Article 21 of the Constitution of Brazil

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, promulgate the following Amendment to the constitutional text: ar ticle 1. it em X i and subitem a of item X i i of article 21 of the fe deral co nstitution shall henceforth be in force with the following wording: “Article 21. The Union shall have the power to: .................................................................................................. XI – operate, directly or through authorization, concession or permission, the telecommunications services, as set forth by law, which law shall provide for the organization of the services, the establishment of a regulatory agency and other institutional issues; XII – operate, directly or through authorization, concession or permission: a) the services of sound broadcasting and of sound and image broadcasting; ................................................................................................ ” ar ticle 2. th e adoption of any pr ovisional Measure for the regulation of the matter set forth in item X i of article 21 with the wording given by this constitutional amendment is forbidden. b rasília, a ugust 15, 1995. THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Luís Eduardo, pr esident – Ronaldo Perim , fi rst vi ce-pr esident – Beto Mansur , se cond vi ce-pr esident – Wilson Campos, f irst s ecretary – Leopoldo Bessone, s econd s ecretary – Benedito Domingos, t hird s ecretary – João Henrique, f ourth s ecretary. THE DIRECTING BOARD OF THE FEDERAL SENATE: José Sarney, p resident – Teotonio Vilela Filho, f irst vice- p resident – Júlio Campos, s econd vice- p resident – Odacir Soares, f irst s ecretary – Renan Calheiros, s econd s ecretary – Levy Dias, t hird s ecretary – Ernandes Amorim, f ourth s ecretary. p ublished in the Official Journal , a ugust 16, 1995. miolo_constitution_versao_camara.indd 217 17/6/2010 15:01:10 Constitution of the Federative Republic of Brazil 218 Constitutional amen D ment n o. 9, 1995 Gives new wording to article 177 of the Federal Constitution, altering and inserting paragraphs. 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, promulgate the following Amendment to the constitutional text: a rticle 1. Paragraph 1 of article 177 of the Federal Constitution shall henceforth be in force with the following wording: “Article 177. ............................................................................ .................................................................................................. pa ragraph 1. th e un ion may contract with state-owned or with private enterprises for the execution of the activities provided for in items i through iv of this article, with due regard for the conditions set forth by law.” a rticle 2. a paragraph shall be included, to be numbered as paragraph 2, with the following wording, the present paragraph 2 becoming paragraph 3, in article 177 of the Federal Constitution: “Article 177. ............................................................................ .................................................................................................. p aragraph 2. t he law referred to in paragraph 1 shall provide for: i – a guarantee of supply of petroleum products in the whole national territory; II – the conditions of contracting; iii – the structure and duties of the regulatory agency of the monopoly of the u nion.” a rticle 3. t he issuing of any provisional measure for the regulation of the matter set forth in items I through IV and in paragraphs 1 and 2 of article 177 of the Federal c onstitution is forbidden. b rasília, n ovember 9, 1995. THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Luís Eduardo, pr esident – Ronaldo Perim , fi rst vi ce-pr esident – Beto Mansur , se cond vi ce-pr esident – Wilson Campos, f irst s ecretary – Leopoldo Bessone, s econd s ecretary – Benedito Domingos, t hird s ecretary – João Henrique, f ourth s ecretary. THE DIRECTING BOARD OF THE FEDERAL SENATE: José Sarney, p resident – Teotonio Vilela Filho , f irst vice- p resident – Júlio Campos, s econd vice- p resident miolo_constitution_versao_camara.indd 218 17/6/2010 15:01:10 Constitutional Amendments 219 – Odacir Soares, f irst s ecretary – Renan Calheiros, s econd s ecretary – Levy Dias, t hird s ecretary – Ernandes Amorim, f ourth s ecretary. p ublished in the Official Journal , n ovember 10, 1995. miolo_constitution_versao_camara.indd 219 17/6/2010 15:01:10 Constitution of the Federative Republic of Brazil 220 Constitutional amen D ment n o. 10, 1996 Alters articles 71 and 72 of the Temporary Constitutional Provisions Act, introduced by the Revision Constitutional Amendment no.1 of 1994. 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, promulgate the following Amendment to the constitutional text: ar ticle 1. A rticle 71 of the Temporary Constitutional Provisions Act shall henceforth be in force with the following wording: “Article 71. T he Emergency Social Fund is hereby instituted for the fiscal years of 1994 and 1995, as well as for the period from January 1, 1996 through June 30, 1997, aiming at the financial recuperation of the fe deral pu blic fi nances and the economic stabilization, the resources of which shall be applied primarily to the actions of the health and education systems, the welfare benefits and welfare assistance of permanent nature, including the payment of welfare debts and budgetary expenditures associated to programs of great economic and social interest. Paragraph 1. T he provision of the final part of item II of paragraph 9 of article 165 of the c onstitution shall not apply to the f und established by this article. pa ragraph 2. fr om the beginning of the 1996 fiscal year on, the f und established by this article shall be called f iscal Stabilization Fund. pa ragraph 3. th e ex ecutive po wer shall publish, on a bimonthly basis, a budget execution statement, which statement shall list the sources and applications of the fu nd established by this article.” ar ticle 2. A rticle 72 of the Temporary Constitutional Provisions Act shall henceforth be in force with the following wording: “Article 72. The Emer gency Social Fund is comprised of: i – ............................................................................................ ; ii – the part of the proceeds from the collection of the tax on income and earnings of any nature, and of the tax on credit, foreign exchange and insurance transactions, or transactions relating to bonds and securities, resulting from the changes generated by la w 8,894 of June 21, 1994, and by la ws 8,849 and 8,848, both dated January 28, 1994 and further modifications; miolo_constitution_versao_camara.indd 220 17/6/2010 15:01:10 Constitutional Amendments 221 iii – the part of the proceeds from the collection due to the i ncrease of the rate of welfare contribution on the profit of taxpayers mentioned in paragraph 1 of article 22 of l aw 8,212 of July 24, 1991, which, in the fiscal years of 1994 and 1995, as well as in the period from January 1, 1996 through June 30, 1997, shall be of 30 percent, subject to modification by ordinary law, the other stipulations of Law 7,689 of December 15, 1988 remaining unchanged; iv – twenty percent of the proceeds from the collection of all taxes and contributions to the u nion, already instituted or to be instituted, except those provided by items i , ii and iii , with due regard to the provisions of paragraphs 3 and 4; v – the part of the proceeds from the collection of the contribution mentioned in Supplementary Law 7, of September 7, 1970, owed by the juridical entities referred to in item III of this article, which will be calculated, in the fiscal years of 1994 and 1995, as well as in the period from January 1, 1996 through June 30, 1997, through the employment of a rate of seventy five hundredths of one percent, subject to modification by ordinary law, on the gross operating income, as defined in the legislation of income tax and earnings of any nature; and vi – ......................................................................................... p aragraph 1. ........................................................................... p aragraph 2. t he parts referred to in items i , ii , iii and v shall be previously deducted from the calculation base of any legal or constitutional designation or participation, and the provisions of articles 159, 212 and 239 of the c onstitution shall not apply to them. p aragraph 3. t he part referred to in item iv shall be previously deducted from the calculation base of any constitutional or legal designation or participation stipulated by articles 153, paragraph 5, 157, II, 212 and 239 of the Constitution. p aragraph 4. t he provision of the former paragraph shall not apply to the resources provided by articles 158, ii , and 159 of the c onstitution. pa ragraph 5. th e part of the resources originating from the tax