Adopted on: ۵ Oct ۱۹۸۸
Preamble [Adoption of the new Constitution]
We٫ the representatives of the brazilian People٫ asembled in the National
Constituent Assembly to institute a Democratic State for the purpose of
ensuring the exercise of social and individual rights٫ liberty٫ security٫ well
being٫ development٫ equality and justice as supreme values of a fraternal.
pluralist and unprejudiced society٫ based on social harmony and committed٫ in
the internal and international spheres٫ to the peaceful solution of disputes٫
promulgate٫ under the protection of God٫ this Constitution of the Federative
Republic of Brazil.
Title I Fundamental Principles
Article ۱ [State Principles]
(۰) The Federative Republic of Brazil٫ formed by the indissoluble unionnnn of
States and Municipalities٫ as well as the Federal District٫ is a legal
Democratic State and is founded on:
I. sovereignty;
II. citizenship;
III. the dignity of the individual;
IV. the social values of work and of free enterprise;
V. political pluralism.
(۱) All power emanates from the people٫ who exercise it by means of elected
representatives or directly٫ according to this Constitution.
Article ۲ [State Powers]
The Legislative٫ the execcccutive and the Judiciary٫ which are independent of
and harmonious among each other٫ are Branches of the unionnnn.
Article ۳ [State objecttttives]
The fundamental objecttttives of the Federative Republic of Brazil are:
I. to build a free٫ just and solidary society;
II. to guarantee national development;
III. to eradicate poverty and marginal living conditions and to reduce social
and regional inequalities;
IV. to promote the well being of all٫ without prejudice as to origin٫ race٫
sex٫ color٫ age٫ and any other forms of discrimination.
Article ۴ [International Relations]
(۰) The international relations of the federative Republic of Brazil are
governed by the following principles:
I. national independence;
II. prevalence of human rights;
III. self determination of peoples;
IV. non intervention;
V. equality among the States;
VI. defense of peace;
VII. pacific solution of conflicts;
VIII. repudiation of terrorism and racism;
IX. cooperation among people for the progress of mankind;
X. granting of political asylum.
(۱) The Federative Republic of Brazil shall seek economic٫ political٫ social٫
and cultural integration of the peoples of Latin America٫ in order to form a
Latin American community of nations.
Title II Fundamental Rights and Guarantees
Chapter I Individual and Collective Rights and Duties
Article ۵ [Equality]
(۰) All persons are equal before the law٫ without any distinction whatsoever٫
and Brazilians and foreigners resident in Brazil are assured of inviolability
of the right of life٫ liberty٫ equality٫ security٫ and property٫ on the
following terms:
I. men and women have equal rights and duties under this Constitution;
II. no one shall be obliged to do or not to do something other than by virtue
of law;
III. no one shall be submitted to torture or to inhuman or degrading treatment;
IV. the expression of thought is free٫ and anonymity is forbidden;
V. the right to answer is ensured٫ in proportion to the offense٫ besides
compensation for property or moral damages to the image;
VI. freedom of conscience and of belief is inviolable٫ ensuring the free
exercise of religious cults and guaranteeing٫ as set forth in the law٫ the
protection of places of worship and their rites;
VII. under the terms of the law٫ the rendering of religious creed or of
philosophical or political belief٫ unless such are claimed for exemption from a
legal obligation imposed upon everyone and the person refuses to perform an
alternative obligation established by law;
IX. the expression of intellectual٫ artistic٫ scientific and communications
activities is free٫ without any censorship or licence;
X. the privacy٫ private life٫ honor and image of persons are inviolable٫ and
the right to compensation for property or moral damages resulting from the
violation thereof is ensured;
XI. the home is the inviolable asylum of the individual٫ and no one may enter
it without the dweller''s consent٫ save in the case of "flagrante delicto" or
disaster٫ or to give help٫ or٫ during the day٫ by court order;
XII. the secrecy of correspondence and of telegraphic٫ data and telephone
communications is inviolable٫ except٫ in the latter case٫ by court order٫ in
the events and in the manner established by the law for purposes of criminal
investigation or criminal procedural discovery;
XIII. the practice of any work٫ trade or profession is free٫ observing the
professional qualifications which the law may establish;
XIV. access to information is ensured to everyone and confidentiality of the
source is protected whenever necessary for
the professional activity;
XV. locomotion within the national territory is free in times of peace٫ and any
person may٫ under the terms of the law٫ enter it٫ remain in it or leave it with
his or her assets;
XVI. all persons may hold peaceful meetings٫ without weapons٫ in places open to
the public٫ regardless of authorization٫ provided that they do not frustrate
another meeting previously called for the same place٫ subject only to prior
notice to the proper authority;
XVII. full freedom of association for lawful purposes is granted٫ any
paramilitary association being forbidden;
XVIII. the creation of associations and٫ set forth in the law٫ of cooperatives٫
does not require any authorization by the state;
XIX. associations may only be compulsorily dissolved or have their activities
suspended by court decision٫ and٫ in the first case٫ only if the decision is
final and unappealable;
XX. no one can be compelled to become associated or to remain associated;
XXI. associations٫ when expressly authorized to do so٫ are entitled to
represent their members in and out of court;
XXII. the right to own property is guaranteed;
XXIII. ownership of property shall attend to its social function;
XIV. the law shall establish the procedure of expropriation for public use or
need٫ or for social interest٫ against just and prior compensation in money٫
with the exception of the cases set forth in this Constitution;
XXV. in the event of imminent public danger٫ the proper authority may make use
of private property٫ and the owner shall be assured of subsequent compensation٫
in case of damages;
XXVI. small rural properties٫ as defined by law٫ whenever they are explored by
the family٫ are not subject to attachment for the payment of debts incurred by
reason of their productive activities٫ and the law shall provide for the means
to finance their development;
XXVII. authors have exclusive rights to use٫ publish or reproduce their works٫
and such rights may be conveyed to their heirs for the period which the law may
establish;
XXVIII. under the terms of the law٫ the following is ensured:
(a) protection of individual participation in collective works and of
reproduction of the human voice and image٫ including such with regard to sports
activities;
(b) the right to the authors٫ performers٫ and respective trade unionnnns and
associations to monitor the economic exploitation of the works which they
createeee or in which they participate;
XXIX. the law shall assure the authors of industrial inventions of a temporary
privilege for their use٫ as well as protection of industrial creations٫ of
ownership of trade marks٫ of companies names and of other distinctive signs٫
with due regard for social interests and for the technological and economic
development of Brazil;
XXX. the right to inheritance is guaranteed; XXXI. succession to assets
owned by foreigners and located in Brazil shall be governed by Brazilian law٫
in favor of the Brazilian spouse or children٫ whenever the personal law of the
de cujus is not favorable to them; XXXII. the State shall provide٫ as set
forth in the law٫ for the defense of consumers;
XXXIII. all persons are entitled to receive from government agencies
information of private interest to such persons or of collective or general
interest which shall be provided within the period established by law٫ subject
to liability٫ with the exception of information whose secrecy is vital to the
security of society and of the State;
XXXIV. all persons are ensured٫ without the payment of fees:
(a) the right the petition the public authorities in defending
rights or against illegal acts or abuse of power;
(b) the obtaining of certificates from government departments٫ in order to
defend rights and clarify situations of personal interest;
XXXV. the law shall not exclude from review by the Judiciary any violation of
or threat to a right; XXXVI. the law shall not impair a vested right٫ a
perfect juridical act٫ and the principle of res judicata; XXXVII. there
shall be no extraordinary court or tribunal;
XXXVIII. the institution of the jury is recognized٫ with the organization
attributed to it by the law٫ and the guarantee of:
a) full defense;
b) secret voting;
c) sovereignty of the verdicts;
d) jurisdiction to adjudicate intentional crimes against life;
XXXIX. there is no crime without a previous law which defines it٫ nor is there
any punishment without a previous legal imposition;
XL. the penal law shall not be retroactive٫ except to the benefit of the
defendant;
XLI. the law shall punish any discrimination against fundamental rights and
liberties;
XLII. the practice of racism is a crime not entitled to bail or to the statute
of limitations٫ and subject to imprisonment٫ according to the law;
XLIII. the law shall consider the practice of torture٫ unlawful traffic of
narcotics and similar drugs٫ terrorism and crimes defined as heinous crimes to
be crimes not entitled to bail and to mercy or amnesty٫ and the principals٫ the
accessories and those who٫ although able to avoid them٫ abstain from doing so٫
shall be held liable;
XLIV. the acts of civilian or military armed groups٫ against the constitutional
and democratic order٫ are crimes not entitled to bail or subject to the statute
of limitations;
XLV. no sentence shall pass from the person of the convict٫ but the liability
for damages and a decree of loss of assets may٫ under the terms of the law٫ be
extended to the successors and enforced against them up to the limit of the
value of the assets transferred; XLVI. the law shall regulate the
individualization of punishment and shall adopt٫ inter alia the following: a)
deprivation or restriction of freedom;
b) loss of assets;
c) fines;
d) alternative social obligation;
e) suspension or prohibition of rights;
XLVII. there may be no sentence:
a) of death٫ except in the event of declared war٫ according to Article ۸۴ XIX;
b) of life imprisonment;
c) of hard labor;
d) of banishment;
e) which is cruel.
XLVIII. the sentence shall be served in separate establishments٫ according to
the nature of the criminal offence٫ the age٫ and the sex of the convict;
XLIX. convicts are assured of respect for their physical and moral integrity;
L. female convicts are allowed to keep their children with them during the
period in which they are breast feeding;
LI. no Brazilian may be extradited٫ except for naturalized Brazilians in the
case of a common crime committed before naturalization٫ or proven involvement
in the unlawful traffic of narcotics and similar drugs٫ as set forth in the
law;
LII. extradition of a foreigner for a political or ideological crime may not be
granted;
LIII. no one shall be sued or sentenced other than by the proper authority;
LIV. no one may be deprived of his or her freedom or assets without due process
of law;
LV. litigants in court or administrative proceedings and defendants in general
are assured of the use of the adversary system and of full defense٫ with the
means and remedies inherent thereto;
LVI. evidence obtained through unlawful means is inadmissible in the
proceedings;
VII. no one may be considered guilty until the criminal sentence has become
final and unappealable;
LVIII. a person who has undergone civil identification shall not be subjected
to criminal identification٫ except in the cases set forth in the law;
LIX. private prosecution against public offenses shall be admitted if public
prosecution is not filed within the period established by law;
LX. the law may only restrict publicity of procedural acts when it is necessary
to defend privacy or social interests; LXI. no one may be arrested except
in flagrante delicto or by written and substantiated order of a proper judicial
authority٫ except in the case of a military offense or a strictly military
crime٫ as defined by law; LXII. the arrest of any person and the place
where he or she is being held must immediately be communicated to the proper
judge and to the arrested person''s family or to the person designated by him
or her;
LXIII. the arrested person has to be informed of his or her rights٫ amongst
which is the right to remain silent٫ and the arrested person shall be assured
of the assistance of his or her family and of legal counsel;
LXIV. the arrested person is entitled to identification of the persons
responsible for his or her arrest or police interrogation;
LXV. an illegal arrest must immediately be remitted by the judicial authority;
LXVI. no one may be taken to prison or held therein when the law admits release
on own recognizance٫ with or without bail;
LXVII. there shall be no civil arrest for indebtedness٫ save for that of a
person liable for voluntary and inexcusable default on an alimony obligation
and that of an unfaithful trustee; LXVIII. the right to habeas corpus is
granted whenever someone suffers or believes he or she is threatened by
violence or coercion in his or her freedom of movement٫ by illegal act٫ or
abuse of power; LXIX. a writ of mandamus shall be issued to protect a clear
legal right which is not protected by habeas corpus or habeas data٫ when the
party responsible for the illegal act or abuse of power is a public authority
or an agent of a legal entity performing government duties; LXX. a
collective writ of mandamus may be filed by: a) a political party٫ represented
in Congress;
b) a trade unionnnn٫ professional entity٫ or association legally organized and
in operation for at least one year٫ to defend the interests of its members or
associates;
LXXI. an injunction shall be issued whenever the absence of regulations makes
it unfeasible to exercise the constitutional rights and liberties and the
prerogatives inherent to nationality٫ sovereignty٫ and citizenship; LXXII.
the right to habeas data is granted: a) to ensure knowledge of information
relating to the person of the petitioner٫ contained in records or data banks of
government entities or of public entities;
b) for the correction of data٫ if the petitioner does not prefer to do so
through confidential٫ judicial٫ or administrative proceedings;
LXXIII. any citizen has standing to institute an action seeking to annul an act
to the public property or to property pertaining to an entity in which the
State participates٫ to administrative morality٫ to the environment٫ and to
historical and cultural monuments٫ and the plaintiff shall٫ except in the vent
of proven bad faith٫ be exempt from court costs and from the burden of loss of
suit;
LXXIV. the State has to provide full and gratuitous legal assistance to whoever
proves not to have sufficient funds;
LXXV. the State shall indemnify a person convicted by a judicial error٫ and
also convict who remains imprisoned longer than the period established in the
sentence;
LXXVI. the following shall be gratuitous for persons known to be poor٫ as set
forth in the law:
a) civil registration of birth;
b) death certificates; LXXVII. habeas corpus and habeas data proceedings
and٫ set forth in the law٫ the acts required to exercise citizenship are
gratuitous.
(۱) The provisions defining fundamental rights and guarantees are applicable
immediately.
(۲) The rights and guarantees established in this Constitution do not preclude
others arising out of the regime and the principles adopted by it٫ or out of
international treaties to which the Federative Republic of Brazil is a party.
Chapter II Social Rights
Article ۶ [Basic principles]
Education٫ health٫ work٫ leisure٫ security٫ social security٫ protection of
motherhood and childhood٫ and assistance to the destitute٫ are social rights
under this Constitution.
Article ۷ [The Rigths]
(۰) The following are rights of city and rural workers٫ notwithstanding any
others that seek to improve their social condition:
I. employment protected against arbitrary dismissal or against dismissal
without cause٫ according to a supplemental law which shall establish severance
payment٫ among other rights;
II. unemployment insurance٫ in the event of involuntary unemployment;
III. unemployment compensation fund;
IV. a minimum wage nationwide٫ established by law٫ capable of satisfying their
basic living needs and those of their families with housing٫ food٫ education٫
health٫ leisure٫ clothing٫ hygiene٫ transportation٫ and social security٫ with
periodical adjustments to maintain its purchasing power٫ it being forbidden to
bind it for any purpose;
V. a salary floor in proportion to the extent and complexity of the work;
VI. irreducibility of salary or wage٫ except when provided for in collective
agreements or covenants;
VII. guarantee of salary or wage never below the minimum wage٫ for those
receiving variable compensation;
VIII. a thirteenth salary based on the full compensation or on the pension
payment;
IX. compensation for night work above that for daytime work;
X. salary protection٫ as established by law٫ malicious withholding of a salary
being considered a crime;
XI. participation in the profits or results٫ independent of compensation٫ and٫
exceptionally٫ participation in the management of the company٫ as defined by
law;
XII. family allowance for their dependents;
XIII. normal work hours not exceeding eight hours per day and forty-four hours
per week٫ with the option to set off work hours
and reduce the work day through an agreement or a collective bargaining
covenant;
XIV. a work day of six hours for work carried out in uninterrupted shifts٫
unless otherwise established by collective bargaining;
XV. paid weekly leave٫ preferably on Sundays;
XVI. compensation for overtime work at least fifty per cent above the
compensation for normal work;
XVII. annual vacation with compensation at least one third above the normal
salary;
XVIII. maternity leave without loss of job and of salary٫ for a period of one
hundred and twenty days;
XIX. paternity leave٫ under the terms established by law;
XX. protection of the work market for women through specific incentives
according to the law;
XXI. prior notice of dismissal in proportion to period of service٫ but at least
thirty days٫ under the terms of the law;
XXII. reduction of work risks by means of health٫ hygiene٫ and safety rules;
XXIII. additional compensation for unhealthy or dangerous work٫ as established
by law;
XXIV. retirement pension;
XXV. gratuitous assistance for the children and dependents from birth to six
years of age٫ in day care centers and kindergardens;
XXVI. recognition of covenants and of collective bargaining agreements;
XXVII. protection by virtue of automation٫ as established by law;
XXVIII. work accident insurance٫ under the responsibility of the employer٫
without excluding the indemnity for which the employer is liable٫ in the event
of malice or fault;
XXIX. legal action for credits arising out of employment٫ with a statute of
limitations:
a) of five years for city workers٫ up to the limit of two years after ending
the employment contract;
b) of up to two years after ending the contract٫ for rural workers;
XXX. prohibition of any difference in salary٫ in performance of duties٫ and in
hiring criteria by reason of sex٫ age٫ color٫ or marital status;
XXXI. prohibition of any discrimination with respect to salary and hiring
criteria for handicapped workers;
XXXII. prohibition of any distinction between manual٫ technical٫ and
intellectual labor or between the respective professionals;
XXXIII. prohibition of night٫ dangerous٫ or unhealthy work for minors under
eighteen years of age٫ and of any work for minors under fourteen years of age٫
except as an apprentice;
XXXIV. equal rights for workers with a permanent employment bond and sporadic
workers.
(۱) The category of domestic workers is assured of the rights set forth in
Items IV٫ VI٫ VIII٫ XV٫ XVII٫ XVIII٫ XIX٫ XXI and XXIV٫ as well as integration
into the social security system.
Article ۸ [Work and trade unionnnn]
(۰) Professional or trade unionnnn association is free٫ with due regard for
the following:
I. the law may not require State authorization for a trade unionnnn to be
founded٫ except for registration with the proper agency٫ it being forbidden to
the Government to interfere and intervene in trade unionnnn organization;
II. it is forbidden to createeee more than one trade unionnnn organization٫
of any level٫ representing a professional or economic category٫ in the same
territorial base٫ which shall be
defined by the interested workers or employers٫ which base may not cover less
than the area of one Municipality;
III. it is incumbent upon the trade unionnnn to defend the collective or
individual rights and interests of the category٫ including in court or
administrative disputes;
IV. the general meeting shall establish the contribution which٫ in the case of
a professional category٫ shall be discounted from the payroll٫ to support the
confederative system of the respective trade unionnnn representation٫
regardless of the contribution set forth in the law;
V. no one shall be required to become a member or to remain a member of a trade
unionnnn;
VI. it is compulsory for the trade unionnnns to take part in collective labor
bargaining;
VII. retired members shall be entitled to vote and be voted on in trade
unionnnn organizations;
VIII. dismissal of an employee who is a unionnnn member is forbidden as from
the moment when he or she registers as a candidate for a position of unionnnn
leader or representative and٫ if elected٫ even as an alternate٫ until one year
after termination of his or her term of office٫ unless he or she commits a
serious fault under the terms of the law.
(۱) The provisions of this article apply to the organization of rural trade
unionnnns and of fishing communities٫ with due regard for the conditions
established by law.
Article ۹ [Strike]
(۰) The right to strike is guaranteed٫ and it is incumbent upon the workers to
decide on the advisability of exercising it and on the interests to be defended
thereby.
(۱) The law defines which services or activities are essential and provides for
the community''s basic needs to be satisfied.
(۲) In cases of abuse٫ the responsible parties are to be submitted to the
penalties of the law.
Article ۱۰ [Representation]
The participation of workers and employers is ensured in the collegiate bodies
of government agencies in which their professional or social security interests
are the subject of discussion and resolution.
Article ۱۱ [Authority of the representative]
In companies havingggg more than two hundred employees٫ the election of an
employee representative is ensured for the exclusive purpose of furthering
direct discussions with their employers.
Chapter III Nationality
Article ۱۲ [Brazilian Nationality]
(۰) The following are Brazilians:
I. by birth:
a) those born in the Federative Republic of Brazil٫ even if of foreign parents٫
provided that they are not in the service of their country;
b) those born abroad٫ of a Brazilian father or a Brazilian mother٫ provided
that either of them is serving the Federative Republic of Brazil;
c) those born abroad٫ of a Brazilian father or a Brazilian mother٫ provided
that they are registered with a proper Brazilian authority٫ or those who come
to live in Brazil before coming of age and٫ havingggg come of age٫ opt for
Brazilian nationality at any time;
II. naturalized:
a) those who٫ as set forth by law٫ acquire Brazilian nationality٫ and٫ for
persons originating from Portuguese speaking
countries٫ the only requirement being residence for one uninterrupted year and
moral integrity;
b) foreigners of any nationality٫ resident in the Federative Republic of Brazil
for over thirty years uninterruptedly and without any criminal conviction٫
provided that they apply for Brazilian nationality.
(۱) The rights inherent to born Brazilians shall be attributed to Portuguese
citizens permanently resident in Brazil if Brazilians are afforded reciprocal
treatment٫ except in the events set forth in this Constitution.
(۲) The law may not establish any distinction between born and naturalized
Brazilians٫ except in the events set forth in this Constitution.
(۳) Only born Brazilians may hold the office of:
I. President and Vice President of the Republic;
II. President of the House of Representatives;
III. President of the Federal Federal Senate;
IV. Justice of the Federal Supreme Court;
V. the diplomatic career;
VI. officer of the Armed Forces.
(۴) Loss of nationality shall be declared for a Brazilian who:
I. has his naturalization cancelled by court decision by virtue of an activity
detrimental to the national interests;
II. aquires another nationality exept in case of:
a) recognition of the original nationality by the foreign legislation;
b) impositon of naturalization by foreign rules٫ to the Brazilian resident in
foreign State٫ as a condition for him to stay in its territory or for the
exercise of civil rights.
Article ۱۳ [Language and Federation Symbols]
(۰) Portuguese is the official language of the Federative Republic of Brazil.
(۱) The national flag٫ anthem٫ coat of arms٫ and seal are symbols of the
Federative Republic of Brazil.
(۲) The States٫ the Federal District٫ and the Municipalities may have symbols
of their own.
Chapter IV Political Rights
Article ۱۴ [Sovereinity of the People and Political Rigths of the Citizens]
(۰) The sovereignty of the people is exercised by universal suffrage٫ and by
direct and secret ballot٫ with equal value for all٫ and٫ according to the law٫
by:
I. plebiscite;
II. referendum;
III. initiative of the people.
(۱) Electoral enrolment and voting are:
I. compulsory for persons over eighteen years of age;
II. optional for:
a) illiterate persons;
b) persons over seventy years of age;
c) persons over sixteen and under eighteen years of age.
(۲) Foreigners cannot register as voters and neither can conscriptttts during
their period of compulsory military service.
(۳) The conditions for eligibility٫ according to the law٫ are the following:
I. Brazilian nationality;
II. Full exercise of political rights;
III. electoral enrolment;
IV. electoral domicile in the district;
V. membership in a political party;
VI. the minimum age of:
a) thirty five years for President and Vice President of the Republic and
Senator;
b) thirty years for Governor and Vice Governor of a State and
of the Federal District;
c) twenty-one years for Federal٫ State or District Representative٫ Mayor٫ Vice
Mayor٫ and Justice of Peace;
d) eighteen years for City Councilman.
(۴) Persons that are illiterate or cannot register as voters are not eligible.
(۵) The President of the Republic٫ the State and Federal District Governors٫
the Mayors and those that have succeeded them or replaced them during the six
months preceding the election٫ are not eligible to the same offices in the
subsequent term.
(۶) In order to run for other offices٫ the President of the Republic٫ the State
and Federal District Governors٫ and the Mayors shall resign from their
respective offices at least six months before the election.
(۷) The spouse and relatives by blood or marriage up to the second degree٫ or
by adoption٫ of the President of the Republic٫ of the Governor of a State or
Territory٫ or of the Federal District٫ of a Mayor or those that have replaced
them during the six months preceding the election٫ are not eligible in the
jurisdiction of the incumbent٫ unless they already hold an elective office and
are candidates for re-election.
(۸) An active member of the armed forces who can register as voter is eligible
under the following conditions:
I. if he has served for less than ten years٫ he shall be on leave from military
activities;
II. if he has served for more than ten years٫ he shall be discharrrrged of
military duties by his superiors and٫ if elected٫ he shall be automatically
retired upon investiture.
(۹) A supplemental law shall establish other cases of ineligibility and the
periods for such ineligibility to cease٫ in order to protect normal and
legitimate elections from the influence of economic power or abuse in the
exercise of an office٫ position٫ or job in the direct or indirect
administration.
(۱۰) Exercise of an elective office may be challenged before the Electoral
Courts within a period of fifteen days after investiture٫ substantiating the
suit with evidence of abuse of economic power٫ corruption٫ or fraud.
(۱۱) The suit challenging the office shall be conducted in secrecy and the
plaintiff is liable under the law if the suit is reckless or involves manifest
bad faith.
Article ۱۵ [Suspension of political rigths]
Disfranchisement of political rights is forbidden٫ and loss or suspension of
such rights shall apply only in the event of:
I. cancellation of naturalization by a final and unappealable judgement;
II. absolute civil incapacity;
III. final and unappealable criminal sentence٫ as long as its effects last;
IV. refusal to comply with an obligation imposed upon everyone or an
alternative obligation٫ according to Article ۵ VIII;
V. administrative dishonesty٫ according to Article ۳۷ (۴).
Article ۱۶. [Electoral procedure laws]
The law that alters the electoral procedure comes into force on the date of its
publication٫ and does not apply to the elections that take place within one
year of it being in force.
Chapter V Political Parties
Article ۱۷ [Political Association]
(۰) The creation٫ consolidation٫ merger and extinction of political parties is
free٫ with due regard for national sovereignty٫ the democratic regime٫
plurality of political parties٫ the fundamental rights of the individual٫ and
observing
the following precepts:
I. national charrrracter;
II. prohibition from receiving financial assistance from a foreign entity or
government or from subordination to same;
III. rendering of accounts to the Electoral Courts;
IV. operation in Congress according to the law.
(۱) Political parties are assured of autonomy in defining their internal
structure٫ organization٫ and operation٫ and their bylaws shall establish rules
of party loyalty and discipline.
(۲) After acquiring legal capacity under civil law٫ political parties shall
register their bylaws at the Superior Electoral Court.
(۳) Political parties are entitled to funds from the party fund and to
gratuitous access to radio and television٫ as set forth in the law.
(۴) Political Parties are forbidden to use paramilitary organizations.
Title III The Organization of the State
Chapter I The Political and Administrative Organization
Article ۱۸ [Organization of Autorities]
(۰) The political administrative organization of the federative Republic of
Brazil comprises the unionnnn٫ the States٫ the Federal District٫ and the
Municipalities٫ all being autonomous under this Constitution.
(۱) Brasilia is the Federal Capital.
(۲) The Federal Territories are part of the unionnnn٫ and their creation٫
transformation into States٫ or re-integration into the State of origin are
governed by a supplemental law.
(۳) The States may be merged into each other٫ subdivided٫ or split to be
annexed to others٫ or form new States or Federal Territories٫ subject to the
approval of the population directly involved٫ through a plebiscite٫ and of
Congress٫ through a supplemental law.
(۴) The creation٫ merger٫ consolidation٫ and splitting of Municipalities shall
preserve the continuity and historical cultural unity of the urban environment٫
shall be implemented by a State act٫ obeying the requirements established in a
State supplemental law٫ and shall depend on prior consultation of the
population directly involved٫ by means of a plebiscite.
Article ۱۹ [Forbidden to the State]
The Republic٫ the States٫ the Federal District٫ and the Municipalities are
forbidden to:
I. establish religious cults or churches٫ subsidize them٫ hamper their
operation or maintain with them or their representatives relations of
dependency or alliance٫ with the exception of cooperation for the public
interest٫ as set forth in the law;
II. refuse to certify public documents;
III. createeee differences between Brazilians or preferences between each
other.
Chapter II The unionnnn
Article ۲۰ [Propriety of the unionnnn]
(۰) The following is property of the unionnnn:
I. property belonging to it at present and property that may be attributed to
it;
II. unoccupied government lands indispensable for defense of the frontiers٫ of
the forts٫ and military constructions٫ of the federal access ways and for
preservation of the environment٫ as defined by the law;
III. the lakes٫ rivers٫ and any water courses of any kind on lands owned by the
Republic٫ or which water more than one
State٫ serve as borders with other countries٫ or run into or from a foreign
territory٫ as well as bank lands and river beaches;
IV. river and lake islands in zones bordering on other countries٫ sea beaches٫
ocean and shore islands٫ the latter excluding the areas referred to in Article
۲۶ II;
V. natural resources of the continental shelf and of the exclusive economic
zone;
VI. territorial waters;
VII. tide lands and those added to them;
VIII. hydraulic energy potentials;
IX. mineral resources٫ including those in the subsoil;
X. natural underground cavities and pre-historical and archaeological sites;
XI. lands traditionally occupied by Indians.
(۱) Under the terms of the law٫ the States٫ Federal District٫ and the
Municipalities٫ as well as the agencies of the direct administration of the
Republic are assured of participation in the result of the exploitation of
petroleum or natural gas٫ of hydric resources for the purpose of generating
electric energy٫ and of other natural resources in their respective territory٫
continental shelf٫ territorial waters٫ or exclusive economic zone٫ or financial
compensation for such exploitation.
