Brasão

Senado Federal

Secretaria-Geral da Mesa

Secretaria de Informação Legislativa



CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL

PREAMBLE

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

 

TITLE I

Fundamental Principles

Article 1. The Federative Republic of Brazil, formed by the indissoluble union of the states and municipalities and of the Federal District, is a legal democratic state and is founded on:

I –  sovereignty;

II –  citizenship;

III –  the dignity of the human person;

IV –  the social values of labour and of the free enterprise;

V –  political pluralism.

Sole paragraph. All power emanates from the people, who exercise it by means of elected representatives or directly, as provided by this Constitution.

Article 2. The Legislative, the Executive and the Judicial, independent and harmonious among themselves, are the powers of the Union.

Article 3. The fundamental objectives of the Federative Republic of Brazil are:

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

II –  to guarantee national development;

III –  to eradicate poverty and substandard living conditions and to reduce social and regional inequalities;

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

Article 4. The international relations of the Federative Republic of Brazil are governed by the following principles:

I –  national independence;

II –  prevalence of human rights;

III –  self-determination of the peoples;

IV –  non-intervention;

V –  equality among the states;

VI –  defense of peace;

VII –  peaceful settlement of conflicts;

VIII –  repudiation of terrorism and racism;

IX –  cooperation among peoples for the progress of mankind;

X –  granting of political asylum.

Sole paragraph. The Federative Republic of Brazil shall seek the economic, political, social and cultural integration of the peoples of Latin America, viewing the formation of a Latin-American community of nations.

TITLE II

Fundamental Rights and Guarantees

CHAPTER I

Individual and Collective Rights and Duties

Article 5. All persons are equal before the law, without any distinction whatsoever, Brazilians and foreigners residing in the country being ensured of inviolability of the right to life, to liberty, to equality, to security and to property, on the following terms:

I –  men and women have equal rights and duties under the terms of this Constitution;

II –  no one shall be obliged to do or refrain from doing something except by virtue of law;

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

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

V –  the right of reply is ensured, in proportion to the offense, as well as compensation for property or moral damages or for damages to the image;

VI –  freedom of conscience and of belief is inviolable, the free exercise of religious cults being ensured and, under the terms of the law, the protection of places of worship and their rites being guaranteed;

VII –  under the terms of the law, the rendering of religious assistance in civil and military establishments of collective confinement is ensured;

VIII –  no one shall be deprived of any rights by reason of religious belief or philosophical or political conviction, unless he invokes it to exempt himself from a legal obligation required of all and refuses to perform an alternative obligation established by law;

IX –  the expression of intellectual, artistic, scientific, and communications activities is free, independently of censorship or license;

X –  the privacy, private life, honour and image of persons are inviolable, and the right to compensation for property or moral damages resulting from their violation is ensured;

XI –  the home is the inviolable refuge of the individual, and no one may enter therein without the consent of the dweller, except in the event of flagrante delicto or disaster, or to give help, or, during the day, by court order;

XII –  the secrecy of correspondence and of telegraphic, data and telephone communications is inviolable, except, in the latter case, by court order, in the cases and in the manner prescribed by law for the purposes of criminal investigation or criminal procedural finding of facts;

XIII –  the practice of any work, trade or profession is free, observing the professional qualifications which the law shall establish;

XIV –  access to information is ensured to everyone and the confidentiality of the source shall be safeguarded, whenever necessary to the professional activity;

XV –  locomotion within the national territory is free in time of peace, and any person may, under the terms of the law, enter it, remain therein or leave it with his assets;

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

XVII –  freedom of association for lawful purposes is fully guaranteed, any paramilitary association being forbidden;

XVIII –  the creation of associations and, under the terms of the law, that of cooperatives is not subject to authorization, and State interference in their operation is forbidden;

XIX –  associations may only be compulsorily dissolved or have their activities suspended by a judicial decision, and a final and unappealable decision is required in the first case;

XX –  no one shall be compelled to become associated or to remain associated;

XXI –  when expressly authorized, associations shall have the legitimacy to represent their members either judicially or extrajudicially;

XXII –  the right of property is guaranteed;

XXIII –  property shall observe its social function;

XXIV –  the law shall establish the procedure for expropriation for public necessity or use, or for social interest, with fair and previous pecuniary compensation, except for the cases provided in this Constitution;

XXV –  in case of imminent public danger, the competent authority may make use of private property, provided that, in case of damage, subsequent compensation is ensured to the owner;

XXVI –  the small rural property, as defined by law, provided that it is exploited by the family, shall not be subject to attachment for the payment of debts incurred by reason of its productive activities, and the law shall establish the means to finance its development;

XXVII –  the exclusive right of use, publication or reproduction of works rests upon their authors and is transmissible to their heirs for the time the law shall establish;

XXVIII –  under the terms of the law, the following are ensured:

a)  protection of individual participation in collective works and of reproduction of the human image and voice, sports activities included;

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

XXIX –  the law shall ensure the authors of industrial inventions of a temporary privilege for their use, as well as protection of industrial creations, property of trademarks, names of companies and other distinctive signs, viewing the social interest and the technological and economic development of the country;

XXX –  the right to inheritance is guaranteed;

XXXI –  succession to the estate of foreigners which is located in Brazil shall be regulated by the Brazilian law in favour of the Brazilian spouse or children, whenever the personal law of the deceased is not more favourable to them;

XXXII –  the State shall provide, as set forth by law, for the defense of consumers;

XXXIII –  all persons have the right to receive, from the public agencies, information of private interest to such persons, or of collective or general interest, which shall be provided within the period established by law, subject to liability, except for the information whose secrecy is essential to the security of society and of the State;

XXXIV –  the following are ensured to everyone, without any payment of fees:

a)  the right to petition the Government in defense of rights or against illegal acts or abuse of power;

b)  the obtaining of certificates from government offices, for the defense of rights and clarification of situations of personal interest;

XXXV –  the law shall not exclude any injury or threat to a right from the consideration of the Judicial Power;

XXXVI –  the law shall not injure the vested right, the perfect juridical act and the res judicata;

XXXVII –  there shall be no exceptional tribunal or court;

XXXVIII –  the institution of the jury is recognized, according to the organization which the law shall establish, and the following are ensured:

a)  full defense;

b)  secrecy of voting;

c)  sovereignty of verdicts;

d)  power to judge willful crimes against life;

XXXIX –  there is no crime without a previous law to define it, nor a punishment without a previous legal commination;

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

XLI –  the law shall punish any discrimination which may attempt against fundamental rights and liberties;

XLII –  the practice of racism is a non-bailable crime, with no limitation, subject to the penalty of confinement, under the terms of the law;

XLIII –  the practice of torture, the illicit traffic of narcotics and related drugs, as well as terrorism, and crimes defined as heinous crimes shall be considered by law as non-bailable and not subject to grace or amnesty, and their principals, agents, and those who omit themselves while being able to avoid such crimes shall be held liable;

XLIV –  the action of armed groups, either civil or military, against the constitutional order and the democratic state is a non-bailable crime, with no limitation;

XLV –  no punishment shall go beyond the person of the convict, and the obligation to compensate for the damage, as well as the decreeing of loss of assets may, under the terms of the law, be extended to the successors and executed against them, up to the limit of the value of the assets transferred;

XLVI –  the law shall regulate the individualization of punishment and shall adopt the following, among others:

a)  deprivation or restriction of freedom;

b)  loss of assets;

c)  fine;

d)  alternative rendering of social service;

e)  suspension or deprivation of rights;

XLVII –  there shall be no punishment:

a)  of death, save in case of declared war, under the terms of article 84, XIX;

b)  of life imprisonment;

c)  of hard labour;

d)  of banishment;

e)  which is cruel;

XLVIII –  the sentence shall be served in separate establishments, according to the nature of the offense, the age and the sex of the convict;

XLIX –  prisoners are ensured of respect to their physical and moral integrity;

L –  female prisoners shall be ensured of adequate conditions to stay with their children during the nursing period;

LI –  no Brazilian shall be extradited, except the naturalized ones in the case of a common crime committed before naturalization, or in the case there is sufficient evidence of participation in the illicit traffic of narcotics and related drugs, under the terms of the law;

LII –  extradiction of a foreigner on the basis of political or ideological crime shall not be granted;

LIII –  no one shall undergo legal proceeding or sentencing save by the competent authority;

LIV –  no one shall be deprived of freedom or of his assets without the due process of law;

LV –  litigants, in judicial or administrative processes, as well as defendants in general are ensured of the adversary system and of full defense, with the means and resources inherent to it;

LVI –  evidence obtained through illicit means are unacceptable in the process;

LVII –  no one shall be considered guilty before the issuing of a final and unappealable penal sentence;

LVIII –  no one who has undergone civil identification shall be submitted to criminal identification, save in the cases provided by law;

LIX –  private prosecution in the cases of crimes subject to public prosecution shall be admitted, whenever the latter is not filed within the period established by law;

LX –  the law may only restrict the publicity of procedural acts when the defense of privacy or the social interest require it;

LXI –  no one shall be arrested unless in flagrante delicto or by a written and justified order of a competent judicial authority, save in the cases of military transgression or specific military crime, as defined in law;

LXII –  the arrest of any person as well as the place where he is being held shall be immediately informed to the competent judge and to the family of the person arrested or to the person indicated by him;

LXIII –  the arrested person shall be informed of his rights, among which the right to remain silent, and he shall be ensured of assistance by his family and a lawyer;

LXIV –  the arrested person is entitled to identification of those responsible for his arrest or for his police questioning;

LXV –  illegal arrest shall be immediately remitted by the judicial authority;

LXVI –  no one shall be taken to prison or held therein, when the law admits release on own recognizance, subject or not to bail;

