Article 64 of the Constitution of Brazil

the p resident of the r epublic, the s upreme f ederal c ourt and of the s uperior c ourts shall start in the c hamber of d eputies. ( ca n o. 32, 2001) pa ragraph 1. th e pr esident of the re public may request urgency in the examination of bills of his own initiative. p aragraph 2. i f, in the event of paragraph 1, the c hamber of d eputies and the fe deral se nate fail to act, each one, successively, on the proposition, within the period of forty-five days, deliberation on all other legislative matters shall be suspended in the respective h ouse, save those which must be considered within a stipulated constitutional period, in order that the voting may be concluded. pa ragraph 3. am endments of the fe deral se nate shall be examined by the ch amber of d eputies within a period of ten days, in accordance, otherwise, with the provisions of the preceding paragraph. p aragraph 4. t he periods of time referred to in paragraph 2 shall not be counted while the c ongress is in recess and shall not apply to the bills of codes. a rticle 65. a bill of law approved by one h ouse shall be reviewed by the other in a single reading of discussing and voting and sent for sanctioning or promulgation, if approved by the reviewing House, or it shall be dismissed, if rejected. Sole paragraph. i f the bill is amended, it shall return to the h ouse where it was proposed. a rticle 66. t he h ouse in which voting is concluded shall send the bill of law to the p resident of the r epublic, who, if he concurs, shall sanction it. ( ca n o. 32, 2001) p aragraph 1. i f the p resident of the r epublic considers the bill of law, wholly or in part, unconstitutional or contrary to public interest, he shall veto it, wholly or in part, within fifteen work days, counted from the date of receipt and he shall, within forty-eight hours, inform the p resident of the s enate of the reasons of his veto. pa ragraph 2. a partial veto shall only comprise the full text of an article, paragraph, item or subitem. Paragraph 3. After a period of fifteen days, the silence of the President of the r epublic shall be considered as sanctioning. Paragraph 4. The veto shall be examined in a joint session, within thirty days, counted from the date of receipt, and may only be rejected by the absolute majority of the d eputies and s enators, by secret voting. p aragraph 5. i f the veto is not upheld, the bill shall be sent to the p resident of the r epublic for promulgation. pa ragraph 6. if the period of time established in paragraph 4 elapses without a decision being reached, the veto shall be included in the order of the day of the subsequent session, and all other propositions shall be suspended until its final voting. Paragraph 7. If, in the cases of paragraphs 3 and 5, the law is not promulgated within forty-eight hours by the p resident of the r epublic, the p resident of the s enate miolo_constitution_versao_camara.indd 65 17/6/2010 15:01:02 Constitution of the Federative Republic of Brazil 66 shall enact it and if the latter fails to do so within the same period, the vice- p resident of the s enate shall do so. a rticle 67. The matter dealt with in a rejected bill of law may only be the subject of a new bill during the same legislative session, upon proposal of the absolute majority of the members of either h ouse of the n ational c ongress. a rticle 68. d elegated laws shall be drawn up by the p resident of the r epublic, who shall request delegation from the n ational c ongress. p aragraph 1. t here shall be no delegation of acts falling within the exclusive competence of the n ational c ongress, of those within the exclusive competence of the ch amber of de puties or the fe deral se nate, of matters reserved for supplementary laws and of legislation on: I – the organization of the Judicial Power and of the Public Prosecution, the career and guarantees of their members; II – nationality, citizenship, individual, political and electoral rights; iii – pluriannual plans, budgetary directives and budgets. Paragraph 2. The delegation to the President of the Republic shall take the form of a resolution of the n ational c ongress, which shall specify its contents and the terms of its exercise. p aragraph 3. i f the resolution calls for consideration of the bill by the n ational c ongress, the latter shall do so in a single voting, any amendment being forbidden. a rticle 69. Supplementary laws shall be approved by absolute majority . se C tion i X a ccounting, f inancial and b udgetary c ontrol a rticle 70. Control of accounts, finances, budget, operations and property of the u nion and of the agencies of the direct and indirect administration, as to lawfulness, legitimacy, economic efficiency, application of subsidies and waiver of revenues, shall be exercised by the n ational c ongress, by means of external control and of the internal