Article 246 of the Constitution of Brazil

of the c onstitution the wording of which has been altered by means of an amendment enacted between January 1, 1995 and the date of enactment of this amendment4 is forbidden. (CA No. 6, 1995; CA No. 32, 2001) a rticle 247. t he laws provided for in item iii of paragraph 1 of article 41, and in paragraph 7 of article 169, shall establish special criteria and guarantees for the loss of office of a tenured public employee who, by virtue of the duties of his effective post, performs exclusive activities of s tate. ( ca n o. 19, 1998) Sole paragraph. In the event of insufficient performance, the loss of office shall only take place by means of an administrative proceeding in which the adversary system and ample defense are ensured. ar ticle 248. T he benefits paid, under any auspices, by the agency in charge of the general social security scheme, even if they are financed by the National Treasury, and those benefits not subject to the maximum amount stipulated for benefits granted by such scheme shall comply with the limits set forth in article 37, XI. (CA No. 20, 1998) a rticle 249. f or the purpose of securing monies for the payment of retirement pensions and other pensions granted to their respective employees and their dependents, in addition to the monies of their respective treasuries, the un ion, the st ates, the fe deral di strict, and the Municipalities may establish funds, made up of monies arising from contributions, and of property, rights, and assets of any kind, by means of a law that shall provide for the nature and the management of such funds. ( c a no . 20, 1998) ar ticle 250. F or the purpose of securing monies for the payment of benefits granted by the general social security scheme, in addition to the monies arising from taxation, the Union may establish a fund made up of property, rights, and assets of any kind, by means of a law that shall provide for the nature and the management of such a fund. ( ca n o. 20, 1998) b rasília, o ctober 5, 1988. Ulysses Guimarães , pr esident – Mauro Benevides , fi rst vi ce-pr esident – Jorge Arbage, s econd vice- p resident – Marcelo Cordeiro, f irst s ecretary – Mário Maia, s econd s ecretary – Arnaldo Faria de Sá, t hird s ecretary – Benedita da Silva, f irst su bstitute se cretary – Luiz Soyer , se cond su bstitute se cretary – Sotero Cunha , t hird s ubstitute s ecretary – Bernardo Cabral, r eporter-General – Adolfo Oliveira , Adjunct Reporter – Antonio Carlos Konder Reis, Adjunct Reporter – José Fogaça, Adjunct Reporter. Abigail Feitosa – Acival Gomes – Adauto Pereira – Ademir Andrade – Adhemar de Barros Filho – Adroaldo Streck – Adylson Motta – Aécio de Borba – Aécio Neves – Affonso Camargo – Afif Domingos – Afonso Arinos – Afonso Sancho – Agassiz Almeida – Agripino de Oliveira Lima – Airton Cordeiro – Airton Sandoval – Alarico Abib – Albano Franco – Albérico Cordeiro – Albérico Filho – Alceni Guerra – Alcides – 4 should read as “ constitutional a mendment no. 32/2001”. miolo_constitution_versao_camara.indd 158 17/6/2010 15:01:07 General Constitutional Provisions 159 Saldanha – Aldo Arantes – Alércio Dias – Alexandre Costa – Alexandre Puzyna – Alfredo Campos – Almir Gabriel – Aloisio Vasconcelos – Aloysio Chaves – Aloysio Teixeira – Aluizio Bezerra – Aluízio Campos – Álvaro Antônio – Álvaro Pacheco – Álvaro Valle – Alysson Paulinelli – Amaral Netto – Amaury Müller – Amilcar Moreira – Ângelo Magalhães – Anna Maria Rattes – Annibal Barcellos – Antero de Barros – Antônio Câmara – Antônio Carlos Franco – Antonio Carlos Mendes Thame – Antônio de Jesus – Antonio Ferreira – Antonio Gaspar – Antonio Mariz – Antonio Perosa – Antônio Salim Curiati – Antonio Ueno – Arnaldo Martins – Arnaldo Moraes – Arnaldo Prieto – Arnold Fioravante – Arolde de Oliveira – Artenir Werner – Artur da Távola – Asdrubal Bentes – Assis Canuto – Átila Lira – Augusto Carvalho – Áureo Mello – Basílio Villani – Benedicto Monteiro – Benito