CONSTITUTION OF
THE FEDERATIVE
REPUBLIC OF BRAZIL
1988
Preamble Title I
- Fundamental Principles Title
II - Fundamental Rights and Guarantees Title
III - The Organization of the State Title
IV - The Organization of the Powers Title V
- The Defense of the State and of the Democratic Institutions Title
VI - Taxation and Budget Title
VII - The Economic and Financial Order Title
VIII - The Social Order Title
IX - General Constitutional Provisions
Temporary
Constitutional Provisions Act
Amendments
PREAMBLE
We the representatives of the Brazilian People, convened 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, founded on social harmony and committed, in the
internal and international orders, to the peaceful settlement of disputes,
promulgate, under the protection of God, this CONSTITUTION OF THE FEDERATIVE
REPUBLIC OF BRAZIL.
TITLE I. FUNDAMENTAL PRINCIPLES
Article 1. The Federative Republic of Brazil, formed by the
indissoluble union of the states and municipalities and of the Federal District,
is a legal democratic state and is founded on:
sovereignty;
citizenship;
the dignity of the human person;
the social values of labour and of the free enterprise;
political pluralism.
Sole paragraph - All power emanates from the
people, who exercise it by means of elected representatives or directly, as
provided by this Constitution.
Article 2. The Legislative, the Executive and the Judicial,
independent and harmonious among themselves, are the powers of the Union.
Article 3. The fundamental objectives of the Federative Republic of
Brazil are:
to build a free, just and solidary society;
to guarantee national development;
to eradicate poverty and substandard living conditions and to reduce
social and regional inequalities;
to promote the well-being of all, without prejudice as to origin, race,
sex, colour, age and any other forms of discrimination.
Article 4.
The international relations of the Federative Republic of Brazil are
governed by the following principles:
national independence;
prevalence of human rights;
self-determination of the peoples;
non-intervention;
equality among the states;
defense of peace;
peaceful settlement of conflicts;
repudiation of terrorism and racism;
cooperation among peoples for the progress of mankind;
granting of political asylum.
Sole paragraph - The Federative
Republic of Brazil shall seek the economic, political, social and cultural
integration of the peoples of Latin America, viewing the formation of a
Latin-American community of nations.
CHAPTER I - INDIVIDUAL AND COLLECTIVE RIGHTS AND DUTIES
Article 5. All persons are equal before the law, without any
distinction whatsoever, Brazilians and foreigners residing in the country being
ensured of inviolability of the right to life, to liberty, to equality, to
security and to property, on the following terms:
men and women have equal rights and duties under the terms of this
Constitution;
no one shall be obliged to do or refrain from doing something except by
virtue of law;
no one shall be submitted to torture or to inhuman or degrading treatment;
the expression of thought is free, and anonymity is forbidden;
the right of reply is ensured, in proportion to the offense, as well as
compensation for property or moral damages or for damages to the image;
freedom of conscience and of belief is inviolable, the free exercise of
religious cults being ensured and, under the terms of the law, the protection
of places of worship and their rites being guaranteed;
under the terms of the law, the rendering of religious assistance in civil
and military establishments of collective confinement is ensured;
no one shall be deprived of any rights by reason of religious belief or
philosophical or political conviction, unless he invokes it to exempt himself
from a legal obligation required of all and refuses to perform an alternative
obligation established by law;
the expression of intellectual, artistic, scientific, and communications
activities is free, independently of censorship or license;
the privacy, private life, honour and image of persons are inviolable, and
the right to compensation for property or moral damages resulting from their
violation is ensured;
the home is the inviolable refuge of the individual, and no one may enter
therein without the consent of the dweller, except in the event of
flagrante delicto or disaster, or to give help, or, during the day, by
court order;
the secrecy of correspondence and of telegraphic, data and telephone
communications is inviolable, except, in the latter case, by court order, in
the cases and in the manner prescribed by law for the purposes of criminal
investigation or criminal procedural finding of facts;
the practice of any work, trade or profession is free, observing the
professional qualifications which the law shall establish;
access to information is ensured to everyone and the confidentiality of
the source shall be safeguarded, whenever necessary to the professional
activity;
locomotion within the national territory is free in time of peace, and any
person may, under the terms of the law, enter it, remain therein or leave it
with his assets;
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 competent authority;
freedom of association for lawful purposes is fully guaranteed, any
paramilitary association being forbidden;
the creation of associations and, under the terms of the law, that of
cooperatives is not subject to authorization, and State interference in their
operation is forbidden;
associations may only be compulsorily dissolved or have their activities
suspended by a judicial decision, and a final and unappealable decision is
required in the first case;
no one shall be compelled to become associated or to remain associated;
when expressly authorized, associations shall have the legitimacy to
represent their members either judicially or extrajudicially:
the right of property is guaranteed;
property shall observe its social function;
the law shall establish the procedure for expropriation for public
necessity or use, or for social interest, with fair and previous pecuniary
compensation, except for the cases provided in this Constitution;
in case of imminent public danger, the competent authority may make use of
private property, provided that, in case of damage, subsequent compensation is
ensured to the owner;
the small rural property, as defined by law, provided that it is exploited
by the family, shall not be subject to attachment for the payment of debts
incurred by reason of its productive activities, and the law shall establish
the means to finance its development;
the exclusive right of use, publication or reproduction of works rests
upon their authors and is transmissible to their heirs for the time the law
shall establish;
under the terms of the law, the following are ensured:
protection of individual participation in collective works and of
reproduction of the human image and voice, sports activities included;
the right to authors, interpreters and respective unions and
associations to monitor the economic exploitation of the works which they
create or in which they participate;
the law shall ensure the authors of industrial inventions of a temporary
privilege for their use, as well as protection of industrial creations,
property of trademarks, names of companies and other distinctive signs,
viewing the social interest and the technological and economic development of
the country;
the right to inheritance is guaranteed;
succession to the estate of foreigners which is located in Brazil shall be
regulated by the Brazilian law in favour of the Brazilian spouse or children,
whenever the personal law of the deceased is not more favourable to them;
the State shall provide, as set forth by law, for the defense of
consumers;
all persons have the right to receive, from the public 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, except for the information whose secrecy is essential to
the security of society and of the State:
the following are ensured to everyone without any payment of fees
the right to petition the Government in defense of rights or against
illegal acts or abuse of power;
the obtaining of certificates from government offices, for the defense
of rights and clarification of situations of personal interest;
the law shall not exclude any injury or threat to a right from the
consideration of the Judicial Power;
the law shall not injure the vested right, the perfect juridical act
and the res judicata:
there shall be no exceptional tribunal or court:
the institution of the jury is recognized, according to the
organization which the law shall establish, and the following are ensured:
full defense;
secrecy of voting;
sovereignty of verdicts;
power to judge willfill crimes against life;
there is no crime without a previous law to define it, nor a punishment
without a previous legal commination;
penal law shall not be retroactive, except to benefit the defendant;
the law shall punish any discrimination which may attempt against
fundamental rights and liberties;
the practice of racism is a non-bailable crime, with no limitation,
subject to the penalty of confinement, under the terms of the law;
the practice of torture, the illicit traffic of narcotics and related
drugs, as well as terrorism, and crimes defined as heinous crimes shall be
considered by law as non-bailable and not subject to grace or amnesty, and
their principals, agents and those who omit themselves while being able to
avoid such crimes shall be held liable;
the action of armed groups, either civil or military, against the
constitutional order and the democratic state is a non-bailable crime, with no
limitation;
no punishment shall go beyond the person of the convict, and the
obligation to compensate for the damage, as well as the decreeing of loss of
assets may, under the terms of the law, be extended to the successors and
executed against them, up to the limit of the value of the assets transferred;
the law shall regulate the individualization of punishment and shall adopt
the following, among others:
deprivation or restriction of freedom;
loss of assets;
fine;
alternative rendering of social service;
suspension or deprivation of rights;
there shall be no punishment:
of death, save in case of declared war under the terms of article 84,
MX;
of life imprisonment;
of hard labour;
of banishment;
which is cruel;
the sentence shall be served in separate establishments, according to the
nature of the offense, the age and the sex of the convict;
prisoners are ensured of respect to their physical and moral integrity;
female prisoners shall be ensured of adequate conditions to stay with
their children during the nursing period;
no Brazilian shall be extradited, except the naturalized ones in the case
of a common crime committed before naturalization, or in the case there is
sufficient evidence of participation in the illicit traffic of narcotics and
related drugs, under the terms of the law;
extradition of a foreigner on the basis of political or ideological crime
shall not be granted;
no one shall undergo legal proceeding or sentencing save by the competent
authority;
no one shall be deprived of freedom or of his assets without the due
process of law;
litigants, in judicial or administrative processes, as well as defendants
in general are ensured of the adversary system and of full defense. with the
means and resources inherent to it;
evidence obtained through illicit means are unacceptable in the process;
no one shall be considered guilty before the issuing of a final and
unappealable penal sentence;
no one who has undergone civil identification shall be submitted to
criminal identification, save in the cases provided by law;
private prosecution in the cases of crimes subject to public prosecution
shall be admitted, whenever the latter is not filed within the period
established by law;
the law may only restrict the publicity of procedural acts when the
defense of privacy or the social interest require it;
no one shall be arrested unless in flagrante delicto or by a written and
justified order of a competent judicial authority, save in the cases of
military transgression or specific military crime, as defined in law;
the arrest of any person as well as the place where he is being held shall
be immediately informed to the competent judge and to the family of the person
arrested or to the person indicated by him;
the arrested person shall be informed of his rights, among which the right
to remain silent, and he shall be ensured of assistance by his family and a
lawyer;
the arrested person is entitled to identification of those responsible for
his arrest or for his police questioning;
illegal arrest shall be immediately remitted by the judicial authority;
no one shall be taken to prison or held therein, when the law admits
release on own recognizance, subject or not to bail;
there shall be no civil imprisonment for indebtedness except in the case
of a person responsible for voluntary and inexcusable default of alimony
obligation and in the case of an unfaithful trustee;
habeas corpus shall be granted whenever a person suffers or is in
danger of suffering violence or coercion against his freedom of locomotion, on
account of illegal actions or abuse of power;
a writ of mandamus shall be issued to protect a clear and perfect right,
not covered by habeas corpus or habeas data, whenever the party
responsible for the illegal actions or abuse of power is a public official or
an agent of a corporate legal entity exercising duties of the Government;
a collective writ of mandamus may be filed by:
a political party represented in the National Congress;
a union, a professional association or an association legally
constituted and in operation for at least one year, to defend the interests
of its members or associates;
a writ of injunction shall be granted whenever the absence of a regulatory
provision disables the exercise of constitutional rights and liberties, as
well as the prerogatives inherent to nationality, sovereignty and citizenship;
habeas data shall be granted:
to ensure the knowledge of information related to the person of the
petitioner, contained in records or databanks of government agencies or of
agencies of a public character;
for the correction of data, when the petitioner does not prefer to do so
through a confidential process, either judicial or administrative;
any citizen is a legitimate party to file a people's legal action with a
view to nullifying an act injurious to the public property or to the property
of an entity in which the State participates, to the administrative morality,
to the environment and to the historic and cultural heritage, and the author
shall, save in the case of proven bad faith, be exempt from judicial costs and
from the burden of defeat;
the State shall provide full and free-of-charge legal assistance to all
who prove insufficiency of funds;
the State shall compensate a convict for judicial error, as well as a
person who remains imprisoned for a period longer than the one established by
the sentence;
for all who are acknowledgedly poor, the following is free of charge,
under the terms of the law:
civil birth certificate;
death certificate;
habeas corpus and habeas data proceedings and, under
the terms of the law, the acts necessary to the exercise of citizenship are
free of charge;
Paragraph 1. The rights and guarantees expressed in this Constitution do
not exclude others deriving from the regime and from the principles adopted by
it, or from the international treaties in which the Federative Republic of
Brazil is a party.
