Constitutional Text: Brazil Constitution of 1988 in Europe
CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL
OCTOBER 5, 1988
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:
I — sovereignty;
II — citizenship;
III — the dignity of the human person;
IV — the social values of labour and of the free enterprise;
V — 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.
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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:
I — to build a free, just and solidary society;
II — to guarantee national development;
III — to eradicate poverty and substandard living conditions
and to reduce social and regional inequalities;
IV — 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:
I — national independence;
II — prevalence of human rights;
III — self-determination of the peoples;
IV — non-intervention;
V — equality among the States;
VI — defense of peace;
VII — peaceful settlement of conflicts;
VIII — repudiation of terrorism and racism;
IX — cooperation among peoples for the progress of mankind;
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X — 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.
Title II
Fundamental Rights and Guarantees
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:
I — men and women have equal rights and duties under the
terms of this Constitution;
II — no one shall be obliged to do or refrain from doing
something except by virtue of law;
III — no one shall be submitted to torture or to inhuman or
degrading treatment;
IV — the expression of thought is free, and anonymity is
forbidden;
V — the right of reply is ensured, in proportion to the offense,
as well as compensation for property or moral damages or for
damages to the image;
VI — 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;
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VII — under the terms of the law, the rendering of religious
assistance in civil and military establishments of collective
confinement is ensured;
VIII — 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;
IX — the expression of intellectual, artistic, scientific, and
communications activities is free, independently of censorship
or license;
X — 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;
XI — 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;
XII — 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;
XIII — the practice of any work, trade or profession is free,
observing the professional qualifications which the law shall
establish;
XIV — access to information is ensured to everyone and the
confidentiality of the source shall be safeguarded, whenever
necessary to the professional activity;
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XV — 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;
XVI — all persons may hold peaceful meetings, without
weapons, in places open to the public, regardless of
authorization, provided that they do not frustrate another
meeting previously called for the same place, subject only to
prior notice to the competent authority;
XVII — freedom of association for lawful purposes is fully
guaranteed, any paramilitary association being forbidden;
XVIII — 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;
XIX — 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;
XX — no one shall be compelled to become associated or to
remain associated;
XXI — when expressly authorized, associations shall have the
legitimacy to represent their members either judicially or
extrajudicially;
XXII — the right of property is guaranteed;
XXIII — property shall observe its social function;
XXIV — 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;
XXV — in case of imminent public danger, the competent
authority may make use of private property, provided that, in
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case of damage, subsequent compensation is ensured to the
owner;
XXVI — 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;
XXVII — 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;
XXVIII — under the terms of the law, the following are
ensured:
a) protection of individual participation in collective
works and of reproduction of the human image and
voice, including in sports activities;
b) 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;
XXIX — 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;
XXX — the right to inheritance is guaranteed;
XXXI — 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;
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XXXII — the State shall provide, as set forth by law, for the
defense of consumers;
XXXIII — 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;
XXXIV — the following are ensured to everyone, without any
payment of fees:
a) the right to petition the Government in defense of
rights or against illegal acts or abuse of power;
b) the obtaining of certificates from government offices,
for the defense of rights and clarification of situations of
personal interest;
XXXV — the law shall not exclude any injury or threat to a
right from the consideration of the Judicial Power;
XXXVI — the law shall not injure the vested right, the perfect
juridical act and the “res judicata”;
XXXVII — there shall be no exceptional tribunal or court;
XXXVIII — the institution of the jury is recognized, according
to the organization which the law shall establish, and the
following are ensured:
a) full defense;
b) secrecy of voting;
c) sovereignty of verdicts;
d) power to judge willful crimes against life;
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XXXIX — there is no crime without a previous law to define it,
nor a punishment without a previous legal commination;
XL — penal law shall not be retroactive, except to benefit the
defendant;
XLI — the law shall punish any discrimination which may
attempt against fundamental rights and liberties;
XLII — the practice of racism is a non-bailable crime, with no
limitation, subject to the penalty of confinement, under the
terms of the law;
XLIII — 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;
XLIV — 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;
XLV — 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;
XLVI — the law shall regulate the individualization of
punishment and shall adopt the following, among others:
a) deprivation or restriction of freedom;
b) loss of assets;
c) fine;
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d) alternative rendering of social service;
e) suspension or deprivation of rights;
XLVII — there shall be no punishment:
a) of death, save in case of declared war, under the
terms of article 84, XIX;
b) of life imprisonment;
c) of hard labour;
d) of banishment;
e) which is cruel;
XLVIII — the sentence shall be served in separate
establishments, according to the nature of the offense, the
age and the sex of the convict;
XLIX — prisoners are ensured of respect to their physical and
moral integrity;
L — female prisoners shall be ensured of adequate conditions
to stay with their children during the nursing period;
LI — 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;
LII — extradition of a foreigner on the basis of political or
ideological crime shall not be granted;
LIII — no one shall undergo legal proceeding or sentencing
save by the competent authority;
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LIV — no one shall be deprived of freedom or of his assets
without the due process of law;
LV — 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;
LVI — evidence obtained through illicit means are
unacceptable in the process;
LVII — no one shall be considered guilty before the issuing of
a final and unappealable penal sentence;
LVIII — no one who has undergone civil identification shall be
submitted to criminal identification, save in the cases
provided by law;
LIX — 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;
LX — the law may only restrict the publicity of procedural acts
when the defense of privacy or the social interest require it;
LXI — 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;
LXII — 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;
LXIII — 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;
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LXIV — the arrested person is entitled to identification of
those responsible for his arrest or for his police questioning;
LXV — illegal arrest shall be immediately remitted by the
judicial authority;
LXVI — no one shall be taken to prison or held therein, when
the law admits release on own recognizance, subject or not to
bail;
LXVII — 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;
LXVIII — “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;
LXIX — 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;
LXX — a collective writ of mandamus may be filed by:
a) a political party represented in the National Congress;
b) 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;
LXXI — 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;
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LXXII — “habeas data” shall be granted:
a) to ensure the knowledge of information related to the
person of the petitioner, contained in records or data
banks of government agencies or of agencies of a public
character;
b) for the correction of data, when the petitioner does
not prefer to do so through a confidential process,
either judicial or administrative;
LXXIII — 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;
LXXIV — the State shall provide full and free-of-charge legal
assistance to all who prove insufficiency of funds;
LXXV — 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;
LXXVI — for all who are acknowledgedly poor, the following is
free of charge, under the terms of the law:
a) civil birth certificate;
b) death certificate;
LXXVII — “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;
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Paragraph 1 — The provisions defining fundamental rights and
guarantees are immediately applicable.
Paragraph 2 — 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 welfare,
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:
I — employment protected against arbitrary dismissal or
against dismissal without cause, in accordance with a
supplementary law which shall establish severance-pay,
among other rights;
II — unemployment insurance, in the event of involuntary
unemployment;
III — severance-pay fund;
IV — 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;
V — a salary floor in proportion to the extent and complexity
of the work;
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VI — irreducibility of the wages, except when established in
collective agreements or covenants;
VII — guarantee of wages never below the minimum one, for
those receiving variable pay;
VIII — year-end one-salary bonus based on the full pay or on
the amount of the pension;
IX — payrate for night-shift work higher than that for daytime
work;
X — wage protection, as provided by law, with felonious
withholding of wages being a crime;
XI — participation in the profits or results, independent of
earnings, and, exceptionally, participation in the management
of the company, as defined by law;
XII — family allowance for their dependents;
XIII — normal working hours not exceeding eight hours per
day and forty-four hours per week, with the option of
compensating working hours and reducing the length of the
workday through an agreement or a collective bargaining
covenant;
XIV — a workday of six hours for work carried out in
continuous shifts, unless otherwise established by collective
bargaining;
XV — paid weekly leave, preferably on Sundays;
XVI — rate of pay for overtime at least fifty per cent higher
than that of normal work;
XVII — annual vacation with remuneration at least one third
higher than the normal salary;
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XVIII — maternity leave without loss of job and of salary, for a
period of one hundred and twenty days;
XIX — paternity leave, under the terms established by law;
XX — protection of the labour market for women through
specific incentives, as provided by law;
XXI — advance notice of dismissal in proportion to the length
of service, of at least thirty days, as provided by law;
XXII — reduction of job related risks by means of health,
hygiene and safety rules;
XXIII — additional remuneration for strenuous, unhealthy or
dangerous work, as established by law;
XXIV — retirement pension;
XXV — free assistance for children and dependents from birth
to six years of age, in day-care centres and pre-school
facilities;
XXVI — recognition of collective bargaining agreements and
conventions;
XXVII — protection in the face of automation, as established
by law;
XXVIII — 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;
XXIX — legal action with respect to credits arising from
employment relationships with a limitation of:
a) five years for urban workers, up to the limit of two
years after the end of the employment contract;
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b) up to two years after the end of the contract for rural
workers;
XXX — prohibition of any difference in wages, in the
performance of duties and in hiring criteria by reason of sex,
age, colour or marital status;
XXXI — prohibition of any discrimination with respect to
wages and hiring criteria of handicapped workers;
XXXII — prohibition of any distinction between manual,
technical and intellectual work or among the respective
professionals;
XXXIII — prohibition of night, dangerous or unhealthy work
for minors under eighteen years of age, and of any work for
minors under fourteen years of age, except as an apprentice;
XXXIV — equal rights for workers with a permanent
employment bond and 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:
I — 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;
II — 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;
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III — it falls to the union to defend the collective or individual
rights and interests of the category, including legal or
administrative disputes;
IV — 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;
V — no one shall be required to join or to remain a member of
a union;
VI — the collective labour bargainings must be held with the
participation of unions;
VII — retired members shall be entitled to vote and be voted
on in unions;
VIII — 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 the workers to decide on the advisability of exercising it and on
the interests to be defended thereby.
Paragraph 1 — The law shall define the essential services or
activities and shall provide with respect to the satisfaction of the
community’s undelayable needs.
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Paragraph 2 — The commitment of abuses shall subject those
responsible to the penalties of the law.
Article 10. The participation of workers and employers is ensured
in the collegiate bodies of government agencies in which their
professional or social security interests are subject of discussion
and resolution.
Article 11. It is ensured, in companies with more than 200
employees, the election of a representative of the employees for the
exclusive purpose of furthering direct negotiations with the
employers.
Chapter III
Nationality
Article 12. The following are Brazilians:
I — by birth:
a) those born in the Federative Republic of Brazil, even if
of foreign parents, provided that they are not at the
service of their country;
b) 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;
c) those born abroad, of a Brazilian father or a Brazilian
mother, provided that they are registered with a
competent Brazilian authority, or come to reside in
Brazil before reaching majority and, having reached
majority, opt for the Brazilian nationality at any time;
II — naturalized:
a) those who, as set forth by law, acquire Brazilian
nationality, it being the only requirement for persons
originating from Portuguese-speaking countries the
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residence for one uninterrupted year and good moral
repute;
b) foreigners of any nationality, resident in the
Federative Republic of Brazil for over thirty
uninterrupted years and without criminal conviction,
provided that they apply for the Brazilian nationality.
Paragraph 1 — The rights inherent to born 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:
I — those of President and Vice-President of the Republic;
II — that of President of the Chamber of Deputies;
III — that of President of the Federal Senate;
IV — that of Justice of the Supreme Federal Court;
V — those of the diplomatic career;
VI — that of officer of the Armed Forces.
Paragraph 4 — Loss of nationality shall be declared for a Brazilian
who:
I — has his naturalization cancelled by court decision on
account of an activity harmful to the national interests;
II — acquires another nationality by voluntary naturalization.
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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:
I — plebiscite;
II — referendum;
III — people’s initiative.
Paragraph 1 — Electoral enrollment and voting are:
I — mandatory for persons over eighteen years of age;
II — optional for:
a) the illiterate;
b) those over seventy years of age;
c) 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.
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Paragraph 3 — The conditions for eligibility, according to the law,
are:
I — the Brazilian nationality;
II — the full exercise of the political rights;
III — the electoral enrollment;
IV — the electoral domicile in the electoral district;
V — the membership in a political party;
VI — the minimum age of:
a) thirty-five years for President and Vice-President of the
Republic and Senator;
b) thirty years for Governor and Vice-Governor of a state
and of the Federal District;
c) twenty-one years for Federal Deputy, State or District
Deputy, Mayor, Vice-Mayor and Justice of Peace;
d) 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 the six months preceding the election, are
not eligible to the same offices in the 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.
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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:
I — if he has less than ten years of service, he shall have to
take leave from military activities;
II — 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 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 official 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:
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I — cancellation of naturalization by a final and unappealable
judgement;
II — absolute civil incapacity;
III — final and unappealable criminal sentence, for as long as
its effects last;
IV — refusal to comply with an obligation imposed upon
everyone or to render an alternative service, according to
article 5, VIII;
V — administrative dishonesty, according to article 37,
paragraph 4.
Article 16. The law altering the electoral procedure shall come into
force only one year after it is promulgated.
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:
I — national character;
II — prohibition from receiving financial assistance from a
foreign entity or government or from subordination to same;
III — rendering of accounts to the Electoral Courts;
IV — operation in the National Congress in accordance with
the law.
Paragraph 1 — Political parties are ensured of autonomy to define
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their internal structure, organization and operation, and their bylaws
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 preserve the continuity and
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the historic-cultural unity of the urban environment, shall be carried
out by a state law, with due regard for the requisites set forth in a
state supplementary law and shall depend on prior consultation, by
means of a plebiscite, of the population directly concerned.
Article 19. The Union, the states, the Federal District and the
municipalities are forbidden to:
I — 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;
II — refuse to honour public documents;
III — create distinctions between Brazilians or preferences
favouring some.
Chapter II
The Union
Article 20. The following are property of the Union:
I — the property which presently belongs to it as well as that
which may be attributed to it;
II — 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;
III — 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 from there proceed, as well as bank lands and
river beaches;
26
IV — 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;
V — the natural resources of the continental shelf and of the
exclusive economic zone;
VI — the territorial sea;
VII — tide lands and those added to them;
VIII — the hydraulic energy potentials;
IX — the mineral resources, including those of the subsoil;
X — the natural underground cavities and the archaeologic
and prehistoric sites;
XI — those lands traditionally occupied by the Indians.
Paragraph 1 — In accordance with the law, the participation in the
results of the exploitation of oil 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, or financial compensation for the
exploitation thereof, is assured to the states, the Federal District
and the municipalities, as well as to agencies of the direct
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, is 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:
I — maintain relations with foreign, states and participate in
international organizations;
27
II — declare war and make peace;
III — ensure national defense;
IV — allow foreign forces, in the cases provided for in a
supplementary law, to pass through the national territory or
to remain therein temporarily;
V — declare a state of siege, a state of defense and federal
intervention;
VI — authorize and control production and trade in war
materiel;
VII — issue currency;
VIII — 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;
IX — prepare and carry out national and regional plans for the
ordaining of the territory and for economic and social
development;
X — maintain the postal service and the national air mail;
XI — operate, directly or through concession to companies
with the majority of voting shares under state control, the
telephone, telegraph and data transmission services as well as
other public telecommunications services, provided that
information services may be rendered by private legal entities
through the public telecommunications network operated by
the Union;
XII — operate, directly or through authorization, concession or
permission:
28
a) the services of sound broadcasting and of sound and
image broadcasting as well as other telecommunications
services;
b) the electric power services and facilities and the
energetic exploitation of watercourses, jointly with the
states wherein those hydroenergetic potentials are
located;
c) air and aerospace navigation and airport infrastructure;
d) railway and waterway services between seaports and
national borders or which cross the boundary of a state
or territory;
e) interstate and international highway passenger
transportation services;
f) sea, river and lake ports;
XIII — organize and maintain the Judicial Power, the Public
Prosecution and the Public Legal Defense of the Federal
District and territories;
XIV — 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;
XV — organize and maintain the official services of statistics,
geography, geology and cartography of national scope;
XVI — classify, for indicative purposes, public entertainment
and radio and television programs;
XVII — grant amnesty;
29
XVIII — plan and promote permanent defense against public
disasters, especially droughts and floods;
XIX — establish a national system for the management of
hydric resources and define criteria for the concession of the
right to their use;
XX — establish directives for urban development, including
housing, basic sanitation and urban transportation;
XXI — establish principles and directives for the national
transportation system;
XXII — perform the services of maritime, air, and border
police;
XXIII — operate nuclear energy services and facilities and
exercise state monopoly over research, mining, enrichment
and reprocessing, industrialization and trade in nuclear ore,
and their by-products, taking into account the following
principles and conditions:
a) all nuclear activity within the national territory shall
only be admitted for peaceful purposes and subject to
approval by the National Congress;
b) under a concession or permission, authorization is
given for the use of radioisotopes in research and for
medical, agricultural and industrial use as well as for
other analogous activities;
c) civil liability for nuclear damages does not depend on
the existence of fault;
XXIV — organize, maintain and carry out inspection of
working conditions;
XXV — establish the areas and conditions for the exercise of
placer mining activities in associative form.
30
Article 22. The Union has the exclusive power to legislate on:
I — civil, commercial, criminal, procedural, electoral, agrarian,
maritime, aeronautical, space and labour law;
II — expropriation;
III — civil and military requisitioning, in case of imminent
danger or in times of war;
IV — waters, energy, informatics, telecommunications and
radio broadcasting;
V — postal service;
VI — monetary and measures systems, metal certificates and
guarantees;
VII — policies for credit, foreign exchange, insurance and
transfer of values;
VIII — foreign and interstate trade;
IX — guidelines for the national transportation policy;
X — regime of the ports and lake, river, ocean, air and
aerospace navigation;
XI — traffic and transportation;
XII — beds of ore, mines, other mineral resources and
metallurgy;
XIII — nationality, citizenship and naturalization;
XIV — Indian populations;
31
XV — emigration, immigration, entry, extradition and
expulsion of foreigners;
XVI — organization of the national employment system and
conditions for the practice of professions;
XVII — judicial organization, of the Public Prosecution and of
the Public Legal Defense of the Federal District and the
territories, as well as their administrative organization;
XVIII — national statistical, cartographic and geological
systems;
XIX — systems of savings, as well as of obtaining and
guaranteeing popular savings;
XX — consortium and lottery systems;
XXI — general organization rules, troops, materiel,
guarantees, drafting and mobilization of the military police
and military fire brigades;
XXII — jurisdiction of the federal police and of the federal
highway and military polices;
XXIII — social security;
XXIV — directives and bases of the national education;
XXV — public registers;
XXVI — nuclear activities of any nature;
XXVII — general rules for all types of bidding and contracting,
for the public direct and indirect administration, including
foundations instituted and maintained by the Government, in
its various spheres, and companies under government control;
32
XXVIII — territorial defense, aerospace defense, maritime
defense, civil defense, and national mobilization;
XXIX — 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:
I — to ensure that the Constitution, the laws and the
democratic institutions are respected and that public property
is preserved;
II — to provide for health and public assistance, for the
protection and safeguard of handicapped persons;
III — to protect the documents, works and other assets of
historical, artistic or cultural value, the monuments, the
remarkable landscapes and the archaeological sites;
IV — 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;
V — to provide the means of access to culture, education and
science;
VI — to protect the environment and to fight pollution in any
of its forms;
VII — to preserve the forests, fauna and flora;
VIII — to promote agriculture and cattle breeding and
organize the supply of foodstuff;
33
IX — to promote housing construction programs and the
improvement of housing and basic sanitation conditions;
X — to fight the causes of poverty and the factors leading to
substandard living conditions, promoting the social
integration of the unpriviledged sectors of the population;
XI — to register, monitor and control the concessions of rights
to research and exploit hydric and mineral resources within
their territories;
XII — to 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:
I — tax, financial, penitentiary, economic and urbanistic law;
II — budget;
III — trade boards;
IV — costs of forensic services;
V — production and consumption;
VI — forests, hunting, fishing, fauna, preservation of nature,
defense of the soil and natural resources, protection of the
environment and control of pollution;
VII — protection of the historic, cultural and artistic heritage,
as well as of assets of touristic interest and landscapes of
outstanding beauty;
34
VIII — 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;
IX — education, culture, teaching and sports;
X — establishment, operation and procedures of small claims
courts;
XI — judicial procedures;
XII — social security, protection and defense of health;
XIII — legal assistance and public defense;
XIV — protection and social integration of handicapped
persons;
XV — protection of childhood and youth;
XVI — organization, guarantees, rights and duties of the civil
polices.
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.
35
Chapter III
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 a concession to a state-owned company, with
exclusive rights of distribution, the local services of piped-in gas.
Paragraph 3 — The states may, by means of a supplementary law,
establish metropolitan regions, urban agglomerations and
microregions, 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:
I — 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;
II — 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;
III — the river and lake islands which do not belong to the
Union;
IV — 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
36
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 in articles 150, II, 153, III, and
153, paragraph 2, I.
Paragraph 3 — The Legislative Assemblies shall have the power to
provide upon their internal regulations, police and the
administrative services of their Secretary and to fill in the respective
offices.
Paragraph 4 — The law shall provide for the people’s initiative in
the state legislative process.
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 ninety days
before the end of the term of office of their predecessors and they
shall take office on January 1 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
37
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:
I — 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;
II — election of the Mayor and Vice-Mayor at least ninety days
before 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 dispositions set forth in
article 77;
III — investiture of the Mayor and Vice-Mayor on January 1 of
the year subsequent to the year of the election;
IV — number of councilmen in proportion to the population of
the municipalities, in accordance with the following limits:
a) a minimum of nine and a maximum of twenty-one in
municipalities with up to one million inhabitants;
b) a minimum of thirty-three and a maximum of fortyone
in municipalities with over one million and under
five million inhabitants;
c) a minimum of forty-two and a maximum of fifty-five in
municipalities with over five million inhabitants;
V — 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;
38
VI — inviolability of the Councilmen on account of their
opinions, words and votes while in office and within the
jurisdiction of the municipality;
VII — prohibitions and incompatibilities, while in the exercise
of the office of City Councilman, similar to, insofar as
pertinent, 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;
VIII — trial of the Mayor before the Court of Justice;
IX — organization of the legislative and supervisory functions
of the Municipal Chamber;
X — cooperation of the representative associations in
municipal planning;
XI — 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;
XII — loss of the office of mayor, as provided in article 28,
sole paragraph.
Article 30. The municipalities have the power to:
I — legislate upon matters of local interest;
II — supplement federal and state legislations where
pertinent;
III — 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 by law;
39
IV — create, organize and suppress districts, with due regard
for the state legislation;
V — organize and render, directly or by concession or
permission, the public services of local interest, including
mass-transportation, which is of essential nature;
VI — maintain, with the technical and financial cooperation of
the Union and the state, programs of pre-school and
elementary school education;
VII — provide, with the technical and financial cooperation of
the Union and the state, health services to the population;
VIII — promote, wherever pertinent, adequate territorial
ordaining, by means of planning and control of use,
apportionment and occupation of the urban soil;
IX — 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 1 — 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
40
consideration, of any tax-payer, 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 1 — 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 duration.
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 II
The Territories
Article 33. The law shall provide for the administrative and judicial
organization of the territories.
41
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 Accounts of 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:
I — to maintain national integrity;
II — to repel foreign invasion or that of one unit of the
Federation into another;
III — to put an end to serious jeopardy to public order;
IV — to guarantee the free exercise of any of the powers of
the units of the Federation;
V — to reorganize the finances of a unit of the Federation
that:
a) stops the payment of its funded debt for more than
two consecutive years, except for reasons of force
majeure;
42
b) fails to deliver to the municipalities the tax revenues
established in this Constitution, within the periods of
time set forth by law;
VI — to provide for the enforcement of federal law, judicial
order or decision;
VII — to ensure compliance with the following constitutional
principles:
a) republican form, representative system and
democratic regime;
b) rights of the human person;
c) municipal autonomy;
d) rendering of accounts of the direct and indirect public
administration.
Article 35. The state shall not intervene in its municipalities,
neither the Union in the municipalities located in a federal territory,
except when:
I — the funded debt is not paid for two consecutive years,
without reasons of force majeure;
II — the due accounts are not rendered, in the manner
prescribed by law;
III — the minimum required amount of the municipal revenues
has not been applied in the maintenance and development of
education;
IV — 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.
43
Article 36. The issuance of a decree of intervention shall depend:
I — 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;
II — in case of disobedience to judicial order or decision, on a
requisition from the Supreme Federal Court, the Superior
Court of Justice or the Superior Electoral Court;
III — 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;
IV — 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.
44
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:
I — public offices, positions and functions are accessible to all
Brazilians who meet the requirements established by law;
II — 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;
III — the period of validity of a public entrance examination
shall be up to two years, extendable once for a like period of
time;
IV — 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
new approved applicants, to take an office or position in the
career;
V — 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;
VI — the right to free union association is guaranteed to civil
servants;
45
VII — the right to strike shall be exercised in the manner and
within the limits defined by a supplementary law;
VIII — the law shall reserve a percentage of public offices and
positions for handicapped persons and shall define the
criteria for their admittance;
IX — the law shall establish the cases of hiring for a limited
period of time to meet a temporary need of exceptional public
interest;
X — 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;
XI — 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;
XII — the salaries for positions of the Legislative and Judicial
Powers may not be higher than those paid by the Executive
Power;
XIII — 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;
XIV — the pecuniary raises received by a government
employee shall not be computed or accumulated for purposes
46
of granting subsequent raises, for the same reason or on an
identical basis;
XV — the salaries of civil and military government employees
may not be reduced and the remuneration shall comply with
the provisions of article 37, XI, XII, 150, II, 153, III, and 153,
paragraph 2, I;
XVI — remunerated accumulation of public offices, is
forbidden, except when there is compatibility of working
hours:
a) of two teaching positions;
b) of one teaching position with another technical or
scientific position;
c) of two exclusively medical positions;
XVII — 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;
XVIII — the financial administration and its fiscal servants
shall, within their spheres of authority and jurisdiction, have
the right to precedence over the other administrative sectors,
as the law provides;
XIX — 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;
XX — 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;
47
XXI — with the exception of the cases specified in the
legislation, 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.
48
Article 38. The following provisions are applicable to civil servants
holding an elective office:
I — in the case of a federal, state or district elective office, he
shall leave his office, position or function;
II — 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;
III — 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;
IV — 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;
V — 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.
49
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:
I — 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;
II — compulsorily, at seventy years of age, with a pension
proportional to the period of service;
III — voluntarily:
a) upon thirty-five years of service, if a man, and upon
thirty years, if a woman, with full pay;
b) upon thirty years of effective exercise in teaching
positions, if a man, and upon twenty-five years, if a
woman, with full pay;
c) upon thirty years of service, if a man, and upon
twenty-five years, if a woman, with pay in proportion to
this period;
d) at sixty-five years of age, if a man, and at sixty, if a
woman, with pay 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.
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Paragraph 3 — The period of federal, state or municipal public
service shall be calculated in full for purposes of retirement and
placement on paid availability.
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.
Article 41. Servants employed by virtue of public entrance
examinations acquire tenure after two years of actual service.
Paragraph 1 — 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
Military Public Servants
Article 42. Members of the Armed Forces are federal military
servants and members of the military police and military fire
brigades of the states, territories and the Federal District are
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military servants of the respective state, territory or of the Federal
District.
Paragraph 1 — The ranks, with the prerogatives, rights and duties
inherent to them are guaranteed in full to officers in active service,
those of the reserve or in retirement of the Armed Forces, of the
military police and of the military fire brigades of the states,
territories and Federal District and they have exclusive rights to
military titles, posts and uniforms.
Paragraph 2 — The ranks of the officers of the Armed Forces are
awarded by the President of the Republic and those of the officers
of the military polices and military fire brigades of the states,
territories and of the Federal District are awarded by the respective
Governors.
Paragraph 3 — A member of the Armed Forces in active service who
accepts a permanent civil public office shall be transferred to the
reserve.
Paragraph 4 — A member of the Armed Forces in active service who
accepts a temporary non-elective public office, position or function,
even if in the indirect administration, shall be put on leave and, as
long as he remains in this situation he may only be promoted by
seniority and his period of service shall be counted only for that
promotion and for transfer to the reserve, and after two years,
whether continuous or not, away from active service, he shall be
retired.
Paragraph 5 — Servicemen are forbidden to join unions and to
strike.
Paragraph 6 — While in actual service, servicemen are forbidden to
belong to political parties.
Paragraph 7 — The officer of the Armed Forces shall only lose his
post and rank if he is judged unworthy of or incompatible with the
dignity of officership by decision of a permanent military court, in
times of peace, or of a special court, in times of war.
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Paragraph 8 — The officer sentenced in a common or military court
through an unappealable judgement to imprisonment for more than
two years shall be submitted to trial as provided in the preceding
paragraph.
Paragraph 9 — The law shall provide for the age limits, tenure and
other conditions of transference of the military servant into
retirement.
Paragraph 10 — The provisions in article 40, paragraphs 4 and 5,
apply to the servicemen referred to in this article and to their
pensioners.
Paragraph 11 — The provisions of article 7, VIII, XII, XVII, XVIII and
XIX apply to the servicemen referred to in this article.
Section IV
The Regions
Article 43. For administrative purposes, the Union may coordinate
its action in one same social and geoeconomic complex, seeking to
attain its development and to reduce regional inequalities.
