# Article 78 of the Constitution of Brazil

- Jurisdiction: Brazil (BR)
- Article: 78
- Chapter (as indexed): Chapter II: – Social
- Source document: Brazil Constitution
- Canonical (HTML): https://www.portablelaw.com/provision/a52a7d53-7d20-4eb6-8c1c-1683ddc3cf11
- This document: https://www.portablelaw.com/provision/a52a7d53-7d20-4eb6-8c1c-1683ddc3cf11/md
- Constitution: https://www.portablelaw.com/countries/561c3433-2160-4ca0-8e5a-8f5e9dbd522c

## Verbatim text

````
in a session of the n
ational c
ongress, pledging to maintain, defend and carry out the
Constitution, obey the laws, promote the general well-being of the Brazilian people,
sustain the union, the integrity and the independence of Brazil.
Sole paragraph.
i
n the event that, after ten days from the date scheduled for the
inauguration, the p
resident or the vice-
p
resident, except by reason of force majeure,
has not taken office, the office shall be declared vacant.
ar
ticle 79.
th
e vi
ce-pr
esident shall replace the pr
esident in the event of impediment
and shall succeed him in the event of vacancy.
Sole paragraph.
i
n addition to other duties attributed to him by a supplementary
law, the vice-
p
resident shall assist the p
resident whenever summoned by him for
special missions.
a
rticle 80.
i
n the event of impediment of the p
resident and of the vice-
p
resident,
or of vacancy of the respective offices, the President of the Chamber of Deputies, the
p
resident of the s
enate and the c
hief Justice of the s
upreme f
ederal c
ourt shall be
called successively to exercise the
p
residency.
a
rticle 81.
In
the event of vacancy of the offices of President and Vice-President
of the r
epublic, elections shall be held ninety days after the occurrence of the last
vacancy.
Paragraph 1.
If
the vacancy occurs during the last two years of the President’s
term of office, the National Congress shall hold elections for both offices thirty days
after the last vacancy, as established by law.
Paragraph 2.
In
any of the cases, those elected shall complete the term of office
of their predecessors.
a
rticle 82.
The
term of office of the President of the Republic is four years, and
it shall commence on January 1 of the year following the year of his election. (
ca
No. 16, 1997)
a
rticle 83.
t
he p
resident and the vice-
p
resident of the r
epublic may not, without
authorization from the National Congress, leave the country for a period of more than
fifteen days, subject to loss of office.
se
C
tion
ii
d
uties of the
p
resident of the
r
epublic
a
rticle 84.
The
President of the Republic shall have the exclusive power to: (CA
No. 23, 1999; CA No. 32, 2001)
I – appoint and dismiss the Ministers of State;
i
i
– exercise, with the assistance of the Ministers of st
ate, the higher
management of the federal administration;
iii
– start the legislative procedure, in the manner and in the cases set forth
in this Constitution;
miolo_constitution_versao_camara.indd   70 17/6/2010   15:01:02
The Organization of the Powers 71
iv – sanction, promulgate and order the publication of laws, as well as to issue
decrees and regulations for the true enforcement thereof;
V – veto bills, wholly or in part;
VI – provide for the following, by means of a decree: a) organization and operation of federal government services, whenever no
augmentation of expenditures or creation or abolishment of government
bodies is involved;
b) abolishment of public positions or posts, if vacant;
vii
– maintain relations with foreign s
tates and to accredit their diplomatic
representatives;
viii
– conclude international treaties, conventions and acts, ad referendum of
the National Congress;
IX – decree the state of defense and the state of siege;
X – decree and enforce federal intervention;X
i
– upon the opening of the legislative session, send a government message
and plan to the n
ational c
ongress, describing the state of the nation and requesting
the actions he deems necessary;
X
ii
– grant pardons and reduce sentences, after hearing the entities instituted
by law, if necessary;
X
iii
– exercise the supreme command of the a
rmed f
orces, to appoint the
Commanders of the Navy, the Army, and the Air Force, to promote general officers
and to appoint them to the offices held exclusively by them;
Xi
v
– appoint, after approval by the se
nate, the Justices of the su
preme
f
ederal c
ourt and those of the superior courts, the Governors of the territories, the
Attorney-General of the Republic, the President and the Directors of the Central Bank and other civil servants, when established by law;