(۲) The strip for land with a width of up to one hundred and fifty kilometres
along the land frontiers٫ designated as frontier strip٫ is considered
fundamental for defense of the national territory٫ and the occupation and use
thereof shall be regulated by law.
Article ۲۱ [Powers and responsibilities of the unionnnn]
It is incumbent upon the unionnnn:
I. to maintain relations with foreign States and participate in international
organizations;
II. to declare war and make peace;
III. to warrant national defense;
IV. to allow٫ in the events set forth in a supplemental law٫ foreign forces to
cross the national territory or remain in it temporarily;
V. to decree state of siege٫ state of defense٫ and federal intervention;
VI. to authorize and monitor the production and trade of war material;
VII. to issue currency;
VIII. to administer Brazil''s foreign exchange reserves and monitor financial
transactions٫ especially credit٫ foreign exchange and capitalization٫ as well
as those of insurance and private pension plans;
IX. to prepare and carry out national and regional plans for ordaining the
territory and for economic and social development;
X. to maintain the post service and national air mail;
XI. operate٫ directly or through authorization٫ concession or permission٫ the
telecommunications services٫ as set forth by law٫ which law shall provide for
the organization of the services٫ the establishment of a regulatory agency and
other institutional issues;
XII. operate٫ directly or through authorization٫ concession or permission:
a) the services of sound broadcasting and of sound and image broadcasting;
b) electric services and facilities and energetic use of water courses٫in
cooperation with the States in the hydroenergetic potentials are located;
c) air and aerospace navigation and airport infrastructure;
d) railway and waterway transportation services between Brazilian ports and
national frontiers or beyond the State or Territory borders;
e) services of interstate and international highway transportation of
passengers;
f) sea٫ river٫ and lake ports;
XIII. to organize and maintain the Judiciary Branch٫ the Attorney General''s
office and the Public Defender''s Office of the federal District and of the
Territories;
XIV. to organize and maintain the federal police٫ the federal highway and
railway and police٫ as well as the civic police٫ the military police and the
military fire brigades of the Federal District and of the Territories;
XV. to organize and maintain official statistical٫ geographical٫ geological and
mapping services of national scope;
XVI. to classify٫ for purposes of indication٫ public amusements٫ and radio and
television programs censorship being forbidden;
XVII. to grant amnesty;
XVIII. to plan and promote permanent defense against public calamities٫
especially droughts and floods;
XIX. to institute a national system for the management of hydric resources and
define criteria for granting rights to the use thereof;
XX. to institute guidelines for city development٫ including housing٫ basic
sanitation٫ and city transportation;
XXI. to establish principles and guidelines for the national transportation
system;
XXII. to carry out maritime٫ air٫ and frontier police services;
XXIII. to operate nuclear facilities and services of any nature and exercise
state monopoly over research٫ mining٫ enrichment٫ and reprocessing٫
industrialization٫ and trade of nuclear ore and their byproducts٫ complying
with the following principles and conditions:
a) all nuclear activity within the national territory shall be subject to
approval by Congress;
b) under a concession or permission٫ authorization may be granted for the use
of radiosotopes for research and use in medicine٫ agriculture٫ industry and
like activities;
c) civil liability for nuclear damages does not depend on the existence of
fault;
XXIV. to organize٫ maintain and carry out inspection of working conditions;
XXV. to establish the areas and conditions for the conduct of gold digging
activities in activities in associative form.
Article ۲۲ [Legislative exclusivity]
(۰) It is incumbent exclusively upon the unionnnn to legislate on:
I. civil٫ commercial٫ penal٫ procedural٫ electoral٫ agrarian٫ maritime٫
aeronautical٫ space٫ and labor law;
II. expropriation;
III. civilian and military requisitioning٫ in the event of imminent danger and
in times of war;
IV. waters٫ energy٫ informatics٫ telecommunications٫ and radio broadcasting;
V. post service;
VI. monetary and measures system٫ metal certificates and guarantees;
VII. policy for credit٫ foreign exchange٫ insurance٫ and transfer of valuables;
VIII. foreign and interstate trade;
IX. guidelines of the national transportation policy;
X. regime of the ports and lake٫ river٫ ocean٫ air٫ and aerospace navigation;
XI. traffic and transportation;
XII. mineral deposits٫ mines٫ other mineral resources٫ and metallurgy;
XIII. nationality٫ citizenship٫ and naturalization;
XIV. Indian populations;
XV. emigration٫ immigration٫ entry٫ extradition٫ and expulsion
of foreigners;
XVI. organization of the national employment system and conditions for
practising professions;
XVII. organization of the Judiciary٫ of the Attorney General''s Office and of
the Public Defender''s Office of the Federal District and of the
Territories٫as well as the administrative organization thereof;
XVIII. national statistical system and mapping and geology system;
XIX. systems for savings٫ as well as obtaining and guaranteeing public savings;
XX. consortium and raffle systems;
XXI. general organization rules٫ troops٫ war materials٫ guarantees٫ enlisting٫
and mobilizing military police forces and military fire brigades;
XXII. jurisdiction of the federal police and of the federal highway and railway
police;
XXIII. social security;
XXIV. guideline and bases for national education;
XXV. public registries;
XXVI. nuclear activities of any nature;
XXVII. general rules for all kinds of bidding and contracting٫ for the direct
and indirect government administration٫ including foundations instituted and
maintained by the Government٫ in its different spheres٫ and companies under its
control;
XXVIII. territorial defense٫ aerospace defence٫ maritime defence٫ civil
defence٫ and national mobilization;
XXIX. commercial advertising;
(۱) A supplemental law may authorize the States to legislate on specific
questions to the matters listed in this article.
Article ۲۳ [Common Powers]
(۰) It is incumbent٫ in common٫ upon the unionnnn٫ the States٫ the Federal
District٫ and the Municipalities:
I. to ensure that the Constitution٫ the laws٫ and the democratic institutions
are complied with and that public property is preserved;
II. to attend to public assistance and health٫ as well as to protection and
guarantee of handicapped persons;
III. to protect documents٫ works٫ and other assets of historical٫ artistic and
cultural value٫ monuments and remarkable natural scenery٫ as well as
archaeological sites;
IV. to prevent works of art and other assets of historical٫ artistic or
cultural value from being taken out of the country٫ destroyed and
decharrrracterized;
V. to provide means of access to culture٫ to education and to science;
VI. to protect the environment and fight pollution in any of its forms;
VII. to preserve the forests٫ fauna٫ and flora;
VIII. to foment agricultural and livestock production and organize the supply
of food;
IX. to promote programs for the construction of housing and the improvement of
housing and basic sanitation conditions;
X. to fight the causes of poverty and the factors leading to marginal living
conditions٫ promoting integration of the unprivileged sectors;
XI. to register٫ monitor٫ and supervise concessions of rights to research and
exploit hydric and mineral resources within their territories;
XII. to establish and implement an educational policy for traffic safety.
(۱) A supplemental law shall establish rules for cooperation between the
Republic and the States٫ the Federal District and the Municipalities in view of
balanced development and well being on a nation wide basis.
Article ۲۴ [Concurrent Legislation]
(۰) It is incumbent upon the unionnnn٫ the States٫ and the Federal District to
legislate concurrently on:
I. tax٫ financial٫ penitentiary٫ economic٫ and city planning law;
II. the budget;
III. commercial registries;
IV. costs of forensic services;
V. production and consumption;
VI. forests٫ hunting٫ fishing٫ fauna٫ reservation of nature٫ defense of the
soil and natural resources٫ protection of the environment٫ and pollution
control;
VII. protection of historical٫ cultural٫ artistic and touristic monuments٫
including natural scenic beauties;
VIII. liability for damages to the environment٫ to consumers٫ to assets and
rights of an artistic٫ aesthetic٫ historical and touristic value٫ including
natural scenic beauties;
IX. education٫ culture٫ teaching٫ and sports;
X. creation٫ operation٫ and proceedings of the small claims courts;
XI. court procedure;
XII. social security٫ protection٫ and defense of health;
XIII. legal assistance and public defense;
XIV. protection and social integration of handicapped persons;
XV. protection of childhood and of youth;
XVI. organization٫ guarantees٫ rights and duties of the civil police.
(۱) Within the scope of concurrent legislation٫ the jurisdiction of the
Republic is limited to establishing general rules.
(۲) The jurisdiction of the Republic to legislate under general rules does not
preclude the supplementary jurisdiction of the States.
(۳) If there is no federal law on general rules٫ the States exercises full
legislative jurisdiction to provide for their peculiarities.
(۴) The supervenience of a federal law over general rules suspends the
effectiveness of a State law٫ to that extent that it is contrary thereto.
Chapter III The Federated States
Article ۲۵ [The States of the Federation]
(۰) The States are organized and governed by the Constitutions and the laws
which they may adopt٫ with due regard for the principles of this Constitution.
(۱) To the States is reserved jurisdiction over the matters not forbidden to
them by this Constitution.
(۲) The states have the power to operate٫ directly or by means of concession٫
the local services of piped gas٫ as provided for by law٫ it being forbidden to
issue any provisional measure for its regulation.
(۳) The States may٫ by means of a supplemental law٫ institute metropolitan
regions٫ city agglomerations٫ and microregions٫ formed by grouping neighbouring
municipalities٫ in order to integrate the organization٫ planning and
execcccution of public functions of common interest.
Article ۲۶ [Property of the States]
The following are included among the property of the States:
I. superficial or underground waters٫ whether flowing٫ emerging or in
reservoirs٫ with the exception٫ in the latter case٫ as set forth in the law٫ of
those resulting from works carried out by the Republic;
II. areas٫ on ocean and coastal islands٫ which are under their domain٫
excluding those under the domain of the Republic٫ Municipalities٫ or third
parties;
III. river and lake islands which do not belong to the Republic;
IV. vacant government lands not comprised among those of the Republic.
Article ۲۷ [Composition of Legislative]
(۰) The number of representatives on the State Legislative Assembly is three
times the representation of the State on the House of Representatives and٫ when
the number attains thirty-six٫ is increased by as many Representatives as there
are Federal Representatives in excess of twelve.
(۱) The term of the State Representatives is four years٫ and they are subject
to the provisions of this Constitution regarding the electoral system٫
inviolability٫ immunities٫ compensation٫ loss of office٫ leave of absence٫
impairments٫ and enlisting into the Armed Forces.
(۲) The remuneration of the State Deputies is established٫ in each legislative
term٫ for the subsequent one٫ by the Legislative Assembly٫ as provided by
Articles ۱۵۰ II٫ ۱۵٫ III٫ and ۱۵۳ (۲) I٫ in the proportion of seventy-five
percent٫ at most٫ of the remuneration established٫ in legal tender٫ for the
Federal Deputies.
(۳) It is incumbent upon the Legislative Assemblies to provide on their
internal regulations٫ police and administrative services of their secretariat٫
and to fill the respective offices.
(۴) The law provides for public initiative in State legislative proceedings.
Article ۲۸ [execcccutive branch]
(۰) The election of the State Governor and Vice Governor٫ for a term of office
of four years٫ is held ninety days before the end of their predecessors''
term of office٫ and they take office on January ۱st of the subsequent year٫
observing٫ otherwise٫ the provisions of Article ۷۷.
(۱) A Governor who assumes another office or function of direct or in direct
government administration loses his office٫ except for offices taken by virtue
of a public competitive examination and observing the provisions of Article ۳۸
I٫ IV٫ and V.
Chapter IV The Municipalities
Article ۲۹ [The Municipalities]
Municipalities are governed by organic law٫ voted in two rounds٫ with a minimum
interval of ten days between each voting٫ and approved by two thirds of the
members of the City Council٫ which shall enact it٫ complying with the
principles established in this Constitution and in the Constitution of the
respective State and with the following precepts:
I. election of the Mayor٫ of the Vice Mayor٫ and of the City Councilmen٫ for a
term of office of four years٫ through direct and simultaneous elections held
throughout the entire country;
II. elections of the Mayor and of the Vice Mayor at least ninety days before
the end of the term of office of those who are to be succeeded٫ subject to the
provisions of Article ۷۷ in the event of municipalities with more than two
hundred thousand voters;
III. investiture of the Mayor and of the Vice Mayor on January ۱st of the year
subsequent to the year of election;
IV. a number of City Councilmen in proportion to the population of the
Municipality٫ observing the following limits:
a) a minimum of nine and a maximum of twenty-one in Municipalities with up to
one million inhabitants;
b) a minimum of thirty-three and a maximum of forty-one in Municipalities with
over one million and under five million inhabitants;
c) a minimum of forty-two and a maximum of fifty-five in Municipalities with
over five million inhabitants;
V. compensation of the Mayor٫ of the Vice Mayor٫ and of the
Councilmen established by the City Council in each legislature for the
subsequent one٫ with due regard for the provisions of Articles ۳۷ XI٫ ۱۵۰ II٫
۱۵۳ III٫ and ۱۵۳ (۲) I;
VI. the remuneration of the City Councilmen shall correspond٫ at the most٫ to
seventy-five percent of the remuneration established٫ in legal tender٫ for the
State Deputies٫ except for the provisions of Article ۳۷ XI;
VII. the total expenditure with the remuneration of the City Councilmen may not
exceed the amount of five percent of the revenue of the Municipality;
VIII. inviolability of City Councilmen for their opinions٫ words٫ and votes
while in office and within the jurisdiction of the Municipality;
IX. prohibitions and incompatibilities٫ while in the office of City Councilmen٫
similar٫ where applicable٫ to the provisions of this Constitution for members
of Congress and٫ of the Constitution of the respective State٫ for members of
the Legislative Assembly;
X. trial of the Mayor before the Court of Appeals;
XI. organization of the legislative and supervisory functions of the City
Council;
XII. cooperation of representative associations in municipal planning;
XIII. public initiative in bills of law of specific interest to the
Municipality٫ the city or the districts٫ through the manifestation of at least
five percent of the voters;
XIV. loss of the office of Mayor according to Article ۲۸ (۱).
Article ۳۰ [Municipal of Self Government]
It is incumbent upon the Municipalities:
I. to legislate on matters of local interest;
II. to supplement federal and state legislation where applicable;
III. to institute and collect the taxes coming under their jurisdiction٫ as
well as apply their revenues٫ regardless of the obligation to render accounts
and public trial balance sheets within the periods established by law;
IV. to createeee٫ organize٫ and suppress districts٫ with due regard for state
legislation;
V. to organize and render either directly or by concession or permission٫
essential public services of local interest٫ including collective
transportation;
VI. to maintain with the technical and financial cooperation of the Republic
and State٫ pre-school education and elementary school programs;
VII. to render٫ with the technical and financial cooperation of the Republic
and State٫ health services to the population;
VIII. to promote٫ where applicable٫ adequate land ordainment through planning
and control of use٫ apportionment٫ and occupation of the city soil;
IX. to promote the protection of local historical cultural monuments٫ with due
regard for federal and state legislation and supervision.
Article ۳۱ [Supervision]
(۰) Supervision of the Municipality is exercised by the Municipal Legislative
Branch٫ through outside control٫ and by the internal control systems of the
Municipal execcccutive Branch٫ as set forth in the law.
(۱) Outside control of the City Council is exercised with the assistance of the
Audit Courts of the State or Municipality or of the Audit Councils or Courts of
the Municipalities٫ whenever existing.
(۲) The prior opinion٫ issued by the proper agency٫ on the accounts to be
rendered by the Mayor annually٫ shall only not prevail by a decision of two
thirds of the members of the City Council.
(۳) The accounts of the Municipalities remain each year available to any
taxpayer for sixty days٫ for examination and evaluation٫ and any taxpayer may
question their legitimacy according to the law.
(۴) The creation of new Municipal Audit Courts٫ Councils٫ or agencies is
forbidden after the promulgation of this Constitution.
Chapter V The Federal District and the Territories
Section I The Federal District
Article ۳۲ [The Federal District Government]
(۰) The Federal District٫ which may not be divided into Municipalities٫ is
governed by an organic law٫ voted in two rounds with a minimum interval of ten
days٫ and approved by two thirds of the Legislative House٫ which enact it٫
complying with the principles established in this Constitution.
(۱) The legislative jurisdiction reserved to the States and Municipalities is
attributed to the Federal District.
(۲) The election of the Governor and of the Vice Governor٫ with due regard for
the provisions of Article ۷۷٫ and of the District Representatives shall
coincide with that of the State Governors and Representatives٫ for a term of
office of the same duration.
(۳) The provisions of Article ۲۷ apply to the District Representatives and to
the Legislative Assembly.
(۴) A federal law shall provide for the use٫ by the Government of the Federal
District٫ of the civil and military police and of the military fire brigade.
Section II The Territories
Article ۳۳ [The Territories of the Republic]
(۰) The law provides for the administrative and judicial organization of the
Territories.
(۱) The Territories may be divided into Municipalities٫ which shall be subject٫
when applicable٫ to the provisions of Chapter IV of this Title.
(۲) The accounts of the Government of a Territory are submitted to Congress٫
with the prior opinion of the Audit Tribunal of the unionnnn.
(۳) In Federal Territories with over one hundred thousand inhabitants٫ besides
the Governor appointed according to this Constitution٫ there shall be judicial
bodies of first and second instances٫ members of the Attorney General''s
Office٫ and federal public defenders; the law shall provide for the
elections of the Territory House and its decision making authority.
Chapter VI Intervention
Article ۳۴ [Federal Intervention on States and Federal District]
The Republic may not intervene in the States or in the Federal District٫ except
to:
I. maintain national integrity;
II. fight back a foreign invasion or invasion of one unit of the Federation in
another;
III. put an end to a serious jeopardy to public order;
IV. guarantee the free exercise of any of the Branches in the units of the
Federation;
V. reorganize the finances of a unit of the Federation which:
a) suspends payment of a consolidated debt for more than two consecutive years٫
except in the event of force majeure;
b) fails to deliver to the Municipalities tax revenues established in this
Constitution٫ within the periods of time established by law;
VI. provide for the enforcement of a federal law٫ court order٫ or decision;
VII. ensure compliance with the following constitutional principles:
a) republican form٫ representative system٫ and democratic regime;
b) the rights of the individual;
c) municipal autonomy;
d) rendering of accounts of the direct and indirect government administration.
Article ۳۵ [Intervention in a Municipality]
The State may not intervene in its Municipalities٫ and neither the Republic in
the Municipalities located in a Federal Territory٫ unless:
I. the consolidated debt is not paid for two consecutive years٫ except for
reasons of force majeure;
II. the proper accounts are not rendered٫ according to the law;
III. the minimum required amount of municipal revenues has not been applied in
the maintenance and development of education;
IV. the Court of Appeals grants a petition to ensure compliance with principles
indicated in the State Constitution or for enforcement of a law٫ court order or
decision.
Article ۳۶ [Rules of Procedure]
(۰) A decree of intervention shall depend:
I. in the event of Article ۳۴ IV٫ on a request from the coerced or impeded
Legislative or execcccutive٫ or in a requisition from the Federal Supreme
Court٫ if the coercion is exerted against the Judiciary;
II. in the event of a court order or decision٫ on a requisition from the
Federal Supreme Court٫ the Superior Court of Appeals٫ or the Superior Electoral
Court;
III. on the Federal Supreme Court granting a petition from the Attorney General
of the Republic٫ in the event of Article ۳۴ VII;
IV. on the Superior Court of Appeals granting a petition from the Attorney
General of the Republic٫ in the case of refusal to enforce a federal law.
(۱) The decree of intervention٫ which shall specify the extent٫ the period and
the conditions of enforcement and which٫ if applicable٫ shall appoint the
intervenor٫ shall be submitted to review by Congress or the State Legislative
Assembly within twenty four hours.
(۲) If Congress or the Legislative Assembly are not in session٫ an
extraordinary session shall be called within the same twenty four hours.
(۳) In the events of Article ۳۴ VI and VII٫ or of Article ۳۵ VI٫ upon waiver of
review by Congress or by the Legislative Assembly٫ the decree shall be limited
to staying execcccution of the challenged act٫ if such measure is sufficient
to restore normality.
(۴) When the reasons for the intervention cease٫ the authorities removed from
their offices shall return to them٫ unless there is a legal impediment.
Chapter VII Public Administration
Section I General Provisions
Article ۳۷ [General Basis]
(۰) The direct or indirect government administration of any of the Branches of
the Republic of the States٫ of the Federal District and of the Municipalities٫
as well as any of their foundations٫ shall obey the principles of lawfulness٫
impersonality٫ morality٫ publicity٫ and also the following:
I. public offices٫ positions٫ and functions are accessible to Brazilians who
satisfy the requirements established by law;
II. investiture in a public office or position depends on prior approval in a
public competitive examination of tests or of tests and titles٫ except for
appointment to a commission office declared by law to be free for appointment
and discharrrrge;
III. the period validity of a public examination is up to two years٫ extendable
once for a like period;
IV. during the unextendable period set forth in the public call notice٫ a
person approved in a public competitive examination of tests or of tests and
titles shall be called٫ with priority over new approved applicants٫ to assume
an office or position in the career;
V. commission offices and bonafide functions are exercised preferentially٫ by
civil servants holding a technical or professional career office٫ in the events
and on the conditions set forth in the law;
VI. civil servants are assured of the right to free unionnnn association;
VII. the right to strike is exercised under the terms and within the limits
defined in a supplemental law;
VIII. the law reserves a percentage of public offices and positions for
handicapped persons and defines the criteria for hiring them;
IX. the law establishes the cases of hiring a given person for a period of time
in order to attend to a temporary need of exceptional public interest;
X. general review of the compensation of government employees٫ without
distinction of indices between civil and military servants٫ shall always take
place on the same date;
XI. the law establishes the maximum limit and proportion between the highest
and lowest compensation of government employees٫ observing٫ as maximum limits
and within the sphere of respective authority٫ the amounts received as any kind
of compensation٫ in legal tender٫ by members of Congress٫ Ministers of State٫
and Justices of the Federal Supreme Court and the corresponding offices in the
States٫ Federal District٫ and Territories٫ and٫ in the Municipalities٫ the
amounts received as compensation٫ in legal tender٫ by the Mayor;
XII. the compensation for the offices of the Legislative and of the Judiciary
may not be higher than the compensation paid for the execcccutives;
XIII. it is forbidden to link or equalize salaries٫ for purposes of
compensating personnel in the public service٫ excepting the provisions of the
preceding item and of Article ۳۹ (۱);
XIV. pecuniary raises received by a government employee is not computed or
accumulated٫ for purposes of granting subsequent raises٫ on the same account or
on an identical basis;
XV. the salaries of civil and military servants are irreducible and their
compensation shall comply with the provisions of Articles ۳۷ XI٫ XII٫ ۱۵۰ II٫
۱۵۳ III٫ and ۱۵۳ (۲) I;
XVI. remunerated accumulation of public offices is forbidden٫ except٫ when the
working hours are compatible:
a) of two positions of teacher;
b) of one position of teacher with another technical or scientific position;
c) of two exclusively medical positions;
XVII. the accumulating prohibition extends to positions and functions and
includes autonomous governments entities٫ public companies٫ mixed capital
companies٫ and foundations maintained by the Government;
XVIII. the financial administration and its fiscal servants shall٫ within their
spheres of authority and jurisdiction٫ enjoy precedence over the other
administration sectors٫ as set forth in the law;
XIX. a public company٫ a mixed capital company٫ an autonomous government entity
or a public foundation may only be organized through a specific law;
XX. the organization of subsidiaries of the entities mentioned in the preceding
item requires legislative authorization in each case٫ as also participation by
any of them in a private company;
XXI. except for the cases specified in the law٫ public works٫ services٫
purchases٫ and disposals shall be contracted by public bidding٫ ensuring equal
conditions to all bidders٫ with clauses that stablish payment obligations٫
maintaining the effective conditions of the bid٫ according to the law٫ which
shall only allow requirement of technical and economic qualifications essential
to secure performance of the obligations.
(۱) The publicity of government agencies acts٫ programs٫ public works٫
services٫ and campaigns shall be of an educational٫ informative٫ or social
orientation charrrracter٫ and may not include names٫ symbols٫ or images
representing personal promotion of government authorities or employees.
(۲) Non compliance with the provisions of items II and III results in nullity
of the act and punishment of the responsible authority٫ according to the law.
(۳) Complaints relating to the rendering of public services are regulated by
law.
(۴) Acts of administrative dishonesty result in suspension of political rights٫
loss of public office٫ prohibition to transfer personal property an
reimbursement to the Public Treasury٫ in the manner and grading set forth in
the law٫ without prejudice to the applicable criminal action.
(۵) The law establishes the statute of limitations for unlawful acts performed
by any agent٫ whether or not a civil servant٫ which cause losses to the Public
Treasury٫ regardless of the respective claims for reimbursement.
(۶) Public entities and private entities rendering public services are liable
for the damages caused to third parties٫ by their agents٫ in such capacity٫
ensuring the right of recourse against the liable agent in cases of intent or
fault.
Article ۳۸ [Servants and Representatives]
The following provisions apply to a civil servant exercising an elective
office:
I. in the case of a federal٫ state٫ or district elective office٫ he shall leave
his office٫ position of function;
II. if vested in the office of Mayor٫ he is removed from the office٫ position٫
or function٫ and he may opt for the respective compensation;
III. if vested in the office of City Councilman٫ and if the working hours are
compatible٫ he receives the benefits of his office٫ position٫ or function٫
without prejudice to compensation for the elective office٫ and٫ if there is no
such compatibility٫ the provisions of the preceding item apply;
IV. in any case requiring leave of absence for the exercise of an elective
office٫ his period of service is counted for all legal purposes٫ except for
promotion by merit;
V. for purposes of social security benefits٫ in the case of leave of absence٫
the amounts are determined as if he were in activity.
Section II Civil Servants
Article ۳۹ [Civil Servants Regime]
(۰) The Republic٫ the States٫ the Federal District٫ and the Municipalities
institute٫ within their jurisdiction٫ a sole juridical regime and career plans
for the servants of the direct government administration٫ of autonomous
government entities٫ and of public foundations.
(۱) The law ensures٫ to direct administration servants٫ equal
salaries for offices with equal or similar duties in the same Branch or between
servants of the execcccutive٫ Legislative٫ and Judiciary Branches٫ except for
individual advantages and those relative to work nature or location.
(۲) The provisions of Article ۷ IV٫ VI٫ VII٫ VIII٫ IX٫ XII٫ XIII٫ XV٫ XVI٫
XVII٫ XVIII٫ XIX٫ XX٫ XXII٫ XXIII٫ and XXX apply to the servants.
Article ۴۰ [Retirement]
(۰) A civil servant goes into retirement:
I. for permanent disability٫ the pension being full when such disability
results from a work accident٫ a professional disease or a serious٫ contagious
or incurable illness٫ as specified by law٫ and being proportional in all other
cases;
II. compulsorily٫ at seventy years of age٫ with a pension proportional to the
period of service;
III. voluntarily:
a) upon thirty-five years of service٫ if a man٫ and upon thirty years٫if a
woman٫ with full pay;
b) upon thirty years of actual teaching activity٫ if a man٫ and twenty-five٫ if
a woman٫ with full pay;
c) upon thirty years of service٫ if a man٫ and upon twenty-five٫ if a woman٫
with pay in proportion to this period;
d) at sixty-five years of age٫ if a man٫ and at sixty٫ if a woman٫ with pay
proportional to the period of service.
(۱) A supplemental law may establish exceptions to the provisions of item II a)
and c)٫ in the case of work considered hard٫ unhealthy٫ or dangerous.
(۲) The law shall provide for retirement in temporary offices or positions.
(۳) The period of federal٫ state٫ or municipal government service is computed
in full for purposes of retirement and of disengagement.
(۴) Retirement pension are reviewed٫ in the same proportion and on the same
date٫ whenever there is a change in the compensation of servants in activity٫
and any benefits or advantages subsequently granted to servants in activity
shall also be extended to retires٫ including those resulting from
transformation or reclassification of the office or function from which they
retired٫ as set forth in the law.
