Key Benefits:
CONSTITUTIONAL AMENDMENT NO. 45, OF December 8, 2004
Altera devices of the arts. 5º, 36, 52, 92, 93, 95, 98, 99, 99, 102, 103, 105, 107, 109, 111, 112, 114, 129, 129, 134, 128, 129, 134, 134 and 168 of the Federal Constitution, and adds the arts. 103-A, 103B, 111-A and 130-A, and gives other arrangements.
THE TABLES OF THE CHAMBER OF THE DEPUTIES AND THE FEDERAL SENATE, pursuant to § 3º of the art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:
Art. 1º The arts. 5º, 36, 52, 92, 93, 98, 99, 98, 99, 102, 103, 104, 107, 109, 111, 112, 115, 129, 134, 134, 134, 134, 134, 134, 134, 134, 134, 134, 134, 134, 134, 134, 134, 134, 134, 134, 134, 134, 134, 134, 134, 134, 134, 134, 134, 134, 134, 134, 134, 134, 134 and 168 of the Federal Constitution passes style='margin-top:0cm; margin-right: 0cm; margin-bottom: 6.0pt; margin-left:2.0cm; text-align:justify; text-justify:inter-ideograph; text-indent: 14.2pt; line-height:normal; text-autospace:none'> " Art. 5º .....................................................
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LXXVIII to all, in the judicial and administrative framework, are assured of the reasonable duration of the process and the means that guarantee to rapidity of your stepping stone.
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§ 3º The international treaties and conventions on human rights that are approved, in each National Congress House, in two shifts, for three fifths of the votes of the respective members, will be equivalent to the constitutional amendments.
§ 4º Brazil submits itself to the jurisdiction of the International Criminal Court to whose creation has manifested membership. " (NR)
" Art. 36. ....................................................
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III of provement, by the Federal Supreme Court, of representation of the Attorney General of the Republic, in the art hypothesis. 34, VII, and in the case of refusal to the execution of federal law.
IV-(Revogated).
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" Art. 52 .....................................................
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II process and judge the Ministers of the Federal Supreme Court, the members of the National Council of Justice and of the Council National of the Public Prosecutor's Office, the Attorney General of the Republic and the Advocate General of the Union in the crimes of responsibility;
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" Art. 92 ....................................................
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I-A-the National Council of Justice;
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§ 1º The Supreme Court, the National Council of Justice and the Superior Courts have headquarters in the Federal Capital.
§ 2º The Supreme Court and the Higher Courts have jurisdiction throughout the national territory. " (NR)
" Art. 93. ...................................................
I-entering the career, whose initial post will be that of substitute judge, upon public tender of evidence and titles, with the participation of the Order of Lawyers of Brazil in all phases, requiring the bachelor's degree in law, at minimum, three years of legal activity and obeying, in the nominations, to the order of classification;
II-.............................................................
