Article 195 of the Constitution of Brazil

ederal c onstitution come into force, the contributions established by law to fund social welfare and the various social security schemes shall be collected. a rticle 13. u ntil such time as the law regulates the access to family allowance and to confinement allowance for employees, participants, and their dependents, such benefits shall be granted only to those who earn a monthly gross income equal to or lower than r $ 360.00 (three hundred and sixty reais), which, until the publication of the law, shall be adjusted according to the same indices applicable to the benefits of the general social security scheme. a rticle 14. The maximum limit for the amount of benefits of the general social security scheme referred to in article 201 of the Federal Constitution is defined as R$ 1,200.00 (one thousand and two hundred reais), and it shall be adjusted, as from the date of publication of this am endment, to the end that its real value is permanently maintained, updated according to the same indices applicable to the benefits of the general social security scheme. a rticle 15. u ntil such time as the supplementary law referred to in article 201, paragraph 1, of the Federal Constitution, is published, the provisions of articles 57 and 58 of la w no. 8,213, of July 24, 1991, remain effective, with the wording in force at the date of publication of this a mendment. a rticle 16. t his c onstitutional a mendment shall come into force on the date of its publication. art icle 17. item i i of paragraph 2 of article 153 of the fed eral co nstitution is hereby revoked. b rasília, d ecember 15, 1998. miolo_constitution_versao_camara.indd 262 17/6/2010 15:01:12 Constitutional Amendments 263 THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Michel Temer, p resident – Heráclito Fortes, f irst vice- p resident – Severino Cavalcanti , s econd vice- p resident – Ubiratan Aguiar, f irst s ecretary – Nelson Trad, s econd s ecretary – Paulo Paim, t hird s ecretary – Efraim Morais, f ourth s ecretary. THE DIRECTING BOARD OF THE FEDERAL SENATE: Antônio Carlos Magalhães , pr esident – Geraldo Melo , fi rst vi ce-pr esident – Júnia Marise , se cond vi ce-pr esident – Ronaldo Cunha Lima, fi rst se cretary – Carlos Patrocínio , se cond se cretary – Flaviano Melo , th ird se cretary – Lucídio Portella , fo urth se cretary. p ublished in the Official Journal , d ecember 16, 1998. miolo_constitution_versao_camara.indd 263 17/6/2010 15:01:12 Constitution of the Federative Republic of Brazil 264 Constitutional amen D ment n o. 21, 1999 Extends the provisional contribution on the movement or transmission of monies and of credits and rights of a financial nature, referred to in article 74 of the Temporary Constitutional Provisions Act, and alters its rate. 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. Article 75 is included in the Temporary Constitutional Provisions Act, with the following wording: “Article 75. The collection of the provisional contribution on the movement or transmission of monies and of credits and rights of a financial nature mentioned in article 74, established by Law no. 9,311, of oc tober 24, 1996, is extended for thirty-six months, and the same extension applies to the effect of l aw no. 9,539, of December 12, 1997, which modified Law no. 9,311. Paragraph 1. W ith due regard for paragraph 6 of article 195 of the f ederal c onstitution, the rate of the contribution shall be thirty-eight hundredths of one percent, in the first twelve months, and thirty hundredths in the subsequent months, and the e xecutive p ower may reduce it, in whole or in part, in the limits hereby stipulated. pa ragraph 2. th e proceeds from increased collection of the contribution, resulting from the alteration of the rate, during the financial years of 1999, 2000, and 2001, shall be allocated to the financing of social security. Paragraph 3. The Union is authorized to issue domestic public debt bonds, whose resources shall be allocated to the financing of health services and social security, in an amount equivalent to the proceeds of the collection of the contribution, estimated but not achieved in 1999.” a rticle 2. t his a mendment shall come into force on the date of its publication. b rasília, March 18, 1999. THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Michel Temer, p resident – Heráclito Fortes, f irst vice- p resident – Severino Cavalcanti , s econd vice- p resident – Ubiratan Aguiar, f irst s ecretary – Nelson Trad, s econd s ecretary – Efraim Morais, f ourth s ecretary. miolo_constitution_versao_camara.indd 264 17/6/2010 15:01:12 Constitutional Amendments 265 THE DIRECTING BOARD OF THE FEDERAL SENATE: Antônio Carlos Magalhães, p resident – Geraldo Melo, f irst vice- p resident – Ronaldo Cunha Lima, fi rst se cretary – Carlos Patrocínio , se cond se cretary – Nabor Júnior , th ird se cretary – Casildo Maldaner, f ourth s ecretary. p ublished in the Official Journal , March 19, 1999. miolo_constitution_versao_camara.indd 265 17/6/2010 15:01:12 Constitution of the Federative Republic of Brazil 266 Constitutional amen D ment n o. 22, 1999 Adds a single paragraph to article 98 and alters subitem “i” of item I of article 102, and subitem “c” of item I of article 105 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: ar ticle 1. t he following single paragraph is added to article 98 of the fe deral Constitution: “ a rticle 98. .............................................................................. .................................................................................................. S ole paragraph. fe deral legislation shall provide for the establishment of special courts within f ederal Justice.” a rticle 2. s ubitem i of item i of article 102 of the f ederal c onstitution shall be in force with the following wording: “ a rticle 102. ............................................................................ .................................................................................................. i – ............................................................................................ i ) habeas corpus , when the constraining party is a su perior c ourt, or when the constraining party or the petitioner is an authority or employee whose acts are directly subject to the jurisdiction of the Supreme Federal Court, or in the case of a crime, subject to the same jurisdiction in one sole instance; ................................................................................................ ” a rticle 3. s ubitem c of item i of article 105 of the f ederal c onstitution shall be in force with the following wording: “ a rticle 105. ............................................................................ .................................................................................................. i – ............................................................................................ c ) habeas corpus , when the constraining party or the petitioner is any of the persons mentioned in subitem a, when the constraining party is a court, subject to its jurisdiction, or a Minister of State, except for the competence of the Electoral Courts; ................................................................................................ ” a rticle 4. t his a mendment shall come into force on the date of its publication. miolo_constitution_versao_camara.indd 266 17/6/2010 15:01:12 Constitutional Amendments 267 brasília, March 18, 1999. THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Michel Temer, p resident – Heráclito Fortes, f irst vice- p resident – Severino Cavalcanti , s econd vice- p resident – Ubiratan Aguiar, f irst s ecretary – Nelson Trad, s econd s ecretary – Efraim Morais, f ourth s ecretary. THE DIRECTING BOARD OF THE FEDERAL SENATE: Antônio Carlos Magalhães, p resident – Geraldo Melo, f irst vice- p resident – Ronaldo Cunha Lima, fi rst se cretary – Carlos Patrocínio , se cond se cretary – Nabor Júnior , th ird se cretary – Casildo Maldaner, f ourth s ecretary. p ublished in the Official Journal , March 19, 1999. miolo_constitution_versao_camara.indd 267 17/6/2010 15:01:12 Constitution of the Federative Republic of Brazil 268 Constitutional amen D ment n o. 23, 1999 Alters articles 12, 52, 84, 91, 102, and 105 of the Federal Constitution (establishment of the Ministry of Defense). 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 rticles 12, 52, 84, 91, 102, and 105 of the f ederal c onstitution shall henceforth be in force with the following alterations: “ a rticle 12. .............................................................................. .................................................................................................. p aragraph 3. ........................................................................... vii – that of Minister of d efense.” “ a rticle 52. ............................................................................... .................................................................................................. i – to effect the legal proceeding and trial of the p resident and vice- p resident of the r epublic for crime of malversation, and the Ministers of s tate and the c ommanders of the n avy, the a rmy, and the a ir f orce for crimes of the same nature relating to those; ................................................................................................ ”“ a rticle 84. .............................................................................. ..................................................................................................X iii – exercise the supreme command of the a rmed f orces, to appoint the c ommanders of the n avy, the a rmy, and the a ir Force, to promote general officers and to appoint them to the offices held exclusively by them; ................................................................................................ ”“ a rticle 91. .............................................................................. ..................................................................................................V – the Minister of Defense; .................................................................................................. viii – the c ommanders of the n avy, the a rmy, and the a ir f orce. ................................................................................................ ” miolo_constitution_versao_camara.indd 268 17/6/2010 15:01:12 Constitutional Amendments 269 “article 102. ............................................................................ .................................................................................................. i – ............................................................................................ c) in common criminal offenses and crimes of malversation, the Ministers of s tate and the c ommanders of the n avy, the a rmy, and the a ir f orce, except as provided in article 52, i , the members of the su perior co urts, those of the fe deral au dit co urt and the heads of permanent diplomatic missions; ................................................................................................ ”“ a rticle 105. ............................................................................ .................................................................................................. i – ............................................................................................ b ) writs of mandamus and habeas data against an act of a Minister of s tate, of the c ommanders of the n avy, the a rmy, and the Air Force, or of the Court itself;c) habeas corpus, when the constraining party or the petitioner is any of the persons mentioned in subitem a, or when the constraining party is a court subject to its jurisdiction, a Minister of s tate or c ommander of the n avy, the a rmy, or the a ir f orce, except for the competence of the Electoral Courts; ................................................................................................ ” a rticle 2. t his a mendment shall come into force on the date of its publication. b rasília, s eptember 2, 1999. THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Michel Temer, p resident – Heráclito Fortes, f irst vice- p resident – Severino Cavalcanti , s econd vice- p resident – Ubiratan Aguiar, f irst s ecretary – Nelson Trad, s econd s ecretary – Jaques Wagner, t hird s ecretary – Efraim Morais, f ourth s ecretary. THE DIRECTING BOARD OF THE FEDERAL SENATE: Antônio Carlos Magalhães , pr esident – Geraldo Melo , fi rst vi ce-pr esident – Ademir Andrade , se cond vi ce-pr esident – Carlos Patrocínio , se cond se cretary, ac ting fi rst se cretary – Nabor Júnior, t hird s ecretary – Casildo Maldaner, f ourth s ecretary. p ublished in the Official Journal , s eptember 3, 1999. miolo_constitution_versao_camara.indd 269 17/6/2010 15:01:12 Constitution of the Federative Republic of Brazil 270 Constitutional amen D ment n o. 24, 1999 Alters provisions of the Federal Constitution regarding temporary judges who represent professional categories in Labour Courts. 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 rticles 111, 112, 113, 115, and 116 of the f ederal c onstitution shall henceforth be in force with the following wording: “ a rticle 111.25 .......................................................................... .................................................................................................. iii – l abour Judges. p aragraph 1. t he s uperior l abour c ourt shall be composed of seventeen tenured law justices, chosen from among Brazilians over thirty-five and under sixty-five years of age, appointed by the p resident of the r epublic after approval by the f ederal Senate, of which eleven shall be chosen from among judges of the r egional l abour c ourts who are members of the l abour Justice career, three from among lawyers, and three from among members of the l abour p ublic p rosecution. I – (Revoked); II – (Revoked). pa ragraph 2. th e co urt shall forward lists of three names to the p resident of the r epublic, observing, as regards the vacancies intended for lawyers and for members of the pu blic pr osecution, the provisions of article 94; the lists of three names for the filling of the offices intended for career labour judges shall be prepared by the tenured law Justices. ................................................................................................ ”“ a rticle 112. t here shall be at least one r egional l abour c ourt in each state and in the fe deral di strict, and the law shall institute Labour Courts of first instance, allowing, in districts where such courts are not instituted, for the attribution of their jurisdiction to judges.” “ ar ticle 113. th e law shall regulate the constitution, installation, jurisdiction, powers, guarantees, and conditions of exercise of the bodies of l abour Justice.” 25 Paragraphs 1 and 2 were revoked by CA no. 45/2004. miolo_constitution_versao_camara.indd 270 17/6/2010 15:01:12 Constitutional Amendments 271 “article 115. t he r egional l abour c ourts shall be composed of judges appointed by the President of the Republic, observing the proportions established in article 111, paragraph 2. Sole paragraph. ...................................................................... III – (Revoked).”“Article 116. In the Labour Courts of first instance, jurisdiction shall be exercised by a single judge.Sole paragraph. (Revoked).” a rticle 2. The current temporary justices of the Superior Labour Court and the current temporary judges of the Regional Labour Courts and Boards of Conciliation and Judgement are ensured of the right to complete their terms of office. a rticle 3. t his a mendment shall come into force on the date of its publication. a rticle 4. Article 1 17 of the Federal Constitution is hereby revoked. b rasília, d ecember 9, 1999. THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Michel Temer, p resident – Heráclito Fortes, f irst vice- p resident – Severino Cavalcanti , s econd vice- p resident – Ubiratan Aguiar, f irst s ecretary – Nelson Trad, s econd s ecretary – Jaques Wagner, t hird s ecretary – Efraim Morais, f ourth s ecretary. THE DIRECTING BOARD OF THE FEDERAL SENATE: Antônio Carlos Magalhães , pr esident – Geraldo Melo , fi rst vi ce-pr esident – Ademir Andrade , se cond vice- p resident – Ronaldo Cunha Lima, f irst s ecretary – Carlos Patrocínio , s econd s ecretary – Nabor Júnior, t hird s ecretary – Casildo Maldaner, f ourth s ecretary. p ublished in the Official Journal , d ecember 10, 1999. miolo_constitution_versao_camara.indd 271 17/6/2010 15:01:12 Constitution of the Federative Republic of Brazil 272 Constitutional amen D ment n o. 25, 2000 Alters item VI of article 29 and adds article 29-A to the Federal Constitution, regarding limits on expenditures on the Municipal Legislative Power. 