Gama – Beth Azize – Bezerra de Melo – Bocayuva Cunha – Bonifácio de Andrada – Bosco França – Brandão Monteiro – Caio Pompeu – Carlos Alberto – Carlos Alberto Caó – Carlos Benevides – Carlos Cardinal – Carlos Chiarelli – Carlos Cotta – Carlos De’Carli – Carlos Mosconi – Carlos Sant’Anna – Carlos Vinagre – Carlos Virgílio – Carrel Benevides – Cássio Cunha Lima – Célio de Castro – Celso Dourado – César Cals Neto – César Maia – Chagas Duarte – Chagas Neto – Chagas Rodrigues – Chico Humberto – Christóvam Chiaradia – Cid Carvalho – Cid Sabóia de Carvalho – Cláudio Ávila – Cleonâncio Fonseca – Costa Ferreira – Cristina Tavares – Cunha Bueno – Dálton Canabrava – Darcy Deitos – Darcy Pozza – Daso Coimbra – Davi Alves Silva – Del Bosco Amaral – Delfim Netto – Délio Braz – Denisar Arneiro – Dionisio Dal Prá – Dionísio Hage – Dirce Tutu Quadros – Dirceu Carneiro – Divaldo Suruagy – Djenal Gonçalves – Domingos Juvenil – Domingos Leonelli – Doreto Campanari – Edésio Frias – Edison Lobão – Edivaldo Motta – Edme Tavares – Edmilson Valentim – Eduardo Bonfim – Eduardo Jorge – Eduardo Moreira – Egídio Ferreira Lima – Elias Murad – Eliel Rodrigues – Eliézer Moreira – Enoc Vieira – Eraldo Tinoco – Eraldo Trindade – Erico Pegoraro – Ervin Bonkoski – Etevaldo Nogueira – Euclides Scalco – Eunice Michiles – Evaldo Gonçalves – Expedito Machado – Ézio Ferreira – Fábio Feldmann – Fábio Raunheitti – Farabulini Júnior – Fausto Fernandes – Fausto Rocha – Felipe Mendes – Feres Nader – Fernando Bezerra Coelho – Fernando Cunha – Fernando Gasparian – Fernando Gomes – Fernando Henrique Cardoso – Fernando Lyra – Fernando Santana – Fernando Velasco – Firmo de Castro – Flavio Palmier da Veiga – Flávio Rocha – Florestan Fernandes – Floriceno Paixão – França Teixeira – Francisco Amaral – Francisco Benjamim – Francisco Carneiro – Francisco Coelho – Francisco Diógenes – Francisco Dornelles – Francisco Küster – Francisco Pinto – Francisco Rollemberg – Francisco Rossi – Francisco Sales – Furtado Leite – Gabriel Guerreiro – Gandi Jamil – Gastone Righi – Genebaldo Correia – Genésio Bernardino – Geovani Borges – Geraldo Alckmin Filho – Geraldo Bulhões – Geraldo Campos – Geraldo Fleming – Geraldo Melo – Gerson Camata – Gerson Marcondes – Gerson Peres – Gidel Dantas – Gil César – Gilson Machado – Gonzaga Patriota – Guilherme Palmeira – Gumercindo Milhomem – Gustavo de Faria – Harlan Gadelha – Haroldo Lima – Haroldo Sabóia – Hélio Costa – Hélio Duque – Hélio Manhães – Hélio Rosas – Henrique Córdova – Henrique Eduardo Alves – Heráclito Fortes – Hermes Zaneti – Hilário Braun – Homero Santos – Humberto Lucena – Humberto Souto – Iberê Ferreira – Ibsen Pinheiro – Inocêncio Oliveira – Irajá Rodrigues – Iram Saraiva – Irapuan Costa Júnior – Irma Passoni – Ismael Wanderley – Israel Pinheiro – Itamar Franco – Ivo Cersósimo – Ivo Lech – Ivo Mainardi – Ivo Vanderlinde – Jacy miolo_constitution_versao_camara.indd 159 17/6/2010 15:01:07 Constitution of the Federative Republic of Brazil 160 Scanagatta – Jairo Azi – Jairo Carneiro – Jalles Fontoura – Jamil Haddad – Jarbas Passarinho – Jayme Paliarin – Jayme Santana – Jesualdo Cavalcanti – Jesus Tajra – Joaci Góes – João Agripino – João Alves – João Calmon – João Carlos Bacelar – João Castelo – João Cunha – João da Mata – João de Deus Antunes – João Herrmann Neto – João Lobo – João Machado Rollemberg – João Menezes – João Natal – João Paulo – João Rezek – Joaquim Bevilácqua – Joaquim Francisco – Joaquim Hayckel – Joaquim Sucena – Jofran Frejat – Jonas Pinheiro – Jonival Lucas – Jorge Bornhausen – Jorge Hage – Jorge Leite – Jorge Uequed – Jorge Vianna – José Agripino – José Camargo – José Carlos Coutinho – José Carlos Grecco – José Carlos Martinez – José Carlos Sabóia – José Carlos Vasconcelos – José Costa – José da Conceição – José Dutra – José Egreja – José Elias – José Fernandes – José Freire – José Genoíno – José Geraldo – José Guedes – José Ignácio Ferreira – José Jorge – José Lins – José Lourenço – José Luiz de Sá – José Luiz Maia – José Maranhão – José Maria Eymael – José Maurício – José Melo – José Mendonça Bezerra – José Moura – José Paulo Bisol – José Queiroz – José Richa – José Santana de Vasconcellos – José Serra – José Tavares – José Teixeira – José Thomaz Nonô – José Tinoco – José Ulísses de Oliveira – José Viana – José Yunes – Jovanni Masini – Juarez Antunes – Júlio Campos – Júlio Costamilan – Jutahy Júnior – Jutahy Magalhães – Koyu Iha – Lael Varella – Lavoisier Maia – Leite Chaves – Lélio Souza – Leopoldo Peres – Leur Lomanto – Levy Dias – Lézio Sathler – Lídice da Mata – Louremberg Nunes Rocha – Lourival Baptista – Lúcia Braga – Lúcia Vânia – Lúcio Alcântara – Luís Eduardo – Luís Roberto Ponte – Luiz Alberto Rodrigues – Luiz Freire – Luiz Gushiken – Luiz Henrique – Luiz Inácio Lula da Silva – Luiz Leal – Luiz Marques – Luiz Salomão – Luiz Viana – Luiz Viana Neto – Lysâneas Maciel – Maguito Vilela – Maluly Neto – Manoel Castro – Manoel Moreira – Manoel Ribeiro – Mansueto de Lavor – Manuel Viana – Márcia Kubitschek – Márcio Braga – Márcio Lacerda – Marco Maciel – Marcondes Gadelha – Marcos Lima – Marcos Queiroz – Maria de Lourdes Abadia – Maria Lúcia – Mário Assad – Mário Covas – Mário de Oliveira – Mário Lima – Marluce Pinto – Matheus Iensen – Mattos Leão – Maurício Campos – Maurício Correa – Maurício Fruet – Maurício Nasser – Maurício Pádua – Maurílio Ferreira Lima – Mauro Borges – Mauro Campos – Mauro Miranda – Mauro Sampaio – Max Rosenmann – Meira Filho – Melo Freire – Mello Reis – Mendes Botelho – Mendes Canale – Mendes Ribeiro – Messias Góis – Messias Soares – Michel Temer – Milton Barbosa – Milton Lima – Milton Reis – Miraldo Gomes – Miro Teixeira – Moema São Thiago – Moysés Pimentel – Mozarildo Cavalcanti – Mussa Demes – Myrian Portella – Nabor Júnior – Naphtali Alves de Souza – Narciso Mendes – Nelson Aguiar – Nelson Carneiro – Nelson Jobim – Nelson Sabrá – Nelson Seixas – Nelson Wedekin – Nelton Friedrich – Nestor Duarte – Ney Maranhão – Nilso Sguarezi – Nilson Gibson – Nion Albernaz – Noel de Carvalho – Nyder Barbosa – Octávio Elísio – Odacir Soares – Olavo Pires – Olívio Dutra – Onofre Corrêa – Orlando Bezerra – Orlando Pacheco – Oscar Corrêa – Osmar Leitão – Osmir Lima – Osmundo Rebouças – Osvaldo Bender – Osvaldo Coelho – Osvaldo Macedo – Osvaldo Sobrinho – Oswaldo Almeida – Oswaldo Trevisan – Ottomar Pinto – Paes de Andrade – Paes Landim – Paulo Delgado – Paulo Macarini – Paulo Marques – Paulo Mincarone – Paulo Paim – Paulo Pimentel – Paulo Ramos – Paulo Roberto – Paulo Roberto Cunha – Paulo Silva – Paulo Zarzur – Pedro Canedo – Pedro Ceolin – Percival Muniz – Pimenta da Veiga – Plínio Arruda Sampaio – Plínio Martins – Pompeu de Sousa – Rachid miolo_constitution_versao_camara.indd 160 17/6/2010 15:01:07 General Constitutional Provisions 161 Saldanha Derzi – Raimundo Bezerra – Raimundo Lira – Raimundo Rezende – Raquel Cândido – Raquel Capiberibe – Raul Belém – Raul Ferraz – Renan Calheiros – Renato Bernardi – Renato Johnsson – Renato Vianna – Ricardo Fiuza – Ricardo Izar – Rita Camata – Rita Furtado – Roberto Augusto – Roberto Balestra – Roberto Brant – Roberto Campos – Roberto D’Ávila – Roberto Freire – Roberto Jefferson – Roberto Rollemberg – Roberto Torres – Roberto Vital – Robson Marinho – Rodrigues Palma – Ronaldo Aragão – Ronaldo Carvalho – Ronaldo Cezar Coelho – Ronan Tito – Ronaro Corrêa – Rosa Prata – Rose de Freitas – Rospide Netto – Rubem Branquinho – Rubem Medina – Ruben Figueiró – Ruberval Pilotto – Ruy Bacelar – Ruy Nedel – Sadie Hauache – Salatiel Carvalho – Samir Achôa – Sandra Cavalcanti – Santinho Furtado – Sarney Filho – Saulo Queiroz – Sérgio Brito – Sérgio Spada – Sérgio Werneck – Severo Gomes – Sigmaringa Seixas – Sílvio Abreu – Simão Sessim – Siqueira Campos – Sólon Borges dos Reis – Stélio Dias – Tadeu França – Telmo Kirst – Teotonio Vilela Filho – Theodoro Mendes – Tito Costa – Ubiratan Aguiar – Ubiratan Spinelli – Uldurico Pinto – Valmir Campelo – Valter Pereira – Vasco