Article 3 of the Constitution of Brazil

read as follows: “ a rticle 212. ............................................................................ .................................................................................................. p aragraph 3. in the distribution of public funds, priority shall be given to the providing for the needs of compulsory education, as regards universalization, assurance of quality standards, and equality, as set forth in the national education plan.” ar ticle 4. th e head paragraph of article 214 of the fe deral co nstitution shall henceforth read as follows, and shall include item VI: “ar ticle 214. th e law shall establish a ten-year national education plan, with a view to organizing the national education system with the cooperation of states and municipalities, as well as to defining implementation directives, objectives, targets, and strategies so as to ensure maintenance and development of teaching, at its various levels, grades, and modalities, by means of integrated federal, state, and municipal government actions leading to .................................................................................................. vi – stipulation of an amount of public funds to be invested in education as a proportion of the gross domestic product.” ar ticle 5. A rticle 76 of the Temporary Constitutional Provisions Act shall henceforth include the following Paragraph 3: “Article 76. .............................................................................. .................................................................................................. pa ragraph 3. fo r purposes of calculating the funds for maintenance and development of education referred to in ar ticle 212 of the c onstitution, the percentage mentioned in the head paragraph of this article shall be 12.5% (twelve and five tenths percent) in fiscal year 2009, 5% (five percent) in fiscal year 2010, and zero in fiscal year 2011.” a rticle 6. t he provisions of item i of a rticle 208 of the f ederal c onstitution shall be progressively implemented through the year 2016, under the terms of the n ational Education Plan, with technical and financial support from the Federal Government. a rticle 7. t his c onstitutional a mendment shall come into force on the date of its publication. b rasília, n ovember 11, 2009. THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Deputy Michel Temer, Speaker – Deputy Marco Maia, f irst vice- p resident – d eputy Antônio Carlos miolo_constitution_versao_camara.indd 372 17/6/2010 15:01:18 Constitutional Amendments 373 Magalhães Neto, s econd vice- p resident – d eputy Rafael Guerra, f irst s ecretary – de puty Inocêncio Oliveira , se cond se cretary – de puty Odair Cunha , th ird se cretary – d eputy Nelson Marquezelli , f ourth s ecretary. THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator José Sarney, pr esident – se nator Marconi Perillo , fi rst vi ce-pr esident – se nator Serys Slhessarenko , s econd vice- p resident – s enator Heráclito Fortes, f irst s ecretary – s enator João Vicente Claudino, s econd s ecretary – s enator Mão Santa, t hird s ecretary – s enator César Borges, a cting f ourth s ecretary. p ublished in the Official Journal , n ovember 12, 2009. miolo_constitution_versao_camara.indd 373 17/6/2010 15:01:18 Constitution of the Federative Republic of Brazil 374 Constitutional amen D ment n o. 60, 2009 Alters Article 89 of the Temporary Constitutional Provisions Act to provide for the civil servants and members of the uniformed police force of the former Federal Territory of Rondônia. t he d irecting b oards of the c hamber of d eputies and of the f ederal s enate, under the terms of paragraph 3 of article 60 of the f ederal c onstitution, enact the following Amendment to the constitutional text: ar ticle 1. ar ticle 89 of the te mporary co nstitutional pr ovisions ac t shall henceforth read as follows, whereas the payment, on any account, resulting from such alteration, of reimbursements or compensation of any nature regarding periods of time preceding the date of publication of this Constitutional Amendment shall be forbidden: “ ar ticle 89. th e members of the uniformed police force and local administration employees of the former fe deral te rritory of Rondônia, who, in accordance with official documents, were regularly exercising their functions and rendering services to such former te rritory at the time it was transformed into a st ate, as well as the employees and uniformed police officers covered by the provisions of article 36 of su pplementary la w no. 41, de cember 22, 1981, and those who were legally included in the ro ndônia State Government personnel up until March 15, 1987, that is, the date the first elected governor took office, shall be included, at their option, in a special job class to be eventually terminated within the federal government services, being ensured of their specific rights and advantages, whereas the payment, under