Constitution of the Federative Republic of Brazil

Chamber of Deputies Directing Board

55th Legislature – 2015-2019 2nd Legislative Session

President Rodrigo Maia

1st Vice President Waldir Maranhão

2nd Vice President Giacobo

1st Secretary Beto Mansur

2nd Secretary Felipe Bornier

3rd Secretary Mara Gabrilli

4th Secretary Alex Canziani

Secretaries Substitutes

1st Substitute Mandetta

2nd Substitute Gilberto Nascimento

3rd Substitute Luiza Erundina

4th Substitute Ricardo Izar

General Director Lucio Henrique Xavier Lopes

Secretary General of the Directing Board Wagner Soares Padilha Chamber of Deputies

CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL

5th edition

Constitutional text enacted on October 5, 1988, with the alterations established by Revision Constitutional Amendments No. 1, 1994 through 6, 1994, by Constitutional Amendments No. 1, 1992 through 92, 2016, and by Legislative Decree No. 186, 2008.

Documentation and Information Center Edições Câmara Brasília | 2016 CHAMBER OF DEPUTIES Legislative Division Head: Afrísio Vieira Lima Filho Documentation and Information Center Head: André Freire da Silva Publishing Coordination Head: Heloísa Helena S. C. Antunes

Cover: Cosme Rocha Graphic Project: Patrícia Weiss Desktop Publishing: Luiz Eduardo Maklouf and Thiago Gualberto Proofreading: Felipe Sampaio Wense, Jaynne Lima Gonçalves Pereira and Luzimar Gomes de Paiva

Translation history: original text, Constitutional Amendments No. 1, 1992 through No. 9, 1995, and Revision Constitutio- nal Amendments No. 1, 1994 through 6, 1994: translated by Istvan Vajda, Patricia de Queiroz Carvalho Zimbres, Vanira Tavares de Souza. Constitutional Amendments No. 10, 1996 through 15, 1996: translated by Istvan Vajda. Constitutional Amendments No. 16, 1997 through 87, 2015: translated by Vanira Tavares de Souza. Constitutional Amendment No. 88 through 90, 2015: translated by Laerte Ferreira Morgado and Maria Iracema L. Martin. Constitutional Amendment No. 91, 2016: translated by Maria Iracema L. Martin and Paulo Roberto Bezerra Mesquita. Constitutional Amendment No. 92, 2016: translated by Maria Iracema L. Martin and revised by Laerte Ferreira Morgado. Translation Service of the Information and Documentation Management Secretariat of the Federal Senate.

Câmara dos Deputados Centro de Documentação e Informação – Cedi Coordenação Edições Câmara – Coedi Anexo II – Praça dos Três Poderes Brasília (DF) – CEP 70160-900 Phone: +55 61 3216-5809 [email protected]

SÉRIE Textos Básicos n. 132 PDF Dados Internacionais de Catalogação-na-publicação (CIP) Coordenação de Biblioteca. Seção de Catalogação.

Brasil. [Constituição (1988)]. Constitution of the Federative Republic of Brazil [recurso eletrônico] : constitutional text enacted on October 5, 1988, with the alterations established by Revision Constitutional Amendments No. 1, 1994 through 6, 1994, by Constitutional Amendments No. 1, 1992 through 92, 2016, and by Legislative Decree No. 186, 2008. – 5th. ed. – Brasília : Chamber of Deputies, Edições Câmara, 2016. – (Série textos básicos ; n. 132 PDF)

Versão PDF. Modo de acesso: livraria.camara.leg.br Disponível, também, em formato impresso e digital (EPUB). ISBN 978-85-402-0478-2

1. Direito constitucional, legislação, Brasil. I. Título. II. Série.

CDU 342.4(81)“1988”

ISBN 978-85-402-0500-0 (papel) | ISBN 978-85-402-0478-2 (PDF) | ISBN 978-85-402-0555-0 (EPUB) TABLE OF CONTENTS

ARTICLES INDEX �� 8 AMENDMENTS INDEX �� 9

CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL Preamble �� 10 Title I – Fundamental Principles �� 11 Title II – Fundamental Rights and Guarantees �� 11 Chapter I – Individual and Collective Rights and Duties �� 11 Chapter II – Social Rights �� 14 Chapter III – Nationality �� 16 Chapter IV – Political Rights �� 16 Chapter V – Political Parties �� 17 Title III – The Organization of the State �� 18 Chapter I – The Political and Administrative Organization �� 18 Chapter II – The Union �� 18 Chapter III – The Federated States �� 21 Chapter IV – The Municipalities �� 22 Chapter V – The Federal District and the Territories �� 24 Section I – The Federal District �� 24 Section II – The Territories �� 25 Chapter VI – Intervention �� 25 Chapter VII – Public Administration �� 26 Section I – General Provisions �� 26 Section II – Government Employees (CA No. 18, 1998) �� 28 Section III – The Military of the States, of the Federal District and of the Territories (CA No. 18, 1998) �� 31 Section IV – The Regions �� 31 Title IV – The Organization of the Powers �� 31 Chapter I – The Legislative Power �� 31 Section I – The National Congress �� 31 Section II – Powers of the National Congress �� 31 Section III – The Chamber of Deputies �� 33 Section IV – The Federal Senate �� 33 Section V – Deputies and Senators �� 34 Section VI – The Sessions �� 35 Section VII – The Committees �� 35 Section VIII – The Legislative Process �� 36 Subsection I – General Provision �� 36 Subsection II – Amendments to the Constitution �� 36 Subsection III – The Laws �� 36 Section IX – Accounting, Financial and Budgetary Control �� 39 Chapter II – The Executive Power �� 40 Section I – The President and the Vice-President of the Republic �� 40 Section II – Duties of the President of the Republic �� 41 Section III – Liability of the President of the Republic �� 42 Section IV – The Ministers of State �� 42 Section V – The Council of the Republic and the National Defense Council �� 42 Subsection I – The Council of the Republic �� 42 Subsection II – The National Defense Council �� 43 Chapter III – The Judicial Power �� 43 Section I – General Provisions �� 43 Section II – The Federal Supreme Court �� 47 Section III – The Superior Court of Justice �� 50 Section IV – The Federal Regional Courts and the Federal Judges �� 51 Section V – Labour Courts and Judges �� 52 Section VI – Electoral Courts and Judges �� 54 Section VII – Military Courts and Judges �� 54 Section VIII – Courts and Judges of the States �� 55 Chapter IV – The Functions Essential to Justice �� 55 Section I – The Public Prosecution �� 55 Section II – The Public Advocacy (CA No. 19, 1998) �� 58 Section III – The Legal Profession (CA No. 80, 2014) �� 58 Section IV – The Public Legal Defense (CA No. 80, 2014) �� 58 Title V – The Defense of the State and of the Democratic Institutions �� 59 Chapter I – The State of Defense and the State of Siege �� 59 Section I – The State of Defense �� 59 Section II – The State of Siege �� 59 Section III – General Provisions �� 60 Chapter II – The Armed Forces �� 60 Chapter III – Public Security �� 61 Title VI – Taxation and Budget �� 61 Chapter I – The National Tax System �� 61 Section I – General Principles �� 61 Section II – Limitations on the Power to Tax �� 63 Section III – Federal Taxes �� 64 Section IV – State and Federal District Taxes �� 64 Section V – Municipal Taxes �� 66 Section VI – Tax Revenue Sharing �� 67 Chapter II – Public Finances �� 68 Section I – General Rules �� 68 Section II – Budgets �� 68 Title VII – The Economic and Financial Order �� 72 Chapter I – The General Principles of the Economic Activity �� 72 Chapter II – Urban Policy �� 74 Chapter III – Agricultural and Land Policy and Agrarian Reform �� 74 Chapter IV – The National Financial System �� 75 Title VIII – The Social Order �� 76 Chapter I – General Provision �� 76 Chapter II – Social Welfare �� 76 Section I – General Provisions �� 76 Section II – Health �� 77 Section III – Social Security �� 78 Section IV – Social Assistance �� 79 Chapter III – Education, Culture and Sports �� 80 Section I – Education �� 80 Section II – Culture �� 82 Section III – Sports �� 83 Chapter IV – Science, Technology, and Innovation (CA No. 85, 2015) �� 83 Chapter V – Social Communication �� 84 Chapter VI – Environment �� 85 Chapter VII – Family, Children, Adolescents, Young People and Elderly (CA No. 65, 2010) �� 86 Chapter VIII – Indians �� 87 Title IX – General Constitutional Provisions �� 87

Temporary Constitutional Provisions Act �� 92

Revision Constitutional Amendments �� 116

Constitutional Amendments �� 119

Legislative Decree No. 186, 2008 �� 212

Decree No. 6,949, 2009 �� 212

Convention on the Rights of Persons with Disabilities �� 213

Optional Protocol to the Convention on the Rights of Persons with Disabilities �� 228 ARTICLES INDEX

1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 29-A,

30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57,

58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85,

86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 103-A, 103-B, 104, 105, 106,

107, 108, 109, 110, 111, 111-A, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125,

126, 127, 128, 129, 130, 130-A, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144,

145, 146, 146-A, 147, 148, 149, 149-A, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162,

163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183,

184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 202, 203, 204,

205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 216-A, 217, 218, 219, 219-A, 219-B, 220,

221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241,

242, 243, 244, 245, 246, 247, 248, 249, 250

TEMPORARY CONSTITUTIONAL PROVISIONS ACT

1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31,

32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 54-A, 55, 56, 57,

58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85,

86, 87, 88, 89, 90, 91, 92, 92-A, 93, 94, 95, 96, 97, 98, 99, 100 AMENDMENTS INDEX

REVISION CONSTITUTIONAL AMENDMENTS

1/1994, 2/1994, 3/1994, 4/1994, 5/1994, 6/1994

CONSTITUTIONAL AMENDMENTS

1/1992, 2/1992, 3/1993, 4/1993, 5/1995, 6/1995, 7/1995, 8/1995, 9/1995, 10/1996, 11/1996,

12/1996, 13/1996, 14/1996, 15/1996, 16/1997, 17/1997, 18/1998, 19/1998, 20/1998, 21/1999,

22/1999, 23/1999, 24/1999, 25/2000, 26/2000, 27/2000, 28/2000, 29/2000, 30/2000, 31/2000,

32/2001, 33/2001, 34/2001, 35/2001, 36/2002, 37/2002, 38/2002, 39/2002, 40/2003, 41/2003,

42/2003, 43/2004, 44/2004, 45/2004, 46/2005, 47/2005, 48/2005, 49/2006, 50/2006, 51/2006,

52/2006, 53/2006, 54/2007, 55/2007, 56/2007, 57/2008, 58/2009, 59/2009, 60/2009, 61/2009,

62/2009, 63/2010, 64/2010, 65/2010, 66/2010, 67/2010, 68/2011, 69/2012, 70/2012, 71/2012,

72/2013, 73/2013, 74/2013, 75/2013, 76/2013, 77/2014, 78/2014, 79/2014, 80/2014, 81/2014,

82/2014, 83/2014, 84/2014, 85/2015, 86/2015, 87/2015, 88/2015, 89/2015, 90/2015, 91/2016,

92/2016 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL1

PREAMBLE

We, the representatives of the Brazilian People, convened in the National Constituent Assembly to institute a democratic state for the purpose of ensuring the exercise of social and individual rights, liberty, security, well-being, development, equality and justice as supreme values of a fraternal, plu- ralist and unprejudiced society, founded on social harmony and committed, in the internal and international orders, to the peaceful settlement of disputes, promulgate, under the protection of God, this Constitution of the Federative Republic of Brazil.

1. Editor’s note: The alterations deriving from the Constitutional Amendments (CA) and from the Revision Constitutional Amendments (RCA) have already been incorporated into the main text. The modifying amendments are mentioned in parentheses at the end of the head paragraph of altered articles. Other pieces of information are indicated by numbered footnotes. CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition

TITLE I – FUNDAMENTAL PRINCIPLES residing in the country being ensured of inviolability of the right to life, to liberty, to equality, to security and Article 1. The Federative Republic of Brazil, formed by to property, on the following terms: (CA No. 45, 2004) the indissoluble union of the States and Municipalities I – men and women have equal rights and duties under and of the Federal District, is a legal democratic state the terms of this Constitution; and is founded on: II – no one shall be obliged to do or refrain from doing I – sovereignty; something except by virtue of law; II – citizenship; III – no one shall be submitted to torture or to inhuman III – the dignity of the human person; or degrading treatment; IV – the social values of labour and of the free enterprise; IV – the expression of thought is free, and anonymity V – political pluralism. is forbidden; Sole paragraph. All power emanates from the people, V – the right of reply is ensured, in proportion to the who exercise it by means of elected representatives or offense, as well as compensation for property or moral directly, as provided by this Constitution. damages or for damages to the image; Article 2. The Legislative, the Executive and the Judicial, VI – freedom of conscience and of belief is inviolable, independent and harmonious among themselves, are the free exercise of religious cults being ensured and, the powers of the Union. under the terms of the law, the protection of places of worship and their rites being guaranteed; Article 3. The fundamental objectives of the Federative VII – under the terms of the law, the rendering of re- Republic of Brazil are: ligious assistance in civil and military establishments I – to build a free, just and solidary society; of collective confinement is ensured; II – to guarantee national development; VIII –no one shall be deprived of any rights by reason of III – to eradicate poverty and substandard living con- religious belief or philosophical or political conviction, ditions and to reduce social and regional inequalities; unless he invokes it to exempt himself from a legal IV – to promote the well-being of all, without prejudice obligation required of all and refuses to perform an as to origin, race, sex, colour, age and any other forms alternative obligation established by law; of discrimination. IX – the expression of intellectual, artistic, scientific, Article 4. The international relations of the Federative and communications activities is free, independently Republic of Brazil are governed by the following principles: of censorship or license; I – national independence; X – the privacy, private life, honour and image of per- II – prevalence of human rights; sons are inviolable, and the right to compensation III – self-determination of the peoples; for property or moral damages resulting from their IV – non-intervention; violation is ensured; V – equality among the States; XI – the home is the inviolable refuge of the individual, VI – defense of peace; and no one may enter therein without the consent of VII – peaceful settlement of conflicts; the dweller, except in the event of flagrante delicto or VIII – repudiation of terrorism and racism; disaster, or to give help, or, during the day, by court order; IX – cooperation among peoples for the progress of XII – the secrecy of correspondence and of telegraphic, mankind; data and telephone communications is inviolable, except, X – granting of political asylum. in the latter case, by court order, in the cases and in the Sole paragraph. The Federative Republic of Brazil shall manner prescribed by law for the purposes of criminal seek the economic, political, social and cultural inte- investigation or criminal procedural finding of facts; gration of the peoples of Latin America, viewing the XIII – the practice of any work, trade or profession is formation of a Latin-American community of nations. free, observing the professional qualifications which the law shall establish; TITLE II – FUNDAMENTAL RIGHTS AND GUARANTEES XIV – access to information is ensured to everyone and CHAPTER I – INDIVIDUAL AND the confidentiality of the source shall be safeguarded, COLLECTIVE RIGHTS AND DUTIES whenever necessary to the professional activity; XV – locomotion within the national territory is free in Article 5. All persons are equal before the law, without time of peace, and any person may, under the terms any distinction whatsoever, Brazilians and foreigners

11 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition of the law, enter it, remain therein or leave it with his exploitation of the works which they create or in assets; which they participate; XVI – all persons may hold peaceful meetings, without XXIX – the law shall ensure the authors of industrial weapons, in places open to the public, regardless inventions of a temporary privilege for their use, as of authorization provided that they do not frustrate well as protection of industrial creations, property of another meeting previously called for the same place, trademarks, names of companies and other distinctive subject only to prior notice to the competent authority; signs, viewing the social interest and the technological XVII – freedom of association for lawful purposes is and economic development of the country; fully guaranteed, any paramilitary association being XXX – the right to inheritance is guaranteed; forbidden; XXXI – succession to the estate of foreigners which is XVIII – the creation of associations and, under the located in Brazil shall be regulated by the Brazilian law terms of the law, that of cooperatives is not subject to in favour of the Brazilian spouse or children, whenever authorization, and State interference in their operation the personal law of the deceased is not more favou- is forbidden; rable to them; XIX – associations may only be compulsorily dissolved XXXII – the State shall provide, as set forth by law, for or have their activities suspended by a judicial decision, the defense of consumers; and a final and unappealable decision is required in XXXIII – all persons have the right to receive, from the the first case; public agencies, information of private interest to such XX – no one shall be compelled to become associated persons, or of collective or general interest, which shall or to remain associated; be provided within the period established by law, subject XXI – when expressly authorized, associations shall to liability, except for the information whose secrecy have the legitimacy to represent their members either is essential to the security of society and of the State; judicially or extrajudicially; XXXIV – the following are ensured to everyone, without XXII – the right of property is guaranteed; any payment of fees: XXIII – property shall observe its social function; a) the right to petition the Government in defense XXIV – the law shall establish the procedure for expro- of rights or against illegal acts or abuse of power; priation for public necessity or use, or for social interest, b) the obtaining of certificates from government with fair and previous pecuniary compensation, except offices, for the defense of rights and clarification for the cases provided in this Constitution; of situations of personal interest; XXV – in case of imminent public danger, the competent XXXV – the law shall not exclude any injury or threat authority may make use of private property, provided to a right from the consideration of the Judicial Power; that, in case of damage, subsequent compensation is XXXVI – the law shall not injure the vested right, the ensured to the owner; perfect juridical act and the res judicata; XXVI – the small rural property, as defined by law, XXXVII – there shall be no exceptional tribunal or court; provided that it is exploited by the family, shall not be XXXVIII – the institution of the jury is recognized, accor- subject to attachment for the payment of debts incur- ding to the organization which the law shall establish, red by reason of its productive activities, and the law and the following are ensured: shall establish the means to finance its development; a) full defense; XXVII – the exclusive right of use, publication or re- b) secrecy of voting; production of works rests upon their authors and is c) sovereignty of verdicts; transmissible to their heirs for the time the law shall d) power to judge willful crimes against life; establish; XXXIX – there is no crime without a previous law to XXVIII – under the terms of the law, the following are define it, nor a punishment without a previous legal ensured: commination; a) protection of individual participation in collective XL – penal law shall not be retroactive, except to benefit works and of reproduction of the human image the defendant; and voice, sports activities included; XLI – the law shall punish any discrimination which b) the right to authors, interpreters, and respective may attempt against fundamental rights and liberties; unions and associations to monitor the economic

12 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition

XLII – the practice of racism is a non-bailable crime, with LIV – no one shall be deprived of freedom or of his no limitation, subject to the penalty of confinement, assets without the due process of law; under the terms of the law; LV – litigants, in judicial or administrative processes, XLIII – the practice of torture, the illicit traffic of narco- as well as defendants in general are ensured of the tics and related drugs, as well as terrorism, and crimes adversary system and of full defense, with the means defined as heinous crimes shall be considered by law as and resources inherent to it; non-bailable and not subject to grace or amnesty, and LVI – evidence obtained through illicit means are unac- their principals, agents, and those who omit themselves ceptable in the process; while being able to avoid such crimes shall be held liable; LVII – no one shall be considered guilty before the issuing XLIV – the action of armed groups, either civil or military, of a final and unappealable penal sentence; against the constitutional order and the democratic LVIII – no one who has undergone civil identification state is a non-bailable crime, with no limitation; shall be submitted to criminal identification, save in XLV – no punishment shall go beyond the person of the cases provided by law; the convict, and the obligation to compensate for the LIX – private prosecution in the cases of crimes subject damage, as well as the decreeing of loss of assets to public prosecution shall be admitted, whenever the may, under the terms of the law, be extended to the latter is not filed within the period established by law; successors and executed against them, up to the limit LX – the law may only restrict the publicity of proce- of the value of the assets transferred; dural acts when the defense of privacy or the social XLVI – the law shall regulate the individualization of interest require it; punishment and shall adopt the following, among others: LXI – no one shall be arrested unless in flagrante delicto a) deprivation or restriction of freedom; or by a written and justified order of a competent judicial b) loss of assets; authority, save in the cases of military transgression or c) fine; specific military crime, as defined in law; d) alternative rendering of social service; LXII – the arrest of any person as well as the place e) suspension or deprivation of rights; where he is being held shall be immediately informed XLVII – there shall be no punishment: to the competent judge and to the family of the person a) of death, save in case of declared war, under the arrested or to the person indicated by him; terms of article 84, item XIX; LXIII – the arrested person shall be informed of his b) of life imprisonment; rights, among which the right to remain silent, and he c) of hard labour; shall be ensured of assistance by his family and a lawyer; d) of banishment; LXIV – the arrested person is entitled to identification e) which is cruel; of those responsible for his arrest or for his police XLVIII – the sentence shall be served in separate esta- questioning; blishments, according to the nature of the offense, the LXV – illegal arrest shall be immediately remitted by age and the sex of the convict; the judicial authority; XLIX – prisoners are ensured of respect to their physical LXVI – no one shall be taken to prison or held therein, and moral integrity; when the law admits release on own recognizance, L – female prisoners shall be ensured of adequate con- subject or not to bail; ditions to stay with their children during the nursing LXVII – there shall be no civil imprisonment for indeb- period; tedness except in the case of a person responsible for LI – no Brazilian shall be extradited, except the natu- voluntary and inexcusable default of alimony obligation ralized ones in the case of a common crime committed and in the case of an unfaithful trustee; before naturalization, or in the case there is sufficient LXVIII – habeas corpus shall be granted whenever a evidence of participation in the illicit traffic of narcotics person suffers or is in danger of suffering violence or and related drugs, under the terms of the law; coercion against his freedom of locomotion, on account LII – extradition of a foreigner on the basis of political of illegal actions or abuse of power; or ideological crime shall not be granted; LXIX – a writ of mandamus shall be issued to protect a LIII – no one shall undergo legal proceeding or senten- clear and perfect right, not covered by habeas corpus cing save by the competent authority; or habeas data, whenever the party responsible for the illegal actions or abuse of power is a public official or

13 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition an agent of a corporate legal entity exercising duties the regime and from the principles adopted by it, or of the Government; from the international treaties in which the Federative LXX – a collective writ of mandamus may be filed by: Republic of Brazil is a party. a) a political party represented in the National Paragraph 3. International human rights treaties and Congress; conventions which are approved in each House of the b) a union, a professional association or an asso- National Congress, in two rounds of voting, by three ciation legally constituted and in operation for fifths of the votes of the respective members shall be at least one year, to defend the interests of its equivalent to constitutional amendments.2 members or associates; Paragraph 4. Brazil accepts the jurisdiction of an In- LXXI – a writ of injunction shall be granted whenever ternational Criminal Court to whose creation it has the absence of a regulatory provision disables the expressed its adhesion. exercise of constitutional rights and liberties, as well CHAPTER II – SOCIAL RIGHTS as the prerogatives inherent to nationality, sovereignty and citizenship; Article 6. Education, health, food, work, housing, trans- LXXII – habeas data shall be granted: portation, leisure, security, social welfare, protection a) to ensure the knowledge of information related of motherhood and childhood, and assistance to the to the person of the petitioner, contained in destitute, are social rights, as set forth by this Constitu- records or data banks of government agencies tion. (CA No. 26, 2000; CA No. 64, 2010; CA No. 90, 2015) or of agencies of a public character; Article 7. The following are rights of urban and rural b) for the correction of data, when the petitioner workers, among others that aim to improve their social does not prefer to do so through a confidential conditions: (CA No. 20, 1998; CA No. 28, 2000; CA No. 53, process, either judicial or administrative; 2006; CA No. 72, 2013) LXXIII – any citizen is a legitimate party to file a people’s I – employment protected against arbitrary dismissal legal action with a view to nullifying an act injurious or against dismissal without just cause, in accordance to the public property or to the property of an entity with a supplementary law which shall establish seve- in which the State participates, to the administrative rance-pay, among other rights; morality, to the environment, and to the historic and II – unemployment insurance, in the event of involuntary cultural heritage, and the author shall, save in the case unemployment; of proven bad faith, be exempt from judicial costs and III – severance-pay fund; from the burden of defeat; IV – nationally unified minimum monthly wage, esta- LXXIV – the State shall provide full and free-of-charge blished by law, capable of satisfying their basic living legal assistance to all who prove insufficiency of funds; needs and those of their families with housing, food, LXXV – the State shall compensate a convict for judicial education, health, leisure, clothing, hygiene, transpor- error, as well as a person who remains imprisoned for a tation, and social security, with periodical adjustments period longer than the one established by the sentence; to maintain its purchasing power, it being forbidden to LXXVI – for all who are acknowledgedly poor, the fol- use it as an index for any purpose; lowing is free of charge, under the terms of the law: V – a salary floor in proportion to the extent and com- a) civil birth certificate; plexity of the work; b) death certificate; VI – irreducibility of the wages, except when established LXXVII – habeas corpus and habeas data proceedings in collective agreement or covenant; and, under the terms of the law, the acts necessary to VII – guarantee of wages never below the minimum one, the exercise of citizenship are free of charge; for those receiving variable pay; LXXVIII – a reasonable length of proceedings and the VIII – year-end one-salary bonus based on the full pay means to guarantee their expeditious consideration or on the amount of the pension; are ensured to everyone, both in the judicial and ad- IX – pay rate for night-shift work higher than that for ministrative spheres. daytime work; Paragraph 1. The provisions defining fundamental rights X – wage protection, as provided by law, with felonious and guarantees are immediately applicable. withholding of wages being a crime; Paragraph 2. The rights and guarantees expressed in this Constitution do not exclude others deriving from 2. See International Acts equivalent to Constitutional Amendments.

14 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition

XI – participation in the profits or results, independent XXXI – prohibition of any discrimination with respect of wages, and, exceptionally, participation in the ma- to wages and hiring criteria of handicapped workers; nagement of the company, as defined by law; XXXII – prohibition of any distinction between manual, XII – family allowance paid to each dependent of low- technical, and intellectual work or among the respective -income workers, under the terms of the law; professionals; XIII – normal working hours not exceeding eight hours XXXIII – prohibition of night, dangerous, or unhealthy per day and forty-four hours per week, with the option work for minors under eighteen years of age, and of any of compensating working hours and reducing the length work for minors under sixteen years of age, except as of the workday through an agreement or a collective an apprentice, for minors above fourteen years of age; bargaining covenant; XXXIV – equal rights for workers with a permanent XIV – a workday of six hours for work carried out in employment bond and for sporadic workers. continuous shifts, unless otherwise established by Sole paragraph. The category of domestic workers is collective bargaining; ensured of the rights set forth in items IV, VI, VII, VIII, X, XV – paid weekly leave, preferably on Sundays; XIII, XV, XVI, XVII, XVIII, XIX, XXI, XXII, XXIV, XXVI, XXX, XXXI, XVI – rate of pay for overtime at least fifty per cent and XXXIII, and, observing the conditions established higher than that of normal work; by law and with due regard for simplified compliance XVII – annual vacation with remuneration at least one with both primary and ancillary tax obligations arising third higher than the normal salary; from labour relations and from their peculiarities, also XVIII – maternity leave without loss of job and of salary, of those rights set forth in items I, II, III, IX, XII, XXV, and for a period of one hundred and twenty days; XXVIII, as well as of integration in the Social Security XIX – paternity leave, under the terms established by law; system. XX – protection of the labour market for women through Article 8. Professional or union association is free, with specific incentives, as provided by law; regard for the following: XXI – advance notice of dismissal in proportion to the I – the law may not require authorization of the State length of service, of at least thirty days, as provided for a union to be founded, except for authorization by law; for registration with the competent agency, it being XXII – reduction of employment related risks by means forbidden to the Government the interference and the of health, hygiene and safety rules; intervention in the union; XXIII – additional remuneration for strenuous, unhealthy II – it is forbidden to create more than one union, at any or dangerous work, as established by law; level, representing a professional or economic category, XXIV – retirement pension; in the same territorial base, which shall be defined by XXV – free assistance for children and dependents of the workers or employers concerned, which base may up to five years of age, in day-care centres and pre-s- not cover less than the area of one Municipality; chool facilities; III – it falls to the union to defend the collective or in- XXVI – recognition of collective bargaining agreements dividual rights and interests of the category, including and covenants; legal or administrative disputes; XXVII – protection on account of automation, as esta- IV – the general assembly shall establish the contribution blished by law; which, in the case of a professional category, shall be XXVIII – occupational accident insurance, to be paid discounted from the payroll, to support the confede- for by the employer, without excluding the employer’s rative system of the respective union representation, liability for indemnity in the event of malice or fault; regardless of the contribution set forth by law; XXIX – legal action, with respect to credits arising from V – no one shall be required to join or to remain a employment relationships, with a limitation of five years member of a union; for urban and rural workers, up to the limit of two years VI – the collective labour bargainings must be held with after the end of the employment contract; the participation of unions; a) (revoked); VII – retired members shall be entitled to vote and be b) (revoked); voted on in unions; XXX – prohibition of any difference in wages, in the VIII – the dismissal of a unionised employee is forbidden performance of duties and in hiring criteria by reason from the moment of the registration of his candidacy to of sex, age, colour or marital status; a position of union direction or representation and, if

15 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition elected, even if as a substitute, up to one year after the uninterrupted years and without criminal con- end of his term in office, unless he commits a serious viction, provided that they apply for the Brazilian fault as established by law. nationality. Sole paragraph. The provisions of this article apply to Paragraph 1. The rights inherent to Brazilians shall the organization of rural unions and those of fishing be attributed to Portuguese citizens with permanent communities, with due regard for the conditions esta- residence in Brazil, if there is reciprocity in favour of blished by law. Brazilians, except in the cases stated in this Constitution. Paragraph 2. The law may not establish any distinction Article 9. The right to strike is guaranteed, it being the between born and naturalized Brazilians, except in the competence of the workers to decide on the advisability cases stated in this Constitution. of exercising it and on the interests to be defended Paragraph 3. The following offices are exclusive for thereby. born Brazilians: Paragraph 1. The law shall define the essential servi- I – those of President and Vice-President of the Republic; ces or activities and shall provide with respect to the II – that of President of the Chamber of Deputies; satisfaction of the community’s undelayable needs. III – that of President of the Federal Senate; Paragraph 2. The abuses committed shall subject those IV – that of Justice of the Federal Supreme Court; responsible to the penalties of the law. V – those of the diplomatic career; Article 10. The participation of workers and employers is VI – that of officer of the Armed Forces; ensured in the collegiate bodies of government agencies VII – that of Minister of Defense. in which their professional or social security interests Paragraph 4. Loss of nationality shall be declared for are subject of discussion and resolution. a Brazilian who: I – has his naturalization cancelled by court decision on Article 11. It is ensured, in companies with more than account of an activity harmful to the national interests; 200 employees, the election of a representative of the II – acquires another nationality, save in the cases: employees for the exclusive purpose of furthering direct a) of recognition of the original nationality by the negotiations with the employers. foreign law; CHAPTER III – NATIONALITY b) of imposition of naturalization, under the foreign rules, to the Brazilian resident in a foreign State, Article 12. The following are Brazilians: (RCA No. 3, 1994; as a condition for permanence in its territory, or CA No. 23, 1999; CA No. 54, 2007) for the exercise of civil rights. I – by birth: a) those born in the Federative Republic of Brazil, Article 13. Portuguese is the official language of the even if of foreign parents, provided that they are Federative Republic of Brazil. not at the service of their country; Paragraph 1. The national flag, anthem, coat of arms b) those born abroad, of a Brazilian father or a Bra- and seal are the symbols of the Federative Republic zilian mother, provided that either of them is at of Brazil. the service of the Federative Republic of Brazil; Paragraph 2. The States, the Federal District and the c) those born abroad, to a Brazilian father or a Bra- Municipalities may have symbols of their own. zilian mother, provided that they are registered CHAPTER IV – POLITICAL RIGHTS with a competent Brazilian authority, or come to reside in the Federative Republic of Brazil, and Article 14. The sovereignty of the people shall be exer- opt for the Brazilian nationality at any time after cised by universal suffrage and by the direct and secret reaching majority; voting, with equal value for all, and, according to the II – naturalized: law, by means of: (RCA No. 4, 1993; CA No. 16, 1997) a) those who, as set forth by law, acquire Brazilian I – plebiscite; nationality, it being the only requirement for II – referendum; persons originating from Portuguese-speaking III – people’s initiative. countries the residence for one uninterrupted Paragraph 1. Electoral enrollment and voting are: year and good moral repute; I – mandatory for persons over eighteen years of age; b) foreigners of any nationality, resident in the II – optional for: Federative Republic of Brazil for over fifteen a) the illiterate;

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b) those over seventy years of age; upon the issuing of the official certificate of electoral c) those over sixteen and under eighteen years of victory. age. Paragraph 9. In order to protect the administrative Paragraph 2. Foreigners cannot register as voters and probity, the morality for the exercise of the office, the neither can conscripts during their period of compulsory previous life of the candidate being considered, and military service; the normality and legitimacy of the elections against Paragraph 3. The conditions for eligibility, according the influence of the economic power or of the abuse to the law, are: in the holding of office, position or job in the direct I – the Brazilian nationality; or indirect public administration, a supplementary II – the full exercise of the political rights; law shall establish other cases of ineligibility and the III – the electoral enrollment; periods for such ineligibilities to cease. IV – the electoral domicile in the electoral district; Paragraph 10. The exercise of an elective mandate may V – the membership in a political party; be impugned before the Electoral Courts within a pe- VI – the minimum age of: riod of fifteen days after the date of the issuing of the a) thirty-five years for President and Vice-President official certificate of electoral victory, substantiating of the Republic and Senator; the suit with evidence of abuse of economic power, b) thirty years for Governor and Vice-Governor of corruption or fraud. a State and of the Federal District; Paragraph 11. The procedure of the suit impugning the c) twenty-one years for Federal Deputy, State or office shall be secret, and the plaintiff shall be liable District Deputy, Mayor, Vice-Mayor, and justice under the law if the suit is reckless or involves manifest of the peace; bad faith. d) eighteen years for City Councilman. Article 15. Disfranchisement of political rights is forbi- Paragraph 4. The illiterate and those that cannot be dden, the loss or suspension of which rights shall apply registered as voters are not eligible. only in the event of: Paragraph 5. The President of the Republic, the State and I – cancellation of naturalization by a final and unappeala- Federal District Governors, the Mayors and those who ble judgement; have succeeded or replaced them during their terms of II – absolute civil incapacity; office may be reelected for only one subsequent term. III – final and unappealable criminal sentence, for as Paragraph 6. In order to run for other offices, the Pre- long as its effects last; sident of the Republic, the State and Federal District IV – refusal to comply with an obligation imposed upon Governors and the Mayors have to resign from their everyone or to render an alternative service, according respective offices at least six months in advance of to article 5, item VIII; the election. V – administrative dishonesty, according to article 37, Paragraph 7. The spouse and relatives by blood or mar- paragraph 4. riage, up to the second degree or by adoption, of the President of the Republic, of the Governor of a State Article 16. The law that alters the electoral procedure or Territory or of the Federal District, of a Mayor or of shall come into force on the date of its publication, and those who have replaced them within the six months shall not apply to the elections that take place within preceding the election, are not eligible in the jurisdiction one year of it being in force. (CA No. 4, 1993) of the incumbent, unless they already hold an elective CHAPTER V – POLITICAL PARTIES office and are candidates for re-election. Paragraph 8. A member of the Armed Forces that can Article 17. The creation, amalgamation, merger and be registered as voter is eligible if the following con- extinction of political parties is free, with due regard ditions are met: for national sovereignty, the democratic regime, the I – if he has less than ten years of service, he shall have plurality of political parties, the fundamental rights of to take leave from military activities; the individual, and observing the following precepts: II – if he has more than ten years of service, he shall (CA No. 52, 2006) be discharged of military duties by his superiors and, I – national character; if elected, he shall automatically pass into retirement

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II – prohibition from receiving financial assistance from Article 19. The Union, the States, the Federal District a foreign entity or government or from subordination and the Municipalities are forbidden to: to same; I – establish religious sects or churches, subsidize them, III – rendering of accounts to the Electoral Courts; hinder their activities, or maintain relationships of de- IV – operation in the National Congress in accordance pendence or alliance with them or their representatives, with the law. without prejudice to collaboration in the public interest Paragraph 1. Political parties are ensured of autonomy in the manner set forth by law; to define their internal structure, organization, and II – refuse to honour public documents; operation, and to adopt the selection criteria and the III – create distinctions between Brazilians or preferen- composition of their electoral coalitions, without being ces favouring some. required to follow the same party alliances at the na- CHAPTER II – THE UNION tional, state, Federal District, or Municipal levels, and their by-laws shall establish rules of party loyalty and Article 20. The following are property of the Union: (CA discipline. No. 46, 2005) Paragraph 2. After acquiring corporate legal status under I – the property which presently belongs to it as well civil law, political parties shall register their by-laws at as that which may be attributed to it; the Superior Electoral Court. II – the unoccupied lands essential to the defense of Paragraph 3. Political parties are entitled to monies the boundaries, the fortifications and military cons- from the party fund and to free-of-charge access to tructions, the federal routes of communication and the radio and television, as established by law. preservation of the environment, as defined by law; Paragraph 4. Political parties are forbidden to use III – the lakes, rivers and any watercourses in lands paramilitary organizations. within its domain, or that wash more than one State, that serve as boundaries with other countries, or that TITLE III – THE ORGANIZATION OF THE STATE extend into foreign territory or proceed therefrom, as CHAPTER I – THE POLITICAL AND well as bank lands and river beaches; ADMINISTRATIVE ORGANIZATION IV – the river and lake islands in zones bordering with other countries; sea beaches; ocean and off-shore Article 18. The political and administrative organization islands, excluding those which are the seat of Munici- of the Federative Republic of Brazil comprises the Union, palities, with the exception of areas assigned to public the States, the Federal District and the Municipalities, services and to federal environmental units, and those all of them autonomous, as this Constitution provides. referred to in article 26, item II; (CA No. 15, 1996) V – the natural resources of the continental shelf and Paragraph 1. Brasília is the federal capital. of the exclusive economic zone; Paragraph 2. The federal Territories are part of the Union VI – the territorial sea; and their establishment, transformation into States or VII – tide lands and those added to them; reintegration into the State of origin shall be regulated VIII – the hydraulic energy potentials; by a supplementary law. IX – the mineral resources, including those of the subsoil; Paragraph 3. The States may merge into each other, X – the natural underground cavities and the archaeo- subdivide or dismember to be annexed to others or logical and pre-historic sites; to form new States or federal Territories, subject to XI – those lands traditionally occupied by the Indians. the approval of the population directly concerned, by Paragraph 1. In accordance with the law, the participation means of a plebiscite, and of the National Congress, by in the results of the exploitation of petroleum or natu- means of a supplementary law. ral gas, hydric resources for the purpose of generation Paragraph 4. The establishment, merger, fusion and of electric power and other mineral resources in the dismemberment of Municipalities shall be effected respective territory, continental shelf, territorial sea through State law, within the period set forth by su- or exclusive economic zone, or financial compensation pplementary federal law, and shall depend on prior for the exploitation thereof, is assured to the States, consultation, by means of a plebiscite, of the population the Federal District and the Municipalities, as well as of the Municipalities concerned, after the publication of to agencies of the direct administration of the Union. Municipal Feasibility Studies, presented and published as set forth by law.

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Paragraph 2. The strip of land up to a hundred and fifty XIII – organize and maintain the Judicial Power, the Public kilometers in width alongside the terrestrial boundaries, Prosecution of the Federal District and of the Territories, designated as boundary zone, is considered essential to and the Public Legal Defense of the Territories; the defense of the national territory and its occupation XIV – organize and maintain the plainclothes police, the and utilization shall be regulated by law. uniformed police force, and the uniformed fire brigade of the Federal District, as well as to provide financial Article 21. The Union shall have the power to: (CA No. 8, support to the Federal District for the carrying out of 1995; CA No. 19, 1998; CA No. 49, 2006; CA No. 69, 2012) public services by means of a specific fund; I – maintain relations with foreign States and participate XV – organize and maintain the official services of in international organizations; statistics, geography, geology and cartography of na- II – declare war and make peace; tional scope; III – ensure national defense; XVI – classify, for indicative purposes, public entertain- IV – allow foreign forces, in the cases provided for in ment and radio and television programs; a supplementary law, to pass through the national XVII – grant amnesty; territory or to remain therein temporarily; XVIII – plan and promote permanent defense against V – declare a state of siege, a state of defense and public disasters, especially droughts and floods; federal intervention; XIX – establish a national system for the management of VI – authorize and control the production and trade of hydric resources and define criteria for the concession military materiel; of the right to their use; VII – issue currency; XX – establish directives for urban development, inclu- VIII – manage the foreign exchange reserves of the ding housing, basic sanitation and urban transportation; country and control financial operations, especially XXI – establish principles and directives for the national those of credit, exchange and capitalization, as well transportation system; as insurance and private security; XXII – perform the services of maritime, airport, and IX – prepare and carry out national and regional plans border police; for the ordaining of the territory and for economic and XXIII – operate nuclear energy services and facilities of social development; any nature and exercise state monopoly over research, X – maintain the postal service and the national air mail; mining, enrichment and reprocessing, industrialization XI – operate, directly or through authorization, concession and trade in nuclear ores and their by-products, taking or permission, the telecommunications services, as set into account the following principles and conditions: forth by law, which law shall provide for the organiza- a) all nuclear activity within the national territory tion of the services, the establishment of a regulatory shall only be admitted for peaceful purposes and agency and other institutional issues; subject to approval by the National Congress; XII – operate, directly or through authorization, con- b) under a permission, authorization is granted for cession or permission: the sale and use of radioisotopes in research and a) the services of sound broadcasting and of sound for medical, agricultural, and industrial purposes; and image broadcasting; c) under a permission, authorization is granted for b) the electric power services and facilities and the the production, sale, and use of radioisotopes energetic exploitation of watercourses, jointly with a half-life lower than two hours; with the States wherein those hydro-energetic d) civil liability for nuclear damages does not depend potentials are located; on the existence of fault; c) air and aerospace navigation and airport XXIV – organize, maintain and carry out inspection of infrastructure; working conditions; d) railway and waterway services between seaports XXV – establish the areas and conditions for the exercise and national borders or which cross the boundary of placer mining activities in associative form. of a State or Territory; e) interstate and international highway passenger Article 22. The Union has the exclusive power to legislate transportation services; on: (CA No. 19, 1998; CA No. 69, 2012) f) sea, river and lake ports; I – civil, commercial, criminal, procedural, electoral, agrarian, maritime, aeronautical, space and labour law; II – expropriation;

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III – civil and military requisitioning, in case of imminent Sole paragraph. A supplementary law may authorize danger or in times of war; the States to legislate upon specific questions related IV – waters, energy, informatics, telecommunications to the matters listed in this article. and radio broadcasting; Article 23. The Union, the States, the Federal District V – the postal service; and the Municipalities, in common, have the power: (CA VI – the monetary and measures systems, metal certi- No. 53, 2006; CA No. 85, 2015) ficates and guarantees; I – to ensure that the Constitution, the laws and the VII – policies for credit, foreign exchange, insurance democratic institutions are respected and that public and transfer of values; property is preserved; VIII – foreign and interstate trade; II – to provide for health and public assistance, for the IX – guidelines for the national transportation policy; protection and safeguard of handicapped persons; X – the regime of the ports and lake, river, ocean, air III – to protect the documents, works and other assets and aerospace navigation; of historical, artistic or cultural value, the monuments, XI – traffic and transportation; the remarkable landscapes and the archaeological sites; XII – beds of ore, mines, other mineral resources and IV – to prevent works of art and other assets of histori- metallurgy; cal, artistic and cultural value from being taken out of XIII – nationality, citizenship and naturalization; the country, destroyed or from being deprived of their XIV – Indian populations; original characteristics; XV – emigration, immigration, entry, extradition and V – to provide the means of access to culture, education, expulsion of foreigners; science, technology, research, and innovation; XVI – the organization of the national employment VI – to protect the environment and to fight pollution system and conditions for the practice of professions; in any of its forms; XVII – the judicial organization, the organization of VII – to preserve the forests, fauna and flora; the Public Prosecution of the Federal District and of VIII – to promote agriculture and organize the supply the Territories and of the Public Legal Defense of the of foodstuff; Territories, as well as their administrative organization; IX – to promote housing construction programs and the XVIII – the national statistical, cartographic and geo- improvement of housing and basic sanitation conditions; logical systems; X – to fight the causes of poverty and the factors lea- XIX – systems of savings, as well as of obtaining and ding to substandard living conditions, promoting the guaranteeing popular savings; social integration of the unpriviledged sectors of the XX – consortium and lottery systems; population; XXI – general organization rules, troops, ordnance, XI – to register, monitor and control the concessions guarantees, drafting and mobilization of the military of rights to research and exploit hydric and mineral police and military fire brigades; resources within their territories; XXII – the jurisdiction of the federal police and of the XII – to establish and to implement an educational federal highway and military polices; policy for traffic safety. XXIII – social security; Sole paragraph. Supplementary laws shall establish XXIV – directives and bases of the national education; rules for the cooperation between the Federal Gover- XXV – public registers; nment and the States, the Federal District, and the XXVI – nuclear activities of any nature; Municipalities, aiming at the attainment of balanced XXVII – general rules for all types of bidding and contrac- development and well-being on a nationwide scope. ting for governmental entities, associate government agencies, and foundations of the Union, the States, the Article 24. The Union, the States and the Federal Dis- Federal District, and the Municipalities, in accordance trict have the power to legislate concurrently on: (CA with article 37, item XXI, and for public enterprises and No. 85, 2015) joint stock companies, under the terms of article 173, I – tax, financial, penitentiary, economic and urbanistic paragraph 1, item III; law; XXVIII – territorial defense, aerospace defense, maritime II – budget; defense, civil defense, and national mobilization; III – trade boards; XXIX – commercial advertising. IV – costs of forensic services;

20 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition

V – production and consumption; of adjacent Municipalities, in order to integrate the VI – forests, hunting, fishing, fauna, preservation of organization, the planning and the operation of public nature, defense of the soil and natural resources, pro- functions of common interest. tection of the environment and control of pollution; Article 26. The property of the States includes: VII – protection of the historic, cultural and artistic I – surface or subterranean waters, flowing, emerging heritage, as well as of assets of touristic interest and or in deposit, with the exception, in this case, of those landscapes of outstanding beauty; resulting from work carried out by the Union, as pro- VIII – liability for damages to the environment, to con- vided by law; sumers, to assets and rights of artistic, aesthetic, II – the areas, on ocean and coastal islands, which are historical, and touristic value, as well as to remarkable within their domain, excluding those under the domain landscapes; of the Union, the Municipalities or third parties; IX – education, culture, teaching, sports, science, tech- III – the river and lake islands which do not belong to nology, research, development, and innovation; the Union; X – establishment, operation and procedures of small IV – the unoccupied lands not included among those claims courts; belonging to the Union. XI – judicial procedures; XII – social security, protection and defense of health; Article 27. The number of Deputies in the Legislative XIII – legal assistance and public defense; Assembly shall correspond to three times the repre- XIV – protection and social integration of handicapped sentation of the State in the Chamber of Deputies and, persons; when the number of thirty-six has been reached, it shall XV – protection of childhood and youth; be increased by as many members as the number of XVI – organization, guarantees, rights and duties of Federal Deputies exceeding twelve. (CA No. 1, 1992; CA the civil polices. No. 19, 1998) Paragraph 1. Within the scope of concurrent legislation, Paragraph 1. The term of office of the State Deputies the competence of the Union shall be limited to the shall be four years and the provisions of this Constitution establishment of general rules. shall be applied to them in what refers to the electoral Paragraph 2. The competence of the Union to legislate system, inviolability, immunities, remuneration, loss of upon general rules does not exclude the supplementary office, leave of absence, impediments, and incorporation competence of the States. into the Armed Forces. Paragraph 3. If there is no federal law on general rules, Paragraph 2. The compensation of State Deputies shall the States shall exercise full legislative competence to be established by an act of the State Legislative Assem- provide for their peculiarities. bly, in the proportion of seventy-five percent, at most, Paragraph 4. The supervenience of a federal law over of the compensation established, in legal tender, for general rules suspends the effectiveness of a State law Federal Deputies, as provided by articles 39, paragraph to the extent that the two are contrary. 4; 57, paragraph 7; 150, item II; 153, item III; and 153, paragraph 2, item I. CHAPTER III – THE FEDERATED STATES Paragraph 3. The Legislative Assemblies shall have the Article 25. The States are organized and governed by the power to provide upon their internal regulations, police, Constitutions and laws they may adopt, in accordance and the administrative services of their Secretariat and with the principles of this Constitution. (CA No. 5, 1995) to fill in the respective offices. Paragraph 1. All powers that this Constitution does not Paragraph 4. The law shall provide for the people’s prohibit the States from exercising shall be conferred initiative in the State legislative process. upon them. Article 28. The election of the Governor and the Vice- Paragraph 2. The States shall have the power to operate, -Governor of a State, for a term of office of four years, directly or by means of concession, the local services shall be held on the first Sunday of October, in the first of piped gas, as provided for by law, it being forbidden round, and on the last Sunday of October, in the second to issue any provisional measure for its regulation. round, as the case may be, of the year preceding the one Paragraph 3. The States may, by means of a supplemen- in which the term of office of their predecessors ends, tary law, establish metropolitan regions, urban agglo- and they shall take office on January 1 of the following merations and microregions, formed by the grouping

21 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition year, in accordance, otherwise, with the provisions of and with up to 120,000 (one hundred and twenty article 77. (CA No. 16, 1997; CA No. 19, 1998) thousand) inhabitants; Paragraph 1. The Governor who takes another post or f) 19 (nineteen) councilmen, in Municipalities with function in governmental entities or entities owned by over 120,000 (one hundred and twenty thousand) the Government shall lose his office, with the excep- inhabitants and with up to 160,000 (one hundred tion of the taking of office by virtue of a public sector and sixty thousand) inhabitants; entrance examination, and with due regard for the g) 21 (twenty-one) councilmen, in Municipalities provisions in article 38, items I, IV, and V. with over 160,000 (one hundred and sixty thou- Paragraph 2. The compensation of the Governor, the sand) inhabitants and with up to 300,000 (three Vice-Governor, and of the State Cabinet Members shall hundred thousand) inhabitants; be established by an act of the State Legislative Assem- h) 23 (twenty-three) councilmen, in Municipalities bly, as provided by articles 37, item XI, 39, paragraph 4, with over 300,000 (three hundred thousand) 150, item II, 153, item III, and 153, paragraph 2, item I. inhabitants and with up to 450,000 (four hundred and fifty thousand) inhabitants; CHAPTER IV – THE MUNICIPALITIES i) 25 (twenty-five) councilmen, in Municipalities with Article 29. Municipalities shall be governed by organic over 450,000 (four hundred and fifty thousand) law, voted in two readings, with a minimum interval inhabitants and with up to 600,000 (six hundred of ten days between the readings, and approved by thousand) inhabitants; two-thirds of the members of the Municipal Chamber, j) 27 (twenty-seven) councilmen, in Municipalities which shall promulgate it, observing the principles with over 600,000 (six hundred thousand) inha- established in this Constitution, in the Constitution of bitants and with up to 750,000 (seven hundred the respective State and the following precepts: (CA thousand) inhabitants; No. 1, 1992; CA No. 16, 1997; CA No. 19, 1998; CA No. 25, k) 29 (twenty-nine) councilmen, in Municipalities 2000; CA No. 58, 2009) with over 750,000 (seven hundred thousand) I – election of the Mayor, Vice-Mayor and Councilmen inhabitants and with up to 900,000 (nine hundred for a term of office of four years, by means of direct thousand) inhabitants; election held simultaneously throughout the country; l) 31 (thirty-one) councilmen, in Municipalities with II – election of the Mayor and Vice-Mayor on the first over 900,000 (nine hundred thousand) inhabitants Sunday of October of the year preceding the end of the and with up to 1,050,000 (one million and fifty term of office of those they are to succeed, subject, in thousand) inhabitants; the case of Municipalities with over two hundred thou- m) 33 (thirty-three) councilmen, in Municipalities with sand voters, to the provisions set forth in article 77; over 1,050,000 (one million and fifty thousand) III – investiture of the Mayor and Vice-Mayor on January inhabitants and with up to 1,200,000 (one million 1 of the year subsequent to the year of the election; and two hundred thousand) inhabitants; IV – the following limits shall apply to the composition n) 35 (thirty-five) councilmen, in Municipalities with of Municipal Chambers: over 1,200,000 (one million and two hundred a) 9 (nine) councilmen, in Municipalities with up to thousand) inhabitants and with up to 1,350,000 15,000 (fifteen thousand) inhabitants; (one million three hundred and fifty thousand) b) 11 (eleven) councilmen, in Municipalities with inhabitants; over 15,000 (fifteen thousand) inhabitants and o) 37 (thirty-seven) councilmen, in Municipalities with with up to 30,000 (thirty thousand) inhabitants; 1,350,000 (one million three hundred and fifty c) 13 (thirteen) councilmen, in Municipalities with thousand) inhabitants and with up to 1,500,000 over 30,000 (thirty thousand) inhabitants and (one million five hundred thousand) inhabitants; with up to 50,000 (fifty thousand) inhabitants; p) 39 (thirty-nine) councilmen, in Municipalities d) 15 (fifteen) councilmen, in Municipalities with with over 1,500,000 (one million five hundred over 50,000 (fifty thousand) inhabitants and with thousand) inhabitants and with up to 1,800,000 up to 80,000 (eighty thousand) inhabitants; (one million eight hundred thousand) inhabitants; e) 17 (seventeen) councilmen, in Municipalities q) 41 (forty-one) councilmen, in Municipalities with over 80,000 (eighty thousand) inhabitants with over 1,800,000 (one million eight hundred

22 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition

thousand) inhabitants and with up to 2,400,000 d) in Municipalities having between one hundred (two million four hundred thousand) inhabitants; thousand and one inhabitants and three hundred r) 43 (forty-three) councilmen, in Municipalities thousand inhabitants, the compensation of Local with over 2,400,000 (two million four hundred Councilmen shall correspond, at the most, to fifty thousand) inhabitants and with up to 3,000,000 percent of the compensation of State Deputies; (three million) inhabitants; e) in Municipalities having between three hundred s) 45 (forty-five) councilmen, in Municipalities with thousand and one inhabitants and five hundred over 3,000,000 (three million) inhabitants and thousand inhabitants, the compensation of Local with up to 4,000,000 (four million) inhabitants; Councilmen shall correspond, at the most, to sixty t) 47 (forty-seven) councilmen, in Municipalities percent of the compensation of State Deputies; with over 4,000,000 (four million) inhabitants and f) in Municipalities having over five hundred thou- with up to 5,000,000 (five million) inhabitants; sand inhabitants, the compensation of Local u) 49 (forty-nine) councilmen, in Municipalities with Councilmen shall correspond, at the most, to over 5,000,000 (five million) inhabitants and with seventy-five percent of the compensation of up to 6,000,000 (six million) inhabitants; State Deputies; v) 51 (fifty-one) councilmen, in Municipalities with VII – the total expenditure with the remuneration of over 6,000,000 (six million) inhabitants and with the City Councilmen may not exceed the amount of five up to 7,000,000 (seven million) inhabitants; percent of the revenue of the Municipality; w) 53 (fifty-three) councilmen, in Municipalities with VIII – inviolability of the Councilmen on account of their over 7,000,000 (seven million) inhabitants and opinions, words and votes while in office and within the with up to 8,000,000 (eight million) inhabitants; jurisdiction of the Municipality; and IX – prohibitions and incompatibilities, while in the x) 55 (fifty-five) councilmen, in Municipalities with exercise of the office of City Councilman, similar, where over 8,000,000 (eight million) inhabitants; applicable, to the provisions of this Constitution for the V – compensation of the Mayor, the Vice-Mayor, and members of the National Congress and of the Consti- the Local Cabinet Members established by an act of tution of the respective State for the members of the the Town Council, as provided by articles 37, item XI, Legislative Assembly; 39, paragraph 4, 150, item II, 153, item III, and 153, X – trial of the Mayor before the Court of Justice; paragraph 2, item I; XI – organization of the legislative and supervisory VI – the compensation of Local Councilmen shall be functions of the Municipal Chamber; stipulated by their respective Town Councils in each XII – cooperation of the representative associations in legislative term for the subsequent one, with due regard Municipal planning; for the provisions of this Constitution, in accordance XIII – public initiative in the presenting of bills of specific with the criteria set forth in the respective Organic Law interest to the Municipality, the city or the neighborhoods, and the following maximum limits: by means of the manifestation of at least five percent a) In Municipalities having up to ten thousand inha- of the electorate; bitants, the compensation of Local Councilmen XIV – loss of the office of mayor, as provided in article shall correspond, at the most, to twenty percent 28, Sole paragraph.3 of the compensation of State Deputies; Article 29-A. The total expenditures of the Municipal b) in Municipalities having between ten thousand and Legislative Branch, including the compensation of Local fifty thousand inhabitants, the compensation of Councilmen and excluding outlays on retired personnel, Local Councilmen shall correspond, at the most, may not exceed the following percentages, related to to thirty percent of the compensation of State the total amount, effectively realized in the prior year, Deputies; of tax revenues and the transfers set forth in paragraph c) in Municipalities having between fifty thousand 5 of article 153, and in articles 158 and 159: (CA No. 25, and one inhabitants and one hundred thousand 2000; CA No. 58, 2009) inhabitants, the compensation of Local Councilmen I – 7% (seven percent) in the case of Municipalities ha- shall correspond, at the most, to forty percent ving up to 100,000 (one hundred thousand) inhabitants; of the compensation of State Deputies;

3. Should read as “paragraph 1”, by virtue of the provisions of article 2 of CA No. 19, 1998.

23 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition

II – 6% (six percent) in the case of Municipalities having VII – provide, with the technical and financial coope- between 100,000 (one hundred thousand) and 300,000 ration of the Union and the State, health services to (three hundred thousand) inhabitants; the population; III – 5% (five percent) in the case of Municipalities ha- VIII – promote, wherever pertinent, adequate territorial ving between 300,001 (three hundred thousand and ordaining, by means of planning and control of use, one) inhabitants and 500,000 (five hundred thousand) apportionment and occupation of the urban soil; inhabitants; IX – promote the protection of the local historic and IV – 4.5% (four and five tenths per cent) in the case cultural heritage, with due regard for federal and state of Municipalities having between 500,001 (five hun- legislation and supervision. dred thousand and one) and 3,000,000 (three million) Article 31. Supervision of the Municipality shall be inhabitants; exercised by the Municipal legislature, through outside V – 4% (four percent) in the case of Municipalities having control, and by the internal control systems of the Muni- between 3,000,001 (three million and one) and 8,000,000 cipal Executive branch, in the manner called for by law. (eight million) inhabitants; Paragraph 1. Outside control of the Municipal Chamber VI – 3.5% (three and five tenths per cent) in the case of shall be exercised with the assistance of the State or Municipalities having over 8,000,001 (eight million and Municipal Audit Court, or of the Municipal Audit Councils one) inhabitants. or Courts, where they exist. Paragraph 1. The Town Council shall not spend more Paragraph 2. The prior report, issued by the competent than seventy percent of its allocation on the payroll, agency, on the accounts to be rendered annually by the including expenses on the compensation of its member Mayor, shall not prevail only by a decision of two-thirds councilmen. of the members of the City Council. Paragraph 2. The following acts of the Municipal Mayor Paragraph 3. The accounts of the Municipalities shall are crimes of malversation: remain, for sixty days annually, at the disposal, for I – to effect a remittance in excess of the limits stipu- examination and consideration, of any taxpayer, who lated in this article; may question their legitimacy, as the law provides. II – not to effect a remittance before the twentieth day Paragraph 4. The creation of Municipal Courts, Councils of each month; or agencies of accounts is forbidden. III – to effect a remittance below the proportion stipulated in the Budgetary Law. CHAPTER V – THE FEDERAL DISTRICT Paragraph 3. It shall be a crime of malversation for the AND THE TERRITORIES President of the Town Council to disobey paragraph 1 Section I – The Federal District of this article. Article 32. The Federal District, which may not be divided Article 30. The Municipalities have the power to: (CA into Municipalities, shall be governed by an organic law, No. 53, 2006) voted in two readings, with a minimum interval of ten I – legislate upon matters of local interest; days, and approved by two-thirds of the Legislative II – supplement federal and state legislations where Chamber, which shall enact it, in accordance with the pertinent; principles set forth in this Constitution. III – institute and collect taxes within their jurisdiction, Paragraph 1. The legislative powers reserved to the as well as to apply their revenues, without prejudice States and Municipalities are attributed to the Federal to the obligation of rendering accounts and publishing District. balance sheets within the periods established by law; Paragraph 2. The election of the Governor and the IV – create, organize and suppress districts, with due Vice-Governor, complying with the rules of article 77, regard for the State legislation; and of the District Deputies shall coincide with that of V – organize and render, directly or by concession or the State Governors and Deputies, for a term of office permission, the public services of local interest, inclu- of the same duration. ding mass-transportation, which is of essential nature; Paragraph 3. The provisions of article 27 apply to the VI – maintain, with the technical and financial cooperation District Deputies and the Legislative Chamber. of the Federal Government and the State, programs of infant and elementary school education;

24 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition

Paragraph 4. A federal law shall provide for the use, by e) the application of the minimum required amount the Government of the Federal District, of the civil and of the revenues resulting from state taxes, inclu- military polices and the military fire brigade. ding revenues originating from transfers, to the maintenance and development of education and Section II – The Territories to health actions and public services. Article 33. The law shall provide for the administrative Article 35. The State shall not intervene in its Munici- and judicial organization of the Territories. palities, neither the Union in the Municipalities located Paragraph 1. The Territories may be divided into Muni- in a federal Territory, except when: (CA No. 29, 2000) cipalities, to which the provisions of Chapter IV of this I – the funded debt is not paid for two consecutive Title shall be applied, insofar as pertinent. years, without reasons of force majeure; Paragraph 2. The accounts of the Government of the II – the due accounts are not rendered, in the manner Territory shall be submitted to the National Congress, prescribed by law; with the prior opinion of the Federal Audit Court. III – the minimum required amount of the Municipal Paragraph 3. In the federal Territories with over a hun- revenues has not been applied to the maintenance dred thousand inhabitants, in addition to the Governor, and development of education and to health actions appointed as set forth in this Constitution, there shall and public services; be judicial agencies of first and second instances, mem- IV – the Court of Justice grants a petition to ensure bers of the Public Prosecution and Federal Public Legal observance of the principles indicated in the State Defenders; the law shall provide for the elections to Constitution or to provide for the enforcement of the the Territory Chamber and its decision-making powers. law, judicial order or decision. CHAPTER VI – INTERVENTION Article 36. The issuance of a decree of intervention shall Article 34. The Union shall not intervene in the States depend: (CA No. 45, 2004) or in the Federal District, except: (CA No. 14, 1996; CA I – on a request from the coerced or impeded Legislative No. 29, 2000) or Executive Power, or on a requisition from the Federal I – to maintain national integrity; Supreme Court, if the coercion is exercised against the II – to repel foreign invasion or that of one unit of the Judicial Power, in the case of article 34, item IV; Federation into another; II – in case of disobedience to a judicial order or decision, III – to put an end to serious jeopardy to public order; on a requisition from the Federal Supreme Court, the IV – to guarantee the free exercise of any of the powers Superior Court of Justice or the Superior Electoral Court; of the units of the Federation; III – on the granting of a petition from the Attorney-Ge- V – to reorganize the finances of a unit of the Federa- neral of the Republic by the Federal Supreme Court, in tion that: the case of article 34, item VII, and in the case of refusal a) stops the payment of its funded debt for more to enforce a federal law; than two consecutive years, except for reasons IV – (revoked). of force majeure; Paragraph 1. The decree of intervention, which shall b) fails to deliver to the Municipalities the tax reve- specify the extent, the period and the conditions of nues established in this Constitution, within the enforcement and which, if pertinent, shall appoint the periods of time set forth by law; intervenor, shall be submitted to the National Congress VI – to provide for the enforcement of federal law, ju- or the State Legislative Assembly for consideration, dicial order or decision; within twenty-four hours. VII – to ensure compliance with the following consti- Paragraph 2. If the National Congress or the Legislative tutional principles: Assembly are not in session, a special session shall be a) republican form, representative system and called within the same twenty-four hours. democratic regime; Paragraph 3. In the case of article 34, items VI and VII, b) rights of the human person; or article 35, item IV, when the consideration by the c) Municipal autonomy; National Congress or the Legislative Assembly may d) rendering of accounts of the direct and indirect be waived, the decree shall be limited to suspending public administration; the enforcement of the impugned act, if such measure suffices to restore normality.

25 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition

Paragraph 4. Upon cessation of the reasons that caused IX – the law shall establish the cases of hiring for a the intervention, the authorities removed from their limited period of time to meet a temporary need of offices shall return to them, unless there is some legal exceptional public interest; impediment. X – the remuneration of Government employees and the compensation referred to in paragraph 4 of article CHAPTER VII – PUBLIC ADMINISTRATION 39 may only be established or altered by means of a Section I – General Provisions specific law, with due regard for the exclusive capacity to introduce a law in each case, an annual general review Article 37. The governmental entities and entities owned being ensured, always on the same date and without by the Government in any of the powers of the Union, distinction between the indices; the States, the Federal District and the Municipalities XI – the remuneration and the compensation of the shall obey the principles of lawfulness, impersonality, holders of public offices, functions, and positions in morality, publicity, and efficiency, and also the follo- governmental entities, associate government agencies, wing: (CA No. 18, 1998; CA No. 19, 1998; CA No. 20, 1998; and foundations; of the members of any of the Powers CA No. 34, 2001; CA No. 41, 2003; CA No. 42, 2003; CA of the Union, of the States, the Federal District, and the No. 47, 2005) Municipalities; of the holders of elective offices, and of I – public offices, positions and functions are accessible any other political agent, as well as the pay, pension, to all Brazilians who meet the requirements establi- or other type of remuneration, earned on a cumulative shed by law, as well as to foreigners, under the terms basis or not, including advantages of a personal natu- of the law; re or of any other nature, may not be higher than the II – investiture in a public office or position depends on monthly compensation, in legal tender, of the Justices previously passing an entrance examination consisting of the Federal Supreme Court, and the following limits of tests or tests and presentation of academic and pro- shall be applied: in Municipalities, the compensation of fessional credentials, according to the nature and the the Mayor; in the States and in the Federal District, the complexity of the office or position, as provided by law, monthly compensation of the Governor in the sphere of except for appointment to a commission office declared the Executive Branch, the compensation of State and by law as being of free appointment and discharge; Federal District Deputies in the sphere of the Legisla- III – the period of validity of a public entrance exami- tive Branch, and the compensation of the Judges of the nation shall be up to two years, extendable once for a State Court of Justice, limited to ninety and twenty-five like period of time; hundredths percent of the monthly compensation, in IV – during the unextendable period established in the legal tender, of the Justices of the Federal Supreme public call notice, a person who has passed a public Court in the sphere of the Judicial Branch, this limit entrance examination of tests, or of tests and presen- being applicable to the members of the Office of the tation of academic and professional credentials, shall Public Interest Attorney, to Prosecutors, and to Public be called with priority over newly approved applicants, Legal Defenders; to take an office or position in the career; XII – the salaries for positions of the Legislative and V – positions of trust, exercised exclusively by public Judicial Powers may not be higher than those paid by employees holding an effective post, and commission the Executive Power; offices, to be exercised by career employees in the XIII – the linkage or equalization of any type of pay for cases, under the conditions and within the minimum purposes of the remuneration of the personnel in the percentages established in law, are reserved exclusively public services is forbidden; for the duties of directors, chiefs of staff, and assistants; XIV – the pecuniary raises received by a government VI – the right to free union association is guaranteed employee shall not be computed or accumulated for to civil servants; purposes of granting subsequent raises; VII – the right to strike shall be exercised in the manner XV – the compensation and the salaries of holders of and within the limits defined by a specific law; public offices and positions may not be reduced, except VIII – the law shall reserve a percentage of public offices for the provisions of items XI and XIV of this article and and positions for handicapped persons and shall define of articles 39, paragraph 4, 150, item II, 153, item III, and the criteria for their admittance; 153, paragraph 2, item I;

26 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition

XVI – remunerated accumulation of public offices is Paragraph 2. Non-compliance with the provisions of forbidden, except, when there is compatibility of wor- items II and III shall result in the nullity of the act and king hours, and with due regard, in any instance, for punishment of the responsible authority, as the law the provision of item XI: provides. a) of two teaching positions; Paragraph 3. The law shall regulate the forms of partici- b) of one teaching position with another technical pation of users in governmental entities and in entities or scientific position; owned by the Government, especially as regards: c) of two positions or jobs which are exclusive for I – claims relating to the rendering of public services in health professionals, with regulated professions; general, the provision of user services being ensured, XVII – the prohibition to accumulate extends to posi- as well as periodical assessment, both external and tions and functions and includes associate government internal, of the quality of services; agencies, foundations, public enterprises, joint stock II – the access of users to administrative records and companies, their subsidiary companies, and companies to information about Government initiatives, with due controlled either directly or indirectly by the Government; regard for article 5, items X and XXXIII; XVIII – the financial administration and its revenue III – the rules of a complaint against negligence or officers shall, within their spheres of authority and ju- abuse in the exercise of an office, position or function risdiction, have the right to precedence over the other in government services. administrative sectors, as the law provides; Paragraph 4. Acts of administrative dishonesty shall XIX – the creation of an associate Government agency result in the suspension of political rights, loss of public and the establishment of a public enterprise, a joint function, prohibition to transfer personal property and stock company, and a foundation may only take place reimbursement to the Public Treasury, in the manner by means of a specific law, and, in the latter case, a and grading established by law, without prejudice to supplementary law shall specify the areas of operation; the applicable criminal action. XX – the creation of subsidiaries of the agencies men- Paragraph 5. The law shall establish the limitations for tioned in the preceding item depends on legislative illicit acts, performed by any agent, whether or not a authorization, in each case, as well as the participation Government employee, which cause losses to the Public by any of them in a private company; Treasury, without prejudice to the respective claims for XXI – with the exception of the cases specified in law, reimbursement. public works, services, purchases and disposals shall Paragraph 6. Public legal entities and private legal be contracted by public bidding proceedings that en- entities rendering public services shall be liable for sure equal conditions to all bidders, with clauses that damages that any of their agents, acting as such, cause establish payment obligations, maintaining the effective to third parties, ensuring the right of recourse against conditions of the bid, as the law provides, which shall the liable agent in cases of malice or fault. only allow the requirements of technical and economic Paragraph 7. The law shall establish the requirements qualifications indispensable to guarantee the fulfilling and restrictions regarding the holder of an office or of the obligations; position, in governmental entities and entities owned XXII – the tax administrations of the Union, of the Sta- by the government, which provides access to inside tes, the Federal District, and the Municipalities, whose information. activities are essential for the operation of the State Paragraph 8. The managerial, budgetary and financial and are exercised by employees of specific careers, autonomy of governmental agencies and entities, as shall have priority funds for the implementation of well as of entities owned by the Government, may be their activities and shall work in an integrated manner, extended by means of a contract, to be entered into by including the sharing of tax rolls and fiscal information, their administrators and the Government, with a view to under the terms of the law or of a covenant. the establishment of performance goals for the agency Paragraph 1. The publicity of the acts, programmes, or entity, and the law shall provide for: public works, services and campaigns of Government I – the term of the contract; agencies shall be of educational, informative or social II – the controls and criteria for the appraisal of perfor- orientation character, and shall not contain names, sym- mance, rights, duties, and liability of managing officers; bols or images that characterize personal propaganda III – the remuneration of the employees. of Government authorities or employees.

27 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition

Paragraph 9. The provision of item XI applies to the V – for purposes of social security benefits, in the case public enterprises and to joint stock companies and of leave of absence, the amounts shall be established their subsidiary companies which receive funds from as if he were in activity. the Union, the States, the Federal District, or the Mu- Section II – Government Employees (CA No. 18, 1998) nicipalities for the payment of personnel expenditures or of general expenses. Article 39. The Union, the States, the Federal District Paragraph 10. Receiving retirement pensions arising and the Municipalities shall institute a board of admi- from article 40 or from articles 42 and 142, while at the nistration policy and personnel remuneration policy, same time receiving the remuneration of a public office, composed of public employees appointed by the res- position or function is forbidden, with the exception pective Branches. (CA No. 19, 1998) of offices that may be accumulated under the terms Paragraph 1. The stipulation of pay levels and of other of this Constitution, elective offices, and commission components of the remuneration system shall comply offices declared by law as being of free appointment with: and discharge. I – the nature, the level of responsibility, and the com- Paragraph 11. The compensatory amounts set forth plexity of the posts of each career; in law shall not be computed for the purposes of the II – the requirements for investiture; remuneration limits referred to in item XI of the head III – the specific characteristics of each post. paragraph of this article. Paragraph 2. The Union, the States, and the Federal Paragraph 12. For the purposes provided by item XI District shall establish government schools for the edu- of the head paragraph of this article, the States and cation and further development of public employees, the Federal District may stipulate, within their own and participation in such courses shall be one of the sphere, by means of an amendment to their respective requirements for promotion in the career, the signing of Constitutions and Organic Law, as a single limit, the agreements or contracts among federated units being monthly compensation of the Judges of the respective therefore allowed. State Court of Justice, limited to ninety and twenty-five Paragraph 3. The provisions of article 7, items IV, VII, hundredths percent of the monthly compensation of VIII, IX, XII, XIII, XV, XVI, XVII, XVIII, XIX, XX, XXII, and XXX the Justices of the Federal Supreme Court, and the shall apply to employees holding public offices, and provision of this paragraph shall not be applied to the the law may stipulate differentiated requirements for compensation of State and Federal District Deputies admission when the nature of the office so demands. and of City Councilmen. Paragraph 4. A member of one of the Branches, the holder of an elective office, the Ministers of State, Article 38. The following provisions are applicable to and the members of State and Local Cabinets shall be public employees holding elective offices in a govern- remunerated exclusively by means of a compensation mental entity, an associate government agency, and a consisting of one sole item, the addition of any extra foundation: (CA No. 19, 1998) benefit, additional pay, bonus, award, representation I – in the case of a federal, state or district elective allowance, or other type of remuneration being for- office, he shall leave his office, position or function; bidden, with due regard, in any of the cases, for the II – if vested with the office of Mayor, he shall take leave provisions of article 37, items X and XI. from his post, position or function and he may opt for Paragraph 5. The legislation of the Union, the States, the the corresponding remuneration; Federal District, and the Municipalities may establish III – if vested with the office of City Councilman, if there the proportion between the highest and the lowest is compatibility of working hours, he shall receive the remuneration of public employees, with due regard, in benefits of his post, position or function, without pre- any of the cases, for the provision of article 37, item XI. judice to the remuneration of his elective office and in Paragraph 6. The Executive, Legislative and Judicial the case there is no such compatibility, the provisions Branches shall publish the amounts of the compen- of the preceding item shall be applied; sation and of the remuneration of public offices and IV – in any case requiring leave of absence for the positions each year. exercise of an elective office, his time of service shall Paragraph 7. The legislation of the Union, the States, be counted in full, for all legal effects, except for pro- the Federal District, and the Municipalities shall re- motion by merit; gulate the utilization of the budgetary funds deriving

28 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition from savings in current expenditures in each agency, Paragraph 3. The calculation of the retirement pension, associate government agency and foundation, to be at the time retirement is granted, shall take into account used in the development of programs of quality and the remunerations used as basis for the contributions productivity, training and development, modernization, of the employee to the social security schemes men- re-equipping and rationalization of public services, tioned in this article and in article 201, under the terms including as additional pay or productivity award. of the law. Paragraph 8. The remuneration of public employees Paragraph 4. The adoption of differentiated require- organized in a career may be established under the ments and criteria for the granting of retirement to terms of paragraph 4. those covered by the scheme set forth in this article is forbidden, with the exception of the cases, as defined Article 40. Employees holding effective posts in the by supplementary laws, of employees: Union, the States, the Federal District, and the Munici- I – with disabilities; palities, therein included their associate government II – engaged in hazardous activities; agencies and foundations, are ensured of a social III – engaged in activities carried out under special security scheme on a contributory and solidary basis, conditions which are harmful to health or to physical with contributions from the respective public entity, wholeness. from the current employees, retired personnel, and Paragraph 5. The requirements concerning age and pensioners, with due regard for criteria that preserve period of contribution will be reduced by five years, as financial and actuarial balance and for the provisions regards the provision of paragraph 1, item III, subitem of this article. (CA No. 3, 1993; CA No. 20, 1998; CA No. a, for teachers who document exclusively a period of 41, 2003; CA No. 47, 2005; CA No. 88, 2015) effective exercise of teaching functions in children Paragraph 1. The employees covered by the social education and in elementary and secondary education. security scheme set forth in this article shall go into Paragraph 6. With the exception of the cases of retirement retirement, their pensions being calculated according from posts that can be accumulated under the terms of to the amounts stipulated under the terms of para- this Constitution, receiving more than one retirement graphs 3 and 17: pension charged to the social security scheme set forth I – for permanent disability, with a pension in proportion in this article is forbidden. to the period of contribution, except when such disa- Paragraph 7. The law shall provide for the granting of bility results from a work-related injury, a professional the benefit of a death pension, which will be equal to: disease, or a serious, contagious, or incurable illness, I – the total amount of the retirement pension of the under the terms of the law; deceased employee, up to the maximum limit established II – compulsorily, with a pension proportional to the for the benefits of the general social security scheme period of contribution, at the age of 70 (seventy), or referred to in article 201, increased by seventy percent at the age of 75 (seventy five), as provided in supple- of the amount in excess of this limit, if the employee mentary law; had already retired on the date of his death; or III – voluntarily, upon completing at least ten years of II – the total amount of the remuneration of the emplo- effective exercise in public administration and five years yee in the effective post he was holding on the date of in the effective post from which retirement is going to his death, up to the maximum limit established for the take place, with due regard for the following conditions: benefits of the general social security scheme referred a) sixty years of age and thirty-five of contribution, to in article 201, increased by seventy percent of the if a man, and fifty-five years of age and thirty of amount in excess of this limit, if the employee was in contribution, if a woman; active service on the date of his death. b) sixty-five years of age, if a man, and sixty, if a Paragraph 8. Readjustment of the benefits is ensured, woman, with pay in proportion to the period of to the end that their real value is permanently main- contribution. tained, in accordance with criteria established by law. Paragraph 2. At the time they are granted, retirement Paragraph 9. The period of contribution in a federal, pensions and other pensions may not exceed the re- state, or Municipal post shall be computed for the pur- muneration of the respective employee in the effective pose of retirement, and the corresponding period of post from which he retired or which was taken as a service shall be computed for the purpose of placement parameter for the granting of the pension. on paid availability.

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Paragraph 10. The law may not establish any method Paragraph 18. A contribution shall be levied on reti- of computation of fictitious periods of contribution. rement pensions and other pensions granted by the Paragraph 11. The limit set forth in article 37, item XI, scheme referred to in this article if such pensions exceed applies to the total amount of the retirement pension the maximum limit established for the benefits of the and other pensions, including those resulting from the general social security scheme mentioned in article accumulation of public posts or positions, as well as from 201, at a percentage equal to the one established for other activities which must contribute to the general employees holding effective posts. social security scheme, and to the amount resulting Paragraph 19. Employees referred to in this article from the addition of pensions and the remuneration who have fulfilled the requirements for voluntary re- of a post which may be accumulated under the terms tirement stipulated in paragraph 1, item III, subitem a, of this Constitution, a commission office declared by and who choose to remain working shall be entitled to law as being of free appointment and discharge, and a continuous activity bonus equivalent to the amount an elective office. of their social security contribution until such date as Paragraph 12. In addition to the provisions of this article, they fulfill the requirements for compulsory retirement the social security scheme of government employees set forth in paragraph 1, item II. who hold effective posts shall comply, whenever appro- Paragraph 20. The establishment of more than one priate, with the requirements and criteria stipulated for special social security scheme for employees holding the general social security scheme. effective posts, and of more than one unit to manage Paragraph 13. The general social security scheme applies the respective scheme in each State is forbidden, except to employees who hold exclusively commission offices for the provision of article 142, paragraph 3, item X. declared by law as being of free appointment and Paragraph 21. The contribution set forth in paragraph discharge, as well as other temporary posts or public 18 of this article shall be levied only on the portions of positions. retirement pensions and other pensions which exceed Paragraph 14. The Union, the States, the Federal Dis- an amount equal to twice the maximum limit established trict, and the Municipalities, provided that they esta- for the benefits of the general social security scheme blish a complementary social security scheme for their mentioned in article 201 of this Constitution, if the respective employees who hold effective posts, may beneficiaries, under the terms of the law, suffer from stipulate, for the amount of retirement pensions and incapacitating diseases. other pensions to be granted by the scheme referred Article 41. Servants who, by virtue of public entrance to in this article, the maximum limit set forth for the examinations, are appointed to effective posts, acquire benefits of the general social security scheme referred tenure after three years of actual service. (CA No. 19, 1998) to in article 201. Paragraph 1. A tenured public employee shall only lose Paragraph 15. The complementary social security scheme his office: referred to in paragraph 14 shall be instituted by an I – by virtue of a final and unappealable judicial decision; act of the respective Executive Power, with due regard II – by means of an administrative proceeding, in which for the provisions of article 202 and its paragraphs, he is assured of ample defense; insofar as pertinent, through closed private pension III – by means of a procedure of periodical appraisal of plan companies, of a public nature, which will offer to performance, under the terms of a supplementary law, their respective participants benefit plans exclusively ample defense being assured. in the defined contribution mode. Paragraph 2. If the dismissal of a tenured public emplo- Paragraph 16. The provisions of paragraphs 14 and 15 yee is voided by a judicial decision, he shall be reins- may be applied to an employee who has entered public tated, and the occupant of the vacancy, when tenured, administration on or before the date of publication of shall be led back to his original office, with no right to the act which instituted the corresponding complemen- indemnity, taken to another office or placed on paid tary social security scheme only if such employee has availability with a remuneration proportional to his previously expressed such option. length of employment. Paragraph 17. All remuneration amounts taken into Paragraph 3. If the office is declared extinct or unne- account in the calculation of the benefit set forth in cessary, a tenured public employee shall remain on paragraph 3 shall be duly updated, under the terms availability, with a remuneration proportional to his of the law.

30 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition length of employment, until he is adequately placed IV – priority in the economic and social use of rivers in another office. and dammed or dammable water masses in low-income Paragraph 4. As a requirement to acquire tenure, a spe- regions subject to periodical droughts. cial appraisal of performance by a committee created Paragraph 3. In the areas referred to in paragraph 2, item for this purpose is mandatory. IV, the Union shall grant incentives to the recovery of arid lands and shall cooperate with small and medium-size Section III – The Military of the States, of the Federal rural landowners in the implementing of water sources District and of the Territories (CA No. 18, 1998) and small-scale irrigation in their tracts of land. Article 42. The members of the Military Police and of the TITLE IV – THE ORGANIZATION OF THE POWERS Military Fire Brigades, institutions whose organization is based on hierarchy and discipline, are military of the CHAPTER I – THE LEGISLATIVE POWER States, of the Federal District and of the Territories. Section I – The National Congress (CA No. 3, 1993; CA No. 18, 1998; CA No. 20, 1998; CA No. 41, 2003) Article 44. The Legislative Power is exercised by the Paragraph 1. The provisions of article 14, paragraph National Congress, which is composed of the Chamber 8; article 40, paragraph 9; and of article 142, paragra- of Deputies and the Federal Senate. phs 2 and 3, apply to the military of the States, of the Sole paragraph. Each legislative term shall have the Federal District, and of the Territories, in addition to duration of four years. other provisions that the law may establish, it being Article 45. The Chamber of Deputies is composed of incumbent upon specific State legislation to provide representatives of the people, elected, by the pro- for the matters of article 142, paragraph 3, item X, the portional system, in each State, Territory and in the ranks of the officers being awarded by the respective Federal District. State Governors. Paragraph 1. The total number of Deputies, as well as Paragraph 2. The provisions that may be established by the representation of the States and of the Federal a specific act of the respective State shall apply to the District shall be established by a supplementary law, pensioners of the military of the States, of the Federal in proportion to the population, and the necessary District, and of the Territories. adjustments shall be made in the year preceding the Section IV – The Regions elections, so that none of those units of the Federation has less than eight or more than seventy Deputies. Article 43. For administrative purposes, the Union may Paragraph 2. Each Territory shall elect four Deputies. coordinate its action in one same social and geoeco- nomic complex, seeking to attain its development and Article 46. The Federal Senate is composed of repre- to reduce regional inequalities. sentatives of the States and of the Federal District, Paragraph 1. A supplementary law shall provide for: elected by a majority vote. I – the conditions for the integration of developing Paragraph 1. Each State and the Federal District shall regions; elect three Senators for a term of office of eight years. II – the composition of the regional agencies which shall Paragraph 2. One-third and two-thirds of the represen- carry out, as provided by law, the regional plans inclu- tation of each State and of the Federal District shall be ded in the national social and economic development renewed every four years, alternately. plans approved concurrently. Paragraph 3. Each Senator shall be elected with two Paragraph 2. The regional incentives shall include, substitutes. besides others, as prescribed by law: Article 47. Except where there is a constitutional provi- I – equality of tariffs, freight rates, insurance and other sion to the contrary, the decisions of each House and cost and price items which are within the responsibility of their committees shall be taken by a majority vote, of the Government; when the absolute majority of its members is present. II – favoured interest rates for the financing of priority activities; Section II – Powers of the National Congress III – exemptions, reductions or temporary deferment of Article 48. The National Congress shall have the power, federal taxes owed by individuals or by legal entities; with the sanction of the President of the Republic, which shall not be required for the matters specified in articles

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49, 51 and 52, to provide for all the matters within the III – to authorize the President and the Vice-President competence of the Union and especially on: (CA No. 19, of the Republic to leave the country, when such absence 1998; CA No. 32, 2001; CA No. 41, 2003; CA No. 69, 2012) exceeds fifteen days; I – system of taxation, collection of taxes and income IV – to approve a state of defense and federal inter- distribution; vention, authorize a state of siege or suspend any of II – pluriannual plan, budgetary directives, annual these measures; budget, credit transactions, public debt and issuance V – to stop the normative acts of the Executive Power of currency; which exceed their regimental authority or the limits III – establishment and modification of Armed Forces of legislative delegation; troops; VI – to transfer its seat temporarily; IV – national, regional and sectorial plans and program- VII – to establish identical compensation for Federal mes of development; Deputies and Senators, taking into account the provi- V – boundaries of the national territory, air and maritime sions of articles 37, item XI, 39, paragraph 4, 150, item space and property of the Union; II, 153, item III, and 153, paragraph 2, item I; VI – incorporation, subdivision or dismemberment of VIII – to establish the compensation of the President areas of Territories or States, after consulting with the and the Vice-President of the Republic and of the Mi- respective Legislative Assembly; nisters of State, taking into account the provisions of VII – temporary transference of the seat of the Federal articles 37, item XI, 39, paragraph 4, 150, item II, 153, Government; III, and 153, paragraph 2, item I; VIII – granting of amnesty; IX – to examine each year the accounts rendered by the IX – administrative and judicial organization, organiza- President of the Republic and to consider the reports tion of the Public Prosecution and of the Public Legal on the execution of Government plans; Defense of the Union and of the Territories, and judi- X – to supervise and control directly or through either cial organization as well as organization of the Public of its Houses, the acts of the Executive Power, including Prosecution of the Federal District; those of the indirect administration; X – creation, change, and abolishment of public offices, XI – to ensure the preservation of legislative compe- positions and functions, with due regard for article 84, tence in the face of the normative incumbency of the item VI, subitem b; other Powers; XI – creation and abolishment of Ministries and Gover- XII – to consider the acts of concession and renewal of nment bodies; concession of radio and television stations; XII – telecommunications and radio broadcasting; XIII – to choose two-thirds of the members of the Federal XIII – financial, foreign exchange and monetary matters, Audit Court; financial institutions and their operations; XIV – to approve initiatives of the Executive Power XIV – currency, currency issuance limits, and amount referring to nuclear activities; of federal indebtedness; XV – to authorize a referendum and to call a plebiscite; XV – stipulation of the compensation for the Justices XVI – to authorize, in Indian lands, the exploitation and of the Federal Supreme Court, with due regard for use of hydric resources and the prospecting and mining articles 39, paragraph 4; 150, item II; 153, item III; and of mineral resources; 153, paragraph 2, item I. XVII – to give prior approval to the disposal or concession of public lands with an area of over two thousand Article 49. It is exclusively the competence of the Na- and five hundred hectares. tional Congress: (CA No. 19, 1998) I – to decide conclusively on international treaties, Article 50. The Chamber of Deputies and the Federal agreements or acts which result in charges or commit- Senate, or any of their committees, may summon a ments that go against the national property; Minister of State or any chief officers of agencies di- II – to authorize the President of the Republic to decla- rectly subordinate to the Presidency of the Republic re war, to make peace and to permit foreign forces to to personally render information on a previously de- pass through the national territory or remain therein termined matter, and this absence without adequate temporarily, with the exception of the cases provided justification shall constitute a crime of malversation: by a supplementary law; (RCA No. 2, 1994)

32 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition

Paragraph 1. The Ministers of State may attend the III – to give prior consent, by secret voting, after public Federal Senate, the Chamber of Deputies or any of their hearing, on the selection of: committees, on their own initiative and by agreement a) judges, in the cases established in this Constitution; with the respective Directing Board, to report on a b) Justices of the Federal Audit Court appointed by matter of relevance to their Ministry. the President of the Republic; Paragraph 2. The Directing Boards of the Chamber of c) Governor of a Territory; Deputies and of the Federal Senate may forward to the d) president and directors of the Central Bank; Ministers of State, or any of the persons mentioned in e) Attorney-General of the Republic; the head paragraph of this article, written requests for f) holders of other offices, as the law may determine; information, and refusal or non-compliance, within a IV – to give prior approval, by secret voting, after clo- period of thirty days, as well as the rendering of false sed hearing, on the selection of heads of permanent information, shall constitute a crime of malversation. diplomatic missions; V – to authorize foreign transactions of a financial Section III – The Chamber of Deputies nature, of the interest of the Union, the States, the Article 51. It is exclusively the competence of the Cham- Federal District, the Territories and the Municipalities; ber of Deputies: (CA No. 19, 1998) VI – to establish, as proposed by the President of the I – to authorize, by two-thirds of its members, legal Republic, total limits for the entire amount of the con- proceeding to be initiated against the President and solidated debt of the Union, the States, the Federal the Vice-President of the Republic and the Ministers District and the Municipalities; of State; VII – to provide for the total limits and conditions for II – to effect the taking of accounts of the President foreign and domestic credit transactions of the Union, of the Republic, when they are not presented to the the States, the Federal District and the Municipalities, National Congress within sixty days of the opening of of their autonomous Government entities and other the legislative session; entities controlled by the Federal Government; III – to draw up its internal regulations; VIII – to provide for limits and conditions for the con- IV – to provide for its organization, functioning, police, cession of a guarantee by the Union in foreign and creation, change or abolishment of offices, positions domestic credit transactions; and functions of its services, and the introduction of IX – to establish total limits and conditions for the entire a law for the establishment of their respective remu- amount of the debt of the States, the Federal District neration, taking into account the guidelines set forth and the Municipalities; in the law of budgetary directives; X – to stop the application, in full or in part, of a law V – to elect the members of the Council of the Republic, declared unconstitutional by final decision of the Federal in the manner prescribed by article 89, item VII. Supreme Court; XI – to approve, by absolute majority and by secret Section IV – The Federal Senate voting, the removal from office of the Attorney-General Article 52. It is exclusively the competence of the Federal of the Republic before the end of his term of office; Senate: (CA No. 19, 1998; CA No. 23, 1999; CA No. 42, XII – to draw up its internal regulations; 2003; CA No. 45, 2004) XIII – to provide for its organization, functioning, police, I – to effect the legal proceeding and trial of the Pre- creation, change or abolishment of offices, positions sident and Vice-President of the Republic for crime and functions of its services, and the introduction of of malversation, and the Ministers of State and the a law for the establishment of their respective remu- Commanders of the Navy, the Army, and the Air Force neration, taking into account the guidelines set forth for crimes of the same nature relating to those; in the law of budgetary directives; II – to effect the legal proceeding and trial of the Justi- XIV – to elect the members of the Council of the Repu- ces of the Federal Supreme Court, the members of the blic, as established in article 89, item VII; National Council of Justice and of the National Council XV – to carry out a regular assessment of the functiona- of the Public Prosecution, the Attorney-General of the lity of the National Tax System, as regards its structure Republic, and the Advocate-General of the Union for and components, as well as the performance of the tax crimes of malversation; administrations of the Union, of the States, the Federal District, and the Municipalities.

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Sole paragraph. In the cases provided for in items I and Article 54. Deputies and Senators may not: II, the Chief Justice of the Federal Supreme Court shall I – after the issuance of their certificate of electoral act as President and the sentence, which may only be victory: issued by two-thirds of the votes of the Federal Senate, a) sign or maintain a contract with a public legal shall be limited to the loss of office with disqualification entity, autonomous Government agency, public to hold any public office for a period of eight years, company, mixed-capital company or public utility without prejudice to other applicable judicial sanctions. company, unless the contract is in accordance with uniform clauses; Section V – Deputies and Senators b) accept or hold a paid office, function or position Article 53. Deputies and Senators enjoy civil and criminal including those from which they may be dismis- inviolability on account of any of their opinions, words sed ad nutum in the entities mentioned in the and votes. (CA No. 35, 2001) preceding subitem; Paragraph 1. Deputies and Senators, from the date of II – after taking office: issuance of the certificate of election victory, shall be a) be the owners, controllers or directors of a company tried by the Federal Supreme Court. which enjoys benefits arising from a contract with Paragraph 2. From the date of issuance of the certifi- a public legal entity or perform a remunerated cate of election victory, the members of the National position therein; Congress may not be arrested, except in flagrante de- b) hold an office or function from which they may licto of a non-bailable offense. In such case, the case be dismissed ad nutum, in the entities mentioned records shall be sent within twenty-four hours to the in item I, subitem a; respective House, which, by the vote of the majority of c) act as lawyer in a cause in which any of the entities its members, shall decide on the arrest. referred to in item I, subitem a, has an interest; Paragraph 3. Upon receiving an accusation against a d) be the holders of more than one public elective Senator or Deputy, for an offense committed after the position or office. issuance of the certificate of election victory, the Federal Article 55. A Deputy or Senator shall lose his office: Supreme Court shall inform the respective House, which, (RCA No. 6, 1994; CA No. 76, 2013) by the initiative of a political party therein represented I – if he violates any of the prohibitions established in and by the vote of the majority of those House members, the preceding article; may, until such time as a final decision is issued, stay II – if his conduct is declared incompatible with parlia- consideration of the action. mentary decorum; Paragraph 4. The request for stay shall be examined by III – if he fails to appear, in each legislative session, at the respective House within the unextendable period of one-third of the regular sessions of the House to which forty-five days as from its receipt by the Directing Board. he belongs, except for a leave of absence or a mission Paragraph 5. The stay of proceedings shall suspend the authorized by the House concerned; limitation for the duration of the term of office. IV – if his political rights have been lost or suspended; Paragraph 6. Deputies and Senators shall not be com- V – whenever decreed by the Electoral Courts, in the pelled to render testimony on information received or cases established in this Constitution; given by virtue of the exercise of their mandate, nor on VI – if he is criminally convicted by a final and unappeala- persons who rendered them information or received ble sentence. information from them. Paragraph 1. Abuse of the prerogatives ensured to a Paragraph 7. Incorporation into the Armed Forces of Congressman or the gaining of undue advantages, in Deputies and Senators, even if they hold military rank addition to the cases defined in the internal regulations, and even in time of war shall depend upon the prior is incompatible with parliamentary decorum. granting of permission by the respective House. Paragraph 2. In the cases of items I, II and VI, loss of Paragraph 8. The immunities of Deputies and Senators office shall be declared by the Chamber of Deputies shall be maintained during a state of siege and may only or the Federal Senate, by absolute majority, on the be suspended by the vote of two-thirds of the members initiative of the respective Directing Board or of a po- of the respective House, in the case of acts commit- litical party represented in the National Congress, full ted outside the premises of Congress, which are not defense being ensured. compatible with the implementation of such measure.

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Paragraph 3. In the cases set forth in items III to V, the IV – acknowledge a veto and resolve thereon. loss shall be declared by the Directing Board of the Paragraph 4. Both Houses shall meet in a preparatory respective House, ex officio or upon the initiative of session, beginning February 1 of the first year of the any of its members, or of a political party represented legislative term, for the installation of its members in the National Congress, full defense being ensured. and the election of the respective Directing Boards, Paragraph 4. The resignation of a Congressman sub- for a term of office of two years, the re-election to the mitted to a legal suit that aims at or may lead to loss same office in the immediately subsequent election of mandate, under the provisions of this article, will being prohibited. have its effects suspended until the final deliberations Paragraph 5. The Directing Board of the National Congress mentioned in paragraphs 2 and 3. shall be presided by the President of the Federal Senate and the remaining offices shall be held, alternately, Article 56. A Deputy or Senator shall not lose his office: by the holders of equivalent offices in the Chamber of I – if vested with the office of Minister of State, Gover- Deputies and in the Federal Senate. nor of a Territory, Secretary of a State, of the Federal Paragraph 6. Special sessions of the National Congress District, of a Territory, of a State capital or head of a shall be called: temporary diplomatic mission; I – by the President of the Federal Senate, in the event II – if on leave of absence from the respective House, of a decree of a state of defense or of federal inter- by virtue of illness or, without remuneration, to attend vention, of a demand for the authorization to decree a to private matters, provided that, in this case, the ab- state of siege and the taking of oath and inauguration sence does not exceed one hundred and twenty days of the President and the Vice-President of the Republic; per legislative session. II – by the President of the Republic, by the Presidents Paragraph 1. The substitute shall be called in cases of of the Chamber of Deputies and of the Federal Senate, vacancy, of investiture in the functions set forth in this or by request of the majority of the members of both article or of leave of absence exceeding one hundred Houses, in the event of urgency or important public and twenty days. interest, approval by the absolute majority of each Paragraph 2. Upon the occurrence of a vacancy and House of the National Congress being required in all there being no substitute, if more than fifteen months cases referred to in this item. remain before the end of the term of office, an election Paragraph 7. In a special legislative session, the Natio- shall be held to fill it. nal Congress shall deliberate only upon the matter for Paragraph 3. In the event of item I, the Deputy or Senator which it was called, exception being made for the event may opt for the remuneration of the elective office. mentioned in paragraph 8 of this article, the payment Section VI – The Sessions of a compensatory amount by virtue of the special session being forbidden. Article 57. The National Congress shall meet each year Paragraph 8. If there are provisional measures in effect in the Federal Capital, from February 2 to July 17 and on the date a special session of the National Congress from August 1 to December 22. (CA No. 19, 1998; CA No. is called, they shall be automatically included in the 32, 2001; CA No. 50, 2006) agenda of the session. Paragraph 1. If sessions scheduled for these dates fall on a Saturday, a Sunday or a holiday, they shall be Section VII – The Committees transferred to the subsequent workday. Article 58. The National Congress and both its Houses Paragraph 2. The legislative session shall not be in- shall have permanent and temporary committees, es- terrupted before the approval of the bill of budgetary tablished in the manner and with the incumbencies set directives. forth in the respective regulations or in the act from Paragraph 3. In addition to other cases provided for which their creation resulted. in this Constitution, the Chamber of Deputies and the Paragraph 1. In the composition of the Directing Boards Federal Senate shall meet in a joint session to: and of each committee, the proportional representa- I – inaugurate the legislative session; tion of the parties or the parliamentary groups which II – draw up the common regulations and regulate the participate in the respective House shall be ensured creation of services common to both Houses; to the extent possible. III – take the oath of the President and of the Vice-Pre- sident of the Republic;

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Paragraph 2. The committees have the power, on account Subsection II – Amendments to the Constitution of the matter under their authority: Article 60. The Constitution may be amended on the I – to debate and vote on bills of law which, in accor- proposal of: dance with the regulations, are exempt from being I – at least one-third of the members of the Chamber submitted to the Plenary Assembly, except in the event of Deputies or of the Federal Senate; of an appeal from one-tenth of the members of the II – the President of the Republic; respective House; III – more than one half of the Legislative Assemblies II – to hold public audiences with entities of civil society; of the units of the Federation, each of them expressing III – to summon Ministers of State to render information itself by the relative majority of its members. on matters inherent to their duties; Paragraph 1. The Constitution shall not be amended IV – to receive petitions, claims, statements or com- while federal intervention, a state of defense or a state plaints from any person against acts or omissions of of siege is in force. Government authorities or entities; Paragraph 2. The proposal shall be discussed and V – to request the testimony of any authority or citizen; voted upon in each House of the National Congress, in VI – to examine construction work programs and na- two readings, and it shall be considered approved if it tional, regional and sectorial development plans and obtains in both readings, three-fifths of the votes of to report thereupon. the respective members. Paragraph 3. Parliamentary inquiry committees, which Paragraph 3. An amendment to the Constitution shall shall have the powers of investigation inherent to the be promulgated by the Directing Boards of the Chamber judicial authorities, in addition to other powers set of Deputies and the Federal Senate with its respective forth in the regulations of the respective Houses, shall sequence number. be created by the Chamber of Deputies and by the Paragraph 4. No proposal of amendment shall be con- Federal Senate, jointly or separately, upon the request sidered which is aimed at abolishing: of one-third of its members, to investigate a given fact I – the federative form of State; and for a certain period of time, and their conclusions II – the direct, secret, universal and periodic vote; shall, if the case may be, be forwarded to the Public III – the separation of the Government Powers; Prosecution to determine the civil or criminal liability IV – individual rights and guarantees. of the offenders. Paragraph 5. The matter dealt with in a proposal of Paragraph 4. During recess there shall be a committee amendment that is rejected or considered impaired to represent the National Congress, elected by both shall not be the subject of another proposal in the its Houses in the last regular session of the legislative same legislative session. session, with incumbencies defined in the common regulations, the composition of which shall repeat, to Subsection III – The Laws the extent possible, the proportional representation Article 61. The initiative of supplementary and ordi- of the political parties. nary laws is within the competence of any member or Section VIII – The Legislative Process committee of the Chamber of Deputies and the Federal Senate or the National Congress, the President of the Subsection I – General Provision Republic, the Federal Supreme Court, the Superior Article 59. The legislative process comprises the pre- Courts, the Attorney-General of the Republic and the paration of: citizens, in the manner and in the cases provided for I – amendments to the Constitution; in this Constitution. (CA No. 18, 1998; CA No. 32, 2001) II – supplementary laws; Paragraph 1. It is the exclusive initiative of the President III – ordinary laws; of the Republic to introduce laws that: IV – delegated laws; I – determine or modify the number of Armed Forces V – provisional measures; troops; VI – legislative decrees; II – provide for: VII – resolutions. a) creation of public offices, functions or positions Sole paragraph. A supplementary law shall provide for in the direct administration and in autonomous the preparation, drafting, amendment and consolida- Government agencies or increases in their salaries; tion of laws.

