraph 1. The law shall establish the competences of the Superior Labour Court.
Paragraph 2. The following bodies shall work at the Superior Labour Court:
I - the National School of Formation and Improvement of Labour Judges, with the incumbence, among other functions, of regulating the official courses for entering the career and obtaining promotions;
II - the National Council of the Labour Justice, with the incumbence to exercize, in the manner determined by law, the administrative, budgetary, financial and assets administration of the Labour Justice in first and second instances, as central body of the system, whose decisions shall have binding effect.

Article 111-A added by CA 45, December 8th 2004.

Article 112. The law shall create jurisdictions of the Labour Justice, and in the areas not subject to a jurisdiction, it shall be assigned to a State Judge, with appeals being examined by the respective Regional Labour Court.

Article 112 amended by CA 45, December 8th 2004.

Article 113. The law shall regulate the constitution, installation, jurisdiction, powers, guarantees and conditions of exercise of the bodies of Labour Justice.

Article 113 was shortened by CA 24, December 9th 1999. The original text had the following words: ", preserving the parity of representation of workers and employers."

Article 114. It is the competence of the Labour Justice to file and to judge:

Article 114 entirely amended by CA 45, December 8th 2004.

I - cases derived from labor relationships, including entities of foreigner public nature and of direct and indirect administration of the Union, States, Federal District and municipalities;

'entities of foreigner public nature' is a reference to the employees of, e.g., embassies operating in Brazil.

II - cases relatives to the exercize of the right of strike;

III - cases of union representation, between unions, between unions and workers, and between unions and employers;

IV - writ of mandamus, habeas corpus and habeas data, when the action in question is subject to its jurisdiction;

V - the conflicts of competence between bodies with labour jurisdiction, with observance of the provisions of article 102, I, o;

VI - cases of indemnization for moral or material damage, derived from labour relationships;

VII - cases relative to administrative penalties imposed to employers by the labour relations enforcing agencies;

VIII - the execution, ex-officio, of the social contributions established by article 195, I, a, and II, and respective legal adjustments, derived from sentences issued by the labour justice;

IX - other conflicts derived from labour relationships, as established by law.

Article 114, caput and clauses I to IX amended by CA 45, December 8th 2004.

Paragraph 1. If the colective negotiation fails, the parties shall be able to opt for arbitrators.
Paragraph 2. If any of the parties refuses collective negotiation or arbitration, the parties may, by common agreement, file a collective suit of economic nature, and the Labour Justice may decide on the conflict, respecting the minimum legal provisions for protection of labour, as well as the provisions formerly convened.

Paragraph 3. In case of a strike affecting essential activity, with possibility of harm to the public interest, the Labour Public Prosecution may file a collective suit, it being incumbent to the Labour Justice to decide on the conflict.

Paragraphs 2 and 3 amended by CA 45, December 8th 2004.

Article 115. The Regional Labour Courts shall be composed of, at least, seven judges, recruited, whenever possible, in the respective region, and appointed by the President of the Republic from among Brazilians with more than thirty and less than sixty-five years of age, as follows:

I - one fifth chosen from among lawyers with more than ten years of effective professional experience and members of the Labour Public Prosecution with more than ten years of effective office, with observance of the article 94;

II - the others, by means of promotion of labour judges by seniority and merit, alternately.

Paragraph 1. The Regional Labour Courts shall install the mobile justice, with realization of hearings and other functions of the jurisdictional activity, within the territorial boundaries of the respective jurisdiction, making use of public and communitary equipments.

Paragraph 2. The Regional Labour Courts shall have the option to work in a decentralized manner, constituting regional Chambers, in order to assure full acess by the interested parties to the justice in all stages of the case.

Article 115 amended by CA 45, December 8th 2004.

Article 116. In the Labour zones, the jurisdiction shall be exercized by a singular judge.

