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Brazil ۲





Chapter III

Judiciary Branch

Section I

General Provisions

Article ۹۲: Bodies

The following are bodies of the Judiciary Branch:

I. The Federal Supreme Court the Superior Court of Justice;

II. the Federal Regional Courts and Federal Judges;

III. the Labor Courts and Labor Judges;

IV. the Electoral Courts and Electoral Judges;

V. the Military Courts and Military Judges;

VI. the Courts and Judges of the States and of the Federal District and of the Territories.

۱. the Federal Supreme Court and the Superior Courts have their seat in the Federal Capital and jurisdiction over the entire national territory.

Article ۹۳: Statute of Judicature

A supplemental law proposed by the Federal Supreme Court shall provide for the bylaws of the Judicature, observing the following principles:

I. admission into the career, with the initial office of alternate judge, through a public competitive examination of tests and titles, with the participation of the Brazilian Bar in all of its phases, and adopting the order of classification for appointments;

II. promotion from level to level, alternately through seniority and merit, observing the following rules:

a. promotion is mandatory for a judge who has appeared for three consecutive times or five alternative times in a merit list;

b. merit promotion presupposes two years in office in the respective level, and that the judge appears in the top fifth part of the seniority list of such level, unless no one satisfying such requirements is willing to accept the vacancy;

c. evaluation of merit according to criteria of promptness and reliability in administering justice and performance in recognized extension courses;

d. in determining seniority, the court may only refuse the most senior judge by the vote of two thirds of its members, according to a specific procedure, the ballot being repeated until the appointment is determined.

III. access to the courts of second instance are based on seniority and merit, alternately, determined at the last level or, if existing, at the Court of Appeals of Limited Jurisdiction, in the case of promotion to the Court of Appeals, in accordance with Item II and to the candidate"s group of origin;

IV. establishment of official courses for preparation and improvement of judges as requisites for admission and promotion in their careers;

V. the compensation of judges are established with a difference of not more than ten per cent from one to another career category, and under no circumstances may such compensation exceed that of the Justices of the Federal Supreme Court;

VI. retirement with full pay is compulsory upon disability or at seventy years of age, and optional upon thirty years of service, after five years of actual activity as a judge;

VII. a permanent judge resides in the respective judicial district;

VIII. acts of removal, of suspension from office and of retirement of a judge, for public interest, are based on a decision adopted by the vote of two thirds of the respective court, ensuring ample defense;

IX. all judgements of bodies of the Judiciary Branch are public, and all decisions must be substantiated, under penalty of being null, and the law may, if the public interest so requires, limit attendance in given acts to only the interested parties and their attorneys, or only to the latter;

X. administrative decisions of the courts shall present a justification, and disciplinary decisions shall be adopted by an absolute majority of their members;

XI. in courts with more than twenty-five judges, a special body may be organized with a minimum of eleven and a maximum of twenty-five members, for the purpose of exercising the administrative and jurisdictional duties which are the responsibility of the full court.

Article ۹۴: Composition of some Courts

One fifth of the seats on the Federal Regional Courts, of the Courts of Appeals of the States and of the Federal District and Territories are formed by members of the Attorney General"s Office with over ten years of service, and by lawyers of notorious legal knowledge and unblemished reputation, with over ten years of actual professional activity, indicated in a list of six names by the entities which represent the respective groups.

۱. Upon receipt of the indications, the court sets up a list of three names and sends it to the Executive, which within the subsequent twenty days chooses one of the listed names for appointment.

Article ۹۵: Guarantees of the Judges

۰. Judges enjoy the following guarantees:

I. life tenure, which, at first instance, shall only be acquired after two years in office and, during this period, loss of office is determined by the court to which they belong and, in other cases, by a final and unappealable court decision;

II. irremovability, except by reason of public interest, according to Article ۹۳ VIII;

III. irreducibility of earnings, with due regard, with respect to compensation, for the provisions of Articles ۳۷ XI, ۱۵۰ II, ۱۵۳ III, and ۱۵۳ (۲). I.

۱. Judges are forbidden to:

I. hold, even when suspended from office, any other office or position, except for a teaching position;

II. receive, on any account or for any reason, court costs or participation in a lawsuit;

III. engage in political party activities.

Article ۹۶: Incumbencies

۰. It is incumbent exclusively upon:

I. the Courts of Appeals:

a. to elect their directive bodies and prepare their internal regulations following the rules of procedure and the procedural guarantees of the parties, establishing the jurisdiction and operation of the respective jurisdictional and administrative bodies;

b. to organize their secretariats and ancillary services and those of the courts connected with them, ensuring performance of the respective inspection activities;

c. to fill, in the manner set forth in this Constitution, offices of career judges within their respective jurisdiction;

d. to propose the creation of new courts of first instance;

e. to fill by means of public competitive examination of tests, or of tests and titles, with due regard for the provisions of Article ۱۶۹ ۱., the offices required for the administration of Justice, with the exception of positions of trust as defined by law;

f. to grant leave, vacations, and other absences to their members and to the judges and employees who are immediately subordinated to them;

II. the Federal Supreme Court, the Superior Courts, and the Courts of Appeals, to propose to the respective Legislative Branch, with due regard for the provisions of Article ۱۶۹:

a. alteration in the number of members of lower courts;

b. creation and extinction of offices and establishment of the compensation of their members, of the judges, including those of the lower courts, if any, of the ancillary services, and of the courts subordinated to them;

c. creation or extinction of lower courts,

d. alteration of the judiciary organization and division;

III. the Courts of Appeals to try judges of the States, of the Federal District and of the Territories, as well as the members of the Attorney General"s Office, for common crimes and criminal malversion, except in those cases coming under the jurisdiction of the Electoral Courts.

Article ۹۷: Unconstitutionality

The courts may declare the unconstitutionality of a law or of a normative act of the Government only by an absolute majority of their members or of the members of the respective special body.

Article ۹۸: Territories and Federal District

The Republic, in the Federal District and in the Territories, and the States, shall create:

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.

Article ۹۹: Full Autonomy

۰. The Judiciary Branch is assured of administrative and financial autonomy.

۱. The courts draw up their budget proposals, within the limits stipulated jointly with the other Branches in the budget directives law.

۲. The proposal shall, after hearing the other interested courts, be forwarded:

I. at Federal level, by the Chief Justices of the Federal Supreme Court and of the Superior Courts, with the approval of the respective courts;

II. at State level, as well as the level of the Federal District and Territories, by the Chief Justices of the Courts of Appeals, with the approval of the respective courts.

Article ۱۰۰: Special Payments

۰. Except for alimony credits, payments owed by the Federal, State or Municipal Treasuries by virtue of a court decision is made exclusively in chronological order of submission of the judicial requests and on account of the respective credits, it being forbidden to designate cases or persons in budget appropriations and in additional credits opened for such purpose.

۱. It is compulsory for the budget of public entities to include the funds required for the payment of their debts as shown on the judicial requests submitted on or before July ۱st, on which date their values are adjusted, and payment is made until the end of the following fiscal year.

۲. The budgetary appropriations and the credits opened are allotted to the Judiciary, and the respective amounts are paid to the appropriate department. It shall be incumbent upon the Chairman of the Court which rendered the decision to determine payment according to the amount of the deposit, and to authorize, at the creditor"s request and exclusively in the event that his right of precedence is not respected, seizure of the amount required to satisfy the debt.

Section II

Federal Supreme Court

Article ۱۰۱: Composition, Nomination

۰. The Federal Supreme Court is formed by eleven Justices, chosen among citizens over thirty-five years and under sixty-five years of age, with notorious legal knowledge and unblemished reputation.

۱. The Justices of the Federal Supreme Court shall be appointed by the President of the Republic, after the choice is approved by the absolute majority of the Federal Senate.

Article ۱۰۲: Functions, Constitutional Court

۰. The Federal Supreme Court is responsible, mainly, for safeguarding the Constitution and it is incumbent upon it:

I. to process and adjudicate, originally:

a. direct actions of unconstitutionality of a federal or state law or normative act, and declaratory actions of constitutionality of a federal law or normative act;

b. in common criminal offenses, the President of the Republic, the Vice President, the members of Congress, its own Justices and the Attorney General of the Republic;

c. in common criminal offenses and criminal malversion, the Ministers of State, excepting the provisions of Article ۵۲ I, the members of the Superior Courts, those of the Federal Audit Court and the heads of permanent diplomatic missions;

d. habeas corpus when the petitioner is any one of the persons referred to in the preceding subsections; writs of mandamus and habeas data against acts of the President of the Republic, of the Presiding Boards of the House of Representatives and of the Federal Senate, of the Audit Tribunal of the 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. homologation of foreign court decisions and the granting of exequatur to letters rogatory, which may be conferred by its internal regulations upon its President;

i. habeas corpus, when the constraining party or the petitioner is a court, authority or employee whose acts are directly subject to the jurisdiction of the Federal Supreme Court, or in the case of a crime subject to the same jurisdiction in one sole instance;

j. criminal review of and rescissory action for its decisions;

k. claims for the preservation of its jurisdiction and guarantee of the authority of it"s decisions;

l. enforcement of a court decision in a case for which it has original jurisdiction, the delegation of authority to perform procedural acts being allowed;

m. suits in which all members of the courts are directly or indirectly involved, and suits in which more than half of the members of the court of origin are impaired or have a direct or indirect interest;

n. conflicts of jurisdiction between the Superior Court of Justice and any other courts, between Superior Courts, or between the latter and any other court;

o. requests for a writ of prevention in direct actions of unconstitutionality;

p. writs of injunction, when preparation of the regulation is the responsibility of the President of the Republic, of Congress, of the House of Representatives, of the Federal Senate, of the Presiding Boards of one of these Legislative Chambers, of the Audit Tribunal of the Union, of one of the Superior Courts, or of the Federal Supreme Court itself;

II. to adjudicate, at ordinary appeal level: a. habeas corpus, writs of mandamus, habeas data and writs of injunction decided in a sole instance by the Superior Courts, in the event of a denial; b. political crimes;

III. to adjudicate, at extraordinary appeal level, cases decided in a sole or last instance, when the appealed decision:

a. is contrary to a provision of this Constitution;

b. declares the unconstitutionality of a treaty or a federal law;

c. considers valid a law or an act of a local government contested under this Constitution.

۱. A claim of non-compliance with a fundamental precept deriving from this Constitution shall be examined by the Supreme Federal Court, under the terms of the law.

۲. Final decisions on merits, pronounced by the Supreme Federal Court, in declaratory actions of constitutionality of a federal law or normative act, shall have force against all, as well as a binding effect, as regards the other bodies of the Judicial Power, as well as the Executive Power.

Article ۱۰۳: Unconstitutional Acts Cassation

۰. Unconstitutionality action may be instituted by:

I. the President of the Republic;

II. the Presiding Board of the Federal Senate;

III. the Presiding Board of the House of Representatives;

IV. the Presiding Board of a State Legislative Assembly;

V. a State Governor;

VI. the Attorney General of the Republic;

VII. the Federal Council of the Brazilian Order of Lawyers;

VIII. a political party represented in Congress;

IX. a confederation of labor unions or a national class entity.

۱. The Attorney General of the Republic shall first be heard in unconstitutionality actions and in all suits coming under the jurisdiction of the Federal Supreme Court.

۲. Upon declaration of unconstitutionality through lack of procedures to make a constitutional provision effective, the appropriate Branch is notified to adopt the necessary action and, in the case of an administrative body, to do so within thirty days.

۳. When the Federal Supreme Court examines the theoretical unconstitutionality of a legal provision or normative act, it shall first summon the Advocate General of the Republic, who shall defend the challenged act or text.

۴. A declaratory action of constitutionality may be filed by the President of the Republic, the Directing Board of the Federal Senate, the Directing Board of the Chamber of Deputies or by the Attorney-General of the Republic.

Section III

Superior Court of Justice

Article ۱۰۴: Composition, Nomination

۰. The Superior Court of Justice is formed by at least thirty-three Justices.

۱. The Justices of the Superior Court of Justice are appointed by the President of the Republic, selected among Brazilians over thirty-five and under sixty-five years of age, and of notorious legal knowledge and unblemished reputation, after approval of the choice by the Federal Senate, of which:

I. one third among the judges of the Federal Regional Courts, and one third among the judges of the Courts of Appeals, indicated in a list of three names drawn up by the Court itself;

II. one third, in equal parts, among lawyers and members of the Attorney General"s Office of the Republic, of the States, of the Federal District and of the Territories, alternately, indicated as set forth in Article ۹۴.

