Article 1 of the Constitution of Brazil

the states and municipalities and of the f ederal d istrict, is a legal democratic state and is founded on: I – sovereignty; II – citizenship;III – the dignity of the human person;IV – the social values of labour and of the free enterprise; v – political pluralism. Sole paragraph. a ll power emanates from the people, who exercise it by means of elected representatives or directly, as provided by this c onstitution. ar ticle 2. th e le gislative, the ex ecutive and the Judicial, independent and harmonious among themselves, are the powers of the u nion. a rticle 3. The fundamental objectives of the Federative Republic of Brazil are: I – to build a free, just and solidary society;II – to guarantee national development; iii – to eradicate poverty and substandard living conditions and to reduce social and regional inequalities; IV – to promote the well-being of all, without prejudice as to origin, race, sex, colour, age and any other forms of discrimination. ar ticle 4. T he international relations of the Federative Republic of Brazil are governed by the following principles: I – national independence;II – prevalence of human rights;III – self-determination of the peoples;IV – non-intervention;V – equality among the states;VI – defense of peace;VII – peaceful settlement of conflicts;VIII – repudiation of terrorism and racism;IX – cooperation among peoples for the progress of mankind;X – granting of political asylum. miolo_constitution_versao_camara.indd 13 17/6/2010 15:00:59 Constitution of the Federative Republic of Brazil 14 Sole paragraph. T he Federative Republic of Brazil shall seek the economic, political, social and cultural integration of the peoples of l atin a merica, viewing the formation of a l atin- a merican community of nations. miolo_constitution_versao_camara.indd 14 17/6/2010 15:01:00 Fundamental Rights and Guarantees 15 title ii f undamental Rights and Guarantees CHaPteR i i ndividual and c ollective r ights and d uties a rticle 5. a ll persons are equal before the law, without any distinction whatsoever, Brazilians and foreigners residing in the country being ensured of inviolability of the right to life, to liberty, to equality, to security and to property, on the following terms: ( ca n o. 45, 2004) i – men and women have equal rights and duties under the terms of this Constitution; ii – no one shall be obliged to do or refrain from doing something except by virtue of law; i ii – no one shall be submitted to torture or to inhuman or degrading treatment; IV – the expression of thought is free, and anonymity is forbidden; v – the right of reply is ensured, in proportion to the offense, as well as compensation for property or moral damages or for damages to the image; vi – freedom of conscience and of belief is inviolable, the free exercise of religious cults being ensured and, under the terms of the law, the protection of places of worship and their rites being guaranteed; vii – under the terms of the law, the rendering of religious assistance in civil and military establishments of collective confinement is ensured; v iii – no one shall be deprived of any rights by reason of religious belief or philosophical or political conviction, unless he invokes it to exempt himself from a legal obligation required of all and refuses to perform an alternative obligation established by law; IX – the expression of intellectual, artistic, scientific, and communications activities is free, independently of censorship or license; X – the privacy, private life, honour and image of persons are inviolable, and the right to compensation for property or moral damages resulting from their violation is ensured; X i – the home is the inviolable refuge of the individual, and no one may enter therein without the consent of the dweller, except in the event of flagrante delicto or disaster, or to give help, or, during the day, by court order; X ii – the secrecy of correspondence and of telegraphic, data and telephone communications is inviolable, except, in the latter case, by court order, in the cases and in the manner prescribed by law for the purposes of criminal investigation or criminal procedural finding of facts; miolo_constitution_versao_camara.indd 15 17/6/2010 15:01:00 Constitution of the Federative Republic of Brazil 16 XIII – the practice of any work, trade or profession is free, observing the professional qualifications which the law shall establish; XIV – access to information is ensured to everyone and the confidentiality of the source shall be safeguarded, whenever necessary to the professional activity; X v – locomotion within the national territory is free in time of peace, and any person may, under the terms of the law, enter it, remain therein or leave it with his assets; X vi – all persons may hold peaceful meetings, without weapons, in places open to the public, regardless of authorization provided that they do not frustrate another meeting previously called for the same place, subject only to prior notice to the competent authority; X vii – freedom of association for lawful purposes is fully guaranteed, any paramilitary association being forbidden; X viii – the creation of associations and, under the terms of the law, that of cooperatives is not subject to authorization, and State interference in their operation is forbidden; X iX – associations may only be compulsorily dissolved or have their activities suspended by a judicial decision, and a final and unappealable decision is required in the first case; XX – no one shall be compelled to become associated or to remain associated; XXI – when expressly authorized, associations shall have the legitimacy to represent their members either judicially or extrajudicially; XXII – the right of property is guaranteed;XXIII – property shall observe its social function;XX iv – the law shall establish the procedure for expropriation for public necessity or use, or for social interest, with fair and previous pecuniary compensation, except for the cases provided in this Constitution; XXV – in case of imminent public danger, the competent authority may make use of private property, provided that, in case of damage, subsequent compensation is ensured to the owner; XXVI – the small rural property, as defined by law, provided that it is exploited by the family, shall not be subject to attachment for the payment of debts incurred by reason of its productive activities, and the law shall establish the means to finance its development; XXVII – the exclusive right of use, publication or reproduction of works rests upon their authors and is transmissible to their heirs for the time the law shall establish; XXVIII – under the terms of the law, the following are ensured: a) protection of individual participation in collective works and of reproduction of the human image and voice, sports activities included; miolo_constitution_versao_camara.indd 16 17/6/2010 15:01:00 Fundamental Rights and Guarantees 17 b) the right to authors, interpreters, and respective unions and associations to monitor the economic exploitation of the works which they create or in which they participate; XXiX – the law shall ensure the authors of industrial inventions of a temporary privilege for their use, as well as protection of industrial creations, property of trademarks, names of companies and other distinctive signs, viewing the social interest and the technological and economic development of the country; XXX – the right to inheritance is guaranteed; XXXI – succession to the estate of foreigners which is located in Brazil shall be regulated by the Brazilian law in favour of the Brazilian spouse or children, whenever the personal law of the deceased is not more favourable to them; XXX i i – the st ate shall provide, as set forth by law, for the defense of consumers; XXX i ii – all persons have the right to receive, from the public agencies, information of private interest to such persons, or of collective or general interest, which shall be provided within the period established by law, subject to liability, except for the information whose secrecy is essential to the security of society and of the State; XXX iv – the following are ensured to everyone, without any payment of fees: a) the right to petition the Government in defense of rights or against illegal acts or abuse of power; b) the obtaining of certificates from government offices, for the defense of rights and clarification of situations of personal interest; XXXV – the law shall not exclude any injury or threat to a right from the consideration of the Judicial Power; XXXVI – the law shall not injure the vested right, the perfect juridical act and the res judicata ; XXXVII – there shall be no exceptional tribunal or court; XXXVIII – the institution of the jury is recognized, according to the organization which the law shall establish, and the following are ensured: a) full defense;b) secrecy of voting;c) sovereignty of verdicts;d) power to judge willful crimes against life;XXXIX – there is no crime without a previous law to define it, nor a punishment without a previous legal commination; XL – penal law shall not be retroactive, except to benefit the defendant;X li – the law shall punish any discrimination which may attempt against fundamental rights and liberties; miolo_constitution_versao_camara.indd 17 17/6/2010 15:01:00 Constitution of the Federative Republic of Brazil 18 XLII – the practice of racism is a non-bailable crime, with no limitation, subject to the penalty of confinement, under the terms of the law; XLIII – the practice of torture, the illicit traffic of narcotics and related drugs, as well as terrorism, and crimes defined as heinous crimes shall be considered by law as non-bailable and not subject to grace or amnesty, and their principals, agents, and those who omit themselves while being able to avoid such crimes shall be held liable; X l iv – the action of armed groups, either civil or military, against the constitutional order and the democratic state is a non-bailable crime, with no limitation; X lv – no punishment shall go beyond the person of the convict, and the obligation to compensate for the damage, as well as the decreeing of loss of assets may, under the terms of the law, be extended to the successors and executed against them, up to the limit of the value of the assets transferred; XLVI – the law shall regulate the individualization of punishment and shall adopt the following, among others: a) deprivation or restriction of freedom; b) loss of assets;c) fine;d) alternative rendering of social service;e) suspension or deprivation of rights;XLVII – there shall be no punishment:a) of death, save in case of declared war, under the terms of article 84, XIX;b) of life imprisonment;c) of hard labour;d) of banishment;e) which is cruel;X lviii – the sentence shall be served in separate establishments, according to the nature of the offense, the age and the sex of the convict; XLIX – prisoners are ensured of respect to their physical and moral integrity; l – female prisoners shall be ensured of adequate conditions to stay with their children during the nursing period; LI – no Brazilian shall be extradited, except the naturalized ones in the case of a common crime committed before naturalization, or in the case there is sufficient evidence of participation in the illicit traffic of narcotics and related drugs, under the terms of the law; lii – extradiction of a foreigner on the basis of political or ideological crime shall not be granted; l iii – no one shall undergo legal proceeding or sentencing save by the competent authority; miolo_constitution_versao_camara.indd 18 17/6/2010 15:01:00 Fundamental Rights and Guarantees 19 liv – no one shall be deprived of freedom or of his assets without the due process of law; LV – litigants, in judicial or administrative processes, as well as defendants in general are ensured of the adversary system and of full defense, with the means and resources inherent to it; LVI – evidence obtained through illicit means are unacceptable in the process; LVII – no one shall be considered guilty before the issuing of a final and unappealable penal sentence; LVIII – no one who has undergone civil identification shall be submitted to criminal identification, save in the cases provided by law; LIX – private prosecution in the cases of crimes subject to public prosecution shall be admitted, whenever the latter is not filed within the period established by law; lX – the law may only restrict the publicity of procedural acts when the defense of privacy or the social interest require it; l Xi – no one shall be arrested unless in flagrante delicto or by a written and justified order of a competent judicial authority, save in the cases of military transgression or specific military crime, as defined in law; l X ii – the arrest of any person as well as the place where he is being held shall be immediately informed to the competent judge and to the family of the person arrested or to the person indicated by him; lXi ii – the arrested person shall be informed of his rights, among which the right to remain silent, and he shall be ensured of assistance by his family and a lawyer; LXIV – the arrested person is entitled to identification of those responsible for his arrest or for his police questioning; LXV – illegal arrest shall be immediately remitted by the judicial authority; LXVI – no one shall be taken to prison or held therein, when the law admits release on own recognizance, subject or not to bail; lXv ii – there shall be no civil imprisonment for indebtedness except in the case of a person responsible for voluntary and inexcusable default of alimony obligation and in the case of an unfaithful trustee; l X viii – habeas corpus shall be granted whenever a person suffers or is in danger of suffering violence or coercion against his freedom of locomotion, on account of illegal actions or abuse of power; l X i X – a writ of mandamus shall be issued to protect a clear and perfect right, not covered by habeas corpus or habeas data, whenever the party responsible for the illegal actions or abuse of power is a public official or an agent of a corporate legal entity exercising duties of the Government; LXX – a collective writ of mandamus may be filed by: a) a political party represented in the National Congress; miolo_constitution_versao_camara.indd 19 17/6/2010 15:01:00 Constitution of the Federative Republic of Brazil 20 b) a union, a professional association or an association legally constituted and in operation for at least one year, to defend the interests of its members or associates; LXXI – a writ of injunction shall be granted whenever the absence of a regulatory provision disables the exercise of constitutional rights and liberties, as well as the prerogatives inherent to nationality, sovereignty and citizenship; l XX ii – habeas data shall be granted: a) to ensure the knowledge of information related to the person of the petitioner, contained in records or data banks of government agencies or of agencies of a public character; b) for the correction of data, when the petitioner does not prefer to do so through a confidential process, either judicial or administrative; LXXIII – any citizen is a legitimate party to file a people’s legal action with a view to nullifying an act injurious to the public property or to the property of an entity in which the st ate participates, to the administrative morality, to the environment, and to the historic and cultural heritage, and the author shall, save in the case of proven bad faith, be exempt from judicial costs and from the burden of defeat; l XX iv – the s tate shall provide full and free-of-charge legal assistance to all who prove insufficiency of funds; LXXV – the State shall compensate a convict for judicial error, as well as a person who remains imprisoned for a period longer than the one established by the sentence; LXXVI – for all who are acknowledgedly poor, the following is free of charge, under the terms of the law: a) civil birth certificate; b) death certificate; l XX vii – habeas corpus and habeas data proceedings and, under the terms of the law, the acts necessary to the exercise of citizenship are free of charge; l XX viii – a reasonable length of proceedings and the means to guarantee their expeditious consideration are ensured to everyone, both in the judicial and administrative spheres. Paragraph 1. T he provisions defining fundamental rights and guarantees are immediately applicable. pa ragraph 2. t he rights and guarantees expressed in this co nstitution do not exclude others deriving from the regime and from the principles adopted by it, or from the international treaties in which the Federative Republic of Brazil is a party . pa ragraph 3. in ternational human rights treaties and conventions which are approved in each h ouse of the n ational c ongress, in two rounds of voting, by three fifths of the votes of the respective members shall be equivalent to constitutional amendments. 