Article 116 amended by CA 24, December 9th 1999. Original text read: "A Board of Conciliation and Judgement shall be composed of a labour judge, who shall preside over it, and of two temporary judges representing employees and employers. Sole paragraph - The temporary judges of the Boards of Conciliation and Judgement shall be appointed by the President of the Regional Labour Court, under the terms of the law, with one renomination being allowed. "

Article 117.

Article 117 revoked by CA 24, December 9th 1999. Original text read: "The term of office of the temporary judges in all instances is three years.
Sole paragraph - The temporary judges shall have substitutes."

SECTION VI - ELECTORAL COURTS AND JUDGES


Article 118. The following are the bodies of Electoral Justice:
I - the Superior Electoral Court;
II - the Regional Electoral Courts;
III - the Electoral Judges;
IV - the Electoral Boards.

Article 119. The Superior Electoral Court shall be composed of a minimum of seven members chosen:
I - through election, by secret vote:
a) three judges from among the Justices of the Supreme Federal Court;
b) two judges from among the Justices of the Superior Court of Justice;
II - through appointment by the President of the Republic, two judges from among six lawyers of notable juridical learning and good moral repute, nominated by the Supreme Federal Court.
Sole paragraph - The Superior Electoral Court shall elect its President and Vice-President from among the Justices of the Supreme Federal Court, and its Electoral Corregidor from among the Justices of the Superior Court of Justice.

Article 120. There shall be a Regional Electoral Court in the capital of each state and in the Federal District.
Paragraph 1 - The Regional Electoral Courts shall be composed:
I - through election, by secret vote:
a)of two judges chosen from among the judges of the Court of Justice;
b) of two judges chosen by the Court of Justice from among court judges;
II - of a judge of the Federal Regional Court with its seat in the capital of a state or in the Federal District, or, in the absence thereof, of a federal judge chosen in any case by the respective Federal Regional Court;
III - through appointment by the President of the Republic, of two judges nominated by the Court of Justice from among six lawyers of notable juridical learning and good moral repute.
Paragraph 2 - The Regional Electoral Court shall elect its President and Vice-President from among its judges.

Article 121. A supplementary law shall provide for the organization and competence of the electoral courts, judges and boards.
Paragraph 1 - The members of the courts, the court judges and the members of the electoral boards, while in office and insofar as applicable to them, shall enjoy full guarantees and shall be non-removable.
Paragraph 2 - The Judges of the Electoral Courts, except for a justified reason, shall serve for a minimum of two years, and never for more than two consecutive two-year periods, and their substitutes shall be chosen at the same time and through the same procedure, in equal numbers for each category.
Paragraph 3 - The decisions of the Superior Electoral Court are unappealable, save those which are contrary to this Constitution and those denying habeas corpus or writs of mandamus.
Paragraph 4 - Decisions of the Regional Electoral Courts may only be appealed against when:
I - they are rendered against an express provision of this Constitution or of a law;
II - there is a divergence in the interpretation of a law between two or more electoral courts;
III - they relate to ineligibility or issuance of certificates of electoral victory in federal or state elections;
IV - they annul certificates of electoral victory or decree the loss of federal or state elective offices;
V - they deny habeas corpus, writs of mandamus, habeas data or writs of injunction.

SECTION VII - MILITARY COURTS AND JUDGES


Article 122. The following are the bodies of Military Justice:
I - the Superior Military Court;
II - the Military Courts and Judges instituted by law.

Article 123 The Superior Military Court shall be composed of fifteen life Justices, appointed by the President of the Republic, after their nomination has been approved by the Federal Senate, three of which shall be chosen from among General officers of the Navy, four from among General officers of the Army, three from among General officers of the Air Force, all of them in active service and in the highest rank of the career, and five from among civilians.
Sole paragraph - The civil justices shall be chosen by the President of the Republic from among Brazilians over thirty-five years of age, as follows:
I - three from among lawyers of notable juridical learning and spotless conduct, with over ten years of effective professional activity;
II - two, by equal choice, from among auditor judges and members of the Public Prosecution of the Military Justice.