CHAPTER II - SOCIAL RIGHTS
Article 6. Education, health, work, leisure, security, social
security, protection of motherhood and childhood, and assistance to the
destitute, are social rights, as set forth by this Constitution.
Article 7. The following are rights of urban and rural workers, among
others that aim to improve their social conditions:
employment protected against arbitrary dismissal or against dismissal
without just cause, in accordance with a supplementary law which shall
establish severance-pay, among other rights;
unemployment insurance, in the event of involuntary unemployment;
severance-pay fund;
nationally unified minimum wage, 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 use it as an index for any purpose;
a salary floor in proportion to the extent and complexity of the work;
irreducibility of the wages, except when established in collective
agreement or covenant;
guarantee of wages never below the minimum one, for those receiving
variable pay;
year-end one-salary bonus based on the full pay or on the amount of the
pension;
payrate for night-shift work higher than that for daytime work;
wage protection, as provided by law, with felonious withholding c. wages
being a crime;
participation in the profits or results, independent of wages, and,
exceptionally, participation in the management of the company, defined by law;
family allowance for their dependents;
normal working hours not exceeding eight hours per day a forty-four hours
per week, with the option of compensating working hours a reducing the length
of the workday through an agreement or a collection bargaining covenant;
a workday of six hours for work carried out in continuous s} unless
otherwise established by collective bargaining;
paid weekly leave, preferably on Sundays;
rate of pay for overtime at least fifty per cent higher than that of
normal work;
annual vacation with remuneration at least one third higher than the
normal salary;
maternity leave without loss of job and of salary, for a period of one
hundred and twenty days;
paternity leave, under the terms established by law;
protection of the labour market for women through specific incentives, as
provided by law;
advance notice of dismissal in proportion to the length of service of at
least thirty days, as provided by law;
reduction of employment related risks by means of health, hygiene and
safety rules;
additional remuneration for strenuous, unhealthy or dangerous work, as
established by law;
retirement pension;
free assistance for children and dependents from birth to six years of
age, in day-care centres and pre-school facilities;
recognition of collective bargaining agreements and covenants;
protection on account of automation, as established by law;
occupational accident insurance, to be paid for by the employer,
without excluding the employer's liability for indemnity in the event of
malice or fault;
legal action with respect to credits arising from employment relationships
with a limitation of:
five years for urban workers, up to the limit of two years after the end
of the employment contract;
up to two years after the end of the contract for rural workers;
prohibition of any difference in wages, in the performance of duties and
in hiring criteria by reason of sex, age, colour or marital status;
prohibition of any discrimination with respect to wages and hiring
criteria of handicapped workers;
prohibition of any distinction between manual, technical and intellectual
work or among the respective professionals;
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;
equal rights for workers with a permanent employment bond and for
sporadic workers.
Sole paragraph - The category of domestic servants is ensured of the rights
set forth in items IV, VI, VIII, XV, XVII, XVIII, XIX, XXI and XXIV, as well
as of integration in the social security system.
Article 8.
Professional or union association is free, with regard for the following:
the law may not require authorization of the State for a union to be
founded, except for authorization for registration with the competent agency.
it being forbidden to the Government the interference and the intervention in
the union;
it is forbidden to create more than one union, at any level representing a
professional or economic category, in the same territorial base, which shall
be defined by the workers or employers concerned, which base may not cover
less than the area of one municipality;
it falls to the union to defend the collective or individual rights and
interests of the category, including legal or administrative disputes;
the general assembly 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 union representation, regardless of
the-contribution set forth by law;
no one shall be required to join or to remain a member of a union;
the collective labor bargainings must be held with the participation of
unions;
retired members shall be entitled to vote and be voted on in unions;
the dismissal of a unionised employee is forbidden from the moment of the
registration of his candidacy to a position of union direction or
representation and, if elected, even if as a substitute, up to one year after
the end of his term in office, unless he commits a serious fault as
established by law
Sole paragraph - The provisions of this article
apply to the organization of rural unions and those of fishing communities, with
due regard for the conditions established by law.
Article 9. The right to strike is guaranteed, it being the competence
of workers to decide on the advisability of exercising it and on the interests
to defended thereby.
Paragraph 1. The law shall define the essential services or activities shall
provide with respect to the satisfaction of the community's undelayable needs.
Paragraph 2. The abuses committed shall subject those responsible to
penalties of the law.
Article 10. The participation of workers and employers is ensured in
collegiate bodies of government agencies in which their professional or so
security interests are subject of discussion and resolution.
Article 11. It is ensured, in companies with more than 200 employees,
I election of a representative of the employees for the exclusive purpose
furthering direct negotiations with the employers.
CHAPTER III - NATIONALITY
Article 12. The following are Brazilians:
by birth:
those born in the Federative Republic of Brazil, even if of foreign
parents, provided that they are not at the service of their country;
those born abroad, of a Brazilian father or a Brazilian mother, provided
that either of them is at the service of the Federative Republic of Brazil:
those born abroad, of a Brazilian father or a Brazilian mother, provided
that they come to reside in the Federative Republic of Brazil and opt for
the Brazilian nationality at any time;
naturalized:
those who, as set forth by law, acquire Brazilian nationality, it being
the only requirement for persons originating from Portuguese-speaking
countries the residence for one uninterrupted year and good moral repute;
foreigners of any nationality, resident in the Federative Republic of
Brazil for over fifteen uninterrupted years and without criminal conviction,
provided that they apply for the Brazilian nationality.
Paragraph 1. The rights inherent to Brazilians shall be attributed to
Portuguese citizens with permanent residence in Brazil, if there is reciprocity
in favour of Brazilians, except in the cases stated in this Constitution.
Paragraph 2. The law may not establish any distinction between born and
naturalized Brazilians, except in the cases stated in this Constitution.
Paragraph 3. The following offices are exclusive for born Brazilians:
those of President and Vice-President of the Republic;
that of President of the Chamber of Deputies;
that of President of the Federal Senate;
that of Justice of the Supreme Federal Court;
those of the diplomatic career;
that of officer of the Armed Forces.
Paragraph 4. Loss of
nationality shall be declared for a Brazilian who:
has his naturalization cancelled by court decision on account of an
activity harmful to the national interests;
acquires another nationality, save in the cases:
of recognition of the original nationality by the foreign law;
of imposition of naturalization, under the foreign rules, to the
Brazilian resident in a foreign State, as a condition for permanence in its
territory, or for the exercise of civil rights.
Article
13. Portuguese is the official language of the Federative Republic of Brazil
Paragraph 1. The national flag, anthem, coat of arms and seal are the symbols
of the Federative Republic of Brazil.
Paragraph 2. The states, the Federal District and the municipalities may have
symbols of their own.
CHAPTER IV - POLITICAL RIGHTS
*Article 14. The sovereignty of the people shall be exercised by
universal suffrage and by the direct and secret voting, with equal value for
all, and, according to the law, by means of:
plebiscite;
referendum;
people's initiative.
Paragraph 1. Electoral enrollment and voting are:
mandatory for persons over eighteen years of age;
optional for:
the illiterate;
those over seventy years of age;
those over sixteen and under eighteen years of age.
Paragraph 2. Foreigners cannot register as voters and neither can
conscripts during their period of compulsory military service.
Paragraph 3. The conditions for eligibility, according to the law, are:
the Brazilian nationality;
the full exercise of the political rights;
the electoral enrollment;
the electoral domicile in the electoral district;
the membership in a political party;
the minimum age of:
thirty-five years for President and Vice-President of the Republic and
Senator;
thirty years for Governor and Vice-Governor of a state and of the
Federal District;
twenty-one years for Federal Deputy, State or District Deputy, Mayor,
Vice-Mayor and justice of the peace:
eighteen years for City Councilman.
Paragraph 4. The illiterate and those that cannot be registered as voters
are not eligible.
Paragraph 5. The President of the Republic, the State and Federal
District Governors, the Mayors and those who have succeeded or replaced them
during their terms of office may be reelected for only one subsequent
term.*
Paragraph 6. In order to run for other offices, the President of the
Republic, the State and Federal District Governors and the Mayors have to
resign from their respective offices at least six months in advance of the
election.
Paragraph 7. 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 of
those who have replaced them within 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.
Paragraph 8. A member of the Armed Forces that can be registered as voter
is eligible if the following conditions are met:
if he has less than ten years of service, he shall have to take leave
from military activities;
if he has more than ten years of service, he shall be discharged of
military duties by his superiors and, if elected, he shall automatically
pass into retirement upon the issuing of the official certificate of
electoral victory.
Paragraph 9. In order to protect the
administrative probity, morality for the exercise of the office, the previous
life of the candidate being considered, and the normality and legitimacy of
the elections against the influence of the economic power or of the abuse in
the holding of office, position or job in the direct or indirect public
administration, a supplementary law shall establish other cases of
ineligibility and the periods for such ineligibilities to cease.
Paragraph 10. The exercise of an elective mandate may be impugned before
the Electoral Courts within a period of fifteen days after the date of the
issuing of the of ficial certificate of electoral victory, substantiating the
suit with evidence of abuse of economic power, corruption or fraud.
