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Page:Constitution of the United States of Brazil (1946).djvu/11

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§ 1. This special court may be extended to civilians in cases provided in the law, for the repression of crimes against the external security of the Country or against its military institutions.

§ 2. The law shall regulate the application of the penalties of military legislation in time of war.

SECTION V
Electoral Judges and Courts

Art. 109—The organs of electoral justice are:

I—Superior Electoral Court;

II—Regional Electoral Courts;

III—electoral boards;

IV—electoral judges.

Art. 110—The Superior Electoral Court, with seat in the Capital of the Republic, shall be composed:

I—by election in secret ballot:

a)—of two judges chosen by the Federal Supreme Court, from among its Ministers;

b)—of two judges selected by the Federal Court of Appeals, from among its judges;

c)—and of one judge by the Court of Appeals of the Federal District from among its judges.

II—by appointment of the President of the Republic, of two from among six citizens of notable juridical learning and spotless reputation who may not be incompatible by law, indicated by the Federal Supreme Court.

Sole Paragraph—The Electoral Supreme Court shall elect as its President one of the two justices of the Federal Supreme Court, and its vice-presidency shall fall to the other.

Art. 111—There shall be a Regional Electoral Court in the capital of each State and in the Federal District.

Sole Paragraph—Upon proposal of the Electoral Superior Court, a Regional Electoral Court may be created by law in the capital of any Territory.

Art. 112—The Regional Electoral Courts shall be composed:

I—by election in secret ballot:

a)—of three judges chosen by the Tribunal of Justice from among its members;

b)—of two judges chosen by the Tribunal of Justice from among the judges of law.

II—by appointment of the President of the Republic, of two from among six citizens of notable juridical learning and spotless reputation, who may not be incompatible by law, indicated by the Tribunal of Justice.

Sole Paragraph—The President and the Vice President of the Regional Electoral Court shall be chosen among the three chief judges of the Tribunal of Justice.

Art. 113—The number of judges of the electoral courts shall not be reduced, but it may be increased, up to nine, upon proposal of the Superior Electoral Court and in the form suggested by it.

Art. 114—The judges of the electoral courts, unless there should be a justified reason, shall serve, compulsorily for two years and may not serve for more than two consecutive two-year periods.

Art 115—The alternates of the effective members of the Electoral Courts shall be chosen, on the same occasion and by the same process, in equal number for each category.

Art. 116—The organization of the electoral boards shall be regulated by law and shall be presided over by a judge of law, and their members shall be appointed, after approval of the Regional Electoral Court, by its President.

Art. 117—The judges of law shall have power to exercise, with full jurisdiction and in the form of the law, the functions of electoral judges.

Sole Paragraph—The law may grant other judges powers for functions other than those of decision.

Art. 118—For as long as they shall serve, the electoral magistrates shall enjoy, insofar as may be applicable to them, the guaranties established in Numbers I and II of Article 95, and, as such, shall not have other incompatibilities except those declared by law.

Art. 119—The law shall regulate the powers of the electoral judges and courts. Among the attributes of the electoral justice, shall be included:

I—the registry and cancellation of registry of political parties;

II—electoral division of the Country;

III—electoral registration;

IV—the fixing of the date of elections, when not determined by constitutional or legal provision;

V—the electoral process, the tallying of elections and the issuance of diplomas to those elected;

VI—cognizance and decision of allegations of ineligibility;

VII—the prosecution and judgment of electoral crimes and common crimes which may be connected therewith, and likewise those of "habeas corpus" and writ of security in electoral matters;

VIII—cognizance of complaints relative to obligations imposed by law upon political parties, with respect to their accounting and to the ascertainment of the origin of their funds.

Art. 120—Decisions of the Superior Electoral Court may not be appealed, except those which may declare the invalidity of a law or act contrary to the Federal Constitution, and those denying "habeas corpus" or writ of security, in which latter cases appeal may be had to the Federal Supreme Court.

Art. 121—Appeal may be had from the decisions of Regional Electoral Courts to the Supreme Electoral Court only when:

I—they be taken contrary to express provision of law;

II—there occur difference in interpretation of law between two or more electoral courts;

III—they bear upon the issuance of diploma in federal and state elections.

IV—deny "habeas corpus" or writ of security.

SECTION VI
Labor Judges and Courts

Art. 122—The organs of labor justice are:

I—Superior Labor Court;

II—Regional Labor Courts;

III—boards or judges of conciliation and judgment.

§ 1. The Superior Labor Court has its seat in the Federal Capital.

§ 2. The law shall fix the number of the Regional Labor Courts and their seats.

§ 3. The law shall establish the boards of conciliation and judgment and may attribute their functions to the judges of law in districts where boards are not established.

§ 4. Other organs of labor justice may be created by law.

§ 5. The constitution, investiture, jurisdiction, powers, guaranties and conditions of the exercise of organs of labor justice shall be regulated by law, preserving the equality of representation of employees and employers.

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