Article 9 of the Constitution of Brazil

I of article 102; paragraph 4 of article 103; and paragraphs 1 to 3 of article 111. a rticle 10. t his c onstitutional a mendment shall come into force on the date of its publication. b rasília, d ecember 8, 2004. THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Deputy João Paulo Cunha, p resident – d eputy Inocêncio Oliveira, f irst vice-p resident – d eputy Luiz Piauhylino , se cond vi ce-pr esident – de puty Geddel Vieira Lima , fi rst se cretary – d eputy Severino Cavalcanti, s econd s ecretary – d eputy Nilton Capixaba, t hird s ecretary – d eputy Ciro Nogueira, f ourth s ecretary. THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator José Sarney, p resident – s enator Paulo Paim, f irst vice- p resident – s enator Eduardo Siqueira Campos, s econd vice- p resident – s enator Romeu Tuma, f irst s ecretary – s enator Alberto Silva , se cond se cretary – se nator Heráclito Fortes , th ird se cretary – se nator Sérgio Zambiasi, f ourth s ecretary. p ublished in the Official Journal , d ecember 31, 2004. miolo_constitution_versao_camara.indd 343 17/6/2010 15:01:16 Constitution of the Federative Republic of Brazil 344 Constitutional amen D ment n o. 46, 2005 Alters item IV of article 20 of the Federal Constitution. t he d irecting b oards of the c hamber of d eputies and of the f ederal s enate, under the terms of paragraph 3 of article 60 of the f ederal c onstitution, promulgate the following Amendment to the constitutional text: a rticle 1. i tem iv of article 20 of the f ederal c onstitution shall henceforth read as follows: “ a rticle 20. .............................................................................. .................................................................................................. 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; ................................................................................................ ” a rticle 2. t his c onstitutional a mendment shall come into force on the date of its publication. b rasília, May 5, 2005. THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: d eputy Severino Cavalcanti , p resident – d eputy José Thomaz Nonô, f irst vice-p resident – d eputy Ciro Nogueira , se cond vi ce-pr esident – de puty Inocêncio Oliveira , fi rst se cretary – de puty Nilton Capixaba , se cond se cretary – de puty Eduardo Gomes , th ird se cretary – d eputy João Caldas, f ourth s ecretary. THE DIRECTING BOARD OF THE FEDERAL SENATE: se nator Renan Calheiros , pr esident – se nator Tião Viana , fi rst vi ce-pr esident – Antero Paes de Barros , se cond vi ce-pr esident – se nator Efraim Morais , fi rst se cretary – se nator João Alberto Souza , se cond se cretary – se nator Paulo Octávio , th ird se cretary – se nator Eduardo Siqueira Campos , fo urth se cretary. p ublished in the Official Journal , May 6, 2005. miolo_constitution_versao_camara.indd 344 17/6/2010 15:01:16 Constitutional Amendments 345 Constitutional amen D ment n o. 47, 2005 Alters articles 37, 40, 195, and 201 of the Federal Constitution, to provide for social security, and makes further provisions. t he d irecting b oards of the c hamber of d eputies and of the f ederal s enate, under the terms of paragraph 3 of article 60, of the f ederal c onstitution, promulgate the following Amendment to the constitutional text: a rticle 1. Articles 37, 40, 195, and 201 of the Federal Constitution shall henceforth read as follows: “Article 37. .............................................................................. .................................................................................................. p aragraph 11. the 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. pa ragraph 12. fo r 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 s tate Court of Justice, limited to ninety and twenty-five hundredths percent of the monthly compensation of the Justices of the su preme fe deral co urt, 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 40. .............................................................................. p aragraph 4. t he 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; iii – engaged in activities carried out under special conditions which are harmful to health or to physical wholeness................................................................................................... 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 social miolo_constitution_versao_camara.indd 345 17/6/2010 15:01:16 Constitution of the Federative Republic of Brazil 346 security scheme mentioned in article 201 of this c onstitution, if the beneficiaries, under the terms of the law, suffer from incapacitating diseases.” “ a rticle 195. ............................................................................ .................................................................................................. p aragraph 9. t he welfare contributions set forth in item i of the head paragraph of this article may have differentiated rates or assessment bases, according to the economic activity, the intensive use of labour, the size of the company, or the structural situation of the labour market. ................................................................................................ ”“ a rticle 201. ............................................................................ p aragraph 1. t he adoption of differentiated requirements and criteria for the granting of retirement to the beneficiaries of the general social security scheme is forbidden, with the exception of the cases, as defined by a supplementary law, of activities carried out under special conditions which are harmful to health or to physical wholeness, and of cases in which the insured are persons with disabilities. .................................................................................................. p aragraph 12. t he law shall provide for a special system to include low-income workers in the social security system, as well as to include no-income persons who are engaged exclusively in household chores within their own homes, provided that they belong to low-income families, so that they have guaranteed access to benefits at an amount equal to one monthly minimum salary. pa ragraph 13. th e rates and grace periods of the special system of inclusion in the social security system referred to in paragraph 12 of this article shall be lower than those in effect for other insured participants of the general social security scheme.” a rticle 2. The provisions of article 7 of Constitutional Amendment no. 41, 2003, shall apply to the retirement pensions of government employees who go into retirement pursuant to the head paragraph of article 6 of said a mendment. a rticle 3. W ithout prejudice to the right to opt for retirement in accordance with the rules established by article 40 of the f ederal c onstitution or the rules established by articles 2 and 6 of c onstitutional a mendment no. 41, 