CONSTITUTION OF BRAZIL
See also:
TITLE IV- THE ORGANIZATION OF THE POWERS
CHAPTER I - THE LEGISLATIVE POWER
SECTION I - THE NATIONAL CONGRESS
Article 44. The Legislative Power is exercised by the National
Congress, which is composed of the Chamber of Deputies and the Federal Senate.
Sole paragraph - Each legislative term shall have the duration of four years.
Article 45. The Chamber of Deputies is composed of representatives of theca
people, elected, by the proportional system, in each state, territory and in the
Federal District.
Paragraph 1 - The total number of Deputies, as well as the representation of
the States and of the Federal District shall be established by a supplementary
law, in proportion to the population, and the necessary adjustments shall be
made in the year preceding the elections, so that none of those units of the
Federation has less than eight or more than seventy Deputies.
Paragraph 2 - Each territory shall elect four Deputies.
Article 46. The Federal Senate is composed of representatives of the
states and of the Federal District, elected by a majority vote.
Paragraph 1 - Each state and the Federal District shall elect three Senators
for a term of office of eight years.
Paragraph 2 - One-third and two-thirds of the representation of each state
and of the Federal District shall be renewed every four years, alternately.
Paragraph 3 - Each Senator shall be elected with two substitutes.
Article 47. Except where there is a constitutional provision to the
contrary, the decisions of each House and of their committees shall be taken by
a majority vote, when the absolute majority of its members is present.
SECTION II - POWERS OF THE NATIONAL CONGRESS
Article 48. The National Congress shall have the
power, with the sanction of the President of the Republic, which shall not be
required for the matters specified in articles 49, 51 and 52, to provide for all
the matters within the competence of the Union and especially on:
I - system of taxation, collection of taxes and income distribution;
II - pluriannual plan, budgetary directives, annual budget, credit
transactions, public debt and issuance of currency;
III - establishment and modification of Armed Forces troops;
IV - national, regional and sectorial plans and programmes of development;
V - boundaries of the national territory, air and maritime space and property
of the Union;
VI- incorporation, subdivision or dismemberment of areas of territories or
states, after consulting with the respective Legislative Assembly;
VII - temporary transference of the seat of the Federal Government;
VIII - granting of amnesty;
IX - administrative and judicial organization of the Public Prosecution and the
Public Legal Defense of the Union and of the territories, and judicial
organization of the Public Prosecution and the Public Legal Defense of the
Federal District;
X - establishment, transformation and extinction of public offices, positions
and functions, with observance of the article 84, VI, b;
XI - establishment and extinction of Ministries and bodies of public administration;
XII - telecommunications and radio broadcasting;
XIII - financial, foreign exchange and monetary matters, financial institutions
and their operations;
XIV - currency, currency issuance limits, and amount of federal indebtedness.
XV - fixation of remuneration of the Justices of the Supreme Federal Tribunal, with due regard to articles 39, paragraph 4; 150, II; 153, III; and 153, paragraph 2, I.
Article 49. It is exclusively the competence of the National
Congress:
I - to decide conclusively on international treaties, agreements or international acts which
result in charges or commitments that go against the national property;
II - to authorize the President of the Republic to declare war, to make peace
and to permit foreign forces to pass through the national territory or remain
therein temporarily, with the exception of the cases provided by a
supplementary law;
III - to authorize the President and the Vice-President of the Republic to leave
the country, when such absence exceeds fifteen days;
IV - to approve a state of defense and federal intervention, authorize a state
of siege or suspend any of these measures;
V - to stop the normative acts of the Executive Power which exceed their
regimental authority or the limits of legislative delegation;
VI - to transfer its seat temporarily;
VII - to establish identical remuneration for Federal Deputies and Senators, taking into account the provisions of articles 37, XI; 39, paragraph 4; 150, II; 153, III, and 153, paragraph 2, I;
VIII -to establish, for each fiscal year, the remuneration of the President and
the Vice-President of the Republic and of the Ministers of State, taking into
account the provisions of articles 150, II, 153, III, and 153, paragraph 2, I;
IX - to examine each year the accounts rendered by the President of the
Republic and to consider the reports on the execution of Government plans;
X - to supervise and control directly or through either of its Houses, the
acts of the Executive Power, including those of the indirect administration;
XI - to ensure the preservation of legislative competence in the face of the
normative incumbency of the other Powers;
XII - to consider the acts of concession and renewal of concession of radio and
television stations;
XIII - to choose two-thirds of the members of the Court of Accounts of the Union;
XIV - to approve initiatives of the Executive Power referring to nuclear
activities
XV - to authorize a referendum and to call a plebiscite;
XVI - to authorize, in Indian lands, the exploitation and use of hydric
resources and the prospecting and mining of mineral resources
XVII - to give prior approval to the disposal or concession of public lands with
an area of over two thousand and five hundred hectares.
Article 50. The Chamber of Deputies and the Federal Senate, or any of their
committees, may summon a Minister of State or any chief officers of agencies
directly subordinate to the Presidency of the Republic to personally render
information on a previously determined matter, and absence without adequate
justification shall constitute a crime of malversation.
Paragraph 1 - The Ministers of State may attend the Federal Senate, the
Chamber of Deputies or any of their committees, on their own initiative and by
agreement with the respective Directing Board, to report on a matter of
relevance to their Ministry.
Paragraph 2 - The Directing Boards of the Chamber of Deputies and of the
Federal Senate may forward to the Ministers of State, or any of the persons
mentioned in the caption of this article, written requests for information, and
refusal or non-compliance, within a period of thirty days, as well as the
rendering of false information, shall constitute a crime of malversation.