Paragraph 11. The procedure of the suit impugning the office shall be
secret, and the plaintiff shall be liable under the law if the suit is
reckless or involves manifest bad faith. _________ Article 15. Disfranchisement of political rights is forbidden, the
loss or suspension of which rights shall apply only in the event of:
cancellation of naturalization by a final and unappealable judgement;
absolute civil incapacity
final and unappealable criminal sentence, for as long as its effects
last;
refusal to comply with an obligation imposed upon everyone or render an
alternative service, according to article 5. VIII;
administrative dishonesty, according to article 37, paragraph 4.
Article 16. The law that alters the electoral procedure shall
come into force the date of its publication, and shall not apply to the
elections that take place; within one year of it being in force.
CHAPTER V - POLITICAL PARTIES
Article 17. The creation, amalgamation, merger and extinction of
political parties is free, with due regard for national sovereignty, the
democratic regime, the plurality of political parties, the fundamental rights
of the individual, and observing the following precepts:
national character;
prohibition from receiving financial assistance from a foreign entity or
government or from subordination to same:
rendering of accounts to the Electoral Courts;
operation in the National Congress in accordance with the law.
Paragraph 1. Political parties are ensured of autonomy to define
their internal structure, organization and operation, and their by-laws shall
establish rules of party loyalty and discipline.
Paragraph 2. After acquiring corporate legal status under civil law,
political parties shall register their by-laws at the Superior Electoral
Court.
Paragraph 3. Political parties are entitled to monies from the party fund
and to free-of-charge access to radio and television, as established by law.
Paragraph 4. Political parties are forbidden to use paramilitary
organizations.
TITLE III. THE ORGANIZATION OF THE STATE
CHAPTER I. THE POLITICAL AND ADMINISTRATIVE ORGANIZATION
*Article 18. The political and administrative
organization of the Federative Republic of Brazil comprises the Union, the
states, the Federal District and the municipalities, all of them autonomous, as
this Constitution provides.
Paragraph 1 - Brasília is the federal capital.
Paragraph 2 - The federal territories are part of the Union and their
establishment, transformation into states or reintegration into the state of
origin shall be regulated by a supplementary law.
Paragraph 3 - The states may merge into each other, subdivide or dismember to
be annexed to others or to form new states or federal territories, subject to
the approval of the population directly concerned, by means of a plebiscite, and
of the National Congress, by means of a supplementary law.
Paragraph 4 - The establishment, merger, fusion and dismemberment of
municipalities shall be effected through state law, within the period set forth
by supplementary federal law, and shall depend on prior consultation, by means
of a plebiscite, of the population of the municipalities concerned, after the
publication of Municipal Feasibility Studies, presented and published as set
forth by law.
Article 19. The Union, the states, the Federal District and the
municipalities are forbidden to:
establish religious sects or churches, subsidize them, hinder their
activities, or maintain relationships of dependence or alliance with them or
their representatives, without prejudice to collaboration in the public
interest in the manner set forth by law;
refuse to honour public documents;
create distinctions between Brazilians or preferences favouring some.
CHAPTER II - THE UNION
Article 20. The following are property of the Union:
the property which presently belongs to it as well as that which may be
attributed to it;
the unoccupied lands essential to the defense of the boundaries, the
fortifications and military constructions, the federal routes of communication
and the preservation of the environment, as defined by law;
the lakes, rivers and any watercourses in lands within its domain or that
wash more than one state, that serve as boundaries with other countries or
that extend into foreign territory or proceed therefrom, as well as bank lands
and river beaches;
the river and lake islands in zones bordering with other countries, sea
beaches, the ocean and off-shore islands, with the exception of those referred
to in article 26, II;
the natural resources of the continental shelf and of the exclusive
economic zone;
the territorial sea;
tide lands and those added to them;
the hydraulic energy potentials;
the mineral resources, including those of the subsoil;
the natural underground cavities and the archaeological and historic
sites;
those lands traditionally occupied by the Indians.
Paragraph 1 -
In accordance with the law, the participation in the results of the exploitation
of petroleum or natural gas, hydric resources for the purpose of generation of
electric power and other mineral resources in the respective territory,
continental shelf, territorial sea or exclusive economic zone, financial
compensation for the exploitation thereof, is assured to the states Federal
District and the municipalities, as well as to agencies of the administration of
the Union.
Paragraph 2 - The strip of land up to a hundred and fifty kilometers in width
alongside the terrestrial boundaries, designated as boundary zone, considered
essential to the defense of the national territory and its occupation and
utilization shall be regulated by law.
*Article 21. The Union shall have the power to:
maintain relations with foreign states and participate in international
organizations;
declare war and make peace;
ensure national defense;
allow foreign forces, in the cases provided for in a supplementary law, to
pass through the national territory or to remain therein temporarily;
declare a state of siege, a state of defense and federal intervention;
authorize and control the production and trade of military materiel;
issue currency;
manage the foreign exchange reserves of the country and control financial
operations, especially those of credit, exchange and capitalization, as well
as insurance and private security;
prepare and carry out national and regional plans for the ordaining of the
territory and for economic and social development;
maintain the postal service and the national air mail;
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;
operate, directly or through authorization, concession or permission:
the services of sound broadcasting and of sound and image
broadcasting;
the electric power services and facilities and the energetic
exploitation of watercourses, jointly with the states wherein those
hydro-energetic potentials are located;
air and aerospace navigation and airport infrastructure;
railway and waterway services between seaports and national borders or
which cross the boundary of a state or territory:
interstate and international highway passenger transportation services;
sea, river and lake ports;
organize and maintain the Judicial Power, the Public Prosecution and the
Public Legal Defense of the Federal District and territories;
organize and maintain the federal police, the federal highway and railway
polices as well as the civil police, the military police, the military fire
brigade of the Federal District and territories;
organize and maintain the official services of statistics, geography,
geology and cartography of national scope;
classify, for indicative purposes, public entertainment and and television
programs;
grant amnesty;
plan and promote permanent defense against public disasters especially
droughts and floods;
establish a national system for the management of hydric resources and
define criteria for the concession of the right to their use;
establish directives for urban development, including housing, basic
sanitation and urban transportation;
establish principles and directives for the national transportation
system;
perform the services of maritime, air, and border police;
operate nuclear energy services and facilities of any nature, exercise
state monopoly over research, mining, enrichment and reprocessing,
industrialization and trade in nuclear ores and their by-products, taking into
account the following principles and conditions:
all nuclear activity within the national territory shall only be
admitted for peaceful purposes and subject to approval by the National
Congress;
under a concession or permission, authorization is given for the of
radioisotopes in research and for medical, agricultural and industrial use
as well as for other analogous activities;
civil liability for nuclear damages does not depend on the existence of
fault;
organize, maintain and carry out inspection of working conditions;
establish the areas and conditions for the exercise of placer mining
activities in associative form.
Article 22. The Union has the exclusive power to legislate on:
civil, commercial, criminal, procedural, electoral, agrarian, maritime,
aeronautical, space and labour law;
expropriation;
civil and military requisitioning, in case of imminent danger or in times
of war;
waters, energy, informatics, telecommunications and radio broadcasting;
the postal service;
the monetary and measures systems, metal certificates and guarantees;
policies for credit, foreign exchange, insurance and transfer of values;
foreign and interstate trade;
guidelines for the national transportation policy;
the regime of the ports and lake, river, ocean, air and aerospace
navigation;
traffic and transportation;
beds of ore, mines, other mineral resources and metallurgy;
nationality, citizenship and naturalization;
Indian populations;
emigration, immigration, entry, extradition and expulsion of foreigners;
the organization of the national employment system and conditions for the
practice of professions;
the judicial organization of the Public Prosecution and of the Public
Legal Defense of the Federal District and of the territories, as well as their
administrative organization;
the national statistical, cartographic and geological systems;
systems of savings, as well as of obtaining and guaranteeing popular
savings;
consortium and lottery systems;
general organization rules, troops, material guarantees, drafting and
mobilization of the military police and military fire brigades;
the jurisdiction of the federal police and of the federal highway- and
military polices:
social security;
directives and bases of the national education;
public registers;
nuclear activities of any nature;
general rules for all types of bidding and contracting, for the direct and
indirect public administration, including foundations instituted and
maintained by the Government, in its various spheres, and companies under
government control;
territorial defense, aerospace defense, maritime defense, civil
defense, and national mobilization;
commercial advertising.
Sole paragraph - A supplementary law may
authorize the states to legislate upon specific questions related to the matters
listed in this article.
Article 23. The Union, the states, the Federal District and the
municipalities, in common, have the power:
to ensure that the Constitution, the laws and the democratic institutions
are respected and that public property is preserved;
to provide for health and public assistance, for the protection and
safeguard of handicapped persons;
to protect the documents, works and other assets of historical, artistic
or cultural value, the monuments, the remarkable landscapes and the
archaeological sites;
to prevent works of art and other assets of historical, artistic and
cultural value from being taken out of the country, destroyed or from being
deprived of their original characteristics;
to provide the means of access to culture, education and science;
to protect the environment and to fight pollution in any of its forms;
to preserve the forests, fauna and flora;
to promote agriculture and cattle breeding and organize the supply of
foodstuff;
to promote housing construction programs and the improvement of housing
and basic sanitation conditions;
to fight the causes of poverty and the factors leading to substandard
living conditions, promoting the social integration of the unprivileged
sectors of the population;
to register, monitor and control the concessions of rights to research and
exploit hydric and mineral resources within their territories;
lo establish and to implement an educational policy for traffic safety.
Sole paragraph - A supplementary law shall establish rules for the
cooperation between the Union and the states, the Federal District and the
municipalities aiming at the attainment of balanced development and well- being
on a nationwide scope.
Article 24. The Union, the states and the Federal District have the
power to legislate concurrently on:
tax, financial, penitentiary, economic and urbanistic law;
budget;
trade boards
costs of forensic services;
production and consumption;
forests, hunting, fishing, fauna, preservation of nature, defense of the
soil and natural resources, protection of the environment and control of
pollution;
protection of the historic, cultural and artistic heritage, as well as of
assets of touristic interest and landscapes of outstanding beauty;
liability for damages to the environment, to consumers, to assets and
rights of artistic, aesthetic, historical, and touristic value, as well as to
remarkable landscapes;
education, culture, teaching and sports;
establishment, operation and procedures of small claims courts;\
judicial procedures;
social security, protection and defense of health;
legal assistance and public defense;
protection and social integration of handicapped persons;
protection of childhood and youth;
organization, guarantees, rights and duties of the civil policies.