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c) afferition of the mercer as per the performance and the objective criteria of productivity and prestness in the exercise of the jurisdiction and for the frequency and use in official or recognized courses of improvement;
d) in the antique probe, the court will only be able to refuse the older judge by the reasoned vote of two thirds of its members, as per own procedure, and secured ample defense, repeating the vote until fixed the nomination;
e) will not be promoted the judge who, unjustifiably, retains autos in his power beyond the legal deadline, may not return them to the carthorium without due dispatch or decision;
III-the access to the second-degree courts will be for antique and merging, alternately, ascertained in the last or the single entrance;
IV-prediction of official courses of preparation, improvement, and promotion of magistrates, constituting mandatory step of the vitalization process the participation in official course or recognized by national school of training and improvement of magistrates;
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VII-the titular judge will reside in the respective comarch, unless authorization from the court;
VIII-the act of removal, availability, and retirement of the magistrate, for public interest, shall be founded in decision by vote of the absolute majority of the respective court or of the National Council of Justice, secured ample defence;
VIII-A-a removal on request or the commute magistrates' exchange of equal entrancy will meet, in what couber, by the provisions of the paragraphs to, b, c and and of the inciso II;
IX-all judgements of the organs of the judiciary will be public, and substantiated all decisions, under penalty of nullity, and the law may limit the presence, in certain acts, to the parties themselves and to their lawyers, or only to these, in cases in which the preservation of the right to intimacy of the person concerned in secrecy shall not prejudice the public interest to the information;
X-the decisions administrative courts of the courts will be motivated and in public session, being the disciplars taken by the vote of the absolute majority of its members;
XI-in the courts with no more than twenty-five judgers, special organ may be constituted, with the minimum of eleven and the maximum of twenty-five members, for the exercise of the administrative and jurisdictional assignments delegated to the competence of the full court, providing half of the vacancies by antique and the other half by election by the full court;
XX_ENCODE_CASE_One jurisdictional activity will be uninterrupted, being vetted collective holidays in the judgements and second-degree courts, functioning, in the days when there is no normal forensic expedient, judges on permanent duty;
XIII-the number of judges in the jurisdictional unit will be proportional to the effective judicial demand and the respective population;
XIV the servers will receive delegation to the practice of acts of administration and acts of mere expediency without decision-making character;
XV-the distribution of processes will be immediate, in all degrees of jurisdiction. " (NR)
" Art. 95. ...................................................
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Paragraph single. To the judges is vetted:
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IV-receive, to any title or pretext, aid or contributions of physical persons, public or private entities, resourced the exceptions provided in law;
V-exercise advocacy in the judgment or court of which it has moved away, before decorating three years of the removal of the office by retirement or exoneration. " (NR)
" Art. 98. ....................................................
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§ 1º (old single paragraph) ........................
§ 2º The expense and emoluments will be destined exclusively to the costing the services affections to the specific activities of Justice. " (NR)
" Art. 99. ....................................................
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§ 3º If the organs referred to in § 2º do not forward the respective budget proposals within the time frame set out in the budget guideline law, the Executive Power will consider, for purposes of consolidation of the annual budget proposal, the values approved in the current budget law, adjusted according to the limits stipulated in the form of § 1º of this article.
§ 4º If the proposals budget of which it treats this article are routed at odds with the limits stipulated in the form of § 1º, the Executive Power will make the necessary adjustments for the purposes of consolidation of the annual budget proposal.
§ 5º During the budget execution of the exercise, it cannot there is the realization of expenses or the assumption of obligations that extrapolate the limits set forth in the budget guideline law, except if previously authorized, upon opening of supplementary or special credits. " (NR)
" Art. 102. ..................................................
I-..............................................................
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h) (Revoked)
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r) the actions against the National Council of Justice and against the National Council of the Public Prosecutor's Office;
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III-............................................................
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d) judge valid local law challenged in the face of federal law.
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§ 2º The definitive decisions of merit, handed down by the Supreme Court, in the direct actions of unconstitutionality and in the declaratory actions of constitutionality will yield effectiveness against all and binding effect, regarding the remaining organs of the Judiciary Branch and direct and indirect public administration, in the federal, state and municipal spheres.
§ 3º In the extraordinary resource the appellant should demonstrate the general repercussion of the constitutional issues discussed in the case, pursuant to the law, in order for the Court to examine the admission of the appeal, only to refuse it by the two-thirds manifestation of its members. " (NR)
" Art. 103. They can propose the direct action of unconstitutionality and the declaratory action of constitutionality:
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IV-the Legislative Assembly or Legislative Chamber of the Legislative Federal District;
V-the Governor of State or the Federal District;
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§ 4º (Revogated). " (NR)
" Art. 104. .................................................
Paragraph single. The Ministers of the Superior Court of Justice shall be appointed by the President of the Republic, among Brazilians with more than thirty-five and less than sixty five years, of outstanding legal knowledge and reputation ilibada, after approved the choice by the absolute majority of the Federal Senate, being:
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" Art. 105. ...................................................
I-...............................................................
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i) the homologation of foreign sentences and the granting of exequatur to the letters rogatory;
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III-.............................................................