1 1 see international a cts equivalent to c onstitutional a mendments. miolo_constitution_versao_camara.indd 20 17/6/2010 15:01:00 Fundamental Rights and Guarantees 21 Paragraph 4. Brazil accepts the jurisdiction of an International Criminal Court to whose creation it has expressed its adhesion. CH a P te R ii s ocial r ights a rticle 6. Education, health, food, work, housing, leisure, security, social security, protection of motherhood and childhood, and assistance to the destitute are social rights, as set forth by this Constitution. (CA No. 26, 2000; CA No. 64, 2010) a rticle 7. The following are rights of urban and rural workers, among others that aim to improve their social conditions: (CA No. 20, 1998; CA No. 28, 2000; CA No. 53, 2006) i – employment protected against arbitrary dismissal or against dismissal without just cause, in accordance with a supplementary law which shall establish severance-pay, among other rights; II – unemployment insurance, in the event of involuntary unemployment; III – severance-pay fund;IV – nationally unified minimum monthly wage, established by law, capable of satisfying their basic living needs and those of their families with housing, food, education, health, leisure, clothing, hygiene, transportation, and social security, with periodical adjustments to maintain its purchasing power, it being forbidden to use it as an index for any purpose; V – a salary floor in proportion to the extent and complexity of the work; v i – irreducibility of the wages, except when established in collective agreement or covenant; vii – guarantee of wages never below the minimum one, for those receiving variable pay; viii – year-end one-salary bonus based on the full pay or on the amount of the pension; IX – payrate for night-shift work higher than that for daytime work; X – wage protection, as provided by law, with felonious withholding of wages being a crime; Xi – participation in the profits or results, independent of wages, and, exceptionally, participation in the management of the company, as defined by law; XII – family allowance paid to each dependent of low-income workers, under the terms of the law; XIII – normal working hours not exceeding eight hours per day and forty-four hours per week, with the option of compensating working hours and reducing the length of the workday through an agreement or a collective bargaining covenant; XIV – a workday of six hours for work carried out in continuous shifts, unless otherwise established by collective bargaining; miolo_constitution_versao_camara.indd 21 17/6/2010 15:01:00 Constitution of the Federative Republic of Brazil 22 XV – paid weekly leave, preferably on Sundays; XVI – rate of pay for overtime at least fifty per cent higher than that of normal work; X vii – annual vacation with remuneration at least one third higher than the normal salary; XVIII – maternity leave without loss of job and of salary, for a period of one hundred and twenty days; XIX – paternity leave, under the terms established by law;XX – protection of the labour market for women through specific incentives, as provided by law; XX i – advance notice of dismissal in proportion to the length of service, of at least thirty days, as provided by law; XXII – reduction of employment related risks by means of health, hygiene and safety rules; XXIII – additional remuneration for strenuous, unhealthy or dangerous work, as established by law; XXIV – retirement pension;XXV – free assistance for children and dependents of up to five years of age, in day-care centres and pre-school facilities; XXVI – recognition of collective bargaining agreements and covenants;XXVII – protection on account of automation, as established by law;XX v iii – occupational accident insurance, to be paid for by the employer, without excluding the employer’s liability for indemnity in the event of malice or fault; XXiX – legal action, with respect to credits arising from employment relationships, with a limitation of five years for urban and rural workers, up to the limit of two years after the end of the employment contract; a) (revoked); b) (revoked);XXX – prohibition of any difference in wages, in the performance of duties and in hiring criteria by reason of sex, age, colour or marital status; XXX i – prohibition of any discrimination with respect to wages and hiring criteria of handicapped workers; XXX i i – prohibition of any distinction between manual, technical, and intellectual work or among the respective professionals; XXXIII – prohibition of night, dangerous, or unhealthy work for minors under eighteen years of age, and of any work for minors under sixteen years of age, except as an apprentice, for minors above fourteen years of age; XXXIV – equal rights for workers with a permanent employment bond and for sporadic workers. miolo_constitution_versao_camara.indd 22 17/6/2010 15:01:00 Fundamental Rights and Guarantees 23 Sole paragraph. t he category of domestic servants is ensured of the rights set forth in items iv, vi , viii , X v, X vii , X viii , X i X, XX i and XX iv, as well as of integration in the social security system. a rticle 8. Professional or union association is free, with regard for the following: I – the law may not require authorization of the State for a union to be founded, except for authorization for registration with the competent agency, it being forbidden to the Government the interference and the intervention in the union; ii – it is forbidden to create more than one union, at any level, representing a professional or economic category, in the same territorial base, which shall be defined by the workers or employers concerned, which base may not cover less than the area of one municipality; i ii – it falls to the union to defend the collective or individual rights and interests of the category, including legal or administrative disputes; i v – the general assembly shall establish the contribution which, in the case of a professional category, shall be discounted from the payroll, to support the confederative system of the respective union representation, regardless of the contribution set forth by law; V – no one shall be required to join or to remain a member of a union; vi – the collective labour bargainings must be held with the participation of unions; VII – retired members shall be entitled to vote and be voted on in unions; viii – the dismissal of a unionised employee is forbidden from the moment of the registration of his candidacy to a position of union direction or representation and, if elected, even if as a substitute, up to one year after the end of his term in office, unless he commits a serious fault as established by law. Sole paragraph. The provisions of this article apply to the organization of rural unions and those of fishing communities, with due regard for the conditions established by law. ar ticle 9. T he right to strike is guaranteed, it being the competence of the workers to decide on the advisability of exercising it and on the interests to be defended thereby. Paragraph 1. The law shall define the essential services or activities and shall provide with respect to the satisfaction of the community’s undelayable needs. Paragraph 2. T he abuses committed shall subject those responsible to the penalties of the law. a rticle 10. The participation of workers and employers is ensured in the collegiate bodies of government agencies in which their professional or social security interests are subject of discussion and resolution. a rticle 11. i t is ensured, in companies with more than 200 employees, the election of a representative of the employees for the exclusive purpose of furthering direct negotiations with the employers. miolo_constitution_versao_camara.indd 23 17/6/2010 15:01:00 Constitution of the Federative Republic of Brazil 24 CHaPteR iii n ationality a rticle 12. The following are Brazilians: (RCA No. 3, 1994; CA No. 23, 1999; CA No. 54, 2007) I – by birth: a) those born in the Federative Republic of Brazil, even if of foreign parents, provided that they are not at the service of their country; b) those born abroad, of a Brazilian father or a Brazilian mother, provided that either of them is at the service of the Federative Republic of Brazil; c) those born abroad, to a Brazilian father or a Brazilian mother, provided that they are registered with a competent Brazilian authority, or come to reside in the Federative Republic of Brazil, and opt for the Brazilian nationality at any time after reaching majority; II – naturalized: a) those who, as set forth by law, acquire Brazilian nationality, it being the only requirement for persons originating from Portuguese-speaking countries the residence for one uninterrupted year and good moral repute; b) foreigners of any nationality, resident in the Federative Republic of Brazil for over fifteen uninterrupted years and without criminal conviction, provided that they apply for the Brazilian nationality. Paragraph 1. The rights inherent to Brazilians shall be attributed to Portuguese citizens with permanent residence in Brazil, if there is reciprocity in favour of Brazilians, except in the cases stated in this Constitution. pa ragraph 2. th e law may not establish any distinction between born and naturalized Brazilians, except in the cases stated in this Constitution. Paragraph 3. The following offices are exclusive for born Brazilians: I – those of President and Vice-President of the Republic; II – that of President of the Chamber of Deputies; III – that of President of the Federal Senate;IV – that of Justice of the Supreme Federal Court;V – those of the diplomatic career;VI – that of officer of the Armed Forces; vii – that of Minister of d efense. Paragraph 4. Loss of nationality shall be declared for a Brazilian who: I – has his naturalization cancelled by court decision on account of an activity harmful to the national interests; II – acquires another nationality, save in the cases: a) of recognition of the original nationality by the foreign law; miolo_constitution_versao_camara.indd 24 17/6/2010 15:01:00 Fundamental Rights and Guarantees 25 b) of imposition of naturalization, under the foreign rules, to the Brazilian resident in a foreign s tate, as a condition for permanence in its territory, or for the exercise of civil rights. ar ticle 13. P ortuguese is the official language of the Federative Republic of Brazil. Paragraph 1. The national flag, anthem, coat of arms and seal are the symbols of the Federative Republic of Brazil. p aragraph 2. t he states, the f ederal d istrict and the municipalities may have symbols of their own. CH a P te R i V p olitical r ights a rticle 14. t he sovereignty of the people shall be exercised by universal suffrage and by the direct and secret voting, with equal value for all, and, according to the law, by means of: (RCA No. 4, 1993; CA No. 16, 1997) I – plebiscite; II – referendum;III – people’s initiative. Paragraph 1. Electoral enrollment and voting are: I – mandatory for persons over eighteen years of age;II – optional for:a) the illiterate;b) those over seventy years of age;c) those over sixteen and under eighteen years of age. pa ragraph 2. fo reigners cannot register as voters and neither can conscripts during their period of compulsory military service; Paragraph 3. The conditions for eligibility , according to the law, are: I – the Brazilian nationality;II – the full exercise of the political rights;III – the electoral enrollment;IV – the electoral domicile in the electoral district;V – the membership in a political party;VI – the minimum age of:a) thirty-five years for President and Vice-President of the Republic and Senator; b) thirty years for Governor and vice-Governor of a state and of the f ederal District; miolo_constitution_versao_camara.indd 25 17/6/2010 15:01:00 Constitution of the Federative Republic of Brazil 26 c) twenty-one years for fe deral de puty, st ate or di strict de puty, Mayor, vi ce- Mayor, and justice of the peace; d) eighteen years for c ity c ouncilman. p aragraph 4. t he illiterate and those that cannot be registered as voters are not eligible. pa ragraph 5. th e pr esident of the re public, the st ate and fe deral di strict Governors, the Mayors and those who have succeeded or replaced them during their terms of office may be reelected for only one subsequent term. Paragraph 6. I n order to run for other offices, the President of the Republic, the s tate and f ederal d istrict Governors and the Mayors have to resign from their respective offices at least six months in advance of the election. Paragraph 7. The spouse and relatives by blood or marriage, up to the second degree or by adoption, of the p resident of the r epublic, of the Governor of a s tate or territ ory or of the f ederal d istrict, of a Mayor or of those who have replaced them within the six months preceding the election, are not eligible in the jurisdiction of the incumbent, unless they already hold an elective office and are candidates for re-election. p aragraph 8. a member of the a rmed f orces that can be registered as voter is eligible if the following conditions are met: I – if he has less than ten years of service, he shall have to