SECTION III - THE CHAMBER OF DEPUTIES
Article 51. It is exclusively the competence of the Chamber of
Deputies:
I - to authorize, by two-thirds of its members, legal proceeding to be
initiated against the President and the Vice-President of the Republic and the
Ministers of State;
II - to effect the taking of accounts of the President of the Republic, when
they are not presented to the National Congress within sixty days of the
opening of the legislative session;
III - to draw up its internal regulations;
IV - to provide for its organization, functioning, police, creation,
transformation or extinction of offices, positions and functions of its
services, and the initiative of law for the establishment of their respective remuneration, taking into
account the guidelines set forth in the law of budgetary directives;
V - to elect the members of the Council of the Republic, in the manner
prescribed by article 89. VII.
SECTION IV - THE FEDERAL SENATE
Article 52. It is exclusively the competence of the Federal Senate:
I - to effect the legal proceeding and trial of the President and
Vice-President of the Republic for crime of malversation, as well as the Ministers of
State and the Commanders of Navy, Army and Air Force for crimes of the same nature relating to those;
II - to effect the legal proceeding and trial of the Justices of the Supreme
Federal Court, the members of the National Council of Justice and of the National Council of Public Prosecution, the Attorney-General of the Republic and the Advocate-General
of the Union for crimes of malversation;
III - to give prior consent, by secret voting, after public hearing, on the
selection of:
a) judges, in the cases established in this Constitution;
b) Justices of the Court of Accounts of the Union appointed by the
President of the Republic;
c) Governor of a territory;
d) president and directors of the Central Bank;
e) Attorney-General of the Republic;
f) holders of other offices, as the law may determine;
IV - to give prior approval, by secret voting, after closed hearing, on the
selection of heads of permanent diplomatic missions:
V - to authorize foreign transactions of a financial nature, of the interest
of the Union, the States, the Federal District, the territories and the
municipalities;
VI - to establish, as proposed by the President of the Republic, total limits
for the entire amount of the consolidated debt of the Union, the States, the
Federal District and the municipalities;
VII - to provide for the total limits and conditions for foreign and domestic
credit transactions of the Union, the States, the Federal District and the
municipalities, of their autonomous Government entities and other entities
controlled by the Federal Government;
VIII - to provide for limits and conditions for the concession of a guarantee by
the Union in foreign and domestic credit transactions;
IX - to establish total limits and conditions for the entire amount of the debt
of the States, the Federal District and the municipalities;
X - to stop the application, in full or in part, of a law declared
unconstitutional by final decision of the Supreme Federal Court;
XI - to approve, by absolute majority and by secret voting, the removal from
office of the Attorney-General of the Republic before the end of his term of
office;
XII - to draw up its internal regulations;
XIII - to provide for its organization, functioning, police, creation,
transformation or extinction of offices, positions or functions of its
services and the initiative of law for establishment of their respective remuneration, taking into
account the guidelines established in the law of budgetary directives;
XIV - to elect the members of the Council of the Republic, as established in
article 89, VII.
XV - evaluate periodically the functionality of the National Tax System, its structure and components, and the performance of the tax administrations of the Union, States, Federal District and municipalities.
Sole paragraph - In the cases provided for in items I and II, the Chief
Justice of the Supreme Federal Court shall act as President and the sentence,
which may only be issued by two-thirds of the votes of the Federal Senate,
shall be limited to the loss of office with disqualification to hold any
public office for a period of eight years, without prejudice to other
applicable judicial sanctions.
SECTION V - DEPUTIES AND SENATORS
Article 53. The Deputies and Senators enjoy inviolability, both civil and penal, on account
of any of their opinions, words and votes.
Paragraph 1 -Deputies and Senators, from the date of issuance of the electoral diploma, will be tried before the Supreme Federal Court.
Paragraph 2 - From the date of the issuance of the electoral diploma, the members of the National Congress may not be arrested, except in
flagrante delicto of an umbailable crime. In such case, the case records shall be remitted within twenty four hour to the respective House which, by vote of the majority of their members, shall decide about the prison.
Paragraph 3 - After accepting the indiction against Deputy or Senator, for
crimes occurred after the issuance of the diploma, the Supreme Federal Court shall communicate the respective House which, by initiative of a Political Party with representation in the House and by the vote of the majority of its Members, may, until the final decision, suspend the progress of the case.
Paragraph 4 - The request of suspension shall be examined by the respective House within fourty five days, non extendable, counted from the reception by the Directory Board.
Paragraph 5 - The suspension of the case stops the prescription of the crime, while the office lasts.
Paragraph 6 - The Deputies and Senators shall not have the obligation to
render testimony or information received or given by virtue of the exercise of
their mandate, nor against persons who rendered them information or received
information from them.
Paragraph 7 - Incorporation into the Armed Forces of Deputies and Senators
even if they hold military rank and even in time of war shall depend upon theca
previous granting of permission by the respective House.
Paragraph 8 - The immunities of Deputies and Senators shall be maintained
during a state of siege and may only be suspended by the vote of two-thirds of
the members of the respective House, in the case of acts committed outside the
premises of Congress, which are not compatible with the implementation of such
measure.
