آمار بازدید سایت
کاربران آنلاين: ۱
بازديد امروز: ۹
بازديد روز قبل: ۱۸
بازديد هفته: ۱۴۳
بازديد ماه: ۱۵۴۴
بازديد کل: ۶۲۸۵۵۸۳
آي پي: ۱۹۲.۱۶۸.۰.۱۸۷
قوانين اساسي کشورها > انگليسي > ۱۳۸۷/۰۶/۲۷
۴۵۸ بازدید
 
   

Brazil ۱


Preamble

We, the representatives of the Brazilian People, assembled in the National Constituent Assembly to institute a Democratic State for the purpose of ensuring the exercise of social and individual rights, liberty, security, well being, development, equality and justice as supreme values of a fraternal. pluralist and unprejudiced society, based on social harmony and committed, in the internal and international spheres, to the peaceful solution of disputes, promulgate, under the protection of God, this Constitution of the Federative Republic of Brazil.

Title I

Fundamental Principles

Article ۱: State Principles

۰. The Federative Republic of Brazil, formed by the indissoluble union of States and Municipalities, as well as the Federal District, is a legal Democratic State and is founded on:

I. sovereignty;

II. citizenship;

III. the dignity of the individual;

IV. the social values of work and of free enterprise;

V. political pluralism.

۱. All power emanates from the people, who exercise it by means of elected representatives or directly, according to this Constitution.

Article ۲: State Powers

The Legislative, the Executive and the Judiciary, which are independent of and harmonious among each other, are Branches of the Union.

Article ۳: State Objectives

The fundamental objectives of the Federative Republic of Brazil are:

I. to build a free, just and solidary society;

II. to guarantee national development;

III. to eradicate poverty and marginal living conditions and to reduce social and regional inequalities;

IV. to promote the well being of all, without prejudice as to origin, race, sex, color, age, and any other forms of discrimination.

Article ۴: International Relations

۰. The international relations of the federative Republic of Brazil are governed by the following principles:

I. national independence;

II. prevalence of human rights;

III. self determination of peoples;

IV. non intervention;

V. equality among the States;

VI. defense of peace;

VII. pacific solution of conflicts;

VIII. repudiation of terrorism and racism;

IX. cooperation among people for the progress of mankind;

X. granting of political asylum.

۱. The Federative Republic of Brazil shall seek economic, political, social, and cultural integration of the peoples of Latin America, in order to form a Latin American community of nations.

Title II

Fundamental Rights and Guarantees

Chapter I Individual and Collective Rights and Duties

Article ۵: Equality

۰. All persons are equal before the law, without any distinction whatsoever, and Brazilians and foreigners resident in Brazil are assured of inviolability of the right of life, liberty, equality, security, and property, on the following terms:

I. men and women have equal rights and duties under this Constitution;

II. no one shall be obliged to do or not to do something other than by virtue of law;

III. no one shall be submitted to torture or to inhuman or degrading treatment;

IV. the expression of thought is free, and anonymity is forbidden;

V. the right to answer is ensured, in proportion to the offense, besides compensation for property or moral damages to the image;

VI. freedom of conscience and of belief is inviolable, ensuring the free exercise of religious cults and guaranteeing, as set forth in the law, the protection of places of worship and their rites;

VII. under the terms of the law, the rendering of religious creed or of philosophical or political belief, unless such are claimed for exemption from a legal obligation imposed upon everyone and the person refuses to perform an alternative obligation established by law;

VIII. the expression of intellectual, artistic, scientific and communications activities is free, without any censorship or licence;

IX. the privacy, private life, honor and image of persons are inviolable, and the right to compensation for property or moral damages resulting from the violation thereof is ensured;

X. the home is the inviolable asylum of the individual, and no one may enter it without the dweller"s consent, save in the case of "flagrante delicto" or disaster, or to give help, or, during the day, by court order;

XI. the secrecy of correspondence and of telegraphic, data and telephone communications is inviolable, except, in the latter case, by court order, in the events and in the manner established by the law for purposes of criminal investigation or criminal procedural discovery;

XII. the practice of any work, trade or profession is free, observing the professional qualifications which the law may establish;

XIII. access to information is ensured to everyone and confidentiality of the source is protected whenever necessary forthe professional activity;

XIV. locomotion within the national territory is free in times of peace, and any person may, under the terms of the law, enter it, remain in it or leave it with his or her assets;

XV. all persons may hold peaceful meetings, without weapons, in places open to the public, regardless of authorization, provided that they do not frustrate another meeting previously called for the same place, subject only to prior notice to the proper authority;

XVI. full freedom of association for lawful purposes is granted, any paramilitary association being forbidden;

XVII. the creation of associations and, set forth in the law, of cooperatives, does not require any authorization by the state;

XVIII. associations may only be compulsorily dissolved or have their activities suspended by court decision, and, in the first case, only if the decision is final and unappealable;

XIX. no one can be compelled to become associated or to remain associated;

XX. associations, when expressly authorized to do so, are entitled to represent their members in and out of court;

XXI. the right to own property is guaranteed;

XXII. ownership of property shall attend to its social function;

XXIII. the law shall establish the procedure of expropriation for public use or need, or for social interest, against just and prior compensation in money, with the exception of the cases set forth in this Constitution;

XXIV. in the event of imminent public danger, the proper authority may make use of private property, and the owner shall be assured of subsequent compensation, in case of damages;

XXV. small rural properties, as defined by law, whenever they are explored by the family, are not subject to attachment for the payment of debts incurred by reason of their productive activities, and the law shall provide for the means to finance their development;

XXVI. authors have exclusive rights to use, publish or reproduce their works, and such rights may be conveyed to their heirs for the period which the law may establish;

XXVII. under the terms of the law, the following is ensured:

a. protection of individual participation in collective works and of reproduction of the human voice and image, including such with regard to sports activities;

b. the right to the authors, performers, and respective trade unions and associations to monitor the economic exploitation of the works which they create or in which they participate;

XXIX. the law shall assure the authors of industrial inventions of a temporary privilege for their use, as well as protection of industrial creations, of ownership of trade marks, of companies names and of other distinctive signs, with due regard for social interests and for the technological and economic development of Brazil;

XXX. the right to inheritance is guaranteed;

XXXI. succession to assets owned by foreigners and located in Brazil shall be governed by Brazilian law, in favor of the Brazilian spouse or children, whenever the personal law of the de cujus is not favorable to them;

XXXII. the State shall provide, as set forth in the law, for the defense of consumers;

XXXIII.all persons are entitled to receive from government agencies information of private interest to such persons or of collective or general interest which shall be provided within the period established by law, subject to liability, with the exception of information whose secrecy is vital to the security of society and of the State;

XXXIV. all persons are ensured, without the payment of fees:

a. the right the petition the public authorities in defending rights or against illegal acts or abuse of power;

b. the obtaining of certificates from government departments, in order to defend rights and clarify situations of personal interest;

XXXV. the law shall not exclude from review by the Judiciary any violation of or threat to a right;

XXXVI. the law shall not impair a vested right, a perfect juridical act, and the principle of res judicata;

XXXVII. there shall be no extraordinary court or tribunal;the institution of the jury is recognized, with the organization attributed to it by the law, and the guarantee of:

a. full defense;

b. secret voting;

c. sovereignty of the verdicts;

d. jurisdiction to adjudicate intentional crimes against life;

XXXIX. there is no crime without a previous law which defines it, nor is there any punishment without a previous legal imposition; any punishment without a previous legal imposition;

XL. the penal law shall not be retroactive, except to the benefit of the defendant;

XLI. the law shall punish any discrimination against fundamental rights and liberties;

XLII. the practice of racism is a crime not entitled to bail or to the statute of limitations, and subject to imprisonment, according to the law;

XLIII. the law shall consider the practice of torture, unlawful traffic of narcotics and similar drugs, terrorism and crimes defined as heinous crimes to be crimes not entitled to bail and to mercy or amnesty, and the principals, the accessories and those who, although able to avoid them, abstain from doing so, shall be held liable;

XLIV. the acts of civilian or military armed groups, against the constitutional and democratic order, are crimes not entitled to bail or subject to the statute of limitations;

XLV. no sentence shall pass from the person of the convict, but the liability for damages and a decree of loss of assets may, under the terms of the law, be extended to the successors and enforced against them up to the limit of the value of the assets transferred;

XLVI. the law shall regulate the individualization of punishment and shall adopt, inter alia the following:

a. deprivation or restriction of freedom;

b. loss of assets;

c. fines;

d. alternative social obligation;

e. suspension or prohibition of rights;

XLVII. there may be no sentence:

a. of death, except in the event of declared war, according to Article ۸۴ XIX;

b. of life imprisonment;

c. of hard labor;

d. of banishment;

e. which is cruel.

XLVIII. the sentence shall be served in separate establishments, according to the nature of the criminal offence, the age, and the sex of the convict;

XLIX. convicts are assured of respect for their physical and moral integrity;

L. female convicts are allowed to keep their children with them during the period in which they are breast feeding;

LI. no Brazilian may be extradited, except for naturalized Brazilians in the case of a common crime committed before naturalization, or proven involvement in the unlawful traffic of narcotics and similar drugs, as set forth in the law;

LII. extradition of a foreigner for a political or ideological crime may not be granted;

LIII. no one shall be sued or sentenced other than by the proper authority;

LIV. no one may be deprived of his or her freedom or assets without due process of law;

LV. litigants in court or administrative proceedings and defendants in general are assured of the use of the adversary system and of full defense, with the means and remedies inherent thereto;

LVI. evidence obtained through unlawful means is inadmissible in the proceedings;

LVII. no one may be considered guilty until the criminal sentence has become final and unappealable;

LVIII. a person who has undergone civil identification shall not be subjected to criminal identification, except in the cases set forth in the law;

LIX. private prosecution against public offenses shall be admitted if public prosecution is not filed within the period established by law;

LX. the law may only restrict publicity of procedural acts when it is necessary to defend privacy or social interests; LXI. no one may be arrested except in flagrante delicto or by written and substantiated order of a proper judicial authority, except in the case of a military offense or a strictly military crime, as defined by law; LXII. the arrest of any person and the place where he or she is being held must immediately be communicated to the proper judge and to the arrested person"s family or to the person designated by him or her;

LXI. LXIII. the arrested person has to be informed of his or her rights, amongst which is the right to remain silent, and the arrested person shall be assured of the assistance of his or her family and of legal counsel;

LXII. LXIV. the arrested person is entitled to identification of the persons responsible for his or her arrest or police interrogation;

LXIII. an illegal arrest must immediately be remitted by the judicial authority;

LXIV. no one may be taken to prison or held therein when the law admits release on own recognizance, with or without bail;

LXV. there shall be no civil arrest for indebtedness, save for that of a person liable for voluntary and inexcusable default on an alimony obligation and that of an unfaithful trustee;

LXVI. the right to habeas corpus is granted whenever someone suffers or believes he or she is threatened by violence or coercion in his or her freedom of movement, by illegal act, or abuse of power;

LXVII. a writ of mandamus shall be issued to protect a clear legal right which is not protected by habeas corpus or habeas data, when the party responsible for the illegal act or abuse of power is a public authority or an agent of a legal entity performing government duties;

LXVIII. a collective writ of mandamus may be filed by:

a. a political party, represented in Congress;

b. a trade union, professional entity, or association legally organized and in operation for at least one year, to defend the interests of its members or associates;

LXVII. an injunction shall be issued whenever the absence of regulations makes it unfeasible to exercise the constitutional rights and liberties and the prerogatives inherent to nationality, sovereignty, and citizenship;

LXVIII. the right to habeas data is granted:

a. to ensure knowledge of information relating to the person of the petitioner, contained in records or data banks of government entities or of public entities;

b. for the correction of data, if the petitioner does not prefer to do so through confidential, judicial, or administrative proceedings;

LXXIII. any citizen has standing to institute an action seeking to annul an act to the public property or to property pertaining to an entity in which the State participates, to administrative morality, to the environment, and to historical and cultural monuments, and the plaintiff shall, except in the vent of proven bad faith, be exempt from court costs and from the burden of loss of suit;

LXXIV. the State has to provide full and gratuitous legal assistance to whoever proves not to have sufficient funds;

LXXV. the State shall indemnify a person convicted by a judicial error, and also convict who remains imprisoned longer than the period established in the sentence;

LXXVI. the following shall be gratuitous for persons known to be poor, as set forth in the law:

a. civil registration of birth;

b. death certificates;

LXXVII. habeas corpus and habeas data proceedings and, set forth in the law,the acts required to exercise citizenship are gratuitous.