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. i tem vi of article 29 of the f ederal c onstitution shall henceforth be in force with the following wording: “ a rticle 29. .............................................................................. .................................................................................................. vi – the compensation of l ocal c ouncilmen shall be stipulated by their respective town c ouncils in each legislative term for the subsequent one, with due regard for the provisions of this co nstitution, in accordance with the criteria set forth in the respective Organic Law and the following maximum limits:” “a) in Municipalities having up to ten thousand inhabitants, the compensation of lo cal co uncilmen shall correspond, at the most, to twenty percent of the compensation of State Deputies;”“b) in Municipalities having between ten thousand and fifty thousand inhabitants, the compensation of l ocal c ouncilmen shall correspond, at the most, to thirty percent of the compensation of State Deputies;” “c) in Municipalities having between fifty thousand and one inhabitants and one hundred thousand inhabitants, the compensation of lo cal co uncilmen shall correspond, at the most, to forty percent of the compensation of State Deputies;” “d) in Municipalities having between one hundred thousand and one inhabitants and three hundred thousand inhabitants, the compensation of l ocal c ouncilmen shall correspond, at the most, to fifty percent of the compensation of State Deputies;” “e) in Municipalities having between three hundred thousand and one inhabitants and five hundred thousand inhabitants, the compensation of lo cal co uncilmen shall correspond, at the most, to sixty percent of the compensation of State Deputies;” “f) in Municipalities having over five hundred thousand inhabitants, the compensation of lo cal co uncilmen shall correspond, at the most, to seventy-five percent of the compensation of State Deputies; miolo_constitution_versao_camara.indd 272 17/6/2010 15:01:12 Constitutional Amendments 273 ................................................................................................ ” a rticle 2. t he f ederal c onstitution shall henceforth include the following article 29-A: “ar ticle 29- a. th e total expenditures of the Municipal le gislative br anch, including the compensation of lo cal co uncilmen and excluding outlays on retired personnel, may not exceed the following percentages, related to the total amount, effectively realized in the prior year, of tax revenues and the transfers set forth in paragraph 5 of article 153, and in articles 158 and 159:” “ i – eight percent to Municipalities having up to one hundred thousand inhabitants;”“ i i – seven percent to Municipalities having between one hundred thousand and one inhabitants and three hundred thousand inhabitants;” “i ii – six percent to Municipalities having between three hundred thousand and one inhabitants and five hundred thousand inhabitants;” “IV – five percent to Municipalities having over five hundred thousand inhabitants.” “ p aragraph 1. t he town c ouncil shall not spend more than seventy percent of its allocation on the payroll, including expenses on the compensation of its member councilmen.” “ p aragraph 2. t he following acts of the Municipal Mayor are crimes of malversation:”“ i – to effect a remittance in excess of the limits stipulated in this article;”“ ii – not to effect a remittance before the twentieth day of each month;”“ iii – to effect a remittance below the proportion stipulated in the b udgetary l aw.” “pa ragraph 3. it shall be a crime of malversation for the p resident of the town c ouncil to disobey paragraph 1 of this article.” a rticle 3. t his a mendment shall come into force on January 1, 2001. b rasília, f ebruary 14, 2000. THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Michel Temer, p resident – Heráclito Fortes, f irst vice- p resident – Severino Cavalcanti , s econd vice- p resident – Ubiratan Aguiar, f irst s ecretary – Nelson Trad, s econd s ecretary – Jaques Wagner, t hird s ecretary – Efraim Morais, f ourth s ecretary. miolo_constitution_versao_camara.indd 273 17/6/2010 15:01:12 Constitution of the Federative Republic of Brazil 274 THE DIRECTING BOARD OF THE FEDERAL SENATE: Antônio Carlos Magalhães , pr esident – Geraldo Melo , fi rst vi ce-pr esident – Ademir Andrade , se cond vice- p resident – Ronaldo Cunha Lima, f irst s ecretary – Carlos Patrocínio , s econd s ecretary – Nabor Júnior, t hird s ecretary – Casildo Maldaner, f ourth s ecretary. p ublished in the Official Journal , f ebruary 15, 2000. miolo_constitution_versao_camara.indd 274 17/6/2010 15:01:13 Constitutional Amendments 275 Constitutional amen D ment n o. 26, 2000 Alters the wording of article 6 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 6 of the f ederal c onstitution shall henceforth be in force with the following wording: “Article 6. E ducation, health, work, housing, leisure, security, social security, protection of motherhood and childhood, and assistance to the destitute, are social rights, as set forth by this c onstitution.” a rticle 2. t his a mendment shall come into force on the date of its publication. b rasília, f ebruary 14, 2000. THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Michel Temer, p resident – Heráclito Fortes, f irst vice- p resident – Severino Cavalcanti , s econd vice- p resident – Ubiratan Aguiar, f irst s ecretary – Nelson Trad, s econd s ecretary – Jaques Wagner, t hird s ecretary – Efraim Morais, f ourth s ecretary. THE DIRECTING BOARD OF THE FEDERAL SENATE: Antônio Carlos Magalhães , pr esident – Geraldo Melo , fi rst vi ce-pr esident – Ademir Andrade , se cond vice- p resident – Ronaldo Cunha Lima, f irst s ecretary – Carlos Patrocínio , s econd s ecretary – Nabor Júnior, t hird s ecretary – Casildo Maldaner, f ourth s ecretary. p ublished in the Official Journal , f ebruary 15, 2000. miolo_constitution_versao_camara.indd 275 17/6/2010 15:01:13 Constitution of the Federative Republic of Brazil 276 Constitutional amen D ment n o. 27, 2000 Adds article 76 to the Temporary Constitutional Provisions Act, providing that a certain amount of the proceeds from the collection of Federal taxes and social contributions shall be free from earmarking. 