CONSTITUTION OF BRAZIL
See also:
TEMPORARY CONSTITUTIONAL PROVISIONS ACT
Article 1. The President of the Republic, the President of the Supreme
Federal Court and the members of the National Congress shall take an oath to
maintain, defend and comply with the Constitution, upon and on the date of the
promulgation thereof.
Article 2. On September 7, 1993, the voters shall define, through a
plebiscite, the form (republic or constitutional monarchy) and system of
government (parliamentary or presidential) to be in force in Brazil.
Paragraph 1 - The free diffusion of these forms and systems through public
utility mass communication vehicles shall be free of charge.
Paragraph 2 - The Superior Electoral Court shall, upon promulgation of the
Constitution, issue the regulatory rules for this article.
Article 3. The revision of the Constitution shall be effected after
five years as of its promulgation, by the vote of the absolute majority of the
members of the National Congress in a unicameral session.
Article 4. The term of office of the incumbent President of the
Republic shall end on March 15, 1990.
Paragraph 1 - The first election for President of the Republic after
promulgation of the Constitution shall be held on November 15, 1989, and the
provisions of article 16 of the Constitution shall not apply thereto.
Paragraph 2 - The irreducibility of the present representation of the states
and the Federal District in the Chamber of Deputies is ensured.
Paragraph 3 - The terms of office of the Governors and of the Vice-Governors
elected on November 15, 1986 shall end on March 15, 1991.
Paragraph 4 - The terms of office of the present Mayors, Vice-Mayors and City
Councilmen shall end on January 1, 1989, with the inauguration of those elected.
Article 5. The provisions of article 16 and the rules of article 77 of
the Constitution do not apply to the elections scheduled for November 15th 1988.
Paragraph 1 - For the elections of November 15,1988, an electoral domicile in
the electoral district of at least four months prior to the election shall be
required, and the candidates who fulfill this requirement and satisfy the other
legal requisites may register with the Electoral Courts after the Constitution
is promulgated.
Paragraph 2 - In the absence of a specific legal rule, it shall be incumbent
upon the Superior Electoral Court to issue the rules required to hold the 198B
elections, with due regard for the laws in force.
Paragraph 3 - Present Federal Congressmen and State Representatives elected
for the office of Vice-Mayor, if called to exercise the office of Mayor, shall
not lose their parliamentary office.
Paragraph 4 - The number of Councilmen per municipality shall be determined,
for the representation to be elected in 1988, by the respective Regional
Electoral Court, with due regard for the limits established in article 29, IV,
of the Constitution.
Paragraph 5 - For the elections to be held on November 15, 1988, except for
those who already hold an elective office, the spouse and relatives by blood or
marriage up to the second degree or relatives by adoption of the President of
the Republic, of a State Governor, or the Governor of the Federal District and
of a Mayor who have served more than half of their term of office, are
ineligible for any office within the jurisdiction of the office holder.
Article 6. Federal Congressmen may, during the six months following the
promulgation of the Constitution, and forming a group of at least thirty,
request from the Superior Electoral Court the registration of a new political
party, the petition to be accompanied by the respective manifest, the by-laws
and the programme duly signed by the petitioners.
Paragraph 1 - The provisional registration, which shall be promptly granted
by the Superior Electoral Court, according to this article, grants to the new
party all rights, duties and prerogatives of the existing parties, among which
the right to take part, under its own name, in the elections to be held during
the twelve months following its formation.
Paragraph 2 - The new party shall automatically lose its provisional
registration if, within twenty-four months of its formation, it fails to obtain
the final registration at the Superior Electoral Court, as established by law.
Article 7. Brazil shall strive for the creation of an international
court of human rights.
Article 8. Amnesty is granted to those who, during the period from
September 18, 1946, to the date the Constitution is promulgated, have been
affected exclusively for political reasons, by institutional or supplementary
acts of exception, to those encompassed in Legislative Decree No. 18, of
December 15, 1961, and to those affected by Decree-Law No. 846, of September 12
1969, ensuring the promotions, in their inactivity, to the office, position or
rank to which they would be entitled if they were in active service. with due
regard for the periods of continuous activity set forth in laws and regulations
in force, respecting the characteristics and peculiarities of the careers-of
civil and military public servants and complying with the respective legal
regimes.
Paragraph 1 - The provisions of this article shall only generate financial
effects as from the promulgation of the Constitution, any kind of retroactive
compensation being forbidden.
Paragraph 2 - The benefits established in this article are ensured to workers
of the private sector, union officers and representatives who, for exclusively
political reasons, have been punished, dismissed or compelled to leave the
remunerated activities they had been performing, as well as to those who have
been prevented from performing their professional activities by virtue of
ostensive pressures or secret official procedures.
Paragraph 3 - Reparation of economic nature shall be granted, as set forth by
a law to be proposed by the National Congress and to become effective within
twelve months counted from the promulgation of the Constitution, to citizens who
were prevented from performing, as civilians, a specific professional activity
by virtue of Reserved Ordinances of the Ministry of the Air Force No. S-50-GM5
of June 19, 1964, and No. S-285-GM5.
Paragraph 4 - To those who, by virtue of institutional acts, have
gratuitously exercised elective offices of city councilmen, the respective
periods shall be computed for purposes of social security and retirement from
civil service.
Paragraph 5 - The amnesty granted under this article applies to civil
servants and to employees at all levels of government or at its foundations,
state-owned companies or mixed capital companies under state control, except in
the military Ministries, who have been punished or dismissed from professional
activities interrupted by decision of their employees, as well as by virtue of
Decree-Law No. 1,632, of August 4, 1978, or for exclusively political reasons,
the readmission of those affected as from 1979 being ensured, with due regard
for the provisions of paragraph 1.
Article 9. Those who, for exclusively political reasons, were
disfranchised or had their political rights suspended during the period from
July 15 to December 31, 1969, by an act of the then President of the Republic,
may request the Supreme Federal Court to acknowledge the rights and advantages
interrupted by the punitive acts, provided that they prove that such acts were
marked by gross flaws.
