Brazil 1988 Constitution (reviewed 2017) - Page 4 of 10

Table of Contents

TITLE IV. ORGANIZATION OF THE BRANCHES

CHAPTER I. THE LEGISLATIVE BRANCH

SECTION I. The National Congress

Article 44

The Legislative Branch is the National Congress, which is composed of the Chamber of Deputies and the Senate.

Sole Paragraph

Each legislative term shall last for four years.

Article 45

The Chamber of Deputies is composed of representatives of the people, elected in each State, Territory and the Federal District by a proportional system.

The total number of Deputies, as well as the representation of each State and the Federal District, shall be established by complementary law in proportion to the population. The necessary adjustments shall be made in the year prior to the elections, so that none of the units of the Federation has fewer than eight nor more than seventy Deputies.
Each territory shall elect four Deputies.

Article 46

The Federal Senate is composed of representatives of the States and the Federal District, elected by majority vote.

Each State and the Federal District shall elect three Senators for eight-year terms.
The representation of each State and the Federal District shall be renewed every four years, alternately reelecting one-third and two-thirds.
Each Senator shall be elected along with two alternates.

Article 47

Except where there is a constitutional provision to the contrary, the decisions of each Chamber and its committees shall be taken by a majority vote whenever an absolute majority of its members is present.

SECTION II. Powers of the National Congress

Article 48

The National Congress shall have the power, with the approval of the President of the Republic (not required for subjects specified in arts. 49, 51 and 52), to provide for all matters within the competence of the Union, particularly concerning:

the tax system, tax collection and income distribution;
multi-year plans, budgetary directives, annual budgets, credit transactions, public debt and issuance of legal tender;
determination and modification of the number of troops in the Armed Forces;
national, regional and sectorial development plans and programs;
national territorial boundaries, air and maritime space and property owned by the Union;
incorporation, subdivision or dismemberment of areas of Territories or States, after hearing from the respective Legislative Assemblies;
temporary transfer of the seat of the Federal Government;
granting of amnesty;
administrative and judicial organization of the Public Ministry and the Public Defender’s Office of the Union and of the Territories, and the organization of the Judiciary and the Public Ministry of the Federal District;
creation, transformation and abolition of public offices, employment and positions, observing what has been established in art. 84, VI, b;
creation and abolition of Ministries and agencies of public administration;
telecommunications and radio broadcasting;
financial matters, foreign exchange, monetary matters, financial institutions and their operations;
money, limits on currency issuance and the amount of federal indebtedness evidenced by bonds or other securities;
determination of the fixed compensation of the Ministers of the Federal Supreme Tribunal, observing what has been provided for in arts. 39, § 4°; 150, II; 153, III; and 153, § 2°, I.

Article 49

The National Congress shall have exclusive powers:

to decide definitively on international treaties, agreements or acts that result in charges or commitments encumbering the national patrimony;
to authorize the President of the Republic to declare war, make peace, permit foreign forces to pass through national territory or remain therein temporarily, with the exception of cases provided for by complementary law;
to authorize the President and the Vice-President of the Republic to leave the country for more than fifteen days;
to approve a state of defense or federal intervention, authorize a state of siege or suspend any of these measures;
to suspend normative acts of the Executive that exceed its regulatory authority or the limits of legislative delegation;
to transfer its seat temporarily;
to set identical fixed compensation for the Federal Deputies and Senators, observing the provisions of arts. 37, XI, 39, §4°, 150, II, 153, III, and 153, §2°, I;
to set the fixed compensation of the President and Vice-President of the Republic and the Ministers of the Federal Government, observing the provisions of arts. 37, XI, 39, §4°, 150, II, 153, III, and 153, §2°, I;
to review each year accounts rendered by the President of the Republic and to consider reports on the execution of plans of the Government;
to supervise and control, directly or through either of its Chambers, acts of the Executive, including those of indirect administration;
to safeguard preservation of its legislative authority in the face of rule-making powers of the other Branches;
to consider granting and renewing concessions for radio and television broadcasters;
to select two-thirds of the members of the Tribunal of Accounts of the Union;
to approve Executive initiatives referring to nuclear activities;
to authorize referenda and to call for plebiscites;
to authorize exploitation and use of water resources, prospecting and mining of mineral wealth on indigenous lands;
to give prior approval for the alienation or concession of public lands with an area greater than two thousand five hundred hectares.

Article 50

The Chamber of Deputies and the Federal Senate, or any of their Committees, may summon a Minister of the Federal Government or any chief office holder in an agency directly subordinated to the Presidency of the Republic to testify in person on a pre-determined matter. Failure to appear without adequate justification shall constitute an impeachable offense (crime de responsabilidade).

Ministers of the Federal Government may appear before the Federal Senate, the Chamber of Deputies or any of their Committees, on their own initiative and by agreement with the respective Executive Committee (Mesa), to report on matters relevant to their Ministry.
The Executive Committees of the Chamber of Deputies and the Federal Senate may send written requests for information to Ministers of the Federal Government or any person referred to in the heading of this article. Refusal or noncompliance with such request within a period of thirty days, as well as the rendering of false information, constitutes an impeachable offense.

SECTION III. Chamber of Deputies

Article 51

The Chamber of Deputies has exclusive power:

to authorize, by two-thirds of its members, institution of legal charges against the President and Vice-President of the Republic and the Ministers of the Federal Government;
to proceed to take the accounts of the President of the Republic, when they are not submitted to the National Congress within sixty days after start of the legislative session;
to draft its internal rules;
to provide for its organization; operation; police; creation, transformation or abolition of offices, jobs and positions in its services; and for initiation of laws setting their respective remuneration, observing the parameters established in the law of budgetary directives;
to elect members of the Council of the Republic, in the manner set out in art. 89, VII.

SECTION IV. The Federal Senate

Article 52

The Federal Senate has exclusive power:

to try the President and the Vice-President of the Republic for impeachable offenses, as well as Ministers of the Federal Government and the Commanders of the Navy, the Army and the Air Force for crimes of the same nature connected with them;
to try for impeachable offenses, the Ministers of the Supreme Federal Tribunal, members of the National Council of Justice and the National Council of the Public Ministry, the Procurator-General of the Republic, and the Advocate-General of the Union;
to give its prior approval, by secret ballot, after public hearing, on selection of:
1. judges, in cases established in this Constitution;
2. Ministers of the Tribunal of Accounts of the Union nominated by the President of the Republic;
3. Governors of the Territories;
4. president and directors of the Central Bank;
5. Procurator-General of the Republic;
6. holders of other offices, as determined by law;
to give its prior approval, by secret ballot, after closed hearing, on the selection of the heads of permanent diplomatic missions;
to authorize foreign financial transactions of interest to the Union, States, Federal District, Territories and Counties;
to establish, as proposed by the President of the Republic, global limits for the amount of the public debt of the Union, States, Federal District and Counties;
to provide for global limits and conditions for foreign and domestic credit transactions of the Union, States, Federal District and Counties, their autarchies and other entities controlled by the Federal Government;
to provide for limits and conditions on the concession of the Union’s guarantee of foreign and domestic credit transactions;
to establish global limits and conditions for the amount of the debt of the States, Federal District and Counties evidenced by bonds or other securities;
to suspend enforcement, in whole or in part, of laws declared unconstitutional by final decision of the Supreme Federal Tribunal;
to approve, by absolute majority and secret ballot, removal from office of the Procurator of the Republic before the end of his or her term of office;
to draft its internal rules;
to provide for its organization; operation; police; creation, transformation or abolition of offices, jobs and positions in its services; and for initiation of laws setting their respective remuneration, observing the parameters established in the law of budgetary directives;
to elect the members of the Council of the Republic pursuant to art. 89, VII.
periodically evaluate the functioning of the structure and components of the National Tax System, and the performance of the tax administrations of the Union, States, Federal District and Counties.

Sole Paragraph

In cases provided for in subparagraphs I and II, the President of the Supreme Federal Tribunal, shall preside, and a conviction, which may only be rendered by two-thirds vote of the Federal Senate, shall be limited to the loss of office, with disqualification to hold any public office for a period of eight years, without prejudice to any other judicial sanctions that may be applicable.

SECTION V. Deputies and Senators

Article 53

The Deputies and Senators shall enjoy civil and criminal immunity for any of their opinions, words and votes.

From the date of their investiture, Deputies and Senators shall be judged by the Supreme Federal Tribunal.
From the date of their investiture, members of the National Congress may not be arrested, except in flagrante delicto for a non-bailable crime. In this case, the police record shall be sent within twenty-four hours to the respective Chamber, which, by a majority vote of its members, shall decide as to imprisonment.
When an accusation has been received against a Senator or Deputy for a crime committed after investiture, the Supreme Federal Tribunal shall notify the respective Chamber, which, by initiative of a political party represented therein and by a majority vote of its members, may, until the final decision, suspend the proceedings in the case.
Upon receipt by the Executive Committee, a request for a suspension shall be acted upon by the respective Chamber during a non-extendable period of forty-five days.
A suspension shall toll the running of the limitations period for the duration of the mandate.
Deputies and Senators shall not be obliged to testify about information received or given because of exercise of their mandates, nor against those who confided in them or received information from them.
Calling of Deputies and Senators to duty in the Armed Forces, even if they are in the military and even in war time, shall depend upon the prior authorization from the respective Chamber.
Immunity of Deputies or Senators shall continue during a state of siege and may be suspended only by vote of two-thirds of the members of the respective Chamber, in cases of acts performed outside the premises of the National Congress that are incompatible with the implementation of such a measure.

Article 54

Deputies and Senators may not:

as of the date of certification of their election:
1. sign or maintain a contract with a public legal entity, autarchy, state-owned company, mixed-capital company or public utility, unless the contract follows standard clauses;
2. accept or hold a paid office, position or job, including those that may be terminated at will, in the entities set out in the preceding subparagraph;
after taking office:
1. be the owner, controller or director of a company that enjoys a privilege as a result of a contract with a public legal entity or occupy any paid position therein;
2. hold an office or position subject to termination at will in the entities referred to in subparagraph I, a;
3. sponsor a cause in which any of the entities referred to in subparagraph I, a, has an interest;
4. be the holder of more than one public elective office or mandate.

Article 55

Deputies or Senators shall lose their mandates if:

they violate any prohibition established in the preceding article;
their conduct is declared incompatible with parliamentary decorum;
they fail to attend, during each legislative term, one-third of the ordinary sessions of the Chamber to which they belong, except when on an authorized leave of absence or mission;
their political rights are lost or suspended;
whenever decreed by the Electoral Courts, in cases provided for in this Constitution;
they are criminally convicted by a judgment that has become final and non-appealable.

In addition to the cases defined in internal rules, abuse of prerogatives granted to members of the National Congress or receipt of undue benefits is incompatible with parliamentary decorum.
In the cases of subparagraphs I, II and VI, a loss of mandate shall be decided by the Chamber of Deputies or the Federal Senate, by absolute majority, on the initiative of the respective Executive Committee or political party represented in the National Congress, assuring a full defense.
In the cases provided for in subparagraphs III to V, loss of the mandate shall be declared by the Executive Committee of the respective Chamber ex officio or upon the initiative of any of its members, or of a political party represented in the National Congress, assuring a full defense.
The effects of resignation by a legislator subject to a proceeding that seeks or could result in loss of mandate, in the terms of this article, shall be suspended until the final deliberation dealt with in §§ 2° and 3°.