(۵) The benefit of pension for death has to correspond to the full amount of
compensation or earnings of the deceased servant٫ up to the limit established
by law٫ with due regard for the provisions of the preceding paragraph.
(۶) The retirement and pension benefits of the federal civil servants shall be
financed by resources originating from the unionnnn and from the contributions
of the civil servants٫ under the terms of the law.
Article ۴۱ [Tenure]
Servants appointed by virtue of a public examination acquire tenure after two
years of actual service.
(۱) A tenured civil servant only loses his or her office by virtue of a final
and unappealable court decision or by means of administrative proceedings in
which he or she is assured of full defense.
(۲) If the dismissal of a tenured servant is voided by a court decision٫ he or
she has to be reinstated and any holder of the vacancy to be taken back to the
original office without the right to indemnity٫ placed in another office or
disengaged.
(۳) Upon extinction of an office or declaration of its redundancy٫ a tenured
servant shall remain on paid disengagement until his or her adequate placement
in another office.
Section III Military Public Servants
Article ۴۲ [Military Servants]
(۰) Members of the Armed Forces are federal military servicemen٫ and those of
the state troops and of the military fire brigades are military servicemen of
the respective States٫ of Territories and of the Federal District.
(۱) The ranks٫ with the prerogatives٫ rights٫ and duties inherent to them٫ are
ensured fully to the officers in active service٫ those of the reserve or in
retirement٫ of the Armed Forces٫ of the state troops and of the military fire
brigade of the States٫ Territories and Federal District٫ and they have
exclusive rights to military titles٫ posts and uniforms.
(۲) The ranks of officers of the Armed Forces are awarded by the President of
the Republic and those of officers of the state troops and military fire
brigades of the States٫ Territories٫ and Federal District٫ by their respective
Governors.
(۳) A member of the Armed Forces in active service is transferred to the
reserve if he accepts a permanent civil public office.
(۴) A member of the Armed Forces in active service who accepts a temporary
public office٫ position٫ or function٫ which is not elective٫ even in the
indirect administration٫ shall be put on leave٫ and٫ as long as he remains in
this situation٫ he may only be promoted through seniority٫ and his period of
service shall be counted only for that promotion and for transfer to the
reserve٫ and٫ after two years away from active service٫ whether continuous or
not٫ he shall be retired.
(۵) Servicemen are forbidden to join trade unionnnns and to strike.
(۶) While in actual service٫ a servicemen may not belong to political parties.
(۷) An officer of the Armed Forces only loses his post and rank if he is judged
unworthy of or incompatible with the dignity of being an officer٫ by decision
of a permanent military court٫ in times of peace٫ or of a special martial
court٫ in times of war.
(۸) An officer sentenced through a final and unappealable judgement in a common
or military court to imprisonment for more than two years٫ is submitted to the
trial set forth in the preceding paragraph.
(۱۰) The provisions in Article ۴۰ (۴)٫ (۵)٫ and (۶) apply to the servicemen
referred to in this article and to their pensioners.
(۱۱) The provisions of Article ۴۰ (۴) and (۵) apply to the servicemen referred
to in this article and to their pensioners.
(۱۲) The provisions of Article ۷ VIII٫ XII٫ XVII٫ XVIII٫ and XIX apply to the
servicemen referred to in this article.
Section IV The Regions
Article ۴۳ [Administrative Regions of the Republic]
(۰) For administrative purposes٫ the Republic may coordinate its action in one
same social and geoeconomic complex٫ seeking to achieve its development and to
reduce regional differences.
(۱) A supplemental law provides for:
I. the conditions for the integration of developing regions;
II. the composition of the regional organizations which shall carry out٫ as set
forth in the law٫ the regional plans included in the national economic and
social development plans and approved together with same.
(۲) Regional incentives include٫ besides others٫ as set forth in the law:
I. equal tariffs٫ freight٫ insurance٫ and other cost and price items which are
the responsibility of the Government;
II. favoured interest rates for financing of priority activities;
III. exemptions٫ reductions٫ or temporary deferment of federal taxes due by
individuals or by legal entities;
IV. priority in the economic and social use of rivers and dammed or damnable
water masses in low income regions subject to periodical droughts.
(۳) In the areas referred to in Paragraph (۲) IV٫ the Republic shall grant
incentives for the recovery of arid lands and shall cooperate with small and
medium sized rural owners in implementing water sources and small scale
irrigation in their tracts of land.
Title IV The Organization of the Powers
Chapter I The Legislative Power
Section I The National Congress
Article ۴۴ [Federal Legislative Branch]
(۰) The Legislative Authority of the Republic is exercised by the National
Congress٫ which is composed of the House of Representatives and of the Federal
Federal Senate.
(۱) Each legislature has a duration of four years.
Article ۴۵ [House Composition]
(۰) The House of Representatives is formed by representatives of the people٫
elected by the proportional system in each State٫ in each Territory and in the
Federal District.
(۱) The total number of Representatives٫ as well as the representation per
State and for the Federal District٫ is established by a supplemental law in
proportion to the population٫ the necessary adjustments to be made in the year
preceding the elections٫ so that none of those units of the Federation has less
than eight or more than seventy Representatives.
(۲) Each Territory elects four Representatives.
Article ۴۶ [Representation in the Senate]
(۰) The Federal Senate is composed of members representing the States and the
Federal District٫ elected by majority vote.
(۱) Each State and the Federal District shall elects three Senators with term
of office of eight years.
(۲) One third and two thirds of the representation of each State and of the
Federal District are renewed every four years٫ alternately.
(۳) Each Senator is elected with two alternates.
Article ۴۷ [Deliberative Quorum]
Unless otherwise established in this Constitution٫ the resolutions of each
Chamber of Congress and of its Committees are adopted by a majority vote with
the attendance of the absolute majority of its members.
Section II Powers of the National Congress
Article ۴۸ [Legislative Powers]
It is incumbent upon Congress٫ with the sanction of the President of the
Republic٫ which sanction shall not be required in the events specified in
Articles ۴۹٫ ۵۱٫ and ۵۲٫ to provide for all the matters within the jurisdiction
of the Republic and especially on:
I. system of taxation٫ collection٫ and income distribution;
II. pluriannual plan٫ budgetary directives٫ annual budget٫ credit transactions٫
public debt٫ and issue of money;
III. establishment and modification of the number of troops of the Armed
Forces;
IV. national٫ regional٫ and sectorial development programs and plans;
V. boundaries of the national territory٫ air٫ and maritime space and property
owned by the Republic;
VI. incorporation٫ subdivision٫ or splitting of areas of Territories or States٫
after hearing the respective Legislative
Assemblies;
VII. temporary transfer of the seat of the Federal Government;
VIII. granting of amnesty;
IX. the administrative organization٫ judicial organization٫ Attorney
General''s Office organization٫ and Public Defender''s office organization
of the Republic and of the Territories٫ and the judicial organization٫ Attorney
General''s Office organization and Public Defender''s Office organization
of the Federal District;
X. creation٫ transformation٫ and extinction of public offices٫ positions٫ and
functions;
XI. creation٫ structuring٫ and responsibilities of the Ministries and
Government administration agencies;
XII. telecommunications and radio broadcasting;
XIII. financial٫ foreign exchange٫ and monetary matters٫ financial institutions
and their operations;
XIV. currency٫ currency issuance limits٫ and amount of federal indebtedness.
Article ۴۹ [Exclusive Functions]
It is exclusively incumbent upon Congress:
I. to resolve conclusively on international acts٫ agreements٫ or treaties which
involve charrrrges or commitments against the national patrimony;
II. to authorize the President of the Republic to declare war٫ to make peace٫
to allow foreign forces to go through the national territory٫ or remain therein
temporarily٫ except for the cases set forth in a supplemental law;
III. to authorize the President and the Vice President of the Republic to leave
the country٫ when such absence exceeds fifteen days;
IV. to approve a state of defense and federal intervention٫ authorize a state
of siege٫ or suspend any of these measures;
V. to stay normative acts of the execcccutive Branch which exceed the
regulamentary authority or the limits of the legislative delegation of Powers;
VI. to temporarily transfer its seat;
VII. to establish identical compensation for Federal Representatives and
Senators٫ in each legislature٫ for the subsequent one٫ with due regard for the
provisions of Articles ۱۵۰ II٫ ۱۵۳ III٫ and ۱۵۳ (۲) I;
VIII. to establish for each fiscal year the compensation of the President and
of the Vice President of the Republic and of the Ministers of State٫ with due
regard for the provisions of Articles ۱۵۰ II٫ ۱۵۳ III٫ and ۱۵۳ (۲) I;
IX. to each year examine the accounts rendered by the President of the Republic
and evaluate the reports on the execcccution of Government plans;
X. to supervise and control٫ directly or through the Federal Senate and/or the
House of Representatives٫ the acts of the execcccutive٫ including those of the
indirect administration;
XI. to ensure the preservation of its legislative authority in view of the
normative responsibility of the other Branches;
XII. to evaluate acts of concession and renewal of concession of radio and
television stations;
XIII. to choose two thirds of the members of the Audit Tribunal of the
unionnnn;
XIV. to approve initiatives of the execcccutive Branch regarding nuclear
activities;
XV. to authorize a referendum and to call a plebiscite;
XVI. to authorize٫ in Indian lands٫ the exploitation and use of hydric
resources٫ and prospecting and mining of mineral resources;
XVII. to give its prior approval for the disposal or concession of public lands
with an area of over two thousand and five hundred hectares.
Article ۵۰ [Calling Officers for explanations]
(۰) The House of Representatives or the Federal Senate٫ as well as any of their
Committees٫ may call upon a Minister of State to personally render information
on a pre determined matter٫ and his absence without adequate justification
shall constitute a criminal malversion.
(۱) The Ministers of State may attend the Federal Senate٫ the House of
Representatives٫ or any of their Committees٫ on their own initiative and by
agreement with the respective Presiding Board٫ to report on a matter relevant
to their Ministry.
(۲) The Presiding Board of the House of Representatives and of the Federal
Senate may forward written requests for information to the Ministers of State٫
and refusal or non compliance with such request within a period of thirty days٫
as well as the rendering of false information٫ shall constitute a criminal
malversion.
Section III House of Representatives
Article ۵۱ [Exclusive Autority]
It is exclusively incumbent upon the House of Representatives:
I. to authorize٫ by two thirds of its members٫ the institution of legal action
against the President and Vice President of the Republic and the Ministers of
State;
II. to take the accounts of the President of the Republic٫ when they are not
submitted to Congress within sixty days of opening of the legislative session;
III. to prepare its internal regulations;
IV. to provide for its organization٫ operation٫ police٫ creation٫
transformation٫ or extinction of offices٫ positions٫ and functions of its
services and establishment of the respective compensation٫ observing the
guidelines established in the budget directives law;
V. to elect the members of the Council of the Republic٫ according to Article ۸۹
VII.
Section VI Federal Senate
Article ۵۲ [Exclusive Powers]
(۰) It is incumbent exclusively upon the Federal Senate:
I. to sue and try the President and Vice President of the Republic for criminal
malversion and the Ministers of State for crimes of the same nature connected
therewith;
II. to sue and try the Justices of the Federal Supreme Court٫ the Attorney
General of the Republic and the Advocate General of the Republic for criminal
malversion;
III. to give its prior approval٫ by secret ballot٫ after public hearing٫ on the
selecttttion of:
a) judges٫ in the cases established in this Constitution;
b) Justices of the Audit Tribunal of the unionnnn appointed by the President
of the Republic;
c) Governor of a Territory;
d) president and directors of the Central Bank;
e) Attorney General of the Republic;
f) holders of other offices as determined by the law;
IV. to give its prior approval٫ by secret ballot٫ after closed hearing٫ on the
selecttttion of the heads of permanent diplomatic missions;
V. to authorize foreign transactions of a financial nature٫ of interest to the
Republic٫ the States٫ the Federal District٫ the Territories and the
Municipalities;
VI. to establish٫ as proposed by the President of the Republic٫ aggregate
limits for the amount of the consolidated debt of the Republic٫ the States٫ the
Federal District and the Municipalities;
VII. to provide for the aggregate limits and conditions for foreign and
domestic credit transactions of the Republic٫ the
States٫ the Federal District and the Municipalities٫ of their autonomous
government entities٫ and other entities controlled by the Federal Government;
VIII. to provide for the limits and conditions for the Republic to render its
guarantee in foreign and domestic credit transactions;
IX. to establish aggregate limits and conditions for the amount of debt of the
States٫ the Federal District and the Municipalities;
X. to stay the application٫ in full or in part٫ of a law declared
unconstitutional by final decision of the Federal Supreme Court;
XI. to approve٫ by absolute majority and by secret ballot٫ the removal from
office of the Attorney General of the Republic before the end of his term of
office;
XII. to draw up its internal regulations;
XIII. to provide for its organization٫ operation٫ police٫ creation٫
transformation٫ or extinction of offices٫ positions٫ and functions of its
services and to determine the respective compensation٫ with due regard for the
guidelines established in the budget directives law;
XIV. to elect the members of the Council of the Republic pursuant to Article ۸۹
VII.
(۱) In the events set forth in Items I and II٫ the Chief Justice of the Federal
Supreme Court acts as President٫ and the sentence٫ which may only be rendered
by two thirds of the Federal Federal Senate٫ is limited to loss of office٫ with
disqualification to hold any public office for a period of eight years٫ without
prejudice to other applicable judicial sanctions.
Section V Representatives and Senators
Article ۵۳ [Inviolability٫ Imunity]
(۰) The Representatives and Senators enjoy inviolability regarding their
opinions٫ words٫ and votes.
(۱) From the date of investiture٫ the members of Congress may not be arrested٫
except in flagrante delicto of a crime not entitled to bail٫ nor may they be
criminally sued٫ without prior authorization from the respective Chamber of
Congress.
(۲) Denial of the request for authorization or the absence of a resolution
suspends the statute of limitations for the duration of the term of office.
(۳) In the event of flagrante delicto of a crime not entitled to bail٫ the case
record has to be sent within twenty-four hours to the respective Chamber of
Congress٫ which٫ by secret ballot of a majority of its members٫ shall resolve
on the arrest and authorize or not the determination of criminal liability.
(۴) The Representatives and Senators are judged by the Federal Supreme Court.
(۵) The Representatives and Senators are not required to render testimony on
information received or rendered by virtue of the exercise of their term of
office nor against the persons who rendered them information or those who
received information from them.
(۶) The enlistment of Representatives and Senators into the Armed Forces٫ even
if they are servicemen and even in times of war٫ depends upon prior
authorization from the respective Chamber of Congress.
(۷) The immunities of Representatives or Senators subsists during a state of
siege٫ and may only be suspended by the vote of two thirds of the members of
the respective Chamber of Congress٫ in the event of acts performed outside the
premises of Congress٫ which are incompatible with the implementation of such
measure.
Article ۵۴ [Forbbiden Actions]
Representatives and Senators shall not:
I. as from the date of issue of the certificates:
a) execcccute or maintain a contract with a public entity٫ an autonomous
government entity٫ a state owned company٫ a mixed capital company or a public
utility company٫ unless the contract complies with uniform clauses;
b) accept or hold a remunerated office٫ function or job٫ including those which
may be terminated "ad nutum"٫ in the entities listed in the preceding item;
II. as from taking of office:
a) be the owners٫ controllers٫ or directors of a company which enjoys a
privilege as a result of a contract with a public entity or perform a
remunerated function therein;
b) hold an office or a function subject to termination "ad nutum" in the
entities referred to in Item I a);
c) advocate a cause in which any of the entities referred to in Item I a)٫ have
an interest;
d) be the holder of more than one public elective position or office.
Article ۵۵ [Cassation of Mandate]
(۰) A Representative or Senator loses his or her office:
I. if he or she infringes upon any of the prohibitions established in the
preceding article;
II. if his or her conduct is declared to be incompatible with parliamentary
decorum;
III. if he or she fails to attend٫ during each legislative term٫ one third of
the ordinary sessions of his or her Chamber of Congress٫ except for a leave of
absence or a mission authorized by such Chamber of Congress;
IV. if he or she loses or suffers suspension of his or her political rights;
V. whenever decreed by the Electoral Courts٫ in the events set forth in this
Constitution;
VI. if he or she is criminally convicted by a final and unappealable sentence.
(۱) Abuse of the prerogatives ensured to members of Congress or receipt of
undue advantages٫ besides such cases as are defined in the internal
regulations٫ is incompatible with parliamentary decorum.
(۲) In the events of Items I٫ II and VI٫ loss of office is decided by the House
of Representatives or by the Federal Senate٫ by secret ballot and absolute
majority٫ on the initiative of the respective Presiding Board or of a political
party represented in Congress٫ full defense being ensured.
(۳) In the events set forth in Items III to V٫ the loss is declared by the
Presiding Board of the respective Chamber of Congress ex officio or on the
initiative of any of its members٫ or of a political party represented in
Congress٫ full defense being ensured.
Article ۵۶ [No Cassation of Mandate]
(۰) A Representative or Senator does not lose his or her office if:
I. he or she is vested in an office of Minister of State٫ Governor of a
Territory٫ Secretary of a State٫ of the Federal District٫ or of a Territory٫
Mayor of a State Capital or head of a temporary diplomatic mission;
II. he or she is on leave of absence from the respective Chamber of Congress by
virtue of illness٫ or to pursue٫ without compensation٫ a private matter٫
provided that٫ in this case٫ the absence does not exceed one hundred and twenty
days per legislative term.
(۱) The alternate is called in cases of vacancy٫ of investiture in the
functions set forth in this article٫ or of leave of absence exceeding one
hundred and twenty days.
(۲) If a vacancy occurs and there is no alternate٫ an election has to be held
to fill the vacancy if more than fifteen months
remain٫ before the end of the term of office.
(۳) In the event of Item I٫ the Representative or Senator may opt for
compensation of the elected office.
Section VI Sessions
Article ۵۷ [Meetings]
(۰) Congress meets each year in the Federal Capital٫ from February ۱۵th to June
۳۰th and from August ۱st to December ۱۵th.
(۱) If sessions scheduled for these dates fall on a Saturday٫ a Sunday or a
holiday٫ such meetings is transferred to the immediately subsequent business
day.
(۲) A legislative term is not interrupted without approval of the bill for the
budget directives law.
(۳) In addition to other cases set forth herein٫ the House of Representatives
and the Federal Senate meets in a joint session to:
I. inaugurate the legislative term;
II. draw up the regulations and regulate the creation of services common to
both Chambers of Congress;
III. take the oath of the President and Vice President of the Republic;
IV. acknowledge a veto and resolve thereon.
(۴) The House of Representatives and the Federal Senate meet in preparatory
sessions٫ as from February ۱st٫ in the first legislative year٫ for the
inauguration of its members and election of the respective Presiding Boards٫
for a term of office of two years٫ re-election to the same office in the
immediately subsequent election being prohibited.
(۵) The Presiding Board of joint Congress Sections is presided over by the
President of the Federal Senate٫ and the remaining offices are held٫
alternately٫ by the occupants of equivalent offices in the House of
Representatives and in the Federal Senate.
(۶) Congress is called for an extraordinary session:
I. by the President of the Federal Senate٫ in the event of decree of a state of
defense or federal intervention٫ of a request for authorization to decree a
state of siege٫ and for the President and the Vice President of the Republic to
take their oaths and offices;
II. by the President of the Republic٫ by the Presidents of the House of
Representatives and of the Federal Senate٫ or at the request of a majority of
the members of both Chambers of Congress in the event of urgency or relevant
public interest.
(۷) In an extraordinary legislative session٫ Congress only conducts the
business for which it was called.
Section VII Committees
Article ۵۸ [Constitution of Committees]
(۰) Congress and its two Chambers have permanent and temporary committees٫
which are formed in the manner and with the duties set forth in the respective
regulations or in the act determining the creation thereof.
(۱) In forming the Presiding Boards and each Committee٫ proportional
representation of the political parties or of the parliamentary groups which
participate in the respective Chamber of Congress shall be ensured to the
extent possible.
(۲) It is incumbent upon the committees٫ based upon the subject of their
authority:
I. to discuss and vote on bills of law which٫ in accordance with the
regulations٫ are not within the authority of the Plenary٫ except in the event
of appeal by one tenth of the members of one of the Chambers of Congress;
II. to hold hearings with entities of society;
III. to call Ministers of State to render information on matters inherent to
their duties;
IV. to receive petitions٫ claims٫ statements٫ or complaints from any person
against acts or omissions of government authorities or entities;
V. to request the deposition of any authority or citizen;
VI. to examine construction work programs and national٫ regional٫ and sectorial
development plans and issue opinions thereon.
(۳) Parliamentary investigation committees٫ which shall have the investigation
powers inherent to the judicial authorities٫ in addition to other powers set
forth in their respective regulations٫ are createeeed by the House of
Representatives and by the Federal Senate٫ jointly or severally٫ at the request
of one third of its members٫ for investigation of a certain fact and for a
certain period of time٫ and their conclusions shall٫ if necessary٫ be forwarded
to the Attorney General''s Office to determine the civil or criminal
liability of the offenders.
(۴) During recess there is a standing Committee to represent Congress٫ elected
by its two Chambers at the last ordinary session of the legislative term٫ with
duties defined in the common regulations٫ the composition of which shall٫ to
the extent possible٫ reflect the proportional representation of the political
parties in Congress.
Section VIII Legislative Procedure
Subsection ۱ General Provisions
Article ۵۹ [Laws]
(۰) Legislative procedure includes the preparation of:
I. amendments to the Constitution;
II. supplemental laws;
III. statutory laws;
IV. delegated laws;
V. provisional measures;
VI. legislative decrees;
VII. resolutions.
(۱) A supplemental law provides for the preparation٫ drafting٫ amendment٫ and
consolidation of laws.
Subsection II Amendments to the Constitution
Article ۶۰ [Amendment of the Constitution]
(۰) The Constitution may be amended on the proposal of:
I. at least one third of the members of the House of Representatives or of the
Federal Senate;
II. the President of the Republic;
III. more than one half of the Legislative Assemblies of the units of the
Federation٫ each of which expresss itself by a simple majority of its members.
(۱) The Constitution may not be amended during federal intervention٫ state of
defense or state of siege.
(۲) The proposal is discussed and voted in each Chamber of Congress٫ in two
rounds٫ and it is considered approved if it obtains three-fifths of the votes
of the respective members in both rounds.
(۳) An amendment to the Constitution is enacted by the Presiding Boards of the
House of Representatives and of the Federal Senate٫ with a respective sequence
number.
(۴) No resolution is discussed concerning an amendment proposal which tends to
abolish:
I. the federative form of the State;
II. the direct٫ secret٫ universal٫ and periodic vote;
III. the separation of the Government Branches;
IV. individual rights and guarantees.
(۵). The subject dealt with in an amendment proposal that is rejected or
considered impaired cannot be the subject of another proposal in the same
legislative term.
Subsection III The Laws
Article ۶۱ [Law-making procedure]
(۰) The initiative of supplemental laws and statutory laws is incumbent upon
any member of Committees of the House of Representatives٫ of the Federal Senate
or of Congress٫ upon the President of the Republic٫ the Federal Supreme Court٫
the Superior Courts٫ the Attorney General of the Republic٫ and the citizens٫ in
the manner and events set forth in this Constitution.
(۱) The initiative of the following laws is incumbent solely upon the President
of the Republic:
I. laws which determine or modify the number of troops in the Armed Forces;
II. laws which deal with:
a) creation of public offices٫ functions٫ or positions in the direct
administration and in autonomous government entities٫ or increase in the
compensation thereof;
b) administrative and judicial organization٫ tax٫ and budgetary matters٫ public
services٫ and administrative personnel of the Territories;
c) Government employees of the Republic and Territories٫ their legal treatment٫
appointment to offices٫ tenure and retirement of civil servants٫ retirement٫
and transfer of servicemen to inactivity;
d) organization of the Attorney General''s Office and of the Public
Defender''s Office of the Republic٫ as well as general rules for the
organization of the Attorney General''s Office and of the Public
Defender''s Office of the States٫ the Federal District and the Territories;
e) creation٫ structuring٫ and duties of the Ministries and government
administration agencies.
(۲) Public initiative may be exercised by presentation to the House of
Representatives of a bill of law subscribed by at least one percent of
Brazilian voters٫ distributed throughout at least five States٫ with no less
than three tenths percent of the voters of each of these States.
Article ۶۲ [Provisional Measures]
(۰) In relevant and urgent cases٫ the President of the Republic may adopt
provisional measures with the force of law and shall submit such measures to
Congress immediately. If Congress is in recess٫ an extraordinary session shall
be called within five days.
(۱) Provisional measures lose their effectiveness as from the date of their
issuance if they are not converted into law within a period of thirty days as
from their publication٫ and Congress regulates the legal relations arising
therefrom.
Article ۶۳ [Expenditure]
An increase in expenditure is not admitted if it is established:
I. in bills which are the exclusive initiative of the President of the
Republic٫ except for the provisions of Article ۱۶۶ (۳) and (۴);
II. in bills on the organization of the administrative services of the House of
Representatives٫ the Federal Senate٫ the Federal Courts٫ and the Attorney
General''s Office.
Article ۶۴ [Discussion٫ Voting]
(۰) The discussion and vote of bills of law which are the initiative of the
President of the Republic٫ of the Federal Supreme Court٫ and of the Superior
Courts commences in the House of Representatives.
(۱) The President of the Republic may request urgency in the examination of
bills of his initiative.
(۲) If٫ in the case set forth in the previous paragraph٫ the House of
Representatives and the Federal Senate fail to each٫ successively٫ express
themselves on the proposition٫ within up to forty-five days٫ such proposition
is included in the agenda and resolution on other matters are suspended for the
proposition to be voted.
(۳) Amendments of the Federal Senate are examined by the House of
Representatives within a period of ten days٫ with due regard٫ otherwise٫ for
the provisions of the preceding paragraph.
(۴) The periods of time set forth in Paragraph (۲) do not run when Congress is
in recess and do not apply to bills for codes.
Article ۶۵ [Aprovation٫ Revision]
(۰) A bill of law approved by one Chamber of Congress is reviewed by the other
in a single discussion and voting round٫ and٫ if the reviewing Chamber approves
the bill٫ it is sent for sanctioning or enactment٫ or if it is rejected٫ it is
dismissed.
(۱) If a bill is amended٫ it shall return to the initial Chamber.
Article ۶۶ [Sanction and Promulgation]
(۰) The Chamber of Congress in which voting was concluded sends the bill of law
to the President of the Republic٫ who sanctions it if he consents thereto.
(۱) If the President of the Republic deems all or part of the bill to be
unconstitutional or contrary to public interests٫ he shall veto it fully or
partially within fifteen business days as from the date of receipt and advise
the President of the Federal Senate of the reasons for the veto within
forty-eight hours.
(۲) A partial veto only applies to the full text of an article٫ paragraph٫
item٫ or subitem.
(۳) After a period of fifteen days has elapsed٫ silence on the part of the
President of the Republic operates as sanctioning.
(۴) A veto examines in a joint session within thirty days of receipt thereof٫
and may only be rejected by an absolute majority of the Representatives and
Senators by secret ballot.
(۵) If the veto is not upheld٫ the bill is submitted to the President of the
Republic for enactment.
(۶) If the period established in Paragraph (۴) elapses without a resolution٫
the veto is included in the agenda of the next session٫ suspending other
propositions until final voting thereof٫ except for the matter referred to in
Article ۶۲ (۱).
(۷) If the law is not enacted by the President of the Republic within
forty-eight hours٫ in the events set forth in Paragraphs (۳) and (۵)٫ the
President of the Federal Senate enacts it and٫ if he fails to do so within the
same period٫ it is incumbent upon the Vice President of the Federal Senate to
do so.
Article ۶۷ [Rejected Drafts]
The subject of a rejected bill of law may only be the subject of a new bill in
the same legislative term on the proposal of the absolute majority of the
members of any of the Chambers of Congress.
Article ۶۸ [Delegated Laws]
(۰) Delegated laws are drawn up by the President of the Republic who requests
delegation from Congress.
(۱) Acts subject to the exclusive authority of Congress٫ those subject to the
exclusive authority of the House of Representatives or of the Federal Senate٫
matters reserved for supplemental laws٫ and legislation on the following shall
not be delegated:
I. organization of the Judicial Branch and of the Attorney
General''s Office٫ and the career and privileges of their members;
II. nationality٫ citizenship٫ and individual٫ political and electoral rights;
III. pluriannual plans٫ budgetary guidelines٫ and budgets.
(۲) Delegation to the President of the Republic is granted by resolution of
Congress٫ which specifies its contents and the terms for performance thereof.
