{ Adopted on: 5 Oct 1988 }
{ ICL Document Status: 11 Feb 2014 }
{ Editor's Note:
The ICL edition is based on a translated version of the Brazilian Constitution published by the Federal Supreme Court, incorporating the Constitutional Amendments No. 1/92 through 77/14. Article Titles were added by Antonio Basto in 1996. Formulations with shall have been changed to ICL translation style. }
Preambles
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, based on social harmony and committed, in the internal and international spheres, to the peaceful settlement of disputes, promulgate, under the protection of God, this Constitution of the Federative Republic of Brazil.
Article 1 [State Principles](0) The Federative Republic of Brazil, formed by the indissoluble union of States and Municipalities, as well as the Federal District, is a legal Democratic State and is founded on:
I. sovereignty;
II. citizenship;
III. the dignity of the individual;
IV. the social values of work and of free enterprise;
V. political pluralism.
(1) All power emanates from the people, who exercise it by means of elected representatives or directly, according to this Constitution.
Article 2 [State Powers]The Legislative, the Executive and the Judiciary, which are independent of and harmonious among each other, are Branches of the Union.
Article 3 [State Objectives]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 marginal living conditions and to reduce social and regional inequalities;
IV. to promote the well being of all, without prejudice as to origin, race, sex, color, age, and any other forms of discrimination.
Article 4 [International Relations](0) The international relations of the federative Republic of Brazil are governed by the following principles:
I. national independence;
II. prevalence of human rights;
III. self determination of peoples;
IV. non-intervention;
V. equality among the States;
VI. defense of peace;
VII. pacific solution of conflicts;
VIII. repudiation of terrorism and racism;
IX. cooperation among people for the progress of mankind;
X. granting of political asylum.
(1) The Federative Republic of Brazil seeks economic, political, social, and cultural integration of the peoples of Latin America, in order to form a Latin American community of nations.
Article 5 [Equality](0) All persons are equal before the law, without any distinction whatsoever, and Brazilians and foreigners resident in Brazil are assured of inviolability of the right of life, liberty, equality, security, and property, on the following terms:
I. men and women have equal rights and duties under this Constitution;
II. no one is obliged to do or not to do something other than by virtue of law;
III. no one is submitted to torture or to inhuman or degrading treatment;
IV. the expression of thought is free, and anonymity is forbidden;
V. the right to answer is ensured, in proportion to the offense, besides compensation for property or moral damages to the image;
VI. freedom of conscience and of belief is inviolable, ensuring the free exercise of religious cults and guaranteeing, as set forth in the law, the protection of places of worship and their rites;
VII. under the terms of the law, the rendering of religious creed or of philosophical or political belief, unless such are claimed for exemption from a legal obligation imposed upon everyone and the person refuses to perform an alternative obligation established by law;
IX. the expression of intellectual, artistic, scientific and communications activities is free, without any censorship or license;
X. the privacy, private life, honor and image of persons are inviolable, and the right to compensation for property or moral damages resulting from the violation thereof is ensured;
XI. the home is the inviolable asylum of the individual, and no one may enter it without the dweller's consent, save in the case of "flagrante delicto" or disaster, or to give help, or, during the day, by court order;
XII. the secrecy of correspondence and of telegraphic, data and telephone communications is inviolable, except, in the latter case, by court order, in the events and in the manner established by the law for purposes of criminal investigation or criminal procedural discovery;
XIII. the practice of any work, trade or profession is free, observing the professional qualifications, which the law may establish;
XIV. access to information is ensured to everyone and confidentiality of the source is protected whenever necessary for the professional activity;
XV. locomotion within the national territory is free in times of peace, and any person may, under the terms of the law, enter it, remain in it or leave it with his or her assets;
XVI. all persons may hold peaceful meetings, without weapons, in places open to the public, regardless of authorization, provided that they do not frustrate another meeting previously called for the same place, subject only to prior notice to the proper authority;
XVII. full freedom of association for lawful purposes is granted, any paramilitary association being forbidden;
XVIII. the creation of associations and, set forth in the law, of cooperatives, does not require any authorization by the state;
XIX. associations may only be compulsorily dissolved or have their activities suspended by court decision, and, in the first case, only if the decision is final and unappealable;
XX. no one can be compelled to become associated or to remain associated;
XXI. associations, when expressly authorized to do so, are entitled to represent their members in and out of court;
XXII. the right to own property is guaranteed;
XXIII. ownership of property attends to its social function;
XIV. the law establishes the procedure of expropriation for public use or need, or for social interest, against just and prior compensation in money, with the exception of the cases set forth in this Constitution;
XXV. in the event of imminent public danger, the proper authority may make use of private property, and the owner is assured of subsequent compensation, in case of damages;
XXVI. small rural properties, as defined by law, whenever they are explored by the family, are not subject to attachment for the payment of debts incurred by reason of their productive activities, and the law provides for the means to finance their development;
XXVII. authors have exclusive rights to use, publish or reproduce their works, and such rights may be conveyed to their heirs for the period, which the law may establish;
XXVIII. under the terms of the law, the following is ensured:
a) protection of individual participation in collective works and of reproduction of the human voice and image, including such with regard to sports activities;
b) the right to the authors, performers, and respective trade unions and associations to monitor the economic exploitation of the works, which they create or in which they participate;
XXIX. the law assures the authors of industrial inventions of a temporary privilege for their use, as well as protection of industrial creations, of ownership of trade marks, of companies names and of other distinctive signs, with due regard for social interests and for the technological and economic development of Brazil;
XXX. the right to inheritance is guaranteed;
XXXI. succession to assets owned by foreigners and located in Brazil is governed by Brazilian law, in favor of the Brazilian spouse or children, whenever the personal law of the decedent is not favorable to them;
XXXII. the State provides, as set forth in the law, for the defense of consumers;
XXXIII. all persons are entitled to receive from government agencies information of private interest to such persons or of collective or general interest which is provided within the period established by law, subject to liability, with the exception of information whose secrecy is vital to the security of society and of the State;
XXXIV. all persons are ensured, without the payment of fees:
a) the right the petition the public authorities in defending rights or against illegal acts or abuse of power;
b) the obtaining of certificates from government departments, in order to defend rights and clarify situations of personal interest;
XXXV. the law may not exclude from review by the Judiciary any violation of or threat to a right;
XXXVI. the law may not impair a vested right, a perfect juridical act, and the principle of res judicata;
XXXVII. there is no extraordinary court or tribunal;
XXXVIII. the institution of the jury is recognized, with the organization attributed to it by the law, and the guarantee of:
a) full defense;
b) secret voting;
c) sovereignty of the verdicts;
d) jurisdiction to adjudicate intentional crimes against life;
XXXIX. there is no crime without a previous law which defines it, nor is there any punishment without a previous legal imposition;
XL. the penal law may not be retroactive, except to the benefit of the defendant;
XLI. the law punishes any discrimination against fundamental rights and liberties;
XLII. the practice of racism is a crime not entitled to bail or to the statute of limitations, and subject to imprisonment, according to the law;
XLIII. the law considers the practice of torture, unlawful traffic of narcotics and similar drugs, terrorism and crimes defined as heinous crimes to be crimes not entitled to bail and to mercy or amnesty, and the principals, the accessories and those who, although able to avoid them, abstain from doing so, are held liable;
XLIV. the acts of civilian or military armed groups, against the constitutional and democratic order, are crimes not entitled to bail or subject to the statute of limitations;
XLV. no sentence must pass from the person of the convict, but the liability for damages and a decree of loss of assets may, under the terms of the law, be extended to the successors and enforced against them up to the limit of the value of the assets transferred;
XLVI. the law regulates the individualization of punishment and adopts, inter alia the following:
a) deprivation or restriction of freedom;
b) loss of assets;
c) fines;
d) alternative social obligation;
e) suspension or prohibition of rights;
XLVII. there may be no sentence:
a) of death, except in the event of declared war, according to Article 84 XIX;
b) of life imprisonment;
c) of hard labor;
d) of banishment;
e) which is cruel.
XLVIII. the sentence is served in separate establishments, according to the nature of the criminal offence, the age, and the sex of the convict;
XLIX. convicts are assured of respect for their physical and moral integrity;
L. female convicts are allowed to keep their children with them during the period in which they are breast-feeding;
LI. no Brazilian may be extradited, except for naturalized Brazilians in the case of a common crime committed before naturalization, or proven involvement in the unlawful traffic of narcotics and similar drugs, as set forth in the law;
LII. extradition of a foreigner for a political or ideological crime may not be granted;
LIII. no one is sued or sentenced other than by the proper authority;
LIV. no one may be deprived of his or her freedom or assets without due process of law;
LV. litigants in court or administrative proceedings and defendants in general are assured of the use of the adversary system and of full defense, with the means and remedies inherent thereto;
LVI. evidence obtained through unlawful means is inadmissible in the proceedings;
VII. no one may be considered guilty until the criminal sentence has become final and unappealable;
LVIII. a person who has undergone civil identification may not be subjected to criminal identification, except in the cases set forth in the law;
LIX. private prosecution against public offenses is admitted if public prosecution is not filed within the period established by law;
LX. the law may only restrict publicity of procedural acts when it is necessary to defend privacy or social interests;
LXI. no one may be arrested except in flagrante delicto or by written and substantiated order of a proper judicial authority, except in the case of a military offense or a strictly military crime, as defined by law;
LXII. the arrest of any person and the place where he or she is being held must immediately be communicated to the proper judge and to the arrested person's family or to the person designated by him or her;
LXIII. the arrested person has to be informed of his or her rights, amongst which is the right to remain silent, and the arrested person is assured of the assistance of his or her family and of legal counsel;
LXIV. the arrested person is entitled to identification of the persons responsible for his or her arrest or police interrogation;
LXV. an illegal arrest must immediately be remitted by the judicial authority;
LXVI. no one may be taken to prison or held therein when the law admits release on own recognizance, with or without bail;
LXVII. there is no civil arrest for indebtedness, save for that of a person liable for voluntary and inexcusable default on an alimony obligation and that of an unfaithful trustee;
LXVIII. the right to habeas corpus is granted whenever someone suffers or believes he or she is threatened by violence or coercion in his or her freedom of movement, by illegal act, or abuse of power;
LXIX. a writ of mandamus is issued to protect a clear legal right which is not protected by habeas corpus or habeas data, when the party responsible for the illegal act or abuse of power is a public authority or an agent of a legal entity performing government duties;
LXX. a collective writ of mandamus may be filed by:
a) a political party, represented in Congress;
b) a trade union, professional entity, or association legally organized and in operation for at least one year, to defend the interests of its members or associates;
LXXI. an injunction is issued whenever the absence of regulations makes it unfeasible to exercise the constitutional rights and liberties and the prerogatives inherent to nationality, sovereignty, and citizenship;
LXXII. the right to habeas data is granted:
a) to ensure knowledge of information relating to the person of the petitioner, contained in records or data banks of government entities or of public entities;
b) for the correction of data, if the petitioner does not prefer to do so through confidential, judicial, or administrative proceedings;
LXXIII. any citizen has standing to institute an action seeking to annul an act to the public property or to property pertaining to an entity in which the State participates, to administrative morality, to the environment, and to historical and cultural monuments, and the plaintiff is, except in the vent of proven bad faith, exempt from court costs and from the burden of loss of suit;
LXXIV. the State has to provide full and gratuitous legal assistance to whoever proves not to have sufficient funds;
LXXV. the State must indemnify a person convicted by a judicial error, and also convict who remains imprisoned longer than the period established in the sentence;
LXXVI. the following is gratuitous for persons known to be poor, as set forth in the law:
a) civil registration of birth;
b) death certificates;
LXXVII. habeas corpus and habeas data proceedings and, set forth in the law, the acts required to exercise citizenship are gratuitous.
(1) The provisions defining fundamental rights and guarantees are applicable immediately.
(2) The rights and guarantees established in this Constitution do not preclude others arising out of the regime and the principles adopted by it, or out of international treaties to which the Federative Republic of Brazil is a party.
LXXVIII. a reasonable length of proceedings and the means to guarantee their expeditious consideration are ensured to everyone, both in the judicial and administrative spheres.
(3) International human rights treaties and conventions which are approved in each House of the National Congress, in two rounds of voting, by three fifths of the votes of the respective members are equivalent to constitutional amendments.
(4) Brazil accepts the jurisdiction of an International Criminal Court to whose creation it has expressed its adhesion.
Article 6 [Basic principles]Education, health, food, work, housing, leisure, security, social security, protection of motherhood and childhood, and assistance to the destitute, are social rights, as set forth by this Constitution.
Article 7 [Worker's Rights](0) The following are rights of city and rural workers, notwithstanding any others that seek to improve their social condition:
I. employment protected against arbitrary dismissal or against dismissal without cause, according to a supplemental law, which establishes severance payment, among other rights;
II. unemployment insurance, in the event of involuntary unemployment;
III. unemployment compensation fund;
IV. a minimum wage nationwide, established by law, capable of satisfying their basic living needs and those of their families with housing, food, education, health, leisure, clothing, hygiene, transportation, and social security, with periodical adjustments to maintain its purchasing power, it being forbidden to bind it for any purpose;
V. a salary floor in proportion to the extent and complexity of the work;
VI. irreducibility of salary or wage, except when provided for in collective agreements or covenants;
VII. guarantee of salary or wage never below the minimum wage, for those receiving variable compensation;
VIII. a thirteenth salary based on the full compensation or on the pension payment;
IX. compensation for night work above that for daytime work;
X. salary protection, as established by law, malicious withholding of a salary being considered a crime;
XI. participation in the profits or results, independent of compensation, and, exceptionally, participation in the management of the company, as defined by law;
XII. family allowance paid to each dependent of low-income workers, under the terms of the law;
XIII. normal work hours not exceeding eight hours per day and forty-four hours per week, with the option to set off work hours and reduce the workday through an agreement or a collective bargaining covenant;
XIV. a workday of six hours for work carried out in uninterrupted shifts, unless otherwise established by collective bargaining;
XV. paid weekly leave, preferably on Sundays;
XVI. compensation for overtime work at least fifty per cent above the compensation for normal work;
XVII. annual vacation with compensation at least one-third above the normal salary;
XVIII. maternity leave without loss of job and of salary, for a period of one hundred and twenty days;
XIX. paternity leave, under the terms established by law;
XX. protection of the work market for women through specific incentives according to the law;
XXI. prior notice of dismissal in proportion to period of service, but at least thirty days, under the terms of the law;
XXII. reduction of work risks by means of health, hygiene, and safety rules;
XXIII. additional compensation for unhealthy or dangerous work, as established by law;
XXIV. retirement pension;
XXV. free assistance for children and dependents of up to five years of age, in day-care centers and pre-school facilities;
XXVI. recognition of covenants and of collective bargaining agreements;
XXVII. protection by virtue of automation, as established by law;
XXVIII. work accident insurance, under the responsibility of the employer, without excluding the indemnity for which the employer is liable, in the event of malice or fault;
XXIX. legal action, with respect to credits arising from employment relationships, with a limitation of five years for urban and rural workers, up to the limit of two years after the end of the employment contract;
XXX. prohibition of any difference in salary, in performance of duties, and in hiring criteria by reason of sex, age, color, or marital status;
XXXI. prohibition of any discrimination with respect to salary and hiring criteria for handicapped workers;
XXXII. prohibition of any distinction between manual, technical, and intellectual labor or between the respective professionals;
XXXIII. prohibition of night, dangerous, or unhealthy work for minors under eighteen years of age, and of any work for minors under sixteen years of age, except as an apprentice, for minors above fourteen years of age;
XXXIV. equal rights for workers with a permanent employment bond and sporadic workers.
(1) The category of domestic workers is ensured of the rights set forth in Items IV, VI, VII, VIII, X, XIII, XV, XVI, XVII, XVIII, XIX, XXI, XXII, XXIV, XXVI, XXX, XXXI and XXXIII above, and their integration into the Social Security System is likewise secured. Besides, provided that the conditions laid down by law are met and the simplification of the fulfillment of principal and accessory tax obligations, which arise from the employment relation and its peculiarities, are being regarded, it is as well assured to the category of domestic workers the provisions set forth in items I, II, III, IX, XII, XXV, XXVIII above.
Article 8 [Work and trade union](0) Professional or trade union association is free, with due regard for the following:
I. the law may not require State authorization for a trade union to be founded, except for registration with the proper agency, it being forbidden to the Government to interfere and intervene in trade union organization;
II. it is forbidden to create more than one trade union organization, of any level, representing a professional or economic category, in the same territorial base, which is defined by the interested workers or employers, which base may not cover less than the area of one Municipality;
III. it is incumbent upon the trade union to defend the collective or individual rights and interests of the category, including in court or administrative disputes;
IV. the general meeting establishes the contribution which, in the case of a professional category, is discounted from the payroll, to support the confederative system of the respective trade union representation, regardless of the contribution set forth in the law;
V. no one is required to become a member or to remain a member of a trade union;
VI. it is compulsory for the trade unions to take part in collective labor bargaining;
VII. retired members are entitled to vote and be voted on in trade union organizations;
VIII. dismissal of an employee who is a union member is forbidden as from the moment when he or she registers as a candidate for a position of union leader or representative and, if elected, even as an alternate, until one year after termination of his or her term of office, unless he or she commits a serious fault under the terms of the law.
(1) The provisions of this article apply to the organization of rural trade unions and of fishing communities, with due regard for the conditions established by law.
Article 9 [Strike](0) The right to strike is guaranteed, and it is incumbent upon the workers to decide on the advisability of exercising it and on the interests to be defended thereby.
(1) The law defines which services or activities are essential and provides for the community's basic needs to be satisfied.
(2) In cases of abuse, the responsible parties are to be submitted to the penalties of the law.
Article 10 [Representation]The participation of workers and employers is ensured in the collegiate bodies of government agencies in which their professional or social security interests are the subject of discussion and resolution.
Article 11 [Authority of the representative]In companies having more than two hundred employees, the election of an employee representative is ensured for the exclusive purpose of furthering direct discussions with their employers.
Article 12 [Brazilian Nationality](0) The following are Brazilians:
I. by birth:
a) those born in the Federative Republic of Brazil, even if of foreign parents, provided that they are not in the service of their country;
b) those born abroad, of a Brazilian father or a Brazilian mother, provided that either of them is serving the Federative Republic of Brazil;
c) Those born abroad, of a Brazilian father or a Brazilian mother, provided that they come to reside in the Federative Republic of Brazil and opt for the Brazilian nationality at any time;
II. naturalized:
a) those who, as set forth by law, acquire Brazilian nationality, and, for persons originating from Portuguese speaking countries, the only requirement being residence for one uninterrupted year and moral integrity;
b) foreigners of any nationality, resident in the Federative Republic of Brazil for over fifteen uninterrupted years and without criminal conviction, provided that they apply for the Brazilian nationality..
(1) The rights inherent to Brazilians are attributed to Portuguese citizens with permanent residence in Brazil, if there is reciprocity in favor of Brazilians, except in the cases stated in the Constitution.
(2) The law may not establish any distinction between born and naturalized Brazilians, except in the events set forth in this Constitution.
(3) Only born Brazilians may hold the office of:
I. President and Vice President of the Republic;
II. President of the House of Representatives;
III. President of the Federal Senate;
IV. Justice of the Federal Supreme Court;
V. the diplomatic career;
VI. officer of the Armed Forces;
VII. that of Minister of Defense.
(4) Loss of nationality is declared for a Brazilian who:
I. has his naturalization cancelled by court decision by virtue of an activity detrimental to the national interests;
II. acquires another nationality, safe in the cases:
a) of recognition of the original nationality by the foreign law;
b) of imposition of naturalization, under the foreign rules, to the Brazilian resident in foreign State, as a condition for permanence in its territory, or for the exercise of civil rights.
Article 13 [Language and Federation Symbols](0) Portuguese is the official language of the Federative Republic of Brazil.
(1) The national flag, anthem, coat of arms, and seal are symbols of the Federative Republic of Brazil.
(2) The States, the Federal District, and the Municipalities may have symbols of their own.
Article 14 [Sovereignty of the People and Political Rights of the Citizens](0) The sovereignty of the people is exercised by universal suffrage, and by direct and secret ballot, with equal value for all, and, according to the law, by:
I. plebiscite;
II. referendum;
III. initiative of the people.
(1) Electoral enrolment and voting are:
I. compulsory for persons over eighteen years of age;
II. optional for:
a) illiterate persons;
b) persons over seventy years of age;
c) persons over sixteen and under eighteen years of age.
(2) Foreigners cannot register as voters and neither can conscripts during their period of compulsory military service.
(3) The conditions for eligibility, according to the law, are the following:
I. Brazilian nationality;
II. Full exercise of political rights;
III. electoral enrolment;
IV. electoral domicile in the district;
V. membership in a political party;
VI. the minimum age of:
a) thirty-five years for President and Vice President of the Republic and Senator;
b) thirty years for Governor and Vice Governor of a State and of the Federal District;
c) twenty-one years for Federal, State or District Representative, Mayor, Vice Mayor, and Justice of Peace;
d) eighteen years for City Councilman.
(4) Persons that are illiterate or cannot register as voters are not eligible.
(5) The President of the Republic, the State and Federal District Governors, the Mayors and those who have succeeded or replaced them during their terms of office may be reelected for only one subsequent term.
(6) In order to run for other offices, the President of the Republic, the State and Federal District Governors, and the Mayors must resign from their respective offices at least six months before the election.
(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 those that have replaced them during the six months preceding the election, are not eligible in the jurisdiction of the incumbent, unless they already hold an elective office and are candidates for re-election.
(8) An active member of the armed forces who can register as voter is eligible under the following conditions:
I. if he has served for less than ten years, he is on leave from military activities;
II. if he has served for more than ten years, he is discharged of military duties by his superiors and, if elected, he is automatically retired upon investiture.
(9) In order to protect the administrative probity, morality for the exercise of the office, the previous life of the candidate being considered, and the normality and legitimacy of the elections against the influence of the economic power or of the abuse in the holding of office, position or job in the direct or indirect public administration, a supplementary law establishes other cases of ineligibility and the periods for such ineligibilities to cease.
(10) Exercise of an elective office may be challenged before the Electoral Courts within a period of fifteen days after investiture, substantiating the suit with evidence of abuse of economic power, corruption, or fraud.
(11) The suit challenging the office is conducted in secrecy and the plaintiff is liable under the law if the suit is reckless or involves manifest bad faith.
Article 15 [Suspension of political rights]Disfranchisement of political rights is forbidden, and loss or suspension of such rights apply only in the event of:
I. cancellation of naturalization by a final and unappealable judgment;
II. absolute civil incapacity;
III. final and unappealable criminal sentence, as long as its effects last;
IV. refusal to comply with an obligation imposed upon everyone or an alternative obligation, according to Article 5 VIII;
V. administrative dishonesty, according to Article 37 (4).
Article 16 [Electoral procedure laws]The law that alters the electoral procedure comes into force on the date of its publication, and does not apply to the elections that take place within one year of it being in force.
Article 17 [Political Association](0) The creation, consolidation, merger and extinction of political parties is free, with due regard for national sovereignty, the democratic regime, plurality of political parties, the fundamental rights of the individual, and observing the following precepts:
I. national 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 Congress according to the law.
(1) Political parties are ensured of autonomy to define their internal structure, organization, and operation, and to adopt the selection criteria and the composition of their electoral coalitions, without being required to follow the same party alliances at the national, state, Federal District, or municipal levels, and their by-laws establish rules of party loyalty and discipline.
(2) After acquiring legal capacity under civil law, political parties register their bylaws at the Superior Electoral Court.
(3) Political parties are entitled to funds from the party fund and to gratuitous access to radio and television, as set forth in the law.
(4) Political Parties are forbidden to use paramilitary organizations.
Article 18 [Organization of Authorities](0) The political administrative organization of the federative Republic of Brazil comprises the Union, the States, the Federal District, and the Municipalities, all being autonomous under this Constitution.
(1) Brasilia is the Federal Capital.
(2) The Federal Territories are part of the Union, and their creation, transformation into States, or re-integration into the State of origin are governed by a supplemental law.
(3) The States may be merged into each other, subdivided, or split to be annexed to others, or form new States or Federal Territories, subject to the approval of the population directly involved, through a plebiscite, and of Congress, through a supplemental law.
(4) The establishment, merger, fusion and dismemberment of municipalities is effected through state law, within the period set forth by supplementary federal law, and on prior consultation, by means of a plebiscite, of the population of the municipalities concerned, after the publication of Municipal Feasibility Studies, presented and published as set forth by law.
Article 19 [Forbidden to the State]The Republic, the States, the Federal District, and the Municipalities are forbidden to:
I. establish religious cults or churches, subsidize them, hamper their operation or maintain with them or their representatives relations of dependency or alliance, with the exception of cooperation for the public interest, as set forth in the law;
II. refuse to certify public documents;
III. create differences between Brazilians or preferences between each other.
Article 20 [Propriety of the Union](0) The following is property of the Union:
I. property belonging to it at present and property that may be attributed to it;
II. unoccupied government lands indispensable for defense of the frontiers, of the forts, and military constructions, of the federal access ways and for preservation of the environment, as defined by the law;
III. the lakes, rivers, and any water courses of any kind on lands owned by the Republic, or which water more than one State, serve as borders with other countries, or run into or from a foreign territory, as well as bank lands and river beaches;
IV the river and lake islands in zones bordering with other countries; sea beaches; ocean and off-shore islands, excluding those which are the seat of Municipalities, with the exception of areas assigned to public services and to federal environmental units, and those referred to article 26 II;
V. natural resources of the continental shelf and of the exclusive economic zone;
VI. territorial waters;
VII. tide lands and those added to them;
VIII. hydraulic energy potentials;
IX. mineral resources, including those in the subsoil;
X. natural underground cavities and pre-historical and archaeological sites;
XI. lands traditionally occupied by Indians.
(1) Under the terms of the law, the States, Federal District, and the Municipalities, as well as the agencies of the direct administration of the Republic are assured of participation in the result of the exploitation of petroleum or natural gas, of hydric resources for the purpose of generating electric energy, and of other natural resources in their respective territory, continental shelf, territorial waters, or exclusive economic zone, or financial compensation for such exploitation.
(2) The strip for land with a width of up to one hundred and fifty kilometers along the land frontiers, designated as frontier strip, is considered fundamental for defense of the national territory, and the occupation and use thereof is regulated by law.
Article 21 [Powers and responsibilities of the Union]It is incumbent upon the Union:
I. to maintain relations with foreign States and participate in international organizations;
II. to declare war and make peace;
III. to warrant national defense;
IV. to allow, in the events set forth in a supplemental law, foreign forces to cross the national territory or remain in it temporarily;
V. to decree state of siege, state of defense, and federal intervention;
VI. to authorize and monitor the production and trade of war material;
VII. to issue currency;
VIII. to administer Brazil's foreign exchange reserves and monitor financial transactions, especially credit, foreign exchange and capitalization, as well as those of insurance and private pension plans;
IX. to prepare and carry out national and regional plans for ordaining the territory and for economic and social development;
X. to maintain the post service and national airmail;
XI. operate, directly or through authorization, concession or permission, the telecommunications services, as set forth by law, which law provides for the organization of the services, the establishment of a regulatory agency and other institutional issues;
XII. operate, directly or through authorization, concession or permission:
a) the services of sound broadcasting and of sound and image broadcasting;
b) electric services and facilities and energetic use of water courses, in cooperation with the States in the hydroenergetic potentials are located;
c) air and aerospace navigation and airport infrastructure;
d) railway and waterway transportation services between Brazilian ports and national frontiers or beyond the State or Territory borders;
e) services of interstate and international highway transportation of passengers;
f) sea, river, and lake ports;
XIII. to organize and maintain the Judiciary, the Public Prosecution of the Federal District and of the territories and the Public Defender's Office of the territories;
XIV. organize and maintain the plainclothes police, the uniformed police force, and the uniformed fire brigade of the Federal District, as well as to provide financial support to the Federal District for the carrying out of public services by means of a specific fund;
XV. to organize and maintain official statistical, geographical, geological and mapping services of national scope;
XVI. to classify, for purposes of indication, public amusements, and radio and television programs censorship being forbidden;
XVII. to grant amnesty;
XVIII. to plan and promote permanent defense against public calamities, especially droughts and floods;
XIX. to institute a national system for the management of hydric resources and define criteria for granting rights to the use thereof;
XX. to institute guidelines for city development, including housing, basic sanitation, and city transportation;
XXI. to establish principles and guidelines for the national transportation system;
XXII. perform the services of maritime, airport, and border police;;
XXIII. to operate nuclear facilities and services of any nature and exercise state monopoly over research, mining, enrichment, and reprocessing, industrialization, and trade of nuclear ore and their byproducts, complying with the following principles and conditions:
a) all nuclear activity within the national territory is subject to approval by Congress;
b) under a permission, authorization is granted for the sale and use of radioisotopes in research and for medical, agricultural, and industrial purposes;
c) under a permission, authorization is granted for the production, sale, and use of radioisotopes with a half-life lower than two hours;
d) civil liability for nuclear damages does not depend on the existence of fault;
XXIV. to organize, maintain and carry out inspection of working conditions;
XXV. to establish the areas and conditions for the conduct of gold digging activities in activities in associative form.
Article 22 [Legislative exclusivity](0) It is incumbent exclusively upon the Union to legislate on:
I. civil, commercial, penal, procedural, electoral, agrarian, maritime, aeronautical, space, and labor law;
II. expropriation;
III. civilian and military requisitioning, in the event of imminent danger and in times of war;
IV. waters, energy, informatics, telecommunications, and radio broadcasting;
V. post service;
VI. monetary and measures system, metal certificates and guarantees;
VII. policy for credit, foreign exchange, insurance, and transfer of valuables;
VIII. foreign and interstate trade;
IX. guidelines of the national transportation policy;
X. regime of the ports and lake, river, ocean, air, and aerospace navigation;
XI. traffic and transportation;
XII. mineral deposits, mines, other mineral resources, and metallurgy;
XIII. nationality, citizenship, and naturalization;
XIV. Indian populations;
XV. emigration, immigration, entry, extradition, and expulsion of foreigners;
XVI. organization of the national employment system and conditions for practicing professions;
XVII. judicial organization of the Public Prosecution of the Federal District and of the territories, of the Public Defender's Office of the territories, as well as the administrative organization thereof;
XVIII. national statistical system and mapping and geology system;
XIX. systems for savings, as well as obtaining and guaranteeing public savings;
XX. consortium and raffle systems;
XXI. general organization rules, troops, war materials, guarantees, enlisting, and mobilizing military police forces and military fire brigades;
XXII. jurisdiction of the federal police and of the federal highway and railway police;
XXIII. social security;
XXIV. guideline and bases for national education;
XXV. public registries;
XXVI. nuclear activities of any nature;
XXVII. general rules for all types of bidding and contracting, for governmental entities, associate government agencies, and foundations of the Union, the States, the Federal District, and the Municipalities, in accordance with article 37 XXI, and for public enterprises and joint stock companies, under the terms of article 173 (1) III;
XXVIII. territorial defense, aerospace defense, maritime defense, civil defense, and national mobilization;
XXIX. commercial advertising;
(1) A supplemental law may authorize the States to legislate on specific questions to the matters listed in this article.
