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Constituição Federal Completa e Atualizada


PREAMBLE We, representatives of the Brazilian people, gathered
National Constituent Assembly to establish a Democratic State, designed to
ensuring the exercise of social rights and individual, freedom, security,
welfare, development, equality and justice as supreme values ​​of a
fraternal society, pluralistic and without prejudice, founded on social harmony and commitment,
in domestic and international order, with the solution peaceful controversy, we promulgate,
under God’s protection, the following CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL. TITLE I Of the Fundamental Principles Article 1. The Federative Republic of Brazil,
formed by the indissoluble union of the and Municipalities and the Federal District,
Democratic Rule of Law and has as its fundamentals: I – sovereignty; II – the citizenship III – the dignity of the human person; IV – the social values ​​of labor and free
initiative; V – political pluralism. Single paragraph. All power emanates from the people,
exercising it through elected representatives or directly under this Constitution. Art. 2 Are Powers of the Union, independent
and harmonics among themselves, the Legislature, the Executive and the judiciary. Art. 3 Are fundamental objectives
of the Federative Republic of Brazil: I – build a free, fair and
supportive; II – guarantee national development; III – eradicate poverty and marginalization
and reduce social and regional inequalities; IV – promote the good of all without prejudice
of origin, race, sex, color, age and any other forms of discrimination. Article 4 The Federative Republic of Brazil
is governed by its international relations following principles: I – national independence; II – prevalence of human rights; III – self-determination of peoples; IV – nonintervention; V – equality between states; VI – defense of peace; VII – peaceful settlement of conflicts; VIII – repudiation of terrorism and racism; IX – Cooperation among peoples for progress
of humanity; X – granting political asylum. Single paragraph. The Federative Republic
Brazil will seek economic integration, political, social and cultural
Latin America, aiming at the formation of a Latin American community of nations. TITLE II About fundamental rights and guarantees CHAPTER I INDIVIDUAL AND COLLECTIVE RIGHTS AND DUTIES Art. 5 All are equal before the law,
without distinction of any kind, ensuring to Brazilians and foreign residents
in the country the inviolability of the right to life, freedom, equality, security
and property, as follows: I – men and women are equal in rights
and obligations under this Constitution; II – no one will be obliged to do or leave
to do anything but by virtue of law; III – no one shall be subjected to torture or
inhuman or degrading treatment; IV – the manifestation of thought is free,
anonymity being prohibited; V – the right of reply proportionate to
grievance, in addition to indemnity for damage material, moral or image; VI – freedom of conscience is inviolable
and belief, with free exercise being assured religious cults and guaranteed, in the form
protection of places of worship and to their liturgies; VII – under the terms of the law, the
provision of religious assistance in civil and military detention
collective; VIII – No one shall be deprived of rights.
because of religious belief or conviction philosophical or political, unless you invoke them
to avoid legal obligation to all imposed and refuse to comply with
alternative, fixed by law; IX – the expression of intellectual activity is free,
artistic, scientific and communication regardless of censorship or license; X – intimacy, life are inviolable
privacy, honor and image of the people, assured the right to compensation for material damage
or moral deriving from its violation; XI – the house is the inviolable asylum of the individual,
no one can enter without consent of the resident, except in the case of a flagrant offense
or disaster, or to provide relief, or, during the day, by court order;
(See Law No. 13,105 of 2015) (Term) XII – the confidentiality of correspondence is inviolable
and telegraphic communications, data and telephone communications, except,
in the latter case, by court order, in the cases and in the form that the law establishes for
criminal investigation or instruction criminal procedure; (See Law No. 9,296, of
1996) XIII – the exercise of any work is free,
craft or profession, meeting the qualifications professionals established by law; XIV – Everyone is granted access to information
and the confidentiality of the source is safeguarded, when necessary. professional practice; XV – is free to move around the territory
peacetime, and any person, in accordance with the law, enter, remain
or go out with his goods; XVI – Everyone can meet peacefully,
without weapons, in places open to the public, regardless of authorization, provided
not frustrate another meeting previously summoned to the same place, being only
advance notice required from the competent authority; XVII – Freedom of Association is Full
for lawful purposes, paramilitary nature is prohibited; XVIII – the creation of associations and, in
According to the law, cooperatives authorization is prohibited and interference
state in its operation; XIX – associations may only be compulsorily
dissolved or have their activities suspended by judicial decision, requiring in the first
case, the final judgment; XX – No One Can Be Compelled to Join
or to remain associated; XXI – the associative entities, when expressly
have the legitimacy to represent its affiliates judicially or extrajudicially; XXII – the right to property is guaranteed; XXIII – The Property Will Serve Its Function
Social; XXIV – the law shall establish the procedure
for expropriation by necessity or utility public interest or by social interest by
fair and prior cash compensation, except in the cases provided for in this Constitution; XXV – in case of imminent public danger,
the competent authority may use proprietary provided to the owner compensation
later if there is damage; XXVI – the small rural property, as
defined by law, provided it is worked by the family, will not be the object of attachment to
payment of debts arising from your activity the law on the means of
finance its development; XXVII – The Authors Believe the Exclusive Right
of use, publication or reproduction of his works, transferable to the heirs
as long as the law sets; XXVIII – are ensured, under the terms of the law: a) the protection of individual holdings
in collective works and image reproduction and human voice, including in sports activities; b) the right to supervise the exploitation
of the works they create or that participate to the creators, the interpreters
and their trade union representations and associative; XXIX – The law will ensure inventors
industrial temporary privilege for their as well as protection of
industrial property, trademark ownership, company names and other distinguishing signs,
with a view to social interest and development technological and economic status of the country; XXX – the right of inheritance is guaranteed; XXXI – The Succession of Foreign Property
located in the country shall be governed by to the benefit of the spouse or the
Brazilian children, whenever they are not more favorable to the personal law of “de cujus”; XXXII – The State shall promote, as provided by law,
consumer protection; XXXIII – Everyone has the right to receive from
public agencies information of interest particular, or of collective or general interest,
which will be provided within the law, under penalty of responsibility, except for those
whose secrecy is essential to security of society and the state; (Regulation) (See
Law No. 12,527 of 2011) XXXIV – are assured to all regardless
Payment Fees: a) The right to petition the public authorities
in defense of rights or against illegality or abuse of power; b) obtaining certificates from
to defend rights and clarify of situations of personal interest; XXXV – The law will not exclude from consideration
of the judiciary injury or threat to the law; XXXVI – The law shall not prejudice the right
acquired, the perfect legal act and the thing judged; XXXVII – There shall be no court or tribunal of
exception; XXXVIII – the institution of the
jury, with the organization that gives it the law, assured: a) the fullness of defense; b) the secrecy of the votes; c) the sovereignty of the verdicts; d) jurisdiction for the prosecution of crimes
willful against life; XXXIX – There is no crime without previous law that
define it, neither penalty without prior cool; XL – criminal law shall not be retroactive except to
benefit the defendant; XLI – the law will punish any discrimination
infringement of fundamental rights and freedoms; XLII – The practice of racism is a crime
unreliable and imprescriptible, subject the penalty of imprisonment under the law; XLIII – Law Will Consider Unfailing Crimes
and unsusceptible for free or amnesty the practice torture, illicit drug trafficking
and related drugs, terrorism and the defined as heinous crimes by them responding
the principals, the performers and those who may avoid them if they omit; (Regulation) XLIV – constitutes unenforceable and unspeakable crime
the action of armed groups, civil or military, against constitutional order and the democratic state; XLV – no penalty shall pass from the person of the convict,
the obligation to repair the damage and the decree of the forfeiture of property be,
