CONSTITUTIONAL AMENDMENT No. 7, 1995

      Alters article 178 of the Federal Constitution and provides for the adoption of Provisional Measures.

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

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

      "Article 178. The law shall provide for the regulation of air water and ground transportation, and it shall, in respect to the regulation of international transportation, comply with the agreements entered into by the Union, with due regard to the principle of reciprocity.

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

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

"Article 246. The adoption of any provisional measure for the regulation of any article of the Constitution the wording of which has been altered by means of an amendment enacted as of 195 is forbidden "

Brasília, August 15,1995.

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

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

Official Journal, August 16, 1995.
ORIGINAL WORDING

Article 178:

      "Article 178. The law shall provide for:

      I – the regulation of air, ocean and ground transportation;
      II – the predominance of domestic shipowners and ship of Brazilian flag and registration, and of those of the exporting or importing country;
      III – bulk transportation;
      IV – the use of fishing and other vessels.
      Paragraph 1- The regulation of international transportation shall comply with the agreements entered into by the Union with due regard for the principle of reciprocity.

      Paragraph 2 – The captains, at least two-thirds of the crew, as well as those who own and exploit domestic vessels shall be Brazilian.

      Paragraph 3 – Coastal and internal navigation are restricted to Brazilian vessels. except in the event of public necessity, as established  by law."

CONSTITUTIONAL AMENDMENT No. 8, 1995

      Alters item X3 and letter "a " of item XII of article 21 of the Federal Constitution.

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

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

      "Article 21. The Union shall have the power to:

      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 institutiutional issues;
      XII – operate, directly or through authorization, concession or permission:
      a) the services of sound broadcasting and of sound and image broadcasting;

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

Brasília, August 15, 1995.

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

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

Official Journal, August 16, 1995.
ORIGINAL WORDING

Article 21:

      "XI – operate, directly or through concession to companies with the majority of voting shares under state control, the telephone, telegraph and data transmission services as well as other public telecommunications services, provided that information services may be rendered by private legal entities through the public telecommunications network operated by the Union;
      XII – operate, directly or through authorization, concession or permission:
      a) the services of sound broadcasting and of sound and image broadcasting as well as other telecommunications services;"

CONSTITUTIONAL AMENDMENT No. 9, 1995

      Gives new wording to article 177 of the Federal Constitution, altering and inserting paragraphs.

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

Article 1. Paragraph 1 of article 177 of the Federal Constitution shall henceforth be in force with the following wording:

      "Article 177………………………………………………………………

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

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

      "Article 177………………………………………………………………

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

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

Brasília, November 9, 1995.

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

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

Official Journal. November 10, 1995
ORIGINAL WORDING

Article 177:

      "Paragraph 1- The monopoly set forth in this article includes the risks and results deriving from the activities mentioned therein, and the Union is forbidden to assign or grant concessions of any kind of participation, either in kind or in legal tender, in the exploitation of petroleum or natural gas deposits, excepting the provisions of article 20, paragraph I ."

      Paragraph 2 – The law shall provide with respect to the transportation and use of radioactive materials within the national territory."

CONSTITUTIONAL AMENDMENT No. 10, 1996

      Alters articles 71 and 72 of the Temporary Constitutional Provisions Act, introduced by the Revision Constitutional Amendment No. I of 1994.

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

Article 1. Article 71 of the Temporary Constitutional Provisions Act shall henceforth be in force with the following wording:

      "Article 71. The Emergency Social Fund is hereby instituted for the fiscal years of 1994 and 1995, as well as for the period from January 1, 1996 through June 30, 1997, aiming at the financial recuperation of the Federal Public Finances and the economic stabilization, the resources of which shall be applied primarily to the actions of the health and education systems, the welfare benefits and welfare assistance of permanent nature, including the payment of welfare debts and budgetary expenditures associated to programs of great economic and social interest.
      Paragraph 1 – The provision of the final part of item II of paragraph 9 of article 165 of the Constitution shall not apply to the Fund established bv this article.
      Paragraph 2 – From the beginning of the 1996 fiscal year on, the Fund established by this article shall be called Fiscal Stabilization Fund.

      Paragraph 3 – The Executive Power shall publish, on a bimonthly basis, a budget execution statement, which statement shall list the sources and applications of the Fund established by this article."

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

      "Article 72. The Emergency Social Fund is comprised of: 1-…………………………………………………………………………………,
      II – the part of the proceeds from the collection of the tax on income and earnings of any nature, and of the tax on credit, foreign exchange and insurance transactions, or transactions relating to bonds and securities, resulting from the changes generated by Law 8,894 of June 21, 1994, and by Laws 8,849 and 8,848, both dated January 28,1994 and further modifications;
      III – the part of the proceeds from the collection due to the increase of the rate of welfare contribution on the profit of taxpayers mentioned in paragraph 1 of article 22 of Law 8,212 of July 24, 1991, which, in the fiscal years of 1994 and 1995, as well as in the period from January 1, 1996 through June 30, 1997, shall be of 30 percent, subject to modification by ordinary law, the other stipulations of Law 7,689 of December 15, 1988 remaining unchanged;
      IV – twenty percent of the proceeds from the collection of all taxes and contributions to the Union, already instituted or to be instituted, except those provided by items I, II and III, with due regard to the provisions of paragraphs 3 and 4;
      V – the part of the proceeds from the collection of the contribution mentioned in Supplementary Law 7, of September 7, l970, owed by the juridical entities referred to in item III of this article, which will be calculated, in the fiscal years of 1994 and 1995, as well as in the period from January 1, 1996 through June 30, 1997, through the employment of a rate of seventy five hundredths of one percent, subject to modification by ordinary law, on the gross operating income, as defined in the legislation of income tax and earnings of any nature; and
      VI – ……………………………………………………………………..
      Paragraph 1 – ……………………………………………………….
      …………………………………………………………………………..
      Paragraph 2 – The parts referred to in items I, II, III and V shall be previously deducted from the calculation base of any legal or constitutional designation or participation, and the provisions of articles 159, 212 and 239 of the Constitution shall not apply to them.
      Paragraph 3 – The part referred to in item IV shall be previously deducted from the calculation base of any constitutions or legal designation or participation stipulated by articles 153, paragraph 5, 157, II, 212 and 239 of the Constitution.
      Paragraph 4 – The provision of the former paragraph shall not apply to the resources provided by articles 158, II, and 159 of the Constitution.
      Paragraph 5 – The part of the resources originating from the tax on income and earnings of any nature, designated for the Emergency Social Fund, as provided by item II of the article, shall not exceed five and six-tenths of one percent of the total proceeds from its collection."

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

Brasília, March 4, 1996.

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

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

Official Journal. March 7, 1996.
ORIGINAL WORDING

Article 71:

      "Article 71. The Emergency Social Fund is hereby instituted for the fiscal years of 1994 and 1995, aiming at the financial recuperation of the Federal Public Finances and the economic stabilization, the resources of which shall be applied to the actions of the health and education systems, the welfare benefits and welfare assistance of permanent nature, including the payment of welfare debts, as well as other programs of great social and economic interest.
      Sole paragraph. The provision of the final part of item II of paragraph 9 of article 165 of the Constitution shall not apply, in the 1994 fiscal year, to the the Fund established by this article."

Article 72

      "I – ………………………………………………………………………………
      II – the part of the proceeds from the collection of the tax on urban buildings and urban land property, of the tax on income and earnings of any nature, and of the tax on credit, foreign exchange and insurance transactions, or transactions relating to bonds and securities, resulting from the changes generated by Provisional Measure 419 and by Laws 8,847, 8,849 and 8,848, all dated January 28, 1994, the period in force of the latter being extended to December 31, 1995;
      III – the part of the proceeds from the collection due to the increase of the rate of welfare contribution on the profit of taxpayers mentioned in paragraph 1 of article 22 of Law 8,212 of July 24, 1991, which, in the fiscal years of 1994 and 1995 shall be of 30 percent, the other stipulations of Law 7,869 of December 15, 1988 remaining unchanged;
      IV – twenty percent of the proceeds from the collection of all taxes and contributions to the Union, except those provided by items I, II and III
      V – the part of the proceeds from the collection of the contribution mentioned in Supplementary Law 7, of September 7, 1970, owed by the juridical entities referred to in item III of this article, which. will be calculated, in the fiscal! years of 1994 and 195, through the employment of a rate of seventy five hundredths of one percent on the gross operating income, as defined in the legislation of income tax and earnings of any nature;
      ………………………………………………………………………….
      Paragraph 1 – The rates and calculation base defined in items III and V shall be applied as from the first day of the month following the ninetieth day after the promulgation of this amendment.
      Paragraph 2 – The parts referred to in items I, II, III and V shall be previously deducted from the calculation base of any legal or constitutional designation or participation, and the provisions of articles 158, II, 159, 212 and 239 of the Constitution shall not apply to them.
      Paragraph 3 – The part referred to in item IV shall be previously deducted from the calculation base of any constitutional or legal designation or participation stipulated by articles 153, paragraph 5, l 57, II, 158, II, 212 and 239 of the Constitution.
      Paragraph 4 – The provision of the former paragraph shall not apply to the resources provided by article 159 of the Constitution Paragraph 5 – The part of the resources originating from the tax on rural property and from the tax on income and earnings of any nature, designated for the Emergency Social Fund, as provided by item II of this article, shall not exceed:
      I – in the case of the tax on rural property, eighty-six and two- tenths of one percent of the total proceeds from its collection;
      II – in the case of the tax on income and earnings of any nature, five and six-tenths of one percent of the total proceeds from its collection.’

CONSTITUTIONAL AMENDMENT No. 11, 1996

      Allows the hiring of foreign professors, technicians and scientists by the Brazilian universities and grants autonomy to the scientific and technological research institutions.

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

Article 1. Two paragraphs are added to article 207 of the Federal Constitution with the following wording:

      "Article 207………………………………………………………..
      Paragraph 1 – The universities are permitted to hire foreign professors, technicians and scientists as provided by law.
      Paragraph 2 – The provisions of this article apply to scientific and technological research institutions."

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

Brasília, April 30, 1996.

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

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

Official Journal, May 2, 1996.

CONSTITUTIONAL AMENDMENT No. 12, 1996

      Grants competency to the Union to establish provisional contribution on the movement or transmission of monies and of credits and rights of financial nature.

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

Sole Article. Article 74 is included in the Temporary Constitutional Provisions Act, with the following wording:

      "Article 74. The Union may establish provisional contribution on the movement or transmission of monies and of credits and rights of financial nature.
      Paragraph I – The rate of the contribution mentioned in this article shall not exceed twenty-five hundredths of one percent, and the Executive Power may reduce it or reestablish it, in whole or in part, in the conditions and limits provided for by law.
      Paragraph 2 – The provisions of articles 153, paragraph 5, and 154, I, of the Constitution shall not apply to the contribution mentioned in this article.
      Paragraph 3 – The whole of the proceeds from the collection of the contribution mentioned in this article shall be allocated to the National Health Foundation for the financing of health actions and services.
      Paragraph 4 – The liability for the contribution mentioned in this article shall be governed by the provisions of article 195, paragraph 6, of the Constitution, and it shall not be collected for longer than two years."

Brasília, August 15, 1996.

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

THE DIRECTING BOARD OF THE FEDERAL SENATE: José Sarney, President – Teotonio Vilela Filho, First Vice-President – Júlio Campos, Second Vice-President – Odacir Soares, First Secretary – Renan Calheiros, Second Secretary – Ernandes Amorim , Third Secretary – Eduardo Suplicy, Substitute Secretary.

Official Journal. August 16, 1996.

CONSTITUTIONAL AMENDMENT No. 13, 1996

      Gives new wording to item 11 of article 192 of the Federal Constitution.

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

Sole Article. Item II of article 192 of the Federal Constitution shall be in force with the following wording:

      "Article 192…………………………………………………………

      II – authorization and operation of insurance, reinsurance, so security and capitalization companies, as well as of supervising agency;"

Brasília, August 21, 1996.

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

THE DIRECTING BOARD OF THE FEDERAL SENATE: José Sarney, President – Teotonio Vilela Filho, First Vice-President – Júlio Campos, Second Vice-President – Odacir Soares, First Secretary – Renan Calheiros, Second Secretary – Ernandes Amorim , Third Secretary – Eduardo Suplicy, Substitute Secretary.

Official Journal, August 22, 1996.
ORIGINAL WORDING
Article 192:

      "II – authorization and operation of insurance, social security and capitalization companies, as well as the official supervising agency and of the official reinsurance agency;"

CONSTITUTIONAL AMENDMENT No. 14, 1996

      Alters articles 34, 208, 211 and 212 of the Federal Constitution and gives new wording to article 60 of the Temporary Constitutional Provisions Act.

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

Article 1. Subitem e is added to item VII of article 34 of the Federal Constitution, with the following wording:

      "e) the application of the mandatory minimum of income resulting from state taxes, including those originating from transfers, to the maintenance and development of education."

Article 2. New wording is given to items I and II of article 208 of the Federal Constitution, as follows:

      "I – mandatory and free elementary education, including the assurance of its free offer to all those who did not have access to it at the proper age;

      II – progressive universalization of the free high high-school education;"

Article 3. New wording is given to paragraphs I and 2 of article 211 of the Federal Constitution, and two additional paragraphs are inserted in this article, to read as follows:

      "Article 211……………………………………………………….

      Paragraph 1 – The Union shall organize the federal education system and that of the Territories, shall finance the federal public educational institutions and shall have, in educational matters, a redistributive and supplementary function, so as to guarantee the equalization of the educational opportunities and a minimum standard of quality of education, through technical and financial assistance to the States, the Federal District and the Municipalities.
      Paragraph 2 – The Municipalities shall act on a priority basis in elementary education and in the education of children.
      Paragraph 3 – The States and the Federal District shall act on a priority basis in elementary and secondary education.
      Paragraph 4 – In the organization of their educational systems, the States and Municipalities shall establish forms of cooperation, so as to guarantee the universalization of the mandatory education."

Article 4. New wording is given to paragraph 5 of article 212 of the Federal Constitution, as follows:

      "Paragraph 5 – The public elementary education shall have, as an additional source of financing, the social contribution for education. collected from companies as provided by law."

Article 5. Article 60 of the Temporary Constitutional Provisions Act is hereby altered and new paragraphs are inserted into it, with the article having the following wording:

      "Article 60. In the first ten years after the promulgation of this Amendment, the States, the Federal District and the Municipalities shall allocate no less than 60% of the funds referred to in the caption of article 212 of the Federal Constitution, to the maintenance and development of elementary education, aiming at the assurance of the universalization of the service and the payment of appropriate salaries to the teachers.
      Paragraph I – The distribution of responsibilities and resources between the States and their Municipalities, to be effected with part of the resources defined in this article, as set forth in article 211 of the Federal Constitution, is assured through the establishment, within each State and the Federal District, of a Fund for the Maintenance and Development of the Elementary Education and for the Increase of the Worth of the Teaching Profession, of a financial nature.
      Paragraph 2 – The Fund referred to in the preceding paragraph shall be made up by, at least, fifteen percent of the resources referred to in articles 1 55, item Il : l S8 item IV. and 159, item I, subitems a and b; and item 11, of the Federal Constitution, and shall be distributed among each State and its Municipalities, in proportion to the number of students in the respective elementary education networks.
      Paragraph 3 – The Union shall supplement the resources of the Funds referred to in paragraph 1, whenever in each State and in the Federal District its value per student does not reach the nationally set minimum.
      Paragraph 4 – The Union, the States, the Federal District and the Municipalities shall effect, during a period of five years, progressive adjustments of their contributions to the Fund, so as to guarantee a value per student corresponding to a minimum quality standard of education, defined at the national level. Paragraph 5 – A share of not less than 60% of the resources of each Fund referred to in paragraph 1 shall be used for the payment of elementary education teachers actually teaching.
      Paragraph 6 – The Union shall apply never less than 30 percent of the resources referred to in the caption of article 212 of the Federal Constitution to the eradication of illiteracy and to the maintenance and development of the elementary education, including the supplementation referred to in paragraph 3.
      Paragraph 7 – The law shall provide for the organization of the Funds, the proportional distribution of its resources, its oversight and control, as well as for the way to calculate the national minimum value per student."

Article 6. This Amendment shall come into force on January 1 of the year subsequent to that of its promulgation.

Brasília, September 12,1996.

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

THE DIRECTING BOARD OF THE FEDERAL SENATE: José Sarney, President – Teotonio Vilela Filho, First Vice-President – Júlio Campos, Second Vice-President – Odacir Soares, First Secretary – Renan Calheiros, Second Secretary – Ernandes Amorim , Third Secretary – Eduardo Suplicy, Substitute Secretary.

Official Journal, September 13, 1996.
ORIGINAL WORDING

Article 208:

      "I – compulsory and free elementary education, including for those who did not have access to school at the proper age; II – progressive extension of compulsory and free education secondary school;"

Article 211:

      "Paragraph 1 – The Union shall organize and finance the federal educational system and that of the territories and shall provide technical and financial assistance to the states, the Federal District and the municipalities for the development of their educational systems, and for the compliance with the priority to be given to compulsory education.
      Paragraph 2 – The municipalities shall act on a priority basis in elementary and pre-school education."

Article 212:

      "Paragraph 5 – The public elementary education shall have, as an additional source of financing, the social contribution for education, collected, as provided by law, from companies, which may deduct from it the funds invested in the fundamental education of their employees and dependents."

Article 60:

      "Article 60. In the first ten years after the promulgation of the Constitution, the Government shall endeavour, with the mobilization of all organized sectors of society and with the application of at least fifty percent of the funds referred to in article 212 of the Constitution, to eradicate illiteracy and generalize elementary education.
      Sole paragraph – Within a like period of time, the public universities shall decentralize their activities with the purpose of extending their higher education to cities of greater population density."

CONSTITUTIONAL AMENDMENT 15, 1996

      Gives new wording to paragraph 4 of article 18 of the Federal Constitution.

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

Sole Article. Paragraph 4 of article 18 of the Federal Constitution shall henceforth be in force with the following wording:

      "Article 18……………………………………………………..
      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."

Brasília, September 12, 1996.

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

THE DIRECTING BOARD OF THE FEDERAL SENATE: José Sarney, President – Teotonio Vilela Filho, First Vice-President – Júlio Campos, Second Vice-President – Odacir Soares, First Secretary – Renan Calheiros, Second Secretary – Ernandes Amorim , Third Secretary – Eduardo Suplicy, Substitute Secretary.

Official Journal, September 13, 1996.
ORIGINAL WORDING

Article 18:

      "Paragraph 4 – The establishment, merger, fusion and dismemberment of municipalities shall preserve the continuity and the historic-cultural unity of the urban environment, shall be carried out by a state law, with due regard for the requisites set forth in a state supplementary law and shall depend on prior consultation, by means of a plebiscite, of the population directly concerned."

REVISION CONSTITUTIONAL AMENDMENTS

REVISION CONSTITUTIONAL AMENDMENT No. 1, 1994

The Directing Board of the National Congress, under the terms of article 60 of the Federal Constitution, combined with article 3 of the Temporary Constitutional Provisions Act, promulgates the following constitutional amendment:

Article 1. Articles 71, 72 and 73, with the following wording, are hereby added to the Temporary Constitutional Provisions Act:

      "Article 71. The Emergency Social Fund is hereby instituted for the fiscal years of 1994 and 1995, aiming at the financial recuperation of the Federal Public Finances and the economic stabilization, the resources of which shall be applied to the actions of the health and education systems, the welfare benefits and welfare assistance of permanent nature, including the payment of welfare debts, as well as other programs of great social and economic interest.
      Sole paragraph. The provision of the final part of item II of paragraph 9 of article 165 of the Constitution shall not apply, in the 1994 fiscal year, to the the Fund established by this article.

      Article 72. The Emergency Social Fund is comprised of:

      I – the proceeds from the collection of the tax on income and earnings of any nature to be levied at source on payments of any nature effected by the Union, including its autonomous government agencies and foundations;
      II – the part of the proceeds from the collection of the tax on urban buildings and urban land property, of the tax on income and earnings of any nature, and of the tax on credit, foreign exchange and insurance transactions, or transactions relating to bonds and securities, resulting from the changes generated by Provisional Measure 419 and from Laws 8,847,8,849 and 8,468, all dated January 28, 1994, the period in force of the latter being extended to December 31, 1995;
      III – the part of the proceeds from the collection due to the increase of the rate of welfare contribution on the profit of taxpayers mentioned in paragraph 1 of article 22 of Law 8.212 of July 24, 1991, which, in the fiscal years of 1994 and 1995 shall be of 30 percent, the other stipulations of Law 7,869 of December 15, 1988 remaining unchanged;
      IV – twenty percent of the proceeds from the collection of all taxes and contributions to the Union, except those provided by items I, II and III;
      V – the part of the proceeds from the collection of the contribution mentioned in Supplementary Law 7, of September 7, 1970, owed by the juridical entities referred to in item III of this article which will be calculated, in the fiscal years of 1994 and 1995, through the employment of a rate of seventy five hundredths of one percent on the gross operating income, as defined in the legislation of income tax and earnings of any nature;
      VI – other incomes defined in specific legislation.

      Paragraph 1 – The rates and calculation base defined in items III and V shall be applied as from the first day of the month following the ninetieth day after the promulgation of this amendment.

      Paragraph 2 – The parts referred to in items I, II, III and V shall be previously deducted of the calculation base of any legal or constitutional designation or participation, and the provisions of articles 158, II, 159,212 and 239 of the Constitution shall not apply to them.
      Paragraph 3 – The part referred to in item IV shall be previously deducted from the calculation base of any constitutional or legal designation or participation stipulated by articles 153, paragraph 5, 157, II, 158, IT, 212 and 239 of the Constitution.
      Paragraph 4 – The provision of the former paragraph shall not apply to the resources provided by article 159 of the Constitution.
      Paragraph 5 – The part of the resources originating from the tax on rural property and from the tax on income and earnings of any nature, designated for the Emergency Social Fund, as provided by item II of this article, shall not exceed:
      I – in the case of the tax on rural property, eighty six and two- tenths of one percent of the total proceeds from its collection;
      II – in the case of the tax on income and earnings of any nature, five and six-tenths of one percent of the total proceeds from its collection

      Article 73. In the regulation of the Emergency Social Fund, the instrument provided by item V of article 59 of the Constitution may not be applied."

Article 2. Paragraph 4 of article 2 of the Constitutional Amendment No. 3 of 1993 is hereby revoked.

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

Brasília, March 1, 1994.

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

CONSTITUTIONAL AMENDMENTS

CONSTITUTIONAL AMENDMENT No. 1, 1992

Provides for the remuneration of State Deputies and City Councilmen.

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

Article 1. Paragraph 2 of article 27 of the Constitution shall henceforth be in force with the following wording:

"Article 27 ………………………………………………………………………

Paragraph 2 – The remuneration of the State Deputies shall be established in each legislative term, for the subsequent one, by the Legislative Assembly, as provided by articles 150, II, 153, III, and 153, paragraph 2, I, in the proportion of seventy-five percent, at most, of the remuneration established, in legal tender, for the Federal Deputies. ………………………………………………………………………………………"

Article 2. The following items VI and VII are added to article 29 of the Constitution. the subsequent ones being renumbered:

"Article 29 ………………………………………………………………………

VI – the remuneration of the City Councilmen shall correspond, at the most, to seventy-five percent of the remuneration established, in legal tender, for the State Deputies, except for the provisions of article 37, XI:
VII – the total expenditure with the remuneration of the City Councilmen may not exceed the amount of five percent of the revenue of the Municipality; ……………………………………………………………………………………………"

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

Brasília, March 31, 1992

THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Deputy Ibsen Pinheiro, President – Deputy Waldir Pires, Second Vice-President – Deputy Cunha Bueno, Third Secretary – Deputy Max Rosenmann, Fourth Secretary.

THE DlRECTlNG BOARD OF THE FEDERAL SENATE: Senator Mauro Benevides, President – Senator, Alexandre Costa, First Vice-President – Senator Carlos De ‘Carli, Second Vice-President – Senator Dirceu Carneiro, First Secretary – Senator Márcio Lacerda, Second Secretary – Senator Iram Saraiva, Fourth Secretary.

