Labour Courts and Judges

Article 111. The following are the bodies of Labour Justice:

1. the Superior Labour Court;
2. the Regional Labour Courts;
3. Labour Judges.

Article 111-A. The Superior Labour Court shall be composed of 27 Justices, chosen from among Brazilians over thirty-five and under 65 years of age, appointed by the President of the Republic after approval by the absolute majority of the Federal Senate, as follows:

1. 1/5 from among lawyers effectively practicing their professional activity for more than ten years and from among members of the Labour Public Prosecution with over 10 years of effective exercise, with due regard for the provisions of article 94
2. the others, from among career judges of the Regional Labour Courts, nominated by the Superior Labour Court.

Paragraph 1. The law shall make provisions for the powers of the Superior Labour Court. Paragraph 2. The following shall operate in conjunction with the Superior Labour Court:

1. the National School for the Education and Further Development of Labour Judges, which shall have the duty, among others, to regulate the official courses for admission into and promotion in the career;
2. the Higher Council of Labour Justice, which shall, under the terms of the law, exercise administrative, budgetary, financial, and property supervision over Labour Courts of first and second instances, in the quality of central body of the system, whose decisions shall have a binding effect.

Article 112. The law shall establish Labour Courts of first instance, allowing, in districts not covered by their jurisdiction, for the attribution of such jurisdiction to judges, appeals being admissible to the respective Regional Labour Court.

Article 113. The law shall regulate the constitution, installation, jurisdiction, powers, guarantees, and conditions of exercise of the bodies of Labour Justice. Article 114. Labour Justice has the power to hear and try:

1. judicial actions arising from labour relations, comprising entities of public international law and of the direct and indirect public administration of the Union, the states, the Federal District, and the municipalities;
2. judicial actions involving the exercise of the right to strike;
3. judicial actions regarding union representation, when the opposing parties are trade unions, or trade unions and workers, or trade unions and employers
4. writs of mandamus, habeas corpus, and habeas data, when the action being challenged involves matter under the jurisdiction of Labour Justice
5. conflicts of powers between bodies having jurisdiction over labour issues, except as provided under article 102, I, o
6. judicial actions arising from labour relations which seek compensation for moral or property damages;
7. judicial actions regarding administrative penalties imposed upon employers by the bodies charged with supervising labour relations
8. ex-officio enforcement of the welfare contributions set forth in article 195, I, a, and II, and their legal raises, arising from the judgments it pronounces
9. other disagreements arising from labour relations, under the terms of the law.

Paragraph 1. If collective negotiations are unsuccessful, the parties may elect arbitrators.

Paragraph 2. If any of the parties refuses collective negotiation or arbitration, they may file a collective labour suit of an economic nature, by mutual agreement, and Labour Courts may settle the conflict, respecting the minimum legal provisions for the protection of labour, as well as any provisions previously agreed upon.

Paragraph 3. In the event of a strike in an essential activity which may possibly injure the public interest, the Labour Public Prosecution may file a collective labour suit, and it is incumbent upon Labour Courts to settle the conflict.

Article 115. The Regional Labour Courts are composed of a minimum of 7 judges, selected, whenever possible, in the respective region and appointed by the President of the Republic from among Brazilians over thirty and under 65 years of age, as follows:

1. 1/5 shall be chosen from among lawyers effectively practicing their professional activity for more than ten years and from among members of the Labour Public Prosecution with over ten years of effective service, with due regard for the provisions of article 94
2. the others, by means of promotion of labour judges for seniority and merit, alternately.

Paragraph 1. The Regional Labour Courts shall install an itinerant justice system, carrying out hearings and other functions typical of the operation of justice, within the territorial limits of the respective jurisdiction, and making use of public and community facilities.

Paragraph 2. The Regional Labour Courts may operate in a decentralized mode, by creating regional Divisions, with a view to affording claimants full access to justice in all stages of the judicial action.

Article 116. In the Labour Courts of first instance, jurisdiction shall be exercised by a single judge.