Alves – Vicente Bogo – Victor Faccioni – Victor Fontana – Victor Trovão – Vieira da Silva – Vilson Souza – Vingt Rosado – Vinicius Cansanção – Virgildásio de Senna – Virgílio Galassi – Virgílio Guimarães – Vitor Buaiz – Vivaldo Barbosa – Vladimir Palmeira – Wagner Lago – Waldec Ornélas – Waldyr Pugliesi – Walmor de Luca – Wilma Maia – Wilson Campos – Wilson Martins – Ziza Valadares. PARTICIPANTS: Álvaro Dias – Antônio Britto – Bete Mendes – Borges da Silveira – Cardoso Alves – Edivaldo Holanda – Expedito Júnior – Fadah Gattass – Francisco Dias – Geovah Amarante – Hélio Gueiros – Horácio Ferraz – Hugo Napoleão – Iturival Nascimento – Ivan Bonato – Jorge Medauar – José Mendonça de Morais – Leopoldo Bessone – Marcelo Miranda – Mauro Fecury – Neuto de Conto – Nivaldo Machado – Oswaldo Lima Filho – Paulo Almada – Prisco Viana – Ralph Biasi – Rosário Congro Neto – Sérgio Naya – Tidei de Lima. IN MEMORIAM: Alair Ferreira – Antônio Farias – Fábio Lucena – Norberto Schwantes – Virgílio Távora. miolo_constitution_versao_camara.indd 161 17/6/2010 15:01:07 Temporary Constitutional Provisions Act 163 tem PoRaRY C onstitutional PR o V isions a C t ar ticle 1. th e pr esident of the re public, the pr esident of the su preme fe deral Court and the members of the National Congress shall take an oath to maintain, defend and comply with the co nstitution, upon and on the date of the promulgation thereof. a rticle 2. On September 7, 1993, the voters shall define, through a plebiscite, the form (republic or constitutional monarchy) and system of government (parliamentary or presidential) to be in force in Brazil. 5 paragraph 1. the free diffusion of these forms and systems through public utility mass communication vehicles shall be free of char ge. pa ragraph 2. th e su perior el ectoral co urt shall, upon promulgation of the c onstitution, issue the regulatory rules for this article. a rticle 3. The revision of the Constitution shall be effected after five years as of its promulgation, by the vote of the absolute majority of the members of the National c ongress in a unicameral session. a rticle 4. The term of office of the incumbent President of the Republic shall end on March 15, 1990. Paragraph 1. The first election for President of the Republic after promulgation of the c onstitution shall be held on n ovember 15, 1989, and the provisions of article 16 of the c onstitution shall not apply thereto. p aragraph 2. t he irreducibility of the present representation of the states and the f ederal d istrict in the c hamber of d eputies is ensured. Paragraph 3. The terms of office of the Governors and of the Vice-Governors elected on n ovember 15, 1986 shall end on March 15, 1991. Paragraph 4. The terms of office of the present Mayors, Vice-Mayors and City c ouncilmen shall end on January 1, 1989, with the inauguration of those elected. a rticle 5. The provisions of article 16 and the rules of article 77 of the Constitution do not apply to the elections scheduled for n ovember 15, 1988. p aragraph 1. f or the elections of n ovember 15, 1988, an electoral domicile in the electoral district of at least four months prior to the election shall be required, and the candidates who fulfill this requirement and satisfy the other legal requisites may register with the e lectoral c ourts after the c onstitution is promulgated. Paragraph 2. In the absence of a specific legal rule, it shall be incumbent upon the s uperior e lectoral c ourt to issue the rules required to hold the 1988 elections, with due regard for the laws in force. 