Official Journal, April 6, 1992.
ORIGINAL WORDING

Article 27: "Paragraph 2 – The remuneration of the State Deputies shall be established in each legislative term, for the subsequent one, by the Legislative Assembly, as provided in articles 150, III, and 153, paragraph 2, I."

Article 29: VI to VII: original numbering of items VIII to XIV.

CONSTITUTIONAL AMENDMENT No. 2, 1992

Provides for the plebiscite set forth in article 2 of the Temporary Constitutional Provisions Act.

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

Sole article. The plebiscite mentioned in article 2 of the Temporary Constitutional Provisions Act shall be held on April 21, 1993.

Paragraph I – The form and system of government defined by the plebiscite shall become effective on January 1, 1995.

Paragraph 2 – The law may provide for the holding of the plebiscite, including provisions for the free divulgation, free of charge, of the forms and systems of government, through public utility mass communication vehicles, equal allotment of time and parity of scheduling being ensured.

Paragraph 3 – The rule set forth in the preceding paragraph does not preclude the competence of the Superior Electoral Court to issue instructions necessary to the holding of the plebiscite.

Brasília, August 25,1992.

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

THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator Mauro Benevides, President – Senator Alexandre Costa, First Vice-President – Senator Carlos De’ Carli, Second Vice-President – Senator Dirceu Carneiro, First Secretary – Senator Márcio Lacerda, Second Secretary – Senator Rachid Saldánha Derzi, Third Secretary – Senator Iram Saraiva, Fourth Secretary.

Official Journal, September 1, 1992.

CONSTITUTIONAL AMENDMENT No. 3, 1993

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

Article l. The provisions of the Federal Constitution enumerated below shall henceforth be in force with the following alterations:

"Article 40…………………………………………………………………………………..

Paragraph 6 – The retirement and pension benefits of the federal civil servants shall be financed by resources originating from the Union and from the contributions of the civil servants, under the terms of the law."

"Article 42………………………………………………………………

Paragraph 10 – The provisions in article 40, paragraphs 4, 5, and 6 apply to the servicemen referred to in this article and to their pensioners.
………………………………………………………………………………."
"Article 102……………………………………………………………. I -…………………………………………………………………………. a) direct actions of unconstitutionality of a federal or state law or normative act, and declaratory actions of constitutionality of a federal law or normative act; ………………………………………………………………………………

Paragraph 1 – A claim of non-compliance with a fundamental precept deriving from this Constitution shall be examined by the Supreme Federal Court, under the terms of the law.

Paragraph 2 – Final decisions on merits, pronounced by the Supreme Federal Court, in declaratory actions of constitutionality of a federal law or normative act, shall have force against all, as well as a binding effect, as regards the other bodies of the Judicial Power, as well as the Executive Power."

"Article 103………………………………………………………….. ……………………………………………………………………………..
Paragraph 4 – A declaratory action of constitutionality may be filed by the President of the Republic, the Directing Board of the Federal Senate, the Directing Board of the Chamber of Deputies or by the Attorney-General of the Republic."

"Article 150…………………………………………………………………….

Paragraph 6 Any subsidy or exemption; reduction of assessment basis, concession of presumed credit , amnesty or remission, related to taxes, fees or contributions, may only be granted by means of a specific federal, state or municipal law, which provides exclusively for the above-enumerated matters or the corresponding tax, fee or contribution without prejudice to the provisions of article 155, paragraph 2, item XII, g.

Paragraph 7 – The law may impose upon the taxpayer the burden of the payment of a tax or contribution, whose taxable event will occur later, the immediate and preferential restitution of the amount paid being ensured, in case the presumed taxable event does not occur."

"Article 155. The states and the Federal District shall have the power to institute taxes on:
I – transfer by death and donation of any property or rights;

II – transactions relating to the circulation of goods and to the rendering of interstate and intermunicipal transportation services and services of communication, even when such transactions and renderings begin abroad;
III – ownership of automotive vehicles.
Paragraph 1 – The tax established in item I:

Paragraph 2 – The tax established in item II shall observe the following:

Paragraph 3 With the exception of the taxes mentioned in item II of the caption of the present article, and article 153, I and II, no other tribute may be levied on transactions concerning electric energy, telecommunications services, petroleurn by-products fuels and minerals of the country."

"Article 156…………………………………………………………………….

III services of any nature not included in article 155; II; as defined in a supplementary law.

Paragraph 3 – As regards the tax established in item III; a supplementary law shall:

I – establish its maximum rates;
II – exclude exportations of services to other countries from levy of the said tax. "

"Article 160…………………………………………………………………… Sole paragraph – The prohibition mentioned in the present article does not prevent the Union and the states from remitting the funds on condition of payment of their credits, including those of the autonomous government agencies."

"Article 167…………………………………………………………

IV – to bind tax revenues to an agency, fund or expense, excepting the sharing of the proceeds from the collection of the taxes referred to in articles 158 and 159, the allocation of funds for the maintenance and development of education, as determined in article 212, and the granting of guarantees on credit transactions by advance of revenues, as established in article 165, paragraph 8, as well as in paragraph 4 of the present article;

Paragraph 4 – It is permitted to bind proper revenues generated by the taxes referred to in articles 155 and 156, and the funds mentioned in articles 157,158 and 159, I, a and b, to the granting of a guarantee or a counterguarantee to the Union, and to the payment of debits owed to the same."

*Article 2. The Union may institute, under the terms of a supplementary law, effective until December 31, 1994, a tax on the transaction or transfer of securities and of credits and rights of a financial nature.

* Paragraph 4 revoked by article 2 of the Revision Constitutional Amendments 1/94.

Paragraph 1. The rate of the tax mentioned in the present article shall not exceed twenty-five hundredths percent, and the Executive Power may reduce it or re-establish it, in whole or in part, under the conditions and limits set forth in law.

Paragraph 2 – Article 150, III, b, and VI, and the provisions of paragraph 5 of article 153 of this Constitution do not apply to the tax mentioned in the present article.

Paragraph 3 – The proceeds from the collection of the tax mentioned in the present article are not subject to any mode of sharing with another unit of the federation.

Paragraph 4 – Of the proceeds from the collection of the tax mentioned in the present article, twenty percent shall be assigned to the funding of low- income housing programs.

Article 3. The elimination of the tax additional to income tax, within the competence of the states, deriving from the present Constitutional Amendment, shall only become effective as of January 1, 1996, the corresponding rate being reduced to at least two and a half percent in the fiscal year of 1995.

Article 4. The elimination of the tax on the retail sales of liquid and gaseous fuels, within the competence of the municipalities, deriving from the present Constitutional Amendment, shall only become effective as of January 1, 1996, the corresponding rate being reduced to at least one and a half percent in the fiscal year of 1995.

Article 5. Until December 31, 1999, the states, the Federal District and the municipalities may only issue public debt bonds up to the amount necessary to refinance the principal, adequately updated, of its liabilities. represented by that type of bonds, with the exception of the provisions of article 33, sole paragraph, of the Temporary Constitutional Provisions Act.

Article 6. Item IV and paragraph 4 of article 156 of the Federal Constitution are hereby revoked.

Brasília, March 17, 1993.

THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Deputy Inocêncio Oliveira, President – President-Deputy Adylson Motta, First Vice-President – Deputy Fernando Lyra, Second Vice-President – Deputy , Wilson Campos – First Secretary – Deputy Cardoso Alves, Second Secretary – Deputy B. Sá, Fourth Secretary.

THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator Humberto Lucena, President – Senator Chagas Rodrigues, First Vice-President – Senator Levy Dias, Second Vice-President – Senator Júlio Campos, First Secretary – Senator Nabor Júnior, Second Secretary – Senator Júnia Marise, Third Secretary Senator Nelson Wedekin, Fourth Secretary.

Official Journal, March 18, 1993.
ORIGINAL WORDING

Article 42:

"Paragraph 10 – The provisions in article 40, paragraphs 4 and 5, apply to the servicemen referred to in this article and to their pensioners."

Article 102, I:

"a) direct actions of unconstitutionality of a federal or state law or normative act."
"Sole paragraph – A claim of noncompliance with a fundamental precept deriving from this Constitution shall be examined by the Supreme Federal Court, under the terms of the law."

Article 150:

"Paragraph 6 – Any amnesty or remission concerning taxes or social security may only be granted ba- means of a specific state or municipal law."

Article 155:

"Article 155. The states and the Federal District shall power to institute:
I – taxes on:
a) transfer by death and donation of any property or rights;
b) transactions relating to the circulation of goods and to the rendering of interstate and intermunicipal transportation services and services of communication, even when such transactions and renderings begin abroad;
c) ownership of automotive vehicles;
II – additional tax of up to five per cent of the tax paid to the Union by individuals or corporate bodies, domiciled in the respective territories, in the quality of the tax instituted in article 153, III, on capital profits, gains and income.
Paragraph 1 – The tax established in item I, a:"
"Paragraph 2 – The tax established in item I, b, shall observe the following:"
"Paragraph 3 – With the exception of the taxes mentioned in item I, b, of the caption of the present article, and article 153, I and II, and 156, III, no other tribute shall be levied on transactions concerning electric energy, liquid and gaseous fuels, lubricants and minerals of the country."

Article 156:

"III – retail sales of liquid and gaseous fuels, except diesel oil. IV – services of any nature not included in article I, b, as defined in a supplementary law."
"Paragraph 3 – The tax set forth in item III does not exclude the levy of the state tax set forth in article 155, I, b, on the same transaction.
Paragraph 4 – A supplementary law shall:
I – establish the maximum rates for the taxes set forth in items III and IV.
II – exclude exportations of services to other countries from levy of the tax set forth in item IV."

Article 160:

"Sole paragraph – This prohibition shall not prevent the Union from remitting the funds on condition of payment of its credits.

Article 167:

"IV – to bind tax revenues to an agency, fund or expense, excepting the sharing of the proceeds from the collection of the taxes referred to in articles 158 and 159, the allocation of funds for the maintenance and development of education, as determined in article 212, and the granting of guarantees on credit transactions by advance of revenues, as established in article 165, paragraph 8;"

CONSTITUTIONAL AMENDMENT No. 4, 1993

Gives new wording to article 16 of the Federal Constitution.

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

Sole Article. Article 16 of the Federal Constitution shall henceforth be in force with the following wording:

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

Brasília, September 14, 1993.

THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Deputy Inocêncio Oliveira President – Deputy Wilson Campos, First Secretary – Deputy Cardoso Alves, Second Secretary – Deputy B. Sá, Fourth Secretary.

THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator Humberto Lucena, President – Senator Chagas Rodrigues, First Vice-President – Senator Levy Dias, Second Vice-President – Senator Júlio Campos, First Secretary – Senator Nabor Júnior, Second Secretary.

Official Journal, September 15, 1993.
ORIGINAL WORDING

"Article 16. The law altering the electoral procedure shall into force only one year after it is promulgated."

CONSTITUTIONAL AMENDMENT No. 5, 1995

Alters paragraph 2 of article 25 of the Federal Constitution

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

Sole Article. Paragraph 2 of article 25 of the Federal Constitution ‡ henceforth be in force with the following wording:

"Article 25
Paragraph 2 – The states shall have the power to operate, directly or by means of concession, the local services of piped gas provided for by law, it being forbidden to issue any provisional measure for its regulation."

Brasília, August 15, 1995.

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

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

Official Journal, August 16, 1995.
ORIGINAL WORDING

Article 25:

"Article 25.

Paragraph 2 – The states shall have the power to operate, directly or by means of a concession to a slate-owned company, with exclusive rights of distribution, the local services of piped gas."

CONSTITUTIONAL AMENDMENT No. 6, 1995

Alters item IX of article 170, article I71, and paragraph I of article 176 of the Federal Constitution.

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

Article 1. Item IX of article 170 and paragraph I of article 176 of the Federal Constitution shall henceforth be in force with the following wording:

"Article 170.

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

"Article 176…………………………………………………………. Paragraph 1 – The prospecting and mining of mineral resources and the utilization of the potentials mentioned in the caption of this article may only take place with authorization or concession by the Union, in the national interest, by Brazilians or by a company organized under Brazilian laws and having its head- office and management in Brazil, in the manner set forth by law, which law shall establish specific conditions when such activities are to be conducted in the boundary zone or on Indian lands."

Article 2. The following article 246 shall be included in CONSTITUTIONAL AMENDMENTS

1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 I 10 | 11 | 12 | 13 | 14 | 15 | R1 | R2 | R3 | R4 | R5 | R6

CONSTITUTIONAL AMENDMENT No. 1, 1992

Provides for the remuneration of State Deputies and City Councilmen.

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

Article 1. Paragraph 2 of article 27 of the Constitution shall henceforth be in force with the following wording:

"Article 27 ………………………………………………………………………

Paragraph 2 – The remuneration of the State Deputies shall be established in each legislative term, for the subsequent one, by the Legislative Assembly, as provided by articles 150, II, 153, III, and 153, paragraph 2, I, in the proportion of seventy-five percent, at most, of the remuneration established, in legal tender, for the Federal Deputies. ………………………………………………………………………………………"

Article 2. The following items VI and VII are added to article 29 of the Constitution. the subsequent ones being renumbered:

"Article 29 ………………………………………………………………………

VI – the remuneration of the City Councilmen shall correspond, at the most, to seventy-five percent of the remuneration established, in legal tender, for the State Deputies, except for the provisions of article 37, XI:
VII – the total expenditure with the remuneration of the City Councilmen may not exceed the amount of five percent of the revenue of the Municipality; ……………………………………………………………………………………………"

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

Brasília, March 31, 1992

THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Deputy Ibsen Pinheiro, President – Deputy Waldir Pires, Second Vice-President – Deputy Cunha Bueno, Third Secretary – Deputy Max Rosenmann, Fourth Secretary.

THE DlRECTlNG BOARD OF THE FEDERAL SENATE: Senator Mauro Benevides, President – Senator, Alexandre Costa, First Vice-President – Senator Carlos De ‘Carli, Second Vice-President – Senator Dirceu Carneiro, First Secretary – Senator Márcio Lacerda, Second Secretary – Senator Iram Saraiva, Fourth Secretary.

Official Journal, April 6, 1992.
ORIGINAL WORDING

Article 27: "Paragraph 2 – The remuneration of the State Deputies shall be established in each legislative term, for the subsequent one, by the Legislative Assembly, as provided in articles 150, III, and 153, paragraph 2, I."

Article 29: VI to VII: original numbering of items VIII to XIV.

CONSTITUTIONAL AMENDMENT No. 2, 1992

Provides for the plebiscite set forth in article 2 of the Temporary Constitutional Provisions Act.

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

Sole article. The plebiscite mentioned in article 2 of the Temporary Constitutional Provisions Act shall be held on April 21, 1993.

Paragraph I – The form and system of government defined by the plebiscite shall become effective on January 1, 1995.

Paragraph 2 – The law may provide for the holding of the plebiscite, including provisions for the free divulgation, free of charge, of the forms and systems of government, through public utility mass communication vehicles, equal allotment of time and parity of scheduling being ensured.

Paragraph 3 – The rule set forth in the preceding paragraph does not preclude the competence of the Superior Electoral Court to issue instructions necessary to the holding of the plebiscite.

Brasília, August 25,1992.

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

THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator Mauro Benevides, President – Senator Alexandre Costa, First Vice-President – Senator Carlos De’ Carli, Second Vice-President – Senator Dirceu Carneiro, First Secretary – Senator Márcio Lacerda, Second Secretary – Senator Rachid Saldánha Derzi, Third Secretary – Senator Iram Saraiva, Fourth Secretary.

Official Journal, September 1, 1992.

CONSTITUTIONAL AMENDMENT No. 3, 1993

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

Article l. The provisions of the Federal Constitution enumerated below shall henceforth be in force with the following alterations:

"Article 40…………………………………………………………………………………..

Paragraph 6 – The retirement and pension benefits of the federal civil servants shall be financed by resources originating from the Union and from the contributions of the civil servants, under the terms of the law."

"Article 42………………………………………………………………

Paragraph 10 – The provisions in article 40, paragraphs 4, 5, and 6 apply to the servicemen referred to in this article and to their pensioners.
………………………………………………………………………………."
"Article 102……………………………………………………………. I -…………………………………………………………………………. a) direct actions of unconstitutionality of a federal or state law or normative act, and declaratory actions of constitutionality of a federal law or normative act; ………………………………………………………………………………

Paragraph 1 – A claim of non-compliance with a fundamental precept deriving from this Constitution shall be examined by the Supreme Federal Court, under the terms of the law.

Paragraph 2 – Final decisions on merits, pronounced by the Supreme Federal Court, in declaratory actions of constitutionality of a federal law or normative act, shall have force against all, as well as a binding effect, as regards the other bodies of the Judicial Power, as well as the Executive Power."

"Article 103………………………………………………………….. ……………………………………………………………………………..
Paragraph 4 – A declaratory action of constitutionality may be filed by the President of the Republic, the Directing Board of the Federal Senate, the Directing Board of the Chamber of Deputies or by the Attorney-General of the Republic."

"Article 150…………………………………………………………………….

Paragraph 6 Any subsidy or exemption; reduction of assessment basis, concession of presumed credit , amnesty or remission, related to taxes, fees or contributions, may only be granted by means of a specific federal, state or municipal law, which provides exclusively for the above-enumerated matters or the corresponding tax, fee or contribution without prejudice to the provisions of article 155, paragraph 2, item XII, g.

Paragraph 7 – The law may impose upon the taxpayer the burden of the payment of a tax or contribution, whose taxable event will occur later, the immediate and preferential restitution of the amount paid being ensured, in case the presumed taxable event does not occur."

"Article 155. The states and the Federal District shall have the power to institute taxes on:
I – transfer by death and donation of any property or rights;

II – transactions relating to the circulation of goods and to the rendering of interstate and intermunicipal transportation services and services of communication, even when such transactions and renderings begin abroad;
III – ownership of automotive vehicles.
Paragraph 1 – The tax established in item I:

Paragraph 2 – The tax established in item II shall observe the following:

Paragraph 3 With the exception of the taxes mentioned in item II of the caption of the present article, and article 153, I and II, no other tribute may be levied on transactions concerning electric energy, telecommunications services, petroleurn by-products fuels and minerals of the country."

"Article 156…………………………………………………………………….

III services of any nature not included in article 155; II; as defined in a supplementary law.

Paragraph 3 – As regards the tax established in item III; a supplementary law shall:

I – establish its maximum rates;
II – exclude exportations of services to other countries from levy of the said tax. "

"Article 160…………………………………………………………………… Sole paragraph – The prohibition mentioned in the present article does not prevent the Union and the states from remitting the funds on condition of payment of their credits, including those of the autonomous government agencies."

"Article 167…………………………………………………………

IV – to bind tax revenues to an agency, fund or expense, excepting the sharing of the proceeds from the collection of the taxes referred to in articles 158 and 159, the allocation of funds for the maintenance and development of education, as determined in article 212, and the granting of guarantees on credit transactions by advance of revenues, as established in article 165, paragraph 8, as well as in paragraph 4 of the present article;

Paragraph 4 – It is permitted to bind proper revenues generated by the taxes referred to in articles 155 and 156, and the funds mentioned in articles 157,158 and 159, I, a and b, to the granting of a guarantee or a counterguarantee to the Union, and to the payment of debits owed to the same."

*Article 2. The Union may institute, under the terms of a supplementary law, effective until December 31, 1994, a tax on the transaction or transfer of securities and of credits and rights of a financial nature.

* Paragraph 4 revoked by article 2 of the Revision Constitutional Amendments 1/94.

Paragraph 1. The rate of the tax mentioned in the present article shall not exceed twenty-five hundredths percent, and the Executive Power may reduce it or re-establish it, in whole or in part, under the conditions and limits set forth in law.

Paragraph 2 – Article 150, III, b, and VI, and the provisions of paragraph 5 of article 153 of this Constitution do not apply to the tax mentioned in the present article.

Paragraph 3 – The proceeds from the collection of the tax mentioned in the present article are not subject to any mode of sharing with another unit of the federation.

Paragraph 4 – Of the proceeds from the collection of the tax mentioned in the present article, twenty percent shall be assigned to the funding of low- income housing programs.

Article 3. The elimination of the tax additional to income tax, within the competence of the states, deriving from the present Constitutional Amendment, shall only become effective as of January 1, 1996, the corresponding rate being reduced to at least two and a half percent in the fiscal year of 1995.

Article 4. The elimination of the tax on the retail sales of liquid and gaseous fuels, within the competence of the municipalities, deriving from the present Constitutional Amendment, shall only become effective as of January 1, 1996, the corresponding rate being reduced to at least one and a half percent in the fiscal year of 1995.

Article 5. Until December 31, 1999, the states, the Federal District and the municipalities may only issue public debt bonds up to the amount necessary to refinance the principal, adequately updated, of its liabilities. represented by that type of bonds, with the exception of the provisions of article 33, sole paragraph, of the Temporary Constitutional Provisions Act.

Article 6. Item IV and paragraph 4 of article 156 of the Federal Constitution are hereby revoked.

Brasília, March 17, 1993.

THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Deputy Inocêncio Oliveira, President – President-Deputy Adylson Motta, First Vice-President – Deputy Fernando Lyra, Second Vice-President – Deputy , Wilson Campos – First Secretary – Deputy Cardoso Alves, Second Secretary – Deputy B. Sá, Fourth Secretary.

THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator Humberto Lucena, President – Senator Chagas Rodrigues, First Vice-President – Senator Levy Dias, Second Vice-President – Senator Júlio Campos, First Secretary – Senator Nabor Júnior, Second Secretary – Senator Júnia Marise, Third Secretary Senator Nelson Wedekin, Fourth Secretary.

Official Journal, March 18, 1993.
ORIGINAL WORDING

Article 42:

"Paragraph 10 – The provisions in article 40, paragraphs 4 and 5, apply to the servicemen referred to in this article and to their pensioners."

Article 102, I:

"a) direct actions of unconstitutionality of a federal or state law or normative act."
"Sole paragraph – A claim of noncompliance with a fundamental precept deriving from this Constitution shall be examined by the Supreme Federal Court, under the terms of the law."

Article 150:

"Paragraph 6 – Any amnesty or remission concerning taxes or social security may only be granted ba- means of a specific state or municipal law."

Article 155:

"Article 155. The states and the Federal District shall power to institute:
I – taxes on:
a) transfer by death and donation of any property or rights;
b) transactions relating to the circulation of goods and to the rendering of interstate and intermunicipal transportation services and services of communication, even when such transactions and renderings begin abroad;
c) ownership of automotive vehicles;
II – additional tax of up to five per cent of the tax paid to the Union by individuals or corporate bodies, domiciled in the respective territories, in the quality of the tax instituted in article 153, III, on capital profits, gains and income.
Paragraph 1 – The tax established in item I, a:"
"Paragraph 2 – The tax established in item I, b, shall observe the following:"
"Paragraph 3 – With the exception of the taxes mentioned in item I, b, of the caption of the present article, and article 153, I and II, and 156, III, no other tribute shall be levied on transactions concerning electric energy, liquid and gaseous fuels, lubricants and minerals of the country."

Article 156:

"III – retail sales of liquid and gaseous fuels, except diesel oil. IV – services of any nature not included in article I, b, as defined in a supplementary law."
"Paragraph 3 – The tax set forth in item III does not exclude the levy of the state tax set forth in article 155, I, b, on the same transaction.
Paragraph 4 – A supplementary law shall:
I – establish the maximum rates for the taxes set forth in items III and IV.
II – exclude exportations of services to other countries from levy of the tax set forth in item IV."

Article 160:

"Sole paragraph – This prohibition shall not prevent the Union from remitting the funds on condition of payment of its credits.

Article 167:

"IV – to bind tax revenues to an agency, fund or expense, excepting the sharing of the proceeds from the collection of the taxes referred to in articles 158 and 159, the allocation of funds for the maintenance and development of education, as determined in article 212, and the granting of guarantees on credit transactions by advance of revenues, as established in article 165, paragraph 8;"

CONSTITUTIONAL AMENDMENT No. 4, 1993

Gives new wording to article 16 of the Federal Constitution.