take leave from military activities; ii – if he has more than ten years of service, he shall be discharged of military duties by his superiors and, if elected, he shall automatically pass into retirement upon the issuing of the official certificate of electoral victory. p aragraph 9. i n order to protect the administrative probity, the morality for the exercise of the office, the previous life of the candidate being considered, and the normality and legitimacy of the elections against the influence of the economic power or of the abuse in the holding of office, position or job in the direct or indirect public administration, a supplementary law shall establish other cases of ineligibility and the periods for such ineligibilities to cease. p aragraph 10. t he exercise of an elective mandate may be impugned before the Electoral Courts within a period of fifteen days after the date of the issuing of the official certificate of electoral victory, substantiating the suit with evidence of abuse of economic power, corruption or fraud. Paragraph 11. The procedure of the suit impugning the office shall be secret, and the plaintiff shall be liable under the law if the suit is reckless or involves manifest bad faith. a rticle 15. d isfranchisement of political rights is forbidden, the loss or suspension of which rights shall apply only in the event of: I – cancellation of naturalization by a final and unappealable judgement; II – absolute civil incapacity; miolo_constitution_versao_camara.indd 26 17/6/2010 15:01:00 Fundamental Rights and Guarantees 27 III – final and unappealable criminal sentence, for as long as its ef fects last; iv – refusal to comply with an obligation imposed upon everyone or to render an alternative service, according to article 5, VIII; V – administrative dishonesty, according to article 37, paragraph 4. a rticle 16. t he law that alters the electoral procedure shall come into force on the date of its publication, and shall not apply to the elections that take place within one year of it being in force. ( ca n o. 4, 1993) CH a P te R V p olitical p arties ar ticle 17. th e creation, amalgamation, merger and extinction of political parties is free, with due regard for national sovereignty, the democratic regime, the plurality of political parties, the fundamental rights of the individual, and observing the following precepts: (CA No. 52, 2006) I – national character; II – prohibition from receiving financial assistance from a foreign entity or government or from subordination to same; III – rendering of accounts to the Electoral Courts; iv – operation in the n ational c ongress in accordance with the law. Paragraph 1. Political parties are ensured of autonomy to define their internal structure, organization, and operation, and to adopt the selection criteria and the composition of their electoral coalitions, without being required to follow the same party alliances at the national, state, f ederal d istrict, or municipal levels, and their by-laws shall establish rules of party loyalty and discipline. pa ragraph 2. af ter acquiring corporate legal status under civil law, political parties shall register their by-laws at the s uperior e lectoral c ourt. p aragraph 3. p olitical parties are entitled to monies from the party fund and to free-of-charge access to radio and television, as established by law. Paragraph 4. Political parties are forbidden to use paramilitary or ganizations. miolo_constitution_versao_camara.indd 27 17/6/2010 15:01:00 The Organization of the State 29 title iii t he o rganization of the s tate CHaPteR i The Political and Administrative Organization ar ticle 18. T he political and administrative organization of the Federative Republic of Brazil comprises the Union, the states, the Federal District and the municipalities, all of them autonomous, as this c onstitution provides. ( ca n o. 15, 1996) p aragraph 1. b rasília is the federal capital. p aragraph 2. t he federal territories are part of the u nion and their establishment, transformation into states or reintegration into the state of origin shall be regulated by a supplementary law. p aragraph 3. the states may merge into each other, subdivide or dismember to be annexed to others or to form new states or federal territories, subject to the approval of the population directly concerned, by means of a plebiscite, and of the n ational c ongress, by means of a supplementary law. 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 f easibility s tudies, presented and published as set forth by law. a rticle 19. t he u nion, the states, the f ederal d istrict and the municipalities are forbidden to: I – establish religious sects or churches, subsidize them, hinder their activities, or maintain relationships of dependence or alliance with them or their representatives, without prejudice to collaboration in the public interest in the manner set forth by law; II – refuse to honour public documents; III – create distinctions between Brazilians or preferences favouring some. CH a P te R ii t he u nion a rticle 20. The following are property of the Union: (CA No. 46, 2005) i – the property which presently belongs to it as well as that which may be attributed to it; i i – the unoccupied lands essential to the defense of the boundaries, the fortifications and military constructions, the federal routes of communication and the preservation of the environment, as defined by law; miolo_constitution_versao_camara.indd 29 17/6/2010 15:01:00 Constitution of the Federative Republic of Brazil 30 III – the lakes, rivers and any watercourses in lands within its domain, or that wash more than one state, that serve as boundaries with other countries, or that extend into foreign territory or proceed therefrom, as well as bank lands and river beaches; IV – the river and lake islands in zones bordering with other countries; sea beaches; ocean and off-shore islands, excluding those which are the seat of Municipalities, with the exception of areas assigned to public services and to federal environmental units, and those referred to in article 26, II; v – the natural resources of the continental shelf and of the exclusive economic zone; VI – the territorial sea; VII – tide lands and those added to them;VIII – the hydraulic energy potentials;IX – the mineral resources, including those of the subsoil;X – the natural underground cavities and the archaeological and pre-historic sites; X i – those lands traditionally occupied by the i ndians. p aragraph 1. i n accordance with the law, the participation in the results of the exploitation of petroleum or natural gas, hydric resources for the purpose of generation of electric power and other mineral resources in the respective territory, continental shelf, territorial sea or exclusive economic zone, or financial compensation for the exploitation thereof, is assured to the states, the fe deral di strict and the municipalities, as well as to agencies of the direct administration of the u nion. Paragraph 2. T he strip of land up to a hundred and fifty kilometers in width alongside the terrestrial boundaries, designated as boundary zone, is considered essential to the defense of the national territory and its occupation and utilization shall be regulated by law. a rticle 21. The Union shall have the power to: (CA No. 8, 995; CA No. 19, 1998; ca n o. 49, 2006) i – maintain relations with foreign states and participate in international organizations; II – declare war and make peace; III – ensure national defense; iv – allow foreign forces, in the cases provided for in a supplementary law, to pass through the national territory or to remain therein temporarily; V – declare a state of siege, a state of defense and federal intervention;VI – authorize and control the production and trade of military matériel;VII – issue currency; v iii – manage the foreign exchange reserves of the country and control financial operations, especially those of credit, exchange and capitalization, as well as insurance and private security; miolo_constitution_versao_camara.indd 30 17/6/2010 15:01:00 The Organization of the State 31 iX – prepare and carry out national and regional plans for the ordaining of the territory and for economic and social development; X – maintain the postal service and the national air mail; X I – 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; b) the electric power services and facilities and the energetic exploitation of watercourses, jointly with the states wherein those hydroenergetic potentials are located; c) air and aerospace navigation and airport infrastructure; d) railway and waterway services between seaports and national borders or which cross the boundary of a state or territory; e) interstate and international highway passenger transportation services;f) sea, river and lake ports;XIII – organize and maintain the Judicial Power, the Public Prosecution and the Public Legal Defense of the Federal District and territories; 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 Federal District for the carrying out of public services by means of a specific fund; XV – organize and maintain the official services of statistics, geography, geology and cartography of national scope; X vi – classify, for indicative purposes, public entertainment and radio and television programs; XVII – grant amnesty; Xv iii – plan and promote permanent defense against public disasters, especially droughts and floods; X i X – establish a national system for the management of hydric resources and define criteria for the concession of the right to their use; XX – establish directives for urban development, including housing, basic sanitation and urban transportation; XXI – establish principles and directives for the national transportation system;XXII – perform the services of maritime, airport, and border police; XX i ii – operate nuclear energy services and facilities of any nature and exercise state monopoly over research, mining, enrichment and reprocessing, industrialization and trade in nuclear ores and their by-products, taking into account the following principles and conditions: miolo_constitution_versao_camara.indd 31 17/6/2010 15:01:00 Constitution of the Federative Republic of Brazil 32 a) all nuclear activity within the national territory shall only be admitted for peaceful purposes and subject to approval by the National Congress; b) under a permission, authorization is granted for the sale and use of radioisotopes in research and for medical, agricultural, and industrial purposes; c) under a permission, authorization is granted for the production, sale, and use of radioisotopes with a half-life lower than two hours; d) civil liability for nuclear damages does not depend on the existence of fault; XXIV – organize, maintain and carry out inspection of working conditions; XX v – establish the areas and conditions for the exercise of placer mining activities in associative form. a rticle 22. The Union has the exclusive power to legislate on: (CA No. 19, 1998) i – civil, commercial, criminal, procedural, electoral, agrarian, maritime, aeronautical, space and labour law; II – expropriation; iii – civil and military requisitioning, in case of imminent danger or in times of war; IV – waters, energy, informatics, telecommunications and radio broadcasting;V – the postal service;VI – the monetary and measures systems, metal certificates and guarantees;VII – policies for credit, foreign exchange, insurance and transfer of values;VIII – foreign and interstate trade;IX – guidelines for the national transportation policy;X – the regime of the ports and lake, river, ocean, air and aerospace navigation;XI – traffic and transportation;XII – beds of ore, mines, other mineral resources and metallurgy;XIII – nationality, citizenship and naturalization;XIV – Indian populations;XV – emigration, immigration, entry, extradition and expulsion of foreigners;XVI – the organization of the national employment system and conditions for the practice of professions; XVII – the judicial organization of the Public Prosecution and of the p ublic l egal d efense of the f ederal d istrict and of the territories, as well as their administrative organization; XVIII – the national statistical, cartographic and geological systems; miolo_constitution_versao_camara.indd 32 17/6/2010 15:01:00 The Organization of the State 33 XiX – systems of savings, as well as of obtaining and guaranteeing popular savings; XX – consortium and lottery systems; XXI – general organization rules, troops, matériel, guarantees, drafting and mobilization of the military police and military fire brigades; XXII – the jurisdiction of the federal police and of the federal highway and military polices; XXIII – social security;XXIV – directives and bases of the national education;XXV – public registers;XXVI – nuclear activities of any nature;XX v ii – general rules for all types of bidding and contracting for governmental entities, associate government agencies, and foundations of the un ion, the st ates, the Federal District, 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; XXv iii – territorial defense, aerospace defense, maritime defense, civil defense, and national mobilization; XX i X – commercial advertising. Sole paragraph. A supplementary law may authorize the states to legislate upon specific questions related to the matters listed in this article. a rticle 23. t he u nion, the states, the f ederal d istrict and the municipalities, in common, have the power: (CA No. 53, 2006) i – to ensure that the c onstitution, the laws and the democratic institutions are respected and that public property is preserved; i i – to provide for health and public assistance, for the protection and safeguard of handicapped persons; III – to protect the documents, works and other assets of historical, artistic or cultural value, the monuments, the remarkable landscapes and the archaeological sites; IV – to prevent works of art and other assets of historical, artistic and cultural value from being taken out of the country, destroyed or from being deprived of their original characteristics; V – to provide the means of access to culture, education and science; VI – to protect the environment and to fight pollution in any of its forms;VII – to preserve the forests, fauna and flora;VIII – to promote agriculture and organize the supply of foodstuff; iX – to promote housing construction programs and the improvement of housing and basic sanitation conditions; miolo_constitution_versao_camara.indd 33 17/6/2010 15:01:00 Constitution of the Federative Republic of Brazil 34 X – to fight the causes of poverty and the factors leading to substandard living conditions, promoting the social integration of the unpriviledged sectors of the population; X i – to register, monitor and control the concessions of rights to research and exploit hydric and mineral resources within their territories; XII – to establish and to implement an educational policy for traffic safety . Sole paragraph. su pplementary laws shall establish rules for the cooperation between the fe deral Government and the