5 please refer to ca no. 2/1992. miolo_constitution_versao_camara.indd 163 17/6/2010 15:01:07 Constitution of the Federative Republic of Brazil 164 pa ragraph 3. pr esent fe deral co ngressmen and st ate re presentatives elected for the office of Vice-Mayor, if called to exercise the office of Mayor, shall not lose their parliamentary office. pa ragraph 4. th e number of co uncilmen per municipality shall be determined, for the representation to be elected in 1988, by the respective r egional e lectoral c ourt, with due regard for the limits established in article 29, iv, of the c onstitution. p aragraph 5. f or the elections to be held on n ovember 15, 1988, except for those who already hold an elective office, the spouse and relatives by blood or marriage up to the second degree or relatives by adoption of the p resident of the r epublic, of a s tate Governor, or the Governor of the f ederal d istrict and of a Mayor who have served more than half of their term of office, are ineligible for any office within the jurisdiction of the office holder. ar ticle 6. fe deral co ngressmen may, during the six months following the promulgation of the c onstitution, and forming a group of at least thirty, request from the s uperior e lectoral c ourt the registration of a new political party, the petition to be accompanied by the respective manifest, the by-laws and the programme duly signed by the petitioners. pa ragraph 1. th e provisional registration, which shall be promptly granted by the s uperior e lectoral c ourt, according to this article, grants to the new party all rights, duties and prerogatives of the existing parties, among which the right to take part, under its own name, in the elections to be held during the twelve months following its formation. p aragraph 2. t he new party shall automatically lose its provisional registration if, within twenty-four months of its formation, it fails to obtain the final registration at the s uperior e lectoral c ourt, as established by law. a rticle 7. Brazil shall strive for the creation of an international court of human rights. a rticle 8. a mnesty is granted to those who, during the period from s eptember 18, 1946, to the date the c onstitution is promulgated, have been affected, exclusively for political reasons, by institutional or supplementary acts of exception, to those encompassed in le gislative de cree no. 18, of de cember 15, 1961, and to those affected by d ecree- l aw no. 846, of s eptember 12, 1969, ensuring the promotions, in their inactivity, to the office, position or rank to which they would be entitled if they were in active service, with due regard for the periods of continuous activity set forth in laws and regulations in force, respecting the characteristics and peculiarities of the careers of civil and military public servants and complying with the respective legal regimes. Paragraph 1. The provisions of this article shall only generate financial effects as from the promulgation of the Constitution, any kind of retroactive compensation being forbidden. Paragraph 2. T he benefits established in this article are ensured to workers of the private sector, union officers and representatives who, for exclusively political reasons, miolo_constitution_versao_camara.indd 164 17/6/2010 15:01:07 General Constitutional Provisions 165 have been punished, dismissed or compelled to leave the remunerated activities they had been performing, as well as to those who have been prevented from performing their professional activities by virtue of ostensive pressures or secret official procedures. p aragraph 3. r eparation of economic nature shall be granted, as set forth by a law to be proposed by the n ational c ongress and to become effective within twelve months counted from the promulgation of the Constitution, to citizens who were prevented from performing, as civilians, a specific professional activity by virtue of r eserved o rdinances of the Ministry of the a ir f orce no. s -50-GM5 of June 19, 1964, and no. s -285-GM5. pa ragraph 4. to those who, by virtue of institutional acts, have gratuitously exercised elective offices of city councilmen, the respective periods shall be computed for purposes of social security and retirement from civil service. p aragraph 5. t he amnesty granted under this article applies to civil servants and to employees at all levels