# Article 3 of the Constitution of Brazil

- Jurisdiction: Brazil (BR)
- Article: 3
- Chapter (as indexed): Chapter II: – Social
- Source document: Brazil Constitution
- Canonical (HTML): https://www.portablelaw.com/provision/8c78e70e-c251-44b2-852f-d6b520f00b52
- This document: https://www.portablelaw.com/provision/8c78e70e-c251-44b2-852f-d6b520f00b52/md
- Constitution: https://www.portablelaw.com/countries/561c3433-2160-4ca0-8e5a-8f5e9dbd522c

## Verbatim text

````
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.
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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
````

## What this means (mechanical reading aid, not legal advice)

- The index files this text under article 3 of the Constitution of Brazil.
- The index files it under the chapter heading “Chapter II: – Social”.
- The passage runs to about 5,128 words.
- Read plainly, it mentions assembly and association — it protects gathering together or joining a group, union or party (the words used: “associate”); it mentions property — it addresses property, possession, or taking property compulsorily (the words used: “property”); it mentions equality and non-discrimination — it requires equal treatment or forbids discrimination (the words used: “equality”); it mentions education — it concerns education, schooling or training (the words used: “education”); it mentions pay and pensions — it sets pay, salary, allowance or pension terms (the words used: “remuneration”); it mentions police powers — it sets out what the police or other security services may do (the words used: “police”).
- **Caveat:** The row’s stored title is a body fragment, not a heading (“paragraph 3 of a rticle 212 of the f ederal c onstitution shall henceforth”), so it is not used as the provision’s title here.
- **Caveat:** The index gives this passage an article number but stores a body fragment where a heading would be, so the number could not be cross-checked against the text. Check it against the official Constitution before relying on it in a citation.
- **Caveat:** This index row is a very long passage rather than a single provision. Treat any single section number as unverified.

> This is a mechanical reading aid generated from the text above by matching words in it. It is not legal advice, not a lawyer’s interpretation, and not a substitute for the provision itself.

## How to cite this

Constitution of Brazil, article 3, Portable Lawyer, https://www.portablelaw.com/provision/8c78e70e-c251-44b2-852f-d6b520f00b52 (accessed 27 September 2026).

## Related

- [Constitution of Brazil](https://www.portablelaw.com/countries/561c3433-2160-4ca0-8e5a-8f5e9dbd522c)
- [Brazil on Portable Lawyer](https://www.portablelaw.com/countries/561c3433-2160-4ca0-8e5a-8f5e9dbd522c)
- [HTML version of this provision](https://www.portablelaw.com/provision/8c78e70e-c251-44b2-852f-d6b520f00b52)
- [Machine-readable corpus digest](https://www.portablelaw.com/llms-full.txt)

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Portable Lawyer · Article 3 of the Constitution of Brazil (chapter: “Chapter II: – Social”). read as follows: “ a rticle 212. ............................................................................…