2 nd Edition 2009

Constitutional text of October 5, 1988, with the alterations introduced by Constitutional Amendments No. 1/92 through 57/08 and by Revision Constitutional Amendments No. 1/94 through 6/94. Chamber of Deputies tutional Amendments No. 1/94 through 6/94. through by No. 1/94 Amendments introduced tutional alterations Consti Revision by the and 57/08 with through No. 1/92 Amendments 1988, 5,Constitutional October of text Constitutional

ISBNISBN978-85-736-5596-4857365596-8 -

9 7 8 8 5 7 3 6 5 5 9 6 4 Chamber of Deputies Directing Board 53rd Congress – 3rd Session 2009

President Michel Temer 1st Vice President Marco Maia 2nd Vice President Antonio Carlos Magalhães Neto

1st Secretary Rafael Guerra 2nd Secretary Inocêncio Oliveira 3rd Secretary Odair Cunha 4th Secretary Nelson Marquezelli

Substitutes 1st Substitute Marcelo Ortiz 2nd Substitute Giovanni Queiroz 3rd Substitute Leandro Sampaio 4th Substitute Manoel Junior

General Manager Sérgio Sampaio Contreiras de Almeida Secretary General to the Governing Board Mozart Vianna de Paiva Constitution of the Federative Republic of Brazil Chamber of Deputies

Constitution of the Federative Republic of Brazil 2nd Edition

Constitutional text of October 5, 1988, with the alterations introduced by Constitutional Amendments No. 1/92 through 57/08 and by Revi- sion Constitutional Amendments No. 1/94 through 6/94.

Documentation and Information Center Publishing Coordination Brasília – 2009 CHAMBER OF DEPUTIES

LEGISLATIVE DIVISION Head Afrísio Vieira Lima Filho DOCUMENTATION AND INFORMATION CENTER Head Adolfo C. A. R. Furtado PUBLISHING COORDINATION Head Maria Clara Bicudo Cesar Graphic Project: Paula Scherre and Tereza Cristina Pires da Silva Cover: Cosme Rocha Desktop Publishing: Daniela Barbosa

2008, 1st Edition.

TRANSLATION HISTORY: Original text, Constitutional Amendments No. 1/92 through No. 9/95, and Revision Constitutional Amendments No. 1/94 through 6/94: translated by Istvan Vajda, Patricia de Queiroz Carvalho Zimbres, Vanira Tavares de Souza. Constitutional Amendments No. 10/96 through 15/96: translated by Istvan Vajda. Constitutional Amendments No. 16/97 through 57/08: translated by Vanira Tavares de Souza. Translation Service of the Secretariat of Information and Documentation of the Federal Senate.

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SÉRIE Textos básicos n. 48

Dados Internacionais de Catalogação-na-publicação (CIP) Coordenação de Biblioteca. Seção de Catalogação.

Brasil. [Constituição (1988)]. Constitution of the Federative Republic of Brazil : Constitutional text of October 5, 1988, with the alterations introduced by Constitutional Amendments No. 1/92 through 57/08 and by Revision Constitutional Amendments No. 1/94 through 6/94. – 2. ed. – Brasília : Chamber of Deputies, Documentation and Information Center, 2009. 201 p. – (Série textos básicos ; n. 48)

ISBN 978-85-736-5596-4

1. Constituição, Brasil, 1988 2. Emenda Constitucional, Brasil. I. Título. II. Série.

CDU 342.4(81)”1988”

ISBN 978-85-736-5596-4 (printed) ISBN 978-85-736-5562-6 (PDF) – Table of Contents –

PREAMBLE...... 11 TITLE I – Fundamental Principles (Arts. 1 through 4)...... 11 TITLE II – Fundamental Rights and Guarantees...... 11 CHAPTER I – Individual and Collective Rights and Duties (Art. 5)...... 11 CHAPTER II – Social Rights (Arts. 6 through 11)...... 14 CHAPTER III – Nationality (Arts. 12 and 13)...... 16 CHAPTER IV – Political Rights (Arts. 14 through 16)...... 17 CHAPTER V – Political Parties (Art. 17)...... 18 TITLE III – The Organization of the State...... 18 CHAPTER I – The Political and Administrative Organization (Arts. 18 and 19) ...... 18 CHAPTER II – The Union (Arts. 20 through 24) ...... 18 CHAPTER III – The Federated States (Arts. 25 through 28)...... 21 CHAPTER IV – The Municipalities (Arts. 29 through 31)...... 22 CHAPTER V – TheF ederal District and the Territories...... 23 Section I – The Federal District (Art. 32)...... 23 Section II – TheT erritories (Art. 33)...... 24 CHAPTER VI – Intervention (Arts. 34 through 36)...... 24 CHAPTER VII – Public Administration...... 25 Section I – General Provisions (Arts. 37 and 38)...... 25 Section II – Government Employees (Arts. 39 through 41)...... 27 Section III – The Military of theS tates, of the Federal District, and of the Territories (Art. 42) ...... 29 Section IV – TheR egions (Art. 43) ...... 30 TITLE IV – The Organization of the Powers...... 30 CHAPTER I – The Legislative Power...... 30 Section I – The National Congress (Arts. 44 through 47)...... 30 Section II – Powers of the National Congress (Arts. 48 through 50)...... 30 Section III – The Chamber of Deputies (Art. 51)...... 32 Section IV – The Federal Senate (Art. 52)...... 32 Section V – Deputies and Senators (Arts. 53 through 56)...... 33 Section VI – The Sessions (Art. 57)...... 34 Section VII – The Committees (Art. 58)...... 34 Section VIII – The Legislative Process...... 35 Subsection I – General Provision (Art. 59)...... 35 Subsection II – Amendments to the Constitution (Art. 60)...... 35 Subsection III – The Laws (Arts. 61 through 69)...... 35 Section IX – Accounting, Financial and Budgetary Control (Arts. 70 through 75)...... 38 CHAPTER II – The Executive Power...... 39 Section I – The President and the Vice President of the Republic (Arts. 76 through 83)...... 39 Section II – Duties of the President of the Republic (Art. 84)...... 40 Section III – Liability of the President of the Republic (Arts. 85 and 86)...... 41 Section IV – The Ministers of State (Arts. 87 and 88)...... 41 Section V – The Council of the Republic and the National Defense Council...... 41 Subsection I – The Council of the Republic (Arts. 89 and 90)...... 41 Subsection II – The National Defense Council (Art. 91)...... 42 CHAPTER III – The JudicialP ower...... 42 Section I – General Provisions (Arts. 92 through 100)...... 42 Section II – The Supreme Federal Court (Arts. 101 through 103-B)...... 45 Section III – TheS uperior Court of Justice (Arts. 104 and 105)...... 48 Section IV – TheF ederal Regional Courts and the Federal Judges (Arts. 106 through 110)...... 49 Section V – Labour Courts and Judges (Arts. 111 through 117)...... 50 Section VI – Electoral Courts and Judges (Arts. 118 through 121)...... 52 Section VII – Military Courts and Judges (Arts. 122 through 124)...... 52 Section VIII – Courts and Judges of the States (Arts. 125 and 126)...... 53 CHAPTER IV – The Functions Essential to Justice...... 53 Section I – The Public Prosecution (Arts. 127 through 130-A)...... 53 Section II – The Public Advocacy (Arts. 131 and 132)...... 56 Section III – TheL egal Profession and the Public Legal Defense (Arts. 133 through 135)...... 56 TITLE V – TheD efense of the State and of the Democratic Institutions...... 56 CHAPTER I – The State of Defense and the State of Siege...... 56 Section I – The State of Defense (Art. 136)...... 56 Section II – The State of Siege (Arts. 137 through 139)...... 57 Section III – General Provisions (Arts. 140 and 141)...... 58 Chapter II – The Armed Forces (Arts. 142 and 143)...... 58 CHAPTER III – Public Security (Art. 144)...... 59 TITLE VI – Taxation and Budget...... 59 CHAPTER I – The National Tax System...... 59 Section I – General Principles (Arts. 145 through 149-A)...... 59 Section II – Limitations on the Power to Tax (Arts. 150 through 152)...... 60 Section III – Federal Taxes (Arts. 153 and 154)...... 61 Section IV – State and Federal District Taxes (Art. 155)...... 62 Section V – Municipal Taxes (Art. 156)...... 64 Section VI – Tax Revenue Sharing (Arts. 157 through 162)...... 64 CHAPTER II – Public Finances...... 65 Section I – General Rules (Arts. 163 and 164)...... 65 Section II – Budgets (Arts. 165 through 169)...... 66 TITLE VII – The Economic and Financial Order...... 68 CHAPTER I – The General Principles of the Economic Activity (Arts. 170 through 181)...... 68 CHAPTER II – Urban Policy (Arts. 182 and 183) ...... 70 CHAPTER III – Agricultural and Land Policy and Agrarian Reform (Arts. 184 through 191)...... 71 CHAPTER IV – The National Financial System (Art. 192)...... 72 TITLE VIII – The Social Order...... 72 CHAPTER I – General Provision (Art.193)...... 72 CHAPTER II – Social Welfare...... 72 Section I – General Provisions (Arts. 194 and 195)...... 72 Section II – Health (Arts. 196 through 200)...... 73 Section III – Social Security (Arts. 201 and 202)...... 74 Section IV – Social Assistance (Arts. 203 and 204)...... 76 CHAPTER III – Education, Culture and Sports...... 76 Section I – Education (Arts. 205 through 214)...... 76 Section II – Culture (Arts. 215 and 216)...... 78 Section III – Sports (Art. 217)...... 79 CHAPTER IV – Science and Technology (Arts. 218 and 219)...... 79 CHAPTER V – Social Communication (Arts. 220 through 224)...... 79 CHAPTER VI – Environment (Art. 225)...... 80 CHAPTER VII – Family, Children, Adolescents and the Elderly (Arts. 226 through 230)...... 81 CHAPTER VIII – Indians (Arts. 231 and 232)...... 82 TITLE IX – General Constitutional Provisions (Arts. 233 through 250)...... 83 TEMPORARY CONSTITUTIONAL PROVISIONS ACT (Arts. 1 through 95)...... 88

CONSTITUTIONAL AMENDMENTS...... 109 CONSTITUTIONAL AMENDMENT No. 1, 1992...... 111 CONSTITUTIONAL AMENDMENT No. 2, 1992...... 112 CONSTITUTIONAL AMENDMENT No. 3, 1993...... 113 CONSTITUTIONAL AMENDMENT No. 4, 1993...... 115 CONSTITUTIONAL AMENDMENT No. 5, 1995...... 115 CONSTITUTIONAL AMENDMENT No. 6, 1995...... 116 CONSTITUTIONAL AMENDMENT No. 7, 1995...... 117 CONSTITUTIONAL AMENDMENT No. 8, 1995...... 118 CONSTITUTIONAL AMENDMENT No. 9, 1995...... 119 CONSTITUTIONAL AMENDMENT No. 10, 1996...... 120 CONSTITUTIONAL AMENDMENT No. 11, 1996...... 121 CONSTITUTIONAL AMENDMENT No. 12, 1996...... 122 CONSTITUTIONAL AMENDMENT No. 13, 1996...... 123 CONSTITUTIONAL AMENDMENT No. 14, 1996...... 123 CONSTITUTIONAL AMENDMENT No. 15, 1996...... 125 CONSTITUTIONAL AMENDMENT No. 16, 1997...... 125 CONSTITUTIONAL AMENDMENT No. 17, 1997...... 126 CONSTITUTIONAL AMENDMENT No. 18, 1998...... 128 CONSTITUTIONAL AMENDMENT No. 19, 1998...... 129 CONSTITUTIONAL AMENDMENT No. 20, 1998...... 137 CONSTITUTIONAL AMENDMENT No. 21, 1999...... 143 CONSTITUTIONAL AMENDMENT No. 22, 1999...... 144 CONSTITUTIONAL AMENDMENT No. 23, 1999...... 145 CONSTITUTIONAL AMENDMENT No. 24, 1999...... 146 CONSTITUTIONAL AMENDMENT No. 25, 2000...... 147 CONSTITUTIONAL AMENDMENT No. 26, 2000...... 148 CONSTITUTIONAL AMENDMENT No. 27, 2000...... 149 CONSTITUTIONAL AMENDMENT No. 28, 2000 ...... 150 CONSTITUTIONAL AMENDMENT No. 29, 2000...... 150 CONSTITUTIONAL AMENDMENT No. 30, 2000...... 152 CONSTITUTIONAL AMENDMENT No. 31, 2000...... 154 CONSTITUTIONAL AMENDMENT No. 32, 2001...... 155 CONSTITUTIONAL AMENDMENT No. 33, 2001...... 157 CONSTITUTIONAL AMENDMENT No. 34, 2001 ...... 159 CONSTITUTIONAL AMENDMENT No. 35, 2001...... 160 CONSTITUTIONAL AMENDMENT No. 36, 2002...... 161 CONSTITUTIONAL AMENDMENT No. 37, 2002...... 162 CONSTITUTIONAL AMENDMENT No. 38, 2002...... 164 CONSTITUTIONAL AMENDMENT No. 39, 2002...... 165 CONSTITUTIONAL AMENDMENT No. 40, 2003...... 165 CONSTITUTIONAL AMENDMENT No. 41, 2003...... 166 CONSTITUTIONAL AMENDMENT No. 42, 2003...... 170 CONSTITUTIONAL AMENDMENT No. 43, 2004...... 174 CONSTITUTIONAL AMENDMENT No. 44, 2004...... 174 CONSTITUTIONAL AMENDMENT No. 45, 2004...... 175 CONSTITUTIONAL AMENDMENT No. 46, 2005...... 183 CONSTITUTIONAL AMENDMENT No. 47, 2005...... 184 CONSTITUTIONAL AMENDMENT No. 48, 2005...... 186 CONSTITUTIONAL AMENDMENT No. 49, 2006...... 187 CONSTITUTIONAL AMENDMENT No. 50, 2006...... 188 CONSTITUTIONAL AMENDMENT No. 51, 2006...... 189 CONSTITUTIONAL AMENDMENT No. 52, 2006...... 190 CONSTITUTIONAL AMENDMENT No. 53, 2006...... 191 CONSTITUTIONAL AMENDMENT No. 54, 2007...... 194 CONSTITUTIONAL AMENDMENT No. 55, 2007...... 195 CONSTITUTIONAL AMENDMENT No. 56, 2007...... 196 CONSTITUTIONAL AMENDMENT No. 57, 2008...... 196 REVISION CONSTITUTIONAL AMENDMENT No. 1, 1994...... 197 REVISION CONSTITUTIONAL AMENDMENT No. 2, 1994...... 198 REVISION CONSTITUTIONAL AMENDMENT No. 3, 1994...... 199 REVISION CONSTITUTIONAL AMENDMENT No. 4, 1994...... 200 REVISION CONSTITUTIONAL AMENDMENT No. 5, 1994...... 200 REVISION CONSTITUTIONAL AMENDMENT No. 6, 1994...... 201 Constitution of the Federative Republic of Brazil

– Constitution of the IV – to promote the well-being of all, without preju- dice as to origin, race, sex, colour, age and any other Federative Republic of forms of discrimination. Brazil – Article 4. The international relations of the Federa- tive Republic of Brazil are governed by the following principles: I – national independence; II – prevalence of human rights; III – self-determination of the peoples; IV – non-intervention; Preamble V – equality among the states; VI – defense of peace; We, the representatives of the Brazilian People, con- VII – peaceful settlement of conflicts; vened in the National Constituent Assembly to in- VIII – repudiation of terrorism and racism; stitute a democratic state for the purpose of ensuring IX – cooperation among peoples for the progress the exercise of social and individual rights, liberty, of mankind; security, well-being, development, equality and jus- X – granting of political asylum. tice as supreme values of a fraternal, pluralist and Sole paragraph. The Federative Republic of Brazil unprejudiced society, founded on social harmony and shall seek the economic, political, social and cultural committed, in the internal and international orders, integration of the peoples of Latin America, viewing to the peaceful settlement of disputes, promulgate, the formation of a Latin-American community of under the protection of God, this Constitution of nations. the Federative Republic of Brazil. TITLE II Fundamental Rights and Guarantees

TITLE I CHAPTER I Fundamental Principles Individual and Collective Rights and Duties Article 1. TheF ederative Republic of Brazil, formed by Article 5. All persons are equal before the law, without the indissoluble union of the states and municipalities any distinction whatsoever, Brazilians and foreigners and of the Federal District, is a legal democratic state residing in the country being ensured of inviolability and is founded on: of the right to life, to liberty, to equality, to security I – sovereignty; and to property, on the following terms: (CA No. II – citizenship; 45, 2004) III – the dignity of the human person; I – men and women have equal rights and duties IV – the social values of labour and of the free under the terms of this Constitution; enterprise; II – no one shall be obliged to do or refrain from V – political pluralism. doing something except by virtue of law; Sole paragraph. All power emanates from the people, III – no one shall be submitted to torture or to who exercise it by means of elected representatives or inhuman or degrading treatment; directly, as provided by this Constitution. IV – the expression of thought is free, and anonym- Article 2. TheL egislative, the Executive and the Judi- ity is forbidden; V – the right of reply is ensured, in proportion to cial, independent and harmonious among themselves, the offense, as well as compensation for property or are the powers of the Union. moral damages or for damages to the image; Article 3. The fundamental objectives of theF ederative VI – freedom of conscience and of belief is inviolable, Republic of Brazil are: the free exercise of religious cults being ensured and, I – to build a free, just and solidary society; under the terms of the law, the protection of places II – to guarantee national development; of worship and their rites being guaranteed; III – to eradicate poverty and substandard liv- VII – under the terms of the law, the rendering of ing conditions and to reduce social and regional religious assistance in civil and military establish- ments of collective confinement is ensured; inequalities;

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VIII – no one shall be deprived of any rights by reason XXII – the right of property is guaranteed; of religious belief or philosophical or political convic- XXIII – property shall observe its social function; tion, unless he invokes it to exempt himself from a XXIV – the law shall establish the procedure for expro- legal obligation required of all and refuses to perform priation for public necessity or use, or for social inter- an alternative obligation established by law; est, with fair and previous pecuniary compensation, IX – the expression of intellectual, artistic, scientific, except for the cases provided in this Constitution; and communications activities is free, independently XXV – in case of imminent public danger, the of censorship or license; competent authority may make use of private prop- X – the privacy, private life, honour and image of erty, provided that, in case of damage, subsequent persons are inviolable, and the right to compensation compensation is ensured to the owner; for property or moral damages resulting from their XXVI – the small rural property, as defined by law, violation is ensured; provided that it is exploited by the family, shall XI – the home is the inviolable refuge of the indi- not be subject to attachment for the payment of vidual, and no one may enter therein without the debts incurred by reason of its productive activities, consent of the dweller, except in the event of flagrante and the law shall establish the means to finance its delicto or disaster, or to give help, or, during the day, development; by court order; XXVII – the exclusive right of use, publication or XII – the secrecy of correspondence and of tel- reproduction of works rests upon their authors and egraphic, data and telephone communications is is transmissible to their heirs for the time the law inviolable, except, in the latter case, by court order, shall establish; in the cases and in the manner prescribed by law for XXVIII – under the terms of the law, the following the purposes of criminal investigation or criminal are ensured: procedural finding of facts; a) protection of individual participation in collective XIII – the practice of any work, trade or profession is works and of reproduction of the human image and free, observing the professional qualifications which voice, sports activities included; the law shall establish; b) the right to authors, interpreters, and respective XIV – access to information is ensured to everyone and unions and associations to monitor the economic the confidentiality of the source shall be safeguarded, exploitation of the works which they create or in whenever necessary to the professional activity; which they participate; XV – locomotion within the national territory is XXIX – the law shall ensure the authors of indus- free in time of peace, and any person may, under trial inventions of a temporary privilege for their the terms of the law, enter it, remain therein or leave use, as well as protection of industrial creations, it with his assets; property of trademarks, names of companies and XVI – all persons may hold peaceful meetings, other distinctive signs, viewing the social interest without weapons, in places open to the public, and the technological and economic development regardless of authorization provided that they do of the country; not frustrate another meeting previously called for XXX – the right to inheritance is guaranteed; the same place, subject only to prior notice to the XXXI – succession to the estate of foreigners which competent authority; is located in Brazil shall be regulated by the Brazilian XVII – freedom of association for lawful purposes law in favour of the Brazilian spouse or children, is fully guaranteed, any paramilitary association whenever the personal law of the deceased is not being forbidden; more favourable to them; XVIII – the creation of associations and, under the XXXII – the State shall provide, as set forth by law, terms of the law, that of cooperatives is not subject for the defense of consumers; to authorization, and State interference in their XXXIII – all persons have the right to receive, from operation is forbidden; the public agencies, information of private interest XIX – associations may only be compulsorily dis- to such persons, or of collective or general interest, solved or have their activities suspended by a judicial which shall be provided within the period established decision, and a final and unappealable decision is by law, subject to liability, except for the information required in the first case; whose secrecy is essential to the security of society XX – no one shall be compelled to become associated and of the State; or to remain associated; XXXIV – the following are ensured to everyone, XXI – when expressly authorized, associations shall without any payment of fees: have the legitimacy to represent their members either a) the right to petition the Government in defense judicially or extrajudicially; of rights or against illegal acts or abuse of power;

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b) the obtaining of certificates from government a) of death, save in case of declared war, under the offices, for the defense of rights and clarification terms of article 84, XIX; of situations of personal interest; b) of life imprisonment; XXXV – the law shall not exclude any injury or c) of hard labour; threat to a right from the consideration of the Ju- d) of banishment; dicial Power; e) which is cruel; XXXVI – the law shall not injure the vested right, XLVIII – the sentence shall be served in separate the perfect juridical act and the res judicata; establishments, according to the nature of the of- XXXVII – there shall be no exceptional tribunal fense, the age and the sex of the convict; or court; XLIX – prisoners are ensured of respect to their XXXVIII – the institution of the jury is recognized, physical and moral integrity; according to the organization which the law shall L – female prisoners shall be ensured of adequate establish, and the following are ensured: conditions to stay with their children during the a) full defense; nursing period; b) secrecy of voting; LI – no Brazilian shall be extradited, except the c) sovereignty of verdicts; naturalized ones in the case of a common crime d) power to judge willful crimes against life; committed before naturalization, or in the case XXXIX – there is no crime without a previous law there is sufficient evidence of participation in the to define it, nor a punishment without a previous illicit traffic of narcotics and related drugs, under legal commination; the terms of the law; XL – penal law shall not be retroactive, except to LII – extradiction of a foreigner on the basis of politi- benefit the defendant; cal or ideological crime shall not be granted; XLI – the law shall punish any discrimination LIII – no one shall undergo legal proceeding or which may attempt against fundamental rights sentencing save by the competent authority; and liberties; LIV – no one shall be deprived of freedom or of his XLII – the practice of racism is a non-bailable crime, assets without the due process of law; with no limitation, subject to the penalty of confine- LV – litigants, in judicial or administrative processes, ment, under the terms of the law; as well as defendants in general are ensured of the XLIII – the practice of torture, the illicit traffic of adversary system and of full defense, with the means narcotics and related drugs, as well as terrorism, and and resources inherent to it; crimes defined as heinous crimes shall be considered LVI – evidence obtained through illicit means are by law as non-bailable and not subject to grace or unacceptable in the process; amnesty, and their principals, agents, and those LVII – no one shall be considered guilty before the who omit themselves while being able to avoid such issuing of a final and unappealable penal sentence; crimes shall be held liable; LVIII – no one who has undergone civil identifica- XLIV – the action of armed groups, either civil or tion shall be submitted to criminal identification, military, against the constitutional order and the save in the cases provided by law; democratic state is a non-bailable crime, with no LIX – private prosecution in the cases of crimes limitation; subject to public prosecution shall be admitted, XLV – no punishment shall go beyond the person whenever the latter is not filed within the period of the convict, and the obligation to compensate for established by law; the damage, as well as the decreeing of loss of assets LX – the law may only restrict the publicity of may, under the terms of the law, be extended to the procedural acts when the defense of privacy or the successors and executed against them, up to the limit social interest require it; of the value of the assets transferred; LXI – no one shall be arrested unless in flagrante delicto XLVI – the law shall regulate the individualiza- or by a written and justified order of a competent judi- tion of punishment and shall adopt the following, cial authority, save in the cases of military transgression among others: or specific military crime, as defined in law; a) deprivation or restriction of freedom; LXII – the arrest of any person as well as the place b) loss of assets; where he is being held shall be immediately informed c) fine; to the competent judge and to the family of the d) alternative rendering of social service; person arrested or to the person indicated by him; e) suspension or deprivation of rights; LXIII – the arrested person shall be informed of XLVII – there shall be no punishment: his rights, among which the right to remain silent,

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and he shall be ensured of assistance by his family LXXIV – the State shall provide full and free-of- and a lawyer; charge legal assistance to all who prove insufficiency LXIV – the arrested person is entitled to identifi- of funds; cation of those responsible for his arrest or for his LXXV – the State shall compensate a convict for police questioning; judicial error, as well as a person who remains im- LXV – illegal arrest shall be immediately remitted prisoned for a period longer than the one established by the judicial authority; by the sentence; LXVI – no one shall be taken to prison or held LXXVI – for all who are acknowledgedly poor, therein, when the law admits release on own recog- the following is free of charge, under the terms nizance, subject or not to bail; of the law: LXVII – there shall be no civil imprisonment for a) civil birth certificate; indebtedness except in the case of a person responsi- b) death certificate; ble for voluntary and inexcusable default of alimony LXXVII – habeas corpus and habeas data proceedings obligation and in the case of an unfaithful trustee; and, under the terms of the law, the acts necessary to LXVIII – habeas corpus shall be granted whenever a the exercise of citizenship are free of charge; person suffers or is in danger of suffering violence LXXVIII – a reasonable length of proceedings and or coercion against his freedom of locomotion, on the means to guarantee their expeditious considera- account of illegal actions or abuse of power; tion are ensured to everyone, both in the judicial LXIX – a writ of mandamus shall be issued to protect and administrative spheres. a clear and perfect right, not covered by habeas corpus Paragraph 1. The provisions defining fundamental or habeas data, whenever the party responsible for the rights and guarantees are immediately applicable. illegal actions or abuse of power is a public official or Paragraph 2. The rights and guarantees expressed an agent of a corporate legal entity exercising duties in this Constitution do not exclude others deriving of the Government; from the regime and from the principles adopted LXX – a collective writ of mandamus may be by it, or from the international treaties in which the filed by: Federative 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 associa- National Congress, in two rounds of voting, by three tion legally constituted and in operation for at least fifths of the votes of the respective members shall be one year, to defend the interests of its members equivalent to constitutional amendments. or associates; Paragraph 4. Brazil accepts the jurisdiction of an LXXI – a writ of injunction shall be granted when- International Criminal Court to whose creation it ever the absence of a regulatory provision disables has expressed its adhesion. the exercise of constitutional rights and liberties, as well as the prerogatives inherent to nationality, CHAPTER II sovereignty and citizenship; Social Rights LXXII – habeas data shall be granted: a) to ensure the knowledge of information related Article 6. Education, health, work, housing, leisure, to the person of the petitioner, contained in records security, social security, protection of motherhood or data banks of government agencies or of agencies and childhood, and assistance to the destitute, are of a public character; social rights, as set forth by this Constitution. (CA b) for the correction of data, when the petitioner does No. 26, 2000) not prefer to do so through a confidential process, either judicial or administrative; Article 7. The following are rights of urban and rural LXXIII – any citizen is a legitimate party to file a workers, among others that aim to improve their social people’s legal action with a view to nullifying an act conditions: (CA No. 20, de 1998; CA No. 28, 2000; injurious to the public property or to the property CA No. 53, 2006) of an entity in which the State participates, to the I – employment protected against arbitrary dismissal administrative morality, to the environment, and or against dismissal without just cause, in accord- to the historic and cultural heritage, and the author ance with a supplementary law which shall establish shall, save in the case of proven bad faith, be exempt severance-pay, among other rights; from judicial costs and from the burden of defeat; II – unemployment insurance, in the event of in- voluntary unemployment;

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III – severance-pay fund; XXV – free assistance for children and dependents IV – nationally unified minimum monthly wage, of up to five years of age, in day-care centres and established by law, capable of satisfying their ba- pre-school facilities; sic living needs and those of their families with XXVI – recognition of collective bargaining agree- housing, food, education, health, leisure, clothing, ments and covenants; hygiene, transportation, and social security, with XXVII – protection on account of automation, as periodical adjustments to maintain its purchasing established by law; power, it being forbidden to use it as an index for XXVIII – occupational accident insurance, to be any purpose; paid for by the employer, without excluding the V – a salary floor in proportion to the extent and employer’s liability for indemnity in the event of complexity of the work; malice or fault; VI – irreducibility of the wages, except when estab- XXIX – legal action, with respect to credits arising lished in collective agreement or covenant; from employment relationships, with a limitation VII – guarantee of wages never below the minimum of five years for urban and rural workers, up to the one, for those receiving variable pay; limit of two years after the end of the employment VIII – year-end one-salary bonus based on the full contract; pay or on the amount of the pension; a) (revoked); IX – payrate for night-shift work higher than that b) (revoked); for daytime work; XXX – prohibition of any difference in wages, in X – wage protection, as provided by law, with feloni- the performance of duties and in hiring criteria by ous withholding of wages being a crime; reason of sex, age, colour or marital status; XI – participation in the profits or results, independ- XXXI – prohibition of any discrimination with ent of wages, and, exceptionally, participation in the respect to wages and hiring criteria of handicapped management of the company, as defined by law; workers; XII – family allowance paid to each dependent of XXXII – prohibition of any distinction between low-income workers, under the terms of the law; manual, technical, and intellectual work or among XIII – normal working hours not exceeding eight the respective professionals; hours per day and forty-four hours per week, with the XXXIII – prohibition of night, dangerous, or un- option of compensating working hours and reducing healthy work for minors under eighteen years of the length of the workday through an agreement or age, and of any work for minors under sixteen years a collective bargaining covenant; of age, except as an apprentice, for minors above XIV – a workday of six hours for work carried out fourteen years of age; in continuous shifts, unless otherwise established XXXIV – equal rights for workers with a permanent by collective bargaining; employment bond and for sporadic workers. XV – paid weekly leave, preferably on Sundays; Sole paragraph. The category of domestic servants is XVI – rate of pay for overtime at least fifty per cent ensured of the rights set forth in items IV, VI, VIII, higher than that of normal work; XV, XVII, XVIII, XIX, XXI and XXIV, as well as of XVII – annual vacation with remuneration at least integration in the social security system. one third higher than the normal salary; Article 8. Professional or union association is free, XVIII – maternity leave without loss of job and of sal- with regard for the following: ary, for a period of one hundred and twenty days; XIX – paternity leave, under the terms established I – the law may not require authorization of the State by law; for a union to be founded, except for authorization XX – protection of the labour market for women for registration with the competent agency, it being through specific incentives, as provided by law; forbidden to the Government the interference and XXI – advance notice of dismissal in proportion the intervention in the union; to the length of service, of at least thirty days, as II – it is forbidden to create more than one union, provided by law; at any level, representing a professional or economic XXII – reduction of employment related risks by category, in the same territorial base, which shall means of health, hygiene and safety rules; be defined by the workers or employers concerned, XXIII – additional remuneration for strenuous, un- which base may not cover less than the area of one healthy or dangerous work, as established by law; municipality; XXIV – retirement pension; III – it falls to the union to defend the collective or individual rights and interests of the category, including legal or administrative disputes;

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IV – the general assembly shall establish the contri- c) those born abroad, to a Brazilian father or a bution which, in the case of a professional category, Brazilian mother, provided that they are registered shall be discounted from the payroll, to support with a competent Brazilian authority, or come to the confederative system of the respective union reside in the Federative Republic of Brazil, and representation, regardless of the contribution set opt for the Brazilian nationality at any time after forth by law; reaching majority; V – no one shall be required to join or to remain a II – naturalized: member of a union; a) those who, as set forth by law, acquire Brazilian VI – the collective labour bargainings must be held nationality, it being the only requirement for persons with the participation of unions; originating from Portuguese-speaking countries VII – retired members shall be entitled to vote and the residence for one uninterrupted year and good be voted on in unions; moral repute; VIII – the dismissal of a unionised employee is b) foreigners of any nationality, resident in the forbidden from the moment of the registration of Federative Republic of Brazil for over fifteen un- his candidacy to a position of union direction or rep- interrupted years and without criminal convic- resentation and, if elected, even if as a substitute, up tion, provided that they apply for the Brazilian to one year after the end of his term in office, unless nationality. he commits a serious fault as established by law. Paragraph 1. The rights inherent toB razilians shall Sole paragraph. The provisions of this article apply be attributed to Portuguese citizens with perma- to the organization of rural unions and those of fish- nent residence in Brazil, if there is reciprocity in ing communities, with due regard for the conditions favour of Brazilians, except in the cases stated in established by law. this Constitution. Paragraph 2. The law may not establish any distinc- Article 9. The right to strike is guaranteed, it be- tion between born and naturalized Brazilians, except ing the competence of the workers to decide on the in the cases stated in this Constitution. advisability of exercising it and on the interests to be Paragraph 3. The following offices are exclusive for defended thereby. born Brazilians: Paragraph 1. The law shall define the essential serv- I – those of President and Vice President of the ices or activities and shall provide with respect to the Republic; satisfaction of the community’s undelayable needs. II – that of President of the Chamber of Deputies; Paragraph 2. The abuses committed shall subject III – that of President of the Federal Senate; those responsible to the penalties of the law. IV – that of Justice of the Supreme Federal Court; Article 10. The participation of workers and employ- V – those of the diplomatic career; ers is ensured in the collegiate bodies of government VI – that of officer of the Armed Forces; agencies in which their professional or social security VII – that of Minister of Defense. interests are subject of discussion and resolution. Paragraph 4. Loss of nationality shall be declared for a Brazilian who: Article 11. It is ensured, in companies with more I – has his naturalization cancelled by court decision than 200 employees, the election of a representative of on account of an activity harmful to the national the employees for the exclusive purpose of furthering interests; direct negotiations with the employers. II – acquires another nationality, save in the cases: a) of recognition of the original nationality by the CHAPTER III foreign law; Nationality b) of imposition of naturalization, under the foreign rules, to the Brazilian resident in a foreign State, as Article 12. The following areB razilians: (RCA No. 3, a condition for permanence in its territory, or for 1994, CA No. 23, 1999; CA No. 54, 2007) the exercise of civil rights. I – by birth: Article 13. Portuguese is the official language of the a) those born in the Federative Republic of Brazil, Federative Republic of Brazil. even if of foreign parents, provided that they are Paragraph 1. The national flag, anthem, coat of arms not at the service of their country; and seal are the symbols of the Federative Republic b) those born abroad, of a Brazilian father or a Bra- of Brazil. zilian mother, provided that either of them is at the Paragraph 2. The states, theF ederal District and the service of the Federative Republic of Brazil; municipalities may have symbols of their own.

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CHAPTER IV Mayor or of those who have replaced them within Political Rights the six months preceding the election, are not eligible in the jurisdiction of the incumbent, unless they Article 14. The sovereignty of the people shall be already hold an elective office and are candidates exercised by universal suffrage and by the direct and for re-election. secret voting, with equal value for all, and, according Paragraph 8. A member of the Armed Forces that to the law, by means of: (RCA No. 4, 1993; CA No. can be registered as voter is eligible if the following 16, 1997) conditions are met: I – plebiscite; I – if he has less than ten years of service, he shall II – referendum; have to take leave from military activities; III – people’s initiative. II – if he has more than ten years of service, he shall Paragraph 1. Electoral enrollment and voting are: be discharged of military duties by his superiors and, I – mandatory for persons over eighteen years if elected, he shall automatically pass into retire- of age; ment upon the issuing of the official certificate of II – optional for: electoral victory. a) the illiterate; Paragraph 9. In order to protect the administrative b) those over seventy years of age; probity, the morality for the exercise of the office, the c) those over sixteen and under eighteen years previous life of the candidate being considered, and of age. the normality and legitimacy of the elections against Paragraph 2. Foreigners cannot register as voters the influence of the economic power or of the abuse and neither can conscripts during their period of in the holding of office, position or job in the direct compulsory military service; or indirect public administration, a supplementary Paragraph 3. The conditions for eligibility, according law shall establish other cases of ineligibility and the to the law, are: periods for such ineligibilities to cease. I – the Brazilian nationality; Paragraph 10. The exercise of an elective mandate II – the full exercise of the political rights; may be impugned before the Electoral Courts within a III – the electoral enrollment; period of fifteen days after the date of the issuing of the IV – the electoral domicile in the electoral district; official certificate of electoral victory, substantiating V – the membership in a political party; the suit with evidence of abuse of economic power, VI – the minimum age of: corruption or fraud. a) thirty-five years forP resident and Vice President Paragraph 11. The procedure of the suit impugning of the Republic and Senator; the office shall be secret, and the plaintiff shall be b) thirty years for Governor and Vice Governor of liable under the law if the suit is reckless or involves a state and of the Federal District; manifest bad faith. c) twenty-one years for Federal Deputy, State or Article 15. Disfranchisement of political rights is District Deputy, Mayor, Vice Mayor, and justice forbidden, the loss or suspension of which rights shall of the peace; apply only in the event of: d) eighteen years for City Councilman. I – cancellation of naturalization by a final and Paragraph 4. The illiterate and those that cannot be unappealable judgement; registered as voters are not eligible. II – absolute civil incapacity; Paragraph 5. The President of the Republic, the III – final and unappealable criminal sentence, for State and Federal District Governors, the Mayors and as long as its effects last; those who have succeeded or replaced them during IV – refusal to comply with an obligation imposed their terms of office may be reelected for only one upon everyone or to render an alternative service, subsequent term. according to article 5, VIII; Paragraph 6. In order to run for other offices, the V – administrative dishonesty, according to article President of the Republic, the State and Federal 37, paragraph 4. District Governors and the Mayors have to resign from their respective offices at least six months in Article 16. The law that alters the electoral procedure advance of the election. shall come into force on the date of its publication, and Paragraph 7. The spouse and relatives by blood or shall not apply to the elections that take place within marriage, up to the second degree or by adoption, one year of it being in force. (CA No. 4, 1993) of the President of the Republic, of the Governor of a State or Territory or of the Federal District, of a

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CHAPTER V means of a plebiscite, and of the National Congress, Political Parties by means of a supplementary law. Paragraph 4. The establishment, merger, fusion Article 17. The creation, amalgamation, merger and and dismemberment of municipalities shall be ef- extinction of political parties is free, with due regard fected through state law, within the period set forth for national sovereignty, the democratic regime, the by supplementary federal law, and shall depend on plurality of political parties, the fundamental rights of prior consultation, by means of a plebiscite, of the the individual, and observing the following precepts: population of the municipalities concerned, after the (CA No. 52, 2006) publication of Municipal Feasibility Studies, presented I – national character; and published as set forth by law. II – prohibition from receiving financial assistance Article 19. TheU nion, the states, the Federal District from a foreign entity or government or from sub- and the municipalities are forbidden to: ordination to same; I – establish religious sects or churches, subsidize III – rendering of accounts to the Electoral Courts; them, hinder their activities, or maintain relation- IV – operation in the National Congress in accord- ships of dependence or alliance with them or their ance with the law. representatives, without prejudice to collaboration in Paragraph 1. Political parties are ensured of auton- the public interest in the manner set forth by law; omy to define their internal structure, organization, II – refuse to honour public documents; and operation, and to adopt the selection criteria and III – create distinctions between Brazilians or prefer- the composition of their electoral coalitions, without ences favouring some. being required to follow the same party alliances at the national, state, Federal District, or municipal levels, and their by-laws shall establish rules of party CHAPTER II loyalty and discipline. The Union Paragraph 2. After acquiring corporate legal status under civil law, political parties shall register their Article 20. The following are property of the by-laws at the Superior Electoral Court. Union: (CA No. 46, 2005) Paragraph 3. Political parties are entitled to monies I – the property which presently belongs to it as well from the party fund and to free-of-charge access to as that which may be attributed to it; radio and television, as established by law. II – the unoccupied lands essential to the defense Paragraph 4. Political parties are forbidden to use of the boundaries, the fortifications and military paramilitary organizations. constructions, the federal routes of communica- tion and the preservation of the environment, as TITLE III defined by law; The Organization of the State III – the lakes, rivers and any watercourses in lands within its domain, or that wash more than one state, that serve as boundaries with other countries, or that CHAPTER I extend into foreign territory or proceed therefrom, The Political and Administrative Organization as well as bank lands and river beaches; IV – the river and lake islands in zones bordering Article 18. The political and administrative organiza- with other countries; sea beaches; ocean and off- tion of the Federative Republic of Brazil comprises the shore islands, excluding those which are the seat of Union, the states, the Federal District and the munici- Municipalities, with the exception of areas assigned palities, all of them autonomous, as this Constitution to public services and to federal environmental units, provides. (CA No. 15, 1996) and those referred to in article 26, II; Paragraph 1. Brasília is the federal capital. V – the natural resources of the continental shelf Paragraph 2. The federal territories are part of the and of the exclusive economic zone; Union and their establishment, transformation into VI – the territorial sea; states or reintegration into the state of origin shall VII – tide lands and those added to them; be regulated by a supplementary law. VIII – the hydraulic energy potentials; Paragraph 3. The states may merge into each other, IX – the mineral resources, including those of subdivide or dismember to be annexed to others or the subsoil; to form new states or federal territories, subject to X – the natural underground cavities and the ar- the approval of the population directly concerned, by chaeological and pre-historic sites;

18 Constitution of the Federative Republic of Brazil

XI – those lands traditionally occupied by the c) air and aerospace navigation and airport infra- Indians. structure; Paragraph 1. In accordance with the law, the partici- d) railway and waterway services between seaports pation in the results of the exploitation of petroleum and national borders or which cross the boundary or natural gas, hydric resources for the purpose of of a state or territory; generation of electric power and other mineral re- e) interstate and international highway passenger sources in the respective territory, continental shelf, transportation services; territorial sea or exclusive economic zone, or financial f) sea, river and lake ports; compensation for the exploitation thereof, is assured XIII – organize and maintain the Judicial Power, the to the states, the Federal District and the municipali- Public Prosecution and the Public Legal Defense of ties, as well as to agencies of the direct administration the Federal District and territories; of the Union. XIV – organize and maintain the plainclothes police, Paragraph 2. The strip of land up to a hundred the uniformed police force, and the uniformed and fifty kilometers in width alongside the terres- fire brigade of the Federal District, as well as to trial boundaries, designated as boundary zone, is provide financial support to the Federal District considered essential to the defense of the national for the carrying out of public services by means of territory and its occupation and utilization shall be a specific fund; regulated by law. XV – organize and maintain the official services of statistics, geography, geology and cartography of Article 21. The Union shall have the power to: (CA national scope; No. 8, 995; CA No. 19, 1998; CA No. 49, 2006) XVI – classify, for indicative purposes, public enter- I – maintain relations with foreign states and par- tainment and radio and television programs; ticipate in international organizations; XVII – grant amnesty; II – declare war and make peace; XVIII – plan and promote permanent defense against III – ensure national defense; public disasters, especially droughts and floods; IV – allow foreign forces, in the cases provided for XIX – establish a national system for the manage- in a supplementary law, to pass through the national ment of hydric resources and define criteria for the territory or to remain therein temporarily; concession of the right to their use; V – declare a state of siege, a state of defense and XX – establish directives for urban development, federal intervention; including housing, basic sanitation and urban trans- VI – authorize and control the production and trade portation; of military matériel; XXI – establish principles and directives for the VII – issue currency; national transportation system; VIII – manage the foreign exchange reserves of the XXII – perform the services of maritime, airport, country and control financial operations, especially and border police; those of credit, exchange and capitalization, as well XXIII – operate nuclear energy services and facili- as insurance and private security; ties of any nature and exercise state monopoly over IX – prepare and carry out national and regional research, mining, enrichment and reprocessing, plans for the ordaining of the territory and for eco- industrialization and trade in nuclear ores and their nomic and social development; by-products, taking into account the following prin- X – maintain the postal service and the national ciples and conditions: air mail; a) all nuclear activity within the national territory XI – operate, directly or through authorization, shall only be admitted for peaceful purposes and concession or permission, the telecommunications subject to approval by the National Congress; services, as set forth by law, which law shall provide for b) under a permission, authorization is granted for the organization of the services, the establishment of the sale and use of radioisotopes in research and for a regulatory agency and other institutional issues; medical, agricultural, and industrial purposes; XII – operate, directly or through authorization, c) under a permission, authorization is granted for concession or permission: the production, sale, and use of radioisotopes with a) the services of sound broadcasting and of sound a half-life lower than two hours; and image broadcasting; d) civil liability for nuclear damages does not depend b) the electric power services and facilities and the on the existence of fault; energetic exploitation of watercourses, jointly with XXIV – organize, maintain and carry out inspection the states wherein those hydroenergetic potentials of working conditions; are located;

19 Constitution of the Federative Republic of Brazil

XXV – establish the areas and conditions for the exer- States, the Federal District, and the Municipalities, cise of placer mining activities in associative form. in accordance with article 37, XXI, and for public enterprises and joint stock companies, under the Article 22. The Union has the exclusive power to terms of article 173, paragraph 1, III; legislate on: (CA No. 19, 1998) XXVIII – territorial defense, aerospace defense, I – civil, commercial, criminal, procedural, elec- maritime defense, civil defense, and national toral, agrarian, maritime, aeronautical, space and mobilization; labour law; XXIX – commercial advertising. II – expropriation; Sole paragraph. A supplementary law may authorize III – civil and military requisitioning, in case of the states to legislate upon specific questions related imminent danger or in times of war; to the matters listed in this article. IV – waters, energy, informatics, telecommunications and radio broadcasting; Article 23. TheU nion, the states, the Federal District V – the postal service; and the municipalities, in common, have the power: VI – the monetary and measures systems, metal (CA No. 53, 2006) certificates and guarantees; I – to ensure that the Constitution, the laws and VII – policies for credit, foreign exchange, insurance the democratic institutions are respected and that and transfer of values; public property is preserved; VIII – foreign and interstate trade; II – to provide for health and public assistance, for the IX – guidelines for the national transportation protection and safeguard of handicapped persons; policy; III – to protect the documents, works and other X – the regime of the ports and lake, river, ocean, assets of historical, artistic or cultural value, the air and aerospace navigation; monuments, the remarkable landscapes and the XI – traffic and transportation; archaeological sites; XII – beds of ore, mines, other mineral resources IV – to prevent works of art and other assets of and metallurgy; historical, artistic and cultural value from being XIII – nationality, citizenship and naturalization; taken out of the country, destroyed or from being XIV – Indian populations; deprived of their original characteristics; XV – emigration, immigration, entry, extradition V – to provide the means of access to culture, educa- and expulsion of foreigners; tion and science; XVI – the organization of the national employ- VI – to protect the environment and to fight pol- ment system and conditions for the practice of lution in any of its forms; professions; VII – to preserve the forests, fauna and flora; XVII – the judicial organization of the Public Pros- VIII – to promote agriculture and organize the ecution and of the Public Legal Defense of the supply of foodstuff; Federal District and of the territories, as well as their IX – to promote housing construction programs administrative organization; and the improvement of housing and basic sanita- XVIII – the national statistical, cartographic and tion conditions; geological systems; X – to fight the causes of poverty and the factors XIX – systems of savings, as well as of obtaining and leading to substandard living conditions, promoting guaranteeing popular savings; the social integration of the unpriviledged sectors XX – consortium and lottery systems; of the population; XXI – general organization rules, troops, matériel, 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 XII – to establish and to implement an educational the 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 rules for the cooperation between the Federal Gov- education; ernment and the states, the Federal District, and the XXV – public registers; municipalities, aiming at the attainment of balanced XXVI – nuclear activities of any nature; development and well-being on a nationwide scope. XXVII – general rules for all types of bidding and Article 24. The Union, the states and the Federal contracting for governmental entities, associate gov- District have the power to legislate concurrently on: ernment agencies, and foundations of the Union, the

20 Constitution of the Federative Republic of Brazil

I – tax, financial, penitentiary, economic and ur- local services of piped gas, as provided for by law, banistic law; it being forbidden to issue any provisional measure II – budget; for its regulation. III – trade boards; Paragraph 3. The states may, by means of a supple- IV – costs of forensic services; mentary law, establish metropolitan regions, urban V – production and consumption; agglomerations and microregions, formed by the VI – forests, hunting, fishing, fauna, preservation grouping of adjacent municipalities, in order to inte- of nature, defense of the soil and natural resources, grate the organization, the planning and the operation protection of the environment and control of of public functions of common interest. pollution; Article 26. The property of the states includes: VII – protection of the historic, cultural and artistic heritage, as well as of assets of touristic interest and I – surface or subterranean waters, flowing, emerg- landscapes of outstanding beauty; ing or in deposit, with the exception, in this case, of VIII – liability for damages to the environment, to those resulting from work carried out by the Union, consumers, to assets and rights of artistic, aesthetic, as provided by law; historical, and touristic value, as well as to remark- II – the areas, on ocean and coastal islands, which able landscapes; are within their domain, excluding those under IX – education, culture, teaching and sports; the domain of the Union, the municipalities or X – establishment, operation and procedures of third parties; small claims courts; III – the river and lake islands which do not belong XI – judicial procedures; to the Union; XII – social security, protection and defense of IV – the unoccupied lands not included among health; those belonging to the Union. XIII – legal assistance and public defense; Article 27. The number of Deputies in the Legisla- XIV – protection and social integration of handi- tive Assembly shall correspond to three times the capped persons; representation of the state in the Chamber of Depu- XV – protection of childhood and youth; ties and, when the number of thirty-six has been XVI – organization, guarantees, rights and duties reached, it shall be increased by as many members of the civil polices. as the number of Federal Deputies exceeding twelve. Paragraph 1. Within the scope of concurrent legisla- (CA No. 19, 1998) tion, the competence of the Union shall be limited Paragraph 1. The term of office of theS tate Deputies to the establishment of general rules. shall be four years and the provisions of this Consti- Paragraph 2. The competence of the Union to leg- tution shall be applied to them in what refers to the islate upon general rules does not exclude the sup- electoral system, inviolability, immunities, remunera- plementary competence of the states. tion, loss of office, leave of absence, impediments, Paragraph 3. If there is no federal law on general and incorporation into the Armed Forces. rules, the states shall exercise full legislative compe- Paragraph 2. The compensation of State Deputies tence to provide for their peculiarities. shall be established by an act of the State Legislative Paragraph 4. The supervenience of a federal law over Assembly, in the proportion of seventy-five percent, general rules suspends the effectiveness of a state law at most, of the compensation established, in legal to the extent that the two are contrary. tender, for Federal Deputies, as provided by articles 39, paragraph 4; 57, paragraph 7; 150, II; 153, III; CHAPTER III and 153, paragraph 2, I. The Federated States Paragraph 3. The Legislative Assemblies shall have the power to provide upon their internal regulations, Article 25. The states are organized and governed police, and the administrative services of their Secre- by the Constitutions and laws they may adopt, in tariat and to fill in the respective offices. accordance with the principles of this Constitution. Paragraph 4. The law shall provide for the people’s (CA No. 5, 1995) initiative in the state legislative process. Paragraph 1. All powers that this Constitution does Article 28. The election of the Governor and the not prohibit the states from exercising shall be con- Vice Governor of a state, for a term of office of four ferred upon them. years, shall be held on the firstS unday of October, in Paragraph 2. The states shall have the power to the first round, and on the last Sunday of October, operate, directly or by means of concession, the in the second round, as the case may be, of the year

21 Constitution of the Federative Republic of Brazil

preceding the one in which the term of office of their V – compensation of the Mayor, the Vice Mayor, predecessors ends, and they shall take office on Janu- and the Local Cabinet Members established by an ary 1 of the following year, in accordance, otherwise, act of the Town Council, as provided by articles with the provisions of article 77. (CA No. 16, 1997; 37, XI, 39, paragraph 4, 150, II, 153, III, and 153, CA No. 19, 1998) paragraph 2, I; Paragraph 1. The Governor who takes another post VI – the compensation of Local Councilmen shall or function in governmental entities or entities owned be stipulated by their respective Town Councils in by the Government shall lose his office, with the each legislative term for the subsequent one, with exception of the taking of office by virtue of a public due regard for the provisions of this Constitution, in sector entrance examination, and with due regard for accordance with the criteria set forth in the respective the provisions in article 38, I, IV, and V. Organic Law and the following maximum limits: Paragraph 2. The compensation of the Governor, the a) In Municipalities having up to ten thousand Vice Governor, and of the State Cabinet Members inhabitants, the compensation of Local Councilmen shall be established by an act of the State Legislative shall correspond, at the most, to twenty percent of Assembly, as provided by articles 37, XI, 39, paragraph the compensation of State Deputies; 4, 150, II, 153, III, and 153, paragraph 2, I. b) in Municipalities having between ten thousand and fifty thousand inhabitants, the compensa- tion of Local Councilmen shall correspond, at CHAPTER IV the most, to thirty percent of the compensation The Municipalities of State Deputies; c) in Municipalities having between fifty thousand Article 29. Municipalities shall be governed by organic and one inhabitants and one hundred thousand law, voted in two readings, with a minimum interval inhabitants, the compensation of Local Councilmen of ten days between the readings, and approved by shall correspond, at the most, to forty percent of two-thirds of the members of the Municipal Chamber, the compensation of State Deputies; which shall promulgate it, observing the principles d) in Municipalities having between one hundred established in this Constitution, in the Constitution thousand and one inhabitants and three hundred of the respective state and the following precepts: (CA thousand inhabitants, the compensation of Local No. 1, 1992; CA No. 16, 1997; CA No. 19, 1998; Councilmen shall correspond, at the most, to fifty CA No. 25, 2000) percent of the compensation of State Deputies; I – election of the Mayor, Vice Mayor and Coun- e) in Municipalities having between three hundred cilmen for a term of office of four years, by means thousand and one inhabitants and five hundred of direct election held simultaneously throughout thousand inhabitants, the compensation of Local the country; Councilmen shall correspond, at the most, to sixty II – election of the Mayor and Vice Mayor on the percent of the compensation of State Deputies; first Sunday of October of the year preceding the f) in Municipalities having over five hundred thou- end of the term of office of those they are to suc- sand inhabitants, the compensation of Local Coun- ceed, subject, in the case of municipalities with over cilmen shall correspond, at the most, to seventy-five two hundred thousand voters, to the provisions set percent of the compensation of State Deputies; forth in article 77; VII – the total expenditure with the remuneration of III – investiture of the Mayor and Vice Mayor on the City Councilmen may not exceed the amount of January 1 of the year subsequent to the year of the five percent of the revenue of the Municipality; election; VIII – inviolability of the Councilmen on account of IV – number of councilmen in proportion to the their opinions, words and votes while in office and population of the municipalities, in accordance with within the jurisdiction of the municipality; the following limits: IX – prohibitions and incompatibilities, while in the a) a minimum of nine and a maximum of twenty- exercise of the office of City Councilman, similar, one in municipalities with up to one million in- where applicable, to the provisions of this Constitu- habitants; tion for the members of the National Congress and b) a minimum of thirty-three and a maximum of of the Constitution of the respective state for the forty-one in municipalities with over one million members of the Legislative Assembly; and under five million inhabitants; X – trial of the Mayor before the Court of Justice; c) a minimum of forty-two and a maximum of XI – organization of the legislative and supervisory fifty-five in municipalities with over five million functions of the Municipal Chamber; inhabitants;

22 Constitution of the Federative Republic of Brazil

XII – cooperation of the representative associations V – organize and render, directly or by concession in municipal planning; or permission, the public services of local interest, XIII – public initiative in the presenting of bills of including mass-transportation, which is of essential specific interest to the municipality, the city or the nature; neighborhoods, by means of the manifestation of VI – maintain, with the technical and financial at least five percent of the electorate; cooperation of the Federal Government and the XIV – loss of the office of mayor, as provided in state, programs of infant and elementary school article 28, sole paragraph. education; VII – provide, with the technical and financial co- Article 29-A. The total expenditures of the Municipal operation of the Union and the state, health services Legislative Branch, including the compensation of to the population; Local Councilmen and excluding outlays on retired VIII – promote, wherever pertinent, adequate personnel, may not exceed the following percentages, territorial ordaining, by means of planning and related to the total amount, effectively realized in the control of use, apportionment and occupation of prior year, of tax revenues and the transfers set forth the urban soil; in paragraph 5 of article 153, and in articles 158 and IX – promote the protection of the local historic 159: (CA No. 25, 2000) and cultural heritage, with due regard for federal I – eight percent to Municipalities having up to one and state legislation and supervision. hundred thousand inhabitants; II – seven percent to Municipalities having between Article 31. Supervision of the municipality shall be one hundred thousand and one inhabitants and three exercised by the municipal legislature, through outside hundred thousand inhabitants; control, and by the internal control systems of the III – six percent to Municipalities having between municipal executive branch, in the manner called three hundred thousand and one inhabitants and for by law. five hundred thousand inhabitants; Paragraph 1. Outside control of the Municipal IV – five percent to Municipalities having over five Chamber shall be exercised with the assistance of the hundred thousand inhabitants. state or municipal Audit Court, or of the Municipal Paragraph 1. The Town Council shall not spend Audit Councils or Courts, where they exist. more than seventy percent of its allocation on the Paragraph 2. The prior report, issued by the compe- payroll, including expenses on the compensation of tent agency, on the accounts to be rendered annually its member councilmen. by the Mayor, shall not prevail only by a decision of Paragraph 2. The following acts of the Municipal two-thirds of the members of the City Council. Mayor are crimes of malversation: Paragraph 3. The accounts of the municipalities shall I – to effect a remittance in excess of the limits remain, for sixty days annually, at the disposal, for stipulated in this article; examination and consideration, of any taxpayer, who II – not to effect a remittance before the twentieth may question their legitimacy, as the law provides. day of each month; Paragraph 4. The creation of municipal courts, coun- III – to effect a remittance below the proportion cils or agencies of accounts is forbidden. stipulated in the Budgetary Law. Paragraph 3. It shall be a crime of malversation CHAPTER V for the President of the Town Council to disobey The Federal District and the Territories paragraph 1 of this article. Article 30. The municipalities have the power to: SECTION I (CA No. 53, 2006) The Federal District I – legislate upon matters of local interest; II – supplement federal and state legislations where Article 32. The Federal District, which may not be pertinent; divided into municipalities, shall be governed by an III – institute and collect taxes within their juris- organic law, voted in two readings, with a minimum diction, as well as to apply their revenues, without interval of ten days, and approved by two-thirds of the prejudice to the obligation of rendering accounts Legislative Chamber, which shall enact it, in accordance and publishing balance sheets within the periods with the principles set forth in this Constitution. established by law; Paragraph 1. The legislative powers reserved to the IV – create, organize and suppress districts, with states and municipalities are attributed to the Federal due regard for the state legislation; District.

23 Constitution of the Federative Republic of Brazil

Paragraph 2. The election of the Governor and the VI – to provide for the enforcement of federal law, Vice Governor, complying with the rules of article judicial order or decision; 77, and of the District Deputies shall coincide with VII – to ensure compliance with the following con- that of the state Governors and Deputies, for a term stitutional principles: of office of the same duration. a) republican form, representative system and Paragraph 3. The provisions of article 27 apply to the democratic regime; District Deputies and the Legislative Chamber. b) rights of the human person; Paragraph 4. A federal law shall provide for the use, c) municipal autonomy; by the Government of the Federal District, of the civil d) rendering of accounts of the direct and indirect and military polices and the military fire brigade. public administration. e) the application of the minimum required amount of the revenues resulting from state taxes, includ- SECTION II ing revenues originating from transfers, to the The Territories maintenance and development of education and to health actions and public services. Article 33. The law shall provide for the administrative and judicial organization of the territories. Article 35. The state shall not intervene in its mu- Paragraph 1. The territories may be divided into nicipalities, neither the Union in the municipalities municipalities, to which the provisions of Chapter IV located in a federal territory, except when: (CA No. of this Title shall be applied, insofar as pertinent. 29, 2000) Paragraph 2. The accounts of the Government of the I – the funded debt is not paid for two consecutive territory shall be submitted to the National Congress, years, without reasons of force majeure; with the prior opinion of the Federal Audit Court. II – the due accounts are not rendered, in the manner Paragraph 3. In the federal territories with over a prescribed by law; hundred thousand inhabitants, in addition to the III – the minimum required amount of the municipal Governor, appointed as set forth in this Constitution, revenues has not been applied to the maintenance there shall be judicial agencies of first and second and development of education and to health actions instances, members of the Public Prosecution and and public services; Federal Public Legal Defenders; the law shall provide IV – the Court of Justice grants a petition to ensure for the elections to the Territory Chamber and its observance of the principles indicated in the state decision-making powers. Constitution or to provide for the enforcement of the law, judicial order or decision. CHAPTER VI Article 36. The issuance of a decree of intervention Intervention shall depend: (CA No. 45, 2004) I – on a request from the coerced or impeded Article 34. TheU nion shall not intervene in the states Legislative or Executive Power, or on a requisition or in the Federal District, except: (CA No. 14, 1996; from the Supreme Federal Court, if the coercion is CA No. 29, 2000) exercised against the Judicial Power, in the case of I – to maintain national integrity; article 34, IV; II – to repel foreign invasion or that of one unit of II – in case of disobedience to a judicial order or the Federation into another; decision, on a requisition from the Supreme Federal III – to put an end to serious jeopardy to public Court, the Superior Court of Justice or the Superior order; Electoral Court; IV – to guarantee the free exercise of any of the III – on the granting of a petition from the Attor- powers of the units of the Federation; ney-General of the Republic by the Supreme Federal V – to reorganize the finances of a unit of theF ed- Court, in the case of article 34, VII, and in the case eration that: of refusal to enforce a federal law. a) stops the payment of its funded debt for more IV – (Revoked). than two consecutive years, except for reasons of Paragraph 1. The decree of intervention, which shall force majeure; specify the extent, the period and the conditions of b) fails to deliver to the municipalities the tax enforcement and which, if pertinent, shall appoint revenues established in this Constitution, within the intervenor, shall be submitted to the National the periods of time set forth by law; Congress or the State Legislative Assembly for con- sideration, within twenty-four hours.

24 Constitution of the Federative Republic of Brazil

Paragraph 2. If the National Congress or the Legisla- minimum percentages established in law, are reserved tive Assembly are not in session, a special session shall exclusively for the duties of directors, chiefs of staff, be called within the same twenty-four hours. and assistants; Paragraph 3. In the case of article 34, VI and VII, VI – the right to free union association is guaranteed or article 35, IV, when the consideration by the to civil servants; National Congress or the Legislative Assembly may VII – the right to strike shall be exercised in the man- be waived, the decree shall be limited to suspending ner and within the limits defined by a specific law; the enforcement of the impugned act, if such measure VIII – the law shall reserve a percentage of public suffices to restore normality. offices and positions for handicapped persons and Paragraph 4. Upon cessation of the reasons that shall define the criteria for their admittance; caused the intervention, the authorities removed IX – the law shall establish the cases of hiring for a from their offices shall return to them, unless there limited period of time to meet a temporary need of is some legal impediment. exceptional public interest; X – the remuneration of Government employees and the compensation referred to in paragraph 4 of article CHAPTER VII 39 may only be established or altered by means of a Public Administration specific law, with due regard for the exclusive capacity to introduce a law in each case, an annual general SECTION I review being ensured, always on the same date and General Provisions without distinction between the indices; XI – the remuneration and the compensation of the Article 37. The governmental entities and entities holders of public offices, functions, and positions in owned by the Government in any of the powers of governmental entities, associate government agencies, the Union, the states, the Federal District and the and foundations; of the members of any of the Pow- Municipalities shall obey the principles of lawfulness, ers of the Union, of the States, the Federal District, impersonality, morality, publicity, and efficiency, and and the Municipalities; of the holders of elective also the following: (CA No. 19, 1998; CA No. 20, offices, and of any other political agent, as well as the 1998; CA No. 41, 2003; CA No. 42, 2003; CA No. pay, pension, or other type of remuneration, earned 47, 2005) on a cumulative basis or not, including advantages I – public offices, positions and functions are acces- of a personal nature or of any other nature, may sible to all Brazilians who meet the requirements not be higher than the monthly compensation, in established by law, as well as to foreigners, under legal tender, of the Justices of the Supreme Federal the terms of the law; Court, and the following limits shall be applied: in II – investiture in a public office or position de- Municipalities, the compensation of the Mayor; in pends on previously passing an entrance examina- the States and in the Federal District, the monthly tion consisting of tests or tests and presentation of compensation of the Governor in the sphere of academic and professional credentials, according to the Executive Branch, the compensation of State the nature and the complexity of the office or posi- and Federal District Deputies in the sphere of the tion, as provided by law, except for appointment to Legislative Branch, and the compensation of the a commission office declared by law as being of free Judges of the State Court of Justice, limited to ninety appointment and discharge; and twenty-five hundredths percent of the monthly III – the period of validity of a public entrance compensation, in legal tender, of the Justices of the examination shall be up to two years, extendable Supreme Federal Court in the sphere of the Judicial once for a like period of time; Branch, this limit being applicable to the members IV – during the unextendable period established of the Office of the Public Interest Attorney, to in the public call notice, a person who has passed Prosecutors, and to Public Legal Defenders; a public entrance examination of tests, or of tests XII – the salaries for positions of the Legislative and and presentation of academic and professional cre- Judicial Powers may not be higher than those paid dentials, shall be called with priority over newly by the Executive Power; approved applicants, to take an office or position XIII – the linkage or equalization of any type of pay in the career; for purposes of the remuneration of the personnel V – positions of trust, exercised exclusively by public in the public services is forbidden; employees holding an effective post, and commis- XIV – the pecuniary raises received by a government sion offices, to be exercised by career employees employee shall not be computed or accumulated for in the cases, under the conditions and within the purposes of granting subsequent raises;

25 Constitution of the Federative Republic of Brazil

XV – the compensation and the salaries of holders orientation character, and shall not contain names, of public offices and positions may not be reduced, symbols or images that characterize personal propa- except for the provisions of items XI and XIV of ganda of Government authorities or employees. this article and of articles 39, paragraph 4, 150, II, Paragraph 2. Non-compliance with the provisions 153, III, and 153, paragraph 2, I; of items II and III shall result in the nullity of the XVI – remunerated accumulation of public offices act and punishment of the responsible authority, as is forbidden, except, when there is compatibility of the law provides. working hours, and with due regard, in any instance, Paragraph 3. The law shall regulate the forms of for the provision of item XI: participation of users in governmental entities and a) of two teaching positions; in entities owned by the Government, especially b) of one teaching position with another technical as regards: or scientific position; I – claims relating to the rendering of public services c) of two positions or jobs which are exclusive for in general, the provision of user services being en- health professionals, with regulated professions; sured, as well as periodical assessment, both external XVII – the prohibition to accumulate extends to and internal, of the quality of services; positions and functions and includes associate gov- II – the access of users to administrative records and ernment agencies, foundations, public enterprises, to information about Government initiatives, with joint stock companies, their subsidiary companies, due regard for article 5, items X and XXXIII; and companies controlled either directly or indirectly III – the rules of a complaint against negligence or by the Government; abuse in the exercise of an office, position or function XVIII – the financial administration and its revenue in government services. officers shall, within their spheres of authority and Paragraph 4. Acts of administrative dishonesty shall jurisdiction, have the right to precedence over the result in the suspension of political rights, loss of other administrative sectors, as the law provides; public function, prohibition to transfer personal XIX – the creation of an associate Government property and reimbursement to the Public Treasury, agency and the establishment of a public enterprise, in the manner and grading established by law, without a joint stock company, and a foundation may only prejudice to the applicable criminal action. take place by means of a specific law, and, in the Paragraph 5. The law shall establish the limitations latter case, a supplementary law shall specify the for illicit acts, performed by any agent, whether or areas of operation; not a Government employee, which cause losses to the XX – the creation of subsidiaries of the agencies men- Public Treasury, without prejudice to the respective tioned in the preceding item depends on legislative claims for reimbursement. authorization, in each case, as well as the participa- Paragraph 6. Public legal entities and private legal tion by any of them in a private company; entities rendering public services shall be liable for XXI – with the exception of the cases specified in law, damages that any of their agents, acting as such, cause public works, services, purchases and disposals shall to third parties, ensuring the right of recourse against be contracted by public bidding proceedings that the liable agent in cases of malice or fault. ensure equal conditions to all bidders, with clauses Paragraph 7. The law shall establish the requirements that establish payment obligations, maintaining the and restrictions regarding the holder of an office or effective conditions of the bid, as the law provides, position, in governmental entities and entities owned which shall only allow the requirements of techni- by the government, which provides access to inside cal and economic qualifications indispensable to information. guarantee the fulfilling of the obligations. Paragraph 8. The managerial, budgetary and financial XXII – the tax administrations of the Union, of the autonomy of governmental agencies and entities, as States, the Federal District, and the Municipalities, well as of entities owned by the Government, may be whose activities are essential for the operation of extended by means of a contract, to be entered into the State and are exercised by employees of specific by their administrators and the Government, with a careers, shall have priority funds for the imple- view to the establishment of performance goals for the mentation of their activities and shall work in an agency or entity, and the law shall provide for: integrated manner, including the sharing of tax rolls I – the term of the contract; and fiscal information, under the terms of the law II – the controls and criteria for the appraisal of or of a covenant. performance, rights, duties, and liability of managing Paragraph 1. The publicity of the acts, programmes, officers; public works, services and campaigns of Government III – the remuneration of the employees. agencies shall be of educational, informative or social

26 Constitution of the Federative Republic of Brazil

Paragraph 9. The provision of item XI applies to SECTION II the public enterprises and to joint stock companies Government Employees (CA No. 18, 1998) and their subsidiary companies which receive funds from the Union, the States, the Federal District, or Article 39. The Union, the States, the Federal Dis- the Municipalities for the payment of personnel trict and the Municipalities shall institute a board of expenditures or of general expenses. administration policy and personnel remuneration Paragraph 10. Receiving retirement pensions arising policy, composed of public employees appointed by from article 40 or from articles 42 and 142, while at the respective Branches. (CA No. 19, 1998) the same time receiving the remuneration of a public Paragraph 1. The stipulation of pay levels and of office, position or function is forbidden, with the other components of the remuneration system shall exception of offices that may be accumulated under comply with: the terms of this Constitution, elective offices, and I – the nature, the level of responsibility, and the commission offices declared by law as being of free complexity of the posts of each career; appointment and discharge. II – the requirements for investiture; Paragraph 11. The compensatory amounts set forth III – the specific characteristics of each post. in law shall not be computed for the purposes of the Paragraph 2. TheU nion, the States, and the Federal remuneration limits referred to in item XI of the head District shall establish government schools for the paragraph of this article. education and further development of public em- Paragraph 12. For the purposes provided by item ployees, and participation in such courses shall be one XI of the head paragraph of this article, the States of the requirements for promotion in the career, the and the Federal District may stipulate, within their signing of agreements or contracts among federated own sphere, by means of an amendment to their units being therefore allowed. respective Constitutions and Organic Law, as a single Paragraph 3. The provisions of article 7, IV, VII, limit, the monthly compensation of the Judges of the VIII, IX, XII, XIII, XV, XVI, XVII, XVIII, XIX, XX, respective State Court of Justice, limited to ninety XXII, and XXX shall apply to employees holding and twenty-five hundredths percent of the monthly public offices, and the law may stipulate differenti- compensation of the Justices of the Supreme Federal ated requirements for admission when the nature of Court, and the provision of this paragraph shall not the office so demands. be applied to the compensation of State and Federal Paragraph 4. A member of one of the Branches, the District Deputies and of City Councilmen. 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, representa- I – in the case of a federal, state or district elective of- tion allowance, or other type of remuneration being fice, he shall leave his office, position or function; forbidden, with due regard, in any of the cases, for II – if vested with the office of Mayor, he shall take the provisions of article 37, X and XI. Paragraph 5. leave from his post, position or function and he may The legislation of theU nion, the States, opt for the corresponding remuneration; the Federal District, and the Municipalities may III – if vested with the office of City Councilman, establish the proportion between the highest and if there is compatibility of working hours, he shall the lowest remuneration of public employees, with receive the benefits of his post, position or func- due regard, in any of the cases, for the provision of tion, without prejudice to the remuneration of article 37, XI. Paragraph 6. his elective office and in the case there is no such TheE xecutive, Legislative and Judicial compatibility, the provisions of the preceding item Branches shall publish the amounts of the compensa- shall be applied; tion and of the remuneration of public offices and IV – in any case requiring leave of absence for the positions each year. Paragraph 7. exercise of an elective office, his time of service shall The legislation of the Union, the be counted in full, for all legal effects, except for States, the Federal District, and the Municipalities promotion by merit; shall regulate the utilization of the budgetary funds V – for purposes of social security benefits, in the case deriving from savings in current expenditures in each of leave of absence, the amounts shall be established agency, associate government agency and founda- as if he were in activity. tion, to be used in the development of programs of quality and productivity, training and development,