Article ۱۰۵: Functions of the Court

۰. It is incumbent upon the Superior Court of Justice:

I. to process and adjudicate, originally:

a. in common crimes, the Governors of the States, and of the Federal District and, in common crimes and criminal malversion, the justices of the Courts of Appeals of the States and of the Federal District, the members of the Audit Courts of the States and of the Federal District, those of the Federal Regional Courts, of the Regional Electoral and Labor Courts, the members of Audit Courts or Councils of the Municipalities, and the members of the Attorney General"s Office of the Republic, who act before courts;

b. writs of mandamus and habeas data against an act of a Minister of State or of the Court itself;

c. habeas corpus, when the constraining party or the petitioner is any of the persons mentioned in Subsection (a), or when the constraining party is a Minister of State, except for the jurisdiction of the Electoral Courts;

d. conflicts of jurisdiction between any courts, except for the provisions of Article ۱۰۲ I (o), as well as between a court and judges not subordinated to it, and between judges subordinated to different courts;

e. criminal reviews of and the rescissory actions for its decisions;

f. claims for the preservation of its jurisdiction and guarantee of the authority of its decisions;

g. conflicts of authority between administrative and judicial authorities of the Republic, or between judicial authorities of one State and administrative authorities of another State or of the Federal District, or between those of the latter and those of the Republic;

h. writs of injunction, when the preparation of the regulation is the responsibility of a federal body, entity or authority, of direct or indirect administration, with the exception of cases coming under the jurisdiction of the Federal Supreme Court and of the bodies of the Military Courts, or the Electoral Courts, of the Labor Courts and of the Federal Courts;

II. to adjudicate, at ordinary appeal level:

a. habeas corpus decided in a sole instance or last instance by the Federal Regional Courts or by the courts of the States, of the Federal District and Territories, when the decision denies it;

b. writs of mandamus decided in a sole instance by the Federal Regional Courts or by the courts of the States, of the Federal District and of the Territories, when the decision denies it;

c. cases in which the parties are a foreign State or an international organization on the one part, and a Municipality or a person resident or domiciled in Brazil on the other part;

III. to adjudicate, at special appeal level, cases decided, in a sole instance or last instance, by the Federal Regional Courts or by the courts of the States, of the Federal District and Territories, when the appealed decision:

a. is contrary to a treaty or federal law or denies the effectiveness thereof;

b. considers valid a law or act of a local government, contested in view of a federal law;

c. confers upon a federal law an interpretation different from that which has been conferred upon it by another court.

۱. A Council of Federal Justice operates together with the Superior Court of Justice, and it shall, as set forth in the law, exercise administrative and budgetary supervision over the Federal Courts of first and second instances.

Section IV

Federal Regional Courts and Federal Judges

Article ۱۰۶: Federal Courts in the States

The following are bodies of the Federal Courts:

I. the Federal Regional Courts;

II. the Federal Judges; s

Article ۱۰۷: Composition, Nomination, Seat

۰. 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 Attorney General"s Office, with more than ten years of service;

II. the others, through promotion of federal judges with over five years of service, based on seniority and merit, alternately.

۱. ۱. A law regulates the removal or exchange of Federal Regional Court judges and determines their jurisdiction and seat.

Article ۱۰۸: Functions of Federal Regional Court It is incumbent upon the Federal Regional Courts to:

I. process and adjudicate, originally:

a. federal judges of the area of their jurisdiction, including those of the Military Courts and of the Labor Courts, in common crimes and in criminal malversion, and the members of the Federal Attorney General"s Office, except for the jurisdiction of the Electoral Courts;

b. criminal review of and the rescissory action for their decisions or those of the federal judges of the region; c. writs of mandamus and habeas data against an act of the Court itself or of a federal judge; d. habeas corpus, when the constraining authority is a federal judge; e. conflicts of jurisdiction between federal judges subordinated to the Court;

II. adjudicate at appeal level, cases decided by federal judges and by state judges exercising federal authority in the area of their jurisdiction.

Article ۱۰۹: Federal Judges" Functions

۰. It is incumbent upon the federal judges to process and adjudicate:

I. cases in which the Republic, an autonomous government entity or a federal public company have an interest as plaintiffs, defendants, assistants or opponents, except for those relating to bankruptcy, to labor accidents and those subject to the Electoral Courts and the Labor Courts;

II. cases between a foreign State or international organization and a Municipality or a person domiciled or resident in Brazil;

III. cases based on a treaty or a contract of the Republic with a foreign State or international organization;

IV. political crimes and criminal offenses against property, services or interests of the Republic or of its autonomous government entities or public companies, excluding misdemeanour and excepting the jurisdiction of Military Courts and Electoral Courts;

V. 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;

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 executor, and of foreign court decision after homologation, cases referring to nationality, including the respective options, and to naturalization;

XI. disputes over the rights of Indians.

۱. Cases in which the Republic is the plaintiff are instituted in the judicial section where the other party is domiciled.

۲. Cases filed against the Republic may be instituted in the judicial section in which the plaintiff is domiciled, in what where the act or fact given rise to the suit took place, or where the item is located, or, further, in the Federal District.

۳. Cases in which the parties are a social security institution and its beneficiary shall be processed and adjudicated in the state Courts, in the forum domicile of the beneficiary, whenever the judicial district is not the seat of a federal court; in such a situation, the law may permit other cases to be processed and adjudicated in the state Courts.

۴. In the event of the preceding paragraph, the proper appeal shall always lie with the Federal Regional Court in the jurisdictional area of the judge of first instance.

Article ۱۱۰: Regional Courts

۰. Each State, as well as the Federal District, is a judicial section, which has its seat in the respective Capital, and courts located as set forth in the law.

۱. In the Federal Territories, the jurisdiction and duties vested in the federal judges are incumbent upon the judges of the local courts, according to the law.

Section V

Labor Courts and Labor Judges

Article ۱۱۱: Labour Justice

۰. The following are bodies of the Labor Courts:

I. the Superior Court of Labor;

II. the Regional Labor Courts;

III. III. the Conciliation and Judgement Commission.

۱. The Superior Labor Court is formed by twenty-seven Justices, chosen among Brazilians over thirty-five years and under sixty-five ears of age, appointed by the President of the Republic after approval by the Federal Senate, of which:

I. seventeen qualified judges with life tenure, out of which eleven chosen among career labor judges, three among lawyers and three among members of the Labor Attorney General"s Office;

II. ten temporary group judges, with equal representation of workers and employers.

۲. The Court forwards to the President of the Republic lists with three names, with due regard, for the vacancies intended for lawyer and for members of the Attorney General"s Office, for the provision of Article ۹۴, and, for the temporary group judges, for the result of indication by an electoral college formed by the boards of directors of the national confederations of workers or employers, as the case may be; the list of three names for filling the office intended for career labor judges shall be prepared by life tenured qualified Justices.

۳. The jurisdiction of the Superior Labor Court is established by law.

Article ۱۱۲: Regional Labour Court

There has to be at least one Regional Labor Court in each State and in the Federal District, and the law institutes the Conciliation and Judgement Commissions. In those counties in which they are not instituted, the law may ascribe their jurisdiction to the court judges.

Article ۱۱۳: Group Judges

The law provides for the constitution, investiture, jurisdiction, authority, guarantees, and conditions for performance of the bodies of the Labor Courts, ensuring equal representation of workers and employers.

Article ۱۱۴: Labor Courts

۰. It is incumbent upon the Labor Courts to conciliate and adjudicate individual and collective labor disputes between workers and employers, including foreign public entities and those of the direct and indirect public administration of the Municipalities, of the Federal District, of the States and of the Republic and, according to the law, other controversies resulting from labor relationships, as well as litigation which originates from compliance with their own decisions, including those of a collective nature.

۱. If collective negotiations are unsuccessful, the parties may elect arbitrators.

۲. If any of the parts refuses negotiation or arbitration, the respective unions and syndicates may institute collective bargaining proceedings, and the Labor Courts may establish rules and conditions respecting the minimum conventional and legal provisions for the protection of labor.

Article ۱۱۵: Composition of Regional Courts

۰. The Regional Labor Court are formed by judges appointed by the President of the Republic, two thirds or which to be life tenured qualified judges and one third of which temporary group judges, observing, with respect to the qualified judges, the proportion established in Article ۱۱۱.

۱. The judges of the Regional Labor Courts shall be:

I. labor judges chosen by promotion, based alternately on seniority and merit;

II. lawyers and members of the Labor Attorney General"s Office, complying with the provisions of Article ۹۲;

III. group judges indicated in lists with three names by the boards of the federations and labor unions with their territorial base in the region.

Article ۱۱۶: Conciliation and Judgement

۰. A Conciliation and Judgement Commission shall be formed by one labor judge, who presides over it, and two temporary group judges representing the workers and the employers.

۱. The temporary group judges of the Conciliation and Judgment Commission are appointed by the President of the Regional Labor Court, according to the law, and one reappointment is permitted.

Article ۱۱۷: Term of Temporary Judges

۰. The term of office of the temporary judges in all instances is three years.

۱. The temporary group judges have alternates.

Section VI

Electoral Courts and Electoral Judges

Article ۱۱۸: Electoral Court Bodies

The following are bodies of the Electoral Courts:

I. the Superior Electoral Court;

II. the Regional Electoral Courts;

III. the Electoral Boards.

Article ۱۱۹: Membership

۰. The Superior Electoral Courts is formed by at least seven members chosen:

I. through election, by secret ballot:

a. three judges among the Justices of the Federal Supreme Court;

b. two judges among the Justices of the Superior Court of Justice;

II. by appointment of the President of the Republic, two judges among six lawyers of notorious legal knowledge and good moral repute, indicated by the Federal Supreme Court.

۱. The Superior Electoral Court shall select its Chief Justice and Deputy Chief Justice from the Justices of the Federal Supreme Court, and the Electoral Inspector General from the Justices of the Superior Court of Justice.

Article ۱۲۰: Regional Courts

۰. There has to be a Regional Electoral Court in the Capital of each State and in the Federal District.

۱. The Regional Electoral Courts is formed:

I. through election, by secret ballot:

a. by two judges among the justices of the Court of Appeals;

b. by two judges, among court judges, chosen by the Court of Appeals;

II. by one judge of the Federal Regional Court with its seat in the Capital of the State or in the Federal District, or, in the absence thereof, by a federal judge chosen in any case by the respective Federal Regional Court;

III. by appointment by the President of the Republic of two judges among six lawyers or notorious legal knowledge and good moral repute, indicated by the Court of Appeals.

۲. The Regional Electoral Court shall elect its Chief Justice and Deputy Chief Justice among the justices.

Article ۱۲۱: Powers, Functions, Organization

۰. A supplement law provides for the organization and jurisdiction of the electoral courts, judges and boards.

۱. The members of the courts, the judges and the members of the electoral boards, while in office and to the extent applicable to them, enjoy full guarantees and are irremovable.

۲. The judges of the electoral courts, save for a justified reason, serve for two years at least and never for more than two consecutive two year periods, and their substitutes are chosen at the same time and through the same procedure, in equal numbers for each category.

۳. The decisions of the Superior Electoral Court are unappealable, with the exception of those which contravene this Constitution and those denying habeas corpus or a writ of mandamus.

۴. Decisions of the Regional Electoral Courts may only be appealed when:

I. they are rendered against an express provision of this Constitution or of a law;

II. there is a divergence in the interpretation of a law among two or more electoral courts;

III. they deal with the ineligibility or issuance of certificates of election in federal or state elections;

IV. they annul certificates of election or decree loss of federal or state elective offices; V. they deny habeas corpus, writs of mandamus, habeas data or writs of injunction.

Section VII

Military Courts and Military Judges

Article ۱۲۲: Bodies

The following are bodies of the Military Courts:

I. the Superior Military Court;

II. II. the Military Courts and Judges instituted by law.

Article ۱۲۳: Superior Military Court

۰. The Superior Military Court is formed by fifteen life tenured Justices appointed by the President of the Republic after approval of their indication by the Federal Senate, three of which among admirals of the Navy, four among generals of the Army, three among generals of the Air Force, all of them in active service and in the highest rank of their career, and five among civilians.

۱. The civilian Justices are chosen by the President of the Republic among Brazilians over thirty-five years of age, of which:

I. three among lawyers of notorious legal knowledge and unblemished conduct, with over ten years of actual professional activity;

II. two, by equal choice, among military judges and members of the Military Attorney General"s Office.

Article ۱۲۴: Functions

۰. It shall be incumbent upon the Military Courts to process and adjudicate the military crimes defined by law.

۱. The law provides for the organization, operation, and jurisdiction of the Military Courts.

Section VIII

Courts and Judges of the States

Article ۱۲۵: Guidelines

۰. The States organize their Courts, observing the principles established in this Constitution.

۱. The jurisdiction of the courts is defined in the Constitution of the State, and the law of judicial organization is the initiative of the Court of Appeals.

۲. It is incumbent upon the States to institute actions of unconstitutionality of state or municipal laws or normative acts in view of the State Constitution, and it is forbidden to ascribe standing to act to only one simple body.

۳. By proposal of the Court of Appeals, a state law may create state Military Courts, which are formed at first instance by the Councils of Justice and at second instance by the Court of Appeals itself or by a Military Court of Appeals in those States in which the state troops are more than twenty thousand members.

۴. It is incumbent upon the state Military Courts to process and try members of the state troops and of the military fire brigade for the military crimes defined by law, and it is incumbent upon the appropriate court to decide on the loss of post and rank of officers and of the grade of servicemen.

Article ۱۲۶: Rural Propriety Deputies

۰. For resolving conflicts relating to rural property, the Court of Appeals designates special level judges with exclusive jurisdiction for agrarian matters.

۱. ۱. Whenever required for efficient jurisdictional service, the judges go personally to the site of the conflict.

Chapter IV Functions Essential to Justice

Section I

Attorney General"s Office

Article ۱۲۷: Attorney General"s Office

۰. The Attorney General"s Office is a permanent institution, essential to the jurisdiction function of the State, and it is incumbent upon it to defend the juridical order, the democratic regime and indisposable social and individual interests.