Article 54. Deputies and Senators may not:
I - after the issuance of their certificate of electoral victory:
a)sign or maintain a contract with a public legal entity, autonomous
Government agency, public company, mixed-capital company or public utility
company, unless the contract is in accordance with uniform clauses;
b) accept or hold a paid office, function or position including those from
which they may be dismissed ad nutum in the entities mentioned in the
preceding subitem;
II - after taking office:
a) be the owners, controllers or directors of a company which enjoys
benefits arising from a contract with a public legal entity or perform a
remunerated position therein;
b) hold an office or function from which they may be dismissed ad nutum, in
the entities mentioned in item I, a;
c) act as lawyer in a cause in which any of the entities referred to in
item I, a, has an interest;
d) be the holders of more than one public elective position or office.
Article 55. A Deputy or Senator shall lose his
office:
I - if he violates any of the prohibitions established in the preceding
article;
II - if his conduct is declared incompatible with parliamentary decorum;
III - if he fails to appear, in each legislative session, at one-third of the
regular sessions of the House to which he belongs, except for a leave of
absence or a mission authorized by the House concerned:
IV - if his political rights have been lost or suspended;
V - whenever decreed by the Electoral Courts, in the cases established in this
Constitution;
VI - if he is criminally convicted by a final and unappealable sentence.
Paragraph 1 - Abuse of the prerogatives ensured to a Congressman or
the gaining of undue advantages, in addition to the cases defined in the
internal regulations, is incompatible with parliamentary decorum.
Paragraph 2 - In the cases of items I, II and VI, loss of office shall be
declared by the Chamber of Deputies or the Federal Senate, by secret voting and
absolute majority, on the initiative of the respective Directing Board or of a
political party represented in the National Congress, full defense being
ensured.
Paragraph 3 - In the cases set forth in items III to V, the loss shall be
declared by the Directing Board of the respective House, ex officio or
upon the initiative of any of its members, or of a political party represented
in the National Congress, full defense being ensured.
Paragraph 4 - The resignation of a Congressman submitted to a legal suit that
aims at or may lead to loss of mandate, under the provisions of this article,
will have its effects suspended until the final deliberations mentioned in
paragraphs 2 and 3.
Article 56. A Deputy or Senator shall not lose his office:
I - if vested with the office of Minister of State, Governor of a territory,
Secretary of a State, of the Federal District, of a territory, of a State
capital or head of a temporary diplomatic mission;
III - if on leave of absence from the respective House, by virtue of illness or,
without remuneration, to attend to private matters, provided that, in this
case, the absence does not exceed one hundred and twenty days per legislative
session.
Paragraph 1. The substitute shall be called in cases of
vacancy, of investiture in the functions set forth in this article or of leave
of absence exceeding one hundred and twenty days.
Paragraph 2 - Upon the occurrence of a vacancy and there being no substitute,
if more than fifteen months remain before the end of the term of office, an
election shall be held to fill it.
Paragraph 3 - In the event of item I, the Deputy or Senator may opt for the
remuneration of the elective office.
SECTION VI - THE SESSIONS
Article 57. The National Congress shall meet each year in the Federal
Capital, from February 2nd to July 17th and from August 1st to December 2nd.
Paragraph 1 - If sessions scheduled for these dates fall on a Saturday, a
Sunday or a holiday, they shall be transferred to the subsequent workday.
Paragraph 2 - The legislative session shall not be interrupted before the
approval of the bill of budgetary directives .
Paragraph 3 - In addition to other cases provided for in this Constitution
the Chamber of Deputies and the Federal Senate shall meet in a joint session to:
I - inaugurate the legislative session;
II - draw up the common regulations and regulate the creation of services
common to both Houses;
III - take the oath of the President and of the Vice-President of the Republic;
IV - acknowledge a veto and resolve thereon.
Paragraph 4 - Each of the Houses shall meet in a preparatory session, beginning February 1 of the first year of
the legislative term, for the installation of its members and the election of
the respective Directing Boards, for a term of office of two years, the
re-election to the same office in the immediately subsequent election being
prohibited.
Paragraph 5 - The Directing Board of the National Congress shall be presided
by the President of the Federal Senate and the remaining offices shall be held,
alternately, by the holders of equivalent offices in the Chamber of Deputies and
in the Federal Senate.
Paragraph 6 - Special sessions of the National Congress shall be called:
I - by the President of the Federal Senate, in the event of a decree of a
state of defense or of federal intervention, of a demand for the authorization
to decree a state of siege and the taking of oath and inauguration of the
President and the Vice-President of the Republic;
II - by the President of the Republic, by the Presidents of the Chamber of
Deputies and of the Federal Senate or by request of the majority of the
members of both Houses, in case of urgency or important public interest, in any case with the approval by the absolute majority of each of the Houses of the National Congress.
Paragraph 7 - In a special legislative session, the National Congress
shall deliberate only upon the matter for which it was called, excepted the hypothesis of paragraph 8, the payment of indemnization on account of the calling being forbidden.
Paragraph 8 - If provisional measures are in force during the period of special legislative session of the National Congress, they shall be automatically included in the voting list.
SECTION VII - THE COMMITTEES
Article 58. The National Congress and both its Houses shall have
permanent and temporary committees, established in the manner and with the
incumbencies set forth in the respective regulations or in the act from which
their creation
Paragraph 1. In the composition of the Directing Boards and of each
committee, the proportional representation of the parties or the parliamentary
groups which participate in the respective House shall be ensured to the extent
possible.
Paragraph 2 - The committees have the power, on account of the matter under
their authority.
I - to debate and vote on bills of law which, in accordance with the
regulations, are exempt from being submitted to the Plenary Assembly, except
in the event of an appeal from one-tenth of the members of the respective
House;
II - to hold public audiences with entities of civil society;
III - to summon Ministers of State to render information on matters inherent to
their duties;
IV - to receive petitions, claims, statements or complaints from any person
against acts or omissions of Government authorities or entities;
V - to request the testimony of any authority or citizen;
VI - to examine construction work programs and national, regional and sectorial
development plans and to report thereupon.
