CONSTITUTION OF BRAZIL
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CHAPTER III - THE JUDICIAL POWER
SECTION I GENERAL PROVISIONS
Article 92. The following are the bodies of the Judicial Power:
I - the Supreme Federal Court;
I-A - the National Council of Justice;
II - the Superior Court of Justice;
III - the Federal Regional Courts and the Federal Judges;
IV - the Labour Courts and Judges;
V - the Electoral Courts and Judges;
VI - the Military Courts and Judges;
VII - the Courts and Judges of the states, of the Federal District and of the
territories.
Paragraph 1 - The Supreme Federal Court, the National Council of Justice and the
Superior Courts have their seat in the Federal Capital.
Paragraph 2 - The Supreme Federal Court and the Superior Courts have jurisdiction
over the entire Brazilian territory.
Article 93. A supplementary law, proposed by the Supreme Federal
Court, shall provide for the Statute of the Judicature, observing the following
principles:
I - admission into the career, with the initial post of substitute judge, by
means of a civil service entrance examination of tests and presentation of
academic and professional credentials, with the participation of the Brazilian
Bar Association in all phases, it being required for the Law bachelors a minimum of three years experience in juridical activies, obeying the order of classification for
appointments;
II - promotion from level to level, based on seniority and merit alternately,
observing the following rules:
a) the promotion of a judge who has appeared in a merit list for three
consecutive times or for five alternate times is mandatory;
b) merit promotion requires two years in office in the respective level and
that the judge should appear in the top fifth part of the seniority list of
such level, unless no one satisfying such requirements is willing to accept
the vacant post;
c) appraisal of merit according to the criteria of promptness and
reliability in the exercise of the jurisdictional function and according to
attendance and achievement in official or recognized improvement courses.
d) in determining seniority, the court may only reject the judge with the
longest service by the justified votes of two-thirds of its members, according to a
specific procedure, ample defense being assured, the voting being repeated until the selection is
determined;
e) there shall not be promoted the judge who, without cause, retains records longer than the time determined by law, it being forbidden to return them to the court without the proper sentence or other applicable action;
III - access to the courts of second instance shall obey seniority and merit,
alternately, as determined at the last or only level;
IV - provision of official courses for preparation, improvement and promotion of judges, it being a mandatory stage of the process of vitaliciety the participation in official course or in course recognized by a national school of formation and improvement of judges;
V - the remuneration of the Justices of the Superior Courts shall be equal to 95% (ninety-five percent) of the monthly remuneration fixed for the Justices of the Supreme Federal Court and the remuneration of the other judges shall be fixed by law and scaled, at federal and State levels, in accordance to the respective categories of the national judiciary structure, it being forbidden a difference between one and another superior to 10% (ten percent) or inferior to 5% (five percent), or an amount superior to 95% (ninety-five percent) of the monthly remuneration of the Justices of the Superior Courts, with observance, in any case, of the provisions of arts. 37, XI, and 39, paragraph 4.
VI - the retirement compensation of Judges and the pensions of his dependents shall obey the provisions of article 40.
VII - a permanent judge shall reside in the respective judicial district, excep if the court authorizes otherwise;
VIII - the acts of removal, of placement on paid availability and of retirement
of a judge, for public interest, shall be based on a decision by the vote of the absolute majority of the respective court or of the the National Council of Justice,
full defense being ensured;
IX - all judgements of the bodies of the Judicial Power shall be public, and
all decisions shall be justified, under penalty of nullity, and the law may,
in given acts, limit attendance to the
interested parties and their lawyers, or only to the latter, provided that the preservation of the right to intimacy of the party interested in secrecy do not prejudice the public interest to the information;
X - the administrative decisions of the courts shall be supported by a
recital and in public session, and disciplinary decisions shall be taken by the vote of the absolute
majority of their members;
XI - in courts with more than twenty-five judges, a special body may be
constituted, with a minimum of eleven and a maximum of twenty-five members, to
exercise the administrative and jurisdictional duties delegated by the full court, one half of the members being chosen by seniority, and the other half by voting of the full court;
XII - the jurisdictional activity shall be ininterrupt, it being forbidden colective vacations of judges and courts, it being mandatory, in days in which there is not ordinary shifts, the presence of judges in permanent duty;
XIII - the number of judges in the jurisdictional unity shall be proportional to the effective judiciary demand and to the respective population;
XIV - the servants shall receive delegation for the practice of acts of administration and acts withouth a decisorium nature;
XV - the distribution of proceedings shall be immediate, in all levels of jurisdiction.
Article 94. One-fifth of the seats of
the Federal Regional Courts, of the Courts of the States, and of the Federal
District and the Territories shall be occupied by members of the Public
Prosecution, with over ten years of office, and by lawyers of notable juridical
learning and spotless reputation, with over ten years of effective professional
activity, nominated in a list of six names by the entities representing the
respective classes.
Sole paragraph - Upon receiving the nominations, the court shall organize a
list of three names and shall send it to the Executive Power, which shall,
within the subsequent twenty days, select one of the listed names for
appointment.
Article 95. Judges enjoy the following guarantees:
I - life tenure, which, at first instance, shall only be acquired after two
years in office, loss of office being dependent, during this period, on
deliberation of the court to which the judge is subject, and, in other cases,
on a final and unappealable judicial decision;
II - irremovability, save for reason of public interest, under the terms of
article 93, VIII;
III - irreducibility of pay, observing, as regards remuneration, the provisions
of articles 37, X and XI, 39, paragraph 4, 150, II, 153, III, and 153, paragraph 2, I.
Sole
paragraph - Judges are forbidden to:
I - hold, even when on paid availability, another office or position, except
for a teaching position;
II - receive, on any account or for any reason, court costs or participation in
a lawsuit;
III - engage in political or party activities.
IV - receive, on any account or for any reason, payments or contributions from persons, public or private entities, with exception of the cases determined by law;
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