# Article 198 of the Constitution of Brazil

- Jurisdiction: Brazil (BR)
- Article: 198
- Chapter (as indexed): Chapter II: – Social
- Source document: Brazil Constitution
- Canonical (HTML): https://www.portablelaw.com/provision/05752be8-873d-41b9-8a76-61924ae00285
- This document: https://www.portablelaw.com/provision/05752be8-873d-41b9-8a76-61924ae00285/md
- Constitution: https://www.portablelaw.com/countries/561c3433-2160-4ca0-8e5a-8f5e9dbd522c

## Verbatim text

````
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.
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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
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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
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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.
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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.
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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
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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.
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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
````

## What this means (mechanical reading aid, not legal advice)

- The index files this text under article 198 of the Constitution of Brazil.
- The index files it under the chapter heading “Chapter II: – Social”.
- The passage runs to about 5,877 words.
- Read plainly, it mentions equality and non-discrimination — it requires equal treatment or forbids discrimination (the words used: “equal”); it mentions movement and residence — it concerns moving around, living where you choose, or leaving the country (the words used: “reside”); it mentions education — it concerns education, schooling or training (the words used: “school”); it mentions pay and pensions — it sets pay, salary, allowance or pension terms (the words used: “salary”).
- **Caveat:** The row’s stored title is a body fragment, not a heading (“of the fe”), so it is not used as the provision’s title here.
- **Caveat:** The index gives this passage an article number but stores a body fragment where a heading would be, so the number could not be cross-checked against the text. Check it against the official Constitution before relying on it in a citation.
- **Caveat:** This index row is a very long passage rather than a single provision. Treat any single section number as unverified.

> This is a mechanical reading aid generated from the text above by matching words in it. It is not legal advice, not a lawyer’s interpretation, and not a substitute for the provision itself.

## How to cite this

Constitution of Brazil, article 198, Portable Lawyer, https://www.portablelaw.com/provision/05752be8-873d-41b9-8a76-61924ae00285 (accessed 27 September 2026).

## Related

- [Constitution of Brazil](https://www.portablelaw.com/countries/561c3433-2160-4ca0-8e5a-8f5e9dbd522c)
- [Brazil on Portable Lawyer](https://www.portablelaw.com/countries/561c3433-2160-4ca0-8e5a-8f5e9dbd522c)
- [HTML version of this provision](https://www.portablelaw.com/provision/05752be8-873d-41b9-8a76-61924ae00285)
- [Machine-readable corpus digest](https://www.portablelaw.com/llms-full.txt)

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Portable Lawyer · Article 198 of the Constitution of Brazil (chapter: “Chapter II: – Social”). 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…