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b) judging valid local government act in the face of federal law;
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Paragraph single. They will work with the Superior Court of Justice:
I-the National School for Training and Improvement of Magistrates, with it, among other functions, to regulate the official courses for admission and career promotion;
II-the Federal Justice Council, exercising it, in the form of the law, the administrative and budgetary supervision of the Federal Justice of first and second degrees, as the central body of the system and with correctional powers, whose decisions will have binding character. " (NR)
" Art. 107. ...................................................
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§ 1º (old single paragraph) ........................
§ 2º The Federal Regional Courts will install justice itinerant, with the fulfillment of audiences and too many functions of the jurisdictional activity, in the territorial limits of the respective jurisdiction, serving themselves of public and community equipment.
§ 3º The Federal Regional Courts will be able to function decentralized, constituting regional Chambers, in order to ensure the full access of the jurisdictional to justice at all stages of the process. " (NR)
" Art. 109. ....................................................
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V-A-the causes concerning human rights referred to in § 5º of this article;
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§ 5º In the hypotheses of serious human rights violation, the Attorney General of the Republic, with the purpose of ensuring the fulfillment of obligations arising from international human rights treaties of which Brazil is a party, may raise, before the Superior Court of Justice, at any stage of the inquiry or process, incident of displacement of competence for Federal Justice. " (NR)
" Art. 111. ......................................................
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§ 1º (Revogated).
§ 2º (Revogated).
§ 3º (Revogated). " (NR)
" Art. 112. The law will create balconies of the Justice of the Labor, and may, in the comarches not covered by its jurisdiction, assign it to the judges of law, with recourse to the respective Regional Court of T rabalho. " (NR)
" Art. 114. It is incumbent on the Justice of the Work to prosecute and judge:
I-the actions arising from the working relationship, covered by the external public law and direct and indirect public administration of the Union, the states, the Federal District and the Municipalities;
II-the actions involving exercise of the right of strike;
III-the actions on trade union representation, between trade unions, between unions and workers, and between unions and employers;
IV-the security warrants, habeas corpus and habeas date, when the questioned act involves matter subject to its jurisdiction;
V-the conflicts of competence between organs with labor jurisdiction, ressaving the provisions of the art. 102, I, o;
VI-the actions of compensation for moral or heritage damage, arising from the working relationship;
VII-the actions relating to administrative penalties imposed on employers by the supervisory bodies of labour relations;
VIII-the execution, of ofice, of predicted social contributions in the art. 195, I, a, and II, and its legal additions, arising from the sentences it utches;
IX-other controversies arising out of the working relationship, in the form of the law.
§ 1º ..........................................................
§ 2º Refusing any of the parties to collective bargaining or to the arbitration, is provided to the same, by mutual agreement, to help collective dissent of an economic nature, and the Justice of the Labor may decide the conflict, respected the minimum legal provisions of protection of the work, as well as the conventionsof previously.
§ 3º In the event of a strike in essential activity, with possibility of injury of the public interest, the Public Prosecutor's Office will be able to help collective dissent, competing for the Justice of the Work to decide the conflict. " (NR)
" Art. 115. The Regional Labour Courts make up, at the very least, seven judges, recruited, when possible, in the respective region, and appointed by the President of the Republic of Brazilians with more than thirty and under sixty five years, being:
I-a fifth among lawyers with more than ten years of effective professional activity and members of the Public Prosecutor's Office with more than ten years of effective exercise, noted the provisions of the art. 94;
II-os too many, upon promotion of judges of the work by antiquity and merging, alternately.
§ 1º The Regional Labour Courts will install the itinerant justice, with the holding of hearings and too many functions of jurisdictional activity, in the territorial limits of the respective jurisdiction, serving themselves from public and community equipment.
§ 2º The Regional Labour Courts will be able to function devolutionately, constituting regional Chambers, in order to ensure the full access of the jurisdictional to justice at all stages of the proceedings. " (NR)
" Art. 125. ................................................