any circumstances, of remuneration differences shall be forbidden. pa ragraph 1. th e members of the uniformed police force shall continue rendering services to the s tate of r ondônia, in the quality of detailed personnel, subject to their respective uniformed police forces, with due regard for the compatibility between the duties of their function and their rank in the hierarchy. p aragraph 2. t he employees referred to in the head paragraph shall continue rendering services to the s tate of r ondônia, in the quality of detailed personnel, up until they are placed in a federal government entity, associate government agency, or foundation.” a rticle 2. t his c onstitutional a mendment shall come into force on the date of its publication, any kind of retroactive effects being forbidden. b rasília, n ovember 11, 2009. miolo_constitution_versao_camara.indd 374 17/6/2010 15:01:18 Constitutional Amendments 375 THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Deputy Michel Temer, Speaker – Deputy Marco Maia, f irst vice- p resident – d eputy Antônio Carlos Magalhães Neto, s econd vice- p resident – d eputy Rafael Guerra, f irst s ecretary – de puty Inocêncio Oliveira , se cond se cretary – de puty Odair Cunha , th ird se cretary – d eputy Nelson Marquezelli , f ourth s ecretary. THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator José Sarney, pr esident – se nator Marconi Perillo , fi rst vi ce-pr esident – se nator Serys Slhessarenko , s econd vice- p resident – s enator Heráclito Fortes, f irst s ecretary – s enator João Vicente Claudino, s econd s ecretary – s enator Mão Santa, t hird s ecretary – s enator César Borges, a cting f ourth s ecretary. p ublished in the Official Journal , n ovember 12, 2009. miolo_constitution_versao_camara.indd 375 17/6/2010 15:01:18 Constitution of the Federative Republic of Brazil 376 Constitutional amen D ment n o. 61, 2009 Alters Article 103-B of the Federal Constitution, to modify the membership of the National Council of Justice. th e di recting bo ards of the ch amber of de puties and of the fe deral se nate, under the terms of paragraph 3 of article 60 of the fe deral co nstitution, enact the following Amendment to the constitutional text: ar ticle 1. ar ticle 103- b of the fe deral co nstitution shall henceforth read as follows: “ a rticle 103- b . t he n ational c ouncil of Justice is composed of 15 (fifteen) members appointed for a two-year term of office, one reappointment being permitted, as follows: I – the Chief Justice of the Supreme Federal Court; .................................................................................................. p aragraph 1. t he c ouncil shall be presided over by the c hief Justice of the s upreme f ederal c ourt and, in the event of his absence or impediment, by the most senior a ssociate Justice of the s upreme f ederal c ourt. pa ragraph 2. th e other members of the co uncil shall be appointed by the pr esident of the re public, after their nomination has been approved by the absolute majority of the Federal Senate................................................................................................. ” a rticle 2. t his a mendment shall come into force on the date of its publication. b rasília, n ovember 11, 2009. THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Deputy Michel Temer, Speaker – Deputy Marco Maia, f irst vice- p resident – d eputy Antônio Carlos Magalhães Neto, s econd vice- p resident – d eputy Rafael Guerra, f irst s ecretary – de puty Inocêncio Oliveira , se cond se cretary – de puty Odair Cunha , th ird se cretary – d eputy Nelson Marquezelli , f ourth s ecretary. THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator José Sarney, pr esident – se nator Marconi Perillo , fi rst vi ce-pr esident – se nator Serys Slhessarenko , s econd vice- p resident – s enator Heráclito Fortes, f irst s ecretary – s enator João Vicente Claudino, s econd s ecretary – s enator Mão Santa, t hird s ecretary – s enator César Borges, a cting f ourth s ecretary. p ublished in the Official Journal , n ovember 12, 2009. miolo_constitution_versao_camara.indd 376 17/6/2010 15:01:18 Constitutional Amendments 377 Constitutional amen D ment n o. 62, 2009 Alters Article 100 of the Federal Constitution and adds Article 97 to the Temporary Constitutional Provisions Act, to establish a special regime for States, the Federal District, and Municipalities to effect court-ordered debt payments. t he d irecting b oards of the c hamber of d eputies and of the f ederal s enate, under the terms of paragraph 3 of article 60 of the f ederal c onstitution, enact the following Amendment to the constitutional text: ar ticle 1. A rticle 100 of the Federal Constitution shall henceforth read as follows: “ar ticle 100. pa yments owed by the federal, state, fe deral di strict, or municipal treasuries, by virtue of a court decision, shall be made exclusively in chronological order of submission of court orders and charged to the respective