LEI NO. 10,259, OF July 12, 2001

Disposes on the institution of the Juvenile Specials Cible and Criminals in the framework of Federal Justice.

THE PRESIDENT OF THE REPUBLIC

I do know that the National Congress decrees and I sanction the next Act:

Art. 1º Are established the Special Juvenile Courts and Criminal Justice of the Federal Justice, to which it applies, in which it does not conflict with this Act, the provisions of Law No. 9,099, 26 of september 1995.

Art. 2º Compete the Juized Special Federal Criminal prosecute and judge the Federal Justice's accomplishments concerning the infractions of lesser offensive potential.

Single paragraph. They consider infractions of lesser potential offensive, for the purposes of this Act, the crimes to which the law comines maximum sentence not exceeding two years, or fine.

Art. 3º Compete to the Juized Special Federal Cable processing, reconciling and judging causes of jurisdiction of the Federal Justice up to the value of sixty minimum wages, as well as carrying out its sentences.

§ 1º Do not include in the competency of Special Juized Cable the causes:

I-referred to in art. 109, incisies II, III and XI, of the Federal Constitution, the actions of security warrant, of misappropriation, of division and demarcation, popular, fiscal executions and for administrative improbity and the demands on diffuse rights or interests, homogeneous collectives or individual;

II-on real estate of the Union, authorities, and federal public foundations;

III-for the annulment or cancellation of federal administrative act, save that of a previdentiary nature and that of tax release;

IV-which have as object the challenge of dismissal penalty imposed on public servants civil or disciplinary sanctions applied to the military.

§ 2º When the pretension to be versed on vincense bonds, for the purposes of competence of the Special Juized, the sum of twelve plots will not be able exceed the value referred to in art. 3º, caput.

§ 3º At the venue where the Special Juized Vara is installed, its competence is absolute.

Art. 4º The Judge may, of trade or the application of the parties, defer cautionary measures in the course of the proceedings, to prevent damage from difficult repair.

Art. 5º Except in the cases of art. 4º, will only be admitted to the definitive sentence appeal.

Art. 6º Can be parties to the Federal Cable Special Juized:

I-as authors, physical persons and microenterprises and small-sized enterprises, thus defined in Law No. 9,317 of December 5, 1996;

II-as rés, the Union, authorities, foundations and public enterprises Federal.

Art. 7º The quotes and subpoenas of the Union will be made in the form predicted in the arts. 35 a 38 of the Supplementary Act No. 73, of February 10, 1993.

Single paragraph. The citation of the authorities, foundations and public companies shall be made in the person of the maximum representative of the entity, at the place where proposed the cause, when there installed his office or representation; if not, at the headquarters of the entity.

Art. 8º The parties will be subpoenaed from the sentence, when not prowound this at the hearing where their representative is present, by ARMP (receiving notice on their own hand).

§ 1º The remaining subpoenas of the parties will be made in the person of the attorneys or of the Attorneys who officiate in the respective autos, either personally or by post.

§ 2º The courts will be able to arrange service of subpoena of the parties and receiving petitions by electronic means.

Art. 9º There will be no differential deadline for the practice of any procedural act by the legal persons of public law, including the interposition of resources, and the citation for conciliation hearing shall be effected in a minimum of thirty days ' notice.

Art. 10. The parties will be able to designate, in writing, representatives for the cause, lawyer or not.

Single paragraph. The judicial representatives of the Union, authorities, foundations and federal public companies, as well as the nominees in the form of the caput, are allowed to reconcile, transigir or give up, in the processes of the competence of Special Juenists Feds.

Art. 11. The public entity ré shall provide the Juized with the documentation of which it is available for the clarification of the cause by presenting it until the installation of the conciliation hearing.

Single paragraph. For the hearing of the composition of the damage resulting from criminal illicit (arts. 71, 72 and 74 of Law No. 9,099 of September 26, 1995), the representative of the entity appearing to be empowered to wake up, give up or transigir, in the form of the art. 10.

Art. 12. To effect the necessary technical examination of the conciliation or the judgment of the cause, the Judge shall appoint empowered person, who shall present the laude up to five days before the hearing, regardless of subpoena of the parties.

§ 1º Technician's fees will be anticipated to the respective Court's budget bill and, when won in the cause the public entity, its value will be included in the order of payment to be made in favor of the Tribunal.

§ 2º In the previdionary and relative social assistance, there shall be the examination designation, shall be the parties subpoenaed to, in ten days, present quesitons and indicate assistants.

Art. 13. In the causes of which it treats this Act, there will be no re-examination required.

Art. 14. It will be called for uniformity of federal law interpretation when there is divergence between decisions on matters of material law handed down by Recursal Turks in the interpretation of the law.

§ 1º The application founded on divergence between Turks from the same Region will be judged in joint meeting of the Turks in conflict, under the chairmanor of the Coordinating Judge.

§ 2º The application founded on divergence between decisions of classes of different regions or from the prowound in contrariness to the supine or dominant jurisprudence of the STJ will be judged by Turma of Uniformization, integrated by Judges of Recursal Turks, under the Chair of the Federal Judicial Coordinator.

§ 3º The meeting of judges domiciled in diverse cities will be done by the electronic route.

§ 4º When the orientation hosted by the Turma of Uniformization, in matters of material law, contravenes suppressing or dominant jurisprudence in the Superior Court of Justice -STJ, the interested party will be able to provoke the manifestation of this, which will drive the divergence.

