LEI No. 11,798, DE October 29, 2008.

Disposes on composition and competence of the Federal Justice Council, repeal Law n^o 8,472, of October 14, 1992, and gives other arrangements.

THE PRESIDENT OF THE REPUBLICI make it known that the National Congress decrees and I sanction it following Law:

CHAPTER I

Preliminary provisions

Art. 1^the This Act has on the Federal Justice Council, which will work on the Superior Court of Justice, with acting throughout the national territory, to whom it is the budgetary and administrative supervision of the Federal Justice of first and second degrees, as the central body of the system, as set out in the inciso II of the single paragraph of the art. 105 of the Federal Constitution.

CHAPTER II

From Composition and Health

Art. 2^o The Federal Justice Council will be integrated:

I-by the President and the Vice-President of the Superior Court of Justice ;

II-by 3 (three) Ministers, elected between the members of the Superior Court of Justice, together with their alternates ;

III-by the Presidents of the Federal Regional Courts, which will be replaced in their flusts or impediments by the respective Vice-Presidents.

§ 1^o The right to seat on the Federal Justice Council, without the right to vote, the Presidents of the Federal Council of the Order of Lawyers of Brazil and of the Association of Federal Judges of Brazil-AJUFE, who will indicate their alternates.

§ 2^o The Presidency of the Federal Justice Council shall be held by the President of the Superior Court of Justice, who will be replaced, in his or her fallout or impediments, by the Vice President of the Superior Court of Justice.

§ 3^o Councillors will have a mandate of 2 (two) years, vetoed the investiture of those who, by constitutional, legal or regimental commandment, will remain for less than 6 (six) months in the function.

§ 4^o Does not apply the rule of § 3^the of this article to the Presidents of Superior Tribunal of Justice and the Federal Regional Courts.

§ 5^o It is vetoed for the reconduct of Councillors.

§ 6^o The Corregedorial-General of Federal Justice will be directed by the oldest of the Ministers of the Superior Court of Justice to embed the Federal Justice Council, except for the President and the Vice-President.

§ 7^o The Correged-General will be replaced, in its fallout or impediments, by the rest Councillors Ministers of the Superior Court of Justice, respected the order of antiquity.

§ 8^o The Federal Justice Council will meet ordinarily 1 (one) time per month, during the judicial year, and, extraordinarily, whenever it is necessary, by convocation of its President, required, in both cases, the minimum presence of 7 (seven) Councillors.

§ 9^o The decisions of the Federal Justice Council will be taken by the majority vote between the gifts, prevailing, in the event of a tie, the vote given by the President.

Art. 3^o The activities of judicial administration, concerning human resources, documentary and information management, budget and financial administration, internal control and informatics, in addition to others requiring central coordination and standardization, within the framework of the Federal Justice of first and second degrees, will be organised in the form of a system, whose central body will be the Federal Justice Council.

Single Paragraph. You will consider integrated into the system that treats the caput of this article the services currently responsible for the activities described there, so you will be subject to normative guidance, technical supervision and the specific surveillance of the organ system central.

Art. 4^o Integrate the institutional structure of the Federal Justice Council to Corregedorial-General of Federal Justice, the Center for Judiciary Studies and the National Uniformation Class of Federal Special Jubians.

CHAPTER III

Of Competencies

Art. 5^o The Federal Justice Council competes:

I-examine and refer to the Superior Court of Justice:

a) proposal for the creation or extinction of posts and the fixing of salaries and advantages of judges and servers of the Federal Justice of first and second degrees ;

b) proposed creation or extinction of Federal Regional Courts and of changing the number of its members ;

II-approve suggestions for amending legislation on matters of jurisdiction of Justice Federal ;

III-expedition of standards related to the system of judicial administration of the Federal Justice of first and second degrees, constant of the art. 3^the of this Act ;

IV-appreciation, of office, or the application of federal magistrate, the administrative decisions of the Federal Regional Courts that counter current legislation and edited norms based on the inciso II of the caput of this article ;

V-homologation, in the regimental form, as a condition of effectiveness, the decisions of the Regional Courts Federal that implicate increased expenses ;

VI-approving the budget proposals and requests for additional claims by the Justice Council Federal, Federal Regional Courts and First Grade Federal Justice ;

VII-provide, by public tender, the posts required of your administration, resussed the posts in commission, declared under free appointment and exoneration law ;

VIII-avocar administrative processes in progress ;

IX-Judar disciplinary administrative proceedings concerning members of the Regional Courts Federal, imputing, when it is the case, the cableable penalties, secured the broad defense and the adversarial ;

X-represent to the Public Prosecutor's Office for the promotion of civil lawsuits against magistrates, including with views in the civil action proposal for the declaration of loss of office or of retirement cassation ;

XI-decide, in degree of appeal, the matters relating to the rights and duties of the servers of their Registry and the Judges, when those are applied for sanction in disciplinary proceedings decided by the Federal Regional Court ;

XII-to ensure compliance with the decisions of the National Council of Justice within the framework of Justice Federal.