۱. The provisions defining fundamental rights and guarantees are applicable immediately.

۲. The rights and guarantees established in this Constitution do not preclude others arising out of the regime and the principles adopted by it, or out of international treaties to which the Federative Republic of Brazil is a party.

Chapter II

Social Rights

Article ۶: Basic principles

Education, health, work, leisure, security, social security, protection of motherhood and childhood, and assistance to the destitute, are social rights under this Constitution.

Article ۷: The Rights

۰. The following are rights of city and rural workers, notwithstanding any others that seek to improve their social condition:

I. employment protected against arbitrary dismissal or against dismissal without cause, according to a supplemental law which shall establish severance payment, among other rights;

II. unemployment insurance, in the event of involuntary unemployment;

III. unemployment compensation fund;

IV. a minimum wage nationwide, established by law, capable of satisfying their basic living needs and those of their families with housing, food, education, health, leisure, clothing, hygiene, transportation, and social security, with periodical adjustments to maintain its purchasing power, it being forbidden to bind it for any purpose;

V. a salary floor in proportion to the extent and complexity of the work;

VI. irreducibility of salary or wage, except when provided for in collective agreements or covenants;

VII. guarantee of salary or wage never below the minimum wage, for those receiving variable compensation;

VIII. a thirteenth salary based on the full compensation or on the pension payment;

IX. compensation for night work above that for daytime work;

X. salary protection, as established by law, malicious withholding of a salary being considered a crime;

XI. participation in the profits or results, independent of compensation, and, exceptionally, participation in the management of the company, as defined by law;

XII. family allowance for their dependents;

XIII. normal work hours not exceeding eight hours per day and forty-four hours per week, with the option to set off work hours and reduce the work day through an agreement or a collective bargaining covenant;

XIV. a work day of six hours for work carried out in uninterrupted shifts, unless otherwise established by collective bargaining;

XV. paid weekly leave, preferably on Sundays;

XVI. compensation for overtime work at least fifty per cent above the compensation for normal work;

XVII. annual vacation with compensation at least one third above the normal salary;

XVIII. maternity leave without loss of job and of salary, for a period of one hundred and twenty days;

XIX. paternity leave, under the terms established by law;

XX. protection of the work market for women through specific incentives according to the law;

XXI. prior notice of dismissal in proportion to period of service, but at least thirty days, under the terms of the law;

XXII. reduction of work risks by means of health, hygiene, and safety rules;

XXIII. additional compensation for unhealthy or dangerous work, as established by law;

XXIV. retirement pension;

XXV. gratuitous assistance for the children and dependents from birth to six years of age, in day care centers and kindergartens;

XXVI. recognition of covenants and of collective bargaining agreements;

XXVII. protection by virtue of automation, as established by law;

XXVIII.work accident insurance, under the responsibility of the employer, without excluding the indemnity for which the employer is liable, in the event of malice or fault;

XXIX. legal action for credits arising out of employment, with a statute of limitations:

a. of five years for city workers, up to the limit of two years after ending the employment contract;

b. of up to two years after ending the contract, for rural workers;

XXX. prohibition of any difference in salary, in performance of duties, and in hiring criteria by reason of sex, age, color, or marital status;

XXXI. prohibition of any discrimination with respect to salary and hiring criteria for handicapped workers;

XXXII. prohibition of any distinction between manual, technical, and intellectual labor or between the respective professionals;

XXXIII.prohibition of night, dangerous, or unhealthy work for minors under eighteen years of age, and of any work for minors under fourteen years of age, except as an apprentice;

XXXIV.equal rights for workers with a permanent employment bond and sporadic workers.

۱. The category of domestic workers is assured of the rights set forth in Items IV, VI, VIII, XV, XVII, XVIII, XIX, XXI and XXIV, as well as integration into the social security system.

Article ۸: Work and trade union

۰. Professional or trade union association is free, with due regard for the following:

I. the law may not require State authorization for a trade union to be founded, except for registration with the proper agency, it being forbidden to the Government to interfere and intervene in trade union organization;

II. it is forbidden to create more than one trade union organization, of any level, representing a professional or economic category, in the same territorial base, which shall be defined by the interested workers or employers, which base may not cover less than the area of one Municipality;

III. it is incumbent upon the trade union to defend the collective or individual rights and interests of the category, including in court or administrative disputes;

IV. the general meeting shall establish the contribution which, in the case of a professional category, shall be discounted from the payroll, to support the confederative system of the respective trade union representation, regardless of the contribution set forth in the law;

V. no one shall be required to become a member or to remain a member of a trade union;

VI. it is compulsory for the trade unions to take part in collective labor bargaining;

VII. retired members shall be entitled to vote and be voted on in trade union organizations;

VIII. dismissal of an employee who is a union member is forbidden as from the moment when he or she registers as a candidate for a position of union leader or representative and, if elected, even as an alternate, until one year after termination of his or her term of office, unless he or she commits a serious fault under the terms of the law.

۱. The provisions of this article apply to the organization of rural trade unions and of fishing communities, with due regard for the conditions established by law.

Article ۹: Strike

۰. The right to strike is guaranteed, and it is incumbent upon the workers to decide on the advisability of exercising it and on the interests to be defended thereby.

۱. The law defines which services or activities are essential and provides for the community"s basic needs to be satisfied.

۲. In cases of abuse, the responsible parties are to be submitted to the penalties of the law.

Article ۱۰: Representation

The participation of workers and employers is ensured in the collegiate bodies of government agencies in which their professional or social security interests are the subject of discussion and resolution.

Article ۱۱: Authority of the representative

In companies having more than two hundred employees, the election of an employee representative is ensured for the exclusive purpose of furthering direct discussions with their employers.

Chapter III

Nationality

Article ۱۲: Brazilian Nationality

۰. The following are Brazilians:

I. by birth:

a. those born in the Federative Republic of Brazil, even if of foreign parents, provided that they are not in the service of their country;

b. those born abroad, of a Brazilian father or a Brazilian mother, provided that either of them is serving the Federative Republic of Brazil;

c. those born abroad, of a Brazilian father or a Brazilian mother, provided that they are registered with a proper Brazilian authority, or those who come to live in Brazil before coming of age and, having come of age, opt for Brazilian nationality at any time;

II. naturalized:

a. those who, as set forth by law, acquire Brazilian nationality, and, for persons originating from Portuguese speaking countries, the only requirement being residence for one uninterrupted year and moral integrity;

b. foreigners of any nationality, resident in the Federative Republic of Brazil for over thirty years uninterruptedly and without any criminal conviction, provided that they apply for Brazilian nationality.

۱. The rights inherent to born Brazilians shall be attributed to Portuguese citizens permanently resident in Brazil if Brazilians are afforded reciprocal treatment, except in the events set forth in this Constitution.

۲. The law may not establish any distinction between born and naturalized Brazilians, except in the events set forth in this Constitution.

۳. Only born Brazilians may hold the office of:

I. President and Vice President of the Republic;

II. President of the House of Representatives;

III. President of the Federal Federal Senate;

IV. Justice of the Federal Supreme Court;

V. the diplomatic career;

VI. officer of the Armed Forces.

۴. Loss of nationality shall be declared for a Brazilian who:

I. has his naturalization cancelled by court decision by virtue of an activity detrimental to the national interests;

II. acquires another nationality except in case of:

a. recognition of the original nationality by the foreign legislation;

b. imposition of naturalization by foreign rules, to the Brazilian resident in foreign State, as a condition for him to stay in its territory or for the exercise of civil rights.

Article ۱۳: Language and Federation Symbols

۰. Portuguese is the official language of the Federative Republic of Brazil.

۱. The national flag, anthem, coat of arms, and seal are symbols of the Federative Republic of Brazil.

۲. The States, the Federal District, and the Municipalities may have symbols of their own.

Chapter IV Political Rights

Article ۱۴: Sovereignty of the People and Political Rights of the Citizens

۰. The sovereignty of the people is exercised by universal suffrage, and by direct and secret ballot, with equal value for all, and, according to the law, by:

I. plebiscite;

II. referendum;

III. initiative of the people.

۱. Electoral enrolment and voting are:

I. compulsory for persons over eighteen years of age;

II. optional for:

a. illiterate persons;

b. persons over seventy years of age;

c. persons over sixteen and under eighteen years of age.

۲. Foreigners cannot register as voters and neither can conscripts during their period of compulsory military service.

۳. The conditions for eligibility, according to the law, are the following:

I. Brazilian nationality;

II. Full exercise of political rights;

III. electoral enrolment;

IV. electoral domicile in the district;

V. membership in a political party;

VI. the minimum age of:

a. thirty five years for President and Vice President of the Republic and Senator;

b. thirty years for Governor and Vice Governor of a State and of the Federal District;

c. twenty-one years for Federal, State or District Representative, Mayor, Vice Mayor, and Justice of Peace;

d. eighteen years for City Councilman.

۴. Persons that are illiterate or cannot register as voters are not eligible.

۵. The President of the Republic, the State and Federal District Governors, the Mayors and those that have succeeded them or replaced them during the six months preceding the election, are not eligible to the same offices in the subsequent term.

۶. In order to run for other offices, the President of the Republic, the State and Federal District Governors, and the Mayors shall resign from their respective offices at least six months before the election.

۷. The spouse and relatives by blood or marriage up to the second degree, or by adoption, of the President of the Republic, of the Governor of a State or Territory, or of the Federal District, of a Mayor or those that have replaced them during the six months preceding the election, are not eligible in the jurisdiction of the incumbent, unless they already hold an elective office and are candidates for re-election.

۸. An active member of the armed forces who can register as voter is eligible under the following conditions:

I. if he has served for less than ten years, he shall be on leave from military activities;

II. if he has served for more than ten years, he shall be discharged of military duties by his superiors and, if elected, he shall be automatically retired upon investiture.

۹. A supplemental law shall establish other cases of ineligibility and the periods for such ineligibility to cease, in order to protect normal and legitimate elections from the influence of economic power or abuse in the exercise of an office, position, or job in the direct or indirect administration.

۱۰. Exercise of an elective office may be challenged before the Electoral Courts within a period of fifteen days after investiture, substantiating the suit with evidence of abuse of economic power, corruption, or fraud.

۱۱. The suit challenging the office shall be conducted in secrecy and the plaintiff is liable under the law if the suit is reckless or involves manifest bad faith.

Article ۱۵: Suspension of Political Rights

Disfranchisement of political rights is forbidden, and loss or suspension of such rights shall apply only in the event of:

I. cancellation of naturalization by a final and unappealable judgement;

II. absolute civil incapacity;

III. final and unappealable criminal sentence, as long as its effects last;

IV. refusal to comply with an obligation imposed upon everyone or an alternative obligation, according to Article ۵ VIII;

V. administrative dishonesty, according to Article ۳۷ (۴).

Article ۱۶: Electoral Procedure Laws

The law that alters the electoral procedure comes into force on the date of its publication, and does not apply to the elections that take place within one year of it being in force.