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b) administrative and judicial organization, tax and in articles 153, items I, II, IV, V, and 154, item II, shall budgetary matters, public services and adminis- only produce effects in the subsequent financial year trative personnel of the Territories; if it has been converted into law before or on the last c) government employees of the Union and Territo- day of the financial year in which it was issued. ries, their legal statute, appointment to offices, Paragraph 3. With the exception of the provisions men- tenure and retirement; tioned in paragraphs 11 and 12, provisional measures d) organization of the Public Prosecution and of shall lose effectiveness from the day of their issuance the Public Legal Defense of the Union, as well as if they are not converted into law within a period of general rules for the organization of the Public sixty days, which may be extended once for an identical Prosecution and the Public Legal Defense of the period of time under the terms of paragraph 7, and the States, the Federal District and the Territories; National Congress shall issue a legislative decree to e) creation and abolishment of Ministries and Gover- regulate the legal relations arising therefrom. nment bodies, with due regard for the provision Paragraph 4. The period mentioned in paragraph 3 of article 84, item VI; shall be counted from the date of publication of the f) military of the Armed Forces, their legal statute, provisional measure and shall be interrupted while the appointment to offices, promotions, tenure, National Congress is in recess. remuneration, retirement, and transfer to the Paragraph 5. Deliberation by each House of the National reserve. Congress upon the merits of provisional measures shall Paragraph 2. The initiative of the people may be exer- depend on prior determination of their compliance with cised by means of the presentation to the Chamber of the constitutional requirements. Deputies of a bill of law subscribed by at least one per- Paragraph 6. If a provisional measure is not examined cent of the national electorate, distributed throughout within forty-five days as of its date of publication, it at least five States, with not less than three-tenths of shall subsequently be forwarded to urgent considera- one percent of the voters in each of them. tion in each House of the National Congress, and the deliberation of all other legislative matters shall be Article 62. In important and urgent cases, the President suspended in the House where it is under consideration, of the Republic may adopt provisional measures with until such time as voting is concluded. the force of law and shall submit them to the National Paragraph 7. If the voting of a provisional measure is Congress immediately. (CA No. 32, 2001) not concluded in both Houses of the National Congress Paragraph 1. The issuance of provisional measures is within the period of sixty days as of its date of publica- forbidden when the matter involved: tion, its period of effectiveness may be extended once I – deals with: for an identical period of time. a) nationality, citizenship, political rights, political Paragraph 8. The voting of provisional measures shall parties, and election law; start in the House of Deputies. b) criminal law, criminal procedural law, and civil Paragraph 9. It is incumbent upon the joint committee of procedural law; Deputies and Senators to examine provisional measures c) organization of the Judicial Branch and of the and issue an opinion thereon, before they are submitted Public Prosecution, the career and guarantees to floor action in each House of the National Congress of their members; in a separate session. d) pluriannual plans, budgetary directives, budgets, Paragraph 10. It is forbidden to reissue a provisional and additional and supplementary credits, with measure in the same legislative session in which it was the exception of the provision mentioned in rejected or lost its effectiveness due to lapse of time. article 167, paragraph 3; Paragraph 11. If the legislative decree mentioned in II – aims at the detention or seizure of goods, people’s paragraph 3 is not issued within sixty days as of the savings, or any other financial asset; date the provisional measure was rejected or lost its III – is reserved for a supplementary law; effectiveness, the legal relations constituted and arising IV – has already been regulated by a bill of law passed from acts performed during its period of effectiveness by the National Congress which is awaiting sanction or shall still be regulated by such provisional measure. veto by the President of the Republic. Paragraph 12. Should a bill of law be passed that alters Paragraph 2. A provisional measure to institute or in- the original text of a provisional measure, the latter crease taxes, with the exception of the taxes mentioned

37 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition will remain effective in full until such date as the bill Paragraph 2. A partial veto shall only comprise the full is sanctioned or vetoed. text of an article, paragraph, item or subitem. Paragraph 3. After a period of fifteen days, the silence Article 63. An increase in expenditure proposals shall of the President of the Republic shall be considered not be admitted: as sanctioning. I – in bills of the exclusive initiative of the President of Paragraph 4. The veto shall be examined in a joint ses- the Republic, except for the provisions of article 166, sion, within thirty days, counted from the date of receipt, paragraphs 3 and 4; and may only be rejected by the absolute majority of II – in bills concerning the organization of the adminis- the Deputies and Senators. trative services of the Chamber of Deputies, the Federal Paragraph 5. If the veto is not upheld, the bill shall be Senate, the Federal Courts and the Public Prosecution. sent to the President of the Republic for promulgation. Article 64. The discussion and voting of the bills of law Paragraph 6. If the period of time established in para- which are the initiative of the President of the Republic, graph 4 elapses without a decision being reached, the the Federal Supreme Court and of the Superior Courts veto shall be included in the order of the day of the shall start in the Chamber of Deputies. (CA No. 32, 2001) subsequent session, and all other propositions shall Paragraph 1. The President of the Republic may request be suspended until its final voting. urgency in the examination of bills of his own initiative. Paragraph 7. If, in the cases of paragraphs 3 and 5, the Paragraph 2. If, in the event of paragraph 1, the Cham- law is not promulgated within forty-eight hours by the ber of Deputies and the Federal Senate fail to act, each President of the Republic, the President of the Senate one, successively, on the proposition, within the period shall enact it and if the latter fails to do so within the of forty-five days, deliberation on all other legislative same period, the Vice-President of the Senate shall do so. matters shall be suspended in the respective House, Article 67. The matter dealt with in a rejected bill of save those which must be considered within a stipula- law may only be the subject of a new bill during the ted constitutional period, in order that the voting may same legislative session, upon proposal of the abso- be concluded. lute majority of the members of either House of the Paragraph 3. Amendments of the Federal Senate shall National Congress. be examined by the Chamber of Deputies within a period of ten days, in accordance, otherwise, with the Article 68. Delegated laws shall be drawn up by the provisions of the preceding paragraph. President of the Republic, who shall request delegation Paragraph 4. The periods of time referred to in paragraph 2 from the National Congress. shall not be counted while the Congress is in recess and Paragraph 1. There shall be no delegation of acts falling shall not apply to the bills of codes. within the exclusive competence of the National Con- gress, of those within the exclusive competence of the Article 65. A bill of law approved by one House shall be Chamber of Deputies or the Federal Senate, of matters reviewed by the other in a single reading of discussing reserved for supplementary laws and of legislation on: and voting and sent for sanctioning or promulgation, I – the organization of the Judicial Power and of the if approved by the reviewing House, or it shall be dis- Public Prosecution, the career and guarantees of their missed, if rejected. members; Sole paragraph. If the bill is amended, it shall return to II – nationality, citizenship, individual, political and the House where it was proposed. electoral rights; Article 66. The House in which voting is concluded shall III – pluriannual plans, budgetary directives and budgets. send the bill of law to the President of the Republic, Paragraph 2. The delegation to the President of the who, if he concurs, shall sanction it. (CA No. 32, 2001; Republic shall take the form of a resolution of the Na- CA No. 76, 2013) tional Congress, which shall specify its contents and Paragraph 1. If the President of the Republic considers the terms of its exercise. the bill of law, wholly or in part, unconstitutional or Paragraph 3. If the resolution calls for consideration contrary to public interest, he shall veto it, wholly or in of the bill by the National Congress, the latter shall do part, within fifteen work days, counted from the date so in a single voting, any amendment being forbidden. of receipt and he shall, within forty-eight hours, inform Article 69. Supplementary laws shall be approved by the President of the Senate of the reasons of his veto. absolute majority.

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Section IX – Accounting, Financial and Budgetary Control VI – control the use of any funds transferred by the Union, by means of an agreement, arrangement, adjustment Article 70. Control of accounts, finances, budget, ope- or any other similar instrument, to a State, the Federal rations and property of the Union and of the agencies District or a Municipality; of the direct and indirect administration, as to lawful- VII – render the information requested by the National ness, legitimacy, economic efficiency, application of Congress, by either of its Houses or by any of the res- subsidies and waiver of revenues, shall be exercised pective committees concerning accounting, financial, by the National Congress, by means of external control budgetary, operational and property control and the and of the internal control system of each Power. (CA results of audits and inspections made; No. 19, 1998) VIII – in case of illegal expenses or irregular accounts, Sole paragraph. Accounts shall be rendered by any apply to the responsible parties the sanctions provided individual or corporation, public or private, which uses, by law, which shall establish, among other commina- collects, keeps, manages, or administers public mo- tions, a fine proportional to the damages caused to nies, assets or values, or those for which the Union is the public treasury; responsible or which, on behalf of the Union, assumes IX – determine a period of time for the agency or entity obligations of a pecuniary nature. to take the necessary steps for the strict compliance Article 71. External control, incumbent on the National with the law, if an illegality is established; Congress, shall be exercised with the aid of the Federal X – if not heeded, stop the execution of the impugned Audit Court, which shall: act, notifying the Chamber of Deputies and the Federal I – examine the accounts rendered annually by the Presi- Senate of such decision; dent of the Republic, by means of a prior opinion which XI – present a formal charge to the competent Power shall be prepared in sixty days counted from receipt; on any irregularities or abuses verified. II – evaluate the accounts of the administrators and Paragraph 1. In the case of a contract, the restraining other persons responsible for public monies, assets and act shall be adopted directly by the National Congress, values of the direct and indirect administration, including which shall immediately request the Executive Power foundations and companies instituted and maintained to take the applicable measures. by the Federal Government as well as the accounts of Paragraph 2. If the National Congress or the Executive those who have caused a loss, misplacement or other Power, within ninety days, do not take the measures irregularity resulting in losses to the public treasury; provided for in the preceding paragraph, the Court shall III – examine, for the purpose of registration, the lawful- decide on the matter. ness of acts of admission of personnel, on any account, Paragraph 3. Decisions of the Court resulting in the in the direct and indirect administration, including the imposition of a debt or fine shall have the effectiveness foundations instituted and maintained by the Federal of an execution instrument. Government, with the exception of the appointments to Paragraph 4. The Court shall, quarterly and annually, commission offices, as well as the granting of civil and forward to the National Congress a report on its activities. military retirement and pensions, except for subsequent Article 72. In view of indications of unauthorized ex- improvements which do not alter the legal fundaments penditure, even if in the form of non-programmed in- of the conceding act; vestments or non-approved subsidies, the permanent IV – carry out, on its own initiative or on that of the joint Committee referred to in article 166, paragraph Chamber of Deputies, of the Federal Senate, or of a 1, may request the responsible Government authority technical or inquiry committee, inspection and audits to render the necessary explanation, within five days. of an accounting, financial, budgetary, operational Paragraph 1. If the explanations are not rendered or are or property nature in the administrative units of the considered insufficient, the Committee shall request Legislative, Executive and Judicial Powers and other the Court to make a conclusive statement on the matter entities referred to in item II; within thirty days. V – control the national accounts of supranational Paragraph 2. If the Court deems the expense to be companies in whose capital stock the Union holds a irregular, the Committee shall, if it considers that the direct or indirect interest, as set forth in the acts of expenditure may cause irreparable damage or serious incorporation; injury to the public economy, propose to the National Congress that it be suspended.

39 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition

Article 73. The Federal Audit Court, formed by nine IV – supporting external control in the exercise of its Justices, shall have its seat in the Federal District, its institutional mission. own staff and jurisdiction throughout the national Paragraph 1. The persons responsible for internal territory, and shall exercise, insofar as pertinent, the control shall, upon learning of any irregularity or ille- incumbencies provided for in article 96. (CA No. 20, 1998) gality, inform the Federal Audit Court about it, subject Paragraph 1. The Justices of the Federal Audit Court to joint liability. shall be appointed from among Brazilians who meet Paragraph 2. Any citizen, political party, association or the following requirements: labour union has standing under the law to denounce I – more than thirty-five and less than sixty-five years irregularities or illegalities to the Federal Audit Court. of age; Article 75. The rules set forth in this section shall apply, II – moral integrity and spotless reputation; where appropriate, to the organization, composition III – notable knowledge of the law, accounting, economics and control of the Audit Courts of the States and of and finances or of public administration; the Federal District, as well as the Audit Courts and IV – more than ten years of exercise of office or of ac- Councils of the Municipalities. tual professional activity which requires the knowledge Sole paragraph. The State Constitutions shall provide mentioned in the preceding item. for the respective Audit Courts, which shall be formed Paragraph 2. The Justices of the Federal Audit Court by seven council members. shall be chosen: I – one-third by the President of the Republic with the CHAPTER II – THE EXECUTIVE POWER approval of the Federal Senate, two of them being al- Section I – The President and the Vice- ternately chosen from among auditors and members President of the Republic of the Public Prosecution at the Court, as indicated in a triple list by the Court, in accordance with criteria of Article 76. The Executive Power is exercised by the Presi- seniority and merit; dent of the Republic, assisted by the Ministers of State. II – two-thirds by the National Congress. Article 77. The election of the President and Vice-Pre- Paragraph 3. The Justices of the Federal Audit Court shall sident of the Republic shall take place simultaneously, have the same guarantees, prerogatives, impediments, on the first Sunday of October, in the first round, and remuneration, and advantages as the Justices of the on the last Sunday of October, in the second round, Superior Court of Justice, their retirement pensions as the case may be, of the year preceding the one in and other pensions being ruled by the provisions of which the current presidential term of office ends. (CA article 40. No. 16, 1997) Paragraph 4. The auditor, when substituting for a Justice, Paragraph 1. The election of the President of the Re- shall have the same guarantees and impediments as the public shall imply the election of the Vice-President incumbent Justice, and, when in exercise of the other registered with him. duties of the judicature, those of a Judge of a Federal Paragraph 2. The candidate who, being registered by a Regional Court. political party, obtains an absolute majority of votes, Article 74. The Legislative, Executive and Judicial Powers not counting blank or void votes, shall be considered shall maintain an integrated system of internal control elected President. for the purpose of: Paragraph 3. If no candidate attains an absolute majority I – evaluating the attainment of the goals established in the first voting, another election shall be held within in the pluriannual plan, the implementation of gover- twenty days from the announcement of the results, the nment programmes and of the budgets of the Union; competition being between the two candidates with the II – verifying the lawfulness and evaluating the results, highest number of votes, and being considered elected as to effectiveness and efficiency, of the budgetary, the candidate with the majority of valid votes. financial and property management in the agencies Paragraph 4. Should one of the candidates, before the and entities of the federal administration, as well as second round of voting is held, die, withdraw or become the use of public funds by private legal entities; legally impaired, the candidate with the highest number III – exercising control over credit transactions, collateral of votes among the remaining candidates shall be called. signatures and guarantees, as well as over the rights and assets of the Union;

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Paragraph 5. If in the event of the preceding paragraphs, Section II – Duties of the President of the Republic more than one candidate with an equal number of votes Article 84. The President of the Republic shall have the remain in second place, the eldest one shall qualify. exclusive power to: (CA No. 23, 1999; CA No. 32, 2001) Article 78. The President and the Vice-President of the I – appoint and dismiss the Ministers of State; Republic shall take office in a session of the National II – exercise, with the assistance of the Ministers of State, Congress, pledging to maintain, defend and carry out the higher management of the federal administration; the Constitution, obey the laws, promote the general III – start the legislative procedure, in the manner and well-being of the Brazilian people, sustain the union, in the cases set forth in this Constitution; the integrity and the independence of Brazil. IV – sanction, promulgate and order the publication of Sole paragraph. In the event that, after ten days from laws, as well as to issue decrees and regulations for the date scheduled for the inauguration, the President the true enforcement thereof; or the Vice-President, except by reason of force majeure, V – veto bills, wholly or in part; has not taken office, the office shall be declared vacant. VI – provide for the following, by means of a decree: a) organization and operation of federal government Article 79. The Vice-President shall replace the President services, whenever no augmentation of expendi- in the event of impediment and shall succeed him in tures or creation or abolishment of government the event of vacancy. bodies is involved; Sole paragraph. In addition to other duties attributed b) abolishment of public positions or posts, if vacant; to him by a supplementary law, the Vice-President shall VII – maintain relations with foreign States and to ac- assist the President whenever summoned by him for credit their diplomatic representatives; special missions. VIII – conclude international treaties, conventions and Article 80. In the event of impediment of the President acts, ad referendum of the National Congress; and of the Vice-President, or of vacancy of the respec- IX – decree the State of defense and the State of siege; tive offices, the President of the Chamber of Deputies, X – decree and enforce federal intervention; the President of the Senate and the Chief Justice of the XI – upon the opening of the legislative session, send a Federal Supreme Court shall be called successively to government message and plan to the National Congress, exercise the Presidency. describing the State of the nation and requesting the actions he deems necessary; Article 81. In the event of vacancy of the offices of XII – grant pardons and reduce sentences, after hearing President and Vice-President of the Republic, elections the entities instituted by law, if necessary; shall be held ninety days after the occurrence of the XIII – exercise the supreme command of the Armed For- last vacancy. ces, to appoint the Commanders of the Navy, the Army, Paragraph 1. If the vacancy occurs during the last two and the Air Force, to promote general officers and to years of the President’s term of office, the National appoint them to the offices held exclusively by them; Congress shall hold elections for both offices thirty XIV – appoint, after approval by the Senate, the Jus- days after the last vacancy, as established by law. tices of the Federal Supreme Court and those of the Paragraph 2. In any of the cases, those elected shall superior courts, the Governors of the Territories, the complete the term of office of their predecessors. Attorney-General of the Republic, the President and the Article 82. The term of office of the President of the Directors of the Central Bank and other civil servants, Republic is four years, and it shall commence on January when established by law; 1 of the year following the year of his election. (RCA No. XV – appoint, with due regard for the provisions of article 5, 1994; CA No. 16, 1997) 73, the Justices of the Federal Audit Court; XVI – appoint judges in the events established by this Article 83. The President and the Vice-President of the Constitution and the Advocate-General of the Union; Republic may not, without authorization from the Na- XVII – appoint members of the Council of the Republic, tional Congress, leave the country for a period of more in accordance with article 89, item VII; than fifteen days, subject to loss of office. XVIII – call and preside over the Council of the Republic and the National Defense Council; XIX – declare war, in the event of foreign aggression, authorized by the National Congress or confirmed by

41 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition it, whenever it occurs between legislative sessions and, I – in common criminal offenses, if the accusation or the under the same conditions, to decree full or partial complaint is received by the Federal Supreme Court; national mobilization; II – in the event of crimes of malversation, after the XX – make peace, authorized or confirmed by the Na- proceeding is instituted by the Federal Senate. tional Congress; Paragraph 2. If, after a period of one hundred and eighty XXI – award decorations and honorary distinctions; days, the trial has not been concluded, the suspension XXII – permit, in the cases set forth by supplementary of the President shall cease without prejudice to the law, foreign forces to pass through the national territory, normal progress of the proceeding. or to remain temporarily therein; Paragraph 3. In the event of common offenses, the XXIII – submit to the National Congress the pluriannual President of the Republic shall not be subject to arrest plan, the bill of budgetary directives and the budget as long as no sentence is rendered. proposals set forth in this Constitution; Paragraph 4. During his term of office, the President of XXIV – render, each year, accounts to the National Con- the Republic may not be held liable to acts outside the gress concerning the previous fiscal year, within sixty performance of his functions. days of the opening of the legislative session; Section IV – The Ministers of State XXV – fill and abolish federal government positions, as set forth by law; Article 87. The Ministers of State shall be chosen from XXVI – issue provisional measures, with force of law, among Brazilians over twenty-one years of age and in according to article 62; possession of their political rights. XXVII – perform other duties set forth in this Constitution. Sole paragraph. The Minister of State, in addition to Sole paragraph. The President of the Republic may other duties established in this Constitution and in the delegate the duties mentioned in items VI, XII and XXV, law, has the power to: first part, to the Ministers of State, to the Attorney-Ge- I – exercise guidance, coordination and supervision of neral of the Republic or to the Advocate-General of the the agencies and entities of the federal administration Union, who shall observe the limitations established in the area of his authority and to countersign acts and in the respective delegations. decrees signed by the President of the Republic; II – issue instructions for the enforcement of laws, Section III – Liability of the President of the Republic decrees and regulations; Article 85. Those acts of the President of the Republic III – submit to the President of the Republic an annual which attempt on the Federal Constitution and especially report on his administration of the Ministry; on the following, are crimes of malversation: IV – perform the acts pertinent to the duties assigned I – the existence of the Union; or delegated to him by the President of the Republic. II – the free exercise of the Legislative Power, the Judicial Article 88. The law shall provide for the creation and Power, the Public Prosecution and the constitutional abolishment of Ministries and government bodies. (CA Powers of the units of the Federation; No. 32, 2001) III – the exercise of political, individual and social rights; IV – the internal security of the country; Section V – The Council of the Republic V – probity in the administration; and the National Defense Council VI – the budgetary law; Subsection I – The Council of the Republic VII – compliance with the laws and with court decisions. Sole paragraph. These crimes shall be defined in a Article 89. The Council of the Republic is a higher body special law, which shall establish the rules of procedure for consultation by the President of the Republic, and and trial. its members are: I – the Vice-President of the Republic; Article 86. If charges against the President of the Re- II – the President of the Chamber of Deputies; public are accepted by two-thirds of the Chamber of III – the President of the Federal Senate; Deputies, he shall be submitted to trial before the IV – the majority and the minority leaders in the Cham- Federal Supreme Court for common criminal offenses ber of Deputies; or before the Federal Senate for crimes of malversation. V – the majority and the minority leaders in the Federal Paragraph 1. The President shall be suspended from Senate; his functions:

42 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition

VI – the Minister of Justice; Paragraph 2. The organization and the operation of VII – six born Brazilian citizens, with over thirty-five the National Defense Council shall be regulated by law. years of age, two of which appointed by the President CHAPTER III – THE JUDICIAL POWER of the Republic, two elected by the Federal Senate and two elected by the Chamber of Deputies, all with Section I – General Provisions a term of office of three years, the re-appointment Article 92. The following are the bodies of the Judicial being prohibited. Power: (CA No. 45, 2004; CA No. 92, 2016) Article 90. The Council of the Republic has the compe- I – the Federal Supreme Court; tence to express opinion on: I-A – the National Council of Justice; I – federal intervention, state of defense and state of II – the Superior Court of Justice; siege; II-A - the Superior Labor Court; II – matters relevant to the stability of the democratic III – the Federal Regional Courts and the Federal Judges; institutions. IV – the Labour Courts and Judges; Paragraph 1. The President of the Republic may call a V – the Electoral Courts and Judges; State Minister to participate in the Council meeting, VI – the Military Courts and Judges; when the agenda includes a matter related to the res- VII – the Courts and Judges of the States, of the Federal pective Ministry. District and of the Territories. Paragraph 2. The organization and operation of the Paragraph 1. The Federal Supreme Court, the National Council of the Republic shall be regulated by law. Council of Justice, and the Superior Courts have their seat in the Federal Capital. Subsection II – The National Defense Council Paragraph 2. The Federal Supreme Court and the Su- Article 91. The National Defense Council is a consulta- perior Courts have their jurisdiction over the entire tion body of the President of the Republic on matters Brazilian territory. related to national sovereignty and the defense of the Article 93. A supplementary law, proposed by the Federal democratic state, and the following participate in it as Supreme Court, shall provide for the Statute of the natural members: (CA No. 23, 1999) Judicature, observing the following principles: (CA No. I – the Vice-President of the Republic; 19, 1998; CA No. 20, 1998; CA No. 45, 2004) II – the President of the Chamber of Deputies; I – admission into the career, with the initial post of III – the President of the Federal Senate; substitute judge, by means of a civil service entrance IV – the Minister of Justice; examination of tests and presentation of academic and V – the Minister of Defense; professional credentials, with the participation of the VI – the Minister of External Relations; Brazilian Bar Association in all phases, at least three VII – the Minister of Planning; years of legal practice being required of holders of a VIII – the Commanders of the Navy, the Army, and the B.A. in law, and obeying the order of classification for Air Force. appointments; Paragraph 1. It is the competence of the National De- II – promotion from level to level, based on seniority fense Council: and merit, alternately, observing the following rules: I – to express opinion in the event of declaration of war a) the promotion of a judge who has appeared in a and making of peace, as established in this Constitution; merit list for three consecutive times or for five II – to express opinion on the decreeing of state of alternate times is mandatory; defense, state of siege and federal intervention; b) merit promotion requires two years in office in III – to propose the criteria and conditions for the use the respective level and that the judge should of areas which are indispensable to the security of appear in the top fifth part of the seniority list the national territory and to express opinion on their of such level, unless no one satisfying such re- actual use, especially on the boundary zone and on quirements is willing to accept the vacant post; those related to the preservation and exploitation of c) appraisal of merit according to performance natural resources of any kind; and to the objective criteria of productivity and IV – to study, propose and monitor the development of promptness in the exercise of the jurisdictional initiatives required to guarantee national independence and the defense of the democratic state.

43 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition

function and according to attendance and achie- insofar as pertinent, the provisions of subitems a, b, vement in official or recognized improvement c, and e of item II; courses; IX – all judgements of the bodies of the Judicial Power d) in determining seniority, the court may only reject shall be public, and all decisions shall be justified, under the judge with the longest service by the justified penalty of nullity, but the law may limit attendance, in vote of two-thirds of its members, according to a given acts, to the interested parties and to their lawyers, specific procedure, full defense being ensured, or only to the latter, whenever preservation of the right the voting being repeated until the selection is to privacy of the party interested in confidentiality will concluded; not harm the right of the public interest to information; e) promotion shall not be granted to a judge who X – administrative decisions of courts shall be suppor- unjustifiably withholds case records beyond the ted by a recital and shall be made in open session, and legal deadline, and he may not return them to the disciplinary decisions shall be taken by the vote of the court archives without providing the necessary absolute majority of their members; disposition thereof or decision thereon; XI – in courts with more than twenty-five judges, a III – access to the courts of second instance shall obey special body may be constituted, with a minimum of seniority and merit, alternately, as determined at the eleven and a maximum of twenty-five members, to last or single level; exercise delegated administrative and jurisdictional IV – provision of official courses for preparation, im- duties which are under the powers of the full court, provement, and promotion of judges, while the parti- half of the positions being filled according to seniority cipation in an official course or in a course recognized and the other half through election by the full court; by a national school for the education and further XII – courts will operate continuously, without inter- development of judges shall constitute a mandatory ruption, collective vacation being forbidden for first stage of the tenure acquisition process; instance judges and courts of second instance, and V – the compensation of the Justices of the Superior there must be judges on duty at all times on days in Courts shall correspond to ninety-five percent of the which courts are closed; monthly compensation stipulated for the Justices of the XIII – the number of judges in each court shall be pro- Federal Supreme Court, and the compensation of the portional to the effective judicial demand and to the other judges shall be stipulated by law and distributed, at respective population; the federal and state levels, according to the respective XIV – court employees will receive delegation to carry categories of the national judiciary structure, and the out administrative acts and acts aimed at the mere difference between categories may not be higher than disposition of matters, without a decisional nature; ten per cent or lower than five per cent, nor higher than XV – proceedings will be assigned immediately upon ninety-five per cent of the monthly compensation of filing, at all levels of jurisdiction. the Justices of the Superior Courts, with due regard, in Article 94. One-fifth of the seats of the Federal Regional any of the cases, for the provisions of articles 37, item Courts, of the Courts of the States, and of the Federal XI, and 39, paragraph 4; District and the Territories shall be occupied by mem- VI – the retirement of judges as well as the granting of bers of the Public Prosecution, with over ten years of pensions for their dependents shall comply with the office, and by lawyers of notable juridical learning and provisions of article 40; spotless reputation, with over ten years of effective VII – a permanent judge shall reside in the respective professional activity, nominated in a list of six names judicial district, except when otherwise authorized by by the entities representing the respective classes. the court; Sole paragraph. Upon receiving the nominations, the VIII – the acts of removal, of placement on paid availa- court shall organize a list of three names and shall bility, and of retirement of a judge, for public interest, send it to the Executive Power, which shall, within the shall be based on a decision by the vote of the abso- subsequent twenty days, select one of the listed names lute majority of the respective court or of the National for appointment. Council of Justice, full defense being ensured; VIII-A – the removal upon request or the exchange Article 95. Judges enjoy the following guarantees: (CA of judges of same-level judicial districts shall obey, No. 19, 1998; CA No. 45, 2004)

44 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition

I – life tenure, which, at first instance, shall only be f) to grant leave, vacations and other absences to acquired after two years in office, loss of office being their members and to the judges and employees dependent, during this period, on deliberation of the who are immediately subordinated to them; court to which the judge is subject, and, in other cases, II – the Federal Supreme Court, the Superior Courts on a final and unappealable judicial decision; and the Courts of Justice, to propose to the respective II – irremovability, save for reason of public interest, Legislative Power, with due regard for the provisions under the terms of article 93, item VIII; of article 169: III – irreducibility of compensation, except for the pro- a) alteration in the number of members of the lower visions of articles 37, items X and XI, 39, paragraph 4, courts; 150, item II, 153, item III, and 153, paragraph 2, item I. b) creation and abolishment of offices and the Sole paragraph. Judges are forbidden to: remuneration of the auxiliary services and of I – hold, even when on paid availability, another office the courts connected with them, as well as the or position, except for a teaching position; establishment of the compensation for their II – receive, on any account or for any reason, court members and for the judges, including those of costs or participation in a lawsuit; the lower courts, if existing; III – engage in political or party activities; c) creation or abolishment of lower courts; IV – receive, on any account or for any reason, financial d) alteration of the judicial organization and division; aid or contribution from individuals, and from public or III – the Courts of Justice, to try judges of the States, private institutions, save for the exceptions set forth of the Federal District and of the Territories, as well as in law; members of the Public Prosecution, for common crimes V – practice law in the court or tribunal on which they and crimes of malversation, except in those cases within served as judges, for a period of three years following the competency of the Electoral Courts. their retirement or discharge. Article 97. The courts may declare a law or a normative Article 96. It is of the exclusive competence of: (CA No. act of the Government unconstitutional only by the 19, 1998; CA No. 41, 2003) vote of the absolute majority of their members or of I – the courts: the members of the respective special body. a) to elect their directive bodies and to draw up their Article 98. The Union, in the Federal District and in the internal regulations, in compliance with the rules Territories, and the States shall create: (CA No. 22, 1999; of proceedings and the procedural guarantees of CA No. 45, 2004) the parties, and regulating the competence and I – special courts, filled by togated judges, or by togated the operation of the respective jurisdictional and and lay judges, with powers for conciliation, judge- administrative bodies; ment and execution of civil suits of lesser complexity b) to organize their secretariats and auxiliary services, and criminal offenses of lower offensive potential, by as well as those of the tribunals connected with oral and summary proceedings, allowing, in the cases them, guaranteeing the exercise of the respective established in law, the settlement and judgement of inspection activities; appeals by panels of judges of first instance; c) to fill, under the terms of this Constitution, of- II – remunerated justice of peace, formed by citizens fices of career judges within their respective elected by direct, universal and secret vote, with a jurisdiction; term of office of four years and competence to, under d) to propose the creation of new courts of first the terms of the law, perform marriages, examine instance; qualification proceedings, ex officio or in view of the e) to fill, by means of a civil service entrance exa- presentation of a challenge, and exercise conciliatory mination of tests, or of tests and presentation of functions, of a non-jurisdictional nature, besides others academic and professional credentials, according established by law. to the provisions of article 169, Sole paragraph4, Paragraph 1. Federal legislation shall provide for the the offices required for the administration of jus- establishment of special courts within Federal Justice. tice, except for the positions of trust as defined Paragraph 2. Judicial costs and fees shall be assigned in law; exclusively to fund services related to activities which are specific of Justice. 4. Should read as “paragraph 1”, by virtue of the provisions of CA No. 19, 1998.

45 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition

Article 99. The Judicial Power is ensured of administrative Paragraph 2. Support-related debts owed to persons and financial autonomy. (CA No. 45, 2004) aged 60 (sixty) or over on the date the respective court Paragraph 1. The courts shall prepare their budget order is issued, or to persons with serious diseases, as proposals, within the limits stipulated jointly with the defined by law, shall be paid before any other debts, other Powers in the law of budgetary directives. up to an amount equivalent to three times the amount Paragraph 2. The proposal shall, after hearing the other stipulated by law for the purposes of paragraph 3 of interested courts, be forwarded: this article, parceling for such end being permitted, I – at the federal level, by the presidents of the Federal whereas the remaining amount shall be paid according Supreme Court and of the Superior Courts, with the to the chronological order of submission of respective approval of the respective courts; court order. II – at the level of the States and of the Federal District Paragraph 3. The provision contained in the head pa- and the Territories, by the presidents of the Courts of ragraph of this article, regarding the issuance of court Justice, with the approval of the respective courts. orders, does not apply to obligations defined by law as Paragraph 3. If the government bodies referred to in small amounts, which must be paid by the treasuries paragraph 2 do not forward their respective budget herein referred to by virtue of a final and unappealable proposals within the time period stipulated in the law court decision. of budgetary directives, the Executive Power shall, Paragraph 4. For the purposes of the provision of pa- with a view to engrossing the annual budget proposal, ragraph 3, different amounts may be stipulated for take into account the figures approved in the current the federating units through their own legislation and budgetary law, such figures adjusted in accordance with according to their various economic capabilities, whereas the limits stipulated under the terms of paragraph 1 the minimum amount shall be equal to the amount of of this article. the highest benefit paid by the general Social Security Paragraph 4. If the budget proposals referred to in scheme. this article and thus forwarded do not obey the limits Paragraph 5. It is mandatory for the budgets of the fe- stipulated under paragraph 1, the Executive Power derating units to include the funds required for payment shall effect the necessary adjustments with a view to of debts arising from final and unappealable judicial engrossing the annual budget proposal. decisions, stated in court orders submitted until or on Paragraph 5. In the implementation of the budget of a July 1, and payment shall be made before the close of specific fiscal year, no expenses may be incurred and the subsequent fiscal year, on which date their amounts no obligations may be assumed that exceed the limits shall be adjusted for inflation. stipulated in the law of budgetary directives, except Paragraph 6. The budgetary allocations and the credits when previously authorized, by opening supplementary opened shall be assigned to the Judicial Power, it being or special credits. within the competence of the Presiding Judge of the Court which rendered the decision of execution to de- Article 100. Payments owed by the federal, State, Federal termine full payment and to authorize – upon petition District, or Municipal treasuries, by virtue of a court of a creditor and exclusively in the event that his right decision, shall be made exclusively in chronological of precedence is not respected or that the amount order of submission of court orders and charged to the necessary to satisfy the debt has not been set aside – respective credits, it being forbidden to designate cases attachment of the respective amount. or persons in the budgetary appropriations and in the Paragraph 7. The Presiding Judge of the appropriate additional credits opened for such purpose. (CA No. 20, Court who, by means of an act or omission, delays or 1998; CA No. 30, 2000; CA No. 37, 2002; CA No. 62, 2009) attempts to frustrate the regular payment of a court-or- Paragraph 1. Support-related debts include those dered debt shall be liable to crime of malversation and arising from wages, salaries, pay, pensions, and their shall also appear before the National Council of Justice. supplementations, social security benefits and com- Paragraph 8. The issuance of a court order as a supple- pensation for death and disability, such compensation mentation to or in addition to an amount already paid, being based on civil liability, by virtue of a final and as well as the parceling, apportionment, or reduction unappealable judicial decision, and shall be paid before of the amount under execution – so that the provision any other debts, except those referred to in paragraph of paragraph 3 may be applied to a portion of the total 2 of this article. amount – are forbidden.

46 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition

Paragraph 9. At the time a court order is issued, ir- Section II – The Federal Supreme Court respective of the relevant regulation, there shall be Article 101. The Federal Supreme Court is composed deducted from such court order, for the purpose of a of eleven Justices, chosen from among citizens over set-off, an amount corresponding to clear legal debits, thirty-five and under sixty-five years of age, of notable either registered or not under debts in execution and juridical learning and spotless reputation. attributed to the original creditor by the Treasury in Sole paragraph. The Justices of the Federal Supreme debt, including future accruing installments of parce- Court shall be appointed by the President of the Repu- lings, save for those whose execution has been stayed blic, after their nomination has been approved by the by virtue of administrative or judicial challenge. absolute majority of the Federal Senate. Paragraph 10. Before a court order is issued, the relevant court shall request that the Treasury in debt must Article 102. The Federal Supreme Court is responsible, provide, within 30 (thirty) days, otherwise subject to loss essentially, for safeguarding the Constitution, and it is of the right to offset, information on the debits which within its competence: (CA No. 3, 1993; CA No. 22, 1999; meet the conditions stipulated in paragraph 9, for the CA No. 23, 1999; CA No. 45, 2004) purposes set forth in said paragraph. I – to institute legal proceeding and trial, in the first Paragraph 11. In accordance with legislation of the instance, of: federating unit in debt, a creditor may employ court a) direct actions of unconstitutionality of a federal order credits to purchase public property belonging or state law or normative act, and declaratory to the respective federating unit. actions of constitutionality of a federal law or Paragraph 12. As from the date Constitutional Amend- normative act; ment No. 62 is enacted, the amounts stated in court b) in common criminal offenses, the President of orders, after such court orders are issued up until ef- the Republic, the Vice-President, the members fective payment, irrespective of their nature, shall be of the National Congress, its own Justices and adjusted according to the official rate applied to savings the Attorney-General of the Republic; accounts, whereas, for the purpose of compensation c) in common criminal offenses and crimes of malver- of delay in the payment, simple interest will be applied sation, the Ministers of State and the Commanders at the same percentage of interest applied to savings of the Navy, the Army, and the Air Force, except accounts, the employment of compensatory interest as provided in article 52, item I, the members of being excluded. the Superior Courts, those of the Federal Audit Paragraph 13. Creditors may assign their court order Court and the heads of permanent diplomatic credits, in whole or in part, to third parties, irrespective missions; of consent by the debtor, and the provisions of para- d) habeas corpus, when the petitioner is any one graphs 2 and 3 shall not be applied to the assignee. of the persons referred to in the preceding su- Paragraph 14. Assignment of court order credits shall bitems; the writ of mandamus and habeas data only produce effects after communication to the court against acts of the President of the Republic, of of origin and to the federating unit in debt by filing a the Directing Boards of the Chamber of Deputies relevant petition. and of the Federal Senate, of the Federal Audit Paragraph 15. Without prejudice to the provisions of Court, of the Attorney-General of the Republic this article, a supplementary law to this Federal Cons- and of the Federal Supreme Court itself; titution may establish a special regime for the payment e) litigation between a foreign State or an interna- of court-ordered debts owed by States, the Federal tional organization and the Union, a State, the District, and Municipalities, providing for earmarked net Federal District or a Territory; current revenues and for payment term and methods. f) disputes and conflicts between the Union and Paragraph 16. The Federal Government may, at its own the States, the Union and the Federal District, or discretion and under the terms of relevant law, take between one another, including the respective on debts resulting from court orders issued against a indirect administration bodies; State, the Federal District, or a Municipality, and refi- g) extradition requested by a foreign state; nance them directly. h) (revoked); i) habeas corpus, when the constraining party is a Superior Court, or when the constraining party

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or the petitioner is an authority or employee Paragraph 2. Final decisions on merits, pronounced by whose acts are directly subject to the jurisdiction the Federal Supreme Court, in direct actions of uncons- of the Federal Supreme Court, or in the case of titutionality and declaratory actions of constitutionality a crime, subject to the same jurisdiction in one shall have force against all, as well as a binding effect, sole instance; as regards the other bodies of the Judicial Power and j) criminal review of and actions to overrule its final the governmental entities and entities owned by the judgements; Federal Government, in the federal, state, and local levels. l) claims for the preservation of its powers and Paragraph 3. In an extraordinary appeal, the appealing guarantee of the authority of its decisions; party must demonstrate the general repercussion of m) enforcement of court decisions in the cases whe- the constitutional issues discussed in the case, under re it has original competence, the delegation of the terms of the law, so that the Court may examine the duties to perform procedural acts being allowed; possibility of accepting the appeal, and it may only reject n) a suit in which all members of the judicature are it through the opinion of two thirds of its members. directly or indirectly involved, and a suit in which Article 103. The following may file direct actions of more than half of the members of the court of unconstitutionality and declaratory actions of consti- origin are disqualified or have a direct or indirect tutionality: (CA No. 3, 1993; CA No. 45, 2004) interest; I – the President of the Republic; o) conflicts of powers between the Superior Court II – the directing board of the Federal Senate; of Justice and any other courts, between Superior III – the directing board of the Chamber of Deputies; Courts, or between the latter and any other court; IV – the Directing Board of a State Legislative Assembly p) petitions of provisional remedy in direct actions or of the Federal District Legislative Chamber; of unconstitutionality; V – a State Governor or the Federal District Governor; q) writs of injunction, when drawing up of the re- VI – the Attorney-General of the Republic; gulation is the responsibility of the President of VII – the Federal Council of the Brazilian Bar Association; the Republic, of the National Congress, of the VIII – a political party represented in the National Chamber of Deputies, of the Federal Senate, of Congress; the Directing Boards of one of these legislative IX – a confederation of labour unions or a professional houses, of the Federal Audit Court, of one of the association of a nationwide nature. Superior Courts, or of the Federal Supreme Court Paragraph 1. The Attorney-General of the Republic itself; shall be previously heard in actions of unconstitutio- r) lawsuits against the National Council of Justice nality and in all suits under the power of the Federal and against the National Council of the Public Supreme Court. Prosecution; Paragraph 2. When unconstitutionality is declared on II – to judge on ordinary appeal: account of lack of a measure to render a constitutio- a) habeas corpus, writs of mandamus, habeas data nal provision effective, the competent Power shall be and writs of injunction decided in a sole instance notified for the adoption of the necessary actions and, by the Superior Courts, in the event of a denial; in the case of an administrative body, to do so within b) political crimes; thirty days. III – to judge, on extraordinary appeal, cases decided Paragraph 3. When the Federal Supreme Court exa- in a sole or last instance, when the decision appealed: mines the unconstitutionality in abstract of a legal a) is contrary to a provision of this Constitution; provision or normative act, it shall first summon the b) declares a treaty or a federal law unconstitutional; Advocate-General of the Union, who shall defend the c) considers valid a law or act of a local government impugned act or text. contested in the light of this Constitution; Paragraph 4. (Revoked). d) considers valid a local law challenged in the light of a federal law. Article 103-A. The Federal Supreme Court may, ex offi- Paragraph 1. A claim of non-compliance with a funda- cio or upon request, upon decision of two thirds of its mental precept deriving from this Constitution shall members, and following reiterated judicial decisions on be examined by the Federal Supreme Court, under the constitutional matter, issue a summula (restatement terms of the law. of case law) which, as from publication in the official

48 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition press, shall have a binding effect upon the lower bodies the names indicated by the competent body of each of the Judicial Power and the direct and indirect public state institution; administration, in the federal, state, and local levels, XII – two lawyers, nominated by the Federal Board of and which may also be reviewed or revoked, as set forth the Brazilian Bar Association; in law. (CA No. 45, 2004) XIII – two citizens of notable juridical learning and spotless Paragraph 1. The purpose of a summula is to validate, reputation, one of whom nominated by the Chamber construe, and impart effectiveness to some rules about of Deputies and the other one by the Federal Senate. which there is a current controversy among judicial Paragraph 1. The Council shall be presided over by the bodies or among such bodies and the public admi- Chief Justice of the Federal Supreme Court and, in the nistration, and such controversy brings about serious event of his absence or impediment, by the most senior juridical insecurity and the filing of multiple lawsuits Associate Justice of the Federal Supreme Court. involving similar issues. Paragraph 2. The other members of the Council shall Paragraph 2. Without prejudice to the provisions the be appointed by the President of the Republic, after law may establish, the issuance, review, or revocation their nomination has been approved by the absolute of a summula may be requested by those who may file majority of the Federal Senate. a direct action of unconstitutionality. Paragraph 3. If the nominations set forth in this article Paragraph 3. An administrative act or judicial decision are not effected within the legal deadline, selection which contradicts the applicable summula or which shall be incumbent upon the Federal Supreme Court. unduly applies a summula may be appealed to the Paragraph 4. It is incumbent upon the Council to control Federal Supreme Court, and if the appeal is granted, the administrative and financial operation of the Judicial such Court shall declare the administrative act null and Branch and the proper discharge of official duties by void or overrule the appealed judicial decision, ordering judges, and it shall, in addition to other duties that the that a new judicial decision be issued, with or without Statute of the Judicature may confer upon it: applying the summula, as the case may be. I – ensure that the Judicial Branch is autonomous and that the Statute of the Judicature is complied with, and Article 103-B. The National Council of Justice is compo- it may issue regulatory acts within its jurisdiction, or sed of 15 (fifteen) members appointed for a two-year recommend measures; term of office, one reappointment being permitted, as II – ensure that article 37 is complied with, and examine, follows: (CA No. 45, 2004; CA No. 61, 2009) ex officio or upon request, the legality of administrative I – the Chief Justice of the Federal Supreme Court; acts carried out by members or bodies of the Judicial II – a Justice of the Superior Court of Justice, nominated Branch, and it may revoke or review them, or stipulate by said Court; a deadline for the adoption of the necessary measures III – a Justice of the Superior Labour Court, nominated to achieve due execution of the law, without prejudice by said Court; to the powers of the Federal Audit Court; IV – a judge of a State Court of Justice, nominated by III – receive and examine complaints against members the Federal Supreme Court; or bodies of the Judicial Branch, including against its V – a state judge, nominated by the Federal Supreme ancillary services, clerical offices, and bodies in charge Court; of notary and registration services which operate by VI – a judge of a Federal Regional Court, nominated by virtue of Government delegation or have been made the Superior Court of Justice; official, without prejudice to the courts’ disciplinary VII – a federal judge, nominated by the Superior Court competence and their power to correct administra- of Justice; tive acts, and it may order that pending disciplinary VIII – a judge of a Regional Labour Court, nominated by proceedings be forwarded to the National Council of the Superior Labour Court; Justice, determine the removal, placement on paid avai- IX – a labour judge, nominated by the Superior Labour lability, or retirement with compensation or pension in Court; proportion to the length of service, and enforce other X – a member of the Public Prosecution of the Union, administrative sanctions, full defense being ensured; nominated by the Attorney-General of the Republic; IV – present a formal charge to the Public Prosecution, XI – a member of a state Public Prosecution, chosen in the case of crime against public administration or by the Attorney-General of the Republic from among abuse of authority;

49 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition

V – review, ex officio or upon request, disciplinary pro- I – one-third shall be chosen from among judges of the ceedings against judges and members of courts tried Federal Regional Courts and one-third from among in the preceding twelve months; judges of the Courts of Justice, nominated in a list of VI – prepare a twice-a-year statistical report on pro- three names prepared by the Court itself; ceedings and judgements rendered per unit of the II – one-third, in equal parts, shall be chosen from among Federation in the various bodies of the Judicial Branch; lawyers and members of the Federal Public Prosecu- VII – prepare a yearly report, including the measures it tion, the Public Prosecution of the States, the Public deems necessary, on the State of the Judicial Branch Prosecution of the Federal District and the Territories, in the Country and on the Council’s activities, which alternately, nominated under the terms of article 94. report must be an integral part of a message to be Article 105. The Superior Court of Justice has the com- forwarded by the Chief Justice of the Federal Supreme petence to: (CA No. 22, 1999; CA No. 23, 1999; CA No. Court to the National Congress upon the opening of 45, 2004) the legislative session. I – institute legal proceeding and trial, in the first Paragraph 5. The Justice of the Superior Court of Justice instance, of: shall occupy the position of Corregidor-Justice, in charge a) in common crimes, the Governors of the States of internal affairs, and he shall be excluded from the and of the Federal District, and, in such crimes assignment of proceedings in said Court, the following and in crimes of malversation, the judges of the duties being incumbent upon him, in addition to those Courts of Justice of the States and of the Federal that may be conferred upon him by the Statute of the District, the members of the Audit Courts of the Judicature: States and of the Federal District, those of the I – to receive complaints and accusations from any in- Federal Regional Courts, of the Regional Electoral terested party regarding judges and judiciary services; and Labour Courts, the members of Audit Councils II – to exercise executive functions of the Council con- or Courts of the Municipalities and the members cerning inspection and general correction; of the Public Prosecution of the Union who act III – to requisition and appoint judges, charging them before courts; with specific duties, and to requisition court emplo- b) writs of mandamus and habeas data against an yees, including in the States, the Federal District, and act of a Minister of State, of the Commanders of the Territories. the Navy, the Army, and the Air Force, or of the Paragraph 6. The Attorney General of the Republic and Court itself; the Chairman of the Federal Board of the Brazilian Bar c) habeas corpus, when the constraining party or Association shall be competent to petition before the the petitioner is any of the persons mentioned Council. in subitem a, or when the constraining party is Paragraph 7. The Union shall establish Justice ombuds- a court subject to its jurisdiction, a Minister of man’s offices, including in the Federal District and in State or Commander of the Navy, the Army, or the Territories, with powers to receive complaints and the Air Force, except for the competence of the accusations from any interested party against members Electoral Courts; or bodies of the Judicial Branch, or against their ancillary d) conflicts of competence between any courts, services, thus presenting formal charges directly to the except as provided in article 102, item I, subitem National Council of Justice. o, as well as between a court and the judges Section III – The Superior Court of Justice not subject to it and between judges subject to different courts; Article 104. The Superior Court of Justice is composed e) criminal review of and actions to overrule its final of a minimum of thirty-three Justices. (CA No. 45, 2004) judgements; Sole paragraph. The Justices of the Superior Court of f) claims for the preservation of its competence Justice shall be appointed by the President of the Re- and guarantee of the authority of its decisions; public chosen from among Brazilians over thirty-five g) conflicts of duties between administrative and and under sixty-five years of age, of notable juridical judicial authorities of the Union, or between ju- learning and spotless reputation, after the nomination dicial authorities of one State and administrative has been approved by the absolute majority of the authorities of another or of the Federal District, Federal Senate, as follows:

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or between those of the latter and those of the Section IV – The Federal Regional Union; Courts and the Federal Judges h) writs of injunction, when the drawing up of a Article 106. The following are the bodies of Federal Justice: regulation is the responsibility of a federal body, I – the Federal Regional Courts; entity, or authority, of the direct or indirect ad- II – the Federal Judges. ministration, with the exception of the cases within the competence of the Federal Supreme Article 107. The Federal Regional Courts are composed Court and of the bodies of the Military Justice, of a minimum of seven judges, selected, whenever pos- of the Electoral Justice, of the Labour Justice and sible, in the respective region and nominated by the of the Federal Justice; President of the Republic from among Brazilians over i) the homologation of foreign court decisions and thirty and under sixty-five years of age, as follows: (CA the granting of exequatur to letters rogatory; No. 45, 2004) II – judge, on ordinary appeal: I – one-fifth shall be chosen from among lawyers ef- a) habeas corpus decided in a sole or last instance fectively practicing their professional activity for more by the Federal Regional Courts or by the courts than ten years and from among members of the Federal of the States, of the Federal District and the Public Prosecution, with over ten years of service; Territories, in the event of a denial; II – the others, by means of promotion of federal judges b) writs of mandamus decided in a sole instance with over five years in office, for seniority and merit, by the Federal Regional Courts or by the courts alternately. of the States, of the Federal District and the Paragraph 1. A law shall regulate the removal or ex- Territories, in the event of a denial; change of judges of the Federal Regional Courts and c) cases in which the parties are a foreign state or shall determine their jurisdiction and seat. international organization, on the one part, and Paragraph 2. The Federal Regional Courts shall install a Municipality or a person residing or domiciled an itinerant justice system, carrying out hearings and in the country, on the other part; other functions typical of the operation of justice, within III – judge, on special appeal, the cases decided, in a the territorial limits of the respective jurisdiction, and sole or last instance, by the Federal Regional Courts or making use of public and community facilities. by the courts of the States, of the Federal District and Paragraph 3. The Federal Regional Courts may operate the Territories, when the decision appealed: in a decentralized mode, by creating regional Divisions, a) is contrary to a treaty or a federal law, or denies with a view to affording claimants full access to justice it effectiveness; in all stages of the judicial action. b) considers valid an act of a local government Article 108. The Federal Regional Courts have the com- challenged in the light of a federal law; petence to: c) confers upon a federal law an interpretation I – institute legal proceeding and trial, in the first different from that which has been conferred instance, of: upon it by another court. a) federal judges within the area of their jurisdiction, Sole paragraph. The following shall operate in conjunc- including those of the Military and Labour Courts, tion with the Superior Court of Justice: in common crimes and crimes of malversation, I – the National School for the Education and Further and the members of the Public Prosecution of the Development of Judges, which shall be in charge, among Union, except for the competence of the Electoral other duties, of regulating the official courses for ad- Courts; mission into and promotion in the career; b) criminal reviews of and actions to overrule their II – the Council of Federal Justice, which shall, under the final judgements or those of the federal judges terms of the law, exercise administrative and budgetary of the region; supervision over the Federal Courts of first and second c) writs of mandamus and habeas data against an instances, in the quality of the main body of the system, act of the Court itself or of a federal judge; having powers to correct administrative acts, and whose d) habeas corpus, when the constraining authority decisions shall have a binding nature. is a federal judge; e) conflicts of competence between federal judges subject to the Court;

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II – judge, at the level of appeal, cases decided by federal domiciled, or where the act or fact giving rise to the judges and by state judges in the exercise of the federal suit occurred or where the item is located, or further, competence within the area of their jurisdiction. in the Federal District. Paragraph 3. Cases in which the parties are a social Article 109. The federal judges have the competence to security institution and its beneficiary shall undergo institute legal proceeding and trial of: (CA No. 45, 2004) legal proceeding and trial in the State courts, in the I – cases in which the Union, an autonomous government forum of the domicile of the beneficiaries or insured agency or a federal public company have an interest participants, whenever the district is not the seat of as plaintiffs, defendants, privies or interveners, with a federal court of first instance, in which case the law the exception of cases of bankruptcy, of job-related may allow other cases to be also processed and judged accidents, and of those subject to the Electoral and by the State courts. Labour Courts; Paragraph 4. In the event of the preceding paragraph, II – cases between a foreign state or international the appropriate appeal shall always be taken to the organization and a Municipality or a person domiciled Federal Regional Court within the area of jurisdiction or residing in the country; of a judge of first instance. III – cases based on a treaty or a contract between the Paragraph 5. In cases of serious human rights viola- Union and a foreign State or international organization; tions, and with a view to ensuring compliance with IV – political crimes and criminal offenses committed obligations deriving from international human rights against the assets, services or an interest of the Union treaties to which Brazil is a party, the Attorney-General or of its autonomous agencies or public companies, ex- of the Republic may request, before the Superior Court cluding misdemeanours and excepting the competence of Justice, and in the course of any of the stages of the of the Military and Electoral Courts; inquiry or judicial action, that jurisdiction on the matter V – crimes covered by an international treaty or con- be taken to Federal Justice. vention, when, the prosecution having started in the country, the result has taken place or should have taken Article 110. Each State, as well as the Federal District, place abroad, or conversely; shall be a judicial section, which shall have its seat in V-A – cases regarding human rights referred to in pa- the respective capital, and there shall be courts of first ragraph 5 of this article; instance located where established in law. VI – crimes against the organization of labour and, in Sole paragraph. In the federal Territories, the jurisdiction the cases determined by law, those against the financial and duties attributed to federal judges shall be within system and the economic and financial order; the competence of the judges of the local justice, under VII – habeas corpus, in criminal matters within their the terms of the law. competence or when the coercion is exercised by an Section V – Labour Courts and Judges authority whose acts are not directly subject to another jurisdiction; Article 111. The following are the bodies of Labour VIII – writs of mandamus and habeas data against an Justice: (CA No. 24, 1999; CA No. 45, 2004) act of a federal authority, except for the cases within I – the Superior Labour Court; the competence of the federal courts; II – the Regional Labour Courts; IX – crimes committed aboard ships or aircrafts, excep- III – Labour Judges. ting the competence of the Military Courts; Paragraph 1. (Revoked). X – crimes or irregular entry or stay of a foreigner, Paragraph 2. (Revoked). execution of letters rogatory, after exequatur, and of Paragraph 3. (Revoked). foreign court decisions, after homologation, cases Article 111-A. The Superior Labor Court shall be com- related to nationality, including the respective option, posed of twenty-seven Justices, chosen from among and to naturalization; Brazilians over thirty-five and under sixty-five years XI – disputes over the rights of Indians. of age, of notorious legal knowledge and flawless re- Paragraph 1. Cases in which the Union is the plaintiff putation, appointed by the President of the Republic shall be instituted in the judicial section where the after approval by the absolute majority of the Federal other party is domiciled. Senate, as follows: (CA No. 45, 2004; CA No. 92, 2016) Paragraph 2. Cases brought against the Union may be instituted in the judicial section where the plaintiff is

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I – one-fifth from among lawyers effectively practicing V – conflicts of powers between bodies having juris- their professional activity for more than ten years and diction over labour issues, except as provided under from among members of the Labour Public Prosecution article 102, item I, subitem o; with over ten years of effective exercise, with due regard VI – judicial actions arising from labour relations which for the provisions of article 94; seek compensation for moral or property damages; II – the others, from among career judges of the Regional VII – judicial actions regarding administrative penalties Labour Courts, nominated by the Superior Labour Court. imposed upon employers by the bodies charged with Paragraph 1. The law shall make provisions for the supervising labour relations; powers of the Superior Labour Court. VIII – ex officio enforcement of the welfare contribu- Paragraph 2. The following shall operate in conjunction tions set forth in article 195, items I, subitem a, and II, with the Superior Labour Court: and their legal raises, arising from the judgements it I – the National School for the Education and Further pronounces; Development of Labour Judges, which shall have the IX – other disagreements arising from labour relations, duty, among others, to regulate the official courses for under the terms of the law. admission into and promotion in the career; Paragraph 1. If collective negotiations are unsuccessful, II – the Higher Council of Labour Justice, which shall, the parties may elect arbitrators. under the terms of the law, exercise administrative, Paragraph 2. If any of the parties refuses collective ne- budgetary, financial, and property supervision over gotiation or arbitration, they may file a collective labour Labour Courts of first and second instances, in the suit of an economic nature, by mutual agreement, and quality of central body of the system, whose decisions Labour Courts may settle the conflict, respecting the shall have a binding effect. minimum legal provisions for the protection of labour, Paragraph 3. The Superior Labor Court has the original as well as any provisions previously agreed upon. jurisdiction to process and decide upon any actions to Paragraph 3. In the event of a strike in an essential preserve its jurisdiction and to guarantee the authority activity which may possibly injure the public interest, of its decisions. the Labour Public Prosecution may file a collective labour suit, and it is incumbent upon Labour Courts to Article 112. The law shall establish Labour Courts of settle the conflict. first instance, allowing, in districts not covered by their jurisdiction, for the attribution of such jurisdiction to Article 115. The Regional Labour Courts are composed judges, appeals being admissible to the respective Re- of a minimum of seven judges, selected, whenever gional Labour Court. (CA No. 24, 1999; CA No. 45, 2004) possible, in the respective region and appointed by the President of the Republic from among Brazilians over Article 113. The law shall regulate the constitution, thirty and under sixty-five years of age, as follows: (CA installation, jurisdiction, powers, guarantees, and con- No. 24, 1999; CA No. 45, 2004) ditions of exercise of the bodies of Labour Justice. (CA I – one-fifth shall be chosen from among lawyers ef- No. 24, 1999) fectively practicing their professional activity for more Article 114. Labour Justice has the power to hear and than ten years and from among members of the Labour try: (CA No. 20, 1998; CA No. 45, 2004) Public Prosecution with over ten years of effective I – judicial actions arising from labour relations, com- service, with due regard for the provisions of article 94; prising entities of public international law and of the II – the others, by means of promotion of labour judges direct and indirect public administration of the Union, for seniority and merit, alternately. the States, the Federal District, and the Municipalities; Paragraph 1. The Regional Labour Courts shall install II – judicial actions involving the exercise of the right an itinerant justice system, carrying out hearings and to strike; other functions typical of the operation of justice, within III – judicial actions regarding union representation, the territorial limits of the respective jurisdiction, and when the opposing parties are trade unions, or trade making use of public and community facilities. unions and workers, or trade unions and employers; Paragraph 2. The Regional Labour Courts may operate IV – writs of mandamus, habeas corpus, and habeas in a decentralized mode, by creating regional Divisions, data, when the action being challenged involves matter with a view to affording claimants full access to justice under the jurisdiction of Labour Justice; in all stages of the judicial action.

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Article 116. In the Labour Courts of first instance, ju- Article 121. A supplementary law shall provide for the risdiction shall be exercised by a single judge. (CA No. organization and competence of the electoral courts, 24, 1999) judges and boards. Sole paragraph. (Revoked). Paragraph 1. The members of the courts, the court judges and the members of the electoral boards, while Article 117. (Revoked). (CA No. 24, 1999) in office and insofar as applicable to them, shall enjoy Section VI – Electoral Courts and Judges full guarantees and shall be non-removable. Paragraph 2. The Judges of the Electoral Courts, except Article 118. The following are the bodies of Electoral for a justified reason, shall serve for a minimum of two Justice: years, and never for more than two consecutive two-year I – the Superior Electoral Court; periods, and their substitutes shall be chosen at the II – the Regional Electoral Courts; same time and through the same procedure, in equal III – the Electoral Judges; numbers for each category. IV – the Electoral Boards. Paragraph 3. The decisions of the Superior Electoral Article 119. The Superior Electoral Court shall be com- Court are unappealable, save those which are contrary posed of a minimum of seven members chosen: to this Constitution and those denying habeas corpus I – through election, by secret vote: or writs of mandamus. a) three judges from among the Justices of the Paragraph 4. Decisions of the Regional Electoral Courts Federal Supreme Court; may only be appealed against when: b) two judges from among the Justices of the Supe- I – they are rendered against an express provision of rior Court of Justice; this Constitution or of a law; II – through appointment by the President of the Re- II – there is a divergence in the interpretation of a law public, two judges from among six lawyers of notable between two or more electoral courts; juridical learning and good moral repute, nominated III – they relate to ineligibility or issuance of certificates by the Federal Supreme Court. of electoral victory in federal or state elections; Sole paragraph. The Superior Electoral Court shall IV – they annul certificates of electoral victory or decree elect its President and Vice-President from among the the loss of federal or state elective offices; Justices of the Federal Supreme Court, and its Electoral V – they deny habeas corpus, writs of mandamus, habeas Corregidor from among the Justices of the Superior data or writs of injunction. Court of Justice. Section VII – Military Courts and Judges Article 120. There shall be a Regional Electoral Court Article 122. The following are the bodies of Military in the capital of each State and in the Federal District. Justice: Paragraph 1. The Regional Electoral Courts shall be I – the Superior Military Court; composed: II – the Military Courts and Judges instituted by law. I – through election, by secret vote: a) of two judges chosen from among the judges of Article 123. The Superior Military Court shall be composed the Court of Justice; of fifteen life Justices, appointed by the President of b) of two judges chosen by the Court of Justice from the Republic, after their nomination has been approved among court judges; by the Federal Senate, three of which shall be chosen II – of a judge of the Federal Regional Court with its from among General officers of the Navy, four from seat in the capital of a State or in the Federal District, among General officers of the Army, three from among or, in the absence thereof, of a federal judge chosen General officers of the Air Force, all of them in active in any case by the respective Federal Regional Court; service and in the highest rank of the career, and five III – through appointment by the President of the Re- from among civilians. public, of two judges nominated by the Court of Justice Sole paragraph. The civil justices shall be chosen by the from among six lawyers of notable juridical learning President of the Republic from among Brazilians over and good moral repute. thirty-five years of age, as follows: Paragraph 2. The Regional Electoral Court shall elect its I – three from among lawyers of notable juridical learning President and Vice-President from among its judges. and spotless conduct, with over ten years of effective professional activity;

54 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition

II – two, by equal choice, from among auditor judges Paragraph 7. The Court of Justice shall install an itinerant and members of the Public Prosecution of the Military justice system, carrying out hearings and other functions Justice. typical of the operation of justice, within the territorial limits of the respective jurisdiction, and making use of Article 124. The Military Courts have the competence public and community facilities. to carry out legal proceeding and trial of the military crimes defined by law. Article 126. For the settlement of conflicts relating to Sole paragraph. The law shall make provisions for the land property, the Court of Justice shall propose the organization, operation and competence of the Military creation of specialized single-judge courts, with exclu- Courts. sive competence for agrarian matters. (CA No. 45, 2004) Sole paragraph. Whenever efficient jurisdictional service Section VIII – Courts and Judges of the States requires it, the judge shall go personally to the site of Article 125. The States shall organize their judicial the litigation. system, observing the principles established in this CHAPTER IV – THE FUNCTIONS ESSENTIAL TO JUSTICE Constitution. (CA No. 45, 2004) Paragraph 1. The competence of the courts shall be Section I – The Public Prosecution defined in the Constitution of the State, and the law Article 127. The Public Prosecution is a permanent of judicial organization shall be the initiative of the institution, essential to the jurisdictional function of Court of Justice. the State, and it is its duty to defend the juridical order, Paragraph 2. The States have the competence to insti- the democratic regime and the inalienable social and tute actions of unconstitutionality of State or Municipal individual interests. (CA No. 19, 1998; CA No. 45, 2004) laws or normative acts in the light of the Constitution Paragraph 1. Unity, indivisibility and functional in- of the State, it being forbidden to attribute legitimation dependence are institutional principles of the Public to act to a sole body. Prosecution. Paragraph 3. By proposal of the Court of Justice, a State Paragraph 2. The Public Prosecution is ensured of law may create the State Military Justice, constituted, at functional and administrative autonomy, and it may, first instance, by judges and by the Councils of Justice observing the provisions of article 169, propose to the and, at second instance, by the Court of Justice itself, or Legislative Power the creation and abolishment of its by the Court of Military Justice in those States in which offices and auxiliary services, filling them through a civil the military troops count more than twenty thousand service entrance examination of tests or of tests and members. presentation of academic and professional credentials, Paragraph 4. The State Military Justice has the com- the remuneration policies, and the career plans; the petence to institute legal proceeding and trial of the law shall provide for its organization and operation. military of the States for military crimes defined in Paragraph 3. The Public Prosecution shall prepare its law, as well as to hear and try judicial actions against budget proposal within the limits established in the military disciplinary measures, with due regard for the law of budgetary directives. competence of the jury when the victim is a civilian, Paragraph 4. If the Public Prosecution does not forward and the competent court shall decide upon the loss of its respective budget proposal within the time period post or rank of officers and of the grade of servicemen. stipulated in the law of budgetary directives, the Exe- Paragraph 5. The judges of the military justice system cutive Power shall, with a view to engrossing the annual have the competence, in the quality of single-judge budget proposal, take into account the figures approved courts, to institute legal proceeding and trial of military in the current budgetary law, such figures adjusted in crimes committed against civilians and to hear and try accordance with the limits stipulated under the terms judicial actions against military disciplinary measures, of paragraph 3. and it is incumbent upon the Council of Justice, presided Paragraph 5. If the budget proposal referred to in this over by a judge, to institute legal proceeding and trial article and thus forwarded does not obey the limits of other military crimes. stipulated under paragraph 3, the Executive Power Paragraph 6. The Court of Justice may operate in a de- shall effect the necessary adjustments with a view to centralized mode, by creating regional Divisions, with engrossing the annual budget proposal. a view to affording claimants full access to justice in all stages of the judicial action.

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Paragraph 6. In the implementation of the budget of a absolute majority of its members, full defense specific fiscal year, no expenses may be incurred and being ensured; no obligations may be assumed that exceed the limits c) irreducibility of compensation, stipulated ac- stipulated in the law of budgetary directives, except cording to article 39, paragraph 4, and with due when previously authorized, by opening supplementary regard for the provisions of articles 37, items X or special credits. and XI, 150, item II, 153, item III, 153, paragraph 2, item I; Article 128. The Public Prosecution comprises: (CA No. II – the following prohibitions: 19, 1998; CA No. 45, 2004) a) receiving, on any account or for any reason, fees, I – the Public Prosecution of the Union, which includes: percentages or court costs; a) the Federal Public Prosecution; b) practicing the legal profession; b) the Labour Public Prosecution; c) participating in a commercial company, under c) the Military Public Prosecution; the terms of the law; d) the Public Prosecution of the Federal District and d) exercising, even when on paid availability, any other the Territories; public function, except for a teaching position; II – the Public Prosecutions of the States. e) engaging in political or party activities; Paragraph 1. The head of the Public Prosecution of the f) receiving, on any account or for any reason, fi- Union is the Attorney-General of the Republic, appointed nancial aid or contribution from individuals, and by the President of the Republic from among career from public or private institutions, save for the members over thirty-five years of age, after his name exceptions set forth in law. has been approved by the absolute majority of the Paragraph 6. The provisions of article 95, Sole paragraph, members of the Federal Senate, for a term of office of item V, shall apply to the members of Public Prosecution. two years, reappointment being allowed. Paragraph 2. The removal of the Attorney-General of Article 129. The following are institutional functions of the Republic, on the initiative of the President of the the Public Prosecution: (CA No. 45, 2004) Republic, shall be subject to prior authorization by the I – to initiate, exclusively, public criminal prosecution, absolute majority of the Federal Senate. under the terms of the law; Paragraph 3. The Public Prosecutions of the States, of II – to ensure effective respect by the Public Authorities the Federal District and the Territories shall prepare a and by the services of public relevance for the rights list of three names from among career members, under guaranteed in this Constitution, taking the action re- the terms of the respective law, for the selection of quired to guarantee such rights; their Attorney-General, who shall be appointed by the III – to institute civil investigation and public civil suit Head of the Executive Power for a term of office of two to protect public and social property, the environment years, one reappointment being allowed. and other diffuse and collective interests; Paragraph 4. The Attorneys-General in the States, in IV – to institute action of unconstitutionality or repre- the Federal District and the Territories may be removed sentation for purposes of intervention by the Union or by from office by deliberation of the absolute majority of the States, in the cases established in this Constitution; the Legislative Power, under the terms of the respective V – to defend judicially the rights and interests of the supplementary law. Indian populations; Paragraph 5. Supplementary laws of the Union and of VI – to issue notifications in administrative procedures the States, which may be proposed by the respective within its competence, requesting information and Attorneys-General, shall establish the organization, documents to support them, under the terms of the the duties and the statute of each Public Prosecution, respective supplementary law; observing, as regards their members: VII – to exercise external control over police activities, I – the following guarantees: under the terms of the supplementary law mentioned a) life tenure, after two years in office, with loss of in the previous article; office only by a final and unappealable judicial VIII – to request investigatory procedures and the decision; institution of police investigation, indicating the legal b) irremovability, save for reason of public interest, grounds of its procedural acts; through decision of the competent collegiate IX – to exercise other functions which may be confer- body of the Public Prosecution, by the vote of the red upon it, provided that they are compatible with

56 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition its purpose, with judicial representation and judicial Paragraph 1. The members of the Council who are consultation for public entities being forbidden. members of the Public Prosecution shall be nominated Paragraph 1. Legitimation by the Public Prosecution for by their respective bodies, under the terms of the law. the civil actions set forth in this article shall not preclu- Paragraph 2. It is incumbent upon the National Council de those of third parties in the same cases, according of the Public Prosecution to control the administrative to the provisions of this Constitution and of the law. and financial operation of the Public Prosecution and Paragraph 2. The functions of Public Prosecution may the proper discharge of official duties by its members, only be exercised by career members, who must reside and it shall: in the judicial district of their respective assignment, I – ensure that the Public Prosecution is autonomous save when otherwise authorized by the head of the in its operation and administration, and it may issue institution. regulatory acts within its jurisdiction, or recommend Paragraph 3. Admission into the career of Public Prosecu- measures; tion shall take place by means of a civil service entrance II – ensure that article 37 is complied with, and examine, examination of tests and presentation of academic and ex officio or upon request, the legality of administrative professional credentials, ensuring participation by the acts carried out by members or bodies of the Public Brazilian Bar Association in such examination, at least Prosecution of the Union and of the States, and it may three years of legal practice being required of holders revoke or review them, or stipulate a deadline for the of a B.A. in law, and observing, for appointment, the adoption of the necessary measures to achieve due order of classification. execution of the law, without prejudice to the powers Paragraph 4. The provisions of article 93 shall apply to of Audit Courts; the Public Prosecution, where appropriate. III – receive and examine complaints against members Paragraph 5. In the Public Prosecution, proceedings or bodies of the Public Prosecution of the Union or of will be assigned immediately upon filing. the States, including against their ancillary services, without prejudice to such institutions’ disciplinary Article 130. The provisions of this section concerning competence and their power to correct administrative rights, prohibitions and form of investitute apply to acts, and it may order that pending disciplinary pro- the members of the Public Prosecution before the ceedings be forwarded to the National Council of the Audit Courts. Public Prosecution, determine the removal, placement Article 130-A. The National Council of the Public Prose- on paid availability, or retirement with compensation cution is composed of fourteen members appointed by or pension in proportion to the length of service, and the President of the Republic, after their nomination has enforce other administrative sanctions, full defense been approved by the absolute majority of the Federal being ensured; Senate, for a two-year term of office, one reappointment IV – review, ex officio or upon request, disciplinary being permitted, as follows: (CA No. 45, 2004) proceedings against members of the Public Prosecu- I – the Attorney-General of the Republic, who chairs tion of the Union or of the States tried in the preceding the Council; twelve months; II – four members of the Public Prosecution of the Union, V – prepare a yearly report, including the measures representing each one of its careers; it deems necessary, on the State of the Public Prose- III – three members of the Public Prosecution of the cution in the Country and on the Council’s activities, States; which report must be an integral part of the message IV – two judges, one of whom nominated by the Federal referred to in article 84, item XI. Supreme Court and the other one by the Superior Court Paragraph 3. The Council shall, by means of secret of Justice; voting, choose a national Corregidor, from among the V – two lawyers, nominated by the Federal Board of the members of the Public Prosecution who compose the Brazilian Bar Association; Council, reappointment being forbidden, and the fol- VI – two citizens of notable juridical learning and spotless lowing duties shall be incumbent upon him, in addition reputation, one of whom nominated by the Chamber to those that may be conferred upon him by law: of Deputies and the other one by the Federal Senate. I – to receive complaints and accusations from any interested party regarding members of the Public Prosecution and its ancillary services;

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II – to exercise executive functions of the Council con- carried out by the relevant agencies, following a detailed cerning inspection and general correction; report issued by the corregidors. III – to requisition and appoint members of the Public Section III – The Legal Profession (CA No. 80, 2014) Prosecution, delegating specific duties to such members, and to requisition employees of Public Prosecution Article 133. The lawyer is indispensable to the admi- bodies. nistration of justice and is inviolable for his acts or Paragraph 4. The Chairman of the Federal Board of the manifestations in the exercise of his profession, within Brazilian Bar Association shall be competent to petition the limits of the law. before the Council. Section IV – The Public Legal Defense (CA No. 80, 2014) Paragraph 5. Federal and State legislation shall establish ombudsman’s offices for the Public Prosecution, with Article 134. The Public Legal Defense is a permanent powers to receive complaints and accusations from any institution, essential to the jurisdictional function of interested party against members or bodies of the Public the State, and is responsible primarily, as an expression Prosecution, including against their ancillary services, and an instrument of the democratic regime, for the thus presenting formal charges directly to the National judicial guidance, the promotion of human rights, and Council of the Public Prosecution. the full and free-of-charge defense, in all levels, both judicially and extrajudicially, of individual and collective Section II – The Public Advocacy (CA No. 19, 1998) rights of the needy, under the terms of item LXXIV of Article 131. The Advocacy-General of the Union is the article 5, of the Federal Constitution. (CA No. 45, 2004; institution which, either directly or through a subordi- CA No. 74, 2013; CA No. 80, 2014) nated agency, represents the Union judicially or extra- Paragraph 1. A supplementary law shall organize the judicially, and it is responsible, under the terms of the Public Legal Defense of the Union, of the Federal District supplementary law which provides for its organization and the Territories and shall prescribe general rules for and operation, for the activities of judicial consultation its organization in the States, into career offices filled, and assistance to the Executive Power. in the initial class, by means of a civil service entrance Paragraph 1. The Advocacy-General of the Union is examination of tests and presentation of academic headed by the Advocate-General of the Union, freely and professional credentials, with the guarantee of appointed by the President of the Republic from among irremovability being ensured to its members and the citizens over thirty-five years of age, of notable juridical practice of the legal profession beyond the institutional learning and spotless reputation. attributions being forbidden. Paragraph 2. Admission into the initial classes of the Paragraph 2. The Public Legal Defense of each State shall careers of the institution dealt with in this article shall be ensured of functional and administrative autonomy, take place by means of a civil service entrance exa- as well as the prerogative to present its budget propo- mination of tests and presentation of academic and sal within the limits set forth in the law of budgetary professional credentials. directives and in due compliance with the provisions Paragraph 3. In the execution of receivable taxes of a of article 99, paragraph 2. tributary nature, the Union shall be represented by the Paragraph 3. The provisions of paragraph 2 shall apply office of the Attorney-General of the Public Finances, to the Public Legal Defense of the Union and to that of observing the provisions of the law. the Federal District. Paragraph 4. Unity, indivisibility, and functional inde- Article 132. The Prosecutors of the States and of the pendence are institutional principles of the Public Legal Federal District, organized in a career, admission into Defense, and the provisions of article 93 and of item which shall depend on a civil service entrance exa- II of article 96 of this Federal Constitution shall also mination of tests and presentation of academic and apply, insofar as pertinent. professional credentials, with the participation of the Brazilian Bar Association in all of its stages, shall exer- Article 135. Servants in the careers regulated in Sections cise judicial representation and judicial consultation II and III of this Chapter shall be remunerated according for their respective federated units. (CA No. 19, 1998) to article 39, paragraph 4. (CA No. 19, 1998) Sole paragraph. The Prosecutors referred to in this article are entitled to acquire tenure after three years of effective exercise, by means of a performance appraisal

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TITLE V – THE DEFENSE OF THE STATE AND Paragraph 5. If the National Congress is in recess, it OF THE DEMOCRATIC INSTITUTIONS shall be called extraordinarily within five days. Paragraph 6. The National Congress shall examine CHAPTER I – THE STATE OF DEFENSE the decree within ten days as from receipt thereof, AND THE STATE OF SIEGE and shall remain in operation as long as the State of Section I – The State of Defense defense is in force. Paragraph 7. If the decree is rejected, the State of de- Article 136. The President of the Republic may, after fense shall cease immediately. hearing the Council of the Republic and the National Defense Council, decree a state of defense to preserve Section II – The State of Siege or to promptly re-establish, in specific and restricted Article 137. The President of the Republic may, after locations, the public order or the social peace threa- hearing the Council of the Republic and the National tened by serious and imminent institutional instability Defense Council, request authorization from the National or affected by major natural calamities. Congress to decree the State of siege in the event of: Paragraph 1. The decree instituting the State of defense I – serious disturbance with nationwide effects or oc- shall determine the period of its duration, shall specify currence of facts that evidence the ineffectiveness of the areas to be encompassed and shall indicate, within a measure taken during the State of defense; the terms and limitations of the law, the coercive mea- II – declaration of state of war or response to foreign sures to be in force from among the following: armed aggression. I – restrictions to the rights of: Sole paragraph. The President of the Republic shall, on a) assembly, even if held within associations; requesting authorization to decree the State of siege b) secrecy of correspondence; or to extend it, submit the reasons that determine c) secrecy of telegraph and telephone communication; such request, and the National Congress shall decide II – in the event of a public calamity, occupation and by absolute majority. temporary use of public property and services, the Union being liable for the resulting damages and costs. Article 138. The decree of the State of siege shall spe- Paragraph 2. The State of defense shall not exceed cify the period of its duration, the rules required to thirty days and it may be extended once for an identical implement it and the constitutional guarantees that period if the reasons that justified its decreeing persist. are to be suspended and, after it is published, the Paragraph 3. During the period in which the State of President of the Republic shall designate the executor defense is in force: of the specific measures and the areas encompassed. I – arrest for a crime against the State, determined by Paragraph 1. In the event of article 137, item I, the State the party executing the measure, shall be immediately of siege may not be decreed for more than thirty days communicated by such party to the competent judge, nor may each extension exceed such period; in the event who shall remit it if it is illegal, it being the arrested of item II, it may be decreed for the entire period of the person’s choice to request examination of corpus delicti war or foreign armed aggression. from the police authority; Paragraph 2. If authorization to decree the State of siege II – the communication shall be accompanied by a sta- is requested during parliamentary recess, the Presi- tement by the authority as to the physical and mental dent of the Federal Senate shall immediately summon state of the arrested person at the time of the filing an extraordinary session of the National Congress to of the charges; convene within five days in order to examine the act. III – the imprisonment or detention of any person shall Paragraph 3. The National Congress shall remain in not exceed ten days, unless authorized by the Judicial session until the end of the coercive measures. Power; Article 139. During the period in which the State of IV – incommunicability of the arrested person is forbidden. siege decreed under article 137, item I, is in force, only Paragraph 4. Upon decreeing a state of defense or the following measures may be taken against persons: extension thereof, the President of the Republic shall, I – obligation to remain at a specific place; within twenty-four hours, submit the act with the res- II – detention in a building not intended for persons pective justification to the National Congress, which accused of or convicted for common crimes; shall decide by absolute majority.

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III – restrictions regarding the inviolability of correspon- I – the ranks, with the prerogatives, rights and duties dence, the secrecy of communications, the rendering inherent to them, are awarded by the President of the of information and the freedom of press, radio broad- Republic and are guaranteed in full to officers in active casting and television, as established by law; service, those of the reserve or in retirement, and such IV – suspension of freedom of assembly; officers have exclusive rights to military titles and posts, V – home search and seizure; and, together with the other members, to the use of VI – intervention in public utility companies; the uniforms of the Armed Forces; VII – requisitioning of property. II – a military in active service who takes office in a Sole paragraph. The broadcasting of speeches made permanent civil public position or job, except in the case by Congressmen in their Legislative Houses is not provided for in article 37, item XVI, subitem c, shall be included in the restrictions of item III, if authorized by transferred to the reserve, under the terms of the law; the respective Directing Board. III – a military in active service who, under the terms of the law, takes office in a non-elective, temporary civil Section III – General Provisions public position, job or function, even if in the indirect Article 140. The Directing Board of the National Con- administration, except in the case provided for in ar- gress shall, after hearing the party leaders, designate a ticle 37, item XVI, subitem c, shall be put on leave and, Committee comprised of five of its members to monitor as long as he remains in this situation he may only be and supervise the implementation of the measures promoted by seniority and his period of service shall concerning the State of defense and the State of siege. be counted only for that promotion and for transfer to the reserve, and after two years, whether continuous Article 141. Once the State of defense or the State or not, away from active service, he shall be transferred of siege ceases, its effects shall also cease, without to the reserve, under the terms of the law; prejudice to liability for illicit acts performed by the IV – the military are forbidden to join unions and to strike; executors or agents thereof. V – while in active service, the military are forbidden Sole paragraph. As soon as the State of defense or the to belong to political parties; State of siege ceases, the measures applied during VI – an officer shall only lose his post and rank if he is the period while it is in force shall be reported by the judged unworthy of or incompatible with the dignity of President of the Republic in a message to the National officership by decision of a permanent military court, Congress, with specification and justification of the in times of peace, or of a special court, in times of war; actions taken, with the listing of the names of those VII – an officer sentenced in a common or military court affected and indication of the restrictions applied. by means of an unappealable judgement to imprison- CHAPTER II – THE ARMED FORCES ment for more than two years shall be submitted to trial as provided in the preceding item; Article 142. The Armed Forces, comprised of the Navy, VIII – the provisions of article 7, items VIII, XII, XVII, XVIII, the Army and the Air Force, are permanent and regular XIX, and XXV, and of article 37, items XI, XIII, XIV, and XV, national institutions, organized on the basis of hierarchy as well as, under the terms of the law and priority being and discipline, under the supreme authority of the Pre- given to the military activity, the provisions of article sident of the Republic, and are intended for the defense 37, item XVI, subitem c, apply to the military; of the Country, for the guarantee of the constitutional IX – (revoked); powers, and, on the initiative of any of these, of law X – the law shall provide for admission to the Armed and order. (CA No. 18, 1998; CA No. 20, 1998; CA No. 41, Forces, age limits, tenure, and other conditions for a 2003; CA No. 77, 2014) military to be retired, the rights, duties, remuneration, Paragraph 1. A supplementary law shall establish the prerogatives and other circumstances which are specific general rules to be adopted in the organization, training to the military, the special characteristics of their acti- and use of the Armed Forces. vities being taken into account, including those carried Paragraph 2. Habeas corpus shall not apply to military out by virtue of international agreements and of war. disciplinary punishments. Paragraph 3. The members of the Armed Forces are Article 143. Military service is compulsory as set forth called military, and the following provisions apply to by law. them, in addition to other provisions that the law may Paragraph 1. It is within the competence of the Armed establish: Forces, according to the law, to assign an alternative

60 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition service to those who, in times of peace, after being of criminal police and to investigate criminal offenses, enlisted, claim imperative of conscience, which shall with the exception of the military ones. be understood as originating in religious creed and Paragraph 5. It is within the competence of the military philosophical or political belief, for exemption from polices the ostensive policing and the maintenance of essentially military activities. the public order; it is incumbent upon the military fire Paragraph 2. Women and clergymen are exempt from brigades, in addition to the duties defined by law, to compulsory military service in times of peace, but are carry out activities of civil defense. subject to other duties assigned to them by law. Paragraph 6. The military polices and military fire brigades, ancillary forces and reserve of the Army, are CHAPTER III – PUBLIC SECURITY subject, together with the civil police, to the Governors of Article 144. Public security, the duty of the State and the the States, of the Federal District and of the Territories. right and responsibility of all, is exercised to preserve Paragraph 7. The law shall regulate the organization public order and the safety of persons and property, and operation of the agencies responsible for public by means of the following agencies: (CA No. 19, 1998; security in such a manner as to guarantee the efficiency CA No. 82, 2014) of their activities. I – federal police; Paragraph 8. The Municipalities may organize Municipal II – federal highway police; Guards to protect their property, services and facilities, III – federal railway police; as the law shall establish. IV – civil polices; Paragraph 9. The remuneration of the policemen who V – military polices and military fire brigades. are members of the agencies mentioned in this article Paragraph 1. The federal police, instituted by law as shall be stipulated according to paragraph 4 of article 39. a permanent body, organized and maintained by the Paragraph 10. Road safety, carried out with a view to Union and structured into a career, are intended to: preserving public order and the safety of people and I – investigate criminal offenses against the political of their property on public roads: and the social order or to the detriment of property, I – comprises traffic education, engineering, and su- services and interests of the Union and of its autono- pervision, as well as other activities set forth in law, mous government entities and public companies, as aimed at affording citizens the right to efficient urban well as other offenses with interstate or international mobility; and effects and requiring uniform repression as the law II – is incumbent, within the States, the Federal District, shall establish; and the Municipalities, on the respective executive II – to prevent and repress the illegal traffic of narcotics bodies or entities and their traffic officers, organized and like drugs, as well as smuggling, without prejudice in a career, under the terms of the law. to action by the treasury authorities and other govern- TITLE VI – TAXATION AND BUDGET ment agencies in their respective areas of competence; III – exercise the functions of maritime, airport and CHAPTER I – THE NATIONAL TAX SYSTEM border police; Section I – General Principles IV – to exercise, exclusively, the functions of criminal police of the Union. Article 145. The Union, the States, the Federal District and Paragraph 2. The federal highway police are a permanent the Municipalities may institute the following tributes: body organized and maintained by the Union, structu- I – taxes; red into a career, and intended, according to the law, II – fees, by virtue of the exercise of police power or for to patrol ostensibly the federal highways. the effective or potential use of specific and divisible Paragraph 3. The federal railway police are a permanent public services, rendered to the taxpayer or made body organized and maintained by the Union, structu- available to him; red into a career, and intended, according to the law, III – benefit charges, resulting from public works. to patrol ostensibly the federal railways. Paragraph 1. Whenever possible, taxes shall have an Paragraph 4. It is incumbent upon the civil police, di- individual character and shall be graded according to rected by career police commissioners and except for the economic capacity of the taxpayer, and the tax admi- the competence of the Union, to exercise the functions nistration may, especially to confer effectiveness upon such objectives, with due respect to individual rights

61 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition and under the terms of the law, identify the property, Article 147. In a federal Territory, state taxes are within the incomes and the economic activities of the taxpayer. the competence of the Union and, if the Territory is not Paragraph 2. Fees may not have the assessment basis divided into Municipalities, also Municipal taxes; Municipal reserved for taxes. taxes are within the competence of the Federal District.

Article 146. A supplementary law shall: (CA No. 42, 2003) Article 148. The Union may, by means of a supplementary I – provide for conflicts of competence concerning tax law, institute compulsory loans: matters between the Union, the States, the Federal I – to meet extraordinary expenses resulting from public District and the Municipalities; calamity, foreign war or the imminence thereof; II – regulate the constitutional limitations on the power II – in the case of public investment of an urgent nature to tax; and relevant national interest, observing the provisions III – establish general rules concerning tax legislation, of article 150, item III, subitem b. especially with regard to: Sole paragraph. The use of funds deriving from a com- a) the definition of tributes and their types, as well pulsory loan shall be linked to the expense that justified as, regarding the taxes specified in this Consti- the institution thereof. tution, the definition of the respective taxable Article 149. The Union shall have the exclusive com- events, assessment bases and taxpayers; petence to institute social contributions regarding b) tax liability, assessment, credit, limitation and intervention in the economic order and the interest of laches; categories of employees or employers, as an instrument c) adequate tax treatment for the cooperative acts of its activity in the respective areas, observing the of cooperative associations; provisions of articles 146, item III, and 150, items I and d) the definition of a differentiated and favorable III, and without prejudice to the provisions of article 195, tax treatment to be given to micro and small paragraph 6, as regards the contributions mentioned businesses, including special or simplified tax in the latter article. (CA No. 33, 2001; CA No. 41, 2003; regimes in the case of the tax set forth in article CA No. 42, 2003) 155, item II, the contributions set forth in article Paragraph 1. The States, the Federal District, and the 195, item I, and paragraphs 12 and 13, and the Municipalities shall institute a contribution payable contribution referred to in article 239. by their employees to fund the social security scheme Sole paragraph. The supplementary law referred to in referred to in article 40, for the benefit of such emplo- item III, subitem d, may also establish a single regime yees, and the respective rate may not be lower than for the collection of taxes and contributions owed to the rate of the contribution paid by employees holding the Union, the States, the Federal District, and the Mu- effective posts in the Union. nicipalities, with due regard for the following: Paragraph 2. The social contribution taxes mentioned I – it shall be optional for the taxpayer; in the head paragraph of this article, as well as the II – different eligibility requirements may be established contribution taxes regarding intervention in the eco- for each State; nomic domain: III – payment of said tributes shall be unified and I – shall not be levied on export earnings; centralized, and the distribution of the share of funds II – shall be also levied on the importation of foreign belonging to the respective units of the Federation products or services; shall be immediate, any withholding or establishment III – may have the following rates: of conditions being forbidden; a) ad valorem rates, having as basis the proceeds, IV – collection, control, and claiming of payment may be gross revenues, or the value of the transaction, shared by the units of the Federation, a single national and, in the case of importation, the customs roster of taxpayers being adopted. value; Article 146-A. A supplementary law may establish b) specific rates, having as basis the unit of mea- special criteria for taxation, with a view to preventing surement adopted. imbalances in competition, without prejudice to the Paragraph 3. A natural person who is the recipient in power of the Federal Government to establish, by law, an import transaction may be held as equivalent to a rules for the same purpose. (CA No. 42, 2003) corporate body, under the terms of the law.