(۳) If the resolution determines that the bill is examined by Congress٫ the
latter does so by a single ballot without any amendments.
Article ۶۹ [Suplemental Laws]
Supplemental laws shall be approved by absolute majority.
Section IX Accounting٫ Financial٫ and Budgetary Control
Article ۷۰ [Parliamentary Control]
(۰) Control of the accounts٫ finances٫ budgets٫ operations٫ and property of the
Republic and of the direct and indirect administration entities as to
lawfulness٫ legitimacy٫ economicalness٫ application of subsidies٫ and waiver of
revenues is exercised by Congress٫ by means of external control and through the
internal control system of each Branch.
(۱) Accounts are rendered by any individual or public entity which uses٫
collects٫ keeps٫ manages٫ or administers public moneys٫ assets٫ and values or
those for which the Republic is responsible٫ or which٫ on behalf of the
Republic٫ assumes obligations of a pecuniary nature.
Article ۷۱ [External Audit]
(۰) External control under the responsibility of Congress is exercised with the
assistance of the Audit Tribunal of the unionnnn٫ which shall:
I. examine the accounts rendered each year by the President of the Republic٫ by
means of a prior opinion which is prepared within sixty days of receipt
thereof;
II. evaluate the accounts of the administrators and others who are responsible
for public moneys٫ assets٫ and values of the direct and indirect
administration٫ including foundations and companies instituted or maintained by
the Federal Administration٫ and the accounts of those who have caused a loss٫
misplacement٫ or other irregularity resulting in losses to the public treasury:
III. examine٫ for registration purposes٫ the lawfulness of acts of any
personnel hired in the direct and indirect administration٫ including
foundations instituted and maintained by the Government٫ excepting appointments
to commission offices٫ as well as the approval of civil and military retirement
and pension٫ except for subsequent benefits which do not alter the legal
grounds for such approval;
IV. carry out٫ on its own initiative or the initiative of the House of
Representatives٫ the Federal Senate or a technical or investigation Committee٫
inspections and audits of an accounting٫ financial٫ budgetary٫ operational٫ or
property nature in the administrative units of the Legislative٫ execcccutive٫
and Judicial Branches and other entities referred to in Item II;
V. control the national accounts of supranational companies in whose capital
stock the Republic holds a direct or indirect interest٫ according to the terms
established in the acts of incorporation;
VI. control the application of any funds transferred by the Republic٫ under a
contract٫ agreement٫ arrangement٫ or other similar instrument٫ to a State٫ to
the Federal District or to a Municipality;
VII. render the information requested by any of the Chambers
or any of the respective Committees of Congress concerning accounting٫
financial٫ budgetary٫ operational٫ and property control and the results of
audits and inspections made;
VIII. apply to the responsible parties٫ in the event of illegal expenses or
irregular accounts٫ the sanctions provided for in law٫ which shall establish٫
among other penalties٫ a fine proportional to the damages caused to the public
treasury;
IX. establish a period for the agency or entity to take the action required for
the proper enforcement of the law٫ if an illegality is determined;
X. stay٫ if not heeded٫ the performance of the contested act٫ advising the
House of Representatives and the Federal Senate of this decision;
XI. inform the proper Branch on any irregularities or abuses determined.
(۱) In the event of a contract٫ the action of staying is taken directly by
Congress which immediately requests the execcccutive to take the proper
action.
(۲) In the event that Congress or the execcccutive does not take the action
set forth in the preceding paragraph٫ within ninety days٫ a Court decides the
matter.
(۳) Decisions of a Court resulting in the imposition of a debt or fine have the
effectiveness of an execcccution instrument.
(۴) Each quarter and each year٫ the Court presents to Congress a report on its
activities.
Article ۷۲ [Committee]
(۰) The permanent mixed Committees referred to in Article ۱۶۶ (۱)٫ may٫ in view
of indications of unauthorized expenses٫ even if in the form of non programmed
investments or of non approved subsidies٫ request the responsible government
authority to render the necessary explanations within five days.
(۱) If the explanations are not rendered or if they are considered
insufficient٫ the Committee requests the Court to give the final opinion on the
matter within a period of thirty days.
(۲) If the Court considers the expense to be irregular٫ the Committee shall٫ if
it believes that the expenditure may cause irreparable damages or serious
injury to the public economy٫ propose to Congress that it be suspended.
Article ۷۳ [Audit Tribunal of the unionnnn]
(۰) The Audit Tribunal of the unionnnn٫ which is made up of nine Justices٫ has
its seat in the Federal District٫ has its own staff and has jurisdiction
throughout the entire Brazilian territory٫ and exercises٫ where appropriate٫
the duties set forth in Article ۹۶.
(۱) The Justices of the Audit Tribunal of the unionnnn are appointed among
Brazilians who satisfy the following requirements:
I. more than thirty-five and less than sixty-five years of age;
II. moral integrity and unblemished reputation;
III. notorious knowledge of the law٫ accounting٫ economics٫ and finances or of
government administration;
IV. more than ten years of practice or of actual professional activity
requiring the knowledge mentioned in the preceding item.
(۲) The Justices of the Audit Tribunal of the unionnnn are chosen as follows:
I. one third by the President of the Republic with the approval of the Federal
Senate٫ two of them being alternately chosen among auditors and members of the
Attorney General''s Office at the Court٫ as indicated in a triple list by the
Court٫ in accordance with criteria of seniority and merit;
II. two thirds by Congress.
(۳) The Justices of the Audit Tribunal of the unionnnn have the same
guarantees٫ prerogatives٫ impediments٫ compensation٫ and
privileges as the Justices of the Superior Court of Justice and may only retire
with the benefits of the office if they have actually held office for more than
five years.
(۴) An auditor٫ when replacing a Justice٫ has the same guarantees and
impediments as the Justice and٫ when exercising other duties of the bench٫
those of a judge of a Federal Regional Court.
Article ۷۴ [Internal Control]
(۰) The Legislative٫ execcccutive٫ and Judicial Branches maintain an
integrated system of internal control for the purpose of:
I. evaluating the achievement of the targets established in the pluriannual
plan٫ the implementation of government programs٫ and of the Republic''s
budgets;
II. determining the lawfulness and evaluating the results٫ as to effectiveness
and efficiency٫ of budgetary٫ financial٫ and property administration of the
agencies and entities of the federal administration٫ as well as of the
application of Government funds by private entities;
III. exercising control over credit transactions٫ guarantees٫ as well as over
the rights and assets of the Republic;
IV. supporting external control in the performance of its institutional
mission.
(۱) The persons responsible for internal control shall٫ upon learning of any
irregularity or illegality٫ inform the Audit Tribunal of the unionnnn thereof٫
subject to joint liability.
(۲) Any citizen٫ political party٫ association or trade unionnnn has standing
under the law to denounce irregularities or illegalities to the Audit Tribunal
of the unionnnn.
Article ۷۵ [Application]
(۰) The provisions of this section apply٫ where appropriate٫ to the
organization٫ composition and control of the Audit Courts of the States and
Federal District٫ and the Audit Courts and Councils of the Municipalities.
(۱) The State Constitutions provide for the respective Audit Courts٫ which are
made up of seven Council Members.
Chapter II execcccutive Branch
Section ۱ President and Vice President of the Republic
Article ۷۶ [President٫ Ministers]
The execcccutive Branch is exercised by the President of the Republic٫
assisted by the Ministers of State.
Article ۷۷ [Election]
(۰) Election of the President and of the Vice President of the Republic takes
place simultaneously٫ ninety days before the end of the current presidential
term of office.
(۱) Election of the President of the Republic includes election of the Vice
President registered with him.
(۲) The candidate who٫ being registered by a political party٫ obtains an
absolute majority of votes٫ not counting blank or void votes٫ is considered to
be elected as President.
(۳) If no candidate attains an absolute majority in the first ballot٫ another
election hat to be held within twenty days after announcement of the results;
the two candidates who obtained the greatest number of votes then compete
and the one who obtains a majority of valid votes is considered elected.
(۴) In the event that٫ before the second election is held٫ a candidate dies٫
withdraws٫ or is legally impaired٫ the candidate with the greatest number of
votes among the remaining candidates is called.
(۵) If٫ in the event of the preceding paragraphs٫ more than one candidate with
an equal number of votes remain in second
place٫ the eldest one is qualified.
Article ۷۸ [Taking of office٫ Oath Before Congress]
(۰) The President and the Vice President of the Republic takes office in a
session of Congress. They take an oath to maintain٫ defend٫ and carry out the
Constitution٫ comply with the laws٫ further the general good of the Brazilian
people٫ sustain the unionnnn٫ integrity٫ and independence of Brazil.
(۱) In the event that ten days as from the date scheduled for taking of office٫
the President or the Vice President٫ except for force majeure٫ has not taken
office٫ such office has to be declared vacant.
Article ۷۹ [Vice President]
(۰) The Vice President replaces the President in the event of impediment and
succeeds him in the event of vacancy.
(۱) The Vice President of the Republic٫ in addition to other duties attributed
to him by supplemental laws٫ assists the President whenever called by the
President for special missions.
Article ۸۰ [Double Vacancy]
In the event of impediment of the President and of the Vice President٫ or of
vacancy in the respective offices٫ the President of the House of
Representatives٫ the President of the Federal Senate٫ and the Chief Justice of
the Federal Supreme Court are called successively to exercise the Presidency.
Article ۸۱ [New Elections٫ Electoral College]
(۰) If a vacancy occurs in the offices of President and Vice President of the
Republic٫ elections are held ninety days after the last vacancy occurred.
(۱) If the vacancy occurs during the last two years of the President''s term
of office Congress holds elections for both offices within thirty days after
the last vacancy occurred٫ in accordance with the law.
(۲) In any of the cases٫ those elected complete the term of office of their
predecessors.
Article ۸۲ [Term]
The term of office of the President of the Republic is four years and he may
not be re-elected for the subsequent term. { Note: The ۱۹۹۷ re-eletion
amendment is in force٫ but has not yet been included into the ICL-Edition. }
The term of office commences on January ۱st of the year following the year of
his election.
Article ۸۳ [Leaving the Country]
The President and the Vice President of the Republic may not٫ without
authorization from Congress٫ leave the country for a period of more than
fifteen days٫ subject to loss of office.
Section II Duties of the President of the Republic
Article ۸۴ [Functions]
(۰) It is incumbent exclusively upon the President of the Republic:
I. to appoint and dismiss the Ministers of State;
II. to exercise٫ with the assistance of the Ministers of State٫ the higher
management of the federal administration;
III. to commence the legislative procedure٫ in the manner and in the events set
forth in this Constitution;
IV. to sanction٫ enact٫ and cause the publication of laws٫ as well as to issue
decrees and regulations for the true enforcement thereof;
V. to veto bills of law٫ wholly٫ or partially;
VI. to provide for the organization and operation of the federal
administration٫ in accordance with the law;
VII. to maintain relations with foreign States and to accredit their diplomatic
representatives; VIII. to enter into international treaties٫ conventions
and acts٫ ad referendum of Congress; IX. to decree a state of defense and
state of siege;
X. to decree and enforce federal intervention;
XI. to send a government message and plan to Congress when the legislative term
is opened٫ describing the country''s situation and requesting the action he
deems necessary;
XII. to grant pardons and reduce sentences٫ after hearing the entities
instituted by law٫ if necessary;
XIII. to exercise supreme command over the Armed Forces٫ promote its generals٫
and to appoint them to the offices held exclusively by them;
XIV. to appoint٫ after approval by the Federal Senate٫ the Justices of the
Federal Supreme Court and of the Superior Courts٫ the Governors of the
Territories٫ the Attorney General of the Republic٫ the president and directors
of the Central Bank٫ and other civil servants٫ when required by law;
XV. to appoint٫ with due regard for the provisions of Article ۷۳٫ the Justices
of the Federal Audit Court;
XVI. to appoint judges in the events established herein and the Advocate
General of the Republic;
XVII. to appoint members of the Council of the Republic pursuant to Article ۸۹
VII;
XVIII. to call and preside over the Council of the Republic and the National
Defense Council;
XIX. declare war٫ if authorized by Congress or upon its referendum٫ whenever
this occurs between legislative terms and٫ under the same conditions٫ decree
full or partial national mobilization;
XX. to make peace٫ if authorized by or upon the referendum of Congress;
XXI. to confer decorations and honorary distinctions;
XXII. to permit٫ in the events set forth in supplemental laws٫ that foreign
forces enter the Brazilian territory٫ or temporarily remain therein;
XXIII. to submit to Congress the pluriannual plan٫ the budget٫ directives bill
of law and the budget proposals set forth in this Constitution;
XXIV. to each year render accounts to Congress concerning the previous fiscal
year٫ within sixty days of the opening of the legislative term;
XXV. to fill and extinguish federal government offices٫ in accordance with the
law;
XXVI. to issue provisional measures٫ with the forces of law٫ according to
Article ۶۲;
XXVII. to perform other duties set forth in this Constitution.
(۱) The President of the Republic may delegate the duties mentioned in Items
VI٫ XII٫ and XXV٫ first part٫ to the Ministers of State٫ to the Attorney
General of the Republic٫ who shall observe the limitations established in the
respective delegations.
Section III Liability of the President of the Republic
Article ۸۵ [Responsability Crimes]
(۰) Those acts of the President of the Republic which contravene the Federal
Constitution and contravene especially the following are criminal malversion:
I. existence of the Republic;
II. free exercise of the powers of the Legislative٫ the Judiciary٫ the Attorney
General''s Office٫ and the Constitutional powers of the units of the
Federation;
III. exercise of political٫ individual٫ and social rights;
IV. internal security of the country;
V. honesty in the administration;
VI. budgetary law;
VII. compliance with the laws and with court decisions.
(۱) Such crimes are defined in a special law٫ which establish the rules of
procedures and trial.
Article ۸۶ [Impeachment]
If charrrrges against the President of the Republic are admitted by two thirds
of the House of Representatives٫ he is submitted for trial before the Federal
Supreme Court for common criminal offenses or before the Federal Federal Senate
for criminal malversion.
(۱) The President is suspended from his duties:
I. in common criminal offenses٫ if the accusation or complaint is received by
the Federal Supreme Court;
II. in the event of criminal malversion٫ after proceedings are instituted by
the Federal Senate.
(۲) If٫ after a period of one hundred and eighty days٫ trial has not been
concluded٫ suspension of the President ceases without prejudice to the normal
progress of the proceedings.
(۳) In the event of common offenses٫ the President of the Republic cannot be
subject to arrest as long as no sentence is rendered.
(۴) During his term of office٫ the President of the Republic may not be held
liable for acts outside the performance of his duties.
Section IV The Ministers of State
Article ۸۷ [Ministers]
(۰) The Ministers of State are chosen among Brazilians who have attained the
age of twenty-one years and who possess political rights.
(۱) It is incumbent upon a Minister of State٫ in addition to other duties
established in this Constitution and in the law:
I. to exercise guidance٫ coordination٫ and supervision of the agencies and
entities of the federal administration in the area of his authority and to give
his referendum to acts and decrees signed by the President of the Republic;
II. to issue instructions for the enforcement of laws٫ decrees٫ and
regulations;
III. to submit to the President of the Republic an annual report on his
management of the Ministry;
IV. to perform acts pertinent to the duties assigned or delegated to him by the
President of the Republic.
Article ۸۸ [Ministeries]
The law provides for the creation٫ structuring٫ and duties of the Ministries.
Section V Council of the Republic and Council of National Defense
Subsection I Council of the Republic
Article ۸۹ [The Council of the Republic]
(۰) The Council of the Republic is a higher body for consultation by the
President of the Republic٫ and its members are:
I. the Vice President of the Republic;
II. the President of the House of Representatives;
III. the President of the Federal Senate;
IV. the majority and the minority leaders of the House of Representatives;
V. the majority and the minority leaders of the Federal Senate;
VI. the Minister of Justice;
VII. six Brazilian born citizens of over thirty-five years of age٫ two of which
appointed by the President of the Republic٫ two
elected by the Federal Federal Senate٫ and two elected by the House of
Representatives٫ all with a term of office of three years and not eligible for
re appointment.
Article ۹۰ [Powers٫ Necessary Consultation]
(۰) It is incumbent upon the Council of the Republic to opine on:
I. federal intervention٫ state of defense٫ and state of siege;
II. matters relevant to the stability of the democratic institutions.
(۱) The President of the Republic may call a State Minister to participate in a
Council meeting٫ when the agenda includes a matter related to the respective
Ministry.
(۲) The organization and operation of the Council of the Republic are regulated
by law.
Subsection II Council of National Defense
Article ۹۱ [Advisory Body]
(۰) The Council of National Defense is the consultation body of the President
of the Republic on matters related to national sovereignty and to defense of
the democratic State٫ and the following are its original members:
I. the Vice President of the Republic;
II. the President of the House of Representatives;
III. the President of the Federal Senate;
IV. the Minister of Justice;
V. the military Ministers;
VI. the Minister of Foreign Affairs;
VII. the Minister of Planning.
(۱) It is incumbent upon the Council of National Defense to:
I. opine in the event of declaration of war and making of peace٫ according to
this Constitution;
II. opine on the decreeing of state of defense٫ state of siege٫ and federal
intervention;
III. propose the criteria and conditions for the use of areas which are
indispensable to the security of the national territory and opine on their
effective use٫ especially on the frontier strip and on those related to the
preservation and exploitation of natural resources of any kind;
IV. study٫ propose٫ and monitor the development of measures required to
guarantee national independence and defense of democratic State.
(۲) The organization and operation of the Council of National Defense are
regulated by law.
Chapter III Judiciary Branch
Section I General Provisions
Article ۹۲ [Bodies]
The following are bodies of the Judiciary Branch:
I. the Federal Supreme Court;
II. the Superior Court of Justice;
III. the Federal Regional Courts and Federal Judges;
IV. the Labor Courts and Labor Judges;
V. the Electoral Courts and Electoral Judges;
VI. the Military Courts and Military Judges;
VII. the Courts and Judges of the States and of the Federal District and of the
Territories.
(۱) The Federal Supreme Court and the Superior Courts have their seat in the
Federal Capital and jurisdiction over the entire national territory.
Article ۹۳ [Statute of Judicature]
A supplemental law proposed by the Federal Supreme Court
shall provide for the bylaws of the Judicature٫ observing the following
principles:
I. admission into the career٫ with the initial office of alternate judge٫
through a public competitive examination of tests and titles٫ with the
participation of the Brazilian Bar in all of its phases٫ and adopting the order
of classification for appointments;
II. promotion from level to level٫ alternately through seniority and merit٫
observing the following rules:
a) promotion is mandatory for a judge who has appeared for three consecutive
times or five alternative times in a merit list;
b) merit promotion presupposes two years in office in the respective level٫ and
that the judge appears in the top fifth part of the seniority list of such
level٫ unless no one satisfying such requirements is willing to accept the
vacancy;
c) evaluation of merit according to criteria of promptness and reliability in
administering justice and performance in recognized extension courses;
d) in determining seniority٫ the court may only refuse the most senior judge by
the vote of two thirds of its members٫ according to a specific procedure٫ the
ballot being repeated until the appointment is determined.
III. access to the courts of second instance are based on seniority and merit٫
alternately٫ determined at the last level or٫ if existing٫ at the Court of
Appeals of Limited Jurisdiction٫ in the case of promotion to the Court of
Appeals٫ in accordance with Item II and to the candidate''s group of origin;
IV. establishment of official courses for preparation and improvement of judges
as requisites for admission and promotion in their careers;
V. the compensation of judges are established with a difference of not more
than ten per cent from one to another career category٫ and under no
circumstances may such compensation exceed that of the Justices of the Federal
Supreme Court;
VI. retirement with full pay is compulsory upon disability or at seventy years
of age٫ and optional upon thirty years of service٫ after five years of actual
activity as a judge;
VII. a permanent judge resides in the respective judicial district;
VIII. acts of removal٫ of suspension from office and of retirement of a judge٫
for public interest٫ are based on a decision adopted by the vote of two thirds
of the respective court٫ ensuring ample defense;
IX. all judgements of bodies of the Judiciary Branch are public٫ and all
decisions must be substantiated٫ under penalty of being null٫ and the law may٫
if the public interest so requires٫ limit attendance in given acts to only the
interested parties and their attorneys٫ or only to the latter;
X. administrative decisions of the courts shall present a justification٫ and
disciplinary decisions shall be adopted by an absolute majority of their
members;
XI. in courts with more than twenty-five judges٫ a special body may be
organized with a minimum of eleven and a maximum of twenty-five members٫ for
the purpose of exercising the administrative and jurisdictional duties which
are the responsibility of the full court.
Article ۹۴ [Composition of some Courts]
One fifth of the seats on the Federal Regional Courts٫ of the Courts of Appeals
of the States and of the Federal District and Territories are formed by members
of the Attorney General''s Office with over ten years of service٫ and by
lawyers of notorious legal knowledge and unblemished reputation٫ with over ten
years of actual professional activity٫ indicated in a list of six names by the
entities which represent the respective groups.
(۱) Upon receipt of the indications٫ the court sets up a list of
three names and sends it to the execcccutive٫ which within the subsequent
twenty days chooses one of the listed names for appointment.
Article ۹۵ [Guarantees of the Judges]
(۰) Judges enjoy the following guarantees:
I. life tenure٫ which٫ at first instance٫ shall only be acquired after two
years in office and٫ during this period٫ loss of office is determined by the
court to which they belong and٫ in other cases٫ by a final and unappealable
court decision;
II. irremovability٫ except by reason of public interest٫ according to Article
۹۳ VIII;
III. irreducibility of earnings٫ with due regard٫ with respect to compensation٫
for the provisions of Articles ۳۷ XI٫ ۱۵۰ II٫ ۱۵۳ III٫ and ۱۵۳ (۲) I.
(۱) Judges are forbidden to:
I. hold٫ even when suspended from office٫ any other office or position٫ except
for a teaching position;
II. receive٫ on any account or for any reason٫ court costs or participation in
a lawsuit;
III. engage in political party activities.
Article ۹۶ [Incumbencies]
(۰) It is incumbent exclusively upon:
I. the Courts of Appeals:
a) to elect their directive bodies and prepare their internal regulations
following the rules of procedure and the procedural guarantees of the parties٫
establishing the jurisdiction and operation of the respective jurisdictional
and administrative bodies;
b) to organize their secretariats and ancillary services and those of the
courts connected with them٫ ensuring performance of the respective inspection
activities;
c) to fill٫ in the manner set forth in this Constitution٫ offices of career
judges within their respective jurisdiction;
d) to propose the creation of new courts of first instance;
e) to fill by means of public competitive examination of tests٫ or of tests and
titles٫ with due regard for the provisions of Article ۱۶۹ (۱)٫ the offices
required for the administration of Justice٫ with the exception of positions of
trust as defined by law;
f) to grant leave٫ vacations٫ and other absences to their members and to the
judges and employees who are immediately subordinated to them;
II. the Federal Supreme Court٫ the Superior Courts٫ and the Courts of Appeals٫
to propose to the respective Legislative Branch٫ with due regard for the
provisions of Article ۱۶۹:
a) alteration in the number of members of lower courts;
b) creation and extinction of offices and establishment of the compensation of
their members٫ of the judges٫ including those of the lower courts٫ if any٫ of
the ancillary services٫ and of the courts subordinated to them;
c) creation or extinction of lower courts٫
d) alteration of the judiciary organization and division;
III. the Courts of Appeals to try judges of the States٫ of the Federal District
and of the Territories٫ as well as the members of the Attorney General''s
Office٫ for common crimes and criminal malversion٫ except in those cases coming
under the jurisdiction of the Electoral Courts.
Article ۹۷ [Unconstitutionality]
The courts may declare the unconstitutionality of a law or of a normative act
of the Government only by an absolute majority of their members or of the
members of the respective special body.
Article ۹۸ [Territories and Federal District]
The Republic٫ in the Federal District and in the Territories٫ and the States٫
shall createeee:
I. specialized courts٫ which have qualified judges or qualified and lay judges٫
with jurisdiction for conciliation٫ judgment and execcccution of civil suits
of lesser complexity and criminal offenses of lower offensive potential٫ by
oral and summary proceedings٫ allowing٫ in the cases set forth in the law٫
settlement and judgment of appeals by panels of judges of first instance;
II. remunerated justice of peace٫ formed by citizens elected by direct٫
universal٫ and secret ballot with a term of office of four years and
jurisdiction to٫ as set forth in the law٫ perform marriages٫ verify٫ ex officio
or by reason٫ of a challenge٫ qualification proceedings٫ and exercise
conciliatory functions of a non-jurisdictional nature٫ besides other functions
set forth in the law.
Article ۹۹ [Full Authonomy]
(۰) The Judiciary Branch is assured of administrative and financial autonomy.
(۱) The courts draw up their budget proposals٫ within the limits stipulated
jointly with the other Branches in the budget directives law.
(۲) The proposal shall٫ after hearing the other interested courts٫ be
forwarded:
I. at Federal level٫ by the Chief Justices of the Federal Supreme Court and of
the Superior Courts٫ with the approval of the respective courts;
II. at State level٫ as well as the level of the Federal District and
Territories٫ by the Chief Justices of the Courts of Appeals٫ with the approval
of the respective courts.
Article ۱۰۰ [Special Payments]
(۰) Except for alimony credits٫ payments owed by the Federal٫ State or
Municipal Treasuries by virtue of a court decision is made exclusively in
chronological order of submission of the judicial requests and on account of
the respective credits٫ it being forbidden to designate cases or persons in
budget appropriations and in additional credits opened for such purpose.
(۱) It is compulsory for the budget of public entities to include the funds
required for the payment of their debts as shown on the judicial requests
submitted on or before July ۱st٫ on which date their values are adjusted٫ and
payment is made until the end of the following fiscal year.
(۲) The budgetary appropriations and the credits opened are allotted to the
Judiciary٫ and the respective amounts are paid to the appropriate department.
It shall be incumbent upon the Chairman of the Court which rendered the
decision to determine payment according to the amount of the deposit٫ and to
authorize٫ at the creditor''s request and exclusively in the event that his
right of precedence is not respected٫ seizure of the amount required to satisfy
the debt.
Section II Federal Supreme Court
Article ۱۰۱ [Composition٫ Nomination]
(۰) The Federal Supreme Court is formed by eleven Justices٫ chosen among
citizens over thirty-five years and under sixty-five years of age٫ with
notorious legal knowledge and unblemished reputation.
(۱) The Justices of the Federal Supreme Court shall be appointed by the
President of the Republic٫ after the choice is approved by the absolute
majority of the Federal Senate.
Article ۱۰۲ [Functions٫ Constitutional Court]
(۰) The Federal Supreme Court is responsible٫ mainly٫ for safeguarding the
Constitution and it is incumbent upon it:
I. to process and adjudicate٫ originally:
a) direct actions of unconstitutionality of a federal or state law or normative
act٫ and declaratory actions of constitutionality of a federal law or normative
act;
b) in common criminal offenses٫ the President of the Republic٫ the Vice
President٫ the members of Congress٫ its own Justices and the Attorney General
of the Republic;
c) in common criminal offenses and criminal malversion٫ the Ministers of State٫
excepting the provisions of Article ۵۲ I٫ the members of the Superior Courts٫
those of the Federal Audit Court and the heads of permanent diplomatic
missions; d) habeas corpus when the petitioner is any one of the persons
referred to in the preceding subsections; writs of mandamus and habeas data
against acts of the President of the Republic٫ of the Presiding Boards of the
House of Representatives and of the Federal Senate٫ of the Audit Tribunal of
the unionnnn٫ of the Attorney General of the Republic٫ and of the Federal
Supreme Court itself; e) litigation between a foreign State or
international organization and the Republic٫ a State٫ the Federal District or a
Territory;
f) disputes and conflicts between the Republic and the States٫ the Republic and
the Federal District٫ or between one another٫ including their respective
indirect administration entities;
g) extradition requested by a foreign State; h) homologation of foreign
court decisions and the granting of exequatur to letters rogatory٫ which may be
conferred by its internal regulations upon its President; i) habeas corpus٫
when the constraining party or the petitioner is a court٫ authority or employee
whose acts are directly subject to the jurisdiction of the Federal Supreme
Court٫ or in the case of a crime subject to the same jurisdiction in one sole
instance; j) criminal review of and rescissory action for its decisions;
k) claims for the preservation of its jurisdiction and guarantee of the
authority of it''s decisions;
l) enforcement of a court decision in a case for which it has original
jurisdiction٫ the delegation of authority to perform procedural acts being
allowed;
m) suits in which all members of the courts are directly or indirectly
involved٫ and suits in which more than half of the members of the court of
origin are impaired or have a direct or indirect interest;
n) conflicts of jurisdiction between the Superior Court of Justice and any
other courts٫ between Superior Courts٫ or between the latter and any other
court;
o) requests for a writ of prevention in direct actions of unconstitutionality;
p) writs of injunction٫ when preparation of the regulation is the
responsibility of the President of the Republic٫ of Congress٫ of the House of
Representatives٫ of the Federal Senate٫ of the Presiding Boards of one of these
Legislative Chambers٫ of the Audit Tribunal of the unionnnn٫ of one of the
Superior Courts٫ or of the Federal Supreme Court itself;
II. to adjudicate٫ at ordinary appeal level: a) habeas corpus٫ writs of
mandamus٫ habeas data and writs of injunction decided in a sole instance by the
Superior Courts٫ in the event of a denial; b) political crimes;
III. to adjudicate٫ at extraordinary appeal level٫ cases decided in a sole or
last instance٫ when the appealed decision:
a) is contrary to a provision of this Constitution;
b) declares the unconstitutionality of a treaty or a federal law;
c) considers valid a law or an act of a local government contested under this
Constitution.
