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CONSTITUTIONAL AMENDMENTS part 3 – 1988 Constitution

Official Journal, March 2, 1994.

REVISION CONSTITUTIONAL AMENDMENT No. 2, 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. The expression "or any chief officers of agencies directly subordinate to the Presidency of the Republic" is added to the text of article 50 of the Constitution, which shall henceforth be in force with the following wording:

      "Article 50. The Chamber of Deputies and the Federal Senate, or any of their committees, may summon a Minister of State or army chief officers of agencies directly subordinate to the Presidency of the Republic to personally render information on a previously determined matter, and this absence without adequate justification shall constitute a crime of malversation."

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

      "Article 50…………………………………………………………….. Paragraph 2 – The Directing Boards of the Chamber of Deputies and of the Federal Senate may forward to the Ministers of State, or any of the persons mentioned in the caption of this article, written requests for information, and refusal or non-compliance, within a period of thirty days, as well as the rendering of false information, shall constitute a crime of malversation."

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

Brasília, June 7, 1994.

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

Official Journal, June 9, 1994.
ORIGINAL WORDING

Article 50.

      "Article 50. The Chamber of Deputies or the Federal Senate, as well as any of their committees may summon a Minister of State to personally render information on a previously determined matter, and this absence without adequate justification shall constitute a crime of malversation.
      Paragraph 2 – The Directing Board of the Chamber of Deputies and of the Federal Senate may forward to the Ministers of State written requests for information, and refusal or non-compliance, within a period of thirty days, as well as the rendering of false information, shall constitute a crime of malversation."

REVISION CONSTITUTIONAL AMENDMENT No. 3, 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. Letter c of item I, letter b of item II, paragraph 1 and item II of paragraph 4 of article 12 of the Federal Constitution shall henceforth be in force with the following wording:

      "Article 12………………………………………………………………
      I-…………………………………………………………………………………..
      a) ………………………………………………………………………………….
      b) …………………………………………………………………………………
      c) Those born abroad, of a Brazilian father or a Brazilian mother, provided that they come to reside in the Federative Republic of Brazil and opt for the Brazilian nationality at any time;
      II – …………………………………………………………………………
      a) …………………………………………………………………………..
      b) foreigners of any nationality, resident in the Federative Republic of Brazil for over fifteen uninterrupted years and without criminal conviction, provided that they apply for the Brazilian nationality.
      Paragraph I – 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 the Constitution.
      Paragraph 2 – ………………………………………………………..
      Paragraph 3 – …………………………………………………………
      Paragraph 4 – …………………………………………………………
      I-…………………………………………………………………………….
      II – acquires another nationality, save in the cases:
      a) of recognition of the original nationality by the foreign law;
      b) of imposition of naturalization, under the foreign rules, to the Brazilian resident in a foreign State, as a condition for permanence in its territory, or for the exercise of civil rights."

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

Brasília, June 7, 1994.

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

Official Journal, June 9, 1994.
ORIGINAL WORDING

Article 12:

      "I – ……………………………………………………………………………..
      c) those born abroad, of a Brazilian father or a Brazilian mother, provided that they are registered with a competent Brazilian authority, or come to reside in Brazil before reaching majority and, having reached majority, opt for the Brazilian nationality at any time;
      II – ………………………………………………………………………………
      b) foreigners of any nationality, resident in the Federative Republic of Brazil for over thirty uninterrupted years and without criminal conviction, provided that they apply for the Brazilian nationality.
      Paragraph 1. The rights inherent to born 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 4…………………………………………………………………. II – acquires another nationality by voluntary naturalization."

REVISION CONSTITUTIONAL AMENDMENT No. 4, 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. The expressions: "administrative probity, morality for the exercise of the office, the previous life of the candidate being considered, and", are added to paragraph 9 of article 14 of the Constitution, after the expression "in order to protect", the provision being henceforth in force with the following wording:

      "Article 14………………………………………………………………………………………
      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."

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

Brasília, June 7, 1994.

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

Official Journal, June 9, 1994.
ORIGINAL WORDING

Article 14:

      "Paragraph 9 – In order to protect 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."

REVISION CONSTITUTIONAL AMENDMENT No. 5, 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. In article 82, the expression "five years" is replaced by "four years."

Article 2. This Constitutional Amendment shall come into force on January 1, 1995.

Brasília, June 7, 1994.

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

Official Journal, June 9, 1994.
ORIGINAL WORDING

Article 82:

      "Article 82. The term of office of the President of the Republic is of five years, the re-election for the subsequent term being forbidden. and the term of office shall commence on January 1 of the year following the year of his election."

REVISION CONSTITUTIONAL AMENDMENT No. 6, 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. Paragraph 4 is added to article 55, with the following wording:

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

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

Brasília, June 7, 1994.

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

Official Journal, June 9, 1994.

   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."

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."