states, the fe deral di strict, and the municipalities, aiming at the attainment of balanced development and well-being on a nationwide scope. ar ticle 24. th e un ion, the states and the fe deral di strict have the power to legislate concurrently on: I – tax, financial, penitentiary, economic and urbanistic law; II – budget;III – trade boards;IV – costs of forensic services;V – production and consumption;VI – forests, hunting, fishing, fauna, preservation of nature, defense of the soil and natural resources, protection of the environment and control of pollution; vii – protection of the historic, cultural and artistic heritage, as well as of assets of touristic interest and landscapes of outstanding beauty; viii – liability for damages to the environment, to consumers, to assets and rights of artistic, aesthetic, historical, and touristic value, as well as to remarkable landscapes; IX – education, culture, teaching and sports; X – establishment, operation and procedures of small claims courts;XI – judicial procedures;XII – social security, protection and defense of health;XIII – legal assistance and public defense;XIV – protection and social integration of handicapped persons;XV – protection of childhood and youth;XVI – organization, guarantees, rights and duties of the civil polices. Paragraph 1. W ithin the scope of concurrent legislation, the competence of the u nion shall be limited to the establishment of general rules. p aragraph 2. t he competence of the u nion to legislate upon general rules does not exclude the supplementary competence of the states. p aragraph 3. i f there is no federal law on general rules, the states shall exercise full legislative competence to provide for their peculiarities. miolo_constitution_versao_camara.indd 34 17/6/2010 15:01:00 The Organization of the State 35 paragraph 4. the supervenience of a federal law over general rules suspends the ef fectiveness of a state law to the extent that the two are contrary. CH a P te R iii t he f ederated s tates ar ticle 25. T he states are organized and governed by the Constitutions and laws they may adopt, in accordance with the principles of this c onstitution. ( ca n o. 5, 1995) p aragraph 1. a ll powers that this c onstitution does not prohibit the states from exercising shall be conferred upon them. p aragraph 2. t he states shall have the power to operate, directly or by means of concession, the local services of piped gas, as provided for by law, it being forbidden to issue any provisional measure for its regulation. pa ragraph 3. th e states may, by means of a supplementary law, establish metropolitan regions, urban agglomerations and microregions, formed by the grouping of adjacent municipalities, in order to integrate the organization, the planning and the operation of public functions of common interest. a rticle 26. The property of the states includes: I – surface or subterranean waters, flowing, emerging or in deposit, with the exception, in this case, of those resulting from work carried out by the Union, as provided by law; ii – the areas, on ocean and coastal islands, which are within their domain, excluding those under the domain of the Union, the municipalities or third parties; III – the river and lake islands which do not belong to the Union; i v – the unoccupied lands not included among those belonging to the u nion. a rticle 27. t he number of d eputies in the l egislative a ssembly shall correspond to three times the representation of the state in the c hamber of d eputies and, when the number of thirty-six has been reached, it shall be increased by as many members as the number of f ederal d eputies exceeding twelve. ( ca n o. 19, 1998) Paragraph 1. The term of office of the State Deputies shall be four years and the provisions of this c onstitution shall be applied to them in what refers to the electoral system, inviolability, immunities, remuneration, loss of office, leave of absence, impediments, and incorporation into the a rmed f orces. p aragraph 2. t he compensation of s tate d eputies shall be established by an act of the State Legislative Assembly, 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. p aragraph 3. t he l egislative a ssemblies shall have the power to provide upon their internal regulations, police, and the administrative services of their s ecretariat and to fill in the respective offices. miolo_constitution_versao_camara.indd 35 17/6/2010 15:01:00 Constitution of the Federative Republic of Brazil 36 Paragraph 4. T he law shall provide for the people’s initiative in the state legislative process. a rticle 28. t he election of the Governor and the vice-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. (CA No. 16, 1997; CA No. 19, 1998) 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. CH a P te R i V t he Municipalities a rticle 29. Municipalities shall be governed by organic law, voted in two readings, with a minimum interval of ten days between the readings, and approved by two-thirds of the members of the Municipal c hamber, which shall promulgate it, observing the principles established in this c onstitution, in the c onstitution of the respective state and the following precepts: (CA No. 1, 1992; CA No. 16, 1997; CA No. 19, 1998; CA No. 25, 2000; CA No. 58, 2009) I – election of the Mayor, Vice-Mayor and Councilmen for a term of office of four years, by means of direct election held simultaneously throughout the country; 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; i ii – investiture of the Mayor and vi ce-Mayor on January 1 of the year subsequent to the year of the election; i v – the following limits shall apply to the composition of Municipal Chambers: a) 9 (nine) councilmen, in Municipalities with up to 15,000 (fifteen thousand) inhabitants; b) 11 (eleven) councilmen, in Municipalities with over 15,000 (fifteen thousand) inhabitants and with up to 30,000 (thirty thousand) inhabitants; c) 13 (thirteen) councilmen, in Municipalities with over 30,000 (thirty thousand) inhabitants and with up to 50,000 (fifty thousand) inhabitants; d) 15 (fifteen) councilmen, in Municipalities with over 50,000 (fifty thousand) inhabitants and with up to 80,000 (eighty thousand) inhabitants; miolo_constitution_versao_camara.indd 36 17/6/2010 15:01:01 The Organization of the State 37 e) 17 (seventeen) councilmen, in Municipalities with over 80,000 (eighty thousand) inhabitants and with up to 120,000 (one hundred and twenty thousand) inhabitants; f) 19 (nineteen) councilmen, in Municipalities with over 120,000 (one hundred and twenty thousand) inhabitants and with up to 160,000 (one hundred and sixty thousand) inhabitants; g) 21 (twenty-one) councilmen, in Municipalities with over 160,000 (one hundred and sixty thousand) inhabitants and with up to 300,000 (three hundred thousand) inhabitants; h) 23 (twenty-three) councilmen, in Municipalities with over 300,000 (three hundred thousand) inhabitants and with up to 450,000 (four hundred and fifty thousand) inhabitants; i) 25 (twenty-five) councilmen, in Municipalities with over 450,000 (four hundred and fifty thousand) inhabitants and with up to 600,000 (six hundred thousand) inhabitants; j) 27 (twenty-seven) councilmen, in Municipalities with over 600,000 (six hundred thousand) inhabitants and with up to 750,000 (seven hundred thousand) inhabitants; k) 29 (twenty-nine) councilmen, in Municipalities with over 750,000 (seven hundred thousand) inhabitants and with up to 900,000 (nine hundred thousand) inhabitants; l) 31 (thirty-one) councilmen, in Municipalities with over 900,000 (nine hundred thousand) inhabitants and with up to 1,050,000 (one million and fifty thousand) inhabitants; m) 33 (thirty-three) councilmen, in Municipalities with over 1,050,000 (one million and fifty thousand) inhabitants and with up to 1,200,000 (one million and two hundred thousand) inhabitants; n) 35 (thirty-five) councilmen, in Municipalities with over 1,200,000 (one million and two hundred thousand) inhabitants and with up to 1,350,000 (one million three hundred and fifty thousand) inhabitants; o) 37 (thirty-seven) councilmen, in Municipalities with 1,350,000 (one million three hundred and fifty thousand) inhabitants and with up to 1,500,000 (one million five hundred thousand) inhabitants; p) 39 (thirty-nine) councilmen, in Municipalities with over 1,500,000 (one million five hundred thousand) inhabitants and with up to 1,800,000 (one million eight hundred thousand) inhabitants; q) 41 (forty-one) councilmen, in Municipalities with over 1,800,000 (one million eight hundred thousand) inhabitants and with up to 2,400,000 (two million four hundred thousand) inhabitants; r) 43 (forty-three) councilmen, in Municipalities with over 2,400,000 (two million four hundred thousand) inhabitants and with up to 3,000,000 (three million) inhabitants; miolo_constitution_versao_camara.indd 37 17/6/2010 15:01:01 Constitution of the Federative Republic of Brazil 38 s) 45 (forty-five) councilmen, in Municipalities with over 3,000,000 (three million) inhabitants and with up to 4,000,000 (four million) inhabitants; t) 47 (forty-seven) councilmen, in Municipalities with over 4,000,000 (four million) inhabitants and with up to 5,000,000 (five million) inhabitants; u) 49 (forty-nine) councilmen, in Municipalities with over 5,000,000 (five million) inhabitants and with up to 6,000,000 (six million) inhabitants; v) 51 (fifty-one) councilmen, in Municipalities with over 6,000,000 (six million) inhabitants and with up to 7,000,000 (seven million) inhabitants; w) 53 (fifty-three) councilmen, in Municipalities with over 7,000,000 (seven million) inhabitants and with up to 8,000,000 (eight million) inhabitants; and x) 55 (fifty-five) councilmen, in Municipalities with over 8,000,000 (eight million) inhabitants; v – compensation of the Mayor, the vi ce-Mayor, and the lo cal ca binet Members established by an act of the Town Council, as provided by articles 37, XI, 39, paragraph 4, 150, II, 153, III, and 153, paragraph 2, I; v i – the compensation of lo cal co uncilmen shall be stipulated by their respective town c ouncils in each legislative term for the subsequent one, with due regard for the provisions of this c onstitution, in accordance with the criteria set forth in the respective Organic Law and the following maximum limits: a) i n Municipalities having up to ten thousand inhabitants, the compensation of l ocal c ouncilmen shall correspond, at the most, to twenty percent of the compensation of State Deputies; b) in Municipalities having between ten thousand and fifty thousand inhabitants, the compensation of l ocal c ouncilmen shall correspond, at the most, to thirty percent of the compensation of State Deputies; c) in Municipalities having between fifty thousand and one inhabitants and one hundred thousand inhabitants, the compensation of l ocal c ouncilmen shall correspond, at the most, to forty percent of the compensation of s tate Deputies; d) in Municipalities having between one hundred thousand and one inhabitants and three hundred thousand inhabitants, the compensation of Local Councilmen shall correspond, at the most, to fifty percent of the compensation of State Deputies; e) in Municipalities having between three hundred thousand and one inhabitants and five hundred thousand inhabitants, the compensation of l ocal c ouncilmen shall correspond, at the most, to sixty percent of the compensation of State Deputies; f) in Municipalities having over five hundred thousand inhabitants, the compensation of lo cal co uncilmen shall correspond, at the most, to seventy- five percent of the compensation of State Deputies; miolo_constitution_versao_camara.indd 38 17/6/2010 15:01:01 The Organization of the State 39 vii – the total expenditure with the remuneration of the c ity c ouncilmen may not exceed the amount of five percent of the revenue of the Municipality; v iii – inviolability of the co uncilmen on account of their opinions, words and votes while in office and within the jurisdiction of the municipality; IX – prohibitions and incompatibilities, while in the exercise of the office of c ity c ouncilman, similar, where applicable, to the provisions of this c onstitution for the members of the n ational c ongress and of the c onstitution of the respective state for the members of the Legislative Assembly; X – trial of the Mayor before the Court of Justice; XI – organization of the legislative and supervisory functions of the Municipal Chamber; XII – cooperation of the representative associations in municipal planning; XIII – public initiative in the presenting of bills of specific interest to the municipality, the city or the neighborhoods, by means of the manifestation of at least five percent of the electorate; XIV – loss of the office of mayor, as provided in article 28, sole paragraph. 2 ar ticle 29- a. th e total expenditures of the Municipal le gislative br anch, including the compensation of l ocal c ouncilmen and excluding outlays on retired personnel, may not exceed the following percentages, related to the total amount, effectively realized in the prior year, of tax revenues and the transfers set forth in paragraph 5 of article 153, and in articles 158 and 159: (CA No. 25, 2000; CA No. 58, 2009) I – 7% (seven percent) in the case of Municipalities having up to 100,000 (one hundred thousand) inhabitants; II – 6% (six percent) in the case of Municipalities having between 100,000 (one hundred thousand) and 300,000 (three hundred thousand) inhabitants; III – 5% (five percent) in the case of Municipalities having between 300,001 (three hundred thousand and one) inhabitants and 500,000 (five hundred thousand) inhabitants; IV – 4.5% (four and five tenths per cent) in the case of Municipalities having between 500,001 (five hundred thousand and one) and 3,000,000 (three million) inhabitants; V – 4% (four percent) in the case of Municipalities having between 3,000,001 (three million and one) and 8,000,000 (eight million) inhabitants; VI – 3.5% (three and five tenths per cent) in the case of Municipalities having over 8,000,001 (eight million and one) inhabitants. p aragraph 1. t he town c ouncil shall not spend more than seventy percent of its allocation on the payroll, including expenses on the compensation of its member councilmen. 