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

Sole Article. Article 16 of the Federal Constitution shall henceforth be in force with the following wording:

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

Brasília, September 14, 1993.

THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Deputy Inocêncio Oliveira President – Deputy Wilson Campos, First Secretary – Deputy Cardoso Alves, Second Secretary – Deputy B. Sá, Fourth Secretary.

THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator Humberto Lucena, President – Senator Chagas Rodrigues, First Vice-President – Senator Levy Dias, Second Vice-President – Senator Júlio Campos, First Secretary – Senator Nabor Júnior, Second Secretary.

Official Journal, September 15, 1993.
ORIGINAL WORDING

"Article 16. The law altering the electoral procedure shall into force only one year after it is promulgated."

CONSTITUTIONAL AMENDMENT No. 5, 1995

Alters paragraph 2 of article 25 of the Federal Constitution

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

Sole Article. Paragraph 2 of article 25 of the Federal Constitution ‡ henceforth be in force with the following wording:

"Article 25
Paragraph 2 – The states shall have the power to operate, directly or by means of concession, the local services of piped gas provided for by law, it being forbidden to issue any provisional measure for its regulation."

Brasília, August 15, 1995.

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

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

Official Journal, August 16, 1995.
ORIGINAL WORDING

Article 25:

"Article 25.

Paragraph 2 – The states shall have the power to operate, directly or by means of a concession to a slate-owned company, with exclusive rights of distribution, the local services of piped gas."

CONSTITUTIONAL AMENDMENT No. 6, 1995

Alters item IX of article 170, article I71, and paragraph I of article 176 of the Federal Constitution.

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

Article 1. Item IX of article 170 and paragraph I of article 176 of the Federal Constitution shall henceforth be in force with the following wording:

"Article 170.

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

"Article 176…………………………………………………………. Paragraph 1 – The prospecting and mining of mineral resources and the utilization of the potentials mentioned in the caption of this article may only take place with authorization or concession by the Union, in the national interest, by Brazilians or by a company organized under Brazilian laws and having its head- office and management in Brazil, in the manner set forth by law, which law shall establish specific conditions when such activities are to be conducted in the boundary zone or on Indian lands."

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

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

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

Brasília. August 15, 1995.

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

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

Official Journal, August 16, 1995.
ORIGINAL WORDING

Article 170:

"IX – preferential treatment for small Brazilian enterprises of national capital."

Article 171.

"Article 171. It is considered:
I – a Brazilian company, one that is organized under Brazilian laws and has its head-office and management in Brazil; II – a Brazilian company of domestic capital, one whose effective control is directly or indirectly held permanently either by individuals resident and domiciled in Brazil or by domestic public entities, the effective control of the company being understood as the ownership of the majority of its voting capital and de facto and legal exercise of the decision-making power to manage its activities.

Paragraph 1 – The law may, with regard to a Brazilian company of domestic capital:
I – grant special temporary protection and benefits for the development of activities deemed strategic for the national defense or vital to the development of the country;
II – establish, whenever it deems a sector vital to national technological development, the following conditions and requisites, among others:
a) the requirement that the control mentioned in item II of the caption be extended to the company’s technological activities this being understood as de facto and legal exercise of the decision-making power to develop or absorb technology;
b) percentages of capital participation by individuals domiciled and resident in Brazil or by domestic public entities.

Paragraph 2 – In the procurement of goods and services, the Government shall give preferential treatment to Brazilian companies of domestic capital, as established by law."

Article 176:

"Article 176. Mineral deposits, under exploitation or not, and other mineral resources and the hydraulic energy potentials form, for the purpose of exploitation or utilization, a property separate from that of the soil and belong to the Union, the concessionaire being guaranteed the ownership of the mined product.

Paragraph 1 – The prospecting and mining of mineral resources and the utilization of the potentials mentioned in the caption of this article may only take place with authorization or concession by the Union, in the national interest, by Brazilians or by Brazilian companies of domestic capital, in the manner set forth by law, which law shall establish specific conditions when such activities are to be conducted in the boundary zone or on Indian lands.

Paragraph 2 – The owner of the soil is ensured of participation in the results of the mining operation, in the manner and amount as the law shall establish.

Paragraph 3 – Authorization for prospecting shall always be for a set period of time and the authorization and concession set forth in this article may not be assigned or transferred, either in full or in part, without the prior consent of the conceding authority.

Paragraph 4 – Exploitation of a renewable energy potential of small capacity shall not require an authorization or concession."

TITLE IX – GENERAL CONSTITUTIONAL PROVISIONS

Article 233. For the purposes of article 7, XXIX, rural employers shall, every five years, present evidence before the Labour Courts that they have fulfilled their labour obligations toward rural employees in the presence of the latter and of their union representative

Paragraph 1 – Upon evidence that the obligations mentioned in this article have been fulfilled, the employer shall be exempt from any charges deriving from those obligations in the respective period. In case the employee and his representative do not agree with the evidence presented by the employer, it shall be incumbent upon the Labour Courts to resolve the dispute.

Paragraph 2 – The employee shall, in any case, have the right to claim in court the credits to which he believes he is entitled referring to the last five years.

Paragraph 3 – The evidence mentioned in this article may be produced at intervals of less than five years, at the discretion of the employer.

Article 234. It is forbidden for the Union to assume, directly or indirectly, as a result of the creation of a state, burdens related to expenses with inactive personnel and with charges and repayments of internal or foreign debt of the public administration, including those of the indirect administration.

Article 235. During the first ten years after the creation of a state the following basic rules shall be observed:

1. the Legislative Assembly shall be composed of seventeen Deputies if the population of the state is less than six hundred thousand inhabitants, and of twenty-four Deputies if it is equal to or greater than this number, up to one million and five hundred thousand inhabitants;
2. the Government shall have at most ten Secretariats;
3. the Court of Accounts shall have three members, appointed by the elected Governor, among Brazilians of proven good repute and notable knowledge;
4. the Court of Justice shall have seven Judges;
5. the first Judges shall be appointed by the elected Governor, chosen in the following manner:
1. five of them from among judges with more than thirty-five years of age, in exercise within the area of the new state or of the original one:
2. two of them from among public prosecutors, under the same conditions, and from among attorneys of proven good repute and legal knowledge, with at least ten years of professional practice. complying with the procedures set forth in this Constitution;
6. in the case of a state which originated from a federal territory, the first five Judges may be chosen from among judges from any part of the country:
7. in each judicial district the first Judge, the first Public Prosecutor and the first Public Defender shall be appointed by the elected Governor after a public entrance examination of tests and presentation of academic and professional credentials;
8. until the promulgation of the state Constitution, the offices of Attorney-General, Advocate-General and Defender-General shall be held by lawyers of notable knowledge, with at least thirty-five years of age, appointed by the elected Governor and removable ad nutum;
9. if the new state results from the transformation of a federal territory the transfer of financial burden from the Union for payment of opting civii servants who belonged to the Federal Administration, shall take place as follows:
1. in the sixth year after its creation, the state shall assume twenty percent of the financial burden for the payment of the civil servants, the remainder continuing as a responsibility of the Union;
2. in the seventh year, thirty percent shall be added to the burden of the state and, in the eighth year, the remaining fifty percent;
10. the appointments subsequent to the first ones, for the offices mentioned in this article, shall be regulated by the state Constitution;
11. the budgetary personnel expenses shall not exceed fifty percent of the revenues of the state.

Article 236. Notary and registration services shall be exercised by private entities by Government delegation.

Paragraph 1 – The law shall regulate the activities, discipline the civil and criminal liability of notaries, registrars and their officials and define the supervision of their acts by the Judicial Power.

Paragraph 2 – Federal law shall set forth general rules for the establishment of the fees for the acts performed by notary and registration services.

Paragraph 3 – The entrance in notary and registration activities shall depend on a public entrance examination of tests and presentation of academic and professional credentials, and an office shall not be permitted to remain vacant for more than six months, without the opening of a public examination to fill it, either by appointment or transference.

Article 237. The supervision and control of foreign trade, which are essential to the defense of national financial interests, shall be exercised by the Ministry of Finance.

Article 238. The law shall organize the sale and resale of petroleum-derived fuels, fuel alcohol and other fuels derived from renewable raw-materials. respecting the principles of this Constitution.

Article 239. The revenues from contributions to the Social Integration Program, created by the Supplementary Law number 7 of September 7, 1970, and to the Civil Servants Asset Development Programme, created by the Supplementary Law number 8, of December 3, 1970, shall, from the date of the promulgation of this Constitution, fund the unemployment insurance programme and the bonus referred to in paragraph 3 of this article, in the manner prescribed bv law.

Paragraph 1 – At least forty percent of the funds mentioned in the caption of this article shall be allocated to finance economic development programmes, through the National Economic and Social Development Bank, with remuneration criteria which preserve their value.

Paragraph 2 – The accrued assets of the Social Integration Programme and of the Civil Servants Asset Development Programme shall be preserved, maintaining the criteria for withdrawal in the situations provided for in specific laws, with the exception of withdrawal by reason of marriage, it being forbidden the distribution of the revenues referred to in the caption of this article, for deposit in the personal accounts of the participants.

Paragraph 3 – Employees who receive monthly remuneration of up to two minimum wages from employers who contribute to the Social Integration Programme and to the Civil Servants Asset Development Programme shall be ensured the annual payment of one minimum wage, in which value the income of the individual accounts shall be computed, in the case of those who already participated in such programmes before the date of the promulgation of this Constitution.

Paragraph 4 – Funding of the unemployment insurance programme shall receive an additional contribution from companies in which employee turnover exceeds the average turnover rate of the sector, in the manner established bv law.

Article 240. The present compulsory contributions calculated on the payroll, made by employers, intended for private social service and professional training entities linked to the labour union system, are excluded from the provisions of article 195.

Article 241. The principle of article 39, paragraph 1, corresponding to the careers regulated in article 13 5 of this Constitution, shall apply to career police officers.

Article 242. The principle of article 206, IV, shall not apply to the official educational institutions created by state or municipal law and in existence on the date of the promulgation of this Constitution, which are not totally or predominantly maintained with Public funds.

Paragraph 1 – The teaching of Brazilian History shall take into account the contribution of the different cultures and ethnic groups to the formation of the Brazilian people.

Paragraph 2 – The Pedro II School, located in the city of Rio de Janeiro, shall be maintained in the federal sphere.

Article 243. Tracts of land in any region of the country where illegal plantations of psychotropic plants are found shall be expropriated immediately and specifically assigned to the settlement of tenant farmers, to the culture of foodstuff. s and medicinal products, with no indemnity to the owner and without prejudice to other sanctions set forth by law.

Sole paragraph – Any and all good of economic value seized as a result of illegal traffic or narcotics and similar drugs shall be confiscated and reverted to the benefit of institutions and personnel specialized in the treatment and cure of drug-addicts and in the equipping and funding of supervision, control, prevention and repression of drug traffic crime.

Article 244. The law shall provide for the adaptation of presently existing sites and buildings of public use and of the public transportation vehicles in order to guarantee adequate access to the handicapped, as set forth in article 227, paragraph 2.

Article 245. The law shall provide for the cases and conditions in which the Government shall give assistance to the needy heirs and dependants of victims of willful crimes, without prejudice to the civil responsibility of the perpetrator of the offense.

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

———————–
*CA 6 and 7/95.
Brasília, October 5, 1988. – Ulysses Guimardies, President – Mauro Benevides, First Vice-President – Jorge Arbage, Second Vice-President – Marcelo Cordeiro, First Secretary – Mário Maia, Second Secretary – Arnaldo Faria de Sá, Third Secretary – Benedita da Silva, First Substitute Secretary – Luiz Soyer, Second Substitute Secretary – Sotero Cunha, Third Substitute Secretary – Bernardo Cabral, Reporter-General – Adolfo Oliveira, Adjunct Reporter – Antonio Carlos Konder Reis, Adjunct Reporter – José Fogaça, Adjunct Reporter – Abigail Feitosa – Acival Gomes – Adauto Pereira – Ademir Andrade – Adhemar de Barros Filho – Adroaldo Streck – Adylson Motta – Aécio de Borba – Aécio Neves – Affonso Camargo – Afif Domingos – Afonso Arinos – Afonso Sancho – Agassiz AImeida – Agripino de Oliveira Lima – Airton Cordeiro – Airton Sandoval – Alarico Abib – Albano Franco – Albérico Cordeiro – Albérico Filho – Alceni Guerra – Alcides Saldanha – Aldo Arantes – Alércio Dias Alexandre Costa – Alexandre Puzyna – Alfredo Campos – Almir Gabriel Aloisio Vasconcelos – Aloysio Chaves – Aloysio Teixeira – Aluizio Bezerra Aluizio Carnpos – ÁIvaro Antônio – ÁIvaro Pacheco – ÁIvaro Valle – Alysson Paulinelli – Amaral Netto – Amaury Mueller – Amilcar Moreira – Angelo Magalhães – Anna Maria Rattes – Annibal Barcellos – Antero de Barros – Antônio Câmara – Antônio Carlos Franco – Antonio Carlos Mendes Thame – Antônio de Jesus – Antonio Ferreira – Antonio Gaspar – Antonio Mariz – Antonio Perosa – Antônio Salim Curiati – Antonio Ueno – Arnaldo Alartins – Arnaldo Moraes – Arnaldo Prieto – Arnold Fioravante – Arolde de Oliveira – Artenir Werner – Artur da Távola – Asdrubal Bentes – Assis Canuto – Átila Lira – Augusto Carvalho – Áureo Mello – Basílio Viliani – Benedicto Monteiro – Benito Gama – Beth Azize – Bezerra de Melo – Bocayuva Cunha – Bonifácio de Andrada – Bosco França – Brandão Monteiro – Caio Pompeu – Carlos Alberto – Carlos AIberto Caó – Carlos Benevides – Carlos Cardinal – Carlos Chiarelli – Carlos Cotta – Carlos De’Carli – Carlos Moscon – Carlos Sant’Anna- Carlos Vinagre – Carlos Vigílio – Carrel Benevides – Cássio Cunha Lima – Célio de Castro – Celso Dourado – César Cals Neto – César Maia – Chagas Duarte – Chagas Neto – Chagas Rodrigues – Chico Humberto – Christóvam Chiaradia – Cid Carvalho – Cid Sabóia de Carvalho – Cláudio Ávila – Cleonâncio Fonseca – Costa Ferreira – Cristina Tavares – Cunha Bueno – Dálton Canabrava – Darcy Deitos – Darcy Pozza – Daso Coimbra Davi AIves Silva – Del Bosco Amaral – Delfim Netto – Délio Braz – Denisar Arneiro – Dionisio Dal Prá – Dionísio Hage – Dirce Tutu Ouadros – Dirceu Carneiro – Divaldo Suruagy – Djenal Gonçalves – Domingos Juvenil – Domingos Leonelli – Doreto Campanari – Edésio Frias – Edison Lobão – Edivaldo Motta – Edme Tavares – Edmilson Valentim – Eduardo Bonfim – Eduardo Jorge – Eduardo Moreira – Egídio Ferreira Lima – Elias Murad Eliel Rodrigues – Eliézer Moreira – Enoc Vieira – Eraldo Tinoco – Eraldo Trindade – Erico Pegoraro – Ervin Bonkoski – Etevaldo Nogueira – Euclides Scalco – Eunice Michiles – Evaldo Gonçalves – Expedito Machado – Ézio Ferreira – Fábio Feldmann – Fábio Raunheitti – Farabulini Júnior – Fausto Fernandes – Fausto Rocha – Felipe Mendes – Feres Nader – Fernando Bezerra Coelho – Fernando Cunha – Fernando Gasparian – Fernando Gomes Fernando Henrique Cardoso – Fernando Lyra – Fernando Santana – Fernando Velasco – Firmo de Castro – Flavio Palmier da Veiga – Flávio Rocha Florestan Fernandes- Floriceno Paixao – França Teixeira – Francisco Amaral – Francisco Benjamim – Francisco Carneiro – Francisco Coelho – Francisco Di¢genes – Francisco Dornelles – Francisco Kuster – Francisco Pinto – Francisco Rollemberg – Francisco Rossi – Francisco Sales – Fursado Leite – Gabriel Guerreiro – Gandi Jamil – Gastone Righi – Genebaldo Correia – Genésio Bernardino – Geovani Borges – Geraldo Alekmin Filho – Geraldo Bulhões – Geraldo Campos – Geraldo Fleming – Geraldo Melo – Gerson Camata – Gerson Marcondes – Gerson Peres – Gidel Dantas – Gil César – Gilson Machado – Gonzaga Patriaota – Guilherme Palmeira – Gumercindo Milhomem – Gustavo de Faria – Harlan Gadelha – Haroldo Lima -Haroldo Sabóia – Hélio Duque – Hélio Manhães – Hélio Rosas – Henrique Córdova – Henrique Eduardo Alves – Heráclito Fortes – Hermes Zaneti – Hilário Braun – Homero Santos – Humberto Lucena – Humberto Souto – Iberê Ferreira – Ibsen Pinheiro – Inocêncio Oliveira – Irajá Rodriques – Iram Saraiva – Irapuan Costa Júnior – Irma Passoni – Ismael Wanderley – Israel Pinheiro- Itamar Franco – Ivo Cersósmo – Ivo Lech – Ivo Mainardi – Ivo Vanderlinde – Jacy Scanagatta – Jairo Azi – Jairo Careiro – Jalles Fontoura – Jamil Haddad – Jarbas Passarinho – Jayme Paliarin – Jayme Santana – Jesualdo Cavalcanti – Jesus Tajra – Joaci Góes – João Agripino – João Alves – João Calmon – João Carlos Bacelar – João Castelo – João Cunha – João da Mata – João de Deus Antunes – João Herrman Neto – João Lobo -João Machado Rollemberg – João Menezes – João Natal – João Paulo – João Rezek – João Bevilácqua – Joaquim Francisco – Joaquim Hayckel – Joaquim Sucena – Jofran Frejat – Jonas Pinheiro – Jonival Lucas – Jorge Bornhausen – Jorge Hage – Jorge Leite – Kprge Uequed – Jorge Vianna – José Agripino – José Camargo – José Carlos Coutinho – José Carlos Grecco – José Carlos Martinez – José Carlos Sabóia – José Vasconcelos – José Costa – José da Conceição – José Dutra – José Egreja – José Elias – José Fernandes – José Freire – José Genoino – José Geraldo – José Guedes – José Ingnácio Ferreira – José Jorge – José Lins – José Lourenço – José Luiz de Sá – José Luiz Maia – José Maranhão – José Maria Eymael – José Mauricio – José Melo – José Mendoça Bezerra- José Moura – José Paulo Bisol – José Queiroz – José Richa – José Santana de Vasconcellos -José Serra – José Tavares – José Teixeira – José Thomaz Nonô – José Tinoco – José Ulisses de Oliveira – José Viana – José Yunes – Jovanni Masini – Juarez Antunes – Júlio Campos – Júlio Costamilan – Jutahy Júnior – Jutahy Magalhães – Koyu Iha – Lael Varella – Lavoisier Maia – Leite Chaves – Lélio Souza – Leopoldo Peres – Leur Lomanto – Levy Dias – Lézio Sathler – Lidice da Mata – Louremberg Nunes Rocha – Lourival Baptista – Lúcia Braga – Lúcia Vânia – Lúcio Alcântara – Luis Eduardo – Luis Roberto Ponte – Luiz Alberto Rodrigues – Luiz Freire – Luiz Gushiken – Luiz Henrique – Luiz Inácio Lula da Silva – Luiz Leal – Luiz Marques – Luiz Salomão – Luiz Viana – Luiz Viana Neto – Lysânea Maciel – Maguito Vilela – Maluly Neto – Manoel Castro – Manoel Moreira – Manoel Ribeiro – Mansueto de Lavor – Manuel Viana – Márcia Kubitschek – Márcio Braga – Márcio Lacerda – Marco Maciel – Marcondes Gadelha – Marcos Lima – Marcos Queiroz – Maria de Lourdes Abadia – Maria Lúcia – Mário Assad – Mário Covas – Mário de Oliveira – Mário Lima – Marluce Pinto – Matheus Iensen – Mattos Leão – Maurício Campos – Maurício Correa – Maurício Fruet – Maurício Nasser – Maurício Pádua – Maurílio Ferreira Lima – Mauro Borges – Mauro Campos – Mauro Miranda – Mauro Sampaio – Max Rosenmann – Meira Filho – Melo Freire – Mello Reis – Menes Botelho – Mendes Canale – Mendes Ribeiro – Messias Góis – Messias Soares – Michel Temer – Milton Barbosa – Milton Lima – Milton Reis – Miraldo Gomes – Miro Teixeira – Moema São Thiago – Moysés Pimentel – Mazarildo Cavalcanti – Mussa Demes – Myrian Portella – Nabor Júnior – Naphtali AIves de Souza – Narciso Mendes – Nelson Aguiar – Nelson Carneiro – Nelson Jobim – Nelson Sabrá – Nelson Seixas – Nelson Wedekin – Nelton Friedrich – Nestor Duarte – Ney Maranhdo – Nilso Sguarezi – Mlson Gibson – Nion Albernaz – Noel de Carvalho – Nyder Barbosa – Octávio Elísio – Odacir Soares- Olavo Pires- Olívio Dutra- Onofre Corrêa – Orlando Bezerra – Orlando Pacheco – Oscar Corrêa – Osmar Leitão – Osmir Lima – Osmundo Rebouças – Osvaldo Bender – Osvaldo Coelho – Osvaldo Macedo – Osvaldo Sobrinho – Oswaldo AImeida – Oswaldo Trevisan – Ottomar Pinto – Paes de Andrade – Paes Landim – Paulo Delgado – Paulo Macarini – Paulo Marques – Paulo Mincarone – Paulo Paim – Paulo Pimentel – Paulo Ramos – Paulo Roberto – Paulo Roberto Cunha – Paulo Silva – Paulo Zarzur – Pedro Canedo – Pedro Ceolin – Percival Muniz – Pimenta da Veiga – Plínio Arruda Sampaio – Plínio Martins – Pompeu de Sousa – Rachid Saldanha Derzi – Raimundo Bezerra – Raimundo Lira – Raimundo Rezende – Raquel Cândido – Raquel Capiberibe – Raul Belém – Raul Ferraz – Renan Calheiros – Renato Bernardi – Renato Johnsson – Renato Vanna – Ricardo Fiuza – Ricardo Izar – Rita Camata – Rita Furtado – Roberto Augusto – Roberto Balestra – Roberto Brant – Roberto Campos – Roberto D’Ávila – Roberto Freire – Roberto Jefferson – Roberto Rollemberg – Roberto Torres – Roberto Vital – Robson Marinho – Rodrigues Palma – Ronaldo Aragão – Ronaldo Carvalho – Ronaldo Cezar Coelho – Ronan Tito – Ronaro Corrêa – Rosa Prata – Rose de Freitas – Rospide Netto – Rubem Branquinho – Rubem Medina – Ruben Figueiró – Ruberval Pilotto – Ruy Bacelar – Ruy Nedel – Sadie Hauache – Salatiel Carvalho – Samir Achôa – Sandra Cavalcanti – Santinho Furtado – Sarney Filho – Saulo Queiroz – Sérgio Brito – Sérgio Spada – Sérgio Werneck – Severo Gomes – Sigmaringa Seixas – Sílvio Abreu – Simão Sessim – Siqueira Campos – Sólon Borges dos Reis – Stélio Dias – Tadeu Fran‡a – Telmo Kirst — Teotonio Vlela Filho – Theodoro Mendes – Tito Costa – Ubiratan Aguiar – Ubiratan Spinelli – Uldurico Pinto – Valmir Campelo – Valter Pereira – Vasco Alves – Vicente Bogo – Victor Faccioni – Victor Fontana – Victor Trovdo – Vieira da Silva – Vilson Souza – Vingt Rosado – Vinicius Cansanção – Vrgildásio de Senna – Virgílio Galassi – Virgílio Guimarães – Vitor Buaiz – Vivaldo Barbosa – Vladimir Palmeira – Wagner Lago – Waldec Ornélas – Waldyr Pugliesi – Walmor de Luca – Wilma Maia – Wilson Campos – Wilson Martins – Ziza Valadares.