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§ 3º state law will be able to create, upon proposal of the T rites of Justice, the state Military Justice, constituted, in first degree, by the judges of law and by the Boards of Justice and, in the second degree, by the Court of Justice itself, or by the Court of Military Justice in those states where the military effector is superior to twenty thousand members.
§ 4º Compete to state Military Justice process and judging the military of the states, in the military crimes defined in law and the lawsuits against military disciplinary acts, resurred the jurisdiction of the jury when the victim is civil, by having the competent court decide on the loss of the post and rank of the officers and the graduation of the squares.
§ 5º Compete to the judges of law of military judgment to prosecute and judge, singularly, the military crimes committed against civilians and the lawsuits against military disciplinary acts, cabling to the Council of Justice, under the chairmanship of law judge, prosecute and judge the remaining military crimes.
§ 6º The Court of Justice will be able to function decentralizedly, constituting regional Chambers, in order to ensure full access from the jurisdictional to justice at all stages of the process.
§ 7º The Court of Justice will install itinerant justice, with the holding of hearings and too many functions of the jurisdictional activity, in the territorial limits of the respective jurisdiction, serving as public and community equipment. " (NR)
" Art. 126. To drive land conflicts, the Court of Justice will propose the creation of specialized sticks, with exclusive competence for agrarian matters.
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" Art. 127. ...............................................
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§ 4º If the Public Prosecutor's Office does not forward the respective budget proposal within the time frame set in the law of budget guidelines, the Executive Power will consider, for purposes of consolidation of the annual budget proposal, the values approved in the current budget law, adjusted according to the limits stipulated in the form of § 3º.
§ 5º If the budget proposal of which treats this article is routed at odds with the limits stipulated in the form of § 3º, the Executive Power will make the necessary adjustments for the purposes of consolidating the annual budget proposal.
§ 6º During the budget execution of the exercise, it cannot there is the realization of expenses or the assumption of obligations that extrapolate the limits set forth in the budget guideline law, except if previously authorized, upon opening of supplementary or special credits. " (NR)
" Art. 128. ..................................................
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§ 5º ...........................................................
I -...............................................................
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b) inamovibility, saved by reason of public interest, upon decision by the competent collegiate body of the Ministry Public, by the vote of the absolute majority of its members, assured ample defense;
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II-..............................................................
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e) exert politico-partisan activity;
f) receive, to any title or pretext, aids or contributions from physical persons, public or private entities, resourced the exceptions provided for in law.
§ 6º Applies to members of the Public Prosecutor's Office the provisions of the art. 95, single paragraph, V. " (NR)
" Art. 129. ....................................................
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§ 2º The functions of the prosecutor's office can only be exercised by career members, who are expected to reside in the comarch of the respective lotion, save permission from the head of the institution.
§ 3º The ticket in the career of the Public Prosecutor's Office will be far from the public tender of proofs and titles, ensured the participation of the Order of the Lawyers of Brazil in its realization, requiring the bachelor's degree in law, at minimum, three years of legal activity and observing, in the nominations, the order of classification.
§ 4º Applies to the Public Prosecutor's Office, in what couber, the provisions of the art. 93.
§ 5º The distribution of processes in the Prosecutor's Office will be immediate. " (NR)
" Art. 134. ......................................................
§ 1º (old single paragraph) ............................
§ 2º At the State Public Defensors are ensured functional and administrative autonomy and the initiative of their proposal budget within the limits set in the law of budgetary guidelines and subordination to the provisions of the art. 99, § 2º. " (NR)
" Art. 168. The resources corresponding to the budgetary allocations, understood supplementary and special credits, for the organs of the Legislative And Judiciary Powers, of the Public Prosecutor's Office and Public Defensorship, shall be delivered by the day 20 of each month, in twelfth, in the form of the supplementary law referred to in art. 165, § 9º. " (NR)
Art. 2º The Federal Constitution passes the increased invigoration of the following arts. 103-A, 103-B, 111-A and 130-A:
" Art. 103-A. The Supreme Court may, from office or by provocation, upon decision by two-thirds of its members, after repeated rulings on constitutional matter, to approve subjects that, from its publication in the official press, shall take effect binding in relation to the remaining organs of the Judiciary Branch and the direct and indirect public administration, in the federal, state and municipal spheres, as well as to proceed to their review or cancellation in the form established in law.