2 should read as “paragraph 1”, by virtue of the provisions of a rticle 2 of ca no. 19/1998. miolo_constitution_versao_camara.indd 39 17/6/2010 15:01:01 Constitution of the Federative Republic of Brazil 40 pa ragraph 2. th e following acts of the Municipal Mayor are crimes of malversation: I – to effect a remittance in excess of the limits stipulated in this article; II – not to effect a remittance before the twentieth day of each month; iii – to effect a remittance below the proportion stipulated in the b udgetary l aw. p aragraph 3. i t shall be a crime of malversation for the p resident of the town c ouncil to disobey paragraph 1 of this article. a rticle 30. The municipalities have the power to: (CA No. 53, 2006) I – legislate upon matters of local interest;II – supplement federal and state legislations where pertinent;III – institute and collect taxes within their jurisdiction, as well as to apply their revenues, without prejudice to the obligation of rendering accounts and publishing balance sheets within the periods established by law; IV – create, organize and suppress districts, with due regard for the state legislation; V – organize and render, directly or by concession or permission, the public services of local interest, including mass-transportation, which is of essential nature; VI – maintain, with the technical and financial cooperation of the Federal Government and the state, programs of infant and elementary school education; VII – provide, with the technical and financial cooperation of the Union and the state, health services to the population; viii – promote, wherever pertinent, adequate territorial ordaining, by means of planning and control of use, apportionment and occupation of the urban soil; i X – promote the protection of the local historic and cultural heritage, with due regard for federal and state legislation and supervision. a rticle 31. s upervision of the municipality shall be exercised by the municipal legislature, through outside control, and by the internal control systems of the municipal executive branch, in the manner called for by law. pa ragraph 1. ou tside control of the Municipal ch amber shall be exercised with the assistance of the state or municipal a udit c ourt, or of the Municipal a udit c ouncils or c ourts, where they exist. p aragraph 2. th e prior report, issued by the competent agency, on the accounts to be rendered annually by the Mayor, shall not prevail only by a decision of two-thirds of the members of the c ity c ouncil. pa ragraph 3. th e accounts of the municipalities shall remain, for sixty days annually, at the disposal, for examination and consideration, of any taxpayer, who may question their legitimacy, as the law provides. miolo_constitution_versao_camara.indd 40 17/6/2010 15:01:01 The Organization of the State 41 paragraph 4. the creation of municipal courts, councils or agencies of accounts is forbidden. CH a P te R V t he f ederal d istrict and the territories se C tion i t he f ederal d istrict ar ticle 32. th e fe deral di strict, which may not be divided into municipalities, shall be governed by an organic law, voted in two readings, with a minimum interval of ten days, and approved by two-thirds of the l egislative c hamber, which shall enact it, in accordance with the principles set forth in this c onstitution. p aragraph 1. t he legislative powers reserved to the states and municipalities are attributed to the f ederal d istrict. p aragraph 2. t he election of the Governor and the vice-Governor , complying with the rules of article 77, and of the District Deputies shall coincide with that of the state Governors and Deputies, for a term of office of the same duration. Paragraph 3. The provisions of article 27 apply to the District Deputies and the l egislative c hamber. p aragraph 4. a federal law shall provide for the use, by the Government of the Federal District, of the civil and military polices and the military fire brigade. se C tion ii t he territories a rticle 33. The law shall provide for the administrative and judicial organization of the territories. p aragraph 1. t he territories may be divided into municipalities, to which the provisions of c hapter iv of this title shall be applied, insofar as pertinent. p aragraph 2. t he accounts of the Government of the territory shall be submitted to the n ational c ongress, with the prior opinion of the f ederal a udit c ourt. p aragraph 3. i n the federal territories with over a hundred thousand inhabitants, in addition to the Governor, appointed as set forth in this c onstitution, there shall be judicial agencies of first and second instances, members of the Public Prosecution and Federal Public Legal Defenders; the law shall provide for the elections to the Territory Chamber and its decision-making powers. CH a P te R V i i ntervention a rticle 34. t he u nion shall not intervene in the states or in the f ederal d istrict, except: (CA No. 14, 1996; CA No. 29, 2000) miolo_constitution_versao_camara.indd 41 17/6/2010 15:01:01 Constitution of the Federative Republic of Brazil 42 I – to maintain national integrity; II – to repel foreign invasion or that of one unit of the Federation into another;III – to put an end to serious jeopardy to public order; iv – to guarantee the free exercise of any of the powers of the units of the Federation; V – to reorganize the finances of a unit of the Federation that:a) stops the payment of its funded debt for more than two consecutive years, except for reasons of force majeure; b) fails to deliver to the municipalities the tax revenues established in this Constitution, within the periods of time set forth by law; VI – to provide for the enforcement of federal law, judicial order or decision;VII – to ensure compliance with the following constitutional principles: a) republican form, representative system and democratic regime;b) rights of the human person;c) municipal autonomy;d) rendering of accounts of the direct and indirect public administration;e) the application of the minimum required amount of the revenues resulting from state taxes, including revenues originating from transfers, to the maintenance and development of education and to health actions and public services. a rticle 35. t he state shall not intervene in its municipalities, neither the u nion in the municipalities located in a federal territory, except when: (CA No. 29, 2000) i – the funded debt is not paid for two consecutive years, without reasons of force majeure; II – the due accounts are not rendered, in the manner prescribed by law; iii – the minimum required amount of the municipal revenues has not been applied to the maintenance and development of education and to health actions and public services; i v – the co urt of Justice grants a petition to ensure observance of the principles indicated in the state Constitution or to provide for the enforcement of the law, judicial order or decision. a rticle 36. The issuance of a decree of intervention shall depend: (CA No. 45, 2004) i – on a request from the coerced or impeded l egislative or e xecutive p ower, or on a requisition from the su preme fe deral co urt, if the coercion is exercised against the Judicial Power, in the case of article 34, IV; II – in case of disobedience to a judicial order or decision, on a requisition from the s upreme f ederal c ourt, the s uperior c ourt of Justice or the s uperior e lectoral Court; miolo_constitution_versao_camara.indd 42 17/6/2010 15:01:01 The Organization of the State 43 iii – on the granting of a petition from the a ttorney-General of the r epublic by the s upreme f ederal c ourt, in the case of article 34, vii , and in the case of refusal to enforce a federal law; IV – (Revoked). pa ragraph 1. th e decree of intervention, which shall specify the extent, the period and the conditions of enforcement and which, if pertinent, shall appoint the intervenor, shall be submitted to the n ational c ongress or the s tate l egislative a ssembly for consideration, within twenty-four hours. p aragraph 2. i f the n ational c ongress or the l egislative a ssembly are not in session, a special session shall be called within the same twenty-four hours. p aragraph 3. i n the case of article 34, vi and vii , or article 35, iv, when the consideration by the n ational c ongress or the l egislative a ssembly may be waived, the decree shall be limited to suspending the enforcement of the impugned act, if such measure suffices to restore normality. pa ragraph 4. up on cessation of the reasons that caused the intervention, the authorities removed from their offices shall return to them, unless there is some legal impediment. CH a P te R V ii p ublic a dministration se C tion i General p rovisions ar ticle 37. th e governmental entities and entities owned by the Government in any of the powers of the un ion, the states, the fe deral di strict and the Municipalities shall obey the principles of lawfulness, impersonality, morality, publicity, and efficiency, and also the following: (CA No. 19, 1998; CA No. 20, 1998; CA No. 41, 2003; CA No. 42, 2003; CA No. 47, 2005) 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; 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; iii – the period of validity of a public entrance examination shall be up to two years, extendable once for a like period of time; i v – during the unextendable period established in the public call notice, a person who has passed a public entrance examination of tests, or of tests and presentation of academic and professional credentials, shall be called with priority over newly approved applicants, to take an office or position in the career; miolo_constitution_versao_camara.indd 43 17/6/2010 15:01:01 Constitution of the Federative Republic of Brazil 44 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 staf f, and assistants; VI – the right to free union association is guaranteed to civil servants; VII – the right to strike shall be exercised in the manner and within the limits defined by a specific law; VIII – the law shall reserve a percentage of public offices and positions for handicapped persons and shall define the criteria for their admittance; i X – the law shall establish the cases of hiring for a limited period of time to meet a temporary need of exceptional public interest; 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; XI – the remuneration and the compensation of the holders of public offices, functions, and positions in governmental entities, associate government agencies, and foundations; of the members of any of the Powers of the Union, of the States, 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, and the following limits shall be applied: in Municipalities, the compensation of the Mayor; in the States and in the Federal d istrict, the monthly compensation of the Governor in the sphere of the e xecutive b ranch, the compensation of s tate and f ederal d istrict d eputies in the sphere of the l egislative b ranch, and the compensation of the Judges of the s tate c ourt of Justice, limited to ninety and twenty-five hundredths percent of the monthly compensation, in legal tender, of the Justices of the s upreme f ederal c ourt in the sphere of the Judicial Branch, this limit being applicable to the members of the Office of the Public Interest Attorney, to Prosecutors, and to Public Legal Defenders; X ii – the salaries for positions of the l egislative and Judicial p owers may not be higher than those paid by the Executive Power; 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 iv – the pecuniary raises received by a government employee shall not be computed or accumulated for purposes of granting subsequent raises; XV – the compensation and the salaries of holders of public offices and positions may not be reduced, except for the 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: miolo_constitution_versao_camara.indd 44 17/6/2010 15:01:01 The Organization of the State 45 a) of two teaching positions; b) of one teaching position with another technical or scientific position; c) of two positions or jobs which are exclusive for health professionals, with regulated professions; X vii – 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; XVIII – the financial administration and its revenue officers shall, within their spheres of authority and jurisdiction, have the right to precedence over the other administrative sectors, as the law provides; 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; XX – the creation of subsidiaries of the agencies mentioned in the preceding item depends on legislative authorization, in each case, as well as the participation by any of them in a private company; XXI – with the exception of the cases specified in law, public works, services, purchases and disposals shall be contracted by public bidding proceedings that ensure equal conditions to all bidders, with clauses that establish payment obligations, maintaining the effective conditions of the bid, as the law provides, which shall only allow the requirements of technical and economic qualifications indispensable to guarantee the fulfilling of the obligations; XX i i – the tax administrations of the un ion, of the st ates, the fe deral di strict, and the Municipalities, whose activities are essential for the operation of the st ate and are exercised by employees of specific careers, shall have priority funds for the implementation of their activities and shall work in an integrated manner, including the sharing of tax rolls and fiscal information, under the terms of the law or of a covenant. Paragraph 1. The publicity of the acts, programmes, public works, services and campaigns of Government agencies shall be of educational, informative or social orientation character, and shall not contain names, symbols or images that characterize personal propaganda of Government authorities or employees. p aragraph 2. n on-compliance with the provisions of items ii and iii shall result in the nullity of the act and punishment of the responsible authority, as the law provides. pa ragraph 3. th e 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; ii – the access of users to administrative records and to information about Government initiatives, with due regard for article 5, items X and XXXIII; miolo_constitution_versao_camara.indd 45 17/6/2010 15:01:01 Constitution of the Federative Republic of Brazil 46 iii – the rules of a complaint against negligence or abuse in the exercise of an office, position or function in government services. p aragraph 4. a cts of administrative dishonesty shall result in the suspension of political rights, loss of public function, prohibition to transfer personal property and reimbursement to the p ublic treasury , in the manner and grading established by law, without prejudice to the applicable criminal action. p aragraph 5. t he law shall establish the limitations for illicit acts, performed by any agent, whether or not a Government employee, which cause losses to the p ublic Treasury, without prejudice to the respective claims for reimbursement. pa ragraph 6. pu blic legal entities and private legal entities rendering public services shall be liable for damages that any of their agents, acting as such, cause to third parties, ensuring the right of recourse against the liable agent in cases of malice or fault. Paragraph 7. The 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 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. Paragraph 9. T he provision of item XI applies to the public enterprises and to joint stock companies and their subsidiary companies which receive funds from the Union, the s tates, the f ederal d istrict, or the Municipalities for the payment of personnel expenditures or of general expenses. pa ragraph 10. re ceiving retirement pensions arising from article 40 or from articles 42 and 142, while at the same time receiving the remuneration of a public office, position or function is forbidden, with the exception of offices that may be accumulated under the terms of this Constitution, elective offices, and commission offices declared by law as being of free appointment and discharge. p aragraph 11. t he compensatory amounts set forth in law shall not be computed for the purposes of the remuneration limits referred to in item X i of the head paragraph of this article. p aragraph 12. f or the purposes provided by item X i of the head paragraph of this article, the s tates and the f ederal d istrict may stipulate, within their own sphere, by means of an amendment to their respective co nstitutions and or ganic la w, as a single limit, the monthly compensation of the Judges of the respective st ate co urt of Justice, limited to ninety and twenty-five hundredths percent of the monthly compensation miolo_constitution_versao_camara.indd 46 17/6/2010 15:01:01 The Organization of the State 47 of the Justices of the s upreme f ederal c ourt, and the provision of this paragraph shall not be applied to the compensation of s tate and f ederal d istrict d eputies and of c ity c ouncilmen. 