۱. Unity, indivisibility, and functions independence are institutional principles of the Attorney General"s Office.

۲. The Attorney General"s Office is assured of functional and administrative autonomy, and it may, with due regard for the provisions of Article ۱۶۹, propose to the Legislative the creation and extinction of its offices and ancillary services, filling them through a public competitive examination of tests or of tests and titles; the law shall provide for its organization and operation.

۳. The Attorney General"s Office draws up its budgetary proposal within the limits established in the budget directives law.

Article ۱۲۸: Composition

۰. The Attorney General"s Office includes:

I. the Attorney General"s Office of the Republic, which comprises:

a. the Federal Attorney General"s Office;

b. the Labor Attorney General"s Office;

c. the Military Attorney General"s Office";

d. the Attorney General"s Office of the Federal District and of the Territories;

II. the Attorney General"s Offices of the States.

۱. The head of the Attorney General"s Office of the Republic is the Attorney General of the Republic, appointed by the President of the Republic among career members over thirty-five years of age, after approval of his name by an absolute majority of the members of the Federal Senate, for a term of office of two years, re-appointment being permitted.

۲. Removal of the Attorney General of the Republic from office, on the initiative of the President of the Republic, is subject to prior authorization by an absolute majority of the Federal Senate.

۳. The Attorney General"s Office of the State and of the Federal District and of the Territories form a list of three names from career members, as set forth in the respective law, for the choice of their Attorney General, who is appointed by the Head of the Executive Branch for a term of office of two years, re-appointment being permitted.

۴. The Attorneys General of the States and of the Federal District and the Territories may be removed from office by a resolution of an absolute majority of the Legislative Branch, as set forth in the respective supplement law.

۵. Supplement laws of the Republic and of the States, which may be proposed by the respective Attorney General, shall establish the organization, the duties, and the bylaws of each Attorney General"s Office, observing, as regards their members:

I. the following guarantees:

a. life tenure, after two years in office, and loss of office only by a final and unappealable court decision;

b. irremovability, except by reason of public interest, through a decision of the appropriate collegiate body of the Attorney General"s Office, by the vote of two thirds of its members, ensuring ample defense;

c. irreducibility of earnings, observing, with respect to compensation, the provisions of Articles ۳۷ XI, ۱۵۰ II, ۱۵۳ III, ۱۵۳ (۲). I;

II. the following prohibitions:

a. receiving, on any account and under any pretence, fees, percentages or court costs;

b. 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. carrying out political party activities, save for the exceptions set forth in the law.

Article ۱۲۹: Functions

۰. The following are institutional functions of the Attorney General"s Office;

I. to institute, with exclusivity, public criminal action, as set forth in the law;

II. to ensure effective respect by the Government Branches and by the services of public relevance for the rights ensured under this Constitution, taking the action required to guarantee such rights;

III. to institute civil investigation and public civil action to protect public and social property, the environment, and other

IV. diffuse and collective interests;

V. 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;

VI. to defend in court the rights and interest of the Indian populations;

VII. to issue notices in administrative procedures under its jurisdiction, requesting information and documents to support same according to the respective supplemental law;

VIII. to exercise external control over police activities, according to the supplemental law mentioned in the preceding article;

IX. to request investigation procedures and the institution of police investigations, indicating the legal grounds of its procedural acts;

X. 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.

۱. The standing of the Attorney General"s Office to institute the civil actions set forth in this article does not preclude the standing of third parties in the same cases, according to the provisions of this Constituting and of the law.

۲. The functions of the Attorney General"s Office may only be performed by career members, who must reside in the judicial district of their respective assignment.

۳. Admission into the career take place by means of a public competitive examination of tests and titles, ensuring participation of the Brazilian Bar in such examination and observing, for appointment, the order of classification.

۴. The provisions of Article ۹۳ II and VI apply to the Attorney General"s Office, where appropriate.

Article ۱۳۰: Application for Audit Courts

The provisions of this section regarding rights, prohibitions, and form of investiture apply to members of the Attorney General"s Office before the Audit Courts.

Section II

Advocacy General of the Republic

Article ۱۳۱: Advocacy General of the Union

۰. 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.

۱. 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.

۲. Admission into the initial classes of the careers of the institution dealt with in this article takes place through a public competitive examination of tests and titles.

۳. In 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 ۱۳۲: States

The Attorney of the States and of the Federal District perform judicial representation and legal counselling for their respective federated units, organized into a career, admission into which depends on a public competitive examination of tests and titles, with due regard for the provisions of Article ۱۳۵.

Section III

Advocacy and Public Defender"s Office

Article ۱۳۳: Lawyers

The lawyer is indispensable to the administration of justice, and he is inviolable for his acts and statements in the practice of his profession, within the limits of the law.

Article ۱۳۴: Public Defender"s Office

۰. The Public Defender"s Office is an institution essential to the State"s jurisdictional function and responsible for legal advice to and defense of the needy at all instances, set forth in Article ۵ LXXIV.

۱. A supplemental law organizes the Public Defender"s Office of the Republic and of the Federal District and of the Territories, and prescribes general rules for its organization in the States, into career offices, filed, in the initial level, through a public competitive examination of tests and titles, ensuring its members guaranteed irremovability and prohibiting the practice of law outside their institutional duties.

Article ۱۳۵: Submission to Principles

The careers regulated under this Title are subject to the principles of Articles ۳۷ XII and ۳۹.

Title V

Defense of the State and of the Democratic Institutions

Chapter I

State of Defense and State of Siege

Section I State of Defense

Article ۱۳۶: State of Defense

۰. The President of the Republic may, after hearing the Council of the Republic and the Council of National Defense, decree a state of defense to preserve or to promptly re-establish, in certain and restricted locations, public order or social peace whenever threatened by serious and imminent institutional instability or affected by major natural calamities.

۱. The decree instituting a state of defense determines the period of its duration, specifies the areas to be encompassed and indicates, within the terms and limitations of the law, the coercive measures to be put into force out of the following:

I. restrictions to the rights of:

a. meeting, even within associations;

b. secrecy of correspondence;

c. secrecy of telegraph and telephone communication;

II. occupation and temporary use of public or private property, workforce, and services in the event of a public calamity, the Republic being liable for the resulting damages and costs.

۲. A state of defense may not last for longer than thirty days and it may be extended once for an identical period if the reasons justifying the respective decree persist.

۳. During the period in which a state of defense is in force:

I. arrest for a crime against the State, determined by the party 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.

۴. Upon decree of state of defense or extension thereof, the President of the Republic shall within twenty-four hours submit the act with the respective justification to Congress, which decides by absolute majority.

۵. If Congress is in recess, it is called extraordinarily within five days.

۶. Congress examines the decree within ten days as from receipt thereof, and remains in operation as long as the state of defense is in force.

۷. If the decree is rejected, the state of defense ceases immediately.

Section II

State of Siege

Article ۱۳۷: Martial State

۰. The President of the Republic may, after hearing the Council of the Republic and the Council of National Defense, request Congress to authorize a decree of state of siege in the event of:

I. serious disturbance with national effects or occurrence of facts that evidence the ineffectiveness of a measure taken during the state of defense.

II. declaration of state of war or reaction to foreign armed aggression.

۱. The President of the Republic shall, on requesting authorization to decree a state of siege or extend it, submit the reasons for such request, and Congress shall decide by absolute majority.

Article ۱۳۸: State of Siege Decree

۰. The decree of a state of siege shall specify the period of its duration, the rules required to implement it and the constitutional guarantees that are to be suspended and, after publication, the President of the Republic designates the person who is to execute the specific measures and the areas encompassed.

۱. In the event of Article ۱۳۷ I, state of siege may not be decreed for more than thirty days and each extension may not exceed thirty days; in the event of Item II, it may be decreed for the entire period of the war or foreign aggression.

۲. If authorization to decree a state of siege is requested during parliamentary recess, the President of the Federal Senate immediately calls Congress extraordinarily to convene within five days in order to examine the act.

۳. Congress remains in operation until the end of the coercive measures.

Article ۱۳۹: Restrictions

۰. During the effectiveness of a state of siege decreed under Article ۱۳۷ I, only the following measures may be taken against persons:

I. obligation to remain in a given place;

II. detention in a building not intended for persons accused of or convicted for common crimes;

III. restrictions regarding the inviolability of correspondence, the secrecy of communications, the rendering of information, and freedom of press, radio broadcasting, and television, according to the law;

IV. suspension of freedom to meet;

V. intervention in public utility companies;

VI. requisitioning of property.

۱. Not included in the restrictions of Item III is the broadcasting of statements made by members of Parliament in their Legislative Houses, if authorized by the respective Presiding Board.

Section III

General Provisions

Article ۱۴۰: Special Standing Committee

The Presiding Board of Congress shall, after hearing the party leaders, designate a Committee made up of five of its members to monitor and supervise the implementation of measures of state of defense and state of siege.

Article ۱۴۱: Termination

۰. When the state of defense or state of siege ceases, its effects also cease, without prejudice to liability for unlawful acts performed by the executors or agents thereof.

۱. As soon as the state of defense or state of siege ceases, the measures applied during the effectiveness thereof are reported by the President of the Republic in a message to Congress, specifying and justifying the action taken, listing the names of those affected and indicating the restrictions applied.

Chapter II

Armed Forces

Article ۱۴۲: The Armed Forces, Defence

۰. The Armed Forces, made up of the Navy, the Army, and the Air Force, are permanent and regular national institutions, organized on the basis of hierarchy and discipline, under the supreme authority of the President of the Republic. They are intended to defend the Nation, guarantee the constitutional branches, and, on the initiative of any of them, law and order.

۱. A supplemental law establishes the general rules to be adopted for the organization, training, and employment of the Armed Forces.

۲. Habeas corpus does not apply to military disciplinary punishments.

Article ۱۴۳: Military Service

۰. Military service is compulsory according to the law.

۱. It is incumbent upon the Armed forces, according to the law, to assign an alternative service to those who, in times of peace, after being enlisted, allege reasons of conscience, which shall be understood as reasons based on religious creed and philosophical or political belief for exemption from essentially military activities.

۲. Women and clergymen are exempted from compulsory military service in times of peace but are subject to other duties that may be attributed to them by law.

Chapter III

Public Security

Article ۱۴۴: Public Security

۰. Public security, which is the duty of the State and the right and responsibility of all, is exercised to preserve public order and the invulnerability of persons and property, by means of the following bodies:

I. federal police;

II. federal highway police;

III. federal railway police;

IV. state polices and military fire brigades.

۱. The federal police, instituted by law as a permanent body and structured into a career, is intended:

I. to determine criminal offenses against the political and social order or to the detriment of property, services, and interests of the Republic and of its autonomous government entities and state companies, as well as other offenses with interstate or international effects and requiring uniform repression according to the law;

II. to hinder and repress illegal traffic of narcotics and like drugs, smuggling and contraband, without prejudice to action by the treasury and other government agencies in their respective jurisdiction;

III. to exercise the functions of maritime, air and frontier police;

IV. to exercise, with exclusivity, the functions of judicial police of the Republic.

۲. The federal highway police is a permanent body structured into a career and intended, according to the law, to ostensibly patrol the federal highways.

۳. The federal railway police is a permanent body structured into a career and intended, according to the law, to ostensibly patrol the federal railways.

۴. It is incumbent upon the civilian police, directed by career police officers and excepting the authority of the Republic, to exercise the functions of judicial police and to determine criminal offenses, except for military ones.

۵. It is incumbent upon the state troops to carry out the functions of ostensive police and to preserve the public order; it is incumbent upon the military fire brigades, in addition to the duties defined by law, to carry out activities of civil defense.

۶. The state troops and military fire brigades, ancillary forces, and reserve of the Army are subject, together within the civilian police, to the Governors of the State, of the Federal District and of the Territories.

۷. The law regulates the organization and operation of the bodies responsible for public security in such a manner as to guarantee the efficiency of their activities.

۸. The Municipalities may organize municipal guards to protect their property, services, and facilities, according to the law.

Title VI

Taxation and Budget

Chapter I

National Tributary System

Section I

General Principles

Article ۱۴۵: Taxation

The Republic, the States, the Federal District, and the Municipalities may institute the following tributes:

I. taxes;

II. fees, by virtue of the exercise of police power or for the actual or potential use of specific and divisible public services rendered to taxpayers or made available to them.

III. assessments, by virtue of public works.

۱. Whenever possible, taxes shall be personal and graded according to the economic capacity of the taxpayer, and the tax administration may, especially to make these objectives effective and respecting individual rights and the terms of the law, identify the property, income, and economic activities of the taxpayer.

۲. Fees may not have the assessment basis reserved for taxes.

Article ۱۴۶: Supplemental Law on Taxes

A supplemental law shall:

I. deal with conflicts of taxing power among the Republic, the States, the Federal District, and the Municipalities;

II. regulate the constitutional limits to taxing power;

III. establish general rules for tax legislation, particularly regarding:

a. the definition of tributes and their kinds, and, as regards the taxes specified in this Constitution, the definition of the respective taxable events, assessment bases, and taxpayers;

b. tax liability, assessment, credit, statute of limitations, and laches;

c. adequate tax treatment for the cooperative acts performed by cooperative entities.

Article ۱۴۷: Taxation in Territories

In a Federal Territory, state taxes are within the taxing power of the Republic and, if the Territory is not divided into Municipalities, also municipal taxes; municipal taxes are within the taxing power of the Federal District.