Article 23 [Common Powers](0) It is incumbent, in common, upon the Union, the States, the Federal District, and the Municipalities:
I. to ensure that the Constitution, the laws, and the democratic institutions are complied with and that public property is preserved;
II. to attend to public assistance and health, as well as to protection and guarantee of handicapped persons;
III. to protect documents, works, and other assets of historical, artistic and cultural value, monuments and remarkable natural scenery, as well as archaeological sites;
IV. to prevent works of art and other assets of historical, artistic or cultural value from being taken out of the country, destroyed and decharacterized;
V. to provide means of access to culture, to education and to science;
VI. to protect the environment and fight pollution in any of its forms;
VII. to preserve the forests, fauna, and flora;
VIII. to foment agricultural and livestock production and organize the supply of food;
IX. to promote programs for the construction of housing and the improvement of housing and basic sanitation conditions;
X. to fight the causes of poverty and the factors leading to marginal living conditions, promoting integration of the unprivileged sectors;
XI. to register, monitor, and supervise concessions of rights to research and exploit hydric and mineral resources within their territories;
XII. to establish and implement an educational policy for traffic safety.
(1) Supplementary laws establish rules for the cooperation between the Federal Government 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 [Concurrent Legislation](0) It is incumbent upon the Union, the States, and the Federal District to legislate concurrently on:
I. tax, financial, penitentiary, economic, and city planning law;
II. the budget;
III. commercial registries;
IV. costs of forensic services;
V. production and consumption;
VI. forests, hunting, fishing, fauna, reservation of nature, defense of the soil and natural resources, protection of the environment, and pollution control;
VII. protection of historical, cultural, artistic and touristic monuments, including natural scenic beauties;
VIII. liability for damages to the environment, to consumers, to assets and rights of an artistic, aesthetic, historical and touristic value, including natural scenic beauties;
IX. education, culture, teaching, and sports;
X. creation, operation, and proceedings of the small claims courts;
XI. court procedure;
XII. social security, protection, and defense of health;
XIII. legal assistance and public defense;
XIV. protection and social integration of handicapped persons;
XV. protection of childhood and of youth;
XVI. organization, guarantees, rights and duties of the civil police.
(1) Within the scope of concurrent legislation, the jurisdiction of the Republic is limited to establishing general rules.
(2) The jurisdiction of the Republic to legislate under general rules does not preclude the supplementary jurisdiction of the States.
(3) If there is no federal law on general rules, the States exercises full legislative jurisdiction to provide for their peculiarities.
(4) The supervenience of a federal law over general rules suspends the effectiveness of a State law, to that extent that it is contrary thereto.
Article 25 [The States of the Federation](0) The States are organized and governed by the Constitutions and the laws which they may adopt, with due regard for the principles of this Constitution.
(1) To the States is reserved jurisdiction over the matters not forbidden to them by this Constitution.
(2) The states have the power to operate, directly or by means of concession, the local services of piped gas, as provided for by law, it being forbidden to issue any provisional measure for its regulation.
(3) The States may, by means of a supplemental law, institute metropolitan regions, city agglomerations, and microregions, formed by grouping neighboring municipalities, in order to integrate the organization, planning and execution of public functions of common interest.
Article 26 [Property of the States]The following are included among the property of the States:
I. superficial or underground waters, whether flowing, emerging or in reservoirs, with the exception, in the latter case, as set forth in the law, of those resulting from works carried out by the Republic;
II. areas, on ocean and coastal islands, which are under their domain, excluding those under the domain of the Republic, Municipalities, or third parties;
III. river and lake islands which do not belong to the Republic;
IV. vacant government lands not comprised among those of the Republic.
Article 27 [Composition of Legislative](0) The number of representatives on the State Legislative Assembly is three times the representation of the State on the House of Representatives and, when the number attains thirty-six, is increased by as many Representatives as there are Federal Representatives in excess of twelve.
(1) The term of the State Representatives is four years, and they are subject to the provisions of this Constitution regarding the electoral system, inviolability, immunities, compensation, loss of office, leave of absence, impairments, and enlisting into the Armed Forces.
(2) The compensation of State Deputies is established by an act of the State Legislative Assembly, in the proportion of seventy-five percent, at most, of the compensation established, in legal tender, for Federal Deputies, as provided by articles 39 (4), 57 (7), 150 II, 153 III, and 153 (2) I.
(3) It is incumbent upon the Legislative Assemblies to provide on their internal regulations, police and administrative services of their secretariat, and to fill the respective offices.
(4) The law provides for public initiative in State legislative proceedings.
Article 28 [Executive branch](0) The election of the Governor and the Vice Governor of a state, for a term of office of four years, is held on the first Sunday of October, in the first round, and on the last Sunday of October, in the second round, as the case may be, of the year preceding the one in which the term of office of their predecessors ends, and they take office on January 1 of the following year, in accordance, otherwise, with the provisions of article 77.
(1) The Governor who takes another post or function in governmental entities or entities owned by the Government loses his office, with the exception of the taking of office by virtue of a public sector entrance examination, and with due regard for the provisions in article 38 I, IV, and V.
(2) The compensation of the Governor, the Vice Governor, and of the State Cabinet Members is established by an act of the State Legislative Assembly, as provided by articles 37 XI, 39 (4), 150 II, 153 III, and 153 (2) I.
Article 29 [The Municipalities]Municipalities are governed by organic law, voted in two rounds, with a minimum interval of ten days between each voting, and approved by two thirds of the members of the City Council, which enacts it, complying with the principles established in this Constitution and in the Constitution of the respective State and with the following precepts:
I. election of the Mayor, of the Vice Mayor, and of the City Councilmen, for a term of office of four years, through direct and simultaneous elections held throughout the entire country;
II. election of the Mayor and Vice Mayor on the first Sunday of October of the year preceding the end of the term of office of those they are to succeed, subject, in the case of municipalities with over two hundred thousand voters, to the provisions set forth in article 77;
III. investiture of the Mayor and of the Vice Mayor on January 1st of the year subsequent to the year of election;
IV. the following limits apply to the composition of Municipal Chambers:
a. 9 (nine) councilmen, in Municipalities with up to 15,000 (fifteen thousand) inhabitants;
b. 11 (eleven) councilmen, in Municipalities with over 15,000 (fifteen thousand) inhabitants and with up to 30,000 (thirty thousand) inhabitants;
c. 13 (thirteen) councilmen, in Municipalities with over 30,000 (thirty thousand) inhabitants and with up to 50,000 (fifty thousand) inhabitants;
d. 15 (fifteen) councilmen, in Municipalities with over 50,000 (fifty thousand) inhabitants and with up to 80,000 (eighty thousand) inhabitants;
e. 17 (seventeen) councilmen, in Municipalities with over 80,000 (eighty thousand) inhabitants and with up to 120,000 (one hundred and twenty thousand) inhabitants;
f: 19 (nineteen) councilmen, in Municipalities with over 120,000 (one hundred and twenty thousand) inhabitants and with up to 160,000 (one hundred and sixty thousand) inhabitants;
g. 21 (twenty-one) councilmen, in Municipalities with over 160,000 (one hundred and sixty thousand) inhabitants and with up to 300,000 (three hundred thousand) inhabitants;
h. 23 (twenty-three) councilmen, in Municipalities with over 300,000 (three hundred thousand) inhabitants and with up to 450,000 (four hundred and fifty thousand) inhabitants;
i. 25 (twenty-five) councilmen, in Municipalities with over 450,000 (four hundred and fifty thousand) inhabitants and with up to 600,000 (six hundred thousand) inhabitants;
j. 27 (twenty-seven) councilmen, in Municipalities with over 600,000 (six hundred thousand) inhabitants and with up to 750,000 (seven hundred thousand) inhabitants;
k. 29 (twenty-nine) councilmen, in Municipalities with over 750,000 (seven hundred thousand) inhabitants and with up to 900,000 (nine hundred thousand) inhabitants;
l. 31 (thirty-one) councilmen, in Municipalities with over 900,000 (nine hundred thousand) inhabitants and with up to 1,050,000 (one million and fifty thousand) inhabitants;
m. 33 (thirty-three) councilmen, in Municipalities with over 1,050,000 (one million and fifty thousand) inhabitants and with up to 1,200,000 (one million and two hundred thousand) inhabitants;
n. 35 (thirty-five) councilmen, in Municipalities with over 1,200,000 (one million and two hundred thousand) inhabitants and with up to 1,350,000 (one million three hundred and fifty thousand) inhabitants;
o. 37 (thirty-seven) councilmen, in Municipalities with 1,350,000 (one million three hundred and fifty thousand) inhabitants and with up to 1,500,000 (one million five hundred thousand) inhabitants;
p. 39 (thirty-nine) councilmen, in Municipalities with over 1,500,000 (one million five hundred thousand) inhabitants and with up to 1,800,000 (one million eight hundred thousand) inhabitants;
q. 41 (forty-one) councilmen, in Municipalities with over 1,800,000 (one million eight hundred thousand) inhabitants and with up to 2,400,000 (two million four hundred thousand) inhabitants;
r. 43 (forty-three) councilmen, in Municipalities with over 2,400,000 (two million four hundred thousand) inhabitants and with up to 3,000,000 (three million) inhabitants;
s. 45 (forty-five) councilmen, in Municipalities with over 3,000,000 (three million) inhabitants and with up to 4,000,000 (four million) inhabitants;
t. 47 (forty-seven) councilmen, in Municipalities with over 4,000,000 (four million) inhabitants and with up to 5,000,000 (five million) inhabitants;
u. 49 (forty-nine) councilmen, in Municipalities with over 5,000,000 (five million) inhabitants and with up to 6,000,000 (six million) inhabitants;
v. 51 (fifty-one) councilmen, in Municipalities with over 6,000,000 (six million) inhabitants and with up to 7,000,000 (seven million) inhabitants;
w. 53 (fifty-three) councilmen, in Municipalities with over 7,000,000 (seven million) inhabitants and with up to 8,000,000 (eight million) inhabitants; and
x. 55 (fifty-five) councilmen, in Municipalities with over 8,000,000 (eight million) inhabitants;
V. compensation of the Mayor, of the Vice Mayor, and the Local Cabinet Members established of the Town Council in each legislature for the subsequent one, with due regard for the provisions of Articles 37 XI, 150 II, 153 III, and 153 (2) I;
VI. compensation of Local Councilmen established by an act of the Town Council, in the proportion of seventy-five percent, at most, of the compensation established, in legal tender, for State Deputies, as provided by articles 39 (4), 57 (7), 150 II, 153 III, and 153 (2) I;
VII. the total expenditure with the remuneration of the City Councilmen may not exceed the amount of five percent of the revenue of the Municipality;
VIII. inviolability of City Councilmen for their opinions, words, and votes while in office and within the jurisdiction of the Municipality;
IX. prohibitions and incompatibilities, while in the office of City Councilmen, similar, where applicable, to the provisions of this Constitution for members of Congress and, of the Constitution of the respective State, for members of the Legislative Assembly;
X. trial of the Mayor before the Court of Appeals;
XI. organization of the legislative and supervisory functions of the City Council;
XII. cooperation of representative associations in municipal planning;
XIII. public initiative in bills of law of specific interest to the Municipality, the city or the districts, through the manifestation of at least five percent of the voters;
XIV. loss of the office of Mayor according to Article 28 (1).
Article 29 A [Total Expenditures of the Municipal Legislative Branch](0) The total expenditures of the Municipal Legislative Branch, including the compensation of Local Councilmen and excluding outlays on retired personnel, may not exceed the following percentages, related to the total amount, effectively realized in the prior year, of tax revenues and the transfers set forth in article 153 (5), and in articles 158 and 159:
I. 7% (seven percent) in the case of Municipalities having up to 100,000 (one hundred thousand) inhabitants;
II. 6% (six percent) in the case of Municipalities having between 100,000 (one hundred thousand) and 300,000 (three hundred thousand) inhabitants;
III. 5% (five percent) in the case of Municipalities having between 300,001 (three hundred thousand and one) inhabitants and 500,000 (five hundred thousand) inhabitants;
IV. 4.5% (four and five tenths per cent) in the case of Municipalities having between 500,001 (five hundred thousand and one) and 3,000,000 (three million) inhabitants;
V -- 4% (four percent) in the case of Municipalities having between 3,000,001 (three million and one) and 8,000,000 (eight million) inhabitants;
VI -- 3.5% (three and five tenths per cent) in the case of Municipalities having over 8,000,001 (eight million and one) inhabitants.
(1) The Town Council may not spend more than seventy percent of its allocation on the payroll, including expenses on the compensation of its member councilmen.
(2) The following acts of the Municipal Mayor are crimes of malversation:
I. to effect a remittance in excess of the limits stipulated in this article;not to effect a remittance before the twentieth day of each month;
III. to effect a remittance below the proportion stipulated in the Budgetary Law.
(3) It is a crime of malversation for the President of the Town Council to disobey paragraph (1) of this article.
Article 30 [Municipal of Self Government]It is incumbent upon the Municipalities:
I. to legislate on matters of local interest;
II. to supplement federal and state legislation where applicable;
III. to institute and collect the taxes coming under their jurisdiction, as well as apply their revenues, regardless of the obligation to render accounts and public trial balance sheets within the periods established by law;
IV. to create, organize, and suppress districts, with due regard for state legislation;
V. to organize and render, either directly or by concession or permission, essential public services of local interest, including collective transportation;
VI. maintain, with the technical and financial cooperation of the Federal Government and the state, programs of infant and elementary school education;
VII. to render, with the technical and financial cooperation of the Republic and State, health services to the population;
VIII. to promote, where applicable, adequate land ordainment through planning and control of use, apportionment, and occupation of the city soil;
IX. to promote the protection of local historical cultural monuments, with due regard for federal and state legislation and supervision.
Article 31 [Supervision](0) Supervision of the Municipality is exercised by the Municipal Legislative Branch, through outside control, and by the internal control systems of the Municipal Executive Branch, as set forth in the law.
(1) Outside control of the City Council is exercised with the assistance of the Audit Courts of the State or Municipality or of the Audit Councils or Courts of the Municipalities, whenever existing.
(2) The prior opinion, issued by the proper agency, on the accounts to be rendered by the Mayor annually, may only not prevail by a decision of two thirds of the members of the City Council.
(3) The accounts of the Municipalities remain each year available to any taxpayer for sixty days, for examination and evaluation, and any taxpayer may question their legitimacy according to the law.
(4) The creation of new Municipal Audit Courts, Councils, or agencies is forbidden after the promulgation of this Constitution.
Article 32 [The Federal District Government](0) The Federal District, which may not be divided into Municipalities, is governed by an organic law, voted in two rounds with a minimum interval of ten days, and approved by two thirds of the Legislative House, which enact it, complying with the principles established in this Constitution.
(1) The legislative jurisdiction reserved to the States and Municipalities is attributed to the Federal District.
(2) The election of the Governor and of the Vice Governor, with due regard for the provisions of Article 77, and of the District Representatives coincides with that of the State Governors and Representatives, for a term of office of the same duration.
(3) The provisions of Article 27 apply to the District Representatives and to the Legislative Assembly.
(4) A federal law provides for the use, by the Government of the Federal District, of the civil and military police and of the military fire brigade.
Article 33 [The Territories of the Republic](0) The law provides for the administrative and judicial organization of the Territories.
(1) The Territories may be divided into Municipalities, which are subject, when applicable, to the provisions of Chapter IV of this Title.
(2) The accounts of the Government of a Territory are submitted to Congress, with the prior opinion of the Audit Tribunal of the Union.
(3) In Federal Territories with over one hundred thousand inhabitants, besides the Governor appointed according to this Constitution, there are judicial bodies of first and second instances, members of the Attorney General's Office, and federal public defenders; the law provides for the elections of the Territory House and its decision making authority.
Article 34 [Federal Intervention on States and Federal District]The Republic may not intervene in the States or in the Federal District, except to:
I. maintain national integrity;
II. fight back a foreign invasion or invasion of one unit of the Federation in another;
III. put an end to a serious jeopardy to public order;
IV. guarantee the free exercise of any of the Branches in the units of the Federation;
V. reorganize the finances of a unit of the Federation which:
a) suspends payment of a consolidated debt for more than two consecutive years, except in the event of force majeure;
b) fails to deliver to the Municipalities tax revenues established in this Constitution, within the periods of time established by law;
VI. provide for the enforcement of a federal law, court order, or decision;
VII. ensure compliance with the following constitutional principles:
a) republican form, representative system, and democratic regime;
b) the rights of the individual;
c) municipal autonomy;
d) rendering of accounts of the direct and indirect government administration;
e) the application of the minimum required amount of the revenues resulting from state taxes, including revenues originating from transfers, to the maintenance and development of education and to health actions and public services.
Article 35 [Intervention in a Municipality]The State may not intervene in its Municipalities, and neither the Republic in the Municipalities located in a Federal Territory, unless:
I. the consolidated debt is not paid for two consecutive years, except for reasons of force majeure;
II. the proper accounts are not rendered, according to the law;
III. the minimum required amount of municipal revenues has not been applied to the maintenance and development of education and to health actions and public services;
IV. the Court of Appeals grants a petition to ensure compliance with principles indicated in the State Constitution or for enforcement of a law, court order or decision.
Article 36 [Rules of Procedure](0) A decree of intervention depends:
I. in the event of Article 34 IV, on a request from the coerced or impeded Legislative or Executive, or in a requisition from the Federal Supreme Court, if the coercion is exerted against the Judiciary;
II. in the event of a court order or decision, on a requisition from the Federal Supreme Court, the Superior Court of Appeals, or the Superior Electoral Court;
III. on the granting of a petition from the Attorney-General of the Republic by the Supreme Federal Court, in the case of article 34 VII, and in the case of refusal to enforce a federal law.
IV.
{Revoked}
(1) The decree of intervention, which specifies the extent, the period and the conditions of enforcement and which, if applicable, appoints the intervenor, is submitted to review by Congress or the State Legislative Assembly within twenty-four hours.
(2) If Congress or the Legislative Assembly are not in session, an extraordinary session is called within the same twenty-four hours.
(3) In the events of Article 34 VI and VII, or of Article 35 VI, upon waiver of review by Congress or by the Legislative Assembly, the decree is limited to staying execution of the challenged act, if such measure is sufficient to restore normality.
(4) When the reasons for the intervention cease, the authorities removed from their offices return to them, unless there is a legal impediment.
Article 37 [General Basis](0) The governmental entities and entities owned by the Government in any of the powers of the Union, the states, the Federal District and the Municipalities obey the principles of lawfulness, impersonality, morality, publicity, and efficiency, and also the following:
I. public offices, positions and functions are accessible to all Brazilians who meet the requirements established by law, as well as to foreigners, under the terms of the 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, according to the nature and the complexity of the office or position, as provided by law, except for appointment to a commission office declared by law as being of free appointment and discharge;
III. the period validity of a public examination is up to two years, extendable once for a like period;
IV. during the unextendable period set forth in the public call notice, a person approved in a public competitive examination of tests or of tests and titles is called, with priority over new approved applicants, to assume an office or position in the career;
V. positions of trust, exercised exclusively by public employees holding an effective post, and commission offices, to be exercised by career employees in the cases, under the conditions and within the minimum percentages established in law, are reserved exclusively for the duties of directors, chiefs of staff, and assistants;
VI. civil servants are assured of the right to free union association;
VII. the right to strike is exercised in the manner and within the limits defined by a specific law;
VIII. the law reserves a percentage of public offices and positions for handicapped persons and defines the criteria for hiring them;
IX. the law establishes the cases of hiring a given person for a period of time in order to attend to a temporary need of exceptional public interest;
X. the remuneration of Government employees and the compensation referred to in article 39 (4) may only be established or altered by means of a specific law, with due regard for the exclusive capacity to introduce a law in each case, an annual general review being ensured, always on the same date and without distinction between the indices;
XI. the remuneration and the compensation of the holders of public offices, functions and positions in governmental entities, associate government agencies, and foundations; of the members of any of the Powers of the Union, of the States, the Federal District, and the Municipalities; of the holders of elective offices, and of any other political agent, as well as the pay, pension, or other type of remuneration, earned on a cumulative basis or not, including advantages of a personal nature or of any other nature, may not be higher than the monthly compensation, in legal tender, of the Justices of the Supreme Federal Court, and the following limits are applied: in Municipalities, the compensation of the Mayor; in the States and in the Federal District, the monthly compensation of the Governor in the sphere of the Executive Branch, the compensation of State and Federal District Deputies in the sphere of the Legislative Branch, and the compensation of the Judges of the State Court of Justice, limited to ninety and twenty-five hundredths percent of the monthly compensation, in legal tender, of the Justices of the Supreme Federal Court in the sphere of the Judicial Branch, this limit being applicable to the members of the Office of the Public Interest Attorney, to Prosecutors, and to Public Legal Defenders;
XII. the compensation for the offices of the Legislative and of the Judiciary may not be higher than the compensation paid for the Executives;
XIII. the linkage or equalization of any type of pay for purposes of the remuneration of the personnel in the public services is forbidden;
XIV. the pecuniary raises received by a government employee may not be computed or accumulated for purposes of granting subsequent raises;
XV. the compensation and the salaries of holders of public offices and positions may not be reduced, except for the provisions of items XI and XIV of this article and of articles 39 (4), 150 II, 153 III, and 153 (2) I;
XVI -- remunerated accumulation of public offices is forbidden, except, when there is compatibility of working hours, and with due regard, in any instance, for the provision of item XI:
a) of two teaching positions;
b) of one teaching position with another technical or scientific position;
c) of two positions or jobs which are exclusive for health professionals, with regulated professions;
XVII, the prohibition to accumulate extends to positions and functions and includes associate government agencies, foundations, public enterprises, joint stock companies, their subsidiary companies, and companies controlled either directly or indirectly by the Government
XVIII. the financial administration and its fiscal servants, within their spheres of authority and jurisdiction, enjoy precedence over the other administration sectors, as set forth in the law;
XIX. the creation of an associate Government agency and the establishment of a public enterprise, a joint stock company, and a foundation may only take place by means of a specific law, and, in the latter case, a supplementary law specifies the areas of operation;
XX. the organization of subsidiaries of the entities mentioned in the preceding item requires legislative authorization in each case, as also participation by any of them in a private company;
XXI. except for the cases specified in the law, public works, services, purchases, and disposals are contracted by public bidding, ensuring equal conditions to all bidders, with clauses that establish payment obligations, maintaining the effective conditions of the bid, according to the law, which only allows requirement of technical and economic qualifications essential to secure performance of the obligations;
XXII. the tax administrations of the Union, of the States, the Federal District, and the Municipalities, whose activities are essential for the operation of the State and are exercised by employees of specific careers, has priority funds for the implementation of their activities and works in an integrated manner, including the sharing of tax rolls and fiscal information, under the terms of the law or of a covenant.
(1) The publicity of government agencies acts, programs, public works, services, and campaigns is of an educational, informative, or social orientation character, and may not include names, symbols, or images representing personal promotion of government authorities or employees.
(2) Non-compliance with the provisions of items II and III results in nullity of the act and punishment of the responsible authority, according to the law.
(3) The law regulates the forms of participation of users in governmental entities and in entities owned by the Government, especially as regards:
I. claims relating to the rendering of public services in general, the provision of user services being ensured, as well as periodical assessment, both external and internal, of the quality of services;
II. the access of users to administrative records and to information about Government initiatives, with due regard for article 5 X and XXXIII;
III. the rules of a complaint against negligence or abuse in the exercise of an office, position or function in government services.
(4) Acts of administrative dishonesty result in suspension of political rights, loss of public office, prohibition to transfer personal property an reimbursement to the Public Treasury, in the manner and grading set forth in the law, without prejudice to the applicable criminal action.
(5) The law establishes the statute of limitations for unlawful acts performed by any agent, whether or not a civil servant, which cause losses to the Public Treasury, regardless of the respective claims for reimbursement.
(6) Public entities and private entities rendering public services are liable for the damages caused to third parties, by their agents, in such capacity, ensuring the right of recourse against the liable agent in cases of intent or fault.
(7) The law establishes the requirements and restrictions regarding the holder of an office or position, in governmental entities and entities owned by the government, which provides access to inside information.
(8) The managerial, budgetary and financial autonomy of governmental agencies and entities, as well as of entities owned by the Government, may be extended by means of a contract, to be entered into by their administrators and the Government, with a view to the establishment of performance goals for the agency or entity, and the law provides for:
I. the term of the contract;
II. the controls and criteria for the appraisal of performance, rights, duties, and liability of managing officers;
III. the remuneration of the employees.
(9) The provision of item XI applies to the public enterprises and to joint stock companies and their subsidiary companies which receive funds from the Union, the States, the Federal District, or the Municipalities for the payment of personnel expenditures or of general expenses.
(10) Receiving retirement pensions arising from article 40 or from articles 42 and 142, while at the same time receiving the remuneration of a public office, position or function is forbidden, with the exception of offices that may be accumulated under the terms of this Constitution, elective offices, and commission offices declared by law as being of free appointment and discharge.
(11) The compensatory amounts set forth in law may not be computed for the purposes of the remuneration limits referred to in item XI of the head paragraph of this article.
(12) For the purposes provided by item XI of the head paragraph of this article, the States and the Federal District may stipulate, within their own sphere, by means of an amendment to their respective Constitutions and Organic Law, as a single limit, the monthly compensation of the Judges of the respective State Court of Justice, limited to ninety and twenty-five hundredths percent of the monthly compensation of the Justices of the Supreme Federal Court, and the provision of this paragraph may not be applied to the compensation of State and Federal District Deputies and of City Councilmen.
Article 38 [Servants and Representatives]The following provisions are applicable to public employees holding elective offices in a governmental entity, an associate government agency, and a foundation:
I. in the case of a federal, state, or district elective office, he leaves his office, position of function;
II. if vested in the office of Mayor, he is removed from the office, position, or function, and he may opt for the respective compensation;
III. if vested in the office of City Councilman, and if the working hours are compatible, he receives the benefits of his office, position, or function, without prejudice to compensation for the elective office, and, if there is no such compatibility, the provisions of the preceding item apply;
IV. in any case requiring leave of absence for the exercise of an elective office, his period of service is counted for all legal purposes, except for promotion by merit;
V. for purposes of social security benefits, in the case of leave of absence, the amounts are determined as if he were in activity.
Article 39 [Civil Servants Regime](0) The Union, the States, the Federal District and the Municipalities institute a board of administration policy and personnel remuneration policy, composed of public employees appointed by the respective Branches.
(1) The stipulation of pay levels and of other components of the remuneration system complies with:
I. the nature, the level of responsibility, and the complexity of the posts of each career;
II. the requirements for investiture;
III. the specific characteristics of each post.
(2) The Union, the States, and the Federal District establish government schools for the education and further development of public employees, and participation in such courses is one of the requirements for promotion in the career, the signing of agreements or contracts among federated units being therefore allowed.
(3) The provisions of article 7 IV, VII, VIII, IX, XII, XIII, XV, XVI, XVII, XVIII, XIX, XX, XXII and XXX apply to employees holding public offices, and the law may stipulate differentiated requirements for admission when the nature of the office so demands.
(4) A member of one of the Branches, the holder of an elective office, the Ministers of State, and the members of State and Local Cabinets are remunerated exclusively by means of a compensation consisting of one sole item, the addition of any extra benefit, additional pay, bonus, award, representation allowance, or other type of remuneration being forbidden, with due regard, in any of the cases, for the provisions of article 37 X and XI.
(5) The legislation of the Union, the States, the Federal District, and the Municipalities may establish the proportion between the highest and the lowest remuneration of public employees, with due regard, in any of the cases, for the provision of article 37 XI.
(6) The Executive, Legislative and Judicial Branches publish the amounts of the compensation and of the remuneration of public offices and positions each year.
(7) The legislation of the Union, the States, the Federal District, and the Municipalities regulates the utilization of the budgetary funds deriving from savings in current expenditures in each agency, associate government agency and foundation, to be used in the development of programs of quality and productivity, training and development, modernization, re-equipping and rationalization of public services, including as additional pay or productivity award.
(8) The remuneration of public employees organized in a career may be established under the terms of paragraph 4.
Article 40 [Retirement](0) Employees holding effective posts in the Union, the States, the Federal District, and the Municipalities, therein included their associate government agencies and foundations, are ensured of a social security scheme on a contributory and solidary basis, with contributions form the respective public entity, from the current employees, retired personnel, and pensioners, with due regard for criteria that preserve financial and actuarial balance and for the provisions of this article.
(1) The employees covered by the social security scheme set forth in this article go into retirement, their pensions being calculated according to the amounts stipulated under the terms of paragraph (3) and (17):
I. for permanent disability, with a pension in proportion to the period of contribution, except when such disability results from a work injury, a professional disease, or a serious, contagious, or incurable illness, as specified by law;
II. compulsorily, at seventy years of age, with a pension in proportion to the period of contribution;
III. voluntarily, upon completing at least ten years of effective exercise in public administration and five years in the effective post from which retirement is going to take place, with due regard for the following conditions:
a) sixty years of age and thirty-five of contribution, if a man, and fifty-five years of age and thirty of contribution, if a woman;
b) sixty-five years of age, if a man, and sixty, if a woman, with pay in proportion to the period of contribution.
(2) At the time they are granted, retirement pensions and other pensions may not exceed the remuneration of the respective employee in the effective post from which he retired or which was taken as a parameter for the granting of the pension.
(3) The calculation of the retirement pension, at the time retirement is granted, takes into account the remunerations used as basis for the contributions of the employee to the social security schemes mentioned in this article and in article 201, under the terms of the law.
(4) The adoption of differentiated requirements and criteria for the granting of retirement to those covered by the scheme set forth in this article is forbidden, with the exception of the cases, as defined by supplementary laws, of employees:
I. with disabilities;
II. engaged in hazardous activities;
III. engaged in activities carried out under special conditions, which are harmful to health or to physical wholeness.
(5) The requirements concerning age and period of contribution will be reduced by five years, as regards the provision of (1) III a), for teachers who document exclusively a period of effective exercise of teaching functions in children education and in elementary and secondary education.
(6) With the exception of the cases of retirement from posts that can be accumulated under the terms of this Constitution, receiving more than one retirement pension charged to the social security scheme set forth in this article is forbidden.
Constitutional Amendments
(7) The law provides for the granting of the benefit of a death pension, which will be equal to:
I. the total amount of the retirement pension of the deceased employee, up to the maximum limit established for the benefits of the general social security scheme referred to in article 201, increased by seventy percent of the amount in excess of this limit, if the employee had already retired on the date of his death; or
II. the total amount of the remuneration of the employee in the effective post he was holding on the date of his death, up to the maximum limit established for the benefits of the general social security scheme referred to in article 201, increased by seventy percent of the amount in excess of this limit, if the employee was in active service on the date of his death.
(8) Readjustment of the benefits is ensured, to the end that their real value is permanently maintained, in accordance with criteria established by law.
(9) The period of contribution in a federal, state, or municipal post is computed for the purpose of retirement, and the corresponding period of service is computed for the purpose of placement on paid availability.
(10) The law may not establish any method of computation of fictitious periods of contribution.
(11) The limit set forth in article 37 XI, applies to the total amount of the retirement pension and other pensions, including those resulting from the accumulation of public posts or positions, as well as from other activities which must contribute to the general social security scheme, and to the amount resulting from the addition of pensions and the remuneration of a post which may be accumulated under the terms of this Constitution, a commission office declared by law as being of free appointment and discharge, and an elective office.