(۱) A claim of non-compliance with a fundamental precept deriving from this
Constitution shall be examined by the Supreme Federal Court٫ under the terms of
the law.
(۲) Final decisions on merits٫ pronounced by the Supreme Federal Court٫ in
declaratory actions of constitutionality of a federal law or normative act٫
shall have force against all٫ as well as a binding effect٫ as regards the other
bodies of the Judicial Power٫ as well as the execcccutive Power.
Article ۱۰۳ [Unconstitutional Acts Cassation]
(۰) Unconstitutionality action may be instituted by:
I. the President of the Republic;
II. the Presiding Board of the Federal Senate;
III. the Presiding Board of the House of Representatives;
IV. the Presiding Board of a State Legislative Assembly;
V. a State Governor;
VI. the Attorney General of the Republic;
VII. the Federal Council of the Brazilian Order of Lawyers;
VII. a political party represented in Congress;
IX. a confederation of labor unionnnns or a national class entity.
(۱) The Attorney General of the Republic shall first be heard in
unconstitutionality actions and in all suits coming under the jurisdiction of
the Federal Supreme Court.
(۲) Upon declaration of unconstitutionality through lack of procedures to make
a constitutional provision effective٫ the appropriate Branch is notified to
adopt the necessary action and٫ in the case of an administrative body٫ to do so
within thirty days.
(۳) When the Federal Supreme Court examines the theoretical unconstitutionality
of a legal provision or normative act٫ it shall first summon the Advocate
General of the Republic٫ who shall defend the challenged act or text.
(۴) A declaratory action of constitutionality may be filed by the President of
the Republic٫ the Directing Board of the Federal Senate٫ the Directing Board of
the Chamber of Deputies or by the Attorney-General of the Republic.
Section III Superior Court of Justice
Article ۱۰۴ [Composition٫ Nomination]
(۰) The Superior Court of Justice is formed by at least thirty-three Justices.
(۱) The Justices of the Superior Court of Justice are appointed by the
President of the Republic٫ selectttted among Brazilians over thirty-five and
under sixty-five years of age٫ and of notorious legal knowledge and unblemished
reputation٫ after approval of the choice by the Federal Senate٫ of which:
I. one third among the judges of the Federal Regional Courts٫ and one third
among the judges of the Courts of Appeals٫ indicated in a list of three names
drawn up by the Court itself;
II. one third٫ in equal parts٫ among lawyers and members of the Attorney
General''s Office of the Republic٫ of the States٫ of the Federal District and
of the Territories٫ alternately٫ indicated as set forth in Article ۹۴.
Article ۱۰۵ [Functions of the Court]
(۰) It is incumbent upon the Superior Court of Justice:
I. to process and adjudicate٫ originally:
a) in common crimes٫ the Governors of the States٫ and of the Federal District
and٫ in common crimes and criminal malversion٫ the justices of the Courts of
Appeals of the States and of the Federal District٫ the members of the Audit
Courts of the States and of the Federal District٫ those of the Federal Regional
Courts٫ of the Regional Electoral and Labor Courts٫ the members of Audit Courts
or Councils of the Municipalities٫ and the members of the Attorney General''s
Office of the
Republic٫ who act before courts; b) writs of mandamus and habeas data
against an act of a Minister of State or of the Court itself; c) habeas
corpus٫ when the constraining party or the petitioner is any of the persons
mentioned in Subsection a)٫ or when the constraining party is a Minister of
State٫ except for the jurisdiction of the Electoral Courts; d) conflicts of
jurisdiction between any courts٫ except for the provisions of Article ۱۰۲ I o)٫
as well as between a court and judges not subordinated to it٫ and between
judges subordinated to different courts;
e) criminal reviews of and the rescissory actions for its decisions;
f) claims for the preservation of its jurisdiction and guarantee of the
authority of its decisions;
g) conflicts of authority between administrative and judicial authorities of
the Republic٫ or between judicial authorities of one State and administrative
authorities of another State or of the Federal District٫ or between those of
the latter and those of the Republic;
h) writs of injunction٫ when the preparation of the regulation is the
responsibility of a federal body٫ entity or authority٫ of direct or indirect
administration٫ with the exception of cases coming under the jurisdiction of
the Federal Supreme Court and of the bodies of the Military Courts٫ or the
Electoral Courts٫ of the Labor Courts and of the Federal Courts;
II. to adjudicate٫ at ordinary appeal level: a) habeas corpus decided in a sole
instance or last instance by the Federal Regional Courts or by the courts of
the States٫ of the Federal District and Territories٫ when the decision denies
it; b) writs of mandamus decided in a sole instance by the Federal Regional
Courts or by the courts of the States٫ of the Federal District and of the
Territories٫ when the decision denies it;
c) cases in which the parties are a foreign State or an international
organization on the one part٫ and a Municipality or a person resident or
domiciled in Brazil on the other part;
III. to adjudicate٫ at special appeal level٫ cases decided٫ in a sole instance
or last instance٫ by the Federal Regional Courts or by the courts of the
States٫ of the Federal District and Territories٫ when the appealed decision:
a) is contrary to a treaty or federal law or denies the effectiveness thereof;
b) considers valid a law or act of a local government٫ contested in view of a
federal law;
c) confers upon a federal law an interpretation different from that which has
been conferred upon it by another court.
(۱) A Council of Federal Justice operates together with the Superior Court of
Justice٫ and it shall٫ as set forth in the law٫ exercise administrative and
budgetary supervision over the Federal Courts of first and second instances.
Section IV Federal Regional Courts and Federal Judges
Article ۱۰۶ [Federal Courts in the States]
The following are bodies of the Federal Courts:
I. the Federal Regional Courts;
II. the Federal Judges;
Article ۱۰۷ [Compostition٫ Nomination٫ Seat]
(۰) The Federal Regional Courts are formed by at least seven judges٫
selectttted٫ whenever possible٫ in their respective regions and appointed by
the President of the Republic among Brazilians over thirty and under sixty-five
years of age٫ of which:
I. one fifth among lawyers with over then years of actual professional activity
and members of the Federal Attorney
General''s Office٫ with more than ten years of service;
II. the others٫ through promotion of federal judges with over five years of
service٫ based on seniority and merit٫ alternately.
(۱) A law regulates the removal or exchange of Federal Regional Court judges
and determines their jurisdiction and seat.
Article ۱۰۸ [Functions of Federal Regional Court]
It is incumbent upon the Federal Regional Courts to:
I. process and adjudicate٫ originally:
a) federal judges of the area of their jurisdiction٫ including those of the
Military Courts and of the Labor Courts٫ in common crimes and in criminal
malversion٫ and the members of the Federal Attorney General''s Office٫ except
for the jurisdiction of the Electoral Courts;
b) criminal review of and the rescissory action for their decisions or those of
the federal judges of the region; c) writs of mandamus and habeas data
against an act of the Court itself or of a federal judge; d) habeas corpus٫
when the constraining authority is a federal judge; e) conflicts of
jurisdiction between federal judges subordinated to the Court;
II. adjudicate at appeal level٫ cases decided by federal judges and by state
judges exercising federal authority in the area of their jurisdiction.
Article ۱۰۹ [Federal Judges'' Functions]
(۰) It is incumbent upon the federal judges to process and adjudicate:
I. cases in which the Republic٫ an autonomous government entity or a federal
public company have an interest as plaintiffs٫ defendants٫ assistants or
opponents٫ except for those relating to bankruptcy٫ to labor accidents and
those subject to the Electoral Courts and the Labor Courts;
II. cases between a foreign State or international organization and a
Municipality or a person domiciled or resident in Brazil;
III. cases based on a treaty or a contract of the Republic with a foreign State
or international organization;
IV. political crimes and criminal offenses against property٫ services or
interests of the Republic or of its autonomous government entities or public
companies٫ excluding misdemeanour and excepting the jurisdiction of Military
Courts and Electoral Courts;
V. crimes set forth in an international treaty or conventions٫ when٫
prosecution havingggg commenced in Brazil٫ the result has taken place or
should have taken place abroad٫ or reciprocally;
VI. crimes against the organization of labor and٫ in the cases determined by
law٫ against the financial system and the financial economic order; VII.
habeas corpus٫ in criminal matters under their jurisdiction or when the
constraint originates from an authority whose acts are not directly subject to
another jurisdiction; VIII. writs of mandamus and habeas data against an
act of a federal authority٫ except for those cases coming under the
jurisdiction of the higher federal courts; IX. crimes committed abroad
ships or aircraft٫ except for the jurisdiction of the Military Courts; X.
crimes of irregular entry or stay of a foreigner٫ execcccution of letters
rogatory after exequatur٫ and of foreign court decision after homologation٫
cases referring to nationality٫ including the respective options٫ and to
naturalization; XI. disputes over the rights of indians.
(۱) Cases in which the Republic is the plaintiff are instituted in the judicial
section where the other party is domiciled.
(۲) Cases filed against the Republic may be instituted in the
judicial section in which the plaintiff is domiciled٫ in what where the act or
fact given rise to the suit took place٫ or where the item is located٫ or٫
further٫ in the Federal District.
(۳) Cases in which the parties are a social security institution and its
beneficiary shall be processed and adjudicated in the state Courts٫ in the
forum domicile of the beneficiary٫ whenever the judicial district is not the
seat of a federal court; in such a situation٫ the law may permit other
cases to be processed and adjudicated in the state Courts.
(۴) In the event of the preceding paragraph٫ the proper appeal shall always lie
with the Federal Regional Court in the jurisdictional area of the judge of
first instance.
Article ۱۱۰ [Regional Courts]
(۰) Each State٫ as well as the Federal District٫ is a judicial section٫ which
has its seat in the respective Capital٫ and courts located as set forth in the
law.
(۱) In the Federal Territories٫ the jurisdiction and duties vested in the
federal judges are incumbent upon the judges of the local courts٫ according to
the law.
Section V Labor Courts and Labor Judges
Article ۱۱۱ [Labour Justice]
The following are bodies of the Labor Courts:
I. the Superior Court of Labor;
II. the Regional Labor Courts;
III. the Conciliation and Judgement Commission.
(۱) The Superior Labor Court is formed by twenty-seven Justices٫ chosen among
Brazilians over thirty-five years and under sixty-five ears of age٫ appointed
by the President of the Republic after approval by the Federal Senate٫ of
which:
I. seventeen qualified judges with life tenure٫ out of which eleven chosen
among career labor judges٫ three among lawyers and three among members of the
Labor Attorney General''s Office;
II. ten temporary group judges٫ with equal representation of workers and
employers.
(۲) The Court forwards to the President of the Republic lists with three names٫
with due regard٫ for the vacancies intended for lawyer and for members of the
Attorney General''s Office٫ for the provision of Article ۹۴٫ and٫ for the
temporary group judges٫ for the result of indication by an electoralcollege
formed by the boards of directors of the national confederations of workers or
employers٫ as the case may be; the list of three names for filling the
office intended for career labor judges shall be prepared by life tenured
qualified Justices.
(۳) The jurisdiction of the Superior Labor Court is established by law.
Article ۱۱۲ [Regional Labour Court]
There has to be at least one Regional Labor Court in each State and in the
Federal District٫ and the law institutes the Conciliation and Judgement
Commissions. In those counties in which they are not instituted٫ the law may
ascribe their jurisdiction to the court judges.
Article ۱۱۳ [Group Judges]
The law provides for the constitution٫ investiture٫ jurisdiction٫ authority٫
guarantees٫ and conditions for performance of the bodies of the Labor Courts٫
ensuring equal representation of workers and employers.
Article ۱۱۴ [Labor Courts]
(۰) It is incumbent upon the Labor Courts to conciliate and adjudicate
individual and collective labor disputes between
workers and employers٫ including foreign public entities and those of the
direct and indirect public administration of the Municipalities٫ of the Federal
District٫ of the States and of the Republic and٫ according to the law٫ other
controversies resulting from labor relationships٫ as well as litigation which
originates from compliance with their own decisions٫ including those of a
collective nature.
(۱) If collective negotiations are unsuccessful٫ the parties may elect
arbitrators.
(۲) If any of the parts refuses negotiation or arbitration٫ the respective
unionnnns and syndicates may institute collective bargaining proceedings٫ and
the Labor Courts may establish rules and conditions respecting the minimum
conventional and legal provisions for the protection of labor.
Article ۱۱۵ [Compostition of Regional Courts]
(۰) The Regional Labor Court are formed by judges appointed by the President of
the Republic٫ two thirds or which to be life tenured qualified judges and one
third of which temporary group judges٫ observing٫ with respect to the qualified
judges٫ the proportion established in Article ۱۱۱ (۱) I.
(۱) The judges of the Regional Labor Courts shall be:
I. labor judges chosen by promotion٫ based alternately on seniority and merit;
II. lawyers and members of the Labor Attorney General''s Office٫ complying
with the provisions of Article ۹۲;
III. group judges indicated in lists with three names by the boards of the
federations and labor unionnnns with their territorial base in the region.
Article ۱۱۶ [Conciliation and Judgement]
(۰) A Conciliation and Judgement Commission shall be formed by one labor judge٫
who presides over it٫ and two temporary group judges representing the workers
and the employers.
(۱) The temporary group judges of the Conciliation and Judgment Commission are
appointed by the President of the Regional Labor Court٫ according to the law٫
and one reappointment is permitted.
Article ۱۱۷ [Term of Temporary Judges]
(۰) The term of office of the temporary judges in all instances is three years.
(۱) The temporary group judges have alternates.
Section VI Electoral Courts and Electoral Judges
Article ۱۱۸ [Electoral Court Bodies]
The following are bodies of the Electoral Courts:
I. the Superior Electoral Court;
II. the Regional Electoral Courts;
III. the Electoral Boards.
Article ۱۱۹ [Membership]
(۰) The Superior Electoral Courts is formed by at least seven members chosen:
I. through election٫ by secret ballot:
a) three judges among the Justices of the Federal Supreme Court;
b) two judges among the Justices of the Superior Court of Justice;
II. by appointment of the President of the Republic٫ two judges among six
lawyers of notorious legal knowledge and good moral repute٫ indicated by the
Federal Supreme Court.
(۱) The Superior Electoral Court shall selectttt its Chief Justice and Deputy
Chief Justice from the Justices of the Federal Supreme Court٫ and the Electoral
Inspector General from the
Justices of the Superior Court of Justice.
Article ۱۲۰ [Regional Courts]
(۰) There has to be a Regional Electoral Court in the Capital of each State and
in the Federal District.
(۱) The Regional Electoral Courts is formed:
I. through election٫ by secret ballot:
a) by two judges among the justices of the Court of Appeals;
b) by two judges٫ among court judges٫ chosen by the Court of Appeals;
II. by one judge of the Federal Regional Court with its seat in the Capital of
the State or in the Federal District٫ or٫ in the absence thereof٫ by a federal
judge chosen in any case by the respective Federal Regional Court;
III. by appointment by the President of the Republic of two judges among six
lawyers or notorious legal knowledge and good moral repute٫ indicated by the
Court of Appeals.
(۲) The Regional Electoral Court shall elect its Chief Justice and Deputy Chief
Justice among the justices.
Article ۱۲۱ [Powers٫ functions٫ organization]
(۰) A supplement law provides for the organization and jurisdiction of the
electoral courts٫ judges and boards.
(۱) The members of the courts٫ the judges and the members of the electoral
boards٫ while in office and to the extent applicable to them٫ enjoy full
guarantees and are irremovable.
(۲) The judges of the electoral courts٫ save for a justified reason٫ serve for
two years at least and never for more than two consecutive two year periods٫
and their substitutes are chosen at the same time and through the same
procedure٫ in equal numbers for each category.
(۳) The decisions of the Superior Electoral Court are unappealable٫ with the
exception of those which contravene this Constitution and those denying habeas
corpus or a writ of mandamus.
(۴) Decisions of the Regional Electoral Courts may only be appealed when:
I. they are rendered against an express provision of this Constitution or of a
law;
II. there is a divergence in the interpretation of a law among two or more
electoral courts;
III. they deal with the ineligibility or issuance of certificates of election
in federal or state elections;
IV. they annul certificates of election or decree loss of federal or state
elective offices; V. they deny habeas corpus٫ writs of mandamus٫ habeas
data or writs of injunction.
Section VII Military Courts and Military Judges
Article ۱۲۲ [Bodies]
The following are bodies of the Military Courts:
I. the Superior Military Court;
II. the Military Courts and Judges instituted by law.
Article ۱۲۳ [Superior Military Court]
(۰) The Superior Military Court is formed by fifteen life tenured Justices
appointed by the President of the Republic after approval of their indication
by the Federal Senate٫ three of which among admirals of the Navy٫ four among
generals of the Army٫ three among generals of the Air Force٫ all of them in
active service and in the highest rank of their career٫ and five among
civilians.
(۱) The civilian Justices are chosen by the President of the Republic among
Brazilians over thirty-five years of age٫ of which:
I. three among lawyers of notorious legal knowledge and unblemished conduct٫
with over ten years of actual professional activity;
II. two٫ by equal choice٫ among military judges and members of the Military
Attorney General''s Office.
Article ۱۲۴ [Functions]
(۰) It shall be incumbent upon the Military Courts to process and adjudicate
the military crimes defined by law.
(۱) The law provides for the organization٫ operation٫ and jurisdiction of the
Military Courts.
Section VIII Courts and Judges of the States
Article ۱۲۵ [Guidelines]
(۰) The States organize their Courts٫ observing the principles established in
this Constitution.
(۱) The jurisdiction of the courts is defined in the Constitution of the State٫
and the law of judicial organization is the initiative of the Court of Appeals.
(۲) It is incumbent upon the States to institute actions of unconstitutionality
of state or municipal laws or normative acts in view of the State Constitution٫
and it is forbidden to ascribe standing to act to only one simple body.
(۳) By proposal of the Court of Appeals٫ a state law may createeee state
Military Courts٫ which are formed at first instance by the Councils of Justice
and at second instance by the Court of Appeals itself or by a Military Court of
Appeals in those States in which the state troops are more than twenty thousand
members.
(۴) It is incumbent upon the state Military Courts to process and try members
of the state troops and of the military fire brigade for the military crimes
defined by law٫ and it is incumbent upon the appropriate court to decide on the
loss of post and rank of officers and of the grade of servicemen.
Article ۱۲۶ [Rural Propriety Deputies]
(۰) For resolving conflicts relating to rural property٫ the Court of Appeals
designates special level judges with exclusive jurisdiction for agrarian
matters.
(۱) Whenever required for efficient jurisdictional service٫ the judges go
personally to the site of the conflict.
Chapter IV Functions Essential to Justice
Section I Attorney General''s Office
Article ۱۲۷ [Attorney General''s Office]
(۰) The Attorney General''s Office is a permanent institution٫ essential to
the jurisdiction function of the State٫ and it is incumbent upon it to defend
the juridical order٫ the democratic regime and indisposable social and
individual interests.
(۱) Unity٫ indivisibility٫ and functions independence are institutional
principles of the Attorney General''s Office.
(۲) The Attorney General''s Office is assured of functional and
administrative autonomy٫ and it may٫ with due regard for the provisions of
Article ۱۶۹٫ propose to the Legislative the creation and extinction of its
offices and ancillary services٫ filling them through a public competitive
examination of tests or of tests and titles; the law shall provide for its
organization and operation.
(۳) The Attorney General''s Office draws up its budgetary proposal within the
limits established in the budget directives law.
Article ۱۲۸ [Composition]
(۰) The Attorney General''s Office includes:
I. the Attorney General''s Office of the Republic٫ which comprises:
a) the Federal Attorney General''s Office;
b) the Labor Attorney General''s Office;
c) the Military Attorney General''s Office'';
d) the Attorney General''s Office of the Federal District and of the
Territories;
II. the Attorney General''s Offices of the States.
(۱) The head of the Attorney General''s Office of the Republic is the
Attorney General of the Republic٫ appointed by the President of the Republic
among career members over thirty-five years of age٫ after approval of his name
by an absolute majority of the members of the Federal Senate٫ for a term of
office of two years٫ re-appointment being permitted.
(۲) Removal of the Attorney General of the Republic from office٫ on the
initiative of the President of the Republic٫ is subject to prior authorization
by an absolute majority of the Federal Senate.
(۳) The Attorney General''s Office of the State and of the Federal District
and of the Territories form a list of three names from career members٫ as set
forth in the respective law٫ for the choice of their Attorney General٫ who is
appointed by the Head of the execcccutive Branch for a term of office of two
years٫ re-appointment being permitted.
(۴) The Attorneys General of the States and of the Federal District and the
Territories may be removed from office by a resolution of an absolute majority
of the Legislative Branch٫ as set forth in the respective supplement law.
(۵) Supplement laws of the Republic and of the States٫ which may be proposed by
the respective Attorney General٫ shall establish the organization٫ the duties٫
and the bylaws of each Attorney General''s Office٫ observing٫ as regards
their members:
I. the following guarantees:
a) life tenure٫ after two years in office٫ and loss of office only by a final
and unappealable court decision;
b) irremovability٫ except by reason of public interest٫ through a decision of
the appropriate collegiate body of the Attorney General''s Office٫ by the
vote of two thirds of its members٫ ensuring ample defense;
c) irreducibility of earnings٫ observing٫ with respect to compensation٫ the
provisions of Articles ۳۷ XI٫ ۱۵۰ II٫ ۱۵۳ III٫ ۱۵۳ (۲) I;
II. the following prohibitions:
a) receiving٫ on any account and under any pretence٫ fees٫ percentages or court
costs;
b) havingggg a law practice;
c) participating in a commercial company٫ in accordance with the law;
d) performing٫ even when suspended from office٫ any other public function٫
except for teaching;
e) carrying out political party activities٫ save for the exceptions set forth
in the law.
Article ۱۲۹ [Functions]
(۰) The following are institutional functions of the Attorney General''s
Office;
I. to institute٫ with exclusivity٫ public criminal action٫ as set forth in the
law;
II. to ensure effective respect by the Government Branches and by the services
of public relevance for the rights ensured under this Constitution٫ taking the
action required to guarantee such rights;
III. to institute civil investigation and public civil action to protect public
and social property٫ the environment٫ and other
diffuse and collective interests;
IV. to institute unconstitutionality action or suit for purpose of intervention
by the Republic and by the States٫ in the cases set forth in this Constitution;
V. to defend in court the rights and interest of the Indian populations;
VI. to issue notices in administrative procedures under its jurisdiction٫
requesting information and documents to support same according to the
respective supplemental law;
VII. to exercise external control over police activities٫ according to the
supplemental law mentioned in the preceding article;
VIII. to request investigation procedures and the institution of police
investigations٫ indicating the legal grounds of its procedural acts;
IX. to perform other functions which may be conferred upon it٫ provided that
they are compatible with its objecttttives٫ with the prohibition of judicial
representation and legal consultancy for public entities.
(۱) The standing of the Attorney General''s Office to institute the civil
actions set forth in this article does not preclude the standing of third
parties in the same cases٫ according to the provisions of this Constituting and
of the law.
(۲) The functions of the Attorney General''s Office may only be performed by
career members٫ who must reside in the judicial district of their respective
assignment.
(۳) Admission into the career take place by means of a public competitive
examination of tests and titles٫ ensuring participation of the Brazilian Bar in
such examination and observing٫ for appointment٫ the order of classification.
(۴) The provisions of Article ۹۳ II and VI apply to the Attorney General''s
Office٫ where appropriate.
Article ۱۳۰ [Application for Audit Courts]
The provisions of this section regarding rights٫ prohibitions٫ and form of
investiture apply to members of the Attorney General''s Office before the
Audit Courts.
Section II Advocacy General of the Republic
Article ۱۳۱ [Advocacy General of the unionnnn]
(۰) The Advocacy General of the unionnnn is the institution which٫ either
directly or through a connected body٫ represents the Republic in and out of
Court٫ and it is responsible٫ according to the supplemental law which provides
for its organization and operation٫ for the activities of legal consultancy and
assistance to the execcccutive.
(۱) The head of the Advocacy General of the unionnnn is the Advocate General
of the unionnnn٫ freely appointed by the President of the Republic among
citizens over thirty-five years of age٫ of notorious legal knowledge and
unblemished reputation.
(۲) Admission into the initial classes of the careers of the institution dealt
with in this article takes place through a public competitive examination of
tests and titles.
(۳) In execcccution of tax debts owed by the Republic٫ the Republic is
represented by the Office of the Procurator General of the National Treasury٫
with due regard for the provisions of the law.
Article ۱۳۲ [States]
The Attorney of the States and of the Federal District perform judicial
representation and legal counselling for their respective federated units٫
organized into a career٫ admission into which depends on a public competitive
examination of tests and titles٫ with due regard for the provisions of Article
۱۳۵.
Section III Advocacy and Public Defender''s Office
Article ۱۳۳ [Lawyers]
The lawyer is indispensable to the administration of justice٫ and he is
inviolable for his acts and statements in the practice of his profession٫
within the limits of the law.
Article ۱۳۴ [Public Defender''s Office]
(۰) The Public Defender''s Office is an institution essential to the
State''s jurisdictional function and responsible for legal advice to and
defense of the needy at all instances٫ set forth in Article ۵ LXXIV.
(۱) A supplemental law organizes the Public Defender''s Office of the
Republic and of the Federal District and of the Territories٫ and prescribes
general rules for its organization in the States٫ into career offices٫ filed٫
in the initial level٫ through a public competitive examination of tests and
titles٫ ensuring its members guaranteed irremovability and prohibiting the
practice of law outside their institutional duties.
Article ۱۳۵ [Submission to Principles]
The careers regulated under this Title are subject to the principles of
Articles ۳۷ XII and ۳۹ (۱).
Title V Defense of the State and of the Democratic Institutions
Chapter I State of Defense and State of Siege
Section I State of Defense
Article ۱۳۶ [State of Defense]
(۰) The President of the Republic may٫ after hearing the Council of the
Republic and the Council of National Defense٫ decree a state of defense to
preserve or to promptly re-establish٫ in certain and restricted locations٫
public order or social peace whenever threatened by serious and imminent
institutional instability or affected by major natural calamities.
(۱) The decree instituting a state of defense determines the period of its
duration٫ specifies the areas to be encompassed and indicates٫ within the terms
and limitations of the law٫ the coercive measures to be put into force out of
the following:
I. restrictions to the rights of:
a) meeting٫ even within associations;
b) secrecy of correspondence;
c) secrecy of telegraph and telephone communication;
II. occupation and temporary use of public or private property٫ workforce٫ and
services in the event of a public calamity٫ the Republic being liable for the
resulting damages and costs.
(۲) A state of defense may not last for longer than thirty days and it may be
extended once for an identical period if the reasons justifying the respective
decree persist.