Article ۱۴۸: Compulsory Loans

The Republic may, by means of a supplemental law, institute compulsory loans:

I. to defray extraordinary expenses resulting from public calamity, foreign war or imminence thereof;

II. in the event of a public investment that is urgent or of relevant national interest, with due regard for the provisions of Article ۱۵۰ III (b).

۱. Applications of the funds derived from a compulsory loan shall be linked to the expense that justified the institution thereof.

Article ۱۴۹: Social and Economic Taxes

۰. It is exclusively incumbent upon the Republic to institute social contributions, contributions regarding intervention in the economic domain, and contributions in the interest of the professional or economic categories, as an instrument of activity in the respective areas, with due regard for the provisions of Articles ۱۴۶ III and ۱۵۰ I and III, and without prejudice to the provisions of Article ۱۹۵ (۶), for the contributions mentioned in the provision.

۱. The States, the Federal District, and the Municipalities may institute a contribution payable by their servants to fund a social assistance and security system to their benefit.

Section II

Limitations to Taxing Powers

Article ۱۵۰: Main Limits

۰. Without prejudice to any other guarantees ensured to the taxpayer, it is forbidden for the Republic, the States, the Federal District, and the Municipalities:

I. to claim or increase a tax without a law establishing such claim or increase;

II. to institute unequal treatment for taxpayers that are in an equivalent situation, it being forbidden to make any distinction by virtue of the professional occupation or function performed by them, regardless of the legal designation of the income, instruments or rights;

III. to collect tributes:

a. for taxable events that occurred before the effectiveness of the law that instituted or increased them;

b. in the same fiscal year in which the law that instituted or increased them was published;

IV. to use tributes for purposes of confiscation;

V. to establish limitations to the traffic of persons or goods by means of interstate or intermunicipal tributes, except for the collection of toll fees for the use of highways maintained by the Government;

VI. to institute taxes on:

a. property, income, or services of one by another;

b. temples of any cult;

c. property, income, or services of political parties, including their foundations, of worker 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. The prohibition contained in Item III b. does not apply to the taxes set forth in Articles ۱۵۳ I, II, IV, and V, and ۱۵۴ II.

۲. The prohibition contained in Item VI a. extends to autonomous government entities and foundations instituted and maintained by the Government as regards the property, income and services connected with their essential purposes or resulting therefrom.

۳. The prohibitions contained in Item VI a. and in the preceding paragraph do not apply to property, income, and services connected with the exploitation of economic activities governed by the rules that apply to private undertakings or to undertakings in which users pay consideration or prices or tariffs, not exempt the party who agreed to buy real property from the obligation to pay tax there on.

۴. The prohibitions contained in Item VI (b) and (c) encompass only the property, income, and services connected with the essential purpose of the entities mentioned therein.

۵. The law determines measures for consumers to obtain information regarding the taxes levied on goods and services.

۶. Any subsidy or exemption, reduction of assessment basis, concession of presumed credit, amnesty or remission, related to taxes, fees or contributions, may only be granted by means of a specific federal, state or municipal law, which provides exclusively for the above-enumerated matters or the corresponding tax, fee or contribution, without prejudice to the provisions of Article ۱۵۵ ۲. XII g.

۷. The law may impose upon the taxpayer the burden of the payment of a tax or contribution, whose taxable event will occur later, the immediate and preferential restitution of the amount paid being ensured, in case the presumed taxable event does not occur.

Article ۱۵۱: Limits to the Republic

It is forbidden for the Republic:

I. to institute taxes that are not uniform throughout the entire national territory or that imply a distinction or preference regarding a State, the Federal District, or a Municipality to the detriment of another, provided that tax incentives may be granted to balance social economic development among the various regions of Brazil;

II. to tax income from public debt bonds of the States, of the Federal District, and of the Municipalities, as well as the compensation and earnings of the respective public agents, at levels above those established for its own bonds and agents;

III. to institute exemptions from taxes within the jurisdiction of the States, the Federal District, or the Municipalities.

Article ۱۵۲: Forbidden to Divisions

It is forbidden for the States, the Federal District and the Municipalities to establish a tax difference between goods and services of any nature by virtue of their origin or destination.

Section III

Federal Taxes

Article ۱۵۳: Taxes of the Federation

۰. It is incumbent upon the Republic to institute taxes on:

I. imports of foreign products;

II. exports to other countries of national or nationalized products:

III. income and earnings of any nature;

IV. industrialized products;

V. transactions of credit, foreign exchange, and insurance, or transactions with instruments and securities;

VI. rural property;

VII. large fortunes, according to a supplemental law.

۱. The 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.

۲. The tax established in Item III:

I. shall be based on criteria of generality, universality, and progressiveness according to the law;

II. shall not be levied, according to the terms and limits established in the law, on income derived from retirement and pension paid by the social security system of the Republic, of the States, of Federal District, and of the Municipalities to a person with over sixty-five years of age and whose total income consists exclusively of work pay.

۳. The tax set forth in Item IV:

I. shall be selective, based on the essentiality of the product;

II. shall be non-cumulative, and the tax due for each transaction shall be offset by the amount charged at the previous transactions;

III. shall not be levied on industrialized products intended for export.

۴. The tax set forth in Item VI shall have its rates established in such a manner as to discourage the maintenance of unproductive real property and shall not be levied on small rural areas, as defined by law, when they are explored by himself or with his family, by an owner who has no other real property.

۵. Gold, when defined by law as a financial asset or negotiable instrument, is subject exclusively to the tax mentioned in item V of the main provision of this article, which is due on the original transaction; the minimum rate is one per cent, ensuring the transfer of the collected amount on the following terms:

I. thirty per cent to the State, the Federal District, or the Territory, depending on the origin;

II. seventy per cent to the Municipality of origin.

Article ۱۵۴: National Taxes

The Republic may institute:

I. by means of a supplemental law, taxes not listed in the preceding article, provided they are non-cumulative and have a specific taxable event or assessment basis other than those specified in this Constitution;

II. upon the imminence or in the case of foreign war, extraordinary taxes, whether or not included in its taxing power, which shall be gradually suppressed when the causes for their creation ceased.

Section IV

State and Federal District Taxes

Article ۱۵۵: State and Federal District

۰. The states and the Federal District shall have the power to institute taxes on:

I. transfer by death and donation of any property or rights;

II. transactions relating to the circulation of goods and to the rendering of interstate and inter municipal transportation services and services of communication, even when such transactions and renderings begin abroad;

III. ownership of automotive vehicles.

۱. The tax established in item I:

I. for real property and respective rights is within the jurisdiction of the Federal District or of the State where the property is located;

II. for assets, instruments, and credits is within the jurisdiction of the Federal District or of the State where the probate or enrolment is processed, or where the donor has his or her domicile;

III. shall have its authority regulated by a supplemental law:

a. if the donor is domiciled or resident abroad;

b. if the deceased owned property, was resident or domiciled or had his or her probate processed abroad;

IV. shall have its maximum rates established by the Federal Senate.

۲. The tax established in item II shall observe the following:

I. it shall be non-cumulative and the tax due on each transaction of circulation of goods or rendering of services shall be offset by the amount 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. shall not imply a credit for offset against the amount due on the following transactions or rendering or services;

b. shall cause the annulment of the credit for the previous transactions;

III. may be 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 shall be adopted for transactions and for rendering of goods and services to end consumers located in another State:

a. an interstate rate, when the recipient is a taxpayer;

b. an internal rate, when the recipient is not a taxpayer;

VIII. in the event of Sub item a. of the preceding item, the tax corresponding to the difference between the internal rate and the interstate rate shall be attributable to the State where the recipient is located;

IX. shall also be levied:

a. on the entry of goods imported from abroad, even in the case of goods intended for consumption or for the fixed assets of the establishment, as well as on services rendered abroad, the tax being attributable to the State where the establishment receiving the goods or services is located;

b. on the total value of the transaction, when goods are supplied with services not included in the taxing power of the Municipalities;

X. shall not be levied:

a. on transactions transferring industrialized products abroad, excluding semi-processed products as defined in a supplemental law;

b. on transactions transferring oil, including lubricants, liquid and gaseous fuels derived there from and electric energy to other States;

c. on gold, in the events defined in Article ۱۵۳ (۵);

XI. shall not include in its assessment basis the amount of the tax on industrialized products, when the transaction made between taxpayers and involving a products intended for industrialization or sale, represents a taxable event for both taxes;

XII. a supplemental law shall:

a. define the taxpayers;

b. deal with tax substitution;

c. regulate the system for offsetting the tax;

d. establish, for purposes of collection of the tax and definition of the liable establishment, the location of transactions of circulation of goods and of rendering of services;

e. exclude from levy of the tax, in export to other countries, services and products other than those mentioned in Item X a);

f. provide for the maintenance of a credit for services and goods remitted to another State and exported to other countries;

g. regulate the manner in which, by resolution of the States and the Federal District, tax exemptions, incentives and benefits shall be granted and revoked.

۳. With the exception of the taxes mentioned in item II of the caption of the present article, and Article ۱۵۳ I and II, no other tribute may be levied on transactions concerning electric energy, telecommunications services, petroleum by-products, fuels and minerals of the country.

Section V

Municipal Taxes

Article ۱۵۶: Municipal Taxes

۰. It is incumbent upon the Municipalities to institute taxes on:

I. urban real property;

II. transfer of propriety among alive persons, on any account and for consideration, of real property by nature or physical accession and of any in rem rights to real property, except for collateral, as well as the assignment of rights to the purchase thereof;

III. services of any nature not included in Article ۱۵۵ II, as defined in a supplementary law.

IV. services of any nature not included in Article ۱۵۵ I b), as defined in a supplemental law.

۱. The tax set forth in Item I may be progressive, according to a municipal law, in order to ensure achievement of the social function of the property.

۲. The tax set forth in Item II:

I. shall not be levied on the transfer of property or rights incorporated into the assets of a legal entity to pay up its capital, nor on the transfer of property or rights as a result of consolidation, merger, spin off of extinction of a legal entity, unless, in the latter cases, the preponderant activity of the purchaser is the purchase and sale of such property or rights, the lease of real property or leasing;

II. is attributable to the Municipality where the property is located.

۳. As regards the tax established in item III, a supplementary law shall:

I. establish its maximum rates;

II. exclude exportations of services to other countries from levy of the said tax.

۴. A supplemental law shall:

I. establish the maximum rates for the taxes set forth in Items III and IV;

II. exclude exports of services abroad from levy of the tax set forth in item IV.

Section VI

Apportionment of Tributary Revenues

Article ۱۵۷: Attributions for the States

۰. The following shall be attributed to the States and the Federal District:

I. the proceeds from the collection of the federal tax on income and earnings of ny nature withheld at source from income paid on any account by them, their autonomous government entities, and by the foundations they institute and maintain;

II. twenty per cent of the proceeds from the collection of the tax that the Republic may institute in exercising the authority conferred in by Article ۱۵۴ I.

Article ۱۵۸: Attribution to the Municipalities

۰. The following is attributed to the Municipalities:

I. the proceeds from the collection of the federal tax on income and earnings of any nature withheld at source from income paid on any account by them, their autonomous government entities and by foundations instituted or maintained by them;

II. fifty per cent of the proceeds from the collection of the Federal tax on rural property for property located in the Municipalities;

III. fifty per cent of the proceeds from the collection of the State tax on the ownership of automotive vehicles licensed in their territories;

IV. IV. twenty-five per cent of the proceeds from the collection of the State tax on transactions of distribution of goods and on rendering of services of interstate and intermunicipal transportation and of communication services.

۱. The revenue portions attributed to the Municipalities as mentioned in Item IV shall be credit according to the following criteria:

I. at least three quarters, in proportion to the value added in the transactions of distribution of goods and rendering of services carried out in their territories;

II. up to one quarter, as established in state law or, in the case of the Territories, in federal law.

Article ۱۵۹: Delivery

۰. The Republic shall deliver:

I. of the proceeds from the collection of taxes on income and earnings of any nature and non-manufactured products, forty-seven per cent in the following manner:

a. twenty-one wholes and five tenths per cent to the Participation Fund of the States and of the Federal District;

b. twenty-two wholes and five tenths per cent to the Participation Fund of the Municipalities;

c. three per cent, for allocation to programs to finance the productive sector of the North, Northeast, and Center West Regions, through their regional financial institutions, according to regional development plans, the semi-arid area of the Northeast being assured of half the funds intended for the Region as established in the law;

I. of the proceeds from the collection of the tax on industrialized products, ten per cent to the States and to the Federal District, in proportion to the value of respective exports of industrialized products.

۱. For purposes of calculating the amount to be delivered under Item I, the portion of the collection of the tax on income and earnings of any nature belonging to the States, the Federal District, and the Municipalities according to Article ۱۵۷ I, and ۱۵۸ I shall be excluded.

۲. No federated unit may be allocated an amount in excess of twenty per cent of the amount referred to in Item II, and any excess shall be distributed among the other participants, maintaining the apportionment criterion established therein for the latter.

۳. It is forbidden to make any retention or restriction regarding the delivery and employment of the funds attributed under this section to the States, the Federal District, and the Municipalities, including any tax additions and increase.

Article ۱۶۰: Prohibition

The prohibition mentioned in the present article does not prevent the Union and the states from remitting the funds on condition of payment of their credits, including those of the autonomous government agencies.