LXVII –  there shall be no civil imprisonment for indebtedness except in the case of a person responsible for voluntary and inexcusable default of alimony obligation and in the case of an unfaithful trustee;

LXVIII –  habeas corpus shall be granted whenever a person suffers or is in danger of suffering violence or coercion against his freedom of locomotion, on account of illegal actions or abuse of power;

LXIX –  a writ of mandamus shall be issued to protect a clear and perfect right, not covered by habeas corpus or habeas data, whenever the party responsible for the illegal actions or abuse of power is a public official or an agent of a corporate legal entity exercising duties of the Government;

LXX –  a collective writ of mandamus may be filed by:

a)  a political party represented in the National Congress;

b)  a union, a professional association or an association legally constituted and in operation for at least one year, to defend the interests of its members or associates;

LXXI –  a writ of injunction shall be granted whenever the absence of a regulatory provision disables the exercise of constitutional rights and liberties, as well as the prerogatives inherent to nationality, sovereignty and citizenship;

LXXII –  habeas data shall be granted:

a)  to ensure the knowledge of information related to the person of the petitioner, contained in records or data banks of government agencies or of agencies of a public character;

b)  for the correction of data, when the petitioner does not prefer to do so through a confidential process, either judicial or administrative;

LXXIII –  any citizen is a legitimate party to file a peoples legal action with a view to nullifying an act injurious to the public property or to the property of an entity in which the State participates, to the administrative morality, to the environment, and to the historic and cultural heritage, and the author shall, save in the case of proven bad faith, be exempt from judicial costs and from the burden of defeat;

LXXIV –  the State shall provide full and free-of-charge legal assistance to all who prove insufficiency of funds;

LXXV –  the State shall compensate a convict for judicial error, as well as a person who remains imprisoned for a period longer than the one established by the sentence;

LXXVI –  for all who are acknowledgedly poor, the following is free of charge, under the terms of the law:

a)  civil birth certificate;

b)  death certificate;

LXXVII –  habeas corpus and habeas data proceedings and, under the terms of the law, the acts necessary to the exercise of citizenship are free of charge;

LXXVIII –  a reasonable length of proceedings and the means to guarantee their expeditious consideration are ensured to everyone, both in the judicial and administrative spheres.

Paragraph 1. The provisions defining fundamental rights and guarantees are immediately applicable.

Paragraph 2. The rights and guarantees expressed in this Constitution do not exclude others deriving from the regime and from the principles adopted by it, or from the international treaties in which the Federative Republic of Brazil is a party.

Paragraph 3. International human rights treaties and conventions which are approved in each House of the National Congress, in two rounds of voting, by three fifths of the votes of the respective members shall be equivalent to constitutional amendments.

Paragraph 4. Brazil accepts the jurisdiction of an International Criminal Court to whose creation it has expressed its adhesion.

CHAPTER II

Social Rights

Article 6. Education, health, food, work, housing, transportation, leisure, security, social welfare, protection of motherhood and childhood, and assistance to the destitute, are social rights, as set forth by this Constitution.

Article 7. The following are rights of urban and rural workers, among others that aim to improve their social conditions:

I –  employment protected against arbitrary dismissal or against dismissal without just cause, in accordance with a supplementary law which shall establish severance-pay, among other rights;

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

III –  severance-pay fund;

IV –  nationally unified minimum monthly wage, established by law, capable of satisfying their basic living needs and those of their families with housing, food, education, health, leisure, clothing, hygiene, transportation, and social security, with periodical adjustments to maintain its purchasing power, it being forbidden to use it as an index for any purpose;

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

VI –  irreducibility of the wages, except when established in collective agreement or covenant;

VII –  guarantee of wages never below the minimum one, for those receiving variable pay;

VIII –  year-end one-salary bonus based on the full pay or on the amount of the pension;

IX –  payrate for night-shift work higher than that for daytime work;

X –  wage protection, as provided by law, with felonious withholding of wages being a crime;

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

XII –  family allowance paid to each dependent of low-income workers, under the terms of the law;

XIII –  normal working hours not exceeding eight hours per day and forty-four hours per week, with the option of compensating working hours and reducing the length of the workday through an agreement or a collective bargaining covenant;

XIV –  a workday of six hours for work carried out in continuous shifts, unless otherwise established by collective bargaining;

XV –  paid weekly leave, preferably on Sundays;

XVI –  rate of pay for overtime at least fifty per cent higher than that of normal work;

XVII –  annual vacation with remuneration at least one third higher than the normal salary;

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

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

XX –  protection of the labour market for women through specific incentives, as provided by law;

XXI –  advance notice of dismissal in proportion to the length of service, of at least thirty days, as provided by law;

XXII –  reduction of employment related risks by means of health, hygiene and safety rules;

XXIII –  additional remuneration for strenuous, unhealthy or dangerous work, as established by law;

XXIV –  retirement pension;

XXV –  free assistance for children and dependents of up to five years of age, in day-care centres and pre-school facilities;

XXVI –  recognition of collective bargaining agreements and covenants;

XXVII –  protection on account of automation, as established by law;

XXVIII –  occupational accident insurance, to be paid for by the employer, without excluding the employers liability for indemnity in the event of malice or fault;

XXIX –  legal action, with respect to credits arising from employment relationships, with a limitation of five years for urban and rural workers, up to the limit of two years after the end of the employment contract;

a)  (revoked);

b)  (revoked);

XXX –  prohibition of any difference in wages, in the performance of duties and in hiring criteria by reason of sex, age, colour or marital status;

XXXI –  prohibition of any discrimination with respect to wages and hiring criteria of handicapped workers;

XXXII –  prohibition of any distinction between manual, technical, and intellectual work or among the respective professionals;

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

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

Sole paragraph. The category of domestic workers is ensured of the rights set forth in items IV, VI, VII, VIII, X, XIII, XV, XVI, XVII, XVIII, XIX, XXI, XXII, XXIV, XXVI, XXX, XXXI, and XXXIII, and, observing the conditions established by law and with due regard for simplified compliance with both primary and ancillary tax obligations arising from labour relations and from their peculiarities, also of those rights set forth in items I, II, III, IX, XII, XXV, and XXVIII, as well as of integration in the Social Security system.

Article 8. Professional or union association is free, with regard for the following:

I –  the law may not require authorization of the State for a union to be founded, except for authorization for registration with the competent agency, it being forbidden to the Government the interference and the intervention in the union;

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

III –  it falls to the union to defend the collective or individual rights and interests of the category, including legal or administrative disputes;

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

V –  no one shall be required to join or to remain a member of a union;

VI –  the collective labour bargainings must be held with the participation of unions;

VII –  retired members shall be entitled to vote and be voted on in unions;

VIII –  the dismissal of a unionised employee is forbidden from the moment of the registration of his candidacy to a position of union direction or representation and, if elected, even if as a substitute, up to one year after the end of his term in office, unless he commits a serious fault as established by law.

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

Article 9. The right to strike is guaranteed, it being the competence of the workers to decide on the advisability of exercising it and on the interests to be defended thereby.

Paragraph 1. The law shall define the essential services or activities and shall provide with respect to the satisfaction of the community’s undelayable needs.

Paragraph 2. The abuses committed shall subject those responsible to the penalties of the law.

Article 10. The participation of workers and employers is ensured in the collegiate bodies of government agencies in which their professional or social security interests are subject of discussion and resolution.

Article 11. It is ensured, in companies with more than 200 employees, the election of a representative of the employees for the exclusive purpose of furthering direct negotiations with the employers.

CHAPTER III

Nationality

Article 12. The following are Brazilians:

I –  by birth:

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

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

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 Re- public of Brazil, and opt for the Brazilian nationality at any time after reaching majority;

II –  naturalized:

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

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

Paragraph 1. The rights inherent to Brazilians shall be attributed to Portuguese citizens with permanent residence in Brazil, if there is reciprocity in favour of Brazilians, except in the cases stated in this Constitution.

Paragraph 2. The law may not establish any distinction between born and naturalized Brazilians, except in the cases stated in this Constitution.

Paragraph 3. The following offices are exclusive for born Brazilians:

I –  those of President and Vice-President of the Republic;

II –  that of President of the Chamber of Deputies;

III –  that of President of the Federal Senate;

IV –  that of Justice of the Supreme Federal Court;

V –  those of the diplomatic career;

VI –  that of officer of the Armed Forces;

VII –  that of Minister of Defense.

Paragraph 4. Loss of nationality shall be declared for a Brazilian who:

I –  has his naturalization cancelled by court decision on account of an activity harmful to the national interests;

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 territory, or for the exercise of civil rights.

Article 13. Portuguese is the official language of the Federative Republic of Brazil.

Paragraph 1. The national flag, anthem, coat of arms and seal are the symbols of the Federative Republic of Brazil.

Paragraph 2. The states, the Federal District and the municipalities may have symbols of their own.

CHAPTER IV

Political Rights

Article 14. The sovereignty of the people shall be exercised by universal suffrage and by the direct and secret voting, with equal value for all, and, according to the law, by means of:

I –  plebiscite;

II –  referendum;

III –  peoples initiative.

Paragraph 1. Electoral enrollment and voting are:

I –  mandatory for persons over eighteen years of age;

II –  optional for:

a)  the illiterate;

b)  those over seventy years of age;

c)  those over sixteen and under eighteen years of age.

Paragraph 2. Foreigners cannot register as voters and neither can conscripts during their period of compulsory military service;

Paragraph 3. The conditions for eligibility, according to the law, are:

I –  the Brazilian nationality;

II –  the full exercise of the political rights;

III –  the electoral enrollment;

IV –  the electoral domicile in the electoral district;

V –  the membership in a political party;

VI –  the minimum age of:

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

b)  thirty years for Governor and Vice-Governor of a state and of the Federal District;

c)  twenty-one years for Federal Deputy, State or District Deputy, Mayor, Vice-Mayor, and justice of the peace;

d)  eighteen years for City Councilman.

