Article 198 of the Constitution of Brazil

deral co nstitution, with due regard for the spending limits stipulated by the su pplementary la w referred to in article 169 of the fe deral co nstitution. Sole paragraph. W orkers who, on the date of enactment of this Amendment, and on any account, are carrying out the activities of community health workers or endemic disease control agents, in accordance with the law, are not required to undergo the public selection process referred to in paragraph 4 of article 198 of the fe deral co nstitution, provided that they have been hired via a previous public selection process carried out by bodies or entities of the direct or indirect administration of a st ate, the fe deral di strict, or a Municipality, or by other institutions, under the effective supervision and authorization of the direct administration of the units of the Federation. a rticle 3. t his c onstitutional a mendment shall come into force on the date of its publication. miolo_constitution_versao_camara.indd 353 17/6/2010 15:01:17 Constitution of the Federative Republic of Brazil 354 brasília, february 14, 2006. THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Deputy Aldo Rebelo , p resident – d eputy José Thomaz Nonô, f irst vice- p resident – d eputy Ciro Nogueira , se cond vi ce-pr esident – de puty Inocêncio Oliveira , fi rst se cretary – de puty Nilton Capixaba , s econd s ecretary – d eputy João Caldas, f ourth s ecretary. THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator Renan Calheiros , pr esident – se nator Tião Viana , fi rst vi ce-pr esident – se nator Antero Paes de Barros , se cond vi ce-pr esident – se nator Efraim Morais , fi rst se cretary – se nator João Alberto Souza , se cond se cretary – se nator Paulo Octávio , th ird se cretary – se nator Eduardo Siqueira Campos, f ourth s ecretary. p ublished in the Official Journal , f ebruary 15, 2006. miolo_constitution_versao_camara.indd 354 17/6/2010 15:01:17 Constitutional Amendments 355 Constitutional amen D ment n o. 52, 2006 Gives new wording to paragraph 1 of article 17 of the Federal Constitution to regulate electoral coalitions. t he d irecting b oards of the c hamber of d eputies and of the f ederal s enate, under the terms of paragraph 3 of article 60 of the f ederal c onstitution, enact the following Amendment to the constitutional text: a rticle 1. Paragraph 1 of article 17 of the Federal Constitution shall henceforth read as follows: “Article 17. .............................................................................. .................................................................................................. P aragraph 1. P olitical parties are ensured of autonomy to define their internal structure, organization, and operation, and to adopt the selection criteria and the composition of their electoral coalitions, without being required to follow the same party alliances at the national, state, f ederal d istrict, or municipal levels, and their by-laws shall establish rules of party loyalty and discipline. ................................................................................................ ” a rticle 2. t his c onstitutional a mendment shall come into force on the date of its publication, and shall apply to the elections to be held in the year 2002.26 brasília, March 8, 2006. THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: d eputy Aldo Rebelo , p resident – d eputy José Thomaz Nonô, f irst vice- p resident – d eputy Ciro Nogueira , se cond vi ce-pr esident – de puty Inocêncio Oliveira , fi rst se cretary – de puty Nilton Capixaba , s econd s ecretary – d eputy João Caldas, f ourth s ecretary. THE DIRECTING BOARD OF THE FEDERAL SENATE: se nator Renan Calheiros , pr esident – se nator Tião Viana , fi rst vi ce-pr esident – se nator Antero Paes de Barros , se cond vi ce-pr esident – se nator Efraim Morais , fi rst se cretary – se nator João Alberto Souza , se cond se cretary – se nator Paulo Octávio , th ird se cretary – se nator Eduardo Siqueira Campos, f ourth s ecretary. p ublished in the Official Journal , March 9, 2006. 26 by virtue of a decision of the s upreme f ederal c ourt, on March 23, 2006, which declared di rect ac tion of un constitutionality – a din no. 3,685 to be valid, the provisions of this c onstitutional a mendment shall be effective as from the 2010 elections. miolo_constitution_versao_camara.indd 355 17/6/2010 15:01:17 Constitution of the Federative Republic of Brazil 356 Constitutional amen D ment n o. 53, 2006 Gives new wording to articles 7, 23, 30, 206, 208, 211, and 212 of the Federal Constitution and to article 60 of the Temporary Constitutional Provisions Act. t he d irecting b oards of the c hamber of d eputies and of the f ederal s enate, under the terms of paragraph 3 of article 60 of the f ederal c onstitution, enact the following Amendment to the constitutional text: a rticle 1. The Federal Constitution shall henceforth read as follows: “Article 7. ................................................................................ .................................................................................................. XXV – free assistance for children and dependents of up to five years of age, in day-care centres and pre-school facilities; ................................................................................................ ”“ a rticle 23. ............................................................................... ..................................................................................................S ole paragraph. su pplementary laws shall establish rules for the cooperation between the f ederal Government and the states, the f ederal d istrict, and the municipalities, aiming at the attainment of balanced development and well-being on a nationwide scope.” “ a rticle 30. .............................................................................. ..................................................................................................VI – maintain, with the technical and financial cooperation of the f ederal Government and the state, programs of infant and elementary school education;................................................................................................ ”“ a rticle 206. ............................................................................ .................................................................................................. v – appreciation of the value of school education professionals, guaranteeing, in accordance with the law, career schemes for public school teachers, with admittance exclusively by means of public entrance examinations consisting of tests and presentation of academic and professional credentials; .................................................................................................. viii – a nationwide professional minimum salary for public school teachers, under the terms of a federal law. miolo_constitution_versao_camara.indd 356 17/6/2010 15:01:17 Constitutional Amendments 357 Sole paragraph. T he law shall provide for the classes of workers to be considered basic education professionals, as well as for the deadline for the preparation or adaptation of their career schemes, within the sphere of the fe deral Government, the s tates, the f ederal d istrict, and the Municipalities.” “ a rticle 208. ............................................................................ .................................................................................................. IV – infant education to children of up to 5 (five) years of age in day-care centers and pre-schools;................................................................................................ ”“ a rticle 211. ............................................................................ .................................................................................................. pa ragraph 5. pu blic basic education shall give priority to regular education.”“ a rticle 212. . ........................................................................... .................................................................................................. pa ragraph 5. pu blic basic education shall have, as an additional source of financing, the social contribution for education, a payroll tax levied on companies, as provided by law. p aragraph 6. s tate and municipal quotas of the proceeds from the collection of the social contribution for education shall be distributed in proportion to the number of students enrolled in basic education in the respective public school systems.” ar ticle 2. ar ticle 60 of the te mporary co nstitutional pr ovisions ac t shall henceforth read as follows: “ar ticle 60. in the 14 (fourteen) years following the promulgation of this co nstitutional am endment, the st ates, the fe deral di strict, and the Municipalities shall allocate a portion of the monies referred to in the head paragraph of article 212 of the fe deral co nstitution, to the maintenance and development of basic education and to the payment of appropriate salaries to education workers, with due regard for the following provisions: i – the distribution of monies and responsibilities among the f ederal d istrict, the s tates, and their Municipalities is assured through the establishment, within each s tate and the f ederal di strict, of