(12) In addition to the provisions of this article, the social security scheme of government employees who hold effective posts complies, whenever appropriate, with the requirements and criteria stipulated for the general social security scheme.
(13) The general social security scheme applies to employees who hold exclusively commission offices declared by law as being of free appointment and discharge, as well as other temporary posts or public positions.
(14) The Union, the States, the Federal District, and the Municipalities, provided that they establish a complementary social security scheme for their respective employees who hold effective posts, may stipulate, for the amount of retirement pensions and other pensions to be granted by the scheme referred to in this article, the maximum limit set forth for the benefits of the general social security scheme referred to in article 201.
(15) The complementary social security scheme referred to in paragraph (14) is instituted by an act of the respective Executive Power, with due regard for the provisions of article 202 and its paragraphs, insofar as pertinent, through closed private pension plan companies, of a public nature, which will offer to their respective participants benefit plans exclusively in the defined contribution mode.
(16) The provisions of (14) and (15) may be applied to an employee who has entered public administration on or before the date of publication of the act which instituted the corresponding complementary social security scheme only if such employee has previously expressed such option.
(17) All remuneration amounts taken into account in the calculation of the benefit set forth in paragraph (3) are duly updated, under the terms of the law.
(18) A contribution is levied on retirement pensions and other pensions granted by the scheme referred to in this article if such pensions exceed the maximum limit established for the benefits of the general social security scheme mentioned in article 201, at a percentage equal to the one established for employees holding effective posts.
(19) Employees referred to in this article who have fulfilled the requirements for voluntary retirement stipulated in paragraph (1) III a), and who choose to remain working are entitled to a continuous activity bonus equivalent to the amount of their social security contribution until such date as they fulfill the requirements for compulsory retirement set forth in paragraph (1) II.
(20) The establishment of more than one special social security scheme for employees holding effective posts, and of more than one unit to manage the respective scheme in each state is forbidden, except for the provision of article 142 (3) X.
(21) The contribution set forth in paragraph (18) of this article is levied only on the portions of retirement pensions and other pensions which exceed an amount equal to twice the maximum limit established for the benefits of the general social security scheme mentioned in article 201 of this Constitution, if the beneficiaries, under the terms of the law, suffer from incapacitating diseases.
Article 41 [Tenure](0) Servants who, by virtue of public entrance examinations, are appointed to effective posts, acquire tenure after three years of actual service.
(1) A tenured public employee only loses his office:
I. by virtue of a final and unappealable judicial decision;
II. by means of an administrative proceeding, in which he is assured of ample defense;
III. by means of a procedure of periodical appraisal of performance, under the terms of a supplementary law, ample defense being assured.
(2) If the dismissal of a tenured public employee is voided by a judicial decision, he is reinstated, and the occupant of the vacancy, when tenured, is led back to his original office, with no right to indemnity, taken to another office or placed on paid availability with remuneration proportional to his length of employment.
(3) If the office is declared extinct or unnecessary, a tenured public employee remains on availability, with remuneration proportional to his length of employment, until he is adequately placed in another office.
(4) As a requirement to acquire tenure, a special appraisal of performance by a committee created for this purpose is mandatory.
Article 42 [Military Servants](0) The members of the Military Police and of the Military Fire Brigades, institutions whose organization is based on hierarchy and discipline, are military of the States, of the Federal District and of the Territories.
(1) The provisions of article 14 (8); article 40 (9); and of article 142 (2) and (3) apply to the military of the States, of the Federal District and of the Territories, in addition to other provisions that the law may establish, it being incumbent upon specific state legislation to provide for the matters of article 142 (3) X, the ranks of the officers being awarded by the respective State Governors.
(2) The provisions that may be established by a specific act of the respective state apply the pensioners of the military of the States, of the Federal District and of the Territories.
Article 43 [Administrative Regions of the Republic](0) For administrative purposes, the Republic may coordinate its action in one same social and geoeconomic complex, seeking to achieve its development and to reduce regional differences.
(1) A supplemental law provides for:
I. the conditions for the integration of developing regions;
II. the composition of the regional organizations which carries out, as set forth in the law, the regional plans included in the national economic and social development plans and approved concurrently.
(2) Regional incentives include, besides others, as set forth in the law:
I. equal tariffs, freight, insurance, and other cost and price items, which are the responsibility of the Government;
II. favored interest rates for financing of priority activities;
III. exemptions, reductions, or temporary deferment of federal taxes due by individuals or by legal entities;
IV. priority in the economic and social use of rivers and dammed or damnable water masses in low-income regions subject to periodical droughts.
(3) In the areas referred to in Paragraph (2) IV, the Republic grants incentives for the recovery of arid lands and cooperates with small and medium sized rural owners in implementing water sources and small-scale irrigation in their tracts of land.
Title IV The Organization of the Powers
Article 44 [Federal Legislative Branch](0) The Legislative Authority of the Republic is exercised by the National Congress, which is composed of the House of Representatives and of the Federal Senate.
(1) Each legislature has a duration of four years.
Article 45 [House Composition](0) The House of Representatives is formed by representatives of the people, elected by the proportional system in each State, in each Territory and in the Federal District.
(1) The total number of Representatives, as well as the representation per State and for the Federal District, is established by a supplemental law in proportion to the population, the necessary adjustments to be made in the year preceding the elections, so that none of those units of the Federation has less than eight or more than seventy Representatives.
(2) Each Territory elects four Representatives.
Article 46 [Representation in the Senate](0) The Federal Senate is composed of members representing the States and the Federal District, elected by majority vote.
(1) Each State and the Federal District elect three Senators with term of office of eight years.
(2) One third and two thirds of the representation of each State and of the Federal District are renewed every four years, alternately.
(3) Each Senator is elected with two alternates.
Article 47 [Deliberative Quorum]Unless otherwise established in this Constitution, the resolutions of each Chamber of Congress and of its Committees are adopted by a majority vote with the attendance of the absolute majority of its members.
Article 48 [Legislative Powers]The National Congress has the power, with the sanction of the President of the Republic, which may 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, and income distribution;
II. pluriannual plan, budgetary directives, annual budget, credit transactions, public debt, and issue of money;
III. establishment and modification of the number of troops of the Armed Forces;
IV. national, regional, and sectorial development programs and plans;
V. boundaries of the national territory, air, and maritime space and property owned by the Republic;
VI. incorporation, subdivision, or splitting of areas of Territories or States, after hearing the respective Legislative Assemblies;
VII. temporary transfer of the seat of the Federal Government;
VIII. granting of amnesty;
IX. administrative and judicial organization of the Public Prosecution and the Public Legal Defense of the Union and of the territories, and judicial organization of the Public Prosecution of the Federal District;
X. creation, charge, and abolishment of public offices, positions, and functions, with due regard for article 84 VI b);
XI. creation and abolishment of Ministries and Government bodies;
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;
XV. stipulation of the compensation for the Justices of the Supreme Federal Court, with due regard for articles 39 (4), 150 II, 153 III, and 153 (2) I.
Article 49 [Exclusive Functions]It is exclusively incumbent upon Congress:
I. to resolve conclusively on international acts, agreements, or treaties, which involve charges or commitments against the national patrimony;
II. to authorize the President of the Republic to declare war, to make peace, to allow foreign forces to go through the national territory, or remain therein temporarily, except for the cases set forth in a supplemental law;
III. to authorize the President and the Vice President of the Republic to leave the country, when such absence exceeds fifteen days;
IV. to approve a state of defense and federal intervention, authorize a state of siege, or suspend any of these measures;
V. to stay normative acts of the Executive Branch which exceed the regulamentary authority or the limits of the legislative delegation of Powers;
VI. to temporarily transfer its seat;
VII. to establish identical compensation for Federal Deputies and Senators, taking into account the provisions of articles 37 XI, 39 (4), 150 II, 153 III, and 153 (2) I;
VIII. to establish the compensation of the President and the Vice President of the Republic and of the Ministers of State, taking into account the provisions of articles 37 XI, 39 (4), 150 II, 153 III, and 153 (2) I;
IX. to each year examine the accounts rendered by the President of the Republic and evaluate the reports on the execution of Government plans;
X. to supervise and control, directly or through the Federal Senate and/or the House of Representatives, the acts of the Executive, including those of the indirect administration;
XI. to ensure the preservation of its legislative authority in view of the normative responsibility of the other Branches;
XII. to evaluate acts of concession and renewal of concession of radio and television stations;
XIII. to choose two thirds of the members of the Audit Tribunal of the Union;
XIV. to approve initiatives of the Executive Branch regarding nuclear activities;
XV. to authorize a referendum and to call a plebiscite;
XVI. to authorize, in Indian lands, the exploitation and use of hydric resources, and prospecting and mining of mineral resources;
XVII. to give its prior approval for the disposal or concession of public lands with an area of over two thousand and five hundred hectares.
Article 50 [Calling Officers for explanations](0) The House of Representatives or the Federal Senate, as well as any of their Committees, may call upon a Minister of State or any chief officers of agencies directly subordinate to the Presidency of the Republic, to personally render information on a pre determined matter, and his absence without adequate justification constitutes a criminal malversation.
(1) The Ministers of State may attend the Federal Senate, the House of Representatives, or any of their Committees, on their own initiative and by agreement with the respective Presiding Board, to report on a matter relevant to their Ministry.
(2) The Presiding Board of the House of Representatives and of the Federal Senate may forward written requests for information to the Ministers of State, or any of the persons mentioned in the caption of this article, and refusal or non compliance with such request within a period of thirty days, as well as the rendering of false information, constitutes a criminal malversation.
Article 51 [Exclusive Authority]It is exclusively the competence of the Chamber of Deputies:
I. to authorize, by two thirds of its members, the institution of legal action against the President and Vice President of the Republic and the Ministers of State;
II. to take the accounts of the President of the Republic, when they are not submitted to Congress within sixty days of opening of the legislative session;
III. to prepare its internal regulations;
IV. to provide for its organization, functioning, police, creation, change or abolishment of offices, positions and functions of its services, and the introduction of a law for the establishment of their respective remuneration, taking into account the guidelines set forth in the law of budgetary directive;
V. to elect the members of the Council of the Republic, according to Article 89 VII.
Article 52 [Exclusive Powers](0) 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 and the Commanders of the Navy, the Army, and the Air Force for crimes of the same nature relating to those;
II. to effect the legal proceeding and trial of the Justices of the Supreme Federal Court, the members of the National Council of Justice and of the National Council of the Public Prosecution, the Attorney-General of the Republic, and the Advocate-General of the Union for crimes of malversation;
III. to give its prior approval, by secret ballot, after public hearing, on the selection of:
a) judges, in the cases established in this Constitution;
b) Justices of the Audit Tribunal 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 determined by the law;
IV. to give its prior approval, by secret ballot, after closed hearing, on the selection of the heads of permanent diplomatic missions;
V. to authorize foreign transactions of a financial nature, of interest to the Republic, the States, the Federal District, the Territories and the Municipalities;
VI. to establish, as proposed by the President of the Republic, aggregate limits for the amount of the consolidated debt of the Republic, the States, the Federal District and the Municipalities;
VII. to provide for the aggregate limits and conditions for foreign and domestic credit transactions of the Republic, the States, the Federal District and the Municipalities, of their autonomous government entities, and other entities controlled by the Federal Government;
VIII. to provide for the limits and conditions for the Republic to render its guarantee in foreign and domestic credit transactions;
IX. to establish aggregate limits and conditions for the amount of debt of the States, the Federal District and the Municipalities;
X. to stay the application, in full or in part, of a law declared unconstitutional by final decision of the Federal Supreme Court;
XI. to approve, by absolute majority and by secret ballot, the removal from office of the Attorney General of the Republic before the end of his term of office;
XII. to draw up its internal regulations;
XIII. to provide for its organization, functioning, police, creation, change or abolishment of offices, positions and functions of its services, and the introduction of a law for the establishment of their respective remuneration, taking into account the guidelines set forth in the law of budgetary directives;
XIV. to elect the members of the Council of the Republic pursuant to Article 89 VII;
XV. to carry out a regular assessment of the functionality of the National Tax System, as regards its structure and components, as well as the performance of the tax administrations of the Union, of the States, the Federal District, and the Municipalities.
(1) In the events set forth in Items I and II, the Chief Justice of the Federal Supreme Court acts as President, and the sentence, which may only be rendered by two thirds of the Federal Senate, is limited to loss of office, with disqualification to hold any public office for a period of eight years, without prejudice to other applicable judicial sanctions.
Article 53 [Inviolability, Immunity](0) Deputies and Senators enjoy civil and criminal inviolability on account of any of their opinions, words and votes.
(1) Deputies and Senators, from the date of issuance of the certificate of election victory, are tried by the Supreme Federal Court.
(2) From the date of issuance of the certificate of election victory, the members of the National Congress may not be arrested, except in flagrante delicto of a non-bailable offense. In such case, the case records are sent within twenty-four hours to the respective House, which, by the vote of the majority of its members, decides on the arrest.
(3) Upon receiving an accusation against a Senator or Deputy, for an offense committed after the issuance of the certificate of election victory, the Supreme Federal Court cooperates inform the respective House, which, by the initiative of a political party therein represented and by the vote of the majority of those House members, may, until such time as a final decision is issued, stay consideration of the action.
(4) The request for stay is examined by the respective House within the unextendable period of forty-five days as from its receipt by the Directing Board.
(5) The stay of proceedings suspends the limitation for the duration of the term of office.
(6) Deputies and Senators may not be compelled to render testimony on information
received or given by virtue of the exercise of their mandate, nor on persons who rendered them information or received information from them.
(7) Incorporation into the Armed Forces of Deputies and Senators, even if they hold military rank and even in time of war depends upon the prior granting of permission by the respective House.
(8) The immunities of Deputies and Senators are maintained during a state of siege and may only be suspended by the vote of two- thirds of the members of the respective House, in the case of acts committed outside the premises of Congress, which are not compatible with the implementation of such measure.
Article 54 [Forbidden Actions]Representatives and Senators may not:
I. as from the date of issue of the certificates:
a) execute or maintain a contract with a public entity, an autonomous government entity, a state owned company, a mixed capital company or a public utility company, unless the contract complies with uniform clauses;
b) accept or hold a remunerated office, function or job, including those which may be terminated "ad nutum", in the entities listed in the preceding item;
II. as from taking of office:
a) be the owners, controllers, or directors of a company, which enjoys a privilege as a result of a contract with a public entity or perform a remunerated function therein;
b) hold an office or a function subject to termination "ad nutum" in the entities referred to in Item I a);
c) advocate a cause in which any of the entities referred to in Item I a), have an interest;
d) be the holder of more than one public elective position or office.
Article 55 [Cassation of Mandate](0) A Representative or Senator loses his or her office:
I. if he or she infringes upon any of the prohibitions established in the preceding article;
II. if his or her conduct is declared to be incompatible with parliamentary decorum;
III. if he or she fails to attend, during each legislative term, one third of the ordinary sessions of his or her Chamber of Congress, except for a leave of absence or a mission authorized by such Chamber of Congress;
IV. if he or she loses or suffers suspension of his or her political rights;
V. whenever decreed by the Electoral Courts, in the events set forth in this Constitution;
VI. if he or she is criminally convicted by a final and unappealable sentence.
(1) Abuse of the prerogatives ensured to members of Congress or receipt of undue advantages, besides such cases as are defined in the internal regulations, is incompatible with parliamentary decorum.
(2) In the events of Items I, II and VI, loss of mandate is decided by the House of Representatives or the Senate, by an absolute majority, on the initiative of the respective presiding board or of a political party represented in Congress. The right to full defense is ensured.
(3) In the events set forth in Items III to V, the loss is declared by the Presiding Board of the respective Chamber of Congress ex officio or on the initiative of any of its members, or of a political party represented in Congress, full defense being ensured.
(4) The resignation of a Congressman submitted to a legal suit that aims at or may lead to loss of mandate, under the provisions of this article, will have its effects suspended until the final deliberations mentioned in paragraphs (2) and (3).
Article 56 [No Cassation of Mandate](0) A Representative or Senator does not lose his or her office if:
I. he or she is vested in an office of Minister of State, Governor of a Territory, Secretary of a State, of the Federal District, or of a Territory, Mayor of a State Capital or head of a temporary diplomatic mission;
II. he or she is on leave of absence from the respective Chamber of Congress by virtue of illness, or to pursue, without compensation, a private matter, provided that, in this case, the absence does not exceed one hundred and twenty days per legislative term.
(1) The alternate is called in cases of vacancy, of investiture in the functions set forth in this article, or of leave of absence exceeding one hundred and twenty days.
(2) If a vacancy occurs and there is no alternate, an election has to be held to fill the vacancy if more than fifteen months remain, before the end of the term of office.
(3) In the event of Item I, the Representative or Senator may opt for compensation of the elected office.
Article 57 [Meetings](0) The National Congress meets each year in the Federal Capital, from February 2nd to July 17th and from August 1st to December 22nd.
(1) If sessions scheduled for these dates fall on a Saturday, a Sunday or a holiday, such meetings is transferred to the immediately subsequent business day.
(2) A legislative term is not interrupted without approval of the bill for the budget directives law.
(3) In addition to other cases set forth herein, the House of Representatives and the Federal Senate meets in a joint session to:
I. inaugurate the legislative term;
II. draw up the regulations and regulate the creation of services common to both Chambers of Congress;
III. take the oath of the President and Vice President of the Republic;
IV. acknowledge a veto and resolve thereon.
(4) Both Houses meet in a preparatory session, beginning February 1st 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 reelection to the same office in the immediately subsequent election being prohibited.
(5) The Presiding Board of joint Congress Sections is presided over by the President of the Federal Senate, and the remaining offices are held, alternately, by the occupants of equivalent offices in the House of Representatives and in the Federal Senate.
(6) Special sessions of the National Congress are called:
I. by the President of the Federal Senate, in the event of decree of a state of defense or federal intervention, of a request for authorization to decree a state of siege, and for the President and the Vice President of the Republic to take their oaths and offices;
II. by the President of the Republic, by the Presidents of the Chamber of Deputies and of the Federal Senate, or by request of the majority of the members of both Houses, in the event of urgency or important public interest, approval by the absolute majority of each House of the National Congress being required in all cases referred to in this item.
(7) In a special legislative session, the National Congress deliberates only upon the matter for which it was called, exception being made for the event mentioned in paragraph (8) of this article, the payment of a compensatory amount by virtue of the special session being forbidden.
(8) If there are provisional measures in effect on the date a special session of the National Congress is called, they are automatically included in the agenda of the session.
Article 58 [Constitution of Committees](0) Congress and its two Chambers have permanent and temporary committees, which are formed in the manner and with the duties set forth in the respective regulations or in the act determining the creation thereof.
(1) In forming the Presiding Boards and each Committee, proportional representation of the political parties or of the parliamentary groups, which participate in the respective Chamber of Congress, is ensured to the extent possible.
(2) It is incumbent upon the committees, based upon the subject of their authority:
I. to discuss and vote on bills of law, which, in accordance with the regulations, are not within the authority of the Plenary, except in the event of appeal by one tenth of the members of one of the Chambers of Congress;
II. to hold hearings with entities of society;
III. to call Ministers of State to render information on matters inherent to their duties;
IV. to receive petitions, claims, statements, or complaints from any person against acts or omissions of government authorities or entities;
V. to request the deposition of any authority or citizen;
VI. to examine construction work programs and national, regional, and sectorial development plans and issue opinions thereon.
(3) Parliamentary investigation committees, which have the investigation powers inherent to the judicial authorities, in addition to other powers set forth in their respective regulations, are created by the House of Representatives and by the Federal Senate, jointly or severally, at the request of one third of its members, for investigation of a certain fact and for a certain period of time, and their conclusions are, if necessary, forwarded to the Attorney General's Office to determine the civil or criminal liability of the offenders.
(4) During recess there is a standing Committee to represent Congress, elected by its two Chambers at the last ordinary session of the legislative term, with duties defined in the common regulations, the composition of which, to the extent possible, reflects the proportional representation of the political parties in Congress.
Article 59 [Laws](0) Legislative procedure includes the preparation of:
I. amendments to the Constitution;
II. supplemental laws;
III. statutory laws;
IV. delegated laws;
V. provisional measures;
VI. legislative decrees;
VII. resolutions.
(1) A supplemental law provides for the preparation, drafting, amendment, and consolidation of laws.
Article 60 [Amendment of the Constitution](0) The Constitution may be amended on the proposal of:
I. at least one third of the members of the House of Representatives or of the Federal Senate;
II. the President of the Republic;
III. more than one half of the Legislative Assemblies of the units of the Federation, each of which expresses itself by a simple majority of its members.
(1) The Constitution may not be amended during federal intervention, state of defense or state of siege.
(2) The proposal is discussed and voted in each Chamber of Congress, in two rounds, and it is considered approved if it obtains three-fifths of the votes of the respective members in both rounds.
(3) An amendment to the Constitution is enacted by the Presiding Boards of the House of Representatives and of the Federal Senate, with a respective sequence number.
(4) No resolution is discussed concerning an amendment proposal that tends to abolish:
I. the federative form of the State;
II. the direct, secret, universal, and periodic vote;
III. the separation of the Government Branches;
IV. individual rights and guarantees.
(5). The subject dealt with in an amendment proposal that is rejected or considered impaired cannot be the subject of another proposal in the same legislative term.
Article 61 [Law-making procedure](0) The initiative of supplemental laws and statutory laws is incumbent upon any member of Committees of the House of Representatives, of the Federal Senate or of Congress, upon the President of the Republic, the Federal Supreme Court, the Superior Courts, the Attorney General of the Republic, and the citizens, in the manner and events set forth in this Constitution.
(1) The initiative of the following laws is incumbent solely upon the President of the Republic:
I. laws, which determine or modify the number of troops in the Armed Forces;
II. laws, which deal with:
a) creation of public offices, functions, or positions in the direct administration and in autonomous government entities, or increase in the compensation thereof;
b) administrative and judicial organization, tax, and budgetary matters, public services, and administrative personnel of the Territories;
c) government employees of the Union and Territories, their legal statute, appointment to offices, tenure and retirement;
d) organization of the Attorney General's Office and of the Public Defender's Office of the Republic, as well as general rules for the organization of the Attorney General's Office and of the Public Defender's Office of the States, the Federal District and the Territories;
e) creation and abolishment of Ministries and Government bodies, with due regard for the provision of article 84 VI;
f) military of the Armed Forces, their legal statute, appointment to offices, promotions, tenure, remuneration, retirement, and transfer to the reserve.
(2) Public initiative may be exercised by presentation to the House of Representatives of a bill of law subscribed by at least one percent of Brazilian voters, distributed throughout at least five States, with no less than three-tenths percent of the voters of each of these States.
Article 62 [Provisional Measures](0) In important and urgent cases, the President of the Republic may adopt provisional measures with the force of law and submits such measures to Congress immediately.
(1) The issuance of provisional measures is forbidden when the matter involved:
I. deals with:
a) nationality, citizenship, political rights, political parties, and election law;
b) criminal law, criminal procedural law, and civil procedural law;
c) organization of the Judicial Branch and of the Public Prosecution, the career and guarantees of their members;
d) pluriannual plans, budgetary directives, budgets, and additional and supplementary credits, with the exception of the provision mentioned in article 167 (3);
II. aims at the detention or seizure of goods, people's savings, or any other financial asset;
III. is reserved for a supplementary law;
IV. has already been regulated by a bill of law passed by the National Congress, which is awaiting sanction or veto by the President of the Republic.
(2) A provisional measure to institute or increase taxes, with the exception of the taxes mentioned in articles 153 I, II, IV, V, and 154 II, only produces effects in the subsequent financial year if it has been converted into law before or on the last day of the financial year in which it was issued.
(3) With the exception of the provisions mentioned in paragraphs (11) and (12), provisional measures lose effectiveness from the day of their issuance if they are not converted into law within a period of sixty days, which may be extended once for an identical period of time under the terms of paragraph (7), and the National Congress issue a legislative decree to regulate the legal relations arising therefrom.
(4) The period mentioned in paragraph (3) is counted from the date of publication of the provisional measure and is interrupted while the National Congress is in recess.
(5) Deliberation by each House of the National Congress upon the merits of provisional measures depends on prior determination of their compliance with the constitutional requirements.
(6) If a provisional measure is not examined within forty-five days as of its date of publication, it is subsequently forwarded to urgent consideration in each House of the National Congress, and the deliberation of all other legislative matters is suspended in the House where it is under consideration, until such time as voting is concluded.
(7) If the voting of a provisional measure is not concluded in both Houses of the National Congress within the period of sixty days as of its date of publication, its period of effectiveness may be extended once for an identical period of time.
(8) The voting of provisional measures starts in the House of Deputies.
(9) It is incumbent upon the joint committee of Deputies and Senators to examine provisional measures and issue an opinion thereon, before they are submitted to floor action in each House of the National Congress in a separate session.
(10) It is forbidden to reissue a provisional measure in the same legislative session in which it was rejected or lost its effectiveness due to lapse of time.
(11) If the legislative decree mentioned in paragraph (3) is not issued within sixty days as of the date the provisional measure was rejected or lost its effectiveness, the legal relations constituted and arising from acts performed during its period of effectiveness are still regulated by such provisional measure.
(12) Should a bill of law be passed that alters the original text of a provisional measure, the latter will remain effective in full until such date as the bill is sanctioned or vetoed..
Article 63 [Expenditure]An increase in expenditure is not admitted if it is established:
I. in bills which are the exclusive initiative of the President of the Republic, except for the provisions of Article 166 (3) and (4);
II. in bills on the organization of the administrative services of the House of Representatives, the Federal Senate, the Federal Courts, and the Attorney General's Office.
Article 64 [Discussion, Voting](0) The discussion and vote of bills of law, which are the initiative of the President of the Republic, of the Federal Supreme Court, and of the Superior Courts, commences in the House of Representatives.
(1) The President of the Republic may request urgency in the examination of bills of his initiative.
(2) If, in the event of paragraph (1), the Chamber of Deputies and the Federal Senate fail to act, each one, successively, on the proposition, within the period of forty-five days, deliberation on all other legislative matters is suspended in the respective House, save those which must be considered within a stipulated constitutional period, in order that the voting may be concluded
(3) Amendments of the Federal Senate are examined by the House of Representatives within a period of ten days, with due regard, otherwise, for the provisions of the preceding paragraph.
(4) The periods of time set forth in Paragraph (2) do not run when Congress is in recess and do not apply to bills for codes.
Article 65 [Approbation, Revision](0) A bill of law approved by one Chamber of Congress is reviewed by the other in a single discussion and voting round, and, if the reviewing Chamber approves the bill, it is sent for sanctioning or enactment, or if it is rejected, it is dismissed.
(1) If a bill is amended, it returns to the initial Chamber.
Article 66 [Sanction and Promulgation](0) The Chamber of Congress in which voting was concluded sends the bill of law to the President of the Republic, who, if he concurs, sanctions it.
(1) If the President of the Republic deems all or part of the bill to be unconstitutional or contrary to public interests, he vetoes it fully or partially within fifteen business days as from the date of receipt and advise the President of the Federal Senate of the reasons for the veto within forty-eight hours.
(2) A partial veto only applies to the full text of an article, paragraph, item, or sub-item.
(3) After a period of fifteen days has elapsed, silence on the part of the President of the Republic operates as sanctioning.
(4) The veto will be examined in a joint session, within thirty days of its receipt, and can only be rejected by an absolute majority of the Representatives and Senators.
(5) If the veto is not upheld, the bill is submitted to the President of the Republic for enactment.
(6) If the period of time established in paragraph (4) elapses without a decision being reached, the veto is included in the order of the day of the subsequent session, and all other propositions are suspended until its final voting
(7) If the law is not enacted by the President of the Republic within forty-eight hours, in the events set forth in Paragraphs (3) and (5), the President of the Federal Senate enacts it and, if he fails to do so within the same period, it is incumbent upon the Vice President of the Federal Senate to do so.
Article 67 [Rejected Drafts]The subject of a rejected bill of law may only be the subject of a new bill in the same legislative term on the proposal of the absolute majority of the members of any of the Chambers of Congress.
Article 68 [Delegated Laws](0) Delegated laws are drawn up by the President of the Republic who requests delegation from Congress.
(1) Acts subject to the exclusive authority of Congress, those subject to the exclusive authority of the House of Representatives or of the Federal Senate, matters reserved for supplemental laws, and legislation on the following may not be delegated:
I. organization of the Judicial Branch and of the Public Prosecution, and the career and privileges of their members;
II. nationality, citizenship, and individual, political and electoral rights;
III. pluriannual plans, budgetary guidelines, and budgets.
(2) Delegation to the President of the Republic is granted by resolution of Congress, which specifies its contents and the terms for performance thereof.
(3) If the resolution determines that the bill is examined by Congress, the latter does so by a single ballot without any amendments.
Article 69 [Supplemental Laws]Supplemental laws are approved by absolute majority.
Article 70 [Parliamentary Control]Accounts are rendered by any individual or corporation, public or private, which uses, collects, keeps, manages, or administers 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 Audit](0) External control under the responsibility of Congress is exercised with the assistance of the Audit Tribunal of the Union, which:
I. examines the accounts rendered each year by the President of the Republic, by means of a prior opinion, which is prepared within sixty days of receipt thereof;
II. evaluates the accounts of the administrators and others who are responsible for public moneys, assets, and values of the direct and indirect administration, including foundations and companies instituted or maintained by the Federal Administration, and the accounts of those who have caused a loss, misplacement, or other irregularity resulting in losses to the public treasury:
III. examines, for registration purposes, the lawfulness of acts of any personnel hired in the direct and indirect administration, including foundations instituted and maintained by the Government, excepting appointments to commission offices, as well as the approval of civil and military retirement and pension, except for subsequent benefits which do not alter the legal grounds for such approval;
IV. carries out, on its own initiative or the initiative of the House of Representatives, the Federal Senate or a technical or investigation Committee, inspections and audits of an accounting, financial, budgetary, operational, or property nature in the administrative units of the Legislative, Executive, and Judicial Branches and other entities referred to in Item II;
V. controls the national accounts of supranational companies in whose capital stock the Republic holds a direct or indirect interest, according to the terms established in the acts of incorporation;
VI. controls the application of any funds transferred by the Republic, under a contract, agreement, arrangement, or other similar instrument, to a State, to the Federal District or to a Municipality;
VII. renders the information requested by any of the Chambers or any of the respective Committees of Congress concerning accounting, financial, budgetary, operational, and property control and the results of audits and inspections made;
VIII. applies to the responsible parties, in the event of illegal expenses or irregular accounts, the sanctions provided for in law, which establish, among other penalties, a fine proportional to the damages caused to the public treasury;
IX. establishes a period for the agency or entity to take the action required for the proper enforcement of the law, if an illegality is determined;
X. stays, if not heeded, the performance of the contested act, advising the House of Representatives and the Federal Senate of this decision;
XI. informs the proper Branch on any irregularities or abuses determined.
(1) In the event of a contract, the action of staying is taken directly by Congress, which immediately requests the Executive to take the proper action.
(2) In the event that Congress or the Executive does not take the action set forth in the preceding paragraph, within ninety days, a Court decides the matter.