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. Article 76 is included in the Temporary Constitutional Provisions Act, with the following wording: “Article 76. Twenty percent of the proceeds from the collection of f ederal taxes and social contributions, already instituted or to be instituted in the period of 2000 to 2003, as well as their additional taxes and respective legal increases, shall not be earmarked to any agency, fund, or expense in the said period.” “ pa ragraph 1. th e provision of the head paragraph of this article shall not reduce the assesment basis of the transfers to the st ates, the f ederal d istrict, and the Municipalities under the terms of articles 153, paragraph 5; 157, I; 158, I and II; and 159, I, a and b, and ii , of the c onstitution, neither the assesment basis of the applications in programs to finance the productive sector of the North, Northeast, and Centre-West Regions mentioned in article 159, i , c, of the c onstitution.” “ p aragraph 2. t he proceeds from the collection of the social contribution for education mentioned in article 212, paragraph 5, of the c onstitution, shall be excepted from the provision of the head paragraph of this article.” a rticle 2. t his a mendment shall come into force on the date of its publication. b rasília, March 21, 2000. THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Michel Temer, p resident – Heráclito Fortes, f irst vice- p resident – Severino Cavalcanti , s econd vice- p resident – Ubiratan Aguiar, f irst s ecretary – Nelson Trad, s econd s ecretary – Jaques Wagner, t hird s ecretary – Efraim Morais, f ourth s ecretary. THE DIRECTING BOARD OF THE FEDERAL SENATE: Antônio Carlos Magalhães , pr esident – Geraldo Melo , fi rst vi ce-pr esident – Ademir Andrade , se cond vice- p resident – Ronaldo Cunha Lima, f irst s ecretary – Carlos Patrocínio , s econd s ecretary – Nabor Júnior, t hird s ecretary – Casildo Maldaner, f ourth s ecretary. p ublished in the Official Journal , March 22, 2000. miolo_constitution_versao_camara.indd 276 17/6/2010 15:01:13 Constitutional Amendments 277 Constitutional amen D ment n o. 28, 2000 Gives new wording to item XXIX of article 7 and revokes article 233 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. Item XXIX of article 7 of the Federal Constitution shall henceforth read as follows: “XX iX – legal action, with respect to credits arising from employment relationships, with a limitation of five years for urban and rural workers, up to the limit of two years after the end of the employment contract;” “a) (Revoked);”“b) (Revoked);” a rticle 2. Article 233 of the Federal Constitution is hereby revoked. a rticle 3. t his a mendment shall come into force on the date of its publication. b rasília, May 25, 2000. THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Michel Temer, p resident – Heráclito Fortes, f irst vice- p resident – Severino Cavalcanti , s econd vice- p resident – Ubiratan Aguiar, f irst s ecretary – Nelson Trad, s econd s ecretary – Jaques Wagner, t hird s ecretary – Efraim Morais, f ourth s ecretary. THE DIRECTING BOARD OF THE FEDERAL SENATE: Antônio Carlos Magalhães , pr esident – Geraldo Melo , fi rst vi ce-pr esident – Ademir Andrade , se cond vice- p resident – Ronaldo Cunha Lima, f irst s ecretary – Carlos Patrocínio , s econd s ecretary – Casildo Maldaner, f ourth s ecretary. p ublished in the Official Journal , May 26, 2000, rectified on May 29, 2000. miolo_constitution_versao_camara.indd 277 17/6/2010 15:01:13 Constitution of the Federative Republic of Brazil 278 Constitutional amen D ment n o. 29, 2000 Alters articles 34, 35, 156, 160, 167, and 198 of the Federal Constitution, and adds an article to the Temporary Constitutional Provisions Act, to guarantee a minimum amount of funds to finance health actions and public services. 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 e of item VII of article 34 shall henceforth read as follows: “ a rticle 34. .............................................................................. .................................................................................................. vii – ........................................................................................ e ) the application of the minimum required amount of the revenues resulting from state taxes, including revenues originating from transfers, to the maintenance and development of education and to health actions and public services.” a rticle 2. Item III of article 35 shall henceforth read as follows: “ a rticle 35. .............................................................................. .................................................................................................. iii – the minimum required amount of the municipal revenues has not been applied to the maintenance and development of education and to health actions and public services;” a rticle 3. p aragraph 1 of article 156 of the f ederal c onstitution shall henceforth read as follows: “ a rticle 156. ............................................................................ .................................................................................................. Paragraph 1. W ithout prejudice to the progressiveness in time mentioned in article 182, paragraph 4, item ii , the tax referred to in item I may:”“I – be progressive according to the value of the property; and”“II – have different rates according to the location and utilization of the property. ................................................................................................ ” a rticle 4. The sole paragraph of article 160 shall henceforth read as follows: miolo_constitution_versao_camara.indd 278 17/6/2010 15:01:13 Constitutional Amendments 279 “article 160. ............................................................................ .................................................................................................. S ole paragraph. th e prohibition mentioned in the present article does not prevent the u nion and the states from remitting the funds on condition of:”“ i – payment of their credits, including those of the associate government agencies;”“ ii – compliance with the provisions of article 198, paragraph 2, items ii and iii .” a rticle 5. Item IV of article 167 shall henceforth read as follows: “Article 167. ............................................................................ .................................................................................................. i v – to bind tax revenues to an agency, fund or expense, excepting the sharing of the proceeds from the collection of the taxes referred to in articles 158 and 159, the allocation of funds for health actions and public services and for the maintenance and development of education, as determined, respectively, in article 198, paragraph 2, and article 212, and the granting of guarantees on credit transactions by advance of revenues, as established in article 165, paragraph 8, as well as in paragraph 4 of the present article; ................................................................................................ ” a rticle 6. a rticle 198 shall henceforth include the following paragraphs 2 and 3, and the current sole paragraph shall be renumbered as paragraph 1: “ a rticle 198. ............................................................................ .................................................................................................. p aragraph 1 (original sole paragraph) ..................................... p aragraph 2. t he u nion, the s tates, the f ederal d istrict, and the Municipalities shall apply each year, to health actions and public services, a minimum amount of funds derived from the application of percentages calculated upon the following:” “I – in the case of the Union, in the manner defined under the terms of the supplementary law provided for in paragraph 3;” “ ii – in the case of the s tates and of the f ederal d istrict, the proceeds from the collection of the taxes mentioned in article 155 and of the funds mentioned in articles 157 and 159, item I, subitem a, and item ii , after deducting the portions remitted to the respective Municipalities;” “i ii – in the case of the Municipalities and of the fe deral di strict, the proceeds from the collection of the taxes mentioned in article miolo_constitution_versao_camara.indd 279 17/6/2010 15:01:13 Constitution of the Federative Republic of Brazil 280 156 and of the funds mentioned in articles 158 and 159, item i , subitem b, and paragraph 3.” “ p aragraph 3. a supplementary law to be revised at least every five years shall establish:”“I – the percentages referred to in paragraph 2;”“II – the criteria for the sharing of funds of the Union earmarked for health and assigned to the s tates, the f ederal d istrict, and the Municipalities, and of funds of the s tates assigned to their respective Municipalities, with a view to a progressive reduction of regional disparities;” “ i ii – the rules for supervision, assessment, and control of expenditures on health at the level of the u nion, the s tates, the Federal District, and the Municipalities;”“ iv – the rules to calculate the amount to be applied by the u nion.” a rticle 7. t he temporary c onstitutional p rovisions a ct shall henceforth include the following article 77: “Article 77. Until the financial year of 2004, the minimum amount of funds applied to health actions and public services shall be equivalent to:” “I – in the case of the Union:”“a) in the year 2000, the amount of checks issued to health actions and public services during the financial year of 1999, plus at least five percent;” “b) from the year 2001 through the year 2004, the amount expended in the previous year, restated according to the nominal changes of the Gross Domestic Product – GDP;” “ ii – in the case of the s tates and of the f ederal d istrict, twelve percent of the proceeds from the collection of the taxes referred to in article 155 and of the funds mentioned in articles 157 and 159, item i , subitem a, and item ii , after deducting the portions transferred to the respective Municipalities;” “i ii – in the case of the Municipalities and of the fe deral di strict, fifteen percent of the proceeds from the collection of the taxes mentioned in article 156 and of the funds mentioned in articles 158 and 159, item i , subitem b, and paragraph 3.” “pa ragraph 1. th e st ates, the fe deral di strict, and the Municipalities which apply percentages lower than those stipulated in items ii and iii shall raise them gradually, until the financial year of 2004, the difference being reduced at the rate of at least one fifth per year, and the application shall consist of at least seven percent as of the year 2000.” miolo_constitution_versao_camara.indd 280 17/6/2010 15:01:13 Constitutional Amendments 281 “Paragraph 2. At least fifteen percent of the funds of the Union expended under the terms of this article shall be applied in the Municipalities, according to the populational criterion, to health actions and public services, in accordance with the law.” “ pa ragraph 3. th e funds of the st ates, the fe deral di strict, and the Municipalities assigned for health actions and public services, as well as those transferred by the u nion for the same purpose, shall be applied by means of the h ealth f und, to be monitored and supervised by the Health Board, without prejudice to the provisions of article 74 of the Federal Constitution.” “ pa ragraph 4. in