Paragraph 1 - Within the scope of concurrent legislation, the
competence of the Union shall be limited to the establishment of general rules.
Paragraph 2 - The competence of the Union to legislate upon general rules
does not exclude the supplementary competence of the states
Paragraph 3 - If there is no federal law or general rules, the states shall
exercise full legislative competence to provide for their peculiarities.
Paragraph 4 - The supervenience of a federal law over general rules suspends
the effectiveness of a state law to the extent that the two are contrary
CHAPTER IV - THE FEDERATED STATES
*Article 25. The states are organized and governed by the
Constitutions and laws they may adopt, in accordance with the principles of this
Constitution.
Paragraph 1 - All powers that this Constitution does not prohibit the states
from exercising shall be conferred upon them.
Paragraph 2 - The states shall 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.
Paragraph 3 - The states may by means of a supplementary law, establish
metropolitan regions, urban agglomerations and micro-regions, formed by the
grouping of adjacent municipalities, in order to integrate the organization, the
planning and the operation of public functions of common
interest.
Article 26. The property of the states includes:
surface or subterranean waters, flowing, emerging or in deposit, with the
exception, in this case, of those resulting from work carried out by the
Union, as provided by law:
the areas, on ocean and coastal islands, which are within their domain,
excluding those under the domain of the Union, the municipalities or third
parties;
the river and lake islands which do not belong to the Union;
the unoccupied lands not included among those belonging to the Union.
Article 27. The number of Deputies in the Legislative Assembly
shall correspond to three times the representation of the state in the Chamber
of Deputies and, when the number of thirty-six has been reached, it shall be
increased by as many members as the number of Federal Deputies exceeding twelve.
Paragraph 1 - The term of office of the State Deputies shall be four years
and the provisions of this Constitution shall be applied to them in what refers
to the electoral system, inviolability, immunities, remuneration, loss of
office. leave of absence, impediments and incorporation into the Armed Forces.
Paragraph 2 - The remuneration of the State Deputies shall be established in
each legislative term, for the subsequent one, by the Legislative Assembly. as
provided by articles 150, II, 153, III, and 153, paragraph 2, I, in the
proportion of seventy-five percent, at most, of the remuneration established, in
legal tender. for the Federal Deputies.
Paragraph 3 - The Legislative Assemblies shall have the power to provide upon
their internal regulations, police and the administrative services of their
Secretariat and to fill in the respective offices.
*Article 28. The election of the Governor and the Vice-Governor of
a state, for a term of office of four years, shall be held on the first Sunday
of October, in the first round, and on the last Sunday of October, in the second
round, as the case may be, of the year preceding the one in which the term of
office of their predecessors ends, and they shall take office on January l of
the following year, in accordance, otherwise, with the provisions of article
77.
Sole paragraph - The Governor who takes another post or function in the
direct or indirect public administration shall lose his office, with the
exception of the taking of office by virtue of public entrance examination and
taking into account the provisions in article 38, I, IV and V.
CHAPTER IV THE MUNICIPALITIES
*Article 29. Municipalities shall be governed by organic law, voted in
two readings, with a minimum interval of ten days between the readings, and
approved by two-thirds of the members of the Municipal Chamber, which shall
promulgate it, observing the principles established in this Constitution, in the
Constitution of the respective state and the following precepts:
election of the Mayor, Vice-Mayor and Councilmen for a term of office of
four years, by means of direct election held simultaneously throughout the
country;
election of the Mayor and Vice-Mayor on the first Sunday of October of
the year preceding the end of the term of office of those they are to succeed,
subject, in the case of municipalities with over two hundred thousand voters,
to the provisions set forth in article 77;
investiture of the Mayor and Vice-Mayor on January l of the year
subsequent to the year of the election;
number of councilmen in proportion to the population of the
municipalities, in accordance with the following limits:
a minimum of nine and a maximum of twenty-one in municipalities with up
to one million inhabitants;
a minimum of thirty-three and a maximum of forty-one in municipalities
with over one million and under five million inhabitants;
a minimum of forty-two and a maximum of fifty-five in municipalities
with over five million inhabitants;
the remuneration of the Mayor, the Vice-Mayor and the Councilmen
stipulated by the Municipal Chamber in each legislature for the subsequent
one, in accordance with the provisions set forth in articles 37, XI, 150, II,
153, III, and 153, paragraph 2, I;
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 37, XI;
the total expenditure with the remuneration of the City Councilmen may not
exceed the amount of five percent of the revenue of the Municipality;
inviolability of the Councilmen on account of their opinions, words and
votes while in office and within the jurisdiction of the municipality;
prohibitions and incompatibilities, while in the exercise of the office of
City Councilman, similar, where applicable, to the provisions of this
Constitution for the members of the National Congress and of the Constitution
of the respective state for the members of the Legislative Assembly;
trial of the Mayor before the Court of Justice;
organization of the legislative and supervisory functions of the Municipal
Chamber;
cooperation of the representative associations in municipal planning;
public initiative in the presenting of bills of specific interest to the
municipality, the city or the neighborhoods, by means of the manifestation of
at least five percent of the electorate;
loss of the office of mayor, as provided in article 28, sole paragraph.
Article 30. The municipalities have the power to:
legislate upon matters of local interest;
supplement federal and state legislations where pertinent;
institute and collect taxes within their jurisdiction, as well as to apply
their revenues, without prejudice to the obligation of rendering accounts and
publishing balance sheets within the Periods established bv law:
create, organize and suppress districts, with due regard for the state
legislation;
organize and render, directly or by concession or permission, the public
services of local interest, including mass-transportation, which is of
essential nature;
maintain, with the technical and financial cooperation of the Union and
the state, programs of pre-school and elementary school education;
provide, with the technical and financial cooperation of the Union and the
state, health services to the population;
promote, wherever pertinent, adequate territorial ordaining, by means of
planning and control of use, apportionment and occupation of the urban soil;
promote the protection of the local historic and cultural heritage, with
due regard for federal and state legislation and supervision.
Article 31. Supervision of the municipality shall be exercised
by the municipal legislature, through outside control, and by the internal
control systems of the municipal executive branch, in the manner called for by
law.
Paragraph l - Outside control of the Municipal Chamber shall be exercised
with the assistance of the state or municipal Court of Accounts, or of the
Municipal Councils or Courts of Accounts, where they exist.
Paragraph 2 - The prior report, issued by the competent agency, on the
accounts to be rendered annually by the Mayor, shall not prevail only by a
decision of two-thirds of the members of the City Council.
Paragraph 3 - The accounts of the municipalities shall remain, for sixty days
annually, at the disposal, for examination and consideration, of anT taxpayer,
who may question their legitimacy, as the law provides.
Paragraph 4 - The creation of municipal courts, councils or agencies of
accounts is forbidden.
CHAPTER V - THE FEDERAL DISTRICT AND THE TERRITORIES
SECTION I - THE FEDERAL DISTRICT
Article 32. The Federal District, which may not be divided into
municipalities shall be governed by an organic law, voted in two readings, with
a minimum interval of ten days, and approved by two-thirds of the Legislative
Chamber, which shall enact it, in accordance with the principles set forth in
this Constitution.
Paragraph l - The legislative powers reserved to the states and
municipalities are attributed to the Federal District.
Paragraph 2 - The election of the Governor and the Vice-Governor, complying
with the rules of article 77, and of the District Deputies shall coincide with
that of the state Governors and Deputies, for a term of office of the same { rs
n
Paragraph 3 - The provisions of article 27 apply to the District Deputies and
the Legislative Chamber.
Paragraph 4 - A federal law shall provide for the use, by the Government of
the Federal District, of the civil and military polices and the military fire
brigade.
SECTION lI - THE TERRITORIES
Article 33. The law shall provide for the administrative and judicial
organization of the territories.
Paragraph 1 - The territories may be divided into municipalities, to which
the provisions of Chapter IV of this Title shall be applied, insofar as
pertinent.
Paragraph 2 - The accounts of the Government of the territory shall be
submitted to the National Congress, with the prior opinion of the Court of An
counts af the Union.
Paragraph 3 - In the federal territories with over a hundred thousand
inhabitants, in addition to the Governor, appointed as set forth in this
Constitution, there shall be judicial agencies of first and second instances,
members of the Public Prosecution and Federal Public Legal Defenders; the law
shall provide for the elections to the Territory Chamber and its decision-
making powers.
CHAPTER VI - INTERVENTION
*Article 34. The Union shall not intervene in the states or in the
Federal District, except:
to maintain national integrity;
to repel foreign invasion or that of one unit of the Federation into
another;
to put an end to serious jeopardy to public order;
to guarantee the free exercise of any of the powers of the units of the
Federation;
to reorganize the finances of a unit of the Federation that:
stops the payment of Its funded debt for more than two consecutive
years, except for reasons of force majeure;
fails to deliver to the municipalities the tax revenues established in
this Constitution, within the periods of time set forth by law;
to provide for the enforcement of federal law, judicial order or decision;
to ensure compliance with the following constitutional principles:
republican form, representative system and democratic regime;
rights of the human person;
municipal autonomy;
rendering of accounts of the direct and indirect public administration
the application of the mandatory minimum of the income resulting from
state taxes, including those originating from transfers, to the maintenance
and development of education.
Article 35. The state shall not intervene in its municipalities,
neither the Union in the municipalities located in a federal territory, except
when:
the funded debt is not paid for two consecutive years, without reasons of
force majeure;
the due accounts are not rendered, in the manner prescribed by las
the minimum required amount of the municipal revenues has not been applied
in the maintenance and development of education;
the Court of Justice grants a petition to ensure observance of the
principles indicated in the state Constitution or to provide for the
enforcement of the law, judicial order or decision.
Article 36.
The issuance of a decree of intervention shall depend:
on a request from the coerced or impeded Legislative or Executive Power,
or on a requisition from the Supreme Federal Court, if the coercion is
exercised against the Judicial Power, in the case of article 34, IV;
in case of disobedience to a judicial order or decision, on a requisition
from the Supreme Federal Court, the Superior Court of Justice or the Superior
Electoral Court;
on the granting of a petition from the Attorney-General of the Republic by
the Supreme Federal Court, in the case of article 34, VII;
on the granting of a petition from the Attorney-General of the Republic by
the Superior Court of Justice, in the case of refusal to enforce a federal
law.
Paragraph 1 - The decree of intervention, which shall specify the
extent, the period and the conditions of enforcement and which, if pertinent,
shall appoint the intervenor, shall be submitted to the National Congress or the
State Legislative Assembly for consideration, within twenty-four hours.