a fu nd for the Maintenance and de velopment of ba sic ed ucation and for the ap preciation of ed ucation Professionals – FUNDEB, of a financial nature; ii – the f unds referred to in item i of the head paragraph of this article shall be made up of 20% (twenty percent) of the miolo_constitution_versao_camara.indd 357 17/6/2010 15:01:17 Constitution of the Federative Republic of Brazil 358 resources referred to in items I, II, and III of article 155; item II of the head paragraph of article 157; items II, III, and IV of the head paragraph of article 158; and subitems a and b of item i , and item ii of the head paragraph of article 159, of the f ederal c onstitution, and shall be distributed among each s tate and its municipalities, in proportion to the number of students in the various grades and modalities of on-site basic education, enrolled in the respective school systems, within the respective scope of priority action as established by paragraphs 2 and 3 of article 211 of the Federal Constitution; iii – with due regard for the guarantees established in items i , ii , iii , and iv of the head paragraph of article 208 of the f ederal Constitution, as well as for the basic education universalization goals established in the n ational e ducation p lan, the law shall provide for: a) the organization of the Funds, the proportional distribution of their resources, the differences and weightings regarding the annual value per student among the various grades and modalities of basic education and types of schools; b) the form of calculation of the minimum annual value per student; c) the maximum percentages for the allocation of fund resources to the various grades and modalities of basic education, with due regard for articles 208 and 214 of the f ederal c onstitution, as well as for the National Education Plan goals; d) oversight and control of the Funds;e) a deadline to stipulate, by means of a specific law, a nationwide professional minimum salary for public school teachers of basic education; iv – the resources transferred to the f unds established under the terms of item i of the head paragraph of this article shall be applied by the s tates and Municipalities exclusively within the scope of their priority actions, as established by paragraphs 2 and 3 of article 211 of the Federal Constitution; v – the federal Government shall supplement the resources of the f unds referred to in item ii of the head paragraph of this article, whenever in the fe deral di strict and in each s tate, the value per student does not reach the nationally set minimum value, stipulated in accordance with the provisions of item vii of the head paragraph of this article, and use of the resources referred to in paragraph 5 of article 212 of the f ederal Constitution is forbidden; VI – up to 10% (ten percent) of the resources supplemented by the f ederal Government as set forth in item v of the head miolo_constitution_versao_camara.indd 358 17/6/2010 15:01:17 Constitutional Amendments 359 paragraph of this article may be distributed to the fu nds by means of programs aimed at improving the quality of education, under the terms of the law referred to in item iii of the head paragraph of this article; vii – the minimum amount of resources supplemented by the fe deral Government as set forth in item v of the head paragraph of this article shall be equal to: a) R$ 2,000,000,000.00 (two billion reais), in the first year the Funds are in force; b) r $ 3,000,000,000.00 (three billion reais), in the second year the Funds are in force; c) R$ 4,500,000,000.00 (four billion and five hundred million reais), in the third year the Funds are in force; d) 10% (ten percent) of the total amount of resources referred to in item ii of the head paragraph of this article, as from the fourth year the Funds are in force; VIII – the resources earmarked for the maintenance and development of education as established in article 212 of the Federal Constitution may cover a maximum amount of 30% (thirty percent) of the resources supplemented by the f ederal Government, taking into consideration, for the purposes of this item, the amounts set forth in item vii of the head paragraph of this article; i X – the amounts referred to in subitems a, b, and c of item vii of the head paragraph of this article shall be adjusted every year as from the promulgation of this c onstitutional a mendment, so that the real value of the supplementation provided by the Federal Government is permanently preserved; X – the supplementation provided by the f ederal Government shall comply with the provisions of article 160 of the f ederal Constitution; X i – the competent authority shall be held liable for crime