on income and earnings of any nature, designated for the e mergency s ocial f und, as provided by item ii of this article, shall not exceed five and six-tenths of one percent of the total proceeds from its collection.” a rticle 3. t his c onstitutional a mendment shall come into force on the date of its publication. miolo_constitution_versao_camara.indd 221 17/6/2010 15:01:10 Constitution of the Federative Republic of Brazil 222 brasília, March 4, 1996. THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Luís Eduardo, pr esident – Ronaldo Perim , fi rst vi ce-pr esident – Beto Mansur , se cond vi ce-pr esident – Wilson Campos, f irst s ecretary – Leopoldo Bessone, s econd s ecretary – Benedito Domingos, t hird s ecretary – João Henrique, f ourth s ecretary. THE DIRECTING BOARD OF THE FEDERAL SENATE: José Sarney, p resident – Teotonio Vilela Filho , f irst vice- p resident – Júlio Campos, s econd vice- p resident – Odacir Soares, f irst s ecretary – Renan Calheiros, s econd s ecretary – Levy Dias, t hird s ecretary – Ernandes Amorim, f ourth s ecretary. p ublished in the Official Journal , March 7, 1996. miolo_constitution_versao_camara.indd 222 17/6/2010 15:01:10 Constitutional Amendments 223 Constitutional amen D ment n o. 11, 1996 Allows the hiring of foreign professors, technicians and scientists by the Brazilian universities and grants autonomy to the scientific and technological research institutions. 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, promulgate the following Amendment to the constitutional text: ar ticle 1. T wo paragraphs are added to article 207 of the Federal Constitution, with the following wording: “Article 207. ............................................................................ .................................................................................................. pa ragraph 1. th e universities are permitted to hire foreign professors, technicians and scientists as provided by law. Paragraph 2. The provisions of this article apply to scientific and technological research institutions.” a rticle 2. t his a mendment shall come into force on the date of its publication. b rasília, a pril 30, 1996. THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Luís Eduardo, pr esident – Ronaldo Perim , fi rst vi ce-pr esident – Beto Mansur , se cond vi ce-pr esident – Wilson Campos, f irst s ecretary – Leopoldo Bessone, s econd s ecretary – Benedito Domingos, t hird s ecretary – João Henrique, f ourth s ecretary. THE DIRECTING BOARD OF THE FEDERAL SENATE: José Sarney, p resident – Teotonio Vilela , fi rst vi ce-pr esident – Júlio Campos , se cond vi ce-pr esident – Odacir Soares , fi rst se cretary – Renan Calheiros , se cond se cretary – Levy Dias , th ird s ecretary – Ernandes Amorim, f ourth s ecretary. p ublished in the Official Journal , May 2, 1996. miolo_constitution_versao_camara.indd 223 17/6/2010 15:01:10 Constitution of the Federative Republic of Brazil 224 Constitutional amen D ment n o. 12, 1996 Grants competency to the Union to establish: provisional contribution on the movement or transmission of monies and of credits and rights of financial nature. th e di recting bo ards of the ch amber of de puties and of the fe deral se nate, promulgate, under the terms of paragraph 3 of article 60 of the f ederal c onstitution, the following Amendment to the constitutional text: s ole article. Article 74 is included in the Temporary Constitutional Provisions Act, with the following wording: “Article 74. The Union may establish provisional contribution on the movement or transmission of monies and of credits and rights of financial nature. pa ragraph 1. th e rate of the contribution mentioned in this article shall not exceed twenty-five hundredths of one percent, and the ex ecutive po wer may reduce it or reestablish it, in whole or in part, in the conditions and limits provided for by law. p aragraph 2. t he provisions of articles 153, paragraph 5, and 154, i , of the c onstitution shall not apply to the contribution mentioned in this article. p aragraph 3. t he whole of the proceeds from the collection of the contribution mentioned in this article shall be allocated to the National Health Foundation for the financing of health actions and services. pa ragraph 4. th e liability for the contribution mentioned in this article shall be governed by the provisions of article 195, paragraph 6, of the c onstitution, and it shall not be collected for longer than two years.” b rasília, a ugust 15, 1996. THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Luís Eduardo, pr esident – Ronaldo Perim , fi rst vi ce-pr esident – Beto Mansur , se cond vi ce-pr esident – Wilson Campos, f irst s ecretary – Leopoldo Bessone, s econd s ecretary – Benedito Domingos, t hird s ecretary – João Henrique, f ourth s ecretary. THE DIRECTING BOARD OF THE FEDERAL SENATE: José Sarney, p resident – Teotonio Vilela Filho , f irst vice- p resident – Júlio Campos, s econd vice- p resident – Odacir Soares, f irst s ecretary – Renan Calheiros, s econd s ecretary – Ernandes Amorim, f ourth s ecretary – Eduardo Suplicy , s ubstitute s ecretary. p ublished in the Official Journal , a ugust 16, 1996. miolo_constitution_versao_camara.indd 224 17/6/2010 15:01:10 Constitutional Amendments 225 Constitutional amen D ment n o. 13, 1996 Gives new wording to item II of article 192 of the Federal Constitution. 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, promulgate the following Amendment to the constitutional text: s ole article. i tem ii of article 192 of the f ederal c onstitution shall be in force with the following wording: “ a rticle 192. ............................................................................ I I – authorization and operation of insurance, reinsurance, social security and capitalization companies, as well as of the supervising agency;” b rasília, a ugust 21, 1996. THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Luís Eduardo, pr esident – Ronaldo Perim , fi rst vi ce-pr esident – Beto Mansur , se cond vi ce-pr esident – Wilson Campos, f irst s ecretary – Leopoldo Bessone, s econd s ecretary – Benedito Domingos, t hird s ecretary – João Henrique, f ourth s ecretary. THE DIRECTING BOARD OF THE FEDERAL SENATE: José Sarney, p resident – Teotonio Vilela Filho , f irst vice- p resident – Júlio Campos, s econd vice- p resident – Odacir Soares, f irst s ecretary – Renan Calheiros, s econd s ecretary – Ernandes Amorim, f ourth s ecretary – Eduardo Suplicy – s ubstitute s ecretary. p ublished in the Official Journal , a ugust 22, 1996. miolo_constitution_versao_camara.indd 225 17/6/2010 15:01:10 Constitution of the Federative Republic of Brazil 226 Constitutional amen D ment n o. 14, 1996 Alters articles 34, 208, 211 and 212 of the Federal Constitution and gives new wording to article 60 of the Temporary Constitutional Provisions Act. 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, promulgate the following Amendment to the constitutional text: a rticle 1. s ubitem e is added to item vii of article 34 of the f ederal c onstitution, with the following wording: “e) the application of the mandatory minimum of the income resulting from state taxes, including those originating from transfers, to the maintenance and development of education.” a rticle 2. n ew wording is given to items i and ii of article 208 of the f ederal Constitution, as follows: “ i – mandatory and free elementary education, including the assurance of its free offer to all those who did not have access to it at the proper age; II – progressive universalization of the free high-school education;” a rticle 3. n ew wording is given to paragraphs 1 and 2 of article 211 of the f ederal c onstitution, and two additional paragraphs are inserted in this article, to read as follows: “ a rticle 211. ............................................................................ .................................................................................................. Paragraph 1. The Union shall organize the federal educational system and that of the Territories, shall finance the federal public educational institutions and shall have, in educational matters, a redistributive and supplementary function, so as to guarantee the equalization of the educational opportunities and a minimum standard of quality of education, through technical and financial assistance to the States, the Federal District and the Municipalities. p aragraph 2. t he Municipalities shall act on a priority basis in elementary education and in the education of children. p aragraph 3. t he s tates and the f ederal d istrict shall act on a priority basis in elementary and secondary education. miolo_constitution_versao_camara.indd 226 17/6/2010 15:01:10 Constitutional Amendments 227 Paragraph 4. I n the organization of their educational systems, the st ates and Municipalities shall establish forms of cooperation, so as to guarantee the universalization of the mandatory education.” ar ticle 4. ne w wording is given to paragraph 5 of article 212 of the fe deral Constitution, as follows: “ p aragraph 5. t he public elementary education shall have, as an additional source of financing, the social contribution for education, collected from companies, as provided by law.” ar ticle 5. ar ticle 60 of the te mporary co nstitutional pr ovisions ac t is hereby altered and new paragraphs are inserted into it, with the article having the following wording: “Article 60. I n the first ten years after the promulgation of this am endment, the st ates, the fe deral di strict and the Municipalities shall allocate no less than 60% of the funds referred to in the head paragraph of article 212 of the f ederal co nstitution, to the maintenance and development of elementary education, aiming at the assurance of the universalization of the service and the payment of appropriate salaries to the teachers. p aragraph 1. t he distribution of responsibilities and resources between the st ates and their Municipalities, to be effected with part of the resources defined in this article, as set forth in article 211 of the f ederal c onstitution, is assured through the establishment, within each s tate and the f ederal d istrict, of a f und for the Maintenance and d evelopment of the e lementary Education and for the Increase of the Worth of the Teaching Profession, of a financial nature. p aragraph 2. t he f und referred to in the preceding paragraph shall be made up by, at least, fifteen percent of the resources referred to in articles 155, item II; 158, item IV; and 159, item i , subitems a and b; and item II, of the Federal Constitution, and shall be distributed among each s tate and its Municipalities, in proportion to the number of students in the respective elementary education networks. p aragraph 3. t he u nion shall supplement the resources of the f unds referred to in paragraph 1, whenever in each s tate and in the f ederal d istrict its value per student does not reach the nationally set minimum. p aragraph 4. t he u nion, the s tates, the f ederal d istrict and the Municipalities shall effect, during a period of five years, progressive adjustments of their contributions to the Fund, so miolo_constitution_versao_camara.indd 227 17/6/2010 15:01:10 Constitution of the Federative Republic of Brazil 228 as to guarantee a value per student corresponding to a minimum quality standard of education, defined at the national level. Paragraph 5. A share of not less than 60% of the resources of each f und referred to in paragraph 1 shall be used for the payment of elementary education teachers actually teaching. p aragraph 6. t he u nion shall apply never less than 30 percent of the resources referred to in the head paragraph of article 212 of the f ederal c onstitution to the eradication of illiteracy and to the maintenance and development of the elementary education, including the supplementation referred to in paragraph 3. Paragraph 7. The law shall provide for the organization of the fu nds, the proportional distribution of its resources, its oversight and control, as well as for the way to calculate the national minimum value per student.” ar ticle 6. th is am endment shall come into force on January 1 of the year subsequent to that of its promulgation. b rasília, s eptember 12, 1996. THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Luís Eduardo, pr esident – Ronaldo Perim , fi rst vi ce-pr esident – Beto Mansur , se cond vi ce-pr esident – Wilson Campos, f irst s ecretary – Leopoldo Bessone, s econd s ecretary – Benedito Domingos, t hird s ecretary – João Henrique, f ourth s ecretary. THE DIRECTING BOARD OF THE FEDERAL SENATE: José Sarney, p resident – Teotonio Vilela Filho , f irst vice- p resident – Júlio Campos, s econd vice- p resident – Odacir Soares, f irst s ecretary – Renan Calheiros, s econd s ecretary – Ernandes Amorim, f ourth s ecretary – Eduardo Suplicy , s ubstitute s ecretary. p ublished in the Official Journal , s eptember 13, 1996. miolo_constitution_versao_camara.indd 228 17/6/2010 15:01:10 Constitutional Amendments 229 Constitutional amen D ment n o. 15, 1996 Gives new wording to paragraph 4 of article 18 of the Federal Constitution. 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, promulgate the following Amendment to the constitutional text: s ole a rticle. p aragraph 4 of article 18 of the f ederal c onstitution shall henceforth be in force with the following wording: “ a rticle 18. .............................................................................. .................................................................................................. pa ragraph 4. th e establishment, merger, fusion and dismemberment of municipalities shall be effected through state law, within the period set forth by supplementary federal law, and shall depend on prior consultation, by means of a plebiscite, of the population of the municipalities concerned, after the publication of Municipal fe asibility st udies, presented and published as set forth by law.” b rasília, s eptember 12, 1996. THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Luís Eduardo, pr esident – Ronaldo Perim , fi rst vi ce-pr esident – Beto Mansur , se cond vi ce-pr esident – Wilson Campos, f irst s ecretary – Leopoldo Bessone, s econd s ecretary – Benedito Domingos, t hird s ecretary – João Henrique, f ourth s ecretary. THE DIRECTING BOARD OF THE FEDERAL SENATE: José Sarney, p resident – Teotonio Vilela Filho , f irst vice- p resident – Júlio Campos, s econd vice- p resident – Odacir Soares, f irst s ecretary – Renan Calheiros, s econd s ecretary – Ernandes Amorim, f ourth s ecretary – Eduardo Suplicy , s ubstitute s ecretary. p ublished in the Official Journal , s eptember 13, 1996. miolo_constitution_versao_camara.indd 229 17/6/2010 15:01:10 Constitution of the Federative Republic of Brazil 230 Constitutional amen D ment n o. 16, 1997 Gives new wording to paragraph 5 of article 14, to the head paragraph of article 28, to item II of article 29, to the head paragraph of article 77, and to article 82 of the Federal Constitution. 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, promulgate the following Amendment to the constitutional text: a rticle 1. p aragraph 5 of article 14, the head paragraph of article 28, item ii of article 29, the head paragraph of article 77, and article 82 of the Federal Constitution shall henceforth be in force with the following wording: “ a rticle 14. .............................................................................. .................................................................................................. pa ragraph 5. th e pr esident of the re public, the st ate and fed eral dis trict Governors, the Mayors and those who have succeeded or replaced them during their terms of office may be reelected for only one subsequent term. ................................................................................................ ”“ ar ticle 28. th e election of the Governor and the vi ce-Governor of a state, for a term of office of four years, shall be held 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 term of office of their predecessors ends, and they shall take office on January 1 of the following year, in accordance, otherwise, with the provisions of article 77. ................................................................................................ ” “ a rticle 29. .............................................................................. .................................................................................................. II – election of the Mayor and Vice-Mayor on the first Sunday of October of the year preceding the end of the term of office of those they are to succeed, subject, in the case of municipalities with over two hundred thousand voters, to the provisions set forth in article 77. ................................................................................................ ”“Article 77. T he election of the President and Vice-President of the Republic shall take place simultaneously, on the first Sunday of October, in the first round, and on the last Sunday of October, miolo_constitution_versao_camara.indd 230 17/6/2010 15:01:10 Constitutional Amendments 231 in the second round, as the case may be, of the year preceding the one in which the current presidential term of office ends. ................................................................................................ ”“Article 82. T he 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.” a rticle 2. t his c onstitutional a mendment shall come into force on the date of its publication. Brasília, June 4, 1997.THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Michel Temer, p resident – Heráclito Fortes, f irst vice- p resident – Severino Cavalcanti , s econd vice- p resident – Ubiratan Aguiar, f irst s ecretary – Nelson Trad, s econd s ecretary – Efraim Morais, f ourth s ecretary. THE DIRECTING BOARD OF THE FEDERAL SENATE: Antonio Carlos Magalhães, p resident – Geraldo Melo, f irst vice- p resident – Ronaldo Cunha Lima, fi rst se cretary – Carlos Patrocínio , se cond se cretary – Flaviano Melo , th ird s ecretary – Lucídio Portella , f ourth s ecretary. p ublished in the Official Journal , June 5, 1997. miolo_constitution_versao_camara.indd 231 17/6/2010 15:01:10 Constitution of the Federative Republic of Brazil 232 Constitutional amen D ment n o. 17, 1997 Alters provisions of articles 71 and 72 of the Temporary Constitutional Provisions Act, introduced by the Revision Constitutional Amendment no. 1 of 1994. 