Paragraph 3 - Parliamentary
inquiry committees, which shall have the powers of investigation inherent to the
judicial authorities, in addition to other powers set forth in the regulations
of the respective Houses, shall be created by the Chamber of Deputies and by the
Federal Senate, jointly or separately, upon the request of one-third of its
members, to investigate a given fact and for a certain period of time? and their
conclusions shall, if the case may be, be forwarded to the Public Prosecution to
determine the civil or criminal liability of the offenders.
Paragraph 4 - During recess there shall be a committee to represent the
National Congress, elected by both its Houses in the last regular session of the
legislative session, with incumbencies defined in the common regulations, the
composition of which shall repeat, to the extent possible, the proportional
representation of the political parties.
SECTION VIII - THE LEGISLATIVE PROCESS
SUBSECTION I - GENERAL PROVISION
Article 59. The legislative process comprises the preparation of:
I - amendments to the Constitution;
II - supplementary laws;
III - ordinary laws;
IV - delegated laws;
V - provisional measures;
VI - legislative decrees;
Sole paragraph - A supplementary law shall
provide for the preparation, drafting, amendment and consolidation of laws.
SUBSECTION II - AMENDMENTS TO THE CONSTITUTION
Article 60. The Constitution may be amended on the proposal of:
I - at least one-third of the members of the Chamber of Deputies or of the
Federal Senate;
II - the President of the Republic;
III - more than one half of the Legislative Assemblies of the units of the
Federation, each of them expressing itself by the relative majority of its
members.
Paragraph l - The Constitution shall not be amended while
federal intervention, a state of defense or a state of siege is in force.
Paragraph 2 - The proposal shall be discussed and voted upon in each House of
the National Congress, in two readings, and it shall be considered approved if
it obtains in both readings, three-fifths of the votes of the respective
members.
Paragraph 3 - An amendment to the Constitution shall be promulgated by the
Directing Boards of the Chamber of Deputies and the Federal Senate with the
respective sequence number.
Paragraph 4 - No proposal of amendment shall be considered which is aimed at
abolishing:
I - the federative form of State;
II - the direct, secret, universal and periodic vote;
III - the separation of the Government Powers;
IV - individual rights and guarantees.
Paragraph 5 - The matter dealt
with in a proposal of amendment that is rejected or considered impaired shall
not be the subject of another proposal in the same legislative session.
SUBSECTION III - THE LAWS
Article 61. The initiative of supplementary and ordinary laws is
within the competence of any member or committee of the Chamber of Deputies and
the Federal Senate or the National Congress, the President of the Republic, the
Supreme Federal Court, the Superior Courts, the Attorney-General of the Republic
and the citizens, in the manner and in the cases provided for in this
Constitution.
Paragraph 1 - It is the exclusive initiative of the President of the Republic
to introduce laws that:
I - determine or modify the number of Armed Forces troops;
II - provide for:
a) creation of public offices, functions or positions in the direct
administration and in autonomous Government agencies or increases in their
salaries;
b) administrative and judicial organization, tax and budgetary matters,
public services and administrative personnel of the territories;
c) civil servants of the Union and Territories, their legal statute,
appointment to offices, tenure and retirement;
d) organization of the Public Prosecution and of the Public Legal Defense
of the Union, as well as general rules for the organization of the Public
Prosecution and the Public Legal Defense of the states, the Federal District
and the territories;
e) creation and extinction of the Ministries and public
administration agencies, with due regard to the article 84, VI;
f) military of the Armed Forces, their legal statute, appointment to offices, promotions,
tenure, remuneration, retirement, and transfer to the reserve.
Paragraph 2 - The initiative of the
people may be exercised by means of the presentation to the Chamber of Deputies
of a bill of law subscribed by at least one percent of the national electorate,
distributed throughout at least five states, with not less than three-tenths of
one percent of the voters in each of them.
Article 62. In important and urgent cases, the President of the
Republic may adopt provisional measures with the force of law and shall submit
them to the National Congress immediately.
Paragraph 1. No provisional measures should treat about matters:
I - relative to:
a) nationality, citizenship, political rights, political parties and electoral rights;
b) criminal laws, criminal process and civil process;
c) organization of Judiciary Power, Public Prosecution, the career and guarantees of their members;
d) pluriannual plans, budgetary directives, annual budgetary law, aditional and supplementary credits, except what is mentioned on art. 167, paragraph 3;
II - which refer to levy or retetion of assets, popular savings or any other financial assets;
III - reserved to supplementary laws;
IV - already disciplined by a law approved by Congress and awaiting sanction or veto by the President;
Paragraph 2. Provisional measures which institute or increase taxes, except for the cases mentioned on arts. 153, I, II, IV, V and 154, II, will produce efects in the following financial exercize only if converted into law until the last day of the year in which it was issued.
Paragraph 3. Provisional measures, except for those mentioned on articles 11 and 12, will loose eficacy, since back to the issuing date, if not converted into laws within sixty days, extendable, once, according to the disposed on paragraph 7, for the same period of time, being up to the Congress to discipline, by means of a Legislative Decree, the juridic relations resulting of them
Paragraph 4. The period mentioned on paragraph 3 will be counted from the date of publication of the provisional measure, being suspended during the periods of recess of the Congress.