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

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

TITLE Vlll – THE SOCIAL ORDER

CHAPTER I – GENERAL PROVISION

Article 193. The social order is based OIl the primacy of work and aimed at social well-being and justice.

CHAPTER II SOCIAL WELFARE

SECTION I – GENERAL PROVISIONS

Article 194. Social welfare comprises an integrated whole of actions initiated by the Government and by society, with the purpose of ensuring the rights to health, social security and assistance.

Sole paragraph – It is incumbent upon the Government, as provided by law. to organize social welfare, based on the following objectives:

1. universality of coverage and service;
2. uniformity and equivalence of benefits and services for urban and rural populations:
3. selectivity and distributiveness in the provision of benefits and services;
4. irreducibility of the value of the benefits;
5. equitable participation in funding;
6. diversity of the financing basis;
7. democratic and decentralized character of administrative management, with the participation of the community, particularly of workers, businessmen and retired persons.

Article 195. Social welfare shall be financed by all of society, either directly or indirectly, as provided by law, with funds coming from the budgets of the Union, the states, the Federal District and the municipalities and from the following welfare contributions:

1. of employers, calculated on the payroll, revenues and profits;
2. of workers;
3. and the revenues of lotteries.

Paragraph 1 – The revenues of the states, the Federal District and the municipalities allotted to social welfare shall be included in the respective budgets, not being part of the budget of the Union.

Paragraph 2 – The proposal for the social welfare budget shall be drawn up jointly by the agencies responsible for health, social security and social assistance, in accordance with the goals and priorities established in the law of budgetary directives, ensuring each area of the management of its funds.

Paragraph 3 – A legal entity indebted to the social welfare system, as established in law, may not contract with the Government nor receive benefits or fiscal or credit incentives therefrom.

Paragraph 4 – The law may institute other sources intended to guarantee the maintenance or expansion of social welfare, with due regard to the provisions of article 154, I.

Paragraph 5 – No social welfare benefit or service may be created, increased or extended without a corresponding source of full funding.

Paragraph 6 – The social contributions referred to in this article may only be collected ninety days after the publication of the law which instituted or modified them, the provisions of article 150, III, b, not applying thereto.

Paragraph 7 – Benevolent entities of social assistance which meet the requirements established in law shall be exempt from contribution to social welfare.

Paragraph 8 – Rural producers, sharecroppers and tenant farmers, placer miners and self-employed fishermen, as well as their spouses, who exercise their activities within a household system and without permanent employees shall contribute to social welfare by applying a rate to the proceeds from the sale of their production and shall be entitled to the benefits provided by law.

SECTION II – HEALTH

Article 196. Health is a right of all and a duty of the State and shall be guaranteed by means of social and economic policies aimed at reducing the risk of illness and other hazards and at the universal and equal access to actions and serv ices for its promotion, protection and recovery.

Article 197. Health actions and services are of public importance, and it is incumbent upon the Government to provide, in accordance with the law? for their regulation, supervision and control, and they shall be carried out directly or by third parties and also by individuals or private legal entities

Article 198. Health actions and public services integrate a regionalized and hierarchical network and constitute a single system, organized according to the following directives:

1. decentralization, with a single management in each sphere of government;
2. full service, priority being given to preventive activities, without prejudice to assistance services;
3. participation of the community.

Sole paragraph – The unified health system shall be financed, as set forth in article 195, with funds from the social welfare budget of the Union, the states, the Federal District and the municipalities, as well as from other sources.

Article 199. Health assistance is open to private enterprise.

Paragraph 1 – Private institutions may participate in a supplementary manner in the unified health system, in accordance with the directives established by the latter, by means of public law contracts or agreements, preference being given to philanthropic and non-profit entities.

Paragraph 2 – The allocation of public funds to aid or subsidize profit- oriented private institutions is forbidden.

Paragraph 3 – Direct or indirect participation of foreign companies or capital in heath assistance in the country is forbidden, except in cases provided by law.

Paragraph 4 – The law shall provide for the conditions and requirements which facilitate the removal of organs, tissues and human substances for the purpose of transplants, research and treatment, as well as the collection, processing and transfusion of blood and its by-products, all kinds of sale being forbidden.

Article 200. It is incumbent upon the unified health system, in addition to other duties, as set forth by the law:

1. to supervise and control proceedings, products and substances of interest to health and to participate in the production of drugs, equipments, immunobiological products, blood products and other inputs;
2. to carry out actions of sanitary and epidemiologic vigilance as well as those relating to the health of workers;
3. to organize the training of personnel in the area of health;
4. to participate in the definition of the policy and in the implementation of basic sanitation actions;
5. to foster, within its scope of action, scientific and technological development;
6. to supervise and control foodstuffs, including their nutritional contents, as well as drinks and water for human consumption;
7. to participate in the supervision and control of the production, transportation, storage and use of pschycoactive, toxic and radioactive substances and products;
8. to cooperate in the preservation of the environment, including that of the workplace.

SECTION III – SOCIAL SECURITY

Article 201. The social security plans, upon contribution, shall provide for, in accordance with the law:

1. coverage for the events of illness, disability, death, including those resulting from employment related accidents, old age and confinement;
2. aid for the support of the dependants of the low-income insured;
3. protection to maternity, especially to pregnant women;
4. protection to workers in a situation of involuntary unemployment;
5. pension for death of the insured, man or woman, to the spouse or companion, and dependants, complying with the provisions of paragraph 5 and of article 202.

Paragraph I – Any person may receive social security benefits, upon contributions, as established in the social security plans.

Paragraph 2 – Adjustment of the benefits is ensured, to the end that its real value is permanently maintained, in accordance with criteria defined by law.

Paragraph 3 – All contribution salaries included in the calculation of the benefit shall suffer monetary correction.

Paragraph 4 – The amounts habitually earned by an employee, on any account, shall be incorporated into the salary for purposes of security contribution and the resulting effects on benefits, in the cases and in the manner provided by law.

Paragraph 5 – No benefit which replaces the contribution salary or work earnings of the insured shall have a monthly value lower than the minimum wage.

Paragraph 6 – The Christmas bonus for the retired and pensioners shall be based on the value of the earnings in the month of December of each year.

Paragraph 7 – Social security shall maintain a collective insurance, of a complementary and optional nature, funded by additional contributions.

Paragraph 8 – Any subsidy or aid from Government to profit-oriented private security entities are forbidden.

Article 202. Retirement is ensured, in the manner prescribed by law, the benefit being calculated on the average of the last thirty-six contribution salaries, after month by month monetary correction, and upon verification of the regularity of the adjustments of the contribution salaries, so as to maintain the real values, and upon compliance with the following conditions:

1. at sixty-five years of age for men and sixty years for women, this age limit being reduced in five years for rural workers of both sexes and for those who exercise their activities within a family production system, therein included the rural producer, the placer miner and the self-employed fisherman:
2. after thirty-five years of work for men, and after thirty years for women, or after a shorter period, if subject to work under special conditions, which may be harmful to health or physical integrity, as defined by law;
3. after thirty years for male teachers and after twenty-five years for female teachers, for actual exercise of the teaching function.

Paragraph 1 – Proportional retirement shall be allowed, after thirty years of work for men and twenty-five years for women.

Paragraph 2 – For purposes of retirement, the reciprocal computation of the period of contribution in public administration and in private activity, either rural or urban, shall be ensured, in which case the various social security systems shall compensate each other financially, in accordance with criteria established by law.

SECTION IV – SOCIAL ASSISTANCE

Article 203. Social assistance shall be rendered to whomever may need it. regardless of contribution to social welfare and shall have as objectives:

1. the protection of the family, maternity, childhood. adolescence and old age:
2. the assistance to needy children and adolescents;
3. the promotion of the integration into the labour market;
4. the habilitation and rehabilitation of the handicapped and their integration into community life:
5. the guarantee of a monthly benefit of one minimum wage to the handicapped and to the elderly who prove their incapability of providing for their own support or having it provided for by their families. as set forth by law.

Article 204. Government actions in the area of social assistance shall be implemented with funds from the social welfare budget, as provided for in article 195, in addition to other sources, and organized on the basis of the following directives:

1. political and administrative decentralization, the coordination and the general rules being incumbent upon the federal sphere, and the coordination and implementation of the respective programmes, upon the state and municipal spheres, as well as upon benevolent and social assistance entities:
2. participation of the population, by means of organizations representing them in the formulation of policies and in the control of actions taken at all levels.

CHAPTER III – EDUCATION. CULTURE AND SPORTS

SECTION I – EDUCATION

Article 205. Education, which is the right of all and duty of the State and of the family, shall be promoted and fostered with the cooperation of society, with a view to the full development of the person, his preparation for the exercise of citizenship and his qualification for work

Article 206. Education shall be provided on the basis of the following principles:

1. equal conditions of access and permanence in school;
2. freedom to learn, teach, research and express thought, art and knowledge;
3. pluralism of pedagogic ideas and conceptions and coexistence of public and private teaching institutions;
4. free public education in official schools:
5. appreciation of the value of teaching professionals, guaranteeing, in accordance with the law, career plans for public school teachers, with a professional minimum salary and admittance exclusively by means of public entrance examinations consisting of tests and presentation of academic and or professional credentials, a single legal regime being insured for all the institutions maintained by the Union:
6. democratic administration of public education, in the manner prescribed by law;
7. guarantee of standards of quality.

*Article 207. The universities shall have didactic, scientific, administrative, financial and property management autonomy and shall comply with the principle of non-dissociation of teaching, research and extension

Paragraph I – The universities are permitted to hire foreign professors, technicians and scientists as provided by law.

Paragraph 2 – The provisions of this article apply to scientific and technological research institutions.

* CA I l /96.

**Article 208. The duty of the State towards education shall be fulfilled by ensuring the following:

1. mandatory and free elementary education, including the assurance of its free offer to all those who did not have access to it at the proper age,
2. progressive universalization of the free high-school education;
3. specialized schooling for the handicapped, preferably in the regular school system;
4. assistance to children of zero to six years of age, in day-care centers and pre-schools;
5. access to higher levels of education, research and artistic creation according to individual capacity;
6. provision of regular night courses adequate to the conditions of the student;
7. assistance to elementary school students by means of supplementary programmes providing school material, transportation. food and health assistance.

Paragraph 1 – The access to compulsory and free education is a subjective public right.

Paragraph 2 – The competent authority shall be liable for the failure of the Government in providing compulsory education or providing it irregularly.

Paragraph 3 – The Government has the power to take a census of elementary school students, call them for enrollment and ensure that parents or guardians see to their children’s attendance to school.

**CA 14/‡~

Article 209. Teaching is open to private enterprise, provided that the following conditions are met:

1. compliance with the general rules of national education;
2. authorization and evaluation of quality by the Government.

Article 210. Minimum curricula shall be established for elementary schools in order to ensure a common basic education and respect for national and regional cultural and artistic values.

Paragraph 1 – The teaching of religion is optional and shall be offered during the regular school hours of public elementary schools.

Paragraph 2 – Regular elementary education shall be given in the Portuguese language and Indian communities shall also be ensured the use of their native tongues and their own learning methods.

*Article 211. The Union, the states, the Federal District and the municipalities shall cooperate in the organization of their educational systems.

Paragraph I – The Union shall organize the federal educational system and that of the Territories, shall finance the federal public educational institutions and shall have, in educational matters, a redistributive and supplementary function, so as to guarantee the equalization of the educational opportunities and a minimum standard of quality of education, through technical and financial assistance to the states, the Federal District and the municipalities.

Paragraph 2 – The municipalities shall act on a priority basis in elementary education and in the education of children.

Paragraph 3 – The states and the Federal District shall act on a priority basis in elementary and secondary education.

Paragraph 4 – In the operation of their educational systems, the states and municipalities shall establish forms of cooperation, so as to guarantee the universalization of the mandatory education. <p>*CA 14/96. *Article 212. The Union shall apply, annually, never less than eighteen percent, and the states, the Federal District, and the municipalities, at least twenty-five percent of the tax revenues, including those resulting from transfers, in the maintenance and development of education.

Paragraph 1 – The share of tax revenues, transferred by the Union to the states, the Federal District and the municipalities, or by the states to the respective municipalities, shall not be considered, for purposes of the calculation provided by this article, as revenues of the government which transfers it.

Paragraph 2 – For purposes of compliance with the caption of this article, the federal, state and municipal educational systems, as well as the funds applied in accordance with article 213 shall be taken into consideration.

Paragraph 3 – In the distribution of public funds, priority shall be given to the providing for the needs of compulsory education, as set forth in the national educational plan.

Paragraph 4 – The supplementary food and health assistance programmes provided by article 208, VII, shall be financed with funds derived from social contributions and other budgetary funds.

Paragraph 5 – The public elementary education shall have, as an additional source of financing, the social contribution for education, collected from companies, as provided by law.

*CA 14/96.

Article 213. Public funds shall be allocated to public schools, and may be channelled to community, religious or philanthropic schools, as defined by law, which

1. prove that they do not seek profit and that they apply their surplus funds in education;
2. ensure that their assets shall be assigned to another community, religious or philanthropic schools, or to the Government in case they cease their activities.

Paragraph 1 – The funds provided by this article may be allocated to elementary and secondary school scholarships, as provided by law, for those who prove insufficiency of means, when there are no vacancies or no regular courses are offered in the public school system of the place where the student lives, the Government being placed under the obligation to invest, on a priority basis, in the expansion of the public system of the locality.

Paragraph 2 – Research and extension activities at university level may receive financial support from the Government

Article 214. The law shall establish the pluriannual national educational plan, with a view to the coordination and development of teaching, at its various levels, and to the integration of the Government actions leading to:

1. eradication of illiteracy;
2. universalization of school assistance;
3. improvement of the quality of education;
4. professional training;
5. humanistic, scientific and technological advancement of the country.

SECTION II – CULTURE

Article 215. The state shall ensure to all the full exercise of the cultural rights and access to the sources of national culture and shall support and foster the appreciation and diffusion of cultural expressions.

Paragraph 1 – The State shall protect the expressions of popular, Indian and Afro-Brazilian cultures, as well as those of other groups participating in the national civilization process.

Paragraph 2 – The law shall provide for the establishment of commemorative dates of high significance for the various national ethnic segments.

Article 216. The Brazilian cultural heritage consists of the assets of a material and immaterial nature, taken individually or as a whole, which bear reference to the identity, action and memory of the various groups that form the Brazilian society, therein included:

1. forms of expression;
2. ways of creating, making and living;
3. scientific, artistic and technological creations;
4. works, objects, documents, buildings and other spaces intended for artistic and cultural expressions;
5. urban complexes and sites of historical, natural, artistic, archaeological, paleontological, ecological and scientific value.

Paragraph 1 – The Government shall, with the cooperation of the community, promote and protect the Brazilian cultural heritage, by means of inventories, registers, vigilance, monument protection decrees, expropriation and other forms of precaution and preservation.

Paragraph 2 – It is incumbent upon the Government, in accordance with the law, to manage the keeping of the governmental documents and to make them available for consultation to whomever may need to do so.

Paragraph 3 – The law shall establish incentives for the production and knowledge of cultural assets and values

Paragraph 4 – Damages and threats to the cultural heritage shall be punished in accordance with the law

Paragraph 5 – All documents and sites bearing historical reminiscence to the ancient communities of runaway slaves are protected as national heritage.

SECTION III – SPORTS

Article 217. It is the duty of the State to foster the practice of formal and informal sports, as a right of each individual, with due regard for:

1. the autonomy of the directing sports entities and associations, as to their organization and operation;
2. the allocation of public funds with a view to promoting, on a priority basis, educational sports and, in specific cases, high performance sports;
3. differentiated treatment for professional and non-professional sports;
4. the protection and fostering of sports created in the country.

Paragraph 1 – The Judicial Power shall only accept legal actions related to sports discipline and competitions after the instances of the sports courts, as regulated by law, have been exhausted.

Paragraph 2 – The sports courts shall render final judgement within sixty days, at the most, counted from the date of the filing of the action.

Paragraph 3 – The Government shall encourage leisure, as a form of social promotion.

CHAPTER IV – SCIENCE AND TECHNOLOGY

Article 218. The State shall promote and foster scientific development, research and technological expertise.

Paragraph 1 – Basic scientific research shall receive preferential treatment from the State, with a view to public well-being and the advancement of science

Paragraph 2 – Technological research shall be directed mainly to the solution of Brazilian problems and to the development of the national and regional productive system.

Paragraph 3 – The State shall support the training of human resources in the areas of science, research and technology and shall offer special work means and conditions to those engaged in such activities.

Paragraph 4 – The law shall support and foster the companies which invest in research, creation of technology appropriate for the country, training and improvement of their human resources and those which adopt remuneration systems that ensure employees a share of the economic earnings rc sulting from the productivity of their work, apart from the salary.

Paragraph 5 – The states and the Federal District may allocate a share of their budgetary revenues to public entities which foster scientific and technological education and research.

Article 219. The domestic market is pan of the national patrimony and shall be supported with a view to permitting cultural and socio-economic development, the well-being of the population and the technological autonomy of the country, as set forth in a federal law.

CHAPTER V – SOCIAL COMMUNICATION

Article 220. The manifestation of thought, the creation, the expression and the information, in any form, process or medium shall not be subject to any restriction, with due regard to the provisions of this constitution.

Paragraph 1 – No law shall contain any provision which may represent a hindrance to full freedom of press in any medium of social communication, with due regard to the provisions of article 5, IV, V, X XIII, and XIV.

Paragraph 2 – Any and all censorship of a political, ideological and artistic nature is forbidden.

Paragraph 3 – It is within the competence of federal laws to:

1. regulate public entertainment and shows, it being incumbent upon the Government to inform on their nature, the age brackets they are not recommended for and places and times unsuitable for their exhibition:
2. establish legal means which afford persons and families the possibilities of defending themselves against radio and television programmes and schedules which go contrary to the provisions of article 221, as well as against publicity of products, practices and services which may be harmful to health or to the environment.

Paragraph 4 – Commercial advertising of tobacco, alcoholic beverages, pesticides, medicines and therapies shall be subject to legal restrictions, in accordance with item II of the preceding paragraph and shall contain, whenever necessary, a warning concerning the damages which may be caused by their use.

Paragraph 5 – Social communication media may not, directly or indirectly, be subject to monopoly or oligopoly.

Paragraph 6 – The publication of a printed social communication medium shall not depend on license from authorities.

Article 221. The production and programming of radio and television stations shall comply with the following principles:

1. preference to educational, artistic, cultural and informative purposes;
2. promotion of national and regional culture and fostering of independent productions aimed at their diffusion;
3. regional differentiation of cultural, artistic and press production, according to percentages established by the law;
4. respect for the ethical and social values of the person and the family.

Article 222. Newspapers and sound broadcasting companies, or sound and image broadcasting companies shall be owned exclusively by native Brazilians or those naturalized for more than ten years, who shall be responsible for their management and intellectual orientation.

Paragraph 1 – Legal entities shall not participate in the capital stock of journalistic and radio broadcasting companies, except for political parties and for corporations whose capital is exclusively and nominally owned by Brazilians.

Paragraph 2 – The participation referred to in the preceding paragraph may only take place through non-voting capital and shall not exceed thirty percent of the capital stock.

Article 223. The Executive Power has the authority to grant and renew concession, permission and authorization for radio broadcasting and sound and image broadcasting services with due regard to the principle of the complementary roles of private, public and state systems.

Paragraph 1 – The National Congress shall consider such proposition in the period of time set forth in article 64, paragraphs 2 and 4. counted from the date of receipt of the message.

Paragraph 2 – The non-renewal of the concession or permission shall depend on approval by at least two-fifths of the National Congress. in nominal voting.

Paragraph 3 – The granting or renewal shall only produce legal effects after approval by the National Congress, as set forth in the preceding paragraphs.

Paragraph 4 – Cancellation of a concession or permission prior to its expiring date shall depend on a court decision

Paragraph 5 – The term for a concession or permission shall be ten years for radio stations and fifteen years for television channels.

Article 224. For the purposes of the provisions of this chapter. the National Congress shall institute, as an auxiliary agency; the Social Communication Council, in the manner prescribed by law.

CHAPTER VI – ENVIRONMENT

Article 225. All have the right to an ecologically balanced environment. which is an asset of common use and essential to a healthy quality of life, and both the Government and the community shall have the duty to defend and preserve it for present and future generations.

Paragraph 1 – In order to ensure the effectiveness of this right, it is incumbent upon the Government to:

1. preserve and restore the essential ecological processes and provide for the ecological treatment of species and ecosystems;
2. preserve the diversity and integrity of the genetic patrimony of the country and to control entities engaged in research and manipulation of genetic material:
3. define, in all units of the Federation, territorial spaces and their components which are to receive special protection. any alterations and suppressions being allowed only by means of law, and any use which may harm the integrity of the attributes which justify their protection being forbidden:
4. demand. in the manner prescribed by law, for the installation of works and activities which may potentially cause significant degradation of the environment, a prior environmental impact study, which shall be made public;
5. control the production, sale and use of techniques, methods or substances which represent a risk to life, the quality of life and the environment;
6. promote environment education in all school levels and public awareness of the need to preserve the environment;
7. protect the fauna and the flora, with prohibition, in the manner prescribed by law, of all practices which represent a risk to their ecological function, cause the extinction of species or subject animals to cruelty.

Paragraph 2 – Those who exploit mineral resources shall be required to restore the degraded environment, in accordance with the technical solutions demanded by the competent public agency, as provided by law.

Paragraph 3 – Procedures and activities considered as harmful to the environment shall subject the infractors, be they individuals or legal entities, to penal and administrative sanctions, without prejudice to the obligation to repair the damages caused.

Paragraph 4 – The Brazilian Amazonian Forest, the Atlantic Forest, the Serra do Mar, the Pantanal Mato-Grossense and the coastal zone are part of the national patrimony, and they shall be used, as provided by law, under conditions which ensure the preservation of the environment, therein included the use of mineral resources.

Paragraph 5 – The unoccupied lands or lands seized by the states through discriminatory actions which are necessary to protect the natural ecosystems are inalienable.

Paragraph 6 – Power plants operated by nuclear reactor shall have their location defined in federal law and may not otherwise be installed.

CHAPTER VII – FAMILY, CHILDREN, ADOLESCENTS AND THE ELDERLY

Article 226. The family, which is the foundation of society, shall enjoy special protection from the State.

Paragraph 1 – Marriage is civil and the marriage ceremony is free of charge.

Paragraph 2 – Religious marriage has civil effects, in accordance with the law.

Paragraph 3 – For purposes of protection by the State, the stable union between a man and a woman is recognized as a family entity, and the law shall facilitate the conversion of such entity into marriage.

Paragraph 4 – The community formed by either parent and their descendants is also considered as a family entity.

Paragraph 5 – The rights and the duties of marital society shall be exerci sed equally by the man and the woman.

Paragraph 6 – Civil marriage may be dissolved by divorce, after prior legal separation for more than one year in the cases set forth by law, or after two years of proven de facto separation.

Paragraph 7 – Based on the principles of human dignity and responsible parenthood, family planning is a free choice of the couple, it being within the competence of the State to provide educational and scientific resources for the exercise of this right, any coercion by official or private agencies being forbidden.

Paragraph 8 – The State shall ensure assistance to the family in the person of each of its members, creating mechanisms to suppress violence within the family.

Article 227. It is the duty of the family, the society and the State to ensure children and adolescents, with absolute priority, the right to life, health, nourishment, education, leisure, professional training, culture, dignity, respect, freedom and family and community life, as well as to guard them from all forms of negligence, discrimination, exploitation, violence, cruelty and oppression.

Paragraph 1 – The State shall promote full health assistance programmes for children and adolescents, the participation of non-governmental entities being allowed, and with due regard to the following precepts:

1. allocation of a percentage of public health care funds to mother and child assistance;
2. creation of preventive and specialized care programmes for the physically, sensorially or mentally handicapped, as well as programmes for the social integration of handicapped adolescents, by means of training for a profession and for community life, and by means of facilitating the access to communal facilities and services, by eliminating prejudices and architectonic obstacles.