Paragraph 4. The illiterate and those that cannot be registered as voters are not eligible.

Paragraph 5. The President of the Republic, the State and Federal District Governors, the Mayors and those who have succeeded or replaced them during their terms of office may be reelected for only one subsequent term.

Paragraph 6. In order to run for other offices, the President of the Republic, the State and Federal District Governors and the Mayors have to resign from their respective offices at least six months in advance of the election.

Paragraph 7. The spouse and relatives by blood or marriage, up to the second degree or by adoption, of the President of the Republic, of the Governor of a State or Territory or of the Federal District, of a Mayor or of those who have replaced them within the six months preceding the election, are not eligible in the jurisdiction of the incumbent, unless they already hold an elective office and are candidates for re-election.

Paragraph 8. A member of the Armed Forces that can be registered as voter is eligible if the following conditions are met:

I –  if he has less than ten years of service, he shall have to take leave from military activities;

II –  if he has more than ten years of service, he shall be discharged of military duties by his superiors and, if elected, he shall automatically pass into retirement upon the issuing of the official certificate of electoral victory.

Paragraph 9. In order to protect the administrative probity, the morality for the exercise of the office, the previous life of the candidate being considered, and the normality and legitimacy of the elections against the influence of the economic power or of the abuse in the holding of office, position or job in the direct or indirect public administration, a supplementary law shall establish other cases of ineligibility and the periods for such ineligibilities to cease.

Paragraph 10. The exercise of an elective mandate may be impugned before the Electoral Courts within a period of fifteen days after the date of the issuing of the official certificate of electoral victory, substantiating the suit with evidence of abuse of economic power, corruption or fraud.

Paragraph 11. The procedure of the suit impugning the office shall be secret, and the plaintiff shall be liable under the law if the suit is reckless or involves manifest bad faith.

Article 15. Disfranchisement of political rights is forbidden, the loss or suspension of which rights shall apply only in the event of:

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

II –  absolute civil incapacity;

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

IV –  refusal to comply with an obligation imposed upon everyone or to render an alter- native service, according to article 5, VIII;

V –  administrative dishonesty, according to article 37, paragraph 4.

Article 16. The law that alters the electoral procedure shall come into force on the date of its publication, and shall not apply to the elections that take place within one year of it being in force.

CHAPTER V

Political Parties

Article 17. The creation, amalgamation, merger and extinction of political parties is free, with due regard for national sovereignty, the democratic regime, the plurality of political parties, the fundamental rights of the individual, and observing the following precepts:

I –  national character;

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

III –  rendering of accounts to the Electoral Courts;

IV –  operation in the National Congress in accordance with the law.

Paragraph 1. Political parties are assured autonomy to define their internal structure; to establish rules on the choice, composition and duration of their permanent and provisional bodies, as well as on their organization and operation; and to adopt the selection criteria as well as the regime of their coalitions in majority elections. Coalitions are forbidden in proportional elections and there is no obligation to follow the same party alliances at the national, state, Federal District or municipal levels. The by-laws of the parties shall establish rules of discipline and party loyalty.

Paragraph 2. After acquiring corporate legal status under civil law, political parties shall register their by-laws at the Superior Electoral Court.

Paragraph 3. Access to the party fund as well as to free advertisement on the radio and television, pursuant to the law, will be available only to political parties that have alternatively:

I –  obtained, in the elections for the Chamber of Deputies, at least 3% (three percent) of the valid votes, distributed in at least one third of the units of the Federation, with a minimum of 2% (two percent) of the valid votes in each of them; or

II –  elected at least fifteen Federal Deputies distributed in at least one third of the units of the Federation.

Paragraph 4. Political parties are forbidden to use paramilitary organizations.

Paragraph 5. The candidate elected by a party that does not fulfill the requirements set forth in paragraph 3 of this article is allowed to join, without loss of the seat, another party that has fulfilled them. This affiliation is not considered for distribution of the party fund or for free access to radio and television time.

TITLE III

The Organization of the State

CHAPTER I

The Political and Administrative Organization

Article 18. The political and administrative organization of the Federative Republic of Brazil comprises the Union, the states, the Federal District and the municipalities, all of them autonomous, as this Constitution provides.

Paragraph 1. Brasília is the federal capital.

Paragraph 2. The federal territories are part of the Union and their establishment, transformation into states or reintegration into the state of origin shall be regulated by a supplementary law.

Paragraph 3. The states may merge into each other, subdivide or dismember to be annexed to others or to form new states or federal territories, subject to the approval of the population directly concerned, by means of a plebiscite, and of the National Congress, by means of a supplementary law.

Paragraph 4. The establishment, merger, fusion and dismemberment of municipalities shall be effected through state law, within the period set forth by supplementary federal law, and shall depend on prior consultation, by means of a plebiscite, of the population of the municipalities concerned, after the publication of Municipal Feasibility Studies, presented and published as set forth by law.

Article 19. The Union, the states, the Federal District and the municipalities are forbidden to:

I –  establish religious sects or churches, subsidize them, hinder their activities, or maintain relationships of dependence or alliance with them or their representatives, without prejudice to collaboration in the public interest in the manner set forth by law;

II –  refuse to honour public documents;

III –  create distinctions between Brazilians or preferences favouring some.

CHAPTER II

The Union

Article 20. The following are property of the Union:

I –  the property which presently belongs to it as well as that which may be attributed to it;

II –  the unoccupied lands essential to the defense of the boundaries, the fortifications and military constructions, the federal routes of communication and the preservation of the environment, as defined by law;

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 extend into foreign territory or proceed therefrom, as well as bank lands and river beaches;

IV –  the river and lake islands in zones bordering with other countries; sea beaches; ocean and off-shore islands, excluding those which are the seat of Municipalities, with the exception of areas assigned to public services and to federal environmental units, and those referred to in article 26, II;

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

VI –  the territorial sea;

VII –  tide lands and those added to them;

VIII –  the hydraulic energy potentials;

IX –  the mineral resources, including those of the subsoil;

X –  the natural underground cavities and the archaeological and pre-historic sites;

XI –  those lands traditionally occupied by the Indians.

Paragraph 1. Under the terms of the law, the Union, the States, the Federal District and the Municipalities are guaranteed participation in the result of the exploitation of oil or natural gas, water resources for the purposes of generating electricity and other mineral resources in the respective territory, continental shelf, territorial sea or exclusive economic zone, or financial compensation for this exploration.

Paragraph 2. The strip of land up to a hundred and fifty kilometers in width alongside the terrestrial boundaries, designated as boundary zone, is considered essential to the defense of the national territory and its occupation and utilization shall be regulated by law.

Article 21. The Union shall have the power to:

I –  maintain relations with foreign states and participate in international organizations;

II –  declare war and make peace;

III –  ensure national defense;

IV –  allow foreign forces, in the cases provided for in a supplementary law, to pass through the national territory or to remain therein temporarily;

V –  declare a state of siege, a state of defense and federal intervention;

VI –  authorize and control the production and trade of military matériel;

VII –  issue currency;

VIII –  manage the foreign exchange reserves of the country and control financial operations, especially those of credit, exchange and capitalization, as well as insurance and private security;

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

X –  maintain the postal service and the national air mail;

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

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

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

b)  the electric power services and facilities and the energetic exploitation of watercourses, jointly with the states wherein those hydroenergetic potentials are located;

c)  air and aerospace navigation and airport infrastructure;

d)  railway and waterway services between seaports and national borders or which cross the boundary of a state or territory;

e)  interstate and international highway passenger transportation services;

f)  sea, river and lake ports;

XIII –  organize and maintain the Judicial Power, the Public Prosecution of the Federal District and of the territories, and the Public Legal Defense of the territories;

XIV –  organize and maintain the civil police, the criminal police, the military police and the military fire brigade of the Federal District, as well as provide financial assistance to the Federal District for the execution of public services, through its own fund;

XV –  organize and maintain the official services of statistics, geography, geology and cartography of national scope;

XVI –  classify, for indicative purposes, public entertainment and radio and television programs;

XVII –  grant amnesty;

XVIII –  plan and promote permanent defense against public disasters, especially droughts and floods;

XIX –  establish a national system for the management of hydric resources and define criteria for the concession of the right to their use;

XX –  establish directives for urban development, including housing, basic sanitation and urban transportation;

XXI –  establish principles and directives for the national transportation system;

XXII –  perform the services of maritime, airport, and border police;

XXIII –  operate nuclear energy services and facilities of any nature and exercise state monopoly over research, mining, enrichment and reprocessing, industrialization and trade in nuclear ores and their by-products, taking into account the following principles and conditions:

a)  all nuclear activity within the national territory shall only be admitted for peaceful purposes and subject to approval by the National Congress;

b)  under a permission, authorization is granted for the sale and use of radioisotopes in research and for medical, agricultural, and industrial purposes;

c)  under a permission, authorization is granted for the production, sale, and use of radio- isotopes with a half-life lower than two hours;

d)  civil liability for nuclear damages does not depend on the existence of fault;

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

XXV –  establish the areas and conditions for the exercise of placer mining activities in associative form.