Paragraph 2 - If the National Congress or the Legislative Assembly are not in
session, a special session shall be called within the same twenty- four hours.
Paragraph 3 - In the case of article 34, VI and VII, or article 35, IV, when
the consideration by the National Congress or the Legislative Assembly may be
waived, the decree shall be limited to suspending the enforcement of the
impugned act, if such measure suffices to restore normality.
Paragraph 4 - Upon cessation of the reasons that caused the intervention, the
authorities removed from their offices shall return to them, unless there is
some legal impediment.
CHAPTER VII PUBLIC ADMINISTRATION
SECTION I - GENERAL PROVISIONS
*Article 37. The direct or indirect public administration of any of
the powers of the Union, the states, the Federal District and the
municipalities, as well as their foundations, shall obey the principles of
lawfulness, impersonality. morality, publicity and also the following:
public offices, positions and functions are accessible to all Brazilians
who meet the requirements established by law;
investiture in a public office or position depends on previously passing
an entrance examination consisting of tests or tests and presentation of
academic and professional credentials, except for appointment to a commission
office declared by law as being of free appointment and discharge;
the period of validity of a public entrance examination shall be up to two
years, extendable once for a like period of time;
during the unextendable period established in the public call notice, a
person who has passed a public entrance examination of tests, or of tests and
presentation of academic and professional credentials, shall be called with
priority over newly approved applicants, to take an office or position in the
career:
commission offices or positions of trust shall be exercised,
preferentially, by civil servants holding a post in a technical or
professional career, in the cases and under the conditions established in law;
the right to free union association is guaranteed to civil servants:
the right to strike shall be exercised in the manner and within the limits
defined by a supplementary law;
the law shall reserve a percentage of public offices and positions for
handicapped persons and shall define the criteria for their admittance
the law shall establish the cases of hiring for a limited period of time
to meet a temporary need of exceptional public interest;
the general review of the remuneration of Government employees without
distinction between the indices applied to civil and military servants, shall
always occur on the same date;
the law shall establish the maximum limit and the proportion between the
highest and the lowest remuneration of public servants, taking into account,
as maximum limits and within the sphere of the respective powers, the amounts
received as remuneration, in legal tender of any sort, by members of the
National Congress, Ministers of State and Justices of the Supreme Federal
Court and the corresponding offices in the states, the Federal District and
the territories and, in the municipalities, the amount received as
remuneration, in legal tender, by the Mayor;
the salaries for positions of the Legislative and Judicial Powers may not
be higher than those paid by the Executive Power;
the linkage or equalization of salaries, for purposes of the remuneration
of the personnel in the public services, is forbidden, except for the
provisions of the preceding item and of article 39, paragraph 1;
the pecuniary raises received by a government employee shall not be
computed or accumulated for purposes of granting subsequent raises, for the
same reason or on an identical basis;
the salaries of government employees may not be reduced, and the
remuneration shall comply with the provisions of article 37, XI and XII, 150,
II, 153, III, and paragraph 2, I;
remunerated accumulation of public offices is forbidden, except when there
is compatibility of working hours:
of two teaching positions;
of one teaching position with another technical or scientific position;
of two exclusively medical positions;
the prohibition to accumulate extends to positions and functions and
includes autonomous government agencies, public companies, mixed- capital
companies and foundations maintained by the Government;
the financial administration and its revenue officers shall, within their
spheres of authority and jurisdiction, have the right to precedence over the
other administrative sectors, as the law provides;
a public company, a mixed-capital company, an autonomous Government agency
or a public foundation may only be created by means of a specific law;
the creation of subsidiaries of the agencies mentioned in the preceding
item depends on legislative authorization, in each case, as well as the
participation by any of them in a private company;
with the exception of the cases specified in law, public works, services,
purchases and disposals shall be contracted by public bidding proceedings that
ensure equal conditions to all bidders, with clauses that establish payment
obligations, maintaining the effective conditions of the bid. as the law
provides, which shall only allow the requirements of technical and economic
qualifications indispensable to guarantee the fulfilling of the obligations.
Paragraph 1 - The publicity of the acts, programmes, public works, services
and campaigns of Government agencies shall be of educational, informative or
social orientation character, and shall not contain names, symbols or images
that characterize personal propaganda of Government authorities or employees.
Paragraph 2 - Non-compliance with the provisions of items II and III shall
result in the nullity of the act and punishment of the responsible authority, as
the law provides.
Paragraph 3 - Complaints relating to the rendering of public services shall
be regulated by law.
Paragraph 4 - Acts of administrative dishonesty shall result in the
suspension of political rights, loss of public function, prohibition to transfer
personal property and reimbursement to the Public Treasury, in the manner and
grading established by law, without prejudice to the applicable criminal action.
Paragraph 5 - The law shall establish the limitations for illicit acts,
performed by any agent, whether or not a Government employee, which cause losses
to the Public Treasury, without prejudice to the respective claims for
reimbursement.
Paragraph 6 - Public legal entities and private legal entities rendering
public services shall be liable for damages that any of their agents, acting as
such, cause to third parties, ensuring the right of recourse against the liable
agent in cases of malice or fault.
Article 38. The following provisions are applicable to civil servants
holding an elective office:
in the case of a federal, state or district elective office, ne shall
leave his office, position or function;
if vested with the office of Mayor, he shall take leave from his post,
position or function and he may opt for the corresponding remuneration;
if vested with the office of City Councilman, if there is compatibility of
working hours, he shall receive the benefits of his post, position or
function, without prejudice to the remuneration of his elective office and in
the case there is no such compatibility, the provisions of the preceding item
shall be applied;
in any case requiring leave of absence for the exercise of an elective
office, his time of service shall be counted in full, for all legal effects,
except for promotion by merit;
for purposes of social security benefits, in the case of leave of absence,
the amounts shall be established as if he were in activity.
SECTION II - CIVIL SERVANTS
Article 39. The Union, the states, the Federal District and the
municipalities shall institute, within their jurisdiction, a sole juridical
regime and career plans for the employees of the direct public administration,
the autonomous Government agencies and the public foundations.
Paragraph 1 - The law shall guarantee, to the direct administration
employees, equal salaries for offices in the same Power with equal or similar
duties or between employees of the Executive, Legislative or Judicial Powers,
except for advantages of a personal nature and those corresponding to the type
of work or the workplace.
Paragraph 2 - The provisions of article 7, IV, VI, VII, VIII, IX, XII, XIII,
XV, XVI, XVII, XVIII, XIX, XX, XXII, XXIII and XXX shall apply to these
employees.
Article 40. A civil servant shall go into retirement:
for permanent disability, receiving full pension if such disability
results from a work accident, professional disease or a serious, contagious or
incurable illness, as specified by law, and proportional pension in all other
cases:
compulsorily, at seventy years of age, with a pension proportional to the
period of service;
voluntarily:
upon thirty-five years of service, if a man, and upon thirty years, if a
woman, with full pay;
upon thirty years of effective exercise in teaching positions, if a man,
and upon twenty-five years, if a woman, with full pay;
upon thirty years of service, if a man, and upon twenty-five years, if a
woman, with pay in proportion to this period;
at sixty-five years of age, if a man, and at sixty, if a woman, with pay
in proportion to the period of service.
Paragraph 1 - A
supplementary law may establish exceptions to the provisions of item III, a and
c, in the case of the exercise of activities considered strenuous, unhealthy or
dangerous.
Paragraph 2 - The law shall provide for retirement in temporary offices or
positions.
Paragraph 3 - The period of federal, state or municipal public service shall
be calculated in full for purposes of retirement and placement on paid avai
lability
Paragraph 4 - The retirement pension shall be revised, in the same proportion
and on the same date, whenever the remuneration of the servants in activity is
changed, and any benefits or advantages subsequently granted to the servants in
activity shall also be extended to the retired servants, including those
resulting from the transformation or reclassification of the office or function
from which they retired, as the law provides.
Paragraph 5 - The benefit of pension for death shall correspond to the full
salary or earnings of the deceased employee, up to the limit established in law,
complying with the provisions of the preceding paragraph.
Paragraph 6 - The retirement and pension benefits of the federal civil
servants shall be financed by resources originating from the Union and from the
contributions of the civil servants. under the terms of the law.
Article 41. Servants employed by virtue of public entrance
examinations acquire tenure after two years of actual service.
Paragraph l - A tenured civil servant shall only lose his office by virtue of
a final and unappealable judicial decision or by means of an administrative
process, in which he is assured ample defense.
Paragraph 2 - If the dismissal of a tenured civil servant is voided by a
judicial decision, he shall be reinstated and the occupant of the vacancy shall
be led back to his original office, with no right to indemnity, taken to another
office or placed on paid availability.
Paragraph 3 - If the office is declared extinct or unnecessary. a tenured
civil servant shall remain on paid availability until he is adequately placed in
another office.
*SECTION III - THE MILITARY OF THE STATES, OF THE FEDERAL DISTRICT AND
OF THE TERRITORIES
**Article 42. The members of the Military Police and of the
Military Fire Brigades, institutions whose organization is based on hierarchy
and discipline, are military of the States, of the Federal District, and of the
Territories.
Paragraph 1. The provisions of article 14, paragraph 8; article 40, paragraph
3; and of article 142, paragraphs 2 and 3 apply to the military of the States,
of the Federal District and of the Territories, in addition to other provisions
that the law may establish, it being incumbent upon specific state legislation
to provide for the matters of article 142, paragraph 3, item X, the ranks of the
officers being awarded by the respective State Governors.
Paragraph 2. The provisions of article 40, paragraphs 4 and 5 apply to
military of the States, of the Federal District and of the Territories, and to
their pensioners, and the provision of article 40, paragraph 6 applies to the
military of the Federal District and the Territories.
SECTION IV - THE REGIONS
Article 43. For administrative purposes, the Union may co-ordinate its
action in one same social and geo-economic complex, seeking to attain its
development and to reduce regional inequalities.
Paragraph 1 - A supplementary law shall provide for:
the conditions for the integration of developing regions;
the composition of the regional agencies which shall carry out, as
provided by law, the regional plans included in the national social and
economic development plans approved concurrently.
Paragraph 2 - The
regional incentives shall include, besides others, as prescribed by law:
equality of tariffs, freight rates, insurance and other cost and price
items which are within the responsibility of the Government;
favoured interest rates for the financing of priority activities;
exemptions, reductions or temporary deferment of federal taxes owed by
individuals or by legal entities;
priority in the economic and social use of rivers and dammed or dammable
water masses in low-income regions subject to periodical droughts.