the absence of the supplementary law referred to in article 198, paragraph 3, the provisions of this article shall apply to the un ion, the st ates, the fe deral di strict, and the Municipalities as of the financial year of 2005.” a rticle 8. t his a mendment shall come into force on the date of its publication. b rasília, s eptember 13, 2000. THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Michel Temer, p resident – Heráclito Fortes, f irst vice- p resident – Severino Cavalcanti , s econd vice- p resident – Ubiratan Aguiar, f irst s ecretary – Nelson Trad, s econd s ecretary – Jaques Wagner, t hird s ecretary – Efraim Morais, f ourth s ecretary. THE DIRECTING BOARD OF THE FEDERAL SENATE: Antônio Carlos Magalhães , pr esident – Geraldo Melo , fi rst vi ce-pr esident – Ademir Andrade , se cond vice- p resident – Ronaldo Cunha Lima, f irst s ecretary – Carlos Patrocínio , s econd s ecretary – Nabor Júnior, t hird s ecretary. p ublished in the Official Journal , s eptember 14, 2000. miolo_constitution_versao_camara.indd 281 17/6/2010 15:01:13 Constitution of the Federative Republic of Brazil 282 Constitutional amen D ment n o. 30, 2000 Alters the wording of article 100 of the Federal Constitution, and adds article 78 to the Temporary Constitutional Provisions Act, regarding the payment of court order debts. 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. ar ticle 100 of the fe deral co nstitution shall henceforth read as follows: “ a rticle 100. ............................................................................ .................................................................................................. p aragraph 1. i t is mandatory for the budgets of public entities to include the funds required for the payment of debts arising from final and unappealable judicial decisions, stated in court orders presented until or on July 1, and the payment shall be made before the close of the subsequent fiscal year, on which date their amounts shall be adjusted for inflation.” “ pa ragraph 1- a. al imony debts include those arising from salaries, remuneration, pay, pensions, and their supplementations, social security benefits and compensation for death and disability, such compensation being based on civil liability, by virtue of a final and unappealable judicial decision.” “ pa ragraph 2. th e budgetary allocations and the credits opened shall be assigned directly to the Judicial p ower, it being within the competence of the p resident of the c ourt which rendered the decision of execution to determine payment, according to the possibilities of the deposit, and to authorize, upon petition of a creditor and exclusively in the event that his right of precedence is not respected, seizure of the amount required to satisfy the debt.” “ p aragraph 3. t he provision contained in the head paragraph of this article, regarding the emission of court orders, does not apply to bonds defined by law as being of a small amount, which must be paid by the f ederal, s tate, or Municipal tax authorities by virtue of a final and unappealable judicial decision.” “ p aragraph 4. t he law may stipulate different amounts for the purpose set forth in paragraph 3 of this article, according to the different capacities of public entities.” miolo_constitution_versao_camara.indd 282 17/6/2010 15:01:13 Constitutional Amendments 283 “paragraph 5. the p resident of the appropriate c ourt who, by means of an act or omission, delays or attempts to frustrate the regular payment of a court order debt shall be liable to crime of malversation.” a rticle 2. Article 78 is added to the Temporary Constitutional Provisions Act, with the following wording: “Article 78. With the exception of credits defined by law as being of a small amount, credits for alimony, and credits stated in article 33 of this te mporary co nstitutional pr ovisions ac t and their supplementations, as well as those credits whose respective funds have already been released or paid into court, the court order debts for which payment is outstanding on the date of promulgation of this am endment and those deriving from actions commenced before or on de cember 31, 1999, shall be settled according to their real value, in legal tender, including legal interests, in equal and successive annual installments, within ten years at the most, the assignment of credits being permitted.” “ p aragraph 1. t he division of installments is permitted, at the discretion of the creditor.”“ p aragraph 2. i n the event the annual installments referred to in the head paragraph of this article have not been paid before the end of the relevant fiscal year, they shall be deducted from the taxes owed to the debtor entity.” “ pa ragraph 3. th e period of time referred to in the head paragraph of this article is reduced to two years, in the case of court order debts deriving from the expropriation of a creditor’s residential property, provided that such property is proven to be the creditor’s only residential property at the time of emission of a writ of ejectment.” “ p aragraph 4. i f the time limit has elapsed, or in the case of omission in the budget, or in the event the right of precedence is not respected, the p resident of the appropriate c ourt shall, upon petition of a creditor, requisition or order the seizure of funds of the debtor entity, at an amount sufficient to pay the installment.” a rticle 3. t his a mendment shall come into force on the date of its publication. b rasília, s eptember 13, 2000. THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Michel Temer, p resident – Heráclito Fortes, f irst vice- p resident – Severino Cavalcanti , s econd vice- p resident – Ubiratan Aguiar, f irst s ecretary – Nelson Trad, s econd s ecretary – Jaques Wagner, t hird s ecretary – Efraim Morais, f ourth s ecretary. miolo_constitution_versao_camara.indd 283 17/6/2010 15:01:13 Constitution of the Federative Republic of Brazil 284 THE DIRECTING BOARD OF THE FEDERAL SENATE: Antônio Carlos Magalhães , pr esident – Geraldo Melo , fi rst vi ce-pr esident – Ademir Andrade , se cond vice- p resident – Ronaldo Cunha Lima, f irst s ecretary – Carlos Patrocínio , s econd s ecretary – Nabor Júnior, t hird s ecretary. p ublished in the Official Journal , s eptember 14, 2000. miolo_constitution_versao_camara.indd 284 17/6/2010 15:01:13 Constitutional Amendments 285 Constitutional amen D ment n o. 31, 2000 Alters the Temporary Constitutional Provisions Act, introducing articles that establish the Fund to Fight and Eradicate Poverty. 