of malversation in case of non-compliance with the provisions of items V and VII of the head paragraph of this article; XII – a share of not less than 60% (sixty percent) of the resources of each f und referred to in item i of the head paragraph of this article shall be used for the payment of basic education teachers who are actually teaching. Paragraph 1. W hen financing basic education, the Federal Government, the st ates, the fe deral di strict, and the Municipalities shall ensure that the quality of education will be improved, so as to guarantee a nationally set minimum standard. miolo_constitution_versao_camara.indd 359 17/6/2010 15:01:17 Constitution of the Federative Republic of Brazil 360 paragraph 2. the value per elementary school student, within e ach st ate fu nd and the fe deral di strict fu nd, may not be lower than the value prescribed by the f und for the Maintenance and de velopment of el ementary ed ucation and for the ap preciation of the te aching pr ofession – f undef , in the year preceding the coming into force of this c onstitutional a mendment. pa ragraph 3. th e minimum annual value per elementary school student, within the fu nd for the Maintenance and de velopment of ba sic ed ucation and for the ap preciation of ed ucation pr ofessionals – f undeb , may not be lower than the minimum value stipulated for the entire country in the year preceding the year in which this co nstitutional am endment comes into force. pa ragraph 4. fo r the purposes of distribution of the resources of the fu nds referred to in item i of the head paragraph of this article, the total number of students enrolled in elementary education will be taken into account, and, as regards infant education, high school, and the education of young people and adults, 1/3 (one third) of the total number of students enrolled in the first year, 2/3 (two thirds) in the second year, and the total number as from the third year shall be taken into consideration. pa ragraph 5. th e percentage of resources to constitute the f unds, in accordance with item ii of the head paragraph of this article, shall be gradually achieved over the first 3 (three) years the Funds are in force, as follows: i – as to the taxes and transfers mentioned in item ii of the head paragraph of article 155; item IV of the head paragraph of article 158; and subitems a and b of item i and item ii of the head paragraph of article 159 of the Federal Constitution: a) 16.66% (sixteen and sixty-six hundredths of one percent), in the first year; b) 18.33% (eighteen and thirty-three hundredths of one percent), in the second year; c) 20% (twenty percent), as from the third year; ii – as to the taxes and transfers mentioned in items i and iii of the head paragraph of article 155; item II of the head paragraph of article 157; and items II and III of the head paragraph of article 158 of the Federal Constitution: a) 6.66% (six and sixty-six hundredths of one percent), in the first year; b) 13.33% (thirteen and thirty-three hundredths of one percent), in the second year; c) 20% (twenty percent), as from the third year. miolo_constitution_versao_camara.indd 360 17/6/2010 15:01:17 Constitutional Amendments 361 Paragraph 6. (Revoked). Paragraph 7. (Revoked).” a rticle 3. t his c onstitutional a mendment shall come into force on the date of its publication, and article 60 of the temporary c onstitutional p rovisions a ct, as established by c onstitutional a mendment no. 14, s eptember 12, 1996, shall remain in effect until the fu nds come into force, under the terms of this co nstitutional a mendment. b rasília, d ecember 19, 2006. THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: d eputy Aldo Rebelo , p resident – d eputy José Thomaz Nonô, f irst vice- p resident – d eputy Ciro Nogueira , se cond vi ce-pr esident – de puty Inocêncio Oliveira , fi rst se cretary – de puty Nilton Capixaba , se cond se cretary – de puty Eduardo Gomes , th ird s ecretary. THE DIRECTING BOARD OF THE FEDERAL SENATE: se nator Renan Calheiros , pr esident – se nator Tião Viana , fi rst vi ce-pr esident – se nator Antero Paes de Barros , se cond vi ce-pr esident – se nator Efraim Morais , fi rst se cretary – se nator João Alberto Souza , se cond se cretary – se nator Paulo Octávio , th ird se cretary – se nator Eduardo Siqueira Campos, f ourth s ecretary. p ublished in the Official Journal , d ecember 20, 2006. miolo_constitution_versao_camara.indd 361 17/6/2010 15:01:17 Constitution of the Federative Republic of Brazil 362 Constitutional amen D ment n o. 54, 2007 Gives new wording to letter c of Item I of article 12 of the Federal Constitution and adds article 95 to the Temporary Constitutional Provisions Act, to ensure that Brazilians born abroad may be registered with Brazilian consulates. t he d irecting b oards of the c hamber of d eputies and of the f ederal s enate, under the terms of paragraph 3 of article 60 of the f ederal c onstitution, promulgate the following Amendment to the constitutional text: ar ticle 1. le tter c of item i of article 12 of the fe deral co nstitution shall henceforth read as follows: “ a rticle 12. .............................................................................. .................................................................................................. i – ............................................................................................ c) those born abroad, to a Brazilian father or a Brazilian mother, provided that they are registered with a competent Brazilian authority, or come to reside in the Federative Republic of Brazil, and opt for the Brazilian nationality at any time after reaching majority; ................................................................................................ ” a rticle 2. t he temporary c onstitutional p rovisions a ct shall henceforth include the following article 95: “Article 95. Persons born abroad between June 7, 1994, and the date of enactment of this c onstitutional a mendment, to a Brazilian father or a Brazilian mother, may be registered with a Brazilian diplomatic or consular authority, or with an official registry if they come to reside in the f ederative r epublic of Brazil.” a rticle 3. t his c onstitutional a mendment shall come into force on the date of its publication. Brasília, September 20, 2007.THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: d eputy Arlindo Chinaglia , pr esident – de puty Narcio Rodrigues , fi rst vi ce-pr esident – de puty Inocêncio Oliveira, se cond vi ce-pr esident – de puty Osmar Serraglio , fi rst se cretary – de puty Ciro Nogueira , se cond se cretary – de puty Waldemir Moka , th ird se cretary – d eputy José Carlos Machado, f ourth s ecretary miolo_constitution_versao_camara.indd 362 17/6/2010 15:01:17 Constitutional Amendments 363 THE DIRECTING BOARD OF THE FEDERAL SENATE: se nator Renan Calheiros , p resident – s enator Tião Viana, f irst vice- p resident – s enator Alvaro Dias, s econd vice- p resident – s enator Efraim Morais, f irst s ecretary – s enator Gerson Camata, s econd s ecretary – s enator César Borges, t hird s ecretary – s enator Magno Malta, f ourth s ecretary. p ublished in the Official Journal , September 21, 2007. miolo_constitution_versao_camara.indd 363 17/6/2010 15:01:17 Constitution of the Federative Republic of Brazil 364 Constitutional amen D ment n o. 55, 2007 Alters article 159 of the Federal Constitution, to increase the amount of funds remitted by the Federal Government to the Revenue Sharing Fund of the Municipalities. t he d irecting b oards of the c hamber of d eputies and of the f ederal s enate, under the terms of paragraph 3 of article 60 of the f ederal c onstitution, enact the following Amendment to the constitutional text: ar ticle 1. A rticle 159 of the Federal Constitution shall henceforth read as follows: “ a rticle 159. ............................................................................ .................................................................................................. i – of the proceeds from the collection of the tax on income and earnings of any nature and of the tax on industrialized products, forty-eight per cent as follows: .................................................................................................. d) one per cent to the re venue sh aring fu nd of the Municipalities, to be remitted within the first ten days of the month of December of each year; ................................................................................................ ” ar ticle 2. I n fiscal year 2007, the alterations introduced by this Constitutional am endment to article 159 of the fe deral co nstitution shall apply only to the collection of the tax on income and earnings of any nature and of the tax on industrialized products carried out as from September 1, 2007. a rticle 3. t his c onstitutional a mendment shall come into force on the date of its publication. Brasília, September 20, 2007.THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: d eputy Arlindo Chinaglia , pr esident – de puty Narcio Rodrigues , fi rst vi ce-pr esident – de puty Inocêncio Oliveira, se cond vi ce-pr esident – de puty Osmar Serraglio , fi rst se cretary – de puty Ciro Nogueira , se cond se cretary – de puty Waldemir Moka , th ird se cretary – d eputy José Carlos Machado, f ourth s ecretary. THE DIRECTING BOARD OF THE FEDERAL SENATE: se nator