Paragraph 5. The deliberation of each House of Congress about the merit of provisional measures will depend on previous judgement on the meeting of the constitutional pre-conditions of admissibility;
Paragraph 6. If the provisional measure is not appreciated in the 45 days after publication, it will gain urgency regime status, subsequently, in each of the Houses of Congress, being postponed, until the end of its appreciation, all the other legislative deliberations of the House in which it is being examined.
Paragraph 7. The validity of a provisional measure will be extended once, for the same period, if, after sixty days counted from the publication, its appreciation is not concluded on both Houses of Congress.
Paragraph 8. Provisional measures will be voted first by the Chamber of Deputies.
Paragraph 9. It will be up to a Committee composed by Deputies and Senators to examin the provisional measures and to issue an opinion about them, before being voted, in separated sessions, by the plenarium of each House of Congress.
Paragraph 10. Provisional measures which were rejected or had lost efficacy can not be reissued in the same legislative session.
Paragraph 11. If the legislative decree mentioned on paragraph 3 is not edited within sixty days after rejection or decay of provisional measure, the juridic relations constituted and consequential of acts practiced during its validity will remain regulated by them.
Paragraph 12. If the draft of law of conversion changing the original text of provisional measure is approved, the measure will remain in full force until being sanctioned or vetoed by the President.
Article 63. An increase in expenditure proposals shall not be
admitted:
I - in bills of the exclusive initiative of the President of the Republic,
except for the provisions of article 166, paragraphs 3 and 4;
III - in bills concerning theca organization of the administrative services of
the Chamber of Deputies, the Federal Senate, the Federal Courts and the Public
Prosecution.
Article 64. The discussion and voting of the bills
of law which are the initiative of the President of the Republic, the Supreme
Federal Court and of the Superior Courts shall start in the Chamber of Deputies.
Paragraph 1 - The President of the Republic may request urgency in the
examination of bills of his own initiative.
Paragraph 2 - If, in the case of the preceding paragraph, the Chamber of
Deputies and the Federal Senate fail to act, each one, successively on the
proposition, within up to forty-five days, the deliberation upon other subjects shall be
suspended, except for those which have specific Constitutional deadlines, in order that the voting may be concluded.
Paragraph 3 - Amendments of the Federal Senate shall be examined by the
Chamber of Deputies within a period of ten days, in accordance, otherwise. with
the provisions of the preceding paragraph.
Paragraph 4 - The periods of time referred to in paragraph 2 shall not be
counted while the Congress is in recess and shall not apply to the bills of
codes.
Article 65. A bill of law approved by one House shall be reviewed by
the other in a single reading of discussing and voting and sent for sanctioning
or promulgation, if approved by the reviewing House, or it shall be dismissed,
if rejected.
Sole paragraph - If the bill is amended, it shall return to the House where
it was proposed.
Article 66. The House in which voting is concluded shall send the bill
of law to the President of the Republic, who, if he concurs, shall sanction it.
Paragraph 1 - If the President of the Republic considers the bill of law,
wholly or in part, unconstitutional or contrary to public interest, he shall
veto it, wholly or in part, within fifteen work days, counted from the date of
receipt and he shall, within forty-eight hours, inform the President of the
Senate of the reasons of his veto.
Paragraph 2 - A partial veto shall only comprise the full text of an article,
paragraph, item or subitem.
Paragraph 3 - After a period of fifteen days, the silence of the President of
the Republic shall be considered as sanctioning.
Paragraph 4 - The veto shall be examined in a joint session, within thirty
days, counted from the date of receipt, and may only be rejected by the absolute
majority of the Deputies and Senators, by secret voting.
Paragraph 5 - If the veto is not upheld, the bill shall be sent to the
President of the Republic for promulgation.
Paragraph 6 - If the period established in paragraph 4 elapses without a
decision being reached, the veto shall be included in the order of the day of
the following session, and all other propositions shall be suspended until its
final voting.
Paragraph 7 - If, in the cases of paragraphs 3 and 5, the law is not
promulgated within forty-eight hours by the President of the Republic, the
President of the Senate shall enact it and if the latter fails to do so within
the same period, the Vice-President of the Senate shall do so.
Article 67. The matter dealt with in a rejected bill of law may only
be the subject of a new bill during the same legislative session, upon proposal
of the absolute majority of the members of either House of the National
Congress.
Article 68. Delegated laws shall be drawn up by the President of the
Republic, who shall request delegation from the National Congress.
Paragraph 1 - There shall be no delegation of acts falling within the
exclusive competence of the National Congress, of those within the exclusive
competence of the Chamber of Deputies or the Federal Senate, of matters reserved
for supplementary laws and of legislation on:
I - the organization of the Judicial Power and of the Public Prosecution, the
career and guarantees of their members;
II - nationality, citizenship, individual, political and electoral rights,
III - pluriannual plans, budgetary directives and budgets.
Paragraph 2 -
The delegation to the President of the Republic shall take the form of a
resolution of the National Congress, which shall specify its contents and the
terms of its exercise.
Paragraph 3 - If the resolution calls for consideration of the bill by the
National Congress, the latter shall do so in a single voting, any amendment
being forbidden.
Article 69. Supplementary laws shall be approved by absolute majority.
SECTION IX - ACCOUNTING, FINANCIAL AND BUDGETARY CONTROL
Article 70. Control of accounts, finances, budget, operations and
property of the Union and of the agencies of the direct and indirect
administration, as to lawfulness, legitimacy, economic efficiency, application
of subsidies and waiver of revenues, shall be exercised by the National
Congress, by means of external control and of the internal control system of
each Power.