of government or at its foundations, state-owned companies or mixed-capital companies under state control, except in the military Ministries, who have been punished or dismissed from professional activities interrupted by decision of their employees, as well as by virtue of Decree-Law no. 1,632, of August 4, 1978, or for exclusively political reasons, the readmission of those affected as from 1979 being ensured, with due regard for the provisions of paragraph 1. a rticle 9. t hose who, for exclusively political reasons, were disfranchised or had their political rights suspended during the period from July 15 to d ecember 31, 1969, by an act of the then pr esident of the re public, may request the su preme fe deral co urt to acknowledge the rights and advantages interrupted by the punitive acts, provided that they prove that such acts were marked by gross flaws. Sole paragraph. t he s upreme f ederal c ourt shall pronounce its decision within one hundred and twenty days as from the request of the interested party. ar ticle 10. U ntil the supplementary law referred to in article 7, I, of the Constitution is promulgated: i – the protection referred to therein is limited to the increase, to four times, of the percentage set forth in article 6, head paragraph and paragraph 1, of the l aw no. 5,1076 of September 13, 1966; II – arbitrary dismissal or dismissal without just cause is prohibited: a) of an employee elected to an executive office of internal accident prevention committees, from the date of the registration of his candidacy to one year after the end of his term of office; b) of a pregnant employee, from the date the pregnancy is confirmed to five months after delivery. p aragraph 1. u ntil such time as the law shall regulate the provisions of article 7, XIX, of the Constitution, the period of paternity leave referred to in the item is of five days. 6 Revoked by Act no. 7,839/89, which was in turn revoked by Act no. 8,036/1990. miolo_constitution_versao_camara.indd 165 17/6/2010 15:01:07 Constitution of the Federative Republic of Brazil 166 paragraph 2. until further legal provisions are established, the contributions to fund the activities of rural unions shall be collected together with the rural property tax, by the same collecting agency. Paragraph 3. Upon the first proof of fulfillment of labour obligations by rural employers, as established by article 2337, after the promulgation of the c onstitution, the conformity of the contract to the law and of the correction of the labour obligations over the entire period shall be certified before the Labour Courts. ar ticle 11. ea ch le gislative as sembly endowed with constituent powers, shall draft the s tate c onstitution within one year as from the promulgation of the f ederal c onstitution, with due regard for the principles of the latter. Sole paragraph. af ter the promulgation of the st ate co nstitution, it shall be incumbent upon the c ity c ouncil, within six months, to vote the respective o rganic l aw, in two rounds of discussion and voting, with due regard for the provisions of the f ederal and state c onstitutions. a rticle 12. W ithin ninety days of the promulgation of the Constitution, a Land s tudies c ommittee shall be created, with ten members nominated by the n ational Congress and five members by the Executive Power, for the purpose of submitting studies concerning the national territory and draft bills regarding new territorial units, particularly in the Legal Amazonian Region and in areas pending solution. Paragraph 1. W ithin one year the Committee shall submit the results of its studies to the na tional co ngress so that, in accordance with the co nstitution, such studies may be examined during the twelve subsequent months, the committee being dissolved shortly thereafter. p aragraph 2. t he states and the municipalities shall, within three years of the promulgation of the Constitution, provide, by agreement or adjustment, for