Renan Calheiros , p resident – s enator Tião Viana, f irst vice- p resident – s enator Alvaro Dias, s econd vice- p resident – s enator Efraim Morais, f irst s ecretary – s enator Gerson Camata, s econd s ecretary – s enator César Borges, t hird s ecretary – s enator Magno Malta, f ourth s ecretary. p ublished in the Official Journal , September 21, 2007. miolo_constitution_versao_camara.indd 364 17/6/2010 15:01:17 Constitutional Amendments 365 Constitutional amen D ment n o. 56, 2007 Extends the period of time stipulated in the head paragraph of article 76 of the Temporary Constitutional Provisions Act and makes further provisions. th e di recting bo ards of the ch amber of de puties and of the fe deral se nate, under the terms of paragraph 3 of article 60 of the fe deral co nstitution, enact the following Amendment to the constitutional text: ar ticle 1. T he head paragraph of article 76 of the Temporary Constitutional Provisions Act shall henceforth read as follows: “Article 76. T wenty percent of the proceeds from the collection by the u nion of taxes, social contributions, and contributions for intervention in the economic domain, already instituted or that may be instituted by d ecember 31, 2011, as well as their additional taxes and respective legal increases, shall not be earmarked to any agency, fund, or expense in the said period. ................................................................................................ ” a rticle 2. t his c onstitutional a mendment shall come into force on the date of its publication. Brasília, December 20, 2007. THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Deputy Arlindo Chinaglia , pr esident – de puty Narcio Rodrigues , fi rst vi ce-pr esident – de puty Inocêncio Oliveira , se cond vi ce-pr esident – de puty Osmar Serraglio , fi rst se cretary – de puty Ciro Nogueira , se cond se cretary – de puty Waldemir Moka , t hird s ecretary. THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator Garibaldi Alves Filho, pres ident – senator Alvar o Dias , seco nd vice- pres ident – senator Efr aim Morais, f irst s ecretary – s enator Gerson Camata, s econd s ecretary – s enator César Borges, t hird s ecretary – s enator Magno Malta, f ourth s ecretary. p ublished in the Official Journal , December 21, 2007. miolo_constitution_versao_camara.indd 365 17/6/2010 15:01:17 Constitution of the Federative Republic of Brazil 366 Constitutional amen D ment n o. 57, 2008 Adds an article to the Temporary Constitutional Provisions Act with a view to confirming acts aimed at the establishment, fusion, merger, and dismemberment of municipalities. th e di recting bo ards of the ch amber of de puties and of the fe deral se nate, under the terms of paragraph 3 of article 60 of the fe deral co nstitution, enact the following Amendment to the constitutional text: a rticle 1. t he temporary c onstitutional p rovisions a ct shall henceforth include the following Article 96: “ a rticle 96. a cts aimed at the establishment, fusion, merger, and dismemberment of municipalities, whose act of creation was published on or before de cember 31, 2006, are hereby confirmed, provided that the requirements set forth in the legislation of the respective state at the time of establishment of said municipalities have been fulfilled. ” a rticle 2. t his c onstitutional a mendment shall come into force on the date of its publication. b rasília, d ecember 18, 2008. THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Deputy Arlindo Chinaglia , pr esident – de puty Narcio Rodrigues , fi rst vi ce-pr esident – de puty Inocêncio Oliveira, se cond vi ce-pr esident – de puty Osmar Serraglio , fi rst se cretary – de puty Ciro Nogueira , se cond se cretary – de puty Waldemir Moka , th ird se cretary – d eputy José Carlos Machado, f ourth s ecretary. THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator Garibaldi Alves Filho, p resident – s enator Tião Viana, f irst vice- p resident – s enator Alvaro Dias, s econd vice- p resident – s enator Gerson Camata, s econd s ecretary – s enator César Borges, t hird s ecretary – s enator Magno Malta, f ourth s ecretary. p ublished in the Official Journal , d ecember 18, 2008. miolo_constitution_versao_camara.indd 366 17/6/2010 15:01:17 Constitutional Amendments 367 Constitutional amen D ment n o. 58, 2009 Alters the wording of item IV of the head paragraph of article 29 and the wording of Article 29-A of the Federal Constitution, establishing provisions for the composition of Municipal Chambers. t he d irecting b oards of the c hamber of d eputies and of the f ederal s enate, under the terms of paragraph 3 of article 60 of the f ederal c onstitution, enact the following Amendment to