Sole paragraph - Accounts shall be rendered by any individual or corporation, public or private, which uses, collects, keeps, or manages public monies, assets or values,
or those for which the Union is responsible or which, on behalf of the Union,
assumes obligations of a pecuniary nature.
Article 71. External control, incumbent on the National Congress,
shall be exercised with the aid of the Federal Court of Accounts, which shall:
I - examine the accounts rendered annually by the President of the Republic,
by means of a prior opinion which shall be prepared in sixty days counted from
receipt;
II - evaluate the accounts of the administrators and other persons responsible
for public monies, assets and values of the direct and indirect
administration, including foundations and companies instituted and maintained
by the Federal Government as well as the accounts of those who have caused a
loss, misplacement or other irregularity resulting in losses to the public
treasury:
III - examine, for the purpose of registration, the lawfulness of acts of
admission of personnel, on any account, in the direct and indirect
administration, including the foundations instituted and maintained by the
Federal Government, with the exception of the appointments to commission
offices, as well as the granting of civil and military retirement and
pensions, except for subsequent improvements which do not alter the legal
fundaments of the conceding act;
IV - carry out, on its own initiative or on that of the Chamber of Deputies, of
the Federal Senate, or of a technical or inquiry committee, inspection and
audits of an accounting, financial, budgetary, operational or property nature
in the administrative units of the Legislative, Executive and Judicial Powers
and other entities referred to in item II;
V - control the national accounts of supranational companies in whose capital
stock the Union holds a direct or indirect interest, as set forth in the acts
of incorporation:
VI - control the use of any funds transferred by the Union, by means of an
agreement, arrangement, adjustment or any other similar instrument, to a
state, the Federal District or a municipality;
VII - render the information requested by the National Congress, by either of
its Houses or by any of the respective committees concerning accounting,
financial, budgetary, operational and property control and the results of
audits and inspections made;
VIII - in case of illegal expenses or irregular accounts, apply to the
responsible parties the sanctions provided by law, which shall establish,
among other comminations, a fine proportional to the damages caused to the
public treasury;
IX - determine a period of time for the agency or entity to take the necessary
steps for the strict compliance with the law, if an illegality is established;
X - if not heeded, stop the execution of the impugned act, notifying the
Chamber of Deputies and the Federal Senate of such decision;
XI - present a formal charge to the competent Power on any irregularities or
abuses verified.
Paragraph 1 - In the case of a contract, the
restraining act shall be adopted directly by the National Congress, which shall
immediately request the Executive Power to take the applicable measures.
Paragraph 2 - If the National Congress or the Executive Power, within ninety
days, do not take the measures provided for in the preceding paragraph. the
Court shall decide on the matter.
Paragraph 3 - Decisions of the Court resulting in the imposition of a debt or
fine shall have the effectiveness of an execution instrument.
Paragraph 4 - The Court shall, quarterly and annually, forward to the
National Congress a report on its activities.
Article 72. In view of indications of unauthorized expenditure, even
if in the form of non-programmed investments or non-approved subsidies, the
permanent joint Committee referred to in article 166, paragraph 1, may request
the responsible Government authority to render the necessary explanation, within
five days.
Paragraph 1 - If the explanations are not rendered or are considered
insufficient, the Committee shall request the Court to make a conclusive
statement on the matter within thirty days.
Paragraph 2 - If the Court deems the expense to be irregular, the Committee
shall, if it considers that the expenditure may cause irreparable damage or
serious injury to the public economy, propose to the National Congress that it
be suspended.
Article 73. The Court of Accounts of the Union, formed by nine
Justices, shall have its seat in the Federal District, its own staff and
jurisdiction throughout the national territory, and shall exercise, insofar as
pertinent, the incumbencies provided for in article 96.
Paragraph 1. The Justices of the Court of Accounts of the Union shall be
appointed from among Brazilians who meet the following requirements:
I - more than thirty-five and less than sixty-five years of age;
II - moral integrity and spotless reputation;
III - notable knowledge of the law, accounting, economics and finances or of
public administration;
IV - more than ten years of exercise of office or of actual professional
activity which requires the knowledge mentioned in the preceding item.
Paragraph 2 - The Justices of the Court of Accounts of the Union shall
be chosen:
I - one-third by the President of the Republic with the approval of the
Federal Senate, two of them being alternately chosen from among auditors and
members of the Public Prosecution at the Court, as indicated in a triple list
by the Court, in accordance with criteria of seniority and merit:
II - two-thirds by the National Congress.
Paragraph 3 - The Justices of
the Court of Accounts of the Union shall have the same guarantees, prerogatives,
impediments, remuneration and advantages as the Justices of the Superior Court
of Justice, their retirement and pensions being regulated by the norms provided for in article 40.
Paragraph 4 - The auditor, when substituting for a Justice, shall have the
same guarantees and impediments as the incumbent Justice, and, when in exercise
of the other duties of the judicature, those of a Judge of a Federal Regional
Court.
Article 74. The Legislative, Executive and Judicial Powers shall
maintain an i ntegrated system of internal control for the purpose of:
I - evaluating the attainment of the goals established in the pluriannual
plan, the implementation of government programmes and of the budgets of theca
Union:
II - verifying the lawfulness and evaluating the results, as to effectiveness
and efficiency, of the budgetary, financial and property management in the
agencies and entities of the federal administration, as well as the use of
public funds by private legal entities;
III - exercising control over credit transactions, collateral signatures and
guarantees, as well as over the rights and assets of the Union;
IV - supporting external control in the exercise of its institutional mission.