27 Constitution of the Federative Republic of Brazil

modernization, re-equipping and rationalization forbidden, with the exception of the cases, as defined of public services, including as additional pay or by supplementary laws, of employees: productivity award. I – with disabilities; Paragraph 8. The remuneration of public employees II – engaged in hazardous activities; organized in a career may be established under the III – engaged in activities carried out under special terms of paragraph 4. conditions which are harmful to health or to physi- cal wholeness. Article 40. Employees holding effective posts in the Paragraph 5. The requirements concerning age and Union, the States, the Federal District, and the Mu- period of contribution will be reduced by five years, nicipalities, therein included their associate govern- as regards the provision of paragraph 1, item III, ment agencies and foundations, are ensured of a social letter a, for teachers who document exclusively a security scheme on a contributory and solidary basis, period of effective exercise of teaching functions in with contributions from the respective public entity, children education and in elementary and second- from the current employees, retired personnel, and ary education. pensioners, with due regard for criteria that preserve Paragraph 6. With the exception of the cases of financial and actuarial balance and for the provisions retirement from posts that can be accumulated under of this article. (CA No. 20, 1998; CA No. 41, 2003; the terms of this Constitution, receiving more than CA No. 47, 2005) one retirement pension charged to the social security Paragraph 1. The employees covered by the social scheme set forth in this article is forbidden. security scheme set forth in this article shall go into Paragraph 7. The law shall provide for the grant- retirement, their pensions being calculated accord- ing of the benefit of a death pension, which will ing to the amounts stipulated under the terms of be equal to: paragraphs 3 and 17: I – the total amount of the retirement pension of I – for permanent disability, with a pension in pro- the deceased employee, up to the maximum limit portion to the period of contribution, except when established for the benefits of the general social such disability results from a work-related injury, security scheme referred to in article 201, increased a professional disease, or a serious, contagious, or by seventy percent of the amount in excess of this incurable illness, under the terms of the law; limit, if the employee had already retired on the II – compulsorily, at seventy years of age, with a pen- date of his death; or sion in proportion to the period of contribution; II – the total amount of the remuneration of the III – voluntarily, upon completing at least ten years employee in the effective post he was holding on of effective exercise in public administration and five the date of his death, up to the maximum limit years in the effective post from which retirement is established for the benefits of the general social going to take place, with due regard for the follow- security scheme referred to in article 201, increased ing conditions: by seventy percent of the amount in excess of this a) sixty years of age and thirty-five of contribution, limit, if the employee was in active service on the if a man, and fifty-five years of age and thirty of date of his death. contribution, if a woman; Paragraph 8. Readjustment of the benefits is en- b) sixty-five years of age, if a man, and sixty, if a sured, to the end that their real value is permanently woman, with pay in proportion to the period of maintained, in accordance with criteria established contribution. 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 muneration of the respective employee in the effective purpose of retirement, and the corresponding period post from which he retired or which was taken as a of service shall be computed for the purpose of place- parameter for the granting of the pension. ment on paid availability. Paragraph 3. The calculation of the retirement pen- Paragraph 10. The law may not establish any sion, at the time retirement is granted, shall take method of computation of fictitious periods of into account the remunerations used as basis for the contribution. contributions of the employee to the social security Paragraph 11. The limit set forth in article 37, XI, schemes mentioned in this article and in article 201, applies to the total amount of the retirement pension under the terms of the law. and other pensions, including those resulting from Paragraph 4. The adoption of differentiated require- the accumulation of public posts or positions, as ments and criteria for the granting of retirement to well as from other activities which must contribute those covered by the scheme set forth in this article is to the general social security scheme, and to the

28 Constitution of the Federative Republic of Brazil amount resulting from the addition of pensions and they fulfill the requirements for compulsory retire- the remuneration of a post which may be accumulated ment set forth in paragraph 1, II. under the terms of this Constitution, a commission Paragraph 20. The establishment of more than one office declared by law as being of free appointment special social security scheme for employees holding and discharge, and an elective office. effective posts, and of more than one unit to manage Paragraph 12. In addition to the provisions of this the respective scheme in each state is forbidden, except article, the social security scheme of government em- for the provision of article 142, paragraph 3, X. ployees who hold effective posts shall comply, when- Paragraph 21. The contribution set forth in para- ever appropriate, with the requirements and criteria graph 18 of this article shall be levied only on the stipulated for the general social security scheme. portions of retirement pensions and other pensions Paragraph 13. The general social security scheme ap- which exceed an amount equal to twice the maximum plies to employees who hold exclusively commission limit established for the benefits of the general social offices declared by law as being of free appointment security scheme mentioned in article 201 of this and discharge, as well as other temporary posts or Constitution, if the beneficiaries, under the terms of public positions. the law, suffer from incapacitating diseases. Paragraph 14. The Union, the States, the Federal Article 41. Servants who, by virtue of public entrance District, and the Municipalities, provided that they examinations, are appointed to effective posts, acquire establish a complementary social security scheme tenure after three years of actual service. (CA No. for their respective employees who hold effective 19, 1998) posts, may stipulate, for the amount of retirement Paragraph 1. pensions and other pensions to be granted by the A tenured public employee shall only scheme referred to in this article, the maximum limit lose his office: set forth for the benefits of the general social security I – by virtue of a final and unappealable judicial scheme referred to in article 201. decision; Paragraph 15. The complementary social security II – by means of an administrative proceeding, in scheme referred to in paragraph 14 shall be instituted which he is assured of ample defense; by an act of the respective Executive Power, with due III – by means of a procedure of periodical appraisal regard for the provisions of article 202 and its para- of performance, under the terms of a supplementary graphs, insofar as pertinent, through closed private law, ample defense being assured. Paragraph 2. pension plan companies, of a public nature, which If the dismissal of a tenured public will offer to their respective participants benefit plans employee is voided by a judicial decision, he shall be exclusively in the defined contribution mode. reinstated, and the occupant of the vacancy, when Paragraph 16. The provisions of paragraphs 14 and tenured, shall be led back to his original office, with no 15 may be applied to an employee who has entered right to indemnity, taken to another office or placed public administration on or before the date of publi- on paid availability with a remuneration proportional cation of the act which instituted the corresponding to his length of employment. Paragraph 3. complementary social security scheme only if such If the office is declared extinct or -un employee has previously expressed such option. necessary, a tenured public employee shall remain on Paragraph 17. All remuneration amounts taken availability, with a remuneration proportional to his into account in the calculation of the benefit set length of employment, until he is adequately placed forth in paragraph 3 shall be duly updated, under in another office. Paragraph 4. the terms of the law. As a requirement to acquire tenure, Paragraph 18. A contribution shall be levied on a special appraisal of performance by a committee retirement pensions and other pensions granted by created for this purpose is mandatory. the scheme referred to in this article if such pensions exceed the maximum limit established for the benefits SECTION III of the general social security scheme mentioned in The Military of the States, of the Federal District article 201, at a percentage equal to the one established and of the Territories (CA No. 18, 1998) for employees holding effective posts. Paragraph 19. Employees referred to in this article Article 42. The members of the Military Police and who have fulfilled the requirements for voluntary of the Military Fire Brigades, institutions whose or- retirement stipulated in paragraph 1, III, a, and ganization is based on hierarchy and discipline, are who choose to remain working shall be entitled to a military of the States, of the Federal District and of continuous activity bonus equivalent to the amount the Territories. (CA No. 18, 1998; CA No. 20, 1998; of their social security contribution until such date as CA No. 41, 2003)

29 Constitution of the Federative Republic of Brazil

Paragraph 1. The provisions of article 14, paragraph TITLE IV 8; article 40, paragraph 9; and of article 142, para- The Organization of the Powers graphs 2 and 3, apply to the military of the States, of the Federal District, and of the Territories, in ad- CHAPTER I dition to other provisions that the law may establish, The Legislative Power it being incumbent upon specific state legislation to provide for the matters of article 142, paragraph 3, item X, the ranks of the officers being awarded by SECTION I the respective State Governors. The National Congress Paragraph 2. The provisions that may be established by a specific act of the respective state shall apply to Article 44. The Legislative Power is exercised by the the pensioners of the military of the States, of the National Congress, which is composed of the Chamber Federal District, and of the Territories. of Deputies and the Federal Senate. Sole paragraph. Each legislative term shall have the SECTION IV duration of four years. The Regions Article 45. The Chamber of Deputies is composed of representatives of the people, elected, by the pro- Article 43. For administrative purposes, the Union portional system, in each state, territory and in the may coordinate its action in one same social and ge- Federal District. oeconomic complex, seeking to attain its development Paragraph 1. The total number ofD eputies, as well and to reduce regional inequalities. as the representation of the states and of the Federal Paragraph 1. A supplementary law shall provide District shall be established by a supplementary law, for: in proportion to the population, and the necessary I – the conditions for the integration of developing adjustments shall be made in the year preceding the regions; elections, so that none of those units of the Federation II – the composition of the regional agencies which has less than eight or more than seventy Deputies. shall carry out, as provided by law, the regional Paragraph 2. Each territory shall elect four plans included in the national social and economic Deputies. development plans approved concurrently. Article 46. The Federal Senate is composed of rep- Paragraph 2. The regional incentives shall include, resentatives of the states and of the Federal District, besides others, as prescribed by law: elected by a majority vote. I – equality of tariffs, freight rates, insurance and other cost and price items which are within the Paragraph 1. Each state and the Federal District responsibility of the Government; shall elect three Senators for a term of office of eight II – favoured interest rates for the financing of pri- years. ority activities; Paragraph 2. One-third and two-thirds of the rep- III – exemptions, reductions or temporary defer- resentation of each state and of the Federal District ment of federal taxes owed by individuals or by shall be renewed every four years, alternately. legal entities; Paragraph 3. Each Senator shall be elected with IV – priority in the economic and social use of rivers two substitutes. and dammed or dammable water masses in low-in- Article 47. Except where there is a constitutional come regions subject to periodical droughts. provision to the contrary, the decisions of each House Paragraph 3. In the areas referred to in paragraph 2, and of their committees shall be taken by a majority IV, the Union shall grant incentives to the recovery vote, when the absolute majority of its members is of arid lands and shall cooperate with small and present. medium-size rural landowners in the implementing of water sources and small-scale irrigation in their tracts of land. SECTION II Powers of the National Congress

Article 48. The National Congress shall have the power, with the sanction of the President of the Re- public, which shall not be required for the matters specified in articles 49, 51 and 52, to provide for all

30 Constitution of the Federative Republic of Brazil the matters within the competence of the Union and IV – to approve a state of defense and federal inter- especially on: (CA No. 19, 1998; CA No. 32, 2001; vention, authorize a state of siege or suspend any CA No. 41, 2003) of these measures; I – system of taxation, collection of taxes and income V – to stop the normative acts of the Executive distribution; Power which exceed their regimental authority or II – pluriannual plan, budgetary directives, annual the limits of legislative delegation; budget, credit transactions, public debt and issu- VI – to transfer its seat temporarily; ance of currency; VII – to establish identical compensation for Federal III – establishment and modification of Armed Deputies and Senators, taking into account the Forces troops; provisions of articles 37, XI, 39, paragraph 4, 150, IV – national, regional and sectorial plans and pro- II, 153, III, and 153, paragraph 2, I; grammes of development; VIII – to establish the compensation of the President V – boundaries of the national territory, air and and the Vice President of the Republic and of the maritime space and property of the Union; Ministers of State, taking into account the provisions VI – incorporation, subdivision or dismemberment of articles 37, XI, 39, paragraph 4, 150, II, 153, III, of areas of territories or states, after consulting with and 153, paragraph 2, I; the respective Legislative Assembly; IX – to examine each year the accounts rendered by VII – temporary transference of the seat of the the President of the Republic and to consider the Federal Government; reports on the execution of Government plans; VIII – granting of amnesty; X – to supervise and control directly or through IX – administrative and judicial organization of the either of its Houses, the acts of the Executive Power, Public Prosecution and the Public Legal Defense including those of the indirect administration; of the Union and of the territories, and judicial XI – to ensure the preservation of legislative com- organization of the Public Prosecution and the Public petence in the face of the normative incumbency Legal Defense of the Federal District; of the other Powers; X – creation, change, and abolishment of public XII – to consider the acts of concession and renewal offices, positions and functions, with due regard of concession of radio and television stations; for article 84, VI, b; XIII – to choose two-thirds of the members of the XI – creation and abolishment of Ministries and Federal Audit Court; Government bodies; XIV – to approve initiatives of the Executive Power XII – telecommunications and radio broadcasting; referring to nuclear activities; XIII – financial, foreign exchange and monetary mat- XV – to authorize a referendum and to call a ters, financial institutions and their operations; plebiscite; XIV – currency, currency issuance limits, and amount XVI – to authorize, in Indian lands, the exploitation of federal indebtedness. and use of hydric resources and the prospecting and XV – stipulation of the compensation for the Justices mining of mineral resources; of the Supreme Federal Court, with due regard for XVII – to give prior approval to the disposal or articles 39, paragraph 4; 150, II; 153, III; and 153, concession of public lands with an area of over two paragraph 2, I. thousand and five hundred hectares. Article 49. It is exclusively the competence of the Article 50. The Chamber ofD eputies and the Federal National Congress: (CA No. 19, 1998) Senate, or any of their committees, may summon I – to decide conclusively on international treaties, a Minister of State or any chief officers of agencies agreements or acts which result in charges or com- directly subordinate to the Presidency of the Repub- mitments that go against the national property; lic to personally render information on a previoulsy II – to authorize the President of the Republic to determined matter, and this absence without adequate declare war, to make peace and to permit foreign justification shall constitute a crime of malversation: forces to pass through the national territory or remain (RCA No. 2, 1994) therein temporarily, with the exception of the cases Paragraph 1. The Ministers ofS tate may attend the provided by a supplementary law; Federal Senate, the Chamber of Deputies or any of III – to authorize the President and the Vice President their committees, on their own initiative and by agree- of the Republic to leave the country, when such ment with the respective Directing Board, to report absence exceeds fifteen days; on a matter of relevance to their Ministry. Paragraph 2. TheD irecting Boards of the Chamber of Deputies and of the Federal Senate may forward

31 Constitution of the Federative Republic of Brazil

to the Ministers of State, or any of the persons men- b) Justices of the Federal Audit Court appointed tioned in the head paragraph of this article, written by the President of the Republic; requests for information, and refusal or non-compli- c) Governor of a territory; ance, within a period of thirty days, as well as the d) president and directors of the Central Bank; rendering of false information, shall constitute a e) Attorney-General of the Republic; crime of malversation. f) holders of other offices, as the law may deter- mine; IV – to give prior approval, by secret voting, after SECTION III closed hearing, on the selection of heads of perma- The Chamber of Deputies nent diplomatic missions; V – to authorize foreign transactions of a financial Article 51. It is exclusively the competence of the nature, of the interest of the Union, the states, the Chamber of Deputies: (CA No. 19, 1998) Federal District, the territories and the munici- I – to authorize, by two-thirds of its members, legal palities; proceeding to be initiated against the President VI – to establish, as proposed by the President of and the Vice President of the Republic and the the Republic, total limits for the entire amount of Ministers of State; the consolidated debt of the Union, the states, the II – to effect the taking of accounts of theP resident Federal District and the municipalities; of the Republic, when they are not presented to the VII – to provide for the total limits and condi- National Congress within sixty days of the opening tions for foreign and domestic credit transactions of the legislative session; of the Union, the states, the Federal District and the III – to draw up its internal regulations; municipalities, of their autonomous Government IV – to provide for its organization, functioning, entities and other entities controlled by the Federal police, creation, change or abolishment of offices, Government; positions and functions of its services, and the intro- VIII – to provide for limits and conditions for the duction of a law for the establishment of their respec- concession of a guarantee by the Union in foreign tive remuneration, taking into account the guidelines and domestic credit transactions; set forth in the law of budgetary directives; IX – to establish total limits and conditions for the V – to elect the members of the Council of the entire amount of the debt of the states, the Federal Republic, in the manner prescribed by article District and the municipalities; 89, VII. X – to stop the application, in full or in part, of a law declared unconstitutional by final decision of SECTION IV the Supreme Federal Court; The Federal Senate XI – to approve, by absolute majority and by secret voting, the removal from office of the Attorney- Article 52. It is exclusively the competence of the General of the Republic before the end of his term Federal Senate: (CA No. 19, 1998; CA No. 23, 1999; of office; CA No. 42, 2003; CA No. 45, 2004) XII – to draw up its internal regulations; I – to effect the legal proceeding and trial of the XIII – to provide for its organization, functioning, President and Vice President of the Republic for police, creation, change or abolishment of offices, crime of malversation, and the Ministers of State positions and functions of its services, and the intro- and the Commanders of the Navy, the Army, and duction of a law for the establishment of their respec- the Air Force for crimes of the same nature relat- tive remuneration, taking into account the guidelines ing to those; set forth in the law of budgetary directives; II – to effect the legal proceeding and trial of the XIV – to elect the members of the Council of the Justices of the Supreme Federal Court, the members Republic, as established in article 89, VII. of the National Council of Justice and of the National XV – to carry out a regular assessment of the func- Council of the Public Prosecution, the Attorney- tionality of the National Tax System, as regards its General of the Republic, and the Advocate-General structure and components, as well as the performance of the Union for crimes of malversation; of the tax administrations of the Union, of the States, III – to give prior consent, by secret voting, after the Federal District, and the Municipalities. public hearing, on the selection of: Sole paragraph. In the cases provided for in items a) judges, in the cases established in this Con- I and II, the Chief Justice of the Supreme Federal stitution; Court shall act as President and the sentence, which may only be issued by two-thirds of the votes of the

32 Constitution of the Federative Republic of Brazil

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

33 Constitution of the Federative Republic of Brazil

represented in the National Congress, full defense Paragraph 4. Both Houses shall meet in a prepara- being ensured. tory session, beginning February 1 of the first year of Paragraph 4. The resignation of a Congressman the legislative term, for the installation of its members submitted to a legal suit that aims at or may lead to and the election of the respective Directing Boards, loss of mandate, under the provisions of this article, for a term of office of two years, the re-election to the will have its effects suspended until the final delibera- same office in the immediately subsequent election tions mentioned in paragraphs 2 and 3. being prohibited. Paragraph 5. The Directing Board of the National Article 56. A Deputy or Senator shall not lose his Congress shall be presided by the President of the office: Federal Senate and the remaining offices shall be held, I – if vested with the office of Minister of State, alternately, by the holders of equivalent offices in the Governor of a territory, Secretary of a state, of the Chamber of Deputies and in the Federal Senate. Federal District, of a territory, of a state capital or Paragraph 6. Special sessions of the National Con- head of a temporary diplomatic mission; gress shall be called: II – if on leave of absence from the respective House, I – by the President of the Federal Senate, in the by virtue of illness or, without remuneration, to at- event of a decree of a state of defense or of federal tend to private matters, provided that, in this case, intervention, of a demand for the authorization to the absence does not exceed one hundred and twenty decree a state of siege and the taking of oath and days per legislative session. inauguration of the President and the Vice President Paragraph 1. The substitute shall be called in cases of the Republic; of vacancy, of investiture in the functions set forth II – by the President of the Republic, by the Presi- in this article or of leave of absence exceeding one dents of the Chamber of Deputies and of the Federal hundred and twenty days. Senate, or by request of the majority of the members Paragraph 2. Upon the occurrence of a vacancy of both Houses, in the event of urgency or important and there being no substitute, if more than fifteen public interest, approval by the absolute majority of months remain before the end of the term of office, each House of the National Congress being required an election shall be held to fill it. in all cases referred to in this item. Paragraph 3. In the event of item I, the Deputy Paragraph 7. In a special legislative session, the or Senator may opt for the remuneration of the National Congress shall deliberate only upon the elective office. matter for which it was called, exception being made for the event mentioned in paragraph 8 of this article, SECTION VI the payment of a compensatory amount by virtue of The Sessions the special session being forbidden. Paragraph 8. If there are provisional measures in effect Article 57. The National Congress shall meet each on the date a special session of the National Congress year in the Federal Capital, from February 2 to July is called, they shall be automatically included in the 17 and from August 1 to December 22. (CA No. 32, agenda of the session. 2001; CA No. 50, 2006) Paragraph 1. If sessions scheduled for these dates SECTION VII fall on a Saturday, a Sunday or a holiday, they shall The Committees be transferred to the subsequent workday. Paragraph 2. The legislative session shall not be Article 58. TheN ational Congress and both its Houses interrupted before the approval of the bill of budget- shall have permanent and temporary committees, ary directives. established in the manner and with the incumbencies Paragraph 3. In addition to other cases provided for set forth in the respective regulations or in the act from in this Constitution, the Chamber of Deputies and the which their creation resulted. Federal Senate shall meet in a joint session to: Paragraph 1. In the composition of the Directing I – inaugurate the legislative session; Boards and of each committee, the proportional II – draw up the common regulations and regulate representation of the parties or the parliamentary the creation of services common to both Houses; groups which participate in the respective House III – take the oath of the President and of the Vice shall be ensured to the extent possible. President of the Republic; Paragraph 2. The committees have the power, on IV – acknowledge a veto and resolve thereon. account of the matter under their authority:

34 Constitution of the Federative Republic of Brazil

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

35 Constitution of the Federative Republic of Brazil

b) administrative and judicial organization, tax and Paragraph 3. With the exception of the provisions budgetary matters, public services and administra- mentioned in paragraphs 11 and 12, provisional tive personnel of the territories; measures shall lose effectiveness from the day of their c) government employees of the Union and Ter- issuance if they are not converted into law within a ritories, their legal statute, appointment to offices, period of sixty days, which may be extended once tenure and retirement; for an identical period of time under the terms of d) organization of the Public Prosecution and of paragraph 7, and the National Congress shall issue the Public Legal Defense of the Union, as well as a legislative decree to regulate the legal relations general rules for the organization of the Public arising therefrom. Prosecution and the Public Legal Defense of the Paragraph 4. The period mentioned in paragraph 3 states, the Federal District and the territories; shall be counted from the date of publication of the e) creation and abolishment of Ministries and Gov- provisional measure and shall be interrupted while ernment bodies, with due regard for the provision the National Congress is in recess. of article 84, VI; Paragraph 5. Deliberation by each House of the f) military of the Armed Forces, their legal statute, National Congress upon the merits of provisional appointment to offices, promotions, tenure, remu- measures shall depend on prior determination of their neration, retirement, and transfer to the reserve. compliance with the constitutional requirements. Paragraph 2. The initiative of the people may be Paragraph 6. If a provisional measure is not examined exercised by means of the presentation to the Chamber within forty-five days as of its date of publication, it of Deputies of a bill of law subscribed by at least one shall subsequently be forwarded to urgent considera- percent of the national electorate, distributed through- tion in each House of the National Congress, and the out at least five states, with not less than three-tenths deliberation of all other legislative matters shall be of one percent of the voters in each of them. suspended in the House where it is under considera- tion, until such time as voting is concluded. Article 62. In important and urgent cases, the Presi- Paragraph 7. If the voting of a provisional measure dent of the Republic may adopt provisional measures is not concluded in both Houses of the National with the force of law and shall submit them to the Congress within the period of sixty days as of its National Congress immediately. (CA No. 32, 2001) date of publication, its period of effectiveness may be Paragraph 1. The issuance of provisional measures is extended once for an identical period of time. forbidden when the matter involved: Paragraph 8. The voting of provisional measures I – deals with: shall start in the House of Deputies. a) nationality, citizenship, political rights, political Paragraph 9. It is incumbent upon the joint commit- parties, and election law; tee of Deputies and Senators to examine provisional b) criminal law, criminal procedural law, and civil measures and issue an opinion thereon, before they procedural law; are submitted to floor action in each House of the c) organization of the Judicial Branch and of the National Congress in a separate session. Public Prosecution, the career and guarantees of Paragraph 10. It is forbidden to reissue a provisional their members; measure in the same legislative session in which it d) pluriannual plans, budgetary directives, budgets, was rejected or lost its effectiveness due to lapse of and additional and supplementary credits, with the time. exception of the provision mentioned in article Paragraph 11. If the legislative decree mentioned 167, paragraph 3; in paragraph 3 is not issued within sixty days as of II – aims at the detention or seizure of goods, people’s the date the provisional measure was rejected or lost savings, or any other financial asset; its effectiveness, the legal relations constituted and III – is reserved for a supplementary law; arising from acts performed during its period of ef- IV – has already been regulated by a bill of law passed fectiveness shall still be regulated by such provisional by the National Congress which is awaiting sanction measure. or veto by the President of the Republic. Paragraph 12. Should a bill of law be passed that Paragraph 2. A provisional measure to institute or alters the original text of a provisional measure, the increase taxes, with the exception of the taxes men- latter will remain effective in full until such date as tioned in articles 153, I, II, IV, V, and 154, II, shall the bill is sanctioned or vetoed. only produce effects in the subsequent financial year if it has been converted into law before or on the last Article 63. An increase in expenditure proposals shall day of the financial year in which it was issued. not be admitted:

36 Constitution of the Federative Republic of Brazil

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

37 Constitution of the Federative Republic of Brazil

SECTION IX VI – control the use of any funds transferred by the Accounting, Financial and Budgetary Control Union, by means of an agreement, arrangement, adjustment or any other similar instrument, to a Article 70. Control of accounts, finances, budget, state, the Federal District or a municipality; operations and property of the Union and of the VII – render the information requested by the Na- agencies of the direct and indirect administration, tional Congress, by either of its Houses or by any of as to lawfulness, legitimacy, economic efficiency, ap- the respective committees concerning accounting, fi- plication of subsidies and waiver of revenues, shall nancial, budgetary, operational and property control be exercised by the National Congress, by means of and the results of audits and inspections made; external control and of the internal control system of VIII – in case of illegal expenses or irregular ac- each Power. (CA No. 19, 1998) counts, apply to the responsible parties the sanctions Sole paragraph. Accounts shall be rendered by any provided by law, which shall establish, among other individual or corporation, public or private, which comminations, a fine proportional to the damages uses, collects, keeps, manages, or administers public caused to the public treasury; monies, assets or values, or those for which the Union IX – determine a period of time for the agency or is responsible or which, on behalf of the Union, as- entity to take the necessary steps for the strict compli- sumes obligations of a pecuniary nature. ance with the law, if an illegality is established; X – if not heeded, stop the execution of the im- Article 71. External control, incumbent on the Na- pugned act, notifying the Chamber of Deputies tional Congress, shall be exercised with the aid of the and the Federal Senate of such decision; Federal Audit Court, which shall: XI – present a formal charge to the competent Power I – examine the accounts rendered annually by on any irregularities or abuses verified. the President of the Republic, by means of a prior Paragraph 1. In the case of a contract, the restraining opinion which shall be prepared in sixty days counted act shall be adopted directly by the National Congress, from receipt; which shall immediately request the Executive Power II – evaluate the accounts of the administrators and to take the applicable measures. other persons responsible for public monies, assets Paragraph 2. If the National Congress or the Ex- and values of the direct and indirect administration, ecutive Power, within ninety days, do not take the including foundations and companies instituted and measures provided for in the preceding paragraph, maintained by the Federal Government as well as the the Court shall decide on the matter. accounts of those who have caused a loss, misplace- Paragraph 3. Decisions of the Court resulting in the ment or other irregularity resulting in losses to the imposition of a debt or fine shall have the effectiveness public treasury; of an execution instrument. III – examine, for the purpose of registration, the Paragraph 4. The Court shall, quarterly and annu- lawfulness of acts of admission of personnel, on any ally, forward to the National Congress a report on account, in the direct and indirect administration, its activities. including the foundations instituted and maintained by the Federal Government, with the exception of Article 72. In view of indications of unauthorized the appointments to commission offices, as well as expenditure, even if in the form of non-programmed the granting of civil and military retirement and investments or non-approved subsidies, the permanent pensions, except for subsequent improvements joint Committee referred to in article 166, paragraph 1, which do not alter the legal fundaments of the may request the responsible Government authority to conceding act; render the necessary explanation, within five days. IV – carry out, on its own initiative or on that of Paragraph 1. If the explanations are not rendered the Chamber of Deputies, of the Federal Senate, or are considered insufficient, the Committee shall or of a technical or inquiry committee, inspection request the Court to make a conclusive statement on and audits of an accounting, financial, budgetary, the matter within thirty days. operational or property nature in the administrative Paragraph 2. If the Court deems the expense to be units of the Legislative, Executive and Judicial Powers irregular, the Committee shall, if it considers that the and other entities referred to in item II; expenditure may cause irreparable damage or serious V – control the national accounts of supranational injury to the public economy, propose to the National companies in whose capital stock the Union holds Congress that it be suspended. a direct or indirect interest, as set forth in the acts Article 73. TheF ederal Audit Court , formed by nine of incorporation; Justices, shall have its seat in the Federal District, its own staff and jurisdiction throughout the national

38 Constitution of the Federative Republic of Brazil territory, and shall exercise, insofar as pertinent, the illegality, inform the Federal Audit Court about it, incumbencies provided for in article 96. (CA No. subject to joint liability. 20, 1998) Paragraph 2. Any citizen, political party, associa- Paragraph 1. The Justices of theF ederal Audit Court tion or labour union has standing under the law to shall be appointed from among Brazilians who meet denounce irregularities or illegalities to the Federal the following requirements: Audit Court. I – more than thirty-five and less than sixty-five Article 75. The rules set forth in this section shall apply, years of age; where appropriate, to the organization, composition II – moral integrity and spotless reputation; and control of the Audit Courts of the states and of III – notable knowledge of the law, accounting, eco- the Federal District, as well as the Audit Courts and nomics and finances or of public administration; Councils of the municipalities. IV – more than ten years of exercise of office or Sole paragraph. The state Constitutions shall provide of actual professional activity which requires the for the respective Audit Courts, which shall be formed knowledge mentioned in the preceding item. by seven council members. Paragraph 2. The Justices of theF ederal Audit Court shall be chosen: I – one-third by the President of the Republic with CHAPTER II the approval of the Federal Senate, two of them The Executive Power being alternately chosen from among auditors and members of the Public Prosecution at the Court, as SECTION I indicated in a triple list by the Court, in accordance The President and the Vice President of the with criteria of seniority and merit; Republic II – two-thirds by the National Congress. Paragraph 3. The Justices of theF ederal Audit Court Article 76. The Executive Power is exercised by the shall have the same guarantees, prerogatives, impedi- President of the Republic, assisted by the Ministers ments, remuneration, and advantages as the Justices of State. of the Superior Court of Justice, their retirement pensions and other pensions being ruled by the provi- Article 77. The election of the President and Vice sions of article 40. President of the Republic shall take place simultane- Paragraph 4. The auditor, when substituting for a ously, on the firstS unday of October, in the first round, Justice, shall have the same guarantees and impedi- and on the last Sunday of October, in the second ments as the incumbent Justice, and, when in exercise round, as the case may be, of the year preceding the of the other duties of the judicature, those of a Judge one in which the current presidential term of office of a Federal Regional Court. ends. (CA No. 16, 1997) Paragraph 1. The election of the President of the Article 74. The Legislative, Executive and Judicial Republic shall imply the election of the Vice President Powers shall maintain an integrated system of internal registered with him. control for the purpose of: Paragraph 2. The candidate who, being registered I – evaluating the attainment of the goals estab- by a political party, obtains an absolute majority of lished in the pluriannual plan, the implementation votes, not counting blank or void votes, shall be of government programmes and of the budgets of considered elected President. the Union; Paragraph 3. If no candidate attains an absolute II – verifying the lawfulness and evaluating the majority in the first voting, another election shall results, as to effectiveness and efficiency, of the be held within twenty days from the announcement budgetary, financial and property management in of the results, the competition being between the the agencies and entities of the federal administra- two candidates with the highest number of votes, tion, as well as the use of public funds by private and being considered elected the candidate with the legal entities; majority of valid votes. III – exercising control over credit transactions, Paragraph 4. Should one of the candidates, before collateral signatures and guarantees, as well as over the second round of voting is held, die, withdraw the rights and assets of the Union; or become legally impaired, the candidate with the IV – supporting external control in the exercise of highest number of votes among the remaining can- its institutional mission. didates shall be called. Paragraph 1. The persons responsible for internal Paragraph 5. If in the event of the preceding par- control shall, upon learning of any irregularity or agraphs, more than one candidate with an equal

39 Constitution of the Federative Republic of Brazil

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

40 Constitution of the Federative Republic of Brazil

XX – make peace, authorized or confirmed by the I – in common criminal offenses, if the accusa- National Congress; tion or the complaint is received by the Federal XXI – award decorations and honorary distinc- Supreme Court; tions; II – in the event of crimes of malversation, after the XXII – permit, in the cases set forth by supplemen- proceeding is instituted by the Federal Senate. tary law, foreign forces to pass through the national Paragraph 2. If, after a period of one hundred and territory, or to remain temporarily therein; eighty days, the trial has not been concluded, the sus- XXIII – submit to the National Congress the plurian- pension of the President shall cease without prejudice nual plan, the bill of budgetary directives and the to the normal progress of the proceeding. budget proposals set forth in this Constitution; Paragraph 3. In the event of common offenses, the XXIV – render, each year, accounts to the National President of the Republic shall not be subject to arrest Congress concerning the previous fiscal year, within as long as no sentence is rendered. sixty days of the opening of the legislative session; Paragraph 4. During his term of office, theP resident XXV – fill and abolish federal government positions, of the Republic may not be held liable to acts outside as set forth by law; the performance of his functions. XXVI – issue provisional measures, with force of law, according to article 62; SECTION IV XXVII – perform other duties set forth in this The Ministers of State Constitution. Sole paragraph. The President of the Republic may Article 87. The Ministers ofS tate shall be chosen from delegate the duties mentioned in items VI, XII and among Brazilians over twenty-one years of age and in XXV, first part, to the Ministers of State, to the At- possession of their political rights. torney-General of the Republic or to the Advocate- General of the Union, who shall observe the limitations Sole paragraph. The Minister of State, in addition established in the respective delegations. to other duties established in this Constitution and in the law, has the power to: I – exercise guidance, coordination and supervision SECTION III of the agencies and entities of the federal admin- Liability of the President of the Republic istration in the area of his authority and to coun- tersign acts and decrees signed by the President of Article 85. Those acts of theP resident of the Republic the Republic; which attempt on the Federal Constitution and espe- II – issue instructions for the enforcement of laws, cially on the following, are crimes of malversation: decrees and regulations; I – the existence of the Union; III – submit to the President of the Republic an an- II – the free exercise of the Legislative Power, the nual report on his administration of the Ministry; Judicial Power, the Public Prosecution and the con- IV – perform the acts pertinent to the duties as- stitutional Powers of the units of the Federation; signed or delegated to him by the President of the III – the exercise of political, individual and social Republic. rights; Article 88. The law shall provide for the creation and IV – the internal security of the country; abolishment of Ministries and government bodies. V – probity in the administration; (CA No. 32, 2001) VI – the budgetary law; VII – compliance with the laws and with court decisions. SECTION V Sole paragraph. These crimes shall be defined in a The Council of the Republic and special law, which shall establish the rules of proce- the National Defense Council dure and trial. Article 86. If charges against the President of the SUBSECTION I Republic are accepted by two-thirds of the Chamber The Council of the Republic of Deputies, he shall be submitted to trial before the Supreme Federal Court for common criminal Article 89. The Council of the Republic is a higher offenses or before the Federal Senate for crimes of body for consultation by the President of the Republic, malversation. and its members are: Paragraph 1. TheP resident shall be suspended from I – the Vice President of the Republic; his functions:

41 Constitution of the Federative Republic of Brazil

II – the President of the Chamber of Deputies; their actual use, especially on the boundary zone and III – the President of the Federal Senate; on those related to the preservation and exploitation IV – the majority and the minority leaders in the of natural resources of any kind; Chamber of Deputies; IV – to study, propose and monitor the development V – the majority and the minority leaders in the of initiatives required to guarantee national inde- Federal Senate; pendence and the defense of the democratic state. VI – the Minister of Justice; Paragraph 2. The organization and the operation VII – six born Brazilian citizens, with over thirty-five of the National Defense Council shall be regulated years of age, two of which appointed by the President by law. of the Republic, two elected by the Federal Senate and two elected by the Chamber of Deputies, all CHAPTER III with a term of office of three years, the re-appoint- The Judicial Power ment being prohibited. Article 90. The Council of the Republic has the SECTION I competence to express opinion on: General Provisions I – federal intervention, state of defense and state of siege; Article 92. The following are the bodies of the Judicial II – matters relevant to the stability of the democratic Power: (CA No. 45, 2004) institutions. I – the Supreme Federal Court; Paragraph 1. The President of the Republic may I-A – the National Council of Justice; call a State Minister to participate in the Council II – the Superior Court of Justice; meeting, when the agenda includes a matter related III – the Federal Regional Courts and the Federal to the respective Ministry. Judges; Paragraph 2. The organization and operation of the IV – the Labour Courts and Judges; Council of the Republic shall be regulated by law. V – the Electoral Courts and Judges; VI – the Military Courts and Judges; SUBSECTION II VII – the Courts and Judges of the states, of the The National Defense Council Federal District and of the territories. Paragraph 1. The Supreme Federal Court, the Na- Article 91. TheN ational Defense Council is a consul- tional Council of Justice, and the Superior Courts tation body of the President of the Republic on matters have their seat in the Federal Capital. related to national sovereignty and the defense of the Paragraph 2. The Supreme Federal Court and the democratic state, and the following participate in it Superior Courts have their jurisdiction over the entire as natural members: (CA No. 23, 1999) Brazilian territory. I – the Vice President of the Republic; Article 93. A supplementary law, proposed by the II – the President of the Chamber of Deputies; Supreme Federal Court, shall provide for the Statute III – the President of the Federal Senate; of the Judicature, observing the following principles: IV – the Minister of Justice; (CA No. 19, 1998; CA No. 20, 1998; CA No. 45, V – the Minister of Defense; 2004) VI – the Minister of External Relations; I – admission into the career, with the initial post of VII – the Minister of Planning; substitute judge, by means of a civil service entrance VIII – the Commanders of the Navy, the Army, examination of tests and presentation of academic and the Air Force. and professional credentials, with the participation Paragraph 1. It is the competence of the National of the Brazilian Bar Association in all phases, at Defense Council: least three years of legal practice being required of I – to express opinion in the event of declaration holders of a B.A. in law, and obeying the order of of war and making of peace, as established in this classification for appointments; Constitution; II – promotion from level to level, based on senior- II – to express opinion on the decreeing of state of ity and merit, alternately, observing the following defense, state of siege and federal intervention; rules: III – to propose the criteria and conditions for the a) the promotion of a judge who has appeared in use of areas which are indispensable to the security a merit list for three consecutive times or for five of the national territory and to express opinion on alternate times is mandatory;

42 Constitution of the Federative Republic of Brazil

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

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Article 95. Judges enjoy the following guarantees: II – the Supreme Federal Court, the Superior Courts (CA No. 19, 1998; CA No. 45, 2004) and the Courts of Justice, to propose to the respective I – life tenure, which, at first instance, shall only be Legislative Power, with due regard for the provisions acquired after two years in office, loss of office- be of article 169: ing dependent, during this period, on deliberation a) alteration in the number of members of the of the court to which the judge is subject, and, in lower courts; other cases, on a final and unappealable judicial b) creation and abolishment of offices and the decision; remuneration of the auxiliary services and of the II – irremovability, save for reason of public interest, courts connected with them, as well as the estab- under the terms of article 93, VIII; lishment of the compensation for their members III – irreducibility of compensation, except for the and for the judges, including those of the lower provisions of articles 37, X and XI, 39, paragraph 4, courts, if existing; 150, II, 153, III, and 153, paragraph 2, I. c) creation or abolishment of lower courts; Sole paragraph. Judges are forbidden to: d) alteration of the judicial organization and I – hold, even when on paid availability, another division; office or position, except for a teaching position; III – the Courts of Justice, to try judges of the II – receive, on any account or for any reason, court states, of the Federal District and of the Territories, costs or participation in a lawsuit; as well as members of the Public Prosecution, for III – engage in political or party activities. common crimes and crimes of malversation, ex- IV – receive, on any account or for any reason, cept in those cases within the competency of the financial aid or contribution from individuals, and Electoral Courts. from public or private institutions, save for the Article 97. The courts may declare a law or a normative exceptions set forth in law; act of the Government unconstitutional only by the V – practice law in the court or tribunal on which vote of the absolute majority of their members or of they served as judges, for a period of three years the members of the respective special body. following their retirement or discharge. Article 98. TheU nion, in the Federal District and in Article 96. It is of the exclusive competence of: (CA the territories, and the states shall create: (CA No. 22, No. 41, 2003) 1999; CA No. 45, 2004) I – the courts: I – special courts, filled by togated judges, or by a) to elect their directive bodies and to draw up togated and lay judges, with powers for concili- their internal regulations, in compliance with the ation, judgement and execution of civil suits of rules of proceedings and the procedural guarantees lesser complexity and criminal offenses of lower of the parties, and regulating the competence and offensive potential, by oral and summary proceed- the operation of the respective jurisdictional and ings, allowing, in the cases established in law, the administrative bodies; settlement and judgement of appeals by panels of b) to organize their secretariats and auxiliary serv- judges of first instance; ices, as well as those of the tribunals connected with II – remunerated justice of peace, formed by citizens them, guaranteeing the exercise of the respective elected by direct, universal and secret vote, with a inspection activities; term of office of four years and competence to, under c) to fill, under the terms of this Constitution, the terms of the law, perform marriages, examine offices of career judges within their respective ju- qualification proceedings,ex officio or in view of the risdiction; presentation of a challenge, and exercise conciliatory d) to propose the creation of new courts of first functions, of a non-jurisdictional nature, besides instance; others established by law. e) to fill, by means of a civil service entrance ex- Paragraph 1. Federal legislation shall provide for amination of tests, or of tests and presentation of the establishment of special courts within Federal academic and professional credentials, according to Justice. the provisions of article 169, sole paragraph, the Paragraph 2. Judicial costs and fees shall be assigned offices required for the administration of justice, exclusively to fund services related to activities which except for the positions of trust as defined in law; are specific of Justice. f) to grant leave, vacations and other absences to their members and to the judges and employees who Article 99. The JudicialP ower is ensured of administra- are immediately subordinated to them; tive and financial autonomy. (CA No. 45, 2004)

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Paragraph 1. The courts shall prepare their budget Paragraph 2. The budgetary allocations and the proposals, within the limits stipulated jointly with the credits opened shall be assigned directly to the Ju- other Powers in the law of budgetary directives. dicial Power, it being within the competence of the Paragraph 2. The proposal shall, after hearing the President of the Court which rendered the decision other interested courts, be forwarded: of execution to determine payment, according to the I – at the federal level, by the presidents of the possibilities of the deposit, and to authorize, upon Supreme Federal Court and of the Superior Courts, petition of a creditor and exclusively in the event that with the approval of the respective courts; his right of precedence is not respected, seizure of the II – at the level of the states and of the Federal amount required to satisfy the debt. District and the territories, by the presidents of the Paragraph 3. The provision contained in the head Courts of Justice, with the approval of the respec- paragraph of this article, regarding the emission of tive courts. court orders, does not apply to bonds defined by Paragraph 3. If the government bodies referred to in law as being of a small amount, which must be paid paragraph 2 do not forward their respective budget by the Federal, State, Federal District or Municipal proposals within the time period stipulated in the tax authorities by virtue of a final and unappealable law of budgetary directives, the Executive Power judicial decision. shall, with a view to engrossing the annual budget Paragraph 4. The issuance of a court order as a proposal, take into account the figures approved in supplementation to or in addition to an amount to the current budgetary law, such figures adjusted in be paid, as well as the parceling, apportionment, or accordance with the limits stipulated under the terms reduction of the amount under execution are forbid- of paragraph 1 of this article. den, so that payment will not be made, in part, as Paragraph 4. If the budget proposals referred to in stipulated in paragraph 3 of this article, and, in part, this article and thus forwarded do not obey the limits by means of the issuance of a court order. stipulated under paragraph 1, the Executive Power Paragraph 5. The law may stipulate different amounts shall effect the necessary adjustments with a view to for the purpose set forth in paragraph 3 of this ar- engrossing the annual budget proposal. ticle, according to the different capacities of public Paragraph 5. In the implementation of the budget entities. of a specific fiscal year, no expenses may be incurred Paragraph 6. TheP resident of the appropriate Court and no obligations may be assumed that exceed the who, by means of an act or omission, delays or at- limits stipulated in the law of budgetary directives, tempts to frustrate the regular payment of a court except when previously authorized, by opening sup- order debt shall be liable to crime of malversation. plementary or special credits. Article 100. With the exception of alimony credits, Section II payments owed by the federal, state or municipal The Supreme Federal Court treasuries, by virtue of a court decision, shall be made exclusively in chronological order of presentation of Article 101. TheS upreme Federal Court is composed judicial requests and charged to the respective credits, of eleven Justices, chosen from among citizens over it being forbidden to designate cases or persons in thirty-five and under sixty-five years of age, of notable the budgetary appropriations and in the additional juridical learning and spotless reputation. credits opened for such purpose. (CA No. 30, 2000; Sole paragraph. The Justices of theS upreme Federal CA No. 37, 2002) Court shall be appointed by the President of the Re- Paragraph 1. It is mandatory for the budgets of public public, after their nomination has been approved by entities to include the funds required for the payment the absolute majority of the Federal Senate. of debts arising from final and unappealable judicial Article 102. TheS upreme Federal Court is responsible, decisions, stated in court orders presented until or essentially, for safeguarding the Constitution, and it is on July 1, and the payment shall be made before the within its competence: (CA No. 3, 1993; CA No. 22, close of the subsequent fiscal year, on which date their 1999; CA No. 23, 1999; CA No. 45, 2004) amounts shall be adjusted for inflation. Paragraph 1-A. Alimony debts include those arising I – to institute legal proceeding and trial, in the from salaries, remuneration, pay, pensions, and their first instance, of: supplementations, social security benefits and com- a) direct actions of unconstitutionality of a federal pensation for death and disability, such compensation or state law or normative act, and declaratory ac- being based on civil liability, by virtue of a final and tions of constitutionality of a federal law or nor- unappealable judicial decision. mative act;

45 Constitution of the Federative Republic of Brazil

b) in common criminal offenses, the President of Directing Boards of one of these legislative houses, the Republic, the Vice President, the members of of the Federal Audit Court, of one of the Superior the National Congress, its own Justices and the Courts, or of the Supreme Federal Court itself; Attorney-General of the Republic; r) lawsuits against the National Council of Justice c) in common criminal offenses and crimes of mal- and against the National Council of the Public versation, the Ministers of State and the Command- Prosecution; ers of the Navy, the Army, and the Air Force, except II – to judge on ordinary appeal: as provided in article 52, I, the members of the a) habeas corpus, writs of mandamus, habeas data and Superior Courts, those of the Federal Audit Court writs of injunction decided in a sole instance by the and the heads of permanent diplomatic missions; Superior Courts, in the event of a denial; d) habeas corpus, when the petitioner is any one of b) political crimes; the persons referred to in the preceding subitems; III – to judge, on extraordinary appeal, cases de- the writ of mandamus and habeas data against acts cided in a sole or last instance, when the decision of the President of the Republic, of the Directing appealed: Boards of the Chamber of Deputies and of the a) is contrary to a provision of this Constitution; Federal Senate, of the Federal Audit Court, of b) declares a treaty or a federal law unconstitu- the Attorney-General of the Republic and of the tional; Supreme Federal Court itself; c) considers valid a law or act of a local government e) litigation between a foreign State or an inter- contested in the light of this Constitution. national organization and the Union, a state, the d) considers valid a local law challenged in the light Federal District or a territory; of a federal law. f) disputes and conflicts between the Union and Paragraph 1. A claim of non-compliance with a the states, the Union and the Federal District, fundamental precept deriving from this Constitution or between one another, including the respective shall be examined by the Supreme Federal Court, indirect administration bodies; under the terms of the law. g) extradition requested by a foreign state; Paragraph 2. Final decisions on merits, pronounced h) (revoked); by the Supreme Federal Court, in direct actions of i) habeas corpus, when the constraining party is a Su- unconstitutionality and declaratory actions of con- perior Court, or when the constraining party or the stitutionality shall have force against all, as well as petitioner is an authority or employee whose acts are a binding effect, as regards the other bodies of the directly subject to the jurisdiction of the Supreme Judicial Power and the governmental entities and Federal Court, or in the case of a crime, subject to entities owned by the Federal Government, in the the same jurisdiction in one sole instance; federal, state, and local levels. j) criminal review of and actions to overrule its Paragraph 3. In an extraordinary appeal, the appeal- final judgements; ing party must demonstrate the general repercussion l) claims for the preservation of its powers and of the constitutional issues discussed in the case, under guarantee of the authority of its decisions; the terms of the law, so that the Court may examine m) enforcement of court decisions in the cases where the possibility of accepting the appeal, and it may it has original competence, the delegation of duties only reject it through the opinion of two thirds of to perform procedural acts being allowed; its members. n) a suit in which all members of the judicature are Article 103. The following may file direct actions of directly or indirectly involved, and a suit in which unconstitutionality and declaratory actions of consti- more than half of the members of the court of tutionality: (CA No. 3, 1993; CA No. 45, 2004) origin are disqualified or have a direct or indirect interest; I – the President of the Republic; o) conflicts of powers between theS uperior Court II – the directing board of the Federal Senate; of Justice and any other courts, between Supe- III – the directing board of the Chamber of rior Courts, or betweeen the latter and any other Deputies; court; IV – the Directing Board of a State Legislative Assem- p) petitions of provisional remedy in direct actions bly or of the Federal District Legislative Chamber; of unconstitutionality; V – a State Governor or the Federal District q) writs of injunction, when drawing up of the Governor; regulation is the responsibility of the President VI – the Attorney-General of the Republic; of the Republic, of the National Congress, of the VII – the Federal Council of the Brazilian Bar Chamber of Deputies, of the Federal Senate, of the Association;

46 Constitution of the Federative Republic of Brazil

VIII – a political party represented in the National term of office, one reappointment being permitted, Congress; as follows: (CA No. 45, 2004) IX – a confederation of labour unions or a profes- I – a Justice of the Supreme Federal Court, nomi- sional association of a nationwide nature. nated by said Court; Paragraph 1. TheA ttorney-General of the Republic II – a Justice of the Superior Court of Justice, nomi- shall be previously heard in actions of unconstitution- nated by said Court; ality and in all suits under the power of the Supreme III – a Justice of the Superior Labour Court, nomi- Federal Court. nated by said Court; Paragraph 2. When unconstitutionality is declared IV – a judge of a State Court of Justice, nominated on account of lack of a measure to render a constitu- by the Supreme Federal Court; tional provision effective, the competentP ower shall V – a state judge, nominated by the Supreme Federal be notified for the adoption of the necessary actions Court; and, in the case of an administrative body, to do so VI – a judge of a Federal Regional Court, nominated within thirty days. by the Superior Court of Justice; Paragraph 3. When the Supreme Federal Court VII – a federal judge, nominated by the Superior examines the unconstitutionality in abstract of a legal Court of Justice; provision or normative act, it shall first summon the VIII – a judge of a Regional Labour Court, nomi- Advocate-General of the Union, who shall defend the nated by the Superior Labour Court; impugned act or text. IX – a labour judge, nominated by the Superior Paragraph 4. (Revoked). Labour Court; Article 103-A. TheF ederal Supreme Court may, ex- X – a member of the Public Prosecution of the officio or upon request, upon decision of two thirds of Union, nominated by the Attorney-General of the its members, and following reiterated judicial decisions Republic; on constitutional matter, issue a summula (restatement XI – a member of a state Public Prosecution, chosen of case law) which, as from publication in the official by the Attorney-General of the Republic from among press, shall have a binding effect upon the lower bod- the names indicated by the competent body of each ies of the Judicial Power and the direct and indirect state institution; public administration, in the federal, state, and local XII – two lawyers, nominated by the Federal Board levels, and which may also be reviewed or revoked, as of the Brazilian Bar Association; set forth in law. (CA No. 45, 2004) XIII – two citizens of notable juridical learning and spotless reputation, one of whom nominated Paragraph 1. The purpose of a summula is to vali- by the Chamber of Deputies and the other one by date, construe, and impart effectiveness to some rules the Federal Senate. about which there is a current controversy among Paragraph 1. The Council shall be presided over judicial bodies or among such bodies and the public by the Justice of the Supreme Federal Court, who administration, and such controversy brings about shall vote in the event of tied voting, and he shall serious juridical insecurity and the filing of multiple be excluded from the assignment of proceedings in lawsuits involving similar issues. said Court. Paragraph 2. Without prejudice to the provisions the Paragraph 2. The members of the Council shall be law may establish, the issuance, review, or revocation appointed by the President of the Republic, after of a summula may be requested by those who may their nomination has been approved by the absolute file a direct action of unconstitutionality. majority of the Federal Senate. Paragraph 3. An administrative act or judicial deci- Paragraph 3. If the nominations set forth in this sion which contradicts the applicable summula or article are not effected within the legal deadline, which unduly applies a summula may be appealed selection shall be incumbent upon the Federal Su- to the Supreme Federal Court, and if the appeal is preme Court. granted, such Court shall declare the administrative Paragraph 4. It is incumbent upon the Council to act null and void or overrule the appealed judicial control the administrative and financial operation decision, ordering that a new judicial decision be of the Judicial Branch and the proper discharge of issued, with or without applying the summula, as official duties by judges, and it shall, in addition to the case may be. other duties that the Statute of the Judicature may Article 103-B. The National Council of Justice is confer upon it: composed of fifteen members over thirty-five and I – ensure that the Judicial Branch is autonomous under sixty-six years of age, appointed for a two-year and that the Statute of the Judicature is complied

47 Constitution of the Federative Republic of Brazil

with, and it may issue regulatory acts within its employees, including in the States, the Federal Dis- jurisdiction, or recommend measures; trict, and the Territories. II – ensure that article 37 is complied with, and Paragraph 6. TheA ttorney General of the Republic examine, ex-officio or upon request, the legality and the Chairman of the Federal Board of the Brazil- of administrative acts carried out by members or ian Bar Association shall be competent to petition bodies of the Judicial Branch, and it may revoke or before the Council. review them, or stipulate a deadline for the adoption Paragraph 7. TheU nion shall establish Justice om- of the necessary measures to achieve due execution budsman’s offices, including in the Federal District of the law, without prejudice to the powers of the and in the Territories, with powers to receive com- Federal Audit Court; plaints and accusations from any interested party III – receive and examine complaints against mem- against members or bodies of the Judicial Branch, or bers or bodies of the Judicial Branch, including against their ancillary services, thus presenting formal against its ancillary services, clerical offices, and charges directly to the National Council of Justice. bodies in charge of notary and registration services which operate by virtue of Government delegation SECTION III or have been made official, without prejudice to the The Superior Court of Justice courts’ disciplinary competence and their power to correct administrative acts, and it may order that Article 104. The Superior Court of Justice is com- pending disciplinary proceedings be forwarded to posed of a minimum of thirty-three Justices. (CA the National Council of Justice, determine the re- No. 45, 2004) moval, placement on paid availability, or retirement with compensation or pension in proportion to the Sole paragraph. The Justices of the Superior Court length of service, and enforce other administrative of Justice shall be appointed by the President of the sanctions, full defense being ensured; Republic chosen from among Brazilians over thirty-five IV – present a formal charge to the Public Prosecu- and under sixty-five years of age, of notable juridical tion, in the case of crime against public administra- learning and spotless reputation, after the nomination tion or abuse of authority; has been approved by the absolute majority of the V – review, ex-officio or upon request, disciplinary Federal Senate, as follows: proceedings against judges and members of courts I – one-third shall be chosen from among judges tried in the preceding twelve months; of the Federal Regional Courts and one-third from VI – prepare a twice-a-year statistical report on among judges of the Courts of Justice, nominated in proceedings and judgements rendered per unit of a list of three names prepared by the Court itself; the Federation in the various bodies of the Judicial II – one-third, in equal parts, shall be chosen from Branch; among lawyers and members of the Federal Public VII – prepare a yearly report, including the measures Prosecution, the Public Prosecution of the states, it deems necessary, on the state of the Judicial Branch the Public Prosecution of the Federal District and in the Country and on the Council’s activities, the Territories, alternately, nominated under the which report must be an integral part of a message terms of article 94. to be forwarded by the Chief Justice of the Supreme Article 105. TheS uperior Court of Justice has the com- Federal Court to the National Congress upon the petence to: (CA No. 23, 1999; CA No. 45, 2004) opening of the legislative session. I – institute legal proceeding and trial, in the first Paragraph 5. The Justice of the Superior Court of instance, of: Justice shall occupy the position of Corregidor-Justice, a) in common crimes, the Governors of the states in charge of internal affairs, and he shall be excluded and of the Federal District, and, in such crimes and from the assignment of proceedings in said Court, in crimes of malversation, the judges of the Courts the following duties being incumbent upon him, in of Justice of the states and of the Federal District, addition to those that may be conferred upon him the members of the Audit Courts of the states and by the Statute of the Judicature: of the Federal District, those of the Federal Regional I – to receive complaints and accusations from Courts, of the Regional Electoral and Labour Courts, any interested party regarding judges and judici- the members of Audit Councils or Courts of the ary services; municipalities and the members of the Public Pros- II – to exercise executive functions of the Council ecution of the Union who act before courts; concerning inspection and general correction; b) writs of mandamus and habeas data against an III – to requisition and appoint judges, charging act of a Minister of State, of the Commanders of them with specific duties, and to requisition court

48 Constitution of the Federative Republic of Brazil the Navy, the Army, and the Air Force, or of the Sole paragraph. The following shall operate in con- Court itself; junction with the Superior Court of Justice: c) habeas corpus, when the constraining party or the I – the National School for the Education and petitioner is any of the persons mentioned in subitem Further Development of Judges, which shall be a, or when the constraining party is a court subject in charge, among other duties, of regulating the to its jurisdiction, a Minister of State or Commander official courses for admission into and promotion of the Navy, the Army, or the Air Force, except for in the career; the competence of the Electoral Courts; II – the Council of Federal Justice, which shall, d) conflicts of competence between any courts, except under the terms of the law, exercise administrative as provided in article 102, I, o, as well as between a and budgetary supervision over the Federal Courts court and the judges not subject to it and between of first and second instances, in the quality of the judges subject to different courts; main body of the system, having powers to correct e) criminal review of and actions to overrule its administrative acts, and whose decisions shall have final judgements; a binding nature. f) claims for the preservation of its competence and guarantee of the authority of its decisions; SECTION IV g) conflicts of duties between administrative and The Federal Regional Courts and judicial authorities of the Union, or between judicial the Federal Judges authorities of one state and administrative authorities of another or of the Federal District, or between Article 106. The following are the bodies of Federal those of the latter and those of the Union; Justice: h) writs of injunction, when the drawing up of a regulation is the responsibility of a federal body, I – the Federal Regional Courts; entity, or authority, of the direct or indirect admin- II – the Federal Judges. istration, with the exception of the cases within the Article 107. The Federal Regional Courts are com- competence of the Supreme Federal Court and of the posed of a minimum of seven judges, selected, when- bodies of the Military Justice, of the Electoral Justice, ever possible, in the respective region and nominated of the Labour Justice and of the Federal Justice; by the President of the Republic from among Brazilians i) the homologation of foreign court decisions and over thirty and under sixty-five years of age, as follows: the granting of exequatur to letters rogatory; (CA No. 45, 2004) II – judge, on ordinary appeal: I – one-fifth shall be chosen from among lawyers a) habeas corpus decided in a sole or last instance by effectively practicing their professional activity for the Federal Regional Courts or by the courts of the more than ten years and from among members of states, of the Federal District and the Territories, the Federal Public Prosecution, with over ten years in the event of a denial; of service; b) writs of mandamus decided in a sole instance by II – the others, by means of promotion of federal the Federal Regional Courts or by the courts of the judges with over five years in office, for seniority states, of the Federal District and the Territories, and merit, alternately. in the event of a denial; Paragraph 1. A law shall regulate the removal or c) cases in which the parties are a foreign state or exchange of judges of the Federal Regional Courts international organization, on the one part, and a and shall determine their jurisdiction and seat. municipality or a person residing or domiciled in Paragraph 2. The Federal Regional Courts shall the country, on the other part; install an itinerant justice system, carrying out hear- III – judge, on special appeal, the cases decided, in a ings and other functions typical of the operation of sole or last instance, by the Federal Regional Courts justice, within the territorial limits of the respective or by the courts of the states, of the Federal District jurisdiction, and making use of public and com- and the Territories, when the decision appealed: munity facilities. a) is contrary to a treaty or a federal law, or denies Paragraph 3. The Federal Regional Courts may it effectiveness; operate in a decentralized mode, by creating regional b) considers valid an act of a local government Divisions, with a view to affording claimants full ac- challenged in the light of a federal law; cess to justice in all stages of the judicial action. c) confers upon a federal law an interpretation different from that which has been conferred upon Article 108. The Federal Regional Courts have the it by another court. competence to:

49 Constitution of the Federative Republic of Brazil

I – institute legal proceeding and trial, in the first VIII – writs of mandamus and habeas data against an instance, of: act of a federal authority, except for the cases within a) federal judges within the area of their jurisdic- the competence of the federal courts; tion, including those of the Military and Labour IX – crimes committed aboard ships or aircrafts, Courts, in common crimes and crimes of malversa- excepting the competence of the Military Courts; tion, and the members of the Public Prosecution X – crimes or irregular entry or stay of a foreigner, of the Union, except for the competence of the execution of letters rogatory, after exequatur, and of Electoral Courts; foreign court decisions, after homologation, cases b) criminal reviews of and actions to overrule their related to nationality, including the respective option, final judgements or those of the federal judges of and to naturalization; the region; XI – disputes over the rights of Indians. c) writs of mandamus and habeas data against an Paragraph 1. Cases in which the Union is the plaintiff act of the Court itself or of a federal judge; shall be instituted in the judicial section where the d) habeas corpus, when the constraining authority other party is domiciled. is a federal judge; Paragraph 2. Cases brought against the Union may e) conflicts of competence between federal judges be instituted in the judicial section where the plaintiff subject to the Court; is domiciled, or where the act or fact giving rise to the II – judge, at the level of appeal, cases decided by suit occurred or where the item is located, or further, federal judges and by state judges in the exercise in the Federal District. of the federal competence within the area of their Paragraph 3. Cases in which the parties are a social jurisdiction. security institution and its beneficiary shall undergo legal proceeding and trial in the state courts, in the Article 109. The federal judges have the competence forum of the domicile of the beneficiaries or insured to institute legal proceeding and trial of: (CA No. participants, whenever the district is not the seat of 45, 2004) a federal court of first instance, in which case the I – cases in which the Union, an autonomous gov- law may allow other cases to be also processed and ernment agency or a federal public company have judged by the state courts. an interest as plaintiffs, defendants, privies or inter- Paragraph 4. In the event of the preceding paragraph, veners, with the exception of cases of bankruptcy, the appropriate appeal shall always be taken to the of job-related accidents, and of those subject to the Federal Regional Court within the area of jurisdiction Electoral and Labour Courts; of a judge of first instance. II – cases between a foreign state or international Paragraph 5. In cases of serious human rights viola- organization and a municipality or a person domi- tions, and with a view to ensuring compliance with ciled or residing in the country; obligations deriving from international human rights III – cases based on a treaty or a contract between treaties to which Brazil is a party, the Attorney-Gen- the Union and a foreign State or international or- eral of the Republic may request, before the Superior ganization; Court of Justice, and in the course of any of the stages IV – political crimes and criminal offenses committed of the inquiry or judicial action, that jurisdiction on against the assets, services or an interest of the Union the matter be taken to Federal Justice. or of its autonomous agencies or public companies, excluding misdemeanours and excepting the compe- Article 110. Each state, as well as the Federal District, tence of the Military and Electoral Courts; shall be a judicial section, which shall have its seat in V – crimes covered by an international treaty or the respective capital, and there shall be courts of first convention, when, the prosecution having started instance located where established in law. in the country, the result has taken place or should Sole paragraph. In the Federal Territories, the juris- have taken place abroad, or conversely; diction and duties attributed to federal judges shall V-A – cases regarding human rights referred to in be within the competence of the judges of the local paragraph 5 of this article; justice, under the terms of the law. VI – crimes against the organization of labour and, in the cases determined by law, those against the finan- SECTION V cial system and the economic and financial order; Labour Courts and Judges VII – habeas corpus, in criminal matters within their competence or when the coercion is exercised by Article 111. The following are the bodies of Labour an authority whose acts are not directly subject to Justice: (CA No. 24, 1999; CA No. 45, 2004) another jurisdiction;

50 Constitution of the Federative Republic of Brazil

I – the Superior Labour Court; II – judicial actions involving the exercise of the II – the Regional Labour Courts; right to strike; III – Labour Judges. III – judicial actions regarding union representa- Paragraph 1. (Revoked). tion, when the opposing parties are trade unions, Paragraph 2. (Revoked). or trade unions and workers, or trade unions and Paragraph 3. (Revoked). employers; IV – writs of mandamus, habeas corpus, and habeas Article 111-A. The Superior Labour Court shall be data, when the action being challenged involves composed of twenty-seven Justices, chosen from among matter under the jurisdiction of Labour Justice; Brazilians over thirty-five and under sixty-five years V – conflicts of powers between bodies having juris- of age, appointed by the President of the Republic diction over labour issues, except as provided under after approval by the absolute majority of the Federal article 102, I, o; Senate, as follows: (CA No. 45, 2004) VI – judicial actions arising from labour relations I – one-fifth from among lawyers effectively practic- which seek compensation for moral or property ing their professional activity for more than ten years damages; and from among members of the Labour Public VII – judicial actions regarding administrative penal- Prosecution with over ten years of effective exercise, ties imposed upon employers by the bodies charged with due regard for the provisions of article 94; with supervising labour relations; II – the others, from among career judges of the VIII – ex-officio enforcement of the welfare con- Regional Labour Courts, nominated by the Superior tributions set forth in article 195, I, a, and II, and Labour Court. their legal raises, arising from the judgments it Paragraph 1. The law shall make provisions for the pronounces; powers of the Superior Labour Court. IX – other disagreements arising from labour rela- Paragraph 2. The following shall operate in conjunc- tions, under the terms of the law. tion with the Superior Labour Court: Paragraph 1. If collective negotiations are unsuc- I – the National School for the Education and cessful, the parties may elect arbitrators. Further Development of Labour Judges, which Paragraph 2. If any of the parties refuses collective shall have the duty, among others, to regulate the negotiation or arbitration, they may file a collective official courses for admission into and promotion labour suit of an economic nature, by mutual agree- in the career; ment, and Labour Courts may settle the conflict, II – the Higher Council of Labour Justice, which respecting the minimum legal provisions for the shall, under the terms of the law, exercise administra- protection of labour, as well as any provisions previ- tive, budgetary, financial, and property supervision ously agreed upon. over Labour Courts of first and second instances, Paragraph 3. In the event of a strike in an essential in the quality of central body of the system, whose activity which may possibly injure the public interest, decisions shall have a binding effect. the Labour Public Prosecution may file a collective Article 112. The law shall establishL abour Courts of labour suit, and it is incumbent upon Labour Courts first instance, allowing, in districts not covered by their to settle the conflict. jurisdiction, for the attribution of such jurisdiction Article 115. The Regional Labour Courts are com- to judges, appeals being admissible to the respective posed of a minimum of seven judges, selected, when- Regional Labour Court. (CA No. 45, 2004) ever possible, in the respective region and appointed by Article 113. The law shall regulate the constitution, the President of the Republic from among Brazilians installation, jurisdiction, powers, guarantees, and over thirty and under sixty-five years of age, as follows: conditions of exercise of the bodies of Labour Justice. (CA No. 45, 2004) (CA No. 24, 1999) I – one-fifth shall be chosen from among lawyers effectively practicing their professional activity for Article 114. Labour Justice has the power to hear and more than ten years and from among members of try: (CA No. 20, 1998; CA No. 45, 2004) the Labour Public Prosecution with over ten years I – judicial actions arising from labour relations, of effective service, with due regard for the provi- comprising entities of public international law and sions of article 94; of the direct and indirect public administration of II – the others, by means of promotion of labour the Union, the states, the Federal District, and the judges for seniority and merit, alternately. municipalities; Paragraph 1. TheR egional Labour Courts shall install an itinerant justice system, carrying out hearings and

51 Constitution of the Federative Republic of Brazil

other functions typical of the operation of justice, judge chosen in any case by the respective Federal within the territorial limits of the respective juris- Regional Court; diction, and making use of public and community III – through appointment by the President of the facilities. Republic, of two judges nominated by the Court of Paragraph 2. The Regional Labour Courts may Justice from among six lawyers of notable juridical operate in a decentralized mode, by creating regional learning and good moral repute. Divisions, with a view to affording claimants full ac- Paragraph 2. The Regional Electoral Court shall cess to justice in all stages of the judicial action. elect its President and Vice President from among its judges. Article 116. In the Labour Courts of first instance, jurisdiction shall be exercised by a single judge. (CA Article 121. A supplementary law shall provide for the No. 24, 1999) organization and competence of the electoral courts, Sole paragraph. (Revoked). judges and boards. Paragraph 1. The members of the courts, the court Article 117. (Revoked). (CA No. 24, 1999) judges and the members of the electoral boards, while in office and insofar as applicable to them, shall enjoy SECTION VI full guarantees and shall be non-removable. Electoral Courts and Judges Paragraph 2. The Judges of the Electoral Courts, except for a justified reason, shall serve for a minimum Article 118. The following are the bodies ofE lectoral of two years, and never for more than two consecutive Justice: two-year periods, and their substitutes shall be chosen I – the Superior Electoral Court; at the same time and through the same procedure, II – the Regional Electoral Courts; in equal numbers for each category. III – the Electoral Judges; Paragraph 3. The decisions of theS uperior Electoral IV – the Electoral Boards. Court are unappealable, save those which are contrary to this Constitution and those denying habeas corpus Article 119. The Superior Electoral Court shall be or writs of mandamus. composed of a minimum of seven members chosen: Paragraph 4. Decisions of the Regional Electoral I – through election, by secret vote: Courts may only be appealed against when: a) three judges from among the Justices of the I – they are rendered against an express provision Supreme Federal Court; of this Constitution or of a law; b) two judges from among the Justices of the Su- II – there is a divergence in the interpretation of a perior Court of Justice; law between two or more electoral courts; II – through appointment by the President of the III – they relate to ineligibility or issuance of cer- Republic, two judges from among six lawyers of tificates of electoral victory in federal or state elec- notable juridical learning and good moral repute, tions; nominated by the Supreme Federal Court. IV – they annul certificates of electoral victory or Sole paragraph. The Superior Electoral Court shall decree the loss of federal or state elective offices; elect its President and Vice President from among V – they deny habeas corpus, writs of mandamus, the Justices of the Supreme Federal Court, and its habeas data or writs of injunction. Electoral Corregidor from among the Justices of the Superior Court of Justice. SECTION VII Article 120. There shall be a Regional Electoral Military Courts and Judges Court in the capital of each state and in the Federal District. Article 122. The following are the bodies of Military Paragraph 1. The Regional Electoral Courts shall Justice: be composed: I – the Superior Military Court; I – through election, by secret vote: II – the Military Courts and Judges instituted by a) of two judges chosen from among the judges of law. the Court of Justice; b) of two judges chosen by the Court of Justice Article 123. The Superior Military Court shall be from among court judges; composed of fifteen life Justices, appointed by the II – of a judge of the Federal Regional Court with President of the Republic, after their nomination has its seat in the capital of a state or in the Federal been approved by the Federal Senate, three of which District, or, in the absence thereof, of a federal shall be chosen from among General officers of the

52 Constitution of the Federative Republic of Brazil

Navy, four from among General officers of theA rmy, courts, to institute legal proceeding and trial of mili- three from among General officers of the Air Force, tary crimes committed against civilians and to hear all of them in active service and in the highest rank of and try judicial actions against military disciplinary the career, and five from among civilians. measures, and it is incumbent upon the Council of Sole paragraph. The civil justices shall be chosen by Justice, presided over by a judge, to institute legal the President of the Republic from among Brazilians proceeding and trial of other military crimes. over thirty-five years of age, as follows: Paragraph 6. The Court of Justice may operate in a I – three from among lawyers of notable juridical decentralized mode, by creating regional Divisions, learning and spotless conduct, with over ten years with a view to affording claimants full access to justice of effective professional activity; in all stages of the judicial action. II – two, by equal choice, from among auditor Paragraph 7. The Court of Justice shall install an itin- judges and members of the Public Prosecution of erant justice system, carrying out hearings and other the Military Justice. functions typical of the operation of justice, within the territorial limits of the respective jurisdiction, and Article 124. The Military Courts have the competence making use of 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 Sole paragraph. The law shall make provisions for to land property, the Court of Justice shall propose the organization, operation and competence of the the creation of specialized single-judge courts, with Military Courts. exclusive competence for agrarian matters. (CA No. 45, 2004) Sole paragraph. Whenever efficient jurisdictional SECTION VIII service requires it, the judge shall go personally to the Courts and Judges of the States site of the litigation. Article 125. The states shall organize their judicial system, observing the principles established in this CHAPTER IV Constitution. (CA No. 45, 2004) The Functions Essential to Justice Paragraph 1. The competence of the courts shall be defined in the Constitution of the state, and the law SECTION I of judicial organization shall be the initiative of the The Public Prosecution Court of Justice. Paragraph 2. The states have the competence to Article 127. The Public Prosecution is a permanent institute actions of unconstitutionality of state or institution, essential to the jurisdictional function municipal laws or normative acts in the light of the of the State, and it is its duty to defend the juridi- Constitution of the state, it being forbidden to at- cal order, the democratic regime and the inalienable tribute legitimation to act to a sole body. social and individual interests. (CA No. 19, 1998; Paragraph 3. By proposal of the Court of Justice, CA No. 45, 2004) a state law may create the State Military Justice, Paragraph 1. Unity, indivisibility and functional constituted, at first instance, by judges and by the independence are institutional principles of the Public Councils of Justice and, at second instance, by the Prosecution. Court of Justice itself, or by the Court of Military Paragraph 2. The Public Prosecution is ensured of Justice in those states in which the military troops functional and administrative autonomy, and it may, count more than twenty thousand members. observing the provisions of article 169, propose to Paragraph 4. TheS tate Military Justice has the com- the Legislative Power the creation and abolishment of petence to institute legal proceeding and trial of the its offices and auxiliary services, filling them through military of the states for military crimes defined in a civil service entrance examination of tests or of law, as well as to hear and try judicial actions against tests and presentation of academic and professional military disciplinary measures, with due regard for credentials, the remuneration policies, and the career the competence of the jury when the victim is a plans; the law shall provide for its organization and civilian, and the competent court shall decide upon operation. the loss of post or rank of officers and of the grade Paragraph 3. The Public Prosecution shall prepare of servicemen. its budget proposal within the limits established in Paragraph 5. The judges of the military justice system the law of budgetary directives. have the competence, in the quality of single-judge

53 Constitution of the Federative Republic of Brazil

Paragraph 4. If the Public Prosecution does not Attorneys-General, shall establish the organization, forward its respective budget proposal within the time the duties and the statute of each Public Prosecution, period stipulated in the law of budgetary directives, observing, as regards their members: the Executive Power shall, with a view to engross- I – the following guarantees: ing the annual budget proposal, take into account a) life tenure, after two years in office, with loss the figures approved in the current budgetary law, of office only by a final and unappealable judicial such figures adjusted in accordance with the limits decision; stipulated under the terms of paragraph 3. b) irremovability, save for reason of public inter- Paragraph 5. If the budget proposal referred to in this est, through decision of the competent collegiate article and thus forwarded does not obey the limits body of the Public Prosecution, by the vote of stipulated under paragraph 3, the Executive Power the absolute majority of its members, full defense shall effect the necessary adjustments with a view to being ensured; engrossing the annual budget proposal. c) irreducibility of compensation, stipulated ac- Paragraph 6. In the implementation of the budget cording to article 39, paragraph 4, and with due of a specific fiscal year, no expenses may be incurred regard for the provisions of articles 37, X and XI, and no obligations may be assumed that exceed the 150, II, 153, III, 153, paragraph 2, I; limits stipulated in the law of budgetary directives, II – the following prohibitions: except when previously authorized, by opening sup- a) receiving, on any account or for any reason, fees, plementary or special credits. percentages or court costs; b) practicing the legal profession; Article 128. TheP ublic Prosecution comprises: (CA c) participating in a commercial company, under No. 19, 1998; CA No. 45, 2004) the terms of the law; I – the Public Prosecution of the Union, which d) exercising, even when on paid availability, any oth- includes: er public function, except for a teaching position; a) the Federal Public Prosecution; e) engaging in political or party activities; b) the Labour Public Prosecution; f) receiving, on any account or for any reason, fi- c) the Military Public Prosecution; nancial aid or contribution from individuals, and d) the Public Prosecution of the Federal District from public or private institutions, save for the and the Territories; exceptions set forth in law. II – the Public Prosecutions of the states. Paragraph 6. The provisions of article 95, sole Paragraph 1. The head of theP ublic Prosecution of paragraph, V, shall apply to the members of Public the Union is the Attorney-General of the Republic, ap- Prosecution. pointed by the President of the Republic from among career members over thirty-five years of age, after his Article 129. The following are institutional functions name has been approved by the absolute majority of of the Public Prosecution: (CA No. 45, 2004) the members of the Federal Senate, for a term of office I – to initiate, exclusively, public criminal prosecu- of two years, reappointment being allowed. tion, under the terms of the law; Paragraph 2. The removal of theA ttorney-General II – to ensure effective respect by theP ublic Authori- of the Republic, on the initiative of the President of ties and by the services of public relevance for the the Republic, shall be subject to prior authorization rights guaranteed in this Constitution, taking the by the absolute majority of the Federal Senate. action required to guarantee such rights; Paragraph 3. TheP ublic Prosecutions of the states, of III – to institute civil investigation and public civil the Federal District and the Territories shall prepare suit to protect public and social property, the envi- a list of three names from among career members, ronment and other diffuse and collective interests; under the terms of the respective law, for the selection IV – to institute action of unconstitutionality or of their Attorney-General, who shall be appointed by representation for purposes of intervention by the the Head of the Executive Power for a term of office Union or by the states, in the cases established in of two years, one reappointment being allowed. this Constitution; Paragraph 4. The Attorneys-General in the states, V – to defend judicially the rights and interests of in the Federal District and the Territories may be the Indian populations; removed from office by deliberation of the absolute VI – to issue notifications in administrative proce- majority of the Legislative Power, under the terms dures within its competence, requesting information of the respective supplementary law. and documents to support them, under the terms Paragraph 5. Supplementary laws of the Union and of the respective supplementary law; of the states, which may be proposed by the respective

54 Constitution of the Federative Republic of Brazil

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

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I – to receive complaints and accusations from any of effective exercise, by means of a performance ap- interested party regarding members of the Public praisal carried out by the relevant agencies, following Prosecution and its ancillary services; a detailed report issued by the corregidors. II – to exercise executive functions of the Council concerning inspection and general correction; SECTION III III – to requisition and appoint members of the The Legal Profession and the Public Legal Public Prosecution, delegating specific duties to such Defense members, and to requisition employees of Public Prosecution bodies. Article 133. The lawyer is indispensable to the ad- Paragraph 4. The Chairman of the Federal Board ministration of justice and is inviolable for his acts or of the Brazilian Bar Association shall be competent manifestations in the exercise of his profession, within to petition before the Council. the limits of the law. Paragraph 5. Federal and state legislation shall estab- lish ombudsman’s offices for theP ublic Prosecution, Article 134. TheP ublic Legal Defense is an essential with powers to receive complaints and accusations institution to the jurisdictional function of the State from any interested party against members or bodies and is responsible for the judicial guidance and the of the Public Prosecution, including against their an- defense, in all levels, of the needy, under the terms of cillary services, thus presenting formal charges directly article 5, LXXIV. (CA No. 45, 2004) to the National Council of the Public Prosecution. Paragraph 1. A supplementary law shall organize the Public Legal Defense of the Union, of the Federal SECTION II District and the Territories and shall prescribe general The Public Advocacy (CA No. 19, 1998) rules for its organization in the states, into career offices filled, in the initial class, by means of a civil Article 131. The Advocacy-General of the Union is service entrance examination of tests and presentation the institution which, either directly or through a of academic and professional credentials, with the subordinated agency, represents the Union judicially guarantee of irremovability being ensured to its mem- or extrajudicially, and it is responsible, under the bers and the practice of the legal profession beyond terms of the supplementary law which provides for its the institutional attributions being forbidden. organization and operation, for the activities of judicial Paragraph 2. TheP ublic Legal Defense of each state consultation and assistance to the Executive Power. shall be ensured of functional and administrative Paragraph 1. TheA dvocacy-General of the Union is autonomy, as well as the prerogative to present its headed by the Advocate-General of the Union, freely budget proposal within the limits set forth in the law appointed by the President of the Republic from of budgetary directives and in due compliance with among citizens over thirty-five years of age, of notable the provisions of article 99, paragraph 2. juridical learning and spotless reputation. Article 135. Servants in the careers regulated in Sections Paragraph 2. Admission into the initial classes of II and III of this Chapter shall be remunerated accord- the careers of the institution dealt with in this article ing to article 39, paragraph 4. (CA No. 19, 1998) shall take place by means of a civil service entrance examination of tests and presentation of academic and professional credentials. TITLE V Paragraph 3. In the execution of receivable taxes of The Defense of the State a tributary nature, the Union shall be represented and of the Democratic Institutions by the office of the Attorney-General of the Public Finances, observing the provisions of the law. CHAPTER I Article 132. The Prosecutors of the states and of the The State of Defense and the State of Siege Federal District, organized in a career, admission into which shall depend on a civil service entrance examina- SECTION I tion of tests and presentation of academic and profes- The State of Defense sional credentials, with the participation of the Brazilian Bar Association in all of its stages, shall exercise judicial Article 136. TheP resident of the Republic may, after representation and judicial consultation for their respec- hearing the Council of the Republic and the National tive federated units. (CA No. 19, 1998) Defense Council, decree a state of defense to preserve Sole paragraph. The Prosecutors referred to in this or to promptly re-establish, in specific and restricted article are entitled to acquire tenure after three years

56 Constitution of the Federative Republic of Brazil locations, the public order or the social peace threat- SECTION II ened by serious and imminent institutional instability The State of Siege or affected by major natural calamities. Paragraph 1. The decree instituting the state of Article 137. TheP resident of the Republic may, after defense shall determine the period of its duration, hearing the Council of the Republic and the National shall specify the areas to be encompassed and shall Defense Council, request authorization from the indicate, within the terms and limitations of the law, National Congress to decree the state of siege in the the coercive measures to be in force from among event of: the following: I – serious disturbance with nationwide effects or I – restrictions to the rights of: ocurrence of facts that evidence the innefectiveness a) assembly, even if held within associations; of a measure taken during the state of defense; b) secrecy of correspondence; II – declaration of state of war or response to foreign c) secrecy of telegraph and telephone commu- armed agression. nication; Sole paragraph. TheP resident of the Republic shall, II – in the event of a public calamity, occupation on requesting authorization to decree the state of siege and temporary use of public property and services, or to extend it, submit the reasons that determine the Union being liable for the resulting damages such request, and the National Congress shall decide and costs. by absolute majority. Paragraph 2. The state of defense shall not exceed Article 138. The decree of the state of siege shall specify thirty days and it may be extended once for an identi- the period of its duration, the rules required to imple- cal period if the reasons that justified its decreeing ment it and the constitutional guarantees that are to persist. be suspended and, after it is published, the President Paragraph 3. During the period in which the state of the Republic shall designate the executor of the of defense is in force: specific measures and the areas encompassed. I – arrest for a crime against the State, determined Paragraph 1. by the party executing the measure, shall be immedi- In the event of article 137, I, the state ately communicated by such party to the competent of siege may not be decreed for more than thirty judge, who shall remit it if it is illegal, it being the days nor may each extension exceed such period; in arrested person’s choice to request examination of the event of item II, it may be decreed for the entire corpus delicti from the police authority; period of the war or foreign armed aggression. Paragraph 2. II – the communication shall be accompanied by If authorization to decree the state of a statement by the authority as to the physical and siege is requested during parliamentary recess, the mental state of the arrested person at the time of President of the Federal Senate shall immediately the filing of the charges; summon an extraordinary session of the National III – the imprisonment or detention of any person Congress to convene within five days in order to shall not exceed ten days, unless authorized by the examine the act. Paragraph 3. Judicial Power; TheN ational Congress shall remain in IV – incommunicability of the arrested person is session until the end of the coercive measures. forbidden. Article 139. During the period in which the state of Paragraph 4. Upon decreeing a state of defense siege decreed under article 137, I, is in force, only the or extension thereof, the President of the Republic following measures may be taken against persons: shall, within twenty-four hours, submit the act with I – obligation to remain at a specific place; the respective justification to theN ational Congress, II – detention in a building not intended for persons which shall decide by absolute majority. accused of or convicted for common crimes; Paragraph 5. If the National Congress is in recess, it III – restrictions regarding the inviolability of cor- shall be called extraordinarily within five days. respondence, the secrecy of communications, the Paragraph 6. TheN ational Congress shall examine rendering of information and the freedom of press, the decree within ten days as from receipt thereof, radio broadcasting and television, as established and shall remain in operation as long as the state of by law; defense is in force. IV – suspension of freedom of assembly; Paragraph 7. If the decree is rejected, the state of V – home search and seizure; defense shall cease immediately. VI – intervention in public utility companies; VII – requisitioning of property.