control system of each p ower. ( ca n o. 19, 1998) Sole paragraph. a ccounts shall be rendered by any individual or corporation, public or private, which uses, collects, keeps, manages, or administers public monies, assets or values, or those for which the u nion is responsible or which, on behalf of the u nion, assumes obligations of a pecuniary nature. ar ticle 71. ex ternal control, incumbent on the na tional co ngress, shall be exercised with the aid of the Federal Audit Court, which shall: i – examine the accounts rendered annually by the pr esident of the re public, by means of a prior opinion which shall be prepared in sixty days counted from receipt; ii – evaluate the accounts of the administrators and other persons responsible for public monies, assets and values of the direct and indirect administration, including miolo_constitution_versao_camara.indd 66 17/6/2010 15:01:02 The Organization of the Powers 67 foundations and companies instituted and maintained by the f ederal Government as well as the accounts of those who have caused a loss, misplacement or other irregularity resulting in losses to the public treasury; i ii – examine, for the purpose of registration, the lawfulness of acts of admission of personnel, on any account, in the direct and indirect administration, including the foundations instituted and maintained by the fe deral Government, with the exception of the appointments to commission offices, as well as the granting of civil and military retirement and pensions, except for subsequent improvements which do not alter the legal fundaments of the conceding act; iv – carry out, on its own initiative or on that of the c hamber of d eputies, of the f ederal s enate, or of a technical or inquiry committee, inspection and audits of an accounting, financial, budgetary, operational or property nature in the administrative units of the l egislative, e xecutive and Judicial p owers and other entities referred to in item II; v – control the national accounts of supranational companies in whose capital stock the Union holds a direct or indirect interest, as set forth in the acts of incorporation; vi – control the use of any funds transferred by the u nion, by means of an agreement, arrangement, adjustment or any other similar instrument, to a state, the Federal District or a municipality; v ii – render the information requested by the na tional co ngress, by either of its Houses or by any of the respective committees concerning accounting, financial, budgetary, operational and property control and the results of audits and inspections made; v iii – in case of illegal expenses or irregular accounts, apply to the responsible parties the sanctions provided by law, which shall establish, among other comminations, a fine proportional to the damages caused to the public treasury; IX – determine a period of time for the agency or entity to take the necessary steps for the strict compliance with the law, if an illegality is established; X – if not heeded, stop the execution of the impugned act, notifying the Chamber of Deputies and the Federal Senate of such decision; X i – present a formal charge to the competent p ower on any irregularities or abuses verified. p aragraph 1. i n the case of a contract, the restraining act shall be adopted directly by the n ational c ongress, which shall immediately request the e xecutive p ower to take the applicable measures. par agraph 2. if the natio nal co ngress or the e xecutive po wer, within ninety days, do not take the measures provided for in the preceding paragraph, the Court shall decide on the matter. Paragraph 3. Decisions of the Court resulting in the imposition of a debt or fine shall have the effectiveness of an execution instrument. p aragraph 4. t he c ourt shall, quarterly and annually, forward to the n ational c ongress a report on its activities. miolo_constitution_versao_camara.indd 67 17/6/2010 15:01:02 Constitution of the Federative Republic of Brazil 68 ar ticle 72. I n view of indications of unauthorized expenditure, even if in the form of non-programmed investments or non-approved subsidies, the permanent joint Committee referred to in article 166, paragraph 1, may request the responsible Government authority to render the necessary explanation, within five days. Paragraph 1. If the explanations are not rendered or are considered insufficient, the Committee shall request the Court to make a conclusive statement on the matter within thirty days. p aragraph 2. i f the c ourt deems the expense to be irregular, the c ommittee shall, if it considers that the expenditure may cause irreparable damage or serious injury to the public economy, propose to the n ational c ongress that it be suspended. a rticle 73. t he f ederal a udit c ourt, formed by nine Justices, shall have its seat in the Federal District, its own staff and jurisdiction throughout the national