under the law, extended to successors and against them executed, up to the limit of
value of equity transferred; XLVI – The Law Will Regulate Individualization
and shall adopt, among others, the following: a) deprivation or restriction of liberty; b) loss of assets; c) fine; d) alternative social benefit; e) suspension or prohibition of rights; XLVII – No Penalties: a) of death, except in the case of declared war,
pursuant to art. 84, XIX; b) of perpetual character; c) forced labor; d) banishment; e) cruel; XLVIII – The Penalty Will Be Served in Establishments
according to the nature of the offense, the age and sex of the inmate; XLIX – Inmates are assured of respect
physical and moral integrity; L – the prisoners will be guaranteed conditions
so they can stay with their children during the breastfeeding period; LI – no Brazilian will be extradited,
save the naturalized man in the case of a common crime, practiced before naturalization or
proven involvement in illicit trafficking narcotics and related drugs in the form
of law; LII – no extradition of
foreigner for a political or opinion crime; LIII – No one will be prosecuted or sentenced
if not by the competent authority; LIV – No one will be deprived of liberty
or its assets without due process of law; LV – to litigants in court proceedings
administrative, and the accused in general the contradictory and broad
defense, with the means and resources inherent in it; LVI – the proceedings are inadmissible
evidence obtained by unlawful means; LVII – No One Will Be Found Guilty
until the final judgment of a criminal court condemnatory; LVIII – the civilly identified will not be
subject to criminal identification unless in the cases provided for by law; (Regulation) LIX – Private action will be admitted in the crimes
public action if it is not brought within the legal term; LX – The law can only restrict advertising
procedural acts when the defense of privacy or the social interest so require; LXI – No one will be arrested except in the act
offense or in written and reasoned order competent judicial authority, unless
in cases of military transgression or crime properly military, defined by law; LXII – The Arrest of Anyone and the Location
where you are will be notified immediately to the competent judge and the prisoner’s family
or to the person indicated by him; LXIII – the prisoner will be informed of his rights,
among which to remain silent, being assistance from the family and
lawyer; LXIV – the prisoner has the right to identification
of those responsible for his arrest or for his police interrogation; LXV – Illegal arrest will be immediately
relaxed by the judicial authority; LXVI – No one will be taken to prison or
retained therein when the law admits freedom provisional, with or without bail; LXVII – There will be no civil arrest for debt,
except for the person responsible for default voluntary and inexcusable obligation
food and that of the unfaithful keeper; LXVIII – habeas corpus will always be granted
that someone suffers or is threatened with suffer violence or coercion in your freedom
of mobility, illegality or abuse of power; LXIX – writ of mandamus will be granted
to protect liquid right and right no supported by habeas corpus or habeas data,
when the person liable for illegality or abuse of power is a public authority or
agent of a legal entity in the exercise of attributions of the public power; LXX – the collective injunction may
be brought by: a) political party with representation in the
National Congress; b) trade union organization, class entity
or legally constituted association and in operation for at least one year in
defense of the interests of its members or associates; LXXI – injunction will be granted
whenever the lack of regulatory standard render the exercise of the rights
and constitutional freedoms and prerogatives inherent in nationality, sovereignty and
to citizenship; LXXII – will be given this date: a) to ensure knowledge of information
relating to the person of the applicant of entity records or databases
governmental or public services; b) for data rectification, when not
if you prefer to do so by confidential process, judicial or administrative; LXXIII – Any citizen is a legitimate party
to propose popular action aimed at nullifying act harmful to the public property or entity
in which the State participates in administrative morality to the environment and historical heritage
and cultural, being the author, unless proven bad faith, free of court costs and the burden of
of succumbence; LXXIV – The State will provide legal assistance
free of charge to those who prove insufficient of resources; LXXV – The State will indemnify the convicted of
judicial error as well as what get stuck beyond the time fixed in the sentence; LXXVI – are free for admittedly
poor in the form of the law: (See Law No. 7,844, 1989) a) the civil registry of birth; b) the death certificate; LXXVII – habeas actions are free
corpus and habeas data, and, as provided by law, the acts necessary for the exercise of citizenship.
(Regulation) LXXVIII – to all, in the judicial and administrative sphere,
reasonable duration of the process and the means to ensure speed
of its processing. (Included by the Amendment 45 of 2004) Paragraph 1. The norms defining rights
and fundamental guarantees apply Immediate. Paragraph 2. The rights and guarantees expressed in this
Constitution do not exclude others arising from the scheme and principles adopted by it,
or international treaties in which the Republic Federative of Brazil be part. Paragraph 3 International treaties and conventions
human rights issues, in each House of the National Congress, in two
by three-fifths of the votes of the respective shall be equivalent to constitutional amendments.
(Included by Constitutional Amendment No. 45, of 2004) (Acts adopted pursuant to this
paragraph: DLG No. 186 of 2008, DEC 6,949, 2009, DLG 261, 2015, DEC 9,522, 2018) Paragraph 4 Brazil submits to the jurisdiction
International Criminal Court whose creation has expressed adherence. (Included by
Constitutional Amendment No. 45 of 2004) CHAPTER II SOCIAL RIGHTS Art. 6 The social rights are the education,
health, food, work, housing, transportation, leisure, safety, social security
protection of motherhood and childhood, assistance to the helpless in the form
of this Constitution. (Wording given by Constitutional Amendment No. 90 of 2015) Art. 7 Are the rights of urban workers
and rural areas, as well as others aimed at improving of your social condition: I – employment relationship protected against
arbitrary or unfair dismissal, supplementary law, which shall provide for
compensatory indemnity, among others rights; II – Unemployment insurance in the event of unemployment
involuntary; III – service time guarantee fund; IV – minimum wage, fixed by law, nationally
unified, able to meet your needs basic and those of your family with
housing, food, education, health, leisure, clothing, hygiene, transportation and social security
with periodic adjustments that preserve purchasing power, being prohibited
its binding for any purpose; V – salary floor proportional to the extension
and the complexity of the work; VI – irreducibility of salary, except for
provided for in a collective agreement or agreement; VII – Guarantee of salary, never inferior
minimum, for those who perceive remuneration variable; VIII – Thirteenth Salary Based
full compensation or retirement value; IX – Compensation for superior night work
daytime; X – salary protection in accordance with the law,
constituting a criminal offense; XI – profit sharing, or results,
disconnected from remuneration, and exceptionally participation in the management of the company, as
defined by law; XII – family allowance paid as a result of
dependent on the low-income worker in the terms of the law; (Wording given by Amendment
20 of 1998) XIII – normal working hours not exceeding
to eight hours daily and forty four weekly, hourly compensation available
and the reduction of working hours by agreement or collective labor agreement; (see
Decree-Law No. 5,452, of 1943) XIV – Six-Hour Workday
carried out in uninterrupted shifts, except collective bargaining; XV – paid weekly rest, preferably
on Sundays; XVI – remuneration of extraordinary service
at least fifty percent higher to normal; (See Del 5,452, art. 59 § 1) XVII – enjoyment of paid annual leave
at least one third more than the normal salary; XVIII – leave for pregnant women, without prejudice
employment and salary, with the duration one hundred and twenty days; XIX – paternity leave, under the terms set
in law; XX – protection of the labor market of
women through specific incentives, under the law; XXI – notice proportional to time
of service, being at least thirty days, under the law; XXII – reducing the risks inherent in work,
through health, hygiene and safety standards; XXIII – additional remuneration for the
painful, unhealthy or dangerous activities, in the form of the law; XXIV – retirement; XXV – Free Assistance to Children and Dependents
from birth to 5 (five) years of age age in day care centers and preschools; (Essay
Constitutional Amendment No. 53 of 2006) XXVI – Recognition of Conventions and Agreements
work groups; XXVII – Protection in the face of automation,
in the form of the law; XXVIII – insurance against accidents at work,
by the employer, without excluding compensation to which he is obliged when incurring
in guile or guilt; XXIX – action, as to the resulting credits