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: (CA No. 19, 1998) I – in the case of a federal, state or district elective office, he shall leave his office, position or function; II – if vested with the office of Mayor, he shall take leave from his post, position or function and he may opt for the corresponding remuneration; III – if vested with the office of City Councilman, if there is compatibility of working hours, he shall receive the benefits of his post, position or function, without prejudice to the remuneration of his elective office and in the case there is no such compatibility, the provisions of the preceding item shall be applied; iv – in any case requiring leave of absence for the exercise of an elective office, his time of service shall be counted in full, for all legal effects, except for promotion by merit; V – for purposes of social security benefits, in the case of leave of absence, the amounts shall be established as if he were in activity. se C tion ii Government e mployees ( ca n o. 18, 1998) a rticle 39. t he u nion, the s tates, the f ederal d istrict and the Municipalities shall institute a board of administration policy and personnel remuneration policy, composed of public employees appointed by the respective b ranches. ( ca n o. 19, 1998) 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. pa ragraph 2. th e un ion, the st ates, and the fe deral di strict 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, XIII, XV , XVI, 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 47 17/6/2010 15:01:01 Constitution of the Federative Republic of Brazil 48 Paragraph 4. A member of one of the Branches, the holder of an elective office, the Ministers of st ate, and the members of st ate and lo cal ca binets 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 XI. p aragraph 5. t he legislation of the u nion, the s tates, the f ederal 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. The 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. The remuneration of public employees organized in a career may be established under the terms of paragraph 4. a rticle 40. e mployees holding effective posts in the u nion, the s tates, the f ederal di strict, and the Municipalities, therein included their associate government agencies and foundations, are ensured of a social security scheme on a contributory and solidary basis, with contributions from the respective public entity, from the current employees, retired personnel, and pensioners, with due regard for criteria that preserve financial and actuarial balance and for the provisions of this article. (CA No. 20, 1998; CA No. 41, 2003; CA No. 47, 2005) p aragraph 1. t he employees covered by the social security scheme set forth in this article shall go into retirement, their pensions being calculated according to the amounts stipulated under the terms of paragraphs 3 and 17: i – for permanent disability, with a pension in proportion to the period of contribution, except when such disability results from a work-related injury, a professional disease, or a serious, contagious, or incurable illness, under the terms of the law; ii – compulsorily, at seventy years of age, with a pension in proportion to the period of contribution; iii – voluntarily, upon completing at least ten years of effective exercise in public administration and five years in the effective post from which retirement is going to take place, with due regard for the following conditions: a) sixty years of age and thirty-five of contribution, if a man, and fifty-five years of age and thirty of contribution, if a woman; b) sixty-five years of age, if a man, and sixty, if a woman, with pay in proportion to the period of contribution. miolo_constitution_versao_camara.indd 48 17/6/2010 15:01:01 The Organization of the State 49 pa ragraph 2. at the time they are granted, retirement pensions and other pensions may not exceed the remuneration of the respective employee in the effective post from which he retired or which was taken as a parameter for the granting of the pension. p aragraph 3. t he calculation of the retirement pension, at the time retirement is granted, shall take into account the remunerations used as basis for the contributions of the employee to the social security schemes mentioned in this article and in article 201, under the terms of the law. pa ragraph 4. th e adoption of differentiated requirements and criteria for the granting of retirement to those covered by the scheme set forth in this article is forbidden, with the exception of the cases, as defined by supplementary laws, of employees: I – with disabilities; II – engaged in hazardous activities; i ii – engaged in activities carried out under special conditions which are harmful to health or to physical wholeness. p aragraph 5. t he requirements concerning age and period of contribution will be reduced by five years, as regards the provision of paragraph 1, item III, letter a, for teachers who document exclusively a period of effective exercise of teaching functions in children education and in elementary and secondary education. Paragraph 6. W ith the exception of the cases of retirement from posts that can be accumulated under the terms of this c onstitution, receiving more than one retirement pension charged to the social security scheme set forth in this article is forbidden. Paragraph 7. The law shall provide for the granting of the benefit of a death pension, which will be equal to: i – the total amount of the retirement pension of the deceased employee, up to the maximum limit established for the benefits of the general social security scheme referred to in article 201, increased by seventy percent of the amount in excess of this limit, if the employee had already retired on the date of his death; or ii – the total amount of the remuneration of the employee in the effective post he was holding on the date of his death, up to the maximum limit established for the benefits of the general social security scheme referred to in article 201, increased by seventy percent of the amount in excess of this limit, if the employee was in active service on the date of his death. Paragraph 8. Readjustment of the benefits is ensured, to the end that their real value is permanently maintained, in accordance with criteria established by law. pa ragraph 9. th e period of contribution in a federal, state, or municipal post shall be computed for the purpose of retirement, and the corresponding period of service shall be computed for the purpose of placement on paid availability. Paragraph 10. The law may not establish any method of computation of fictitious periods of contribution. Paragraph 11. T he limit set forth in article 37, XI, applies to the total amount of the retirement pension and other pensions, including those resulting from the accumulation of public posts or positions, as well as from other activities which must contribute to miolo_constitution_versao_camara.indd 49 17/6/2010 15:01:01 Constitution of the Federative Republic of Brazil 50 the general social security scheme, and to the amount resulting from the addition of pensions and the remuneration of a post which may be accumulated under the terms of this Constitution, a commission office declared by law as being of free appointment and discharge, and an elective office. pa ragraph 12. in addition to the provisions of this article, the social security scheme of government employees who hold effective posts shall comply, whenever appropriate, with the requirements and criteria stipulated for the general social security scheme. p aragraph 13. t he general social security scheme applies to employees who hold exclusively commission offices declared by law as being of free appointment and discharge, as well as other temporary posts or public positions. p aragraph 14. t he u nion, the s tates, the f ederal d istrict, and the Municipalities, provided that they establish a complementary social security scheme for their respective employees who hold effective posts, may stipulate, for the amount of retirement pensions and other pensions to be granted by the scheme referred to in this article, the maximum limit set forth for the benefits of the general social security scheme referred to in article 201. pa ragraph 15. th e complementary social security scheme referred to in paragraph 14 shall be instituted by an act of the respective e xecutive p ower, with due regard for the provisions of article 202 and its paragraphs, insofar as pertinent, through closed private pension plan companies, of a public nature, which will offer to their respective participants benefit plans exclusively in the defined contribution mode. p aragraph 16. t he provisions of paragraphs 14 and 15 may be applied to an employee who has entered public administration on or before the date of publication of the act which instituted the corresponding complementary social security scheme only if such employee has previously expressed such option. Paragraph 17. A ll remuneration amounts taken into account in the calculation of the benefit set forth in paragraph 3 shall be duly updated, under the terms of the law. p aragraph 18. a contribution shall be levied on retirement pensions and other pensions granted by the scheme referred to in this article if such pensions exceed the maximum limit established for the benefits of the general social security scheme mentioned in article 201, at a percentage equal to the one established for employees holding effective posts. Paragraph 19. E mployees referred to in this article who have fulfilled the requirements for voluntary retirement stipulated in paragraph 1, i ii, a, and who choose to remain working shall be entitled to a continuous activity bonus equivalent to the amount of their social security contribution until such date as they fulfill the requirements for compulsory retirement set forth in paragraph 1, ii . p aragraph 20. t he establishment of more than one special social security scheme for employees holding effective posts, and of more than one unit to manage the respective scheme in each state is forbidden, except for the provision of article 142, paragraph 3, X. p aragraph 21. t he contribution set forth in paragraph 18 of this article shall be levied only on the portions of retirement pensions and other pensions which exceed an amount equal to twice the maximum limit established for the benefits of the general miolo_constitution_versao_camara.indd 50 17/6/2010 15:01:01 The Organization of the State 51 social security scheme mentioned in article 201 of this Constitution, if the beneficiaries, under the terms of the law, suffer from incapacitating diseases. 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. ( ca n o. 19, 1998) Paragraph 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; iii – by means of a procedure of periodical appraisal of performance, under the terms of a supplementary law, ample defense being assured. Paragraph 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 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. se C tion iii t he Military of the s tates, of the f ederal d istrict and of the territories ( ca n o. 18, 1998) a rticle 42. t he members of the Military p olice and of the Military f ire b rigades, institutions whose organization is based on hierarchy and discipline, are military of the States, of the Federal District and of the Territories. (CA No. 18, 1998; CA No. 20, 1998; CA No. 41, 2003) Paragraph 1. T he provisions of article 14, paragraph 8; article 40, paragraph 9; and of article 142, paragraphs 2 and 3, apply to the military of the States, of the f ederal d istrict, and of the territories, 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 s tate Governors. Paragraph 2. T he provisions that may be established by a specific act of the respective state shall apply to the pensioners of the military of the s tates, of the f ederal d istrict, and of the territories. se C tion i V t he r egions a rticle 43. f or administrative purposes, the u nion may coordinate its action in one same social and geoeconomic complex, seeking to attain its development and to reduce regional inequalities. miolo_constitution_versao_camara.indd 51 17/6/2010 15:01:01 Constitution of the Federative Republic of Brazil 52 Paragraph 1. A supplementary law shall provide for: I – the conditions for the integration of developing regions; i i – the composition of the regional agencies which shall carry out, as provided by law, the regional plans included in the national social and economic development plans approved concurrently. pa ragraph 2. th e regional incentives shall include, besides others, as prescribed by law: i – equality of tariffs, freight rates, insurance and other cost and price items which are within the responsibility of the Government; II – favoured interest rates for the financing of priority activities; iii – exemptions, reductions or temporary deferment of federal taxes owed by individuals or by legal entities; i v – priority in the economic and social use of rivers and dammed or dammable water masses in low-income regions subject to periodical droughts. p aragraph 3. i n the areas referred to in paragraph 2, iv, the u nion shall grant incentives to the recovery of arid lands and shall cooperate with small and medium-size rural landowners in the implementing of water sources and small-scale irrigation in their tracts of land. miolo_constitution_versao_camara.indd 52 17/6/2010 15:01:01 The Organization of the Powers 53 title iV t he o rganization of the Powers CHaPteR i t he l egislative p ower se C tion i t he n ational c ongress a rticle 44. t he l egislative p ower is exercised by the n ational c ongress, which is composed of the c hamber of d eputies and the f ederal s enate. Sole paragraph. e ach legislative term shall have the duration of four years. ar ticle 45. th e ch amber of de puties is composed of representatives of the people, elected, by the proportional