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, promulgate the following Amendment to the constitutional text: ar ticle 1. T he head paragraph of article 71 of the Temporary Constitutional Provisions Act shall henceforth be in force with the following wording: “Article 71. The Emergency Social Fund is hereby instituted for the fiscal years of 1994 and 1995, as well as for the periods from January 1, 1996 through June 30, 1997, and from July 1, 1997 through December 31, 1999, aiming at the financial recuperation of the f ederal p ublic f inances and the economic stabilization, the resources of which shall be applied primarily to the actions of the health and education systems, including the supplementation of resources set forth in paragraph 3 of article 60, of the temporary c onstitutional p rovisions a ct, the welfare benefits and welfare assistance of a permanent nature, including the payment of welfare debts and budgetary expenditures associated to programs of great economic and social interest.” a rticle 2. Item V of article 72, of the Temporary Constitutional Provisions Act, shall henceforth be in force with the following wording: “v – the part of the proceeds from the collection of the contribution mentioned in Supplementary Law no. 7, of September 7, 1970, owed by the juridical entities referred to in item III of this article, which will be calculated, in the fiscal years of 1994 and 1995, as well as in the periods from January 1, 1996 through June 30, 1997, and from July 1, 1997 through December 31, 1999, through the employment of a rate of seventy-five hundredths of one percent, subject to modification by subsequent ordinary law, on the gross operating income, as defined in the legislation of income tax and earnings of any nature;” a rticle 3. t he u nion shall remit to the Municipalities, out of the proceeds from the collection of the tax on i ncome and e arnings of a ny n ature, as stipulated for the formation of the funds set forth in item i of article 159, of the c onstitution, excluding the part mentioned in item I of article 72, of the Temporary Constitutional Provisions Act, the following percentages: miolo_constitution_versao_camara.indd 232 17/6/2010 15:01:10 Constitutional Amendments 233 I – one and fifty-six hundredths of one per cent, in the period from July 1, 1997 through December 31, 1997; II – one and eight hundred and seventy-five thousandths of one per cent, in the period from January 1, 1998 through December 31, 1998; and iii – two and a half of one per cent, in the period from January 1, 1999 through d ecember 31, 1999. Sole paragraph. t he remittance of funds established in this article shall comply with the same periodic intervals and the same sharing criteria and rules adopted in the r evenue s haring f und of the Municipalities, with due regard for the provision of article 160 of the c onstitution. a rticle 4. The effects of the provisions of articles 71 and 72 of the Temporary c onstitutional p rovisions a ct, with the wording determined by articles 1 and 2 of this Amendment, shall be retroactive to July 1, 1997. Sole paragraph. The portions of funds assigned to the Fiscal Stabilization Fund and remitted according to article 159, item i , of the c onstitution, in the period from July 1, 1997, to the date of promulgation of this Amendment, shall be deducted from the subsequent quotas, the deduction being limited to one tenth of the total amount remitted each month. a rticle 5. t he u nion shall apply the provisions of article 3 of this a mendment retroactively as of July 1, 1997, with due regard for the provisions of the previous article. a rticle 6. t his c onstitutional a mendment shall come into force on the date of its publication. Brasília, November 22, 1997.THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Michel Temer, p resident – Heráclito Fortes, f irst vice- p resident – Severino Cavalcanti , s econd vice- p resident – Ubiratan Aguiar, f irst s ecretary – Nelson Trad, s econd s ecretary – Paulo Paim, t hird s ecretary – Efraim Morais, f ourth s ecretary. THE DIRECTING BOARD OF THE FEDERAL SENATE: Antonio Carlos Magalhães, p resident – Geraldo Melo, f irst vice- p resident – Júnia Marise, s econd vice- p resident – Ronaldo Cunha Lima, f irst s ecretary – Carlos Patrocínio , s econd s ecretary – Flaviano Melo , t hird s ecretary. p ublished in the Official Journal , November 25, 1997. miolo_constitution_versao_camara.indd 233 17/6/2010 15:01:10 Constitution of the Federative Republic of Brazil 234 Constitutional amen D ment n o. 18, 1998 Establishes the constitutional rules for the military. 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, promulgate the following Amendment to the constitutional text: a rticle 1. Item XV of article 37 of the Federal Constitution shall henceforth be in force with the following wording: “Article 37. .............................................................................. .................................................................................................. Xv – the salaries of government employees may not be reduced, and their remuneration shall comply with the provisions of article 37, XI and XII, 150, II, 153, III and paragraph 2, I; ................................................................................................ ” a rticle 2. s ection i i, of ch apter vi i, of ti tle i ii of the co nstitution shall henceforth be entitled “Government e mployees”, and s ection iii , of c hapter vii , of title iii of the f ederal c onstitution shall henceforth be entitled “ t he Military of the s tates, of the f ederal d istrict and of the territories”, and article 42 shall have the following wording: “ a rticle 42. t he members of the Military p olice and of the Military Fire Brigades, institutions whose organization is based on hierarchy and discipline, are military of the s tates, of the f ederal d istrict and of the territories. P aragraph 1. T he provisions of article 14, paragraph 8; article 40, paragraph 3; and of article 142, paragraphs 2 and 3 apply to the military of the st ates, of the fe deral di strict and of the te rritories, in addition to other provisions that the law may establish, it being incumbent upon specific state legislation to provide for the matters of article 142, paragraph 3, item X, the ranks of the officers being awarded by the respective State Governors. p aragraph 2. t he provisions of article 40, paragraphs 4 and 5 apply to the military of the s tates, of the f ederal d istrict and of the territories , and to their pensioners, and the provision of article 40, paragraph 6 applies to the military of the f ederal d istrict and of the territories.” a rticle 3. i tem ii of paragraph 1 of article 61 of the c onstitution shall henceforth be in force with the following alterations: “ a rticle 61. .............................................................................. miolo_constitution_versao_camara.indd 234 17/6/2010 15:01:11 Constitutional Amendments 235 paragraph 1. ........................................................................... ii – ........................................................................................... c ) government employees of the un ion and te rritories, their legal statute, appointment to offices, tenure and retirement; ..................................................................................................f) military of the a rmed f orces, their legal statute, appointment to offices, promotions, tenure, remuneration, retirement, and transfer to the reserve.” ar ticle 4. th e following paragraph 3 shall be added to article 142 of the Constitution: “ a rticle 142. ............................................................................ .................................................................................................. pa ragraph 3. th e members of the ar med fo rces are called military, and the following provisions apply to them, in addition to other provisions that the law may establish: I – the ranks, with the prerogatives, rights and duties inherent to them, are awarded by the p resident of the r epublic and are guaranteed in full to officers in active service, those of the reserve or in retirement, and such officers have exclusive rights to military titles and posts, and, together with the other members, to the use of the uniforms of the Armed Forces; II – a military in active service who takes office in a permanent civil public position or job shall be transferred to the reserve, under the terms of the law; i ii – a military in active service who, under the terms of the law, takes office in a non-elective, temporary civil public position, job or function, even if in the indirect administration, shall be put on leave and, as long as he remains in this situation he may only be promoted by seniority, and his period of service shall be counted only for that promotion and for transfer to the reserve, and after two years, whether continuous or not, away from active service, he shall be transferred to the reserve, under the terms of the law; IV – the military are forbidden to join unions and to strike; v – while in actual service, the military are forbidden to belong to political parties;VI – an officer shall only lose his post and rank if he is judged unworthy of or incompatible with the dignity of officership by decision of a permanent military court, in times of peace, or of a special court, in times of war; VII – an officer sentenced in a common or military court by means of an unappealable judgment to imprisonment for more miolo_constitution_versao_camara.indd 235 17/6/2010 15:01:11 Constitution of the Federative Republic of Brazil 236 than two years shall be submitted to trial as provided in the preceding item; VIII – the provisions of article 7, items VIII, XII, XVII, XVIII, XIX and XXV , and of article 37, items XI, XIII, XIV and XV , apply to the military; i X – the provisions of article 40, paragraphs 4, 5 and 6 apply to the military and to their pensioners; X – the law shall provide for admission to the a rmed f orces, age limits, tenure, and other conditions for a military to be retired, the rights, duties, remuneration, prerogatives and other circumstances which are specific to the military, the special characteristics of their activities being taken into account, including those carried out by virtue of international agreements and of war.” a rticle 5. t his c onstitutional a mendment shall come into force on the date of its publication. b rasília, f ebruary 5, 1998. THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Michel Temer, p resident – Heráclito Fortes, f irst vice- p resident – Severino Cavalcanti , s econd vice- p resident – Ubiratan Aguiar, f irst s ecretary – Nelson Trad, s econd s ecretary – Paulo Paim, t hird s ecretary – Efraim Morais, f ourth s ecretary. THE DIRECTING BOARD OF THE FEDERAL SENATE: Antonio Carlos Magalhães, p resident – Geraldo Melo, f irst vice- p resident – Júnia Marise, s econd vice- p resident – Ronaldo Cunha Lima, f irst s ecretary – Carlos Patrocínio , s econd s ecretary – Flaviano Melo , t hird s ecretary – Lucídio Portella , f ourth s ecretary. p ublished in the Official Journal , f ebruary 6, 1998. miolo_constitution_versao_camara.indd 236 17/6/2010 15:01:11 Constitutional Amendments 237 Constitutional amen D ment n o. 19, 1998 Alters the regime of and provides for the principles and rules of Government Services, employees and political agents, the control of expenditures and government finance, and the financing of activities incumbent upon the Federal District, and makes other provisions. 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, promulgate the following Amendment to the constitutional text: a rticle 1. i tems X iv and XX ii of article 21, and item XX vii of article 22 of the Federal Constitution shall henceforth read as follows: “Article 21. The Union shall have the power to: ..................................................................................................XIV – organize and maintain the plainclothes police, the uniformed police force, and the uniformed fire brigade of the Federal District, as well as to provide financial support to the f ederal d istrict for the carrying out of public services by means of a specific fund; ..................................................................................................XX ii – perform the services of maritime, airport, and border police;................................................................................................ ”“ ar ticle 22. th e un ion has the exclusive power to legislate on:..................................................................................................XX vii – general rules for all types of bidding and contracting, for governmental entities, associate government agencies, and foundations of the u nion, the s tates, the f ederal d istrict, and the Municipalities, in accordance with article 37, XXI, and for public enterprises and joint stock companies, under the terms of article 173, paragraph 1, III; ................................................................................................ ” a rticle 2. Paragraph 2 of article 27, and items V and VI of article 29 of the Federal c onstitution shall henceforth read as follows, with a paragraph 2 being inserted in article 28, and the current sole paragraph being renumbered as paragraph 1: “Article 27. .............................................................................. miolo_constitution_versao_camara.indd 237 17/6/2010 15:01:11 Constitution of the Federative Republic of Brazil 238 .................................................................................................. pa ragraph 2. th e compensation of st ate de puties shall be established by an act of the s tate l egislative a ssembly, in the proportion of seventy-five percent, at most, of the compensation established, in legal tender, for f ederal d eputies, as provided by articles 39, paragraph 4, 57, paragraph 7, 150, II, 153, III, and 153, paragraph 2, i . ................................................................................................ ” “ a rticle 28. .............................................................................. ..................................................................................................Paragraph 1. The Governor who takes another post or function in governmental entities or entities owned by the Government shall lose his office, with the exception of the taking of office by virtue of a public sector entrance examination, and with due regard for the provisions in article 38, i , iv, and v. pa ragraph 2. th e compensation of the Governor, the vi ce- Governor, and of the st ate ca binet Members shall be established by an act of the st ate le gislative as sembly, as provided by articles 37, XI, 39, paragraph 4, 150, II, 153, III, and 153, paragraph 2, I.” “ a rticle 29. .............................................................................. .................................................................................................. v – compensation of the Mayor, the vice-Mayor , and the l ocal c abinet Members established by an act of the town c ouncil, as provided by articles 37, XI, 39, paragraph 4, 150, II, 153, III, and 153, paragraph 2, I; v i – compensation of lo cal co uncilmen established by an act of the Town Council, in the proportion of seventy-five percent, at most, of the compensation established, in legal tender, for s tate Deputies, as provided by articles 39, paragraph 4, 57, paragraph 7, 150, II, 153, III, and 153, paragraph 2, I; ................................................................................................ ” a rticle 3. t he head paragraph, items i , ii , v, vii , X, X i , X iii , X iv, X v, X vi , X vii , and XIX, and paragraph 3 of article 37 of the Federal Constitution shall henceforth read as follows, paragraphs 7 through 9 being added to the said article: “Article 37. The governmental entities and entities owned by the Government in any of the powers of the un ion, the states, the f ederal d istrict and the Municipalities shall obey the principles of lawfulness, impersonality, morality, publicity, and efficiency, and also the following: I – public offices, positions and functions are accessible to all Brazilians who meet the requirements established by law, as well as to foreigners, under the terms of the law; miolo_constitution_versao_camara.indd 238 17/6/2010 15:01:11 Constitutional Amendments 239 II – investiture in a public office or position depends on previously passing an entrance examination consisting of tests or tests and presentation of academic and professional credentials, according to the nature and the complexity of the office or position, as provided by law, except for appointment to a commission office declared by law as being of free appointment and discharge; .................................................................................................. v – positions of trust, exercised exclusively by public employees holding an effective post, and commission