Chapter V Political Parties

Article ۱۷: Political Association

۰. The creation, consolidation, merger and extinction of political parties is free, with due regard for national sovereignty, the democratic regime, plurality of political parties, the fundamental rights of the individual, and observing the following precepts:

I. national character;

II. prohibition from receiving financial assistance from a foreign entity or government or from subordination to same;

III. rendering of accounts to the Electoral Courts;

IV. operation in Congress according to the law.

۱. Political parties are assured of autonomy in defining their internal structure, organization, and operation, and their bylaws shall establish rules of party loyalty and discipline.

۲. After acquiring legal capacity under civil law, political parties shall register their bylaws at the Superior Electoral Court.

۳. Political parties are entitled to funds from the party fund and to gratuitous access to radio and television, as set forth in the law.

۴. Political Parties are forbidden to use paramilitary organizations.

Title III The Organization of the State

Chapter I

The Political and Administrative Organization

Article ۱۸: Organization of Authorities

۰. The political administrative organization of the federative Republic of Brazil comprises the Union, the States, the Federal District, and the Municipalities, all being autonomous under this Constitution.

۱. Brasilia is the Federal Capital.

۲. The Federal Territories are part of the Union, and their creation, transformation into States, or re-integration into the State of origin are governed by a supplemental law.

۳. The States may be merged into each other, subdivided, or split to be annexed to others, or form new States or Federal Territories, subject to the approval of the population directly involved, through a plebiscite, and of Congress, through a supplemental law.

۴. The creation, merger, consolidation, and splitting of Municipalities shall preserve the continuity and historical cultural unity of the urban environment, shall be implemented by a State act, obeying the requirements established in a State supplemental law, and shall depend on prior consultation of the population directly involved, by means of a plebiscite.

Article ۱۹: Forbidden to the State

The Republic, the States, the Federal District, and the Municipalities are forbidden to:

I. establish religious cults or churches, subsidize them, hamper their operation or maintain with them or their representatives relations of dependency or alliance, with the exception of cooperation for the public interest, as set forth in the law;

II. refuse to certify public documents;

III. create differences between Brazilians or preferences between each other.

Chapter II

The Union

Article ۲۰: Propriety of the Union

۰. The following is property of the Union:

I. property belonging to it at present and property that may be attributed to it;

II. unoccupied government lands indispensable for defense of the frontiers, of the forts, and military constructions, of the federal access ways and for preservation of the environment, as defined by the law;

III. the lakes, rivers, and any water courses of any kind on lands owned by the Republic, or which water more than one State, serve as borders with other countries, or run into or from a foreign territory, as well as bank lands and river beaches;

IV. river and lake islands in zones bordering on other countries, sea beaches, ocean and shore islands, the latter excluding the areas referred to in Article ۲۶ II;

V. natural resources of the continental shelf and of the exclusive economic zone;

VI. territorial waters;

VII. tide lands and those added to them;

VIII. hydraulic energy potentials;

IX. mineral resources, including those in the subsoil;

X. natural underground cavities and pre-historical and archaeological sites;

XI. lands traditionally occupied by Indians.

۱. Under the terms of the law, the States, Federal District, and the Municipalities, as well as the agencies of the direct administration of the Republic are assured of participation in the result of the exploitation of petroleum or natural gas, of hydric resources for the purpose of generating electric energy, and of other natural resources in their respective territory, continental shelf, territorial waters, or exclusive economic zone, or financial compensation for such exploitation.

۲. The strip for land with a width of up to one hundred and fifty kilometers along the land frontiers, designated as frontier strip, is considered fundamental for defense of the national territory, and the occupation and use thereof shall be regulated by law.

Article ۲۱: Powers and Responsibilities of the Union

It is incumbent upon the Union:

I. to maintain relations with foreign States and participate in international organizations;

II. to declare war and make peace;

III. to warrant national defense;

IV. to allow, in the events set forth in a supplemental law, foreign forces to cross the national territory or remain in it temporarily;

V. to decree state of siege, state of defense, and federal intervention;

VI. to authorize and monitor the production and trade of war material;

VII. to issue currency;

VIII. to administer Brazil"s foreign exchange reserves and monitor financial transactions, especially credit, foreign exchange and capitalization, as well as those of insurance and private pension plans;

IX. to prepare and carry out national and regional plans for ordaining the territory and for economic and social development;

X. to maintain the post service and national air mail;

XI. operate, directly or through authorization, concession or permission, the telecommunications services, as set forth by law, which law shall provide for the organization of the services, the establishment of a regulatory agency and other institutional issues;

XII. operate, directly or through authorization, concession or permission:

a. the services of sound broadcasting and of sound and image broadcasting;

b. electric services and facilities and energetic use of water courses, in cooperation with the States in the hydro energetic potentials are located;

c. air and aerospace navigation and airport infrastructure;

d. railway and waterway transportation services between Brazilian ports and national frontiers or beyond the State or Territory borders;

e. services of interstate and international highway transportation of passengers;

f. sea, river, and lake ports;

XIII. to organize and maintain the Judiciary Branch, the Attorney General"s office and the Public Defender"s Office of the federal District and of the Territories;

XIV. to organize and maintain the federal police, the federal highway and railway and police, as well as the civic police, the military police and the military fire brigades of the Federal District and of the Territories;

XV. to organize and maintain official statistical, geographical, geological and mapping services of national scope;

XVI. to classify, for purposes of indication, public amusements, and radio and television programs censorship being forbidden;

XVII. to grant amnesty;

XVIII. to plan and promote permanent defense against public calamities, especially droughts and floods;

XIX. to institute a national system for the management of hydric resources and define criteria for granting rights to the use thereof;

XX. to institute guidelines for city development, including housing, basic sanitation, and city transportation;

XXI. to establish principles and guidelines for the national transportation system;

XXII. to carry out maritime, air, and frontier police services;

XXIII. to operate nuclear facilities and services of any nature and exercise state monopoly over research, mining, enrichment, and reprocessing, industrialization, and trade of nuclear ore and their byproducts, complying with the following principles and conditions:

a. all nuclear activity within the national territory shall be subject to approval by Congress;

b. under a concession or permission, authorization may be granted for the use of radiosotopes for research and use in medicine, agriculture, industry and like activities;

c. civil liability for nuclear damages does not depend on the existence of fault;

XXIV. to organize, maintain and carry out inspection of working conditions;

XXV. to establish the areas and conditions for the conduct of gold digging activities in activities in associative form.

Article ۲۲: Legislative Exclusivity

۰. It is incumbent exclusively upon the Union to legislate on:

I. civil, commercial, penal, procedural, electoral, agrarian, maritime, aeronautical, space, and labor law;

II. expropriation;

III. civilian and military requisitioning, in the event of imminent danger and in times of war;

IV. waters, energy, informatics, telecommunications, and radio broadcasting;

V. post service;

VI. monetary and measures system, metal certificates and guarantees;

VII. policy for credit, foreign exchange, insurance, and transfer of valuables;

VIII. foreign and interstate trade;

IX. guidelines of the national transportation policy;

X. regime of the ports and lake, river, ocean, air, and aerospace navigation;

XI. traffic and transportation;

XII. mineral deposits, mines, other mineral resources, and metallurgy;

XIII. nationality, citizenship, and naturalization;

XIV. Indian populations;

XV. emigration, immigration, entry, extradition, and expulsion of foreigners;

XVI. organization of the national employment system and conditions for practising professions;

XVII. organization of the Judiciary, of the Attorney General"s Office and of the Public Defender"s Office of the Federal District and of the Territories, as well as the administrative organization thereof;

XVIII. national statistical system and mapping and geology system;

XIX. systems for savings, as well as obtaining and guaranteeing public savings;

XX. consortium and raffle systems;

XXI. general organization rules, troops, war materials, guarantees, enlisting, and mobilizing military police forces and military fire brigades;

XXII. jurisdiction of the federal police and of the federal highway and railway police;

XXIII. social security;

XXIV. guideline and bases for national education;

XXV. public registries;

XXVI. nuclear activities of any nature;

XXVII. general rules for all kinds of bidding and contracting, for the direct and indirect government administration, including foundations instituted and maintained by the Government, in its different spheres, and companies under its control;

XXVIII.territorial defense, aerospace defence, maritime defence, civil defence, and national mobilization;

XXIX. commercial advertising;

۱. A supplemental law may authorize the States to legislate on specific questions to the matters listed in this article.

Article ۲۳: Common Powers

۰. It is incumbent, in common, upon the Union, the States, the Federal District, and the Municipalities:

I. to ensure that the Constitution, the laws, and the democratic institutions are complied with and that public property is preserved;

II. to attend to public assistance and health, as well as to protection and guarantee of handicapped persons;

III. to protect documents, works, and other assets of historical, artistic and cultural value, monuments and remarkable natural scenery, as well as archaeological sites;

IV. to prevent works of art and other assets of historical, artistic or cultural value from being taken out of the country, destroyed and decharacterized;

V. to provide means of access to culture, to education and to science;

VI. to protect the environment and fight pollution in any of its forms;

VII. to preserve the forests, fauna, and flora;

VIII. to foment agricultural and livestock production and organize the supply of food;

IX. to promote programs for the construction of housing and the improvement of housing and basic sanitation conditions;

X. to fight the causes of poverty and the factors leading to marginal living conditions, promoting integration of the unprivileged sectors;

XI. to register, monitor, and supervise concessions of rights to research and exploit hydric and mineral resources within their territories;

XII. to establish and implement an educational policy for traffic safety.

۱. A supplemental law shall establish rules for cooperation between the Republic and the States, the Federal District and the Municipalities in view of balanced development and well being on a nation wide basis.

Article ۲۴: Concurrent Legislation

۰. It is incumbent upon the Union, the States, and the Federal District to legislate concurrently on:

I. tax, financial, penitentiary, economic, and city planning law;

II. the budget;

III. commercial registries;

IV. costs of forensic services;

V. production and consumption;

VI. forests, hunting, fishing, fauna, reservation of nature, defense of the soil and natural resources, protection of the environment, and pollution control;

VII. protection of historical, cultural, artistic and touristic monuments, including natural scenic beauties;

VIII. liability for damages to the environment, to consumers, to assets and rights of an artistic, aesthetic, historical and touristic value, including natural scenic beauties;

IX. education, culture, teaching, and sports;

X. creation, operation, and proceedings of the small claims courts;

XI. court procedure;

XII. social security, protection, and defense of health;

XIII. legal assistance and public defense;

XIV. protection and social integration of handicapped persons;

XV. protection of childhood and of youth;

XVI. organization, guarantees, rights and duties of the civil police.

۱. Within the scope of concurrent legislation, the jurisdiction of the Republic is limited to establishing general rules.

۲. The jurisdiction of the Republic to legislate under general rules does not preclude the supplementary jurisdiction of the States.

۳. If there is no federal law on general rules, the States exercises full legislative jurisdiction to provide for their peculiarities.

۴. The supervenience of a federal law over general rules suspends the effectiveness of a State law, to that extent that it is contrary thereto.

Chapter III

The Federated States

Article ۲۵: The States of the Federation

۰. The States are organized and governed by the Constitutions and the laws which they may adopt, with due regard for the principles of this Constitution.

۱. To the States is reserved jurisdiction over the matters not forbidden to them by this Constitution.

۲. The states have the power to operate, directly or by means of concession, the local services of piped gas, as provided for by law, it being forbidden to issue any provisional measure for its regulation.

۳. The States may, by means of a supplemental law, institute metropolitan regions, city agglomerations, and microregions, formed by grouping neighbouring municipalities, in order to integrate the organization, planning and execution of public functions of common interest.