credits, it being forbidden to designate cases or persons in the budgetary appropriations and in the additional credits opened for such purpose. p aragraph 1. s upport-related debts include those arising from wages, salaries, 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, and shall be paid before any other debts, except those referred to in p aragraph 2 of this article. p aragraph 2. s upport-related debts owed to persons aged 60 (sixty) or over on the date the respective court order is issued, or to persons with serious diseases, as defined by law, shall be paid before any other debts, up to an amount equivalent to three times the amount stipulated by law for the purposes of p aragraph 3 of this article, parceling for such end being permitted, whereas the remaining amount shall be paid according to the chronological order of submission of respective court order. p aragraph 3. t he provision contained in the head paragraph of this article, regarding the issuance of court orders, does not apply to obligations defined by law as small amounts, which must be paid by the treasuries herein referred to by virtue of a final and unappealable court decision. p aragraph 4. f or the purposes of the provision of p aragraph 3, different amounts may be stipulated for the federating units through their own legislation and according to their various economic capabilities, whereas the minimum amount shall be miolo_constitution_versao_camara.indd 377 17/6/2010 15:01:18 Constitution of the Federative Republic of Brazil 378 equal to the amount of the highest benefit paid by the general s ocial s ecurity scheme. p aragraph 5. i t is mandatory for the budgets of the federating units to include the funds required for payment of debts arising from final and unappealable judicial decisions, stated in court orders submitted until or on July 1, and payment shall be made before the close of the subsequent fiscal year, on which date their amounts shall be adjusted for inflation. p aragraph 6. t he budgetary allocations and the credits opened shall be assigned to the Judicial po wer, it being within the competence of the p residing Judge of the c ourt which rendered the decision of execution to determine full payment and to authorize – upon petition of a creditor and exclusively in the event that his right of precedence is not respected or that the amount necessary to satisfy the debt has not been set aside – attachment of the respective amount. Paragraph 7. The Presiding Judge of the appropriate Court who, by means of an act or omission, delays or attempts to frustrate the regular payment of a court-ordered debt shall be liable to crime of malversation and shall also appear before the n ational c ouncil of Justice. p aragraph 8. t he issuance of a court order as a supplementation to or in addition to an amount already paid, as well as the parceling, apportionment, or reduction of the amount under execution - so that the provision of p aragraph 3 may be applied to a portion of the total amount – are forbidden. p aragraph 9. a t the time a court order is issued, irrespective of the relevant regulation, there shall be deducted from such court order, for the purpose of a set-off, an amount corresponding to clear legal debits, either registered or not under debts in execution and attributed to the original creditor by the treasury in debt, including future accruing installments of parcelings, save for those whose execution has been stayed by virtue of administrative or judicial challenge. p aragraph 10. b efore a court order is issued, the relevant court shall request that the treasury in debt must provide, within 30 (thirty) days, otherwise subject to loss of the right to offset, information on the debits which meet the conditions stipulated in p aragraph 9, for the purposes set forth in said p aragraph. pa ragraph 11. in accordance with legislation of the federating unit in debt, a creditor may employ court order credits to purchase public property belonging to the respective federating unit. p aragraph 12. a s from the date c onstitutional a mendment no. 62 is enacted, the amounts stated in court orders, after such court miolo_constitution_versao_camara.indd 378 17/6/2010 15:01:18 Constitutional Amendments 379 orders are issued up until effective payment, irrespective of their nature, shall be adjusted according to the official rate applied to savings accounts, whereas, for the purpose of compensation of delay in the payment, simple interest will be applied at the same percentage of interest applied to savings accounts, the employment of compensatory interest being excluded. p aragraph 13. c reditors may assign their court order credits, in whole or in part, to third parties, irrespective of consent by the debtor, and the provisions of p aragraphs 2 and 3 shall not be applied to the assignee. pa ragraph 14. as signment of court order credits shall only produce effects after communication to the court of origin and to the federating unit in debt