Paragraph 3 - In the areas referred to in paragraph 2, IV, the Union
shall grant incentives to the recovery of arid lands and shall cooperate with
small and medium-size rural landowners in the implementing of 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 44. The Legislative Power is exercised by the National
Congress, which is composed of the Chamber of Deputies and the Federal Senate.
Sole paragraph - Each legislative term shall have the duration of four years.
Article 45. The Chamber of Deputies is composed of representatives of theca
people, elected, by the proportional system, in each state, territory and in the
Federal District.
Paragraph 1 - The total number of Deputies, as well as the representation of
the states and of the Federal District shall be established by a supplementary
law, in proportion to the population, and the necessary adjustments shall 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 Deputies.
Paragraph 2 - Each territory shall elect four Deputies.
Article 46. The Federal Senate is composed of representatives of the
states and of the Federal District, elected by a majority vote.
Paragraph 1 - Each state and the Federal District shall elect three Senators
for a term of office of eight years.
Paragraph 2 - One-third and two-thirds of the representation of each state
and of the Federal District shall be renewed every four years, alternately.
Paragraph 3 - Each Senator shall be elected with two substitutes.
Article 47. Except where there is a constitutional provision to the
contrary, the decisions of each House and of their committees shall be taken by
a majority vote, when the absolute majority of its members is present.
SECTION II - POWERS OF THE NATIONAL CONGRESS
Article 48. The National Congress shall have the power, with the
sanction of the President of the Republic, which shall not be required for the
matters specified in articles 49, 51 and 52, to provide for all the matters
within the competence of the Union and especially on:
system of taxation, collection of taxes and income distribution;
pluriannual plan, budgetary directives, annual budget, credit
transactions, public debt and issuance of currency;
establishment and modification of Armed Forces troops;
national, regional and sectorial plans and programmes of development;
boundaries of the national territory, air and maritime space and property
of the Union;
incorporation, subdivision or dismemberment of areas of territories or
states, after consulting with the respective Legislative Assembly;
temporary transference of the seat of the Federal Government;
granting of amnesty;
administrative and judicial organization of the Public Prosecution and the
Public Legal Defense of the Union and of the territories, and judicial
organization of the Public Prosecution and the Public Legal Defense of the
Federal District;
establishment, transformation and extinction of public offices, positions
and functions;
establishment, organization and duties of the Ministries and public
administration agencies;
telecommunications and radio broadcasting;
financial, foreign exchange and monetary matters, financial institutions
and their operations;
currency, currency issuance limits, and amount of federal indebtedness.
Article 49. It is exclusively the competence of the National
Congress:
to decide conclusively on international treaties, agreements or a which
result in charges or commitments that go against the national property;
to authorize the President of the Republic to declare war, to make peace
and to permit foreign forces to pass through the national territory or remain
therein temporarily, with the exception of the cases provided by a
supplementary law;
to authorize the President and the Vice-President of the Republic to leave
the country, when such absence exceeds fifteen days;
to approve a state of defense and federal intervention, authorize a state
of siege or suspend any of these measures;
to stop the normative acts of the Executive Power which exceed their
regimental authority or the limits of legislative delegation;
to transfer its seat temporarily;
to establish identical remuneration for Federal Deputies and Senators, in
each legislative term, for the subsequent one, taking into account the
provisions of articles 150, II, 153, III, and 153, paragraph 2, I;
to establish, for each fiscal year, the remuneration of the President and
the Vice-President of the Republic and of the Ministers of State, taking into
account the provisions of articles 150, II, 153, III, and 153, paragraph 2, I;
to examine each year the accounts rendered by the President of the
Republic and to consider the reports on the execution of Government plans;
to supervise and control directly or through either of its Houses, the
acts of the Executive Power, including those of the indirect administration;
to ensure the preservation of legislative competence in the face of the
normative incumbency of the other Powers;
to consider the acts of concession and renewal of concession of radio and
television stations;
to choose two-thirds of the members of the Court of Accounts of the Union;
to approve initiatives of the Executive Power referring to nuclear
activities
to authorize a referendum and to call a plebiscite;
to authorize, in Indian lands, the exploitation and use of hydric
resources and the prospecting and mining of mineral resources
to give prior approval to the disposal or concession of public lands with
an area of over two thousand and five hundred hectares
Article
50. The Chamber of Deputies and the Federal Senate, or any of their
committees, may summon a Minister of State or any chief officers of agencies
directly subordinate to the Presidency of the Republic to personally render
information on a previously determined matter, and absence without adequate
justification shall constitute a crime of malversation.
Paragraph 1 - The Ministers of State may attend the Federal Senate, the
Chamber of Deputies or any of their committees, on their own initiative and by
agreement with the respective Directing Board, to report on a matter of
relevance to their Ministry
Paragraph 2 - The Directing Boards of the Chamber of Deputies and of the
Federal Senate may forward to the Ministers of State, or any of the persons
mentioned in the caption of this article, written requests for information, and
refusal or non-compliance, within a period of thirty days, as well as the
rendering of false information. shall constitute a crime of malversation.
SECTION III - THE CHAMBER OF DEPUTIES
Article 51. It is exclusively the competence of the Chamber of
Deputies:
to authorize, by two-thirds of its members, legal proceeding to be
initiated against the President and the Vice-President of the Republic and the
Ministers of State;
to effect the taking of accounts of the President of the Republic, when
they are not presented to the National Congress within sixty days of the
opening of the legislative session;
to draw up its internal regulations;
to provide for its organization, functioning, police, creation,
transformation or extinction of offices, positions and functions of its
services, and the establishment of their respective remuneration, taking into
account the guidelines set forth in the law of budgetary directives;
to elect the members of the Council of the Republic, in the manner
prescribed bv article 89. VII.
SECTION IV - THE FEDERAL SENATE
Article 52. It is exclusively the competence of the Federal Senate:
to effect the legal proceeding and trial of the President and
Vice-President of the Republic for crime of malversation and the Ministers of
State for crimes of the same nature relating to those;
to effect the legal proceeding and trial of the Justices of the Supreme
Federal Court, the Attorney-General of the Republic and the Advocate-General
of the Union for crimes of malversation;
to give prior consent, by secret voting, after public hearing, on the
selection of
judges, in the cases established in this Constitution;
Justices of the Court of Accounts of the Union appointed by the
President of the Republic;
Governor of a territory;
president and directors of the Central Bank;
Attorney-General of the Republic; v
holders of other offices, as the law may determine;
to give prior approval, by secret voting, after closed hearing, on the
selection of heads of permanent diplomatic missions:
to authorize foreign transactions of a financial nature, of the interest
of the Union, the states, the Federal District, the territories and the
municipalities;
to establish, as proposed by the President of the Republic, total limits
for the entire amount of the consolidated debt of the Union, the states. the
Federal District and the municipalities;
to provide for the total limits and conditions for foreign and domestic
credit transactions of the Union, the states, the Federal District and the
municipalities, of their autonomous Government entities and other entities
controlled by the Federal Government;
to provide for limits and conditions for the concession of a guarantee by
the Union in foreign and domestic credit transactions;
to establish total limits and conditions for the entire amount of the debt
of the states, the Federal District and the municipalities;
to stop the application, in full or in part, of a law declared
unconstitutional by final decision of the Supreme Federal Court;
to approve, by absolute majority and by secret voting, the removal from
office of the Attorney-General of the Republic before the end of his term of
office;
to draw up its internal regulations;
to provide for its organization, functioning, police, creation,
transformation or extinction of offices, positions or functions of its
services and establishment of their respective remuneration, taking into
account the guidelines established in the law of budgetary directives;
to elect the members of the Council of the Republic, as established in
article 89, VII.
Sole paragraph - In the cases provided for in items I and II, the Chief
Justice of the Supreme Federal Court shall act as President and the sentence,
which may only be issued by two-thirds of the votes of the Federal Senate,
shall be limited to the 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 - DEPUTIES AND SENATORS
Article 53. The Deputies and Senators enjoy inviolability on account
of their opinions, words and votes.
Paragraph 1 - From the date of the issuance of the certificate of electoral
victory, the members of the National Congress may not be arrested, except in
flagrante delicto of an umbailable crime, nor may they be criminally
prosecuted, without prior authorization by the respective House.
Paragraph 2 - Rejection of the demand for authorization or the absence of a
decision shall suspend the limitation for the duration of the term of office.
Paragraph 3 - In the event of flagrante delicto of an umbailable
crime, the case records shall be sent within twenty-four hours to the respective
House which, by the secret vote of the majority of its members, shall decide on
the arrest and authorize or not the indictment.
Paragraph 4 - The Deputies and Senators shall be tried by the Supreme Federal
Court.
Paragraph 5 - The Deputies and Senators shall not have the obligation to
render testimony or information received or given by virtue of the exercise of
their mandate, nor against persons who rendered them information or received
information from them.
Paragraph 6 - Incorporation into the Armed Forces of Deputies and Senators
even if they hold military rank and even in time of war shall depend upon theca
previous granting of permission by the respective House.
Paragraph 7 - The immunities of Deputies and Senators shall be maintained
during a state of siege and may only be suspended by the vote of two-thirds of
the members of the respective House, in the case of acts committed outside the
premises of Congress, which are not compatible with the implementation of such
measure.
Article 54. Deputies and Senators may not:
after the issuance of their certificate of electoral victory:
sign or maintain a contract with a public legal entity, autonomous
Government agency, public company, mixed-capital company or public utility
company, unless the contract is in accordance with uniform clauses;
accept or hold a paid office, function or position including those from
which they may be dismissed ad nutum in the entities mentioned in the
preceding subitem;
after taking office:
be the owners, controllers or directors of a company which enjoys
benefits arising from a contract with a public legal entity or perform a
remunerated position therein;
hold an office or function from which they may be dismissed ad nutum, in
the entities mentioned in item I, a;
act as lawyer in a cause in which any of the entities referred to in
item I, a, has an interest;
be the holders of more than one public elective position or office
Article 55. A Deputy or Senator shall lose his
office:
if he violates any of the prohibitions established in the preceding
article;
if his conduct is declared incompatible with parliamentary decorum;
if he fails to appear, in each legislative session, at one-third of the
regular sessions of the House to which he belongs, except for a leave of
absence or a mission authorized by the House concerned:
if his political rights have been lost or suspended;
whenever decreed by the Electoral Courts, in the cases established in this
Constitution;
if he is criminally convicted by a final and unappealable sentence
Paragraph 1 - Abuse of the prerogatives ensured to a Congressman or
the gaining of undue advantages, in addition to the cases defined in the
internal regulations, is incompatible with parliamentary decorum.