(3) Decisions of a Court resulting in the imposition of a debt or fine have the effectiveness of an execution instrument.
(4) Each quarter and each year, the Court presents to Congress a report on its activities.
Article 72 [Committee](0) The permanent mixed Committees referred to in Article 166 (1), may, in view of indications of unauthorized expenses, even if in the form of non programmed investments or of non approved subsidies, request the responsible government authority to render the necessary explanations within five days.
(1) If the explanations are not rendered or if they are considered insufficient, the Committee requests the Court to give the final opinion on the matter within a period of thirty days.
(2) If the Court considers the expense to be irregular, the Committee, if it believes that the expenditure may cause irreparable damages or serious injury to the public economy, proposes to Congress that it be suspended.
Article 73 [Audit Tribunal of the Union](0) The Audit Tribunal of the Union, which is made up of nine Justices, has its seat in the Federal District, has its own staff and has jurisdiction throughout the entire Brazilian territory, and exercises, where appropriate, the duties set forth in Article 96.
(1) The Justices of the Audit Tribunal of the Union are appointed among Brazilians who satisfy the following requirements:
I. more than thirty-five and less than sixty-five years of age;
II. moral integrity and unblemished reputation;
III. notorious knowledge of the law, accounting, economics, and finances or of government administration;
IV. more than ten years of practice or of actual professional activity requiring the knowledge mentioned in the preceding item.
(2) The Justices of the Audit Tribunal of the Union are chosen as follows:
I. one third by the President of the Republic with the approval of the Federal Senate, two of them being alternately chosen among auditors and members of the Attorney General's Office at the Court, as indicated in a triple list by the Court, in accordance with criteria of seniority and merit;
II. two-thirds by Congress.
(3) The Justices of the Federal Audit Court have the same guarantees, prerogatives, impediments, remuneration, and advantages as the Justices of the Superior Court of Justice, their retirement pensions and other pensions being ruled by the provisions of article 40.
(4) An auditor, when replacing a Justice, has the same guarantees and impediments as the Justice and, when exercising other duties of the bench, those of a judge of a Federal Regional Court.
Article 74 [Internal Control](0) The Legislative, Executive, and Judicial Branches maintain an integrated system of internal control for the purpose of:
I. evaluating the achievement of the targets established in the pluriannual plans, the implementation of government programs, and of the Republic's budgets;
II. determining the lawfulness and evaluating the results, as to effectiveness and efficiency, of budgetary, financial, and property administration of the agencies and entities of the federal administration, as well as of the application of Government funds by private entities;
III. exercising control over credit transactions, guarantees, as well as over the rights and assets of the Republic;
IV. supporting external control in the performance of its institutional mission.
(1) The persons responsible for internal control, upon learning of any irregularity or illegality, inform the Audit Tribunal of the Union thereof, subject to joint liability.
(2) Any citizen, political party, association or trade union has standing under the law to denounce irregularities or illegalities to the Audit Tribunal of the Union.
Article 75 [Application](0) The provisions of this section apply, where appropriate, to the organization, composition and control of the Audit Courts of the States and Federal District, and the Audit Courts and Councils of the Municipalities.
(1) The State Constitutions provide for the respective Audit Courts, which are made up of seven Council Members.
Article 76 [President, Ministers]The Executive Branch is exercised by the President of the Republic, assisted by the Ministers of State.
Article 77 [Election](0) The election of the President and Vice President of the Republic takes place simultaneously, on the first Sunday of October, in the first round, and on the last Sunday of October, in the second round, as the case may be, of the year preceding the one in which the current presidential term of office ends.
(1) Election of the President of the Republic includes election of the Vice President registered with him.
(2) The candidate who, being registered by a political party, obtains an absolute majority of votes, not counting blank or void votes, is considered to be elected as President.
(3) If no candidate attains an absolute majority in the first ballot, another election hat to be held within twenty days after announcement of the results; the two candidates who obtained the greatest number of votes then compete and the one who obtains a majority of valid votes is considered elected.
(4) In the event that, before the second election is held, a candidate dies, withdraws, or is legally impaired, the candidate with the greatest number of votes among the remaining candidates is called.
(5) If, in the event of the preceding paragraphs, more than one candidate with an equal number of votes remains in second place, the eldest one is qualified.
Article 78 [Taking of office, Oath Before Congress](0) The President and the Vice President of the Republic take office in a session of Congress. They take an oath to maintain, defend, and carry out the Constitution, comply with the laws, further the general good of the Brazilian people, sustain the union, integrity, and independence of Brazil.
(1) In the event that ten days as from the date scheduled for taking of office, the President or the Vice President, except for force majeure, has not taken office, such office has to be declared vacant.
Article 79 [Vice President](0) The Vice President replaces the President in the event of impediment and succeeds him in the event of vacancy.
(1) The Vice President of the Republic, in addition to other duties attributed to him by supplemental laws, assists the President whenever called by the President for special missions.
Article 80 [Double Vacancy]In the event of impediment of the President and of the Vice President, or of vacancy in the respective offices, the President of the House of Representatives, the President of the Federal Senate, and the Chief Justice of the Federal Supreme Court are called successively to exercise the Presidency.
Article 81 [New Elections, Electoral College](0) If a vacancy occurs in the offices of President and Vice President of the Republic, elections are held ninety days after the last vacancy occurred.
(1) If the vacancy occurs during the last two years of the President's term of office Congress holds elections for both offices within thirty days after the last vacancy occurred, in accordance with the law.
(2) In any of the cases, those elected complete the term of office of their predecessors.
Article 82 [Term]The term of office of the President of the Republic is four years, and it commences on January 1 of the year following the year of his election.
Article 83 [Leaving the Country]The President and the Vice President of the Republic may not, without authorization from Congress, leave the country for a period of more than fifteen days, subject to loss of office.
Article 84 [Functions](0) It is incumbent exclusively upon the President of the Republic:
I. to appoint and dismiss the Ministers of State;
II. to exercise, with the assistance of the Ministers of State, the higher management of the federal administration;
III. to commence the legislative procedure, in the manner and in the events set forth in this Constitution;
IV. to sanction, enact, and cause the publication of laws, as well as to issue decrees and regulations for the true enforcement thereof;
V. to veto bills of law, wholly, or partially;
VI. to provide for the following, by means of a decree:
a) organization and operation of federal government services, whenever no augmentation of expenditures or creation or abolishment of government bodies is involved;
b) abolishment of public positions or posts, if vacant;
VII. to maintain relations with foreign States and to accredit their diplomatic representatives;
VIII. to enter into international treaties, conventions and acts, ad referendum of Congress;
IX. to decree a state of defense and state of siege;
X. to decree and enforce federal intervention;
XI. to send a government message and plan to Congress when the legislative term is opened, describing the country's situation and requesting the action he deems necessary;
XII. to grant pardons and reduce sentences, after hearing the entities instituted by law, if necessary;
XIII. to exercise the supreme command of the Armed Forces, to appoint the Commanders of the Navy, the Army, and the Air Force, to promote general officers and to appoint them to the offices held exclusively by them;
XIV. to appoint, after approval by the Federal Senate, the Justices of the Federal Supreme Court and of the Superior Courts, the Governors of the Territories, the Attorney General of the Republic, the president and directors of the Central Bank, and other civil servants, when required by law;
XV. to appoint, with due regard for the provisions of Article 73, the Justices of the Federal Audit Court;
XVI. to appoint judges in the events established herein and the Advocate General of the Republic;
XVII. to appoint members of the Council of the Republic pursuant to Article 89 VII;
XVIII. to call and preside over the Council of the Republic and the National Defense Council;
XIX. declare war, if authorized by Congress or upon its referendum, whenever this occurs between legislative terms and, under the same conditions, decree full or partial national mobilization;
XX. to make peace, if authorized by or upon the referendum of Congress;
XXI. to confer decorations and honorary distinctions;
XXII. to permit, in the events set forth in supplemental laws, that foreign forces enter the Brazilian territory, or temporarily remain therein;
XXIII. to submit to Congress the pluriannual plan, the budget, directives bill of law and the budget proposals set forth in this Constitution;
XXIV. to each year render accounts to Congress concerning the previous fiscal year, within sixty days of the opening of the legislative term;
XXV. to fill and extinguish federal government offices, in accordance with the law;
XXVI. to issue provisional measures, with the forces of law, according to Article 62;
XXVII. to perform other duties set forth in this Constitution.
(1) The President of the Republic may delegate the duties mentioned in Items VI, XII, and XXV, first part, to the Ministers of State, to the Attorney General of the Republic, who observe the limitations established in the respective delegations.
Article 85 [Responsibility Crimes](0) Those acts of the President of the Republic, which contravene the Federal Constitution and contravene especially the following are criminal malversation:
I. existence of the Republic;
II. free exercise of the powers of the Legislative, the Judiciary, the Attorney General's Office, and the Constitutional powers of the units of the Federation;
III. exercise of political, individual, and social rights;
IV. internal security of the country;
V. honesty in the administration;
VI. budgetary law;
VII. compliance with the laws and with court decisions.
(1) Such crimes are defined in a special law, which establish the rules of procedures and trial.
Article 86 [Impeachment]If charges against the President of the Republic are admitted by two thirds of the House of Representatives, he is submitted for trial before the Federal Supreme Court for common criminal offenses or before the Federal Senate for criminal malversation.
(1) The President is suspended from his duties:
I. in common criminal offenses, if the accusation or complaint is received by the Federal Supreme Court;
II. in the event of criminal malversation, after proceedings are instituted by the Federal Senate.
(2) If, after a period of one hundred and eighty days, trial has not been concluded, suspension of the President ceases without prejudice to the normal progress of the proceedings.
(3) In the event of common offenses, the President of the Republic cannot be subject to arrest as long as no sentence is rendered.
(4) During his term of office, the President of the Republic may not be held liable for acts outside the performance of his duties.
Article 87 [Ministers](0) The Ministers of State are chosen among Brazilians who have attained the age of twenty-one years and who possess political rights.
(1) It is incumbent upon a Minister of State, in addition to other duties established in this Constitution and in the law:
I. to exercise guidance, coordination, and supervision of the agencies and entities of the federal administration in the area of his authority and to give his referendum to acts and decrees signed by the President of the Republic;
II. to issue instructions for the enforcement of laws, decrees, and regulations;
III. to submit to the President of the Republic an annual report on his management of the Ministry;
IV. to perform acts pertinent to the duties assigned or delegated to him by the President of the Republic.
Article 88 [Ministries]The law provides for the creation and abolishment Ministries and government bodies.
Article 89 [The Council of the Republic](0) The Council of the Republic is a higher body for consultation by the President of the Republic, and its members are:
I. the Vice President of the Republic;
II. the President of the House of Representatives;
III. the President of the Federal Senate;
IV. the majority and the minority leaders of the House of Representatives;
V. the majority and the minority leaders of the Federal Senate;
VI. the Minister of Justice;
VII. six Brazilian born citizens of over thirty-five years of age, two of which appointed by the President of the Republic, two elected by the Federal Senate, and two elected by the House of Representatives, all with a term of office of three years and not eligible for re appointment.
Article 90 [Powers, Necessary Consultation](0) It is incumbent upon the Council of the Republic to opine on:
I. federal intervention, state of defense, and state of siege;
II. matters relevant to the stability of the democratic institutions.
(1) The President of the Republic may call a State Minister to participate in a Council meeting, when the agenda includes a matter related to the respective Ministry.
(2) The organization and operation of the Council of the Republic are regulated by law.
Article 91 [Advisory Body](0) The Council of National Defense is the consultation body of the President of the Republic on matters related to national sovereignty and to defense of the democratic State, and the following are its original members:
I. the Vice President of the Republic;
II. the President of the House of Representatives;
III. the President of the Federal Senate;
IV. the Minister of Justice;
V. the Minister of Defense;
VI. the Minister of Foreign Affairs;
VII. the Minister of Planning;
VIII. the Commanders of the Navy, the Army, and the Air Force.
(1) It is incumbent upon the Council of National Defense to:
I. opine in the event of declaration of war and making of peace, according to this Constitution;
II. opine on the decreeing of state of defense, state of siege, and federal intervention;
III. propose the criteria and conditions for the use of areas, which are indispensable to the security of the national territory and opine on their effective use, especially on the frontier strip and on those related to the preservation and exploitation of natural resources of any kind;
IV. study, propose, and monitor the development of measures required to guarantee national independence and defense of democratic State.
(2) The organization and operation of the Council of National Defense are regulated by law.
Article 92 [Bodies]The following are bodies of the Judiciary Branch:
I. the Federal Supreme Court;
I A. the National Council of Justice;
II. the Superior Court of Justice;
III. the Federal Regional Courts and Federal Judges;
IV. the Labor Courts and Labor Judges;
V. the Electoral Courts and Electoral Judges;
VI. the Military Courts and Military Judges;
VII. the Courts and Judges of the States and of the Federal District and of the Territories.
(1) The Federal Supreme Federal Court, the National Council of Justice, and the Superior Courts have their seat in the Federal Capital.
(2) The Supreme Federal Court and the Superior Courts have their jurisdiction over the entire Brazilian territory.
Article 93 [Statute of Judicature]A supplemental law proposed by the Federal Supreme Court provides for the bylaws 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, at least three years of legal practice being required of holders of a B.A. in law, and obeying the order of classification for appointments;
II. promotion from level to level, alternately through seniority and merit, observing the following rules:
a) promotion is mandatory for a judge who has appeared for three consecutive times or five alternative times in a merit list;
b) merit promotion presupposes two years in office in the respective level, and that the judge appears in the top fifth part of the seniority list of such level, unless no one satisfying such requirements is willing to accept the vacancy;
c) appraisal of merit according to performance and to the objective criteria of productivity and promptness in the exercise of the jurisdictional function and according to attendance and achievement in official or recognized improvement courses;
d) in determining seniority, the court may only reject the judge with the longest service by the justified vote of two-thirds of its members, according to a specific procedure, full defense being ensured, the voting being repeated until the selection is concluded;
e) promotion may not be granted to a judge who unjustifiably withholds case records beyond the legal deadline, and he may not return them to the court archives without providing the necessary disposition thereof or decision thereon.
III. access to the courts of second instance obeys seniority and merit, alternately, as determined at the last or single level;
IV. provision of official courses for preparation, improvement, and promotion of judges, while the participation in an official course or in a course recognized by a national school for the education and further development of judges constitutes a mandatory stage of the tenure acquisition process;
V. the compensation of the Justices of the Superior Courts corresponds to ninety-five percent of the monthly compensation stipulated for the Justices of the Supreme Federal Court, and the compensation of the other judges is stipulated by law and distributed, at the federal and state levels, according to the respective categories of the national judiciary structure, and the difference between categories may not be higher than ten per cent or lower than five per cent, nor higher than ninety-five per cent of the monthly compensation of the Justices of the Superior Courts, with due regard, in any of the cases, for the provisions of articles 37 XI, and 39 (4);
VI. the retirement of judges as well as the pensions for their dependents comply with the provisions of article 40;
VII. a permanent judge resides in the respective judicial district, except when otherwise authorized by the court;
VIII. the acts of removal, of placement on paid availability, and of retirement of a judge, for public interest, are based on a decision by the vote of the absolute majority of the respective court or of the National Council of Justice, full defense being ensured;
VIII-A. the removal upon request or the exchange of judges of same-level judicial districts obeys, insofar as pertinent, the provisions of sub-items a), b), c), and e) of item II;
IX. all judgments of the bodies of the Judicial Power are public, and all decisions are justified, under penalty of nullity, but the law may limit attendance, in given acts, to the interested parties and to their lawyers, or only to the latter, whenever preservation of the right to privacy of the party interested in confidentiality will not harm the right of the public interest to information;
X. administrative decisions of courts are supported by a recital and are made in open session, and disciplinary decisions are 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 delegated administrative and jurisdictional duties which are under the powers of the full court, half of the positions being filled according to seniority and the other half through election by the full court;
XII. courts will operate continuously, without interruption, collective vacation being forbidden for first instance judges and courts of second instance, and there must be judges on duty at all times on days in which courts are closed;
XIII. the number of judges in each court is proportional to the effective judicial demand and to the respective population;
XIV. court employees will receive delegation to carry out administrative acts and acts aimed at the mere disposition of matters, without a decisional nature;
XV. proceedings will be assigned immediately upon filing, at all levels of jurisdiction.
Article 94 [Composition of some Courts]One fifth of the seats on the Federal Regional Courts, of the Courts of Appeals of the States and of the Federal District and Territories are formed by members of the Attorney General's Office with over ten years of service, and by lawyers of notorious legal knowledge and unblemished reputation, with over ten years of actual professional activity, indicated in a list of six names by the entities which represent the respective groups.
(1) Upon receipt of the indications, the court sets up a list of three names and sends it to the Executive, which within the subsequent twenty days chooses one of the listed names for appointment.
Article 95 [Guarantees of the Judges](0) Judges enjoy the following guarantees:
I. life tenure, which, at first instance, is only acquired after two years in office and, during this period, loss of office is determined by the court to which they belong and, in other cases, by a final and unappealable court decision;
II. irremovability, except by reason of public interest, according to Article 93 VIII;
III. irreducibility of compensation, except for the provisions of Articles 37 XI, 150 II, 153 III, and 153 (2) I.
(1) Judges are forbidden to:
I. hold, even when suspended from office, any other office or position, except for a teaching position;
II. receive, on any account or for any reason, court costs or participation in a lawsuit;
III. engage in political party activities;
IV. receive, on any account or for any reason, financial aid or contribution from individuals, and from public or private institutions, save for the exceptions set forth in law;
V. practice law in the court or tribunal on which they served as judges, for a period of three years following their retirement or discharge.
Article 96 [Incumbencies](0) It is the exclusive competence of:
I. the Courts of Appeals:
a) to elect their directive bodies and prepare their internal regulations following the rules of procedure and the procedural guarantees of the parties, establishing the jurisdiction and operation of the respective jurisdictional and administrative bodies;
b) to organize their secretariats and ancillary services and those of the courts connected with them, ensuring performance of the respective inspection activities;
c) to fill, in the manner set forth in this Constitution, offices of career judges within their respective jurisdiction;
d) to propose the creation of new courts of first instance;
e) to fill by means of public competitive examination of tests, or of tests and titles, with due regard for the provisions of Article 169 (1), the offices required for the administration of Justice, with the exception of positions of trust as defined by law;
f) to grant leave, vacations, and other absences to their members and to the judges and employees who are immediately subordinated to them;
II. the 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:
a) alteration in the number of members of lower courts;
b) creation and abolishment of offices and the remuneration of the auxiliary services and of the courts connected with them, as well as the establishment of the compensation for their members and for the judges, including those of the lower courts, if existing;
c) creation or extinction of lower courts,
d) alteration of the judiciary organization and division;
III. the Courts of Appeals to try judges of the States, of the Federal District and of the Territories, as well as the members of the Attorney General's Office, for common crimes and criminal malversation, except in those cases coming under the jurisdiction of the Electoral Courts.
Article 97 [Unconstitutionality]The courts may declare the unconstitutionality of a law or of a normative act of the Government only by an absolute majority of their members or of the members of the respective special body.
Article 98 [Territories and Federal District](0) The Republic, in the Federal District and in the Territories, and the States, creates:
I. specialized courts, which have qualified judges or qualified and lay judges, with jurisdiction for conciliation, judgment and execution of civil suits of lesser complexity and criminal offenses of lower offensive potential, by oral and summary proceedings, allowing, in the cases set forth in the law, settlement and judgment of appeals by panels of judges of first instance;
II. remunerated justice of peace, formed by citizens elected by direct, universal, and secret ballot with a term of office of four years and jurisdiction to, as set forth in the law, perform marriages, verify, ex officio or by reason, of a challenge, qualification proceedings, and exercise conciliatory functions of a non-jurisdictional nature, besides other functions set forth in the law.
(1) Federal legislation provides for the establishment of special courts within Federal Justice.
(2) Judicial costs and fees are assigned exclusively to fund services related to activities which are specific of Justice.
Article 99 [Full Autonomy](0) The Judiciary Branch is assured of administrative and financial autonomy.
(1) The courts draw up their budget proposals, within the limits stipulated jointly with the other Branches in the budget directives law.
(2) The proposal, after hearing the other interested courts, is forwarded:
I. at Federal level, by the Chief Justices of the Federal Supreme Court and of the Superior Courts, with the approval of the respective courts;
II. at State level, as well as the level of the Federal District and Territories, by the Chief Justices of the Courts of Appeals, with the approval of the respective courts.
(3) If the government bodies referred to in paragraph (2) do not forward their respective budget proposals within the time period stipulated in the law of budgetary directives, the Executive Power, with a view to engrossing the annual budget proposal, takes into account the figures approved in the current budgetary law, such figures adjusted in accordance with the limits stipulated under the terms of paragraph (1) of this article.
(4) If the budget proposals referred to in this article and thus forwarded do not obey the limits stipulated under paragraph (1), the Executive Power effects the necessary adjustments with a view to engrossing the annual budget proposal.
(5) In the implementation of the budget of a specific fiscal year, no expenses may be incurred and no obligations may be assumed that exceed the limits stipulated in the law of budgetary directives, except when previously authorized, by opening supplementary or special credits.
Article 100 [Special Payments](0) Payments owed by the federal, state, Federal District, or municipal treasuries, by virtue of a court decision, may only be made exclusively in chronological order of submission of court orders 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.
(1) Support-related debts include those arising from wages, salaries, pay, pensions, and their supplementations, social security benefits and compensation for death and disability, such compensation being based on civil liability, by virtue of a final and unappealable judicial decision, and must be paid before any other debts, except those referred to in Paragraph 2 of this article.
(1A) Alimony debts include those arising from salaries, remuneration, pay, pensions, and their supplementations, social security benefits and compensation for death and disability, such compensation being based on civil liability, by virtue of a final and unappealable judicial decision.
(2) Support-related debts owed to persons aged 60 (sixty) or over on the date the respective court order is issued, or to persons with serious diseases, as defined by law, must be paid before any other debts, up to an amount equivalent to three times the amount stipulated by law for the purposes of paragraph 3 of this article, parceling for such end being permitted, whereas the remaining amount must be paid according to the chronological order of submission of respective court order.
(3) The provision contained in the head paragraph of this article, regarding the issuance of court orders, does not apply to bonds defined by law as being of a small amount, which must be paid by the treasuries herein referred to by virtue of a final and unappealable judicial decision.
(4) For the purposes of the provision of paragraph 3, different amounts may be stipulated for the federating units through their own legislation and according to their various economic capabilities, whereas the minimum amount is equal to the amount of the highest benefit paid by the general Social Security scheme.
(5) It is mandatory for the budgets of the federating units to include the funds required for payment of debts arising from final and unappealable judicial decisions, stated in court orders submitted until or on July 1, and payment are to be made before the close of the subsequent fiscal year, on which date their amounts must be adjusted for inflation.
(6) the budgetary allocations and the credits opened is assigned to the Judicial power, it being within the competence of the presiding Judge of the court which rendered the decision of execution to determine full payment and to authorize -- upon petition of a creditor and exclusively in the event that his right of precedence is not respected or that the amount necessary to satisfy the debt has not been set aside -- attachment of the respective amount.
(7) The Presiding Judge of the appropriate Court who, by means of an act or omission, delays or attempts to frustrate the regular payment of a court-ordered debt is liable to crime of malversation and must also appear before the national council of Justice.
(8) The issuance of a court order as supplementation to or in addition to an amount already paid, as well as the parceling, apportionment, or reduction of the amount under execution -- so that the provision of paragraph 3 may be applied to a portion of the total amount -- is forbidden.
(9) At the time a court order is issued, irrespective of the relevant regulation, there must be a deduction from such court order, for the purpose of a set-off, an amount corresponding to clear legal debits, either registered or not under debts in execution and attributed to the original creditor by the treasury in debt, including future accruing installments of parceling, save for those whose execution has been stayed by virtue of administrative or judicial challenge.
(10) Before a court order is issued, the relevant court requests that the Treasury in debt must provide, within 30 (thirty) days, otherwise subject to loss of the right to offset, information on the debits which meet the conditions stipulated in paragraph 9, for the purposes set forth in said paragraph.
(11) In accordance with legislation of the federating unit in debt, a creditor may employ court order credits to purchase public property belonging to the respective federating unit.
(12) As from the date Constitutional Amendment no. 62 is enacted, the amounts stated in court orders, after such court orders are issued up until effective payment, irrespective of their nature, must adjusted according to the official rate applied to savings accounts, whereas, for the purpose of compensation of delay in the payment, simple interest will be applied at the same percentage of interest applied to savings accounts, the employment of compensatory interest being excluded.
(13) Creditors may assign their court order credits, in whole or in part, to third parties, irrespective of consent by the debtor, and the provisions of paragraphs 2 and 3 must not be applied to the assignee.
(14) Assignment of court order credits only produces effects after communication to the court of origin and to the federating unit in debt by filing a relevant petition.
(15) Without prejudice to the provisions of this article, a supplementary law to this federal constitution may establish a special regime for the payment of court-ordered debts owed by states, the federal district, and Municipalities, providing for earmarked net current revenues and for payment term and methods.
(16) The federal Government may, at its own discretion and under the terms of relevant law, take on debts resulting from court orders issued against a State, the Federal District, or a Municipality, and refinance them directly.
Article 101 [Composition, Nomination](0) The Federal Supreme Court is formed by eleven Justices, chosen among citizens over thirty-five years and under sixty-five years of age, with notorious legal knowledge and unblemished reputation.
(1) The Justices of the Federal Supreme Court are appointed by the President of the Republic, after the choice is approved by the absolute majority of the Federal Senate.
Article 102 [Functions, Constitutional Court](0) The Federal Supreme Court is responsible, mainly, for safeguarding the Constitution and it is incumbent upon it:
I. to process and adjudicate, originally:
a) direct actions of unconstitutionality of a federal or state law or normative act, and declaratory actions of constitutionality of a federal law or normative act;
b) in common criminal offenses, the President of the Republic, the Vice President, the members of Congress, its own Justices and the Attorney General of the Republic;
c) in common criminal offenses and crimes of malversation, the Ministers of State and the Commanders of the Navy, the Army, and the Air Force, except as provided in article 52 I, the members of the Superior Courts, those of the Federal Audit Court and the heads of permanent diplomatic missions;
d) habeas corpus when the petitioner is any one of the persons referred to in the preceding subsections; writs of mandamus and habeas data against acts of the President of the Republic, of the Presiding Boards of the House of Representatives and of the Federal Senate, of the Audit Tribunal of the Union, of the Attorney General of the Republic, and of the Federal Supreme Court itself;
e) litigation between a foreign State or international organization and the Republic, a State, the Federal District or a Territory;
f) disputes and conflicts between the Republic and the States, the Republic and the Federal District, or between one another, including their respective indirect administration entities;
g) extradition requested by a foreign State;
h)
{Revoked};
i) habeas corpus, when the constraining party is a Superior Court, or when the constraining party or the petitioner is an 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;
k) claims for the preservation of its jurisdiction and guarantee of the authority of its decisions;
l) enforcement of a court decision in a case for which it has original jurisdiction, the delegation of authority to perform procedural acts being allowed;
m) suits in which all members of the courts are directly or indirectly involved, and suits in which more than half of the members of the court of origin are impaired or have a direct or indirect interest;
n) conflicts of jurisdiction between the Superior Court of Justice and any other courts, between Superior Courts, or between the latter and any other court;
o) requests for a writ of prevention in direct actions of unconstitutionality;
p) writs of injunction, when preparation of the regulation is the responsibility of the President of the Republic, of Congress, of the House of Representatives, of the Federal Senate, of the Presiding Boards of one of these Legislative Chambers, of the Audit Tribunal of the Union, of one of the Superior Courts, or of the Federal Supreme Court itself;
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 Audit Court, of one of the Superior Courts, or of the Supreme Federal Court itself;
r) lawsuits against the National Council of Justice and against the National Council of the Public Prosecution
II. to adjudicate, at ordinary appeal level:
a) habeas corpus, writs of mandamus, habeas data and writs of injunction decided in a sole instance by the Superior Courts, in the event of a denial;
b) political crimes;
III. to adjudicate, at extraordinary appeal level, cases decided in a sole or last instance, when the appealed decision:
a) is contrary to a provision of this Constitution;
b) declares the unconstitutionality of a treaty or a federal law;
c) considers valid a law or an act of a local government contested under this Constitution;
d) considers valid a local law challenged in the light of a federal law.
(1) A claim of non-compliance with a fundamental precept deriving from this Constitution is examined by the Supreme Federal Court, under the terms of the law.
(2) Final decisions on merits, pronounced by the Supreme Federal Court, in direct actions of unconstitutionality and declaratory actions of constitutionality have force against all, as well as a binding effect, as regards the other bodies of the Judicial Power and the governmental entities and entities owned by the Federal Government, in the federal, state, and local levels.
(3) In an extraordinary appeal, the appealing party must demonstrate the general repercussion of the constitutional issues discussed in the case, under the terms of the law, so that the Court may examine the possibility of accepting the appeal, and it may only reject it through the opinion of two thirds of its members.
Article 103 [Unconstitutional Acts Cassation](0) The following may file direct actions of unconstitutionality and declaratory actions of constitutionality::
I. the President of the Republic;
II. the Presiding Board of the Federal Senate;
III. the Presiding Board of the House of Representatives;
IV. the Directing Board of a State Legislative Assembly or of the Federal District Legislative Chamber;
V. a State Governor or the Federal District Governor;
VI. the Attorney General of the Republic;
VII. the Federal Council of the Brazilian Order of Lawyers;
VII. a political party represented in Congress;
IX. a confederation of labor unions or a national class entity.
(1) The Attorney General of the Republic is first heard in unconstitutionality actions and in all suits coming under the jurisdiction of the Federal Supreme Court.
(2) Upon declaration of unconstitutionality through lack of procedures to make a constitutional provision effective, the appropriate Branch is notified to adopt the necessary action and, in the case of an administrative body, to do so within thirty days.
(3) When the Federal Supreme Court examines the theoretical unconstitutionality of a legal provision or normative act, it first summons the Advocate General of the Republic, who defends the challenged act or text.
(4)
{Revoked}.
Article 103 A [Issue of a summula](0) The Federal Supreme Court may, ex-officio or upon request, upon decision of two thirds of its members, and following reiterated judicial decisions on constitutional matter, issue a summula (restatement of case law) which, as from publication in the official press, has a binding effect upon the lower bodies of the Judicial Power and the direct and indirect public administration, in the federal, state, and local levels, and which may also be reviewed or revoked, as set forth in law.
(1) The purpose of a summula is to validate, construe, and impart effectiveness to some rules about which there is a current controversy among judicial bodies or among such bodies and the public administration, and such controversy brings about serious juridical insecurity and the filing of multiple lawsuits involving similar issues.
(2) Without prejudice to the provisions the law may establish, the issuance, review, or revocation of a summula may be requested by those who may file a direct action of unconstitutionality.
(3) An administrative act or judicial decision which contradicts the applicable sum- mula or which unduly applies a summula may be appealed to the Supreme Federal Court, and if the appeal is granted, such Court declares the administrative act null and void or overrule the appealed judicial decision, ordering that a new judicial decision be issued, with or without applying the summula, as the case may be.