Article 22. The Union has the exclusive power to legislate on:

I –  civil, commercial, criminal, procedural, electoral, agrarian, maritime, aeronautical, space and labour law;

II –  expropriation;

III –  civil and military requisitioning, in case of imminent danger or in times of war;

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

V –  the postal service;

VI –  the monetary and measures systems, metal certificates and guarantees;

VII –  policies for credit, foreign exchange, insurance and transfer of values;

VIII –  foreign and interstate trade;

IX –  guidelines for the national transportation policy;

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

XI –  traffic and transportation;

XII –  beds of ore, mines, other mineral resources and metallurgy;

XIII –  nationality, citizenship and naturalization;

XIV –  Indian populations;

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

XVI –  the organization of the national employment system and conditions for the practice of professions;

XVII –  the judicial organization, the organization of the Public Prosecution of the Federal District and of the territories and of the Public Legal Defense of the territories, as well as their administrative organization;

XVIII –  the national statistical, cartographic and geological systems;

XIX –  systems of savings, as well as of obtaining and guaranteeing popular savings;

XX –  consortium and lottery systems;

XXI –  general rules of organization, staff, war material, guarantees, call-up, mobilization, inactivities and pensions of military police and military fire brigades;

XXII –  the jurisdiction of the federal police and of the federal highway and military polices;

XXIII –  social security;

XXIV –  directives and bases of the national education;

XXV –  public registers;

XXVI –  nuclear activities of any nature;

XXVII –  general rules for all types of bidding and contracting for governmental entities, associate government agencies, and foundations of the Union, the States, the Federal District, and the Municipalities, in accordance with article 37, XXI, and for public enterprises and joint stock companies, under the terms of article 173, paragraph 1, III;

XXVIII –  territorial defense, aerospace defense, maritime defense, civil defense, and national mobilization;

XXIX –  commercial advertising.

Sole paragraph. A supplementary law may authorize the states to legislate upon specific questions related to the matters listed in this article.

Article 23. The Union, the states, the Federal District and the municipalities, in common, have the power:

I –  to ensure that the Constitution, the laws and the democratic institutions are respected and that public property is preserved;

II –  to provide for health and public assistance, for the protection and safeguard of handicapped persons;

III –  to protect the documents, works and other assets of historical, artistic or cultural value, the monuments, the remarkable landscapes and the archaeological sites;

IV –  to prevent works of art and other assets of historical, artistic and cultural value from being taken out of the country, destroyed or from being deprived of their original characteristics;

V –  to provide the means of access to culture, education, science, technology, research, and innovation;

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

VII –  to preserve the forests, fauna and flora;

VIII –  to promote agriculture and organize the supply of foodstuff;

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

X –  to fight the causes of poverty and the factors leading to substandard living conditions, promoting the social integration of the unpriviledged sectors of the population;

XI –  to register, monitor and control the concessions of rights to research and exploit hydric and mineral resources within their territories;

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

Sole paragraph. Supplementary laws shall establish rules for the cooperation between the Federal Government and the states, the Federal District, and the municipalities, aiming at the attainment of balanced development and well-being on a nationwide scope.

Article 24. The Union, the states and the Federal District have the power to legislate concurrently on:

I –  tax, financial, penitentiary, economic and urbanistic law;

II –  budget;

III –  trade boards;

IV –  costs of forensic services;

V –  production and consumption;

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

VII –  protection of the historic, cultural and artistic heritage, as well as of assets of touristic interest and landscapes of outstanding beauty;

VIII –  liability for damages to the environment, to consumers, to assets and rights of artistic, aesthetic, historical, and touristic value, as well as to remarkable landscapes;

IX –  education, culture, teaching, sports, science, technology, research, development, and innovation;

X –  establishment, operation and procedures of small claims courts;

XI –  judicial procedures;

XII –  social security, protection and defense of health;

XIII –  legal assistance and public defense;

XIV –  protection and social integration of handicapped persons;

XV –  protection of childhood and youth;

XVI –  organization, guarantees, rights and duties of the civil polices.

Paragraph 1. Within the scope of concurrent legislation, the competence of the Union shall be limited to the establishment of general rules.

Paragraph 2. The competence of the Union to legislate upon general rules does not exclude the supplementary competence of the states.

Paragraph 3. If there is no federal law on general rules, the states shall exercise full legislative competence to provide for their peculiarities.

Paragraph 4. The supervenience of a federal law over general rules suspends the effectiveness of a state law to the extent that the two are contrary.

CHAPTER III

The Federated States

Article 25. The states are organized and governed by the Constitutions and laws they may adopt, in accordance with the principles of this Constitution.

Paragraph 1. All powers that this Constitution does not prohibit the states from exercising shall be conferred upon them.

Paragraph 2. The states shall have the power to operate, directly or by means of concession, the local services of piped gas, as provided for by law, it being forbidden to issue any provisional measure for its regulation.

Paragraph 3. The states may, by means of a supplementary law, establish metropolitan regions, urban agglomerations and microregions, formed by the grouping of adjacent municipalities, in order to integrate the organization, the planning and the operation of public functions of common interest.

Article 26. The property of the states includes:

I –  or subterranean waters, flowing, emerging or in deposit, with the exception, in this case, of those resulting from work carried out by the Union, as provided by law;

II –  areas, on ocean and coastal islands, which are within their domain, excluding those under the domain of the Union, the municipalities or third parties;

III –  river and lake islands which do not belong to the Union;

IV –  the unoccupied lands not included among those belonging to the Union.

Article 27. The number of Deputies in the Legislative Assembly shall correspond to three times the representation of the state in the Chamber of Deputies and, when the number of thirty-six has been reached, it shall be increased by as many members as the number of Federal Deputies exceeding twelve.

Paragraph 1. The term of office of the State Deputies shall be four years and the provisions of this Constitution shall be applied to them in what refers to the electoral system, inviolability, immunities, remuneration, loss of office, leave of absence, impediments, and incorporation into the Armed Forces.

Paragraph 2. The compensation of State Deputies shall be established by an act of the State Legislative Assembly, in the proportion of seventy-five percent, at most, of the compensation established, in legal tender, for Federal Deputies, as provided by articles 39, paragraph 4; 57, paragraph 7; 150, II; 153, III; and 153, paragraph 2, I.

Paragraph 3. The Legislative Assemblies shall have the power to provide upon their internal regulations, police, and the administrative services of their Secretariat and to fill in the respective offices.

Paragraph 4. The law shall provide for the peoples initiative in the state legislative process.

Article 28. The election of the Governor and the Vice-Governor of a state, for a term of office of four years, shall be held on the first Sunday of October, in the first round, and on the last Sunday of October, in the second round, as the case may be, of the year preceding the one in which the term of office of their predecessors ends, and they shall take office on January 1 of the following year, in accordance, otherwise, with the provisions of article 77.

Paragraph 1. The Governor who takes another post or function in governmental entities or entities owned by the Government shall lose his office, with the exception of the taking of office by virtue of a public sector entrance examination, and with due regard for the provisions in article 38, I, IV, and V.

Paragraph 2. The compensation of the Governor, the Vice-Governor, and of the State Cabinet Members shall be established by an act of the State Legislative Assembly, as provided by articles 37, XI, 39, paragraph 4, 150, II, 153, III, and 153, paragraph 2, I.

CHAPTER IV

The Municipalities

Article 29. Municipalities shall be governed by organic law, voted in two readings, with a minimum interval of ten days between the readings, and approved by two-thirds of the members of the Municipal Chamber, which shall promulgate it, observing the principles established in this Constitution, in the Constitution of the respective state and the following precepts:

I –  election of the Mayor, Vice-Mayor and Councilmen for a term of office of four years, by means of direct election held simultaneously throughout the country;

II –  election of the Mayor and Vice-Mayor on the first Sunday of October of the year preceding the end of the term of office of those they are to succeed, subject, in the case of municipalities with over two hundred thousand voters, to the provisions set forth in article 77;

III –  investiture of the Mayor and Vice-Mayor on January 1 of the year subsequent to the year of the election;

IV –  the following limits shall apply to the composition of Municipal Chambers:

a)  9 (nine) councilmen, in Municipalities with up to 15,000 (fifteen thousand) inhabitants;

b)  11 (eleven) councilmen, in Municipalities with over 15,000 (fifteen thousand) inhabitants and with up to 30,000 (thirty thousand) inhabitants;

c)  13 (thirteen) councilmen, in Municipalities with over 30,000 (thirty thousand) inhabitants and with up to 50,000 (fifty thousand) inhabitants;

d)  15 (fifteen) councilmen, in Municipalities with over 50,000 (fifty thousand) inhabitants and with up to 80,000 (eighty thousand) inhabitants;

e)  17 (seventeen) councilmen, in Municipalities with over 80,000 (eighty thousand) inhabitants and with up to 120,000 (one hundred and twenty thousand) inhabitants;

f)  19 (nineteen) councilmen, in Municipalities with over 120,000 (one hundred and twenty thousand) inhabitants and with up to 160,000 (one hundred and sixty thousand) inhabitants;

g)  21 (twenty-one) councilmen, in Municipalities with over 160,000 (one hundred and sixty thousand) inhabitants and with up to 300,000 (three hundred thousand) inhabitants;

h)  23 (twenty-three) councilmen, in Municipalities with over 300,000 (three hundred thou- sand) inhabitants and with up to 450,000 (four hundred and fifty thousand) inhabitants;

i)  25 (twenty-five) councilmen, in Municipalities with over 450,000 (four hundred and fifty thousand) inhabitants and with up to 600,000 (six hundred thousand) inhabitants;

j)  27 (twenty-seven) councilmen, in Municipalities with over 600,000 (six hundred thousand) inhabitants and with up to 750,000 (seven hundred thousand) inhabitants;

k)  29 (twenty-nine) councilmen, in Municipalities with over 750,000 (seven hundred thousand) inhabitants and with up to 900,000 (nine hundred thousand) inhabitants;

l)  31 (thirty-one) councilmen, in Municipalities with over 900,000 (nine hundred thousand) inhabitants and with up to 1,050,000 (one million and fifty thousand) inhabitants;

m)  33 (thirty-three) councilmen, in Municipalities with over 1,050,000 (one million and fifty thousand) inhabitants and with up to 1,200,000 (one million and two hundred thousand) inhabitants;