Paragraph 1 — A supplementary law shall provide for:
I — the conditions for the integration of developing regions;
II — 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:
I — equality of tariffs, freight rates, insurance and other cost
and price items which are within the responsibility of the
Government;
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II — favoured interest rates for the financing of priority
activities;
III — exemptions, reductions or temporary deferment of
federal taxes owed by individuals or by legal entities;
IV — 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 the 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
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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 are 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:
I — system of taxation, collection of taxes and income
distribution;
II — pluriannual plan, budgetary directives, annual budget,
credit transactions, public debt and issuance of currency;
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III — establishment and modification of Armed Forces troops;
IV — national, regional and sectorial plans and programmes of
development;
V — boundaries of the national territory, air and maritime
space and property of the Union;
VI — incorporation, subdivision or dismemberment of areas of
territories or states, after consulting the respective Legislative
Assembly;
VII — temporary transference of the seat of the Federal
Government;
VIII — granting of amnesty;
IX — administrative and judicial organization, organization of
the Public Prosecution and the Public Legal Defense of the
Union and of the territories, and judicial organization,
organization of the Public Prosecution and the Public Legal
Defense of the Federal District;
X — establishment, transformation and extinction of public
offices, positions and functions;
XI — establishment, organization and duties of the Ministries
and public administration agencies;
XII — telecommunications and radio broadcasting;
XIII — financial, foreign exchange and monetary matters,
financial institutions and their operations;
XIV — currency, currency issuance limits, and amount of
federal indebtedness.
Article 49. It is exclusively the competence of the National
Congress:
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I — to decide conclusively on international treaties,
agreements or acts which result in charges or commitments
that go against the national property;
II — 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;
III — to authorize the President and the Vice-President of the
Republic to leave the country, when such absence exceeds
fifteen days;
IV — to approve a state of defense and federal intervention,
authorize a state of siege or suspend any of these measures;
V — to stop the normative acts of the Executive Power which
exceed their regimental authority or the limits of legislative
delegation;
VI — to transfer its seat temporarily;
VII — 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;
VIII — 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;
IX — to examine each year the accounts rendered by the
President of the Republic and to consider the reports on the
execution of Government plans;
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X — to supervise and control directly or through either or its
Houses, the acts of the Executive Power, including those of
the indirect administration;
XI — to ensure the preservation of legislative competence in
the face of the normative incumbency of the other Powers;
XII — to consider the acts of concession and renewal of
concession of radio and television stations;
XIII — to choose two-thirds of the members of the Court of
Accounts of the Union;
XIV — to approve initiatives of the Executive Power referring
to nuclear activities;
XV — to authorize a referendum and to call a plebiscite;
XVI — to authorize, in Indian lands, the exploitation and use
of hydric resources and the prospecting and mining of mineral
resources;
XVII — 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 or the Federal Senate, as well
as any of their committees may summon a Minister of State to
personally render information on a previously determined matter,
and this absence without adequate justification shall constitute
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 Board of the Chamber of Deputies and
of the Federal Senate may forward to the Ministers of State written
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requests for information, and refusal or non-compliance, within a
period of thirty days, as well as the rendering of false information,
shall constitute crime of malversation.
Section III
The Chamber of Deputies
Article 51. It is exclusively the competence of the Chamber of
Deputies:
I — 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;
II — 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
term;
III — to draw up its internal regulations;
IV — 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;
V — to elect the members of the Council of the Republic, in
the manner prescribed by article 89, VII.
Section IV
The Federal Senate
Article 52. It is exclusively the competence of the Federal Senate:
I — 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;
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II — 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;
III — to give prior consent, by secret voting, after public
hearing, on the selection of:
a) judges, in the cases established in this Constitution;
b) Justices of the Court of Accounts of the Union
appointed by the President of the Republic;
c) Governor of a territory;
d) president and directors of the Central Bank;
e) Attorney-General of the Republic;
f) holders of other offices, as the law may determine;
IV — to give prior approval, by secret voting, after closed
hearing, on the selection of heads of permanent diplomatic
missions;
V — to authorize foreign transactions of a financial nature, of
the interest of the Union, the states, the Federal District, the
territories and the municipalities;
VI — 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;
VII — 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
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Government entities and other entities controlled by the
Federal Government;
VIII — to provide for limits and conditions for the concession
of a guarantee by the Union in foreign and domestic credit
transactions;
IX — to establish total limits and conditions for the entire
amount of the debt of the states, the Federal District and the
municipalities;
X — to stop the application, in full or in part, of a law declared
unconstitutional by final decision of the Supreme Federal
Court;
XI — 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;
XII — to draw up its internal regulations;
XIII — 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;
XIV — 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
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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 unbailable 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 unbailable
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 be obliged 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 the 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.
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Article 54. Deputies and Senators may not:
I — after the issuance of their certificate of electoral victory:
a) 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;
b) 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;
II — after taking office:
a) 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;
b) hold an office or function from which they may be
dismissed “ad nutum”, in the entities mentioned in item
I, “a”;
c) act as lawyer in a cause in which any of the entities
referred to in item I, “a”, has an interest;
d) be the holders of more than one public elective
position or office.
Article 55. A Deputy or Senator shall lose his office:
I — if he violates any of the prohibitions established in the
preceding article;
II — if his conduct is declared incompatible with parliamentary
decorum;
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III — if he fails to appear, in each legislative term, 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;
IV — if his political rights have been lost or suspended;
V — whenever decreed by the Electoral Courts, in the cases
established in this Constitution;
VI — 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.
Article 56. A Deputy or Senator shall not lose his office:
I — 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;
II — if on leave of absence from the respective House, by
virtue of illness or, without remuneration, to attend to private
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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:
I — inaugurate the legislative session;
II — draw up the common regulations and regulate the
creation of services common to both Houses;
III — take the oath of the President and of the Vice-President
of the Republic;
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IV — 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:
I — 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;
II — 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 relevant 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
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and with the incumbencies set forth in the respective regulations or
in the act from which their creation resulted.
Paragraph 1 — In the forming 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:
I — 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 appeal from onetenth
of the members of the respective House;
II — to hold public audiences with entities of civil society;
III — to summon Ministers of State to render information on
matters inherent to their duties;
IV — to receive petitions, claims, statements or complaints
from any person against acts or omissions of Government
authorities or entities;
V — to request the testimony of any authority or citizen;
VI — 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
67
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 term, 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 Provisions
Article 59. The legislative process comprises the drawing up of:
I — amendments to the Constitution;
II — supplementary laws;
III — ordinary laws;
IV — delegated laws;
V — provisional measures;
VI — legislative decrees;
VII — resolutions.
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:
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I — at least one-third of the members of the Chamber of
Deputies or of the Federal Senate;
II — the President of the Republic;
III — more than one half of the Legislative Assemblies of the
units of the Federation, each of them expressing itself by the
relative majority of its members.
Paragraph 1 — The Constitution shall not be amended while federal
intervention, a state of defence 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 its respective sequence number.
Paragraph 4 — No proposal of amendment shall be considered
which is aimed at abolishing:
I — the federative form of State;
II — the direct, secret, universal and periodic vote;
III — the separation of the Government Powers;
IV — 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 term.
Subsection III
The Laws
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Article 61. The initiative of supplementary and ordinary laws is of
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 citizens, in
manner and in the cases provided for in this Constitution.
Paragraph 1 — The President of the Republic shall have exclusive
power to introduce laws that:
I — determine or modify the Armed Forces troops;
II — provide for:
a) creation of public offices, functions or positions in the
direct administration and in autonomous Government
agencies or increase in their salaries;
b) administrative and judicial organization, tax and
budgetary matters, public services and administrative
personnel of the territories;
c) government employees of the Union and territories,
their legal statute, appointment to offices, tenure and
retirement of civil servants, retirement and transfer of
military servicemen to inactivity;
d) 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;
e) creation, structuring and duties of the Ministries and
public administration agencies.
Paragraph 2 — Initiative of the people may be exercised by means
of the presentation to the Chamber of Deputies of a bill of law
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subscribed by at least one percent of the national electorate,
distributed throughout at least five states, with not less than threetenths
of one percent of the voters in each of them.
Article 62. In relevant 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 the foreseen expenditure shall not be
admitted:
I — in bills of the exclusive initiative of the President of the
Republic, except for the provisions of article 166, paragraphs
3 and 4;
II — in bills concerning the 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
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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
Chamber where it was proposed.
Article 66. The Chamber 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 is 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, 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
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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 next 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 subject of a new bill during the same legislative term, 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:
I — the organization of the Judicial Power and of the Public
Prosecution, the career and guarantees of their members;
II — nationality, citizenship, individual, political and electoral
rights;
III — pluriannual plans, budgetary directives and budgets.
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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 the 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:
I — 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;
II — evaluate the accounts of the administrators and other
persons responsible for public monies, assets and values of
the direct and indirect administration, including foundations
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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;
III — 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;
IV — 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;
V — 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;
VI — 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;
VII — 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;
VIII — in case of illegal expenses or irregular accounts, apply
to the responsible parties the sanctions provided by law,
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which shall establish, among other comminations, a fine
proportional to the damages caused to the public treasury;
IX — 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;
X — stop the execution of the impugned act, in case it is not
heeded, notifying the Chamber of Deputies and the Federal
Senate of this decision;
XI — present a formal charge to the competent Power on any
irregularities or abuses verified.
Paragraph 1 — In the case of a contract, the stopping 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.
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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:
I — more than thirty-five and less than sixty-five years of age;
II — moral integrity and spotless reputation;
III — notable knowledge of the law, accounting, economics
and finances or of public administration;
IV — 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:
I — 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;
II — 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
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of Justice and may only go into retirement 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 integrated system of internal control for the purpose
of:
I — evaluating the attainment of the goals established in the
pluriannual plan, the implementation of government
programmes and of the budgets of the Union;
II — 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;
III — exercising control over credit transactions, collateral
signatures and guarantees, as well as over the rights and
assets of the Union;
IV — supporting external control in the exercise of its
institutional mission.
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 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
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Courts of Accounts of the states, 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, ninety days before the end
of the current presidential term of office.
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 as 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 best voted candidates, 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 greatest number of votes among the
remaining candidates shall be called.
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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 be qualified.
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 taking of office, 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
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 by law.
Paragraph 2 — In any of the cases, those elected shall complete the
term of office of their predecessors.
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Article 82. The term of office of the President of the Republic is of
five years, the re-election for the subsequent term being forbidden,
and the term of office shall commence on January 1 of the year
following the year of his election.
Article 83. The President and the Vice-President of the Republic
may not, without authorization from the National Congress, leave
the country for a period of more than fifteen days, subject to loss of
office.
Section II
Duties of the President of the Republic
Article 84. The President of the Republic shall have the exclusive
power to:
I — appoint and dismiss the Ministers of State;
II — exercise, with the assistance of the Ministers of State, the
higher management of the federal administration;
III — start the legislative procedure, in the manner and in the
cases set forth in this Constitution;
IV — sanction, promulgate and order the publication of laws,
as well as to issue decrees and regulations for the true
enforcement thereof;
V — veto bills, wholly or in part;
VI — provide for the organization and operation of the federal
administration, as established by law;
VII — maintain relations with foreign States and to accredit
their diplomatic representatives;
VIII — conclude international treaties, conventions and acts,
“ad referendum” of the Nacional Congress;
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IX — decree the state of defense and the state of siege;
X — decree and enforce federal intervention;
XI — upon the opening of the legislative term, send a
government message and plan to the National Congress,
describing the state of the nation and requesting the action he
deems necessary;
XII — grant pardons and reduce sentences, after hearing the
entities instituted by law, if necessary;
XIII — exercise the supreme command of the Armed Forces, to
promote generals and to appoint them to the offices held
exclusively by them;
XIV — appoint, after approval by the Senate, the Justices of
the Supreme Federal Court and those of the superior courts,
the Governors of the territories, the Attorney-General of the
Republic, the President and the Directors of the Central Bank
and other civil servants, when established by law;
XV — appoint, with due regard for the provisions of article 73,
the Justices of the Federal Court of Accounts;
XVI — appoint judges in the events established by this
Constitution and the Advocate-General of the Union;
XVII — appoint members of the Council of the Republic, in
accordance with article 89, VII;
XVIII — call and preside over the Council of the Republic and
the National Defense Council;
XIX — declare war, in the event of foreign aggression,
authorized by the National Congress or confirmed by it,
whenever it occurs between legislative terms and, under the
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same conditions, to decree full or partial national
mobilization;
XX — make peace, authorized or confirmed by the National
Congress;
XXI — award decorations and honorary distinctions;
XXII — permit, in the cases set forth by supplementary law,
foreign forces to pass through the national territory, or to
remain temporarily therein;
XXIII — submit to the National Congress the pluriannual plan,
the bill of budgetary directives and the budget proposals set
forth in this Constitution;
XXIV — render, each year, accounts to the National Congress
concerning the previous fiscal year, within sixty days of the
opening of the legislative term;
XXV — fill and abolish federal government positions, as set
forth by law;
XXVI — issue provisional measures, with power of law,
according to article 62;
XXVII — perform other duties set forth in this Constitution.
Sole paragraph — The President of the Republic may delegate the
duties mentioned in items VI, XII and XXV, first part, to the Ministers
of State, to the Attorney-General of the Republic or to the Advocate-
General of the Union, who shall observe the limitations established
in the respective delegations.
Section III
Liability of the President of the Republic
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Article 85. Those acts of the President of the Republic which
attempt on the Federal Constitution and especially on the following,
are criminal malversation:
I — the existence of the Union;
II — the free exercise of the Legislative Power, the Judicial
Power, the Public Prosecution and the constitutional Powers of
the units of the Federation;
III — the exercise of political, individual and social rights;
IV — the internal security of the country;
V — probity in the administration;
VI — the budgetary law;
VII — compliance with the laws and with court decisions.
Sole paragraph — These crimes shall be defined in a special law,
which shall establish the rules of procedure and trial.
Article 86. If charges against the President of the Republic are
taken by two-thirds of the Chamber of Deputies, he shall be
submitted to trial before the Supreme Federal Court for common
criminal offenses or before the Federal Senate for criminal
malversation.
Paragraph 1 — The President shall be suspended from his
functions:
I — in common criminal offenses, if the accusation or the
complaint is received by the Federal Supreme Court;
II — in the event of criminal malversation, after the
proceeding is instituted by the Federal Senate.
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Paragraph 2 — If, after a period of one hundred and eighty days,
the trial has not been concluded, the suspension of the President
shall cease without prejudice to the normal progress of the
proceeding.
Paragraph 3 — In the event of common offenses, the President of
the Republic shall not be subject to arrest as long as no sentence is
rendered.
Paragraph 4 — During his term of office, the President of the
Republic may not be held liable to acts outside the performance of
his functions.
Section IV
The Ministers of State
Article 87. The Ministers of State shall be chosen from among
Brazilians over twenty-one years of age and in possession of their
political rights.
Sole paragraph — The Minister of State, in addition to other duties
established in this Constitution and in the law, has the power to:
I — exercise guidance, coordination and supervision of the
agencies and entities of the federal administration in the area
of his authority and to countersign acts and decrees signed by
the President of the Republic;
II — issue instructions for the enforcement of laws, decrees
and regulations;
III — submit to the President of the Republic an annual report
on his administration of the Ministry;
IV — perform the acts pertinent to the duties assigned or
delegated to him by the President of the Republic.
Article 88. The law shall provide for the creation, structuring and
duties of the Ministries.
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Section V
The Council of the Republic and the National Defense Council
Subsection I
The Council of the Republic
Article 89. The Council of the Republic is a higher body for
consultation by the President of the Republic, and its members are:
I — the Vice-President of the Republic;
II — the President of the Chamber of Deputies;
III — the President of the Federal Senate;
IV — the majority and the minority leaders in the Chamber of
Deputies;
V — the majority and the minority leaders in the Federal
Senate;
VI — the Minister of Justice;
VII — six born Brazilian citizens, with over thirty-five years of
age, two of which appointed by the President of the Republic,
two elected by the Federal Senate and two elected by the
Chamber of Deputies, all with a term of office of three years,
the re-appointment being prohibited.
Article 90. The Council of the Republic has the competence to
express opinion on:
I — federal intervention, state of defense and state of siege;
II — the matters relevant to the stability of the democratic
institutions.
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Paragraph 1 — The President of the Republic may call a State
Minister to participate in the Council meeting, when the agenda
includes a matter related to the respective Ministry.
Paragraph 2 — The organization and operation of the Council of the
Republic shall be regulated by law.
Subsection II
The National Defense Council
Article 91. The National Defense Council is a consultation body of
the President of the Republic on matters related to national
sovereignty and the defense of the democratic state, and the
following participate in it as natural members:
I — the Vice-President of the Republic;
II — the President of the Chamber of Deputies;
III — the President of the Federal Senate;
IV — the Minister of Justice;
V — the military Ministers;
VI — the Minister of External Relations;
VII — the Minister of Planning.
Paragraph 1 — It is the competence of the National Defense
Council:
I — to express opinion in the event of declaration of war and
making of peace, as established in this Constitution;
II — to express opinion on the decreeing of state of defense,
state of siege and federal intervention;
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III — to propose the criteria and conditions for the use of
areas which are indispensable to the security of the national
territory and to express opinion on their actual use, especially
on the boundary zone and on those related to the
preservation and exploitation of natural resources of any kind;
IV — to study, propose and monitor the development of
initiatives required to guarantee national independence and
the defense of the democratic state.
Paragraph 2 — The organization and the operation of the National
Defense Council shall be regulated by law.
Chapter III
The Judicial Power
Section I
General Provisions
Article 92. The following are the bodies of the Judicial Power:
I — the Supreme Federal Court;
II — the Superior Court of Justice;
III — the Federal Regional Courts and the Federal Judges;
IV — the Labour Courts and Judges;
V — the Electoral Courts and Judges;
VI — the Military Courts and Judges;
VII — the Courts and Judges of the states, of the Federal
District and of the territories.
Sole paragraph — The Supreme Federal Court and the Superior
Courts have their seat in the Federal Capital and their jurisdiction
over the entire Brazilian territory.
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Article 93. A supplementary law, proposed by the Supreme Federal
Court, shall provide for the Statute of the Judicature, observing the
following principles:
I — admission into the career, with the initial post of
substitute judge, by means of a civil service entrance
examination of tests and presentation of academic and
professional credentials, with the participation of the Brazilian
Bar Association in all phases, obeying the order of
classification for nominations;
II — promotion from level to level, for seniority and merit,
alternately, observing the following rules:
a) the promotion of a judge who has appeared in a merit
list for three consecutive times or for five alternate times
is mandatory;
b) merit promotion requires two years in office in the
respective level and that the judge should appear in the
top fifth part of the seniority list of such level, unless no
one satisfying such requirements is willing to accept the
vacant post;
c) appraisal of merit according to the criteria of
promptness and reliability in the exercise of the
jurisdictional function and to attendance and
achievement in recognized improvement courses;
d) in determining seniority, the court may only reject the
judge with the longest service by the vote of two-thirds
of its members, according to a specific procedure, the
voting being repeated until the selection is determined;
III — access to the courts of second instance shall obey
seniority and merit, alternately, as determined at the last
level, or if existing, at the Court of Appeals, in the case of
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promotion to the Court of Justice, in accordance with item II
and the candidate’s class of origin;
IV — provision of official courses for preparation and
improvement of judges as requisites for admission and
promotion in their careers;
V — the remuneration of judges shall be established with a
difference of not more than ten per cent from one to another
career category, and under no circumstances may such
remuneration exceed that of the Justices of the Supreme
Federal Court;
VI — retirement with full pay is compulsory upon disability or
at seventy years of age, and optional after thirty years of
service, after five years of effective activity in the judicature;
VII — a permanent judge shall reside in the respective judicial
district;
VIII — the acts of removal, of placement on paid availability
and of retirement of a judge, for public interest, shall be
based on a decision by the vote of two-thirds of the respective
court, full defense being ensured;
IX — all judgements of the bodies of the Judicial Power shall
be public, and all decisions shall be justified, under penalty of
nullity, and the law may, if the public interest so requires,
limit attendance in given acts to the interested parties and
their lawyers, or only to the latter;
X — the administrative decisions of the courts shall be
supported by a recital, and disciplinary decisions shall be
taken by the vote of the absolute majority of their members;
XI — in courts with more than twenty-five judges, a special
body may be constituted, with a minimum of eleven and a
maximum of twenty-five members, to exercise the
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administrative and jurisdictional duties which are under the
powers of the full court.
Article 94. One-fifth of the seats of the Federal Regional Courts, of
the Courts of the States, and of the Federal District and the
Territories shall be occupied by members of the Public Prosecution,
with over ten years of office, and by lawyers of notable juridical
learning and spotless reputation, with over ten years of effective
professional activity, indicated in a list of six names by the entities
representing the respective classes.
Sole paragraph — Upon receiving the indications, the court shall
organize a list of three names and shall send it to the Executive
Power, which shall, within the subsequent twenty days, select one
of the listed names for nomination.
Article 95. Judges enjoy the following guarantees:
I — life tenure, which, at first instance, shall only be acquired
after two years in office, loss of office being dependent,
during this period, on deliberation of the court to which the
judge is subject, and, in other cases, on a final and
unappealable judicial decision;
II — irremovability, save for reason of public interest, under
the terms of article 93, VIII;
III — irreducibility of pay, observing, as regards remuneration,
the provisions of articles 37, XI, 150, II, 153, III, and 153,
paragraph 2, I.
Sole paragraph — Judges are forbidden to:
I — hold, even when on paid availability, another office or
position, except for a teaching position;
II — receive, on any account or for any reason, court costs or
participation in a lawsuit;
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III — engage in political or party activities.
Article 96. It is of the exclusive competence of:
I — the courts:
a) to elect their directive bodies and to draw up their
internal regulations, in compliance with the rules of
proceedings and the procedural guarantees of the
parties, and regulating the powers and the operation of
the respective jurisdictional and administrative bodies;
b) to organize their secretariats and auxiliary services,
as well as those of the tribunals connected with them,
guaranteeing the exercise of the respective inspection
activities;
c) to fill, under the terms of this Constitution, offices of
career judges within their respective jurisdiction;
d) to propose the creation of new courts of first
instance;
e) to fill, by means of a civil service entrance
examination of tests, or of tests and presentation of
academic and professional credentials, according to the
provisions of article 169, sole paragraph, the offices
required for the administration of Justice, except for the
positions of trust as defined in law;
f) to grant leave, vacations and other absences to their
members and to the judges and employees who are
immediately subordinated to them;
II — the Supreme Federal Court, the Superior Courts and the
Courts of Justice, to propose to the respective Legislative
Power, with due regard for the provisions of article 169:
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a) alteration in the number of members of the lower
courts;
b) creation and extinction of offices and establishment
of pay for their members, for the judges, including
those of the lower courts, if existing, for the auxiliary
services and for the courts connected with them;
c) creation or extinction of inferior courts;
d) alteration of the judicial organization and division;
III — the Courts of Justice, to try judges of the states, of the
Federal District and of the Territories, as well as members of
the Public Prosecution, for common crimes and crimes of
malversation, except in those cases under the powers of the
Electoral Courts.
Article 97. The courts may declare a law or a normative act of the
Government unconstitutional only by the vote of the absolute
majority of their members or of the members of the respective
special body.
Article 98. The Union, in the Federal District and in the territories,
and the states shall create:
I — special courts, filled by court judges, or by court and lay
judges, with powers for conciliation, judgement and execution
of civil suits of lesser complexity and criminal offenses of
lower offensive potential, by oral and summary proceedings,
allowing, in the cases established in law, the settlement and
judgement of appeals by panels of judges of first instance;
II — remunerated justice of peace, formed by citizens elected
by direct, universal and secret vote, with a term of office of
four years and powers to, under the terms of the law, perform
marriages, examine qualification proceedings, ex officio or in
view of the presentation of a challenge, and exercise
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conciliatory functions, of a non-jurisdictional nature, besides
others established in the law.
Article 99. The Judicial Power is ensured of administrative and
financial autonomy.
Paragraph 1 — The courts shall prepare their budget proposals,
within the limits stipulated jointly with the other Powers in the law
of budgetary directives.
Paragraph 2 — The proposal shall, after hearing the other
interested courts, be forwarded:
I — at the federal level, by the presidents of the Supreme
Federal Court and of the Superior Courts, with the approval of
the respective courts;
II — at the level of the states and of the Federal District and
the territories, by the presidents of the Courts of Justice, with
the approval of the respective courts.
Article 100. With the exception of alimony credits, payments owed
by the federal, state or municipal treasuries, by virtue of a court
decision, shall be made exclusively in chronological order of
presentation of judicial requests and charged to the respective
credits, it being forbidden to designate cases or persons in the
budgetary appropriations and in the additional credits opened for
such purpose.
Paragraph 1 — It is mandatory for the budgets of public entities to
include the funds required for the payment of debts shown on the
judicial requests presented until or on July 1, on which date their
values shall be adjusted, and the payment shall be made before the
end of the following fiscal year.
Paragraph 2 — The budgetary allocations and the credits opened
shall be assigned to the Judicial Power, and the respective amounts
shall be distributed to the competent departments, it being within
the competence of the President of the Court which rendered the
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decision of execution to determine payment, according to the
possibilities of the deposit, and to authorize, upon petition of a
credit or and exclusively in the event that his right of precedence is
not respected, seizure of the amount required to satisfy the debt.
Section II
The Supreme Federal Court
Article 101. The Supreme Federal Court is composed of eleven
Justices, chosen from among citizens over thirty-five and under
sixty-five years of age, of notable juridical learning and spotless
reputation.
Sole paragraph — The Justices of the Supreme Federal Court shall
be nominated by the President of the Republic, after their
appointment has been approved by the absolute majority of the
Federal Senate.
Article 102. The Supreme Federal Court is responsible, essentially,
for safeguarding the Constitution, and it is within its competence:
I — to institute legal proceeding and judgement, in the first
instance, of:
a) direct actions of unconstitutionality of a federal or
state law or normative act;
b) in common criminal offenses, the President of the
Republic, the Vice-President, the members of the
National Congress, its own Justices and the Attorney-
General of the Republic;
c) in common criminal offenses and crimes of
malversation, the ministers of State, except as provided
in article 52, I, the members of the Superior Courts,
those of the Federal Court of Accounts and the heads of
permanent diplomatic missions;
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d) “habeas corpus”, when the petitioner is any one of the
persons referred to in the preceding subitems; the writ
of mandamus and “habeas data” against acts of the
President of the Republic, of the Directing Boards of the
Chamber of Deputies and of the Federal Senate, of the
Federal Court of Accounts, of the Attorney-General of
the Republic and of the Supreme Federal Court itself;
e) litigation between a foreign State or an international
organization and the Union, a state, the Federal District
or a territory;
f) disputes and conflicts between the Union and the
states, the Union and the Federal District, or between
one another, including the respective indirect
administration bodies;
g) extradition requested by a foreign state;
h) homologation of foreign court decisions and the
granting of “exequatur” to letters rogatory, which may
be conferred by its internal regulations upon its
President;
i) “habeas corpus”, when the constraining party or the
petitioner is a court, authority or employee whose acts
are directly subject to the jurisdiction of the Supreme
Federal Court, or in the case of a crime, subject to the
same jurisdiction in one sole instance;
j) criminal review of and rescissory action against its
decisions;
l) claims for the preservation of its powers and
guarantee of the authority of its decisions;
m) enforcement of court decisions in the cases where it
has original competence, the delegation of duties to
perform procedural acts being allowed;
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n) a suit in which all members of the judicature are
directly or indirectly involved, and a suit in which more
than half of the members of the court of origin are
disqualified or have a direct or indirect interest;
o) conflicts of powers between the Superior Court of
Justice and any other courts, between Superior Courts,
or between the latter and any other court;
p) petitions of provisional remedy in direct actions of
unconstitutionality;
q) writs of injunction, when drawing up of the regulation
is the responsibility of the President of the Republic, of
the National Congress, of the Chamber of Deputies, of
the Federal Senate, of the Directing Boards of one of
these legislative houses, of the Federal Court of
Accounts, of one of the Superior Courts, or of the
Supreme Federal Court itself;
II — to judge on ordinary appeal:
a) “habeas corpus”, writs of mandamus, “habeas data”
and writs of injunction decided in a sole instance by the
Superior Courts, in the event of a denial;
b) political crimes;
III — to judge, on extraordinary appeal, cases decided in a
sole or last instance, when the decision appealed:
a) is contrary to a provision of this Constitution;
b) declares a treaty or a federal law unconstitutional;
c) considers valid a law or act of a local government
contested in the light of this Constitution.
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Sole paragraph — A claim of non-compliance with a fundamental
precept deriving from this Constitution shall be examined by the
Supreme Federal Court, under the terms of the law.
Article 103. The following may file an action of unconstitutionality:
I — the President of the Republic;
II — the Directing Board of the Federal Senate;
III — the Directing Board of the Chamber of Deputies;
IV — the Directing Board of a State Legislative Assembly;
V — a State Governor;
VI — the Attorney-General of the Republic;
VII — the Federal Council of the Brazilian Bar Association;
VIII — a political party represented in the National Congress;
IX — a confederation of labour unions or a professional
association of a national nature.
Paragraph 1 — The Attorney-General of the Republic shall be
previously heard in actions of unconstitutionality and in all suits
under the power of the Supreme Federal Court.