Article ۲۶: Property of the States

The following are included among the property of the States:

I. superficial or underground waters, whether flowing, emerging or in reservoirs, with the exception, in the latter case, as set forth in the law, of those resulting from works carried out by the Republic;

II. areas, on ocean and coastal islands, which are under their domain, excluding those under the domain of the Republic, Municipalities, or third parties;

III. river and lake islands which do not belong to the Republic;

IV. vacant government lands not comprised among those of the Republic.

Article ۲۷: Composition of Legislative

۰. The number of representatives on the State Legislative Assembly is three times the representation of the State on the House of Representatives and, when the number attains thirty-six, is increased by as many Representatives as there are Federal Representatives in excess of twelve.

۱. The term of the State Representatives is four years, and they are subject to the provisions of this Constitution regarding the electoral system, inviolability, immunities, compensation, loss of office, leave of absence, impairments, and enlisting into the Armed Forces.

۲. The remuneration of the State Deputies is established, in each legislative term, for the subsequent one, by the Legislative Assembly, as provided by Articles ۱۵۰ II, ۱۵, III, and ۱۵۳ ۲. I, in the proportion of seventy-five percent, at most, of the remuneration established, in legal tender, for the Federal Deputies.

۳. It is incumbent upon the Legislative Assemblies to provide on their internal regulations, police and administrative services of their secretariat, and to fill the respective offices.

۴. The law provides for public initiative in State legislative proceedings.

Article ۲۸: Executive Branch

۰. The election of the State Governor and Vice Governor, for a term of office of four years, is held ninety days before the end of their predecessors" term of office, and they take office on January ۱st of the subsequent year, observing, otherwise, the provisions of Article ۷۷.

۱. A Governor who assumes another office or function of direct or in direct government administration loses his office, except for offices taken by virtue of a public competitive examination and observing the provisions of Article ۳۸ I, IV, and V.

Chapter IV

The Municipalities

Article ۲۹: The Municipalities

Municipalities are governed by organic law, voted in two rounds, with a minimum interval of ten days between each voting, and approved by two thirds of the members of the City Council, which shall enact it, complying with the principles established in this Constitution and in the Constitution of the respective State and with the following precepts:

I. election of the Mayor, of the Vice Mayor, and of the City Councilmen, for a term of office of four years, through direct and simultaneous elections held throughout the entire country;

II. elections of the Mayor and of the Vice Mayor at least ninety days before the end of the term of office of those who are to be succeeded, subject to the provisions of Article ۷۷ in the event of municipalities with more than two hundred thousand voters;

III. investiture of the Mayor and of the Vice Mayor on January ۱st of the year subsequent to the year of election;

IV. a number of City Councilmen in proportion to the population of the Municipality, observing the following limits:

a. a minimum of nine and a maximum of twenty-one in Municipalities with up to one million inhabitants;

b. a minimum of thirty-three and a maximum of forty-one in Municipalities with over one million and under five million inhabitants;

c. a minimum of forty-two and a maximum of fifty-five in Municipalities with over five million inhabitants;

V. compensation of the Mayor, of the Vice Mayor, and of the Councilmen established by the City Council in each legislature for the subsequent one, with due regard for the provisions of Articles ۳۷ XI, ۱۵۰ II, ۱۵۳ III, and ۱۵۳ ۲. I;

VI. the remuneration of the City Councilmen shall correspond, at the most, to seventy-five percent of the remuneration established, in legal tender, for the State Deputies, except for the provisions of Article ۳۷ XI;

VII. the total expenditure with the remuneration of the City Councilmen may not exceed the amount of five percent of the revenue of the Municipality;

VIII. inviolability of City Councilmen for their opinions, words, and votes while in office and within the jurisdiction of the Municipality;

IX. prohibitions and incompatibilities, while in the office of City Councilmen, similar, where applicable, to the provisions of this Constitution for members of Congress and, of the Constitution of the respective State, for members of the Legislative Assembly;

X. trial of the Mayor before the Court of Appeals;

XI. organization of the legislative and supervisory functions of the City Council;

XII. cooperation of representative associations in municipal planning;

XIII. public initiative in bills of law of specific interest to the Municipality, the city or the districts, through the manifestation of at least five percent of the voters;

XIV. loss of the office of Mayor according to Article ۲۸.۱.

Article ۳۰: Municipal of Self Government

It is incumbent upon the Municipalities:

I. to legislate on matters of local interest;

II. to supplement federal and state legislation where applicable;

III. to institute and collect the taxes coming under their jurisdiction, as well as apply their revenues, regardless of the obligation to render accounts and public trial balance sheets within the periods established by law;

IV. to create, organize, and suppress districts, with due regard for state legislation;

V. to organize and render either directly or by concession or permission, essential public services of local interest, including collective transportation;

VI. to maintain with the technical and financial cooperation of the Republic and State, pre-school education and elementary school programs;

VII. to render, with the technical and financial cooperation of the Republic and State, health services to the population;

VIII. to promote, where applicable, adequate land ordainment through planning and control of use, apportionment, and occupation of the city soil;

IX. to promote the protection of local historical cultural monuments, with due regard for federal and state legislation and supervision.

Article ۳۱: Supervision

۰. Supervision of the Municipality is exercised by the Municipal Legislative Branch, through outside control, and by the internal control systems of the Municipal Executive Branch, as set forth in the law.

۱. Outside control of the City Council is exercised with the assistance of the Audit Courts of the State or Municipality or of the Audit Councils or Courts of the Municipalities, whenever existing.

۲. The prior opinion, issued by the proper agency, on the accounts to be rendered by the Mayor annually, shall only not prevail by a decision of two thirds of the members of the City Council.

۳. The accounts of the Municipalities remain each year available to any taxpayer for sixty days, for examination and evaluation, and any taxpayer may question their legitimacy according to the law.

۴. The creation of new Municipal Audit Courts, Councils, or agencies is forbidden after the promulgation of this Constitution.

Chapter V

The Federal District and the Territories

Section I The Federal District

Article ۳۲: The Federal District Government

۰. The Federal District, which may not be divided into Municipalities, is governed by an organic law, voted in two rounds with a minimum interval of ten days, and approved by two thirds of the Legislative House, which enact it, complying with the principles established in this Constitution.

۱. The legislative jurisdiction reserved to the States and Municipalities is attributed to the Federal District.

۲. The election of the Governor and of the Vice Governor, with due regard for the provisions of Article ۷۷, and of the District Representatives shall coincide with that of the State Governors and Representatives, for a term of office of the same duration.

۳. The provisions of Article ۲۷ apply to the District Representatives and to the Legislative Assembly.

۴. A federal law shall provide for the use, by the Government of the Federal District, of the civil and military police and of the military fire brigade.

Section II

The Territories

Article ۳۳: The Territories of the Republic

۰. The law provides for the administrative and judicial organization of the Territories.

۱. The Territories may be divided into Municipalities, which shall be subject, when applicable, to the provisions of Chapter IV of this Title.

۲. The accounts of the Government of a Territory are submitted to Congress, with the prior opinion of the Audit Tribunal of the Union

۳. In Federal Territories with over one hundred thousand inhabitants, besides the Governor appointed according to this Constitution, there shall be judicial bodies of first and second instances, members of the Attorney General"s Office, and federal public defenders; the law shall provide for the elections of the Territory House and its decision making authority.

Chapter VI Intervention

Article ۳۴: Federal Intervention on States and Federal District

The Republic may not intervene in the States or in the Federal District, except to:

I. a maintain national integrity;

II. fight back a foreign invasion or invasion of one unit of the Federation in another;

III. put an end to a serious jeopardy to public order;

IV. guarantee the free exercise of any of the Branches in the units of the Federation;

V. reorganize the finances of a unit of the Federation which:

a. suspends payment of a consolidated debt for more than two consecutive years, except in the event of force majeure;

b. fails to deliver to the Municipalities tax revenues established in this Constitution, within the periods of time established by law;

VI. provide for the enforcement of a federal law, court order, or decision;

VII. ensure compliance with the following constitutional principles:

a. republican form, representative system, and democratic regime;

b. the rights of the individual;

c. municipal autonomy;

d. rendering of accounts of the direct and indirect government administration.

Article ۳۵: Intervention in a Municipality

The State may not intervene in its Municipalities, and neither the Republic in the Municipalities located in a Federal Territory, unless:

I. the consolidated debt is not paid for two consecutive years, except for reasons of force majeure;

II. the proper accounts are not rendered, according to the law;

III. the minimum required amount of municipal revenues has not been applied in the maintenance and development of education;

IV. the Court of Appeals grants a petition to ensure compliance with principles indicated in the State Constitution or for enforcement of a law, court order or decision.

Article ۳۶: Rules of Procedure

۰. A decree of intervention shall depend:

I. in the event of Article ۳۴ IV, on a request from the coerced or impeded Legislative or Executive, or in a requisition from the Federal Supreme Court, if the coercion is exerted against the Judiciary;

II. in the event of a court order or decision, on a requisition from the Federal Supreme Court, the Superior Court of Appeals, or the Superior Electoral Court;

III. on the Federal Supreme Court granting a petition from the Attorney General of the Republic, in the event of Article ۳۴ VII;

IV. on the Superior Court of Appeals granting a petition from the Attorney General of the Republic, in the case of refusal to enforce a federal law.

۱. The decree of intervention, which shall specify the extent, the period and the conditions of enforcement and which, if applicable, shall appoint the intervenor, shall be submitted to review by Congress or the State Legislative Assembly within twenty four hours.

۲. If Congress or the Legislative Assembly are not in session, an extraordinary session shall be called within the same twenty four hours.

۳. In the events of Article ۳۴ VI and VII, or of Article ۳۵ VI, upon waiver of review by Congress or by the Legislative Assembly, the decree shall be limited to staying execution of the challenged act, if such measure is sufficient to restore normality.

۴. When the reasons for the intervention cease, the authorities removed from their offices shall return to them, unless there is a legal impediment.

Chapter VII

Public Administration

Section I

General Provisions

Article ۳۷: General Basis

۰. The direct or indirect government administration of any of the Branches of the Republic of the States, of the Federal District and of the Municipalities, as well as any of their foundations, shall obey the principles of lawfulness, impersonality,morality, publicity, and also the following:

I. Public offices, positions, and functions are accessible to Brazilians who satisfy the requirements established by law;

II. investiture in a public office or position depends on prior approval in a public competitive examination of tests or of tests and titles, except for appointment to a commission office declared by law to be free for appointment and discharge;

III. the period validity of a public examination is up to two years, extendable once for a like period;

IV. during the unextendable period set forth in the public call notice, a person approved in a public competitive examination of tests or of tests and titles shall be called, with priority over new approved applicants, to assume an office or position in the career;

V. commission offices and bonafide functions are exercised preferentially, by civil servants holding a technical or professional career office, in the events and on the conditions set forth in the law;

VI. civil servants are assured of the right to free union association;

VII. the right to strike is exercised under the terms and within the limits defined in a supplemental law;

VIII. the law reserves a percentage of public offices and positions for handicapped persons and defines the criteria for hiring them;

IX. the law establishes the cases of hiring a given person for a period of time in order to attend to a temporary need of exceptional public interest;

X. general review of the compensation of government employees, without distinction of indices between civil and military servants, shall always take place on the same date;

XI. the law establishes the maximum limit and proportion between the highest and lowest compensation of government employees, observing, as maximum limits and within the sphere of respective authority, the amounts received as any kind of compensation, in legal tender, by members of Congress, Ministers of State, and Justices of the Federal Supreme Court and the corresponding offices in the States, Federal District, and Territories, and, in the Municipalities, the amounts received as compensation, in legal tender, by the Mayor;

XII. the compensation for the offices of the Legislative and of the Judiciary may not be higher than the compensation paid for the Executives;

XIII. it is forbidden to link or equalize salaries, for purposes of compensating personnel in the public service, excepting the provisions of the preceding item and of Article ۳۹ ۱.;

XIV. pecuniary raises received by a government employee is not computed or accumulated, for purposes of granting subsequent raises, on the same account or on an identical basis;

XV. the salaries of civil and military servants are irreducible and their compensation shall comply with the provisions of Articles ۳۷ XI, XII, ۱۵۰ II, ۱۵۳ III, and ۱۵۳ ۲. I;

XVI. remunerated accumulation of public offices is forbidden, except, when the working hours are compatible:

a. of two positions of teacher;

b. of one position of teacher with another technical or scientific position;

c. of two exclusively medical positions;

XVII. the accumulating prohibition extends to positions and functions and includes autonomous governments entities, public companies, mixed capital companies, and foundations maintained by the Government;

XVIII. the financial administration and its fiscal servants shall, within their spheres of authority and jurisdiction, enjoy precedence over the other administration sectors, as set forth in the law;

XIX. a public company, a mixed capital company, an autonomous government entity or a public foundation may only be organized through a specific law;

XX. the organization of subsidiaries of the entities mentioned in the preceding item requires legislative authorization in each case, as also participation by any of them in a private company;

XXI. except for the cases specified in the law, public works, services, purchases, and disposals shall be contracted by public bidding, ensuring equal conditions to all bidders, with clauses that establish payment obligations, maintaining the effective conditions of the bid, according to the law, which shall only allow requirement of technical and economic qualifications essential to secure performance of the obligations.