Article 56

Deputies or Senators shall not lose their mandates when:

invested with the office of Minister of Federal Government, Governor of a Territory, Secretary of State, Secretary of the Federal District, or Secretary of a Territory, Prefect of the Capital or head of a temporary diplomatic mission;
on leave of absence from the respective Chamber because of illness, or to pursue, without remuneration, a private matter, provided that, in the latter case, the leave does not exceed one hundred-twenty days per legislative session.

An alternate shall be called in cases of vacancy, investiture in positions provided for in this article or a leave of absence exceeding one hundred-twenty days.
If a vacancy occurs and there is no alternate, an election shall be held to fill the vacancy if more than fifteen months remain before the end of the mandate.
In the event of subparagraph I, the Deputy or Senator may opt for the remuneration of the elected office.

SECTION VI. Sessions

Article 57

The National Congress shall meet annually in the Federal Capital, from February 2nd to July 17th and from August 1st to December 22nd.

Whenever sessions scheduled for these dates fall on Saturdays, Sundays or holidays, they shall be transferred to the next business day.
A legislative session shall not be interrupted without approval of the draft law of budgetary directives.
In addition to other cases provided for in this Constitution, the Chamber of Deputies and the Federal Senate shall meet in a joint session to:
1. inaugurate the legislative session;
2. draw up common by-laws and to regulate creation of services common to both Chambers;
3. receive the oath of office of the President and Vice-President of the Republic;
4. acknowledge a veto and to deliberate about it.
Each Chamber shall meet in preparatory sessions, starting on February 1st of the first year of the legislature, for seating its members and election of its respective Executive Committee for a 2 (two)-year term, prohibiting reelection to the same position in the next election.
The President of the Senate shall preside over the Executive Committee of the National Congress, and the other positions shall be held, alternately, by the occupants of equivalent positions in the Chamber of Deputies and Federal Senate.
Extraordinary sessions of the National Congress shall be called:
1. by the President of the Senate, in the event a state of defense or federal intervention is decreed, of a request for authorization to decree a state of siege and for the President and the Vice-President of the Republic to take their oaths and offices;
2. by the President of the Republic, the Presidents of the Chamber of Deputies and Federal Senate or at the request of a majority of the members of both Chambers in the event of urgency or relevant public interest, in all cases in this subparagraph with approval by an absolute majority of each House of the National Congress.
In an extraordinary legislative session, the National Congress shall consider only matters for which it was convoked, except in the situation of § 8° of this article. Payment of a compensation for such convocation is prohibited.
If provisional measures are in force on the date of the extraordinary session of the National Congress, such measures shall automatically be included on the docket of the convocation.

SECTION VII. Committees

Article 58

The National Congress and both its Chambers shall have permanent and temporary committees, constituted in the form and with the powers provided for in the respective by-laws or in the act of their creation.

In forming the Executive Committees and each Committee, proportional representation of political parties or parliamentary groups that participate in the respective Chamber shall be assured to the extent possible.
Committees, based upon subjects over which they have competence, shall have the power to:
1. discuss and vote on bills which, in accordance with the by-laws, the authority of the entire body is unnecessary, unless an objection is made by one-tenth of the members of the Chamber;
2. hold public hearings with entities of civil society;
3. summon Ministers of the Federal Government to provide information on matters inherent to their duties;
4. receive petitions, claims, representations or complaints from any person against acts or omissions of government authorities or public entities;
5. request the deposition of any authority or citizen;
6. examine construction programs and national, regional and sectorial development plans and to issue opinions upon them.
Parliamentary investigative committees, which shall have the same investigative powers as judicial authorities, in addition to other powers set forth in the by-laws of their respective Chambers, shall be created by the Chamber of Deputies and the Federal Senate, either jointly or separately, upon the request of one-third of its members, to investigate certain facts for a determined period of time. If appropriate, their conclusions shall be forwarded to the Public Ministry to determine whether to pursue civil or criminal liability of the offenders.
During recess, the National Congress shall be represented by a Committee elected by its two Chambers at the last ordinary session of the legislative term, with powers defined in common by-laws, and whose composition shall reflect the proportional representation of the political parties to the extent possible.

SECTION VIII. The Legislative Process

Subsection I. General Provisions

Article 59

The legislative process includes preparation of:

Constitutional amendments;
complementary laws;
ordinary laws;
delegated laws;
provisional measures;
legislative decrees;
resolutions.

Sole Paragraph

Complementary law shall provide for preparation, reduction, alteration and consolidation of laws.

Subsection II. Amendments to the Constitution

Article 60

Constitutional amendments may be proposed by:

at least one-third of the members of the Chamber of Deputies or the Federal Senate;
the President of the Republic;
more than one-half of the Legislative Assemblies of units of the Federation, each manifesting its decision by a simple majority of its members.

The Constitution cannot be amended during federal intervention, state of defense or stage of siege.
A proposed amendment shall be debated and voted on in each Chamber of the National Congress, in two rounds, and shall be considered approved if it obtains three-fifths of the votes of the respective members in both rounds.
A Constitutional amendment shall be promulgated by the Executive Committees of the Chamber of Deputies and Federal Senate, taking the next sequential number.
No proposed constitutional amendment shall be considered that is aimed at abolishing the following:
1. the federalist form of the National Government;
2. direct, secret, universal and periodic suffrage;
3. separation of powers;
4. individual rights and guarantees.
The subject of a defeated or prejudiced proposed Constitutional amendment may not be made the subject of another proposed amendment in the same legislative session.

Subsection III. The Laws

Article 61

Any member or Committee of the Chamber of Deputies or Federal Senate or National Congress, the President of the Republic, the Supreme Federal Tribunal, the Superior Tribunals, the Procurator-General of the Republic and citizens, shall have the power to initiate complementary and ordinary laws, in the manner and cases provided for in this Constitution.

The President of the Republic shall have exclusive power to initiate the following laws:
1. those that fix or modify the number of troops in the Armed Forces;
2. laws that deal with:
  1. creation of public offices, positions or jobs in the direct administration and autarchies, or an increase in their remuneration;
  2. administrative and judicial organization, tax and budgetary matters, public services and administrative personnel of the Territories;
  3. civil servants of the Union and Territories, their legal regime, appointment to positions, tenure and retirement;
  4. organization of the Union’s Public Ministry and Public Defender’s Office, as well as general rules for organization of the Public Ministry and Public Defender’s Office of the States and Federal District and Territories;
  5. creation and abolition of Ministries and agencies of public administration, observing the provisions of art. 84, VI;
  6. Armed Forces military, their legal regime, appointment to positions, promotions, tenure, compensation, reform and transference to reserves.
Popular initiative may be exercised by presentation to the Chamber of Deputies of a draft law subscribed to by at least one percent of the national electorate, distributed throughout at least five States, with no less than three-tenths of one percent of the voters of each of these States.

Article 62

In relevant and urgent cases, the President of the Republic may adopt provisional measures with the force of law; such measures shall be submitted immediately to the National Congress.

Provisional measures may not be issued on matters:
1. with respect to:
  1. nationality, citizenship, political rights, political parties and electoral law;
  2. criminal law, criminal procedure and civil procedure;
  3. organization of the Judiciary and the Public Ministry, as well as the careers and guarantees of their members;
  4. multi-year plans, budgetary directives, budget and additional and supplementary credits, except as provided for in art. 167, § 3°;
2. that deal with detention or sequestration of property, popular savings or any other financial assets;
3. that are reserved for complementary law;
4. that have already been regulated in a bill approved by the National Congress which is awaiting the approval or veto of the President of the Republic.
A provisional measure that involves institution of or an increase in taxes, except as provided for in arts. 153, I, II, IV, V, and 154, II, shall only produce effects in the following fiscal year if it has been converted into law by the last day of the [fiscal year] in which it was issued.
Except as provided for in §§ 11° and 12°, provisional measures shall lose their effectiveness as of the day of their issuance if they are not converted into law within a period of sixty days, which may be extended once, in the terms of § 7°, for an equal period. It is the responsibility of the National Congress to regulate, by legislative decree, the legal relations stemming from such measures.
The period referred to in § 3° shall start to run from the publication of the provisional measure. The running of this period is tolled during the periods the National Congress is in recess.
The deliberation of each of the Houses of the National Congress on the merits of provisional measures shall depend upon a prior judgment as to their compliance with constitutional requirements.
If it has not been considered within forty-five days, counting from its publication date, the provisional measure shall enter a regime of urgency. Subsequently, in each of the Houses of the National Congress, all other legislative deliberations of the House to which it was presented should be suspended until it is finally voted upon.
The effectiveness of a provisional measure may be extended once for sixty days if, during the sixty-day period counting from its publication date, it has not been submitted to a final vote in the two Houses of the National Congress.
Provisional measures shall be voted on first in the Chamber of Deputies.
A mixed commission of Deputies and Senators shall have the duty to examine provisional measures and to issue an opinion about them, prior to their being considered, in separate sessions, by the full membership of each House of the National Congress.
Re-edition, in the same legislative session, of a provisional measure that has been rejected or that has lost its efficacy by the running of time, is forbidden.
If the legislative decree referred to in § 3° is not issued within sixty days after rejection or loss of efficacy of a provisional measure, the legal relations constituted under it or stemming from acts practiced during the time it was in effect shall remain in effect and shall be governed by these measures.
If a bill to convert or modify the original text of a provisional measure has been approved, the provisional measure shall be maintained integrally in force until the bill is signed or vetoed.

Article 63

An increase in proposed expenditures shall not be permitted:

in bills that are the exclusive initiative of the President of the Republic, except for the provisions of art. 166, §§ 3° and 4°;
in bills on the organization of administrative services of the Chamber of Deputies, Federal Senate, Federal Tribunals and the Public Ministry.

Article 64

Debates and votes on bills initiated by the President of the Republic, Supreme Federal Tribunal and Superior Tribunals shall start in the Chamber of Deputies.

The President of the Republic may request urgency in consideration of bills initiated by him.
In the case of § 1°, if the Chamber of Deputies and the Federal Senate fail to act on the bill successively within forty-five days, all other legislative deliberations shall be suspended in the respective House, with the exception of those that have a determined constitutional period, until the bill is finally voted upon.
Amendments by the Federal Senate shall be considered by the Chamber of Deputies within a period of ten days, observing, as to the rest of the bill, provisions of the preceding paragraph.
The time periods set out in § 2° shall not run when the National Congress is in recess and shall not apply to drafts of codes.

Article 65

A bill approved by one Chamber shall be reviewed by the other in a single round of discussion and voting; if the reviewing Chamber approves the bill, it shall be sent for enactment or promulgation, or if it is rejected, it shall be archived.

Sole Paragraph

If a bill is amended, it shall return to the Chamber that initiated it.

Article 66

The Chamber in which voting was concluded shall send the bill to the President of the Republic, who, if he consents, shall approve it.

If the President of the Republic deems all or part of a bill unconstitutional or contrary to the public interest, he shall veto it, either in whole or in part, within a period of fifteen business days, starting from the date he received it, and he shall advise the President of the Senate of the reasons for the veto within forty-eight hours.
A partial veto shall only apply to the full text of an article, paragraph, subparagraph or line.
After a period of fifteen days has elapsed, silence on the part of the President of the Republic shall operate as approval.
A veto shall be considered in a joint session within thirty days of receipt thereof and may only be rejected by an absolute majority of the Deputies and Senators.
If a veto is not upheld, the bill shall be sent to the President of the Republic for promulgation.
If the period established in § 4° lapses without a vote, the veto shall be placed on the order of the day for the immediate session, suspending all other propositions, until its final vote.
If the law is not promulgated by the President of the Republic within forty-eight hours in the situations set out in §§ 3° and 5°, the President of the Senate shall promulgate it, and if he does not do so within the same period, it shall be incumbent upon the Vice-President of the Senate to do so.