Paragraph 2 — When unconstitutionality is declared on account of
lack of a measure to render a constitutional provision effective, the
competent Power shall be notified for the adoption of the necessary
actions and, in the case of an administrative body, to do so within
thirty days.
Paragraph 3 — When the Supreme Federal Court examines the
unconstitutionality in abstract of a legal provision or normative act,
it shall first summon the Advocate-General of the Union, who shall
defend the impugned act or text.
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Section III
The Superior Court of Justice
Article 104. The Superior Court of Justice is composed of a
minimum of thirty-three Justices.
Sole paragraph — The Justices of the Superior Court of Justice shall
be nominated by the President of the Republic, chosen from among
Brazilians over thirty-five and under sixty-five years of age, of
notable juridical learning and spotless reputation, after the
appointment has been approved by the Federal Senate, as follows:
I — one-third shall be chosen from among judges of the
Federal Regional Courts and one-third from among judges of
the Courts of Justice, indicated in a list of three names
prepared by the Court itself;
II — one-third, in equal parts, shall be chosen from among
lawyers and members of the Federal Public Prosecution, the
Public Prosecution of the states, the Public Prosecution of the
Federal District and the Territories, alternately, indicated
under the terms of article 94.
Article 105. The Superior Court of Justice has the competence to:
I — institute legal proceeding and judgement, in the first
instance, of:
a) in common crimes, the Governors of the states and of
the Federal District, and, in such crimes and in crimes of
malversation, the judges of the Courts of Justice of the
states and of the Federal District, the members of the
Courts of Accounts of the states and of the Federal
District, those of the Federal Regional Courts, of the
Regional Electoral and Labour Courts, the members of
Councils or Courts of Accounts of the municipalities and
the members of the Public Prosecution of the Union who
act before courts;
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b) writs of mandamus and “habeas data” against an act
of a Minister of State or of the Court itself;
c) “habeas corpus”, when the constraining party or the
petitioner is any of the persons mentioned in subitem
“a”, or when the constraining party is a Minister of State,
except for the competence of the Electoral Courts;
d) conflicts of competence between any courts, except
as provided in article 102, I, “o”, as well as between a
court and the judges not subject to it and between
judges subject to different courts;
e) criminal review of and the rescissory actions against
its decisions;
f) claims for the preservation of its competence and
guarantee of the authority of its decisions;
g) conflicts of duties between administrative and judicial
authorities of the Union, or between judicial authorities
of one state and administrative authorities of another or
of the Federal District, or between those of the latter
and those of the Union;
h) writs of injunction, when the drawing up of a
regulation is the responsibility of a federal body, entity,
or authority, of direct or indirect administration, with the
exception of the cases within the competence of the
Supreme Federal Court and of the bodies of the Military
Justice, of the Electoral Justice, of the Labour Justice and
of the Federal Justice;
II — judge, on ordinary appeal:
a) “habeas corpus” decided in a sole or last instance by
the Federal Regional Courts or by the courts of the
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states, of the Federal District and the territories, in the
event of a denial;
b) writs of mandamus decided in a sole instance by the
Federal Regional Courts or by the courts of the states, of
the Federal District and the territories, in the event of a
denial;
c) cases in which the parties are a foreign state or
international organization, on the one part, and a
municipality or a person residing or domiciled in the
country, on the other part;
III — judge, on special appeal, the cases decided, in a sole or
last instance, by the Federal Regional Courts or by the courts
of the states, of the Federal District and the territories, when
the decision appealed:
a) is contrary to a treaty or a federal law, or denies it
effectiveness;
b) considers valid a law or act of a local government
contested in the light of a federal law;
c) confers upon a federal law an interpretation different
from that which has been conferred upon it by another
court.
Sole paragraph — The Council of Federal Justice shall operate at the
Superior Court of Justice, and it shall, under the terms of the law,
exercise administrative and budgetary supervision over the Federal
Courts of first and second instances.
Section IV
The Federal Regional Courts and The Federal Judges
Article 106. The following are the bodies of Federal Justice:
I — the Federal Regional Courts;
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II — the Federal Judges.
Article 107. The Federal Regional Courts are composed of a
minimum of seven judges, selected, whenever possible, in the
respective region and nominated by the President of the Republic
from among Brazilians over thirty and under sixty-five years of age,
as follows:
I — one-fifth shall be chosen from among lawyers effectively
practicing their professional activity for more than ten years
and from among members of the Federal Public Prosecution,
with over ten years of service;
II — the others, by means of promotion of federal judges with
over five years in office, for seniority and merit, alternately.
Sole paragraph — A law shall regulate the removal or exchange of
judges of the Federal Regional Courts and shall determine their
jurisdiction and seat.
Article 108. The Federal Regional Courts have the power, to:
I — institute legal proceeding and judgement, in the first
instance, of:
a) federal judges within the area of their jurisdiction,
including those of the Military and Labour Courts, in
common crimes and crimes of malversation, and the
members of the Public Prosecution of the Union, except
for the competence of the Electoral Courts;
b) criminal reviews and the rescissory actions against
their decisions or decisions of the federal judges of the
region;
c) writs of mandamus and “habeas data” against an act
of the Court itself or of a federal judge;
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d) “habeas corpus”, when the constraining authority is a
federal judge;
e) conflicts of competence between federal judges
subject to the Court;
II — judge, at the level of appeal, cases decided by federal
judges and by state judges in the exercise of the federal
competence within the area of their jurisdiction.
Article 109. The federal judges have the power to institute legal
proceeding and judgement of:
I — cases in which the Union, an autonomous government
agency or a federal public company have an interest as
plaintiffs, defendants, privies or interveners, with the
exception of cases of bankruptcy, of job-related accidents,
and of those subject to the Electoral and Labour Courts;
II — cases between a foreign state or international
organization and a municipality or a person domiciled or
residing in the country;
III — cases based on a treaty or a contract between the Union
and a foreign State or international organization;
IV — political crimes and criminal offenses committed against
the assets, services or an interest of the Union or of its
autonomous agencies or public companies, excluding
misdemeanours and excepting the competence of the Military
and Electoral Courts;
V — crimes covered by an international treaty or convention,
when, the prosecution having started in the country, the result
has taken place or should have taken place abroad, or
conversely;
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VI — crimes against the organization of labour and, in the
cases determined by law, those against the financial system
and the economic and financial order;
VII — “habeas corpus”, in criminal matters within their
competence or when the coercion is exercised by an authority
whose acts are not directly subject to another jurisdiction;
VIII — writs of mandamus and “habeas data” against an act of
a federal authority, except for the cases within the
competence of the federal courts;
IX — crimes committed aboard ships or aircrafts, excepting
the competence of the Military Courts;
X — crimes or irregular entry or stay of a foreigner, execution
of letters rogatory, after “exequatur”, and of foreign court
decisions, after homologation, cases related to nationality,
including the respective option, and to naturalization;
XI — disputes over the rights of Indians.
Paragraph 1 — Cases in which the Union is the plaintiff shall be
instituted in the judicial section where the other party is domiciled.
Paragraph 2 — Cases brought against the Union may be instituted
in the judicial section where the plaintiff is domiciled, or where the
act or fact giving rise to the suit occurred or where the item is
located, or further, in the Federal District.
Paragraph 3 — Cases in which the parties are a social security
institution and its beneficiary shall be processed and judged in the
state courts, in the forum of the domicile of the beneficiaries or
insured participants, whenever the district is not the seat of a
federal court of first instance, in which case the law may allow other
cases to be also processed and judged by the state courts.
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Paragraph 4 — In the event of the preceding paragraph, the
appropriate appeal shall always be taken to the Federal Regional
Court within the area of jurisdiction of a judge of first instance.
Article 110. Each state, as well as the Federal District, shall be a
judicial section, which shall have its seat in the respective capital,
and there shall be courts of first instance located where established
in law.
Sole paragraph — In the Federal Territories, the jurisdiction and
duties attributed to federal judges shall be within the competence
of the judges of the local justice, under the terms of the law.
Section V
Labour Courts and Judges
Article 111. The following are the bodies of Labour Justice:
I — the Superior Labour Court;
II — the Regional Labour Courts;
III — the Boards of Conciliation and Judgement.
Paragraph 1 — The Superior Labour Court shall be composed of
twenty-seven Justices, chosen from among Brazilians over thirty-five
and under sixty-five years of age, nominated by the President of the
Republic after approval by the Federal Senate, as follows:
I — seventeen life judges, of which eleven shall be chosen
from among career labour judges, three from among lawyers
and three from among members of the Labour Public
Prosecution;
II — ten temporary judges, representing professional
categories, with parity of representation of employees and
employers.
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Paragraph 2 — The Court shall forward lists of three names to the
President of the Republic, observing, as regards the vacancies
intended for lawyers and for members of the Public Prosecution, the
provisions of article 94, and, as regards temporary judges, the
result of the appointment by an electoral college composed of the
boards of directors of the national confederations of workers or
employers, as the case may be; the lists of three names for filling
the offices intended for career labour judges shall be prepared by
life justices.
Paragraph 3 — The law shall make provisions for the powers of the
Superior Labour Court.
Article 112. There shall be at least one Regional Labour Court in
each state and in the Federal District, and the law shall institute the
Boards of Conciliation and Judgement, allowing, in districts where
such boards are not instituted, for the attribution of their
jurisdiction to judges.
Article 113. The law shall regulate the constitution, installation,
jurisdiction, powers, guarantees and conditions of exercise of the
bodies of Labour Justice, preserving the parity of representation of
workers and employers.
Article 114. The Labour Justice has the power to conciliate and
judge individual and collective disputes between workers and
employers, comprising entities of public international law and of
the direct and indirect public administration of the municipalities,
of the Federal District, of the states and of the Union, and, under
the terms of the law, other disagreements arising from labour
relations, as well as litigations which originate in the compliance
with its own decisions, including those of a collective nature.
Paragraph 1 — If collective negotiations are unsuccessful, the
parties may elect arbitrators.
Paragraph 2 — If any of the parties refuses negotiation or
arbitration, the respective unions may file collective labour suit, and
Labour Courts may establish regulations and conditions, respecting
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the minimum conventional and legal provisions for the protection
of labour.
Article 115. The Regional Labour Courts shall be composed of
judges nominated by the President of the Republic, two-thirds of
which shall be life judges and one-third shall be temporary judges,
observing, among life judges, the proportions established in article
111, paragraph 1, I.
Sole paragraph — The judges of the Regional Labour Courts shall
be:
I — labour judges, chosen by promotion, alternately, for
seniority and merit;
II — lawyers and members of the Labour Public Prosecution,
observing the provisions of article 94;
III — temporary judges appointed in lists of three names by
the boards of direction of the federations and labour unions
having their territorial base in the region.
Article 116. A Board of Conciliation and Judgement shall be
composed of a labour judge, who shall preside over it, and of two
temporary judges representing employees and employers.
Sole paragraph — The temporary judges of the Boards of
Conciliation and Judgement shall be appointed by the President of
the Regional Labour Court, under the terms of the law, with one
renomination being allowed.
Article 117. The term of office of the temporary judges in all
instances is three years.
Sole paragraph — The temporary judges shall have substitutes.
Section VI
Electoral Courts and Judges
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Article 118. The following are the bodies of the Electoral Justice:
I — the Superior Electoral Court;
II — the Regional Electoral Courts;
III — the Electoral Judges;
IV — the Electoral Boards.
Article 119. The Superior Electoral Court shall be composed of a
minimum of seven members chosen:
I — through election, by secret vote:
a) three judges from among the Justices of the Supreme
Federal Court;
b) two judges from among the Justices of the Superior
Court of Justice;
II — through nomination by the President of the Republic, two
judges from among six lawyers of notable juridical learning
and good moral repute, appointed by the Supreme Federal
Court.
Sole paragraph — The Superior Electoral Court shall elect its
President and Vice-President from among the Justices of the
Supreme Federal Court, and its Electoral Corregidor from among
the Justices of the Superior Court of Justice.
Article 120. There shall be a Regional Electoral Court in the capital
of each state and in the Federal District.
Paragraph 1 — The Regional Electoral Courts shall be composed:
I — through election, by secret vote:
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a) of two judges chosen from among the judges of the
Court of Justice;
b) of two judges chosen by the Court of Justice from
among court judges;
II — of a judge of the Federal Regional Court with its seat in
the capital of a state or in the Federal District, or, in the
absence thereof, of a federal judge chosen in any case by the
respective Federal Regional Court;
III — through nomination by the President of the Republic, of
two judges appointed by the Court of Justice from among six
lawyers of notable juridical learning and good moral repute.
Paragraph 2 — The Regional Electoral Court shall elect its President
and Vice-President from among its judges.
Article 121. A supplementary law shall provide for the organization
and powers of the electoral courts, judges and boards.
Paragraph 1 — The members of the courts, the court judges and
the members of the electoral boards, while in office and insofar as
applicable to them, shall enjoy full guarantees and shall be nonremovable.
Paragraph 2 — The Judges of the Electoral Courts, except for a
justified reason, shall serve for a minimum of two years, and never
for more than two consecutive two-year periods, and their
substitutes shall be chosen at the same time and through the same
procedure, in equal numbers for each category.
Paragraph 3 — The decisions of the Superior Electoral Court are
unappealable, save those which are contrary to this Constitution
and those denying “habeas corpus” or writs of mandamus.
Paragraph 4 — Decisions of the Regional Electoral Courts may only
be appealed against when:
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I — they are rendered against an express provision of this
Constitution or of a law;
II — there is a divergence in the interpretation of a law
between two or more electoral courts;
III — they relate to ineligibility or issuance of certificates of
electoral victory in federal or state elections;
IV — they annul certificates of electoral victory or decree the
loss of federal or state elective offices;
V — they deny “habeas corpus”, writs of mandamus, “habeas
data” or writs of injunction.
Section VII
Military Courts and Judges
Article 122. The following are the bodies of Military Justice:
I — the Superior Military Court;
II — the Military Courts and Judges instituted by law.
Article 123. The Superior Military Court shall be composed of
fifteen life Justices, nominated by the President of the Republic,
after their appointment has been approved by the Federal Senate,
three of which shall be chosen from among General officers of the
Navy, four from among General officers of the Army, three from
among General officers of the Air Force, all of them in active service
and in the highest rank of the career, and five from among civilians.
Sole paragraph — The civil justices shall be chosen by the President
of the Republic from among Brazilians over thirty-five years of age,
as follows:
I — three from among lawyers of notable juridical learning
and spotless conduct, with over ten years of effective
professional activity;
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II — two, by equal choice, from among auditor judges and
members of the Public Prosecution of the Military Justice.
Article 124. The Military Courts have the power to carry out legal
proceeding and judgement of the military crimes defined by law.
Sole paragraph — The law shall make provisions for the
organization, operation and powers of the Military Courts.
Section VIII
Courts and Judges of the States
Article 125. The States shall organize their judicial system,
observing the principles established in this Constitution.
Paragraph 1 — The powers of the courts shall be defined in the
Constitution of the state, and the law of judicial organization shall
be the initiative of the Court of Justice.
Paragraph 2 — The states have the power to institute actions of
unconstitutionality of state or municipal laws or normative acts in
the light of the Constitution of the state, it being forbidden to
attribute legitimation to act to a sole body.
Paragraph 3 — By proposal of the Court of Justice, a state law may
create the state Military Justice, constituted, at first instance, by the
Councils of Justice and, at second instance, by the Court of Justice
itself, or by the Court of Military Justice in those states in which the
military police troops count more than twenty thousand members.
Paragraph 4 — The state Military Courts have the power to institute
legal proceeding and judgement of military policemen and military
firemen for the military crimes defined in law, and the competent
court shall decide upon the loss of post or rank of officers and of
the grade of servicemen.
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Article 126. For the settlement of conflicts relating to land
property, the Court of Justice shall designate special level judges,
with exclusive competence for agrarian matters.
Sole paragraph — Whenever efficient jurisdictional service requires
it, the judge shall go personally to the site of the litigation.
Chapter IV
The Functions Essential to Justice
Section I
The Public Prosecution
Article 127. The Public Prosecution is a permanent institution,
essential to the jurisdictional function of the State, and it is its duty
to defend the juridical order, the democratic regime and the
inalienable social and individual interests.
Paragraph 1 — Unity, indivisibility and functional independence are
institutional principles of the Public Prosecution.
Paragraph 2 — The Public Prosecution is ensured of functional and
administrative autonomy, and it may, observing the provisions of
article 169, propose to the Legislative Power the creation and
extinction of its offices and auxiliary services, filling them through a
civil service entrance examination of tests or of tests and
presentation of academic and professional credentials; the law shall
provide for its organization and operation.
Paragraph 3 — The Public Prosecution shall prepare its budget
proposal within the limits established in the law of budgetary
directives.
Article 128. The Public Prosecution comprises:
I — the Public Prosecution of the Union, which includes:
a) the Federal Public Prosecution;
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b) the Labour Public Prosecution;
c) the Military Public Prosecution;
d) the Public Prosecution of the Federal District and the
Territories;
II — the Public Prosecutions of the states.
Paragraph 1 — The head of the Public Prosecution of the Union is
the Attorney-General of the Republic, nominated by the President of
the Republic from among career members over thirty-five years of
age, after his name has been approved by the absolute majority of
the members of the Federal Senate, for a term of office of two
years, renomination being allowed.
Paragraph 2 — The removal of the Attorney-General of the Republic,
on the initiative of the President of the Republic, shall be subject to
prior authorization by the absolute majority of the Federal Senate.
Paragraph 3 — The Public Prosecutions of the states, of the Federal
District and of the territories shall prepare a list of three names
from among career members, under the terms of the respective law,
for the selection of their Attorney-General, who shall be nominated
by the Head of the Executive Power for a term of office of two years,
one renomination being allowed.
Paragraph 4 — The Attorneys-General in the states, in the Federal
District and in the territories may be removed from office by
deliberation of the absolute majority of the Legislative Power, under
the terms of the respective supplementary law.
Paragraph 5 — Supplementary laws of the Union and of the states,
which may be proposed by the respective Attorneys-General, shall
establish the organization, the duties and the statute of each Public
Prosecution, observing, as regards their members:
I — the following guarantees:
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a) life tenure, after two years in office, with loss of office
only by a final and unappealable judicial decision;
b) irremovability, save for reason of public interest,
through decision of the competent collegiate body of
the Public Prosecution, by the vote of two-thirds of its
members, full defense being ensured;
c) irreducibility of pay, observing, as regards the
remuneration, the provisions of articles 37, XI, 150, II,
153, III, 153, paragraph 2, I;
II — the following prohibitions:
a) receiving, on any account or for any reason, fees,
percentages or court costs;
b) practicing the legal profession;
c) participating in a commercial company, under the
terms of the law;
d) exercising, even when on paid availability, any other
public function, except for a teaching position;
e) engaging in political or party activities, save for the
exceptions established in the law.
Article 129. The following are institutional functions of the Public
Prosecution:
I — to initiate, exclusively, public criminal prosecution, under
the terms of the law;
II — to ensure effective respect by the Public Authorities and
by the services of public relevance for the rights guaranteed in
this Constitution, taking the action required to guarantee such
rights;
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III — to institute civil investigation and public civil suit to
protect public and social property, the environment and other
diffuse and collective interests;
IV — to institute action of unconstitutionality or
representation for purposes of intervention by the Union or by
the states, in the cases established by this Constitution;
V — to defend judicially the rights and interests of the Indian
populations;
VI — to issue notifications in administrative procedures within
its competence, requesting information and documents to
support them, under the terms of the respective
supplementary law;
VII — to exercise external control over police activities, under
the terms of the supplementary law mentioned in the previous
article;
VIII — to request investigatory procedures and the institution
of police investigation, indicating the legal grounds of its
procedural acts;
IX — to exercise other functions which may be conferred upon
it, provided that they are compatible with its purpose, with
judicial representation and judicial consultation for public
entities being forbidden.
Paragraph 1 — Legitimation by the Public Prosecution for the civil
actions set forth in this article shall not preclude those of third
parties in the same cases, according to the provisions of this
Constitution and of the law.
Paragraph 2 — The functions of Public Prosecution may only be
exercised by career members, who must reside in the judicial
district of their respective assignment.
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Paragraph 3 — Admission into the career shall take place by means
of a civil service entrance examination of tests and presentation of
academic and professional credentials, ensuring participation by the
Brazilian Bar Association in such examination, and observing, for
nomination, the order of classification.
Paragraph 4 — The provisions of article 93, II and VI shall apply to
the Public Prosecution, where appropriate.
Article 130. The provisions of this section concerning rights,
prohibitions and form of investitute apply to the members of the
Public Prosecution before the Courts of Accounts.
Section II
The Advocacy-General of the Union
Article 131. The Advocacy-General of the Union is the institution
which, either directly or through a subordinated agency, represents
the Union judicially or extrajudicially, and it is responsible, under
the terms of the supplementary law which provides for its
organization and operation, for the activities of judicial consultation
and assistance to the Executive Power.
Paragraph 1 — The Advocacy-General of the Union is headed by the
Advocate-General of the Union, freely nominated by the President of
the Republic from among citizens over thirty-five years of age, of
notable juridical learning and spotless reputation.
Paragraph 2 — Admission into the initial classes of the careers of
the institution dealt with in this article shall take place by means of
a civil service entrance examination of tests and presentation of
academic and professional credentials.
Paragraph 3 — In the execution of receivable taxes of a tributary
nature, the Union shall be represented by the office of the Attorney-
General of the Public Finances, observing the provisions of the law.
Article 132. The Prosecutors of the states and of the Federal
District shall exercise judicial representation and judicial
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consultation for their respective federated units, organized in a
career, admission into which shall depend on a civil service
entrance examination of tests and presentation of academic and
professional credentials, observing the provisions of article 135.
Section III
The Public Advocacy and the Public Legal Defense
Article 133. The lawyer is indispensable to the administration of
justice and is inviolable for his acts or manifestations in the
exercise of his profession, within the limits of the law.
Article 134. The Public Legal Defense is an essential institution to
the jurisdictional function of the State and is responsible for the
judicial guidance and the defense, in all levels, of the needy, under
the terms of article 5, LXXIV.
Sole paragraph — A supplementary law shall organize the Public
Legal Defense of the Union, of the Federal District and of the
territories and shall prescribe general rules for its organization in
the states, into career offices filled, in the initial class, by means of
a civil service entrance examination of tests and presentation of
academic and professional credentials, with the guarantee of
irremovability being ensured to its members and the exercise of
advocacy beyond the institutional attributions being forbidden.
Article 135. The principle of article 37, XII, and article 39,
paragraph 1 apply to the careers regulated in this title.
Title V
The Defense of the State and of the Democratic Institutions
Chapter I
The State of Defense and the State of Siege
Section I
The State of Defense
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Article 136. The President of the Republic may, after hearing the
Council of the Republic and the National Defense Council, decree a
state of defense to preserve or to promptly re-establish, in
determined and restricted locations, the public order or the social
peace threatened by serious and imminent institutional instability
or affected by major natural calamities.
Paragraph 1 — The decree instituting the state of defense shall
determine the period of its duration, shall specify the areas to be
encompassed and shall indicate, within the terms and limitations of
the law, the coercive measures to be in force from among the
following:
I — restrictions to the rights of:
a) assembly, even if held within associations;
b) secrecy of correspondence;
c) secrecy of telegraph and telephone communication;
II — in the event of a public calamity, occupation and
temporary use of public property and services, the Union
being liable for the resulting damages and costs.
Paragraph 2 — The state of defense shall not be longer than thirty
days and it may be extended once for an identical period if the
reasons that justified its decreeing persist.
Paragraph 3 — During the period in which the state of defense is in
force:
I — arrest for a crime against the State, determined by the
party executing the measure, shall be immediately
communicated by such party to the competent judge, who
shall remit it if it is illegal, it being the arrested person’s
choice to request examination of corpus delicti from the
police authority;
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II — the communication shall be accompanied by a statement
by the authority as to the physical and mental state of the
arrested person at the time of the filing of the charges;
III — the imprisonment or detention of any person shall not be
for more than ten days, unless authorized by the Judicial
Power;
IV — incommunicability of the arrested person is forbidden.
Paragraph 4 — upon decreeing a state of defense or extension
thereof, the President of the Republic shall, within twenty-four
hours, submit the act with the respective justification to the
National Congress, which shall decide by absolute majority.
Paragraph 5 — If the National Congress is in recess, it shall be
called extraordinarily within five days.
Paragraph 6 — The National Congress shall examine the decree
within ten days as from receipt thereof, and shall remain in
operation as long as the state of defense is in force.
Paragraph 7 — If the decree is rejected, the state of defense shall
cease immediately.
Section II
The State of Siege
Article 137. The President of the Republic may, after hearing the
Council of the Republic and National Defense Council, request
authorization from the National Congress to decree the state of
siege in the event of:
I — serious disturbance with national effects or occurrence of
facts that evidence the ineffectiveness of a measure taken
during the state of defense;
II — declaration of state of war or response to foreign armed
aggression.
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Sole paragraph — The President of the Republic shall, on requesting
authorization to decree the state of siege or to extend it, submit the
reasons that determine such request, and the National Congress
shall decide by absolute majority.
Article 138. The decree of the state of siege shall specify the period
of its duration, the rules required to implement it and the
constitutional guarantees that are to be suspended and, after it is
published, the President of the Republic shall designate the
executor of the specific measures and the areas encompassed.
Paragraph 1 — In the event of article 137, I, the state of siege may
not be decreed for more than thirty days nor can each extension
exceed such period; in the event of item II, it may be decreed for
the entire period of the war or foreign armed aggression.
Paragraph 2 — If authorization to decree the state of siege is
requested during parliamentary recess, the President of the Federal
Senate shall immediately summon an extraordinary session of the
National Congress to convene within five days in order to examine
the act.
Paragraph 3 — The National Congress shall remain in session until
the end of the coercive measures.
Article 139. During the period in which the state of siege decreed
under article 137, I, is in force, only the following measures may be
taken against persons:
I — obligation to remain at a determined place;
II — detention in a building not intended for persons accused
of or convicted for common crimes;
III — restrictions regarding the inviolability of correspondence,
the secrecy of communications, the rendering of information
and the freedom of press, radio broadcasting and television,
as established by law;
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IV — suspension of freedom of assembly;
V — home search and seizure;
VI — intervention in public utility companies;
VII — requisitioning of property.
Sole paragraph — The broadcasting of speeches made by
Congressmen in their Legislative Houses is not included in the
restrictions of item III, if authorized by the respective Directing
Board.
Section III
General Provisions
Article 140. The Directing Board of the National Congress shall,
after hearing the party leaders, designate a Committee made up of
five of its members to monitor and supervise the implementation of
the measures concerning the state of defense and the state of
siege.
Article 141. Once the state of defense or the state of siege ceases,
its effects shall also cease, without prejudice to liability for illicit
acts performed by the executors or agents thereof.
Sole paragraph — As soon as the state of defense or the state of
siege ceases, the measures applied during the period while it is in
force shall be reported by the President of the Republic in a
message to the National Congress, with specification and
justification of the actions taken, with the listing of the names of
those affected and indication of the restrictions applied.
Chapter II
The Armed Forces
Article 142. The Armed Forces, made up of the Navy, the Army and
the Air Force, are permanent and regular national institutions,
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organized on the basis of hierarchy and discipline, under the
supreme authority of the President of the Republic, and are
intended for the defense of the Country, for the guarantee of the
constitutional powers, and, on the initiative of any of these, of the
law and the order.
Paragraph 1 — A supplementary law shall establish the general
rules to be adopted in the organization, training and use of the
Armed Forces.
Paragraph 2 — “Habeas-corpus” shall not apply to military
disciplinary punishments.
Article 143. Military service is compulsory as set forth by law.
Paragraph 1 — It is within the competence of the Armed Forces,
according to the law, to assign an alternative service to those who,
in times of peace, after being enlisted, claim imperative of
conscience, which shall be understood as originating in religious
creed and philosophical or political belief, for exemption from
essentially military activities.
Paragraph 2 — Women and clergymen are exempt from compulsory
military service in times of peace, but are subject to other duties
assigned to them by law.
Chapter III
Public Security
Article 144. Public security, the duty of the State and the right and
responsibility of all, is exercised to preserve public order and the
safety of persons and property, by means of the following agencies:
I — federal police;
II — federal highway police;
III — federal railway police;
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IV — civil polices;
V — military polices and military fire brigades.
Paragraph 1 — The federal police, instituted by law as a permanent
body and structured into a career, is intended to:
I — investigate criminal offenses against the political and the
social order or to the detriment of property; services and
interests of the Union and of its autonomous government
entities and public companies, as well as other offenses with
interstate or international effects and requiring uniform
repression as the law shall establish;
II — to prevent and repress the illegal traffic of narcotics and
like drugs, as well as smuggling, without prejudice to action
by the treasury authorities and other government agencies in
their respective areas of competence;
III — to exercise the functions of maritime, air and border
police;
IV — to exercise, exclusively, the functions of criminal police
of the Union.
Paragraph 2 — The federal highway police is a permanent body
structured into a career and intended, according to the law, to
patrol ostensibly the federal highways.
Paragraph 3 — The federal railway police is a permanent body
structured into a career and intended, according to the law, to
patrol ostensibly the federal railways.