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Sole paragraph. The broadcasting of speeches made and posts, and, together with the other members, to by Congressmen in their Legislative Houses is not the use of the uniforms of the Armed Forces; included in the restrictions of item III, if authorized II – a military in active service who takes office in a by the respective Directing Board. permanent civil public position or job shall be trans- ferred to the reserve, under the terms of the law; III – a military in active service who, under the terms SECTION III of the law, takes office in a non-elective, temporary General Provisions civil public position, job or function, even if in the indirect administration, shall be put on leave and, Article 140. The Directing Board of the National as long as he remains in this situation he may only Congress shall, after hearing the party leaders, desig- be promoted by seniority and his period of service nate a Committee comprised of five of its members shall be counted only for that promotion and for to monitor and supervise the implementation of the transfer to the reserve, and after two years, whether measures concerning the state of defense and the continuous or not, away from active service, he state of siege. shall be transferred to the reserve, under the terms Article 141. Once the state of defense or the state of the law; of siege ceases, its effects shall also cease, without IV – the military are forbidden to join unions and prejudice to liability for illicit acts performed by the 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 to belong to political parties; the state of siege ceases, the measures applied during VI – an officer shall only lose his post and rank if the period while it is in force shall be reported by the he is judged unworthy of or incompatible with the President of the Republic in a message to the National dignity of officership by decision of a permanent Congress, with specification and justification of the military court, in times of peace, or of a special actions taken, with the listing of the names of those court, in times of war; affected and indication of the restrictions applied. VII – an officer sentenced in a common or military court by means of an unappealable judgment to imprisonment for more than two years shall be sub- CHAPTER II mitted to trial as provided in the preceding item; The Armed Forces VIII – the provisions of article 7, items VIII, XII, XVII, XVIII, XIX and XXV, and of article 37, items Article 142. The Armed Forces, comprised of the XI, XIII, XIV and XV, apply to the military; Navy, the Army and the Air Force, are permanent and IX – (revoked); regular national institutions, organized on the basis of X – the law shall provide for admission to the Armed hierarchy and discipline, under the supreme authority Forces, age limits, tenure, and other conditions for a of the President of the Republic, and are intended for military to be retired, the rights, duties, remunera- the defense of the Country, for the guarantee of the tion, prerogatives and other circumstances which are constitutional powers, and, on the initiative of any specific to the military, the special characteristics of of these, of law and order. (CA No. 18, 1998; CA their activities being taken into account, including No. 41, 2003) those carried out by virtue of international agree- Paragraph 1. A supplementary law shall establish ments and of war. the general rules to be adopted in the organization, Article 143. Military service is compulsory as set training and use of the Armed Forces. forth by law. Paragraph 2. Habeas corpus shall not apply to military disciplinary punishments. Paragraph 1. It is within the competence of the Paragraph 3. The members of theA rmed Forces are Armed Forces, according to the law, to assign an called military, and the following provisions apply to alternative service to those who, in times of peace, them, in addition to other provisions that the law after being enlisted, claim imperative of conscience, may establish: which shall be understood as originating in religious I – the ranks, with the prerogatives, rights and duties creed and philosophical or political belief, for exemp- inherent to them, are awarded by the President of the tion from essentially military activities. Republic and are guaranteed in full to officers in ac- Paragraph 2. Women and clergymen are exempt from tive service, those of the reserve or in retirement, and compulsory military service in times of peace, but are such officers have exclusive rights to military titles subject to other duties assigned to them by law.

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CHAPTER III Paragraph 7. The law shall regulate the organization Public Security and operation of the agencies responsible for public security in such a manner as to guarantee the efficiency Article 144. Public security, the duty of the State of their activities. and the right and responsibility of all, is exercised to Paragraph 8. The municipalities may organize mu- preserve public order and the safety of persons and nicipal guards to protect their property, services and property, by means of the following agencies: (CA facilities, as the law shall establish. No. 19, 1998) Paragraph 9. The remuneration of the policemen I – federal police; who are members of the agencies mentioned in this II – federal highway police; article shall be stipulated according to paragraph 4 III – federal railway police; of article 39. IV – civil polices; V – military polices and military fire brigades. TITLE VI Paragraph 1. The federal police, instituted by law as Taxation and Budget a permanent body, organized and maintained by the Union and structured into a career, are intended to: I – investigate criminal offenses against the political CHAPTER I and the social order or to the detriment of property, The National Tax System services and interests of the Union and of its autono- mous government entities and public companies, as SECTION I well as other offenses with interstate or international General Principles effects and requiring uniform repression as the law shall establish; Article 145. TheU nion, the states, the Federal District II – to prevent and repress the illegal traffic of nar- and the municipalities may institute the following cotics and like drugs, as well as smuggling, without tributes: prejudice to action by the treasury authorities and I – taxes; other government agencies in their respective areas II – fees, by virtue of the exercise of police power of competence; or for the effective or potential use of specific and III – exercise the functions of maritime, airport divisible public services, rendered to the taxpayer or and border police; made available to him; IV – to exercise, exclusively, the functions of criminal III – benefit charges, resulting from public works. police of the Union. Paragraph 1. Whenever possible, taxes shall have an Paragraph 2. The federal highway police are a perma- individual character and shall be graded according to nent body organized and maintained by the Union, the economic capacity of the taxpayer, and the tax structured into a career, and intended, according to administration may, especially to confer effectiveness the law, to patrol ostensibly the federal highways. upon such objectives, with due respect to individual Paragraph 3. The federal railway police are a perma- rights and under the terms of the law, identify the nent body organized and maintained by the Union, property, the incomes and the economic activities structured into a career, and intended, according to of the taxpayer. the law, to patrol ostensibly the federal railways. Paragraph 2. Fees may not have the assessment basis Paragraph 4. It is incumbent upon the civil police, reserved for taxes. directed by career police comissioners and except for the competence of the Union, to exercise the functions Article 146. A supplementary law shall: (CA No. of criminal police and to investigate criminal offenses, 42, 2003) with the exception of the military ones. I – provide for conflicts of competence concerning Paragraph 5. It is within the competence of the tax matters between the Union, the states, the Federal military polices the ostensive policing and the main- District and the municipalities; tenance of the public order; it is incumbent upon the II – regulate the constitutional limitations on the military fire brigades, in addition to the duties defined power to tax; by law, to carry out activities of civil defense. III – establish general rules concerning tax legislation, Paragraph 6. The military polices and military fire especially with regard to: brigades, ancillary forces and reserve of the Army, a) the definition of tributes and their types, as well are subject, together with the civil police, to the as, regarding the taxes specified in this Constitution, Governors of the states, of the Federal District and of the territories.

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the definition of the respective taxable events, as- of categories of employees or employers, as an instru- sessment bases and taxpayers; ment of its activity in the respective areas, observing b) tax liability, assessment, credit, limitation and the provisions of articles 146, III, and 150, I and III, laches; and without prejudice to the provisions of article 195, c) adequate tax treatment for the cooperative acts paragraph 6, as regards the contributions mentioned of cooperative associations. in the latter article. (CA No. 33, 2001; CA No. 41, d) the definition of a differentiated and favorable 2003; CA No. 42, 2003) tax treatment to be given to micro and small busi- Paragraph 1. The states, the Federal District, and nesses, including special or simplified tax regimes the municipalities shall institute a contribution pay- in the case of the tax set forth in article 155, II, able by their employees to fund the social security the contributions set forth in article 195, I, and scheme referred to in article 40, for the benefit of such paragraphs 12 and 13, and the contribution referred employees, and the respective rate may not be lower to in article 239. than the rate of the contribution paid by employees Sole paragraph. The supplementary law referred to holding effective posts in the Union. in item III, d, may also establish a single regime for Paragraph 2. The social contribution taxes men- the collection of taxes and contributions owed to the tioned in the head paragraph of this article, as well Union, the States, the Federal District, and the Mu- as the contribution taxes regarding intervention in nicipalities, with due regard for the following: the economic domain: I – it shall be optional for the taxpayer; I – shall not be levied on export earnings; II – different eligibility requirements may be estab- II – shall be also levied on the importation of foreign lished for each State; products or services; III – payment of said tributes shall be unified and III – may have the following rates: centralized, and the distribution of the share of funds a) ad valorem rates, having as basis the proceeds, belonging to the respective units of the Federation gross revenues, or the value of the transaction, and, shall be immediate, any withholding or establishment in the case of importation, the customs value; of conditions being forbidden; b) specific rates, having as basis the unit of meas- IV – collection, control, and claiming of payment urement adopted. may be shared by the units of the Federation, a single Paragraph 3. A natural person who is the recipient in national roster of taxpayers being adopted. an import transaction may be held as equivalent to a Article 146-A. A supplementary law may establish corporate body, under the terms of the law. special criteria for taxation, with a view to preventing Paragraph 4. The law shall establish the cases in which imbalances in competition, without prejudice to the contributions will be levied only once. power of the Federal Government to establish, by law, Article 149-A. The Municipalities and the Federal rules for the same purpose. (CA No. 42, 2003) District may establish a contribution, under the terms of their respective laws, to finance the public lighting Article 147. In a federal territory, state taxes are within service, with due regard for the provisions of article the competence of the Union and, if the territory is 150, I and III. (CA No. 39, 2002) not divided into municipalities, also municipal taxes; municipal taxes are within the competence of the Sole paragraph. The contribution mentioned in the Federal District. head paragraph of this article may be charged to the consumer’s electricity bill. Article 148. The Union may, by means of a supple- mentary law, institute compulsory loans: SECTION II I – to meet extraordinary expenses resulting from Limitations on the Power to Tax public calamity, foreign war or the imminence thereof; Article 150. Without prejudice to any other guarantees II – in the case of public investment of an urgent ensured to the taxpayers, the Union, the states, the nature and relevant national interest, observing the Federal District and the municipalities are forbidden provisions of article 150, III, b. to: (CA No. 3, 1993; CA No. 42, 2003) Sole paragraph. The use of funds deriving from a compulsory loan shall be linked to the expense that I – impose or increase a tribute without a law to justified the institution thereof. establish it; II – institute unequal treatment for taxpayers who Article 149. TheU nion shall have the exclusive com- are in an equivalent situation, it being forbidden petence to institute social contributions regarding to establish any distinction by reason of profes- intervention in the economic order and the interest

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sional occupation or function performed by them, Paragraph 5. The law shall determine measures for independently of the juridical designation of their consumers to be informed about taxes levied on incomes, titles or rights; goods and services. III – collect tributes: Paragraph 6. Any subsidy or exemption, reduc- a) for taxable events that occurred before the law tion of assessment basis, concession of presumed which instituted or increased such tributes came credit, amnesty or remission, related to taxes, fees into force; or contributions, may only be granted by means b) in the same fiscal year in which the law which in- of a specific federal, state or municipal law, which stituted or increased such tributes was published; provides exclusively for the above-enumerated mat- c) within the period of ninety days as from the ters or the corresponding tax, fee or contribution, date of publication of the law which instituted without prejudice to the provisions of article 155, or raised such tributes, with due regard for the paragraph 2, item XII, g. provision of letter b; Paragraph 7. The law may impose upon the taxpayer IV – use a tribute for the purpose of confiscation; the burden of the payment of a tax or contribution, V – establish limitations on the circulation of persons whose taxable event will occur later, the immediate or goods, by means of interstate or intermunicipal and preferential restitution of the amount paid be- tributes, except for the collection of toll fees for the ing ensured, in case the presumed taxable event does use of highways maintained by the Government; not occur. VI – institute taxes on: Article 151. It is forbidden for the Union: a) the property, income or services of one an- other; I – to institute a tribute which is not uniform b) temples of any denomination; throughout the entire national territory or which c) the property, income or services of political par- implies a distinction or preference regarding a state, ties, including their foundations, of worker unions, the Federal District or a municipality to the detri- of non-profit education and social assistance institu- ment of another, it being allowed to grant tax in- tions, observing the requirements of the law; centives for the purpose of promoting the balanced d) books, newspapers, periodicals and the paper social and economic development of the various intended for the printing thereof. regions of the country; Paragraph 1. The prohibition set forth in itemIII , b, II – to tax income from public debt bonds of the shall not apply to the taxes provided upon in articles states, of the Federal District and of the munici- 148, I, 153, I, II, IV, and V; and 154, II; and the palities, as well as the remuneration and earnings prohibition set forth in item III, c, shall not apply of the respective public agents, at levels above those to the taxes provided upon in articles 148, I, 153, I, established for its own bonds and agents; II, III, and V; and 154, II, nor to the stipulation of III – to institute exemptions from tributes within the assessment basis of the taxes provided upon in the powers of the states, of the Federal District or articles 155, III, and 156, I. of the municipalities. Paragraph 2. The prohibition set forth in item VI, Article 152. The states, the Federal District and the a, extends to the autonomous government agencies municipalities are forbidden to establish a tax difference and to the foundations instituted and maintained between goods and services of any nature, by reason by the Government, as regards the property, income of their origin or destination. and services related to their essential purposes or resulting therefrom. Paragraph 3. The prohibitions set forth in item SECTION III VI, a, and in the preceding paragraph do not apply Federal Taxes to the property, income and services related to the exploitation of economic activities governed by the Article 153. TheU nion shall have the power to insti- regulations which apply to private undertakings, or tute taxes on. (CA No. 20, 1998; CA No. 42, 2003) in which users pay consideration or prices or tariffs, I – importation of foreign products; nor exempt a promissor purchaser of real property II – exportation to other countries of national or from the obligation to pay tax thereon. nationalized products; Paragraph 4. The prohibitions set forth in item III – income and earnings of any nature; VI, subitems b and c, encompass only the property, IV – industrialized products; income and services related to the essential purposes V – credit, foreign exchange and insurance transac- of the entities mentioned therein. tions, or transactions relating to bonds or securities; VI – rural property;

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VII – large fortunes, under the terms of a sup- SECTION IV plementary law. State and Federal District Taxes Paragraph 1. The Executive Power may, observing the conditions and the limits established in law, Article 155. The states and theF ederal District shall alter the rates of the taxes enumerated in items I, have the competence to institute taxes on: (CA No. 3, II, IV and V. 1993; CA No. 33, 2001; CA No. 42, 2003) Paragraph 2. The tax established in item III: I – transfer by death and donation of any property I – shall be based on the criteria of generality, uni- or rights; versality and progressiveness, under the terms of II – transactions relating to the circulation of goods the law; and to the rendering of interstate and intermunicipal II – (revoked). transportation services and services of communica- Paragraph 3. The tax established in item IV: tion, even when such transactions and renderings I – shall be selective, based on the essentiality of begin abroad; the product; III – ownership of automotive vehicles. II – shall be non-cumulative, and the tax due in each Paragraph 1. The tax established in item I: transaction shall be compensated by the amount I – regarding real property and the respective rights, charged in previous transactions; is within the competence of the state where the III – shall not be levied on industrialized products property is located, or of the Federal District; intended for export. II – regarding bonds, titles and credits, is within the IV – shall have its impact reduced, as set forth by competence of the Federal District or of the state law, in the case of purchase of capital goods by a where the probate or enrollment is processed, or taxpayer who is liable to pay such tax. where the donor is domiciled; Paragraph 4. The tax established in item VI of the III – a suplementary law shall regulate the compe- head paragraph: tence for the institution of such tax: I – shall be progressive and its rates shall be de- a) if the donor is domiciled or residing abroad; termined in such a manner as to discourage the b) if the deceased owned property, was resident or retention of unproductive real property; domiciled or had his probate processed abroad; II – shall not be levied on small tracts of land, as IV – the Federal Senate shall establish the maximum defined in law, when a proprietor who owns no other rates for such tax. real property exploits them; Paragraph 2. The tax established in item II shall III – shall be controlled and collected by the Mu- observe the following: nicipalities which opt to do so, under the terms of I – it shall be non-cumulative, and the tax due in the law, provided that they do not reduce this tax or each transaction concerning the circulation of goods introduce any other type of fiscal waiver. or rendering of services shall be compensated by Paragraph 5. Gold, when defined in law as a financial the amount charged in the previous transactions asset or an exchange instrument, is subject exclusively by the same or by another state or by the Federal to the tax established in item V of the head paragraph District; of the present article, due on the original transac- II – exemption or non-levy, except as otherwise tion; the minimum rate shall be one per cent, and determined in the law: the transference of the amount collected is ensured a) shall not imply credit for compensation relative under the following terms: to the amount due in the subsequent transactions I – thirty per cent to the state, the Federal District or renderings of services; or the territory, depending on the origin; b) shall cause the annulment of the credit for the II – seventy per cent to the municipality of origin. previous transactions; Article 154. The Union may institute: III – it may be selective, based on the essentiality of I – by means of a supplementary law, taxes not in- the goods or services; stituted in the preceding article, provided that they IV – a resolution of the Federal Senate, on the initia- are non-cumulative and not founded on a taxable tive of the President of the Republic or of one-third event or an assessment basis reserved for the taxes of the Senators, approved by the absolute majority specified in this Constitution; of its members, shall establish the rates that apply II – in the imminence or in the event of foreign war, to interstate and export transactions and rendering extraordinary taxes, encompassed or not by its power of services; to tax, which shall be gradually suppressed when the V – the Federal Senate may: causes for their institution have ceased. a) establish minimum rates for domestic transac- tions, by means of a resolution on the initiative of

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one-third and approved by the absolute majority a product intended for industrialization or sale rep- of its members; resents a taxable event for both taxes; b) establish maximum rates for the same trans- XII – A supplementary law shall: actions to settle a specific conflict involving the a) define its taxpayers; interest of the states, by means of a resolution on b) provide for tax substitution; the initiative of the absolute majority and approved c) regulate the system of tax compensation; by two-thirds of its members; d) establish, for purposes of collection of the tax VI – unless otherwise determined by the states and and definition of the responsible establishment, the the Federal District, under the terms of the provi- location of the transactions concerning the circula- sions of item XII, g, the domestic rates for transac- tion of goods and the rendering of services; tions concerning the circulation of goods and the e) exclude from levy of the tax, in exports to other rendering of services may not be lower than those countries, services and other products other than established for interstate transactions; those mentioned in item X, a; VII – the following shall be adopted for transactions f) provide for the event of maintenance of a credit and rendering of goods and services to end-users for services and goods remitted to another state located in another state: and exported to other countries; a) the interstate rate, when it is incumbent upon g) regulate the manner in which, through delib- the recipient to pay that tax; eration by the states and the Federal District, tax b) the internal rate, when it is not incumbent upon exemptions, incentives and benefits shall be granted the recipient to pay that tax; and revoked. VIII – in the case of subitem a of the preceding item, h) define the fuels and lubricants on which this the tax corresponding to the difference between the tax shall be levied only once, regardless of its pur- internal and the interstate rate shall be attributed to pose, in which case the provision of item X, b the state where the recipient is located; shall not apply; IX – it shall also be levied: i) stipulate the assessment basis so as to include the a) on the entry of goods or products imported from amount of the tax, also in the event of importation abroad by an individual or corporate body, even in of goods, products, or services from abroad. the case of a taxpayer who does not pay such tax Paragraph 3. With the exception of the taxes men- on a regular basis, regardless of its purpose, as well tioned in item II of the head paragraph of the present as on services rendered abroad, and the tax shall article, and article 153, I and II, no other tax may be attributed to the state where the domicile or be levied on transactions concerning electric energy, the establishment of the recipient of the product, telecommunications services, petroleum products, good, or service is located; fuels, and minerals of the country. b) on the total value of the transaction, when goods Paragraph 4. In the event of item XII, h, the fol- are supplied with services not included in the power lowing shall apply: to tax of the municipalities; I – in transactions involving lubricants and petro- X – it shall not be levied: leum-derived fuels, the tax shall be attributed to the a) on transactions involving goods to be shipped state where consumption takes place; abroad, nor on services to be delivered to parties II – in interstate transactions among taxpayers involv- abroad, and tax charges and credits in preceding ing natural gas and its by-products, and lubricants transactions involving such goods or services shall and fuels not included in item I of this paragraph, the continue in effect; tax shall be shared by the state of origin and the state b) on transactions transferring petroleum, including of destination, and the proportion existing in transac- lubricants, liquid and gaseous fuels derived there- tions involving other goods shall be observed; from, and electric energy to other states; III – in interstate transactions involving natural gas c) on gold, in the cases defined in article 153, and its by-products, and lubricants and fuels not paragraph 5; included in item I of this paragraph, when it is not d) on communications services in the modes of incumbent upon the recipient to pay the tax, such sound broadcasting and sound and image broad- tax shall be attributed to the state of origin; casting which are available for reception by the IV – the tax rates shall be defined by joint deci- public free of charge; sion of states and the Federal District, under the XI – its assessment basis shall not include the amount terms of paragraph 2, XII, g, with due regard for of the tax on industrialized products when the trans- the following: action carried out between taxpayers and concerning

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a) they shall be uniform throughout the nation- II – is within the competence of the municipality al territory, and they may be different for each where the property is located. product; Paragraph 3. As regards the tax established in item b) they may be specific, according to the unit of III of the head paragraph of this article, a supple- measurement adopted, or ad valorem, levied on mentary law shall: the value of the transaction or on the price the I – establish its maximum and minimum rates; product or a similar product would be sold for in II – exclude exportations of services to other coun- free competition circumstances; tries from levy of the said tax. c) they may be lowered and restored to their original III – regulate the manner and conditions for the levels, and the provision of article 150, III, b shall granting and revocation of fiscal exemptions, incen- not apply thereto. tives, and benefits. Paragraph 5. The rules for the enforcement of the Paragraph 4. (Revoked). provisions of paragraph 4, including those concern- ing the collection and assignment of the tax, shall be SECTION VI established by joint decision of states and the Federal Tax Revenue Sharing District, under the terms of paragraph 2, XII, g. Paragraph 6. The tax established in item III: Article 157. The following shall be assigned to the I – shall have its minimum rates stipulated by the states and to the Federal District: Federal Senate; II – may have different rates according to type and I – the proceeds from the collection of the federal utilization. tax on income and earnings of any nature, levied at source on income paid on any account by them, by their autonomous government entities and by the SECTION V foundations they institute and maintain; Municipal Taxes II – twenty per cent of the proceeds from the collection of the tax that the Union may institute in the exercise Article 156. The municipalities shall have the com- of the powers conferred on it by article 154, I. petence to institute taxes on: (CA No. 3, 1993; CA Article 158. No. 29, 2000; CA No. 37, 2002) The following shall be assigned to the municipalities: (CA No. 42, 2003) I – urban buildings and urban land property; II – inter vivos transfer, on any account, by onerous I – the proceeds from the collection of the federal acts, of real property, by nature or physical acces- tax on income and earnings of any nature, levied at sion, and of real rights to property, except for real source on income paid on any account by them, by security, as well as the assignment of rights to the their autonomous government entities and by the purchase thereof; foundations they institute and maintain; III – services of any nature not included in article II – fifty per cent of the proceeds from the collec- 155, II, as defined in a supplementary law. tion of the federal tax on rural property, concerning IV – (Revoked). real property located in the municipalities, or one Paragraph 1. Without prejudice to the progressive- hundred per cent of such proceeds in the case of the ness in time mentioned in article 182, paragraph 4, option referred to in article 153, paragraph 4, III; item II, the tax referred to in item I may: III – fifty per cent of the proceeds from the collec- I – be progressive according to the value of the tion of the state tax on the ownership of automotive property; and vehicles licensed in the municipalities; II – have different rates according to the location IV – twenty-five per cent of the proceeds from the and utilization of the property. collection of the state tax on transactions regarding Paragraph 2. The tax set forth in item II: the circulation of goods and on rendering of inter- I – shall not be levied on the transfer of goods or state and intermunicipal transportation services and rights incorporated into the assets of a corporate body services of communication. Sole paragraph. to pay up its capital, nor on the transfer of goods The revenue portions assigned to or rights resulting from the merger, incorporation, the municipalities, as mentioned in item IV, shall be division or dissolution of corporate bodies, unless, in credited in accordance with the following criteria: such cases, the predominant activity of the purchaser I – at least three-fourths, in proportion to the value is the purchase and sale of such goods or rights, the added in the transactions regarding the circulation lease of real property or leasing; of goods and the rendering of services carried out in the territory of the municipalities;

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II – up to one-quarter, in accordance with the provi- Paragraph 4. Twenty-five per cent of the amount of sions of a state law or, in the case of the territories, monies referred to in item III and allocated to each of a federal law. State shall be assigned to its Municipalities, in accord- ance with the law referred to in said item. Article 159. TheU nion shall remit: (CA No. 42, 2003; CA No. 44, 2004; CA No. 55, 2007) Article 160. It is forbidden to withhold or to make I – of the proceeds from the collection of the tax any restriction to the remittance and use of the funds on income and earnings of any nature and of the assigned in this section to the states, to the Federal tax on industrialized products, forty-eight per cent District and to the municipalities, including any tax as follows: additions and increases. (CA No. 29, 2000) a) twenty-one and a half of one per cent to the Sole paragraph. The prohibition mentioned in the Revenue Sharing Fund of the States and of the present article does not prevent the Union and the Federal District; states from remitting the funds on condition of: b) twenty-two and a half of one per cent to the I – payment of their credits, including those of the Revenue Sharing Fund of the Municipalities; associate government agencies; c) three per cent, for application in programs to fi- II – compliance with the provisions of article 198, nance the productive sector of the North, Northeast paragraph 2, items II and III. and Centre-West Regions, through their regional Article 161. A supplementary law shall: financial institutions, in accordance with regional development plans, the semi-arid area of the North- I – define the added value for the purposes provided east being ensured of half of the funds intended for by article 158, sole paragraph, I; that Region, as provided by law; II – establish rules for the remittance of the funds d) one per cent to the Revenue Sharing Fund of the referred to in article 159, especially the criteria for Municipalities, to be remitted within the first ten the sharing of the funds set forth in its item I, seek- days of the month of December of each year; ing to promote social and economic balance among II – of the proceeds from the collection of the tax states and among municipalities; on industrialized products, ten per cent to the states III – provide for the monitoring, by the beneficiar- and to the Federal District, in proportion to the ies, of the calculation of the quotas and release of value of the respective exportations of industrial- the participations set forth in articles 157, 158 ized products. and 159. Sole paragraph. III – of the proceeds from the collection of the con- The Federal Audit Court shall cal- tribution for intervention in the economic domain culate the quotas referring to the participation funds set forth in article 177, paragraph 4, twenty-nine mentioned in item II. per cent to the States and to the Federal District, Article 162. The Union, the states, the Federal Dis- distributed in accordance with the law, with due trict and the municipalities shall announce, on or regard for the allocation referred to in item II, c, before the last day of the month following that of of said paragraph. collection, the amounts of each of the tributes col- Paragraph 1. For purposes of calculating the amount lected, the funds received, the tax sums remitted and to be remitted in accordance with the provisions in to be remitted and the numerical expression of the item I, the portion of the collected tax on income apportionment criteria. and earnings of any nature assigned to the states, to Sole paragraph. The data announced by the Union the Federal District and to the municipalities shall be shall be discriminated by state and by municipality; excluded, as provided by articles 157, I, and 158, I. those of the states, by municipality. Paragraph 2. No federated unit may be allocated a portion in excess of twenty per cent of the amount referred to in item II, and any excess shall be distrib- CHAPTER II uted among the other participants, maintaining, for Public Finances the latter, the apportionment criterion established therein. SECTION I Paragraph 3. The states shall remit twenty-five per General Rules cent of the funds they may receive as provided by item II to the respective municipalities, observing Article 163. A supplementary law shall make provi- the criteria established in article 158, sole paragraph, sions for: (CA No. 40, 2002) I and II. I – public finances;

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II – foreign and domestic public debt, including the investment policy for the official development the debt of the autonomous government agencies, financing agencies. foundations and other entities controlled by the Paragraph 3. The Executive Power shall, within Government; thirty days after the closing of each two-month pe- III – granting of guarantees by government entities; riod, publish a summarized report on budget im- IV – issuance and redemption of public debt plementation. bonds; Paragraph 4. The national, regional and sectorial plans V – financial supervision of governmental entities and programmes set forth in this Constitution shall be and entities owned by the Federal Government; drawn up in compliance with the pluriannual plan and VI – foreign exchange transactions carried out by shall be examined by the National Congress. bodies and agencies of the Union, of the states, of Paragraph 5. The annual budget law shall include: the Federal District and of the municipalities; I – the fiscal budget regarding the Powers of the VII – compatibility of the functions of the official Union, their funds, bodies and entities of the direct credit institutions of the Union, safeguarding all and indirect administration, including foundations the characteristics and full operational conditions of instituted and maintained by the Government; those intended for regional development. II – the investment budget of companies in which the Union directly or indirectly holds the majority Article 164. The competence of the Union to issue of the voting capital; currency shall be exercised exclusively by the central III – the social welfare budget, comprising all di- bank. rect and indirect administration entities or bod- Paragraph 1. It is forbidden for the central bank ies connected with social security, as well as funds to grant, either directly or indirectly, loans to the and foundations instituted and maintained by the National Treasury and to any body or agency which Government. is not a financial institution. Paragraph 6. The budget bill shall be accompanied Paragraph 2. The central bank may purchase and sell by a regionalized statement on the effect on revenues bonds issued by the National Treasury, for the purpose and expenses, deriving from exemptions, amnes- of regulating the money supply or the interest rate. ties, remissions, subsidies and benefits of a financial, Paragraph 3. The cash assets of the Union shall be tributary and credit nature. deposited at the central bank; those of the states, Paragraph 7. The functions of the budgets set forth in of the Federal District, of the municipalities and of paragraph 5, I and II, of the present article, compatible the bodies or agencies of the Government and of the with the pluriannual plan, shall include the function companies controlled by the same, at official financial of reducing interregional inequalities, according to institutions, excepting the cases established in law. populational criteria. Paragraph 8. The annual budget law shall not contain SECTION II any provision extraneous to a forecast of revenues and Budgets to the establishment of expenses, such prohibition not including authorization to open supplementary Article 165. Laws of the initiative of the Executive credits and to contract credit transactions, even if by Power shall establish: advance of revenues, under the terms of the law. I – the pluriannual plan; Paragraph 9. A supplementary law shall: II – the budgetary directives; I – make provisions for the fiscal year, effectiveness, III – the annual budgets. terms, drawing up and organization of the plurian- Paragraph 1. The law which institutes the plurian- nual plan, of the law of budgetary directives and of nual plan shall establish, on a regional basis, the the annual budget law; directives, objectives and targets of the federal public II – establish rules for the financial and property administration for the capital expenditures and other management of the direct and indirect administra- expenses resulting therefrom and for those regarding tion, as well as conditions for the institution and continuous programmes. operation of funds. Paragraph 2. The law of budgetary directives shall Article 166. The bills regarding the pluriannual plan, comprise the targets and priorities of the federal public the budgetary directives, the annual budget and the administration, including the capital expenditures for additional credits shall be examined by the two Houses the subsequent fiscal year, shall guide the drawing of the National Congress, in accordance with their up of the annual budget law, shall make provisions common regulations. for alterations in tax legislation and shall establish

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Paragraph 1. It is incumbent upon a permanent joint or supplementary credits, with prior and specific committee of Senators and Deputies to: legislative authorization. I – examine and issue its opinion on the bills referred Article 167. The following are forbidden: (CA No. to in the present article and on the accounts submit- 3, 1993; CA No. 19, 1998; CA No. 20, 1998; CA ted annually by the President of the Republic; No. 42, 2003) II – examine and issue its opinion on the national, regional and sectorial plans and programmes estab- I – to begin programmes or projects not included lished in this Constitution, and exercise budgetary in the annual budget law; monitoring and supervision, without affecting the II – to incur expenses or to assume direct obligations operation of the other committees of the National which exceed the budgetary or additional credits; Congress and of its Houses, created in accordance III – to carry out credit transactions, which exceed with article 58. the amount of capital expenses, excepting those Paragraph 2. Amendments shall be submitted to the authorized by means of supplementary or special joint committee, which shall report on them, and credits with a specific purpose and approved by an shall be examined, in accordance with the regula- absolute majority of the Legislative Power; tions, by the Plenary Session of the two Houses of IV – to bind tax revenues to an agency, fund or ex- the National Congress. pense, excepting the sharing of the proceeds from the Paragraph 3. Amendments to the bill of the annual collection of the taxes referred to in articles 158 and budget or to the bills which modify it may only be 159, the allocation of funds for public health actions approved if: and services, for the maintenance and development I – they are compatible with the pluriannual plan of education, and for the implementation of tax ad- and with the law of budgetary directives; ministration activities, as determined, respectively, in II – they specify the necessary funds, allowing only article 198, paragraph 2, article 212, and article 37, those resulting from the annulment of expenses, and item XXII, and the granting of guarantees on credit excluding those which apply to: transactions by advance of revenues, as established a) allocations for personnel and their charges; in article 165, paragraph 8, as well as in paragraph b) debt servicing; 4 of the present article; c) constitutional tax transfers to the states, the V – to open a supplementary or special credit without municipalities and the Federal District; or prior legislative authorization and without specifica- III – they are related: tion of the corresponding funds; a) to the correction of errors or omissions; or VI – to reassign, reallocate or transfer funds from one b) to the provisions of the text of the bill of law. programming category to another or from one agency Paragraph 4. Amendments to the bill of budgetary to another without prior legislative authorization; directives may not be approved if they are incompat- VII – to grant or use unlimited credits; ible with the pluriannual plan. VIII – to use, without specific legislative authori- Paragraph 5. The President of the Republic may zation, funds from the fiscal and social security send a message to the National Congress to propose budgets to supply a necessity or to cover a deficit of modifications in the bills referred to in the present companies, foundations and funds, including those article as long as the joint committee has not started mentioned in article 165, paragraph 5; to vote on the part for which an alteration is being IX – to institute funds of any nature without prior proposed. legislative authorization. Paragraph 6. The bills of the pluriannual plan law, X – to transfer funds voluntarily and to grant loans, of the law of budgetary directives and of the annual including by means of advancement of revenues, by budget law shall be forwarded by the President of the Federal Government, the Government of the the Republic to the National Congress, under the States and their financial institutions, for the pay- terms of the supplementary law referred to in article ment of expenditures related to active and retired 165, paragraph 9. personnel and pensioners, of the States, the Federal Paragraph 7. The other rules regarding legislative District, and the Municipalities. procedure shall apply to the bills mentioned in this XI – to use the funds arising from the welfare con- a article, as long as they are not contrary to the provi- tributions set forth in article 195, I, , and II, to sions of this section. defray expenses other than the payment of benefits Paragraph 8. Any funds which, as a result of a veto, of the general social security scheme referred to in amendment or rejection of the bill of the annual article 201. Paragraph 1. budget law, have no corresponding expenses, may No investment whose execution ex- be allocated, as the case may be, by means of special ceeds one fiscal year may be implemented without

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prior inclusion in the pluriannual plan, or without Paragraph 3. To comply with the limits established a law to authorize such inclusion, subject to crime according to this article, within the time period of malversation. stipulated in the supplementary law referred to in the Paragraph 2. Special and extraordinary credits shall head paragraph, the Union, the States, the Federal be effective in the fiscal year in which they are author- District, and the Municipalities shall adopt the fol- ized, unless the authorization act is enacted during lowing measures: the last four months of that fiscal year, in which case, I – reduction of at least twenty percent of the ex- reopened within the limits of their balances, such penditures on commission offices and positions credits shall be incorporated into the budget of the of trust; subsequent fiscal year. II – discharge of untenured servants. Paragraph 3. The opening of extraordinary credit Paragraph 4. If the measures adopted according to may only be allowed to meet unforeseeable and urgent the preceding paragraph are not sufficient to guarantee expenses, such as those resulting from war, internal compliance with the provision of the supplementary commotion or public calamity, observing the provi- law referred to in this article, tenured servants may sions in article 62. be dismissed, provided that a regulatory act justified Paragraph 4. It is permitted to bind proper revenues by each of the Branches specifies the activity, the generated by the taxes referred to in articles 155 agency, or the administrative unit where reduction and 156, and the funds mentioned in articles 157, of personnel must be carried out. 158 and 159, I, a and b, and II, to the granting of a Paragraph 5. A servant who is dismissed according guarantee or a counterguarantee to the Union, and to the preceding paragraph shall be entitled to com- to the payment of debits owed to the same. pensation equivalent to one month of remuneration per year of service. Article 168. Funds corresponding to budgetary allo- Paragraph 6. The post affected by the reduction cations, including supplementary and special credits, mentioned in the preceding paragraphs shall be con- intended for the bodies of the Legislative and Judicial sidered extinct, and the creation of a post, position, Powers, the Public Prosecution, and the Public Legal or function with equal or similar duties shall be Defense, shall be remitted to them on or before the forbidden for the period of four years. twentieth of each month, in twelfths, as provided Paragraph 7. A federal act shall provide for the by the supplementary law referred to in article 165, general rules to be complied with in carrying out paragraph 9. (CA No. 45, 2004) the provision of paragraph 4. Article 169. Expenditures on active and retired person- nel of the Union, the states, the Federal District and TITLE VII the municipalities may not exceed the limits established The Economic and Financial Order in a supplementary law. (CA No. 19, 1998) Paragraph 1. The granting of any advantage or in- crease of remuneration, the creation of posts, positions CHAPTER I or functions, or alteration of career structures, as The General Principles of the Economic Activity well as admission or hiring of personnel, on any ac- count, by Government bodies and entities, or entities Article 170. The economic order, founded on the owned by the Government, including foundations appreciation of the value of human work and on free instituted and maintained by the Government, may enterprise, is intended to ensure everyone a life with only be effected: dignity, in accordance with the dictates of social justice, I – if there is a prior budgetary allocation sufficient with due regard for the following principles: (CA No. to cover the estimated expenditure with personnel 6, 1995; CA No. 42, 2003) and the increases resulting therefrom; I – national sovereignty; II – if there is specific authorization in the law of II – private property; budgetary directives, with the exception of govern- III – the social function of property; ment enterprises and joint stock companies. IV – free competition; Paragraph 2. Once finished the time limit estab- V – consumer protection; lished in the supplementary law referred to in this VI – environment protection, which may include article for the adaptation to the standards therein differentiated treatment in accordance with the envi- stipulated, all remittances of federal or state funds ronmental impact of goods and services and of their shall be immediately suspended to the States, the respective production and delivery processes; Federal District, and the Municipalities which do VII – reduction of regional and social differences; not obey the said limits. VIII – pursuit of full employment;

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IX – preferential treatment for small enterprises Article 174. As the normative and regulating agent of organized under Brazilian laws and having their the economic activity, the State shall, in the manner head-office and management in Brazil. set forth by law, perform the functions of control, Sole paragraph. Free exercise of any economic activ- incentive and planning, the latter being binding for the ity is ensured to everyone, regardless of authorization public sector and indicative for the private sector. from government agencies, except in the cases set Paragraph 1. The law shall establish the guidelines forth by law. and bases for planning of the balanced national de- Article 171. (Revoked). (CA No. 6, 1995) velopment, which shall embody and make compatible the national and regional development plans. Article 172. The law shall regulate, based on national Paragraph 2. The law shall support and encourage interests, the foreign capital investments, shall encour- cooperative activity and other forms of association. age reinvestments and shall regulate the remittance Paragraph 3. The State shall favour the organiza- of profits. tion of the placer-mining activity in cooperatives, taking into account the protection of the environ- Article 173. With the exception of the cases set forth ment and the social-economic furthering of the in this Constitution, the direct exploitation of an placer-miners. economic activity by the State shall only be allowed Paragraph 4. The cooperatives referred to in the whenever needed to the imperative necessities of the preceding paragraph shall have priority in obtaining national security or to a relevant collective interest, authorization or grant for prospecting and mining of as defined by law. (CA No. 19, 1998) placer resources and deposits in the areas where they Paragraph 1. The law shall establish the legal system are operating and in those established in accordance of public companies, joint-stock companies and their with article 21, XXV, as set forth by law. subsidiary companies engaged in economic activities connected with the production or trading of goods, or Article 175. It is incumbent upon the Government, with the rendering of services, providing upon: as set forth by law, to provide public utility services, I – their social function and the forms of control by either directly or by concession or permission, which the State and by society; will always be through public bidding. II – compliance with the specific legal system govern- Sole paragraph. The law shall provide for: ing private companies, including civil, commercial, I – the operating rules for the public service conces- labour, and tax rights and liabilities; sion- or permission-holding companies, the special III – bidding and contracting of works, services, nature of their contract and of the extension thereof, purchases, and disposal, with due regard for the as well as the conditions of forfeiture, control and principles of government services; termination of the concession or permission; IV – the establishment and operation of boards II – the rights of the users; of directors and of boards of supervisors, with the III – tariff policy; participation of minority shareholders; IV – the obligation of maintaining adequate V – the terms of office, the performance appraisals, service. and the liability of administrators. Article 176. Mineral deposits, under exploitation or Paragraph 2. The public companies and the mixed- not, and other mineral resources and the hydraulic capital companies may not enjoy fiscal privileges energy potentials form, for the purpose of exploita- which are not extended to companies of the private tion or use, a property separate from that of the soil sector. and belong to the Union, the concessionaire being Paragraph 3. The law shall regulate the relationships guaranteed the ownership of the mined product. of public companies with the State and society. (CA No. 6, 1995) Paragraph 4. The law shall repress the abuse of Paragraph 1. The prospecting and mining of mineral economic power that aims at the domination of resources and the utilization of the potentials men- markets, the elimination of competition and the tioned in the head paragraph of this article may only arbitrary increase of profits. take place with authorization or concession by the Paragraph 5. The law shall, without prejudice to the Union, in the national interest, by Brazilians or by a individual liability of the managing officers of a legal company organized under Brazilian laws and having entity, establish the liability of the latter, subjecting it its head-office and management inB razil, in the man- to punishments compatible with its nature, for acts ner set forth by law, which law shall establish specific performed against the economic and financial order conditions when such activities are to be conducted and against the citizens’ monies. in the boundary zone or on Indian lands.

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Paragraph 2. The owner of the soil is ensured of ucts, and fuel alcohol shall include the following participation in the results of the mining operation, in requirements: the manner and amount as the law shall establish. I – the contribution rate may be: Paragraph 3. Authorization for prospecting shall a) different for each product or use; always be for a set period of time and the authorization b) lowered and restored to its original level by an and concession set forth in this article may not be as- act of the Executive Branch, and the provision of signed or transferred, either in full or in part, without Article 150, III, b, shall not apply thereto; the prior consent of the conceding authority. II – the proceeds from the collection of the contribu- Paragraph 4. Exploitation of a renewable energy tion shall be allocated: potential of small capacity shall not require an au- a) to the payment of price or transportation subsi- thorization or concession. dies for fuel alcohol, natural gas and its by-products, and petroleum products; Article 177. The following are the monopoly of the b) to the financing of environmental projects related Union: (CA No. 9, 1995; CA No. 33, 2001; CA to the petroleum and gas industry; No. 49, 2006) c) to the financing of transportation infrastructure I – prospecting and exploitation of deposits of programs. petroleum and natural gas and of other fluid hy- drocarbons; Article 178. The law shall provide for the regulation II – refining of domestic or foreign petroleum; of air, water and ground transportation, and it shall, III – import and export of the products and basic in respect to the regulation of international transporta- by-products resulting from the activities set forth tion, comply with the agreements entered into by the in the preceding items; Union, with due regard to the principle of reciprocity. IV – ocean transportation of crude petroleum of (CA No. 7, 1995) domestic origin or of basic petroleum by-products Sole paragraph. In regulating water transportation, produced in the country, as well as pipeline trans- the law shall set forth the conditions in which the portation of crude petroleum, its by-products and transportation of goods in coastal and internal naviga- natural gas of any origin; tion will be permitted to foreign vessels. V – prospecting, mining, enrichment, reprocessing, Article 179. TheU nion, the states, the Federal District industrialization, and trading of nuclear mineral and the municipalities shall afford micro-enterprises ores and minerals and their by-products, with the and small enterprises, as defined by law, differentiated exception of radioisotopes whose production, sale, legal treatment, seeking to further them through and use may be authorized under a permission, simplification of their administration, tax, social se- in accordance with letters b and c of item XXIII curity and credit obligations or through elimination of the head paragraph of article 21 of this Federal or reduction thereof by means of law. Constitution. Paragraph 1. The Union may contract with state- Article 180. TheU nion, the states, the Federal District owned or with private enterprises for the execution and the municipalities shall promote and further tour- of the activities provided for in items I through IV ism as a factor of social and economic development. of this article, with due regard for the conditions Article 181. set forth by law. Compliance with request for a document Paragraph 2. The law referred to in paragraph 1 or for information of commercial nature, made by shall provide for: a foreign administrative or judicial authority to an I – a guarantee of supply of petroleum products in individual or legal entity residing or domiciled in the whole national territory; the country shall depend upon authorization from II – the conditions of contracting; the competent authority. III – the structure and duties of the regulatory agency of the monopoly of the Union. CHAPTER II Paragraph 3. The law shall provide with respect to Urban Policy the transportation and use of radioactive materials within the national territory. Article 182. The urban development policy carried Paragraph 4. The law which institutes a contribution out by the municipal government, according to general tax of intervention in the economic domain regarding guidelines set forth in the law, is aimed at ordaining activities of importation or sale of petroleum and the full development of the social functions of the city petroleum products, natural gas and its by-prod- and ensuring the well-being of its inhabitants.

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Paragraph 1. The master plan, approved by the City Paragraph 2. The decree declaring the property as Council, which is compulsory for cities of over twenty being of social interest for agrarian reform purposes thousand inhabitants, is the basic tool of the urban empowers the Union to start expropriation action. development and expansion policy. Paragraph 3. It is incumbent upon a supplementary Paragraph 2. Urban property performs its social law to establish special summary adversary proceeding function when it meets the fundamental require- for expropriation action. ments for the ordainment of the city as set forth in Paragraph 4. The budget shall determine each year the master plan. the total volume of agrarian debt bonds, as well as Paragraph 3. Expropriation of urban property shall be the total amount of funds to meet the agrarian reform made against prior and fair compensation in cash. programme in the fiscal year. Paragraph 4. The municipal government may, by Paragraph 5. The transactions of transfer of property means of a specific law, for an area included in the expropriated for agrarian reform purposes are exempt master plan, demand, according to federal law, that from federal, state and municipal taxes. the owner of unbuilt, underused or unused urban Article 185. Expropriation of the following for agrar- soil provide for adequate use thereof, subject, suces- ian reform purposes is not permitted: sively, to: I – compulsory parceling or construction; I – small and medium-size rural property, as de- II – rates of urban property and land tax that are fined by law, provided its owner does not own other progressive in time; property; III – expropriation with payment in public debt II – productive property. Sole paragraph. bonds issued with the prior approval of the Federal The law shall guarantee special treat- Senate, redeemable within up to ten years, in equal ment for the productive property and shall establish and successive annual installments, ensuring the real rules for the fulfillment of the requirements regarding value of the compensation and the legal interest. its social function. Article 186. Article 183. An individual who possesses an urban The social function is met when the rural area of up to two hundred and fifty square meters, for property complies simultaneously with, according five years, without interruption or opposition, using to the criteria and standards prescribed by law, the it as his or as his family’s home, shall acquire domain following requirements: of it, provided that he does not own any other urban I – rational and adequate use; or rural property. II – adequate use of available natural resources and Paragraph 1. The deed of domain and concession of preservation of the environment; use shall be granted to the man or woman, or both, III – compliance with the provisions that regulate regardless of their marital status. labour relations; Paragraph 2. This right shall not be recognized for IV – exploitation that favours the well-being of the the same holder more than once. owners and labourers. Paragraph 3. Public real estate shall not be acquired Article 187. The agricultural policy shall be planned by prescription. and carried out as established by law, with the effective participation of the production sector, comprising CHAPTER III producers and rural workers, as well as the market- Agricultural and Land Policy and ing, storage and transportation sectors, with especial Agrarian Reform consideration for: I – the credit and fiscal mechanisms; Article 184. It is within the power of the Union to II – prices compatible with production costs and expropriate on account of social interest, for purposes the guarantee of marketing; of agrarian reform, the rural property which is not III – research and technology incentives; performing its social function, against prior and fair IV – technical assistance and rural extension; compensation in agrarian debt bonds with a clause V – agricultural insurance; providing for maintenance of the real value, redeem- VI – cooperative activity; able within a period of up to twenty years computed VII – rural electricity and irrigation systems; as from the second year of issue, and the use of which VIII – housing for the rural workers. shall be defined in the law. Paragraph 1. Agricultural planning includes agroin- dustrial, stock raising, fishing and forestry activities. Paragraph 1. Useful and necessary improvements Paragraph 2. Agricultural policy and agrarian reform shall be compensated in cash. actions shall be made compatible.

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Article 188. The destination given to public and unoc- VI – (Revoked). cupied lands shall be made compatible with the agricul- VII – (Revoked). tural policy and the national agrarian reform plan. VIII – (Revoked). Paragraph 1. The alienation or concession in any way Paragraph 1. (Revoked). of public lands with an area of more than two thou- Paragraph 2. (Revoked). sand and five hundred hectares to an individual or legal Paragraph 3. (Revoked). entity, even if through an intermediary, shall depend on the prior approval of the National Congress. TITLE VIII Paragraph 2. Alienations or concessions of public The Social Order lands for agrarian reform purposes are excluded from the provisions of the preceding paragraph. CHAPTER I Article 189. The beneficiaries of distribution of rural General Provision land through agrarian reform shall receive title-deeds or concession of use which may not be transacted for Article 193. The social order is based on the primacy a period of ten years. of work and aimed at social well-being and justice. Sole paragraph. The title-deed and the concession of use shall be granted to the man or the woman, or to both, irrespective of their marital status, according to CHAPTER II the terms and conditions set forth by law. Social Welfare Article 190. The law shall regulate and limit the acquisition or lease of rural property by a foreign SECTION I individual or legal entity, and shall establish the cases General Provisions that shall depend on authorization by the National Congress. Article 194. Social welfare comprises an integrated whole of actions initiated by the Government and Article 191. The individual who, not being the owner by society, with the purpose of ensuring the rights of rural or urban property, holds as his own, for five to health, social security and assistance. (CA No. uninterrupted years, without opposition, an area of 20, 1998) land in the rural zone, not exceeding fifty hectares, Sole paragraph. It is incumbent upon the Govern- making it productive with his labour or that of his ment, as provided by law, to organize social welfare, family, and having his dwelling thereon, shall acquire based on the following objectives: ownership of the land. I – universality of coverage and service; Sole paragraph. The public real estate shall not be II – uniformity and equivalence of benefits and acquired by prescription. services for urban and rural populations; III – selectivity and distributiveness in the provision CHAPTER IV of benefits and services; The National Financial System IV – irreducibility of the value of the benefits; V – equitable participation in funding; Article 192. The national financial system, structured VI – diversity of the financing basis; to promote the balanced development of the coun- VII – democratic and decentralized character of try and to serve the collective interests, in all of the administration, by means of a quadripartite manage- component elements of the system, including credit ment, with the participation of workers, employ- cooperatives, shall be regulated by supplementary ers, retirees, and the Government in the collegiate laws which shall also provide for the participation of bodies. foreign capital in the institutions that make up the Article 195. Social welfare shall be financed by all of said system. (CA No. 40, 2002) society, either directly or indirectly, as provided by law, I – (Revoked). with funds coming from the budgets of the Union, the II – (Revoked). states, the Federal District and the municipalities and III – (Revoked). from the following welfare contributions: (CA No. 20, a) (Revoked). de 1998; CA No. 42, de 2003; CA No. 47, de 2005) b) (Revoked). I – of employers, companies, and entities defined by IV – (Revoked). law as being comparable to companies, assessed on: V – (Revoked).

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a) the payroll and other labour earnings paid or the size of the company, or the structural situation credited, on any account, to individuals who render of the labour market. services to them, even when there is no employ- Paragraph 10. The law shall define the criteria for the ment bond; transfer of funds allocated to the unified health system b) income or revenues; and for social assistance initiatives, from the Union to c) profits; the States, the Federal District, and the Municipalities, II – of workers and other persons insured by social and from the States to the Municipalities, with due security, no contribution being assessed on retirement regard for the respective transfer of funds. pensions and other pensions granted by the general Paragraph 11. It is forbidden to grant remission or social security scheme referred to in article 201; pardon of the welfare contributions referred to in itens III – on the revenues of lotteries. I, a, and II of this article, for debits which exceed the IV – of importers of goods or services from other limit stipulated by a supplementary law. countries, or of other parties defined by law as being Paragraph 12. The law shall define the sectors of comparable to such importers. economic activity for which the contributions stipu- Paragraph 1. The revenues of the states, theF ederal lated under the terms of items I, b; and IV of the District and the municipalities alloted to social welfare head paragraph, shall be non-cumulative. shall be included in the respective budgets, not being Paragraph 13. The provision of paragraph 12 shall part of the budget of the Union. also apply in the case of gradual replacement, either Paragraph 2. The proposal for the social welfare total ou partial, of the contribution stipulated under budget shall be drawn up jointly by the agencies the terms of item I, a, by the contribution due on responsible for health, social security and social as- income or revenues. sistance, in accordance with the goals and priorities established in the law of budgetary directives, ensuring SECTION II each area of the management of its funds. Health Paragraph 3. A legal entity indebted to the social welfare system, as established in law, may not contract Article 196. Health is a right of all and a duty of the with the Government nor receive benefits or fiscal or State and shall be guaranteed by means of social and credit incentives therefrom. economic policies aimed at reducing the risk of illness Paragraph 4. The law may institute other sources and other hazards and at the universal and equal access intended to guarantee the maintenance or expansion to actions and services for its promotion, protection of social welfare, with due regard to the provisions and recovery. of article 154, I. Paragraph 5. No social welfare benefit or service Article 197. Health actions and services are of public may be created, increased or extended without a importance, and it is incumbent upon the Govern- corresponding source of full funding. ment to provide, in accordance with the law, for their Paragraph 6. The social contributions referred to regulation, supervision and control, and they shall in this article may only be collected ninety days be carried out directly or by third parties and also by after the publication of the law which instituted or individuals or private legal entities. modified them, the provisions of article 150, III, b, not applying thereto. Article 198. Health actions and public services in- Paragraph 7. Benevolent entities of social assistance tegrate a regionalized and hierarchical network and which meet the requirements established in law shall constitute a single system, organized according to be exempt from contribution to social welfare. the following directives: (CA No. 29, 2000; CA No. Paragraph 8. Rural producers, sharecroppers, tenant 51, 2006) farmers, and self-employed fishermen, as well as their I – decentralization, with a single management in spouses, who exercise their activities within a house- each sphere of government; hold system and without permanent employees shall II – full service, priority being given to preventive contribute to social welfare by applying a rate to the activities, without prejudice to assistance services; proceeds from the sale of their production and shall III – participation of the community. be entitled to the benefits provided by law. Paragraph 1. The unified health system shall be Paragraph 9. The welfare contributions set forth in financed, as set forth in article 195, with funds from item I of the head paragraph of this article may have the social welfare budget of the Union, the states, differentiated rates or assessment bases, according to the Federal District and the municipalities, as well the economic activity, the intensive use of labour, as from other sources.

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Paragraph 2. The Union, the States, the Federal Paragraph 1. Private institutions may participate in a District, and the Municipalities shall apply each year, supplementary manner in the unified health system, to health actions and public services, a minimum in accordance with the directives established by the amount of funds derived from the application of latter, by means of public law contracts or agree- percentages calculated upon the following: ments, preference being given to philanthropic and I – in the case of the Union, in the manner defined non-profit entities. under the terms of the supplementary law provided Paragraph 2. The allocation of public funds to aid for in paragraph 3; or subsidize profit-oriented private institutions is II – in the case of the States and of the Federal forbidden. District, the proceeds from the collection of the Paragraph 3. Direct or indirect participation of taxes mentioned in article 155 and of the funds foreign companies or capital in health assistance in mentioned in articles 157 and 159, item I, subitem the country is forbidden, except in cases provided a, and item II, after deducting the portions remitted by law. to the respective Municipalities; Paragraph 4. The law shall provide for the conditions III – in the case of the Municipalities and of the and requirements which facilitate the removal of Federal District, the proceeds from the collection of organs, tissues and human substances for the purpose the taxes mentioned in article 156 and of the funds of transplants, research and treatment, as well as the mentioned in articles 158 and 159, item I, subitem collection, processing and transfusion of blood and its b, and paragraph 3. by-products, all kinds of sale being forbidden. Paragraph 3. A supplementary law to be revised at Article 200. It is incumbent upon the unified health least every five years shall establish: system, in addition to other duties, as set forth by I – the percentages referred to in paragraph 2; the law: II – the criteria for the sharing of funds of the Union earmarked for health and assigned to the States, I – to supervise and control proceedings, products the Federal District, and the Municipalities, and and substances of interest to health and to par- of funds of the States assigned to their respective ticipate in the production of drugs, equipments, Municipalities, with a view to a progressive reduction immunobiological products, blood products and of regional disparities; other inputs; III – the rules for supervision, assessment, and II – to carry out actions of sanitary and epidemio- control of expenditures on health at the level of logic vigilance as well as those relating to the health the Union, the States, the Federal District, and the of workers; Municipalities; III – to organize the training of personnel in the IV – the rules to calculate the amount to be applied area of health; by the Union. IV – to participate in the definition of the policy and Paragraph 4. The local managers of the unified in the implementation of basic sanitation actions; health system may hire community health workers V – to foster, within its scope of action, scientific and endemic disease control agents by means of a and technological development; public selection process, taking into account the VI – to supervise and control foodstuffs, including nature and complexity of their duties and the specific their nutritional contents, as well as drinks and water requirements of their activity. for human consumption; Paragraph 5. Federal legislation shall provide for VII – to participate in the supervision and control the legal regime and the regulation of the activities of the production, transportation, storage and use of community health workers and endemic disease of pschycoactive, toxic and radioactive substances control agents. and products; Paragraph 6. In addition to the cases set forth in VIII – to cooperate in the preservation of the envi- paragraph 1 of article 41 and in paragraph 4 of article ronment, including that of the workplace. 169 of the Federal Constitution, an employee whose activities are equivalent to those of a community SECTION III health worker or an endemic disease control agent may Social Security be dismissed if he does not comply with the specific requirements stipulated by law for such activities. Article 201. The social security system shall be organ- Article 199. Health assistance is open to private en- ized as a general scheme, of a contributory basis and terprise. mandatory participation, with due regard for criteria that preserve financial and actuarial balance, and shall

74 Constitution of the Federative Republic of Brazil provide for, in accordance with the law: (CA No. 20, Paragraph 9. For purposes of retirement, the re- 1998; CA No. 41, 2003; CA No. 47, 2005) ciprocal computation of the period of contribution I – coverage for the events of illness, disability, death, in government bodies and in private activity, either and old age; rural or urban, shall be ensured, in which case the II – protection to maternity, especially to pregnant various social security schemes shall offset each other women; financially, in accordance with criteria established III – protection to workers in a situation of invol- by law. untary unemployment; Paragraph 10. The law shall regulate the coverage of IV – family allowance and confinement allowance employment-injury risks, and such coverage shall be for the dependents of the low-income insured; provided both by the general social security scheme V – pension for death of the insured, man or woman, and the private sector. to the spouse or companion, and dependents, com- Paragraph 11. The amounts habitually earned by plying with the provision of paragraph 2. an employee, on any account, shall be incorporated Paragraph 1. The adoption of differentiated require- into his monthly salary for purposes of social security ments and criteria for the granting of retirement to the contribution and the resulting effects on benefits, in beneficiaries of the general social security scheme is the cases and in the manner provided by law. forbidden, with the exception of the cases, as defined Paragraph 12. The law shall provide for a special by a supplementary law, of activities carried out under system to include low-income workers in the social special conditions which are harmful to health or to security system, as well as to include no-income physical wholeness, and of cases in which the insured persons who are engaged exclusively in household are persons with disabilities. chores within their own homes, provided that they Paragraph 2. No benefit which replaces the contri- belong to low-income families, so that they have bution salary or labour earnings of the insured shall guaranteed access to benefits at an amount equal to have a monthly amount lower than the minimum one monthly minimum salary. monthly wage. Paragraph 13. The rates and grace periods of the Paragraph 3. All contribution salaries included in special system of inclusion in the social security system the calculation of the benefit shall be duly updated, referred to in paragraph 12 of this article shall be lower under the terms of the law. than those in effect for other insured participants of Paragraph 4. Readjustment of the benefits is ensured, the general social security scheme. to the end that their real value is permanently main- Article 202. The private social security scheme, of a tained, in accordance with criteria defined by law. complementary nature and organized on an autono- Paragraph 5. Participation in the general social secu- mous basis as regards the general social security scheme, rity scheme, in the quality of an optional insured, is shall be optional, based on the formation of reserves forbidden for a person who participates in a special which guarantee the contracted benefit, and regulated social security scheme. by a supplementary law. (CA No. 20, de 1998) Paragraph 6. The Christmas bonus for retirees and Paragraph 1. The supplementary law referred to pensioners shall be based on the amount of the earn- in this article shall ensure that the participant in ings in the month of December of each year. benefit plans of private pension plan companies is Paragraph 7. Retirement is ensured under the general provided with full access to information regarding social security scheme, in accordance with the law, the management of their respective plans. upon compliance with the following conditions: Paragraph 2. The contributions of employers, the I – thirty-five years of contribution, if a man, and benefits, and the terms of contracts set forth in the thirty years of contribution, if a woman; bylaws, regulations, and benefit plans of the private II – sixty-five years of age, if a man, and sixty years, pension plan companies are neither an integral part if a woman, this age limit being reduced by five years of the employment contract of participants, nor, with for rural workers of both sexes and for those who the exception of the benefits granted, an integral exercise their activities within a household system, part of the remuneration of participants, under the therein included rural producers, placer miners, and terms of the law. self-employed fishermen. Paragraph 3. The Union, the States, the Federal Paragraph 8. The requirements referred to in item District, and the Municipalities, their associate gov- I of the preceding paragraph will be reduced by ernment agencies, foundations, public enterprises, five years, for teachers who document exclusively a joint stock companies, and other public entities are period of effective exercise of teaching functions in forbidden to contribute funds to private pension plan children education and in elementary and second- companies, save in the quality of sponsors, in which ary education.