system, in each state, territory and in the f ederal d istrict. p aragraph 1. t he total number of d eputies, as well as the representation of the states and of the f ederal d istrict shall be established by a supplementary law, in proportion to the population, and the necessary adjustments shall be made in the year preceding the elections, so that none of those units of the f ederation has less than eight or more than seventy d eputies. p aragraph 2. e ach territory shall elect four d eputies. a rticle 46. t he f ederal s enate is composed of representatives of the states and of the Federal District, elected by a majority vote. p aragraph 1. e ach state and the f ederal d istrict shall elect three s enators for a term of office of eight years. p aragraph 2. o ne-third and two-thirds of the representation of each state and of the f ederal d istrict shall be renewed every four years, alternately. p aragraph 3. e ach s enator shall be elected with two substitutes. a rticle 47. e xcept where there is a constitutional provision to the contrary, the decisions of each House and of their committees shall be taken by a majority vote, when the absolute majority of its members is present. se C tion ii p owers of the n ational c ongress a rticle 48. t he n ational c ongress shall have the power, with the sanction of the President of the Republic, 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 Union and especially on: (CA No. 19, 1998; CA No. 32, 2001; CA No. 41, 2003) miolo_constitution_versao_camara.indd 53 17/6/2010 15:01:01 Constitution of the Federative Republic of Brazil 54 I – system of taxation, collection of taxes and income distribution; ii – pluriannual plan, budgetary directives, annual budget, credit transactions, public debt and issuance of currency; III – establishment and modification of Armed Forces troops; IV – national, regional and sectorial plans and programmes of development; v – boundaries of the national territory, air and maritime space and property of the Union; vi – incorporation, subdivision or dismemberment of areas of territories or states, after consulting with the respective Legislative Assembly; VII – temporary transference of the seat of the Federal Government;VIII – granting of amnesty;IX – administrative and judicial organization of the Public Prosecution and the Public Legal Defense of the Union and of the territories, and judicial organization of the Public Prosecution and the Public Legal Defense of the Federal District; X – creation, change, and abolishment of public offices, positions and functions, with due regard for article 84, vi , b; XI – creation and abolishment of Ministries and Government bodies; XII – telecommunications and radio broadcasting;XIII – financial, foreign exchange and monetary matters, financial institutions and their operations; XIV – currency, currency issuance limits, and amount of federal indebtedness;X v – stipulation of the compensation for the Justices of the s upreme f ederal Court, with due regard for articles 39, paragraph 4; 150, II; 153, III; and 153, paragraph 2, i . a rticle 49. It is exclusively the competence of the National Congress: (CA No. 19, 1998) i – to decide conclusively on international treaties, agreements or acts which result in charges or commitments that go against the national property; II – to authorize the President of the Republic to declare war, to make peace and to permit foreign forces to pass through the national territory or remain therein temporarily, with the exception of the cases provided by a supplementary law; III – to authorize the President and the Vice-President of the Republic to leave the country, when such absence exceeds fifteen days; IV – to approve a state of defense and federal intervention, authorize a state of siege or suspend any of these measures; v – to stop the normative acts of the e xecutive p ower which exceed their regimental authority or the limits of legislative delegation; VI – to transfer its seat temporarily; miolo_constitution_versao_camara.indd 54 17/6/2010 15:01:01 The Organization of the Powers 55 vii – to establish identical compensation for f ederal d eputies and s enators, 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 Republic and of the Ministers of State, taking into account the provisions of articles 37, XI, 39, paragraph 4, 150, II, 153, III, and 153, paragraph 2, I; iX – to examine each year the accounts rendered by the pr esident of the Republic and to consider the reports on the execution of Government plans; X – to supervise and control directly or through either of its h ouses, the acts of the Executive Power, including those of the indirect administration; X i – to ensure the preservation of legislative competence in the face of the normative incumbency of the other Powers; X ii – to consider the acts of concession and renewal of concession of radio and television stations; XIII – to choose two-thirds of the members of the Federal Audit Court; Xi v – to approve initiatives of the ex ecutive po wer referring to nuclear activities; XV – to authorize a referendum and to call a plebiscite;XVI – to authorize, in Indian lands, the exploitation and use of hydric resources and the prospecting and mining of mineral resources; X vii – to give prior approval to the disposal or concession of public lands with an area of over two thousand and five hundred hectares. ar ticle 50. th e ch amber of de puties and the fe deral se nate, or any of their committees, may summon a Minister of State or any chief officers of agencies directly subordinate to the p residency of the r epublic to personally render information on a previoulsy determined matter, and this absence without adequate justification shall constitute a crime of malversation: (RCA No. 2, 1994) p aragraph 1. t he Ministers of s tate may attend the f ederal s enate, the c hamber of d eputies or any of their committees, on their own initiative and by agreement with the respective d irecting b oard, to report on a matter of relevance to their Ministry. pa ragraph 2. th e di recting bo ards of the ch amber of de puties and of the fe deral s enate may forward to the Ministers of s tate, or any of the persons mentioned in the head paragraph of this article, written requests for information, and refusal or non-compliance, within a period of thirty days, as well as the rendering of false information, shall constitute a crime of malversation. se C tion iii t he c hamber of d eputies a rticle 51. It is exclusively the competence of the Chamber of Deputies: (CA No. 19, 1998) miolo_constitution_versao_camara.indd 55 17/6/2010 15:01:02 Constitution of the Federative Republic of Brazil 56 I – to authorize, by two-thirds of its members, legal proceeding to be initiated against the President and the Vice-President of the Republic and the Ministers of State; II – to effect the taking of accounts of the President of the Republic, when they are not presented to the n ational c ongress within sixty days of the opening of the legislative session; III – to draw up its internal regulations; 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; v – to elect the members of the co uncil of the re public, in the manner prescribed by article 89, vii . se C tion i V t he f ederal s enate a rticle 52. It is exclusively the competence of the Federal Senate: (CA No. 19, 1998; CA No. 23, 1999; CA No. 42, 2003; CA No. 45, 2004) i – to effect the legal proceeding and trial of the pr esident and vi ce-pr esident of the re public for crime of malversation, and the Ministers of st ate and the co mmanders of the Navy, the Army, and the Air Force for crimes of the same nature relating to those; ii – to effect the legal proceeding and trial of the Justices of the s upreme f ederal c ourt, the members of the n ational c ouncil of Justice and of the n ational c ouncil of the p ublic p rosecution, the a ttorney-General of the r epublic, and the Advocate-General of the Union for crimes of malversation; i ii – to give prior consent, by secret voting, after public hearing, on the selection of: a) judges, in the cases established in this Constitution; b) Justices of the fe deral au dit co urt appointed by the pr esident of the Republic; c) Governor of a territory;d) president and directors of the Central Bank;e) Attorney-General of the Republic;f) holders of other offices, as the law may determine; iv – to give prior approval, by secret voting, after closed hearing, on the selection of heads of permanent diplomatic missions; V – to authorize foreign transactions of a financial nature, of the interest of the Union, the states, the Federal District, the territories and the municipalities; vi – to establish, as proposed by the p resident of the r epublic, total limits for the entire amount of the consolidated debt of the u nion, the states, the f ederal District and the municipalities; miolo_constitution_versao_camara.indd 56 17/6/2010 15:01:02 The Organization of the Powers 57 vii – to provide for the total limits and conditions for foreign and domestic c redit transactions of the un ion, the states, the fe deral di strict and the municipalities, of their autonomous Government entities and other entities controlled by the f ederal Government; viii – to provide for limits and conditions for the concession of a guarantee by the Union in foreign and domestic credit transactions; i X – to establish total limits and conditions for the entire amount of the debt of the states, the Federal District and the municipalities; X – to stop the application, in full or in part, of a law declared unconstitutional by final decision of the Supreme Federal Court; XI – to approve, by absolute majority and by secret voting, the removal from office of the Attorney-General of the Republic before the end of his term of office; XII – to draw up its internal regulations; 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; X iv – to elect the members of the c ouncil of the r epublic, as established in article 89, vii . Xv – to carry out a regular assessment of the functionality of the na tional ta x sy stem, as regards its structure and components, as well as the performance of the tax administrations of the un ion, of the st ates, the fe deral di strict, and the Municipalities. Sole paragraph. i n the cases provided for in items i and ii , the c hief Justice of the s upreme f ederal c ourt shall act as p resident and the sentence, which may only be issued by two-thirds of the votes of the f ederal s enate, shall be limited to the loss of office with disqualification to hold any public office for a period of eight years, without prejudice to other applicable judicial sanctions. se C tion V d eputies and s enators a rticle 53. Deputies and Senators enjoy civil and criminal inviolability on account of any of their opinions, words and votes. ( ca n o. 35, 2001) Paragraph 1. Deputies and Senators, from the date of issuance of the certificate of election victory, shall be tried by the s upreme f ederal c ourt. Paragraph 2. From the date of issuance of the certificate of election victory, the members of the n ational c ongress may not be arrested, except in flagrante delicto of a non-bailable offense. i n such case, the case records shall be sent within twenty-four hours to the respective House, which, by the vote of the majority of its members, shall decide on the arrest. p aragraph 3. u pon receiving an accusation against a s enator or d eputy, for an offense committed after the issuance of the certificate of election victory, the Supreme miolo_constitution_versao_camara.indd 57 17/6/2010 15:01:02 Constitution of the Federative Republic of Brazil 58 federal c ourt shall inform the respective h ouse, which, by the initiative of a political party therein represented and by the vote of the majority of those House members, may, until such time as a final decision is issued, stay consideration of the action. pa ragraph 4. th e request for stay shall be examined by the respective ho use within the unextendable period of forty-five days as from its receipt by the Directing Board. pa ragraph 5. th e stay of proceedings shall suspend the limitation for the duration of the term of office. p aragraph 6. d eputies and s enators shall not be compelled to render testimony on information received or given by virtue of the exercise of their mandate, nor on persons who rendered them information or received information from them. Paragraph 7. I ncorporation into the Armed Forces of Deputies and Senators, even if they hold military rank and even in time of war shall depend upon the prior granting of permission by the respective h ouse. pa ragraph 8. th e immunities of de puties and se nators shall be maintained during a state of siege and may only be suspended by the vote of two-thirds of the members of the respective h ouse, in the case of acts committed outside the premises of c ongress, which are not compatible with the implementation of such measure. a rticle 54. Deputies and Senators may not: I – after the issuance of their certificate of electoral victory: a ) sign or maintain a contract with a public legal entity, autonomous Government agency, public company, mixed-capital company or public utility company, unless the contract is in accordance with uniform clauses; b) accept or hold a paid office, function or position including those from which they may be dismissed ad nutum in the entities mentioned in the preceding subitem; II – after taking office: a) be the owners, controllers or directors of a company which enjoys benefits arising from a contract with a public legal entity or perform a remunerated position therein; b) hold an office or function from which they may be dismissed ad nutum, in the entities mentioned in item i , a; c) act as lawyer in a cause in which any of the entities referred to in item i , a, has an interest; d) be the holders of more than one public elective position or office. a rticle 55. A Deputy or Senator shall lose his office: (RCA No. 6, 1994) I – if he violates any of the prohibitions established in the preceding article; II – if his conduct is declared incompatible with parliamentary decorum; iii – if he fails to appear, in each legislative session, at one-third of the regular sessions of the h ouse to which he belongs, except for a leave of absence or a mission authorized by the House concerned; miolo_constitution_versao_camara.indd 58 17/6/2010 15:01:02 The Organization of the Powers 59 IV – if his political rights have been lost or suspended; v – whenever decreed by the e lectoral c ourts, in the cases established in this Constitution; VI – if he is criminally convicted by a final and unappealable sentence. p aragraph 1. a buse of the prerogatives ensured to a c ongressman or the gaining of undue advantages, in addition to the cases defined in the internal regulations, is incompatible with parliamentary decorum. Paragraph 2. In the cases of items I, II and VI, loss of office shall be declared by the Chamber of Deputies or the Federal Senate, by secret voting and absolute majority, on the initiative of the respective d irecting b oard or of a political party