Article 103 B [Composition of The National Council of Justice](0) The National Council of Justice is composed of 15 (fifteen) members appointed for a two-year term of office, one reappointment being permitted, as follows:
I. the Chief Justice of the Supreme Federal Court;
II. a Justice of the Superior Court of Justice, nominated by said Court;
III. a Justice of the Superior Labor Court, nominated by said Court;
IV. a judge of a State Court of Justice, nominated by the Supreme Federal Court;
V. a state judge, nominated by the Supreme Federal Court;
VI. a judge of a Federal Regional Court, nominated by the Superior Court of Justice; VII. a federal judge, nominated by the Superior Court of Justice;
VIII. a judge of a Regional Labor Court, nominated by the Superior Labor Court;
IX. a labor judge, nominated by the Superior Labor Court;
X. a member of the Public Prosecution of the Union, nominated by the Attorney-General of the Republic;
XI. a member of a state Public Prosecution, chosen by the Attorney-General of the Republic from among the names indicated by the competent body of each state institution;
XII. two lawyers, nominated by the Federal Board of the Brazilian Bar Association; XIII. two citizens of notable juridical learning and spotless reputation, one of whom nominated by the Chamber of Deputies and the other one by the Federal Senate.
(1) The Council is presided over by the Chief Justice of the Supreme Federal Court, and, in the event of his absence or impediment, by the most senior associate Justice of the supreme federal court.
(2) the other members of the council are appointed by the President of the Republic, after their nomination has been approved by the absolute majority of the federal senate.
(3) If the nominations set forth in this article are not effected within the legal deadline, selection is incumbent upon the Federal Supreme Court.
(4) It is incumbent upon the Council to control the administrative and financial operation of the Judicial Branch and the proper discharge of official duties by judges, and in addition to other duties that the Statute of the Judicature may confer upon it, it:
I. ensures that the Judicial Branch is autonomous and that the Statute of the Judicature is complied with, and it may issue regulatory acts within its jurisdiction, or recommend measures;
II. ensures that article 37 is complied with, and examines, ex-officio or upon request, the legality of administrative acts carried out by members or bodies of the Judicial Branch, and it may revoke or review them, or stipulate a deadline for the adoption of the necessary measures to achieve due execution of the law, without prejudice to the powers of the Federal Audit Court;
III. receives and examines complaints against members or bodies of the Judicial Branch, including against its ancillary services, clerical offices, and bodies in charge of notary and registration services which operate by virtue of Government delegation or have been made official, without prejudice to the courts' disciplinary competence and their power to correct administrative acts, and it may order that pending disciplinary proceedings be forwarded to the National Council of Justice, determine the removal, placement on paid availability, or retirement with compensation or pension in proportion to the length of service, and enforce other administrative sanctions, full defense being ensured;
IV. presents a formal charge to the Public Prosecution, in the case of crime against public administration or abuse of authority;
V. reviews, ex-officio or upon request, disciplinary proceedings against judges and members of courts tried in the preceding twelve months;
VI. prepares a twice-a-year statistical report on proceedings and judgements rendered per unit of the Federation in the various bodies of the Judicial Branch;
VII. prepares a yearly report, including the measures it deems necessary, on the state of the Judicial Branch in the Country and on the Council's activities, which report must be an integral part of a message to be forwarded by the Chief Justice of the Supreme Federal Court to the National Congress upon the opening of the legislative session.
(5) The Justice of the Superior Court of Justice occupies the position of Corregidor- Justice, in charge of internal affairs, and he is excluded from the assignment of proceedings in said Court, the following duties being incumbent upon him, in addition to those that may be conferred upon him by the Statute of the Judicature:
I. to receive complaints and accusations from any interested party regarding judges and judiciary services;
II. to exercise executive functions of the Council concerning inspection and general correction;
III. to requisition and appoint judges, charging them with specific duties, and to requisition court employees, including in the States, the Federal District, and the Territories.
(6) The Attorney General of the Republic and the Chairman of the Federal Board of the Brazilian Bar Association is competent to petition before the Council.
(7) The Union establishes Justice ombudsman's offices, including in the Federal District and in the Territories, with powers to receive complaints and accusations from any interested party against members or bodies of the Judicial Branch, or against their ancillary services, thus presenting formal charges directly to the National Council of Justice
Article 104 [Composition, Nomination](0) The Superior Court of Justice is formed by at least thirty-three Justices.
(1) The Justices of the Superior Court of Justice are appointed 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 nomination has been approved by the absolute majority of the Federal Senate, as follows:
I. one third among the judges of the Federal Regional Courts, and one third among the judges of the Courts of Appeals, indicated in a list of three names drawn up by the Court itself;
II. one third, in equal parts, among lawyers and members of the Attorney General's Office of the Republic, of the States, of the Federal District and of the Territories, alternately, indicated as set forth in Article 94.
Article 105 [Functions of the Court](0) It is incumbent upon the Superior Court of Justice:
I. to process and adjudicate, originally:
a) in common crimes, the Governors of the States, and of the Federal District and, in common crimes and criminal malversation, the justices of the Courts of Appeals of the States and of the Federal District, the members of the Audit Courts of the States and of the Federal District, those of the Federal Regional Courts, of the Regional Electoral and Labor Courts, the members of Audit Courts or Councils of the Municipalities, and the members of the Attorney General's Office of the Republic, who act before courts;
b) writs of mandamus and habeas data against an act of a Minister of State, of the Commanders of the Navy, the Army, and the Air Force, or of the Court itself;
c) habeas corpus, when the constraining party or the petitioner is any of the persons mentioned in sub-item a), or when the constraining party is a court subject to its jurisdiction, a Minister of State or a Commander of the Navy, the Army, or the Air Force, except for the competence of the Electoral Courts;
d) conflicts of jurisdiction between any courts, except for the provisions of Article 102 I o), as well as between a court and judges not subordinated to it, and between judges subordinated to different courts;
e) criminal reviews of and the rescissory actions for its decisions;
f) claims for the preservation of its jurisdiction and guarantee of the authority of its decisions;
g) conflicts of authority between administrative and judicial authorities of the Republic, or between judicial authorities of one State and administrative authorities of another State or of the Federal District, or between those of the latter and those of the Republic;
h) writs of injunction, when the preparation of the regulation is the responsibility of a federal body, entity or authority, of direct or indirect administration, with the exception of cases coming under the jurisdiction of the Federal Supreme Court and of the bodies of the Military Courts, or the Electoral Courts, of the Labor Courts and of the Federal Courts;
i) the homologation of foreign court decisions and the granting of exequatur to rogatory letters.
II. to adjudicate, at ordinary appeal level:
a) habeas corpus decided in a sole instance or last instance by the Federal Regional Courts or by the courts of the States, of the Federal District and Territories, when the decision denies it;
b) writs of mandamus decided in a sole instance by the Federal Regional Courts or by the courts of the States, of the Federal District and of the Territories, when the decision denies it;
c) cases in which the parties are a foreign State or an international organization on the one part, and a Municipality or a person resident or domiciled in Brazil on the other part;
III. to adjudicate, at special appeal level, cases decided, in a sole instance or last instance, by the Federal Regional Courts or by the courts of the States, of the Federal District and Territories, when the appealed decision:
a) is contrary to a treaty or federal law or denies the effectiveness thereof;
b) considers valid an act of a local government, challenged 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.
(1) The following operate in conjunction with the Superior Court of Justice:
I. the National School for the Education and Further Development of Judges, which is in charge, among other duties, of regulating the official courses for admission into and promotion in the career;
II. the Council of Federal Justice, which, under the terms of the law, exercises administrative and budgetary supervision over the Federal Courts of first and second instances, in the quality of the main body of the system, having powers to correct administrative acts, and whose decisions have a binding nature.
Article 106 [Federal Courts in the States]The following are bodies of the Federal Courts:
I. the Federal Regional Courts;
II. the Federal Judges;
Article 107 [Composition, Nomination, Seat](0) The Federal Regional Courts are formed by at least seven judges, selected, whenever possible, in their respective regions and appointed by the President of the Republic among Brazilians over thirty and under sixty-five years of age, of which:
I. one fifth among lawyers with over then years of actual professional activity and members of the Federal Public Prosecution, with more than ten years of service;
II. the others, through promotion of federal judges with over five years of service, based on seniority and merit, alternately.
(1) A law regulates the removal or exchange of Federal Regional Court judges and determines their jurisdiction and seat.
(2) The Federal Regional Courts installs an itinerant justice system, carrying out hearings and other functions typical of the operation of justice, within the territorial limits of the respective jurisdiction, and making use of public and community facilities.
(3) The Federal Regional Courts may operate in a decentralized mode, by creating regional Divisions, with a view to affording claimants full access to justice in all stages of the judicial action.
Article 108 [Functions of Federal Regional Court]It is incumbent upon the Federal Regional Courts to:
I. process and adjudicate, originally:
a) federal judges of the area of their jurisdiction, including those of the Military Courts and of the Labor Courts, in common crimes and in criminal malversation, and the members of the Federal Attorney General's Office, except for the jurisdiction of the Electoral Courts;
b) criminal review of and the rescissory action for their decisions or those of the federal judges of the region;
c) writs of mandamus and habeas data against an act of the Court itself or of a federal judge;
d) habeas corpus, when the constraining authority is a federal judge;
e) conflicts of jurisdiction between federal judges subordinated to the Court;
II. adjudicate at appeal level, cases decided by federal judges and by state judges exercising federal authority in the area of their jurisdiction.
Article 109 [Federal Judges' Functions](0) It is incumbent upon the federal judges to process and adjudicate:
I. cases in which the Republic, an autonomous government entity or a federal public company have an interest as plaintiffs, defendants, assistants or opponents, except for those relating to bankruptcy, to labor accidents and those subject to the Electoral Courts and the Labor Courts;
II. cases between a foreign State or international organization and a Municipality or a person domiciled or resident in Brazil;
III. cases based on a treaty or a contract of the Republic with a foreign State or international organization;
IV. political crimes and criminal offenses against property, services or interests of the Republic or of its autonomous government entities or public companies, excluding misdemeanor and excepting the jurisdiction of Military Courts and Electoral Courts;
V. crimes set forth in an international treaty or conventions, when, prosecution having commenced in Brazil, the result has taken place or should have taken place abroad, or reciprocally;
V-A. cases regarding human rights referred to in paragraph (5) of this article;
VI. crimes against the organization of labor and, in the cases determined by law, against the financial system and the financial economic order;
VII. habeas corpus, in criminal matters under their jurisdiction or when the constraint originates from an authority whose acts are not directly subject to another jurisdiction;
VIII. writs of mandamus and habeas data against an act of a federal authority, except for those cases coming under the jurisdiction of the higher federal courts;
IX. crimes committed abroad ships or aircraft, except for the jurisdiction of the Military Courts;
X. crimes of irregular entry or stay of a foreigner, execution of letters rogatory after exequatur, and of foreign court decision after homologation, cases referring to nationality, including the respective options, and to naturalization;
XI. disputes over the rights of Indians.
(1) Cases in which the Republic is the plaintiff are instituted in the judicial section where the other party is domiciled.
(2) Cases filed against the Republic may be instituted in the judicial section in which the plaintiff is domiciled, in what where the act or fact given rise to the suit took place, or where the item is located, or, further, in the Federal District.
(3) Cases in which the parties are a social security institution and its beneficiary is processed and adjudicated in the state Courts, in the forum domicile of the beneficiary, whenever the judicial district is not the seat of a federal court; in such a situation, the law may permit other cases to be processed and adjudicated in the state Courts.
(4) In the event of the preceding paragraph, the proper appeal always lies with the Federal Regional Court in the jurisdictional area of the judge of first instance.
(5) In cases of serious human rights violations, and with a view to ensuring compli- ance with obligations deriving from international human rights treaties to which Brazil is a party, the Attorney-General of the Republic may request, before the Superior Court of Justice, and in the course of any of the stages of the inquiry or judicial action, that jurisdiction on the matter be taken to Federal Justice.
Article 110 [Regional Courts](0) Each State, as well as the Federal District, is a judicial section, which has its seat in the respective Capital, and courts located as set forth in the law.
(1) In the Federal Territories, the jurisdiction and duties vested in the federal judges are incumbent upon the judges of the local courts, according to the law.
Article 111 [Labor Justice](0) The following are bodies of the Labor Courts:
I. the Superior Court of Labor;
II. the Regional Labor Courts;
III. Labor Judges.
(1)
{Revoked}.
(2)
{Revoked}.
(3)
{Revoked}.
Article 111 A [Composition of The Superior Labor Court](0) The Superior Labor Court is composed of twenty-seven Justices, chosen from among Brazilians over thirty-five and under sixty-five years of age, appointed by the President of the Republic after approval by the absolute majority of the Federal Senate, as follows:
I. one-fifth from among lawyers effectively practicing their professional activity for more than ten years and from among members of the Labor Public Prosecution with over ten years of effective exercise, with due regard for the provisions of article 94;
II. the others, from among career judges of the Regional Labor Courts, nominated by the Superior Labor Court.
(1) The law makes provisions for the powers of the Superior Labor Court.
(2) The following operate in conjunction with the Superior Labor Court:
I. the National School for the Education and Further Development of Labor Judges, which has the duty, among others, to regulate the official courses for admission into and promotion in the career;
II. the Higher Council of Labor Justice, which, under the terms of the law, exercises administrative, budgetary, financial, and property supervision over Labor Courts of first and second instances, in the quality of central body of the system, whose decisions have a binding effect.
Article 112 [Regional Labor Court]The law establishes Labor Courts of first instance, allowing, in districts not covered by their jurisdiction, for the attribution of such jurisdiction to judges, appeals being admissible to the respective Regional Labor Court.
Article 113 [Group Judges]The law regulates the constitution, installation, jurisdiction, powers, guarantees, and conditions of exercise of the bodies of Labor Justice.
Article 114 [Labor Courts](0) Labor Justice has the power to hear and try:
I. judicial actions arising from labor relations, comprising entities of public international law and of the direct and indirect public administration of the Union, the states, the Federal District, and the municipalities;
II. judicial actions involving the exercise of the right to strike;
III. judicial actions regarding union representation, when the opposing parties are trade unions, or trade unions and workers, or trade unions and employers;
IV. writs of mandamus, habeas corpus, and habeas data, when the action being challenged involves matter under the jurisdiction of Labor Justice;
V. conflicts of powers between bodies having jurisdiction over labor issues, except as provided under article 102 I o);
VI. judicial actions arising from labor relations which seek compensation for moral or property damages;
VII. judicial actions regarding administrative penalties imposed upon employers by the bodies charged with supervising labor relations;
VIII. ex-officio enforcement of the welfare contributions set forth in article 195 I a) and II, and their legal raises, arising from the judgments it pronounces;
IX. other disagreements arising from labor relations, under the terms of the law.
(1) If collective negotiations are unsuccessful, the parties may elect arbitrators.
(2) If any of the parties refuses collective negotiation or arbitration, they may file a collective labor suit of an economic nature, by mutual agreement, and Labor Courts may settle the conflict, respecting the minimum legal provisions for the protection of labor, as well as any provisions previously agreed upon.
(3) In the event of a strike in an essential activity which may possibly injure the public interest, the Labor Public Prosecution may file a collective labor suit, and it is incumbent upon Labor Courts to settle the conflict.
Article 115 [Composition of Regional Courts](0) The Regional Labor Courts are composed of a minimum of seven judges, selected, whenever possible, in the respective region and appointed by the President of the Republic from among Brazilians over thirty and under sixty-five years of age, as follows:
I. one-fifth is chosen from among lawyers effectively practicing their professional activity for more than ten years and from among members of the Labour Public Prosecution with over ten years of effective service, with due regard for the provisions of article 94;
II. the others, by means of promotion of labor judges for seniority and merit, alternately.
(1) The Regional Labor Courts installs an itinerant justice system, carrying out hearings and other functions typical of the operation of justice, within the territorial limits of the respective jurisdiction, and making use of public and community facilities.
(2) The Regional Labor Courts may operate in a decentralized mode, by creating regional Divisions, with a view to affording claimants full access to justice in all stages of the judicial action.
Article 116 [Conciliation and Judgment]In the Labor Courts of first instance, jurisdiction is exercised by a single judge.
Article 117 [Term of Temporary Judges](0) The term of office of the temporary judges in all instances is three years.
(1) The temporary group judges have alternates.
Article 118 [Electoral Court Bodies]The following are bodies of the Electoral Courts:
I. the Superior Electoral Court;
II. the Regional Electoral Courts;
III. the Electoral Boards.
Article 119 [Membership](0) The Superior Electoral Courts is formed by at least seven members chosen:
I. through election, by secret ballot:
a) three judges among the Justices of the Federal Supreme Court;
b) two judges among the Justices of the Superior Court of Justice;
II. by appointment of the President of the Republic, two judges among six lawyers of notorious legal knowledge and good moral repute, indicated by the Federal Supreme Court.
(1) The Superior Electoral Court selects its Chief Justice and Deputy Chief Justice from the Justices of the Federal Supreme Court, and the Electoral Inspector General from the Justices of the Superior Court of Justice.
Article 120 [Regional Courts](0) There has to be a Regional Electoral Court in the Capital of each State and in the Federal District.
(1) The Regional Electoral Courts is formed:
I. through election, by secret ballot:
a) by two judges among the justices of the Court of Appeals;
b) by two judges, among court judges, chosen by the Court of Appeals;
II. by one judge of the Federal Regional Court with its seat in the Capital of the State or in the Federal District, or, in the absence thereof, by a federal judge chosen in any case by the respective Federal Regional Court;
III. by appointment by the President of the Republic of two judges among six lawyers or notorious legal knowledge and good moral repute, indicated by the Court of Appeals.
(2) The Regional Electoral Court elects its Chief Justice and Deputy Chief Justice among the justices.
Article 121 [Powers, functions, organization](0) A supplement law provides for the organization and jurisdiction of the electoral courts, judges and boards.
(1) The members of the courts, the judges and the members of the electoral boards, while in office and to the extent applicable to them, enjoy full guarantees and are irremovable.
(2) The judges of the electoral courts, save for a justified reason, serve for two years at least and never for more than two consecutive two year periods, and their substitutes are chosen at the same time and through the same procedure, in equal numbers for each category.
(3) The decisions of the Superior Electoral Court are unappealable, with the exception of those which contravene this Constitution and those denying habeas corpus or a writ of mandamus.
(4) Decisions of the Regional Electoral Courts may only be appealed when:
I. they are rendered against an express provision of this Constitution or of a law;
II. there is a divergence in the interpretation of a law among two or more electoral courts;
III. they deal with the ineligibility or issuance of certificates of election in federal or state elections;
IV. they annul certificates of election or decree loss of federal or state elective offices;
V. they deny habeas corpus, writs of mandamus, habeas data or writs of injunction.
Article 122 [Bodies]The following are bodies of the Military Courts:
I. the Superior Military Court;
II. the Military Courts and Judges instituted by law.
Article 123 [Superior Military Court](0) The Superior Military Court is formed by fifteen life tenured Justices appointed by the President of the Republic after approval of their indication by the Federal Senate, three of which among admirals of the Navy, four among generals of the Army, three among generals of the Air Force, all of them in active service and in the highest rank of their career, and five among civilians.
(1) The civilian Justices are chosen by the President of the Republic among Brazilians over thirty-five years of age, of which:
I. three among lawyers of notorious legal knowledge and unblemished conduct, with over ten years of actual professional activity;
II. two, by equal choice, among military judges and members of the Military Attorney General's Office.
Article 124 [Functions](0) It is incumbent upon the Military Courts to process and adjudicate the military crimes defined by law.
(1) The law provides for the organization, operation, and jurisdiction of the Military Courts.
Article 125 [Guidelines](0) The States organize their Courts, observing the principles established in this Constitution.
(1) The jurisdiction of the courts is defined in the Constitution of the State, and the law of judicial organization is the initiative of the Court of Appeals.
(2) It is incumbent upon the States to institute actions of unconstitutionality of state or municipal laws or normative acts in view of the State Constitution, and it is forbidden to ascribe standing to act to only one simple body.
(3) By proposal of the Court of Justice, a state law may create the State Military Justice, constituted, at first instance, by judges and 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 troops count more than twenty thousand members. (4) The State Military Justice has the competence to institute legal proceeding and trial of the military of the states for military crimes defined in law, as well as to hear and try judicial actions against military disciplinary measures, with due regard for the competence of the jury when the victim is a civilian, and the competent court decides upon the loss of post or rank of officers and of the grade of servicemen.
(5) The judges of the military justice system have the competence, in the quality of single-judge courts, to institute legal proceeding and trial of military crimes committed against civilians and to hear and try judicial actions against military disciplinary measures, and it is incumbent upon the Council of Justice, presided over by a judge, to institute legal proceeding and trial of other military crimes.
(6) The Court of Justice may operate in a decentralized mode, by creating regional Divisions, with a view to affording claimants full access to justice in all stages of the judicial action.
(7) The Court of Justice installs an itinerant justice system, carrying out hearings and other functions typical of the operation of justice, within the territorial limits of the respective jurisdiction, and making use of public and community facilities.
Article 126 [Rural Propriety Deputies](0) For the settlement of conflicts relating to land property, the Court of Justice proposes the creation of specialized single-judge courts, with exclusive competence for agrarian matters.
(1) Whenever required for efficient jurisdictional service, the judges go personally to the site of the conflict.
Article 127 [Attorney General's Office](0) The Attorney General's Office is a permanent institution, essential to the jurisdiction function of the State, and it is incumbent upon it to defend the juridical order, the democratic regime and indispensable social and individual interests.
(1) Unity, indivisibility, and functions independence are institutional principles of the Attorney General's Office.
(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 abolishment 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 remuneration policies, and the career plans; the law provides for its organization and operation.
(3) The Attorney General's Office draws up its budgetary proposal within the limits established in the budget directives law.
(4) If the Public Prosecution does not forward its respective budget proposal within the time period stipulated in the law of budgetary directives, the Executive Power obeys, with a view to engrossing the annual budget proposal, take into account the figures approved in the current budgetary law, such figures adjusted in accordance with the limits stipulated under the terms of paragraph (3).
(5) If the budget proposal referred to in this article and thus forwarded does notobey the limits stipulated under paragraph (3), the Executive Power effects the necessary adjustments with a view to engrossing the annual budget proposal.
(6) In the implementation of the budget of a specific fiscal year, no expenses may be incurred and no obligations may be assumed that exceed the limits stipulated in the law of budgetary directives, except when previously authorized, by opening supplementary or special credits.
Article 128 [Composition](0) The Attorney General's Office includes:
I. the Attorney General's Office of the Republic, which comprises:
a) the Federal Attorney General's Office;
b) the Labor Attorney General's Office;
c) the Military Attorney General's Office';
d) the Attorney General's Office of the Federal District and of the Territories;
II. the Attorney General's Offices of the States.
(1) The head of the Attorney General's Office of the Republic is the Attorney General of the Republic, appointed by the President of the Republic among career members over thirty-five years of age, after approval of his name by an absolute majority of the members of the Federal Senate, for a term of office of two years, re-appointment being permitted.
(2) Removal of the Attorney General of the Republic from office, on the initiative of the President of the Republic, is subject to prior authorization by an absolute majority of the Federal Senate.
(3) The Attorney General's Office of the State and of the Federal District and of the Territories form a list of three names from career members, as set forth in the respective law, for the choice of their Attorney General, who is appointed by the Head of the Executive Branch for a term of office of two years, re-appointment being permitted.
(4) The Attorneys General of the States and of the Federal District and the Territories may be removed from office by a resolution of an absolute majority of the Legislative Branch, as set forth in the respective supplement law.
(5) Supplementary laws of the Union and of the states, which may be proposed by the respective Attorneys-General, establish the organization, the duties and the statute of each Public Prosecution, observing, as regards their members:
I. the following guarantees:
a) life tenure, after two years in office, and loss of office only by a final and unappealable court decision;
b) irremovability, safe for reason of public interest, through a decision of the competent collegiate body of the Public Prosecution, by the vote of the absolute majority of its members, full defense being ensured;
c) irreducibility of compensation, stipulated according to article 39 (4), and with due regard for the provisions of articles 37 X and XI, 150 II, 153 III, 153 (2) I;
II. the following prohibitions:
a) receiving, on any account and under any pretense, fees, percentages or court costs;
b) having a law practice;
c) participating in a commercial company, in accordance with the law;
d) performing, even when suspended from office, any other public function, except for teaching;
e) engaging in political or party activities;
f) receiving, on any account or for any reason, financial aid or contribution from individuals, and from public or private institutions, save for the exceptions set forth in law.
(6) The provisions of article 95 (1) V, apply to the members of Public Prosecution.
Article 129 [Functions](0) The following are institutional functions of the Attorney General's Office;
I. to institute, with exclusivity, public criminal action, as set forth in the law;
II. to ensure effective respect by the Government Branches and by the services of public relevance for the rights ensured under this Constitution, taking the action required to guarantee such rights;
III. to institute civil investigation and public civil action to protect public and social property, the environment, and other diffuse and collective interests;
IV. to institute unconstitutionality action or suit for purpose of intervention by the Republic and by the States, in the cases set forth in this Constitution;
V. to defend in court the rights and interest of the Indian populations;
VI. to issue notices in administrative procedures under its jurisdiction, requesting information and documents to support same according to the respective supplemental law;
VII. to exercise external control over police activities, according to the supplemental law mentioned in the preceding article;
VIII. to request investigation procedures and the institution of police investigations, indicating the legal grounds of its procedural acts;
IX. to perform other functions which may be conferred upon it, provided that they are compatible with its objectives, with the prohibition of judicial representation and legal consultancy for public entities.
(1) The standing of the Attorney General's Office to institute the civil actions set forth in this article does not preclude the standing of third parties in the same cases, according to the provisions of this Constituting and of the law.
(2) The functions of Public Prosecution may only be exercised by career members, who must reside in the judicial district of their respective assignment, save when otherwise authorized by the head of the institution.
(3) Admission into the career of Public Prosecution takes 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, at least three years of legal practice being required of holders of a B.A. in law, and observing, for appointment, the order of classification.
(4) The provisions of article 93 apply to the Public Prosecution, where appropriate.
(5) In the Public Prosecution, proceedings will be assigned immediately upon filing.
Article 130 [Application for Audit Courts]The provisions of this section regarding rights, prohibitions, and form of investiture apply to members of the Attorney General's Office before the Audit Courts.
Article 130 A [Composition of The National Council of the Public Prosecution](0) The National Council of the Public Prosecution is composed of fourteen members appointed by the President of the Republic, after their nomination has been approved by the absolute majority of the Federal Senate, for a two-year term of office, one reappointment being permitted, as follows:
I. the Attorney-General of the Republic, who chairs the Council;
II. four members of the Public Prosecution of the Union, representing each one of its careers;
III. three members of the Public Prosecution of the States;
IV. two judges, one of whom nominated by the Supreme Federal Court and the other one by the Superior Court of Justice;
V. two lawyers, nominated by the Federal Board of the Brazilian Bar Association;
VI. two citizens of notable juridical learning and spotless reputation, one of whom nominated by the Chamber of Deputies and the other one by the Federal Senate.
(1) The members of the Council who are members of the Public Prosecution are nominated by their respective bodies, under the terms of the law.
(2) It is incumbent upon the National Council of the Public Prosecution to control the administrative and financial operation of the Public Prosecution and the proper discharge of official duties by its members, and it obeys:
I. ensure that the Public Prosecution is autonomous in its operation and administration, and it may issue regulatory acts within its jurisdiction, or recommend measures;
II. ensure that article 37 is complied with, and examine, ex-officio or upon request, the legality of administrative acts carried out by members or bodies of the Public Prosecution of the Union and of the States, and it may revoke or review them, or stipulate a deadline for the adoption of the necessary measures to achieve due execution of the law, without prejudice to the powers of Audit Courts;
III. receive and examine complaints against members or bodies of the Public Prosecution of the Union or of the States, including against their ancillary services, without prejudice to such institutions' disciplinary competence and their power to correct administrative acts, and it may order that pending disciplinary proceedings be forwarded to the National Council of the Public Prosecution, determine the removal, placement on paid availability, or retirement with compensation or pension in proportion to the length of service, and enforce other administrative sanctions, full defense being ensured;
IV. review, ex-officio or upon request, disciplinary proceedings against members of the Public Prosecution of the Union or of the States tried in the preceding twelve months;
V. prepare a yearly report, including the measures it deems necessary, on the state of the Public Prosecution in the Country and on the Council's activities, which report must be an integral part of the message referred to in article 84 XI.
(3) The Council obeys, by means of secret voting, choose a national Corregidor, from among the members of the Public Prosecution who compose the Council, reappointment being forbidden, and the following duties are incumbent upon him, in addition to those that may be conferred upon him by law:
I. to receive complaints and accusations from any interested party regarding members of the Public Prosecution and its ancillary services;
II. to exercise executive functions of the Council concerning inspection and general correction;
III. to requisition and appoint members of the Public Prosecution, delegating specific duties to such members, and to requisition employees of Public Prosecution bodies.
(4) The Chairman of the Federal Board of the Brazilian Bar Association is competent to petition before the Council.
(5) Federal and state legislation establish ombudsman's offices for the Public Prosecution, with powers to receive complaints and accusations from any interested party against members or bodies of the Public Prosecution, including against their ancillary services, thus presenting formal charges directly to the National Council of the Public Prosecution.
Article 131 [Advocacy General of the Union](0) The Advocacy General of the Union is the institution which, either directly or through a connected body, represents the Republic in and out of Court, and it is responsible, according to the supplemental law which provides for its organization and operation, for the activities of legal consultancy and assistance to the Executive.
(1) The head of the Advocacy General of the Union is the Advocate General of the Union, freely appointed by the President of the Republic among citizens over thirty-five years of age, of notorious legal knowledge and unblemished reputation.
(2) Admission into the initial classes of the careers of the institution dealt with in this article takes place through a public competitive examination of tests and titles.
(3) In execution of tax debts owed by the Republic, the Republic is represented by the Office of the Procurator General of the National Treasury, with due regard for the provisions of the law.
Article 132 [States](0) The Prosecutors of the states and of the Federal District, organized in a career, admission into which depends on a civil service entrance examination of tests and presentation of academic and professional credentials, with the participation of the Brazilian Bar Association in all of its stages, exercise judicial representation and judicial consultation for their respective federated units.
(1) The Prosecutors referred to in this article are entitled to acquire tenure after three years of effective exercise, by means of a performance appraisal carried out by the relevant agencies, following a detailed report issued by the corregidors.
Article 133 [Lawyers]The lawyer is indispensable to the administration of justice, and he is inviolable for his acts and statements in the practice of his profession, within the limits of the law.
Article 134 [Public Defender's Office](0) The Public Defender's Office is an institution essential to the State's jurisdictional function and responsible for legal advice to and defense of the needy at all instances, set forth in Article 5 LXXIV.
(1) A supplemental law organizes the Public Defender's Office of the Republic and of the Federal District and of the Territories, and prescribes general rules for its organization in the States, into career offices, filed, in the initial level, through a public competitive examination of tests and titles, ensuring its members guaranteed irremovability and prohibiting the practice of law outside their institutional duties.
(2) The Public Legal Defense of each state is ensured of functional and administrative autonomy, as well as the prerogative to present its budget proposal within the limits set forth in the law of budgetary directives and in due compliance with the provisions of article 99 (2).