Article 67

The subject of a rejected bill of law may only constitute the subject of a new bill in the same legislative session if proposed by an absolute majority of the members of any of the Chambers of the National Congress.

Article 68

Delegated laws shall be drafted by the President of the Republic, who shall request delegation from the National Congress.

Acts within the exclusive power of the National Congress, those within the exclusive power of the Chamber of Deputies or Federal Senate, subjects reserved for complementary laws, and legislation on the following matters shall not be delegated:
1. organization of the Judiciary and the Public Ministry, and the careers and privileges of their members;
2. nationality, citizenship, and individual, political and electoral rights;
3. multi-year plans, budgetary directives and budgets.
Delegation to the President of the Republic shall be granted by National Congressional resolution specifying its contents and terms for its performance.
If the resolution determines that the bill shall be considered by the National Congress, it shall do so by a single vote, any amendment being prohibited.

Article 69

Complementary laws shall be approved by an absolute majority.

SECTION IX. Supervision of Accounting, Finances, and Budget

Article 70

Supervision of the accounting, finances, budgets, operations and patrimony of the Union and entities of direct and indirect administration with respect to legality, legitimacy, economy, application of subsidies and waiver of revenues shall be exercised by the National Congress, by means of external control and through the internal control system of each Branch.

Sole Paragraph

Accounts shall be rendered by any individual or legal entity, public or private, that uses, collects, keeps, manages or administers public funds, property and securities or those for which the Union is responsible, or that assumes obligations of pecuniary nature in the name of the Union.

Article 71

External control under the responsibility of the National Congress shall be exercised with the assistance of the Tribunal of Accounts of the Union, which shall have the power to:

examine the accounts rendered annually by the President of the Republic, by means of a prior opinion, which shall be prepared within sixty days of receipt thereof;
evaluate accounts of administrators and others responsible for public funds, assets, and securities of the direct and indirect administration, including foundations and companies organized and maintained by the Federal Government, as well as accounts of those causing a loss, misplacement, or other irregularity resulting in harm to the public treasury;
examine, for registration purpose, the legality of acts in hiring personnel for any position in the direct and indirect administration, including foundations organized and maintained by the government, except for appointments to commission offices, as well as granting retirements and pensions, except for subsequent improvements that do not alter the legal basis of the act of concession;
perform, on its own initiative or that of the Chamber of Deputies, the Federal Senate, a technical committee or investigative commission, inspections and audits of an accounting, financial, budgetary, operational and patrimonial nature in the administrative units of the Legislative, Executive, and Judicial Branches and other entities referred to in subparagraph II;
supervise the national accounts of supranational companies in whose capital stock the Union holds a direct or indirect interest, according to the terms established in the constitutive treaty;
supervise application of any resources transferred by the Union, under a convention, accord, arrangement or other similar instrument, to a State, the Federal District or a County;
deliver information requested by the National Congress, either of its Chambers or any of its respective committees concerning supervision of the accounting, finances, budget, operations and patrimony, and as to the results of audits and inspections made;
in cases of illegal expenses or irregular accounts, apply to those responsible, the sanctions provided for in law, which shall establish, among other penalties, fines proportional to the damages caused to the public treasury;
if illegalities are verified, establish a period for the agency or entity to take the necessary measures for strict enforcement of the law;
stay execution of a challenged act, if the challenge is not adhered to, communicating such decisions to the Chamber of Deputies and the Federal Senate;
advise the proper Branch of any determined irregularities or abuses.

In the case of a contract, the stay shall be adopted directly by the National Congress, which shall request immediately that the Executive take appropriate action.
If the National Congress or the Executive fails to take the action provided for in the preceding paragraph within ninety days, the Tribunal shall decide the matter.
Decisions of the Tribunal imposing debts or fines shall have the effect of executable judgments.
The Tribunal shall send quarterly and annual reports on its activities to the National Congress.

Article 72

If there are signs of unauthorized expenses, even in the form of non-programmed investments or non-approved subsidies, the permanent Joint Committee referred to in art. 166, § 1°, may request that the responsible government authority provide the necessary explanations within five days.

If the explanations are not provided or are considered insufficient, the Committee shall ask the Tribunal to decide the matter conclusively within a period of thirty days.
If the Tribunal deems the expense irregular and the Committee determines that it may cause irreparable damage or serious injury to the public economy, the Committee shall propose to the National Congress that the expenditure be suspended.

Article 73

The Tribunal of Accounts of the Union, composed of nine Ministers, sits in the Federal District, with its own staff and with jurisdiction throughout the entire Brazilian territory, and where appropriate, shall exercise the powers provided in art. 96.

Ministers of the Tribunal of Accounts of the Union shall be nominated from Brazilians who satisfy the following requirements:
1. more than thirty-five and less than sixty-five years of age;
2. good moral character and unblemished reputation;
3. notable understanding of law, accounting, economics and finances or public administration;
4. more than ten years of practice or actual professional activity requiring the understanding mentioned in the preceding subparagraph.
Ministers of the Tribunal of Accounts of the Union shall be chosen:
1. one-third by the President of the Republic, with the approval of the Senate, two being alternately chosen from among auditors and members of the Public Ministry assigned to the Tribunal from lists of three candidates suggested by the Tribunal, in accordance with the criteria of seniority and merit;
2. two-thirds by the National Congress.
Ministers of the Tribunal of Accounts of the Union shall have the same guarantees, prerogatives, impediments, compensation and privileges as the Ministers of the Superior Tribunal of Justice. The rules of art. 40 apply to their retirement benefits and pensions.
When substituting for a Minister, an auditor shall have the same guarantees and impediments as the holder of the office, and when exercising other judicial duties, as a judge of a Regional Federal Tribunal.

Article 74

The Legislature, Executive and Judiciary shall maintain integrated systems of internal control in order to:

evaluate attainment of targets established in the multi-year plan, implementation of governmental programs and the budgets of the Union;
determine the legality and evaluate the efficacy and efficiency of budgetary, financial and patrimonial management by agencies and entities of the federal administration, as well as application of public resources by private law entities;
exercise control over credit transactions, avals, and guarantees, as well as over the rights and property of the Union;
support external control in the performance of their institutional missions.

Upon learning of any irregularity or illegality, those responsible for internal control shall notify the Tribunal of Accounts of the Union thereof, upon penalty of being jointly liable.
Any citizen, political party, association or syndicate has standing, as provided by law, to denounce irregularities or illegalities to the Tribunal of Accounts of the Union.

Article 75

The rules established in this section shall apply, where appropriate, to the organization, composition and supervision of the Tribunals of Accounts of the States and the Federal District, as well as the Tribunals and Councils of Accounts of the Counties.

Sole Paragraph

The State Constitutions shall provide for their respective Tribunal of Accounts, which shall be staffed by seven Councilors.

CHAPTER II. THE EXECUTIVE BRANCH

SECTION I. President and Vice-President of the Republic

Article 76

The powers of the Executive are exercised by the President of the Republic, assisted by the Ministers of the Federal Government.

Article 77

The President and the Vice-President of the Republic shall be elected simultaneously on the first Sunday of October for the first round, and if there should be a second round, on the last Sunday of October of the year prior to the termination of the mandate of the current president.

Election of the President of the Republic shall signify election of his running mate as Vice-President.
Once registered by a political party, the candidate who obtains an absolute majority of votes, not counting those left blank or void, shall be deemed the President-elect.
If no candidate attains an absolute majority on the first ballot, another election shall be held within twenty days after announcement of the results between the two candidates who obtained the greatest number of votes, and the one who obtains a majority of valid votes shall be deemed elected.
If, before the runoff election is held, a candidate dies, withdraws or is legally impaired, the candidate with the greatest number of votes among the remaining candidates shall be called.
In the event of the preceding paragraphs, if more than one candidate with an equal number of votes remain in second place, the older shall qualify.

Article 78

The President and the Vice-President of the Republic shall take office at a session of the National Congress, taking an oath to maintain, defend and comply with the Constitution, observe the laws, promote the well-being of the Brazilian people, and sustain the union, integrity and independence of Brazil.

Sole Paragraph

If within ten days from the date scheduled for assuming office, the President or Vice-President, except for force majeure, has not assumed the office, it shall be declared vacant.

Article 79

The Vice-President shall replace the President in the event of impediment and shall succeed him in the event of vacancy.

Sole Paragraph

The Vice-President of the Republic, in addition to other powers conferred on him by complementary laws, shall assist the President whenever called on by him for special missions.

Article 80

In the event of impediment of the President and Vice-President, or a vacancy in the respective offices, the President of the Chamber of Deputies, President of the Federal Senate, and President of the Supreme Federal Tribunal shall be called successively to serve as President.

Article 81

If a vacancy occurs in the offices of President and Vice-President of the Republic, an election shall be held ninety days after the last vacancy occurred.

If the vacancy occurs during the last two years of the President’s term of office, the election for both offices shall be made by the National Congress within thirty days after the last vacancy occurred, as provided by law.
In any of these cases, those elected shall complete the terms of office of their predecessors.

Article 82

The mandate of the President of the Republic is four years and shall begin on January 1st of the year following his election.

Article 83

Under penalty of loss of office, the President and Vice-President of the Republic may not leave the country for a period of more than fifteen days without authorization from the National Congress.

SECTION II. Powers of the President of the Republic

Article 84

The President of the Republic has the exclusive powers to:

appoint and dismiss Ministers of the Federal Government;
exercise, with the assistance of the Ministers of the Federal Government, the upper management of the federal administration;
initiate legislation, in the manner and cases provided for in this Constitution;
approve, promulgate and order publication of laws, as well as issue decrees and regulations for their faithful execution;
veto bills, either in whole or in part;
to provide for by decree with respect to:
1. organization and functioning of the federal administration, when this does not imply an increase in expense nor the creation or abolition of public agencies;
2. the abolition of public positions or offices, when unoccupied;
maintain relations with foreign States and accredit their diplomatic representatives;
conclude international treaties, conventions and acts, subject to the approval of the National Congress;
decree a state of defense or a state of siege;
decree and enforce federal intervention;
send a governmental message and plan to the National Congress at the opening of the legislative session, describing the Country’s situation and requesting actions he deems necessary;
grant pardons and commute sentences, after hearing, if necessary, from the agencies instituted by law;
exercise supreme command over the Armed Forces, appoint the commanders of the Navy, the Army and the Air Force, promote their generals and appoint them to positions held exclusively by them;
appoint, after approval by the Federal Senate, the Ministers of the Supreme Federal Tribunal and Superior Tribunals, Governors of the Territories, Procurator-General of the Republic, president and directors of the Central Bank and other civil servants, when determined by law;
appoint, observing the provisions of art. 73, the Ministers of the Tribunal of Accounts of the Union;
appoint judges, in the cases provided for in this Constitution, and the Advocate-General of the Union;
appoint members of the Council of the Republic, according to the terms of art. 89, VII;
convoke and preside over the Council of the Republic and the National Defense Council;
declare war, in the event of foreign aggression, when authorized by the National Congress or, upon its ratification if the aggression occurs between legislative sessions, and decree full or partial national mobilization under the same conditions;
make peace, if authorized by or upon ratification by the National Congress;
confer decorations and honorary awards;
permit, in cases provided for by complementary law, foreign forces to pass through Brazilian territory or to remain therein temporarily;
submit to the National Congress the multi-year plan, the draft of the law of budgetary directives and the budget proposals provided for in this Constitution;
render annual accounts to the National Congress concerning the previous fiscal year, within sixty days of the opening of the legislative session;
fill and abolish federal government offices, in accordance with the law;
issue provisional measures with the force of law in the terms of art. 62;
exercise other powers provided for in this Constitution.