۱. The publicity of government agencies acts, programs, public works, services, and campaigns shall be of an educational, informative, or social orientation character, and may not include names, symbols, or images representing personal promotion of government authorities or employees.

۲. Non compliance with the provisions of items II and III results in nullity of the act and punishment of the responsible authority, according to the law.

۳. Complaints relating to the rendering of public services are regulated by law.

۴. Acts of administrative dishonesty result in suspension of political rights, loss of public office, prohibition to transfer personal property an reimbursement to the Public Treasury, in the manner and grading set forth in the law, without prejudice to the applicable criminal action.

۵. The law establishes the statute of limitations for unlawful acts performed by any agent, whether or not a civil servant, which cause losses to the Public Treasury, regardless of the respective claims for reimbursement.

۶. Public entities and private entities rendering public services are liable for the damages caused to third parties, by their agents, in such capacity, ensuring the right of recourse against the liable agent in cases of intent or fault.

Article ۳۸: Servants and Representatives

The following provisions apply to a civil servant exercising an elective office:

I. in the case of a federal, state, or district elective office, he shall leave his office, position of function;

II. if vested in the office of Mayor, he is removed from the office, position, or function, and he may opt for the respective compensation;

III. if vested in the office of City Councilman, and if the working hours are compatible, he receives the benefits of his office, position, or function, without prejudice to compensation for the elective office, and, if there is no such compatibility, the provisions of the preceding item apply;

IV. in any case requiring leave of absence for the exercise of an elective office, his period of service is counted for all legal purposes, except for promotion by merit;

V. for purposes of social security benefits, in the case of leave of absence, the amounts are determined as if he were in activity.

Section II

Civil Servants

Article ۳۹: Civil Servants Regime

۰. The Republic, the States, the Federal District, and the Municipalities institute, within their jurisdiction, a sole juridical regime and career plans for the servants of the direct government administration, of autonomous government entities, and of public foundations.

۱. The law ensures, to direct administration servants, equal salaries for offices with equal or similar duties in the same Branch or between servants of the Executive, Legislative, and Judiciary Branches, except for individual advantages and those relative to work nature or location.

۲. The provisions of Article ۷ IV, VI, VII, VIII, IX, XII, XIII, XV, XVI, XVII, XVIII, XIX, XX, XXII, XXIII, and XXX apply to the servants.

Article ۴۰: Retirement

۰. A civil servant goes into retirement:

I. for permanent disability, the pension being full when such disability results from a work accident, a professional disease or a serious, contagious or incurable illness, as specified by law, and being proportional in all other cases;

II. compulsorily, at seventy years of age, with a pension proportional to the period of service;

III. voluntarily:

a. upon thirty-five years of service, if a man, and upon thirty years, if a woman, with full pay;

b. upon thirty years of actual teaching activity, if a man, and twenty-five, if a woman, with full pay;

c. upon thirty years of service, if a man, and upon twenty-five, if a woman, with pay in proportion to this period;

d. at sixty-five years of age, if a man, and at sixty, if a woman, with pay proportional to the period of service.

۱. A supplemental law may establish exceptions to the provisions of item II a. and c), in the case of work considered hard, unhealthy, or dangerous.

۲. The law shall provide for retirement in temporary offices or positions.

۳. The period of federal, state, or municipal government service is computed in full for purposes of retirement and of disengagement.

۴. Retirement pension are reviewed, in the same proportion and on the same date, whenever there is a change in the compensation of servants in activity, and any benefits or advantages subsequently granted to servants in activity shall also be extended to retires, including those resulting from transformation or reclassification of the office or function from which they retired, as set forth in the law.

۵. The benefit of pension for death has to correspond to the full amount of compensation or earnings of the deceased servant, up to the limit established by law, with due regard for the provisions of the preceding paragraph.

۶. The retirement and pension benefits of the federal civil servants shall be financed by resources originating from the Union and from the contributions of the civil servants, under the terms of the law.

Article ۴۱: Tenure

Servants appointed by virtue of a public examination acquire tenure after two years of actual service.

۱. A tenured civil servant only loses his or her office by virtue of a final and unappealable court decision or by means of administrative proceedings in which he or she is assured of full defense.

۲. If the dismissal of a tenured servant is voided by a court decision, he or she has to be reinstated and any holder of the vacancy to be taken back to the original office without the right to indemnity, placed in another office or disengaged.

۳. Upon extinction of an office or declaration of its redundancy, a tenured servant shall remain on paid disengagement until his or her adequate placement in another office.

Section III Military Public Servants

Article ۴۲: Military Servants

۰. Members of the Armed Forces are federal military servicemen, and those of the state troops and of the military fire brigades are military servicemen of the respective States, of Territories and of the Federal District.

۱. The ranks, with the prerogatives, rights, and duties inherent to them, are ensured fully to the officers in active service, those of the reserve or in retirement, of the Armed Forces, of the state troops and of the military fire brigade of the States, Territories and Federal District, and they have exclusive rights to military titles, posts and uniforms.

۲. he ranks of officers of the Armed Forces are awarded by the President of the Republic and those of officers of the state troops and military fire brigades of the States, Territories, and Federal District, by their respective Governors.

۳. A member of the Armed Forces in active service is transferred to the reserve if he accepts a permanent civil public office.

۴. A member of the Armed Forces in active service who accepts a temporary public office, position, or function, which is not elective, even in the indirect administration, shall be put on leave, and, as long as he remains in this situation, he may only be promoted through seniority, and his period of service shall be counted only for that promotion and for transfer to the reserve, and, after two years away from active service, whether continuous or not, he shall be retired.

۵. Servicemen are forbidden to join trade unions and to strike.

۶. While in actual service, a servicemen may not belong to political parties.

۷. An officer of the Armed Forces only loses his post and rank if he is judged unworthy of or incompatible with the dignity of being an officer, by decision of a permanent military court, in times of peace, or of a special martial court, in times of war.

۸. An officer sentenced through a final and unappealable judgement in a common or military court to imprisonment for more than two years, is submitted to the trial set forth in the preceding paragraph.

۱۰. The provisions in Article ۴۰ (۴), (۵), and ۶. apply to the servicemen referred to in this article and to their pensioners.

۱۱. The provisions of Article ۴۰ ۴. and ۵. apply to the servicemen referred to in this article and to their pensioners.

۱۲. The provisions of Article ۷ VIII, XII, XVII, XVIII, and XIX apply to the servicemen referred to in this article.

Section IV

The Regions

Article ۴۳: Administrative Regions of the Republic

۰. For administrative purposes, the Republic may coordinate its action in one same social and geoeconomic complex, seeking to achieve its development and to reduce regional differences.

۱. A supplemental law provides for:

I. the conditions for the integration of developing regions;

II. the composition of the regional organizations which shall carry out, as set forth in the law, the regional plans included in the national economic and social development plans and approved together with same.

۲. Regional incentives include, besides others, as set forth in the law:

I. equal tariffs, freight, insurance, and other cost and price items which are the responsibility of the Government;

II. favoured interest rates for financing of priority activities;

III. exemptions, reductions, or temporary deferment of federal taxes due by individuals or by legal entities;

IV. priority in the economic and social use of rivers and dammed or damnable water masses in low income regions subject to periodical droughts.

۳. In the areas referred to in Paragraph ۲. IV, the Republic shall grant incentives for the recovery of arid lands and shall cooperate

with small and medium sized rural owners in implementing water sources and small scale irrigation in their tracts of land.

Title IV

The Organization of the Powers

Chapter I

The Legislative Power

Section I

The National Congress

Article ۴۴: Federal Legislative Branch

۰. The Legislative Authority of the Republic is exercised by the National Congress, which is composed of the House of Representatives and of the Federal Senate.

۱. Each legislature has a duration of four years.

Article ۴۵: House Composition

۰. The House of Representatives is formed by representatives of the people, elected by the proportional system in each State, in each Territory and in the Federal District.

۱. The total number of Representatives, as well as the representation per State and for the Federal District, is established by a supplemental law in proportion to the population, the necessary adjustments to be made in the year preceding the elections, so that none of those units of the Federation has less than eight or more than seventy Representatives.

۲. Each Territory elects four Representatives.

Article ۴۶: Representation in the Senate

۰. The Federal Senate is composed of members representing the States and the Federal District, elected by majority vote.

۱. Each State and the Federal District shall elects three Senators with term of office of eight years.

۲. One third and two thirds of the representation of each State and of the Federal District are renewed every four years, alternately.

۳. Each Senator is elected with two alternates.

Article ۴۷: Deliberative Quorum

Unless otherwise established in this Constitution, the resolutions of each Chamber of Congress and of its Committees are adopted by a majority vote with the attendance of the absolute majority of its members.