the constitutional text: a rticle 1. i tem iv of the head paragraph of article 29 of the f ederal c onstitution shall henceforth read as follows: “ a rticle 29 ............................................................................... .................................................................................................. i v – the following limits shall apply to the composition of Municipal Chambers: a) 9 (nine) councilmen, in Municipalities with up to 15,000 (fifteen thousand) inhabitants; b) 11 (eleven) councilmen, in Municipalities with over 15,000 (fifteen thousand) inhabitants and with up to 30,000 (thirty thousand) inhabitants; c) 13 (thirteen) councilmen, in Municipalities with over 30,000 (thirty thousand) inhabitants and with up to 50,000 (fifty thousand) inhabitants; d) 15 (fifteen) councilmen, in Municipalities with over 50,000 (fifty thousand) inhabitants and with up to 80,000 (eighty thousand) inhabitants; e) 17 (seventeen) councilmen, in Municipalities with over 80,000 (eighty thousand) inhabitants and with up to 120,000 (one hundred and twenty thousand) inhabitants; f) 19 (nineteen) councilmen, in Municipalities with over 120,000 (one hundred and twenty thousand) inhabitants and with up to 160,000 (one hundred and sixty thousand) inhabitants; g) 21 (twenty-one) councilmen, in Municipalities with over 160,000 (one hundred and sixty thousand) inhabitants and with up to 300,000 (three hundred thousand) inhabitants; h) 23 (twenty-three) councilmen, in Municipalities with over 300,000 (three hundred thousand) inhabitants and with up to 450,000 (four hundred and fifty thousand) inhabitants; miolo_constitution_versao_camara.indd 367 17/6/2010 15:01:17 Constitution of the Federative Republic of Brazil 368 i) 25 (twenty-five) councilmen, in Municipalities with over 450,000 (four hundred and fifty thousand) inhabitants and with up to 600,000 (six hundred thousand) inhabitants; j) 27 (twenty-seven) councilmen, in Municipalities with over 600,000 (six hundred thousand) inhabitants and with up to 750,000 (seven hundred thousand) inhabitants; k) 29 (twenty-nine) councilmen, in Municipalities with over 750,000 (seven hundred thousand) inhabitants and with up to 900,000 (nine hundred thousand) inhabitants; l) 31 (thirty-one) councilmen, in Municipalities with over 900,000 (nine hundred thousand) inhabitants and with up to 1,050,000 (one million and fifty thousand) inhabitants; m) 33 (thirty-three) councilmen, in Municipalities with over 1,050,000 (one million and fifty thousand) inhabitants and with up to 1,200,000 (one million and two hundred thousand) inhabitants; n) 35 (thirty-five) councilmen, in Municipalities with over 1,200,000 (one million and two hundred thousand) inhabitants and with up to 1,350,000 (one million three hundred and fifty thousand) inhabitants; o) 37 (thirty-seven) councilmen, in Municipalities with 1,350,000 (one million three hundred and fifty thousand) inhabitants and with up to 1,500,000 (one million five hundred thousand) inhabitants; p) 39 (thirty-nine) councilmen, in Municipalities with over 1,500,000 (one million five hundred thousand) inhabitants and with up to 1,800,000 (one million eight hundred thousand) inhabitants; q) 41 (forty-one) councilmen, in Municipalities with over 1,800,000 (one million eight hundred thousand) inhabitants and with up to 2,400,000 (two million four hundred thousand) inhabitants; r) 43 (forty-three) councilmen, in Municipalities with over 2,400,000 (two million four hundred thousand) inhabitants and with up to 3,000,000 (three million) inhabitants; s) 45 (forty-five) councilmen, in Municipalities with over 3,000,000 (three million) inhabitants and with up to 4,000,000 (four million) inhabitants; t) 47 (forty-seven) councilmen, in Municipalities with over 4,000,000 (four million) inhabitants and with up to 5,000,000 (five million) inhabitants; u) 49 (forty-nine) councilmen, in Municipalities with over 5,000,000 (five million) inhabitants and with up to 6,000,000 (six million) inhabitants; miolo_constitution_versao_camara.indd 368 17/6/2010 15:01:17 Constitutional Amendments 369 v) 51 (fifty-one) councilmen, in Municipalities with over 6,000,000 (six million) inhabitants and with up to 7,000,000 (seven million) inhabitants; w) 53 (fifty-three) councilmen, in Municipalities with over 7,000,000 (seven million) inhabitants and with up to 8,000,000 (eight million) inhabitants; and x) 55 (fifty-five) councilmen, in Municipalities with over 8,000,000 (eight million) inhabitants; ................................................................................................ ” ar ticle 2. ar ticle 29- a of the fe deral co nstitution shall henceforth read as follows: “ a