(3) The provision of paragraph (2) above applies to the Public Defender of the Union an the Public Defender of the Federal District.
Article 135 [Submission to Principles]Servants in the careers regulated in Sections II and III of this Chapter are remunerated according to article 39 (4).
Article 136 [State of Defense](0) The President of the Republic may, after hearing the Council of the Republic and the Council of National Defense, decree a state of defense to preserve or to promptly re-establish, in certain and restricted locations, public order or social peace whenever threatened by serious and imminent institutional instability or affected by major natural calamities.
(1) The decree instituting a state of defense determines the period of its duration, specifies the areas to be encompassed and indicates, within the terms and limitations of the law, the coercive measures to be put into force out of the following:
I. restrictions to the rights of:
a) meeting, even within associations;
b) secrecy of correspondence;
c) secrecy of telegraph and telephone communication;
II. occupation and temporary use of public or private property, workforce, and services in the event of a public calamity, the Republic being liable for the resulting damages and costs.
(2) A state of defense may not last for longer than thirty days and it may be extended once for an identical period if the reasons justifying the respective decree persist.
(3) During the period in which a state of defense is in force:
I. arrest for a crime against the State, determined by the party executing the measure, are immediately communicated by such party to the proper judge, who remits it if it is illegal, provided that the arrested person may request examination of corpus delict from the police authority;
II. the communication has to be accompanied by a statement by the authority as to the physical and mental state of the arrested person at the time of his or her arrest;
III. no person may be imprisoned or detained for more than ten days, unless authorized by the Judiciary branch;
IV. incommunicability of the arrested person is forbidden.
(4) Upon decree of state of defense or extension thereof, the President of the Republic obeys within twenty-four hours submit the act with the respective justification to Congress, which decides by absolute majority.
(5) If Congress is in recess, it is called extraordinarily within five days.
(6) Congress examines the decree within ten days as from receipt thereof, and remains in operation as long as the state of defense is in force.
(7) If the decree is rejected, the state of defense ceases immediately.
Article 137 [Martial State](0) The President of the Republic may, after hearing the Council of the Republic and the Council of National Defense, request Congress to authorize a decree of state of siege in the event of:
I. serious disturbance with national effects or occurrence of facts that evidence the ineffectiveness of a measure taken during the state of defense.
II. declaration of state of war or reaction to foreign armed aggression.
(1) The President of the Republic obeys, on requesting authorization to decree a state of siege or extend it, submit the reasons for such request, and Congress decides by absolute majority.
Article 138 [State of Siege Decree](0) The decree of a state of siege specifies the period of its duration, the rules required to implement it and the constitutional guarantees that are to be suspended and, after publication, the President of the Republic designates the person who is to execute the specific measures and the areas encompassed.
(1) In the event of Article 137 I, state of siege may not be decreed for more than thirty days and each extension may not exceed thirty days; in the event of Item II, it may be decreed for the entire period of the war or foreign aggression.
(2) If authorization to decree a state of siege is requested during parliamentary recess, the President of the Federal Senate immediately calls Congress extraordinarily to convene within five days in order to examine the act.
(3) Congress remains in operation until the end of the coercive measures.
Article 139 [Restrictions](0) During the effectiveness of a state of siege decreed under Article 137 I, only the following measures may be taken against persons:
I. obligation to remain in a given place;
II. detention in a building not intended for persons accused of or convicted for common crimes;
III. restrictions regarding the inviolability of correspondence, the secrecy of communications, the rendering of information, and freedom of press, radio broadcasting, and television, according to the law;
IV. suspension of freedom to meet;
V. intervention in public utility companies;
VI. requisitioning of property.
(1) Not included in the restrictions of Item III is the broadcasting of statements made by members of Parliament in their Legislative Houses, if authorized by the respective Presiding Board.
Article 140 [Special Standing Comitee]The Presiding Board of Congress obeys, after hearing the party leaders, designate a Committee made up of five of its members to monitor and supervise the implementation of measures of state of defense and state of siege.
Article 141 [Termination](0) When the state of defense or state of siege ceases, its effects also cease, without prejudice to liability for unlawful acts performed by the executors or agents thereof.
(1) As soon as the state of defense or state of siege ceases, the measures applied during the effectiveness thereof are reported by the President of the Republic in a message to Congress, specifying and justifying the action taken, listing the names of those affected and indicating the restrictions applied.
Article 142 [The Armed Forces, Defence](0) The Armed Forces, made up of the Navy, the Army, and the Air Force, are permanent and regular national institutions, organized on the basis of hierarchy and discipline, under the supreme authority of the President of the Republic. They are intended to defend the Nation, guarantee the constitutional branches, and, on the initiative of any of them, law and order.
(1) A supplemental law establishes the general rules to be adopted for the organization, training, and employment of the Armed Forces.
(2) Habeas corpus does not apply to military disciplinary punishments.
(3) The members of the Armed Forces are called military, and the following provisions apply to them, in addition to other provisions that the law may establish:
I. the ranks, with the prerogatives, rights and duties inherent to them, are awarded by the Presi- dent of the Republic and are guaranteed in full to officers in active service, those of the reserve or in retirement, and such officers have exclusive rights to military titles and posts, and, together with the other members, to the use of the uniforms of the Armed Forces;
II. a military in active service who takes office in a permanent civil public position or employment, except in the case provided for in art. 37, item XVI, letter c. is transferred to the reserve, under the terms of the law;
III. a military in active service who, according to law, takes office in a non-elective, temporary civil public position, job or function, even in the indirect administration, except in the case provided for in art. 37, item XVI, letter c., is to 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 is counted only for that promotion and for transfer to the reserve, and after two years, whether continuous or not, away from active service, he is to be transferred to the reserve, under the terms of the law;
IV. the military are forbidden to join unions and to strike;
V. while in actual service, the military are forbidden to belong to political parties;
VI. an officer obeys 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;
VII . an officer sentenced in a common or military court by means of an unappealable judgment to imprisonment for more than two years is submitted to trial as provided in the preceding item;
VIII. the provisions of article 7, items VIII, XII, XVII, XVIII, XIX and XXV, and of article 37, items XI, XIII, XIV and XV, as well as in the form of law and prevalence of military activity in the art. 37, items XVI, letter c., apply to the military;
IX.
{Revoked};
X. the law provides for admission to the Armed Forces, age limits, tenure, and other conditions for a military to be retired, the rights, duties, remuneration, prerogatives and other circumstances which are specific to the military, the special characteristics of their activities being taken into account, including those carried out by virtue of international agreements and of war.
Article 143 [Military Service](0) Military service is compulsory according to the law.
(1) It is incumbent upon the Armed forces, according to the law, to assign an alternative service to those who, in times of peace, after being enlisted, allege reasons of conscience, which is understood as reasons based on religious creed and philosophical or political belief for exemption from essentially military activities.
(2) Women and clergymen are exempted from compulsory military service in times of peace but are subject to other duties that may be attributed to them by law.
Article 144 [Public Security](0) Public security, which is the duty of the State and the right and responsibility of all, is exercised to preserve public order and the invulnerability of persons and property, by means of the following bodies:
I. federal police;
II. federal highway police;
III. federal railway police;
IV. state polices and military fire brigades.
(1) The federal police, instituted by law as a permanent body, organized and maintained by the Union and structured into a career, are intended:
I. to determine criminal offenses against the political and social order or to the detriment of property, services, and interests of the Republic and of its autonomous government entities and state companies, as well as other offenses with interstate or international effects and requiring uniform repression according to the law;
II. to hinder and repress illegal traffic of narcotics and like drugs, smuggling and contraband, without prejudice to action by the treasury and other government agencies in their respective jurisdiction;
III. to exercise the functions of maritime, airport and border police;
IV. to exercise, with exclusivity, the functions of judicial police of the Republic.
(2) The federal highway police are a permanent body organized and maintained by the Union, structured into a career and intended, according to the law, to ostensibly patrol the federal highways.
(3) The federal railway police are a permanent body organized and maintained by the Union, structured into a career and intended, according to the law, to ostensibly patrol the federal railways.
(4) It is incumbent upon the civilian police, directed by career police officers and excepting the authority of the Republic, to exercise the functions of judicial police and to determine criminal offenses, except for military ones.
(5) It is incumbent upon the state troops to carry out the functions of ostensive police and to preserve the public order; it is incumbent upon the military fire brigades, in addition to the duties defined by law, to carry out activities of civil defense.
(6) The state troops and military fire brigades, ancillary forces, and reserve of the Army are subject, together within the civilian police, to the Governors of the State, of the Federal District and of the Territories.
(7) The law regulates the organization and operation of the bodies responsible for public security in such a manner as to guarantee the efficiency of their activities.
(8) The Municipalities may organize municipal guards to protect their property, services, and facilities, according to the law.
(9) The remuneration of the policemen who are members of the agencies mentioned in this article are to be stipulated according to article 39 (4).
Article 145 [Taxation]The Republic, the States, the Federal District, and the Municipalities may institute the following tributes:
I. taxes;
II. fees, by virtue of the exercise of police power or for the actual or potential use of specific and divisible public services rendered to taxpayers or made available to them.
III. assessments, by virtue of public works.
(1) Whenever possible, taxes are personal and graded according to the economic capacity of the taxpayer, and the tax administration may, especially to make these objectives effective and respecting individual rights and the terms of the law, identify the property, income, and economic activities of the taxpayer.
(2) Fees may not have the assessment basis reserved for taxes.
Article 146 [Supplemental Law on Taxes](0) A supplemental law obeys:
I. deal with conflicts of taxing power among the Republic, the States, the Federal District, and the Municipalities;
II. regulate the constitutional limits to taxing power;
III. establish general rules for tax legislation, particularly regarding:
a) the definition of tributes and their kinds, and, as regards the taxes specified in this Constitution, the definition of the respective taxable events, assessment bases, and taxpayers;
b) tax liability, assessment, credit, statute of limitations, and laches;
c) adequate tax treatment for the cooperative acts performed by cooperative entities;
d) the definition of a differentiated and favorable tax treatment to be given to micro and small businesses, including special or simplified tax regimes in the case of the tax set forth in article 155 II, the contributions set forth in article 195 I and paragraphs (12) and (13), and the contribution referred to in article 239.
(1) The supplementary law referred to in item III d) may also establish a single regime for the collection of taxes and contributions owed to the Union, the States, the Federal District, and the Municipalities, with due regard for the following:
I. it is optional for the taxpayer;
II. different eligibility requirements may be established for each State;
III. payment of said tributes is unified and centralized, and the distribution of the share of funds belonging to the respective units of the Federation is immediate, any withholding or establishment of conditions being forbidden;
IV. collection, control, and claiming of payment may be shared by the units of the Federation, a single national roster of taxpayers being adopted.
Article 146 A [Special criteria for taxation]A supplementary law may establish special criteria for taxation, with a view to preventing imbalances in competition, without prejudice to the power of the Federal Government to establish, by law, rules for the same purpose.
Article 147 [Taxation in Territories]In a Federal Territory, state taxes are within the taxing power of the Republic and, if the Territory is not divided into Municipalities, also municipal taxes; municipal taxes are within the taxing power of the Federal District.
Article 148 [Compulsory Loans]The Republic may, by means of a supplemental law, institute compulsory loans:
I. to defray extraordinary expenses resulting from public calamity, foreign war or imminence thereof;
II. in the event of a public investment that is urgent or of relevant national interest, with due regard for the provisions of Article 150 III b).
(1) Applications of the funds derived from a compulsory loan are linked to the expense that justified the institution thereof.
Article 149 [Social and Economic Taxes](0) It is exclusively incumbent upon the Republic to institute social contributions, contributions regarding intervention in the economic domain, and contributions in the interest of the professional or economic categories, as an instrument of activity in the respective areas, with due regard for the provisions of Articles 146 III and 150 I and III, and without prejudice to the provisions of Article 195 (6), for the contributions mentioned in the provision.
(1) The States, the Federal District, and the Municipalities may institute a contribution payable by their employees to fund the social security scheme referred to in article 40, for the benefit of such employees, and the respective rate may not be lower than the rate of the contribution paid by employees holding effective posts in the Uniona social assistance and security system to their benefit.
(2) The social contribution taxes mentioned in the head paragraph of this article, as well as the contribution taxes regarding intervention in the economic domain:
I. may not be levied on export earnings;
II. may be also levied on the importation of foreign products or services;
III. may have the following rates:
a) ad valorem rates, having as basis the proceeds, gross revenues, or the value of the transaction, and, in the case of importation, the customs value;
b) specific rates, having as basis the unit of measurement adopted.
(3) A natural person who is the recipient in an import transaction may be held as equivalent to a corporate body, under the terms of the law.
(4) The law establishes the cases in which contributions will be levied only once.
Article 149 A [Contribution to finance the public lighting service](0)The Municipalities and the Federal District may establish a contribution, under the terms of their respective laws, to finance the public lighting service, with due regard for the provisions of article 150 I and III.
(1) The contribution mentioned in the head paragraph of this article may be charged to the consumer's electricity bill.
Article 150 [Main Limits](0) Without prejudice to any other guarantees ensured to the taxpayer, it is forbidden for the Republic, the States, the Federal District, and the Municipalities:
I. to claim or increase a tax without a law establishing such claim or increase;
II. to institute unequal treatment for taxpayers that are in an equivalent situation, it being forbidden to make any distinction by virtue of the professional occupation or function performed by them, regardless of the legal designation of the income, instruments or rights;
III. to collect tributes:
a) for taxable events that occurred before the effectiveness of the law that instituted or increased them;
b) in the same fiscal year in which the law that instituted or increased them was published;
c) within the period of ninety days as from the date of publication of the law which instituted or raised such tributes, with due regard for the provision of letter b);
IV. to use tributes for purposes of confiscation;
V. to establish limitations to the traffic of persons or goods by means of interstate or intermunicipal tributes, except for the collection of toll fees for the use of highways maintained by the Government;
VI. to institute taxes on:
a) property, income, or services of one by another;
b) temples of any cult;
c) property, income, or services of political parties, including their foundations, of worker unions, and of non-profit educational and social assistance institutions, with due regard for the requirements of the law;
d) books, newspapers, periodicals, and paper intended for the printing thereof;
e) sound recordings and musical videofonogramas produced in Brazil or literomusicais containing musical works by Brazilian authors and/or works in general interpreted by Brazilian artists, as well as materials or digital media files containing them. Exception to this immunity is the phase of industrial replication of laser-read optical medias.
(1) The prohibition set forth in item III b) may not apply to the taxes provided upon in articles 148 I, 153 I, II, IV and V, and 154 II; and the prohibition set forth in item III c) may not apply to the taxes provided upon in articles 148 I, 153 I, II, III and V, and 154 II, nor to the stipulation of the assessment basis of the taxes provided upon in articles 155 III and 156 I.
(2) The prohibition set forth in Item VI a) extends to autonomous government entities and foundations instituted and maintained by the Government as regards the property, incomeand services connected with their essential purposes or resulting therefrom.
(3) The prohibitions contained in Item VI a) and in the preceding paragraph do not apply to property, income, and services connected with the exploitation of economic activities governed by the rules that apply to private undertakings or to undertakings in which users pay consideration or prices or tariffs, not exempt the party who agreed to buy real property from the obligation to pay tax there on.
(4) The prohibitions contained in Item VI b) and c) encompass only the property, income, and services connected with the essential purpose of the entities mentioned therein.
(5) The law determines measures for consumers to obtain information regarding the taxes levied on goods and services.
(6) Any subsidy or exemption, reduction of assessment basis, concession of presumed credit, amnesty or remission, related to taxes, fees or contributions, may only be granted by means of a specific federal, state or municipal law, which provides exclusively for the above-enumerated matters or the corresponding tax, fee or contribution, without prejudice to the provisions of Article 155 (2) XII g.
(7) The law may impose upon the taxpayer the burden of the payment of a tax or contribution, whose taxable event will occur later, the immediate and preferential restitution of the amount paid being ensured, in case the presumed taxable event does not occur.
Article 151 [Limits to the Republic]It is forbidden for the Republic:
I. to institute taxes that are not uniform throughout the entire national territory or that imply a distinction or preference regarding a State, the Federal District, or a Municipality to the detriment of another, provided that tax incentives may be granted to balance social economic development among the various regions of Brazil;
II. to tax income from public debt bonds of the States, of the Federal District, and of the Municipalities, as well as the compensation and earnings of the respective public agents, at levels above those established for its own bonds and agents;
III. to institute exemptions from taxes within the jurisdiction of the States, the Federal District, or the Municipalities.
Article 152 [Forbiden to Divisions]It is forbidden for the States, the Federal District and the Municipalities to establish a tax difference between goods and services of any nature by virtue of their origin or destination.
Article 153 [Taxes of the Federation](0) It is incumbent upon the Republic to institute taxes on:
I. imports of foreign products;
II. exports to other countries of national or nationalized products:
III. income and earnings of any nature;
IV. industrialized products;
V. transactions of credit, foreign exchange, and insurance, or transactions with instruments and securities;
VI. rural property;
VII. large fortunes, according to a supplemental law.
(1) The executive Branch may, with due regard for the conditions and limits established in the law, alter the rates of the taxes listed in Items I, II, IV, and V.
(2) The tax established in Item III:
I. is based on criteria of generality, universality, and progressiveness according to the law;
II. may not be levied, according to the terms and limits established in the law, on income derived from retirement and pension paid by the social security system of the Republic, of the States, of Federal District, and of the Municipalities to a person with over sixty-five years of age and whose total income consists exclusively of work pay.
(3) The tax set forth in Item IV:
I. is selective, based on the essentiality of the product;
II. is non-cumulative, and the tax due for each transaction is offset by the amount charged at the previous transactions;
III. may not be levied on industrialized products intended for export;
IV. has its impact reduced, as set forth by law, in the case of purchase of capital goods by a taxpayer who is liable to pay such tax.
(4) The tax established in Item VI of the head paragraph:
I. is progressive and its rates are determined in such a manner as to discourage the retention of unproductive real property;
II. may not be levied on small tracts of land, as defined in law, when a proprietor who owns no other real property exploits them;
III. is controlled and collected by the Municipalities which opt to do so, under the terms of the law, provided that they do not reduce this tax or introduce any other type of fiscal waiver.
(5) Gold, when defined by law as a financial asset or negotiable instrument, is subject exclusively to the tax mentioned in item V of the main provision of this article, which is due on the original transaction; the minimum rate is one per cent, ensuring the transfer of the collected amount on the following terms:
I. thirty per cent to the State, the Federal District, or the Territory, depending on the origin;
II. seventy per cent to the Municipality of origin.
Article 154 [National Taxes]The Republic may institute:
I. by means of a supplemental law, taxes not listed in the preceding article, provided they are non-cumulative and have a specific taxable event or assessment basis other than those specified in this Constitution;
II. upon the imminence or in the case of foreign war, extraordinary taxes, whether or not included in its taxing power, which are gradually suppressed when the causes for their creation ceased.
Article 155 [State and Federal District](0) The states and the Federal District have the power to institute taxes on:
I. transfer by death and donation of any property or rights;
II. transactions relating to the circulation of goods and to the rendering of interstate and intermunicipal transportation services and services of communication, even when such transactions and renderings begin abroad;
III. ownership of automotive vehicles.
(1) The tax established in item I:
I. for real property and respective rights is within the jurisdiction of the Federal District or of the State where the property is located;
II. for assets, instruments, and credits is within the jurisdiction of the Federal District or of the State where the probate or enrolment is processed, or where the donor has his or her domicile;
III. has its authority regulated by a supplemental law:
a) if the donor is domiciled or resident abroad;
b) if the deceased owned property, was resident or domiciled or had his or her probate processed abroad;
IV. has its maximum rates established by the Federal Senate.
(2) The tax established in item II observes the following:
I. it is non-cumulative and the tax due on each transactionof circulation of goods or rendering of services is offset by the amount charged at the previous ones by the same or by another State or by the Federal District;
II. exemption or non-levy, except as otherwise determined in the law:
a) may not imply a credit for offset against the amount due on the following transactions or rendering or services;
b) causes the annulment of the credit for the previous transactions;
III. may be selective, according to the essentiality of the goods or services;
IV. a resolution of the Federal Senate, on the initiative of the President of the Republic or of one third of the Senators, approved by an absolute majority of its members, establishes the rates that are to apply to interstate and export transactions and rendering of services;
V. the Federal Senate may:
a) establish minimum rates for internal transactions, by a resolution on the initiative of one third and approved by an absolute majority of its members;
b) establish maximum rates for the same transactions to resolve a specific conflict involving interests of States, by a resolution on the initiative of an absolute majority and approved by two thirds of its members;
VI. unless otherwise determined by the States and the Federal District, according to Item VII g), the internal rates for transactions of circulation of goods and of rendering of services may not be lower than those established for interstate transactions;
VII. the following is adopted for transactions and for rendering of goods and services to end consumers located in another State:
a) an interstate rate, when the recipient is a taxpayer;
b) an internal rate, when the recipient is not a taxpayer;
VIII. in the event of Subitem a) of the preceding item, the tax corresponding to the difference between the internal rate and the interstate rate is attributable to the State where the recipient is located;
IX. is also levied:
a) on the entry of goods or products imported from abroad by an individual or corporate body, even in the case of a taxpayer who does not pay such tax on a regular basis, regardless of its purpose, as well as on services rendered abroad, and the tax is attributed to the state where the domicile or the establishment of the recipient of the product, good, or service is located;
b) on the total value of the transaction, when goods are supplied with services not included in the taxing power of the Municipalities;
X. may not be levied:
a) on transactions involving goods to be shipped abroad, nor on services to be delivered to parties abroad, and tax charges and credits in preceding transactions involving such goods or services continue in effect;
b) on transactions transferring oil, including lubricants, liquid and gaseous fuels derived there from and electric energy to other States;
c) on gold, in the events defined in Article 153 (5);
d) on communications services in the modes of sound broadcasting and sound and image broadcasting which are available for reception by the public free of charge;
XI. may not include in its assessment basis the amount of the tax on industrialized products, when the transaction made between taxpayers and involving a products intended for industrialization or sale, represents a taxable event for both taxes;
XII. a supplemental law:
a) defines the taxpayers;
b) deals with tax substitution;
c) regulates the system for offsetting the tax;
d) establishes, for purposes of collection of the tax and definition of the liable establishment, the location of transactions ofcirculation of goods and of rendering of services;
e) excludes from levy of the tax, in export to other countries, services and products other than those mentioned in Item X a);
f) provides for the maintenance of a credit for services and goods remitted to another State and exported to other countries;
g) regulates the manner in which, by resolution of the States and the Federal District, tax exemptions, incentives and benefits are granted and revoked.
h) defines the fuels and lubricants on which this tax is levied only once, regardless of its purpose, in which case the provision of item X b) does not apply;
i) stipulates the assessment basis so as to include the amount of the tax, also in the event of importation of goods, products, or services from abroad.
(3) With the exception of the taxes mentioned in item II of the head paragraph of the present article, and Article 153 I and II, no other tax may be levied on transactions concerning electric energy, telecommunications services, petroleum products, fuels and minerals of the country.
(4) In the event of item XII h, the following applies:
I. in transactions involving lubricants and petroleum-derived fuels, the tax is attributed to the state where consumption takes place;
II. in interstate transactions among taxpayers involving natural gas and its by-products, and lubricants and fuels not included in item I of this paragraph, the tax is shared by the state of origin and the state of destination, and the proportion existing in transactions involving other goods is observed;
III. in interstate transactions involving natural gas and its by-products, and lubricants and fuels not included in item I of this paragraph, when it is not incumbent upon the recipient to pay the tax, such tax is attributed to the state of origin;
IV. the tax rates are defined by joint decision of states and the Federal District, under the terms of paragraph (2) XII g), with due regard for the following:
a) they are uniform throughout the national territory, and they may be different for each product;
b) they may be specific, according to the unit of measurement adopted, or ad valorem, levied on the value of the transaction or on the price the product or a similar product would be sold for in free competition circumstances;
c) they may be lowered and restored to their original levels, and the provision of article 150 III b) may not apply thereto.
(5) The rules for the enforcement of the provisions of paragraph (4), including those concerning the collection and assignment of the tax, are established by joint decision of states and the Federal District, under the terms of paragraph (2) XII g).
(6) The tax established in item III:
I. has its minimum rates stipulated by the Federal Senate;
II. may have different rates according to type and utilization.
Section V Municipal Taxes
Article 156 [Municipal Taxes](0) It is incumbent upon the Municipalities to institute taxes on:
I. urban real property;
II. transfer of propriety among alive persons, on any account and for consideration, of real property by nature or physical accession and of any in rem rights to real property, except for collateral, as well as the assignment of rights to the purchase thereof;
III. services of any nature not included in Article 155 II, as defined in a supplementary law.
IV. services of any nature not included in Article 155 I b), as defined in a supplemental law.
(1) Without prejudice to the progressiveness in time mentioned in article 182 (4) II, the tax referred to in item I may:
I. be progressive according to the value of the property; and
II. have different rates according to the location and utilization of the property.
(2) The tax set forth in Item II:
I. may not be levied on the transfer of property or rights incorporated into the assets of a legal entity to pay up its capital, nor on the transfer of property or rights as a result of consolidation, merger, spin off of extinction of a legal entity, unless, in the latter cases, the preponderant activity of the purchaser is the purchase and sale of such property or rights, the lease of real property or leasing;
II. is attributable to the Municipality where the property is located.
(3) As regards the tax established in item III of the head paragraph of this article, a supplementary law:
I. establishes its maximum and minimum rates;
II. excludes exportations of services to other countries from levy of the said tax;
III. regulates the manner and conditions for the granting and revocation of fiscal exemptions, incentives, and benefits.
(4) A supplemental law:
I. establishes the maximum rates for the taxes set forth in Items III and IV;
II. excludes exports of services abroad from levy of the tax set forth in item IV.
Article 157 [Attributions for the States](0) The following is attributed to the States and the Federal District:
I. the proceeds from the collection of the federal tax on income and earnings of ny nature withheld at source from income paid on any account by them, their autonomous government entities, and by the foundations they institute and maintain;
II. twenty per cent of the proceeds from the collection of the tax that the Republic may institute in exercising the authority conferred in by Article 154 I.
Article 158 [Atribution to the Municipalities](0) The following is attributed to the Municipalities:
I. the proceeds from the collection of the federal tax on income and earnings of any nature withheld at source from income paid on any account by them, their autonomous government entities and by foundations instituted or maintained by them;
II. fifty per cent of the proceeds from the collection of the Federal tax on rural property concerning real property located in the municipalities, or one hundred per cent of such proceeds in the case of the option referred to in article 153 (4) III;
III. fifty per cent of the proceeds from the collection of the State tax on the ownership of automotive vehicles licensed in their territories;
IV. twenty-five per cent of the proceeds from the collection of the State tax on transactions of distribution of goods and on rendering of services of interstate and intermunicipal transportation and of communication services.
(1) The revenue portions attributed to the Municipalities as mentioned in Item IV are credit according to the following criteria:
I. at least three quarters, in proportion to the value added in the transactions of distribution of goods and rendering of services carried out in their territories;
II. up to one quarter, as established in state law or, in the case of the Territories, in federal law.
Article 159 [Delivery](0) The Republic delivers:
I. of the proceeds from the collection of the tax on income and earnings of any nature and of the tax on industrialized products, forty-eight per cent as follows:
a) twenty-one wholes and five tenths per cent to the Participation Fund of the States and of the Federal District;
b) twenty-two wholes and five tenths per cent to the Participation Fund of the Municipalities;
c) three per cent, for allocation to programs to finance the productive sector of the North, Northeast, and Center West Regions, through their regional financial institutions, according to regional development plans, the semi-arid area of the Northeast being assured of half the funds intended for the Region as established in the law;
d) one per cent to the Revenue Sharing Fund of the Municipalities, to be remitted within the first ten days of the month of December of each year;
II. of the proceeds from the collection of the tax on industrialized products, ten per cent to the States and to the Federal District, in proportion to the value of respective exports of industrialized products;
III. of the proceeds from the collection of the contribution for intervention in the economic domain set forth in article 177 (4), twenty-nine per cent to the States and to the Federal District, distributed in accordance with the law, with due regard for the allocation referred to in item II c) of said paragraph.
(1) For purposes of calculating the amount to be delivered under Item I, the portion of the collection of the tax on income and earnings of any nature belonging to the States, the Federal District, and the Municipalities according to Article 157 I, and 158 I is excluded.
(2) No federated unit may be allocated an amount in excess of twenty per cent of the amount referred to in Item II, and any excess is distributed among the other participants, maintaining the apportionment criterion established therein for the latter.
(3) It is forbidden to make any retention or restriction regarding the delivery and employment of the funds attributed under this section to the States, the Federal District, and the Municipalities, including any tax additions and increase.
(4) Twenty-five per cent of the amount of monies referred to in item III and allocated to each State is assigned to its Municipalities, in accordance with the law referred to in said item.
Article 160 [Prohibition]The prohibition mentioned in the present article does not prevent the Union and the states from remitting the funds on condition of
I. payment of their credits, including those of the associate government agencies;
II. compliance with the provisions of article 198 (2) II and III.
Article 161 [Suplemental Law](0) A supplemental law:
I. defines the added value for the purposes of Article 158 (1) I;
II. establishes rules for the delivery of the funds dealt with in Article 159, especially the criteria for apportionment of the funds mentioned in its Item I, seeking to maintain social and economic balance among States and among Municipalities;
III. deals with the monitoring, by the beneficiaries, of the calculation of the quotas and release of the participations set forth in Articles 157, 158, and 159.
(1) The Audit Tribunal of the Union calculates the quotas referring to the participation funds mentioned in Item II.
Article 162 [Amount Publication](0) The Republic, the States, the Federal District, and the Municipalities announce, on or before the last day of the month following the month of collection, the amounts of each of the taxes collected, the funds received, the tax sums delivered and to be delivered and the numerical expression of the apportionment criteria.
(1) The data disclosed by the Republic is discriminated by State and by Municipality; those of the States by Municipality.
Article 163 [Public Finances Law]A supplemental law deals with:
I. government finances;
II. foreign and domestic government debt, including the debt of the autonomous government entities, foundations, and other entities controlled by the Government;
III. rendering of guarantees by government entities;
IV. issuance and redemption of government debt bonds;
V. financial supervision of governmental entities and entities owned by the Federal Government;
VI. foreign exchange transactions carried out by agencies and entities of the Republic, of the States, of the Federal District, and of the Municipalities;
VII. compatibility of the functions of the official credit institutions of the Republic, safeguarding all the characteristics and operating conditions of those intended for regional development.
Article 164 [Coin Money, Central Bank, Control](0) The authority of the Republic to issue money is exercised exclusively by the Central Bank.
(1) It is forbidden for the Central Bank to directly grant loans to the National Treasury and to any agency or entity which is not a financial institution.
(2) The Central Bank may purchase and sell instruments issued by the National Treasury in order to regulate the money supply of the interest rate.
(3) The available cash of the Republic has to be deposited at the Central Bank; that of the States, of the Federal District, of the Municipalities, and of the agencies or entities of the Government and of the companies controlled by the Government, at official financial institutions, excepting the cases established in the law.