Sole paragraph - The Supreme Federal Court shall pronounce its decision
within one hundred and twenty days as from the request of the interested party.
Article 10. Until the supplementary law referred to in article 7, I, of
the Constitution is promulgated:
I - the protection referred to therein is limited to the increase, to four
times, of the percentage set forth in article 6, caption and paragraph l, of
the Law No. 5,107 of September 13, 1966;
II - arbitrary dismissal or dismissal without just cause is prohibited:
a) of an employee elected to an executive office of internal accident
prevention committees, from the date of the registration of his candidacy to
one year after the end of his term of office;
b) of a pregnant employee, from the date the pregnancy is confirmed to five
months after delivery.
Paragraph 1 - Until such time as the
law shall regulate the provisions of article 7, XIX of the Constitution, the
period of paternity leave referred to in the item is of five days.
Paragraph 2 - Until further legal provisions are established, the
contributions to fund the activities of rural unions shall be collected together
with the rural property tax, by the same collecting agency.
Paragraph 3 - Upon the first proof of fulfillment of labour obligations by
rural employers, as established by article 233, after the promulgation of the
Constitution, the conformity of the contract to the law and of the connection of
the labour obligations over the entire period shall be certified before the
Labour Courts.
Article 11. Each Legislative Assembly endowed with constituent powers,
shall draft the State Constitution within one year as from the promulgation of
the Federal Constitution, with due regard for the principles of the latter.
Sole paragraph - After the promulgation of the State Constitution, it shall
be incumbent upon the City Council, within six months, to vote the respective
Organic Law, in two rounds of discussion and voting, with due regard for the
provisions of the Federal and state Constitutions.
Article 12. Within ninety days of the promulgation of the Constitution,
a Land Studies Committee shall be created, with ten members nominated by the
National Congress and five members by the Executive Power, for the purpose of
submitting studies concerning the national territory and draft bills regarding
new territorial units, particularly in the Legal Amazonian Region and in areas
pending solution.
Paragraph 1 - Within one year the Committee shall submit the results of its
studies to the National Congress so that, in accordance with the Constitution,
such studies may be examined during the twelve subsequent months, the committee
being dissolved shortly thereafter.
Paragraph 2 - The states and the municipalities shall, within three years of
the promulgation of the Constitution, provide, by agreement or adjustment, for
the demarcation of their borders presently in litigation, and they may for such
purpose effect area alterations and compensations which allow for natural
phenomena, historical criteria, administrative ease and convenience of the
bordering populations.
Paragraph 3 - At the request of the interested states and municipalities, the
Union may undertake the demarcation work.
Paragraph 4 - If, three years after the promulgation of the Constitution, the
demarcation work has not been completed, the Union shall determine the borders
of the areas under litigation.
Paragraph 5 - The present borders of the state of Acre with the states of
Amazonas and Rondonia are hereby recognized and ratified according to
cartographic and geodesic surveys conducted by the Tripartite Committee formed
by representatives of the states and of the specialized technical services of
the Brazilian Institute of Geography and Statistics.
Article 13. The state of Tocantins is created by separation of the
area described in this article and its installation shall occur on the
forty-sixth day after the election provided for in paragraph 3, but not before
January 1st. 1989.
Paragraph 1 - The state of Tocantins is part of the Northern Region and
borders with the state of Goiás along the northern boundaries of the
municipalities of São Miguel do Araguaia, Porangatu, Formoso, Minaçu,
Cavalcante, Monte Alegre de Goiás and Campos Belos, maintaining the present
eastern, northern and western borders of Goiás with the states of Bahia, Piauí,
Maranhão, Pará and Mato Grosso.
Paragraph 2 - The Executive Power shall designate one of the cities of the
state as its provisional capital until such time as the final seat of government
is approved by the Constituent Assembly.
Paragraph 3 - The Governor, the Vice-Governor, the Senators and the Federal
and State Deputies shall be elected, in a single voting, within seventy-five
days after the promulgation of the Constitution, but not before November 15,
1988, at the discretion of the Superior Electoral Court, with due regard, among
others, for the following rules:
I - the deadline for affiliation of the candidates to the parties shall end
seventy-five days prior to the date of the elections;
II - the dates for the regional party conventions for the purpose of deciding
upon coalitions and choice of candidates, for the presentation of the
application for registration of the candidates chosen and for the other legal
procedures shall be determined by the Electoral Courts in a special schedule;
III - the holders of state or municipal offices who have not left such offices
on a definitive basis seventy-five days prior to the date of the elections
provided for in this paragraph shall be ineligible;
IV - the present regional committees of the political parties of the state of
Goi s are maintained, it being incumbent upon the national executive
committees to appoint provisional committees for the state of Tocantins, in
accordance with and for the purposes established by law.
Paragraph 4 - The terms of office of Governor, Vice-Governor and Federal and State Deputies
elected in accordance with the preceding paragraph shall end concurrently with
those of the other units of the Federation; the term of office of the least
voted elected Senator shall end on the same occasion and the terms of office of
the other two Senators shall end together with those of the Senators elected in
1986 in the other states.
Paragraph 5 - The State Constituent Assembly shall be installed on the
forty-sixth day as from the election of its members, but not before January I9
1989, under the chairmanship of the President of the Regional Electoral Court of
the state of Goi s, and shall on the same date inaugurate the elected Governor
and Vice-Governor.
Paragraph 6 - The legal rules regulating the division of the state of Mato
Grosso shall apply, where appropriate, to the creation and installation of the
state of Tocantins with due regard for the provisions of article 234 of the
Constitution.
Paragraph 7 - The state of Goi s shall be released from debts and burdens
resulting from undertakings within the territory of the new state, and the Union
is authorized, at its discretion, to take over such debts.
Article 14. The federal territories of Roraima and of Amapá are
transformed into federated states, their present geographic borders being
maintained.