n)  35 (thirty-five) councilmen, in Municipalities with over 1,200,000 (one million and two hundred thousand) inhabitants and with up to 1,350,000 (one million three hundred and fifty thousand) inhabitants;

o)  37 (thirty-seven) councilmen, in Municipalities with 1,350,000 (one million three hundred and fifty thousand) inhabitants and with up to 1,500,000 (one million five hundred thousand) inhabitants;

p)  39 (thirty-nine) councilmen, in Municipalities with over 1,500,000 (one million five hundred thousand) inhabitants and with up to 1,800,000 (one million eight hundred thousand) inhabitants;

q)  41 (forty-one) councilmen, in Municipalities with over 1,800,000 (one million eight hundred thousand) inhabitants and with up to 2,400,000 (two million four hundred thousand) inhabitants;

r)  43 (forty-three) councilmen, in Municipalities with over 2,400,000 (two million four hundred thousand) inhabitants and with up to 3,000,000 (three million) inhabitants;

s)  45 (forty-five) councilmen, in Municipalities with over 3,000,000 (three million) inhabitants and with up to 4,000,000 (four million) inhabitants;

t)  47 (forty-seven) councilmen, in Municipalities with over 4,000,000 (four million) inhabitants and with up to 5,000,000 (five million) inhabitants;

u)  49 (forty-nine) councilmen, in Municipalities with over 5,000,000 (five million) inhabitants and with up to 6,000,000 (six million) inhabitants;

v)  51 (fifty-one) councilmen, in Municipalities with over 6,000,000 (six million) inhabitants and with up to 7,000,000 (seven million) inhabitants;

w)  53 (fifty-three) councilmen, in Municipalities with over 7,000,000 (seven million) inhabitants and with up to 8,000,000 (eight million) inhabitants; and

x)  55 (fifty-five) councilmen, in Municipalities with over 8,000,000 (eight million) inhabitants;

V –  compensation of the Mayor, the Vice-Mayor, and the Local Cabinet Members established by an act of the Town Council, as provided by articles 37, XI, 39, paragraph 4, 150, II, 153, III, and 153, paragraph 2, I;

VI –  the compensation of Local Councilmen shall be stipulated by their respective Town Councils in each legislative term for the subsequent one, with due regard for the provisions of this Constitution, in accordance with the criteria set forth in the respective Organic Law and the following maximum limits:

a)  In Municipalities having up to ten thousand inhabitants, the compensation of Local Councilmen shall correspond, at the most, to twenty percent of the compensation of State Deputies;

b)  in Municipalities having between ten thousand and fifty thousand inhabitants, the compensation of Local Councilmen shall correspond, at the most, to thirty percent of the compensation of State Deputies;

c)  in Municipalities having between fifty thousand and one inhabitants and one hundred thousand inhabitants, the compensation of Local Councilmen shall correspond, at the most, to forty percent of the compensation of State Deputies;

d)  in Municipalities having between one hundred thousand and one inhabitants and three hundred thousand inhabitants, the compensation of Local Councilmen shall correspond, at the most, to fifty percent of the compensation of State Deputies;

e)  in Municipalities having between three hundred thousand and one inhabitants and five hundred thousand inhabitants, the compensation of Local Councilmen shall correspond, at the most, to sixty percent of the compensation of State Deputies;

f)  in Municipalities having over five hundred thousand inhabitants, the compensation of Local Councilmen shall correspond, at the most, to seventy-five percent of the compensation of State Deputies;

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

VIII –  inviolability of the Councilmen on account of their opinions, words and votes while in office and within the jurisdiction of the municipality;

IX –  prohibitions and incompatibilities, while in the exercise of the office of City Councilman, similar, where applicable, to the provisions of this Constitution for the members of the National Congress and of the Constitution of the respective state for the members of the Legislative Assembly;

X –  trial of the Mayor before the Court of Justice;

XI –  organization of the legislative and supervisory functions of the Municipal Chamber;

XII –  cooperation of the representative associations in municipal planning;

XIII –  public initiative in the presenting of bills of specific interest to the municipality, the city or the neighborhoods, by means of the manifestation of at least five percent of the electorate;

XIV –  loss of the office of mayor, as provided in article 28, sole paragraph.

Article 29-A. The total expenditures of the Municipal Legislative Branch, including the compensation of Local Councilmen and excluding outlays on retired personnel, may not exceed the following percentages, related to the total amount, effectively realized in the prior year, of tax revenues and the transfers set forth in paragraph 5 of article 153, and in articles 158 and 159:

I –  7% (seven percent) in the case of Municipalities having up to 100,000 (one hundred thousand) inhabitants;

II –  6% (six percent) in the case of Municipalities having between 100,000 (one hundred thousand) and 300,000 (three hundred thousand) inhabitants;

III –  5% (five percent) in the case of Municipalities having between 300,001 (three hundred thousand and one) inhabitants and 500,000 (five hundred thousand) inhabitants;

IV –  4.5% (four and five tenths per cent) in the case of Municipalities having between 500,001 (five hundred thousand and one) and 3,000,000 (three million) inhabitants;

V –  4% (four percent) in the case of Municipalities having between 3,000,001 (three million and one) and 8,000,000 (eight million) inhabitants;

VI –  3.5% (three and five tenths per cent) in the case of Municipalities having over 8,000,001 (eight million and one) inhabitants.

Paragraph 1. The Town Council shall not spend more than seventy percent of its allocation on the payroll, including expenses on the compensation of its member councilmen.

Paragraph 2. The following acts of the Municipal Mayor are crimes of malversation:

I –  to effect a remittance in excess of the limits stipulated in this article;

II –  not to effect a remittance before the twentieth day of each month;

III –  to effect a remittance below the proportion stipulated in the Budgetary Law.

Paragraph 3. It shall be a crime of malversation for the President of the Town Council to disobey paragraph 1 of this article.

Article 30. The municipalities have the power to:

I –  legislate upon matters of local interest;

II –  supplement federal and state legislations where pertinent;

III –  institute and collect taxes within their jurisdiction, as well as to apply their revenues, without prejudice to the obligation of rendering accounts and publishing balance sheets within the periods established by law;

IV –  create, organize and suppress districts, with due regard for the state legislation;

V –  organize and render, directly or by concession or permission, the public services of local interest, including mass-transportation, which is of essential nature;

VI –  maintain, with the technical and financial cooperation of the Federal Government and the state, programs of infant and elementary school education;

VII –  provide, with the technical and financial cooperation of the Union and the state, health services to the population;

VIII –  promote, wherever pertinent, adequate territorial ordaining, by means of planning and control of use, apportionment and occupation of the urban soil;

IX –  promote the protection of the local historic and cultural heritage, with due regard for federal and state legislation and supervision.

Article 31. Supervision of the municipality shall be exercised by the municipal legislature, through outside control, and by the internal control systems of the municipal executive branch, in the manner called for by law.

Paragraph 1. Outside control of the Municipal Chamber shall be exercised with the assistance of the state or municipal Audit Court, or of the Municipal Audit Councils or Courts, where they exist.

Paragraph 2. The prior report, issued by the competent agency, on the accounts to be rendered annually by the Mayor, shall not prevail only by a decision of two-thirds of the members of the City Council.

Paragraph 3. The accounts of the municipalities shall remain, for sixty days annually, at the disposal, for examination and consideration, of any taxpayer, who may question their legitimacy, as the law provides.

Paragraph 4. The creation of municipal courts, councils or agencies of accounts is forbidden.

CHAPTER V

The Federal District and the Territories

SECTION I

The Federal District

Article 32. The Federal District, which may not be divided into municipalities, shall be governed by an organic law, voted in two readings, with a minimum interval of ten days, and approved by two-thirds of the Legislative Chamber, which shall enact it, in accordance with the principles set forth in this Constitution.

Paragraph 1. The legislative powers reserved to the states and municipalities are attributed to the Federal District.

Paragraph 2. The election of the Governor and the Vice-Governor, complying with the rules of article 77, and of the District Deputies shall coincide with that of the state Governors and Deputies, for a term of office of the same duration.

Paragraph 3. The provisions of article 27 apply to the District Deputies and the Legislative Chamber.

Paragraph 4. A federal law will provide for the use, by the Government of the Federal District, of the civil police, the criminal police, the military police, and the military fire brigade.

SECTION II

The Territories

Article 33. The law shall provide for the administrative and judicial organization of the territories.

Paragraph 1. The territories may be divided into municipalities, to which the provisions of Chapter IV of this Title shall be applied, insofar as pertinent.

Paragraph 2. The accounts of the Government of the territory shall be submitted to the National Congress, with the prior opinion of the Federal Audit Court.

Paragraph 3. In the federal territories with over a hundred thousand inhabitants, in addition to the Governor, appointed as set forth in this Constitution, there shall be judicial agencies of first and second instances, members of the Public Prosecution and Federal Public Legal Defenders; the law shall provide for the elections to the Territory Chamber and its decision- making powers.

CHAPTER VI

Intervention

Article 34. The Union shall not intervene in the states or in the Federal District, except:

I –  to maintain national integrity;

II –  to repel foreign invasion or that of one unit of the Federation into another;

III –  to put an end to serious jeopardy to public order;

IV –  to guarantee the free exercise of any of the powers of the units of the Federation;

V –  to reorganize the finances of a unit of the Federation that:

a)  stops the payment of its funded debt for more than two consecutive years, except for reasons of force majeure;

b)  fails to deliver to the municipalities the tax revenues established in this Constitution, within the periods of time set forth by law;

VI –  to provide for the enforcement of federal law, judicial order or decision;

VII –  to ensure compliance with the following constitutional principles:

a)  republican form, representative system and democratic regime;

b)  rights of the human person;

c)  municipal autonomy;

d)  rendering of accounts of the direct and indirect public administration;

e)  the application of the minimum required amount of the revenues resulting from state taxes, including revenues originating from transfers, to the maintenance and development of education and to health actions and public services.