Sole Paragraph

The President of the Republic may delegate the powers mentioned in subparagraphs VI, XII and XXV, first part, to the Ministers of the Federal Government, the Procurator-General of the Republic or the Advocate-General of the Union, who shall observe the limitations set forth in the respective delegations.

SECTION III. Liability of the President of the Republic

Article 85

Acts of the President of the Republic that are attempts against the Federal Constitution are impeachable offenses, especially those against the:

existence of the Union;
free exercise of the powers of the Legislature, Judiciary, Public Ministry and constitutional powers of the units of the Federation;
exercise of political, individual and social rights;
internal security of the Country;
probity in administration;
the budget law;
compliance with the laws and court decisions.

Sole Paragraph

These offenses shall be defined in a special law, which shall establish rules of procedure and trial.

Article 86

If two-thirds of the Chamber of Deputies accept an accusation against the President of the Republic, he shall be tried before the Supreme Federal Tribunal for common criminal offenses or before the Federal Senate for impeachable offenses.

The President shall be suspended from his duties:
1. in common criminal offenses, if the accusation or criminal complaint is received by the Supreme Federal Tribunal;
2. in impeachable offenses, after proceedings are instituted by the Federal Senate.
If, after a period of one hundred eighty days, the trial has not been concluded, the President’s suspension shall end, without prejudice to normal progress of the proceedings.
The President of the Republic shall not be subject to arrest for common offenses until after a judgment of criminal conviction.
During his term of office, the President of the Republic may not be held liable for acts unrelated to the performance of his duties.

SECTION IV. The Ministers of the Federal Government

Article 87

Ministers of the Federal Government shall be chosen from among Brazilians older than twenty-one and in full possession of their political rights.

Sole Paragraph

A Minister of the Federal Government, in addition to other powers set out in this Constitution and in law, shall have the power to:

orient, coordinate and supervise agencies and entities of the federal administration in the area of his authority and to countersign acts and decrees signed by the President of the Republic;
issue instructions for the enforcement of laws, decrees and regulations;
submit an annual report on his administration of the Ministry to the President of the Republic;
perform acts pertinent to the powers granted or delegated to him by the President of the Republic.

Article 88

The law shall provide for the creation and abolition of Ministries and agencies of public administration.

SECTION V. Council of the Republic and the National Defense Council

Subsection I. Council of the Republic

Article 89

The Council of the Republic is the higher consultative body for the President of the Republic and in which the following participate:

the Vice-President of the Republic;
the President of the Chamber of Deputies;
the President of the Federal Senate;
the majority and the minority leaders of the Chamber of Deputies;
the majority and minority leaders of the Federal Senate;
the Minister of Justice;
six Brazilians who are citizens by birth and over the age of thirty-five, two of whom are appointed by the President of the Republic, two elected by the Federal Senate, and two elected by the Chamber of Deputies, all for a non-renewable three-year term.

Article 90

The Council of the Republic has the authority to give its opinion on:

federal intervention, state of defense and state of siege;
issues relevant to the stability of the democratic institutions.

The President of the Republic may call a Minister of the Federal Government to participate in a Council meeting when the agenda includes a matter related to the respective Ministry.
The organization and operation of the Council of the Republic shall be regulated by law.

Subsection II. National Defense Council

Article 91

The National Defense Council is the consultative body of the President of the Republic on matters related to national sovereignty and defense of the democratic State, and in which the following participate as original members;

the Vice-President of the Republic;
the President of the Chamber of Deputies;
the President of the Federal Senate;
the Minister of Justice;
the Minister of the State of Defense;
the Minister of Foreign Affairs;
the Minister of Planning;
the Commanders of the Navy, the Army and the Air Force.

The National Defense Council has the authority to:
1. opine in the event of declaration of war and making of peace, in accordance with this Constitution;
2. opine on decreeing a state of defense, state of siege and federal intervention;
3. propose the criteria and conditions for utilization of areas indispensable to the security of national territory and to opine on their effective use, especially for the frontier strip and those related to preservation and exploitation of natural resources of any kind;
4. study, propose and monitor development of initiatives required to guarantee national independence and defense of the democratic State.
The organization and operation of the National Defense Council shall be regulated by law.

CHAPTER III. THE JUDICIARY

SECTION I. General Provisions

Article 92

The Judiciary consists of:

the Supreme Federal Tribunal;
the National Council of Justice;
the Superior Tribunal of Justice;
the Superior Labor Tribunal;
the Federal Regional Tribunals and the Federal Judges;
the Labor Tribunals and the Labor Judges;
the Electoral Tribunals and the Electoral Judges;
the Military Tribunals and the Military Judges;
the Tribunals and Judges of the States, the Federal District and the Territories.

The Supreme Federal Tribunal, the National Council of Justice and the Superior Tribunals sit in the Federal Capital.
The Supreme Federal Tribunal and the Superior Tribunals have jurisdiction over the entire national territory.

Article 93

Complementary law, proposed by the Supreme Federal Tribunal, shall set forth the Statute of the Judicature, observing the following principles:

admission into the career, with the initial office of substitute judge, through public competitive examination and comparison of professional credentials, with the participation of the Brazilian Bar Association in all phases, requiring the basic law degree and a minimum of three years of legal activity, obeying the order of classification for appointments;
promotion from level to level, alternately based upon seniority and merit, observing the following rules:
1. promotion is mandatory for a judge who has appeared on the merit list three consecutive or five alternate times;
2. merit promotion requires two years of service at the respective level, and that the judge appear in the top fifth of the seniority list of such level, unless no one satisfying such requirements accepts the vacant post;
3. evaluation of merit according to the performance and objective criteria of productivity and efficiency in exercising jurisdiction and by frequency and approval in official courses or recognized courses for improvement;
4. in determining seniority, the Tribunal may reject the most senior judge only by a substantiated two-thirds vote of its members, according to a specific procedure, assuring a full defense, the ballot being repeated until the selection is determined;
5. judges shall not be promoted if they unjustifiably retain cases in their power beyond the legal period, and they cannot return such cases to the clerk’s office without a proper order or decision;
access to the intermediate appellate Tribunals shall be based upon seniority and merit, alternately, determined at the last level or only entrance level;
provisions for official courses for preparation, improvement and promotion of magistrates; participation in an official course or one recognized by a national school for the formation and improvement of magistrates is an obligatory step in the process of securing life tenure;
the fixed compensation of the Ministers of the Superior Tribunals shall correspond to 95 percent of the monthly fixed compensation set for the Ministers of the Supreme Federal Tribunal and the fixed compensation of the other magistrates shall be set by law and scaled, at the Federal and State levels, in conformity with the respective categories of the national judicial structure. The difference between one career category and the next may not be greater than 10 percent or less than 5 percent, nor exceed 95 percent of the monthly fixed compensation of Ministers of the Superior Tribunals, obeying, in any case, the provisions of arts. 37, XI, and 39, §4°;
retirement benefits for judges and pensions for their dependents shall observe the provisions of art. 40;
permanent judges shall reside in their respective judicial district, except with authorization of their tribunals;
the acts of removal, placement on paid leave and retirement of magistrates, in the public interest, must be based upon an absolute majority vote of the respective tribunal or of the National Council of Justice, assuring a full defense;
transfer by request or an exchange of magistrates in a district at an equal level shall comply with the provisions in subparagraphs a, b, c and e of subparagraph II, when applicable;
all judgments of judicial bodies shall be public, and all decisions shall be substantiated, under penalty of nullity; in cases in which preservation of the right of intimacy of the interested parties in secrecy does not prejudice the public interest in information, the law may limit attendance at determined occasions to only the parties themselves and their attorneys, or only to the latter;
administrative decisions of tribunals must be substantiated and [rendered] in public sessions, with disciplinary decisions adopted by an absolute majority vote of their members;
for the purpose of exercising administrative and jurisdictional powers delegated to the jurisdiction of the full court, a special body, with a minimum of eleven and a maximum of twenty-five members, may be organized in tribunals with more than twenty five judges; one-half of the positions shall be selected on the basis of seniority and the other half by election of the full court;
court functioning shall be uninterrupted, prohibiting collective vacations in the courts and second instance tribunals; on days on which there are no normal court working hours, there shall be judges on continual duty;
the number of judges in the jurisdictional unit shall be proportional to effective judicial demand and respective population;
performance of administrative and ministerial acts without decisional character shall be delegated to public employees;
cases shall be distributed immediately at all levels of jurisdiction.

Article 94

One-fifth of the seats on the Federal Regional Tribunals and the Tribunals of the States, Federal District and Territories, shall be occupied by members of the Public Ministry with over ten years of service and by lawyers of notable legal knowledge and unblemished reputations, with over ten years of actual professional activity, nominated in a list of six names by the entities that represent the respective groups.

Sole Paragraph

Upon receipt of the nominations, the Tribunal shall reduce the list to three names and send it to the Executive, who, within the next twenty days, shall select one of the listed names for appointment.

Article 95

Judges enjoy the following guarantees:

life tenure, which, for judges of the first instance, shall be acquired only after two years in office; during this period, loss of office shall be determined by the tribunal to which the judge is subject and, in other cases, by a final and unappealable judgment of a court;
non-removability, except by reason of public interest, under the terms of art. 93, VIII;
irreducibility of fixed compensation, except as provided in arts. 37, X and XII, 39, §4°, 150, II, 153, III, and 153, §2°, I.

Sole Paragraph

Judges are forbidden to:

hold, even when on paid leave from office, any other job or position, except as a teacher;
receive, for any account or any pretext, court costs or participation in any lawsuit;
engage in political or political party activities;
receive, under any title or pretext, assistance or contributions from individuals or public or private entities, except as provided by law;
to practice law for three years in the court or tribunal which they have left, starting from the date they left the position by retirement or resignation.

Article 96

The following shall have exclusive powers:

the Tribunals:
1. to elect their directive bodies and to prepare their internal rules, observing the rules of procedure and procedural guarantees of the parties, regulating the jurisdiction and operation of the respective jurisdictional and administrative bodies;
2. to organize their secretariats and auxiliary services and those of the courts subordinated to them, taking care to exercise their respective supervisory activities;
3. to fill, in the form provided for in this Constitution, positions for career judges within their respective jurisdictions;
4. to propose the creation of new first instance courts;
5. to fill, through public competitive examinations, or examinations and comparison of professional credentials, obeying the provisions of art. 169, sole paragraph, the positions necessary for the administration of justice, with the exception of positions of confidence, as defined by law;
6. to grant leave, vacations and other absences to their members and to judges and employees immediately subordinated to them;
the Supreme Federal Tribunal, Superior Tribunals and Tribunals of Justice, to propose to their respective Legislatures, observing the provisions of art. 169:
1. changes in the number of members of inferior tribunals;
2. creation and abolition of positions and remuneration of their auxiliary services and judges subordinate to them, as well as determination of the fixed compensation of their members and judges, including inferior tribunals, where they exist;
3. creation or abolition of inferior tribunals;
4. changes in judicial organization and division;
the Tribunals of Justice, to try judges of the States, Federal District and Territories, as well as members of the Public Ministry, for common crimes and impeachable offenses, with the exception of cases within the jurisdiction of the Electoral Courts.