Paragraph 1 - The installation of the states shall occur upon the
inauguration of the governors elected in 1990.
Paragraph 2 - The rules and criteria adopted for the creation of the state of
Rondonia shall apply to the transformation and installation of the states of
Roraima and Amapa, with due regard for the provisions of the Constitution and
of the present Act.
Paragraph 3 - The President of the Republic shall, within forty-five days of
the promulgation of the Constitution, submit for examination by the Federal
Senate the names of the governors of the states of Roraima and Amapá who
shall exercise the Executive Power until the new states are installed with the
inauguration of the elected governors.
Paragraph 4 - Until the transformation into states is effected according to
this article, the federal territories of Roraima and Amapá; shall enjoy the
benefits of transfer of funds provided for in article 159, I, a, of the
Constitution and article 34, paragraph 2, II, of this Act.
Article 15. The Federal Territory of Fernando de Noronha is
extinguished and its area reincorporated into the state of Pernambuco.
Article 16. Until the provisions of article 32, paragraph 2, of the
Constitution are implemented, it shall be incumbent upon the President of the
Republic, with the approval of the Federal Senate, to appoint the Governor and
Vice-Governor of the Federal District.
Paragraph 1 - The authority of the Legislative Chamber of the Federal
District shall, until such time as it is installed, be exercised by the Federal
Senate.
Paragraph 2 - The accounting, financial, budgetary, operational and property
supervision of the Federal District shall, until such time as the Legislative
Chamber is installed, be carried out by the Federal Senate, by means of external
control, with the assistance of the Court of Accounts of the Federal District,
with due regard for the provisions of article 72 of the Constitution.
Paragraph 3 - The assets of the Federal District shall include those which
may be assigned to it by the Union as established by law.
Article 17. Earnings, compensation, advantages and additional pay, as
well as retirement pensions which are being received in disagreement with this
Constitution, shall be reduced immediately to the limits arising therefrom, it
not being allowed, in this case, to invoke a vested right or receipt of excess
on any account.
Paragraph 1 - It is ensured the cumulative occupation of two medical offices
or jobs that are held by a military physician in the direct or indirect
government administration.
Paragraph 2 - The cumulative occupation of two offices or jobs reserved for
health professionals is ensured if held in the direct or indirect government
administration.
Article 18. The legal effects of any legislative or administrative act
drawn up as of the installation of the National Constituent Assembly, with the
objective of granting tenure to a public servant admitted without a public
entrance examination to the direct or indirect administration, including the
foundations instituted and maintained by the Government, shall be extinguished.
Article 19. Civil public servants of the Union, the states, the Federal
District and the municipalities, of the direct administration, autonomous
government entities and government foundations, who, on the date of promulgation
of the Constitution, have been in office for at least five continuous years, and
who have not been admitted as established in article 37 of the Constitution, are
deemed to have tenure in the public service.
Paragraph 1 - The period of service of the civil servants referred to in this
article shall be considered as a credential when they take a competitive
examination for the purpose of acquiring tenure. as set forth by law.
Paragraph 2 - The provisions of this article do not apply to the holders of
trust or commission functions and jobs nor to those who are legally subject to
free discharge, whose period of service shall not be computed for the purposes
of the caption of this article, exception being made for public servants.
Paragraph 3 - The provisions of this article shall not apply to higher
education professors as set forth by law.
Article 20. Within one hundred and eighty days, the rights of inactive
public servants and pensioners shall be revised and the income and pensions owed
to them shall be updated in order to adjust them to the provisions of the
Constitution.
Article 21. Judges vested in office for a limited period of time, who
have been admitted by means of a public entrance examination of tests and
presentation of academic and professional credentials and w ho are in office on
the date this Constitution is promulgated, shall achieve tenure with due regard
for the probation period and they shall become part of a staff in extinction,
maintaining the authority, prerogatives and restrictions of the laws to which
they were subject, except for those inherent to the temporary nature of their
investiture.
Sole paragraph - The retirement of the judges referred to in this article
shall be regulated by the rules established for other state judges.
Article 22. Public defenders vested in office before the date of
installation of the National Constituent Assembly are ensured the right to opt
for the career, complying with the guarantees and prohibitions set forth in
article 134, sole paragraph. of the Constitution.
Article 23. Until such time as the regulations of article 21, XVI of
the Constitution are issued, the present holders of the office of federal censor
shall continue to exercise functions compatible with such office in the Federal
Police Department, with due regard for the constitutional provisions.
Sole paragraph - Such law shall provide for the reassignment of the Federal
Censors as set forth in this article.
Article 24. The Union, the States, the Federal District and the
municipalities shall issue laws establishing criteria to make their staffs
compatible with the provisions of article 39 of the Constitution and with the
administrative reorganization resulting therefrom, within eighteen months as
from the promulgation of the Constitution.
Article 25. As of one hundred and eighty days after the promulgation of
the Constitution, such period being subject to extension by law, all legal
provisions which confer on or delegate to an agency of the Executive Power
authority assigned to the National Congress by the Constitution shall be
revoked, especially those referring to:
I - normative action;
II - allocation or transfer of funds of some kind.
Paragraph 1 - The decree-laws pending before the National Congress and not examined by it before
the Constitution is promulgated shall have their effects regulated as follows:
I - if issued up to September 2, 1988, they shall be examined by the National
Congress within one hundred and eighty days as from the date of the
promulgation of the Constitution, not counting the parliamentary recess;
II - if the time limit defined in the preceding item elapses without the
decree-laws mentioned therein having been examined, they shall be considered
rejected;
III - in the cases defined in items I and II, the acts performed during the
effectiveness of the respective decree-laws shall be fully valid and the
National Congress may, if necessary, legislate on their remaining effects.
Paragraph 2 - The decree-laws issued between September 3, 1988 and the
date of the promulgation of the Constitution shall be converted on such date
into provisional measures, with the rules established in article 62, sole
paragraph, being applied thereto.