XV – appoint, with due regard for the provisions of article 73, the Justices of
the Federal Audit Court;
XVI – appoint judges in the events established by this Constitution and the
Advocate-General of the Union;
X
vii
– appoint members of the c
ouncil of the r
epublic, in accordance with
article 89, VII;
X
viii
– call and preside over the c
ouncil of the r
epublic and the n
ational
Defense Council;
XIX – declare war, in the event of foreign aggression, authorized by the
National Congress or confirmed by it, whenever it occurs between legislative sessions and, under the same conditions, to decree full or partial national mobilization;
XX – make peace, authorized or confirmed by the National Congress;
XXI – award decorations and honorary distinctions;
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Constitution of the Federative Republic of Brazil 72
XXii – permit, in the cases set forth by supplementary law, foreign forces to
pass through the national territory
, or to remain temporarily therein;
XXi
ii
– submit to the na
tional co
ngress the pluriannual plan, the bill of
budgetary directives and the budget proposals set forth in this Constitution;
XX
iv
– render, each year, accounts to the n
ational c
ongress concerning the
previous fiscal year, within sixty days of the opening of the legislative session;
XXV – fill and abolish federal government positions, as set forth by law;
XX
vi
– issue provisional measures, with force of law, according to article
62;
XX
vii
– perform other duties set forth in this
c
onstitution.
Sole paragraph.  th
e pr
esident of the re
public may delegate the duties mentioned
in items VI, XII and XXV , first part, to the Ministers of State, to the Attorney-General
of the rep
ublic or to the ad
vocate-General of the un
ion, who shall observe the
limitations established in the respective delegations.
se
C
tion
iii
l
iability of the
p
resident of the
r
epublic
ar
ticle 85.
th
ose acts of the pr
esident of the re
public which attempt on the fe
deral
Constitution and especially on the following, are crimes of malversation:
I – the existence of the Union;
ii
– the free exercise of the
l
egislative
p
ower, the Judicial
p
ower, the
p
ublic
Prosecution and the constitutional Powers of the units of the Federation;
III – the exercise of political, individual and social rights;
IV – the internal security of the country;V – probity in the administration;VI – the budgetary law;
vii
– compliance with the laws and with court decisions.
Sole paragraph.  T
hese crimes shall be defined in a special law, which shall
establish the rules of procedure and trial.
a
rticle 86.
i
f charges against the p
resident of the r
epublic are accepted by two-
thirds of the c
hamber of d
eputies, he shall be submitted to trial before the s
upreme
f
ederal c
ourt for common criminal offenses or before the f
ederal s
enate for crimes
of malversation.
Paragraph 1.
The President shall be suspended from his functions:
i
– in common criminal offenses, if the accusation or the complaint is received
by the Federal Supreme Court;
ii
– in the event of crimes of malversation, after the proceeding is instituted
by the
f
ederal
s
enate.
miolo_constitution_versao_camara.indd   72 17/6/2010   15:01:02
The Organization of the Powers 73
paragraph 2.  if, after a period of one hundred and eighty days, the trial has not
been
concluded, the suspension of the President shall cease without prejudice to the
normal progress of the proceeding.
pa
ragraph 3.
in
the event of common offenses, the pr
esident of the re
public shall
not be subject to arrest as long as no sentence is rendered.
Paragraph 4.
During
his term of office, the President of the Republic may not be
held liable to acts outside the performance of his functions.
se
C
tion
i
V
t
he Ministers of
s
tate
a
rticle 87.
The
Ministers of State shall be chosen from among Brazilians over
twenty-one years of age and in possession of their political rights.
Sole paragraph.
t
he Minister of s
tate, in addition to other duties established in
this Constitution and in the law, has the power to:
i
– exercise guidance, coordination and supervision of the agencies and entities
of the federal administration in the area of his authority and to countersign acts and
decrees signed by the President of the Republic;
II – issue instructions for the enforcement of laws, decrees and regulations;
i
ii
– submit to the pr
esident of the re
public an annual report on his
administration of the Ministry;
iv
– perform the acts pertinent to the duties assigned or delegated to him by
the
p
resident of the
r
epublic.
a
rticle 88.