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Paragraph 4. The law shall establish the cases in which or literary-musical works by Brazilian authors contributions will be levied only once. and/or works in general interpreted by Brazilian artists, as well as the physical media or digital Article 149-A. The Municipalities and the Federal District files containing such works, except in the stage may establish a contribution, under the terms of their of industrial replication of laser-readable optical respective laws, to finance the public lighting service, media. with due regard for the provisions of article 150, item Paragraph 1. The prohibition set forth in item III, subitem I and III. (CA No. 39, 2002) b, shall not apply to the taxes provided upon in articles Sole paragraph. The contribution mentioned in the 148, item I, 153, items I, item II, IV, and V; and 154, item head paragraph of this article may be charged to the II; and the prohibition set forth in item III, subitem c, consumer’s electricity bill. shall not apply to the taxes provided upon in articles Section II – Limitations on the Power to Tax 148, item I, 153, items I, II, III, and V; and 154, item II, nor to the stipulation of the assessment basis of the taxes Article 150. Without prejudice to any other guarantees provided upon in articles 155, item III, and 156, item I. ensured to the taxpayers, the Union, the States, the Paragraph 2. The prohibition set forth in item VI, subitem Federal District and the Municipalities are forbidden a, extends to the autonomous government agencies to: (CA No. 3, 1993; CA No. 42, 2003; CA No. 75, 2013) and to the foundations instituted and maintained by I – impose or increase a tribute without a law to es- the Government, as regards the property, income and tablish it; services related to their essential purposes or resulting II – institute unequal treatment for taxpayers who are in therefrom. an equivalent situation, it being forbidden to establish Paragraph 3. The prohibitions set forth in item VI, su- any distinction by reason of professional occupation bitem a, and in the preceding paragraph do not apply or function performed by them, independently of the to the property, income and services related to the juridical designation of their incomes, titles or rights; exploitation of economic activities governed by the III – collect tributes: regulations which apply to private undertakings, or in a) for taxable events that occurred before the law which users pay consideration or prices or tariffs, nor which instituted or increased such tributes came exempt a promisor purchaser of real property from the into force; obligation to pay tax thereon. b) in the same fiscal year in which the law which ins- Paragraph 4. The prohibitions set forth in item VI, su- tituted or increased such tributes was published; bitems b and c, encompass only the property, income c) within the period of ninety days as from the and services related to the essential purposes of the date of publication of the law which instituted entities mentioned therein. or raised such tributes, with due regard for the Paragraph 5. The law shall determine measures for provision of subitem b; consumers to be informed about taxes levied on goods IV – use a tribute for the purpose of confiscation; and services. V – establish limitations on the circulation of persons Paragraph 6. Any subsidy or exemption, reduction of as- or goods, by means of interstate or interMunicipal tri- sessment basis, concession of presumed credit, amnesty butes, except for the collection of toll fees for the use or remission, related to taxes, fees or contributions, of highways maintained by the Government; may only be granted by means of a specific federal, VI – institute taxes on: State or Municipal law, which provides exclusively for a) the property, income or services of one another; the above-enumerated matters or the corresponding b) temples of any denomination; tax, fee or contribution, without prejudice to the pro- c) the property, income or services of political par- visions of article 155, paragraph 2, item XII, subitem g. ties, including their foundations, of worker unions, Paragraph 7. The law may impose upon the taxpayer the of non-profit education and social assistance burden of the payment of a tax or contribution, whose institutions, observing the requirements of the taxable event will occur later, the immediate and pre- law; ferential restitution of the amount paid being ensured, d) books, newspapers, periodicals and the paper in case the presumed taxable event does not occur. intended for the printing thereof; e) musical phonograms and videophonograms Article 151. It is forbidden for the Union: produced in Brazil containing musical works

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I – to institute a tribute which is not uniform throughout IV – shall have its impact reduced, as set forth by law, the entire national territory or which implies a distinction in the case of purchase of capital goods by a taxpayer or preference regarding a State, the Federal District or a who is liable to pay such tax. Municipality to the detriment of another, it being allowed Paragraph 4. The tax established in item VI of the head to grant tax incentives for the purpose of promoting paragraph: the balanced social and economic development of the I – shall be progressive and its rates shall be determi- various regions of the country; ned in such a manner as to discourage the retention II – to tax income from public debt bonds of the States, of unproductive real property; of the Federal District and of the Municipalities, as well II – shall not be levied on small tracts of land, as defi- as the remuneration and earnings of the respective ned in law, when a proprietor who owns no other real public agents, at levels above those established for its property exploits them; own bonds and agents; III – shall be controlled and collected by the Municipa- III – to institute exemptions from tributes within the lities which opt to do so, under the terms of the law, powers of the States, of the Federal District or of the provided that they do not reduce this tax or introduce Municipalities. any other type of fiscal waiver. Paragraph 5. Gold, when defined in law as a financial Article 152. The States, the Federal District and the Mu- asset or an exchange instrument, is subject exclusively nicipalities are forbidden to establish a tax difference to the tax established in item V of the head paragraph between goods and services of any nature, by reason of the present article, due on the original transaction; of their origin or destination. the minimum rate shall be one per cent, and the trans- Section III – Federal Taxes ference of the amount collected is ensured under the following terms: Article 153. The Union shall have the power to institute I – thirty per cent to the State, the Federal District or taxes on: (CA No. 20, 1998; CA No. 42, 2003) the Territory, depending on the origin; I – importation of foreign products; II – seventy per cent to the Municipality of origin. II – exportation to other countries of national or na- tionalized products; Article 154. The Union may institute: III – income and earnings of any nature; I – by means of a supplementary law, taxes not insti- IV – industrialized products; tuted in the preceding article, provided that they are V – credit, foreign exchange and insurance transactions, non-cumulative and not founded on a taxable event or or transactions relating to bonds or securities; an assessment basis reserved for the taxes specified VI – rural property; in this Constitution; VII – large fortunes, under the terms of a supplemen- II – in the imminence or in the event of foreign war, tary law. extraordinary taxes, encompassed or not by its power Paragraph 1. The Executive Power may, observing the to tax, which shall be gradually suppressed when the conditions and the limits established in law, alter the causes for their institution have ceased. rates of the taxes enumerated in items I, II, IV and V. Section IV – State and Federal District Taxes Paragraph 2. The tax established in item III: I – shall be based on the criteria of generality, univer- Article 155. The States and the Federal District shall sality and progressiveness, under the terms of the law; have the competence to institute taxes on: (CA No. 3, II – (revoked). 1993; CA No. 33, 2001; CA No. 42, 2003; CA No. 87, 2015) Paragraph 3. The tax established in item IV: I – transfer by death and donation of any property or I – shall be selective, based on the essentiality of the rights; product; II – transactions relating to the circulation of goods and II – shall be non-cumulative, and the tax due in each to the rendering of interstate and interMunicipal trans- transaction shall be compensated by the amount char- portation services and services of communication, even ged in previous transactions; when such transactions and renderings begin abroad; III – shall not be levied on industrialized products in- III – ownership of automotive vehicles. tended for export; Paragraph 1. The tax established in item I:

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I – regarding real property and the respective rights, is of services may not be lower than those established within the competence of the State where the property for interstate transactions; is located, or of the Federal District; VII – the interstate rate applies to the transactions and II – regarding bonds, titles and credits, is within the rendering of goods and services to end-users located competence of the Federal District or of the State where in another State, whether it is incumbent upon them the probate or enrollment is processed, or where the to pay that tax or not. The State where the recipient donor is domiciled; is located will collect the tax corresponding to the III – a supplementary law shall regulate the competence difference between the internal rate charged in the for the institution of such tax: recipient State and the interstate rate; a) if the donor is domiciled or residing abroad; a) (revoked); b) if the deceased owned property, was resident or b) (revoked); domiciled or had his probate processed abroad; VIII – the responsibility for the collection of the tax IV – the Federal Senate shall establish the maximum corresponding to the difference between the internal rates for such tax. rate and the interstate rate referred to in item VII will Paragraph 2. The tax established in item II shall observe be assigned to: the following: a) the recipient, when it is incumbent upon the I – it shall be non-cumulative, and the tax due in each recipient to pay that tax; transaction concerning the circulation of goods or ren- b) the remitter, when it is not incumbent upon the dering of services shall be compensated by the amount recipient to pay that tax; charged in the previous transactions by the same or by IX – it shall also be levied: another State or by the Federal District; a) on the entry of goods or products imported from II – exemption or non-levy, except as otherwise deter- abroad by an individual or corporate body, even mined in the law: in the case of a taxpayer who does not pay such a) shall not imply credit for compensation relative to tax on a regular basis, regardless of its purpose, the amount due in the subsequent transactions as well as on services rendered abroad, and the or renderings of services; tax shall be attributed to the State where the b) shall cause the annulment of the credit for the domicile or the establishment of the recipient previous transactions; of the product, good, or service is located; III – it may be selective, based on the essentiality of b) on the total value of the transaction, when goods the goods or services; are supplied with services not included in the IV – a resolution of the Federal Senate, on the initiative power to tax of the Municipalities; of the President of the Republic or of one-third of the X – it shall not be levied: Senators, approved by the absolute majority of its mem- a) on transactions involving goods to be shipped bers, shall establish the rates that apply to interstate abroad, nor on services to be delivered to parties and export transactions and rendering of services; abroad, and tax charges and credits in preceding V – the Federal Senate may: transactions involving such goods or services a) establish minimum rates for domestic transac- shall continue in effect; tions, by means of a resolution on the initiative of b) on transactions transferring petroleum, including one-third and approved by the absolute majority lubricants, liquid and gaseous fuels derived of its members; therefrom, and electric energy to other States; b) establish maximum rates for the same transac- c) on gold, in the cases defined in article 153, pa- tions to settle a specific conflict involving the ragraph 5; interest of the States, by means of a resolution d) on communications services in the modes of sound on the initiative of the absolute majority and broadcasting and sound and image broadcasting approved by two-thirds of its members; which are available for reception by the public VI – unless otherwise determined by the States and the free of charge; Federal District, under the terms of the provisions of XI – its assessment basis shall not include the amount item XII, subitem g, the domestic rates for transactions of the tax on industrialized products when the transac- concerning the circulation of goods and the rendering tion carried out between taxpayers and concerning a

65 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition product intended for industrialization or sale represents IV – the tax rates shall be defined by joint decision a taxable event for both taxes; of States and the Federal District, under the terms of XII – A supplementary law shall: paragraph 2, item XII, subitem g, with due regard for a) define its taxpayers; the following: b) provide for tax substitution; a) they shall be uniform throughout the national c) regulate the system of tax compensation; territory, and they may be different for each d) establish, for purposes of collection of the tax product; and definition of the responsible establishment, b) they may be specific, according to the unit of the location of the transactions concerning the measurement adopted, or ad valorem, levied on circulation of goods and the rendering of services; the value of the transaction or on the price the e) exclude from levy of the tax, in exports to other product or a similar product would be sold for countries, services and other products other than in free competition circumstances; those mentioned in item X, subitem a; c) they may be lowered and restored to their original f) provide for the event of maintenance of a credit levels, and the provision of article 150, item III, for services and goods remitted to another State subitem b, shall not apply thereto. and exported to other countries; Paragraph 5. The rules for the enforcement of the pro- g) regulate the manner in which, through delibera- visions of paragraph 4, including those concerning the tion by the States and the Federal District, tax collection and assignment of the tax, shall be establi- exemptions, incentives and benefits shall be shed by joint decision of States and the Federal District, granted and revoked; under the terms of paragraph 2, item XII, subitem g. h) define the fuels and lubricants on which this Paragraph 6. The tax established in item III: tax shall be levied only once, regardless of its I – shall have its minimum rates stipulated by the purpose, in which case the provision of item X, Federal Senate; subitem b, shall not apply; II – may have different rates according to type and i) stipulate the assessment basis so as to include utilization. the amount of the tax, also in the event of im- Section V – Municipal Taxes portation of goods, products, or services from abroad. Article 156. The Municipalities shall have the compe- Paragraph 3. With the exception of the taxes mentio- tence to institute taxes on: (CA No. 3, 1993; CA No. 29, ned in item II of the head paragraph of the present 2000; CA No. 37, 2002) article, and article 153, items I and II, no other tax may I – urban buildings and urban land property; be levied on transactions concerning electric energy, II – inter vivos transfer, on any account, by onerous acts, telecommunications services, petroleum products, of real property, by nature or physical accession, and of fuels, and minerals of the country. real rights to property, except for real security, as well Paragraph 4. In the event of item XII, subitem h, the as the assignment of rights to the purchase thereof; following shall apply: III – services of any nature not included in article 155, I – in transactions involving lubricants and petroleum- item II, as defined in a supplementary law; -derived fuels, the tax shall be attributed to the State IV – (revoked). where consumption takes place; Paragraph 1. Without prejudice to the progressiveness II – in interstate transactions among taxpayers involving in time mentioned in article 182, paragraph 4, item II, natural gas and its by-products, and lubricants and the tax referred to in item I may: fuels not included in item I of this paragraph, the tax I – be progressive according to the value of the pro- shall be shared by the State of origin and the State of perty; and destination, and the proportion existing in transactions II – have different rates according to the location and involving other goods shall be observed; utilization of the property. III – in interstate transactions involving natural gas and Paragraph 2. The tax set forth in item II: its by-products, and lubricants and fuels not included I – shall not be levied on the transfer of goods or rights in item I of this paragraph, when it is not incumbent incorporated into the assets of a corporate body to pay upon the recipient to pay the tax, such tax shall be up its capital, nor on the transfer of goods or rights attributed to the State of origin; resulting from the merger, incorporation, division or

66 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition dissolution of corporate bodies, unless, in such cases, Sole paragraph. The revenue portions assigned to the the predominant activity of the purchaser is the pur- Municipalities, as mentioned in item IV, shall be credited chase and sale of such goods or rights, the lease of real in accordance with the following criteria: property or leasing; I – at least three-fourths, in proportion to the value II – is within the competence of the Municipality where added in the transactions regarding the circulation of the property is located. goods and the rendering of services carried out in the Paragraph 3. As regards the tax established in item III territory of the Municipalities; of the head paragraph of this article, a supplementary II – up to one-quarter, in accordance with the provi- law shall: sions of a state law or, in the case of the Territories, I – establish its maximum and minimum rates; of a federal law. II – exclude exportations of services to other countries Article 159. The Union shall remit: (CA No. 42, 2003; CA from levy of the said tax; No. 44, 2004; CA No. 55, 2007; CA No. 84, 2014) III – regulate the manner and conditions for the gran- I – of the proceeds from the collection of taxes on in- ting and revocation of fiscal exemptions, incentives, come and earnings of any nature and on industrialized and benefits. products, forty-nine per cent (49%) as follows: Paragraph 4. (Revoked). a) twenty-one and a half of one per cent to the Section VI – Tax Revenue Sharing Revenue Sharing Fund of the States and of the Federal District; Article 157. The following shall be assigned to the States b) twenty-two and a half of one per cent to the and to the Federal District: Revenue Sharing Fund of the Municipalities; I – the proceeds from the collection of the federal tax c) three per cent, for application in programs to on income and earnings of any nature, levied at source finance the productive sector of the North, Nor- on income paid on any account by them, by their auto- theast and Centre-West Regions, through their nomous government entities and by the foundations regional financial institutions, in accordance they institute and maintain; with regional development plans, the semi-arid II – twenty per cent of the proceeds from the collection area of the Northeast being ensured of half of of the tax that the Union may institute in the exercise the funds intended for that Region, as provided of the powers conferred on it by article 154, item I. by law; Article 158. The following shall be assigned to the Mu- d) one per cent to the Revenue Sharing Fund of the nicipalities: (CA No. 42, 2003) Municipalities, to be remitted within the first ten I – the proceeds from the collection of the federal tax days of the month of December of each year; on income and earnings of any nature, levied at source e) one per cent (1%) to the Revenue Sharing Fund on income paid on any account by them, by their auto- of the Municipalities, to be remitted within the nomous government entities and by the foundations first ten days of the month of July of each year. they institute and maintain; II – of the proceeds from the collection of the tax on II – fifty per cent of the proceeds from the collection industrialized products, ten per cent to the States and of the federal tax on rural property, concerning real to the Federal District, in proportion to the value of property located in the Municipalities, or one hundred the respective exportations of industrialized products; per cent of such proceeds in the case of the option III – of the proceeds from the collection of the contri- referred to in article 153, paragraph 4, item III; bution for intervention in the economic domain set III – fifty per cent of the proceeds from the collection of forth in article 177, paragraph 4, twenty-nine per cent the State tax on the ownership of automotive vehicles to the States and to the Federal District, distributed in licensed in the Municipalities; accordance with the law, with due regard for the alloca- IV – twenty-five per cent of the proceeds from the col- tion referred to in item II, subitem c, of said paragraph. lection of the State tax on transactions regarding the Paragraph 1. For purposes of calculating the amount to circulation of goods and on rendering of interstate and be remitted in accordance with the provisions in item I, intermunicipal transportation services and services of the portion of the collected tax on income and earnings communication. of any nature assigned to the States, to the Federal District and to the Municipalities shall be excluded, as provided by articles 157, item I, and 158, item I.

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Paragraph 2. No federated unit may be allocated a por- CHAPTER II – PUBLIC FINANCES tion in excess of twenty per cent of the amount referred Section I – General Rules to in item II, and any excess shall be distributed among the other participants, maintaining, for the latter, the Article 163. A supplementary law shall make provisions apportionment criterion established therein. for: (CA No. 40, 2003) Paragraph 3. The States shall remit twenty-five per cent I – public finances; of the funds they may receive as provided by item II to II – foreign and domestic public debt, including the debt the respective Municipalities, observing the criteria of the autonomous government agencies, foundations established in article 158, Sole paragraph, items I and II. and other entities controlled by the Government; Paragraph 4. Twenty-five per cent of the amount of III – granting of guarantees by government entities; monies referred to in item III and allocated to each State IV – issuance and redemption of public debt bonds; shall be assigned to its Municipalities, in accordance V – financial supervision of governmental entities and with the law referred to in said item. entities owned by the Federal Government; VI – foreign exchange transactions carried out by bodies Article 160. It is forbidden to withhold or to make any and agencies of the Union, of the States, of the Federal restriction to the remittance and use of the funds assig- District and of the Municipalities; ned in this section to the States, to the Federal District VII – compatibility of the functions of the official credit and to the Municipalities, including any tax additions institutions of the Union, safeguarding all the characte- and increases. (CA No. 3, 1993; CA No. 29, 2000) ristics and full operational conditions of those intended Sole paragraph. The prohibition mentioned in the pre- for regional development. sent article does not prevent the Union and the States from remitting the funds on condition of: Article 164. The competence of the Union to issue cur- I – payment of their credits, including those of the rency shall be exercised exclusively by the central bank. associate government agencies; Paragraph 1. It is forbidden for the central bank to II – compliance with the provisions of article 198, pa- grant, either directly or indirectly, loans to the Natio- ragraph 2, items II and III. nal Treasury and to any body or agency which is not a financial institution. Article 161. A supplementary law shall: Paragraph 2. The central bank may purchase and sell I – define the added value for the purposes provided bonds issued by the National Treasury, for the purpose by article 158, Sole paragraph, item I; of regulating the money supply or the interest rate. II – establish rules for the remittance of the funds re- Paragraph 3. The cash assets of the Union shall be de- ferred to in article 159, especially the criteria for the posited at the central bank; those of the States, of the sharing of the funds set forth in its item I, seeking to Federal District, of the Municipalities and of the bodies promote social and economic balance among States or agencies of the Government and of the companies and among Municipalities; controlled by the same, at official financial institutions, III – provide for the monitoring, by the beneficiaries, excepting the cases established in law. of the calculation of the quotas and release of the participations set forth in articles 157, 158 and 159. Section II – Budgets Sole paragraph. The Federal Audit Court shall calculate Article 165. Laws of the initiative of the Executive Power the quotas referring to the participation funds men- shall establish: (CA No. 86, 2015) tioned in item II. I – the pluriannual plan; Article 162. The Union, the States, the Federal District II – the budgetary directives; and the Municipalities shall announce, on or before the III – the annual budgets. last day of the month following that of collection, the Paragraph 1. The law which institutes the pluriannual amounts of each of the tributes collected, the funds plan shall establish, on a regional basis, the directives, received, the tax sums remitted and to be remitted and objectives and targets of the federal public administra- the numerical expression of the apportionment criteria. tion for the capital expenditures and other expenses Sole paragraph. The data announced by the Union shall resulting therefrom and for those regarding continuous be discriminated by State and by Municipality; those of programmes. the States, by Municipality. Paragraph 2. The law of budgetary directives shall comprise the targets and priorities of the federal public

68 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition administration, including the capital expenditures for III – provide for criteria for an equitable implementa- the subsequent fiscal year, shall guide the drawing up tion, in addition to procedures to be adopted in the of the annual budget law, shall make provisions for event of legal and technical impediments, payment of alterations in tax legislation and shall establish the carryovers, and limits to appropriations of a mandatory investment policy for the official development finan- nature, for realization of the provisions of paragraph cing agencies. 11 of article 166. Paragraph 3. The Executive Power shall, within thirty Article 166. The bills regarding the pluriannual plan, days after the closing of each two-month period, pu- the budgetary directives, the annual budget and the blish a summarized report on budget implementation. additional credits shall be examined by the two Hou- Paragraph 4. The national, regional and sectorial plans ses of the National Congress, in accordance with their and programmes set forth in this Constitution shall be common regulations. (CA No. 86, 2015) drawn up in compliance with the pluriannual plan and Paragraph 1. It is incumbent upon a permanent joint shall be examined by the National Congress. committee of Senators and Deputies to: Paragraph 5. The annual budget law shall include: I – examine and issue its opinion on the bills referred I – the fiscal budget regarding the Powers of the Union, to in the present article and on the accounts submitted their funds, bodies and entities of the direct and indirect annually by the President of the Republic; administration, including foundations instituted and II – examine and issue its opinion on the national, re- maintained by the Government; gional and sectorial plans and programmes established II – the investment budget of companies in which the in this Constitution, and exercise budgetary monitoring Union directly or indirectly holds the majority of the and supervision, without affecting the operation of the voting capital; other committees of the National Congress and of its III – the social welfare budget, comprising all direct and Houses, created in accordance with article 58. indirect administration entities or bodies connected Paragraph 2. Amendments shall be submitted to the with social security, as well as funds and foundations joint committee, which shall report on them, and shall instituted and maintained by the Government. be examined, in accordance with the regulations, by Paragraph 6. The budget bill shall be accompanied by the Plenary Session of the two Houses of the National a regionalized statement on the effect on revenues Congress. and expenses, deriving from exemptions, amnesties, Paragraph 3. Amendments to the bill of the annual budget remissions, subsidies and benefits of a financial, tri- or to the bills which modify it may only be approved if: butary and credit nature. I – they are compatible with the pluriannual plan and Paragraph 7. The functions of the budgets set forth with the law of budgetary directives; in paragraph 5, items I and II, of the present article, II – they specify the necessary funds, allowing only compatible with the pluriannual plan, shall include the those resulting from the annulment of expenses, and function of reducing interregional inequalities, according excluding those which apply to: to populational criteria. a) allocations for personnel and their charges; Paragraph 8. The annual budget law shall not contain b) debt servicing; any provision extraneous to a forecast of revenues and c) constitutional tax transfers to the States, the to the establishment of expenses, such prohibition not Municipalities and the Federal District; or including authorization to open supplementary credits III – they are related: and to contract credit transactions, even if by advance a) to the correction of errors or omissions; or of revenues, under the terms of the law. b) to the provisions of the text of the bill of law. Paragraph 9. A supplementary law shall: Paragraph 4. Amendments to the bill of budgetary di- I – make provisions for the fiscal year, effectiveness, rectives may not be approved if they are incompatible terms, drawing up and organization of the pluriannual with the pluriannual plan. plan, of the law of budgetary directives and of the Paragraph 5. The President of the Republic may send annual budget law; a message to the National Congress to propose modi- II – establish rules for the financial and property mana- fications in the bills referred to in the present article gement of the direct and indirect administration, as well as long as the joint committee has not started to vote as conditions for the institution and operation of funds. on the part for which an alteration is being proposed.

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Paragraph 6. The bills of the pluriannual plan law, of the expenditures included in the appropriations, under law of budgetary directives and of the annual budget the terms of paragraph 11 of this article, the following law shall be forwarded by the President of the Republic measures shall be adopted: to the National Congress, under the terms of the su- I – within one hundred twenty (120) days after the pu- pplementary law referred to in article 165, paragraph 9. blication of the Budgetary Law, the Executive Branch, Paragraph 7. The other rules regarding legislative pro- the Legislative Branch, the Judicial Branch, the Public cedure shall apply to the bills mentioned in this article, Prosecution Service, and the Public Legal Defense shall as long as they are not contrary to the provisions of forward to the Legislative Branch the justification for this section. the impediment; Paragraph 8. Any funds which, as a result of a veto, II – within thirty (30) days after the deadline set forth in amendment or rejection of the bill of the annual budget item I, the Legislative Branch shall recommend to the law, have no corresponding expenses, may be allocated, Executive Branch the reallocation of the appropriations as the case may be, by means of special or supplementary whose impediment is insurmountable; credits, with prior and specific legislative authorization. III – by September 30 or within thirty (30) days after Paragraph 9. Individual amendments to the budget bill the deadline set forth in item II, the Executive Branch shall be approved up to the limit of one and two tenths shall forward a bill of law on the reallocation of the percent (1.2%) of the net current revenue set forth in appropriations whose impediment is insurmountable; the bill forwarded by the Executive Branch, and half IV – if, by November 20 or within thirty (30) days after of such percentage shall be assigned to public health the deadline set forth in item III, the National Congress actions and services. has not resolved upon the bill, the reallocation shall be Paragraph 10. The amount spent in public health actions implemented by an act of the Executive Branch, under and services as set forth in paragraph 9, including cur- the terms of the budgetary law. rent spending, shall be taken into account for purposes Paragraph 15. After the deadline set forth in item IV of of compliance with article 198, paragraph 2, item I, it paragraph 14, the budget appropriations stipulated being forbidden to assign such amount to the payment in paragraph 11 shall not be subject to mandatory of personnel expenditures or social charges. execution in the cases of impediments justified in the Paragraph 11. The budget execution and the financial notification referred to in item I of paragraph 14. implementation of the appropriations referred to in Paragraph 16. Carryovers may be taken into account paragraph 9 of this article are mandatory, in an amount for purposes of compliance with the amount of outlays corresponding to one and two tenths percent (1.2%) set forth in paragraph 11 of this article, up to the limit of the net current revenue realized in the previous of six tenths of one percent (0.6%) of the net current fiscal year, as per the criteria for equitable execution revenue realized in the previous fiscal year. of appropriations as defined in the supplementary law Paragraph 17. Should it be found that reestimating the set forth in paragraph 9 of article 165. revenue and the expenditure may lead to noncom- Paragraph 12. The budget appropriations set forth pliance with the targeted fiscal result established in in paragraph 9 of this article shall not be subject to the law of budgetary directives, the amount set forth mandatory execution in the cases of impediments of in paragraph 11 of this article may be reduced by up a technical nature. to the same proportion of the limit applicable to all Paragraph 13. When the mandatory transfer from the discretionary spending. Union, for the execution of the appropriations set Paragraph 18. The execution of appropriations of a forth in paragraph 11 of this article, is intended for the mandatory nature is deemed equitable if it meets, on an States, the Federal District, and the Municipalities, it equal and impersonal basis, the purpose of the amend- shall not depend upon the fulfillment of obligations ments presented, regardless of who their sponsors are. by the recipient unit of the federation, and it shall not Article 167. The following are forbidden: (CA No. 3, 1993; be included in the assessment basis of the net cur- CA No. 19, 1998; CA No. 20, 1998; CA No. 29, 2000; CA No. rent revenue for purposes of application of the limits 42, 2003; CA No. 85, 2015) of expenditure on personnel referred to in the head I – to begin programmes or projects not included in the paragraph of article 169. annual budget law; Paragraph 14. In the event of an impediment of a te- II – to incur expenses or to assume direct obligations chnical nature, for financial commitments regarding which exceed the budgetary or additional credits;

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III – to carry out credit transactions, which exceed the within the limits of their balances, such credits shall amount of capital expenses, excepting those authorized be incorporated into the budget of the subsequent by means of supplementary or special credits with a fiscal year. specific purpose and approved by an absolute majority Paragraph 3. The opening of extraordinary credit may of the Legislative Power; only be allowed to meet unforeseeable and urgent IV – to bind tax revenues to an agency, fund or expense, expenses, such as those resulting from war, internal excepting the sharing of the proceeds from the collec- commotion or public calamity, observing the provisions tion of the taxes referred to in articles 158 and 159, the in article 62. allocation of funds for public health actions and services, Paragraph 4. It is permitted to bind proper revenues for the maintenance and development of education, and generated by the taxes referred to in articles 155 and for the implementation of tax administration activities, 156, and the funds mentioned in articles 157, 158 and as determined, respectively, in article 198, paragraph 159, items I, subitems a and b, and II, to the granting of 2, article 212, and article 37, item XXII, and the granting a guarantee or a counter-guarantee to the Union, and of guarantees on credit transactions by advance of to the payment of debits owed to the same. revenues, as established in article 165, paragraph 8, Paragraph 5. Reassigning, reallocating, or transferring as well as in paragraph 4 of the present article; funds from one programming category to another may V – to open a supplementary or special credit without eventually be permitted, within science, technology, prior legislative authorization and without specification and innovation activities, with a view to enabling the of the corresponding funds; outcomes of projects restricted to these functions, by VI – to reassign, reallocate or transfer funds from one means of an act of the Executive Power, without the programming category to another or from one agency prior legislative authorization set forth in item VI of to another without prior legislative authorization; this article. VII – to grant or use unlimited credits; Article 168. Funds corresponding to budgetary allo- VIII – to use, without specific legislative authorization, cations, including supplementary and special credits, funds from the fiscal and social security budgets to intended for the bodies of the Legislative and Judicial supply a necessity or to cover a deficit of companies, Powers, the Public Prosecution, and the Public Legal foundations and funds, including those mentioned in Defense, shall be remitted to them on or before the article 165, paragraph 5; twentieth of each month, in twelfths, as provided by the IX – to institute funds of any nature without prior le- supplementary law referred to in article 165, paragraph gislative authorization; 9. (CA No. 45, 2004) X – to transfer funds voluntarily and to grant loans, including by means of advancement of revenues, by Article 169. Expenditures on active and retired personnel the Federal Government, the Government of the Sta- of the Union, the States, the Federal District and the tes and their financial institutions, for the payment of Municipalities may not exceed the limits established expenditures related to active and retired personnel in a supplementary law. (CA No. 19, 1998) and pensioners, of the States, the Federal District, and Paragraph 1. The granting of any advantage or increase the Municipalities; of remuneration, the creation of posts, positions or XI – to use the funds arising from the welfare con- functions, or alteration of career structures, as well as tributions set forth in article 195, items I, subitem a, admission or hiring of personnel, on any account, by and II, to defray expenses other than the payment of Government bodies and entities, or entities owned by benefits of the general social security scheme referred the Government, including foundations instituted and to in article 201. maintained by the Government, may only be effected: Paragraph 1. No investment whose execution exceeds one I – if there is a prior budgetary allocation sufficient to fiscal year may be implemented without prior inclusion cover the estimated expenditure with personnel and in the pluriannual plan, or without a law to authorize the increases resulting therefrom; such inclusion, subject to crime of malversation. II – if there is specific authorization in the law of bud- Paragraph 2. Special and extraordinary credits shall be getary directives, with the exception of government effective in the fiscal year in which they are authorized, enterprises and joint stock companies. unless the authorization act is enacted during the last Paragraph 2. Once finished the time limit established four months of that fiscal year, in which case, reopened in the supplementary law referred to in this article for

71 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition the adaptation to the standards therein stipulated, all impact of goods and services and of their respective remittances of federal or state funds shall be immedia- production and delivery processes; tely suspended to the States, the Federal District, and VII – reduction of regional and social differences; the Municipalities which do not obey the said limits. VIII – pursuit of full employment; Paragraph 3. To comply with the limits established ac- IX – preferential treatment for small enterprises orga- cording to this article, within the time period stipulated nized under Brazilian laws and having their head-office in the supplementary law referred to in the head para- and management in Brazil. graph, the Union, the States, the Federal District, and Sole paragraph. Free exercise of any economic activity the Municipalities shall adopt the following measures: is ensured to everyone, regardless of authorization I – reduction of at least twenty percent of the expen- from government agencies, except in the cases set ditures on commission offices and positions of trust; forth by law. II – discharge of untenured servants. Article 171. (Revoked). (CA No. 6, 1995) Paragraph 4. If the measures adopted according to the preceding paragraph are not sufficient to guarantee Article 172. The law shall regulate, based on national compliance with the provision of the supplementary interests, the foreign capital investments, shall encou- law referred to in this article, tenured servants may be rage reinvestments and shall regulate the remittance dismissed, provided that a regulatory act justified by of profits. each of the Branches specifies the activity, the agency, Article 173. With the exception of the cases set forth in or the administrative unit where reduction of personnel this Constitution, the direct exploitation of an economic must be carried out. activity by the State shall only be allowed whenever Paragraph 5. A servant who is dismissed according to needed to the imperative necessities of the national the preceding paragraph shall be entitled to compen- security or to a relevant collective interest, as defined sation equivalent to one month of remuneration per by law. (CA No. 19, 1998) year of service. Paragraph 1. The law shall establish the legal system Paragraph 6. The post affected by the reduction men- of public companies, joint-stock companies and their tioned in the preceding paragraphs shall be considered subsidiary companies engaged in economic activities extinct, and the creation of a post, position, or function connected with the production or trading of goods, or with equal or similar duties shall be forbidden for the with the rendering of services, providing upon: period of four years. I – their social function and the forms of control by the Paragraph 7. A federal act shall provide for the general State and by society; rules to be complied with in carrying out the provision II – compliance with the specific legal system governing of paragraph 4. private companies, including civil, commercial, labour, TITLE VII – THE ECONOMIC AND FINANCIAL ORDER and tax rights and liabilities; III – bidding and contracting of works, services, purcha- CHAPTER I – THE GENERAL PRINCIPLES ses, and disposal, with due regard for the principles of OF THE ECONOMIC ACTIVITY government services; Article 170. The economic order, founded on the appre- IV – the establishment and operation of boards of ciation of the value of human work and on free enter- directors and of boards of supervisors, with the parti- prise, is intended to ensure everyone a life with dignity, cipation of minority shareholders; in accordance with the dictates of social justice, with V – the terms of office, the performance appraisals, due regard for the following principles: (CA No. 6, 1995; and the liability of administrators. CA No. 42, 2003) Paragraph 2. The public companies and the mixed-ca- I – national sovereignty; pital companies may not enjoy fiscal privileges which II – private property; are not extended to companies of the private sector. III – the social function of property; Paragraph 3. The law shall regulate the relationships of IV – free competition; public companies with the State and society. V – consumer protection; Paragraph 4. The law shall repress the abuse of econo- VI – environment protection, which may include differen- mic power that aims at the domination of markets, the tiated treatment in accordance with the environmental elimination of competition and the arbitrary increase of profits.

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Paragraph 5. The law shall, without prejudice to the place with authorization or concession by the Union, individual liability of the managing officers of a legal in the national interest, by Brazilians or by a company entity, establish the liability of the latter, subjecting organized under Brazilian laws and having its head-office it to punishments compatible with its nature, for acts and management in Brazil, in the manner set forth by performed against the economic and financial order law, which law shall establish specific conditions when and against the citizens’ monies. such activities are to be conducted in the boundary zone or on Indian lands. Article 174. As the normative and regulating agent of Paragraph 2. The owner of the soil is ensured of parti- the economic activity, the State shall, in the manner set cipation in the results of the mining operation, in the forth by law, perform the functions of control, incentive manner and amount as the law shall establish. and planning, the latter being binding for the public Paragraph 3. Authorization for prospecting shall always sector and indicative for the private sector. be for a set period of time and the authorization and Paragraph 1. The law shall establish the guidelines and concession set forth in this article may not be assigned bases for planning of the balanced national develop- or transferred, either in full or in part, without the prior ment, which shall embody and make compatible the consent of the conceding authority. national and regional development plans. Paragraph 4. Exploitation of a renewable energy poten- Paragraph 2. The law shall support and encourage tial of small capacity shall not require an authorization cooperative activity and other forms of association. or concession. Paragraph 3. The State shall favour the organization of the placer-mining activity in cooperatives, taking Article 177. The following are the monopoly of the Union: into account the protection of the environment and (CA No. 9, 1995; CA No. 33, 2001; CA No. 49, 2006) the social-economic furthering of the placer-miners. I – prospecting and exploitation of deposits of petro- Paragraph 4. The cooperatives referred to in the preceding leum and natural gas and of other fluid hydrocarbons; paragraph shall have priority in obtaining authorization II – refining of domestic or foreign petroleum; or grant for prospecting and mining of placer resources III – import and export of the products and basic by- and deposits in the areas where they are operating and -products resulting from the activities set forth in the in those established in accordance with article 21, item preceding items; XXV, as set forth by law. IV – ocean transportation of crude petroleum of domestic origin or of basic petroleum by-products produced in Article 175. It is incumbent upon the Government, as the country, as well as pipeline transportation of crude set forth by law, to provide public utility services, ei- petroleum, its by-products and natural gas of any origin; ther directly or by concession or permission, which will V – prospecting, mining, enrichment, reprocessing, always be through public bidding. industrialization, and trading of nuclear mineral ores Sole paragraph. The law shall provide for: and minerals and their by-products, with the exception I – the operating rules for the public service concession of radioisotopes whose production, sale, and use may – or permission-holding companies, the special nature be authorized under a permission, in accordance with of their contract and of the extension thereof, as well subitems b and c of item XXIII of the head paragraph as the conditions of forfeiture, control and termination of article 21 of this Federal Constitution. of the concession or permission; Paragraph 1. The Union may contract with state-owned II – the rights of the users; or with private enterprises for the execution of the ac- III – tariff policy; tivities provided for in items I through IV of this article, IV – the obligation of maintaining adequate service. with due regard for the conditions set forth by law. Article 176. Mineral deposits, under exploitation or not, Paragraph 2. The law referred to in paragraph 1 shall and other mineral resources and the hydraulic energy provide for: potentials form, for the purpose of exploitation or use, I – a guarantee of supply of petroleum products in the a property separate from that of the soil and belong whole national territory; to the Union, the concessionaire being guaranteed the II – the conditions of contracting; ownership of the mined product. (CA No. 6, 1995) III – the structure and duties of the regulatory agency Paragraph 1. The prospecting and mining of mineral of the monopoly of the Union. resources and the utilization of the potentials mentioned in the head paragraph of this article may only take

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Paragraph 3. The law shall provide with respect to the CHAPTER II – URBAN POLICY transportation and use of radioactive materials within Article 182. The urban development policy carried out the national territory. by the Municipal Government, according to general Paragraph 4. The law which institutes a contribution guidelines set forth in the law, is aimed at ordaining tax of intervention in the economic domain regarding the full development of the social functions of the city activities of importation or sale of petroleum and pe- and ensuring the well-being of its inhabitants. troleum products, natural gas and its by-products, and Paragraph 1. The master plan, approved by the City fuel alcohol shall include the following requirements: Council, which is compulsory for cities of over twenty I – the contribution rate may be: thousand inhabitants, is the basic tool of the urban a) different for each product or use; development and expansion policy. b) lowered and restored to its original level by an Paragraph 2. Urban property performs its social function act of the Executive Branch, and the provision when it meets the fundamental requirements for the of article 150, item III, subitem b, shall not apply ordainment of the city as set forth in the master plan. thereto; Paragraph 3. Expropriation of urban property shall II – the proceeds from the collection of the contribution be made against prior and fair compensation in cash. shall be allocated: Paragraph 4. The Municipal Government may, by means a) to the payment of price or transportation subsidies of a specific law, for an area included in the master for fuel alcohol, natural gas and its by-products, plan, demand, according to federal law, that the owner and petroleum products; of unbuilt, underused or unused urban soil provide for b) to the financing of environmental projects related adequate use thereof, subject, successively, to: to the petroleum and gas industry; I – compulsory parceling or construction; c) to the financing of transportation infrastructure II – rates of urban property and land tax that are pro- programs. gressive in time; Article 178. The law shall provide for the regulation of III – expropriation with payment in public debt bonds air, water and ground transportation, and it shall, in issued with the prior approval of the Federal Senate, respect to the regulation of international transporta- redeemable within up to ten years, in equal and suc- tion, comply with the agreements entered into by the cessive annual installments, ensuring the real value of Union, with due regard to the principle of reciprocity. the compensation and the legal interest. (CA No. 7, 1995) Article 183. An individual who possesses an urban area Sole paragraph. In regulating water transportation, the of up to two hundred and fifty square meters, for five law shall set forth the conditions in which the trans- years, without interruption or opposition, using it as portation of goods in coastal and internal navigation his or as his family’s home, shall acquire domain of will be permitted to foreign vessels. it, provided that he does not own any other urban or Article 179. The Union, the States, the Federal District rural property. and the Municipalities shall afford micro-enterprises Paragraph 1. The deed of domain and concession of and small enterprises, as defined by law, differentiated use shall be granted to the man or woman, or both, legal treatment, seeking to further them through simpli- regardless of their marital status. fication of their administration, tax, social security and Paragraph 2. This right shall not be recognized for the credit obligations or through elimination or reduction same holder more than once. thereof by means of law. Paragraph 3. Public real estate shall not be acquired by prescription. Article 180. The Union, the States, the Federal District and the Municipalities shall promote and further tou- CHAPTER III – AGRICULTURAL AND LAND rism as a factor of social and economic development. POLICY AND AGRARIAN REFORM Article 181. Compliance with request for a document or Article 184. It is within the power of the Union to ex- for information of commercial nature, made by a foreign propriate on account of social interest, for purposes administrative or judicial authority to an individual or of agrarian reform, the rural property which is not legal entity residing or domiciled in the country shall performing its social function, against prior and fair depend upon authorization from the competent authority. compensation in agrarian debt bonds with a clause

74 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition providing for maintenance of the real value, redeemable IV – technical assistance and rural extension; within a period of up to twenty years computed as from V – agricultural insurance; the second year of issue, and the use of which shall be VI – cooperative activity; defined in the law. VII – rural electricity and irrigation systems; Paragraph 1. Useful and necessary improvements shall VIII – housing for the rural workers. be compensated in cash. Paragraph 1. Agricultural planning includes agroindus- Paragraph 2. The decree declaring the property as being trial, stock raising, fishing and forestry activities. of social interest for agrarian reform purposes empowers Paragraph 2. Agricultural policy and agrarian reform the Union to start expropriation action. actions shall be made compatible. Paragraph 3. It is incumbent upon a supplementary law Article 188. The destination given to public and unoc- to establish special summary adversary proceeding for cupied lands shall be made compatible with the agri- expropriation action. cultural policy and the national agrarian reform plan. Paragraph 4. The budget shall determine each year Paragraph 1. The alienation or concession in any way of the total volume of agrarian debt bonds, as well as public lands with an area of more than two thousand and the total amount of funds to meet the agrarian reform five hundred hectares to an individual or legal entity, programme in the fiscal year. even if through an intermediary, shall depend on the Paragraph 5. The transactions of transfer of property prior approval of the National Congress. expropriated for agrarian reform purposes are exempt Paragraph 2. Alienations or concessions of public lands from federal, State and Municipal taxes. for agrarian reform purposes are excluded from the Article 185. Expropriation of the following for agrarian provisions of the preceding paragraph. reform purposes is not permitted: Article 189. The beneficiaries of distribution of rural I – small and medium-size rural property, as defined by land through agrarian reform shall receive title-deeds law, provided its owner does not own other property; or concession of use which may not be transacted for II – productive property. a period of ten years. Sole paragraph. The law shall guarantee special treat- Sole paragraph. The title-deed and the concession of ment for the productive property and shall establish use shall be granted to the man or the woman, or to rules for the fulfillment of the requirements regarding both, irrespective of their marital status, according to its social function. the terms and conditions set forth by law. Article 186. The social function is met when the rural Article 190. The law shall regulate and limit the acqui- property complies simultaneously with, according to the sition or lease of rural property by a foreign individual criteria and standards prescribed by law, the following or legal entity, and shall establish the cases that shall requirements: depend on authorization by the National Congress. I – rational and adequate use; II – adequate use of available natural resources and Article 191. The individual who, not being the owner preservation of the environment; of rural or urban property, holds as his own, for five III – compliance with the provisions that regulate labour uninterrupted years, without opposition, an area of land relations; in the rural zone, not exceeding fifty hectares, making IV – exploitation that favours the well-being of the it productive with his labour or that of his family, and owners and labourers. having his dwelling thereon, shall acquire ownership of the land. Article 187. The agricultural policy shall be planned Sole paragraph. The public real estate shall not be and carried out as established by law, with the effec- acquired by prescription. tive participation of the production sector, comprising producers and rural workers, as well as the marketing, CHAPTER IV – THE NATIONAL FINANCIAL SYSTEM storage and transportation sectors, with especial con- Article 192. The national financial system, structured to sideration for: promote the balanced development of the country and I – the credit and fiscal mechanisms; to serve the collective interests, in all of the component II – prices compatible with production costs and the elements of the system, including credit cooperatives, guarantee of marketing; shall be regulated by supplementary laws which shall III – research and technology incentives;

75 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition also provide for the participation of foreign capital in I – of employers, companies, and entities defined by the institutions that make up the said system: (CA No. law as being comparable to companies, assessed on: 13, 1996; CA No. 40, 2003) a) the payroll and other labour earnings paid or I – (revoked); credited, on any account, to individuals who II – (revoked); render services to them, even when there is no III – (revoked); employment bond; a) (revoked); b) income or revenues; b) (revoked); c) profits; IV – (revoked); II – of workers and other persons insured by social V – (revoked); security, no contribution being assessed on retirement VI – (revoked); pensions and other pensions granted by the general VII – (revoked); social security scheme referred to in article 201; VIII – (revoked). III – on the revenues of lotteries; Paragraph 1. (Revoked). IV – of importers of goods or services from other cou- Paragraph 2. (Revoked). ntries, or of other parties defined by law as being Paragraph 3. (Revoked). comparable to such importers. Paragraph 1. The revenues of the States, the Federal TITLE VIII – THE SOCIAL ORDER District and the Municipalities allotted to social welfare CHAPTER I – GENERAL PROVISION shall be included in the respective budgets, not being part of the budget of the Union. Article 193. The social order is based on the primacy of Paragraph 2. The proposal for the social welfare budget work and aimed at social well-being and justice. shall be drawn up jointly by the agencies responsible CHAPTER II – SOCIAL WELFARE for health, social security and social assistance, in accordance with the goals and priorities established in Section I – General Provisions the law of budgetary directives, ensuring each area of Article 194. Social welfare comprises an integrated whole the management of its funds. of actions initiated by the Government and by society, Paragraph 3. A legal entity indebted to the social welfare with the purpose of ensuring the rights to health, social system, as established in law, may not contract with security and assistance. (CA No. 20, 1998) the Government nor receive benefits or fiscal or credit Sole paragraph. It is incumbent upon the Government, incentives therefrom. as provided by law, to organize social welfare, based Paragraph 4. The law may institute other sources in- on the following objectives: tended to guarantee the maintenance or expansion I – universality of coverage and service; of social welfare, with due regard to the provisions of II – uniformity and equivalence of benefits and services article 154, item I. for urban and rural populations; Paragraph 5. No social welfare benefit or service may be III – selectivity and distributiveness in the provision of created, increased or extended without a corresponding benefits and services; source of full funding. IV – irreducibility of the value of the benefits; Paragraph 6. The social contributions referred to in V – equitable participation in funding; this article may only be collected ninety days after VI – diversity of the financing basis; the publication of the law which instituted or modified VII – democratic and decentralized character of admi- them, the provisions of article 150, item III, subitem b, nistration, by means of a quadripartite management, not applying thereto. with the participation of workers, employers, retirees, Paragraph 7. Benevolent entities of social assistance and the Government in the collegiate bodies. which meet the requirements established in law shall be exempt from contribution to social welfare. Article 195. Social welfare shall be financed by all of Paragraph 8. Rural producers, sharecroppers, tenant society, either directly or indirectly, as provided by law, farmers, and self-employed fishermen, as well as their with funds coming from the budgets of the Union, the spouses, who exercise their activities within a hou- States, the Federal District and the Municipalities and sehold system and without permanent employees shall from the following welfare contributions: (CA No. 20, contribute to social welfare by applying a rate to the 1998; CA No. 42, 2003; CA No. 47, 2005)

76 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition proceeds from the sale of their production and shall II – full service, priority being given to preventive acti- be entitled to the benefits provided by law. vities, without prejudice to assistance services; Paragraph 9. The welfare contributions set forth in III – participation of the community. item I of the head paragraph of this article may have Paragraph 1. The unified health system shall be fi- differentiated rates or assessment bases, according nanced, as set forth in article 195, with funds from to the economic activity, the intensive use of labour, the social welfare budget of the Union, the States, the the size of the company, or the structural situation of Federal District and the Municipalities, as well as from the labour market. other sources. Paragraph 10. The law shall define the criteria for the Paragraph 2. The Union, the States, the Federal District, transfer of funds allocated to the unified health system and the Municipalities shall apply each year, to health and for social assistance initiatives, from the Union to actions and public services, a minimum amount of funds the States, the Federal District, and the Municipalities, derived from the application of percentages calculated and from the States to the Municipalities, with due upon the following: regard for the respective transfer of funds. I – in the case of the Union, the net current revenue of Paragraph 11. It is forbidden to grant remission or par- the respective fiscal year, and it may not be lower than don of the welfare contributions referred to in items I, fifteen percent (15%); subitem a, and II of this article, for debits which exceed II – in the case of the States and of the Federal District, the limit stipulated by a supplementary law. the proceeds from the collection of the taxes mentioned Paragraph 12. The law shall define the sectors of eco- in article 155 and of the funds mentioned in articles nomic activity for which the contributions stipulated 157 and 159, items I, subitem a, and II, after deducting under the terms of items I, subitem b, and IV of the head the portions remitted to the respective Municipalities; paragraph, shall be non-cumulative. III – in the case of the Municipalities and of the Federal Paragraph 13. The provision of paragraph 12 shall also District, the proceeds from the collection of the taxes apply in the case of gradual replacement, either total mentioned in article 156 and of the funds mentioned in ou partial, of the contribution stipulated under the articles 158 and 159, item I, subitem b, and paragraph 3. terms of item I, subitem a, by the contribution due on Paragraph 3. A supplementary law to be revised at least income or revenues. every five years shall establish: I – the percentages referred to in items II and III of Section II – Health paragraph 2; Article 196. Health is a right of all and a duty of the II – the criteria for the sharing of funds of the Union State and shall be guaranteed by means of social and earmarked for health and assigned to the States, the economic policies aimed at reducing the risk of illness Federal District, and the Municipalities, and of funds and other hazards and at the universal and equal access of the States assigned to their respective Municipali- to actions and services for its promotion, protection ties, with a view to a progressive reduction of regional and recovery. disparities; III – the rules for supervision, assessment, and control Article 197. Health actions and services are of public of expenditures on health at the level of the Union, importance, and it is incumbent upon the Government to the States, the Federal District, and the Municipalities; provide, in accordance with the law, for their regulation, IV – (revoked). supervision and control, and they shall be carried out Paragraph 4. The local managers of the unified health directly or by third parties and also by individuals or system may hire community health workers and endemic private legal entities. disease control agents by means of a public selection Article 198. Health actions and public services integrate process, taking into account the nature and complexity a regionalized and hierarchical network and constitute of their duties and the specific requirements of their a single system, organized according to the following activity. directives: (CA No. 29, 2000; CA No. 51, 2006; CA No. 63, Paragraph 5. Federal legislation shall provide for the 2010; CA No. 86, 2015) legal regime, a nationwide professional minimum salary, I – decentralization, with a single management in each the guidelines for Career Schemes, and the regulation sphere of government; of activities of community health workers and endemic disease control agents, and it shall be incumbent upon

77 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition the Federal Government, under the terms of the law, psychoactive, toxic and radioactive substances and to provide supplementary financial support to the Sta- products; tes, the Federal District, and Municipalities, to achieve VIII – to cooperate in the preservation of the environ- compliance with said minimum salary. ment, including that of the workplace. Paragraph 6. In addition to the cases set forth in para- Section III – Social Security graph 1 of article 41 and in paragraph 4 of article 169 of the Federal Constitution, an employee whose activities Article 201. The social security system shall be orga- are equivalent to those of a community health worker nized as a general scheme, of a contributory basis and or an endemic disease control agent may be dismissed mandatory participation, with due regard for criteria if he does not comply with the specific requirements that preserve financial and actuarial balance, and shall stipulated by law for such activities. provide for, in accordance with the law: (CA No. 20, 1998; CA No. 41, 2003; CA No. 47, 2005) Article 199. Health assistance is open to private enterprise. I – coverage for the events of illness, disability, death, Paragraph 1. Private institutions may participate in a and old age; supplementary manner in the unified health system, II – protection to maternity, especially to pregnant women; in accordance with the directives established by the III – protection to workers in a situation of involuntary latter, by means of public law contracts or agreements, unemployment; preference being given to philanthropic and non-profit IV – family allowance and confinement allowance for entities. the dependents of the low-income insured; Paragraph 2. The allocation of public funds to aid or V – pension for death of the insured, man or woman, to subsidize profit-oriented private institutions is forbidden. the spouse or companion, and dependents, complying Paragraph 3. Direct or indirect participation of foreign with the provision of paragraph 2. companies or capital in health assistance in the country Paragraph 1. The adoption of differentiated require- is forbidden, except in cases provided by law. ments and criteria for the granting of retirement to the Paragraph 4. The law shall provide for the conditions beneficiaries of the general social security scheme is and requirements which facilitate the removal of or- forbidden, with the exception of the cases, as defined gans, tissues and human substances for the purpose by a supplementary law, of activities carried out under of transplants, research and treatment, as well as the special conditions which are harmful to health or to collection, processing and transfusion of blood and its physical wholeness, and of cases in which the insured by-products, all kinds of sale being forbidden. are persons with disabilities. Article 200. It is incumbent upon the unified health Paragraph 2. No benefit which replaces the contribution system, in addition to other duties, as set forth by the salary or labour earnings of the insured shall have a law: (CA No. 85, 2015) monthly amount lower than the minimum monthly wage. I – to supervise and control proceedings, products and Paragraph 3. All contribution salaries included in the substances of interest to health and to participate in calculation of the benefit shall be duly updated, under the production of drugs, equipment, immunobiological the terms of the law. products, blood products and other inputs; Paragraph 4. Readjustment of the benefits is ensured, to II – to carry out actions of sanitary and epidemiologic the end that their real value is permanently maintained, vigilance as well as those relating to the health of workers; in accordance with criteria defined by law. III – to organize the training of personnel in the area Paragraph 5. Participation in the general social security of health; scheme, in the quality of an optional insured, is forbi- IV – to participate in the definition of the policy and in dden for a person who participates in a special social the implementation of basic sanitation actions; security scheme. V – to foster, within its scope of action, scientific and Paragraph 6. The Christmas bonus for retirees and pen- technological development, as well as innovation; sioners shall be based on the amount of the earnings VI – to supervise and control foodstuffs, including their in the month of December of each year. nutritional contents, as well as drinks and water for Paragraph 7. Retirement is ensured under the general human consumption; social security scheme, in accordance with the law, upon VII – to participate in the supervision and control of compliance with the following conditions: the production, transportation, storage and use of

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I – thirty-five years of contribution, if a man, and thirty access to information regarding the management of years of contribution, if a woman; their respective plans. II – sixty-five years of age, if a man, and sixty years, Paragraph 2. The contributions of employers, the be- if a woman, this age limit being reduced by five years nefits, and the terms of contracts set forth in the for rural workers of both sexes and for those who bylaws, regulations, and benefit plans of the private exercise their activities within a household system, pension plan companies are neither an integral part therein included rural producers, placer miners, and of the employment contract of participants, nor, with self-employed fishermen. the exception of the benefits granted, an integral part Paragraph 8. The requirements referred to in item I of the remuneration of participants, under the terms of the preceding paragraph will be reduced by five of the law. years, for teachers who document exclusively a period Paragraph 3. The Union, the States, the Federal District, of effective exercise of teaching functions in children and the Municipalities, their associate government education and in elementary and secondary education. agencies, foundations, public enterprises, joint stock Paragraph 9. For purposes of retirement, the reciprocal companies, and other public entities are forbidden to computation of the period of contribution in government contribute funds to private pension plan companies, save bodies and in private activity, either rural or urban, shall in the quality of sponsors, in which case their standard be ensured, in which case the various social security contribution may not, under any circumstances, exceed schemes shall offset each other financially, in accor- that of the insured. dance with criteria established by law. Paragraph 4. A supplementary law shall regulate the Paragraph 10. The law shall regulate the coverage of relationship between the Union, the States, the Federal employment-injury risks, and such coverage shall be District, or the Municipalities, including their associate provided both by the general social security scheme government agencies, foundations, joint stock com- and the private sector. panies, and enterprises controlled either directly or Paragraph 11. The amounts habitually earned by an indirectly, in the quality of sponsors of closed private employee, on any account, shall be incorporated into pension plan companies, and their respective closed his monthly salary for purposes of social security con- private pension plan companies. tribution and the resulting effects on benefits, in the Paragraph 5. The supplementary law referred to in the cases and in the manner provided by law. preceding paragraph shall apply, insofar as pertinent, to Paragraph 12. The law shall provide for a special system private companies holding a permission or concession to include low-income workers in the social security to render public services, when such companies sponsor system, as well as to include no-income persons who closed private pension plan companies. are engaged exclusively in household chores within their Paragraph 6. The supplementary law referred to in para- own homes, provided that they belong to low-income graph 4 of this article shall establish the requirements families, so that they have guaranteed access to benefits for the appointment of board members of the closed at an amount equal to one monthly minimum salary. private pension plan companies, and shall regulate the Paragraph 13. The rates and grace periods of the spe- inclusion of participants in the collegiate bodies and cial system of inclusion in the social security system decision-making bodies in which their interests are referred to in paragraph 12 of this article shall be lower subject to discussion and decision. than those in effect for other insured participants of Section IV – Social Assistance the general social security scheme. Article 203. Social assistance shall be rendered to Article 202. The private social security scheme, of a whomever may need it, regardless of contribution to complementary nature and organized on an autonomous social welfare and shall have as objectives: basis as regards the general social security scheme, I – the protection of the family, maternity, childhood, shall be optional, based on the formation of reserves adolescence and old age; which guarantee the contracted benefit, and regulated II – the assistance to needy children and adolescents; by a supplementary law. (CA No. 20, 1998) III – the promotion of the integration into the labour Paragraph 1. The supplementary law referred to in this market; article shall ensure that the participant in benefit plans IV – the habilitation and rehabilitation of the handicapped of private pension plan companies is provided with full and their integration into community life;

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V – the guarantee of a monthly benefit of one minimum VI – democratic administration of public education, in wage to the handicapped and to the elderly who prove the manner prescribed by law; their incapability of providing for their own support or VII – guarantee of standards of quality; having it provided for by their families, as set forth by law. VIII – a nationwide professional minimum salary for public school teachers, under the terms of a federal law. Article 204. Government actions in the area of social Sole paragraph. The law shall provide for the classes assistance shall be implemented with funds from the of workers to be considered basic education professio- social welfare budget, as provided for in article 195, in nals, as well as for the deadline for the preparation or addition to other sources, and organized on the basis adaptation of their career schemes, within the sphere of the following directives: (CA No. 42, 2003) of the Federal Government, the States, the Federal I – political and administrative decentralization, the District, and the Municipalities. coordination and the general rules being incumbent upon the federal sphere, and the coordination and Article 207. The universities shall have didactic, scien- implementation of the respective programmes, upon tific, administrative, financial and property manage- the State and Municipal spheres, as well as upon be- ment autonomy and shall comply with the principle of nevolent and social assistance entities; non-dissociation of teaching, research and extension. II – participation of the population, by means of or- (CA No. 11, 1996) ganizations representing them in the formulation of Paragraph 1. The universities are permitted to hire policies and in the control of actions taken at all levels. foreign professors, technicians and scientists as pro- Sole paragraph. The States and the Federal District vided by law. may assign up to five tenths per cent of their net tax Paragraph 2. The provisions of this article apply to revenues to programs to support social inclusion and scientific and technological research institutions. promotion, the utilization of such funds for the payment Article 208. The duty of the State towards education of the following items being forbidden: shall be fulfilled by ensuring the following: (CA No. 14, I – personnel expenses and social charges; 1996; CA No. 53, 2006; CA No. 59, 2009) II – debt servicing; I – mandatory basic education, free of charge, for every III – any other current expense not directly related to individual from the age of 4 (four) through the age of 17 the investments or actions supported by said programs. (seventeen), including the assurance of its free offer to CHAPTER III – EDUCATION, CULTURE AND SPORTS all those who did not have access to it at the proper age; II – progressive universalization of the free high-school Section I – Education education; Article 205. Education, which is the right of all and duty III – specialized schooling for the handicapped, prefe- of the State and of the family, shall be promoted and rably in the regular school system; fostered with the cooperation of society, with a view to IV – infant education to children of up to 5 (five) years the full development of the person, his preparation for of age in day-care centers and pre-schools; the exercise of citizenship and his qualification for work. V – access to higher levels of education, research and artistic creation according to individual capacity; Article 206. Education shall be provided on the basis of VI – provision of regular night courses adequate to the the following principles: (CA No. 19, 1998; CA No. 53, 2006) conditions of the student; I – equal conditions of access and permanence in school; VII – assistance to students in all grades of basic educa- II – freedom to learn, teach, research and express tion, by means of supplementary programmes providing thought, art and knowledge; school materials, transportation, food, and health care. III – pluralism of pedagogic ideas and conceptions and Paragraph 1. The access to compulsory and free edu- coexistence of public and private teaching institutions; cation is a subjective public right. IV – free public education in official schools; Paragraph 2. The competent authority shall be liable for V – appreciation of the value of school education profes- the failure of the Government in providing compulsory sionals, guaranteeing, in accordance with the law, career education, or providing it irregularly. schemes for public school teachers, with admittance Paragraph 3. The Government has the power to take exclusively by means of public entrance examinations a census of elementary school students, call them for consisting of tests and presentation of academic and professional credentials;

80 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition enrollment and ensure that parents or guardians see percent of the tax revenues, including those resulting to their children’s attendance to school. from transfers, in the maintenance and development of education. (CA No. 14, 1996; CA No. 53, 2006; CA No. Article 209. Teaching is open to private enterprise, 59, 2009) provided that the following conditions are met: Paragraph 1. The share of tax revenues, transferred I – compliance with the general rules of national by the Union to the States, the Federal District and education; the Municipalities, or by the States to the respective II – authorization and evaluation of quality by the Municipalities, shall not be considered, for purposes of Government. the calculation provided by this article, as revenues of Article 210. Minimum curricula shall be established the government which transfers it. for elementary schools in order to ensure a common Paragraph 2. For purposes of compliance with the basic education and respect for national and regional head paragraph of this article, the federal, state and cultural and artistic values. Municipal educational systems, as well as the funds Paragraph 1. The teaching of religion is optional and applied in accordance with article 213 shall be taken shall be offered during the regular school hours of into consideration. public elementary schools. Paragraph 3. In the distribution of public funds, priority Paragraph 2. Regular elementary education shall be given shall be given to the providing for the needs of compul- in the Portuguese language and Indian communities sory education, as regards universalization, assurance shall also be ensured the use of their native tongues of quality standards, and equality, as set forth in the and their own learning methods. national education plan. Paragraph 4. The supplementary food and health as- Article 211. The Union, the States, the Federal District sistance programmes provided by article 208, item and the Municipalities shall cooperate in the organi- VII, shall be financed with funds derived from social zation of their educational systems. (CA No. 14, 1996; contributions and other budgetary funds. CA No. 53, 2006; CA No. 59, 2009) Paragraph 5. Public basic education shall have, as an Paragraph 1. The Union shall organize the federal edu- additional source of financing, the social contribution cational system and that of the Territories, shall finance for education, a payroll tax levied on companies, as the federal public educational institutions and shall provided by law. have, in educational matters, a redistributive and su- Paragraph 6. State and Municipal quotas of the pro- pplementary function, so as to guarantee the equali- ceeds from the collection of the social contribution zation of the educational opportunities and a minimum for education shall be distributed in proportion to the standard of quality of education, through technical and number of students enrolled in basic education in the financial assistance to the States, the Federal District respective public school systems. and the Municipalities. Paragraph 2. The Municipalities shall act on a priority Article 213. Public funds shall be allocated to public basis in elementary education and in the education schools, and may be channelled to community, religious of children. or philanthropic schools, as defined by law, which: (CA Paragraph 3. The States and the Federal District shall No. 85, 2015) act on a priority basis in elementary and secondary I – prove that they do not seek profit and that they education. apply their surplus funds in education; Paragraph 4. In the organization of respective educa- II – ensure that their assets shall be assigned to another tional systems, the Federal Government, the States, the community, religious or philantropic schools, or to the Federal District, and the Municipalities shall establish Government in case they cease their activities. forms of cooperation, so as to guarantee the univer- Paragraph 1. The funds provided by this article may be al- salization of mandatory education. located to elementary and secondary school scholarships, Paragraph 5. Public basic education shall give priority as provided by law, for those who prove insufficiency to regular education. of means, when there are no vacancies or no regular courses are offered in the public school system of the Article 212. The Union shall apply, annually, never less place where the student lives, the Government being than eighteen percent, and the States, the Federal placed under the obligation to invest, on a priority basis, District, and the Municipalities, at least twenty-five in the expansion of the public system of the locality.

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Paragraph 2. Research and extension activities, as well Article 216. The Brazilian cultural heritage consists of as activities aimed at encouraging and fostering inno- the assets of a material and immaterial nature, taken vation, carried out by universities and/or professional individually or as a whole, which bear reference to the and technological education institutions, may receive identity, action and memory of the various groups financial support from the Government. that form the Brazilian society, therein included: (CA No. 42, 2003) Article 214. The law shall establish a ten-year national I – forms of expression; education plan, with a view to organizing the national II – ways of creating, making and living; education system with the cooperation of States and III – scientific, artistic and technological creations; Municipalities, as well as to defining implementation IV – works, objects, documents, buildings and other directives, objectives, targets, and strategies so as to spaces intended for artistic and cultural expressions; ensure maintenance and development of teaching, at V – urban complexes and sites of historical, natural, its various levels, grades, and modalities, by means of artistic, archaeological, paleontological, ecological integrated federal, State, and Municipal Government and scientific value. actions leading to: (CA No. 59, 2009) Paragraph 1. The Government shall, with the cooperation I – eradication of illiteracy; of the community, promote and protect the Brazilian II – universalization of school assistance; cultural heritage, by means of inventories, registers, III – improvement of the quality of education; vigilance, monument protection decrees, expropriation IV – professional training; and other forms of precaution and preservation. V – humanistic, scientific and technological advance- Paragraph 2. It is incumbent upon the Government, in ment of the country; accordance with the law, to manage the keeping of the VI – stipulation of an amount of public funds to be governmental documents and to make them available invested in education as a proportion of the gross for consultation to whomever may need to do so. domestic product. Paragraph 3. The law shall establish incentives for the Section II – Culture production and knowledge of cultural assets and values. Paragraph 4. Damages and threats to the cultural he- Article 215. The State shall ensure to all the full exercise ritage shall be punished in accordance with the law. of the cultural rights and access to the sources of national Paragraph 5. All documents and sites bearing historical culture and shall support and foster the appreciation reminiscence to the ancient communities of runaway and diffusion of cultural expressions. (CA No. 48, 2005) slaves are protected as national heritage. Paragraph 1. The State shall protect the expressions Paragraph 6. The States and the Federal District may of popular, Indian and Afro-Brazilian cultures, as well assign up to five tenths per cent of their net tax reve- as those of other groups participating in the national nues to a state fund for the promotion of culture, for civilization process. the purpose of funding cultural programs and projects, Paragraph 2. The law shall provide for the establishment the utilization of such funds for the payment of the of commemorative dates of high significance for the following items being forbidden: various national ethnic segments. I – personnel expenses and social charges; Paragraph 3. The law shall establish the National Cul- II – debt servicing; ture Plan, in the form of a multiyear plan aimed at the III – any other current expense not directly related to cultural development of the country and the integration the investments or actions supported by said programs. of government initiatives to attain the following: I – protection and appreciation of the value of Brazil’s Article 216-A. The National Culture System, organized cultural heritage; within a framework of cooperation, in a decentralized II – production, promotion, and diffusion of cultural and participatory manner, institutes a process of joint goods; management and promotion of cultural policies, which III – training of qualified personnel to manage culture shall be democratic and permanent, and agreed upon in its multiple dimensions; by the units of the Federation and society, aiming at IV – democratization of access to cultural goods; fostering human, social, and economic development, V – appreciation of the value of ethnic and regional with full exercise of cultural rights. (CA No. 71, 2012) diversity. Paragraph 1. The National Culture System is founded on the national cultural policy and on its guidelines,

82 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition established in the National Culture Plan, and shall obey III – differentiated treatment for professional and non- the following principles: -professional sports; I – diversity of cultural expressions; IV – the protection and fostering of sports created in II – universal access to cultural goods and services; the country. III – promotion of production, diffusion, and circulation Paragraph 1. The Judicial Power shall only accept legal of cultural knowledge and goods; actions related to sports discipline and competitions IV – cooperation among the units of the Federation, and after the instances of the sports courts, as regulated the public and private agents working in the cultural area; by law, have been exhausted. V – integration and interaction in the implementation Paragraph 2. The sports courts shall render final jud- of policies, programs, projects, and actions developed; gement within sixty days, at the most, counted from VI – complementary roles for cultural agents; the date of the filing of the action. VII – cross-cutting cultural policies; Paragraph 3. The Government shall encourage leisure, VIII – autonomy for the units of the Federation and for as a form of social promotion. civil society institutions; CHAPTER IV – SCIENCE, TECHNOLOGY, IX – transparency and sharing of information; AND INNOVATION (CA NO. 85, 2015) X – democratized decision-making processes, with social participation and control; Article 218. The State shall promote and foster scientific XI – coordinated and agreed-upon decentralization of development, research, scientific and technological management, resources, and actions; expertise, as well as innovation. (CA No. 85, 2015) XII – gradual increase of funds earmarked for culture Paragraph 1. Basic and technological scientific research in public budgets. shall receive preferential treatment from the State, Paragraph 2. The following make up the structure of with a view to public well-being and the advancement the National Culture System in the respective levels of science, technology, and innovation. of the Federation: Paragraph 2. Technological research shall be directed I – culture managing bodies; mainly to the solution of Brazilian problems and to the II – cultural policy boards; development of the national and regional productive III – culture conferences; system. IV – intermanagerial committees; Paragraph 3. The State shall support the training of V – culture plans; human resources in the areas of science, research, tech- VI – culture funding systems; nology, and innovation, including by providing support VII – cultural information and indicator systems; to technological extension activities, and shall offer VIII – training programs in the area of culture; and special work means and conditions to those engaged IX – sectoral culture systems. in such activities. Paragraph 3. A federal law shall provide for the regu- Paragraph 4. The law shall support and foster the com- lation of the National Culture System, as well as of its panies which invest in research, creation of technology coordination with other national systems or govern- appropriate for the country, training and improvement mental sector policies. of their human resources and those which adopt remu- Paragraph 4. The States, the Federal District, and the neration systems that ensure employees a share of the Municipalities shall organize their respective culture economic earnings resulting from the productivity of systems in appropriate legislation. their work, apart from the salary. Paragraph 5. The States and the Federal District may Section III – Sports allocate a share of their budgetary revenues to public Article 217. It is the duty of the State to foster the prac- entities which foster scientific and technological edu- tice of formal and informal sports, as a right of each cation and research. individual, with due regard for: Paragraph 6. The State, in the implementation of the I – the autonomy of the directing sports entities and activities set forth in the head paragraph of this arti- associations, as to their organization and operation; cle, shall encourage coordination among entities, both II – the allocation of public funds with a view to pro- public and private, in the various levels of government. moting, on a priority basis, educational sports and, in Paragraph 7. The State shall promote and foster a specific cases, high performance sports; strong presence abroad of public institutions devoted

83 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition to science, technology, and innovation, aiming at the Paragraph 2. Any and all censorship of a political, ideo- implementation of the activities set forth in the head logical and artistic nature is forbidden. paragraph of this article. Paragraph 3. It is within the competence of federal laws to: Article 219. The domestic market is part of the natio- I – regulate public entertainment and shows, it being nal patrimony and shall be supported with a view to incumbent upon the Government to inform on their permitting cultural and socio-economic development, nature, the age brackets they are not recommended the well-being of the population and the technological for and places and times unsuitable for their exhibition; autonomy of the country, as set forth in a federal law. II – establish legal means which afford persons and (CA No. 85, 2015) families the possibility of defending themselves against Sole paragraph. The State shall encourage the develo- radio and television programmes and schedules which pment and strengthening of innovation in companies, go contrary to the provisions of article 221, as well as as well as in other entities, either public or private, the against publicity of products, practices and services establishment and maintenance of technology parks which may be harmful to health or to the environment. and hubs and of other environments conducive to inno- Paragraph 4. Commercial advertising of tobacco, alcoholic vation, the participation of independent inventors, and beverages, pesticides, medicines and therapies shall be the creation, absorption, dissemination, and transfer subject to legal restrictions, in accordance with item II of technology. of the preceding paragraph and shall contain, whenever Article 219-A. The Union, the States, the Federal Dis- necessary, a warning concerning the damages which trict, and the Municipalities may sign cooperation may be caused by their use. instruments with public bodies and entities and with Paragraph 5. Social communication media may not, di- private entities, including for the purpose of sharing rectly or indirectly, be subject to monopoly or oligopoly. specialized human resources and installed capacity, Paragraph 6. The publication of a printed social commu- aimed at the implementation of research, scientific and nication medium shall not depend on license from technological development, and innovation projects, authorities. upon a counterpart financial or non-financial commit- Article 221. The production and programming of radio ment by the beneficiary entity, under the terms of the and television stations shall comply with the following law. (CA No. 85, 2015) principles: Article 219-B. The National Science, Technology, and I – preference to educational, artistic, cultural and Innovation System shall be organized within a framework informative purposes; of cooperation among entities, both public and private, II – promotion of national and regional culture and with a view to promoting scientific and technological fostering of independent productions aimed at their development and innovation. (CA No. 85, 2015) diffusion; Paragraph 1. A federal law shall establish the general III – regional differentiation of cultural, artistic and press rules for the National Science, Technology, and Inno- production, according to percentages established in law; vation System. IV – respect for the ethical and social values of the Paragraph 2. The States, the Federal District, and the person and the family. Municipalities shall legislate concurrently on their own Article 222. Newspaper companies, sound broadcasting peculiarities. companies, or sound and image broadcasting companies, CHAPTER V – SOCIAL COMMUNICATION shall be owned exclusively by native Brazilians or those naturalized for more than ten years, or by legal entities Article 220. The manifestation of thought, the creation, incorporated under Brazilian laws and headquartered the expression and the information, in any form, pro- in Brazil. (CA No. 36, 2002) cess or medium shall not be subject to any restriction, Paragraph 1. In all circumstances, at least seventy per with due regard to the provisions of this Constitution. cent of the total capital stock and of the voting capital Paragraph 1. No law shall contain any provision which of newspaper companies, sound broadcasting compa- may represent a hindrance to full freedom of press in nies, or sound and image broadcasting companies, shall any medium of social communication, with due regard be owned directly or indirectly by native Brazilians or to the provisions of article 5, items IV, V, X, XIII and XIV. those naturalized for more than ten years, who shall

84 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition mandatorily exercise the management of activities and Government and the community shall have the duty to shall define the content of programming. defend and preserve it for present and future generations. Paragraph 2. Editorial responsibility and the activities Paragraph 1. In order to ensure the effectiveness of this regarding selection and management of the programming right, it is incumbent upon the Government to: to be disseminated shall be carried out exclusively by I – preserve and restore the essential ecological pro- native Brazilians or those naturalized for more than ten cesses and provide for the ecological treatment of years, in any social communication medium. species and ecosystems; Paragraph 3. Electronic social communication media, II – preserve the diversity and integrity of the genetic regardless of the technology used to deliver the service, patrimony of the country and to control entities enga- shall comply with the principles stipulated in article ged in research and manipulation of genetic material; 221, as provided by specific legislation, which shall III – define, in all units of the Federation, territorial also ensure priority to Brazilian professionals in the spaces and their components which are to receive production of Brazilian programs. special protection, any alterations and suppressions Paragraph 4. Specific legislation shall regulate the par- being allowed only by means of law, and any use which ticipation of foreign capital in the companies mentioned may harm the integrity of the attributes which justify in paragraph 1. their protection being forbidden; Paragraph 5. Any alterations in the corporate control IV – demand, in the manner prescribed by law, for the of the companies mentioned in paragraph 1 must be installation of works and activities which may poten- communicated to the National Congress. tially cause significant degradation of the environment, a prior environmental impact study, which shall be Article 223. The Executive Power has the authority to made public; grant and renew concession, permission and autho- V – control the production, sale and use of techniques, rization for radio broadcasting and sound and image methods or substances which represent a risk to life, broadcasting services with due regard to the principle the quality of life and the environment; of the complementary roles of private, public and state VI – promote environment education in all school le- systems. vels and public awareness of the need to preserve the Paragraph 1. The National Congress shall consider such environment; proposition in the period of time set forth in article 64, VII – protect the fauna and the flora, with prohibition, paragraphs 2 and 4, counted from the date of receipt in the manner prescribed by law, of all practices which of the message. represent a risk to their ecological function, cause the Paragraph 2. The non-renewal of the concession or per- extinction of species or subject animals to cruelty. mission shall depend on approval by at least two-fifths Paragraph 2. Those who exploit mineral resources shall of the National Congress, in nominal voting. be required to restore the degraded environment, in Paragraph 3. The granting or renewal shall only produce accordance with the technical solutions demanded by legal effects after approval by the National Congress, the competent public agency, as provided by law. as set forth in the preceding paragraphs. Paragraph 3. Procedures and activities considered as Paragraph 4. Cancellation of a concession or permission harmful to the environment shall subject the infractors, prior to its expiring date shall depend on a court decision. be they individuals or legal entities, to penal and admi- Paragraph 5. The term for a concession or permission nistrative sanctions, without prejudice to the obligation shall be ten years for radio stations and fifteen years to repair the damages caused. for television channels. Paragraph 4. The Brazilian Amazonian Forest, the Atlantic Article 224. For the purposes of the provisions of this Forest, the Serra do Mar, the Pantanal Mato-Grossense chapter, the National Congress shall institute, as an and the coastal zone are part of the national patrimony, auxiliary agency, the Social Communication Council, in and they shall be used, as provided by law, under condi- the manner prescribed by law. tions which ensure the preservation of the environment, therein included the use of mineral resources. CHAPTER VI – ENVIRONMENT Paragraph 5. The unoccupied lands or lands seized Article 225. All have the right to an ecologically balan- by the States through discriminatory actions which ced environment, which is an asset of common use are necessary to protect the natural ecosystems are and essential to a healthy quality of life, and both the inalienable.

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Paragraph 6. Power plants operated by nuclear reactor of training for a profession and for community life and shall have their location defined in federal law and may by means of enhanced access to communal facilities not otherwise be installed. and services, including the elimination of architectural barriers and all forms of discrimination. CHAPTER VII – FAMILY, CHILDREN, ADOLESCENTS, Paragraph 2. The law shall regulate construction stan- YOUNG PEOPLE AND ELDERLY (CA NO. 65, 2010) dards for public sites and buildings and for the manu- Article 226. The family, which is the foundation of facturing of public transportation vehicles, in order to society, shall enjoy special protection from the State. ensure adequate access to the handicapped. (CA No. 66, 2010) Paragraph 3. The right to special protection shall include Paragraph 1. Marriage is civil and the marriage ceremony the following aspects: is free of charge. I – minimum age of fourteen years for admission to work, Paragraph 2. Religious marriage has civil effects, in with due regard to the provisions of article 7, item XXXIII; accordance with the law. II – guarantee of social security and labour rights; Paragraph 3. For purposes of protection by the State, III – guarantee of access to school for adolescent and the stable union between a man and a woman is re- young workers; cognized as a family entity, and the law shall facilitate IV – guarantee of full and formal knowledge of the the conversion of such entity into marriage. determination of an offense, equal rights in the proce- Paragraph 4. The community formed by either parent and dural relationships and technical defense by a qualified their descendants is also considered as a family entity. professional, in accordance with the provisions of the Paragraph 5. The rights and the duties of marital society specific protection legislation; shall be exercised equally by the man and the woman. V – compliance with the principles of brevity, excep- Paragraph 6. Civil marriage may be dissolved by divorce. tionality and respect to the peculiar conditions of the Paragraph 7. Based on the principles of human dignity developing person, when applying any measures that and responsible parenthood, family planning is a free restrain freedom; choice of the couple, it being within the competence of VI – Government fostering, by means of legal assistan- the State to provide educational and scientific resources ce, tax incentives and subsidies, as provided by law, of for the exercise of this right, any coercion by official or the protection, through guardianship, of orphaned or private agencies being forbidden. abandoned children or adolescents; Paragraph 8. The State shall ensure assistance to the VII – preventive and specialized care programmes for family in the person of each of its members, creating children, adolescents, and young people addicted to mechanisms to suppress violence within the family. narcotics or related drugs. Paragraph 4. The law shall severely punish abuse, violence Article 227. It is the duty of the family, society, and the and sexual exploitation of children and adolescents. State to ensure children, adolescents, and young people, Paragraph 5. Adoption shall be assisted by the Gover- with absolute priority, the right to life, health, nourish- nment, as provided by law, which shall establish cases ment, education, leisure, professional training, culture, and conditions for adoption by foreigners. dignity, respect, freedom, and family and community Paragraph 6. Children born inside or outside wedlock or life, as well as to guard them from all forms of negli- adopted shall have the same rights and qualifications, gence, discrimination, exploitation, violence, cruelty, any discriminatory designation of their filiation being and oppression. (CA No. 65, 2010) forbidden. Paragraph 1. The State shall promote full health assis- Paragraph 7. In attending to the rights of children and tance programmes for children, adolescents, and young adolescents, the provisions of article 204 shall be taken people, the participation of non-governmental entities into consideration. being allowed, by means of specific policies and with Paragraph 8. The law shall establish: due regard to the following precepts: I – a young people’s statute, for the purpose of regu- I – allocation of a percentage of public health care funds lating young people’s rights; to mother and child assistance; II – a ten-year national plan for young people, aimed at II – creation of preventive and specialized care program- coordinating the work of the various levels of govern- mes for persons with physical, sensory, or mental disa- ment in the implementation of public policies. bilities, as well as programmes for the social integration of disabled adolescents and young people, by means

86 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition

Article 228. Minors under eighteen years of age may National Congress, it being guaranteed that, under any not be held criminally liable and shall be subject to the circumstances, the return shall be immediate as soon rules of the special legislation. as the risk ceases. Paragraph 6. Acts with a view to occupation, domain and Article 229. It is the duty of parents to assist, raise and possession of the lands referred to in this article or to educate their under-age children and it is the duty of the exploitation of the natural riches of the soil, rivers children of age to help and assist their parents in old- and lakes existing therein, are null and void, producing -age, need or sickness. no legal effects, except in case of relevant public inte- Article 230. It is the duty of the family, society and the rest of the Union, as provided by a supplementary law State, to assist the elderly, ensuring their participation and such nullity and voidness shall not create a right to in the community, defending their dignity and well-being indemnity or to sue the Union, except in what concerns and guaranteeing their right to life. improvements derived from occupation in good faith, Paragraph 1. Assistance programmes for the elderly in the manner prescribed by law. shall be carried out preferably within their homes. Paragraph 7. The provisions of article 174, paragraphs Paragraph 2. Those over sixty-five years of age are 3 and 4, shall not apply to Indian lands. guaranteed free urban public transportation. Article 232. The Indians, their communities and organiza- CHAPTER VIII – INDIANS tions have standing under the law to sue to defend their rights and interests, the Public Prosecution intervening Article 231. Indians shall have their social organization, in all the procedural acts. customs, languages, creeds and traditions recognized, as well as their original rights to the lands they tradi- TITLE IX – GENERAL CONSTITUTIONAL PROVISIONS tionally occupy, it being incumbent upon the Union to Article 233. (Revoked). (CA No. 28, 2000) demarcate them, protect and ensure respect for all of their property. Article 234. It is forbidden for the Union to assume, di- Paragraph 1. Lands traditionally occupied by Indians rectly or indirectly, as a result of the creation of a State, are those on which they live on a permanent basis, burdens related to expenses with inactive personnel those used for their productive activities, those in- and with charges and repayments of internal or foreign dispensable to the preservation of the environmental debt of the public administration, including those of resources necessary for their well-being and for their the indirect administration. physical and cultural reproduction, according to their Article 235. During the first ten years after the creation uses, customs and traditions. of a State the following basic rules shall be observed: Paragraph 2. The lands traditionally occupied by Indians I – the Legislative Assembly shall be composed of seven- are intended for their permanent possession and they teen Deputies if the population of the State is less than shall have the exclusive usufruct of the riches of the six hundred thousand inhabitants, and of twenty-four soil, the rivers and the lakes existing therein. Deputies if it is equal to or greater than this number, up Paragraph 3. Hydric resources, including energetic to one million and five hundred thousand inhabitants; potentials, may only be exploited, and mineral riches II – the Government shall have at most ten Secretariats; in Indian land may only be prospected and mined with III – the Audit Court shall have three members, appointed the authorization of the National Congress, after hea- by the elected Governor, among Brazilians of proven ring the communities involved, and the participation good repute and notable knowledge; in the results of such mining shall be ensured to them, IV – the Court of Justice shall have seven Judges; as set forth by law. V – the first Judges shall be appointed by the elected Paragraph 4. The lands referred to in this article are Governor, chosen in the following manner: inalienable and indisposable and the rights thereto a) five of them from among judges with more than are not subject to limitation. thirty-five years of age, in exercise within the Paragraph 5. The removal of Indian groups from their area of the new State or of the original one; lands is forbidden, except ad referendum of the National b) two of them from among public prosecutors, under Congress, in case of a catastrophe or an epidemic which the same conditions, and from among attorneys represents a risk to their population, or in the interest of proven good repute and legal knowledge, of the sovereignty of the country, after decision by the with at least ten years of professional practice,

87 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition

complying with the procedures set forth in this Article 237. The supervision and control of foreign trade, Constitution; which are essential to the defense of national financial VI – in the case of a State which originated from a interests, shall be exercised by the Ministry of Finance. federal Territory, the first five Judges may be chosen Article 238. The law shall organize the sale and resale from among judges from any part of the country; of petroleum-derived fuels, fuel alcohol and other fuels VII – in each judicial district the first Judge, the first derived from renewable raw-materials, respecting the Public Prosecutor and the first Public Defender shall principles of this Constitution. be appointed by the elected Governor after a public entrance examination of tests and presentation of Article 239. The revenues from contributions to the So- academic and professional credentials; cial Integration Program, created by the Supplementary VIII – until the promulgation of the State Constitution, Law number 7 of September 7, 1970, and to the Civil the offices of Attorney-General, Advocate-General and Servants Asset Development Programme, created by Defender-General shall be held by lawyers of notable the Supplementary Law number 8, of December 3, 1970, knowledge, with at least thirty-five years of age, appoin- shall, from the date of the promulgation of this Consti- ted by the elected Governor and removable ad nutum; tution, fund the unemployment insurance programme IX – if the new State results from the transformation and the bonus referred to in paragraph 3 of this article, of a federal Territory, the transfer of financial burden in the manner prescribed by law. from the Union for payment of opting civil servants Paragraph 1. At least forty percent of the funds mentioned who belonged to the Federal Administration, shall take in the head paragraph of this article shall be allocated place as follows: to finance economic development programmes, through a) in the sixth year after its creation, the State shall the National Economic and Social Development Bank, assume twenty percent of the financial burden for with remuneration criteria which preserve their value. the payment of the civil servants, the remainder Paragraph 2. The accrued assets of the Social Integration continuing as a responsibility of the Union; Programme and of the Civil Servants Asset Develop- b) in the seventh year, thirty percent shall be added ment Programme shall be preserved, maintaining the to the burden of the State and, in the eighth year, criteria for withdrawal in the situations provided for the remaining fifty percent; in specific laws, with the exception of withdrawal by X – the appointments subsequent to the first ones, for reason of marriage, it being forbidden the distribution the offices mentioned in this article, shall be regulated of the revenues referred to in the head paragraph of by the State Constitution; this article, for deposit in the personal accounts of the XI – the budgetary personnel expenses shall not exceed participants. fifty percent of the revenues of the State. Paragraph 3. Employees who receive monthly remuneration of up to two minimum wages from employers who Article 236. Notary and registration services shall be contribute to the Social Integration Programme and to exercised by private entities by Government delegation. the Civil Servants Asset Development Programme shall Paragraph 1. The law shall regulate the activities, disci- be ensured the annual payment of one minimum wage, pline the civil and criminal liability of notaries, registrars in which value the income of the individual accounts and their officials and define the supervision of their shall be computed, in the case of those who already acts by the Judicial Power. participated in such programmes before the date of Paragraph 2. Federal law shall set forth general rules for the promulgation of this Constitution. the establishment of the fees for the acts performed Paragraph 4. Funding of the unemployment insurance by notary and registration services. programme shall receive an additional contribution Paragraph 3. The entrance in notary and registration from companies in which employee turnover exceeds activities shall depend on a public entrance examination the average turnover rate of the sector, in the manner of tests and presentation of academic and professio- established by law. nal credentials, and an office shall not be permitted to remain vacant for more than six months, without Article 240. The present compulsory contributions cal- the opening of a public examination to fill it, either by culated on the payroll, made by employers, intended for appointment or transference. private social service and professional training entities linked to the labour union system, are excluded from the provisions of article 195.

88 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition

Article 241. The Union, the States, the Federal District, date of enactment of this amendment5 is forbidden. (CA and the Municipalities shall issue legislation to regulate No. 6, 1995; CA No. 7, 1995; CA No. 32, 2001) public syndicates and cooperation agreements bet- Article 247. The laws provided for in item III of paragraph ween members of the Federation, authorizing the joint 1 of article 41, and in paragraph 7 of article 169, shall management of public services, as well as the transfer, establish special criteria and guarantees for the loss in whole or in part, of charges, services, personnel, of office of a tenured public employee who, by virtue and goods essential to the continued rendering of the of the duties of his effective post, performs exclusive services transferred. (CA No. 19, 1998) activities of State. (CA No. 19, 1998) Article 242. The principle of article 206, item IV, shall Sole paragraph. In the event of insufficient performan- not apply to the official educational institutions created ce, the loss of office shall only take place by means of by state or Municipal law and in existence on the date an administrative proceeding in which the adversary of the promulgation of this Constitution, which are not system and ample defense are ensured. totally or predominantly maintained with public funds. Article 248. The benefits paid, under any auspices, by the Paragraph 1. The teaching of Brazilian history shall take agency in charge of the general social security scheme, into account the contribution of the different cultures and even if they are financed by the National Treasury, and ethnic groups to the formation of the Brazilian people. those benefits not subject to the maximum amount Paragraph 2. The Pedro II School, located in the city of stipulated for benefits granted by such scheme shall Rio de Janeiro, shall be maintained in the federal sphere. comply with the limits set forth in article 37, item XI. Article 243. Rural and urban properties in any region of (CA No. 20, 1998) the country where illegal plantations of psychotropic Article 249. For the purpose of securing monies for the plants are found or the exploitation of slave labour as payment of retirement pensions and other pensions defined by law is uncovered shall be expropriated and granted to their respective employees and their de- assigned to agrarian reform and to low-income housing pendents, in addition to the monies of their respective programs, with no indemnity to the owner and without treasuries, the Union, the States, the Federal District, prejudice to other sanctions set forth by law, with due and the Municipalities may establish funds, made up regard, when appropriate, for the provisions of article of monies arising from contributions, and of property, 5. (CA No. 81, 2014) rights, and assets of any kind, by means of a law that Sole paragraph. Any and all goods of economic value shall provide for the nature and the management of seized as a result of illegal traffic of narcotics and such funds. (CA No. 20, 1998) similar drugs and of the exploitation of slave labour shall be confiscated and reverted to a special fund for Article 250. For the purpose of securing monies for a specific purpose, as the law provides. the payment of benefits granted by the general social security scheme, in addition to the monies arising from Article 244. The law shall provide for the adaptation taxation, the Union may establish a fund made up of of presently existing sites and buildings of public use property, rights, and assets of any kind, by means of a and of the public transportation vehicles in order to law that shall provide for the nature and the manage- guarantee adequate access to the handicapped, as set ment of such a fund. (CA No. 20, 1998) forth in article 227, paragraph 2. Brasília, October 5, 1988. Article 245. The law shall provide for the cases and conditions in which the Government shall give assistance Ulysses Guimarães, President, Mauro Benevides, First to the needy heirs and dependents of victims of willful Vice-President, Jorge Arbage, Second Vice-President, crimes, without prejudice to the civil responsibility of Marcelo Cordeiro, First Secretary, Mário Maia, Second the perpetrator of the offense. Secretary, Arnaldo Faria de Sá, Third Secretary, Benedita da Silva, First Substitute Secretary, Luiz Soyer, Second Article 246. The adoption of a provisional measure for Substitute Secretary, Sotero Cunha, Third Substitute the regulation of any article of the Constitution the Secretary, Bernardo Cabral, Reporter-General, Adolfo wording of which has been altered by means of an Oliveira, Adjunct Reporter, Antonio Carlos Konder Reis, amendment enacted between January 1, 1995 and the Adjunct Reporter, José Fogaça, Adjunct Reporter.

5. Should read as “Constitutional Amendment No. 32, 2001”.

89 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition

Abigail Feitosa, Acival Gomes, Adauto Pereira, Ademir Fernando Lyra, Fernando Santana, Fernando Velasco, Andrade, Adhemar de Barros Filho, Adroaldo Streck, Firmo de Castro, Flavio Palmier da Veiga, Flávio Rocha, Adylson Motta, Aécio de Borba, Aécio Neves, Affonso Florestan Fernandes, Floriceno Paixão, França Teixeira, Camargo, Afif Domingos, Afonso Arinos, Afonso Sancho, Francisco Amaral, Francisco Benjamim, Francisco Agassiz Almeida, Agripino de Oliveira Lima, Airton Carneiro, Francisco Coelho, Francisco Diógenes, Francisco Cordeiro, Airton Sandoval, Alarico Abib, Albano Franco, Dornelles, Francisco Küster, Francisco Pinto, Francisco Albérico Cordeiro, Albérico Filho, Alceni Guerra, Alcides, Rollemberg, Francisco Rossi, Francisco Sales, Furtado Saldanha, Aldo Arantes, Alércio Dias, Alexandre Costa, Leite, Gabriel Guerreiro, Gandi Jamil, Gastone Righi, Alexandre Puzyna, Alfredo Campos, Almir Gabriel, Genebaldo Correia, Genésio Bernardino, Geovani Borges, Aloisio Vasconcelos, Aloysio Chaves, Aloysio Teixeira, Geraldo Alckmin Filho, Geraldo Bulhões, Geraldo Campos, Aluizio Bezerra, Aluízio Campos, Álvaro Antônio, Álvaro Geraldo Fleming, Geraldo Melo, Gerson Camata, Gerson Pacheco, Álvaro Valle, Alysson Paulinelli, Amaral Netto, Marcondes, Gerson Peres, Gidel Dantas, Gil César, Gilson Amaury Müller, Amilcar Moreira, Ângelo Magalhães, Machado, Gonzaga Patriota, Guilherme Palmeira, Anna Maria Rattes, Annibal Barcellos, Antero de Barros, Gumercindo Milhomem, Gustavo de Faria, Harlan Antônio Câmara, Antônio Carlos Franco, Antonio Carlos Gadelha, Haroldo Lima, Haroldo Sabóia, Hélio Costa, Mendes Thame, Antônio de Jesus, Antonio Ferreira, Hélio Duque, Hélio Manhães, Hélio Rosas, Henrique Antonio Gaspar, Antonio Mariz, Antonio Perosa, Antônio Córdova, Henrique Eduardo Alves, Heráclito Fortes, Salim Curiati, Antonio Ueno, Arnaldo Martins, Arnaldo Hermes Zaneti, Hilário Braun, Homero Santos, Humberto Moraes, Arnaldo Prieto, Arnold Fioravante, Arolde de Lucena, Humberto Souto, Iberê Ferreira, Ibsen Pinheiro, Oliveira, Artenir Werner, Artur da Távola, Asdrubal Inocêncio Oliveira, Irajá Rodrigues, Iram Saraiva, Irapuan Bentes, Assis Canuto, Átila Lira, Augusto Carvalho, Costa Júnior, Irma Passoni, Ismael Wanderley, Israel Áureo Mello, Basílio Villani, Benedicto Monteiro, Benito Pinheiro, Itamar Franco, Ivo Cersósimo, Ivo Lech, Ivo Gama, Beth Azize, Bezerra de Melo, Bocayuva Cunha, Mainardi, Ivo Vanderlinde, Jacy Scanagatta, Jairo Azi, Bonifácio de Andrada, Bosco França, Brandão Monteiro, Jairo Carneiro, Jalles Fontoura, Jamil Haddad, Jarbas Caio Pompeu, Carlos Alberto, Carlos Alberto Caó, Carlos Passarinho, Jayme Paliarin, Jayme Santana, Jesualdo Benevides, Carlos Cardinal, Carlos Chiarelli, Carlos Cavalcanti, Jesus Tajra, Joaci Góes, João Agripino, João Cotta, Carlos De’Carli, Carlos Mosconi, Carlos Sant’Anna, Alves, João Calmon, João Carlos Bacelar, João Castelo, Carlos Vinagre, Carlos Virgílio, Carrel Benevides, Cássio João Cunha, João da Mata, João de Deus Antunes, João Cunha Lima, Célio de Castro, Celso Dourado, César Cals Herrmann Neto, João Lobo, João Machado Rollemberg, Neto, César Maia, Chagas Duarte, Chagas Neto, Chagas João Menezes, João Natal, João Paulo, João Rezek, Rodrigues, Chico Humberto, Christóvam Chiaradia, Cid Joaquim Bevilácqua, Joaquim Francisco, Joaquim Hayckel, Carvalho, Cid Sabóia de Carvalho, Cláudio Ávila, Joaquim Sucena, Jofran Frejat, Jonas Pinheiro, Jonival Cleonâncio Fonseca, Costa Ferreira, Cristina Tavares, Lucas, Jorge Bornhausen, Jorge Hage, Jorge Leite, Jorge Cunha Bueno, Dálton Canabrava, Darcy Deitos, Darcy Uequed, Jorge Vianna, José Agripino, José Camargo, Pozza, Daso Coimbra, Davi Alves Silva, Del Bosco Amaral, José Carlos Coutinho, José Carlos Grecco, José Carlos Delfim Netto, Délio Braz, Denisar Arneiro, Dionisio Dal Martinez, José Carlos Sabóia, José Carlos Vasconcelos, Prá, Dionísio Hage, Dirce Tutu Quadros, Dirceu Carneiro, José Costa, José da Conceição, José Dutra, José Egreja, Divaldo Suruagy, Djenal Gonçalves, Domingos Juvenil, José Elias, José Fernandes, José Freire, José Genoíno, Domingos Leonelli, Doreto Campanari, Edésio Frias, José Geraldo, José Guedes, José Ignácio Ferreira, José Edison Lobão, Edivaldo Motta, Edme Tavares, Edmilson Jorge, José Lins, José Lourenço, José Luiz de Sá, José Valentim, Eduardo Bonfim, Eduardo Jorge, Eduardo Luiz Maia, José Maranhão, José Maria Eymael, José Moreira, Egídio Ferreira Lima, Elias Murad, Eliel Rodrigues, Maurício, José Melo, José Mendonça Bezerra, José Moura, Eliézer Moreira, Enoc Vieira, Eraldo Tinoco, Eraldo José Paulo Bisol, José Queiroz, José Richa, José Santana Trindade, Erico Pegoraro, Ervin Bonkoski, Etevaldo de Vasconcellos, José Serra, José Tavares, José Teixeira, Nogueira, Euclides Scalco, Eunice Michiles, Evaldo José Thomaz Nonô, José Tinoco, José Ulísses de Oliveira, Gonçalves, Expedito Machado, Ézio Ferreira, Fábio José Viana, José Yunes, Jovanni Masini, Juarez Antunes, Feldmann, Fábio Raunheitti, Farabulini Júnior, Fausto Júlio Campos, Júlio Costamilan, Jutahy Júnior, Jutahy Fernandes, Fausto Rocha, Felipe Mendes, Feres Nader, Magalhães, Koyu Iha, Lael Varella, Lavoisier Maia, Leite Fernando Bezerra Coelho, Fernando Cunha, Fernando Chaves, Lélio Souza, Leopoldo Peres, Leur Lomanto, Gasparian, Fernando Gomes, Fernando Henrique Cardoso, Levy Dias, Lézio Sathler, Lídice da Mata, Louremberg

90 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition

Nunes Rocha, Lourival Baptista, Lúcia Braga, Lúcia Figueiró, Ruberval Pilotto, Ruy Bacelar, Ruy Nedel, Sadie Vânia, Lúcio Alcântara, Luís Eduardo, Luís Roberto Hauache, Salatiel Carvalho, Samir Achôa, Sandra Ponte, Luiz Alberto Rodrigues, Luiz Freire, Luiz Gushiken, Cavalcanti, Santinho Furtado, Sarney Filho, Saulo Luiz Henrique, Luiz Inácio Lula da Silva, Luiz Leal, Luiz Queiroz, Sérgio Brito, Sérgio Spada, Sérgio Werneck, Marques, Luiz Salomão, Luiz Viana, Luiz Viana Neto, Severo Gomes, Sigmaringa Seixas, Sílvio Abreu, Simão Lysâneas Maciel, Maguito Vilela, Maluly Neto, Manoel Sessim, Siqueira Campos, Sólon Borges dos Reis, Stélio Castro, Manoel Moreira, Manoel Ribeiro, Mansueto de Dias, Tadeu França, Telmo Kirst, Teotonio Vilela Filho, Lavor, Manuel Viana, Márcia Kubitschek, Márcio Braga, Theodoro Mendes, Tito Costa, Ubiratan Aguiar, Ubiratan Márcio Lacerda, Marco Maciel, Marcondes Gadelha, Spinelli, Uldurico Pinto, Valmir Campelo, Valter Pereira, Marcos Lima, Marcos Queiroz, Maria de Lourdes Abadia, Vasco Alves, Vicente Bogo, Victor Faccioni, Victor Fontana, Maria Lúcia, Mário Assad, Mário Covas, Mário de Oliveira, Victor Trovão, Vieira da Silva, Vilson Souza, Vingt Rosado, Mário Lima, Marluce Pinto, Matheus Iensen, Mattos Vinicius Cansanção, Virgildásio de Senna, Virgílio Galassi, Leão, Maurício Campos, Maurício Correa, Maurício Virgílio Guimarães, Vitor Buaiz, Vivaldo Barbosa, Vladimir Fruet, Maurício Nasser, Maurício Pádua, Maurílio Ferreira Palmeira, Wagner Lago, Waldec Ornélas, Waldyr Pugliesi, Lima, Mauro Borges, Mauro Campos, Mauro Miranda, Walmor de Luca, Wilma Maia, Wilson Campos, Wilson Mauro Sampaio, Max Rosenmann, Meira Filho, Melo Martins, Ziza Valadares. Freire, Mello Reis, Mendes Botelho, Mendes Canale, PARTICIPANTS: Álvaro Dias, Antônio Britto, Bete Mendes, Mendes Ribeiro, Messias Góis, Messias Soares, Michel Borges da Silveira, Cardoso Alves, Edivaldo Holanda, Temer, Milton Barbosa, Milton Lima, Milton Reis, Miraldo Expedito Júnior, Fadah Gattass, Francisco Dias, Geovah Gomes, Miro Teixeira, Moema São Thiago, Moysés Amarante, Hélio Gueiros, Horácio Ferraz, Hugo Napoleão, Pimentel, Mozarildo Cavalcanti, Mussa Demes, Myrian Iturival Nascimento, Ivan Bonato, Jorge Medauar, José Portella, Nabor Júnior, Naphtali Alves de Souza, Narciso Mendonça de Morais, Leopoldo Bessone, Marcelo Mi- Mendes, Nelson Aguiar, Nelson Carneiro, Nelson Jobim, randa, Mauro Fecury, Neuto de Conto, Nivaldo Machado, Nelson Sabrá, Nelson Seixas, Nelson Wedekin, Nelton Oswaldo Lima Filho, Paulo Almada, Prisco Viana, Ralph Friedrich, Nestor Duarte, Ney Maranhão, Nilso Sguarezi, Biasi, Rosário Congro Neto, Sérgio Naya, Tidei de Lima. Nilson Gibson, Nion Albernaz, Noel de Carvalho, Nyder IN MEMORIAM: Alair Ferreira, Antônio Farias, Fábio Barbosa, Octávio Elísio, Odacir Soares, Olavo Pires, Lucena, Norberto Schwantes, Virgílio Távora. Olívio Dutra, Onofre Corrêa, Orlando Bezerra, Orlando Pacheco, Oscar Corrêa, Osmar Leitão, Osmir Lima, Osmundo Rebouças, Osvaldo Bender, Osvaldo Coelho, Osvaldo Macedo, Osvaldo Sobrinho, Oswaldo Almeida, Oswaldo Trevisan, Ottomar Pinto, Paes de Andrade, Paes Landim, Paulo Delgado, Paulo Macarini, Paulo Marques, Paulo Mincarone, Paulo Paim, Paulo Pimentel, Paulo Ramos, Paulo Roberto, Paulo Roberto Cunha, Paulo Silva, Paulo Zarzur, Pedro Canedo, Pedro Ceolin, Percival Muniz, Pimenta da Veiga, Plínio Arruda Sampaio, Plínio Martins, Pompeu de Sousa, Rachid Saldanha Derzi, Raimundo Bezerra, Raimundo Lira, Raimundo Rezende, Raquel Cândido, Raquel Capiberibe, Raul Belém, Raul Ferraz, Renan Calheiros, Renato Bernardi, Renato Johnsson, Renato Vianna, Ricardo Fiuza, Ricardo Izar, Rita Camata, Rita Furtado, Roberto Augusto, Roberto Balestra, Roberto Brant, Roberto Campos, Roberto D’Ávila, Roberto Freire, Roberto Jefferson, Roberto Rollemberg, Roberto Torres, Roberto Vital, Robson Marinho, Rodrigues Palma, Ronaldo Aragão, Ronaldo Carvalho, Ronaldo Cezar Coelho, Ronan Tito, Ronaro Corrêa, Rosa Prata, Rose de Freitas, Rospide Netto, Rubem Branquinho, Rubem Medina, Ruben

91 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition

TEMPORARY CONSTITUTIONAL Paragraph 2. In the absence of a specific legal rule, it PROVISIONS ACT shall be incumbent upon the Superior Electoral Court to issue the rules required to hold the 1988 elections, Article 1. The President of the Republic, the President with due regard for the laws in force. of the Federal Supreme Court and the members of Paragraph 3. Present Federal Congressmen and State the National Congress shall take an oath to maintain, Representatives elected for the office of Vice-Mayor, defend and comply with the Constitution, upon and on if called to exercise the office of Mayor, shall not lose the date of the promulgation thereof. their parliamentary office. Paragraph 4. The number of Councilmen per Municipa- Article 2. On September 7, 1993, the voters shall define, lity shall be determined, for the representation to be through a plebiscite, the form (republic or constitutional elected in 1988, by the respective Regional Electoral monarchy) and system of government (parliamentary Court, with due regard for the limits established in or presidential) to be in force in Brazil.6 article 29, item IV, of the Constitution. Paragraph 1. The free diffusion of these forms and Paragraph 5. For the elections to be held on November systems through public utility mass communication 15, 1988, except for those who already hold an elective vehicles shall be free of charge. office, the spouse and relatives by blood or marriage Paragraph 2. The Superior Electoral Court shall, upon up to the second degree or relatives by adoption of the promulgation of the Constitution, issue the regulatory President of the Republic, of a State Governor, or the rules for this article. Governor of the Federal District and of a Mayor who Article 3. The revision of the Constitution shall be ef- have served more than half of their term of office, are fected after five years as of its promulgation, by the ineligible for any office within the jurisdiction of the vote of the absolute majority of the members of the office holder. National Congress in a unicameral session. Article 6. Federal Congressmen may, during the six Article 4. The term of office of the incumbent President months following the promulgation of the Constitution, of the Republic shall end on March 15, 1990. and forming a group of at least thirty, request from Paragraph 1. The first election for President of the the Superior Electoral Court the registration of a new Republic after promulgation of the Constitution shall political party, the petition to be accompanied by the be held on November 15, 1989, and the provisions of respective manifest, the by-laws and the programme article 16 of the Constitution shall not apply thereto. duly signed by the petitioners. Paragraph 2. The irreducibility of the present repre- Paragraph 1. The provisional registration, which shall sentation of the States and the Federal District in the be promptly granted by the Superior Electoral Court, Chamber of Deputies is ensured. according to this article, grants to the new party all Paragraph 3. The terms of office of the Governors and rights, duties and prerogatives of the existing parties, of the Vice-Governors elected on November 15, 1986 among which the right to take part, under its own name, shall end on March 15, 1991. in the elections to be held during the twelve months Paragraph 4. The terms of office of the present Mayors, following its formation. Vice-Mayors and City Councilmen shall end on January Paragraph 2. The new party shall automatically lose its 1, 1989, with the inauguration of those elected. provisional registration if, within twenty-four months of its formation, it fails to obtain the final registration Article 5. The provisions of article 16 and the rules of at the Superior Electoral Court, as established by law. article 77 of the Constitution do not apply to the elections scheduled for November 15, 1988. Article 7. Brazil shall strive for the creation of an inter- Paragraph 1. For the elections of November 15, 1988, national court of human rights. an electoral domicile in the electoral district of at least Article 8. Amnesty is granted to those who, during the four months prior to the election shall be required, and period from September 18, 1946, to the date the Cons- the candidates who fulfill this requirement and satisfy titution is promulgated, have been affected, exclusively the other legal requisites may register with the Electoral for political reasons, by institutional or supplementary Courts after the Constitution is promulgated. acts of exception, to those encompassed in Legislative Decree No. 18, of December 15, 1961, and to those af- 6. Please refer to CA No. 2, 1992. fected by Decree-Law No. 846, of September 12, 1969,

92 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition ensuring the promotions, in their inactivity, to the office, provided that they prove that such acts were marked position or rank to which they would be entitled if they by gross flaws. were in active service, with due regard for the periods Sole paragraph. The Federal Supreme Court shall proof continuous activity set forth in laws and regulations nounce its decision within one hundred and twenty days in force, respecting the characteristics and peculiarities as from the request of the interested party. of the careers of civil and military public servants and Article 10. Until the supplementary law referred to in complying with the respective legal regimes. article 7, item I, of the Constitution is promulgated: Paragraph 1. The provisions of this article shall only I – the protection referred to therein is limited to the generate financial effects as from the promulgation of increase, to four times, of the percentage set forth in the Constitution, any kind of retroactive compensation article 6, head paragraph and paragraph 1, of the Law being forbidden. No. 5,1077 of September 13, 1966; Paragraph 2. The benefits established in this article II – arbitrary dismissal or dismissal without just cause are ensured to workers of the private sector, union of- is prohibited: ficers and representatives who, for exclusively political a) of an employee elected to an executive office of reasons, have been punished, dismissed or compelled internal accident prevention committees, from to leave the remunerated activities they had been per- the date of the registration of his candidacy to forming, as well as to those who have been prevented one year after the end of his term of office; from performing their professional activities by virtue b) of a pregnant employee, from the date the preg- of ostensive pressures or secret official procedures. nancy is confirmed to five months after delivery. Paragraph 3. Reparation of economic nature shall be Paragraph 1. Until such time as the law shall regulate granted, as set forth by a law to be proposed by the the provisions of article 7, item XIX, of the Constitution, National Congress and to become effective within the period of paternity leave referred to in the item is twelve months counted from the promulgation of the of five days. Constitution, to citizens who were prevented from per- Paragraph 2. Until further legal provisions are established, forming, as civilians, a specific professional activity by the contributions to fund the activities of rural unions virtue of Reserved Ordinances of the Ministry of the Air shall be collected together with the rural property tax, Force No. S-50-GM5 of June 19, 1964, and No. S-285-GM5. by the same collecting agency. Paragraph 4. To those who, by virtue of institutional Paragraph 3. Upon the first proof of fulfillment of labour acts, have gratuitously exercised elective offices of obligations by rural employers, as established by article city councilmen, the respective periods shall be com- 2338, after the promulgation of the Constitution, the puted for purposes of social security and retirement conformity of the contract to the law and of the cor- from civil service. rection of the labour obligations over the entire period Paragraph 5. The amnesty granted under this article shall be certified before the Labour Courts. applies to civil servants and to employees at all levels of government or at its foundations, state-owned Article 11. Each Legislative Assembly endowed with companies or mixed-capital companies under state constituent powers, shall draft the State Constitution control, except in the military Ministries, who have within one year as from the promulgation of the Federal been punished or dismissed from professional activities Constitution, with due regard for the principles of the interrupted by decision of their employees, as well as latter. by virtue of Decree-Law No. 1,632, of August 4, 1978, Sole paragraph. After the promulgation of the State or for exclusively political reasons, the readmission of Constitution, it shall be incumbent upon the City Council, those affected as from 1979 being ensured, with due within six months, to vote the respective Organic Law, regard for the provisions of paragraph 1. in two rounds of discussion and voting, with due regard for the provisions of the federal and State Constitutions. Article 9. Those who, for exclusively political reasons, were disfranchised or had their political rights suspended Article 12. Within ninety days of the promulgation of during the period from July 15 to December 31, 1969, the Constitution, a Land Studies Committee shall be by an act of the then President of the Republic, may created, with ten members nominated by the National request the Federal Supreme Court to acknowledge the Congress and five members by the Executive Power, rights and advantages interrupted by the punitive acts, 7. Revoked by Act No. 7,839, 1989, which was in turn revoked by Act No. 8,036, 1990. 8. Article 233 was revoked by CA No. 28, 2000.