Article 26. Within one year of promulgation of the Constitution, the
National Congress shall effect, through a joint committee, an analytical and
expert examination of the acts and facts which generate the Brazilian foreign
indebtedness.
Paragraph 1 - The Committee shall have the legal authority of a parliamentary
investigation committee for purposes of requisition and summons, and shall act
with the assistance of the Court of Accounts of the Union.
Paragraph 2 - If irregularities are found, the National Congress shall
propose that the Executive Power declare the act null and void and shall forward
the case to the Federal Public Prosecution, which shall take the appropriate
action within sixty days.
Article 27. The Superior Court of Justice shall be installed under the
Presidency of the Supreme Federal Court.
Paragraph 1 - Until such time as the Superior Court of Justice is installed,
the Supreme Federal Court shall perform the duties and responsibilities defined
in the previous constitutional order.
Paragraph 2 - The initial composition of the Superior Court of Justice shall
be obtained:
I - by reassignment of Justices of the Federal Court of Appeals;
II - by appointment of the Justices required to complete the number established
in the Constitution.
Paragraph 3 - For the purposes of the
Constitution, the present Justices of the Federal Court of Appeals shall be
considered as belonging to the class they came from at the time of their
appointment.
Paragraph 4 - Once the Court has been installed, the retired Justices of the
Federal Court of Appeals shall automatically become retired Justices of the
Superior Court of Justice.
Paragraph 5 - The Justices referred to in paragraph 2, II, shall be nominated
in a triple list by the Federal Court of Appeals, with due regard for the
provisions of article 104, sole paragraph, of the Constitution.
Paragraph 6 - Five Federal Regional Courts of Justice are hereby created, to
be installed within six months of the promulgation of the Constitution, with the
jurisdiction and seat assigned to them by the Federal Court of Appeals. taking
into account the number of lawsuits and their geographical location.
Paragraph 7 - Until such time as the Federal Regional Courts of Justice are
installed, the Federal Court of Appeals shall exercise the authority attributed
to them throughout the national territory, it being incumbent upon it their
installation and nomination of candidates for all initial offices by means of a
triple list which may include federal judges of any region, with due regard for
the provisions of paragraph 9.
Paragraph 8 - As from promulgation of the Constitution, it is forbidden to
fill vacant offices of Justices of the Federal Court of Appeals.
Paragraph 9 - If there is no federal judge with the minimum period of service
set forth in article 107, II, of the Constitution, the promotion may be granted
to a judge with less than five years of office.
Paragraph 10 - It is incumbent upon the Federal Courts to judge the lawsuits
filed therein until such time as the Constitution is promulgated, and the
Federal Regional Courts as well as the Superior Court of Justice shall judge the
rescissory actions for the decisions rendered until then by the Federal Courts,
including those which refer to matters for which competence has been transferred
to another branch of the Judicial Power.
Article 28. The federal judges referred to in article 123, paragraph
2, of the Constitution of 1967, with the wording given by the Constitutional
Amendment No. 7 of 1977, shall be vested in office in courts of the judiciary
section for which they were appointed or designated; if there are no vacancies,
the existing courts shall be divided.
Sole paragraph - For purposes of promotion for seniority, the period of
service of such judges shall be computed as from the day of their taking of
office.
Article 29. Until such time as the supplementary laws relating to the
Public Prosecution and to the Advocacy-General of the Union are approved, the
Federal Public Prosecution, the Office of the Attorney-General of the National
Treasury the Legal Consultancies of the Ministries, the Prosecution and Legal
Departments of the federal autonomous government agencies having their own
representation, and the members of the Prosecution Offices of public foundation
universities shall continue to conduct their activities within their respective
incumbencies.
Paragraph 1 - The President of the Republic shall, within one hundred and
twenty days, submit to the National Congress a bill of supplementary law dealing
with the organization and operation of the Advocacy-General of the Union.
Paragraph 2 - The present Prosecutors of the Republic may, in accordance with
the supplementary law, opt irrevocably between the careers of the Federal Public
Prosecution and of the Advocacy-General of the Union.
Paragraph 3 - A member of the Public Prosecution admitted prior to the
promulgation of the Constitution may opt for the previous regime insofar as
guarantees and advantages are concerned, with due regard, as to prohibitions.
for the legal status on the date of such promulgation.
Paragraph 4 - The present members of the supplementary staff of the Labour
and Military Public Prosecutions, who have acquired tenure in these functions!
shall belong to the staff of the respective career.
Paragraph 5 - It is incumbent upon the present Office of the Attorney General
of the National Treasury, directly or by delegation, which may be added to the
State Public Prosecution, to represent the Union in court in lawsuits a fiscal
nature, In their respective spheres of authority, until such time as the
supplementary laws set forth in this article are promulgated.
Article 30. The legislation which creates the justiceship of the peace
shall maintain the present judges of the peace until the new judges take office.
ensuring them the rights and duties conferred on the latter and shall establish
the date for the election provided for in article 98, 11, of this Constitution.
Article 31. The clerical offices of the judicial courts, as defined in
law, shall be brought under State control, with due regard for the rights of the
present clerks.
Article 32.The provisions of article 236 shall not apply to notary and
registration services which have already been made official by the Government
with due regard for the rights of their servants.
Article 33. With the exception of credits for alimony the amount due
by virtue of court orders for which payment is outstanding on the date of the
promulgation of the Constitution, therein included remaining interests and
adjustment for inflation, may be paid in legal tender, with readjustments, in
equal and successive annual instalments, within eight years at the most, counted
from July 1, 1989, in accordance with a decision by the Executive Power within
one hundred and eighty days of the promulgation of the Constitution.
Sole paragraph - In order to comply with the provisions of this article, the
debtor entities may issue, each year, for the exact amount of the expenditure,
public debt bonds which shall not be computed for purposes of determining the
total limit of indebtedness.