2003, an employee of the un ion, the st ates, the fe deral di strict, and the Municipalities, including their associate government agencies and foundations, who has entered public administration on or before d ecember 16, 1998, may go into retirement with full pay, provided that such employee meets the following cumulative conditions: miolo_constitution_versao_camara.indd 346 17/6/2010 15:01:16 Constitutional Amendments 347 I – thirty-five years of contribution, if a man, and thirty years of contribution, if a woman; II – twenty-five years of effective exercise in public administration, fifteen years in the career, and five years in the effective post from which retirement is going to take place; iii – a minimum age resulting from the reduction, as regards the limits set forth by article 40, paragraph 1, item iii , letter “a”, of the f ederal c onstitution, of one year of age for each year of contribution which exceeds the condition set forth in item i of the head paragraph of this article. Sole paragraph. The provisions of article 7 of Constitutional Amendment no. 41, 2003, shall apply to the retirement pensions granted pursuant to this article, and such revision criterion shall also be applied to pensions deriving from the retirement pensions of deceased employees who went into retirement pursuant to this article. a rticle 4. Until such time as the law referred to in paragraph 11 of article 37 of the Federal Constitution is enacted, no compensatory amount as defined by the legislation in effect on the date of publication of c onstitutional a mendment no. 41, 2003, shall be computed for the purposes of the remuneration limits set forth in item X i of the head paragraph of said article. a rticle 5. t he sole paragraph of article 6 of c onstitutional a mendment no. 41, December 19, 2003, is hereby revoked. a rticle 6. t his c onstitutional a mendment shall come into force on the date of its publication, and its effects shall be retroactive to the date c onstitutional a mendment no. 41, 2003, came into force. b rasília, July 5, 2005. THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: d eputy Severino Cavalcanti , p resident – d eputy José Thomaz Nonô, f irst vice-p resident – d eputy Ciro Nogueira , se cond vi ce-pr esident – de puty Inocêncio Oliveira , fi rst se cretary – d eputy Eduardo Gomes, t hird s ecretary – d eputy João Caldas, f ourth s ecretary. THE DIRECTING BOARD OF THE FEDERAL SENATE: se nator Renan Calheiros , p resident – s enator Tião Viana, f irst vice- p resident – s enator Efraim Morais, f irst se cretary – se nator Paulo Octávio , th ird se cretary – se nator Eduardo Siqueira Campos, f ourth s ecretary. p ublished in the Official Journal , July 6, 2005. miolo_constitution_versao_camara.indd 347 17/6/2010 15:01:16 Constitution of the Federative Republic of Brazil 348 Constitutional amen D ment n o. 48, 2005 Adds paragraph 3 to article 215 of the Federal Constitution, to institute the National Culture Plan. th e di recting bo ards of the ch amber of de puties and of the fe deral se nate, under the terms of article 60, of the fe deral co nstitution, promulgate the following am endment to the constitutional text: ar ticle 1. ar ticle 215 of the fe deral co nstitution shall henceforth include the following paragraph 3: “ a rticle 215. . ........................................................................... .................................................................................................. p aragraph 3. t he law shall establish the n ational c ulture p lan, in the form of a multiyear plan aimed at the cultural development of the country and the integration of government initiatives to attain the following: I – protection and appreciation of the value of Brazil’s cultural heritage; II – production, promotion, and diffusion of cultural goods; III – training of qualified personnel to manage culture in its multiple dimensions; IV – democratization of access to cultural goods; v – appreciation of the value of ethnic and regional diversity.” a rticle 2. t his c onstitutional a mendment shall come into force on the date of its publication. b rasília, a ugust 10, 2005. THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: d eputy Severino Cavalcanti , p resident – d eputy José Thomaz Nonô, f irst vice-p resident – d eputy Ciro Nogueira , se cond vi ce-pr esident – de puty Inocêncio Oliveira , fi rst se cretary – de puty Nilton Capixaba , se cond se cretary – de puty Eduardo Gomes , th ird se cretary – d eputy João Caldas, f ourth s ecretary. THE DIRECTING BOARD OF THE FEDERAL SENATE: se nator Renan Calheiros , p resident – s enator Tião Viana, f irst vice- p resident – s enator Efraim Morais, f irst se cretary – se nator Paulo Octávio , th ird se cretary – se nator Eduardo Siqueira Campos, f ourth s ecretary. p ublished in the Official Journal , a ugust 11, 2005. miolo_constitution_versao_camara.indd 348 17/6/2010 15:01:16 Constitutional Amendments 349 Constitutional amen D ment n o. 49, 2006 Alters the wording of letter “b” and adds letter “c” to item XXIII of the head paragraph of article 21, and alters the wording of item V of the head paragraph of article 177 of the Federal Constitution so as to exclude the production, sale, and use of short-lived radioisotopes for medical, agricultural, and industrial purposes from the monopoly of the Union. t he d irecting b oards of the c hamber of d eputies and of the f ederal s enate, under the terms of article 60 of the f ederal c onstitution, enact the following a mendment to the constitutional text: a rticle 1. i tem XX iii of article 21 of the f ederal c onstitution shall henceforth read as follows: “ a rticle 21. .............................................................................. .................................................................................................. XX iii – .................................................................................... 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; ................................................................................................ ” a rticle 2. Item V of the head paragraph of article 177 of the Federal Constitution shall henceforth read as follows: “Article 177. ............................................................................ .................................................................................................. v – prospecting, mining, enrichment, reprocessing, industrialization, and trading of nuclear mineral ores and minerals and their by-products, with the exception of radioisotopes whose production, sale, and use may be authorized under a permission, in accordance with letters b and c of item XX iii of the head paragraph of article 21 of this f ederal c onstitution. ................................................................................................ ” miolo_constitution_versao_camara.indd 349 17/6/2010 15:01:16 Constitution of the Federative Republic of Brazil 350