represented in the n ational c ongress, full defense being ensured. p aragraph 3. i n the cases set forth in items iii to v, the loss shall be declared by the d irecting b oard of the respective h ouse, ex officio or upon the initiative of any of its members, or of a political party represented in the n ational c ongress, full defense being ensured. pa ragraph 4. th e resignation of a co ngressman submitted to a legal suit that aims at or may lead to loss of mandate, under the provisions of this article, will have its effects suspended until the final deliberations mentioned in paragraphs 2 and 3. a rticle 56. A Deputy or Senator shall not lose his office: I – if vested with the office of Minister of State, Governor of a territory, s ecretary of a state, of the f ederal d istrict, of a territory, of a state capital or head of a temporary diplomatic mission; ii – if on leave of absence from the respective h ouse, by virtue of illness or, without remuneration, to attend to private matters, provided that, in this case, the absence does not exceed one hundred and twenty days per legislative session. p aragraph 1. t he substitute shall be called in cases of vacancy, of investiture in the functions set forth in this article or of leave of absence exceeding one hundred and twenty days. p aragraph 2. u pon the occurrence of a vacancy and there being no substitute, if more than fifteen months remain before the end of the term of office, an election shall be held to fill it. pa ragraph 3. in the event of item i, the de puty or se nator may opt for the remuneration of the elective office. se C tion V i t he s essions a rticle 57. t he n ational c ongress shall meet each year in the f ederal c apital, from February 2 to July 17 and from August 1 to December 22. (CA No. 32, 2001; ca n o. 50, 2006) p aragraph 1. i f sessions scheduled for these dates fall on a s aturday, a s unday or a holiday, they shall be transferred to the subsequent workday. miolo_constitution_versao_camara.indd 59 17/6/2010 15:01:02 Constitution of the Federative Republic of Brazil 60 paragraph 2. the legislative session shall not be interrupted before the approval of the bill of budgetary directives. pa ragraph 3. in addition to other cases provided for in this co nstitution, the Chamber of Deputies and the Federal Senate shall meet in a joint session to: I – inaugurate the legislative session; ii – draw up the common regulations and regulate the creation of services common to both Houses; III – take the oath of the President and of the Vice-President of the Republic; IV – acknowledge a veto and resolve thereon. pa ragraph 4. bo th ho uses shall meet in a preparatory session, beginning fe bruary 1 of the first year of the legislative term, for the installation of its members and the election of the respective Directing Boards, for a term of office of two years, the re-election to the same office in the immediately subsequent election being prohibited. p aragraph 5. t he d irecting b oard of the n ational c ongress shall be presided by the President of the Federal Senate and the remaining offices shall be held, alternately, by the holders of equivalent offices in the Chamber of Deputies and in the Federal s enate. Paragraph 6. Special sessions of the National Congress shall be called: i – by the p resident of the f ederal s enate, in the event of a decree of a state of defense or of federal intervention, of a demand for the authorization to decree a state of siege and the taking of oath and inauguration of the President and the Vice-President of the Republic; ii – by the p resident of the r epublic, by the p residents of the c hamber of Deputies and of the Federal Senate, or by request of the majority of the members of both h ouses, in the event of urgency or important public interest, approval by the absolute majority of each House of the National Congress being required in all cases referred to in this item. Paragraph 7. I n a special legislative session, the National Congress shall deliberate only upon the matter for which it was called, exception being made for the event mentioned in paragraph 8 of this article, the payment of a compensatory amount by virtue of the special session being forbidden. p aragraph 8. i f there are provisional measures in effect on the date a special session of the n ational c ongress is called, they shall be automatically included in the agenda of the session. se C tion V ii t he c ommittees a rticle 58. t he n ational c ongress and both its h ouses shall have permanent and temporary committees, established in the manner and with the incumbencies set forth in the respective regulations or in the act from which their creation resulted. miolo_constitution_versao_camara.indd 60 17/6/2010 15:01:02 The Organization of the Powers 61 paragraph 1. in the composition of the d irecting b oards and of each committee, the proportional representation of the parties or the parliamentary groups which participate in the respective h ouse shall be ensured to the extent possible. p aragraph 2. t he committees have the power, on account of the matter under their authority: i – to debate and vote on bills of law which, in accordance with the regulations, are exempt from being submitted to the p lenary a ssembly, except in the event of an appeal from one-tenth of the members of the respective House; II – to hold public audiences with entities of civil society; iii – to summon Ministers of s tate to render information on matters inherent to their duties; iv – to receive petitions, claims, statements or complaints from any person against acts or omissions of Government authorities or entities; V – to request the testimony of any authority or citizen; VI – to examine construction work programs and national, regional and sectorial development plans and to report thereupon. paragr aph 3. parliamentar y inquiry committees, which shall have the powers of investigation inherent to the judicial authorities, in addition to other powers set forth in the regulations of the respective h ouses, shall be created by the c hamber of Deputies and by the Federal Senate, jointly or separately, upon the request of one-third of its members, to investigate a given fact and for a certain period of time, and their conclusions shall, if the case may be, be forwarded to the p ublic p rosecution to determine the civil or criminal liability of the offenders. p aragraph 4. d uring recess there shall be a committee to represent the n ational c ongress, elected by both its h ouses in the last regular session of the legislative session, with incumbencies defined in the common regulations, the composition of which shall repeat, to the extent possible, the proportional representation of the political parties. se C tion V iii t he l egislative p rocess subse C tion i General p rovision a rticle 59. The legislative process comprises the preparation of: I – amendments to the Constitution; II – supplementary laws;III – ordinary laws;IV – delegated laws; V – provisional measures; miolo_constitution_versao_camara.indd 61 17/6/2010 15:01:02 Constitution of the Federative Republic of Brazil 62 VI – legislative decrees; vii – resolutions. Sole paragraph. a supplementary law shall provide for the preparation, drafting, amendment and consolidation of laws. subse C tion ii a mendments to the c onstitution a rticle 60. The Constitution may be amended on the proposal of: i – at least one-third of the members of the c hamber of d eputies or of the Federal Senate; II – the President of the Republic; iii – more than one half of the l egislative a ssemblies of the units of the Federation, each of them expressing itself by the relative majority of its members. p aragraph 1. t he c onstitution shall not be amended while federal intervention, a state of defense or a state of siege is in force. pa ragraph 2. th e proposal shall be discussed and voted upon in each ho use of the n ational c ongress, in two readings, and it shall be considered approved if it obtains in both readings, three-fifths of the votes of the respective members. pa ragraph 3. an amendment to the co nstitution shall be promulgated by the di recting bo ards of the ch amber of de puties and the fe deral se nate with its respective sequence number. p aragraph 4. n o proposal of amendment shall be considered which is aimed at abolishing: I – the federative form of State; II – the direct, secret, universal and periodic vote;III – the separation of the Government Powers; iv – individual rights and guarantees. Paragraph 5. The matter dealt with in a proposal of amendment that is rejected or considered impaired shall not be the subject of another proposal in the same legislative session. subse C tion iii t he l aws ar ticle 61. th e initiative of supplementary and ordinary laws is within the competence of any member or committee of the ch amber of de puties and the fe deral s enate or the n ational c ongress, the p resident of the r epublic, the s upreme f ederal Court, the Superior Courts, the Attorney-General of the Republic and the citizens, in the manner and in the cases provided for in this Constitution. (CA No. 18, 1998; ca n o. 32, 2001) miolo_constitution_versao_camara.indd 62 17/6/2010 15:01:02 The Organization of the Powers 63 pa ragraph 1. it is the exclusive initiative of the pr esident of the re public to introduce laws that: I – determine or modify the number of Armed Forces troops; II – provide for:a) creation of public offices, functions or positions in the direct administration and in autonomous Government agencies or increases in their salaries; b) administrative and judicial organization, tax and budgetary matters, public services and administrative personnel of the territories; c) government employees of the u nion and territories, their legal statute, appointment to offices, tenure and retirement; d) organization of the Public Prosecution and of the Public Legal Defense of the Union, as well as general rules for the organization of the Public p rosecution and the p ublic l egal d efense of the states, the f ederal d istrict and the territories; e) creation and abolishment of Ministries and Government bodies, with due regard for the provision of article 84, VI; f) military of the Armed Forces, their legal statute, appointment to offices, promotions, tenure, remuneration, retirement, and transfer to the reserve. pa ragraph 2. th e initiative of the people may be exercised by means of the presentation to the c hamber of d eputies of a bill of law subscribed by at least one percent of the national electorate, distributed throughout at least five states, with not less than three-tenths of one percent of the voters in each of them. a rticle 62. i n important and urgent cases, the p resident of the r epublic may adopt provisional measures with the force of law and shall submit them to the n ational c ongress immediately. ( ca n o. 32, 2001) p aragraph 1. t he issuance of provisional measures is forbidden when the matter involved: I – deals with: a) nationality, citizenship, political rights, political parties, and election law;b) criminal law, criminal procedural law, and civil procedural law;c) organization of the Judicial Branch and of the Public Prosecution, the career and guarantees of their members; d) pluriannual plans, budgetary directives, budgets, and additional and supplementary credits, with the exception of the provision mentioned in article 167, paragraph 3; II – aims at the detention or seizure of goods, people’s savings, or any other financial asset; III – is reserved for a supplementary law; i v – has already been regulated by a bill of law passed by the na tional co ngress which is awaiting sanction or veto by the p resident of the r epublic. miolo_constitution_versao_camara.indd 63 17/6/2010 15:01:02 Constitution of the Federative Republic of Brazil 64 pa ragraph 2. a provisional measure to institute or increase taxes, with the exception of the taxes mentioned in articles 153, i , ii , iv, v, and 154, ii , shall only produce effects in the subsequent financial year if it has been converted into law before or on the last day of the financial year in which it was issued. Paragraph 3. W ith the exception of the provisions mentioned in paragraphs 11 and 12, provisional measures shall lose effectiveness from the day of their issuance if they are not converted into law within a period of sixty days, which may be extended once for an identical period of time under the terms of paragraph 7, and the National Congress shall issue a legislative decree to regulate the legal relations arising therefrom. p aragraph 4. t he period mentioned in paragraph 3 shall be counted from the date of publication of the provisional measure and shall be interrupted while the n ational c ongress is in recess. pa ragraph 5. de liberation by each ho use of the na tional co ngress upon the merits of provisional measures shall depend on prior determination of their compliance with the constitutional requirements. Paragraph 6. If a provisional measure is not examined within forty-five days as of its date of publication, it shall subsequently be forwarded to urgent consideration in each h ouse of the n ational c ongress, and the deliberation of all other legislative matters shall be suspended in the h ouse where it is under consideration, until such time as voting is concluded. Paragraph 7. I f the voting of a provisional measure is not concluded in both Houses of the n ational c ongress within the period of sixty days as of its date of publication, its period of effectiveness may be extended once for an identical period of time. pa ragraph 8. th e voting of provisional measures shall start in the ho use of d eputies. Paragraph 9. I t is incumbent upon the joint committee of Deputies and Senators to examine provisional measures and issue an opinion thereon, before they are submitted to floor action in each House of the National Congress in a separate session. pa ragraph 10. it is forbidden to reissue a provisional measure in the same legislative session in which it was rejected or lost its effectiveness due to lapse of time. p aragraph 11. i f the legislative decree mentioned in paragraph 3 is not issued within sixty days as of the date the provisional measure was rejected or lost its effectiveness, the legal relations constituted and arising from acts performed during its period of effectiveness shall still be regulated by such provisional measure. p aragraph 12. s hould a bill of law be passed that alters the original text of a provisional measure, the latter will remain effective in full until such date as the bill is sanctioned or vetoed. a rticle 63. An increase in expenditure proposals shall not be admitted: i – in bills of the exclusive initiative of the p resident of the r epublic, except for the provisions of article 166, paragraphs 3 and 4; II – in bills concerning the organization of the administrative services of the ch amber of de puties, the fe deral se nate, the fe deral co urts and the pu blic pr osecution. miolo_constitution_versao_camara.indd 64 17/6/2010 15:01:02 The Organization of the Powers 65