Title VI. On the National Council of the Magistrature
Article 178. Integration
The National Council of the Magistrature shall be integrated by:
- The President of the Republic, who shall preside over it and, in his absence, by the Vice President of the Republic
- The President of the Senate
- A male or female senator chosen by the Senate who belongs to the party of block of parties different from that of the President of the Senate and who holds representation of the second majority.
- The President of the Chamber of Deputies
- A male or female deputy chosen by the Chamber of Deputies who belongs to the party or block of parties different from that of the President of the Chamber of Deputies and who holds the representation of the second majority
- The President of the Supreme Court of Justice
- A male or female magistrate of the Supreme Court of Justice chosen by the same, who shall serve as secretary.
- The Attorney General of the Republic.
Article 179. Functions
The National Council of the Magistrature shall have the following functions:
- To appoint the judges of the Supreme Court of Justice
- To appoint the judges of the Constitutional Court
- To appoint the judges of the Superior Electoral Court and their substitutes
- To evaluate the work of the judges of the Supreme Court of Justice
Article 180. Criteria for choosing
The National Council of the Magistrature at forming the Supreme Court of Justice must select three fourths of its members from judges that belong to the system of judicial career and the remaining quarter shall be chosen from professionals of law, academics or members of the Public Ministry.
Paragraph I
The National Council of Magistrature, at appointing the male and female judges of the Supreme Court of Justice, shall provide which of them shall occupy the presidency and shall appoint first and second substitutes to replace the President in case of absence or impediment. The President and his substitutes shall exercise these functions for a period of seven years, at the end of which, and given evaluation of their work realized by the National Council of Magistrature, may be elected for a new period.
Paragraph II
In case of a lack of judge invested with the qualities expressed above, the National Council of Magistrature shall appoint a new judge with equal quality or assign it to another of the judges of the Supreme Court of Justice.
Article 181. Evaluation of work
The judges of the Supreme Court of Justice shall be subject to evaluation of their work at the end of seven years from their election, by the National Council of the Magistrature. In cases in which the National Council of the Magistrature decides it pertinent to separate a judge from his office, it must support its decision in the motives contained in the law that rules the subject.
Article 182. Selection of judges of the Constitutional Court
The National Council of the Magistrature, at the forming the Constitutional Court, shall provide which one of them shall occupy the presidency and shall appoint first and second substitutes to replace the President in case of absence or impediment.
Article 183. Selection of the judges of the Superior Electoral Court
The National Council of Magistrature, at appointing the judges and their substitutes of the Superior Electoral Court, shall appoint which of them shall occupy the presidency.