Paragraph 1. The persons responsible for internal control shall, upon
learning of any irregularity or illegality, inform the Court of Accounts of the
Union about it, subject to joint liability.
Paragraph 2 - Any citizen, political party. association or labour union has
standing under the law to denounce irregularities or illegalities to the Court
of Accounts of the Union.
Article 75. The rules set forth in this section shall apply, where
appropriate, to the organization, composition and control of the Court of
Accounts of the states and of the Federal District, as well as the Courts and
Councils of Accounts of the municipalities.
Sole paragraph - The state Constitutions shall provide for the respective
Courts of Accounts, which shall be formed by seven council members.
CHAPTER II - THE EXECUTIVE POWER
SECTION I - THE PRESIDENT AND THE VICE PRESIDENT OF THE
REPUBLIC
Article 76. The Executive Power is exercised by the
President of the Republic, assisted by the Ministers of State.
Article 77.
The election of the President and Vice-President of the
Republic shall take place simultaneously, on the first Sunday of October, in the first round,
and on the last Sunday of October, in the second round, as the case may be, of the year preceding
the one in which the current presidential term of office ends.
Paragraph 1. The election of the President of the Republic shall imply the
election of the Vice-President registered with him.
Paragraph 2 - The candidate who, being registered by a political party,
obtains an absolute majority of votes, not counting blank or void votes, shall
be considered elected President.
Paragraph 3 - If no candidate attains an absolute majority in the first
voting, another election shall be held within twenty days from the announcement
of the results, the competition being between the two candidates with the
highest number of votes, and being considered elected the candidate with the
majority of valid votes.
Paragraph 4 - Should one of the candidates, before the second round of voting
is held, die, withdraw or become legally impaired, the candidate with the
highest number of votes among the remaining candidates shall be called.
Paragraph 5 - If in the event of the preceding paragraphs, more than one
candidate with an equal number of votes remain in second place, the eldest one
shall qualify.
Article 78. The President and the Vice-President of the Republic shall
take office in a session of the National Congress, pledging to maintain, defend
and carry out the Constitution, obey the laws, promote the general well-being of
the Brazilian people, sustain the union, the integrity and the independence of
Brazil.
Sole paragraph - In the event that, after ten days from the date scheduled
for the inauguration, the President or the Vice-President, except by reason of
force majeure has not taken office. the office shall be declared vacant.
Article 79. The Vice-President shall replace the President in the
event of impediment and shall succeed him in the event of vacancy.
Sole paragraph - In addition to other duties attributed to him by a
supplementary law, the Vice-President shall assist the President whenever
summoned by him for special missions.
Article 80. In the event of impediment of the President and of the
Vice- President or of vacancy of the respective offices, the President of the
Chamber of Deputies, the President of the Senate and the Chief Justice of the
Supreme Federal Court shall be called successively to exercise the Presidency.
Article 81. In the event of vacancy of the offices of President and
Vice-President of the Republic, elections shall be held ninety days after the
occurrence of the last vacancy.
Paragraph 1 - If the vacancy occurs during the last two years of the
President's term of office, the National Congress shall hold elections for both
offices thirty days after the last vacancy. as established bv law.
Paragraph 2 - In any of the cases, those elected shall complete the term of
office of their predecessors.
Article 82.
The term of office of the President of the Republic is four years, and it shall commence on January 1 of the year following the year of his
election.
Article 83. The President and the Vice-President of the Republic may
not, without authorization from the National Congress, leave the country for a
period of more than fifteen days, subject to loss of office.
SECTION II - DUTIES OF THE PRESIDENT OF THE REPUBLIC
Article 84. The President of the Republic shall have the exclusive
power to:
I - appoint and dismiss the Ministers of State:
II - exercise, with the assistance of the Ministers of State, the higher
management of the federal administration;
III - start the legislative procedure, in the manner and in the cases set forth
in this Constitution;
IV - sanction, promulgate and order the publication of laws, as well as to
issue decrees and regulations for the true enforcement thereof;
V - veto bills, wholly or in part;
VI - provide, by means of decree, on:
a) organization and structure of federal administration, in the cases where there is neither increase of expenses nor creation or extinction of public agencies;
b) extinction of offices or positions, when not held.
VII - maintain relations with foreign States and to accredit their diplomatic
representatives;
VIII - conclude international treaties, conventions and acts, ad referendum of
the National Congress;
IX - decree the state of defense and the state of siege;
X - decree and enforce federal intervention;
XI - upon the opening of the legislative session, send a government message and
plan to the National Congress, describing the state of the nation and
requesting the actions he deems necessary;
XII - grant pardons and reduce sentences, after hearing the entities instituted
by law, if necessary;
XIII - exercise the supreme command of the Armed Forces, appoint the commanders of Navy, Army and Air Force, to promote general
officers and to appoint them to the offices held exclusively by them;
XIV - appoint, after approval by the Senate, the Justices of the Supreme Federal
Court and those of the superior courts, the Governors of the territories, the
Attorney-General of the Republic, the President and the Directors of the
Central Bank and other civil servants, when established by law;
XV - appoint, with due regard for the provisions of article 73, the Justices of
the Federal Court of Accounts;
XVI - appoint judges in the events established by this Constitution and the
Advocate-General of the Union;
XVII - appoint members of the Council of the Republic, in accordance with article
89, VII;
XVIII - call and preside over the Council of the Republic and the National Defense
Council;
XIX - declare war, in the event of foreign aggression, authorized by the
National Congress or confirmed by it, whenever it occurs between legislative
sessions and, under the same conditions, to decree full or partial national
mobilization;
XX - make peace, authorized or confirmed by the National Congress;
XXI - award decorations and honorary distinctions;
XXII - permit, in the cases set forth by supplementary law, foreign forces to
pass through the national territory, or to remain temporarily therein;
XXIII - submit to the National Congress the pluriannual plan, the bill of
budgetary directives and the budget proposals set forth in this Constitution;
XXIV - render, each year, accounts to the National Congress concerning the
previous fiscal year, within sixty days of the opening of the legislative
session;
XXV - fill and abolish federal government positions, as set forth by law;
XXVI - issue provisional measures, with force of law, according to article 62;
XXVII - perform other duties set forth in this Constitution.