territory, and shall exercise, insofar as pertinent, the incumbencies provided for in article 96. ( ca n o. 20, 1998) p aragraph 1. t he Justices of the f ederal a udit c ourt shall be appointed from among Brazilians who meet the following requirements: I – more than thirty-five and less than sixty-five years of age; II – moral integrity and spotless reputation; III – notable knowledge of the law, accounting, economics and finances or of public administration; IV – more than ten years of exercise of office or of actual professional activity which requires the knowledge mentioned in the preceding item. Paragraph 2. The Justices of the Federal Audit Court shall be chosen: i – one-third by the p resident of the r epublic with the approval of the f ederal se nate, two of them being alternately chosen from among auditors and members of the pu blic pr osecution at the co urt, as indicated in a triple list by the co urt, in accordance with criteria of seniority and merit; ii – two-thirds by the n ational c ongress. pa ragraph 3. th e Justices of the fe deral au dit co urt shall have the same guarantees, prerogatives, impediments, remuneration, and advantages as the Justices of the s uperior c ourt of Justice, their retirement pensions and other pensions being ruled by the provisions of article 40. p aragraph 4. t he auditor, when substituting for a Justice, shall have the same guarantees and impediments as the incumbent Justice, and, when in exercise of the other duties of the judicature, those of a Judge of a Federal Regional Court. ar ticle 74. th e le gislative, ex ecutive and Judicial po wers shall maintain an integrated system of internal control for the purpose of: i – evaluating the attainment of the goals established in the pluriannual plan, the implementation of government programmes and of the budgets of the Union; ii – verifying the lawfulness and evaluating the results, as to effectiveness and efficiency, of the budgetary, financial and property management in the agencies and miolo_constitution_versao_camara.indd 68 17/6/2010 15:01:02 The Organization of the Powers 69 entities of the federal administration, as well as the use of public funds by private legal entities; i ii – exercising control over credit transactions, collateral signatures and guarantees, as well as over the rights and assets of the Union; iv – supporting external control in the exercise of its institutional mission. p aragraph 1. t he persons responsible for internal control shall, upon learning of any irregularity or illegality, inform the Federal Audit Court about it, subject to joint liability. Paragraph 2. A ny citizen, political party, association or labour union has standing under the law to denounce irregularities or illegalities to the f ederal a udit c ourt. a rticle 75. t he rules set forth in this section shall apply, where appropriate, to the organization, composition and control of the Audit Courts of the states and of the f ederal d istrict, as well as the a udit c ourts and c ouncils of the municipalities. Sole paragraph. t he state c onstitutions shall provide for the respective a udit c ourts, which shall be formed by seven council members. CH a P te R ii t he e xecutive p ower se C tion i t he p resident and the vice- p resident of the r epublic a rticle 76. t he e xecutive p ower is exercised by the p resident of the r epublic, assisted by the Ministers of s tate. a rticle 77. t he election of the p resident and vice- p resident of the r epublic shall take place simultaneously, on the first Sunday of October, in the first round, and on the last s unday of o ctober, in the second round, as the case may be, of the year preceding the one in which the current presidential term of office ends. (CA No. 16, 1997) pa ragraph 1. th e election of the pr esident of the re public shall imply the election of the vice- p resident registered with him. p aragraph 2. t he candidate who, being registered by a political party, obtains an absolute majority of votes, not counting blank or void votes, shall be considered elected p resident. Paragraph 3. I f no candidate attains an absolute majority in the first voting, another election shall be held within twenty days from the announcement of the results, the competition being between the two candidates with the highest number of votes, and being considered elected the candidate with the majority of valid votes. p aragraph 4. s hould one of the candidates, before the second round of voting is held, die, withdraw or become legally impaired, the candidate with the highest number of votes among the remaining candidates shall be called. p aragraph 5. if in the event of the preceding paragraphs, more than one candidate with an equal number of votes remain in second place, the eldest one shall qualify. miolo_constitution_versao_camara.indd 69 17/6/2010 15:01:02 Constitution of the Federative Republic of Brazil 70