the demarcation of their borders presently in litigation, and they may for such purpose effect area alterations and compensations which allow for natural features, historical criteria, administrative ease and convenience of the bordering populations. p aragraph 3. a t the request of the interested states and municipalities, the u nion may undertake the demarcation work. pa ragraph 4. if , three years after the promulgation of the co nstitution, the demarcation work has not been completed, the Union shall determine the borders of the areas under litigation. Paragraph 5. The present borders of the state of Acre with the states of Amazonas and Rondonia are hereby recognized and ratified according to cartographic and geodesic surveys conducted by the tripartite c ommittee formed by representatives of the states and of the specialized technical services of the Brazilian Institute of Geography and s tatistics. a rticle 13. t he state of tocantins is created by separation of the area described in this article and its installation shall occur on the forty-sixth day after the election provided for in paragraph 3, but not before January 1, 1989. 7 Article 233 was revoked by CA no. 28/2000. miolo_constitution_versao_camara.indd 166 17/6/2010 15:01:07 Temporary Constitutional Provisions Act 167 paragraph 1. the state of tocantins is part of the n orthern r egion and borders with the state of Goiás along the northern boundaries of the municipalities of s ão Miguel do ar aguaia, po rangatu, fo rmoso, Minaçu, ca valcante, Monte al egre de Goiás and c ampos b elos, maintaining the present eastern, northern and western borders of Goiás with the states of b ahia, p iauí, Maranhão, p ará and Mato Grosso. p aragraph 2. t he e xecutive p ower shall designate one of the cities of the state as its provisional capital until such time as the final seat of government is approved by the c onstituent a ssembly. pa ragraph 3. th e Governor, the vi ce-Governor, the se nators and the fe deral and State Deputies shall be elected, in a single voting, within seventy-five days after the promulgation of the co nstitution, but not before no vember 15, 1988, at the discretion of the Superior Electoral Court, with due regard, among others, for the following rules: I – the deadline for affiliation of the candidates to the parties shall end seventy- five days prior to the date of the elections; ii – the dates for the regional party conventions for the purpose of deciding upon coalitions and choice of candidates, for the presentation of the application for registration of the candidates chosen and for the other legal procedures shall be determined by the Electoral Courts in a special schedule; III – the holders of state or municipal offices who have not left such offices on a definitive basis seventy-five days prior to the date of the elections provided for in this paragraph shall be ineligible; iv – the present regional committees of the political parties of the state of Goiás are maintained, it being incumbent upon the national executive committees to appoint provisional committees for the state of tocantins, in accordance with and for the purposes established by law. Paragraph 4. T he terms of office of Governor, Vice-Governor and Federal and State de puties elected in accordance with the preceding paragraph shall end concurrently with those of the other units of the Federation; the term of office of the least voted elected Senator shall end on the same occasion and the terms of office of the other two Senators shall end together with those of the se nators elected in 1986 in the other states. p aragraph 5. t he s tate c onstituent a ssembly shall be installed on the forty-sixth day as from the election of its members, but not before January 1, 1989, under the chairmanship of the p resident of the r egional e lectoral c ourt of the state of Goiás, and shall on the same date inaugurate the elected Governor and vice-Governor . p aragraph 6. t