Article 124. The Military Courts have the competence to carry out legal proceeding and trial of the military crimes defined by law.
Sole paragraph - The law shall make provisions for the organization, operation and competence of the Military Courts. 

SECTION VIII - COURTS AND JUDGES OF THE STATES


Article 125. The states shall organize their judicial system, observing the principles established in this Constitution.
Paragraph 1 - The competence of the courts shall be defined in the Constitution of the state, and the law of judicial organization shall be the initiative of the Court of Justice.
Paragraph 2 - The states have the competence to institute actions of unconstitutionality of state or municipal laws or normative acts in the light of the Constitution of the state, it being forbidden to attribute legitimation to act to a sole body.
Paragraph 3 - By proposal of the Court of Justice, a state law may create the state Military Justice, constituted, at first instance, by the Councils of Justice and, at second instance, by the Court of Justice itself, or by the Court of Military Justice in those states in which the military effectives count more than twenty thousand members.

Paragraph 3 amended by CA 45, December 8th 2004. Original text had the expression "military police effectives". With the amend, the number of military firemen shall also be included in the count.

Paragraph 4 - The state Military Courts have the competence to institute legal proceeding and trial of militaries of the States, in cases of military crimes as defined by law, and the judiciary suits against military disciplinary acts, without prejudice of the competence of the jury when the victim is a civilian, it being incumbent to the competent court to decide on the loss of office and ranks of officials and the graduation of soldiers.

Paragraph 4 added by CA 45, December 8th 2004. Before this CA, even cases of non-military crimes used to be trialed by the corporativist military justice; for example, a soldier shoots a civilian for passional reasons and claims that his gun belonged to the military forces, so taking the suit to the military courts. After this CA, only crimes defined by law as of military nature (e.g., desertion) shall be trialed by the military justice.
Paragraph 5. It is competence of judges of the State military justice to institute legal proceedings and trial, singularly, the military crimes committed against civilians and the judicial suits against military disciplinary acts, it being incumbent to the Council of Justice, presided over by the judge, to prosecute and judge the other military crimes.
Paragraph 6. The Court of Justice shall have the option to work in a decentralized manner, constituting regional Chambers, in order to assure full acess by the interested parties to the justice in all stages of the case.
Paragraph 7. The Court of Justice shall install the mobile justice, with realization of hearings and other functions of the jurisdictional activity, within the territorial boundaries of the respective jurisdiction, making use of public and communitary equipments.

Article 125, paragraphs 4 to 7 added by CA 45, December 8th 2004.

Article 126. For the settlement of conflicts relating to land property, the Court of Justice shall propose the creation of specialized jurisdictional zones, with exclusive competence for agrarian matters.

Text in blue amended by CA 45, December 8th 2004. Original text read: "designate special level judges,"

Sole paragraph - Whenever efficient jurisdictional service requires it, the judge shall go personally to the site of the litigation.

CHAPTER IV - THE FUNCTIONS ESSENTIAL TO JUSTICE


SECTION I - THE PUBLIC PROSECUTION


Article 127. The Public Prosecution is a permanent institution, essential to the jurisdictional function of the State, and it is its duty to defend the juridical order, the democratic regime and the inalienable social and individual interests.
Paragraph 1 - Unity, indivisibility and functional independence are institutional principles of the Public Prosecution.
Paragraph 2 - The Public Prosecution is ensured of functional and administrative autonomy, and it may, observing the provisions of article 169, propose to the Legislative Power the creation and extinction of its offices and auxiliary services, filling them through a civil service entrance examination of tests or of tests and presentation of academic and professional credentials, the remuneratory policy and the plans of careers; the law shall provide for its organization and operation.

Paragraph 2: words in purple added by CA 19, June 4th 1998.