Paragraph 2 - In the cases of items I, II and VI, loss of office shall be
declared by the Chamber of Deputies or the Federal Senate, by secret voting and
absolute majority, on the initiative of the respective Directing Board or of a
political party represented in the National Congress, full defense being
ensured.
Paragraph 3 - In the cases set forth in items III to V, the loss shall be
declared by the Directing Board of the respective House, ex officio or
upon the initiative of any of its members, or of a political party represented
in the National Congress, full defense being ensured.
Paragraph 4 - The resignation of a Congressman submitted to a legal suit that
aims at or may lead to loss of mandate, under the provisions of this article,
will have its effects suspended until the final deliberations mentioned in
paragraphs 2 and 3.
Article 56. A Deputy or Senator shall not lose his office:
if vested with the office of Minister of State, Governor of a territory,
Secretary of a state, of the Federal District, of a territory, of a state
capital or head of a temporary diplomatic mission;
if on leave of absence from the respective House, by virtue of illness or,
without remuneration, to attend to private matters, provided that, in this
case, the absence does not exceed one hundred and twenty days per legislative
session.
Paragraph 1. The substitute shall be 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.
Paragraph 2 - Upon the occurrence of a vacancy and there being no substitute,
if more than fifteen months remain before the end of the term of office, an
election shall be held to fill it.
Paragraph 3 - In the event of item I, the Deputy or Senator may opt for the
remuneration of the elective office.
SECTION VI - THE SESSIONS
Article 57. The National Congress shall meet each year in the Federal
Capital. from February 15 to June 30 and from August 1 to December 15.
Paragraph 1 - If sessions scheduled for these dates fall on a Saturday, a
Sunday or a holiday, they shall be transferred to the subsequent workday.
Paragraph 2 - The legislative session shall not be interrupted before the
approval of the bill of budgetary directives
Paragraph 3 - In addition to other cases provided for in this Constitution
the Chamber of Deputies and the Federal Senate shall meet in a joint session to
inaugurate the legislative session;
draw up the common regulations and regulate the creation of services
common to both Houses:
take the oath of the President and of the Vice-President of the Republic;
acknowledge a veto and resolve thereon.
Paragraph 4 - Both Houses
shall meet in a preparatory session, beginning February 1 of the first year of
the legislative term, for the installation of its members and the election of
the respective Directing Boards, for a term of office of two years, the
re-election to the same office in the immediately subsequent election being
prohibited.
Paragraph 5 - The Directing Board of the National Congress shall be presided
by the President of the Federal Senate and the remaining offices shall be held,
alternately, by the holders of equivalent offices in the Chamber of Deputies and
in the Federal Senate.
Paragraph 6 - Special sessions of the National Congress shall be called:
by the President of the Federal Senate, in the event of a decree of a
state of defense or of federal intervention, of a demand for the authorization
to decree a state of siege and the taking of oath and inauguration of the
President and the Vice-President of the Republic,
by the President of the Republic, by the Presidents of the Chamber of
Deputies and of the Federal Senate or by request of the majority of the
members of both Houses, in case of urgency or important public interest.
Paragraph 7 - In a special legislative session, the National Congress
shall deliberate only upon the matter for which it was called
SECTION VII - THE COMMITTEES
Article 58. The National Congress and both its Houses shall have
permanent and temporary committees, established in the manner and with the
incumbencies set forth in the respective regulations or in the act from which
their creation
Paragraph 1. In the composition of the Directing Boards and of each
committee, the proportional representation of the parties or the parliamentary
groups which participate in the respective House shall be ensured to the extent
possible.
Paragraph 2 - The committees have the power, on account of the matter under
their authority.
to debate and vote on bills of law which, in accordance with the
regulations, are exempt from being submitted to the Plenary Assembly, except
in the event of an appeal from one-tenth of the members of the respective
House
to hold public audiences with entities of civil society;
to summon Ministers of State to render information on matters inherent to
their duties;
to receive petitions, claims, statements or complaints from any person
against acts or omissions of Government authorities or entities;
to request the testimony of any authority or citizen;
to examine construction work programs and national, regional and sectorial
development plans and to report thereupon.
Paragraph 3 - Parliamentary
inquiry committees, which shall have the powers of investigation inherent to the
judicial authorities, in addition to other powers set forth in the regulations
of the respective Houses, shall be created by the Chamber of Deputies and by the
Federal Senate, jointly or separately, upon the request of one-third of its
members, to investigate a given fact and for a certain period of time? and their
conclusions shall, if the case may be, be forwarded to the Public Prosecution to
determine the civil or criminal liability of the offenders.
Paragraph 4 - During recess there shall be a committee to represent the
National Congress, elected by both its Houses in the last regular session of the
legislative session, with incumbencies defined in the common regulations, the
composition of which shall repeat, to the extent possible, the proportional
representation of the political parties.
SECTION VIII - THE LEGISLATIVE PROCESS
SUBSECTION I - GENERAL PROVISION
Article 59. The legislative process comprises the preparation of:
amendments to the Constitution;
supplementary laws;
ordinary laws;
delegated laws;
provisional measures;
legislative decrees;
Sole paragraph - A supplementary law shall
provide for the preparation, drafting, amendment and consolidation of
laws.
SUBSECTION II - AMENDMENTS TO THE CONSTITUTION
Article 60. The Constitution may be amended on the proposal of:
at least one-third of the members of the Chamber of Deputies or of the
Federal Senate;
the President of the Republic;
more than one half of the Legislative Assemblies of the units of the
Federation, each of them expressing itself by the relative majority of its
members.
Paragraph l - The Constitution shall not be amended while
federal intervention, a state of defense or a state of siege is in force.
Paragraph 2 - The proposal shall be discussed and voted upon in each House of
the National Congress, in two readings, and it shall be considered approved if
it obtains in both readings, three-fifths of the votes of the respective
members.
Paragraph 3 - An amendment to the Constitution shall be promulgated by the
Directing Boards of the Chamber of Deputies and the Federal Senate with the
respective sequence number.
Paragraph 4 - No proposal of amendment shall be considered which is aimed at
abolishing:
the federative form of State;
the direct, secret, universal and periodic vote;
the separation of the Government Powers;
individual rights and guarantees.
Paragraph 5 - The matter dealt
with in a proposal of amendment that is rejected or considered impaired shall
not be the subject of another proposal in the same legislative session.
SUBSECTION III - THE LAWS
*Article 61. The initiative of supplementary and ordinary laws is
within the competence of any member or committee of the Chamber of Deputies and
the Federal Senate or the National Congress, the President of the Republic, the
Supreme Federal Court, the Superior Courts, the Attorney-General of the Republic
and the citizens, in the manner and in the cases provided for in this
Constitution.
Paragraph 1 - It is the exclusive initiative of the President of the Republic
to introduce laws that:
determine or modify the number of Armed Forces troops;
provide for:
creation of public offices, functions or positions in the direct
administration and in autonomous Government agencies or increases in their
salaries;
administrative and judicial organization, tax and budgetary matters,
public services and administrative personnel of the territories;
government employees of the Union and Territories, their legal
statute, appointment to offices, tenure and retirement;
organization of the Public Prosecution and of the Public Legal Defense
of the Union, as well as general rules for the organization of the Public
Prosecution and the Public Legal Defense of the states, the Federal District
and the territories;
creation, structuring and duties of the Ministries and public
administration agencies;
military of the Armed Forces, their legal statute, appointment to
offices, promotions, tenure, remuneration, retirement, and transfer to the
reserve.
Paragraph 2 - The initiative of the people may
be exercised by means of the presentation to the Chamber of Deputies of a bill
of law subscribed by at least one percent of the national electorate,
distributed throughout at least five states, with not less than three-tenths of
one percent of the voters in each of them.
Article 62. In important and urgent cases, the President of the
Republic may adopt provisional measures with the force of law and shall submit
them to the National Congress immediately, and if Congress is in recess, a
special session shall be called to meet within five days.
Sole paragraph - Provisional measures shall lose effectiveness from the day
of their issuance, if they are not converted into law within a period of thirty
days as from their publication and the National Congress shall regulate the
legal relations arising therefrom.
Article 63. An increase in expenditure proposals shall not be
admitted:
in bills of the exclusive initiative of the President of the Republic,
except for the provisions of article 166, paragraphs 3 and 4;
in bills concerning theca organization of the administrative services of
the Chamber of Deputies, the Federal Senate, the Federal Courts and the Public
Prosecution.
Article 64. The discussion and voting of the bills
of law which are the initiative of the President of the Republic, the Supreme
Federal Court and of the Superior Courts shall start in the Chamber of Deputies.
Paragraph 1 - The President of the Republic may request urgency in the
examination of bills of his own initiative.
Paragraph 2 - If, in the case of the preceding paragraph, the Chamber of
Deputies and the Federal Senate fail to act, each one, successively on the
proposition, within up to forty-five days, this proposition shall be included in
the order of the day and the deliberation upon other subjects shall be
suspended, in order that the voting may be concluded.
Paragraph 3 - Amendments of the Federal Senate shall be examined by the
Chamber of Deputies within a period of ten days, in accordance, otherwise. with
the provisions of the preceding paragraph.
Paragraph 4 - The periods of time referred to in paragraph 2 shall not be
counted while the Congress is in recess and shall not apply to the bills of
codes.
Article 65. A bill of law approved by one House shall be reviewed by
the other in a single reading of discussing and voting and sent for sanctioning
or promulgation, if approved by the reviewing House, or it shall be dismissed,
if rejected.
Sole paragraph - If the bill is amended, it shall return to the House where
it was proposed.
Article 66. The House in which voting is concluded shall send the bill
of law to the President of the Republic, who, if he concurs, shall sanction it.
Paragraph 1 - If the President of the Republic considers the bill of law,
wholly or in part, unconstitutional or contrary to public interest, he shall
veto it, wholly or in part, within fifteen work days, counted from the date of
receipt and he shall, within forty-eight hours, inform the President of the
Senate of the reasons of his veto.
Paragraph 2 - A partial veto shall only comprise the full text of an article,
paragraph, item or subitem.
Paragraph 3 - After a period of fifteen days, the silence of the President of
the Republic shall be considered as sanctioning.
Paragraph 4 - The veto shall be examined in a joint session, within thirty
days, counted from the date of receipt, and may only be rejected by the absolute
majority of the Deputies and Senators, by secret voting.