he legal rules regulating the division of the state of Mato Grosso shall apply, where appropriate, to the creation and installation of the state of to cantins with due regard for the provisions of article 234 of the c onstitution. Paragraph 7. T he state of Goiás shall be released from debts and burdens resulting from undertakings within the territory of the new state, and the Union is authorized, at its discretion, to take over such debts. a rticle 14. t he federal territories of r oraima and of a mapá are transformed into federated states, their present geographic borders being maintained. miolo_constitution_versao_camara.indd 167 17/6/2010 15:01:07 Constitution of the Federative Republic of Brazil 168 paragraph 1. the installation of the states shall occur upon the inauguration of the governors elected in 1990. pa ragraph 2. th e rules and criteria adopted for the creation of the state of ro ndônia shall apply to the transformation and installation of the states of r oraima and a mapá, with due regard for the provisions of the c onstitution and of this a ct. Paragraph 3. T he President of the Republic shall, within forty-five days of the promulgation of the co nstitution, submit for examination by the fe deral se nate the names of the governors of the states of ro raima and am apá who shall exercise the ex ecutive po wer until the new states are installed with the inauguration of the elected governors. p aragraph 4. u ntil the transformation into states is effected according to this article, the federal territories of Roraima and Amapá shall enjoy the benefits of transfer of funds provided for in article 159, i , a, of the c onstitution and article 34, paragraph 2, ii , of this a ct. a rticle 15. t he f ederal territo ry of f ernando de n oronha is extinguished and its area reincorporated into the state of p ernambuco. ar ticle 16. un til the provisions of article 32, paragraph 2, of the co nstitution are implemented, it shall be incumbent upon the pr esident of the re public, with the approval of the fe deral se nate, to appoint the Governor and vi ce-Governor of the fe deral di strict. p aragraph 1. t he authority of the l egislative c hamber of the f ederal d istrict shall, until such time as it is installed, be exercised by the f ederal s enate. Paragraph 2. T he accounting, financial, budgetary, operational and property supervision of the f ederal d istrict shall, until such time as the l egislative c hamber is installed, be carried out by the f ederal s enate, by means of external control, with the assistance of the a udit c ourt of the f ederal d istrict, with due regard for the provisions of article 72 of the Constitution. p aragraph 3. t he assets of the f ederal d istrict shall include those which may be assigned to it by the u nion as established by law. ar ticle 17. ea rnings, compensation, advantages and additional pay, as well as retirement pensions which are being received in disagreement with this c onstitution, shall be reduced immediately to the limits arising therefrom, it not being allowed, in this case, to invoke a vested right or receipt of excess on any account. Paragraph 1. I t is ensured the cumulative occupation of two medical offices or jobs that are held by a military physician in the direct or indirect government administration. Paragraph 2. T he cumulative occupation of two offices or jobs reserved for health professionals is ensured if held in the direct or indirect government administration. a rticle 18. t he legal effects of any legislative or administrative act drawn up as of the installation of the National Constituent Assembly, with the objective of granting tenure to a public servant admitted without a public entrance examination to the direct or indirect administration, including the foundations instituted and maintained by the Government, shall be extinguished. miolo_constitution_versao_camara.indd 168 17/6/2010 15:01:07 Temporary Constitutional Provisions Act 169