Paragraph 3 - The Public Prosecution shall prepare its budget proposal within the limits established in the law of budgetary directives.
Paragraph 4. If the Public Prosecution do not forward the respective budget proposal within the time established by the law of budgetary directives, the Executive Power shall consider, for the purpose of consolidation of the annual budget law draft, the amounts approved by the current budget law, adjusted in accordance with the limits set forth by paragraph 3.
Paragraph 5. If the budget proposal subject of this article is forwarded in disaccordance with the limits set forth by paragraph 3, the Executive Power shall proceed to the necessary adjustments for the purpose of consolidation of the annual budget law draft.
Paragraph 6. During the budgetary execution, the realization of expenditures or the assumption of obligations which exceed the limits set forth by the law of budgetary directives are prohibited, except if previously authorized, through the opening of supplementary or special budgetary credits.

Paragraphs 4, 5 and 6 added by CA 45, December 8th 2004.

Article 128. The Public Prosecution comprises: I - the Public Prosecution of the Union, which includes:
a) the Federal Public Prosecution;
b) the Labour Public Prosecution;
c) the Military Public Prosecution;
d) the Public Prosecution of the Federal District and the Territories.
II - the Public Prosecutions of the States.
Paragraph 1 - The head of the Public Prosecution of the Union is the Attorney-General of the Republic, appointed by the President of the Republic from among career members over thirty-five years of age, after his name has been approved by the absolute majority of the members of the Federal Senate, for a term of office of two years, reappointment being allowed.
Paragraph 2 - The removal of the Attorney-General of the Republic, on the initiative of the President of the Republic, shall be subject to prior authorization by the absolute majority of the Federal Senate.
Paragraph 3 - The Public Prosecutions of the stales. of the Federal District and the Territories shall prepare a list of three names from among career members, under the terms of the respective law, for the selection of their Attorney-General, who shall be appointed by the Head of the Executive Power for a term of office of two years, one reappointment being allowed.
Paragraph 4 - The Attorneys-General in the states, in the Federal District and the Territories may be removed from office by deliberation of the absolute majority of the Legislative Power, under the terms of the respective supplementary law.
Paragraph 5 - Supplementary laws of the Union and of the states, which may be proposed by the respective Attorneys-General, shall establish the organization, the duties and the statute of each Public Prosecution, observing, as regards their members:
I - the following guarantees:
a) life tenure, after two years in office, with loss of office only by a final and unappealable judicial decision;
b) irremovability, save for reason of public interest, through decision of the competent collegiate body of the Public Prosecution, by the vote of the absolute majority of its members, full defense being ensured;

Letter b, text in purple amended by CA 45, December 8th 2004. Original text read: "by two-thirds of its members".

c) irreducibility of subsides, established in the manner determined by article 39, paragraph 4, observing the provisions of articles 37, X and XI, 150, II, 153, III, 153, paragraph 2, I;

Letter c, text in purple amended by December 8th 2004.

II - the following prohibitions:
a) receiving, on any account or for any reason, fees, percentages or court costs; b) practicing the legal profession; c) participating in a commercial company, under the terms of the law;
d) exercising, even when on paid availability, any other public function, except for a teaching position;
e) engaging in political or party activities;

Letter e was shortened by December 8th 2004; the original text contained, in fine, the expression: ", save for the exceptions established in the law."

f) receive, on any account or for any reason, payments or contributions from persons, public or private entities, with exception of the cases determined by law;

Letter f included by CA 45, December 8th 2004.

Paragraph 6. The members of the Public Prosecution are subject to the provisions of article 95, sole paragraph, V.

Paragraph 6 added by CA 45, December 8th 2004.