Section II

Powers of the National Congress

Article ۴۸: Legislative Powers

It is incumbent upon Congress, with the sanction of the President of the Republic, which sanction shall not be required in the events specified in Articles ۴۹, ۵۱, and ۵۲, to provide for all the matters within the jurisdiction of the Republic and especially on:

I. system of taxation, collection, and income distribution;

II. pluriannual plan, budgetary directives, annual budget, credit transactions, public debt, and issue of money;

III. establishment and modification of the number of troops of the Armed Forces;

IV. national, regional, and sectorial development programs and plans;

V. boundaries of the national territory, air, and maritime space and property owned by the Republic;

VI. incorporation, subdivision, or splitting of areas of Territories or States, after hearing the respective Legislative Assemblies;

VII. temporary transfer of the seat of the Federal Government;

VIII. granting of amnesty;

IX. the administrative organization, judicial organization, Attorney General"s Office organization, and Public Defender"s office organization of the Republic and of the Territories, and the judicial organization, Attorney General"s Office organization and Public Defender"s Office organization of the Federal District;

X. creation, transformation, and extinction of public offices, positions, and functions;

XI. creation, structuring, and responsibilities of the Ministries and Government administration agencies;

XII. telecommunications and radio broadcasting;

XIII. financial, foreign exchange, and monetary matters, financial institutions and their operations;

XIV. currency, currency issuance limits, and amount of federal indebtedness.

Article ۴۹: Exclusive Functions

It is exclusively incumbent upon Congress:

I. to resolve conclusively on international acts, agreements, or treaties which involve charges or commitments against the national patrimony;

II. to authorize the President of the Republic to declare war, to make peace, to allow foreign forces to go through the national territory, or remain therein temporarily, except for the cases set forth in a supplemental law;

III. to authorize the President and the Vice President of the Republic to leave the country, when such absence exceeds fifteen days;

IV. to approve a state of defense and federal intervention, authorize a state of siege, or suspend any of these measures;

V. to stay normative acts of the Executive Branch which exceed the regulamentary authority or the limits of the legislative delegation of Powers;

VI. to temporarily transfer its seat;

VII. to establish identical compensation for Federal Representatives and Senators, in each legislature, for the subsequent one, with due regard for the provisions of Articles ۱۵۰ II, ۱۵۳ III, and ۱۵۳ ۲. I;

VIII. to establish for each fiscal year the compensation of the President and of the Vice President of the Republic and of the Ministers of State, with due regard for the provisions of Articles ۱۵۰ II, ۱۵۳ III, and ۱۵۳ ۲. I;

IX. to each year examine the accounts rendered by the President of the Republic and evaluate the reports on the execution of Government plans;

X. to supervise and control, directly or through the Federal Senate and/or the House of Representatives, the acts of the Executive, including those of the indirect administration;

XI. to ensure the preservation of its legislative authority in view of the normative responsibility of the other Branches;

XII. to evaluate acts of concession and renewal of concession of radio and television stations;

XIII. to choose two thirds of the members of the Audit Tribunal of the Union;

XIV. to approve initiatives of the Executive Branch regarding nuclear activities;

XV. to authorize a referendum and to call a plebiscite;

XVI. to authorize, in Indian lands, the exploitation and use of hydric resources, and prospecting and mining of mineral resources;

XVII. to give its prior approval for the disposal or concession of public lands with an area of over two thousand and five hundred hectares.

Article ۵۰: Calling Officers for Explanations

۰. The House of Representatives or the Federal Senate, as well as any of their Committees, may call upon a Minister of State to personally render information on a pre determined matter, and his absence without adequate justification shall constitute a criminal malversion.

۱. The Ministers of State may attend the Federal Senate, the House of Representatives, or any of their Committees, on their own initiative and by agreement with the respective Presiding Board, to report on a matter relevant to their Ministry.

۲. The Presiding Board of the House of Representatives and of the Federal Senate may forward written requests for information to the Ministers of State, and refusal or non compliance with such request within a period of thirty days, as well as the rendering of false information, shall constitute a criminal malversion.

Section III House of Representatives

Article ۵۱: Exclusive Authority

It is exclusively incumbent upon the House of Representatives:

I. to authorize, by two thirds of its members, the institution of legal action against the President and Vice President of the Republic and the Ministers of State;

II. to take the accounts of the President of the Republic, when they are not submitted to Congress within sixty days of opening of the legislative session;

III. to prepare its internal regulations;

IV. to provide for its organization, operation, police, creation, transformation, or extinction of offices, positions, and functions of its services and establishment of the respective compensation, observing the guidelines established in the budget directives law;

V. to elect the members of the Council of the Republic, according to Article ۸۹ VII.

Section VI

Federal Senate

Article ۵۲: Exclusive Powers

۰. It is incumbent exclusively upon the Federal Senate:

I. to sue and try the President and Vice President of the Republic for criminal malversion and the Ministers of State for crimes of the same nature connected therewith;

II. to sue and try the Justices of the Federal Supreme Court, the Attorney General of the Republic and the Advocate General of the Republic for criminal malversion;

III. to give its prior approval, by secret ballot, after public hearing, on the selection of:

a. judges, in the cases established in this Constitution;

b. Justices of the Audit Tribunal of the Union appointed by the President of the Republic;

c. Governor of a Territory;

d. president and directors of the Central Bank;

e. Attorney General of the Republic;

f. holders of other offices as determined by the law;

IV. to give its prior approval, by secret ballot, after closed hearing, on the selection of the heads of permanent diplomatic missions;

V. to authorize foreign transactions of a financial nature, of interest to the Republic, the States, the Federal District, the Territories and the Municipalities;

VI. to establish, as proposed by the President of the Republic, aggregate limits for the amount of the consolidated debt of the Republic, the States, the Federal District and the Municipalities;

VII. to provide for the aggregate limits and conditions for foreign and domestic credit transactions of the Republic, the

VIII. States, the Federal District and the Municipalities, of their autonomous government entities, and other entities controlled by the Federal Government;

IX. to provide for the limits and conditions for the Republic to render its guarantee in foreign and domestic credit transactions;

X. to establish aggregate limits and conditions for the amount of debt of the States, the Federal District and the Municipalities;

XI. to stay the application, in full or in part, of a law declared unconstitutional by final decision of the Federal Supreme Court;

XII. to approve, by absolute majority and by secret ballot, the removal from office of the Attorney General of the Republic before the end of his term of office;

XIII. to draw up its internal regulations;

XIV. to provide for its organization, operation, police, creation, transformation, or extinction of offices, positions, and functions of its services and to determine the respective compensation, with due regard for the guidelines established in the budget directives law;

XV. XIV. to elect the members of the Council of the Republic pursuant to Article ۸۹ VII.

۱. In the events set forth in Items I and II, the Chief Justice of the Federal Supreme Court acts as President, and the sentence, which may only be rendered by two thirds of the Federal Senate, is limited to loss of office, with disqualification to hold any public office for a period of eight years, without prejudice to other applicable judicial sanctions.

Section V

Representatives and Senators

Article ۵۳: Inviolability, Immunity

۰. The Representatives and Senators enjoy inviolability regarding their opinions, words, and votes.

۱. From the date of investiture, the members of Congress may not be arrested, except in flagrante delicto of a crime not entitled to bail, nor may they be criminally sued, without prior authorization from the respective Chamber of Congress.

۲. Denial of the request for authorization or the absence of a resolution suspends the statute of limitations for the duration of the term of office.

۳. In the event of flagrante delicto of a crime not entitled to bail, the case record has to be sent within twenty-four hours to the respective Chamber of Congress, which, by secret ballot of a majority of its members, shall resolve on the arrest and authorize or not the determination of criminal liability.

۴. The Representatives and Senators are judged by the Federal Supreme Court.

۵. The Representatives and Senators are not required to render testimony on information received or rendered by virtue of the exercise of their term of office nor against the persons who rendered them information or those who received information from them.

۶. The enlistment of Representatives and Senators into the Armed Forces, even if they are servicemen and even in times of war, depends upon prior authorization from the respective Chamber of Congress.

۷. The immunities of Representatives or Senators subsists during a state of siege, and may only be suspended by the vote of two thirds of the members of the respective Chamber of Congress, in the event of acts performed outside the premises of Congress, which are incompatible with the implementation of such measure.

Article ۵۴: Forbidden Actions

Representatives and Senators shall not:

I. as from the date of issue of the certificates:

a. execute or maintain a contract with a public entity, an autonomous government entity, a state owned company, a mixed capital company or a public utility company, unless the contract complies with uniform clauses;

b. accept or hold a remunerated office, function or job, including those which may be terminated "ad nutum", in the entities listed in the preceding item;

II. as from taking of office:

a. be the owners, controllers, or directors of a company which enjoys a privilege as a result of a contract with a public entity or perform a remunerated function therein;

b. hold an office or a function subject to termination "ad nutum" in the entities referred to in Item I a);

c. advocate a cause in which any of the entities referred to in Item I a), have an interest;

d. be the holder of more than one public elective position or office.

Article ۵۵: Cassation of Mandate

۰. A Representative or Senator loses his or her office:

I. if he or she infringes upon any of the prohibitions established in the preceding article;

II. if his or her conduct is declared to be incompatible with parliamentary decorum;

III. if he or she fails to attend, during each legislative term, one third of the ordinary sessions of his or her Chamber of Congress, except for a leave of absence or a mission authorized by such Chamber of Congress;

IV. if he or she loses or suffers suspension of his or her political rights;

V. whenever decreed by the Electoral Courts, in the events set forth in this Constitution;

VI. if he or she is criminally convicted by a final and unappealable sentence.

۱. Abuse of the prerogatives ensured to members of Congress or receipt of undue advantages, besides such cases as are defined in the internal regulations, is incompatible with parliamentary decorum.

۲. In the events of Items I, II and VI, loss of office is decided by the House of Representatives or by the Federal Senate, by secret ballot and absolute majority, on the initiative of the respective Presiding Board or of a political party represented in Congress, full defense being ensured.

۳. In the events set forth in Items III to V, the loss is declared by the Presiding Board of the respective Chamber of Congress ex officio or on the initiative of any of its members, or of a political party represented in Congress, full defense being ensured.

Article ۵۶: No Cassation of Mandate

۰. A Representative or Senator does not lose his or her office if:

I. he or she is vested in an office of Minister of State, Governor of a Territory, Secretary of a State, of the Federal District, or of a Territory, Mayor of a State Capital or head of a temporary diplomatic mission;

II. he or she is on leave of absence from the respective Chamber of Congress by virtue of illness, or to pursue, without compensation, a private matter, provided that, in this case, the absence does not exceed one hundred and twenty days per legislative term.

۱. The alternate is called in cases of vacancy, of investiture in the functions set forth in this article, or of leave of absence exceeding one hundred and twenty days.

۲. If a vacancy occurs and there is no alternate, an election has to be held to fill the vacancy if more than fifteen months remain, before the end of the term of office.

۳. In the event of Item I, the Representative or Senator may opt for compensation of the elected office.

Section VI

Sessions

Article ۵۷: Meetings

۰. Congress meets each year in the Federal Capital, from February ۱۵th to June ۳۰th and from August ۱st to December ۱۵th.

۱. If sessions scheduled for these dates fall on a Saturday, a Sunday or a holiday, such meetings is transferred to the immediately subsequent business day.

۲. A legislative term is not interrupted without approval of the bill for the budget directives law.

۳. In addition to other cases set forth herein, the House of Representatives and the Federal Senate meets in a joint session to:

I. Inaugurate the legislative term;

II. draw up the regulations and regulate the creation of services common to both Chambers of Congress;

III. take the oath of the President and Vice President of the Republic;

IV. acknowledge a veto and resolve thereon.

۴. The House of Representatives and the Federal Senate meet in preparatory sessions, as from February ۱st, in the first legislative year, for the inauguration of its members and election of the respective Presiding Boards, for a term of office of two years, re-election to the same office in the immediately subsequent election being prohibited.

۵. The Presiding Board of joint Congress Sections is presided over by the President of the Federal Senate, and the remaining offices are held, alternately, by the occupants of equivalent offices in the House of Representatives and in the Federal Senate.

۶. Congress is called for an extraordinary session:

I. by the President of the Federal Senate, in the event of decree of a state of defense or federal intervention, of a request for authorization to decree a state of siege, and for the President and the Vice President of the Republic to take their oaths and offices;

II. by the President of the Republic, by the Presidents of the House of Representatives and of the Federal Senate, or at the request of a majority of the members of both Chambers of Congress in the event of urgency or relevant public interest.

III. In an extraordinary legislative session, Congress only conducts the business for which it was called.

Section VII

Committees

Article ۵۸: Constitution of Committees

۰. Congress and its two Chambers have permanent and temporary committees, which are formed in the manner and with the duties set forth in the respective regulations or in the act determining the creation thereof.

۱. In forming the Presiding Boards and each Committee, proportional representation of the political parties or of the parliamentary groups which participate in the respective Chamber of Congress shall be ensured to the extent possible.