Paragraph 4 — It is incumbent upon the civil police, directed by
career police commissioners and except for the competence of the
Union, to exercise the functions of criminal police and to investigate
criminal offenses, with the exception of the military ones.
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Paragraph 5 — It is within the competence of the military polices
the ostensive policing and the maintenance of the public order; it is
incumbent upon the military fire brigades, in addition to the duties
defined by law, to carry out activities of civil defense.
Paragraph 6 — The military polices and military fire brigades,
ancillary forces and reserve of the Army, are subject, together with
the civil police, to the Governors of the states, of the Federal
District and of the territories.
Paragraph 7 — The law shall regulate the organization and
operation of the agencies responsible for public security in such a
manner as to guarantee the efficiency of their activities.
Paragraph 8 — The municipalities may organize municipal guards
to protect their property, services and facilities, as the law shall
establish.
Title VI
Taxation and Budget
Chapter I
The National Tax System
Section I
General Principles
Article 145. The Union, the states, the Federal District and the
municipalities may institute the following tributes:
I — taxes;
II — fees, by virtue of the exercise of police power or for the
effective or potential use of specific and divisible public
services, rendered to the taxpayer or made available to him;
III — benefit charges, resulting from public works.
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Paragraph 1 — Whenever possible, taxes shall have a personal
character and shall be graded according to the economic capacity of
the taxpayer, and the tax administration may, especially to confer
effectiveness upon such objectives, with due respect to individual
rights and under the terms of the law, identify the property, the
incomes and the economic activities of the taxpayer.
Paragraph 2 — Fees may not have the assessment basis reserved
for taxes.
Article 146. A supplementary law shall:
I — provide for conflicts of powers concerning tax matters
between the Union, the states, the Federal District and the
municipalities;
II — regulate the constitutional limitations on the power to
tax;
III — establish general rules concerning tax legislation,
especially with regard to:
a) the definition of tributes and their types, as well as,
regarding the taxes specified in this Constitution, the
definition of the respective taxable events, assessment
bases and taxpayers;
b) tax liability, assessment, credit, limitation and laches;
c) adequate tax treatment for the cooperative acts of
cooperative associations.
Article 147. In a federal territory, state taxes are within the powers
of the Union and, if the territory is not divided into municipalities,
also municipal taxes; municipal taxes are within the powers of the
Federal District.
Article 148. The Union may, by means of a supplementary law,
institute compulsory loans:
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I — to meet extraordinary expenses resulting from public
calamity, foreign war or the imminence thereof;
II — in the case of public investment of an urgent nature and
relevant national interest, observing the provisions of article
150, III, “b”.
Sole paragraph — The use of funds deriving from a compulsory loan
shall be linked to the expense that justified the institution thereof.
Article 149. The Union shall have the exclusive power to institute
social contributions regarding intervention in the economic order
and the interest of categories of employees or employers, as an
instrument of its activity in the respective areas, observing the
provisions of articles 146, III, and 150, I and III, and without
prejudice to the provisions of article 195, paragraph 6, as regards
the contributions mentioned in the latter article.
Sole paragraph — The states, the Federal District and the
municipalities may institute a contribution payable by their servants
to fund social security and assistance systems for the benefit of the
latter.
Section II
Limitations on the Power to Tax
Article 150. Without prejudice to any other guarantees ensured to
the taxpayers, the Union, the states, the Federal District and the
municipalities are forbidden to:
I — impose or increase a tribute without a law to establish it;
II — institute unequal treatment for taxpayers who are in an
equivalent situation, it being forbidden to establish any
distinction by reason of professional occupation or function
performed by them, independently of the juridical designation
of their incomes, titles or rights;
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III — collect tributes:
a) for taxable events that occurred before the law which
instituted or increased such tributes came into force;
b) in the same fiscal year in which the law which
instituted or increased such tributes was published;
IV — use a tribute for the purpose of confiscation;
V — establish limitations to the traffic of persons or goods, by
means of interstate or intermunicipal tributes, except for the
collection of toll fees for the use of highways maintained by
the Government;
VI — institute taxes on:
a) the property, income or services of one another;
b) temples of any cult;
c) the property, income or services of political parties,
including their foundations, of worker unions, of nonprofit
education and social assistance institutions,
observing the requirements of the law;
d) books, newspapers, periodicals and the paper
intended for the printing thereof.
Paragraph 1 — The prohibition set forth in item III, “b”, shall not
apply to the taxes provided upon in articles 153, I, II, IV and V, and
154, II.
Paragraph 2 — The prohibition set forth in item VI, “a”, extends to
the autonomous government agencies and to the foundations
instituted and maintained by the Government, as regards the
property, income and services related to their essential purposes or
resulting therefrom.
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Paragraph 3 — The prohibitions set forth in item VI, “a”, and in the
preceding paragraph do not apply to the property, income and
services related to the exploitation of economic activities governed
by the regulations which apply to private undertakings, or in which
users pay consideration or prices or tariffs, nor exempt a promissor
purchaser of real property from the obligation to pay tax thereon.
Paragraph 4 — The prohibitions set forth in item VI, subitems “b”
and “c”, encompass only the property, income and services related
to the essential purposes of the entities mentioned therein.
Paragraph 5 — The law shall determine measures for consumers to
be informed about taxes levied on goods and services.
Paragraph 6 — Any amnesty or remission concerning taxes or social
security may only be granted by means of a specific federal, state or
municipal law.
Article 151. It is forbidden for the Union:
I — to institute a tribute which is not uniform throughout the
entire national territory or which implies a distinction or
preference regarding a state, the Federal District or a
municipality to the detriment of another, it being allowed to
grant tax incentives for the purpose of promoting the
balanced social and economic development of the various
regions of the country;
II — to tax income from public debt bonds of the states, of
the Federal District and of the municipalities, as well as the
remuneration and earnings of the respective public agents, at
levels above those established for its own bonds and agents;
III — to institute exemptions from tributes within the powers
of the states, of the Federal District or of the municipalities.
Article 152. The states, the Federal District and the municipalities
are forbidden to establish a tax difference between goods and
services of any nature, by reason of their origin or destination.
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Section III
Federal Taxes
Article 153. The Union shall have the power to institute taxes on:
I — importation of foreign products;
II — exportation to other countries of national or nationalized
products;
III — income and earnings of any nature;
IV — industrialized products;
V — credit, foreign exchange and insurance transactions, or
transactions relating to bonds or securities;
VI — rural property;
VII — large fortunes, under the terms of a supplementary law.
Paragraph 1 — The Executive Power may, observing the conditions
and the limits established in law, alter the rates of the taxes
enumerated in items I, II, IV and V.
Paragraph 2 — The tax established in item III:
I — shall be based on the criteria of generality, universality
and progressiveness, under the terms of the law;
II — shall not be levied, under the terms and within the limits
established in law, on income deriving from retirement and
pension paid by the social security system of the Union, of the
states, of the Federal District and of the municipalities, to a
person over sixty-five years of age, whose total income
consists exclusively of work earnings.
Paragraph 3 — The tax established in item IV:
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I — shall be selective, based on the essentiality of the product;
II — shall be non-cumulative, and the tax due in each
transaction shall be compensated by the amount charged in
previous transactions;
III — shall not be levied on industrialized products intended
for export.
Paragraph 4 — The tax established in item VI shall have its rates
determined in such a manner as to discourage the retention of
unproductive real property and shall not be levied on small tracts of
land, as defined in law, when a proprietor who owns no other real
property explores them by himself or with his family.
Paragraph 5 — Gold, when defined in law as a financial asset or an
exchange instrument, is subject exclusively to the tax established in
item V of the caption of the present article, due on the original
transaction; the minimum rate shall be one per cent, and the
transference of the amount collected is ensured under the following
terms:
I — thirty per cent to the state, the Federal District or the
territory, depending on the origin;
II — seventy per cent to the municipality of origin.
Article 154. The Union may institute:
I — by means of a supplementary law, taxes not instituted in
the preceding article, provided that they are non-cumulative
and not founded on a taxable event or an assessment basis
reserved for the taxes specified in this Constitution;
II — in the imminence or in the event of foreign war,
extraordinary taxes, encompassed or not by its power to tax,
which shall be gradually suppressed when the causes for their
institution have ceased.
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Section IV
State and Federal District taxes
Article 155. The states and the Federal District shall have the power
to institute:
I — taxes on:
a) transfer by death and donation of any property or
rights;
b) transactions relating to the circulation of goods and
to the rendering of interstate and intermunicipal
transportation services and services of communication,
even when such transactions and renderings begin
abroad;
c) ownership of automotive vehicles;
II — additional tax of up to five per cent of the tax paid to the
Union by individuals or corporate bodies, domiciled in the
respective territories, in the quality of the tax instituted in
article 153, III, on capital profits, gains and income.
Paragraph 1 — The tax established in item I, “a”:
I — regarding real property and the respective rights, is within
the powers of the state where the property is located, or of
the Federal District;
II — regarding bonds, titles and credits, is within the powers
of the Federal District or of the state where the probate or
enrollment is processed, or where the donor is domiciled;
III — a supplementary law shall regulate the power for the
institution of such tax:
a) if the donor is domiciled or residing abroad;
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b) if the deceased owned property, was resident or
domiciled or had his probate processed abroad;
IV — the Federal Senate shall establish the maximum rates for
such tax.
Paragraph 2 — The tax established in item I, “b”, shall observe the
following:
I — it shall be non-cumulative, and the tax due in each
transaction concerning the circulation of goods or rendering
of services shall be compensated by the amount charged in
the previous transactions by the same or by another state or
by the Federal District;
II — exemption or non-levy, except as otherwise determined
in the law:
a) it shall not imply credit for compensation by the
amount due in the subsequent transactions or
renderings of services;
b) it shall cause the annulment of the credit for the
previous transactions;
III — it may be selective, based on the essentiality of the
goods or services;
IV — a resolution of the Federal Senate, on the initiative of the
President of the Republic or of one-third of the Senators,
approved by the absolute majority of its members, shall
establish the rates that apply to interstate and export
transactions and renderings of service;
V — the Federal Senate may:
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a) establish minimum rates for domestic transactions, by
means of a resolution on the initiative of one-third and
approved by the absolute majority of its members;
b) establish maximum rates for the same transactions to
settle a specific conflict involving the interest of the
states, by means of a resolution on the initiative of the
absolute majority and approved by two-thirds of its
members;
VI — unless otherwise determined by the states and the
Federal District, under the terms of the provisions of item XII,
“g”, the domestic rates for transactions concerning the
circulation of goods and the rendering of services may not be
lower than those established for interstate transactions;
VII — the following shall be adopted for transactions and
rendering of goods and services to end-users located in
another state:
a) the interstate rate, when it is incumbent upon the
recipient to pay that tax;
b) the internal rate, when it is not incumbent upon the
recipient to pay that tax;
VIII — in the case of subitem “a” of the preceding item, the tax
corresponding to the difference between the internal and the
interstate rate shall be attributed to the state where the
recipient is located;
IX — it shall also be levied:
a) on the entry of goods imported from abroad, even in
the case of goods intended for consumption or for the
fixed assets of the establishment, as well as on services
rendered abroad, and the tax shall be attributed to the
state where the establishment receiving the goods or
services is located;
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b) on the total value of the transaction, when goods are
supplied with services not included in the power to tax
of the municipalities;
X — it shall not be levied:
a) on transactions transferring industrialized products
abroad, excluding semi-finished products as defined in a
supplementary law;
b) on transactions transferring oil, including lubricants,
liquid and gaseous fuels derived therefrom, and electric
energy to other states;
c) on gold, in the cases defined in article 153, paragraph
5;
XI — its assessment basis shall not include the amount of the
tax on industrialized products when the transaction carried
out between taxpayers and concerning a product intended for
industrialization or sale represents a taxable event for both
taxes;
XII — A supplementary law shall:
a) define its taxpayers;
b) provide for tax substitution;
c) regulate the system of tax compensation;
d) establish, for purposes of collection of the tax and
definition of the responsible establishment, the location
of the transactions concerning the circulation of goods
and the rendering of services;
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e) exclude from levy of the tax, in exports to other
countries, services and other products other than those
mentioned in item X, “a”;
f) provide for the event of maintenance of a credit for
services and goods remitted to another state and
exported to other countries;
g) regulate the manner in which, through deliberation by
the states and the Federal District, tax exemptions,
incentives and benefits shall be granted and revoked.
Paragraph 3 — With the exception of the taxes mentioned in item I,
“b”, of the caption of the present article, and articles 153, I and II,
and 156, III, no other tribute shall be levied on transactions
concerning electric energy, liquid and gaseous fuels, lubricants and
minerals of the country.
Section V
Municipal Taxes
Article 156. The municipalities shall have the power to institute
taxes on:
I — urban buildings and urban land property;
II — “inter vivos” transmission, on any account, by onerous
acts, of real property, by nature or physical accession, and of
real rights to property, except for real security, as well as the
assignment of rights to the purchase thereof;
III — retail sales of liquid and gaseous fuels, except for diesel
oil;
IV — services of any nature not included in article 155, I, “b”,
as defined in a supplementary law.
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Paragraph 1 — The tax set forth in item I may be progressive, under
the terms of a municipal law, in order to ensure achievement of the
social function of the property.
Paragraph 2 — The tax set forth in item II:
I — shall not be levied on the transmission of goods or rights
incorporated into the assets of a corporate body to pay up its
capital, nor on the transmission of goods or rights resulting
from the merger, incorporation, division or dissolution of
corporate bodies, unless, in such cases, the predominant
activity of the purchaser is the purchase and sale of such
goods or rights, the lease of real property or leasing;
II — is within the competence of the municipality where the
property is located.
Paragraph 3 — The tax set forth in item III does not exclude the levy
of the state tax set forth in article 155, I, “b”, on the same
transaction.
Paragraph 4 — A supplementary law shall:
I — establish the maximum rates for the taxes set forth in
items III and IV;
II — exclude exportations of services to other countries from
levy of the tax set forth in item IV.
Section VI
Tax Revenue Sharing
Article 157. The following shall be assigned to the states and to the
Federal District:
I — the proceeds from the collection of the federal tax on
income and earnings of any nature, levied at source on
income paid on any account by them, by their autonomous
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government entities and by the foundations they institute and
maintain;
II — twenty per cent of the proceeds from the collection of the
tax that the Union may institute in the exercise of the powers
conferred on it by article 15 4, I.
Article 158. The following shall be assigned to the municipalities:
I — the proceeds from the collection of the federal tax on
income and earnings of any nature, levied at source on
income paid on any account by them, by their autonomous
government entities and by the foundations they institute and
maintain;
II — fifty per cent of the proceeds from the collection of the
federal tax on rural property, concerning real property located
in the municipalities;
III — fifty per cent of the proceeds from the collection of the
state tax on the ownership of automotive vehicles licensed in
the municipalities;
IV — twenty-five per cent of the proceeds from the collection
of the state tax on transactions regarding the circulation of
goods and on rendering of interstate and intermunicipal
transportation services and services of communication.
Sole paragraph — The revenue portions assigned to the
municipalities, as mentioned in item IV, shall be credited in
accordance with the following criteria:
I — at least three-fourths, in proportion to the value added in
the transactions regarding the circulation of goods and the
rendering of services carried out in the territory of the
municipalities;
II — up to one-quarter, in accordance with the provisions of a
state law or, in the case of the territories, of a federal law.
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Article 159. The Union shall remit:
I — of the proceeds from the collection of taxes on income
and earnings of any nature and on industrialized products,
forty-seven per cent as follows:
a) twenty-one and a half of one per cent to the Revenue
Sharing Fund of the States and of the Federal District;
b) twenty-two and a half of one per cent to the Revenue
Sharing Fund of the Municipalities;
c) three per cent, for application in programs to finance
the productive sector of the North, Northeast and
Centre-West Regions, through their regional financial
institutions, in accordance with regional development
plans, the semi-arid area of the Northeast being ensured
of half of the funds intended for that Region, as
provided for in law;
II — of the proceeds from the collection of the tax on
industrialized products, ten per cent to the states and to the
Federal District, in proportion to the value of the respective
exportations of industrialized products.
Paragraph 1 — For purposes of calculating the amount to be
remitted in accordance with the provisions in item I, the portion of
the collected tax on income and earnings of any nature assigned to
the states, to the Federal District and to the municipalities shall be
excluded, as provided for in articles 157, I, and 158, I.
Paragraph 2 — No federated unit may be allocated a portion in
excess of twenty per cent of the amount referred to in item II, and
any excess shall be distributed among the other participants,
maintaining, for the latter, the apportionment criterion established
therein.
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Paragraph 3 — The states shall remit twenty-five per cent of the
funds they may receive as provided in item II to the respective
municipalities, observing the criteria established in article 158, sole
paragraph, I and II.
Article 160. It is forbidden to withhold or to make any restriction to
the remittance and use of the funds assigned in this section to the
states, to the Federal District and to the municipalities, including
any tax additions and increases.
Sole paragraph — This prohibition shall not prevent the Union from
remitting the funds on condition of payment of its credits.
Article 161. A supplementary law shall:
I — define the added value for the purposes provided for in
article 158, sole paragraph, I;
II — establish rules for the remittance of the funds referred to
in article 159, especially the criteria for the sharing of the
funds set forth in its item I, seeking to promote social and
economic balance among states and among municipalities;
III — provide for the monitoring, by the beneficiaries, of the
calculation of the quotas and release of the participations set
forth in articles 157, 158 and 159.
Sole paragraph — The Federal Court of Accounts shall calculate the
quotas referring to the participation funds mentioned in item II.
Article 162. The Union, the states, the Federal District and the
municipalities shall announce, on or before the last day of the
month following that of collection, the amounts of each of the
tributes collected, the funds received, the tax sums remitted and to
be remitted and the numerical expression of the apportionment
criteria.
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Sole paragraph — The data announced by the Union shall be
discriminated by state and by municipality; those of the states, by
municipality.
Chapter II
Public Finances
Section I
General Rules
Article 163. A supplementary law shall make provisions for:
I — public finances;
II — foreign and domestic public debt, including the debt of
the autonomous government agencies, foundations and other
entities controlled by the Government;
III — granting of guarantees by government entities;
IV — issuance and redemption of public debt bonds;
V — supervision of financial institutions;
VI — foreign exchange transactions carried out by bodies and
agencies of the Union, of the states, of the Federal District
and of the municipalities;
VII — compatibility of the functions of the official credit
institutions of the Union, safeguarding all the characteristics
and full operational conditions of those intended for regional
development.
Article 164. The powers of the Union to issue currency shall be
exercised exclusively by the central bank.
Paragraph 1 — It is forbidden for the central bank to grant, either
directly or indirectly, loans to the National Treasury and to any body
or agency which is not a financial institution.
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Paragraph 2 — The central bank may purchase and sell bonds
issued by the National Treasury, for the purpose of regulating the
money supply or the interest rate.
Paragraph 3 — The cash assets of the Union shall be deposited at
the central bank; those of the states, of the Federal District, of the
municipalities and of the bodies or agencies of the Government and
of the companies controlled by the same, at official financial
institutions, excepting the cases established in law.
Section II
Budgets
Article 165. Laws of the initiative of the Executive Power shall
establish:
I — the pluriannual plan;
II — the budgetary directives;
III — the annual budgets.
Paragraph 1 — The law which institutes the pluriannual plan shall
establish, on a regional basis, the directives, objectives and targets
of the federal public administration for the capital expenditures and
other expenses resulting therefrom and for those regarding
continuous programmes.
Paragraph 2 — The law of budgetary directives shall comprise the
targets and priorities of the federal public administration, including
the capital expenditures for the subsequent fiscal year, shall guide
the drawing up of the annual budget law, shall make provisions for
alterations in tax legislation and shall establish the investment
policy for the official financing agencies of foment.
Paragraph 3 — The Executive Power shall, within thirty days after
the closing of each two-month period, publish a summarized report
on budget implementation.
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Paragraph 4 — The national, regional and sectorial plans and
programmes set forth in this Constitution shall be drawn up in
compliance with the pluriannual plan and shall be examined by the
National Congress.
Paragraph 5 — The annual budget law shall include:
I — the fiscal budget regarding the Powers of the Union, their
funds, bodies and entities of the direct and indirect
administration, including foundations instituted and
maintained by the Government;
II — the investment budget of companies in which the Union
directly or indirectly holds the majority of the voting capital;
III — the social welfare budget, comprising all direct and
indirect administration entities or bodies connected with
social security, as well as funds and foundations instituted
and maintained by the Government.
Paragraph 6 — The budget bill shall be accompanied by a
regionalized statement on the effect on revenues and expenses,
deriving from exemptions, amnesties, remissions, subsidies and
benefits of a financial, tributary and credit nature.
Paragraph 7 — The functions of the budgets set forth in paragraph
5, I and II, of the present article, compatible with the pluriannual
plan, shall include the function of reducing interregional
inequalities, according to populational criteria.
Paragraph 8 — The annual budget law shall not contain any
provision extraneous to a forecast of revenues and to the
establishment of expenses, such prohibition not including
authorization to open supplementary credits and to contract credit
transactions, even if by advance of revenues, under the terms of the
law.
Paragraph 9 — A supplementary law shall:
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I — make provisions for the fiscal year, effectiveness, terms,
drawing up and organization of the pluriannual plan, of the
law of budgetary directives and of the annual budget law;
II — establish rules for the financial and property management
of the direct and indirect administration, as well as conditions
for the institution and operation of funds.
Article 166. The bills regarding the pluriannual plan, the budgetary
directives, the annual budget and the additional credits shall be
examined by the two Houses of the National Congress, in
accordance with their common regulations.
Paragraph 1 — It is incumbent upon a permanent joint committee
of Senators and Deputies to:
I — examine and issue its opinion on the bills referred to in
the present article and on the accounts submitted annually by
the President of the Republic;
II — examine and issue its opinion on the national, regional
and sectorial plans and programmes established in this
Constitution, and exercise budgetary monitoring and
supervision, without affecting the operation of the other
committees of the National Congress and of its Houses,
created in accordance with article 58.
Paragraph 2 — Amendments shall be submitted to the joint
committee, which shall report on them, and shall be examined, in
accordance with the regulations, by the Plenary Session of the two
Houses of the National Congress.
Paragraph 3 — Amendments to the bill of the annual budget or to
the bills which modify it may only be approved if:
I — they are compatible with the pluriannual plan and with the
law of budgetary directives;
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II — they specify the necessary funds, allowing only those
resulting from the annulment of expenses, and excluding
those which apply to:
a) allocations for personnel and their charges;
b) debt servicing;
c) constitutional tax transfers to the states, the
municipalities and the Federal District; or
III — they are related:
a) to the correction of errors or omissions; or
b) to the provisions of the text of the bill of law.
Paragraph 4 — Amendments to the bill of budgetary directives may
not be approved if they are incompatible with the pluriannual plan.
Paragraph 5 — The President of the Republic may send a message
to the National Congress to propose modifications in the bills
referred to in the present article as long as the mixed committee
has not started to vote on the part for which an alteration is being
proposed.
Paragraph 6 — The bills of the pluriannual plan law, of the law of
budgetary directives and of the annual budget law shall be
forwarded by the President of the Republic to the National
Congress, under the terms of the supplementary law referred to in
article 165, paragraph 9.
Paragraph 7 — The other rules regarding legislative procedure shall
apply to the bills mentioned in this article, as long as they are not
contrary to the provisions of this section.
Paragraph 8 — Any funds which, as a result of a veto, amendment
or rejection of the bill of the annual budget law, have no
corresponding expenses, may be allocated, as the case may be, by
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means of special or supplementary credits, with prior and specific
legislative authorization.
Article 167. The following are forbidden:
I — to begin programmes or projects not included in the
annual budget law;
II — to incur expenses or to assume direct obligations which
exceed the budgetary or additional credits;
III — to carry out credit transactions, which exceed the
amount of capital expenses, excepting those authorized by
means of supplementary or special credits with a specific
purpose and approved by an absolute majority of the
Legislative Power;
IV — to bind tax revenues to an agency, fund or expense,
excepting the sharing of the proceeds from the collection of
the taxes referred to in articles 158 and 159, the allocation of
funds for the maintenance and development of education, as
determined in article 212, and the rendering of guarantees for
credit transactions by advance of revenues, as established in
article 165, paragraph 8;
V — to open a supplementary or special credit without prior
legislative authorization and without specification of the
corresponding funds;
VI — to reassign, reallocate or transfer funds from one
programming category to another or from one agency to
another without prior legislative authorization;
VII — to grant or use unlimited credits;
VIII — to use, without specific legislative authorization, funds
from the fiscal and social security budgets to supply a
necessity or to cover a deficit of companies, foundations and
funds, including those mentioned in article 165, paragraph 5;
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IX — to institute funds of any nature without prior legislative
authorization.
Paragraph 1 — No investment whose execution exceeds one fiscal
year may be implemented without prior inclusion in the pluriannual
plan, or without a law to authorize such inclusion, subject to crime
of malversation.
Paragraph 2 — Special and extraordinary credits shall be effective in
the fiscal year in which they are authorized, unless the
authorization act is enacted during the last four months of that
fiscal year, in which case, reopened within the limits of their
balances, such credits shall be incorporated into the budget of the
subsequent fiscal year.
Paragraph 3 — The opening of extraordinary credit may only be
allowed to meet unforeseeable and urgent expenses, such as those
resulting from war, internal commotion or public calamity,
observing the provisions in article 62.
Article 168. The funds corresponding to the budgetary allocations,
including the supplementary and special credits, intended for the
bodies of the Legislative and Judicial Powers and for the Public
Prosecution, shall be remitted to them on or before the twentieth of
each month, as provided in the supplementary law referred to in
article 165, paragraph 9.
Article 169. Expenditure with active and pensioned personnel of
the Union, the states, the Federal District and the municipalities
may not exceed the limits established in a supplementary law.
Sole paragraph — The granting of any advantage or increase of
remuneration, the creation of posts or alteration of career
structures, as well as admission of personnel, on any account, by
bodies and entities of the direct or indirect administration,
including foundations instituted and maintained by the
Government, may only be effected:
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I — if there is a prior budgetary allocation sufficient to cover
the estimated personnel expenditure and the accredtions
resulting therefrom;
II — if there is specific authorization in the law of budgetary
directives, excepting the public and the mixed-capital
companies.
Title VII
The Economic and Financial Order
Chapter I
The General Principles of the Economic Activity
Article 170. The economic order, founded on the appreciation of
human work and on free enterprise, is intended to ensure everyone
a life with dignity, in accordance with the dictates of social justice,
with due regard to the following principles:
I — national sovereignty;
II — private property;
III — the social function of property;
IV — free competition;
V — consumer protection;
VI — environment protection;
VII — reduction of regional and social differences;
VIII — pursuit of full employment;
IX — preferential treatment for small Brazilian enterprises of
national capital.
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Sole paragraph — Free exercise of any economic activity is ensured
to everyone, regardless of authorization from government agencies,
except in the cases set forth by law.
Article 171. It is considered:
I — a Brazilian company, one that is organized under Brazilian
laws and has its head-office and management in Brazil;
II — a Brazilian company of national capital, one whose
effective control is directly or indirectly held permanently
either by individuals resident and domiciled in Brazil or by
domestic public entities, the effective control of the company
being understood as the ownership of the majority of its
voting capital and de facto and legal exercise of the decisionmaking
power to manage its activities.
Paragraph 1 — The law may, with regard to a Brazilian company of
national capital:
I — grant special temporary protection and benefits for the
development of activities deemed strategic to the national
defense or vital to the development of the country;
II — establish, whenever it deems a sector vital to national
technological development, the following conditions and
requisites, among others:
a) the requirement that the control mentioned in item II
of the caption be extended to the company’s
technological activities, this being understood as de
facto and legal exercise of the decision-making power to
develop or absorb technology;
b) percentages of capital participation by individuals
domiciled and resident in Brazil or by domestic public
entities.
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Paragraph 2 — In the procurement of goods and services, the
Government shall give preferential treatment to Brazilian companies
of national capital, as established by law.
Article 172. The law shall regulate, based on national interests, the
foreign capital investments, shall encourage reinvestments and
shall regulate the remittance of profits.
Article 173. With exception of the cases set forth in this
Constitution, the direct exploitation of an economic activity by the
State shall only be allowed whenever needed to the imperative
necessities of the national security or to a relevant collective
interest, as defined by law.
Paragraph 1 — The public company, the mixed-capital company and
other entities engaged in economic activities are subject to the
specific legal system governing private companies, including labour
and tax liabilities.
Paragraph 2 — The public companies and the mixed-capital
companies may not enjoy fiscal privileges which are not extended
to companies of the private sector.
Paragraph 3 — The law shall regulate the relationships of public
companies with the State and society.
Paragraph 4 — The law shall repress the abuse of economic power
that aims at the domination of markets, the elimination of
competition and the arbitrary increase of profits.
Paragraph 5 — The law shall, without prejudice to the individual
liability of the managing officers of a legal entity, establish the
liability of the latter, subjecting it to punishments compatible with
its nature, for acts performed against the economic and financial
order and against the savings of the people.
Article 174. As the normative and regulating agent of the economic
activity, the State shall, in the manner set forth by law, perform the
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functions of supervision, incentive and planning, the latter being
binding for the public sector and indicative for the private sector.
Paragraph 1 — The law shall establish the guidelines and bases for
planning of the balanced national development, which shall embody
and make compatible the national and regional development plans.