Article 165 [Budget Plan & Legislation](0) Laws in the initiative of the Executive Branch establish:
I. the pluriannual plan;
II. the budget directives;
III. the annual budgets.
(1) The law that institutes the pluriannual plan establishes, byregion, the directives, objectives, and targets of the Federal Government for the capital expenses and other expenses resulting therefrom and for those regarding continuous programs.
(2) The budget directives law contains the targets and priorities of the Federal Government, including the capital expenses for the following fiscal year, guides the preparation of the annual budget law, deals with changes in tax legislation, and establishes the investment policy for official promotion financing agencies.
(3) The Executive Branch, within thirty days of the end of each two month period, publishes a summarized report on budget implementation.
(4) The national, regional, and sectorial plans and programs set forth in this Constitution are prepared in accordance with the pluriannual plan and examined by Congress.
(5) The annual budget law comprises:
I. the tax budget for the Branches of the Republic, their funds, agencies, and entities of direct and indirect administration, including foundations instituted and maintained by the Government;
II. the investment budget of the companies in which the Republic directly or indirectly holds the majority of the voting capital;
III. the social security budget, covering all entities and agencies of direct or indirect administration connected with social security, as well as funds and foundations instituted and maintained by the Government.
(6) The budget law bill is accompanied by a regionalized statement on the effect on revenues and expenses as a result of financial, tax and credit exemptions, amnesties, remissions, subsidies, and benefits.
(7) The functions of the budgets established in Paragraph (5) I and II made compatible with the pluriannual plan, include the function of reducing interregional differences according to populational criteria.
(8) The annual budget law may not contain any provision that does not represent a forecast of revenues, according to the law.
(10) A supplemental law:
I. deals with the fiscal year, effectiveness, terms, preparation, and organization of the pluriannual plan, of the budget directives law, and of the annual budget law;
II. establishes rules of financial and property management by the direct and indirect administration, as well as conditions for the institution and operation of funds.
Article 166 [Bills, Drafts](0) The bills of law regarding the pluriannual plan, the budget directives, the annual budget, and the additional credits are examined by the two Houses of Congress under the common regulations.
(1) A permanent mixed Committee of Senators and Representatives:
I. examines and issues its opinion on the bills referred to in this article and on the accounts submitted each year by the President of the Republic;
II. examines and issues its opinion on the national, regional, and sectorial plans and programs established in this Constitution and exercises budgetary monitoring and supervision, without prejudice to the activity of the other committees of Congress and of its Houses, created under Article 58.
(2) Amendments are submitted to the mixed Committee, which issue its opinion on them, and are examined, according to the regulations, by the Plenary Session of the two Houses of Congress.
(3) Amendments to the bill of the annual budget law or to billsthat modify if may only be approved if:
I. they are compatible with the pluriannual plan and with the budget directives law;
II. they specify the necessary funds, allowing only those resulting from the annulment of an expense and excluding those that apply to:
a) appropriations for personnel and their charges;
b) debt servicing;
c) constitutional tax transfers to the States, Municipalities and Federal District; or
III. they are related:
a) to the correction of errors or omissions; or
b) to the provisions of the text of the bill.
(4) Amendments to the bill of the budget directives law may not be approved it they are incompatible with the pluriannual plan.
(5) The President of the Republic may send a message to Congress to propose the modification of the bills referred to in this article as long as the mixed Committee has not started to vote on the part for which an alteration is being proposed.
(6) The bills of the pluriannual plan law, budget directives law and annual budget law are submitted by the President of the Republic to Congress according to the supplemental act referred to in Article 165 (9).
(7) To the extent that they do not conflict with the provisions of this section, the other rules regarding legislative procedure apply to the bills mentioned in this article.
(8) Those funds which, by virtue of a veto, amendment or rejection of the bill of the annual budget law, have no corresponding expenses, may be used, as the case may be, means of special or supplemental credits with prior and specific legislative authorization.
Article 167 [Forbidden]The following are forbidden:
I. to commence programs or projects not included in the annual budget law;
II. to incur expenses or assume direct obligations that exceed the budgetary or additional credits;
III. to carry out credit transactions that exceed the amount of capital expenses, excepting those authorized by means of supplemental or special credits for a precise purpose and approved by an absolute majority of the Legislative Branch;
IV. to bind tax revenues to an agency, fund or expense, excepting the sharing of the proceeds from the collection of the taxes referred to in articles 158 and 159, the allocation of funds for public health actions and services, for the maintenance and development of education, and for the implementation of tax administration activities, as determined, respectively, in article 198 (2), article 212, and article 37 XXII, and the granting of guarantees on credit transactions by advance of revenues, as established in article 165 (8), as well as in paragraph (4) of the present articl;
V. to open a supplemental or special credit without prior legislative authorization and without specification of the respective funds;
VI. to reclassify, reallocate, or transfer funds from one programming category to another or from one agency to another without prior legislative authorization;
VII. to grant or use unlimited credits;
VIII. to use, without specific legislative authorization, funds from the tax and social security budgets to satisfy a need or cover a deficit of companies, foundations, and funds, including those mentioned in Article 165 (5);
IX. to institute funds of any nature without prior legislative authorization.
X. to transfer funds voluntarily and to grant loans, including by means of advancement of revenues, by the Federal Government, the Government of the States and their financial institutions, for the payment of expenditures related to active and retired personnel and pensioners, of the States, the Federal District, and the Municipalities.
XI. to use the funds arising from the welfare contributions set forth in article 195, I, a, and II, to defray expenses other than the payment of benefits of the general social security scheme referred to in article 201.
(1) No investment implemented over more than one fiscal year may be commenced without prior inclusion in the pluriannual plan or without a law authorizing such inclusion, subject tocriminal malversion.
(2) Special and extraordinary credits are effective in the fiscal year in which they are authorized, unless the act authorizing them is promulgated during the last four months of that fiscal year, in which event, the limits of their balances being reopened, they are incorporated into the budget of the subsequent fiscal year.
(3) Opening of extraordinary credit is only allowed to cover unforeseeable and urgent expenses, such as those resulting from war, internal commotion of public calamity, with due regard for the provisions of Article 62.
(4) It is permitted to bind proper revenues generated by the taxes referred to in Articles 155 and 156, and the funds mentioned in Articles 157, 158 and 159 I a and b, to the granting of a guarantee or a counterguarantee to the Union, and to the payment of debits owed to the same.
Article 168 [Judicial Branch Funds]The funds corresponding to budgetary allocations, including supplementary and special credits, intended for the bodies of the Legislative and Judicial Powers, the Public Prosecution, and the Public Legal Defense, are remitted to them on or before the twentieth of each month, in twelfths, as provided in the supplemental act referred to in Article 165 (9).
Article 169 [Expenditures](0) Expenditures with active and retired personnel of the Union, the states, the Federal District and the municipalities may not exceed the limits established in a supplementary law.
(1) The granting of any advantage or increase of remuneration, the creation of posts, positions or functions, or alteration of career structures, as well as admission or hiring of personnel, on any account, by Government bodies and entities, or entities owned by the Government, including foundations instituted and maintained by the Government, may only be effected:
I. if there is a prior budgetary allocation sufficient to cover the estimated expenditure with personnel and the increases resulting therefrom;
II. if there is specific authorization in the law of budgetary directives, with the exception of government enterprises and joint stock companies.
(2) Once finished the time limit established in the supplementary law referred to in this article for the adaptation to the standards therein stipulated, all remittances of federal or state funds are immediately suspended to the States, the Federal District, and the Municipalities which do not obey the said limits.
(3) To comply with the limits established according to this article, within the time period stipulated in the supplementary law referred to in the head paragraph, the Union, the States, the Federal District, and the Municipalities adopt the following measures:
I. reduction of at least twenty percent of the expenditures with commission offices and positions of trust;
II. discharge of untenured servants.
(4) If the measures adopted according to the preceding paragraph are not sufficient to guarantee compliance with the provision of the supplementary law referred to in this article, tenured servants may be dismissed, provided that a regulatory act justified by each of the Branches specifies the activity, the agency, or the adminis- trative unit where reduction of personnel must be carried out.
(5) A servant who is dismissed according to the preceding paragraph is entitled to compensation equivalent to one month of remuneration per year of service.
(6) The post affected by the reduction mentioned in the preceding paragraphs is considered extinct, and the creation of a post, position, or function with equal or similar duties is forbidden for the period of four years.
(7) A federal act provides for the general rules to be complied with in carrying out the provision of paragraph (4).
Article 170 [Economic Order, Market Sistem, Social and Democratic Basis](0) The economic order, founded on the appreciation of human work and on free enterprise, is intended to ensure everyone a life with dignity, according to the dictates of social justice, with due regard for the following principles:
I. national sovereignty;
II. private property;
III. the social function of property;
IV. free competition;
V. defense of the consumer;
VI. environment protection, which may include differentiated treatment in accordance with the environmental impact of goods and services and of their respective production and delivery processes;
VII. reduction of regional and social differences;
VIII. achievement of full employment;
IX. preferential treatment for small entreprises organized under Brazilian laws and having their head-office and management in Brazil.
(1) Free exercise of any economic activity is ensured to everyone, regardless of any government authorization, except in the cases set forth by law.
Article 171 [Concepts]{ Revoked by Constitutional Amendment No. 6/1995 of 15 Aug1995 }
Article 172 [Investiments]The law regulates foreign capital investments, according to national interests, encourages reinvestments, and regulates the remittance of profits.
Article 173 [Public Companies](0) With the exception of the cases set forth in this Constitution, the direct exploitation of an economic activity by the State is only allowed whenever it is necessary to national security or to a relevant collective interest, as defined in the law.
(1) The law establishes the legal system of public companies, joint-stock compa- nies and their subsidiary companies engaged in economic activities connected with the production or trading of goods, or with the rendering of services, providing upon:
I. their social function and the forms of control by the State and by society;
II. compliance with the specific legal system governing private companies, including civil, commercial, labour, and tax rights and liabilities;
III. bidding and contracting of works, services, purchases, and disposal, with due regard for the principles of government services;
IV. the establishment and operation of boards of directors and of boards of supervisors, with the participation of minority shareholders;
V. the terms of office, the performance appraisals, and the liability of administrators..
(2) Public companies and mixed capital companies may not enjoy fiscal privileges which are not extended to companies of the private sector.
(3) The law regulates the relationships of public companies with the State and with society.
(4) The law represses abuse of economic power aiming at domination of markets, elimination of competition, and arbitrary increase of profits.
(5) The law, without prejudice to the individual liability of the officers of a legal entity, establishes the liability of the latter, subjecting it to penalties compatible with its nature, for acts that contravene the economic and financial order and the economy of the people.
Article 174 [State and Economy](0) As the normative and regulating agent of economic activity, the State, in the manner set forth by law, performs the functions of supervision, incentive, and planning, the latter being binding for the public sector and indicative for the private sector.
(1) The law establishes the guidelines and bases for planning balanced national development, which embody national and regional development plans and make them compatible.
(2) The law supports and encourages cooperativism and other forms of association.
(3) The State favors the organization of cooperatives for mineral prospecting and mining activities, taking into account the protection of the environment and the social economic promotion of the prospectors and miners.
(4) The cooperatives referred to in the preceding paragraph have priority in obtaining authorization or grants for prospecting and mining of mineral resources and deposits in the areas where they are operating and in those established in accordance with Article 21 XXV, in the manner set forth in the law.
Article 175 [Public Utility Services](0) In the manner set forth in the law the Government in responsible for providing public utility services either directly or by grant or permit, which will always be through public bidding.
(1) The law provides for:
I. the regime for public utility companies, the special nature of their contract, and of extension thereof, and the conditions of forfeiture, control, and termination of the grant or permit;
II. the rights of users;
III. tariff policy;
IV. the obligation of maintaining adequate services.
Article 176 [Monopolies](0) Mineral deposits, whether being exploited or not, and othermineral resources and hydraulic energy potential represent property separate from the soil, for purposes of exploitation or use, and belong to the Republic, the grant holder being guaranteed ownership of the mined product.
(1) The prospecting and mining of mineral resources and the utilization of the potentials mentioned in the caption of this article may only take place with authorization or concession by the Union, in the national interest, by Brazilians or by a company organized under Brazilian laws and having its head-
office and management in Brazil, in the manner set forth by law, which law establishes specific conditions when such activities are to be conducted in the boundary zone or on Indian lands.
(2) The owner of the soil is assured of participation in the results of the mining work, in the manner and amount provided for by law.
(3) Authorization for prospecting is always granted for a limited period of time and the authorizations and grants set forth in this article may not be assigned or transferred, either in full or in part, without the prior consent of the granting authority.
(4) Exploitation of a renewable energy potential of small capacity does not require an authorization or grant.
Article 177 [Monopoly of Some Activities](0) The following are the monopoly of the Republic:
I. prospecting and exploitation of deposits of oil and natural gas or other fluid hydrocarbons;
II. refining of national or foreign oil;
III. imports and exports of the products and basic by-products resulting from the activities set forth in the preceding items;
IV. ocean transportation of crude oil of national origin or of basic oil by products produced in Brazil, as well as pipeline transportation of crude oil, its by products and natural gas of any origin;
V. prospecting, mining, enrichment, reprocessing, industrialization, and trading of nuclear mineral ores and minerals and their by-products, with the exception of radioisotopes whose production, sale, and use may be authorized under a permission, in accordance with article 21 (1) XXIII b) and c) of this Federal Constitution.
(1) The union may contract with state-owned or with private enterprises for the execution of the activities provided for in items i through iv of this article, with due regard for the conditions set forth by law.
(2) The law referred to in paragraph (1) provides for:
I. a guarantee of supply of petroleum products in the whole national territory;
II. the conditions of contracting;
III. the structure and duties of the regulatory agency of the monopoly of the union.
(3) The law provides for the transportation and use of radioactive materials within the Brazilian territory.
(4) The law which institutes a contribution tax of intervention in the economic domain regarding activities of importation or sale of petroleum and petroleum products, natural gas and its by-products, and fuel alcohol includes the following requirements:
I. the contribution rate may be:
a) different for each product or use;
b) lowered and restored to its original level by an act of the Executive Branch, and the provision of article 150 III b), may not apply thereto;
II. the proceeds from the collection of the contribution are allocated:
a) to the payment of price or transportation subsidies for fuel alcohol, natural gas and its by-products, and petroleum products;
b) to the financing of environmental projects related to the petroleum and gas industry;
c) to the financing of transportation infrastructure programs.
Article 178 [Transportation](0) The law provides for the regulation of air, water and ground transportation, and it complies, in respect to the regulation of international transportation, with the agreements entered into by the Union, with due regard to the principle of reciprocity.
(1) In regulating water transportation, the law sets forth the conditions in which the transportation of goods in coastal and internal navigation will be permitted to foreign vessels.
Article 179 [Small Companies Help]The Republic, the States, the Federal District, and the Municipalities afford micro companies and small companies, as defined by law, differentiated legal treatment, seeking to further them through simplification of their administrative, social security, and credit obligations or through elimination or reduction thereof by means of a law.
Article 180 [Tourism]The Republic, the States, the Federal District, and the Municipalities promote and further tourism as a factor of social and economic development.
Article 181 [Response to Foreign Authority]Response to a requisition for a document or for information of a commercial nature, made by a foreign administrative or judicial authority to an individual or legal entity residing or domiciled in Brazil require authorization from the proper Authority.
Article 182 [Municipal Urbanization](0) The urban development policy carried out by the Municipal Government, according to general guidelines set forth in the law, is aimed at organizing the full development of the city's social functions and ensuring the well being of its inhabitants.
(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 on policy.
(2) Urban property performs its social function when it meets the fundamental requirements for the city's organization as set forth in the master plan.
(3) Expropriation of urban property is made against prior and fair compensation in cash.
(4) The Municipal Government may, by means of a specific law, in relation to areas 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 subdivision or construction;
II. rates of urban property and land tax that are progressive in time;
III. expropriation with payment in public debt bonds issued with the prior approval of the Federal Senate, redeemable within up to ten years, in equal and successive annual instalments, ensuring the real value of the compensation and legal interest.
Article 183 [Usurpation](0) An individual who holds as his own an urban area of up to two hundred and fifty square meters, for five years without interruption or opposition, using it as his or as his family's home, acquires title to such property, provided that he does not own any other urban or rural property.
(1) The deed of title and authorization of use is granted to the man or woman, or both, regardless of their marital status.
(2) Such right may not be recognized for the same holder more than once.
(3) Public real property may not be acquired by usurpation.
Article 184 [Agrarian Reform](0) It is incumbent upon the Republic to expropriate for social interest, for purposes of agrarian reform, rural property which is not performing its social function, against prior and fair compensation in agrarian debt bonds with a clause providing for maintenance of real value and redeemable within a period of up to twenty years as from the second year of issue, and the use of which is defined in the law.
(1) Useful and necessary improvements are compensated in cash.
(3) A supplemental act establishes special summary adversary proceedings for expropriation action.
(4) The budget each year determines the total volume ofagrarian debt bonds, as well as the amount of funds for the agrarian reform program in the fiscal year.
(5) Transactions of transfer of property expropriated for agrarian reform purposes are exempt from federal, state, and municipal taxes.
Article 185 [Limits of Agrarian Reform](0) The following may not be subject to expropriation for agrarian reform purposes:
I. small and medium sized rural property, as defined in the law, provided its owner does not own other property;
II. productive property.
(1) The law ensures special treatment for productive property and establishes rules for the fulfilment of the requirements for its social function.
Article 186 [Social Function, Limits]The social function is performed when rural property simultaneously meets, according to the criteria and standards prescribed in the law, the following requirements:
I. rational and adequate use;
II. adequate use of available natural resources and preservation of the environment;
III. compliance with the provisions which regulate labor relations;
IV. exploitation which favors the well-being of the owners and workers.
Article 187 [Policy](0) The agricultural policy is planned and carried out pursuant to the law, with the actual participation of the production sector comprising producers and rural workers, as well as the marketing, storage, and transportation sectors, with special consideration for:
I. credit and fiscal mechanisms;
II. prices compatible with production cost and marketing guarantees;
III. research and technology incentives;
IV. technical assistance and rural extensions;
V. agricultural insurance;
VI. cooperativism;
VII. rural electricity and irrigation systems;
VIII. housing for rural workers.
(1) Agricultural planning includes agroindustrial, stock raising, fishing, and forestry activities.
(2) Agricultural policy action is rendered compatible with agrarian reform action.
Article 188 [Public Vacant Lands](0) The destination given to public and vacant lands is to be compatible with the agricultural policy and the national agrarian reform plan.
(1) The disposal or granting in any way of public lands with an area of more than two thousand and five hundred hectares to an individual or legal entity, even through an intermediary, requires the prior approval of Congress.
(2) Disposals or grants of public lands for agrarian reform purposes are excluded from the provisions of the preceding paragraph.
Article 189 [Propriety Title](0) The beneficiaries of distribution or rural land under the agrarian reform receive deeds of title or authorization of use which may not be transacted for a period of ten years.
(1) The deed of title and authorization of use is granted to the man or the woman, or to both, irrespective of their marital status, pursuant to the terms and conditions set forth in the law.
Article 190 [Restrictions]The law regulates and restricts the acquisition or lease of rural property by a foreign individual or legal entity, and determines the cases subject to authorization from Congress.
Article 191 [Usurpation](0) The individual who, not being the owner or rural or urban property, holds as his own, for five years, without interruption or opposition, an area of land on the rural zone not exceeding fifty hectares and with his labor and that of his family makes the land productive and dwells thereon, acquires ownership of the land.
(1) Public property may not be acquired by usurpation.
Article 192 [Financial System](0) The national financial system, structured to promote the balanced development of the country and serve the collective interests, in all of the component elements of the system, including credit cooperatives, is regulated by supplementary laws which also provide for the participation of foreign capital in the institutions that make up said system.
I.
{Revoked};
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{Revoked};
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{Revoked}:
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{Revoked};
b)
{Revoked};
IV.
{Revoked};
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{Revoked};
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{Revoked};
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{Revoked};
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{Revoked}.
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{Revoked}.
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{Revoked}.
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{Revoked}.
Article 193 [Work, Social Justice]The social order is founded on the primacy of work and aimed at social well-being and justice.
Article 194 [Social Security and Assistance](0) Social security comprises an integrated set of initiatives by the Branches of Government and by Society, aimed at ensuring the rights to health, social security, and social assistance.
(1) It is incumbent upon the Government, pursuant to the law, to organize social security 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 distributivity in the provision of benefits and services;
IV. irreducibility of the value of the benefits;
V. diversity of financing basis;
VII. democratic and decentralized character of administration, by means of quadripartite management, with the participation of worker, employers, retirees, and the Government in the collegiate bodies.
Article 195 [Financial System](0) Social security is financed by all of society, either directly of indirectly, pursuant to the law, with funds derived from the budgets of the Republic, States, Federal District, and Municipalities and from the following social contributions:
I. of employers, companies, and entities defined by law as being comparable to companies, assessed on:
a) the payroll and other labor earnings paid or credited, on any account, to individuals who render services to them, even when there is no employment bond;
b) income or revenues;
c) profits; I
II. of workers and other persons insured by social security, no contribution being assessed on retirement pensions and other pensions granted by the general social security scheme referred to in article 201;
III. on the revenue of lotteries;
IV. of importers of goods or services from other countries, or of other parties defined by law as being comparable to such importers.
(1) The revenues of the States, Federal District, and Municipalities intended for social security are included in the respective budgets and may not be part of the federal budget.
(2) The proposal for the social security budget is prepared jointly by the health, social security, and social assistance agencies, taking into account the targets and priorities set forth in the budget directives law, ensuring each area the management of its funds.
(3) A legal entity indebted to the social security system, as foreseen in the law, may not contract with the Government nor receive benefits or fiscal or credit incentives from the Government.
(4) The law may institute other sources in order to ensure maintenance or expansion of social security, with due regard for the provisions of Article 154 I.
(5) No social security benefit or service may be created, increased, or extended without having a corresponding source of full funding.
(6) The social contributions mentioned in this article may only be charged ninety days after the publication of the law which instituted or modified them, and the provisions of Article 150 III b) may not apply thereto.
(7) Social assistance charity institutions, which meet the requirements set forth in the law, are exempted from contribution to social security.
(8) Rural producers, sharecroppers, tenant farmers, and self-employed fishermen, as well as their spouses, who exercise their activities within a household system and without permanent employees contribute to social welfare by applying a rate to the proceeds from the sale of their production and are entitled to the benefits provided by law.
(9) The welfare contributions set forth in item I of the head paragraph of this article may have differentiated rates or assessment bases, according to the economic activity, the intensive use of labor, the size of the company, or the structural situation of the labour market.
(10) The law defines the criteria for the transfer of funds allocated to the unified health system and for social assistance initiatives, from the Union to the States, the Federal District, and the Municipalities, and from the States to the Municipalities, with due regard for the respective transfer of funds.
(11) It is forbidden to grant remission or pardon of the welfare contributions referred to in items I a), and II of this article, for debits which exceed the limit stipulated by a supplementary law.
(12) The law defines the sectors of economic activity for which the contributions stipulated under the terms of items I b), and IV of the head paragraph, are non-cumulative.
(13) The provision of paragraph (12) also applies in the case of gradual replace- ment, either total or partial, of the contribution stipulated under the terms of item I a), by the contribution due on income or revenues.
Article 196 [Health, Right of Assistance]Health is the right of all persons and the duty of the State and is guaranteed by means of social and economic policies aimed at reducing the risk of illness and other hazards and at universal and equal access to all actions and services for the promotion, protection and recovery of health.
Article 197 [Public System, Private Nets]Health actions and services are of public relevance and it is incumbent upon the Government to provide, pursuant to the law, for their regulation, supervision and control. Such actions and services are to be carried out directly or through third parties and also by means of individuals or legal entities of private law.
Article 198 [Public Healthcare Guidelines](0) Public health actions and services are part of a regionalized and hierarchical network and constitute a single system organized according to the following guidelines:
I. decentralization with a single management in each government sphere;
II. full service, priority being given to preventive activities, without prejudice to assistance services;
III. participation of the community;
(1) The single health system is financed, pursuant to Article 195, with funds from the social security budget of the Republic, the States, the Federal District, and the Municipalities, in addition to other sources.
(2) The Union, the States, the Federal District, and the Municipalities apply each year, to health actions and public services, a minimum amount of funds derived from the application of percentages calculated upon the following:
I. in the case of the Union, in the manner defined under the terms of the supplementary law provided for in paragraph (3);
II. in the case of the States and of the Federal District, the proceeds from the collection of the taxes mentioned in article 155 and of the funds mentioned in articles 157 and 159 I a) and II, after deducting the portions remitted to the respective Municipalities;
III. in the case of the Municipalities and of the Federal District, the proceeds from the collection of the taxes mentioned in article 156 and of the funds mentioned in articles 158 and 159 I b), and paragraph (3).
(3) A supplementary law to be revised at least every five years establishes:
I. the percentages referred to in paragraph 2;
II. the criteria for the sharing of funds of the Union earmarked for health and assigned to the States, the Federal District, and the Municipalities, and of funds of the States assigned to their respective Municipalities, with a view to a progressive reduction of regional disparities;
III. the rules for supervision, assessment, and control of expenditures on health at the level of the Union, the States, the Federal District, and the Municipalities;
IV. the rules to calculate the amount to be applied by the Union.
(4) The local managers of the unified health system may hire community health workers and endemic disease control agents by means of a public selection process, taking into account the nature and complexity of their duties and the specific requirements of their activity.
(5) Federal legislation provides for the legal regime, a nationwide professional minimum salary, the guidelines for career schemes, and the regulation of activities of community health workers and endemic disease control agents, and it is incumbent upon the Federal Government, under the terms of the law, to provide supplementary financial support to the States, the Federal District, and Municipalities, to achieve compliance with said minimum salary.
(6) In addition to the cases set forth in article 41 (1) and in article 169 (4) of the Federal Constitution, an employee whose activities are equivalent to those of a community health worker or an endemic disease control agent may be dismissed if he does not comply with the specific requirements stipulated by law for such activities.
Article 199 [Private Enterprise](0) Health assistance is open to private enterprise.
(1) Private institutions may participate on a supplementary basis in the single health system, according to guidelines set forth by the latter, by means of public law contracts or agreements, preference being given to philanthropic and non-profit entities.
(2) The allocation of public funds to aid or subsidize private profit seeking institutions is forbidden.
(3) Direct or indirect participation of foreign companies or capital in Brazil's health assistance is forbidden, except in the cases foreseen in the law.
(4) The law establishes the conditions and requirements to allow the removal of human organs, tissues, and substances intended for transplantation, research, and treatment, as well as the collection, processing, and transfusion of blood ant its by products, all kinds of sale being forbidden.
Article 200 [Single Health System]The single health system, in addition to other duties pursuant to the law;
I. controls and supervises procedures, products and substances of interest to health and participates in the production of drugs, equipment, immunobiological products, hemoproducts, and other inputs;
II. carries out sanitary and epidemiological supervision actions and those concerning the health of workers;
III. organizes the training of human resources in the health area;
IV. participates in the formulation of the policy and execution of action of basic sanitation;
V. fosters scientific and technological development in its sphere of action;
VI. inspects and supervises foodstuffs and controls their nutritional contents, as well drinks and water for human consumption;
VII. participates in the control and inspection of production, transportation, storage, and use of psychoactive, toxic, and radioactive substance and products;
VIII. cooperates in the preservation of the environment, including that of the work place.
Article 201 [Social Security Plans](0) The social security system is organized as a general scheme, of a contributory basis and mandatory participation, with due regard for criteria that preserve financial and actuarial balance, and provides for, in accordance with the law:
I. coverage for the events of illness, disability, death, and old age;
II. protection to maternity, especially to pregnant women;
III. protection to workers in a situation of involuntary unemployment;
IV. family allowance and confinement allowance for the dependents of the low-income insured;
V. pension for death of the insured, man or woman, to the spouse or companion, and dependents, complying with the provision of paragraph (2).
(1) The adoption of differentiated requirements and criteria for the granting of retirement to the beneficiaries of the general social security scheme is forbidden, with the exception of the cases, as defined by a supplementary law, of activities carried out under special conditions which are harmful to health or to physical whole- ness, and of cases in which the insured are persons with disabilities.
(2) No benefit that replaces the contribution salary or labor earnings of the insured has a monthly amount lower than the minimum monthly wage.
(3) All contribution salaries included in the calculation of the benefit are duly updated, under the terms of the law.
(4) Readjustment of the benefits is ensured, to the end that their real value is permanently maintained, in accordance with criteria defined by law.
(5) Participation in the general social security scheme, in the quality of an optional insured, is forbidden for a person who participates in a special social security scheme.
(6) The Christmas bonus for retirees and pensioners is based on the amount of the earnings in the month of December of each year.
(7) Retirement is ensured under the general social security scheme, in accordance with the law, upon compliance with the following conditions:
I. thirty-five years of contribution, if a man, and thirty years of contribution, if a woman;
II. sixty-five years of age, if a man, and sixty years, if a woman, this age limit being reduced by five years for rural workers of both sexes and for those who exercise their activities within a household system, therein included rural producers, placer miners, and self-employed fishermen.
(8) The requirements referred to in item I of the preceding paragraph will be reduced by five years, for teachers who document exclusively a period of effective exercise of teaching functions in children education and in elementary and secondary education.
(9) For purposes of retirement, the reciprocal computation of the period of contribution in government bodies and in private activity, either rural or urban, is ensured, in which case the various social security schemes offset each other financially, in accordance with criteria established by law.
(10) The law regulates the coverage of employment-injury risks, and such coverage is provided both by the general social security scheme and the private sector.
(11) The amounts habitually earned by an employee, on any account, are incorporated into his monthly salary for purposes of social security contribution and the resulting effects on benefits, in the cases and in the manner provided by law.
(12) The law provides for a special system to include low-income workers in the social security system, as well as to include no-income persons who are engaged exclusively in household chores within their own homes, provided that they belong to low-income families, so that they have guaranteed access to benefits at an amount equal to one monthly minimum salary.
(13) The rates and grace periods of the special system of inclusion in the social security system referred to in paragraph (12) of this article are lower than those in effect for other insured participants of the general social security scheme.
Article 202 [Retirement, Welfare benefit](0) The private social security scheme, of a complementary nature and organized on an autonomous basis as regards the general social security scheme, is optional, based on the formation of reserves which guarantee the contracted benefit, and regulated by a supplementary law.
(1) The supplementary law referred to in this article ensures that the participant in benefit plans of private pension plan companies is provided with full access to information regarding the management of their respective plans.
(2) The contributions of employers, the benefits, and the terms of contracts set forth in the bylaws, regulations, and benefit plans of the private pension plan companies are neither an integral part of the employment contract of participants, nor, with the exception of the benefits granted, an integral part of the remuneration of participants, under the terms of the law.
(3) The Union, the States, the Federal District, and the Municipalities, their associate government agencies, foundations, public enterprises, joint stock companies, and other public entities are forbidden to contribute funds to private pension plan companies, save in the quality of sponsors, in which case their standard contribution may not, under any circumstances, exceed that of the insured.
(4) A supplementary law regulates the relationship between the Union, the States, the Federal District, or the Municipalities, including their associate government agencies, foundations, joint stock companies, and enterprises controlled either directly or indirectly, in the quality of sponsors of closed private pension plan companies, and their respective closed private pension plan companies.