(۳) During the period in which a state of defense is in force:
I. arrest for a crime against the State٫ determined by the party execcccuting
the measure٫ are immediately communicated by such party to the proper judge٫
who remits it if it is illegal٫ provided that the arrested person may request
examination of corpus delict from the police authority;
II. the communication has to be accompanied by a statement by the authority as
to the physical and mental state of the arrested person at the time of his or
her arrest;
III. no person may be imprisoned or detained for more than ten days٫ unless
authorized by the Judiciary branch;
IV. incommunicability of the arrested person is forbidden.
(۴) Upon decree of state of defense or extension thereof٫ the President of the
Republic shall within twenty-four hours submit the act with the respective
justification to Congress٫ which
decides by absolute majority.
(۵) If Congress is in recess٫ it is called extraordinarily within five days.
(۶) Congress examines the decree within ten days as from receipt thereof٫ and
remains in operation as long as the state of defense is in force.
(۷) If the decree is rejected٫ the state of defense ceases immediately.
Section II State of Siege
Article ۱۳۷ [Martial State]
(۰) The President of the Republic may٫ after hearing the Council of the
Republic and the Council of National Defense٫ request Congress to authorize a
decree of state of siege in the event of:
I. serious disturbance with national effects or occurrence of facts that
evidence the ineffectiveness of a measure taken during the state of defense.
II. declaration of state of war or reaction to foreign armed aggression.
(۱) The President of the Republic shall٫ on requesting authorization to decree
a state of siege or extend it٫ submit the reasons for such request٫ and
Congress shall decide by absolute majority.
Article ۱۳۸ [State of Siege Decree]
(۰) The decree of a state of siege shall specify the period of its duration٫
the rules required to implement it and the constitutional guarantees that are
to be suspended and٫ after publication٫ the President of the Republic
designates the person who is to execcccute the specific measures and the areas
encompassed.
(۱) In the event of Article ۱۳۷ I٫ state of siege may not be decreed for more
than thirty days and each extension may not exceed thirty days; in the
event of Item II٫ it may be decreed for the entire period of the war or foreign
aggression.
(۲) If authorization to decree a state of siege is requested during
parliamentary recess٫ the President of the Federal Senate immediately calls
Congress extraordinarily to convene within five days in order to examine the
act.
(۳) Congress remains in operation until the end of the coercive measures.
Article ۱۳۹ [Restrictions]
(۰) During the effectiveness of a state of siege decreed under Article ۱۳۷ I٫
only the following measures may be taken against persons:
I. obligation to remain in a given place;
II. detention in a building not intended for persons accused of or convicted
for common crimes;
III. restrictions regarding the inviolability of correspondence٫ the secrecy of
communications٫ the rendering of information٫ and freedom of press٫ radio
broadcasting٫ and television٫ according to the law;
IV. suspension of freedom to meet;
V. intervention in public utility companies;
VI. requisitioning of property.
(۱) Not included in the restrictions of Item III is the broadcasting of
statements made by members of Parliament in their Legislative Houses٫ if
authorized by the respective Presiding Board.
Section III General Provisions
Article ۱۴۰ [Special Standing Comitee]
The Presiding Board of Congress shall٫ after hearing the party leaders٫
designate a Committee made up of five of its members to monitor and supervise
the implementation of measures of state of defense and state of siege.
Article ۱۴۱ [Termination]
(۰) When the state of defense or state of siege ceases٫ its effects also cease٫
without prejudice to liability for unlawful acts performed by the execcccutors
or agents thereof.
(۱) As soon as the state of defense or state of siege ceases٫ the measures
applied during the effectiveness thereof are reported by the President of the
Republic in a message to Congress٫ specifying and justifying the action taken٫
listing the names of those affected and indicating the restrictions applied.
Chapter II Armed Forces
Article ۱۴۲ [The Armed Forces٫ Defence]
(۰) The Armed Forces٫ made up of the Navy٫ the Army٫ and the Air Force٫ are
permanent and regular national institutions٫ organized on the basis of
hierarchy and discipline٫ under the supreme authority of the President of the
Republic. They are intended to defend the Nation٫ guarantee the constitutional
branches٫ and٫ on the initiative of any of them٫ law and order.
(۱) A supplemental law establishes the general rules to be adopted for the
organization٫ training٫ and employment of the Armed Forces.
(۲) Habeas corpus does not apply to military disciplinary punishments.
Article ۱۴۳ [Military Service]
(۰) Military service is compulsory according to the law.
(۱) It is incumbent upon the Armed forces٫ according to the law٫ to assign an
alternative service to those who٫ in times of peace٫ after being enlisted٫
allege reasons of conscience٫ which shall be understood as reasons based on
religious creed and philosophical or political belief for exemption from
essentially military activities.
(۲) Women and clergymen are exempted from compulsory military service in times
of peace but are subject to other duties that may be attributed to them by law.
Chapter III Public Security
Article ۱۴۴ [Public Security]
(۰) Public security٫ which is the duty of the State and the right and
responsibility of all٫ is exercised to preserve public order and the
invulnerability of persons and property٫ by means of the following bodies:
I. federal police;
II. federal highway police;
III. federal railway police;
IV. state polices and military fire brigades.
(۱) The federal police٫ instituted by law as a permanent body and structured
into a career٫ is intended:
I. to determine criminal offenses against the political and social order or to
the detriment of property٫ services٫ and interests of the Republic and of its
autonomous government entities and state companies٫ as well as other offenses
with interstate or international effects and requiring uniform repression
according to the law;
II. to hinder and repress illegal traffic of narcotics and like drugs٫
smuggling and contraband٫ without prejudice to action by the treasury and other
government agencies in their respective jurisdiction;
III. to exercise the functions of maritime٫ air and frontier
police;
IV. to exercise٫ with exclusivity٫ the functions of judicial police of the
Republic.
(۲) The federal highway police is a permanent body structured into a career and
intended٫ according to the law٫ to ostensibly patrol the federal highways.
(۳) The federal railway police is a permanent body structured into a career and
intended٫ according to the law٫ to ostensibly patrol the federal railways.
(۴) It is incumbent upon the civilian police٫ directed by career police
officers and excepting the authority of the Republic٫ to exercise the functions
of judicial police and to determine criminal offenses٫ except for military
ones.
(۵) It is incumbent upon the state troops to carry out the functions of
ostensive police and to preserve the public order; it is incumbent upon the
military fire brigades٫ in addition to the duties defined by law٫ to carry out
activities of civil defense.
(۶) The state troops and military fire brigades٫ ancillary forces٫ and reserve
of the Army are subject٫ together within the civilian police٫ to the Governors
of the State٫ of the Federal District and of the Territories.
(۷) The law regulates the organization and operation of the bodies responsible
for public security in such a manner as to guarantee the efficiency of their
activities.
(۸) The Municipalities may organize municipal guards to protect their property٫
services٫ and facilities٫ according to the law.
Title VI Taxation and Budget
Chapter I National Tributary System
Section I General Principles
Article ۱۴۵ [Taxation]
The Republic٫ the States٫ the Federal District٫ and the Municipalities may
institute the following tributes:
I. taxes;
II. fees٫ by virtue of the exercise of police power or for the actual or
potential use of specific and divisible public services rendered to taxpayers
or made available to them.
III. assessments٫ by virtue of public works.
(۱) Whenever possible٫ taxes shall be personal and graded according to the
economic capacity of the taxpayer٫ and the tax administration may٫ especially
to make these objecttttives effective and respecting individual rights and the
terms of the law٫ identify the property٫ income٫ and economic activities of the
taxpayer.
(۲) Fees may not have the assessment basis reserved for taxes.
Article ۱۴۶ [Suplemental Law on Taxes]
A supplemental law shall:
I. deal with conflicts of taxing power among the Republic٫ the States٫ the
Federal District٫ and the Municipalities;
II. regulate the constitutional limits to taxing power;
III. establish general rules for tax legislation٫ particularly regarding:
a) the definition of tributes and their kinds٫ and٫ as regards the taxes
specified in this Constitution٫ the definition of the respective taxable
events٫ assessment bases٫ and taxpayers;
b) tax liability٫ assessment٫ credit٫ statute of limitations٫ and laches;
c) adequate tax treatment for the cooperative acts performed by cooperative
entities.
Article ۱۴۷ [Taxation in Territories]
In a Federal Territory٫ state taxes are within the taxing power
of the Republic and٫ if the Territory is not divided into Municipalities٫ also
municipal taxes; municipal taxes are within the taxing power of the Federal
District.
Article ۱۴۸ [Compulsory Loans]
The Republic may٫ by means of a supplemental law٫ institute compulsory loans:
I. to defray extraordinary expenses resulting from public calamity٫ foreign war
or imminence thereof;
II. in the event of a public investment that is urgent or of relevant national
interest٫ with due regard for the provisions of Article ۱۵۰ III b).
(۱) Applications of the funds derived from a compulsory loan shall be linked to
the expense that justified the institution thereof.
Article ۱۴۹ [Social and Economic Taxes]
(۰) It is exclusively incumbent upon the Republic to institute social
contributions٫ contributions regarding intervention in the economic domain٫ and
contributions in the interest of the professional or economic categories٫ as an
instrument of activity in the respective areas٫ with due regard for the
provisions of Articles ۱۴۶ III and ۱۵۰ I and III٫ and without prejudice to the
provisions of Article ۱۹۵ (۶)٫ for the contributions mentioned in the
provision.
(۱) The States٫ the Federal District٫ and the Municipalities may institute a
contribution payable by their servants to fund a social assistance and security
system to their benefit.
Section II Limitations to Taxing Powers
Article ۱۵۰ [Main Limits]
(۰) Without prejudice to any other guarantees ensured to the taxpayer٫ it is
forbidden for the Republic٫ the States٫ the Federal District٫ and the
Municipalities:
I. to claim or increase a tax without a law establishing such claim or
increase;
II. to institute unequal treatment for taxpayers that are in an equivalent
situation٫ it being forbidden to make any distinction by virtue of the
professional occupation or function performed by them٫ regardless of the legal
designation of the income٫ instruments or rights;
III. to collect tributes:
a) for taxable events that occurred before the effectiveness of the law that
instituted or increased them;
b) in the same fiscal year in which the law that instituted or increased them
was published;
IV. to use tributes for purposes of confiscation;
V. to establish limitations to the traffic of persons or goods by means of
interstate or intermunicipal tributes٫ except for the collection of toll fees
for the use of highways maintained by the Government;
VI. to institute taxes on:
a) property٫ income٫ or services of one by another;
b) temples of any cult;
c) property٫ income٫ or services of political parties٫ including their
foundations٫ of worker unionnnns٫ and of non-profit educational and social
assistance institutions٫ with due regard for the requirements of the law;
d) books٫ newspapers٫ periodicals٫ and paper intended for the printing thereof;
e) The prohibition contained in Item III b) does not apply to the taxes set
forth in Articles ۱۵۳ I٫ II٫ IV٫ and V٫ and ۱۵۴ II.
(۲) The prohibition contained in Item VI a) extends to autonomous government
entities and foundations instituted and maintained by the Government as regards
the property٫ income
and services connected with their essential purposes or resulting therefrom.
(۳) The prohibitions contained in Item VI a) and in the preceding paragraph do
not apply to property٫ income٫ and services connected with the exploitation of
economic activities governed by the rules that apply to private undertakings or
to undertakings in which users pay consideration or prices or tariffs٫ not
exempt the party who agreed to buy real property from the obligation to pay tax
there on.
(۴) The prohibitions contained in Item VI b) and c) encompass only the
property٫ income٫ and services connected with the essential purpose of the
entities mentioned therein.
(۵) The law determines measures for consumers to obtain information regarding
the taxes levied on goods and services.
(۶) Any subsidy or exemption٫ reduction of assessment basis٫ concession of
presumed credit٫ amnesty or remission٫ related to taxes٫ fees or contributions٫
may only be granted by means of a specific federal٫ state or municipal law٫
which provides exclusively for the above-enumerated matters or the
corresponding tax٫ fee or contribution٫ without prejudice to the provisions of
Article ۱۵۵ (۲) XII g.
(۷) The law may impose upon the taxpayer the burden of the payment of a tax or
contribution٫ whose taxable event will occur later٫ the immediate and
preferential restitution of the amount paid being ensured٫ in case the presumed
taxable event does not occur.
Article ۱۵۱ [Limits to the Republic]
It is forbidden for the Republic:
I. to institute taxes that are not uniform throughout the entire national
territory or that imply a distinction or preference regarding a State٫ the
Federal District٫ or a Municipality to the detriment of another٫ provided that
tax incentives may be granted to balance social economic development among the
various regions of Brazil;
II. to tax income from public debt bonds of the States٫ of the Federal
District٫ and of the Municipalities٫ as well as the compensation and earnings
of the respective public agents٫ at levels above those established for its own
bonds and agents;
III. to institute exemptions from taxes within the jurisdiction of the States٫
the Federal District٫ or the Municipalities.
Article ۱۵۲ [Forbiden to Divisions]
It is forbidden for the States٫ the Federal District and the Municipalities to
establish a tax difference between goods and services of any nature by virtue
of their origin or destination.
Section III Federal Taxes
Article ۱۵۳ [Taxes of the Federation]
(۰) It is incumbent upon the Republic to institute taxes on:
I. imports of foreign products;
II. exports to other countries of national or nationalized products:
III. income and earnings of any nature;
IV. industrialized products;
V. transactions of credit٫ foreign exchange٫ and insurance٫ or transactions
with instruments and securities;
VI. rural property;
VII. large fortunes٫ according to a supplemental law.
(۱) The execcccutive Branch may٫ with due regard for the conditions and limits
established in the law٫ alter the rates of the taxes listed in Items I٫ II٫ IV٫
and V.
(۲) The tax established in Item III:
I. shall be based on criteria of generality٫ universality٫ and progressiveness
according to the law;
II. shall not be levied٫ according to the terms and limits established in the
law٫ on income derived from retirement and pension paid by the social security
system of the Republic٫ of the States٫ of Federal District٫ and of the
Municipalities to a person with over sixty-five years of age and whose total
income consists exclusively of work pay.
(۳) The tax set forth in Item IV:
I. shall be selecttttive٫ based on the essentiality of the product;
II. shall be non-cumulative٫ and the tax due for each transaction shall be
offset by the amount charrrrged at the previous transactions;
III. shall not be levied on industrialized products intended for export.
(۴) The tax set forth in Item VI shall have its rates established in such a
manner as to discourage the maintenance of unproductive real property and shall
not be levied on small rural areas٫ as defined by law٫ when they are explored
by himself or with his family٫ by an owner who has no other real property.
(۵) Gold٫ when defined by law as a financial asset or negotiable instrument٫ is
subject exclusively to the tax mentioned in item V of the main provision of
this article٫ which is due on the original transaction; the minimum rate is
one per cent٫ ensuring the transfer of the collected amount on the following
terms:
I. thirty per cent to the State٫ the Federal District٫ or the Territory٫
depending on the origin;
II. seventy per cent to the Municipality of origin.
Article ۱۵۴ [National Taxes]
The Republic may institute:
I. by means of a supplemental law٫ taxes not listed in the preceding article٫
provided they are non-cumulative and have a specific taxable event or
assessment basis other than those specified in this Constitution;
II. upon the imminence or in the case of foreign war٫ extraordinary taxes٫
whether or not included in its taxing power٫ which shall be gradually
suppressed when the causes for their creation ceased.
Section IV State and Federal District Taxes
Article ۱۵۵ [State and Federal District]
(۰) The states and the Federal District shall have the power to institute taxes
on:
I. transfer by death and donation of any property or rights;
II. transactions relating to the circulation of goods and to the rendering of
interstate and intermunicipal transportation services and services of
communication٫ even when such transactions and renderings begin abroad;
III. ownership of automotive vehicles.
(۱) The tax established in item I:
I. for real property and respective rights is within the jurisdiction of the
Federal District or of the State where the property is located;
II. for assets٫ instruments٫ and credits is within the jurisdiction of the
Federal District or of the State where the probate or enrolment is processed٫
or where the donor has his or her domicile;
III. shall have its authority regulated by a supplemental law:
a) if the donor is domiciled or resident abroad;
b) if the deceased owned property٫ was resident or domiciled or had his or her
probate processed abroad;
IV. shall have its maximum rates established by the Federal Senate.
(۲) The tax established in item II shall observe the following:
I. it shall be non-cumulative and the tax due on each transaction
of circulation of goods or rendering of services shall be offset by the amount
charrrrged at the previous ones by the same or by another State or by the
Federal District;
II. exemption or non-levy٫ except as otherwise determined in the law:
a) shall not imply a credit for offset against the amount due on the following
transactions or rendering or services;
b) shall cause the annulment of the credit for the previous transactions;
III. may be selecttttive٫ according to the essentiality of the goods or
services;
IV. a resolution of the Federal Senate٫ on the initiative of the President of
the Republic or of one third of the Senators٫ approved by an absolute majority
of its members٫ establishes the rates that are to apply to interstate and
export transactions and rendering of services;
V. the Federal Senate may:
a) establish minimum rates for internal transactions٫ by a resolution on the
initiative of one third and approved by an absolute majority of its members;
b) establish maximum rates for the same transactions to resolve a specific
conflict involving interests of States٫ by a resolution on the initiative of an
absolute majority and approved by two thirds of its members;
VI. unless otherwise determined by the States and the Federal District٫
according to Item VII g)٫ the internal rates for transactions of circulation of
goods and of rendering of services may not be lower than those established for
interstate transactions;
VII. the following shall be adopted for transactions and for rendering of goods
and services to end consumers located in another State:
a) an interstate rate٫ when the recipient is a taxpayer;
b) an internal rate٫ when the recipient is not a taxpayer;
VIII. in the event of Subitem a) of the preceding item٫ the tax corresponding
to the difference between the internal rate and the interstate rate shall be
attributable to the State where the recipient is located;
IX. shall also be levied:
a) on the entry of goods imported from abroad٫ even in the case of goods
intended for consumption or for the fixed assets of the establishment٫ as well
as on services rendered abroad٫ the tax being attributable to the State where
the establishment receiving the goods or services is located;
b) on the total value of the transaction٫ when goods are supplied with services
not included in the taxing power of the Municipalities;
X. shall not be levied:
a) on transactions transferring industrialized products abroad٫ excluding
semi-processed products as defined in a supplemental law;
b) on transactions transferring oil٫ including lubricants٫ liquid and gaseous
fuels derived there from and electric energy to other States;
c) on gold٫ in the events defined in Article ۱۵۳ (۵);
XI. shall not include in its assessment basis the amount of the tax on
industrialized products٫ when the transaction made between taxpayers and
involving a products intended for industrialization or sale٫ represents a
taxable event for both taxes;
XII. a supplemental law shall:
a) define the taxpayers;
b) deal with tax substitution;
c) regulate the system for offsetting the tax;
d) establish٫ for purposes of collection of the tax and definition of the
liable establishment٫ the location of transactions of
circulation of goods and of rendering of services;
e) exclude from levy of the tax٫ in export to other countries٫ services and
products other than those mentioned in Item X a);
f) provide for the maintenance of a credit for services and goods remitted to
another State and exported to other countries;
g) regulate the manner in which٫ by resolution of the States and the Federal
District٫ tax exemptions٫ incentives and benefits shall be granted and revoked.
(۳) With the exception of the taxes mentioned in item II of the caption of the
present article٫ and Article ۱۵۳ I and II٫ no other tribute may be levied on
transactions concerning electric energy٫ telecommunications services٫ petroleum
by-products٫ fuels and minerals of the country.
Section V Municipal Taxes
Article ۱۵۶ [Municipal Taxes]
(۰) It is incumbent upon the Municipalities to institute taxes on:
I. urban real property;
II. transfer of propriety among alive persons٫ on any account and for
consideration٫ of real property by nature or physical accession and of any in
rem rights to real property٫ except for collateral٫ as well as the assignment
of rights to the purchase thereof;
III. services of any nature not included in Article ۱۵۵ II٫ as defined in a
supplementary law.
IV. services of any nature not included in Article ۱۵۵ I b)٫ as defined in a
supplemental law.
(۱) The tax set forth in Item I may be progressive٫ according to a municipal
law٫ in order to ensure achievement of the social function of the property.
(۲) The tax set forth in Item II:
I. shall not be levied on the transfer of property or rights incorporated into
the assets of a legal entity to pay up its capital٫ nor on the transfer of
property or rights as a result of consolidation٫ merger٫ spin off of extinction
of a legal entity٫ unless٫ in the latter cases٫ the preponderant activity of
the purchaser is the purchase and sale of such property or rights٫ the lease of
real property or leasing;
II. is attributable to the Municipality where the property is located.
(۳) As regards the tax established in item III٫ a supplementary law shall:
I. establish its maximum rates;
II. exclude exportations of services to other countries from levy of the said
tax.
(۴) A supplemental law shall:
I. establish the maximum rates for the taxes set forth in Items III and IV;
II. exclude exports of services abroad from levy of the tax set forth in item
IV.
Section VI Apportionment of Tributary Revenues
Article ۱۵۷ [Attributions for the States]
(۰) The following shall be attributed to the States and the Federal District:
I. the proceeds from the collection of the federal tax on income and earnings
of ny nature withheld at source from income paid on any account by them٫ their
autonomous government entities٫ and by the foundations they institute and
maintain;
II. twenty per cent of the proceeds from the collection of the tax that the
Republic may institute in exercising the authority conferred in by Article ۱۵۴
I.
Article ۱۵۸ [Atribution to the Municipalities]
(۰) The following is attributed to the Municipalities:
I. the proceeds from the collection of the federal tax on income and earnings
of any nature withheld at source from income paid on any account by them٫ their
autonomous government entities and by foundations instituted or maintained by
them;
II. fifty per cent of the proceeds from the collection of the Federal tax on
rural property for property located in the Municipalities;
III. fifty per cent of the proceeds from the collection of the State tax on the
ownership of automotive vehicles licensed in their territories;
IV. twenty-five per cent of the proceeds from the collection of the State tax
on transactions of distribution of goods and on rendering of services of
interstate and intermunicipal transportation and of communication services.
(۱) The revenue portions attributed to the Municipalities as mentioned in Item
IV shall be credit according to the following criteria:
I. at least three quarters٫ in proportion to the value added in the
transactions of distribution of goods and rendering of services carried out in
their territories;
II. up to one quarter٫ as established in state law or٫ in the case of the
Territories٫ in federal law.
Article ۱۵۹ [Delivery]
(۰) The Republic shall deliver:
I. of the proceeds from the collection of taxes on income and earnings of any
nature and non-manufactured products٫ forty-seven per cent in the following
manner:
a) twenty-one wholes and five tenths per cent to the Participation Fund of the
States and of the Federal District;
b) twenty-two wholes and five tenths per cent to the Participation Fund of the
Municipalities;
c) three per cent٫ for allocation to programs to finance the productive sector
of the North٫ Northeast٫ and Center West Regions٫ through their regional
financial institutions٫ according
to regional development plans٫ the semi-arid area of the Northeast being
assured of half the funds intended for the Region as established in the law;
II. of the proceeds from the collection of the tax on industrialized products٫
ten per cent to the States and to the Federal District٫ in proportion to the
value of respective exports of industrialized products.
(۱) For purposes of calculating the amount to be delivered under Item I٫ the
portion of the collection of the tax on income and earnings of any nature
belonging to the States٫ the Federal District٫ and the Municipalities according
to Article ۱۵۷ I٫ and ۱۵۸ I shall be excluded.
(۲) No federated unit may be allocated an amount in excess of twenty per cent
of the amount referred to in Item II٫ and any excess shall be distributed among
the other participants٫ maintaining the apportionment criterion established
therein for the latter.
(۳) It is forbidden to make any retention or restriction regarding the delivery
and employment of the funds attributed under this section to the States٫ the
Federal District٫ and the Municipalities٫ including any tax additions and
increase.
Article ۱۶۰ [Prohibition]
The prohibition mentioned in the present article does not prevent the unionnnn
and the states from remitting the funds on condition of payment of their
credits٫ including those of the autonomous government agencies.
Article ۱۶۱ [Suplemental Law]
(۰) A supplemental law shall:
I. define the added value for the purposes of Article ۱۵۸ (۱) I;
II. establish rules for the delivery of the funds dealt with in Article ۱۵۹٫
especially the criteria for apportionment of the funds mentioned in its Item I٫
seeking to maintain social and economic balance among States and among
Municipalities;
III. deal with the monitoring٫ by the beneficiaries٫ of the calculation of the
quotas and release of the participations set forth in Articles ۱۵۷٫ ۱۵۸٫ and
۱۵۹.
(۱) The Audit Tribunal of the unionnnn calculates the quotas referring to the
participation funds mentioned in Item II.
Article ۱۶۲ [Amount Publication]
(۰) The Republic٫ the States٫ the Federal District٫ and the Municipalities
shall announce٫ on or before the last day of the month following the month of
collection٫ the amounts of each of the taxes collected٫ the funds received٫ the
tax sums delivered and to be delivered and the numerical expression of the
apportionment criteria.
(۱) The data disclosed by the Republic shall be discriminated by State and by
Municipality; those of the States by Municipality.
Chapter II Government Finances
Section I General Rules
Article ۱۶۳ [Public Finances Law]
A supplemental law deals with:
I. government finances;
II. foreign and domestic government debt٫ including the debt of the autonomous
government entities٫ foundations٫ and other entities controlled by the
Government;
III. rendering of guarantees by government entities;
IV. issuance and redemption of government debt bonds;
V. supervision of financial institutions;
VI. foreign exchange transactions carried out by agencies and entities of the
Republic٫ of the States٫ of the Federal District٫ and of the Municipalities;
VII. compatibility of the functions of the official credit institutions of the
Republic٫ safeguarding all the charrrracteristics and operating conditions of
those intended for regional development.
Article ۱۶۴ [Coin Money٫ Central Bank٫ Control]
(۰) The authority of the Republic to issue money is exercised exclusively by
the Central Bank.
(۱) It is forbidden for the Central Bank to directly grant loans to the
National Treasury and to any agency or entity which is not a financial
institution.
(۲) The Central Bank may purchase and sell instruments issued by the National
Treasury in order to regulate the money supply of the interest rate.
(۳) The available cash of the Republic has to be deposited at the Central Bank;
that of the States٫ of the Federal District٫ of the Municipalities٫ and of
the agencies or entities of the Government and of the companies controlled by
the Government٫ at official financial institutions٫ excepting the cases
established in the law.
Section II Budgets
Article ۱۶۵ [Budget Plan & Legislation]
(۰) Laws in the initiative of the execcccutive Branch establish:
I. the pluriannual plan;
II. the budget directives;
III. the annual budgets.
(۱) The law that institutes the pluriannual plan establishes٫ by
region٫ the directives٫ objecttttives٫ and targets of the Federal Government
for the capital expenses and other expenses resulting therefrom and for those
regarding continuous programs.
(۲) The budget directives law contains the targets and priorities of the
Federal Government٫ including the capital expenses for the following fiscal
year٫ guides the preparation of the annual budget law٫ deals with changes in
tax legislation٫ and establishes the investment policy for official promotion
financing agencies.
(۳) The execcccutive Branch٫ within thirty days of the end of each two month
period٫ publishes a summarized report on budget implementation.
(۴) The national٫ regional٫ and sectorial plans and programs set forth in this
Constitution are prepared in accordance with the pluriannual plan and examined
by Congress.
(۵) The annual budget law comprises:
I. the tax budget for the Branches of the Republic٫ their funds٫ agencies٫ and
entities of direct and indirect administration٫ including foundations
instituted and maintained by the Government;
II. the investment budget of the companies in which the Republic directly or
indirectly holds the majority of the voting capital;
III. the social security budget٫ covering all entities and agencies of direct
or indirect administration connected with social security٫ as well as funds and
foundations instituted and maintained by the Government.
(۶) The budget law bill is accompanied by a regionalized statement on the
effect on revenues and expenses as a result of financial٫ tax and credit
exemptions٫ amnesties٫ remissions٫ subsidies٫ and benefits.
(۷) The functions of the budgets established in Paragraph (۵) I and II made
compatible with the pluriannual plan٫ include the function of reducing
interregional differences according to populational criteria.
(۸) The annual budget law may not contain any provision that does not represent
a forecast of revenues٫ according to the law.
(۱۰) A supplemental law:
I. deals with the fiscal year٫ effectiveness٫ terms٫ preparation٫ and
organization of the pluriannual plan٫ of the budget directives law٫ and of the
annual budget law;
II. establishes rules of financial and property management by the direct and
indirect administration٫ as well as conditions for the institution and
operation of funds.
Article ۱۶۶ [Bills٫ Drafts]
(۰) The bills of law regarding the pluriannual plan٫ the budget directives٫ the
annual budget٫ and the additional credits are examined by the two Houses of
Congress under the common regulations.