Paragraph 2 – The law shall regulate construction standards for public sites and buildings and for the manufacturing of public transportation vehicles, in order to ensure adequate access to the handicapped.

Paragraph 3 – The right to special protection shall include the following aspects:

1. minimum age of fourteen years for admission to work, with due regard to the provisions of article 7, XXXIII;
2. guarantee of social security and labour rights;
3. guarantee of access to school for the adolescent worker;
4. guarantee of full and formal knowledge of the determination of an offense, equal rights in the procedural relationships and technical defense by a qualified professional, in accordance with the provisions of the specific protection legislation;
5. compliance with the principles of brevity, exceptionality and respect to the peculiar conditions of the developing person, when applying any measures that restrain freedom;
6. Government fostering, by means of legal assistance, tax incentives and subsidies, as provided by law, of the protection, through guardianship, of orphaned or abandoned children or adolescents;
7. prevention and specialized assistance programmes for children and adolescents addicted to narcotics or related drugs.

Paragraph 4 – The law shall severely punish abuse, violence and sexual exploitation of children and adolescents.

Paragraph 5 – Adoption shall be assisted by the Government, as provided by law, which shall establish cases and conditions for adoption by foreigners.

Paragraph 6 – Children born inside or outside wedlock or adopted shall have the same rights and qualifications, any discriminatory designation of their filiation being forbidden.

Paragraph 7 – In attending to the rights of children and adolescents, the provisions of article 204 shall be taken into consideration.

Article 228. Minors under eighteen years of age may not be held criminally liable and shall be subject to the rules of the special legislation.

Article 229. It is the duty of parents to assist, raise and educate their under- age children and it is the duty of children of age to help and assist their parents in old-age, need or sickness.

Article 230. It is the duty of the family, society and the State, to assist the elderly, ensuring their participation in the community, defending their dignity and well-being and guaranteeing their right to life.

Paragraph 1 – Assistance programmes for the elderly shall be carried out preferably within their homes.

Paragraph 2 – Those over sixty-five years of age are guaranteed free urban public transportation.

CHAPTER VIII – INDIANS

Article 231. Indians shall have their social organization, customs, languages. creeds and traditions recognized, as well as their original rights to the lands they traditionally occupy, it being incumbent upon the Union to demarcate them, protect and ensure respect for all of their property.

Paragraph 1 -Lands traditionally occupied by Indians are those on which they live on a permanent basis, those used for their productive activities, those indispensable to the preservation of the environmental resources necessary for their well-being and for their physical and cultural reproduction, according to their uses, customs and traditions.

Paragraph 2 – The lands traditionally occupied by Indians are intended for their permanent possession and they shall have the exclusive usufruct of the riches of the soil, the rivers and the lakes existing therein.

Paragraph 3 – Hydric resources, including energetic potentials, may only be exploited, and mineral riches in Indian land may only be prospected and mined with the authorization of the National Congress, after hearing the communities involved, and the participation in the results of such mining shall be ensured to them, as set forth by law.

Paragraph 4 – The lands referred to in this article are inalienable and indisposable and the rights thereto are not subject to limitation.

Paragraph 5 – The removal of Indian groups from their lands is forbidden. except ad referendum of the National Congress, in case of a catastrophe or an epidemic which represents a risk to their population, or in the interest of the sovereignty of the country, after decision by the National Congress, it being guaranteed that, under any circumstances, the return shall be immediate as soon as the risk ceases.

Paragraph 6 – Acts with a view to occupation, domain and possession of the lands referred to in this article or to the exploitation of the natural riches of the soil, rivers and lakes existing therein, are null and void, producing no legal effects, except in case of relevant public interest of the Union, as provided by a supplementary law and such nullity and voidness shall not create a right to indemnity or to sue the Union, except in what concerns improvements derived from occupation in good faith, in the manner prescribed by law.

Paragraph 7 – The provisions of article 174, paragraphs 3 and 4, shall not apply to Indian lands.

Article 232. The Indians, their communities and organizations have standing under the law to sue to defend their rights and interests, the Public Prosecution intervening in all the procedural acts.

TITLE VII – THE ECONOMIC AND FINANCIAL ORDER

CHAPTER I – THE GENERAL PRINCIPLES OF THE ECONOMIC ACTIVITY

*Article 170. The economic order, founded on the appreciation of the value of human work and on free enterprise, is intended to ensure everyone a life with dignity, in accordance with the dictates of social justice, with due regard for the following principles

1. national sovereignty;
2. private property;
3. the social function of property;
4. free competition;
5. consumer protection;
6. environment protection;
7. reduction of regional and social differences;
8. pursuit of full employment;
9. preferential treatment for small enterprises organized under Brazilian laws and having their head-office and management in Brazil.

Sole paragraph – Free exercise of any economic activity is ensured to everyone, regardless of authorization from government agencies, except in the cases set forth bv law.

————–
*CA 6/95.

*Article l7l. (revoked).

Article 172. The law shall regulate, based on national interests, the foreign capital investments, shall encourage reinvestments and shall regulate the remittance of profits.

Article 173. With the exception of the cases set forth in this Constitution, the direct exploitation of an economic activity by the State shall only be allowed whenever needed to the imperative necessities of the national security or to a relevant collective interest, as defined by law.

Paragraph l – The public company, the mixed-capital company and other entities engaged in economic activities are subject to the specific legal system governing private companies, including labour and tax liabilities.

Paragraph 2 – The public companies and the mixed-capital companies may not enjoy fiscal privileges which are not extended to companies of the private sector.

Paragraph 3 – The law shall regulate the relationships of public companies with the State and society.

Paragraph 4 – The law shall repress the abuse of economic power that aims at the domination of markets, the elimination of competition and the arbitrary increase of profits.

Paragraph 5 – The law shall, without prejudice to the individual liability of the managing officers of a legal entity, establish the liability of the latter, subjecting it to punishments compatible with its nature, for acts performed against the economic and financial order and against the citizens’ monies.

Article 174. As the normative and regulating agent of the economic activity, the State shall, in the manner set forth by law, perform the functions of control, incentive and planning, the latter being binding for the public sector and indicative for the private sector.

Paragraph I – The law shall establish the guidelines and bases for planning of the balanced national development, which shall embody and make compatible the national and regional development plans.

Paragraph 2 – The law shall support and encourage cooperative activity and other forms of association

Paragraph 3 – The State shall favour the organization of the placer-mining activity in cooperatives, taking into account the protection of the environment and the social-economic furthering of the placer-miners.

Paragraph 4 – The cooperatives referred to in the preceding paragraph shall have priority in obtaining authorization or grant for prospecting and mining of placer resources and deposits in the areas where they are operating and in those established in accordance with article 21, XXV, as set forth bv law.

Article 175. It is incumbent upon the Government, as set forth by law, to provide public utility services, either directly or by concession or permission, which will always be through public bidding.

Sole paragraph – The law shall provide for:

1. the operating rules for the public service concession- or permission- holding companies, the special nature of their contract and of the extension thereof, as well as the conditions of forfeiture, control and termination of the concession or permission;
2. the rights of the users;
3. tariff policy;
4. the obligation of maintaining adequate service.

*Article 176. Mineral deposits, under exploitation or not, and other mineral resources and the hydraulic energy potentials form, for the purpose of exploitation or use, a property separate from that of the soil and belong to the Union, the concessionaire being guaranteed the ownership of the mined product.

Paragraph I – The prospecting and mining of mineral resources and the utilization of the potentials mentioned in the caption of this article may only take place with authorization or concession by the Union, in the national interest, by Brazilians or by a company organized under Brazilian laws and having its head-office and management in Brazil, in the manner set forth bv law, which law shall establish specifi c conditions when such activities are to be conducted in the boundary zone or on Indian lands.

Paragraph 2 – The owner of the soil is ensured of participation in the results of the mining operation, in the manner and amount as the law shall establish.

Paragraph 3 – Authorization for prospecting shall always be for a set period of time and the authorization and concession set forth in this article may not be assigned or transferred, either in full or in part, without the prior consent of the conceding authority.

Paragraph 4 – Exploitation of a renewable energy potential of small capacity shall not require an authorization or concession.

—————–
* CA 6/95.

**Article 177. The following are the monopoly of the Union:

1. prospecting and exploitation of deposits of petroleum and natural gas and of other fluid hydrocarbons;
2. refining of domestic or foreign petroleum;
3. import and export of the products and basic by-products resulting from the activities set forth in the preceding items:
4. ocean transportation of crude petroleum of domestic origin or of basic petroleum by-products produced in the country, as well as pipeline transportation of crude petroleum, its by-products and natural gas of any origin;
5. prospecting, mining, enrichment, reprocessing, industrialization and trading of nuclear mineral ores and minerals and their by-products.

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

Paragraph 2 – The law referred to in paragraph I shall provide for:

1. a guarantee of supply af petroleum products in the whole national territory;
2. the conditions of contracting;
3. the structure and duties of the regulatory agency of the monopoly of the Union.

Paragraph 3 – The law shall provide with respect to the transportation and use of radioactive materials within the national territory.

—————–
** CA 9/95.

*Article 178. The law shall provide for the regulation of air, water and ground transportation, and it shall, in respect to the regulation of international transportation, comply with the agreements entered into by the Union, with due regard to the principle of reciprocity.

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

—————-
* CA 7/95.

Article 179. The Union, the states, the Federal District and the municipalities shall afford micro-enterprises and small enterprises, as defined by law, differentiated legal treatment, seeking to further them through simplification of their administration, tax, social security and credit obligations or through elimination or reduction thereof by means of law.

Article 180. The Union, the states, the Federal District and the municipalities shall promote and further tourism as a factor of social and economic development.

Article 181. Compliance with request for a document or for information of commercial nature, made by a foreign administrative or judicial authority to an individual or legal entity residing or domiciled in the country shall depend upon authorization from the competent authority.

CHAPTER II – URBAN POLICY

Article 182. The urban development policy carried out by the municipal government, according to general guidelines set forth in the law, is aimed at ordaining the full development of the social functions of the city and ensuring the well-being of its inhabitants.

Paragraph 1 – The master plan, approved by the City Council, which is compulsory for cities of over twenty thousand inhabitants, is the basic tool of the urban development and expansion policy.

Paragraph 2 – Urban property performs its social function when it meets the fundamental requirements for the ordainment of the city as set forth in the master plan.

Paragraph 3 – Expropriation of urban property shall be made against prior and fair compensation in cash.

Paragraph 4 – The municipal government may, by means of a specific law, for an area included in the master plan, demand, according to federal law, that the owner of unbuilt, underused or unused urban soil provide for adequate use thereof, subject, sucessively, to:

1. compulsory parceling or construction;
2. rates of urban property and land tax that are progressive in time;
3. expropriation with payment in public debt bonds issued with the prior approval of the Federal Senate, redeemable within up to ten years, in equal and successive annual installments, ensuring the real value of the compensation and the legal interest.

Article 183. An individual who possesses an urban area of up to two ,hundred and fifty square meters, for five years, without interruption or opposition, using it as his or as his family’s home, shall acquire domain of it, provided that he does not own any other urban or rural property.

Paragraph 1 – The deed of domain and concession of use shall be granted to the man or woman, or both, regardless of their marital status.

Paragraph 2 – This right shall not be recognized for the same holder more than once.

Paragraph 3 – Public real estate shall not be acquired by prescription.

CHAPTER III – AGRICULTURAL AND LAND POLICY AND AGRARIAN REFORM

Article 184. It is within the power of the Union to expropriate on account of social interest, for purposes of agrarian reform, the rural property which is not performing its social function, against prior and fair compensation in agrarian debt bonds with a clause providing for maintenance of the real value, redeemable within a period of up to twenty years computed as from the second year of issue, and the use of which shall be defined in the law.

Paragraph I – Useful and necessary improvements shall be compensated in cash.

Paragraph 2 – The decree declaring the property as being of social interest for agrarian reform purposes empowers the Union to start expropriation action.

Paragraph 3 – It is incumbent upon a supplementary law to establish special summary adversary proceeding for expropriation action.

Paragraph 4 – The budget shall determine each year the total volume of agrarian debt bonds, as well as the total amount of funds to meet the agrarian reform programme in the fiscal year.

Paragraph 5 – The transactions of transfer of property expropriated for agrarian reform purposes are exempt from federal, state and municipal taxes.

Article 185. Expropriation of the following for agrarian reform purposes is not permitted:

1. small and medium-size rural property, as defined by law, provided its owner does not own other property;
2. productive property.

Sole paragraph – The law shall guarantee special treatment for the productive property and shall establish rules for the fulfilment of the requirements regarding its social function.

Article 186. The social function is. met when the rural property complies simultaneously with, according to the criteria and standards prescribed by law, the following requirements:

1. rational and adequate use;
2. adequate use of available natural resources and preservation of the environment;
3. compliance with the provisions that regulate labour relations;
4. exploitation that favours the well-being of the owners and labourers.

Article 187. The agricultural policy shall bc planned and carried out as established by law, with the effective participation of the production sector, comprising producers and rural workers, as well as the marketing, storage and transportation sectors, with especial consideration far

1. the credit and fiscal mechanisms;
2. prices compatible with production costs and the guarantee of marketing;
3. research and technology incentives;
4. technical assistance and rural extension;
5. agricultural insurance;
6. cooperative activity;
7. rural electricity and irrigation systems;
8. housing for the rural workers.

Paragraph 1 – Agricultural planning includes agroindustrial, stock raising, fishing and forestry activities.

Paragraph 2 – Agricultural policy and agrarian reform actions shall be made compatible.

Article 188. The destination given to public and unoccupied lands shall be made compatible with the agricultural policy and the national agrarian reform plan.

Paragraph l – The alienation or concession in any way of public lands with an area of more than two thousand and five hundred hectares to an individual or legal entity, even if through an intermediary, shall depend on the prior approval of the National Congress.

Paragraph 2 – Alienations or concessions of public lands for agrarian reform purposes are excluded from the provisions of the preceding paragraPh.

Article 189. The beneficiaries of distribution of rural land through agrarian reform shall receive title-deeds or concession of use which may not be transacted for a period of ten years.

Sole paragraph – The title-deed and the concession of use shall be granted to the man or the woman, or to both, irrespective of their marital status, according to the terms and conditions set forth by law.

Article 190. The law shall regulate and limit the acquisition or lease of rural property by a foreign individual or legal entity, and shall establish the cases that shall depend on authorization by the National Congress.

Article 191. The individual who, not being the owner of rural or urban property, holds as his own, for five uninterrupted years, without opposition, an area of land in the rural zone, not exceeding fifty hectares, making it productive with his labour or that of his family, and having his dwelling thereon, shall acquire ownership of the land.

Sole paragraph – The public real estate shall not be acquired by prescription.

CHAPTER IV – THE NATIONAL FINANCIAL SYSTEM

*Article 192. The national financial system, structured to promote the balanced development of the country and to serve the collective interests, shall be regulated by a supplementary law which shall also provide for:

1. authorization for the operation of financial institutions, it being ensured the access of the official and private banks to all the instruments of the banking financial market, such institutions being prohibited from taking part in activities not provided for in the authorization mentioned in this item;
2. authorization and operation of insurance, reinsurance, social security and capitalization companies, as well as of the supervising agency;
3. conditions for the participation of foreign capital in the institutions to which the preceding items refer to, considering especially:
1. the national interests;
2. the international agreements;
4. organization, operation and duties of the central bank and other public and private financial institutions;
5. requirements for the appointment of members of the board of directors of the central bank and other financial institutions, as well as their impediments after leaving office;
6. creation of a fund or insurance, for the purpose of protecting the citizens’ monies, guaranteeing credits, investments and deposits up to a certain amount, it being forbidden the participation of funds of the Union;
7. the restrictive criteria of the transfer of savings from regions with income below the national average to others of greater development;
8. the operation of credit cooperatives and the requirements for them to obtain operational and structural conditions characteristic of financial institutions.

Paragraph 1 – The authorization referred to in items I and 1I shall be non- negotiable and non-transferable, it being allowed the transfer of control of the incumbent legal entity, and shall be granted, free of charge, according to the national financial system law, to a legal entity whose directors are technically capable and of spotless reputation and which proves that its economic capacity is compatible with the undertaking.

Paragraph 2 – The financial resources relating to regional programmes and projects under the responsibility of the Union shall be deposited at their regional credit institutions and invested by them.

Paragraph 3 – Real interest rates, including commissions and any other compensation directly or indirectly related to the concession of credit, shall not exceed twelve percent per annum; charges above this limit shall be considered crime of usury, which shall be punished in all of its forms, as the law shall determine.

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*CA 13/96

TITLE VI – TAXATION AND BUDGET

CHAPTER I – THE NATIONAL TAX SYSTEM

SECTION I – GENERAL PRINCIPLES

Article 145. The Union, the states, the Federal District and the municipalities may institute the following tributes:

1. taxes;
2. fees, by virtue of the exercise of police power or for the effective or potential use of specific and divisible public services, rendered to the taxpayer or made available to him
3. benefit charges, resulting from public works.

Paragraph 1 – Whenever possible, taxes shall have an individual character and shall be graded according to the economic capacity of the taxpayer, and the tax administration may, especially to confer effectiveness upon such objectives, with due respect to individual rights and under the terms of the law, identify the property, the incomes and the economic activities of the taxpayer.

Paragraph 2 – Fees may not have the assessment basis reserved for taxes.

Article 146. A supplementary law shall:

1. provide for conflicts of competence concerning tax matters between the Union, the states, the Federal District and the municipalities:
2. regulate the constitutional limitations on the power to tax;
3. establish general rules concerning tax legislation, especially with regard to:
1. the definition of tributes and their types, as well as, regarding the taxes specified in this Constitution, the definition of the respective taxable events, assessment bases and taxpayers:
2. tax liability, assessment, credit, limitation and laches;,
3. adequate tax treatment for the cooperative acts of cooperative associations.

Article 147. In a federal territory, state taxes are within the competence of the Union and, if the territory is not divided into municipalities, also municipal taxes; municipal taxes are within the competence of the Federal District.

Article 148. The Union may, by means of a supplementary law, institute compulsory loans:

1. to meet extraordinary expenses resulting from public calamity, foreign war or the imminence thereof;
2. in the case of public investment of an urgent nature and relevant national interest, observing the provisions of article 150, III, b.

Sole paragraph – The use of funds deriving from a compulsory loan shall be linked to the expense that justified the institution thereof.

Article 149. The Union shall have the exclusive competence to institute social contributions regarding intervention in the economic order and the interest of categories of employees or employers, as an instrument of its activity in the respective areas, observing the provisions of articles 146, III, and 150, I and III, and without prejudice to the provisions of article 195, paragraph 6, as regards the contributions mentioned in the latter article.

Sole paragraph – The states, the Federal District and the municipalities may institute a contribution payable by their employees to fund social security and assistance systems for the benefit of the latter.

SECTION II – LIMITATIONS ON THE POWER TO TAX

Article 150. Without prejudice to any other guarantees ensured to the taxpayers, the Union, the states, the Federal District and the municipalities are forbidden to:

1. impose or increase a tribute without a law to establish it;
2. institute unequal treatment. ent for taxpayers who are in an equivalent situation, it being forbidden to establish any distinction by reason of professional occupation or function performed by them, independently of the juridical designation of their incomes, titles or rights;
3. collect tributes:
1. for taxable events that occurred before the law which instituted or increased such tributes came into force;
2. in the same fiscal year in which the law which instituted or increased such tributes was published;
4. use a tribute for the purpose of confiscation;
5. establish limitations on the circulation of persons or goods, by means of interstate or intermunicipal tributes, except for the collection of toll fees for the use of highways maintained by the Government;
6. institute taxes on:
1. the property, income or services of one another;
2. temples of any denomination;
3. the property, income or services of political parties, including their foundations, of worker unions, of non-profit education and social assistance institutions, observing the requirements of the law;
4. books, newspapers, periodicals and the paper intended for the printing thereof.

Paragraph 1 – The prohibition set forth in item III, b, shall not apply to the taxes provided upon in articles 153, I, II, IV and V, and 154, II.

Paragraph 2 – The prohibition set forth in item VII a, extends to the autonomous government agencies and to the foundations instituted and maintained by the Government, as regards the property, income and services related to their essential purposes or resulting therefrom.

Paragraph 3 – The prohibitions set forth in item VI, a, and in the preceding paragraph do not apply to the property, income and services related to the exploitation of economic activities governed by the regulations which apply to private undertakings, or in which users pay consideration or prices or tariffs. nor exempt a promissory purchaser of real property from the obligation to pay tax thereon.

Paragraph 4 – The prohibitions set forth in item VI, subitems b and c encompass only the property, income and services related to the essential purposes of the entities mentioned therein.

Paragraph 5 – The law shall determine measures for consumers to be informed about taxes levied on goods and services.

Paragraph 6 – Any subsidy or exemption, reduction of assessment basis concession of presumed credit, amnesty or remission, related to taxes, fees or contributions, may only be granted by means of a specific federal, state or municipal law, which provides exclusively for the above-enumerated matters or the corresponding tax, fee or contribution, without prejudice to the provisions of article 155, paragraph 2, item XII, g.

Paragraph 7 – The law may impose upon the taxpayer the burden af the] payment of a tax or contribution. s hose taxable event X ill occur later, the immediate and preferential restitution of the amount paid being ensure;;? in case the presumed taxable event does nat occur

Article 151. It is forbidden for the Union:

1. to institute a tribute which is not uniform throughout the entire national territory or which implies a distinction or preference regarding a state, the Federal District or a municipality to the detriment of another, it being allowed to grant tax incentives for the purpose of promoting the balanced social and economic development of the various regions of the country;
2. to tax income from public debt bonds of the states, of the Federal District and of the municipalities, as well as the remuneration and earnings of the respective public agents, at levels above those established for its own bonds and agents;
3. to institute exemptions from tributes within the powers of the states, of the Federal District or of the municipalities.

Article 152. The states, the Federal District and the municipalities are forbidden to establish a tax difference between goods and services of any nature, by reason of their origin or destination.

SECTION III – FEDERAL TAXES

Article 153. The Union shall have the power to institute taxes on:

1. importation of foreign products;
2. exportation to other countries of national or nationalized products;
3. income and earnings of any nature; I
4. industrialized products;
5. credit, foreign exchange and insurance transactions, or transactions relating to bonds or securities;
6. rural property;
7. large fortunes, under the terms of a supplementary law.

Paragraph l – The Executive Power may, observing the conditions and the limits established in law, alter the rates of the taxes enumerated in items I, II, IV and V.

Paragraph 2 – The tax established in item III:

1. shall be based on the criteria of generality, universality and progressives, under the terms of the law:
2. shall not be levied, under the terms and within the limits established in law, on income deriving from retirement and pension paid by the social security system of the Union, of the states, of the Federal District and of the municipalities, to a person over sixty-five years of age, whose total income consists exclusively of work earnings.

Paragraph 3 – The tax established in item IV:

1. shall be selective, based on the essentiality of the product;
2. shall be non-cumulative, and the tax due in each transaction shall be compensated by the amount charged in previous transactions
3. shall not be levied on industrialized products intended for export.

Paragraph 4 – The tax established in item VI shall have its rates determined in such a manner as to discourage the retention of unproductive real property and shall not be levied on small tracts of land, as defined in law, when a proprietor who owns no other real property explores them by himself or with his family.

Paragraph 5 – Gold, when defined in law as a financial asset or an exchange instrument, is subject exclusively to the tax established in item V of the caption of the present article, due on the original transaction; the minimum rate shall be one per cent, and the transference of the amount collected is ensured under the following terms:

1. thirty per cent to the state, the Federal District or the territory, depending on the origin;
2. seventy per cent to the municipality of origin.

Article 154. The Union may institute:

1. by means of a supplementary law, taxes not instituted in the preceding article, provided that they are non-cumulative and not founded on a taxable event or an assessment basis reserved for the taxes specified in this Constitution;
2. in the imminence or in the event of foreign war, extraordinary taxes, encompassed or not by its power to tax, which shall be gradually suppressed when the causes for their institution have ceased.