§ 1º The sucking will be aimed at validity, interpretation and effectiveness of determined standards, about which there is current controversy between judicial bodies or between those and the public administration that carries serious legal insecurity and relevant multiplication of processes on identical question.
§ 2º Without prejudice to what comes to be established in law, the approval, revision or cancellation of supmulation could be provoked by those who can propose direct action of unconstitutionality.
§ 3º From the administrative act or court decision that contravenes the applicable supine or which unduly applies, will fit complaint to the Supreme Court that, judging it proceeded, will annul the administrative act or cassate the claimant court ruling, and determine that another is handed down with or without the application of the pleading, as the case may be. "
" Art. 103-B. The National Council of Justice comprises of fifteen members over thirty-five and less than sixty-six years of age, with two-year tenure, admitted to a redrive, being:
I-a Minister of the Federal Supreme Court, appointed by the respective court;
II-a Minister of the Superior Court of Justice, indicated by the respective court;
III-a Minister of the Superior Court of Labour, appointed by the respective court;
IV-a Court disembark of Justice, indicated by the Supreme Court;
V-a state judge, appointed by the Supreme Court;
VI-a judge of Federal Regional Court, indicated by Superior Court of Justice;
VII-a federal judge, appointed by the Superior Court of Justice;
VIII-a Justice of the Regional Labour Court, indicated by the Superior Court of Labour;
IX-a judge of the work, indicated by the Superior Court of the Work;
X-a member of the Ministry Union public, indicated by the Attorney General of the Republic;
XI-a member of the State Public Prosecutor's Office, chosen by the Attorney General of the Republic among the names indicated by the competent body of each state institution;
XII-two lawyers, indicated by the Federal Council of the Order of the Lawyers from Brazil;
XIII-two citizens, from outstanding legal know-how and reputation ilibada, indicated one by the House of Representatives and another by the Federal Senate.
§ 1º The Council will be chaired by the Minister of the Supreme Court, who will vote in the event of a tie-up, getting excluded from the distribution of proceedings in that court.
§ 2º The members of the Council will be appointed by the President of the Republic, after approved the choice by the absolute majority of the Federal Senate.
§ 3º Not effected, in the legal deadline, the particulars provided in this article, will fit the choice to the Supreme Court.
§ 4º Compete to the Board the control of acting administrative and financial of the Judicial Power and the fulfilment of the functional duties of the Judges, in addition to other assignments conferred upon it by the Statute of the Magistrature:
I-ensure the autonomy of the judiciary and the fulfillment of the Status of the Magistrature, and may exclaim regulatory acts, within the framework of its competence, or recommend providence;
II-ensure the observance of the art. 37 and appreciate, of trade or upon provocation, the legality of the administrative acts carried out by members or organs of the Judiciary May, may disconstitute them, revise them or set deadline for them to adopt the necessary arrangements to the exact compliance with the law, without prejudice to the competence of the Court of Auditors of the Union;
III-receive and know of the complaints against members or organs of the Judiciary Branch, including against its ancillary services, serventias and bodies notarial and registry service providers that act by delegation of the public power or officiated, without prejudice to the disciplinary and correctional competence of the courts, and may avocate ongoing disciplinary proceedings and determine removal, availability or retirement with subsidies or proved proportional to the time of service and apply other administrative sanctions, assured broad defence;
IV-represent to the Public Prosecutor's Office, in the case of crime against public administration or abuse of authority;
V-review, of craft, or upon provocation, the disciplinary proceedings of judges and members of courts judged less than a year ago;
VI-elaborately elaborated statistical report on prolated processes and sentences, per unit of the Federation, in the different organs of the judiciary;
VII-elaboration of annual report, proposing the arrangements that judging necessary, on the situation of the judiciary in the Country and the activities of the Council, which should integrate message from the President of the Supreme Court to be remitted to the National Congress, on the occasion of the opening of the session legislative.