by filing a relevant petition. Paragraph 15. Without prejudice to the provisions of this article, a supplementary law to this f ederal c onstitution may establish a special regime for the payment of court-ordered debts owed by s tates, the f ederal d istrict, and Municipalities, providing for earmarked net current revenues and for payment term and methods. pa ragraph 16. th e fe deral Government may, at its own discretion and under the terms of relevant law, take on debts resulting from court orders issued against a s tate, the f ederal District, or a Municipality, and refinance them directly.” a rticle 2. t he temporary c onstitutional p rovisions a ct shall henceforth include the following Article 97: “Article 97. Up until the supplementary law referred to in pa ragraph 15 of ar ticle 100 of the fe deral co nstitution is enacted, the st ates, the fe deral di strict, and Municipalities which, on the date of enactment of c onstitutional a mendment no. 62, have not yet effected payment of past due court-ordered debts regarding their respective direct and indirect administration, including court orders issued during the period the special regime instituted by this article is in force, shall effect such payments in accordance with the rules set forth in this article, whereas the provisions of ar ticle 100 of this fe deral co nstitution shall not be applicable, save for its pa ragraphs 2, 3, 9, 10, 11, 12, 13, and 14, and without prejudice to conciliation agreements already formalized by the date of publication of c onstitutional a mendment no. 62. pa ragraph 1. th e st ates, the fe deral di strict, and Municipalities subject to the special regime set forth in this article shall, by means of an Executive Power act, opt for either: i – depositing the amount referred to in pa ragraph 2 of this article into a special account; or miolo_constitution_versao_camara.indd 379 17/6/2010 15:01:18 Constitution of the Federative Republic of Brazil 380 II – adopting the special regime for a period of up to 15 (fifteen) years, in which case the percentage to be deposited into the special account referred to in p aragraph 2 of this article shall be equivalent to the total yearly balance of court-ordered debts, increased by the official rate applied to savings accounts and by simple interest applied at the same percentage of interest applied to savings accounts for the purpose of compensation of delay in the payment – the employment of compensatory interest being excluded, reduced by any paid amount, and divided by the remaining number of years in the special regime of payment. p aragraph 2. i n order to pay up both its past due and future accruing court-ordered debts through the special regime, the st ates, the fe deral di strict, and Municipalities in debt shall effect a monthly deposit into a special account created for such purpose, of 1/12 (one twelfth) of the amount calculated as a percentage of the respective net current revenues, as computed in the second month preceding the month of payment, whereas such percentage, calculated at the time of opting for the special regime and kept unchanged through the end of the period referred to in Paragraph 14 of this article, shall be equal to: I – in the case of the States and of the Federal District: a) at least 1.5% (one whole and five tenths per cent), for the States of the North, Northeast, and Centre-West regions, in addition to the Federal District, or for those States where the backlog of court orders owed by their respective direct and indirect administration corresponds to up to 35% (thirty-five per cent) of the total net current revenues; b) at least 2% (two per cent), for the States of the South and Southeast Regions, where the backlog of court orders owed by their respective direct and indirect administration corresponds to over 35% (thirty-five per cent) of the net current revenues; II – in the case of Municipalities:a) at least 1% (one per cent), for Municipalities of the North, Northeast, and Centre-West regions, or for those Municipalities where the backlog of court orders owed by their respective direct and indirect administration corresponds to up to 35% (thirty-five per cent) of the net current revenues; b) at least 1.5% (one whole and five tenths per cent), for Municipalities of the s outh and s outheast r egions, where the backlog of court orders owed by their respective direct and indirect administration corresponds to over 35% (thirty-five per cent) of the net current revenues. pa ragraph 3. fo r the purposes of this article, net current revenues mean the total sum of tax, industry, and agriculture miolo_constitution_versao_camara.indd 380 17/6/2010 15:01:18 Constitutional Amendments 381 revenues, property income, revenues from contributions and from services, current transfers, and other current revenues, including those deriving from pa ragraph 1 of ar ticle 20 of the fe deral co nstitution, such total sum being computed in the period including the reference month and