۲. It is incumbent upon the committees, based upon the subject of their authority:

I. to discuss and vote on bills of law which, in accordance with the regulations, are not within the authority of the Plenary, except in the event of appeal by one tenth of the members of one of the Chambers of Congress;

II. to hold hearings with entities of society;

III. to call Ministers of State to render information on matters inherent to their duties;

IV. to receive petitions, claims, statements, or complaints from any person against acts or omissions of government authorities or entities;

V. to request the deposition of any authority or citizen;

VI. to examine construction work programs and national, regional, and sectorial development plans and issue opinions thereon.

۳. Parliamentary investigation committees, which shall have the investigation powers inherent to the judicial authorities, in addition to other powers set forth in their respective regulations, are created by the House of Representatives and by the Federal Senate, jointly or severally, at the request of one third of its members, for investigation of a certain fact and for a certain period of time, and their conclusions shall, if necessary, be forwarded to the Attorney General"s Office to determine the civil or criminal liability of the offenders.

۴. During recess there is a standing Committee to represent Congress, elected by its two Chambers at the last ordinary session of the legislative term, with duties defined in the common regulations, the composition of which shall, to the extent possible, reflect the proportional representation of the political parties in Congress.

Section VIII

Legislative Procedure

Subsection ۱

General Provisions

Article ۵۹: Laws

۰. Legislative procedure includes the preparation of:

I. amendments to the Constitution;

II. supplemental laws;

III. statutory laws;

IV. delegated laws;

V. provisional measures;

VI. legislative decrees;

VII. resolutions.

۱. A supplemental law provides for the preparation, drafting, amendment, and consolidation of laws.

Subsection II

Amendments to the Constitution

Article ۶۰: Amendment of the Constitution

۰. The Constitution may be amended on the proposal of:

I. at least one third of the members of the House of Representatives or of the Federal Senate;

II. the President of the Republic;

III. more than one half of the Legislative Assemblies of the units of the Federation, each of which express itself by a simple majority of its members.

۱. The Constitution may not be amended during federal intervention, state of defense or state of siege.

۲. The proposal is discussed and voted in each Chamber of Congress, in two rounds, and it is considered approved if it obtains three-fifths of the votes of the respective members in both rounds.

۳. An amendment to the Constitution is enacted by the Presiding Boards of the House of Representatives and of the Federal Senate, with a respective sequence number.

۴. No resolution is discussed concerning an amendment proposal which tends to abolish:

I. the federative form of the State;

II. the direct, secret, universal, and periodic vote;

III. the separation of the Government Branches;

IV. individual rights and guarantees.

V. The subject dealt with in an amendment proposal that is rejected or considered impaired cannot be the subject of another proposal in the same legislative term.

Subsection III

The Laws

Article ۶۱: Law-making procedure

۰. The initiative of supplemental laws and statutory laws is incumbent upon any member of Committees of the House of Representatives, of the Federal Senate or of Congress, upon the President of the Republic, the Federal Supreme Court, the Superior Courts, the Attorney General of the Republic, and the citizens, in the manner and events set forth in this Constitution.

۱. The initiative of the following laws is incumbent solely upon the President of the Republic:

I. laws which determine or modify the number of troops in the Armed Forces;

II. laws which deal with:

a. creation of public offices, functions, or positions in the direct administration and in autonomous government entities, or increase in the compensation thereof;

b. administrative and judicial organization, tax, and budgetary matters, public services, and administrative personnel of the Territories;

c. Government employees of the Republic and Territories, their legal treatment, appointment to offices, tenure and retirement of civil servants, retirement, and transfer of servicemen to inactivity;

d. Organization of the Attorney General"s Office and of the Public Defender"s Office of the Republic, as well as general rules for the organization of the Attorney General"s Office and of the Public Defender"s Office of the States, the Federal District and the Territories;

e. Creation, structuring, and duties of the Ministries and government administration agencies.

۲. Public initiative may be exercised by presentation to the House of Representatives of a bill of law subscribed by at least one percent of Brazilian voters, distributed throughout at least five States, with no less than three tenths percent of the voters of each of these States.

Article ۶۲: Provisional Measures

۰. In relevant and urgent cases, the President of the Republic may adopt provisional measures with the force of law and shall submit such measures to Congress immediately. If Congress is in recess, an extraordinary session shall be called within five days.

۱. Provisional measures lose their effectiveness as from the date of their issuance if they are not converted into law within a period of thirty days as from their publication, and Congress regulates the legal relations arising therefrom.

Article ۶۳: Expenditure

An increase in expenditure is not admitted if it is established:

I. in bills which are the exclusive initiative of the President of the Republic, except for the provisions of Article ۱۶۶ ۳. and (۴);

II. in bills on the organization of the administrative services of the House of Representatives, the Federal Senate, the Federal Courts, and the Attorney General"s Office.

Article ۶۴: Discussion, Voting

۰. The discussion and vote of bills of law which are the initiative of the President of the Republic, of the Federal Supreme Court, and of the Superior Courts commences in the House of Representative

۱. The President of the Republic may request urgency in the examination of bills of his initiative.

۲. If, in the case set forth in the previous paragraph, the House of Representatives and the Federal Senate fail to each, successively, express themselves on the proposition, within up to forty-five days, such proposition is included in the agenda and resolution on other matters are suspended for the proposition to be voted.

۳. Amendments of the Federal Senate are examined by the House of Representatives within a period of ten days, with due regard, otherwise, for the provisions of the preceding paragraph.

۴. The periods of time set forth in Paragraph ۲. do not run when Congress is in recess and do not apply to bills for codes.

Article ۶۵: Approvation, Revision

۰. A bill of law approved by one Chamber of Congress is reviewed by the other in a single discussion and voting round, and, if the reviewing Chamber approves the bill, it is sent for sanctioning or enactment, or if it is rejected, it is dismissed.

۱. If a bill is amended, it shall return to the initial Chamber.

Article ۶۶: Sanction and Promulgation

۰. The Chamber of Congress in which voting was concluded sends the bill of law to the President of the Republic, who sanctions it if he consents thereto.

۱. If the President of the Republic deems all or part of the bill to be unconstitutional or contrary to public interests, he shall veto it fully or partially within fifteen business days as from the date of receipt and advise the President of the Federal Senate of the reasons for the veto within forty-eight hours.

۲. A partial veto only applies to the full text of an article, paragraph, item, or sub item.

۳. After a period of fifteen days has elapsed, silence on the part of the President of the Republic operates as sanctioning.

۴. A veto examines in a joint session within thirty days of receipt thereof, and may only be rejected by an absolute majority of the Representatives and Senators by secret ballot.

۵. If the veto is not upheld, the bill is submitted to the President of the Republic for enactment.

۶. If the period established in Paragraph (۴) elapses without a resolution, the veto is included in the agenda of the next session, suspending other propositions until final voting thereof, except for the matter referred to in Article ۶۲ (۱).

۷. If the law is not enacted by the President of the Republic within forty-eight hours, in the events set forth in Paragraphs (۳) and (۵), the President of the Federal Senate enacts it and, if he fails to do so within the same period, it is incumbent upon the Vice President of the Federal Senate to do so.

Article ۶۷: Rejected Drafts

The subject of a rejected bill of law may only be the subject of a new bill in the same legislative term on the proposal of the absolute majority of the members of any of the Chambers of Congress.

Article ۶۸: Delegated Laws

۰. Delegated laws are drawn up by the President of the Republic who requests delegation from Congress.

۱. Acts subject to the exclusive authority of Congress, those subject to the exclusive authority of the House of Representatives or of the Federal Senate, matters reserved for supplemental laws, and legislation on the following shall not be delegated:

I. organization of the Judicial Branch and of the Attorney General"s Office, and the career and privileges of their members;

II. nationality, citizenship, and individual, political and electoral rights;

III. pluriannual plans, budgetary guidelines, and budgets.

۲. Delegation to the President of the Republic is granted by resolution of Congress, which specifies its contents and the terms for performance thereof.

۳. If the resolution determines that the bill is examined by Congress, the latter does so by a single ballot without any amendments.

Article ۶۹: Supplemental Laws

Supplemental laws shall be approved by absolute majority.

Section IX

Accounting, Financial, and Budgetary Control

Article ۷۰: Parliamentary Control

۰. Control of the accounts, finances, budgets, operations, and property of the Republic and of the direct and indirect administration entities as to lawfulness, legitimacy, economicalness, application of subsidies, and waiver of revenues is exercised by Congress, by means of external control and through the internal control system of each Branch.

۱. Accounts are rendered by any individual or public entity which uses, collects, keeps, manages, or administers public moneys, assets, and values or those for which the Republic is responsible, or which, on behalf of the Republic, assumes obligations of a pecuniary nature.

Article ۷۱: External Audit

۰. External control under the responsibility of Congress is exercised with the assistance of the Audit Tribunal of the Union, which shall:

I. examine the accounts rendered each year by the President of the Republic, by means of a prior opinion which is prepared within sixty days of receipt thereof;

II. evaluate the accounts of the administrators and others who are responsible for public moneys, assets, and values of the direct and indirect administration, including foundations and companies instituted or maintained by the Federal Administration, and the accounts of those who have caused a loss, misplacement, or other irregularity resulting in losses to the public treasury:

III. examine, for registration purposes, the lawfulness of acts of any personnel hired in the direct and indirect administration, including foundations instituted and maintained by the Government, excepting appointments to commission offices, as well as the approval of civil and military retirement and pension, except for subsequent benefits which do not alter the legal grounds for such approval;

IV. carry out, on its own initiative or the initiative of the House of Representatives, the Federal Senate or a technical or investigation Committee, inspections and audits of an accounting, financial, budgetary, operational, or property nature in the administrative units of the Legislative, Executive, and Judicial Branches and other entities referred to in Item II;

V. control the national accounts of supranational companies in whose capital stock the Republic holds a direct or indirect interest, according to the terms established in the acts of incorporation;

VI. control the application of any funds transferred by the Republic, under a contract, agreement, arrangement, or other similar instrument, to a State, to the Federal District or to a Municipality;

VII. render the information requested by any of the Chambers or any of the respective Committees of Congress concerning accounting, financial, budgetary, operational, and property control and the results of audits and inspections made;

VIII. apply to the responsible parties, in the event of illegal expenses or irregular accounts, the sanctions provided for in law, which shall establish, among other penalties, a fine proportional to the damages caused to the public treasury;

IX. establish a period for the agency or entity to take the action required for the proper enforcement of the law, if an illegality is determined;

X. stay, if not heeded, the performance of the contested act, advising the House of Representatives and the Federal Senate of this decision;

XI. inform the proper Branch on any irregularities or abuses determined.

۱. In the event of a contract, the action of staying is taken directly by Congress which immediately requests the Executive to take the proper action.

۲. In the event that Congress or the Executive does not take the action set forth in the preceding paragraph, within ninety days, a Court decides the matter.

۳. Decisions of a Court resulting in the imposition of a debt or fine have the effectiveness of an execution instrument.

۴. Each quarter and each year, the Court presents to Congress a report on its activities.

Article ۷۲: Committee

۰. The permanent mixed Committees referred to in Article ۱۶۶ (۱), may, in view of indications of unauthorized expenses, even if in the form of non programmed investments or of non approved subsidies, request the responsible government authority to render the necessary explanations within five days.

۱. If the explanations are not rendered or if they are considered insufficient, the Committee requests the Court to give the final opinion on the matter within a period of thirty days.

۲. If the Court considers the expense to be irregular, the Committee shall, if it believes that the expenditure may cause irreparable damages or serious injury to the public economy, propose to Congress that it be suspended.

Article ۷۳: Audit Tribunal of the Union

۰. The Audit Tribunal of the Union, which is made up of nine Justices, has its seat in the Federal District, has its own staff and has jurisdiction throughout the entire Brazilian territory, and exercises, where appropriate, the duties set forth in Article ۹۶.