Article 34. The national tax system shall become effective on the
first day of the fifth month following the promulgation of the Constitution, and
until then, the system set forth in the 1967 Constitution, with the wording
provided by Amendment number 1 of 1969 and by the subsequent ones, shall be
maintained.
Paragraph 1 - With the promulgation of this Constitution, articles 148,
149, 150, 154, I,156, III and 159, I, c, shall become effective, with all
provisions to the contrary in the 1967 Constitution and in the amendments which
modified it, especially its article 25, III, being revoked.
Paragraph 2 - The Participation Fund of the States and the Federal District,
and the Revenue Sharing Fund of the Municipalities shall obey the following
determinations:
I - from the date of the promulgation of the Constitution, the percentages
shall be, respectively, of eighteen percent and twenty percent, calculated on
the proceeds from the collection of the taxes referred to in article 153, III
and IV, the present apportionment criteria being maintained until the
supplementary law referred to in article 161, II becomes effective;
II - the percentage referring to the Participation Fund of the States and the
Federal District shall be increased by one percent in the fiscal year of 1989
and, as from and including 1990, by one half of one percent per fiscal year
until and including 1992, reaching in 1993 the percentage established in
article 159, I, a;
III - the percentage referring to the Participation Fund of the Municipalities,
as from and including 1989 shall be increased by one half of one percent per
fiscal year until it reaches the limit established in ar. ticle 159, I, b.
Paragraph 3 - Upon the promulgation of this Constitution, the Union,
the states, the Federal District and the municipalities may issue the laws which
are necessary for the apPlication of the national tax system established
therein.
Paragraph 4 - The laws issued in accordance with the preceding paragraph
produce effects as from the date the national tax system set forth in the
Constitution becomes effective.
Paragraph 5 - Once the new national tax system is in force, the application
of the preceding legislation shall be ensured in that in which it is not
incompatible with the new system and with the legislation referred to in
paragraphs 3 and 4.
Paragraph 6 - Until December 31, 1989, the provisions of article 150, III, b,
shall not apply to the taxes referred to in articles 155, I, a and b, and 156,
II and III, which may be collected thirty days after the publication of the law
which has instituted or increased them.
Paragraph 7 - Until the maximum rates of the n municipal tax on retail sales
of liquid and gaseous fuels have been established in a supplementary law, such
rates shall not exceed three percent.
Paragraph 8 - If, within sixty days counted from the promulgation of the
Constitution, the supplementary law required for the institution of the tax
referred to in article 155, I, b, has not been issued, the states and the
Federal District, by means of an agreement concluded in the manner set forth in
Supplementary Law number 24 of January 7, 1975, shall establish the rules to
regulate the matter provisionally.
Paragraph 9 - Until a supplementary law provides for the matter, electric
power distribution companies, in the capacity of taxpayers or of substitute
taxpayers, shall be liable when the product leaves their facilities, even if
the destination is another unit of the federation, for the payment of the tax on
the circulation of goods levied on electric power, from production or
importation to the last operation, such tax being calculated on the price
charged on the occasion of the final operation, its collection being ensured to
the state or the Federal District, depending on the place where such operation
occurs.
Paragraph 10 - Until the law provided by article 159, I, c, which shall be
promulgated by December 31, 1989, becomes effective, the application of the
funds set forth in that provision shall be ensured in the following manner:
I - six-tenths of one percent in the Northern Region, through the Banco da
Amazonia S.A.;
II - one and eight-tenths percent in the Northeastern Region, through the Banco
do Nordeste do Brasil S.A.;
III - six-tenths of one percent in the Centre-West Region, through the Banco do
Brasil S.A.
Paragraph 11 - The Centre-West Development Bank is hereby
created, in the manner established by law, in order to comply, within that
region, with the provisions of articles 159, I, c and 192, paragraph 2, of the
Constitution.
Paragraph 12 - The urgency provided by article 148, II, shall not preclude
the collection of the compulsory loan instituted for the benefit of the Centrais
Elétricas Brasileiras S.A. (Eletrobrás) by Law number 4,156 of November 28,
1962, with the subsequent amendments.
Article 35. The provisions of article 165, paragraph 7, shall be complied
with progressively, over a period of ten years, the funds being distributed
among the macro-economic regions in proportion to their population, based on the
situation verified for the 1986-87 period.
Paragraph 1 - In the application of the criteria referred to in this article,
the total expenses shall exclude expenses for:
I - projects considered as priorities in the pluriannual plan;
II - national security and defense;
III - maintenance of the federal agencies in the Federal District;
IV - the National Congress, the Federal Court of Accounts and the Judicial
Power;
V - the servicing of the debt of the direct and indirect administration of the
Union, including foundations instituted and maintained by the Federal
Government.
Paragraph 2 - Until the supplementary law referred to in
article 165, paragraph 9, I and II, comes into force, the following rules shall
be complied with:
I - the project of the pluriannual plan, to be in force until the end of the
first fiscal year of the subsequent presidential term of office, shall be
forwarded not less than four months before the end of the first fiscal year
and returned for sanction before the end of the legislative session;
II - the bill of budgetary directives shall be forwarded not less than eight
and a half months before the end of the fiscal year and returned for sanction
before the end of the first period of the legislative session;
III - the budget bill of the Union shall be forwarded not less than four months
before the end of the fiscal year. and returned for sanction before the end of
the legislative session.
Article 36. The funds existing on the
day the Constitution is promulgated, except for those resulting from tax
exemptions which become private property and those which are of interest to
national defense, shall be extinguished if they are not ratified by the National
Congress within two years.
Article 37. Adaptation to the provisions of article 167, III, shall be
made within the period of five years, the excess being reduced at a rate of at
least one-fifth per year.
Article 38. Until the promulgation of the supplementary law referred
to in article 169, the Union, the states. the Federal District and the
municipalities shall not spend more than sixty-five percent of the amount of the
respective current revenues on personnel.