Paragraph 2 — The law shall support and encourage cooperative
activity and other forms of association.
Paragraph 3 — The State shall favour the organization of the placermining
activity in cooperatives, taking into account the protection
of the environment and the social-economic furthering of the
placer-miners.
Paragraph 4 — The cooperatives referred to in the preceding
paragraph shall have priority in obtaining authorization or grant for
prospecting and mining of placer resources and deposits in the
areas where they are operating and in those established in
accordance with article 21, XXV, as set forth by law.
Article 175. It is incumbent upon the Government, as set forth by
law, to provide public utility services, either directly or by
concession or permit, which will always be through public bidding.
Sole paragraph — The law shall provide for:
I — the operating rules for the public service concession or
permission holding companies, the special nature of their
contract and of the extension thereof, as well as the
conditions of forfeiture, control and termination of the
concession or permit;
II — the rights of the users;
III — tariff policy;
IV — the obligation of maintaining adequate service.
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Article 176. Mineral deposits, under exploitation or not, and other
mineral resources and the hydraulic energy potentials form, for
purpose of exploitation or use, a property separate from that of the
soil and belong to the Union, the concessionaire being guaranteed
of the ownership of the mined product.
Paragraph 1 — Prospecting and mining of the mineral resources
and use of the hydraulic potential mentioned in the caption of this
article may only take place with authorization or concession of the
Union, in the national interests, by Brazilians or by Brazilian
companies of national capital, in the manner set forth by law, which
law shall establish specific conditions when such activities are to be
conducted in the boundary zone or in Indian lands.
Paragraph 2 — The owner of the soil is ensured of participation in
the results of the mining operation, in the manner and amount as
the law shall establish.
Paragraph 3 — Authorization for prospecting shall always be for a
set period of time and the authorization and concession set forth in
this article may not be assigned or transferred, either in full or in
part, without the prior consent of the conceding authority.
Paragraph 4 — Exploitation of a renewable energy potential of small
capacity shall not require an authorization or concession.
Article 177. The following are the monopoly of the Union:
I — prospecting and exploitation of deposits of oil and natural
gas and of other fluid hydrocarbons;
II — refining of national or foreign oil;
III — import and export of the products and basic by-products
resulting from the activities set forth in the preceding items;
IV — ocean transportation of crude oil of national origin or of
basic oil by-products produced in the country, as well as
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pipeline transportation of crude oil, its by-products and
natural gas of any origin;
V — prospecting, mining, enrichment, reprocessing,
industrialization and trading of nuclear mineral ores and
minerals and their by-products.
Paragraph 1 — The monopoly set forth in this article includes the
risks and results deriving from the activities mentioned therein, and
the Union is forbidden to assign or grant concessions of any kind of
participation, either in kind or in legal tender, in the exploitation of
oil or natural gas deposits, excepting the provisions of article 20,
paragraph 1.
Paragraph 2 — The law shall provide with respect to the
transportation and use of radioactive materials within the national
territory.
Article 178. The law shall provide for:
I — the regulation of air, ocean and land transportation;
II — the predominance of national shipowners and ships of
Brazilian flag and registration and of those of the exporting or
importing country;
III — bulk transportation;
IV — the use of fishing and other vessels.
Paragraph 1 — The regulation of international transportation shall
comply with the agreements signed by the Union with due regard
for the principle of reciprocity.
Paragraph 2 — The captains, at least two-thirds of the crew, as well
as those who own or exploit national vessels shall be Brazilian.
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Paragraph 3 — Coastal and internal navigation is reserved for
Brazilian vessels, except in the event of public necessity, as
established by law.
Article 179. The Union, the states, the Federal District and the
municipalities shall afford micro-enterprises and small enterprises,
as defined by law, differentiated legal treatment, seeking to further
them through simplification of their administration, tax, social
security and credit obligations or through elimination or reduction
thereof by means of law.
Article 180. The Union, the states, the Federal District and the
municipalities shall promote and further tourism as a factor of
social and economic development.
Article 181. Compliance with request for a document or for
information of commercial nature, made by a foreign administrative
or judicial authority to an individual or legal entity residing or
domiciled in the country shall depend upon authorization from the
competent authority.
Chapter II
Urban Policy
Article 182. The urban development policy carried out by the
municipal government, according to general guidelines set forth in
the law, is aimed at ordaining the full development of the social
functions of the city and ensuring the well-being of its inhabitants.
Paragraph 1 — The master plan, approved by the City Council,
which is compulsory for cities of over twenty thousand inhabitants,
is the basic tool of the urban development and expansion policy.
Paragraph 2 — Urban property performs its social function when it
meets the fundamental requirements for the ordainment of the city
as set forth in the master plan.
Paragraph 3 — Expropriation of urban property shall be made
against prior and fair compensation in cash.
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Paragraph 4 — The municipal government may, by means of a
specific law, for an area included in the master plan, demand,
according to federal law, that the owner of unbuilt, underused or
unused urban soil provide for adequate use thereof, subject,
successively, to:
I — compulsory parceling or construction;
II — rates of urban property and land tax that are progressive
in time;
III — expropriation with payment in public debt bonds issued
with the prior approval of the Federal Senate, redeemable
within up to ten years, in equal and successive annual
installments, ensuring the real value of the compensation and
the legal interest.
Article 183. An individual who possesses an urban area of up to
two hundred and fifty square meters, for five years, without
interruption or opposition, using it as his or as his family’s home,
shall acquire domain of it, provided that he does not own any other
urban or rural property.
Paragraph 1 — The deed of domain and concession of use shall be
granted to the man or woman, or both, regardless of their marital
status.
Paragraph 2 — This right shall not be recognized for the same
holder more than once.
Paragraph 3 — Public real estate shall not be acquired by
prescription.
Chapter III
Agricultural and Land Policy and Agrarian Reform
Article 184. It is within the power of the Union to expropriate on
account of social interest, for purposes of agrarian reform, the rural
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property which is not performing its social function, against prior
and fair compensation in agrarian debt bonds with a clause
providing for maintenance of the real value, redeemable within a
period of up to twenty years computed as from the second year of
issue, and the use of which shall be defined in the law.
Paragraph 1 — Useful and necessary improvements shall be
compensated in cash.
Paragraph 2 — The decree declaring the property as being of social
interest for agrarian reform purposes empowers the Union to start
expropriation action.
Paragraph 3 — It is incumbent upon a supplementary law to
establish special summary adversary proceeding for expropriation
action.
Paragraph 4 — The budget shall determine each year the total
volume of agrarian debt bonds, as well as the total amount of funds
to meet the agrarian reform programme in the fiscal year.
Paragraph 5 — The transactions of transfer of property
expropriated for agrarian reform purposes are exempt from federal,
state and municipal taxes.
Article 185. Expropriation of the following for agrarian reform
purposes is not permitted:
I — small and medium-size rural property, as defined by law,
provided its owner does not own other property;
II — productive property.
Sole paragraph — The law shall guarantee special treatment for the
productive property and shall establish rules for the fulfillment of
the requirements regarding its social function.
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Article 186. The social function is met when the rural property
complies simultaneously with, according to the criteria and
standards prescribed by law, the following requirements:
I — rational and adequate use;
II — adequate use of available natural resources and
preservation of the environment;
III — compliance with the provisions that regulate labour
relations;
IV — exploitation that favours the well-being of the owners
and labourers.
Article 187. The agricultural policy shall be planned and carried out
as established by law, with the effective participation of the
production sector, comprising producers and rural workers, as well
as the marketing, storage and transportation sectors, with especial
consideration for:
I — the credit and fiscal mechanisms;
II — prices compatible with production costs and the
guarantee of marketing;
III — research and technology incentives;
IV — technical assistance and rural extension;
V — agricultural insurance;
VI — cooperative activity;
VII — rural electricity and irrigation systems;
VIII — housing for the rural workers.
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Paragraph 1 — Agricultural planning includes agroindustrial, stock
raising, fishing and forestry activities.
Paragraph 2 — Agricultural policy and agrarian reform actions shall
be made compatible.
Article 188. The destination given to public and unoccupied lands
shall be made compatible with the agricultural policy and the
national agrarian reform plan.
Paragraph 1 — The alienation or concession in any way of public
lands with an area of more than two thousand and five hundred
hectares to an individual or legal entity, even if through an
intermediary, shall depend on the prior approval of the National
Congress.
Paragraph 2 — Alienations or concessions of public lands for
agrarian reform purposes are excluded from the provisions of the
preceding paragraph.
Article 189. The beneficiaries of distribution of rural land through
agrarian reform shall receive title-deeds or concession of use which
may not be transacted for a period of ten years.
Sole paragraph — The title-deed and the concession of use shall be
granted to the man or the woman, or to both, irrespective of their
marital status, according to the terms and conditions set forth by
law.
Article 190. The law shall regulate and limit the acquisition or lease
of rural property by a foreign individual or legal entity, and shall
establish the cases that shall depend on authorization by the
National Congress.
Article 191. The individual who, not being the owner of rural or
urban property, holds as his own, for five uninterrupted years,
without opposition, an area of land in the rural zone, not exceeding
fifty hectares, making it productive with his labour or that of his
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family, and having his dwelling thereon, shall acquire ownership of
the land.
Sole paragraph — The public real estate shall not be acquired by
prescription.
Chapter IV
The National Financial System
Article 192. The national financial system, structured to promote
the balanced development of the country and to serve the collective
interests, shall be regulated by a supplementary law which shall
also provide for:
I — authorization for the operation of financial institutions, it
being ensured the access of the official and private banks to
all the instruments of the banking financial market, such
institutions being prohibited from taking part in activities not
foreseen in the authorization mentioned in this item;
II — authorization and operation of insurance, social security
and capitalization companies, as well as the official
supervising agency and of the official reinsurance agency;
III — conditions for the participation of foreign capital in the
institutions to which the preceding items refer to, considering
especially:
a) the national interests;
b) the international agreements;
IV — organization, operation and duties of the central bank
and other public and private financial institutions;
V — requirements for the appointment of members of the
board of directors of the central bank and other financial
institutions, as well as their impediments after leaving office;
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VI — creation of a fund or insurance, for the purpose of
protecting the public economy, guaranteeing credits,
investments and deposits up to a certain amount, it being
forbidden the participation of funds of the Union;
VII — the restrictive criteria of the transfer of savings from
regions with income below the national average to others of
greater development;
VIII — the operation of credit cooperatives and the
requirements for them to obtain operational and structural
conditions characteristic of financial institutions.
Paragraph 1 — The authorization referred to in items I and II shall
be non-negotiable and non-transferable, it being allowed the
transfer of control of the incumbent legal entity, and shall be
granted, free of charge, according to the national financial system
law, to a legal entity whose directors are technically capable and of
spotless reputation and which proves that its economic capacity is
compatible with the undertaking.
Paragraph 2 — The financial resources relating to regional
programmes and projects under the responsibility of the Union
shall be deposited at their regional credit institutions and invested
by them.
Paragraph 3 — Real interest rates, including commissions and any
other compensation directly or indirectly related to the concession
of credit, shall not exceed twelve percent per annum; charges above
this limit shall be considered crime of usury and shall be punished
in all of its forms, as the law shall determine.
Title VIII
The Social Order
Chapter I
General Provision
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Article 193. The social order is based on the primacy of work and
aimed at social well-being and justice.
Chapter II
Social Welfare
Section I
General Provisions
Article 194. Social welfare comprises an integrated whole of actions
initiated by the Government and by society, with the purpose of
ensuring the rights to health, social security and assistance.
Sole paragraph — It is incumbent upon the Government, as
provided by the law, to organize social welfare, based on the
following objectives:
I — universality of coverage and service;
II — uniformity and equivalence of benefits and services for
urban and rural populations;
III — selectivity and distributiveness in the provision of
benefits and services;
IV — irreducibility of the value of the benefits;
V — equitable participation in funding;
VI — diversity of financing basis;
VII — democratic and decentralized character of
administrative management, with the participation of the
community, particularly of workers, businessmen and retired
persons.
Article 195. Social welfare shall be financed by all of society, either
directly or indirectly, as provided by law, with funds coming from
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the budgets of the Union, the states, the Federal District and the
municipalities and from the following social contributions:
I — of employers, calculated on the payroll, revenues and
profits;
II — of workers;
III — on the revenues of lotteries.
Paragraph 1 — The revenues of the states, the Federal District and
the municipalities allotted to social welfare shall be included in the
respective budgets, not being part of the budget of the Union.
Paragraph 2 — The proposal for the social welfare budget shall be
drawn up jointly by the agencies responsible for health, social
security and social assistance, in accordance with the goals and
priorities established in the law of budgetary directives, ensuring
each area of the management of its funds.
Paragraph 3 — A legal entity indebted to the social welfare system,
as established in law, may not contract with the Government nor
receive benefits or fiscal or credit incentives therefrom.
Paragraph 4 — The law may institute other sources intended to
guarantee the maintenance or expansion of social welfare, with due
regard to the provisions of article 154, I.
Paragraph 5 — No social welfare benefit or service may be created,
increased or extended without a corresponding source of full
funding.
Paragraph 6 — The social contributions referred to in this article
may only be collected ninety days after the publication of the law
which instituted or modified them, the provisions of article 150, III,
“b”, not applying thereto.
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Paragraph 7 — Social assistance beneficence entities which meet
the requirements established in law shall be exempt from
contribution to social welfare.
Paragraph 8 — Rural producers, sharecroppers and tenant farmers,
placer miners and self-employed fishermen, as well as their
spouses, who exercise their activities within a household system
and without permanent employees shall contribute to social welfare
by applying a rate to the proceeds from the sale of their production
and shall be entitled to the benefits provided by law.
Section II
Health
Article 196. Health is a right of all and a duty of the State and shall
be guaranteed by means of social and economic policies aimed at
reducing the risk of illness and other hazards and at the universal
and equal access to actions and services for its promotion,
protection and recovery.
Article 197. Health actions and services are of public relevance, and
it is incumbent upon the Government to provide, in accordance with
the law, for their regulation, supervision and control, and they shall
be carried out directly or by third parties and also by individuals or
private legal entities.
Article 198. Health actions and public services integrate a
regionalized and hierarchical network and constitute a single
system, organized according to the following directives:
I — decentralization, with a single management in each
sphere of government;
II — full service, priority being given to preventive activities,
without prejudice to assistance services;
III — participation of the community.
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Sole paragraph — The unified health system shall be financed, as
set forth in article 195, with funds from the social welfare budget of
the Union, the states, the Federal District and the municipalities, as
well as from other sources.
Article 199. Health assistance is open to private enterprise.
Paragraph 1 — Private institutions may participate in a
supplementary manner in the unified health system, in accordance
with the directives established by the latter, by means of public law
contracts or agreements, preference being given to philantropic and
non-profit entities.
Paragraph 2 — The allocation of public funds to aid or subsidize
profit-oriented private institutions is forbidden.
Paragraph 3 — Direct and indirect participation of foreign
companies or capital in health assistance in the country is
forbidden, except in cases provided by law.
Paragraph 4 — The law shall provide for the conditions and
requirements which facilitate the removal of organs, tissues and
human substances for the purpose of transplants, research and
treatment, as well as the collection, processing and transfusion of
blood and its by-products, all kinds of sale being forbidden.
Article 200. It is incumbent upon the unified health system, in
addition to other duties, as set forth by the law:
I — to supervise and control proceedings, products and
substances of interest to health and to participate in the
production of drugs, equipments, immunobiological products,
blood products and other imputs;
II — to carry out actions of sanitary and epidemiologic
vigilance as well as those relating to the health of workers;
III — to organize the training of personnel in the area of
health;
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IV — to participate in the definition of the policy and in the
implementation of basic sanitation actions;
V — to foster, within its scope of action, scientific and
technological development;
VI — to supervise and control foodstuffs, including their
nutritional contents, as well as drinks and water for human
consumption;
VII — to participate in the supervision and control of the
production, transportation, storage and use of pschycoactive,
toxic and radioactive substances and products;
VIII — to cooperate in the preservation of the environment,
including that of the workplace.
Section III
Social Security
Article 201. The social security plans, upon contribution, shall
provide for, in accordance with the law:
I — coverage for the events of illness, disability, death,
including those resulting from work accidents, old age and
confinement;
II — aid for the support of the dependents of the low-income
insured;
III — protection to maternity, especially to pregnant women;
IV — protection to workers in a situation of involuntary
unemployment;
V — pension for death of the insured, man or woman, to the
spouse or companion, and dependents, complying with the
provisions of paragraph 5 and of article 202.
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Paragraph 1 — Any person may receive social security benefits,
upon contributions, as established in the social security plans.
Paragraph 2 — Adjustment of the benefits is ensured, to the end
that its real value is permanently maintained, in accordance with
criteria defined by law.
Paragraph 3 — All contribution salaries included in the calculation
of the benefit shall suffer monetary correction.
Paragraph 4 — The amounts habitually earned by an employee, on
any account, shall be incorporated into the salary for purposes of
security contribution and the resulting effects on benefits, in the
cases and in the manner provided by law.
Paragraph 5 — No benefit which replaces the contribution salary or
work earnings of the insured shall have a monthly value lower than
the minimum wage.
Paragraph 6 — The Christmas bonus for the retired and pensioners
shall be based on the value of the earnings in the month of
December of each year.
Paragraph 7 — Social security shall maintain a collective insurance,
of a complementary and optional nature, funded by additional
contributions.
Paragraph 8 — Any subsidy or aid from the Government to profitoriented
private security entities is forbidden.
Article 202. Retirement is ensured, in the manner prescribed by
law, the benefit being calculated on the average of the last thirty-six
contribution salaries, after month by month monetary correction,
and upon verification of the regularity of the adjustments of the
contribution salaries, so as to maintain the real values, and upon
compliance with the following conditions:
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I — at sixty-five years of age for men and sixty years for
women, this age limit being reduced in five years for rural
workers of both sexes and for those who exercise their
activities within a family production system, there included
the rural producer, the placer miner and the self-employed
fisherman;
II — after thirty-five years of work for men, and after thirty
years for women, or after a shorter period, if subject to work
under special conditions, which may be harmful to health or
physical integrity, as defined by law;
III — after thirty years for male teachers and after twenty-five
years for female teachers, for actual exercise of the teaching
function.
Paragraph 1 — Proportional retirement shall be allowed, after thirty
years of work for men and twenty-five years for women.
Paragraph 2 — For purposes of retirement, the reciprocal
computation of the period of contribution in public administration
and in private activity, either rural or urban, shall be ensured, in
which case the various social security systems shall compensate
each other financially, in accordance with criteria established by
law.
Section IV
Social Assistance
Article 203. Social assistance shall be rendered to whomever may
need it, regardless of contribution to social welfare and shall have
as objectives:
I — the protection of the family, maternity, childhood,
adolescence and old age;
II — the assistance of needy children and adolescents;
III — the promotion of the integration into the labour market;
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IV — the habilitation and rehabilitation of the handicapped
and their integration into community life;
V — the guarantee of a monthly benefit of one minimum wage
to the handicapped and to the elderly who prove their
incapability of providing for their own support or having it
provided for by their families, as set forth by law.
Article 204. Government actions in the area of social assistance
shell be implemented with funds from the social welfare budget, as
provided for in article 195, in addition to other sources, and
organized on the basis of the following directives:
I — political and administrative decentralization, the
coordination and the general rules being incumbent upon the
federal sphere, and the coordination of the respective
programmes, upon the state and municipal spheres, as well as
upon beneficent and social assistance entities;
II — participation of the population, by means of
organizations representing them in the formulation of policies
and in the control of actions taken at all levels.
Chapter III
Education, Culture and Sports
Section I
Education
Article 205. Education, which is the right of all and duty of the
State and the family, shall be promoted and fostered with the
cooperation of society, viewing the full development of the person,
his preparation for the exercise of citizenship and his qualification
for work.
Article 206. Education shall be provided on the basis of the
following principles:
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I — equal conditions for access and permanence in school;
II — freedom to learn, teach, research and express thought,
art and knowledge;
III — pluralism of pedagogic ideas and conceptions and
coexistence of public and private teaching institutions;
IV — free public education in official schools;
V — appreciation of teaching professionals, guaranteeing, in
accordance with the law, career plans for public school
teachers, with a professional minimum salary and admittance
exclusively by means of public entrance examinations
consisting of tests and presentation of academic and
professional credentials, a single legal regime being insured
for all the institutions maintained by the Union;
VI — democratic administration of public education, in the
manner prescribed by law;
VII — guarantee of standards of quality.
Article 207. The universities shall have didactic, scientific,
administrative, financial and property management autonomy and
shall comply with the principle of non-dissociation of teaching,
research and extension.
Article 208. The duty of the State towards education shall be
fulfilled by ensuring the following:
I — compulsory and free elementary education, including
those who did not have access to school at the proper age;
II — progressive extension of compulsory and free education
to secondary school;
III — specialized schooling for the handicapped, preferably in
the regular school system;
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IV — assistance to children of zero to six years of age, in daycare
centers and pre-schools;
V — access to higher levels of education, research and artistic
creation according to individual capacity;
VI — provision of regular night courses adequate to the
conditions of the student;
VII — assistance to elementary school students by means of
supplementary programmes providing school material,
transportation, food and health assistance.
Paragraph 1 — The access to compulsory and free education is a
subjective public right.
Paragraph 2 — The competent authority shall be liable for the
failure of the Government in providing compulsory education, or
providing it irregularly.
Paragraph 3 — The Government has the power to take a census of
elementary school students, call them for enrollment and ensure
that parents or guardians see to their children’s attendance to
school.
Article 209. Teaching is open to private enterprise, provided that
the following conditions are met:
I — compliance with the general rules of national education;
II — authorization and evaluation of quality by the
Government.
Article 210. Minimum curricula shall be established for elementary
schools in order to ensure a common basic education and respect
for national and regional cultural and artistic values.
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Paragraph 1 — The teaching of religion is optional and shall be
offered during the regular school hours of public elementary
schools.
Paragraph 2 — Regular elementary education shall be given in the
Portuguese language and Indian communities shall also be ensured
the use of their native tongues and their own learning methods.
Article 211. The Union, the states and the Federal District shall
cooperate in the organization of their educational systems.
Paragraph 1 — The Union shall organize and finance the federal
educational system and that of the territories and shall provide
technical and financial assistance to the states, the Federal District
and the municipalities for the development of their educational
systems, and for the compliance with the priority to be given to
compulsory education.
Paragraph 2 — The municipalities shall act on a priority basis in
elementary and pre-school education.
Article 212. The Union shall apply, annually, never less than
eighteen percent and the states, the Federal District, and the
municipalities, at least twenty-five percent of the tax revenues,
including those resulting from transfers, in the maintenance and
development of education.
Paragraph 1 — The share of tax revenues, transferred by the Union
to the states, the Federal District and the municipalities, or by the
states to the respective municipalities, shall not be considered, for
purposes of the calculation provided for in this article, as revenues
of the government which transfers it.
Paragraph 2 — For purposes of compliance with the caption of this
article, the federal, state and municipal education systems, and the
funds applied in accordance with article 213 shall be taken into
consideration.
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Paragraph 3 — In the distribution of public funds, priority shall be
given to the providing for the needs of compulsory education, as
set forth in the national plan of education.
Paragraph 4 — The supplementary food and health assistance
programmes provided for in article 208, VII, shall be financed with
funds derived from social contributions and other budgetary funds.
Paragraph 5 — The public elementary education shall have, as an
additional source of financing, the social contribution for education,
collected, as provided by law, from companies, which may deduct
from it the funds invested in the fundamental education of their
employees and dependents.
Article 213. Public funds shall be allocated to public schools, and
may be channeled to community, religious or philantropic schools,
as defined by law, which:
I — prove that they do not seek a profit and that they apply
their surplus funds in education;
II — ensure that their assets shall be assigned to another
community, religious or philantropic schools, or to the
Government in case they cease their activities.
Paragraph 1 — The funds provided for in this article may be
allocated to elementary and secondary school scholarships, as
provided by law, for those who prove insufficiency of means, when
there are no vacancies or no regular courses are offered in the
public school system of the place where the student lives, the
Government being placed under the obligation to invest, on a
priority basis, in the expansion of the public system of the locality.
Paragraph 2 — Research and extension activities at university level
may receive financial support from the Government.
Article 214. The law shall establish the pluriannual national plan of
education, with a view to the coordination and development of
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teaching, at its various levels, and to the integration of the
Government actions leading to:
I — eradication of illiteracy;
II — universalization of school assistance;
III — improvement of the quality of education;
IV — professional training;
V — humanistic, scientific and technological advancement of
the country.
Section II
Culture
Article 215. The state shall ensure to all the full exercise of the
cultural rights and access to the sources of national culture and
shall support and foster the appreciation and diffusion of cultural
manifestations.
Paragraph 1 — The State shall protect the manifestations of
popular, Indian and Afro-Brazilian cultures, as well as those of other
groups participating in the national civilization process.
Paragraph 2 — The law shall provide for the establishment of
commemorative dates of high significance for the various national
ethnic segments.
Article 216. The Brazilian cultural heritage consists of the assets of
a material and immaterial nature, taken individually or as a whole,
which bear reference to the identity, action and memory of the
various groups that form the Brazilian society, there included:
I — forms of expression;
II — ways of creating, making and living;
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III — scientific, artistic and technological creations;
IV — works, objects, documents, buildings and other spaces
intended for artistic and cultural manifestations;
V — urban complexes and sites of historical, natural, artistic,
archaeological, paleontological, ecological and scientific value.
Paragraph 1 — The Government shall, with the cooperation of the
community, promote and protect the Brazilian cultural heritage, by
means of inventories, registers, vigilance, monument protection
decrees, expropriation and other forms of precaution and
preservation.
Paragraph 2 — It is incumbent upon the Government, in accordance
with the law, to manage the keeping of the governmental
documents and to make them available for consultation to
whomever may need to do so.
Paragraph 3 — The law shall establish incentives for the production
and knowledge of cultural assets and values.
Paragraph 4 — Damages and threats to the cultural heritage shall
be punished in accordance with the law.
Paragraph 5 — All documents and sites bearing historical
reminiscence to the ancient communities of runaway slaves are
protected as national heritage.
Section III
Sports
Article 217. It is the duty of the State to foment the practice of
formal and informal sports, as a right of each individual, with due
regard for:
I — the autonomy of the directing sports entities and
associations, as to their organization and functioning;
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II — the allocation of public funds with a view to promoting,
on a priority basis, educational sports and, in specific cases,
high performance sports;
III — differentiated treatment for professional and nonprofessional
sports;
IV — the protection and fostering of sports created in the
country.
Paragraph 1 — The Judicial Power shall only accept legal actions
related to sports discipline and competitions after the instances of
the sports courts, as regulated by law, have been exhausted.
Paragraph 2 — The sports courts shall render final judgement
within sixty days, at the most, counted from the date of the filing of
the action.
Paragraph 3 — The Government shall encourage leisure, as a form
of social promotion.
Chapter IV
Science and Technology
Article 218. The State shall promote and foster scientific
development, research and technological expertise.
Paragraph 1 — Basic scientific research shall receive preferential
treatment from the State, with a view to public well-being and the
advancement of science.
Paragraph 2 — Technological research shall be directed mainly to
the solution of Brazilian problems and to the development of the
national and regional productive system.
Paragraph 3 — The State shall support the training of human
resources in the areas of science, research and technology and shall
offer special work means and conditions to those engaged in such
activities.
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Paragraph 4 — The law shall support and foster the companies
which invest in research, creation of technology appropriate for the
country, training and improvement of their human resources and
those which adopt remuneration systems that ensure employees a
share of the economic earnings resulting from the productivity of
their work, apart from the salary.
Paragraph 5 — The states and the Federal District may allocate a
share of their budgetary revenues to public entities which foster
scientific and technological education and research.
Article 219. The domestic market is part of the national patrimony
and shall be supported with a view to permit cultural and socioeconomic
development, the well-being of the population and the
technological autonomy of the country, as set forth in a federal law.
Chapter V
Social Communication
Article 220. The manifestation of thought, creation, expression and
information, in any form, process or medium shall not be subject to
any restriction, with due regard to the provisions of this
Constitution.
Paragraph 1 — No law shall contain any provision which may
represent a hindrance to full freedom of press information in any
medium of social communication, with due regard to the provisions
of article 5, IV, V, X, XIII and XIV.
Paragraph 2 — Any and all censorship of a political, ideological or
artistic nature is forbidden.
Paragraph 3 — It is within the competence of federal law to:
I — regulate public entertainment and shows, it being
incumbent upon the Government to inform on their nature,
the age brackets they are not recommended for and places
and times unsuitable for their exhibition;
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II — establish legal means which afford persons and families
the possibility of defending themselves against radio and
television programmes and schedules which go contrary to
the provisions of article 221, as well as against publicity of
products, practices and services which may be harmful to
health or to the environment.
Paragraph 4 — Commercial advertising of tobacco, alcoholic
beverages, pesticides, medicines and therapies shall be subject to
legal restrictions, in accordance with item II of the preceding
paragraph and shall contain, whenever necessary, a warning
concerning the damages which may be caused by their use.
Paragraph 5 — Social communication media may not, directly or
indirectly, be subject to monopoly or oligopoly.
Paragraph 6 — The publication of a printed social communication
medium shall not depend on license from authorities.