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case their standard contribution may not, under any II – participation of the population, by means of circumstances, exceed that of the insured. organizations representing them in the formulation Paragraph 4. A supplementary law shall regulate of policies and in the control of actions taken at the relationship between the Union, the States, the all levels. Federal District, or the Municipalities, including Sole paragraph. The States and the Federal District their associate government agencies, foundations, may assign up to five tenths per cent of their net tax joint stock companies, and enterprises controlled revenues to programs to support social inclusion and either directly or indirectly, in the quality of sponsors promotion, the utilization of such funds for the pay- of closed private pension plan companies, and their ment of the following items being forbidden: respective closed private pension plan companies. I – personnel expenses and social charges; Paragraph 5. The supplementary law referred to II – debt servicing; in the preceding paragraph shall apply, insofar as III – any other current expense not directly related pertinent, to private companies holding a permis- to the investments or actions supported by said sion or concession to render public services, when programs. such companies sponsor closed private pension plan companies. CHAPTER III Paragraph 6. The supplementary law referred to in Education, Culture and Sports paragraph 4 of this article shall establish the require- ments for the appointment of board members of the closed private pension plan companies, and shall SECTION I regulate the inclusion of participants in the collegiate Education bodies and decision-making bodies in which their interests are subject to discussion and decision. Article 205. Education, which is the right of all and duty of the State and of the family, shall be promoted and fostered with the cooperation of society, with SECTION IV a view to the full development of the person, his Social Assistance preparation for the exercise of citizenship and his qualification for work. Article 203. Social assistance shall be rendered to whomever may need it, regardless of contribution to Article 206. Education shall be provided on the basis social welfare and shall have as objectives: of the following principles: (CA No. 53, 2006) I – the protection of the family, maternity, childhood, I – equal conditions of access and permanence in adolescence and old age; school; II – the assistance to needy children and adoles- II – freedom to learn, teach, research and express cents; thought, art and knowledge; III – the promotion of the integration into the III – pluralism of pedagogic ideas and conceptions labour market; and coexistence of public and private teaching in- IV – the habilitation and rehabilitation of the handi- stitutions; capped and their integration into community life; IV – free public education in official schools; V – the guarantee of a monthly benefit of one mini- V – appreciation of the value of school education mum wage to the handicapped and to the elderly who professionals, guaranteeing, in accordance with the prove their incapability of providing for their own law, career schemes for public school teachers, with support or having it provided for by their families, admittance exclusively by means of public entrance as set forth by law. examinations consisting of tests and presentation of Article 204. Government actions in the area of social academic and professional credentials; assistance shall be implemented with funds from the VI – democratic administration of public education, social welfare budget, as provided for in article 195, in in the manner prescribed by law; addition to other sources, and organized on the basis VII – guarantee of standards of quality; of the following directives: (CA No. 42, 2003) VIII – a nationwide professional minimum salary for public school teachers, under the terms of a I – political and administrative decentralization, the federal law. coordination and the general rules being incumbent Sole paragraph. The law shall provide for the classes upon the federal sphere, and the coordination and of workers to be considered basic education profession- implementation of the respective programmes, upon als, as well as for the deadline for the preparation or the state and municipal spheres, as well as upon adaptation of their career schemes, within the sphere benevolent and social assistance entities;

76 Constitution of the Federative Republic of Brazil of the Federal Government, the States, the Federal Paragraph 1. The teaching of religion is optional District, and the Municipalities. and shall be offered during the regular school hours of public elementary schools. Article 207. The universities shall have didactic, sci- Paragraph 2. Regular elementary education shall be entific, administrative, financial and property manage- given in the Portuguese language and Indian com- ment autonomy and shall comply with the principle of munities shall also be ensured the use of their native non-dissociation of teaching, research and extension. tongues and their own learning methods. (CA No. 11, 1996) Paragraph 1. The universities are permitted to hire Article 211. TheU nion, the states, the Federal District foreign professors, technicians and scientists as pro- and the municipalities shall cooperate in the organiza- vided by law. tion of their educational systems. (CA No. 14, 1996; Paragraph 2. The provisions of this article apply to CA No. 53, 2006) scientific and technological research institutions. Paragraph 1. The Union shall organize the federal educational system and that of the Territories, shall Article 208. The duty of theS tate towards education finance the federal public educational institutions shall be fulfilled by ensuring the following: (CA No. and shall have, in educational matters, a redistributive 14, 1996; CA No. 53, 2006) and supplementary function, so as to guarantee the I – mandatory and free elementary education, equalization of the educational opportunities and a including the assurance of its free offer to all those minimum standard of quality of education, through who did not have access to it at the proper age; technical and financial assistance to the states, the II – progressive universalization of the free high- Federal District and the municipalities. school education; Paragraph 2. The municipalities shall act on a priority III – specialized schooling for the handicapped, basis in elementary education and in the education preferably in the regular school system; of children. IV – infant education to children of up to 5 (five) Paragraph 3. The states and theF ederal District shall years of age in day-care centers and pre-schools; act on a priority basis in elementary and secondary V – access to higher levels of education, research and education. artistic creation according to individual capacity; Paragraph 4. In the organization of their educational VI – provision of regular night courses adequate to systems, the states and municipalities shall establish the conditions of the student; forms of cooperation, so as to guarantee the univer- VII – assistance to elementary school students by salization of the mandatory education. means of supplementary programmes providing Paragraph 5. Public basic education shall give priority school material, transportation, food and health to regular education. assistance. Paragraph 1. The access to compulsory and free Article 212. The Union shall apply, annually, never education is a subjective public right. less than eighteen percent, and the states, the Federal Paragraph 2. The competent authority shall be liable District, and the municipalities, at least twenty-five for the failure of the Government in providing com- percent of the tax revenues, including those resulting pulsory education, or providing it irregularly. from transfers, in the maintenance and development Paragraph 3. The Government has the power to take of education. (CA No. 53, 2006) a census of elementary school students, call them for Paragraph 1. The share of tax revenues, transferred enrollment and ensure that parents or guardians see by the Union to the states, the Federal District and to their children’s attendance to school. the municipalities, or by the states to the respective municipalities, shall not be considered, for purposes Article 209. Teaching is open to private enterprise, of the calculation provided by this article, as revenues provided that the following conditions are met: of the government which transfers it. I – compliance with the general rules of national Paragraph 2. For purposes of compliance with the education; head paragraph of this article, the federal, state and II – authorization and evaluation of quality by the municipal educational systems, as well as the funds Government. applied in accordance with article 213 shall be taken Article 210. Minimum curricula shall be established into consideration. for elementary schools in order to ensure a common Paragraph 3. In the distribution of public funds, basic education and respect for national and regional priority shall be given to the providing for the needs cultural and artistic values. of compulsory education, as set forth in the national educational plan.

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Paragraph 4. The supplementary food and health appreciation and diffusion of cultural expressions. assistance programmes provided by article 208, VII, (CA No. 48, 2005) shall be financed with funds derived from social Paragraph 1. TheS tate shall protect the expressions contributions and other budgetary funds. of popular, Indian and Afro-Brazilian cultures, as well Paragraph 5. Public basic education shall have, as an as those of other groups participating in the national additional source of financing, the social contribution civilization process. for education, a payroll tax levied on companies, as Paragraph 2. The law shall provide for the establish- provided by law. ment of commemorative dates of high significance Paragraph 6. State and municipal quotas of the for the various national ethnic segments. proceeds from the collection of the social contribution Paragraph 3. The law shall establish the National for education shall be distributed in proportion to Culture Plan, in the form of a multiyear plan aimed the number of students enrolled in basic education at the cultural development of the country and the in the respective public school systems. integration of government initiatives to attain the Article 213. Public funds shall be allocated to pub- following: lic schools, and may be channelled to community, I – protection and appreciation of the value of Brazil’s religious or philantropic schools, as defined by law, cultural heritage; which: II – production, promotion, and diffusion of cul- tural goods; I – prove that they do not seek profit and that they III – training of qualified personnel to manage apply their surplus funds in education; culture in its multiple dimensions; II – ensure that their assets shall be assigned to IV – democratization of access to cultural goods; another community, religious or philantropic V – appreciation of the value of ethnic and regional schools, or to the Government in case they cease diversity. their activities. Paragraph 1. The funds provided by this article may Article 216. TheB razilian cultural heritage consists of be allocated to elementary and secondary school the assets of a material and immaterial nature, taken scholarships, as provided by law, for those who prove individually or as a whole, which bear reference to insufficiency of means, when there are no vacan- the identity, action and memory of the various groups cies or no regular courses are offered in the public that form the Brazilian society, therein included: (CA school system of the place where the student lives, No. 42, 2003) the Government being placed under the obligation I – forms of expression; to invest, on a priority basis, in the expansion of the II – ways of creating, making and living; public system of the locality. III – scientific, artistic and technological creations; Paragraph 2. Research and extension activities at IV – works, objects, documents, buildings and other university level may receive financial support from spaces intended for artistic and cultural expres- the Government. sions; Article 214. The law shall establish the pluriannual V – urban complexes and sites of historical, natural, national educational plan, with a view to the coor- artistic, archaeological, paleontological, ecological dination and development of teaching, at its various and scientific value. levels, and to the integration of the Government Paragraph 1. The Government shall, with the coop- actions leading to: eration of the community, promote and protect the Brazilian cultural heritage, by means of inventories, I – eradication of illiteracy; registers, vigilance, monument protection decrees, II – universalization of school assistance; expropriation and other forms of precaution and III – improvement of the quality of education; preservation. IV – professional training; Paragraph 2. It is incumbent upon the Government, V – humanistic, scientific and technological advance- in accordance with the law, to manage the keeping ment of the country. of the governmental documents and to make them available for consultation to whomever may need SECTION II to do so. Culture Paragraph 3. The law shall establish incentives for the production and knowledge of cultural assets Article 215. The state shall ensure to all the full ex- and values. ercise of the cultural rights and access to the sources Paragraph 4. Damages and threats to the cultural her- of national culture and shall support and foster the itage shall be punished in accordance with the law.

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Paragraph 5. All documents and sites bearing his- Paragraph 3. TheS tate shall support the training of torical reminiscence to the ancient communities of human resources in the areas of science, research and runaway slaves are protected as national heritage. technology and shall offer special work means and Paragraph 6. The States and the Federal District conditions to those engaged in such activities. may assign up to five tenths per cent of their net tax Paragraph 4. The law shall support and foster the revenues to a state fund for the promotion of culture, companies which invest in research, creation of tech- for the purpose of funding cultural programs and nology appropriate for the country, training and im- projects, the utilization of such funds for the payment provement of their human resources and those which of the following items being forbidden: adopt remuneration systems that ensure employees I – personnel expenses and social charges; a share of the economic earnings resulting from the II – debt servicing; productivity of their work, apart from the salary. III – any other current expense not directly related Paragraph 5. The states and theF ederal District may to the investments or actions supported by said allocate a share of their budgetary revenues to public programs. entities which foster scientific and technological education and research. SECTION III Article 219. The domestic market is part of the na- Sports tional patrimony and shall be supported with a view to permitting cultural and socio-economic devel- Article 217. It is the duty of the State to foster the opment, the well-being of the population and the practice of formal and informal sports, as a right of technological autonomy of the country, as set forth each individual, with due regard for: in a federal law. I – the autonomy of the directing sports entities and associations, as to their organization and operation; CHAPTER V II – the allocation of public funds with a view to Social Communication promoting, on a priority basis, educational sports and, in specific cases, high performance sports; Article 220. The manifestation of thought, the crea- III – differentiated treatment for professional and tion, the expression and the information, in any non-professional sports; form, process or medium shall not be subject to any IV – the protection and fostering of sports created restriction, with due regard to the provisions of this in the country. Constitution. Paragraph 1. The Judicial Power shall only accept Paragraph 1. legal actions related to sports discipline and com- No law shall contain any provision petitions after the instances of the sports courts, as which may represent a hindrance to full freedom regulated by law, have been exhausted. of press in any medium of social communication, Paragraph 2. The sports courts shall render final with due regard to the provisions of article 5, IV, V, judgement within sixty days, at the most, counted X, XIII and XIV. Paragraph 2. from the date of the filing of the action. Any and all censorship of a political, Paragraph 3. The Government shall encourage lei- ideological and artistic nature is forbidden. Paragraph 3. sure, as a form of social promotion. It is within the competence of federal laws to: I – regulate public entertainment and shows, it CHAPTER IV being incumbent upon the Government to inform Science and Technology on their nature, the age brackets they are not rec- ommended for and places and times unsuitable for Article 218. The State shall promote and foster their exhibition; scientific development, research and technological II – establish legal means which afford persons and expertise. families the possibility of defending themselves Paragraph 1. Basic scientific research shall receive against radio and television programmes and sched- preferential treatment from the State, with a view to ules which go contrary to the provisions of article public well-being and the advancement of science. 221, as well as against publicity of products, practices Paragraph 2. Technological research shall be directed and services which may be harmful to health or to mainly to the solution of Brazilian problems and the environment. to the development of the national and regional Paragraph 4. Commercial advertising of tobacco, al- productive system. coholic beverages, pesticides, medicines and therapies shall be subject to legal restrictions, in accordance

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with item II of the preceding paragraph and shall Paragraph 5. Any alterations in the corporate control contain, whenever necessary, a warning concerning of the companies mentioned in paragraph 1 must be the damages which may be caused by their use. communicated to the National Congress. Paragraph 5. Social communication media may Article 223. The Executive Power has the author- not, directly or indirectly, be subject to monopoly ity to grant and renew concession, permission and or oligopoly. authorization for radio broadcasting and sound and Paragraph 6. The publication of a printed social image broadcasting services with due regard to the communication medium shall not depend on license principle of the complementary roles of private, public from authorities. and state systems. Article 221. The production and programming of Paragraph 1. TheN ational Congress shall consider radio and television stations shall comply with the such proposition in the period of time set forth in following principles: article 64, paragraphs 2 and 4, counted from the date I – preference to educational, artistic, cultural and of receipt of the message. informative purposes; Paragraph 2. The non-renewal of the concession or II – promotion of national and regional culture permission shall depend on approval by at least two- and fostering of independent productions aimed fifths of the National Congress, in nominal voting. at their diffusion; Paragraph 3. The granting or renewal shall only III – regional differentiation of cultural, artistic produce legal effects after approval by the National and press production, according to percentages Congress, as set forth in the preceding paragraphs. established in law; Paragraph 4. Cancellation of a concession or per- IV – respect for the ethical and social values of the mission prior to its expiring date shall depend on a person and the family. court decision. Paragraph 5. The term for a concession or permission Article 222. Newspaper companies, sound broad- shall be ten years for radio stations and fifteen years casting companies, or sound and image broadcasting for television channels. companies, shall be owned exclusively by native Brazil- ians or those naturalized for more than ten years, or Article 224. For the purposes of the provisions of this by legal entities incorporated under Brazilian laws and chapter, the National Congress shall institute, as an headquartered in Brazil. (CA No. 36, 2002) auxiliary agency, the Social Communication Council, Paragraph 1. In all circumstances, at least seventy in the manner prescribed by law. per cent of the total capital stock and of the voting capital of newspaper companies, sound broadcast- CHAPTER VI ing companies, or sound and image broadcasting Environment companies, shall be owned directly or indirectly by native Brazilians or those naturalized for more Article 225. All have the right to an ecologically than ten years, who shall mandatorily exercise the balanced environment, which is an asset of common management of activities and shall define the content use and essential to a healthy quality of life, and both of programming. the Government and the community shall have the Paragraph 2. Editorial responsibility and the ac- duty to defend and preserve it for present and future tivities regarding selection and management of the generations. programming to be disseminated shall be carried out exclusively by native Brazilians or those naturalized Paragraph 1. In order to ensure the effectiveness of this for more than ten years, in any social communica- right, it is incumbent upon the Government to: tion medium. I – preserve and restore the essential ecological proc- Paragraph 3. Electronic social communication media, esses and provide for the ecological treatment of regardless of the technology used to deliver the service, species and ecosystems; shall comply with the principles stipulated in article II – preserve the diversity and integrity of the genetic 221, as provided by specific legislation, which shall patrimony of the country and to control entities also ensure priority to Brazilian professionals in the engaged in research and manipulation of genetic production of Brazilian programs. material; Paragraph 4. Specific legislation shall regulate the III – define, in all units of theF ederation, territorial participation of foreign capital in the companies spaces and their components which are to receive mentioned in paragraph 1. special protection, any alterations and suppressions being allowed only by means of law, and any use

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which may harm the integrity of the attributes which ognized as a family entity, and the law shall facilitate justify their protection being forbidden; the conversion of such entity into marriage. IV – demand, in the manner prescribed by law, Paragraph 4. The community formed by either for the installation of works and activities which parent and their descendants is also considered as may potentially cause significant degradation of the a family entity. environment, a prior environmental impact study, Paragraph 5. The rights and the duties of marital which shall be made public; society shall be exercised equally by the man and V – control the production, sale and use of tech- the woman. niques, methods or substances which represent a risk Paragraph 6. Civil marriage may be dissolved by to life, the quality of life and the environment; divorce, after prior legal separation for more than VI – promote environment education in all school one year in the cases set forth by law, or after two levels and public awareness of the need to preserve years of proven de facto separation. the environment; Paragraph 7. Based on the principles of human VII – protect the fauna and the flora, with pro- dignity and responsible parenthood, family plan- hibition, in the manner prescribed by law, of all ning is a free choice of the couple, it being within practices which represent a risk to their ecological the competence of the State to provide educational function, cause the extinction of species or subject and scientific resources for the exercise of this right, animals to cruelty. any coercion by official or private agencies being Paragraph 2. Those who exploit mineral resources forbidden. shall be required to restore the degraded environ- Paragraph 8. TheS tate shall ensure assistance to the ment, in accordance with the technical solutions family in the person of each of its members, creating demanded by the competent public agency, as pro- mechanisms to suppress violence within the family. vided by law. Article 227. It is the duty of the family, the society Paragraph 3. Procedures and activities considered as and the State to ensure children and adolescents, with harmful to the environment shall subject the infrac- absolute priority, the right to life, health, nourishment, tors, be they individuals or legal entities, to penal education, leisure, professional training, culture, dig- and administrative sanctions, without prejudice to nity, respect, freedom and family and community life, the obligation to repair the damages caused. as well as to guard them from all forms of negligence, Paragraph 4. The Brazilian Amazonian Forest, the discrimination, exploitation, violence, cruelty and Atlantic Forest, the Serra do Mar, the Pantanal Mato- oppression. Grossense and the coastal zone are part of the national Paragraph 1. patrimony, and they shall be used, as provided by The State shall promote full health law, under conditions which ensure the preserva- assistance programmes for children and adolescents, tion of the environment, therein included the use the participation of non-governmental entities be- of mineral resources. ing allowed, and with due regard to the following Paragraph 5. The unoccupied lands or lands seized precepts: by the states through discriminatory actions which I – allocation of a percentage of public health care are necessary to protect the natural ecosystems are funds to mother and child assistance; inalienable. II – creation of preventive and specialized care pro- Paragraph 6. Power plants operated by nuclear reactor grammes for the physically, sensorially or mentally shall have their location defined in federal law and handicapped, as well as programmes for the social may not otherwise be installed. integration of handicapped adolescents, by means of training for a profession and for community life, and by means of facilitating the access to communal CHAPTER VII facilities and services, by eliminating prejudices and Family, Children, Adolescents and the Elderly architectonic obstacles. Paragraph 2. The law shall regulate construction Article 226. The family, which is the foundation of standards for public sites and buildings and for the society, shall enjoy special protection from the State. manufacturing of public transportation vehicles, in or- Paragraph 1. Marriage is civil and the marriage der to ensure adequate access to the handicapped. ceremony is free of charge. Paragraph 3. The right to special protection shall Paragraph 2. Religious marriage has civil effects, in include the following aspects: accordance with the law. I – minimum age of fourteen years for admission Paragraph 3. For purposes of protection by the State, to work, with due regard to the provisions of article the stable union between a man and a woman is rec- 7, XXXIII;

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II – guarantee of social security and labour rights; CHAPTER VIII III – guarantee of access to school for the adolescent Indians worker; IV – guarantee of full and formal knowledge of Article 231. Indians shall have their social organiza- the determination of an offense, equal rights in the tion, customs, languages, creeds and traditions rec- procedural relationships and technical defense by a ognized, as well as their original rights to the lands qualified professional, in accordance with the provi- they traditionally occupy, it being incumbent upon sions of the specific protection legislation; the Union to demarcate them, protect and ensure V – compliance with the principles of brevity, ex- respect for all of their property. ceptionality and respect to the peculiar conditions of Paragraph 1. Lands traditionally occupied by Indians the developing person, when applying any measures are those on which they live on a permanent basis, that restrain freedom; those used for their productive activities, those in- VI – Government fostering, by means of legal assist- dispensable to the preservation of the environmental ance, tax incentives and subsidies, as provided by law, resources necessary for their well-being and for their of the protection, through guardianship, of orphaned physical and cultural reproduction, according to their or abandoned children or adolescents; uses, customs and traditions. VII – prevention and specialized assistance pro- Paragraph 2. The lands traditionally occupied by grammes for children and adolescents addicted to Indians are intended for their permanent possession narcotics or related drugs. and they shall have the exclusive usufruct of the riches Paragraph 4. The law shall severely punish abuse, of the soil, the rivers and the lakes existing therein. violence and sexual exploitation of children and Paragraph 3. Hydric resources, including energetic adolescents. potentials, may only be exploited, and mineral riches Paragraph 5. Adoption shall be assisted by the Gov- in Indian land may only be prospected and mined ernment, as provided by law, which shall establish with the authorization of the National Congress, cases and conditions for adoption by foreigners. after hearing the communities involved, and the Paragraph 6. Children born inside or outside wedlock participation in the results of such mining shall be or adopted shall have the same rights and qualifica- ensured to them, as set forth by law. tions, any discriminatory designation of their filiation Paragraph 4. The lands referred to in this article are being forbidden. inalienable and indisposable and the rights thereto Paragraph 7. In attending to the rights of children are not subject to limitation. and adolescents, the provisions of article 204 shall Paragraph 5. The removal of Indian groups from be taken into consideration. their lands is forbidden, except ad referendum of the Article 228. Minors under eighteen years of age may National Congress, in case of a catastrophe or an not be held criminally liable and shall be subject to epidemic which represents a risk to their population, the rules of the special legislation. or in the interest of the sovereignty of the country, after decision by the National Congress, it being Article 229. It is the duty of parents to assist, raise guaranteed that, under any circumstances, the return and educate their under-age children and it is the duty shall be immediate as soon as the risk ceases. of children of age to help and assist their parents in Paragraph 6. Acts with a view to occupation, domain old-age, need or sickness. and possession of the lands referred to in this article or to the exploitation of the natural riches of the Article 230. It is the duty of the family, society and the soil, rivers and lakes existing therein, are null and State, to assist the elderly, ensuring their participation void, producing no legal effects, except in case of in the community, defending their dignity and well- relevant public interest of the Union, as provided being and guaranteeing their right to life. by a supplementary law and such nullity and void- Paragraph 1. Assistance programmes for the elderly ness shall not create a right to indemnity or to sue shall be carried out preferably within their homes. the Union, except in what concerns improvements Paragraph 2. Those over sixty-five years of age are derived from occupation in good faith, in the manner guaranteed free urban public transportation. prescribed by law. Paragraph 7. The provisions of article 174, paragraphs 3 and 4, shall not apply to Indian lands. Article 232. The Indians, their communities and organizations have standing under the law to sue to

82 Constitution of the Federative Republic of Brazil defend their rights and interests, the Public Prosecution IX – if the new state results from the transformation intervening in all the procedural acts. of a federal territory, the transfer of financial burden from the Union for payment of opting civil servants who belonged to the Federal Administration, shall TITLE IX take place as follows: General Constitutional Provisions a) in the sixth year after its creation, the state shall assume twenty percent of the financial burden for Article 233. (Revoked). (CA No. 28, 2000) the payment of the civil servants, the remainder Article 234. It is forbidden for the Union to assume, continuing as a responsibility of the Union; directly or indirectly, as a result of the creation of a b) in the seventh year, thirty percent shall be added state, burdens related to expenses with inactive person- to the burden of the state and, in the eighth year, nel and with charges and repayments of internal or the remaining fifty percent; foreign debt of the public administration, including X – the appointments subsequent to the first ones, those of the indirect administration. for the offices mentioned in this article, shall be regulated by the state Constitution; Article 235. During the first ten years after the creation XI – the budgetary personnel expenses shall not of a state the following basic rules shall be observed: exceed fifty percent of the revenues of the state. I – the Legislative Assembly shall be composed of Article 236. Notary and registration services shall seventeen Deputies if the population of the state is be exercised by private entities by Government del- less than six hundred thousand inhabitants, and of egation. twenty-four Deputies if it is equal to or greater than Paragraph 1. this number, up to one million and five hundred The law shall regulate the activities, thousand inhabitants; discipline the civil and criminal liability of notaries, II – the Government shall have at most ten Sec- registrars and their officials and define the supervision retariats; of their acts by the Judicial Power. Paragraph 2. III – the Audit Court shall have three members, ap- Federal law shall set forth general rules pointed by the elected Governor, among Brazilians of for the establishment of the fees for the acts performed proven good repute and notable knowledge; by notary and registration services. Paragraph 3. IV – the Court of Justice shall have seven Judges; The entrance in notary and registra- V – the first Judges shall be appointed by the elected tion activities shall depend on a public entrance Governor, chosen in the following manner: examination of tests and presentation of academic a) five of them from among judges with more than and professional credentials, and an office shall not be thirty-five years of age, in exercise within the area permitted to remain vacant for more than six months, of the new state or of the original one; without the opening of a public examination to fill b) two of them from among public prosecutors, it, either by appointment or transference. under the same conditions, and from among at- Article 237. The supervision and control of foreign torneys of proven good repute and legal knowledge, trade, which are essential to the defense of national with at least ten years of professional practice, financial interests, shall be exercised by the Ministry complying with the procedures set forth in this of Finance. Constitution; VI – in the case of a state which originated from a Article 238. The law shall organize the sale and resale federal territory, the first five Judges may be chosen of petroleum-derived fuels, fuel alcohol and other fuels from among judges from any part of the country; derived from renewable raw-materials, respecting the VII – in each judicial district the first Judge, the first principles of this Constitution. Public Prosecutor and the firstP ublic Defender shall Article 239. The revenues from contributions to the be appointed by the elected Governor after a public Social Integration Program, created by the Supplemen- entrance examination of tests and presentation of tary Law number 7 of September 7, 1970, and to the academic and professional credentials; Civil Servants Asset Development Programme, created VIII – until the promulgation of the state Consti- by the Supplementary Law number 8, of December tution, the offices of Attorney-General, Advocate- 3, 1970, shall, from the date of the promulgation of General and Defender-General shall be held by this Constitution, fund the unemployment insurance lawyers of notable knowledge, with at least thirty-five programme and the bonus referred to in paragraph 3 years of age, appointed by the elected Governor and of this article, in the manner prescribed by law. removable ad nutum;

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Paragraph 1. At least forty percent of the funds Paragraph 2. The Pedro II School, located in the mentioned in the head paragraph of this article shall city of Rio de Janeiro, shall be maintained in the be allocated to finance economic development pro- federal sphere. grammes, through the National Economic and Social Article 243. Tracts of land in any region of the country Development Bank, with remuneration criteria which where illegal plantations of psychotropic plants are preserve their value. found shall be expropriated immediately and specifi- Paragraph 2. The accrued assets of the Social Inte- cally assigned to the settlement of tenant farmers, to gration Programme and of the Civil Servants Asset the culture of foodstuffs and medicinal products, with Development Programme shall be preserved, main- no indemnity to the owner and without prejudice to taining the criteria for withdrawal in the situations other sanctions set forth by law. provided for in specific laws, with the exception of Sole paragraph. withdrawal by reason of marriage, it being forbidden Any and all good of economic value the distribution of the revenues referred to in the head seized as a result of illegal traffic or narcotics and similar paragraph of this article, for deposit in the personnal drugs shall be confiscated and reverted to the benefit accounts of the participants. of institutions and personnel specialized in the treat- Paragraph 3. Employees who receive monthly re- ment and cure of drug-addicts and in the equipping muneration of up to two minimum wages from and funding of supervision, control, prevention and employers who contribute to the Social Integration repression of drug traffic crime. Programme and to the Civil Servants Asset Develop- Article 244. The law shall provide for the adaptation ment Programme shall be ensured the annual payment of presently existing sites and buildings of public use of one minimum wage, in which value the income and of the public transportation vehicles in order to of the individual accounts shall be computed, in guarantee adequate access to the handicapped, as set the case of those who already participated in such forth in article 227, paragraph 2. programmes before the date of the promulgation of Article 245. this Constitution. The law shall provide for the cases and Paragraph 4. Funding of the unemployment insur- conditions in which the Government shall give assist- ance programme shall receive an additional contribu- ance to the needy heirs and dependents of victims of tion from companies in which employee turnover willful crimes, without prejudice to the civil respon- exceeds the average turnover rate of the sector, in sibility of the perpetrator of the offense. the manner established by law. Article 246. The adoption of a provisional measure Article 240. The present compulsory contributions for the regulation of any article of the Constitution calculated on the payroll, made by employers, intended the wording of which has been altered by means of an for private social service and professional training enti- amendment enacted between January 1, 1995 and the ties linked to the labour union system, are excluded date of enactment of this amendment is forbidden. from the provisions of article 195. (CA No. 6, 1995; CA No. 32, 2001) Article 241. TheU nion, the States, the Federal Dis- Article 247. The laws provided for in item III of trict, and the Municipalities shall issue legislation to paragraph 1 of article 41, and in paragraph 7 of article regulate public syndicates and cooperation agreements 169, shall establish special criteria and guarantees for between members of the Federation, authorizing the the loss of office of a tenured public employee who, joint management of public services, as well as the by virtue of the duties of his effective post, performs transfer, in whole or in part, of charges, services, per- exclusive activities of State. (CA No. 19, 1998) sonnel, and goods essential to the continued rendering Sole paragraph. In the event of insufficient perform- of the services transferred. (CA No. 19, 1998) ance, the loss of office shall only take place by means of an administrative proceeding in which the adversary Article 242. The principle of article 206, IV, shall system and ample defense are ensured. not apply to the official educational institutions cre- ated by state or municipal law and in existence on Article 248. The benefits paid, under any auspices, the date of the promulgation of this Constitution, by the agency in charge of the general social security which are not totally or predominantly maintained scheme, even if they are financed by the National with public funds. Treasury, and those benefits not subject to the maxi- Paragraph 1. The teaching ofB razilian History shall mum amount stipulated for benefits granted by such take into account the contribution of the different scheme shall comply with the limits set forth in article cultures and ethnic groups to the formation of the 37, XI. (CA No. 20, 1998) Brazilian people.

84 Constitution of the Federative Republic of Brazil

Article 249. For the purpose of securing monies – Artenir Werner – Artur da Távola – Asdrubal Ben- for the payment of retirement pensions and other tes – Assis Canuto – Átila Lira – Augusto Carvalho pensions granted to their respective employees and – Áureo Mello – Basílio Villani – Benedicto Mon- their dependents, in addition to the monies of their teiro – Benito Gama – Beth Azize – Bezerra de Melo respective treasuries, the Union, the States, the Federal – Bocayuva Cunha – Bonifácio de Andrada – Bosco District, and the Municipalities may establish funds, França – Brandão Monteiro – Caio Pompeu – Car- made up of monies arising from contributions, and of los Alberto – Carlos Alberto Caó – Carlos Benevides property, rights, and assets of any kind, by means of a – Carlos Cardinal – Carlos Chiarelli – Carlos Cotta law that shall provide for the nature and the manage- – Carlos De’Carli – Carlos Mosconi – Carlos ment of such funds. (CA No. 20, 1998) Sant’Anna – Carlos Vinagre – Carlos Virgílio – Car- rel Benevides – Cássio Cunha Lima – Célio de Cas- Article 250. For the purpose of securing monies for tro – Celso Dourado – César Cals Neto – César Maia the payment of benefits granted by the general social – Chagas Duarte – Chagas Neto – Chagas Rodrigues security scheme, in addition to the monies arising from – Chico Humberto – Christóvam Chiaradia – Cid taxation, the Union may establish a fund made up of Carvalho – Cid Sabóia de Carvalho – Cláudio Ávila property, rights, and assets of any kind, by means of a – Cleonâncio Fonseca – Costa Ferreira – Cristina law that shall provide for the nature and the manage- Tavares – Cunha Bueno – Dálton Canabrava – Darcy ment of such a fund. (CA No. 20, 1998) Deitos – Darcy Pozza – Daso Coimbra – Davi Alves Silva – Del Bosco Amaral – Delfim Netto – Délio Brasília, October 5, 1988. Braz – Denisar Arneiro – Dionisio Dal Prá – Dioní- sio Hage – Dirce Tutu Quadros – Dirceu Carnei- Ulysses Guimarães, President – Mauro Benevides, ro – Divaldo Suruagy – Djenal Gonçalves – Domin- First Vice President – Jorge Arbage, Second Vice gos Juvenil – Domingos Leonelli – Doreto President – Marcelo Cordeiro, First Secretary – Mário Campanari – Edésio Frias – Edison Lobão – Edival- Maia, Second Secretary – Arnaldo Faria de Sá, Third do Motta – Edme Tavares – Edmilson Valentim – Secretary – Benedita da Silva, First Substitute Secre- Eduardo Bonfim – Eduardo Jorge – Eduardo Mo- tary – Luiz Soyer, Second Substitute Secretary – So- reira – Egídio Ferreira Lima – Elias Murad – Eliel tero Cunha, Third Substitute Secretary– Bernardo Rodrigues – Eliézer Moreira – Enoc Vieira – Eraldo Cabral, Reporter-General – Adolfo Oliveira, Adjunct Tinoco – Eraldo Trindade – Erico Pegoraro – Ervin Reporter – Antonio Carlos Konder Reis, Adjunct Bonkoski – Etevaldo Nogueira – Euclides Scalco – Eu- Reporter – José Fogaça, Adjunct Reporter. nice Michiles – Evaldo Gonçalves – Expedito Ma- chado – Ézio Ferreira – Fábio Feldmann – Fábio Abigail Feitosa – Acival Gomes – Adauto Pereira – Raunheitti – Farabulini Júnior – Fausto Fernandes Ademir Andrade – Adhemar de Barros Filho – Adro- – Fausto Rocha – Felipe Mendes – Feres Nader – Fer- aldo Streck – Adylson Motta – Aécio de Borba – Aé- nando Bezerra Coelho – Fernando Cunha – Fernan- cio Neves – Affonso Camargo –A fifD omingos – Afonso do Gasparian – Fernando Gomes – Fernando Hen- Arinos – Afonso Sancho – Agassiz Almeida – Agri- rique Cardoso – Fernando Lyra – Fernando Santana pino de Oliveira Lima – Airton Cordeiro – Air- – Fernando Velasco – Firmo de Castro – Flavio Pal- ton Sandoval – Alarico Abib – Albano Franco – Albérico mier da Veiga – Flávio Rocha – Florestan Fernandes Cordeiro – Albérico Filho – Alceni Guerra – Alci- – Floriceno Paixão – França Teixeira – Francisco des – Saldanha – Aldo Arantes – Alércio Dias – Ale- Amaral – Francisco Benjamim – Francisco Carneiro xandre Costa – Alexandre Puzyna – Alfredo Campos – Francisco Coelho – Francisco Diógenes – Francis- – Almir Gabriel – Aloisio Vasconcelos – Aloysio co Dornelles – Francisco Küster – Francisco Pinto Chaves – Aloysio Teixeira – Aluizio Bezerra – Aluízio – Francisco Rollemberg – Francisco Rossi – Francis- Campos – Álvaro Antônio – Álvaro Pacheco – Álva- co Sales – Furtado Leite – Gabriel Guerreiro – Gan- ro Valle – Alysson Paulinelli – Amaral Netto – Amaury di Jamil – Gastone Righi – Genebaldo Correia – Ge- Müller – Amilcar Moreira – Ângelo Magalhães – Anna nésio Bernardino – Geovani Borges – Geraldo Maria Rattes – Annibal Barcellos – Antero de Barros Alckmin Filho – Geraldo Bulhões – Geraldo Campos – Antônio Câmara – Antônio Carlos Franco – An- – Geraldo Fleming – Geraldo Melo – Gerson Ca- tonio Carlos Mendes Thame –A ntônio de Jesus – An- mata – Gerson Marcondes – Gerson Peres – Gidel tonio Ferreira – Antonio Gaspar – Antonio Mariz Dantas – Gil César – Gilson Machado – Gonzaga – Antonio Perosa – Antônio Salim Curiati – Antonio Patriota – Guilherme Palmeira – Gumercindo Mi- Ueno – Arnaldo Martins – Arnaldo Moraes – Arnal- lhomem – Gustavo de Faria – Harlan Gadelha – Ha- do Prieto – Arnold Fioravante – Arolde de Oliveira roldo Lima – Haroldo Sabóia – Hélio Costa – Hélio Duque – Hélio Manhães – Hélio Rosas – Henrique

85 Constitution of the Federative Republic of Brazil

Córdova – Henrique Eduardo Alves – Heráclito Maurício Pádua – Maurílio Ferreira Lima – Mauro Fortes – Hermes Zaneti – Hilário Braun – Homero Borges – Mauro Campos – Mauro Miranda – Mau- Santos – Humberto Lucena – Humberto Souto – Ibe- ro Sampaio – Max Rosenmann – Meira Filho – Melo rê Ferreira – Ibsen Pinheiro – Inocêncio Oliveira – Ira- Freire – Mello Reis – Mendes Botelho – Mendes já Rodrigues – Iram Saraiva – Irapuan Costa Júnior Canale – Mendes Ribeiro – Messias Góis – Messias – Irma Passoni – Ismael Wanderley – Israel Pinheiro Soares – Michel Temer – Milton Barbosa – Milton – Itamar Franco – Ivo Cersósimo – Ivo Lech – Ivo Lima – Milton Reis – Miraldo Gomes – Miro Tei- Mainardi – Ivo Vanderlinde – Jacy Scanagatta – Jai- xeira – Moema São Thiago – MoysésP imentel – Mo- ro Azi – Jairo Carneiro – Jalles Fontoura – Jamil zarildo Cavalcanti – Mussa Demes – Myrian Portella Haddad – Jarbas Passarinho – Jayme Paliarin – Jay- – Nabor Júnior – Naphtali Alves de Souza – Narciso me Santana – Jesualdo Cavalcanti – Jesus Tajra – Jo- Mendes – Nelson Aguiar – Nelson Carneiro – Nelson aci Góes – João Agripino – João Alves – João Calmon Jobim – Nelson Sabrá – Nelson Seixas – Nelson – João Carlos Bacelar – João Castelo – João Cunha Wedekin – Nelton Friedrich – Nestor Duarte – Ney – João da Mata – João de Deus Antunes – João Maranhão – Nilso Sguarezi – Nilson Gibson – Nion Herrmann Neto – João Lobo – João Machado Rol- Albernaz – Noel de Carvalho – Nyder Barbosa – Oc- lemberg – João Menezes – João Natal – João Paulo távio Elísio – Odacir Soares – Olavo Pires – Olívio – João Rezek – Joaquim Bevilácqua – Joaquim Fran- Dutra – Onofre Corrêa – Orlando Bezerra – Orlan- cisco – Joaquim Hayckel – Joaquim Sucena – Jofran do Pacheco – Oscar Corrêa – Osmar Leitão – Osmir Frejat – Jonas Pinheiro – Jonival Lucas – Jorge Lima – Osmundo Rebouças – Osvaldo Bender – Os- Bornhausen – Jorge Hage – Jorge Leite – Jorge Ue- valdo Coelho – Osvaldo Macedo – Osvaldo Sobrinho qued – Jorge Vianna – José Agripino – José Camar- – Oswaldo Almeida – Oswaldo Trevisan – Ottomar go – José Carlos Coutinho – José Carlos Grecco – José Pinto – Paes de Andrade – Paes Landim – Paulo Carlos Martinez – José Carlos Sabóia – José Carlos Delgado – Paulo Macarini – Paulo Marques – Paulo Vasconcelos – José Costa – José da Conceição – José Mincarone – Paulo Paim – Paulo Pimentel – Paulo Dutra – José Egreja – José Elias – José Fernandes – José Ramos – Paulo Roberto – Paulo Roberto Cunha – Freire – José Genoíno – José Geraldo – José Guedes Paulo Silva – Paulo Zarzur – Pedro Canedo – Pedro – José Ignácio Ferreira – José Jorge – José Lins – José Ceolin – Percival Muniz – Pimenta da Veiga – Plínio Lourenço – José Luiz de Sá – José Luiz Maia – José Arruda Sampaio – Plínio Martins – Pompeu de Maranhão – José Maria Eymael – José Maurício – José Sousa – Rachid Saldanha Derzi – Raimundo Bezer- Melo – José Mendonça Bezerra – José Moura – José ra – Raimundo Lira – Raimundo Rezende – Raquel Paulo Bisol – José Queiroz – José Richa – José San- Cândido – Raquel Capiberibe – Raul Belém – Raul tana de Vasconcellos – José Serra – José Tavares – José Ferraz – Renan Calheiros – Renato Bernardi – Re- Teixeira – José Thomaz Nonô – José Tinoco – José nato Johnsson – Renato Vianna – Ricardo Fiuza – Ri- Ulísses de Oliveira – José Viana – José Yunes – Jo- cardo Izar – Rita Camata – Rita Furtado – Roberto vanni Masini – Juarez Antunes – Júlio Campos – Jú- Augusto – Roberto Balestra – Roberto Brant – Ro- lio Costamilan – Jutahy Júnior – Jutahy Magalhães berto Campos – Roberto D’Ávila – Roberto Freire – Koyu Iha – Lael Varella – Lavoisier Maia – Leite – Roberto Jefferson –R oberto Rollemberg – Rober- Chaves – Lélio Souza – Leopoldo Peres – Leur Lo- to Torres – Roberto Vital – Robson Marinho – Ro- manto – Levy Dias – Lézio Sathler – Lídice da Mata drigues Palma – Ronaldo Aragão – Ronaldo Carva- – Louremberg Nunes Rocha – Lourival Baptista – Lú- lho – Ronaldo Cezar Coelho – Ronan Tito – Ronaro cia Braga – Lúcia Vânia – Lúcio Alcântara – Luís Corrêa – Rosa Prata – Rose de Freitas – Rospide Eduardo – Luís Roberto Ponte – Luiz Alberto Ro- Netto – Rubem Branquinho – Rubem Medina – Ru- drigues – Luiz Freire – Luiz Gushiken – Luiz Hen- ben Figueiró – Ruberval Pilotto – Ruy Bacelar – Ruy rique – Luiz Inácio Lula da Silva – Luiz Leal – Luiz Nedel – Sadie Hauache – Salatiel Carvalho – Samir Marques – Luiz Salomão – Luiz Viana – Luiz Viana Achôa – Sandra Cavalcanti – Santinho Furtado – Sar- Neto – Lysâneas Maciel – Maguito Vilela – Maluly ney Filho – Saulo Queiroz – Sérgio Brito – Sérgio Neto – Manoel Castro – Manoel Moreira – Manoel Spada – Sérgio Werneck – Severo Gomes – Sigma- Ribeiro – Mansueto de Lavor – Manuel Viana – Már- ringa Seixas – Sílvio Abreu – Simão Sessim – Siquei- cia Kubitschek – Márcio Braga – Márcio Lacerda – ra Campos – Sólon Borges dos Reis – Stélio Dias – Ta- Marco Maciel – Marcondes Gadelha – Marcos Lima deu França – Telmo Kirst – Teotonio Vilela Filho – Marcos Queiroz – Maria de Lourdes Abadia – Ma- – Theodoro Mendes –T ito Costa – Ubiratan Aguiar ria Lúcia – Mário Assad – Mário Covas – Mário de – Ubiratan Spinelli – Uldurico Pinto – Valmir Cam- Oliveira – Mário Lima – Marluce Pinto – Matheus pelo – Valter Pereira – Vasco Alves – Vicente Bogo Iensen – Mattos Leão – Maurício Campos – Mau- – Victor Faccioni – Victor Fontana – Victor Trovão rício Correa – Maurício Fruet – Maurício Nasser – – Vieira da Silva – Vilson Souza – Vingt Rosado – Vi-

86 Constitution of the Federative Republic of Brazil nicius Cansanção – Virgildásio de Senna – Virgílio Galassi – Virgílio Guimarães – Vitor Buaiz – Vival- do Barbosa – Vladimir Palmeira – Wagner Lago – Waldec Ornélas – Waldyr Pugliesi – Walmor de Luca – Wilma Maia – Wilson Campos – Wilson Martins – Ziza Valadares.

PARTICIPANTS: Álvaro Dias – Antônio Britto – Bete Mendes – Borges da Silveira – Cardoso Alves – Edivaldo Holanda – Expedito Júnior – Fadah Gattass – Francisco Dias – Geovah Amarante – Hélio Gueiros – Horácio Ferraz – Hugo Napoleão – Iturival Nascimento – Ivan Bonato – Jorge Medauar – José Mendonça de Morais – Leopoldo Bessone – Marcelo Miranda – Mauro Fecury – Neuto de Conto – Nival- do Machado – Oswaldo Lima Filho – Paulo Almada – Prisco Viana – Ralph Biasi – Rosário Congro Neto – Sérgio Naya – Tidei de Lima.

IN MEMORIAM: Alair Ferreira – Antônio Farias – Fábio Lucena – Norberto Schwantes – Virgílio Távora.

87 Constitution of the Federative Republic of Brazil

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

88 Temporary Constitutional Provisions Act and to those affected byD ecree-Law no. 846, of Sep- the punitive acts, provided that they prove that such tember 12, 1969, ensuring the promotions, in their acts were marked by gross flaws. inactivity, to the office, position or rank to which they Sole paragraph. The Supreme Federal Court shall would be entitled if they were in active service, with pronounce its decision within one hundred and twenty due regard for the periods of continuous activity set days as from the request of the interested party. forth in laws and regulations in force, respecting the Article 10. characteristics and peculiarities of the careers of civil Until the supplementary law referred to in and military public servants and complying with the article 7, I, of the Constitution is promulgated: respective legal regimes. I – the protection referred to therein is limited to the Paragraph 1. The provisions of this article shall only increase, to four times, of the percentage set forth generate financial effects as from the promulgation of in article 6, head paragraph and paragraph 1, of the the Constitution, any kind of retroactive compensa- Law no. 5,107 of September 13, 1966; tion being forbidden. II – arbitrary dismissal or dismissal without just Paragraph 2. The benefits established in this article cause is prohibited: are ensured to workers of the private sector, union a) of an employee elected to an executive office of officers and representatives who, for exclusively -po internal accident prevention committees, from the litical reasons, have been punished, dismissed or date of the registration of his candidacy to one year compelled to leave the remunerated activities they after the end of his term of office; had been performing, as well as to those who have b) of a pregnant employee, from the date the preg- been prevented from performing their professional nancy is confirmed to five months after delivery. Paragraph 1. activities by virtue of ostensive pressures or secret Until such time as the law shall regulate official procedures. the provisions of article 7, XIX, of the Constitution, Paragraph 3. Reparation of economic nature shall be the period of paternity leave referred to in the item granted, as set forth by a law to be proposed by the is of five days. Paragraph 2. National Congress and to become effective within Until further legal provisions are es- twelve months counted from the promulgation of the tablished, the contributions to fund the activities of Constitution, to citizens who were prevented from rural unions shall be collected together with the rural performing, as civilians, a specific professional activity property tax, by the same collecting agency. Paragraph 3. by virtue of Reserved Ordinances of the Ministry of Upon the first proof of fulfillment the Air Force no. S-50-GM5 of June 19, 1964, and of labour obligations by rural employers, as estab- no. S-285-GM5. lished by article 233, after the promulgation of the Paragraph 4. To those who, by virtue of institutional Constitution, the conformity of the contract to the acts, have gratuitously exercised elective offices of city law and of the correction of the labour obligations councilmen, the respective periods shall be computed over the entire period shall be certified before the for purposes of social security and retirement from Labour Courts. civil service. Article 11. Each Legislative Assembly endowed with Paragraph 5. The amnesty granted under this article constituent powers, shall draft the State Constitu- applies to civil servants and to employees at all levels tion within one year as from the promulgation of of government or at its foundations, state-owned the Federal Constitution, with due regard for the companies or mixed-capital companies under state principles of the latter. control, except in the military Ministries, who have Sole paragraph. After the promulgation of the State been punished or dismissed from professional activi- Constitution, it shall be incumbent upon the City ties interrupted by decision of their employees, as well Council, within six months, to vote the respective as by virtue of Decree-Law no. 1,632, of August 4, Organic Law, in two rounds of discussion and voting, 1978, or for exclusively political reasons, the readmis- with due regard for the provisions of the Federal and sion of those affected as from 1979 being ensured, state Constitutions. with due regard for the provisions of paragraph 1. Article 12. Within ninety days of the promulgation of Article 9. Those who, for exclusively political rea- the Constitution, a Land Studies Committee shall be sons, were disfranchised or had their political rights created, with ten members nominated by the National suspended during the period from July 15 to Decem- Congress and five members by the Executive Power, ber 31, 1969, by an act of the then President of the for the purpose of submitting studies concerning Republic, may request the Supreme Federal Court to the national territory and draft bills regarding new acknowledge the rights and advantages interrupted by territorial units, particularly in the Legal Amazonian Region and in areas pending solution.

89 Constitution of the Federative Republic of Brazil

Paragraph 1. Within one year the Committee shall I – the deadline for affiliation of the candidates to submit the results of its studies to the National the parties shall end seventy-five days prior to the Congress so that, in accordance with the Constitu- date of the elections; tion, such studies may be examined during the twelve II – the dates for the regional party conventions for subsequent months, the committee being dissolved the purpose of deciding upon coalitions and choice shortly thereafter. of candidates, for the presentation of the application Paragraph 2. The states and the municipalities shall, for registration of the candidates chosen and for the within three years of the promulgation of the Consti- other legal procedures shall be determined by the tution, provide, by agreement or adjustment, for the Electoral Courts in a special schedule; demarcation of their borders presently in litigation, III – the holders of state or municipal offices who and they may for such purpose effect area alterations have not left such offices on a definitive basis seventy- and compensations which allow for natural features, five days prior to the date of the elections provided historical criteria, administrative ease and convenience for in this paragraph shall be ineligible; of the bordering populations. IV – the present regional committees of the political Paragraph 3. At the request of the interested states parties of the state of Goiás are maintained, it being and municipalities, the Union may undertake the incumbent upon the national executive committees demarcation work. to appoint provisional committees for the state of Paragraph 4. If, three years after the promulgation of Tocantins, in accordance with and for the purposes the Constitution, the demarcation work has not been established by law. completed, the Union shall determine the borders of Paragraph 4. The terms of office of Governor,V ice the areas under litigation. Governor and Federal and State Deputies elected Paragraph 5. The present borders of the state ofA cre in accordance with the preceding paragraph shall with the states of Amazonas and Rondonia are hereby end concurrently with those of the other units of recognized and ratified according to cartographic and the Federation; the term of office of the least voted geodesic surveys conducted by the Tripartite Com- elected Senator shall end on the same occasion and mittee formed by representatives of the states and the terms of office of the other two Senators shall of the specialized technical services of the Brazilian end together with those of the Senators elected in Institute of Geography and Statistics. 1986 in the other states. Paragraph 5. The S tate Constituent Assembly shall Article 13. The state ofT ocantins is created by sepa- be installed on the forty-sixth day as from the election ration of the area described in this article and its of its members, but not before January 1, 1989, under installation shall occur on the forty-sixth day after the the chairmanship of the President of the Regional election provided for in paragraph 3, but not before Electoral Court of the state of Goiás, and shall on January 1, 1989. the same date inaugurate the elected Governor and Paragraph 1. The state of Tocantins is part of the Vice Governor. Northern Region and borders with the state of Goiás Paragraph 6. The legal rules regulating the divi- along the northern boundaries of the municipalities sion of the state of Mato Grosso shall apply, where of São Miguel do Araguaia, Porangatu, Formoso, Mi- appropriate, to the creation and installation of the naçu, Cavalcante, Monte Alegre de Goiás and Campos state of Tocantins with due regard for the provisions Belos, maintaining the present eastern, northern and of article 234 of the Constitution. western borders of Goiás with the states of Bahia, Paragraph 7. The state of Goiás shall be released Piauí, Maranhão, Pará and Mato Grosso. from debts and burdens resulting from undertak- Paragraph 2. The Executive Power shall designate ings within the territory of the new state, and the one of the cities of the state as its provisional capital Union is authorized, at its discretion, to take over until such time as the final seat of government is such debts. approved by the Constituent Assembly. Paragraph 3. The Governor, theV ice Governor, the Article 14. The federal territories of Roraima and of Senators and the Federal and State Deputies shall be Amapá are transformed into federated states, their elected, in a single voting, within seventy-five days present geographic borders being maintained. after the promulgation of the Constitution, but not Paragraph 1. The installation of the states shall oc- before November 15, 1988, at the discretion of the cur upon the inauguration of the governors elected Superior Electoral Court, with due regard, among in 1990. others, for the following rules: Paragraph 2. The rules and criteria adopted for the creation of the state of Rondônia shall apply to the transformation and installation of the states of Ro-

90 Temporary Constitutional Provisions Act

raima and Amapá, with due regard for the provisions the National Constituent Assembly, with the objec- of the Constitution and of this Act. tive of granting tenure to a public servant admitted Paragraph 3. The President of the Republic shall, without a public entrance examination to the direct within forty-five days of the promulgation of the or indirect administration, including the foundations Constitution, submit for examination by the Federal instituted and maintained by the Government, shall Senate the names of the governors of the states of be extinguished. Roraima and Amapá who shall exercise the Execu- Article 19. tive Power until the new states are installed with the Civil public servants of the Union, the inauguration of the elected governors. states, the Federal District and the municipalities, of Paragraph 4. Until the transformation into states is the direct administration, autonomous government effected according to this article, the federal territo- entities and government foundations, who, on the ries of Roraima and Amapá shall enjoy the benefits date of promulgation of the Constitution, have been of transfer of funds provided for in article 159, I, in office for at least five continuous years, and who a, of the Constitution and article 34, paragraph 2, have not been admitted as established in article 37 of II, of this Act. the Constitution, are deemed to have tenure in the public service. Article 15. The Federal Territory of Fernando de Paragraph 1. The period of service of the civil serv- Noronha is extinguished and its area reincorporated ants referred to in this article shall be considered as into the state of Pernambuco. a credential when they take a competitive examina- Article 16. Until the provisions of article 32, paragraph tion for the purpose of acquiring tenure, as set forth 2, of the Constitution are implemented, it shall be in- by law. cumbent upon the President of the Republic, with the Paragraph 2. The provisions of this article do not approval of the Federal Senate, to appoint the Governor apply to the holders of trust or commission functions and Vice Governor of the Federal District. and jobs nor to those who are legally subject to free discharge, whose period of service shall not be com- Paragraph 1. The authority of theL egislative Cham- puted for the purposes of the head paragraph of this ber of the Federal District shall, until such time as it article, exception being made for public servants. is 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 operational and property supervision of the Fed- by law. eral District shall, until such time as the Legislative Chamber is installed, be carried out by the Federal Article 20. Within one hundred and eighty days, Senate, by means of external control, with the as- the rights of inactive public servants and pensioners sistance of the Audit Court of the Federal District, shall be revised and the income and pensions owed with due regard for the provisions of article 72 of to them shall be updated in order to adjust them to the Constitution. the provisions of the Constitution. Paragraph 3. The assets of theF ederal District shall Article 21. include those which may be assigned to it by the Judges vested in office for a limited period Union as established by law. of time, who have been admitted by means of a public entrance examination of tests and presentation of Article 17. Earnings, compensation, advantages and academic and professional credentials and who are in additional pay, as well as retirement pensions which office on the date this Constitution is promulgated, are being received in disagreement with this Constitu- shall achieve tenure with due regard for the probation tion, shall be reduced immediately to the limits arising period and they shall be included in a special job class therefrom, it not being allowed, in this case, to invoke to be terminated, maintaining the authority, preroga- a vested right or receipt of excess on any account. tives and restrictions of the laws to which they were Paragraph 1. It is ensured the cumulative occupa- subject, except for those inherent to the temporary tion of two medical offices or jobs that are held by a nature of their investiture. military physician in the direct or indirect government Sole paragraph. The retirement of the judges referred administration. to in this article shall be regulated by the rules estab- Paragraph 2. The cumulative occupation of two lished for other state judges. offices or jobs reserved for health professionals is Article 22. ensured if held in the direct or indirect government Public defenders vested in office before the administration. date of installation of the National Constituent Assem- bly are ensured the right to opt for the career, complying Article 18. The legal effects of any legislative or -ad ministrative act drawn up as of the installation of

91 Constitution of the Federative Republic of Brazil

with the guarantees and prohibitions set forth in article through a joint committee, an analytical and expert 134, sole paragraph, of the Constitution. examination of the acts and facts which generate the Brazilian foreign indebtedness. Article 23. Until such time as the regulations of article Paragraph 1. The Committee shall have the legal 21, XVI of the Constitution are issued, the present authority of a parliamentary investigation committee holders of the office of federal censor shall continue for purposes of requisition and summons, and shall act to exercise functions compatible with such office in with the assistance of the Federal Audit Court. the Federal Police Department, with due regard for Paragraph 2. If irregularities are found, the National the constitutional provisions. Congress shall propose that the Executive Power Sole paragraph. Such law shall provide for the reas- declare the act null and void and shall forward the signment of the Federal Censors as set forth in this case to the Federal Public Prosecution, which shall article. take the appropriate action within sixty days. Article 24. TheU nion, the states, the Federal District Article 27. The Superior Court of Justice shall be and the municipalities shall issue laws establishing installed under the Presidency of the Supreme Fed- criteria to make their staffs compatible with the provi- eral Court. sions of article 39 of the Constitution and with the Paragraph 1. Until such time as the Superior Court administrative reorganization resulting therefrom, of Justice is installed, the Supreme Federal Court shall within eighteen months as from the promulgation perform the duties and responsibilities defined in the of the Constitution. previous constitutional order. Article 25. As of one hundred and eighty days after the Paragraph 2. The initial composition of theS uperior promulgation of the Constitution, such period being Court of Justice shall be obtained: subject to extension by law, all legal provisions which I – by reassignment of Justices of the Federal Court confer on or delegate to an agency of the Executive of Appeals; Power authority assigned to the National Congress II – by appointment of the Justices required to com- by the Constitution shall be revoked, especially those plete the number established in the Constitution. referring to: Paragraph 3. For the purposes of the Constitution, I – normative action; the present Justices of the Federal Court of Appeals II – allocation or transfer of funds of any kind. shall be considered as belonging to the class they came Paragraph 1. The decree-laws pending before the from at the time of their appointment. National Congress and not examined by it before the Paragraph 4. Once the Court has been installed, the Constitution is promulgated shall have their effects retired Justices of the Federal Court of Appeals shall regulated as follows: automatically become retired Justices of the Superior I – if issued up to September 2, 1988, they shall Court of Justice. be examined by the National Congress within one Paragraph 5. The Justices referred to in paragraph 2, hundred and eighty days as from the date of the II, shall be nominated in a triple list by the Federal promulgation of the Constitution, not counting Court of Appeals, with due regard for the provisions the parliamentary recess; of article 104, sole paragraph, of the Constitution. II – if the time limit defined in the preceding item Paragraph 6. Five Federal Regional Courts of Justice elapses without the decree-laws mentioned therein are hereby created, to be installed within six months having been examined, they shall be considered of the promulgation of the Constitution, with the rejected; jurisdiction and seat assigned to them by the Federal III – in the cases defined in itemsI and II, the acts Court of Appeals, taking into account the number of performed during the effectiveness of the respective lawsuits and their geographical location. decree-laws shall be fully valid and the National Paragraph 7. Until such time as the Federal Regional Congress may, if necessary, legislate on their re- Courts of Justice are installed, the Federal Court maining effects. of Appeals shall exercise the authority attributed Paragraph 2. The decree-laws issued between Sep- to them throughout the national territory, it being tember 3, 1988 and the date of the promulgation of incumbent upon it their installation and nomination the Constitution shall be converted on such date into of candidates for all initial offices by means of a triple provisional measures, with the rules established in list which may include federal judges of any region, article 62, sole paragraph, being applied thereto. with due regard for the provisions of paragraph 9. Paragraph 8. As from promulgation of the Constitu- Article 26. Within one year of promulgation of the tion, it is forbidden to fill vacant offices of Justices of Constitution, the National Congress shall effect, the Federal Court of Appeals.

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Paragraph 9. If there is no federal judge with the Paragraph 5. It is incumbent upon the present Office minimum period of service set forth in article 107, II, of the Attorney-General of the National Treasury, of the Constitution, the promotion may be granted directly or by delegation, which may be made to to a judge with less than five years of office. the State Public Prosecution, to represent the Un- Paragraph 10. It is incumbent upon the Federal ion in court in lawsuits of a fiscal nature, in their Courts to judge the lawsuits filed therein until such respective spheres of authority, until such time as time as the Constitution is promulgated, and the the supplementary laws set forth in this article are Federal Regional Courts as well as the Superior Court promulgated. of Justice shall judge the actions to overrule the Article 30. The legislation which creates the justice- final judgements rendered until then by theF ederal ship of the peace shall maintain the present judges of Courts, including those which refer to matters for the peace until the new judges take office, ensuring which competence has been transferred to another them the rights and duties conferred on the latter and branch of the Judicial Power. shall establish the date for the election provided for Article 28. The federal judges referred to in article in article 98, II, of this Constitution. 123, paragraph 2, of the Constitution of 1967, with Article 31. the wording given by the Constitutional Amendment The clerical offices of the judicial courts, no. 7 of 1977, shall be vested in office in courts of as defined in law, shall be brought under state control, the judiciary section for which they were appointed with due regard for the rights of the present clerks. or designated; if there are no vacancies, the existing Article 32. The provisions of article 236 shall not courts shall be divided. apply to notary and registration services which have Sole paragraph. For purposes of promotion for sen- already been made official by the Government, with iority, the period of service of such judges shall be due regard for the rights of their servants. computed as from the day of their taking of office. Article 33. With the exception of credits for alimony, Article 29. Until such time as the supplementary laws the amount due by virtue of court orders for which relating to the Public Prosecution and to the Advocacy- payment is outstanding on the date of the promulga- General of the Union are approved, the Federal Public tion of the Constitution, therein included remain- Prosecution, the Office of the Attorney-General of ing interests and adjustment for inflation, may be the National Treasury, the Legal Consultancies of the paid in legal tender, with readjustments, in equal and Ministries, the Prosecution and Legal Departments of successive annual installments, within eight years at the federal autonomous government agencies having the most, counted from July 1, 1989, in accordance their own representation, and the members of the with a decision by the Executive Power within one Prosecution Offices of public foundation universities hundred and eighty days of the promulgation of the shall continue to conduct their activities within their Constitution. respective incumbencies. Sole paragraph. In order to comply with the provisions Paragraph 1. The President of the Republic shall, of this article, the debtor entities may issue, each year, within one hundred and twenty days, submit to for the exact amount of the expenditure, public debt the National Congress a bill of supplementary law bonds which shall not be computed for purposes of dealing with the organization and operation of the determining the total limit of indebtedness. Advocacy-General of the Union. Article 34. Paragraph 2. The presentP rosecutors of the Republic The national tax system shall become may, in accordance with the supplementary law, effective on the first day of the fifth month following opt irrevocably between the careers of the Federal the promulgation of the Constitution, and until then, Public Prosecution and of the Advocacy-General the system set forth in the 1967 Constitution, with the of the Union. wording provided by Amendment number 1 of 1969 Paragraph 3. A member of the Public Prosecution and by the subsequent ones, shall be maintained. admitted prior to the promulgation of the Consti- Paragraph 1. With the promulgation of this Con- tution may opt for the previous regime insofar as stitution, articles 148, 149, 150, 154, I, 156, III and guarantees and advantages are concerned, with due 159, I, c, shall become effective, with all provisions regard, as to prohibitions, for the legal status on the to the contrary in the 1967 Constitution and in the date of such promulgation. amendments which modified it, especially its article Paragraph 4. The present members of the supplemen- 25, III, being revoked. tary staff of theL abour and Military Public Prosecu- Paragraph 2. The Participation Fund of the States tions, who have acquired tenure in these functions, and the Federal District, and the Revenue Sharing shall belong to the staff of the respective career.

93 Constitution of the Federative Republic of Brazil

Fund of the Municipalities shall obey the following Paragraph 9. Until a supplementary law provides for determinations: the matter, electric power distribution companies, in I – from the date of the promulgation of the Con- the capacity of taxpayers or of substitute taxpayers, stitution, the percentages shall be, respectively, of shall be liable, when the product leaves their facilities, eighteen percent and twenty percent, calculated even if the destination is another unit of the federa- on the proceeds from the collection of the taxes tion, for the payment of the tax on the circulation referred to in article 153, III and IV, the present of goods levied on electric power, from production apportionment criteria being maintained until the or importation to the last operation, such tax being supplementary law referred to in article 161, II calculated on the price charged on the occasion of becomes effective; the final operation, its collection being ensured to II – the percentage referring to the Participation the state or the Federal District, depending on the Fund of the States and the Federal District shall place where such operation occurs. be increased by one percent in the fiscal year of Paragraph 10. Until the law provided by article 1989 and, as from and including 1990, by one half 159, I, c, which shall be promulgated by December of one percent per fiscal year until and including 31, 1989, becomes effective, the application of the 1992, reaching in 1993 the percentage established funds set forth in that provision shall be ensured in in article 159, I, a; the following manner: III – the percentage referring to the Participation I – six-tenths of one percent in the Northern Region, Fund of the Municipalities, as from and including through the Banco da Amazônia S.A.; 1989 shall be increased by one half of one percent II – one and eight-tenths percent in the North- per fiscal year until it reaches the limit established eastern Region, through the Banco do Nordeste in article 159, I, b. do Brasil S.A.; Paragraph 3. Upon the promulgation of this Con- III – six-tenths of one percent in the Centre-West stitution, the Union, the states, the Federal District Region, through the Banco do Brasil S.A. and the municipalities may issue the laws which Paragraph 11. The Centre-WestD evelopment Bank are necessary for the application of the national tax is hereby created, in the manner established by law, system established therein. in order to comply, within that region, with the Paragraph 4. The laws issued in accordance with the provisions of articles 159, I, c and 192, paragraph preceding paragraph produce effects as from the date 2, of the Constitution. the national tax system set forth in the Constitution Paragraph 12. The urgency provided by article 148, becomes effective. II, shall not preclude the collection of the compul- Paragraph 5. Once the new national tax system is in sory loan instituted for the benefit of the Centrais force, the application of the preceding legislation shall Elétricas Brasileiras S.A. (Eletrobrás) by Law number be ensured in that in which it is not incompatible 4,156 of November 28, 1962, with the subsequent with the new system and with the legislation referred amendments. to in paragraphs 3 and 4. Article 35. The provisions of article 165, paragraph Paragraph 6. Until December 31, 1989, the provi- 7, shall be complied with progressively, over a pe- sions of article 150, III, b, shall not apply to the riod of ten years, the funds being distributed among taxes referred to in articles 155, I, a and b, and 156, the macro-economic regions in proportion to their II and III, which may be collected thirty days after population, based on the situation verified for the the publication of the law which has instituted or 1986-87 period. increased them. Paragraph 1. Paragraph 7. Until the maximum rates of the mu- In the application of the criteria referred nicipal tax on retail sales of liquid and gaseous fuels to in this article, the total expenses shall exclude have been established in a supplementary law, such expenses for: rates shall not exceed three percent. I – projects considered as priorities in the plurian- Paragraph 8. If, within sixty days counted from the nual plan; promulgation of the Constitution, the supplementary II – national security and defense; law required for the institution of the tax referred to III – maintenance of the federal agencies in the in article 155, I, b, has not been issued, the states Federal District; and the Federal District, by means of an agreement IV – the National Congress, the Federal Audit Court concluded in the manner set forth in Supplementary and the Judicial Power; Law number 24 of January 7, 1975, shall establish V – the servicing of the debt of the direct and indi- the rules to regulate the matter provisionally. rect administration of the Union, including foun-

94 Temporary Constitutional Provisions Act

dations instituted and maintained by the Federal and fiscal benefits, shall be maintained for a period Government. of twenty-five years as from the promulgation of the Paragraph 2. Until the supplementary law referred to Constitution. in article 165, paragraph 9, I and II, comes into force, Sole paragraph. The criteria which regulated or may the following rules shall be complied with: come to regulate the approval of projects in the Free- I – the project of the pluriannual plan, to be in force Trade Zone of Manaus may only be modified by a until the end of the first fiscal year of the subsequent federal law. presidential term of office, shall be forwarded not Article 41. less than four months before the end of the first The Executive Powers of the Union, the fiscal year and returned for sanction before the end states, the Federal District and the municipalities shall of the legislative session; reassess all sectorial tax incentives now in force and II – the bill of budgetary directives shall be forwarded shall propose the appropriate measures to the respec- not less than eight and a half months before the end tive Legislative Powers. of the fiscal year and returned for sanction before the Paragraph 1. The incentives which are not confirmed end of the first period of the legislative session; by law within two years of the promulgation of the III – the budget bill of the Union shall be forwarded Constitution shall be considered revoked. not less than four months before the end of the fiscal Paragraph 2. Revocation shall not preclude any year, and returned for sanction before the end of the rights which have become vested before that date, legislative session. in relation to incentives granted under conditions and for a set period of time. Article 36. The funds existing on the day the Constitu- Paragraph 3. Incentives granted by means of agree- tion is promulgated, except for those resulting from ments concluded between states, in accordance with tax exemptions which become private property and article 23, paragraph 6 of the 1967 Constitution, with those which are of interest to national defense, shall the wording of Amendment number 1, of October be extinguished if they are not ratified by theN ational 17, 1969, shall also be reassessed and reconfirmed Congress within two years. within the time limits set forth in this article. Article 37. Adaptation to the provisions of article Article 42. Of the funds intended for irrigation, dur- 167, III, shall be made within the period of five years, ing a period of 25 (twenty-five) years, theU nion shall the excess being reduced at a rate of at least one-fifth apply: (CA No. 43, 2004) per year. I – twenty percent in the Centre-West Region; Article 38. Until the promulgation of the supplemen- II – fifty percent in theN ortheastern Region, prefer- tary law referred to in article 169, the Union, the states, ably in the semi-arid region. the Federal District and the municipalities shall not Article 43. On the date of the promulgation of the spend more than sixty-five percent of the amount of law regulating the prospecting and mining of mineral the respective current revenues on personnel. resources and beds of ore, or within one year counted Sole paragraph. The Union, the states, the Federal from the date of the promulgation of the Constitution, District and the municipalities, whenever the respec- the authorizations, grants and other deeds affording tive expenditure with personnel exceeds the limit mining rights shall become ineffective, in case the established in this article, shall return to such limit, prospecting or mining works have not provenly started reducing the excess percentage at a rate of one-fifth in the legal time limits or are inactive. per year. Article 44. TheB razilian companies which presently Article 39. For purposes of compliance with the hold valid prospecting authorizations and permits for constitutional provisions which involve variations of the mining of mineral resources and the exploitation expenses and revenues of the Union, after the prom- of hydraulic energy shall have four years, counted ulgation of the Constitution, the Executive Power from the date of the promulgation of the Constitu- shall draw up and the Legislative Power shall examine tion, to comply with the requirements of article 176, a bill of review of the budgetary law referring to the paragraph 1. fiscal year of 1989. Paragraph 1. Except for the provisions of national Sole paragraph. The National Congress shall vote interest set forth in the constitutional text, Brazilian within twelve months the supplementary law provided companies shall be exempt from compliance with by article 161, II. the provisions of article 176, paragraph 1, provided Article 40. The Free-Trade Zone of Manaus, with that, within four years counted from the date of the its characteristics of free-trade, export and import promulgation of the Constitution they have destined

95 Constitution of the Federative Republic of Brazil

the product of their mining and processing activities I – to micro and small businessmen or to their to industrialization within the national territory, in businesses in the period from February 28, 1986, their own facilities or in a controlling or controlled to February 28, 1987; industrial company. II – to mini, small and medium rural producers in Paragraph 2. Brazilian companies which hold a the period from February 28, 1986, to December 31, hydraulic energy concession for use in their industrial 1987, provided that it refers to rural credit. processes shall also be exempted from compliance with Paragraph 1. For the purposes of this article, micro- the provisions of article 176, paragraph 1. enterprises shall be considered as the legal entities Paragraph 3. The Brazilian companies referred to and individual firms with annual income of up to in paragraph 1 may only be granted prospecting ten thousand National Treasury Bonds, and small authorizations or concessions to mine or exploit enterprises as the legal entities and individual firms hydraulic energy potentials provided that the energy with annual income of up to twenty-five thousand and the mining product are used in their respective National Treasury Bonds. industrial processes. Paragraph 2. Classification as a mini, small or me- dium rural producer shall be made in accordance Article 45. Refineries which operate in the country with the rural credit rules in force at the time of under article 43 and under the conditions of article the contract. 45 of Law number 2,004 of October 3, 1953, are Paragraph 3. Exemption from adjustment for infla- excluded from the monopoly established by article tion referred to in this article shall only be granted 177, II, of the Constitution. in the following cases: Sole paragraph. Risk contracts entered into with I – if the initial debt, plus legal interests and judicial Petróleo Brasileiro S.A. (Petrobrás) for petroleum fees, are settled within ninety days of promulgation prospecting, which are effective on the date of the of this Constitution; promulgation of the Constitution are exempted from II – if the application of the funds is not contrary the prohibition of article 177, paragraph 1. to the purpose of the financing, the burden of proof Article 46. Credits with institutions under interven- lying with the creditor institution; tion or extra-judicial liquidation, even when such III – if the creditor institution does not show that proceedings are converted into bankruptcy, are subject the borrower has the means to pay his debt, such to adjustment for inflation from the date of maturity means excluding the business of the borrower, the to the date of actual payment, with no interruption house where he lives, as well as his work and produc- or suspension. tion instruments; Sole paragraph. The provisions of this article shall IV – if the initial financing does not exceed the limit also apply to: of five thousand National Treasury Bonds; I – transactions made after the proceedings referred V – if the beneficiary is not the owner of more than to in the head paragraph of this article have been five rural modules. decreed; Paragraph 4. The benefits referred to in this article II – loan, financing and refinancing transactions, shall not be extended to the debts which have already transactions of financial assistance for liquidity pur- been paid and to debtors who are members of the poses, assignment or subrogation of credits or mort- Constituent Assembly. gage bonds, guarantee of deposits made by the public, Paragraph 5. In the event of transactions maturing or of purchase of liabilities, including those carried after the deadline for settlement of the debt, should out with funds intended for such purposes; the borrower be interested, the banks and the financial III – credits existing prior to the promulgation of institutions shall effect, by a specific instrument, an this Constitution; amendment to the original conditions of the contract IV – credits held by public administration entities so as to adjust them to this benefit. before the promulgation of this Constitution and Paragraph 6. The granting of this benefit by private not settled by January 1, 1988. commercial banks shall not, under any circumstances, entail a burden to the Government, even if made by Article 47. In the settlement of debts, including their refinancing and on-lending of funds by the central subsequent renegotiation and composition, even when bank. taken to court, arising out of any loans granted by Paragraph 7. In the case of on-lending to official banks and by financial institutions, there shall be no financial agents or credit cooperatives, the burden adjustment for inflation, provided that the loan has shall fall upon the original source of funds. been granted:

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Article 48. TheN ational Congress, within one hun- I – the installation, in the country, of new branches dred and twenty days of the promulgation of this Con- of financial institutions domiciled abroad; stitution, shall draw up a consumer defense code. II – increase of percentual participation of individuals and legal entities resident or domiciled abroad in Article 49. The law shall provide for the institution the capital of financial institutions with headquar- of emphyteusis concerning urban real property, the ters in Brazil. tenants having the option, in the event of extinction, Sole paragraph. The prohibition referred to in this of redemption of the emphyteusis, by acquisition of article does not apply to the authorizations resulting direct title in accordance with the provisions contained from international agreements, from reciprocity or in the respective contracts. from interest of the Brazilian Government. Paragraph 1. In the absence of a contractual clause, the criteria and bases currently in force in the spe- Article 53. Veterans who have actually participated cial legislation on real estate of the Union shall be in war operations during the Second World War, in adopted. accordance with Law number 5,315 of September 12, Paragraph 2. The rights of present registered oc- 1967, shall be ensured the following rights: cupants shall be ensured by application of another I – admission to public service without being re- kind of contract. quired to undergo a public entrance examination, Paragraph 3. Emphyteusis shall continue to be ap- with tenure; plied to tide lands and those lands added to them, II – special pension corresponding to that of Second which are located within the security strip extending Lieutenant of the Armed Forces, which may be ap- from the coast line. plied for at any time and may not be accumulated Paragraph 4. After redemption of the emphyteusis, with any other earnings received from the public the former holder of direct title shall, within ninety treasury, except for social security benefits, the right days, subject to liability, entrust all documents related to opt being ensured; to such title to the custody of the competent real III – in case of death, proportional pension to the estate registry. widow, companion or dependent, in an amount equal to that of the preceding item; Article 50. An agricultural law to be promulgated IV – free medical, hospital and educational assistance within one year shall provide, in accordance with this extending to dependents; Constitution, for the objectives and instruments of V – retirement with full pay after twenty-five years agricultural policy, priorities, crop planning, market- of actual service, under any juridical system; ing, internal supply, foreign market and institution VI – priority in the acquisition of a home for those of agrarian credit. who do not own one or for their widows or com- Article 51. All donations, sales and concessions of panions. public land with an area of more than three thousand Sole paragraph. The concession of the special pension hectares, made in the period from January 1, 1962, to referred to in item II replaces, for all legal effects, any December 31, 1987, shall be reviewed by the National other pension already granted to the veteran. Congress, by a joint committee, during the three years Article 54. Rubber-tappers recruited in accordance following the promulgation of the Constitution. with Decree-Law number 5,813 of September 14, Paragraph 1. Insofar as sales are concerned, the 1943, and protected by Decree-Law number 9,882 review shall be based exclusively on the criterion of of September 16, 1946, shall receive, when needy, lawfulness of the transaction. a monthly pension for life in the amount of two Paragraph 2. In the case of concessions and dona- minimum wages. tions, the review shall comply with the criteria of Paragraph 1. The benefit extends to rubber-tappers lawfulness and of convenience of public interest. who, at the request of the Brazilian Government, Paragraph 3. In the cases set forth in the preceding contributed to the war effort by working in rubber paragraphs, if illegality is proven or if there is public production in the Amazonian Region during the interest, the lands shall revert to the ownership of Second World War. the Union, of the states, of the Federal District or of Paragraph 2. The benefits established in this article the municipalities. may be transferred to dependents who are provenly Article 52. Until such time as the conditions referred needy. to in article 192 are established, the following are Paragraph 3. The concession of the benefit shall be forbidden: (CA No. 40, 2002) done in accordance with the law to be proposed by the Executive Power within one hundred and fifty days of the promulgation of the Constitution.