Sole paragraph - The Union, the states, the Federal District and the
municipalities, whenever the respective expenditure with personnel exceeds the
limit established in this article, shall return to such limit, reducing the
excess percentage at a rate of one-fifth per year.
Article 39. For purposes of compliance with the constitutional
provisions which involve variations of expenses and revenues of the Union, after
the promulgation of the Constitution, the Executive Power shall draw up and the
Legislative Power shall examine a bill of review of the budgetary law referring
to the fiscal year of 1989.
Sole paragraph - The National Congress shall vote within twelve months the
supplementary law provided by article 161. II.
Article 40. The Free-Trade Zone of Manaus, with its characteristics of
free- trade, export and import and fiscal benefits, shall be maintained for a
period of twenty-five years as from the promulgation of the Constitution.
Sole paragraph - The criteria which regulated or may come to regulate the
approval of projects in the Free-Trade Zone of Manaus may only be modified by a
federal law.
Article 41. The Executive Powers of the Union, the states, the Federal
District and the municipalities shall reassess all sectorial tax incentives now
in force and shall propose the appropriate measures to the respective
Legislative Powers.
Paragraph 1 - The incentives which are not confirmed by law within two years
of the promulgation of the Constitution shall be considered revoked.
Paragraph 2 - Revocation shall not preclude any rights which have become
vested before that date, in relation to incentives granted under conditions and
for a set period af time.
Paragraph 3 - Incentives granted by means of agreements concluded between
states, in accordance with article 23, paragraph 6 of the 1967 Constitution,
with the wording of Amendment number 1, of October 17, 1969, shall also be
reassessed and reconfirmed within the time limits set forth in this article.
Article 42. Of the funds intended for irrigation, during a period of
twenty-five years, the Union shall apply:
I - twenty percent in the Centre-West Region;
II - fifty percent in the Northeastern Region, preferably in the semi-arid
region.
Article 43. On the date of the promulgation of the law
regulating the prospecting and mining of mineral resources and beds of ore, or
within one year counted from the date of the promulgation of the Constitution,
the authorizations, grants and other deeds affording mining rights shall become
ineffective, in case the prospecting or mining works have not provenly started
in the legal time limits or are inactive.
Article 44.The Brazilian companies which presently hold valid
prospecting authorizations and permits for the mining of mineral resources and
the exploitation of hydraulic energy shall have four years, counted from the
date of the promulgation of the Constitution, to comply with the requirements of
article 176, paragraph 1.
Paragraph 1 - Except for the provisions of national interest set forth in the
constitutional text, Brazilian companies shall be exempt from compliance w ith
the provisions of article 176, paragraph 1, provided that, within four years
counted from the date of the promulgation of the Constitution they have destined
the product of their mining and processing activities to industrialization
within the national territory, in their own facilities or in a controlling or
controlled industrial company.
Paragraph 2 - Brazilian companies which hold a hydraulic energy concession
for use in their industrial processes shall also be exempted from compliance
with the provisions of article 176, Paragraph 1.
Paragraph 3 - The Brazilian companies referred to in paragraph 1 may only be
granted prospecting authorizations or concessions to mine or exploit hydraulic
energy potentials provided that the energy and the mining product are used in
their respective industrial processes.
Article 45. Refineries which operate in the country under article 43
and under the conditions of article 45 of Law number 2,004 of October 3, 1953,
are excluded from the monopoly established by article 177, II, of the
Constitution.
Sole paragraph - Risk contracts entered into with Petróleo Brasileiro S.A.
(Petrobrás) for petroleum prospecting, which are effective on the date of the
promulgation of the Constitution, are exempted from the prohibition of article
177, paragraph 1.
Article 46. Credits with institutions under intervention or
extrajudicial liquidation, even when such proceedings are converted into
bankruptcy, are subject to adjustment for inflation from the date of maturity to
the date of actual payment, with no interruption or suspension.
Sole paragraph - The provisions of this article shall also apply to:
I - transactions made after the proceedings referred to in the caption of this
article have been decreed;
II - loan, financing and refinancing transactions, transactions of financial
assistance for liquidity purposes, assignment or subrogation of credits or
mortgage bonds, guarantee of deposits made by the public, or of purchase of
liabilities, including those carried out with funds intended for such
purposes;
III - credits existing prior to the promulgation of this Constitution;
IV - credits held by public administration entities before the promulgation of
this Constitution and not settled by January 1, 1988.
Article 47. In the settlement of debts, including their subsequent renegotiation and
composition, even when taken to court, arising out of any loans granted by banks
and by financial institutions, there shall be no adjustment for inflation,
provided that the loan has been granted:
I - to micro and small businessmen or to their businesses in the period from
February 28, 1986, to February 28, 1987;
II - to mini, small and medium rural producers in the period from February 28,
1986, to December 31, 1987, provided that it refers to rural credit.
Paragraph 1 - For the purposes of this article, micro-enterprises
shall be considered as the legal entities and individual firms with annual
income of up to ten thousand National Treasury Bonds, and small enterprises as
the legal entities and individual firms with annual income of up to twentv-five
thousand National Treasury Bonds.
Paragraph 2 - Classification as a mini, small or medium rural producer shall
be made in accordance with the rural credit rules in force at the time of the
contract.
Paragraph 3 - Exemption from adjustment for inflation referred to in this
article shall only be granted in the following cases:
I - if the initial debt, plus legal interests and judicial fees, are settled
within ninety days of promulgation of this Constitution;
II - if the application of the funds is not contrary to the purpose of the
financing, the burden of proof lying with the creditor institution;
III - if the creditor institution does not show that the borrower has the means
to pay his debt, such means excluding the business of the borrower, the house
where he lives, as well as his work and production instruments;
IV - if the initial financing does not exceed the limit of five thousand
National Treasury Bonds;
V - if the beneficiary is not the owner of more than five rural modules.
Paragraph 4 - The benefits referred to in this article shall not be
extended to the debts which have already been paid and to debtors who are
members of the Constituent Assembly.
