# Article 9 of the Constitution of Brazil

- Jurisdiction: Brazil (BR)
- Article: 9
- Chapter (as indexed): Chapter II: – Social
- Source document: Brazil Constitution
- Canonical (HTML): https://www.portablelaw.com/provision/dc9b6364-da6b-4426-9725-daa4c9645be6
- This document: https://www.portablelaw.com/provision/dc9b6364-da6b-4426-9725-daa4c9645be6/md
- Constitution: https://www.portablelaw.com/countries/561c3433-2160-4ca0-8e5a-8f5e9dbd522c

## Verbatim text

````
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
````

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

- The index files this text under article 9 of the Constitution of Brazil.
- The index files it under the chapter heading “Chapter II: – Social”.
- The passage runs to about 2,402 words.
- Read plainly, it mentions assembly and association — it protects gathering together or joining a group, union or party (the words used: “associate”); it mentions equality and non-discrimination — it requires equal treatment or forbids discrimination (the words used: “equal”); it mentions pay and pensions — it sets pay, salary, allowance or pension terms (the words used: “remuneration”).
- **Caveat:** The row’s stored title is a body fragment, not a heading (“The following are hereby revoked: item IV of article 36; letter h of item”), so it is not used as the provision’s title here.
- **Caveat:** The index gives this passage an article number but stores a body fragment where a heading would be, so the number could not be cross-checked against the text. Check it against the official Constitution before relying on it in a citation.

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

## How to cite this

Constitution of Brazil, article 9, Portable Lawyer, https://www.portablelaw.com/provision/dc9b6364-da6b-4426-9725-daa4c9645be6 (accessed 27 September 2026).

## Related

- [Constitution of Brazil](https://www.portablelaw.com/countries/561c3433-2160-4ca0-8e5a-8f5e9dbd522c)
- [Brazil on Portable Lawyer](https://www.portablelaw.com/countries/561c3433-2160-4ca0-8e5a-8f5e9dbd522c)
- [HTML version of this provision](https://www.portablelaw.com/provision/dc9b6364-da6b-4426-9725-daa4c9645be6)
- [Machine-readable corpus digest](https://www.portablelaw.com/llms-full.txt)

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Portable Lawyer · Article 9 of the Constitution of Brazil (chapter: “Chapter II: – Social”). 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…