97 Constitution of the Federative Republic of Brazil

Article 55. Until such time as the law of budgetary Sole paragraph. The monthly benefit payments -up directives is approved, at least thirty percent of the dated in accordance with this article shall be due and social welfare budget, excluding unemployment insur- paid as from the seventh month after the promulgation ance, shall be allocated to the health sector. of the Constitution. Article 56. Until such time as the law regulates article Article 59. The bills of law for the organization of 195, I, the revenues resulting from at least five of the social welfare and for the plan of funding and ben- six tenths of one percent corresponding to the rate of efits shall be submitted, not more than six months the contribution referred to in Decree-Law number after the promulgation of the Constitution, to the 1940 of May 25, 1982, as amended by Decree-Law National Congress, which shall have six months to number 2,049 of August 1, 1983, by Decree number examine them. 91,236 of May 8, 1985, and by Law number 7,611 of Sole paragraph. Upon approval by the National July 8, 1987, shall become part of the social welfare Congress, the plans shall be implemented progressively revenues, excepting, exclusively in the fiscal year of in the following eighteen months. 1988, commitments assumed for ongoing programmes Article 60. In the 14 (fourteen) years following the and projects. promulgation of this Constitutional Amendment, Article 57. The debts of the states and municipalities the States, the Federal District, and the Municipali- related to social security contributions up to June 30, ties shall allocate a portion of the monies referred to 1988, shall be settled, with adjustment for inflation, in the head paragraph of article 212 of the Federal in one hundred and twenty monthly installments, Constitution, to the maintenance and development with the waiver of the interests and penalties ap- of basic education and to the payment of appropriate plicable thereto, provided the debtors request install- salaries to education workers, with due regard for the ment payment and begin such payment within one following provisions: (CA No. 53, 2006) hundred and eighty days of the promulgation of this I – the distribution of monies and responsibilities Constitution. among the Federal District, the States, and their Paragraph 1. The amount to be paid in each of the Municipalities is assured through the establishment, first two years shall not be less than five percent of the within each State and the Federal District, of a Fund total consolidated and updated debt, the balance to for the Maintenance and Development of Basic be divided into equal monthly installments. Education and for the Appreciation of Education Paragraph 2. Settlement may include payments by Professionals – FUNDEB, of a financial nature; assignment of assets and rendering of services, as set II – the Funds referred to in item I of the head forth in Law number 7,578 of December 23, 1986. paragraph of this article shall be made up of 20% Paragraph 3. As guarantee for the payment of the (twenty percent) of the resources referred to in items installments, the states and municipalities shall each I, II, and III of article 155; item II of the head year consign in their respective budgets the appropria- paragraph of article 157; items II, III, and IV of the tions required for the payment of their debts. head paragraph of article 158; and subitems a and Paragraph 4. If any of the conditions established for b of item I, and item II of the head paragraph of the concession of installment payment are not met, article 159, of the Federal Constitution, and shall be the debt shall be considered as due and payable in full distributed among each State and its municipalities, and liable for default interest; in such case, the portion in proportion to the number of students in the vari- of the funds corresponding to the Participation Funds ous grades and modalities of on-site basic education, intended for the debtor states and municipalities shall enrolled in the respective school systems, within the be blocked and transferred to the social security for respective scope of priority action as established by payment of their debts. paragraphs 2 and 3 of article 211 of the Federal Constitution; Article 58. Benefits paid on a continuous basis and III – with due regard for the guarantees established maintained by social security on the date of the prom- in items I, II, III, and IV of the head paragraph ulgation of the Constitution shall have their values of article 208 of the Federal Constitution, as well reviewed so as to re-establish their purchasing power as for the basic education universalization goals expressed in terms of the numbers of minimum wages established in the National Education Plan, the law they represented on the date on which they were shall provide for: granted, such updating criterion to be adopted until a) the organization of the Funds, the proportional the plan of funding and benefits referred to in the distribution of their resources, the differences and following article is implemented. weightings regarding the annual value per student

98 Temporary Constitutional Provisions Act

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

99 Constitution of the Federative Republic of Brazil

achieved over the first 3 (three) years the Funds are with public and private institutions desiring to take in force, as follows: part in the events. I – as to the taxes and transfers mentioned in item Article 64. The National Press and other printing II of the head paragraph of article 155; item IV of departments of the Union, the states, the Federal the head paragraph of article 158; and subitems a District and the municipalities, of the direct or indirect and b of item I and item II of the head paragraph administration, including foundations instituted and of article 159 of the Federal Constitution: maintained by the Government, shall provide for a a) 16.66% (sixteen and sixty-six hundredths of one popular edition of the full text of the Constitution, percent), in the first year; which shall be made available free of charge, to schools b) 18.33% (eighteen and thirty-three hundredths and public registry offices, to unions, military barracks, of one percent), in the second year; churches and other community organizations, in order c) 20% (twenty percent), as from the third year; that each Brazilian citizen may receive from the State II – as to the taxes and transfers mentioned in items a copy of the Brazilian Constitution. I and III of the head paragraph of article 155; item II of the head paragraph of article 157; and items Article 65. TheL egislative Power shall, within twelve II and III of the head paragraph of article 158 of months, regulate the article 220, paragraph 4. the Federal Constitution: Article 66. a) 6.66% (six and sixty-six hundredths of one per- The public telecommunications utility cent), in the first year; concessions presently in force shall be maintained, as b) 13.33% (thirteen and thirty-three hundredths established by law. of one percent), in the second year; Article 67. TheU nion shall conclude the demarcation c) 20% (twenty percent), as from the third year. of the Indian lands within five years of the promulga- Paragraph 6. (Revoked). tion of the Constitution. Paragraph 7. (Revoked). Article 68. Final ownership shall be recognized for Article 61. The educational entities referred to in the remaining members of the ancient runaway slave article 213, as well as the educational and research communities who are occupying their lands and the foundations whose creation has been authorized by State shall grant them the respective title deeds. law, which meet the requirements of items I and II of such article and which have, in the last three years, Article 69. The states shall be allowed to maintain received public funds, may continue to receive such legal consultancy offices independent from their At- funds, unless otherwise established by law. torney-General Offices orA dvocacy-General Offices, provided that they have separate agencies for the Article 62. The law shall create the National Rural respective functions on the date of the promulgation Apprenticeship Service (SENAR), based on the leg- of this Constitution. islation for the National Industrial Apprenticeship Service (SENAI), and the National Commercial Ap- Article 70. The present competence of the state courts prenticeship Service (SENAC), without prejudice to shall be maintained until it is defined in the State the incumbencies of the government agencies engaged Constitution, as established in article 125, paragraph in the area. 1, of the Constitution. Article 63. A Committee composed of nine members Article 71. The Emergency Social Fund is hereby is hereby created, three of them from the Legislative instituted for the fiscal years of 1994 and 1995, as well Power, three from the Judicial Power and three from as for the periods from January 1, 1996 through June the Executive Power, to promote the commemorations 30, 1997, and from July 1, 1997 through December of the centennial of the proclamation of the Republic 31, 1999, aiming at the financial recuperation of the and of the promulgation of the first republican Consti- Federal Public Finances and the economic stabiliza- tution of the country, and such committee may, at its tion, the resources of which shall be applied primarily discretion, be subdivided into as many subcommittees to the actions of the health and education systems, as may be necessary. including the supplementation of resources set forth Sole paragraph. In the carrying out of its duties in paragraph 3 of article 60 of the Temporary Con- the Committee shall conduct studies, debates and stitutional Provisions Act, the welfare benefits and assessments of the political, social, economic and welfare assistance of a permanent nature, including the cultural development of the country, and may join payment of welfare debts and budgetary expenditures efforts with state and municipal governments and associated to programs of great economic and social

100 Temporary Constitutional Provisions Act interest. (RCA No. 1, 1994; CA No. 10, 1996; CA defined in the legislation of income tax and earnings No. 17, 1997) of any nature; Paragraph 1. The provision of the final part of itemII VI – other incomes defined in specific legislation. of paragraph 9 of article 165 of the Constitution shall Paragraph 1. The rates and calculation base defined not apply to the Fund established by this article. in items III and V shall be applied as from the first Paragraph 2. From the beginning of the 1996 fiscal day of the month following the ninetieth day after year on, the Fund established by this article shall be the promulgation of this amendment. called Fiscal Stabilization Fund. Paragraph 2. The parts referred to in itemsI , II, III Paragraph 3. TheE xecutive Power shall publish, on a and V shall be previously deducted from the calcula- bimonthly basis, a budget execution statement, which tion base of any legal or constitutional designation statement shall list the sources and applications of or participation, and the provisions of articles 159, the Fund established by this article. 212 and 239 of the Constitution shall not apply to them. Article 72. TheE mergency Social Fund is comprised Paragraph 3. The part referred to in itemIV shall be of: (RCA No. 1, 1994; CA No. 10, 1996; CA No. previously deducted from the calculation base of any 17, 1997) constitutional or legal designation or participation I – the proceeds from the collection of the tax on stipulated by articles 153, paragraph 5, 157, II, 212 income and earnings of any nature to be levied at and 239 of the Constitution. source on payments of any nature effected by the Paragraph 4. The provision of the former paragraph Union, including its autonomous government agen- shall not apply to the resources provided by articles cies and foundations; 158, II and 159 of the Constitution. II – the part of the proceeds from the collection of Paragraph 5. The part of the resources originating the tax on income and earnings of any nature, and from the tax on income and earnings of any nature, of the tax on credit, foreign exchange and insurance designated for the Emergency Social Fund, as pro- transactions, or transactions relating to bonds and vided by item II of this article, shall not exceed five securities, resulting from the changes generated by and six-tenths of one percent of the total proceeds Law 8,894 of June 21, 1994, and by Laws 8,849 from its collection. and 8,848, both dated January 28, 1994 and further modifications; Article 73. In the regulation of the Emergency Social III – the part of the proceeds from the collection due Fund, the instrument provided by item V of article to the increase of the rate of welfare contribution on 59 of the Constitution may not be applied. (RCA the profit of taxpayers mentioned in paragraph 1 of No. 1, 1994) article 22 of Law 8,212 of July 24, 1991, which, in Article 74. The Union may establish provisional the fiscal years of 1994 and 1995, as well as in the contribution on the movement or transmission of period from January 1, 1996 through June 30, 1997, monies and of credits and rights of financial nature. shall be of 30 percent, subject to modification by (CA No. 12, 1996) ordinary law, the other stipulations of Law 7,869 of Paragraph 1. The rate of the contribution mentioned December 15, 1988 remaining unchanged; in this article shall not exceed twenty-five hundredths IV – twenty percent of the proceeds from the col- of one percent, and the Executive Power may reduce lection of all taxes and contributions to the Union, it or reestablish it, in whole or in part, in the condi- already instituted or to be instituted, except those tions and limits provided for by law. provided by items I, II and III, with due regard to Paragraph 2. The provisions of articles 153, paragraph the provisions of paragraphs 3 and 4; 5, and 154, I, of the Constitution shall not apply to V – the part of the proceeds from the collection of the contribution mentioned in this article. the contribution mentioned in Supplementary Law Paragraph 3. The whole of the proceeds from the no. 7, of September 7, 1970, owed by the juridical collection of the contribution mentioned in this article entities referred to in item III of this article, which shall be allocated to the National Health Foundation will be calculated, in the fiscal years of 1994 and for the financing of health actions and services. 1995, as well as in the periods from January 1, Paragraph 4. The liability for the contribution 1996 through June 30, 1997, and from July 1, mentioned in this article shall be governed by the 1997 through December 31, 1999, through the provisions of article 195, paragraph 6, of the Con- employment of a rate of seventy-five hundredths of stitution, and it shall not be collected for longer one percent, subject to modification by subsequent than two years. ordinary law, on the gross operating income, as

101 Constitution of the Federative Republic of Brazil

Article 75. The collection of the provisional contribu- I – in the case of the Union: tion on the movement or transmission of monies and a) in the year 2000, the amount of checks issued of credits and rights of financial nature mentioned in to health actions and public services during the article 74, established by Law no. 9,311, of October financial year of 1999, plus at least five percent; 24, 1996, is extended for thirty-six months, and the b) from the year 2001 through the year 2004, the same extension applies to the effect ofL aw no. 9,539, amount expended in the previous year, restated of December 12, 1997, which modifiedL aw no. 9,311. according to the nominal changes of the Gross (CA No. 21, 1999) Domestic Product – GDP; Paragraph 1. With due regard for paragraph 6 of II – in the case of the States and of the Federal article 195 of the Federal Constitution, the rate of District, twelve percent of the proceeds from the the contribution shall be thirty-eight hundredths of collection of the taxes referred to in article 155 and of one percent, in the first twelve months, and thirty the funds mentioned in articles 157 and 159, item I, hundredths in the subsequent months, and the Ex- subitem a, and item II, after deducting the portions ecutive Power may reduce it, in whole or in part, in transferred to the respective Municipalities; the limits hereby stipulated. III – in the case of the Municipalities and of the Paragraph 2. The proceeds from increased collec- Federal District, fifteen percent of the proceeds from tion of the contribution, resulting from the altera- the collection of the taxes mentioned in article 156 tion of the rate, during the financial years of 1999, and of the funds mentioned in articles 158 and 159, 2000, and 2001, shall be allocated to the financing item I, subitem b, and paragraph 3. of social security. Paragraph 1. The States, the Federal District, and Paragraph 3. The Union is authorized to issue do- the Municipalities which apply percentages lower mestic public debt bonds, whose resources shall be than those stipulated in items II and III shall raise allocated to the financing of health services and social them gradually, until the financial year of 2004, the security, in an amount equivalent to the proceeds of difference being reduced at the rate of at least one the collection of the contribution, estimated but not fifth per year, and the application shall consist of at achieved in 1999. least seven percent as of the year 2000. Paragraph 2. At least fifteen percent of the funds of Article 76. Twenty percent of the proceeds from the the Union expended under the terms of this article collection by the Union of taxes, social contributions, shall be applied in the Municipalities, according to the and contributions for intervention in the economic populational criterion, to health actions and public domain, already instituted or that may be instituted services, in accordance with the law. by December 31, 2011, as well as their additional Paragraph 3. The funds of the States, the Federal taxes and respective legal increases, shall not be ear- District, and the Municipalities assigned for health marked to any agency, fund, or expense in the said actions and public services, as well as those transferred period. (CA No. 27, 2000; CA No. 42, 2003; CA by the Union for the same purpose, shall be applied No. 56, 2007) by means of the Health Fund, to be monitored and Paragraph 1. The provision of the head paragraph supervised by the Health Board, without prejudice of this article shall not reduce the assessment basis to the provisions of article 74 of the Federal Con- of the transfers to the States, the Federal District, stitution. and the Municipalities under the terms of articles Paragraph 4. In the absence of the supplementary law 153, paragraph 5; 157, item I; 158, items I and II; referred to in article 198, paragraph 3, the provisions and 159, item I, letters a and b; and item II, of the of this article shall apply to the Union, the States, Constitution, neither the assessment basis of the the Federal District, and the Municipalities as of the remittances mentioned in article 159, I, c, of the financial year of 2005. Constitution. Paragraph 2. The proceeds from the collection of Article 78. With the exception of credits defined by the social contribution for education mentioned in law as being of a small amount, credits for alimony, article 212, paragraph 5, of the Constitution, shall and credits stated in article 33 of this Temporary be excepted from the provision of the head paragraph Constitutional Provisions Act and their supplementa- of this article. tions, as well as those credits whose respective funds have already been released or paid into court, the Article 77. Until the financial year of 2004, the court order debts for which payment is outstanding minimum amount of funds applied to health actions on the date of promulgation of this Amendment and and public services shall be equivalent to: (CA No. those deriving from actions commenced before or on 29, 2000) December 31, 1999, shall be settled according to their

102 Temporary Constitutional Provisions Act real value, in legal tender, including legal interests, III – the proceeds from the collection of the tax in equal and successive annual installments, within referred to in article 153, item VII, of the Con- ten years at the most, the assignment of credits being stitution; permitted. (CA No. 30, 2000) IV – budgetary appropriations; Paragraph 1. The division of installments is permit- V – donations, of any nature, by individuals or ted, at the discretion of the creditor. corporations established in Brazil or abroad; Paragraph 2. In the event the annual installments VI – other revenues, to be defined by the legislation referred to in the head paragraph of this article have that regulates the Fund. not been paid before the end of the relevant fiscal Paragraph 1. The provisions of articles 159 and 167, year, they shall be deducted from the taxes owed to item IV, of the Constitution, are not applicable to the debtor entity. the resources that make up the Fund, neither is any Paragraph 3. The period of time referred to in the disconnection of budgetary resources. head paragraph of this article is reduced to two years, Paragraph 2. The proceeds from the collection of the in the case of court order debts deriving from the resources referred to in item I of this article, during expropriation of a creditor’s residential property, pro- the period from June 18, 2000 through the date the vided that such property is proven to be the creditor’s supplementary law mentioned in article 79 becomes only residential property at the time of emission of effective, shall be remitted in full to theF und, their a writ of ejectment. real value being preserved, in federal government Paragraph 4. If the time limit has elapsed, or in the securities, progressively redeemable after June 18, case of omission in the budget, or in the event the 2002, under the terms of the law. right of precedence is not respected, the President Article 81. A Fund is hereby instituted, to be com- of the appropriate Court shall, upon petition of a prised of the resources received by the Federal Govern- creditor, requisition or order the seizure of funds ment as a result of divestiture of government-controlled of the debtor entity, at an amount sufficient to pay corporations and public entreprises controlled either the installment. directly or indirectly by the Federal Government, Article 79. TheF und to Fight and Eradicate Poverty, when such operation involves the divestment of the hereby instituted within the sphere of the Federal respective controlling interest to an individual or entity Executive Branch, shall be in force through the year not belonging to the government bodies, or of any 2010 and shall be regulated by a supplementary law, remaining equity interest following such divestment, aiming at enabling all Brazilians to have access to and the income thereof, generated as from June 18, adequate subsistence levels, and its resources shall be 2002, shall be transferred to the Fund to Fight and applied to supplementary initiatives regarding nutri- Eradicate Poverty. (CA No. 31, 2000) tion, housing, education, health, a complementary Paragraph 1. In case the yearly amount of income family income, and other programs of relevant social to be transferred to the Fund to Fight and Eradicate interest oriented towards the improvement of the Poverty, as set forth in this article, does not add up to quality of life. (CA No. 31, 2000) the total of four billion reais, it shall be supplemented Sole paragraph. The Fund set forth in this article according to article 80, item IV, of the Temporary shall have an Advisory and Monitoring Board that Constitutional Provisions Act. must include representatives of civil society, under Paragraph 2. Without prejudice to the provision of the terms of the law. paragraph 1, the Executive Branch may allocate other revenues deriving from the sale of Federal Govern- Article 80. TheF und to Fight and Eradicate Poverty ment assets to the Fund mentioned in this article. is comprised of: (CA No. 31, 2000) Paragraph 3. The resources that make up theF und I – the part of the proceeds from the collection cor- referred to in the head paragraph of this article, the responding to additional eight hundredths of one transfer of said resources to the Fund to Fight and percent, applicable from June 18, 2000, through Eradicate Poverty, and the other provisions concerning June 17, 2002, to the rate of the social contribution paragraph 1 of this article shall be regulated by law, referred to in article 75 of the Temporary Consti- and the provision of article 165, paragraph 9, item II tutional Provisions Act; of the Constitution shall not be applicable. II – the part of the proceeds from the collection corresponding to additional five percent on the Article 82. The States, the Federal District, and the rate of the federal VAT [IPI], or of the tax that may Municipalities shall institute Funds to Fight Poverty, eventually replace it, levied on luxury goods and comprised of the resources referred to in this article applicable while the Fund is in force; and other resources that may eventually be allocated for this purpose, and the said Funds shall be managed by

103 Constitution of the Federative Republic of Brazil

entities which include the participation of civil society. a) clearinghouses and providers of clearing and (CA No. 31, 2000; CA No. 42, 2003) settlement services referred to in article 2, sole para- Paragraph 1. With a view to financing the State graph, of Law no. 10,214, of March 27, 2001; Funds and the Federal District Fund, an additional b) securitization companies referred to in Law no. tax of up to two percent may be created, to raise the 9,514, of November 20, 1997; rate of the State VAT [ICMS], due on luxury goods c) business corporations whose exclusive purpose and services and observing the conditions defined is to purchase credits originating from transactions in the supplementary law referred to in article 155, carried out in the financial market; paragraph 2, XII, of the Constitution, and the provi- II – current deposit accounts, when such entries sion of article 158, IV, of the Constitution shall not are related to: be applicable to such percentage. a) stock purchase and sale transactions, effected Paragraph 2. With a view to financing the Municipal within stock exchange trading floors or electronic Funds, an additional tax of up to half of one percent systems, and in the organized over-the-counter may be created, to raise the rate of the local service market; tax [ISS], or the rate of the tax that may eventually b) contracts written on stocks or stock indices, in replace it, levied on luxury services. their various modes, negotiated in stock exchanges, commodities and futures exchanges; Article 83. A federal law shall define the luxury goods III – foreign investors’ accounts, regarding entries and services referred to in articles 80, item II, and 82, into and remittances from Brazil of funds employed paragraph 2. (CA No. 42, 2003) exclusively in transactions and contracts referred to Article 84. The provisional contribution on the move- in item II of this article. ment or transmission of monies and of credits and Paragraph 1. The Executive Branch shall regulate rights of a financial nature, set forth in articles 74, 75, the provisions of this article within thirty days as and 80, I, of this Temporary Constitutional Provisions of the date of publication of this Constitutional Act, shall be collected through December 31, 2004. Amendment. (CA No. 37, 2002; CA No. 42, 2003) Paragraph 2. The provisions of itemI of this article Paragraph 1. The effect ofL aw no. 9,311, of Octo- apply only to the transactions specified in an act issued ber 24, 1996, as well as of its alterations, is hereby by the Executive Branch, from among the transactions extended through the date mentioned in the head that constitute the purpose of said entities. paragraph of this article. Paragraph 3. The provisions of itemII of this article Paragraph 2. Of the proceeds from collection of apply only to transactions and contracts effected the social contribution mentioned in this article, the through financial institutions, securities brokerage portion corresponding to the following rates shall be houses, securities distribution companies, and com- allocated to the purposes herein stated: modities brokerage houses. I – twenty hundredths percent to the National Article 86. Debts that must be paid by the Federal, Health Fund, for the financing of health actions State, Federal District, or Municipal Tax Authorities and services; by virtue of final and unappealable judicial decisions II – ten hundredths percent to the financing of shall be paid in accordance with the provisions of social security; article 100 of the Federal Constitution, the parceling III – eight hundredths percent to the Fund to Fight rule established in the head paragraph of article 78 and Eradicate Poverty, set forth in articles 80 and 81 of this Temporary Constitutional Provisions Act not of this Temporary Constitutional Provisions Act. being applicable, if such debts meet the following Paragraph 3. The rate of the contribution mentioned cumulative conditions: (CA No. 37, 2002) in this article shall be equal to: I – having been the subject of a court order; I – thirty-eight hundredths percent in the financial II – having been defined as small amount debts by years of 2002 and 2003; the law referred to in paragraph 3 of article 100 of II – (revoked). the Federal Constitution, or by article 87 of this Article 85. The contribution mentioned in article Temporary Constitutional Provisions Act; 84 of this Temporary Constitutional Provisions Act III – their payment being outstanding, in whole or shall not be levied, as from the thirtieth day after the in part, on the date of publication of this Consti- publication of this Constitutional Amendment, on tutional Amendment. entries concerning: (CA No. 37, 2002) Paragraph 1. The debts referred to in the head para- I – current deposit accounts especially opened and graph of this article, or their respective balances, shall exclusively used for transactions carried out by: be paid in chronological order of presentation of the

104 Temporary Constitutional Provisions Act

respective court orders, with precedence over debts into a State, as well as the uniformed police officers of a higher amount. who were appointed by virtue of a federal law and are Paragraph 2. If the debts referred to in the head paid by the Union, shall be included in a special job paragraph of this article have not been subject to class to be eventually terminated within the federal partial payment yet, under the terms of article 78 government services, being ensured of their specific of this Temporary Constitutional Provisions Act, rights and advantages, whereas the payment, under they may be paid in two annual installments, as the any circumstances, of remuneration differences, as law provides. well as reimbursement or compensation of any nature, Paragraph 3.The payment of the alimony debts prior to the promulgation of this Amendment, shall referred to in this article, with due respect for the be forbidden. (CA No. 38, 2002) chronological order of their presentation, shall take Sole paragraph. The members of the uniformed police precedence over the payment of all other debts. force shall go on rendering services to the State of Article 87. For purposes of the provisions set forth in Rondônia in the quality of detailed personnel, subject paragraph 3 of article 100 of the Federal Constitution, to the legal and regulatory provisions which govern and in article 78 of this Temporary Constitutional the corps of their respective uniformed police force, Provisions Act, and until such time as the official with due regard for compatibility between the duties publication of the respective defining acts by the units of their function and their rank in the hierarchy. of the Federation is effected, the debts or bonds stated Article 90. The time limit set forth in the head para- in court orders shall be considered as being of a small graph of article 84 of this Temporary Constitutional amount, with due regard for paragraph 4 of article 100 Provisions Act is hereby extended through December of the Federal Constitution, if their amount is equal 31, 2007. (CA No. 42, 2003) to or lesser than: (CA No. 37, 2002) Paragraph 1. The effect ofL aw no. 9,311, of Octo- I – forty minimum monthly wages, in the case of ber 24, 1996, as well as of its alterations, is hereby debts owed by the Tax Authorities of the States and extended through the date mentioned in the head of the Federal District; paragraph of this article. II – thirty minimum monthly wages, in the case Paragraph 2. The rate of the contribution referred to of debts owed by the Tax Authorities of the Mu- in article 84 of this Temporary Constitutional Provi- nicipalities. sions Act shall be equal to thirty-eight hundredths Sole paragraph. Should the amount under execution per cent through the date referred to in the head exceed the amount stipulated in this article, payment paragraph of this article. shall always be made by means of a court order, the Article 91. execution creditor being entitled to waiving the credit The Union shall remit to the States and of the excess amount, so that he may opt to receive the to the Federal District the amount defined by a sup- balance without the emission of a court order, in the plementary law, in accordance with the criteria, time manner set forth in paragraph 3 of article 100. limits, and terms therein determined, taking into consideration exports of primary commodities and Article 88. Until such time as a supplementary law semi-manufactured products to other countries, the regulates the provisions of items I and III of paragraph import-export ratio, credits deriving from purchases 3 of article 156 of the Federal Constitution, the tax intended for the permanent assets, and the effec- referred to in item III of the head paragraph of said tive maintenance and utilization of the tax credits article shall: (CA No. 37, 2002) referred to in article 155, paragraph 2, X, a. (CA I – have a minimum rate of two percent, save for No. 42, 2003) the services referred to in items 32, 33, and 34 of Paragraph 1. As to the amount of funds to be remit- the List of Services appended to Decree-Law no. ted to each State, seventy-five percent of such amount 406, of December 31, 1968; shall be assigned to the State itself, and twenty-five II – not be subject to the granting of fiscal exemp- percent to its Municipalities, such percentage being tions, incentives, and benefits, should the direct or distributed in accordance with the criteria referred to indirect result of such granting be the reduction of in article 158, sole paragraph, of the Constitution. the minimum rate stipulated in item I. Paragraph 2. The remittance of funds set forth in Article 89. The members of the uniformed police force this article shall prevail, as defined in a supplemen- of the former Federal Territory of Rondônia, who, in tary law, until such time as the proceeds from the accordance with official documents, were regularly collection of the tax referred to in article 155, II, are exercising their functions and rendering services to predominantly assigned, in a proportion not below such former Territory at the time it was transformed

105 Constitution of the Federative Republic of Brazil

eighty per cent, to the State where consumption of Abigail Feitosa – Acival Gomes – Adauto Pereira – the products, goods, or services takes place. Ademir Andrade – Adhemar de Barros Filho – Adro- Paragraph 3. Until such time as the supplementary aldo Streck – Adylson Motta – Aécio de Borba – Aé- law referred to in the head paragraph is enacted, and cio Neves – Affonso Camargo –A fifD omingos – Afonso so as to replace the system of remittance of funds set Arinos – Afonso Sancho – Agassiz Almeida – Agri- forth therein, there shall remain in force the system of pino de Oliveira Lima – Airton Cordeiro – Air- remittance of funds set forth in article 31 and Sched- ton Sandoval – Alarico Abib – Albano Franco – Albérico ule of Supplementary Law no. 87, of September 13, Cordeiro – Albérico Filho – Alceni Guerra – Alci- 1996, with the wording provided by Supplementary des Saldanha – Aldo Arantes – Alércio Dias – Ale- Law no. 115, of December 26, 2002. xandre Costa – Alexandre Puzyna – Alfredo Campos Paragraph 4. The States and the Federal District – Almir Gabriel – Aloisio Vasconcelos – Aloysio shall present to the Federal Government, under the Chaves – Aloysio Teixeira – Aluizio Bezerra – Aluízio terms of instructions issued by the Finance Ministry, Campos – Álvaro Antônio – Álvaro Pacheco – Álva- information regarding the tax referred to in article ro Valle – Alysson Paulinelli – Amaral Netto – Amaury 155, II, supplied by the taxpayers who carry out Müller – Amilcar Moreira – Ângelo Magalhães – Anna transactions involving goods to be shipped abroad or Maria Rattes – Annibal Barcellos – Antero de Barros services to be delivered to foreign parties. – Antônio Câmara – Antônio Carlos Franco – An- tonio Carlos Mendes Thame –A ntônio de Jesus – An- Article 92. A period of ten years shall be added to the tonio Ferreira – Antonio Gaspar – Antonio Mariz period of time set forth in article 40 of this Temporary – Antonio Perosa – Antônio Salim Curiati – Antonio Constitutional Provisions Act. (CA No. 42, 2003) Ueno – Arnaldo Martins – Arnaldo Moraes – Arnal- Article 93. The provisions of article 159, III, and do Prieto – Arnold Fioravante – Arolde de Oliveira paragraph 4 shall only come into force after the prom- – Artenir Werner – Artur da Távola – Asdrubal Ben- ulgation of the law referred to in said item III. (CA tes – Assis Canuto – Átila Lira – Augusto Carvalho No. 42, 2003) – Áureo Mello – Basílio Villani – Benedicto Mon- teiro – Benito Gama – Beth Azize – Bezerra de Melo Article 94. The special tax regimes for micro and small – Bocayuva Cunha – Bonifácio de Andrada – Bosco businesses which are specific of theU nion, the States, França – Brandão Monteiro – Caio Pompeu – Car- the Federal District, and the Municipalities shall be los Alberto – Carlos Alberto Caó – Carlos Benevides discontinued as from the date the regime set forth – Carlos Cardinal – Carlos Chiarelli – Carlos Cotta in article 146, III, d, of the Constitution comes into – Carlos De’Carli – Carlos Mosconi – Carlos force. (CA No. 42, 2003) Sant’Anna – Carlos Vinagre – Carlos Virgílio – Car- Article 95. Persons born abroad between June 7, rel Benevides – Cássio Cunha Lima – Célio de Cas- 1994, and the date of enactment of this Constitu- tro – Celso Dourado – César Cals Neto – César Maia tional Amendment, to a Brazilian father or a Brazilian – Chagas Duarte – Chagas Neto – Chagas Rodrigues mother, may be registered with a Brazilian diplomatic – Chico Humberto – Christóvam Chiaradia – Cid or consular authority, or with an official registry if they Carvalho – Cid Sabóia de Carvalho – Cláudio Ávila come to reside in the Federative Republic of Brazil. – Cleonâncio Fonseca – Costa Ferreira – Cristina (CA No. 54, 2007) Tavares – Cunha Bueno – Dálton Canabrava – Darcy Deitos – Darcy Pozza – Daso Coimbra – Davi Alves Silva – Del Bosco Amaral – Delfim Netto – Délio Brasília, October 5, 1988. Braz – Denisar Arneiro – Dionisio Dal Prá – Dioní- sio Hage – Dirce Tutu Quadros – Dirceu Carnei- Ulysses Guimarães, President – Mauro Benevides, ro – Divaldo Suruagy – Djenal Gonçalves – Domin- First Vice President – Jorge Arbage, Second Vice gos Juvenil – Domingos Leonelli – Doreto President – Marcelo Cordeiro, First Secretary – Mário Campanari – Edésio Frias – Edison Lobão – Edival- Maia, Second Secretary – Arnaldo Faria de Sá, Third do Motta – Edme Tavares – Edmilson Valentim – Secretary – Benedita da Silva, First Substitute Secre- Eduardo Bonfim – Eduardo Jorge – Eduardo Mo- tary – Luiz Soyer, Second Substitute Secretary – So- reira – Egídio Ferreira Lima – Elias Murad – Eliel tero Cunha, Third Substitute Secretary – Bernardo Rodrigues – Eliézer Moreira – Enoc Vieira – Eraldo Cabral, Reporter-General – Adolfo Oliveira, Adjunct Tinoco – Eraldo Trindade – Erico Pegoraro – Ervin Reporter – Antonio Carlos Konder Reis, Adjunct Bonkoski – Etevaldo Nogueira – Euclides Scalco – Eu- Reporter – José Fogaça, Adjunct Reporter. nice Michiles – Evaldo Gonçalves – Expedito Ma- chado – Ézio Ferreira – Fábio Feldmann – Fábio Raunheitti – Farabulini Júnior – Fausto Fernandes

106 Temporary Constitutional Provisions Act

– Fausto Rocha – Felipe Mendes – Feres Nader – Fer- Thomaz Nonô – José Tinoco – José Ulísses de Oli- nando Bezerra Coelho – Fernando Cunha – Fernan- veira – José Viana – José Yunes – Jovanni Masini – Ju- do Gasparian – Fernando Gomes – Fernando Hen- arez Antunes – Júlio Campos – Júlio Costamilan – Ju- rique Cardoso – Fernando Lyra – Fernando Santana tahy Júnior – Jutahy Magalhães – Koyu Iha – Lael – Fernando Velasco – Firmo de Castro – Flavio Pal- Varella – Lavoisier Maia – Leite Chaves – Lélio Sou- mier da Veiga – Flávio Rocha – Florestan Fernandes za – Leopoldo Peres – Leur Lomanto – Levy Dias – Floriceno Paixão – França Teixeira – Francisco – Lézio Sathler – Lídice da Mata – Louremberg Amaral – Francisco Benjamim – Francisco Carneiro Nunes Rocha – Lourival Baptista – Lúcia Braga – Lú- – Francisco Coelho – Francisco Diógenes – Francis- cia Vânia – Lúcio Alcântara – Luís Eduardo – Luís co Dornelles – Francisco Küster – Francisco Pinto Roberto Ponte – Luiz Alberto Rodrigues – Luiz – Francisco Rollemberg – Francisco Rossi – Francis- Freire – Luiz Gushiken – Luiz Henrique – Luiz co Sales – Furtado Leite – Gabriel Guerreiro – Gan- Inácio Lula da Silva – Luiz Leal – Luiz Marques – Luiz di Jamil – Gastone Righi – Genebaldo Correia – Ge- Salomão – Luiz Viana – Luiz Viana Neto – Lysâne- nésio Bernardino – Geovani Borges – Geraldo as Maciel – Maguito Vilela – Maluly Neto – Mano- Alckmin Filho – Geraldo Bulhões – Geraldo Campos el Castro – Manoel Moreira – Manoel Ribeiro – Man- – Geraldo Fleming – Geraldo Melo – Gerson Ca- sueto de Lavor – Manuel Viana – Márcia Kubitschek mata – Gerson Marcondes – Gerson Peres – Gidel – Márcio Braga – Márcio Lacerda – Marco Maciel Dantas – Gil César – Gilson Machado – Gonzaga – Marcondes Gadelha – Marcos Lima – Marcos Patriota – Guilherme Palmeira – Queiroz – Maria de Lourdes Abadia – Maria Lúcia Gumercindo Milhomem – Gustavo de Faria – Har- – Mário Assad – Mário Covas – Mário de Oliveira lan Gadelha – Haroldo Lima – Haroldo Sabóia – Hé- – Mário Lima – Marluce Pinto – Matheus Iensen lio Costa – Hélio Duque – Hélio Manhães – Hélio – Mattos Leão – Maurício Campos – Maurício Cor- Rosas – Henrique Córdova – Henrique Eduardo rea – Maurício Fruet – Maurício Nasser – Maurício Alves – Heráclito Fortes – Hermes Zaneti – Hilário Pádua – Maurílio Ferreira Lima – Mauro Borges – Braun – Homero Santos – Humberto Lucena – Hum- Mauro Campos – Mauro Miranda – Mauro Sampaio berto Souto – Iberê Ferreira – Ibsen Pinheiro – Ino- – Max Rosenmann – Meira Filho – Melo Freire – cêncio Oliveira – Irajá Rodrigues – Iram Saraiva – Ira- Mello Reis – Mendes Botelho – Mendes Canale – puan Costa Júnior – Irma Passoni – Ismael Mendes Ribeiro – Messias Góis – Messias Soares – Mi- Wanderley – Israel Pinheiro – Itamar Franco – Ivo chel Temer – Milton Barbosa – Milton Lima – Milton Cersósimo – Ivo Lech – Ivo Mainardi – Ivo Vander- Reis – Miraldo Gomes – Miro Teixeira – Moema São linde – Jacy Scanagatta – Jairo Azi – Jairo Carneiro Thiago – Moysés Pimentel – Mozarildo Cavalcanti – Jalles Fontoura – Jamil Haddad – Jarbas Passarinho – Mussa Demes – Myrian Portella – Nabor Júnior – Jayme Paliarin – Jayme Santana – Jesualdo Caval- – Naphtali Alves de Souza – Narciso Mendes – Nel- canti – Jesus Tajra – Joaci Góes – João Agripino – João son Aguiar – Nelson Carneiro – Nelson Jobim – Nel- Alves – João Calmon – João Carlos Bacelar – João son Sabrá – Nelson Seixas – Nelson Wedekin – Nel- Castelo – João Cunha – João da Mata – João de Deus ton Friedrich – Nestor Duarte – Ney Maranhão – Nilso Antunes – João Herrmann Neto – João Lobo – João Sguarezi – Nilson Gibson – Nion Albernaz – Noel Machado Rollemberg – João Menezes – João Natal de Carvalho – Nyder Barbosa – Octávio Elísio – Oda- – João Paulo – João Rezek – Joaquim Bevilácqua – Jo- cir Soares – Olavo Pires – Olívio Dutra – Onofre aquim Francisco – Joaquim Hayckel – Joaquim Corrêa – Orlando Bezerra – Orlando Pacheco – Os- Sucena – Jofran Frejat – Jonas Pinheiro – Jonival car Corrêa – Osmar Leitão – Osmir Lima – Osmun- Lucas – Jorge Bornhausen – Jorge Hage – Jorge do Rebouças – Osvaldo Bender – Osvaldo Coelho Leite – Jorge Uequed – Jorge Vianna – José Agripino – Osvaldo Macedo – Osvaldo Sobrinho – Oswaldo – José Camargo – José Carlos Coutinho – José Car- Almeida – Oswaldo Trevisan – Ottomar Pinto – Paes los Grecco – José Carlos Martinez – José Carlos de Andrade – Paes Landim – Paulo Delgado – Pau- Sabóia – José Carlos Vasconcelos – José Costa – José lo Macarini – Paulo Marques – Paulo Mincarone – da Conceição – José Dutra – José Egreja – José Elias Paulo Paim – Paulo Pimentel – Paulo Ramos – Pau- – José Fernandes – José Freire – José Genoíno – José lo Roberto – Paulo Roberto Cunha – Paulo Silva Geraldo – José Guedes – José Ignácio Ferreira – José – Paulo Zarzur – Pedro Canedo – Pedro Ceolin – Per- Jorge – José Lins – José Lourenço – José Luiz de Sá cival Muniz – Pimenta da Veiga – Plínio Arruda – José Luiz Maia – José Maranhão – José Maria Sampaio – Plínio Martins – Pompeu de Sousa – Ra- Eymael – José Maurício – José Melo – José Mendon- chid Saldanha Derzi – Raimundo Bezerra – Raimun- ça Bezerra – José Moura – José Paulo Bisol – José do Lira – Raimundo Rezende – Raquel Cândido – Ra- Queiroz – José Richa – José Santana de Vasconcellos quel Capiberibe – Raul Belém – Raul Ferraz – Renan – José Serra – José Tavares – José Teixeira – José Calheiros – Renato Bernardi – Renato Johnsson –

107 Constitution of the Federative Republic of Brazil

Renato Vianna – Ricardo Fiuza – Ricardo Izar – Rita Camata – Rita Furtado – Roberto Augusto – Rober- to Balestra – Roberto Brant – Roberto Campos – Ro- berto D’Ávila – Roberto Freire – Roberto Jefferson – Roberto Rollemberg – Roberto Torres – Roberto Vital – Robson Marinho – Rodrigues Palma – Ro- naldo Aragão – Ronaldo Carvalho – Ronaldo Cezar Coelho – Ronan Tito – Ronaro Corrêa – Rosa Prata – Rose de Freitas – Rospide Netto – Rubem Bran- quinho – Rubem Medina – Ruben Figueiró – Ru- berval Pilotto – Ruy Bacelar – Ruy Nedel – Sadie Hauache – Salatiel Carvalho – Samir Achôa – Sandra Cavalcanti – Santinho Furtado – Sarney Filho – Sau- lo Queiroz – Sérgio Brito – Sérgio Spada – Sérgio Werneck – Severo Gomes – Sigmaringa Seixas – Síl- vio Abreu – Simão Sessim – Siqueira Campos – Só- lon Borges dos Reis – Stélio Dias – Tadeu França – Tel- mo Kirst – Teotonio Vilela Filho – Theodoro Mendes – Tito Costa – Ubiratan Aguiar – Ubiratan Spinelli – Uldurico Pinto – Valmir Campelo – Valter Pereira – Vasco Alves – Vicente Bogo – Victor Faccioni – Vic- tor Fontana – Victor Trovão – Vieira da Silva – Vil- son Souza – Vingt Rosado – Vinicius Cansanção – Virgildásio de Senna – Virgílio Galassi – Virgílio Guimarães – Vitor Buaiz – Vivaldo Barbosa – Vla- dimir Palmeira – Wagner Lago – Waldec Ornélas – Waldyr Pugliesi – Walmor de Luca – Wilma Maia – Wilson Campos – Wilson Martins – Ziza Valadares.

Participants: Álvaro Dias – Antônio Britto – Bete Mendes – Borges da Silveira – Cardoso Alves – Edivaldo Holanda – Expedito Júnior – Fadah Gattass – Francisco Dias – Geovah Amarante – Hélio Gueiros – Horácio Ferraz – Hugo Napoleão – Iturival Nascimento – Ivan Bonato – Jorge Medauar – José Mendonça de Morais – Leopoldo Bessone – Marcelo Miranda – Mauro Fecury – Neuto de Conto – Nival- do Machado – Oswaldo Lima Filho – Paulo Almada – Prisco Viana – Ralph Biasi – Rosário Congro Neto – Sérgio Naya – Tidei de Lima.

In Memoriam: Alair Ferreira – Antônio Farias – Fábio Lucena – Norberto Schwantes – Virgílio Távora.

Published in the Official Journal, October 5, 1988.

108 CONSTITUTIONAL AMENDMENTs Constitutional Amendments

– CONSTITUTIONAL Brasília, March 31, 1992.

AMENDMENT No. 1, 1992 – THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Deputy Ibsen Pinheiro, President – Deputy Waldir Pires, Second Vice President – Deputy Cunha Bueno, Third Secretary – Deputy Max Rosenmann, Fourth Provides for the remuneration of State Secretary. Deputies and City Councilmen. THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator Mauro Benevides, President – Senator Ale- TheD irecting Boards of the Chamber of Deputies and xandre Costa, First Vice President – Senator Carlos of the Federal Senate, under the terms of paragraph 3 of De’Carli, Second Vice President – Senator Dirceu article 60, of the Federal Constitution, promulgate the Carneiro, First Secretary – Senator Márcio Lacerda, following Amendment to the constitutional text: Second Secretary – Senator Iram Saraiva, Fourth Secretary.

Article 1. Paragraph 2 of article 27 of the Constitu- Published in the Official Journal, April 6, 1992. tion shall henceforth be in force with the following wording: “Article 27 ...... Paragraph 2. The remuneration of the State Deputies shall be established in each legislative term, for the subsequent one, by the Legislative Assembly, as provided by articles 150, II, 153, III, and 153, paragraph 2, I, in the proportion of seventy-five percent, at most, of the remunera- tion established, in legal tender, for the Federal Deputies...... ”

Article 2. The following itemsVI and VII are added to article 29 of the Constitution, the subsequent ones being renumbered: “Article 29 ...... VI – the remuneration of the City Councilmen shall correspond, at the most, to seventy-five percent of the remuneration established, in legal tender, for the State Deputies, except for the provisions of article 37, XI; VII – the total expenditure with the remunera- tion of the City Councilmen may not exceed the amount of five percent of the revenue of the Municipality; ...... ”

Article 3. This ConstitutionalA mendment shall come into force on the date of its publication.

111 Constitution of the Federative Republic of Brazil

– CONSTITUTIONAL nha Derzi, Third Secretary – Senator Iram Saraiva, Fourth Secretary. AMENDMENT No. 2, 1992 – Published in the Official Journal, September 1, 1992.

Provides for the plebiscite set forth in article 2 of the Temporary Con- stitutional Provisions Act.

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

Sole article. The plebiscite mentioned in article 2 of the Temporary Constitutional Provisions Act shall be held on April 21, 1993. Paragraph 1. The form and system of government defined by the plebiscite shall become effective on January 1, 1995. Paragraph 2. The law may provide for the holding of the plebiscite, including provisions for the free divulgation, free of charge, of the forms and systems of government, through public utility mass commu- nication vehicles, equal allotment of time and parity of scheduling being ensured. Paragraph 3. The rule set forth in the preceding paragraph does not preclude the competence of the Superior Electoral Court to issue instructions neces- sary to the holding of the plebiscite.

Brasília, August 25, 1992.

THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Deputy Ibsen Pinheiro, President – Deputy Genésio Bernardino, First Vice President – Deputy Waldir Pires, Second Vice President – Deputy Inocêncio Oliveira, First Secretary – Deputy Etevaldo Nogueira, Second Secretary – Deputy Cunha Bueno, Third Secretary – Deputy Max Rosenmann, Fourth Secretary.

THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator Mauro Benevides, President – Senator Alexandre Costa, First Vice President – Senator Carlos De’Carli, Second Vice President – Senator Dirceu Carneiro, First Secretary – Senator Márcio Lacerda, Second Secretary – Senator Rachid Salda-

112 Constitutional Amendments

– CONSTITUTIONAL Paragraph 6. Any subsidy or exemption, reduc- tion of assessment basis, concession of presumed AMENDMENT No. 3, 1993 – credit, amnesty or remission, related to taxes, fees or contributions, may only be granted by means of a specific federal, state or municipal law, which provides exclusively for the above-enumerated matters or the corresponding tax, fee or contribu- TheD irecting Boards of the Chamber of Deputies and tion, without prejudice to the provisions of article of the Federal Senate, under the terms of paragraph 3 of 155, paragraph 2, item XII, g. article 60, of the Federal Constitution, promulgate the Paragraph 7. The law may impose upon the following Amendment to the constitutional text: taxpayer the burden of the payment of a tax or contribution, whose taxable event will occur later, the immediate and preferential restitution of the Article 1. The provisions of theF ederal Constitution amount paid being ensured, in case the presumed enumerated below shall henceforth be in force with taxable event does not occur.” the following alterations: “Article 155. The states and theF ederal District “Article 40...... shall have the power to institute taxes on: Paragraph 6. The retirement and pension benefits I – transfer by death and donation of any prop- of the federal civil servants shall be financed by erty or rights; resources originating from the Union and from II – transactions relating to the circulation of the contributions of the civil servants, under the goods and to the rendering of interstate and terms of the law.” intermunicipal transportation services and services of communication, even when such transactions “Article 42...... and renderings begin abroad; Paragraph 10. The provisions in article 40, para- III – ownership of automotive vehicles. graphs 4, 5, and 6 apply to the servicemen referred Paragraph 1. The tax established in item I: to in this article and to their pensioners...... ” Paragraph 2. The tax established in itemII shall observe the following: “Article 102...... I – ...... Paragraph 3. With the exception of the taxes a) direct actions of unconstitutionality of a federal mentioned in item II of the head paragraph of or state law or normative act, and declaratory the present article, and article 153, I and II, actions of constitutionality of a federal law or nor- no other tribute may be levied on transactions mative act; ...... concerning electric energy, telecommunications Paragraph 1. A claim of non-compliance with a services, petroleum by-products, fuels and miner- fundamental precept deriving from this Constitu- als of the country.” tion shall be examined by the Supreme Federal Court, under the terms of the law. “Article 156...... Paragraph 2. Final decisions on merits, pro- III – services of any nature not included in article nounced by the Supreme Federal Court, in de- 155, II, as defined in a supplementary law. claratory actions of constitutionality of a federal ...... law or normative act, shall have force against Paragraph 3. As regards the tax established in all, as well as a binding effect, as regards the item III, a supplementary law shall: other bodies of the Judicial Power, as well as the I – establish its maximum rates; Executive Power.” II – exclude exportations of services to other countries from levy of the said tax.” “Article 103...... Paragraph 4. A declaratory action of constitution- “Article 160...... ality may be filed by theP resident of the Republic, Sole paragraph. The prohibition mentioned in the directing board of the Federal Senate, the the present article does not prevent the Union and directing board of The Chamber of theD eputies the states from remitting the funds on condition or by the Attorney-General of the Republic.” of payment of their credits, including those of the autonomous government agencies.” “Article 150......

113 Constitution of the Federative Republic of Brazil

“Article 167...... public debt bonds up to the amount necessary to IV – to bind tax revenues to an agency, fund or refinance the principal, adequately updated, of its expense, excepting the sharing of the proceeds liabilities, represented by that type of bonds, with the from the collection of the taxes referred to in exception of the provisions of article 33, sole paragraph, articles 158 and 159, the allocation of funds of the Temporary Constitutional Provisions Act. for the maintenance and development of edu- Article 6. cation, as determined in article 212, and the Item IV and paragraph 4 of article 156 of granting of guarantees on credit transactions the Federal Constitution are hereby revoked. by advance of revenues, as established in article 165, paragraph 8, as well as in paragraph 4 of Brasília, March 17, 1993. the present article; ...... THE DIRECTING BOARD OF THE CHAMBER Paragraph 4. It is permitted to bind proper OF DEPUTIES: revenues generated by the taxes referred to in Deputy Inocêncio Oliveira, President – Deputy Adyl- articles 155 and 156, and the funds mentioned son Motta, First Vice President – Deputy Fernando in articles 157, 158 and 159, I, a and b, and II, to Lyra, Second Vice President – Deputy Wilson Cam- the granting of a guarantee or a counterguarantee pos, First Secretary – Deputy Cardoso Alves, Second to the Union, and to the payment of debits owed Secretary – Deputy B. Sá, Fourth Secretary. to the same.” THE DIRECTING BOARD OF THE FEDERAL Article 2. TheU nion may institute, under the terms SENATE: of a supplementary law, effective untilD ecember 31, Senator Humberto Lucena, President – Senator 1994, a tax on the transaction or transfer of securities Chagas Rodrigues, First Vice President – Senator Levy and of credits and rights of a financial nature. Dias, Second Vice President – Senator Júlio Cam- pos, First Secretary – Senator Nabor Júnior, Second Paragraph 1. The rate of the tax mentioned in the Secretary – Senator Júnia Marise, Third Secretary present article shall not exceed twenty-five hundredths – Senator Nelson Wedekin, Fourth Secretary. percent, and the Executive Power may reduce it or re-establish it, in whole or in part, under the condi- Published in the Official Journal, March 18, 1993. tions and limits set forth in law. Paragraph 2. Article 150, III, b, and VI, and the provisions of paragraph 5 of article 153 of this Con- stitution do not apply to the tax mentioned in the present article. Paragraph 3. The proceeds from the collection of the tax mentioned in the present article are not subject to any mode of sharing with another unit of the federation. Paragraph 4. (Revoked). Article 3. The elimination of the tax additional to income tax, within the competence of the states, de- riving from the present Constitutional Amendment, shall only become effective as of January 1, 1996, the corresponding rate being reduced to at least two and a half percent in the fiscal year of 1995. Article 4. The elimination of the tax on the retail sales of liquid and gaseous fuels, within the competence of the municipalities, deriving from the present Con- stitutional Amendment, shall only become effective as of January 1, 1996, the corresponding rate being reduced to at least one and a half percent in the fiscal year of 1995. Article 5. Until December 31, 1999, the states, the Federal District and the municipalities may only issue

114 Constitutional Amendments

– CONSTITUTIONAL – CONSTITUTIONAL AMENDMENT No. 4, 1993 – AMENDMENT No. 5, 1995 –

Gives new wording to article 16 of Alters paragraph 2 of article 25 of the Federal Constitution. the Federal Constitution.

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

Sole article. Article 16 of the Federal Constitution shall Sole article. Paragraph 2 of article 25 of the Federal henceforth be in force with the following wording: Constitution shall henceforth be in force with the following wording: “Article 16. The law that alters the electoral procedure shall come into force on the date of “The states shall have the power to operate, di- its publication, and shall not apply to the elec- rectly or by means of concession, the local services tions that take place within one year of it being of piped gas, as provided for by law, it being in force.” forbidden to issue any provisional measure for its regulation.” Brasília, September 14, 1993. Brasília, August 15, 1995. THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: THE DIRECTING BOARD OF THE CHAMBER Deputy Inocêncio Oliveira, President – Deputy OF DEPUTIES: Wilson Campos, First Secretary – Deputy Cardoso Luís Eduardo, President – Ronaldo Perim, First Vice Alves, Second Secretary – Deputy B. Sá, Fourth President – Beto Mansur, Second Vice President Secretary. – Wilson Campos, First Secretary – Leopoldo Bes- sone, Second Secretary – Benedito Domingos, Third THE DIRECTING BOARD OF THE FEDERAL Secretary – João Henrique, Fourth Secretary. SENATE: Senator Humberto Lucena, President – Senator THE DIRECTING BOARD OF THE FEDERAL Chagas Rodrigues, First Vice President – Senator SENATE: Levy Dias, Second Vice President – Senator Júlio José Sarney, President – Teotonio Vilela Filho, First Campos, First Secretary – Senator Nabor Júnior, Vice President – Júlio Campos, Second Vice Presi- Second Secretary. dent – Odacir Soares, First Secretary – Renan Calhei- ros, Second Secretary – Levy Dias, Third Secretary Published in the Official Journal, September 15, – Ernandes Amorim, Fourth Secretary. 1993. Published in the Official Journal, August 16, 1995.

115 Constitution of the Federative Republic of Brazil

– CONSTITUTIONAL Brasília, August 15, 1995.

AMENDMENT No. 6, 1995 – THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Luís Eduardo, President – Ronaldo Perim, First Vice President – Beto Mansur, Second Vice President – Wilson Campos, First Secretary – Leopoldo Bes- Alters item IX of article 170, article sone, Second Secretary – Benedito Domingos, Third 171, and paragraph 1 of article 176 Secretary – João Henrique, Fourth Secretary. of the Federal Constitution. THE DIRECTING BOARD OF THE FEDERAL SENATE: José Sarney, President – Teotonio Vilela Filho, First TheD irecting Boards of the Chamber of Deputies and Vice President – Júlio Campos, Second Vice Presi- of the Federal Senate, under the terms of paragraph 3 of dent – Odacir Soares, First Secretary – Renan Calhei- article 60 of the Federal Constitution, promulgate the ros, Second Secretary – Levy Dias, Third Secretary following Amendment to the constitutional text: – Ernandes Amorim, Fourth Secretary.

Published in the Official Journal, August 16, 1995. Article 1. Item IX of article 170 and paragraph 1 of article 176 of the Federal Constitution shall henceforth be in force with the following wording: “Article 170...... IX – preferential treatment for small entreprises organized under Brazilian laws and having their head-office and management in Brazil.” “Article 176...... Paragraph 1. The prospecting and mining of mineral resources and the utilization of the po- tentials mentioned in the head paragraph of this article may only take place with authorization or concession by the Union, in the national interest, by Brazilians or by a company organized under Brazilian laws and having its head-office and management in Brazil, in the manner set forth by law, which law shall establish specific conditions when such activities are to be conducted in the boundary zone or on Indian lands.”

Article 2. The following article 246 shall be included in Title IX – “General Constitutional Provisions”:

“Article 246. The adoption of any provisional measure for the regulation of any article of the Constitution the wording of which has been altered by means of an amendment enacted as of 1995 is forbidden.”

Article 3. Article 171 of the Federal Constitution is hereby revoked.

116 Constitutional Amendments

– CONSTITUTIONAL THE DIRECTING BOARD OF THE FEDERAL SENATE: AMENDMENT No. 7, 1995 – José Sarney, President – Teotonio Vilela Filho, First Vice President – Júlio Campos, Second Vice President – Odacir Soares, First Secretary – Renan Calheiros, Second Secretary – Levy Dias, Third Secretary – Er- nandes Amorim, Fourth Secretary. Alters article 178 of the Federal Constitution and provides for the Published in the Official Journal, August 16, 1995. adoption of Provisional Measures.

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

Article 1. Article 178 of the Federal Constitution shall henceforth be in force with the following wording:

“Article 178. The law shall provide for the regula- tion of air, water and ground transportation, and it shall, in respect to the regulation of international transportation, comply with the agreements en- tered into by the Union, with due regard to the principle of reciprocity. Sole paragraph. In regulating water transporta- tion, the law shall set forth the conditions in which the transportation of goods in coastal and internal navigation will be permitted to foreign vessels.”

Article 2. The following article 246 shall be included in Title IX – “General Constitutional Provisions”:

“Article 246. The adoption of any provisional measure for the regulation of any article of the Constitution the wording of which has been altered by means of an amendment enacted as of 1995 is forbidden.”

Brasília, August 15, 1995.

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

117 Constitution of the Federative Republic of Brazil

– CONSTITUTIONAL THE DIRECTING BOARD OF THE FEDERAL SENATE: AMENDMENT No. 8, 1995 – José Sarney, President – Teotonio Vilela Filho, First Vice President – Júlio Campos, Second Vice President – Odacir Soares, First Secretary – Renan Calheiros, Second Secretary – Levy Dias, Third Secretary – Er- nandes Amorim, Fourth Secretary. Alters item XI and subitem “a” of item XII of article 21 of the Federal Published in the Official Journal, August 16, 1995. Constitution.

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

Article 1. Item XI and subitem a of item XII of article 21 of the Federal Constitution shall henceforth be in force with the following wording:

“Article 21. TheU nion shall have the power to: ...... XI – operate, directly or through authorization, concession or permission, the telecommunica- tions services, as set forth by law, which law shall provide for the organization of the services, the establishment of a regulatory agency and other institutional issues; XII – operate, directly or through authorization, concession or permission: a) the services of sound broadcasting and of sound and image broadcasting; ...... ”

Article 2. The adoption of any Provisional Measure for the regulation of the matter set forth in item XI of article 21 with the wording given by this constitutional amendment is forbidden.

Brasília, August 15, 1995.

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

118 Constitutional Amendments

– CONSTITUTIONAL – Wilson Campos, First Secretary – Leopoldo Bes- sone, Second Secretary – Benedito Domingos, Third AMENDMENT No. 9, 1995 – Secretary – João Henrique, Fourth Secretary.

THE DIRECTING BOARD OF THE FEDERAL SENATE: José Sarney, President – Teotonio Vilela Filho, First Gives new wording to article 177 of Vice President – Júlio Campos, Second Vice Presi- the Federal Constitution, altering dent – Odacir Soares, First Secretary – Renan Calhei- and inserting paragraphs. ros, Second Secretary – Levy Dias, Third Secretary – Ernandes Amorim, Fourth Secretary.

Published in the Official Journal, November 10, TheD irecting Boards of the Chamber of Deputies and 1995. of the Federal Senate, under the terms of paragraph 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 following wording:

“Article 177...... Paragraph 1. The Union may contract with state-owned or with private enterprises for the execution of the activities provided for in items I through IV of this article, with due regard for the conditions set forth by law.”

Article 2. A paragraph shall be included, to be num- bered as paragraph 2, with the following wording, the present paragraph 2 becoming paragraph 3, in article 177 of the Federal Constitution:

“Article 177...... Paragraph 2. The law referred to in paragraph 1 shall provide for: I – a guarantee of supply of petroleum products in the whole national territory; II- the conditions of contracting; III- the structure and duties of the regulatory agency of the monopoly of the Union.”

Article 3. The issuing of any provisional measure for the regulation of the matter set forth in items I through IV and in paragraphs 1 and 2 of article 177 of the Federal Constitution is forbidden.

Brasília, November 9, 1995.

THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Luís Eduardo, President – Ronaldo Perim, First Vice President – Beto Mansur, Second Vice President

119 Constitution of the Federative Republic of Brazil

– CONSTITUTIONAL I – ...... ; II – the part of the proceeds from the collection AMENDMENT No. 10, 1996 – of the tax on income and earnings of any nature, and of the tax on credit, foreign exchange and insurance transactions, or transactions relating to bonds and securities, resulting from the changes generated by Law 8,894 of June 21, 1994, and Alters articles 71 and 72 of the Tem- by Laws 8,849 and 8,848, both dated January porary Constitutional Provisions Act, 28, 1994 and further modifications; introduced by the Revision Constitu- III – the part of the proceeds from the collection tional Amendment no.1 of 1994. due to the increase of the rate of welfare contri- bution on the profit of taxpayers mentioned in paragraph 1 of article 22 of Law 8,212 of July 24, 1991, which, in the fiscal years of 1994 and 1995, TheD irecting Boards of the Chamber of Deputies and as well as in the period from January 1, 1996 of the Federal Senate, under the terms of paragraph 3 of through June 30, 1997, shall be of 30 percent, article 60 of the Federal Constitution, promulgate the subject to modification by ordinary law, the other following Amendment to the constitutional text: stipulations of Law 7,689 of December 15, 1988 remaining unchanged; IV – twenty percent of the proceeds from the col- Article 1. Article 71 of the Temporary Constitutional lection of all taxes and contributions to the Union, Provisions Act shall henceforth be in force with the already instituted or to be instituted, except those following wording: provided by items I, II and III, with due regard “Article 71. TheE mergency Social Fund is hereby to the provisions of paragraphs 3 and 4; instituted for the fiscal years of 1994 and 1995, V – the part of the proceeds from the collection as well as for the period from January 1, 1996 of the contribution mentioned in Supplementary through June 30, 1997, aiming at the finan- Law 7, of September 7, 1970, owed by the juridi- cial recuperation of the Federal Public Finances cal entities referred to in item III of this article, and the economic stabilization, the resources of which will be calculated, in the fiscal years of 1994 which shall be applied primarily to the actions and 1995, as well as in the period from January of the health and education systems, the welfare 1, 1996 through June 30, 1997, through the benefits and welfare assistance of permanent na- employment of a rate of seventy five hundredths of ture, including the payment of welfare debts and one percent, subject to modification by ordinary budgetary expenditures associated to programs of law, on the gross operating income, as defined great economic and social interest. in the legislation of income tax and earnings of Paragraph 1. The provision of the final part of any nature; and item II of paragraph 9 of article 165 of the Con- VI – ...... Paragraph 1. stitution shall not apply to the Fund established ...... Paragraph 2. by this article. The parts referred to in items I, Paragraph 2. From the beginning of the 1996 II, III and V shall be previously deducted from fiscal year on, theF und established by this article the calculation base of any legal or constitutional shall be called Fiscal Stabilization Fund. designation or participation, and the provisions Paragraph 3. The Executive Power shall pub- of articles 159, 212 and 239 of the Constitution lish, on a bimonthly basis, a budget execution shall not apply to them. Paragraph 3. statement, which statement shall list the sources The part referred to in item IV and applications of the Fund established by this shall be previously deducted from the calculation article.” base of any constitutional or legal designation or participation stipulated by articles 153, paragraph 5, 157, II, 212 and 239 of the Constitution. Article 2. Article 72 of the Temporary Constitutional Paragraph 4. The provision of the former para- Provisions Act shall henceforth be in force with the graph shall not apply to the resources provided by following wording: articles 158, II, and 159 of the Constitution. “Article 72. TheE mergency Social Fund is com- Paragraph 5. The part of the resources originat- prised of: ing from the tax on income and earnings of any nature, designated for the Emergency Social Fund,

120 Constitutional Amendments

as provided by item II of this article, shall not – CONSTITUTIONAL exceed five and six-tenths of one percent of the total proceeds from its collection.” AMENDMENT No. 11, 1996 –

Article 3. This ConstitutionalA mendment shall come into force on the date of its publication.

Brasília, March 4, 1996. Allows the hiring of foreign profes- sors, technicians and scientists by THE DIRECTING BOARD OF THE CHAMBER the Brazilian universities and grants OF DEPUTIES: autonomy to the scientific and tech- nological research institutions. Luís Eduardo, President – Ronaldo Perim, First Vice President – Beto Mansur, Second Vice President – Wilson Campos, First Secretary – Leopoldo Bes- sone, Second Secretary – Benedito Domingos, Third TheD irecting Boards of the Chamber of Deputies and Secretary – João Henrique, Fourth Secretary. of the Federal Senate, under the terms of paragraph 3 of article 60 of the Federal Constitution, promulgate the THE DIRECTING BOARD OF THE FEDERAL following Amendment to the constitutional text: SENATE: José Sarney, President – Teotonio Vilela Filho, First Vice President – Júlio Campos, Second Vice Presi- Article 1. Two paragraphs are added to article 207 of the dent – Odacir Soares, First Secretary – Renan Calhei- Federal Constitution, with the following wording: ros, Second Secretary – Levy Dias, Third Secretary – Ernandes Amorim, Fourth Secretary. “Article 207...... Paragraph 1. The universities are permitted to Published in the Official Journal, March 7, 1996. hire foreign professors, technicians and scientists as provided by law. Paragraph 2. The provisions of this article apply to scientific and technological research institutions.”

Article 2. ThisA mendment shall come into force on the date of its publication.

Brasília, April 30, 1996.

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

THE DIRECTING BOARD OF THE FEDERAL SENATE: José Sarney, President – Teotonio Vilela, First Vice President – Júlio Campos, Second Vice President – Odacir Soares, First Secretary – Renan Calhei- ros, Second Secretary – Levy Dias, Third Secretary – Ernandes Amorim, Fourth Secretary.

Published in the Official Journal, May 2, 1996.

121 Constitution of the Federative Republic of Brazil

– CONSTITUTIONAL Brasília, August 15, 1996.

AMENDMENT No. 12, 1996 – THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Luís Eduardo, President – Ronaldo Perim, First Vice President – Beto Mansur, Second Vice President – Wilson Campos, First Secretary – Leopoldo Bes- Grants competency to the Union to sone, Second Secretary – Benedito Domingos, Third establish: provisional contribution Secretary – João Henrique, Fourth Secretary. on the movement or transmission of monies and of credits and rights of THE DIRECTING BOARD OF THE FEDERAL financial nature. SENATE: José Sarney, President – Teotonio Vilela Filho, First Vice President – Júlio Campos, Second Vice President – Odacir Soares, First Secretary – Renan The Directing Boards of the Chamber of Deputies Calheiros, Second Secretary – Ernandes Amorim, and of the Federal Senate, promulgate, under the Fourth Secretary – Eduardo Suplicy, Substitute terms of paragraph 3 of article 60 of the Federal Secretary. Constitution, the following Amendment to the con- stitutional text: Published in the Official Journal, August 16, 1996.

Sole article. Article 74 is included in the Temporary Constitutional Provisions Act, with the following wording: “Article 74. TheU nion may establish provisional contribution on the movement or transmission of monies and of credits and rights of financial nature. Paragraph 1. The rate of the contribution men- tioned in this article shall not exceed twenty-five hundredths of one percent, and the Executive Power may reduce it or reestablish it, in whole or in part, in the conditions and limits provided for by law. Paragraph 2. The provisions of articles 153, paragraph 5, and 154, I, of the Constitution shall not apply to the contribution mentioned in this article. Paragraph 3. The whole of the proceeds from the collection of the contribution mentioned in this article shall be allocated to the National Health Foundation for the financing of health actions and services. Paragraph 4. The liability for the contribution mentioned in this article shall be governed by the provisions of article 195, paragraph 6, of the Constitution, and it shall not be collected for longer than two years.”

122 Constitutional Amendments

– CONSTITUTIONAL – CONSTITUTIONAL AMENDMENT No. 13, 1996 – AMENDMENT No. 14, 1996 –

Gives new wording to item II of arti- Alters articles 34, 208, 211 and 212 cle 192 of the Federal Constitution. of the Federal Constitution and gives new wording to article 60 of the Temporary Constitutional Pro- visions Act. TheD irecting Boards of the Chamber of Deputies and of the Federal Senate, under the terms of paragraph 3 of article 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text: TheD irecting Boards of the Chamber of Deputies and of the Federal Senate, under the terms of paragraph 3 of article 60 of the Federal Constitution, promulgate the Sole article. Item II of article 192 of the Federal following Amendment to the constitutional text: Constitution shall be in force with the following wording: “Article 192...... Article 1. Subitem e is added to item VII of article II – authorization and operation of insurance, re- 34 of the Federal Constitution, with the following insurance, social security and capitalization com- wording: panies, as well as of the supervising agency;” “e) the application of the mandatory minimum of the income resulting from state taxes, including Brasília, August 21, 1996. those originating from transfers, to the mainte- nance and development of education.” THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Article 2. New wording is given to items I and II of Luís Eduardo, President – Ronaldo Perim, First Vice article 208 of the Federal Constitution, as follows: President – Beto Mansur, Second Vice President – Wilson Campos, First Secretary – Leopoldo Bes- “I – mandatory and free elementary education, sone, Second Secretary – Benedito Domingos, Third including the assurance of its free offer to all those Secretary – João Henrique, Fourth Secretary. who did not have access to it at the proper age; II – progressive universalization of the free high- THE DIRECTING BOARD OF THE FEDERAL school education;” SENATE: José Sarney, President – Teotonio Vilela Filho, Article 3. New wording is given to paragraphs 1 and First Vice President – Júlio Campos, Second Vice 2 of article 211 of the Federal Constitution, and two President – Odacir Soares, First Secretary – Renan additional paragraphs are inserted in this article, to Calheiros, Second Secretary – Ernandes Amorim, read as follows: Fourth Secretary – Eduardo Suplicy – Substitute Secretary. “Article 211...... Paragraph 1. TheU nion shall organize the federal Published in the Official Journal, August 22, 1996. educational system and that of the Territories, shall finance the federal public educational insti- tutions and shall have, in educational matters, a redistributive and supplementary function, so as to guarantee the equalization of the educational opportunities and a minimum standard of qual- ity of education, through technical and financial assistance to the States, the Federal District and the Municipalities.