labor relations, with a statute of limitations of five years for urban workers
and rural areas, up to two years after the termination of the employment contract; (Essay
Constitutional Amendment No. 28 of 2000) a) (Repealed). (Wording given by Amendment
28 of 2000) b) (Repealed). (Wording given by Amendment
28 of 2000) XXX – prohibition of wage difference,
of performance of duties and criterion of admission on grounds of sex, age, color
or marital status; XXXI – Prohibition of any discrimination
regarding salary and admission criteria of the disabled worker; XXXII – Prohibition of distinction between work
manual, technical and intellectual or respective professionals; XXXIII – Prohibition of Night Work,
dangerous or unhealthy for children under eighteen and any work under sixteen
except in the condition of apprentice from fourteen years old; (Wording given by Amendment
20 of 1998) XXXIV – Equal rights among the worker
with permanent employment and the Single worker. Single paragraph. Are assured to the category
of domestic workers the rights provided for in items IV, VI, VII, VIII, X,
XIII, XV, XVI, XVII, XVIII, XIX, XXI, XXII, XXIV, XXVI, XXX, XXXI and XXXIII, and met
the conditions established by law and observed simplifying compliance with obligations
principal and accessory taxes arising from of the work relationship and its peculiarities,
provided for in items I, II, III, IX, XII, XXV and XXVIII, as well as their integration
to social security. (Wording given by Constitutional Amendment No. 72 of 2013) Art. 8 The professional association is free
or union, subject to the following: I – the law may not require authorization
from the state to the founding of the union, subject to registration with the competent
interference with the public authorities and intervention in the union organization; II – the creation of more than one
trade union organization to any degree, representative of a professional category or
on the same territorial basis as will be defined by workers or employers
concerned and may not be less than area of ​​a municipality; III – the union is responsible for defending the rights
and collective or individual interests of the category, including in judicial or administrative matters; IV – the general meeting shall fix the contribution
that, in the case of professional category, shall be discounted in payroll for the cost of
confederative system of union representation regardless of the contribution
provided by law; V – no one will be required to join or
to remain a union member; VI – the participation of
unions in the collective bargaining of job; VII – the affiliated retiree has the right to vote
and be voted on in union organizations; VIII – dismissal of unionized employee is prohibited
from the registration of the job application management or union representation and
if elected, albeit alternate, up to one year after the end of the term unless he commits
serious misconduct under the law. Single paragraph. The provisions of this
apply to the organization of trade unions fishermen’s colonies, assisted by the
the conditions that the law establishes. Article 9 The right to strike is ensured,
it is up to the workers to decide on the opportunity to exercise it and on the interests
that are to be defended through him. Paragraph 1. The law shall define the services or activities
essential and will provide for the the urgent needs of the community. Paragraph 2. Abuses committed subject those responsible
to the penalties of the law. Art. 10. The participation of the
workers and employers in the collegiate public agencies where their interests
occupational or social security of discussion and deliberation. Art. 11. In companies of more than two hundred
employees, the election of a member of the their representative for the sole purpose
to promote their direct understanding with the employers. CHAPTER III NATIONALITY Art. 12. Are Brazilian: I – natos: (a) those born in the Federative Republic of
Brazil, even from foreign parents, since that they are not at the service of their country; b) foreign-born, Brazilian father
or Brazilian mother, as long as any of them is in the service of the Federative Republic
of Brazil; c) those born abroad of a Brazilian father
or Brazilian mother, provided they are registered competent Brazilian office or come from
to reside in the Federative Republic of Brazil and choose at any time after hit
adulthood, by Brazilian nationality; (Wording given by the Constitutional Amendment
54 of 2007) II – naturalized: a) those who, in accordance with the law, acquire nationality
originated in countries from third countries Portuguese-speaking residence only for
an uninterrupted year and moral suitability; b) foreigners of any nationality,
residents of the Federative Republic of Brazil for over fifteen years uninterrupted and without
criminal conviction, provided that they require Brazilian nationality. (Wording given
Constitutional Revision Amendment no. 3, 1994) Paragraph 1. To Portuguese with permanent residence
in the country, if there is reciprocity in favor Brazilians, the rights of
inherent to the Brazilian, except for the cases provided in this Constitution. (Wording given by
Constitutional Revision Amendment No. 3 of 1994) Paragraph 2. The law may not distinguish between
among native and naturalized Brazilians, except in the cases provided for in this Constitution. Paragraph 3 Are private of born Brazilian
the positions: I – of President and Vice-President of the Republic; II – President of the Chamber of Deputies; III – of President of the Federal Senate; IV – Minister of the Supreme Federal Court; V – of the diplomatic career; VI – of officer of the Armed Forces. VII – Minister of State of Defense (Included
Constitutional Amendment 23 of 1999) Paragraph 4 – The loss of nationality shall be declared
from the Brazilian who: I – you have canceled your naturalization, for
judgment, by reason of harmful to the national interest; II – acquire another nationality, except in
cases: (Wording given by Constitutional Amendment No 3 of 1994) a) recognition of originating nationality
by foreign law; (Included by the Amendment Constitutional Review No. 3 of 1994) (b) the imposition of naturalization by
foreign standard, to the resident Brazilian in a foreign state as a condition of
permanence in its territory or for the exercise of civil rights; (Included by
Constitutional Revision Amendment No. 3 of 1994) Art. 13. The Portuguese language is the language
of the Federative Republic of Brazil. § 1 Are symbols of the Federative Republic
of Brazil the flag, the anthem, the arms and the National postage stamps. Paragraph 2. The States, the Federal District and the
Municipalities may have their own symbols. CHAPTER IV POLITICAL RIGHTS Article 14. Popular sovereignty shall be exercised
by universal suffrage and direct vote and secret, with equal value to all, and,
under the law by: I – plebiscite; II – referendum; III – popular initiative. Paragraph 1. The electoral registration and the vote are: I – mandatory for those over eighteen
years; II – optional for: a) the illiterate; b) those over seventy years old; c) those over sixteen and under eighteen
years. Paragraph 2. They cannot register as voters
foreigners and during the period of service compulsory military, the conscripts. § 3 The conditions of eligibility are:
in the form of the law: I – Brazilian nationality; II – the full exercise of political rights; III – the electoral registration; IV – the electoral domicile in the circumscription; V – party affiliation; Regulation VI – the minimum age of: a) thirty-five years for President and Vice President
Republic and Senator; b) 30 years for Governor and Deputy Governor
State and Federal District; c) twenty-one years for Federal Deputy,
State or District Deputy, Mayor, Deputy Mayor and Peace Judge; d) eighteen years for Councilman. § 4 The ineligible are ineligible
and the illiterate. Paragraph 5. The President of the Republic, the Governors
of the State and the Federal District, the Mayors and who succeeded them, or replaced them
during the term of office may be reelected for a single subsequent period. (Essay
by Constitutional Amendment No. 16 of 1997) Paragraph 6. To compete for other positions, the
President of the Republic, the Governors of State and Federal District and the Mayors
shall resign from their respective mandates until six months before the election. Paragraph 7. Ineligible in the territory of
jurisdiction of the holder, the spouse and the relatives blood or similar, to the second degree
or by the adoption of the President of the Republic, Governor of State or Territory, the
Federal District, Mayor or whose replaced within the previous six months
to the election, unless already in office elective and candidate for reelection. Paragraph 8. The enlisted military officer is eligible,
the following conditions are met: I – if you count less than ten years of service,
should move away from the activity; II – if you count more than ten years of service,
shall be aggregated by the higher authority and if elected, will automatically pass, in the act
from diplomation to inactivity. Paragraph 9. Complementary Law shall establish other
cases of ineligibility and the time limits for termination in order to protect the probity
morality to exercise term of office considered the candidate’s previous life,
and the normality and legitimacy of elections against the influence of economic power or
abuse of the function, position or employment in direct or indirect administration.