t
he law shall provide for the creation and abolishment of Ministries
and government bodies. (
ca
n
o. 32, 2001)
se
C
tion
V
t
he
c
ouncil of the
r
epublic and the
n
ational
d
efense
c
ouncil
subse
C
tion
i
t
he
c
ouncil of the
r
epublic
a
rticle 89.
t
he c
ouncil of the r
epublic is a higher body for consultation by the
President of the Republic, and its members are:
I – the Vice-President of the Republic;
II – the President of the Chamber of Deputies;III – the President of the Federal Senate;IV – the majority and the minority leaders in the Chamber of Deputies;V – the majority and the minority leaders in the Federal Senate;VI – the Minister of Justice;
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Constitution of the Federative Republic of Brazil 74
VII – six born Brazilian citizens, with over thirty-five years of age, two of
which appointed by the p
resident of the r
epublic, two elected by the f
ederal s
enate
and two elected by the Chamber of Deputies, all with a term of office of three years,
the re-appointment being prohibited.
a
rticle 90.
t
he c
ouncil of the r
epublic has the competence to express opinion
on:
I – federal intervention, state of defense and state of siege;
ii
– matters relevant to the stability of the democratic institutions.
pa
ragraph 1.
th
e pr
esident of the re
public may call a st
ate Minister to participate
in the c
ouncil meeting, when the agenda includes a matter related to the respective
Ministry.
Paragraph 2.
The
organization and operation of the Council of the Republic shall
be regulated by law.
subse
C
tion
ii
t
he
n
ational
d
efense
c
ouncil
ar
ticle 91.
th
e na
tional de
fense co
uncil is a consultation body of the pr
esident of
the re
public on matters related to national sovereignty and the defense of the democratic
state, and the following participate in it as natural members: (CA No. 23, 1999)
I – the Vice-President of the Republic;
II – the President of the Chamber of Deputies;III – the President of the Federal Senate;IV – the Minister of Justice;V – the Minister of Defense; VI – the Minister of External Relations;VII – the Minister of Planning;
viii
– the
c
ommanders of the
n
avy, the a
rmy, and the a
ir
f
orce.
Paragraph 1.
It is the competence of the National Defense Council:
I
– to express opinion in the event of declaration of war and making of peace,
as established in this Constitution;
ii
– to express opinion on the decreeing of state of defense, state of siege and
federal intervention;
iii
– to propose the criteria and conditions for the use of areas which are
indispensable to the security of the national territory and to express opinion on their
actual use, especially on the boundary zone and on those related to the preservation and exploitation of natural resources of any kind;
iv
– to study, propose and monitor the development of initiatives required to
guarantee national independence and the defense of the democratic state.
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The Organization of the Powers 75
Paragraph 2.  T he organization and the operation of the National Defense Council
shall be regulated by law.
CH
a
P
te
R
iii
t
he Judicial
p
ower
se
C
tion
i
General
p
rovisions
ar
ticle 92.  T
he following are the bodies of the Judicial Power: (CA No. 45,
2004)
I – the Supreme Federal Court;
I-A – the National Council of Justice; II – the Superior Court of Justice;III – the Federal Regional Courts and the Federal Judges;IV – the Labour Courts and Judges;V – the Electoral Courts and Judges;VI – the Military Courts and Judges;
vii
– the c
ourts and Judges of the states, of the f
ederal d
istrict and of the
territories.
p
aragraph 1.
t
he s
upreme f
ederal c
ourt, the n
ational c
ouncil of Justice, and
the
s
uperior
c
ourts have their seat in the
f
ederal
c
apital.
pa
ragraph 2.
th
e su
preme fe
deral co
urt and the su
perior co
urts have their
jurisdiction over the entire Brazilian territory.
a
rticle 93.
a
supplementary law, proposed by the s
upreme f
ederal c
ourt, shall
provide for the Statute of the Judicature, observing the following principles: (CA No.