§ 5º The Minister of Upper Court of Justice shall exercise the function of Minister-Corregedor and shall be excluded from the distribution of proceedings in the Court, and shall compete with him, in addition to the assignments conferred upon him by the Statute of the Magistrature, the following:
I-receive the complaints and complaints, from any interested, concerning magistrates and judicial services;
II-exercise executive functions of the Board, of inspection and of general concealment;
III-requisite and assign magistrates, delegating to assignments, and requisitioning judge's servers or courts, inclusive in the states, Federal District and Territories.
§ 6º Join to the Council shall officiate the Attorney General of the Republic and the President of the Federal Council of the Order of Advogados of Brazil.
§ 7º The Union, including in the Federal District and the Territories, will create hearing justice, competent to receive complaints and complaints from any interested against members or organs of the Judiciary Branch, or against its ancillary services, representing directly to the National Council of Justice. "
" Art. 111-A. The Superior Court of Labor comprises of twenty-seven Ministers, chosen from among Brazilians with more than thirty-five and less than sixty five years, appointed by the President of the Republic after approval by the absolute majority of the Senate Federal, being:
I-a fifth among attorneys with more than ten years of effective professional activity and members of the Public Prosecutor's Office with more than ten years of effective exercise, noted the provisions of the art. 94;
II-the rest of the judges of the Regional Tribunals of T rabalho, coming from the career magistrate, indicated by the Superior Court itself.
§ 1º The law will have on the competence of the Superior Court of Labor.
§ 2º They will work with the Superior Court of Labor:
I-the National Graduate School of Training and Improvement of Labour Magistrates, with it, among other functions, to regulate the official courses for admission and promotion in career;
II-the Superior Council of Labor Justice, how to exercise, in the form of the law, the administrative, budgetary, financial and patrimonial supervision of the Justice of the Labor of first and second degrees, as the central body of the system, whose decisions will have binding effect. "
" Art. 130-A. The National Council of the Public Prosecutor's Office comprises of fourteen members appointed by the President of the Republic, after approved the choice by the absolute majority of the Federal Senate, for a two-year term, admitted a redrive, being:
I-the Attorney General of the Republic, that the preside;
II-four members of the Union Public Prosecutor's Office, assured the representation of each of their careers;
III-three members of the Public Prosecutor's Office of the states;
IV-two judges, indicated one by the Federal Supreme Court and another by the Superior Court of Justice;
V-two lawyers, indicated by the Council Federal of the Order of Lawyers of Brazil;
VI-two citizens of outstanding know legal and reputation ilibada, indicated one by the House of Representatives and another by the Federal Senate.
§ 1º Council members coming from the Public Prosecutor's Office will be nominated by the respective Public Ministries in the form of the law.
§ 2º Compete to the National Council of the Prosecutor's Office the control of the administrative and financial performance of the Public Prosecutor's Office and the fulfillment of the functional duties of its members, by fit to it:
I-ensure the functional and administrative autonomy of the Public Prosecutor's Office, and may exclaim regulatory acts, in the framework of your competence, or recommend providence;
II-ensure the observance of art. 37 and to appreciate, of trade or by provocation, the legality of administrative acts carried out by members or bodies of the Public Prosecutor's Office of the Union and States, and may disconstitute them, revise them or set deadline for the arrangements to be adopted necessary for the exact compliance of the law, without prejudice to the competence of the Courts of Accounts;
III-receive and know of the complaints against members or bodies of the Union Public Prosecutor's Office or the States, inclusive against its ancillary services, without prejudice to the disciplinary and correctional competence of the institution, and may avocate ongoing disciplinary proceedings, determine the removal, availability or retirement with proportional or proportional subsidies to the time of service and to apply other administrative sanctions, assured broad defence;
IV-review, of offending or upon provocation, the disciplinary proceedings of members of the Union Public Prosecutor's Office or of the States judged less than one year ago;
V-elaborate annual report, proposing the providences that judge necessary on the situation of the Public Prosecutor's Office in the Country and the activities of the Council, which should integrate the message provided for in the art. 84, XI.