(۱) A permanent mixed Committee of Senators and Representatives shall
I. examine and issue its opinion on the bills referred to in this article and
on the accounts submitted each year by the President of the Republic;
II. examine and issue its opinion on the national٫ regional٫ and sectorial
plans and programs established in this Constitution and exercise budgetary
monitoring and supervision٫ without prejudice to the activity of the other
committees of Congress and of its Houses٫ createeeed under Article ۵۸.
(۲) Amendments shall be submitted to the mixed Committee٫ which shall issue its
opinion on them٫ and shall be examined٫ according to the regulations٫ by the
Plenary Session of the two Houses of Congress.
(۳) Amendments to the bill of the annual budget law or to bills
that modify if may only be approved if:
I. they are compatible with the pluriannual plan and with the budget directives
law;
II. they specify the necessary funds٫ allowing only those resulting from the
annulment of an expense and excluding those that apply to:
a) appropriations for personnel and their charrrrges;
b) debt servicing;
c) constitutional tax transfers to the States٫ Municipalities and Federal
District; or
III. they are related:
a) to the correction of errors or omissions; or
b) to the provisions of the text of the bill.
(۴) Amendments to the bill of the budget directives law may not be approved it
they are incompatible with the pluriannual plan.
(۵) The President of the Republic may send a message to Congress to propose the
modification of the bills referred to in this article as long as the mixed
Committee has not started to vote on the part for which an alteration is being
proposed.
(۶) The bills of the pluriannual plan law٫ budget directives law and annual
budget law are submitted by the President of the Republic to Congress according
to the supplemental act referred to in Article ۱۶۵ (۹).
(۷) To the extent that they do not conflict with the provisions of this
section٫ the other rules regarding legislative procedure shall apply to the
bills mentioned in this article.
(۸) Those funds which٫ by virtue of a veto٫ amendment or rejection of the bill
of the annual budget law٫ have no corresponding expenses٫ may be used٫ as the
case may be٫ means of special or supplemental credits with prior and specific
legislative authorization.
Article ۱۶۷ [Forbidden]
The following is forbidden:
I. to commence programs or projects not included in the annual budget law;
II. to incur expenses or assume direct obligations that exceed the budgetary or
additional credits;
III. to carry out credit transactions that exceed the amount of capital
expenses٫ excepting those authorized by means of supplemental or special
credits for a precise purpose and approved by an absolute majority of the
Legislative Branch;
IV. to bind tax revenues to an agency٫ fund or expense٫ excepting the sharing
of the proceeds from the collection of the taxes referred to in Articles ۱۵۸
and ۱۵۹٫ the allocation of funds for the maintenance and development of
education٫ as determined in Article ۲۱۲٫ and the granting of guarantees on
credit transactions by advance of revenues٫ as established in Article ۱۶۵ (۸)
as well as in Paragraph (۴) of the present article;
V. to open a supplemental or special credit without prior legislative
authorization and without specification of the respective funds;
VI. to reclassify٫ reallocate٫ or transfer funds from one programming category
to another or from one agency to another without prior legislative
authorization;
VII. to grant or use unlimited credits;
VIII. to use٫ without specific legislative authorization٫ funds from the tax
and social security budgets to satisfy a need or cover a deficit of companies٫
foundations٫ and funds٫ including those mentioned in Article ۱۶۵ (۵);
IX. to institute funds of any nature without prior legislative authorization.
(۱) No investment implemented over more than one fiscal year may be commenced
without prior inclusion in the pluriannual plan or without a law authorizing
such inclusion٫ subject to
criminal malversion.
(۲) Special and extraordinary credits shall be effective in the fiscal year in
which they are authorized٫ unless the act authorizing them is promulgated
during the last four months of that fiscal year٫ in which event٫ the limits of
their balances being reopened٫ they shall be incorporated into the budget of
the subsequent fiscal year.
(۳) Opening of extraordinary credit shall only be allowed to cover
unforeseeable and urgent expenses٫ such as those resulting from war٫ internal
commotion of public calamity٫ with due regard for the provisions of Article ۶۲.
(۴) It is permitted to bind proper revenues generated by the taxes referred to
in Articles ۱۵۵ and ۱۵۶٫ and the funds mentioned in Articles ۱۵۷٫ ۱۵۸ and ۱۵۹ I
a and b٫ to the granting of a guarantee or a counterguarantee to the unionnnn٫
and to the payment of debits owed to the same.
Article ۱۶۸ [Judicial Branch Funds]
The funds corresponding to budgetary appropriation٫ including supplementary and
special credits٫ intended for agencies of the Legislative and Judiciary
Branches and of the Public Attorneys Office٫ are delivered to them by the
twentieth day of each month٫ as set forth in the supplemental act referred to
in Article ۱۶۵ (۹).
Article ۱۶۹ [Expenditures]
(۰) Expenditures with Republic٫ State٫ Federal District٫ and Municipality
staff٫ in activity and pensioned٫ may not exceed the limits established in a
supplemental act.
(۱) Granting of any advantage or increase in compensation٫ creation of jobs or
alteration in career structures٫ as well as hiring of personnel in any way٫ by
agencies and entities of the direct or indirect administration٫ including
foundations instituted and maintained by the Government٫ may only be effected:
I. if there is a prior budgetary appropriation sufficient to cover the
estimated personnel expenditures and the accretions resulting therefrom;
II. if there is specific authorization in the budget directives law٫ except for
public companies and mixed capital companies.
Title VII Economic and Financial Order
Chapter I General Principles of Economic Activity
Article ۱۷۰ [Economic Order٫ Market Sistem٫ Social and Democratic Basis]
(۰) The economic order٫ founded on the appreciation of human work and on free
enterprise٫ is intended to ensure everyone a life with dignity٫ according to
the dictates of social justice٫ with due regard for the following principles:
I. national sovereignty;
II. private property;
III. the social function of property;
IV. free competition;
V. defense of the consumer;
VI. defense of the environment;
VII. reduction of regional and social differences;
VIII. achievement of full employment;
IX. preferential treatment for small entreprises organized under Brazilian laws
and havingggg their head-office and management in Brazil.
(۱) Free exercise of any economic activity is ensured to everyone٫ regardless
of any government authorization٫ except in the cases set forth by law.
Article ۱۷۱ [Concepts]
{ Revoked by Constitutional Amendment No. ۶/۱۹۹۵ of ۱۵ Aug ۱۹۹۵ }
Article ۱۷۲ [Investiments]
The law regulates foreign capital investments٫ according to national interests٫
encourages reinvestments٫ and regulates the remittance of profits.
Article ۱۷۳ [Public Companies]
(۰) With the exception of the cases set forth in this Constitution٫ the direct
exploitation of an economic activity by the State is only allowed whenever it
is necessary to national security or to a relevant collective interest٫ as
defined in the law.
(۱) Public companies٫ mixed capital companies٫ and other entities engaged in
economic activities are subject to the specific legal regimes governing private
companies٫ including with respect to labor and tax liabilities.
(۲) Public companies and mixed capital companies may not enjoy fiscal
privileges which are not extended to companies of the private sector.
(۳) The law regulates the relationships of public companies with the State and
with society.
(۴) The law represses abuse of economic power aiming at domination of markets٫
elimination of competition٫ and arbitrary increase of profits.
(۵) The law٫ without prejudice to the individual liability of the officers of a
legal entity٫ establishes the liability of the latter٫ subjecting it to
penalties compatible with its nature٫ for acts that contravene the economic and
financial order and the economy of the people.
Article ۱۷۴ [State and Economy]
(۰) As the normative and regulating agent of economic activity٫ the State٫ in
the manner set forth by law٫ performs the functions of supervision٫ incentive٫
and planning٫ the latter being binding for the public sector and indicative for
the private sector.
(۱) The law establishes the guidelines and bases for planning balanced national
development٫ which embody national and regional development plans and make them
compatible.
(۲) The law supports and encourages cooperativism and other forms of
association.
(۳) The State favors the organization of cooperatives for mineral prospecting
and mining activities٫ taking into account the protection of the environment
and the social economic promotion of the prospectors and miners.
(۴) The cooperatives referred to in the preceding paragraph have priority in
obtaining authorization or grants for prospecting and mining of mineral
resources and deposits in the areas where they are operating and in those
established in accordance with Article ۲۱ XXV٫ in the manner set forth in the
law.
Article ۱۷۵ [Public Utility Services]
(۰) In the manner set forth in the law the Government in responsible for
providing public utility services either directly or by grant or permit٫ which
will always be through public bidding.
(۱) The law provides for:
I. the regime for public utility companies٫ the special nature of their
contract٫ and of extension thereof٫ and the conditions of forfeiture٫ control٫
and termination of the grant or permit;
II. the rights of users;
III. tariff policy;
IV. the obligation of maintaining adequate services.
Article ۱۷۶ [Monopolies]
(۰) Mineral deposits٫ whether being exploited or not٫ and other
mineral resources and hydraulic energy potential represent property separate
from the soil٫ for purposes of exploitation or use٫ and belong to the Republic٫
the grant holder being guaranteed ownership of the mined product.
(۱) The prospecting and mining of mineral resources and the utilization of the
potentials mentioned in the caption of this article may only take place with
authorization or concession by the unionnnn٫ in the national interest٫ by
Brazilians or by a company organized under Brazilian laws and havingggg its
head-
office and management in Brazil٫ in the manner set forth by law٫ which law
shall establish specific conditions when such activities are to be conducted in
the boundary zone or on Indian lands.
(۲) The owner of the soil is assured of participation in the results of the
mining work٫ in the manner and amount provided for by law.
(۳) Authorization for prospecting shall always be granted for a limited period
of time and the authorizations and grants set forth in this article may not be
assigned or transferred٫ either in full or in part٫ without the prior consent
of the granting authority.
(۴) Exploitation of a renewable energy potential of small capacity does not
require an authorization or grant.
Article ۱۷۷ [Monopoly of Some Activities]
(۰) The following are the monopoly of the Republic:
I. prospecting and exploitation of deposits of oil and natural gas or other
fluid hydrocarbons;
II. refining of national or foreign oil;
III. imports and exports of the products and basic by-products resulting from
the activities set forth in the preceding items;
IV. ocean transportation of crude oil of national origin or of basic oil by
products produced in Brazil٫ as well as pipeline transportation of crude oil٫
its by products and natural gas of any origin;
V. prospecting٫ mining٫ enrichment٫ reprocessing٫ industrialization٫ and
trading of nuclear mineral ores and minerals and their by products.
(۱) The monopoly established in this article includes the risks and results
deriving from the activities mentioned therein٫ and the Republic is forbidden
to assign or grant any kind of participation٫ either in kind or in legal
tender٫ in the exploitation of oil or natural gas deposits٫ excepting the
provisions of Article ۲۰ (۱).
(۲) The law shall provide for the transportation and use of radioactive
materials within the Brazilian territory.
Article ۱۷۸ [Transportation]
(۰) The law shall provide for the regulation of air٫ water and ground
transportation٫ and it shall٫ in respect to the regulation of international
transportation٫ comply with the agreements entered into by the unionnnn٫ with
due regard to the principle of reciprocity.
(۱) In regulating water transportation٫ the law shall set forth the conditions
in which the transportation of goods in coastal and internal navigation will be
permitted to foreign vessels.
Article ۱۷۹ [Small Companies Help]
The Republic٫ the States٫ the Federal District٫ and the Municipalities afford
micro companies and small companies٫ as defined by law٫ differentiated legal
treatment٫ seeking to further them through simplification of their
administrative٫ social security٫ and credit obligations or through elimination
or reduction thereof by means of a law.
Article ۱۸۰ [Tourism]
The Republic٫ the States٫ the Federal District٫ and the Municipalities promote
and further tourism as a factor of social and economic development.
Article ۱۸۱ [Response to Foreign Authority]
Response to a requisition for a document or for information of a commercial
nature٫ made by a foreign administrative or judicial authority to an individual
or legal entity residing or domiciled in Brazil require authorization from the
proper Authority.
Chapter II Urban Policy
Article ۱۸۲ [Municipal Urbanization]
(۰) The urban development policy carried out by the Municipal Government٫
according to general guidelines set forth in the law٫ is aimed at organizing
the full development of the city''s social functions and ensuring the well
being of its inhabitants.
(۱) The masterrrr plan٫ approved by the City Council٫ which is compulsory for
cities of over twenty thousand inhabitants٫ is the basic tool of the urban
development and expansion on policy.
(۲) Urban property performs its social function when it meets the fundamental
requirements for the city''s organization as set forth in the masterrrr
plan.
(۳) Expropriation of urban property is made against prior and fair compensation
in cash.
(۴) The Municipal Government may٫ by means of a specific law٫ in relation to
areas included in the masterrrr plan٫ demand٫ according to federal law٫ that
the owner of unbuilt٫ underused٫ or unused urban soil provide for adequate use
thereof٫ subject٫ successively٫ to:
I. compulsory subdivision or construction;
II. rates of urban property and land tax that are progressive in time;
III. expropriation with payment in public debt bonds issued with the prior
approval of the Federal Senate٫ redeemable within up to ten years٫ in equal and
successive annual instalments٫ ensuring the real value of the compensation and
legal interest.
Article ۱۸۳ [Usurpation]
An individual who holds as his own an urban area of up to two hundred and fifty
square meters٫ for five years without interruption or opposition٫ using it as
his or as his family''s home٫ acquires title to such property٫ provided that
he does not own any other urban or rural property.
(۱) The deed of title and authorization of use is granted to the man or woman٫
or both٫ regardless of their marital status.
(۲) Such right shall not be recognized for the same holder more than once.
(۳) Public real property shall not be acquired by usurpation.
Chapter III Agricultural and Land Policy and Agrarian Reform
Article ۱۸۴ [Agrarian Reform]
(۰) It is incumbent upon the Republic to expropriate for social interest٫ for
purposes of agrarian reform٫ rural property which is not performing its social
function٫ against prior and fair compensation in agrarian debt bonds with a
clause providing for maintenance of real value and redeemable within a period
of up to twenty years as from the second year of issue٫ and the use of which
shall be defined in the law.
(۱) Useful and necessary improvements are compensated in cash.
(۳) A supplemental act establishes special summary adversary proceedings for
expropriation action.
(۴) The budget each year determines the total volume of
agrarian debt bonds٫ as well as the amount of funds for the agrarian reform
program in the fiscal year.
(۵) Transactions of transfer of property expropriated for agrarian reform
purposes are exempt from federal٫ state٫ and municipal taxes.
Article ۱۸۵ [Limits of Agrarian Reform]
(۰) The following shall not be subject to expropriation for agrarian reform
purposes:
I. small and medium sized rural property٫ as defined in the law٫ provided its
owner does not own other property;
II. productive property.
(۱) The law ensures special treatment for productive property and establishes
rules for the fulfilment of the requirements for its social function.
Article ۱۸۶ [Social Function٫ Limits]
The social function is performed when rural property simultaneously meets٫
according to the criteria and standards prescribed in the law٫ the following
requirements:
I. rational and adequate use;
II. adequate use of available natural resources and preservation of the
environment;
III. compliance with the provisions which regulate labor relations;
IV. exploitation which favors the well-being of the owners and workers.
Article ۱۸۷ [Policy]
The agricultural policy is planned and carried out pursuant to the law٫ with
the actual participation of the production sector comprising producers and
rural workers٫ as well as the marketing٫ storage٫ and transportation sectors٫
with special consideration for:
I. credit and fiscal mechanisms;
II. prices compatible with production cost and marketing guarantees;
III. research and technology incentives;
IV. technical assistance and rural extensions;
V. agricultural insurance;
VI. cooperativism;
VII. rural electricity and irrigation systems;
VIII. housing for rural workers.
(۱) Agricultural planning includes agroindustrial٫ stock raising٫ fishing٫ and
forestry activities.
(۲) Agricultural policy action is rendered compatible with agrarian reform
action.
Article ۱۸۸ [Public Vacant Lands]
(۰) The destination given to public and vacant lands is to be compatible with
the agricultural policy and the national agrarian reform plan.
(۱) The disposal or granting in any way of public lands with an area of more
than two thousand and five hundred hectares to an individual or legal entity٫
even through an intermediary٫ shall require the prior approval of Congress.
(۲) Disposals or grants of public lands for agrarian reform purposes are
excluded from the provisions of the preceding paragraph.
Article ۱۸۹ [Propriety Title]
(۰) The beneficiaries of distribution or rural land under the agrarian reform
receive deeds of title or authorization of use which may not be transacted for
a period of ten years.
(۱) The deed of title and authorization of use is granted to the man or the
woman٫ or to both٫ irrespective of their marital
status٫ pursuant to the terms and conditions set forth in the law.
Article ۱۹۰ [Restrictions]
The law regulates and restricts the acquisition or lease of rural property by a
foreign individual or legal entity٫ and determines the cases subject to
authorization from Congress.
Article ۱۹۱ [Usurpation]
(۰) The individual who٫ not being the owner or rural or urban property٫ holds
as his own٫ for five years٫ without interruption or opposition٫ an area of land
on the rural zone not exceeding fifty hectares and with his labor and that of
his family makes the land productive and dwells thereon٫ shall acquire
ownership of the land.
(۱) Public property shall not be acquired by usurpation.
Chapter IV National Financial System
Article ۱۹۲ [Financial System]
(۰) The national financial system٫ structured to promote the balanced
development of Brazil and serve the collective interests٫ is regulated by a
supplemental law which also provides for:
I. authorization for the operation of financial institutions٫ ensuring official
and private banks access to all instruments of the banking financial market٫
such institutions being prohibited from engaging in activities not foreseen in
the authorization mentioned in this item;
II. authorization and operation of insurance٫ social security٫ and
capitalization companies٫ as well as of the official supervisory agency and of
the official reinsurance agency;
III. conditions for the participation of foreign capital in the institutions
referred to in the preceding items٫ considering especially:
a) national interests;
b) international agreements;
IV. organization٫ operation٫ and duties of the central bank and other public
and private financial institutions;
V. Requirements for the appointment of members of the board of directors of the
Central Bank and other financial institutions٫ as well as their impediments
after leaving office;
VI. creation of a fund or insurance٫ for the purpose of protecting the public
economy٫ guaranteeing credits٫ investments٫ and deposits up to a certain
amount٫ the participation of federal funds being forbidden;
VII. criteria restricting the transfer of savings from regions with income
below the national average to more developed regions;
VIII. operation of credit cooperatives and requirements for them to operate and
have the structure inherent to financial institutions.
(۱) The authorization referred to in Items I and II are non-negotiable and
non-transferable٫ transfer of control of the authorized legal entity being
allowed٫ and is granted free of charrrrge٫ according to the national financial
system law٫ to a legal entity whose directors are technically qualified and of
unblemished reputation and which proves that its economic capacity is
compatible with the undertaking.
(۲) The funds for regional programs and projects under the responsibility of
the Republic are deposited at their regional credit institutions and invested
by them.
(۳) Real interest rates٫ including commission and any other consideration
directly or indirectly related to the extension of credit٫ shall not exceed
twelve percent per annum; interest charrrrged above this limit shall be
considered as a usury crime and shall be punished in all of its forms as the
law shall determine.
Title VIII Social Order
Chapter I General Provision
Article ۱۹۳ [Work٫ Social Justice]
The social order is founded on the primacy of work and aimed at social
well-being and justice.
Chapter II Social Security
Section I General Provision
Article ۱۹۴ [Social Security and Assistance]
(۰) Social security comprises an integrated set of initiatives by the Branches
of Government and by Society٫ aimed at ensuring the rights to health٫ social
security٫ and social assistance.
(۱) It is incumbent upon the Government٫ pursuant to the law٫ to organize
social security based on the following objecttttives:
I. universality of coverage and service;
II. uniformity and equivalence of benefits and services for urban and rural
populations;
III. selecttttivity and distributivity in the provision of benefits and
services;
IV. irreducibility of the value of the benefits;
V. diversity of financing basis;
VII. democratic and decentralized charrrracter of administrative management٫
with the participation of the community and particularly of workers٫
businessmen and the retired.
Article ۱۹۵ [Financial System]
(۰) Social security is financed by all of society٫ either directly of
indirectly٫ pursuant to the law٫ with funds derived from the budgets of the
Republic٫ States٫ Federal District٫ and Municipalities and from the following
social contributions:
I. by employers٫ assessed on the payroll٫ billings٫ and profits;
II. by workers;
III. on revenues from prognostic lotteries.
(۱) The revenues of the States٫ Federal District٫ and Municipalities intended
for social security shall be included in the respective budgets and shall not
be part of the federal budget.
(۲) The proposal for the social security budget shall be prepared jointly by
the health٫ social security٫ and social assistance agencies٫ taking into
account the targets and priorities set forth in the budget directives law٫
ensuring each area the management of its funds.
(۳) A legal entity indebted to the social security system٫ as foreseen in the
law٫ may not contract with the Government nor receive benefits or fiscal or
credit incentives from the Government.
(۴) The law may institute other sources in order to ensure maintenance or
expansion of social security٫ with due regard for the provisions of Article ۱۵۴
I.
(۵) No social security benefit or service may be createeeed٫ increased٫ or
extended without havingggg a corresponding source of full funding.
(۶) The social contributions mentioned in this article may only be charrrrged
ninety days after the publication of the law which instituted or modified them٫
and the provisions of Article ۱۵۰ III b) shall not apply thereto.
(۷) Social assistance charrrrity institutions٫ which meet the requirements set
forth in the law٫ are exempted from contribution to social security.
(۸) Rural producers٫ partners٫ half and half sharecroppers and tenant farmers٫
mineral prospectors٫ and miners and unqualified fishermen٫ as well as their
respective spouses٫ contribute to
social security by applying a rate to the proceeds from the sale of their
production and are entitled to the benefits pursuant to the law.
Section II Health
Article ۱۹۶ [Health٫ Rigth of Assistance]
Health is the right of all persons and the duty of the State and is guaranteed
by means of social and economic policies aimed at reducing the risk of illness
and other hazards and at universal and equal access to all actions and services
for the promotion٫ protection and recovery of health.
Article ۱۹۷ [Public System٫ Private Nets]
Health actions and services are of public relevance and it is incumbent upon
the Government to provide٫ pursuant to the law٫ for their regulation٫
supervision and control. Such actions and services are to be carried out
directly or through third parties and also by means of individuals or legal
entities of private law.
Article ۱۹۸ [Public Healthcare Guidelines]
(۰) Public health actions and services are part of a regionalized and
hierarchical network and constitute a single system organized according to the
following guidelines:
I. decentralization with a single management in each government sphere;
II. full service٫ priority being given to preventive activities٫ without
prejudice to assistance services;
III. participation of the community;
(۱) The single health system is financed٫ pursuant to Article ۱۹۵٫ with funds
from the social security budget of the Republic٫ the States٫ the Federal
District٫ and the Municipalities٫ in addition to other sources.
Article ۱۹۹ [Private Enterprise]
(۰) Health assistance is open to private enterprise.
(۱) Private institutions may participate on a supplementary basis in the single
health system٫ according to guidelines set forth by the latter٫ by means of
public law contracts or agreements٫ preference being given to philanthropic and
non-profit entities.
(۲) The allocation of public funds to aid or subsidize private profit seeking
institutions is forbidden.
(۳) Direct or indirect participation of foreign companies or capital in
Brazil''s health assistance is forbidden٫ except in the cases foreseen in the
law.
(۴) The law establishes the conditions and requirements to allow the removal of
human organs٫ tissues٫ and substances intended for transplantation٫ research٫
and treatment٫ as well as the collection٫ processing٫ and transfusion of blood
ant its by products٫ all kinds of sale being forbidden.
Article ۲۰۰ [Single Health System]
The single health system shall٫ in addition to other duties pursuant to the
law;
I. control and supervise procedures٫ products and substances of interest to
health and participate in the production of drugs٫ equipment٫ immunobiological
products٫ hemoproducts٫ and other inputs;
II. carry out sanitary and epidemiological supervision actions and those
concerning the health of workers;
III. organize the training of human resources in the health area;
IV. participate in the formulation of the policy and execcccution of action of
basic sanitation;
V. foster scientific and technological development in its sphere of action;
VI. inspect and supervise foodstuffs and control their nutritional contents٫ as
well drinks and water for human consumption;
VII. participate in the control and inspection of production٫ transportation٫
storage٫ and use of psychoactive٫ toxic٫ and radioactive substance and
products;
VIII. cooperate in the preservation of the environment٫ including that of the
work place.
Section III Social Benefits
Article ۲۰۱ [Social Security Plans]
(۰) The social security plans shall٫ upon contribution٫ pursuant to the law٫
provide:
I. coverage for the events of illness٫ disability٫ death٫ including those
resulting from work accidents٫ old age٫ and confinement;
II. aid for the support of the dependents of low income insured;
III. protection for maternity٫ especially for pregnant women;
IV. protection for workers who are involuntarily unemployed;
V. pension for death of an insured man or woman٫ for the spouse or companion
and dependents٫ with due regard for the provisions of ۲۰۲ (۵).
(۱) Any person may receive social security benefits upon contribution according
to the social security plans.
(۲) Adjustment of the benefits is ensured so as to permanently maintain their
real value٫ according to criteria defined in the law.
(۳) All contribution salaries taken into account in the calculation of a
benefit shall suffer monetary correction.
(۴) The amounts habitually earned by an employee on any account shall be
incorporated into his or her salary for purposes of social security
contribution and consequent effects on benefits٫ in cases established in and
according to the law.
(۵) No benefit which replaces the contribution salary or work earnings of the
insured shall have a monthly value lower than the minimum wage.
(۶) The Christmas bonus for the retired and pensioners shall be based on the
amount of earnings in the month of December of each year.
(۷) Social security shall maintain supplementary and optional collective
insurance funded by additional contributions.
(۸) Any subsidy or aid by the Government to private profit seeking pension
entities is forbidden.
Article ۲۰۲ [Retirement٫ Welfare benefit]
(۰) Retirement is ensured pursuant to the law٫ the benefit being calculated on
the average of the last thirty-six contribution salaries٫ monetarily corrected
month by month and upon evidence that the adjustments to the contribution
salaries to maintain their real values were regular and upon satisfaction of
the following conditions:
I. at sixty-five years of age for men and sixty years for women٫ this age limit
being reduced by five years for rural workers of both sexes and for those who
carry out their activities with their family٫ these including rural producers٫
mineral prospectors٫ and miners and unqualified fishermen;
II. after thirty-five years of work for men and after thirty years for women٫
or sooner if subject to work under special conditions٫ which are detrimental to
the health or physical integrity٫ as defined in the law;
III. after thirty years for male teachers and after twenty-five years for
female teachers٫ for actual performance of a teaching function.
(۱) Proportional retirement is allowed after thirty years of work for men and
twenty five for women.
(۲) For retirement purposes٫ reciprocal computation is ensured of the period of
contribution in the public administration and in
private rural and urban activity٫ in which case the various social security
systems shall be financially compensated٫ according to criteria determined in
the law.
Section IV Social Assistance
Article ۲۰۳ [Social Assistance]
Social assistance shall be rendered to whomever may need it٫ regardless of
contribution to social security٫ and shall have the following objecttttives:
I. to protect the family٫ maternity٫ childhood٫ adolescence٫ and old age;
II. to assist needy children and adolescents;
III. to promote integration into the employment market;
IV. to habilitate and rehabilitate the handicapped and provide for their
integration into the community;
V. to guarantee a monthly benefit of one minimum wage to the handicapped and
the elderly who prove that they are incapable of providing for their own
support or to have their family provide for their support٫ as established in
the law.
Article ۲۰۴ [Government Action]
Government action in the area of social assistance shall be carried out with
funds from the social security budget set forth in Article ۱۹۵٫ in addition to
other sources٫ and shall be organized on the basis of the following guidelines:
I. political and administrative decentralization٫ the coordination and general
rules being within the federal sphere٫ and the coordination and execcccution
of respective programs being with the state and municipal spheres٫ as well as
charrrrity and social assistance entities;
II. participation of the population٫ by means of class organizations٫ in the
formulation of policies and in the control of actions taken at all levels.
Chapter III Education٫ Culture٫ and Sports
Section I Education
Article ۲۰۵ [Education٫ Duty and Right]
Education٫ which is the right of all persons and the duty of the State and of
the family٫ shall be promoted and encouraged with the cooperation of society٫
aiming at full development of the individual٫ his or her preparation to
exercise citizenship٫ and his or her qualification for work.