the 11 (eleven) preceding months, excluding any double counting but at the same time deducting: i – in the case of the st ates, the portions remitted to the Municipalities as set forth by the Constitution; i i – in the case of the st ates, the fe deral di strict, and Municipalities, the contribution paid by respective employees to fund their own social security and social assistance system, as well as revenues deriving from the financial offsetting referred to in p aragraph 9 of a rticle 201 of the f ederal c onstitution. p aragraph 4. t he special accounts referred to in p aragraphs 1 and 2 shall be managed by the respective c ourt of Justice, for payment of judicial orders issued by courts. pa ragraph 5. th e funds deposited into the special accounts referred to in pa ragraphs 1 and 2 of this article may not be returned to the s tates, the f ederal d istrict, and Municipalities in debt. Paragraph 6. At least 50% (fifty per cent) of the funds referred to in p aragraphs 1 and 2 of this article shall be used to pay court orders according to their chronological order of submission, with due regard for the priorities defined in Paragraph 1 of Article 100 – in the case of court orders of one same year, and in p aragraph 2 – in the case of court orders of all years. Paragraph 7. If it is not possible to ascertain the chronological priority between 2 (two) court orders, the court order stating the smallest amount shall be paid first. pa ragraph 8. th e employment of the remaining funds shall depend on option to be effected by the st ates, the fe deral di strict, and Municipalities in debt, through an ex ecutive po wer act, in accordance with the following modes, which may be applied either separately or simultaneously: I – payment of court orders by means of auctions; ii – payment in cash of court orders not paid up under the terms of p aragraph 6 and of i tem i , in a single, increasing order of respective amounts; iii – payment through direct agreement with creditors, under the terms of law specific to each federating unit in debt, which may provide for the establishment and mode of operation of conciliation panels. miolo_constitution_versao_camara.indd 381 17/6/2010 15:01:18 Constitution of the Federative Republic of Brazil 382 paragraph 9. t he following shall apply to the auctions referred to in Item I of Paragraph 8 of this article: i – auctions shall be carried out through an electronic system managed by an entity authorized by the Brazilian Securities and Exchange Commission (CVM) or by the Central Bank of Brazil; ii – court orders – or a installment of a court order amount as designated by its holder – with respect to which no appeal or challenge of any nature whatsoever is pending within the Judicial Power shall be qualified to take part in an auction, whereas, at the initiative of the e xecutive p ower, it will be permitted to offset court-order debt payments against clear legal debits, either registered or not under debts in execution and attributed to the original debtor by the tr easury in debt up to the date of issuance of respective court order, save for those whose enforceability has been stayed under the terms of the law, or which have already been subject to deduction under the terms of Paragraph 9 of Article 100 of the Federal Constitution; i ii – auctions will be effected through public offer to all creditors qualified by the respective federating unit in debt; iv – any creditor who meets the requirements of i tem ii shall be considered automatically qualified; v – auctions shall be carried out as many times as necessary to meet the available amount; v i – inclusion of an installment of the total amount in an auction will be effected at the discretion of respective creditor, at an abatement in the amount of the installment; VII – auctions shall take the form of debt abatement, associated with the largest volume offered – either cumulated or not with the highest percentage of abatement, according to the highest percentage of abatement, in which case the maximum amount per creditor may be stipulated, or according to another criterion to be defined in a public call notice; v iii – the price formation mechanism shall be stated in the public call notices issued for each auction; IX – the payment in part of a court order shall be ratified by the court which issued said court order. pa ragraph 10. sh ould the funds referred to in it em i i of pa ragraph 1 and in pa ragraphs 2 and 6 of this article not be made available in due time: i – there shall be effected attachment of the relevant amount in the accounts belonging to the s tates, the f ederal d istrict, and Municipalities in debt, by order of the p residing Judge of the miolo_constitution_versao_camara.indd 382 17/6/2010 15:01:18 Constitutional Amendments 383 court referred to in p aragraph 4, up to the limit of the amount not made available; i i – there shall be established, as an alternative, by order of the pr esiding Judge of the relevant co urt, in favor of