۱. The Justices of the Audit Tribunal of the Union are appointed among Brazilians who satisfy the following requirements:

I. More than thirty-five and less than sixty-five years of age;

II. moral integrity and unblemished reputation;

III. notorious knowledge of the law, accounting, economics, and finances or of government administration;

IV. more than ten years of practice or of actual professional activity requiring the knowledge mentioned in the preceding item.

۲. The Justices of the Audit Tribunal of the Union are chosen as follows:

I. one third by the President of the Republic with the approval of the Federal Senate, two of them being alternately chosen among auditors and members of the Attorney General"s Office at the Court, as indicated in a triple list by the Court, in accordance with criteria of seniority and merit;

II. two thirds by Congress.

۳. The Justices of the Audit Tribunal of the Union have the same guarantees, prerogatives, impediments, compensation, and Privileges as the Justices of the Superior Court of Justice and may only retire with the benefits of the office if they have actually held office for more than five years.

۴. An auditor, when replacing a Justice, has the same guarantees and impediments as the Justice and, when exercising other duties of the bench, those of a judge of a Federal Regional Court.

Article ۷۴: Internal Control

۰. The Legislative, Executive, and Judicial Branches maintain an integrated system of internal control for the purpose of:

I. evaluating the achievement of the targets established in the pluriannual plan, the implementation of government programs, and of the Republic"s budgets;

II. determining the lawfulness and evaluating the results, as to effectiveness and efficiency, of budgetary, financial, and property administration of the agencies and entities of the federal administration, as well as of the application of Government funds by private entities;

III. exercising control over credit transactions, guarantees, as well as over the rights and assets of the Republic;

IV. supporting external control in the performance of its institutional mission.

۱. The persons responsible for internal control shall, upon learning of any irregularity or illegality, inform the Audit Tribunal of the Union thereof, subject to joint liability.

۲. Any citizen, political party, association or trade union has standing under the law to denounce irregularities or illegalities to the Audit Tribunal of the Union.

Article ۷۵: Application

۰. The provisions of this section apply, where appropriate, to the organization, composition and control of the Audit Courts of the States and Federal District, and the Audit Courts and Councils of the Municipalities.

۱. The State Constitutions provide for the respective Audit Courts, which are made up of seven Council Members.

Chapter II Executive Branch

Section ۱

President and Vice President of the Republic

Article ۷۶: President, Ministers

The Executive Branch is exercised by the President of the Republic, assisted by the Ministers of State.

Article ۷۷: Election

۰. Election of the President and of the Vice President of the Republic takes place simultaneously, ninety days before the end of the current presidential term of office.

۱. Election of the President of the Republic includes election of the Vice President registered with him.

۲. The candidate, who, being registered by a political party, obtains an absolute majority of votes, not counting blank or void votes, is considered to be elected as President.

۳. If no candidate attains an absolute majority in the first ballot, another election hat to be held within twenty days after announcement of the results; the two candidates who obtained the greatest number of votes then compete and the one who obtains a majority of valid votes is considered elected.

۴. In the event that, before the second election is held, a candidate dies, withdraws, or is legally impaired, the candidate with the greatest number of votes among the remaining candidates is called.

۵. If, in the event of the preceding paragraphs, more than one candidate with an equal number of votes remains in second place, the eldest one is qualified.

Article ۷۸: Taking of office, Oath Before Congress

۰. The President and the Vice President of the Republic takes office in a session of Congress. They take an oath to maintain, defend, and carry out the Constitution, comply with the laws, further the general good of the Brazilian people, sustain the union, integrity, and independence of Brazil.

۱. In the event that ten days as from the date scheduled for taking of office, the President or the Vice President, except for force majeure, has not taken office, such office has to be declared vacant.

Article ۷۹: Vice President

۰. The Vice President replaces the President in the event of impediment and succeeds him in the event of vacancy.

۱. The Vice President of the Republic, in addition to other duties attributed to him by supplemental laws, assists the President whenever called by the President for special missions.

Article ۸۰: Double Vacancy

In the event of impediment of the President and of the Vice President, or of vacancy in the respective offices, the President of the House of Representatives, the President of the Federal Senate, and the Chief Justice of the Federal Supreme Court are called successively to exercise the Presidency.

Article ۸۱: New Elections, Electoral College

۰. If a vacancy occurs in the offices of President and Vice President of the Republic, elections are held ninety days after the last vacancy occurred.

۱. If the vacancy occurs during the last two years of the President"s term of office Congress holds elections for both offices within thirty days after the last vacancy occurred, in accordance with the law.

۲. In any of the cases, those elected complete the term of office of their predecessors.

Article ۸۲: Term

The term of office of the President of the Republic is four years and he may not be re-elected for the subsequent term. { Note: The ۱۹۹۷ re-election amendment is in force, but has not yet been included into the ICL-Edition. } The term of office commences on January ۱st of the year following the year of his election.

Article ۸۳: Leaving the Country

The President and the Vice President of the Republic may not, without authorization from Congress, leave the country for a period of more than fifteen days, subject to loss of office.

Section II

Duties of the President of the Republic

Article ۸۴: Functions

۰. It is incumbent exclusively upon the President of the Republic:

I. to appoint and dismiss the Ministers of State;

II. to exercise, with the assistance of the Ministers of State, the higher management of the federal administration;

III. to commence the legislative procedure, in the manner and in the events set forth in this Constitution;

IV. to sanction, enact, and cause the publication of laws, as well as to issue decrees and regulations for the true enforcement thereof;

V. to veto bills of law, wholly, or partially;

VI. to provide for the organization and operation of the federal administration, in accordance with the law;

VII. to maintain relations with foreign States and to accredit their diplomatic representatives;

VIII. to enter into international treaties, conventions and acts, ad referendum of Congress;

IX. to decree a state of defense and state of siege;

X. to decree and enforce federal intervention;

XI. to send a government message and plan to Congress when the legislative term is opened, describing the country"s situation and requesting the action he deems necessary;

XII. to grant pardons and reduce sentences, after hearing the entities instituted by law, if necessary;

XIII. to exercise supreme command over the Armed Forces, promote its generals, and to appoint them to the offices held exclusively by them;

XIV. to appoint, after approval by the Federal Senate, the Justices of the Federal Supreme Court and of the Superior Courts, the Governors of the Territories, the Attorney General of the Republic, the president and directors of the Central Bank, and other civil servants, when required by law;

XV. to appoint, with due regard for the provisions of Article ۷۳, the Justices of the Federal Audit Court;

XVI. to appoint judges in the events established herein and the Advocate General of the Republic;

XVII. to appoint members of the Council of the Republic pursuant to Article ۸۹ VII;

XVIII. to call and preside over the Council of the Republic and the National Defense Council;

XIX. declare war, if authorized by Congress or upon its referendum, whenever this occurs between legislative terms and, under the same conditions, decree full or partial national mobilization;

XX. to make peace, if authorized by or upon the referendum of Congress;

XXI. to confer decorations and honorary distinctions;

XXII. to permit, in the events set forth in supplemental laws, that foreign forces enter the Brazilian territory, or temporarily remain therein;

XXIII. to submit to Congress the pluriannual plan, the budget, directives bill of law and the budget proposals set forth in this Constitution;

XXIV. to each year render accounts to Congress concerning the previous fiscal year, within sixty days of the opening of the legislative term;

XXV. to fill and extinguish federal government offices, in accordance with the law;

XXVI. to issue provisional measures, with the forces of law, according to Article ۶۲;

XXVII. to perform other duties set forth in this Constitution.

۱. The President of the Republic may delegate the duties mentioned in Items VI, XII, and XXV, first part, to the Ministers of State, to the Attorney General of the Republic, who shall observe the limitations established in the respective delegations.

Section III

Liability of the President of the Republic

Article ۸۵: Responsibility Crimes

۰. Those acts of the President of the Republic which contravene the Federal Constitution and contravene especially the following are criminal malversion:

I. existence of the Republic;

II. free exercise of the powers of the Legislative, the Judiciary, the Attorney General"s Office, and the Constitutional powers of the units of the Federation;

III. exercise of political, individual, and social rights;

IV. internal security of the country;

V. honesty in the administration;

VI. budgetary law;

VII. compliance with the laws and with court decisions.

۱. Such crimes are defined in a special law, which establish the rules of procedures and trial.

Article ۸۶: Impeachment

If charges against the President of the Republic are admitted by two thirds of the House of Representatives, he is submitted for trial before the Federal Supreme Court for common criminal offenses or before the Federal Senate for criminal malversion.

۱. The President is suspended from his duties:

I. in common criminal offenses, if the accusation or complaint is received by the Federal Supreme Court;

II. in the event of criminal malversion, after proceedings are instituted by the Federal Senate.

۲. If, after a period of one hundred and eighty days, trial has not been concluded, suspension of the President ceases without prejudice to the normal progress of the proceedings.

۳. In the event of common offenses, the President of the Republic cannot be subject to arrest as long as no sentence is rendered.

۴. ۴. During his term of office, the President of the Republic may not be held liable for acts outside the performance of his duties.

Section IV

The Ministers of State

Article ۸۷: Ministers

۰. The Ministers of State are chosen among Brazilians who have attained the age of twenty-one years and who possess political rights.

۱. It is incumbent upon a Minister of State, in addition to other duties established in this Constitution and in the law:

I. to exercise guidance, coordination, and supervision of the agencies and entities of the federal administration in the area of his authority and to give his referendum to acts and decrees signed by the President of the Republic;

II. to issue instructions for the enforcement of laws, decrees, and regulations;

III. to submit to the President of the Republic an annual report on his management of the Ministry;

IV. to perform acts pertinent to the duties assigned or delegated to him by the President of the Republic.

Article ۸۸: Ministries

The law provides for the creation, structuring, and duties of the Ministries.

Section V

Council of the Republic and Council of National Defense

Subsection I

Council of the Republic

Article ۸۹: The Council of the Republic

۰. The Council of the Republic is a higher body for consultation by the President of the Republic, and its members are:

I. The Vice President of the Republic;

II. The President of the House of Representatives;

III. The President of the Federal Senate;

IV. The majority and the minority leaders of the House of Representatives;

V. The majority and the minority leaders of the Federal Senate;

VI. The Minister of Justice;

VII. Six Brazilian born citizens of over thirty-five years of age, two of which appointed by the President of the Republic, two elected by the Federal Senate, and two elected by the House of Representatives, all with a term of office of three years and not eligible for re appointment.

Article ۹۰: Powers, Necessary Consultation

۰. It is incumbent upon the Council of the Republic to opine on:

I. federal intervention, state of defense, and state of siege;

II. matters relevant to the stability of the democratic institutions.

۱. The President of the Republic may call a State Minister to participate in a Council meeting, when the agenda includes a matter related to the respective Ministry.

۲. The organization and operation of the Council of the Republic are regulated by law.

Subsection II

Council of National Defense

Article ۹۱: Advisory Body

۰. The Council of National Defense is the consultation body of the President of the Republic on matters related to national sovereignty and to defense of the democratic State, and the following are its original members:

I. the Vice President of the Republic;

II. the President of the House of Representatives;

III. the President of the Federal Senate;

IV. the Minister of Justice;

V. the military Ministers;

VI. the Minister of Foreign Affairs;

VII. the Minister of Planning.

۱. It is incumbent upon the Council of National Defense to:

I. Opine in the event of declaration of war and making of peace, according to this Constitution;

II. Opine on the decreeing of state of defense, state of siege, and federal intervention;

III. Propose the criteria and conditions for the use of areas which are indispensable to the security of the national territory and opine on their effective use, especially on the frontier strip and on those related to the preservation and exploitation of natural resources of any kind;

IV. study, propose, and monitor the development of measures required to guarantee national independence and defense of democratic State.

V. The organization and operation of the Council of National Defense are regulated by law



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