Paragraph 5 - In the event of transactions maturing after the deadline for
settlement of the debt, should the borrower be interested, the banks and the
financial institutions shall effect, by a specific instrument, an amendment to
the original conditions of the contract so as to adjust them to this benefit.
Paragraph 6 - The granting of this benefit by private commercial banks shall
not, under any circumstances, entail a burden to the Government, even if made by
refinancing and on-lending of funds by the central bank.
Paragraph 7 - In the case of on-lending to official financial agents or
credit cooperatives, the burden shall fall upon the original source of funds.
Article 48. The National Congress, within one hundred and twenty days
of the promulgation of this Constitution, shall draw up a consumer defense code.
Article 49. The law shall provide for the institution of emphyteusis
concerning urban real property, the tenants having the option, in the event of
extinction, of redemption of the emphyteusis, by acquisition of direct title in
accordance with the provisions contained in the respective contracts.
Paragraph 1 - In the absence of a contractual clause, the criteria and bases
currently in force in the special legislation on real estate of the Union shall
be adopted.
Paragraph 2 - The rights of present registered occupants shall be ensured be
application of another kind of contract.
Paragraph 3 - Emphyteusis shall continue to be applied to tide lands and
those lands added to them, which are located within the security strip extending
from the coast line.
Paragraph 4 - After redemption of the emphyteusis, the former holder of
direct title shall, within ninety days, subject to liability, entrust all
documents related to such title to the custody of the competent real estate
registry.
Article 50. An agricultural law to be promulgated within one year shall
provide, in accordance with this Constitution, for the objectives and
instruments of agricultural policy, priorities, crop planning, marketing,
internal supply, foreign market and institution of agrarian credit.
Article 51. All donations, sales and concessions of public land with an
area of more than three thousand hectares, made in the period from January 1st,
1962, to December 31st, 1987, shall be reviewed by the National Congress, by a
joint committee, during the three years following the promulgation of the
Constitution
Paragraph 1 - Insofar as sales are concerned, the review shall be based
exclusively on the criterion of lawfulness of the transaction.
Paragraph 2 - In the case of concessions and donations, the review shall
comply with the criteria of lawfulness and of convenience of public interest.
Paragraph 3 - In the cases set forth in the preceding paragraphs, if
illegality i s pr oven or if there is public interest, the lands shall revert to
the ownership of the Union, of the states, of the Federal District or of the
municipalities.
Article 52. Until the conditions referred to in article 192 are
established, it shall be forbidden:
I - the installation, in the country, of new branches of financial
institutions domiciled abroad;
II - increase of percentual participation of individuals and legal entities
resident or domiciled abroad in the capital of financial institutions with
headquarters in Brazil.
Sole paragraph - The prohibition referred to
in this article does not apply to the authorizations resulting from
international agreements, from reciprocity or from interest of the Brazilian
Government.
Article 53. Veterans who have actually participated in war operations
during the Second World War, in accordance with Law number 5,315 of September
12, 1967, shall be ensured the following rights:
I - admission to public service without being required to undergo a public
entrance examination, with tenure;
II - special pension corresponding to that of Second Lieutenant of the Armed
Forces, which may be applied for at any time and may not be accumulated with
any other earnings received from the public treasury, except for social
security benefits the right to opt being ensured;
III - in case of death, proportional pension to the widowed companion or
dependent, in an amount equal to that of the preceding item;
IV - free medical, hospital and educational assistance extending to dependants;
V - retirement with full pay after twenty-five years of actual service under
any juridical system;
VI - priority in the acquisition of a home for those who do not own one or for
their widows or companions.
Sole paragraph - The granting of the
special pension referred to in item II replaces, for all legal effects, any
other pension already granted to the veteran.
Article 54. Rubber-tappers recruited in accordance with Decree-Law
number 5,813 of September 14, 1943, and protected by Decree-Law number 9,882 of
September 16, 1946, shall receive, when needy, a monthly pension for life in the
amount of two minimum wages.
Paragraph 1 - The benefit extends to rubber-tappers who, at the request of
the Brazilian Government, contributed to the war effort by working in rubber
production in the Amazonian Region during the Second World War.
Paragraph 2 - The benefits established in this article may be transferred to
dependants who are provenly needy.
Paragraph 3 - The concession of the benefit shall be done in accordance with
the law to be proposed by the Executive Power within one hundred and fifty days
of the promulgation of the Constitution.
Article 55. Until such time as the law of budgetary directives is
approved, at least thirty percent of the social welfare budget, excluding
unemployment insurance, shall be allocated to the health sector.
Article 56. Until such time as the law regulates article 195, I, the
revenues resulting from at least five of the six tenths of one percent
corresponding to the rate of the contribution referred to in Decree-Law number
1940 of May 25, 1982, as amended by Decree-Law number 2,049 of August 1, 1983,
by Decree number 91,236 of May 8, 1985, and by Law number 7,611 of July 8, 1987,
shall become part of the social welfare revenues, excepting, exclusively in the
fiscal year of 1988, commitments assumed for ongoing programmes and projects.
Article 57. The debts of the states and municipalities related to
social security contributions up to June 30, 1988, shall be settled, with
adjustment for inflation, in one hundred and twenty monthly instalments, with
the waiver of the interests and penalties applicable thereto, provided the
debtors request installment payment and begin such payment within one hundred
and eighty days of the promulgation of this Constitution.
Paragraph 1 - The amount to be paid in each of the first two years shall not
be less than five percent of the total consolidated and updated debt, the
balance to be divided into equal monthly instalments.
Paragraph 2 - Settlement may include payments by assignment of assets and
rendering of services, as set forth in Law number 7,578 of December 23. 1986.
Paragraph 3 - As guarantee for the payment of the instalments, the states and
municipalities shall each year consign in their respective budgets the
appropriations required for the payment of their debts.