creditors of court orders, against the st ates, the fe deral di strict, and Municipalities in debt, a clear legal right – self-enforceable and irrespective of regulation – to automatic offsetting against clear debits attributed to said creditors by such debtors, whereas, there being a balance in favor of a creditor, such amount shall automatically be deductible from the taxes owed to the st ates, the fe deral District, and Municipalities in debt, up to the offsetting limits; iii – the head of respective e xecutive p ower shall be held liable under the terms of the legislation on fiscal responsibility and administrative dishonesty; iv – for as long as non-compliance prevails, the federating unit in debt: a) shall not be allowed to raise loans at home or abroad;b) shall not be entitled to receive voluntary transfers; v – the f ederal Government shall not effect the remittances regarding the re venue sh aring fu nd of the st ates and the fe deral di strict and the re venue sh aring fu nd of Municipalities, depositing them instead into the special accounts referred to in p aragraph 1 of this article, whereas the employment of such amounts must comply with p aragraph 5 of this article. pa ragraph 11. as regards a court order concerning several creditors in a joinder of parties, the court of origin of said court order may dismember the total amount per creditor, and each creditor may participate in an auction with the total amount such creditor is entitled to, the rule set forth in pa ragraph 3 of ar ticle 100 of the fe deral co nstitution not being applicable to such case. pa ragraph 12. sh ould the legislation referred to in pa ragraph 4 of a rticle 100 not be enacted within 180 (one hundred and eighty) days as from the date of enactment of co nstitutional am endment no. 62, the following amounts shall prevail for the relevant purposes, for the st ates, the fe deral di strict, and Municipalities in debt which have failed to regulate the matter: i – 40 (forty) monthly minimum wages in the case of s tates and the Federal District; i i – 30 (thirty) monthly minimum wages in the case of Municipalities. pa ragraph 13. du ring the period in which the st ates, the fe deral d istrict, and Municipalities in debt are effecting payment of court orders through the special regime, they may not be subject miolo_constitution_versao_camara.indd 383 17/6/2010 15:01:18 Constitution of the Federative Republic of Brazil 384 to attachment of amounts, except when the funds referred to in i tem ii of p aragraph 1 and in p aragraph 2 of this article are not made available in due time. p aragraph 14. t he special regime for payment of court orders set forth in i tem i of p aragraph 1 of this article shall be in force for as long as the amount of court-ordered debts is higher than the amount of funds earmarked under the terms of Paragraph 2 of this article, or for a fixed period of 15 (fifteen) years in the case of the option referred to in i tem ii of p aragraph 1. pa ragraph 15. co urt-ordered debts divided into installments under the terms of Article 33 or Article 78 of this Temporary co nstitutional pr ovisions ac t and whose payment is still pending shall be included in the special regime with the amount of all pending installments being updated, whereas the balance of any judicial and extrajudicial agreements shall also be included in the special regime. pa ragraph 16. as from the date co nstitutional am endment no. 62 is enacted, the amounts stated in court orders, up until effective payment, irrespective of their nature, shall be adjusted according to the official rate applied to savings accounts, whereas, for the purpose of compensation of delay in the payment, simple interest will be applied at the same percentage of interest applied to savings accounts, the employment of compensatory interest being excluded. Paragraph 17. While the special regime is in force, any amount in excess of the limit set forth in p aragraph 2 of a rticle 100 of the fe deral co nstitution shall be paid in accordance with pa ragraphs 6 and 7 or with Items I, II, and III of Paragraph 8 of this article, whereas the amounts used to meet the provision of p aragraph 2 of a rticle 100 of the f ederal c onstitution shall be computed for the purposes of p aragraph 6 of this article. Paragraph 18. While the special regime referred to in this article is in effect, the original holders of court orders who have reached the age of 60 (sixty) years old by the date of enactment of c onstitutional a mendment no. 62 shall also be entitled to the priority referred to in p aragraph 6.” ar ticle 3. T he payment regime created by Article 97 of the Temporary Constitutional p rovisions a ct shall be implemented within 90 (ninety days) as from the date of enactment of this c onstitutional a mendment no. 62. a rticle 4. a federating unit shall obey only the provisions of a rticle 100 of the Federal Constitution: i – in the case of option for the system set forth in i tem i of p aragraph 1 of