123 Constitution of the Federative Republic of Brazil

Paragraph 2. The Municipalities shall act on a 1, whenever in each State and in the Federal priority basis in elementary education and in the District its value per student does not reach the education of children. nationally set minimum. Paragraph 3. TheS tates and the Federal District Paragraph 4. TheU nion, the States, the Federal shall act on a priority basis in elementary and District and the Municipalities shall effect, during secondary education. a period of five years, progressive adjustments of Paragraph 4. In the organization of their edu- their contributions to the Fund, so as to guarantee cational systems, the States and Municipalities a value per student corresponding to a minimum shall establish forms of cooperation, so as to quality standard of education, defined at the guarantee the universalization of the mandatory national level. education.” Paragraph 5. A share of not less than 60% of the resources of each Fund referred to in paragraph Article 4. New wording is given to paragraph 5 of 1 shall be used for the payment of elementary article 212 of the Federal Constitution, as follows: education teachers actually teaching. Paragraph 6. The Union shall apply never less “Paragraph 5. The public elementary education than 30 percent of the resources referred to in the shall have, as an additional source of financing, head paragraph of article 212 of the Federal Con- the social contribution for education, collected stitution to the eradication of illiteracy and to the from companies, as provided by law.” maintenance and development of the elementary education, including the supplementation referred Article 5. Article 60 of the Temporary Constitutional to in paragraph 3. Provisions Act is hereby altered and new paragraphs Paragraph 7. The law shall provide for the organi- are inserted into it, with the article having the fol- zation of the Funds, the proportional distribution lowing wording: of its resources, its oversight and control, as well as for the way to calculate the national minimum “Article 60. In the first ten years after the promul- value per student.” gation of this Amendment, the States, the Federal District and the Municipalities shall allocate no Article 6. This Amendment shall come into force less than 60% of the funds referred to in the head on January 1 of the year subsequent to that of its paragraph of article 212 of the Federal Constitu- promulgation. tion, to the maintenance and development of elementary education, aiming at the assurance of the universalization of the service and the payment Brasília, September 12, 1996. of appropriate salaries to the teachers. THE DIRECTING BOARD OF THE CHAMBER Paragraph 1. The distribution of responsibilities OF DEPUTIES: and resources between the States and their Munic- , President – First Vice ipalities, to be effected with part of the resources Luís Eduardo Ronaldo Perim, President Second Vice President defined in this article, as set forth in article 211 – Beto Mansur, First Secretary of the Federal Constitution, is assured through – Wilson Campos, – Leopoldo Bes- Second Secretary Third the establishment, within each State and the sone, – Benedito Domingos, Secretary Fourth Secretary Federal District, of a Fund for the Maintenance – João Henrique, . and Development of the Elementary Education THE DIRECTING BOARD OF THE FEDERAL and for the Increase of the Worth of the Teaching SENATE: Profession, of a financial nature. , President – Paragraph 2. The Fund referred to in the pre- José Sarney Teotonio Vilela Filho, First Vice President Second Vice ceding paragraph shall be made up by, at least, – Júlio Campos, President First Secretary fifteen percent of the resources referred to in – Odacir Soares, – Renan Second Secretary articles 155, item II; 158, item IV; and 159, item Calheiros, – Ernandes Amorim, Fourth Secretary I, subitems a and b; and item II, of the Federal – Eduardo Suplicy, Substitute Constitution, and shall be distributed among each Secretary. State and its Municipalities, in proportion to the number of students in the respective elementary Published in the Official Journal, September 13, education networks. 1996. Paragraph 3. The Union shall supplement the resources of the Funds referred to in paragraph

124 Constitutional Amendments

– CONSTITUTIONAL – CONSTITUTIONAL AMENDMENT No. 15, 1996 – AMENDMENT No. 16, 1997 –

Gives new wording to paragraph 4 Gives new wording to paragraph 5 of article 18 of the Federal Consti- of article 14, to the head paragraph tution. of article 28, to item II of article 29, to the head paragraph of article 77, and to article 82 of the Federal Constitution. TheD irecting Boards of the Chamber of Deputies and of the Federal Senate, under the terms of paragraph 3 of article 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text: TheD irecting Boards of the Chamber of Deputies and of the Federal Senate, under the terms of paragraph 3 of article 60 of the Federal Constitution, promulgate the Sole Article. Paragraph 4 of article 18 of the Federal following Amendment to the constitutional text: Constitution shall henceforth be in force with the following wording: “Article 18...... Article 1. Paragraph 5 of article 14, the head para- Paragraph 4. The establishment, merger, fusion graph of article 28, item II of article 29, the head and dismemberment of municipalities shall be paragraph of article 77, and article 82 of the Federal effected through state law, within the period set Constitution shall henceforth be in force with the forth by supplementary federal law, and shall following wording: depend on prior consultation, by means of a “Article 14...... plebiscite, of the population of the municipalities concerned, after the publication of Municipal Paragraph 5. TheP resident of the Republic, the Feasibility Studies, presented and published as State and Federal District Governors, the Mayors set forth by law.” and those who have succeeded or replaced them during their terms of office may be reelected for Brasília, September 12, 1996. only one subsequent term...... ” THE DIRECTING BOARD OF THE CHAMBER “Article 28. The election of the Governor and OF DEPUTIES: the Vice Governor of a state, for a term of office Luís Eduardo, President – Ronaldo Perim, First Vice of four years, shall be held on the first Sunday President – Beto Mansur, Second Vice President of October, in the first round, and on the last – Wilson Campos, First Secretary – Leopoldo Bes- Sunday of October, in the second round, as the sone, Second Secretary – Benedito Domingos, Third case may be, of the year preceding the one in Secretary – João Henrique, Fourth Secretary. which the term of office of their predecessors ends, and they shall take office on January 1 of THE DIRECTING BOARD OF THE FEDERAL the following year, in accordance, otherwise, with SENATE: the provisions of article 77. José Sarney, President – Teotonio Vilela Filho, ...... ” First Vice President – Júlio Campos, Second Vice President – Odacir Soares, First Secretary – Renan “Article 29...... Calheiros, Second Secretary – Ernandes Amorim, II – election of the Mayor and Vice Mayor on Fourth Secretary – Eduardo Suplicy, Substitute the firstS unday of October of the year preceding Secretary. the end of the term of office of those they are to succeed, subject, in the case of municipalities Published in the Official Journal, September 13, with over two hundred thousand voters, to the 1996. provisions set forth in article 77...... ”

125 Constitution of the Federative Republic of Brazil

“Article 77. The election of the President and – CONSTITUTIONAL Vice President of the Republic shall take place simultaneously, on the first Sunday of October, AMENDMENT No. 17, 1997 – in the first round, and on the last Sunday of October, in the second round, as the case may be, of the year preceding the one in which the current presidential term of office ends...... ” Alters provisions of articles 71 and “Article 82. The term of office of the President 72 of the Temporary Constitutional of the Republic is four years, and it shall com- Provisions Act, introduced by the mence on January 1 of the year following the Revision Constitutional Amend- year of his election.” ment no. 1 of 1994.

Article 2. This ConstitutionalA mendment shall come into force on the date of its publication. TheD irecting Boards of the Chamber of Deputies and of the Federal Senate, under the terms of paragraph 3 of Brasília, June 4, 1997. article 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text: THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Michel Temer, President – Heráclito Fortes, First Article 1. The head paragraph of article 71 of theT em- Vice President – Severino Cavalcanti, Second Vice porary Constitutional Provisions Act shall henceforth President – Ubiratan Aguiar, First Secretary – Nelson be in force with the following wording: Trad, Second Secretary – Efraim Morais, Fourth Secretary. “Article 71. TheE mergency Social Fund is hereby instituted for the fiscal years of 1994 and 1995, THE DIRECTING BOARD OF THE FEDERAL as well as for the periods from January 1, 1996 SENATE: through June 30, 1997, and from July 1, 1997 Antonio Carlos Magalhães, President – Geraldo through December 31, 1999, aiming at the finan- Melo, First Vice President – Ronaldo Cunha Lima, cial recuperation of the Federal Public Finances First Secretary – Carlos Patrocínio, Second Secretary and the economic stabilization, the resources of – Flaviano Melo, Third Secretary – Lucídio Portella, which shall be applied primarily to the actions Fourth Secretary. of the health and education systems, includ- ing the supplementation of resources set forth Published in the Official Journal, June 5, 1997. in paragraph 3 of article 60, of the Temporary Constitutional Provisions Act, the welfare benefits and welfare assistance of a permanent nature, including the payment of welfare debts and budg- etary expenditures associated to programs of great economic and social interest.”

Article 2. Item V of article 72, of the Temporary Constitutional Provisions Act, shall henceforth be in force with the following wording:

“V – the part of the proceeds from the collection of the contribution mentioned in Supplementary Law no. 7, of September 7, 1970, owed by the juridical entities referred to in item III of this article, which will be calculated, in the fiscal years of 1994 and 1995, as well as in the periods from January 1, 1996 through June 30, 1997, and from July 1, 1997 through December 31, 1999, through the employment of a rate of seventy-five hundredths of one percent, subject to modifica-

126 Constitutional Amendments

tion by subsequent ordinary law, on the gross Trad, Second Secretary – Paulo Paim, Third Secretary operating income, as defined in the legislation of – Efraim Morais, Fourth Secretary. income tax and earnings of any nature;” THE DIRECTING BOARD OF THE FEDERAL Article 3. TheU nion shall remit to the Municipalities, SENATE: out of the proceeds from the collection of the Tax on Antonio Carlos Magalhães, President – Geraldo Melo, Income and Earnings of Any Nature, as stipulated for First Vice President – Júnia Marise, Second Vice the formation of the funds set forth in item I of article President – Ronaldo Cunha Lima, First Secretary 159, of the Constitution, excluding the part mentioned – Carlos Patrocínio, Second Secretary – Flaviano in item I of article 72, of the Temporary Constitutional Melo, Third Secretary. Provisions Act, the following percentages: I – one and fifty-six hundredths of one per cent, in Published in the Official Journal, November 25, the period from July 1, 1997 through December 1997. 31, 1997; II – one and eight hundred and seventy-five thou- sandths of one per cent, in the period from January 1, 1998 through December 31, 1998; and III – two and a half of one per cent, in the pe- riod from January 1, 1999 through December 31, 1999. Sole paragraph. The remittance of funds established in this article shall comply with the same periodic in- tervals and the same sharing criteria and rules adopted in the Revenue Sharing Fund of the Municipalities, with due regard for the provision of article 160 of the Constitution. Article 4. The effects of the provisions of articles 71 and 72 of the Temporary Constitutional Provisions Act, with the wording determined by articles 1 and 2 of this Amendment, shall be retroactive to July 1, 1997. Sole paragraph. The portions of funds assigned to the Fiscal Stabilization Fund and remitted according to article 159, item I, of the Constitution, in the period from July 1, 1997, to the date of promulgation of this Amendment, shall be deducted from the subsequent quotas, the deduction being limited to one tenth of the total amount remitted each month. Article 5. The Union shall apply the provisions of article 3 of this Amendment retroactively as of July 1, 1997, with due regard for the provisions of the previous article. Article 6. This ConstitutionalA mendment shall come into force on the date of its publication.

Brasília, November 22, 1997.

THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Michel Temer, President – Heráclito Fortes, First Vice President – Severino Cavalcanti, Second Vice President – Ubiratan Aguiar, First Secretary – Nelson

127 Constitution of the Federative Republic of Brazil

– CONSTITUTIONAL to their pensioners, and the provision of article 40, paragraph 6 applies to the military of the Federal AMENDMENT No. 18, 1998 – District and of the Territories.”

Article 3. Item II of paragraph 1 of article 61 of the Constitution shall henceforth be in force with the following alterations: Establishes the constitutional rules for the military. “Article 61...... Paragraph 1...... II – ...... c) government employees of the Union and Ter- TheD irecting Boards of the Chamber of Deputies and ritories, their legal statute, appointment to offices, of the Federal Senate, under the terms of paragraph 3 of tenure and retirement; article 60 of the Federal Constitution, promulgate the ...... following Amendment to the constitutional text: f) military of the Armed Forces, their legal stat- ute, appointment to offices, promotions, tenure, remuneration, retirement, and transfer to the Article 1. Item XV of article 37 of the Federal Con- reserve.” stitution shall henceforth be in force with the fol- lowing wording: Article 4. The following paragraph 3 shall be added to article 142 of the Constitution: “Article 37...... XV – the salaries of government employees may “Article 142...... not be reduced, and their remuneration shall Paragraph 3. The members of theA rmed Forces comply with the provisions of article 37, XI and are called military, and the following provisions XII, 150, II, 153, III and paragraph 2, I; apply to them, in addition to other provisions ...... ” that the law may establish: I – the ranks, with the prerogatives, rights and Article 2. Section II, of Chapter VII, of Title III of duties inherent to them, are awarded by the Presi- the Constitution shall henceforth be entitled “Govern- dent of the Republic and are guaranteed in full to ment Employees”, and Section III, of Chapter VII, of officers in active service, those of the reserve or in Title III of the Federal Constitution shall henceforth retirement, and such officers have exclusive rights be entitled “The Military of theS tates, of the Federal to military titles and posts, and, together with District and of the Territories”, and article 42 shall the other members, to the use of the uniforms have the following wording: of the Armed Forces; II – a military in active service who takes office “Article 42. The members of the MilitaryP olice in a permanent civil public position or job shall and of the Military Fire Brigades, institutions be transferred to the reserve, under the terms whose organization is based on hierarchy and of the law; discipline, are military of the States, of the Federal III – a military in active service who, under the District and of the Territories. terms of the law, takes office in a non-elective, Paragraph 1. The provisions of article 14, para- temporary civil public position, job or function, graph 8; article 40, paragraph 3; and of article even if in the indirect administration, shall be 142, paragraphs 2 and 3 apply to the military put on leave and, as long as he remains in this of the States, of the Federal District and of the situation he may only be promoted by seniority, Territories, in addition to other provisions that and his period of service shall be counted only the law may establish, it being incumbent upon for that promotion and for transfer to the reserve, specific state legislation to provide for the matters and after two years, whether continuous or not, of article 142, paragraph 3, item X, the ranks away from active service, he shall be transferred of the officers being awarded by the respective to the reserve, under the terms of the law; State Governors. IV – the military are forbidden to join unions Paragraph 2. The provisions of article 40, para- and to strike; graphs 4 and 5 apply to the military of the States, V – while in actual service, the military are forbid- of the Federal District and of the Territories, and den to belong to political parties;

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VI – an officer shall only lose his post and rank if – CONSTITUTIONAL he is judged unworthy of or incompatible with the dignity of officership by decision of a permanent AMENDMENT No. 19, 1998 – military court, in times of peace, or of a special court, in times of war; VII – an officer sentenced in a common or military court by means of an unappealable judgment to imprisonment for more than two years shall be Alters the regime of and provides submitted to trial as provided in the preceding for the principles and rules of Gov- item; ernment Services, employees and VIII – the provisions of article 7, items VIII, political agents, the control of ex- XII, XVII, XVIII, XIX and XXV, and of article penditures and government finance, 37, items XI, XIII, XIV and XV, apply to the and the financing of activities in- military; cumbent upon the Federal District, and makes other provisions. IX – the provisions of article 40, paragraphs 4, 5 and 6 apply to the military and to their pensioners; X – the law shall provide for admission to the TheD irecting Boards of the Chamber of Deputies and Armed Forces, age limits, tenure, and other con- of the Federal Senate, under the terms of paragraph 3 of ditions for a military to be retired, the rights, article 60 of the Federal Constitution, promulgate the duties, remuneration, prerogatives and other cir- following Amendment to the constitutional text: cumstances which are specific to the military, the special characteristics of their activities being taken into account, including those carried out by virtue Article 1. Items XIV and XXII of article 21, and item of international agreements and of war.” XXVII of article 22 of the Federal Constitution shall henceforth read as follows: Article 5. This ConstitutionalA mendment shall come into force on the date of its publication. “Article 21. TheU nion shall have the power to: ...... Brasília, February 5, 1998. XIV – organize and maintain the plainclothes police, the uniformed police force, and the uni- THE DIRECTING BOARD OF THE CHAMBER formed fire brigade of the Federal District, as OF DEPUTIES: well as to provide financial support to theF ederal Michel Temer, President – Heráclito Fortes, First District for the carrying out of public services by Vice President – Severino Cavalcanti, Second Vice means of a specific fund; President – Ubiratan Aguiar, First Secretary – Nelson ...... Trad, Second Secretary – Paulo Paim, Third Secretary XXII – perform the services of maritime, airport, – Efraim Morais, Fourth Secretary. and border police; ...... ” THE DIRECTING BOARD OF THE FEDERAL “Article 22. TheU nion has the exclusive power SENATE: to legislate on: Antonio Carlos Magalhães, President – Geraldo Melo, ...... First Vice President – Júnia Marise, Second Vice Presi- XXVII – general rules for all types of bidding dent – Ronaldo Cunha Lima, First Secretary – Carlos and contracting, for governmental entities, as- Patrocínio, Second Secretary – Flaviano Melo, Third sociate government agencies, and foundations of Secretary – Lucídio Portella, Fourth Secretary. the Union, the States, the Federal District, and the Municipalities, in accordance with article Published in the Official Journal, February 6, 1998. 37, XXI, and for public enterprises and joint stock companies, under the terms of article 173, paragraph 1, III; ...... ”

Article 2. Paragraph 2 of article 27, and items V and VI of article 29 of the Federal Constitution shall

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henceforth read as follows, with a paragraph 2 being I – public offices, positions and functions are inserted in article 28, and the current sole paragraph accessible to all Brazilians who meet the require- being renumbered as paragraph 1: ments established by law, as well as to foreigners, under the terms of the law; “Article 27...... II – investiture in a public office or position -de Paragraph 2. The compensation ofS tate Deputies pends on previously passing an entrance examina- shall be established by an act of the State Legisla- tion consisting of tests or tests and presentation of tive Assembly, in the proportion of seventy-five academic and professional credentials, according percent, at most, of the compensation established, to the nature and the complexity of the office or in legal tender, for Federal Deputies, as provided position, as provided by law, except for appoint- by articles 39, paragraph 4, 57, paragraph 7, 150, ment to a commission office declared by law as II, 153, III, and 153, paragraph 2, I. being of free appointment and discharge; ...... ” ...... “Article 28...... V – positions of trust, exercised exclusively by Paragraph 1. The Governor who takes another public employees holding an effective post, and post or function in governmental entities or en- commission offices, to be exercised by career tities owned by the Government shall lose his employees in the cases, under the conditions office, with the exception of the taking of office and within the minimum percentages established by virtue of a public sector entrance examination, in law, are reserved exclusively for the duties of and with due regard for the provisions in article directors, chiefs of staff, and assistants; 38, I, IV, and V...... Paragraph 2. The compensation of the Governor, VII – the right to strike shall be exercised in the Vice Governor, and of the State Cabinet the manner and within the limits defined by a Members shall be established by an act of the specific law; State Legislative Assembly, as provided by articles ...... 37, XI, 39, paragraph 4, 150, II, 153, III, and X – the remuneration of Government employees 153, paragraph 2, I.” and the compensation referred to in paragraph 4 of article 39 may only be established or altered “Article 29...... by means of a specific law, with due regard for V – compensation of the Mayor, the Vice Mayor, the exclusive capacity to introduce a law in each and the Local Cabinet Members established by an case, an annual general review being ensured, act of the Town Council, as provided by articles always on the same date and without distinction 37, XI, 39, paragraph 4, 150, II, 153, III, and between the indices; 153, paragraph 2, I; XI – the remuneration and the compensation VI – compensation of Local Councilmen es- of the holders of public offices, functions and tablished by an act of the Town Council, in the positions in governmental entities, associate gov- proportion of seventy-five percent, at most, of ernment agencies, and in foundations; of the the compensation established, in legal tender, members of any of the Powers of the Union, of for State Deputies, as provided by articles 39, the States, the Federal District, and the Munici- paragraph 4, 57, paragraph 7, 150, II, 153, III, palities; of the holders of elective offices, and of and 153, paragraph 2, I; any other political agent, as well as the pay, pen- ...... ” sion, or other type of remuneration, earned on Article 3. The head paragraph, itemsI , II, V, VII, X, a cumulative basis or not, including advantages XI, XIII, XIV, XV, XVI, XVII, and XIX, and para- of a personal nature or of any other nature, may graph 3 of article 37 of the Federal Constitution shall not be higher than the monthly compensation, henceforth read as follows, paragraphs 7 through 9 in legal tender, of the Justices of the Supreme being added to the said article: Federal Court; ...... “Article 37. The governmental entities and enti- XIII – the linkage or equalization of any type ties owned by the Government in any of the pow- of pay for purposes of the remuneration of the ers of the Union, the states, the Federal District personnel in the public services is forbidden; and the Municipalities shall obey the principles XIV – the pecuniary raises received by a govern- of lawfulness, impersonality, morality, publicity, ment employee shall not be computed or accumu- and efficiency, and also the following: lated for purposes of granting subsequent raises;

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XV – the compensation and the salaries of holders performance goals for the agency or entity, and of public offices and positions may not be reduced, the law shall provide for: except for the provisions of items XI and XIV of I – the term of the contract; this article and of articles 39, paragraph 4, 150, II – the controls and criteria for the appraisal II, 153, III, and 153, paragraph 2, I; of performance, rights, duties, and liability of XVI – remunerated accumulation of public offices managing officers; is forbidden, except, when there is compatibility III – the remuneration of the employees. of working hours, and with due regard, in any Paragraph 9. The provision of item XI applies to instance, for the provision of item XI: the public enterprises and to joint stock companies a) of two teaching positions; and their subsidiary companies which receive b) of one teaching position with another technical funds from the Union, the States, the Federal or scientific position; District, or the Municipalities for the payment of c) of two exclusively medical positions; personnel expenditures or of general expenses.” XVII – the prohibition to accumulate extends to positions and functions and includes associ- Article 4. The head paragraph of article 38 of theF ed- ate government agencies, foundations, public eral Constitution shall henceforth read as follows: enterprises, joint stock companies, their subsidi- ary companies, and companies controlled either “Article 38. The following provisions are appli- directly or indirectly by the Government; cable to public employees holding elective offices ...... in a governmental entity, an associate government XIX – the creation of an associate Government agency, and a foundation: agency and the establishment of a public enter- ...... ” prise, a joint stock company, and a foundation Article 5. Article 39 of the Federal Constitution shall may only take place by means of a specific law, henceforth read as follows: and, in the latter case, a supplementary law shall specify the areas of operation; “Article 39. The Union, the States, the Federal ...... District and the Municipalities shall institute a Paragraph 3. The law shall regulate the forms board of administration policy and personnel re- of participation of users in governmental enti- muneration policy, composed of public employees ties and in entities owned by the Government, appointed by the respective Branches. especially as regards: Paragraph 1. The stipulation of pay levels and I – claims relating to the rendering of public serv- of other components of the remuneration system ices in general, the provision of user services being shall comply with: ensured, as well as periodical assessment, both I – the nature, the level of responsibility, and the external and internal, of the quality of services; complexity of the posts of each career; II – the access of users to administrative records II – the requirements for investiture; and to information about Government initia- III – the specific characteristics of each post. tives, with due regard for article 5, items X and Paragraph 2. TheU nion, the States, and the Fed- XXXIII; eral District shall establish government schools for III – the rules of a complaint against negligence the education and further development of public or abuse in the exercise of an office, position or employees, and participation in such courses shall function in government services. be one of the requirements for promotion in the ...... career, the signing of agreements or contracts Paragraph 7. The law shall establish the require- among federated units being therefore allowed. ments and restrictions regarding the holder of an Paragraph 3. The provisions of article 7,IV , VII, office or position, in governmental entities and VIII, IX, XII, XIII, XV, XVI, XVII, XVIII, XIX, entities owned by the government, which provides XX, XXII, and XXX shall apply to employees access to inside information. holding public offices, and the law may stipulate Paragraph 8. The managerial, budgetary and differentiated requirements for admission when financial autonomy of governmental agencies and the nature of the office so demands. entities, as well as of entities owned by the Govern- Paragraph 4. A member of one of the Branches, ment, may be extended by means of a contract, the holder of an elective office, the Ministers to be entered into by their administrators and the of State, and the members of State and Local Government, with a view to the establishment of Cabinets shall be remunerated exclusively by means of a compensation consisting of one sole

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item, the addition of any extra benefit, additional remain on availability, with a remuneration pro- pay, bonus, award, representation allowance, or portional to his length of employment, until he other type of remuneration being forbidden, with is adequately placed in another office. due regard, in any of the cases, for the provisions Paragraph 4. As a requirement to acquire tenure, of article 37, X and XI. a special appraisal of performance by a committee Paragraph 5. The legislation of the Union, the created for this purpose is mandatory.” States, the Federal District, and the Municipali- ties may establish the proportion between the Article 7. Article 48 of the Federal Constitution shall highest and the lowest remuneration of public henceforth include the following item XV: employees, with due regard, in any of the cases, for the provision of article 37, XI. “Article 48. The National Congress shall have Paragraph 6. The Executive, Legislative and the power, with the sanction of the President Judicial Branches shall publish the amounts of of the Republic, which shall not be required for the compensation and of the remuneration of the matters specified in articles 49, 51 and 52, to public offices and positions each year. provide for all the matters within the competence Paragraph 7. The legislation of the Union, the of the Union and especially on: States, the Federal District, and the Municipali- ...... ties shall regulate the utilization of the budgetary XV – stipulation of the compensation for the funds deriving from savings in current expendi- Justices of the Supreme Federal Court, by means tures in each agency, associate government agency of a law introduced jointly by the Presidents of the and foundation, to be used in the development Republic, the Chamber of Deputies, the Federal of programs of quality and productivity, training Senate, and the Supreme Federal Court, with due and development, modernization, re-equipping regard for articles 39, paragraph 4, 150, II, 153, and rationalization of public services, including III, and 153, paragraph 2, I.” as additional pay or productivity award. Paragraph 8. The remuneration of public em- Article 8. Items VII and VIII of article 49 of the Fed- ployees organized in a career may be established eral Constitution shall henceforth read as follows: under the terms of paragraph 4.” “Article 49. It is exclusively the competence of the National Congress: Article 6. Article 41 of the Federal Constitution shall ...... henceforth read as follows: VII – to establish identical compensation for Fed- “Article 41. Servants who, by virtue of public eral Deputies and Senators, taking into account entrance examinations, are appointed to effec- the provisions of articles 37, XI, 39, paragraph 4, tive posts, acquire tenure after three years of 150, II, 153, III, and 153, paragraph 2, I; actual service. VIII – to establish the compensation of the Presi- Paragraph 1. A tenured public employee shall dent and the Vice President of the Republic and only lose his office: of the Ministers of State, taking into account the I – by virtue of a final and unappealable judicial provisions of articles 37, XI, 39, paragraph 4, 150, decision; II, 153, III, and 153, paragraph 2, I; II – by means of an administrative proceeding, in ...... ” which he is assured of ample defense; III – by means of a procedure of periodical ap- Article 9. Item IV of article 51 of the Federal Con- praisal of performance, under the terms of a sup- stitution shall henceforth read as follows: plementary law, ample defense being assured. “Article 51. It is exclusively the competence of Paragraph 2. If the dismissal of a tenured public the Chamber of Deputies: employee is voided by a judicial decision, he shall ...... be reinstated, and the occupant of the vacancy, IV – to provide for its organization, function- when tenured, shall be led back to his original ing, police, creation, change or abolishment of office, with no right to indemnity, taken to -an offices, positions and functions of its services, other office or placed on paid availability with and the introduction of a law for the establish- a remuneration proportional to his length of ment of their respective remuneration, taking employment. into account the guidelines set forth in the law Paragraph 3. If the office is declared extinct or of budgetary directives; unnecessary, a tenured public employee shall ...... ”

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Article 10. Item XIII of article 52 of the Federal “Article 95. Judges enjoy the following guar- Constitution shall henceforth read as follows: antees: ...... “Article 52. It is exclusively the competence of III – irreducibility of compensation, except for the the Federal Senate: provisions of articles 37, X and XI, 39, paragraph ...... 4, 150, II, 153, III, and 153, paragraph 2, I. XIII – to provide for its organization, function- ...... ” ing, police, creation, change or abolishment of offices, positions and functions of its services, “Article 96. It is the exclusive competence of: and the introduction of a law for the establish- ...... ment of their respective remuneration, taking II – the Supreme Federal Court, the Superior into account the guidelines set forth in the law Courts and the Courts of Justice, to propose to of budgetary directives; the respective Legislative Power, with due regard ...... ” for the provisions of article 169: ...... Article 11. Paragraph 7 of article 57 of the Federal b) creation and abolishment of offices and the Constitution shall henceforth read as follows: remuneration of the auxiliary services and of the “Article 57...... courts connected with them, as well as the estab- Paragraph 7. In a special legislative session, the lishment of the compensation for their members National Congress shall deliberate only upon the and for the judges, including those of the lower matter for which it was called, the payment of a courts, if existing, except for the provision of compensatory amount in excess of the monthly article 48, XV; compensation being forbidden.” ...... ”

Article 12. The sole paragraph of article 70 of theF ed- Article 14. Paragraph 2 of article 127 of the Federal eral Constitution shall henceforth read as follows: Constitution shall henceforth read as follows:

“Article 70...... “Article 127...... Sole paragraph. Accounts shall be rendered by Paragraph 2. TheP ublic Prosecution is ensured any individual or corporation, public or private, of functional and administrative autonomy, and which uses, collects, keeps, manages, or admin- it may, observing the provisions of article 169, isters public monies, assets or values, or those propose to the Legislative Power the creation and for which the Union is responsible or which, on abolishment of its offices and auxiliary services, behalf of the Union, assumes obligations of a filling them through a civil service entrance ex- pecuniary nature.” amination of tests or of tests and presentation of academic and professional credentials, the remu- Article 13. Item V of article 93, item III of article 95, neration policies, and the career plans; the law and subitem b of item II of article 96, of the Federal shall provide for its organization and operation. Constitution, shall henceforth read as follows: ...... ”

“Article 93...... Article 15. Subitem c of item I, of paragraph 5 of V – the compensation of the Justices of the Supe- article 128, of the Federal Constitution, shall hence- rior Courts shall correspond to ninety-five percent forth read as follows: of the monthly compensation stipulated for the Justices of the Supreme Federal Court, and the “Article 128...... compensation of the other judges shall be stipu- Paragraph 5. Supplementary laws of the Union lated by law and distributed, at the federal and and of the states, which may be proposed by the state levels, according to the respective categories of respective Attorneys-General, shall establish the the national judiciary structure, and the difference organization, the duties and the statute of each between categories may not be higher than ten per Public Prosecution, observing, as regards their cent or lower than five per cent, nor higher than members: ninety-five per cent of the monthly compensation I – the following guarantees: of the Justices of the Superior Courts, with due ...... regard, in any of the cases, for the provisions of c) irreducibility of compensation, stipulated ac- articles 37, XI, and 39, paragraph 4; cording to article 39, paragraph 4, and with due ...... ”

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regard for the provisions of articles 37, X and XI, according to the law, to patrol ostensibly the 150, II, 153, III, 153, paragraph 2, I; federal railways...... ” ...... Paragraph 9. The remuneration of the policemen Article 16. Section II of Chapter IV of Title IV of who are members of the agencies mentioned the Federal Constitution shall henceforth be entitled in this article shall be stipulated according to “The Public Advocacy”. paragraph 4 of article 39.” Article 17. Article 132 of the Federal Constitution shall henceforth read as follows: Article 20. The head paragraph of article 167 of the Federal Constitution shall henceforth be in force with “Article 132. TheP rosecutors of the states and of the addition of item X, which reads as follows: the Federal District, organized in a career, admis- sion into which shall depend on a civil service “Article 167. The following are forbidden: entrance examination of tests and presentation ...... of academic and professional credentials, with the X – to transfer funds voluntarily and to grant participation of the Brazilian Bar Association in loans, including by means of advancement of all of its stages, shall exercise judicial representa- revenues, by the Federal Government, the Govern- tion and judicial consultation for their respective ment of the States and their financial institutions, federated units. for the payment of expenditures related to active Sole paragraph. The Prosecutors referred to in and retired personnel and pensioners, of the States, this article are entitled to acquire tenure after the Federal District, and the Municipalities. three years of effective exercise, by means of a ...... ” performance appraisal carried out by the relevant agencies, following a detailed report issued by Article 21. Article 169 of the Federal Constitution the corregidors.” shall henceforth read as follows:

Article 18. Article 135 of the Federal Constitution “Article 169. Expenditures with active and retired shall henceforth read as follows: personnel of the Union, the states, the Federal District and the municipalities may not exceed the “Article 135. Servants in the careers regulated in limits established in a supplementary law. Sections II and III of this Chapter shall be remu- Paragraph 1. The granting of any advantage or nerated according to article 39, paragraph 4.” increase of remuneration, the creation of posts, positions or functions, or alteration of career Article 19. Paragraph 1 and its item III, and paragraphs structures, as well as admission or hiring of person- 2 and 3 of article 144 of the Federal Constitution nel, on any account, by Government bodies and shall henceforth read as follows, a paragraph 9 being entities, or entities owned by the Government, inserted in such article: including foundations instituted and maintained by the Government, may only be effected: “Article 144...... I – if there is a prior budgetary allocation sufficient Paragraph 1. The federal police, instituted by law to cover the estimated expenditure with personnel as a permanent body, organized and maintained and the increases resulting therefrom; by the Union and structured into a career, are II – if there is specific authorization in the law of intended to: budgetary directives, with the exception of govern- ...... ment enterprises and joint stock companies. III – exercise the functions of maritime, airport Paragraph 2. Once finished the time limit estab- and border police; lished in the supplementary law referred to in this ...... article for the adaptation to the standards therein Paragraph 2. The federal highway police are a stipulated, all remittances of federal or state funds permanent body organized and maintained by shall be immediately suspended to the States, the the Union, structured into a career, and intended, Federal District, and the Municipalities which do according to the law, to patrol ostensibly the not obey the said limits. federal highways. Paragraph 3. To comply with the limits estab- Paragraph 3. The federal railway police are a lished according to this article, within the time permanent body organized and maintained by period stipulated in the supplementary law re- the Union, structured into a career, and intended, ferred to in the head paragraph, the Union, the

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States, the Federal District, and the Municipalities “Article 206. Education shall be provided on the shall adopt the following measures: basis of the following principles: I – reduction of at least twenty percent of the ...... expenditures with commission offices and posi- V – appreciation of the value of teaching profes- tions of trust; sionals, guaranteeing, in accordance with the II – discharge of untenured servants. law, career plans for public school teachers, with Paragraph 4. If the measures adopted according a professional minimum salary and admittance to the preceding paragraph are not sufficient to exclusively by means of public entrance exami- guarantee compliance with the provision of the nations consisting of tests and presentation of supplementary law referred to in this article, academic and professional credentials; tenured servants may be dismissed, provided that ...... ” a regulatory act justified by each of theB ranches specifies the activity, the agency, or the adminis- Article 24. Article 241 of the Federal Constitution trative unit where reduction of personnel must shall henceforth read as follows: be carried out. Paragraph 5. A servant who is dismissed accord- “Article 241. The Union, the States, the Fed- ing to the preceding paragraph shall be entitled eral District, and the Municipalities shall issue to compensation equivalent to one month of legislation to regulate public syndicates and co- remuneration per year of service. operation agreements between members of the Paragraph 6. The post affected by the reduction Federation, authorizing the joint management of mentioned in the preceding paragraphs shall be public services, as well as the transfer, in whole considered extinct, and the creation of a post, or in part, of charges, services, personnel, and position, or function with equal or similar duties goods essential to the continued rendering of the shall be forbidden for the period of four years. services transferred.” Paragraph 7. A federal act shall provide for the general rules to be complied with in carrying out Article 25. It is incumbent upon the Union to honor the provision of paragraph 4.” the current financial commitments with the rendering of public services in the Federal District until such Article 22. Paragraph 1 of article 173 of the Federal time as the fund referred to in item XIV of article 21 Constitution shall henceforth read as follows: of the Federal Constitution is established. Article 26. “Article 173...... Within two years of the promulgation of Paragraph 1. The law shall establish the legal this Amendment, the entities owned by the Govern- system of public companies, joint-stock compa- ment shall have their by-laws revised regarding their nies and their subsidiary companies engaged in respective legal nature, taking into account the purpose economic activities connected with the produc- and the actual duties carried out. tion or trading of goods, or with the rendering Article 27. TheN ational Congress, within one hun- of services, providing upon: dred and twenty days of the promulgation of this I – their social function and the forms of control Amendment, shall draft legislation for the protection by the State and by society; of public service users. II – compliance with the specific legal system gov- erning private companies, including civil, com- Article 28. The current public employees on proba- mercial, labour, and tax rights and liabilities; tion are ensured of the period of two years of effective III – bidding and contracting of works, services, exercise to acquire tenure, without prejudice to the purchases, and disposal, with due regard for the assessment referred to in paragraph 4 of article 41 of principles of government services; the Federal Constitution. IV – the establishment and operation of boards Article 29. As of the promulgation of this Amendment, of directors and of boards of supervisors, with the the compensation, salaries, remuneration, retirement participation of minority shareholders; pay, pensions, and any other types of remuneration V – the terms of office, the performance appraisals, shall comply with the limits arising from the Federal and the liability of administrators. Constitution, receipt of excess being forbidden under ...... ” any circumstances. Article 23. Item V of article 206 of the Federal Con- Article 30. The bill of supplementary law mentioned stitution shall henceforth read as follows: in article 163 of the Federal Constitution shall be

135 Constitution of the Federative Republic of Brazil

submitted by the Executive Branch to the National academic and professional credentials, after the 5th Congress within one hundred and eighty days, at most, of October, 1983. of the promulgation of this Amendment. Article 34. This Constitutional Amendment shall Article 31. The public employees of federal govern- come into force on the date of its promulgation. mental entities and of entities owned by the Federal Government, the local administration employees, Brasília, June 4, 1998. and the members of the uniformed police force of the former Federal Territories of Amapá and Ro- THE DIRECTING BOARD OF THE CHAMBER raima, who, subject to the presentation of proof, were OF DEPUTIES: regularly exercising their functions and rendering Michel Temer, President – Heráclito Fortes, First services to those former Territories at the time they Vice President – Severino Cavalcanti, Second Vice were transformed into States; the uniformed police- President – Ubiratan Aguiar, First Secretary – Nelson men who were appointed by virtue of a federal law, Trad, Second Secretary – Paulo Paim, Third Secretary and paid by the Union; furthermore, the civil servants – Efraim Morais, Fourth Secretary. in these States whose employment status has already been acknowledged by the Union shall be included THE DIRECTING BOARD OF THE FEDERAL in a special job class to be terminated within the SENATE: federal government services, being ensured of their Antônio Carlos Magalhães, President – Geraldo Melo, specific rights and advantages, and the payment of First Vice President – Júnia Marise, Second Vice remuneration differences, under any circumstances, President – Ronaldo Cunha Lima, First Secretary being forbidden. – Carlos Patrocínio, Second Secretary – Flaviano Paragraph 1. The members of the uniformed police Melo, Third Secretary – Lucídio Portella, Fourth force shall go on rendering services to their respective Secretary. States, in the quality of detailed personnel, subject to the legal and regulatory provisions which govern the Published in the Official Journal, June 5, 1998. corps of their respective uniformed police forces, with due regard for the compatibility between the duties of their function and their rank in the hierarchy. Paragraph 2. The civil servants shall go on rendering services to their respective States, in the quality of detailed personnel, until they are placed in a federal governmental agency. Article 32. TheF ederal Constitution shall henceforth include the following article:

“Article 247. The laws provided for in item III of paragraph 1 of article 41, and in paragraph 7 of article 169, shall establish special criteria and guarantees for the loss of office of a tenured public employee who, by virtue of the duties of his effective post, performs exclusive activities of State. Sole paragraph. In the event of insufficient per- formance, the loss of office shall only take place by means of an administrative proceeding in which the adversary system and ample defense are ensured.”

Article 33. For the purposes of article 169, paragraph 3, II, of the Federal Constitution, untenured servants are those who were admitted into a governmental entity, an associate government agency, or a founda- tion, without having taken an entrance examina- tion consisting of tests, or tests and presentation of

136 Constitutional Amendments

– CONSTITUTIONAL according to the amounts stipulated under the terms of paragraph 3: AMENDMENT No. 20, 1998 – I – for permanent disability, with a pension in proportion to the period of contribution, except when such disability results from a work injury, a professional disease, or a serious, contagious, or incurable illness, as specified by law; Alters the social security system, II – compulsorily, at seventy years of age, with establishes rules for the transitional a pension in proportion to the period of con- period, and makes other provisions tribution; III – voluntarily, upon completing at least ten years of effective exercise in public administration and five years in the effective post from which TheD irecting Boards of the Chamber of Deputies and retirement is going to take place, with due regard of the Federal Senate, under the terms of paragraph 3 of for the following conditions: article 60 of the Federal Constitution, promulgate the a) sixty years of age and thirty-five of contribution, following Amendment to the constitutional text: if a man, and fifty-five years of age and thirty of contribution, if a woman; b) sixty-five years of age, if a man, and sixty, if Article 1. TheF ederal Constitution shall henceforth a woman, with pay in proportion to the period be in force with the following alterations: of contribution. Paragraph 2. At the time they are granted, retire- “Article 7...... ment pensions and other pensions may not exceed XII – family allowance paid to each depend- the remuneration of the respective employee ent of low-income workers, under the terms of in the effective post from which he retired or the law; which was taken as a parameter for the granting ...... of the pension. XXXIII – prohibition of night, dangerous, or Paragraph 3. At the time it is granted, the re- unhealthy work for minors under eighteen years tirement pension will be calculated according to of age, and of any work for minors under sixteen the remuneration of the employee in the effec- years of age, except as an apprentice, for minors tive post from which he is retiring and will be above fourteen years of age; equivalent to the total remuneration, under the ...... ” terms of the law. “Article 37...... Paragraph 4. The adoption of differentiated Paragraph 10. Receiving retirement pensions requirements and criteria for the granting of arising from article 40 or from articles 42 and retirement to those covered by the scheme set 142, while at the same time receiving the remu- forth in this article is forbidden, with the excep- neration of a public office, position or function tion of the cases, as defined by a supplementary is forbidden, with the exception of offices that law, of activities carried out exclusively under may be accumulated under the terms of this special conditions which are harmful to health Constitution, elective offices, and commission or to physical wholeness. offices declared by law as being of free appoint- Paragraph 5. The requirements concerning age ment and discharge.” and period of contribution will be reduced by five years, as regards the provision of paragraph “Article 40. Employees holding effective posts 1, item III, letter a, for teachers who document in the Union, the States, the Federal District, exclusively a period of effective exercise of teaching and the Municipalities, therein included their functions in children education and in elementary associate government agencies and foundations, and secondary education. are ensured of a social security scheme on a con- Paragraph 6. With the exception of the cases of tributory basis, with due regard for criteria that retirement from posts that can be accumulated preserve financial and actuarial balance and for under the terms of this Constitution, receiving the provisions of this article. more than one retirement pension charged to Paragraph 1. The employees covered by the social the social security scheme set forth in this article security scheme set forth in this article shall go is forbidden. into retirement, their pensions being calculated

137 Constitution of the Federative Republic of Brazil

Paragraph 7. The law shall provide for the grant- retirement pensions and other pensions to be ing of the benefit of a death pension, which will granted by the scheme referred to in this article, be equal to the retirement pension of the deceased the maximum limit set forth for the benefits of employee, or to the remuneration that the em- the general social security scheme referred to in ployee in active service would be entitled to at article 201. the date of his death, with due regard for the Paragraph 15. With due regard for the provisions provision of paragraph 3. of article 202, a supplementary law shall provide Paragraph 8. With due regard for the provision for the general rules for the establishment of a of article 37, XI, retirement pensions and other complementary social security scheme by the pensions shall be revised in the same proportion Union, the States, the Federal District, and the and on the same date, whenever the remuneration Municipalities, to serve their respective employees of employees in active service is changed, and any who hold effective posts. benefits or advantages subsequently granted to Paragraph 16. The provisions of paragraphs 14 employees in active service shall also be extended and 15 may be applied to an employee who has to retirees and to pensioners, including those aris- entered public administration on or before the ing from the transformation or reclassification of date of publication of the act which instituted the post or function from which retirement was the corresponding complementary social security taken, or which was taken as a parameter for the scheme only if such employee has previously granting of a pension, as the law provides. expressed such option.” Paragraph 9. The period of contribution in a Article 42...... federal, state, or municipal post shall be computed “ Paragraph 1. for the purpose of retirement, and the correspond- The provisions of article 14, para- ing period of service shall be computed for the graph 8; article 40, paragraph 9; and of article purpose of placement on paid availability. 142, paragraphs 2 and 3, apply to the military Paragraph 10. The law may not establish any of the States, of the Federal District, and of the method of computation of fictitious periods of Territories, in addition to other provisions that contribution. the law may establish, it being incumbent upon Paragraph 11. The limit set forth in article 37, specific state legislation to provide for the matters XI, applies to the total amount of the retirement of article 142, paragraph 3, item X, the ranks pension and other pensions, including those re- of the officers being awarded by the respective sulting from the accumulation of public posts or State Governors. Paragraph 2. positions, as well as from other activities which The provisions of article 40, para- must contribute to the general social security graphs 7 and 8, apply to the military of the States, scheme, and to the amount resulting from the of the Federal District, and of the Territories, and addition of pensions and the remuneration of to their pensioners.” a post which may be accumulated under the “Article 73...... terms of this Constitution, a commission office Paragraph 3. The Justices of the Federal Audit declared by law as being of free appointment and Court shall have the same guarantees, prerogatives, discharge, and an elective office. impediments, remuneration, and advantages as Paragraph 12. In addition to the provisions of the Justices of the Superior Court of Justice, their this article, the social security scheme of govern- retirement pensions and other pensions being ment employees who hold effective posts shall ruled by the provisions of article 40. comply, whenever appropriate, with the require- ...... ” ments and criteria stipulated for the general social “Article 93...... security scheme. VI – the retirement of judges as well as the pen- Paragraph 13. The general social security scheme sions for their dependents shall comply with the applies to employees who hold exclusively com- provisions of article 40; mission offices declared by law as being of free ...... ” appointment and discharge, as well as other tem- “Article 100...... porary posts or public positions. Paragraph 3. The provision contained in the head Paragraph 14. TheU nion, the States, the Federal paragraph of this article, regarding the emission District, and the Municipalities, provided that of court orders, does not apply to bonds defined they establish a complementary social security by law as being of a small amount, which must scheme for their respective employees who hold be paid by the federal, state, or municipal finance effective posts, may stipulate, for the amount of

138 Constitutional Amendments authorities by virtue of a final and unappealable Paragraph 9. The welfare contributions set forth court decision.” in item I of this article may have differentiated rates or assessment bases, according to the eco- Article 114. “ ...... nomic activity or the intensive use of labour. Paragraph 3. It is also incumbent upon the La- Paragraph 10. The law shall define the criteria ex officio bour Justice to enforce, , the welfare for the transfer of funds allocated to the unified a contributions set forth in article 195, I, , and II, health system and for social assistance initiatives, and their legal raises, arising from the judgments from the Union to the States, the Federal District, it pronounces.” and the Municipalities, and from the States to the “Article 142...... Municipalities, with due regard for the respective Paragraph 3...... transfer of funds. IX – the provisions of article 40, paragraphs 7 and Paragraph 11. It is forbidden to grant remission 8, apply to the military and to their pensioners; or pardon of the welfare contributions referred ...... ” to in itens I, a, and II of this article, for debits which exceed the limit stipulated by a supple- “Article 167...... mentary law.” XI – to use the funds arising from the welfare contributions set forth in article 195, I, a, and “Article 201. The social security system shall be II, to defray expenses other than the payment organized as a general scheme, of a contributory of benefits of the general social security scheme basis and mandatory participation, with due referred to in article 201. regard for criteria that preserve financial and ...... ” actuarial balance, and shall provide for, in accord- ance with the law: “Article 194...... I – coverage for the events of illness, disability, Sole paragraph...... death, and old age; VII – democratic and decentralized character II – protection to maternity, especially to preg- of administration, by means of a quadripartite nant women; management, with the participation of workers, III – protection to workers in a situation of in- employers, retirees, and the Government in the voluntary unemployment; collegiate bodies.” IV – family allowance and confinement allowance “Article 195...... for the dependents of the low-income insured; I – of employers, companies, and entities de- V – pension for death of the insured, man or wom- fined by law as being comparable to companies, an, to the spouse or companion, and dependents, assessed on: complying with the provision of paragraph 2. a) the payroll and other labour earnings paid or Paragraph 1. The adoption of differentiated -re credited, on any account, to individuals who quirements and criteria for the granting of retire- render services to them, even when there is no ment to the beneficiaries of the general social employment bond; security scheme is forbidden, with the exception of b) income or revenues; the cases, as defined by a supplementary law, of ac- c) profits; tivities carried out under special conditions which II – of workers and other persons insured by are harmful to health or to physical wholeness. social security, no contribution being assessed on Paragraph 2. No benefit which replaces the con- retirement pensions and other pensions granted tribution salary or labour earnings of the insured by the general social security scheme referred to shall have a monthly amount lower than the in article 201; minimum monthly wage...... Paragraph 3. All contribution salaries included Paragraph 8. Rural producers, sharecroppers, in the calculation of the benefit shall be duly tenant farmers, and self-employed fishermen, as updated, under the terms of the law. well as their spouses, who exercise their activities Paragraph 4. Adjustment of the benefits is en- within a household system and without perma- sured, to the end that their real value is perma- nent employees shall contribute to social welfare nently maintained, in accordance with criteria by applying a rate to the proceeds from the sale defined by law. of their production and shall be entitled to the Paragraph 5. Participation in the general social benefits provided by law. security scheme, in the quality of an optional

139 Constitution of the Federative Republic of Brazil

insured, is forbidden for a person who participates Paragraph 2. The contributions of employers, in a special social security scheme. the benefits, and the terms of contracts set forth Paragraph 6. The Christmas bonus for retirees in the bylaws, regulations, and benefit plans of and pensioners shall be based on the amount the private pension plan companies are neither an of the earnings in the month of December of integral part of the employment contract of par- each year. ticipants, nor, with the exception of the benefits Paragraph 7. Retirement is ensured under the granted, an integral part of the remuneration of general social security scheme, in accordance participants, under the terms of the law. with the law, upon compliance with the follow- Paragraph 3. TheU nion, the States, the Federal ing conditions: District, and the Municipalities, their associ- I – thirty-five years of contribution, if a man, and ate government agencies, foundations, public thirty years of contribution, if a woman; enterprises, joint stock companies, and other II – sixty-five years of age, if a man, and sixty years, public entities are forbidden to contribute funds if a woman, this age limit being reduced by five to private pension plan companies, save in the years for rural workers of both sexes and for those quality of sponsors, in which case their standard who exercise their activities within a household contribution may not, under any circumstances, system, therein included rural producers, placer exceed that of the insured. miners, and self-employed fishermen. Paragraph 4. A supplementary law shall regulate Paragraph 8. The requirements referred to in item the relationship between the Union, the States, the I of the preceding paragraph will be reduced by Federal District, or the Municipalities, including five years, for teachers who document exclusively their associate government agencies, foundations, a period of effective exercise of teaching functions joint stock companies, and enterprises controlled in children education and in elementary and either directly or indirectly, in the quality of spon- secondary education. sors of closed private pension plan companies, Paragraph 9. For purposes of retirement, the and their respective closed private pension plan reciprocal computation of the period of contribu- companies. tion in government bodies and in private activity, Paragraph 5. The supplementary law referred to either rural or urban, shall be ensured, in which in the preceding paragraph shall apply, insofar as case the various social security schemes shall offset pertinent, to private companies holding a permis- each other financially, in accordance with criteria sion or concession to render public services, when established by law. such companies sponsor closed private pension Paragraph 10. The law shall regulate the coverage plan companies. of employment-injury risks, and such coverage Paragraph 6. The supplementary law referred to shall be provided both by the general social se- in paragraph 4 of this article shall establish the curity scheme and the private sector. requirements for the appointment of board mem- Paragraph 11. The amounts habitually earned bers of the closed private pension plan companies, by an employee, on any account, shall be incor- and shall regulate the inclusion of participants in porated into his monthly salary for purposes of the collegiate bodies and decision-making bodies social security contribution and the resulting in which their interests are subject to discussion effects on benefits, in the cases and in the manner and decision.” provided by law.” Article 2. The following articles are added to the “Article 202. The private social security scheme, General Constitutional Provisions of the Federal of a complementary nature and organized on Constitution: an autonomous basis as regards the general so- Article 248. cial security scheme, shall be optional, based “ The benefits paid, under any aus- on the formation of reserves which guarantee pices, by the agency in charge of the general social the contracted benefit, and regulated by a sup- security scheme, even if they are financed by the plementary law. National Treasury, and those benefits not subject Paragraph 1. The supplementary law referred to to the maximum amount stipulated for benefits in this article shall ensure that the participant in granted by such scheme shall comply with the benefit plans of private pension plan companies is limits set forth in article 37, XI. provided with full access to information regarding Article 249. For the purpose of securing monies the management of their respective plans. for the payment of retirement pensions and other pensions granted to their respective employees

140 Constitutional Amendments

and their dependents, in addition to the mon- the law regulates the matter, shall be computed as a ies of their respective treasuries, the Union, the period of contribution. States, the Federal District, and the Municipalities Article 5. may establish funds, made up of monies arising The provision of article 202, paragraph 3, of from contributions, and of property, rights, and the Federal Constitution, regarding the requirement assets of any kind, by means of a law that shall of parity between the contribution of the sponsor provide for the nature and the management of and that of the insured, shall come into force two such funds. years as from the publication of this Amendment, or on the date of publication of the supplementary law Article 250. For the purpose of securing monies mentioned in paragraph 4 of the same article, if such for the payment of benefits granted by the general publication takes place first. social security scheme, in addition to the monies Article 6. arising from taxation, the Union may establish a The closed private pension plan companies fund made up of property, rights, and assets of any sponsored by public entities, including public enter- kind, by means of a law that shall provide for the prises and joint stock companies, must review, two nature and the management of such a fund.” years as from the publication of this Amendment, their benefit and service plans, so as to adjust them to their assets in terms of actuarial calculations, otherwise Article 3. The granting of retirement pensions and subject to intervention, and their managers as well other pensions is ensured, at any time, to public em- as those of their respective sponsors shall bear civil ployees and to participants in the general social security and criminal liability for non-compliance with the scheme, as well as to their dependents, who, by the provision of this article. date of publication of this Amendment, have complied with the requirements to be entitled to such benefits, Article 7. The bills of supplementary laws stated in in accordance with the criteria of the legislation in article 202 of the Federal Constitution shall be pre- effect at that time. sented to the National Congress within ninety days as Paragraph 1. The public employee referred to in this from the publication of this Amendment. article, who has met the requirements for retirement Article 8. with full pay and who chooses to remain in active (Revoked). (CA No. 41/2003) service, shall be entitled to exemption from social Article 9. With due regard for the provision of article security contribution until he meets the requirements 4 of this Amendment, and excepting the right to opt for retirement set forth in article 40, paragraph 1, for retirement under the terms established by this III, a, of the Federal Constitution. Amendment for the general social security scheme, Paragraph 2. The retirement pay to be granted to the the right to retirement is ensured to participants who public employees referred to in the head paragraph join the general social security scheme, before the date of this article, either in full or in proportion to the of publication of this Amendment, when they meet period of service completed by the date of publica- the following cumulative conditions: tion of this Amendment, as well as the pensions for I – fifty-three years of age, if a man, and forty-eight, their dependents, shall be calculated in accordance if a woman; with the legislation in effect at the time the require- II – a period of contribution equal to at least the ments therein contained for the granting of such sum of: benefits were met, or with the terms of the current a) thirty-five years, if a man, and thirty, if a woman; legislation. and Paragraph 3. All rights and guarantees ensured by b) an additional period of contribution equivalent constitutional provisions in effect at the date of pub- to twenty percent of the period which, at the date lication of this Amendment, to civil servants and of publication of this Amendment, would still military, retirees and pensioners, amnestied persons be necessary to reach the limit set forth in the and war veterans, as well as to those who, by such preceding letter. date, have met the requirements to be entitled to Paragraph 1. The participants mentioned in this such rights, with due regard for the provision of article, with due regard for its item I, and in ac- article 37, XI, of the Federal Constitution, shall be cordance with article 4 of this Amendment, may maintained. go into retirement with pay in proportion to the Article 4. With due regard for article 40, paragraph period of contribution, if they meet the following 10, of the Federal Constitution, the period of service conditions: taken into account by the current legislation for the I – a period of contribution equal to at least the purpose of retirement, and completed by the time sum of:

141 Constitution of the Federative Republic of Brazil

a) thirty years, if a man, and twenty-five years, if the publication of the law, shall be adjusted according a woman; and to the same indices applicable to the benefits of the b) an additional period of contribution equivalent general social security scheme. to forty percent of the period which, at the date Article 14. of publication of this Amendment, would still The maximum limit for the amount of be necessary to reach the limit set forth in the benefits 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 equiva- as R$ 1,200.00 (one thousand and two hundred reais), lent to seventy percent of the retirement pay referred and it shall be adjusted, as from the date of publication to in the head paragraph of this article, increased by of this Amendment, to the end that its real value is the addition of five percent per year of contribution permanently maintained, updated according to the which exceeds the sum referred to in the preceding same indices applicable to the benefits of the general item, up to the limit of one hundred percent. social security scheme. Paragraph 2. The period of service performed until Article 15. Until such time as the supplementary law the publication of this Amendment shall be increased referred to in article 201, paragraph 1, of the Federal by the addition of seventeen percent, for a male Constitution, is published, the provisions of articles teacher, and twenty percent, for a female teacher, who, 57 and 58 of Law no. 8,213, of July 24, 1991, remain until the date of publication of this Amendment, has effective, with the wording in force at the date of exercised teaching activities and opts to retire under publication of this Amendment. the terms of the head paragraph of this article, pro- vided that such retirement is based exclusively on the Article 16. This Constitutional Amendment shall period of effective exercise of a teaching function. come into force on the date of its publication. Article 10. The complementary social security scheme Article 17. Item II of paragraph 2 of article 153 of referred to in article 40, paragraphs 14, 15, and 16, of the Federal Constitution is hereby revoked. the Federal Constitution, may only be instituted after the publication of the supplementary law set forth in Brasília, December 15, 1998. paragraph 15 of the same article. THE DIRECTING BOARD OF THE CHAMBER Article 11. The prohibition set forth in article 37, OF DEPUTIES: paragraph 10, of the Federal Constitution, is not ap- Michel Temer, President – Heráclito Fortes, First plicable to members of government branches and to Vice President – Severino Cavalcanti, Second Vice retired employees, both civil and military, who, until President – Ubiratan Aguiar, First Secretary – Nelson the publication of this Amendment, have reentered Trad, Second Secretary – Paulo Paim, Third Secretary public administration by means of a public sector – Efraim Morais, Fourth Secretary. competitive examination consisting of tests, or of tests and presentation of academic and professional THE DIRECTING BOARD OF THE FEDERAL credentials, and by other means set forth in the Federal SENATE: Constitution, and they are forbidden to receive more Antônio Carlos Magalhães, President – Geraldo Melo, than one retirement pay under the social security First Vice President – Júnia Marise, Second Vice scheme referred to in article 40 of the Federal Con- President – Ronaldo Cunha Lima, First Secretary stitution, the limitation mentioned in paragraph 11 – Carlos Patrocínio, Second Secretary – Flaviano of the same article being applicable to them under Melo, Third Secretary – Lucídio Portella, Fourth any circumstances. Secretary. Article 12. Until such time as the laws providing for the contributions set forth in article 195 of the Federal Published in the Official Journal, December 16, Constitution come into force, the contributions es- 1998. tablished by law to fund social welfare and the various social security schemes shall be collected. Article 13. Until such time as the law regulates the access to family allowance and to confinement allow- ance for employees, participants, and their dependents, such benefits shall be granted only to those who earn a monthly gross income equal to or lower than R$ 360.00 (three hundred and sixty reais), which, until

142 Constitutional Amendments

– CONSTITUTIONAL Article 2. ThisA mendment shall come into force on the date of its publication. AMENDMENT No. 21, 1999 – Brasília, March 18, 1999.

THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Extends the provisional contribu- Michel Temer, President – Heráclito Fortes, First tion on the movement or transmis- Vice President – Severino Cavalcanti, Second Vice sion of monies and of credits and President – Ubiratan Aguiar, First Secretary – Nelson rights of a financial nature, referred Trad, Second Secretary – Efraim Morais, Fourth to in article 74 of the Temporary Secretary. Constitutional Provisions Act, and alters its rate. THE DIRECTING BOARD OF THE FEDERAL SENATE: Antônio Carlos Magalhães, President – Geraldo First Vice President TheD irecting Boards of the Chamber of Deputies and Melo, – Ronaldo Cunha Lima, First Secretary Second Secretary of the Federal Senate, under the terms of paragraph 3 of – Carlos Patrocínio, Third Secretary article 60 of the Federal Constitution, promulgate the – Nabor Júnior, – Casildo Maldaner, Fourth Secretary following Amendment to the constitutional text: . Published in the Official Journal, March 19, 1999. Article 1. Article 75 is included in the Temporary Constitutional Provisions Act, with the following wording:

“Article 75. The collection of the provisional contribution on the movement or transmission of monies and of credits and rights of a financial nature mentioned in article 74, established by Law no. 9,311, of October 24, 1996, is extended for thirty-six months, and the same extension applies to the effect ofL aw no. 9,539, of December 12, 1997, which modified Law no. 9,311. Paragraph 1. With due regard for paragraph 6 of article 195 of the Federal Constitution, the rate of the contribution shall be thirty-eight hundredths of one percent, in the first twelve months, and thirty hundredths in the subsequent months, and the Executive Power may reduce it, in whole or in part, in the limits hereby stipulated. Paragraph 2. The proceeds from increased col- lection of the contribution, resulting from the alteration of the rate, during the financial years of 1999, 2000, and 2001, shall be allocated to the financing of social security. Paragraph 3. The Union is authorized to issue domestic public debt bonds, whose resources shall be allocated to the financing of health services and social security, in an amount equivalent to the proceeds of the collection of the contribution, estimated but not achieved in 1999.”

143 Constitution of the Federative Republic of Brazil

– CONSTITUTIONAL of State, except for the competence of the Elec- toral Courts; AMENDMENT No. 22, 1999 – ...... ”

Article 4. ThisA mendment shall come into force on the date of its publication.

Adds a single paragraph to article Brasília, March 18, 1999. 98 and alters subitem “i” of item I of article 102, and subitem “c” of THE DIRECTING BOARD OF THE CHAMBER item I of article 105 of the Federal OF DEPUTIES: Constitution. Michel Temer, President – Heráclito Fortes, First Vice President – Severino Cavalcanti, Second Vice President – Ubiratan Aguiar, First Secretary – Nelson Trad, Second Secretary – Efraim Morais, Fourth The Directing Boards of the Chamber of Depu- Secretary. ties and of the Federal Senate, under the terms of paragraph 3 of article 60 of the Federal Constitu- THE DIRECTING BOARD OF THE FEDERAL tion, promulgate the following Amendment to the SENATE: constitutional text: Antônio Carlos Magalhães, President – Geraldo Melo, First Vice President – Ronaldo Cunha Lima, Article 1. The following single paragraph is added to First Secretary – Carlos Patrocínio, Second Secretary article 98 of the Federal Constitution: – Nabor Júnior, Third Secretary – Casildo Maldaner, Fourth Secretary. “Article 98...... Sole paragraph. Federal legislation shall provide Published in the Official Journal, March 19, 1999. for the establishment of special courts within Federal Justice.”

Article 2. Subitem i of item I of article 102 of the Federal Constitution shall be in force with the fol- lowing wording:

“Article 102...... I – ...... i) habeas corpus, when the constraining party is a Superior Court, or when the constraining party or the petitioner is an authority or employee whose acts are directly subject to the jurisdiction of the Supreme Federal Court, or in the case of a crime, subject to the same jurisdiction in one sole instance; ...... ”

Article 3. Subitem c of item I of article 105 of the Federal Constitution shall be in force with the fol- lowing wording:

“Article 105...... I – ...... c) habeas corpus, when the constraining party or the petitioner is any of the persons mentioned in subitem a, when the constraining party is a court, subject to its jurisdiction, or a Minister

144 Constitutional Amendments

– CONSTITUTIONAL Force, except as provided in article 52, I, the members of the Superior Courts, those of the AMENDMENT No. 23, 1999 – Federal Audit Court and the heads of permanent diplomatic missions; ...... ” “Article 105...... Alters articles 12, 52, 84, 91, 102, I – ...... and 105 of the Federal Constitution b) writs of mandamus and habeas data against an (establishment of the Ministry of act of a Minister of State, of the Commanders Defense). of the Navy, the Army, and the Air Force, or of the Court itself; c) habeas corpus, when the constraining party or the petitioner is any of the persons mentioned TheD irecting Boards of the Chamber of Deputies and in subitem a, or when the constraining party is of the Federal Senate, under the terms of paragraph 3 of a court subject to its jurisdiction, a Minister of article 60 of the Federal Constitution, promulgate the State or Commander of the Navy, the Army, or following Amendment to the constitutional text: the Air Force, except for the competence of the Electoral Courts; ...... ” Article 1. Articles 12, 52, 84, 91, 102, and 105 of the Federal Constitution shall henceforth be in force Article 2. ThisA mendment shall come into force on with the following alterations: the date of its publication.

“Article 12...... Brasília, September 2, 1999. Paragraph 3...... VII – that of Minister of Defense.” THE DIRECTING BOARD OF THE CHAMBER “Article 52...... OF DEPUTIES: I – to effect the legal proceeding and trial of the Michel Temer, President – Heráclito Fortes, First President and Vice President of the Republic for Vice President – Severino Cavalcanti, Second Vice crime of malversation, and the Ministers of State President – Ubiratan Aguiar, First Secretary – Nel- and the Commanders of the Navy, the Army, son Trad, Second Secretary – Jaques Wagner, Third and the Air Force for crimes of the same nature Secretary – Efraim Morais, Fourth Secretary. relating to those; ...... ” THE DIRECTING BOARD OF THE FEDERAL SENATE: “Article 84...... Antônio Carlos Magalhães, President – Geraldo Melo, XIII – exercise the supreme command of the First Vice President – Ademir Andrade, Second Vice Armed Forces, to appoint the Commanders of the President – Carlos Patrocínio, Second Secretary, Act- Navy, the Army, and the Air Force, to promote ing First Secretary – Nabor Júnior, Third Secretary general officers and to appoint them to the offices – Casildo Maldaner, Fourth Secretary. held exclusively by them; ...... ” Published in the Official Journal, September 3, “Article 91...... 1999. V – the Minister of Defense; ...... VIII – the Commanders of the Navy, the Army, and the Air Force.” ...... ” “Article 102...... I – ...... c) in common criminal offenses and crimes of malversation, the Ministers of State and the Com- manders of the Navy, the Army, and the Air

145 Constitution of the Federative Republic of Brazil

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

146 Constitutional Amendments

– CONSTITUTIONAL dred thousand inhabitants, the compensation of Local Councilmen shall correspond, at the AMENDMENT No. 25, 2000 – most, to sixty percent of the compensation of State Deputies;” “f) in Municipalities having over five hundred thousand inhabitants, the compensation of Lo- cal Councilmen shall correspond, at the most, Alters item VI of article 29 and adds to seventy-five percent of the compensation of article 29-A to the Federal Constitu- State Deputies; tion, regarding limits on expenditures ...... ” on the Municipal Legislative Power. Article 2. TheF ederal Constitution shall henceforth include the following article 29-A:

TheD irecting Boards of the Chamber of Deputies and “Article 29-A. The total expenditures of the Mu- of the Federal Senate, under the terms of paragraph 3 of nicipal Legislative Branch, including the com- article 60 of the Federal Constitution, promulgate the pensation of Local Councilmen and excluding following Amendment to the constitutional text: outlays on retired personnel, may not exceed the following percentages, related to the total amount, effectively realized in the prior year, of tax revenues Article 1. Item VI of article 29 of the Federal Consti- and the transfers set forth in paragraph 5 of article tution shall henceforth be in force with the following 153, and in articles 158 and 159:” wording: “I – eight percent to Municipalities having up to one hundred thousand inhabitants;” “Article 29...... “II – seven percent to Municipalities having be- VI – the compensation of Local Councilmen shall tween one hundred thousand and one inhabitants be stipulated by their respective Town Councils and three hundred thousand inhabitants;” in each legislative term for the subsequent one, “III – six percent to Municipalities having between with due regard for the provisions of this Con- three hundred thousand and one inhabitants and stitution, in accordance with the criteria set forth five hundred thousand inhabitants;” in the respective Organic Law and the following “IV – five percent to Municipalities having over maximum limits:” five hundred thousand inhabitants.” “a) In Municipalities having up to ten thousand “Paragraph 1. TheT own Council shall not spend inhabitants, the compensation of Local Council- more than seventy percent of its allocation on the men shall correspond, at the most, to twenty per- payroll, including expenses on the compensation cent of the compensation of State Deputies;” of its member councilmen.” “b) in Municipalities having between ten thou- “Paragraph 2. The following acts of the Municipal sand and fifty thousand inhabitants, the compen- Mayor are crimes of malversation:” sation of Local Councilmen shall correspond, at “I – to effect a remittance in excess of the limits the most, to thirty percent of the compensation stipulated in this article;” of State Deputies;” “II – not to effect a remittance before the twen- “c) in Municipalities having between fifty thou- tieth day of each month;” sand and one inhabitants and one hundred “III – to effect a remittance below the proportion thousand inhabitants, the compensation of Lo- stipulated in the Budgetary Law.” cal Councilmen shall correspond, at the most, “Paragraph 3. It shall be a crime of malversation to forty percent of the compensation of State for the President of the Town Council to disobey Deputies;” paragraph 1 of this article.” “d) in Municipalities having between one hun- dred thousand and one inhabitants and three Article 3. ThisA mendment shall come into force on hundred thousand inhabitants, the compensa- January 1, 2001. tion of Local Councilmen shall correspond, at the most, to fifty percent of the compensation of State Deputies;” “e) in Municipalities having between three hun- dred thousand and one inhabitants and five hun-

147 Constitution of the Federative Republic of Brazil

Brasília, February 14, 2000. – CONSTITUTIONAL

THE DIRECTING BOARD OF THE CHAMBER AMENDMENT No. 26, 2000 – OF DEPUTIES: Michel Temer, President – Heráclito Fortes, First Vice President – Severino Cavalcanti, Second Vice President – Ubiratan Aguiar, First Secretary – Nel- son Trad, Second Secretary – Jaques Wagner, Third Alters the wording of article 6 of the Secretary – Efraim Morais, Fourth Secretary. Federal Constitution.

THE DIRECTING BOARD OF THE FEDERAL SENATE: Antônio Carlos Magalhães, President – Geraldo TheD irecting Boards of the Chamber of Deputies and Melo, First Vice President – Ademir Andrade, Sec- of the Federal Senate, under the terms of paragraph 3 of ond Vice President – Ronaldo Cunha Lima, First article 60 of the Federal Constitution, promulgate the Secretary – Carlos Patrocínio, Second Secretary following Amendment to the constitutional text: – Nabor Júnior, Third Secretary – Casildo Maldaner, Fourth Secretary. Article 1. Article 6 of the Federal Constitution shall Published in the Official Journal, February 15, henceforth be in force with the following wording: 2000. “Article 6. Education, health, work, housing, leisure, security, social security, protection of motherhood and childhood, and assistance to the destitute, are social rights, as set forth by this Constitution.”

Article 2. ThisA mendment shall come into force on the date of its publication.

Brasília, February 14, 2000.

THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Michel Temer, President – Heráclito Fortes, First Vice President – Severino Cavalcanti, Second Vice President – Ubiratan Aguiar, First Secretary – Nel- son Trad, Second Secretary – Jaques Wagner, Third Secretary – Efraim Morais, Fourth Secretary.

THE DIRECTING BOARD OF THE FEDERAL SENATE: Antônio Carlos Magalhães, President – Geraldo Melo, First Vice President – Ademir Andrade, Sec- ond Vice President – Ronaldo Cunha Lima, First Secretary – Carlos Patrocínio, Second Secretary – Nabor Júnior, Third Secretary – Casildo Maldaner, Fourth Secretary.

Published in the Official Journal, February 15, 2000.

148 Constitutional Amendments

– CONSTITUTIONAL Brasília, March 21, 2000.

AMENDMENT No. 27, 2000 – THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Michel Temer, President – Heráclito Fortes, First Vice President – Severino Cavalcanti, Second Vice President – Ubiratan Aguiar, First Secretary – Nel- Adds article 76 to the Temporary son Trad, Second Secretary – Jaques Wagner, Third Constitutional Provisions Act, pro- Secretary – Efraim Morais, Fourth Secretary. viding that a certain amount of the proceeds from the collection of Fed- THE DIRECTING BOARD OF THE FEDERAL eral taxes and social contributions SENATE: shall be free from earmarking. Antônio Carlos Magalhães, President – Geraldo Melo, First Vice President – Ademir Andrade, Sec- ond Vice President – Ronaldo Cunha Lima, First Secretary – Carlos Patrocínio, Second Secretary TheD irecting Boards of the Chamber of Deputies and – Nabor Júnior, Third Secretary – Casildo Maldaner, of the Federal Senate, under the terms of paragraph 3 of Fourth Secretary. article 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text: Published in the Official Journal, March 22, 2000.

Article 1. Article 76 is included in the Temporary Constitutional Provisions Act, with the following wording:

“Article 76. Twenty percent of the proceeds from the collection of Federal taxes and social contribu- tions, already instituted or to be instituted in the period of 2000 to 2003, as well as their additional taxes and respective legal increases, shall not be earmarked to any agency, fund, or expense in the said period.” “Paragraph 1. The provision of the head para- graph of this article shall not reduce the ass- esment basis of the transfers to the States, the Federal District, and the Municipalities under the terms of articles 153, paragraph 5; 157, I; 158, I and II; and 159, I, a and b, and II, of the Constitution, neither the assesment basis of the applications in programs to finance the productive sector of the North, Northeast, and Centre-West Regions mentioned in article 159, I, c, of the Constitution.” “Paragraph 2. The proceeds from the collection of the social contribution for education mentioned in article 212, paragraph 5, of the Constitution, shall be excepted from the provision of the head paragraph of this article.”