Paragraph 5 - If the veto is not upheld. the bill shall be sent to the
President of the Republic for promulgation.
Paragraph 6 - If the period established in paragraph 4 elapses without a
decision being reached, the veto shall be included in the order of the day of
the following session, and all other propositions shall be suspended until its
final voting, except for the matters referred to in article 62, sole paragraph.
Paragraph 7 - If, in the cases of paragraphs 3 and 5, the law is not
promulgated within forty-eight hours by the President of the Republic, the
President of the Senate shall enact it and if the latter fails to do so within
the same period, the Vice-President of the Senate shall do so.
Article 67. The matter dealt with in a rejected bill of law may only
be the subject of a new bill during the same legislative session, upon proposal
of the absolute majority of the members of either House of the National
Congress.
Article 68. Delegated laws shall be drawn up by the President of the
Republic, who shall request delegation from the National Congress.
Paragraph 1 - There shall be no delegation of acts falling within the
exclusive competence of the National Congress, of those within the exclusive
competence of the Chamber of Deputies or the Federal Senate, of matters reserved
for supplementary laws and of legislation on:
the organization of the Judicial Power and of the Public Prosecution, the
career and guarantees of their members;
nationality, citizenship, individual, political and electoral rights,
pluriannual plans. budgetary directives and budgets.
Paragraph 2 -
The delegation to the President of the Republic shall take the form of a
resolution of the National Congress, which shall specify its contents and the
terms of its exercise.
Paragraph 3 - If the resolution calls for consideration of the bill by the
National Congress, the latter shall do so in a single voting, any amendment
being forbidden.
Article 69. Supplementary laws shall be approved by absolute majority.
SECTION IX - ACCOUNTING, FINANCIAL AND BUDGETARY CONTROL
Article 70. Control of accounts, finances, budget, operations and
property of the Union and of the agencies of the direct and indirect
administration, as to lawfulness, legitimacy, economic efficiency, application
of subsidies and waiver of revenues, shall be exercised by the National
Congress, by means of external control and of the internal control system of
each Power.
Sole paragraph - Accounts shall be rendered by any individual or public
entity which uses, collects, keeps, or manages public monies, assets or values,
or those for which the Union is responsible or which, on behalf of the Union,
assumes obligations of a pecuniary nature.
Article 71. External control, incumbent on the National Congress,
shall be exercised with the aid of the Federal Court of Accounts, which shall:
examine the accounts rendered annually by the President of the Republic,
by means of a prior opinion which shall be prepared in sixty days counted from
receipt;
evaluate the accounts of the administrators and other persons responsible
for public monies, assets and values of the direct and indirect
administration, including foundations and companies instituted and maintained
by the Federal Government as well as the accounts of those who have caused a
loss, misplacement or other irregularity resulting in losses to the public
treasury:
examine, for the purpose of registration, the lawfulness of acts of
admission of personnel, on any account, in the direct and indirect
administration, including the foundations instituted and maintained by the
Federal Government, with the exception of the appointments to commission
offices, as well as the granting of civil and military retirement and
pensions, except for subsequent improvements which do not alter the legal
fundaments of the conceding act;
carry out, on its own initiative or on that of the Chamber of Deputies, of
the Federal Senate, or of a technical or inquiry committee, inspection and
audits of an accounting, financial, budgetary, operational or property nature
in the administrative units of the Legislative, Executive and Judicial Powers
and other entities referred to in item II;
control the national accounts of supranational companies in whose capital
stock the Union holds a direct or indirect interest, as set forth in the acts
of incorporation:
control the use of any funds transferred by the Union, by means of an
agreement, arrangement, adjustment or any other similar instrument, to a
state, the Federal District or a municipality;
render the information requested by the National Congress, by either of
its Houses or by any of the respective committees concerning accounting,
financial, budgetary, operational and property control and the results of
audits and inspections made;
in case of illegal expenses or irregular accounts, apply to the
responsible parties the sanctions provided by law, which shall establish,
among other comminations, a fine proportional to the damages caused to the
public treasury;
determine a period of time for the agency or entity to take the necessary
steps for the strict compliance with the law, if an illegality is established;
if not heeded, stop the execution of the impugned act, notifying the
Chamber of Deputies and the Federal Senate of such decision;
present a formal charge to the competent Power on any irregularities or
abuses verified.
Paragraph 1 - In the case of a contract, the
restraining act shall be adopted directly by the National Congress, which shall
immediately request the Executive Power to take the applicable measures.
Paragraph 2 - If the National Congress or the Executive Power, within ninety
days, do not take the measures provided for in the preceding paragraph. the
Court shall decide on the matter.
Paragraph 3 - Decisions of the Court resulting in the imposition of a debt or
fine shall have the effectiveness of an execution instrument.
Paragraph 4 - The Court shall, quarterly and annually, forward to the
National Congress a report on its activities.
Article 72. In view of indications of unauthorized expenditure, even
if in the form of non-programmed investments or non-approved subsidies, the
permanent joint Committee referred to in article 166, paragraph 1, may request
the responsible Government authority to render the necessary explanation, within
five days.
Paragraph 1 - If the explanations are not rendered or are considered
insufficient, the Committee shall request the Court to make a conclusive
statement on the matter within thirty days.
Paragraph 2 - If the Court deems the expense to be irregular, the Committee
shall, if it considers that the expenditure may cause irreparable damage or
serious injury to the public economy, propose to the National Congress that it
be suspended.
Article 73. The Court of Accounts of the Union, formed by nine
Justices, shall have its seat in the Federal District, its own staff and
jurisdiction throughout the national territory, and shall exercise, insofar as
pertinent, the incumbencies provided for in article 96.
Paragraph 1. The Justices of the Court of Accounts of the Union shall be
appointed from among Brazilians who meet the following requirements:
more than thirty-five and less than sixty-five years of age;
moral integrity and spotless reputation;
notable knowledge of the law, accounting, economics and finances or of
public administration;
more than ten years of exercise of office or of actual professional
activity which requires the knowledge mentioned in the preceding item.
Paragraph 2 - The Justices of the Court of Accounts of the Union shall
be chosen:
one-third by the President of the Republic with the approval of the
Federal Senate, two of them being alternately chosen from among auditors and
members of the Public Prosecution at the Court, as indicated in a triple list
by the Court, in accordance with criteria of seniority and merit:
two-thirds by the National Congress.
Paragraph 3 - The Justices of
the Court of Accounts of the Union shall have the same guarantees, prerogatives,
impediments, remuneration and advantages as the Justices of the Superior Court
of Justice and may only retire with the advantages of the office if they have
actually held it for more than five years.
Paragraph 4 - The auditor, when substituting for a Justice, shall have the
same guarantees and impediments as the incumbent Justice, and, when in exercise
of the other duties of the judicature, those of a Judge of a Federal Regional
Court.
Article 74. The Legislative, Executive and Judicial Powers shall
maintain an i ntegrated system of internal control for the purpose of:
evaluating the attainment of the goals established in the pluriannual
plan, the implementation of government programmes and of the budgets of theca
Union:
verifying the lawfulness and evaluating the results, as to effectiveness
and efficiency, of the budgetary, financial and property management in the
agencies and entities of the federal administration, as well as the use of
public funds by private legal entities;
exercising control over credit transactions, collateral signatures and
guarantees, as well as over the rights and assets of the Union,
supporting external control in the exercise of its institutional misrion.
Paragraph 1. The persons responsible for internal control shall, upon
learning of any irregularity or illegality, inform the Court of Accounts of the
Union about it, subject to joint liability.
Paragraph 2 - Any citizen, political party. association or labour union has
standing under the law to denounce irregularities or illegalities to the Court
of Accounts of the Union.
Article 75. The rules set forth in this section shall apply, where
appropriate, to the organization, composition and control of the Court of
Accounts of the states and of the Federal District, as well as the Courts and
Councils of Accounts of the municipalities.
Sole paragraph - The state Constitutions shall provide for the respective
Courts of Accounts, which shall be formed by seven council members.
CHAPTER II - THE EXECUTIVE POWER
SECTION I - THE PRESIDENT AND THE VICE PRESIDENT OF THE
REPUBLIC
Article 76. The Executive Power is exercised by
the President of the Republic. assisted by the Ministers of State.
*Article 77.The election of the President and
Vice-President of the Republic shall take place simultaneously, on the first
Sunday of October, in the first round, and on the last Sunday of October, in the
second round, as the case may be, of the year preceding the one in which the
current presidential term of office ends.
Paragraph 1. The election of the President of the Republic shall imply the
election of the Vice-President registered with him.
Paragraph 2 - The candidate who, being registered by a political party,
obtains an absolute majority of votes, not counting blank or void votes, shall
be considered elected President.
Paragraph 3 - If no candidate attains an absolute majority in the first
voting, another election shall be held within twenty days from the announcement
of the results, the competition being between the two candidates with the
highest number of votes, and being considered elected the candidate with the
majority of valid votes.
Paragraph 4 - Should one of the candidates, before the second round of voting
is held, die, withdraw or become legally impaired, the candidate with the
highest number of votes among the remaining candidates shall be called.
Paragraph 5 - 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
shall qualify.
Article 78. The President and the Vice-President of the Republic shall
take office in a session of the National Congress, pledging to maintain, defend
and carry out the Constitution, obey the laws, promote the general well-being of
the Brazilian people, sustain the union, the integrity and the independence of
Brazil.
Sole paragraph - In the event that, after ten days from the date scheduled
for the inauguration, the President or the Vice-President, except by reason of
force majeure has not taken office. the office shall be declared vacant.
Article 79. The Vice-President shall replace the President in the
event of impediment and shall succeed him in the event of vacancy.
Sole paragraph - In addition to other duties attributed to him by a
supplementary law, the Vice-President shall assist the President whenever
summoned by him for special missions.
Article 80. In the event of impediment of the President and of the
Vice- President or of vacancy of the respective offices, the President of the
Chamber of Deputies, the President of the Senate and the Chief Justice of the
Supreme Federal Court shall be called successively to exercise the Presidency.
Article 81. In the event of vacancy of the offices of President and
Vice-President of the Republic, elections shall be held ninety days after the
occurrence of the last vacancy.
Paragraph 1 - If the vacancy occurs during the last two years of the
President's term of office, the National Congress shall hold elections for both
offices thirty days after the last vacancy. as established bv law.
Paragraph 2 - In any of the cases, those elected shall complete the term of
office of their predecessors.
*Article 82.The term of office of the President of the
Republic is four years, and it shall commence on January 1 of the year following
the year of his election.