Article ۱۶۱: Supplemental Law

۰. A supplemental law shall:

I. define the added value for the purposes of Article ۱۵۸ ۱. I;

II. establish rules for the delivery of the funds dealt with in Article ۱۵۹, especially the criteria for apportionment of the funds mentioned in its Item I, seeking to maintain social and economic balance among States and among Municipalities;

III. deal with the monitoring, by the beneficiaries, of the calculation of the quotas and release of the participations set forth in Articles ۱۵۷, ۱۵۸, and ۱۵۹.

۱. The Audit Tribunal of the Union calculates the quotas referring to the participation funds mentioned in Item II.

Article ۱۶۲: Amount Publication

۰. The Republic, the States, the Federal District, and the Municipalities shall announce, on or before the last day of the month following the month of collection, the amounts of each of the taxes collected, the funds received, the tax sums delivered and to be delivered and the numerical expression of the apportionment criteria.

۱. The data disclosed by the Republic shall be discriminated by State and by Municipality; those of the States by Municipality.

Chapter II

Government Finances

Section I

General Rules

Article ۱۶۳: Public Finances Law

A supplemental law deals with:

I. government finances;

II. foreign and domestic government debt, including the debt of the autonomous government entities, foundations, and other entities controlled by the Government;

III. rendering of guarantees by government entities;

IV. issuance and redemption of government debt bonds;

V. supervision of financial institutions;

VI. foreign exchange transactions carried out by agencies and entities of the Republic, of the States, of the Federal District, and of the Municipalities;

VII. compatibility of the functions of the official credit institutions of the Republic, safeguarding all the characteristics and operating conditions of those intended for regional development.

Article ۱۶۴: Coin Money, Central Bank, Control

۰. The authority of the Republic to issue money is exercised exclusively by the Central Bank.

۱. It is forbidden for the Central Bank to directly grant loans to the National Treasury and to any agency or entity which is not a financial institution.

۲. The Central Bank may purchase and sell instruments issued by the National Treasury in order to regulate the money supply of the interest rate.

۳. The available cash of the Republic has to be deposited at the Central Bank; that of the States, of the Federal District, of the Municipalities, and of the agencies or entities of the Government and of the companies controlled by the Government, at official financial institutions, excepting the cases established in the law.

Section II

Budgets

Article ۱۶۵: Budget Plan & Legislation

۰. Laws in the initiative of the Executive Branch establish:

I. the pluriannual plan;

II. the budget directives;

III. the annual budgets.

۱. The law that institutes the pluriannual plan establishes, by Region, the directives, objectives, and targets of the Federal Government for the capital expenses and other expenses resulting therefrom and for those regarding continuous programs.

۲. The budget directives law contains the targets and priorities of the Federal Government, including the capital expenses for the following fiscal year, guides the preparation of the annual budget law, deals with changes in tax legislation, and establishes the investment policy for official promotion financing agencies.

۳. The Executive Branch, within thirty days of the end of each two month period, publishes a summarized report on budget implementation.

۴. The national, regional, and sectorial plans and programs set forth in this Constitution are prepared in accordance with the pluriannual plan and examined by Congress.

۵. The annual budget law comprises:

I. the tax budget for the Branches of the Republic, their funds, agencies, and entities of direct and indirect administration, including foundations instituted and maintained by the Government;

II. the investment budget of the companies in which the Republic directly or indirectly holds the majority of the voting capital;

III. the social security budget, covering all entities and agencies of direct or indirect administration connected with social security, as well as funds and foundations instituted and maintained by the Government.

۶. The budget law bill is accompanied by a regionalized statement on the effect on revenues and expenses as a result of financial, tax and credit exemptions, amnesties, remissions, subsidies, and benefits.

۷. The functions of the budgets established in Paragraph ۵. I and II made compatible with the pluriannual plan, include the function of reducing interregional differences according to populational criteria.

۸. The annual budget law may not contain any provision that does not represent a forecast of revenues, according to the law.

۹. {……}

۱۰. A supplemental law:

I. deals with the fiscal year, effectiveness, terms, preparation, and organization of the pluriannual plan, of the budget directives law, and of the annual budget law;

II. establishes rules of financial and property management by the direct and indirect administration, as well as conditions for the institution and operation of funds.

Article ۱۶۶: Bills, Drafts

۰. The bills of law regarding the pluriannual plan, the budget directives, the annual budget, and the additional credits are examined by the two Houses of Congress under the common regulations.

۱. A permanent mixed Committee of Senators and Representatives shall

I. examine and issue its opinion on the bills referred to in this article and on the accounts submitted each year by the President of the Republic;

II. examine and issue its opinion on the national, regional, and sectorial plans and programs established in this Constitution and exercise budgetary monitoring and supervision, without prejudice to the activity of the other committees of Congress and of its Houses, created under Article ۵۸.

۲. Amendments shall be submitted to the mixed Committee, which shall issue its opinion on them, and shall be examined, according to the regulations, by the Plenary Session of the two Houses of Congress.

۳. Amendments to the bill of the annual budget law or to bills that modify if may only be approved if:

I. they are compatible with the pluriannual plan and with the budget directives law;

II. they specify the necessary funds, allowing only those resulting from the annulment of an expense and excluding those that apply to:

a. appropriations for personnel and their charges;

b. debt servicing;

c. constitutional tax transfers to the States, Municipalities and Federal District; or

II. they are related:

a. to the correction of errors or omissions; or

b. to the provisions of the text of the bill.

۴. Amendments to the bill of the budget directives law may not be approved it they are incompatible with the pluriannual plan.

۵. The President of the Republic may send a message to Congress to propose the modification of the bills referred to in this article as long as the mixed Committee has not started to vote on the part for which an alteration is being proposed.

۶. The bills of the pluriannual plan law, budget directives law and annual budget law are submitted by the President of the Republic to Congress according to the supplemental act referred to in Article ۱۶۵ (۹).

۷. To the extent that they do not conflict with the provisions of this section, the other rules regarding legislative procedure shall apply to the bills mentioned in this article.

۸. Those funds which, by virtue of a veto, amendment or rejection of the bill of the annual budget law, have no corresponding expenses, may be used, as the case may be, means of special or supplemental credits with prior and specific legislative authorization.

Article ۱۶۷: Forbidden

The following is forbidden:

I. to commence programs or projects not included in the annual budget law;

II. to incur expenses or assume direct obligations that exceed the budgetary or additional credits;

III. to carry out credit transactions that exceed the amount of capital expenses, excepting those authorized by means of supplemental or special credits for a precise purpose and approved by an absolute majority of the Legislative Branch;

IV. to bind tax revenues to an agency, fund or expense, excepting the sharing of the proceeds from the collection of the taxes referred to in Articles ۱۵۸ and ۱۵۹, the allocation of funds for the maintenance and development of education, as determined in Article ۲۱۲, and the granting of guarantees on credit transactions by advance of revenues, as established in Article ۱۶۵ (۸) as well as in Paragraph ۴. of the present article;

V. to open a supplemental or special credit without prior legislative authorization and without specification of the respective funds;

VI. to reclassify, reallocate, or transfer funds from one programming category to another or from one agency to another without prior legislative authorization;

VII. to grant or use unlimited credits;

VIII. to use, without specific legislative authorization, funds from the tax and social security budgets to satisfy a need or cover a deficit of companies, foundations, and funds, including those mentioned in Article ۱۶۵ (۵);

IX. IX. to institute funds of any nature without prior legislative authorization.

۱. No investment implemented over more than one fiscal year may be commenced without prior inclusion in the pluriannual plan or without a law authorizing such inclusion, subject to criminal malversion.

۲. Special and extraordinary credits shall be effective in the fiscal year in which they are authorized, unless the act authorizing them is promulgated during the last four months of that fiscal year, in which event, the limits of their balances being reopened, they shall be incorporated into the budget of the subsequent fiscal year.

۳. Opening of extraordinary credit shall only be allowed to cover unforeseeable and urgent expenses, such as those resulting from war, internal commotion of public calamity, with due regard for the provisions of Article ۶۲.

۴. It is permitted to bind proper revenues generated by the taxes referred to in Articles ۱۵۵ and ۱۵۶, and the funds mentioned in Articles ۱۵۷, ۱۵۸ and ۱۵۹ I a and b, to the granting of a guarantee or a counter guarantee to the Union, and to the payment of debits owed to the same.

Article ۱۶۸: Judicial Branch Funds

The funds corresponding to budgetary appropriation, including supplementary and special credits, intended for agencies of the Legislative and Judiciary Branches and of the Public Attorneys Office, are delivered to them by the twentieth day of each month, as set forth in the supplemental act referred to in Article ۱۶۵ (۹).

Article ۱۶۹: Expenditures

۰. ۰. Expenditures with Republic, State, Federal District, and Municipality staff, in activity and pensioned, may not exceed the limits established in a supplemental act.

۱. Granting of any advantage or increase in compensation, creation of jobs or alteration in career structures, as well as hiring of personnel in any way, by agencies and entities of the direct or indirect administration, including foundations instituted and maintained by the Government, may only be effected:

I. if there is a prior budgetary appropriation sufficient to cover the estimated personnel expenditures and the accretions resulting therefrom;

II. if there is specific authorization in the budget directives law, except for public companies and mixed capital companies.

Title VII

Economic and Financial Order

Chapter I

General Principles of Economic Activity

Article ۱۷۰: Economic Order, Market System, Social and Democratic Basis

۰. The economic order, founded on the appreciation of human work and on free enterprise, is intended to ensure everyone a life with dignity, according to the dictates of social justice, with due regard for the following principles:

I. national sovereignty;

II. private property;

III. the social function of property;

IV. free competition;

V. defense of the consumer;

VI. defense of the environment;

VII. reduction of regional and social differences;

VIII. achievement of full employment;

IX. preferential treatment for small entreprises organized under Brazilian laws and having their head-office and management in Brazil.

۱. Free exercise of any economic activity is ensured to everyone, regardless of any government authorization, except in the cases set forth by law.

Article ۱۷۱: Concepts

{Revoked by Constitutional Amendment No. ۶/۱۹۹۵ of ۱۵ Aug ۱۹۹۵ }

Article ۱۷۲: Investments

The law regulates foreign capital investments, according to national interests, encourages reinvestments, and regulates the remittance of profits.

Article ۱۷۳: Public Companies

۰. With the exception of the cases set forth in this Constitution, the direct exploitation of an economic activity by the State is only allowed whenever it is necessary to national security or to a relevant collective interest, as defined in the law.

۱. Public companies, mixed capital companies, and other entities engaged in economic activities are subject to the specific legal regimes governing private companies, including with respect to labor and tax liabilities.

۲. Public companies and mixed capital companies may not enjoy fiscal privileges which are not extended to companies of the private sector.

۳. The law regulates the relationships of public companies with the State and with society.

۴. The law represses abuse of economic power aiming at domination of markets, elimination of competition, and arbitrary increase of profits.

۵. The law, without prejudice to the individual liability of the officers of a legal entity, establishes the liability of the latter, subjecting it to penalties compatible with its nature, for acts that contravene the economic and financial order and the economy of the people.

Article ۱۷۴: State and Economy

۰. As the normative and regulating agent of economic activity, the State, in the manner set forth by law, performs the functions of supervision, incentive, and planning, the latter being binding for the public sector and indicative for the private sector.

۱. The law establishes the guidelines and bases for planning balanced national development, which embody national and regional development plans and make them compatible.

۲. The law supports and encourages co operatives and other forms of association.

۳. The State favors the organization of cooperatives for mineral prospecting and mining activities, taking into account the protection of the environment and the social economic promotion of the prospectors and miners.

۴. The cooperatives referred to in the preceding paragraph have priority in obtaining authorization or grants for prospecting and mining of mineral resources and deposits in the areas where they are operating and in those established in accordance with Article ۲۱ XXV, in the manner set forth in the law.

Article ۱۷۵: Public Utility Services

۰. In the manner set forth in the law the Government in responsible for providing public utility services either directly or by grant or permit, which will always be through public bidding.

۱. The law provides for:

I. the regime for public utility companies, the special nature of their contract, and of extension thereof, and the conditions of forfeiture, control, and termination of the grant or permit;

II. the rights of users;

III. tariff policy;

IV. the obligation of maintaining adequate services.

Article ۱۷۶: Monopolies

۰. Mineral deposits, whether being exploited or not, and other mineral resources and hydraulic energy potential represent property separate from the soil, for purposes of exploitation or use, and belong to the Republic, the grant holder being guaranteed ownership of the mined product.

۱. The prospecting and mining of mineral resources and the utilization of the potentials mentioned in the caption of this article may only take place with authorization or concession by the 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 shall establish specific conditions when such activities are to be conducted in the boundary zone or on Indian lands.

۲. The owner of the soil is assured of participation in the results of the mining work, in the manner and amount provided for by law.

۳. Authorization for prospecting shall always be granted for a limited period of time and the authorizations and grants set forth in this article may not be assigned or transferred, either in full or in part, without the prior consent of the granting authority.