Sole paragraph - The President of the Republic may delegate the duties mentioned in
items VI, XII and XXV, first part, to the Ministers of State, to the
Attorney-General of the Republic or to the Advocate-General of the Union, who
shall observe the limitations established in the respective delegations.
SECTION III - LIABILITY OF THE PRESIDENT OF THE REPUBLIC
Article 85. Those acts of the President of the Republic which attempt
on the Federal Constitution and especially on the following, are crimes of
malversation:
I - the existence of the Union;
II - the free exercise of the Legislative Power, the Judicial Power, the Public
Prosecution and the constitutional Powers of the units of the Federation;
III -the exercise of political, individual and social rights;
IV - the internal security of the country;
V - probity in the administration;
VI - the budgetary law;
VII - compliance with the laws and with court decisions.
Sole paragraph. These crimes shall be defined in a special law, which shall establish the
rules of procedure and trial.
Article 86. If charges against the President of the Republic are
accepted by two-thirds of the Chamber of Deputies, he shall be submitted to
trial before the Supreme Federal Court for common criminal offenses or before
the Federal Senate for crimes of malversation.
Paragraph 1 - The President shall be suspended from his functions:
I - in common criminal offenses, if the accusation or the complaint is
received bv the Federal Supreme Court;
II - in the event of crimes of malversation, after the proceeding is instituted
bv the Federal Senate.
Paragraph 2 - If, after a period of one hundred
and eighty days, the trial has not been concluded, the suspension of the
President shall cease without prejudice to the normal progress of the
proceeding.
Paragraph 3 - In the event of common offenses, the President of the Republic
shall not be subject to arrest as long as no sentence is rendered.
Paragraph 4 - During his term of office, the President of the Republic may
not be held liable to acts outside the performance of his functions.
SECTION IV - THE MINISTERS OF STATE
Article 87.
The Ministers of State shall be chosen from among Brazilians over twenty-one
years of age and in possession of their political rights.
Sole paragraph - The Minister of State, in addition to other duties
established in this Constitution and in the law, has the power to:
I - exercise guidance, coordination and supervision of the agencies and
entities of the federal administration in the area of his authority and to
countersign acts and decrees signed by the President of the Republic;
II - issue instructions for the enforcement of laws, decrees and regulations;
III - submit to the President of the Republic an annual report on his
administration of the Ministry;
IV - perform the acts pertinent to the duties assigned or delegated to him by
the President of the Republic.
Article 88. The law shall
provide for the creation and extingshment of the Ministries and bodies of the public administration.
SECTION V - THE COUNCIL OF THE REPUBLIC AND THE NATIONAL DEFENSE
COUNCIL
SUBSECTION I - THE COUNCIL OF THE REPUBLIC
Article 89. The Council of the Republic is a higher body for
consultation by the President of the Republic, and its members are:
I - the Vice-President of the Republic;
II - the President of the Chamber of Deputies;
III - the President of the Federal Senate;
IV - the majority and the minority leaders in the Chamber of Deputies;
V - the majority and the minority leaders in the Federal Senate;
VI - the Minister of Justice;
VII - six born Brazilian citizens, with over thirty-five years of age, two of
which appointed by the President of the Republic, two elected by the Federal
Senate and two elected by the Chamber of Deputies, all with a term of office
of three years, the re-appointment being prohibited.
Article 90. The Council of the Republic has the competence to express opinion on:
I - federal intervention, state of defense and state of siege;
II - matters relevant to the stability of the democratic institutions.
Paragraph 1. The President of the Republic may call a State Minister
to participate in the Council meeting, when the agenda includes a matter related
to the respective Ministry.
Paragraph 2 - The organization and operation of the Council of the Republic
shall be regulated by law.
SUBSECTION II - THE NATIONAL DEFENSE COUNCIL
Article 91. The National Defense Council is a consultation body of the
President of the Republic on matters related to national sovereignty and the
defense of the democratic state, and the following participate in it as natural
members:
I - the Vice-President of the Republic;
II - the President of the Chamber of Deputies;
III - the President of the Federal Senate;
IV - the Minister of Justice;
V - the Minister of Defense;
VI - the Minister of External Relations;
VII - the Minister of Planning.
VIII - the Commanders of the Navy, Army and Air Force.
Paragraph 1 - It is the competence of
the National Defense Council:
I - to express opinion in the event of declaration of war and making of peace,
as established in this Constitution;
II - to express opinion on the decreeing of state of defense, state of siege
and federal intervention;
III - to propose the criteria and conditions for the use of areas which are
indispensable to the security of the national territory and to express opinion
on their actual use, especially on the boundary zone and on those related to
the preservation and exploitation of natural resources of any kind;
IV - to study, propose and monitor the development of initiatives required to
guarantee national independence and the defense of the democratic state.
Paragraph 2 - The organization and the operation of the National
Defense Council shall be regulated by law.
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