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.
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.