SECTION II
The Federal Supreme Court
Art. 98—The Federal Supreme Court, with seat in the Capital of the Republic and jurisdiction throughout the national territory, shall be composed of eleven justices. This number, upon the proposal of the Federal Supreme Court itself, may be increased by law.
Art. 99—The Justices of the Federal Supreme Court shall be appointed by the President of the Republic, after the selection has been approved by the Federal Senate, from among Brazilians (Article 129, I and II) of notable juridical wisdom and spotless reputation, who shall not be less than thirty-five years of age.
Art. 100—The Justices of the Federal Supreme Court, in crimes of their responsibility, shall be prosecuted and judged by the Federal Senate.
Art. 101—The Federal Supreme Court shall have power:
I—to prosecute and judge in first instance:
a)—the President of the Republic in common crimes;
b)—its own Justices and the Attorney General of the Republic in common crimes;
c)—the Ministers of State, the judges of the federal superior courts, the judges of the Tribunals of Justice of the States, of the Federal District and of the Territories, the Ministers of the Tribunal of Accounts and the chiefs of diplomatic mission in permanent character, both in common crimes and in those of their responsibility, except, with respect to the Ministers of State, that provided in the latter part of Article 92;
d)—litigation between foreign States and the Union, the States, the Federal District or the municipalities;
e)—cases and conflicts between the Union and the States or between these latter;
f)—conflicts of jurisdiction between judges or diverse federal tribunals of justice, between any federal judges or tribunals and those of the States, and between judges or tribunals of different States, including those of the Federal District and those of the Territories;
g)—extradition of criminals, requested by foreign States and the homologation of foreign sentences;
h)—habeas corpus, when the co-actor or the party restrained should be a court, an official, or authority whose acts may be directly subject to the jurisdiction of the Federal Supreme Court; in matters of crime subject to this same jurisdiction in sole instance; when there may be peril of violence being committed before another judge or court can take cognizance of the request;
i)—writs of security against acts of the President of the Republic, of the Administration of the Chamber or of the Senate and of the President of the Federal Supreme Court itself;
j)—the execution of sentences in cases of its original jurisdiction, it having the right to delegate the acts of procedure to an inferior judge or to another court;
k)—rescissory actions of its decisions.
II—to judge on ordinary appeal:
a)—writs of security and "habeas corpus" decided in final instance by local or federal courts when the decision is one of denial;
b)—cases decided by local judges based on contract or treaty between a foreign state and the Union, as well as those in which a foreign state and a person domiciled in the country may be parties;
c)—political crimes.
III—to judge on special appeal cases decided in sole or final instance by other courts or judges:
a)—when the decision is contrary to a provision of this Constitution or the text of a federal treaty or law;
b)—when question is raised as to the validity of the federal law under the Constitution, and the decision appealed denies application of the law impugned;
c)—when the validity of a law or act of a local government is impugned under this Constitution or under a federal law and the decision appealed holds the law or act valid.
d)—when in the decision appealed the interpretation of the federal law invoked is different from that which has been given to it by any of the other Judicial Tribunals or the Federal Supreme Court itself.
IV—to review in the interest of those condemned, its criminal decisions in completed proceedings.
Art. 102—With voluntary appeal to the Federal Supreme Court, its President shall have power to grant exequatur to letters rogatory from foreign tribunals.
SECTION III
The Federal Court of Appeals
Art. 103—The Federal Court of Appeals, with seat in the Federal Capital, shall be composed of nine judges, appointed by the President of the Republic, after their selection has been approved by the Federal Senate, two-thirds among magistrates and one-third among lawyers and members of the public ministry with the requirements of Article 99.
Sole Paragraph—The Court may divide itself into chambers or sections.
Art. 104—The Federal Court of Appeals shall have power:
I—to prosecute and judge in first instance:
a)—rescissory actions of its decisions;
b)—writs of security when the restraining authority is a minister of State, the Court itself or its President.
II—to judge on the level of appeal:
a)—cases decided in first instance, when the Union is involved as plaintiff or defendant, witness or opponent, except in matters of bankruptcy; and in matters of crimes committed against the property, services or interests of the Union, safeguarding the jurisdiction of the electoral and military justice;
b)—the decisions of local judges when denying "habeas corpus", and decisions issued in writs of security when the restraining authority indicated is federal.
III—to review in the interest of those convicted, its criminal decisions in completed proceedings.
Art. 105—The law may create, in different regions of the country, other Federal Courts of Appeals, through proposal of the court itself and with the approval of the Federal Supreme Court, fixing their seat and territorial jurisdiction and with the observance of the provisions of Articles 103 and 104.
SECTION IV
Military Judges and Tribunals
Art. 106—The Military Superior Court and the inferior tribunals and judges which the law may establish are organs of military justice.
Sole Paragraph—The law shall make provision regarding the number and the manner of selection of the military judges and magistrates of the Military Superior Court, who shall receive remuneration equal to that of the judges of the Federal Court of Appeals, and it shall determine the form of access of its auditors.
Art. 107—The irremovability assured to members of the Military Justice does not exempt them from the obligation to accompany the forces with which they are to serve.
Art. 108—The Military Justice shall have power to prosecute and judge military and similar persons in military crimes defined in the law.
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