rticle 29- a ........................................................................... I – 7% (seven percent) in the case of Municipalities having up to 100,000 (one hundred thousand) inhabitants;II – 6% (six percent) in the case of Municipalities having between 100,000 (one hundred thousand) and 300,000 (three hundred thousand) inhabitants; III – 5% (five percent) in the case of Municipalities having between 300,001 (three hundred thousand and one) inhabitants and 500,000 (five hundred thousand) inhabitants; IV – 4.5% (four and five tenths per cent) in the case of Municipalities having between 500,001 (five hundred thousand and one) and 3,000,000 (three million) inhabitants; V – 4% (four percent) in the case of Municipalities having between 3,000,001 (three million and one) and 8,000,000 (eight million) inhabitants; VI – 3.5% (three and five tenths per cent) in the case of Municipalities having over 8,000,001 (eight million and one) inhabitants. ................................................................................................ ” a rticle 3. t his c onstitutional a mendment shall come into force on the date of its publication, as follows: I – the provisions of Article 1 shall be effective as from the 2008 elections; and ii – the provisions of a rticle 2 shall be effective as from January 1 of the year following the year this amendment is published. b rasília, d ecember 23, 2009. THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Deputy Michel Temer, Speaker – Deputy Marco Maia, f irst vice- p resident – d eputy Antônio Carlos miolo_constitution_versao_camara.indd 369 17/6/2010 15:01:17 Constitution of the Federative Republic of Brazil 370 Magalhães Neto, s econd vice- p resident – d eputy Rafael Guerra, f irst s ecretary – de puty Inocêncio Oliveira , se cond se cretary – de puty Odair Cunha , th ird se cretary – d eputy Nelson Marquezelli , f ourth s ecretary. THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator José Sarney, pr esident – se nator Marconi Perillo , fi rst vi ce-pr esident – se nator Heráclito Fortes , se cond vi ce-pr esident – se nator Mão Santa , se cond se cretary – se nator César Borges, a cting f ourth s ecretary. p ublished in the Official Journal , s eptember 24, 2009. miolo_constitution_versao_camara.indd 370 17/6/2010 15:01:17 Constitutional Amendments 371 Constitutional amen D ment n o. 59, 2009 Adds Paragragh 3 to Article 76 of the Temporary Constitutional Provisions Act, in order to effect a yearly reduction, as from fiscal year 2009, of the percentage of the DRU mechanism to de-earmark federal revenues calculated on the funds assigned to maintenance and development of education referred to in Article 212 of the Federal Constitution; gives new wording to items I and VII of Article 208, so as to make basic education mandatory for every individual from the age of four through the age of seventeen, and to extend supplementary programs to all grades of basic education; and gives new wording to Paragraph 4 of Article 211, to Paragraph 3 of Article 212, and to the head paragraph of Article 214, also adding item VI to Article 214. th e di recting bo ards of the ch amber of de puties and of the fe deral se nate, under the terms of paragraph 3 of article 60 of the fe deral co nstitution, enact the following Amendment to the constitutional text: ar ticle 1. it ems i and v ii of ar ticle 208 of the fe deral co nstitution shall henceforth read as follows: “ a rticle 208. ............................................................................ i – mandatory basic education, free of charge, for every individual from the age of 4 (four) through the age of 17 (seventeen), including the assurance of its free offer to all those who did not have access to it at the proper age; .................................................................................................. vii – assistance to students in all grades of basic education, by means of supplementary programmes providing school materials, transportation, food, and health care.” a rticle 2. p aragraph 4 of a rticle 211 of the f ederal c onstitution shall henceforth read as follows: “ a rticle 211. ............................................................................ .................................................................................................. Paragraph 4. In the organization of respective educational sys- tems, the f ederal Government, the s tates, the f ederal d istrict, and the Municipalities shall establish forms of cooperation, so as to guarantee the universalization of mandatory education.” miolo_constitution_versao_camara.indd 371 17/6/2010 15:01:18 Constitution of the Federative Republic of Brazil 372