93 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition for the purpose of submitting studies concerning the the promulgation of the Constitution, but not before national territory and draft bills regarding new Territorial November 15, 1988, at the discretion of the Superior units, particularly in the Legal Amazonian Region and Electoral Court, with due regard, among others, for the in areas pending solution. following rules: Paragraph 1. Within one year the Committee shall submit I – the deadline for affiliation of the candidates to the the results of its studies to the National Congress so parties shall end seventy-five days prior to the date that, in accordance with the Constitution, such studies of the elections; may be examined during the twelve subsequent mon- II – the dates for the regional party conventions for ths, the committee being dissolved shortly thereafter. the purpose of deciding upon coalitions and choice of Paragraph 2. The States and the Municipalities shall, candidates, for the presentation of the application for within three years of the promulgation of the Consti- registration of the candidates chosen and for the other tution, provide, by agreement or adjustment, for the legal procedures shall be determined by the Electoral demarcation of their borders presently in litigation, Courts in a special schedule; and they may for such purpose effect area alterations III – the holders of State or Municipal offices who have and compensations which allow for natural features, not left such offices on a definitive basis seventy-five historical criteria, administrative ease and convenience days prior to the date of the elections provided for in of the bordering populations. this paragraph shall be ineligible; Paragraph 3. At the request of the interested states IV – the present regional committees of the political and Municipalities, the Union may undertake the de- parties of the State of Goiás are maintained, it being marcation work. incumbent upon the national executive committees Paragraph 4. If, three years after the promulgation of to appoint provisional committees for the State of the Constitution, the demarcation work has not been Tocantins, in accordance with and for the purposes completed, the Union shall determine the borders of established by law. the areas under litigation. Paragraph 4. The terms of office of Governor, Vice-Gover- Paragraph 5. The present borders of the State of Acre nor and Federal and State Deputies elected in accordance with the States of Amazonas and Rondônia are hereby with the preceding paragraph shall end concurrently recognized and ratified according to cartographic and with those of the other units of the Federation; the geodesic surveys conducted by the Tripartite Commit- term of office of the least voted elected Senator shall tee formed by representatives of the States and of the end on the same occasion and the terms of office of specialized technical services of the Brazilian Institute the other two Senators shall end together with those of Geography and Statistics. of the Senators elected in 1986 in the other States. Paragraph 5. The State Constituent Assembly shall be Article 13. The State of Tocantins is created by separation installed on the forty-sixth day as from the election of of the area described in this article and its installation its members, but not before January 1, 1989, under the shall occur on the forty-sixth day after the election pro- chairmanship of the President of the Regional Electoral vided for in paragraph 3, but not before January 1, 1989. Court of the State of Goiás, and shall on the same date Paragraph 1. The State of Tocantins is part of the Northern inaugurate the elected Governor and Vice-Governor. Region and borders with the State of Goiás along the Paragraph 6. The legal rules regulating the division of northern boundaries of the Municipalities of São Miguel the State of Mato Grosso shall apply, where appropriate, do Araguaia, Porangatu, Formoso, Minaçu, Cavalcante, to the creation and installation of the State of Tocantins Monte Alegre de Goiás and Campos Belos, maintaining with due regard for the provisions of article 234 of the the present eastern, northern and western borders of Constitution. Goiás with the States of Bahia, Piauí, Maranhão, Pará Paragraph 7. The State of Goiás shall be released from and Mato Grosso. debts and burdens resulting from undertakings within Paragraph 2. The Executive Power shall designate one the territory of the new State, and the Union is autho- of the cities of the State as its provisional capital until rized, at its discretion, to take over such debts. such time as the final seat of government is approved by the Constituent Assembly. Article 14. The federal Territories of Roraima and of Paragraph 3. The Governor, the Vice-Governor, the Amapá are transformed into federated States, their Senators and the Federal and State Deputies shall be present geographic borders being maintained. elected, in a single voting, within seventy-five days after

94 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition

Paragraph 1. The installation of the States shall occur military physician in the direct or indirect government upon the inauguration of the governors elected in 1990. administration. Paragraph 2. The rules and criteria adopted for the Paragraph 2. The cumulative occupation of two offices creation of the State of Rondônia shall apply to the or jobs reserved for health professionals is ensured if transformation and installation of the States of Roraima held in the direct or indirect government administration. and Amapá, with due regard for the provisions of the Article 18. The legal effects of any legislative or ad- Constitution and of this Act. ministrative act drawn up as of the installation of the Paragraph 3. The President of the Republic shall, within National Constituent Assembly, with the objective of forty-five days of the promulgation of the Constitution, granting tenure to a public servant admitted without submit for examination by the Federal Senate the a public entrance examination to the direct or indirect names of the governors of the States of Roraima and administration, including the foundations instituted and Amapá who shall exercise the Executive Power until maintained by the Government, shall be extinguished. the new States are installed with the inauguration of the elected Governors. Article 19. Civil public servants of the Union, the States, Paragraph 4. Until the transformation into States is the Federal District and the Municipalities, of the direct effected according to this article, the federal Territo- administration, autonomous government entities and ries of Roraima and Amapá shall enjoy the benefits government foundations, who, on the date of promul- of transfer of funds provided for in article 159, item I, gation of the Constitution, have been in office for at subitem a, of the Constitution and article 34, paragraph least five continuous years, and who have not been 2, item II, of this Act. admitted as established in article 37 of the Constitu- tion, are deemed to have tenure in the public service. Article 15. The federal Territory of Fernando de Noronha Paragraph 1. The period of service of the civil servants is extinguished and its area reincorporated into the referred to in this article shall be considered as a cre- State of Pernambuco. dential when they take a competitive examination for Article 16. Until the provisions of article 32, paragraph the purpose of acquiring tenure, as set forth by law. 2, of the Constitution are implemented, it shall be in- Paragraph 2. The provisions of this article do not apply cumbent upon the President of the Republic, with the to the holders of trust or commission functions and jobs approval of the Federal Senate, to appoint the Governor nor to those who are legally subject to free discharge, and Vice-Governor of the Federal District. whose period of service shall not be computed for the Paragraph 1. The authority of the Legislative Chamber purposes of the head paragraph of this article, exception of the Federal District shall, until such time as it is being made for public servants. installed, be exercised by the Federal Senate. Paragraph 3. The provisions of this article shall not Paragraph 2. The accounting, financial, budgetary, apply to higher education professors as set forth by law. operational and property supervision of the Federal Article 20. Within one hundred and eighty days, the District shall, until such time as the Legislative Chamber rights of inactive public servants and pensioners shall is installed, be carried out by the Federal Senate, by be revised and the income and pensions owed to them means of external control, with the assistance of the shall be updated in order to adjust them to the provi- Audit Court of the Federal District, with due regard for sions of the Constitution. the provisions of article 72 of the Constitution. Paragraph 3. The assets of the Federal District shall Article 21. Judges vested in office for a limited period include those which may be assigned to it by the Union of time, who have been admitted by means of a public as established by law. entrance examination of tests and presentation of academic and professional credentials and who are Article 17. Earnings, compensation, advantages and in office on the date this Constitution is promulgated, additional pay, as well as retirement pensions which shall achieve tenure with due regard for the probation are being received in disagreement with this Constitu- period and they shall be included in a special job class tion, shall be reduced immediately to the limits arising to be terminated, maintaining the authority, prerogatives therefrom, it not being allowed, in this case, to invoke a and restrictions of the laws to which they were subject, vested right or receipt of excess on any account. except for those inherent to the temporary nature of Paragraph 1. It is ensured the cumulative occupa- their investiture. tion of two medical offices or jobs that are held by a

95 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition

Sole paragraph. The retirement of the judges referred Paragraph 2. The decree-laws issued between September to in this article shall be regulated by the rules esta- 3, 1988 and the date of the promulgation of the Consti- blished for other State judges. tution shall be converted on such date into provisional measures, with the rules established in article 62, Sole Article 22. Public defenders vested in office before the paragraph10, being applied thereto. date of installation of the National Constituent Assembly are ensured the right to opt for the career, complying Article 26. Within one year of promulgation of the Cons- with the guarantees and prohibitions set forth in article titution, the National Congress shall effect, through a 134, Sole paragraph9, of the Constitution. joint committee, an analytical and expert examination of the acts and facts which generate the Brazilian fo- Article 23. Until such time as the regulations of article reign indebtedness. 21, item XVI, of the Constitution are issued, the present Paragraph 1. The Committee shall have the legal au- holders of the office of federal censor shall continue thority of a parliamentary investigation committee for to exercise functions compatible with such office in purposes of requisition and summons, and shall act the Federal Police Department, with due regard for the with the assistance of the Federal Audit Court. constitutional provisions. Paragraph 2. If irregularities are found, the National Sole paragraph. Such law shall provide for the reassig- Congress shall propose that the Executive Power de- nment of the Federal Censors as set forth in this article. clare the act null and void and shall forward the case Article 24. The Union, the States, the Federal District and to the Federal Public Prosecution, which shall take the the Municipalities shall issue laws establishing criteria appropriate action within sixty days. to make their staffs compatible with the provisions of Article 27. The Superior Court of Justice shall be installed article 39 of the Constitution and with the administrati- under the Presidency of the Federal Supreme Court. ve reorganization resulting therefrom, within eighteen (CA No. 73, 2013) months as from the promulgation of the Constitution. Paragraph 1. Until such time as the Superior Court of Article 25. As of one hundred and eighty days after the Justice is installed, the Federal Supreme Court shall promulgation of the Constitution, such period being perform the duties and responsibilities defined in the subject to extension by law, all legal provisions which previous constitutional order. confer on or delegate to an agency of the Executive Paragraph 2. The initial composition of the Superior Power authority assigned to the National Congress Court of Justice shall be obtained: by the Constitution shall be revoked, especially those I – by reassignment of Justices of the Federal Court of referring to: Appeals; I – normative action; II – by appointment of the Justices required to complete II – allocation or transfer of funds of any kind. the number established in the Constitution. Paragraph 1. The decree-laws pending before the Na- Paragraph 3. For the purposes of the Constitution, the tional Congress and not examined by it before the present Justices of the Federal Court of Appeals shall Constitution is promulgated shall have their effects be considered as belonging to the class they came from regulated as follows: at the time of their appointment. I – if issued up to September 2, 1988, they shall be exa- Paragraph 4. Once the Court has been installed, the mined by the National Congress within one hundred and retired Justices of the Federal Court of Appeals shall eighty days as from the date of the promulgation of the automatically become retired Justices of the Superior Constitution, not counting the parliamentary recess; Court of Justice. II – if the time limit defined in the preceding item elapses Paragraph 5. The Justices referred to in paragraph 2, without the decree-laws mentioned therein having been item II, shall be nominated in a triple list by the Federal examined, they shall be considered rejected; Court of Appeals, with due regard for the provisions of III – in the cases defined in items I and II, the acts article 104, Sole paragraph, of the Constitution. performed during the effectiveness of the respective Paragraph 6. Five Federal Regional Courts of Justice decree-laws shall be fully valid and the National Congress are hereby created, to be installed within six months may, if necessary, legislate on their remaining effects. of the promulgation of the Constitution, with the jurisdiction and seat assigned to them by the Federal Court

9. Should read as “paragraph 1”, by virtue of the provisions of CA No. 45, 2004. 10. Should read as “paragraphs 3 and 7”, by virtue of the provisions of CA No. 32, 2001.

96 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition of Appeals, taking into account the number of lawsuits Advocacy-General of the Union are approved, the Federal and their geographical location. Public Prosecution, the Office of the Attorney-General Paragraph 7. Until such time as the Federal Regional of the National Treasury, the Legal Consultancies of the Courts of Justice are installed, the Federal Court of Ministries, the Prosecution and Legal Departments of Appeals shall exercise the authority attributed to them the federal autonomous government agencies having throughout the national territory, it being incumbent their own representation, and the members of the upon it their installation and nomination of candidates Prosecution Offices of public foundation universities for all initial offices by means of a triple list which may shall continue to conduct their activities within their include federal judges of any region, with due regard respective incumbencies. for the provisions of paragraph 9. Paragraph 1. The President of the Republic shall, within Paragraph 8. As from promulgation of the Constitution, one hundred and twenty days, submit to the National it is forbidden to fill vacant offices of Justices of the Congress a bill of supplementary law dealing with the Federal Court of Appeals. organization and operation of the Advocacy-General Paragraph 9. If there is no federal judge with the mini- of the Union. mum period of service set forth in article 107, item II, Paragraph 2. The present Prosecutors of the Republic of the Constitution, the promotion may be granted to may, in accordance with the supplementary law, opt a judge with less than five years of office. irrevocably between the careers of the Federal Public Paragraph 10. It is incumbent upon the Federal Courts Prosecution and of the Advocacy-General of the Union. to judge the lawsuits filed therein until such time as the Paragraph 3. A member of the Public Prosecution ad- Constitution is promulgated, and the Federal Regional mitted prior to the promulgation of the Constitution Courts as well as the Superior Court of Justice shall may opt for the previous regime insofar as guarantees judge the actions to overrule the final judgements ren- and advantages are concerned, with due regard, as to dered until then by the Federal Courts, including those prohibitions, for the legal status on the date of such which refer to matters for which competence has been promulgation. transferred to another branch of the Judicial Power. Paragraph 4. The present members of the supplementary Paragraph 11. The following Federal Regional Courts of staff of the Labour and Military Public Prosecutions, who Justice are also hereby created: the Federal Regional have acquired tenure in these functions, shall belong Court of the 6th Region, with seat in Curitiba, State of to the staff of the respective career. Paraná, and jurisdiction over the States of Paraná, Santa Paragraph 5. It is incumbent upon the present Office of Catarina, and Mato Grosso do Sul; the Federal Regional the Attorney-General of the National Treasury, directly Court of the 7th Region, with seat in Belo Horizonte, State or by delegation, which may be made to the State of Minas Gerais, and jurisdiction over the State of Minas Public Prosecution, to represent the Union in court in Gerais; the Federal Regional Court of the 8th Region, lawsuits of a fiscal nature, in their respective spheres with seat in Salvador, state of Bahia, and jurisdiction of authority, until such time as the supplementary laws over the States of Bahia and Sergipe; and the Federal set forth in this article are promulgated. Regional Court of the 9th Region, with seat in Manaus, Article 30. The legislation which creates the justiceship State of Amazonas, and jurisdiction over the States of of the peace shall maintain the present judges of the Amazonas, Acre, Rondônia, and Roraima. peace until the new judges take office, ensuring them Article 28. The federal judges referred to in article 123, the rights and duties conferred on the latter and shall paragraph 2, of the Constitution of 1967, with the wording establish the date for the election provided for in article given by the Constitutional Amendment No. 7 of 1977, 98, item II, of this Constitution. shall be vested in office in courts of the judiciary section Article 31. The clerical offices of the judicial courts, as for which they were appointed or designated; if there defined in law, shall be brought under State control, are no vacancies, the existing courts shall be divided. with due regard for the rights of the present clerks. Sole paragraph. For purposes of promotion for seniority, the period of service of such judges shall be computed Article 32. The provisions of article 236 shall not apply as from the day of their taking of office. to notary and registration services which have already been made official by the Government, with due regard Article 29. Until such time as the supplementary for the rights of their servants. laws relating to the Public Prosecution and to the

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Article 33. With the exception of credits for alimony, the Municipalities may issue the laws which are necessary amount due by virtue of court orders for which payment for the application of the national tax system establi- is outstanding on the date of the promulgation of the shed therein. Constitution, therein included remaining interests and Paragraph 4. The laws issued in accordance with the adjustment for inflation, may be paid in legal tender, preceding paragraph produce effects as from the date with readjustments, in equal and successive annual the national tax system set forth in the Constitution installments, within eight years at the most, counted becomes effective. from July 1, 1989, in accordance with a decision by the Paragraph 5. Once the new national tax system is in Executive Power within one hundred and eighty days force, the application of the preceding legislation shall of the promulgation of the Constitution. be ensured in that in which it is not incompatible with Sole paragraph. In order to comply with the provisions the new system and with the legislation referred to in of this article, the debtor entities may issue, each year, paragraphs 3 and 4. for the exact amount of the expenditure, public debt Paragraph 6. Until December 31, 1989, the provisions bonds which shall not be computed for purposes of of article 150, item I, subitem b, shall not apply to the determining the total limit of indebtedness. taxes referred to in articles 155, item I, subitem a and b,11 and 156, items II and III,12 which may be collected Article 34. The national tax system shall become ef- thirty days after the publication of the law which has fective on the first day of the fifth month following instituted or increased them. the promulgation of the Constitution, and until then, Paragraph 7. Until the maximum rates of the Municipal the system set forth in the 1967 Constitution, with the tax on retail sales of liquid and gaseous fuels have been wording provided by Amendment number 1 of 1969 and established in a supplementary law, such rates shall by the subsequent ones, shall be maintained. not exceed three percent. Paragraph 1. With the promulgation of this Constitu- Paragraph 8. If, within sixty days counted from the tion, articles 148, 149, 150, 154, item I, 156, item III and promulgation of the Constitution, the supplementary 159, item I, subitem c, shall become effective, with all law required for the institution of the tax referred to in provisions to the contrary in the 1967 Constitution and article 155, item I, subitem b,13 has not been issued, the in the amendments which modified it, especially its States and the Federal District, by means of an agreement article 25, item III, being revoked. concluded in the manner set forth in Supplementary Paragraph 2. The Participation Fund of the States and Law No. 24 of January 7, 1975, shall establish the rules the Federal District, and the Revenue Sharing Fund of the to regulate the matter provisionally. Municipalities shall obey the following determinations: Paragraph 9. Until a supplementary law provides for I – from the date of the promulgation of the Constitu- the matter, electric power distribution companies, in tion, the percentages shall be, respectively, of eighteen the capacity of taxpayers or of substitute taxpayers, percent and twenty percent, calculated on the proceeds shall be liable, when the product leaves their facilities, from the collection of the taxes referred to in article even if the destination is another unit of the federation, 153, items III and IV, the present apportionment criteria for the payment of the tax on the circulation of goods being maintained until the supplementary law referred levied on electric power, from production or importation to in article 161, item II becomes effective; to the last operation, such tax being calculated on the II – the percentage referring to the Participation Fund price charged on the occasion of the final operation, of the States and the Federal District shall be increased its collection being ensured to the State or the Federal by one percent in the fiscal year of 1989 and, as from District, depending on the place where such operation and including 1990, by one half of one percent per fis- occurs. cal year until and including 1992, reaching in 1993 the Paragraph 10. Until the law provided by article 159, item percentage established in article 159, itemI, subitem a; I, subitem c, which shall be promulgated by December III – the percentage referring to the Participation Fund 31, 1989, becomes effective, the application of the of the Municipalities, as from and including 1989 shall funds set forth in that provision shall be ensured in be increased by one half of one percent per fiscal year the following manner: until it reaches the limit established in article 159, item, subitem b. 11. Should read as “155, items I, and II”, by virtue of the provisions of.CA No. 3, 1993. Paragraph 3. Upon the promulgation of this Constitu- 12. The original wording of article 156, item III was revoked by CA No. 3, 1993. tion, the Union, the States, the Federal District and the 13. Should read as “155, item II”, by virtue of the provisions of.CA No. 3, 1993.

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I – six-tenths of one percent in the Northern Region, III – the budget bill of the Union shall be forwarded through the Banco da Amazônia S.A.; not less than four months before the end of the fiscal II – one and eight-tenths percent in the Northeastern year, and returned for sanction before the end of the Region, through the Banco do Nordeste do Brasil S.A.; legislative session. III – six-tenths of one percent in the Centre-West Region, Article 36. The funds existing on the day the Constitu- through the Banco do Brasil S.A. tion is promulgated, except for those resulting from Paragraph 11. The Centre-West Development Bank is tax exemptions which become private property and hereby created, in the manner established by law, in those which are of interest to national defense, shall order to comply, within that region, with the provisions be extinguished if they are not ratified by the National of articles 159, item I, subitem c, and 192, paragraph Congress within two years. 214, of the Constitution. Paragraph 12. The urgency provided by article 148, item Article 37. Adaptation to the provisions of article 167, II, shall not preclude the collection of the compulsory item III, shall be made within the period of five years, loan instituted for the benefit of the Centrais Elétricas the excess being reduced at a rate of at least one-fifth Brasileiras S.A. (Eletrobrás) by Law No. 4,156 of No- per year. vember 28, 1962, with the subsequent amendments. Article 38. Until the promulgation of the supplementary Article 35. The provisions of article 165, paragraph 7, law referred to in article 169, the Union, the States, the shall be complied with progressively, over a period of Federal District and the Municipalities shall not spend ten years, the funds being distributed among the ma- more than sixty-five percent of the amount of the res- cro-economic regions in proportion to their population, pective current revenues on personnel. based on the situation verified for the 1986/1987 period. Sole paragraph. The Union, the States, the Federal Dis- Paragraph 1. In the application of the criteria referred trict and the Municipalities, whenever the respective to in this article, the total expenses shall exclude ex- expenditure with personnel exceeds the limit establi- penses for: shed in this article, shall return to such limit, reducing I – projects considered as priorities in the pluriannual the excess percentage at a rate of one-fifth per year. plan; Article 39. For purposes of compliance with the consti- II – national security and defense; tutional provisions which involve variations of expenses III – maintenance of the federal agencies in the Federal and revenues of the Union, after the promulgation of District; the Constitution, the Executive Power shall draw up and IV – the National Congress, the Federal Audit Court and the Legislative Power shall examine a bill of review of the Judicial Power; the budgetary law referring to the fiscal year of 1989. V – the servicing of the debt of the direct and indirect Sole paragraph. The National Congress shall vote within administration of the Union, including foundations twelve months the supplementary law provided by instituted and maintained by the Federal Government. article 161, item II. Paragraph 2. Until the supplementary law referred to in article 165, paragraph 9, items I and II, comes into Article 40. The Free-Trade Zone of Manaus, with its cha- force, the following rules shall be complied with: racteristics of free-trade, export and import and fiscal I – the project of the pluriannual plan, to be in force benefits, shall be maintained for a period of twenty-five until the end of the first fiscal year of the subsequent years as from the promulgation of the Constitution. presidential term of office, shall be forwarded not Sole paragraph. The criteria which regulated or may come less than four months before the end of the first fiscal to regulate the approval of projects in the Free-Trade year and returned for sanction before the end of the Zone of Manaus may only be modified by a federal law. legislative session; Article 41. The Executive Powers of the Union, the States, II – the bill of budgetary directives shall be forwarded the Federal District and the Municipalities shall reas- not less than eight and a half months before the end sess all sectorial tax incentives now in force and shall of the fiscal year and returned for sanction before the propose the appropriate measures to the respective end of the first period of the legislative session; Legislative Powers.

14. Paragraph 2 was revoked by CA No. 40, 2003.

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Paragraph 1. The incentives which are not confirmed shall also be exempted from compliance with the pro- by law within two years of the promulgation of the visions of article 176, paragraph 1. Constitution shall be considered revoked. Paragraph 3. The Brazilian companies referred to in Paragraph 2. Revocation shall not preclude any rights paragraph 1 may only be granted prospecting autho- which have become vested before that date, in relation rizations or concessions to mine or exploit hydraulic to incentives granted under conditions and for a set energy potentials provided that the energy and the period of time. mining product are used in their respective industrial Paragraph 3. Incentives granted by means of agree- processes. ments concluded between States, in accordance with Article 45. Refineries which operate in the country article 23, paragraph 6 of the 1967 Constitution, with under article 43 and under the conditions of article the wording of Amendment No. 1, of October 17, 1969, 45 of Law No. 2,004 of October 3, 1953,15 are excluded shall also be reassessed and reconfirmed within the from the monopoly established by article 177, item II, time limits set forth in this article. of the Constitution. Article 42. For 40 (forty) years, the Federation shall Sole paragraph. Risk contracts entered into with Petróleo allocate of the funds intended for irrigation: (CA No. Brasileiro S.A. (Petrobrás) for petroleum prospecting, 89, 2015) which are effective on the date of the promulgation of I – 20% (twenty percent) for the Central-West Region; the Constitution are exempted from the prohibition of II – 50% (fifty percent) for the Northeast Region, pre- article 177, paragraph 1. ferably in the semi-arid region. Article 46. Credits with institutions under intervention or Sole paragraph. Of the percentages provided for in items extra-judicial liquidation, even when such proceedings I and II of the head of the article, a minimum of 50% are converted into bankruptcy, are subject to adjustment (fifty percent) will be allocated to projects of irrigation for inflation from the date of maturity to the date of that benefit family farming that meets the requirements actual payment, with no interruption or suspension. provided for in specific legislation. Sole paragraph. The provisions of this article shall also Article 43. On the date of the promulgation of the apply to: law regulating the prospecting and mining of mineral I – transactions made after the proceedings referred to resources and beds of ore, or within one year counted in the head paragraph of this article have been decreed; from the date of the promulgation of the Constitution, II – loan, financing and refinancing transactions, tran- the authorizations, grants and other deeds affording sactions of financial assistance for liquidity purposes, mining rights shall become ineffective, in case the assignment or subrogation of credits or mortgage prospecting or mining works have not provenly started bonds, guarantee of deposits made by the public, or in the legal time limits or are inactive. of purchase of liabilities, including those carried out with funds intended for such purposes; Article 44. The Brazilian companies which presently III – credits existing prior to the promulgation of this hold valid prospecting authorizations and permits for Constitution; the mining of mineral resources and the exploitation of IV – credits held by public administration entities before hydraulic energy shall have four years, counted from the the promulgation of this Constitution and not settled date of the promulgation of the Constitution, to comply by January 1, 1988. with the requirements of article 176, paragraph 1. Paragraph 1. Except for the provisions of national interest Article 47. In the settlement of debts, including their set forth in the constitutional text, Brazilian companies subsequent renegotiation and composition, even when shall be exempt from compliance with the provisions taken to court, arising out of any loans granted by banks of article 176, paragraph 1, provided that, within four and by financial institutions, there shall be no adjustment years counted from the date of the promulgation of the for inflation, provided that the loan has been granted: Constitution they have destined the product of their I – to micro and small businessmen or to their busines- mining and processing activities to industrialization ses in the period from February 28, 1986, to February within the national territory, in their own facilities or in 28, 1987; a controlling or controlled industrial company. Paragraph 2. Brazilian companies which hold a hydraulic energy concession for use in their industrial processes 15. Revoked by Act No. 9,478, 1997.

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II – to mini, small and medium rural producers in the Article 49. The law shall provide for the institution of period from February 28, 1986, to December 31, 1987, emphyteusis concerning urban real property, the te- provided that it refers to rural credit. nants having the option, in the event of extinction, of Paragraph 1. For the purposes of this article, micro-en- redemption of the emphyteusis, by acquisition of direct terprises shall be considered as the legal entities and title in accordance with the provisions contained in the individual firms with annual income of up to ten thousand respective contracts. National Treasury Bonds, and small enterprises as the Paragraph 1. In the absence of a contractual clause, legal entities and individual firms with annual income the criteria and bases currently in force in the special of up to twenty-five thousand National Treasury Bonds. legislation on real estate of the Union shall be adopted. Paragraph 2. Classification as a mini, small or medium Paragraph 2. The rights of present registered occu- rural producer shall be made in accordance with the pants shall be ensured by application of another kind rural credit rules in force at the time of the contract. of contract. Paragraph 3. Exemption from adjustment for inflation Paragraph 3. Emphyteusis shall continue to be applied referred to in this article shall only be granted in the to tide lands and those lands added to them, which following cases: are located within the security strip extending from I – if the initial debt, plus legal interests and judicial the coast line. fees, are settled within ninety days of promulgation of Paragraph 4. After redemption of the emphyteusis, the this Constitution; former holder of direct title shall, within ninety days, II – if the application of the funds is not contrary to the subject to liability, entrust all documents related to purpose of the financing, the burden of proof lying with such title to the custody of the competent real estate the creditor institution; registry. III – if the creditor institution does not show that the Article 50. An agricultural law to be promulgated within borrower has the means to pay his debt, such means one year shall provide, in accordance with this Constitu- excluding the business of the borrower, the house where tion, for the objectives and instruments of agricultural he lives, as well as his work and production instruments; policy, priorities, crop planning, marketing, internal IV – if the initial financing does not exceed the limit of supply, foreign market and institution of agrarian credit. five thousand National Treasury Bonds; V – if the beneficiary is not the owner of more than five Article 51. All donations, sales and concessions of public rural modules. land with an area of more than three thousand hectares, Paragraph 4. The benefits referred to in this article made in the period from January 1, 1962, to December shall not be extended to the debts which have alrea- 31, 1987, shall be reviewed by the National Congress, dy been paid and to debtors who are members of the by a joint committee, during the three years following Constituent Assembly. the promulgation of the Constitution. Paragraph 5. In the event of transactions maturing Paragraph 1. Insofar as sales are concerned, the review after the deadline for settlement of the debt, should shall be based exclusively on the criterion of lawfulness the borrower be interested, the banks and the financial of the transaction. institutions shall effect, by a specific instrument, an Paragraph 2. In the case of concessions and donations, amendment to the original conditions of the contract the review shall comply with the criteria of lawfulness so as to adjust them to this benefit. and of convenience of public interest. Paragraph 6. The granting of this benefit by private Paragraph 3. In the cases set forth in the preceding commercial banks shall not, under any circumstances, paragraphs, if illegality is proven or if there is public entail a burden to the Government, even if made by interest, the lands shall revert to the ownership of the refinancing and on-lending of funds by the central bank. Union, of the States, of the Federal District or of the Paragraph 7. In the case of on-lending to official finan- Municipalities. cial agents or credit cooperatives, the burden shall fall Article 52. Until such time as the conditions referred upon the original source of funds. to in article 192 are established, the following are for- Article 48. The National Congress, within one hundred bidden: (CA No. 40, 2003) and twenty days of the promulgation of this Constitution, I – the installation, in the country, of new branches of shall draw up a consumer defense code. financial institutions domiciled abroad;

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II – increase of percent participation of individuals and of R$ 25,000.00 (twenty-five thousand reais). (CA No. legal entities resident or domiciled abroad in the capital 78, 2014) of financial institutions with headquarters in Brazil. Article 55. Until such time as the law of budgetary di- Sole paragraph. The prohibition referred to in this rectives is approved, at least thirty percent of the social article does not apply to the authorizations resulting welfare budget, excluding unemployment insurance, from international agreements, from reciprocity or from shall be allocated to the health sector. interest of the Brazilian Government. Article 56. Until such time as the law regulates article Article 53. Veterans who have actually participated in 195, item I, the revenues resulting from at least five of war operations during the Second World War, in accor- the six tenths of one percent corresponding to the rate dance with Law No. 5,315 of September 12, 1967, shall of the contribution referred to in Decree-Law No. 1940 be ensured the following rights: of May 25, 1982, as amended by Decree-Law No. 2,049 I – admission to public service without being required of August 1, 1983, by Decree No. 91,236 of May 8, 1985, to undergo a public entrance examination, with tenure; and by Law No. 7,611 of July 8, 1987, shall become part II – special pension corresponding to that of Second of the social welfare revenues, excepting, exclusively Lieutenant of the Armed Forces, which may be applied for in the fiscal year of 1988, commitments assumed for at any time and may not be accumulated with any other ongoing programmes and projects. earnings received from the public treasury, except for social security benefits, the right to opt being ensured; Article 57. The debts of the States and Municipalities III – in case of death, proportional pension to the widow, related to social security contributions up to June 30, companion or dependent, in an amount equal to that 1988, shall be settled, with adjustment for inflation, in of the preceding item; one hundred and twenty monthly installments, with the IV – free medical, hospital and educational assistance waiver of the interests and penalties applicable thereto, extending to dependents; provided the debtors request installment payment and V – retirement with full pay after twenty-five years of begin such payment within one hundred and eighty days actual service, under any juridical system; of the promulgation of this Constitution. VI – priority in the acquisition of a home for those who Paragraph 1. The amount to be paid in each of the first do not own one or for their widows or companions. two years shall not be less than five percent of the Sole paragraph. The concession of the special pension total consolidated and updated debt, the balance to referred to in item II replaces, for all legal effects, any be divided into equal monthly installments. other pension already granted to the veteran. Paragraph 2. Settlement may include payments by assignment of assets and rendering of services, as set Article 54. Rubber-tappers recruited in accordance forth in Law No. 7,578 of December 23, 1986. with Decree-Law No. 5,813 of September 14, 1943, and Paragraph 3. As guarantee for the payment of the ins- protected by Decree-Law No. 9,882 of September 16, tallments, the States and Municipalities shall each year 1946, shall receive, when needy, a monthly pension for consign in their respective budgets the appropriations life in the amount of two minimum wages. required for the payment of their debts. Paragraph 1. The benefit extends to rubber-tappers who, Paragraph 4. If any of the conditions established for at the request of the Brazilian Government, contributed the concession of installment payment are not met, to the war effort by working in rubber production in the debt shall be considered as due and payable in full the Amazonian Region during the Second World War. and liable for default interest; in such case, the portion Paragraph 2. The benefits established in this article may of the funds corresponding to the Participation Funds be transferred to dependents who are provenly needy. intended for the debtor States and Municipalities shall Paragraph 3. The concession of the benefit shall be be blocked and transferred to the social security for done in accordance with the law to be proposed by the payment of their debts. Executive Power within one hundred and fifty days of the promulgation of the Constitution. Article 58. Benefits paid on a continuous basis and maintained by social security on the date of the pro- Article 54-A. The rubber-tappers referred to in article mulgation of the Constitution shall have their values 54 of this Temporary Constitutional Provisions Act reviewed so as to re-establish their purchasing power shall receive a compensation, in a single installment, expressed in terms of the numbers of minimum wages

102 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition they represented on the date on which they were granted, 208 of the Federal Constitution, as well as for the basic such updating criterion to be adopted until the plan of education universalization goals established in the funding and benefits referred to in the following article National Education Plan, the law shall provide for: is implemented. a) the organization of the Funds, the proportional Sole paragraph. The monthly benefit payments updated distribution of their resources, the differences in accordance with this article shall be due and paid and weightings regarding the annual value per as from the seventh month after the promulgation of student among the various grades and modalities the Constitution. of basic education and types of schools; b) the form of calculation of the minimum annual Article 59. The bills of law for the organization of social value per student; welfare and for the plan of funding and benefits shall c) the maximum percentages for the allocation of be submitted, not more than six months after the pro- fund resources to the various grades and mo- mulgation of the Constitution, to the National Congress, dalities of basic education, with due regard for which shall have six months to examine them. articles 208 and 214 of the Federal Constitution, Sole paragraph. Upon approval by the National Con- as well as for the National Education Plan goals; gress, the plans shall be implemented progressively d) oversight and control of the Funds; in the following eighteen months. e) a deadline to stipulate, by means of a specific Article 60. In the 14 (fourteen) years following the law, a nationwide professional minimum salary promulgation of this Constitutional Amendment16, the for public school teachers of basic education; States, the Federal District, and the Municipalities shall IV – the resources transferred to the Funds established allocate a portion of the monies referred to in the head under the terms of item I of the head paragraph of this paragraph of article 212 of the Federal Constitution, to article shall be applied by the States and Municipalities the maintenance and development of basic education exclusively within the scope of their priority actions, and to the payment of appropriate salaries to education as established by paragraphs 2 and 3 of article 211 of workers, with due regard for the following provisions: the Federal Constitution; (CA No. 14, 1996; CA No. 53, 2006) V – the Federal Government shall supplement the re- I – the distribution of monies and responsibilities among sources of the Funds referred to in item II of the head the Federal District, the States, and their Municipalities paragraph of this article, whenever in the Federal Dis- is assured through the establishment, within each trict and in each State, the value per student does not State and the Federal District, of a Fund for the Main- reach the nationally set minimum value, stipulated in tenance and Development of Basic Education and for accordance with the provisions of item VII of the head the Appreciation of Education Professionals (Fundeb), paragraph of this article, and use of the resources of a financial nature; referred to in paragraph 5 of article 212 of the Federal II – the Funds referred to in item I of the head para- Constitution is forbidden; graph of this article shall be made up of 20% (twenty VI – up to 10% (ten percent) of the resources supple- percent) of the resources referred to in items I, II, and mented by the Federal Government as set forth in III of article 155; item II of the head paragraph of ar- item V of the head paragraph of this article may be ticle 157; items II, III, and IV of the head paragraph of distributed to the Funds by means of programs aimed article 158; and subitems a and b of item I, and item at improving the quality of education, under the terms II of the head paragraph of article 159, of the Federal of the law referred to in item III of the head paragraph Constitution, and shall be distributed among each State of this article; and its Municipalities, in proportion to the number of VII – the minimum amount of resources supplemented students in the various grades and modalities of on- by the Federal Government as set forth in item V of the -site basic education, enrolled in the respective school head paragraph of this article shall be equal to: systems, within the respective scope of priority action a) R$ 2,000,000,000.00 (two billion reais), in the first as established by paragraphs 2 and 3 of article 211 of year the Funds are in force; the Federal Constitution; b) R$ 3,000,000,000.00 (three billion reais), in the III – with due regard for the guarantees established in second year the Funds are in force; items I, II, III, and IV of the head paragraph of article

16. Should read as “Constitutional Amendment No. 53, 2006”.

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c) R$ 4,500,000,000.00 (four billion and five hundred country in the year preceding the year in which this million reais), in the third year the Funds are in Constitutional Amendment19 comes into force. force; Paragraph 4. For the purposes of distribution of the d) 10% (ten percent) of the total amount of resour- resources of the Funds referred to in item I of the head ces referred to in item II of the head paragraph paragraph of this article, the total number of students of this article, as from the fourth year the Funds enrolled in elementary education will be taken into are in force; account, and, as regards infant education, high school, VIII – the resources earmarked for the maintenance and and the education of young people and adults, 1/3 (one development of education as established in article 212 of third) of the total number of students enrolled in the the Federal Constitution may cover a maximum amount first year, 2/3 (two thirds) in the second year, and the of 30% (thirty percent) of the resources supplemented total number as from the third year shall be taken into by the Federal Government, taking into consideration, consideration. for the purposes of this item, the amounts set forth in Paragraph 5. The percentage of resources to constitute item VII of the head paragraph of this article; the Funds, in accordance with item II of the head para- IX – the amounts referred to in subitems a, b, and c of graph of this article, shall be gradually achieved over the item VII of the head paragraph of this article shall be first 3 (three) years the Funds are in force, as follows: adjusted every year as from the promulgation of this I – as to the taxes and transfers mentioned in item II of Constitutional Amendment17, so that the real value of the the head paragraph of article 155; item IV of the head supplementation provided by the Federal Government paragraph of article 158; and subitems a and b of item is permanently preserved; I and item II of the head paragraph of article 159 of the X – the supplementation provided by the Federal Go- Federal Constitution: vernment shall comply with the provisions of article a) 16.66% (sixteen and sixty-six hundredths of one 160 of the Federal Constitution; percent), in the first year; XI – the competent authority shall be held liable for b) 18.33% (eighteen and thirty-three hundredths crime of malversation in case of non-compliance with of one percent), in the second year; the provisions of items V and VII of the head paragraph c) 20% (twenty percent), as from the third year; of this article; II – as to the taxes and transfers mentioned in items XII – a share of not less than 60% (sixty percent) of the I and III of the head paragraph of article 155; item II resources of each Fund referred to in item I of the head of the head paragraph of article 157; and items II and paragraph of this article shall be used for the payment III of the head paragraph of article 158 of the Federal of basic education teachers who are actually teaching. Constitution: Paragraph 1. When financing basic education, the Federal a) 6.66% (six and sixty-six hundredths of one per- Government, the States, the Federal District, and the cent), in the first year; Municipalities shall ensure that the quality of education b) 13.33% (thirteen and thirty-three hundredths of will be improved, so as to guarantee a nationally set one percent), in the second year; minimum standard. c) 20% (twenty percent), as from the third year. Paragraph 2. The value per elementary school student, Paragraph 6. (Revoked). within each State Fund and the Federal District Fund, Paragraph 7. (Revoked). may not be lower than the value prescribed by the Fund Article 61. The educational entities referred to in article for the Maintenance and Development of Elementary 213, as well as the educational and research foundations Education and for the Appreciation of the Teaching whose creation has been authorized by law, which meet Profession – (Fundef), in the year preceding the coming the requirements of items I and II of such article and into force of this Constitutional Amendment18. which have, in the last three years, received public funds, Paragraph 3. The minimum annual value per elementary may continue to receive such funds, unless otherwise school student, within the Fund for the Maintenance and established by law. Development of Basic Education and for the Apprecia- tion of Education Professionals – (Fundeb), may not be Article 62. The law shall create the National Rural lower than the minimum value stipulated for the entire Apprenticeship Service (ENAR), based on the legislation for the National Industrial Apprenticeship Service (ENAI), 17. Should read as “Constitutional Amendment No. 53, 2006”. 18. Should read as “Constitutional Amendment No. 53, 2006”. 19. Should read as “Constitutional Amendment No. 53, 2006”.

104 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition and the National Commercial Apprenticeship Service Article 70. The present competence of the State courts (ENAC), without prejudice to the incumbencies of the shall be maintained until it is defined in the State government agencies engaged in the area. Constitution, as established in article 125, paragraph 1, of the Constitution. Article 63. A Committee composed of nine members is hereby created, three of them from the Legislative Article 71. The Emergency Social Fund is hereby instituted Power, three from the Judicial Power and three from for the fiscal years of 1994 and 1995, as well as for the the Executive Power, to promote the commemorations periods from January 1, 1996 through June 30, 1997, and of the centennial of the proclamation of the Republic from July 1, 1997 through December 31, 1999, aiming at and of the promulgation of the first republican Cons- the financial recuperation of the Federal Public Finances titution of the country, and such committee may, at its and the economic stabilization, the resources of which discretion, be subdivided into as many subcommittees shall be applied primarily to the actions of the health as may be necessary. and education systems, including the supplementation Sole paragraph. In the carrying out of its duties the of resources set forth in paragraph 3 of article 60 of the Committee shall conduct studies, debates and asses- Temporary Constitutional Provisions Act, the welfare sments of the political, social, economic and cultural benefits and welfare assistance of a permanent nature, development of the country, and may join efforts with including the payment of welfare debts and budgetary State and Municipal Governments and with public and expenditures associated to programs of great economic private institutions desiring to take part in the events. and social interest. (RCA No. 1, 1994; CA No. 10, 1996; CA No. 17, 1997) Article 64. The National Press and other printing de- Paragraph 1. The provision of the final part of item II of partments of the Union, the States, the Federal District paragraph 9 of article 165 of the Constitution shall not and the Municipalities, of the direct or indirect admi- apply to the Fund established by this article. nistration, including foundations instituted and main- Paragraph 2. From the beginning of the 1996 fiscal year tained by the Government, shall provide for a popular on, the Fund established by this article shall be called edition of the full text of the Constitution, which shall Fiscal Stabilization Fund. be made available free of charge, to schools and public Paragraph 3. The Executive Power shall publish, on a registry offices, to unions, military barracks, churches bimonthly basis, a budget execution statement, which and other community organizations, in order that each statement shall list the sources and applications of the Brazilian citizen may receive from the State a copy of Fund established by this article. the Brazilian Constitution. Article 72. The Emergency Social Fund is comprised Article 65. The Legislative Power shall, within twelve of: (RCA No. 1, 1994; CA No. 10, 1996; CA No. 17, 1997) months, regulate the article 220, paragraph 4. I – the proceeds from the collection of the tax on income Article 66. The public telecommunications utility con- and earnings of any nature to be levied at source on cessions presently in force shall be maintained, as payments of any nature effected by the Union, including established by law. its autonomous government agencies and foundations; II – the part of the proceeds from the collection of the Article 67. The Union shall conclude the demarcation of tax on income and earnings of any nature, and of the the Indian lands within five years of the promulgation tax on credit, foreign exchange and insurance transac- of the Constitution. tions, or transactions relating to bonds and securities, Article 68. Final ownership shall be recognized for resulting from the changes generated by Law No. 8,894 the remaining members of the ancient runaway slave of June 21, 1994, and by Laws No. 8,849, and 8,848, communities who are occupying their lands and the both dated January 28, 1994 and further modifications; State shall grant them the respective title deeds. III – the part of the proceeds from the collection due to the increase of the rate of welfare contribution on the Article 69. The States shall be allowed to maintain profit of taxpayers mentioned in paragraph 1 of article legal consultancy offices independent from their At- 22 of Law No. 8,212 of July 24, 1991, which, in the fiscal torney-General Offices or Advocacy-General Offices, years of 1994 and 1995, as well as in the period from provided that they have separate agencies for the January 1, 1996 through June 30, 1997, shall be of 30 respective functions on the date of the promulgation percent, subject to modification by ordinary law, the of this Constitution.

105 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition other stipulations of Law No. 7,869 of December 15, Paragraph 1. The rate of the contribution mentioned 1988 remaining unchanged; in this article shall not exceed twenty-five hundredths IV – twenty percent of the proceeds from the collection of one percent, and the Executive Power may reduce it of all taxes and contributions to the Union, already or reestablish it, in whole or in part, in the conditions instituted or to be instituted, except those provided and limits provided for by law. by items I, II and III, with due regard to the provisions Paragraph 2. The provisions of articles 153, paragraph of paragraphs 3 and 4; 5, and 154, item I, of the Constitution shall not apply to V – the part of the proceeds from the collection of the the contribution mentioned in this article. contribution mentioned in Supplementary Law No. 7, Paragraph 3. The whole of the proceeds from the collec- of September 7, 1970, owed by the juridical entities tion of the contribution mentioned in this article shall referred to in item III of this article, which will be cal- be allocated to the National Health Foundation for the culated, in the fiscal years of 1994 and 1995, as well financing of health actions and services. as in the periods from January 1, 1996 through June Paragraph 4. The liability for the contribution mentio- 30, 1997, and from July 1, 1997 through December 31, ned in this article shall be governed by the provisions 1999, through the employment of a rate of seventy-five of article 195, paragraph 6, of the Constitution, and it hundredths of one percent, subject to modification shall not be collected for longer than two years. by subsequent ordinary law, on the gross operating Article 75. The collection of the provisional contribu- income, as defined in the legislation of income tax and tion on the movement or transmission of monies and earnings of any nature; of credits and rights of financial nature mentioned in VI – other incomes defined in specific legislation. article 74, established by Law No. 9,311, of October Paragraph 1. The rates and calculation base defined 24, 1996, is extended for thirty-six months, and the in items III and V shall be applied as from the first same extension applies to the effect of Law No. 9,539, day of the month following the ninetieth day after the of December 12, 1997, which modified Law No. 9,311. promulgation of this Amendment20. (CA No. 21, 1999) Paragraph 2. The parts referred to in items I, II, III and V Paragraph 1. With due regard for paragraph 6 of article shall be previously deducted from the calculation base 195 of the Federal Constitution, the rate of the contri- of any legal or constitutional designation or participa- bution shall be thirty-eight hundredths of one percent, tion, and the provisions of articles 159, 212 and 239 of in the first twelve months, and thirty hundredths in the the Constitution shall not apply to them. subsequent months, and the Executive Power may reduce Paragraph 3. The part referred to in item IV shall be it, in whole or in part, in the limits hereby stipulated. previously deducted from the calculation base of any Paragraph 2. The proceeds from increased collection constitutional or legal designation or participation of the contribution, resulting from the alteration of the stipulated by articles 153, paragraph 5, 157, item II, 212 rate, during the financial years of 1999, 2000, and 2001, and 239 of the Constitution. shall be allocated to the financing of social security. Paragraph 4. The provision of the former paragraph Paragraph 3. The Union is authorized to issue domestic shall not apply to the resources provided by articles public debt bonds, whose resources shall be allocated 158, item II, and 159 of the Constitution. to the financing of health services and social security, in Paragraph 5. The part of the resources originating from an amount equivalent to the proceeds of the collection the tax on income and earnings of any nature, designated of the contribution, estimated but not achieved in 1999. for the Emergency Social Fund, as provided by item II, of this article, shall not exceed five and six-tenths of Article 76. Twenty percent (20%) of the proceeds from one percent of the total proceeds from its collection. the collection by the Union of taxes, social contributions, and contributions for intervention in the economic Article 73. In the regulation of the Emergency Social domain, already instituted or that may be instituted Fund, the instrument provided by item V of article 59 of by December 31, 2015, as well as their additional taxes the Constitution may not be applied. (RCA No. 1, 1994) and respective legal increases, shall not be earmarked Article 74. The Union may establish provisional contribu- to any agency, fund, or expense in the said period. (CA tion on the movement or transmission of monies and of No. 27, 2000; CA No. 42, 2003; CA No. 56, 2007; CA No. credits and rights of financial nature. (CA No. 12, 1996) 59, 2009; CA No. 68, 2011)

20. Should read as “Revision Constitutional Amendment No. 1, 1994”.

106 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition

Paragraph 1. The provision of the head paragraph of shall be applied in the Municipalities, according to the this article shall not reduce the assessment basis of populational criterion, to health actions and public the transfers to the States, the Federal District, and the services, in accordance with the law. Municipalities, under the terms of paragraph 5 of article Paragraph 3. The funds of the States, the Federal Dis- 153, item I of article 157, items I and II of article 158, trict, and the Municipalities assigned for health actions and subitems a, b, and d, of item I and item II of article and public services, as well as those transferred by the 159 of the Federal Constitution, neither the assessment Union for the same purpose, shall be applied by means basis of the remittances mentioned in subitem c of item of the Health Fund, to be monitored and supervised by I of article 159 of the Federal Constitution. the Health Board, without prejudice to the provisions Paragraph 2. The proceeds from the collection of the of article 74 of the Federal Constitution. social contribution for education mentioned in para- Paragraph 4. In the absence of the supplementary law graph 5 of article 212 of the Federal Constitution shall referred to in article 198, paragraph 3, the provisions be excepted from the provision of the head paragraph of this article shall apply to the Union, the States, the of this article. Federal District, and the Municipalities as of the finan- Paragraph 3. For purposes of calculating the funds for cial year of 2005. maintenance and development of education referred to Article 78. With the exception of credits defined by law in article 212 of the Federal Constitution, the percen- as being of a small amount, credits for alimony, and tage mentioned in the head paragraph of this article credits stated in article 33 of this Temporary Consti- shall be zero. tutional Provisions Act and their supplementations, Article 77. Until the financial year of 2004, the minimum as well as those credits whose respective funds have amount of funds applied to health actions and public already been released or paid into court, the court order services shall be equivalent to: (CA No. 29, 2000) debts for which payment is outstanding on the date of I – in the case of the Union: promulgation of this Amendment21 and those deriving a) in the year 2000, the amount of checks issued from actions commenced before or on December 31, to health actions and public services during the 1999, shall be settled according to their real value, in financial year of 1999, plus at least five percent; legal tender, including legal interests, in equal and b) from the year 2001 through the year 2004, the successive annual installments, within ten years at amount expended in the previous year, restated the most, the assignment of credits being permitted. according to the nominal changes of the Gross (CA No. 30, 2000) Domestic Product – GDP; Paragraph 1. The division of installments is permitted, II – in the case of the States and of the Federal District, at the discretion of the creditor. twelve percent of the proceeds from the collection of Paragraph 2. In the event the annual installments the taxes referred to in article 155 and of the funds referred to in the head paragraph of this article have mentioned in articles 157 and 159, item I, subitem a, not been paid before the end of the relevant fiscal and item II, after deducting the portions transferred to year, they shall be deducted from the taxes owed to the respective Municipalities; the debtor entity. III – in the case of the Municipalities and of the Federal Paragraph 3. The period of time referred to in the head District, fifteen percent of the proceeds from the col- paragraph of this article is reduced to two years, in the lection of the taxes mentioned in article 156 and of case of court order debts deriving from the expropriation the funds mentioned in articles 158 and 159, item I, of a creditor’s residential property, provided that such subitem b, and paragraph 3. property is proven to be the creditor’s only residential Paragraph 1. The States, the Federal District, and the property at the time of emission of a writ of ejectment. Municipalities which apply percentages lower than those Paragraph 4. If the time limit has elapsed, or in the stipulated in items II and III shall raise them gradually, case of omission in the budget, or in the event the until the financial year of 2004, the difference being right of precedence is not respected, the President of reduced at the rate of at least one fifth per year, and the appropriate Court shall, upon petition of a creditor, the application shall consist of at least seven percent requisition or order the seizure of funds of the debtor as of the year 2000. entity, at an amount sufficient to pay the installment. Paragraph 2. At least fifteen percent of the funds of the Union expended under the terms of this article 21. Should read as “Constitutional Amendment No. 30, 2000”.

107 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition

Article 79. The Fund to Fight and Eradicate Poverty, as a result of divestiture of government-controlled hereby instituted within the sphere of the Federal Exe- corporations and public enterprises controlled either cutive Branch, shall be in force through the year 201022 directly or indirectly by the Federal Government, when and shall be regulated by a supplementary law, aiming such operation involves the divestment of the respec- at enabling all Brazilians to have access to adequate tive controlling interest to an individual or entity not subsistence levels, and its resources shall be applied to belonging to the government bodies, or of any remai- supplementary initiatives regarding nutrition, housing, ning equity interest following such divestment, and education, health, a complementary family income, and the income thereof, generated as from June 18, 2002, other programs of relevant social interest oriented shall be transferred to the Fund to Fight and Eradicate towards the improvement of the quality of life. (CA No. Poverty. (CA No. 31, 2000) 31, 2000; CA No. 67, 2010) Paragraph 1. In case the yearly amount of income to be Sole paragraph. The Fund set forth in this article shall transferred to the Fund to Fight and Eradicate Poverty, have an Advisory and Monitoring Board that must in- as set forth in this article, does not add up to the total clude representatives of civil society, under the terms of four billion reais, it shall be supplemented according of the law. to article 80, item IV, of the Temporary Constitutional Provisions Act. Article 80. The Fund to Fight and Eradicate Poverty is Paragraph 2. Without prejudice to the provision of comprised of: (CA No. 31, 2000) paragraph 1, the Executive Branch may allocate other I – the part of the proceeds from the collection corres- revenues deriving from the sale of Federal Government ponding to additional eight hundredths of one percent, assets to the Fund mentioned in this article. applicable from June 18, 2000, through June 17, 2002, to Paragraph 3. The resources that make up the Fund the rate of the social contribution referred to in article referred to in the head paragraph of this article, the 75 of the Temporary Constitutional Provisions Act; transfer of said resources to the Fund to Fight and II – the part of the proceeds from the collection cor- Eradicate Poverty, and the other provisions concerning responding to additional five percent on the rate of paragraph 1 of this article shall be regulated by law, the federal VAT [IPI], or of the tax that may eventually and the provision of article 165, paragraph 9, item II of replace it, levied on luxury goods and applicable while the Constitution shall not be applicable. the Fund is in force; III – the proceeds from the collection of the tax referred Article 82. The States, the Federal District, and the to in article 153, item VII, of the Constitution; Municipalities shall institute Funds to Fight Poverty, IV – budgetary appropriations; comprised of the resources referred to in this article V – donations, of any nature, by individuals or corpo- and other resources that may eventually be allocated rations established in Brazil or abroad; for this purpose, and the said Funds shall be managed VI – other revenues, to be defined by the legislation by entities which include the participation of civil so- that regulates the Fund. ciety. (CA No. 31, 2000; CA No. 42, 2003) Paragraph 1. The provisions of articles 159 and 167, Paragraph 1. With a view to financing the State Funds item IV, of the Constitution, are not applicable to the and the Federal District Fund, an additional tax of up resources that make up the Fund, neither is any dis- to two percent may be created, to raise the rate of the connection of budgetary resources. State VAT [ICMS], due on luxury goods and services and Paragraph 2. The proceeds from the collection of the observing the conditions defined in the supplementary resources referred to in item I of this article, during law referred to in article 155, paragraph 2, item XII, of the period from June 18, 2000 through the date the the Constitution, and the provision of article 158, item supplementary law mentioned in article 79 becomes IV, of the Constitution shall not be applicable to such effective, shall be remitted in full to the Fund, their real percentage. value being preserved, in federal government securities, Paragraph 2. With a view to financing the Municipal progressively redeemable after June 18, 2002, under Funds, an additional tax of up to half of one percent the terms of the law. may be created, to raise the rate of the local service tax [ISS], or the rate of the tax that may eventually replace Article 81. A Fund is hereby instituted, to be comprised it, levied on luxury services. of the resources received by the Federal Government

22. Period of effect extended indefinitely. CA No. 67, 2010.

108 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition

Article 83. A federal law shall define the luxury goods systems, and in the organized over-the-counter and services referred to in articles 80, item II, and 82, market; paragraph 2. (CA No. 31, 2000; CA No. 42, 2003) b) contracts written on stocks or stock indices, in their various modes, negotiated in stock exchan- Article 84. The provisional contribution on the movement ges, commodities and futures exchanges; or transmission of monies and of credits and rights of III – foreign investors’ accounts, regarding entries into a financial nature, set forth in articles 74, 75, and 80, and remittances from Brazil of funds employed exclu- item I, of this Temporary Constitutional Provisions Act, sively in transactions and contracts referred to in item shall be collected through December 31, 2004. (CA No. II of this article. 37, 2002; CA No. 42, 2003) Paragraph 1. The Executive Branch shall regulate the Paragraph 1. The effect of Law No. 9,311, of October 24, provisions of this article within thirty days as of the 1996, as well as of its alterations, is hereby extended date of publication of this Constitutional Amendment24. through the date mentioned in the head paragraph of Paragraph 2. The provisions of item I of this article apply this article. only to the transactions specified in an act issued by Paragraph 2. Of the proceeds from collection of the the Executive Branch, from among the transactions that social contribution mentioned in this article, the portion constitute the purpose of said entities. corresponding to the following rates shall be allocated Paragraph 3. The provisions of item II of this article apply to the purposes herein stated: only to transactions and contracts effected through I – twenty hundredths percent to the National Health financial institutions, securities brokerage houses, Fund, for the financing of health actions and services; securities distribution companies, and commodities II – ten hundredths percent to the financing of social brokerage houses. security; III – eight hundredths percent to the Fund to Fight and Article 86. Debts that must be paid by the Federal, State, Eradicate Poverty, set forth in articles 80 and 81 of this Federal District, or Municipal Tax Authorities by virtue Temporary Constitutional Provisions Act. of final and unappealable judicial decisions shall be Paragraph 3. The rate of the contribution mentioned paid in accordance with the provisions of article 100 of in this article shall be equal to: the Federal Constitution, the parceling rule established I – thirty-eight hundredths percent in the financial years in the head paragraph of article 78 of this Temporary of 2002 and 2003; Constitutional Provisions Act not being applicable, if II – (revoked). such debts meet the following cumulative conditions: (CA No. 37, 2002) Article 85. The contribution mentioned in article 84 of I – having been the subject of a court order; this Temporary Constitutional Provisions Act shall not II – having been defined as small amount debts by the be levied, as from the thirtieth day after the publica- law referred to in paragraph 3 of article 100 of the tion of this Constitutional Amendment23, on entries Federal Constitution, or by article 87 of this Temporary concerning: (CA No. 37, 2002) Constitutional Provisions Act; I – current deposit accounts especially opened and III – their payment being outstanding, in whole or in exclusively used for transactions carried out by: part, on the date of publication of this Constitutional a) clearinghouses and providers of clearing and Amendment25. settlement services referred to in article 2, Sole Paragraph 1. The debts referred to in the head para- paragraph, of Law No. 10,214, of March 27, 2001; graph of this article, or their respective balances, shall b) securitization companies referred to in Law No. be paid in chronological order of presentation of the 9,514, of November 20, 1997; respective court orders, with precedence over debts c) business corporations whose exclusive purpose is of a higher amount. to purchase credits originating from transactions Paragraph 2. If the debts referred to in the head para- carried out in the financial market; graph of this article have not been subject to partial II – current deposit accounts, when such entries are payment yet, under the terms of article 78 of this related to: Temporary Constitutional Provisions Act, they may be a) stock purchase and sale transactions, effected paid in two annual installments, as the law provides. within stock exchange trading floors or electronic 24. Should read as “Constitutional Amendment No. 37, 2002”. 23. Should read as “Constitutional Amendment No. 37, 2002”. 25. Should read as “Constitutional Amendment No. 37, 2002”.

109 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition

Paragraph 3. The payment of the alimony debts referred until March 15, 1987, that is, the date the first elected to in this article, with due respect for the chronological governor took office, shall be included, at their option, order of their presentation, shall take precedence over in a special job class to be eventually terminated within the payment of all other debts. the federal government services, being ensured of their specific rights and advantages, whereas the payment, Article 87. For purposes of the provisions set forth in under any circumstances, of remuneration differences paragraph 3 of article 100 of the Federal Constitution, shall be forbidden. (CA No. 38, 2002; CA No. 60, 2009) and in article 78 of this Temporary Constitutional Pro- Paragraph 1. The members of the uniformed police visions Act, and until such time as the official publi- force shall continue rendering services to the State of cation of the respective defining acts by the units of Rondônia, in the quality of detailed personnel, subject the Federation is effected, the debts or bonds stated to their respective uniformed police forces, with due in court orders shall be considered as being of a small regard for the compatibility between the duties of their amount, with due regard for paragraph 4 of article 100 function and their rank in the hierarchy. of the Federal Constitution, if their amount is equal to Paragraph 2. The employees referred to in the head or lesser than: (CA No. 37, 2002) paragraph shall continue rendering services to the State I – forty minimum monthly wages, in the case of debts of Rondônia, in the quality of detailed personnel, up owed by the Tax Authorities of the States and of the until they are placed in a federal government entity, Federal District; associate government agency, or foundation. II – thirty minimum monthly wages, in the case of debts owed by the Tax Authorities of the Municipalities. Article 90. The time limit set forth in the head paragraph Sole paragraph. Should the amount under execution of article 84 of this Temporary Constitutional Provisions exceed the amount stipulated in this article, payment Act is hereby extended through December 31, 2007. (CA shall always be made by means of a court order, the No. 42, 2003) execution creditor being entitled to waiving the credit Paragraph 1. The effect of Law No. 9,311, of October 24, of the excess amount, so that he may opt to receive the 1996, as well as of its alterations, is hereby extended balance without the emission of a court order, in the through the date mentioned in the head paragraph of manner set forth in paragraph 3 of article 100. this article. Paragraph 2. The rate of the contribution referred to in Article 88. Until such time as a supplementary law regu- article 84 of this Temporary Constitutional Provisions lates the provisions of items I and III of paragraph 3 of Act shall be equal to thirty-eight hundredths per cent article 156 of the Federal Constitution, the tax referred through the date referred to in the head paragraph of to in item III of the head paragraph of said article shall: this article. (CA No. 37, 2002) I – have a minimum rate of two percent, save for the Article 91. The Union shall remit to the States and to the services referred to in items 32, 33, and 34 of the List Federal District the amount defined by a supplementary of Services appended to Decree-Law No. 406, of De- law, in accordance with the criteria, time limits, and cember 31, 1968; terms therein determined, taking into consideration II – not be subject to the granting of fiscal exemptions, exports of primary commodities and semi-manufac- incentives, and benefits, should the direct or indirect tured products to other countries, the import-export result of such granting be the reduction of the minimum ratio, credits deriving from purchases intended for the rate stipulated in item I. permanent assets, and the effective maintenance and utilization of the tax credits referred to in article 155, Article 89. The members of the uniformed police force paragraph 2, item X, subitem a. (CA No. 42, 2003) and local administration employees of the former federal Paragraph 1. As to the amount of funds to be remitted Territory of Rondônia, who, in accordance with official to each State, seventy-five percent of such amount shall documents, were regularly exercising their functions be assigned to the State itself, and twenty-five percent and rendering services to such former Territory at the to its Municipalities, such percentage being distributed time it was transformed into a State, as well as the in accordance with the criteria referred to in article 158, employees and uniformed police officers covered by Sole paragraph, of the Constitution. the provisions of article 36 of Supplementary Law No. Paragraph 2. The remittance of funds set forth in this 41, December 22, 1981, and those who were legally in- article shall prevail, as defined in a supplementary law, cluded in the Rondônia State Government personnel up

110 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition until such time as the proceeds from the collection of set forth in the legislation of the respective State at the tax referred to in article 155, subitem II, are predo- the time of establishment of said Municipalities have minantly assigned, in a proportion not below eighty per been fulfilled. (CA No. 57, 2008) cent, to the State where consumption of the products, Article 97. Up until the supplementary law referred goods, or services takes place. to in paragraph 15 of article 100 of the Federal Cons- Paragraph 3. Until such time as the supplementary titution is enacted, the States, the Federal District, law referred to in the head paragraph is enacted, and and Municipalities which, on the date of enactment of so as to replace the system of remittance of funds set Constitutional Amendment No. 62, have not yet effected forth therein, there shall remain in force the system of payment of past due court-ordered debts regarding remittance of funds set forth in article 31 and Schedule their respective direct and indirect administration, of Supplementary Law No. 87, of September 13, 1996, including court orders issued during the period the with the wording provided by Supplementary Law No. special regime instituted by this article is in force, shall 115, of December 26, 2002. effect such payments in accordance with the rules set Paragraph 4. The States and the Federal District shall forth in this article, whereas the provisions of article present to the Federal Government, under the terms of 100 of this Federal Constitution shall not be applicable, instructions issued by the Finance Ministry, informa- save for its paragraphs 2, 3, 9, 10, 11, 12, 13, and 14, and tion regarding the tax referred to in article 155, item II, without prejudice to conciliation agreements already supplied by the taxpayers who carry out transactions formalized by the date of publication of Constitutional involving goods to be shipped abroad or services to be Amendment No. 62. (CA No. 62, 2009) delivered to foreign parties. Paragraph 1. The States, the Federal District, and Mu- Article 92. A period of ten years shall be added to the nicipalities subject to the special regime set forth in period of time set forth in article 40 of this Temporary this article shall, by means of an Executive Power act, Constitutional Provisions Act. (CA No. 42, 2003) opt for either: I – depositing the amount referred to in paragraph 2 of Article 92-A. A period of fifty (50) years shall be added this article into a special account; or to the period of time set forth in article 92 of this Tem- II – adopting the special regime for a period of up to porary Constitutional Provisions Act. (CA No. 83, 2014) 15 (fifteen) years, in which case the percentage to Article 93. The provisions of article 159, item III, and be deposited into the special account referred to in paragraph 4 shall only come into force after the pro- paragraph 2 of this article shall be equivalent to the mulgation of the law referred to in said item III. (CA total yearly balance of court-ordered debts, increased No. 42, 2003) by the official rate applied to savings accounts and by simple interest applied at the same percentage of Article 94. The special tax regimes for micro and small interest applied to savings accounts for the purpose of businesses which are specific of the Union, the States, compensation of delay in the payment – the employment the Federal District, and the Municipalities shall be of compensatory interest being excluded, reduced by discontinued as from the date the regime set forth any paid amount, and divided by the remaining number in article 146, item III, subitem d, of the Constitution of years in the special regime of payment. comes into force. (CA No. 42, 2003) Paragraph 2. In order to pay up both its past due and Article 95. Persons born abroad between June 7, 1994, future accruing court-ordered debts through the special and the date of enactment of this Constitutional Amend- regime, the States, the Federal District, and Munici- ment26, to a Brazilian father or a Brazilian mother, may palities in debt shall effect a monthly deposit into a be registered with a Brazilian diplomatic or consular special account created for such purpose, of 1/12 (one authority, or with an official registry if they come to reside twelfth) of the amount calculated as a percentage of in the Federative Republic of Brazil. (CA No. 54, 2007) the respective net current revenues, as computed in the second month preceding the month of payment, whe- Article 96. Acts aimed at the establishment, fusion, mer- reas such percentage, calculated at the time of opting ger, and dismemberment of Municipalities, whose act of for the special regime and kept unchanged through the creation was published on or before December 31, 2006, end of the period referred to in paragraph 14 of this are hereby confirmed, provided that the requirements article, shall be equal to: 26. Should read as “Constitutional Amendment No. 54, 2007”. I – in the case of the States and of the Federal District:

111 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition

a) at least 1.5% (one whole and five tenths per may not be returned to the States, the Federal District, cent), for the States of the North, Northeast, and and Municipalities in debt. Centre-West regions, in addition to the Federal Paragraph 6. At least 50% (fifty per cent) of the funds District, or for those States where the backlog referred to in paragraphs 1 and 2 of this article shall be of court orders owed by their respective direct used to pay court orders according to their chronological and indirect administration corresponds to up to order of submission, with due regard for the priorities 35% (thirty-five per cent) of the total net current defined in paragraph 1 of article 100 – in the case of revenues; court orders of one same year, and in paragraph 2 – in b) at least 2% (two per cent), for the States of the the case of court orders of all years. South and Southeast Regions, where the backlog Paragraph 7. If it is not possible to ascertain the chrono- of court orders owed by their respective direct and logical priority between 2 (two) court orders, the court indirect administration corresponds to over 35% order stating the smallest amount shall be paid first. (thirty-five per cent) of the net current revenues; Paragraph 8. The employment of the remaining funds II – in the case of Municipalities: shall depend on option to be effected by the States, a) at least 1% (one per cent), for Municipalities of the Federal District, and Municipalities in debt, through the North, Northeast, and Centre-West regions, an Executive Power act, in accordance with the follo- or for those Municipalities where the backlog of wing modes, which may be applied either separately court orders owed by their respective direct and or simultaneously: indirect administration corresponds to up to 35% I – payment of court orders by means of auctions; (thirty-five per cent) of the net current revenues; II – payment in cash of court orders not paid up under b) at least 1.5% (one whole and five tenths per cent), the terms of paragraph 6 and of item I, in a single, in- for Municipalities of the South and Southeast creasing order of respective amounts; Regions, where the backlog of court orders owed III – payment through direct agreement with creditors, by their respective direct and indirect adminis- under the terms of law specific to each federating unit tration corresponds to over 35% (thirty-five per in debt, which may provide for the establishment and cent) of the net current revenues. mode of operation of conciliation panels. Paragraph 3. For the purposes of this article, net cur- Paragraph 9. The following shall apply to the auctions rent revenues mean the total sum of tax, industry, and referred to in item I of paragraph 8 of this article: agriculture revenues, property income, revenues from I – auctions shall be carried out through an electronic contributions and from services, current transfers, and system managed by an entity authorized by the Brazilian other current revenues, including those deriving from Securities and Exchange Commission (CVM) or by the paragraph 1 of article 20 of the Federal Constitution, Central Bank of Brazil; such total sum being computed in the period including II – court orders – or a installment of a court order the reference month and the 11 (eleven) preceding amount as designated by its holder – with respect to months, excluding any double counting but at the same which no appeal or challenge of any nature whatsoever time deducting: is pending within the Judicial Power shall be qualified I – in the case of the States, the portions remitted to to take part in an auction, whereas, at the initiative the Municipalities as set forth by the Constitution; of the Executive Power, it will be permitted to offset II – in the case of the States, the Federal District, and court-order debt payments against clear legal debits, Municipalities, the contribution paid by respective either registered or not under debts in execution and employees to fund their own social security and social attributed to the original debtor by the Treasury in debt assistance system, as well as revenues deriving from up to the date of issuance of respective court order, the financial offsetting referred to in paragraph 9 of save for those whose enforceability has been stayed article 201 of the Federal Constitution. under the terms of the law, or which have already been Paragraph 4. The special accounts referred to in pa- subject to deduction under the terms of paragraph 9 ragraphs 1 and 2 shall be managed by the respective of article 100 of the Federal Constitution; Court of Justice, for payment of judicial orders issued III – auctions will be effected through public offer to by courts. all creditors qualified by the respective federating Paragraph 5. The funds deposited into the special ac- unit in debt; counts referred to in paragraphs 1 and 2 of this article

112 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition

IV – any creditor who meets the requirements of item the special accounts referred to in paragraph 1 of this II shall be considered automatically qualified; article, whereas the employment of such amounts must V – auctions shall be carried out as many times as comply with paragraph 5 of this article. necessary to meet the available amount; Paragraph 11. As regards a court order concerning se- VI – inclusion of an installment of the total amount in veral creditors in a joinder of parties, the court of origin an auction will be effected at the discretion of res- of said court order may dismember the total amount pective creditor, at an abatement in the amount of the per creditor, and each creditor may participate in an installment; auction with the total amount such creditor is entitled VII – auctions shall take the form of debt abatement, to, the rule set forth in paragraph 3 of article 100 of the associated with the largest volume offered – either Federal Constitution not being applicable to such case. cumulated or not with the highest percentage of abate- Paragraph 12. Should the legislation referred to in pa- ment, according to the highest percentage of abatement, ragraph 4 of article 100 not be enacted within 180 (one in which case the maximum amount per creditor may hundred and eighty) days as from the date of enactment be stipulated, or according to another criterion to be of Constitutional Amendment No. 62, the following defined in a public call notice; amounts shall prevail for the relevant purposes, for the VIII – the price formation mechanism shall be stated in States, the Federal District, and Municipalities in debt the public call notices issued for each auction; which have failed to regulate the matter: IX – the payment in part of a court order shall be ratified I – 40 (forty) monthly minimum wages in the case of by the court which issued said court order. States and the Federal District; Paragraph 10. Should the funds referred to in item II of II – 30 (thirty) monthly minimum wages in the case of paragraph 1 and in paragraphs 2 and 6 of this article Municipalities. not be made available in due time: Paragraph 13. During the period in which the States, I – there shall be effected attachment of the relevant the Federal District, and Municipalities in debt are amount in the accounts belonging to the States, the effecting payment of court orders through the special Federal District, and Municipalities in debt, by order of regime, they may not be subject to attachment of the Presiding Judge of the Court referred to in paragraph amounts, except when the funds referred to in item II 4, up to the limit of the amount not made available; of paragraph 1 and in paragraph 2 of this article are II – there shall be established, as an alternative, by not made available in due time. order of the Presiding Judge of the relevant Court, in Paragraph 14. The special regime for payment of court favor of creditors of court orders, against the States, orders set forth in item I of paragraph 1 of this article shall the Federal District, and Municipalities in debt, a clear be in force for as long as the amount of court-ordered legal right – self-enforceable and irrespective of re- debts is higher than the amount of funds earmarked gulation – to automatic offsetting against clear debits under the terms of paragraph 2 of this article, or for attributed to said creditors by such debtors, whereas, a fixed period of 15 (fifteen) years in the case of the there being a balance in favor of a creditor, such amount option referred to in item II of paragraph 1. shall automatically be deductible from the taxes owed Paragraph 15. Court-ordered debts divided into ins- to the States, the Federal District, and Municipalities tallments under the terms of article 33 or article 78 of in debt, up to the offsetting limits; this Temporary Constitutional Provisions Act and whose III – the head of respective Executive Power shall be payment is still pending shall be included in the special held liable under the terms of the legislation on fiscal regime with the amount of all pending installments responsibility and administrative dishonesty; being updated, whereas the balance of any judicial and IV – for as long as non-compliance prevails, the fede- extrajudicial agreements shall also be included in the rating unit in debt: special regime. a) shall not be allowed to raise loans at home or Paragraph 16. As from the date Constitutional Amendment abroad; No. 62 is enacted, the amounts stated in court orders, b) shall not be entitled to receive voluntary transfers; up until effective payment, irrespective of their nature, V – the Federal Government shall not effect the re- shall be adjusted according to the official rate applied mittances regarding the Revenue Sharing Fund of the to savings accounts, whereas, for the purpose of com- States and the Federal District and the Revenue Sharing pensation of delay in the payment, simple interest will Fund of Municipalities, depositing them instead into be applied at the same percentage of interest applied

113 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition to savings accounts, the employment of compensatory V – as of year 2019: 100% (one hundred percent) for the interest being excluded. State of destination. Paragraph 17. While the special regime is in force, any Article 100. Until the supplementary law mentioned amount in excess of the limit set forth in paragraph 2 in item II of paragraph 1 of article 40 of the Federal of article 100 of the Federal Constitution shall be paid Constitution comes into force, the justices of the Federal in accordance with paragraphs 6 and 7 or with items Supreme Court, of the Higher Courts and of the National I, II, and III of paragraph 8 of this article, whereas the Accounts Court will retire, compulsorily, at the age of amounts used to meet the provision of paragraph 2 of 75 (seventy five), under the conditions of article 52 of article 100 of the Federal Constitution shall be com- the Federal Constitution. (CA No. 88, 2015) puted for the purposes of paragraph 6 of this article. Paragraph 18. While the special regime referred to in Brasília, October 5, 1988. this article is in effect, the original holders of court Ulysses Guimarães, President, Mauro Benevides, First orders who have reached the age of 60 (sixty) years old Vice-President, Jorge Arbage, Second Vice-President, by the date of enactment of Constitutional Amendment Marcelo Cordeiro, First Secretary, Mário Maia, Second No. 62 shall also be entitled to the priority referred to Secretary, Arnaldo Faria de Sá, Third Secretary, Benedita in paragraph 6. da Silva, First Substitute Secretary, Luiz Soyer, Second Article 98. The number of Public Legal Defenders in each Substitute Secretary, Sotero Cunha, Third Substitute judicial district shall be proportional to the effective Secretary, Bernardo Cabral, Reporter-General, Adolfo demand for the service of the Public Legal Defense and Oliveira, Adjunct Reporter, Antonio Carlos Konder Reis, to the respective population. (CA No. 80, 2014) Adjunct Reporter, José Fogaça, Adjunct Reporter. Paragraph 1. Within 8 (eight) years, the Union, the States, Abigail Feitosa, Acival Gomes, Adauto Pereira, Ademir and the Federal District shall have Public Legal Defen- Andrade, Adhemar de Barros Filho, Adroaldo Streck, ders in all of their judicial districts, with due regard for Adylson Motta, Aécio de Borba, Aécio Neves, Affonso the head paragraph of this article. Camargo, Afif Domingos, Afonso Arinos, Afonso Sancho, Paragraph 2. During the period set forth in paragraph 1 Agassiz Almeida, Agripino de Oliveira Lima, Airton of this article, the assignment of Public Legal Defenders Cordeiro, Airton Sandoval, Alarico Abib, Albano Franco, shall be effected so as to serve, on a priority basis, Albérico Cordeiro, Albérico Filho, Alceni Guerra, Alcides those regions with higher levels of social exclusion and Saldanha, Aldo Arantes, Alércio Dias, Alexandre Costa, higher population density. Alexandre Puzyna, Alfredo Campos, Almir Gabriel, Article 99. For the purposes of the provisions in item VII Aloisio Vasconcelos, Aloysio Chaves, Aloysio Teixeira, of paragraph 2 of article 155, in the case of transactions Aluizio Bezerra, Aluízio Campos, Álvaro Antônio, Álvaro and renderings of goods and services to end-users lo- Pacheco, Álvaro Valle, Alysson Paulinelli, Amaral Netto, cated in another State, who are not taxpayers, the taxes Amaury Müller, Amilcar Moreira, Ângelo Magalhães, corresponding to the difference between the internal Anna Maria Rattes, Annibal Barcellos, Antero de Barros, rate and the interstate rate will be shared between Antônio Câmara, Antônio Carlos Franco, Antonio Carlos the State of origin and the State of destination, in the Mendes Thame, Antônio de Jesus, Antonio Ferreira, following proportions: (CA No. 87, 2015) Antonio Gaspar, Antonio Mariz, Antonio Perosa, Antônio I – for the year 2015: 20% (twenty per cent) for the Salim Curiati, Antonio Ueno, Arnaldo Martins, Arnaldo State of destination and 80% (eighty percent) for the Moraes, Arnaldo Prieto, Arnold Fioravante, Arolde de State of origin; Oliveira, Artenir Werner, Artur da Távola, Asdrubal II – for the year 2016: 40% (forty percent) for the State Bentes, Assis Canuto, Átila Lira, Augusto Carvalho, of destination and 60% (sixty percent) for the State Áureo Mello, Basílio Villani, Benedicto Monteiro, Benito of origin; Gama, Beth Azize, Bezerra de Melo, Bocayuva Cunha, III – for the year 2017: 60% (sixty percent) for the State Bonifácio de Andrada, Bosco França, Brandão Monteiro, of destination and 40% (forty percent) for the State Caio Pompeu, Carlos Alberto, Carlos Alberto Caó, Carlos of origin; Benevides, Carlos Cardinal, Carlos Chiarelli, Carlos IV – for the year 2018: 80% (eighty percent) for the Cotta, Carlos De’Carli, Carlos Mosconi, Carlos Sant’Anna, State of destination and 20% (twenty percent) for the Carlos Vinagre, Carlos Virgílio, Carrel Benevides, Cássio State of origin; Cunha Lima, Célio de Castro, Celso Dourado, César Cals

114 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition

Neto, César Maia, Chagas Duarte, Chagas Neto, Chagas João Menezes, João Natal, João Paulo, João Rezek, Rodrigues, Chico Humberto, Christóvam Chiaradia, Cid Joaquim Bevilácqua, Joaquim Francisco, Joaquim Hayckel, Carvalho, Cid Sabóia de Carvalho, Cláudio Ávila, Joaquim Sucena, Jofran Frejat, Jonas Pinheiro, Jonival Cleonâncio Fonseca, Costa Ferreira, Cristina Tavares, Lucas, Jorge Bornhausen, Jorge Hage, Jorge Leite, Jorge Cunha Bueno, Dálton Canabrava, Darcy Deitos, Darcy Uequed, Jorge Vianna, José Agripino, José Camargo, Pozza, Daso Coimbra, Davi Alves Silva, Del Bosco Amaral, José Carlos Coutinho, José Carlos Grecco, José Carlos Delfim Netto, Délio Braz, Denisar Arneiro, Dionisio Dal Martinez, José Carlos Sabóia, José Carlos Vasconcelos, Prá, Dionísio Hage, Dirce Tutu Quadros, Dirceu Carneiro, José Costa, José da Conceição, José Dutra, José Egreja, Divaldo Suruagy, Djenal Gonçalves, Domingos Juvenil, José Elias, José Fernandes, José Freire, José Genoíno, Domingos Leonelli, Doreto Campanari, Edésio Frias, José Geraldo, José Guedes, José Ignácio Ferreira, José Edison Lobão, Edivaldo Motta, Edme Tavares, Edmilson Jorge, José Lins, José Lourenço, José Luiz de Sá, José Valentim, Eduardo Bonfim, Eduardo Jorge, Eduardo Luiz Maia, José Maranhão, José Maria Eymael, José Moreira, Egídio Ferreira Lima, Elias Murad, Eliel Rodrigues, Maurício, José Melo, José Mendonça Bezerra, José Moura, Eliézer Moreira, Enoc Vieira, Eraldo Tinoco, Eraldo José Paulo Bisol, José Queiroz, José Richa, José Santana Trindade, Erico Pegoraro, Ervin Bonkoski, Etevaldo de Vasconcellos, José Serra, José Tavares, José Teixeira, Nogueira, Euclides Scalco, Eunice Michiles, Evaldo José Thomaz Nonô, José Tinoco, José Ulísses de Oliveira, Gonçalves, Expedito Machado, Ézio Ferreira, Fábio José Viana, José Yunes, Jovanni Masini, Juarez Antunes, Feldmann, Fábio Raunheitti, Farabulini Júnior, Fausto Júlio Campos, Júlio Costamilan, Jutahy Júnior, Jutahy Fernandes, Fausto Rocha, Felipe Mendes, Feres Nader, Magalhães, Koyu Iha, Lael Varella, Lavoisier Maia, Leite Fernando Bezerra Coelho, Fernando Cunha, Fernando Chaves, Lélio Souza, Leopoldo Peres, Leur Lomanto, Gasparian, Fernando Gomes, Fernando Henrique Cardoso, Levy Dias, Lézio Sathler, Lídice da Mata, Louremberg Fernando Lyra, Fernando Santana, Fernando Velasco, Nunes Rocha, Lourival Baptista, Lúcia Braga, Lúcia Firmo de Castro, Flavio Palmier da Veiga, Flávio Rocha, Vânia, Lúcio Alcântara, Luís Eduardo, Luís Roberto Florestan Fernandes, Floriceno Paixão, França Teixeira, Ponte, Luiz Alberto Rodrigues, Luiz Freire, Luiz Gushiken, Francisco Amaral, Francisco Benjamim, Francisco Luiz Henrique, Luiz Inácio Lula da Silva, Luiz Leal, Luiz Carneiro, Francisco Coelho, Francisco Diógenes, Francisco Marques, Luiz Salomão, Luiz Viana, Luiz Viana Neto, Dornelles, Francisco Küster, Francisco Pinto, Francisco Lysâneas Maciel, Maguito Vilela, Maluly Neto, Manoel Rollemberg, Francisco Rossi, Francisco Sales, Furtado Castro, Manoel Moreira, Manoel Ribeiro, Mansueto de Leite, Gabriel Guerreiro, Gandi Jamil, Gastone Righi, Lavor, Manuel Viana, Márcia Kubitschek, Márcio Braga, Genebaldo Correia, Genésio Bernardino, Geovani Borges, Márcio Lacerda, Marco Maciel, Marcondes Gadelha, Geraldo Alckmin Filho, Geraldo Bulhões, Geraldo Campos, Marcos Lima, Marcos Queiroz, Maria de Lourdes Abadia, Geraldo Fleming, Geraldo Melo, Gerson Camata, Gerson Maria Lúcia, Mário Assad, Mário Covas, Mário de Oliveira, Marcondes, Gerson Peres, Gidel Dantas, Gil César, Gilson Mário Lima, Marluce Pinto, Matheus Iensen, Mattos Machado, Gonzaga Patriota, Guilherme Palmeira, Leão, Maurício Campos, Maurício Correa, Maurício Gumercindo Milhomem, Gustavo de Faria, Harlan Fruet, Maurício Nasser, Maurício Pádua, Maurílio Ferreira Gadelha, Haroldo Lima, Haroldo Sabóia, Hélio Costa, Lima, Mauro Borges, Mauro Campos, Mauro Miranda, Hélio Duque, Hélio Manhães, Hélio Rosas, Henrique Mauro Sampaio, Max Rosenmann, Meira Filho, Melo Córdova, Henrique Eduardo Alves, Heráclito Fortes, Freire, Mello Reis, Mendes Botelho, Mendes Canale, Hermes Zaneti, Hilário Braun, Homero Santos, Humberto Mendes Ribeiro, Messias Góis, Messias Soares, Michel Lucena, Humberto Souto, Iberê Ferreira, Ibsen Pinheiro, Temer, Milton Barbosa, Milton Lima, Milton Reis, Miraldo Inocêncio Oliveira, Irajá Rodrigues, Iram Saraiva, Irapuan Gomes, Miro Teixeira, Moema São Thiago, Moysés Costa Júnior, Irma Passoni, Ismael Wanderley, Israel Pimentel, Mozarildo Cavalcanti, Mussa Demes, Myrian Pinheiro, Itamar Franco, Ivo Cersósimo, Ivo Lech, Ivo Portella, Nabor Júnior, Naphtali Alves de Souza, Narciso Mainardi, Ivo Vanderlinde, Jacy Scanagatta, Jairo Azi, Mendes, Nelson Aguiar, Nelson Carneiro, Nelson Jobim, Jairo Carneiro, Jalles Fontoura, Jamil Haddad, Jarbas Nelson Sabrá, Nelson Seixas, Nelson Wedekin, Nelton Passarinho, Jayme Paliarin, Jayme Santana, Jesualdo Friedrich, Nestor Duarte, Ney Maranhão, Nilso Sguarezi, Cavalcanti, Jesus Tajra, Joaci Góes, João Agripino, João Nilson Gibson, Nion Albernaz, Noel de Carvalho, Nyder Alves, João Calmon, João Carlos Bacelar, João Castelo, Barbosa, Octávio Elísio, Odacir Soares, Olavo Pires, João Cunha, João da Mata, João de Deus Antunes, João Olívio Dutra, Onofre Corrêa, Orlando Bezerra, Orlando Herrmann Neto, João Lobo, João Machado Rollemberg, Pacheco, Oscar Corrêa, Osmar Leitão, Osmir Lima,

115 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition

Osmundo Rebouças, Osvaldo Bender, Osvaldo Coelho, REVISION CONSTITUTIONAL AMENDMENTS Osvaldo Macedo, Osvaldo Sobrinho, Oswaldo Almeida, Oswaldo Trevisan, Ottomar Pinto, Paes de Andrade, REVISION CONSTITUTIONAL Paes Landim, Paulo Delgado, Paulo Macarini, Paulo AMENDMENT No. 1, 1994 Marques, Paulo Mincarone, Paulo Paim, Paulo Pimentel, The Directing Board of the National Congress, under Paulo Ramos, Paulo Roberto, Paulo Roberto Cunha, the terms of article 60 of the Federal Constitution, Paulo Silva, Paulo Zarzur, Pedro Canedo, Pedro Ceolin, combined with article 3 of the Temporary Constitutional Percival Muniz, Pimenta da Veiga, Plínio Arruda Sampaio, Provisions Act, promulgates the following Constitutional Plínio Martins, Pompeu de Sousa, Rachid Saldanha Amendment: Derzi, Raimundo Bezerra, Raimundo Lira, Raimundo Rezende, Raquel Cândido, Raquel Capiberibe, Raul Article 1. Articles 71, 72 and 73, with the following wor- Belém, Raul Ferraz, Renan Calheiros, Renato Bernardi, ding, are hereby added to the Temporary Constitutional Renato Johnsson, Renato Vianna, Ricardo Fiuza, Ricardo Provisions Act: Izar, Rita Camata, Rita Furtado, Roberto Augusto, “Article 71. The Emergency Social Fund is hereby ins- Roberto Balestra, Roberto Brant, Roberto Campos, tituted for the fiscal years of 1994 and 1995, aiming at Roberto D’Ávila, Roberto Freire, Roberto Jefferson, the financial recuperation of the Federal Public Finan- Roberto Rollemberg, Roberto Torres, Roberto Vital, ces and the economic stabilization, the resources of Robson Marinho, Rodrigues Palma, Ronaldo Aragão, which shall be applied to the actions of the health and Ronaldo Carvalho, Ronaldo Cezar Coelho, Ronan Tito, education systems, the welfare benefits and welfare Ronaro Corrêa, Rosa Prata, Rose de Freitas, Rospide assistance of permanent nature, including the payment Netto, Rubem Branquinho, Rubem Medina, Ruben of welfare debts, as well as other programs of great Figueiró, Ruberval Pilotto, Ruy Bacelar, Ruy Nedel, Sadie social and economic interest. Hauache, Salatiel Carvalho, Samir Achôa, Sandra Sole paragraph. The provision of the final part of item Cavalcanti, Santinho Furtado, Sarney Filho, Saulo II of paragraph 9 of article 165 of the Constitution Queiroz, Sérgio Brito, Sérgio Spada, Sérgio Werneck, shall not apply, in the 1994 fiscal year, to the the Fund Severo Gomes, Sigmaringa Seixas, Sílvio Abreu, Simão established by this article. Sessim, Siqueira Campos, Sólon Borges dos Reis, Stélio Article 72. The Emergency Social Fund is comprised of: Dias, Tadeu França, Telmo Kirst, Teotonio Vilela Filho, I – the proceeds from the collection of the tax on inco- Theodoro Mendes, Tito Costa, Ubiratan Aguiar, Ubiratan me and earnings of any nature to be levied at source Spinelli, Uldurico Pinto, Valmir Campelo, Valter Pereira, on payments of any nature effected by the Union, Vasco Alves, Vicente Bogo, Victor Faccioni, Victor Fontana, including its autonomous government agencies and Victor Trovão, Vieira da Silva, Vilson Souza, Vingt Rosado, foundations; Vinicius Cansanção, Virgildásio de Senna, Virgílio Galassi, II – the part of the proceeds from the collection of the Virgílio Guimarães, Vitor Buaiz, Vivaldo Barbosa, Vladimir tax on rural property, of the tax on income and earnings Palmeira, Wagner Lago, Waldec Ornélas, Waldyr Pugliesi, of any nature, and of the tax on credit, foreign exchange Walmor de Luca, Wilma Maia, Wilson Campos, Wilson and insurance transactions, or transactions relating Martins, Ziza Valadares. to bonds and securities, resulting from the changes Participants: Álvaro Dias, Antônio Britto, Bete Mendes, generated by Provisional Measure 419 and from Laws Borges da Silveira, Cardoso Alves, Edivaldo Holanda, No. 8,847, 8,849, and 8,848, all dated January 28, 1994, Expedito Júnior, Fadah Gattass, Francisco Dias, Geovah the period in force of the latter being extended to Amarante, Hélio Gueiros, Horácio Ferraz, Hugo Napoleão, December 31, 1995; Iturival Nascimento, Ivan Bonato, Jorge Medauar, José III – the part of the proceeds from the collection due Mendonça de Morais, Leopoldo Bessone, Marcelo Mi- to the increase of the rate of welfare contribution on randa, Mauro Fecury, Neuto de Conto, Nivaldo Machado, the profit of taxpayers mentioned in paragraph 1 of Oswaldo Lima Filho, Paulo Almada, Prisco Viana, Ralph article 22 of Law No. 8,212 of July 24, 1991, which, in the Biasi, Rosário Congro Neto, Sérgio Naya, Tidei de Lima. fiscal years of 1994 and 1995 shall be of 30 percent, the other stipulations of Law No. 7,869 of December In Memoriam: Alair Ferreira, Antônio Farias, Fábio 15, 1988 remaining unchanged; Lucena, Norberto Schwantes, Virgílio Távora.