۴. Exploitation of a renewable energy potential of small capacity does not require an authorization or grant.

Article ۱۷۷: Monopoly of Some Activities

۰. The following are the monopoly of the Republic:

I. prospecting and exploitation of deposits of oil and natural gas or other fluid hydrocarbons;

II. refining of national or foreign oil;

III. imports and exports of the products and basic by-products resulting from the activities set forth in the preceding items;

IV. ocean transportation of crude oil of national origin or of basic oil by products produced in Brazil, as well as pipeline transportation of crude oil, its by products and natural gas of any origin;

V. prospecting, mining, enrichment, reprocessing, industrialization, and trading of nuclear mineral ores and minerals and their by products.

۱. The monopoly established in this article includes the risks and results deriving from the activities mentioned therein, and the Republic is forbidden to assign or grant any kind of participation, either in kind or in legal tender, in the exploitation of oil or natural gas deposits, excepting the provisions of Article ۲۰ ۱..

۲. The law shall provide for the transportation and use of radioactive materials within the Brazilian territory.

Article ۱۷۸: Transportation

۰. The law shall provide for the regulation of air, water and ground transportation, and it shall, in respect to the regulation of international transportation, comply with the agreements entered into by the Union, with due regard to the principle of reciprocity.

۱. In regulating water transportation, the law shall set forth the conditions in which the transportation of goods in coastal and internal navigation will be permitted to foreign vessels.

Article ۱۷۹: Small Companies Help

The Republic, the States, the Federal District, and the Municipalities afford micro companies and small companies, as defined by law, differentiated legal treatment, seeking to further them through simplification of their administrative, social security, and credit obligations or through elimination or reduction thereof by means of a law.

Article ۱۸۰: Tourism

The Republic, the States, the Federal District, and the Municipalities promote and further tourism as a factor of social and economic development.

Article ۱۸۱: Response to Foreign Authority

Response to a requisition for a document or for information of a commercial nature, made by a foreign administrative or judicial authority to an individual or legal entity residing or domiciled in Brazil require authorization from the proper Authority.

Chapter II

Urban Policy

Article ۱۸۲: Municipal Urbanization

۰. The urban development policy carried out by the Municipal Government, according to general guidelines set forth in the law, is aimed at organizing the full development of the city"s social functions and ensuring the well being of its inhabitants.

۱. The 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.

۲. Urban property performs its social function when it meets the fundamental requirements for the city"s organization as set forth in the master plan.

۳. Expropriation of urban property is made against prior and fair compensation in cash.

۴. The Municipal Government may, by means of a specific law, in relation to areas included in the 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 installments, ensuring the real value of the compensation and legal interest.

Article ۱۸۳: Usurpation

An individual who holds as his own an urban area of up to two hundred and fifty square meters, for five years without interruption or opposition, using it as his or as his family"s home, acquires title to such property, provided that he does not own any other urban or rural property.

۱. The deed of title and authorization of use is granted to the man or woman, or both, regardless of their marital status.

۲. Such right shall not be recognized for the same holder more than once.

۳. Public real property shall not be acquired by usurpation.

Chapter III

Agricultural and Land Policy and Agrarian Reform

Article ۱۸۴: Agrarian Reform

۰. It is incumbent upon the Republic to expropriate for social interest, for purposes of agrarian reform, rural property which is not performing its social function, against prior and fair compensation in agrarian debt bonds with a clause providing for maintenance of real value and redeemable within a period of up to twenty years as from the second year of issue, and the use of which shall be defined in the law.

۱. Useful and necessary improvements are compensated in cash.

۲. A supplemental act establishes special summary adversary proceedings for expropriation action.

۳. The budget each year determines the total volume of

۴. agrarian debt bonds, as well as the amount of funds for the agrarian reform program in the fiscal year.

۵. Transactions of transfer of property expropriated for agrarian reform purposes are exempt from federal, state, and municipal taxes.

Article ۱۸۵: Limits of Agrarian Reform

۰. The following shall not be subject to expropriation for agrarian reform purposes:

I. small and medium sized rural property, as defined in the law, provided its owner does not own other property;

II. productive property.

۱. The law ensures special treatment for productive property and establishes rules for the fulfillment of the requirements for its social function.

Article ۱۸۶: Social Function, Limits

The social function is performed when rural property simultaneously meets, according to the criteria and standards prescribed in the law, the following requirements:

I. rational and adequate use;

II. adequate use of available natural resources and preservation of the environment;

III. compliance with the provisions which regulate labor relations;

IV. exploitation which favors the well-being of the owners and workers.

Article ۱۸۷: Policy

The agricultural policy is planned and carried out pursuant to the law, with the actual participation of the production sector comprising producers and rural workers, as well as the marketing, storage, and transportation sectors, with special consideration for:

I. credit and fiscal mechanisms;

II. prices compatible with production cost and marketing guarantees;

III. research and technology incentives;

IV. technical assistance and rural extensions;

V. agricultural insurance;

VI. co operatives;

VII. rural electricity and irrigation systems;

VIII. housing for rural workers.

۱. Agricultural planning includes agro industrial, stock raising, fishing, and forestry activities.

۲. Agricultural policy action is rendered compatible with agrarian reform action.

Article ۱۸۸: Public Vacant Lands

۰. The destination given to public and vacant lands is to be compatible with the agricultural policy and the national agrarian reform plan.

۱. The disposal or granting in any way of public lands with an area of more than two thousand and five hundred hectares to an individual or legal entity, even through an intermediary, shall require the prior approval of Congress.

۲. Disposals or grants of public lands for agrarian reform purposes are excluded from the provisions of the preceding paragraph.

Article ۱۸۹: Propriety Title

۰. The beneficiaries of distribution or rural land under the agrarian reform receive deeds of title or authorization of use which may not be transacted for a period of ten years.

۱. The deed of title and authorization of use is granted to the man or the woman, or to both, irrespective of their marital Status, pursuant to the terms and conditions set forth in the law.

Article ۱۹۰: Restrictions

The law regulates and restricts the acquisition or lease of rural property by a foreign individual or legal entity, and determines the cases subject to authorization from Congress.

Article ۱۹۱: Usurpation

۰. The individual who, not being the owner or rural or urban property, holds as his own, for five years, without interruption or opposition, an area of land on the rural zone not exceeding fifty hectares and with his labor and that of his family makes the land productive and dwells thereon, shall acquire ownership of the land.

۱. Public property shall not be acquired by usurpation.

Chapter IV

National Financial System

Article ۱۹۲: Financial System

۰. The national financial system, structured to promote the balanced development of Brazil and serve the collective interests, is regulated by a supplemental law which also provides for:

I. authorization for the operation of financial institutions, ensuring official and private banks access to all instruments of the banking financial market, such institutions being prohibited from engaging in activities not foreseen in the authorization mentioned in this item;

II. authorization and operation of insurance, social security, and capitalization companies, as well as of the official supervisory agency and of the official reinsurance agency;

III. conditions for the participation of foreign capital in the institutions referred to in the preceding items, considering especially:

a. national interests;

b. international agreements;

IV. organization, operation, and duties of the central bank and other public and private financial institutions;

V. Requirements for the appointment of members of the board of directors of the Central Bank and other financial institutions, as well as their impediments after leaving office;

VI. creation of a fund or insurance, for the purpose of protecting the public economy, guaranteeing credits, investments, and deposits up to a certain amount, the participation of federal funds being forbidden;

VII. criteria restricting the transfer of savings from regions with income below the national average to more developed regions;

VIII. operation of credit cooperatives and requirements for them to operate and have the structure inherent to financial institutions.

۱. The authorization referred to in Items I and II are non-negotiable and non-transferable, transfer of control of the authorized legal entity being allowed, and is granted free of charge, according to the national financial system law, to a legal entity whose directors are technically qualified and of unblemished reputation and which proves that its economic capacity is compatible with the undertaking.

۲. The funds for regional programs and projects under the responsibility of the Republic are deposited at their regional credit institutions and invested by them.

۳. Real interest rates, including commission and any other consideration directly or indirectly related to the extension of credit, shall not exceed twelve percent per annum; interest charged above this limit shall be considered as a usury crime and shall be punished in all of its forms as the law shall determine.

Title VIII Social Order

Chapter I

General Provision

Article ۱۹۳: Work, Social Justice

The social order is founded on the primacy of work and aimed at social well-being and justice.

Chapter II

Social Security

Section I

General Provision

Article ۱۹۴: Social Security and Assistance

۰. Social security comprises an integrated set of initiatives by the Branches of Government and by Society, aimed at ensuring the rights to health, social security, and social assistance.

۱. It is incumbent upon the Government, pursuant to the law, to organize social security based on the following 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;

VI. democratic and decentralized character of administrative management, with the participation of the community and particularly of workers, businessmen and the retired.

Article ۱۹۵: Financial System

۰. Social security is financed by all of society, either directly of indirectly, pursuant to the law, with funds derived from the budgets of the Republic, States, Federal District, and Municipalities and from the following social contributions:

I. by employers, assessed on the payroll, billings, and profits;

II. by workers;

III. on revenues from prognostic lotteries.

۱. The revenues of the States, Federal District, and Municipalities intended for social security shall be included in the respective budgets and shall not be part of the federal budget.

۲. The proposal for the social security budget shall be prepared jointly by the health, social security, and social assistance agencies, taking into account the targets and priorities set forth in the budget directives law, ensuring each area the management of its funds.

۳. A legal entity indebted to the social security system, as foreseen in the law, may not contract with the Government nor receive benefits or fiscal or credit incentives from the Government.

۴. The law may institute other sources in order to ensure maintenance or expansion of social security, with due regard for the provisions of Article ۱۵۴ I.

۵. No social security benefit or service may be created, increased, or extended without having a corresponding source of full funding.

۶. 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 ۱۵۰ III b. shall not apply thereto.

۷. Social assistance charity institutions, which meet the requirements set forth in the law, are exempted from contribution to social security.

۸. Rural producers, partners, half and half sharecroppers and tenant farmers, mineral prospectors, and miners and unqualified fishermen, as well as their respective spouses, contribute to social security by applying a rate to the proceeds from the sale of their production and are entitled to the benefits pursuant to the law.

Section II

Health

Article ۱۹۶: Health, 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 ۱۹۷: Public System, Private Nets

Health actions and services are of public relevance and it is incumbent upon the Government to provide, pursuant to the law, for their regulation, supervision and control. Such actions and services are to be carried out directly or through third parties and also by means of individuals or legal entities of private law.

Article ۱۹۸: Public Healthcare Guidelines

۰. Public health actions and services are part of a regionalized and hierarchical network and constitute a single system organized according to the following guidelines:

I. decentralization with a single management in each government sphere;

II. full service, priority being given to preventive activities, without prejudice to assistance services;

III. participation of the community;

۱. The single health system is financed, pursuant to Article ۱۹۵, with funds from the social security budget of the Republic, the States, the Federal District, and the Municipalities, in addition to other sources.

Article ۱۹۹: Private Enterprise

۰. Health assistance is open to private enterprise.

۱. Private institutions may participate on a supplementary basis in the single health system, according to guideline set forth by the latter, by means of public law contracts or agreements, preference being given to philanthropic and non-profit entities.

۲. The allocation of public funds to aid or subsidize private profit seeking institutions is forbidden.

۳. Direct or indirect participation of foreign companies or capital in Brazil"s health assistance is forbidden, except in the cases foreseen in the law.

۴. The law establishes the conditions and requirements to allow the removal of human organs, tissues, and substances intended for transplantation, research, and treatment, as well as the collection, processing, and transfusion of blood ant its by products, all kinds of sale being forbidden.

Article ۲۰۰: Single Health System

The single health system shall, in addition to other duties pursuant to the law;

I. control and supervise procedures, products and substances of interest to health and participate in the production of drugs, equipment, immunobiological products, hemoproducts, and other inputs;

II. carry out sanitary and epidemiological supervision actions and those concerning the health of workers;

III. organize the training of human resources in the health area;

IV. participate in the formulation of the policy and execution of action of basic sanitation;

V. foster scientific and technological development in its sphere of action;

VI. inspect and supervise foodstuffs and control their nutritional contents, as well drinks and water for human consumption;

VII. participate in the control and inspection of production, transportation, storage, and use of psychoactive, toxic, and radioactive substance and products;

VIII. cooperate in the preservation of the environment, including that of the work place.

Section III

Social Benefits

Article ۲۰۱: Social Security Plans

۰. The social security plans shall, upon contribution, pursuant to the law, provide:

I. coverage for the events of illness, disability, death, including those resulting from work accidents, old age, and confinement;

II. aid for the support of the dependents of low income insured;

III. protection for maternity, especially for pregnant women;

IV. protection for workers who are involuntarily unemployed;

V. pension for death of an insured man or woman, for the spouse or companion and dependents, with due regard for the provisions of ۲۰۲ (۵).

۱. Any person may receive social security benefits upon contribution according to the social security plans.

۲. Adjustment of the benefits is ensured so as to permanently maintain their real value, according to criteria defined in the law.

۳. All contribution salaries taken into account in the calculation of a benefit shall suffer monetary correction.

۴. The amounts habitually earned by an employee on any account shall be incorporated into his or her salary for purposes of social security contribution and consequent effects on benefits, in cases established in and according to the law.

۵. No benefit which replaces the contribution salary or work earnings of the insured shall have a monthly value lower than the minimum wage.

۶. The Christmas bonus for the retired and pensioners shall be based on the amount of earnings in the month of December of each year.