offices, to be exercised by career employees in the cases, under the conditions and within the minimum percentages established in law, are reserved exclusively for the duties of directors, chiefs of staff, and assistants; ..................................................................................................VII – the right to strike shall be exercised in the manner and within the limits defined by a specific law; ..................................................................................................X – the remuneration of Government employees and the compensation referred to in paragraph 4 of article 39 may only be established or altered by means of a specific law, with due regard for the exclusive capacity to introduce a law in each case, an annual general review being ensured, always on the same date and without distinction between the indices; X i – the remuneration and the compensation of the holders of public offices, functions and positions in governmental entities, associate government agencies, and in foundations; of the members of any of the p owers of the u nion, of the s tates, the Federal District, and the Municipalities; of the holders of elective offices, and of any other political agent, as well as the pay, pension, or other type of remuneration, earned on a cumulative basis or not, including advantages of a personal nature or of any other nature, may not be higher than the monthly compensation, in legal tender, of the Justices of the Supreme Federal Court; ..................................................................................................XIII – the linkage or equalization of any type of pay for purposes of the remuneration of the personnel in the public services is forbidden; X i v – the pecuniary raises received by a government employee shall not be computed or accumulated for purposes of granting subsequent raises; X v – the compensation and the salaries of holders of public offices and positions may not be reduced, except for the miolo_constitution_versao_camara.indd 239 17/6/2010 15:01:11 Constitution of the Federative Republic of Brazil 240 provisions of items X i and X iv of this article and of articles 39, paragraph 4, 150, II, 153, III, and 153, paragraph 2, I; XVI – remunerated accumulation of public offices is forbidden, except, when there is compatibility of working hours, and with due regard, in any instance, for the provision of item XI: a) of two teaching positions;b) of one teaching position with another technical or scientific position; c) of two exclusively medical positions;X v ii – the prohibition to accumulate extends to positions and functions and includes associate government agencies, foundations, public enterprises, joint stock companies, their subsidiary companies, and companies controlled either directly or indirectly by the Government; ..................................................................................................X i X – the creation of an associate Government agency and the establishment of a public enterprise, a joint stock company, and a foundation may only take place by means of a specific law, and, in the latter case, a supplementary law shall specify the areas of operation; .................................................................................................. p aragraph 3. t he law shall regulate the forms of participation of users in governmental entities and in entities owned by the Government, especially as regards: i – claims relating to the rendering of public services in general, the provision of user services being ensured, as well as periodical assessment, both external and internal, of the quality of services; i i – the access of users to administrative records and to information about Government initiatives, with due regard for article 5, items X and XXXIII; iii – the rules of a complaint against negligence or abuse in the exercise of an office, position or function in government services. .................................................................................................. Paragraph 7. T he law shall establish the requirements and restrictions regarding the holder of an office or position, in governmental entities and entities owned by the government, which provides access to inside information. Paragraph 8. T he managerial, budgetary and financial autonomy of governmental agencies and entities, as well as of entities miolo_constitution_versao_camara.indd 240 17/6/2010 15:01:11 Constitutional Amendments 241 owned by the Government, may be extended by means of a contract, to be entered into by their administrators and the Government, with a view to the establishment of performance goals for the agency or entity, and the law shall provide for: I – the term of the contract; ii – the controls and criteria for the appraisal of performance, rights, duties, and liability of managing officers; iii – the remuneration of the employees. p aragraph 9. t he provision of item X i applies to the public enterprises and to joint stock companies and their subsidiary companies which receive funds from the un ion, the st ates, the f ederal d istrict, or the Municipalities for the payment of personnel expenditures or of general expenses.” ar ticle 4. th e head paragraph of article 38 of the fe deral co nstitution shall henceforth read as follows: “ a rticle 38. t he following provisions are applicable to public employees holding elective offices in a governmental entity, an associate government agency, and a foundation: ................................................................................................ ” a rticle 5. Article 39 of the Federal Constitution shall henceforth read as follows: “ar ticle 39. th e un ion, the st ates, the fe deral di strict and the Municipalities shall institute a board of administration policy and personnel remuneration policy, composed of public employees appointed by the respective b ranches. pa ragraph 1. th e stipulation of pay levels and of other components of the remuneration system shall comply with: i – the nature, the level of responsibility, and the complexity of the posts of each career; II – the requirements for investiture;III – the specific characteristics of each post. p aragraph 2. t he u nion, the s tates, and the f ederal d istrict shall establish government schools for the education and further development of public employees, and participation in such courses shall be one of the requirements for promotion in the career, the signing of agreements or contracts among federated units being therefore allowed. Paragraph 3. The provisions of article 7, IV , VII, VIII, IX, XII, X iii , X v, X vi , X vii , X viii , X i X, XX, XX ii , and XXX shall apply to employees holding public offices, and the law may stipulate differentiated requirements for admission when the nature of the office so demands. miolo_constitution_versao_camara.indd 241 17/6/2010 15:01:11 Constitution of the Federative Republic of Brazil 242 pa ragraph 4. a member of one of the br anches, the holder of an elective office, the Ministers of State, and the members of State and l ocal c abinets shall be remunerated exclusively by means of a compensation consisting of one sole item, the addition of any extra benefit, additional pay, bonus, award, representation allowance, or other type of remuneration being forbidden, with due regard, in any of the cases, for the provisions of article 37, X and X i . pa ragraph 5. th e legislation of the un ion, the st ates, the fe deral d istrict, and the Municipalities may establish the proportion between the highest and the lowest remuneration of public employees, with due regard, in any of the cases, for the provision of article 37, XI. p aragraph 6. t he e xecutive, l egislative and Judicial b ranches shall publish the amounts of the compensation and of the remuneration of public offices and positions each year. Paragraph 7. T he legislation of the Union, the States, the Federal District, and the Municipalities shall regulate the utilization of the budgetary funds deriving from savings in current expenditures in each agency, associate government agency and foundation, to be used in the development of programs of quality and productivity, training and development, modernization, re-equipping and rationalization of public services, including as additional pay or productivity award. Paragraph 8. T he remuneration of public employees organized in a career may be established under the terms of paragraph 4.” a rticle 6. Article 41 of the Federal Constitution shall henceforth read as follows: “ar ticle 41. se rvants who, by virtue of public entrance examinations, are appointed to effective posts, acquire tenure after three years of actual service. pa ragraph 1. a tenured public employee shall only lose his office: I – by virtue of a final and unappealable judicial decision; ii – by means of an administrative proceeding, in which he is assured