Article 37 of the Constitution of Brazil

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: a rticle 1. s ubitem c of item XVI of article 37 of the Federal Constitution shall henceforth read as follows: “Article 37. .............................................................................. .................................................................................................. X vi – ...................................................................................... c ) of two positions or jobs which are exclusive for health professionals, with regulated professions;................................................................................................ ” a rticle 2. t his c onstitutional a mendment shall come into force on the date of its publication. b rasília, d ecember 13, 2001. THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Aécio Neves, pr esident – Barbosa Neto , se cond vi ce-pr esident – Nilton Capixaba , se cond se cretary – Paulo Rocha , t hird s ecretary. THE DIRECTING BOARD OF THE FEDERAL SENATE: Ramez Tebet , pr esident – Edison Lobão , fi rst vi ce-pr esident – Antonio Carlos Valadares , se cond vi ce-pr esident – Carlos Wilson , fi rst se cretary – Antero Paes de Barros, se cond se cretary – Ronaldo Cunha Lima, t hird s ecretary – Mozarildo Cavalcanti , f ourth s ecretary. p ublished in the Official Journal , d ecember 14, 2001. miolo_constitution_versao_camara.indd 296 17/6/2010 15:01:14 Constitutional Amendments 297 Constitutional amen D ment n o. 35, 2001 Gives new wording to article 53 of the Federal Constitution. 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: a rticle 1. a rticle 53 of the f ederal c onstitution shall henceforth be in force with the following alterations: “Article 53. Deputies and Senators enjoy civil and criminal inviolability on account of any of their opinions, words and votes. pa ragraph 1. de puties and se nators, from the date of issuance of the certificate of election victory, shall be tried by the Supreme f ederal c ourt. Paragraph 2. F rom the date of issuance of the certificate of election victory, the members of the n ational co ngress may not be arrested, except in flagrante delicto of a non-bailable offense. i n such case, the case records shall be sent within twenty-four hours to the respective House, which, by the vote of the majority of its members, shall decide on the arrest. p aragraph 3. u pon receiving an accusation against a s enator or d eputy, for an offense committed after the issuance of the certificate of election victory, the Supreme Federal Court shall inform the respective ho use, which, by the initiative of a political party therein represented and by the vote of the majority of those House members, may, until such time as a final decision is issued, stay consideration of the action. pa ragraph 4. th e request for stay shall be examined by the respective House within the unextendable period of forty-five days as from its receipt by the d irecting b oard. pa ragraph 5. th e stay of proceedings shall suspend the limitation for the duration of the term of office. p aragraph 6. d eputies and s enators shall not be compelled to render testimony on information received or given by virtue of the exercise of their mandate, nor on persons who rendered them information or received information from them. Paragraph 7. Incorporation into the Armed Forces of Deputies and Senators, even if they hold military rank and even in time of war shall depend upon the prior granting of permission by the respective h ouse. miolo_constitution_versao_camara.indd 297 17/6/2010 15:01:14 Constitution of the Federative Republic of Brazil 298 paragraph 8. the immunities of d eputies and s enators shall be maintained during a state of siege and may only be suspended by the vote of two-thirds of the members of the respective h ouse, in the case of acts committed outside the premises of c ongress, which are not compatible with the implementation of such measure.” a rticle 2. t his c onstitutional a mendment shall come into force on the date of its publication. b rasília, d ecember 20, 2001. THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Aécio Neves, pr esident – Efraim Morais , fi rst vi ce-pr esident – Barbosa Neto , se cond vi ce- pr esident – Severino Cavalcanti , fi rst se cretary – Nilton Capixaba , se cond se cretary – Paulo Rocha , t hird s ecretary – Ciro Nogueira, f ourth s ecretary. THE DIRECTING BOARD OF THE FEDERAL SENATE: Ramez Tebet , pr esident – Edison Lobão , fi rst vi ce-pr esident – Antonio Carlos Valadares , se cond vi ce-pr esident – Carlos Wilson , fi rst se cretary – Antero Paes de Barros, se cond se cretary – Ronaldo Cunha Lima, t hird s ecretary – Mozarildo Cavalcanti , f ourth s ecretary. p ublished in the Official Journal , d ecember 21, 2001. miolo_constitution_versao_camara.indd 298 17/6/2010 15:01:14 Constitutional Amendments 299 Constitutional amen D ment n o. 36, 2002 Gives new wording to article 222 of the Federal Constitution, to allow the participation of legal entities in the capital stock of newspaper companies, sound broadcasting companies, and sound and image broadcasting companies, under the conditions herein stipulated. 