Published in the Official Journal, October 5, 1988.

116 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition

IV – twenty percent of the proceeds from the collection THE DIRECTING BOARD OF THE NATIONAL CONGRESS: of all taxes and contributions to the Union, except Humberto Lucena, President – Adylson Motta, First those provided by items I, II and III; Vice-President – Levy Dias, Second Vice-President – V – the part of the proceeds from the collection of the Wilson Campos, First Secretary – Nabor Júnior, Second contribution mentioned in Supplementary Law No. 7, Secretary – Aécio Neves, Third Secretary – Nelson We- of September 7, 1970, owed by the juridical entities dekin, Fourth Secretary. referred to in item III of this article, which will be cal- Published in the Official Journal, March 2, 1994. culated, in the fiscal years of 1994 and 1995, through the employment of a rate of seventy five hundredths REVISION CONSTITUTIONAL of one percent on the gross operating income, as AMENDMENT No. 2, 1994 defined in the legislation of income tax and earnings The Directing Board of the National Congress, under of any nature; the provisions of article 60 of the Federal Constitution, VI – other incomes defined in specific legislation. combined with article 3 of the Temporary Constitutional Paragraph 1. The rates and calculation base defined Provisions Act, promulgates the following Constitutional in items III and V shall be applied as from the first Amendment: day of the month following the ninetieth day after the promulgation of this amendment. Article 1. The expression “or any chief officers of agencies Paragraph 2. The parts referred to in items I, II, III and directly subordinate to the Presidency of the Republic” V shall be previously deducted of the calculation base is added to the text of article 50 of the Constitution, of any legal or constitutional designation or participa- which shall henceforth be in force with the following tion, and the provisions of articles 158, item II, 159, 212 wording: and 239 of the Constitution shall not apply to them. “Article 50. The Chamber of Deputies and the Federal Paragraph 3. The part referred to in item IV shall be Senate, or any of their committees, may summon a previously deducted from the calculation base of any Minister of State or any chief officers of agencies di- constitutional or legal designation or participation rectly subordinate to the Presidency of the Republic stipulated by articles 153, paragraph 5, 157, item II, to personally render information on a previously de- 158, item II, 212 and 239 of the Constitution. termined matter, and this absence without adequate Paragraph 4. The provision of the former paragraph justification shall constitute a crime of malversation.” shall not apply to the resources provided by article Article 2. The expression “or any of the persons mentio- 159 of the Constitution. ned in the caption of this article” is added to paragraph Paragraph 5. The part of the resources originating 2 of article 50, which shall henceforth be in force with from the tax on rural property and from the tax on the following wording: income and earnings of any nature, designated for the “Article 50. […] Emergency Social Fund, as provided by item II of this Paragraph 2. The Directing Boards of the Chamber of article, shall not exceed: Deputies and of the Federal Senate may forward to the I – in the case of the tax on rural property, eighty six Ministers of State, or any of the persons mentioned in and two-tenths of one percent of the total proceeds the head paragraph of this article, written requests for from its collection; information, and refusal or non-compliance, within a II – in the case of the tax on income and earnings of period of thirty days, as well as the rendering of false any nature, five and six-tenths of one percent of the information, shall constitute a crime of malversation.” total proceeds from its collection. Article 73. In the regulation of the Emergency Social Article 3. This Constitutional Amendment shall come Fund, the instrument provided by item V of article 59 into force on the date of its publication. of the Constitution may not be applied.” Brasília, June 7, 1994. Article 2. Paragraph 4 of article 2 of the Constitutional THE DIRECTING BOARD OF THE NATIONAL CONGRESS: Amendment No. 3 of 1993 is hereby revoked. Humberto Lucena, President – Adylson Motta, First Article 3. This amendment shall come into force on the Vice-President – Levy Dias, Second Vice-President – date of its publication. Wilson Campos, First Secretary – Nabor Junior, Second

Brasília, March 1, 1994.

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Secretary – Aécio Neves, Third Secretary – Nelson We- THE DIRECTING BOARD OF THE NATIONAL CONGRESS: dekin, Fourth Secretary. Humberto Lucena, President – Adylson Motta, First Vice-President – Levy Dias, Second Vice-President – Published in the Official Journal, June 9, 1994. Wilson Campos, First Secretary – Nabor Junior, Second REVISION CONSTITUTIONAL Secretary – Aécio Neves, Third Secretary – Nelson We- AMENDMENT No. 3, 1994 dekin, Fourth Secretary. The Directing Board of the National Congress, under Published in the Official Journal, June 9,1994. the terms of article 60 of the Federal Constitution, combined with article 3 of the Temporary Constitutional REVISION CONSTITUTIONAL Provisions Act, promulgates the following Constitutional AMENDMENT No. 4, 1994 Amendment: The Directing Board of the National Congress, under the terms of article 60 of the Federal Constitution, Article 1. Subitem c of item I, subitem b of item II, para- combined with article 3 of the Temporary Constitutional graph 1 and item II of paragraph 4 of article 12 of the Provisions Act, promulgates the following Constitutional Federal Constitution shall henceforth be in force with Amendment: the following wording: “Article 12. […] Article 1. The expressions: “administrative probity, I – […] morality for the exercise of the office, the previous life a) […] of the candidate being considered, and”, are added to b) […] paragraph 9 of article 14 of the Constitution, after the c) Those born abroad, of a Brazilian father or a expression “in order to protect”, the provision being Brazilian mother, provided that they come to henceforth in force with the following wording: reside in the Federative Republic of Brazil and “Article 14. […] opt for the Brazilian nationality at any time; Paragraph 9. In order to protect the administrative II – […] probity, morality for the exercise of the office, the a) […] previous life of the candidate being considered, and b) foreigners of any nationality, resident in the the normality and legitimacy of the elections against Federative Republic of Brazil for over fifteen the influence of the economic power or of the abuse uninterrupted years and without criminal con- in the holding of office, position or job in the direct viction, provided that they apply for the Brazilian or indirect public administration, a supplementary nationality. law shall establish other cases of ineligibility and the Paragraph 1. The rights inherent to Brazilians shall periods for such ineligibilities to cease. be attributed to Portuguese citizens with permanent […] ” residence in Brazil, if there is reciprocity in favour of Article 2. This Constitutional Amendment shall come Brazilians, except in the cases stated in the Constitution. into force on the date of its publication. Paragraph 2. […] Paragraph 3. […] Brasília, June 7, 1994. Paragraph 4. […] THE DIRECTING BOARD OF THE NATIONAL CONGRESS: I – […] Humberto Lucena, President – Adylson Motta, First II – acquires another nationality, save in the cases: Vice-President – Levy Dias, Second Vice-President – a) of recognition of the original nationality by the Wilson Campos, First Secretary – Nabor Junior, Second foreign law; Secretary – Aécio Neves, Third Secretary – Nelson We- b) of imposition of naturalization, under the foreign dekin, Fourth Secretary. rules, to the Brazilian resident in a foreign State, as a condition for permanence in its territory, or Published in the Official Journal, June 9, 1994. for the exercise of civil rights.” REVISION CONSTITUTIONAL Article 2. This Constitutional Amendment shall come AMENDMENT No. 5, 1994 into force on the date of its publication. The Directing Board of the National Congress, under Brasília, June 7, 1994. the terms of article 60 of the Federal Constitution,

118 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition combined with article 3 of the Temporary Constitutional CONSTITUTIONAL AMENDMENTS Provisions Act, promulgates the following Constitutional Amendment: CONSTITUTIONAL AMENDMENT No. 1, 1992

Article 1. In article 82, the expression “five years” is Provides for the remuneration of State Deputies and City replaced by “four years”. Councilmen.

Article 2. This Constitutional Amendment shall come The Directing Boards of the Chamber of Deputies and into force on January 1, 1995. of the Federal Senate, under the terms of paragraph 3 of article 60, of the Federal Constitution, promulgate Brasília, June 7, 1994. the following Amendment to the constitutional text: THE DIRECTING BOARD OF THE NATIONAL CONGRESS: Article 1. Paragraph 2 of article 27 of the Constitution Humberto Lucena, President – Adylson Motta, First shall henceforth be in force with the following wording: Vice-President – Levy Dias, Second Vice-President – “Article 27. […] Wilson Campos, First Secretary – Nabor Junior, Second Paragraph 2. The remuneration of the State Deputies Secretary – Aécio Neves, Third Secretary – Nelson We- shall be established in each legislative term, for the dekin, Fourth Secretary. subsequent one, by the Legislative Assembly, as pro- Published in the Official Journal, June 9, 1994. vided by articles 150, item II, 153, item III, and 153, paragraph 2, item I, in the proportion of seventy-five REVISION CONSTITUTIONAL percent, at most, of the remuneration established, in AMENDMENT No. 6, 1994 legal tender, for the Federal Deputies. The Directing Board of the National Congress, under […]” the terms of article 60 of the Federal Constitution, Article 2. The following items VI and VII are added to combined with article 3 of the Temporary Constitutional article 29 of the Constitution, the subsequent ones Provisions Act, promulgates the following Constitutional being renumbered: Amendment: “Article 29. […] Article 1. Paragraph 4 is added to article 55, with the VI – the remuneration of the City Councilmen shall following wording: correspond, at the most, to seventy-five percent of the “Article 55. […] remuneration established, in legal tender, for the State Paragraph 4. The resignation of a Congressman sub- Deputies, except for the provisions of article 37, itemXI; mitted to a legal suit that aims at or may lead to loss VII – the total expenditure with the remuneration of of mandate, under the provisions of this article, will the City Councilmen may not exceed the amount of five have its effects suspended until the final deliberations percent of the revenue of the Municipality; mentioned in paragraphs 2 and 3.” […]”

Article 2. This Constitutional Amendment shall come Article 3. This Constitutional Amendment shall come into force on the date of its publication. into force on the date of its publication.

Brasília, June 7, 1994. Brasília, March 31, 1992.

THE DIRECTING BOARD OF THE NATIONAL CONGRESS: THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Humberto Lucena, President – Adylson Motta, First Deputy Ibsen Pinheiro, President – Deputy Waldir Pires, Vice-President – Levy Dias, Second Vice-President – Second Vice-President – Deputy Cunha Bueno, Third Wilson Campos, First Secretary – Nabor Junior, Second Secretary – Deputy Max Rosenmann, Fourth Secretary. Secretary – Aécio Neves, Third Secretary – Nelson We- THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator dekin, Fourth Secretary. Mauro Benevides, President – Senator Alexandre Costa, Published in the Official Journal, June 9, 1994. First Vice-President – Senator Carlos De’Carli, Second Vice-President – Senator Dirceu Carneiro, First Secretary – Senator Márcio Lacerda, Second Secretary – Senator Iram Saraiva, Fourth Secretary.

Published in the Official Journal, April 6, 1992.

119 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition

CONSTITUTIONAL AMENDMENT No. 2, 1992 Article 1. The provisions of the Federal Constitution Provides for the plebiscite set forth in article 2 of the Temporary enumerated below shall henceforth be in force with Constitutional Provisions Act. the following alterations: “Article 40. […] The Directing Boards of the Chamber of Deputies and Paragraph 6. The retirement and pension benefits of of the Federal Senate, under the terms of paragraph 3 the federal civil servants shall be financed by resources of article 60, of the Federal Constitution, promulgate originating from the Union and from the contributions the following Amendment to the constitutional text: of the civil servants, under the terms of the law.” Sole article. The plebiscite mentioned in article 2 of “Article 42. […] the Temporary Constitutional Provisions Act shall be Paragraph 10. The provisions in article 40, paragraphs held on April 21, 1993. 4, 5, and 6 apply to the servicemen referred to in this Paragraph 1. The form and system of government article and to their pensioners. defined by the plebiscite shall become effective on […]” January 1, 1995. “Article 102. […] Paragraph 2. The law may provide for the holding of the I – […] plebiscite, including provisions for the free divulgation, a) direct actions of unconstitutionality of a federal free of charge, of the forms and systems of government, or State law or normative act, and declaratory through public utility mass communication vehicles, actions of constitutionality of a federal law or equal allotment of time and parity of scheduling being normative act; ensured. Paragraph 1. A claim of non-compliance with a funda- Paragraph 3. The rule set forth in the preceding paragra- mental precept deriving from this Constitution shall ph does not preclude the competence of the Superior be examined by the Federal Supreme Court, under the Electoral Court to issue instructions necessary to the terms of the law. holding of the plebiscite. Paragraph 2. Final decisions on merits, pronounced by the Federal Supreme Court, in declaratory actions Brasília, August 25, 1992. of constitutionality of a federal law or normative act, THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: shall have force against all, as well as a binding effect, Deputy Ibsen Pinheiro, President – Deputy Genésio as regards the other bodies of the Judicial Power, as Bernardino, First Vice-President – Deputy Waldir Pires, well as the Executive Power.” Second Vice-President – Deputy Inocêncio Oliveira, First “Article 103. […] Secretary – Deputy Etevaldo Nogueira, Second Secre- Paragraph 4. A declaratory action of constitutionality tary – Deputy Cunha Bueno, Third Secretary – Deputy may be filed by the President of the Republic, the Max Rosenmann, Fourth Secretary. directing board of the Federal Senate, the directing board of The Chamber of the Deputies or by the At- THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator torney-General of the Republic.” Mauro Benevides, President – Senator Alexandre Costa, “Article 150. […] First Vice-President – Senator Carlos De’Carli, Second Paragraph 6. Any subsidy or exemption, reduction of as- Vice-President – Senator Dirceu Carneiro, First Secretary sessment basis, concession of presumed credit, amnesty – Senator Márcio Lacerda, Second Secretary – Senator or remission, related to taxes, fees or contributions, Rachid Saldanha Derzi, Third Secretary – Senator Iram may only be granted by means of a specific federal, Saraiva, Fourth Secretary. state or Municipal law, which provides exclusively for Published in the Official Journal, September 1, 1992. the above-enumerated matters or the corresponding tax, fee or contribution, without prejudice to the pro- CONSTITUTIONAL AMENDMENT No. 3, 1993 visions of article 155, paragraph 2, item XII, subitem g. The Directing Boards of the Chamber of Deputies and Paragraph 7. The law may impose upon the taxpayer of the Federal Senate, under the terms of paragraph 3 the burden of the payment of a tax or contribution, of article 60, of the Federal Constitution, promulgate whose taxable event will occur later, the immediate the following Amendment to the constitutional text: and preferential restitution of the amount paid being ensured, in case the presumed taxable event does not occur.”

120 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition

“Article 155. The States and the Federal District shall 159, items I, subitems a and b, and II, to the granting of have the power to institute taxes on: a guarantee or a counter-guarantee to the Union, and I – transfer by death and donation of any property to the payment of debits owed to the same.” or rights; Article 2. The Union may institute, under the terms of a II – transactions relating to the circulation of goods supplementary law, effective until December 31, 1994, and to the rendering of interstate and interMunicipal a tax on the transaction or transfer of securities and transportation services and services of communica- of credits and rights of a financial nature. tion, even when such transactions and renderings Paragraph 1. The rate of the tax mentioned in the present begin abroad; article shall not exceed twenty-five hundredths percent, III – ownership of automotive vehicles. and the Executive Power may reduce it or re-establish Paragraph 1. The tax established in item I: it, in whole or in part, under the conditions and limits […] set forth in law. Paragraph 2. The tax established in item II shall ob- Paragraph 2. Article 150, items III, subitem b, and VI, serve the following: and the provisions of paragraph 5 of article 153 of this […] Constitution do not apply to the tax mentioned in the Paragraph 3. With the exception of the taxes mentioned present article. in item II of the head paragraph of the present article, Paragraph 3. The proceeds from the collection of the and article 153, items I and II, no other tribute may tax mentioned in the present article are not subject to be levied on transactions concerning electric energy, any mode of sharing with another unit of the federation. telecommunications services, petroleum by-products, Paragraph 4. (Revoked). fuels and minerals of the country.” “Article 156. […] Article 3. The elimination of the tax additional to income III – services of any nature not included in article 155, tax, within the competence of the States, deriving from item II, as defined in a supplementary law. the present Constitutional Amendment, shall only be- […] come effective as of January 1, 1996, the corresponding Paragraph 3. As regards the tax established in item III, rate being reduced to at least two and a half percent a supplementary law shall: in the fiscal year of 1995. I – establish its maximum rates; Article 4. The elimination of the tax on the retail sales of II – exclude exportations of services to other countries liquid and gaseous fuels, within the competence of the from levy of the said tax.” Municipalities, deriving from the present Constitutional “Article 160. […] Amendment, shall only become effective as of January Sole paragraph. The prohibition mentioned in the pre- 1, 1996, the corresponding rate being reduced to at sent article does not prevent the Union and the States least one and a half percent in the fiscal year of 1995. from remitting the funds on condition of payment of their credits, including those of the autonomous go- Article 5. Until December 31, 1999, the States, the Federal vernment agencies.” District and the Municipalities may only issue public “Article 167. […] debt bonds up to the amount necessary to refinance IV – to bind tax revenues to an agency, fund or ex- the principal, adequately updated, of its liabilities, pense, excepting the sharing of the proceeds from represented by that type of bonds, with the exception the collection of the taxes referred to in articles 158 of the provisions of article 33, sole paragraph, of the and 159, the allocation of funds for the maintenance Temporary Constitutional Provisions Act. and development of education, as determined in Article 6. Item IV and paragraph 4 of article 156 of the article 212, and the granting of guarantees on credit Federal Constitution are hereby revoked. transactions by advance of revenues, as established in article 165, paragraph 8, as well as in paragraph 4 Brasília, March 17, 1993. of the present article; THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: […] Deputy Inocêncio Oliveira, President – Deputy Adylson Paragraph 4. It is permitted to bind proper revenues Motta, First Vice-President – Deputy Fernando Lyra, generated by the taxes referred to in articles 155 and Second Vice-President – Deputy Wilson Campos, First 156, and the funds mentioned in articles 157, 158 and

121 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition

Secretary – Deputy Cardoso Alves, Second Secretary – “The States shall have the power to operate, directly Deputy B. Sá, Fourth Secretary. or by means of concession, the local services of piped gas, as provided for by law, it being forbidden to issue THE DIRECTING BOARD OF THE FEDERAL SENATE: Se- any provisional measure for its regulation.” nator Humberto Lucena, President – Senator Chagas Rodrigues, First Vice-President – Senator Levy Dias, Brasília, August 15, 1995. Second Vice-President – Senator Júlio Campos, First THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Secretary – Senator Nabor Júnior, Second Secretary – Luís Eduardo, President – Ronaldo Perim, First Vice-Pre- Senator Júnia Marise, Third Secretary – Senator Nelson sident – Beto Mansur, Second Vice-President – Wilson Wedekin, Fourth Secretary. Campos, First Secretary – Leopoldo Bessone, Second Published in the Official Journal, March 18, 1993. Secretary – Benedito Domingos, Third Secretary – João Henrique, Fourth Secretary. CONSTITUTIONAL AMENDMENT No. 4, 1993 THE DIRECTING BOARD OF THE FEDERAL SENATE: José Gives new wording to article 16 of the Federal Constitution. Sarney, President – Teotonio Vilela Filho, First Vice-Pre- The Directing Boards of the Chamber of Deputies and sident – Júlio Campos, Second Vice-President – Odacir of the Federal Senate, under the terms of paragraph Soares, First Secretary – Renan Calheiros, Second Se- 3 of article 60 of the Federal Constitution, promulgate cretary – Levy Dias, Third Secretary – Ernandes Amorim, the following Amendment to the constitutional text: Fourth Secretary.

Sole article. Article 16 of the Federal Constitution shall Published in the Official Journal, August 16, 1995. henceforth be in force with the following wording: “Article 16. The law that alters the electoral procedure CONSTITUTIONAL AMENDMENT No. 6, 1995 shall come into force on the date of its publication, Alters item IX of article 170, article 171, and paragraph 1 of and shall not apply to the elections that take place article 176 of the Federal Constitution. within one year of it being in force.” The Directing Boards of the Chamber of Deputies and Brasília, September 14, 1993. of the Federal Senate, under the terms of paragraph 3 of article 60 of the Federal Constitution, promulgate THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: the following Amendment to the constitutional text: Deputy Inocêncio Oliveira, President – Deputy Wilson Campos, First Secretary – Deputy Cardoso Alves, Second Article 1. Item IX of article 170 and paragraph 1 of article Secretary – Deputy B. Sá, Fourth Secretary. 176 of the Federal Constitution shall henceforth be in force with the following wording: THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator “Article 170. […] Humberto Lucena, President – Senator Chagas Rodri- IX – preferential treatment for small enterprises orga- gues, First Vice-President – Senator Levy Dias, Second nized under Brazilian laws and having their head-office Vice-President – Senator Júlio Campos, First Secretary and management in Brazil.” – Senator Nabor Júnior, Second Secretary. “Article 176. […] Published in the Official Journal, September 15, 1993. Paragraph 1. The prospecting and mining of mineral resources and the utilization of the potentials men- CONSTITUTIONAL AMENDMENT No. 5, 1995 tioned in the head paragraph of this article may only Alters paragraph 2 of article 25 of the Federal Constitution. take place with authorization or concession by the Union, in the national interest, by Brazilians or by a The Directing Boards of the Chamber of Deputies and company organized under Brazilian laws and having its of the Federal Senate, under the terms of paragraph head-office and management in Brazil, in the manner 3 of article 60 of the Federal Constitution, promulgate set forth by law, which law shall establish specific the following Amendment to the constitutional text: conditions when such activities are to be conducted Sole article. Paragraph 2 of article 25 of the Federal in the boundary zone or on Indian lands.” Constitution shall henceforth be in force with the fol- Article 2. The following article 246 shall be included in lowing wording: Title IX – “General Constitutional Provisions”:

122 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition

“Article 246. The adoption of any provisional measure the wording of which has been altered by means of an for the regulation of any article of the Constitution amendment enacted as of 1995 is forbidden.”28 the wording of which has been altered by means of an Brasília, August 15, 1995. amendment enacted as of 1995 is forbidden.”27 THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Article 3. Article 171 of the Federal Constitution is Luís Eduardo, President – Ronaldo Perim, First Vice-Pre- hereby revoked. sident – Beto Mansur, Second Vice-President – Wilson Brasília, August 15, 1995. Campos, First Secretary – Leopoldo Bessone, Second Secretary – Benedito Domingos, Third Secretary – João THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Henrique, Fourth Secretary. Luís Eduardo, President – Ronaldo Perim, First Vice-Pre- sident – Beto Mansur, Second Vice-President – Wilson THE DIRECTING BOARD OF THE FEDERAL SENATE: José Campos, First Secretary – Leopoldo Bessone, Second Sarney, President – Teotonio Vilela Filho, First Vice-Pre- Secretary – Benedito Domingos, Third Secretary – João sident – Júlio Campos, Second Vice-President – Odacir Henrique, Fourth Secretary. Soares, First Secretary – Renan Calheiros, Second Se- cretary – Levy Dias, Third Secretary – Ernandes Amorim, THE DIRECTING BOARD OF THE FEDERAL SENATE: José Fourth Secretary. Sarney, President – Teotonio Vilela Filho, First Vice-Pre- sident – Júlio Campos, Second Vice-President – Odacir Published in the Official Journal, August 16, 1995. Soares, First Secretary – Renan Calheiros, Second Se- cretary – Levy Dias, Third Secretary – Ernandes Amorim, CONSTITUTIONAL AMENDMENT No. 8, 1995 Fourth Secretary. Alters item XI and subitem a of item XII of article 21 of the Federal Constitution. Published in the Official Journal, August 16, 1995. The Directing Boards of the Chamber of Deputies and CONSTITUTIONAL AMENDMENT No. 7, 1995 of the Federal Senate, under the terms of paragraph Alters article 178 of the Federal Constitution and provides for 3 of article 60 of the Federal Constitution, promulgate the adoption of Provisional Measures. the following Amendment to the constitutional text:

The Directing Boards of the Chamber of Deputies and Article 1. Item XI and subitem a of item XII of article 21 of the Federal Senate, under the terms of paragraph of the Federal Constitution shall henceforth be in force 3 of article 60 of the Federal Constitution, promulgate with the following wording: the following Amendment to the constitutional text: “Article 21. The Union shall have the power to: […] Article 1. Article 178 of the Federal Constitution shall XI – operate, directly or through authorization, conces- henceforth be in force with the following wording: sion or permission, the telecommunications services, “Article 178. The law shall provide for the regulation as set forth by law, which law shall provide for the of air, water and ground transportation, and it shall, in organization of the services, the establishment of a respect to the regulation of international transporta- regulatory agency and other institutional issues; tion, comply with the agreements entered into by the XII – operate, directly or through authorization, con- Union, with due regard to the principle of reciprocity. cession or permission: Sole paragraph. In regulating water transportation, the a) the services of sound broadcasting and of sound law shall set forth the conditions in which the trans- and image broadcasting; portation of goods in coastal and internal navigation […]” will be permitted to foreign vessels.” Article 2. The adoption of any Provisional Measure Article 2. The following article 246 shall be included in for the regulation of the matter set forth in item XI of Title IX – “General Constitutional Provisions”: article 21 with the wording given by this constitutional “Article 246. The adoption of any provisional measure amendment is forbidden. for the regulation of any article of the Constitution Brasília, August 15, 1995.

27. This article was repeated in CA No. 7, 1995. 28. This article had already been added to the Constitution by CA No. 6, 1995.

123 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition

THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Luís Eduardo, President – Ronaldo Perim, First Vice-Pre- Luís Eduardo, President – Ronaldo Perim, First Vice-Pre- sident – Beto Mansur, Second Vice-President – Wilson sident – Beto Mansur, Second Vice-President – Wilson Campos, First Secretary – Leopoldo Bessone, Second Campos, First Secretary – Leopoldo Bessone, Second Secretary – Benedito Domingos, Third Secretary – João Secretary – Benedito Domingos, Third Secretary – João Henrique, Fourth Secretary. Henrique, Fourth Secretary.

THE DIRECTING BOARD OF THE FEDERAL SENATE: José THE DIRECTING BOARD OF THE FEDERAL SENATE: José Sarney, President – Teotonio Vilela Filho, First Vice-Pre- Sarney, President – Teotonio Vilela Filho, First Vice-Pre- sident – Júlio Campos, Second Vice-President – Odacir sident – Júlio Campos, Second Vice-President – Odacir Soares, First Secretary – Renan Calheiros, Second Se- Soares, First Secretary – Renan Calheiros, Second Se- cretary – Levy Dias, Third Secretary – Ernandes Amorim, cretary – Levy Dias, Third Secretary – Ernandes Amorim, Fourth Secretary. Fourth Secretary.

Published in the Official Journal, August 16, 1995. Published in the Official Journal, November 10, 1995.

CONSTITUTIONAL AMENDMENT No. 9, 1995 CONSTITUTIONAL AMENDMENT No. 10, 1996 Gives new wording to article 177 of the Federal Constitution, Alters articles 71 and 72 of the Temporary Constitutional altering and inserting paragraphs. Provisions Act, introduced by the Revision Constitutional Amendment No. 1 of 1994. The Directing Boards of the Chamber of Deputies and of the Federal Senate, under the terms of paragraph The Directing Boards of the Chamber of Deputies and 3 of article 60 of the Federal Constitution, promulgate of the Federal Senate, under the terms of paragraph the following Amendment to the constitutional text: 3 of article 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text: Article 1. Paragraph 1 of article 177 of the Federal Constitution shall henceforth be in force with the fol- Article 1. Article 71 of the Temporary Constitutional lowing wording: Provisions Act shall henceforth be in force with the “Article 177. […] following wording: Paragraph 1. The Union may contract with state-owned “Article 71. The Emergency Social Fund is hereby ins- or with private enterprises for the execution of the ac- tituted for the fiscal years of 1994 and 1995, as well tivities provided for in items I through IV of this article, as for the period from January 1, 1996 through June with due regard for the conditions set forth by law.” 30, 1997, aiming at the financial recuperation of the Federal Public Finances and the economic stabilization, Article 2. A paragraph shall be included, to be numbered the resources of which shall be applied primarily to as paragraph 2, with the following wording, the present the actions of the health and education systems, the paragraph 2 becoming paragraph 3, in article 177 of the welfare benefits and welfare assistance of permanent Federal Constitution: nature, including the payment of welfare debts and “Article 177. […] budgetary expenditures associated to programs of Paragraph 2. The law referred to in paragraph 1 shall great economic and social interest. provide for: Paragraph 1. The provision of the final part of item II I – a guarantee of supply of petroleum products in the of paragraph 9 of article 165 of the Constitution shall whole national territory; not apply to the Fund established by this article. II – the conditions of contracting; Paragraph 2. From the beginning of the 1996 fiscal III – the structure and duties of the regulatory agency year on, the Fund established by this article shall be of the monopoly of the Union.” called Fiscal Stabilization Fund. Article 3. The issuing of any provisional measure for the Paragraph 3. The Executive Power shall publish, on a regulation of the matter set forth in items I through IV bimonthly basis, a budget execution statement, which and in paragraphs 1 and 2 of article 177 of the Federal statement shall list the sources and applications of Constitution is forbidden. the Fund established by this article.”

Brasília, November 9, 1995.

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Article 2. Article 72 of the Temporary Constitutional Paragraph 4. The provision of the former paragraph Provisions Act shall henceforth be in force with the shall not apply to the resources provided by articles following wording: 158, item II, and 159 of the Constitution. “Article 72. The Emergency Social Fund is comprised of: Paragraph 5. The part of the resources originating I – […]; from the tax on income and earnings of any nature, II – the part of the proceeds from the collection of designated for the Emergency Social Fund, as provi- the tax on income and earnings of any nature, and ded by item II of this article, shall not exceed five and of the tax on credit, foreign exchange and insurance six-tenths of one percent of the total proceeds from transactions, or transactions relating to bonds and its collection.” securities, resulting from the changes generated by Article 3. This Constitutional Amendment shall come Law No. 8,894 of June 21, 1994, and by Laws No. 8,849, into force on the date of its publication. and 8,848, both dated January 28, 1994 and further modifications; Brasília, March 4, 1996. III – the part of the proceeds from the collection due THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: to the increase of the rate of welfare contribution on Luís Eduardo, President – Ronaldo Perim, First Vice-Pre- the profit of taxpayers mentioned in paragraph 1 of sident – Beto Mansur, Second Vice-President – Wilson article 22 of Law No. 8,212 of July 24, 1991, which, in the Campos, First Secretary – Leopoldo Bessone, Second fiscal years of 1994 and 1995, as well as in the period Secretary – Benedito Domingos, Third Secretary – João from January 1, 1996 through June 30, 1997, shall be Henrique, Fourth Secretary. of 30 percent, subject to modification by ordinary law, the other stipulations of Law No. 7,689 of December THE DIRECTING BOARD OF THE FEDERAL SENATE: José 15, 1988 remaining unchanged; Sarney, President – Teotonio Vilela Filho, First Vice-Pre- IV – twenty percent of the proceeds from the collection sident – Júlio Campos, Second Vice-President – Odacir of all taxes and contributions to the Union, already Soares, First Secretary – Renan Calheiros, Second Se- instituted or to be instituted, except those provided cretary – Levy Dias, Third Secretary – Ernandes Amorim, by items I, II and III, with due regard to the provisions Fourth Secretary. of paragraphs 3 and 4; Published in the Official Journal, March 7, 1996. V – the part of the proceeds from the collection of the contribution mentioned in Supplementary Law No. 7, CONSTITUTIONAL AMENDMENT No. 11, 1996 of September 7, 1970, owed by the juridical entities Allows the hiring of foreign professors, technicians and scientists referred to in item III of this article, which will be cal- by the Brazilian universities and grants autonomy to the scientific culated, in the fiscal years of 1994 and 1995, as well and technological research institutions. as in the period from January 1, 1996 through June 30, 1997, through the employment of a rate of seventy five The Directing Boards of the Chamber of Deputies and hundredths of one percent, subject to modification of the Federal Senate, under the terms of paragraph by ordinary law, on the gross operating income, as 3 of article 60 of the Federal Constitution, promulgate defined in the legislation of income tax and earnings the following Amendment to the constitutional text: of any nature; and Article 1. Two paragraphs are added to article 207 of VI – […] the Federal Constitution, with the following wording: Paragraph 1. […] “Article 207. […] Paragraph 2. The parts referred to in items I, II, III and Paragraph 1. The universities are permitted to hire V shall be previously deducted from the calculation foreign professors, technicians and scientists as pro- base of any legal or constitutional designation or vided by law. participation, and the provisions of articles 159, 212 Paragraph 2. The provisions of this article apply to and 239 of the Constitution shall not apply to them. scientific and technological research institutions.” Paragraph 3. The part referred to in item IV shall be previously deducted from the calculation base of any Article 2. This Amendment shall come into force on the constitutional or legal designation or participation date of its publication. stipulated by articles 153, paragraph 5, 157, item II, Brasília, April 30, 1996. 212 and 239 of the Constitution.

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THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Campos, First Secretary – Leopoldo Bessone, Second Luís Eduardo, President – Ronaldo Perim, First Vice-Pre- Secretary – Benedito Domingos, Third Secretary – João sident – Beto Mansur, Second Vice-President – Wilson Henrique, Fourth Secretary. Campos, First Secretary – Leopoldo Bessone, Second THE DIRECTING BOARD OF THE FEDERAL SENATE: José Secretary – Benedito Domingos, Third Secretary – João Sarney, President – Teotonio Vilela Filho, First Vice-Pre- Henrique, Fourth Secretary. sident – Júlio Campos, Second Vice-President – Odacir THE DIRECTING BOARD OF THE FEDERAL SENATE: José Soares, First Secretary – Renan Calheiros, Second Se- Sarney, President – Teotonio Vilela, First Vice-President cretary – Ernandes Amorim, Fourth Secretary – Eduardo – Júlio Campos, Second Vice-President – Odacir Soares, Suplicy, Substitute Secretary. First Secretary – Renan Calheiros, Second Secretary – Published in the Official Journal, August 16, 1996. Levy Dias, Third Secretary – Ernandes Amorim, Fourth Secretary. CONSTITUTIONAL AMENDMENT No. 13, 1996 Published in the Official Journal, May 2, 1996. Gives new wording to item II of article 192 of the Federal Constitution. CONSTITUTIONAL AMENDMENT No. 12, 1996 The Directing Boards of the Chamber of Deputies and Grants competency to the Union to establish: provisional of the Federal Senate, under the terms of paragraph contribution on the movement or transmission of monies and 3 of article 60 of the Federal Constitution, promulgate of credits and rights of financial nature. the following Amendment to the constitutional text: The Directing Boards of the Chamber of Deputies and Sole article. Item II of article 192 of the Federal Cons- of the Federal Senate, promulgate, under the terms of titution shall be in force with the following wording: paragraph 3 of article 60 of the Federal Constitution, “Article 192. […] the following Amendment to the constitutional text: II – authorization and operation of insurance, reinsu- Sole article. Article 74 is included in the Temporary rance, social security and capitalization companies, Constitutional Provisions Act, with the following wording: as well as of the supervising agency;” “Article 74. The Union may establish provisional con- Brasília, August 21, 1996. tribution on the movement or transmission of monies and of credits and rights of financial nature. THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Paragraph 1. The rate of the contribution mentioned Luís Eduardo, President – Ronaldo Perim, First Vice-Pre- in this article shall not exceed twenty-five hundredths sident – Beto Mansur, Second Vice-President – Wilson of one percent, and the Executive Power may reduce it Campos, First Secretary – Leopoldo Bessone, Second or reestablish it, in whole or in part, in the conditions Secretary – Benedito Domingos, Third Secretary – João and limits provided for by law. Henrique, Fourth Secretary. Paragraph 2. The provisions of articles 153, paragraph THE DIRECTING BOARD OF THE FEDERAL SENATE: José 5, and 154, item I, of the Constitution shall not apply Sarney, President – Teotonio Vilela Filho, First Vice-Pre- to the contribution mentioned in this article. sident – Júlio Campos, Second Vice-President – Odacir Paragraph 3. The whole of the proceeds from the col- Soares, First Secretary – Renan Calheiros, Second Se- lection of the contribution mentioned in this article cretary – Ernandes Amorim, Fourth Secretary – Eduardo shall be allocated to the National Health Foundation Suplicy – Substitute Secretary. for the financing of health actions and services. Paragraph 4. The liability for the contribution mentio- Published in the Official Journal, August 22, 1996. ned in this article shall be governed by the provisions of article 195, paragraph 6, of the Constitution, and CONSTITUTIONAL AMENDMENT No. 14, 1996 it shall not be collected for longer than two years.” Alters articles 34, 208, 211 and 212 of the Federal Constitution and gives new wording to article 60 of the Temporary Constitutional Brasília, August 15, 1996. Provisions Act. THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: The Directing Boards of the Chamber of Deputies and Luís Eduardo, President – Ronaldo Perim, First Vice-Pre- of the Federal Senate, under the terms of paragraph sident – Beto Mansur, Second Vice-President – Wilson

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3 of article 60 of the Federal Constitution, promulgate are inserted into it, with the article having the following the following Amendment to the constitutional text: wording: “Article 60. In the first ten years after the promulgation Article 1. Subitem e is added to item VII of article 34 of of this Amendment, the States, the Federal District and the Federal Constitution, with the following wording: the Municipalities shall allocate no less than 60% of “e) the application of the mandatory minimum of the the funds referred to in the head paragraph of article income resulting from State taxes, including those 212 of the Federal Constitution, to the maintenance originating from transfers, to the maintenance and development of elementary education, aiming at and development of education.” the assurance of the universalization of the service and Article 2. New wording is given to items I and II of article the payment of appropriate salaries to the teachers. 208 of the Federal Constitution, as follows: Paragraph 1. The distribution of responsibilities and “I – mandatory and free elementary education, including resources between the States and their Municipalities, the assurance of its free offer to all those who did not to be effected with part of the resources defined in have access to it at the proper age; this article, as set forth in article 211 of the Federal II – progressive universalization of the free high-school Constitution, is assured through the establishment, education;” within each State and the Federal District, of a Fund for the Maintenance and Development of the Elementary Article 3. New wording is given to paragraphs 1 and Education and for the Increase of the Worth of the 2 of article 211 of the Federal Constitution, and two Teaching Profession, of a financial nature. additional paragraphs are inserted in this article, to Paragraph 2. The Fund referred to in the preceding read as follows: paragraph shall be made up by, at least, fifteen percent “Article 211. […] of the resources referred to in articles 155, item II; 158, Paragraph 1. The Union shall organize the federal item IV; and 159, item I, subitems a and b; and item II, educational system and that of the Territories, shall of the Federal Constitution, and shall be distributed finance the federal public educational institutions and among each State and its Municipalities, in proportion shall have, in educational matters, a redistributive to the number of students in the respective elementary and supplementary function, so as to guarantee the education networks. equalization of the educational opportunities and a Paragraph 3. The Union shall supplement the resources minimum standard of quality of education, through of the Funds referred to in paragraph 1, whenever in technical and financial assistance to the States, the each State and in the Federal District its value per Federal District and the Municipalities. student does not reach the nationally set minimum. Paragraph 2. The Municipalities shall act on a priority Paragraph 4. The Union, the States, the Federal District basis in elementary education and in the education and the Municipalities shall effect, during a period of of children. five years, progressive adjustments of their contri- Paragraph 3. The States and the Federal District shall butions to the Fund, so as to guarantee a value per act on a priority basis in elementary and secondary student corresponding to a minimum quality standard education. of education, defined at the national level. Paragraph 4. In the organization of their educational Paragraph 5. A share of not less than 60% of the re- systems, the States and Municipalities shall establish sources of each Fund referred to in paragraph 1 shall forms of cooperation, so as to guarantee the univer- be used for the payment of elementary education salization of the mandatory education.” teachers actually teaching. Article 4. New wording is given to paragraph 5 of article Paragraph 6. The Union shall apply never less than 30 212 of the Federal Constitution, as follows: percent of the resources referred to in the head para- “Paragraph 5. The public elementary education shall graph of article 212 of the Federal Constitution to the have, as an additional source of financing, the social eradication of illiteracy and to the maintenance and contribution for education, collected from companies, development of the elementary education, including as provided by law.” the supplementation referred to in paragraph 3. Paragraph 7. The law shall provide for the organiza- Article 5. Article 60 of the Temporary Constitutional tion of the Funds, the proportional distribution of its Provisions Act is hereby altered and new paragraphs

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resources, its oversight and control, as well as for Secretary – Benedito Domingos, Third Secretary – João the way to calculate the national minimum value per Henrique, Fourth Secretary. student.” THE DIRECTING BOARD OF THE FEDERAL SENATE: José Article 6. This Amendment shall come into force Sarney, President – Teotonio Vilela Filho, First Vice-Pre- on January 1 of the year subsequent to that of its sident – Júlio Campos, Second Vice-President – Odacir promulgation. Soares, First Secretary – Renan Calheiros, Second Se- cretary – Ernandes Amorim, Fourth Secretary – Eduardo Brasília, September 12, 1996. Suplicy, Substitute Secretary. THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Published in the Official Journal, September 13, 1996. Luís Eduardo, President – Ronaldo Perim, First Vice-Pre- sident – Beto Mansur, Second Vice-President – Wilson CONSTITUTIONAL AMENDMENT No. 16, 1997 Campos, First Secretary – Leopoldo Bessone, Second Gives new wording to paragraph 5 of article 14, to the head Secretary – Benedito Domingos, Third Secretary – João paragraph of article 28, to item II of article 29, to the head Henrique, Fourth Secretary. paragraph of article 77, and to article 82 of the Federal Constitution. THE DIRECTING BOARD OF THE FEDERAL SENATE: José The Directing Boards of the Chamber of Deputies and Sarney, President – Teotonio Vilela Filho, First Vice-Pre- of the Federal Senate, under the terms of paragraph sident – Júlio Campos, Second Vice-President – Odacir 3 of article 60 of the Federal Constitution, promulgate Soares, First Secretary – Renan Calheiros, Second Se- the following Amendment to the constitutional text: cretary – Ernandes Amorim, Fourth Secretary – Eduardo Suplicy, Substitute Secretary. Article 1. Paragraph 5 of article 14, the head paragraph of article 28, item II of article 29, the head paragraph Published in the Official Journal, September 13, 1996. of article 77, and article 82 of the Federal Constitution CONSTITUTIONAL AMENDMENT No. 15, 1996 shall henceforth be in force with the following wording: “Article 14. […] Gives new wording to paragraph 4 of article 18 of the Federal Paragraph 5. The President of the Republic, the State Constitution. and Federal District Governors, the Mayors and those The Directing Boards of the Chamber of Deputies and who have succeeded or replaced them during their of the Federal Senate, under the terms of paragraph terms of office may be reelected for only one subse- 3 of article 60 of the Federal Constitution, promulgate quent term.” the following Amendment to the constitutional text: “Article 28. The election of the Governor and the Vice-Governor of a State, for a term of office of four Sole Article. Paragraph 4 of article 18 of the Federal years, shall be held on the first Sunday of October, Constitution shall henceforth be in force with the fol- in the first round, and on the last Sunday of October, lowing wording: in the second round, as the case may be, of the year “Article 18. […] preceding the one in which the term of office of their Paragraph 4. The establishment, merger, fusion and predecessors ends, and they shall take office on January dismemberment of Municipalities shall be effected 1 of the following year, in accordance, otherwise, with through State law, within the period set forth by su- the provisions of article 77.” pplementary federal law, and shall depend on prior “Article 29. […] consultation, by means of a plebiscite, of the population II – election of the Mayor and Vice-Mayor on the first of the Municipalities concerned, after the publication of Sunday of October of the year preceding the end of the Municipal Feasibility Studies, presented and published term of office of those they are to succeed, subject, in as set forth by law.” the case of Municipalities with over two hundred thou- Brasília, September 12, 1996. sand voters, to the provisions set forth in article 77.” “Article 77. The election of the President and Vice-Pre- THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: sident of the Republic shall take place simultaneously, Luís Eduardo, President – Ronaldo Perim, First Vice-Pre- on the first Sunday of October, in the first round, and sident – Beto Mansur, Second Vice-President – Wilson on the last Sunday of October, in the second round, Campos, First Secretary – Leopoldo Bessone, Second

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as the case may be, of the year preceding the one in Article 2. Item V of article 72, of the Temporary Cons- which the current presidential term of office ends.” titutional Provisions Act, shall henceforth be in force “Article 82. The term of office of the President of the with the following wording: Republic is four years, and it shall commence on Ja- “V – the part of the proceeds from the collection of nuary 1 of the year following the year of his election.” the contribution mentioned in Supplementary Law No. 7, of September 7, 1970, owed by the juridical entities Article 2. This Constitutional Amendment shall come referred to in item III of this article, which will be cal- into force on the date of its publication. culated, in the fiscal years of 1994 and 1995, as well Brasília, June 4, 1997. as in the periods from January 1, 1996 through June 30, 1997, and from July 1, 1997 through December 31, THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: 1999, through the employment of a rate of seventy-five Michel Temer, President – Heráclito Fortes, First Vice- hundredths of one percent, subject to modification -President – Severino Cavalcanti, Second Vice-President by subsequent ordinary law, on the gross operating – Ubiratan Aguiar, First Secretary – Nelson Trad, Second income, as defined in the legislation of income tax Secretary – Efraim Morais, Fourth Secretary. and earnings of any nature;” THE DIRECTING BOARD OF THE FEDERAL SENATE: Anto- Article 3. The Union shall remit to the Municipalities, nio Carlos Magalhães, President – Geraldo Melo, First out of the proceeds from the collection of the Tax on Vice-President – Ronaldo Cunha Lima, First Secretary Income and Earnings of Any Nature, as stipulated for – Carlos Patrocínio, Second Secretary – Flaviano Melo, the formation of the funds set forth in item I of article Third Secretary – Lucídio Portella, Fourth Secretary. 159, of the Constitution, excluding the part mentioned Published in the Official Journal, June 5, 1997. in item I of article 72, of the Temporary Constitutional Provisions Act, the following percentages: CONSTITUTIONAL AMENDMENT No. 17, 1997 I – one and fifty-six hundredths of one per cent, in the Alters provisions of articles 71 and 72 of the Temporary period from July 1, 1997 through December 31, 1997; Constitutional Provisions Act, introduced by the Revision II – one and eight hundred and seventy-five thousandths Constitutional Amendment No. 1 of 1994. of one per cent, in the period from January 1, 1998 through December 31, 1998; and The Directing Boards of the Chamber of Deputies and III – two and a half of one per cent, in the period from of the Federal Senate, under the terms of paragraph January 1, 1999 through December 31, 1999. 3 of article 60 of the Federal Constitution, promulgate Sole paragraph. The remittance of funds established in the following Amendment to the constitutional text: this article shall comply with the same periodic intervals Article 1. The head paragraph of article 71 of the Tem- and the same sharing criteria and rules adopted in the porary Constitutional Provisions Act shall henceforth Revenue Sharing Fund of the Municipalities, with due be in force with the following wording: regard for the provision of article 160 of the Constitution. “Article 71. The Emergency Social Fund is hereby ins- Article 4. The effects of the provisions of articles 71 tituted for the fiscal years of 1994 and 1995, as well and 72 of the Temporary Constitutional Provisions Act, as for the periods from January 1, 1996 through June with the wording determined by articles 1 and 2 of this 30, 1997, and from July 1, 1997 through December 31, Amendment, shall be retroactive to July 1, 1997. 1999, aiming at the financial recuperation of the Federal Sole paragraph. The portions of funds assigned to the Public Finances and the economic stabilization, the Fiscal Stabilization Fund and remitted according to resources of which shall be applied primarily to the article 159, item I, of the Constitution, in the period actions of the health and education systems, including from July 1, 1997, to the date of promulgation of this the supplementation of resources set forth in para- Amendment, shall be deducted from the subsequent graph 3 of article 60, of the Temporary Constitutional quotas, the deduction being limited to one tenth of the Provisions Act, the welfare benefits and welfare assis- total amount remitted each month. tance of a permanent nature, including the payment of welfare debts and budgetary expenditures associated Article 5. The Union shall apply the provisions of article to programs of great economic and social interest.” 3 of this Amendment retroactively as of July 1, 1997, with due regard for the provisions of the previous article.

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Article 6. This Constitutional Amendment shall come ranks of the officers being awarded by the respective into force on the date of its publication. State Governors. Paragraph 2. The provisions of article 40, paragraphs 4 Brasília, November 22, 1997. and 5 apply to the military of the States, of the Federal THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: District and of the Territories, and to their pensioners, Michel Temer, President – Heráclito Fortes, First Vice- and the provision of article 40, paragraph 6 applies to -President – Severino. Cavalcanti, Second Vice-President the military of the Federal District and of the Territories.” – Ubiratan Aguiar, First Secretary – Nelson Trad, Second Article 3. Item II of paragraph 1 of article 61 of the Secretary – Paulo Paim, Third Secretary – Efraim Morais, Constitution shall henceforth be in force with the fol- Fourth Secretary. lowing alterations: THE DIRECTING BOARD OF THE FEDERAL SENATE: Anto- “Article 61. […] nio Carlos Magalhães, President – Geraldo Melo, First Paragraph 1. […] Vice-President – Júnia Marise, Second Vice-President – II – […] Ronaldo Cunha Lima, First Secretary – Carlos Patrocínio, c) government employees of the Union and Territo- Second Secretary – Flaviano Melo, Third Secretary. ries, their legal statute, appointment to offices, tenure and retirement; Published in the Official Journal, November 25, 1997. […] CONSTITUTIONAL AMENDMENT No. 18, 1998 f) military of the Armed Forces, their legal statute, appointment to offices, promotions, tenure, Establishes the constitutional rules for the military. remuneration, retirement, and transfer to the The Directing Boards of the Chamber of Deputies and reserve.” of the Federal Senate, under the terms of paragraph Article 4. The following paragraph 3 shall be added to 3 of article 60 of the Federal Constitution, promulgate article 142 of the Constitution: the following Amendment to the constitutional text: “Article 142. […] Article 1. Item XV of article 37 of the Federal Constitution Paragraph 3. The members of the Armed Forces are shall henceforth be in force with the following wording: called military, and the following provisions apply “Article 37. […] to them, in addition to other provisions that the law XV – the salaries of government employees may not may establish: be reduced, and their remuneration shall comply with I – the ranks, with the prerogatives, rights and duties the provisions of article 37, items XI and XII, 150, item inherent to them, are awarded by the President of II, 153, item III and paragraph 2, item I;” the Republic and are guaranteed in full to officers in active service, those of the reserve or in retirement, Article 2. Section II, of Chapter VII, of Title III of the and such officers have exclusive rights to military titles Constitution shall henceforth be entitled “Government and posts, and, together with the other members, to Employees”, and Section III, of Chapter VII, of Title III of the use of the uniforms of the Armed Forces; the Federal Constitution shall henceforth be entitled II – a military in active service who takes office in a “The Military of the States, of the Federal District and permanent civil public position or job shall be trans- of the Territories”, and article 42 shall have the follo- ferred to the reserve, under the terms of the law; wing wording: III – a military in active service who, under the terms of “Article 42. The members of the Military Police and of the the law, takes office in a non-elective, temporary civil Military Fire Brigades, institutions whose organization public position, job or function, even if in the indirect is based on hierarchy and discipline, are military of the administration, shall be put on leave and, as long as States, of the Federal District and of the Territories. he remains in this situation he may only be promoted Paragraph 1. The provisions of article 14, paragraph by seniority, and his period of service shall be counted 8; article 40, paragraph 3; and of article 142, paragra- only for that promotion and for transfer to the reserve, phs 2 and 3 apply to the military of the States, of the and after two years, whether continuous or not, away Federal District and of the Territories, in addition to from active service, he shall be transferred to the other provisions that the law may establish, it being reserve, under the terms of the law; incumbent upon specific State legislation to provide for the matters of article 142, paragraph 3, item X, the

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IV – the military are forbidden to join unions and to CONSTITUTIONAL AMENDMENT No. 19, 1998 strike; Alters the regime of and provides for the principles and rules V – while in actual service, the military are forbidden of Government Services, employees and political agents, the to belong to political parties; control of expenditures and government finance, and the VI – an officer shall only lose his post and rank if he is financing of activities incumbent upon the Federal District, judged unworthy of or incompatible with the dignity of and makes other provisions. officership by decision of a permanent military court, The Directing Boards of the Chamber of Deputies and in times of peace, or of a special court, in times of war; of the Federal Senate, under the terms of paragraph VII – an officer sentenced in a common or military court 3 of article 60 of the Federal Constitution, promulgate by means of an unappealable judgement to imprison- the following Amendment to the constitutional text: ment for more than two years shall be submitted to trial as provided in the preceding item; Article 1. Items XIV and XXII of article 21, and item XXVII VIII – the provisions of article 7, items VIII, XII, XVII, XVIII, of article 22 of the Federal Constitution shall henceforth XIX and XXV, and of article 37, items XI, XIII, XIV and XV, read as follows: apply to the military; “Article 21. The Union shall have the power to: IX – the provisions of article 40, paragraphs 4, 5 and 6 […] apply to the military and to their pensioners; XIV – organize and maintain the plainclothes police, the X – the law shall provide for admission to the Armed uniformed police force, and the uniformed fire brigade Forces, age limits, tenure, and other conditions for a of the Federal District, as well as to provide financial military to be retired, the rights, duties, remuneration, support to the Federal District for the carrying out of prerogatives and other circumstances which are specific public services by means of a specific fund; to the military, the special characteristics of their acti- […] vities being taken into account, including those carried XXII – perform the services of maritime, airport, and out by virtue of international agreements and of war.” border police; […]” Article 5. This Constitutional Amendment shall come “Article 22. The Union has the exclusive power to into force on the date of its publication. legislate on: Brasília, February 5, 1998. […] XXVII – general rules for all types of bidding and contrac- THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: ting, for governmental entities, associate government Michel Temer, President – Heráclito Fortes, First Vice- agencies, and foundations of the Union, the States, the -President – Severino Cavalcanti, Second Vice-President Federal District, and the Municipalities, in accordance – Ubiratan Aguiar, First Secretary – Nelson Trad, Second with article 37, item XXI, and for public enterprises and Secretary – Paulo Paim, Third Secretary – Efraim Morais, joint stock companies, under the terms of article 173, Fourth Secretary. paragraph 1, item III; THE DIRECTING BOARD OF THE FEDERAL SENATE: Anto- […]” nio Carlos Magalhães, President – Geraldo Melo, First Article 2. Paragraph 2 of article 27, and items V and VI of Vice-President – Júnia Marise, Second Vice-President article 29 of the Federal Constitution shall henceforth – Ronaldo Cunha Lima, First Secretary – Carlos Patrocí- read as follows, with a paragraph 2 being inserted in nio, Second Secretary – Flaviano Melo, Third Secretary article 28, and the current sole paragraph being renum- – Lucídio Portella, Fourth Secretary. bered as paragraph 1: Published in the Official Journal, February 6, 1998, “Article 27. […] rectified on February 16, 1998. Paragraph 2. The compensation of State Deputies shall be established by an act of the State Legislative Assembly, in the proportion of seventy-five percent, at most, of the compensation established, in legal tender, for Federal Deputies, as provided by articles 39, paragraph 4, 57, paragraph 7, 150, item II, 153, item III, and 153, paragraph 2, item I. […]”

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“Article 28. […] V – positions of trust, exercised exclusively by public Paragraph 1. The Governor who takes another post employees holding an effective post, and commission or function in governmental entities or entities ow- offices, to be exercised by career employees in the ned by the Government shall lose his office, with the cases, under the conditions and within the minimum exception of the taking of office by virtue of a public percentages established in law, are reserved exclu- sector entrance examination, and with due regard for sively for the duties of directors, chiefs of staff, and the provisions in article 38, items I, IV, and V. assistants; Paragraph 2. The compensation of the Governor, the […] Vice-Governor, and of the State Cabinet Members shall VII – the right to strike shall be exercised in the manner be established by an act of the State Legislative Assem- and within the limits defined by a specific law; bly, as provided by articles 37, item XI, 39, paragraph 4, […] 150, item II, 153, item III, and 153, paragraph 2, item I.” X – the remuneration of Government employees and “Article 29. […] the compensation referred to in paragraph 4 of article V – compensation of the Mayor, the Vice-Mayor, and 39 may only be established or altered by means of a the Local Cabinet Members established by an act of specific law, with due regard for the exclusive capacity the Town Council, as provided by articles 37, item XI, to introduce a law in each case, an annual general 39, paragraph 4, 150, item II, 153, item III, and 153, review being ensured, always on the same date and paragraph 2, item I; without distinction between the indices; VI – compensation of Local Councilmen established XI – the remuneration and the compensation of the by an act of the Town Council, in the proportion of holders of public offices, functions and positions in seventy-five percent, at most, of the compensation governmental entities, associate government agencies, established, in legal tender, for State Deputies, as and in foundations; of the members of any of the Powers provided by articles 39, paragraph 4, 57, paragraph 7, of the Union, of the States, the Federal District, and 150, item II, 153, item III, and 153, paragraph 2, item I; the Municipalities; of the holders of elective offices, […]” and of any other political agent, as well as the pay, pension, or other type of remuneration, earned on Article 3. The head paragraph, items I, II, V, VII, X, XI, XIII, a cumulative basis or not, including advantages of a XIV, XV, XVI, XVII, and XIX, and paragraph 3 of article 37 personal nature or of any other nature, may not be of the Federal Constitution shall henceforth read as higher than the monthly compensation, in legal tender, follows, paragraphs 7 through 9 being added to the of the Justices of the Federal Supreme Court; said article: […] “Article 37. The governmental entities and entities XIII – the linkage or equalization of any type of pay for owned by the Government in any of the powers of purposes of the remuneration of the personnel in the the Union, the States, the Federal District and the public services is forbidden; Municipalities shall obey the principles of lawfulness, XIV – the pecuniary raises received by a government impersonality, morality, publicity, and efficiency, and employee shall not be computed or accumulated for also the following: purposes of granting subsequent raises; I – public offices, positions and functions are acces- XV – the compensation and the salaries of holders of sible to all Brazilians who meet the requirements public offices and positions may not be reduced, except established by law, as well as to foreigners, under the for the provisions of items XI and XIV of this article and terms of the law; of articles 39, paragraph 4, 150, item II, 153, item III, II – investiture in a public office or position depends and 153, paragraph 2, item I; on previously passing an entrance examination con- XVI – remunerated accumulation of public offices sisting of tests or tests and presentation of academic is forbidden, except, when there is compatibility of and professional credentials, according to the nature working hours, and with due regard, in any instance, and the complexity of the office or position, as provi- for the provision of item XI: ded by law, except for appointment to a commission a) of two teaching positions; office declared by law as being of free appointment b) of one teaching position with another technical and discharge; or scientific position; […] c) of two exclusively medical positions;

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XVII – the prohibition to accumulate extends to po- Article 4. The head paragraph of article 38 of the Federal sitions and functions and includes associate govern- Constitution shall henceforth read as follows: ment agencies, foundations, public enterprises, joint “Article 38. The following provisions are applicable stock companies, their subsidiary companies, and to public employees holding elective offices in a go- companies controlled either directly or indirectly by vernmental entity, an associate government agency, the Government; and a foundation: […] […]” XIX – the creation of an associate Government agency Article 5. Article 39 of the Federal Constitution shall and the establishment of a public enterprise, a joint henceforth read as follows: stock company, and a foundation may only take place “Article 39. The Union, the States, the Federal Dis- by means of a specific law, and, in the latter case, a trict and the Municipalities shall institute a board of supplementary law shall specify the areas of operation; administration policy and personnel remuneration […] policy, composed of public employees appointed by Paragraph 3. The law shall regulate the forms of partici- the respective Branches. pation of users in governmental entities and in entities Paragraph 1. The stipulation of pay levels and of owned by the Government, especially as regards: other components of the remuneration system shall I – claims relating to the rendering of public services in comply with: general, the provision of user services being ensured, I – the nature, the level of responsibility, and the as well as periodical assessment, both external and complexity of the posts of each career; internal, of the quality of services; II – the requirements for investiture; II – the access of users to administrative records and III – the specific characteristics of each post. to information about Government initiatives, with due Paragraph 2. The Union, the States, and the Federal regard for article 5, items X and XXXIII; District shall establish government schools for the III – the rules of a complaint against negligence or education and further development of public emplo- abuse in the exercise of an office, position or function yees, and participation in such courses shall be one in government services. of the requirements for promotion in the career, the […] signing of agreements or contracts among federated Paragraph 7. The law shall establish the requirements units being therefore allowed. and restrictions regarding the holder of an office or Paragraph 3. The provisions of article 7, items IV, VII, position, in governmental entities and entities owned VIII, IX, XII, XIII, XV, XVI, XVII, XVIII, XIX, XX, XXII, and XXX by the government, which provides access to inside shall apply to employees holding public offices, and information. the law may stipulate differentiated requirements for Paragraph 8. The managerial, budgetary and financial admission when the nature of the office so demands. autonomy of governmental agencies and entities, as Paragraph 4. A member of one of the Branches, the well as of entities owned by the Government, may be holder of an elective office, the Ministers of State, extended by means of a contract, to be entered into and the members of State and Local Cabinets shall be by their administrators and the Government, with a remunerated exclusively by means of a compensation view to the establishment of performance goals for consisting of one sole item, the addition of any extra the agency or entity, and the law shall provide for: benefit, additional pay, bonus, award, representation I – the term of the contract; allowance, or other type of remuneration being for- II – the controls and criteria for the appraisal of perfor- bidden, with due regard, in any of the cases, for the mance, rights, duties, and liability of managing officers; provisions of article 37, items X and XI. III – the remuneration of the employees. Paragraph 5. The legislation of the Union, the States, the Paragraph 9. The provision of item XI applies to the Federal District, and the Municipalities may establish public enterprises and to joint stock companies and the proportion between the highest and the lowest their subsidiary companies which receive funds from remuneration of public employees, with due regard, in the Union, the States, the Federal District, or the Mu- any of the cases, for the provision of article 37, item XI. nicipalities for the payment of personnel expenditures Paragraph 6. The Executive, Legislative and Judicial or of general expenses.” Branches shall publish the amounts of the compensation

133 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition

and of the remuneration of public offices and positions […] each year. XV – stipulation of the compensation for the Justices Paragraph 7. The legislation of the Union, the States, of the Federal Supreme Court, by means of a law the Federal District, and the Municipalities shall re- introduced jointly by the Presidents of the Republic, gulate the utilization of the budgetary funds deriving the Chamber of Deputies, the Federal Senate, and the from savings in current expenditures in each agency, Federal Supreme Court, with due regard for articles associate government agency and foundation, to be 39, paragraph 4, 150, item II, 153, item III, and 153, used in the development of programs of quality and paragraph 2, item I.” productivity, training and development, modernization, Article 8. Items VII and VIII of article 49 of the Federal re-equipping and rationalization of public services, Constitution shall henceforth read as follows: including as additional pay or productivity award. “Article 49. It is exclusively the competence of the Paragraph 8. The remuneration of public employees National Congress: organized in a career may be established under the […] terms of paragraph 4.” VII – to establish identical compensation for Federal Article 6. Article 41 of the Federal Constitution shall Deputies and Senators, taking into account the provi- henceforth read as follows: sions of articles 37, item XI, 39, paragraph 4, 150, item “Article 41. Servants who, by virtue of public entrance II, 153, item III, and 153, paragraph 2, item I; examinations, are appointed to effective posts, acquire VIII – to establish the compensation of the President tenure after three years of actual service. and the Vice-President of the Republic and of the Mi- Paragraph 1. A tenured public employee shall only nisters of State, taking into account the provisions of lose his office: articles 37, item XI, 39, paragraph 4, 150, item II, 153, I – by virtue of a final and unappealable judicial decision; item III, and 153, paragraph 2, item I; II – by means of an administrative proceeding, in which […]” he is assured of ample defense; Article 9. Item IV of article 51 of the Federal Constitution III – by means of a procedure of periodical appraisal shall henceforth read as follows: of performance, under the terms of a supplementary “Article 51. It is exclusively the competence of the law, ample defense being assured. Chamber of Deputies: Paragraph 2. If the dismissal of a tenured public em- […] ployee is voided by a judicial decision, he shall be IV – to provide for its organization, functioning, police, reinstated, and the occupant of the vacancy, when creation, change or abolishment of offices, positions tenured, shall be led back to his original office, with and functions of its services, and the introduction of no right to indemnity, taken to another office or placed a law for the establishment of their respective remu- on paid availability with a remuneration proportional neration, taking into account the guidelines set forth to his length of employment. in the law of budgetary directives; Paragraph 3. If the office is declared extinct or unne- […]” cessary, a tenured public employee shall remain on availability, with a remuneration proportional to his Article 10. Item XIII of article 52 of the Federal Consti- length of employment, until he is adequately placed tution shall henceforth read as follows: in another office. “Article 52. It is exclusively the competence of the Paragraph 4. As a requirement to acquire tenure, a Federal Senate: special appraisal of performance by a committee […] created for this purpose is mandatory.” XIII – to provide for its organization, functioning, police, creation, change or abolishment of offices, positions Article 7. Article 48 of the Federal Constitution shall and functions of its services, and the introduction of henceforth include the following item XV: a law for the establishment of their respective remu- “Article 48. The National Congress shall have the power, neration, taking into account the guidelines set forth with the sanction of the President of the Republic, in the law of budgetary directives; which shall not be required for the matters specified […]” in articles 49, 51 and 52, to provide for all the matters within the competence of the Union and especially on:

134 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition

Article 11. Paragraph 7 of article 57 of the Federal the courts connected with them, as well as the Constitution shall henceforth read as follows: establishment of the compensation for their “Article 57. […] members and for the judges, including those Paragraph 7. In a special legislative session, the Natio- of the lower courts, if existing, except for the nal Congress shall deliberate only upon the matter for provision of article 48, item XV; which it was called, the payment of a compensatory […]” amount in excess of the monthly compensation being Article 14. Paragraph 2 of article 127 of the Federal forbidden.” Constitution shall henceforth read as follows: Article 12. The sole paragraph of article 70 of the Federal “Article 127. […] Constitution shall henceforth read as follows: Paragraph 2. The Public Prosecution is ensured of “Article 70. […] functional and administrative autonomy, and it may, Sole paragraph. Accounts shall be rendered by any observing the provisions of article 169, propose to the individual or corporation, public or private, which Legislative Power the creation and abolishment of its uses, collects, keeps, manages, or administers public offices and auxiliary services, filling them through a civil monies, assets or values, or those for which the Union service entrance examination of tests or of tests and is responsible or which, on behalf of the Union, assumes presentation of academic and professional credentials, obligations of a pecuniary nature.” the remuneration policies, and the career plans; the law shall provide for its organization and operation. Article 13. Item V of article 93, item III of article 95, and […]” subitem b of item II of article 96, of the Federal Cons- titution, shall henceforth read as follows: Article 15. Subitem c of item I, of paragraph 5 of article “Article 93. […] 128, of the Federal Constitution, shall henceforth read V – the compensation of the Justices of the Superior as follows: Courts shall correspond to ninety-five percent of the “Article 128. […] monthly compensation stipulated for the Justices of Paragraph 5. Supplementary laws of the Union and of the Federal Supreme Court, and the compensation the States, which may be proposed by the respective of the other judges shall be stipulated by law and Attorneys-General, shall establish the organization, distributed, at the federal and state levels, according the duties and the statute of each Public Prosecution, to the respective categories of the national judiciary observing, as regards their members: structure, and the difference between categories may I – the following guarantees: not be higher than ten per cent or lower than five […] per cent, nor higher than ninety-five per cent of the c) irreducibility of compensation, stipulated ac- monthly compensation of the Justices of the Superior cording to article 39, paragraph 4, and with due Courts, with due regard, in any of the cases, for the regard for the provisions of articles 37, items X provisions of articles 37, item XI, and 39, paragraph 4; and XI, 150, item II, 153, item III, 153, paragraph […] 2, item I; Article 95. Judges enjoy the following guarantees: […]” […] Article 16. Section II of Chapter IV of Title IV of the III – irreducibility of compensation, except for the pro- Federal Constitution shall henceforth be entitled “The visions of articles 37, items X and XI, 39, paragraph 4, Public Advocacy”. 150, item II, 153, item III, and 153, paragraph 2, item I. Article 96. It is the exclusive competence of: Article 17. Article 132 of the Federal Constitution shall […] henceforth read as follows: II – the Federal Supreme Court, the Superior Courts “Article 132. The Prosecutors of the States and of and the Courts of Justice, to propose to the respective the Federal District, organized in a career, admission Legislative Power, with due regard for the provisions into which shall depend on a civil service entrance of article 169: examination of tests and presentation of academic […] and professional credentials, with the participation of b) creation and abolishment of offices and the the Brazilian Bar Association in all of its stages, shall remuneration of the auxiliary services and of

135 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition

exercise judicial representation and judicial consulta- Article 21. Article 169 of the Federal Constitution shall tion for their respective federated units. henceforth read as follows: Sole paragraph. The Prosecutors referred to in this “Article 169. Expenditures with active and retired article are entitled to acquire tenure after three years personnel of the Union, the States, the Federal Dis- of effective exercise, by means of a performance apprai- trict and the Municipalities may not exceed the limits sal carried out by the relevant agencies, following a established in a supplementary law. detailed report issued by the corregidors.” Paragraph 1. The granting of any advantage or increase of remuneration, the creation of posts, positions or Article 18. Article 135 of the Federal Constitution shall functions, or alteration of career structures, as well as henceforth read as follows: admission or hiring of personnel, on any account, by “Article 135. Servants in the careers regulated in Sec- Government bodies and entities, or entities owned by tions II and III of this Chapter shall be remunerated the Government, including foundations instituted and according to article 39, paragraph 4.” maintained by the Government, may only be effected: Article 19. Paragraph 1 and its item III, and paragraphs I – if there is a prior budgetary allocation sufficient to 2 and 3 of article 144 of the Federal Constitution shall cover the estimated expenditure with personnel and henceforth read as follows, a paragraph 9 being inserted the increases resulting therefrom; in such article: II – if there is specific authorization in the law of bud- “Article 144. […] getary directives, with the exception of government Paragraph 1. The federal police, instituted by law as enterprises and joint stock companies. a permanent body, organized and maintained by the Paragraph 2. Once finished the time limit established Union and structured into a career, are intended to: in the supplementary law referred to in this article for […] the adaptation to the standards therein stipulated, all III – exercise the functions of maritime, airport and remittances of federal or State funds shall be immedia- border police; tely suspended to the States, the Federal District, and […] the Municipalities which do not obey the said limits. Paragraph 2. The federal highway police are a perma- Paragraph 3. To comply with the limits established nent body organized and maintained by the Union, according to this article, within the time period sti- structured into a career, and intended, according to pulated in the supplementary law referred to in the the law, to patrol ostensibly the federal highways. head paragraph, the Union, the States, the Federal Paragraph 3. The federal railway police are a permanent District, and the Municipalities shall adopt the follo- body organized and maintained by the Union, structu- wing measures: red into a career, and intended, according to the law, I – reduction of at least twenty percent of the expen- to patrol ostensibly the federal railways. ditures with commission offices and positions of trust; […] II – discharge of untenured servants. Paragraph 9. The remuneration of the policemen who are Paragraph 4. If the measures adopted according to the members of the agencies mentioned in this article shall preceding paragraph are not sufficient to guarantee be stipulated according to paragraph 4 of article 39.” compliance with the provision of the supplementary law referred to in this article, tenured servants may Article 20. The head paragraph of article 167 of the be dismissed, provided that a regulatory act justified Federal Constitution shall henceforth be in force with by each of the Branches specifies the activity, the the addition of item X, which reads as follows: agency, or the administrative unit where reduction of “Article 167. The following are forbidden: personnel must be carried out. […] Paragraph 5. A servant who is dismissed according to X – to transfer funds voluntarily and to grant loans, the preceding paragraph shall be entitled to compen- including by means of advancement of revenues, by sation equivalent to one month of remuneration per the Federal Government, the Government of the States year of service. and their financial institutions, for the payment of Paragraph 6. The post affected by the reduction men- expenditures related to active and retired personnel tioned in the preceding paragraphs shall be considered and pensioners, of the States, the Federal District, and extinct, and the creation of a post, position, or function the Municipalities. […]”

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with equal or similar duties shall be forbidden for the Article 25. It is incumbent upon the Union to honor the period of four years. current financial commitments with the rendering of Paragraph 7. A federal act shall provide for the general public services in the Federal District until such time rules to be complied with in carrying out the provision as the fund referred to in item XIV of article 21 of the of paragraph 4.” Federal Constitution is established.

Article 22. Paragraph 1 of article 173 of the Federal Article 26. Within two years of the promulgation of this Constitution shall henceforth read as follows: Amendment, the entities owned by the Government shall “Article 173. […] have their by-laws revised regarding their respective Paragraph 1. The law shall establish the legal system legal nature, taking into account the purpose and the of public companies, joint-stock companies and their actual duties carried out. subsidiary companies engaged in economic activities Article 27. The National Congress, within one hundred connected with the production or trading of goods, or and twenty days of the promulgation of this Amend- with the rendering of services, providing upon: ment, shall draft legislation for the protection of public I – their social function and the forms of control by service users. the State and by society; II – compliance with the specific legal system governing Article 28. The current public employees on probation private companies, including civil, commercial, labour, are ensured of the period of two years of effective and tax rights and liabilities; exercise to acquire tenure, without prejudice to the III – bidding and contracting of works, services, purcha- assessment referred to in paragraph 4 of article 41 of ses, and disposal, with due regard for the principles the Federal Constitution. of government services; Article 29. As of the promulgation of this Amendment, IV – the establishment and operation of boards of the compensation, salaries, remuneration, retirement directors and of boards of supervisors, with the par- pay, pensions, and any other types of remuneration ticipation of minority shareholders; shall comply with the limits arising from the Federal V – the terms of office, the performance appraisals, Constitution, receipt of excess being forbidden under and the liability of administrators. any circumstances. […]” Article 30. The bill of supplementary law mentioned in Article 23. Item V of article 206 of the Federal Consti- article 163 of the Federal Constitution shall be submit- tution shall henceforth read as follows: ted by the Executive Branch to the National Congress “Article 206. Education shall be provided on the basis within one hundred and eighty days, at most, of the of the following principles: promulgation of this Amendment. […] V – appreciation of the value of teaching professionals, Article 31. The public employees of federal govern- guaranteeing, in accordance with the law, career plans mental entities and of entities owned by the Federal for public school teachers, with a professional mini- Government, the local administration employees, and mum salary and admittance exclusively by means of the members of the uniformed police force of the former public entrance examinations consisting of tests and federal Territories of Amapá and Roraima, who, subject presentation of academic and professional credentials; to the presentation of proof, were regularly exercising […]” their functions and rendering services to those former Territories on the date they were transformed into Article 24. Article 241 of the Federal Constitution shall States, the employees and members of the uniformed henceforth read as follows: police force who were legally included in the Amapá and “Article 241. The Union, the States, the Federal District, Rondônia State Government personnel in the period and the Municipalities shall issue legislation to regulate between the transformation and the effective installation public syndicates and cooperation agreements bet- of such States in October 1993 and, furthermore, the ween members of the Federation, authorizing the joint employees in these States whose employment status management of public services, as well as the transfer, has already been acknowledged by the Union shall, at in whole or in part, of charges, services, personnel, their option, be included in a special job class to be and goods essential to the continued rendering of the services transferred.”

137 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition eventually terminated within the federal government – Ubiratan Aguiar, First Secretary – Nelson Trad, Second services. (CA No. 79, 2014) Secretary – Paulo Paim, Third Secretary – Efraim Morais, Paragraph 1. The inclusion in a special job class as referred Fourth Secretary. to in the head paragraph, in the case of employees or THE DIRECTING BOARD OF THE FEDERAL SENATE: Antô- members of the uniformed police force who were legally nio Carlos Magalhães, President – Geraldo Melo, First included in the State Government personnel between Vice-President – Júnia Marise, Second Vice-President the transformation and the installation of the States in – Ronaldo Cunha Lima, First Secretary – Carlos Patrocí- October 1993 shall be effected in the post in which such nio, Second Secretary – Flaviano Melo, Third Secretary employees were first placed or in an equivalent post. – Lucídio Portella, Fourth Secretary. Paragraph 2. The members of the uniformed police force referred to in the head paragraph shall go on rende- Published in the Official Journal, June 5, 1998. ring services to their respective States, in the quality of detailed personnel, subject to the legal provisions CONSTITUTIONAL AMENDMENT No. 20, 1998 that govern their respective uniformed police corps, Alters the social security system, establishes rules for the with due regard for compatibility between the duties transitional period, and makes other provisions. of their function and their rank in the hierarchy and for The Directing Boards of the Chamber of Deputies and their right to due promotion. of the Federal Senate, under the terms of paragraph Paragraph 3. The employees referred to in the head 3 of article 60 of the Federal Constitution, promulgate paragraph shall go on rendering services to their res- the following Amendment to the constitutional text: pective States and Municipalities, in the quality of detailed personnel, up until they are placed in a federal Article 1. The Federal Constitution shall henceforth be government entity, associate government agency, or in force with the following alterations: foundation. “Article 7. […] XII – family allowance paid to each dependent of low- Article 32. The Federal Constitution shall henceforth -income workers, under the terms of the law; include the following article: […] “Article 247. The laws provided for in item III of paragraph XXXIII – prohibition of night, dangerous, or unhealthy 1 of article 41, and in paragraph 7 of article 169, shall work for minors under eighteen years of age, and of any establish special criteria and guarantees for the loss work for minors under sixteen years of age, except as of office of a tenured public employee who, by virtue an apprentice, for minors above fourteen years of age; of the duties of his effective post, performs exclusive […]” activities of State. “Article 37. […] Sole paragraph. In the event of insufficient performan- Paragraph 10. Receiving retirement pensions arising ce, the loss of office shall only take place by means of from article 40 or from articles 42 and 142, while at the an administrative proceeding in which the adversary same time receiving the remuneration of a public office, system and ample defense are ensured.” position or function is forbidden, with the exception Article 33. For the purposes of article 169, paragraph 3, of offices that may be accumulated under the terms item II, of the Federal Constitution, untenured servants of this Constitution, elective offices, and commission are those who were admitted into a governmental en- offices declared by law as being of free appointment tity, an associate government agency, or a foundation, and discharge.” without having taken an entrance examination con- “Article 40. Employees holding effective posts in the sisting of tests, or tests and presentation of academic Union, the States, the Federal District, and the Munici- and professional credentials, after the October 5, 1983. palities, therein included their associate government agencies and foundations, are ensured of a social Article 34. This Constitutional Amendment shall come security scheme on a contributory basis, with due into force on the date of its promulgation. regard for criteria that preserve financial and actuarial Brasília, June 4, 1998. balance and for the provisions of this article. Paragraph 1. The employees covered by the social THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: security scheme set forth in this article shall go into Michel Temer, President – Heráclito Fortes, First Vice- -President – Severino Cavalcanti, Second Vice-President

138 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition retirement, their pensions being calculated according to the retirement pension of the deceased employee, or the amounts stipulated under the terms of paragraph 3: to the remuneration that the employee in active service I – for permanent disability, with a pension in propor- would be entitled to at the date of his death, with due tion to the period of contribution, except when such regard for the provision of paragraph 3. disability results from a work injury, a professional Paragraph 8. With due regard for the provision of article disease, or a serious, contagious, or incurable illness, 37, item XI, retirement pensions and other pensions as specified by law; shall be revised in the same proportion and on the II – compulsorily, at seventy years of age, with a pension same date, whenever the remuneration of emplo- in proportion to the period of contribution; yees in active service is changed, and any benefits III – voluntarily, upon completing at least ten years of or advantages subsequently granted to employees in effective exercise in public administration and five active service shall also be extended to retirees and years in the effective post from which retirement is to pensioners, including those arising from the trans- going to take place, with due regard for the following formation or reclassification of the post or function conditions: from which retirement was taken, or which was taken a) sixty years of age and thirty-five of contribution, as a parameter for the granting of a pension, as the if a man, and fifty-five years of age and thirty of law provides. contribution, if a woman; Paragraph 9. The period of contribution in a federal, b) sixty-five years of age, if a man, and sixty, if a state, or Municipal post shall be computed for the woman, with pay in proportion to the period of purpose of retirement, and the corresponding period contribution. of service shall be computed for the purpose of pla- Paragraph 2. At the time they are granted, retirement cement on paid availability. pensions and other pensions may not exceed the re- Paragraph 10. The law may not establish any method muneration of the respective employee in the effective of computation of fictitious periods of contribution. post from which he retired or which was taken as a Paragraph 11. The limit set forth in article 37, item XI, parameter for the granting of the pension. applies to the total amount of the retirement pension Paragraph 3. At the time it is granted, the retirement and other pensions, including those resulting from the pension will be calculated according to the remu- accumulation of public posts or positions, as well as from neration of the employee in the effective post from other activities which must contribute to the general which he is retiring and will be equivalent to the total social security scheme, and to the amount resulting remuneration, under the terms of the law. from the addition of pensions and the remuneration Paragraph 4. The adoption of differentiated require- of a post which may be accumulated under the terms ments and criteria for the granting of retirement to of this Constitution, a commission office declared by those covered by the scheme set forth in this article law as being of free appointment and discharge, and is forbidden, with the exception of the cases, as defi- an elective office. ned by a supplementary law, of activities carried out Paragraph 12. In addition to the provisions of this article, exclusively under special conditions which are harmful the social security scheme of government employees to health or to physical wholeness. who hold effective posts shall comply, whenever appro- Paragraph 5. The requirements concerning age and priate, with the requirements and criteria stipulated period of contribution will be reduced by five years, as for the general social security scheme. regards the provision of paragraph 1, item III, subitem Paragraph 13. The general social security scheme a, for teachers who document exclusively a period of applies to employees who hold exclusively commission effective exercise of teaching functions in children offices declared by law as being of free appointment education and in elementary and secondary education. and discharge, as well as other temporary posts or Paragraph 6. With the exception of the cases of republic positions. tirement from posts that can be accumulated under Paragraph 14. The Union, the States, the Federal District, the terms of this Constitution, receiving more than and the Municipalities, provided that they establish one retirement pension charged to the social security a complementary social security scheme for their scheme set forth in this article is forbidden. respective employees who hold effective posts, may Paragraph 7. The law shall provide for the granting of stipulate, for the amount of retirement pensions and the benefit of a death pension, which will be equal to other pensions to be granted by the scheme referred

139 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition to in this article, the maximum limit set forth for the Paragraph 3. It is also incumbent upon the Labour benefits of the general social security scheme referred Justice to enforce, ex officio, the welfare contribu- to in article 201. tions set forth in article 195, items I, subitem a, and Paragraph 15. With due regard for the provisions of II, and their legal raises, arising from the judgements article 202, a supplementary law shall provide for the it pronounces.” general rules for the establishment of a complemen- “Article 142. […] tary social security scheme by the Union, the States, Paragraph 3. […] the Federal District, and the Municipalities, to serve IX – the provisions of article 40, paragraphs 7 and 8, their respective employees who hold effective posts. apply to the military and to their pensioners; Paragraph 16. The provisions of paragraphs 14 and 15 […]” may be applied to an employee who has entered public “Article 167. […] administration on or before the date of publication of XI – to use the funds arising from the welfare con- the act which instituted the corresponding comple- tributions set forth in article 195, items I, subitem a, mentary social security scheme only if such employee and II, to defray expenses other than the payment of has previously expressed such option.” benefits of the general social security scheme referred “Article 42. […] to in article 201. Paragraph 1. The provisions of article 14, paragraph […]” 8; article 40, paragraph 9; and of article 142, paragra- “Article 194. […] phs 2 and 3, apply to the military of the States, of the Sole paragraph. […] Federal District, and of the Territories, in addition to VII – democratic and decentralized character of admi- other provisions that the law may establish, it being nistration, by means of a quadripartite management, incumbent upon specific state legislation to provide with the participation of workers, employers, retirees, for the matters of article 142, paragraph 3, item X, the and the Government in the collegiate bodies.” ranks of the officers being awarded by the respective “Article 195. […] State Governors. I – of employers, companies, and entities defined by Paragraph 2. The provisions of article 40, paragraphs 7 law as being comparable to companies, assessed on: and 8, apply to the military of the States, of the Federal a) the payroll and other labour earnings paid or District, and of the Territories, and to their pensioners.” credited, on any account, to individuals who “Article 73. […] render services to them, even when there is no Paragraph 3. The Justices of the Federal Audit Court shall employment bond; have the same guarantees, prerogatives, impediments, b) income or revenues; remuneration, and advantages as the Justices of the c) profits; Superior Court of Justice, their retirement pensions II – of workers and other persons insured by social and other pensions being ruled by the provisions of security, no contribution being assessed on retirement article 40. pensions and other pensions granted by the general […]” social security scheme referred to in article 201; “Article 93. […] […] VI – the retirement of judges as well as the pensions Paragraph 8. Rural producers, sharecroppers, tenant for their dependents shall comply with the provisions farmers, and self-employed fishermen, as well as of article 40; their spouses, who exercise their activities within a […]” household system and without permanent employees “Article 100. […] shall contribute to social welfare by applying a rate Paragraph 3. The provision contained in the head to the proceeds from the sale of their production and paragraph of this article, regarding the emission of shall be entitled to the benefits provided by law. court orders, does not apply to bonds defined by law Paragraph 9. The welfare contributions set forth in as being of a small amount, which must be paid by item I of this article may have differentiated rates or the federal, State, or Municipal finance authorities assessment bases, according to the economic activity by virtue of a final and unappealable court decision.” or the intensive use of labour. “Article 114. […] Paragraph 10. The law shall define the criteria for the transfer of funds allocated to the unified health system

140 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition and for social assistance initiatives, from the Union to I – thirty-five years of contribution, if a man, and thirty the States, the Federal District, and the Municipalities, years of contribution, if a woman; and from the States to the Municipalities, with due II – sixty-five years of age, if a man, and sixty years, regard for the respective transfer of funds. if a woman, this age limit being reduced by five years Paragraph 11. It is forbidden to grant remission or for rural workers of both sexes and for those who pardon of the welfare contributions referred to in exercise their activities within a household system, items I, subitem a, and II of this article, for debits which therein included rural producers, placer miners, and exceed the limit stipulated by a supplementary law.” self-employed fishermen. “Article 201. The social security system shall be orga- Paragraph 8. The requirements referred to in item I nized as a general scheme, of a contributory basis and of the preceding paragraph will be reduced by five mandatory participation, with due regard for criteria years, for teachers who document exclusively a period that preserve financial and actuarial balance, and shall of effective exercise of teaching functions in children provide for, in accordance with the law: education and in elementary and secondary education. I – coverage for the events of illness, disability, death, Paragraph 9. For purposes of retirement, the reciprocal and old age; computation of the period of contribution in gover- II – protection to maternity, especially to pregnant nment bodies and in private activity, either rural or women; urban, shall be ensured, in which case the various social III – protection to workers in a situation of involuntary security schemes shall offset each other financially, in unemployment; accordance with criteria established by law. IV – family allowance and confinement allowance for Paragraph 10. The law shall regulate the coverage of the dependents of the low-income insured; employment-injury risks, and such coverage shall be V – pension for death of the insured, man or woman, to provided both by the general social security scheme the spouse or companion, and dependents, complying and the private sector. with the provision of paragraph 2. Paragraph 11. The amounts habitually earned by an Paragraph 1. The adoption of differentiated require- employee, on any account, shall be incorporated into ments and criteria for the granting of retirement to the his monthly salary for purposes of social security beneficiaries of the general social security scheme is contribution and the resulting effects on benefits, in forbidden, with the exception of the cases, as defined the cases and in the manner provided by law.” by a supplementary law, of activities carried out under “Article 202. The private social security scheme, of special conditions which are harmful to health or to a complementary nature and organized on an auto- physical wholeness. nomous basis as regards the general social security Paragraph 2. No benefit which replaces the contribution scheme, shall be optional, based on the formation of salary or labour earnings of the insured shall have a reserves which guarantee the contracted benefit, and monthly amount lower than the minimum monthly wage. regulated by a supplementary law. Paragraph 3. All contribution salaries included in the Paragraph 1. The supplementary law referred to in this calculation of the benefit shall be duly updated, under article shall ensure that the participant in benefit plans the terms of the law. of private pension plan companies is provided with Paragraph 4. Adjustment of the benefits is ensured, to full access to information regarding the management the end that their real value is permanently maintained, of their respective plans. in accordance with criteria defined by law. Paragraph 2. The contributions of employers, the Paragraph 5. Participation in the general social se- benefits, and the terms of contracts set forth in the curity scheme, in the quality of an optional insured, bylaws, regulations, and benefit plans of the private is forbidden for a person who participates in a special pension plan companies are neither an integral part social security scheme. of the employment contract of participants, nor, with Paragraph 6. The Christmas bonus for retirees and the exception of the benefits granted, an integral pensioners shall be based on the amount of the ear- part of the remuneration of participants, under the nings in the month of December of each year. terms of the law. Paragraph 7. Retirement is ensured under the general Paragraph 3. The Union, the States, the Federal District, social security scheme, in accordance with the law, and the Municipalities, their associate government upon compliance with the following conditions: agencies, foundations, public enterprises, joint stock

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companies, and other public entities are forbidden to Article 3. The granting of retirement pensions and other contribute funds to private pension plan companies, pensions is ensured, at any time, to public employees save in the quality of sponsors, in which case their and to participants in the general social security sche- standard contribution may not, under any circums- me, as well as to their dependents, who, by the date tances, exceed that of the insured. of publication of this Amendment, have complied with Paragraph 4. A supplementary law shall regulate the the requirements to be entitled to such benefits, in relationship between the Union, the States, the Federal accordance with the criteria of the legislation in effect District, or the Municipalities, including their associate at that time. government agencies, foundations, joint stock com- Paragraph 1. The public employee referred to in this panies, and enterprises controlled either directly or article, who has met the requirements for retirement indirectly, in the quality of sponsors of closed private with full pay and who chooses to remain in active pension plan companies, and their respective closed service, shall be entitled to exemption from social private pension plan companies. security contribution until he meets the requirements Paragraph 5. The supplementary law referred to in the for retirement set forth in article 40, paragraph 1, item preceding paragraph shall apply, insofar as pertinent, III, subitem a, of the Federal Constitution. to private companies holding a permission or conces- Paragraph 2. The retirement pay to be granted to the sion to render public services, when such companies public employees referred to in the head paragraph of sponsor closed private pension plan companies. this article, either in full or in proportion to the period Paragraph 6. The supplementary law referred to in para- of service completed by the date of publication of this graph 4 of this article shall establish the requirements Amendment, as well as the pensions for their dependents, for the appointment of board members of the closed shall be calculated in accordance with the legislation in private pension plan companies, and shall regulate effect at the time the requirements therein contained the inclusion of participants in the collegiate bodies for the granting of such benefits were met, or with the and decision-making bodies in which their interests terms of the current legislation. are subject to discussion and decision.” Paragraph 3. All rights and guarantees ensured by constitutional provisions in effect at the date of publi- Article 2. The following articles are added to the General cation of this Amendment, to civil servants and military, Constitutional Provisions of the Federal Constitution: retirees and pensioners, amnestied persons and war “Article 248. The benefits paid, under any auspices, by the veterans, as well as to those who, by such date, have agency in charge of the general social security scheme, met the requirements to be entitled to such rights, with even if they are financed by the National Treasury, and due regard for the provision of article 37, item XI, of the those benefits not subject to the maximum amount Federal Constitution, shall be maintained. stipulated for benefits granted by such scheme shall comply with the limits set forth in article 37, item XI. Article 4. With due regard for article 40, paragraph 10, Article 249. For the purpose of securing monies for the of the Federal Constitution, the period of service taken payment of retirement pensions and other pensions into account by the current legislation for the purpose granted to their respective employees and their de- of retirement, and completed by the time the law re- pendents, in addition to the monies of their respective gulates the matter, shall be computed as a period of treasuries, the Union, the States, the Federal District, contribution. and the Municipalities may establish funds, made up Article 5. The provision of article 202, paragraph 3, of of monies arising from contributions, and of property, the Federal Constitution, regarding the requirement rights, and assets of any kind, by means of a law that of parity between the contribution of the sponsor and shall provide for the nature and the management of that of the insured, shall come into force two years as such funds. from the publication of this Amendment, or on the date Article 250. For the purpose of securing monies for of publication of the supplementary law mentioned the payment of benefits granted by the general social in paragraph 4 of the same article, if such publication security scheme, in addition to the monies arising from takes place first. taxation, the Union may establish a fund made up of property, rights, and assets of any kind, by means of Article 6. The closed private pension plan companies a law that shall provide for the nature and the mana- sponsored by public entities, including public enterprises gement of such a fund.” and joint stock companies, must review, two years as

142 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition from the publication of this Amendment, their benefit Paragraph 2. The period of service performed until the and service plans, so as to adjust them to their assets publication of this Amendment shall be increased by in terms of actuarial calculations, otherwise subject to the addition of seventeen percent, for a male teacher, intervention, and their managers as well as those of their and twenty percent, for a female teacher, who, until the respective sponsors shall bear civil and criminal liability date of publication of this Amendment, has exercised for non-compliance with the provision of this article. teaching activities and opts to retire under the terms of the head paragraph of this article, provided that Article 7. The bills of supplementary laws stated in article such retirement is based exclusively on the period of 202 of the Federal Constitution shall be presented to effective exercise of a teaching function. the National Congress within ninety days as from the publication of this Amendment. Article 10. (Revoked). (CA No. 41, 2003)

Article 8. (Revoked). (CA No. 41, 2003) Article 11. The prohibition set forth in article 37, paragraph 10, of the Federal Constitution, is not applicable Article 9. With due regard for the provision of article to members of government branches and to retired 4 of this Amendment, and excepting the right to opt employees, both civil and military, who, until the pu- for retirement under the terms established by this blication of this Amendment, have reentered public Amendment for the general social security scheme, the administration by means of a public sector competitive right to retirement is ensured to participants who join examination consisting of tests, or of tests and presen- the general social security scheme, before the date of tation of academic and professional credentials, and publication of this Amendment, when they meet the by other means set forth in the Federal Constitution, following cumulative conditions: and they are forbidden to receive more than one retire- I – fifty-three years of age, if a man, and forty-eight, ment pay under the social security scheme referred to if a woman; in article 40 of the Federal Constitution, the limitation II – a period of contribution equal to at least the sum of: mentioned in paragraph 11 of the same article being a) thirty-five years, if a man, and thirty, if a woman; applicable to them under any circumstances. and b) an additional period of contribution equivalent Article 12. Until such time as the laws providing for to twenty percent of the period which, at the the contributions set forth in article 195 of the Federal date of publication of this Amendment, would Constitution come into force, the contributions esta- still be necessary to reach the limit set forth in blished by law to fund social welfare and the various the preceding letter. social security schemes shall be collected. Paragraph 1. The participants mentioned in this article, Article 13. Until such time as the law regulates the access with due regard for its item I, and in accordance with to family allowance and to confinement allowance for article 4 of this Amendment, may go into retirement employees, participants, and their dependents, such with pay in proportion to the period of contribution, benefits shall be granted only to those who earn a if they meet the following conditions: monthly gross income equal to or lower than R$ 360.00 I – a period of contribution equal to at least the sum of: (three hundred and sixty reais), which, until the publi- a) thirty years, if a man, and twenty-five years, if a cation of the law, shall be adjusted according to the woman; and same indices applicable to the benefits of the general b) an additional period of contribution equivalent social security scheme. to forty percent of the period which, at the date of publication of this Amendment, would still Article 14. The maximum limit for the amount of be- be necessary to reach the limit set forth in the nefits of the general social security scheme referred preceding letter; to in article 201 of the Federal Constitution is defined II – the proportional retirement pay shall be equivalent as R$ 1,200.00 (one thousand and two hundred reais), to seventy percent of the retirement pay referred to and it shall be adjusted, as from the date of publica- in the head paragraph of this article, increased by the tion of this Amendment, to the end that its real value addition of five percent per year of contribution which is permanently maintained, updated according to the exceeds the sum referred to in the preceding item, up same indices applicable to the benefits of the general to the limit of one hundred percent. social security scheme.