Article 97

Tribunals may declare public laws or normative acts unconstitutional only by vote of an absolute majority of their members or members of their respective special body.

Article 98

The Union shall create in the Federal District and Territories and States shall create [within their borders]:

special courts, staffed by professional judges, or professional and lay judges, with the power to conciliate, to enter judgment and to execute with respect to civil suits of lesser complexity and minor criminal offenses. Proceedings shall be oral and very summary, permitting, in cases provided for by law, settlement and resolution of appeals by panels of judges of the first instance;
salaried justices of the peace, consisting of citizens elected by direct, universal and secret ballot, for a term of office of four years, with jurisdiction, in accordance with the law, to perform marriages, verify qualification proceedings ex officio or after challenge, and perform conciliatory functions of a non-jurisdictional nature, in addition to other functions provided by law.

Federal law shall provide for the creation of special courts in the area of Federal Justice.
Costs and fees shall be used exclusively to finance services under the care of specific activities of Justice.

Article 99

The Judiciary is assured administrative and financial autonomy.

The Tribunals shall prepare their budget proposals, within the limits stipulated jointly with the other Branches in the law of budgetary directives.
After hearing from other interested tribunals, the proposal shall be submitted:
1. at the Federal level, by the Presidents of the Supreme Federal Tribunal and Superior Tribunals, with approval of their respective Tribunals;
2. at the level of the States, Federal District and Territories, by the Presidents of the Tribunals of Justice, with the approval of their respective Tribunals.
If the bodies referred to in § 2° do not deliver their respective budgetary proposals within the period established in the law of budgetary directives, for the purposes of consolidation of the annual budgetary proposal, the Executive shall consider the amounts approved in the budgetary law in effect, adjusting them in accordance with the limits as stipulated in § 1° of this article.
If the budgetary proposals with which this article deals are delivered in disregard of the limits as stipulated in § 1°, the Executive shall make the necessary adjustments for the purposes of consolidation of the annual budgetary proposal.
During the execution of the budget for the fiscal year, there shall be no realization of expenses or assumption of obligations that exceed the limits established in the law of budgetary directives through opening supplementary or special credits, except as previously authorized.

Article 100

Payments owed by the Federal, State, District and County Treasuries, by virtue of a court judgment, shall be made exclusively in the chronological order of submission of the precatórios and to the account of the respective credits. Designation of cases or persons in budget appropriations and the opening of additional credits for such purposes are prohibited.

Debits of a support nature include those stemming from salaries, wages, earnings, pensions and their complementary provisions; social security benefits; and indemnification for death or disability, based upon civil liability, by virtue of a final and non-appealable court judgment. These debits shall be paid in preference over all other debts, except for those referred to in § 2° of this article.
Debts for support whose owners, either original or through inheritance, are 60 (sixty) years of age, or who are suffering from a serious disease, or handicapped persons, as defined by law, shall be paid with preference over all other debts, up to a value equivalent to three times that fixed by law for the purposes of the provision in § 3° of this article. Payment of a fractional amount is permitted for this purpose, with the rest being paid in the chronological order of the presentation of the judicial order of payment.
The provision in the heading of this article with respect to the issuing of precatórios does not apply to payment of obligations defined by law as small amounts, which must be paid by the referred to Treasuries by virtue of a final non-appealable judgment.
For the purposes of the provision of § 3°, differing amounts for entities of public law may be fixed by their own laws according to different economic capabilities, with a minimum amount equal to the amount of the highest social security benefit in the general regime.
Budgets of public law entities must include funds necessary for payment of their debits stemming from final non-appealable judgments in accordance with precatórios submitted by July 1st. Payment shall be made by the end of the following fiscal year, at which time their value shall be monetarily updated.
The budgetary appropriations and the opened credits shall be consigned directly to the Judiciary. It is the duty of the President of the Tribunal rendering the decision that permits execution to determine integral payment and to authorize, at the creditor’s request, attachment of the amount necessary to satisfy the debit, but only in the event of failure to respect his right of precedence or failure to make a budgetary allocation of an amount necessary to satisfy his debit.
The President of the competent Tribunal who, by an act of commission or omission, delays or tries to frustrate the regular liquidation of a precatório commits an impeachable offense and shall also be held liable before the National Council of Justice.
It is prohibited to issue a precatório complementary or supplementary to the amount paid, as well as to fractionize, divide or reduce the value of its execution, for the purpose of inclusion as part of the total to which § 3° of this article provides.
[Declared unconstitutional by the Supreme Federal Tribunal in ADI No. 4357 and ADI No. 4425, March 23, 2013.]
[Declared unconstitutional by the Supreme Federal Tribunal in ADI No. 4357 and ADI No. 4425, March 23, 2013.]
In accordance with what is established by the law of the debtor federative entity, the creditor may exchange his credits in precatórios to purchase public real assets of the respective federative entity.
[Declared unconstitutional by the Supreme Federal Tribunal in ADI No. 4357 and ADI No. 4425, March 23, 2013.]
Without need for the debtor’s consent, the creditor may assign to third parties, either totally or partially, his credits in precatórios. The provisions of §§ 2° and 3° do not apply to the assignee.
The assignment of precatórios shall be effective only after communication, by means of a protocolized petition, to the tribunal of origin and to the debtor entity.
Without prejudice to the provisions of this article, a law complementary to this Federal Constitution shall establish a special regime for the payment of credit for State, Federal District and County precatórios, providing for linkages between current net receipts and the form and period for liquidation.
At its exclusive criteria and in the form of law, the Union may assume debits stemming from State, Federal District, and County precatórios, refinancing them directly.
The Union, the States, the Federal District and the Counties shall compare monthly, on an annual basis, the compromised amounts of their respective current net receipts with the payment of judicial orders of payment and small value obligations.
For the purposes of §17ᵒ, current net receipts means the sum of receipts from taxes, patrimony, industry, agriculture, and cattle raising; from contributions and services; from current transfers and other current receipts, including those stemming from §1° of art. 20 of the Federal Constitution, verified in the included period by the second month immediately prior to the referred month and the 11 (eleven) preceding months, excluding duplicates, and deducting:
1. from the Union, the amounts delivered to the States, to the Federal District, and to the Counties by constitutional determination;
2. from the States, the amounts delivered to the Counties by constitutional determination;
3. from the Union, the States, the Federal District and the Counties, the employees’ contribution for the cost of their system of social security and social assistance and the receipts stemming from the financial compensation referred to in §9° of art. 201 of the Federal Constitution.
In the event that total amount of the debts resulting from judicial condemnations in judicial orders of payment and small value obligations in a twelve-month period exceeds the average of the compromised percentage of current net receipts in the immediately preceding 5 (five) years, the amount that exceeds this percentage may be financed, exempted from the debt limits dealt with in subparagraphs VI and VII of art. 52 of the Federal Constitution and from any other debt limitations provided for, with the prohibition on the linking of receipts provided for in subparagraph IV of art. 167 of the Federal Constitution being inapplicable to this financing.
In the event there are judicial orders of payment with values superior to 15% (fifteen percent) of the amount of the judicial orders of payment presented in the terms of §5ᵒ of this article, 15% (fifteen percent) of the value of these judicial orders of payment shall be paid by the end of the following fiscal year and the remainder in equal parcels in the five subsequent fiscal years, increased by interest for the delay and monetary correction, or through direct settlements via the Auxiliary Courts for Settlement of Judicial Orders of Payment, with a maximum reduction of 40% (forty percent) of the value of the updated credit, so long as no appeal or judicial defense is pending with respect to the credit and that the requirements set forth in the regulations issued by the federative entity are observed.

SECTION II. The Supreme Federal Tribunal

Article 101

The Supreme Federal Tribunal is composed of eleven Ministers, chosen from citizens between the ages of thirty-five and sixty-five, with notable legal knowledge and unblemished reputations.

Sole Paragraph

Ministers of the Supreme Federal Tribunal shall be appointed by the President of the Republic, with approval of an absolute majority of the Federal Senate.

Article 102

The Supreme Federal Tribunal has primary responsibility for safeguarding the Constitution, with the power:

to try and to decide, as matters of original jurisdiction:
1. direct actions of unconstitutionality of federal or state normative acts or declaratory actions of constitutionality of federal laws or normative acts;
2. charges of common criminal offenses against the President of the Republic, the Vice-President, members of the National Congress, the Tribunal’s own Ministers, and the Procurator-General of the Republic;
3. charges of common criminal offenses and impeachable offenses against Ministers of the Federal Government and the Commanders of the Navy, the Army and the Air Force, except for the provision of art. 52, I, members of the Superior Tribunals and the Tribunal of Accounts of the Union, and chiefs of permanent diplomatic missions;
4. habeas corpus when the constrained party is any of the persons referred to in the preceding subsections; writs of security and habeas data against acts of the President of the Republic, Executive Committees of the Chamber of Deputies and the Federal Senate, Tribunal of Accounts of the Union, Procurator-General of the Republic, and the Supreme Federal Tribunal itself;
5. litigation between a foreign State or international organization and the Union, State, Federal District or Territory;
6. cases and conflicts between the Union and States, the Union and Federal District, or between one another, including their respective entities of indirect administration;
7. extradition requests from foreign States;
8. revoked;
9. habeas corpus, when the constraining party is a Superior Tribunal or when the constraining party or the constrained party is an authority or functionary whose acts are directly subject to the jurisdiction of the Supreme Federal Tribunal, or in the case of a crime subject to the original jurisdiction of the Supreme Federal Tribunal;
10. criminal revisions and rescissory actions from its own decisions;
11. [there is no subsection k];
12. claims to preserve its jurisdiction and to guarantee the authority of its decisions;
13. execution of a judgment in cases within its original jurisdiction, it being allowed to delegate the power to perform procedural acts;
14. actions in which all members of the Judiciary have a direct or indirect interest, and those in which more than half the members of the tribunal of origin are disqualified or have a direct or indirect interest;
15. conflicts of jurisdiction between the Superior Tribunal of Justice and any other tribunals, between Superior Tribunals, or between the latter and any other tribunal;
16. requests for a provisional remedy in direct actions of unconstitutionality;
17. mandates of injunction, when drawing up the regulatory rule is the responsibility of the President of the Republic, National Congress, Chamber of Deputies, Federal Senate, Executive Committees of one of these Legislative Chambers, the Tribunal of Accounts of the Union, one of the Superior Tribunals or the Supreme Federal Tribunal itself;
18. actions against the National Council of Justice and against the National Council of the Public Ministry;
to decide, on ordinary appeal:
1. if denied, habeas corpus, writs of security, habeas data and mandates of injunction decided originally by the Superior Tribunals;
2. political crimes;
to decide on extraordinary appeal, cases decided in sole or last instance, when the appealed decision:
1. is contrary to a provision of this Constitution;
2. declares a treaty or a federal law unconstitutional;
3. upholds a law or act of local government challenged as violative of this Constitution;
4. upholds a local law challenged as contrary to federal law.