SECTION IV – STATE AND FEDERAL DISTRICT TAXES

Article 155. The states and the Federal District shall have the competence to institute taxes on:

1. transfer by death and donation of any property or rights:
2. transactions relating to the circulation of goods and to the rendering of interstate and intermunicipal transportation services and services of communication, even when such transactions and renderings begin abroad;
3. ownership of automotive vehicles.

Paragraph 1 – The tax established in item I:

1. regarding real property and the respective rights, is within the competence of the state where the property is located, or of the Federal District;
2. regarding bonds, titles and credits, is within the competence of the Federal District or of the state where the probate or enrollment is processed, or where the donor is domiciled;
3. a supplementary law shall regulate the competence for the institution of such tax:
1. if the donor is domiciled or residing abroad;
2. if the deceased owned property, was resident or domiciled or had his probate processed abroad;
4. the Federal Senate shall establish the maximum rates for such tax.

Paragraph 2 – The tax established in item II shall observe the following:

1. it shall be non-cumulative, and the tax due in each transaction concerning the circulation of goods or rendering of services shall be compensated by the amount charged in the previous transactions by the same or by another state or by the Federal District;
2. exemption or non-levy, except as otherwise determined in the law
1. shall not imply credit for compensation relative to the amount due in the subsequent transactions or renderings of services;
2. shall cause the annulment of the credit for the previous transactions;
3. it may be selective, based on the essentiality of the goods or services;
4. a resolution of the Federal Senate, on the initiative of the President of the Republic or of one-third of the Senators, approved by the absolute majority of its members, shall establish the rates that apply to interstate and export transactions and rendering of services;
5. the Federal Senate may:
1. establish minimum rates for domestic transactions, by means of a resolution on the initiative of one-third and approved by the absolute majority of its members;
2. establish maximum rates for the same transactions to settle a specific conflict involving the interest of the states, by means of a resolution on the initiative of the absolute majority and approved by two-thirds of its members:
6. unless otherwise determined by the states and the Federal District, under the terms of the provisions of item XII, g, the domestic rates for transactions concerning the circulation of goods and the rendering of services may not be lower than those established for interstate transactions;
7. the following shall be adopted for transactions and rendering of goods and services to end-users located in another state
1. the interstate rate, when it is incumbent upon the recipient to pay that tax
2. the internal rate, when it is not incumbent upon the recipient to pay that tax;
8. in the case of subitem a of the preceding item, the tax corresponding to the difference between the internal and the interstate rate shall be attributed to the state where the recipient is located
9. it shall also be levied
1. on the entry of goods imported from abroad, even in the case of goods intended for consumption or for the fixed assets of the establishment, as well as on services rendered abroad, and the tax shall be attributed to the state where the establishment receiving the goods or services is located;
2. on the total value of the transaction, when goods are supplied with services not included in the power to tax of the municipalities
10. it shall not be levied
1. on transactions transferring industrialized products abroad excluding semi-finished products as defined in a supplementary law
2. on transactions transferring petroleum, including lubricants liquid and gaseous fuels derived therefrom, and electric energy to other states
3. on gold, in the cases defined in article 153, paragraph 5
11. its assessment basis shall not include the amount of the tax on industrialized products when the transaction carried out bets ween taxpayers and concerning a product intended for industrialization or sale represents a taxable event for both taxes
12. A supplementary law shall
1. define its taxpayers;
2. provide for tax substitution;
3. regulate the system of tax compensation
4. establish, for purposes of collection of the tax and definition of the responsible establishment, the location of the transactions concerning the circulation of goods and the rendering of services;
5. exclude from levy of the tax, in exports to other countries, services and other products other than those mentioned in item X, a;
6. provide for the event of maintenance of a credit for services and goods remitted to another state and exported to other countries;
7. regulate the manner in which, through deliberation by the states and the Federal District, tax exemptions, incentives and benefits shall be granted and revoked.

Paragraph 3 – With-the exception of the taxes mentioned in item II of the caption of the present article, and article 153, I and II, no other tribute may be levied on transactions concerning electric energy, telecomrnunications services, petroleum by-products, fuels and minerals of the country.

SECTION V – MUNICIPAL TAXES

Article 156. The municipalities shall have the competence to institute taxes on:

1. urban buildings and urban land property;
2. inter vivos transfer, on any account, by onerous acts, of real property, by nature or physical accession, and of real rights to property, except for real security, as well as the assignment of rights to the purchase thereof;
3. services of any nature not included in article 155, II, as defined in a supplementary law.

Paragraph 1 – The tax set forth in item I may be progressive, under the terms of a municipal law, in order to ensure achievement of the social function of the property.

Paragraph 2 – The tax set forth in item II:

1. shall not be levied on the transfer of goods or rights incorporated into the assets of a corporate body to pay up its capital, nor on the transfer of goods or rights resulting from the merger, incorporation, division or dissolution of corporate bodies, unless, in such cases, the predominant activity of the purchaser is the purchase and sale of such goods or rights, the lease of real property or leasing;
2. is within the competence of the municipality where the property is located.

Paragraph 3 – As regards the tax established in item III, a supplementary law shall:

1. establish its maximum rates;
2. exclude exportations of services to other countries from levy of the said tax.

SECTION VI – TAX REVENUE SHARING

Article 157. The following shall be assigned to the states and to the Federal District:

1. the proceeds from the collection of the federal tax on income and earnings of any nature, levied at source on income paid on any account by them, by their autonomous government entities and by the foundations they institute and maintain;
2. twenty per cent of the proceeds from the collection of the tax that the Union may institute in the exercise of the powers conferred on it by article 154, I.

Article 158. The following shall be assigned to the municipalities:

1. the proceeds from the collection of the federal tax on income and earnings of any nature, levied at source on income paid on any account by them, by their autonomous government entities and by the foundations they institute and maintain;
2. fifty per cent of the proceeds from the collection of the federal tax on rural property, concerning real property located in the municipalities;
3. fifty per cent of the proceeds from the collection of the state tax on the ownership of automotive vehicles licensed in the municipalities;
4. twenty-five per cent of the proceeds from the collection of the state tax on transactions regarding the circulation of goods and on rendering of interstate and intermunicipal transportation services and services of communication.

Sole paragraph – The revenue portions assigned to the municipalities, as mentioned in item IV, shall be credited in accordance with the following criteria:

1. at least three-fourths, in proportion to the value added in the transactions regarding the circulation of goods and the rendering of services carried out in the territory of the municipalities;
2. up to one-quarter, in accordance with the provisions of a state law or, in the case of the territories, of a federal law.

Article l59. The Union shall remit

1. of the proceeds from the collection of taxes on income and earnings of any nature and on industrialized products, forty-seven per cent as follows:
1. twenty-one and a half of one per cent to the Revenue Sharing Fund of the States and of the Federal District;
2. twenty-two and a half of one per cent to the Revenue Sharing Fund of the Municipalities;
3. three per cent, for application in programs to finance the productive sector of the North, Northeast and Centre-West Regions, through their regional financial institutions, in accordance with regional development plans, the semi-arid area of the Northeast being ensured of half of the funds intended for that Region, as provided by law;
2. of the proceeds from the collection of the tax on industrialized products, ten per cent to the states and to the Federal District, in proportion to the value of the respective exportations of industrialized products.

Paragraph 1 – For purposes of calculating the amount to be remitted in accordance with the provisions in item I, the portion of the collected tax on income and earnings of any nature assigned to the states, to the Federal District and to the municipalities shall be excluded, as provided by articles 157, I, and 158, I.

Paragraph 2 – No federated unit may be allocated a portion in excess of twenty per cent of the amount referred to in item II, and any excess shall be distributed among the other participants, maintaining, for the latter, the apportionment criterion established therein.

Paragraph 3 – The states shall remit twenty-five per cent of the funds they may receive as provided by item II to the respective municipalities, observing the criteria established in article 158, sole paragraph, I and II.

Article 160. It is forbidden to withhold or to make any restriction to the remittance and use of the funds assigned in this section to the states, to the Federal District and to the municipalities, including any tax additions and increases.

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

Article 161. A supplementary law shall:

1. define the added value for the purposes provided by article 158, sole paragraph, I;
2. establish rules for the remittance of the funds referred to in article 159, especially the criteria for the sharing of the funds set forth in its item I, seeking to promote social and economic balance among states and among municipalities;
3. provide for the monitoring, by the beneficiaries, of the calculation of the quotas and release of the participations set forth in articles 157, 158 and 159.

Sole paragraph – The Federal Court of Accounts shall calculate the quotas referring to the participation funds mentioned in item II.

Article 162. The Union, the states, the Federal District and the municipalities shall announce, on or before the last day of the month following that of collection, the amounts of each of the tributes collected, the funds received. the tax sums remitted and to be remitted and the numerical expression of the apportionment criteria.

Sole paragraph – The data announced by the Union shall be discriminated by state and by municipality; those of the states, by municipality.

CHAPTER II – PUBLIC FINANCES

SECTION I – GENERAL RULES

Article 163. A supplementary law shall make provisions for:

1. public finances;
2. foreign and domestic public debt, including the debt of the autonomous government agencies, foundations and other entities controlled bv the Government:
3. granting of guarantees by government entities; I
4. issuance and redemption of public debt bonds;
5. supervision of financial institutions;
6. foreign exchange transactions carried out by bodies and agencies of the Union, of the states, of the Federal District and of the municipalities;
7. compatibility of the functions of the official credit institutions of the Union, safeguarding all the characteristics and full operational conditions of those intended for regional development.

Article 164. The competence of the Union to issue currency shall be exercised exclusively bv the central bank.

Paragraph 1 – It is forbidden for the central bank to grant, either directly or indirectly, loans to the National Treasury and to any body or agency which is not a financial institution.

Paragraph 2 – The central bank may purchase and sell bonds issued by the National Treasury, for the purpose of regulating the money supply or the interest rate.

Paragraph 3 – The cash assets of the Union shall be deposited at the central bank, those of the states, of the Federal District, of the municipalities and of the bodies or agencies of the Government and of the companies controlled by the same, at official financial institutions, excepting the cases established in law.

SECTION II – BUDGETS

Article 165. Laws of the initiative of the Executive Power shall establish:

1. the pluriannual plan;
2. the budgetary directives;
3. the annual budgets.

Paragraph l – The law which institutes the pluriannual plan shall establish, on a regional basis, the directives, objectives and targets of the federal public administration for the capital expenditures and other expenses resulting therefrom and for those regarding continuous programmes.

Paragraph 2 – The law of budgetary directives shall comprise the targets and priorities of the federal public administration, including the capital expenditures for the subsequent fiscal year, shall guide the drawing up of the annual budget law, shall make provisions for alterations in tax legislation and shall establish the investment policy for the official development financing agencies.

Paragraph 3 – The Executive Power shall, within thirty days after the closing of each two-month period, publish a summarized report on budget implementation.

Paragraph 4 – The national, regional and sectorial plans and programmes set forth in this Constitution shall be drawn up in compliance with the pluriannual plan and shall be examined by the National Congress.

Paragraph 5 – The annual budget law shall include:

1. the fiscal budget regarding the Powers of the Union? their funds, bodies and entities of the direct and indirect administration, including foundations instituted and maintained by the Government:
2. the investment budget of companies in which the Union directly or indirectly holds the majority of the voting capital;
3. the social welfare budget, comprising all direct and indirect administration entitles or bodies connected with social security, as well as funds and foundations instituted and maintained bv the Government

Paragraph 6 – The budget bill shall be accompanied by a regionalized statement on the effect on revenues and expenses, deriving from exemptions, amnesties, remissions, subsidies and benefits of a financial, tributary and credit nature.

Paragraph 7 – The functions of the budgets set forth in paragraph 5, 1 and 11, of the present article, compatible with the pluriannual plan, shall include the function of reducing interregional inequalities, according to populational criteria.

Paragraph 8 – The annual budget law shall not contain any provision extraneous to a forecast of revenues and to the establishment of expenses, such prohibition not including authorization to open supplementary credits and to contract credit transactions, even if by advance of revenues, under the terms of the law.

Paragraph 9 – A supplementary law shall:

1. make provisions for the fiscal year, effectiveness, terms, drawing up and organization of the pluriannual plan, of the law of budgetary directives and of the annual budget law;
2. establish rules for the financial and property management of the direct and indirect administration, as well as conditions for the institution and operation of funds.

Article 166. The bills regarding the pluriannual plan, the budgetary directives, the annual budget and the additional credits shall be examined by the two Houses of the National Congress, in accordance with their common regulations.

Paragraph 1 – It is incumbent upon a permanent joint committee of Senators and Deputies to:

1. examine and issue its opinion on the bills referred to in the present article and on the accounts submitted annually by the President of the Republic;
2. examine and issue its opinion on the national, regional and sectorial plans and programmes established in this Constitution, and exercise budgetary monitoring and supervision, without affecting the operation of the other committees of the National Congress and of its Houses, created in accordance with article 58.

Paragraph 2 – Amendments shall be submitted to the joint committee, which shall report on them. and shall be examined, in accordance with the regulations, by the Plenary Session of the two Houses of the National Congress.

Paragraph 3 – Amendments to the bill of the annual budget or to the bills which modify it may only be approved if:

1. they are compatible with the pluriannual plan and with the law of budgetary directives;
2. they specify the necessary funds, allowing only those resulting from the annulment of expenses, and excluding those which apply to:
1. allocations for personnel and their charges;
2. debt servicing;
3. constitutional tax transfers to the states, the municipalities and the Federal District; or
3. they are related:
1. to the correction of errors or omissions; or
2. to the provisions of the text of the bill of law

Paragraph 4 – Amendments to the bill of budgetary directives may not be approved if they are incompatible with the pluriannual plan.

Paragraph 5 – The President of the Republic may send a message to the National Congress to propose modifications in the bills referred to in the present article as long as the joint committee has not started to vote on the part for which an alteration is being proposed.

Paragraph 6 – The bills of the pluriannual plan law, of the law of budgetary directives and of the annual budget law shall be forwarded by the President of the Republic to the National Congress, under the terms of the supplementary law referred to in article 165, paragraph 9.

Paragraph 7 – The other rules regarding legislative procedure shall apply to the bills mentioned in this article, as long as they are not contrary to the provisions of this section.

Paragraph 8 – Any funds which, as a result of a veto, amendment or rejection of the bill of the annual budget law, have no corresponding expenses, may be allocated, as the case may be, by means of special or supplementary credits, with prior and specific legislative authorization.

Article 167. The following are forbidden:

1. to begin programmes or projects not included in the annual budget law;
2. to incur expenses or to assume direct obligations which exceed the budgetary or additional credits;
3. to carry out credit transactions, which exceed the amount of capital expenses, excepting those authorized by means of supplementary or special credits with a specific purpose and approved by an absolute majority of the Legislative Power:
4. to bind tax revenues to an agency, fund or expense, excepting the sharing of the proceeds from the collection of the taxes referred to in articles 158 and 159, the allocation of funds for the maintenance and development of education, as determined in article 212, and the granting of guarantees on credit transactions by advance of revenues, as established in article 165? paragraph 8, as well as in paragraph 4 of the present article;
5. to open a supplementary or special credit without prior legislative authorization and without specification of the corresponding funds;
6. to reassign, reallocate or transfer funds from one programming category to another or from one agency to another without prior legislative authorization;
7. to grant or use unlimited credits;
8. to use, without specific legislative authorization, funds from the fiscal and social security budgets to supply a necessity or to cover a deficit of companies, foundations and funds, including those mentioned in article 165, paragraph 5;
9. to institute funds of any nature without prior legislative authorization.

Paragraph 1 – No investment whose execution exceeds one fiscal year may be implemented without prior inclusion in the pluriannual plan, or without a law to authorize such inclusion, subject to crime of malversation.

Paragraph 2 – Special and extraordinary credits shall be effective in the fiscal year in which they are authorized, unless the authorization act is enacted during the last four months of that fiscal year, in which case, reopened within the limits of their balances, such credits shall be incorporated into the budget of the subsequent fiscal year.

Paragraph 3 – The opening of extraordinary credit may only be allowed to meet unforeseeable and urgent expenses, such as those resulting from war, internal commotion or public calamity, observing the provisions in article 62.

Paragraph 4 – It is permitted to bind proper revenues generated by the taxes referred to in articles 155 and 156 and the funds mentioned in articles l57, 158 and 159, I, a and b, and II, to the granting of a guarantee or a counterguarantee to the Union, and to the payment of debits owed to the same.

Article 168. The funds corresponding to the budgetary allocations, including the supplementary and special credits, intended for the bodies of the Legislative and Judicial Powers and for the Public Prosecution, shall be remitted to them on or before the twentieth of each month, as provided by the supplementary law referred to in article 165 paragraph 9.

Article 169. Expenditure with active and pensioned personnel of the Union, the states, the Federal District and the municipalities may not exceed the limits established in a supplementary law.

Sole paragraph – The granting of any advantage or increase of remuneration the creation of posts or alteration of career structures, as well as admission of personnel, on any account, by bodies and entities of the direct or indirect administration, including foundations instituted and maintained by the Government, may only be effected:

1. if there is a prior budgetary allocation sufficient to cover the estimated expenditure with personnel and the increases resulting therefrom;
2. if there is specific authorization in the law of budgetary directives, excepting the public and the mixed-capital companies.

TITLE V – THE DEFENSE OF THE STATE AND OF THE DEMOCRATIC INSTITUTIONS

CHAPTER I – THE STATE OF DEFENSE AND THE STATE OF SIEGE

SECTION I – THE STATE OF DEFENSE

Article 136. The President of the Republic may, after hearing the Council of the Republic and the National Defense Council, decree a state of defense to preserve or to promptly re-establish, in specific and restricted locations, the public order or the social peace threatened by serious and imminent institutional instability or affected by major natural calamities.

Paragraph 1 – The decree instituting the state of defense shall determine the period of its duration, shall specify the areas to be encompassed and shall indicate, within the terms and limitations of the law, the coercive measures to be in force from among the following:

1. restrictions to the rights of:
1. assembly, even if held within associations;
2. secrecy of correspondence;
3. secrecy of telegraph and telephone communication;
2. in the event of a public calamity, occupation and temporary use of public property and services, the Union being liable for the resulting damages and C osts

Paragraph 2 – The state of defense shall not exceed thirty days and it may be extended once for an identical period if the reasons that justified its decreeing persist.

Paragraph 3 – During the period in which the state of defense is in force:

1. arrest for a crime against the State, determined by the party executing the measure, shall be immediately communicated by such party to the competent judge, who shall remit it if it is illegal, it being the arrested person’s choice to request examination of corpus delicti from the police authority;
2. the communication shall be accompanied by a statement by the authority as to the physical and mental state of the arrested person at the time of the filing of the charges;
3. the imprisonment or detention of any person shall not exceed ten days, unless authorized by the Judicial Power;
4. incommunicability of the arrested person is forbidden.

Paragraph 4 – Upon decreeing a state of defense or extension thereof, the President of the Republic shall, within twenty-four hours, submit the act with the respective justification to the National Congress, which shall decide by absolute majority.

Paragraph 5 – If the National Congress is in recess, it shall be called extraordinarily within five days.

Paragraph 6 – The National Congress shall examine the decree within ten days as from receipt thereof, and shall remain in operation as long as the state of defense is in force

Paragraph 7 – If the decree is rejected, the state of defense shall cease immediately.

SECTION II – THE STATE OF SIEGE

Article 137. The President of the Republic may, after hearing the Council of the Republic and the National Defense Council request authorization from the National Congress to decree the state of seize in the event of:

1. serious disturbance with nationwide effects or occurrence of facts that evidence the ineffectiveness of a measure taken during the state of defense:
2. declaration of state of war or response to foreign armed aggression.

Sole paragraph – The President of the Republic shall, on requesting authorization to decree the state of siege or to extend it, submit the reasons that determine such request, and the National Congress shall decide by absolute majority.

Article 138. The decree of the state of siege shall specify the period of its duration, the rules required to implement it and the constitutional guarantees that are to be suspended and, after it is published, the President of the Republic shall designate the executor of the specific measures and the areas encompassed.

Paragraph 1 – In the event of article 137, I, the state of siege may not be decreed for more than thirty days nor may each extension exceed such period; in the event of item II, it may be decreed for the entire period of the war or foreign armed aggression.

Paragraph 2 – If authorization to decree the state of siege is requested during parliamentary recess, the President of the Federal Senate shall immediately summon an extraordinary session of the National Congress to convene within five days in order to examine the act.

Paragraph 3 – The National Congress shall remain in session until the end of the coercive measures.

Article 139. During the period in which the state of siege decreed under article 137, I, is in force, only the following measures may be taken against persons:

1. obligation to remain at a specific place;
2. detention in a building not intended for persons accused of or convicted for common crimes;
3. restrictions regarding the inviolability of correspondence, the secrecy of communications, the rendering of information and the freedom of press, radio broadcasting and television, as established bv law;
4. suspension of freedom of assembly;
5. home search and seizure;
6. intervention in public utility companies;
7. requisitioning of property.

Sole paragraph – The broadcasting of speeches made by Congressmen in their Legislative Houses is not included in the restrictions of item III, if authorized by the respective Directing Board.

SECTION III – GENERAL PROVISIONS

Article 140. The Directing Board of the National Congress shall, after hearing the party leaders, designate a Committee comprised of five of its members to monitor and supervise the implementation of the measures concerning the state of defense and the state of siege.

Article 141. Once the state of defense or the state of siege ceases, its effects shall also cease, without prejudice to liability for illicit acts performed by the executors or agents thereof.

Sole paragraph – As soon as the state of defense or the state of siege ceases, the measures applied during the period while it is in force shall be reported by the President of the Republic in a message to the National Congress, with specification and justification of the actions taken, with the listing of the names af those affected and indication of the restrictions applied.

CHAPTER II – THE ARMED FORCES

*Article 142. The Armed Forces, comprised of the Navy, the Army and the Air Force, are permanent and regular national institutions, organized on the basis of hierarchy and discipline, under the supreme authority of the President of the Republic, and are intended for the defense of the Country, for the guarantee of the constitutional powers, and, on the initiative of any of these, of law and order.

Paragraph 1 – A supplementary law shall establish the general rules to be adopted in the organization, training and use of the Armed Forces.

Paragraph 2 – Habeas-corpus shall not apply to military disciplinary punishments.

Paragraph 3 – The members of the Armed Forces are called military, and the following provisions apply to them, in addition to other provisions that the law may establish:

1. the ranks, with the prerogatives, rights and duties inherent to them, are awarded by the President of the Republic and are guaranteed in full to officers in active service, those of the reserve or in retirement, and such officers have exclusive rights to military titles and posts, and together with the other members, to the use of the uniforms of the Armed Forces;
2. a military in active service who takes office in a permanent civil public position or job shall be transferred to the reserve, under the terms of the law;
3. a military in active service who, under the terms of the law, takes office in a non-elective, temporary civil public position, job or function, even if in the indirect administration, shall be put on leave and, as long as he remains in this situation he may only be promoted by seniority, and his period of service shall be counted only for that promotion and for transfer to the reserve, and after two years, whether continuous or not, away from active service, he shall be transferred to the reserve, under the terms of the law;
4. the military are forbidden to join unions and to strike;
5. while in actual service, the military are forbidden to belong to political parties;
6. an officer shall only lose his post and rank if he is judged unworthy of or incompatible with the dignity of officership by decision of a permanent military court, in times of peace, or of a special court, in times of war;
7. an officer sentenced in a common or military court by means of an unappealable judgment to imprisonment for more than two years shall be submitted to trial as provided in the preceding item;
8. the provisions of article 7, items VIII, XII, XVII, XVIII, XIX, and XXV, and of article 37, items XI, XIII, XIV and XV, apply to the military;
9. the provisions of article 40, paragraphs 4, 5, and 6 apply to the military and their pensioners;
10. the law shall provide for admission to the Armed Forces, age limits, tenure, and other conditions for a military to be retired, the rights, duties, remuneration, prerogatives and other circumstances which are specific to the military, the special characteristics of their activities being taken into account, including those carried our by virtue of international agreements and of war.

________
* CA 18/98

Article 143. Military service is compulsory as set forth by law.

Paragraph 1 – It is within the competence of the Armed Forces, according to the law, to assign an alternative service to those who, in times of peace, after being enlisted, claim imperative of conscience, which shall be understood as originating in religious creed and philosophical or political belief, for exemption from essentially military activities.