۷. Social security shall maintain supplementary and optional collective insurance funded by additional contributions.

۸. Any subsidy or aid by the Government to private profit seeking pension entities is forbidden.

Article ۲۰۲: Retirement, Welfare Benefit

۰. Retirement is ensured pursuant to the law, the benefit being calculated on the average of the last thirty-six contribution salaries, monetarily corrected month by month and upon evidence that the adjustments to the contribution salaries to maintain their real values were regular and upon satisfaction of the following conditions:

I. at sixty-five years of age for men and sixty years for women, this age limit being reduced by five years for rural workers of both sexes and for those who carry out their activities with their family, these including rural producers, mineral prospectors, and miners and unqualified fishermen;

II. after thirty-five years of work for men and after thirty years for women, or sooner if subject to work under special conditions, which are detrimental to the health or physical integrity, as defined in the law;

III. after thirty years for male teachers and after twenty-five years for female teachers, for actual performance of a teaching function.

۱. Proportional retirement is allowed after thirty years of work for men and twenty five for women.

۲. For retirement purposes, reciprocal computation is ensured of the period of contribution in the public administration and in

۳. private rural and urban activity, in which case the various social security systems shall be financially compensated, according to criteria determined in the law.

Section IV

Social Assistance

Article ۲۰۳: Social Assistance

Social assistance shall be rendered to whomever may need it, regardless of contribution to social security, and shall have the following 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 ۲۰۴: Government Action

Government action in the area of social assistance shall be carried out with funds from the social security budget set forth in Article ۱۹۵, in addition to other sources, and shall be organized on the basis of the following guidelines:

I. political and administrative decentralization, the coordination and general rules being within the federal sphere, and the coordination and 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.

Chapter III

Education, Culture, and Sports

Section I Education

Article ۲۰۵: Education, Duty and Right

Education, which is the right of all persons and the duty of the State and of the family, shall be promoted and encouraged with the cooperation of society, aiming at full development of the individual, his or her preparation to exercise citizenship, and his or her qualification for work.

Article ۲۰۶: Fundamental Principles

Education shall be provided on the basis of the following principles:

I. equal conditions for access to and remaining in school;

II. freedom to learn, teach, research, and express thoughts, art, and knowledge;

III. pluralism of ideas and of pedagogical concepts and coexistence of public and private teaching institutions;

IV. free public education in official schools;

V. appreciation of teaching professionals, guaranteeing, pursuant to the law, a career plan for public teachers, with a professional minimum salary and admittance exclusively by means of a public competitive examination of tests and titles, and ensuring s single legal regime for all institutions maintained by the Republic;

VI. democratic administration of public education, pursuant to the law;

VII. guarantee of good quality.

Article ۲۰۷: Universities, Autonomy

Universities enjoy didactic, scientific, administrative, and financial and equity management autonomy and shall comply with the principle of indivisibility of teaching, research, and extension.

Article ۲۰۸: State Duty

۰. The State"s duty concerning education shall be discharged by ensuring the following:

I. compulsory and free elementary education, including for those who did not have access to school at the proper age;

II. progressive extension of compulsory and free education to secondary school;

III. special classes for the handicapped, preferably in the ordinary school network;

IV. assistance to children of zero to six years of age in day care centers and pre schools;

V. access to higher levels of education, research, and artistic creation according to individual capacity;

VI. provision of regular night courses adequate to the student"s conditions;

VII. assistance to elementary school students through supplementary programs providing school supplies and material, transportation, food, and health assistance.

۱. Access to compulsory and free education is a subjective public right.

۲. The proper authority are liable for the Government"s failure to provide compulsory education or providing it irregularly.

۳. It is incumbent upon the Government to conducts a census of elementary school students, to call them for enrolment and see, jointly with their parents or guardians, that they attend school.

Article ۲۰۹: Private enterprises allowed

Teaching is open to private enterprise, provided that the following conditions are met:

I. compliance with the general rules of Brazilian education;

II. authorization and assessment of quality by the Government.

Article ۲۱۰: Elementary and Basic Curricula

۰. Minimum curricula shall be established for elementary school in order to ensure a common basic education and respect for national and regional cultural and artistic values.

۱. Religious education is optional and shall be given during the regular school hours of public elementary schools.

۲. Regular elementary education shall be given in the Portuguese language, the Indian communities also being ensured the use of their native languages and specific learning procedures.

Article ۲۱۱: Education Systems

۰. The Republic, the States, the Federal District, and the Municipalities cooperate in the organization of their educational systems.

۱. The Republic organizes and finances the federal educational system and that of the Territories and renders technical and financial assistance to the States, to the Federal District, and to the Municipalities for the development of their education systems and provision of compulsory schooling on a priority basis.

۲. Municipalities act on a priority basis in elementary and pre-school education.

Article ۲۱۲: Budget

۰. The Republic shall each year apply not less than eighteen percent, and the States, the Federal District, and the Municipalities at least twenty-five percent of the tax revenues, including revenues resulting from transfers, in the maintenance and development of education.

۱. The share of tax revenues transferred from the Republic to the States, Federal District, and Municipalities or from the States to the respective Municipalities shall not be considered, for purposes of the calculation provided for in this article, as revenues of the government making such transfers.

۲. For purposes of complying with the main provision of this article, the federal, state, and municipal education systems and the funds employed pursuant to Article ۲۱۳ shall be taken into consideration.

۳. In the distribution of public funds, priority shall be given to meeting the needs of compulsory education pursuant to the national education plan.

۴. The supplementary food and health assistance programs foreseen in Article ۲۰۸ VII shall be financed with funds derived from social contributions and other budgetary funds.

۵. An additional source of funds for public elementary education shall be the education salary contribution paid, pursuant to the law, by companies, which may deduct from it the funds invested in elementary education for their employees and dependents.

Article ۲۱۳: Public Funds

۰. Public funds are allocated to public schools, and may be channelled to community, religious, or philanthropic schools, as defined in the law, which:

I. prove that they do not seek a profit and invest their surplus funds in education;

II. ensure that their equity is assigned to another community, philanthropic, or religious school or to the Government in the event they cease their activities.

۱. The funds referred to in this article may be allocated to elementary and secondary school scholarships, pursuant to the law, for those who prove that they do not have sufficient funds, whenever there are not vacancies or regular courses in the public school system of the place where the student lives, the Government being required to invest, on a priority basis, in the expansion of its network in that place.

۲. Research and extension activities at university level may receive financial support from the Government.

Article ۲۱۴: National Plan

The law shall lay down the pluriannual national education plan aimed at coordination and development of education at its various levels and at integration of Government action leading to:

I. eradication of illiteracy;

II. universalization of school assistance;

III. improvement of teaching quality;

IV. professional training;

V. humanistic, scientific and technological development if Brazil.

Section II

Culture

Article ۲۱۵: Culture, Right to access

۰. The State ensures a person full exercise of their cultural rights and access to sources of national culture and supports and encourages the appreciation and diffusion of cultural manifestations.

۱. The State protects manifestations of popular, Indian, and Afro-Brazilian cultures and those of other groups participating in the Brazilian civilization process.

۲. The law rules the determination of highly significant commemorative dates for the various national ethnic segments.

Article ۲۱۶: Cultural Heritage

۰. The Brazilian cultural heritage consists of assets of material and immaterial nature, considered either individually or as a whole, which bear reference to the identity, action, and memory of the various groups of Brazilian society, which include:

I. forms of expression;

II. forms of creating, doing, and living;

III. scientific, artistic, and technological creations;

IV. works, 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.

۱. The Government shall, with the community"s cooperation, promote and protect Brazilian cultural heritage by means of inventories, records, surveillance, monument decrees, expropriation, and other forms of precaution and preservation.

۲. It is incumbent upon the Government, pursuant to the law, to take care of governmental documents and to take action to make them available for consultation by whomever may need to do so.

۳. The law shall establish incentives for the production and knowledge of cultural assets and values.

۴. Damages and threats to cultural heritage shall be punished according to the law.

۵. All documents and sites bearing historical reminiscences of the old "quilombos" (hiding place of fugitive black slaves) are preserved as historical assets and monuments.

Section III

Sports

Article ۲۱۷: Sports, Practice, Associations

۰. It is the duty of the State to foster the practice of formal and informal sports, as each individual"s right, with due regard for:

I. the autonomy of controlling sports entities and associations as to their organization and operation;

II. the allocation of public funds in order to promote, on a priority basis, educational sports and, in specific cases, high income sports;

III. differentiated treatment for professional and non-professional sports;

IV. the protection and encouragement of national sports events.

۱. The Judiciary only hears legal actions related to sports discipline and competitions after the instances of the sports courts, as regulated by the law, have been exhausted.

۲. The sports court renders final judgment within at most sixty days as from the date of filing of the action.

۳. The Government shall encourage leisure as a means of social promotion.

Chapter IV

Science and Technology

Article ۲۱۸: Science and Technology

۰. The State promotes and encourages scientific development, research, and technological expertise.

۱. Basic scientific research receive preferential treatment from the State, taking into consideration the public good and the progress of science.

۲. Technological research shall be addressed mainly towards the solution of Brazilian problems and to the development of the national and regional productive system.

۳. The State supports human resources training in the fields of science, research, and technology and affords special working means and conditions to those engaged in such activities.

۴. The law supports and encourages companies which invest in research, in creation of technology appropriate for Brazil, and in training and improvement of their human resources and which adopt compensation systems which ensure employees a share of the economic earnings resulting from the productivity of their work, apart from their salary.

۵. The States and the Federal District may allocate part of their budgetary revenues to public entities that foster education and scientific and technological research.

Article ۲۱۹: Autonomy

The domestic market is part of the national wealth and shall be encouraged so as to permit cultural and social and economic development, well being of the people and technological autonomy of Brazil, pursuant to a federal law.

Chapter V

Social Communication

Article ۲۲۰: Freedom of Communication ways

۰. Expression of thought, creation, speech, and information, in any of their forms, processes or media, shall not be subject to any restriction, with due regard for the provisions of this Constitution.

۱. No law shall contain any provision which may represent an impediment to full freedom of press information in any social communication medium, with due regard for the provisions of Article ۵ IV, V, X, XII, and XIV.

۲. Any and all censorship of a political, ideological, and artistic nature shall be forbidden.

۳. Federal law shall:

I. regulate public entertainments and shows, it being incumbent upon the Government to advise about their nature, the age limits they are not recommended for, and places and times unsuitable for exhibition;

II. determine the legal remedies which afford individuals and families the possibility of defending themselves against radio and television programs or schedules which contravene the provisions of Article ۲۲۱, as well as against publicity of products, practices, and services which may be harmful to the health and environment.

۴. Commercial advertising of tobacco, alcoholic beverages, pesticides, medicines, and therapies shall be subject to legal restrictions pursuant to Item II of the preceding paragraph and shall contain, whenever necessary, a warning concerning the damages caused by the use thereof.

۵. Social communication media may not, directly or indirectly, be subject to monopoly or oligopoly.

۶. The publication of printed communication media shall not require any official license.

Article ۲۲۱: Principles

The production and programming of radio stations and television channels shall comply with the following principles:

I. preference to educational, artistic, cultural, and information purposes;

II. promotion of national and regional culture and encouragement of any independent production aimed at diffusion thereof;

III. regional 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 ۲۲۲: Broadcasting

۰. Newspaper and sound and image broadcasting companies shall be owned exclusively by native Brazilians or those naturalized for more than ten years, who shall be responsible for the management and intellectual guidance thereof.

۱. Legal entities shall not participate in the capital stock of journalistic or radio broadcasting companies, except for political parties and for corporations, the capital of which is exclusively and nominally owned by Brazilians.

۲. The participation referred to in the preceding paragraph may only take place through non-voting capital and shall not exceed thirty percent of the capital stock.

Article ۲۲۳: Executive Branch

۰. 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.

۱. Congress shall examine such act within the time limit set forth in Article ۶۴ ۲. and ۴. as from the date of receipt of the message.

۲. Non renewal of a concession or permission shall depend upon approval by at least two fifths of Congress in an open ballot.

۳. The act of granting or renewal shall only be legally effective after approval by Congress pursuant to the preceding paragraphs.

۴. Cancellation of a concession or permission prior to its expiry date shall depend upon a court decision.

۵. The term of a concession or permission shall be ten years for radio stations and fifteen years for television channels,

Article ۲۲۴: Agency

For the purposes of the provisions contained in this chapter, Congress shall institute, as its ancillary agency, the Social Communication Council pursuant to the law.

Chapter VI Environment

Article ۲۲۵: Environmental Protection

۰. All persons are entitled to an ecologically balanced environment, which is an asset for the people"s common use and is essential to healthy life, it being the duty of the Government and of the community to defend and preserve it for present and future generations.

۱. In order to ensure the effectiveness of this right, it is incumbent upon the Government to:

I. preserve and restore essential ecological processes and provide ecological handling of the species and ecosystems;

II. preserve the variety and integrity of Brazil"s genetic wealth and supervise entities engaged in research and handling of genetic material;

III. determine, in all units of the Federation, territorial spaces and components which are to receive special protection, any alteration and suppression only being allowed by means of a law, and any use which adversely affects the integrity of the attributes which justify their protection being forbidden;

IV. demand, according to the law, for the installation of works or activities which may cause significant degradation of the environment, a prior environment impact study, which shall be made public;

V. control the production, marketing, and use of techniques, methods, and substances which represent a risk to life, to the quality of life, and to the environment;

VI. promote environmental education at all school levels and public awareness of the need to preserve the environment;

VII. protect the fauna and the flora, all practices which jeopardize their ecological function, cause the extinction of species or subject animals to cruelty being forbidden according to the law.