§ 5º In the case of § 4º, present the plausibility of the right invoked and there is founded fear of damage from difficult repair, may the rapporteur grant, of trade or the application of the interested, liminal measure determining the suspension of the processes in which the controversy is established.

§ 6º Eventual applications of identical uniformity, received subsequently in any Recursal Turks, will be retained in the autos, awaiting pronouncement from the Superior Court of Justice.

§ 7º If necessary, the rapporteur will ask the President of the Recursal Class for information or Unification Turbator Coordinator and will listen to the Public Prosecutor's Office, within five days. Any interested persons, even if they are not parties to the proceedings, will be able to express themselves, within thirty days.

§ 8º Decoration of the time limits referred to in § 7º, the rapporteur shall include the application in tariff in the Section, with a preference over all the rest made, re-salvaged the processes with arrested defendants, the habeas corpus and the security warrants.

§ 9º Published the respective judgment, the applications withheld referred to in § 6º shall be appreciated by the Recursary Turks, who will be able to exercise retracting judgment or declare them impaired, if they veered thesis not hosted by the Superior Court of Justice.

§ 10. The Regional Courts, the Superior Court of Justice and the Supreme Court, within the framework of its competences, will expedite standards by regulating the composition of the organs and the procedures to be adopted for the processing and judgment of the application for uniformity and the extraordinary resource.

Art. 15. The extraordinary appeal, for the purposes of this Act, will be processed and judged according to the established us in § § 4º to 9º of the art. 14, in addition to the observance of the rules of the Rules.

Art. 16. Compliance with the agreement or sentencing, with transit on trial, which impose an obligation to do, do not do or deliver the right thing, will be effected upon an offending of the Judge to the authority cited for the cause, with copy of the sentence or the agreement.

Art. 17. Dealing with an obligation to pay certain amount, after transit on trial of the decision, the payment will be effected within sixty days, counted from the delivery of the requisition, by order of the Judge, to the authority cited for the cause, in the agency more close to the Federal Economic Box or the Bank of Brazil, regardless of precatory.

§ 1º For the effects of § 3º of the art. 100 of the Federal Constitution, the bonds there as defined as of small value, to be paid regardless of precatory, shall have as a limit the same value set out in this Act for the competence of the Federal Cable Special Juized (art. 3º, caput).

§ 2º Unmet the judicial requisition, the Judge shall determine the hijacking of the cash sufficient to the fulfillment of the decision.

§ 3º Are vdata the fractionation, apportionment or breach of the value of the execution, so that the payment is made, in part, in the form set out in § 1º of this article, and partly upon dispatch of the precatory, and the expedition of supplementary or supplementary precatory of the value paid.

§ 4º If the value of the execution exceeds that set out in § 1º, the payment will always be by way of the precatory, being provided to the part exequates the waiver to the credit of the surplus value, so that it can opt for payment of the balance without the precatory, in the manner provided there.

Art. 18. The Special Juvs will be installed by decision of the Federal Regional Court. The Judge President of the Juized shall designate the conciliators for the period of two years, admitted to redriving. The exercise of these functions shall be free of charge, assured of the rights and prerogatives of the juror (art. 437 of the Code of Criminal Procedure).

Single paragraph. Will be installed Jude Special Adjoined in the localities whose forensic movement does not justify the existence of Special Juized, by having the Tribunal designate the Vara where it will function.

Art. 19. Within six months of the publication of this Act, Special Juvates shall be installed in the capitals of States and in the Federal District.

Single paragraph. In the capital of states, in the Federal District and in other cities where it is necessary, in the latter case, by decision of the Federal Regional Court, will be installed Juised with exclusive jurisdiction for pension actions.

Art. 20. Where there is no Federal Vara, the cause can be proposed in the Federal Special Juized closest to the venue set in the art. 4º of Law No. 9,099 of September 26, 1995, vetted the application of this Law in the state judgment.

Art. 21. Recursal Classes will be instituted by decision of the Federal Regional Court, which will define its composition and area of competence, and may cover more than one section.

§ 1º Will not be allowed to redriving, save when there is no other judge at the Recursal Class or Region.

§ 2º The designation of the judges of the Recreational Classes will comply with the criteria of antique and meritness.

Art. 22. The Special Jewishings will be coordinated by Judge of the respective Regional Court, chosen by their peers, with two-year term.

Single Paragraph. The Federal Judge, when they require the circumstances, could determine the functioning of the Special Judge in itinerant character, upon prior authorization of the Federal Regional Court, in advance of ten days.

Art. 23. The Federal Justice Council will be able to limit, for up to three years, counted from the publication of this Law, the competence of the Special Juvenile Courts, meeting the necessity of the organization of the judicial or administrative services.

Art. 24. The Center for Judicial Studies of the Federal Justice Council and the Magistrates ' Schools of the Federal Regional Courts will create computer programs necessary to subsidize the instruction of the causes submitted to the Juized and promote outreach courses intended for its magistrates and servers.

Art. 25. They will not be referred to the Special Judees the demands helped until the date of their installation.

Art. 26. It will compete for the Federal Regional Courts to provide the necessary administrative support for the functioning of the Special Judaes.

Art. 27. This Act comes into force six months after the date of its publication.

Brasilia, July 12, 2001; 180º of Independence and 113º of the Republic.

FERNANDO HENRIQUE CARDOSO

Paulo from Tarsus Ramos Ribeiro

Roberto Brant

Gilmar Ferreira Mendes