(5) The supplementary law referred to in the preceding paragraph applies, insofar as pertinent, to private companies holding a permission or concession to render public services, when such companies sponsor closed private pension plan companies.
(6) The supplementary law referred to in (4) establishes the requirements for the appointment of board members of the closed private pension plan companies, and regulates the inclusion of participants in the collegiate bodies and decision-making bodies in which their interests are subject to discussion and decision.
Article 203 [Social Assistance]Social assistance is rendered to whomever may need it, regardless of contribution to social security, and has the following objectives:
I. to protect the family, maternity, childhood, adolescence, and old age;
II. to assist needy children and adolescents;
III. to promote integration into the employment market;
IV. to habilitate and rehabilitate the handicapped and provide for their integration into the community;
V. to guarantee a monthly benefit of one minimum wage to the handicapped and the elderly who prove that they are incapable of providing for their own support or to have their family provide for their support, as established in the law.
Article 204 [Government Action](0) Government action in the area of social assistance is carried out with funds from the social security budget set forth in Article 195, in addition to other sources, and is organized on the basis of the following guidelines:
I. political and administrative decentralization, the coordination and general rules being within the federal sphere, and the coordination and execution of respective programs being with the state and municipal spheres, as well as charity and social assistance entities;
II. participation of the population, by means of class organizations, in the formulation of policies and in the control of actions taken at all levels.
(1) The States and the Federal District may assign up to five tenths per cent of their net tax revenues to programs to support social inclusion and promotion, the utilization of such funds for the payment of the following items being forbidden:
I. personnel expenses and social charges;
II. debt servicing;
III. any other current expense not directly related to the investments or actions supported by said programs.
Article 205 [Education, Duty and Right]Education, which is the right of all persons and the duty of the State and of the family, is promoted and encouraged with the cooperation of society, aiming at full development of the individual, his or her preparation to exercise citizenship, and his or her qualification for work.
Article 206 [Fundamental Principles]Education is provided on the basis of the following principles:
I. equal conditions for access to and remaining in school;
II. freedom to learn, teach, research, and express thoughts, art, and knowledge;
III. pluralism of ideas and of pedagogical concepts and coexistence of public and private teaching institutions;
IV. free public education in official schools;
V. appreciation of the value of school education professionals, guaranteeing, in accordance with the law, career schemes for public school teachers, with admittance exclusively by means of public entrance examinations consisting of tests and presentation of academic and professional credentials;
VI. democratic administration of public education, pursuant to the law;
VII. guarantee of good quality;
VIII. a nationwide professional minimum salary for public school teachers, under the terms of a federal law.
(1) The law provides for the classes of workers to be considered basic education professionals, as well as for the deadline for the preparation or adaptation of their career schemes, within the sphere of the Federal Government, the States, the Federal District, and the Municipalities.
Article 207 [Universities, Autonomy](0) Universities enjoy didactic, scientific, administrative, and financial and equity management autonomy and comply with the principle of indivisibility of teaching, research, and extension.
(1) The universities are permitted to hire foreign professors, technicians and scientists as provided by law.
(2) The provisions of this article apply to scientific and technological research institutions.
Article 208 [State Duty](0) The duty of the State towards education is fulfilled by ensuring the following:
I. mandatory basic education, free of charge, for every individual from the age of 4 (four) through the age of 17 (seventeen), including the assurance of its free offer to all those who did not have access to it at the proper age;
II. progressive universalization of the free high-school education;
III. special classes for the handicapped, preferably in the ordinary school network;
IV. infant education to children of up to 5 (five) years of age in day-care centers and pre-schools;
V. access to higher levels of education, research, and artistic creation according to individual capacity;
VI. provision of regular night courses adequate to the student's conditions;
VII. assistance to students in all grades of basic education, by means of supplementary programs providing school materials, transportation, food, and health care.
(1) Access to compulsory and free education is a subjective public right.
(2) The competent authority is liable for the Government's failure to provide compulsory education or providing it irregularly.
(3) It is incumbent upon the Government to conducts a census of elementary school students, to call them for enrolment and see, jointly with their parents or guardians, that they attend school.
Article 209 [Private enterprises allowed]Teaching is open to private enterprise, provided that the following conditions are met:
I. compliance with the general rules of Brazilian education;
II. authorization and assessment of quality by the Government.
Article 210 [Elementary and Basic Curricula](0) Minimum curricula are established for elementary school in order to ensure a common basic education and respect for national and regional cultural and artistic values.
(1) Religious education is optional and is given during the regular school hours of public elementary schools.
(2) Regular elementary education is given in the Portuguese language, the Indian communities also being ensured the use of their native languages and specific learning procedures.
Article 211 [Education Systems](0) The Republic, the States, the Federal District, and the Municipalities cooperate in the organization of their educational systems.
(1) The Union organizes the federal educational system and that of the Territories, finances the federal public educational institutions and has, in educational matters, a redistributive and supplementary function, so as to guarantee the equalization of the educational opportunities and a minimum standard of quality of education, through technical and financial assistance to the States, the Federal District and the Municipalities.
(2) The Municipalities act on a priority basis in elementary education and in the education of children.
(3) The States and the Federal District act on a priority basis in elementary and secondary education.
(4) In the organization of their educational systems, the Federal Government, the States and Municipalities establish forms of cooperation, so as to guarantee the universalization of the mandatory education.
(5) Public basic education gives priority to regular education.
Article 212 [Budget](0) The Republic each year applies not less than eighteen percent, and the States, the Federal District, and the Municipalities at least twenty-five percent of the tax revenues, including revenues resulting from transfers, in the maintenance and development of education.
(1) The share of tax revenues transferred from the Republic to the States, Federal District, and Municipalities or from the States to the respective Municipalities may not be considered, for purposes of the calculation provided for in this article, as revenues of the government making such transfers.
(2) For purposes of complying with the main provision of this article, the federal, state, and municipal education systems and the funds employed pursuant to Article 213 are taken into consideration.
(3) In the distribution of public funds, priority is given to the providing for the needs of compulsory education, as regards universalization, assurance of quality standards, and equality, as set forth in the national education plan.
(4) The supplementary food and health assistance programs foreseen in Article 208 VII are financed with funds derived from social contributions and other budgetary funds.
(5) Public basic education has, as an additional source of financing, the social contribution for education, a payroll tax levied on companies, as provided by law.
(6) State and municipal quotas of the proceeds from the collection of the social contribution for education are distributed in proportion to the number of students enrolled in basic education in the respective public school systems.
Article 213 [Public Funds](0) Public funds are allocated to public schools, and may be channeled to community, religious, or philanthropic schools, as defined in the law, which:
I. prove that they do not seek a profit and invest their surplus funds in education;
II. ensure that their equity is assigned to another community, philanthropic, or religious school or to the Government in the event they cease their activities.
(1) The funds referred to in this article may be allocated to elementary and secondary school scholarships, pursuant to the law, for those who prove that they do not have sufficient funds, whenever there are not vacancies or regular courses in the public school system of the place where the student lives, the Government being required to invest, on a priority basis, in the expansion of its network in that place.
(2) Research and extension activities at university level may receive financial support from the Government.
Article 214 [National Plan]The law establishes a ten-year national education plan, with a view to organizing the national education system with the cooperation of states and municipalities, as well as to defining implementation directives, objectives, targets, and strategies so as to ensure maintenance and development of teaching, at its various levels, grades, and modalities, by means of integrated federal, state, and municipal government actions leading to:
I. eradication of illiteracy;
II. universalization of school assistance;
III. improvement of teaching quality;
IV. professional training;
V. humanistic, scientific and technological development if Brazil.
VI. stipulation of an amount of public funds to be invested in education as a proportion of the gross domestic product.
Article 215 [Culture, Right to access](0) The State ensures a person full exercise of their cultural rights and access to sources of national culture and supports and encourages the appreciation and diffusion of cultural manifestations.
(1) The State protects manifestations of popular, Indian, and Afro-Brazilian cultures and those of other groups participating in the Brazilian civilization process.
(2) The law rules the determination of highly significant commemorative dates for the various national ethnic segments.
(3) The law establishes the National Culture Plan, in the form of a multiyear plan aimed at the cultural development of the country and the integration of government initiatives to attain the following:
I. protection and appreciation of the value of Brazil's cultural heritage;
II. production, promotion, and diffusion of cultural goods;
III. training of qualified personnel to manage culture in its multiple dimensions;
IV. democratization of access to cultural goods;
V. appreciation of the value of ethnic and regional diversity.
Article 216 [Cultural Heritage](0) The Brazilian cultural heritage consists of assets of material and immaterial nature, considered either individually or as a whole, which bear reference to the identity, action, and memory of the various groups of Brazilian society, which include:
I. forms of expression;
II. forms of creating, doing, and living;
III. scientific, artistic, and technological creations;
IV. works, objects, documents, constructions, and other spaces intended for artistic and cultural manifestations;
V. urban complexes and sites of historical, natural, artistic, archaeological, paleontological, ecological, and scientific value.
(1) The Government, with the community's cooperation, promotes and protects Brazilian cultural heritage by means of inventories, records, surveillance, monument decrees, expropriation, and other forms of precaution and preservation.
(2) It is incumbent upon the Government, pursuant to the law, to take care of governmental documents and to take action to make them available for consultation by whomever may need to do so.
(3) The law establishes incentives for the production and knowledge of cultural assets and values.
(4) Damages and threats to cultural heritage are punished according to the law.
(5) All documents and sites bearing historical reminiscences of the old "quilombos" (hiding place of fugitive black slaves) are preserved as historical assets and monuments.
(6) The States and the Federal District may assign up to five tenths per cent of their net tax revenues to a state fund for the promotion of culture, for the purpose of funding cultural programs and projects, the utilization of such funds for the payment of the following items being forbidden:
I. personnel expenses and social charges;
II. debt servicing;
III. any other current expense not directly related to the investments or actions supported by said programs.
Article 216A [National System of Culture](0) The National System of Culture is organized under a collaboration regime, in a decentralized and participatory manner, and establishes a management process and joint promotion of democratic and permanent cultural public policies, negotiated among members of the Federation and society, aiming to promote human, social and economic development with full exercise of the cultural rights.
(1) The National System of Culture is based on national cultural policy and its guidelines laid out in the national plan of culture, and adheres to the following principles:
I. diversity of cultural expressions;
II. universal access to cultural goods and services;
III. promoting the production, dissemination and circulation of knowledge and cultural goods;
IV. cooperation among federal entities, the acting public and private actors in the cultural area;
V. integration and interaction in implementing policies, programs, projects and actions taken;
VI. complementarity in the roles of cultural players;
VII. mainstreaming of cultural policies;
VIII. autonomy of the federated entities and civil society institutions;
IX. transparency and sharing of information;
X. democratization of decision-making processes with participation and social control;
XI. articulated and agreed decentralization of the management of resources and actions;
XII. progressive enlargement of the resources contained in public budgets for culture.
(2) The aims of the National System of Culture, in their respective spheres of the Federation, are the following:
I. manages organ culture;
II. advises cultural policy;
III. conferences culture;
IV. intergovernmental commissions;
V. cultivation plans;
VI. providing funding to culture;
VII. information systems and cultural indicators;
VIII. training programs in the area of culture, and
IX. sectorial systems of culture.
(3) federal law provides for the regulation of the National Culture System, as well as its relationship to other national systems and sectorial government policies.
(4) The States, the Federal District and the municipalities organize their respective culture systems in their laws.
Article 217 [Sports, Practice, Associations](0) It is the duty of the State to foster the practice of formal and informal sports, as each individual's right, with due regard for:
I. the autonomy of controlling sports entities and associations as to their organization and operation;
II. the allocation of public funds in order to promote, on a priority basis, educational sports and, in specific cases, high-income sports;
III. differentiated treatment for professional and non-professional sports;
IV. the protection and encouragement of national sports events.
(1) The Judiciary only hears legal actions related to sports discipline and competitions after the instances of the sports courts, as regulated by the law, have been exhausted.
(2) The sports court renders final judgment within at most sixty days as from the date of filing of the action.
(3) The Government encourages leisure as a means of social promotion.
Article 218 [Science and Technology](0) The State promotes and encourages scientific development, research, and technological expertise.
(1) Basic scientific research receives preferential treatment from the State, taking into consideration the public good and the progress of science.
(2) Technological research is addressed mainly towards the solution of Brazilian problems and to the development of the national and regional productive system.
(3) The State supports human resources training in the fields of science, research, and technology and affords special working means and conditions to those engaged in such activities.
(4) The law supports and encourages companies which invest in research, in creation of technology appropriate for Brazil, training and improvement of their human resources and which adopt compensation systems which ensure employees a share of the economic earnings resulting from the productivity of their work, apart from their salary.
(5) The States and the Federal District may allocate part of their budgetary revenues to public entities that foster education and scientific and technological research.
Article 219 [Autonomy]The domestic market is part of the national wealth and is encouraged so as to permit cultural and social and economic development, well being of the people and technological autonomy of Brazil, pursuant to a federal law.
Article 220 [Freedom of Communication ways](0) Expression of thought, creation, speech, and information, in any of their forms, processes or media, may not be subject to any restriction, with due regard for the provisions of this Constitution.
(1) No law contains any provision which may represent an impediment to full freedom of press information in any social communication medium, with due regard for the provisions of Article 5 IV, V, X, XII, and XIV.
(2) Any and all censorship of a political, ideological, and artistic nature is forbidden.
(3) Federal law:
I. regulates public entertainments and shows, it being incumbent upon the Government to advise about their nature, the age limits they are not recommended for, and places and times unsuitable for exhibition;
II. determines the legal remedies, which afford individuals and families the possibility of defending themselves against radio and television programs, or schedules which contravene the provisions of Article 221, as well as against publicity of products, practices, and services which may be harmful to the health and environment.
(4) Commercial advertising of tobacco, alcoholic beverages, pesticides, medicines, and therapies is subject to legal restrictions pursuant to Item II of the preceding paragraph and contains, whenever necessary, a warning concerning the damages caused by the use thereof.
(5) Social communication media may not, directly or indirectly, be subject to monopoly or oligopoly.
(6) The publication of printed communication media may not require any official license.
Article 221 [Principles]The production and programming of radio stations and television channels complies with the following principles:
I. preference to educational, artistic, cultural, and information purposes;
II. promotion of national and regional culture and encouragement of any independent production aimed at diffusion thereof;
III. regional characters of cultural, artistic, and journalistic production according to percentages established in the law;
IV. respect for the ethical and social values of the individual and of the family.
Article 222 [Broadcasting](0) Newspaper companies, sound broadcasting companies, or sound and image broadcasting companies, are owned exclusively by native Brazilians or those naturalized for more than ten years, or by legal entities incorporated under Brazilian laws and headquartered in Brazil.
(1) In all circumstances, at least seventy per cent of the total capital stock and of the voting capital of newspaper companies, sound broadcasting companies, or sound and image broadcasting companies, is owned directly or indirectly by native Brazilians or those naturalized for more than ten years, who mandatorily exercise the management of activities and define the content of programming.
(2) Editorial responsibility and the activities regarding selection and management of the programming to be disseminated are carried out exclusively by native Brazilians or those naturalized for more than ten years, in any social communication medium.
(3) Electronic social communication media, regardless of the technology used to de- liver the service, complies with the principles stipulated in article 221, as provided by specific legislation, which also ensure priority to Brazilian professionals in the production of Brazilian programs.
(4) Specific legislation regulates the participation of foreign capital in the companies mentioned in paragraph (1).
(5) Any alterations in the corporate control of the companies mentioned in paragraph (1) must be communicated to the National Congress.
Article 223 [Executive Branch](0) It is incumbent upon the Executive Branch to grant and renew concessions, permissions, and authorization for radio broadcasting and sound and image broadcasting services, with due regard for the principle of supplementation of private, public and state systems.
(1) Congress examines such act within the time limit set forth in Article 64 (2) and (4) as from the date of receipt of the message.
(2) Non-renewal of a concession or permission depends upon approval by at least two fifths of Congress in an open ballot.
(3) The act of granting or renewal is only legally effective after approval by Congress pursuant to the preceding paragraphs.
(4) Cancellation of a concession or permission prior to its expiry date depends upon a court decision.
(5) The term of a concession or permission is ten years for radio stations and fifteen years for television channels,
Article 224 [Agency]For the purposes of the provisions contained in this chapter, Congress institutes, as its ancillary agency, the Social Communication Council pursuant to the law.
Article 225 [Environment Protection](0) All persons are entitled to an ecologically balanced environment, which is an asset for the people's common use and is essential to healthy life, it being the duty of the Government and of the community to defend and preserve it for present and future generations.
(1) In order to ensure the effectiveness of this right, it is incumbent upon the Government to:
I. preserve and restore essential ecological processes and provide ecological handling of the species and ecosystems;
II. preserve the variety and integrity of Brazil's genetic wealth and supervise entities engaged in research and handling of genetic material;
III. determine, in all units of the Federation, territorial spaces and components that are to receive special protection, any alteration and suppression only being allowed by means of a law, and any use which adversely affects the integrity of the attributes which justify their protection being forbidden;
IV. demand, according to the law, for the installation of works or activities, which may cause significant degradation of the environment, a prior environment impact study, which is made public;
V. control the production, marketing, and use of techniques, methods, and substances that represent a risk to life, to the quality of life, and to the environment;
VI. promote environmental education at all school levels and public awareness of the need to preserve the environment;
VII. protect the fauna and the flora, all practices, which jeopardize their ecological function, cause the extinction of species or subject animals to cruelty being forbidden according to the law.
(2) Those who explore mineral resources are required to restore the degraded environment according to the technical solution required by the proper government agency, according to the law.
(3) Conduct and activities considered harmful to the environment subject the individual or corporate wrongdoers to penal and administrative sanctions, in addition to the obligation to repair the damages caused.
(4) The Brazilian Amazon Forest, the Atlantic Woodlands, the "Serra do Mar", the "Pantanal Mato Grossense" and the Coastline are part of the national wealth, and they are used, according to the law, under conditions which ensure preservation of the environment, including the use of natural resources.
(5) Vacant governmental lands or lands seized by the States through discriminatory actions, which are necessary to protect natural ecosystems, are inalienable.
(6) Power plants operated by nuclear reactor have their location defined in a federal law and may otherwise not be installed.
Article 226 [Family](0) The family, the foundation of society, enjoys special protection from the state.
(1) Marriage is civil and the marriage ceremony is free of charge.
(2) Church marriage has civil effects according to the law.
(3) For purposes of State protection, a stable union between a man and a woman as a family unit is recognized and the law facilitates conversion of such unions into marriage.
(4) The community formed by any parent and his/her descendants is also considered a family unit.
(5) The rights and duties of matrimonial society are exercised equally by men and women.
(6) Civil marriage may be dissolved by divorce.
(7) Based upon the principles of human dignity and responsible parenthood, family planning is a free option of the couple, it being incumbent upon the State to provide educational and scientific resources for the exercise of such right and any coercion on the part of official or private institutions being forbidden.
(8) The State ensures assistance the family in the person of each of its members and creates mechanisms to suppress violence in family relationships.
Article 227 [Children and Teenagers](0) It is the duty of the family, of society, and of the State to ensure children and adolescents, with absolute priority, the right to life, health, food, education, leisure, professional training, culture, dignity, respect, freedom, and family and community life, in addition to safeguarding them against all forms of negligence, discrimination, exploitation, violence, cruelty, and oppression.
(1) The State provides full health assistance programs for children and adolescents, allowing the participation of non-governmental entities and complying with the following precepts:
I. allocation of a percentage of public funds to mother and child health assistance;
II. creation of preventive and specialized care programs for the physically, sensorially, or mentally handicapped, a well as programs for the social integration of the handicapped adolescent by means of training for a profession and communal life, and providing of access to public facilities and services by eliminating prejudices and architectonic obstacles.
(2) The law provides standards for the construction of public sites and buildings and the manufacturing of public transportation vehicles so as to ensure appropriate access to the handicapped.
(3) The right to special protection encompasses the following aspects:
I. minimum age of fourteen years to be admitted to work, with due regard for the provisions of Article 7 XXXIII;
II. guarantee of social security and labor rights;
III. guarantee of access to school for the adolescent worker;
IV. guarantee of full and formal knowledge of the determination of an offense, equal rights in procedural relationships and technical defense by a qualified professional, according to the provisions of specific protection legislation;
V. compliance with the principles of brevity, exceptionality, and respect for the specific condition of developing individuals when applying any measure that restrains freedom;
VI. Government fostering, through legal assistance, tax incentives and subsidies, according to the law, of the protection of orphaned or abandoned children or adolescents through guardianship;
VII. preventive and specialized treatment programs for children and adolescents addicted to narcotics and related drugs.
(4) The law severely punishes abuse, violence, and sexual exploitation of children and adolescents.
(5) Adoption is assisted by the Government, according to the law, which determines the cases and conditions for adoption by foreigners.
(6) Children born inside or outside wedlock or adopted have the same rights and qualifications and any discriminatory designation regarding their parents is forbidden.
(7) In attending to the rights of children and adolescents, the provisions of Article 204 are taken into consideration.
(8) The Law establishes:
I. the status of the youth; in order to regulate the rights of young people
II. a national plan for the youth, with a duration of 10 years, aimed at correlating the different spheres of the government for the implementation of public policies
Article 228 [Liability of minors]Minors under eighteen years of age may not be held criminally liable, subject to the rules of special legislation.
Article 229 [Duty of Parents]It is the duty of parents to assist, raise, and educate their minor children, and it is the duty of children of age to help and assist their parents in old age, need or sickness.
Article 230 [Duty of Society, State, and Family](0) The family, society, and the State have the duty to assists the elderly, ensuring their participation in the community, defending their dignity and well being, and guaranteeing their right to life.
(1) Assistance programs for the elderly are carried out preferable in their homes.
(2) Those over sixty-five years of age are guaranteed free urban public transportation.
Article 231 [Native Populations and Lands](0) Indians have their social organization, customs, languages, creeds, and traditions recognized, as well as their native rights to the lands they traditionally occupy, it being incumbent upon the Republic to demarcate them and protect and ensure respect for all their property.
(1) Lands traditionally occupied by Indians are those on which they live on a permanent basis, those used for their productive activities, those which are indispensable to preserve the environmental resources required for their well being and those necessary for their physical and cultural reproduction, according to their sues, customs, and traditions.
(2) The lands traditionally occupied by Indians are intended for their permanent possession, and they are entitled to exclusive use of the riches of the soil, rivers, and lakes existing thereon.
(3) Hydric resources, including energy potential, may only be exploited and mineral riches in Indians lands may only be prospected and mined with the authorization of Congress, after hearing the communities involved, which are assured of participation in the mining results in accordance with the law.
(4) The lands referred to in this article are inalienable and indisposable and the rights thereto are not subject to the statute of limitations.
(5) It if forbidden to remove Indian groups from their lands except "ad referendum" of Congress, in the event of epidemic which represents a risk for their population or in the interest of Brazilian sovereignty, after resolution by Congress, provided that immediate return as soon as the risk ceases is ensured under all circumstances.
(6) Acts aiming at occupation, domain and possession of the lands referred to in this article, or at exploitation of the natural riches of the soil, rivers, and lakes existing thereon, are null and void and of no legal effect, except in the case of relevant public interest of the Republic, according to a supplemental act; such nullity and voidness may not create a right to indemnity or to sue the Republic, except as to improvements derived from occupation in god faith in accordance with the law.
(7) The provisions of Article 174 (3) and (4) may not apply to Indian lands.
Article 232 [Right of Indians]Indians, their communities, and organizations have standing to sue to defend their rights and interests, the Public Attorney's Office intervening in all the procedural acts.
Article 233 [Duty of Employers]{Revoked}
Article 234 [Forbidden to the Republic]It is forbidden for the Republic to assume, directly or indirectly, as a result of the creation of a State, burdens related to expenses with inactive personnel and with charges and repayments of domestic and foreign debts of the Government, including the indirect administration.
Article 235 [New States special provision]During the first ten years after the creation of a State, the following basic rules are observed:
I. the Legislative Assembly is made up of seventeen Representatives, if the population of the State is less than six hundred thousand inhabitants, and of twenty-four Representatives, if the population is equal to or exceeds that number, up to one million and five hundred thousand inhabitants;
II. the Government may not have more than ten Departments;
III. the Audit Court has three members appointed by the elected Governor from among Brazilians of proven good repute and notorious knowledge;
IV. the Higher Court of Justice has seven judges;
V. the first judges are appointed by the elected Governor, chosen in the following manner:
a) five of them from among judges with more than thirty-five years of age and acting within the new State or of the State, which gave origin to the new States; 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;
b) two of them from among public prosecutors, under the same conditions, and attorneys of proven good repute and legal knowledge with at least ten years of professional practice, complying with the procedure set forth in the Constitution;
VI. in the case of a State that was originally a Federal Territory, the first five judges may be chosen from among law judges from any part of Brazil;
VII. in each Judicial District, the first Judge, the first Public Prosecutor, and the first Public Defender are appointed by the elected Governor after taking a public competitive examination of tests and titles;
VIII. until the enactment of the State Constitution, the offices of State Attorney General, Advocate General, and Defender General are held by lawyers of notorious knowledge, with at least thirty-five years of age, appointed by the elected Governor and removable "ad nutum";
IX. if the new State results from the transformation of a Federal Territory, the transfer of financial charges from the Republic for payment of opting civil servants who belonged to the Federal Administration takes place as follows:
a) in the sixth year after its creation, the State assumes twenty percent of the financial charges in order to pay the civil servants, the remainder continuing as the liability of the Republic;
b) in the seventh year, thirty percent are added to the State's charges and, in the eighth year, the remaining fifty percent;
X. the appointments made after the first appointments for the offices referred to in this article are regulated by the State Constitution;
XI. budgetary personnel expenses may not exceed fifty percent of the State's revenues.
Article 236 [Registration and Notes](0) Notary and registration services are provided by private entities, by Government delegation.
(1) A law regulates the activities, discipline the civil and criminal liability of notaries, or registrars and of their agents, and defines the supervision of their acts by the Judiciary.
(2) A federal law establishes the general rules for fixing the fees for the acts performed by notary and registration services.
(3) The commissioning of a notary public and registrar depends on a public competitive examination of tests and titles and no office may remain vacant for more than six months without opening a public examination to fill or reallocate such office.
Article 237 [Ministry of Finance, Trade]Supervision and control of foreign trade, which are essential to the defense of national interests, are exercised by the Ministry of Finance.
Article 238 [Supplemental Law, Oil]The law organizes the sale and resale of petroleum-derived fuels, fuel alcohol and other fuels derived from renewable raw materials, respecting the principles of this constitution.
Article 239 [Change of old Acts](0) The revenues from contributions to the Social Integration Program created by Supplemental Act No. 7 of September 7, 1970 and to the Civil Servants Fund created by Supplemental Act No. 8 of December 3, 1970, as from the enactment of this Constitution, as established by the law, fund the unemployment insurance program and the bonus referred to in Paragraph (3) of this article.
(1) At least forty percent of the funds referred to in the main provision of this article are allocated to finance economic development programs, through the National Economic and Social Development Bank, with consideration criteria that preserve their value.
(2) The accrued assets of the Social Integration Program and the Civil Servants Fund are preserved, maintaining the criteria for withdrawal in the situations set forth in specific laws, except for withdrawal by reason of marriage, the distribution of the revenues referred to in the main provision of this article for deposit in the individual accounts of participants being forbidden.
(3) Employees who receive monthly compensation of up to two minimum wages from employers who contribute to the Social Integration Program or to the Civil Servants Fund are ensured annual payment of a minimum wage, which includes the income on the individual accounts, in the case of those who already participated in such programs before the date of enactment of this Constitution.
(4) Funding of the unemployment insurance program receives an additional contribution from any company in which employee turnover exceeds the average turnover rate of the sector, as established in the law.
Article 240 [Exclusion Provision]The present compulsory contribution by employers on the payroll, which are intended for private social service and professional training entities linked to the labor union system, are excluded from the provisions of Article 195.
Article 241 [Cooperation Agreements]The Union, the States, the Federal District, and the Municipalities issue legislation to regulate public syndicates and cooperation agreements between members of the Federation, authorizing the joint management of public services, as well as the transfer, in whole or in part, of charges, services, personnel, and goods essential to the continued rendering of the services transferred.
Article 242 [Education Provisions](0) The principle or Article 206 IV does not apply to official educational institutions created by state or municipal law and in existence on the date of enactment of this Constitution and which are not totally or preponderantly maintained with public funds.
(1) The teaching of Brazilian History takes into account the contribution of the different cultures and ethnic groups to the formation of the Brazilian people.
(2) The "Pedro II School" located in the city of Rio de Janeiro, is maintained in the federal sphere.
Article 243 [Drug plantations expropriation](0) Land areas in any region of Brazil where illegal plantations of psychotropic plants are found are expropriated immediately and used specifically for the settlement of tenant farmers and for the plantation of food and medicinal products, with no indemnity to the owner and without prejudice to other sanctions set forth in the law.
(1) Any and all good of economic value seized as a result of illegal traffic of narcotics and similar drugs is confiscated and reverted to the benefit of institutions and persons specialized in the treatment and recovery of addicts and in equipping and funding activities of supervision, control, prevention, and repression of drug traffic crime.
Article 244 [Transportation]The law provides on the adaptation of public sites and buildings and of existing public transportation vehicles, in order to ensure adequate access to the handicapped, pursuant to the provisions of Article 227 (2).
Article 245 [International Crimes]The law provides for the circumstances and conditions under which the Government gives assistance to the needy heirs and dependents of victims of intentional crimes, without prejudice to the civil liability of the perpetrator of the offense.
Article 246 [Prohibition of Provisional Measures]The adoption of a provisional measure for the regulation of any article of the Constitution the wording of which has been altered by means of an amendment enacted between January 1, 1995 and the date of enactment of this amendment are forbidden.
Article 247 [Loss of office of a tenured public employee](0) The laws provided for in article 41 (1) III, and in article 169 (7), establish special criteria and guarantees for the loss of office of a tenured public employee who, by virtue of the duties of his effective post, performs exclusive activities of State.
(1) In the event of insufficient performance, the loss of office only takes place by means of an administrative proceeding in which the adversary system and ample defense are ensured.
Article 248 [Payment of benefits]The benefits paid, under any auspices, by the agency in charge of the general social security scheme, even if they are financed by the National Treasury, and those benefits not subject to the maximum amount stipulated for benefits granted by such scheme comply with the limits set forth in article 37 XI.
Article 249 [Funds for the payment of retirement pensions]For the purpose of securing monies for the payment of retirement pensions and other pensions granted to their respective employees and their dependents, in addition to the monies of their respective treasuries, the Union, the States, the Federal District, and the Municipalities may establish funds, made up of monies arising from contributions, and of property, rights, and assets of any kind, by means of a law that provides for the nature and the management of such funds.
Article 250 [Fund for the payment of benefits]For the purpose of securing monies for the payment of benefits granted by the general social security scheme, in addition to the monies arising from taxation, the Union may establish a fund made up of property, rights, and assets of any kind, by means of a law that provides for the nature and the management of such a fund.
For methodology see:
Comparing Constitutions and International Constitutional Law.
©
1994 - 27.6.2020
/ For corrections please contact
A. Tschentscher.