(Wording given by the Constitutional Amendment 4 of 1994) § 10. The elective mandate may be challenged
before the Electoral Court within fifteen counted days of graduation, instructed
action with evidence of abuse of economic power, corruption or fraud. § 11. Action to challenge a mandate
shall be kept secret and answer the author, in accordance with the law, is reckless or
of manifest bad faith. Art. 15. The revocation of rights is prohibited
whose loss or suspension is only give in the case of: I – cancellation of naturalization by judgment
res judicata; II – absolute civil disability; III – criminal conviction transited in
judged while their effects last; IV – refusal to fulfill obligations to all
imposed or alternative benefit pursuant to of art. 5th, VIII; V – administrative misconduct, pursuant to
of art. 37, § 4º. Art. 16. The law that changes the electoral process
shall enter into force on the date of its publication, not applying to the election that occurs
within one year of its effective date. (Essay Constitutional Amendment No. 4 of
1993) CHAPTER V Political Parties Art. 17. Creation, fusion, incorporation is free.
and extinction of political parties, protected national sovereignty, the democratic regime,
pluripartism, fundamental rights of the human person and observed the following
precepts: Regulation I – national character; II – prohibition of receipt of funds
foreign entity or government or subordination to them; III – accountability to the Electoral Justice; IV – parliamentary functioning in accordance with
the law. § 1 The political parties are assured
autonomy to define its internal structure and establish rules on choice, training
and duration of its permanent organs and and on their organization and operation
and to adopt the selection criteria and the regime of their coalitions in the elections
majority shareholders, their celebration in proportional elections without obligation
links between applications under national, state, district or municipal,
their bylaws should establish standards of discipline and party loyalty. (Essay
Constitutional Amendment No. 97 of 2017) § 2 The political parties, after acquiring
legal personality, in the form of civil law, will register their statutes in the High Court
Electoral. Paragraph 3. They shall only be entitled to resources from
party fund and free radio access and to television, in the form of the law, the parties
which, alternatively: Constitutional Amendment No. 97 of
2017) I – obtain, in the elections to the Chamber
of Members, at least 3% (three per cent) valid votes distributed in at least
at least one third of the Federation units, with a minimum of 2% (two percent) of the
valid votes in each of them; or (Included Constitutional Amendment No. 97 of 2017) II – have elected at least fifteen Deputies
Feds distributed in at least one third Federation units. (Included by
Constitutional Amendment No. 97 of 2017) Paragraph 4. The use by the parties is prohibited.
paramilitary organization politicians. § 5º To the elected by party that does not fill
the requirements of § 3 of this article mandate is assured and membership is permitted,
without loss of mandate, to another party has reached them, and this affiliation is not
considered for the purposes of distribution of party fund and access resources
free to radio and television time. (Included by Constitutional Amendment No.
97, 2017) TITLE III From State Organization CHAPTER I OF THE POLICY-ADMINISTRATIVE ORGANIZATION Art. 18. The political-administrative organization
of the Federative Republic of Brazil comprises the Union, the States, the Federal District and
municipalities, all autonomous, under the terms of this Constitution. Paragraph 1 Brasilia is the Federal Capital. Paragraph 2. The Federal Territories are part of
Union, and its creation, transformation into State or reinstatement to the State of origin
shall be regulated by supplementary law. Paragraph 3. States may incorporate between
itself, subdividing or dismembering itself to attach to others, or form new States
or Federal Territories, upon approval of the population directly concerned through
plebiscite, and the National Congress, by complementary law. Paragraph 4. Creation, incorporation, merger
and the dismemberment of municipalities, will be by state law within the time period specified
Federal Complementary Law, and will depend on prior consultation by referendum,
to the populations of the municipalities concerned, after disclosure of Feasibility Studies
Municipal, presented and published in the form of law. (Wording given by the Constitutional Amendment
No. 15 of 1996) Art. 19. The Union, the States,
Federal District and Municipalities: I – establish religious services or churches,
subsidize them, embarrass them or keep with them or their representatives
dependency or alliance relations, except for according to the law, collaboration of interest
public; II – refuse faith to public documents; III – create distinctions between Brazilians
or preferences with each other. CHAPTER II UNION Art. 20. The following are Union property: I – those who currently belong to you and those who
assigned to it; II – the vacant lands indispensable to the
defense of borders, fortifications and military buildings, federal roads
communication and environmental preservation, defined by law; III – lakes, rivers and any currents
water in land under its domain, or bathe more than one state, serve as limits
with other countries, or extend to originate from or from them, as well as the
marginal land and river beaches; IV the river and lake islands in the areas
bordering other countries; the beaches seafarers; the oceanic and coastal islands,
excluding those containing the registered office Municipalities, except those affected areas
to the public service and the environmental unit federal government, and those referred to in art. 26, II; (Essay
Constitutional Amendment No. 46 of 2005) V – the natural resources of the continental shelf
and the exclusive economic zone; VI – the territorial sea; VII – navy lands and their additions; VIII – the potentials of hydraulic energy; IX – mineral resources, including those of the
underground; X – the underground natural cavities and
the archaeological and prehistoric sites; XI – the lands traditionally occupied by the
Indians. Paragraph 1. It is ensured, under the terms of the law,
States, the Federal District and the Municipalities, as well as the direct governing bodies
Union, participation in the result of the exploration of oil or natural gas,
of water resources for generation purposes electricity and other resources
minerals in their territory, platform continental, territorial sea or economic zone
or financial compensation for this exploration. Paragraph 2. The range of up to one hundred and fifty
kilometers wide along the borders designated as a border strip,
is considered fundamental for the defense of national territory, and its occupation and use
shall be regulated by law. Article 21. The Union shall: I – maintain relations with foreign states
and participate in international organizations; II – declare war and celebrate peace; III – ensure national defense; IV – allow, in the cases provided for by law
that foreign forces carry over national territory or remain in it
temporarily; V – decree the state of siege, the state
defense and federal intervention; VI – authorize and supervise the production and
the trade in war material; VII – issue currency; VIII – manage the foreign exchange reserves of
Country and overseeing operations of a especially credit,
exchange and capitalization, as well as those of insurance and private pension; IX – elaborate and execute national plans
and regional land use planning and economic and social development; X – maintain postal service and air mail
national; XI – exploit, directly or by authorization,
concession or permission, the services of telecommunications, under the law, which
provide for the organization of services, the creation of a regulatory body and other
institutional aspects; (Wording given by Constitutional Amendment 8, 08/15/95 🙂 XII – explore, directly or by authorization,
grant or permission: (a) sound broadcasting services, and
of sounds and images; (Wording given by Amendment Constitutional No. 8 of 08/15/95 🙂 b) energy services and facilities
and the energy use of watercourses, in articulation with the States
where the hydroenergetic potentials are located; c) air navigation, aerospace and
airport infrastructure; d) rail transport services
and waterway between Brazilian ports and borders or which exceed the limits of
State or Territory; e) road transport services
interstate and international passenger services; f) Sea, river and lake ports; XIII – organize and maintain the judiciary,
the Federal District Prosecutor’s Office and Territories and the Public Defender’s Office
of the Territories; (Wording given by Amendment 69 of 2012) (Production
of effect) XIV – organize and maintain the civil police,
the military police and the fire brigade Federal District, as well as providing
financial assistance to the Federal District for the execution of public services,
by own fund; (Wording given Constitutional Amendment No. 19 of 1998) XV – Organize and Maintain Official Services
statistics, geography, geology and cartography nationwide; XVI – exercise the classification, for the purpose
public entertainment and programs radio and television; XVII – grant amnesty; XVIII – Plan and promote permanent defense