Article 35. The state shall not intervene in its municipalities, neither the Union in the municipalities located in a federal territory, except when:

I –  the funded debt is not paid for two consecutive years, without reasons of force majeure;

II –  the due accounts are not rendered, in the manner prescribed by law;

III –  the minimum required amount of the municipal revenues has not been applied to the maintenance and development of education and to health actions and public services;

IV –  the Court of Justice grants a petition to ensure observance of the principles indicated in the state Constitution or to provide for the enforcement of the law, judicial order or decision.

Article 36. The issuance of a decree of intervention shall depend:

I –  on a request from the coerced or impeded Legislative or Executive Power, or on a requisition from the Supreme Federal Court, if the coercion is exercised against the Judicial Power, in the case of article 34, IV;

II –  in case of disobedience to a judicial order or decision, on a requisition from the Supreme Federal Court, the Superior Court of Justice or the Superior Electoral Court;

III –  on the granting of a petition from the Attorney-General of the Republic by the Supreme Federal Court, in the case of article 34, VII, and in the case of refusal to enforce a federal law;

IV –  (Revoked).

Paragraph 1. The decree of intervention, which shall specify the extent, the period and the conditions of enforcement and which, if pertinent, shall appoint the intervenor, shall be submitted to the National Congress or the State Legislative Assembly for consideration, within twenty-four hours.

Paragraph 2. If the National Congress or the Legislative Assembly are not in session, a special session shall be called within the same twenty-four hours.

Paragraph 3. In the case of article 34, VI and VII, or article 35, IV, when the consideration by the National Congress or the Legislative Assembly may be waived, the decree shall be limited to suspending the enforcement of the impugned act, if such measure suffices to restore normality.

Paragraph 4. Upon cessation of the reasons that caused the intervention, the authorities removed from their offices shall return to them, unless there is some legal impediment.

CHAPTER VII

Public Administration

SECTION I

General Provisions

Article 37. The governmental entities and entities owned by the Government in any of the powers of the Union, the states, the Federal District and the Municipalities shall obey the principles of lawfulness, impersonality, morality, publicity, and efficiency, and also the following:

I –  public offices, positions and functions are accessible to all Brazilians who meet the requirements established by law, as well as to foreigners, under the terms of the law;

II –  investiture in a public office or position depends on previously passing an entrance examination consisting of tests or tests and presentation of academic and professional credentials, according to the nature and the complexity of the office or position, as provided by law, except for appointment to a commission office declared by law as being of free appointment and discharge;

III –  the period of validity of a public entrance examination shall be up to two years, extendable once for a like period of time;

IV –  during the unextendable period established in the public call notice, a person who has passed a public entrance examination of tests, or of tests and presentation of academic and professional credentials, shall be called with priority over newly approved applicants, to take an office or position in the career;

V –  positions of trust, exercised exclusively by public employees holding an effective post, and commission offices, to be exercised by career employees in the cases, under the conditions and within the minimum percentages established in law, are reserved exclusively for the duties of directors, chiefs of staff, and assistants;

VI –  the right to free union association is guaranteed to civil servants;

VII –  the right to strike shall be exercised in the manner and within the limits defined by a specific law;

VIII –  the law shall reserve a percentage of public offices and positions for handicapped persons and shall define the criteria for their admittance;

IX –  the law shall establish the cases of hiring for a limited period of time to meet a temporary need of exceptional public interest;

X –  the remuneration of Government employees and the compensation referred to in paragraph 4 of article 39 may only be established or altered by means of a specific law, with due regard for the exclusive capacity to introduce a law in each case, an annual general review being ensured, always on the same date and without distinction between the indices;

XI –  the remuneration and the compensation of the holders of public offices, functions, and positions in governmental entities, associate government agencies, and foundations; of the members of any of the Powers of the Union, of the States, the Federal District, and the Municipalities; of the holders of elective offices, and of any other political agent, as well as the pay, pension, or other type of remuneration, earned on a cumulative basis or not, including advantages of a personal nature or of any other nature, may not be higher than the monthly compensation, in legal tender, of the Justices of the Supreme Federal Court, and the following limits shall be applied: in Municipalities, the compensation of the Mayor; in the States and in the Federal District, the monthly compensation of the Governor in the sphere of the Executive Branch, the compensation of State and Federal District Deputies in the sphere of the Legislative Branch, and the compensation of the Judges of the State Court of Justice, limited to ninety and twenty-five hundredths percent of the monthly compensation, in legal tender, of the Justices of the Supreme Federal Court in the sphere of the Judicial Branch, this limit being applicable to the members of the Office of the Public Interest Attorney, to Prosecutors, and to Public Legal Defenders;

XII –  the salaries for positions of the Legislative and Judicial Powers may not be higher than those paid by the Executive Power;

XIII –  the linkage or equalization of any type of pay for purposes of the remuneration of the personnel in the public services is forbidden;

XIV –  the pecuniary raises received by a government employee shall not be computed or accumulated for purposes of granting subsequent raises;

XV –  the compensation and the salaries of holders of public offices and positions may not be reduced, except for the provisions of items XI and XIV of this article and of articles 39, paragraph 4, 150, II, 153, III, and 153, paragraph 2, I;

XVI –  remunerated accumulation of public offices is forbidden, except, when there is compatibility of working hours, and with due regard, in any instance, for the provision of item XI:

a)  of two teaching positions;

b)  of one teaching position with another technical or scientific position;

c)  of two positions or jobs which are exclusive for health professionals, with regulated professions;

XVII –  the prohibition to accumulate extends to positions and functions and includes associate government agencies, foundations, public enterprises, joint stock companies, their subsidiary companies, and companies controlled either directly or indirectly by the Government;

XVIII –  the financial administration and its revenue officers shall, within their spheres of authority and jurisdiction, have the right to precedence over the other administrative sectors, as the law provides;

XIX –  the creation of an associate Government agency and the establishment of a public enterprise, a joint stock company, and a foundation may only take place by means of a specific law, and, in the latter case, a supplementary law shall specify the areas of operation;

XX –  the creation of subsidiaries of the agencies mentioned in the preceding item depends on legislative authorization, in each case, as well as the participation by any of them in a private company;

XXI –  with the exception of the cases specified in law, public works, services, purchases and disposals shall be contracted by public bidding proceedings that ensure equal conditions to all bidders, with clauses that establish payment obligations, maintaining the effective conditions of the bid, as the law provides, which shall only allow the requirements of technical and economic qualifications indispensable to guarantee the fulfilling of the obligations;

XXII –  the tax administrations of the Union, of the States, the Federal District, and the Municipalities, whose activities are essential for the operation of the State and are exercised by employees of specific careers, shall have priority funds for the implementation of their activities and shall work in an integrated manner, including the sharing of tax rolls and fiscal information, under the terms of the law or of a covenant.

Paragraph 1. The publicity of the acts, programmes, public works, services and campaigns of Government agencies shall be of educational, informative or social orientation character, and shall not contain names, symbols or images that characterize personal propaganda of Government authorities or employees.

Paragraph 2. Non-compliance with the provisions of items II and III shall result in the nullity of the act and punishment of the responsible authority, as the law provides.

Paragraph 3. The law shall regulate the forms of participation of users in governmental entities and in entities owned by the Government, especially as regards:

I –  claims relating to the rendering of public services in general, the provision of user services being ensured, as well as periodical assessment, both external and internal, of the quality of services;

II –  the access of users to administrative records and to information about Government initiatives, with due regard for article 5, items X and XXXIII;

III –  the rules of a complaint against negligence or abuse in the exercise of an office, position or function in government services.

Paragraph 4. Acts of administrative dishonesty shall result in the suspension of political rights, loss of public function, prohibition to transfer personal property and reimbursement to the Public Treasury, in the manner and grading established by law, without prejudice to the applicable criminal action.

Paragraph 5. The law shall establish the limitations for illicit acts, performed by any agent, whether or not a Government employee, which cause losses to the Public Treasury, without prejudice to the respective claims for reimbursement.

Paragraph 6. Public legal entities and private legal entities rendering public services shall be liable for damages that any of their agents, acting as such, cause to third parties, ensuring the right of recourse against the liable agent in cases of malice or fault.

Paragraph 7. The law shall establish the requirements and restrictions regarding the holder of an office or position, in governmental entities and entities owned by the government, which provides access to inside information.

Paragraph 8. The managerial, budgetary and financial autonomy of governmental agencies and entities, as well as of entities owned by the Government, may be extended by means of a contract, to be entered into by their administrators and the Government, with a view to the establishment of performance goals for the agency or entity, and the law shall provide for:

I –  the term of the contract;

II –  the controls and criteria for the appraisal of performance, rights, duties, and liability of managing officers;

III –  the remuneration of the employees.

Paragraph 9. The provision of item XI applies to the public enterprises and to joint stock companies and their subsidiary companies which receive funds from the Union, the States, the Federal District, or the Municipalities for the payment of personnel expenditures or of general expenses.

Paragraph 10. Receiving retirement pensions arising from article 40 or from articles 42 and 142, while at the same time receiving the remuneration of a public office, position or function is forbidden, with the exception of offices that may be accumulated under the terms of this Constitution, elective offices, and commission offices declared by law as being of free appointment and discharge.

Paragraph 11. The compensatory amounts set forth in law shall not be computed for the purposes of the remuneration limits referred to in item XI of the head paragraph of this article.

Paragraph 12. For the purposes provided by item XI of the head paragraph of this article, the States and the Federal District may stipulate, within their own sphere, by means of an amendment to their respective Constitutions and Organic Law, as a single limit, the monthly compensation of the Judges of the respective State Court of Justice, limited to ninety and twenty-five hundredths percent of the monthly compensation of the Justices of the Supreme Federal Court, and the provision of this paragraph shall not be applied to the compensation of State and Federal District Deputies and of City Councilmen.