Article 129. The following are institutional functions of the Public Prosecution:
I - to initiate, exclusively, public criminal prosecution, under the terms of the law;
II - to ensure effective respect by the Public Authorities and by the services of public relevance for the rights guaranteed in this Constitution, taking the action required to guarantee such rights;
III - to institute civil investigation and public civil suit to protect public and social property, the environment and other diffuse and collective interests;
IV - to institute action of unconstitutionality or representation for purposes of intervention by the Union or by the states, in the cases established in this Constitution;
V - to defend judicially the rights and interests of the Indian populations;
VI - to issue notifications in administrative procedures within its competence, requesting information and documents to support them, under the terms of the respective supplementary law;
VII - to exercise external control over police activities, under the terms of the supplementary law mentioned in the previous article;
VIII - to request investigatory procedures and the institution of police investigation, indicating the legal grounds of its procedural acts;
IX - to exercise other functions which may be conferred upon it, provided that they are compatible with its purpose, with judicial representation and judicial consultation for public entities being forbidden.
Paragraph 1 - Legitimation by the Public Prosecution for the civil actions set forth in this article shall not preclude those of third parties in the same cases, according to the provisions of this Constitution and af the law.
Paragraph 2 - The functions of Public Prosecution may only be exercised by career members, who must reside in the judicial district of their respective assignment, except if authorized otherwise by the chief of the institution.

Paragraph 2: text in purple appended by CA 45, Decembre 8th 2004.

Paragraph 3 - Admission into the career shall take place by means of a civil service entrance examination of tests and presentation of academic and professional credentials, ensuring participation by the Brazilian Bar Association in such examination, it being required for the Law bachelors a minimum of three years experience in juridical activies, and observing, for appointment, the order of classification.

Paragraph 3, text in purple amended by CA 45, December 8th 2004. Cf. this paragraph with article 93, I.

Paragraph 4 - The provisions of article 93, II and VI shall apply to the Public Prosecution, where appropriate.

Paragraph 4 was shortened by CA 45, December 8th 2004. Original text contained reference to "article 93, I and VI shall apply..."
Paragraph 5. The distribution of cases within the Public Prosecution shall be immediate.

Paragraph 5 added by CA 45, December 8th 2004.

Article 130. The provisions of this section concerning rights, prohibitions and form of investiture apply to the members of the Public Prosecution before the Courts of Accounts.

Article 130-A. The National Council of the Public Prosecution shall be composed of fourteen members appointed by the President of the Republic, after the names having been approved by the absolute majority of the Federal Senate, for a term of two years, admitted one reconduction, as follows:

Article 130-A added by CA 45, December 8th 2004. This CA became known as the "Reform of the Judiciary Power", and had effects also in bodies related to the Power, such as the Public Prosecution. This article 103-A created the external control of the Public Prosecution, and is the counterpart of Article 103-B, which created the National Council of the Justice.
I - the Attorney-General of the Republic, who shall preside over the the Council;
II - four members of the Public Prosecution of the Union, ensured the representation of each of their careers;
III - three members of the Public Prosecution of the States;,br> IV - two judges, one appointed by the Supreme Federal Court and one appointed by the Superior Court of Justice;
V - two lawyers, appointed by the Federal Council of the Brazilian Bar Association;
VI - two citizes, of notable juridical learning and spotless reputation, one appointed by the Chamber of Deputies and other by the Federal Senate.
Paragraph 1. The members of the Council coming from the Public Prosecution shall be appointed by the respective Public Prosecutions, in the manner determined by law.
Paragraph 2. It is competence of the National Council of the Public Prosecution the control of the administrative and financial activities of the Public Prosecution and of the fullfilment of functional duties by their members, with the following incumbences:
I - to zeal for the functional and administrative autonomy of the Public Prosecution, with powers to issue regulatory acts, within their competences, or recommend measures;
II - to zeal for the observance of article 37 and examine, by own initiative or by provokation, the legality of administrative acts practiced by members or bodies of the Public Prosecution of the Union or of the States, with powers to desconstitute them, alter them or fix terms for the adoption of the measures necessaries to the exact obedience of law, without prejudice of the competences of the Court of Accounts of the Union;
III - to hear of and examine the complaints against members or bodies of the Public Prosecution, including those against their auxiliary services, without prejudice of the correctional and disciplinary competences of the institution, with powers to avocate current disciplinary cases and to determine the remotion, the disponibility or the retirement with remuneration proportional to time in office as well as apply other administrative sanctions, ample defense being ensured;
IV - to rectify, by own initiative or by provokation, the disciplinary cases involving members of the Public Prosecution of the Union or of the States which had been judged less than one year ago;
V - prepare annual report, with proposals of the measures deemed as necessaries, about the status of the Public Prosecution in the country and the activities of the Council, which shall be part of the message mentioned in article 84, XI.
Paragraph 3. The Council shall elect, by secret vote, a national Chief of Internal Affairs, chosen from among the members of the Public Prosecution who compose the Council, forbidden the reconduction, with, besides other incumbences assigned by law, the following:
I - to hear of complaints and denounces, from any interested party, regarding the members of the Public Prosecution and their auxiliary services;
II - to exercize executive functions of the Council, of inspection and correition in general;
III - to summon and assign members of the Public Prosecution, delegating them functions, and summon servants from bodies of the Putlic Prosecution;
Paragraph 4. The President of the Brazilian BAR Association shall officiate at the Council.
Paragraph 5. Laws of the Union and the States shall create offices of complaints, to hear complaints and denounces from any interested parties against members or bodies of the Public Prosecution, or against their auxiliary services, reporting directly to the National Council of Public Prosecution.