against public calamities, especially droughts and floods; XIX – institute national management system
water resources and define criteria granting rights to its use; (Regulation) XX – institute guidelines for development
including housing, sanitation basic and urban transport; XXI – establish principles and guidelines
for the national road system; XXII – execute maritime police services,
airport and border; (Essay Constitutional Amendment No. 19 of
1998) XXIII – explore services and facilities
nuclear weapons of any kind and exercise a monopoly research, mining, enrichment
and reprocessing, industrialization and trade in nuclear ores and their
following the following principles: and conditions: a) all nuclear activity in national territory
will only be allowed for peaceful purposes and upon approval by the National Congress; (b) under permission, are authorized
the marketing and use of radioisotopes for medical and agricultural research and uses
and industrial; (Wording given by Amendment 49 of 2006) (c) under permission, are authorized
production, marketing and use of half-life radioisotopes equal to or less than
at two o’clock; (Wording given by Amendment 49 of 2006) d) civil liability for nuclear damage
regardless of the existence of guilt; (Essay Constitutional Amendment No. 49 of
2006) XXIV – organize, maintain and perform inspection
of work; XXV – Establish the Areas and Conditions
to pursue the panning activity, in associative form. Art. 22. It is the exclusive responsibility of the Union
legislate on: I – civil, commercial, criminal, procedural,
electoral, agrarian, maritime, aeronautical, space and work; II – expropriation; III – civil and military requisitions, in
case of imminent danger and in time of war; IV – waters, energy, informatics, telecommunications
and broadcasting; V – postal service; VI – monetary and measurement system, securities
and warranties of metals; VII – credit, exchange, insurance policy
and transfer of values; VIII – foreign and interstate commerce; IX – guidelines of the national transport policy; X – Port arrangements, lake navigation,
river, sea, air and aerospace; XI – transit and transportation; XII – deposits, mines, other mineral resources
and metallurgy; XIII – nationality, citizenship and naturalization; XIV – indigenous populations; XV – Emigration and Immigration, Entry, Extradition
and expulsion of foreigners; XVI – organization of the national system of
employment conditions and conditions for professions; XVII – judicial organization of the Ministry
Federal District and Territories and the Public Defender of the Territories,
as well as their administrative organization; (Wording given by the Constitutional Amendment
69, of 2012) (Effective Production) XVIII – statistical system, cartographic system
and national geology; XIX – savings, funding and
guarantee of popular savings; XX – systems of consortia and sweepstakes; XXI – general rules of organization, effective,
war material, guarantees, summons and mobilization of military police and
military fire brigades; XXII – competence of the federal police and
federal road and rail police; XXIII – social security; XXIV – guidelines and bases of national education; XXV – public records; XXVI – nuclear activities of any nature; XXVII – general rules for bidding and contracting,
in all modalities for the administrations direct, municipal and foundational public
of the Union, States, Federal District and Municipalities, obeying the provisions of art. 37, XXI, and to
public companies and economy companies under the terms of art. 173, § 1, III;
(Wording given by the Constitutional Amendment No. 19, 1998) XXVIII – Territorial Defense, Aerospace Defense,
maritime defense, civil defense and mobilization national; XXIX – Commercial Advertising. Single paragraph. Complementary law may
authorize states to legislate on issues specific subjects related to this
article. Art. 23. It is the common competence of the Union,
States, Federal District and Municipalities: I – ensure that the Constitution, the
laws and democratic institutions and conserve public assets; II – take care of health and public assistance,
the protection and guarantee of carriers of disability; III – protect documents, works and others
assets of historical, artistic and cultural value, the monuments, the remarkable natural landscapes
and the archaeological sites; IV – prevent the evasion, destruction and
decharacterization of works of art and other goods of historical or artistic value
or cultural; V – provide the means of access to culture,
to education, science, technology, research and innovation; (Wording given
Constitutional Amendment No. 85 of 2015) VI – protect the environment and combat
pollution in any of its forms; VII – preserve forests, fauna and
flora; VIII – promote agricultural production
and organize the food supply; IX – promote programs to build
housing and improving housing conditions and basic sanitation; X – Fight the causes of poverty and the factors
marginalization, promoting the integration disadvantaged sectors; XI – record, monitor and supervise the
exploration and exploitation rights concessions of water and mineral resources in their territories; XII – establish and implement a policy of
traffic safety education. Single paragraph. Complementary laws will fix
rules for cooperation between the Union and the States, the Federal District and the Municipalities,
with a view to balancing development and national welfare. (Essay
Constitutional Amendment No. 53 of 2006) Article 24. The Union, the States and the
Federal District to concurrently legislate about: I – tax, financial, penitentiary,
economic and urbanistic; II – budget; III – commercial joints; IV – costs of forensic services; V – production and consumption; VI – forests, hunting, fishing, fauna, conservation
nature, soil and resource protection protection, environmental protection and
of pollution; VII – protection of historical heritage,
cultural, artistic, tourist and landscape; VIII – liability for damage to the environment,
consumer, goods and value rights artistic, aesthetic, historical, tourist
and landscape; IX – education, culture, teaching, sport,
science, technology, research, development and innovation; (Wording given by Amendment
85 of 2015) X – creation, operation and process of the
small claims court; XI – Procedural Procedures; XII – social security, protection and defense
of health; XIII – Legal Assistance and Advocacy
public; XIV – Protection and social integration of
persons with disabilities; XV – protection for children and youth; XVI – organization, guarantees, rights and
duties of the civil police. Paragraph 1. Under the concurrent legislation,
Union competence shall be limited to establishing general norms. Paragraph 2. The Union’s competence to legislate
on general rules does not exclude competence States supplementary. Paragraph 3 No Federal Law on Standards
States shall exercise the competence full legislative framework to meet its peculiarities. Paragraph 4. The supervenience of federal law on
general rules suspend the effectiveness of the law state to the contrary. CHAPTER III FEDERATED STATES Art. 25. The states are organized and governed by
by the Constitutions and laws they adopt, observing the principles of this Constitution. Paragraph 1. The powers of the States shall be reserved.
that are not prohibited to them by this Constitution. Paragraph 2. It is incumbent upon States to exploit directly,
or by concession, local services piped gas in accordance with the law,
the provisional edition for its regulation. (Wording given by Amendment
No 5 of 1995) Paragraph 3. States may, by means of complementary law,
establish metropolitan regions, agglomerations urban areas and microregions, consisting of
clusters of neighboring municipalities to integrate the organization, planning and
the performance of public functions of interest common. Article 26. The goods of the States include: I – surface or groundwater,
fluent, emerging and on deposit, with the exception of in this case, as provided by law, those arising
Union works; II – the areas in the oceanic and coastal islands,
that are in your domain, excluded those under the domain of the Union, Municipalities
or third parties; III – the river and lake islands not belonging
the Union; IV – the vacant lands not understood
between those of the Union. Art. 27. The number of Deputies to the Assembly
Will correspond to three times the representation of the State in the Chamber of Deputies and, reached
the number thirty six will be increased as many as the Federal Deputies
above twelve. Paragraph 1. The term of office of the
State Deputies, applying to them the rules of this Constitution about system
inviolability, immunities, remuneration, loss of mandate, leave, impediments and
incorporation into the Armed Forces. Paragraph 2. The allowance of State Deputies
shall be fixed by law of the Assembly’s initiative No more than seventy
and five percent of that established in species, for Federal Deputies, observed
what the arts. 39, § 4, 57, § 7, 150, II, 153, III, and 153, § 2, I. (Wording
Constitutional Amendment No. 19 of 1998) Paragraph 3 The Legislative Assemblies shall be responsible for
dispose of its bylaws, police and administrative services of his secretariat,
and provide the respective positions. Paragraph 4. The law shall provide for popular initiative.