of ample defense; i ii – by means of a procedure of periodical appraisal of performance, under the terms of a supplementary law, ample defense being assured. p aragraph 2. i f the dismissal of a tenured public employee is voided by a judicial decision, he shall be reinstated, and the occupant of the vacancy, when tenured, shall be led back to his original office, with no right to indemnity, taken to another office miolo_constitution_versao_camara.indd 242 17/6/2010 15:01:11 Constitutional Amendments 243 or placed on paid availability with a remuneration proportional to his length of employment. Paragraph 3. If the office is declared extinct or unnecessary, a tenured public employee shall remain on availability, with a remuneration proportional to his length of employment, until he is adequately placed in another office. pa ragraph 4. as a requirement to acquire tenure, a special appraisal of performance by a committee created for this purpose is mandatory.” ar ticle 7. ar ticle 48 of the fe deral co nstitution shall henceforth include the following item XV: “ a rticle 48. t he n ational c ongress shall have the power, with the sanction of the p resident of the r epublic, which shall not be required for the matters specified in articles 49, 51 and 52, to provide for all the matters within the competence of the u nion and especially on: ..................................................................................................X v – stipulation of the compensation for the Justices of the Supreme Federal Court, by means of a law introduced jointly by the p residents of the r epublic, the c hamber of d eputies, the f ederal s enate, and the s upreme f ederal c ourt, with due regard for articles 39, paragraph 4, 150, ii , 153, iii , and 153, paragraph 2, i .” ar ticle 8. it ems v ii and v iii of article 49 of the fe deral co nstitution shall henceforth read as follows: “ a rticle 49. i t is exclusively the competence of the n ational Congress: .................................................................................................. vii – to establish identical compensation for f ederal d eputies and Senators, taking into account the provisions of articles 37, XI, 39, paragraph 4, 150, II, 153, III, and 153, paragraph 2, I; viii – to establish the compensation of the p resident and the vice- p resident of the r epublic and of the Ministers of s tate, taking into account the provisions of articles 37, XI, 39, paragraph 4, 150, II, 153, III, and 153, paragraph 2, I; ................................................................................................ ” a rticle 9. i tem iv of article 51 of the f ederal c onstitution shall henceforth read as follows: “ a rticle 51. i t is exclusively the competence of the c hamber of Deputies: miolo_constitution_versao_camara.indd 243 17/6/2010 15:01:11 Constitution of the Federative Republic of Brazil 244 .................................................................................................. IV – to provide for its organization, functioning, police, creation, change or abolishment of offices, positions and functions of its services, and the introduction of a law for the establishment of their respective remuneration, taking into account the guidelines set forth in the law of budgetary directives; ................................................................................................ ” a rticle 10. i tem X iii of article 52 of the f ederal c onstitution shall henceforth read as follows: “ar ticle 52. it is exclusively the competence of the fe deral Senate: ..................................................................................................XIII – to provide for its organization, functioning, police, creation, change or abolishment of offices, positions and functions of its services, and the introduction of a law for the establishment of their respective remuneration, taking into account the guidelines set forth in the law of budgetary directives; ................................................................................................ ” a rticle 11. Paragraph 7 of article 57 of the Federal Constitution shall henceforth read as follows: “Article 57. .............................................................................. P aragraph 7. I n a special legislative session, the National c ongress shall deliberate only upon the matter for which it was called, the payment of a compensatory amount in excess of the monthly compensation being forbidden.” ar ticle 12. T he sole paragraph of article 70 of the Federal Constitution shall henceforth read as follows: “Article 70. .............................................................................. 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.” a rticle 13. i tem v of article 93, item iii of article 95, and subitem b of item ii of article 96, of the Federal Constitution, shall henceforth read as follows: “ a rticle 93. .............................................................................. .................................................................................................. v – the compensation of the Justices of the su perior co urts shall correspond to ninety-five percent of the monthly compensation miolo_constitution_versao_camara.indd 244 17/6/2010 15:01:11 Constitutional Amendments 245 stipulated for the Justices of the s upreme f ederal c ourt, 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 su perior c ourts, with due regard, in any of the cases, for the provisions of articles 37, XI, and 39, paragraph 4; ................................................................................................ ”“Article 95. Judges enjoy the following guarantees:.................................................................................................. iii – irreducibility of compensation, except for the provisions of articles 37, X and XI, 39, paragraph 4, 150, II, 153, III, and 153, paragraph 2, i . ................................................................................................ ” “Article 96. It is the exclusive competence of: .................................................................................................. ii – the s upreme f ederal c ourt, the s uperior c ourts and the co urts of Justice, to propose to the respective le gislative po wer, with due regard for the provisions of article 169:..................................................................................................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, except for the provision of article 48, XV; ................................................................................................ ” a rticle 14. Paragraph 2 of article 127 of the Federal Constitution shall henceforth read as follows: “Article 127. ............................................................................ .................................................................................................. pa ragraph 2. th e pu blic pr osecution is ensured of functional and administrative autonomy, and it may, observing the provisions of article 169, propose to the le gislative po wer the creation and abolishment of its offices and auxiliary services, filling them through a civil service entrance examination of tests or of tests and presentation of academic and professional credentials, the remuneration policies, and the career plans; the law shall provide for its organization and operation. ................................................................................................ ” miolo_constitution_versao_camara.indd 245 17/6/2010 15:01:11 Constitution of the Federative Republic of Brazil 246 ar ticle 15. su bitem c of item i, of paragraph 5 of article 128, of the fe deral Constitution, shall henceforth read as follows: “ a rticle 128. ............................................................................ pa ragraph 5. su pplementary laws of the un ion and of the states, which may be proposed by the respective a ttorneys-General, shall establish the organization, the duties and the statute of each Public Prosecution, observing, as regards their members: I – the following guarantees:..................................................................................................c) irreducibility of compensation, stipulated according to article 39, paragraph 4, and with due regard for the provisions of articles 37, X and XI, 150, II, 153, III, 153, paragraph 2, I; ................................................................................................ ” a rticle 16. s ection ii of c hapter iv of title iv of the f ederal c onstitution shall henceforth be entitled “ t he p ublic a dvocacy”. ar ticle 17. ar ticle 132 of the fe deral co nstitution shall henceforth read as follows: “ a rticle 132. t he p rosecutors of the states and of the f ederal District, organized in a career, admission into which shall depend on a civil service entrance examination of tests and presentation of academic and professional credentials, with the participation of the Brazilian Bar Association in all of its stages, shall exercise judicial representation and judicial consultation for their respective federated units. Sole paragraph. th e pr osecutors referred to in this article are entitled to acquire tenure after three years of effective exercise, by means of a performance appraisal carried out by the relevant agencies, following a detailed report issued by the corregidors.” ar ticle 18. ar ticle 135 of the fe deral co nstitution shall henceforth read as follows: “ a rticle 135. s ervants in the careers regulated in s ections ii and iii of this c hapter shall be remunerated according to article 39, paragraph 4.” a rticle 19. p aragraph 1 and its item iii , and paragraphs 2 and 3 of article 144 of the f ederal c onstitution shall henceforth read as follows, a paragraph 9 being inserted in such article: “ a rticle 144. ............................................................................ pa ragraph 1. th e federal police, instituted by law as a permanent body, organized and maintained by the Union and structured into a career, are intended to: miolo_constitution_versao_camara.indd 246 17/6/2010 15:01:11 Constitutional Amendments 247 .................................................................................................. i ii – exercise the functions of maritime, airport and border police; .................................................................................................. pa ragraph 2. th e federal highway police are a permanent body organized and maintained by the Union, structured into a career, and intended, according to the law, to patrol ostensibly the federal highways. p aragraph 3. t he federal railway police are a permanent body organized and maintained by the Union, structured into a career, and intended, according to the law, to patrol ostensibly the federal railways. .................................................................................................. pa ragraph 9. th e remuneration of the policemen who are members of the agencies mentioned in this article shall be stipulated according to paragraph 4 of article 39.” a rticle 20. The head paragraph of article 167 of the Federal Constitution shall henceforth be in force with the addition of item X, which reads as follows: “Article 167. The following are forbidden: ..................................................................................................X – to transfer funds voluntarily and to grant loans, including by means of advancement of revenues, by the fe deral Government, the Government of the States and their financial institutions, for the payment of expenditures related to active and retired personnel and pensioners, of the s tates, the f ederal d istrict, and the Municipalities. ................................................................................................ ” ar ticle 21. A rticle 169 of the Federal Constitution shall henceforth read as follows: “ar ticle 169. ex penditures with active and retired personnel of the u nion, the states, the f ederal d istrict and the municipalities may not exceed the limits established in a supplementary law. pa ragraph 1. th e granting of any advantage or increase of remuneration, the creation of posts, positions or functions, or alteration of career structures, as well as admission or hiring of personnel, on any account, by Government bodies and entities, or entities owned by the Government, including foundations instituted and maintained by the Government, may only be effected: I – if there is a prior budgetary allocation sufficient to cover the estimated expenditure with personnel and the increases resulting therefrom; miolo_constitution_versao_camara.indd 247 17/6/2010 15:01:11 Constitution of the Federative Republic of Brazil 248 II – if there is specific authorization in the law of budgetary directives, with the exception of government enterprises and joint stock companies. Paragraph 2. O nce finished the time limit established in the supplementary law referred to in this article for the adaptation to the standards therein stipulated, all remittances of federal or state funds shall be immediately suspended to the s tates, the f ederal d istrict, and the Municipalities which do not obey the said limits. pa ragraph 3. to comply with the limits established according to this article, within the time period stipulated in the supplementary law referred to in the head paragraph, the u nion, the s tates, the fe deral di strict, and the Municipalities shall adopt the following measures: i – reduction of at least twenty percent of the expenditures with commission offices and positions of trust; ii – discharge of untenured servants. pa ragraph 4. if the measures adopted according to the preceding paragraph are not sufficient to guarantee compliance with the provision of the supplementary law referred to in this article, tenured servants may be dismissed, provided that a regulatory act justified by each of the Branches specifies the activity, the agency, or the administrative unit where reduction of personnel must be carried out. pa ragraph 5. a servant who is dismissed according to the preceding paragraph shall be entitled to compensation equivalent to one month of remuneration per year of service. p aragraph 6. t he post affected by the reduction mentioned in the preceding paragraphs shall be considered extinct, and the creation of a post, position, or function with equal or similar duties shall be forbidden for the period of four years. Paragraph 7. A federal act shall provide for the general rules to be complied with in carrying out the provision of paragraph 4.” a rticle 22. Paragraph 1 of article 173 of the Federal Constitution shall henceforth read as follows: “Article 173. ............................................................................ .................................................................................................. pa ragraph 1. th e law shall establish the legal system of public companies, joint-stock companies and their subsidiary companies engaged in economic activities connected with the production or trading of goods, or with the rendering of services, providing upon: miolo_constitution_versao_camara.indd 248 17/6/2010 15:01:11 Constitutional Amendments 249 i – their social function and the forms of control by the s tate and by society; II – compliance with the specific legal system governing private companies, including civil, commercial, labour, and tax rights and liabilities; III – bidding and contracting of works, services, purchases, and disposal, with due regard for the principles of government services; i v – the establishment and operation of boards of directors and of boards of supervisors, with the participation of minority shareholders; V – the terms of office, the performance appraisals, and the liability of administrators. ................................................................................................ ” a rticle 23. i tem v of article 206 of the f ederal c onstitution shall henceforth read as follows: “ a rticle 206. e ducation shall be provided on the basis of the following principles:.................................................................................................. v – appreciation of the value of teaching professionals, guaranteeing, in accordance with the law, career plans for public school teachers, with a professional minimum salary and admittance exclusively by means of public entrance examinations consisting of tests and presentation of academic and professional credentials; ................................................................................................ ” ar ticle 24. ar ticle 241 of the fe deral co nstitution shall henceforth read as follows: “ar ticle 241. th e un ion, the st ates, the fe deral di strict, and the Municipalities shall issue legislation to regulate public syndicates and cooperation agreements between members of the Federation, authorizing the joint management of public services, as well as the transfer, in whole or in part, of charges, services, personnel, and goods essential to the continued rendering of the services transferred.” ar ticle 25. I t is incumbent upon the Union to honor the current financial commitments with the rendering of public services in the fe deral di strict until such time as the fund referred to in item X iv of article 21 of the f ederal c onstitution is established. a rticle 26. W ithin two years of the promulgation of this Amendment, the entities owned by the Government shall have their by-laws revised regarding their respective legal nature, taking into account the purpose and the actual duties carried out. miolo_constitution_versao_camara.indd 249 17/6/2010 15:01:11 Constitution of the Federative Republic of Brazil 250