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Article 15. Until such time as the supplementary law percent, in the first twelve months, and thirty hun- referred to in article 201, paragraph 1, of the Federal dredths in the subsequent months, and the Executive Constitution, is published, the provisions of articles 57 Power may reduce it, in whole or in part, in the limits and 58 of Law No. 8,213, of July 24, 1991, remain effec- hereby stipulated. tive, with the wording in force at the date of publication Paragraph 2. The proceeds from increased collection of this Amendment. of the contribution, resulting from the alteration of the rate, during the financial years of 1999, 2000, and 2001, Article 16. This Constitutional Amendment shall come shall be allocated to the financing of social security. into force on the date of its publication. Paragraph 3. The Union is authorized to issue do- Article 17. Item II of paragraph 2 of article 153 of the mestic public debt bonds, whose resources shall be Federal Constitution is hereby revoked. allocated to the financing of health services and social security, in an amount equivalent to the proceeds of Brasília, December 15, 1998. the collection of the contribution, estimated but not THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: achieved in 1999.” Michel Temer, President – Heráclito Fortes, First Vice- Article 2. This Amendment shall come into force on the -President – Severino Cavalcanti, Second Vice-President date of its publication. – Ubiratan Aguiar, First Secretary – Nelson Trad, Second Secretary – Paulo Paim, Third Secretary – Efraim Morais, Brasília, March 18, 1999. Fourth Secretary. THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: THE DIRECTING BOARD OF THE FEDERAL SENATE: Antô- Michel Temer, President – Heráclito Fortes, First Vice- nio Carlos Magalhães, President – Geraldo Melo, First -President – Severino Cavalcanti, Second Vice-President Vice-President – Júnia Marise, Second Vice-President – Ubiratan Aguiar, First Secretary – Nelson Trad, Second – Ronaldo Cunha Lima, First Secretary – Carlos Patrocí- Secretary – Efraim Morais, Fourth Secretary. nio, Second Secretary – Flaviano Melo, Third Secretary THE DIRECTING BOARD OF THE FEDERAL SENATE: Antô- – Lucídio Portella, Fourth Secretary. nio Carlos Magalhães, President – Geraldo Melo, First Published in the Official Journal, December 16, 1998. Vice-President – Ronaldo Cunha Lima, First Secretary – Carlos Patrocínio, Second Secretary – Nabor Júnior, CONSTITUTIONAL AMENDMENT No. 21, 1999 Third Secretary – Casildo Maldaner, Fourth Secretary. Extends the provisional contribution on the movement or Published in the Official Journal, March 19, 1999. transmission of monies and of credits and rights of a financial nature, referred to in article 74 of the Temporary Constitutional CONSTITUTIONAL AMENDMENT No. 22, 1999 Provisions Act, and alters its rate. Adds a single paragraph to article 98 and alters subitem i of The Directing Boards of the Chamber of Deputies and item I of article 102, and subitem c of item I of article 105 of the of the Federal Senate, under the terms of paragraph Federal Constitution. 3 of article 60 of the Federal Constitution, promulgate The Directing Boards of the Chamber of Deputies and the following Amendment to the constitutional text: of the Federal Senate, under the terms of paragraph Article 1. Article 75 is included in the Temporary Cons- 3 of article 60 of the Federal Constitution, promulgate titutional Provisions Act, with the following wording: the following Amendment to the constitutional text: “Article 75. The collection of the provisional contribu- Article 1. The following single paragraph is added to tion on the movement or transmission of monies and article 98 of the Federal Constitution: of credits and rights of a financial nature mentioned “Article 98. […] in article 74, established by Law No. 9,311, of October Sole paragraph. Federal legislation shall provide for the 24, 1996, is extended for thirty-six months, and the establishment of special courts within Federal Justice.” same extension applies to the effect of Law No. 9,539, of December 12, 1997, which modified Law No. 9,311. Article 2. Subitem i of item I of article 102 of the Federal Paragraph 1. With due regard for paragraph 6 of ar- Constitution shall be in force with the following wording: ticle 195 of the Federal Constitution, the rate of the “Article 102. […] contribution shall be thirty-eight hundredths of one I – […]

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i) habeas corpus, when the constraining party is a VII – that of Minister of Defense.” Superior Court, or when the constraining party “Article 52. […] or the petitioner is an authority or employee I – to effect the legal proceeding and trial of the Pre- whose acts are directly subject to the jurisdiction sident and Vice-President of the Republic for crime of the Federal Supreme Court, or in the case of of malversation, and the Ministers of State and the a crime, subject to the same jurisdiction in one Commanders of the Navy, the Army, and the Air Force sole instance; for crimes of the same nature relating to those; […]” […]” “Article 84. […] Article 3. Subitem c of item I of article 105 of the Federal XIII – exercise the supreme command of the Armed Constitution shall be in force with the following wording: Forces, to appoint the Commanders of the Navy, the “Article 105. […] Army, and the Air Force, to promote general officers I – […] and to appoint them to the offices held exclusively c) habeas corpus, when the constraining party or by them; the petitioner is any of the persons mentioned […]” in subitem a, when the constraining party is a “Article 91. […] court, subject to its jurisdiction, or a Minister of V – the Minister of Defense; State, except for the competence of the Electoral […] Courts; VIII – the Commanders of the Navy, the Army, and the […]” Air Force. Article 4. This Amendment shall come into force on the […]” date of its publication. “Article 102. […] I – […] Brasília, March 18, 1999. c) in common criminal offenses and crimes of malver- THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: sation, the Ministers of State and the Commanders Michel Temer, President – Heráclito Fortes, First Vice- of the Navy, the Army, and the Air Force, except -President – Severino Cavalcanti, Second Vice-President as provided in article 52, item I, the members of – Ubiratan Aguiar, First Secretary – Nelson Trad, Second the Superior Courts, those of the Federal Audit Secretary – Efraim Morais, Fourth Secretary. Court and the heads of permanent diplomatic missions; THE DIRECTING BOARD OF THE FEDERAL SENATE: Antô- […]” nio Carlos Magalhães, President – Geraldo Melo, First “Article 105. […] Vice-President – Ronaldo Cunha Lima, First Secretary I – […] – Carlos Patrocínio, Second Secretary – Nabor Júnior, b) writs of mandamus and habeas data against an Third Secretary – Casildo Maldaner, Fourth Secretary. act of a Minister of State, of the Commanders of Published in the Official Journal, March 19, 1999. the Navy, the Army, and the Air Force, or of the Court itself; CONSTITUTIONAL AMENDMENT No. 23, 1999 c) habeas corpus, when the constraining party or Alters articles 12, 52, 84, 91, 102, and 105 of the Federal Constitution the petitioner is any of the persons mentioned (establishment of the Ministry of Defense). in subitem a, or when the constraining party is a court subject to its jurisdiction, a Minister of The Directing Boards of the Chamber of Deputies and State or Commander of the Navy, the Army, or of the Federal Senate, under the terms of paragraph the Air Force, except for the competence of the 3 of article 60 of the Federal Constitution, promulgate Electoral Courts; the following Amendment to the constitutional text: […]” Article 1. Articles 12, 52, 84, 91, 102, and 105 of the Article 2. This Amendment shall come into force on the Federal Constitution shall henceforth be in force with date of its publication. the following alterations: “Article 12. […] Brasília, September 2, 1999. Paragraph 3. […]

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THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: the law shall institute Labour Courts of first instance, Michel Temer, President – Heráclito Fortes, First Vice- allowing, in districts where such courts are not institu- -President – Severino Cavalcanti, Second Vice-President ted, for the attribution of their jurisdiction to judges.” – Ubiratan Aguiar, First Secretary – Nelson Trad, Second “Article 113. The law shall regulate the constitution, Secretary – Jaques Wagner, Third Secretary – Efraim installation, jurisdiction, powers, guarantees, and Morais, Fourth Secretary. conditions of exercise of the bodies of Labour Justice.” “Article 115. The Regional Labour Courts shall be THE DIRECTING BOARD OF THE FEDERAL SENATE: Antô- composed of judges appointed by the President of nio Carlos Magalhães, President – Geraldo Melo, First the Republic, observing the proportions established Vice-President – Ademir Andrade, Second Vice-Pre- in article 111, paragraph 2. sident – Carlos Patrocínio, Second Secretary, Acting Sole paragraph. […] First Secretary – Nabor Júnior, Third Secretary – Casildo III – (revoked).” Maldaner, Fourth Secretary. “Article 116. In the Labour Courts of first instance, Published in the Official Journal, September 3, 1999. jurisdiction shall be exercised by a single judge. Sole paragraph. (Revoked).” CONSTITUTIONAL AMENDMENT No. 24, 1999 Article 2. The current temporary justices of the Superior Alters provisions of the Federal Constitution regarding temporary Labour Court and the current temporary judges of the judges who represent professional categories in Labour Courts. Regional Labour Courts and Boards of Conciliation and The Directing Boards of the Chamber of Deputies and Judgement are ensured of the right to complete their of the Federal Senate, under the terms of paragraph terms of office. 3 of article 60 of the Federal Constitution, promulgate Article 3. This Amendment shall come into force on the the following Amendment to the constitutional text: date of its publication. Article 1. Articles 111, 112, 113, 115, and 116 of the Article 4. Article 117 of the Federal Constitution is Federal Constitution shall henceforth be in force with hereby revoked. the following wording: “Article 111. […]29 Brasília, December 9, 1999. III – Labour Judges. THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Paragraph 1. The Superior Labour Court shall be com- Michel Temer, President – Heráclito Fortes, First Vice- posed of seventeen tenured law justices, chosen from -President – Severino Cavalcanti, Second Vice-President among Brazilians over thirty-five and under sixty-five – Ubiratan Aguiar, First Secretary – Nelson Trad, Second years of age, appointed by the President of the Republic Secretary – Jaques Wagner, Third Secretary – Efraim after approval by the Federal Senate, of which eleven Morais, Fourth Secretary. shall be chosen from among judges of the Regional Labour Courts who are members of the Labour Justi- THE DIRECTING BOARD OF THE FEDERAL SENATE: Antônio ce career, three from among lawyers, and three from Carlos Magalhães, President – Geraldo Melo, First Vi- among members of the Labour Public Prosecution. ce-President – Ademir Andrade, Second Vice-President I – (revoked); – Ronaldo Cunha Lima, First Secretary – Carlos Patro- II – (revoked). cínio, Second Secretary – Nabor Júnior, Third Secretary Paragraph 2. The Court shall forward lists of three – Casildo Maldaner, Fourth Secretary. names to the President of the Republic, observing, Published in the Official Journal, December 10, 1999. as regards the vacancies intended for lawyers and for members of the Public Prosecution, the provisions of CONSTITUTIONAL AMENDMENT No. 25, 2000 article 94; the lists of three names for the filling of Alters item VI of article 29 and adds article 29-A to the Federal the offices intended for career labour judges shall be Constitution, regarding limits on expenditures on the Municipal prepared by the tenured law Justices. Legislative Power. […]” “Article 112. There shall be at least one Regional Labour The Directing Boards of the Chamber of Deputies and Court in each State and in the Federal District, and of the Federal Senate, under the terms of paragraph

29. Paragraphs 1 and 2 were revoked by CA No. 45, 2004.

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3 of article 60 of the Federal Constitution, promulgate prior year, of tax revenues and the transfers set forth in the following Amendment to the constitutional text: paragraph 5 of article 153, and in articles 158 and 159:” “I – eight percent to Municipalities having up to one Article 1. Item VI of article 29 of the Federal Constitution hundred thousand inhabitants;” shall henceforth be in force with the following wording: “II – seven percent to Municipalities having between “Article 29. […] one hundred thousand and one inhabitants and three VI – the compensation of Local Councilmen shall be hundred thousand inhabitants;” stipulated by their respective Town Councils in each “III – six percent to Municipalities having between legislative term for the subsequent one, with due regard three hundred thousand and one inhabitants and five for the provisions of this Constitution, in accordance hundred thousand inhabitants;” with the criteria set forth in the respective Organic “IV – five percent to Municipalities having over five Law and the following maximum limits: hundred thousand inhabitants.” a) In Municipalities having up to ten thousand inha- “Paragraph 1. The Town Council shall not spend more bitants, the compensation of Local Councilmen than seventy percent of its allocation on the payroll, shall correspond, at the most, to twenty percent including expenses on the compensation of its member of the compensation of State Deputies; councilmen.” b) in Municipalities having between ten thousand and “Paragraph 2. The following acts of the Municipal Mayor fifty thousand inhabitants, the compensation of are crimes of malversation:” Local Councilmen shall correspond, at the most, “I – to effect a remittance in excess of the limits sti- to thirty percent of the compensation of State pulated in this article;” Deputies; “II – not to effect a remittance before the twentieth c) in Municipalities having between fifty thousand day of each month;” and one inhabitants and one hundred thousand “III – to effect a remittance below the proportion sti- inhabitants, the compensation of Local Councilmen pulated in the Budgetary Law.” shall correspond, at the most, to forty percent “Paragraph 3. It shall be a crime of malversation for the of the compensation of State Deputies; President of the Town Council to disobey paragraph d) in Municipalities having between one hundred 1 of this article.” thousand and one inhabitants and three hundred thousand inhabitants, the compensation of Local Article 3. This Amendment shall come into force on Councilmen shall correspond, at the most, to fifty January 1, 2001. percent of the compensation of State Deputies; Brasília, February 14, 2000. e) in Municipalities having between three hundred thousand and one inhabitants and five hundred THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: thousand inhabitants, the compensation of Local Michel Temer, President – Heráclito Fortes, First Vice- Councilmen shall correspond, at the most, to sixty -President – Severino Cavalcanti, Second Vice-President percent of the compensation of State Deputies; – Ubiratan Aguiar, First Secretary – Nelson Trad, Second f) in Municipalities having over five hundred thou- Secretary – Jaques Wagner, Third Secretary – Efraim sand inhabitants, the compensation of Local Morais, Fourth Secretary. Councilmen shall correspond, at the most, to THE DIRECTING BOARD OF THE FEDERAL SENATE: Antônio seventy-five percent of the compensation of Carlos Magalhães, President – Geraldo Melo, First Vi- State Deputies; ce-President – Ademir Andrade, Second Vice-President […]” – Ronaldo Cunha Lima, First Secretary – Carlos Patro- Article 2. The Federal Constitution shall henceforth cínio, Second Secretary – Nabor Júnior, Third Secretary include the following article 29-A: – Casildo Maldaner, Fourth Secretary. “Article 29-A. The total expenditures of the Municipal Published in the Official Journal, February 15, 2000. Legislative Branch, including the compensation of Local Councilmen and excluding outlays on retired personnel, may not exceed the following percentages, related to the total amount, effectively realized in the

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CONSTITUTIONAL AMENDMENT No. 26, 2000 “Paragraph 1. The provision of the head paragraph of Alters the wording of article 6 of the Federal Constitution. this article shall not reduce the assessment basis of the transfers to the States, the Federal District, and The Directing Boards of the Chamber of Deputies and the Municipalities under the terms of articles 153, of the Federal Senate, under the terms of paragraph paragraph 5; 157, item I; 158, items I and II; and 159, 3 of article 60 of the Federal Constitution, promulgate items I, subitems a and b, and II, of the Constitution, the following Amendment to the constitutional text: neither the assessment basis of the applications in Article 1. Article 6 of the Federal Constitution shall programs to finance the productive sector of the henceforth be in force with the following wording: North, Northeast, and Centre-West Regions mentioned “Article 6. Education, health, work, housing, leisure, in article 159, item I, subitem c, of the Constitution.” security, social security, protection of motherhood and “Paragraph 2. The proceeds from the collection of childhood, and assistance to the destitute, are social the social contribution for education mentioned in rights, as set forth by this Constitution.” article 212, paragraph 5, of the Constitution, shall be excepted from the provision of the head paragraph Article 2. This Amendment shall come into force on the of this article.” date of its publication. Article 2. This Amendment shall come into force on the Brasília, February 14, 2000. date of its publication. THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Brasília, March 21, 2000. Michel Temer, President – Heráclito Fortes, First Vice- -President – Severino Cavalcanti, Second Vice-President THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: – Ubiratan Aguiar, First Secretary – Nelson Trad, Second Michel Temer, President – Heráclito Fortes, First Vice- Secretary – Jaques Wagner, Third Secretary – Efraim -President – Severino Cavalcanti, Second Vice-President Morais, Fourth Secretary. – Ubiratan Aguiar, First Secretary – Nelson Trad, Second Secretary – Jaques Wagner, Third Secretary – Efraim THE DIRECTING BOARD OF THE FEDERAL SENATE: Antônio Morais, Fourth Secretary. Carlos Magalhães, President – Geraldo Melo, First Vi- ce-President – Ademir Andrade, Second Vice-President THE DIRECTING BOARD OF THE FEDERAL SENATE: Antônio – Ronaldo Cunha Lima, First Secretary – Carlos Patro- Carlos Magalhães, President – Geraldo Melo, First Vi- cínio, Second Secretary – Nabor Júnior, Third Secretary ce-President – Ademir Andrade, Second Vice-President – Casildo Maldaner, Fourth Secretary. – Ronaldo Cunha Lima, First Secretary – Carlos Patro- cínio, Second Secretary – Nabor Júnior, Third Secretary Published in the Official Journal, February 15, 2000. – Casildo Maldaner, Fourth Secretary.

CONSTITUTIONAL AMENDMENT No. 27, 2000 Published in the Official Journal, March 22, 2000. Adds article 76 to the Temporary Constitutional Provisions Act, providing that a certain amount of the proceeds from the CONSTITUTIONAL AMENDMENT No. 28, 2000 collection of Federal taxes and social contributions shall be Gives new wording to item XXIX of article 7 and revokes article free from earmarking. 233 of the Federal Constitution.

The Directing Boards of the Chamber of Deputies and The Directing Boards of the Chamber of Deputies and of the Federal Senate, under the terms of paragraph of the Federal Senate, under the terms of paragraph 3 of article 60 of the Federal Constitution, promulgate 3 of article 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text: the following Amendment to the constitutional text:

Article 1. Article 76 is included in the Temporary Cons- Article 1. Item XXIX of article 7 of the Federal Consti- titutional Provisions Act, with the following wording: tution shall henceforth read as follows: “Article 76. Twenty percent of the proceeds from the “XXIX – legal action, with respect to credits arising from collection of Federal taxes and social contributions, employment relationships, with a limitation of five already instituted or to be instituted in the period of years for urban and rural workers, up to the limit of 2000 to 2003, as well as their additional taxes and two years after the end of the employment contract;” respective legal increases, shall not be earmarked “a) (revoked);” to any agency, fund, or expense in the said period.” “b) (revoked);”

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Article 2. Article 233 of the Federal Constitution is “Article 156. […] hereby revoked. Paragraph 1. Without prejudice to the progressiveness in time mentioned in article 182, paragraph 4, item II, Article 3. This Amendment shall come into force on the the tax referred to in item I may:” date of its publication. “I – be progressive according to the value of the pro- Brasília, May 25, 2000. perty; and” “II – have different rates according to the location and THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: utilization of the property. Michel Temer, President – Heráclito Fortes, First Vice- […]” -President – Severino Cavalcanti, Second Vice-President – Ubiratan Aguiar, First Secretary – Nelson Trad, Second Article 4. The sole paragraph of article 160 shall hen- Secretary – Jaques Wagner, Third Secretary – Efraim ceforth read as follows: Morais, Fourth Secretary. “Article 160. […] Sole paragraph. The prohibition mentioned in the pre- THE DIRECTING BOARD OF THE FEDERAL SENATE: Antônio sent article does not prevent the Union and the States Carlos Magalhães, President – Geraldo Melo, First Vice- from remitting the funds on condition of:” -President – Ademir Andrade, Second Vice-President – “I – payment of their credits, including those of the Ronaldo Cunha Lima, First Secretary – Carlos Patrocínio, associate government agencies;” Second Secretary – Casildo Maldaner, Fourth Secretary. “II – compliance with the provisions of article 198, Published in the Official Journal, May 26, 2000, rectified paragraph 2, items II and III.” on May 29, 2000. Article 5. Item IV of article 167 shall henceforth read CONSTITUTIONAL AMENDMENT No. 29, 2000 as follows: “Article 167. […] Alters articles 34, 35, 156, 160, 167, and 198 of the Federal IV – to bind tax revenues to an agency, fund or expense, Constitution, and adds an article to the Temporary Constitutional excepting the sharing of the proceeds from the collec- Provisions Act, to guarantee a minimum amount of funds to tion of the taxes referred to in articles 158 and 159, finance health actions and public services. the allocation of funds for health actions and public The Directing Boards of the Chamber of Deputies and services and for the maintenance and development of the Federal Senate, under the terms of paragraph of education, as determined, respectively, in article 3 of article 60 of the Federal Constitution, promulgate 198, paragraph 2, and article 212, and the granting the following Amendment to the constitutional text: of guarantees on credit transactions by advance of revenues, as established in article 165, paragraph 8, Article 1. Subitem e of item VII of article 34 shall hen- as well as in paragraph 4 of the present article; ceforth read as follows: […]” “Article 34. […] VII – […] Article 6. Article 198 shall henceforth include the follo- e) the application of the minimum required amount wing paragraphs 2 and 3, and the current sole paragraph of the revenues resulting from State taxes, in- shall be renumbered as paragraph 1: cluding revenues originating from transfers, to “Article 198. […] the maintenance and development of education Paragraph 1 (original sole paragraph) […] and to health actions and public services.” Paragraph 2. The Union, the States, the Federal Dis- trict, and the Municipalities shall apply each year, to Article 2. Item III of article 35 shall henceforth read as health actions and public services, a minimum amount follows: of funds derived from the application of percentages “Article 35. […] calculated upon the following:” III – the minimum required amount of the Municipal “I – in the case of the Union, in the manner defined revenues has not been applied to the maintenance under the terms of the supplementary law provided and development of education and to health actions for in paragraph 3;” and public services;” “II – in the case of the States and of the Federal District, Article 3. Paragraph 1 of article 156 of the Federal the proceeds from the collection of the taxes mentioned Constitution shall henceforth read as follows: in article 155 and of the funds mentioned in articles

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157 and 159, items I, subitem a, and II, after deducting the application shall consist of at least seven percent the portions remitted to the respective Municipalities;” as of the year 2000.” “III – in the case of the Municipalities and of the Federal “Paragraph 2. At least fifteen percent of the funds of District, the proceeds from the collection of the taxes the Union expended under the terms of this article mentioned in article 156 and of the funds mentioned in shall be applied in the Municipalities, according to the articles 158 and 159, item I, subitem b, and paragraph 3.” populational criterion, to health actions and public “Paragraph 3. A supplementary law to be revised at services, in accordance with the law.” least every five years shall establish:” “Paragraph 3. The funds of the States, the Federal Dis- “I – the percentages referred to in paragraph 2;” trict, and the Municipalities assigned for health actions “II – the criteria for the sharing of funds of the Union and public services, as well as those transferred by the earmarked for health and assigned to the States, the Union for the same purpose, shall be applied by means Federal District, and the Municipalities, and of funds of the Health Fund, to be monitored and supervised by of the States assigned to their respective Municipali- the Health Board, without prejudice to the provisions ties, with a view to a progressive reduction of regional of article 74 of the Federal Constitution.” disparities;” “Paragraph 4. In the absence of the supplementary law “III – the rules for supervision, assessment, and control referred to in article 198, paragraph 3, the provisions of expenditures on health at the level of the Union, the of this article shall apply to the Union, the States, States, the Federal District, and the Municipalities;” the Federal District, and the Municipalities as of the “IV – the rules to calculate the amount to be applied financial year of 2005.” by the Union.” Article 8. This Amendment shall come into force on the Article 7. The Temporary Constitutional Provisions Act date of its publication. shall henceforth include the following article 77: Brasília, September 13, 2000. “Article 77. Until the financial year of 2004, the minimum amount of funds applied to health actions and public THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: services shall be equivalent to:” Michel Temer, President – Heráclito Fortes, First Vice- “I – in the case of the Union:” -President – Severino Cavalcanti, Second Vice-President “a) in the year 2000, the amount of checks issued – Ubiratan Aguiar, First Secretary – Nelson Trad, Second to health actions and public services during the Secretary – Jaques Wagner, Third Secretary – Efraim financial year of 1999, plus at least five percent;” Morais, Fourth Secretary. “b) from the year 2001 through the year 2004, the THE DIRECTING BOARD OF THE FEDERAL SENATE: Antônio amount expended in the previous year, restated Carlos Magalhães, President – Geraldo Melo, First Vice- according to the nominal changes of the Gross -President – Ademir Andrade, Second Vice-President – Domestic Product (GDP);” Ronaldo Cunha Lima, First Secretary – Carlos Patrocínio, “II – in the case of the States and of the Federal District, Second Secretary – Nabor Júnior, Third Secretary. twelve percent of the proceeds from the collection of the taxes referred to in article 155 and of the funds Published in the Official Journal, September 14, 2000. mentioned in articles 157 and 159, items I, subitem a, and II, after deducting the portions transferred to the CONSTITUTIONAL AMENDMENT No. 30, 2000 respective Municipalities;” Alters the wording of article 100 of the Federal Constitution, “III – in the case of the Municipalities and of the Federal and adds article 78 to the Temporary Constitutional Provisions District, fifteen percent of the proceeds from the Act, regarding the payment of court order debts. collection of the taxes mentioned in article 156 and The Directing Boards of the Chamber of Deputies and of the funds mentioned in articles 158 and 159, item of the Federal Senate, under the terms of paragraph I, subitem b, and paragraph 3.” 3 of article 60 of the Federal Constitution, promulgate “Paragraph 1. The States, the Federal District, and the the following Amendment to the constitutional text: Municipalities which apply percentages lower than those stipulated in items II and III shall raise them gradually, Article 1. Article 100 of the Federal Constitution shall until the financial year of 2004, the difference being henceforth read as follows: reduced at the rate of at least one fifth per year, and “Article 100. […]

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Paragraph 1. It is mandatory for the budgets of public “Paragraph 1. The division of installments is permitted, entities to include the funds required for the payment at the discretion of the creditor.” of debts arising from final and unappealable judicial “Paragraph 2. In the event the annual installments decisions, stated in court orders presented until or referred to in the head paragraph of this article have on July 1, and the payment shall be made before the not been paid before the end of the relevant fiscal close of the subsequent fiscal year, on which date their year, they shall be deducted from the taxes owed to amounts shall be adjusted for inflation.” the debtor entity.” “Paragraph 1-A. Alimony debts include those arising “Paragraph 3. The period of time referred to in the head from salaries, remuneration, pay, pensions, and their paragraph of this article is reduced to two years, in supplementations, social security benefits and com- the case of court order debts deriving from the expro- pensation for death and disability, such compensation priation of a creditor’s residential property, provided being based on civil liability, by virtue of a final and that such property is proven to be the creditor’s only unappealable judicial decision.” residential property at the time of emission of a writ “Paragraph 2. The budgetary allocations and the cre- of ejectment.” dits opened shall be assigned directly to the Judicial “Paragraph 4. If the time limit has elapsed, or in the Power, it being within the competence of the President case of omission in the budget, or in the event the right of the Court which rendered the decision of execution of precedence is not respected, the President of the to determine payment, according to the possibilities appropriate Court shall, upon petition of a creditor, of the deposit, and to authorize, upon petition of a requisition or order the seizure of funds of the debtor creditor and exclusively in the event that his right of entity, at an amount sufficient to pay the installment.” precedence is not respected, seizure of the amount Article 3. This Amendment shall come into force on the required to satisfy the debt.” date of its publication. “Paragraph 3. The provision contained in the head paragraph of this article, regarding the emission of Brasília, September 13, 2000. court orders, does not apply to bonds defined by law THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: as being of a small amount, which must be paid by the Michel Temer, President – Heráclito Fortes, First Vice- Federal, State, or Municipal tax authorities by virtue of -President – Severino Cavalcanti, Second Vice-President a final and unappealable judicial decision.” – Ubiratan Aguiar, First Secretary – Nelson Trad, Second “Paragraph 4. The law may stipulate different amounts Secretary – Jaques Wagner, Third Secretary – Efraim for the purpose set forth in paragraph 3 of this article, Morais, Fourth Secretary. according to the different capacities of public entities.” “Paragraph 5. The President of the appropriate Court THE DIRECTING BOARD OF THE FEDERAL SENATE: Antônio who, by means of an act or omission, delays or attempts Carlos Magalhães, President – Geraldo Melo, First Vice- to frustrate the regular payment of a court order debt -President – Ademir Andrade, Second Vice-President – shall be liable to crime of malversation.” Ronaldo Cunha Lima, First Secretary – Carlos Patrocínio, Second Secretary – Nabor Júnior, Third Secretary. Article 2. Article 78 is added to the Temporary Cons- titutional Provisions Act, with the following wording: Published in the Official Journal, September 14, 2000. “Article 78. With the exception of credits defined by law as being of a small amount, credits for alimony, CONSTITUTIONAL AMENDMENT No. 31, 2000 and credits stated in article 33 of this Temporary Cons- Alters the Temporary Constitutional Provisions Act, introducing titutional Provisions Act and their supplementations, articles that establish the Fund to Fight and Eradicate Poverty. as well as those credits whose respective funds have The Directing Boards of the Chamber of Deputies and already been released or paid into court, the court order of the Federal Senate, under the terms of paragraph debts for which payment is outstanding on the date of 3 of article 60 of the Federal Constitution, promulgate promulgation of this Amendment and those deriving the following Amendment to the constitutional text: from actions commenced before or on December 31, 1999, shall be settled according to their real value, in Article 1. The following articles are added to the Tem- legal tender, including legal interests, in equal and porary Constitutional Provisions Act of the Federal successive annual installments, within ten years at Constitution: the most, the assignment of credits being permitted.”

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“Article 79. The Fund to Fight and Eradicate Poverty, directly or indirectly by the Federal Government, when hereby instituted within the sphere of the Federal such operation involves the divestment of the res- Executive Branch, shall be in force through the year pective controlling interest to an individual or entity 2010 and shall be regulated by a supplementary law, not belonging to the government bodies, or of any aiming at enabling all Brazilians to have access to remaining equity interest following such divestment, adequate subsistence levels, and its resources shall and the income thereof, generated as from June 18, be applied to supplementary initiatives regarding nu- 2002, shall be transferred to the Fund to Fight and trition, housing, education, health, a complementary Eradicate Poverty. family income, and other programs of relevant social Paragraph 1. In case the yearly amount of income to be interest oriented towards the improvement of the transferred to the Fund to Fight and Eradicate Poverty, quality of life. as set forth in this article, does not add up to the total Sole paragraph. The Fund set forth in this article shall of four billion reais, it shall be supplemented according have an Advisory and Monitoring Board that must to article 80, item IV, of the Temporary Constitutional include representatives of civil society, under the Provisions Act. terms of the law. Paragraph 2. Without prejudice to the provision of Article 80. The Fund to Fight and Eradicate Poverty is paragraph 1, the Executive Branch may allocate other comprised of: revenues deriving from the sale of Federal Government I – the part of the proceeds from the collection corres- assets to the Fund mentioned in this article. ponding to additional eight hundredths of one percent, Paragraph 3. The resources that make up the Fund applicable from June 18, 2000, through June 17, 2002, to referred to in the head paragraph of this article, the the rate of the social contribution referred to in article transfer of said resources to the Fund to Fight and 75 of the Temporary Constitutional Provisions Act; Eradicate Poverty, and the other provisions concerning II – the part of the proceeds from the collection cor- paragraph 1 of this article shall be regulated by law, responding to additional five percent on the rate of and the provision of article 165, paragraph 9, item II the federal VAT [IPI], or of the tax that may eventually of the Constitution shall not be applicable. replace it, levied on luxury goods and applicable while Article 82. The States, the Federal District, and the the Fund is in force; Municipalities shall institute Funds to Fight Poverty, III – the proceeds from the collection of the tax referred comprised of the resources referred to in this article to in article 153, item VII, of the Constitution; and other resources that may eventually be allocated for IV – budgetary appropriations; this purpose, and the said Funds shall be managed by V – donations, of any nature, by individuals or corpo- entities which include the participation of civil society. rations established in Brazil or abroad; Paragraph 1. With a view to financing the State Funds VI – other revenues, to be defined by the legislation and the Federal District Fund, an additional tax of up that regulates the Fund. to two percent may be created, to raise the rate of the Paragraph 1. The provisions of articles 159 and 167, State VAT [ICMS], or the rate of the tax that may even- item IV, of the Constitution, are not applicable to the tually replace it, levied on luxury goods and services, resources that make up the Fund, neither is any dis- and the provision of article 158, item IV, of the Cons- connection of budgetary resources. titution shall not be applicable to such additional tax. Paragraph 2. The proceeds from the collection of the Paragraph 2. With a view to financing the Municipal resources referred to in item I of this article, during Funds, an additional tax of up to half of one percent the period from June 18, 2000 through the date the may be created, to raise the rate of the local service supplementary law mentioned in article 79 becomes tax [ISS], or the rate of the tax that may eventually effective, shall be remitted in full to the Fund, their replace it, levied on luxury services. real value being preserved, in federal government Article 83. A federal law shall define the luxury goods securities, progressively redeemable after June 18, and services referred to in articles 80, item II, and 82, 2002, under the terms of the law. paragraphs 1 and 2.” Article 81. A Fund is hereby instituted, to be comprised Article 2. This Amendment shall come into force on the of the resources received by the Federal Government date of its publication. as a result of divestiture of government-controlled corporations and public enterprises controlled either Brasília, December 14, 2000.

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THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: “Article 62. In important and urgent cases, the President Michel Temer, President – Heráclito Fortes, First Vice- of the Republic may adopt provisional measures with -President – Severino Cavalcanti, Second Vice-President the force of law and shall submit them to the National – Ubiratan Aguiar, First Secretary – Nelson Trad, Second Congress immediately. Secretary – Jaques Wagner, Third Secretary – Efraim Paragraph 1. The issuance of provisional measures is Morais, Fourth Secretary. forbidden when the matter involved: I – deals with: THE DIRECTING BOARD OF THE FEDERAL SENATE: Antônio a) nationality, citizenship, political rights, political Carlos Magalhães, President – Geraldo Melo, First Vice- parties, and election law; -President – Ademir Andrade, Second Vice-President – b) criminal law, criminal procedural law, and civil Ronaldo Cunha Lima, First Secretary – Carlos Patrocínio, procedural law; Second Secretary – Nabor Júnior, Third Secretary. c) organization of the Judicial Branch and of the Published in the Official Journal, December 18, 2000. Public Prosecution, the career and guarantees of their members; CONSTITUTIONAL AMENDMENT No. 32, 2001 d) pluriannual plans, budgetary directives, budgets, Alters provisions of articles 48, 57, 61, 62, 64, 66, 84, 88, and and additional and supplementary credits, with 246 of the Federal Constitution, and makes other provisions. the exception of the provision mentioned in article 167, paragraph 3; The Directing Boards of the Chamber of Deputies and II – aims at the detention or seizure of goods, people’s of the Federal Senate, under the terms of paragraph savings, or any other financial asset; 3 of article 60 of the Federal Constitution, promulgate III – is reserved for a supplementary law; the following Amendment to the constitutional text: IV – has already been regulated by a bill of law passed Article 1. Articles 48, 57, 61, 62, 64, 66, 84, 88, and 246 by the National Congress which is awaiting sanction of the Federal Constitution shall henceforth read as or veto by the President of the Republic. follows: Paragraph 2. A provisional measure to institute or “Article 48. […] increase taxes, with the exception of the taxes men- X – creation, change, and abolishment of public offices, tioned in articles 153, items I, II, IV, V, and 154, item II, positions and functions, with due regard for article 84, shall only produce effects in the subsequent financial item VI, subitem b; year if it has been converted into law before or on the XI – creation and abolishment of Ministries and Go- last day of the financial year in which it was issued. vernment bodies; Paragraph 3. With the exception of the provisions men- […]” tioned in paragraphs 11 and 12, provisional measures “Article 57. […] shall lose effectiveness from the day of their issuance Paragraph 7. In a special legislative session, the Na- if they are not converted into law within a period of tional Congress shall deliberate only upon the matter sixty days, which may be extended once for an identical for which it was called, exception being made for the period of time under the terms of paragraph 7, and the event mentioned in paragraph 8, the payment of a National Congress shall issue a legislative decree to compensatory amount in excess of the monthly com- regulate the legal relations arising therefrom. pensation being forbidden. Paragraph 4. The period mentioned in paragraph 3 Paragraph 8. If there are provisional measures in effect shall be counted from the date of publication of the on the date a special session of the National Congress provisional measure and shall be interrupted while is called, they shall be automatically included in the the National Congress is in recess. agenda of the session.” Paragraph 5. Deliberation by each House of the National “Article 61. […] Congress upon the merits of provisional measures shall Paragraph 1. […] depend on prior determination of their compliance II – […] with the constitutional requirements. e) creation and abolishment of Ministries and Gover- Paragraph 6. If a provisional measure is not examined nment bodies, with due regard for the provision within forty-five days as of its date of publication, it of article 84, item VI; shall subsequently be forwarded to urgent considera- […]” tion in each House of the National Congress, and the

153 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition deliberation of all other legislative matters shall be of expenditures or creation or abolishment of suspended in the House where it is under consideration, government bodies is involved; until such time as voting is concluded. b) abolishment of public positions or posts, if vacant; Paragraph 7. If the voting of a provisional measure is […]” not concluded in both Houses of the National Congress “Article 88. The law shall provide for the creation and within the period of sixty days as of its date of publi- abolishment of Ministries and government bodies.” cation, its period of effectiveness may be extended “Article 246. The adoption of a provisional measure once for an identical period of time. for the regulation of any article of the Constitution Paragraph 8. The voting of provisional measures shall the wording of which has been altered by means of an start in the House of Deputies. amendment enacted between January 1, 1995 and the Paragraph 9. It is incumbent upon the joint commit- date of enactment of this amendment is forbidden.” tee of Deputies and Senators to examine provisional Article 2. Any provisional measures issued on a date measures and issue an opinion thereon, before they prior to the date of publication of this amendment are submitted to floor action in each House of the shall remain in force until such time as a subsequent National Congress in a separate session. provisional measure explicitly revokes them or until Paragraph 10. It is forbidden to reissue a provisional final deliberation by the National Congress. measure in the same legislative session in which it was rejected or lost its effectiveness due to lapse of time. Article 3. This Constitutional Amendment shall come Paragraph 11. If the legislative decree mentioned in into force on the date of its publication. paragraph 3 is not issued within sixty days as of the Brasília, September 11, 2001. date the provisional measure was rejected or lost its effectiveness, the legal relations constituted and arising THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: from acts performed during its period of effectiveness Aécio Neves, President – Efraim Morais, First Vice-Pre- shall still be regulated by such provisional measure. sident – Barbosa Neto, Second Vice-President – Nilton Paragraph 12. Should a bill of law be passed that alters Capixaba, Second Secretary – Paulo Rocha, Third Se- the original text of a provisional measure, the latter cretary – Ciro Nogueira, Fourth Secretary. will remain effective in full until such date as the bill THE DIRECTING BOARD OF THE FEDERAL SENATE: Edison is sanctioned or vetoed.” Lobão, President Pro-Tempore – Antonio Carlos Valadares, “Article 64. […] Second Vice-President – Carlos Wilson, First Secretary Paragraph 2. If, in the event of paragraph 1, the Chamber – Antero Paes de Barros, Second Secretary – Ronaldo of Deputies and the Federal Senate fail to act, each Cunha Lima, Third Secretary – Mozarildo Cavalcanti, one, successively, on the proposition, within the period Fourth Secretary. of forty-five days, deliberation on all other legislative matters shall be suspended in the respective House, Published in the Official Journal, September 12, 2001. save those which must be considered within a stipulated constitutional period, in order that the voting CONSTITUTIONAL AMENDMENT No. 33, 2001 may be concluded. Alters articles 149, 155, and 177 of the Federal Constitution. […]” The Directing Boards of the Chamber of Deputies and “Article 66. […] of the Federal Senate, under the terms of paragraph Paragraph 6. If the period of time established in para- 3 of article 60 of the Federal Constitution, promulgate graph 4 elapses without a decision being reached, the the following Amendment to the constitutional text: veto shall be included in the order of the day of the subsequent session, and all other propositions shall Article 1. Article 149 of the Federal Constitution shall be suspended until its final voting. henceforth be in force with the addition of the following […]” paragraphs, and the current sole paragraph shall be “Article 84. […] renumbered as paragraph 1: VI – provide for the following, by means of a decree: “Article 149. […] a) organization and operation of federal gover- Paragraph 1. […] nment services, whenever no augmentation Paragraph 2. The social contribution taxes mentioned in the head paragraph of this article, as well as

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the contribution taxes regarding intervention in the I – in transactions involving lubricants and petroleum- economic domain: -derived fuels, the tax shall be attributed to the State I – shall not be levied on export earnings; where consumption takes place; II – may be levied on the importation of petroleum and II – in interstate transactions among taxpayers involving petroleum products, natural gas and its by-products, natural gas and its by-products, and lubricants and and fuel alcohol; fuels not included in item I of this paragraph, the tax III – may have the following rates: shall be shared by the State of origin and the State of a) ad valorem rates, having as basis the proceeds, destination, and the proportion existing in transactions gross revenues, or the value of the transaction, involving other goods shall be observed; and, in the case of importation, the customs III – in interstate transactions involving natural gas and value; its by-products, and lubricants and fuels not included b) specific rates, having as basis the unit of mea- in item I of this paragraph, when it is not incumbent surement adopted. upon the recipient to pay the tax, such tax shall be Paragraph 3. A natural person who is the recipient in attributed to the State of origin; an import transaction may be held as equivalent to a IV – the tax rates shall be defined by joint decision corporate body, under the terms of the law. of States and the Federal District, under the terms of Paragraph 4. The law shall establish the cases in which paragraph 2, item XII, subitem g, with due regard for contributions will be levied only once.” the following: a) they shall be uniform throughout the national Article 2. Article 155 of the Federal Constitution shall territory, and they may be different for each henceforth be in force with the following alterations: product; “Article 155. […] b) they may be specific, according to the unit of Paragraph 2. […] measurement adopted, or ad valorem, levied on IX – […] the value of the transaction or on the price the a) on the entry of goods or products imported from product or a similar product would be sold for abroad by an individual or corporate body, even in free competition circumstances; in the case of a taxpayer who does not pay such c) they may be lowered and restored to their original tax on a regular basis, regardless of its purpose, levels, and the provision of article 150, item III, as well as on services rendered abroad, and the subitem b, shall not apply thereto. tax shall be attributed to the State where the Paragraph 5. The rules for the enforcement of the pro- domicile or the establishment of the recipient visions of paragraph 4, including those concerning the of the product, good, or service is located; collection and assignment of the tax, shall be establi- […] shed by joint decision of States and the Federal District, XII – […] under the terms of paragraph 2, item XII, subitem g.” h) define the fuels and lubricants on which this tax shall be levied only once, regardless of its Article 3. Article 177 of the Federal Constitution shall purpose, in which case the provision of item X, henceforth include the following paragraph: subitem b, shall not apply; “Article 177. […] i) stipulate the assessment basis so as to include Paragraph 4. The law which institutes a contribution the amount of the tax, also in the event of im- tax of intervention in the economic domain regarding portation of goods, products, or services from activities of importation or sale of petroleum and pe- abroad. troleum products, natural gas and its by-products, and Paragraph 3. With the exception of the taxes mentio- fuel alcohol shall include the following requirements: ned in item II of the head paragraph of the present I – the contribution rate may be: article, and article 153, items I and II, no other tax may a) different for each product or use; be levied on transactions concerning electric energy, b) lowered and restored to its original level by an telecommunications services, petroleum products, act of the Executive Branch, and the provision fuels, and minerals of the country. of article 150, item III, subitem b, shall not apply Paragraph 4. In the event of item XII, subitem h, the thereto; following shall apply: II – the proceeds from the collection of the contribution shall be allocated:

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a) to the payment of price or transportation subsidies Article 2. This Constitutional Amendment shall come for fuel alcohol, natural gas and its by-products, into force on the date of its publication. and petroleum products; Brasília, December 13, 2001. b) to the financing of environmental projects related to the petroleum and gas industry; THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: c) to the financing of transportation infrastructure Aécio Neves, President – Barbosa Neto, Second Vice- programs.” -President – Nilton Capixaba, Second Secretary – Paulo Rocha, Third Secretary. Article 4. Until such time as the supplementary law mentioned in article 155, paragraph 2, item XII, subi- THE DIRECTING BOARD OF THE FEDERAL SENATE: Ramez tem h, of the Federal Constitution, comes into force, Tebet, President – Edison Lobão, First Vice-President – the States and the Federal District, by means of an Antonio Carlos Valadares, Second Vice-President – Carlos agreement entered into under the terms of paragraph Wilson, First Secretary – Antero Paes de Barros, Second 2, item XII, subitem g, of the said article, shall establish Secretary – Ronaldo Cunha Lima, Third Secretary – Mo- provisional rules to regulate the matter. zarildo Cavalcanti, Fourth Secretary.

Article 5. This Constitutional Amendment shall come Published in the Official Journal, December 14, 2001. into force on the date of its promulgation. CONSTITUTIONAL AMENDMENT No. 35, 2001 Brasília, December 11, 2001. Gives new wording to article 53 of the Federal Constitution. THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: The Directing Boards of the Chamber of Deputies and Aécio Neves, President – Efraim Morais, First Vice-Presi- of the Federal Senate, under the terms of paragraph dent – Barbosa Neto, Second Vice-President – Severino 3 of article 60 of the Federal Constitution, promulgate Cavalcanti, First Secretary – Nilton Capixaba, Second the following Amendment to the constitutional text: Secretary – Paulo Rocha, Third Secretary – Ciro Nogueira, Fourth Secretary. Article 1. Article 53 of the Federal Constitution shall henceforth be in force with the following alterations: THE DIRECTING BOARD OF THE FEDERAL SENATE: Ramez “Article 53. Deputies and Senators enjoy civil and cri- Tebet, President – Edison Lobão, First Vice-President – minal inviolability on account of any of their opinions, Antonio Carlos Valadares, Second Vice-President – Carlos words and votes. Wilson, First Secretary – Antero Paes de Barros, Second Paragraph 1. Deputies and Senators, from the date of Secretary – Ronaldo Cunha Lima, Third Secretary – Mo- issuance of the certificate of election victory, shall be zarildo Cavalcanti, Fourth Secretary. tried by the Federal Supreme Court. Published in the Official Journal, December 12, 2001. Paragraph 2. From the date of issuance of the certificate of election victory, the members of the National CONSTITUTIONAL AMENDMENT No. 34, 2001 Congress may not be arrested, except in flagrante Gives new wording to subitem c of item XVI of article 37 of the delicto of a non-bailable offense. In such case, the case Federal Constitution. records shall be sent within twenty-four hours to the respective House, which, by the vote of the majority The Directing Boards of the Chamber of Deputies and of its members, shall decide on the arrest. of the Federal Senate, under the terms of paragraph Paragraph 3. Upon receiving an accusation against 3 of article 60 of the Federal Constitution, promulgate a Senator or Deputy, for an offense committed after the following Amendment to the constitutional text: the issuance of the certificate of election victory, the Article 1. Subitem c of item XVI of article 37 of the Federal Supreme Court shall inform the respective Federal Constitution shall henceforth read as follows: House, which, by the initiative of a political party “Article 37. […] therein represented and by the vote of the majority of XVI – […] those House members, may, until such time as a final c) of two positions or jobs which are exclusive for decision is issued, stay consideration of the action. health professionals, with regulated professions; Paragraph 4. The request for stay shall be examined […]” by the respective House within the unextendable

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period of forty-five days as from its receipt by the Article 1. Article 222 of the Federal Constitution shall Directing Board. henceforth read as follows: Paragraph 5. The stay of proceedings shall suspend “Article 222. Newspaper companies, sound broadcasting the limitation for the duration of the term of office. companies, or sound and image broadcasting compa- Paragraph 6. Deputies and Senators shall not be com- nies, shall be owned exclusively by native Brazilians pelled to render testimony on information received or or those naturalized for more than ten years, or by given by virtue of the exercise of their mandate, nor on legal entities incorporated under Brazilian laws and persons who rendered them information or received headquartered in Brazil. information from them. Paragraph 1. In all circumstances, at least seventy per Paragraph 7. Incorporation into the Armed Forces of cent of the total capital stock and of the voting capital Deputies and Senators, even if they hold military rank of newspaper companies, sound broadcasting compa- and even in time of war shall depend upon the prior nies, or sound and image broadcasting companies, shall granting of permission by the respective House. be owned directly or indirectly by native Brazilians or Paragraph 8. The immunities of Deputies and Senators those naturalized for more than ten years, who shall shall be maintained during a state of siege and may mandatorily exercise the management of activities and only be suspended by the vote of two-thirds of the shall define the content of programming. members of the respective House, in the case of acts Paragraph 2. Editorial responsibility and the activities committed outside the premises of Congress, which regarding selection and management of the program- are not compatible with the implementation of such ming to be disseminated shall be carried out exclusively measure.” by native Brazilians or those naturalized for more than ten years, in any social communication medium. Article 2. This Constitutional Amendment shall come Paragraph 3. Electronic social communication media, into force on the date of its publication. regardless of the technology used to deliver the service, Brasília, December 20, 2001. shall comply with the principles stipulated in article 221, as provided by specific legislation, which shall THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: also ensure priority to Brazilian professionals in the Aécio Neves, President – Efraim Morais, First Vice-Presi- production of Brazilian programs. dent – Barbosa Neto, Second Vice-President – Severino Paragraph 4. Specific legislation shall regulate the Cavalcanti, First Secretary – Nilton Capixaba, Second participation of foreign capital in the companies men- Secretary – Paulo Rocha, Third Secretary – Ciro Nogueira, tioned in paragraph 1. Fourth Secretary. Paragraph 5. Any alterations in the corporate control THE DIRECTING BOARD OF THE FEDERAL SENATE: Ramez of the companies mentioned in paragraph 1 must be Tebet, President – Edison Lobão, First Vice-President – communicated to the National Congress.” Antonio Carlos Valadares, Second Vice-President – Carlos Article 2. This Constitutional Amendment shall come Wilson, First Secretary – Antero Paes de Barros, Second into force on the date of its publication. Secretary – Ronaldo Cunha Lima, Third Secretary – Mo- zarildo Cavalcanti, Fourth Secretary. Brasília, May 28, 2002.

Published in the Official Journal, December 21, 2001. THE DIRECTING BOARD OF THE CHAMBER OF DEPU- TIES: Aécio Neves, President – Barbosa Neto, Second CONSTITUTIONAL AMENDMENT No. 36, 2002 Vice-President – Severino Cavalcanti, First Secretary Gives new wording to article 222 of the Federal Constitution, – Nilton Capixaba, Second Secretary – Paulo Rocha, to allow the participation of legal entities in the capital stock Third Secretary. of newspaper companies, sound broadcasting companies, and THE DIRECTING BOARD OF THE FEDERAL SENATE: Ramez sound and image broadcasting companies, under the conditions Tebet, President – Edison Lobão, First Vice-President – herein stipulated. Antonio Carlos Valadares, Second Vice-President – Carlos The Directing Boards of the Chamber of Deputies and Wilson, First Secretary – Antero Paes de Barros, Second of the Federal Senate, under the terms of paragraph Secretary – Mozarildo Cavalcanti, Fourth Secretary. 3 of article 60 of the Federal Constitution, promulgate Published in the Official Journal, May 29, 2002. the following Amendment to the constitutional text:

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CONSTITUTIONAL AMENDMENT No. 37, 2002 corresponding to the following rates shall be allocated Alters articles 100 and 156 of the Federal Constitution and adds to the purposes herein stated: articles 84, 85, 86, 87, and 88 to the Temporary Constitutional I – twenty hundredths percent to the National Health Provisions Act. Fund, for the financing of health actions and services; II – ten hundredths percent to the financing of social The Directing Boards of the Chamber of Deputies and security; of the Federal Senate, under the terms of paragraph III – eight hundredths percent to the Fund to Fight and 3 of article 60 of the Federal Constitution, promulgate Eradicate Poverty, set forth in articles 80 and 81 of this the following Amendment to the constitutional text: Temporary Constitutional Provisions Act. Article 1. Article 100 of the Federal Constitution shall Paragraph 3. The rate of the contribution mentioned henceforth be in force with the addition of the following in this article shall be equal to: paragraph 4, and the subsequent paragraphs shall be I – thirty-eight hundredths percent in the financial renumbered: years of 2002 and 2003; “Article 100. […] II – eight hundredths percent in the financial year of Paragraph 4. The issuance of a court order as a supple- 2004, and it shall be wholly allocated to the Fund to mentation to or in addition to an amount to be paid, Fight and Eradicate Poverty, set forth in articles 80 as well as the parceling, apportionment, or reduction and 81 of this Temporary Constitutional Provisions Act. of the amount under execution are forbidden, so that Article 85. The contribution mentioned in article 84 of payment will not be made, in part, as stipulated in this Temporary Constitutional Provisions Act shall not be paragraph 3 of this article, and, in part, by means of levied, as from the thirtieth day after the publication of the issuance of a court order. this Constitutional Amendment, on entries concerning: […]” I – current deposit accounts especially opened and Article 2. Paragraph 3 of article 156 of the Federal exclusively used for transactions carried out by: Constitution shall henceforth read as follows: a) clearinghouses and providers of clearing and “Article 156. […] settlement services referred to in article 2, sole Paragraph 3. As regards the tax established in item III paragraph, of Law No. 10,214, of March 27, 2001; of the head paragraph of this article, a supplementary b) securitization companies referred to in Law No. law shall: 9,514, of November 20, 1997; I – establish its maximum and minimum rates; c) business corporations whose exclusive purpose is […] to purchase credits originating from transactions III – regulate the manner and conditions for the gran- carried out in the financial market; ting and revocation of fiscal exemptions, incentives, II – current deposit accounts, when such entries are and benefits. related to: […]” a) stock purchase and sale transactions, effected within stock exchange trading floors or electronic Article 3. The Temporary Constitutional Provisions Act systems, and in the organized over-the-counter shall henceforth be in force with the addition of the market; following articles 84, 85, 86, 87, and 88: b) contracts written on stocks or stock indices, in “Article 84. The provisional contribution on the move- their various modes, negotiated in stock exchan- ment or transmission of monies and of credits and rights ges, commodities and futures exchanges; of a financial nature, set forth in articles 74, 75, and III – foreign investors’ accounts, regarding entries 80, item I, of this Temporary Constitutional Provisions into and remittances from Brazil of funds employed Act, shall be collected through December 31, 2004. exclusively in transactions and contracts referred to Paragraph 1. The effect of Law No. 9,311, of October 24, in item II of this article. 1996, as well as of its alterations, is hereby extended Paragraph 1. The Executive Branch shall regulate the through the date mentioned in the head paragraph provisions of this article within thirty days as of the of this article. date of publication of this Constitutional Amendment. Paragraph 2. Of the proceeds from collection of the Paragraph 2. The provisions of item I of this article apply social contribution mentioned in this article, the portion only to the transactions specified in an act issued by

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the Executive Branch, from among the transactions II – thirty minimum monthly wages, in the case of de- that constitute the purpose of said entities. bts owed by the Tax Authorities of the Municipalities. Paragraph 3. The provisions of item II of this article apply Sole paragraph. Should the amount under execution only to transactions and contracts effected through exceed the amount stipulated in this article, payment financial institutions, securities brokerage houses, shall always be made by means of a court order, the securities distribution companies, and commodities execution creditor being entitled to waiving the credit brokerage houses. of the excess amount, so that he may opt to receive the balance without the emission of a court order, in Article 86. Debts that must be paid by the Federal, State, the manner set forth in paragraph 3 of article 100. Federal District, or Municipal Tax Authorities by virtue of final and unappealable judicial decisions shall be Article 88. Until such time as a supplementary law regu- paid in accordance with the provisions of article 100 of lates the provisions of items I and III of paragraph 3 of the Federal Constitution, the parceling rule established article 156 of the Federal Constitution, the tax referred in the head paragraph of article 78 of this Temporary to in item III of the head paragraph of said article shall: Constitutional Provisions Act not being applicable, if I – have a minimum rate of two percent, save for the such debts meet the following cumulative conditions: services referred to in items 32, 33, and 34 of the I – having been the subject of a court order; List of Services appended to Decree-Law No. 406, of II – having been defined as small amount debts by the December 31, 1968; law referred to in paragraph 3 of article 100 of the II – not be subject to the granting of fiscal exemptions, Federal Constitution, or by article 87 of this Temporary incentives, and benefits, should the direct or indirect Constitutional Provisions Act; result of such granting be the reduction of the minimum III – their payment being outstanding, in whole or in rate stipulated in item I.” part, on the date of publication of this Constitutional Article 4. This Constitutional Amendment shall come Amendment. into force on the date of its publication. Paragraph 1. The debts referred to in the head paragraph of this article, or their respective balances, shall Brasília, June 12, 2002. be paid in chronological order of presentation of the THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: respective court orders, with precedence over debts Aécio Neves, President – Barbosa Neto, Second Vice- of a higher amount. -President – Nilton Capixaba, Second Secretary – Paulo Paragraph 2. If the debts referred to in the head para- Rocha, Third Secretary – Ciro Nogueira, Fourth Secretary. graph of this article have not been subject to partial payment yet, under the terms of article 78 of this THE DIRECTING BOARD OF THE FEDERAL SENATE: Ramez Temporary Constitutional Provisions Act, they may be Tebet, President – Edison Lobão, First Vice-President – paid in two annual installments, as the law provides. Carlos Wilson, First Secretary – Antero Paes de Barros, Paragraph 3. The payment of the alimony debts referred Second Secretary – Ronaldo Cunha Lima, Third Secretary to in this article, with due respect for the chronological – Mozarildo Cavalcanti, Fourth Secretary. order of their presentation, shall take precedence over Published in the Official Journal, June 13, 2002. the payment of all other debts.

Article 87. For purposes of the provisions set forth in paragraph 3 of article 100 of the Federal Constitution, and in article 78 of this Temporary Constitutional Provisions CONSTITUTIONAL AMENDMENT No. 38, 2002 Act, and until such time as the official publication of the Adds article 89 to the Temporary Constitutional Provisions Act, to respective defining acts by the units of the Federation include the Uniformed Police Force of the former federal Territory is effected, the debts or bonds stated in court orders of Rondônia in the Personnel Cadre of the Union. shall be considered as being of a small amount, with due regard for paragraph 4 of article 100 of the Federal The Directing Boards of the Chamber of Deputies and Constitution, if their amount is equal to or lesser than: of the Federal Senate, under the terms of paragraph I – forty minimum monthly wages, in the case of debts 3 of article 60 of the Federal Constitution, promulgate owed by the Tax Authorities of the States and of the the following Amendment to the constitutional text: Federal District;

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Article 1. The Temporary Constitutional Provisions Act Article 1. The Federal Constitution shall henceforth shall henceforth include the following article 89: include the following article 149-A: “Article 89. The members of the uniformed police force “Article 149-A. The Municipalities and the Federal of the former federal Territory of Rondônia, who, in District may establish a contribution, under the terms accordance with official documents, were regularly of their respective laws, to finance the public lighting exercising their functions and rendering services to service, with due regard for the provisions of article such former Territory at the time it was transformed 150, items I and III. into a State, as well as the uniformed police officers Sole paragraph. The contribution mentioned in the who were appointed by virtue of a federal law and are head paragraph of this article may be charged to the paid by the Union, shall be included in a special job consumer’s electricity bill.” class to be eventually terminated within the federal Article 2. This Constitutional Amendment shall come government services, being ensured of their specific into force on the date of its publication. rights and advantages, whereas the payment, under any circumstances, of remuneration differences, as Brasília, December 19, 2002. well as reimbursement or compensation of any nature, THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: prior to the promulgation of this Amendment, shall Efraim Morais, President – Barbosa Neto, Second Vice- be forbidden. -President – Severino Cavalcanti, First Secretary – Nil- Sole paragraph. The members of the uniformed police ton Capixaba, Second Secretary – Paulo Rocha, Third force shall go on rendering services to the State of Secretary – Ciro Nogueira, Fourth Secretary. Rondônia in the quality of detailed personnel, subject to the legal and regulatory provisions which govern THE DIRECTING BOARD OF THE FEDERAL SENATE: Ramez the corps of their respective uniformed police force, Tebet, President – Edison Lobão, First Vice-President with due regard for compatibility between the duties – Antonio Carlos Valadares, Second Vice-President – of their function and their rank in the hierarchy.” Carlos Wilson, First Secretary – Mozarildo Cavalcanti, Fourth Secretary. Article 2. This Constitutional Amendment shall come into force on the date of its publication. Published in the Official Journal, December 20, 2002.

Brasília, June 12, 2002. CONSTITUTIONAL AMENDMENT No. 40, 2003 THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Alters item V of article 163 and article 192 of the Federal Aécio Neves, President – Barbosa Neto, Second Vice- Constitution, and the head paragraph of article 52 of the -President – Nilton Capixaba, Second Secretary – Paulo Temporary Constitutional Provisions Act. Rocha, Third Secretary – Ciro Nogueira, Fourth Secretary. The Directing Boards of the Chamber of Deputies and THE DIRECTING BOARD OF THE FEDERAL SENATE: Ramez of the Federal Senate, under the terms of paragraph Tebet, President – Edison Lobão, First Vice-President – 3 of article 60 of the Federal Constitution, promulgate Carlos Wilson, First Secretary – Antero Paes de Barros, the following Amendment to the constitutional text: Second Secretary – Ronaldo Cunha Lima, Third Secretary Article 1. Item V of article 163 of the Federal Constitution – Mozarildo Cavalcanti, Fourth Secretary. shall henceforth read as follows: Published in the Official Journal, June 13, 2002. “Article 163. […] V – financial supervision of governmental entities and entities owned by the Federal Government; CONSTITUTIONAL AMENDMENT No. 39, 2002 […]” Adds article 149-A to the Federal Constitution (creates a Article 2. Article 192 of the Federal Constitution shall contribution to finance public lighting services in the Municipalities henceforth read as follows: and in the Federal District). “Article 192. The national financial system, structured The Directing Boards of the Chamber of Deputies and to promote the balanced development of the coun- of the Federal Senate, under the terms of paragraph try and to serve the collective interests, in all of the 3 of article 60 of the Federal Constitution, promulgate component elements of the system, including credit the following Amendment to the constitutional text: cooperatives, shall be regulated by supplementary

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laws which shall also provide for the participation of of article 60, of the Federal Constitution, promulgate foreign capital in the institutions that make up the the following Amendment to the constitutional text: said system. Article 1. The Federal Constitution shall henceforth I – (revoked); read as follows: II – (revoked); “Article 37. […] III – (revoked); XI – the remuneration and the compensation of the a) (revoked); holders of public offices, functions, and positions in b) (revoked); governmental entities, associate government agencies, IV – (revoked); and foundations; of the members of any of the Powers V – (revoked); of the Union, of the States, the Federal District, and VI – (revoked); the Municipalities; of the holders of elective offices, VII – (revoked); and of any other political agent, as well as the pay, VIII – (revoked). pension, or other type of remuneration, earned on Paragraph 1. (Revoked). a cumulative basis or not, including advantages of a Paragraph 2. (Revoked). personal nature or of any other nature, may not be Paragraph 3. (Revoked).” higher than the monthly compensation, in legal tender, Article 3. The head paragraph of article 52 of the Tem- of the Justices of the Federal Supreme Court, and the porary Constitutional Provisions Act shall henceforth following limits shall be applied: in Municipalities, the read as follows: compensation of the Mayor; in the States and in the “Article 52. Until such time as the conditions referred Federal District, the monthly compensation of the to in article 192 are established, the following are Governor in the sphere of the Executive Branch, the forbidden: compensation of State and Federal District Deputies […]” in the sphere of the Legislative Branch, and the compensation of the Judges of the State Court of Justice, Article 4. This Constitutional Amendment shall come limited to ninety and twenty-five hundredths percent into force on the date of its publication. of the monthly compensation, in legal tender, of the Brasília, May 29, 2003. Justices of the Federal Supreme Court in the sphere of the Judicial Branch, this limit being applicable to the THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: members of the Office of the Public Interest Attorney, João Paulo Cunha, President – Inocêncio de Oliveira, to Prosecutors, and to Public Legal Defenders; First Vice-President – Luiz Piauhylino, Second Vice-Pre- […]” sident – Geddel Vieira Lima, First Secretary – Severino “Article 40. Employees holding effective posts in the Cavalcanti, Second Secretary – Nilton Capixaba, Third Union, the States, the Federal District, and the Munici- Secretary – Ciro Nogueira, Fourth Secretary. palities, therein included their associate government THE DIRECTING BOARD OF THE FEDERAL SENATE: José agencies and foundations, are ensured of a social Sarney, President – Paulo Paim, First Vice-President security scheme on a contributory and solidary basis, – Eduardo Siqueira Campos, Second Vice-President – with contributions from the respective public entity, Romeu Tuma, First Secretary – Alberto Silva, Second from the current employees, retired personnel, and Secretary – Heráclito Fortes, Third Secretary – Sérgio pensioners, with due regard for criteria that preserve Zambiasi, Fourth Secretary. financial and actuarial balance and for the provisions of this article. Published in the Official Journal, May 30, 2003. Paragraph 1. The employees covered by the social CONSTITUTIONAL AMENDMENT No. 41, 2003 security scheme set forth in this article shall go into retirement, their pensions being calculated according Alters articles 37, 40, 42, 48, 96, 149, and 201 of the Federal to the amounts stipulated under the terms of para- Constitution, revokes item IX of paragraph 3 of article 142 of the graphs 3 and 17: Federal Constitution and provisions of Constitutional Amendment I – for permanent disability, with a pension in proportion No. 20, of December 15, 1998, and makes further provisions. to the period of contribution, except when such disa- The Directing Boards of the Chamber of Deputies and bility results from a work-related injury, a professional of the Federal Senate, under the terms of paragraph 3

161 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition disease, or a serious, contagious, or incurable illness, Paragraph 19. Employees referred to in this article under the terms of the law; who have fulfilled the requirements for voluntary re- […] tirement stipulated in paragraph 1, item III, subitem a, Paragraph 3. The calculation of the retirement pen- and who choose to remain working shall be entitled to sion, at the time retirement is granted, shall take a continuous activity bonus equivalent to the amount into account the remunerations used as basis for the of their social security contribution until such date as contributions of the employee to the social security they fulfill the requirements for compulsory retirement schemes mentioned in this article and in article 201, set forth in paragraph 1, item II. under the terms of the law. Paragraph 20. The establishment of more than one […] special social security scheme for employees holding Paragraph 7. The law shall provide for the granting of effective posts, and of more than one unit to manage the benefit of a death pension, which will be equal to: the respective scheme in each State is forbidden, except I – the total amount of the retirement pension of the for the provision of article 142, paragraph 3, item X.” deceased employee, up to the maximum limit esta- “Article 42. […] blished for the benefits of the general social security Paragraph 2. The provisions that may be established scheme referred to in article 201, increased by seventy by a specific act of the respective State shall apply percent of the amount in excess of this limit, if the em- to the pensioners of the military of the States, of the ployee had already retired on the date of his death; or Federal District, and of the Territories.” II – the total amount of the remuneration of the emplo- “Article 48. […] yee in the effective post he was holding on the date of XV – stipulation of the compensation for the Justices his death, up to the maximum limit established for the of the Federal Supreme Court, with due regard for benefits of the general social security scheme referred articles 39, paragraph 4; 150, item II; 153, item III; and to in article 201, increased by seventy percent of the 153, paragraph 2, item I.” amount in excess of this limit, if the employee was in “Article 96. […] active service on the date of his death. II – […] Paragraph 8. Readjustment of the benefits is ensured, b) creation and abolishment of offices and the to the end that their real value is permanently main- remuneration of the auxiliary services and of tained, in accordance with criteria established by law. the courts connected with them, as well as the […] establishment of the compensation for their Paragraph 15. The complementary social security scheme members and for the judges, including those of referred to in paragraph 14 shall be instituted by an the lower courts, if existing; act of the respective Executive Power, with due regard […]” for the provisions of article 202 and its paragraphs, “Article 149. […] insofar as pertinent, through closed private pension Paragraph 1. The States, the Federal District, and the plan companies, of a public nature, which will offer to Municipalities shall institute a contribution payable their respective participants benefit plans exclusively by their employees to fund the social security sche- in the defined contribution mode. me referred to in article 40, for the benefit of such […] employees, and the respective rate may not be lower Paragraph 17. All remuneration amounts taken into than the rate of the contribution paid by employees account in the calculation of the benefit set forth in holding effective posts in the Union. paragraph 3 shall be duly updated, under the terms […]” of the law. “Article 201. […] Paragraph 18. A contribution shall be levied on reti- Paragraph 12. The law shall provide for a special system rement pensions and other pensions granted by the to include low-income workers in the social security scheme referred to in this article if such pensions exceed system, so that they have guaranteed access to benefits the maximum limit established for the benefits of the at an amount equal to a monthly minimum salary, except general social security scheme mentioned in article for retirement benefits due to contribution period.” 201, at a percentage equal to the one established for Article 2. With due regard for the provision of article employees holding effective posts. 4 of Constitutional Amendment No. 20, December 15, 1998, the right to opt for voluntary retirement with

162 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition pay calculated according to article 40, paragraphs 3 agencies and foundations, and who, until the date of and 17, of the Federal Constitution, is ensured to em- publication of said Amendment, has properly taken an ployees who have properly taken effective posts in effective teaching post and opts to retire under the terms government services, associate government agencies, of the head paragraph, provided that such retirement and foundations, before the date of publication of said is based exclusively on the period of effective exercise Amendment, when such employees meet the following of a teaching function, with due regard for paragraph 1. cumulative conditions: Paragraph 5. The employee referred to in this article, I – fifty-three years of age, if a man, and forty-eight, who has met the requirements for voluntary retirement if a woman; as set forth in the head paragraph and chooses to re- II – five years of effective exercise in the post from main in active service, shall be entitled to a continuous which retirement takes place; activity bonus equivalent to the amount of his social III – a period of contribution equal to at least the sum of: security contribution until such date as he meets the a) thirty-five years, if a man, and thirty years, if a requirements for compulsory retirement as set forth in woman; and article 40, paragraph 1, item II, of the Federal Constitution. b) an additional period of contribution equivalent Paragraph 6. The provisions of article 40, paragraph 8, to twenty percent of the period which, at the date of the Federal Constitution, shall apply to retirement of publication of said Amendment, would still be pensions granted under the terms of this article. necessary to reach the limit set forth in subitem Article 3. The granting of retirement pensions to public a of this item. employees, as well as pensions to their dependents, is Paragraph 1. The employees mentioned in this article ensured, at any time, if, by the date of publication of this who meet the requirements for retirement under the Amendment, they have complied with the requirements terms of the head paragraph shall have their retirement to be entitled to such benefits, in accordance with the pay reduced for each year their retirement is brought criteria of the legislation in effect at that time. forward as regards the age limits established by article Paragraph 1. The employee referred to in this article, 40, paragraph 1, item III, subitem a, and paragraph 5, who chooses to remain in active service after having of the Federal Constitution, according to the following met the requirements for voluntary retirement, and proportion: who has, at least, twenty-five years of contribution, if I – three and five tenths per cent, for employees who a woman, or thirty years of contribution, if a man, shall meet the requirements for retirement under the terms be entitled to a continuous activity bonus equivalent of the head paragraph by December 31, 2005; to the amount of her or his social security contribution II – five per cent, for employees who meet the requi- until such date as she or he meets the requirements rements for retirement under the terms of the head for compulsory retirement as set forth in article 40, paragraph as from January 1, 2006. paragraph 1, item II, of the Federal Constitution. Paragraph 2. The provisions of this article are applicable Paragraph 2. The retirement pay to be granted to the to judges and to members of the Office of the Public public employees referred to in the head paragraph, Interest Attorney and of audit courts. either in full or in proportion to the period of contribution Paragraph 3. When the provisions of paragraph 2 of this completed by the date of publication of this Amendment, article are applied, the period of service performed as well as the pensions for their dependents, shall be until the publication of Constitutional Amendment calculated in accordance with the legislation in effect No. 20, December 15, 1998, shall be increased by the at the time the requirements therein contained for the addition of seventeen percent for a judge or a member granting of such benefits were met, or with the terms of the Office of the Public Interest Attorney and of audit of the current legislation. courts, if a man. Paragraph 4. The period of service performed until Article 4. Retired employees and pensioners of the the publication of Constitutional Amendment No. 20, Union, the States, the Federal District, and the Munici- December 15, 1998, shall be increased by the addition palities, including their associate government agencies of seventeen percent, for a male teacher, and twenty and foundations, who are regularly receiving benefits percent, for a female teacher, who is an employee of on the date of publication of this Amendment, as well the Union, the States, the Federal District, and the as public employees covered by the provisions of its Municipalities, including their associate government article 3, shall contribute to the funding of the scheme

163 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition referred to in article 40 of the Federal Constitution at Article 6-A. Any employee of the Union, the States, the the same percentage stipulated for employees holding Federal District, and the Municipalities, therein included effective posts. their associate government agencies and foundations, Sole paragraph. The social security contribution referred who has entered public administration before the date to in the head paragraph shall be levied only on the of publication of this Constitutional Amendment, and portion of the retirement pensions and other pensions who has retired or may eventually retire on account which exceeds: of permanent disability, under item I of paragraph 1 I – fifty per cent of the maximum limit stipulated for the of article 40 of the Federal Constitution, is entitled to benefits of the general social security scheme referred receive a retirement pension calculated in accordance to in article 201 of the Federal Constitution, for retired with the remuneration of the effective post from whi- employees and pensioners of the States, the Federal ch such employee retires, under the terms of the law, District, and the Municipalities; whereas the provisions of paragraphs 3, 8, and 17 of II – sixty per cent of the maximum limit for the bene- article 40 of the Federal Constitution shall not apply. fits of the general social security scheme referred to (CA No. 70, 2012) in article 201 of the Federal Constitution, for retired Sole paragraph. The provision of article 7 of this Cons- employees and pensioners of the Union. titutional Amendment shall apply to the amount of a retirement pension granted in accordance with the Article 5. The maximum limit for the amount of bene- head paragraph of this article, and the same revision fits of the general social security scheme referred to criterion shall be applied to pensions deriving from in article 201 of the Federal Constitution is defined as retirement pensions paid to such employees. R$ 2,400.00 (two thousand and four hundred reais), and it shall be adjusted, as from the date of publication Article 7. With due regard for the provision of article of this Amendment, to the end that its real value is 37, item XI, of the Federal Constitution, retirement permanently maintained and updated according to the pensions of government employees who hold effecti- same indices applicable to the benefits of the general ve posts and the pensions for their dependents, paid social security scheme. by the Union, the States, the Federal District, and the Municipalities, including their associate government Article 6. Without prejudice to the right to opt for retire- agencies and foundations, and being received on the ment in accordance with the rules established by article date of publication of this Amendment, as well as 40 of the Federal Constitution or the rules established by the retirement pensions of employees and the pen- article 2 of this Amendment, an employee of the Union, sions for their dependents covered by article 3 of this the States, the Federal District, and the Municipalities, Amendment, shall be revised in the same proportion including their associate government agencies and and on the same date, whenever the remuneration of foundations, who has entered public administration employees in active service is altered, and any benefits before the date of publication of this Amendment may or advantages subsequently granted to employees in go into retirement with full pay, equivalent to the total active service shall also be extended to retirees and to remuneration of such employee in the effective post pensioners, including those benefits and advantages from which he retires, under the terms of the law, when, arising from the transformation or reclassification of with due regard for the reductions on account of age the post or function from which retirement was taken, and contribution period contained in paragraph 5 of or which was taken as a parameter for the granting of article 40 of the Federal Constitution, such employee a pension, as the law provides. meets the following cumulative conditions: I – sixty years of age, if a man, and fifty-five years of Article 8. Until such time as the amount of the compen- age, if a woman; sation referred to in article 37, item XI, of the Federal II – thirty-five years of contribution, if a man, and thirty Constitution is stipulated, the amount of the highest years of contribution, if a woman; remuneration assigned by law to a Justice of the Federal III – twenty years of effective exercise in public admi- Supreme Court on the date of publication of this Amend- nistration; and ment, on account of pay, monthly representation allo- IV – ten years in the career and five years in the effec- wance, and sum received by virtue of period of service, tive post from which retirement is going to take place. shall be taken into consideration for the purposes of Sole paragraph. (Revoked). (CA No. 47, 2005) the limit stipulated in the said item XI, and the following

164 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition limits shall be applied: in Municipalities, the compen- CONSTITUTIONAL AMENDMENT No. 42, 2003 sation of the Mayor; in the States and in the Federal Alters the National Tax System and makes further provisions. District, the monthly compensation of the Governor in The Directing Boards of the Chamber of Deputies and the sphere of the Executive Branch, the compensation of the Federal Senate, under the terms of paragraph 3 of State and Federal District Deputies in the sphere of of article 60, of the Federal Constitution, promulgate the Legislative Branch, and the compensation of the the following Amendment to the constitutional text: Judges of the State Court of Justice, limited to ninety and twenty-five hundredths percent of the highest Article 1. The following articles of the Constitution shall monthly remuneration of a Justice of the Federal Su- henceforth read as follows: preme Court referred to in this article in the sphere of “Article 37. […] the Judicial Branch, this limit being applicable to the XXII – the tax administrations of the Union, of the Sta- members of the Office of the Public Interest Attorney, tes, the Federal District, and the Municipalities, whose to Prosecutors, and to Public Legal Defenders. activities are essential for the operation of the State and are exercised by employees of specific careers, Article 9. The provisions of article 17 of the Temporary shall have priority funds for the implementation of Constitutional Provisions Act shall apply to the pay, the their activities and shall work in an integrated manner, remunerations, and the compensation of the holders including the sharing of tax rolls and fiscal information, of public offices, functions and positions in govern- under the terms of the law or of a covenant. mental entities, associate government agencies, and […]” foundations; of the members of any of the Powers of “Article 52. […] the Union, of the States, the Federal District, and the XV – to carry out a regular assessment of the func- Municipalities; of the holders of elective offices, and tionality of the National Tax System, as regards its of any other political agent, as well as the retirement structure and components, as well as the performance pay, pensions, or other type of remuneration, earned of the tax administrations of the Union, of the States, on a cumulative basis or not, including advantages of the Federal District, and the Municipalities. a personal nature or of any other nature. […]” Article 10. Item IX of paragraph 3 of article 142 of the “Article 146. […] Federal Constitution, as well as articles 8 and 10 of III – […] Constitutional Amendment No. 20, December 15, 1998, d) the definition of a differentiated and favorable are hereby revoked. tax treatment to be given to micro and small businesses, including special or simplified tax Article 11. This Amendment shall come into force on regimes in the case of the tax set forth in article the date of its publication. 155, item II, the contributions set forth in article Brasília, December 19, 2003. 195, item I, and paragraphs 12 and 13, and the contribution referred to in article 239. THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Sole paragraph. The supplementary law referred to in Deputy João Paulo Cunha, President – Deputy Inocêncio item III, subitem d, may also establish a single regime Oliveira, First Vice-President – Deputy Luiz Pianhylino, for the collection of taxes and contributions owed to Second Vice-President – Deputy Geddel Vieira Lima, the Union, the States, the Federal District, and the First Secretary – Deputy Severino Cavalcanti, Second Municipalities, with due regard for the following: Secretary – Deputy Nilton Capixaba, Third Secretary – I – it shall be optional for the taxpayer; Deputy Ciro Nogueira, Fourth Secretary. II – different eligibility requirements may be establi- THE DIRECTING BOARD OF THE FEDERAL SENATE: Sena- shed for each State; tor José Sarney, President – Senator Paulo Paim, First III – payment of said tributes shall be unified and Vice-President – Senator Eduardo Siqueira Campos, centralized, and the distribution of the share of funds Second Vice-President – Senator Romeu Tuma, First belonging to the respective units of the Federation Secretary – Senator Alberto Silva, Second Secretary shall be immediate, any withholding or establishment – Senator Heráclito Fortes, Third Secretary – Senator of conditions being forbidden; Sérgio Zambiasi, Fourth Secretary.

Published in the Official Journal, December 31, 2003.

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IV – collection, control, and claiming of payment may be a) on transactions involving goods to be shipped shared by the units of the Federation, a single national abroad, nor on services to be delivered to parties roster of taxpayers being adopted.” abroad, and tax charges and credits in preceding “Article 146-A. A supplementary law may establish transactions involving such goods or services special criteria for taxation, with a view to preventing shall continue in effect; imbalances in competition, without prejudice to the […] power of the Federal Government to establish, by law, d) on communications services in the modes of sound rules for the same purpose.” broadcasting and sound and image broadcasting “Article 149. […] which are available for reception by the public Paragraph 2. […] free of charge; II – shall be also levied on the importation of foreign […] products or services; Paragraph 6. The tax established in item III: […]” I – shall have its minimum rates stipulated by the “Article 150. […] Federal Senate; III – […] II – may have different rates according to type and c) within the period of ninety days as from the utilization.” date of publication of the law which instituted “Article 158. […] or raised such tributes, with due regard for the II – fifty per cent of the proceeds from the collection provision of subitem b; of the federal tax on rural property, concerning real […] property located in the Municipalities, or one hundred Paragraph 1. The prohibition set forth in item III, su- per cent of such proceeds in the case of the option bitem b, shall not apply to the taxes provided upon in referred to in article 153, paragraph 4, item III; articles 148, item I, 153, items I, II, IV, and V; and 154, II; […]” and the prohibition set forth in item III, subitem c, shall “Article 159. […] not apply to the taxes provided upon in articles 148, III – of the proceeds from the collection of the contri- item I, 153, items I, II, III, and V; and 154, item II, nor to bution for intervention in the economic domain set the stipulation of the assessment basis of the taxes forth in article 177, paragraph 4, twenty-five per cent provided upon in articles 155, item III, and 156, item I. to the States and to the Federal District, distributed […]” in accordance with the law, with due regard for the “Article 153. […] allocation referred to in item II, subitem c, of said Paragraph 3. […] paragraph. IV – shall have its impact reduced, as set forth by law, […] in the case of purchase of capital goods by a taxpayer Paragraph 4. Twenty-five per cent of the amount of who is liable to pay such tax. monies referred to in item III and allocated to each State Paragraph 4. The tax established in item VI of the shall be assigned to its Municipalities, in accordance head paragraph: with the law referred to in said item.” I – shall be progressive and its rates shall be determi- “Article 167. […] ned in such a manner as to discourage the retention IV – to bind tax revenues to an agency, fund or expen- of unproductive real property; se, excepting the sharing of the proceeds from the II – shall not be levied on small tracts of land, as defi- collection of the taxes referred to in articles 158 and ned in law, when a proprietor who owns no other real 159, the allocation of funds for public health actions property exploits them; and services, for the maintenance and development III – shall be controlled and collected by the Municipa- of education, and for the implementation of tax ad- lities which opt to do so, under the terms of the law, ministration activities, as determined, respectively, provided that they do not reduce this tax or introduce in article 198, paragraph 2, article 212, and article 37, any other type of fiscal waiver. item XXII, and the granting of guarantees on credit […]” transactions by advance of revenues, as established “Article 155. […] in article 165, paragraph 8, as well as in paragraph 4 Paragraph 2. […] of the present article; X – […] […]”

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“Article 170. […] Paragraph 1. The provision of the head paragraph of VI – environment protection, which may include differen- this article shall not reduce the assessment basis of tiated treatment in accordance with the environmental the transfers to the States, the Federal District, and the impact of goods and services and of their respective Municipalities under the terms of articles 153, paragraph production and delivery processes; 5; 157, item I; 158, items I and II; and 159, item I, subi- […]” tems a and b; and item II, of the Constitution, neither “Article 195. […] the assessment basis of the remittances mentioned IV – of importers of goods or services from other in article 159, item I, subitem c, of the Constitution. countries, or of other parties defined by law as being […]” comparable to such importers. “Article 82. […] […] Paragraph 1. With a view to financing the State Funds Paragraph 12. The law shall define the sectors of eco- and the Federal District Fund, an additional tax of up nomic activity for which the contributions stipulated to two percent may be created, to raise the rate of the under the terms of items I, subitem b, and IV of the State VAT [ICMS], due on luxury goods and services and head paragraph, shall be non-cumulative. observing the conditions defined in the supplementary Paragraph 13. The provision of paragraph 12 shall also law referred to in article 155, paragraph 2, item XII, apply in the case of gradual replacement, either total of the Constitution, and the provision of article 158, ou partial, of the contribution stipulated under the item IV, of the Constitution shall not be applicable to terms of item I, subitem a, by the contribution due on such percentage. income or revenues.” […]” “Article 204. […] “Article 83. A federal law shall define the luxury goods Sole paragraph. The States and the Federal District and services referred to in articles 80, item II, and 82, may assign up to five tenths per cent of their net tax paragraph 2.” revenues to programs to support social inclusion and Article 3. The Temporary Constitutional Provisions Act promotion, the utilization of such funds for the payment shall henceforth include the following articles: of the following items being forbidden: “Article 90. The time limit set forth in the head para- I – personnel expenses and social charges; graph of article 84 of this Temporary Constitutional II – debt servicing; Provisions Act is hereby extended through December III – any other current expense not directly related to the 31, 2007. investments or actions supported by said programs.” Paragraph 1. The effect of Law No. 9,311, of October 24, “Article 216. […] 1996, as well as of its alterations, is hereby extended Paragraph 6. The States and the Federal District may through the date mentioned in the head paragraph assign up to five tenths per cent of their net tax reve- of this article. nues to a State fund for the promotion of culture, for Paragraph 2. The rate of the contribution referred to in the purpose of funding cultural programs and projects, article 84 of this Temporary Constitutional Provisions the utilization of such funds for the payment of the Act shall be equal to thirty-eight hundredths per cent following items being forbidden: through the date referred to in the head paragraph of I – personnel expenses and social charges; this article.” II – debt servicing; “Article 91. The Union shall remit to the States and to the III – any other current expense not directly related to the Federal District the amount defined by a supplementary investments or actions supported by said programs.” law, in accordance with the criteria, time limits, and Article 2. The following articles of the Temporary Consti- terms therein determined, taking into consideration tutional Provisions Act shall henceforth read as follows: exports of primary commodities and semi-manufac- “Article 76. Twenty percent of the proceeds from the tured products to other countries, the import-export collection by the Union of taxes, social contributions, ratio, credits deriving from purchases intended for the and contributions for intervention in the economic permanent assets, and the effective maintenance and domain, already instituted or to be instituted in the utilization of the tax credits referred to in article 155, period of 2003 to 2007, as well as their additional taxes paragraph 2, item X, subitem a. and respective legal increases, shall not be earmarked Paragraph 1. As to the amount of funds to be remitted to any agency, fund, or expense in the said period. to each State, seventy-five percent of such amount

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shall be assigned to the State itself, and twenty-five shall forward to the National Congress a bill of law, percent to its Municipalities, such percentage being under expedited procedures, to regulate tax benefits distributed in accordance with the criteria referred for capacity-building in the information technology to in article 158, sole paragraph, of the Constitution. industry, and such benefits shall be in force through Paragraph 2. The remittance of funds set forth in this 2019 under the conditions in effect upon approval of article shall prevail, as defined in a supplementary law, this Amendment. until such time as the proceeds from the collection of Article 6. Item II of paragraph 3 of article 84 of the Tem- the tax referred to in article 155, item II, are predomi- porary Constitutional Provisions Act is hereby revoked. nantly assigned, in a proportion not below eighty per cent, to the State where consumption of the products, Brasília, December 19, 2003. goods, or services takes place. THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Paragraph 3. Until such time as the supplementary law Deputy João Paulo Cunha, President – Deputy Inocêncio referred to in the head paragraph is enacted, and so Oliveira, First Vice-President – Deputy Luiz Piauhylino, as to replace the system of remittance of funds set Second Vice-President – Deputy Geddel Vieira Lima, forth therein, there shall remain in force the system of First Secretary – Deputy Severino Cavalcanti, Second remittance of funds set forth in article 31 and Schedule Secretary – Deputy Nilton Capixaba, Third Secretary – of Supplementary Law No. 87, of September 13, 1996, Deputy Ciro Nogueira, Fourth Secretary. with the wording provided by Supplementary Law No. 115, of December 26, 2002. THE DIRECTING BOARD OF THE FEDERAL SENATE: Sena- Paragraph 4. The States and the Federal District shall tor José Sarney, President – Senator Paulo Paim, First present to the Federal Government, under the terms of Vice-President – Senator Eduardo Siqueira Campos, instructions issued by the Finance Ministry, information Second Vice-President – Senator Romeu Tuma, First regarding the tax referred to in article 155, item II, Secretary – Senator Alberto Silva, Second Secretary supplied by the taxpayers who carry out transactions – Senator Heráclito Fortes, Third Secretary – Senator involving goods to be shipped abroad or services to Sérgio Zambiasi, Fourth Secretary. be delivered to foreign parties.” Published in the Official Journal, December 31, 2003. “Article 92. A period of ten years shall be added to the period of time set forth in article 40 of this Temporary CONSTITUTIONAL AMENDMENT No. 43, 2004 Constitutional Provisions Act.” Alters article 42 of the Temporary Constitutional Provisions “Article 93. The provisions of article 159, item III, and Act, extending, for 10 (ten) years, application by the Union of paragraph 4 shall only come into force after the pro- minimum percentages of the total amount of funds intended for mulgation of the law referred to in said item III.” irrigation in the Center-West and Northeast Regions. “Article 94. The special tax regimes for micro and small businesses which are specific of the Union, the States, The Directing Boards of the Chamber of Deputies and the Federal District, and the Municipalities shall be of the Federal Senate, under the terms of paragraph 3 discontinued as from the date the regime set forth of article 60, of the Federal Constitution, promulgate in article 146, item III, subitem d, of the Constitution the following Amendment to the constitutional text: comes into force.” Article 1. The head paragraph of article 42 of the Tem- Article 4. Any additional amounts introduced by the porary Constitutional Provisions Act shall henceforth States and the Federal District up to the date of pro- be in force with the following wording: mulgation of this Amendment which do not comply “Article 42. Of the funds intended for irrigation, during a with the provisions of this Constitutional Amendment, period of 25 (twenty-five) years, the Union shall apply: of Constitutional Amendment No. 31, of December 14, […]” 2000, or of the supplementary law referred to in article Article 2. This Constitutional Amendment shall come 155, paragraph 2, item XII, of the Constitution, shall be into force on the date of its publication. in force, at the most, through the time limit set forth in article 79 of the Temporary Constitutional Provisions Act. Brasília, April 15, 2004.

Article 5. Within sixty days as from the date of pro- THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: mulgation of this Amendment, the Executive Branch Deputy João Paulo Cunha, President – Deputy Inocêncio

168 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition

Oliveira, First Vice-President – Deputy Luiz Piauhylino, – Senator Heráclito Fortes, Third Secretary – Senator Second Vice-President – Deputy Geddel Vieira Lima, First Sérgio Zambiasi, Fourth Secretary. Secretary – Deputy Nilton Capixaba, Third Secretary – Published in the Official Journal, July 1, 2004. Deputy Ciro Nogueira, Fourth Secretary.

THE DIRECTING BOARD OF THE FEDERAL SENATE: Sena- CONSTITUTIONAL AMENDMENT No. 45, 2004 tor José Sarney, President – Senator Paulo Paim, First Alters provisions of articles 5, 36, 52, 92, 93, 95, 98, 99, 102, 103, Vice-President – Senator Eduardo Siqueira Campos, 104, 105, 107, 109, 111, 112, 114, 115, 125, 126, 127, 128, 129, Second Vice-President – Senator Romeu Tuma, First 134, and 168 of the Federal Constitution, and adds articles Secretary – Senator Alberto Silva, Second Secretary 103-A, 103-B, 111-A, and 130-A, and makes further provisions. – Senator Heráclito Fortes, Third Secretary – Senator The Directing Boards of the Chamber of Deputies and Sérgio Zambiasi, Fourth Secretary. of the Federal Senate, under the terms of paragraph 3 Published in the Official Journal, April 16, 2004. of article 60, of the Federal Constitution, promulgate the following Amendment to the constitutional text: CONSTITUTIONAL AMENDMENT No. 44, 2004 Article 1. Articles 5, 36, 52, 92, 93, 95, 98, 99, 102, 103, Alters the National Tax System and makes further provisions. 104, 105, 107, 109, 111, 112, 114, 115, 125, 126, 127, The Directing Boards of the Chamber of Deputies and 128, 129, 134, and 168 of the Federal Constitution shall of the Federal Senate, under the terms of paragraph henceforth read as follows: 3 of article 60 of the Federal Constitution, promulgate “Article 5. […] the following Amendment to the constitutional text: LXXVIII – a reasonable length of proceedings and the means to guarantee their expeditious consideration Article 1. Item III of article 159 of the Constitution shall are ensured to everyone, both in the judicial and ad- henceforth be in force with the following wording: ministrative spheres. “Article 159. […] […] III – of the proceeds from the collection of the contri- Paragraph 3. International human rights treaties and bution for intervention in the economic domain set conventions which are approved in each House of the forth in article 177, paragraph 4, twenty-nine per cent National Congress, in two rounds of voting, by three to the States and to the Federal District, distributed fifths of the votes of the respective members shall be in accordance with the law, with due regard for the equivalent to constitutional amendments. allocation referred to in item II, subitem c, of said Paragraph 4. Brazil accepts the jurisdiction of an In- paragraph. ternational Criminal Court to whose creation it has […]” expressed its adhesion.” Article 2. This Constitutional Amendment shall come “Article 36. […] into force on the date of its publication. III – on the granting of a petition from the Attorney-Ge- neral of the Republic by the Federal Supreme Court, Brasília, June 30, 2004. in the case of article 34, item VII, and in the case of THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: refusal to enforce a federal law. Deputy João Paulo Cunha, President – Deputy Inocêncio IV – (revoked). Oliveira, First Vice-President – Deputy Luiz Piauhylino, […]” Second Vice-President – Deputy Geddel Vieira Lima, “Article 52. […] First Secretary – Deputy Severino Cavalcanti, Second II – to effect the legal proceeding and trial of the Justi- Secretary – Deputy Nilton Capixaba, Third Secretary – ces of the Federal Supreme Court, the members of the Deputy Ciro Nogueira, Fourth Secretary. National Council of Justice and of the National Council of the Public Prosecution, the Attorney-General of the THE DIRECTING BOARD OF THE FEDERAL SENATE: Sena- Republic, and the Advocate-General of the Union for tor José Sarney, President – Senator Paulo Paim, First crimes of malversation; Vice-President – Senator Eduardo Siqueira Campos, […]” Second Vice-President – Senator Romeu Tuma, First “Article 92. […] Secretary – Senator Alberto Silva, Second Secretary I-A – the National Council of Justice; […]

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Paragraph 1. The Federal Supreme Court, the National majority of the respective court or of the National Council of Justice, and the Superior Courts have their Council of Justice, full defense being ensured; seat in the Federal Capital. VIII-A – the removal upon request or the exchange Paragraph 2. The Federal Supreme Court and the Su- of judges of same-level judicial districts shall obey, perior Courts have their jurisdiction over the entire insofar as pertinent, the provisions of subitems a, b, Brazilian territory.” c, and e of item II; “Article 93. […] IX – all judgements of the bodies of the Judicial Power I – admission into the career, with the initial post of shall be public, and all decisions shall be justified, substitute judge, by means of a civil service entrance under penalty of nullity, but the law may limit atten- examination of tests and presentation of academic dance, in given acts, to the interested parties and to and professional credentials, with the participation their lawyers, or only to the latter, whenever preser- of the Brazilian Bar Association in all phases, at least vation of the right to privacy of the party interested three years of legal practice being required of holders in confidentiality will not harm the right of the public of a B.A. in law, and obeying the order of classification interest to information; for appointments; X – administrative decisions of courts shall be supported II – […] by a recital and shall be made in open session, and c) appraisal of merit according to performance disciplinary decisions shall be taken by the vote of the and to the objective criteria of productivity and absolute majority of their members; promptness in the exercise of the jurisdictional XI – in courts with more than twenty-five judges, a function and according to attendance and achie- special body may be constituted, with a minimum of vement in official or recognized improvement eleven and a maximum of twenty-five members, to courses; exercise delegated administrative and jurisdictional d) in determining seniority, the court may only reject duties which are under the powers of the full court, the judge with the longest service by the justified half of the positions being filled according to seniority vote of two-thirds of its members, according to a and the other half through election by the full court; specific procedure, full defense being ensured, XII – courts will operate continuously, without inter- the voting being repeated until the selection is ruption, collective vacation being forbidden for first concluded; instance judges and courts of second instance, and e) promotion shall not be granted to a judge who there must be judges on duty at all times on days in unjustifiably withholds case records beyond the which courts are closed; legal deadline, and he may not return them to the XIII – the number of judges in each court shall be pro- court archives without providing the necessary portional to the effective judicial demand and to the disposition thereof or decision thereon; respective population; III – access to the courts of second instance shall obey XIV – court employees will receive delegation to carry seniority and merit, alternately, as determined at the out administrative acts and acts aimed at the mere last or single level; disposition of matters, without a decisional nature; IV – provision of official courses for preparation, im- XV – proceedings will be assigned immediately upon provement, and promotion of judges, while the parti- filing, at all levels of jurisdiction.” cipation in an official course or in a course recognized “Article 95. […] by a national school for the education and further Sole paragraph. Judges are forbidden to: development of judges shall constitute a mandatory […] stage of the tenure acquisition process; IV – receive, on any account or for any reason, financial […] aid or contribution from individuals, and from public VII – a permanent judge shall reside in the respective or private institutions, save for the exceptions set judicial district, except when otherwise authorized forth in law; by the court; V – practice law in the court or tribunal on which they VIII – the acts of removal, of placement on paid availa- served as judges, for a period of three years following bility, and of retirement of a judge, for public interest, their retirement or discharge.” shall be based on a decision by the vote of the absolute “Article 98. […] Paragraph 1. (former sole paragraph) […]

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Paragraph 2. Judicial costs and fees shall be assigned only reject it through the opinion of two thirds of its exclusively to fund services related to activities which members.” are specific of Justice.” “Article 103. The following may file direct actions “Article 99. […] of unconstitutionality and declaratory actions of Paragraph 3. If the government bodies referred to in constitutionality: paragraph 2 do not forward their respective budget […] proposals within the time period stipulated in the law IV – the Directing Board of a State Legislative Assembly of budgetary directives, the Executive Power shall, or of the Federal District Legislative Chamber; with a view to engrossing the annual budget proposal, V – a State Governor or the Federal District Governor; take into account the figures approved in the current […] budgetary law, such figures adjusted in accordance Paragraph 4. (Revoked).” with the limits stipulated under the terms of paragraph “Article 104. […] 1 of this article. Sole paragraph. The Justices of the Superior Court of Paragraph 4. If the budget proposals referred to in Justice shall be appointed by the President of the Re- this article and thus forwarded do not obey the limits public, chosen from among Brazilians over thirty-five stipulated under paragraph 1, the Executive Power and under sixty-five years of age, of notable juridical shall effect the necessary adjustments with a view to learning and spotless reputation, after the nomination engrossing the annual budget proposal. has been approved by the absolute majority of the Paragraph 5. In the implementation of the budget of a Federal Senate, as follows: specific fiscal year, no expenses may be incurred and […]” no obligations may be assumed that exceed the limits “Article 105. […] stipulated in the law of budgetary directives, except I – […] when previously authorized, by opening supplementary i) the homologation of foreign court decisions and or special credits.” the granting of exequatur to letters rogatory; “Article 102. […] III – […] I – […] b) considers valid an act of a local government h) (revoked); challenged in the light of a federal law; […] […] r) lawsuits against the National Council of Justice Sole paragraph. The following shall operate in con- and against the National Council of the Public junction with the Superior Court of Justice: Prosecution; I – the National School for the Education and Further […] Development of Judges, which shall be in charge, III – […] among other duties, of regulating the official courses d) considers valid a local law challenged in the light for admission into and promotion in the career; of a federal law. II – the Council of Federal Justice, which shall, under […] the terms of the law, exercise administrative and bud- Paragraph 2. Final decisions on merits, pronounced getary supervision over the Federal Courts of first and by the Federal Supreme Court, in direct actions of second instances, in the quality of the main body of unconstitutionality and declaratory actions of cons- the system, having powers to correct administrative titutionality shall have force against all, as well as acts, and whose decisions shall have a binding nature.” a binding effect, as regards the other bodies of the “Article 107. […] Judicial Power and the governmental entities and Paragraph 1. (former sole paragraph) […] entities owned by the Federal Government, in the Paragraph 2. The Federal Regional Courts shall install federal, state, and local levels. an itinerant justice system, carrying out hearings and Paragraph 3. In an extraordinary appeal, the appealing other functions typical of the operation of justice, wi- party must demonstrate the general repercussion of thin the territorial limits of the respective jurisdiction, the constitutional issues discussed in the case, under and making use of public and community facilities. the terms of the law, so that the Court may examine Paragraph 3. The Federal Regional Courts may operate the possibility of accepting the appeal, and it may in a decentralized mode, by creating regional Divisions,

171 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition with a view to affording claimants full access to justice Paragraph 1. […] in all stages of the judicial action.” Paragraph 2. If any of the parties refuses collective “Article 109. […] negotiation or arbitration, they may file a collective V-A – cases regarding human rights referred to in labour suit of an economic nature, by mutual agreement, paragraph 5 of this article; and Labour Courts may settle the conflict, respecting […] the minimum legal provisions for the protection of la- Paragraph 5. In cases of serious human rights viola- bour, as well as any provisions previously agreed upon. tions, and with a view to ensuring compliance with Paragraph 3. In the event of a strike in an essential obligations deriving from international human rights activity which may possibly injure the public interest, treaties to which Brazil is a party, the Attorney-General the Labour Public Prosecution may file a collective of the Republic may request, before the Superior Court labour suit, and it is incumbent upon Labour Courts of Justice, and in the course of any of the stages of to settle the conflict.” the inquiry or judicial action, that jurisdiction on the “Article 115. The Regional Labour Courts are composed matter be taken to Federal Justice.” of a minimum of seven judges, selected, whenever “Article 111. […] possible, in the respective region and appointed by Paragraph 1. (Revoked). the President of the Republic from among Brazilians Paragraph 2. (Revoked). over thirty and under sixty-five years of age, as follows: Paragraph 3. (Revoked).” I – one-fifth shall be chosen from among lawyers “Article 112. The law shall establish Labour Courts of effectively practicing their professional activity for first instance, allowing, in districts not covered by their more than ten years and from among members of jurisdiction, for the attribution of such jurisdiction to the Labour Public Prosecution with over ten years of judges, appeals being admissible to the respective effective service, with due regard for the provisions Regional Labour Court.” of article 94; “Article 114. Labour Justice has the power to hear and try: II – the others, by means of promotion of labour judges I – judicial actions arising from labour relations, com- for seniority and merit, alternately. prising entities of public international law and of the Paragraph 1. The Regional Labour Courts shall install direct and indirect public administration of the Union, an itinerant justice system, carrying out hearings and the States, the Federal District, and the Municipalities; other functions typical of the operation of justice, wi- II – judicial actions involving the exercise of the right thin the territorial limits of the respective jurisdiction, to strike; and making use of public and community facilities. III – judicial actions regarding union representation, Paragraph 2. The Regional Labour Courts may operate when the opposing parties are trade unions, or trade in a decentralized mode, by creating regional Divisions, unions and workers, or trade unions and employers; with a view to affording claimants full access to justice IV – writs of mandamus, habeas corpus, and habeas in all stages of the judicial action.” data, when the action being challenged involves matter “Article 125. […] under the jurisdiction of Labour Justice; Paragraph 3. By proposal of the Court of Justice, a State V – conflicts of powers between bodies having juris- law may create the State Military Justice, constituted, at diction over labour issues, except as provided under first instance, by judges and by the Councils of Justice article 102, item I, subitem o; and, at second instance, by the Court of Justice itself, VI – judicial actions arising from labour relations which or by the Court of Military Justice in those States in seek compensation for moral or property damages; which the military troops count more than twenty VII – judicial actions regarding administrative penalties thousand members. imposed upon employers by the bodies charged with Paragraph 4. The State Military Justice has the com- supervising labour relations; petence to institute legal proceeding and trial of the VIII – ex officio enforcement of the welfare contribu- military of the States for military crimes defined in tions set forth in article 195, items I, subitem a, and law, as well as to hear and try judicial actions against II, and their legal raises, arising from the judgements military disciplinary measures, with due regard for the it pronounces; competence of the jury when the victim is a civilian, IX – other disagreements arising from labour relations, and the competent court shall decide upon the loss of under the terms of the law. post or rank of officers and of the grade of servicemen.