in the state legislative process. Article 28. Election of Governor and Deputy Governor
State, for a term of four years, shall take place on the first sunday of october on first
shift, and the last Sunday of October in second round, if any, from the previous year
the end of the mandate of its predecessors, and the inauguration will take place on January 1st
following year, as regards the more, the provisions of art. 77. (Wording given
Constitutional Amendment No. 16 of 1997) Paragraph 1. The term of office of the Governor
assume another position or function in management direct or indirect public service, except for
possession by public tender and observed the provisions of art. 38, I, IV and V. (Renumbered
single paragraph, by the Constitutional Amendment No. 19, 1998) Paragraph 2. The allowances of the Governor, the Deputy Governor
and the Secretaries of State shall be fixed by law of the Legislative Assembly,
observed the provisions of arts. 37, XI, 39, § 4, 150, II, 153, III, and 153, § 2,
I. (Included by Constitutional Amendment No. 19, 1998) CHAPTER IV Of the Municipalities Article 29. The Municipality shall be governed by law.
organic, voted in two rounds, with the interstitium minimum of ten days, and approved by two thirds
of the members of the City Council, which will promulgate it, the principles established in this
Constitution, in the Constitution of the respective State and the following precepts: I – election of mayor, vice mayor
and the Councilors, for a term of four years, through direct and simultaneous election
all over the country; II – Election of Mayor and Deputy Mayor
held on the first Sunday of October of the year prior to the end of the term of office of
must succeed, applying the rules of art. 77, in the case of municipalities with more than two hundred
one thousand voters; (Wording given by Amendment 16, of 1997) III – Possession of the Mayor and Deputy Mayor
on January 1 of the subsequent year that of the election; IV – for the composition of the City Councils,
the maximum limit of: Constitutional Amendment No. 58 of
2009) (Effect Production) (See ADIN 4307) a) 9 (nine) Councilors, in the Municipalities of
up to 15,000 (fifteen thousand) inhabitants; (Essay Constitutional Amendment No. 58 of
2009) b) 11 (eleven) Councilors, in the Municipalities of
more than 15,000 (fifteen thousand) inhabitants and up to 30,000 (thirty thousand) inhabitants; (Essay
Constitutional Amendment No. 58 of 2009) c) 13 (thirteen) Councilors, in the Municipalities
with more than 30,000 (thirty thousand) inhabitants and up to 50,000 (fifty thousand) inhabitants;
(Wording given by the Constitutional Amendment No. 58 of 2009) d) 15 (fifteen) Councilors, in the Municipalities
of over 50,000 (fifty thousand) inhabitants and up to 80,000 (eighty thousand) inhabitants;
(Included by Constitutional Amendment No. 58, of 2009) e) 17 (seventeen) Councilors, in the Municipalities
of over 80,000 (eighty thousand) inhabitants and up to 120,000 (one hundred and twenty thousand) inhabitants;
(Included by Constitutional Amendment No. 58, of 2009) f) 19 (nineteen) Councilors, in the Municipalities
of over 120,000 (one hundred and twenty thousand) inhabitants and up to 160,000 (one hundred sixty thousand) inhabitants;
(Included by Constitutional Amendment No. 58, of 2009) g) 21 (twenty one) Councilors, in the Municipalities
more than 160,000 (one hundred and sixty thousand) inhabitants and up to 300,000 (three hundred thousand)
population; (Included by the Constitutional Amendment No. 58 of 2009) h) 23 (twenty three) Councilors, in the Municipalities
of more than 300,000 (three hundred thousand) inhabitants and up to 450,000 (four hundred and fifty
thousand) inhabitants; (Included by the Constitutional Amendment No. 58 of 2009) i) 25 (twenty five) Councilors, in the Municipalities
more than 450,000 (four hundred and fifty thousand) inhabitants and up to 600,000 (six hundred
thousand) inhabitants; (Included by the Constitutional Amendment No. 58 of 2009) j) 27 (twenty seven) Councilors, in the Municipalities
of more than 600,000 (six hundred thousand) inhabitants and up to 750,000 (seven hundred fifty thousand)
population; (Included by the Constitutional Amendment No. 58 of 2009) k) 29 (twenty nine) Councilors, in the Municipalities
more than 750,000 (seven hundred and fifty thousand) inhabitants and up to 900,000 (nine hundred
thousand) inhabitants; (Included by the Constitutional Amendment No. 58 of 2009) l) 31 (thirty one) Councilors, in the Municipalities
of more than 900,000 (nine hundred thousand) inhabitants and up to 1,050,000 (one million and fifty
thousand) inhabitants; (Included by the Constitutional Amendment No. 58 of 2009) m) 33 (thirty three) Councilors, in the Municipalities
more than 1,050,000 (one million and fifty thousand) inhabitants and up to 1,200,000 (one million
and two hundred thousand) inhabitants; (Included by Constitutional Amendment No. 58 of 2009) n) 35 (thirty five) Councilors, in the Municipalities
more than 1,200,000 (one million two hundred thousand) inhabitants and up to 1,350,000 (one million
and three hundred and fifty thousand) inhabitants; (Included Constitutional Amendment No. 58 of 2009) o) 37 (thirty seven) Councilors, in the Municipalities
1,350,000 (one million three hundred and fifty thousand) inhabitants and up to 1,500,000 (one million
and five hundred thousand) inhabitants; (Included by Constitutional Amendment No. 58 of 2009) p) 39 (thirty nine) Councilors, in the Municipalities
more than 1,500,000 (one million five hundred thousand) inhabitants and up to 1,800,000 (one million
and eight hundred thousand) inhabitants; (Included by Constitutional Amendment No. 58 of 2009) q) 41 (forty-one) Councilors, in the Municipalities
more than 1,800,000 (one million eight hundred thousand) inhabitants and up to 2,400,000 (two
million four hundred thousand) inhabitants; (Included Constitutional Amendment No. 58 of 2009) r) 43 (forty-three) Councilors, in the Municipalities
more than 2,400,000 (two million four hundred thousand) inhabitants and up to 3,000,000 (three
millons of citizens; (Included by the Amendment 58 of 2009) s) 45 (forty five) Councilors, in the Municipalities
of more than 3,000,000 (three million) inhabitants and up to 4,000,000 (four million) inhabitants;
(Included by Constitutional Amendment No. 58, of 2009) t) 47 (forty seven) Councilors, in the Municipalities
more than 4,000,000 (four million) inhabitants and up to 5,000,000 (five million)
of inhabitants; (Included by the Constitutional Amendment No. 58 of 2009) u) 49 (forty nine) Councilors, in the Municipalities
more than 5,000,000 (five million) inhabitants and up to 6,000,000 (six million) inhabitants;
(Included by Constitutional Amendment No. 58, of 2009) v) 51 (fifty one) Councilors, in the Municipalities
of over 6,000,000 (six million) inhabitants and up to 7,000,000 (seven million) inhabitants;
(Included by Constitutional Amendment No. 58, of 2009) w) 53 (fifty-three) Councilors, in the
Municipalities of more than 7,000,000 (seven million) inhabitants and up to 8,000,000 (eight million)
of inhabitants; and (Included by the Constitutional Amendment No. 58 of 2009) x) 55 (fifty-five) Councilors, in the
Municipalities of over 8,000,000 (eight million) of inhabitants; (Included by the Constitutional Amendment
No. 58 of 2009) V – allowances of the Mayor, the Deputy Mayor
and the Municipal Secretaries set by City Council initiative law, observed
what the arts. 37, XI, 39, § 4, 150, II, 153, III, and 153, § 2, I; (Essay
given by Constitutional Amendment No. 19 of 1998) VI – Councilors’ allowance shall be fixed
by their respective Municipal Councils in each legislature for the subsequent, observed
the provisions of this Constitution, observed the criteria set out in the relevant
Organic Law and the following maximum limits: (Wording given by the Constitutional Amendment
No. 25 of 2000) a) in municipalities of up to ten thousand inhabitants,
the maximum allowance of Councilors will correspond to to twenty per cent of the allowance of
State; (Included by the Constitutional Amendment No. 25 of 2000) b) in Municipalities from ten thousand one to fifty
thousand inhabitants, the maximum allowance of Councilors will correspond to thirty percent of the allowance
State Deputies; (Included by the Amendment No 25 of 2000) c) in Municipalities of fifty thousand one to
one hundred thousand inhabitants, the maximum allowance of Councilmen will correspond to forty percent
the allowance of state deputies; (Included Constitutional Amendment No. 25 of 2000) d) in Municipalities from one hundred thousand one to three hundred
thousand inhabitants, the maximum allowance of Councilors will correspond to fifty percent of the allowance
State Deputies; (Included by the Amendment No 25 of 2000) e) in municipalities of three hundred thousand one
five hundred thousand inhabitants, the maximum allowance Councilmen shall correspond to sixty per
percent of the allowance of state deputies; (Included by Constitutional Amendment No.