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. th e following articles are added to the te mporary co nstitutional Provisions Act of the Federal Constitution: “Article 79. The Fund to Fight and Eradicate Poverty, hereby instituted within the sphere of the f ederal e xecutive b ranch, shall be in force through the year 2010 and shall be regulated by a supplementary law, aiming at enabling all Brazilians to have access to adequate subsistence levels, and its resources shall be applied to supplementary initiatives regarding nutrition, housing, education, health, a complementary family income, and other programs of relevant social interest oriented towards the improvement of the quality of life. Sole paragraph. t he f und set forth in this article shall have an ad visory and Monitoring bo ard that must include representatives of civil society, under the terms of the law. ar ticle 80. th e fu nd to fi ght and er adicate po verty is comprised of: i – the part of the proceeds from the collection corresponding to additional eight hundredths of one percent, applicable from June 18, 2000, through June 17, 2002, to the rate of the social contribution referred to in article 75 of the Temporary Constitutional Provisions Act; ii – the part of the proceeds from the collection corresponding to additional five percent on the rate of the federal V AT [IPI], or of the tax that may eventually replace it, levied on luxury goods and applicable while the Fund is in force; iii – the proceeds from the collection of the tax referred to in article 153, item VII, of the Constitution; IV – budgetary appropriations; v – donations, of any nature, by individuals or corporations established in Brazil or abroad; VI – other revenues, to be defined by the legislation that regulates the f und. miolo_constitution_versao_camara.indd 285 17/6/2010 15:01:13 Constitution of the Federative Republic of Brazil 286 Paragraph 1. T he provisions of articles 159 and 167, item IV , of the Constitution, are not applicable to the resources that make up the f und, neither is any disconnection of budgetary resources. p aragraph 2. t he proceeds from the collection of the resources referred to in item i of this article, during the period from June 18, 2000 through the date the supplementary law mentioned in article 79 becomes effective, shall be remitted in full to the f und, their real value being preserved, in federal government securities, progressively redeemable after June 18, 2002, under the terms of the law. a rticle 81. a f und is hereby instituted, to be comprised of the resources received by the f ederal Government as a result of divestiture of government-controlled corporations and public entreprises controlled either directly or indirectly by the fe deral Government, when such operation involves the divestment of the respective controlling interest to an individual or entity not belonging to the government bodies, or of any remaining equity interest following such divestment, and the income thereof, generated as from June 18, 2002, shall be transferred to the fu nd to f ight and e radicate p overty. pa ragraph 1. in case the yearly amount of income to be transferred to the f und to f ight and e radicate p overty, as set forth in this article, does not add up to the total of four billion reais, it shall be supplemented according to article 80, item iv, of the temporary c onstitutional p rovisions a ct. Paragraph 2. W ithout prejudice to the provision of paragraph 1, the ex ecutive br anch may allocate other revenues deriving from the sale of f ederal Government assets to the f und mentioned in this article. Paragraph 3. T he resources that make up the Fund referred to in the head paragraph of this article, the transfer of said resources to the f und to f ight and e radicate p overty, and the other provisions concerning paragraph 1 of this article shall be regulated by law, and the provision of article 165, paragraph 9, item ii of the c onstitution shall not be applicable. ar ticle 82. th e st ates, the fe deral di strict, and the Municipalities shall institute fu nds to fi ght po verty, comprised of the resources referred to in this article and other resources that may eventually be allocated for this purpose, and the said fu nds shall be managed by entities which include the participation of civil society. Paragraph 1. W ith a view to financing the State Funds and the fe deral di strict fu nd, an additional tax of up to two percent may be created, to raise the rate of the s tate v at [ ic M s ], or the rate of the tax that may eventually replace it, levied on luxury goods miolo_constitution_versao_camara.indd 286 17/6/2010 15:01:13 Constitutional Amendments 287 and services, and the provision of article 158, item iv, of the c onstitution shall not be applicable to such additional tax. Paragraph 2. W ith a view to financing the Municipal Funds, an additional tax of up to half of one percent may be created, to raise the rate of the local service tax [ iss ], or the rate of the tax that may eventually replace it, levied on luxury services.