Single Paragraph. The Federal Justice Council has correctional power and its decisions will have binding character, within the framework of the Federal Justice of first and second degrees.

Art. 6^o À Corregedoria-General of Federal Justice, watchdog, control, and normative orientation of the Federal Justice of first and second degrees, competes:

I-exercise technical supervision and control of the execution of the deliberations of the Council of Justice Federal ;

II-refer to the knowledge of the Presidents of the Federal Regional Courts proposals for actions on the systems that integrate Federal Justice and submit them to the approval of the Federal Justice Council ;

III-conduct permanent or periodic inspection and correction, ordinaries or extraordinary, general or partial, on the Federal Regional Courts, as per the Rules of Procedure of the Federal Justice Council ;

IV-promoting syndicates, inspections and corrections to ascertain complaints, representations and reasoned complaints from any person concerned, relating to the second-degree magistrates, submitting to the Plenary for deliberation ;

V-submit to the Council of the Federal Justice provements intended to discipline conduct to be adopted by the judicial bodies of the Federal Justice of first and second degrees.

Single Paragraph. The Corregedorial-General of Federal Justice should be worth the support of the administrative units of the Federal Justice Council.

Art. 7^o The Correged-General of Federal Justice competes:

I-present to the Council of the Federal Justice detailed report of the activities of the Corregedorial-General during the judicial year ;

II-chair the Permanent Forum of Federal Justice Corregers ;

III-presiding over the National Uniformization Class of Federal Special Jurals ;

IV-coordinate the Standing Commission of the Coordinators of Federal Special Jubians ;

V-directing the Center for Judicial Studies ;

VI-expedition instructions and other normative acts for the operation of the services of the Corregedorial-General of Federal Justice ;

VII-nominate to the President of the Federal Justice Council, for the purpose of designation, appointment or exoneration, the occupiers of commissioned function or office in commission, within the framework of the Corregedorial-General of Federal Justice ;

VIII-regarding the subjects of its competence:

a) to perform and enforce the deliberations of the Federal Justice Council ;

b) to address the judicial and administrative authorities by signing the respective matches.

§ 1^o Syndications, inspections and corrections will be carried out without prejudice to acting disciplinary and correctional of the National Council of Justice.

§ 2^o The Federal Justice General's General Manager will be able to request up to 2 (two) magistrates, observed the fifth oldest part, as well as servers, to act in aid of their activity for the maximum period of 2 (two) years, extension once for the same period, without prejudice to the rights and advantages inherent in the exercise of their posts and jobs of origin.

Art. 8^o The Center for Judiciary Studies competes:

I-carry out and foster studies, research, editorial and information services, with views in the modernization of Federal Justice ;

II-plan, coordinate and execute activities of training and improvement of magistrates and servers, in articulation with the Federal Regional Courts' s Magistrate Schools, second standards to be edited by the National School of Training and Improvement of Magistrates ;

III-elaborate and refer to the National School of Training and Improvement of Magistrates the Plan National of Improvement and Research for the Federal Judges.

§ 1^o It is vetoed the realization of any activity by the Center for Judiciary Studies on the odd topic to the competence of Federal Justice, as per the art. 109 of the Federal Constitution.

§ 2^o It is mandatory to carry out at least one annual activity of the Centre for Studies Judiciaries in the sedes of the Federal Regional Courts.

§ 3^o Annual spending on the activates-end of the Centre for Judicial Studies will be linked to the research area at, at a minimum, 40% percent (forty percent), as per Pluriannual Plan priorities to be approved by the Federal Justice Council.

§ 4^o Integrates the administrative structure of the Centre for Judicial Studies the Council of the Schools of the Federal Magistrature, chaired by the director minister of the Centre and composed of the directors of the Magistrature Schools of the Federal Regional Courts and the President of the Association of Federal Judges of Brazil.

Art. 9^o The National Uniformization Class of Federal Special Jurts competes appreciate the incidents of standardization of federal law interpretation, provided for in Law n^o 10,259, of July 12, 2001.

§ 1^o Compose the National Uniformation Class:

I-the Correged.-General of Federal Justice ;

II-2 (two) federal judges per region, chosen by the respective Federal Regional Court among the holders in exercise in Federal Special Jubitation.

§ 2^o The functioning of the National Uniformation Class of Federal Special Jurts will be disciplined by regiment of its own, approved by the Federal Council of Justice.

CHAPTER IV

Final provisions

Art. 10 This Act comes into force on the date of its publication.

Art. 11 It is repealed Law n^o 8,472 of October 14, 1992.

Brasilia, October 29, 2008 ; 187^the of Independence and 120^o of the Republic.

LUIZ INACIO LULA DA SILVA

Tarso Genro

Jose Antonio Dias Toffoli