Paragraph 2 – Women and clergymen are exempt from compulsory military service in times of peace, but are subject to other duties assigned to them by law.

CHAPTER III – PUBLIC SECURITY

Article 144. Public security, the duty of the State and the right and responsibility of all, is exercised to preserve public order and the safety of persons and property, by means of the following agencies:

1. federal police;
2. federal highway police;
3. federal railway police,
4. civil polices.
5. military polices and military fire brigades.

Paragraph 1 – The federal police, instituted by law as a permanent body and structured into a career are limited to

1. investigate criminal offenses against the political and the social order or to the detriment of property, services and interests of the Union and of its autonomous government entities and public companies, as well as other offenses with interstate or international effects and requiring uniform repression as the law shall establish;
2. to prevent and repress the illegal traffic of narcotics and like drugs, as well as smuggling, without prejudice to action by the treasury authorities and other government agencies in their respective areas of competence;
3. to exercise the functions of maritime, air and border police.
4. to exercise, exclusively, the functions of criminal police of the Union.

Paragraph 2 – The federal highway police are a permanent body structured into a career and intended, according to the law, to patrol ostensibly the federal highways.

Paragraph 3 – The federal railway police are a permanent body structured into a career and intended, according to the law, to patrol ostensibly the federal railways.

Paragraph 4 – It is incumbent upon the civil police, directed by career police comissioners and except for the competence of the Union, to exercise the functions of criminal police and to investigate criminal offenses, with the exception of the military ones.

Paragraph 5 – It is within the competence of the military polices the ostensive policing and the maintenance of the public order; it is incumbent upon the military fire brigades, in addition to the duties defined by law, to carry out activities of civil defense.

Paragraph 6 – The military polices and military fire brigades, ancillary forces and reserve of the Army, are subject, together with the civil police, to the Governors of the states, of the Federal District and of the territories

Paragraph 7 – The law shall regulate the organization and operation of the agencies responsible for public security in such a manner as to guarantee the efficiency of their activities.

Paragraph 8 – The municipalities may organize municipal guards to protect their property, services and facilities, as the law shall establish.

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.

* CA 15/96

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

1. 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;
2. refuse to honour public documents;
3. create distinctions between Brazilians or preferences favouring some.

CHAPTER II – THE UNION

Article 20. The following are property of the Union:

1. the property which presently belongs to it as well as that which may be attributed to it;
2. 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;
3. 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;
4. the river and lake islands in zones bordering with other countries, sea beaches, the ocean and off-shore islands, with the exception of those referred to in article 26, II;
5. the natural resources of the continental shelf and of the exclusive economic zone;
6. the territorial sea;
7. tide lands and those added to them;
8. the hydraulic energy potentials;
9. the mineral resources, including those of the subsoil;
10. the natural underground cavities and the archaeological and historic sites;
11. those lands traditionally occupied by the Indians.

Paragraph 1 – In accordance with the law, the participation in the results of the exploitation of petroleum or natural gas, hydric resources for the purpose of generation of electric power and other mineral resources in the respective territory, continental shelf, territorial sea or exclusive economic zone, financial compensation for the exploitation thereof, is assured to the states Federal District and the municipalities, as well as to agencies of the administration of the Union.

Paragraph 2 – The strip of land up to a hundred and fifty kilometers in width alongside the terrestrial boundaries, designated as boundary zone, 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:

1. maintain relations with foreign states and participate in international organizations;
2. declare war and make peace;
3. ensure national defense;
4. allow foreign forces, in the cases provided for in a supplementary law, to pass through the national territory or to remain therein temporarily;
5. declare a state of siege, a state of defense and federal intervention;
6. authorize and control the production and trade of military materiel;
7. issue currency;
8. 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;
9. prepare and carry out national and regional plans for the ordaining of the territory and for economic and social development;
10. maintain the postal service and the national air mail;
11. 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;
12. operate, directly or through authorization, concession or permission:
1. the services of sound broadcasting and of sound and image broadcasting;
2. the electric power services and facilities and the energetic exploitation of watercourses, jointly with the states wherein those hydro-energetic potentials are located;
3. air and aerospace navigation and airport infrastructure;
4. railway and waterway services between seaports and national borders or which cross the boundary of a state or territory:
5. interstate and international highway passenger transportation services;
6. sea, river and lake ports;
13. organize and maintain the Judicial Power, the Public Prosecution and the Public Legal Defense of the Federal District and territories;
14. organize and maintain the federal police, the federal highway and railway polices as well as the civil police, the military police, the military fire brigade of the Federal District and territories;
15. organize and maintain the official services of statistics, geography, geology and cartography of national scope;
16. classify, for indicative purposes, public entertainment and and television programs;
17. grant amnesty;
18. plan and promote permanent defense against public disasters especially droughts and floods;
19. establish a national system for the management of hydric resources and define criteria for the concession of the right to their use;
20. establish directives for urban development, including housing, basic sanitation and urban transportation;
21. establish principles and directives for the national transportation system;
22. perform the services of maritime, air, and border police;
23. operate nuclear energy services and facilities of any nature, 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:
1. all nuclear activity within the national territory shall only be admitted for peaceful purposes and subject to approval by the National Congress;
2. under a concession or permission, authorization is given for the of radioisotopes in research and for medical, agricultural and industrial use as well as for other analogous activities;
3. civil liability for nuclear damages does not depend on the existence of fault;
24. organize, maintain and carry out inspection of working conditions;
25. establish the areas and conditions for the exercise of placer mining activities in associative form.

__________
* CA 8/95.

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

1. civil, commercial, criminal, procedural, electoral, agrarian, maritime, aeronautical, space and labour law;
2. expropriation;
3. civil and military requisitioning, in case of imminent danger or in times of war;
4. waters, energy, informatics, telecommunications and radio broadcasting;
5. the postal service;
6. the monetary and measures systems, metal certificates and guarantees;
7. policies for credit, foreign exchange, insurance and transfer of values;
8. foreign and interstate trade;
9. guidelines for the national transportation policy;
10. the regime of the ports and lake, river, ocean, air and aerospace navigation;
11. traffic and transportation;
12. beds of ore, mines, other mineral resources and metallurgy;
13. nationality, citizenship and naturalization;
14. Indian populations;
15. emigration, immigration, entry, extradition and expulsion of foreigners;
16. the organization of the national employment system and conditions for the practice of professions;
17. the judicial organization of the Public Prosecution and of the Public Legal Defense of the Federal District and of the territories, as well as their administrative organization;
18. the national statistical, cartographic and geological systems;
19. systems of savings, as well as of obtaining and guaranteeing popular savings;
20. consortium and lottery systems;
21. general organization rules, troops, material guarantees, drafting and mobilization of the military police and military fire brigades;
22. the jurisdiction of the federal police and of the federal highway- and military polices:
23. social security;
24. directives and bases of the national education;
25. public registers;
26. nuclear activities of any nature;
27. general rules for all types of bidding and contracting, for the direct and indirect public administration, including foundations instituted and maintained by the Government, in its various spheres, and companies under government control;
28.   territorial defense, aerospace defense, maritime defense, civil defense, and national mobilization;
29. 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:

1. to ensure that the Constitution, the laws and the democratic institutions are respected and that public property is preserved;
2. to provide for health and public assistance, for the protection and safeguard of handicapped persons;
3. to protect the documents, works and other assets of historical, artistic or cultural value, the monuments, the remarkable landscapes and the archaeological sites;
4. 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;
5. to provide the means of access to culture, education and science;
6. to protect the environment and to fight pollution in any of its forms;
7. to preserve the forests, fauna and flora;
8. to promote agriculture and cattle breeding and organize the supply of foodstuff;
9. to promote housing construction programs and the improvement of housing and basic sanitation conditions;
10. to fight the causes of poverty and the factors leading to substandard living conditions, promoting the social integration of the unprivileged sectors of the population;
11. to register, monitor and control the concessions of rights to research and exploit hydric and mineral resources within their territories;
12. lo establish and to implement an educational policy for traffic safety.

Sole paragraph – A supplementary law shall establish rules for the cooperation between the Union 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:

1. tax, financial, penitentiary, economic and urbanistic law;
2. budget;
3. trade boards
4. costs of forensic services;
5. production and consumption;
6. forests, hunting, fishing, fauna, preservation of nature, defense of the soil and natural resources, protection of the environment and control of pollution;
7. protection of the historic, cultural and artistic heritage, as well as of assets of touristic interest and landscapes of outstanding beauty;
8. 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;
9. education, culture, teaching and sports;
10. establishment, operation and procedures of small claims courts;\
11. judicial procedures;
12. social security, protection and defense of health;
13. legal assistance and public defense;
14. protection and social integration of handicapped persons;
15. protection of childhood and youth;
16. organization, guarantees, rights and duties of the civil policies.

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 or 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 IV – 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 micro-regions, formed by the grouping of adjacent municipalities, in order to integrate the organization, the planning and the operation of public functions of common interest.
____________
* CA 5/95

Article 26. The property of the states includes:

1. surface 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:
2. the areas, on ocean and coastal islands, which are within their domain, excluding those under the domain of the Union, the municipalities or third parties;
3. the river and lake islands which do not belong to the Union;
4. 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 remuneration of the State Deputies shall be established in each legislative term, for the subsequent one, by the Legislative Assembly. as provided by articles 150, II, 153, III, and 153, paragraph 2, I, in the proportion of seventy-five percent, at most, of the remuneration established, in legal tender. for the Federal Deputies.

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.

*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 l of the following year, in accordance, otherwise, with the provisions of article 77.
_________
* CA 16/97

Sole paragraph – The Governor who takes another post or function in the direct or indirect public administration shall lose his office, with the exception of the taking of office by virtue of public entrance examination and taking into account the provisions in article 38, I, IV and V.

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:

1. 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;
2. 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;
3. investiture of the Mayor and Vice-Mayor on January l of the year subsequent to the year of the election;
4. number of councilmen in proportion to the population of the municipalities, in accordance with the following limits:
1. a minimum of nine and a maximum of twenty-one in municipalities with up to one million inhabitants;
2. a minimum of thirty-three and a maximum of forty-one in municipalities with over one million and under five million inhabitants;
3. a minimum of forty-two and a maximum of fifty-five in municipalities with over five million inhabitants;
5. the remuneration of the Mayor, the Vice-Mayor and the Councilmen stipulated by the Municipal Chamber in each legislature for the subsequent one, in accordance with the provisions set forth in articles 37, XI, 150, II, 153, III, and 153, paragraph 2, I;
6. the remuneration of the City Councilmen shall correspond at the most, to seventy-five percent of the remuneration established, in legal tender, for the State Deputies, except for the provisions of article 37, XI;
7. the total expenditure with the remuneration of the City Councilmen may not exceed the amount of five percent of the revenue of the Municipality;
8. inviolability of the Councilmen on account of their opinions, words and votes while in office and within the jurisdiction of the municipality;
9. 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;
10. trial of the Mayor before the Court of Justice;
11. organization of the legislative and supervisory functions of the Municipal Chamber;
12. cooperation of the representative associations in municipal planning;
13. 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;
14. loss of the office of mayor, as provided in article 28, sole paragraph.

_________
* CA 1/92 and 16/97

Article 30. The municipalities have the power to:

1. legislate upon matters of local interest;
2. supplement federal and state legislations where pertinent;
3. 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 bv law:
4. create, organize and suppress districts, with due regard for the state legislation;
5. organize and render, directly or by concession or permission, the public services of local interest, including mass-transportation, which is of essential nature;
6. maintain, with the technical and financial cooperation of the Union and the state, programs of pre-school and elementary school education;
7. provide, with the technical and financial cooperation of the Union and the state, health services to the population;
8. promote, wherever pertinent, adequate territorial ordaining, by means of planning and control of use, apportionment and occupation of the urban soil;
9. 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 l – Outside control of the Municipal Chamber shall be exercised with the assistance of the state or municipal Court of Accounts, or of the Municipal Councils or Courts of Accounts, 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 anT 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 l – 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 { rs n

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

Paragraph 4 – A federal law shall provide for the use, by the Government of the Federal District, of the civil and military polices and the military fire brigade.

SECTION lI – 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 Court of An counts af the Union.

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:

1. to maintain national integrity;
2. to repel foreign invasion or that of one unit of the Federation into another;
3. to put an end to serious jeopardy to public order;
4. to guarantee the free exercise of any of the powers of the units of the Federation;
5. to reorganize the finances of a unit of the Federation that:
1. stops the payment of Its funded debt for more than two consecutive years, except for reasons of force majeure;
2. fails to deliver to the municipalities the tax revenues established in this Constitution, within the periods of time set forth by law;
6. to provide for the enforcement of federal law, judicial order or decision;
7. to ensure compliance with the following constitutional principles:
1. republican form, representative system and democratic regime;
2. rights of the human person;
3. municipal autonomy;
4. rendering of accounts of the direct and indirect public administration
5. the application of the mandatory minimum of the income resulting from state taxes, including those originating from transfers, to the maintenance and development of education.

_____________
*CA 14/96

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

1. the funded debt is not paid for two consecutive years, without reasons of force majeure;
2. the due accounts are not rendered, in the manner prescribed by las
3. the minimum required amount of the municipal revenues has not been applied in the maintenance and development of education;
4. 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:

1. 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;
2. 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;
3. 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;
4. on the granting of a petition from the Attorney-General of the Republic by the Superior Court of Justice, in the case of refusal to enforce a federal law.

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 direct or indirect public administration of any of the powers of the Union, the states, the Federal District and the municipalities, as well as their foundations, shall obey the principles of lawfulness, impersonality. morality, publicity and also the following:

1. public offices, positions and functions are accessible to all Brazilians who meet the requirements established by law;
2. 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, except for appointment to a commission office declared by law as being of free appointment and discharge;
3. the period of validity of a public entrance examination shall be up to two years, extendable once for a like period of time;
4. 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:
5. commission offices or positions of trust shall be exercised, preferentially, by civil servants holding a post in a technical or professional career, in the cases and under the conditions established in law;
6. the right to free union association is guaranteed to civil servants:
7. the right to strike shall be exercised in the manner and within the limits defined by a supplementary law;
8. the law shall reserve a percentage of public offices and positions for handicapped persons and shall define the criteria for their admittance
9. the law shall establish the cases of hiring for a limited period of time to meet a temporary need of exceptional public interest;
10. the general review of the remuneration of Government employees without distinction between the indices applied to civil and military servants, shall always occur on the same date;
11. the law shall establish the maximum limit and the proportion between the highest and the lowest remuneration of public servants, taking into account, as maximum limits and within the sphere of the respective powers, the amounts received as remuneration, in legal tender of any sort, by members of the National Congress, Ministers of State and Justices of the Supreme Federal Court and the corresponding offices in the states, the Federal District and the territories and, in the municipalities, the amount received as remuneration, in legal tender, by the Mayor;
12. the salaries for positions of the Legislative and Judicial Powers may not be higher than those paid by the Executive Power;
13. the linkage or equalization of salaries, for purposes of the remuneration of the personnel in the public services, is forbidden, except for the provisions of the preceding item and of article 39, paragraph 1;
14. the pecuniary raises received by a government employee shall not be computed or accumulated for purposes of granting subsequent raises, for the same reason or on an identical basis;
15. the salaries of government employees may not be reduced, and the remuneration shall comply with the provisions of article 37, XI and XII, 150, II, 153, III, and paragraph 2, I;
16. remunerated accumulation of public offices is forbidden, except when there is compatibility of working hours:
1. of two teaching positions;
2. of one teaching position with another technical or scientific position;
3. of two exclusively medical positions;
17. the prohibition to accumulate extends to positions and functions and includes autonomous government agencies, public companies, mixed- capital companies and foundations maintained by the Government;
18. 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;
19. a public company, a mixed-capital company, an autonomous Government agency or a public foundation may only be created by means of a specific law;
20. 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;
21. 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.

_________
* CA 18/98

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 – Complaints relating to the rendering of public services shall be regulated by law.

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.

Article 38. The following provisions are applicable to civil servants holding an elective office:

1. in the case of a federal, state or district elective office, ne shall leave his office, position or function;
2. 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;
3. 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;
4. 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;
5. for purposes of social security benefits, in the case of leave of absence, the amounts shall be established as if he were in activity.

SECTION II – CIVIL SERVANTS

Article 39. The Union, the states, the Federal District and the municipalities shall institute, within their jurisdiction, a sole juridical regime and career plans for the employees of the direct public administration, the autonomous Government agencies and the public foundations.

Paragraph 1 – The law shall guarantee, to the direct administration employees, equal salaries for offices in the same Power with equal or similar duties or between employees of the Executive, Legislative or Judicial Powers, except for advantages of a personal nature and those corresponding to the type of work or the workplace.

Paragraph 2 – The provisions of article 7, IV, VI, VII, VIII, IX, XII, XIII, XV, XVI, XVII, XVIII, XIX, XX, XXII, XXIII and XXX shall apply to these employees.

Article 40. A civil servant shall go into retirement:

1. for permanent disability, receiving full pension if such disability results from a work accident, professional disease or a serious, contagious or incurable illness, as specified by law, and proportional pension in all other cases:
2. compulsorily, at seventy years of age, with a pension proportional to the period of service;
3. voluntarily:
1. upon thirty-five years of service, if a man, and upon thirty years, if a woman, with full pay;
2. upon thirty years of effective exercise in teaching positions, if a man, and upon twenty-five years, if a woman, with full pay;
3. upon thirty years of service, if a man, and upon twenty-five years, if a woman, with pay in proportion to this period;
4. at sixty-five years of age, if a man, and at sixty, if a woman, with pay in proportion to the period of service.

1.

Paragraph 1 – A supplementary law may establish exceptions to the provisions of item III, a and c, in the case of the exercise of activities considered strenuous, unhealthy or dangerous.

Paragraph 2 – The law shall provide for retirement in temporary offices or positions.

Paragraph 3 – The period of federal, state or municipal public service shall be calculated in full for purposes of retirement and placement on paid avai lability

Paragraph 4 – The retirement pension shall be revised, in the same proportion and on the same date, whenever the remuneration of the servants in activity is changed, and any benefits or advantages subsequently granted to the servants in activity shall also be extended to the retired servants, including those resulting from the transformation or reclassification of the office or function from which they retired, as the law provides.

Paragraph 5 – The benefit of pension for death shall correspond to the full salary or earnings of the deceased employee, up to the limit established in law, complying with the provisions of the preceding paragraph.

Paragraph 6 – The retirement and pension benefits of the federal civil servants shall be financed by resources originating from the Union and from the contributions of the civil servants. under the terms of the law.

Article 41. Servants employed by virtue of public entrance examinations acquire tenure after two years of actual service.

Paragraph l – A tenured civil servant shall only lose his office by virtue of a final and unappealable judicial decision or by means of an administrative process, in which he is assured ample defense.

Paragraph 2 – If the dismissal of a tenured civil servant is voided by a judicial decision, he shall be reinstated and the occupant of the vacancy shall be led back to his original office, with no right to indemnity, taken to another office or placed on paid availability.

Paragraph 3 – If the office is declared extinct or unnecessary. a tenured civil servant shall remain on paid availability until he is adequately placed in another office.

*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 3; 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 of article 40, paragraphs 4 and 5 apply to military of the States, of the Federal District and of the Territories, and to their pensioners, and the provision of article 40, paragraph 6 applies to the military of the Federal District and the Territories.

_________
* CA 18/98
** CA 3/93 and 18/98

SECTION IV – THE REGIONS

Article 43. For administrative purposes, the Union may co-ordinate its action in one same social and geo-economic complex, seeking to attain its development and to reduce regional inequalities.

Paragraph 1 – A supplementary law shall provide for:

1. the conditions for the integration of developing regions;
2. 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:

1. equality of tariffs, freight rates, insurance and other cost and price items which are within the responsibility of the Government;
2. favoured interest rates for the financing of priority activities;
3. exemptions, reductions or temporary deferment of federal taxes owed by individuals or by legal entities;
4. 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 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.

* CA 15/96

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

1. 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;
2. refuse to honour public documents;
3. create distinctions between Brazilians or preferences favouring some.

CHAPTER II – THE UNION

Article 20. The following are property of the Union:

1. the property which presently belongs to it as well as that which may be attributed to it;
2. 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;
3. 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;
4. the river and lake islands in zones bordering with other countries, sea beaches, the ocean and off-shore islands, with the exception of those referred to in article 26, II;
5. the natural resources of the continental shelf and of the exclusive economic zone;
6. the territorial sea;
7. tide lands and those added to them;
8. the hydraulic energy potentials;
9. the mineral resources, including those of the subsoil;
10. the natural underground cavities and the archaeological and historic sites;
11. those lands traditionally occupied by the Indians.

Paragraph 1 – In accordance with the law, the participation in the results of the exploitation of petroleum or natural gas, hydric resources for the purpose of generation of electric power and other mineral resources in the respective territory, continental shelf, territorial sea or exclusive economic zone, financial compensation for the exploitation thereof, is assured to the states Federal District and the municipalities, as well as to agencies of the administration of the Union.

Paragraph 2 – The strip of land up to a hundred and fifty kilometers in width alongside the terrestrial boundaries, designated as boundary zone, 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:

1. maintain relations with foreign states and participate in international organizations;
2. declare war and make peace;
3. ensure national defense;
4. allow foreign forces, in the cases provided for in a supplementary law, to pass through the national territory or to remain therein temporarily;
5. declare a state of siege, a state of defense and federal intervention;
6. authorize and control the production and trade of military materiel;
7. issue currency;
8. 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;
9. prepare and carry out national and regional plans for the ordaining of the territory and for economic and social development;
10. maintain the postal service and the national air mail;
11. 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;
12. operate, directly or through authorization, concession or permission:
1. the services of sound broadcasting and of sound and image broadcasting;
2. the electric power services and facilities and the energetic exploitation of watercourses, jointly with the states wherein those hydro-energetic potentials are located;
3. air and aerospace navigation and airport infrastructure;
4. railway and waterway services between seaports and national borders or which cross the boundary of a state or territory:
5. interstate and international highway passenger transportation services;
6. sea, river and lake ports;
13. organize and maintain the Judicial Power, the Public Prosecution and the Public Legal Defense of the Federal District and territories;
14. organize and maintain the federal police, the federal highway and railway polices as well as the civil police, the military police, the military fire brigade of the Federal District and territories;
15. organize and maintain the official services of statistics, geography, geology and cartography of national scope;
16. classify, for indicative purposes, public entertainment and and television programs;
17. grant amnesty;
18. plan and promote permanent defense against public disasters especially droughts and floods;
19. establish a national system for the management of hydric resources and define criteria for the concession of the right to their use;
20. establish directives for urban development, including housing, basic sanitation and urban transportation;
21. establish principles and directives for the national transportation system;
22. perform the services of maritime, air, and border police;
23. operate nuclear energy services and facilities of any nature, 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:
1. all nuclear activity within the national territory shall only be admitted for peaceful purposes and subject to approval by the National Congress;
2. under a concession or permission, authorization is given for the of radioisotopes in research and for medical, agricultural and industrial use as well as for other analogous activities;
3. civil liability for nuclear damages does not depend on the existence of fault;
24. organize, maintain and carry out inspection of working conditions;
25. establish the areas and conditions for the exercise of placer mining activities in associative form.

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* CA 8/95.