Article 2. ThisA mendment shall come into force on the date of its publication.

149 Constitution of the Federative Republic of Brazil

– CONSTITUTIONAL – CONSTITUTIONAL AMENDMENT No. 28, 2000 – AMENDMENT No. 29, 2000 –

Gives new wording to item XXIX of Alters articles 34, 35, 156, 160, article 7 and revokes article 233 of 167, and 198 of the Federal Con- the Federal Constitution. stitution, and adds an article to the Temporary Constitutional Provi- sions Act, to guarantee a minimum amount of funds to finance health TheD irecting Boards of the Chamber of Deputies and actions and public services. of the Federal Senate, under the terms of paragraph 3 of article 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text: TheD irecting Boards of the Chamber of Deputies and of the Federal Senate, under the terms of paragraph 3 of Article 1. Item XXIX of article 7 of the Federal Con- article 60 of the Federal Constitution, promulgate the stitution shall henceforth read as follows: following Amendment to the constitutional text:

“XXIX – legal action, with respect to credits arising from employment relationships, with a Article 1. Subitem e of item VII of article 34 shall limitation of five years for urban and rural work- henceforth read as follows: ers, up to the limit of two years after the end of the employment contract;” “Article 34...... “a) (Revoked).” VII – ...... “b) (Revoked).” e) the application of the minimum required amount of the revenues resulting from state taxes, Article 2. Article 233 of the Federal Constitution is including revenues originating from transfers, to hereby revoked. the maintenance and development of education and to health actions and public services.” Article 3. ThisA mendment shall come into force on the date of its publication. Article 2. Item III of article 35 shall henceforth read as follows: Brasília, May 25, 2000. “Article 35...... THE DIRECTING BOARD OF THE CHAMBER III – the minimum required amount of the OF DEPUTIES: municipal revenues has not been applied to the Michel Temer, President – Heráclito Fortes, First maintenance and development of education and Vice President – Severino Cavalcanti, Second Vice to health actions and public services;” President – Ubiratan Aguiar, First Secretary – Nel- son Trad, Second Secretary – Jaques Wagner, Third Article 3. Paragraph 1 of article 156 of the Federal Secretary – Efraim Morais, Fourth Secretary. Constitution shall henceforth read as follows: “Article 156...... THE DIRECTING BOARD OF THE FEDERAL Paragraph 1. Without prejudice to the pro- SENATE: gressiveness in time mentioned in article 182, Antônio Carlos Magalhães, President – Geraldo Melo, paragraph 4, item II, the tax referred to in item First Vice President – Ademir Andrade, Second Vice I may:” President – Ronaldo Cunha Lima, First Secretary “I – be progressive according to the value of the – Carlos Patrocínio, Second Secretary – Casildo property; and” Maldaner, Fourth Secretary. “II – have different rates according to the location and utilization of the property. Published in the Official Journal, May 26, 2000, ...... ” rectified on May 29, 2000.

150 Constitutional Amendments

Article 4. The sole paragraph of article 160 shall funds mentioned in articles 158 and 159, item henceforth read as follows: I, subitem b, and paragraph 3.” “Paragraph 3. A supplementary law to be revised “Article 160...... at least every five years shall establish:” Sole paragraph. The prohibition mentioned “I – the percentages referred to in paragraph in the present article does not prevent the Un- 2;” ion and the states from remitting the funds on “II – the criteria for the sharing of funds of the condition of:” Union earmarked for health and assigned to the “I – payment of their credits, including those of States, the Federal District, and the Municipalities, the associate government agencies;” and of funds of the States assigned to their respec- “II – compliance with the provisions of article tive Municipalities, with a view to a progressive 198, paragraph 2, items II and III.” reduction of regional disparities;” “III – the rules for supervision, assessment, and Article 5. Item IV of article 167 shall henceforth control of expenditures on health at the level of read as follows: the Union, the States, the Federal District, and the Municipalities;” “Article 167...... “IV – the rules to calculate the amount to be IV – to bind tax revenues to an agency, fund or applied by the Union.” expense, excepting the sharing of the proceeds from the collection of the taxes referred to in Article 7. TheT emporary Constitutional Provisions articles 158 and 159, the allocation of funds for Act shall henceforth include the following article health actions and public services and for the 77: maintenance and development of education, as determined, respectively, in article 198, paragraph “Article 77. Until the financial year of 2004, the 2, and article 212, and the granting of guarantees minimum amount of funds applied to health on credit transactions by advance of revenues, as actions and public services shall be equivalent established in article 165, paragraph 8, as well as to:” in paragraph 4 of the present article; “I – in the case of the Union:” ...... ” “a) in the year 2000, the amount of checks issued to health actions and public services during the fi- Article 6. Article 198 shall henceforth include the nancial year of 1999, plus at least five percent;” following paragraphs 2 and 3, and the current sole “b) from the year 2001 through the year 2004, the paragraph shall be renumbered as paragraph 1: amount expended in the previous year, restated according to the nominal changes of the Gross “Article 198...... Domestic Product – GDP;” Paragraph 1 (original sole paragraph) ...... “II – in the case of the States and of the Federal Paragraph 2. The Union, the States, the Fed- District, twelve percent of the proceeds from the eral District, and the Municipalities shall apply collection of the taxes referred to in article 155 each year, to health actions and public services, and of the funds mentioned in articles 157 and a minimum amount of funds derived from the 159, item I, subitem a, and item II, after deduct- application of percentages calculated upon the ing the portions transferred to the respective following:” Municipalities;” “I – in the case of the Union, in the manner “III – in the case of the Municipalities and of defined under the terms of the supplementary the Federal District, fifteen percent of the pro- law provided for in paragraph 3;” ceeds from the collection of the taxes mentioned “II – in the case of the States and of the Federal in article 156 and of the funds mentioned in District, the proceeds from the collection of the articles 158 and 159, item I, subitem b, and taxes mentioned in article 155 and of the funds paragraph 3.” mentioned in articles 157 and 159, item I, subitem “Paragraph 1. The States, the Federal District, a, and item II, after deducting the portions remit- and the Municipalities which apply percentages ted to the respective Municipalities;” lower than those stipulated in items II and III “III – in the case of the Municipalities and of the shall raise them gradually, until the financial year Federal District, the proceeds from the collection of 2004, the difference being reduced at the rate of the taxes mentioned in article 156 and of the of at least one fifth per year, and the application

151 Constitution of the Federative Republic of Brazil

shall consist of at least seven percent as of the – CONSTITUTIONAL year 2000.” “Paragraph 2. At least fifteen percent of the AMENDMENT No. 30, 2000 – funds of the Union expended under the terms of this article shall be applied in the Municipali- ties, according to the populational criterion, to health actions and public services, in accordance with the law.” Alters the wording of article 100 of “Paragraph 3. The funds of theS tates, the Fed- the Federal Constitution, and adds eral District, and the Municipalities assigned for article 78 to the Temporary Consti- health actions and public services, as well as those tutional Provisions Act, regarding transferred by the Union for the same purpose, the payment of court order debts. shall be applied by means of the Health Fund, to be monitored and supervised by the Health Board, without prejudice to the provisions of article 74 of the Federal Constitution.” TheD irecting Boards of the Chamber of Deputies and “Paragraph 4. In the absence of the supplemen- of the Federal Senate, under the terms of paragraph 3 of tary law referred to in article 198, paragraph 3, article 60 of the Federal Constitution, promulgate the the provisions of this article shall apply to the following Amendment to the constitutional text: Union, the States, the Federal District, and the Municipalities as of the financial year of 2005.” Article 1. Article 100 of the Federal Constitution shall henceforth read as follows: Article 8. ThisA mendment shall come into force on the date of its publication. “Article 100...... Paragraph 1. Brasília, September 13, 2000. It is mandatory for the budgets of public entities to include the funds required for THE DIRECTING BOARD OF THE CHAMBER the payment of debts arising from final and unap- OF DEPUTIES: pealable judicial decisions, stated in court orders Michel Temer, President – Heráclito Fortes, First presented until or on July 1, and the payment Vice President – Severino Cavalcanti, Second Vice shall be made before the close of the subsequent President – Ubiratan Aguiar, First Secretary – Nel- fiscal year, on which date their amounts shall be son Trad, Second Secretary – Jaques Wagner, Third adjusted for inflation.” Paragraph 1-A. Secretary – Efraim Morais, Fourth Secretary. “ Alimony debts include those arising from salaries, remuneration, pay, pen- THE DIRECTING BOARD OF THE FEDERAL sions, and their supplementations, social security SENATE: benefits and compensation for death and dis- Antônio Carlos Magalhães, President – Geraldo Melo, ability, such compensation being based on civil First Vice President – Ademir Andrade, Second Vice liability, by virtue of a final and unappealable President – Ronaldo Cunha Lima, First Secretary judicial decision.” Paragraph 2. – Carlos Patrocínio, Second Secretary – Nabor Júnior, “ The budgetary allocations and the Third Secretary. credits opened shall be assigned directly to the Judicial Power, it being within the competence Published in the Official Journal, September 14, of the President of the Court which rendered 2000. the decision of execution to determine payment, according to the possibilities of the deposit, and to authorize, upon petition of a creditor and ex- clusively in the event that his right of precedence is not respected, seizure of the amount required to satisfy the debt.” “Paragraph 3. The provision contained in the head paragraph of this article, regarding the emis- sion of court orders, does not apply to bonds defined by law as being of a small amount, which must be paid by the Federal, State, or Municipal

152 Constitutional Amendments

tax authorities by virtue of a final and unappeal- Brasília, September 13, 2000. able judicial decision.” “Paragraph 4. The law may stipulate different THE DIRECTING BOARD OF THE CHAMBER amounts for the purpose set forth in paragraph 3 OF DEPUTIES: of this article, according to the different capacities Michel Temer, President – Heráclito Fortes, First of public entities.” Vice President – Severino Cavalcanti, Second Vice “Paragraph 5. The President of the appropriate President – Ubiratan Aguiar, First Secretary – Nel- Court who, by means of an act or omission, de- son Trad, Second Secretary – Jaques Wagner, Third lays or attempts to frustrate the regular payment Secretary – Efraim Morais, Fourth Secretary. of a court order debt shall be liable to crime of malversation.” THE DIRECTING BOARD OF THE FEDERAL SENATE: Article 2. Article 78 is added to the Temporary Consti- Antônio Carlos Magalhães, President – Geraldo Melo, tutional Provisions Act, with the following wording: First Vice President – Ademir Andrade, Second Vice President – Ronaldo Cunha Lima, First Secretary “Article 78. With the exception of credits defined – Carlos Patrocínio, Second Secretary – Nabor Júnior, by law as being of a small amount, credits for Third Secretary. alimony, and credits stated in article 33 of this Temporary Constitutional Provisions Act and Published in the Official Journal, September 14, their supplementations, as well as those credits 2000. whose respective funds have already been released or paid into court, the court order debts for which payment is outstanding on the date of promul- gation of this Amendment and those deriving from actions commenced before or on December 31, 1999, shall be settled according to their real value, in legal tender, including legal interests, in equal and successive annual installments, within ten years at the most, the assignment of credits being permitted.” “Paragraph 1. The division of installments is permitted, at the discretion of the creditor.” “Paragraph 2. In the event the annual install- ments referred to in the head paragraph of this article have not been paid before the end of the relevant fiscal year, they shall be deducted from the taxes owed to the debtor entity.” “Paragraph 3. The period of time referred to in the head paragraph of this article is reduced to two years, in the case of court order debts deriving from the expropriation of a creditor’s residential property, provided that such property is proven to be the creditor’s only residential property at the time of emission of a writ of ejectment.” “Paragraph 4. If the time limit has elapsed, or in the case of omission in the budget, or in the event the right of precedence is not respected, the President of the appropriate Court shall, upon petition of a creditor, requisition or order the seizure of funds of the debtor entity, at an amount sufficient to pay the installment.”

Article 3. ThisA mendment shall come into force on the date of its publication.

153 Constitution of the Federative Republic of Brazil

– CONSTITUTIONAL III – the proceeds from the collection of the tax referred to in article 153, item VII, of the AMENDMENT No. 31, 2000 – Constitution; IV – budgetary appropriations; V – donations, of any nature, by individuals or corporations established in Brazil or abroad; VI – other revenues, to be defined by the legisla- Alters the Temporary Constitutional tion that regulates the Fund. Provisions Act, introducing articles Paragraph 1. The provisions of articles 159 that establish the Fund to Fight and and 167, item IV, of the Constitution, are not Eradicate Poverty. applicable to the resources that make up the Fund, neither is any disconnection of budgetary resources. Paragraph 2. The proceeds from the collection of TheD irecting Boards of the Chamber of Deputies and the resources referred to in item I of this article, of the Federal Senate, under the terms of paragraph 3 of during the period from June 18, 2000 through article 60 of the Federal Constitution, promulgate the the date the supplementary law mentioned in following Amendment to the constitutional text: article 79 becomes effective, shall be remitted in full to the Fund, their real value being preserved, in federal government securities, progressively Article 1. The following articles are added to the redeemable after June 18, 2002, under the terms Temporary Constitutional Provisions Act of the Federal of the law. Constitution: Article 81. A Fund is hereby instituted, to be “Article 79. The Fund to Fight and Eradicate comprised of the resources received by the Federal Poverty, hereby instituted within the sphere of Government as a result of divestiture of govern- the Federal Executive Branch, shall be in force ment-controlled corporations and public entre- through the year 2010 and shall be regulated prises controlled either directly or indirectly by by a supplementary law, aiming at enabling all the Federal Government, when such operation Brazilians to have access to adequate subsist- involves the divestment of the respective con- ence levels, and its resources shall be applied to trolling interest to an individual or entity not supplementary initiatives regarding nutrition, belonging to the government bodies, or of any housing, education, health, a complementary remaining equity interest following such divest- family income, and other programs of relevant ment, and the income thereof, generated as from social interest oriented towards the improvement June 18, 2002, shall be transferred to the Fund of the quality of life. to Fight and Eradicate Poverty. Paragraph 1. Sole paragraph. TheF und set forth in this article In case the yearly amount of income shall have an Advisory and Monitoring Board to be transferred to the Fund to Fight and Eradi- that must include representatives of civil society, cate Poverty, as set forth in this article, does not under the terms of the law. add up to the total of four billion reais, it shall be Article 80. The Fund to Fight and Eradicate supplemented according to article 80, item IV, of Poverty is comprised of: the Temporary Constitutional Provisions Act. Paragraph 2. I – the part of the proceeds from the collection Without prejudice to the provision corresponding to additional eight hundredths of paragraph 1, the Executive Branch may allocate of one percent, applicable from June 18, 2000, other revenues deriving from the sale of Federal through June 17, 2002, to the rate of the social Government assets to the Fund mentioned in contribution referred to in article 75 of the Tem- this article. Paragraph 3. porary Constitutional Provisions Act; The resources that make up the II – the part of the proceeds from the collection Fund referred to in the head paragraph of this corresponding to additional five percent on the article, the transfer of said resources to the Fund to rate of the federal VAT [IPI], or of the tax that Fight and Eradicate Poverty, and the other provi- may eventually replace it, levied on luxury goods sions concerning paragraph 1 of this article shall and applicable while the Fund is in force; be regulated by law, and the provision of article 165, paragraph 9, item II of the Constitution shall not be applicable.

154 Constitutional Amendments

Article 82. TheS tates, the Federal District, and – CONSTITUTIONAL the Municipalities shall institute Funds to Fight Poverty, comprised of the resources referred to in AMENDMENT No. 32, 2001 – this article and other resources that may eventually be allocated for this purpose, and the said Funds shall be managed by entities which include the participation of civil society. Paragraph 1. With a view to financing theS tate Alters provisions of articles 48, 57, Funds and the Federal District Fund, an addi- 61, 62, 64, 66, 84, 88, and 246 of tional tax of up to two percent may be created, the Federal Constitution, and makes to raise the rate of the State VAT [ICMS], or the other provisions. rate of the tax that may eventually replace it, levied on luxury goods and services, and the provision of article 158, item IV, of the Constitution shall not be applicable to such additional tax. TheD irecting Boards of the Chamber of Deputies and Paragraph 2. With a view to financing the Mu- of the Federal Senate, under the terms of paragraph 3 of nicipal Funds, an additional tax of up to half of article 60 of the Federal Constitution, promulgate the one percent may be created, to raise the rate of following Amendment to the constitutional text: the local service tax [ISS], or the rate of the tax that may eventually replace it, levied on luxury services. Article 1. Articles 48, 57, 61, 62, 64, 66, 84, 88, Article 83. A federal law shall define the luxury and 246 of the Federal Constitution shall henceforth goods and services referred to in articles 80, item read as follows: II, and 82, paragraphs 1 and 2.” “Article 48...... X – creation, change, and abolishment of public Article 2. ThisA mendment shall come into force on offices, positions and functions, with due regard the date of its publication. for article 84, VI, b; XI – creation and abolishment of Ministries and Brasília, December 14, 2000. Government bodies; ...... ” THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: “Article 57...... Michel Temer, President – Heráclito Fortes, First Paragraph 7. In a special legislative session, the Vice President – Severino Cavalcanti, Second Vice National Congress shall deliberate only upon the President – Ubiratan Aguiar, First Secretary – Nel- matter for which it was called, exception being son Trad, Second Secretary – Jaques Wagner, Third made for the event mentioned in paragraph 8, the Secretary – Efraim Morais, Fourth Secretary. payment of a compensatory amount in excess of the monthly compensation being forbidden. THE DIRECTING BOARD OF THE FEDERAL Paragraph 8. If there are provisional measures in SENATE: effect on the date a special session of theN ational Antônio Carlos Magalhães, President – Geraldo Melo, Congress is called, they shall be automatically First Vice President – Ademir Andrade, Second Vice included in the agenda of the session.” President First Secretary – Ronaldo Cunha Lima, “Article 61...... Second Secretary – Carlos Patrocínio, – Nabor Júnior, Paragraph 1...... Third Secretary . II – ...... e) creation and abolishment of Ministries and Published in the Official Journal, December 18, Government bodies, with due regard for the 2000. provision of article 84, VI; ...... ” “Article 62. In important and urgent cases, the President of the Republic may adopt provisional measures with the force of law and shall submit them to the National Congress immediately.

155 Constitution of the Federative Republic of Brazil

Paragraph 1. The issuance of provisional measures Paragraph 7. If the voting of a provisional is forbidden when the matter involved: measure is not concluded in both Houses of the I – deals with: National Congress within the period of sixty a) nationality, citizenship, political rights, political days as of its date of publication, its period of parties, and election law; effectiveness may be extended once for an identi- b) criminal law, criminal procedural law, and civil cal period of time. procedural law; Paragraph 8. The voting of provisional measures c) organization of the Judicial Branch and of the shall start in the House of Deputies. Public Prosecution, the career and guarantees of Paragraph 9. It is incumbent upon the joint their members; committee of Deputies and Senators to examine d) pluriannual plans, budgetary directives, budg- provisional measures and issue an opinion ther- ets, and additional and supplementary credits, eon, before they are submitted to floor action with the exception of the provision mentioned in each House of the National Congress in a in article 167, paragraph 3; separate session. II – aims at the detention or seizure of goods, Paragraph 10. It is forbidden to reissue a provi- people’s savings, or any other financial asset; sional measure in the same legislative session in III – is reserved for a supplementary law; which it was rejected or lost its effectiveness due IV – has already been regulated by a bill of to lapse of time. law passed by the National Congress which is Paragraph 11. If the legislative decree mentioned awaiting sanction or veto by the President of in paragraph 3 is not issued within sixty days as the Republic. of the date the provisional measure was rejected Paragraph 2. A provisional measure to institute or lost its effectiveness, the legal relations consti- or increase taxes, with the exception of the taxes tuted and arising from acts performed during its mentioned in articles 153, I, II, IV, V, and 154, period of effectiveness shall still be regulated by II, shall only produce effects in the subsequent such provisional measure. financial year if it has been converted into law Paragraph 12. Should a bill of law be passed that before or on the last day of the financial year in alters the original text of a provisional measure, which it was issued. the latter will remain effective in full until such Paragraph 3. With the exception of the provisions date as the bill is sanctioned or vetoed.” mentioned in paragraphs 11 and 12, provisional Article 64. measures shall lose effectiveness from the day “ ...... Paragraph 2. of their issuance if they are not converted into If, in the event of paragraph 1, the law within a period of sixty days, which may be Chamber of Deputies and the Federal Senate fail extended once for an identical period of time to act, each one, sucessively, on the proposition, under the terms of paragraph 7, and the National within the period of forty-five days, deliberation Congress shall issue a legislative decree to regulate on all other legislative matters shall be suspended the legal relations arising therefrom. in the respective House, save those which must Paragraph 4. The period mentioned in paragraph be considered within a stipulated constitutional 3 shall be counted from the date of publication of period, in order that the voting may be concluded. the provisional measure and shall be interrupted ...... ” while the National Congress is in recess. “Article 66...... Paragraph 5. Deliberation by each House of the Paragraph 6. If the period of time established National Congress upon the merits of provisional in paragraph 4 elapses without a decision being measures shall depend on prior determination reached, the veto shall be included in the order of their compliance with the constitutional re- of the day of the subsequent session, and all quirements. other propositions shall be suspended until its Paragraph 6. If a provisional measure is not final voting. examined within forty-five days as of its date of ...... ” publication, it shall subsequently be forwarded to urgent consideration in each House of the “Article 84...... National Congress, and the deliberation of all VI – provide for the following, by means of a other legislative matters shall be suspended in decree: the House where it is under consideration, until a) organization and operation of federal gov- such time as voting is concluded. ernment services, whenever no augmentation

156 Constitutional Amendments

of expenditures or creation or abolishment of – CONSTITUTIONAL government bodies is involved; b) abolishment of public positions or posts, if AMENDMENT No. 33, 2001 – vacant; ...... ” “Article 88. The law shall provide for the creation and abolishment of Ministries and government Alters articles 149, 155, and 177 of bodies.” the Federal Constitution. “Article 246. The adoption of a provisional meas- ure for the regulation of any article of the Con- stitution the wording of which has been altered by means of an amendment enacted between TheD irecting Boards of the Chamber of Deputies and January 1, 1995 and the date of enactment of of the Federal Senate, under the terms of paragraph 3 of this amendment is forbidden.” article 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text: Article 2. Any provisional measures issued on a date prior to the date of publication of this amendment Article 1. Article 149 of the Federal Constitution shall remain in force until such time as a subsequent shall henceforth be in force with the addition of the provisional measure explicitly revokes them or until following paragraphs, and the current sole paragraph final deliberation by the National Congress. shall be renumbered as paragraph 1: Article 3. This ConstitutionalA mendment shall come into force on the date of its publication. “Article 149...... Paragraph 1...... Paragraph 2. The social contribution taxes men- Brasília, September 11, 2001. tioned in the head paragraph of this article, as well THE DIRECTING BOARD OF THE CHAMBER as the contribution taxes regarding intervention in the economic domain: OF DEPUTIES: I – shall not be levied on export earnings; Aécio Neves, President – Efraim Morais, First Vice II – may be levied on the importation of petro- President – Barbosa Neto, Second Vice President leum and petroleum products, natural gas and – Nilton Capixaba, Second Secretary – Paulo its by-products, and fuel alcohol; Rocha, Third Secretary – Ciro Nogueira, Fourth III – may have the following rates: Secretary. a) ad valorem rates, having as basis the proceeds, THE DIRECTING BOARD OF THE FEDERAL gross revenues, or the value of the transaction, and, in the case of importation, the customs value; SENATE: b) specific rates, having as basis the unit of meas- Edison Lobão, President Pro-Tempore – Antonio urement adopted. Carlos Valadares, Second Vice President – Carlos Wil- Paragraph 3. A natural person who is the re- son, First Secretary – Antero Paes de Barros, Second cipient in an import transaction may be held as Secretary – Ronaldo Cunha Lima, Third Secretary equivalent to a corporate body, under the terms – Mozarildo Cavalcanti, Fourth Secretary. of the law. Paragraph 4. The law shall establish the cases in Published in the Official Journal, September 12, which contributions will be levied only once.” 2001. Article 2. Article 155 of the Federal Constitution shall henceforth be in force with the following alterations:

“Article 155...... Paragraph 2...... IX – ...... a) on the entry of goods or products imported from abroad by an individual or corporate body,

157 Constitution of the Federative Republic of Brazil

even in the case of a taxpayer who does not pay Paragraph 5. The rules for the enforcement of such tax on a regular basis, regardless of its pur- the provisions of paragraph 4, including those pose, as well as on services rendered abroad, and concerning the collection and assignment of the tax shall be attributed to the state where the the tax, shall be established by joint decision of domicile or the establishment of the recipient of states and the Federal District, under the terms the product, good, or service is located; of paragraph 2, XII, g.” ...... XII – ...... Article 3. Article 177 of the Federal Constitution shall h) define the fuels and lubricants on which this henceforth include the following paragraph: tax shall be levied only once, regardless of its purpose, in which case the provision of item X, “Article 177...... b shall not apply; Paragraph 4. The law which institutes a con- i) stipulate the assessment basis so as to include the tribution tax of intervention in the economic amount of the tax, also in the event of importation domain regarding activities of importation or sale of goods, products, or services from abroad. of petroleum and petroleum products, natural gas Paragraph 3. With the exception of the taxes and its by-products, and fuel alcohol shall include mentioned in item II of the head paragraph of the following requirements: the present article, and article 153, I and II, no I – the contribution rate may be: other tax may be levied on transactions concern- a) different for each product or use; ing electric energy, telecommunications services, b) lowered and restored to its original level by an petroleum products, fuels, and minerals of the act of the Executive Branch, and the provision of country. article 150, III, b, shall not apply thereto; Paragraph 4. In the event of item XII, h, the II – the proceeds from the collection of the con- following shall apply: tribution shall be allocated: I – in transactions involving lubricants and petro- a) to the payment of price or transportation leum-derived fuels, the tax shall be attributed to subsidies for fuel alcohol, natural gas and its the state where consumption takes place; by-products, and petroleum products; II – in interstate transactions among taxpayers b) to the financing of environmental projects involving natural gas and its by-products, and related to the petroleum and gas industry; lubricants and fuels not included in item I of c) to the financing of transportation infrastructure this paragraph, the tax shall be shared by the programs.” state of origin and the state of destination, and the proportion existing in transactions involving Article 4. Until such time as the supplementary law other goods shall be observed; mentioned in article 155, paragraph 2, XII, h, of the III – in interstate transactions involving natural Federal Constitution, comes into force, the states gas and its by-products, and lubricants and fuels and the Federal District, by means of an agreement not included in item I of this paragraph, when entered into under the terms of paragraph 2, XII, g, it is not incumbent upon the recipient to pay of the said article, shall establish provisional rules to the tax, such tax shall be attributed to the state regulate the matter. of origin; Article 5. This ConstitutionalA mendment shall come IV – the tax rates shall be defined by joint deci- into force on the date of its promulgation. sion of states and the Federal District, under the terms of paragraph 2, XII, g, with due regard for Brasília, December 11, 2001. the following: a) they shall be uniform throughout the na- THE DIRECTING BOARD OF THE CHAMBER tional territory, and they may be different for OF DEPUTIES: each product; Aécio Neves, President – Efraim Morais, First Vice b) they may be specific, according to the unit of President – Barbosa Neto, Second Vice President measurement adopted, or ad valorem, levied on – Severino Cavalcanti, First Secretary – Nilton the value of the transaction or on the price the Capixaba, Second Secretary – Paulo Rocha, Third product or a similar product would be sold for Secretary – Ciro Nogueira, Fourth Secretary. in free competition circumstances; c) they may be lowered and restored to their original levels, and the provision of article 150, III, b shall not apply thereto.

158 Constitutional Amendments

THE DIRECTING BOARD OF THE FEDERAL – CONSTITUTIONAL SENATE: Ramez Tebet, President – Edison Lobão, First Vice AMENDMENT No. 34, 2001 – President – Antonio Carlos Valadares, Second Vice President – Carlos Wilson, First Secretary – Antero Paes de Barros, Second Secretary – Ronaldo Cunha Lima, Third Secretary – Mozarildo Cavalcanti, Fourth Secretary. Gives new wording to subitem c of item XVI of article 37 of the Federal Published in the Official Journal, December 12, Constitution. 2001.

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

Article 1. Subitem c of item XVI of article 37 of the Federal Constitution shall henceforth read as follows:

“Article 37...... XVI – ...... c) of two positions or jobs which are exclusive for health professionals, with regulated professions; ...... ”

Article 2. This ConstitutionalA mendment shall come into force on the date of its publication.

Brasília, December 13, 2001.

THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Aécio Neves, President – Barbosa Neto, Second Vice President – Nilton Capixaba, Second Secretary – Paulo Rocha, Third Secretary.

THE DIRECTING BOARD OF THE FEDERAL SENATE: Ramez Tebet, President – Edison Lobão, First Vice President – Antonio Carlos Valadares, Second Vice President – Carlos Wilson, First Secretary – Antero Paes de Barros, Second Secretary – Ronaldo Cunha Lima, Third Secretary – Mozarildo Cavalcanti, Fourth Secretary.

Published in the Official Journal, December 14, 2001.

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– CONSTITUTIONAL received or given by virtue of the exercise of their mandate, nor on persons who rendered them in- AMENDMENT No. 35, 2001 – formation or received information from them. Paragraph 7. Incorporation into the Armed Forces of Deputies and Senators, even if they hold military rank and even in time of war shall depend upon the prior granting of permission by Gives new wording to article 53 of the respective House. the Federal Constitution. Paragraph 8. The immunities of Deputies and Senators shall be maintained during a state of siege and may only be suspended by the vote of two- thirds of the members of the respective House, in TheD irecting Boards of the Chamber of Deputies and the case of acts committed outside the premises of the Federal Senate, under the terms of paragraph 3 of of Congress, which are not compatible with the article 60 of the Federal Constitution, promulgate the implementation of such measure.” following Amendment to the constitutional text: Article 2. This ConstitutionalA mendment shall come into force on the date of its publication. Article 1. Article 53 of the Federal Constitution shall henceforth be in force with the following al- Brasília, December 20, 2001. terations:

“Article 53. Deputies and Senators enjoy civil THE DIRECTING BOARD OF THE CHAMBER and criminal inviolability on account of any of OF DEPUTIES: their opinions, words and votes. Aécio Neves, President – Efraim Morais, First Vice Paragraph 1. Deputies and Senators, from the President – Barbosa Neto, Second Vice President date of issuance of the certificate of election – Severino Cavalcanti, First Secretary – Nilton victory, shall be tried by the Supreme Federal Capixaba, Second Secretary – Paulo Rocha, Third Court. Secretary – Ciro Nogueira, Fourth Secretary. Paragraph 2. From the date of issuance of the certificate of election victory, the members of the THE DIRECTING BOARD OF THE FEDERAL National Congress may not be arrested, except SENATE: in flagrante delicto of a non-bailable offense. In Ramez Tebet, President – Edison Lobão, First Vice such case, the case records shall be sent within President – Antonio Carlos Valadares, Second Vice twenty-four hours to the respective House, which, President – Carlos Wilson, First Secretary – Antero by the vote of the majority of its members, shall Paes de Barros, Second Secretary – Ronaldo Cunha decide on the arrest. Lima, Third Secretary – Mozarildo Cavalcanti, Fourth Paragraph 3. Upon receiving an accusation Secretary. against a Senator or Deputy, for an offense committed after the issuance of the certificate Published in the Official Journal, December 21, of election victory, the Supreme Federal Court 2001. shall inform the respective House, which, by the initiative of a political party therein represented and by the vote of the majority of those House members, may, until such time as a final decision is issued, stay consideration of the action. Paragraph 4. The request for stay shall be exam- ined by the respective House within the unextend- able period of forty-five days as from its receipt by the Directing Board. Paragraph 5. The stay of proceedings shall sus- pend the limitation for the duration of the term of office. Paragraph 6. Deputies and Senators shall not be compelled to render testimony on information

160 Constitutional Amendments

– CONSTITUTIONAL Paragraph 4. Specific legislation shall regulate the participation of foreign capital in the companies AMENDMENT No. 36, 2002 – mentioned in paragraph 1. Paragraph 5. Any alterations in the corporate control of the companies mentioned in para- graph 1 must be communicated to the National Congress.” Gives new wording to article 222 of the Federal Constitution, to allow the Article 2. This ConstitutionalA mendment shall come participation of legal entities in the into force on the date of its publication. capital stock of newspaper compa- nies, sound broadcasting companies, Brasília, May 28, 2002. and sound and image broadcasting companies, under the conditions THE DIRECTING BOARD OF THE CHAMBER herein stipulated. OF DEPUTIES: Aécio Neves, President – Barbosa Neto, Second Vice President – Severino Cavalcanti, First Secretary TheD irecting Boards of the Chamber of Deputies and – Nilton Capixaba, Second Secretary – Paulo Rocha, of the Federal Senate, under the terms of paragraph 3 of Third Secretary. article 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text: THE DIRECTING BOARD OF THE FEDERAL SENATE: Ramez Tebet, President – Edison Lobão, First Vice Article 1. Article 222 of the Federal Constitution shall President – Antonio Carlos Valadares, Second Vice henceforth read as follows: President – Carlos Wilson, First Secretary – Antero Paes de Barros, Second Secretary – Mozarildo Ca- “Article 222. Newspaper companies, sound valcanti, Fourth Secretary. broadcasting companies, or sound and image broadcasting companies, shall be owned exclu- Published in the Official Journal, May 29, 2002. sively by native Brazilians or those naturalized for more than ten years, or by legal entities incor- porated under Brazilian laws and headquartered in Brazil. Paragraph 1. In all circumstances, at least seventy per cent of the total capital stock and of the voting capital of newspaper companies, sound broadcast- ing companies, or sound and image broadcasting companies, shall be owned directly or indirectly by native Brazilians or those naturalized for more than ten years, who shall mandatorily exercise the management of activities and shall define the content of programming. Paragraph 2. Editorial responsibility and the activities regarding selection and management of the programming to be disseminated shall be carried out exclusively by native Brazilians or those naturalized for more than ten years, in any social communication medium. Paragraph 3. Electronic social communication media, regardless of the technology used to de- liver the service, shall comply with the principles stipulated in article 221, as provided by specific legislation, which shall also ensure priority to Brazilian professionals in the production of Bra- zilian programs.

161 Constitution of the Federative Republic of Brazil

– CONSTITUTIONAL credits and rights of a financial nature, set forth in articles 74, 75, and 80, I, of this Temporary AMENDMENT No. 37, 2002 – Constitutional Provisions Act, shall be collected through December 31, 2004. Paragraph 1. The effect of Law no. 9,311, of October 24, 1996, as well as of its alterations, is hereby extended through the date mentioned in Alters articles 100 and 156 of the the head paragraph of this article. Federal Constitution and adds arti- Paragraph 2. Of the proceeds from collection of cles 84, 85, 86, 87, and 88 to the the social contribution mentioned in this article, Temporary Constitutional Provi- the portion corresponding to the following rates sions Act. shall be allocated to the purposes herein stated: I – twenty hundredths percent to the National Health Fund, for the financing of health actions and services; TheD irecting Boards of the Chamber of Deputies and II – ten hundredths percent to the financing of of the Federal Senate, under the terms of paragraph 3 of social security; article 60 of the Federal Constitution, promulgate the III – eight hundredths percent to the Fund to following Amendment to the constitutional text: Fight and Eradicate Poverty, set forth in arti- cles 80 and 81 of this Temporary Constitutional Provisions Act. Article 1. Article 100 of the Federal Constitution Paragraph 3. The rate of the contribution men- shall henceforth be in force with the addition of the tioned in this article shall be equal to: following paragraph 4, and the subsequent paragraphs I – thirty-eight hundredths percent in the financial shall be renumbered: years of 2002 and 2003; “Article 100...... II – eight hundredths percent in the financial Paragraph 4. The issuance of a court order as a year of 2004, and it shall be wholly allocated supplementation to or in addition to an amount to the Fund to Fight and Eradicate Poverty, set to be paid, as well as the parceling, apportion- forth in articles 80 and 81 of this Temporary ment, or reduction of the amount under execu- Constitutional Provisions Act. tion are forbidden, so that payment will not be Article 85. The contribution mentioned in article made, in part, as stipulated in paragraph 3 of this 84 of this Temporary Constitutional Provisions article, and, in part, by means of the issuance of Act shall not be levied, as from the thirtieth a court order. day after the publication of 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 set- tlement services referred to in article 2, sole para- “Article 156...... graph, of Law no. 10,214, of March 27, 2001; Paragraph 3. As regards the tax established in b) securitization companies referred to in Law item III of the head paragraph of this article, a no. 9,514, of November 20, 1997; supplementary law shall: c) business corporations whose exclusive purpose I – establish its maximum and minimum rates; is to purchase credits originating from transactions ...... carried out in the financial market; III – regulate the manner and conditions for the II – current deposit accounts, when such entries granting and revocation of fiscal exemptions, are related to: incentives, and benefits. a) stock purchase and sale transactions, effected ...... ” within stock exchange trading floors or electronic Article 3. TheT emporary Constitutional Provisions systems, and in the organized over-the-counter Act shall henceforth be in force with the addition of market; the following articles 84, 85, 86, 87, and 88: b) contracts written on stocks or stock indices, in their various modes, negotiated in stock ex- “Article 84. The provisional contribution on changes, commodities and futures exchanges; the movement or transmission of monies and of

162 Constitutional Amendments

III – foreign investors’ accounts, regarding entries defining acts by the units of theF ederation is ef- into and remittances from Brazil of funds em- fected, the debts or bonds stated in court orders ployed exclusively in transactions and contracts shall be considered as being of a small amount, referred to in item II of this article. with due regard for paragraph 4 of article 100 Paragraph 1. TheE xecutive Branch shall regulate of the Federal Constitution, if their amount is the provisions of this article within thirty days as equal to or lesser than: of the date of publication of this Constitutional I – forty minimum monthly wages, in the case of Amendment. debts owed by the Tax Authorities of the States Paragraph 2. The provisions of item I of this and of the Federal District; article apply only to the transactions specified II – thirty minimum monthly wages, in the case in an act issued by the Executive Branch, from of debts owed by the Tax Authorities of the Mu- among the transactions that constitute the pur- nicipalities. pose of said entities. Sole paragraph. Should the amount under execu- Paragraph 3. The provisions of item II of this tion exceed the amount stipulated in this article, article apply only to transactions and contracts payment shall always be made by means of a court effected through financial institutions, securities order, the execution creditor being entitled to brokerage houses, securities distribution compa- waiving the credit of the excess amount, so that nies, and commodities brokerage houses. he may opt to receive the balance without the Article 86. Debts that must be paid by the Federal, emission of a court order, in the manner set forth State, Federal District, or Municipal Tax Authori- in paragraph 3 of article 100. ties by virtue of final and unappealable judicial Article 88. Until such time as a supplementary decisions shall be paid in accordance with the pro- law regulates the provisions of items I and III of visions of article 100 of the Federal Constitution, paragraph 3 of article 156 of the Federal Constitu- the parceling rule established in the head paragraph tion, the tax referred to in item III of the head of article 78 of this Temporary Constitutional paragraph of said article shall: Provisions Act not being applicable, if such debts I – have a minimum rate of two percent, save for meet the following cumulative conditions: the services referred to in items 32, 33, and 34 I – having been the subject of a court order; of the List of Services appended to Decree-Law II – having been defined as small amount debts by no. 406, of December 31, 1968; the law referred to in paragraph 3 of article 100 of II – not be subject to the granting of fiscal exemp- the Federal Constitution, or by article 87 of this tions, incentives, and benefits, should the direct or Temporary Constitutional Provisions Act; indirect result of such granting be the reduction III – their payment being outstanding, in whole of the minimum rate stipulated in item I.” or in part, on the date of publication of this Constitutional Amendment. Article 4. This ConstitutionalA mendment shall come Paragraph 1. The debts referred to in the head into force on the date of its publication. paragraph of this article, or their respective bal- ances, shall be paid in chronological order of Brasília, June 12, 2002 presentation of the respective court orders, with precedence over debts of a higher amount. THE DIRECTING BOARD OF THE CHAMBER Paragraph 2. If the debts referred to in the head OF DEPUTIES: paragraph of this article have not been subject to Aécio Neves, President – Barbosa Neto, Second partial payment yet, under the terms of article 78 Vice President – Nilton Capixaba, Second Secretary of this Temporary Constitutional Provisions Act, – Paulo Rocha, Third Secretary – Ciro Nogueira, they may be paid in two annual installments, as Fourth Secretary. the law provides. Paragraph 3.The payment of the alimony debts THE DIRECTING BOARD OF THE FEDERAL referred to in this article, with due respect for the SENATE: chronological order of their presentation, shall take Ramez Tebet, President – Edison Lobão, First Vice precedence over the payment of all other debts. President – Carlos Wilson, First Secretary – Antero Article 87. For purposes of the provisions set Paes de Barros, Second Secretary – Ronaldo Cunha forth in paragraph 3 of article 100 of the Federal Lima, Third Secretary – Mozarildo Cavalcanti, Fourth Constitution, and in article 78 of this Temporary Secretary. Constitutional Provisions Act, and until such time as the official publication of the respective Published in the Official Journal, June 13, 2002.

163 Constitution of the Federative Republic of Brazil

– CONSTITUTIONAL Brasília, June 12, 2002

AMENDMENT No. 38, 2002 – THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Aécio Neves, President – Barbosa Neto, Second Vice President – Nilton Capixaba, Second Secretary – Paulo Rocha, Third Secretary – Ciro Nogueira, Adds article 89 to the Temporary Fourth Secretary. Constitutional Provisions Act, to include the Uniformed Police Force THE DIRECTING BOARD OF THE FEDERAL of the former Federal Territory of SENATE: Rondônia in the Personnel Cadre of Ramez Tebet, President – Edison Lobão, First Vice the Union. President – Carlos Wilson, First Secretary – Antero Paes de Barros, Second Secretary – Ronaldo Cunha Lima, Third Secretary – Mozarildo Cavalcanti, Fourth Secretary. TheD irecting Boards of the Chamber of Deputies and of the Federal Senate, under the terms of paragraph 3 of Published in the Official Journal, June 13, 2002. article 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Article 1. TheT emporary Constitutional Provisions Act shall henceforth include the following article 89:

“Article 89. The members of the uniformed police force of the former Federal Territory of Rondônia, who, in accordance with official documents, were regularly exercising their functions and rendering services to such former Territory at the time it was transformed into a State, as well as the uniformed police officers who were appointed by virtue of a federal law and are paid by the Union, shall be included in a special job class to be eventu- ally terminated within the federal government services, being ensured of their specific rights and advantages, whereas the payment, under any circumstances, of remuneration differences, as well as reimbursement or compensation of any nature, prior to the promulgation of this Amendment, shall be forbidden. Sole paragraph. The members of the uniformed police force shall go on rendering services to the State of Rondônia in the quality of detailed personnel, subject to the legal and regulatory provisions which govern the corps of their respec- tive uniformed police force, with due regard for compatibility between the duties of their function and their rank in the hierarchy.”

Article 2. This ConstitutionalA mendment shall come into force on the date of its publication.

164 Constitutional Amendments

– CONSTITUTIONAL – CONSTITUTIONAL AMENDMENT No. 39, 2002 – AMENDMENT No. 40, 2003 –

Adds article 149-A to the Federal Alters item V of article 163 and arti- Constitution (creates a contribution cle 192 of the Federal Constitution, to finance public lighting services in and the head paragraph of article 52 the Municipalities and in the Fed- of the Temporary Constitutional eral District). Provisions Act.

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

Article 1. TheF ederal Constitution shall henceforth Article 1. Item V of article 163 of the Federal Con- include the following article 149-A: stitution shall henceforth read as follows:

“Article 149-A. The Municipalities and theF ed- “Article 163...... eral District may establish a contribution, under V – financial supervision of governmental entities the terms of their respective laws, to finance the and entities owned by the Federal Government; public lighting service, with due regard for the ...... ” provisions of article 150, I and III. Article 2. Article 192 of the Federal Constitution shall Sole paragraph. The contribution mentioned in henceforth read as follows: the head paragraph of this article may be charged to the consumer’s electricity bill.” “Article 192. The national financial system, struc- Article 2. This ConstitutionalA mendment shall come tured to promote the balanced development of into force on the date of its publication. the country and to serve the collective interests, in all of the component elements of the system, Brasília, December 19, 2002 including credit cooperatives, shall be regulated by supplementary laws which shall also provide THE DIRECTING BOARD OF THE CHAMBER for the participation of foreign capital in the OF DEPUTIES: institutions that make up the said system. Efraim Morais, President – Barbosa Neto, Second I – (Revoked). Vice President – Severino Cavalcanti, First Secretary II – (Revoked). – Nilton Capixaba, Second Secretary – Paulo Rocha, III – (Revoked). Third Secretary – Ciro Nogueira, Fourth Secretary. a) (Revoked). b) (Revoked). THE DIRECTING BOARD OF THE FEDERAL IV – (Revoked). SENATE: V – (Revoked). Ramez Tebet, President – Edison Lobão, First Vice VI – (Revoked). President – Antonio Carlos Valadares, Second Vice VII – (Revoked). President – Carlos Wilson, First Secretary – Mozarildo VIII – (Revoked). Paragraph 1 Cavalcanti, Fourth Secretary. . (Revoked). Paragraph 2. (Revoked). Paragraph 3. Published in the Official Journal, December 20, (Revoked).” 2002.

165 Constitution of the Federative Republic of Brazil

Article 3. The head paragraph of article 52 of the – CONSTITUTIONAL Temporary Constitutional Provisions Act shall hence- forth read as follows: AMENDMENT No. 41, 2003 – “Article 52. Until such time as the conditions referred to in article 192 are established, the following are forbidden: ...... ” Alters articles 37, 40, 42, 48, 96, Article 4. This ConstitutionalA mendment shall come 149, and 201 of the Federal Con- into force on the date of its publication. stitution, revokes item IX of para- graph 3 of article 142 of the Fed- Brasília, May 29, 2003. eral Constitution and provisions of Constitutional Amendment no. 20, THE DIRECTING BOARD OF THE CHAMBER of December 15, 1998, and makes OF DEPUTIES: further provisions. João Paulo Cunha, President – Inocêncio de Olivei- ra, First Vice President – Luiz Piauhylino, Second Vice President – Geddel Vieira Lima, First Secretary – Severino Cavalcanti, Second Secretary – Nilton TheD irecting Boards of the Chamber of Deputies and Capixaba, Third Secretary – Ciro Nogueira, Fourth of the Federal Senate, under the terms of paragraph 3 of Secretary. article 60, of the Federal Constitution, promulgate the following Amendment to the constitutional text: THE DIRECTING BOARD OF THE FEDERAL SENATE: Article 1. TheF ederal Constitution shall henceforth José Sarney, President – Paulo Paim, First Vice Presi- read as follows: dent Second Vice Presi- – Eduardo Siqueira Campos, “Article 37...... dent First Secretary – Romeu Tuma, – Alberto Silva, XI – the remuneration and the compensation of Second Secretary Third Secretary – Heráclito Fortes, the holders of public offices, functions, and posi- Fourth Secretary – Sérgio Zambiasi, . tions in governmental entities, associate govern- ment agencies, and foundations; of the members Published in the Official Journal, May 30, 2003. of any of the Powers of the Union, of the States, the Federal District, and the Municipalities; of the holders of elective offices, and of any other political agent, as well as the pay, pension, or other type of remuneration, earned on a cumulative basis or not, including advantages of a personal nature or of any other nature, may not be higher than the monthly compensation, in legal tender, of the Justices of the Supreme Federal Court, and the following limits shall be applied: in Munici- palities, the compensation of the Mayor; in the States and in the Federal District, the monthly compensation of the Governor in the sphere of the Executive Branch, the compensation of State and Federal District Deputies in the sphere of the Legislative Branch, and the compensation of the Judges of the State Court of Justice, limited to ninety and twenty-five hundredths percent of the monthly compensation, in legal tender, of the Justices of the Supreme Federal Court in the sphere of the Judicial Branch, this limit being applicable to the members of the Office of the Public Interest Attorney, to Prosecutors, and to Public Legal Defenders; ...... ”

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“Article 40. Employees holding effective posts in and its paragraphs, insofar as pertinent, through the Union, the States, the Federal District, and closed private pension plan companies, of a public the Municipalities, therein included their associate nature, which will offer to their respective par- government agencies and foundations, are ensured ticipants benefit plans exclusively in the defined of a social security scheme on a contributory and contribution mode. solidary basis, with contributions from the respec- ...... tive public entity, from the current employees, Paragraph 17. All remuneration amounts taken retired personnel, and pensioners, with due regard into account in the calculation of the benefit set for criteria that preserve financial and actuarial forth in paragraph 3 shall be duly updated, under balance and for the provisions of this article. the terms of the law. Paragraph 1. The employees covered by the social Paragraph 18. A contribution shall be levied on security scheme set forth in this article shall go retirement pensions and other pensions granted by into retirement, their pensions being calculated the scheme referred to in this article if such pen- according to the amounts stipulated under the sions exceed the maximum limit established for terms of paragraphs 3 and 17: the benefits of the general social security scheme I – for permanent disability, with a pension in pro- mentioned in article 201, at a percentage equal portion to the period of contribution, except when to the one established for employees holding such disability results from a work-related injury, effective posts. a professional disease, or a serious, contagious, or Paragraph 19. Employees referred to in this incurable illness, under the terms of the law; article who have fulfilled the requirements for ...... voluntary retirement stipulated in paragraph Paragraph 3. The calculation of the retirement 1, III, a, and who choose to remain working pension, at the time retirement is granted, shall shall be entitled to a continuous activity bonus take into account the remunerations used as basis equivalent to the amount of their social security for the contributions of the employee to the social contribution until such date as they fulfill the security schemes mentioned in this article and in requirements for compulsory retirement set forth article 201, under the terms of the law. in paragraph 1, II...... Paragraph 20. The establishment of more than Paragraph 7. The law shall provide for the grant- one special social security scheme for employees ing of the benefit of a death pension, which will holding effective posts, and of more than one unit be equal to: to manage the respective scheme in each state is I – the total amount of the retirement pension forbidden, except for the provision of article 142, of the deceased employee, up to the maximum paragraph 3, X.” limit established for the benefits of the general Article 42. social security scheme referred to in article 201, “ ...... Paragraph 2. increased by seventy percent of the amount in The provisions that may be es- excess of this limit, if the employee had already tablished by a specific act of the respective state retired on the date of his death; or shall apply to the pensioners of the military of II – the total amount of the remuneration of the States, of the Federal District, and of the the employee in the effective post he was hold- Territories.” ing on the date of his death, up to the maximum “Article 48...... limit established for the benefits of the general XV – stipulation of the compensation for the social security scheme referred to in article 201, Justices of the Supreme Federal Court, with due increased by seventy percent of the amount in regard for articles 39, paragraph 4; 150, II; 153, excess of this limit, if the employee was in active III; and 153, paragraph 2, I.” service on the date of his death. Paragraph 8. Readjustment of the benefits is “Article 96...... ensured, to the end that their real value is per- II – ...... manently maintained, in accordance with criteria b) creation and abolishment of offices and the established by law. remuneration of the auxiliary services and of the ...... courts connected with them, as well as the estab- Paragraph 15. The complementary social security lishment of the compensation for their members scheme referred to in paragraph 14 shall be insti- and for the judges, including those of the lower tuted by an act of the respective Executive Power, courts, if existing; with due regard for the provisions of article 202 ...... ”

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“Article 149...... Paragraph 2. The provisions of this article are ap- Paragraph 1. The states, theF ederal District, and plicable to judges and to members of the Office of the the municipalities shall institute a contribution Public Interest Attorney and of audit courts. payable by their employees to fund the social Paragraph 3. When the provisions of paragraph 2 of security scheme referred to in article 40, for the this article are applied, the period of service performed benefit of such employees, and the respective rate until the publication of Constitutional Amendment may not be lower than the rate of the contribu- no. 20, December 15, 1998, shall be increased by the tion paid by employees holding effective posts addition of seventeen percent for a judge or a member in the Union. of the Office of the Public Interest Attorney and of ...... ” audit courts, if a man. Paragraph 4. The period of service performed until Article 201. “ ...... the publication of Constitutional Amendment no. 20, Paragraph 12. The law shall provide for a special December 15, 1998, shall be increased by the addition system to include low-income workers in the social of seventeen percent, for a male teacher, and twenty security system, so that they have guaranteed ac- percent, for a female teacher, who is an employee of cess to benefits at an amount equal to a monthly the Union, the States, the Federal District, and the minimum salary, except for retirement benefits Municipalities, including their associate government due to contribution period.” agencies and foundations, and who, until the date of Article 2. With due regard for the provision of article publication of said Amendment, has properly taken 4 of Constitutional Amendment no. 20, December an effective teaching post and opts to retire under 15, 1998, the right to opt for voluntary retirement the terms of the head paragraph, provided that such with pay calculated according to article 40, paragraphs retirement is based exclusively on the period of effec- 3 and 17, of the Federal Constitution, is ensured to tive exercise of a teaching function, with due regard employees who have properly taken effective posts in for paragraph 1. government services, associate government agencies, Paragraph 5. The employee referred to in this article, and foundations, before the date of publication of who has met the requirements for voluntary retire- said Amendment, when such employees meet the ment as set forth in the head paragraph and chooses following cumulative conditions: to remain in active service, shall be entitled to a I – fifty-three years of age, if a man, and forty-eight, continuous activity bonus equivalent to the amount if a woman; of his social security contribution until such date as he II – five years of effective exercise in the post from meets the requirements for compulsory retirement as which retirement takes place; set forth in article 40, paragraph 1, II, of the Federal III – a period of contribution equal to at least the Constitution. sum of: Paragraph 6. The provisions of article 40, para- a) thirty-five years, if a man, and thirty years, if a graph 8, of the Federal Constitution, shall apply woman; and to retirement pensions granted under the terms of b) an additional period of contribution equivalent this article. to twenty percent of the period which, at the date Article 3. The granting of retirement pensions to of publication of said Amendment, would still public employees, as well as pensions to their de- be necessary to reach the limit set forth in letter pendents, is ensured, at any time, if, by the date of a of this item. publication of this Amendment, they have complied Paragraph 1. The employees mentioned in this article with the requirements to be entitled to such benefits, who meet the requirements for retirement under the in accordance with the criteria of the legislation in terms of the head paragraph shall have their retire- effect at that time. ment pay reduced for each year their retirement is Paragraph 1. The employee referred to in this article, brought forward as regards the age limits established who chooses to remain in active service after having by article 40, paragraph 1, III, a, and paragraph 5, of met the requirements for voluntary retirement, and the Federal Constitution, according to the following who has, at least, twenty-five years of contribution, if a proportion: woman, or thirty years of contribution, if a man, shall I – three and five tenths per cent, for employees who be entitled to a continuous activity bonus equivalent meet the requirements for retirement under the terms to the amount of her or his social security contribution of the head paragraph by December 31, 2005; until such date as she or he meets the requirements II – five per cent, for employees who meet the re- for compulsory retirement as set forth in article 40, quirements for retirement under the terms of the paragraph 1, II, of the Federal Constitution. head paragraph as from January 1, 2006.

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Paragraph 2. The retirement pay to be granted to the terms of the law, when, with due regard for the the public employees referred to in the head para- reductions on account of age and contribution period graph, either in full or in proportion to the period contained in paragraph 5 of article 40 of the Federal of contribution completed by the date of publica- Constitution, such employee meets the following tion of this Amendment, as well as the pensions for cumulative conditions: their dependents, shall be calculated in accordance I – sixty years of age, if a man, and fifty-five years with the legislation in effect at the time the require- of age, if a woman; ments therein contained for the granting of such II – thirty-five years of contribution, if a man, and benefits were met, or with the terms of the current thirty years of contribution, if a woman; legislation. III – twenty years of effective exercise in public Article 4. Retired employees and pensioners of the administration; and Union, the States, the Federal District, and the Munici- IV – ten years in the career and five years in the palities, including their associate government agencies effective post from which retirement is going to and foundations, who are regularly receiving benefits take place. on the date of publication of this Amendment, as well Sole paragraph. Retirement pensions granted as per as public employees covered by the provisions of its this article shall be revised in the same proportion article 3, shall contribute to the funding of the scheme and on the same date, whenever the remuneration referred to in article 40 of the Federal Constitution at of employees in active service is changed, under the the same percentage stipulated for employees holding terms of the law, with due regard for article 37, XI, effective posts. of the Federal Constitution. Sole paragraph. The social security contribution Article 7. With due regard for the provision of article referred to in the head paragraph shall be levied only 37, XI, of the Federal Constitution, retirement pen- on the portion of the retirement pensions and other sions of government employees who hold effective pensions which exceeds: posts and the pensions for their dependents, paid by I – fifty per cent of the maximum limit stipulated the Union, the States, the Federal District, and the for the benefits of the general social security scheme Municipalities, including their associate government referred to in article 201 of the Federal Constitution, agencies and foundations, and being received on the for retired employees and pensioners of the States, date of publication of this Amendment, as well as the Federal District, and the Municipalities; the retirement pensions of employees and the pen- II – sixty per cent of the maximum limit for the ben- sions for their dependents covered by article 3 of this efits of the general social security scheme referred to Amendment, shall be revised in the same proportion in article 201 of the Federal Constitution, for retired and on the same date, whenever the remuneration of employees and pensioners of the Union. employees in active service is altered, and any benefits or advantages subsequently granted to employees in Article 5. The maximum limit for the amount of active service shall also be extended to retirees and to benefits of the general social security scheme referred pensioners, including those benefits and advantages to in article 201 of the Federal Constitution is defined arising from the transformation or reclassification of as R$ 2,400.00 (two thousand and four hundred reais), the post or function from which retirement was taken, and it shall be adjusted, as from the date of publication or which was taken as a parameter for the granting of of this Amendment, to the end that its real value is a pension, as the law provides. permanently maintained and updated according to the same indices applicable to the benefits of the general Article 8. Until such time as the amount of the social security scheme. compensation referred to in article 37, item XI, of the Federal Constitution is stipulated, the amount Article 6. Without prejudice to the right to opt for of the highest remuneration assigned by law to a retirement in accordance with the rules established by Justice of the Supreme Federal Court on the date of article 40 of the Federal Constitution or the rules es- publication of this Amendment, on account of pay, tablished by article 2 of this Amendment, an employee monthly representation allowance, and sum received of the Union, the States, the Federal District, and the by virtue of period of service, shall be taken into Municipalities, including their associate government consideration for the purposes of the limit stipulated agencies and foundations, who has entered public in the said item XI, and the following limits shall administration before the date of publication of this be applied: in Municipalities, the compensation of Amendment may go into retirement with full pay, the Mayor; in the States and in the Federal District, equivalent to the total remuneration of such employee the monthly compensation of the Governor in the in the effective post from which he retires, under

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sphere of the Executive Branch, the compensation of – CONSTITUTIONAL State and Federal District Deputies in the sphere of the Legislative Branch, and the compensation of the AMENDMENT No. 42, 2003 – Judges of the State Court of Justice, limited to ninety and twenty-five hundredths percent of the highest monthly remuneration of a Justice of the Supreme Federal Court referred to in this article in the sphere of the Judicial Branch, this limit being applicable to the Alters the National Tax System and members of the Office of theP ublic Interest Attorney, makes further provisions. to Prosecutors, and to Public Legal Defenders. Article 9. The provisions of article 17 of theT empo- rary Constitutional Provisions Act shall apply to the TheD irecting Boards of the Chamber of Deputies and pay, the remunerations, and the compensation of the of the Federal Senate, under the terms of paragraph 3 of holders of public offices, functions and positions in article 60, of the Federal Constitution, promulgate the governmental entities, associate government agencies, following Amendment to the constitutional text: and foundations; of the members of any of the Powers of the Union, of the States, the Federal District, and Article 1. the Municipalities; of the holders of elective offices, and The following articles of the Constitution of any other political agent, as well as the retirement shall henceforth read as follows: pay, pensions, or other type of remuneration, earned “Article 37...... on a cumulative basis or not, including advantages of XXII – the tax administrations of the Union, of a personal nature or of any other nature. the States, the Federal District, and the Munici- Article 10. Item IX of paragraph 3 of article 142 of palities, whose activities are essential for the opera- the Federal Constitution, as well as articles 8 and 10 tion of the State and are exercised by employees of of Constitutional Amendment no. 20, December 15, specific careers, shall have priority funds for the 1998, are hereby revoked. implementation of their activities and shall work in an integrated manner, including the sharing of Article 11. This Amendment shall come into force tax rolls and fiscal information, under the terms on the date of its publication. of the law or of a covenant...... ” Brasília, December 19, 2003. “Article 52...... XV – to carry out a regular assessment of the THE DIRECTING BOARD OF THE CHAMBER functionality of the National Tax System, as re- OF DEPUTIES: gards its structure and components, as well as the performance of the tax administrations of Deputy João Paulo Cunha, President – Deputy the Union, of the States, the Federal District, Inocêncio Oliveira, First Vice President – Deputy and the Municipalities. Luiz Pianhylino, Second Vice President – Deputy ...... ” Geddel Vieira Lima, First Secretary – Deputy Seve- rino Cavalcanti, Second Secretary – Deputy Nilton “Article 146...... Capixaba, Third Secretary – Deputy Ciro Nogueira, III – ...... Fourth Secretary. d) the definition of a differentiated and favorable tax treatment to be given to micro and small THE DIRECTING BOARD OF THE FEDERAL businesses, including special or simplified tax SENATE: regimes in the case of the tax set forth in article Senator José Sarney, President – Senator Paulo Paim, 155, II, the contributions set forth in article 195, First Vice President – Senator Eduardo Siqueira I, and paragraphs 12 and 13, and the contribution Campos, Second Vice President – Senator Romeu referred to in article 239. Tuma, First Secretary – Senator Alberto Silva, Second Sole paragraph. The supplementary law referred Secretary – Senator Heráclito Fortes, Third Secretary to in item III, d, may also establish a single regime – Senator Sérgio Zambiasi, Fourth Secretary. for the collection of taxes and contributions owed to the Union, the States, the Federal District, Published in the Official Journal, December 31, and the Municipalities, with due regard for the 2003. following:

170 Constitutional Amendments

I – it shall be optional for the taxpayer; the law, provided that they do not reduce this tax II – different eligibility requirements may be or introduce any other type of fiscal waiver. established for each State; ...... ” III – payment of said tributes shall be unified Article 155. and centralized, and the distribution of the share “ ...... Paragraph 2. of funds belonging to the respective units of the ...... Federation shall be immediate, any withholding or X – ...... establishment of conditions being forbidden; a) on transactions involving goods to be shipped IV – collection, control, and claiming of payment abroad, nor on services to be delivered to parties may be shared by the units of the Federation, a sin- abroad, and tax charges and credits in preceding gle national roster of taxpayers being adopted.” transactions involving such goods or services shall continue in effect; “Article 146-A. A supplementary law may estab- ...... lish special criteria for taxation, with a view to d) on communications services in the modes preventing imbalances in competition, without of sound broadcasting and sound and image prejudice to the power of the Federal Government broadcasting which are available for reception to establish, by law, rules for the same purpose.” by the public free of charge; ...... Article 149. “ ...... Paragraph 6. The tax established in item III: Paragraph 2...... I – shall have its minimum rates stipulated by II – shall be also levied on the importation of the Federal Senate; foreign products or services; II – may have different rates according to type ...... ” and utilization.” Article 150. “ ...... “Article 158...... III – ...... II – fifty per cent of the proceeds from the collec- c) within the period of ninety days as from the tion of the federal tax on rural property, concern- date of publication of the law which instituted ing real property located in the municipalities, or raised such tributes, with due regard for the or one hundred per cent of such proceeds in b provision of letter ; the case of the option referred to in article 153, ...... paragraph 4, III; Paragraph 1. The prohibition set forth in itemIII , ...... ” b, shall not apply to the taxes provided upon in articles 148, I, 153, I, II, IV, and V; and 154, II; “Article 159...... and the prohibition set forth in item III, c, shall III – of the proceeds from the collection of the not apply to the taxes provided upon in articles contribution for intervention in the economic 148, I, 153, I, II, III, and V; and 154, II, nor to domain set forth in article 177, paragraph 4, the stipulation of the assessment basis of the taxes twenty-five per cent to the States and to the provided upon in articles 155, III, and 156, I. Federal District, distributed in accordance with ...... ” the law, with due regard for the allocation referred to in item II, c, of said paragraph. Article 153. “ ...... Paragraph 3...... Paragraph 4. Twenty-five per cent of the amount IV – shall have its impact reduced, as set forth by of monies referred to in item III and allocated law, in the case of purchase of capital goods by a to each State shall be assigned to its Munici- taxpayer who is liable to pay such tax. palities, in accordance with the law referred to Paragraph 4. The tax established in item VI of in said item.” the head paragraph: I – shall be progressive and its rates shall be de- “Article 167...... termined in such a manner as to discourage the IV – to bind tax revenues to an agency, fund or retention of unproductive real property; expense, excepting the sharing of the proceeds II – shall not be levied on small tracts of land, as from the collection of the taxes referred to in defined in law, when a proprietor who owns no articles 158 and 159, the allocation of funds other real property exploits them; for public health actions and services, for the III – shall be controlled and collected by the Mu- maintenance and development of education, nicipalities which opt to do so, under the terms of and for the implementation of tax administration

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activities, as determined, respectively, in article Article 2. The following articles of the Temporary 198, paragraph 2, article 212, and article 37, item Constitutional Provisions Act shall henceforth read XXII, and the granting of guarantees on credit as follows: transactions by advance of revenues, as established in article 165, paragraph 8, as well as in paragraph “Article 76. Twenty percent of the proceeds from 4 of the present article; the collection by the Union of taxes, social con- ...... ” tributions, and contributions for intervention in the economic domain, already instituted or to “Article 170...... be instituted in the period of 2003 to 2007, as VI – environment protection, which may in- well as their additional taxes and respective legal clude differentiated treatment in accordance with increases, shall not be earmarked to any agency, the environmental impact of goods and services fund, or expense in the said period. and of their respective production and delivery Paragraph 1. The provision of the head paragraph processes; of this article shall not reduce the assessment basis ...... ” of the transfers to the States, the Federal District, and the Municipalities under the terms of articles “Article 195...... 153, paragraph 5; 157, item I; 158, items I and IV – of importers of goods or services from other II; and 159, item I, letters a and b; and item II, countries, or of other parties defined by law as of the Constitution, neither the assessment basis being comparable to such importers. of the remittances mentioned in article 159, I, c, ...... of the Constitution. Paragraph 12. The law shall define the sectors ...... ” of economic activity for which the contributions stipulated under the terms of items I, b; and IV of “Article 82...... the head paragraph, shall be non-cumulative. Paragraph 1. With a view to financing theS tate Paragraph 13. The provision of paragraph 12 Funds and the Federal District Fund, an addi- shall also apply in the case of gradual replace- tional tax of up to two percent may be created, ment, either total ou partial, of the contribution to raise the rate of the State VAT [ICMS], due stipulated under the terms of item I, a, by the on luxury goods and services and observing the contribution due on income or revenues.” conditions defined in the supplementary law referred to in article 155, paragraph 2, XII, of the “Article 204...... Constitution, and the provision of article 158, Sole paragraph. TheS tates and the Federal Dis- IV, of the Constitution shall not be applicable trict may assign up to five tenths per cent of to such percentage. their net tax revenues to programs to support ...... ” social inclusion and promotion, the utilization of such funds for the payment of the following “Article 83. A federal law shall define the luxury items being forbidden: goods and services referred to in articles 80, item I – personnel expenses and social charges; II, and 82, paragraph 2.” II – debt servicing; III – any other current expense not directly related Article 3. TheT emporary Constitutional Provisions to the investments or actions supported by said Act shall henceforth include the following articles: programs.” “Article 90. The time limit set forth in the head “Article 216...... paragraph of article 84 of this Temporary Consti- Paragraph 6. TheS tates and the Federal District tutional Provisions Act is hereby extended through may assign up to five tenths per cent of their net December 31, 2007. tax revenues to a state fund for the promotion Paragraph 1. The effect of Law no. 9,311, of of culture, for the purpose of funding cultural October 24, 1996, as well as of its alterations, is programs and projects, the utilization of such hereby extended through the date mentioned in funds for the payment of the following items the head paragraph of this article. being forbidden: Paragraph 2. The rate of the contribution referred I – personnel expenses and social charges; to in article 84 of this Temporary Constitutional II – debt servicing; Provisions Act shall be equal to thirty-eight hun- III – any other current expense not directly related dredths per cent through the date referred to in to the investments or actions supported by said the head paragraph of this article.” programs.”

172 Constitutional Amendments

“Article 91. TheU nion shall remit to the States Municipalities shall be discontinued as from the and to the Federal District the amount defined date the regime set forth in article 146, III, d, of by a supplementary law, in accordance with the the Constitution comes into force.” criteria, time limits, and terms therein determined, taking into consideration exports of primary Article 4. Any additional amounts introduced by commodities and semi-manufactured products to the States and the Federal District up to the date other countries, the import-export ratio, credits of promulgation of this Amendment which do not deriving from purchases intended for the perma- comply with the provisions of this Constitutional nent assets, and the effective maintenance and Amendment, of Constitutional Amendment no. 31, utilization of the tax credits referred to in article of December 14, 2000, or of the supplementary law 155, paragraph 2, X, a. referred to in article 155, paragraph 2, XII, of the Paragraph 1. As to the amount of funds to be Constitution, shall be in force, at the most, through remitted to each State, seventy-five percent of the time limit set forth in article 79 of the Temporary such amount shall be assigned to the State itself, Constitutional Provisions Act. and twenty-five percent to its Municipalities, Article 5. such percentage being distributed in accordance Within sixty days as from the date of prom- with the criteria referred to in article 158, sole ulgation of this Amendment, the Executive Branch paragraph, of the Constitution. shall forward to the National Congress a bill of law, Paragraph 2. The remittance of funds set forth under expedited procedures, to regulate tax benefits in this article shall prevail, as defined in a sup- for capacity-building in the information technology plementary law, until such time as the proceeds industry, and such benefits shall be in force through from the collection of the tax referred to in article 2019 under the conditions in effect upon approval 155, II, are predominantly assigned, in a propor- of this Amendment. tion not below eighty per cent, to the State where Article 6. Item II of paragraph 3 of article 84 of the consumption of the products, goods, or services Temporary Constitutional Provisions Act is hereby takes place. revoked. Paragraph 3. Until such time as the supple- mentary law referred to in the head paragraph Brasília, December 19, 2003. is enacted, and so as to replace the system of remittance of funds set forth therein, there shall THE DIRECTING BOARD OF THE CHAMBER remain in force the system of remittance of funds OF DEPUTIES: set forth in article 31 and Schedule of Supple- Deputy João Paulo Cunha, President – Deputy mentary Law no. 87, of September 13, 1996, Inocêncio Oliveira, First Vice President – Deputy with the wording provided by Supplementary Luiz Piauhylino, Second Vice President – Deputy Law no. 115, of December 26, 2002. Geddel Vieira Lima, First Secretary – Deputy Seve- Paragraph 4. TheS tates and the Federal District rino Cavalcanti, Second Secretary – Deputy Nilton shall present to the Federal Government, under Capixaba, Third Secretary – Deputy Ciro Nogueira, the terms of instructions issued by the Finance Fourth Secretary. Ministry, information regarding the tax referred to in article 155, II, supplied by the taxpayers THE DIRECTING BOARD OF THE FEDERAL who carry out transactions involving goods to SENATE: be shipped abroad or services to be delivered to Senator José Sarney, President – Senator Paulo Paim, foreign parties.” First Vice President – Senator Eduardo Siqueira “Article 92. A period of ten years shall be added Campos, Second Vice President – Senator Romeu to the period of time set forth in article 40 of this Tuma, First Secretary – Senator Alberto Silva, Second Temporary Constitutional Provisions Act.” Secretary – Senator Heráclito Fortes, Third Secretary – Senator Sérgio Zambiasi, Fourth Secretary. “Article 93. The provisions of article 159, III, and paragraph 4 shall only come into force after Published in the Official Journal, December 31, the promulgation of the law referred to in said 2003. item III.” “Article 94. The special tax regimes for micro and small businesses which are specific of the Union, the States, the Federal District, and the

173 Constitution of the Federative Republic of Brazil

– CONSTITUTIONAL – CONSTITUTIONAL AMENDMENT No. 43, 2004 – AMENDMENT No. 44, 2004 –

Alters article 42 of the Temporary Alters the National Tax System and Constitutional Provisions Act, ex- makes further provisions. tending, for 10 (ten) years, applica- tion by the Union of minimum per- centages of the total amount of funds intended for irrigation in the Center- TheD irecting Boards of the Chamber of Deputies and West and Northeast Regions. of the Federal Senate, under the terms of paragraph 3 of article 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

TheD irecting Boards of the Chamber of Deputies and of the Federal Senate, under the terms of paragraph 3 of Article 1. Item III of article 159 of the Constitution shall article 60, of the Federal Constitution, promulgate the henceforth be in force with the following wording: following Amendment to the constitutional text: “Article 159...... III – of the proceeds from the collection of the Article 1. The head paragraph of article 42 of theT em- contribution for intervention in the economic porary Constitutional Provisions Act shall henceforth domain set forth in article 177, paragraph 4, be in force with the following wording: twenty-nine per cent to the States and to the Federal District, distributed in accordance with “Article 42. Of the funds intended for irrigation, the law, with due regard for the allocation referred during a period of 25 (twenty-five) years, the to in item II, c, of said paragraph. Union shall apply: ...... ” ...... ” Article 2. This ConstitutionalA mendment shall come Article 2. This ConstitutionalA mendment shall come into force on the date of its publication. into force on the date of its publication. Brasília, June 30, 2004. Brasília, April 15, 2004. THE DIRECTING BOARD OF THE CHAMBER THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: OF DEPUTIES: Deputy João Paulo Cunha, President – Deputy Deputy João Paulo Cunha, President – Deputy Inocêncio Oliveira, First Vice President – Deputy Inocêncio Oliveira, First Vice President – Deputy Luiz Piauhylino, Second Vice President – Deputy Luiz Piauhylino, Second Vice President – Deputy Geddel Vieira Lima, First Secretary – Deputy Seve- Geddel Vieira Lima, First Secretary – Deputy Nilton rino Cavalcanti, Second Secretary – Deputy Nilton Capixaba, Third Secretary – Deputy Ciro Nogueira, Capixaba, Third Secretary – Deputy Ciro Nogueira, Fourth Secretary. Fourth Secretary.