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Paragraph 5. The judges of the military justice system II – […] have the competence, in the quality of single-judge e) engaging in political or party activities; courts, to institute legal proceeding and trial of military f) receiving, on any account or for any reason, crimes committed against civilians and to hear and try financial aid or contribution from individuals, judicial actions against military disciplinary measures, and from public or private institutions, save for and it is incumbent upon the Council of Justice, presided the exceptions set forth in law. over by a judge, to institute legal proceeding and trial Paragraph 6. The provisions of article 95, sole para- of other military crimes. graph, item V, shall apply to the members of Public Paragraph 6. The Court of Justice may operate in a Prosecution.” decentralized mode, by creating regional Divisions, “Article 129. […] with a view to affording claimants full access to justice Paragraph 2. The functions of Public Prosecution may in all stages of the judicial action. only be exercised by career members, who must reside Paragraph 7. The Court of Justice shall install an itine- in the judicial district of their respective assignment, rant justice system, carrying out hearings and other save when otherwise authorized by the head of the functions typical of the operation of justice, within institution. the territorial limits of the respective jurisdiction, Paragraph 3. Admission into the career of Public Pro- and making use of public and community facilities.” secution shall take place by means of a civil servi- “Article 126. For the settlement of conflicts relating ce entrance examination of tests and presentation to land property, the Court of Justice shall propose of academic and professional credentials, ensuring the creation of specialized single-judge courts, with participation by the Brazilian Bar Association in such exclusive competence for agrarian matters. examination, at least three years of legal practice being […]” required of holders of a B.A. in law, and observing, for “Article 127. […] appointment, the order of classification. Paragraph 4. If the Public Prosecution does not for- Paragraph 4. The provisions of article 93 shall apply to ward its respective budget proposal within the time the Public Prosecution, where appropriate. period stipulated in the law of budgetary directives, Paragraph 5. In the Public Prosecution, proceedings the Executive Power shall, with a view to engrossing the will be assigned immediately upon filing.” annual budget proposal, take into account the figures “Article 134. […] approved in the current budgetary law, such figures Paragraph 1. (former sole paragraph) […] adjusted in accordance with the limits stipulated under Paragraph 2. The Public Legal Defense of each State the terms of paragraph 3. shall be ensured of functional and administrative Paragraph 5. If the budget proposal referred to in this autonomy, as well as the prerogative to present its article and thus forwarded does not obey the limits budget proposal within the limits set forth in the law stipulated under paragraph 3, the Executive Power of budgetary directives and in due compliance with shall effect the necessary adjustments with a view to the provisions of article 99, paragraph 2.” engrossing the annual budget proposal. “Article 168. Funds corresponding to budgetary allo- Paragraph 6. In the implementation of the budget of a cations, including supplementary and special credits, specific fiscal year, no expenses may be incurred and intended for the bodies of the Legislative and Judicial no obligations may be assumed that exceed the limits Powers, the Public Prosecution, and the Public Legal stipulated in the law of budgetary directives, except Defense, shall be remitted to them on or before the when previously authorized, by opening supplementary twentieth of each month, in twelfths, as provided or special credits.” by the supplementary law referred to in article 165, “Article 128. […] paragraph 9.” Paragraph 5. […] Article 2. The Federal Constitution shall henceforth I – […] include the following articles 103-A, 103-B, 111-A, and b) irremovability, save for reason of public interest, 130-A: through decision of the competent collegiate “Article 103-A. The Federal Supreme Court may, ex body of the Public Prosecution, by the vote of the officio or upon request, upon decision of two thirds absolute majority of its members, full defense of its members, and following reiterated judicial de- being ensured; cisions on constitutional matter, issue a summula

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(restatement of case law) which, as from publication XI – a member of a State Public Prosecution, chosen in the official press, shall have a binding effect upon by the Attorney-General of the Republic from among the lower bodies of the Judicial Power and the direct the names indicated by the competent body of each and indirect public administration, in the federal, state, state institution; and local levels, and which may also be reviewed or XII – two lawyers, nominated by the Federal Board of revoked, as set forth in law. the Brazilian Bar Association; Paragraph 1. The purpose of a summula is to valida- XIII – two citizens of notable juridical learning and te, construe, and impart effectiveness to some rules spotless reputation, one of whom nominated by the about which there is a current controversy among Chamber of Deputies and the other one by the Federal judicial bodies or among such bodies and the public Senate. administration, and such controversy brings about Paragraph 1. The Council shall be presided over by the serious juridical insecurity and the filing of multiple Justice of the Federal Supreme Court, who shall vote lawsuits involving similar issues. in the event of tied voting, and he shall be excluded Paragraph 2. Without prejudice to the provisions the from the assignment of proceedings in said Court. law may establish, the issuance, review, or revocation Paragraph 2. The members of the Council shall be of a summula may be requested by those who may file appointed by the President of the Republic, after a direct action of unconstitutionality. their nomination has been approved by the absolute Paragraph 3. An administrative act or judicial decision majority of the Federal Senate. which contradicts the applicable summula or which Paragraph 3. If the nominations set forth in this article unduly applies a summula may be appealed to the are not effected within the legal deadline, selection Federal Supreme Court, and if the appeal is granted, shall be incumbent upon the Federal Supreme Court. such Court shall declare the administrative act null Paragraph 4. It is incumbent upon the Council to con- and void or overrule the appealed judicial decision, trol the administrative and financial operation of the ordering that a new judicial decision be issued, with Judicial Branch and the proper discharge of official or without applying the summula, as the case may be.” duties by judges, and it shall, in addition to other duties “Article 103-B. The National Council of Justice is com- that the Statute of the Judicature may confer upon it: posed of fifteen members over thirty-five and under I – ensure that the Judicial Branch is autonomous and sixty-six years of age, appointed for a two-year term of that the Statute of the Judicature is complied with, and office, one reappointment being permitted, as follows: it may issue regulatory acts within its jurisdiction, or I – a Justice of the Federal Supreme Court, nominated recommend measures; by said Court; II – ensure that article 37 is complied with, and examine, II – a Justice of the Superior Court of Justice, nominated ex officio or upon request, the legality of administrative by said Court; acts carried out by members or bodies of the Judicial III – a Justice of the Superior Labour Court, nominated Branch, and it may revoke or review them, or stipulate by said Court; a deadline for the adoption of the necessary measures IV – a judge of a State Court of Justice, nominated by to achieve due execution of the law, without prejudice the Federal Supreme Court; to the powers of the Federal Audit Court; V – a state judge, nominated by the Federal Supreme III – receive and examine complaints against members Court; or bodies of the Judicial Branch, including against its VI – a judge of a Federal Regional Court, nominated by ancillary services, clerical offices, and bodies in charge the Superior Court of Justice; of notary and registration services which operate by VII – a federal judge, nominated by the Superior Court virtue of Government delegation or have been made of Justice; official, without prejudice to the courts’ disciplinary VIII – a judge of a Regional Labour Court, nominated competence and their power to correct administra- by the Superior Labour Court; tive acts, and it may order that pending disciplinary IX – a labour judge, nominated by the Superior Labour proceedings be forwarded to the National Council of Court; Justice, determine the removal, placement on paid avai- X – a member of the Public Prosecution of the Union, lability, or retirement with compensation or pension in nominated by the Attorney-General of the Republic; proportion to the length of service, and enforce other administrative sanctions, full defense being ensured;

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IV – present a formal charge to the Public Prosecution, from among members of the Labour Public Prosecu- in the case of crime against public administration or tion with over ten years of effective exercise, with due abuse of authority; regard for the provisions of article 94; V – review, ex officio or upon request, disciplinary II – the others, from among career judges of the Regional proceedings against judges and members of courts Labour Courts, nominated by the Superior Labour Court. tried in the preceding twelve months; Paragraph 1. The law shall make provisions for the VI – prepare a twice-a-year statistical report on pro- powers of the Superior Labour Court. ceedings and judgements rendered per unit of the Paragraph 2. The following shall operate in conjunction Federation in the various bodies of the Judicial Branch; with the Superior Labour Court: VII – prepare a yearly report, including the measures it I – the National School for the Education and Further deems necessary, on the State of the Judicial Branch Development of Labour Judges, which shall have the in the Country and on the Council’s activities, which duty, among others, to regulate the official courses for report must be an integral part of a message to be admission into and promotion in the career; forwarded by the Chief Justice of the Federal Supreme II – the Higher Council of Labour Justice, which shall, Court to the National Congress upon the opening of under the terms of the law, exercise administrative, the legislative session. budgetary, financial, and property supervision over Paragraph 5. The Justice of the Superior Court of Jus- Labour Courts of first and second instances, in the tice shall occupy the position of Corregidor-Justice, quality of central body of the system, whose decisions in charge of internal affairs, and he shall be excluded shall have a binding effect.” from the assignment of proceedings in said Court, “Article 130-A. The National Council of the Public Pro- the following duties being incumbent upon him, in secution is composed of fourteen members appointed addition to those that may be conferred upon him by by the President of the Republic, after their nomina- the Statute of the Judicature: tion has been approved by the absolute majority of I – to receive complaints and accusations from any the Federal Senate, for a two-year term of office, one interested party regarding judges and judiciary services; reappointment being permitted, as follows: II – to exercise executive functions of the Council con- I – the Attorney-General of the Republic, who chairs cerning inspection and general correction; the Council; III – to requisition and appoint judges, charging them II – four members of the Public Prosecution of the with specific duties, and to requisition court emplo- Union, representing each one of its careers; yees, including in the States, the Federal District, and III – three members of the Public Prosecution of the the Territories. States; Paragraph 6. The Attorney General of the Republic and IV – two judges, one of whom nominated by the Federal the Chairman of the Federal Board of the Brazilian Bar Supreme Court and the other one by the Superior Association shall be competent to petition before the Court of Justice; Council. V – two lawyers, nominated by the Federal Board of Paragraph 7. The Union shall establish Justice ombuds- the Brazilian Bar Association; man’s offices, including in the Federal District and in VI – two citizens of notable juridical learning and spotless the Territories, with powers to receive complaints reputation, one of whom nominated by the Chamber and accusations from any interested party against of Deputies and the other one by the Federal Senate. members or bodies of the Judicial Branch, or against Paragraph 1. The members of the Council who are their ancillary services, thus presenting formal charges members of the Public Prosecution shall be nominated directly to the National Council of Justice.” by their respective bodies, under the terms of the law. “Article 111-A. The Superior Labour Court shall be com- Paragraph 2. It is incumbent upon the National Council posed of twenty-seven Justices, chosen from among of the Public Prosecution to control the administrative Brazilians over thirty-five and under sixty-five years and financial operation of the Public Prosecution and of age, appointed by the President of the Republic the proper discharge of official duties by its members, after approval by the absolute majority of the Federal and it shall: Senate, as follows: I – ensure that the Public Prosecution is autonomous I – one-fifth from among lawyers effectively practicing in its operation and administration, and it may issue their professional activity for more than ten years and

175 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition regulatory acts within its jurisdiction, or recommend Paragraph 5. Federal and State legislation shall establish measures; ombudsman’s offices for the Public Prosecution, with II – ensure that article 37 is complied with, and examine, powers to receive complaints and accusations from ex officio or upon request, the legality of administrative any interested party against members or bodies of the acts carried out by members or bodies of the Public Public Prosecution, including against their ancillary Prosecution of the Union and of the States, and it may services, thus presenting formal charges directly to revoke or review them, or stipulate a deadline for the the National Council of the Public Prosecution.” adoption of the necessary measures to achieve due Article 3. The law shall establish the Fund to Guarantee execution of the law, without prejudice to the powers the Execution of Labour Claims, made up of fines im- of Audit Courts; posed by labour and administrative judgements arising III – receive and examine complaints against members from the supervision of labour relations, in addition to or bodies of the Public Prosecution of the Union or of other revenues. the States, including against their ancillary services, without prejudice to such institutions’ disciplinary Article 4. Existing State Courts of Appeals are hereby competence and their power to correct administrative abolished, and their members shall henceforth become acts, and it may order that pending disciplinary pro- members of the Courts of Justice of their respective ceedings be forwarded to the National Council of the States, with due regard for their seniority and original Public Prosecution, determine the removal, placement class. on paid availability, or retirement with compensation Sole paragraph. The Courts of Justice shall, within one or pension in proportion to the length of service, and hundred and eighty days as from the date this Amend- enforce other administrative sanctions, full defense ment is enacted, effect the integration of members of being ensured; abolished courts into their own staff, by means of an IV – review, ex officio or upon request, disciplinary administrative act, stipulating their duties and forwar- proceedings against members of the Public Prosecution ding to the Legislative Branch, within the same time of the Union or of the States tried in the preceding period, a proposal to alter the corresponding judiciary twelve months; organization and division, with due regard for the rights V – prepare a yearly report, including the measures of retirees and pensioners and for the reassignment of it deems necessary, on the State of the Public Prose- civil servants to the State Judicial Branch. cution in the Country and on the Council’s activities, Article 5. The National Council of Justice and the Natio- which report must be an integral part of the message nal Council of the Public Prosecution shall be installed referred to in article 84, item XI. within one hundred and eighty days as from the date Paragraph 3. The Council shall, by means of secret this Amendment is enacted, and the nomination or voting, choose a national Corregidor, from among the appointment of their members must be effected no members of the Public Prosecution who compose the later than thirty days before such deadline. Council, reappointment being forbidden, and the follo- Paragraph 1. If the nominations and appointments for wing duties shall be incumbent upon him, in addition the National Council of Justice and the National Council to those that may be conferred upon him by law: of the Public Prosecution are not effected within the I – to receive complaints and accusations from any time period set forth in the head paragraph of this ar- interested party regarding members of the Public ticle, it shall be incumbent upon the Federal Supreme Prosecution and its ancillary services; Court and the Federal Public Prosecution, respectively, II – to exercise executive functions of the Council con- to effect such nominations and appointments. cerning inspection and general correction; Paragraph 2. Until such time as the Statute of the Judi- III – to requisition and appoint members of the Pu- cature comes into force, the National Council of Justice blic Prosecution, delegating specific duties to such shall, by means of a resolution, regulate its own ope- members, and to requisition employees of Public ration and define the duties of the Corregidor-Justice. Prosecution bodies. Paragraph 4. The Chairman of the Federal Board of Article 6. The Higher Council of Labour Justice shall be the Brazilian Bar Association shall be competent to installed within one hundred and eighty days, and it petition before the Council. shall be incumbent upon the Superior Labour Court to regulate its operation by means of a resolution, until

176 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition such time as the law referred to in article 111-A, para- IV – the river and lake islands in zones bordering with graph 2, item II, is promulgated. other countries; sea beaches; ocean and off-shore islands, excluding those which are the seat of Munici- Article 7. Immediately after this Constitutional Amend- palities, with the exception of areas assigned to public ment is enacted, the National Congress shall install a services and to federal environmental units, and those joint special committee for the purpose of preparing, referred to in article 26, item II; within one hundred and eighty days, the bills necessary […]” to regulate the matter dealt with in this Amendment, and of effecting alterations in federal legislation with Article 2. This Constitutional Amendment shall come a view to expanding access to Justice and to expediting into force on the date of its publication. judicial services. Brasília, May 5, 2005. Article 8. The current summulas of the Federal Supreme THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Court shall only have a binding effect after they are Deputy Severino Cavalcanti, President – Deputy José Tho- confirmed by two thirds of the members of said Court maz Nonô, First Vice-President – Deputy Ciro Nogueira, and published in the official press. Second Vice-President – Deputy Inocêncio Oliveira, First Article 9. The following are hereby revoked: item IV of Secretary – Deputy Nilton Capixaba, Second Secretary – article 36; subitem h of item I of article 102; paragraph Deputy Eduardo Gomes, Third Secretary – Deputy João 4 of article 103; and paragraphs 1 to 3 of article 111. Caldas, Fourth Secretary.

Article 10. This Constitutional Amendment shall come THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator into force on the date of its publication. Renan Calheiros, President – Senator Tião Viana, First Vice-President – Antero Paes de Barros, Second Vice-Pre- Brasília, December 8, 2004. sident – Senator Efraim Morais, First Secretary – Senator THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: João Alberto Souza, Second Secretary – Senator Paulo Deputy João Paulo Cunha, President – Deputy Inocêncio Octávio, Third Secretary – Senator Eduardo Siqueira Oliveira, First Vice-President – Deputy Luiz Piauhylino, Campos, Fourth Secretary. Second Vice-President – Deputy Geddel Vieira Lima, Published in the Official Journal, May 6, 2005. First Secretary – Deputy Severino Cavalcanti, Second Secretary – Deputy Nilton Capixaba, Third Secretary – CONSTITUTIONAL AMENDMENT No. 47, 2005 Deputy Ciro Nogueira, Fourth Secretary. Alters articles 37, 40, 195, and 201 of the Federal Constitution, THE DIRECTING BOARD OF THE FEDERAL SENATE: Sena- to provide for social security, and makes further provisions. tor José Sarney, President – Senator Paulo Paim, First The Directing Boards of the Chamber of Deputies and Vice-President – Senator Eduardo Siqueira Campos, of the Federal Senate, under the terms of paragraph 3 Second Vice-President – Senator Romeu Tuma, First of article 60, of the Federal Constitution, promulgate Secretary – Senator Alberto Silva, Second Secretary the following Amendment to the constitutional text: – Senator Heráclito Fortes, Third Secretary – Senator Sérgio Zambiasi, Fourth Secretary. Article 1. Articles 37, 40, 195, and 201 of the Federal Constitution shall henceforth read as follows: Published in the Official Journal, December 31, 2004. “Article 37. […] CONSTITUTIONAL AMENDMENT No. 46, 2005 Paragraph 11. The compensatory amounts set forth in law shall not be computed for the purposes of the Alters item IV of article 20 of the Federal Constitution. remuneration limits referred to in item XI of the head The Directing Boards of the Chamber of Deputies and paragraph of this article. of the Federal Senate, under the terms of paragraph Paragraph 12. For the purposes provided by item XI 3 of article 60 of the Federal Constitution, promulgate of the head paragraph of this article, the States and the following Amendment to the constitutional text: the Federal District may stipulate, within their own sphere, by means of an amendment to their respective Article 1. Item IV of article 20 of the Federal Constitution Constitutions and Organic Law, as a single limit, the shall henceforth read as follows: monthly compensation of the Judges of the respective “Article 20. […] State Court of Justice, limited to ninety and twenty-five

177 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition hundredths percent of the monthly compensation of Paragraph 13. The rates and grace periods of the spe- the Justices of the Federal Supreme Court, and the cial system of inclusion in the social security system provision of this paragraph shall not be applied to the referred to in paragraph 12 of this article shall be lower compensation of State and Federal District Deputies than those in effect for other insured participants of and of City Councilmen.” the general social security scheme.” “Article 40. […] Article 2. The provisions of article 7 of Constitutional Paragraph 4. The adoption of differentiated require- Amendment No. 41, 2003, shall apply to the retirement ments and criteria for the granting of retirement to pensions of government employees who go into reti- those covered by the scheme set forth in this article is rement pursuant to the head paragraph of article 6 of forbidden, with the exception of the cases, as defined said Amendment. by supplementary laws, of employees: I – with disabilities; Article 3. Without prejudice to the right to opt for retire- II – engaged in hazardous activities; ment in accordance with the rules established by article III – engaged in activities carried out under special 40 of the Federal Constitution or the rules established conditions which are harmful to health or to physical by articles 2 and 6 of Constitutional Amendment No. 41, wholeness. 2003, an employee of the Union, the States, the Federal […] District, and the Municipalities, including their associate Paragraph 21. The contribution set forth in paragraph government agencies and foundations, who has entered 18 of this article shall be levied only on the portions of public administration on or before December 16, 1998, retirement pensions and other pensions which exceed may go into retirement with full pay, provided that such an amount equal to twice the maximum limit establi- employee meets the following cumulative conditions: shed for the benefits of the general social security I – thirty-five years of contribution, if a man, and thirty scheme mentioned in article 201 of this Constitution, years of contribution, if a woman; if the beneficiaries, under the terms of the law, suffer II – twenty-five years of effective exercise in public from incapacitating diseases.” administration, fifteen years in the career, and five “Article 195. […] years in the effective post from which retirement is Paragraph 9. The welfare contributions set forth in going to take place; item I of the head paragraph of this article may have III – a minimum age resulting from the reduction, as differentiated rates or assessment bases, according regards the limits set forth by article 40, paragraph 1, to the economic activity, the intensive use of labour, item III, subitem a, of the Federal Constitution, of one the size of the company, or the structural situation of year of age for each year of contribution which exceeds the labour market. the condition set forth in item I of the head paragraph […]” of this article. “Article 201. […] Sole paragraph. The provisions of article 7 of Consti- Paragraph 1. The adoption of differentiated require- tutional Amendment No. 41, 2003, shall apply to the ments and criteria for the granting of retirement to the retirement pensions granted pursuant to this article, beneficiaries of the general social security scheme is and such revision criterion shall also be applied to forbidden, with the exception of the cases, as defined pensions deriving from the retirement pensions of de- by a supplementary law, of activities carried out under ceased employees who went into retirement pursuant special conditions which are harmful to health or to to this article. physical wholeness, and of cases in which the insured Article 4. Until such time as the law referred to in pa- are persons with disabilities. ragraph 11 of article 37 of the Federal Constitution is […] enacted, no compensatory amount as defined by the Paragraph 12. The law shall provide for a special system legislation in effect on the date of publication of Cons- to include low-income workers in the social security titutional Amendment No. 41, 2003, shall be computed system, as well as to include no-income persons who for the purposes of the remuneration limits set forth in are engaged exclusively in household chores within their item XI of the head paragraph of said article. own homes, provided that they belong to low-income families, so that they have guaranteed access to benefits at an amount equal to one monthly minimum salary.

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Article 5. The sole paragraph of article 6 of Constitutio- Brasília, August 10, 2005. nal Amendment No. 41, December 19, 2003, is hereby THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: revoked. Deputy Severino Cavalcanti, President – Deputy José Tho- Article 6. This Constitutional Amendment shall come into maz Nonô, First Vice-President – Deputy Ciro Nogueira, force on the date of its publication, and its effects shall Second Vice-President – Deputy Inocêncio Oliveira, First be retroactive to the date Constitutional Amendment Secretary – Deputy Nilton Capixaba, Second Secretary – No. 41, 2003, came into force. Deputy Eduardo Gomes, Third Secretary – Deputy João Caldas, Fourth Secretary. Brasília, July 5, 2005. THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Renan Calheiros, President – Senator Tião Viana, First Deputy Severino Cavalcanti, President – Deputy José Tho- Vice-President – Senator Efraim Morais, First Secretary maz Nonô, First Vice-President – Deputy Ciro Nogueira, – Senator Paulo Octávio, Third Secretary – Senator Second Vice-President – Deputy Inocêncio Oliveira, First Eduardo Siqueira Campos, Fourth Secretary. Secretary – Deputy Eduardo Gomes, Third Secretary – Deputy João Caldas, Fourth Secretary. Published in the Official Journal, August 11, 2005.

THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator CONSTITUTIONAL AMENDMENT No. 49, 2006 Renan Calheiros, President – Senator Tião Viana, First Alters the wording of subitem b and adds subitem c to item XXIII Vice-President – Senator Efraim Morais, First Secretary of the head paragraph of article 21, and alters the wording – Senator Paulo Octávio, Third Secretary – Senator of item V of the head paragraph of article 177 of the Federal Eduardo Siqueira Campos, Fourth Secretary. Constitution so as to exclude the production, sale, and use of Published in the Official Journal, July 6, 2005. short-lived radioisotopes for medical, agricultural, and industrial purposes from the monopoly of the Union. CONSTITUTIONAL AMENDMENT No. 48, 2005 The Directing Boards of the Chamber of Deputies and of Adds paragraph 3 to article 215 of the Federal Constitution, to the Federal Senate, under the terms of article 60 of the institute the National Culture Plan. Federal Constitution, enact the following Amendment The Directing Boards of the Chamber of Deputies and to the constitutional text: of the Federal Senate, under the terms of article 60, Article 1. Item XXIII of article 21 of the Federal Consti- of the Federal Constitution, promulgate the following tution shall henceforth read as follows: Amendment to the constitutional text: “Article 21. […] Article 1. Article 215 of the Federal Constitution shall XXIII – […] henceforth include the following paragraph 3: b) under a permission, authorization is granted for “Article 215. […] the sale and use of radioisotopes in research and Paragraph 3. The law shall establish the National Cul- for medical, agricultural, and industrial purposes; ture Plan, in the form of a multiyear plan aimed at the c) under a permission, authorization is granted for cultural development of the country and the integra- the production, sale, and use of radioisotopes tion of government initiatives to attain the following: with a half-life lower than two hours; I – protection and appreciation of the value of Brazil’s d) civil liability for nuclear damages does not depend cultural heritage; on the existence of fault; II – production, promotion, and diffusion of cultural […]” goods; Article 2. Item V of the head paragraph of article 177 of III – training of qualified personnel to manage culture the Federal Constitution shall henceforth read as follows: in its multiple dimensions; “Article 177. […] IV – democratization of access to cultural goods; V – prospecting, mining, enrichment, reprocessing, V – appreciation of the value of ethnic and regional industrialization, and trading of nuclear mineral ores diversity.” and minerals and their by-products, with the exception Article 2. This Constitutional Amendment shall come of radioisotopes whose production, sale, and use may into force on the date of its publication. be authorized under a permission, in accordance with

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subitem b and c of item XXIII of the head paragraph of Houses, in the event of urgency or important public article 21 of this Federal Constitution. interest, approval by the absolute majority of each […]” House of the National Congress being required in all cases referred to in this item. Article 3. This Constitutional Amendment shall come Paragraph 7. In a special legislative session, the Na- into force on the date of its publication. tional Congress shall deliberate only upon the matter Brasília, February 8, 2006. for which it was called, exception being made for the event mentioned in paragraph 8 of this article, the THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: payment of a compensatory amount by virtue of the Deputy Aldo Rebelo, President – Deputy José Thomaz special session being forbidden. Nonô, First Vice-President – Deputy Ciro Nogueira, Se- […]” cond Vice-President – Deputy Inocêncio Oliveira, First Secretary – Deputy Nilton Capixaba, Second Secretary Article 2. This Constitutional Amendment shall come – Deputy João Caldas, Fourth Secretary. into force on the date of its publication.

THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator Brasília, February 14, 2006. Renan Calheiros, President – Senator Tião Viana, First THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Vice-President – Senator Antero Paes de Barros, Second Deputy Aldo Rebelo, President – Deputy José Thomaz Vice-President – Senator Efraim Morais, First Secretary Nonô, First Vice-President – Deputy Ciro Nogueira, Se- – Senator João Alberto Souza, Second Secretary – Se- cond Vice-President – Deputy Inocêncio Oliveira, First nator Paulo Octávio, Third Secretary – Senator Eduardo Secretary – Deputy Nilton Capixaba, Second Secretary Siqueira Campos, Fourth Secretary. – Deputy João Caldas, Fourth Secretary. Published in the Official Journal, February 9, 2006. THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator CONSTITUTIONAL AMENDMENT No. 50, 2006 Renan Calheiros, President – Senator Tião Viana, First Vice-President – Senator Antero Paes de Barros, Second Alters article 57 of the Federal Constitution. Vice-President – Senator Efraim Morais, First Secretary The Directing Boards of the Chamber of Deputies and of – Senator João Alberto Souza, Second Secretary – Se- the Federal Senate, under the terms of article 60 of the nator Paulo Octávio, Third Secretary – Senator Eduardo Federal Constitution, enact the following Amendment Siqueira Campos, Fourth Secretary. to the constitutional text: Published in the Official Journal, February 15, 2006. Article 1. Article 57 of the Federal Constitution shall henceforth read as follows: CONSTITUTIONAL AMENDMENT No. 51, 2006 “Article 57. The National Congress shall meet each year Adds paragraphs 4, 5, and 6 to article 198 of the Federal in the Federal Capital, from February 2 to July 17 and Constitution. from August 1 to December 22. The Directing Boards of the Chamber of Deputies and of […] the Federal Senate, under the terms of article 60 of the Paragraph 4. Both Houses shall meet in a preparatory Federal Constitution, enact the following Amendment session, beginning February 1 of the first year of the to the constitutional text: legislative term, for the installation of its members and the election of the respective Directing Boards, Article 1. Article 198 of the Federal Constitution shall for a term of office of two years, the re-election to the henceforth include the following paragraphs 4, 5, and 6: same office in the immediately subsequent election “Article 198. […] being prohibited. Paragraph 4. The local managers of the unified health […] system may hire community health workers and en- Paragraph 6. Special sessions of the National Congress demic disease control agents by means of a public shall be called: selection process, taking into account the nature and […] complexity of their duties and the specific requirements II – by the President of the Republic, by the Presidents of their activity. of the Chamber of Deputies and of the Federal Senate, Paragraph 5. Federal legislation shall provide for the or by request of the majority of the members of both legal regime and the regulation of the activities of

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community health workers and endemic disease con- CONSTITUTIONAL AMENDMENT No. 52, 2006 trol agents. Gives new wording to paragraph 1 of article 17 of the Federal Paragraph 6. In addition to the cases set forth in para- Constitution to regulate electoral coalitions. graph 1 of article 41 and in paragraph 4 of article 169 of The Directing Boards of the Chamber of Deputies and the Federal Constitution, an employee whose activities of the Federal Senate, under the terms of paragraph are equivalent to those of a community health worker 3 of article 60 of the Federal Constitution, enact the or an endemic disease control agent may be dismissed following Amendment to the constitutional text: if he does not comply with the specific requirements stipulated by law for such activities.” Article 1. Paragraph 1 of article 17 of the Federal Cons- titution shall henceforth read as follows: Article 2. As from the enactment of this Constitutional “Article 17. […] Amendment, community health workers and endemic Paragraph 1. Political parties are ensured of autonomy disease control agents may only be hired directly by to define their internal structure, organization, and the States, the Federal District, or the Municipalities operation, and to adopt the selection criteria and under the terms of paragraph 4 of article 198 of the the composition of their electoral coalitions, without Federal Constitution, with due regard for the spending being required to follow the same party alliances at limits stipulated by the Supplementary Law referred to the national, state, Federal District, or Municipal levels, in article 169 of the Federal Constitution. and their by-laws shall establish rules of party loyalty Sole paragraph. Workers who, on the date of enactment and discipline. of this Amendment, and on any account, are carrying out […]” the activities of community health workers or endemic disease control agents, in accordance with the law, are Article 2. This Constitutional Amendment shall come not required to undergo the public selection process into force on the date of its publication, and shall apply referred to in paragraph 4 of article 198 of the Federal to the elections to be held in the year 2002.30 Constitution, provided that they have been hired via a Brasília, March 8, 2006. previous public selection process carried out by bodies or entities of the direct or indirect administration of THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: a State, the Federal District, or a Municipality, or by Deputy Aldo Rebelo, President – Deputy José Thomaz other institutions, under the effective supervision and Nonô, First Vice-President – Deputy Ciro Nogueira, Se- authorization of the direct administration of the units cond Vice-President – Deputy Inocêncio Oliveira, First of the Federation. Secretary – Deputy Nilton Capixaba, Second Secretary – Deputy João Caldas, Fourth Secretary. Article 3. This Constitutional Amendment shall come into force on the date of its publication. THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator Renan Calheiros, President – Senator Tião Viana, First Brasília, February 14, 2006. Vice-President – Senator Antero Paes de Barros, Second THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Vice-President – Senator Efraim Morais, First Secretary Deputy Aldo Rebelo, President – Deputy José Thomaz – Senator João Alberto Souza, Second Secretary – Se- Nonô, First Vice-President – Deputy Ciro Nogueira, Se- nator Paulo Octávio, Third Secretary – Senator Eduardo cond Vice-President – Deputy Inocêncio Oliveira, First Siqueira Campos, Fourth Secretary. Secretary – Deputy Nilton Capixaba, Second Secretary Published in the Official Journal, March 9, 2006. – Deputy João Caldas, Fourth Secretary.

THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator CONSTITUTIONAL AMENDMENT No. 53, 2006 Renan Calheiros, President – Senator Tião Viana, First Gives new wording to articles 7, 23, 30, 206, 208, 211, and 212 Vice-President – Senator Antero Paes de Barros, Second of the Federal Constitution and to article 60 of the Temporary Vice-President – Senator Efraim Morais, First Secretary Constitutional Provisions Act. – Senator João Alberto Souza, Second Secretary – Se- The Directing Boards of the Chamber of Deputies and nator Paulo Octávio, Third Secretary – Senator Eduardo of the Federal Senate, under the terms of paragraph Siqueira Campos, Fourth Secretary. 30. By virtue of a decision of the Federal Supreme Court, on March 23, 2006, which Published in the Official Journal, February 15, 2006. declared Direct Action of Unconstitutionality ADI No. 3,685 to be valid, the provisions of this Constitutional Amendment shall be effective as from the 2010 elections.

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3 of article 60 of the Federal Constitution, enact the for education shall be distributed in proportion to the following Amendment to the constitutional text: number of students enrolled in basic education in the respective public school systems.” Article 1. The Federal Constitution shall henceforth read as follows: Article 2. Article 60 of the Temporary Constitutional “Article 7. […] Provisions Act shall henceforth read as follows: XXV – free assistance for children and dependents “Article 60. In the 14 (fourteen) years following the of up to five years of age, in day-care centres and promulgation of this Constitutional Amendment, the pre-school facilities; States, the Federal District, and the Municipalities shall […]” allocate a portion of the monies referred to in the head “Article 23. […] paragraph of article 212 of the Federal Constitution, to Sole paragraph. Supplementary laws shall establish the maintenance and development of basic education rules for the cooperation between the Federal Gover- and to the payment of appropriate salaries to education nment and the States, the Federal District, and the workers, with due regard for the following provisions: Municipalities, aiming at the attainment of balanced I – the distribution of monies and responsibilities development and well-being on a nationwide scope.” among the Federal District, the States, and their Muni- “Article 30. […] cipalities is assured through the establishment, within VI – maintain, with the technical and financial coo- each State and the Federal District, of a Fund for the peration of the Federal Government and the State, Maintenance and Development of Basic Education programs of infant and elementary school education; and for the Appreciation of Education Professionals […]” (Fundeb), of a financial nature; “Article 206. […] II – the Funds referred to in item I of the head para- V – appreciation of the value of school education graph of this article shall be made up of 20% (twenty professionals, guaranteeing, in accordance with the percent) of the resources referred to in items I, II, and law, career schemes for public school teachers, with III of article 155; item II of the head paragraph of ar- admittance exclusively by means of public entrance ticle 157; items II, III, and IV of the head paragraph of examinations consisting of tests and presentation of article 158; and subitems a and b of item I, and item academic and professional credentials; II of the head paragraph of article 159, of the Federal […] Constitution, and shall be distributed among each State VIII – a nationwide professional minimum salary for and its Municipalities, in proportion to the number public school teachers, under the terms of a federal law. of students in the various grades and modalities of Sole paragraph. The law shall provide for the classes on-site basic education, enrolled in the respective of workers to be considered basic education professio- school systems, within the respective scope of priority nals, as well as for the deadline for the preparation or action as established by paragraphs 2 and 3 of article adaptation of their career schemes, within the sphere 211 of the Federal Constitution; of the Federal Government, the States, the Federal III – with due regard for the guarantees established in District, and the Municipalities.” items I, II, III, and IV of the head paragraph of article “Article 208. […] 208 of the Federal Constitution, as well as for the IV – infant education to children of up to 5 (five) years basic education universalization goals established in of age in day-care centers and pre-schools; the National Education Plan, the law shall provide for: […]” a) the organization of the Funds, the proportional “Article 211. […] distribution of their resources, the differences Paragraph 5. Public basic education shall give priority and weightings regarding the annual value per to regular education.” student among the various grades and modalities “Article 212. […] of basic education and types of schools; Paragraph 5. Public basic education shall have, as an b) the form of calculation of the minimum annual additional source of financing, the social contribution value per student; for education, a payroll tax levied on companies, as c) the maximum percentages for the allocation of provided by law. fund resources to the various grades and mo- Paragraph 6. State and Municipal quotas of the pro- dalities of basic education, with due regard for ceeds from the collection of the social contribution

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articles 208 and 214 of the Federal Constitution, IX – the amounts referred to in subitems a, b, and c of as well as for the National Education Plan goals; item VII of the head paragraph of this article shall be d) oversight and control of the Funds; adjusted every year as from the promulgation of this e) a deadline to stipulate, by means of a specific Constitutional Amendment, so that the real value of the law, a nationwide professional minimum salary supplementation provided by the Federal Government for public school teachers of basic education; is permanently preserved; IV – the resources transferred to the Funds established X – the supplementation provided by the Federal Go- under the terms of item I of the head paragraph of this vernment shall comply with the provisions of article article shall be applied by the States and Municipalities 160 of the Federal Constitution; exclusively within the scope of their priority actions, XI – the competent authority shall be held liable for as established by paragraphs 2 and 3 of article 211 of crime of malversation in case of non-compliance with the Federal Constitution; the provisions of items V and VII of the head paragraph V – the Federal Government shall supplement the re- of this article; sources of the Funds referred to in item II of the head XII – a share of not less than 60% (sixty percent) of the paragraph of this article, whenever in the Federal Dis- resources of each Fund referred to in item I of the head trict and in each State, the value per student does not paragraph of this article shall be used for the payment reach the nationally set minimum value, stipulated in of basic education teachers who are actually teaching. accordance with the provisions of item VII of the head Paragraph 1. When financing basic education, the paragraph of this article, and use of the resources Federal Government, the States, the Federal District, referred to in paragraph 5 of article 212 of the Federal and the Municipalities shall ensure that the quality Constitution is forbidden; of education will be improved, so as to guarantee a VI – up to 10% (ten percent) of the resources supple- nationally set minimum standard. mented by the Federal Government as set forth in Paragraph 2. The value per elementary school student, item V of the head paragraph of this article may be within each State Fund and the Federal District Fund, distributed to the Funds by means of programs aimed may not be lower than the value prescribed by the Fund at improving the quality of education, under the terms for the Maintenance and Development of Elementary of the law referred to in item III of the head paragraph Education and for the Appreciation of the Teaching of this article; Profession (Fundef), in the year preceding the coming VII – the minimum amount of resources supplemented into force of this Constitutional Amendment. by the Federal Government as set forth in item V of Paragraph 3. The minimum annual value per elementary the head paragraph of this article shall be equal to: school student, within the Fund for the Maintenance a) R$ 2,000,000,000.00 (two billion reais), in the first and Development of Basic Education and for the Appre- year the Funds are in force; ciation of Education Professionals (Fundeb), may not b) R$ 3,000,000,000.00 (three billion reais), in the be lower than the minimum value stipulated for the second year the Funds are in force; entire country in the year preceding the year in which c) R$ 4,500,000,000.00 (four billion and five hundred this Constitutional Amendment comes into force. million reais), in the third year the Funds are in Paragraph 4. For the purposes of distribution of the force; resources of the Funds referred to in item I of the head d) 10% (ten percent) of the total amount of resour- paragraph of this article, the total number of students ces referred to in item II of the head paragraph enrolled in elementary education will be taken into of this article, as from the fourth year the Funds account, and, as regards infant education, high school, are in force; and the education of young people and adults, 1/3 VIII – the resources earmarked for the maintenance and (one third) of the total number of students enrolled development of education as established in article 212 of in the first year, 2/3 (two thirds) in the second year, the Federal Constitution may cover a maximum amount and the total number as from the third year shall be of 30% (thirty percent) of the resources supplemented taken into consideration. by the Federal Government, taking into consideration, Paragraph 5. The percentage of resources to consti- for the purposes of this item, the amounts set forth in tute the Funds, in accordance with item II of the head item VII of the head paragraph of this article; paragraph of this article, shall be gradually achieved

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over the first 3 (three) years the Funds are in force, CONSTITUTIONAL AMENDMENT No. 54, 2007 as follows: Gives new wording to subitem c of item I of article 12 of the I – as to the taxes and transfers mentioned in item II Federal Constitution and adds article 95 to the Temporary of the head paragraph of article 155; item IV of the Constitutional Provisions Act, to ensure that Brazilians born head paragraph of article 158; and subitems a and b abroad may be registered with Brazilian consulates. of item I and item II of the head paragraph of article The Directing Boards of the Chamber of Deputies and 159 of the Federal Constitution: of the Federal Senate, under the terms of paragraph a) 16.66% (sixteen and sixty-six hundredths of one 3 of article 60 of the Federal Constitution, promulgate percent), in the first year; the following Amendment to the constitutional text: b) 18.33% (eighteen and thirty-three hundredths of one percent), in the second year; Article 1. Letter c of item I of article 12 of the Federal c) 20% (twenty percent), as from the third year; Constitution shall henceforth read as follows: II – as to the taxes and transfers mentioned in items “Article 12. […] I and III of the head paragraph of article 155; item II I – […] of the head paragraph of article 157; and items II and c) those born abroad, to a Brazilian father or a Bra- III of the head paragraph of article 158 of the Federal zilian mother, provided that they are registered Constitution: with a competent Brazilian authority, or come to a) 6.66% (six and sixty-six hundredths of one per- reside in the Federative Republic of Brazil, and cent), in the first year; opt for the Brazilian nationality at any time after b) 13.33% (thirteen and thirty-three hundredths of reaching majority; one percent), in the second year; […]” c) 20% (twenty percent), as from the third year. Article 2. The Temporary Constitutional Provisions Act Paragraph 6. (Revoked). shall henceforth include the following article 95: Paragraph 7. (Revoked).” “Article 95. Persons born abroad between June 7, 1994, Article 3. This Constitutional Amendment shall come and the date of enactment of this Constitutional Amend- into force on the date of its publication, and article ment, to a Brazilian father or a Brazilian mother, may 60 of the Temporary Constitutional Provisions Act, as be registered with a Brazilian diplomatic or consular established by Constitutional Amendment No. 14, Sep- authority, or with an official registry if they come to tember 12, 1996, shall remain in effect until the Funds reside in the Federative Republic of Brazil.” come into force, under the terms of this Constitutional Article 3. This Constitutional Amendment shall come Amendment. into force on the date of its publication. Brasília, December 19, 2006. Brasília, September 20, 2007. THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Deputy Aldo Rebelo, President – Deputy José Thomaz Deputy Arlindo Chinaglia, President – Deputy Narcio Ro- Nonô, First Vice-President – Deputy Ciro Nogueira, Se- drigues, First Vice-President – Deputy Inocêncio Oliveira, cond Vice-President – Deputy Inocêncio Oliveira, First Second Vice-President – Deputy Osmar Serraglio, First Secretary – Deputy Nilton Capixaba, Second Secretary Secretary – Deputy Ciro Nogueira, Second Secretary – – Deputy Eduardo Gomes, Third Secretary. Deputy Waldemir Moka, Third Secretary – Deputy José THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator Carlos Machado, Fourth Secretary Renan Calheiros, President – Senator Tião Viana, First THE DIRECTING BOARD OF THE FEDERAL SENATE: Sena- Vice-President – Senator Antero Paes de Barros, Second tor Renan Calheiros, President – Senator Tião Viana, Vice-President – Senator Efraim Morais, First Secretary First Vice-President – Senator Alvaro Dias, Second – Senator João Alberto Souza, Second Secretary – Se- Vice-President – Senator Efraim Morais, First Secretary nator Paulo Octávio, Third Secretary – Senator Eduardo – Senator Gerson Camata, Second Secretary – Senator Siqueira Campos, Fourth Secretary. César Borges, Third Secretary – Senator Magno Malta, Published in the Official Journal, December 20, 2006. Fourth Secretary.

Published in the Official Journal, September 21, 2007.

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CONSTITUTIONAL AMENDMENT No. 55, 2007 CONSTITUTIONAL AMENDMENT No. 56, 2007 Alters article 159 of the Federal Constitution, to increase the Extends the period of time stipulated in the head paragraph of amount of funds remitted by the Federal Government to the article 76 of the Temporary Constitutional Provisions Act and Revenue Sharing Fund of the Municipalities. makes further provisions.

The Directing Boards of the Chamber of Deputies and The Directing Boards of the Chamber of Deputies and of the Federal Senate, under the terms of paragraph of the Federal Senate, under the terms of paragraph 3 of article 60 of the Federal Constitution, enact the 3 of article 60 of the Federal Constitution, enact the following Amendment to the constitutional text: following Amendment to the constitutional text:

Article 1. Article 159 of the Federal Constitution shall Article 1. The head paragraph of article 76 of the Tem- henceforth read as follows: porary Constitutional Provisions Act shall henceforth “Article 159. […] read as follows: I – of the proceeds from the collection of the tax on “Article 76. Twenty percent of the proceeds from the income and earnings of any nature and of the tax on collection by the Union of taxes, social contributions, industrialized products, forty-eight per cent as follows: and contributions for intervention in the economic […] domain, already instituted or that may be instituted d) one per cent to the Revenue Sharing Fund of the by December 31, 2011, as well as their additional taxes Municipalities, to be remitted within the first ten and respective legal increases, shall not be earmarked days of the month of December of each year; to any agency, fund, or expense in the said period. […]” […]”

Article 2. In fiscal year 2007, the alterations introduced Article 2. This Constitutional Amendment shall come by this Constitutional Amendment to article 159 of the into force on the date of its publication. Federal Constitution shall apply only to the collection Brasília, December 20, 2007. of the tax on income and earnings of any nature and of the tax on industrialized products carried out as from THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: September 1, 2007. Deputy Arlindo Chinaglia, President – Deputy Narcio Rodrigues, First Vice-President – Deputy Inocêncio Article 3. This Constitutional Amendment shall come Oliveira, Second Vice-President – Deputy Osmar Ser- into force on the date of its publication. raglio, First Secretary – Deputy Ciro Nogueira, Second Brasília, September 20, 2007. Secretary – Deputy Waldemir Moka, Third Secretary.

THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator Deputy Arlindo Chinaglia, President – Deputy Narcio Ro- Garibaldi Alves Filho, President – Senator Alvaro Dias, drigues, First Vice-President – Deputy Inocêncio Oliveira, Second Vice-President – Senator Efraim Morais, First Second Vice-President – Deputy Osmar Serraglio, First Secretary – Senator Gerson Camata, Second Secretary – Secretary – Deputy Ciro Nogueira, Second Secretary – Senator César Borges, Third Secretary – Senator Magno Deputy Waldemir Moka, Third Secretary – Deputy José Malta, Fourth Secretary. Carlos Machado, Fourth Secretary. Published in the Official Journal, December 21, 2007. THE DIRECTING BOARD OF THE FEDERAL SENATE: Sena- tor Renan Calheiros, President – Senator Tião Viana, CONSTITUTIONAL AMENDMENT No. 57, 2008 First Vice-President – Senator Alvaro Dias, Second Adds an article to the Temporary Constitutional Provisions Act Vice-President – Senator Efraim Morais, First Secretary with a view to confirming acts aimed at the establishment, – Senator Gerson Camata, Second Secretary – Senator fusion, merger, and dismemberment of Municipalities. César Borges, Third Secretary – Senator Magno Malta, The Directing Boards of the Chamber of Deputies and Fourth Secretary. of the Federal Senate, under the terms of paragraph Published in the Official Journal, September 21, 2007. 3 of article 60 of the Federal Constitution, enact the following Amendment to the constitutional text:

Article 1. The Temporary Constitutional Provisions Act shall henceforth include the following article 96:

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“Article 96. Acts aimed at the establishment, fusion, d) 15 (fifteen) councilmen, in Municipalities with merger, and dismemberment of Municipalities, whose over 50,000 (fifty thousand) inhabitants and with act of creation was published on or before Decem- up to 80,000 (eighty thousand) inhabitants; ber 31, 2006, are hereby confirmed, provided that e) 17 (seventeen) councilmen, in Municipalities the requirements set forth in the legislation of the with over 80,000 (eighty thousand) inhabitants respective State at the time of establishment of said and with up to 120,000 (one hundred and twenty Municipalities have been fulfilled.” thousand) inhabitants; f) 19 (nineteen) councilmen, in Municipalities with Article 2. This Constitutional Amendment shall come over 120,000 (one hundred and twenty thousand) into force on the date of its publication. inhabitants and with up to 160,000 (one hundred Brasília, December 18, 2008. and sixty thousand) inhabitants; g) 21 (twenty-one) councilmen, in Municipalities THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: with over 160,000 (one hundred and sixty thou- Deputy Arlindo Chinaglia, President – Deputy Narcio Ro- sand) inhabitants and with up to 300,000 (three drigues, First Vice-President – Deputy Inocêncio Oliveira, hundred thousand) inhabitants; Second Vice-President – Deputy Osmar Serraglio, First h) 23 (twenty-three) councilmen, in Municipalities Secretary – Deputy Ciro Nogueira, Second Secretary – with over 300,000 (three hundred thousand) Deputy Waldemir Moka, Third Secretary – Deputy José inhabitants and with up to 450,000 (four hundred Carlos Machado, Fourth Secretary. and fifty thousand) inhabitants; THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator i) 25 (twenty-five) councilmen, in Municipalities with Garibaldi Alves Filho, President – Senator Tião Viana, over 450,000 (four hundred and fifty thousand) First Vice-President – Senator Alvaro Dias, Second Vi- inhabitants and with up to 600,000 (six hundred ce-President – Senator Gerson Camata, Second Secre- thousand) inhabitants; tary – Senator César Borges, Third Secretary – Senator j) 27 (twenty-seven) councilmen, in Municipalities Magno Malta, Fourth Secretary. with over 600,000 (six hundred thousand) inhabitants and with up to 750,000 (seven hundred Published in the Official Journal, December 18, 2008. thousand) inhabitants; CONSTITUTIONAL AMENDMENT No. 58, 2009 k) 29 (twenty-nine) councilmen, in Municipalities with over 750,000 (seven hundred thousand) Alters the wording of item IV of the head paragraph of article inhabitants and with up to 900,000 (nine hundred 29 and the wording of article 29-A of the Federal Constitution, thousand) inhabitants; establishing provisions for the composition of Municipal Chambers. l) 31 (thirty-one) councilmen, in Municipalities with The Directing Boards of the Chamber of Deputies and over 900,000 (nine hundred thousand) inhabitants of the Federal Senate, under the terms of paragraph and with up to 1,050,000 (one million and fifty 3 of article 60 of the Federal Constitution, enact the thousand) inhabitants; following Amendment to the constitutional text: m) 33 (thirty-three) councilmen, in Municipalities with over 1,050,000 (one million and fifty thousand) Article 1. Item IV of the head paragraph of article 29 of inhabitants and with up to 1,200,000 (one million the Federal Constitution shall henceforth read as follows: and two hundred thousand) inhabitants; “Article 29 […] n) 35 (thirty-five) councilmen, in Municipalities with IV – the following limits shall apply to the composition over 1,200,000 (one million and two hundred of Municipal Chambers: thousand) inhabitants and with up to 1,350,000 a) 9 (nine) councilmen, in Municipalities with up to (one million three hundred and fifty thousand) 15,000 (fifteen thousand) inhabitants; inhabitants; b) 11 (eleven) councilmen, in Municipalities with o) 37 (thirty-seven) councilmen, in Municipalities with over 15,000 (fifteen thousand) inhabitants and 1,350,000 (one million three hundred and fifty with up to 30,000 (thirty thousand) inhabitants; thousand) inhabitants and with up to 1,500,000 c) 13 (thirteen) councilmen, in Municipalities with (one million five hundred thousand) inhabitants; over 30,000 (thirty thousand) inhabitants and p) 39 (thirty-nine) councilmen, in Municipalities with up to 50,000 (fifty thousand) inhabitants; with over 1,500,000 (one million five hundred

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thousand) inhabitants and with up to 1,800,000 VI – 3.5% (three and five tenths per cent) in the case (one million eight hundred thousand) inhabitants; of Municipalities having over 8,000,001 (eight million q) 41 (forty-one) councilmen, in Municipalities with and one) inhabitants. over 1,800,000 (one million eight hundred thou- […]” sand) inhabitants and with up to 2,400,000 (two Article 3. This Constitutional Amendment shall come million four hundred thousand) inhabitants; into force on the date of its publication, as follows: r) 43 (forty-three) councilmen, in Municipalities I – the provisions of article 1 shall be effective as from with over 2,400,000 (two million four hundred the 2008 elections; and thousand) inhabitants and with up to 3,000,000 II – the provisions of article 2 shall be effective as from (three million) inhabitants; January 1 of the year following the year this amend- s) 45 (forty-five) councilmen, in Municipalities with ment is published. over 3,000,000 (three million) inhabitants and with up to 4,000,000 (four million) inhabitants; Brasília, December 23, 2009. t) 47 (forty-seven) councilmen, in Municipalities THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: with over 4,000,000 (four million) inhabitants and Deputy Michel Temer, Speaker – Deputy Marco Maia, with up to 5,000,000 (five million) inhabitants; First Vice-President – Deputy Antônio Carlos Magalhães u) 49 (forty-nine) councilmen, in Municipalities with Neto, Second Vice-President – Deputy Rafael Guerra, over 5,000,000 (five million) inhabitants and with First Secretary – Deputy Inocêncio Oliveira, Second Se- up to 6,000,000 (six million) inhabitants; cretary – Deputy Odair Cunha, Third Secretary – Deputy v) 51 (fifty-one) councilmen, in Municipalities with Nelson Marquezelli, Fourth Secretary. over 6,000,000 (six million) inhabitants and with up to 7,000,000 (seven million) inhabitants; THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator w) 53 (fifty-three) councilmen, in Municipalities with José Sarney, President – Senator Marconi Perillo, First over 7,000,000 (seven million) inhabitants and Vice-President – Senator Heráclito Fortes, Second Vi- with up to 8,000,000 (eight million) inhabitants; ce-President – Senator Mão Santa, Second Secretary and – Senator César Borges, Acting Fourth Secretary. x) 55 (fifty-five) councilmen, in Municipalities with Published in the Official Journal, September 24, 2009. over 8,000,000 (eight million) inhabitants; […]” CONSTITUTIONAL AMENDMENT No. 59, 2009 Article 2. Article 29-A of the Federal Constitution shall Adds paragragh 3 to article 76 of the Temporary Constitutional henceforth read as follows: Provisions Act, in order to effect a yearly reduction, as from “Article 29-A […] fiscal year 2009, of the percentage of the DRU mechanism to I – 7% (seven percent) in the case of Municipalities ha- de-earmark federal revenues calculated on the funds assigned ving up to 100,000 (one hundred thousand) inhabitants; to maintenance and development of education referred to in II – 6% (six percent) in the case of Municipalities having article 212 of the Federal Constitution; gives new wording to between 100,000 (one hundred thousand) and 300,000 items I and VII of article 208, so as to make basic education (three hundred thousand) inhabitants; mandatory for every individual from the age of four through the III – 5% (five percent) in the case of Municipalities age of seventeen, and to extend supplementary programs to all having between 300,001 (three hundred thousand and grades of basic education; and gives new wording to paragraph one) inhabitants and 500,000 (five hundred thousand) 4 of article 211, to paragraph 3 of article 212, and to the head inhabitants; paragraph of article 214, also adding item VI to article 214. IV – 4.5% (four and five tenths per cent) in the case The Directing Boards of the Chamber of Deputies and of Municipalities having between 500,001 (five hun- of the Federal Senate, under the terms of paragraph dred thousand and one) and 3,000,000 (three million) 3 of article 60 of the Federal Constitution, enact the inhabitants; following Amendment to the constitutional text: V – 4% (four percent) in the case of Municipalities having between 3,000,001 (three million and one) and Article 1. Items I and VII of article 208 of the Federal 8,000,000 (eight million) inhabitants; Constitution shall henceforth read as follows: “Article 208. […]

187 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition

I – mandatory basic education, free of charge, for to in article 212 of the Constitution, the percentage every individual from the age of 4 (four) through the mentioned in the head paragraph of this article shall age of 17 (seventeen), including the assurance of its be 12.5% (twelve and five tenths percent) in fiscal year free offer to all those who did not have access to it at 2009, 5% (five percent) in fiscal year 2010, and zero in the proper age; fiscal year 2011.” […] Article 6. The provisions of item I of article 208 of the VII – assistance to students in all grades of basic Federal Constitution shall be progressively implemented education, by means of supplementary programmes through the year 2016, under the terms of the National providing school materials, transportation, food, and Education Plan, with technical and financial support health care.” from the Federal Government. Article 2. Paragraph 4 of article 211 of the Federal Article 7. This Constitutional Amendment shall come Constitution shall henceforth read as follows: into force on the date of its publication. “Article 211. […] Paragraph 4. In the organization of respective educa- Brasília, November 11, 2009. tional systems, the Federal Government, the States, THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: the Federal District, and the Municipalities shall es- Deputy Michel Temer, Speaker – Deputy Marco Maia, tablish forms of cooperation, so as to guarantee the First Vice-President – Deputy Antônio Carlos Magalhães universalization of mandatory education.” Neto, Second Vice-President – Deputy Rafael Guerra, Article 3. Paragraph 3 of article 212 of the Federal First Secretary – Deputy Inocêncio Oliveira, Second Se- Constitution shall henceforth read as follows: cretary – Deputy Odair Cunha, Third Secretary – Deputy “Article 212. […] Nelson Marquezelli, Fourth Secretary. Paragraph 3. In the distribution of public funds, prio- THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator rity shall be given to the providing for the needs of José Sarney, President – Senator Marconi Perillo, First compulsory education, as regards universalization, Vice-President – Senator Serys Slhessarenko, Second assurance of quality standards, and equality, as set Vice-President – Senator Heráclito Fortes, First Secre- forth in the national education plan.” tary – Senator João Vicente Claudino, Second Secretary Article 4. The head paragraph of article 214 of the – Senator Mão Santa, Third Secretary – Senator César Federal Constitution shall henceforth read as follows, Borges, Acting Fourth Secretary. and shall include item VI: Published in the Official Journal, November 12, 2009. “Article 214. The law shall establish a ten-year national education plan, with a view to organizing the national CONSTITUTIONAL AMENDMENT No. 60, 2009 education system with the cooperation of States and Alters article 89 of the Temporary Constitutional Provisions Act Municipalities, as well as to defining implementation to provide for the civil servants and members of the uniformed directives, objectives, targets, and strategies so as to police force of the former federal Territory of Rondônia. ensure maintenance and development of teaching, at its various levels, grades, and modalities, by means of The Directing Boards of the Chamber of Deputies and integrated federal, State, and Municipal Government of the Federal Senate, under the terms of paragraph actions leading to 3 of article 60 of the Federal Constitution, enact the […] following Amendment to the constitutional text: VI – stipulation of an amount of public funds to be Article 1. Article 89 of the Temporary Constitutional invested in education as a proportion of the gross Provisions Act shall henceforth read as follows, whe- domestic product.” reas the payment, on any account, resulting from such Article 5. Article 76 of the Temporary Constitutional alteration, of reimbursements or compensation of any Provisions Act shall henceforth include the following nature regarding periods of time preceding the date paragraph 3: of publication of this Constitutional Amendment shall “Article 76. […] be forbidden: Paragraph 3. For purposes of calculating the funds for “Article 89. The members of the uniformed police force maintenance and development of education referred and local administration employees of the former federal

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Territory of Rondônia, who, in accordance with official CONSTITUTIONAL AMENDMENT No. 61, 2009 documents, were regularly exercising their functions and Alters Article 103-B of the Federal Constitution, to modify the rendering services to such former Territory at the time it membership of the National Council of Justice. was transformed into a State, as well as the employees The Directing Boards of the Chamber of Deputies and and uniformed police officers covered by the provisions of the Federal Senate, under the terms of paragraph of article 36 of Supplementary Law No. 41, December 22, 3 of article 60 of the Federal Constitution, enact the 1981, and those who were legally included in the Rondônia following Amendment to the constitutional text: State Government personnel up until March 15, 1987, that is, the date the first elected governor took office, shall be Article 1. Article 103-B of the Federal Constitution shall included, at their option, in a special job class to be eventually henceforth read as follows: terminated within the federal government services, being “Article 103-B. The National Council of Justice is compo- ensured of their specific rights and advantages, whereas sed of 15 (fifteen) members appointed for a two-year the payment, under any circumstances, of remuneration term of office, one reappointment being permitted, differences shall be forbidden. as follows: Paragraph 1. The members of the uniformed police I – the Chief Justice of the Federal Supreme Court; force shall continue rendering services to the State of […] Rondônia, in the quality of detailed personnel, subject Paragraph 1. The Council shall be presided over by to their respective uniformed police forces, with due the Chief Justice of the Federal Supreme Court and, in regard for the compatibility between the duties of their the event of his absence or impediment, by the most function and their rank in the hierarchy. senior Associate Justice of the Federal Supreme Court. Paragraph 2. The employees referred to in the head Paragraph 2. The other members of the Council shall paragraph shall continue rendering services to the State be appointed by the President of the Republic, after of Rondônia, in the quality of detailed personnel, up their nomination has been approved by the absolute until they are placed in a federal government entity, majority of the Federal Senate. associate government agency, or foundation.” […]”

Article 2. This Constitutional Amendment shall come Article 2. This Amendment shall come into force on the into force on the date of its publication, any kind of date of its publication. retroactive effects being forbidden. Brasília, November 11, 2009. Brasília, November 11, 2009. THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Deputy Michel Temer, Speaker – Deputy Marco Maia, Deputy Michel Temer, Speaker – Deputy Marco Maia, First Vice-President – Deputy Antônio Carlos Magalhães First Vice-President – Deputy Antônio Carlos Magalhães Neto, Second Vice-President – Deputy Rafael Guerra, Neto, Second Vice-President – Deputy Rafael Guerra, First Secretary – Deputy Inocêncio Oliveira, Second Se- First Secretary – Deputy Inocêncio Oliveira, Second Se- cretary – Deputy Odair Cunha, Third Secretary – Deputy cretary – Deputy Odair Cunha, Third Secretary – Deputy Nelson Marquezelli, Fourth Secretary. Nelson Marquezelli, Fourth Secretary. THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator José Sarney, President – Senator Marconi Perillo, First José Sarney, President – Senator Marconi Perillo, First Vice-President – Senator Serys Slhessarenko, Second Vice-President – Senator Serys Slhessarenko, Second Vice-President – Senator Heráclito Fortes, First Secre- Vice-President – Senator Heráclito Fortes, First Secre- tary – Senator João Vicente Claudino, Second Secretary tary – Senator João Vicente Claudino, Second Secretary – Senator Mão Santa, Third Secretary – Senator César – Senator Mão Santa, Third Secretary – Senator César Borges, Acting Fourth Secretary. Borges, Acting Fourth Secretary. Published in the Official Journal, November 12, 2009. Published in the Official Journal, November 12, 2009.

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CONSTITUTIONAL AMENDMENT No. 62, 2009 Paragraph 5. It is mandatory for the budgets of the Alters article 100 of the Federal Constitution and adds article 97 federating units to include the funds required for to the Temporary Constitutional Provisions Act, to establish a payment of debts arising from final and unappealable special regime for States, the Federal District, and Municipalities judicial decisions, stated in court orders submitted to effect court-ordered debt payments. until or on July 1, and payment shall be made before the close of the subsequent fiscal year, on which date The Directing Boards of the Chamber of Deputies and their amounts shall be adjusted for inflation. of the Federal Senate, under the terms of paragraph Paragraph 6. The budgetary allocations and the cre- 3 of article 60 of the Federal Constitution, enact the dits opened shall be assigned to the Judicial Power, it following Amendment to the constitutional text: being within the competence of the Presiding Judge Article 1. Article 100 of the Federal Constitution shall of the Court which rendered the decision of execution henceforth read as follows: to determine full payment and to authorize – upon “Article 100. Payments owed by the federal, State, Federal petition of a creditor and exclusively in the event that District, or Municipal treasuries, by virtue of a court his right of precedence is not respected or that the decision, shall be made exclusively in chronological amount necessary to satisfy the debt has not been set order of submission of court orders and charged to aside – attachment of the respective amount. the respective credits, it being forbidden to designate Paragraph 7. The Presiding Judge of the appropriate cases or persons in the budgetary appropriations and Court who, by means of an act or omission, delays or in the additional credits opened for such purpose. attempts to frustrate the regular payment of a court- Paragraph 1. Support-related debts include those -ordered debt shall be liable to crime of malversation arising from wages, salaries, pay, pensions, and their and shall also appear before the National Council of supplementations, social security benefits and com- Justice. pensation for death and disability, such compensation Paragraph 8. The issuance of a court order as a supple- being based on civil liability, by virtue of a final and mentation to or in addition to an amount already paid, unappealable judicial decision, and shall be paid before as well as the parceling, apportionment, or reduction any other debts, except those referred to in paragraph of the amount under execution – so that the provision 2 of this article. of paragraph 3 may be applied to a portion of the total Paragraph 2. Support-related debts owed to persons amount – are forbidden. aged 60 (sixty) or over on the date the respective court Paragraph 9. At the time a court order is issued, ir- order is issued, or to persons with serious diseases, as respective of the relevant regulation, there shall be defined by law, shall be paid before any other debts, deducted from such court order, for the purpose of a up to an amount equivalent to three times the amount set-off, an amount corresponding to clear legal debits, stipulated by law for the purposes of paragraph 3 of either registered or not under debts in execution and this article, parceling for such end being permitted, attributed to the original creditor by the Treasury in whereas the remaining amount shall be paid according debt, including future accruing installments of parce- to the chronological order of submission of respective lings, save for those whose execution has been stayed court order. by virtue of administrative or judicial challenge. Paragraph 3. The provision contained in the head Paragraph 10. Before a court order is issued, the rele- paragraph of this article, regarding the issuance of vant court shall request that the Treasury in debt must court orders, does not apply to obligations defined provide, within 30 (thirty) days, otherwise subject to by law as small amounts, which must be paid by the loss of the right to offset, information on the debits treasuries herein referred to by virtue of a final and which meet the conditions stipulated in paragraph 9, unappealable court decision. for the purposes set forth in said paragraph. Paragraph 4. For the purposes of the provision of Paragraph 11. In accordance with legislation of the paragraph 3, different amounts may be stipulated federating unit in debt, a creditor may employ court for the federating units through their own legislation order credits to purchase public property belonging and according to their various economic capabilities, to the respective federating unit. whereas the minimum amount shall be equal to the Paragraph 12. As from the date Constitutional Amend- amount of the highest benefit paid by the general ment No. 62 is enacted, the amounts stated in court Social Security scheme. orders, after such court orders are issued up until

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effective payment, irrespective of their nature, shall I – depositing the amount referred to in paragraph 2 be adjusted according to the official rate applied to of this article into a special account; or savings accounts, whereas, for the purpose of compen- II – adopting the special regime for a period of up to sation of delay in the payment, simple interest will be 15 (fifteen) years, in which case the percentage to applied at the same percentage of interest applied to be deposited into the special account referred to in savings accounts, the employment of compensatory paragraph 2 of this article shall be equivalent to the interest being excluded. total yearly balance of court-ordered debts, increased Paragraph 13. Creditors may assign their court order by the official rate applied to savings accounts and credits, in whole or in part, to third parties, irrespective by simple interest applied at the same percentage of of consent by the debtor, and the provisions of Para- interest applied to savings accounts for the purpose of graphs 2 and 3 shall not be applied to the assignee. compensation of delay in the payment – the employment Paragraph 14. Assignment of court order credits shall of compensatory interest being excluded, reduced by only produce effects after communication to the court any paid amount, and divided by the remaining number of origin and to the federating unit in debt by filing a of years in the special regime of payment. relevant petition. Paragraph 2. In order to pay up both its past due and Paragraph 15. Without prejudice to the provisions future accruing court-ordered debts through the special of this article, a supplementary law to this Federal regime, the States, the Federal District, and Munici- Constitution may establish a special regime for the palities in debt shall effect a monthly deposit into a payment of court-ordered debts owed by States, the special account created for such purpose, of 1/12 (one Federal District, and Municipalities, providing for ear- twelfth) of the amount calculated as a percentage of marked net current revenues and for payment term the respective net current revenues, as computed in and methods. the second month preceding the month of payment, Paragraph 16. The Federal Government may, at its own whereas such percentage, calculated at the time of discretion and under the terms of relevant law, take opting for the special regime and kept unchanged on debts resulting from court orders issued against through the end of the period referred to in paragraph a State, the Federal District, or a Municipality, and 14 of this article, shall be equal to: refinance them directly.” I – in the case of the States and of the Federal District: a) at least 1.5% (one whole and five tenths per Article 2. The Temporary Constitutional Provisions Act cent), for the States of the North, Northeast, and shall henceforth include the following article 97: Centre-West regions, in addition to the Federal “Article 97. Up until the supplementary law referred District, or for those States where the backlog to in paragraph 15 of article 100 of the Federal Cons- of court orders owed by their respective direct titution is enacted, the States, the Federal District, and indirect administration corresponds to up to and Municipalities which, on the date of enactment of 35% (thirty-five per cent) of the total net current Constitutional Amendment No. 62, have not yet effected revenues; payment of past due court-ordered debts regarding b) at least 2% (two per cent), for the States of the their respective direct and indirect administration, South and Southeast Regions, where the backlog including court orders issued during the period the of court orders owed by their respective direct special regime instituted by this article is in force, shall and indirect administration corresponds to over effect such payments in accordance with the rules set 35% (thirty-five per cent) of the net current forth in this article, whereas the provisions of article revenues; 100 of this Federal Constitution shall not be applicable, II – in the case of Municipalities: save for its paragraphs 2, 3, 9, 10, 11, 12, 13, and 14, and a) at least 1% (one per cent), for Municipalities of without prejudice to conciliation agreements already the North, Northeast, and Centre-West regions, formalized by the date of publication of Constitutional or for those Municipalities where the backlog Amendment No. 62. of court orders owed by their respective direct Paragraph 1. The States, the Federal District, and and indirect administration corresponds to up Municipalities subject to the special regime set forth to 35% (thirty-five per cent) of the net current in this article shall, by means of an Executive Power revenues; act, opt for either:

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b) at least 1.5% (one whole and five tenths per cent), II – payment in cash of court orders not paid up under for Municipalities of the South and Southeast the terms of paragraph 6 and of item I, in a single, Regions, where the backlog of court orders owed increasing order of respective amounts; by their respective direct and indirect adminis- III – payment through direct agreement with creditors, tration corresponds to over 35% (thirty-five per under the terms of law specific to each federating unit cent) of the net current revenues. in debt, which may provide for the establishment and Paragraph 3. For the purposes of this article, net cur- mode of operation of conciliation panels. rent revenues mean the total sum of tax, industry, and Paragraph 9. The following shall apply to the auctions agriculture revenues, property income, revenues from referred to in item I of paragraph 8 of this article: contributions and from services, current transfers, and I – auctions shall be carried out through an electronic other current revenues, including those deriving from system managed by an entity authorized by the Bra- paragraph 1 of article 20 of the Federal Constitution, zilian Securities and Exchange Commission (CVM) or such total sum being computed in the period including by the Central Bank of Brazil; the reference month and the 11 (eleven) preceding II – court orders – or a installment of a court order months, excluding any double counting but at the amount as designated by its holder – with respect to same time deducting: which no appeal or challenge of any nature whatsoever I – in the case of the States, the portions remitted to is pending within the Judicial Power shall be qualified the Municipalities as set forth by the Constitution; to take part in an auction, whereas, at the initiative II – in the case of the States, the Federal District, and of the Executive Power, it will be permitted to offset Municipalities, the contribution paid by respective court-order debt payments against clear legal debits, employees to fund their own social security and social either registered or not under debts in execution and assistance system, as well as revenues deriving from attributed to the original debtor by the Treasury in debt the financial offsetting referred to in paragraph 9 of up to the date of issuance of respective court order, article 201 of the Federal Constitution. save for those whose enforceability has been stayed Paragraph 4. The special accounts referred to in pa- under the terms of the law, or which have already been ragraphs 1 and 2 shall be managed by the respective subject to deduction under the terms of paragraph 9 Court of Justice, for payment of judicial orders issued of article 100 of the Federal Constitution; by courts. III – auctions will be effected through public offer to Paragraph 5. The funds deposited into the special all creditors qualified by the respective federating accounts referred to in paragraphs 1 and 2 of this unit in debt; article may not be returned to the States, the Federal IV – any creditor who meets the requirements of item District, and Municipalities in debt. II shall be considered automatically qualified; Paragraph 6. At least 50% (fifty per cent) of the funds V – auctions shall be carried out as many times as referred to in paragraphs 1 and 2 of this article shall be necessary to meet the available amount; used to pay court orders according to their chronological VI – inclusion of an installment of the total amount order of submission, with due regard for the priorities in an auction will be effected at the discretion of defined in paragraph 1 of article 100 – in the case of respective creditor, at an abatement in the amount court orders of one same year, and in paragraph 2 – in of the installment; the case of court orders of all years. VII – auctions shall take the form of debt abatement, Paragraph 7. If it is not possible to ascertain the chrono- associated with the largest volume offered – either logical priority between 2 (two) court orders, the court cumulated or not with the highest percentage of abate- order stating the smallest amount shall be paid first. ment, according to the highest percentage of abatement, Paragraph 8. The employment of the remaining funds in which case the maximum amount per creditor may shall depend on option to be effected by the States, be stipulated, or according to another criterion to be the Federal District, and Municipalities in debt, through defined in a public call notice; an Executive Power act, in accordance with the follo- VIII – the price formation mechanism shall be stated in wing modes, which may be applied either separately the public call notices issued for each auction; or simultaneously: IX – the payment in part of a court order shall be ratified I – payment of court orders by means of auctions; by the court which issued said court order.

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Paragraph 10. Should the funds referred to in item II of I – 40 (forty) monthly minimum wages in the case of paragraph 1 and in paragraphs 2 and 6 of this article States and the Federal District; not be made available in due time: II – 30 (thirty) monthly minimum wages in the case of I – there shall be effected attachment of the relevant Municipalities. amount in the accounts belonging to the States, the Paragraph 13. During the period in which the States, Federal District, and Municipalities in debt, by order of the Federal District, and Municipalities in debt are the Presiding Judge of the Court referred to in paragraph effecting payment of court orders through the spe- 4, up to the limit of the amount not made available; cial regime, they may not be subject to attachment of II – there shall be established, as an alternative, by amounts, except when the funds referred to in item II order of the Presiding Judge of the relevant Court, in of paragraph 1 and in paragraph 2 of this article are favor of creditors of court orders, against the States, not made available in due time. the Federal District, and Municipalities in debt, a Paragraph 14. The special regime for payment of court clear legal right – self-enforceable and irrespective orders set forth in item I of paragraph 1 of this article of regulation – to automatic offsetting against clear shall be in force for as long as the amount of court- debits attributed to said creditors by such debtors, -ordered debts is higher than the amount of funds whereas, there being a balance in favor of a creditor, earmarked under the terms of paragraph 2 of this such amount shall automatically be deductible from article, or for a fixed period of 15 (fifteen) years in the the taxes owed to the States, the Federal District, case of the option referred to in item II of paragraph 1. and Municipalities in debt, up to the offsetting limits; Paragraph 15. Court-ordered debts divided into ins- III – the head of respective Executive Power shall be tallments under the terms of article 33 or article 78 held liable under the terms of the legislation on fiscal of this Temporary Constitutional Provisions Act and responsibility and administrative dishonesty; whose payment is still pending shall be included in IV – for as long as non-compliance prevails, the fede- the special regime with the amount of all pending rating unit in debt: installments being updated, whereas the balance of a) shall not be allowed to raise loans at home or any judicial and extrajudicial agreements shall also abroad; be included in the special regime. b) shall not be entitled to receive voluntary transfers; Paragraph 16. As from the date Constitutional Amend- V – the Federal Government shall not effect the rement No. 62 is enacted, the amounts stated in court mittances regarding the Revenue Sharing Fund of the orders, up until effective payment, irrespective of their States and the Federal District and the Revenue Sharing nature, shall be adjusted according to the official rate Fund of Municipalities, depositing them instead into applied to savings accounts, whereas, for the purpo- the special accounts referred to in paragraph 1 of this se of compensation of delay in the payment, simple article, whereas the employment of such amounts must interest will be applied at the same percentage of comply with paragraph 5 of this article. interest applied to savings accounts, the employment Paragraph 11. As regards a court order concerning of compensatory interest being excluded. several creditors in a joinder of parties, the court of Paragraph 17. While the special regime is in force, any origin of said court order may dismember the total amount in excess of the limit set forth in paragraph 2 amount per creditor, and each creditor may participate of article 100 of the Federal Constitution shall be paid in an auction with the total amount such creditor is in accordance with paragraphs 6 and 7 or with items entitled to, the rule set forth in paragraph 3 of article I, II, and III of paragraph 8 of this article, whereas the 100 of the Federal Constitution not being applicable amounts used to meet the provision of paragraph 2 of to such case. article 100 of the Federal Constitution shall be com- Paragraph 12. Should the legislation referred to in pa- puted for the purposes of paragraph 6 of this article. ragraph 4 of article 100 not be enacted within 180 (one Paragraph 18. While the special regime referred to in hundred and eighty) days as from the date of enactment this article is in effect, the original holders of court of Constitutional Amendment No. 62, the following orders who have reached the age of 60 (sixty) years old amounts shall prevail for the relevant purposes, for by the date of enactment of Constitutional Amendment the States, the Federal District, and Municipalities in No. 62 shall also be entitled to the priority referred debt which have failed to regulate the matter: to in paragraph 6.”

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Article 3. The payment regime created by article 97 of CONSTITUTIONAL AMENDMENT No. 63, 2010 the Temporary Constitutional Provisions Act shall be Alters paragraph 5 of article 198 of the Federal Constitution, implemented within 90 (ninety days) as from the date to provide for a nationwide professional minimum salary and of enactment of this Constitutional Amendment No. 62. guidelines for the Career Schemes of community health workers and endemic disease control agents. Article 4. A federating unit shall obey only the provisions of article 100 of the Federal Constitution: The Directing Boards of the Chamber of Deputies and I – in the case of option for the system set forth in of the Federal Senate, under the terms of paragraph item I of paragraph 1 of article 97 of the Temporary 3 of article 60 of the Federal Constitution, enact the Constitutional Provisions Act, should the amount of following Amendment to the constitutional text: court-ordered debts be lower than the amount of funds Article 1. Paragraph 5 of article 198 of the Federal earmarked to pay them; Constitution shall henceforth read as follows: II – in the case of option for the system set forth in “Article 198. […] item II of paragraph 1 of article 97 of the Temporary Paragraph 5. Federal legislation shall provide for the Constitutional Provisions Act, upon expiration of rele- legal regime, a nationwide professional minimum salary, vant period. the guidelines for Career Schemes, and the regulation Article 5. Any assignment of court order credits effected of activities of community health workers and ende- before the enactment of this Constitutional Amendment mic disease control agents, and it shall be incumbent No. 62, irrespective of consent by the federating unit upon the Federal Government, under the terms of the in debt, is hereby confirmed. law, to provide supplementary financial support to the States, the Federal District, and Municipalities, to Article 6. Any offsetting of court-ordered debt payments achieve compliance with said minimum salary. against taxes owed to a debtor federating unit and due […]” up to October 31, 2009, effected under the terms of paragraph 2 of article 78 of the Temporary Constitu- Article 2. This Amendment shall come into force on the tional Provisions Act, and before the enactment of this date of its publication. Constitutional Amendment No. 62, is hereby confirmed. Brasília, February 4, 2010. Article 7. This Constitutional Amendment shall come THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: into force on the date of its publication. Deputy Michel Temer, Speaker – Deputy Marco Maia, Brasília, December 9, 2009. First Vice-President – Deputy Antônio Carlos Magalhães Neto, Second Vice-President – Deputy Rafael Guerra, THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: First Secretary – Deputy Inocêncio Oliveira, Second Se- Deputy Michel Temer, Speaker – Deputy Marco Maia, cretary – Deputy Odair Cunha, Third Secretary – Deputy First Vice-President – Deputy Antônio Carlos Magalhães Nelson Marquezelli, Fourth Secretary. Neto, Second Vice-President – Deputy Rafael Guerra, First Secretary – Deputy Inocêncio Oliveira, Second Se- THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator cretary – Deputy Odair Cunha, Third Secretary – Deputy José Sarney, President – Senator Marconi Perillo, First Nelson Marquezelli, Fourth Secretary. Vice-President – Senator Serys Slhessarenko, Second Vice-President – Senator Heráclito Fortes, First Secre- THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator tary – Senator João Vicente Claudino, Second Secretary Marconi Perillo, First Vice-President, Acting President – Senator Mão Santa, Third Secretary – Senator Patrícia – Senator Serys Slhessarenko, Second Vice-President Saboya, Acting Fourth Secretary. – Senator Heráclito Fortes, First Secretary – Senator João Vicente Claudino, Second Secretary – Senator Mão Published in the Official Journal, February 5, 2010. Santa, Third Secretary – Senator Patrícia Saboya, Acting Fourth Secretary. CONSTITUTIONAL AMENDMENT No. 64, 2010 Changes the wording of article 6 of the Federal Constitution, Published in the Official Journal, December 10, 2009. to include food as a social right.

The Directing Boards of the Chamber of Deputies and of the Federal Senate, under the terms of paragraph

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3 of article 60 of the Federal Constitution, enact the of negligence, discrimination, exploitation, violence, following Amendment to the constitutional text: cruelty, and oppression. Paragraph 1. The State shall promote full health as- Article 1. Article 6 of the Federal Constitution shall sistance programmes for children, adolescents, and henceforth read as follows: young people, the participation of non-governmental “Article 6. Education, health, food, work, housing, leisure, entities being allowed, by means of specific policies security, social security, protection of motherhood and and with due regard to the following precepts: childhood, and assistance to the destitute are social […] rights, as set forth by this Constitution.” II – creation of preventive and specialized care pro- Article 2. This Amendment shall come into force on the grammes for persons with physical, sensory, or mental date of its publication. disabilities, as well as programmes for the social integration of disabled adolescents and young people, by Brasília, February 4, 2010. means of training for a profession and for community THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: life and by means of enhanced access to communal Deputy Michel Temer, Speaker – Deputy Marco Maia, facilities and services, including the elimination of First Vice-President – Deputy Antônio Carlos Magalhães architectural barriers and all forms of discrimination. Neto, Second Vice-President – Deputy Rafael Guerra, […] First Secretary – Deputy Inocêncio Oliveira, Second Se- Paragraph 3. […] cretary – Deputy Odair Cunha, Third Secretary – Deputy III – guarantee of access to school for adolescent and Nelson Marquezelli, Fourth Secretary. young workers; […] THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator VII – preventive and specialized care programmes for José Sarney, President – Senator Marconi Perillo, First children, adolescents, and young people addicted to Vice-President – Senator Serys Slhessarenko, Second narcotics or related drugs. Vice-President – Senator Heráclito Fortes, First Secre- […] tary – Senator João Vicente Claudino, Second Secretary Paragraph 8. The law shall establish: – Senator Mão Santa, Third Secretary – Senator Patrícia I – a young people’s statute, for the purpose of regu- Saboya, Acting Fourth Secretary. lating young people’s rights; Published in the Official Journal, February 5, 2010. II – a ten-year national plan for young people, aimed at coordinating the work of the various levels of go- CONSTITUTIONAL AMENDMENT No. 65, 2010 vernment in the implementation of public policies.” Changes the name of Chapter VII of Title VIII of the Federal Article 3. This Constitutional Amendment shall come Constitution and alters article 227 so as to protect the interests into force on the date of its publication. of youth. Brasília, July 13, 2010. The Directing Boards of the Chamber of Deputies and of the Federal Senate, under the terms of article 60, of the THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Federal Constitution, enact the following Amendment Deputy Michel Temer, President – Deputy Marco Maia, to the constitutional text: First Vice-President – Deputy Rafael Guerra, First Se- cretary – Deputy Nelson Marquezelli, Fourth Secretary Article 1. Chapter VII of Title VIII of the Federal Cons- – Deputy Marcelo Ortiz, First Substitute Secretary. titution shall henceforth be entitled “Family, Children, Adolescents, Young People, and the Elderly”. THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator José Sarney, President Senator Heráclito Fortes, First Article 2. Article 227 of the Federal Constitution shall Secretary – Senator João Vicente Claudino, Second henceforth read as follows: Secretary – Senator Mão Santa, Third Secretary – Se- “Article 227. It is the duty of the family, society, and nator César Broges, First Substitute Secretary – Senator the State to ensure children, adolescents, and young Adelmir Santana, Second Substitute Secretary – Senator people, with absolute priority, the right to life, health, Gerson Camata, Fourth Substitute Secretary. nourishment, education, leisure, professional training, culture, dignity, respect, freedom, and family and Published in the Official Journal, July 14, 2010. community life, as well as to guard them from all forms

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CONSTITUTIONAL AMENDMENT No. 66, 2010 Article 2. This Amendment shall come into force on the Gives new wording to paragraph 6 of article 226 of the Federal date of its publication. Constitution, which provides for the dissolution of civil marriage Brasília, December 22, 2010. by divorce, thus eliminating the requirement of prior legal separation for more than 1 (one) year or proven de facto THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: separation for more than 2 (two) years. Deputy Marco Maia, President – Deputy Antonio Carlos Magalhães Neto, Second Vice-President – Deputy Odair The Directing Boards of the Chamber of Deputies and of Cunha, Third Secretary – Deputy Nelson Marquezelli, the Federal Senate, under the terms of article 60 of the Fourth Secretary. Federal Constitution, enact the following Amendment to the constitutional text: THE DIRECTING BOARD OF THE FEDERAL SENATE: Sena- tor José Sarney, President Senator Serys Slhessarenko, Article 1. Paragraph 6 of article 226 of the Federal Second Vice-President – Senator Heráclito Fortes, First Constitution shall henceforth read as follows: Secretary – Senator Mão Santa, Third Secretary. “Article 226. […] Paragraph 6. Civil marriage may be dissolved by divorce.” Published in the Official Journal, December 23, 2010.

Article 2. This Constitutional Amendment shall come CONSTITUTIONAL AMENDMENT No. 68, 2011 into force on the date of its publication. Alters article 76 of the Temporary Constitutional Provisions Act Brasília, July 13, 2010. The Directing Boards of the Chamber of Deputies and THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: of the Federal Senate, under the terms of paragraph Deputy Michel Temer, President – Deputy Marco Maia, 3 of article 60 of the Federal Constitution, enact the First Vice-President – Deputy Rafael Guerra, First Se- following Amendment to the constitutional text: cretary – Deputy Nelson Marquezelli, Fourth Secretary Article 1. Article 76 of the Temporary Constitutional – Deputy Marcelo Ortiz, First Substitute Secretary. Provisions Act shall henceforth read as follows: THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator “Article 76. Twenty percent (20%) of the proceeds from José Sarney, President Senator Heráclito Fortes, First the collection by the Union of taxes, social contributions, Secretary – Senator João Vicente Claudino, Second Se- and contributions for intervention in the economic cretary – Senator Mão Santa, Third Secretary – Senator domain, already instituted or that may be instituted Adelmir Santana, Second Substitute Secretary – Senator by December 31, 2015, as well as their additional taxes Gerson Camata, Fourth Substitute Secretary. and respective legal increases, shall not be earmarked to any agency, fund, or expense in the said period. Published in the Official Journal, July 14, 2010. Paragraph 1. The provision of the head paragraph of CONSTITUTIONAL AMENDMENT No. 67, 2010 this article shall not reduce the assessment basis of the transfers to the States, the Federal District, and the Extends the period of effect of the Fund to Fight and Eradicate Municipalities, under the terms of paragraph 5 of article Poverty for an indefinite time. 153, item I of article 157, items I and II of article 158, The Directing Boards of the Chamber of Deputies and and subitems a, b, and d of item I and item II of article of the Federal Senate, under the terms of paragraph 159 of the Federal Constitution, neither the assess- 3 of article 60 of the Federal Constitution, enact the ment basis of the remittances mentioned in subitem following Amendment to the constitutional text: c of item I of article 159 of the Federal Constitution. Paragraph 2. The proceeds from the collection of the Article 1. The period of effect of the Fund to Fight and social contribution for education mentioned in para- Eradicate Poverty referred to in the head paragraph of graph 5 of article 212 of the Federal Constitution shall article 79 of the Temporary Constitutional Provisions be excepted from the provision of the head paragraph Act, as well as the period of effect of Supplementary of this article. Law No. 111, July 6, 2001, which “Provides for the Fund Paragraph 3. For purposes of calculating the funds for to Fight and Eradicate Poverty, as set forth in Articles maintenance and development of education refer- 79, 80, and 81 of the Temporary Constitutional Provi- red to in article 212 of the Federal Constitution, the sions Act”, are hereby extended for an indefinite time.

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percentage mentioned in the head paragraph of this judicial organization as well as organization of the article shall be zero.” Public Prosecution of the Federal District; […]” Article 2. This Amendment shall come into force on the date of its publication. Article 2. Without prejudice to the precepts established in the Organic Law of the Federal District, the Brasília, December 21, 2011. same principles and rules that govern the Public Legal THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Defense of the States, under the terms of the Federal Deputy Marco Maia, President – Deputy Rose de Freitas, Constitution, are applicable to the Public Legal Defense First Vice-President – Deputy Eduardo da Fonte, Second of the Federal District. Vice-President – Deputy Eduardo Gomes, First Secre- Article 3. The National Congress and the Legislative tary – Deputy Jorge Tadeu Mudalen, Second Secretary Chamber of the Federal District, immediately after the – Deputy Inocêncio Oliveira, Third Secretary. enactment of this Constitutional Amendment, and in THE DIRECTING BOARD OF THE FEDERAL SENATE: Se- accordance with their competences, shall install select nator José Sarney, President Senator Marta Suplicy, committees to prepare, within 60 (sixty) days, the neces- First Vice-President – Senator Waldemir Moka, Second sary bills of law for the adjustment of subconstitutional Vice-President – Senator Cícero Lucena, First Secretary legislation to the matter dealt with herein. – Senator João Ribeiro, Second Secretary – Senator Article 4. This Constitutional Amendment shall come João Vicente Claudino, Third Secretary – Senator Ciro into force on the date of its publication, and it shall Nogueira, Fourth Secretary. produce effects arising from the provisions of article Published in the Official Journal, December 22, 2011. 1 starting 120 (one hundred and twenty) days after its official publication. CONSTITUTIONAL AMENDMENT No. 69, 2012 Brasília, March 29, 2012. Alters articles 21, 22, and 48 of the Federal Constitution, with a view to transferring from the Federal Government to the Federal THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: District the duties to organize and maintain the Public Legal Deputy Marco Maia, President – Deputy Rose de Freitas, Defense of the Federal District. First Vice-President – Deputy Eduardo da Fonte, Second Vice-President – Deputy Eduardo Gomes, First Secre- The Directing Boards of the Chamber of Deputies and of tary – Deputy Jorge Tadeu Mudalen, Second Secretary the Federal Senate, under the terms of article 60 of the – Deputy Inocêncio Oliveira, Third Secretary, Deputy Federal Constitution, enact the following Amendment Júlio Delgado – Fourth Secretary. to the constitutional text: THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator Article 1. Articles 21, 22, and 48 of the Federal Consti- José Sarney – President – Senator Marta Suplicy, First tution shall henceforth read as follows: Vice-President – Senator Waldemir Moka, Second Vi- “Article 21. […] ce-President – Senator Cícero Lucena, First Secretary XIII – organize and maintain the Judicial Power, the Public – Senator João Ribeiro, Second Secretary – Senator Prosecution of the Federal District and of the Territo- João Vicente Claudino, Third Secretary – Senator Ciro ries, and the Public Legal Defense of the Territories; Nogueira, Fourth Secretary. […]” “Article 22. […] Published in the Official Journal, March 30, 2012. XVII – the judicial organization, the organization of the Public Prosecution of the Federal District and of CONSTITUTIONAL AMENDMENT No. 70, 2012 the Territories and of the Public Legal Defense of the Adds article 6-A to Constitutional Amendment No. 41, 2003, Territories, as well as their administrative organization; to establish criteria for the calculation and adjustment of […]” disability retirement pensions of government employees who “Article 48. […] entered public administration before the date of publication IX – administrative and judicial organization, orga- of that Constitutional Amendment. nization of the Public Prosecution and of the Public The Directing Boards of the Chamber of Deputies and Legal Defense of the Union and of the Territories, and of the Federal Senate, under the terms of paragraph

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3 of article 60 of the Federal Constitution, enact the First Vice-President – Senator Waldemir Moka, Second following Amendment to the constitutional text: Vice-President – Senator Cícero Lucena, First Secretary – Senator João Ribeiro, Second Secretary – Senator Article 1. Constitutional Amendment No. 41, of Decem- João Vicente Claudino, Third Secretary – Senator Ciro ber 19, 2003, shall henceforth include the following Nogueira, Fourth Secretary. article 6-A: “Article 6-A. Any employee of the Union, the States, the Published in the Official Journal, March 30, 2012. Federal District, and the Municipalities, therein included their associate government agencies and foundations, CONSTITUTIONAL AMENDMENT No. 71, 2012 who has entered public administration before the date Adds article 216-A to the Federal Constitution with a view to of publication of this Constitutional Amendment, and creating the National Culture System. who has retired or may eventually retire on account The Directing Boards of the Chamber of Deputies and of permanent disability, under item I of paragraph 1 of the Federal Senate, under the terms of paragraph of article 40 of the Federal Constitution, is entitled to 3 of article 60 of the Federal Constitution, enact the receive a retirement pension calculated in accordance following Amendment to the constitutional text: with the remuneration of the effective post from which such employee retires, under the terms of the law, Article 1. The Federal Constitution shall henceforth whereas the provisions of paragraphs 3, 8, and 17 of include the following article 216-A: article 40 of the Federal Constitution shall not apply. “Article 216-A. The National Culture System, organized Sole paragraph. The provision of article 7 of this Cons- within a framework of cooperation, in a decentralized titutional Amendment shall apply to the amount of a and participatory manner, institutes a process of joint retirement pension granted in accordance with the management and promotion of cultural policies, which head paragraph of this article, and the same revision shall be democratic and permanent, and agreed upon criterion shall be applied to pensions deriving from by the units of the Federation and society, aiming at retirement pensions paid to such employees.” fostering human, social, and economic development, with full exercise of cultural rights. Article 2. The Union, the States, the Federal District, and Paragraph 1. The National Culture System is founded the Municipalities, as well as their associate government on the national cultural policy and on its guidelines, agencies and foundations, shall, within 180 (one hun- established in the National Culture Plan, and shall dred and eighty days) as of the date this Constitutional obey the following principles: Amendment comes into force, effect the revision of re- I – diversity of cultural expressions; tirement pensions, and of pensions deriving therefrom, II – universal access to cultural goods and services; granted as of January 1, 2004, in accordance with the III – promotion of production, diffusion, and circulation new wording given to paragraph 1 of article 40 of the of cultural knowledge and goods; Federal Constitution by Constitutional Amendment No. IV – cooperation among the units of the Federation, 20, of December 15, 1998, with financial effects as of the and the public and private agents working in the date of enactment of this Constitutional Amendment. cultural area; Article 3. This Constitutional Amendment shall come V – integration and interaction in the implementation into force on the date of its publication. of policies, programs, projects, and actions developed; VI – complementary roles for cultural agents; Brasília, March 29, 2012. VII – cross-cutting cultural policies; THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: VIII – autonomy for the units of the Federation and for Deputy Marco Maia, President – Deputy Rose de Freitas, civil society institutions; First Vice-President – Deputy Eduardo da Fonte, Second IX – transparency and sharing of information; Vice-President – Deputy Eduardo Gomes, First Secre- X – democratized decision-making processes, with tary – Deputy Jorge Tadeu Mudalen, Second Secretary social participation and control; – Deputy Inocêncio Oliveira, Third Secretary, Deputy XI – coordinated and agreed-upon decentralization of Júlio Delgado – Fourth Secretary. management, resources, and actions; XII – gradual increase of funds earmarked for culture THE DIRECTING BOARD OF THE FEDERAL SENATE: Se- in public budgets. nator José Sarney, President – Senator Marta Suplicy,

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Paragraph 2. The following make up the structure of Sole paragraph. The category of domestic workers the National Culture System in the respective levels is ensured of the rights set forth in items IV, VI, VII, of the Federation: VIII, X, XIII, XV, XVI, XVII, XVIII, XIX, XXI, XXII, XXIV, XXVI, I – culture managing bodies; XXX, XXXI, and XXXIII, and, observing the conditions II – cultural policy boards; established by law and with due regard for simplified III – culture conferences; compliance with both primary and ancillary tax obli- IV – intermanagerial committees; gations arising from labour relations and from their V – culture plans; peculiarities, also of those rights set forth in items I, VI – culture funding systems; II, III, IX, XII, XXV, and XXVIII, as well as of integration VII – cultural information and indicator systems; in the Social Security system.” VIII – training programs in the area of culture; and Brasília, April 2, 2013. IX – sectoral culture systems. Paragraph 3. A federal law shall provide for the regu- THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: lation of the National Culture System, as well as of its Deputy Henrique Eduardo Alves, President – Deputy coordination with other national systems or govern- André Vargas, First Vice-President – Deputy Fábio Faria, mental sector policies. Second Vice-President – Deputy Simão Sessim, Second Paragraph 4. The States, the Federal District, and the Secretary – Deputy Maurício Quintella Lessa, Third Se- Municipalities shall organize their respective culture cretary – Deputy Antonio Carlos Biffi, Fourth Secretary. systems in appropriate legislation.” THE DIRECTING BOARD OF THE FEDERAL SENATE: Sena- Article 2. This Amendment shall come into force on the tor Renan Calheiros, President – Senator Jorge Viana, date of its publication. First Vice-President – Senator Romero Jucá, Second Vice-President – Senator Flexa Ribeiro, First Secretary Brasília, November 29, 2012. – Senator Angela Portela, Second Secretary – Senator THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Ciro Nogueira, Third Secretary – Senator João Vicente Deputy Marco Maia, President – Deputy Rose de Frei- Claudino, Fourth Secretary tas, First Vice-President – Deputy Eduardo da Fonte, Published in the Official Journal, April 3, 2013. Second Vice-President – Deputy Eduardo Gomes, First Secretary – Deputy Inocêncio Oliveira, Third Secretary, CONSTITUTIONAL AMENDMENT No. 73, 2013 Deputy Júlio Delgado – Fourth Secretary. Creates the Federal Regional Courts of Justice of the 6th, 7th, THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator 8th, and 9th Regions. José Sarney, President – Senator Waldemir Moka, Second The Directing Boards of the Chamber of Deputies and Vice-President – Senator Cícero Lucena, First Secretary – of the Federal Senate, under the terms of paragraph Senator João Vicente Claudino, Third Secretary – Senator 3 of article 60 of the Federal Constitution, enact the Ciro Nogueira, Fourth Secretary. following Amendment to the constitutional text: Published in the Official Journal, November 30, 2012. Article 1. Article 27 of the Temporary Constitutional CONSTITUTIONAL AMENDMENT No. 72, 2013 Provisions Act shall henceforth include the following paragraph 11: Alters the wording of the sole paragraph of article 7 of the “Article 27. […] Federal Constitution so as to establish equality of labour rights Paragraph 11. The following Federal Regional Courts of among domestic workers and other urban and rural workers. Justice are also hereby created: the Federal Regional The Directing Boards of the Chamber of Deputies and Court of the 6th Region, with seat in Curitiba, state of of the Federal Senate, under the terms of paragraph Paraná, and jurisdiction over the States of Paraná, Santa 3 of article 60 of the Federal Constitution, enact the Catarina, and Mato Grosso do Sul; the Federal Regional following Amendment to the constitutional text: Court of the 7th Region, with seat in Belo Horizonte, State of Minas Gerais, and jurisdiction over the State Sole Article. The sole paragraph of article 7 of the of Minas Gerais; the Federal Regional Court of the Federal Constitution shall henceforth read as follows: 8th Region, with seat in Salvador, State of Bahia, and “Article 7. […] jurisdiction over the States of Bahia and Sergipe; and

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the Federal Regional Court of the 9th Region, with seat – Deputy Maurício Quintella Lessa, Third Secretary – in Manaus, State of Amazonas, and jurisdiction over Deputy Antonio Carlos Biffi, Fourth Secretary the States of Amazonas, Acre, Rondônia, and Roraima.” THE DIRECTING BOARD OF THE FEDERAL SENATE: Sena- Article 2. The Federal Regional Courts of Justice of the tor Renan Calheiros, President – Senator Jorge Viana, 6th, 7th, 8th, and 9th Regions shall be installed within First Vice-President – Senator Romero Jucá, Second 6 (six) months as from the date this Constitutional Vice-President – Senator Flexa Ribeiro, First Secretary Amendment is enacted. – Senator Angela Portela, Second Secretary – Senator Ciro Nogueira, Third Secretary – Senator João Vicente Article 3. This Constitutional Amendment shall come Claudino, Fourth Secretary into force on the date of its publication. Published in the Official Journal, August 7, 2013. Brasília, June 6, 2013.

THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: CONSTITUTIONAL AMENDMENT No. 75, 2013 Deputy André Vargas, First Vice-President, Acting Presi- Adds subitem e to item VI of article 150 of the Federal Constitution, dent – Deputy Fábio Faria, Second Vice-President – De- establishing tax exemption for musical phonograms and puty Simão Sessin, Second Secretary – Deputy Maurício videophonograms produced in Brazil containing musical works Quintella Lessa, Third Secretary – Deputy Antonio Carlos or literary-musical works by Brazilian authors and/or works in Biffi, Fourth Secretary – Deputy Gonzaga Patriota, First general interpreted by Brazilian artists, as well as the physical Substitute Secretary. media or digital files containing such works.

THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator The Directing Boards of the Chamber of Deputies and Romero Jucá, Second Vice-President, Acting President of the Federal Senate, under the terms of paragraph – Senator Flexa Ribeiro, First Secretary – Senator Mag- 3 of article 60 of the Federal Constitution, enact the no Malta, First Substitute Secretary – Senator Jayme following Amendment to the constitutional text: Campos, Second Substitute Secretary Article 1. Item VI of article 150 of the Federal Constitu- Published in the Official Journal, June 7, 2013. tion shall henceforth include the following subitem e: “Article 150. […] CONSTITUTIONAL AMENDMENT No. 74, 2013 VI – […] Alters article 134 of the Federal Constitution. e) musical phonograms and videophonograms produced in Brazil containing musical works The Directing Boards of the Chamber of Deputies and of or literary-musical works by Brazilian authors the Federal Senate, under the terms of article 3 of the and/or works in general interpreted by Brazilian Federal Constitution, enact the following Amendment artists, as well as the physical media or digital to the constitutional text: files containing such works, except in the stage Article 1. Article 134 of the Federal Constitution shall of industrial replication of laser-readable optical henceforth include the following paragraph 3: media. “Article 134. […] […]” Paragraph 3. The provisions of paragraph 2 shall apply Article 2. This Amendment shall come into force on the to the Public Legal Defense of the Union and to that date of its publication. of the Federal District.” Brasília, October 15, 2013. Article 2. This Amendment shall come into force on the date of its publication. THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Deputy Henrique Eduardo Alves, President – Deputy Brasília, August 6, 2013. André Vargas, First Vice-President – Deputy Fábio Faria, THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Second Vice-President – Deputy Márcio Bittar, First Deputy Henrique Eduardo Alves, President – Deputy Secretary – Deputy Simão Sessin, Second Secretary André Vargas, First Vice-President – Deputy Fábio Faria, – Deputy Maurício Quintella Lessa, Third Secretary – Second Vice-President – Deputy Márcio Bittar, First Deputy Antonio Carlos Biffi, Fourth Secretary. Secretary – Deputy Simão Sessin, Second Secretary

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THE DIRECTING BOARD OF THE FEDERAL SENATE: Sena- Vicente Claudino, Fourth Secretary – Senator Casildo tor Renan Calheiros, President – Senator Jorge Viana, Maldaner, Fourth Substitute. First Vice-President – Senator Romero Jucá, Second Published in the Official Journal, November 29, 2013. Vice-President – Senator Flexa Ribeiro, First Secretary – Senator Angela Portela, Second Secretary – Senator CONSTITUTIONAL AMENDMENT No. 77, 2014 Ciro Nogueira, Third Secretary Alters items II, III, and VIII of paragraph 3 of article 142 of the Published in the Official Journal, October 16, 2013. Federal Constitution, so as to extend to healthcare professionals of the Armed Forces the possibility of accumulation of offices CONSTITUTIONAL AMENDMENT No. 76, 2013 referred to in article 37, item XVI, subitem c. Alters paragraph 2 of article 55 and paragraph 4 of article 66 The Directing Boards of the Chamber of Deputies and of the Federal Constitution, so as to abolish secret voting in the of the Federal Senate, under the terms of paragraph case of loss of office of a Deputy or Senator and of examination 3 of article 60 of the Federal Constitution, enact the of a veto. following Amendment to the constitutional text: The Directing Boards of the Chamber of Deputies and Sole Article. Items II, III, and VIII of paragraph 3 of ar- of the Federal Senate, under the terms of paragraph ticle 142 of the Federal Constitution shall henceforth 3 of article 60 of the Federal Constitution, enact the read as follows: following Amendment to the constitutional text: “Article 142. […] Article 1. Articles 55 and 66 of the Federal Constitution Paragraph 3. […] shall henceforth read as follows: II – a military in active service who takes office in a “Article 55. […] permanent civil public position or job, except in the case Paragraph 2. In the cases of items I, II and VI, loss of provided for in article 37, item XVI, subitem c, shall be office shall be declared by the Chamber of Deputies transferred to the reserve, under the terms of the law; or the Federal Senate, by absolute majority, on the III – a military in active service who, under the terms initiative of the respective Directing Board or of a of the law, takes office in a non-elective, temporary political party represented in the National Congress, civil public position, job or function, even if in the full defense being ensured. indirect administration, except in the case provided […]” for in article 37, item XVI, subitem c, shall be put on “Article 66. […] leave and, as long as he remains in this situation he Paragraph 4. The veto shall be examined in a joint may only be promoted by seniority and his period of session, within thirty days, counted from the date service shall be counted only for that promotion and of receipt, and may only be rejected by the absolute for transfer to the reserve, and after two years, whether majority of the Deputies and Senators. continuous or not, away from active service, he shall be […]” transferred to the reserve, under the terms of the law; […] Article 2. This Amendment shall come into force on the VIII – the provisions of article 7, items VIII, XII, XVII, XVIII, date of its publication. XIX, and XXV, and of article 37, items XI, XIII, XIV, and Brasília, November 28, 2013. XV, as well as, under the terms of the law and priority being given to the military activity, the provisions of THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: article 37, item XVI, subitem c, apply to the military; Deputy Henrique Eduardo Alves, President – Deputy […]” Márcio Bittar, First Secretary – Deputy Simão Sessin, Second Secretary – Deputy Gonzaga Patriota, First Brasília, February 11, 2014. Substitute – Deputy Vitor Penido, Third Substitute – THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Deputy Takayama – Fourth Substitute. Deputy Henrique Eduardo Alves, President – Deputy THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator André Vargas, First Vice-President – Deputy Fábio Faria, Renan Calheiros, President – Senator Jorge Viana, First Second Vice-President – Deputy Simão Sessin, Second Vice-President – Senator Flexa Ribeiro, First Secretary Secretary – Deputy Maurício Quintella Lessa, Third – Senator Ciro Nogueira, Third Secretary – Senator João Secretary

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THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator Vice-President – Senator Flexa Ribeiro, First Secretary Renan Calheiros, President – Senator Jorge Viana, First – Senator Angela Portela, Second Secretary – Senator Vice-President – Senator Flexa Ribeiro, First Secretary Ciro Nogueira, Third Secretary – Senator João Vicente – Senator Angela Portela, Second Secretary – Senator Claudino, Fourth Secretary Ciro Nogueira, Third Secretary – Senator João Vicente Published in the Official Journal, May 15, 2014 Claudino, Fourth Secretary

Published in the Official Journal, February 12, 2014. CONSTITUTIONAL AMENDMENT No. 79, 2014 Alters the wording of article 31 of Constitutional Amendment No. CONSTITUTIONAL AMENDMENT No. 78, 2014 19, of June 4, 1998, to provide for the inclusion, in a special job Adds article 54-A to the Temporary Constitutional Provisions class to be eventually terminated within the federal government Act, to provide for the compensation due to rubber-tappers services, of employees and members of the uniformed police referred to in article 54 of this Act. force included in the Amapá and Rondônia State Government personnel during the stage of installation of these units of the The Directing Boards of the Chamber of Deputies and federation, and makes further provisions. of the Federal Senate, under the terms of paragraph 3 of article 60 of the Federal Constitution, enact the The Directing Boards of the Chamber of Deputies and following Amendment to the constitutional text: of the Federal Senate, under the terms of paragraph 3 of article 60 of the Federal Constitution, enact the Article 1. The Temporary Constitutional Provisions Act following Amendment to the constitutional text: shall henceforth include the following article 54-A: “Article 54-A. The rubber-tappers referred to in article Article 1. Article 31 of Constitutional Amendment No. 54 of this Temporary Constitutional Provisions Act 19, of June 4, 1998, shall henceforth read as follows: shall receive a compensation, in a single installment, “Article 31. The public employees of federal govern- of R$ 25,000.00 (twenty-five thousand reais).” mental entities and of entities owned by the Federal Government, the local administration employees, and Article 2. The compensation referred to in article 54-A the members of the uniformed police force of the former of the Temporary Constitutional Provisions Act may federal Territories of Amapá and Roraima, who, subject only be extended to rubber-tapper dependents who, to the presentation of proof, were regularly exercising on the date this Constitutional Amendment comes into their functions and rendering services to those former force, are recognized as dependents under the terms Territories on the date they were transformed into of paragraph 2 of article 54 of the Temporary Constitu- States, the employees and members of the uniformed tional Provisions Act, and the amount of R$ 25,000.00 police force who were legally included in the (twenty-five thousand reais) shall be apportioned among Amapá and Rondônia State Government personnel the pensioners in proportion to their respective shares in the period between the transformation and the of the pension. effective installation of such States in October 1993 Article 3. This Constitutional Amendment shall come and, furthermore, the employees in these States whose into force in the fiscal year following the fiscal year of employment status has already been acknowledged its publication. by the Union shall, at their option, be included in a special job class to be eventually terminated within Brasília, May 14, 2014 the federal government services. THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Paragraph 1. The inclusion in a special job class as refer- Deputy Henrique Eduardo Alves, President – Deputy red to in the head paragraph, in the case of employees Arlindo Chinaglia, First Vice-President – Deputy Fábio or members of the uniformed police force who were Faria, Second Vice-President – Deputy Márcio Bittar, legally included in the State government personnel First Secretary – Deputy Simão Sessin, Second Secre- between the transformation and the installation of tary – Deputy Maurício Quintella Lessa, Third Secretary the States in October 1993 shall be effected in the – Deputy Antonio Carlos Biffi, Fourth Secretary post in which such employees were first placed or in an equivalent post. THE DIRECTING BOARD OF THE FEDERAL SENATE: Sena- Paragraph 2. The members of the uniformed police force tor Renan Calheiros, President – Senator Jorge Viana, referred to in the head paragraph shall go on rende- First Vice-President – Senator Romero Jucá, Second ring services to their respective States, in the quality

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of detailed personnel, subject to the legal provisions formalized by interested employees and members of that govern their respective uniformed police corps, uniformed police forces before administration officials, with due regard for compatibility between the duties within 180 (one hundred and eighty) days as from the of their function and their rank in the hierarchy and regulation provided for in article 4. for their right to due promotion. Article 6. Those employees who were legally hired and Paragraph 3. The employees referred to in the head who were, subject to the presentation of proof, exer- paragraph shall go on rendering services to their cising police functions in the Departments of Public respective States and Municipalities, in the quality Security of the former Territories of Amapá, Roraima, of detailed personnel, up until they are placed in a and Rondônia on the date they were transformed into federal government entity, associate government States shall be included in the personnel of the Civil agency, or foundation.” Police of such former Territories, within 180 (one hun- Article 2. For the purpose of inclusion in a special job dred and eighty) days, being ensured of their specific class as referred to in the head paragraph of article 31 rights, advantages, and levels of remuneration. of Constitutional Amendment No. 19, of June 4, 1998, Article 7. Those employees legally included by the and in the head paragraph of article 89 of the Tempo- Union in the Careers of the Taxation, Collection, and rary Constitutional Provisions Act, the employment Supervision Group referred to in Law No. 6,550, of July status before the Union, of the employees who were 5, 1978, detailed to the States of Amapá, Roraima, and legally included in the personnel of Municipalities of the Rondônia, are ensured of the same remuneration rights former Territories of Amapá, Roraima, and Rondônia, obtained by the members of the corresponding Careers in effective exercise on the date of transformation of of the Taxation, Collection, and Supervision Group of the such Territories into States, is hereby acknowledged. Union referred to in Law No. 5,645, of December 10, 1970. Article 3. The employees of the former Territories of Article 8. Any retirement pay, pension, military reti- Amapá, Roraima, and Rondônia who were incorporated rement pay, and remunerated reserve pay, arising in into a special job class to be eventually terminated the period of October 1988 to October 1993, shall be within the federal government services shall be placed funded by the Union as from the date of publication of in posts with equivalent or similar duties, that are part this Constitutional Amendment, whereas the payment, of the job and career progression scheme of the Union, under any circumstances, of amounts regarding periods at the level of progression they have already attained, prior to such publication shall be forbidden. being ensured of their specific rights, advantages, and levels of remuneration. Article 9. The payment, under any circumstances, by virtue of the alterations entailed by this Constitutio- Article 4. The Union shall, within 180 (one hundred and nal Amendment, of remunerations, pay, pensions, or eighty) days as from the date of publication of this compensation regarding periods prior to the date of Constitutional Amendment, regulate the inclusion, in inclusion in a special job class to be eventually termi- a special job class to be eventually terminated within nated, except as provided for in the sole paragraph of the federal government services, of employees as esta- article 4, shall be forbidden. blished in article 31 of Constitutional Amendment No. 19, of June 4, 1998, and in article 89 of the Temporary Article 10. This Amendment shall come into force on Constitutional Provisions Act. the date of its publication. Sole paragraph. Should the Union not regulate the in- Brasília, May 27, 2014 clusion provided for in the head paragraph, any opting employee shall be entitled to retroactive payment of THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: any remuneration differences as from the deadline for Deputy Henrique Eduardo Alves, President – Deputy the regulation referred to in this article. Arlindo Chinaglia, First Vice-President – Deputy Fábio Faria, Second Vice-President – Deputy Márcio Bittar, Article 5. The option to be incorporated into a special First Secretary – Deputy Simão Sessin, Second Secre- job class to be eventually terminated within the federal tary – Deputy Maurício Quintella Lessa, Third Secretary government services, as per article 31 of Constitutional – Deputy Antonio Carlos Biffi, Fourth Secretary Amendment No. 19, of June 4, 1998, and in article 89 of the Temporary Constitutional Provisions Act, shall be

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THE DIRECTING BOARD OF THE FEDERAL SENATE: Sena- Article 2. The Temporary Constitutional Provisions Act tor Renan Calheiros, President – Senator Jorge Viana, shall henceforth include the following article 98: First Vice-President – Senator Romero Jucá, Second “Article 98. The number of Public Legal Defenders Vice-President – Senator Flexa Ribeiro, First Secretary in each judicial district shall be proportional to the – Senator Angela Portela, Second Secretary – Senator effective demand for the service of the Public Legal Ciro Nogueira, Third Secretary – Senator João Vicente Defense and to the respective population. Claudino, Fourth Secretary Paragraph 1. Within 8 (eight) years, the Union, the States, and the Federal District shall have Public Legal Published in the Official Journal, May 28, 2014. Defenders in all of their judicial districts, with due CONSTITUTIONAL AMENDMENT No. 80, 2014 regard for the head paragraph of this article. Paragraph 2. During the period set forth in paragraph 1 Alters Chapter IV – The Functions Essential to Justice, of Title of this article, the assignment of Public Legal Defenders IV – The Organization of the Powers, and adds an article to shall be effected so as to serve, on a priority basis, the Temporary Constitutional Provisions Act of the Federal those regions with higher levels of social exclusion Constitution. and higher population density.” The Directing Boards of the Chamber of Deputies and Article 3. This Amendment shall come into force on the of the Federal Senate, under the terms of paragraph date of its publication. 3 of article 60 of the Federal Constitution, enact the following Amendment to the constitutional text: Brasília, June 4, 2014.

Article 1. Chapter IV – The Functions Essential to Jus- THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: tice, of Title IV – The Organization of the Powers, shall Deputy Henrique Eduardo Alves, President – Deputy henceforth read as follows: Arlindo Chinaglia, First Vice-President – Deputy Fábio Faria, Second Vice-President – Deputy Márcio Bittar, “TITLE IV First Secretary – Deputy Simão Sessin, Second Secre- THE ORGANIZATION OF THE POWERS tary – Deputy Maurício Quintella Lessa, Third Secretary […] – Deputy Antonio Carlos Biffi, Fourth Secretary Chapter IV The Functions Essential to Justice THE DIRECTING BOARD OF THE FEDERAL SENATE: Sena- […] tor Renan Calheiros, President – Senator Jorge Viana, Section III First Vice-President – Senator Romero Jucá, Second The Legal Profession Vice-President – Senator Flexa Ribeiro, First Secretary […] – Senator Angela Portela, Second Secretary – Senator Section IV Ciro Nogueira, Third Secretary – Senator João Vicente The Public Legal Defense Claudino, Fourth Secretary Article 134. The Public Legal Defense is a permanent Published in the Official Journal, June 5, 2014. institution, essential to the jurisdictional function of the State, and is responsible primarily, as an expression CONSTITUTIONAL AMENDMENT No. 81, 2014 and an instrument of the democratic regime, for the Gives new wording to article 243 of the Federal Constitution judicial guidance, the promotion of human rights, and the full and free-of-charge defense, in all levels, both The Directing Boards of the Chamber of Deputies and judicially and extrajudicially, of individual and collective of the Federal Senate, under the terms of paragraph rights of the needy, under the terms of item LXXIV of 3 of article 60 of the Federal Constitution, enact the article 5, of the Federal Constitution. following Amendment to the constitutional text: […] Article 1. Article 243 of the Federal Constitution shall Paragraph 4. Unity, indivisibility, and functional in- henceforth read as follows: dependence are institutional principles of the Public “Article 243. Rural and urban properties in any region Legal Defense, and the provisions of article 93 and of of the country where illegal plantations of psychotropic item II of article 96 of this Federal Constitution shall plants are found or the exploitation of slave labour also apply, insofar as pertinent.” as defined by law is uncovered shall be expropriated and assigned to agrarian reform and to low-income

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housing programs, with no indemnity to the owner and II – is incumbent, within the States, the Federal District, without prejudice to other sanctions set forth by law, and the Municipalities, on the respective executive with due regard, when appropriate, for the provisions bodies or entities and their traffic officers, organized of article 5. in a career, under the terms of the law.” Sole paragraph. Any and all goods of economic value Article 2. This Constitutional Amendment shall come seized as a result of illegal traffic of narcotics and into force on the date of its publication. similar drugs and of the exploitation of slave labour shall be confiscated and reverted to a special fund for Brasília, July 16, 2014 a specific purpose, as the law provides.” THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Article 2. This Constitutional Amendment shall come Deputy Henrique Eduardo Alves, President – Deputy into force on the date of its publication. Arlindo Chinaglia, First Vice-President – Deputy Fábio Faria, Second Vice-President – Deputy Márcio Bittar, Brasília, June 5, 2014. First Secretary – Deputy Simão Sessin, Second Secre- THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: tary – Deputy Maurício Quintella Lessa, Third Secretary Deputy Henrique Eduardo Alves, President – Deputy – Deputy Antonio Carlos Biffi, Fourth Secretary. Arlindo Chinaglia, First Vice-President – Deputy Fábio THE DIRECTING BOARD OF THE FEDERAL SENATE: Sena- Faria, Second Vice-President – Deputy Márcio Bittar, tor Renan Calheiros, President – Senator Jorge Viana, First Secretary – Deputy Simão Sessin, Second Secre- First Vice-President – Senator Romero Jucá, Second tary – Deputy Maurício Quintella Lessa, Third Secretary Vice-President – Senator Flexa Ribeiro, First Secretary – Deputy Antonio Carlos Biffi, Fourth Secretary – Senator Angela Portela, Second Secretary – Senator THE DIRECTING BOARD OF THE FEDERAL SENATE: Sena- Ciro Nogueira, Third Secretary – Senator João Vicente tor Renan Calheiros, President – Senator Jorge Viana, Claudino, Fourth Secretary First Vice-President – Senator Romero Jucá, Second Published in the Official Journal, July 17, 2014. Vice-President – Senator Flexa Ribeiro, First Secretary – Senator Angela Portela, Second Secretary – Senator CONSTITUTIONAL AMENDMENT No. 83, 2014 Ciro Nogueira, Third Secretary – Senator João Vicente Adds article 92-A to the Temporary Constitutional Provisions Act. Claudino, Fourth Secretary The Directing Boards of the Chamber of Deputies and Published in the Official Journal, June 6, 2014. of the Federal Senate, under the terms of paragraph 3 CONSTITUTIONAL AMENDMENT No. 82, 2014 of article 60, of the Federal Constitution, promulgate the following Amendment to the constitutional text: Includes paragraph 10 in article 144 of the Federal Constitution, to regulate road safety within the States, the Federal District, Article 1. The Temporary Constitutional Provisions Act and the Municipalities. shall henceforth include the following article 92-A: “Article 92-A. A period of fifty (50) years shall be ad- The Directing Boards of the Chamber of Deputies and ded to the period of time set forth in article 92 of this of the Federal Senate, under the terms of paragraph 3 Temporary Constitutional Provisions Act.” of article 60, of the Federal Constitution, promulgate the following Amendment to the constitutional text: Article 2. This Constitutional Amendment shall come into force on the date of its publication. Article 1. Article 144 of the Federal Constitution shall henceforth include the following paragraph 10: Brasília, August 5, 2014. “Article 144. […] THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Paragraph 10. Road safety, carried out with a view to Deputy Henrique Eduardo Alves, President – Deputy preserving public order and the safety of people and Arlindo Chinaglia, First Vice-President – Deputy Fábio of their property on public roads: Faria, Second Vice-President – Deputy Márcio Bittar, I – comprises traffic education, engineering, and su- First Secretary – Deputy Simão Sessin, Second Secre- pervision, as well as other activities set forth in law, tary – Deputy Maurício Quintella Lessa, Third Secretary aimed at affording citizens the right to efficient urban – Deputy Antonio Carlos Biffi, Fourth Secretary mobility; and

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THE DIRECTING BOARD OF THE FEDERAL SENATE: Sena- First Secretary – Deputy Simão Sessin, Second Secre- tor Renan Calheiros, President – Senator Jorge Viana, tary – Deputy Maurício Quintella Lessa, Third Secretary First Vice-President – Senator Romero Jucá, Second – Deputy Antonio Carlos Biffi, Fourth Secretary Vice-President – Senator Flexa Ribeiro, First Secretary THE DIRECTING BOARD OF THE FEDERAL SENATE: Sena- – Senator Angela Portela, Second Secretary – Senator tor Renan Calheiros, President – Senator Jorge Viana, Ciro Nogueira, Third Secretary – Senator João Vicente First Vice-President – Senator Romero Jucá, Second Claudino, Fourth Secretary Vice-President – Senator Flexa Ribeiro, First Secretary Published in the Official Journal, August 6, 2014 – Senator Angela Portela, Second Secretary – Senator Ciro Nogueira, Third Secretary – Senator João Vicente CONSTITUTIONAL AMENDMENT No. 84, 2014 Claudino, Fourth Secretary Alters article 159 of the Federal Constitution to increase the Published in the Official Journal, December 3, 2014. amount of funds to be remitted by the Union to the Revenue Sharing Fund of the Municipalities. CONSTITUTIONAL AMENDMENT No. 85, 2015 The Directing Boards of the Chamber of Deputies and Alters and adds provisions to the Federal Constitution so as to of the Federal Senate, under the terms of paragraph bring up to date the treatment given to science, technology, 3 of article 60 of the Federal Constitution, enact the and innovation activities. following Amendment to the constitutional text: The Directing Boards of the Chamber of Deputies and Article 1. Article 159 of the Federal Constitution shall of the Federal Senate, under the terms of paragraph henceforth read as follows: 3 of article 60 of the Federal Constitution, enact the “Article 159. […] following Amendment to the constitutional text: I – of the proceeds from the collection of taxes on in- Article 1. The Federal Constitution shall henceforth come and earnings of any nature and on industrialized read as follows: products, forty-nine per cent (49%) as follows: “Article 23. […] […] V – to provide the means of access to culture, educa- e) one per cent (1%) to the Revenue Sharing Fund tion, science, technology, research, and innovation; of the Municipalities, to be remitted within the […]” first ten days of the month of July of each year; “Article 24. […] […]” IX – education, culture, teaching, sports, science, te- Article 2. For the purposes of the provision set forth chnology, research, development, and innovation; in subitem e of item I of the head paragraph of article […]” 159 of the Federal Constitution, the Union shall remit “Article 167. […] to the Revenue Sharing Fund of the Municipalities the Paragraph 5. Reassigning, reallocating, or transferring amount of five tenths of one per cent (0.5%) of the funds from one programming category to another may proceeds from the collection of taxes on income and eventually be permitted, within science, technology, earnings of any nature and on industrialized products and innovation activities, with a view to enabling the within the first fiscal year in which this Constitutional outcomes of projects restricted to these functions, Amendment No. 84, of 2014, has financial effects, five by means of an act of the Executive Power, without tenths of one per cent (0.5%) being added in each fiscal the prior legislative authorization set forth in item VI year, until the amount of one per cent (1%) is reached. of this article.” “Article 200. […] Article 3. This Constitutional Amendment shall come V – to foster, within its scope of action, scientific and into force on the date of its publication, with financial technological development, as well as innovation; effects as of January 1 of the subsequent fiscal year. […]” Brasília, December 2, 2014. “Article 213. […] Paragraph 2. Research and extension activities, as well THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: as activities aimed at encouraging and fostering inno- Deputy Henrique Eduardo Alves, President – Deputy vation, carried out by universities and/or professional Arlindo Chinaglia, First Vice-President – Deputy Fábio Faria, Second Vice-President – Deputy Márcio Bittar,

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and technological education institutions, may receive “Article 219-B. The National Science, Technology, and financial support from the Government.” Innovation System shall be organized within a fra- “CHAPTER IV mework of cooperation among entities, both public SCIENCE, TECHNOLOGY, AND INNOVATION” and private, with a view to promoting scientific and “Article 218. The State shall promote and foster scientific technological development and innovation. development, research, scientific and technological Paragraph 1. A federal law shall establish the general expertise, as well as innovation. rules for the National Science, Technology, and Inno- Paragraph 1. Basic and technological scientific research vation System. shall receive preferential treatment from the State, Paragraph 2. The States, the Federal District, and the with a view to public well-being and the advancement Municipalities shall legislate concurrently on their of science, technology, and innovation. own peculiarities.” […] Article 3. This Constitutional Amendment shall come Paragraph 3. The State shall support the training of into force on the date of its publication. human resources in the areas of science, research, technology, and innovation, including by providing Brasília, February 26, 2015. support to technological extension activities, and THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: shall offer special work means and conditions to those Deputy Eduardo Cunha, President – Deputy Waldir Ma- engaged in such activities. ranhao, First Vice-President – Deputy Giacobo, Second […] Vice-President – Deputy Beto Mansur, First Secretary Paragraph 6. The State, in the implementation of the – Deputy Felipe Bornier, Second Secretary – Deputy activities set forth in the head paragraph of this article, Mara Gabrilli, Third Secretary – Deputy Alex Canziani, shall encourage coordination among entities, both Fourth Secretary public and private, in the various levels of government. Paragraph 7. The State shall promote and foster a THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator strong presence abroad of public institutions devoted Renan Calheiros, President – Senator Jorge Viana, First to science, technology, and innovation, aiming at the Vice-President – Senator Romero Jucá, Second Vice- implementation of the activities set forth in the head -President – Senator Vicentinho Alves, First Secretary paragraph of this article.” – Senator Zeze Perrella, Second Secretary – Senator “Article 219. […] Gladson Cameli, Third Secretary – Senator Angela Por- Sole paragraph. The State shall encourage the develo- tela, Fourth Secretary pment and strengthening of innovation in companies, Published in the Official Journal, February 27, 201531 as well as in other entities, either public or private, the establishment and maintenance of technology CONSTITUTIONAL AMENDMENT No. 86, 2015 parks and hubs and of other environments conducive Alters articles 165, 166, and 198 of the Federal Constitution so as to innovation, the participation of independent inven- to make it mandatory to implement the budget appropriations tors, and the creation, absorption, dissemination, and it specifies. transfer of technology.” The Directing Boards of the Chamber of Deputies and Article 2. Chapter IV of Title VIII of the Federal Consti- of the Federal Senate, under the terms of paragraph tution shall henceforth include the following articles 3 of article 60 of the Federal Constitution, enact the 219-A and 219-B: following Amendment to the constitutional text: “Article 219-A. The Union, the States, the Federal District, and the Municipalities may sign cooperation Article 1. Articles 165, 166, and 198 of the Federal Cons- instruments with public bodies and entities and with titution shall henceforth read as follows: private entities, including for the purpose of sharing “Article 165. […] specialized human resources and installed capacity, Paragraph 9 […] aimed at the implementation of research, scientific III – provide for criteria for an equitable implementa- and technological development, and innovation pro- tion, in addition to procedures to be adopted in the jects, upon a counterpart financial or non-financial event of legal and technical impediments, payment of commitment by the beneficiary entity, under the terms

of the law.” 31. Republished in the Official Journal, March 3, 2015.

207 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition carryovers, and limits to appropriations of a mandatory II – within thirty (30) days after the deadline set forth in nature, for realization of the provisions of paragraph item I, the Legislative Branch shall recommend to the 11 of article 166.” Executive Branch the reallocation of the appropriations “Article 166. […] whose impediment is insurmountable; Paragraph 9. Individual amendments to the budget bill III – by September 30 or within thirty (30) days after shall be approved up to the limit of one and two tenths the deadline set forth in item II, the Executive Branch percent (1.2%) of the net current revenue set forth in shall forward a bill of law on the reallocation of the the bill forwarded by the Executive Branch, and half appropriations whose impediment is insurmountable; of such percentage shall be assigned to public health IV – if, by November 20 or within thirty (30) days after actions and services. the deadline set forth in item III, the National Congress Paragraph 10. The amount spent in public health ac- has not resolved upon the bill, the reallocation shall tions and services as set forth in paragraph 9, inclu- be implemented by an act of the Executive Branch, ding current spending, shall be taken into account for under the terms of the budgetary law. purposes of compliance with article 198, paragraph 2, Paragraph 15. After the deadline set forth in item IV item I, it being forbidden to assign such amount to the of paragraph 14, the budget appropriations stipulated payment of personnel expenditures or social charges. in paragraph 11 shall not be subject to mandatory Paragraph 11. The budget execution and the financial execution in the cases of impediments justified in implementation of the appropriations referred to in the notification referred to in item I of paragraph 14. paragraph 9 of this article are mandatory, in an amount Paragraph 16. Carryovers may be taken into account corresponding to one and two tenths percent (1.2%) for purposes of compliance with the amount of outlays of the net current revenue realized in the previous set forth in paragraph 11 of this article, up to the limit fiscal year, as per the criteria for equitable execution of six tenths of one percent (0.6%) of the net current of appropriations as defined in the supplementary law revenue realized in the previous fiscal year. set forth in paragraph 9 of article 165. Paragraph 17. Should it be found that reestimating the Paragraph 12. The budget appropriations set forth revenue and the expenditure may lead to noncom- in paragraph 9 of this article shall not be subject to pliance with the targeted fiscal result established in mandatory execution in the cases of impediments of the law of budgetary directives, the amount set forth a technical nature. in paragraph 11 of this article may be reduced by up Paragraph 13. When the mandatory transfer from the to the same proportion of the limit applicable to all Union, for the execution of the appropriations set discretionary spending. forth in paragraph 11 of this article, is intended for the Paragraph 18. The execution of appropriations of a States, the Federal District, and the Municipalities, it mandatory nature is deemed equitable if it meets, shall not depend upon the fulfillment of obligations on an equal and impersonal basis, the purpose of by the recipient unit of the federation, and it shall the amendments presented, regardless of who their not be included in the assessment basis of the net sponsors are.” current revenue for purposes of application of the “Article 198. […] limits of expenditure on personnel referred to in the Paragraph 2. […] head paragraph of article 169. I – in the case of the Union, the net current revenue Paragraph 14. In the event of an impediment of a te- of the respective fiscal year, and it may not be lower chnical nature, for financial commitments regarding than fifteen percent (15%); expenditures included in the appropriations, under […] the terms of paragraph 11 of this article, the following Paragraph 3. […] measures shall be adopted: I – the percentages referred to in items II and III of I – within one hundred twenty (120) days after the pu- paragraph 2; blication of the Budgetary Law, the Executive Branch, […] the Legislative Branch, the Judicial Branch, the Public IV – (revoked). Prosecution Service, and the Public Legal Defense shall […]” forward to the Legislative Branch the justification for Article 2. The provisions of article 198, paragraph 2, the impediment; item I, of the Federal Constitution shall be applied in a progressive manner, guaranteeing, at least:

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I – thirteen and two tenths percent (13.2%) of the net CONSTITUTIONAL AMENDMENT No. 87, 2015 current revenue in the first fiscal year following the year Alters paragraph 2 of article 155 of the Federal Constitution in which this Constitutional Amendment is published; and adds article 99 to the Act of the Temporary Constitutional II – thirteen and seven tenths percent (13.7%) of the net Provisions to address the collection of taxes on transactions current revenue in the second fiscal year following the relating to the circulation of goods and to the rendering of year in which this Constitutional Amendment is published; interstate and interMunicipal transportation services, as well III – fourteen and one tenth percent (14.1%) of the net as communication services, levied on the transactions and current revenue in the third fiscal year following the year rendering of goods and services to end-users located in another in which this Constitutional Amendment is published; State, whether it is incumbent upon them to pay that tax or not. IV – fourteen and five tenths percent (14.5%) of the net The Directing Boards of the Chamber of Deputies and current revenue in the fourth fiscal year following the of the Federal Senate, under the terms of paragraph year in which this Constitutional Amendment is published; 3 of article 60 of the Federal Constitution, enact the V – fifteen percent (15%) of the net current revenue following Amendment to the constitutional text: in the fifth fiscal year following the year in which this Constitutional Amendment is published. Article 1. Items VII and VIII of paragraph 2 of article 155 of the Federal Constitution shall henceforth read Article 3. Expenditures on public health actions and as follows: services paid for from the Union funds deriving from “Article 155. […] participation in the results of the exploitation of petro- Paragraph 2. […] leum and natural gas, or from financial compensation VII – the interstate rate applies to the transactions and for the exploitation thereof, referred to in paragraph rendering of goods and services to end-users located 1 of article 20 of the Federal Constitution, shall be ta- in another State, whether it is incumbent upon them ken into account for purposes of compliance with the to pay that tax or not. The State where the recipient provisions of article 198, paragraph 2, item I, of the is located will collect the tax corresponding to the Federal Constitution. difference between the internal rate charged in the Article 4. This Constitutional Amendment shall come recipient State and the interstate rate. into force on the date of its publication and shall pro- a) (revoked) duce effects as from the budget implementation of b) (revoked) fiscal year 2014. VIII – the responsibility for the collection of the tax corresponding to the difference between the internal Article 5. Item IV of paragraph 3 of article 198 of the rate and the interstate rate referred to in item VII will Federal Constitution is hereby revoked. be assigned to: Brasília, March 17, 2015. a) the recipient, when it is incumbent upon the recipient to pay that tax; THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: b) the remitter, when it is not incumbent upon the Deputy Eduardo Cunha, President – Deputy Waldir Ma- recipient to pay that tax; ranhao, First Vice-President – Deputy Giacobo, Second […]” Vice-President – Deputy Beto Mansur, First Secretary – Deputy Felipe Bornier, Second Secretary – Deputy Article 2. The Act of the Temporary Constitutional Pro- Mara Gabrilli, Third Secretary – Deputy Alex Canziani, visions shall henceforth include the following article 99: Fourth Secretary “Article 99. For the purposes of the provisions in item VII of paragraph 2 of article 155, in the case of transactions THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator and renderings of goods and services to end-users Renan Calheiros, President – Senator Jorge Viana, First located in another State, who are not taxpayers, the Vice-President – Senator Romero Jucá, Second Vice- taxes corresponding to the difference between the -President – Senator Vicentinho Alves, First Secretary internal rate and the interstate rate will be shared – Senator Zeze Perrella, Second Secretary – Senator between the State of origin and the State of destina- Gladson Cameli, Third Secretary – Senator Angela Por- tion, in the following proportions: tela, Fourth Secretary I – for the year 2015: 20% (twenty per cent) for the Published in the Official Journal, March 18, 2015. State of destination and 80% (eighty percent) for the State of origin;

209 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition

II – for the year 2016: 40% (forty percent) for the State at the age of 75 (seventy five), as provided in supple- of destination and 60% (sixty percent) for the State mentary law; of origin; […]” III – for the year 2017: 60% (sixty percent) for the State Article 2. The Act of the Temporary Constitutional Provi- of destination and 40% (forty percent) for the State sions shall henceforth include the following article 100: of origin; “Article 100. Until the supplementary law mentioned IV – for the year 2018: 80% (eighty percent) for the in item II of paragraph 1 of article 40 of the Federal State of destination and 20% (twenty percent) for the Constitution comes into force, the justices of the State of origin; Federal Supreme Court, of the Higher Courts and of V – as of year 2019: 100% (one hundred percent) for the National Accounts Court will retire, compulsorily, the State of destination.” at the age of 75 (seventy five), under the conditions Article 3. This Constitutional Amendment enters into of article 52 of the Federal Constitution.” force on the date of its publication and will produce Article 3. This Constitutional Amendment shall come effects in the subsequent year and after 90 (ninety) into force on the date of its publication. days of its publication. Brasília, May 7, 2015. Brasília, April 16, 2015. THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Deputy Eduardo Cunha, President – Deputy Waldir Ma- Deputy Eduardo Cunha, President – Deputy Waldir Ma- ranhao, First Vice-President – Deputy Giacobo, Second ranhao, First Vice-President – Deputy Giacobo, Second Vice-President – Deputy Beto Mansur, First Secretary Vice-President – Deputy Beto Mansur, First Secretary – Deputy Felipe Bornier, Second Secretary – Deputy – Deputy Felipe Bornier, Second Secretary – Deputy Mara Gabrilli, Third Secretary – Deputy Alex Canziani, Mara Gabrilli, Third Secretary – Deputy Alex Canziani, Fourth Secretary Fourth Secretary THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator Renan Calheiros, President – Senator Jorge Viana, First Renan Calheiros, President – Senator Jorge Viana, First Vice-President – Senator Romero Jucá, Second Vice- Vice-President – Senator Romero Jucá, Second Vice- -President – Senator Vicentinho Alves, First Secretary -President – Senator Vicentinho Alves, First Secretary – Senator Zeze Perrella, Second Secretary – Senator – Senator Zeze Perrella, Second Secretary – Senator Gladson Cameli, Third Secretary – Senator Angela Por- Gladson Cameli, Third Secretary – Senator Angela Por- tela, Fourth Secretary tela, Fourth Secretary Published in the Official Journal, May 8, 2015. Published in the Official Journal, April 17, 2015. CONSTITUTIONAL AMENDMENT No. 89, 2015 CONSTITUTIONAL AMENDMENT No. 88, 2015 Gives new wording to article 42 of the Temporary Constitutional Alters article 40 of the Federal Constitution, in relation to Provisions Act, increasing the time period in which the Federation the age limit for compulsory retirement of public employees shall allocate to the Central-West and Northeast Regions the in general and adds a provision to the Act of the Temporary minimum percentages of the total amount of funds intended Constitutional Provisions. for irrigation. The Directing Boards of the Chamber of Deputies and The Directing Boards of the Chamber of Deputies and of of the Federal Senate, under the terms of paragraph the Federal Senate, under the terms of article 60 of the 3 of article 60 of the Federal Constitution, enact the Federal Constitution, enact the following Amendment following Amendment to the Constitutional text: to the constitutional text: Article 1. Article 40 of the Federal Constitution shall Article 1. Article 42 of the Temporary Constitutional henceforth read as follows: Provisions Act shall henceforth be in force with the “Article 40. […] following wording: Paragraph 1. […] “Article 42. For 40 (forty) years, the Federation shall II – compulsorily, with a pension proportional to the allocate of the funds intended for irrigation: period of contribution, at the age of 70 (seventy), or

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I – 20% (twenty percent) for the Central-West Region; – Deputy Felipe Bornier, Second Secretary – Deputy II – 50% (fifty percent) for the Northeast Region, pre- Mara Gabrilli, Third Secretary – Deputy Alex Canziani, ferably in the semi-arid region. Fourth Secretary Sole paragraph. Of the percentages provided for in THE BOARD OF THE FEDERAL SENATE: Senator Renan items I and II of the head of the article, a minimum Calheiros, President – Senator Jorge Viana, First Vice- of 50% (fifty percent) will be allocated to projects of -President – Senator Romero Jucá, Second Vice-President irrigation that benefit family farming that meets the – Senator Vicentinho Alves, First Secretary – Senator Zeze requirements provided for in specific legislation.” Perrella, Second Secretary – Senator Gladson Cameli, Third Article 2. This Constitutional Amendment shall come Secretary – Senator Angela Portela, Fourth Secretary into force on the date of its publication. Published in the Official Journal, September 16, 2015. Brasília, September 15, 2015. CONSTITUTIONAL AMENDMENT No. 91, 2016 THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Alters the Federal Constitution to establish the possibility, Deputy Eduardo Cunha, President – Deputy Waldir Ma- exceptionally and for a set period, of disaffiliating from a ranhao, First Vice-President – Deputy Giacobo, Second political party, without prejudice to the term in office. Vice-President – Deputy Beto Mansur, First Secretary – Deputy Felipe Bornier, Second Secretary – Deputy The Directing Boards of the Chamber of Deputies and Mara Gabrilli, Third Secretary – Deputy Alex Canziani, of the Federal Senate, under the terms of paragraph Fourth Secretary 3 of article 60 of the Federal Constitution, enact the following Amendment to the constitutional text: THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator Renan Calheiros, President – Senator Jorge Viana, First Article 1. Holders of an elective office are allowed to Vice-President – Senator Romero Jucá, Second Vice- leave the party through which they were elected thirty -President – Senator Vicentinho Alves, First Secretary days following the enactment of this Constitutional – Senator Zeze Perrella, Second Secretary – Senator Amendment, without prejudice to their term in office. Gladson Cameli, Third Secretary – Senator Angela Por- This disaffiliation is not considered for the purposes tela, Fourth Secretary of distributing resources of the Party Fund or of free access to the radio and TV time allotment. Published in the Official Journal, September 16, 2015. Article 2. This Constitutional Amendment shall come CONSTITUTIONAL AMENDMENT No. 90, 2015 into force on the date of its publication. Gives new wording to article 6 of the Federal Constitution to Brasília, February 18, 2016. establish transportation as a social right. THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: The Directing Boards of the Chamber of Deputies and of Eduardo Cunha, President – Waldir Maranhão, First Vi- the Federal Senate, under the terms of article 60 of the ce-President – Giacobo, Second Vice-President – Beto Federal Constitution, enact the following Amendment Mansur, First Secretary – Felipe Bornier, Second Secre- to the constitutional text: tary – Mara Gabrilli, Third Secretary – Alex Canziani, Sole article. Article 6 of the 1988 Federal Constitution Fourth Secretary shall henceforth be in force with the following wording: THE DIRECTING BOARD OF THE FEDERAL SENATE: Renan “Art. 6. Education, health, food, work, housing, trans- Calheiros, President – Jorge Viana, First Vice-President portation, leisure, security, social welfare, protection – Romero Jucá, Second Vice-President – Vicentinho Al- of motherhood and childhood, and assistance to ves, First Secretary – Zeze Perrella, Second Secretary the destitute, are social rights, as set forth by this – Gladson Cameli, Third Secretary – Ângela Portela, Constitution.” Fourth Secretary Brasília, September 15, 2015.

THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Deputy Eduardo Cunha, President – Deputy Waldir Ma- ranhao, First Vice-President – Deputy Giacobo, Second Vice-President – Deputy Beto Mansur, First Secretary

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CONSTITUTIONAL AMENDMENT No. 92, 2016 LEGISLATIVE DECREE No. 186, 2008 Alters articles 92 and 111-A of the Federal Constitution to define To approve the text of the Convention on the Rights of Persons the Superior Labor Court as an agency of the Judiciary Branch, with Disabilities and of its Optional Protocol, signed in New to alter the requisites for the provision of the offices of Justices York on March 30, 2007. of that Court, and to change its jurisdiction. The National Congress decrees the following: The Directing Boards of the Chamber of Deputies and of the Federal Senate, under the terms of paragraph Article 1. The text of the Convention on the Rights of 3 of article 60 of the Federal Constitution, enact the Persons with Disabilities and of its Optional Protocol, following Amendment to the constitutional text: signed in New York on March 30, 2007, is hereby approved, under the terms of paragraph 3 of article 5 of the Article 1. Articles 92 and 111-A of the Federal Consti- Federal Constitution. tution shall henceforth read as follows: Sole paragraph. Any acts that alter the above-men- “Article 92. […] tioned Convention and its Optional Protocol, as well II-A - the Superior Labor Court; as any other complementary adjustments that, under […]” the terms of item I of the head paragraph of article 49 “Section V of the Federal Constitution, entail charges or commit- The Superior Labor Court, the Regional Appellate Labor ments encumbering the national property, are subject Courts and the Labor Courts to approval by the National Congress. […] Article 111-A. The Superior Labor Court shall be com- Article 2. This Legislative Decree shall come into force posed of twenty-seven Justices, chosen from among on the date of its publication. Brazilians over thirty-five and under sixty-five years Federal Senate, July 9, 2008. of age, of notorious legal knowledge and flawless reputation, appointed by the President of the Republic SENATOR GARIBALDI ALVES FILHO – after approval by the absolute majority of the Federal President of the Federal Senate. Senate, as follows: Published in the Official Journal, July 10, 200832 […] Paragraph 3. The Superior Labor Court has the original jurisdiction to process and decide upon any actions to DECREE NO. 6,949, 2009 preserve its jurisdiction and to guarantee the authority Promulgates the Convention on the Rights of Persons with of its decisions.” Disabilities and its Optional Protocol, signed in New York on Article 2. This Constitutional Amendment shall come March 30, 2007. into force on the date of its publication. The President of the Republic, exercising the powers Brasília, July 12, 2016. conferred upon her under article 84, item IV of the Constitution, and THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES – Deputy Waldir Maranhão, First Vice-President, acting Whereas the National Congress has approved, through President – Deputy Giacobo, Second Vice President – Legislative Decree No. 186 of July 9, 2008, under the Deputy Beto Mansur, First Secretary – Deputy Felipe terms of paragraph 3 of article 5 of the Constitution, Bornier, Second Secretary – Deputy Mara Gabrilli, Third the Convention on the Rights of Persons with Disabi- Secretary – Deputy Alex Canziani, Fourth Secretary. lities and its Optional Protocol, signed in New York on March 30, 2007; THE DIRECTING BOARD OF THE FEDERAL SENATE – Senator Renan Calheiros, President – Senator Jorge Viana, First Whereas the Brazilian government has deposited the Vice-President – Senator Romero Jucá, Second Vice- ratification instrument of the referred acts with the -President – Senator Vicentinho Alves, First Secretary United Nations Secretary-General on August 1, 2008; – Senator Zeze Perrella, Second Secretary – Senator Gladson Cameli, Third Secretary – Senator Ângela Por- tela, Fourth Secretary.

32. Republished in the Official Journal, August 20, 2008.

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Whereas the international acts in question became d. Recalling the International Covenant on Economic, effective for Brazil, at the external juridical level, on Social and Cultural Rights, the International Covenant on August 31, 2008; Civil and Political Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, Decrees: the Convention on the Elimination of All Forms of Discri- Article 1. The Convention on the Rights of Persons with mination against Women, the Convention against Torture Disabilities and its Optional Protocol, attached to this and Other Cruel, Inhuman or Degrading Treatment or Decree, will be implemented and fulfilled entirely. Punishment, the Convention on the Rights of the Child, and the International Convention on the Protection Article 2. Any measures that may result in the revision of the Rights of All Migrant Workers and Members of of the referred international acts or which may result in Their Families, charges or commitments against the national property are subject to congressional approval, under the terms e. Recognizing that disability is an evolving concept and of article 49, item I, of the Constitution. that disability results from the interaction between persons with impairments and attitudinal and envi- Article 3. This Decree shall come into force on the date ronmental barriers that hinders their full and effective of its publication. participation in society on an equal basis with others, Brasília, August 25, 2009; 188th year of the f. Recognizing the importance of the principles and policy Independence and 121st year of the Republic guidelines contained in the World Programme of Action Luiz Inácio Lula da Siva concerning Disabled Persons and in the Standard Rules Celso Luiz Nunes Amorim on the Equalization of Opportunities for Persons with Disabilities in influencing the promotion, formulation Published in the Official Journal, August 26, 2009 and evaluation of the policies, plans, programmes and actions at the national, regional and international CONVENTION ON THE RIGHTS OF levels to further equalize opportunities for persons PERSONS WITH DISABILITIES33 with disabilities, g. Emphasizing the importance of mainstreaming disa- PREAMBLE bility issues as an integral part of relevant strategies The States Parties to the present Convention, of sustainable development, a. Recalling the principles proclaimed in the Charter of h. Recognizing also that discrimination against any the United Nations which recognize the inherent dignity person on the basis of disability is a violation of the and worth and the equal and inalienable rights of all inherent dignity and worth of the human person, members of the human family as the foundation of i. Recognizing further the diversity of persons with freedom, justice and peace in the world, disabilities, b. Recognizing that the United Nations, in the Universal j. Recognizing the need to promote and protect the Declaration of Human Rights and in the International human rights of all persons with disabilities, including Covenants on Human Rights, has proclaimed and agreed those who require more intensive support, that everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind, k. Concerned that, despite these various instruments and undertakings, persons with disabilities continue to c. Reaffirming the universality, indivisibility, interde- face barriers in their participation as equal members pendence and interrelatedness of all human rights of society and violations of their human rights in all and fundamental freedoms and the need for persons parts of the world, with disabilities to be guaranteed their full enjoyment without discrimination, l. Recognizing the importance of international cooperation for improving the living conditions of persons with disabilities in every country, particularly in developing countries, 33. Source: Annex 1, Final report of the Ad Hoc Committee on a Comprehensive and Integral International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities.

213 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition m. Recognizing the valued existing and potential con- with disabilities, in particular during armed conflicts tributions made by persons with disabilities to the and foreign occupation, overall well-being and diversity of their communities, v. Recognizing the importance of accessibility to the and that the promotion of the full enjoyment by per- physical, social, economic and cultural environment, to sons with disabilities of their human rights and funda- health and education and to information and commu- mental freedoms and of full participation by persons nication, in enabling persons with disabilities to fully with disabilities will result in their enhanced sense of enjoy all human rights and fundamental freedoms, belonging and in significant advances in the human, social and economic development of society and the w. Realizing that the individual, having duties to other eradication of poverty, individuals and to the community to which he or she belongs, is under a responsibility to strive for the pro- n. Recognizing the importance for persons with disabi- motion and observance of the rights recognized in the lities of their individual autonomy and independence, International Bill of Human Rights, including the freedom to make their own choices, x. Convinced that the family is the natural and funda- o. Considering that persons with disabilities should mental group unit of society and is entitled to protec- have the opportunity to be actively involved in deci- tion by society and the State, and that persons with sion-making processes about policies and programmes, disabilities and their family members should receive the including those directly concerning them, necessary protection and assistance to enable families p. Concerned about the difficult conditions faced by to contribute towards the full and equal enjoyment of persons with disabilities who are subject to multiple the rights of persons with disabilities, or aggravated forms of discrimination on the basis of y. Convinced that a comprehensive and integral inter- race, colour, sex, language, religion, political or other national convention to promote and protect the rights opinion, national, ethnic, indigenous or social origin, and dignity of persons with disabilities will make a sig- property, birth, age or other status, nificant contribution to redressing the profound social q. Recognizing that women and girls with disabilities disadvantage of persons with disabilities and promote are often at greater risk, both within and outside the their participation in the civil, political, economic, social home of violence, injury or abuse, neglect or negligent and cultural spheres with equal opportunities, in both treatment, maltreatment or exploitation, developing and developed countries, r. Recognizing that children with disabilities should have Have agreed as follows: full enjoyment of all human rights and fundamental Article 1 – Purpose freedoms on an equal basis with other children, and recalling obligations to that end undertaken by States The purpose of the present Convention is to promote, Parties to the Convention on the Rights of the Child, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all s. Emphasizing the need to incorporate a gender pers- persons with disabilities, and to promote respect for pective in all efforts to promote the full enjoyment of their inherent dignity. human rights and fundamental freedoms by persons with disabilities, Persons with disabilities include those who have long- -term physical, mental, intellectual or sensory impair- t. Highlighting the fact that the majority of persons ments which in interaction with various barriers may with disabilities live in conditions of poverty, and in hinder their full and effective participation in society this regard recognizing the critical need to address the on an equal basis with others. negative impact of poverty on persons with disabilities, Article 2 – Definitions u. Bearing in mind that conditions of peace and security based on full respect for the purposes and principles For the purposes of the present Convention: contained in the Charter of the United Nations and “Communication” includes languages, display of text, observance of applicable human rights instruments Braille, tactile communication, large print, accessible are indispensable for the full protection of persons multimedia as well as written, audio, plain-language, human-reader and augmentative and alternative modes,

214 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition means and formats of communication, including ac- discrimination of any kind on the basis of disability. To cessible information and communication technology; this end, States Parties undertake: a. To adopt all appropriate legislative, administrative “Language” includes spoken and signed languages and and other measures for the implementation of other forms of non spoken languages; the rights recognized in the present Convention; “Discrimination on the basis of disability” means any b. To take all appropriate measures, including le- distinction, exclusion or restriction on the basis of gislation, to modify or abolish existing laws, re- disability which has the purpose or effect of impairing gulations, customs and practices that constitute or nullifying the recognition, enjoyment or exercise, discrimination against persons with disabilities; on an equal basis with others, of all human rights c. To take into account the protection and promotion and fundamental freedoms in the political, economic, of the human rights of persons with disabilities social, cultural, civil or any other field. It includes all in all policies and programmes; forms of discrimination, including denial of reasonable d. To refrain from engaging in any act or practice that accommodation; is inconsistent with the present Convention and to ensure that public authorities and institutions “Reasonable accommodation” means necessary and act in conformity with the present Convention; appropriate modification and adjustments not imposing e. To take all appropriate measures to eliminate a disproportionate or undue burden, where needed in discrimination on the basis of disability by any a particular case, to ensure to persons with disabilities person, organization or private enterprise; the enjoyment or exercise on an equal basis with others f. To undertake or promote research and develo- of all human rights and fundamental freedoms; pment of universally designed goods, services, “Universal design” means the design of products, en- equipment and facilities, as defined in article 2 vironments, programmes and services to be usable by of the present Convention, which should require all people, to the greatest extent possible, without the the minimum possible adaptation and the least need for adaptation or specialized design. “Universal cost to meet the specific needs of a person with design” shall not exclude assistive devices for particular disabilities, to promote their availability and use, groups of persons with disabilities where this is needed. and to promote universal design in the development of standards and guidelines; Article 3 – General principles g. To undertake or promote research and develo- The principles of the present Convention shall be: pment of, and to promote the availability and a. Respect for inherent dignity, individual autonomy use of new technologies, including information including the freedom to make one’s own choices, and communications technologies, mobility aids, and independence of persons; devices and assistive technologies, suitable for b. No-discrimination; persons with disabilities, giving priority to tech- c. Full and effective participation and inclusion in nologies at an affordable cost; society; h. To provide accessible information to persons d. Respect for difference and acceptance of persons with disabilities about mobility aids, devices and with disabilities as part of human diversity and assistive technologies, including new technolo- humanity; gies, as well as other forms of assistance, support e. Equality of opportunity; services and facilities; f. Accessibility; i. To promote the training of professionals and g. Equality between men and women; staff working with persons with disabilities in h. Respect for the evolving capacities of children with the rights recognized in this Convention so as disabilities and respect for the right of children to better provide the assistance and services with disabilities to preserve their identities. guaranteed by those rights.

Article 4 – General obligations 2. With regard to economic, social and cultural rights, each State Party undertakes to take measures to the 1. States Parties undertake to ensure and promote maximum of its available resources and, where needed, the full realization of all human rights and fundamen- within the framework of international cooperation, with tal freedoms for all persons with disabilities without a view to achieving progressively the full realization of

215 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition these rights, without prejudice to those obligations con- and equal enjoyment by them of all human rights and tained in the present Convention that are immediately fundamental freedoms. applicable according to international law. 2. States Parties shall take all appropriate measures to 3. In the development and implementation of legislation ensure the full development, advancement and empo- and policies to implement the present Convention, and werment of women, for the purpose of guaranteeing in other decision-making processes concerning issues them the exercise and enjoyment of the human rights relating to persons with disabilities, States Parties shall and fundamental freedoms set out in the present closely consult with and actively involve persons with Convention. disabilities, including children with disabilities, through Article 7 – Children with disabilities their representative organizations. 1. States Parties shall take all necessary measures to 4. Nothing in the present Convention shall affect any ensure the full enjoyment by children with disabilities provisions which are more conducive to the realization of all human rights and fundamental freedoms on an of the rights of persons with disabilities and which may equal basis with other children. be contained in the law of a State Party or international law in force for that State. There shall be no restriction 2. In all actions concerning children with disabili- upon or derogation from any of the human rights and ties, the best interests of the child shall be a primary fundamental freedoms recognized or existing in any consideration. State Party to the present Convention pursuant to law, 3. States Parties shall ensure that children with disa- conventions, regulation or custom on the pretext that bilities have the right to express their views freely on the present Convention does not recognize such rights all matters affecting them, their views being given due or freedoms or that it recognizes them to a lesser extent. weight in accordance with their age and maturity, on 5. The provisions of the present Convention shall extend an equal basis with other children, and to be provided to all parts of federal States without any limitations or with disability and age-appropriate assistance to rea- exceptions. lize that right.

Article 5 – Equality and non-discrimination Article 8 – Awareness-raising 1. States Parties recognize that all persons are equal 1. States Parties undertake to adopt immediate, effective before and under the law and are entitled without and appropriate measures: any discrimination to the equal protection and equal a. To raise awareness throughout society, including benefit of the law. at the family level, regarding persons with disabilities, and to foster respect for the rights and 2. States Parties shall prohibit all discrimination on dignity of persons with disabilities; the basis of disability and guarantee to persons with b. To combat stereotypes, prejudices and harmful disabilities equal and effective legal protection against practices relating to persons with disabilities, discrimination on all grounds. including those based on sex and age, in all areas 3. In order to promote equality and eliminate discrimi- of life; nation, States Parties shall take all appropriate steps c. To promote awareness of the capabilities and to ensure that reasonable accommodation is provided. contributions of persons with disabilities.

4. Specific measures which are necessary to accelerate 2. Measures to this end include: or achieve de facto equality of persons with disabilities a. Initiating and maintaining effective public awa- shall not be considered discrimination under the terms reness campaigns designed: of the present Convention. i. To nurture receptiveness to the rights of persons with disabilities; Article 6 – Women with disabilities ii. To promote positive perceptions and grea- 1. States Parties recognize that women and girls with ter social awareness towards persons with disabilities are subject to multiple discrimination, and disabilities; in this regard shall take measures to ensure the full iii. To promote recognition of the skills, merits and abilities of persons with disabilities, and

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of their contributions to the workplace and f. Promote other appropriate forms of assistance the labour market; and support to persons with disabilities to ensure b. Fostering at all levels of the education system, their access to information; including in all children from an early age, an g. Promote access for persons with disabilities to attitude of respect for the rights of persons with new information and communications technologies disabilities; and systems, including the Internet; c. Encouraging all organs of the media to portray h. Promote the design, development, production persons with disabilities in a manner consistent and distribution of accessible information and with the purpose of the present Convention; communications technologies and systems at d. Promoting awareness-training programmes re- an early stage, so that these technologies and garding persons with disabilities and the rights systems become accessible at minimum cost. of persons with disabilities. Article 10 – Right to life Article 9 – Accessibility States Parties reaffirm that every human being has 1. To enable persons with disabilities to live indepen- the inherent right to life and shall take all necessary dently and participate fully in all aspects of life, States measures to ensure its effective enjoyment by persons Parties shall take appropriate measures to ensure to with disabilities on an equal basis with others. persons with disabilities access, on an equal basis with Article 11 – Situations of risk and others, to the physical environment, to transportation, humanitarian emergencies to information and communications, including information and communications technologies and systems, States Parties shall take, in accordance with their obli- and to other facilities and services open or provided gations under international law, including international to the public, both in urban and in rural areas. These humanitarian law and international human rights law, measures, which shall include the identification and all necessary measures to ensure the protection and elimination of obstacles and barriers to accessibility, safety of persons with disabilities in situations of risk, shall apply to, inter alia: including situations of armed conflict, humanitarian a. Buildings, roads, transportation and other indoor emergencies and the occurrence of natural disasters. and outdoor facilities, including schools, housing, Article 12 – Equal recognition before the law medical facilities and workplaces; b. Information, communications and other servi- 1. States Parties reaffirm that persons with disabilities ces, including electronic services and emergency have the right to recognition everywhere as persons services. before the law.

2. States Parties shall also take appropriate measures to: 2. States Parties shall recognize that persons with di- a. Develop, promulgate and monitor the implemen- sabilities enjoy legal capacity on an equal basis with tation of minimum standards and guidelines for others in all aspects of life. the accessibility of facilities and services open 3. States Parties shall take appropriate measures to or provided to the public; provide access by persons with disabilities to the su- b. Ensure that private entities that offer facilities and pport they may require in exercising their legal capacity. services which are open or provided to the public take into account all aspects of accessibility for 4. States Parties shall ensure that all measures that persons with disabilities; relate to the exercise of legal capacity provide for c. Provide training for stakeholders on accessibility appropriate and effective safeguards to prevent abuse issues facing persons with disabilities; in accordance with international human rights law. Such d. Provide in buildings and other facilities open to safeguards shall ensure that measures relating to the the public signage in Braille and in easy to read exercise of legal capacity respect the rights, will and and understand forms; preferences of the person, are free of conflict of inte- e. Provide forms of live assistance and intermediaries, rest and undue influence, are proportional and tailored including guides, readers and professional sign to the person’s circumstances, apply for the shortest language interpreters, to facilitate accessibility to time possible and are subject to regular review by a buildings and other facilities open to the public; competent, independent and impartial authority or

217 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition judicial body. The safeguards shall be proportional to 2. States Parties shall take all effective legislative, the degree to which such measures affect the person’s administrative, judicial or other measures to prevent rights and interests. persons with disabilities, on an equal basis with others, from being subjected to torture or cruel, inhuman or 5. Subject to the provisions of this article, States Parties degrading treatment or punishment. shall take all appropriate and effective measures to ensure the equal right of persons with disabilities to Article 16 – Freedom from exploitation, own or inherit property, to control their own financial violence and abuse affairs and to have equal access to bank loans, mor- 1. States Parties shall take all appropriate legislative, tgages and other forms of financial credit, and shall administrative, social, educational and other measures ensure that persons with disabilities are not arbitrarily to protect persons with disabilities, both within and deprived of their property. outside the home, from all forms of exploitation, vio- Article 13 – Access to justice lence and abuse, including their gender-based aspects. 1. States Parties shall ensure effective access to justice 2. States Parties shall also take all appropriate measures for persons with disabilities on an equal basis with to prevent all forms of exploitation, violence and abuse others, including through the provision of procedural and by ensuring, inter alia, appropriate forms of gender - and age-appropriate accommodations, in order to facilitate age-sensitive assistance and support for persons with their effective role as direct and indirect participants, disabilities and their families and caregivers, including including as witnesses, in all legal proceedings, including through the provision of information and education at investigative and other preliminary stages. on how to avoid, recognize and report instances of exploitation, violence and abuse. States Parties shall 2. In order to help to ensure effective access to jus- ensure that protection services are age-, gender- and tice for persons with disabilities, States Parties shall disability-sensitive. promote appropriate training for those working in the field of administration of justice, including police and 3. In order to prevent the occurrence of all forms of prison staff. exploitation, violence and abuse, States Parties shall ensure that all facilities and programmes designed to Article 14 – Liberty and security of the person serve persons with disabilities are effectively monitored 1. States Parties shall ensure that persons with disa- by independent authorities. bilities, on an equal basis with others: 4. States Parties shall take all appropriate measures a. Enjoy the right to liberty and security of person; to promote the physical, cognitive and psychological b. Are not deprived of their liberty unlawfully or recovery, rehabilitation and social reintegration of per- arbitrarily, and that any deprivation of liberty is sons with disabilities who become victims of any form in conformity with the law, and that the existence of exploitation, violence or abuse, including through of a disability shall in no case justify a deprivation the provision of protection services. Such recovery of liberty. and reintegration shall take place in an environment 2. States Parties shall ensure that if persons with disa- that fosters the health, welfare, self-respect, dignity bilities are deprived of their liberty through any pro- and autonomy of the person and takes into account cess, they are, on an equal basis with others, entitled gender- and age-specific needs. to guarantees in accordance with international human 5. States Parties shall put in place effective legisla- rights law and shall be treated in compliance with the tion and policies, including women and child-focused objectives and principles of this Convention, including legislation and policies, to ensure that instances of by provision of reasonable accommodation. exploitation, violence and abuse against persons with Article 15 – Freedom from torture or cruel, disabilities are identified, investigated and, where inhuman or degrading treatment or punishment appropriate, prosecuted. 1. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his or her free consent to medical or scientific experimentation.

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Article 17 – Protecting the integrity of the person and to prevent isolation or segregation from the community; Every person with disabilities has a right to respect for c. Community services and facilities for the general his or her physical and mental integrity on an equal population are available on an equal basis to basis with others. persons with disabilities and are responsive to Article 18 – Liberty of movement and nationality their needs.

1. States Parties shall recognize the rights of persons Article 20 – Personal mobility with disabilities to liberty of movement, to freedom to States Parties shall take effective measures to ensure choose their residence and to a nationality, on an equal personal mobility with the greatest possible indepen- basis with others, including by ensuring that persons dence for persons with disabilities, including by: with disabilities: a. Facilitating the personal mobility of persons with a. Have the right to acquire and change a nationality disabilities in the manner and at the time of their and are not deprived of their nationality arbitrarily choice, and at affordable cost; or on the basis of disability; b. Facilitating access by persons with disabilities b. Are not deprived, on the basis of disability, of their to quality mobility aids, devices, assistive tech- ability to obtain, possess and utilize documenta- nologies and forms of live assistance and inter- tion of their nationality or other documentation mediaries, including by making them available at of identification, or to utilize relevant processes affordable cost; such as immigration proceedings, that may be c. Providing training in mobility skills to persons needed to facilitate exercise of the right to liberty with disabilities and to specialist staff working of movement; with persons with disabilities; c. Are free to leave any country, including their own; d. Encouraging entities that produce mobility aids, d. Are not deprived, arbitrarily or on the basis of devices and assistive technologies to take into disability, of the right to enter their own country. account all aspects of mobility for persons with 2. Children with disabilities shall be registered imme- disabilities. diately after birth and shall have the right from birth Article 21 – Freedom of expression and to a name, the right to acquire a nationality and, as opinion, and access to information far as possible, the right to know and be cared for by their parents. States Parties shall take all appropriate measures to ensure that persons with disabilities can exercise the Article 19 – Living independently and right to freedom of expression and opinion, including being included in the community the freedom to seek, receive and impart information States Parties to this Convention recognize the equal right and ideas on an equal basis with others and through of all persons with disabilities to live in the community, all forms of communication of their choice, as defined with choices equal to others, and shall take effective in article 2 of the present Convention, including by: and appropriate measures to facilitate full enjoyment a. Providing information intended for the general by persons with disabilities of this right and their full public to persons with disabilities in accessible inclusion and participation in the community, including formats and technologies appropriate to diffe- by ensuring that: rent kinds of disabilities in a timely manner and a. Persons with disabilities have the opportunity to without additional cost; choose their place of residence and where and b. Accepting and facilitating the use of sign languages, with whom they live on an equal basis with others Braille, augmentative and alternative communi- and are not obliged to live in a particular living cation, and all other accessible means, modes arrangement; and formats of communication of their choice by b. Persons with disabilities have access to a range of persons with disabilities in official interactions; in-home, residential and other community support c. Urging private entities that provide services to services, including personal assistance necessary the general public, including through the Internet, to support living and inclusion in the community, to provide information and services in accessible and usable formats for persons with disabilities;

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d. Encouraging the mass media, including providers abandonment, neglect and segregation of children with of information through the Internet, to make their disabilities, States Parties shall undertake to provide services accessible to persons with disabilities; early and comprehensive information, services and e. Recognizing and promoting the use of sign support to children with disabilities and their families. languages. 4. States Parties shall ensure that a child shall not be Article 22 – Respect for privacy separated from his or her parents against their will, except when competent authorities subject to judicial 1. No person with disabilities, regardless of place of review determine, in accordance with applicable law residence or living arrangements, shall be subjected and procedures, that such separation is necessary for to arbitrary or unlawful interference with his or her the best interests of the child. In no case shall a child privacy, family, home or correspondence or other types be separated from parents on the basis of a disability of communication or to unlawful attacks on his or her of either the child or one or both of the parents. honour and reputation. Persons with disabilities have the right to the protection of the law against such in- 5. States Parties shall, where the immediate family is terference or attacks. unable to care for a child with disabilities, undertake every effort to provide alternative care within the wi- 2. States Parties shall protect the privacy of personal, der family, and failing that, within the community in a health and rehabilitation information of persons with family setting. disabilities on an equal basis with others. Article 24 – Education Article 23 – Respect for home and the family 1. States Parties recognize the right of persons with 1. States Parties shall take effective and appropriate disabilities to education. With a view to realizing this measures to eliminate discrimination against persons right without discrimination and on the basis of equal with disabilities in all matters relating to marriage, fa- opportunity, States Parties shall ensure an inclusive mily, parenthood and relationships, on an equal basis education system at all levels and life long learning with others, so as to ensure that: directed to: a. The right of all persons with disabilities who are a. The full development of human potential and of marriageable age to marry and to found a fa- sense of dignity and self-worth, and the streng- mily on the basis of free and full consent of the thening of respect for human rights, fundamental intending spouses is recognized; freedoms and human diversity; b. The rights of persons with disabilities to deci- b. The development by persons with disabilities of de freely and responsibly on the number and their personality, talents and creativity, as well spacing of their children and to have access to as their mental and physical abilities, to their age-appropriate information, reproductive and fullest potential; family planning education are recognized, and c. Enabling persons with disabilities to participate the means necessary to enable them to exercise effectively in a free society. these rights are provided; c. Persons with disabilities, including children, retain 2. In realizing this right, States Parties shall ensure that: their fertility on an equal basis with others. a. Persons with disabilities are not excluded from the general education system on the basis of 2. States Parties shall ensure the rights and respon- disability, and that children with disabilities are sibilities of persons with disabilities, with regard to not excluded from free and compulsory primary guardianship, wardship, trusteeship, adoption of children education, or from secondary education, on the or similar institutions, where these concepts exist in basis of disability; national legislation; in all cases the best interests of b. Persons with disabilities can access an inclusive, the child shall be paramount. States Parties shall render quality and free primary education and secondary appropriate assistance to persons with disabilities in education on an equal basis with others in the the performance of their child-rearing responsibilities. communities in which they live; 3. States Parties shall ensure that children with disabilities c. Reasonable accommodation of the individual’s have equal rights with respect to family life. With a view requirements is provided; to realizing these rights, and to prevent concealment,

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d. Persons with disabilities receive the support to health services that are gender-sensitive, including required, within the general education system, health-related rehabilitation. In particular, States Par- to facilitate their effective education; ties shall: e. Effective individualized support measures are a. Provide persons with disabilities with the same provided in environments that maximize academic range, quality and standard of free or affordable and social development, consistent with the goal health care and programmes as provided to other of full inclusion. persons, including in the area of sexual and reproductive health and population-based public 3. States Parties shall enable persons with disabilities health programmes; to learn life and social development skills to facilitate b. Provide those health services needed by persons their full and equal participation in education and as with disabilities specifically because of their members of the community. To this end, States Parties disabilities, including early identification and shall take appropriate measures, including: intervention as appropriate, and services desig- a. Facilitating the learning of Braille, alternative script, ned to minimize and prevent further disabilities, augmentative and alternative modes, means and including among children and older persons; formats of communication and orientation and c. Provide these health services as close as possible mobility skills, and facilitating peer support and to people’s own communities, including in rural mentoring; areas; b. Facilitating the learning of sign language and the d. Require health professionals to provide care of promotion of the linguistic identity of the deaf the same quality to persons with disabilities as community; to others, including on the basis of free and in- c. Ensuring that the education of persons, and in formed consent by, inter alia, raising awareness particular children, who are blind, deaf or deafblind, of the human rights, dignity, autonomy and needs is delivered in the most appropriate languages of persons with disabilities through training and and modes and means of communication for the the promulgation of ethical standards for public individual, and in environments which maximize and private health care; academic and social development. e. Prohibit discrimination against persons with disa- 4. In order to help ensure the realization of this right, bilities in the provision of health insurance, and States Parties shall take appropriate measures to em- life insurance where such insurance is permitted ploy teachers, including teachers with disabilities, who by national law, which shall be provided in a fair are qualified in sign language and/or Braille, and to and reasonable manner; train professionals and staff who work at all levels of f. Prevent discriminatory denial of health care or education. Such training shall incorporate disability health services or food and fluids on the basis awareness and the use of appropriate augmentative and of disability. alternative modes, means and formats of communica- Article 26 – Habilitation and rehabilitation tion, educational techniques and materials to support persons with disabilities. 1. States Parties shall take effective and appropriate measures, including through peer support, to enable 5. States Parties shall ensure that persons with disabilities persons with disabilities to attain and maintain maxi- are able to access general tertiary education, vocational mum independence, full physical, mental, social and training, adult education and lifelong learning without vocational ability, and full inclusion and participation discrimination and on an equal basis with others. To in all aspects of life. To that end, States Parties shall this end, States Parties shall ensure that reasonable organize, strengthen and extend comprehensive habi- accommodation is provided to persons with disabilities. litation and rehabilitation services and programmes, Article 25 – Health particularly in the areas of health, employment, education and social services, in such a way that these States Parties recognize that persons with disabilities services and programmes: have the right to the enjoyment of the highest attainable a. Begin at the earliest possible stage, and are based standard of health without discrimination on the basis on the multidisciplinary assessment of individual of disability. States Parties shall take all appropriate needs and strengths; measures to ensure access for persons with disabilities

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b. Support participation and inclusion in the commu- f. Promote opportunities for self-employment, en- nity and all aspects of society, are voluntary, and trepreneurship, the development of cooperatives are available to persons with disabilities as close and starting one’s own business; as possible to their own communities, including g. Employ persons with disabilities in the public in rural areas. sector; h. Promote the employment of persons with disa- 2. States Parties shall promote the development of bilities in the private sector through appropriate initial and continuing training for professionals and policies and measures, which may include affir- staff working in habilitation and rehabilitation services. mative action programmes, incentives and other 3. States Parties shall promote the availability, know- measures; ledge and use of assistive devices and technologies, i. Ensure that reasonable accommodation is provided designed for persons with disabilities, as they relate to persons with disabilities in the workplace; to habilitation and rehabilitation. j. Promote the acquisition by persons with disabilities of work experience in the open labour market; Article 27 – Work and employment k. Promote vocational and professional rehabilitation, 1. States Parties recognize the right of persons with job retention and return-to-work programmes for disabilities to work, on an equal basis with others; this persons with disabilities. includes the right to the opportunity to gain a living by 2. States Parties shall ensure that persons with disa- work freely chosen or accepted in a labour market and bilities are not held in slavery or in servitude, and are work environment that is open, inclusive and accessible protected, on an equal basis with others, from forced to persons with disabilities. States Parties shall safe- or compulsory labour. guard and promote the realization of the right to work, including for those who acquire a disability during the Article 28 – Adequate standard of course of employment, by taking appropriate steps, living and social protection including through legislation, to, inter alia: 1. States Parties recognize the right of persons with a. Prohibit discrimination on the basis of disability disabilities to an adequate standard of living for them- with regard to all matters concerning all forms of selves and their families, including adequate food, clo- employment, including conditions of recruitment, thing and housing, and to the continuous improvement hiring and employment, continuance of employ- of living conditions, and shall take appropriate steps ment, career advancement and safe and healthy to safeguard and promote the realization of this right working conditions; without discrimination on the basis of disability. b. Protect the rights of persons with disabilities, on an equal basis with others, to just and favourable 2. States Parties recognize the right of persons with conditions of work, including equal opportunities disabilities to social protection and to the enjoyment and equal remuneration for work of equal value, of that right without discrimination on the basis of di- safe and healthy working conditions, including sability, and shall take appropriate steps to safeguard protection from harassment, and the redress of and promote the realization of this right, including grievances; measures: c. Ensure that persons with disabilities are able to a. To ensure equal access by persons with disabilities exercise their labour and trade union rights on to clean water services, and to ensure access to an equal basis with others; appropriate and affordable services, devices and d. Enable persons with disabilities to have effec- other assistance for disability-related needs; tive access to general technical and vocational b. To ensure access by persons with disabilities, in guidance programmes, placement services and particular women and girls with disabilities and vocational and continuing training; older persons with disabilities, to social protection e. Promote employment opportunities and career programmes and poverty reduction programmes; advancement for persons with disabilities in the c. To ensure access by persons with disabilities and labour market, as well as assistance in finding, ob- their families living in situations of poverty to taining, maintaining and returning to employment; assistance from the State with disability-related

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expenses, including adequate training, counselling, Article 30 – Participation in cultural financial assistance and respite care; life, recreation, leisure and sport d. To ensure access by persons with disabilities to 1. States Parties recognize the right of persons with public housing programmes; disabilities to take part on an equal basis with others e. To ensure equal access by persons with disabilities in cultural life, and shall take all appropriate measures to retirement benefits and programmes. to ensure that persons with disabilities: Article 29 – Participation in political and public life a. Enjoy access to cultural materials in accessible formats; States Parties shall guarantee to persons with disabili- b. Enjoy access to television programmes, films, ties political rights and the opportunity to enjoy them theatre and other cultural activities, in accessible on an equal basis with others, and shall undertake to: formats; a. Ensure that persons with disabilities can effectively c. Enjoy access to places for cultural performances and fully participate in political and public life on or services, such as theatres, museums, cinemas, an equal basis with others, directly or through libraries and tourism services, and, as far as freely chosen representatives, including the right possible, enjoy access to monuments and sites and opportunity for persons with disabilities to of national cultural importance. vote and be elected, inter alia, by: i. Ensuring that voting procedures, facilities and 2. States Parties shall take appropriate measures to materials are appropriate, accessible and easy enable persons with disabilities to have the opportu- to understand and use; nity to develop and utilize their creative, artistic and ii. Protecting the right of persons with disabili- intellectual potential, not only for their own benefit, ties to vote by secret ballot in elections and but also for the enrichment of society. public referendums without intimidation, and 3. States Parties shall take all appropriate steps, in to stand for elections, to effectively hold office accordance with international law, to ensure that laws and perform all public functions at all levels protecting intellectual property rights do not constitute of government, facilitating the use of assistive an unreasonable or discriminatory barrier to access by and new technologies where appropriate; persons with disabilities to cultural materials. iii. Guaranteeing the free expression of the will of persons with disabilities as electors and to 4. Persons with disabilities shall be entitled, on an equal this end, where necessary, at their request, basis with others, to recognition and support of their allowing assistance in voting by a person of specific cultural and linguistic identity, including sign their own choice; languages and deaf culture. b. Promote actively an environment in which persons 5. With a view to enabling persons with disabilities to with disabilities can effectively and fully parti- participate on an equal basis with others in recreational, cipate in the conduct of public affairs, without leisure and sporting activities, States Parties shall take discrimination and on an equal basis with others, appropriate measures: and encourage their participation in public affairs, a. To encourage and promote the participation, including: to the fullest extent possible, of persons with i. Participation in non-governmental organi- disabilities in mainstream sporting activities at zations and associations concerned with the all levels; public and political life of the country, and in b. To ensure that persons with disabilities have an the activities and administration of political opportunity to organize, develop and participate parties; in disability-specific sporting and recreational ii. Forming and joining organizations of persons activities and, to this end, encourage the provi- with disabilities to represent persons with sion, on an equal basis with others, of appropriate disabilities at international, national, regional instruction, training and resources; and local levels. c. To ensure that persons with disabilities have access to sporting, recreational and tourism venues; d. To ensure that children with disabilities have equal access with other children to participation in play,

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recreation and leisure and sporting activities, c. Facilitating cooperation in research and access including those activities in the school system; to scientific and technical knowledge; e. To ensure that persons with disabilities have d. Providing, as appropriate, technical and economic access to services from those involved in the assistance, including by facilitating access to and organization of recreational, tourism, leisure and sharing of accessible and assistive technologies, sporting activities. and through the transfer of technologies.

Article 31 – Statistics and data collection 2. The provisions of this article are without prejudice to the obligations of each State Party to fulfil its obli- 1. States Parties undertake to collect appropriate in- gations under the present Convention. formation, including statistical and research data, to enable them to formulate and implement policies to Article 33 – National implementation and monitoring give effect to the present Convention. The process of 1. States Parties, in accordance with their system of collecting and maintaining this information shall: organization, shall designate one or more focal points a. Comply with legally established safeguards, in- within government for matters relating to the imple- cluding legislation on data protection, to ensure mentation of the present Convention, and shall give due confidentiality and respect for the privacy of consideration to the establishment or designation of a persons with disabilities; coordination mechanism within government to facilitate b. Comply with internationally accepted norms to related action in different sectors and at different levels. protect human rights and fundamental freedoms and ethical principles in the collection and use 2. States Parties shall, in accordance with their legal and of statistics. administrative systems, maintain, strengthen, designate or establish within the State Party, a framework, 2. The information collected in accordance with this including one or more independent mechanisms, as article shall be disaggregated, as appropriate, and appropriate, to promote, protect and monitor imple- used to help assess the implementation of States mentation of the present Convention. When designating Parties’ obligations under the present Convention and or establishing such a mechanism, States Parties shall to identify and address the barriers faced by persons take into account the principles relating to the status with disabilities in exercising their rights. and functioning of national institutions for protection 3. States Parties shall assume responsibility for the and promotion of human rights. dissemination of these statistics and ensure their 3. Civil society, in particular persons with disabilities accessibility to persons with disabilities and others. and their representative organizations, shall be involved Article 32 – International cooperation and participate fully in the monitoring process.

1. States Parties recognize the importance of international Article 34 – Committee on the Rights cooperation and its promotion, in support of national of Persons with Disabilities efforts for the realization of the purpose and objectives 1. There shall be established a Committee on the Rights of the present Convention, and will undertake appro- of Persons with Disabilities (hereafter referred to as priate and effective measures in this regard, between “the Committee”), which shall carry out the functions and among States and, as appropriate, in partnership hereinafter provided. with relevant international and regional organizations and civil society, in particular organizations of persons 2. The Committee shall consist, at the time of entry with disabilities. Such measures could include, inter alia: into force of the present Convention, of twelve experts. a. Ensuring that international cooperation, including After an additional sixty ratifications or accessions to international development programmes, is inclusive the Convention, the membership of the Committee of and accessible to persons with disabilities; shall increase by six members, attaining a maximum b. Facilitating and supporting capacity-building, number of eighteen members. including through the exchange and sharing of 3. The members of the Committee shall serve in their information, experiences, training programmes personal capacity and shall be of high moral standing and best practices; and recognized competence and experience in the field covered by the present Convention. When nominating

224 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition their candidates, States Parties are invited to give due 10. The Committee shall establish its own rules of consideration to the provision set out in article 4.3 of procedure. the present Convention. 11. The Secretary-General of the United Nations shall 4. The members of the Committee shall be elected by provide the necessary staff and facilities for the effec- States Parties, consideration being given to equitable tive performance of the functions of the Committee geographical distribution, representation of the different under the present Convention, and shall convene its forms of civilization and of the principal legal systems, initial meeting. balanced gender representation and participation of 12. With the approval of the General Assembly, the experts with disabilities. members of the Committee established under the pre- 5. The members of the Committee shall be elected by sent Convention shall receive emoluments from United secret ballot from a list of persons nominated by the Nations resources on such terms and conditions as the States Parties from among their nationals at meetings Assembly may decide, having regard to the importance of the Conference of States Parties. At those meetings, of the Committee’s responsibilities. for which two thirds of States Parties shall constitute a 13. The members of the Committee shall be entitled quorum, the persons elected to the Committee shall be to the facilities, privileges and immunities of experts those who obtain the largest number of votes and an on mission for the United Nations as laid down in the absolute majority of the votes of the representatives relevant sections of the Convention on the Privileges of States Parties present and voting. and Immunities of the United Nations. 6. The initial election shall be held no later than six Article 35 – Reports by States Parties months after the date of entry into force of the present Convention. At least four months before the date of each 1. Each State Party shall submit to the Committee, election, the Secretary-General of the United Nations through the Secretary-General of the United Nations, a shall address a letter to the States Parties inviting comprehensive report on measures taken to give effect them to submit the nominations within two months. to its obligations under the present Convention and on The Secretary-General shall subsequently prepare a the progress made in that regard, within two years after list in alphabetical order of all persons thus nomina- the entry into force of the present Convention for the ted, indicating the State Parties which have nominated State Party concerned. them, and shall submit it to the States Parties to the 2. Thereafter, States Parties shall submit subsequent present Convention. reports at least every four years and further whenever 7. The members of the Committee shall be elected for a the Committee so requests. term of four years. They shall be eligible for re-election 3. The Committee shall decide any guidelines applicable once. However, the term of six of the members elected to the content of the reports. at the first election shall expire at the end of two years; immediately after the first election, the names of these 4. A State Party which has submitted a comprehensive six members shall be chosen by lot by the chairperson initial report to the Committee need not, in its subsequent of the meeting referred to in paragraph 5 of this article. reports, repeat information previously provided. When preparing reports to the Committee, States Parties are 8. The election of the six additional members of the invited to consider doing so in an open and transparent Committee shall be held on the occasion of regular process and to give due consideration to the provision elections, in accordance with the relevant provisions set out in article 4.3 of the present Convention. of this article. 5. Reports may indicate factors and difficulties affec- 9. If a member of the Committee dies or resigns or declares ting the degree of fulfilment of obligations under the that for any other cause she or he can no longer perform present Convention. her or his duties, the State Party which nominated the member shall appoint another expert possessing the Article 36 – Consideration of reports qualifications and meeting the requirements set out in 1. Each report shall be considered by the Committee, the relevant provisions of this article, to serve for the which shall make such suggestions and general recom- remainder of the term. mendations on the report as it may consider appropriate

225 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition and shall forward these to the State Party concerned. consideration of the implementation of such pro- The State Party may respond with any information it visions of the present Convention as fall within the chooses to the Committee. The Committee may request scope of their mandate. The Committee may invite further information from States Parties relevant to the the specialized agencies and other competent implementation of the present Convention. bodies as it may consider appropriate to provide expert advice on the implementation of the Con- 2. If a State Party is significantly overdue in the submission vention in areas falling within the scope of their of a report, the Committee may notify the State Party respective mandates. The Committee may invite concerned of the need to examine the implementation specialized agencies and other United Nations of the present Convention in that State Party, on the organs to submit reports on the implementation basis of reliable information available to the Commit- of the Convention in areas falling within the scope tee, if the relevant report is not submitted within three of their activities; months following the notification. The Committee shall b. The Committee, as it discharges its mandate, shall invite the State Party concerned to participate in such consult, as appropriate, other relevant bodies examination. Should the State Party respond by sub- instituted by international human rights treaties, mitting the relevant report, the provisions of paragraph with a view to ensuring the consistency of their 1 of this article will apply. respective reporting guidelines, suggestions and 3. The Secretary-General of the United Nations shall general recommendations, and avoiding dupli- make available the reports to all States Parties. cation and overlap in the performance of their functions. 4. States Parties shall make their reports widely available to the public in their own countries and facilitate Article 39 – Report of the Committee access to the suggestions and general recommendations The Committee shall report every two years to the Ge- relating to these reports. neral Assembly and to the Economic and Social Council 5. The Committee shall transmit, as it may consider on its activities, and may make suggestions and general appropriate, to the specialized agencies, funds and recommendations based on the examination of reports programmes of the United Nations, and other com- and information received from the States Parties. Such petent bodies, reports from States Parties in order to suggestions and general recommendations shall be address a request or indication of a need for technical included in the report of the Committee together with advice or assistance contained therein, along with the comments, if any, from States Parties. Committee’s observations and recommendations, if Article 40 – Conference of States Parties any, on these requests or indications. 1. The States Parties shall meet regularly in a Conference Article 37 – Cooperation between of States Parties in order to consider any matter with States Parties and the Committee regard to the implementation of the present Convention. 1. Each State Party shall cooperate with the Committee 2. No later than six months after the entry into force of the and assist its members in the fulfilment of their mandate. present Convention, the Conference of the States Parties 2. In its relationship with States Parties, the Commit- shall be convened by the Secretary-General of the United tee shall give due consideration to ways and means of Nations. The subsequent meetings shall be convened by enhancing national capacities for the implementation the Secretary-General of the United Nations biennially of the present Convention, including through interna- or upon the decision of the Conference of States Parties. tional cooperation. Article 41 – Depositary Article 38 – Relationship of the The Secretary-General of the United Nations shall be Committee with other bodies the depositary of the present Convention. In order to foster the effective implementation of the Article 42 – Signature present Convention and to encourage international cooperation in the field covered by the present Convention: The present Convention shall be open for signature by all a. The specialized agencies and other United Nations States and by regional integration organizations at United organs shall be entitled to be represented at the Nations Headquarters in New York as of 30 March 2007.

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Article 43 – Consent to be bound Article 47 – Amendments The present Convention shall be subject to ratification 1. Any State Party may propose an amendment to the by signatory States and to formal confirmation by sig- present Convention and submit it to the Secretary-Ge- natory regional integration organizations. It shall be neral of the United Nations. The Secretary-General shall open for accession by any State or regional integration communicate any proposed amendments to States organization which has not signed the Convention. Parties, with a request to be notified whether they favour a conference of States Parties for the purpose Article 44 – Regional integration organizations of considering and deciding upon the proposals. In the 1. “Regional integration organization” shall mean an event that, within four months from the date of such organization constituted by sovereign States of a given communication, at least one third of the States Parties region, to which its member States have transferred favour such a conference, the Secretary-General shall competence in respect of matters governed by this convene the conference under the auspices of the Convention. Such organizations shall declare, in their United Nations. Any amendment adopted by a majority instruments of formal confirmation or accession, the of two thirds of the States Parties present and voting extent of their competence with respect to matters shall be submitted by the Secretary-General to the governed by this Convention. Subsequently, they shall General Assembly for approval and thereafter to all inform the depositary of any substantial modification States Parties for acceptance. in the extent of their competence. 2. An amendment adopted and approved in accordance 2. References to “States Parties” in the present Conven- with paragraph 1 of this article shall enter into force tion shall apply to such organizations within the limits on the thirtieth day after the number of instruments of their competence. of acceptance deposited reaches two thirds of the number of States Parties at the date of adoption of the 3. For the purposes of article 45, paragraph 1, and article amendment. Thereafter, the amendment shall enter 47, paragraphs 2 and 3, any instrument deposited by a into force for any State Party on the thirtieth day follo- regional integration organization shall not be counted. wing the deposit of its own instrument of acceptance. 4. Regional integration organizations, in matters within An amendment shall be binding only on those States their competence, may exercise their right to vote in the Parties which have accepted it. Conference of States Parties, with a number of votes 3. If so decided by the Conference of States Parties by equal to the number of their member States that are consensus, an amendment adopted and approved in Parties to this Convention. Such an organization shall accordance with paragraph 1 of this article which relates not exercise its right to vote if any of its member States exclusively to articles 34, 38, 39 and 40 shall enter into exercises its right, and vice versa. force for all States Parties on the thirtieth day after Article 45 – Entry into force the number of instruments of acceptance deposited reaches two thirds of the number of States Parties at 1. The present Convention shall enter into force on the the date of adoption of the amendment. thirtieth day after the deposit of the twentieth instrument of ratification or accession. Article 48 – Denunciation 2. For each State or regional integration organization A State Party may denounce the present Convention ratifying, formally confirming or acceding to the Conven- by written notification to the Secretary-General of the tion after the deposit of the twentieth such instrument, United Nations. The denunciation shall become effective the Convention shall enter into force on the thirtieth one year after the date of receipt of the notification by day after the deposit of its own such instrument. the Secretary-General.

Article 46 – Reservations Article 49 – Accessible format 1. Reservations incompatible with the object and pur- The text of the present Convention shall be made avai- pose of the present Convention shall not be permitted. lable in accessible formats.

2. Reservations may be withdrawn at any time.

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Article 50 – Authentic texts Article 3 The Arabic, Chinese, English, French, Russian and Spa- Subject to the provisions of article 2 of the present nish texts of the present Convention shall be equally Protocol, the Committee shall bring any communica- authentic. tions submitted to it confidentially to the attention of the State Party. Within six months, the receiving State In witness thereof the undersigned plenipotentiaries, shall submit to the Committee written explanations or being duly authorized thereto by their respective Go- statements clarifying the matter and the remedy, if any, vernments, have signed the present Convention. that may have been taken by that State. OPTIONAL PROTOCOL TO THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES Article 4 1. At any time after the receipt of a communication The States Parties to the present Protocol have agreed and before a determination on the merits has been as follows : reached, the Committee may transmit to the State Party Article 1 concerned for its urgent consideration a request that the State Party take such interim measures as may be 1. A State Party to the present Protocol (“State Party”) necessary to avoid possible irreparable damage to the recognizes the competence of the Committee on the victim or victims of the alleged violation. Rights of Persons with Disabilities (“the Committee”) to receive and consider communications from or on 2. Where the Committee exercises its discretion under behalf of individuals or groups of individuals subject paragraph 1 of this article, this does not imply a de- to its jurisdiction who claim to be victims of a violation termination on admissibility or on the merits of the by that State Party of the provisions of the Convention. communication.

2. No communication shall be received by the Committee Article 5 if it concerns a State Party to the Convention that is not The Committee shall hold closed meetings when exa- a party to the present Protocol. mining communications under the present Protocol. Article 2 After examining a communication, the Committee shall forward its suggestions and recommendations, if any, The Committee shall consider a communication inad- to the State Party concerned and to the petitioner. missible when: Article 6 (a) The communication is anonymous; 1. If the Committee receives reliable information indi- (b) The communication constitutes an abuse of the right cating grave or systematic violations by a State Party of of submission of such communications or is incompatible rights set forth in the Convention, the Committee shall with the provisions of the Convention; invite that State Party to cooperate in the examination (c) The same matter has already been examined by the of the information and to this end submit observations Committee or has been or is being examined under with regard to the information concerned. another procedure of international investigation or 2. Taking into account any observations that may have settlement; been submitted by the State Party concerned as well (d) All available domestic remedies have not been as any other reliable information available to it, the exhausted. This shall not be the rule where the appli- Committee may designate one or more of its members cation of the remedies is unreasonably prolonged or to conduct an inquiry and to report urgently to the unlikely to bring effective relief; Committee. Where warranted and with the consent of the State Party, the inquiry may include a visit to its (e) It is manifestly ill-founded or not sufficiently subs- territory. tantiated; or when 3. After examining the findings of such an inquiry, the (f) The facts that are the subject of the communication Committee shall transmit these findings to the State occurred prior to the entry into force of the present Party concerned together with any comments and Protocol for the State Party concerned unless those recommendations. facts continued after that date.

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4. The State Party concerned shall, within six months of region, to which its member States have transferred receiving the findings, comments and recommendations competence in respect of matters governed by the transmitted by the Committee, submit its observations Convention and this Protocol. Such organizations shall to the Committee. declare, in their instruments of formal confirmation or accession, the extent of their competence with respect 5. Such an inquiry shall be conducted confidentially to matters governed by the Convention and this Pro- and the cooperation of the State Party shall be sought tocol. Subsequently, they shall inform the depositary at all stages of the proceedings. of any substantial modification in the extent of their Article 7 competence. 1. The Committee may invite the State Party concerned 2. References to “States Parties” in the present Protocol to include in its report under article 35 of the Convention shall apply to such organizations within the limits of details of any measures taken in response to an inquiry their competence. conducted under article 6 of the present Protocol. 3. For the purposes of article 13, paragraph 1, and ar- 2. The Committee may, if necessary, after the end of ticle 15, paragraph 2, any instrument deposited by a the period of six months referred to in article 6.4, invite regional integration organization shall not be counted. the State Party concerned to inform it of the measures 4. Regional integration organizations, in matters within taken in response to such an inquiry. their competence, may exercise their right to vote in Article 8 the meeting of States Parties, with a number of votes equal to the number of their member States that are Each State Party may, at the time of signature or rati- Parties to this Protocol. Such an organization shall not fication of the present Protocol or accession thereto, exercise its right to vote if any of its member States declare that it does not recognize the competence of exercises its right, and vice versa. the Committee provided for in articles 6 and 7. Article 13 Article 9 1. Subject to the entry into force of the Convention, the The Secretary-General of the United Nations shall be present Protocol shall enter into force on the thirtieth the depositary of the present Protocol. day after the deposit of the tenth instrument of ratifi- Article 10 cation or accession. The present Protocol shall be open for signature by 2. For each State or regional integration organization signatory States and regional integration organizations ratifying, formally confirming or acceding to the Pro- of the Convention at United Nations Headquarters in tocol after the deposit of the tenth such instrument, New York as of 30 March 2007. the Protocol shall enter into force on the thirtieth day after the deposit of its own such instrument. Article 11 Article 14 The present Protocol shall be subject to ratification by signatory States of this Protocol which have ratified 1. Reservations incompatible with the object and pur- or acceded to the Convention. It shall be subject to pose of the present Protocol shall not be permitted. formal confirmation by signatory regional integration 2. Reservations may be withdrawn at any time. organizations of this Protocol which have formally confirmed or acceded to the Convention. It shall be Article 15 open for accession by any State or regional integration 1. Any State Party may propose an amendment to the organization which has ratified, formally confirmed or present Protocol and submit it to the Secretary-Gene- acceded to the Convention and which has not signed ral of the United Nations. The Secretary-General shall the Protocol. communicate any proposed amendments to States Article 12 Parties, with a request to be notified whether they favour a meeting of States Parties for the purpose of 1. “Regional integration organization” shall mean an considering and deciding upon the proposals. In the organization constituted by sovereign States of a given event that, within four months from the date of such

229 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL – 5th edition communication, at least one third of the States Parties favour such a meeting, the Secretary-General shall convene the meeting under the auspices of the United Nations. Any amendment adopted by a majority of two thirds of the States Parties present and voting shall be submitted by the Secretary-General to the General Assembly for approval and thereafter to all States Parties for acceptance.

2. An amendment adopted and approved in accordance with paragraph 1 of this article shall enter into force on the thirtieth day after the number of instruments of acceptance deposited reaches two thirds of the number of States Parties at the date of adoption of the amendment. Thereafter, the amendment shall enter into force for any State Party on the thirtieth day following the deposit of its own instrument of acceptance. An amendment shall be binding only on those States Parties which have accepted it.

Article 16 A State Party may denounce the present Protocol by written notification to the Secretary-General of the United Nations. The denunciation shall become effective one year after the date of receipt of the notification by the Secretary-General.

Article 17 The text of the present Protocol shall be made available in accessible formats.

Article 18 The Arabic, Chinese, English, French, Russian and Spanish texts of the present Protocol shall be equally authentic.

In witness thereof the undersigned plenipotentiaries, being duly authorized thereto by their respective Go- vernments, have signed the present Protocol.

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