25, 2000) f) in municipalities of more than five hundred thousand
inhabitants, the maximum allowance of Councilors will correspond to seventy five percent
the allowance of state deputies; (Included Constitutional Amendment No. 25 of 2000) VII – the total remuneration expense
Councilors shall not exceed the amount of five percent of the
County; (Included by the Constitutional Amendment No 1 of 1992) VIII – inviolability of Councilors by
your opinions, words and votes in the exercise of the mandate and in the circumscription of the Municipality;
(Renumbered from item VI by the Constitutional Amendment No 1 of 1992) IX – prohibitions and incompatibilities, in
exercise of similarity in what appropriate to the provisions of this Constitution to
the members of the National Congress and the Constitution State to the members of the Assembly
Legislative; (Renumbered from item VII, by Constitutional Amendment No. 1 of 1992) X – Judgment of the Mayor before the Court
of justice; (Renumbered from item VIII by Constitutional Amendment No. 1 of 1992) XI – Organization of legislative functions
and supervisors of the City Council; (Renumbered of item IX, by Constitutional Amendment no.
1 of 1992) XII – cooperation of representative associations
in municipal planning; (Renumbered from item X, by Constitutional Amendment No. 1,
1992) XIII – Popular Bill Initiative
of specific interest to the Municipality, the city ​​or neighborhood, through demonstration
at least five per cent of the electorate; (Renumbered from item XI by the Constitutional Amendment
No 1 of 1992) XIV – Loss of the Mayor’s mandate, pursuant to
of art. 28, sole paragraph. (Renumbered of item XII, by the Constitutional Amendment
No 1 of 1992) Art. 29-A. Total Legislature Expenditure
Including Councilors’ allowances and excluding inactive expenses, not
may exceed the following percentages, relating to the sum of tax revenue
and the transfers provided for in Paragraph 5 of art. 153 and in arts. 158 and 159, effectively
previous year: (Included Constitutional Amendment No. 25 of 2000) I – 7% (seven percent) for Municipalities with
population of up to 100,000 (one hundred thousand) inhabitants; (Wording given by the Constitution Amendment
58 of 2009) (Production of effect) II – 6% (six percent) for Municipalities
with population between 100,000 (one hundred thousand) and 300,000 (three hundred thousand) inhabitants; (Essay
given by the Constitutional Constitution Amendment No. 58 of 2009) III – 5% (five percent) for Municipalities
with a population between 300,001 (three hundred thousand and one) and 500,000 (five hundred thousand) inhabitants;
(Wording given by the Constitution Amendment 58 of 2009) IV – 4.5% (four integers and five tenths
percent) for Municipalities with population between 500,001 (five hundred thousand one) and 3,000,000
(three million) inhabitants; (Essay given by the Constitutional Constitution Amendment
No. 58 of 2009) V – 4% (four percent) for Municipalities
with a population between 3,000,001 (three million and one) and 8,000,000 (eight million) inhabitants;
(Included by the Constitutional Constitution Amendment No. 58 of 2009) VI – 3.5% (three integers and five tenths
percent) for Municipalities with population over 8,000,001 (eight million and one) inhabitants.
(Included by the Constitutional Constitution Amendment No. 58 of 2009) Paragraph 1. The City Council will not spend more
seventy percent of your leaf recipe payment, including the allowance expense
of your councilors. (Included by the Amendment No 25 of 2000) Paragraph 2. It is a crime of liability
of the Mayor: (Included by the Amendment No 25 of 2000) I – make a transfer that exceeds the limits
defined in this article; (Included by the Amendment No 25 of 2000) II – do not send the transfer until the twentieth
of each month; or (Included by the Constitutional Amendment No. 25 of 2000) III – send it the smallest in relation to the proportion
established in the Budget Law. (Included by Constitutional Amendment No. 25 of 2000) § 3 It is a crime of liability
of the Mayor the disrespect § 1 of this article. (Included by the Amendment
No 25 of 2000) Art. 30. The Municipalities are responsible for: I – legislate on matters of local interest; II – supplement the federal legislation and
the state where appropriate; III – institute and collect the taxes of
as well as apply their income, without prejudice to the obligation to provide
accounts and publish balance sheets within the deadlines in law; IV – create, organize and suppress districts,
subject to state law; V – organize and provide, directly or under
concession or permission scheme, the services public interest groups, including the
public transport, which has an essential character; VI – maintain, with the technical cooperation and
Union and State financial assistance, programs kindergarten and elementary school;
(Wording given by the Constitutional Amendment No. 53 of 2006) VII – provide, with the technical cooperation
Union and State financial services health care of the population; VIII – promote, as appropriate, proper ordering
through planning and control use, installment payment and occupation of the
urban land; IX – promote the protection of heritage
historical-cultural context, in compliance with and federal and state enforcement action. Article 31. The supervision of the Municipality shall be
exercised by the Municipal Legislative through external control, and by
internal control of the Municipal Executive Power, in the form of the law. § 1 The external control of the City Council
will be exercised with the help of the courts States or Municipality or
of the Councils or Courts of Auditors of the Municipalities, where there is. § 2 The prior opinion, issued by the organ
responsible for the accounts that the Mayor should pay annually, will only cease to prevail
by decision of two thirds of the members of Town hall. Paragraph 3 The accounts of the Municipalities shall be
for sixty days annually available to of any taxpayer for examination and consideration,
which may question their legitimacy, under the law. Paragraph 4. The creation of Courts is prohibited,
Municipal Accounts Councils or bodies. CHAPTER V FEDERAL DISTRICT AND TERRITORIES Section I FEDERAL DISTRICT Article 32. The Federal District, forbidden its division
Municipalities, will be governed by organic law, voted in two shifts with minimum interstice
of ten days, and approved by two thirds of the Legislative Chamber, which will promulgate it,
the principles set forth in this Constitution. Paragraph 1. The Federal District is attributed
legislative powers reserved to States and Municipalities. Paragraph 2. The election of the Governor and the Deputy Governor,
observed the rules of art. 77, and the Members District will coincide with that of the Governors
and State Deputies, for a term of equal duration. Paragraph 3 – District Deputies and the Chamber
Legislative applies the provisions of art. 27 Paragraph 4. Federal law shall provide for the use,
by the Federal District Government, the police civil and military and military fire brigade. Section II TERRITORIES Art. 33. The law shall provide for the organization
administrative and judicial authority of the Territories. Paragraph 1. The Territories may be divided
Municipalities, to which it will apply in the appropriate, the provisions of Chapter IV of this
Title. Paragraph 2. The Accounts of the Government of the Territory
shall be submitted to the National Congress, with opinion of the Court of Auditors of the Union. Paragraph 3. In Federal Territories with more
one hundred thousand inhabitants, besides the Governor appointed under this Constitution, there will be
first and second judicial bodies instance, members of the Public Prosecution Service
and federal public defenders; the law will provide on the elections for the Territorial Chamber
and its deliberative competence. CHAPTER VI INTERVENTION Art. 34. The Union shall not intervene in the States
nor in the Federal District, except for: I – maintain national integrity; II – repel foreign invasion or a
Federation unit in another; III – put an end to serious impairment of
public order; IV – guarantee the free exercise of any
of the Powers in the units of the Federation; V – reorganize the unit’s finances
Federation that: a) suspend payment of the debt founded
for more than two consecutive years unless force majeure; b) fail to deliver to the Municipalities revenues
established in this Constitution, within the time limits established by law; VI – provide for the enforcement of federal law, order
or court decision; VII – ensure compliance with the following
constitutional principles: a) republican form, representative system
and democratic regime; b) rights of the human person; c) municipal autonomy; d) management accountability
public, direct and indirect. e) application of the minimum required revenue