Article ۲۰۶ [Fundamental Principles]
Education shall be provided on the basis of the following principles:
I. equal conditions for access to and remaining in school;
II. freedom to learn٫ teach٫ research٫ and express thoughts٫ art٫ and
knowledge;
III. pluralism of ideas and of pedagogical concepts and coexistence of public
and private teaching institutions;
IV. free public education in official schools;
V. appreciation of teaching professionals٫ guaranteeing٫ pursuant to the law٫ a
career plan for public teachers٫ with a professional minimum salary and
admittance exclusively by means of a public competitive examination of tests
and titles٫ and ensuring s single legal regime for all institutions maintained
by the Republic;
VI. democratic administration of public education٫ pursuant to the law;
VII. guarantee of good quality.
Article ۲۰۷ [Universities٫ Autonomy]
Universities enjoy didactic٫ scientific٫ administrative٫ and financial and
equity management autonomy and shall comply with the principle of
indivisibility of teaching٫ research٫ and extension.
Article ۲۰۸ [State Duty]
(۰) The State''s duty concerning education shall be discharrrrged by
ensuring the following:
I. compulsory and free elementary education٫ including for those who did not
have access to school at the proper age;
II. progressive extension of compulsory and free education to secondary school;
III. special classes for the handicapped٫ preferably in the ordinary school
network;
IV. assistance to children of zero to six years of age in day care centers and
pre schools;
V. access to higher levels of education٫ research٫ and artistic creation
according to individual capacity;
VI. provision of regular night courses adequate to the student''s conditions;
VII. assistance to elementary school students through supplementary programs
providing school supplies and material٫ transportation٫ food٫ and health
assistance.
(۱) Access to compulsory and free education is a subjective public right.
(۲) The proper authority are liable for the Government''s failure to provide
compulsory education or providing it irregularly.
(۳) It is incumbent upon the Government to conducts a census of elementary
school students٫ to call them for enrolment and see٫ jointly with their parents
or guardians٫ that they attend school.
Article ۲۰۹ [Private enterprises allowed]
Teaching is open to private enterprise٫ provided that the following conditions
are met:
I. compliance with the general rules of Brazilian education;
II. authorization and assessment of quality by the Government.
Article ۲۱۰ [Elementary and Basic Curricula]
(۰) Minimum curricula shall be established for elementary school in order to
ensure a common basic education and respect for national and regional cultural
and artistic values.
(۱) Religious education is optional and shall be given during the regular
school hours of public elementary schools.
(۲) Regular elementary education shall be given in the Portuguese language٫ the
Indian communities also being ensured the use of their native languages and
specific learning procedures.
Article ۲۱۱ [Education Systems]
(۰) The Republic٫ the States٫ the Federal District٫ and the Municipalities
cooperate in the organization of their educational systems.
(۱) The Republic organizes and finances the federal educational system and that
of the Territories and renders technical and financial assistance to the
States٫ to the Federal District٫ and to the Municipalities for the development
of their education systems and provision of compulsory schooling on a priority
basis.
(۲) Municipalities act on a priority basis in elementary and pre-school
education.
Article ۲۱۲ [Budget]
(۰) The Republic shall each year apply not less than eighteen percent٫ and the
States٫ the Federal District٫ and the Municipalities at least twenty-five
percent of the tax revenues٫
including revenues resulting from transfers٫ in the maintenance and development
of education.
(۱) The share of tax revenues transferred from the Republic to the States٫
Federal District٫ and Municipalities or from the States to the respective
Municipalities shall not be considered٫ for purposes of the calculation
provided for in this article٫ as revenues of the government making such
transfers.
(۲) For purposes of complying with the main provision of this article٫ the
federal٫ state٫ and municipal education systems and the funds employed pursuant
to Article ۲۱۳ shall be taken into consideration.
(۳) In the distribution of public funds٫ priority shall be given to meeting the
needs of compulsory education pursuant to the national education plan.
(۴) The supplementary food and health assistance programs foreseen in Article
۲۰۸ VII shall be financed with funds derived from social contributions and
other budgetary funds.
(۵) An additional source of funds for public elementary education shall be the
education salary contribution paid٫ pursuant to the law٫ by companies٫ which
may deduct from it the funds invested in elementary education for their
employees and dependents.
Article ۲۱۳ [Public Funds]
(۰) Public funds are allocated to public schools٫ and may be channelled to
community٫ religious٫ or philanthropic schools٫ as defined in the law٫ which:
I. prove that they do not seek a profit and invest their surplus funds in
education;
II. ensure that their equity is assigned to another community٫ philanthropic٫
or religious school or to the Government in the event they cease their
activities.
(۱) The funds referred to in this article may be allocated to elementary and
secondary school scholarships٫ pursuant to the law٫ for those who prove that
they do not have sufficient funds٫ whenever there are not vacancies or regular
courses in the public school system of the place where the student lives٫ the
Government being required to invest٫ on a priority basis٫ in the expansion of
its network in that place.
(۲) Research and extension activities at university level may receive financial
support from the Government.
Article ۲۱۴ [National Plan]
The law shall lay down the pluriannual national education plan aimed at
coordination and development of education at its various levels and at
integration of Government action leading to:
I. eradication of illiteracy;
II. universalization of school assistance;
III. improvement of teaching quality;
IV. professional training;
V. humanistic٫ scientific and technological development if Brazil.
Section II Culture
Article ۲۱۵ [Culture٫ Right to access]
(۰) The State ensures a person full exercise of their cultural rights and
access to sources of national culture and supports and encourages the
appreciation and diffusion of cultural manifestations.
(۱) The State protects manifestations of popular٫ Indian٫ and Afro-Brazilian
cultures and those of other groups participating in the Brazilian civilization
process.
(۲) The law rules the determination of highly significant commemorative dates
for the various national ethnic segments.
Article ۲۱۶ [Cultural Hertiage]
(۰) The Brazilian cultural heritage consists of assets of material and
immaterial nature٫ considered either individually or as a whole٫ which bear
reference to the identity٫ action٫ and memory of the various groups of
Brazilian society٫ which include:
I. forms of expression;
II. forms of creating٫ doing٫ and living;
III. scientific٫ artistic٫ and technological creations;
IV. works٫ objectttts٫ documents٫ constructions٫ and other spaces intended for
artistic and cultural manifestations;
V. urban complexes and sites of historical٫ natural٫ artistic٫ archaeological٫
paleontological٫ ecological٫ and scientific value.
(۱) The Government shall٫ with the community''s cooperation٫ promote and
protect Brazilian cultural heritage by means of inventories٫ records٫
surveillance٫ monument decrees٫ expropriation٫ and other forms of precaution
and preservation.
(۲) It is incumbent upon the Government٫ pursuant to the law٫ to take care of
governmental documents and to take action to make them available for
consultation by whomever may need to do so.
(۳) The law shall establish incentives for the production and knowledge of
cultural assets and values.
(۴) Damages and threats to cultural heritage shall be punished according to the
law.
(۵) All documents and sites bearing historical reminiscences of the old
"quilombos" (hiding place of fugitive black slaves) are preserved as historical
assets and monuments.
Section III Sports
Article ۲۱۷ [Sports٫ Pratice٫ Associations]
(۰) It is the duty of the State to foster the practice of formal and informal
sports٫ as each individual''s right٫ with due regard for:
I. the autonomy of controlling sports entities and associations as to their
organization and operation;
II. the allocation of public funds in order to promote٫ on a priority basis٫
educational sports and٫ in specific cases٫ high income sports;
III. differentiated treatment for professional and non-professional sports;
IV. the protection and encouragement of national sports events.
(۱) The Judiciary only hears legal actions related to sports discipline and
competitions after the instances of the sports courts٫ as regulated by the law٫
have been exhausted.
(۲) The sports court renders final judgment within at most sixty days as from
the date of filing of the action.
(۳) The Government shall encourage leisure as a means of social promotion.
Chapter IV Science and Technology
Article ۲۱۸ [Science and Technology]
(۰) The State promotes and encourages scientific development٫ research٫ and
technological expertise.
(۱) Basic scientific research receive preferential treatment from the State٫
taking into consideration the public good and the progress of science.
(۲) Technological research shall be addressed mainly towards the solution of
Brazilian problems and to the development of the national and regional
productive system.
(۳) The State supports human resources training in the fields of science٫
research٫ and technology and affords special working means and conditions to
those engaged in such activities.
(۴) The law supports and encourages companies which invest in research٫ in
creation of technology appropriate for Brazil٫ and
in training and improvement of their human resources and which adopt
compensation systems which ensure employees a share of the economic earnings
resulting from the productivity of their work٫ apart from their salary.
(۵) The States and the Federal District may allocate part of their budgetary
revenues to public entities that foster education and scientific and
technological research.
Article ۲۱۹ [Authonomy]
The domestic market is part of the national wealth and shall be encouraged so
as to permit cultural and social and economic development٫ well being of the
people and technological autonomy of Brazil٫ pursuant to a federal law.
Chapter V Social Communication
Article ۲۲۰ [Freedom of Comunication ways]
(۰) Expression of thought٫ creation٫ speech٫ and information٫ in any of their
forms٫ processes or media٫ shall not be subject to any restriction٫ with due
regard for the provisions of this Constitution.
(۱) No law shall contain any provision which may represent an impediment to
full freedom of press information in any social communication medium٫ with due
regard for the provisions of Article ۵ IV٫ V٫ X٫ XII٫ and XIV.
(۲) Any and all censorship of a political٫ ideological٫ and artistic nature
shall be forbidden.
(۳) Federal law shall:
I. regulate public entertainments and shows٫ it being incumbent upon the
Government to advise about their nature٫ the age limits they are not
recommended for٫ and places and times unsuitable for exhibition;
II. determine the legal remedies which afford individuals and families the
possibility of defending themselves against radio and television programs or
schedules which contravene the provisions of Article ۲۲۱٫ as well as against
publicity of products٫ practices٫ and services which may be harmful to the
health and environment.
(۴) Commercial advertising of tobacco٫ alcoholic beverages٫ pesticides٫
medicines٫ and therapies shall be subject to legal restrictions pursuant to
Item II of the preceding paragraph and shall contain٫ whenever necessary٫ a
warning concerning the damages caused by the use thereof.
(۵) Social communication media may not٫ directly or indirectly٫ be subject to
monopoly or oligopoly.
(۶) The publication of printed communication media shall not require any
official license.
Article ۲۲۱ [Principles]
The production and programming of radio stations and television channels shall
comply with the following principles:
I. preference to educational٫ artistic٫ cultural٫ and information purposes;
II. promotion of national and regional culture and encouragement of any
independent production aimed at diffusion thereof;
III. regional charrrracters of cultural٫ artistic٫ and journalistic production
according to percentages established in the law;
IV. respect for the ethical and social values of the individual and of the
family.
Article ۲۲۲ [Broadcasting]
(۰) Newspaper and sound and image broadcasting companies shall be owned
exclusively by native Brazilians or those naturalized for more than ten years٫
who shall be responsible for the management and intellectual guidance thereof.
(۱) Legal entities shall not participate in the capital stock of journalistic
or radio broadcasting companies٫ except for political parties and for
corporations٫ the capital of which is exclusively and nominally owned by
Brazilians.
(۲) The participation referred to in the preceding paragraph may only take
place through non-voting capital and shall not exceed thirty percent of the
capital stock.
Article ۲۲۳ [execcccutive Branch]
(۰) It is incumbent upon the execcccutive Branch to grant and renew
concessions٫ permissions٫ and authorization for radio broadcasting and sound
and image broadcasting services٫ with due regard for the principle of
supplementation of private٫ public and state systems.
(۱) Congress shall examine such act within the time limit set forth in Article
۶۴ (۲) and (۴) as from the date of receipt of the message.
(۲) Non renewal of a concession or permission shall depend upon approval by at
least two fifths of Congress in an open ballot.
(۳) The act of granting or renewal shall only be legally effective after
approval by Congress pursuant to the preceding paragraphs.
(۴) Cancellation of a concession or permission prior to its expiry date shall
depend upon a court decision.
(۵) The term of a concession or permission shall be ten years for radio
stations and fifteen years for television channels٫
Article ۲۲۴ [Agency]
For the purposes of the provisions contained in this chapter٫ Congress shall
institute٫ as its ancillary agency٫ the Social Communication Council pursuant
to the law.
Chapter VI Environment
Article ۲۲۵ [Enviroment Protection]
(۰) All persons are entitled to an ecologically balanced environment٫ which is
an asset for the people''s common use and is essential to healthy life٫ it
being the duty of the Government and of the community to defend and preserve it
for present and future generations.
(۱) In order to ensure the effectiveness of this right٫ it is incumbent upon
the Government to:
I. preserve and restore essential ecological processes and provide ecological
handling of the species and ecosystems;
II. preserve the variety and integrity of Brazil''s genetic wealth and
supervise entities engaged in research and handling of genetic material;
III. determine٫ in all units of the Federation٫ territorial spaces and
components which are to receive special protection٫ any alteration and
suppression only being allowed by means of a law٫ and any use which adversely
affects the integrity of the attributes which justify their protection being
forbidden;
IV. demand٫ according to the law٫ for the installation of works or activities
which may cause significant degradation of the environment٫ a prior environment
impact study٫ which shall be made public;
V. control the production٫ marketing٫ and use of techniques٫ methods٫ and
substances which represent a risk to life٫ to the quality of life٫ and to the
environment;
VI. promote environmental education at all school levels and public awareness
of the need to preserve the environment;
VII. protect the fauna and the flora٫ all practices which jeopardize their
ecological function٫ cause the extinction of species or subject animals to
cruelty being forbidden according to the law.
(۲) Those who explore mineral resources shall be required to restore the
degraded environment according to the technical solution required by the proper
government agency٫ according to the law.
(۳) Conduct and activities considered harmful to the environment shall subject
the individual or corporate wrongdoers to penal and administrative sanctions٫
in addition to the obligation to repair the damages caused.
(۴) The Brazilian Amazon Forest٫ the Atlantic Woodlands٫ the "Serra do Mar"٫
the "Pantanal Mato Grossense" and the Coastline are part of the national
wealth٫ and they shall be used٫ according to the law٫ under conditions which
ensure preservation of the environment٫ including the use of natural resources.
(۵) Vacant governmental lands or lands seized by the States through
discriminatory actions٫ which are necessary to protect natural ecosystems٫ are
inalienable.
(۶) Power plants operated by nuclear reactor shall have their location defined
in a federal law and may otherwise not be installed.
Chapter VII Family٫ Children٫ Adolescents٫ and Elderly
Article ۲۲۶ [Family]
(۰) The family٫ the foundation of society٫ enjoys special protection from the
state.
(۱) Marriage is civil and the marriage ceremony is free of charrrrge.
(۲) Church marriage has civil effects according to the law.
(۳) For purposes of State protection٫ a stable unionnnn between a man and a
woman as a family unit shall be recognized and the law shall facilitate
conversion of such unionnnns into marriage.
(۴) The community formed by any parent and his/her descendants is also
considered a family unit.
(۵) The rights and duties of matrimonial society shall be exercised equally by
men and women.
(۶) Civil marriage may be dissolved by divorce٫ after legal separation for more
than one year in the cases foreseen in the law٫ or after "de facto" separation
for more than two years.
(۷) Based upon the principles of human dignity and responsible parenthood٫
family planning is a free option of the couple٫ it being incumbent upon the
State to provide educational and scientific resources for the exercise of such
right and any coercion on the part of official or private institutions being
forbidden.
(۸) The State shall ensure assistance the family in the person of each of its
members and shall createeee mechanisms to suppress violence in family
relationships.
Article ۲۲۷ [Children and Teenagers]
(۰) It is the duty of the family٫ of society٫ and of the State to ensure
children and adolescents٫ with absolute priority٫ the right to life٫ health٫
food٫ education٫ leisure٫ professional training٫ culture٫ dignity٫ respect٫
freedom٫ and family and community life٫ in addition to safe guarding them
against all forms of negligence٫ discrimination٫ exploitation٫ violence٫
cruelty٫ and oppression.
(۱) The State shall provide full health assistance programs for children and
adolescents٫ allowing the participation of non-governmental entities and
complying with the following precepts:
I. allocation of a percentage of public funds to mother and child health
assistance;
II. creation of preventive and specialized care programs for the physically٫
sensorially٫ or mentally handicapped٫ a well as programs for the social
integration of the handicapped
adolescent by means of training for a profession and communal life٫ and
providing of access to public facilities and services by eliminating prejudices
and architectonic obstacles.
(۲) The law shall provide standards for the construction of public sites and
buildings and the manufacturing of public transportation vehicles so as to
ensure appropriate access to the handicapped.
(۳) The right to special protection shall encompass the following aspects:
I. minimum age of fourteen years to be admitted to work٫ with due regard for
the provisions of Article ۷ XXXIII;
II. guarantee of social security and labor rights;
III. guarantee of access to school for the adolescent worker;
IV. guarantee of full and formal knowledge of the determination of an offense٫
equal rights in procedural relationships and technical defense by a qualified
professional٫ according to the provisions of specific protection legislation;
V. compliance with the principles of brevity٫ exceptionality٫ and respect for
the specific condition of developing individuals when applying any measure that
restrains freedom;
VI. Government encouragement٫ through legal assistance٫ tax incentives and
subsidies٫ according to the law٫ of the protection of orphaned or abandoned
children or adolescents through guardianship;
VII. preventive and specialized treatment programs for children and adolescents
addicted to narcotics and related drugs.
(۴) The law shall severely punish abuse٫ violence٫ and sexual exploitation of
children and adolescents.
(۵) Adoption shall be assisted by the Government٫ according to the law٫ which
shall determine the cases and conditions for adoption by foreigners.
(۶) Children born inside or outside wedlock or adopted shall have the same
rights and qualifications and any discriminatory designation regarding their
parents shall be forbidden.
(۷) In attending to the rights of children and adolescents٫ the provisions of
Article ۲۰۴ shall be taken into consideration.
Article ۲۲۸ [Liability of minors]
Minors under eighteen years of age may not be held criminally liable٫ subject
to the rules of special legislation.
Article ۲۲۹. [Duty of Parents]
It is the duty of parents to assist٫ raise٫ and educate their minor children٫
and it is the duty of children of age to help and assist their parents in old
age٫ need or sickness.
Article ۲۳۰ [Duty of Society٫ State٫ and Family]
(۰) The family٫ society٫ and the State have the duty to assists the elderly٫
ensuring their participation in the community٫ defending their dignity and well
being٫ and guaranteeing their right to life.
(۱) Assistance programs for the elderly shall be carried out preferable in
their homes.
(۲) Those over sixty five years of age are guaranteed free urban public
transportation.
Chapter VIII Indians
Article ۲۳۱ [Native Populations and Lands]
(۰) Indians shall have their social organization٫ customs٫ languages٫ creeds٫
and traditions recognized٫ as well as their native rights to the lands they
traditionally occupy٫ it being incumbent upon the Republic to demarcate them
and protect and ensure respect for all their property.
(۱) Lands traditionally occupied by Indians are those on which they live on a
permanent basis٫ those used for their productive
activities٫ those which are indispensable to preserve the environmental
resources required for their well being and those necessary for their physical
and cultural reproduction٫ according to their sues٫ customs٫ and traditions.
(۲) The lands traditionally occupied by Indians are intended for their
permanent possession٫ and they shall be entitled to exclusive use of the riches
of the soil٫ rivers٫ and lakes existing thereon.
(۳) Hydric resources٫ including energy potential٫ may only be exploited and
mineral riches in Indians lands may only be prospected and mined with the
authorization of Congress٫ after hearing the communities involved٫ which shall
be assured of participation in the mining results in accordance with the law.
(۴) The lands referred to in this article are inalienable and indisposable and
the rights thereto are not subject to the statute of limitations.
(۵) It if forbidden to remove Indian groups from their lands except٫ "ad
referendum" of Congress٫ in the event of epidemic which represents a risk for
their population or in the interest of Brazilian sovereignty٫ after resolution
by Congress٫ provided that immediate return as soon as the risk ceases shall be
ensured under all circumstances.
(۶) Acts aiming at occupation٫ domain and possession of the lands referred to
in this article٫ or at exploitation of the natural riches of the soil٫ rivers٫
and lakes existing thereon٫ are null and void and of no legal effect٫ except in
the case of relevant public interest of the Republic٫ according to a
supplemental act; such nullity and voidness shall not createeee a right to
indemnity or to sue the Republic٫ except as to improvements derived from
occupation in god faith in accordance with the law.
(۷) The provisions of Article ۱۷۴ (۳) and (۴) shall not apply to Indian lands.
Article ۲۳۲ [Rigth of Indians]
Indians٫ their communities٫ and organizations have standing to sue to defend
their rights and interests٫ the Public Attorney''s Office intervening in all
the procedural acts.
Title IX General Constitution Provisions
Article ۲۳۳ [Duty of Employers]
(۰) For the purposes of Article ۷ XXXIX٫ the rural employers shall every five
years produce evidence before the Labor Courts that they have performed their
labor obligations toward rural employees٫ in the presence of the latter and of
their unionnnn representatives.
(۱) Upon evidence that the obligations mentioned in this article have been
performed٫ the employer shall be exempt from any encumbrances deriving from
such obligations in the respective period. If the employee and his
representative do not agree with the employer''s evidence٫ the dispute shall
be resolved by the Labor Courts.
(۲) The employee shall in any case have the right to claim in court the credits
which he believes he is entitled to for the last five years.
(۳) The evidence mentioned in this article may be provided at intervals of less
than five years٫ at the discretion of the employer.
Article ۲۳۴ [Forbidden to the Republic]
It is forbidden for the Republic to assume٫ directly or indirectly٫ as a result
of the creation of a State٫ burdens related to expenses with inactive personnel
and with charrrrges and repayments of domestic and foreign debts of the
Government٫ including the indirect administration.
Article ۲۳۵ [New States special provision]
During the first ten years after the creation of a State٫ the following basic
rules shall be observed:
I. the Legislative Assembly shall be made up of seventeen Representatives٫ if
the population of the State is less than six hundred thousand inhabitants٫ and
of twenty-four Representatives٫ if the population is equal to or exceeds that
number٫ up to one million and five hundred thousand inhabitants;
II. the Government may not have more than ten Departments;
III. the Audit Court shall have three members appointed by the elected Governor
from among Brazilians of proven good repute and notorious knowledge;
IV. the Higher Court of Justice shall have seven judges;
V. the first judges shall be appointed by the elected Governor٫ chosen in the
following manner:
a) five of them from among judges with more than thirty-five years of age and
acting within the are of a new State or of the State which gave origin to the
new States;
b) two of them from among public prosecutors٫ under the same conditions٫ and
attorneys of proven good repute and legal knowledge with at least ten years of
professional practice٫ complying with the procedure set forth in the
Constitution;
VI. in the case of a State which was originally a Federal Territory٫ the first
five judges may be chosen from among law judges from any part of Brazil;
VII. in each Judicial District٫ the first Judge٫ the first Public Prosecutor٫
and the first Public Defender shall be appointed by the elected Governor after
taking a public competitive examination of tests and titles;
VIII. until the enactment of the State Constitution٫ the offices of State
Attorney General٫ Advocate General٫ and Defender General shall be held by
lawyers of notorious knowledge٫ with at least thirty-five years of age٫
appointed by the elected Governor and removable "ad nutum";
IX. if the new State results from the transformation of a Federal Territory٫
the transfer of financial charrrrges from the Republic for payment of opting
civil servants who belonged to the Federal Administration shall take place as
follows:
a) in the sixth year after its creation٫ the State shall assume twenty percent
of the financial charrrrges in order to pay the civil servants٫ the remainder
continuing as the liability of the Republic;
b) in the seventh year٫ thirty percent shall be added to the State''s
charrrrges and٫ in the eighth year٫ the remaining fifty percent;
X. the appointments made after the first appointments for the offices referred
to in this article shall be regulated by the State Constitution;
XI. budgetary personnel expenses shall not exceed fifty percent of the
State''s revenues.
Article ۲۳۶ [Registration and Notes]
(۰) Notary and registration services shall be provided by private entities٫ by
Government delegation.
(۱) A law shall regulate the activities٫ discipline the civil and criminal
liability of notaries٫ or registrars and of their agents٫ and shall define the
supervision of their acts by the Judiciary.
(۲) A federal law shall establish the general rules for fixing the fees for the
acts performed by notary and registration services.
(۳) The commissioning of a notary public and registrar shall depend on a public
competitive examination of tests and titles and no office may remain vacant for
more than six months without opening a public examination to fill or reallocate
such office.
Article ۲۳۷ [Ministry of Finance٫ Trade]
Supervision and control of foreign trade٫ which are essential to the defense of
national interests٫ shall be exercised by the Ministry of Finance.
Article ۲۳۸ [Suplemental Law٫ Oil]
The law shall organize the sale and resale of oil and carburetant alcohol fuels
and of other fuels derived from renewable raw materials٫ with due regard for
the principles of this Constitution.
Article ۲۳۹ [Change of old Acts]
(۰) The revenues from contributions to the Social Integration Program
createeeed by Supplemental Act No. ۷ of September ۷٫ ۱۹۷۰ and to the Civil
Servants Fund createeeed by Supplemental Act No. ۸ of December ۳٫ ۱۹۷۰٫ shall٫
as from the enactment of this Constitution٫ as established by the law٫ fund the
unemployment insurance program and the bonus referred to in Paragraph (۳) of
this article.
(۱) At least forty percent of the funds referred to in the main provision of
this article shall be allocated to finance economic development programs٫
through the National Economic and Social Development Bank٫ with consideration
criteria which preserve their value.
(۲) The accrued assets of the Social Integration Program and the Civil Servants
Fund shall be preserved٫ maintaining the criteria for withdrawal in the
situations set forth in specific laws٫ except for withdrawal by reason of
marriage٫ the distribution of the revenues referred to in the main provision of
this article for deposit in the individual accounts of participants being
forbidden.
(۳) Employees who receive monthly compensation of up to two minimum wages from
employers who contribute to the Social Integration Program or to the Civil
Servants Fund are ensured annual payment of a minimum wage٫ which shall include
the income on the individual accounts٫ in the case of those who already
participated in such programs before the date of enactment of this
Constitution.
(۴) Funding of the unemployment insurance program shall receive an additional
contribution from any company in which employee turnover exceeds the average
turnover rate of the sector٫ as established in the law.
Article ۲۴۰ [Exclusion Provision]
The present compulsory contribution by employers on the payroll٫ which are
intended for private social service and professional training entities linked
to the labor unionnnn system٫ are excluded from the provisions of Article ۱۹۵.
Article ۲۴۱ [Aplication of some principle]
The principle of Article ۳۹ (۱) corresponding tot he careers regulated by
Article ۱۳۵ of this Constitution٫ shall apply to career police officers.
Article ۲۴۲ [Education Provisions]
(۰) The principle or Article ۲۰۶ IV does not apply to official educational
institutions createeeed by state or municipal law and in existence on the date
of enactment of this Constitution and which are not totally or preponderantly
maintained with public funds.
(۱) The teaching of Brazilian History shall take into account the contribution
of the different cultures and ethnic groups to the formation of the Brazilian
people.
(۲) The "Pedro II School" located in the city of Rio de Janeiro٫ shall be
maintained in the federal sphere.
Article ۲۴۳ [Drug plantations desapropriation]
(۰) Land areas in any region of Brazil where illegal plantations of
psychotropic plants are found shall be expropriated immediately and used
specifically for the settlement of tenant farmers and for the plantation of
food and medicinal products٫ with no indemnity to the owner and without
prejudice to other sanctions set forth in the law.
(۱) Any and all good of economic value seized as a result of illegal traffic of
narcotics and similar drugs shall be confiscated and reverted to the benefit of
institutions and persons specialized in the treatment and recovery of addicts
and in equipping and funding activities of supervision٫ control٫ prevention٫
and repression of drug traffic crime.
Article ۲۴۴ [Transportation]
The law shall provide on the adaptation of public sites and buildings and of
existing public transportation vehicles٫ in order to ensure adequate access to
the handicapped٫ pursuant to the provisions of Article ۲۲۷ (۲).
Article ۲۴۵ [International Crimes]
The law shall provide for the circumstances and conditions under which the
Government shall give assistance to the needy heirs and dependents of victims
of intentional crimes٫ without prejudice to the civil liability of the
perpetrator of the offense.
Article ۲۴۶ [Prohibition of Provisional Measures]
The adoption of any provisional measure for the regulation of any article of
the Constitution the wording of which has been altered by means of an amendment
enacted as of ۱۹۹۵ is forbidden.