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

1. civil, commercial, criminal, procedural, electoral, agrarian, maritime, aeronautical, space and labour law;
2. expropriation;
3. civil and military requisitioning, in case of imminent danger or in times of war;
4. waters, energy, informatics, telecommunications and radio broadcasting;
5. the postal service;
6. the monetary and measures systems, metal certificates and guarantees;
7. policies for credit, foreign exchange, insurance and transfer of values;
8. foreign and interstate trade;
9. guidelines for the national transportation policy;
10. the regime of the ports and lake, river, ocean, air and aerospace navigation;
11. traffic and transportation;
12. beds of ore, mines, other mineral resources and metallurgy;
13. nationality, citizenship and naturalization;
14. Indian populations;
15. emigration, immigration, entry, extradition and expulsion of foreigners;
16. the organization of the national employment system and conditions for the practice of professions;
17. the judicial organization of the Public Prosecution and of the Public Legal Defense of the Federal District and of the territories, as well as their administrative organization;
18. the national statistical, cartographic and geological systems;
19. systems of savings, as well as of obtaining and guaranteeing popular savings;
20. consortium and lottery systems;
21. general organization rules, troops, material guarantees, drafting and mobilization of the military police and military fire brigades;
22. the jurisdiction of the federal police and of the federal highway- and military polices:
23. social security;
24. directives and bases of the national education;
25. public registers;
26. nuclear activities of any nature;
27. general rules for all types of bidding and contracting, for the direct and indirect public administration, including foundations instituted and maintained by the Government, in its various spheres, and companies under government control;
28.   territorial defense, aerospace defense, maritime defense, civil defense, and national mobilization;
29. 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:

1. to ensure that the Constitution, the laws and the democratic institutions are respected and that public property is preserved;
2. to provide for health and public assistance, for the protection and safeguard of handicapped persons;
3. to protect the documents, works and other assets of historical, artistic or cultural value, the monuments, the remarkable landscapes and the archaeological sites;
4. 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;
5. to provide the means of access to culture, education and science;
6. to protect the environment and to fight pollution in any of its forms;
7. to preserve the forests, fauna and flora;
8. to promote agriculture and cattle breeding and organize the supply of foodstuff;
9. to promote housing construction programs and the improvement of housing and basic sanitation conditions;
10. to fight the causes of poverty and the factors leading to substandard living conditions, promoting the social integration of the unprivileged sectors of the population;
11. to register, monitor and control the concessions of rights to research and exploit hydric and mineral resources within their territories;
12. lo establish and to implement an educational policy for traffic safety.

Sole paragraph – A supplementary law shall establish rules for the cooperation between the Union 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:

1. tax, financial, penitentiary, economic and urbanistic law;
2. budget;
3. trade boards
4. costs of forensic services;
5. production and consumption;
6. forests, hunting, fishing, fauna, preservation of nature, defense of the soil and natural resources, protection of the environment and control of pollution;
7. protection of the historic, cultural and artistic heritage, as well as of assets of touristic interest and landscapes of outstanding beauty;
8. 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;
9. education, culture, teaching and sports;
10. establishment, operation and procedures of small claims courts;\
11. judicial procedures;
12. social security, protection and defense of health;
13. legal assistance and public defense;
14. protection and social integration of handicapped persons;
15. protection of childhood and youth;
16. organization, guarantees, rights and duties of the civil policies.

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 or 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 IV – 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 micro-regions, formed by the grouping of adjacent municipalities, in order to integrate the organization, the planning and the operation of public functions of common interest.
____________
* CA 5/95

Article 26. The property of the states includes:

1. surface 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:
2. the areas, on ocean and coastal islands, which are within their domain, excluding those under the domain of the Union, the municipalities or third parties;
3. the river and lake islands which do not belong to the Union;
4. 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 remuneration of the State Deputies shall be established in each legislative term, for the subsequent one, by the Legislative Assembly. as provided by articles 150, II, 153, III, and 153, paragraph 2, I, in the proportion of seventy-five percent, at most, of the remuneration established, in legal tender. for the Federal Deputies.

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.

*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 l of the following year, in accordance, otherwise, with the provisions of article 77.
_________
* CA 16/97

Sole paragraph – The Governor who takes another post or function in the direct or indirect public administration shall lose his office, with the exception of the taking of office by virtue of public entrance examination and taking into account the provisions in article 38, I, IV and V.

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:

1. 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;
2. 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;
3. investiture of the Mayor and Vice-Mayor on January l of the year subsequent to the year of the election;
4. number of councilmen in proportion to the population of the municipalities, in accordance with the following limits:
1. a minimum of nine and a maximum of twenty-one in municipalities with up to one million inhabitants;
2. a minimum of thirty-three and a maximum of forty-one in municipalities with over one million and under five million inhabitants;
3. a minimum of forty-two and a maximum of fifty-five in municipalities with over five million inhabitants;
5. the remuneration of the Mayor, the Vice-Mayor and the Councilmen stipulated by the Municipal Chamber in each legislature for the subsequent one, in accordance with the provisions set forth in articles 37, XI, 150, II, 153, III, and 153, paragraph 2, I;
6. the remuneration of the City Councilmen shall correspond at the most, to seventy-five percent of the remuneration established, in legal tender, for the State Deputies, except for the provisions of article 37, XI;
7. the total expenditure with the remuneration of the City Councilmen may not exceed the amount of five percent of the revenue of the Municipality;
8. inviolability of the Councilmen on account of their opinions, words and votes while in office and within the jurisdiction of the municipality;
9. 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;
10. trial of the Mayor before the Court of Justice;
11. organization of the legislative and supervisory functions of the Municipal Chamber;
12. cooperation of the representative associations in municipal planning;
13. 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;
14. loss of the office of mayor, as provided in article 28, sole paragraph.

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* CA 1/92 and 16/97

Article 30. The municipalities have the power to:

1. legislate upon matters of local interest;
2. supplement federal and state legislations where pertinent;
3. 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 bv law:
4. create, organize and suppress districts, with due regard for the state legislation;
5. organize and render, directly or by concession or permission, the public services of local interest, including mass-transportation, which is of essential nature;
6. maintain, with the technical and financial cooperation of the Union and the state, programs of pre-school and elementary school education;
7. provide, with the technical and financial cooperation of the Union and the state, health services to the population;
8. promote, wherever pertinent, adequate territorial ordaining, by means of planning and control of use, apportionment and occupation of the urban soil;
9. 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 l – Outside control of the Municipal Chamber shall be exercised with the assistance of the state or municipal Court of Accounts, or of the Municipal Councils or Courts of Accounts, 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 anT 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 l – 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 { rs n

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

Paragraph 4 – A federal law shall provide for the use, by the Government of the Federal District, of the civil and military polices and the military fire brigade.

SECTION lI – 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 Court of An counts af the Union.

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:

1. to maintain national integrity;
2. to repel foreign invasion or that of one unit of the Federation into another;
3. to put an end to serious jeopardy to public order;
4. to guarantee the free exercise of any of the powers of the units of the Federation;
5. to reorganize the finances of a unit of the Federation that:
1. stops the payment of Its funded debt for more than two consecutive years, except for reasons of force majeure;
2. fails to deliver to the municipalities the tax revenues established in this Constitution, within the periods of time set forth by law;
6. to provide for the enforcement of federal law, judicial order or decision;
7. to ensure compliance with the following constitutional principles:
1. republican form, representative system and democratic regime;
2. rights of the human person;
3. municipal autonomy;
4. rendering of accounts of the direct and indirect public administration
5. the application of the mandatory minimum of the income resulting from state taxes, including those originating from transfers, to the maintenance and development of education.

_____________
*CA 14/96

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

1. the funded debt is not paid for two consecutive years, without reasons of force majeure;
2. the due accounts are not rendered, in the manner prescribed by las
3. the minimum required amount of the municipal revenues has not been applied in the maintenance and development of education;
4. 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:

1. 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;
2. 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;
3. 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;
4. on the granting of a petition from the Attorney-General of the Republic by the Superior Court of Justice, in the case of refusal to enforce a federal law.

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 direct or indirect public administration of any of the powers of the Union, the states, the Federal District and the municipalities, as well as their foundations, shall obey the principles of lawfulness, impersonality. morality, publicity and also the following:

1. public offices, positions and functions are accessible to all Brazilians who meet the requirements established by law;
2. 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, except for appointment to a commission office declared by law as being of free appointment and discharge;
3. the period of validity of a public entrance examination shall be up to two years, extendable once for a like period of time;
4. 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:
5. commission offices or positions of trust shall be exercised, preferentially, by civil servants holding a post in a technical or professional career, in the cases and under the conditions established in law;
6. the right to free union association is guaranteed to civil servants:
7. the right to strike shall be exercised in the manner and within the limits defined by a supplementary law;
8. the law shall reserve a percentage of public offices and positions for handicapped persons and shall define the criteria for their admittance
9. the law shall establish the cases of hiring for a limited period of time to meet a temporary need of exceptional public interest;
10. the general review of the remuneration of Government employees without distinction between the indices applied to civil and military servants, shall always occur on the same date;
11. the law shall establish the maximum limit and the proportion between the highest and the lowest remuneration of public servants, taking into account, as maximum limits and within the sphere of the respective powers, the amounts received as remuneration, in legal tender of any sort, by members of the National Congress, Ministers of State and Justices of the Supreme Federal Court and the corresponding offices in the states, the Federal District and the territories and, in the municipalities, the amount received as remuneration, in legal tender, by the Mayor;
12. the salaries for positions of the Legislative and Judicial Powers may not be higher than those paid by the Executive Power;
13. the linkage or equalization of salaries, for purposes of the remuneration of the personnel in the public services, is forbidden, except for the provisions of the preceding item and of article 39, paragraph 1;
14. the pecuniary raises received by a government employee shall not be computed or accumulated for purposes of granting subsequent raises, for the same reason or on an identical basis;
15. the salaries of government employees may not be reduced, and the remuneration shall comply with the provisions of article 37, XI and XII, 150, II, 153, III, and paragraph 2, I;
16. remunerated accumulation of public offices is forbidden, except when there is compatibility of working hours:
1. of two teaching positions;
2. of one teaching position with another technical or scientific position;
3. of two exclusively medical positions;
17. the prohibition to accumulate extends to positions and functions and includes autonomous government agencies, public companies, mixed- capital companies and foundations maintained by the Government;
18. 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;
19. a public company, a mixed-capital company, an autonomous Government agency or a public foundation may only be created by means of a specific law;
20. 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;
21. 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.

_________
* CA 18/98

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 – Complaints relating to the rendering of public services shall be regulated by law.

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.

Article 38. The following provisions are applicable to civil servants holding an elective office:

1. in the case of a federal, state or district elective office, ne shall leave his office, position or function;
2. 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;
3. 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;
4. 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;
5. for purposes of social security benefits, in the case of leave of absence, the amounts shall be established as if he were in activity.

SECTION II – CIVIL SERVANTS

Article 39. The Union, the states, the Federal District and the municipalities shall institute, within their jurisdiction, a sole juridical regime and career plans for the employees of the direct public administration, the autonomous Government agencies and the public foundations.

Paragraph 1 – The law shall guarantee, to the direct administration employees, equal salaries for offices in the same Power with equal or similar duties or between employees of the Executive, Legislative or Judicial Powers, except for advantages of a personal nature and those corresponding to the type of work or the workplace.

Paragraph 2 – The provisions of article 7, IV, VI, VII, VIII, IX, XII, XIII, XV, XVI, XVII, XVIII, XIX, XX, XXII, XXIII and XXX shall apply to these employees.

Article 40. A civil servant shall go into retirement:

1. for permanent disability, receiving full pension if such disability results from a work accident, professional disease or a serious, contagious or incurable illness, as specified by law, and proportional pension in all other cases:
2. compulsorily, at seventy years of age, with a pension proportional to the period of service;
3. voluntarily:
1. upon thirty-five years of service, if a man, and upon thirty years, if a woman, with full pay;
2. upon thirty years of effective exercise in teaching positions, if a man, and upon twenty-five years, if a woman, with full pay;
3. upon thirty years of service, if a man, and upon twenty-five years, if a woman, with pay in proportion to this period;
4. at sixty-five years of age, if a man, and at sixty, if a woman, with pay in proportion to the period of service.

1.

Paragraph 1 – A supplementary law may establish exceptions to the provisions of item III, a and c, in the case of the exercise of activities considered strenuous, unhealthy or dangerous.

Paragraph 2 – The law shall provide for retirement in temporary offices or positions.

Paragraph 3 – The period of federal, state or municipal public service shall be calculated in full for purposes of retirement and placement on paid avai lability

Paragraph 4 – The retirement pension shall be revised, in the same proportion and on the same date, whenever the remuneration of the servants in activity is changed, and any benefits or advantages subsequently granted to the servants in activity shall also be extended to the retired servants, including those resulting from the transformation or reclassification of the office or function from which they retired, as the law provides.

Paragraph 5 – The benefit of pension for death shall correspond to the full salary or earnings of the deceased employee, up to the limit established in law, complying with the provisions of the preceding paragraph.

Paragraph 6 – The retirement and pension benefits of the federal civil servants shall be financed by resources originating from the Union and from the contributions of the civil servants. under the terms of the law.

Article 41. Servants employed by virtue of public entrance examinations acquire tenure after two years of actual service.

Paragraph l – A tenured civil servant shall only lose his office by virtue of a final and unappealable judicial decision or by means of an administrative process, in which he is assured ample defense.

Paragraph 2 – If the dismissal of a tenured civil servant is voided by a judicial decision, he shall be reinstated and the occupant of the vacancy shall be led back to his original office, with no right to indemnity, taken to another office or placed on paid availability.

Paragraph 3 – If the office is declared extinct or unnecessary. a tenured civil servant shall remain on paid availability until he is adequately placed in another office.

*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 3; 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 of article 40, paragraphs 4 and 5 apply to military of the States, of the Federal District and of the Territories, and to their pensioners, and the provision of article 40, paragraph 6 applies to the military of the Federal District and the Territories.

_________
* CA 18/98
** CA 3/93 and 18/98

SECTION IV – THE REGIONS

Article 43. For administrative purposes, the Union may co-ordinate its action in one same social and geo-economic complex, seeking to attain its development and to reduce regional inequalities.

Paragraph 1 – A supplementary law shall provide for:

1. the conditions for the integration of developing regions;
2. 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:

1. equality of tariffs, freight rates, insurance and other cost and price items which are within the responsibility of the Government;
2. favoured interest rates for the financing of priority activities;
3. exemptions, reductions or temporary deferment of federal taxes owed by individuals or by legal entities;
4. 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 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:

1. men and women have equal rights and duties under the terms of this Constitution;
2. no one shall be obliged to do or refrain from doing something except by virtue of law;
3. no one shall be submitted to torture or to inhuman or degrading treatment;
4. the expression of thought is free, and anonymity is forbidden;
5. 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;
6. 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;
7. under the terms of the law, the rendering of religious assistance in civil and military establishments of collective confinement is ensured;
8. 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;
9. the expression of intellectual, artistic, scientific, and communications activities is free, independently of censorship or license;
10. 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;
11. 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;
12. 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;
13. the practice of any work, trade or profession is free, observing the professional qualifications which the law shall establish;
14. access to information is ensured to everyone and the confidentiality of the source shall be safeguarded, whenever necessary to the professional activity;
15. 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;
16. 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;
17. freedom of association for lawful purposes is fully guaranteed, any paramilitary association being forbidden;
18. 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;
19. 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;
20. no one shall be compelled to become associated or to remain associated;
21. when expressly authorized, associations shall have the legitimacy to represent their members either judicially or extrajudicially:
22. the right of property is guaranteed;
23. property shall observe its social function;
24. 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;
25. 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;
26. 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;
27. 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;
28. under the terms of the law, the following are ensured:
1. protection of individual participation in collective works and of reproduction of the human image and voice, sports activities included;
2. 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;
29. 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;
30. the right to inheritance is guaranteed;
31. 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;
32. the State shall provide, as set forth by law, for the defense of consumers;
33. 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:
34.  the following are ensured to everyone without any payment of fees
1. the right to petition the Government in defense of rights or against illegal acts or abuse of power;
2. the obtaining of certificates from government offices, for the defense of rights and clarification of situations of personal interest;
35. the law shall not exclude any injury or threat to a right from the consideration of the Judicial Power;
36.  the law shall not injure the vested right, the perfect juridical act and the res judicata:
37.   there shall be no exceptional tribunal or court:
38.    the institution of the jury is recognized, according to the organization which the law shall establish, and the following are ensured:
1. full defense;
2. secrecy of voting;
3. sovereignty of verdicts;
4. power to judge willfill crimes against life;
39. there is no crime without a previous law to define it, nor a punishment without a previous legal commination;
40. penal law shall not be retroactive, except to benefit the defendant;
41. the law shall punish any discrimination which may attempt against fundamental rights and liberties;
42. the practice of racism is a non-bailable crime, with no limitation, subject to the penalty of confinement, under the terms of the law;
43. 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;
44. 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;
45. 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;
46. the law shall regulate the individualization of punishment and shall adopt the following, among others:
1. deprivation or restriction of freedom;
2. loss of assets;
3. fine;
4. alternative rendering of social service;
5. suspension or deprivation of rights;
47. there shall be no punishment:
1. of death, save in case of declared war under the terms of article 84, MX;
2. of life imprisonment;
3. of hard labour;
4. of banishment;
5. which is cruel;
48. the sentence shall be served in separate establishments, according to the nature of the offense, the age and the sex of the convict;
49. prisoners are ensured of respect to their physical and moral integrity;
50. female prisoners shall be ensured of adequate conditions to stay with their children during the nursing period;
51. 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;
52. extradition of a foreigner on the basis of political or ideological crime shall not be granted;
53. no one shall undergo legal proceeding or sentencing save by the competent authority;
54. no one shall be deprived of freedom or of his assets without the due process of law;
55. 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;
56. evidence obtained through illicit means are unacceptable in the process;
57. no one shall be considered guilty before the issuing of a final and unappealable penal sentence;
58. no one who has undergone civil identification shall be submitted to criminal identification, save in the cases provided by law;
59. 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;
60. the law may only restrict the publicity of procedural acts when the defense of privacy or the social interest require it;
61. 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;
62. 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;
63. 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;
64. the arrested person is entitled to identification of those responsible for his arrest or for his police questioning;
65. illegal arrest shall be immediately remitted by the judicial authority;
66. no one shall be taken to prison or held therein, when the law admits release on own recognizance, subject or not to bail;
67. 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;
68. 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;
69. 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;
70. a collective writ of mandamus may be filed by:
1. a political party represented in the National Congress;
2. 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;
71. 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;
72. habeas data shall be granted:
1. to ensure the knowledge of information related to the person of the petitioner, contained in records or databanks of government agencies or of agencies of a public character;
2. for the correction of data, when the petitioner does not prefer to do so through a confidential process, either judicial or administrative;
73. any citizen is a legitimate party to file a people’s 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;
74. the State shall provide full and free-of-charge legal assistance to all who prove insufficiency of funds;
75. 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;
76. for all who are acknowledgedly poor, the following is free of charge, under the terms of the law:
1. civil birth certificate;
2. death certificate;
77.   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;

Paragraph 1. 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.

CHAPTER II – SOCIAL RIGHTS

Article 6. Education, health, work, leisure, security, social security, 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:

1. 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;
2. unemployment insurance, in the event of involuntary unemployment;
3. severance-pay fund;
4. nationally unified minimum 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;
5. a salary floor in proportion to the extent and complexity of the work;
6. irreducibility of the wages, except when established in collective agreement or covenant;
7. guarantee of wages never below the minimum one, for those receiving variable pay;
8. year-end one-salary bonus based on the full pay or on the amount of the pension;
9. payrate for night-shift work higher than that for daytime work;
10. wage protection, as provided by law, with felonious withholding c. wages being a crime;
11. participation in the profits or results, independent of wages, and, exceptionally, participation in the management of the company, defined by law;
12. family allowance for their dependents;
13. normal working hours not exceeding eight hours per day a forty-four hours per week, with the option of compensating working hours a reducing the length of the workday through an agreement or a collection bargaining covenant;
14. a workday of six hours for work carried out in continuous s} unless otherwise established by collective bargaining;
15. paid weekly leave, preferably on Sundays;
16. rate of pay for overtime at least fifty per cent higher than that of normal work;
17. annual vacation with remuneration at least one third higher than the normal salary;
18. maternity leave without loss of job and of salary, for a period of one hundred and twenty days;
19. paternity leave, under the terms established by law;
20. protection of the labour market for women through specific incentives, as provided by law;
21. advance notice of dismissal in proportion to the length of service of at least thirty days, as provided by law;
22. reduction of employment related risks by means of health, hygiene and safety rules;
23. additional remuneration for strenuous, unhealthy or dangerous work, as established by law;
24. retirement pension;
25. free assistance for children and dependents from birth to six years of age, in day-care centres and pre-school facilities;
26. recognition of collective bargaining agreements and covenants;
27. protection on account of automation, as established by law;
28.  occupational accident insurance, to be paid for by the employer, without excluding the employer’s liability for indemnity in the event of malice or fault;
29. legal action with respect to credits arising from employment relationships with a limitation of:
1. five years for urban workers, up to the limit of two years after the end of the employment contract;
2. up to two years after the end of the contract for rural workers;
30. prohibition of any difference in wages, in the performance of duties and in hiring criteria by reason of sex, age, colour or marital status;
31. prohibition of any discrimination with respect to wages and hiring criteria of handicapped workers;
32. prohibition of any distinction between manual, technical and intellectual work or among the respective professionals;
33.  prohibition of night, dangerous or unhealthy work for minors under eighteen years of age, and of any work for minors under fourteen years of age, except as an apprentice;
34.  equal rights for workers with a permanent employment bond and for sporadic workers.

Sole paragraph – The category of domestic servants is ensured of the rights set forth in items IV, VI, VIII, XV, XVII, XVIII, XIX, XXI and XXIV, as well as of integration in the social security system.

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

1. 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;
2. 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;
3. it falls to the union to defend the collective or individual rights and interests of the category, including legal or administrative disputes;
4. 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;
5. no one shall be required to join or to remain a member of a union;
6. the collective labor bargainings must be held with the participation of unions;
7. retired members shall be entitled to vote and be voted on in unions;
8. 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 workers to decide on the advisability of exercising it and on the interests to defended thereby.

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

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

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

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

CHAPTER III – NATIONALITY

Article 12. The following are Brazilians:

1. by birth:
1. those born in the Federative Republic of Brazil, even if of foreign parents, provided that they are not at the service of their country;
2. 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:
3. those born abroad, of a Brazilian father or a Brazilian mother, provided that they come to reside in the Federative Republic of Brazil and opt for the Brazilian nationality at any time;
2. naturalized:
1. 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;
2. 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:

1. those of President and Vice-President of the Republic;
2. that of President of the Chamber of Deputies;
3. that of President of the Federal Senate;
4. that of Justice of the Supreme Federal Court;
5. those of the diplomatic career;
6. that of officer of the Armed Forces.

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

1. has his naturalization cancelled by court decision on account of an activity harmful to the national interests;
2. acquires another nationality, save in the cases:
1. of recognition of the original nationality by the foreign law;
2. 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:

1. plebiscite;
2. referendum;
3. people’s initiative.

Paragraph 1. Electoral enrollment and voting are:

1. mandatory for persons over eighteen years of age;
2. optional for:
1. the illiterate;
2. those over seventy years of age;
3. 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:
1. the Brazilian nationality;
2. the full exercise of the political rights;
3. the electoral enrollment;
4. the electoral domicile in the electoral district;
5. the membership in a political party;
6. the minimum age of:
1. thirty-five years for President and Vice-President of the Republic and Senator;
2. thirty years for Governor and Vice-Governor of a state and of the Federal District;
3. twenty-one years for Federal Deputy, State or District Deputy, Mayor, Vice-Mayor and justice of the peace:
4. 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:
1. if he has less than ten years of service, he shall have to take leave from military activities;
2. 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, 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 of ficial 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.
_________
* CA 16/97

Article 15. Disfranchisement of political rights is forbidden, the loss or suspension of which rights shall apply only in the event of:
1. cancellation of naturalization by a final and unappealable judgement;
2. absolute civil incapacity
3. final and unappealable criminal sentence, for as long as its effects last;
4. refusal to comply with an obligation imposed upon everyone or render an alternative service, according to article 5. VIII;
5. administrative dishonesty, according to article 37, paragraph 4.
Article 16. The law that alters the electoral procedure shall come into force 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:
1. national character;
2. prohibition from receiving financial assistance from a foreign entity or government or from subordination to same:
3. rendering of accounts to the Electoral Courts;
4. operation in the National Congress in accordance with the law.
Paragraph 1. Political parties are ensured of autonomy to define their internal structure, organization and operation, and their by-laws shall establish rules of party loyalty and discipline.

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

Paragraph 3. Political parties are entitled to monies from the party fund and to free-of-charge access to radio and television, as established by law.

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