19, 1998; CA No. 20, 1998; CA No. 45, 2004)
I – admission into the career, with the initial post of substitute judge, by means
of a civil service entrance examination of tests and presentation of academic and professional credentials, with the participation of the Brazilian Bar Association in all phases, at least three years of legal practice being required of holders of a
b
.
a
. in
law, and obeying the order of classification for appointments;
ii
– promotion from level to level, based on seniority and merit, alternately,
observing the following rules:
a) the promotion of a judge who has appeared in a merit list for three
consecutive times or for five alternate times is mandatory;
b) merit promotion requires two years in office in the respective level and
that the judge should appear in the top fifth part of the seniority list of such level, unless no one satisfying such requirements is willing to accept the vacant post;
miolo_constitution_versao_camara.indd   75 17/6/2010   15:01:03
Constitution of the Federative Republic of Brazil 76
c) appraisal of merit according to performance and to the objective criteria of
productivity and promptness in the exercise of the jurisdictional function
and according to attendance and achievement in official or recognized improvement courses;
d) in determining seniority, the court may only reject the judge with the longest
service by the justified vote of two-thirds of its members, according to a specific procedure, full defense being ensured, the voting being repeated until the selection is concluded;
e) promotion shall not be granted to a judge who unjustifiably withholds case
records beyond the legal deadline, and he may not return them to the court archives without providing the necessary disposition thereof or decision thereon;
iii
– access to the courts of second instance shall obey seniority and merit,
alternately, as determined at the last or single level;
IV – provision of official courses for preparation, improvement, and promotion
of judges, while the participation in an official course or in a course recognized by a national school for the education and further development of judges shall constitute a mandatory stage of the tenure acquisition process;
v
– the compensation of the Justices of the s
uperior c
ourts shall correspond
to ninety-five percent of the monthly compensation stipulated for the Justices of the Supreme Federal Court, and the compensation of the other judges shall be stipulated by law and distributed, at the federal and state levels, according to the respective categories of the national judiciary structure, and the difference between categories may not be higher than ten per cent or lower than five per cent, nor higher than ninety-five per cent of the monthly compensation of the Justices of the
s
uperior c
ourts, with due regard,
in any of the cases, for the provisions of articles 37, XI, and 39, paragraph 4;
VI – the retirement of judges as well as the granting of pensions for their
dependents shall comply with the provisions of article 40;
VII – a permanent judge shall reside in the respective judicial district, except
when otherwise authorized by the court;
viii
– the acts of removal, of placement on paid availability, and of retirement
of a judge, for public interest, shall be based on a decision by the vote of the absolute majority of the respective court or of the National Council of Justice, full defense being ensured;
VIII-A – the removal upon request or the exchange of judges of same-level
judicial districts shall obey, insofar as pertinent, the provisions of subitems a, b, c,
and e of item II;
IX – all judgements of the bodies of the Judicial Power shall be public, and all
decisions shall be justified, under penalty of nullity, but the law may limit attendance, in given acts, to the interested parties and to their lawyers, or only to the latter, whenever preservation of the right to privacy of the party interested in confidentiality will not harm the right of the public interest to information;
miolo_constitution_versao_camara.indd   76 17/6/2010   15:01:03
The Organization of the Powers 77
X – administrative decisions of courts shall be supported by a recital and shall
be made in open session, and disciplinary decisions shall be taken by the vote of the
absolute majority of their members;
XI – in courts with more than twenty-five judges, a special body may be
constituted, with a minimum of eleven and a maximum of twenty-five members, to exercise delegated administrative and jurisdictional duties which are under the powers of the full court, half of the positions being filled according to seniority and the other half through election by the full court;
X
i
i
– courts will operate continuously, without interruption, collective vacation
being forbidden for first instance judges and courts of second instance, and there must be judges on duty at all times on days in which courts are closed;
XIII – the number of judges in each court shall be proportional to the effective
judicial demand and to the respective population;
X
i
v
– court employees will receive delegation to carry out administrative acts
and acts aimed at the mere disposition of matters, without a decisional nature;
XV – proceedings will be assigned immediately upon filing, at all levels of
jurisdiction.
a
rticle 94.
One-fifth
of the seats of the Federal Regional Courts, of the Courts
of the s
tates, and of the f
ederal d
istrict and the territories
shall be occupied by
members of the Public Prosecution, with over ten years of office, and by lawyers of notable juridical learning and spotless reputation, with over ten years of effective professional activity, nominated in a list of six names by the entities representing the respective classes.
Sole paragraph.
U
pon receiving the nominations, the court shall organize a
list of three names and shall send it to the e
xecutive p
ower, which shall, within the
subsequent twenty days, select one of the listed names for appointment.
a
rticle 95.