Entire article 130-A added by CA 45, December 8th 2004.


SECTION II - THE ADVOCACY-GENERAL OF THE UNION


Article 131. The Advocacy-General of the Union is the institution which, either directly or through a subordinated agency, represents the Union judicially or extrajudicially, and it is responsible, under the terms of the supplementary law which provides for its organization and operation, for the activities of judicial consultation and assistance to the Executive Power.
Paragraph l - The Advocacy-General of the Union is headed by the Advocate-General of the Union, freely appointed by the President of the Republic from among citizens over thirty-five years of age, of notable juridical learning and spotless reputation.
Paragraph 2 - Admission into the initial classes of the careers of the institution dealt with in this article shall take place by means of a civil service entrance examination of tests and presentation of academic and professional credentials.
Paragraph 3 - In the execution of receivable taxes of a tributary nature, the Union shall be represented by the office of the Attorney-General of the Public Finances, observing the provisions of the law.

Article 132. The Prosecutors of the states and of the Federal District shall exercise judicial representation and judicial consultation for their respective federated units, organized in a career, admission into which shall depend on a civil service entrance examination of tests and presentation of academic and professional credentials with the participation of the Brazilian BAR Association in all stages, observing the provisions of article 135.

Article 132, text in purple added by CA 19, June 4th 1998.

Sole paragraph. The prosecutors subject of this article are ensured tenure after three years of effective office, by means of a performance evaluation before the proper bodies, and after detailed report by the Internal Affairs.

Sole paragraph added by CA 19, June 4th 1998.


SECTION III - THE PUBLIC ADVOCACY AND THE PUBLIC LEGAL DEFENSE


Article 133. The lawyer is indispensable to the administration of justice and is inviolable for his acts or manifestations in the exercise of his profession, within the limits of the law.

Article 134. The Public Legal Defense is an essential institution to the jurisdictional function of the State and is responsible for the judicial guidance and the defense, in all levels, of the needy, under the terms of article 5, LXXIV.
Paragraph 1 - A supplementary law shall organize the Public Legal Defense of the Union, of the Federal District and the Territories and shall prescribe general rules for its organization in the states, into career offices filled, in the initial class, by means of a civil service entrance examination of tests and presentation of academic and professional credentials, with the guarantee of irremovability being ensured to its members and the practice of advocacy beyond the institutional attributions being forbidden.

Sole paragraph was turned into paragraph 1 by CA 45, December 8th 2004.

Paragraph 2. The Public Legal Defense of the States is ensured functional and administative autonomy and initiative of budget proposal within the limits determined by the law of budgetary directives and observance of the provisions of article 99, paragraph 2.

Paragraph 2 added by CA 45, December 8th 2004.

Article 135. The servants of the careers regulated by Sections II and III of this Chapter shall be remunerated in accordance to the provisions of article 39, paragraph 4.

Article 135 amended by CA 19, June 4th 1998.



For technical reasons (the computer file is big), this Title IV was broken down in two parts.
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