Article 221. The production and programming of radio and
television stations shall comply with the following principles:
I — preference to educational, artistic, cultural and
informative purposes;
II — promotion of national and regional culture and fostering
of independent productions aimed at their diffusion;
III — regional differentiation of cultural, artistic and press
production, according to percentages established in law;
IV — respect for the ethical and social values of the person
and the family.
Article 222. Newspapers and sound broadcasting companies, or
sound and image broadcasting companies shall be owned
exclusively by native Brazilians or those naturalized for more than
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ten years, who shall be responsible for their management and
intellectual orientation.
Paragraph 1 — Legal entities shall not participate in the capital
stock of journalistic and radio broadcasting companies, except for
political parties and for corporations whose capital is exclusively
and nominally owned by Brazilians.
Paragraph 2 — The participation referred to in the preceding
paragraph may only take place through non-voting capital and shall
not exceed thirty percent of the capital stock.
Article 223. The Executive Power has the authority to grant and
renew concession, permission and authorization for radio
broadcasting and sound and image broadcasting services with due
regard to the principle of the complementary roles of private, public
and state systems.
Paragraph 1 — The National Congress shall consider such act in the
period of time set forth in article 64, paragraphs 2 and 4, counted
from the date of receipt of the message.
Paragraph 2 — The non-renewal of the concession or permission
shall depend on approval by at least two-fifths of the National
Congress, in nominal voting.
Paragraph 3 — The act of granting or renewal shall only produce
legal effects after approval by the National Congress, as set forth in
the preceding paragraphs.
Paragraph 4 — Cancellation of a concession or permission prior to
its expiring date shall depend on a court decision.
Paragraph 5 — The term for a concession or permission shall be ten
years for radio stations and fifteen years for television channels.
Article 224. For the purposes of the provisions of this chapter, the
National Congress shall institute, as an auxiliary agency, the Social
Communication Council, in the manner prescribed by law.
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Chapter VI
Environment
Article 225. All have the right to an ecologically balanced
environment, which is an asset of common use and essential to a
healthy quality of life, and both the Government and the community
shall have the duty to defend and preserve it for present and future
generations.
Paragraph 1 — In order to ensure the effectiveness of this right, it is
incumbent upon the Government to:
I — preserve and restore the essential ecological processes
and provide for the ecological treatment of species and
ecosystems;
II — preserve the diversity and integrity of the genetic
patrimony of the country and to control entities engaged in
research and manipulation of genetic material;
III — define, in all units of the Federation, territorial spaces
and their components which are to receive special protection,
any alterations and suppressions being allowed only by means
of law, and any use which may harm the integrity of the
attributes which justify their protection being forbidden;
IV — for the installation of works and activities which may
potentially cause significant degradation of the environment,
to demand, in the manner prescribed by law, a prior
environmental impact study, which shall be made public;
V — control the production, sale and use of techniques,
methods or substances which represent a risk to life, the
quality of life and the environment;
VI — promote environment education in all school levels and
public awareness of the need to preserve the environment;
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VII — protect the fauna and the flora, with prohibition, in the
manner prescribed by law, of all practices which represent a
risk to their ecological function, cause the extinction of
species or subject animals to cruelty.
Paragraph 2 — Those who exploit mineral resources shall be
required to restore the degraded environment, in accordance with
the technical solutions demanded by the competent public agency,
as provided by law.
Paragraph 3 — Procedures and activities considered as harmful to
the environment shall subject the infractors, be they individuals or
legal entities, to penal and administrative sanctions, without
prejudice to the obligation to repair the damages caused.
Paragraph 4 — The Brazilian Amazonian Forest, the Atlantic Forest,
the “Serra do Mar”, the “Pantanal Mato-Grossense” and the coastal
zone are part of the national patrimony, and they shall be used, as
provided by law, under conditions which ensure the preservation of
the environment, there included the use of mineral resources.
Paragraph 5 — The unoccupied lands or lands seized by the states
through discriminatory actions which are necessary to protect the
natural ecosystems are inalienable.
Paragraph 6 — Power plants operated by nuclear reactor shall have
their location defined in federal law and may not otherwise be
installed.
Chapter VII
Family, Children, Adolescents and the Elderly
Article 226. The family, which is the foundation of society, shall
enjoy special protection from the State.
Paragraph 1 — Marriage is civil and the marriage ceremony is free
of charge.
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Paragraph 2 — Religious marriage has civil effects, in accordance
with the law.
Paragraph 3 — For purposes of protection by the State, the stable
union between a man and a woman is recognized as a family entity,
and the law shall facilitate the conversion of such entity into
marriage.
Paragraph 4 — The community formed by either parent and their
descendants is also considered as a family entity.
Paragraph 5 — The rights and the duties of marital society shall be
exercised equally by the man and the woman.
Paragraph 6 — Civil marriage may be dissolved by divorce, after
prior legal separation for more than one year in the cases set forth
in law, or after two years of proven “de facto” separation.
Paragraph 7 — Based on the principles of human dignity and
responsible parenthood, family planning is a free choice of the
couple, it being within the competence of the State to provide
educational and scientific resources for the exercise of this right,
any coercion by official or private agencies being forbidden.
Paragraph 8 — The State shall ensure assistance to the family in the
person of each of its members, creating mechanisms to suppress
violence within the family.
Article 227. It is the duty of the family, the society and the State to
ensure children and adolescents, with absolute priority, the right to
life, health, nourishment, education, leisure, professional training,
culture, dignity, respect, freedom and family and community life, as
well as to guard them from all forms of negligence, discrimination,
exploitation, violence, cruelty and oppression.
Paragraph 1 — The State shall promote full health assistance
programmes for children and adolescents, the participation of nongovernmental
entities being allowed, and with due regard to the
following precepts:
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I — allocation of a percentage of public health care funds to
mother and child assistance;
II — creation of preventive and specialized care programmes
for the physically, sensorially or mentally handicapped, as well
as programmes for the social integration of handicapped
adolescents, by means of training for a profession and for
community life, and by means of facilitating the access to
communal facilities and services, by eliminating prejudices
and architectonic obstacles.
Paragraph 2 — The law shall regulate construction standards for
public sites and buildings and for the manufacturing of public
transportation vehicles, in order to ensure adequate access to the
handicapped.
Paragraph 3 — The right to special protection shall include the
following aspects:
I — minimum age of fourteen years for admission to work,
with due regard to the provisions of article 7, XXXIII;
II — guarantee of social security and labour rights;
III — guarantee of access to school for the adolescent worker;
IV — guarantee of full and formal knowledge of the
determination of an offense, equal rights in the procedural
relationships and technical defense by a qualified
professional, in accordance with the provisions of the specific
protection legislation;
V — compliance with the principles of brevity, exceptionality
and respect to the peculiar conditions of the developing
person, when applying any measures that restrain freedom;
VI — Government fostering, by means of legal assistance, tax
incentives and subsidies, as provided by the law, of the
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protection, through guardianship, of orphaned or abandoned
children or adolescents;
VII — prevention and specialized assistance programmes for
children and adolescents addicted to narcotics or related
drugs.
Paragraph 4 — The law shall severely punish abuse, violence and
sexual exploitation of children and adolescents.
Paragraph 5 — Adoption shall be assisted by the Government, as
provided by law, which shall establish cases and conditions for
adoption by foreigners.
Paragraph 6 — Children born inside or outside wedlock or adopted
shall have the same rights and qualifications, any discriminatory
designation of their filiation being forbidden.
Paragraph 7 — In attending to the rights of children and
adolescents, the provisions of article 204 shall be taken into
consideration.
Article 228. Minors under eighteen years of age may not be held
criminally liable and shall be subject to the rules of the special
legislation.
Article 229. It is the duty of parents to assist, raise and educate
their under-age children and it is the duty of children of age to help
and assist their parents in old-age, need or sickness.
Article 230. It is the duty of the family, society and the State, to
assist the elderly, ensuring their participation in the community,
defending their dignity and well-being and guaranteeing their right
to life.
Paragraph 1 — Assistance programmes for the elderly shall be
carried out preferably within their homes.
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Paragraph 2 — Those over sixty-five years of age are guaranteed
free urban public transportation.
Chapter VIII
Indians
Article 231. Indians shall have their social organization, customs,
languages, creeds and traditions recognized, as well as their
original rights to the lands they traditionally occupy, it being
incumbent upon the Union to demarcate them, protect and ensure
respect for all of their property.
Paragraph 1 — Lands traditionally occupied by Indians are those on
which they live on a permanent basis, those used for their
productive activities, those indispensable to the preservation of the
environmental resources necessary for their well-being and for their
physical and cultural reproduction, according to their uses, customs
and traditions.
Paragraph 2 — The lands traditionally occupied by Indians are
intended for their permanent possession and they shall have the
exclusive usufruct of the riches of the soil, the rivers and the lakes
existing therein.
Paragraph 3 — Hydric resources, including energetic potentials,
may only be exploited, and minerals riches in Indian land may only
be prospected and mined with the authorization of the National
Congress, after hearing the communities involved, and the
participation in the results of such mining shall be ensured to them,
as set forth by the law.
Paragraph 4 — The lands referred to in this article are inalienable
and indisposable and the rights thereto are not subject to
limitation.
Paragraph 5 — The removal of Indian groups from their lands is
forbidden, except “ad referendum” of the National Congress, in case
of a catastrophe or an epidemic which represents a risk to their
population, or in the interest of the sovereignty of the country, after
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decision by the National Congress, it being guaranteed that, under
any circumstances, the return shall be immediate as soon as the
risk ceases.
Paragraph 6 — Acts with a view to occupation, domain and
possession of the lands referred to in this article or to the
exploitation of the natural riches of the soil, rivers and lakes
existing therein, are null and void, producing no legal effects,
except in case of relevant public interest of the Union, as provided
by a supplementary law and such nullity and voidness shall not
create a right to indemnity or to sue the Union, except in what
concerns improvements derived from occupation in good faith, in
the manner prescribed by law.
Paragraph 7 — The provisions of article 174, paragraphs 3 and 4,
shall not apply to Indian lands.
Article 232. The Indians, their communities and organizations have
standing under the law to sue to defend their rights and interests,
the Public Prosecution intervening in all the procedural acts.
Title IX
General Constitutional Provisions
Article 233. For the purposes of article 7, XXIX, rural employers
shall, every five years, present evidence before the Labour Courts
that they have fulfilled their labour obligations toward rural
employees in the presence of the latter and of their union
representative.
Paragraph 1 — Upon evidence that the obligations mentioned in
this article have been fulfilled, the employer shall be exempt from
any charges deriving from those obligations in the respective
period. In case the employee and his representative do not agree
with the evidence presented by the employer, it shall be incumbent
upon the Labour Courts to resolve the dispute.
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Paragraph 2 — The employee shall, in any case, have the right to
claim in court the credits to which he believes he is entitled
referring to the last five years.
Paragraph 3 — The evidence mentioned in this article may be
produced at intervals of less than five years, at the discretion of the
employer.
Article 234. It is forbidden for the Union to assume, directly or
indirectly, as a result of the creation of a state, burdens related to
expenses with inactive personnel and with charges and repayments
of internal or foreign debt of the public administration, including
those of the indirect administration.
Article 235. During the first ten years after the creation of a state
the following basic rules shall be observed:
I — the Legislative Assembly shall be composed of seventeen
Deputies if the population of the state is less than six hundred
thousand inhabitants, and of twenty-four Deputies if it is
equal to or greater than this number, up to one million and
five hundred thousand inhabitants;
II — the Government shall have at most ten Secretariats;
III — the Court of Accounts shall have three members,
appointed by the elected Governor, among Brazilians of
proven good repute and notable knowledge;
IV — the Court of Justice shall have seven Judges;
V — the first Judges shall be appointed by the elected
Governor, chosen in the following manner:
a) five of them from among judges with more than
thirty-five years of age, in exercise within the area of the
new state or of the original one;
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b) two of them from among public prosecutors, under
the same conditions, and from among attorneys of
proved good repute and legal knowledge, with at least
ten years of professional practice, complying with the
procedures set forth in this Constitution;
VI — in the case of a state which originated from a federal
territory, the first five Judges may be chosen from among
judges from any part of the country;
VII — in each judicial district the first Judge, the first Public
Prosecutor and the first Public Defender shall be appointed by
the elected Governor after a public entrance examination of
tests and presentation of academic and professional
credentials;
VIII — until the promulgation of the state Constitution, the
offices of Attorney-General, Advocate-General and Defender-
General shall be held by lawyers of notable knowledge, with at
least thirty-five years of age, appointed by the elected
Governor and removable “ad nutum”;
IX — if the new state results from the transformation of a
federal territory, the transfer of financial burden from the
Union for payment of opting civil servants who belonged to
the Federal Administration, shall take place as follows:
a) in the sixth year after its creation, the state shall
assume twenty percent of the financial burden for the
payment of the civil servants, the remainder continuing
as a responsibility of the Union;
b) in the seventh year, thirty percent shall be added to
the burden of the state and, in the eighth year, the
remaining fifty percent;
X — the appointments subsequent to the first ones, for the
offices mentioned in this article, shall be regulated by the
state Constitution;
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XI — the budgetary personnel expenses shall not exceed fifty
percent of the revenues of the state.
Article 236. Notary and registration services shall be exercised by
private entities by Government delegation.
Paragraph 1 — The law shall regulate the activities, discipline the
civil and criminal liability of notaries, registrars and their officials
and define the supervision of their acts by the Judicial Power.
Paragraph 2 — Federal law shall set forth general rules for the
establishment of the fees for the acts performed by notary and
registration services.
Paragraph 3 — The entrance in notary and registration activities
shall depend on a public entrance examination of tests and
presentation of academic and professional credentials, and an office
shall not be permitted to remain vacant for more than six months,
without the opening of a public examination to fill it, either by
appointment or transference or transfer it.
Article 237. The supervision and control of foreign trade, which are
essential to the defense of national financial interests, shall be
exercised by the Ministry of Finance.
Article 238. The law shall organize the sale and resale of oil-derived
fuels, fuel alcohol and other fuels derived from renewable rawmaterials,
respecting the principles of this Constitution.
Article 239. The revenues from contributions to the Social
Integration Program, created by the Supplementary Law number 7
of September 7, 1970, and to the Civil Servants Asset Development
Programme, created by the Supplementary Law number 8, of
December 3, 1970, shall, from the date of the promulgation of this
Constitution, fund the unemployment insurance programme and
the bonus referred to in paragraph 3 of this article, in the manner
prescribed by law.
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Paragraph 1 — At least forty percent of the funds mentioned in the
caption of this article shall be allocated to finance economic
development programmes, through the National Economic and
Social Development Bank, with remuneration criteria which preserve
their value.
Paragraph 2 — The accrued assets of the Social Integration
Programme and of the Civil Servants Asset Development
Programme shall be preserved, maintaining the criteria for
withdrawal in the situations provided for in specific laws, with the
exception of withdrawal by reason of marriage, it being forbidden
the distribution of the revenues referred to in the caption of this
article, for deposit in the personal accounts of the participants.
Paragraph 3 — Employees who receive monthly remuneration of up
to two minimum wages from employers who contribute for the
Social Integration Programme and for the Civil Servants Asset
Development Programme shall be ensured the annual payment of
one minimum wage, in which value the income of the individual
accounts shall be computed, in the case of those who already
participated in such programmes before the date of the
promulgation of this Constitution.
Paragraph 4 — Funding of the unemployment insurance programme
shall receive an additional contribution from companies in which
employee turnover exceeds the average turnover rate of the sector,
in the manner established by law.
Article 240. The present compulsory contributions calculated on
the payroll, made by employers, intended for private social service
and professional training entities linked to the labour union system,
are excluded from the provisions of article 195.
Article 241. The principle of article 39, paragraph 1, corresponding
to the careers regulated in article 135 of this Constitution, shall
apply to career police officers.
Article 242. The principle of article 206, IV, shall not apply to the
official educational institutions created by state or municipal law
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and in existence on the date of the promulgation of this
Constitution, which are not totally or preponderantly maintained
with public funds.
Paragraph 1 — The teaching of Brazilian History shall take into
account the contribution of the different cultures and ethnic groups
to the formation of the Brazilian people.
Paragraph 2 — The Pedro II School, located in the city of Rio de
Janeiro, shall be maintained in the federal sphere.
Article 243. Tracts of land in any region of the country where illegal
plantations of psychotropic plants are found shall be expropriated
immediately and specifically assigned to the settlement of tenant
farmers, to the culture of foodstuffs and medicinal products, with
no indemnity to the owner and without prejudice to other sanctions
set forth by law.
Sole paragraph — Any and all good of economic value seized as a
result of illegal traffic or narcotics and similar drugs shall be
confiscated and reverted to the benefit of institutions and personnel
specialized in the treatment and cure of drug-addicts and in the
equipping and funding of supervision, control, prevention and
repression of drug traffic crime.
Article 244. The law shall provide for the adaptation of presently
existing sites and buildings of public use and of the public
transportation vehicles in order to guarantee adequate access to the
handicapped, as set forth in article 227, paragraph 2.
Article 245. The law shall provide for the cases and conditions in
which the Government shall give assistance to the needy heirs and
dependents of victims of willful crimes, without prejudice to the
civil responsibility of the perpetrator of the offense.
Brasília, October 5, 1988. — Ulysses Guimarães, President — Mauro
Benevides, First Vice-President — Jorge Arbage, Second Vice-
President — Marcelo Cordeiro, First Secretary — Mario Maia, Second
Secretary — Arnaldo Faria de Sá, Third Secretary — Benedita da
189
Silva, First Substitute Secretary — Luiz Soyer, Second Substitute
Secretary — Sotero Cunha, Third Substitute Secretary — Bernardo
Cabral, Reporter-General — Adolfo Oliveira, Adjunct Reporter —
Antonio Carlos Konder Reis, Adjunct Reporter — José Fogaça,
Adjunct Reporter — Abigail Feitosa — Acival Gomes — Adauto
Pereira — Ademir Andrade — Adhemar de Barros Filho — Adroaldo
Streck — Adylson Motta — Aécio de Borba — Aécio Neves —
Affonso Camargo — Afif Domingos — Afonso Arinos — Afonso
Sancho — Agassiz Almeida — Agripino de Oliveira Lima — Airton
Cordeiro — Airton Sandoval — Alarico Abib — Albano Franco —
Albérico Cordeiro — Albérico Filho — Alceni Guerra — Alcides
Saldanha — Aldo Arantes — Alércio Dias — Alexandre Costa —
Alexandre Puzyna — Alfredo Campos — Almir Gabriel — Aloisio
Vasconcelos — Aloysio Chaves — Aloysio Teixeira — Aluizio Bezerra
— Aluízio Campos — Álvaro Antônio — Álvaro Pacheco — Álvaro
Valle — Alysson Paulinelli — Amaral Netto — Amaury Müller —
Amilcar Moreira — Ângelo Magalhães — Anna Maria Rattes —
Annibal Barcellos — Antero de Barros — Antônio Câmara — Antônio
Carlos Franco — Antonio Carlos Mendes Thame — Antônio de Jesus
— Antonio Ferreira — Antonio Gaspar — Antonio Mariz — Antonio
Perosa — Antônio Salim Curiati — Antonio Ueno — Arnaldo Martins
— Arnaldo Moraes — Arnaldo Prieto — Arnold Fioravante — Arolde
de Oliveira — Artenir Werner — Artur da Távola — Asdrubal Bentes
— Assis Canuto — Âtila Lira — Augusto Carvalho — Áureo Mello —
Basílio Villani — Benedicto Monteiro — Benito Gama — Beth Azize
— Bezerra de Melo — Bocayuva Cunha — Bonifácio de Andrada —
Bosco França — Brandão Monteiro — Caio Pompeu — Carlos Alberto
— Carlos Alberto Caó — Carlos Benevides — Carlos Cardinal —
Carlos Chiarelli — Carlos Cotta — Carlos De’Carli — Carlos Mosconi
— Carlos Sant’Anna — Carlos Vinagre — Carlos Virgílio — Carrel
Benevides — Cássio Cunha Lima — Célio de Castro — Celso
Dourado — César Cals Neto — César Maia — Chagas Duarte —
Chagas Neto — Chagas Rodrigues — Chico Humberto —
Christóvam Chiaradia — Cid Carvalho — Cid Sabóia de Carvalho —
Cláudio Ávila — Cleonâncio Fonseca — Costa Ferreira — Cristina
Tavares — Cunha Bueno — Dálton Canabrava — Darcy Deitos —
Darcy Pozza — Daso Coimbra — Davi Alves Silva — Del Bosco
Amaral — Delfim Netto — Délio Braz — Denisar Arneiro — Dionisio
Dal Prá — Dionísio Hage — Dirce Tutu Quadros — Dirceu Carneiro
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— Divaldo Suruagy — Djenal Gonçalves — Domingos Juvenil —
Domingos Leonelli — Doreto Campanari — Edésio Frias — Edison
Lobáo — Edivaldo Motta — Edme Tavares — Edmilson Valentim —
Eduardo Bonfim — Eduardo Jorge — Eduardo Moreira — Egídio
Ferreira Lima — Elias Murad — Eliel Rodrigues — Eliézer Moreira —
Enoc Vieira — Eraldo Tinoco — Eraldo Trindade — Erico Pegoraro —
Ervin Bonkoski — Etevaldo Nogueira — Euclides Scalco — Eunice
Michiles — Evaldo Gonçalves — Expedito Machado — Ézio Ferreira
— Fábio Feldmann — Fábio Raunheitti — Farabulini Júnior — Fausto
Fernandes — Fausto Rocha — Felipe Mendes — Feres Nader —
Fernando Bezerra Coelho — Fernando Cunha — Fernando Gasparian
— Fernando Gomes — Fernando Henrique Cardoso — Fernando
Lyra — Fernando Santana — Fernando Velasco — Firmo de Castro —
Flavio Palmier da Veiga — Flávio Rocha — Florestan Fernandes —
Floriceno Paixão — França Teixeira — Francisco Amaral — Francisco
Benjamim — Francisco Carneiro — Francisco Coelho — Francisco
Diógenes — Francisco Dornelles — Francisco Küster — Francisco
Pinto — Francisco Rollemberg — Francisco Rossi — Francisco Sales
— Furtado Leite — Gabriel Guerreiro — Gandi Jamil — Gastone Righi
— Genebaldo Correia — Genésio Bernardino — Geovani Borges —
Geraldo Alckmin Filho — Geraldo Bulhões — Geraldo Campos —
Geraldo Fleming — Geraldo Melo — Gerson Camata — Gerson
Marcondes — Gerson Peres — Gidel Dantas — Gil César — Gilson
Machado — Gonzaga Patriota — Guilherme Palmeira — Gumercindo
Milhomem — Gustavo de Faria — Harlan Gadelha — Haroldo Lima
— Haroldo Sabóia — Hélio Costa — Hélio Duque — Hélio Manhães
— Hélio Rosas — Henrique Córdova — Henrique Eduardo Alves —
Heráclito Fortes — Hermes Zaneti — Hilário Braun — Homero Santos
— Humberto Lucena — Humberto Souto — lberê Ferreira — Ibsen
Pinheiro — Inocêncio Oliveira — Irajá Rodrigues —Iram Saraiva —
Irapuan Costa Júnior — Irma Passoni — Ismael Wanderley — Israel
Pinheiro — Itamar Franco — Ivo Cersósimo — Ivo Lech — Ivo
Mainardi — Ivo Vanderlinde — Jacy Scanagatta — Jairo Azi — Jairo
Carneiro — Jalles Fontoura — Jamil Haddad — Jarbas Passarinho —
Jayme Paliarin — Jayme Santana — Jesualdo Cavalcanti — Jesus
Tajra — Joaci Góes — João Agripino — João Alves — João Calmon —
João Carlos Bacelar — João Castelo — João Cunha — João da Mata —
João de Deus Antunes — João Herrmann Neto — João Lobo — João
Machado Rollemberg — João Menezes — João Natal — João Paulo —
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João Rezek — Joaquim Bevilácqua — Joaquim Francisco — Joaquim
Hayckel — Joaquim Sucena — Jofran Frejat — Jonas Pinheiro —
Jonival Lucas — Jorge Bornhausen — Jorge Hage — Jorge Leite —
Jorge Uequed — Jorge Vianna — José Agripino — José Camargo —
José Carlos Coutinho — José Carlos Grecco — José Carlos Martinez
— José Carlos Sabóia — José Carlos Vasconcelos — José Costa —
José da Conceição — José Dutra — José Egreja — José Elias — José
Fernandes — José Freire — José Genoíno — José Geraldo — José
Guedes — José Ignácio Ferreira — José Jorge — José Lins — José
Lourenço — José Luiz de Sá — José Luiz Maia — José Maranhão —
José Maria Eymael — José Maurício — José Melo — José Mendonça
Bezerra — José Moura — José Paulo Bisol — José Queiroz — José
Richa — José Santana de Vasconcellos — José Serra — José Tavares
— José Teixeira — José Thomaz Nonô — José Tinoco — José Ulísses
de Oliveira — José Viana — José Yunes — Jovanni Masini — Juarez
Antunes — Júlio Campos — Júlio Costamilan — Jutahy Júnior —
Jutahy Magalhães — Koyu Iha — Lael Varella — Lavoisier Maia —
Leite Chaves — Lélio Souza — Leopoldo Peres — Leur Lomanto —
Levy Dias — Lézio Sathler — Lídice da Mata — Louremberg Nunes
Rocha — Lourival Baptista — Lúcia Braga — Lúcia Vânia — Lúcio
Alcântara — Luís Eduardo — Luís Roberto Ponte — Luiz Alberto
Rodrigues — Luiz Freire — Luiz Gushiken — Luiz Henrique — Luiz
Inácio Lula da Silva — Luiz Leal — Luiz Marques — Luiz Salomão —
Luiz Viana Neto — Luiz Viana Neto — Maluly Neto — Manoel Castro
— Manoel Moreira — Manoel Ribeiro — Mansueto de Lavor —
Manuel Viana — Márcia Kubitschek — Márcio Braga — Márcio
Lacerda — Marco Maciel — Marcondes Gadelha — Marcos Lima —
Marcos Queiroz — Maria de Lourdes Abadia — Maria Lúcia — Mário
Assad — Mário Covas — Mário de Oliveira — Mário Lima — Marluce
Pinto — Matheus Iensen — Mattos Leão — Maurício Campos —
Maurício Correa — Maurício Fruet — Maurício Nasser — Maurício
Pádua — Maurílio Ferreira Lima — Mauro Borges — Mauro Campos
— Mauro Miranda — Mauro Sampaio — Max Rosenmann — Meira
Filho — Melo Freire — Mello Reis — Mendes Botelho — Mendes
Canale — Mendes Ribeiro — Messias Góis — Messias Soares —
Michel Temer — Milton Barbosa — Milton Lima — Milton Reis —
Miraldo Gomes — Miro Teixeira — Moema São Thiago — Moysés
Pimentel — Mozarildo Cavalcanti — Mussa Demes — Myrian Portella
— Nabor Júnior — Naphtali Alves de Souza — Narciso Mendes —
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Nelson Aguiar — Nelson Carneiro — Nelson Jobim — Nelson Sabrá
— Nelson Seixas — Nelson Wedekin — Nelton Friedrich — Nestor
Duarte — Ney Maranhão — Nilso Sguarezi — Nilson Gibson — Nion
Albernaz — Noel de Carvalho — Nyder Barbosa — Octávio Elísio —
Odacir Soares — Olavo Pires — Olívio Dutra — Onofre Corrêa —
Orlando Bezerra — Orlando Pacheco — Oscar Corrêa — Osmar
Leitão — Osmir Lima — Osmundo Rebouças — Osvaldo Bender —
Osvaldo Coelho — Osvaldo Macedo — Osvaldo Sobrinho — Oswaldo
Almeida — Oswaldo Trevisan — Ottomar Pinto — Paes de Andrade
— Paes Landim — Paulo Delgado — Paulo Macarini — Paulo
Marques — Paulo Mincarone — Paulo Paim — Paulo Pimentel —
Paulo Ramos — Paulo Roberto — Paulo Roberto Cunha — Paulo Silva
— Paulo Zarzur — Pedro Canedo — Pedro Ceolin — Percival Muniz
— Pimenta da Veiga — Plínio Arruda Sampaio — Plínio Martins —
Pompeu de Sousa — Rachid Saldanha Derzi — Raimundo Bezerra —
Raimundo Lira — Raimundo Rezende — Raquel Cândido — Raquel
Capiberibe — Raul Belém — Raul Ferraz — Renan Calheiros —
Renato Bernardi — Renato Johnsson — Renato Vianna — Ricardo
Fiuza — Ricardo Izar — Rita Camata — Rita Furtado — Roberto
Augusto — Roberto Balestra — Roberto Brant — Roberto Campos —
Roberto D’Ávila — Roberto Freire — Roberto Jefferson — Roberto
Rollemberg — Roberto Torres — Roberto Vital — Robson Marinho
— Rodrigues Palma — Ronaldo Aragão — Ronaldo Carvalho —
Ronaldo Cezar Coelho — Ronan Tito — Ronaro Corrêa — Rosa Prata
— Rose de Freitas — Rospide Netto — Rubem Branquinho — Rubem
Medina — Ruben Figueiró — Ruberval Pilotto — Ruy Bacelar — Ruy
Nedel — Sadie Hauache — Salatiel Carvalho — Samir Achôa —
Sandra Cavalcanti — Santinho Furtado — Sarney Filho — Saulo
Queiroz — Sérgio Brito — Sérgio Spada — Sérgio Werneck — Severo
Gomes — Sigmaringa Seixas — Sílvio Abreu — Simão Sessim —
Siqueira Campos — Sólon Borges dos Reis — Stélio Dias — Tadeu
França — Telmo Kirst — Teotonio Vilela Filho — Theodoro Mendes
— Tito Costa — Ubiratan Aguiar — Ubiratan Spinelli — Uldurico
Pinto — Valmir Campelo — Valter Pereira — Vasco Alves — Vicente
Bogo — Victor Faccioni — Victor Fontana — Victor Trovão — Vieira
da Silva — Vilson Souza — Vingt Rosado — Vinicius Cansanção —
Virgildásio de Senna — Virgílio Galassi — Virgílio Guimarães — Vitor
Buaiz — Vivaldo Barbosa — Vladimir Palmeira — Wagner Lago —
193
Waldec Ornélas — Waldyr Pugliesi — Walmor de Luca — Wilma Maia
— Wilson Campos — Wilson Martins — Ziza Valadares.