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. A rticle 222 of the Federal Constitution shall henceforth read as follows: “ar ticle 222. ne wspaper companies, sound broadcasting companies, or sound and image broadcasting companies, shall be owned exclusively by native Brazilians or those naturalized for more than ten years, or by legal entities incorporated under Brazilian laws and headquartered in Brazil. p aragraph 1. i n all circumstances, at least seventy per cent of the total capital stock and of the voting capital of newspaper companies, sound broadcasting companies, or sound and image broadcasting companies, shall be owned directly or indirectly by native Brazilians or those naturalized for more than ten years, who shall mandatorily exercise the management of activities and shall define the content of programming. pa ragraph 2. ed itorial responsibility and the activities regarding selection and management of the programming to be disseminated shall be carried out exclusively by native Brazilians or those naturalized for more than ten years, in any social communication medium. pa ragraph 3. el ectronic social communication media, regardless of the technology used to deliver the service, shall comply with the principles stipulated in article 221, as provided by specific legislation, which shall also ensure priority to Brazilian professionals in the production of Brazilian programs. Paragraph 4. S pecific legislation shall regulate the participation of foreign capital in the companies mentioned in paragraph 1. pa ragraph 5. an y alterations in the corporate control of the companies mentioned in paragraph 1 must be communicated to the n ational c ongress.” a rticle 2. t his c onstitutional a mendment shall come into force on the date of its publication. miolo_constitution_versao_camara.indd 299 17/6/2010 15:01:14 Constitution of the Federative Republic of Brazil 300 brasília, May 28, 2002. THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Aécio Neves, pr esident – Barbosa Neto , se cond vi ce-pr esident – Severino Cavalcanti , fi rst s ecretary – Nilton Capixaba , s econd s ecretary – Paulo Rocha , t hird s ecretary. THE DIRECTING BOARD OF THE FEDERAL SENATE: Ramez Tebet, p resident – Edison Lobão , fi rst vi ce-pr esident – Antonio Carlos Valadares , se cond vi ce- pr esident – Carlos Wilson , fi rst se cretary – Antero Paes de Barros, se cond se cretary – Mozarildo Cavalcanti , f ourth s ecretary. p ublished in the Official Journal , May 29, 2002. miolo_constitution_versao_camara.indd 300 17/6/2010 15:01:14 Constitutional Amendments 301 Constitutional amen D ment n o. 37, 2002 Alters articles 100 and 156 of the Federal Constitution and adds articles 84, 85, 86, 87, and 88 to 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, promulgate the following Amendment to the constitutional text: a rticle 1. a rticle 100 of the f ederal c onstitution shall henceforth be in force with the addition of the following paragraph 4, and the subsequent paragraphs shall be renumbered: “ a rticle 100. ............................................................................ .................................................................................................. pa ragraph 4. th e issuance of a court order as a supplementation to or in addition to an amount to be paid, as well as the parceling, apportionment, or reduction of the amount under execution are forbidden, so that payment will not be made, in part, as stipulated in paragraph 3 of this article, and, in part, by means of the issuance of a court order. ................................................................................................ ” a rticle 2. p aragraph 3 of article 156 of the f ederal c onstitution shall henceforth read as follows: “ a rticle 156. ............................................................................ .................................................................................................. p aragraph 3. a s regards the tax established in item iii of the head paragraph of this article, a supplementary law shall:I – establish its maximum and minimum rates;.................................................................................................. iii – regulate the manner and conditions for the granting and revocation of fiscal exemptions, incentives, and benefits. ................................................................................................ ” ar ticle 3. th e te mporary co nstitutional pr ovisions ac t shall henceforth be in force with the addition of the following articles 84, 85, 86, 87, and 88: “ a rticle 84. t he provisional contribution on the movement or transmission of monies and of credits and rights of a financial nature, set forth in articles 74, 75, and 80, I, of this Temporary miolo_constitution_versao_camara.indd 301 17/6/2010 15:01:14 Constitution of the Federative Republic of Brazil 302 co nstitutional pr ovisions ac t, shall be collected through d ecember 31, 2004. p aragraph 1. t he effect of l aw no. 9,311, of o ctober 24, 1996, as well as of its alterations, is hereby extended through the date mentioned in the head paragraph of this article. pa ragraph 2. of the proceeds from collection of the social contribution mentioned in this article, the portion corresponding to the following rates shall be allocated to the purposes herein stated: i – twenty hundredths percent to the n ational h ealth f und, for the financing of health actions and services; II – ten hundredths percent to the financing of social security; i ii – eight hundredths percent to the fu nd to fi ght and er adicate po verty, set forth in articles 80 and 81 of this te mporary c onstitutional p rovisions a ct. pa ragraph 3. th e rate of the contribution mentioned in this article shall be equal to:I – thirty-eight hundredths percent in the financial years of 2002 and 2003; II – eight hundredths percent in the financial year of 2004, and it shall be wholly allocated to the f und to f ight and e radicate po verty, set forth in articles 80 and 81 of this te mporary c onstitutional p rovisions a ct. ar ticle 85. th e contribution mentioned in article 84 of this temporary c onstitutional p rovisions a ct shall not be levied, as from the thirtieth day after the publication of this c onstitutional Amendment, on entries concerning: i – current deposit accounts especially opened and exclusively used for transactions carried out by: a) clearinghouses and providers of clearing and settlement services referred to in article 2, sole paragraph, of la w no. 10,214, of March 27, 2001; b) securitization companies referred to in Law no. 9,514, of November 20, 1997; c) business corporations whose exclusive purpose is to purchase credits originating from transactions carried out in the financial market; II – current deposit accounts, when such entries are related to:a) stock purchase and sale transactions, effected within stock exchange trading floors or electronic systems, and in the organized over-the-counter market; miolo_constitution_versao_camara.indd 302 17/6/2010 15:01:14 Constitutional Amendments 303 b) contracts written on stocks or stock indices, in their various modes, negotiated in stock exchanges, commodities and futures exchanges; III – foreign investors’ accounts, regarding entries into and remittances from Brazil of funds employed exclusively in transactions and contracts referred to in item ii of this article. pa ragraph 1. th e ex ecutive br anch shall regulate the provisions of this article within thirty days as of the date of publication of this c onstitutional a mendment. p aragraph 2. t he provisions of item i of this article apply only to the transactions specified in an act issued by the Executive br anch, from among the transactions that constitute the purpose of said entities. pa ragraph 3. th e provisions of item i i of this article apply only to transactions and contracts effected through financial institutions, securities brokerage houses, securities distribution companies, and commodities brokerage houses. ar ticle 86. de bts that must be paid by the fe deral, st ate, Federal District, or Municipal Tax Authorities by virtue of final and unappealable judicial decisions shall be paid in accordance with the provisions of article 100 of the fe deral co nstitution, the parceling rule established in the head paragraph of article 78 of this te mporary co nstitutional pr ovisions ac t not being applicable, if such debts meet the following cumulative conditions: I – having been the subject of a court order;II – having been defined as small amount debts by the law referred to in paragraph 3 of article 100 of the fe deral co nstitution, or by