Judges
enjoy the following guarantees: (CA No. 19, 1998; CA No. 45,
2004)
I – life tenure, which, at first instance, shall only be acquired after two years
in office, loss of office being dependent, during this period, on deliberation of the court to which the judge is subject, and, in other cases, on a final and unappealable judicial decision;
ii
– irremovability, save for reason of public interest, under the terms of article
93, VIII;
III – irreducibility of compensation, except for the provisions of articles 37,
X and X
i
, 39, paragraph 4, 150,
ii
, 153,
iii
, and 153, paragraph 2,
i
.
Sole paragraph.
Judges are forbidden to:
I
– hold, even when on paid availability, another office or position, except for
a teaching position;
ii
– receive, on any account or for any reason, court costs or participation in
a lawsuit;
miolo_constitution_versao_camara.indd   77 17/6/2010   15:01:03
Constitution of the Federative Republic of Brazil 78
III – engage in political or party activities;
IV – receive, on any account or for any reason, financial aid or contribution
from individuals, and from public or private institutions, save for the exceptions set
forth in law;
V – practice law in the court or tribunal on which they served as judges, for a
period of three years following their retirement or discharge.
a
rticle 96.  It is of the exclusive competence of: (CA
No. 41, 2003)
I – the courts:
a) to elect their directive bodies and to draw up their internal regulations, in
compliance with the rules of proceedings and the procedural guarantees of
the parties, and regulating the competence and the operation of the respective jurisdictional and administrative bodies;
b) to organize their secretariats and auxiliary services, as well as those of the
tribunals connected with them, guaranteeing the exercise of the respective inspection activities;
c) to fill, under the terms of this Constitution, offices of career judges within
their respective jurisdiction;
d) to propose the creation of new courts of first instance;
e) to fill, by means of a civil service entrance examination of tests, or of tests
and presentation of academic and professional credentials, according to
the provisions of article 169, sole paragraph
3, the offices required for the
administration of justice, except for the positions of trust as defined in law;
f) to grant leave, vacations and other absences to their members and to the
judges and employees who are immediately subordinated to them;
ii
– the s
upreme f
ederal c
ourt, the s
uperior c
ourts and the c
ourts of Justice,
to propose to the respective l
egislative p
ower, with due regard for the provisions
of article 169:
a) alteration in the number of members of the lower courts;
b) creation and abolishment of offices and the remuneration of the auxiliary
services and of the courts connected with them, as well as the establishment
of the compensation for their members and for the judges, including those of the lower courts, if existing;
c) creation or abolishment of lower courts;
d) alteration of the judicial organization and division;III – the Courts of Justice, to try judges of the states, of the Federal District
and of the
territories,
as well as members of the p
ublic p
rosecution, for common
crimes and crimes of malversation, except in those cases within the competency of
the
e
lectoral
c
ourts.
3 should read as “paragraph 1”, by virtue of the provisions of ca no. 19/1998.
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The Organization of the Powers 79
````

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

- The index files this text under article 78 of the Constitution of Brazil.
- The index files it under the chapter heading “Chapter II: – Social”.
- The passage runs to about 3,874 words.
- Read plainly, it mentions arrest and detention — it deals with arrest or detention, and the conditions attached to holding a person (the words used: “arrest”); it mentions privacy, search and seizure — it protects privacy or limits searching a person, their home or their communications (the words used: “privacy”); it mentions freedom of expression — it protects speaking, writing, publishing or holding an opinion (the words used: “opinion”); it mentions assembly and association — it protects gathering together or joining a group, union or party (the words used: “Association”); it mentions property — it addresses property, possession, or taking property compulsorily (the words used: “possession”); it mentions movement and residence — it concerns moving around, living where you choose, or leaving the country (the words used: “leave the country”).
- **Caveat:** The row’s stored title is a body fragment, not a heading (“The President and the Vice-President of the Republic shall take office”), 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 78, Portable Lawyer, https://www.portablelaw.com/provision/a52a7d53-7d20-4eb6-8c1c-1683ddc3cf11 (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/a52a7d53-7d20-4eb6-8c1c-1683ddc3cf11)
- [Machine-readable corpus digest](https://www.portablelaw.com/llms-full.txt)

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Portable Lawyer · Article 78 of the Constitution of Brazil (chapter: “Chapter II: – Social”). in a session of the n ational c ongress, pledging to maintain, defend and carry out the Constitution, obey the laws, promote the general well-being of the Brazilian people,…