PARTICIPANTS: Álvaro Dias — Antônio Britto — Bete Mendes —
Borges da Silveira — Cardoso Alves — Edivaldo Holanda — Expedito
Júnior — Fadah Gattass — Francisco Dias — Geovah Amarante —
Hélio Gueiros — Horácio Ferraz — Hugo Napoleão — Iturival
Nascimento — Ivan Bonato — Jorge Medauar — José Mendonça de
Morais — Leopoldo Bessone — Marcelo Miranda — Mauro Fecury —
Neuto de Conto — Nivaldo Machado — Oswaldo Lima Filho — Paulo
Almada — Prisco Viana — Ralph Biasi — Rosário Congro Neto —
Sérgio Naya — Tidei de Lima.
IN MEMORIAM: Alair Ferreira — Antônio Farias — Fábio Lucena —
Norberto Schwantes — Virgílio Távora.
Act of the Temporary Constitutional Provisions
Article 1. The President of the Republic, the President of the
Supreme Federal Court and the members of the National Congress
shall take an oath to maintain, defend and comply with the
Constitution, upon and on the date of the promulgation thereof.
Article 2. On September 7, 1993, the voters shall define, through a
plebiscite, the governmental form (republic or constitutional
monarchy) and system (parliamentary or presidential) to be in force
in Brazil.
Paragraph 1 — The free diffusion of these forms and systems
through public utility mass communication vehicles shall be free of
charge.
Paragraph 2 — The Superior Electoral Court shall, upon
promulgation of the Constitution, issue the regulatory rules for this
article.
Article 3. The revision of the Constitution shall be effected after
five years as of its promulgation by the vote of the absolute
194
majority of the members of the National Congress in a unicameral
session.
Article 4. The term of office of the incumbent President of the
Republic shall end on March 15, 1990.
Paragraph 1 — The first election for President of the Republic after
promulgation of the Constitution shall be held on November 15,
1989, and the provisions of article 16 of the Constitution shall not
apply thereto.
Paragraph 2 — The irreducibility of the present representation of
the states and the Federal District in the Chamber of Deputies is
ensured.
Paragraph 3 — The terms of office of the Governors and of the Vice-
Governors elected on November 15, 1986 shall end on March 15,
1991.
Paragraph 4 — The terms of office of the present Mayors, Vice-
Mayors and City Councilmen shall end on January 1, 1989, with the
taking of office of those elected.
Article 5. The provisions of article 16 and the rules of article 77 of
the Constitution do not apply to the elections scheduled for
November 15, 1988.
Paragraph 1 — For the elections of November 15, 1988, an electoral
domicile in the electoral district of at least four months prior to the
election shall be required, and the candidates who fulfill this
requirement and satisfy the other legal requisites may register with
the Electoral Courts after the Constitution is promulgated.
Paragraph 2 — In the absence of a specific legal rule, it shall be
incumbent upon the Superior Electoral Court to issue the rules
required to hold the 1988 elections, with due regard for the laws in
force.
195
Paragraph 3 — Present Federal Congressmen and State
Representatives elected for the office of Vice-Mayor, if called to
exercise the office of Mayor, shall not lose their parliamentary
office.
Paragraph 4 — The number of Councilmen per municipality shall be
determined, for the representation to be elected in 1988, by the
respective Regional Electoral Court, with due regard for the limits
established in article 29, IV, of the Constitution.
Paragraph 5 — For the elections to be held on November 15, 1988,
except for those who already hold an elective office, the spouse and
relatives by blood or marriage up to the second degree or relatives
by adoption of the President of the Republic, of a State Governor, or
the Governor of the Federal District and of a Mayor who have served
more than half of their term of office, are ineligible for any office
within the jurisdiction of the office holder.
Article 6. Federal Congressmen may, during the six months
following the promulgation of the Constitution, and forming a
group of at least thirty, request from the Superior Electoral Court
the registration of a new political party, the petition to be
accompanied by the respective manifest, the by-laws and the
program duly signed by the petitioners.
Paragraph 1 — The provisional registration, which shall be promptly
granted by the Superior Electoral Court, according to this article,
grants to the new party all rights, duties and prerogatives of
existing parties, among which the right to take part, under its own
name, in the elections to be held during the twelve months
following its formation.
Paragraph 2 — The new party shall automatically lose its provisional
registration if, within twenty-four months of its formation, it fails to
obtain the final registration at the Superior Electoral Court, as
established by law.
Article 7. Brazil shall strive for the creation of an international court
of human rights.
196
Article 8. Amnesty is granted to those who, during the period from
September 18, 1946 to the date the Constitution is promulgated,
have been affected, exclusively for political reasons, by institutional
or supplementary acts of exception, to those encompassed in
Legislative Decree No. 18, of December 15, 1961, and to those
affected by Decree-Law No. 846 of September 12, 1969, ensuring
the promotions, in their inactivity, to the office, position or rank to
which they would be entitled if they were in active service, with due
regard for the periods of continuous activity set forth in laws and
regulations in force, respecting the characteristics and peculiarities
of the careers of civil and military public servants and complying
with the respective legal regimes.
Paragraph 1 — The provisions of this article shall only generate
financial effects as from the promulgation of the Constitution, any
kind of retroactive compensation being forbidden.
Paragraph 2 — The benefits established in this article are ensured
to workers of the private sector, union officers and representatives
who, for exclusively political reasons, have been punished,
dismissed or compelled to leave the remunerated activities they had
been performing, as well as to those who have been prevented from
performing their professional activities by virtue of ostensive
pressures or secret official procedures.
Paragraph 3 — Reparation of economic nature shall be granted, as
set forth by a law to be proposed by the National Congress and to
become effective within twelve months counted from the
promulgation of the Constitution, to citizens who were prevented
from performing, as civilians, a specific professional activity by
virtue of Reserved Ordinances of the Ministry of the Air Force No. S-
50-GM5 of June 19, 1964, and No. S-285-GM5.
Paragraph 4 — To those who, by virtue of institutional acts, have
gratuitously exercised elective offices of city councilmen, the
respective periods shall be computed for purposes of social security
and retirement from civil service.
197
Paragraph 5 — The amnesty granted under this article applies to
civil servants and to employees at all levels of government or at its
foundations, state-owned companies or mixed-capital companies
under state control, except at the military Ministries, who have been
punished or dismissed from professional activities interrupted by
decision of their employees, as well as by virtue of Decree-Law No.
1632 of August 4, 1978, or for exclusively political reasons, the
readmission of those affected as from 1979 being assured, with
due regard for the provisions of paragraph 1.
Article 9. Those who, for exclusively political reasons, were
disfranchised or had their political rights suspended during the
period from July 15 to December 31, 1969, by an act of the then
President of the Republic, may request the Supreme Federal Court
to acknowledge the rights and advantages interrupted by the
punitive acts, provided that they prove that such acts were marked
by gross flaws.
Sole paragraph — The Supreme Federal Court shall pronounce its
decision within one hundred and twenty days as from the request of
the interested party.
Article 10. Until the supplementary law referred to in article 7, I, of
the Constitution is promulgated:
I — the protection referred to therein is limited to the
increase, to four times, of the percentage set forth in article 6,
caption and paragraph 1, of the Law No. 5107 of September
13, 1966;
II — arbitrary dismissal or dismissal without just cause is
prohibited:
a) of an employee elected to an executive office on
internal accident prevention committees, from the date
of the registration of his candidacy to one year after the
end of his term of office;
198
b) of a pregnant employee, from the date the pregnancy
is confirmed to five months after delivery.
Paragraph 1 — Until such time as the law shall regulate the
provisions of article 7, XIX, of the Constitution, the period of
paternity leave referred to in the item is of five days.
Paragraph 2 — Until further legal provisions are established, the
contributions to fund the activities of rural unions shall be collected
together with the rural property tax, by the same collecting agency.
Paragraph 3 — Upon the first proof of fulfillment of labour
obligations by rural employers, as established by article 233, after
the promulgation of the Constitution, the conformity of the contract
to the law and of the correction of the labour obligations over the
entire period shall be certified before the Labour Courts.
Article 11. Each Legislative Assembly endowed with constituent
powers, shall draft the State Constitution within one year as from
the promulgation of the Federal Constitution, with due regard for
the principles of the latter.
Sole paragraph — After the promulgation of the State Constitution,
it shall be incumbent upon the City Council, within six months, to
vote the respective Organic Law, in two discussion and voting turns,
with due regard for the provisions of the Federal and State
Constitutions.
Article 12. Within ninety days of the promulgation of the
Constitution, a Land Studies Committee shall be created, with ten
members appointed by the National Congress and five members by
the Executive Power, for the purpose of submitting studies
concerning the national territory and draft bills regarding new
territorial units, particularly in the Legal Amazonian Region and in
areas pending solution.
Paragraph 1 — Within one year the Committee shall submit the
results of its studies to the National Congress so that, in
accordance with the Constitution, such studies may be examined
199
during the twelve subsequent months, the committee being
dissolved shortly thereafter.
Paragraph 2 — The states and the Municipalities shall, within three
years of the promulgation of the Constitution, provide, by
agreement or adjustment, for the demarcation of their borders
presently in litigation, and they may for such purpose effect area
alterations and compensations which allow for natural phenomena,
historical criteria, administrative ease and convenience of the
bordering populations.
Paragraph 3 — At the request of the interested states and
municipalities, the Union may undertake the demarcation work.
Paragraph 4 — If, three years after the promulgation of the
Constitution, the demarcation work has not been completed, the
Union shall determine the borders of the areas under litigation.
Paragraph 5 — The present borders of the state of Acre with the
states of Amazonas and Rondonia are hereby recognized and
ratified according to cartographic and geodesic surveys conducted
by the Tripartite Committee formed by representatives of the states
and of the specialized technical services of the Brazilian Institute of
Geography and Statistics.
Article 13. The state of Tocantins is created by separation of the
area described in this article and its installation shall occur on the
forty-sixth day after the election foreseen in paragraph 3 but not
before January 1, 1989.
Paragraph 1 — The state of Tocantins is part of the Northern Region
and borders with the state of Goiás along the northern boundaries
of the municipalities of São Miguel do Araguaia, Porangatu,
Formoso, Minaçu, Cavalcante, Monte Alegre de Goiás and Campos
Belos, maintaining the present eastern, northern and western
borders of Goiás with the states of Bahia, Piauí, Maranhão, Pará and
Mato Grosso.
200
Paragraph 2 — The Executive Power shall designate one of the cities
of the state as its provisional capital until such time as the final seat
of government is approved by the Constituent Assembly.
Paragraph 3 — The Governor, the Vice-Governor, the Senators and
the Federal and State Representatives shall be elected, in a single
voting, within seventy-five days after the promulgation of the
Constitution, but not before November 15, 1988, at the discretion
of the Superior Electoral Court, with due regard, among others, for
the following rules:
I — the deadline for affiliation of the candidates to the parties
shall end seventy-five days prior to the date of the elections;
II — the dates for the regional party conventions for the
purpose of deciding upon coalitions and choice of candidates,
for the presentation of the application for registration of the
candidates chosen and for the other legal procedures shall be
determined by the Electoral Courts in a special schedule;
III — the holders of state or municipal offices who have not
left such offices on a definitive basis seventy-five days prior to
the date of the elections foreseen in this paragraph shall be
ineligible;
IV — the present regional committees of the political parties
of the state of Goiás are maintained, it being incumbent upon
the national executive committees to appoint provisional
committees for the state of Tocantins, in accordance with and
for the purposes established by law.
Paragraph 4 — The terms of office of Governor, Vice-Governor and
Federal and State Representatives elected in accordance with the
preceding paragraph shall end concurrently with those of the other
units of the Federation; the term of office of the least voted elected
Senator shall end on the same occasion and the terms of office of
the other two Senators shall end together with those of the Senators
elected in 1986 in the other states.
201
Paragraph 5 — The State Constituent Assembly shall be installed on
the forty-sixth day as from the election of its members, but not
before January 1, 1989, under the chairmanship of the President of
the Regional Electoral Court of the state of Goiás, and shall on the
same date inaugurate the elected Governor and Vice-Governor.
Paragraph 6 — The legal rules regulating the division of the state of
Mato Grosso shall apply, where appropriate, to the creation and
installation of the state of Tocantins with due regard for the
provisions of article 234 of the Constitution.
Paragraph 7 — The state of Goiás shall be released from debts and
burdens resulting from undertakings within the territory of the new
state, and the Union is authorized, at its discretion, to take over
such debts.
Article 14. The federal territories of Roraima and of Amapá are
transformed into federated states, their present geographic borders
being maintained.
Paragraph 1 — The installation of the states shall occur upon the
inauguration of the governors elected in 1990.
Paragraph 2 — The rules and criteria adopted for the creation of the
state of Rondônia shall apply to the transformation and installation
of the states of Roraima and Amapá, with due regard for the
provisions of the Constitution and of this Act.
Paragraph 3 — The President of the Republic shall, within forty-five
days of the promulgation of the Constitution, submit for
examination by the Federal Senate the names of the governors of
the states of Roraima and Amapá who shall exercise the Executive
Power until the new states are installed with the inauguration of the
elected governors.
Paragraph 4 — Until the transformation into states is effected
according to this article, the federal territories of Roraima and
Amapá shall enjoy the benefits of transfer of funds foreseen in
202
article 159, I, “a”, of the Constitution and article 34, paragraph 2, II,
of this Act.
Article 15. The federal territory of Fernando de Noronha is
extinguished and its area reincorporated into the state of
Pernambuco.
Article 16. Until the provisions of article 32, paragraph 2, of the
Constitution are implemented, it shall be incumbent upon the
President of the Republic, with the approval of the Federal Senate,
to appoint the Governor and Vice-Governor of the Federal District.
Paragraph 1 — The authority of the Legislative Chamber of the
Federal District shall, until such time as it is installed, be exercised
by the Federal Senate.
Paragraph 2 — The accounting, financial, budgetary, operational
and property supervision of the Federal District shall, until such
time as the Legislative Chamber is installed, be carried out by the
Federal Senate, by means of external control, with the assistance of
the Court of Accounts of the Federal District, with due regard for
the provisions of article 72 of the Constitution.
Paragraph 3 — The assets of the Federal District shall include those
which may be assigned to it by the Union as established by law.
Article 17. Earnings, compensation, advantages and additional pay,
as well as retirement pensions which are being received in
disagreement with this Constitution, shall be reduced immediately
to the limits arising therefrom, it not being allowed, in this case, to
invoke a vested right or receipt of excess on any account.
Paragraph 1 — It is ensured the cumulative occupation of two
medical offices or jobs that are held by a military physician in the
direct or indirect government administration.
Paragraph 2 — The cumulative occupation of two offices or jobs
reserved for health professionals is ensured if held in the direct or
indirect government administration.
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Article 18. The legal effects of any legislative or administrative act
drawn up as of the installment of the National Constituent
Assembly, with the objective of granting tenure to a public servant
admitted without a public entrance examination to the direct or
indirect administration, including the foundations instituted and
maintained by the Government, shall be extinguished.
Article 19. Civil public servants of the Union, the states, the Federal
District and the municipalities, of the direct administration,
autonomous government entities and government foundations,
who, on the date of promulgation of the Constitution, have been in
office for at least five continuous years, and who have not been
admitted as established in article 37 of the Constitution, are
deemed to have tenure in the public service.
Paragraph 1 — The period of service of the civil servants referred to
in this article shall be considered as a credential when they take a
competitive examination for the purpose of acquiring tenure, as set
forth by the law.
Paragraph 2 — The provisions of this article do not apply to the
holders of trust or commission functions and jobs nor to those who
are legally subject to free discharge, whose period of service shall
not be computed for the purposes of the caption of this article,
exception being made for public servants.
Paragraph 3 — The provisions of this article shall not apply to
superior education professors as set forth by the law.
Article 20. Within one hundred and eighty days, the rights of
inactive public servants and pensioners shall be revised and the
income and pensions owed to them shall be updated in order to
adjust them to the provisions of the Constitution.
Article 21. Judges vested in office for a limited period of time, who
have been admitted by means of a public entrance examination of
tests and presentation of academic and professional credentials and
who are in office on the date this Constitution is promulgated, shall
204
achieve tenure with due regard for the probation period and they
shall become part of a staff in extinction, maintaining the authority,
prerogatives and restrictions of the laws to which they were subject,
except for those inherent to the temporary nature of their
investiture.
Sole paragraph — The retirement of the judges referred to in this
article shall be regulated by the rules established for other state
judges.
Article 22. Public defenders vested in office before the date of
installment of the National Constituent Assembly are ensured the
right to opt for the career, complying with the guarantees and
prohibitions set forth in article 134, sole paragraph, of the
Constitution.
Article 23. Until such time as the regulations of article 21, XVI of
the Constitution are issued, the present holders of the office of
federal censor shall continue to exercise functions compatible with
such office in the Federal Police Department, with due regard for
the constitutional provisions.
Sole paragraph — Such law shall provide for the reassignment of
the Federal Censors as set forth in this article.
Article 24. The Union, the states, the Federal District and the
municipalities shall issue laws establishing criteria to make their
staffs compatible with the provisions of article 39 of the
Constitution and with the administrative reorganization resulting
therefrom, within eighteen months as from the promulgation of the
Constitution.
Article 25. As of one hundred and eighty days after the
promulgation of the Constitution, such period being subject to
extension by law, all legal provisions which confer or delegate to an
agency of the Executive Power authority assigned to the National
Congress by the Constitution shall be revoked, especially those
referring to:
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I — normative action;
II — allocation or transfer of funds of any kind.
Paragraph 1 — The decree-laws pending before the National
Congress and not examined by it before the Constitution is
promulgated shall have their effects regulated as follows:
I — if issued up to September 2, 1988, they shall be examined
by the National Congress within one hundred and eighty days
as from the date of the promulgation of the Constitution, not
counting the parliamentary recess;
II — if the time limit defined in the preceding item elapses
without the decree-laws mentioned therein having been
examined, they shall be considered rejected;
III — in the cases defined in items I and II, the acts performed
during the effectiveness of the respective decree-laws shall be
fully valid and the National Congress may, if necessary,
legislate on their remaining effects.
Paragraph 2 — The decree-laws issued between September 3, 1988
and the date of the promulgation of the Constitution shall be
converted on such date into provisional measures, with the rules
established in article 62, sole paragraph, being applied thereto.
Article 26. Within one year of promulgation of the Constitution, the
National Congress shall promote, through a joint Committee, for an
analytical and expert examination of the acts and facts which
generate the Brazilian foreign indebtedness.
Paragraph 1 — The Committee shall have the legal authority of a
parliamentary investigation Committee for purposes of requisition
and summons, and shall act with the assistance of the Court of
Accounts of the Union.
Paragraph 2 — If irregularities are found, the National Congress
shall propose that the Executive Power declare the act null and void
206
and shall forward the case to the Federal Public Prosecution, which
shall take the appropriate action within sixty days.
Article 27. The Superior Court of Justice shall be installed under the
Presidency of the Supreme Federal Court.
Paragraph 1 — Until such time as the Superior Court of Justice is
installed, the Supreme Federal Court shall perform the duties and
responsibilities defined in the previous constitutional order.
Paragraph 2 — The initial composition of the Superior Court of
Justice shall be obtained:
I — by reassignment of Justices of the Federal Court of
Appeals;
II — by appointment of the Justices required to complete the
number established in the Constitution.
Paragraph 3 — For the purposes of the Constitution, the present
Justices of the Federal Court of Appeals shall be considered as
belonging to the class they came from at the time of their
appointment.
Paragraph 4 — Once the Court has been installed, the retired
Justices of the Federal Court of Appeals shall automatically become
retired Justices of the Superior Court of Justice.
Paragraph 5 — The Justices referred to in paragraph 2, II, shall be
indicated in a triple list by the Federal Court of Appeals, with due
regard for the provisions of article 104, sole paragraph, of the
Constitution.
Paragraph 6 — Five Federal Regional Courts of Justice are hereby
created, to be installed within six months of the promulgation of
the Constitution, with the jurisdiction and seat assigned to them by
the Federal Court of Appeals, taking into account the number of
lawsuits and their geographical location.
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Paragraph 7 — Until such time as the Federal Regional Courts of
Justice are installed, the Federal Court of Appeals shall exercise the
authority attributed to them throughout the national territory, it
being incumbent upon it their installation and indication of
candidates for all initial offices by means of a triple list which may
include federal judges of any region, with due regard for the
provisions of paragraph 9.
Paragraph 8 — As from promulgation of the Constitution, it is
forbidden to fill vacant offices of Justices of the Federal Court of
Appeals.
Paragraph 9 — If there is no federal judge with the minimum period
of service set forth in article 107, II, of the Constitution, the
promotion may be granted to a judge with less than five years of
office.
Paragraph 10 — It is incumbent upon the Federal Courts to judge
the lawsuits filed therein until such time as the Constitution is
promulgated and the Federal Regional Courts as well as the
Superior Court of Justice shall judge the rescissory actions for the
decisions rendered until then by the Federal Courts, including those
which refer to matters for which competence has been transferred
to another branch of the Judicial Power.
Article 28. The federal judges referred to in article 123, paragraph
2, of the Constitution of 1967, with the wording given by the
Constitutional Amendment no. 7 of 1977, shall be vested in office
in courts of the Judiciary Section for which they were appointed or
designated; if there are no vacancies, the existing courts shall be
divided.
Sole paragraph — For purposes of promotion for seniority, the
period of service of such judges shall be computed as from the day
of their taking of office.
Article 29. Until such time as the supplementary laws relating to
the Public Prosecution and to the Advocacy-General of the Union are
approved, the Federal Public Prosecution, the Office of the AttorneyBRAZIL_
1988 208
General of the National Treasury, the Legal Consultancies of the
Ministries, the Prosecution and Legal Departments of the federal
autonomous government agencies, with their own representation
and the members of the Prosecution Offices of public foundation
universities shall continue to conduct their activities within their
respective incumbencies.
Paragraph 1 — The President of the Republic shall, within one
hundred and twenty days, submit to the National Congress a bill of
a supplementary law dealing with the organization and operation of
the Advocacy-General of the Union.
Paragraph 2 — The present Prosecutors of the Republic may, in
accordance with the supplementary law, opt irrevocably between
the careers of the Federal Public Prosecution and of the Advocacy-
General of the Union.
Paragraph 3 — A member of the Public Prosecution admitted prior
to the promulgation of the Constitution may opt for the previous
regime insofar as guarantees and advantages are concerned, with
due regard, as to prohibitions, for the legal status on the date of
such promulgation.
Paragraph 4 — The present members of the supplementary staff of
the Labour and Military Public Prosecutions, who have acquired
tenure in these functions, shall belong to the staff of the respective
career.
Paragraph 5 — It is incumbent upon the present Office of the
Attorney-General of the National Treasury, directly or by delegation,
which may be made to the State Public Prosecution, to represent the
Union in court in lawsuits of a fiscal nature, in their respective
spheres of authority, until such time as the supplementary laws set
forth in this article are promulgated.
Article 30. The legislation which creates the Justiceship of Peace
shall maintain the present judges of peace until the new judges take
office, ensuring them the rights and duties conferred on the latter
209
and shall establish the date for the election provided for in article
98, II, of this Constitution.
Article 31. The clerical offices of the judicial courts, as defined in
law, shall be brought under state control, with due regard for the
rights of the present clerks.
Article 32. The provisions of article 236 shall not apply to notary
and registration services which have already been made official by
the Government, with due regard for the rights of their servants.
Article 33. With the exception of credits for alimony, the amount
due for court orders for which payment is outstanding on the date
of the promulgation of the Constitution, there included remaining
interests and monetary correction, may be paid in legal tender, with
readjustments, in equal and successive annual installments, within
eight years at the most, counted from July 1, 1989, in accordance
with a decision by the Executive Power within one hundred and
eighty days of the promulgation of the Constitution.
Sole paragraph — In order to comply with the provisions of this
article, the debtor entities may issue, each year, for the exact
amount of the expenditure, public debt bonds which shall not be
computed for purposes of determining the total limit of
indebtedness.
Article 34. The national tax system shall become effective on the
first day of the fifth month following the promulgation of the
Constitution, and until then, the system set forth in the 1967
Constitution, with the wording provided by Amendment number 1
of 1969 and by the subsequent ones, shall be maintained.
Paragraph 1 — With the promulgation of this Constitution, articles
148, 149, 150, 154, I, 156, III and 159, I, “c”, shall become
effective, with all provisions to the contrary in the 1967
Constitution and in the amendments which modified it, especially
its article 25, III, being revoked.
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Paragraph 2 — The Participation Fund of the States and the Federal
District, and the Revenue Sharing Fund of the Municipalities shall
obey the following determinations:
I — from the date of the promulgation of the Constitution, the
percentages shall be, respectively, of eighteen percent and
twenty percent, calculated on the proceeds from the collection
of the taxes referred to in article 153, III and IV, the present
apportionment criteria being maintained until the
supplementary law referred to in article 161, II becomes
effective;
II — the percentage referring to the Participation Fund of the
States and the Federal District shall be increased by one
percent in the fiscal year of 1989 and, as from and including
1990, in one half of one percent per fiscal year until and
including 1992, reaching in 1993 the percentage established
in article 159, I, “a”;
III — the percentage referring to the Participation Fund of the
Municipalities, as from and including 1989 shall be increased
in one half of one percent per fiscal year until it reaches the
limit established in article 159, I, “b”.
Paragraph 3 — Upon the promulgation of this Constitution, the
Union, the states, the Federal District and the municipalities may
issue the laws which are necessary for the application of the
national tax system established therein.
Paragraph 4 — The laws issued in accordance with the preceding
paragraph produce effects as from the date the national tax system
set forth in the Constitution becomes effective.
Paragraph 5 — Once the new national tax system is in force, the
application of the preceding legislation shall be ensured in that in
which it is not incompatible with the new system and with the
legislation referred to in paragraphs 3 and 4.
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Paragraph 6 — Until December 31, 1989, the provisions of article
150, III, “b”, shall not apply to the taxes referred to in articles 155,
l, “a” and “b”, and 156, II and III, which may be collected thirty days
after the publication of the law which has instituted or increased
them.
Paragraph 7 — Until the maximum rates of the municipal tax on
retail sales of liquid and gaseous fuels have been established in a
supplementary law, such rates shall not exceed three percent.
Paragraph 8 — If, within sixty days counted from the promulgation
of the Constitution, the supplementary law required for the
institution of the tax referred to in article 155, I, “b”, has not been
issued, the states and the Federal District, by means of an
agreement concluded in the manner set forth in Supplementary Law
number 24 of January 7, 1975, shall establish the rules to regulate
the matter provisionally.
Paragraph 9 — Until a supplementary law provides for the matter,
electric power distribution companies, in the capacity of taxpayers
or of substitute taxpayers, shall be liable, when the product leaves
their facilities, even if the destination is another unit of the
federation, for the payment of the tax on the circulation of goods
levied on electric power, from production or importation to the last
operation, such tax being calculated on the price charged on the
occasion of the final operation, its collection being ensured to the
state or the Federal District, depending on the place where such
operation occurs.
Paragraph 10 — Until the law provided for in article 159, I, “c”,
which shall be promulgated by December 31, 1989, becomes
effective, the application of the funds set forth in that provision
shall be ensured in the following manner:
I — six tenths of one percent in the Northern Region, through
the Banco da Amazônia S.A.;
II — one and eight tenths percent in the Northeastern Region,
through the Banco do Nordeste do Brasil S.A.;
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III — six tenths of one percent in the Centre-West Region,
through the Banco do Brasil S.A.
Paragraph 11 — The Centre-West Development Bank is hereby
created, in the manner established by law, in order to comply,
within that region, with the provisions of articles 159, I, “c” and
192, paragraph 2, of the Constitution.
Paragraph 12 — The urgency provided for in article 148, II, shall not
preclude the collection of the compulsory loan instituted for the
benefit of the Centrais Elétricas Brasileiras S.A. (Eletrobrás) by Law
number 4.156 of November 28, 1962, with the subsequent
amendments.