Paragraph 13. Public employees holding a permanent position may be reassigned to work in a position whose duties and responsibilities are compatible with the limitation they have suffered in their physical or mental capacity, while remaining in this condition, as long as they have the qualification and level of education required for the destination position, maintaining the remuneration of the position of origin.

Paragraph 14. Retirement pensions granted with the use of contribution time resulting from office, job or civil service, including of the General Social Security System, will cause the severance of the bond that generated the contribution time.

Paragraph 15. It is forbidden to supplement public employees' retirement pensions and survivor's pensions to their dependents that do not comply with the provisions of paragraphs 14 to 16 of article 40 or that are not provided for in a law that extinguishes the social security system for public employees.

Article 38. The following provisions are applicable to public employees holding elective offices in a governmental entity, an associate government agency, and a foundation:

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

II –  if vested with the office of Mayor, he shall take leave from his post, position or function and he may opt for the corresponding remuneration;

III –  if vested with the office of City Councilman, if there is compatibility of working hours, he shall receive the benefits of his post, position or function, without prejudice to the remuneration of his elective office and in the case there is no such compatibility, the provisions of the preceding item shall be applied;

IV –  in any case requiring leave of absence for the exercise of an elective office, his time of service shall be counted in full, for all legal effects, except for promotion by merit;

V –  in the event of being insured under the social security system for public employees, the employee will remain affiliated to that system, in the federative entity of origin.

SECTION II

Government Employees

Article 39. The Union, the States, the Federal District and the Municipalities shall institute a board of administration policy and personnel remuneration policy, composed of public employees appointed by the respective Branches.

Paragraph 1. The stipulation of pay levels and of other components of the remuneration system shall comply with:

I the nature, the level of responsibility, and the complexity of the posts of each career;

II the requirements for investiture;

III the specific characteristics of each post.

Paragraph 2. The Union, the States, and the Federal District shall establish government schools for the education and further development of public employees, and participation in such courses shall be one of the requirements for promotion in the career, the signing of agreements or contracts among federated units being therefore allowed.

Paragraph 3. The provisions of article 7, IV, VII, VIII, IX, XII, XIII, XV, XVI, XVII, XVIII, XIX, XX, XXII, and XXX shall apply to employees holding public offices, and the law may stipulate differentiated requirements for admission when the nature of the office so demands.

Paragraph 4. A member of one of the Branches, the holder of an elective office, the Ministers of State, and the members of State and Local Cabinets shall be remunerated exclusively by means of a compensation consisting of one sole item, the addition of any extra benefit, additional pay, bonus, award, representation allowance, or other type of remuneration being forbidden, with due regard, in any of the cases, for the provisions of article 37, X and XI.

Paragraph 5. The legislation of the Union, the States, the Federal District, and the Municipalities may establish the proportion between the highest and the lowest remuneration of public employees, with due regard, in any of the cases, for the provision of article 37, XI.

Paragraph 6. The Executive, Legislative and Judicial Branches shall publish the amounts of the compensation and of the remuneration of public offices and positions each year.

Paragraph 7. The legislation of the Union, the States, the Federal District, and the Municipalities shall regulate the utilization of the budgetary funds deriving from savings in current expenditures in each agency, associate government agency and foundation, to be used in the development of programs of quality and productivity, training and development, modernization, re-equipping and rationalization of public services, including as additional pay or productivity award.

Paragraph 8. The remuneration of public employees organized in a career may be established under the terms of paragraph 4.

Paragraph 9. It is prohibited to incorporate advantages of a temporary nature or linked to a position of trust or of an at-will appointment to the remuneration of the permanent position.

Article 40. The social security system for public employees holding permanent positions will have a contributory and solidary character, through the contribution of the respective federative entity, of active employees, of retirees and of pensioners, subject to criteria that preserve the financial and actuarial balance.

Paragraph 1. Public employees covered by the social security system for public employees will retire:

I –  due to permanent incapacity for work, in the position in which they are vested, when they are unlikely to be reassigned, in which case periodic evaluations will be mandatory to verify the continuity of the conditions that gave rise to the granting of retirement, in the form of the law of the respective federative entity;

II –  compulsorily, with a pension proportional to the period of contribution, at the age of 70 (seventy), or at the age of 75 (seventy-five), as provided in supplementary law;

III –  within the scope of the Union, at 62 (sixty-two) years of age, if a woman, and at 65 (sixty-five) years of age, if a man, and, within the scope of States, the Federal District and Municipalities, at the minimum age established by amendment to the respective Constitutions and Organic Laws, observing the contribution time and the other requirements established in the complementary law of the respective federative entity.

Paragraph 2. Retirement pensions may not be less than the minimum amount referred to in paragraph 2 of article 201 or higher than the maximum limit established for the General Social Security System, subject to the provisions of paragraphs 14 to 16.

Paragraph 3. The rules for calculating retirement pensions will be governed by the law of the respective federative entity.

Paragraph 4. The adoption of differentiated requirements or criteria for the granting of benefits under the social security system for public employees is forbidden, except as provided for in paragraphs 4-A, 4-B, 4-C and 5.

Paragraph 4-A. Differentiated age and contribution time for the retirement of public employees with disabilities, previously submitted to a biopsychosocial assessment carried out by a multidisciplinary and interdisciplinary team, may be established by a complementary law of the respective federative entity.

Paragraph 4-B. Differentiated age and contribution time may be established by complementary law of the respective federative entity for the retirement of persons occupying the position of prison officer, socio-educational agent or police officer of the bodies referred to in item IV of the head paragraph of article 51, item XIII of the head paragraph of article 52 and items I to IV of the head paragraph of article 144.

Paragraph 4-C. Differentiated age and contribution time for the retirement of public employees whose activities require effective exposure to chemical, physical and biological agents harmful to health, or the association of these agents, may be established by a complementary law of the respective federative entity, the specification of professional categories or occupations being prohibited.

Paragraph 5. The occupants of teaching positions will have the minimum age reduced by 5 (five) years in relation to the ages resulting from the application of the provisions of item III of paragraph 1, as long as they prove time of effective work as teachers in early childhood education and in elementary and secondary education established in a complementary law of the respective federative entity.

Paragraph 6. With the exception of retirement resulting from accumulative positions under this Constitution, the receipt of more than one retirement pension is forbidden to the account of the social security system for public employees, being applied other prohibitions, rules and conditions for the accumulation of social security benefits established in the General Social Security System.

Paragraph 7. In compliance with the provisions of paragraph 2 of article 201, when it is the only source of formal income earned by the dependent, the survivor´s pension benefit will be granted under the terms of the law of the respective federative entity, which will deal differently with the death hypothesis of the public employees referred to in paragraph 4 -B due to aggression suffered at work or due to the position.

Paragraph 8. Readjustment of the benefits is ensured, to the end that their real value is permanently maintained, in accordance with criteria established by law.

Paragraph 9. The time of federal, state, district or municipal contribution will be counted for retirement purposes, observing the provisions of paragraphs 9 and 9-A of article 201, and the corresponding length of employment will be counted towards reserve.

Paragraph 10. The law may not establish any method of computation of fictitious periods of contribution.

Paragraph 11. The limit set forth in article 37, XI, applies to the total amount of the retirement pension and other pensions, including those resulting from the accumulation of public posts or positions, as well as from other activities which must contribute to the general social security scheme, and to the amount resulting from the addition of pensions and the remuneration of a post which may be accumulated under the terms of this Constitution, a commission office declared by law as being of free appointment and discharge, and an elective office.

Paragraph 12. In addition to the provisions of this article, in the social security system for public employees, where applicable, the requirements and criteria established for the General Social Security System will be observed.

Paragraph 13. The General Social Security System applies to the public agent occupying, exclusively, an at-will appointment declared in the law of free appointment and dismissal, or another temporary position, including elective mandate or non-permanent public employment.

Paragraph 14. The Union, the States, the Federal District and the Municipalities will institute, by law of the initiative of the respective Executive Branch, a supplementary social security system for public employees occupying a permanent position, observing the maximum limit of the benefits of the General Social Security System for the amount of retirement pensions and survivor's benefits under the social security system for public employees, except as provided in paragraph 16.

Paragraph 15. The supplementary social security system referred to in paragraph 14 will only offer a defined contribution benefit plan, observing the provisions of article 202 and will be carried out by a closed supplementary social security system entity or by an open supplementary social security entity.

Paragraph 16. The provisions of paragraphs 14 and 15 may be applied to an employee who has entered public administration on or before the date of publication of the act which instituted the corresponding complementary social security scheme only if such employee has previously expressed such option.

Paragraph 17. All remuneration amounts taken into account in the calculation of the benefit set forth in paragraph 3 shall be duly updated, under the terms of the law.

Paragraph 18. A contribution shall be levied on retirement pensions and other pensions granted by the scheme referred to in this article if such pensions exceed the maximum limit established for the benefits of the general social security scheme mentioned in article 201, at a percentage equal to the one established for employees holding effective posts.

Paragraph 19. Observing the criteria to be established in the law of the respective federative entity, public employees in office who have completed the requirements for voluntary retirement and who choose to remain in activity may be entitled to a stay allowance equivalent, at most, to the value of their social security contribution, until they reach the mandatory retirement age.

Paragraph 20. It is forbidden the existence of more than one social security system for public employees and more than one management body or entity of that system in each federative entity, covering all the branches, bodies and autonomous and foundational entities, which will be responsible for its financing, with due regard for criteria, parameters and legal nature defined in the complementary law referred to in paragraph 22.