§ 3º The Council will choose, in secret ballot, a national Corregedor, among the members of the Public Prosecutor's Office who integrate it, vetting the redrive, by competing with it, in addition to the attributions given to it by the law, the following:
I-receive complaints and complaints, from any interested, concerning members of the Public Ministry and its ancillary services;
II-exercise executive functions of the Board, of inspection and general correctness;
III-requisite and assign members of the Public Ministry, delegating to them assignments, and requisitioning organ servers from the Prosecutor's Office.
§ 4º The President of the Federal Council of the Order of Lawyers of Brazil will officiate at the Council.
§ 5º Laws of the Union and the States will create listeners of the Public Prosecutor's Office, competent to receive complaints and complaints from any interested against members or organs of the Public Prosecutor's Office, including against its ancillary services, representing directly to the National Council of the Public Prosecutor's Office. "
Art. 3º The law will create the Labor Executives Guarantee Fund, integrated by the fines stemming from labor and administrative convictions arising from labour audit, in addition to other revenue.
Art. 4º Become extinct the Allies Courts, where there is, by passing its members to integrate the Courts of Justice of the respective states, respected the antique and class of origin.
Paragraph single. Within the period of one hundred and eighty days, counted from the promulgation of this Amendment, the Courts of Justice, by administrative act, will promote the integration of the members of the extinguished courts into their cadres by fixing them the competence and remitting, in equal deadline, to the Legislative Power, proposed amendment of the corresponding organization and judicial division, secured the rights of the inactives and pensioners and the harnessing of the servers in the state judiciary.
Art. 5º The National Council of Justice and the National Council of the Public Prosecutor's Office will be installed within one hundred and eighty days from the promulgation of this Amendment, owing to the appointment or choice of its members being effected up to thirty days prior to the Final term.
§ 1º Not effected the indications and choice of the names for the National Councils of Justice and the Public Prosecutor's Office within the time limit set in the caput of this article, it will respectively be up to the Federal Supreme Court and the Union Public Prosecutor's Office to carry out them.
§ 2º Until that between in force the Statute of the Magistrature, the National Council of Justice, upon resolution, shall discipline its functioning and shall define the attributions of the Minister-Corregedor.
Art. 6º The Superior Council of Labour Justice shall be installed within the term of one hundred and eighty days, and it shall be up to the Superior Court of Labour to regulate its operation by resolution, while not promulgated with the law referred to in art. 111-A, § 2º, II.
Art. 7º The National Congress will install, immediately after the promulgation of this Constitutional Amendment, Joint Special Committee, aimed at elaborating, in one hundred and eighty days, the bills necessary for the regulation of the matter in it treated, as well as promoting changes in federal legislation objecting to making it broader to access justice and more Celere the jurisdictional provision.
Art. 8º The current Supreme Court's supmules will only produce binding effect after their confirmation by two-thirds of their members and publication in the official press.
Art. 9º The inciso IV of the art is revoked. 36; the point h of the inciso I of the art. 102; the § 4º of the art. 103; and the § § 1º to 3º of the art. 111.
Art. 10. This Constitutional Amendment comes into effect on the date of its publication.
Brasilia, on December 8, 2004
Chamber of Deputies
Deputy Joao Paulo Cunha
President
Deputy Inocence de Oliveira
1º Vice President
Assemblyman Luiz Piauhylino
2º Vice President
Assemblyman Geddel Vieira Lima
1º Secretary
Assemblyman Severino Cavalcanti
2º Secretary
Assemblyman Nilton Capixaba
3º Secretary
Assemblyman Ciro Nogueira
4º Secretary
Federal Senate Mesa
Senator Jose Sarney
President
Senator Paulo Paim
1º Vice-President
Senator Eduardo Siqueira Campos
2º Vice-President
Senator Romeu Tuma
1º Secretary
Senator Alberto Silva
2º Secretary
Senator Heracclito Fortes
3º Secretary
Senator Sérgio Zambiasi
4º Secretary