۲. Those who explore mineral resources shall be required to restore the degraded environment according to the technical solution required by the proper government agency, according to the law.

۳. Conduct and activities considered harmful to the environment shall subject the individual or corporate wrongdoers to penal and administrative sanctions, in addition to the obligation to repair the damages caused.

۴. The Brazilian Amazon Forest, the Atlantic Woodlands, the "Serra do Mar", the "Pantanal Mato Grossense" and the Coastline are part of the national wealth, and they shall be used, according to the law, under conditions which ensure preservation of the environment, including the use of natural resources.

۵. Vacant governmental lands or lands seized by the States through discriminatory actions, which are necessary to protect natural ecosystems, are inalienable.

۶. Power plants operated by nuclear reactor shall have their location defined in a federal law and may otherwise not be installed.

Chapter VII

Family, Children, Adolescents, and Elderly

Article ۲۲۶: Family

۰. The family, the foundation of society, enjoys special protection from the state.

۱. Marriage is civil and the marriage ceremony is free of charge.

۲. Church marriage has civil effects according to the law.

۳. For purposes of State protection, a stable union between a man and a woman as a family unit shall be recognized and the law shall facilitate conversion of such unions into marriage.

۴. The community formed by any parent and his/her descendants is also considered a family unit.

۵. The rights and duties of matrimonial society shall be exercised equally by men and women.

۶. Civil marriage may be dissolved by divorce, after legal separation for more than one year in the cases foreseen in the law, or after "de facto" separation for more than two years.

۷. Based upon the principles of human dignity and responsible parenthood, family planning is a free option of the couple, it being incumbent upon the State to provide educational and scientific resources for the exercise of such right and any coercion on the part of official or private institutions being forbidden.

۸. The State shall ensure assistance the family in the person of each of its members and shall create mechanisms to suppress violence in family relationships.

Article ۲۲۷: Children and Teenagers

۰. It is the duty of the family, of society, and of the State to ensure children and adolescents, with absolute priority, the right to life, health, food, education, leisure, professional training, culture, dignity, respect, freedom, and family and community life, in addition to safe guarding them against all forms of negligence, discrimination, exploitation, violence, cruelty, and oppression.

۱. The State shall provide full health assistance programs for children and adolescents, allowing the participation of non-governmental entities and complying with the following precepts:

I. allocation of a percentage of public funds to mother and child health assistance;

II. creation of preventive and specialized care programs for the physically, sensorially, or mentally handicapped, a well as programs for the social integration of the handicapped adolescent by means of training for a profession and communal life, and providing of access to public facilities and services by eliminating prejudices and architectonic obstacles.

۲. The law shall provide standards for the construction of public sites and buildings and the manufacturing of public transportation vehicles so as to ensure appropriate access to the handicapped.

۳. The right to special protection shall encompass the following aspects:

I. minimum age of fourteen years to be admitted to work, with due regard for the provisions of Article ۷ XXXIII;

II. guarantee of social security and labor rights;

III. guarantee of access to school for the adolescent worker;

IV. guarantee of full and formal knowledge of the determination of an offense, equal rights in procedural relationships and technical defense by a qualified professional, according to the provisions of specific protection legislation;

V. compliance with the principles of brevity, exceptionality, and respect for the specific condition of developing individuals when applying any measure that restrains freedom;

VI. Government encouragement, through legal assistance, tax incentives and subsidies, according to the law, of the protection of orphaned or abandoned children or adolescents through guardianship;

VII. preventive and specialized treatment programs for children and adolescents addicted to narcotics and related drugs.

۴. The law shall severely punish abuse, violence, and sexual exploitation of children and adolescents.

۵. Adoption shall be assisted by the Government, according to the law, which shall determine the cases and conditions for adoption by foreigners.

۶. Children born inside or outside wedlock or adopted shall have the same rights and qualifications and any discriminatory designation regarding their parents shall be forbidden.

۷. In attending to the rights of children and adolescents, the provisions of Article ۲۰۴ shall be taken into consideration.

Article ۲۲۸: Liability of minors

Minors under eighteen years of age may not be held criminally liable, subject to the rules of special legislation.

Article ۲۲۹: Duty of Parents

It is the duty of parents to assist, raise, and educate their minor children, and it is the duty of children of age to help and assist their parents in old age, need or sickness.

Article ۲۳۰: Duty of Society, State, and Family

۰. The family, society, and the State have the duty to assists the elderly, ensuring their participation in the community, defending their dignity and well being, and guaranteeing their right to life.

۱. Assistance programs for the elderly shall be carried out preferable in their homes.

۲. Those over sixty five years of age are guaranteed free urban public transportation.

Chapter VIII

Indians

Article ۲۳۱: Native Populations and Lands

۰. Indians shall have their social organization, customs, languages, creeds, and traditions recognized, as well as their native rights to the lands they traditionally occupy, it being incumbent upon the Republic to demarcate them and protect and ensure respect for all their property.

۱. Lands traditionally occupied by Indians are those on which they live on a permanent basis, those used for their productive activities, those which are indispensable to preserve the environmental resources required for their well being and those necessary for their physical and cultural reproduction, according to their sues, customs, and traditions.

۲. The lands traditionally occupied by Indians are intended for their permanent possession, and they shall be entitled to exclusive use of the riches of the soil, rivers, and lakes existing thereon.

۳. Hydric resources, including energy potential, may only be exploited and mineral riches in Indians lands may only be prospected and mined with the authorization of Congress, after hearing the communities involved, which shall be assured of participation in the mining results in accordance with the law.

۴. The lands referred to in this article are inalienable and indisposable and the rights thereto are not subject to the statute of limitations.

۵. It if forbidden to remove Indian groups from their lands except, "ad referendum" of Congress, in the event of epidemic which represents a risk for their population or in the interest of Brazilian sovereignty, after resolution by Congress, provided that immediate return as soon as the risk ceases shall be ensured under all circumstances.

۶. Acts aiming at occupation, domain and possession of the lands referred to in this article, or at exploitation of the natural riches of the soil, rivers, and lakes existing thereon, are null and void and of no legal effect, except in the case of relevant public interest of the Republic, according to a supplemental act; such nullity and voidness shall not 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.

۷. The provisions of Article ۱۷۴ (۳) and (۴) shall not apply to Indian lands.

Article ۲۳۲: 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.

Title IX

General Constitution Provisions

Article ۲۳۳: Duty of Employers

۰. For the purposes of Article ۷ XXXIX, the rural employers shall every five years produce evidence before the Labor Courts that they have performed their labor obligations toward rural employees, in the presence of the latter and of their union representatives.

۱. Upon evidence that the obligations mentioned in this article have been performed, the employer shall be exempt from any encumbrances deriving from such obligations in the respective period. If the employee and his representative do not agree with the employer"s evidence, the dispute shall be resolved by the Labor Courts.

۲. The employee shall in any case have the right to claim in court the credits which he believes he is entitled to for the last five years.

۳. The evidence mentioned in this article may be provided at intervals of less than five years, at the discretion of the employer.

Article ۲۳۴: Forbidden to the Republic

It is forbidden for the Republic to assume, directly or indirectly, as a result of the creation of a State, burdens related to expenses with inactive personnel and with charges and repayments of domestic and foreign debts of the Government, including the indirect administration.

Article ۲۳۵: New States special provision

During the first ten years after the creation of a State, the following basic rules shall be observed:

I. the Legislative Assembly shall be made up of seventeen Representatives, if the population of the State is less than six hundred thousand inhabitants, and of twenty-four Representatives, if the population is equal to or exceeds that number, up to one million and five hundred thousand inhabitants;

II. the Government may not have more than ten Departments;

III. the Audit Court shall have three members appointed by the elected Governor from among Brazilians of proven good repute and notorious knowledge;

IV. the Higher Court of Justice shall have seven judges;

V. the first judges shall be appointed by the elected Governor, chosen in the following manner:

a. five of them from among judges with more than thirty-five years of age and acting within the are of a new State or of the State which gave origin to the new States;

b. two of them from among public prosecutors, under the same conditions, and attorneys of proven good repute and legal knowledge with at least ten years of professional practice, complying with the procedure set forth in the Constitution;

VI. in the case of a State which was originally a Federal Territory, the first five judges may be chosen from among law judges from any part of Brazil;

VII. in each Judicial District, the first Judge, the first Public Prosecutor, and the first Public Defender shall be appointed by the elected Governor after taking a public competitive examination of tests and titles;

VIII. until the enactment of the State Constitution, the offices of State Attorney General, Advocate General, and Defender General shall be held by lawyers of notorious knowledge, with at least thirty-five years of age, appointed by the elected Governor and removable "ad nutum";

IX. if the new State results from the transformation of a Federal Territory, the transfer of financial charges from the Republic for payment of opting civil servants who belonged to the Federal Administration shall take place as follows:

a. in the sixth year after its creation, the State shall assume twenty percent of the financial charges in order to pay the civil servants, the remainder continuing as the liability of the Republic;

b. in the seventh year, thirty percent shall be added to the State"s 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 shall be regulated by the State Constitution;

XI. budgetary personnel expenses shall not exceed fifty percent of the State"s revenues.

Article ۲۳۶: Registration and Notes

۰. Notary and registration services shall be provided by private entities, by Government delegation.

۱. A law shall regulate the activities, discipline the civil and criminal liability of notaries, or registrars and of their agents, and shall define the supervision of their acts by the Judiciary.

۲. A federal law shall establish the general rules for fixing the fees for the acts performed by notary and registration services.

۳. The commissioning of a notary public and registrar shall depend on a public competitive examination of tests and titles and no office may remain vacant for more than six months without opening a public examination to fill or reallocate such office.

Article ۲۳۷: Ministry of Finance, Trade

Supervision and control of foreign trade, which are essential to the defense of national interests, shall be exercised by the Ministry of Finance.

Article ۲۳۸: Supplemental Law, Oil

The law shall organize the sale and resale of oil and carburetant alcohol fuels and of other fuels derived from renewable raw materials, with due regard for the principles of this Constitution.

Article ۲۳۹: Change of old Acts

۰. The revenues from contributions to the Social Integration Program created by Supplemental Act No. ۷ of September ۷, ۱۹۷۰ and to the Civil Servants Fund created by Supplemental Act No. ۸ of December ۳, ۱۹۷۰, shall, as from the enactment of this Constitution, as established by the law, fund the unemployment insurance program and the bonus referred to in Paragraph ۳. of this article.

۱. At least forty percent of the funds referred to in the main provision of this article shall be allocated to finance economic development programs, through the National Economic and Social Development Bank, with consideration criteria which preserve their value.

۲. The accrued assets of the Social Integration Program and the Civil Servants Fund shall be preserved, maintaining the criteria for withdrawal in the situations set forth in specific laws, except for withdrawal by reason of marriage, the distribution of the revenues referred to in the main provision of this article for deposit in the individual accounts of participants being forbidden.

۳. Employees who receive monthly compensation of up to two minimum wages from employers who contribute to the Social Integration Program or to the Civil Servants Fund are ensured annual payment of a minimum wage, which shall include the income on the individual accounts, in the case of those who already participated in such programs before the date of enactment of this Constitution.

۴. Funding of the unemployment insurance program shall receive an additional contribution from any company in which employee turnover exceeds the average turnover rate of the sector, as established in the law.

Article ۲۴۰: Exclusion Provision

The present compulsory contribution by employers on the payroll, which are intended for private social service and professional training entities linked to the labor union system, are excluded from the provisions of Article ۱۹۵.

Article ۲۴۱: Application of some principle

The principle of Article ۳۹ corresponding to the careers regulated by Article ۱۳۵ of this Constitution, shall apply to career police officers.

Article ۲۴۲: Education Provisions

۰. The principle or Article ۲۰۶ IV does not apply to official educational institutions 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.

۱. The teaching of Brazilian History shall take into account the contribution of the different cultures and ethnic groups to the formation of the Brazilian people.

۲. The "Pedro II School" located in the city of Rio de Janeiro, shall be maintained in the federal sphere.

Article ۲۴۳: Drug Plantations Disappropriation

۰. Land areas in any region of Brazil where illegal plantations of psychotropic plants are found shall be expropriated immediately and used specifically for the settlement of tenant farmers and for the plantation of food and medicinal products, with no indemnity to the owner and without prejudice to other sanctions set forth in the law.

۱. Any and all good of economic value seized as a result of illegal traffic of narcotics and similar drugs shall be confiscated and reverted to the benefit of institutions and persons specialized in the treatment and recovery of addicts and in equipping and funding activities of supervision, control, prevention, and repression of drug traffic crime.

Article ۲۴۴: Transportation

The law shall provide on the adaptation of public sites and buildings and of existing public transportation vehicles, in order to ensure adequate access to the handicapped, pursuant to the provisions of Article ۲۲۷ (۲).

Article ۲۴۵: International Crimes

The law shall provide for the circumstances and conditions under which the Government shall give assistance to the needy heirs and dependents of victims of intentional crimes, without prejudice to the civil liability of the perpetrator of the offense.

Article ۲۴۶: Prohibition of Provisional Measures

The adoption of any provisional measure for the regulation of any article of the Constitution the wording of which has been altered by means of an amendment enacted as of ۱۹۹۵ is forbidden



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