Allegation of disobedience of a fundamental precept stemming from this Constitution shall be heard by the Supreme Federal Tribunal, as provided by law.
The Supreme Federal Tribunal’s definitive decisions on the merits in direct actions of unconstitutionality and in declaratory actions of constitutionality shall have erga omnes effects and shall be binding with respect to the rest of the Judiciary and the federal, state and county public administration, both direct and indirect.
In the extraordinary appeal, the appellant must demonstrate the general repercussions of the constitutional questions argued in the case, as provided by law, in order for the Tribunal to examine the admissibility of the appeal, which may be rejected only by manifestation of two-thirds of its members.

Article 103

A direct action of unconstitutionality and a declaratory action of constitutionality may be brought by:

the President of the Republic;
the Executive Committee of the Federal Senate;
the Executive Committee of the Chamber of Deputies;
the Executive Committee of a Legislative Assembly or the Legislative Chamber of the Federal District;
the Governor of a State or the Federal District;
the Procurator-General of the Republic;
the Federal Council of the Brazilian Bar Association;
a political party represented in the National Congress;
a syndical confederation or a national class entity.

The Procurator-General of the Republic shall be heard previously in direct actions of unconstitutionality and in all cases coming within the jurisdiction of the Supreme Federal Tribunal.
Whenever there is a declaration of unconstitutionality because measures to make a constitutional rule effective are lacking, the appropriate Branch shall be notified to adopt the necessary measures, and in the case of an administrative agency, to do so within thirty days.
When it considers the unconstitutionality of a legal rule or a normative act in the abstract, the Supreme Federal Tribunal shall first summon the Advocate-General of the Union to defend the impugned act or text.
Revoked.

Article 103-A

By decision of two-thirds of its members, after reiterated decisions on constitutional matters, the Supreme Federal Tribunal may, ex officio or upon demand, approve a súmula which, upon publication in the official press, shall have binding effects on the other organs of the Judiciary and the federal, state and county public administration, both direct and indirect. The Supreme Federal Tribunal may also revise or cancel [its súmulas] in the manner established by law.

The objective of the súmula shall be the validity, interpretation and efficacy of determined rules, as to which there is presently controversy among judicial bodies or between judicial bodies and the public administration, causing serious legal insecurity and corresponding multiplication of cases about identical questions.
Without prejudice to what has been established by law, approval, revision or cancellation of a súmula may be demanded by persons with standing to bring a direct action of unconstitutionality.
A reclamation to the Supreme Federal Tribunal will lie from an administrative act or judicial decision that is contrary to the applicable súmula or that improperly applies the súmula. Upon determination that the reclamation should be granted, the Supreme Federal Tribunal shall annul the administrative act or vacate the challenged judicial decision, and shall determine that another shall be rendered, with or without application of the súmula, as may be the case.

Article 103-B

The National Council of Justice shall consist of fifteen members for a term of office of two years, with one renewal permitted, including:

the President of the Supreme Federal Tribunal;
a Minister of the Superior Tribunal of Justice, selected by that tribunal;
a Minister of the Superior Tribunal of Labor, selected by that tribunal;
a justice of the Tribunal of Justice, selected by the Supreme Federal Tribunal;
a state judge, selected by the Supreme Federal Tribunal;
a judge of the Federal Regional Tribunal, selected by the Superior Tribunal of Justice;
a federal judge, selected by the Superior Tribunal of Justice;
a judge of the Regional Labor Tribunal, selected by the Superior Labor Tribunal;
a labor judge, selected by the Superior Labor Tribunal;
a member of the Public Ministry of the Union, selected by the Procurator-General of the Republic;
a member of the state Public Ministry, selected by the Procurator General of the Republic from nominations by the competent body of each state institution;
two lawyers, selected by the Federal Council of the Brazilian Bar Association;
two citizens of notable legal knowledge and unblemished reputation, one selected by the Federal Chamber of Deputies and the other by the Federal Senate.

The President of the Supreme Federal Tribunal and in his absence or impediment, by the Vice-President of the Supreme Federal Tribunal, shall preside over the Council.
The other members of the Council shall be appointed by the President of the Republic, after approval of the nomination by an absolute majority of the Federal Senate.
If the appointments provided for in this article are not carried out within the legal period, the choice shall be made by the Supreme Federal Tribunal.
It is the responsibility of the Council to control the administrative and financial functioning of the Judiciary and performance of judges’ functional duties. In addition to the powers conferred upon it by the Statute of the Judicature, the Council shall have responsibility for:
1. preserving judicial autonomy and compliance with of the Statute of the Judicature, being able to issue regulatory acts, within the scope of its competence, or to recommend measures;
2. safeguarding observance of art. 37 and appreciating, ex officio or upon demand, the legality of administrative acts performed by members or organs of the Judiciary, being able to vacate or revise them, or set a period in which to adopt the necessary measures for exact compliance with the law, without prejudice to the jurisdiction of the Tribunal of Accounts of the Union;
3. receiving and hearing complaints against members or organs of the Judiciary, including against its auxiliary services, employees and agencies rendering notarial and registry services that act by delegation of public or official powers, without prejudice to the disciplinary and correctional jurisdiction of the tribunals. The Council may assume jurisdiction over ongoing disciplinary proceedings and determine removal, leave or retirement with compensation or benefits proportional to the time of service and apply other administrative sanctions, assuring a full defense;
4. making representations to the Public Ministry, in the case of crimes against public administration or abuse of authority;
5. revising, ex officio or upon demand, disciplinary proceedings of judges and members of tribunals decided less than one year ago;
6. preparing a statistical report each semester by unit of the Federation on the cases and judgments entered by the different organs of the Judiciary;
7. preparing an annual report that proposes the measures it deems necessary with respect to the situation of the Judiciary in the Country and the activities of the Council. This report should be part of the message of the President of the Supreme Federal Tribunal sent to the National Congress on the occasion of the opening of the legislative session.
The Minister of the Superior Tribunal of Justice shall exercise the function of Supervising Minister and shall be excluded from distribution of the Tribunal’s cases. In addition to the powers conferred upon him by the Statute of the Judicature, he is responsible for the following:
1. receiving complaints and denunciations from any interested person with respect to magistrates and judicial services;
2. exercising the executive functions of the Council as to general inspection and correction;
3. requisitioning and designating magistrates, delegating powers to them, and requisitioning employees of judges or tribunals, including those of the States, Federal District, and the Territories.
The Procurator-General of the Republic and the President of the Federal Council of the Brazilian Bar Association shall officiate at the Council.
The Union, including the Federal District and its Territories, shall create judicial grievance centers with jurisdiction to receive complaints and denunciations from any interested person against members or organs of the Judiciary, or against their auxiliary services, reporting directly to the National Council of Justice.

SECTION III. Superior Tribunal of Justice

Article 104

The Superior Tribunal of Justice shall consist of at least thirty-three Ministers.

Sole Paragraph

The Ministers of the Superior Tribunal of Justice shall be appointed by the President of the Republic, from Brazilians between the ages of thirty-five and sixty-five, with notable legal knowledge and unblemished reputations, upon approval by an absolute majority of the Federal Senate, with:

one-third from the judges of the Federal Regional Tribunals and one-third from the justices (desembargadores) of the Tribunals of Justice, nominated in a list of three names drawn up by the Tribunal itself;
one-third, in equal parts, from the lawyers and members of the Federal, State, Federal District, and Territorial Public Ministries, selected alternately, as set out in art. 94.

Article 105

The Superior Tribunal of Justice has the power:

to hear and to decide as a matter of original jurisdiction:
1. for common crimes, the Governors of the States and Federal District; for common crimes and impeachable offenses, justices of the Tribunals of Justice of the States and Federal District, members of Tribunals of Accounts of the States and Federal District, members of the Federal Regional Tribunals, Regional Electoral and Labor Tribunals, members of the Councils or Tribunals of Accounts of the Counties, and the members of the Public Ministry of the Union acting before the tribunals;
2. writs of security and habeas data against the acts of a Minister of the Federal Government, the Commanders of the Navy, the Army and the Air Force, or of the Tribunal itself;
3. habeas corpus, when the constraining party or the constrained party is any person mentioned in subsection a, or when the constraining party is a tribunal subject to its jurisdiction, a Minister of the Federal Government, or a Commander of the Navy, the Army or the Air Force, with the exception of the jurisdiction of the Electoral Tribunals;
4. jurisdictional conflicts between any tribunals, except as provided in art. 102, I, o, as well as between a tribunal and judges not subordinated to it, and between judges subordinated to different tribunals;
5. criminal revisions and rescissory actions from its own decisions;
6. claims to preserve its jurisdiction and guarantee the authority of its decisions;
7. conflicts of authority between administrative and judicial authorities of the Union, or between judicial authorities of one State and administrative authorities of another State or the Federal District, or between those of the latter and those of the Union;
8. mandates of injunction when preparation of the regulatory rule is the responsibility of a federal agency, entity or authority of direct or indirect administration, with the exception of cases falling under the jurisdiction of the Supreme Federal Tribunal and the organs of Military Justice, Electoral Courts, Labor Courts and Federal Courts;
9. recognition (homologation) of foreign judgments and concession of requests for letters rogatory (exequatur);
to decide on ordinary appeal:
1. denials of habeas corpus decided in sole or last instance by the Federal Regional Tribunals or by the tribunals of the States, Federal District, and Territories;
2. denials of writs of security decided originally by the Federal Regional Tribunals or by Tribunals of the States, Federal District and Territories;
3. cases in which the parties on one side are a foreign State or an international organization, and, on the other side, a County or a person resident or domiciled in the Country;
to decide on special appeal cases decided, in sole or last instance, by the Federal Regional Tribunals or by Tribunals of the States, Federal District and Territories, when the appealed decision:
1. is contrary to a treaty or federal law, or denies the effectiveness thereof;
2. upholds an act of a local government challenged as contrary to federal law;
3. interprets federal law differently from another tribunal.

Sole Paragraph

The following shall operate together with the Superior Tribunal of Justice:

the National School for Formation and Improvement of Magistrates, with responsibility for, among other functions, regulating official courses for entry and promotion in the career;
the Council of Federal Justice, with responsibility for exercising, as provided by law, administrative and budgetary supervision of Federal Justice in the first and second instances, as the central body in the system, with disciplinary powers, whose decisions shall have binding effects.

SECTION IV. Federal Regional Tribunals and Federal Judges

Article 106

The following are components of the Federal Courts:

Federal Regional Tribunals;
Federal Judges.

Article 107

Federal Regional Tribunals consist of at least seven judges, recruited, whenever possible, from their respective regions and appointed by the President of the Republic from Brazilians between the ages of thirty and sixty-five, with:

one-fifth from lawyers with more than ten years of actual professional activity and members of the Federal Public Ministry with more than ten years of career service;
the remainder through promotion of federal judges with more than five years of service, alternating between seniority and merit.

A law shall regulate removal or transfer of judges of the Federal Regional Tribunals and determine their jurisdiction and place to sit.
The Federal Regional Tribunals shall set up itinerant courts, which shall hold hearings and other jurisdictional functions within the territorial limits of their respective jurisdictions, utilizing public and community facilities.
The Federal Regional Tribunals may function in a decentralized fashion, constituting regional Chambers, in order to assure full access to justice at all phases of judicial proceedings.