Article 35. The provisions of article 165, paragraph 7, shall be
complied with progressively, over a period of ten years, the funds
being distributed among the macro-economic regions in proportion
to their population, based on the situation verified for the 1986-87
period.
Paragraph 1 — In the application of the criteria referred to in this
article, the total expenses shall exclude expenses for:
I — projects considered as priorities in the pluriannual plan;
II — national security and defense;
III — maintenance of the federal agencies in the Federal
District;
IV — the National Congress, the Federal Court of Accounts
and the Judicial Power;
V — the servicing of the debt of the direct and indirect
administration of the Union, including foundations instituted
and maintained by the Federal Government.
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Paragraph 2 — Until the supplementary law referred to in article
165, paragraph 9, I and II, comes into force, the following rules
shall be complied with:
I — the project of the pluriannual plan, to be in force until the
end of the first fiscal year of the subsequent presidential term
of office, shall be forwarded not less than four months before
the end of the first fiscal year and returned for sanction
before the end of the legislative term;
II — the bill of budgetary directives shall be forwarded not
less than eight and a half months before the end of the fiscal
year and returned for sanction before the end of the first
period of the legislative term;
III — the budget bill of the Union shall be forwarded not less
than four months before the end of the fiscal year, and
returned for sanction before the end of the legislative term.
Article 36. The funds existing on the day the Constitution is
promulgated, except for those resulting from tax exemptions which
become private property and those which are of interest to national
defense, shall be extinguished if they are not ratified by the
National Congress within two years.
Article 37. Adaptation to the provisions of article 167, III, shall be
made within the period of five years, the excess being reduced at a
rate of at least one-fifth per year.
Article 38. Until the promulgation of the supplementary law
referred to in article 169, the Union, the states, the Federal District
and the municipalities shall not spend more than sixty-five percent
of the amount of the respective current revenues on personnel.
Sole paragraph — The Union, the states, the Federal District and the
municipalities, whenever the respective expenditure with personnel
exceeds the limit established in this article, shall return to such
limit, reducing the excess percentage at a rate of one-fifth per year.
214
Article 39. For purposes of compliance with the constitutional
provisions which involve variations of expenses and revenues of the
Union, after the promulgation of the Constitution, the Executive
Power shall draw up and the Legislative Power shall examine a bill
of review of the budgetary law referring to the fiscal year of 1989.
Sole paragraph — The National Congress shall vote within twelve
months the supplementary law provided for in article 161, II.
Article 40. The Free-Trade Zone of Manaus, with its characteristics
of free-trade, export and import and fiscal benefits, shall be
maintained for a period of twenty-five years as from the
promulgation of the Constitution.
Sole paragraph — The criteria which regulated or may come to
regulate the approval of projects in the Free-Trade Zone of Manaus
may only be modified by a federal law.
Article 41. The Executive Powers of the Union, the states, the
Federal District and the municipalities shall reassess all sectorial tax
incentives now in force and shall propose the appropriate measures
to the respective Legislative Powers.
Paragraph 1 — The incentives which are not confirmed by law
within two years of the promulgation of the Constitution shall be
considered revoked.
Paragraph 2 — Revocation shall not preclude any rights which have
become vested before that date, in relation to incentives granted
under conditions and for a set period of time.
Paragraph 3 — Incentives granted by means of agreements
concluded between states, in accordance with article 23, paragraph
6 of the 1967 Constitution, with the wording of Amendment
number 1, of October 17, 1969, shall also be reassessed and
reconfirmed within the time limits set forth in this article.
Article 42. Of the funds intended for irrigation, during a period of
fifteen years, the Union shall apply:
215
I — twenty percent in the Centre-West Region;
II — fifty percent in the Northeastern Region, preferably in the
semi-arid region.
Article 43. On the date of the promulgation of the law regulating
the prospecting and mining of mineral resources and beds of ore,
or within one year counted from the date of the promulgation of the
Constitution, the authorizations, grants and other deeds affording
mining rights shall become ineffective, in case the prospecting or
mining work has not provenly started in the legal time limits or is
inactive.
Article 44. The Brazilian companies which presently hold valid
prospecting authorizations and permits for the mining of mineral
resources and the exploitation of hydraulic energy shall have four
years, counted from the date of the promulgation of the
Constitution, to comply with the requirements of article 176,
paragraph 1.
Paragraph 1 — Except for the provisions of national interest set
forth in the constitutional text, Brazilian companies shall be exempt
from compliance with the provisions of article 176, paragraph 1,
provided that, within four years counted from the date of the
promulgation of the Constitution they have destined the product of
their mining and processing activities to industrialization within the
national territory, in their own facilities or in a controlling or
controlled industrial company.
Paragraph 2 — Brazilian companies which hold a hydraulic energy
concession for use in their industrial processes shall also be
exempted from compliance with the provisions of article 176,
paragraph 1.
Paragraph 3 — The Brazilian companies referred to in paragraph 1
may only be granted prospecting authorizations or concessions to
mine or exploit hydraulic energy potentials provided that the energy
216
and the mining product are used in their respective industrial
processes.
Article 45. Refineries which operate in the country under article 43
and under the conditions of article 45 of Law number 2004 of
October 3, 1953, are excluded from the monopoly established by
article 177, II, of the Constitution.
Sole paragraph — Risk contracts entered into with Petróleo
Brasileiro S.A. (Petrobrás) for oil prospecting, which are effective on
the date of the promulgation of the Constitution are exempted from
the prohibition of article 177, paragraph 1.
Article 46. Credits with institutions under intervention or extrajudicial
liquidation, even when such proceedings are converted into
bankruptcy, are subject to monetary correction from the date of
maturity to the date of actual payment, with no interruption or
suspension.
Sole paragraph — The provisions of this article shall also apply to:
I — transactions made after the proceedings referred to in the
caption of this article have been decreed;
II — loan, financing and refinancing transactions, transactions
of financial assistance for liquidity purposes, assignment or
subrogation of credits or mortgage bonds, guarantee of
deposits made by the public, or of purchase of liabilities,
including those carried out with funds intended for such
purpose;
III — credits existing prior to the promulgation of this
Constitution;
IV — credits held by public administration entities before the
promulgation of this Constitution and not settled by January
1, 1988.
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Article 47. In the settlement of debts, including their subsequent
renegotiation and composition, even when taken to court, arising
out of any loans granted by banks and by financial institutions,
there shall be no monetary correction provided that the loan has
been granted:
I — to micro and small businessmen or to their businesses in
the period from February 28, 1986, to February 28, 1987;
II — to mini, small and medium rural producers in the period
from February 28, 1986, to December 31, 1987, provided that
it refers to rural credit.
Paragraph 1 — For the purposes of this article, micro-enterprises
shall be considered as the legal entities and individual firms with
annual income of up to ten thousand National Treasury Bonds, and
small enterprises as the legal entities and individual firms with
annual income of up to twenty-five thousand National Treasury
Bonds.
Paragraph 2 — Classification as a mini, small or medium rural
producer shall be made in accordance with the rural credit rules in
force at the time of the contract.
Paragraph 3 — The monetary correction exemption referred to in
this article shall only be granted in the following cases:
I — if the initial debt, plus legal interests and judicial fees, are
settled within ninety days of promulgation of this
Constitution;
II — if the application of the funds is not contrary to the
purpose of the financing, the burden of proof lying with the
creditor institution;
III — if the creditor institution does not show that the
borrower has the means to pay his debt, such means
excluding the business of the borrower, the house where he
lives and his work and production instruments;
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IV — if the initial financing does not exceed the limit of five
thousand National Treasury Bonds;
V — if the beneficiary is not the owner of more than five rural
modules.
Paragraph 4 — The benefits referred to in this article shall not be
extended to the debts which have already been paid and to debtors
who are members of the Constituent Assembly.
Paragraph 5 — In the event of transactions maturing after the
deadline for settlement of the debt, should the borrower be
interested, the banks and the financial institutions shall effect, by a
specific instrument, an amendment to the original conditions of the
contract so as to adjust them to this benefit.
Paragraph 6 — The granting of this benefit by private commercial
banks shall not, under any circumstances entail a burden to the
Government, even if made by refinancing and on-lending of funds
by the central bank.
Paragraph 7 — In the case of on-lending to official financial agents
or credit cooperatives, the burden shall fall upon the original source
of funds.
Article 48. The National Congress, within one hundred and twenty
days of the promulgation of this Constitution, shall draw up a
consumer defense code.
Article 49. The law shall provide for the institution of emphyteusis
concerning urban real property, the tenants having the option, in
the event of extinction, of redemption of the emphyteusis, by
acquisition of direct title in accordance with the provisions
contained in the respective contracts.
Paragraph 1 — In the absence of a contractual clause, the criteria
and bases currently in force in special legislation on real estate of
the Union shall be adopted.
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Paragraph 2 — The rights of present registered occupants shall be
ensured by application of another kind of contract.
Paragraph 3 — Emphyteusis shall continue to be applied to tide
lands and those lands added to them, which are located within the
security strip extending from the coast line.
Paragraph 4 — After redemption of the emphyteusis, the former
holder of direct title shall, within ninety days, subject to liability,
entrust all documents related to such title to the custody of the
competent real estate registry.
Article 50. An agricultural law to be promulgated within one year
shall provide, in accordance with this Constitution, for the
objectives and instruments of agricultural policy, priorities, crop
planning, marketing, internal supply, foreign market and institution
of agrarian credit.
Article 51. All donations, sales and concessions of public land with
an area of more than three thousand hectares, made in the period
from January 1, 1962, to December 31, 1987, shall be reviewed by
the National Congress, by a mixed committee, during the three
years following the promulgation of the Constitution.
Paragraph 1 — Insofar as sales are concerned, the review shall be
based exclusively on the criterion of lawfulness of the transaction.
Paragraph 2 — In the case of concessions and donations, the review
shall comply with the criteria of lawfulness and of convenience of
public interest.
Paragraph 3 — In the cases set forth in the preceding paragraphs, if
illegality is proven or if there is public interest, the lands shall revert
to the ownership of the Union, of the states, of the Federal District
or of the municipalities.
Article 52. Until the conditions referred to in article 192, III, are
established, it shall be forbidden:
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I — the installation, in the country, of new branches of
financial institutions domiciled abroad;
II — increase of percentual participation of individuals and
legal entities resident or domiciled abroad in the capital of
financial institutions with headquarters in Brazil.
Sole paragraph — The prohibition referred to in this article does not
apply to the authorizations resulting from international agreements,
from reciprocity or from interest of the Brazilian Government.
Article 53. Veterans who have actually participated in war
operations during the Second World War, in accordance with Law
number 5315 of September 12, 1967, shall be ensured the
following rights:
I — admission to public service without being required to
undergo a public entrance examination, with tenure;
II — special pension corresponding to that of Second
Lieutenant of the Armed Forces, which may be applied for at
any time and may not be accumulated with any other earnings
received from the public treasury, except for social security
benefits, the right to opt being ensured;
III — in case of death, proportional pension to the widow,
companion or dependent, in an amount equal to that of the
preceding item;
IV — free medical, hospital and educational assistance
extending to dependents;
V — retirement with full pay after twenty-five years of actual
service, under any juridical system;
VI — priority in the acquisition of a home for those who do
not own one or for their widows or companions.
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Sole paragraph — The concession of the special pension referred to
in item II replaces, for all legal effects, any other pension already
granted to the veteran.
Article 54. Rubber-tappers recruited in accordance with Decree-Law
number 5813 of September 14, 1943, and protected by Decree-Law
number 9882 of September 16, 1946, shall receive, when needy, a
monthly pension for life in the amount of two minimum wages.
Paragraph 1 — The benefit extends to rubber-tappers who, at the
request of the Brazilian Government, contributed to the war effort
by working in rubber production in the Amazonian Region during
the Second World War.
Paragraph 2 — The benefits established in this article may be
transferred to dependents who are provenly needy.
Paragraph 3 — The concession of the benefit shall be done in
accordance with the law to be proposed by the Executive Power
within one hundred and fifty days of the promulgation of the
Constitution.
Article 55. Until such time as the law of budgetary directives is
approved, at least thirty percent of the social welfare budget,
excluding unemployment insurance, shall be allocated to the health
sector.
Article 56. Until such time as the law regulates article 195, I, the
revenues resulting from at least five of the six tenths of one percent
corresponding to the rate of the contribution referred to in Decree-
Law number 1940 of May 25, 1982, as amended by Decree-Law
number 2049 of August 1, 1983, by Decree number 91236 of May
8, 1985, and by Law number 7611 of July 8, 1987, shall become
part of the social welfare revenues, excepting, exclusively in the
fiscal year of 1988, commitments assumed for ongoing
programmes and projects.
Article 57. The debts of the states and municipalities related to
social security contributions to June 30, 1988, shall be settled, with
222
monetary correction, in one hundred and twenty monthly
installments, with the waiver of the interests and penalties
applicable thereto, provided the debtors request installment
payment and begin such payment within one hundred and eighty
days of the promulgation of this Constitution.
Paragraph 1 — The amount to be paid in each of the first two years
shall not be less than five percent of the total consolidated and
updated debt, the balance to be divided into equal monthly
installments.
Paragraph 2 — Settlement may include payments by assignment of
assets and rendering of services, as set forth in Law number 7.578
of December 23, 1986.
Paragraph 3 — As guarantee for the payment of the installments,
the states and municipalities shall each year consign in their
respective budgets the appropriations required for the payment of
their debts.
Paragraph 4 — If any of the conditions established for the
concession of installment payment are not met, the debt shall be
considered as due and payable in full and liable for default interest;
in such case, the portion of the funds corresponding to the
Participation Funds intended for the debtor states and
municipalities shall be blocked and transferred to the social security
for payment of their debts.
Article 58. Benefits paid on a continuous basis and maintained by
social security on the date of the promulgation of the Constitution
shall have their values reviewed so as to re-establish their
purchasing power expressed in terms of the numbers of minimum
wages they represented on the date on which they were granted,
such updating criterion to be adopted until the plans of funding and
benefits referred to in the following article is implemented.
Sole paragraph — The monthly benefit payments updated in
accordance with this article shall be due and paid as from the
seventh month after the promulgation of the Constitution.
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Article 59. The bills of law for the organization of social welfare
and for the plan of funding and benefits shall be submitted, not
more than six months after the promulgation of the Constitution, to
the National Congress, which shall have six months to examine
them.
Sole paragraph — Upon approval by the National Congress, the
plans shall be implemented progressively in the following eighteen
months.
Article 60. In the first ten years after the promulgation of the
Constitution, the Government shall endevour, with the mobilization
of all organized sectors of society and with the application of at
least fifty percent of the funds referred to in article 212 of the
Constitution, to eradicate illiteracy and generalize elementary
education.
Sole paragraph — Within a like period of time, the public
universities shall decentralize their activities with the purpose of
extending their superior education to cities of greater population
density.
Article 61. The educational entities referred to in article 213, as
well as the educational and research foundations whose creation
has been authorized by law, which meet the requirements of items I
and II of such article and which have, in the last three years,
received public funds, may continue to receive such funds, unless
otherwise established in law.
Article 62. The law shall create the National Rural Apprenticeship
Service (SENAR), based on the legislation for the National Industrial
Apprenticeship Service (SENAI), and the National Commercial
Apprenticeship Service (SENAC), without prejudice to the
incumbencies of the government agencies engaged in the area.
Article 63. A Committee composed of nine members is hereby
created, three of them from the Legislative Power, three from the
Judicial Power and three from the Executive Power, to promote the
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commemorations of the centennial of the proclamation of the
Republic and of the promulgation of the first republican
Constitution of the country, and such committee may, at its
discretion, be subdivided into as many subcommittees as may be
necessary.
Sole paragraph — In the execution of its duties the Committee shall
conduct studies, debates and assessments of the political, social,
economic and cultural development of the country, and may join
efforts with state and municipal governments and with public and
private institutions desiring to take part in the events.
Article 64. The National Press and other printing departments of
the Union, the states, the Federal District and the municipalities, of
the direct or indirect administration, including foundations
instituted and maintained by the Government shall provide for a
popular edition of the full text of the Constitution, which shall be
made available free of charge, to schools and public registry offices,
to unions, military barracks, churches and other community
organizations, in order that each Brazilian citizen may receive from
the State a copy of the Brazilian Constitution.
Article 65. The Legislative Power shall, within twelve months,
regulate the article 220, paragraph 4.
Article 66. The public telecommunications utility concessions
presently in force shall be maintained, as established by law.
Article 67. The Union shall conclude the demarcation of the Indian
lands within five years of the promulgation of the Constitution.
Article 68. Final ownership shall be recognized for the remaining
members of the ancient runaway slave communities who are
occupying their lands and the State shall grant them the respective
title deeds.
Article 69. The states shall be allowed to maintain legal consultancy
offices independent from their Attorney-General Offices or
Advocacy-General Offices, provided that they have separate
225
agencies for the respective functions on the date of the
promulgation of this Constitution.
Article 70. The present competence of the state courts shall be
maintained until it is defined in the State Constitution, as
established in article 125, paragraph 1, of the Constitution.
Brasília, October 5, 1988. — Ulysses Guimarães, President — Mauro
Benevides, First Vice-President — Jorge Arbage, Second Vice-
President — Marcelo Cordeiro, First Secretary — Mario Maia, Second
Secretary — Arnaldo Faria de Sá, Third Secretary — Benedita da
Silva, First Substitute Secretary — Luiz Soyer, Second Substitute
Secretary — Sotero Cunha, Third Substitute Secretary — Bernardo
Cabral, Reporter-General — Adolfo Oliveira, Adjunct Reporter —
Antonio Carlos Konder Reis, Adjunct Reporter — José Fogaça,
Adjunct Reporter — Abigail Feitosa — Acival Gomes — Adauto
Pereira — Ademir Andrade — Adhemar de Barros Filho —
Adroaldo Streck — Adylson Motta — Aécio de Borba — Aécio Neves
— Affonso Camargo — Afif Domingos — Afonso Arinos — Afonso
Sancho — Agassiz Almeida — Agripino de Oliveira Lima — Airton
Cordeiro — Airton Sandoval — Alarico Abib — Albano Franco —
Albérico Cordeiro — Albérico Filho — Alceni Guerra — Alcides
Saldanha — Aldo Arantes — Alércio Dias — Alexandre Costa —
Alexandre Puzyna — Alfredo Campos — Almir Gabriel — Aloisio
Vasconcelos — Aloysio Chaves — Aloysio Teixeira — Aluizio Bezerra
— Aluízio Campos — Álvaro Antônio — Álvaro Pacheco — Álvaro
Valle — Alysson Paulinelli — Amaral Netto — Amaury Müller —
Amilcar Moreira — Ângelo Magalhães — Anna Maria Rattes —
Annibal Barcellos — Antero de Barros — Antônio Câmara — Antônio
Carlos Franco — Antonio Carlos Mendes Thame — Antônio de Jesus
— Antonio Ferreira — Antonio Gaspar — Antonio Mariz — Antonio
Perosa — Antônio Salim Curiati — Antonio Ueno — Arnaldo Martins
— Arnaldo Moraes — Arnaldo Prieto — Arnold Fioravante — Arolde
de Oliveira — Artenir Werner — Artur da Távola — Asdrubal Bentes
— Assis Canuto — Átila Lira — Augusto Carvalho — Áureo Mello —
Basílio Villani — Benedicto Monteiro — Benito Gama — Beth Azize
— Bezerra de Melo — Bocayuva Cunha — Bonifácio de Andrada —
Bosco França — Brandão Monteiro — Caio Pompeu — Carlos Alberto
— Carlos Alberto Caó — Carlos Benevides — Carlos Cardinal —
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Carlos Chiarelli — Carlos Cotta — Carlos De’Carli — Carlos Mosconi
— Carlos Sant’Anna — Carlos Vinagre — Carlos Virgílio — Carrel
Benevides — Cássio Cunha Lima — Célio de Castro — Celso
Dourado — César Cals Neto — César Maia — Chagas Duarte —
Chagas Neto — Chagas Rodrigues — Chico Humberto —
Christóvam Chiaradia — Cid Carvalho — Cid Sabóia de Carvalho —
Cláudio Ávila — Cleonâncio Fonseca — Costa Ferreira — Cristina
Tavares — Cunha Bueno — Dálton Canabrava — Darcy Deitos —
Darcy Pozza — Daso Coimbra — Davi Alves Silva — Del Bosco
Amaral — Delfim Netto — Délio Braz — Denisar Arneiro — Dionisio
Dal Prá — Dionísio Carneiro — Divaldo Suruagy — Djenal Gonçalves
— Domingos Juvenil — Domingos Leonelli — Doreto Campanari —
Edésio Frias — Edison Lobão — Edivaldo Motta — Edme Tavares —
Edmilson Valentim — Eduardo Bonfim — Eduardo Jorge — Eduardo
Moreira — Egídio Ferreira Lima — Elias Murad — Eliel Rodrigues —
Eliézer Moreira — Enoc Vieira — Eraldo Tinoco — Eraldo Trindade —
Erico Pegoraro — Ervin Bonkoski — Etevaldo Nogueira — Euclides
Scalco — Eunice Michiles — Evaldo Gonçalves — Expedito Machado
— Ézio Ferreira — Fábio Feldmann — Fábio Raunheitti — Farabulini
Júnior — Fausto Fernandes — Fausto Rocha — Felipe Mendes —
Feres Nader — Fernando Bezerra Coelho — Fernando Cunha —
Fernando Gasparian — Fernando Gomes — Fernando Henrique
Cardoso — Fernando Lyra — Fernando Santana — Fernando Velasco
— Firmo de Castro — Flavio Palmier da Veiga — Flávio Rocha —
Florestan Fernandes — Floriceno Paixão — França Teixeira —
Francisco Amaral — Francisco Benjamim — Francisco Carneiro —
Francisco Coelho — Francisco Diógenes — Francisco Dornelles —
Francisco Küster — Francisco Pinto — Francisco Rollemberg —
Francisco Rossi — Francisco Sales — Furtado Leite — Gabriel
Guerreiro — Gandi Jamil — Gastone Righi — Genebaldo Correia —
Genésio Bernardino — Geovani Borges — Geraldo Alckmin Filho —
Geraldo Bulhões — Geraldo Campos — Geraldo Fleming — Geraldo
Melo — Gerson Camata — Gerson Marcondes — Gerson Peres —
Gidel Dantas — Gil César — Gilson Machado — Gonzaga Patriota —
Guilherme Palmeira — Gumercindo Milhomem — Gustavo de Faria
— Harlan Gadelha — Haroldo Lima — Haroldo Sabóia — Hélio Costa
— Hélio Duque — Hélio Manhães — Hélio Rosas — Henrique
Córdova — Henrique Eduardo Alves — Heráclito Fortes — Hermes
Zaneti — Hilário Braun — Homero Santos — Humberto Lucena —
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Humberto Souto — lberê Ferreira — Ibsen Pinheiro — Inocêncio
Oliveira — Irajá Rodrigues — Iram Saraiva — Irapuan Costa Júnior —
Irma Passoni — Ismael Wanderley — Israel Pinheiro — Itamar Franco
— Ivo Cersósimo — Ivo Lech — Ivo Mainardi — lvo Vanderlinde —
Jacy Scanagatta — Jairo Azi — Jairo Carneiro — Jalles Fontoura —
Jamil Haddad — Jarbas Passarinho — Jayme Paliarin — Jayme
Santana — Jesualdo Cavalcanti — Jesus Tajra — Joaci Góes — João
Agripino — João Alves — João Calmon — João Carlos Bacelar — João
Castelo — João Cunha — João da Mata — João de Deus Antunes —
João Herrmann Neto — João Lobo — João Machado Rollemberg —
João Menezes — João Natal — João Paulo — João Rezek — Joaquim
Bevliácqua — Joaquim Francisco — Joaquim Hayckel — Joaquim
Sucena — Jofran Frejat — Jonas Pinheiro — Jonival Lucas — Jorge
Bornhausen — Jorge Hage — Jorge Leite — Jorge Uequed — Jorge
Vianna — José Agripino — José Camargo — José Carlos Coutinho —
Josè Carlos Grecco — José Carlos Martinez — José Carlos Sabóia —
José Carlos Vasconcelos — José Costa — José da Conceição — José
Dutra — José Egreja — José Elias — José Fernandes — José Freire —
José Genoíno — José Geraldo — José Guedes — José Ignácio Ferreira
— José Jorge — José Lins — José Lourenço — José Luiz de Sá — José
Luiz Maia — José Maranhão — José Maria Eymael — José Maurício —
José Melo — José Mendonça Bezerra — José Moura — José Paulo
Bisol — José Queiroz — José Richa — José Santana de Vasconcellos
— José Serra — José Tavares — José Teixeira — José Thomaz Nonô
— José Tinoco — José Ulísses de Oliveira — José Viana — José Yunes
— Jovanni Masini — Juarez Antunes — Júlio Campos — Júlio
Costamilan — Jutahy Júnior — Jutahy Magalhães — Koyu lha — Lael
Varella — Lavoisier Maia — Leite Chaves — Lélio Souza — Leopoldo
Peres — Leur Lomanto — Levy Dias — Lézio Sathler — Lídice da
Mata — Louremberg Nunes Rocha — Lourival Baptista — Lúcia
Braga — Lúcia Vânia — Lúcio Alcântara — Luís Eduardo — Luís
Roberto Ponte — Luiz Alberto Rodrigues — Luiz Freire — Luiz
Gushiken — Luiz Henrique — Luiz Inácio Lula da Silva — Luiz Leal
— Luiz Marques — Luiz Salomão — Luiz Viana Neto — Luiz Viana
Neto — Lysâneas Maciel — Maguito Vilela — Maluly Neto — Manoel
Castro — Manoel Moreira — Manoel Ribeiro — Mansueto de Lavor
— Manuel Viana — Márcia Kubitschek — Márcio Braga — Márcio
Lacerda — Marco Maciel — Marcondes Gadelha — Marcos Lima —
Marcos Queiroz — Maria de Lourdes Abadia — Maria Lúcia — Mário
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Assad — Mário Covas — Mário de Oliveira — Mário Lima — Marluce
Pinto — Matheus Iensen — Mattos Leão — Maurício Campos —
Maurício Correa — Maurício Fruet — Maurício Nasser — Maurício
Pádua — Maurílio Ferreira Lima — Mauro Borges — Mauro Campos
— Mauro Miranda — Mauro Sampaio — Max Rosenmann — Meira
Filho — Melo Freire — Mello Reis — Mendes Botelho — Mendes
Canale — Mendes Ribeiro — Messias Góis — Messias Soares —
Michel Temer — Milton Barbosa — Milton Lima — Milton Reis —
Miraldo Gomes — Miro Teixeira — Moema São Thiago — Moysés
Pimentel — Mozarildo Cavalcanti — Mussa Demes — Myrian Portella
— Nabor Júnior — Naphtali Alves de Souza — Narciso Mendes —
Nelson Aguiar — Nelson Carneiro — Nelson Jobim — Nelson Sabrá
— Nelson Seixas — Nelson Wedekin — Nelton Friedrich — Nestor
Duarte — Ney Maranhão — Nilso Sguarezi — Nilson Gibson — Nion
Albernaz — Noel de Carvalho — Nyder Barbosa — Octávio Elísio —
Odacir Soares — Olavo Pires — Olívio Dutra — Onofre Corrêa —
Orlando Bezerra — Orlando Pacheco — Oscar Corrêa — Osmar
Leitão — Osmir Lima — Osmundo Rebouças — Osvaldo Bender —
Osvaldo Coelho — Osvaldo Macedo — Osvaldo Sobrinho — Oswaldo
Almeida — Oswaldo Trevisan — Ottomar Pinto — Paes de Andrade
— Paes Landim — Paulo Delgado — Paulo Macarini — Paulo
Marques — Paulo Mincarone — Paulo Paim — Paulo Pimentel —
Paulo Ramos — Paulo Roberto — Paulo Roberto Cunha — Paulo Silva
— Paulo Zarzur — Pedro Canedo — Pedro Ceolin — Percival Muniz
— Pimenta da Veiga — Plínio Arruda Sampaio — Plínio Martins —
Pompeu de Sousa — Rachid Saldanha Derzi — Raimundo Bezerra —
Raimundo Lira — Raimundo Rezende — Raquel Cândido — Raquel
Capiberibe — Raul Belém — Raul Ferraz — Renan Calheiros —
Renato Bernardi — Renato Johnsson — Renato Vianna — Ricardo
Fiuza — Ricardo Izar — Rita Camata — Rita Furtado — Roberto
Augusto — Roberto Balestra — Roberto Brant — Roberto Campos —
Roberto D’Ávila — Roberto Freire — Roberto Jefferson — Roberto
Rollemberg — Roberto Torres — Roberto Vital — Robson Marinho
— Rodrigues Palma — Ronaldo Aragão — Ronaldo Carvalho —
Ronaldo Cezar Coelho — Ronan Tito — Ronaro Corrêa — Rosa Prata
— Rose de Freitas — Rospide Netto — Rubem Branquinho — Rubem
Medina — Ruben Figueiró — Ruberval Pilotto — Ruy Bacelar — Ruy
Nedel — Sadie Hauache — Salatiel Catvalho — Samir Achôa —
Sandra Cavalcanti — Santinho Furtado — Sarney Filho — Saulo
Constitutional Text: Brazil Constitution of 1988