THE DIRECTING BOARD OF THE FEDERAL THE DIRECTING BOARD OF THE FEDERAL SENATE: SENATE: Senator José Sarney, President – Senator Paulo Paim, Senator José Sarney, President – Senator Paulo Paim, First Vice President – Senator Eduardo Siqueira First Vice President – Senator Eduardo Siqueira Cam- Campos, Second Vice President – Senator Romeu pos, Second Vice President – Senator Romeu Tuma, Tuma, First Secretary – Senator Alberto Silva, Second First Secretary – Senator Alberto Silva, Second Sec- Secretary – Senator Heráclito Fortes, Third Secretary retary – Senator Heráclito Fortes, Third Secretary – Senator Sérgio Zambiasi, Fourth Secretary. – Senator Sérgio Zambiasi, Fourth Secretary.

Published in the Official Journal, April 16, 2004 Published in the Official Journal, July 1, 2004

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– CONSTITUTIONAL the National Council of the Public Prosecution, the Attorney-General of the Republic, and the AMENDMENT No. 45, 2004 – Advocate-General of the Union for crimes of malversation; ...... ” “Article 92...... Alters provisions of articles 5, 36, ...... 52, 92, 93, 95, 98, 99, 102, 103, I-A – the National Council of Justice; 104, 105, 107, 109, 111, 112, 114, ...... 115, 125, 126, 127, 128, 129, 134, Paragraph 1. The Supreme Federal Court, the and 168 of the Federal Constitu- National Council of Justice, and the Superior tion, and adds articles 103-A, 103- Courts have their seat in the Federal Capital. B, 111-A, and 130-A, and makes Paragraph 2. The Supreme Federal Court and further provisions. the Superior Courts have their jurisdiction over the entire Brazilian territory.” “Article 93...... TheD irecting Boards of the Chamber of Deputies and I – admission into the career, with the initial post of the Federal Senate, under the terms of paragraph 3 of of substitute judge, by means of a civil service article 60, of the Federal Constitution, promulgate the entrance examination of tests and presentation following Amendment to the constitutional text: of academic and professional credentials, with the participation of the Brazilian Bar Association in all phases, at least three years of legal practice being Article 1. Articles 5, 36, 52, 92, 93, 95, 98, 99, 102, required of holders of a B.A. in law, and obeying 103, 104, 105, 107, 109, 111, 112, 114, 115, 125, the order of classification for appointments; 126, 127, 128, 129, 134, and 168 of the Federal II – ...... Constitution shall henceforth read as follows: c) appraisal of merit according to performance and to the objective criteria of productivity and “Article 5...... promptness in the exercise of the jurisdiction- LXXVIII – a reasonable length of proceedings al function and according to attendance and and the means to guarantee their expeditious achievement in official or recognized improve- consideration are ensured to everyone, both in ment courses; the judicial and administrative spheres. d) in determining seniority, the court may only ...... reject the judge with the longest service by the Paragraph 3. International human rights trea- justified vote of two-thirds of its members, ac- ties and conventions which are approved in each cording to a specific procedure, full defense be- House of the National Congress, in two rounds of ing ensured, the voting being repeated until the voting, by three fifths of the votes of the respective selection is concluded; members shall be equivalent to constitutional e) promotion shall not be granted to a judge who amendments. unjustifiably withholds case records beyond the Paragraph 4. Brazil accepts the jurisdiction of an legal deadline, and he may not return them to International Criminal Court to whose creation the court archives without providing the necessary it has expressed its adhesion.” disposition thereof or decision thereon; III – access to the courts of second instance shall “Article 36...... obey seniority and merit, alternately, as deter- III – on the granting of a petition from the At- mined at the last or single level; torney-General of the Republic by the Supreme IV – provision of official courses for preparation, Federal Court, in the case of article 34, VII, and improvement, and promotion of judges, while in the case of refusal to enforce a federal law. the participation in an official course or in a IV – (Revoked). course recognized by a national school for the ...... ” education and further development of judges “Article 52...... shall constitute a mandatory stage of the tenure II – to effect the legal proceeding and trial of the acquisition process; Justices of the Supreme Federal Court, the mem- ...... bers of the National Council of Justice and of

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VII – a permanent judge shall reside in the re- and from public or private institutions, save for spective judicial district, except when otherwise the exceptions set forth in law; authorized by the court; V – practice law in the court or tribunal on which VIII – the acts of removal, of placement on paid they served as judges, for a period of three years availability, and of retirement of a judge, for following their retirement or discharge.” public interest, shall be based on a decision by Article 98. the vote of the absolute majority of the respective “ ...... Paragraph 1. court or of the National Council of Justice, full (former sole paragraph) ...... Paragraph 2. defense being ensured; Judicial costs and fees shall be VIII-A – the removal upon request or the ex- assigned exclusively to fund services related to change of judges of same-level judicial districts activities which are specific of Justice.” shall obey, insofar as pertinent, the provisions of “Article 99...... subitems a, b, c, and e of item II; Paragraph 3. If the government bodies referred IX – all judgements of the bodies of the Judicial to in paragraph 2 do not forward their respec- Power shall be public, and all decisions shall tive budget proposals within the time period be justified, under penalty of nullity, but the stipulated in the law of budgetary directives, the law may limit attendance, in given acts, to the Executive Power shall, with a view to engrossing interested parties and to their lawyers, or only to the annual budget proposal, take into account the latter, whenever preservation of the right to the figures approved in the current budgetary privacy of the party interested in confidentiality law, such figures adjusted in accordance with the will not harm the right of the public interest to limits stipulated under the terms of paragraph 1 information; of this article. X – administrative decisions of courts shall be Paragraph 4. If the budget proposals referred to supported by a recital and shall be made in in this article and thus forwarded do not obey the open session, and disciplinary decisions shall limits stipulated under paragraph 1, the Executive be taken by the vote of the absolute majority of Power shall effect the necessary adjustments with a their members; view to engrossing the annual budget proposal. XI – in courts with more than twenty-five judges, Paragraph 5. In the implementation of the budget a special body may be constituted, with a mini- of a specific fiscal year, no expenses may be -in mum of eleven and a maximum of twenty-five curred and no obligations may be assumed that members, to exercise delegated administrative and exceed the limits stipulated in the law of budgetary jurisdictional duties which are under the powers directives, except when previously authorized, by of the full court, half of the positions being filled opening supplementary or special credits.” according to seniority and the other half through election by the full court; “Article 102...... XII – courts will operate continuously, without I – ...... interruption, collective vacation being forbidden h) (revoked); for first instance judges and courts of second ...... instance, and there must be judges on duty at all r) lawsuits against the National Council of Justice times on days in which courts are closed; and against the National Council of the Public XIII – the number of judges in each court shall Prosecution; be proportional to the effective judicial demand ...... and to the respective population; III – ...... XIV – court employees will receive delegation d) considers valid a local law challenged in the to carry out administrative acts and acts aimed light of a federal law. at the mere disposition of matters, without a ...... decisional nature; Paragraph 2. Final decisions on merits, pro- XV – proceedings will be assigned immediately nounced by the Supreme Federal Court, in direct upon filing, at all levels of jurisdiction.” actions of unconstitutionality and declaratory actions of constitutionality shall have force against “Article 95...... all, as well as a binding effect, as regards the other Sole paragraph. Judges are forbidden to: bodies of the Judicial Power and the governmental ...... entities and entities owned by the Federal Govern- IV – receive, on any account or for any reason, ment, in the federal, state, and local levels. financial aid or contribution from individuals,

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Paragraph 3. In an extraordinary appeal, the “Article 107...... appealing party must demonstrate the general Paragraph 1. (former sole paragraph) ...... repercussion of the constitutional issues discussed Paragraph 2. TheF ederal Regional Courts shall in the case, under the terms of the law, so that the install an itinerant justice system, carrying out Court may examine the possibility of accepting hearings and other functions typical of the opera- the appeal, and it may only reject it through the tion of justice, within the territorial limits of the opinion of two thirds of its members.” respective jurisdiction, and making use of public and community facilities. Article 103. “ The following may file direct actions Paragraph 3. TheF ederal Regional Courts may of unconstitutionality and declaratory actions of operate in a decentralized mode, by creating constitutionality: regional Divisions, with a view to affording ...... claimants full access to justice in all stages of the IV – the Directing Board of a State Legislative judicial action.” Assembly or of the Federal District Legislative Chamber; “Article 109...... V – a State Governor or the Federal District ...... Governor; V-A. cases regarding human rights referred to in ...... paragraph 5 of this article; Paragraph 4. (Revoked).” ...... Paragraph 5. In cases of serious human rights Article 104. “ ...... violations, and with a view to ensuring compli- Sole paragraph. The Justices of the Superior ance with obligations deriving from international Court of Justice shall be appointed by the Presi- human rights treaties to which Brazil is a party, the dent of the Republic, chosen from among Bra- Attorney-General of the Republic may request, zilians over thirty-five and under sixty-five years before the Superior Court of Justice, and in the of age, of notable juridical learning and spotless course of any of the stages of the inquiry or judicial reputation, after the nomination has been ap- action, that jurisdiction on the matter be taken proved by the absolute majority of the Federal to Federal Justice.” Senate, as follows: ...... ” “Article 111...... Paragraph 1. (Revoked). Article 105. “ ...... Paragraph 2. (Revoked). I – ...... Paragraph 3. (Revoked).” i) the homologation of foreign court decisions and the granting of exequatur to letters rogatory; “Article 112. The law shall establish Labour ...... Courts of first instance, allowing, in districts not III – ...... covered by their jurisdiction, for the attribution of b) considers valid an act of a local government such jurisdiction to judges, appeals being admis- challenged in the light of a federal law; sible to the respective Regional Labour Court.” ...... “Article 114. Labour Justice has the power to Sole paragraph. The following shall operate in hear and try: conjunction with the Superior Court of Justice: I – judicial actions arising from labour relations, I – the National School for the Education and comprising entities of public international law and Further Development of Judges, which shall be of the direct and indirect public administration in charge, among other duties, of regulating the of the Union, the states, the Federal District, and official courses for admission into and promotion the municipalities; in the career; II – judicial actions involving the exercise of the II – the Council of Federal Justice, which shall, right to strike; under the terms of the law, exercise administra- III – judicial actions regarding union representa- tive and budgetary supervision over the Federal tion, when the opposing parties are trade unions, Courts of first and second instances, in the quality or trade unions and workers, or trade unions of the main body of the system, having powers to and employers; correct administrative acts, and whose decisions IV – writs of mandamus, habeas corpus, and habeas shall have a binding nature.” data, when the action being challenged involves matter under the jurisdiction of Labour Justice;

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V – conflicts of powers between bodies having “Article 125...... jurisdiction over labour issues, except as provided Paragraph 3. By proposal of the Court of Justice, under article 102, I, o; a state law may create the State Military Justice, VI – judicial actions arising from labour relations constituted, at first instance, by judges and by the which seek compensation for moral or property Councils of Justice and, at second instance, by the damages; Court of Justice itself, or by the Court of Military VII – judicial actions regarding administrative Justice in those states in which the military troops penalties imposed upon employers by the bodies count more than twenty thousand members. charged with supervising labour relations; Paragraph 4. The State Military Justice has the VIII – ex-officio enforcement of the welfare con- competence to institute legal proceeding and trial tributions set forth in article 195, I, a, and II, and of the military of the states for military crimes their legal raises, arising from the judgments it defined in law, as well as to hear and try judicial pronounces; actions against military disciplinary measures, IX – other disagreements arising from labour with due regard for the competence of the jury relations, under the terms of the law. when the victim is a civilian, and the competent Paragraph 1...... court shall decide upon the loss of post or rank of Paragraph 2. If any of the parties refuses col- officers and of the grade of servicemen. lective negotiation or arbitration, they may file Paragraph 5. The judges of the military justice a collective labour suit of an economic nature, system have the competence, in the quality of by mutual agreement, and Labour Courts may single-judge courts, to institute legal proceeding settle the conflict, respecting the minimum legal and trial of military crimes committed against ci- provisions for the protection of labour, as well as vilians and to hear and try judicial actions against any provisions previously agreed upon. military disciplinary measures, and it is incumbent Paragraph 3. In the event of a strike in an essen- upon the Council of Justice, presided over by a tial activity which may possibly injure the public judge, to institute legal proceeding and trial of interest, the Labour Public Prosecution may file a other military crimes. collective labour suit, and it is incumbent upon Paragraph 6. The Court of Justice may operate in Labour Courts to settle the conflict.” a decentralized mode, by creating regional Divi- sions, with a view to affording claimants full access Article 115. “ The Regional Labour Courts are to justice in all stages of the judicial action. composed of a minimum of seven judges, selected, Paragraph 7. The Court of Justice shall install whenever possible, in the respective region and an itinerant justice system, carrying out hearings appointed by the President of the Republic from and other functions typical of the operation of among Brazilians over thirty and under sixty-five justice, within the territorial limits of the respec- years of age, as follows: tive jurisdiction, and making use of public and I – one-fifth shall be chosen from among lawyers community facilities.” effectively practicing their professional activity for more than ten years and from among members “Article 126. For the settlement of conflicts relat- of the Labour Public Prosecution with over ten ing to land property, the Court of Justice shall years of effective service, with due regard for the propose the creation of specialized single-judge provisions of article 94; courts, with exclusive competence for agrarian II – the others, by means of promotion of labour matters. judges for seniority and merit, alternately...... ” Paragraph 1. TheR egional Labour Courts shall Article 127. install an itinerant justice system, carrying out “ ...... Paragraph 4. hearings and other functions typical of the opera- If the Public Prosecution does not tion of justice, within the territorial limits of the forward its respective budget proposal within respective jurisdiction, and making use of public the time period stipulated in the law of budget- and community facilities. ary directives, the Executive Power shall, with a Paragraph 2. TheR egional Labour Courts may view to engrossing the annual budget proposal, operate in a decentralized mode, by creating take into account the figures approved in the regional Divisions, with a view to affording current budgetary law, such figures adjusted in claimants full access to justice in all stages of the accordance with the limits stipulated under the judicial action.” terms of paragraph 3. Paragraph 5. If the budget proposal referred to in this article and thus forwarded does not

178 Constitutional Amendments obey the limits stipulated under paragraph 3, present its budget proposal within the limits set the Executive Power shall effect the necessary forth in the law of budgetary directives and in adjustments with a view to engrossing the annual due compliance with the provisions of article budget proposal. 99, paragraph 2.” Paragraph 6. In the implementation of the budget “Article 168. Funds corresponding to budgetary of a specific fiscal year, no expenses may be -in allocations, including supplementary and special curred and no obligations may be assumed that credits, intended for the bodies of the Legislative exceed the limits stipulated in the law of budgetary and Judicial Powers, the Public Prosecution, and directives, except when previously authorized, by the Public Legal Defense, shall be remitted to opening supplementary or special credits.” them on or before the twentieth of each month, in twelfths, as provided by the supplementary law Article 128. “ ...... referred to in article 165, paragraph 9.” Paragraph 5...... I – ...... Article 2. TheF ederal Constitution shall henceforth b) irremovability, save for reason of public inter- include the following articles 103-A, 103-B, 111-A, est, through decision of the competent collegiate and 130-A: body of the Public Prosecution, by the vote of the absolute majority of its members, full defense “Article 103-A. TheF ederal Supreme Court may, being ensured; ex-officio or upon request, upon decision of two ...... thirds of its members, and following reiterated II – ...... judicial decisions on constitutional matter, issue e) engaging in political or party activities; a summula (restatement of case law) which, as f) receiving, on any account or for any reason, from publication in the official press, shall have financial aid or contribution from individuals, a binding effect upon the lower bodies of the and from public or private institutions, save for Judicial Power and the direct and indirect public the exceptions set forth in law. administration, in the federal, state, and local Paragraph 6. The provisions of article 95, sole levels, and which may also be reviewed or revoked, paragraph, V, shall apply to the members of Public as set forth in law. Prosecution.” Paragraph 1. The purpose of a summula is to “Article 129...... validate, construe, and impart effectiveness to Paragraph 2. The functions ofP ublic Prosecution some rules about which there is a current con- may only be exercised by career members, who troversy among judicial bodies or among such must reside in the judicial district of their respec- bodies and the public administration, and such tive assignment, save when otherwise authorized controversy brings about serious juridical insecu- by the head of the institution. rity and the filing of multiple lawsuits involving Paragraph 3. Admission into the career of Public similar issues. Paragraph 2. Prosecution shall take place by means of a civil Without prejudice to the provisions service entrance examination of tests and presen- the law may establish, the issuance, review, or tation of academic and professional credentials, revocation of a summula may be requested by ensuring participation by the Brazilian Bar As- those who may file a direct action of unconsti- sociation in such examination, at least three years tutionality. Paragraph 3. of legal practice being required of holders of a An administrative act or judicial B.A. in law, and observing, for appointment, the decision which contradicts the applicable sum- order of classification. mula or which unduly applies a summula may Paragraph 4. The provisions of article 93 shall be appealed to the Supreme Federal Court, and apply to the Public Prosecution, where appro- if the appeal is granted, such Court shall declare priate. the administrative act null and void or overrule Paragraph 5. In the Public Prosecution, proceed- the appealed judicial decision, ordering that a ings will be assigned immediately upon filing.” new judicial decision be issued, with or without applying the summula, as the case may be.” “Article 134...... Article 103-B. Paragraph 1. (former sole paragraph) ...... “ TheN ational Council of Justice Paragraph 2. The Public Legal Defense of each is composed of fifteen members over thirty-five state shall be ensured of functional and admin- and under sixty-six years of age, appointed for a istrative autonomy, as well as the prerogative to

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two-year term of office, one reappointment being with, and it may issue regulatory acts within its permitted, as follows: jurisdiction, or recommend measures; I – a Justice of the Supreme Federal Court, nomi- II – ensure that article 37 is complied with, and nated by said Court; examine, ex-officio or upon request, the legality II – a Justice of the Superior Court of Justice, of administrative acts carried out by members or nominated by said Court; bodies of the Judicial Branch, and it may revoke III – a Justice of the Superior Labour Court, or review them, or stipulate a deadline for the nominated by said Court; adoption of the necessary measures to achieve IV – a judge of a State Court of Justice, nominated due execution of the law, without prejudice to by the Supreme Federal Court; the powers of the Federal Audit Court; V – a state judge, nominated by the Supreme III – receive and examine complaints against Federal Court; members or bodies of the Judicial Branch, includ- VI – a judge of a Federal Regional Court, nomi- ing against its ancillary services, clerical offices, nated by the Superior Court of Justice; and bodies in charge of notary and registration VII – a federal judge, nominated by the Superior services which operate by virtue of Government Court of Justice; delegation or have been made official, without VIII – a judge of a Regional Labour Court, nomi- prejudice to the courts’ disciplinary competence nated by the Superior Labour Court; and their power to correct administrative acts, IX – a labour judge, nominated by the Superior and it may order that pending disciplinary pro- Labour Court; ceedings be forwarded to the National Council X – a member of the Public Prosecution of the of Justice, determine the removal, placement on Union, nominated by the Attorney-General of paid availability, or retirement with compensation the Republic; or pension in proportion to the length of service, XI – a member of a state Public Prosecution, and enforce other administrative sanctions, full chosen by the Attorney-General of the Republic defense being ensured; from among the names indicated by the compe- IV – present a formal charge to the Public Pros- tent body of each state institution; ecution, in the case of crime against public ad- XII – two lawyers, nominated by the Federal ministration or abuse of authority; Board of the Brazilian Bar Association; V – review, ex-officio or upon request, disciplinary XIII – two citizens of notable juridical learning proceedings against judges and members of courts and spotless reputation, one of whom nominated tried in the preceding twelve months; by the Chamber of Deputies and the other one VI – prepare a twice-a-year statistical report on by the Federal Senate. proceedings and judgements rendered per unit Paragraph 1. The Council shall be presided over of the Federation in the various bodies of the by the Justice of the Supreme Federal Court, who Judicial Branch; shall vote in the event of tied voting, and he shall VII – prepare a yearly report, including the meas- be excluded from the assignment of proceedings ures it deems necessary, on the state of the Judicial in said Court. Branch in the Country and on the Council’s ac- Paragraph 2. The members of the Council shall tivities, which report must be an integral part of a be appointed by the President of the Republic, message to be forwarded by the Chief Justice of the after their nomination has been approved by the Supreme Federal Court to the National Congress absolute majority of the Federal Senate. upon the opening of the legislative session. Paragraph 3. If the nominations set forth in this Paragraph 5. The Justice of the Superior Court article are not effected within the legal deadline, of Justice shall occupy the position of Corregidor- selection shall be incumbent upon the Federal Justice, in charge of internal affairs, and he shall Supreme Court. be excluded from the assignment of proceed- Paragraph 4. It is incumbent upon the Council to ings in said Court, the following duties being control the administrative and financial operation incumbent upon him, in addition to those that of the Judicial Branch and the proper discharge of may be conferred upon him by the Statute of official duties by judges, and it shall, in addition the Judicature: to other duties that the Statute of the Judicature I – to receive complaints and accusations from may confer upon it: any interested party regarding judges and judici- I – ensure that the Judicial Branch is autonomous ary services; and that the Statute of the Judicature is complied II – to exercise executive functions of the Council concerning inspection and general correction;

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III – to requisition and appoint judges, charging I – the Attorney-General of the Republic, who them with specific duties, and to requisition court chairs the Council; employees, including in the States, the Federal II – four members of the Public Prosecution of the District, and the Territories. Union, representing each one of its careers; Paragraph 6. The Attorney General of the Re- III – three members of the Public Prosecution public and the Chairman of the Federal Board of of the States; the Brazilian Bar Association shall be competent IV – two judges, one of whom nominated by the to petition before the Council. Supreme Federal Court and the other one by the Paragraph 7. The Union shall establish Justice Superior Court of Justice; ombudsman’s offices, including in the Federal V – two lawyers, nominated by the Federal Board District and in the Territories, with powers to of the Brazilian Bar Association; receive complaints and accusations from any VI – two citizens of notable juridical learning and interested party against members or bodies of spotless reputation, one of whom nominated by the Judicial Branch, or against their ancillary the Chamber of Deputies and the other one by services, thus presenting formal charges directly the Federal Senate. to the National Council of Justice.” Paragraph 1. The members of the Council who are members of the Public Prosecution shall be Article 111-A. “ TheS uperior Labour Court shall nominated by their respective bodies, under the be composed of twenty-seven Justices, chosen terms of the law. from among Brazilians over thirty-five and under Paragraph 2. It is incumbent upon the National sixty-five years of age, appointed by theP resident Council of the Public Prosecution to control the of the Republic after approval by the absolute administrative and financial operation of the majority of the Federal Senate, as follows: Public Prosecution and the proper discharge of I – one-fifth from among lawyers effectively prac- official duties by its members, and it shall: ticing their professional activity for more than ten I – ensure that the Public Prosecution is autono- years and from among members of the Labour mous in its operation and administration, and it Public Prosecution with over ten years of effec- may issue regulatory acts within its jurisdiction, tive exercise, with due regard for the provisions or recommend measures; of article 94; II – ensure that article 37 is complied with, and II – the others, from among career judges of examine, ex-officio or upon request, the legality the Regional Labour Courts, nominated by the of administrative acts carried out by members or Superior Labour Court. bodies of the Public Prosecution of the Union Paragraph 1. The law shall make provisions for and of the States, and it may revoke or review the powers of the Superior Labour Court. them, or stipulate a deadline for the adoption of Paragraph 2. The following shall operate in con- the necessary measures to achieve due execution junction with the Superior Labour Court: of the law, without prejudice to the powers of I – the National School for the Education and Audit Courts; Further Development of Labour Judges, which III – receive and examine complaints against shall have the duty, among others, to regulate the members or bodies of the Public Prosecution official courses for admission into and promotion of the Union or of the States, including against in the career; their ancillary services, without prejudice to such II – the Higher Council of Labour Justice, which institutions’ disciplinary competence and their shall, under the terms of the law, exercise adminis- power to correct administrative acts, and it may trative, budgetary, financial, and property supervi- order that pending disciplinary proceedings be sion over Labour Courts of first and second in- forwarded to the National Council of the Public stances, in the quality of central body of the system, Prosecution, determine the removal, placement on whose decisions shall have a binding effect.” paid availability, or retirement with compensation “Article 130-A. The National Council of the or pension in proportion to the length of service, Public Prosecution is composed of fourteen mem- and enforce other administrative sanctions, full bers appointed by the President of the Republic, defense being ensured; after their nomination has been approved by the IV – review, ex-officio or upon request, discipli- absolute majority of the Federal Senate, for a nary proceedings against members of the Public two-year term of office, one reappointment being Prosecution of the Union or of the States tried permitted, as follows: in the preceding twelve months;

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V – prepare a yearly report, including the meas- Article 5. The National Council of Justice and the ures it deems necessary, on the state of the Public National Council of the Public Prosecution shall be Prosecution in the Country and on the Council’s installed within one hundred and eighty days as from activities, which report must be an integral part of the date this Amendment is enacted, and the nomina- the message referred to in article 84, XI. tion or appointment of their members must be effected Paragraph 3. The Council shall, by means of no later than thirty days before such deadline. secret voting, choose a national Corregidor, from Paragraph 1. If the nominations and appointments among the members of the Public Prosecution for the National Council of Justice and the Na- who compose the Council, reappointment be- tional Council of the Public Prosecution are not ing forbidden, and the following duties shall be effected within the time period set forth in the head incumbent upon him, in addition to those that paragraph of this article, it shall be incumbent upon may be conferred upon him by law: the Supreme Federal Court and the Federal Public I – to receive complaints and accusations from any Prosecution, respectively, to effect such nominations interested party regarding members of the Public and appointments. Prosecution and its ancillary services; Paragraph 2. Until such time as the Statute of the II – to exercise executive functions of the Council Judicature comes into force, the National Council concerning inspection and general correction; of Justice shall, by means of a resolution, regulate III – to requisition and appoint members of the its own operation and define the duties of the Cor- Public Prosecution, delegating specific duties to regidor-Justice. such members, and to requisition employees of Article 6. Public Prosecution bodies. TheH igher Council of Labour Justice shall Paragraph 4. The Chairman of theF ederal Board be installed within one hundred and eighty days, and of the Brazilian Bar Association shall be competent it shall be incumbent upon the Superior Labour Court to petition before the Council. to regulate its operation by means of a resolution, Paragraph 5. Federal and state legislation shall until such time as the law referred to in article 111-A, establish ombudsman’s offices for theP ublic Pros- paragraph 2, II, is promulgated. ecution, with powers to receive complaints and Article 7. Immediately after this Constitutional accusations from any interested party against Amendment is enacted, the National Congress shall members or bodies of the Public Prosecution, install a joint special committee for the purpose of including against their ancillary services, thus preparing, within one hundred and eighty days, the presenting formal charges directly to the National bills necessary to regulate the matter dealt with in this Council of the Public Prosecution.” Amendment, and of effecting alterations in federal legislation with a view to expanding access to Justice Article 3. The law shall establish theF und to Guarantee and to expediting judicial services. the Execution of Labour Claims, made up of fines imposed by labour and administrative judgements Article 8. The current summulas of the Supreme arising from the supervision of labour relations, in Federal Court shall only have a binding effect after addition to other revenues. they are confirmed by two thirds of the members of said Court and published in the official press. Article 4. Existing State Courts of Appeals are hereby abolished, and their members shall henceforth become Article 9. The following are hereby revoked: itemIV of members of the Courts of Justice of their respec- article 36; letter h of item I of article 102; paragraph 4 tive States, with due regard for their seniority and of article 103; and paragraphs 1 to 3 of article 111. original class. Article 10. This Constitutional Amendment shall Sole paragraph. The Courts of Justice shall, within one come into force on the date of its publication. hundred and eighty days as from the date this Amend- ment is enacted, effect the integration of members of Brasília, December 8, 2004. abolished courts into their own staff, by means of an administrative act, stipulating their duties and forward- THE DIRECTING BOARD OF THE CHAMBER ing to the Legislative Branch, within the same time OF DEPUTIES: period, a proposal to alter the corresponding judiciary Deputy João Paulo Cunha, President – Deputy Ino- organization and division, with due regard for the rights cêncio Oliveira, First Vice President – Deputy Luiz of retirees and pensioners and for the reassignment of Piauhylino, Second Vice President – Deputy Geddel civil servants to the state Judicial Branch. Vieira Lima, First Secretary – Deputy Severino Caval- canti, Second Secretary – Deputy Nilton Capixaba,

182 Constitutional Amendments

Third Secretary – Deputy Ciro Nogueira, Fourth – CONSTITUTIONAL Secretary. AMENDMENT No. 46, 2005 – THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator José Sarney, President – Senator Paulo Paim, First Vice President – Senator Eduardo Siqueira Cam- pos, Second Vice President – Senator Romu Tuma, Alters item IV of article 20 of the First Secretary – Senator Alberto Silva, Second Sec- Federal Constitution. retary – Senator Heráclito Fortes, Third Secretary – Senator Sérgio Zambiasi, Fourth Secretary.

Published in the Official Journal, December 31, TheD irecting Boards of the Chamber of Deputies and 2004 of the Federal Senate, under the terms of paragraph 3 of article 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Article 1. Item IV of article 20 of the Federal Con- stitution shall henceforth read as follows:

“Article 20...... IV – the river and lake islands in zones border- ing with other countries; sea beaches; ocean and off-shore islands, excluding those which are the seat of Municipalities, with the exception of areas assigned to public services and to federal environ- mental units, and those referred to in article 26, II; ...... ” Article 2. This ConstitutionalA mendment shall come into force on the date of its publication.

Brasília, May 5, 2005.

THE DIRECTING BOARD OF THE CHAM- BER OF DEPUTIES: Deputy Severino Cavalcanti, President – Deputy José Thomaz Nonô, First Vice President – Deputy Ciro Nogueira, Second Vice President – Deputy Inocêncio Oliveira, First Secretary – Deputy Nilton Capixaba, Second Secretary – Deputy Eduardo Gomes, Third Secretary – Deputy João Caldas, Fourth Secretary.

THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator Renan Calheiros, President – Senator Tião Viana, First Vice President – Antero Paes de Barros, Second Vice President – Senator Efraim Morais, First Secretary – Senator João Alberto Souza, Second Secre- tary – Senator Paulo Octávio, Third Secretary – Senator Eduardo Siqueira Campos, Fourth Secretary.

Published in the Official Journal, May 6, 2005

183 Constitution of the Federative Republic of Brazil

– CONSTITUTIONAL Paragraph 21. The contribution set forth in paragraph 18 of this article shall be levied only AMENDMENT No. 47, 2005 – on the portions of retirement pensions and other pensions which exceed an amount equal to twice the maximum limit established for the benefits of the general social security scheme mentioned in article 201 of this Constitution, if the benefi- Alters articles 37, 40, 195, and 201 ciaries, under the terms of the law, suffer from of the Federal Constitution, to pro- incapacitating diseases.” vide for social security, and makes further provisions. “Article 195...... Paragraph 9. The welfare contributions set forth in item I of the head paragraph of this article may have differentiated rates or assessment bases, TheD irecting Boards of the Chamber of Deputies and according to the economic activity, the intensive of the Federal Senate, under the terms of paragraph 3 of use of labour, the size of the company, or the article 60, of the Federal Constitution, promulgate the structural situation of the labour market. following Amendment to the constitutional text: ...... ” “Article 201...... Paragraph 1. The adoption of differentiated -re Article 1. Articles 37, 40, 195, and 201 of the Federal quirements and criteria for the granting of retire- Constitution shall henceforth read as follows: ment to the beneficiaries of the general social “Article 37...... security scheme is forbidden, with the exception Paragraph 11. The compensatory amounts set of the cases, as defined by a supplementary law, forth in law shall not be computed for the pur- of activities carried out under special conditions poses of the remuneration limits referred to in which are harmful to health or to physical whole- item XI of the head paragraph of this article. ness, and of cases in which the insured are persons Paragraph 12. For the purposes provided by item with disabilities. XI of the head paragraph of this article, the States ...... and the Federal District may stipulate, within their Paragraph 12. The law shall provide for a special own sphere, by means of an amendment to their system to include low-income workers in the social respective Constitutions and Organic Law, as a security system, as well as to include no-income single limit, the monthly compensation of the persons who are engaged exclusively in household Judges of the respective State Court of Justice, chores within their own homes, provided that they limited to ninety and twenty-five hundredths belong to low-income families, so that they have percent of the monthly compensation of the guaranteed access to benefits at an amount equal Justices of the Supreme Federal Court, and the to one monthly minimum salary. provision of this paragraph shall not be applied Paragraph 13. The rates and grace periods of the to the compensation of State and Federal District special system of inclusion in the social security Deputies and of City Councilmen.” system referred to in paragraph 12 of this article “Article 40...... shall be lower than those in effect for other in- Paragraph 4. The adoption of differentiated -re sured participants of the general social security quirements and criteria for the granting of retire- scheme.” ment to those covered by the scheme set forth Article 2. The provisions of article 7 of Constitutional in this article is forbidden, with the exception Amendment no. 41, 2003, shall apply to the retire- of the cases, as defined by supplementary laws, ment pensions of government employees who go into of employees: retirement pursuant to the head paragraph of article I – with disabilities; 6 of said Amendment. II – engaged in hazardous activities; III – engaged in activities carried out under special Article 3. Without prejudice to the right to opt for conditions which are harmful to health or to retirement in accordance with the rules established by physical wholeness. article 40 of the Federal Constitution or the rules estab- ...... lished by articles 2 and 6 of Constitutional Amendment no. 41, 2003, an employee of the Union, the States,

184 Constitutional Amendments the Federal District, and the Municipalities, including THE DIRECTING BOARD OF THE FEDERAL their associate government agencies and foundations, SENATE: who has entered public administration on or before Senator Renan Calheiros, President – Senator Tião December 16, 1998, may go into retirement with full Viana, First Vice President – Senator Efraim Morais, pay, provided that such employee meets the following First Secretary – Senator Paulo Octávio, Third Sec- cumulative conditions: retary – Senator Eduardo Siqueira Campos, Fourth I – thirty-five years of contribution, if a man, and Secretary. thirty years of contribution, if a woman; II – twenty-five years of effective exercise in public Published in the Official Journal, July 6, 2005 administration, fifteen years in the career, and five years in the effective post from which retirement is going to take place; III – a minimum age resulting from the reduction, as regards the limits set forth by article 40, paragraph 1, item III, letter “a”, of the Federal Constitution, of one year of age for each year of contribution which exceeds the condition set forth in item I of the head paragraph of this article. Sole paragraph. The provisions of article 7 of Consti- tutional Amendment no. 41, 2003, shall apply to the retirement pensions granted pursuant to this article, and such revision criterion shall also be applied to pensions deriving from the retirement pensions of deceased employees who went into retirement pursu- ant to this article. Article 4. Until such time as the law referred to in paragraph 11 of article 37 of the Federal Constitu- tion is enacted, no compensatory amount as defined by the legislation in effect on the date of publication of Constitutional Amendment no. 41, 2003, shall be computed for the purposes of the remuneration limits set forth in item XI of the head paragraph of said article. Article 5. The sole paragraph of article 6 of Consti- tutional Amendment no. 41, December 19, 2003, is hereby revoked. Article 6. This ConstitutionalA mendment shall come into force on the date of its publication, and its effects shall be retroactive to the date Constitutional Amend- ment no. 41, 2003, came into force.

Brasília, July 5, 2005.

THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Deputy Severino Cavalcanti, President – Deputy José Thomaz Nonô, First Vice President – Deputy Ciro Nogueira, Second Vice President – Deputy Inocêncio Oliveira, First Secretary – Deputy Eduardo Gomes, Third Secretary – Deputy João Caldas, Fourth Secretary.

185 Constitution of the Federative Republic of Brazil

– CONSTITUTIONAL THE DIRECTING BOARD OF THE FEDERAL SENATE: AMENDMENT No. 48, 2005 – Senator Renan Calheiros, President – Senator Tião Viana, First Vice President – Senator Efraim Morais, First Secretary – Senator Paulo Octávio, Third Sec- retary – Senator Eduardo Siqueira Campos, Fourth Adds paragraph 3 to article 215 of Secretary. the Federal Constitution, to insti- tute the National Culture Plan. Published in the Official Journal, August 11, 2005

TheD irecting Boards of the Chamber of Deputies and of the Federal Senate, under the terms of article 60, of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Article 1. Article 215 of the Federal Constitution shall henceforth include the following paragraph 3:

“Article 215...... Paragraph 3. The law shall establish theN ational Culture Plan, in the form of a multiyear plan aimed at the cultural development of the country and the integration of government initiatives to attain the following: I – protection and appreciation of the value of Brazil’s cultural heritage; II – production, promotion, and diffusion of cultural goods; III – training of qualified personnel to manage culture in its multiple dimensions; IV – democratization of access to cultural goods; V – appreciation of the value of ethnic and re- gional diversity.”

Article 2. This ConstitutionalA mendment shall come into force on the date of its publication.

Brasília, August 10, 2005

THE DIRECTING BOARD OF THE CHAM- BER OF DEPUTIES: Deputy Severino Cavalcanti, President – Deputy José Thomaz Nonô, First Vice President – Deputy Ciro Nogueira, Second Vice President – Deputy Inocêncio Oliveira, First Secretary – Deputy Nilton Capixaba, Second Secretary – Deputy Eduardo Gomes, Third Secretary – Deputy João Caldas, Fourth Secretary.

186 Constitutional Amendments

– CONSTITUTIONAL Article 3. This ConstitutionalA mendment shall come into force on the date of its publication. AMENDMENT No. 49, 2006 – Brasília, February 8, 2006.

THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Alters the wording of letter “b” and Deputy Aldo Rebelo, President – Deputy José adds letter “c” to item XXIII of the Thomaz Nonô, First Vice President – Deputy Ciro head paragraph of article 21, and Nogueira, Second Vice President – Deputy Inocêncio alters the wording of item V of the Oliveira, First Secretary – Deputy Nilton Capixaba, head paragraph of article 177 of the Second Secretary – Deputy João Caldas, Fourth Federal Constitution so as to exclude Secretary. the production, sale, and use of short-lived radioisotopes for medical, agricultural, and industrial purposes THE DIRECTING BOARD OF THE FEDERAL from the monopoly of the Union. SENATE: Senator Renan Calheiros, President – Senator Tião Viana, First Vice President – Senator Antero Paes de Barros, Second Vice President – Senator Efraim The Directing Boards of the Chamber of Deputies Morais, First Secretary – Senator João Alberto Souza, and of the Federal Senate, under the terms of article Second Secretary – Senator Paulo Octávio, Third 60 of the Federal Constitution, enact the following Secretary – Senator Eduardo Siqueira Campos, Amendment to the constitutional text: Fourth Secretary.

Published in the Official Journal, February 9, 2006. Article 1. Item XXIII of article 21 of the Federal Constitution shall henceforth read as follows:

“Article 21...... XXIII – ...... b) under a permission, authorization is granted for the sale and use of radioisotopes in research and for medical, agricultural, and industrial purposes; c) under a permission, authorization is granted for the production, sale, and use of radioisotopes with a half-life lower than two hours; d) civil liability for nuclear damages does not depend on the existence of fault; ...... ”

Article 2. Item V of the head paragraph of article 177 of the Federal Constitution shall henceforth read as follows:

“Article 177...... V – prospecting, mining, enrichment, reprocess- ing, industrialization, and trading of nuclear mineral ores and minerals and their by-products, with the exception of radioisotopes whose pro- duction, sale, and use may be authorized under a permission, in accordance with letters b and c of item XXIII of the head paragraph of article 21 of this Federal Constitution...... ”

187 Constitution of the Federative Republic of Brazil

– CONSTITUTIONAL Brasília, February 14, 2006.

AMENDMENT No. 50, 2006 – THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Deputy Aldo Rebelo, President – Deputy José Thomaz Nonô, First Vice President – Deputy Ciro Nogueira, Second Vice President – Deputy Inocêncio Alters article 57 of the Federal Con- Oliveira, First Secretary – Deputy Nilton Capixaba, stitution. Second Secretary – Deputy João Caldas, Fourth Secretary.

THE DIRECTING BOARD OF THE FEDERAL The Directing Boards of the Chamber of Deputies SENATE: and of the Federal Senate, under the terms of article Senator Renan Calheiros, President – Senator Tião 60 of the Federal Constitution, enact the following Viana, First Vice President – Senator Antero Paes Amendment to the constitutional text: de Barros, Second Vice President – Senator Efraim Morais, First Secretary – Senator João Alberto Souza, Second Secretary – Senator Paulo Octávio, Third Article 1. Article 57 of the Federal Constitution shall Secretary – Senator Eduardo Siqueira Campos, henceforth read as follows: Fourth Secretary. “Article 57. The National Congress shall meet Published in the Official Journal, February 15, each year in the Federal Capital, from February 2 2006. to July 17 and from August 1 to December 22.

...... Paragraph 4. Both Houses shall meet in a pre- paratory session, beginning February 1 of the first year of the legislative term, for the installation of its members and the election of the respective Directing Boards, for a term of office of two years, the re-election to the same office in the immedi- ately subsequent election being prohibited...... Paragraph 6. Special sessions of the National Congress shall be called: ...... II – by the President of the Republic, by the Presidents of the Chamber of Deputies and of the Federal Senate, or by request of the majority of the members of both Houses, in the event of urgency or important public interest, approval by the absolute majority of each House of the National Congress being required in all cases referred to in this item. Paragraph 7. In a special legislative session, the National Congress shall deliberate only upon the matter for which it was called, exception being made for the event mentioned in paragraph 8 of this article, the payment of a compensatory amount by virtue of the special session being forbidden...... ” Article 2. This ConstitutionalA mendment shall come into force on the date of its publication.

188 Constitutional Amendments

– CONSTITUTIONAL selection process referred to in paragraph 4 of article 198 of the Federal Constitution, provided that they AMENDMENT No. 51, 2006 – have been hired via a previous public selection proc- ess carried out by bodies or entities of the direct or indirect administration of a State, the Federal District, or a Municipality, or by other institutions, under the effective supervision and authorization of the direct Adds paragraphs 4, 5, and 6 to arti- administration of the units of the Federation. cle 198 of the Federal Constitution. Article 3. This ConstitutionalA mendment shall come into force on the date of its publication.

The Directing Boards of the Chamber of Deputies Brasília, February 14, 2006. and of the Federal Senate, under the terms of article 60 of the Federal Constitution, enact the following THE DIRECTING BOARD OF THE CHAMBER Amendment to the constitutional text: OF DEPUTIES: Deputy Aldo Rebelo, President – Deputy José Thomaz Nonô, First Vice President – Deputy Ciro Article 1. Article 198 of the Federal Constitution Nogueira, Second Vice President – Deputy Inocêncio shall henceforth include the following paragraphs Oliveira, First Secretary – Deputy Nilton Capixaba, 4, 5, and 6: Second Secretary – Deputy João Caldas, Fourth “Article 198...... Secretary. Paragraph 4. The local managers of the unified health system may hire community health workers THE DIRECTING BOARD OF THE FEDERAL and endemic disease control agents by means of a SENATE: public selection process, taking into account the Senator Renan Calheiros, President – Senator Tião nature and complexity of their duties and the Viana, First Vice President – Senator Antero Paes specific requirements of their activity. de Barros, Second Vice President – Senator Efraim Paragraph 5. Federal legislation shall provide for Morais, First Secretary – Senator João Alberto Souza, the legal regime and the regulation of the activi- Second Secretary – Senator Paulo Octávio, Third ties of community health workers and endemic Secretary – Senator Eduardo Siqueira Campos, disease control agents. Fourth Secretary. Paragraph 6. In addition to the cases set forth in paragraph 1 of article 41 and in paragraph 4 of Published in the Official Journal, February 15, article 169 of the Federal Constitution, an em- 2006. ployee whose activities are equivalent to those of a community health worker or an endemic disease control agent may be dismissed if he does not comply with the specific requirements stipulated by law for such activities.”

Article 2. As from the enactment of this Constitutional Amendment, community health workers and endemic disease control agents may only be hired directly by the States, the Federal District, or the Municipalities under the terms of paragraph 4 of article 198 of the Federal Constitution, with due regard for the spending limits stipulated by the Supplementary Law referred to in article 169 of the Federal Constitution. Sole paragraph. Workers who, on the date of enact- ment of this Amendment, and on any account, are carrying out the activities of community health work- ers or endemic disease control agents, in accordance with the law, are not required to undergo the public

189 Constitution of the Federative Republic of Brazil

– CONSTITUTIONAL Secretary – Senator Eduardo Siqueira Campos, Fourth Secretary. AMENDMENT No. 52, 2006 – Published in the Official Journal, March 9, 2006.

Gives new wording to paragraph 1 of article 17 of the Federal Constitu- tion to regulate electoral coalitions.

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

Article 1. Paragraph 1 of article 17 of the Federal Constitution shall henceforth read as follows:

“Article 17...... Paragraph 1. Political parties are ensured of autonomy to define their internal structure, organization, and operation, and to adopt the selection criteria and the composition of their electoral coalitions, without being required to follow the same party alliances at the national, state, Federal District, or municipal levels, and their by-laws shall establish rules of party loyalty and discipline...... ” Article 2. This ConstitutionalA mendment shall come into force on the date of its publication, and shall apply to the elections to be held in the year 2006.

Brasília, March 8, 2006.

THE DIRECTING BOARD OF THE CHAM- BER OF DEPUTIES: Deputy Aldo Rebelo, President – Deputy José Thomaz Nonô, First Vice President – Deputy Ciro Nogueira, Second Vice President – Deputy Inocêncio Oliveira, First Secretary – Deputy Nilton Capixaba, Second Secretary – Deputy João Caldas, Fourth Secretary.

THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator Renan Calheiros, President – Senator Tião Viana, First Vice President – Senator Antero Paes de Barros, Second Vice President – Senator Efraim Morais, First Secretary – Senator João Alberto Souza, Second Secretary – Senator Paulo Octávio, Third

190 Constitutional Amendments

– CONSTITUTIONAL Sole paragraph. The law shall provide for the classes of workers to be considered basic educa- AMENDMENT No. 53, 2006 – tion professionals, as well as for the deadline for the preparation or adaptation of their career schemes, within the sphere of the Federal Gov- ernment, the States, the Federal District, and the Municipalities.” Gives new wording to articles 7, 23, 30, 206, 208, 211, and 212 of the “Article 208...... Federal Constitution and to article IV – infant education to children of up to 5 (five) 60 of the Temporary Constitutional years of age in day-care centers and pre-schools; Provisions Act...... ” “Article 211...... Paragraph 5. Public basic education shall give priority to regular education.” TheD irecting Boards of the Chamber of Deputies and of the Federal Senate, under the terms of paragraph “Article 212...... 3 of article 60 of the Federal Constitution, enact the Paragraph 5. Public basic education shall have, following Amendment to the constitutional text: as an additional source of financing, the social contribution for education, a payroll tax levied on companies, as provided by law. Article 1. TheF ederal Constitution shall henceforth Paragraph 6. State and municipal quotas of read as follows: the proceeds from the collection of the social contribution for education shall be distributed “Article 7...... in proportion to the number of students enrolled XXV – free assistance for children and dependents in basic education in the respective public school of up to five years of age, in day-care centres and systems.” pre-school facilities; ...... ” Article 2. Article 60 of the Temporary Constitutional “Article 23...... Provisions Act shall henceforth read as follows: Sole paragraph. Supplementary laws shall estab- Article 60. lish rules for the cooperation between the Federal “ In the 14 (fourteen) years follow- Government and the states, the Federal District, ing the promulgation of this Constitutional and the municipalities, aiming at the attainment Amendment, the States, the Federal District, of balanced development and well-being on a and the Municipalities shall allocate a portion nationwide scope.” of the monies referred to in the head paragraph of article 212 of the Federal Constitution, to the “Article 30...... maintenance and development of basic educa- VI – maintain, with the technical and financial tion and to the payment of appropriate salaries cooperation of the Federal Government and the to education workers, with due regard for the state, programs of infant and elementary school following provisions: education; I – the distribution of monies and responsibilities ...... ” among the Federal District, the States, and their Municipalities is assured through the establish- “Article 206...... ment, within each State and the Federal District, V – appreciation of the value of school educa- of a Fund for the Maintenance and Development tion professionals, guaranteeing, in accordance of Basic Education and for the Appreciation with the law, career schemes for public school of Education Professionals – FUNDEB, of a teachers, with admittance exclusively by means financial nature; of public entrance examinations consisting of II – the Funds referred to in item I of the head tests and presentation of academic and profes- paragraph of this article shall be made up of sional credentials; 20% (twenty percent) of the resources referred ...... to in items I, II, and III of article 155; item II VIII – a nationwide professional minimum sal- of the head paragraph of article 157; items II, ary for public school teachers, under the terms III, and IV of the head paragraph of article 158; of a federal law.

191 Constitution of the Federative Republic of Brazil

and subitems a and b of item I, and item II of education, under the terms of the law referred to the head paragraph of article 159, of the Federal in item III of the head paragraph of this article; Constitution, and shall be distributed among VII – the minimum amount of resources supple- each State and its municipalities, in proportion to mented by the Federal Government as set forth the number of students in the various grades and in item V of the head paragraph of this article modalities of on-site basic education, enrolled in shall be equal to: the respective school systems, within the respec- a) R$ 2,000,000,000.00 (two billion reais), in tive scope of priority action as established by the first year the Funds are in force; paragraphs 2 and 3 of article 211 of the Federal b) R$ 3,000,000,000.00 (three billion reais), in Constitution; the second year the Funds are in force; III – with due regard for the guarantees established c) R$ 4,500,000,000.00 (four billion and five in items I, II, III, and IV of the head paragraph hundred million reais), in the third year the Funds of article 208 of the Federal Constitution, as well are in force; as for the basic education universalization goals d) 10% (ten percent) of the total amount of established in the National Education Plan, the resources referred to in item II of the head para- law shall provide for: graph of this article, as from the fourth year the a) the organization of the Funds, the proportional Funds are in force; distribution of their resources, the differences and VIII – the resources earmarked for the mainte- weightings regarding the annual value per student nance and development of education as estab- among the various grades and modalities of basic lished in article 212 of the Federal Constitution education and types of schools; may cover a maximum amount of 30% (thirty b) the form of calculation of the minimum annual percent) of the resources supplemented by the value per student; Federal Government, taking into consideration, c) the maximum percentages for the allocation of for the purposes of this item, the amounts set fund resources to the various grades and modalities forth in item VII of the head paragraph of this of basic education, with due regard for articles article; 208 and 214 of the Federal Constitution, as well IX – the amounts referred to in subitems a, b, as for the National Education Plan goals; and c of item VII of the head paragraph of this d) oversight and control of the Funds; article shall be adjusted every year as from the e) a deadline to stipulate, by means of a specific promulgation of this Constitutional Amendment, law, a nationwide professional minimum salary for so that the real value of the supplementation public school teachers of basic education; provided by the Federal Government is perma- IV – the resources transferred to the Funds es- nently preserved; tablished under the terms of item I of the head X – the supplementation provided by the Federal paragraph of this article shall be applied by the Government shall comply with the provisions of States and Municipalities exclusively within the article 160 of the Federal Constitution; scope of their priority actions, as established by XI – the competent authority shall be held liable paragraphs 2 and 3 of article 211 of the Federal for crime of malversation in case of non-compli- Constitution; ance with the provisions of items V and VII of V – the Federal Government shall supplement the head paragraph of this article; the resources of the Funds referred to in item II XII – a share of not less than 60% (sixty percent) of the head paragraph of this article, whenever in of the resources of each Fund referred to in item I the Federal District and in each State, the value of the head paragraph of this article shall be used per student does not reach the nationally set for the payment of basic education teachers who minimum value, stipulated in accordance with are actually teaching. the provisions of item VII of the head paragraph Paragraph 1. When financing basic education, of this article, and use of the resources referred the Federal Government, the States, the Federal to in paragraph 5 of article 212 of the Federal District, and the Municipalities shall ensure that Constitution is forbidden; the quality of education will be improved, so as to VI – up to 10% (ten percent) of the resources guarantee a nationally set minimum standard. supplemented by the Federal Government as set Paragraph 2. The value per elementary school forth in item V of the head paragraph of this student, within each State Fund and the Federal article may be distributed to the Funds by means District Fund, may not be lower than the value of programs aimed at improving the quality of prescribed by the Fund for the Maintenance and Development of Elementary Education and

192 Constitutional Amendments

for the Appreciation of the Teaching Profession as established by Constitutional Amendment no. – FUNDEF, in the year preceding the coming into 14, September 12, 1996, shall remain in effect until force of this Constitutional Amendment. the Funds come into force, under the terms of this Paragraph 3. The minimum annual value per Constitutional Amendment. elementary school student, within the Fund for the Maintenance and Development of Basic Edu- Brasília, December 19, 2006. cation and for the Appreciation of Education Professionals – FUNDEB, may not be lower than THE DIRECTING BOARD OF THE CHAM- the minimum value stipulated for the entire coun- BER OF DEPUTIES: try in the year preceding the year in which this Deputy Aldo Rebelo, President – Deputy José Constitutional Amendment comes into force. Thomaz Nonô, First Vice President – Deputy Ciro Paragraph 4. For the purposes of distribution Nogueira, Second Vice President – Deputy Inocêncio of the resources of the Funds referred to in item Oliveira, First Secretary – Deputy Nilton Capixaba, I of the head paragraph of this article, the total Second Secretary – Deputy Eduardo Gomes, Third number of students enrolled in elementary educa- Secretary. tion will be taken into account, and, as regards infant education, high school, and the education THE DIRECTING BOARD OF THE FEDERAL of young people and adults, 1/3 (one third) of SENATE: the total number of students enrolled in the first Senator Renan Calheiros, President – Senator Tião year, 2/3 (two thirds) in the second year, and the Viana, First Vice President – Senator Antero Paes total number as from the third year shall be taken de Barros, Second Vice President – Senator Efraim into consideration. Morais, First Secretary – Senator João Alberto Souza, Paragraph 5. The percentage of resources to Second Secretary – Senator Paulo Octávio, Third constitute the Funds, in accordance with item Secretary – Senator Eduardo Siqueira Campos, II of the head paragraph of this article, shall be Fourth Secretary. gradually achieved over the first 3 (three) years the Funds are in force, as follows: Published in the Official Journal, December 20, I – as to the taxes and transfers mentioned in item 2006. II of the head paragraph of article 155; item IV of the head paragraph of article 158; and subitems a and b of item I and item II of the head paragraph of article 159 of the Federal Constitution: a) 16.66% (sixteen and sixty-six hundredths of one percent), in the first year; b) 18.33% (eighteen and thirty-three hundredths of one percent), in the second year; c) 20% (twenty percent), as from the third year; II – as to the taxes and transfers mentioned in items I and III of the head paragraph of article 155; item II of the head paragraph of article 157; and items II and III of the head paragraph of article 158 of the Federal Constitution: a) 6.66% (six and sixty-six hundredths of one percent), in the first year; b) 13.33% (thirteen and thirty-three hundredths of one percent), in the second year; c) 20% (twenty percent), as from the third year. Paragraph 6. (Revoked). Paragraph 7. (Revoked).”

Article 3. This ConstitutionalA mendment shall come into force on the date of its publication, and article 60 of the Temporary Constitutional Provisions Act,

193 Constitution of the Federative Republic of Brazil

– CONSTITUTIONAL Inocêncio Oliveira, Second Vice President – Deputy Osmar Serraglio, First Secretary – Deputy Ciro AMENDMENT No. 54, 2007 – Nogueira, Second Secretary – Deputy Waldemir Moka, Third Secretary – Deputy José Carlos Ma- chado, Fourth Secretary

THE DIRECTING BOARD OF THE FEDERAL Gives new wording to letter c of SENATE: Item I of article 12 of the Federal Senator Renan Calheiros, President – Senator Tião Constitution and adds article 95 to Viana, First Vice President – Senator Alvaro Dias, the Temporary Constitutional Pro- Second Vice President – Senator Efraim Marais, visions Act, to ensure that Brazilians First Secretary – Senator Gerson Camata, Second born abroad may be registered with Secretary – Senator César Borges, Third Secretary Brazilian consulates. – Senator Magno Malta, Fourth Secretary.

Published in the Official Journal, September 21, 2007. TheD irecting Boards of the Chamber of Deputies and of the Federal Senate, under the terms of paragraph 3 of article 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Article 1. Letter c of item I of article 12 of the Federal Constitution shall henceforth read as follows:

“Article 12...... I – ...... c) those born abroad, to a Brazilian father or a Brazilian mother, provided that they are registered with a competent Brazilian authority, or come to reside in the Federative Republic of Brazil, and opt for the Brazilian nationality at any time after reaching majority; ...... ” Article 2. TheT emporary Constitutional Provisions Act shall henceforth include the following article 95:

“Article 95. Persons born abroad between June 7, 1994, and the date of enactment of this Constitutional Amendment, to a Brazilian father or a Brazilian mother, may be registered with a Brazilian diplomatic or consular authority, or with an official registry if they come to reside in the Federative Republic of Brazil.”

Article 3. This ConstitutionalA mendment shall come into force on the date of its publication.

Brasília, September 20, 2007

THE DIRECTING BOARD OF THE CHAM- BER OF DEPUTIES: Deputy Arlindo Chinaglia, President – Deputy Narcio Rodrigues, First Vice President – Deputy

194 Constitutional Amendments

– CONSTITUTIONAL THE DIRECTING BOARD OF THE FEDERAL SENATE: AMENDMENT No. 55, 2007 – Senator Renan Calheiros, President – Senator Tião Viana, First Vice President – Senator Alvaro Dias, Second Vice President – Senator Efraim Morais, First Secretary – Senator Gerson Camata, Second Secretary – Senator César Borges, Third Secretary Alters article 159 of the Federal Con- – Senator Magno Malta, Fourth Secretary. stitution, to increase the amount of funds remitted by the Federal Gov- Published in the Official Journal, September 21, ernment to the Revenue Sharing 2007. Fund of the Municipalities.

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

Article 1. Article 159 of the Federal Constitution shall henceforth read as follows:

“Article 159...... I – of the proceeds from the collection of the tax on income and earnings of any nature and of the tax on industrialized products, forty-eight per cent as follows: ...... d) one per cent to the Revenue Sharing Fund of the Municipalities, to be remitted within the first ten days of the month of December of each year; ...... ”

Article 2. In fiscal year 2007, the alterations intro- duced by this Constitutional Amendment to article 159 of the Federal Constitution shall apply only to the collection of the tax on income and earnings of any nature and of the tax on industrialized products carried out as from September 1, 2007. Article 3. This ConstitutionalA mendment shall come into force on the date of its publication.

Brasília, September 20, 2007.

THE DIRECTING BOARD OF THE CHAM- BER OF DEPUTIES: Deputy Arlindo Chinaglia, President – Deputy Narcio Rodrigues, First Vice President – Deputy Inocêncio Oliveira, Second Vice President – Deputy Osmar Serraglio, First Secretary – Deputy Ciro Nogueira, Second Secretary – Deputy Waldemir Moka, Third Secretary – Deputy José Carlos Ma- chado, Fourth Secretary.

195 Constitution of the Federative Republic of Brazil

– CONSTITUTIONAL – CONSTITUTIONAL AMENDMENT No. 56, 2007 – AMENDMENT No 57, 2008 –

Extends the period of time stipulat- Adds an article to the Temporary ed in the head paragraph of article Constitutional Provisions Act with a 76 of the Temporary Constitutional view to confirming acts aimed at the Provisions Act and makes further establishment, fusion, merger, and provisions. dismemberment of municipalities.

TheD irecting Boards of the Chamber of Deputies and of the Federal Senate, under the terms of paragraph 3 TheD irecting Boards of the Chamber of Deputies and of article 60 of the Federal Constitution, enact the fol- of the Federal Senate, under the terms of Paragraph lowing Amendment to the constitutional text: 3 of Article 60 of the Federal Constitution, enact the following Amendment to the constitutional text: Article 1. The head paragraph of article 76 of the Temporary Constitutional Provisions Act shall hence- Article 1. forth read as follows: TheT emporary Constitutional Provisions Act shall henceforth include the following Article 96: “Article 76. Twenty percent of the proceeds from Article 96. the collection by the Union of taxes, social con- “ Acts aimed at the establishment, tributions, and contributions for intervention in fusion, merger, and dismemberment of munici- the economic domain, already instituted or that palities, whose act of creation was published on or may be instituted by December 31, 2011, as before December 31, 2006, are hereby confirmed, well as their additional taxes and respective legal provided that the requirements set forth in the increases, shall not be earmarked to any agency, legislation of the respective state at the time of fund, or expense in the said period. establishment of said municipalities have been ...... ” fulfilled.” (CA 57/08). Article 2. This ConstitutionalA mendment shall come Article 2. This ConstitutionalA mendment shall come into force on the date of its publication. into force on the date of its publication. Brasília, December 18, 2008. Brasília, December 20, 2007. THE DIRECTING BOARD OF THE CHAM- THE DIRECTING BOARD OF THE CHAM- BER OF DEPUTIES: BER OF DEPUTIES: Deputy Arlindo Chinaglia, President – Deputy Deputy Arlindo Chinaglia, President – Deputy Narcio Rodrigues, First Vice President – Deputy Narcio Rodrigues, First Vice President – Deputy Inocêncio Oliveira, Second Vice President – Deputy Inocêncio Oliveira, Second Vice President – Deputy Osmar Serraglio, First Secretary – Deputy Ciro Osmar Serraglio, First Secretary – Deputy Ciro Nogueira, Second Secretary – Deputy Waldemir Nogueira, Second Secretary – Deputy Waldemir Moka, Third Secretary. Moka, Third Secretary. THE DIRECTING BOARD OF THE FEDERAL THE DIRECTING BOARD OF THE FEDERAL SENATE: SENATE: Senator Garibaldi Alves Filho, President – Senator Senator Garibaldi Alves Filho, President – Senator Alvaro Dias, Second Vice President – Senator Efraim Tião Viana, Second Vice President – Senator Álvaro Morais, First Secretary – Senator Gerson Camata, Dias, First Secretary – Senator Gerson Camata, Second Secretary – Senator César Borges, Third Sec- Second Secretary – Senator César Borges, Third Sec- retary – Senator Magno Malta, Fourth Secretary. retary – Senator Magno Malta, Fourth Secretary. Published in the Official Journal, December 21, Published in the Official Journal, December 21, 2007. 2007.

196 Constitutional Amendments

– REVISION CONSTITUTIONAL 1995 shall be of 30 percent, the other stipulations of Law 7,869 of December 15, 1988 remaining AMENDMENT No. 1, 1994 – unchanged; IV – twenty percent of the proceeds from the col- lection of all taxes and contributions to the Union, except those provided by items I, II and III; V – the part of the proceeds from the collection TheD irecting Board of the National Congress, under of the contribution mentioned in Supplementary the terms of article 60 of the Federal Constitution, Law 7, of September 7, 1970, owed by the juridi- combined with article 3 of the Temporary Consti- cal entities referred to in item III of this article, tutional Provisions Act, promulgates the following which will be calculated, in the fiscal years of Constitutional Amendment: 1994 and 1995, through the employment of a rate of seventy five hundredths of one percent on the gross operating income, as defined in Article 1. Articles 71, 72 and 73, with the following the legislation of income tax and earnings of wording, are hereby added to the Temporary Consti- any nature; tutional Provisions Act: VI – other incomes defined in specific legisla- tion. “Article 71. TheE mergency Social Fund is hereby Paragraph 1. The rates and calculation base de- instituted for the fiscal years of 1994 and 1995, fined in itemsIII and V shall be applied as from aiming at the financial recuperation of theF ederal the first day of the month following the ninetieth Public Finances and the economic stabilization, day after the promulgation of this amendment. the resources of which shall be applied to the Paragraph 2. The parts referred to in items I, actions of the health and education systems, the II, III and V shall be previously deducted of the welfare benefits and welfare assistance of perma- calculation base of any legal or constitutional nent nature, including the payment of welfare designation or participation, and the provisions debts, as well as other programs of great social of articles 158, II, 159, 212 and 239 of the Con- and economic interest. stitution shall not apply to them. Sole paragraph. The provision of the final part of Paragraph 3. The part referred to in item IV item II of paragraph 9 of article 165 of the Con- shall be previously deducted from the calcula- stitution shall not apply, in the 1994 fiscal year, tion base of any constitutional or legal designa- to the the Fund established by this article. tion or participation stipulated by articles 153, Article 72. TheE mergency Social Fund is com- paragraph 5, 157, II, 158, II, 212 and 239 of prised of: the Constitution. I – the proceeds from the collection of the tax on Paragraph 4. The provision of the former para- income and earnings of any nature to be levied graph shall not apply to the resources provided at source on payments of any nature effected by by article 159 of the Constitution. the Union, including its autonomous government Paragraph 5. The part of the resources originating agencies and foundations; from the tax on rural property and from the tax II – the part of the proceeds from the collec- on income and earnings of any nature, designated tion of the tax on rural property, of the tax on for the Emergency Social Fund, as provided by income and earnings of any nature, and of the item II of this article, shall not exceed: tax on credit, foreign exchange and insurance I – in the case of the tax on rural property, eighty transactions, or transactions relating to bonds and six and two-tenths of one percent of the total securities, resulting from the changes generated by proceeds from its collection; Provisional Measure 419 and from Laws 8,847, II – in the case of the tax on income and earnings 8,849 and 8,848, all dated January 28, 1994, of any nature, five and six-tenths of one percent the period in force of the latter being extended of the total proceeds from its collection. to December 31, 1995; Article 73. In the regulation of the Emergency III – the part of the proceeds from the collection Social Fund, the instrument provided by item due to the increase of the rate of welfare contri- V of article 59 of the Constitution may not be bution on the profit of taxpayers mentioned in applied.” paragraph 1 of article 22 of Law 8,212 of July 24, 1991, which, in the fiscal years of 1994 and Article 2. Paragraph 4 of article 2 of the Constitutional Amendment no. 3 of 1993 is hereby revoked.

197 Constitution of the Federative Republic of Brazil

Article 3. This amendment shall come into force on – REVISION CONSTITUTIONAL the date of its publication. AMENDMENT No. 2, 1994 – Brasília, March 1, 1994.

THE DIRECTING BOARD OF THE NATIONAL CONGRESS: TheD irecting Board of the National Congress, under Humberto Lucena, President – Adylson Motta, First the provisions of article 60 of the Federal Constitution, Vice President – Levy Dias, Second Vice President combined with article 3 of the Temporary Consti- – Wilson Campos, First Secretary – Nabor Júnior, tutional Provisions Act, promulgates the following Second Secretary – Aécio Neves, Third Secretary Constitutional Amendment: – Nelson Wedekin, Fourth Secretary. Article 1. The expression “or any chief officers of Published in the Official Journal, March 2, 1994. agencies directly subordinate to the Presidency of the Republic” is added to the text of article 50 of the Constitution, which shall henceforth be in force with the following wording: “Article 50. The Chamber of Deputies and the Federal Senate, or any of their committees, may summon a Minister of State or any chief officers of agencies directly subordinate to the Presidency of the Republic to personally render information on a previoulsy determined matter, and this absence without adequate justification shall constitute a crime of malversation.”

Article 2. The expression “or any of the persons mentioned in the caption of this article” is added to paragraph 2 of article 50, which shall henceforth be in force with the following wording:

“Article 50...... Paragraph 2. TheD irecting Boards of the Cham- ber of Deputies and of the Federal Senate may forward to the Ministers of State, or any of the persons mentioned in the head paragraph of this article, written requests for information, and re- fusal or non-compliance, within a period of thirty days, as well as the rendering of false information, shall constitute a crime of malversation.”

Article 3. This ConstitutionalA mendment shall come into force on the date of its publication.

Brasília, June 7, 1994.

THE DIRECTING BOARD OF THE NATIONAL CONGRESS: Humberto Lucena, President – Adylson Motta, First Vice President – Levy Dias, Second Vice President – Wilson Campos, First Secretary – Nabor Junior, Second Secretary – Aécio Neves, Third Secretary – Nelson Wedekin, Fourth Secretary.

Published in the Official Journal, June 9, 1994.

198 Constitutional Amendments

– REVISION CONSTITUTIONAL THE DIRECTING BOARD OF THE NATIONAL CONGRESS: AMENDMENT No. 3, 1994 – Humberto Lucena, President – Adylson Motta, First Vice President – Levy Dias, Second Vice President – Wilson Campos, First Secretary – Nabor Junior, Second Secretary – Aécio Neves, Third Secretary – Nelson Wedekin, Fourth Secretary. TheD irecting Board of the National Congress, under the terms of article 60 of the Federal Constitution, Published in the Official Journal, June 9,1994. combined with article 3 of the Temporary Consti- tutional Provisions Act, promulgates the following Constitutional Amendment: Article 1. Subitem c of item I, subitem b of item II, paragraph 1 and item II of paragraph 4 of article 12 of the Federal Constitution shall henceforth be in force with the following wording:

“Article 12...... I – ...... a) ...... b) ...... c) Those born abroad, of a Brazilian father or a Brazilian mother, provided that they come to reside in the Federative Republic of Brazil and opt for the Brazilian nationality at any time; II – ...... a) ...... b) foreigners of any nationality, resident in the Federative Republic of Brazil for over fifteen uninterrupted years and without criminal convic- tion, provided that they apply for the Brazilian nationality. Paragraph 1. The rights inherent to Brazilians shall be attributed to Portuguese citizens with per- manent residence in Brazil, if there is reciprocity in favour of Brazilians, except in the cases stated in the Constitution. Paragraph 2...... Paragraph 3...... Paragraph 4...... I – ...... II – acquires another nationality, save in the cases: a) of recognition of the original nationality by the foreign law; b) of imposition of naturalization, under the foreign rules, to the Brazilian resident in a foreign State, as a condition for permanence in its terri- tory, or for the exercise of civil rights.”

Article 2. This ConstitutionalA mendment shall come into force on the date of its publication.

Brasília, June 7, 1994.

199 Constitution of the Federative Republic of Brazil

– REVISION CONSTITUTIONAL – REVISION CONSTITUTIONAL AMENDMENT No. 4, 1994 – AMENDMENT No. 5, 1994 –

TheD irecting Board of the National Congress, under TheD irecting Board of the National Congress, under the terms of article 60 of the Federal Constitution, the terms of article 60 of the Federal Constitution, combined with article 3 of the Temporary Consti- combined with article 3 of the Temporary Consti- tutional Provisions Act, promulgates the following tutional Provisions Act, promulgates the following Constitutional Amendment: Constitutional Amendment:

Article 1. The expressions: “administrative probity, Article 1. In article 82, the expression “five years” is morality for the exercise of the office, the previous life replaced by “four years”. of the candidate being considered, and”, are added to Article 2. paragraph 9 of article 14 of the Constitution, after the This ConstitutionalA mendment shall come expression “in order to protect”, the provision being into force on January 1, 1995. henceforth in force with the following wording: Brasília, June 7, 1994. “Article 14...... Paragraph 9. In order to protect the administra- THE DIRECTING BOARD OF THE NATIONAL tive probity, morality for the exercise of the office, CONGRESS: the previous life of the candidate being considered, Humberto Lucena, President – Adylson Motta, First and the normality and legitimacy of the elections Vice President – Levy Dias, Second Vice President against the influence of the economic power or – Wilson Campos, First Secretary – Nabor Junior, of the abuse in the holding of office, position or Second Secretary – Aécio Neves, Third Secretary job in the direct or indirect public administra- – Nelson Wedekin, Fourth Secretary. tion, a supplementary law shall establish other cases of ineligibility and the periods for such Published in the Official Journal, June 9, 1994. ineligibilities to cease...... ”

Article 2. This ConstitutionalA mendment shall come into force on the date of its publication.

Brasília, June 7, 1994.

THE DIRECTING BOARD OF THE NATIONAL CONGRESS: Humberto Lucena, President – Adylson Motta, First Vice President – Levy Dias, Second Vice President – Wilson Campos, First Secretary – Nabor Junior, Second Secretary – Aécio Neves, Third Secretary – Nelson Wedekin, Fourth Secretary.

Published in the Official Journal, June 9, 1994.

200 Constitutional Amendments

– REVISION CONSTITUTIONAL AMENDMENT No. 6, 1994 –

TheD irecting Board of the National Congress, under the terms of article 60 of the Federal Constitution, combined with article 3 of the Temporary Consti- tutional Provisions Act, promulgates the following Constitutional Amendment:

Article 1. Paragraph 4 is added to article 55, with the following wording:

“Article 55...... Paragraph 4. The resignation of a Congressman submitted to a legal suit that aims at or may lead to loss of mandate, under the provisions of this article, will have its effects suspended until the final deliberations mentioned in paragraphs 2 and 3.”

Article 2. This ConstitutionalA mendment shall come into force on the date of its publication.

Brasília, June 7, 1994.

THE DIRECTING BOARD OF THE NATIONAL CONGRESS: Humberto Lucena, President – Adylson Motta, First Vice President – Levy Dias, Second Vice President – Wilson Campos, First Secretary – Nabor Junior, Second Secretary – Aécio Neves, Third Secretary – Nelson Wedekin, Fourth Secretary.

Published in the Official Journal, June 9,1994.

201 2 nd Edition 2009

Constitutional text of October 5, 1988, with the alterations introduced by Constitutional Amendments No. 1/92 through 57/08 and by Revision Constitutional Amendments No. 1/94 through 6/94. Chamber of Deputies tutional Amendments No. 1/94 through 6/94. through by No. 1/94 Amendments introduced tutional alterations Consti Revision by the and 57/08 with through No. 1/92 Amendments 1988, 5,Constitutional October of text Constitutional

ISBNISBN978-85-736-5596-4857365596-8 -

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