Article 108

The Federal Regional Tribunals have power:

to hear and to decide as a matter of original jurisdiction:
1. for common crimes and impeachable offenses, federal judges from the area of their jurisdiction, including those of the Military and Labor Courts, as well as members of the Public Ministry of the Union, except for the jurisdiction of the Electoral Courts;
2. criminal revisions and rescissory actions from their own decisions and from those of federal judges of the region;
3. writs of security and habeas data against an act of the Tribunal itself or a federal judge;
4. habeas corpus, when the constraining authority is a federal judge;
5. jurisdictional conflicts between federal judges subordinated to the Tribunal;
to determine on appeal cases decided by federal judges and state judges exercising federal jurisdiction within the area of their jurisdiction.

Article 109

The federal judges have the power to hear and to decide:

cases in which the Union, an autarchy or a federal public company has an interest as plaintiffs, defendants, privies, or intervenors, except for bankruptcy, work-related accidents and those subject to the Electoral and Labor Courts;
cases between a foreign State or international organization and a County or person domiciled or resident in Brazil;
cases based on a treaty or a contract of the Union with a foreign State or international organization;
political crimes and criminal offenses detrimental to property, services or interests of the Union or its autarchies or public companies, excluding minor offenses (contravenções) and cases within the jurisdiction of the Military and Electoral Courts;
crimes covered in international treaties or conventions, when their commission has begun in the Country and their results have to take place or should have taken place abroad, or reciprocally;
cases related to human rights referred to in § 5° of this article;
crimes against organization of labor and, in cases determined by law, against the financial system and the economic and financial order;
writs of habeas corpus, in criminal matters subject to their jurisdiction or when the constraint stems from an authority whose acts are not directly subject to another jurisdiction;
writs of security and habeas data against an act of a federal authority, except for those cases subject to the jurisdiction of the federal tribunals;
crimes committed aboard ships or aircraft, except for those subject to the jurisdiction of the Military Courts;
crimes of a foreigner’s irregular entry or stay, execution of letters rogatory after exequatur, enforcement of foreign court decisions after homologation, cases relating to nationality, including the respective options and naturalization;
disputes over indigenous rights.

Cases in which the Union is the plaintiff shall be brought in the judicial section where the other party is domiciled.
Cases against the Union may be brought in the judicial section of the plaintiff’s domicile, where the act or fact causing the complaint occurred, or where the thing causing the complaint is situated or in the Federal District.
Cases in which the parties are a social security institution and its beneficiary, but no federal judge sits in the district, shall be tried and decided in the forum of the state court of the domicile of the insured or the beneficiary; the law may permit other cases to be tried and adjudicated in state courts.
In the case of the preceding paragraph, the appeal that may be taken shall always be to the Federal Regional Tribunal in the jurisdictional area of the judge of the first instance.
For the purposes of assuring compliance with obligations stemming from international human rights treaties to which Brazil is a party, the Procurator-General of the Republic shall suggest to the Superior Tribunal of Justice, at any phase of the inquiry or proceeding, removal to the jurisdiction of the Federal Courts in cases of grave violation of human rights.

Article 110

Each State, as well as the Federal District, shall constitute a judicial section, which shall sit in the respective Capital, with courts of the first instance located as established by law.

Sole Paragraph

In the Federal Territories, the jurisdiction and powers granted to the federal judges shall be attributed to the judges of the local courts, as provided by law.

SECTION V. The Superior Labor Tribunal, the Regional Labor Tribunals, and the Labor Judges

Article 111

The Labor Court System consists of:

the Superior Labor Tribunal;
Regional Labor Tribunals;
Labor Judges.

Revoked:
1. revoked.
2. revoked.
Revoked.
Revoked.

Article 111-A

The Superior Labor Tribunal shall be composed of twenty-seven Ministers, chosen among Brazilians between thirty-five and sixty-five years of age, with notable legal knowledge and unblemished reputations, nominated by the President of the Republic, after approval by an absolute majority of the Federal Senate, with:

one-fifth from lawyers with more than ten years of effective professional activity and members of the Public Labor Ministry with more than ten years of effective service, observing the provision of art. 94;
the remainder from career magistrates of the Regional Labor Tribunals, selected by the Superior Tribunal itself.

The law shall provide for the jurisdiction of the Superior Labor Tribunal.
The following shall function together with the Superior Labor Tribunal:
1. the National School for the Formation and Improvement of Labor Magistrates, which, among other functions, shall be responsible for regulating official courses for entry and promotion in the career;
2. the Superior Council of Labor Justice, as the central body of the system, which shall be responsible for performing administrative, budgetary, financial and patrimonial supervision of Labor Justice in the first and second instances, as provided by law. The Council’s decisions shall have binding effects.
The Superior Labor Tribunal shall be competent to hear and decide as a matter of original jurisdiction a reclamation for the preservation of its jurisdiction and guarantee of the authority of its decisions.

Article 112

The law shall create Labor Courts. In districts not included within their jurisdiction, the law may confer this jurisdiction on state court judges, with an appeal to the respective Regional Labor Tribunal.

Article 113

The law shall provide for the constitution, investiture, jurisdiction, guarantees and conditions for performance for the agencies of the Labor Courts.

Article 114

The Labor Court System has the power to hear and judge:

actions arising from labor relations, including those of foreign public law entities and those of direct and indirect public administration of the Union, States, Federal District and Counties;
actions involving exercise of the right to strike;
actions concerning syndical representation between unions, unions and workers, and unions and employers;
writs of security, habeas corpus and habeas data, when the challenged act involves matters subject to its jurisdiction;
jurisdictional conflicts among bodies with labor jurisdiction, except for the provision of art. 102, I, o;
actions for indemnification for moral or patrimonial damages stemming from labor relations;
actions relating to administrative penalties imposed upon employers by bodies supervising labor relations;
ex officio execution for social contributions provided for in art. 195, I, a, and II, and any legal increments stemming from judgments entered;
other controversies stemming from labor relations, as provided by law.

If collective bargaining negotiations are unsuccessful, the parties may appoint arbitrators.
If one party refuses collective bargaining or arbitration, the parties, by common accord, may file an economic collective labor dispute. This conflict may be decided by the Labor Courts, respecting the minimum legal provisions for protection of labor, as well as those previously agreed upon.
In case of a strike in an essential activity, with the possibility of injury to the public interest, the Public Labor Ministry shall bring a collective labor dispute, with the Labor Courts having jurisdiction to decide the conflict.

Article 115

The Regional Labor Tribunals shall be composed of a minimum of seven judges recruited, when possible, from the respective region and appointed by the President of the Republic from Brazilians between the ages of thirty and sixty-five, with:

one-fifth from lawyers with more than ten years of effective professional activity and members of the Public Labor Ministry with more than ten years of effective service, observing the provision in art. 94;
the others, through promotion of labor judges, alternatively by seniority and merit.

The Regional Labor Tribunals shall install itinerant courts, which shall hold hearings and other jurisdictional functions within the territorial limits of their respective jurisdictions, utilizing public and community facilities.
The Regional Labor Tribunals may function in a decentralized manner, constituting regional Chambers to assure full jurisdictional access to justice at all phases of the proceedings.

Article 116

Jurisdiction in the Labor Courts shall be exercised by a single judge.

Sole Paragraph

Revoked.

Article 117

Revoked.

SECTION VI. Electoral Tribunals and Judges

Article 118

The Electoral Justice System consists of:

the Superior Electoral Tribunal;
the Regional Electoral Tribunals;
the Electoral Judges;
the Electoral Boards.

Article 119

The Superior Electoral Tribunal shall be composed of at least seven members, chosen:

through election, by secret ballot, with:
1. three judges from among the Ministers of the Supreme Federal Tribunal;
2. two judges from among the Ministers of the Superior Tribunal of Justice;
by appointment of the President of the Republic, two judges from six lawyers of notable legal knowledge and good moral character, indicated by the Supreme Federal Tribunal.

Sole Paragraph

The Superior Electoral Tribunal shall elect its President and Vice-President from the Ministers of the Supreme Federal Tribunal, and an Electoral Inspector General from the Ministers of the Superior Tribunal of Justice.

Article 120

There shall be a Regional Electoral Tribunal in the Capital of each State and Federal District.

The Regional Electoral Tribunals shall be formed:
1. through election, by secret ballot:
  1. of two judges from the justices of the Tribunals of Justice;
  2. of two judges from the state courts, chosen by the Tribunal of Justice;
2. by one judge of the Federal Regional Tribunal that sits in the Capital of the State or Federal District, or in the absence thereof, by a federal judge chosen in any case by the respective Federal Regional Tribunal;
3. by two judges appointed by the President of the Republic from six lawyers of notable legal knowledge and good moral character, nominated by the Tribunal of Justice.
The Regional Electoral Tribunal shall elect its President and Vice-President from among the justices [of the Tribunal of Justice].

Article 121

The organization and jurisdiction of the electoral tribunals, state court judges and electoral boards shall be provided for by complementary law.

The members of the tribunals, the state court judges and the members of the electoral boards, while exercising their functions and to the extent applicable to them, shall enjoy full guarantees and shall be non-removable.
Except for a valid reason, judges of the electoral tribunals shall serve for at least two years and never for more than two consecutive two-year periods, and their alternates shall be chosen at the same time and through the same procedure, in equal numbers for each category.
Decisions of the Superior Electoral Tribunal are not appealable, with the exception of those contrary to this Constitution and those denying habeas corpus or a writ of security.
Decisions of the Regional Electoral Tribunals may only be appealed when:
1. they contravene an express provision of this Constitution or law;
2. a divergence exists in the interpretation of a law between two or more electoral courts;
3. they deal with ineligibility or issuance of certificates of election in federal or state elections;
4. they annul certificates of election or decree the loss of federal or state elective offices;
5. they deny habeas corpus, writ of security, habeas data or a mandate of injunction.

SECTION VII. Military Courts and Military Judges

Article 122

The Military Justice System consists of:

the Superior Military Tribunal;
the Military Tribunals and Military Judges instituted by law.

Article 123

The Superior Military Tribunal shall be composed of fifteen Ministers with life tenure, appointed by the President of the Republic after approval of their nominations by the Federal Senate, with three from admirals of the Navy, four from generals of the Army, three from generals of the Air Force, all in active service and in the highest career rank, and with five from among civilians.

Sole Paragraph

The civilian Ministers shall be chosen by the President of the Republic from Brazilians more than thirty-five years old, with:

three from lawyers of notable legal knowledge and unblemished conduct, with more than ten years of actual professional activity;
two, by equal choice, from military judges and members of the Military Public Ministry.

Article 124

The Military Justice System shall have jurisdiction to try and adjudicate the military crimes defined by law.

Sole Paragraph

The law shall provide for the organization, operation and jurisdiction of the Military Justice System.

SECTION VIII. State Tribunals and Judges

Article 125

The States shall organize their Justice Systems, observing the principles established in this Constitution.