Paragraph 4 - If any of the conditions established for the concession of
installment payment are not met, the debt shall be considered as due and payable
in full and liable for default interest; in such case, the portion of the funds
corresponding to the Participation Funds intended for the debtor states and
municipalities shall be blocked and transferred to the social security for
payment of their debts.
Article 58. Benefits paid on a continuous basis and maintained by
social security on the date of the promulgation of the Constitution shall have
their values reviewed so as to re-establish their purchasing power expressed in
terms of the numbers of minimum wages they represented on the date on which they
were granted, such updating criterion to be adopted until the plan of funding
and benefits referred to in the following article is implemented.
Sole paragraph - The monthly benefit payments updated in accordance with this
a article shall be due and paid as from the seventh month after the promulgation
of the Constitution.
Article 59. The bills of law for the organization of social welfare and
for the plan of funding and benefits shall be submitted, not more than six
months after the promulgation of the Constitution, to the National Congress,
which shall have six months to examine them.
Sole paragraph - Upon approval by the National Congress, the plans shall be
implemented progressively in the following eighteen months.
Article 60. In the first ten years after the promulgation of this
Amendment, the states, the Federal District and the municipalities shall
allocate no less than 60% of the funds referred to in the caption of article 212
of the Federal Constitution, to the maintenance and development of elementary
education, aiming at the assurance of the universalization of the service and
the payment of appropriate salaries to the teachers.
Paragraph 1 - The distribution of responsibilities and resources between
the states and their municipalities, to be effected with part of the resources
defi ned in this article, as set forth in article 211 of the Federal
Constitution, is assured through the establishment, within each state and the
Federal District, of a Fund for the Maintenance and Development of the
Elementary Education and f or the Increase of the Worth of the Teaching
Profession, of a financial nature.
Paragraph 2 - The Fund referred to in the preceding paragraph shall be
made up by, at least, fifteen percent of the resources referred to in articles
155, item ll; 158, item lV; and 159, item l, subitems a and b; and item lI, of
the Federal Constitution, and shall be distributed among each state and its
municipalities in proportion to the number of students in the respective
elementary education networks.
Paragraph 3 - The Union shall supplement the resources of the Funds
referred to in paragraph 1, whenever in each state and in the Federal District
its value per student does not reach the nationally set minimum.
Paragraph 4 - The Union, the states, the Federal District and the
municipalities shall effect, during a period of five years, progressive
adjustments of their contributions to the Fund, so as to guarantee a value per
student corresponding to a minimum quality standard of education, defi ned at
the national level.
Paragraph 5 - A share of not less than 60% of the resources of each Fund
referred to in paragraph I shall be used for the payment of elementary education
teachers actually teaching.
Paragraph 6 - The Union shall apply never less than 30 percent of the
resources referred to in the caption of article 212 of the Federal Constitution
to the eradication of illiteracy and to the maintenance and development of the
elementary education including the supplementation referred to in paragraph
3.
Paragraph 7 - The law shall provide for the organization of the Funds, the
proportional distribution of its resources, its oversight and control, as well
as for the way to calculate the national minimum value per student.
Article 61. The educational entities referred to in article 213, as
well as the educational and research foundations whose creation has been
authorized by law, which meet the requirements of items I and II of such article
and which have, in the last three years, received public funds, may continue to
receive such funds, unless otherwise established by law.
Article 62.The law shall create the National Rural Apprenticeship
Service (SENAR), based on the legislation for the National Industrial
Apprenticeship Service (SENAI), and the National Commercial Apprenticeship
Service (SENAC), without prejudice to the incumbencies of the government
agencies engaged in the area.
Article 63. A Committee composed of nine members is hereby created,
three of them from the Legislative Power, three from the Judicial Power and
three from the Executive Power, to promote the commemorations of the centennial
of the proclamation of the Republic and of the promulgation of the first
republican Constitution of the country, and such committee may, at its
discretion, be subdivided into as many subcommittees as may be necessary.
Sole paragraph - In the carrying out of its duties the Committee shall
conduct studies, debates and assessments of the political, social, economic and
cultural development of the country, and may join efforts with state and
municipal governments and with public and private institutions desiring to take
part in the events.
Article 64. The National Press and other printing departments of the
Union. the states, the Federal District and the municipalities, of the direct or
indirect administration, including foundations instituted and maintained by the
Government, shall provide for a popular edition of the full text of the
Constitution, which shall be made available free of charge, to schools and
public registry offices, to unions, military barracks, churches and other
community organizations, in order that each Brazilian citizen may receive from
the State a copy of the Brazilian Constitution.
Article 65. The Legislative Power shall, within twelve months,
regulate the article 220, paragraph 4.
Article 66. The public telecommunications utility concessions
presently in force shall be maintained, as established by law.
Article 67. The Union shall conclude the demarcation of the Indian
lands within five years of the promulgation of the Constitution.
Article 68. Final ownership shall be recognized for the remaining
members of the ancient runaway slave communities who are occupying their lands
and the state shall grant them the respective title deeds.
Article 69. The states shall be allowed to maintain legal consultancy
offices independent from their Attorney-General Offices or Advocacy-General
Offices, provided that they have separate agencies for the respective functions
on the date of the promulgation of this Constitution.
Article 70. The present competence of the state courts shall be
maintained until it is defined in the State Constitution, as established in
article 125 paragraph 1, of the Constitution.
Article 71. The Emergency Social Fund is hereby instituted for the
fiscal years of 1994 and 1995, as well as for the period from January 1, 1996
through June 30, 1997, and from July 1, 1997 through December 31, 1999, aiming at the financial recuperation of the Federal
Public Finances and the economic stabilization, the resources of which shall be
applied primarily to the actions of the health and education systems, including the
supplementation of resources set forth in paragraph 3 of Article 60, of the Temporary Constitutional
Provisions Act, the welfare benefits and welfare assistance of a permanent nature, including the payment of
welfare debts and budgetary expenditures associated to programs of great economic and social interest.
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