Paragraph 21. (Revoked)

Paragraph 22. Being prohibited the institution of new social security systems for public employees, a complementary federal law will establish, for the systems that already exist, general rules of organization, operation and liability in their management, providing, among other aspects, for:

I –  requirements for their extinction and consequent migration to the General Social Security System;

II –  a model of collection, investment and use of resources;

III –  oversight by the Union and external and social control;

IV –  a definition of financial and actuarial balance;

V –  conditions for the institution of the fund for social security purposes referred to in article 249 and for earmarking to it the resources from contributions, assets and rights of any nature; mechanisms for dealing with the actuarial deficit;

VI –  mechanisms for dealing with the actuarial deficit;

VII –  the structuring of the management body or entity of the system, observing the principles related to governance, internal control and transparency;

VIII –  conditions and hypotheses for the accountability of those who perform duties related, directly or indirectly, to the management of the system;

IX –  conditions for joining a public consortium;

X –  parameters for evaluating the calculation base and defining the rate of ordinary and extraordinary contributions.

Article 41. Servants who, by virtue of public entrance examinations, are appointed to effective posts, acquire tenure after three years of actual service.

Paragraph 1. A tenured public employee shall only lose his office:

I –  by virtue of a final and unappealable judicial decision;

II –  by means of an administrative proceeding, in which he is assured of ample defense;

III –  by means of a procedure of periodical appraisal of performance, under the terms of a supplementary law, ample defense being assured.

Paragraph 2. If the dismissal of a tenured public employee is voided by a judicial decision, he shall be reinstated, and the occupant of the vacancy, when tenured, shall be led back to his original office, with no right to indemnity, taken to another office or placed on paid availability with a remuneration proportional to his length of employment.

Paragraph 3. If the office is declared extinct or unnecessary, a tenured public employee shall remain on availability, with a remuneration proportional to his length of employment, until he is adequately placed in another office.

Paragraph 4. As a requirement to acquire tenure, a special appraisal of performance by a committee created for this purpose is mandatory.

SECTION III

The Military of the States, of the Federal District and of the Territories

Article 42. The members of the Military Police and of the Military Fire Brigades, institutions whose organization is based on hierarchy and discipline, are military of the States, of the Federal District and of the Territories.

Paragraph 1. The provisions of article 14, paragraph 8; article 40, paragraph 9; and of article 142, paragraphs 2 and 3, apply to the military of the States, of the Federal District, and of the Territories, in addition to other provisions that the law may establish, it being incumbent upon specific state legislation to provide for the matters of article 142, paragraph 3, item X, the ranks of the officers being awarded by the respective State Governors.

Paragraph 2. The provisions that may be established by a specific act of the respective state shall apply to the pensioners of the military of the States, of the Federal District, and of the Territories.

Paragraph 3. The provisions of article 37, item XVI apply to the military of the States, of the Federal District and of the Territories, with prevalence of military activity.

SECTION IV

The Regions

Article 43. For administrative purposes, the Union may coordinate its action in one same social and geoeconomic complex, seeking to attain its development and to reduce regional inequalities.

Paragraph 1. A supplementary law shall provide for:

I –  the conditions for the integration of developing regions;

II –  the composition of the regional agencies which shall carry out, as provided by law, the regional plans included in the national social and economic development plans approved concurrently.

Paragraph 2. The regional incentives shall include, besides others, as prescribed by law:

I –  equality of tariffs, freight rates, insurance and other cost and price items which are within the responsibility of the Government;

II –  favoured interest rates for the financing of priority activities;

III –  exemptions, reductions or temporary deferment of federal taxes owed by individuals or by legal entities;

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

Paragraph 3. In the areas referred to in paragraph 2, IV, the Union shall grant incentives to the recovery of arid lands and shall cooperate with small and medium-size rural landowners in the implementing of water sources and small-scale irrigation in their tracts of land.

TITLE IV

The Organization of the Powers

CHAPTER I

The Legislative Power

SECTION I

The National Congress

Article 44. The Legislative Power is exercised by the National Congress, which is composed of the Chamber of Deputies and the Federal Senate.

Sole paragraph. Each legislative term shall have the duration of four years.

Article 45. The Chamber of Deputies is composed of representatives of the people, elected, by the proportional system, in each state, territory and in the Federal District.

Paragraph 1. The total number of Deputies, as well as the representation of the states and of the Federal District shall be established by a supplementary law, in proportion to the population, and the necessary adjustments shall be made in the year preceding the elections, so that none of those units of the Federation has less than eight or more than seventy Deputies.

Paragraph 2. Each territory shall elect four Deputies.

Article 46. The Federal Senate is composed of representatives of the states and of the Federal District, elected by a majority vote.

Paragraph 1. Each state and the Federal District shall elect three Senators for a term of office of eight years.

Paragraph 2. One-third and two-thirds of the representation of each state and of the Federal District shall be renewed every four years, alternately.

Paragraph 3. Each Senator shall be elected with two substitutes.

Article 47. Except where there is a constitutional provision to the contrary, the decisions of each House and of their committees shall be taken by a majority vote, when the absolute majority of its members is present.

SECTION II

Powers of the National Congress

Article 48. The National Congress shall have the power, with the sanction of the President of the Republic, which shall not be required for the matters specified in articles 49, 51 and 52, to provide for all the matters within the competence of the Union and especially on:

I –  system of taxation, collection of taxes and income distribution;

II –  pluriannual plan, budgetary directives, annual budget, credit transactions, public debt and issuance of currency;

III –  establishment and modification of Armed Forces troops;

IV –  national, regional and sectorial plans and programmes of development;

V –  boundaries of the national territory, air and maritime space and property of the Union;

VI –  incorporation, subdivision or dismemberment of areas of territories or states, after consulting with the respective Legislative Assembly;

VII –  temporary transference of the seat of the Federal Government;

VIII –  granting of amnesty;

IX –  administrative and judicial organization, organization of the Public Prosecution and of the Public Legal Defense of the Union and of the territories, and judicial organization as well as organization of the Public Prosecution of the Federal District;

X –  creation, change, and abolishment of public offices, positions and functions, with due regard for article 84, VI, b;

XI –  creation and abolishment of Ministries and Government bodies;

XII –  telecommunications and radio broadcasting;

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

XIV –  currency, currency issuance limits, and amount of federal indebtedness;

XV –  stipulation of the compensation for the Justices of the Supreme Federal Court, with due regard for articles 39, paragraph 4; 150, II; 153, III; and 153, paragraph 2, I.

Article 49. It is exclusively the competence of the National Congress:

I –  to decide conclusively on international treaties, agreements or acts which result in charges or commitments that go against the national property;

II –  to authorize the President of the Republic to declare war, to make peace and to permit foreign forces to pass through the national territory or remain therein temporarily, with the exception of the cases provided by a supplementary law;

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

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

V –  to stop the normative acts of the Executive Power which exceed their regimental authority or the limits of legislative delegation;

VI –  to transfer its seat temporarily;

VII –  to establish identical compensation for Federal Deputies and Senators, taking into account the provisions of articles 37, XI, 39, paragraph 4, 150, II, 153, III, and 153, paragraph 2, I;

VIII –  to establish the compensation of the President and the Vice-President of the Republic and of the Ministers of State, taking into account the provisions of articles 37, XI, 39, paragraph 4, 150, II, 153, III, and 153, paragraph 2, I;

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

X –  to supervise and control directly or through either of its Houses, the acts of the Executive Power, including those of the indirect administration;

XI –  to ensure the preservation of legislative competence in the face of the normative incumbency of the other Powers;

XII –  to consider the acts of concession and renewal of concession of radio and television stations;

XIII –  to choose two-thirds of the members of the Federal Audit Court;

XIV –  to approve initiatives of the Executive Power referring to nuclear activities;

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

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

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

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 previously determined matter, and this absence without adequate justification shall constitute a crime of malversation:

Paragraph 1. The Ministers of State may attend the Federal Senate, the Chamber of Deputies or any of their committees, on their own initiative and by agreement with the respective Directing Board, to report on a matter of relevance to their Ministry.

Paragraph 2. The Directing Boards of the Chamber 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 refusal or non-compliance, within a period of thirty days, as well as the rendering of false information, shall constitute a crime of malversation.

SECTION III

The Chamber of Deputies

Article 51. It is exclusively the competence of the Chamber of Deputies:

I –  to authorize, by two-thirds of its members, legal proceeding to be initiated against the President and the Vice-President of the Republic and the Ministers of State;

II –  to effect the taking of accounts of the President of the Republic, when they are not presented to the National Congress within sixty days of the opening of the legislative session;

III –  to draw up its internal regulations;

IV –  to provide for its organization, functioning, police, creation, change or abolishment of offices, positions and functions of its services, and the introduction of a law for the establishment of their respective remuneration, taking into account the guidelines set forth in the law of budgetary directives;

V –  to elect the members of the Council of the Republic, in the manner prescribed by article 89, VII.

SECTION IV

The Federal Senate

Article 52. It is exclusively the competence of the Federal Senate:

I –  to effect the legal proceeding and trial of the President and Vice-President of the Republic for crime of malversation, and the Ministers of State and the Commanders of the Navy, the Army, and the Air Force for crimes of the same nature relating to those;

II –  to effect the legal proceeding and trial of the Justices of the Supreme Federal Court, the members of the National Council of Justice and of the National Council of the Public Prosecution, the Attorney-General of the Republic, and the Advocate-General of the Union for crimes of malversation;

III –  to give prior consent, by secret voting, after public hearing, on the selection of:

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

b)  Justices of the Federal Audit Court appointed by the President of the Republic;

c)  Governor of a territory;

d)  president and directors of the Central Bank;

e)  Attorney-General of the Republic;

f)  holders of other offices, as the law may determine;

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

V –  to authorize foreign transactions of a financial nature, of the interest of the Union, the states, the Federal District, the territories and the municipalities;

VI –  to establish, as proposed by the President of the Republic, total limits for the entire amount of the