The jurisdiction of the courts shall be defined in the State Constitution, and the law of judicial organization shall be proposed by the Tribunal of Justice.
The States have the power to institute an action of unconstitutionality of state or county laws or normative acts contrary to the State Constitution, conferral of standing to act on only one agency being prohibited.
By proposal of the Tribunal of Justice, a state law may create a state Military Justice System, which shall consist at the first instance of state court judges and Councils of Justice, and at the second instance of the Tribunal of Justice itself, or a Tribunal of a Military Justice in those States in which the effective military is greater than twenty thousand members.
The State Military Justice shall have jurisdiction to charge and to try members of the State military for military crimes defined by law and in judicial actions against acts of military discipline, preserving the jurisdiction of the jury when the victim is a civilian. It shall be the responsibility of the appropriate court to decide on the loss of post, loss of rank for officers and loss of grade for servicemen.
The state court judges in the military courts shall have jurisdiction to charge and to judge by themselves military crimes committed against civilians and judicial actions against acts of military discipline. It is the responsibility of the Council of Justice, under the presidency of a state court judge, to charge and to judge other military crimes.
The Tribunal of Justice shall operate in a decentralized fashion, constituting regional Chambers, in order to assure full access to justice at all phases of the proceedings.
The Tribunal of Justice shall install itinerant courts, which shall hold hearings and other jurisdictional functions within the territorial limits of their respective jurisdiction, utilizing public and community facilities.

Article 126

In order to decide rural land conflicts, the Tribunal of Justice shall propose creation of specialized courts, with exclusive jurisdiction over agrarian questions.

Sole Paragraph

Whenever necessary to exercise jurisdiction efficiently, the judge shall go personally to the site of the legal controversy.

CHAPTER IV. POSITIONS ESSENTIAL TO JUSTICE

SECTION I. The Public Ministry

Article 127

The Public Ministry is a permanent institution, essential to the jurisdictional function of the State, with responsibility for defending the legal order, the democratic regime and indispensable social and individual interests.

Unity, indivisibility and functional independence are institutional principles of the Public Ministry.
The Public Ministry is assured functional and administrative autonomy, and it may, observing provisions of art. 169, propose to the Legislature creation and abolition of its positions and auxiliary services, filling them through competitive public examinations, or such examinations and comparison of professional credentials; remuneration policy; and career plans. The law shall provide for its organization and operation.
The Public Ministry shall draw up its budgetary proposal within the limits established in the law of budgetary directives.
If the Public Ministry does not deliver its respective budgetary proposal within the period established in the law of budgetary directives, the Executive shall consider, for purposes of consolidation of the annual budgetary proposal, the amounts approved in the current budgetary law, adjusted in accordance with the limits set forth in the form of § 3°.
If the budgetary proposal dealt with in this article is delivered in disregard of the limits set forth in § 3°, the Executive shall proceed with the necessary adjustments in order to consolidate the annual budgetary proposal.
During execution of the budget for the current fiscal year, there shall be no realization of expenses or assumption of obligations that exceed the limits established in the law of budgetary directives through opening supplemental or special credits, unless previously authorized.

Article 128

The Public Ministry includes:

the Public Ministry of the Union, which consists of:
1. the Federal Public Ministry;
2. the Labor Public Ministry;
3. the Military Public Ministry;
4. the Public Ministry of the Federal District and Territories;
the Public Ministries of the States.

The head of the Public Ministry of the Federal Government is the Procurator-General of the Republic, appointed by the President of the Republic from career members over thirty-five years of age, after approval by an absolute majority of the members of the Federal Senate, for a term of office of two years, re-appointment being permitted.
The Procurator-General of the Republic can be removed from office, on the initiative of the President of the Republic, subject to prior authorization of an absolute majority of the Federal Senate.
The Public Ministry of the States, Federal District and Territories shall make up a list of three names from career members, in the form of the respective law, for selection of their Procurators-General, who shall be appointed by Heads of the Executive Branch for a term of office of two years, permitting one reappointment.
The Procurators-General of the States and of the Federal District and Territories may be removed from office by an absolute majority of the Legislature, under the terms of a respective complementary law.
Complementary laws of the Union and States, which may be proposed by the respective Procurators-General, shall establish the organization, powers and by-laws of each Public Ministry, observing with respect to their members:
1. the following guarantees:
  1. life tenure after two years in office, capable of losing their positions only by a court judgment that has become final and unappealable;
  2. non-transferability, except by reason of public interest, through a decision of the appropriate collegiate body of the Public Ministry, by an absolute majority vote of its members, assuring a full defense;
  3. irreducibility of fixed compensation, set in the form of art. 39, § 4°, and except a provided for in arts. 37, X and XI, 150, II, 153, III, 153, § 2°, I;
2. the following prohibitions:
  1. receiving, on any account and under any pretext, fees, percentages or court costs;
  2. practicing law;
  3. participating in a commercial company, as provided by law;
  4. performing, even when on leave, any other public function except teaching;
  5. engaging in political party activities;
  6. under any title or pretext, receiving assistance or contributions from individuals or public or private entities, except as provided by law.
The provision of art. 95, sole paragraph, V applies to members of the Public Ministry.

Article 129

The institutional functions of the Public Ministry are:

the exclusive power to bring public criminal prosecutions, as provided by law;
to safeguard effective respect by the Government and services of public relevance for rights protected by this Constitution, taking the necessary action to guarantee such rights;
to institute civil investigations and public civil actions to protect the public and social patrimony, the environment and other diffuse and collective interests;
to institute direct actions of unconstitutionality or representation for purposes of intervention by the Union and States, in cases set out in this Constitution;
to defend judicially the rights and interests of indigenous populations;
to issue notices in administrative procedures under its jurisdiction, requesting information and documents to guide them, as provided by the respective complementary law;
to exercise external control over police activities, as provided by the complementary law mentioned in the preceding article;
to request investigations and institution of police investigations, indicating the legal basis for its procedural acts;
to perform other functions conferred upon it, so long as they are compatible with its purpose, prohibiting judicial representation and legal advice to public entities.

The standing of the Public Ministry to bring civil actions provided for in this article shall not preclude standing of third parties in the same cases, as provided in this Constitution and by law.
Functions of the Public Ministry may be performed only by career personnel, who must reside in the judicial district of their respective assignments, except with the authorization of the head of the institution.
Entry into the career of the Public Ministry shall be through public competitive examinations and comparison of professional credentials, assuring participation of the Brazilian Bar Association in such competition, and shall require a law degree and a minimum of three years of legal activities, observing the order of classification for appointments.
Where appropriate, the provisions of art. 93 apply to the Public Ministry.
The distribution of cases in the Public Ministry shall be immediate.

Article 130

Provisions of this section relating to rights, prohibitions and form of investiture apply to members of the Public Ministry attached to Tribunals of Accounts.

Article 130-A

The National Council of the Public Ministry shall consist of fourteen members appointed by the President of the Republic, after approval by an absolute majority of the Federal Senate, for a mandate of two years, permitting one additional term. It consists of:

the Procurator-General of the Republic, who shall preside;
four members of the Public Ministry of the Union, assuring representation to each of its careers;
three members of the Public Ministry of the States;
two judges, one selected by the Supreme Federal Tribunal and the other by the Superior Tribunal of Justice;
two lawyers selected by the Federal Council of the Brazilian Bar Association;
two citizens of notable legal knowledge and unblemished reputation, one selected by the Federal Chamber of Deputies and the other by the Federal Senate.

The members of the Council coming from the Public Ministry shall be selected by the respective Public Ministries, as provided by law.
The National Council of the Public Ministry shall be responsible for control of the administrative and financial functioning of the Public Ministry and performance of the functional duties of its members. It is responsible for:
1. preserving the functional and administrative autonomy of the Public Ministry, being able to issue regulatory acts in its area of jurisdiction, or to recommend measures;
2. observing art. 37 and appreciating, ex officio or upon demand, the legality of administrative acts practiced by members or bodies of the Public Ministry of the Union and of the States. The National Council can vacate or revise these acts, or fix a period in which necessary measures for the precise performance of the law shall be adopted, without prejudice to the jurisdiction of the Tribunals of Accounts;
3. receiving and hearing complaints against members or organs of the Public Ministry of the Union and the States, including against their auxiliary services, without prejudice to the disciplinary and correctional jurisdiction of the institution. The National Council may assume jurisdiction over ongoing disciplinary proceedings to determine removal, leave or retirement with salary or benefits proportional to the time of the service and to apply other administrative sanctions, assuring a full defense;
4. revising, ex officio or by demand, disciplinary proceedings of members of the Public Ministry of the Union or the States decided less than one year ago;
5. preparing an annual report proposing measures that it deems necessary with respect to the situation of the Public Ministry in the Country and the activities of the Council, which shall be part of the message provided for in art. 84, XI.
By secret ballot the Council shall choose a National Supervisor from among the members of the Public Ministry to which it is a part. Reelection is prohibited. The National Supervisor shall have the following responsibilities, in addition to the powers conferred upon her or him by law:
1. to receive complaints and denunciations, from any interested person, with respect to the members of the Public Ministry and its auxiliary services;
2. to perform the executive functions of the Council with respect to general inspection supervision;
3. to requisition and designate members of the Public Ministry, delegating powers to them, and to requisition employees of the organs of the Public Ministry.
The President of the Federal Council of the Brazilian Bar Association shall officiate at the Council.
State and Federal laws shall create grievance centers for the Public Ministry, competent to hear complaints and denunciations by any interested person against members or organs of the Public Ministry, including against their auxiliary services, presenting them directly to the National Council of the Public Ministry.

SECTION II. Public Advocacy

Article 131

The Advocacy-General of the Union is the institution that, either directly or through a subordinated agency, represents the Union, both judicially and extra-judicially. Under the terms of a complementary law providing for its organization and operations, it is responsible for the activities of legal consultation and counseling to the Executive.

The head of the Advocacy-General of the Union is 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 legal knowledge and unblemished reputation.
Entry into initial phases of the career of the institution dealt with in this article shall be by competitive public examinations and comparison of professional credentials.
The Procurator-General of the National Treasury is responsible for representing the Union with respect to execution on unpaid taxes owed to it, as provided by law.

Article 132

The Procurators of the States and the Federal District, career positions into which admission depends upon public competitive examinations and professional credentials, with participation by the Brazilian Bar Association in all phases, shall provide judicial representation and legal counseling to their respective federative units.

Sole Paragraph

Procurators referred to in this article are assured tenure after three years of actual service, via performance evaluation by their own agencies, after a corroborating report from the supervising judges.

SECTION III. The Practice of Law

Article 133

Lawyers are indispensable to the administration of justice, and they are immune for their acts and manifestations in the practice of their profession, within the limits of the law.

SECTION IV. The Public Defender’s Office

Article 134

The Public Defender’s Office is a permanent institution, essential to the State’s jurisdiction function, and it shall be fundamentally responsible, as an expression and instrument of the democratic regime, for legal orientation, the promotion of human rights, and the integral and gratuitous defense, at all levels, judicial and extrajudicial, of individual and collective rights of the needy, as set out in art. 5, LXXXIV.

A complementary law shall organize the Public Defender’s Office of the Union and of the Federal District and Territories and prescribe general rules for its organization in the States, with career positions, filled at the entry level through public competitive examinations and comparison of professional credentials, assuring its members the guarantee of non-transferability and prohibiting practice of law outside their institutional duties.
State Public Defenders are assured functional and administrative autonomy and the right to initiate their budget proposal within the limits established in the law of budgetary directives, subject to the provisions of art. 99, § 2°.
The provisions of § 2° apply to the Public Defenders of the Union and the Federal District.
The institutional principles of the Public Defender’s Office are functional unity, indivisibility, and independence, applying also, when they fit, the provisions of art. 93 and subparagraph II of art. 96 of this Federal Constitution.

Article 135

The civil servants that form part of the careers regulated in Sections II and III of this Chapter shall be compensated in the form of art. 39, §4°.