resulting from state taxes, comprised of from transfers, in the maintenance of
and development of teaching and actions and public health services. (Essay
Constitutional Amendment No. 29 of 2000) Art. 35. The State shall not intervene in its
Municipalities, nor the Union in Municipalities located in the Federal Territory, except
When: I – stop being paid, without reason of force
higher, for two consecutive years, the debt founded; II – due accounts are not provided,
in the form of the law; III – the minimum has not been applied
municipal revenue required in the maintenance and development of teaching and actions
and public health services; (Essay Constitutional Amendment No. 29 of
2000) IV – the Court upholds
representation to ensure compliance of principles stated in the Constitution
State, or to provide law enforcement, of order or court decision. Art. 36. The decree of intervention will depend on: I – in the case of art. 34, IV, of request
Legislative or Executive Power coerced or prevented, or from requesting
Supreme Court, if coercion is exercised against the judiciary; II – in case of disobedience to order or
court decision requesting the Supreme Federal Court of the Superior Court of
Justice or the Superior Electoral Court; III – The Supreme Court upholds
Federal, representing the Prosecutor General of the Republic, in the hypothesis of art. 34, VII,
and in case of refusal to enforce federal law. (Wording given by the Constitutional Amendment
No. 45 of 2004) IV – (Repealed by the Constitutional Amendment
No. 45 of 2004) Paragraph 1. The decree of intervention, which shall specify
the extent, deadline and conditions of implementation and if appropriate appoint the intervener,
will be submitted to the Congress Or the Legislative Assembly of the
State within 24 hours. Paragraph 2. If Congress is not Working
National Assembly or the Legislative Assembly, extraordinary call within the same period
twenty-four hours. Paragraph 3 In the cases of art. 34, VI ​​and VII, or
of art. 35, IV, without consideration by the National Congress or the Assembly
The decree will merely suspend execution of the contested act, if that measure
restoration of normality. Paragraph 4. The reasons for the intervention ceased,
authorities removed from their positions to they will return unless legally prevented. CHAPTER VII PUBLIC ADMINISTRATION Section I GENERAL PROVISIONS Art. 37. The direct public administration
and indirectly by any of the powers of the Union, States, Federal District and Municipalities
comply with the principles of legality, impersonality, morality, publicity and
efficiency and also the following: Constitutional Amendment No. 19 of
1998) I – the positions, jobs and public functions
are accessible to Brazilians who fill the requirements established by law as
as to foreigners in the form of the law; (Essay Constitutional Amendment No. 19 of
1998) II – investiture in public office or employment
depends on prior approval in competition evidence or evidence and titles,
according to nature and complexity position or employment as provided for in
subject to appointment to office in commission declared by law of free appointment
and exoneration; (Wording given by Amendment 19 of 1998) III – the period of validity of the public tender
shall be up to two years, extendable once for the same period; IV – during the non-extendable period provided
in the call notice, the one approved in an open competition for evidence or evidence
and titles will be summoned with priority about new candidates to take office
or job, in career; V – the functions of trust exercised
exclusively by servers occupying effective position, and positions in committee,
be filled in by career servers in cases, conditions and minimum percentages
provided for by law, are intended solely for the purposes direction, leadership and advice; (Essay
Constitutional Amendment No. 19 of 1998) VI – is guaranteed to the civil public servant
the right to free trade union association; VII – the right to strike shall be exercised in accordance
terms and limits defined by specific law; (Wording given by the Constitutional Amendment
No. 19, 1998) VIII – the law will reserve a percentage of positions
and public jobs for people with disabilities disability and shall define the criteria
of his admission; IX – the law shall establish the cases of hiring
for a given time to meet the need of exceptional public interest; X – the remuneration of public servants
and the allowance referred to in § 4 of art. 39 may only be fixed or amended.
specific law, observing the initiative in each case, assured review
annual general meeting, always on the same date and without distinction of indexes; (Wording given by the Constitutional Amendment
19 of 1998) (Regulation) XI – Occupant remuneration and allowance
of public positions, functions and jobs direct, municipal and foundational administration,
members of any of the Union’s powers, States, Federal District and Municipalities,
elective holders and other political agents and earnings, pensions
or other remuneration, perceived cumulatively or not, including the advantages
personal or of any other nature, not may exceed the monthly allowance in kind,
of the Ministers of the Supreme Federal Court, applying as a limit, in the Municipalities,
the Mayor’s allowance, and in the states and Federal District, the Governor’s monthly allowance
under the Executive Branch, the allowance State and District Representatives
of the Legislative Power and the Grant of the Judges of the Court of Justice, limited to ninety
integers twenty five hundredths percent of the monthly allowance in kind of the Ministers
Federal Supreme Court, in the context of Judiciary, this limit applies
prosecutors, prosecutors and Public Defenders; (Wording given
Constitutional Amendment 41, 19.12.2003) XII – the salaries of the positions of the Legislative Power
and the judiciary cannot be superior those paid by the executive branch; XIII – Binding or equalization is prohibited
of any remuneration for the effect of remuneration of service personnel
public; (Wording given by the Constitutional Amendment No. 19, 1998) XIV – Perceived Monetary Additions
per public server will not be counted nor accumulated for the purpose of granting
further additions; (Wording given by Constitutional Amendment No. 19 of 1998) XV – occupant’s allowance and salaries
of public positions and jobs are irreducible, subject to the provisions of items XI and XIV
of this article and in arts. 39, § 4, 150, II, 153, III, and 153, § 2, I; (Essay
Constitutional Amendment No. 19 of 1998) XVI – remunerated accumulation is prohibited
public office, except where compatibility of schedules, observed in
in any case the provisions of item XI: Constitutional Amendment No. 19 of
1998) a) that of two teaching positions; (Essay
Constitutional Amendment No. 19 of 1998) b) that of a teaching position with another technician
or scientific; (Wording given by Amendment 19 of 1998) c) that of two positions or private jobs
of health professionals with professions regulated; (Wording given by Amendment
34 of 2001) XVII – the prohibition to accumulate extends
jobs and functions and covers municipalities, foundations, public companies, companies
mixed capital, its subsidiaries, and companies controlled, directly or indirectly, by the
public Power; (Wording given by Amendment 19 of 1998) XVIII – the finance administration and its
tax servants will have, within their areas of competence and jurisdiction, precedence
on the other administrative sectors in the form of the law; XIX – only by specific law can
autarchy be created and the institution authorized public company, economy company
mixed and founding, and the complementary law in the latter case define the areas of your
acting; (Wording given by the Constitutional Amendment No. 19, 1998) XX – depends on legislative authorization,
in each case the creation of subsidiaries of the entities mentioned in the previous item,
as well as the participation of any of them in a private company; XXI – except in the cases specified in
legislation, works, services, purchasing and disposals will be contracted upon
public bidding process that ensures a level playing field for all competitors,
with clauses laying down obligations payment conditions, maintaining the effective conditions
of the proposal, under the terms of the law, which only will enable the qualification requirements
technical and economic requirements indispensable to compliance with obligations. (Regulation) XXII – the tax administrations of the
Union, the States, the Federal District and Municipalities, activities essential to the
functioning of the State, exercised by civil servants specific careers will have resources
priorities for the realization of their activities and act in an integrated manner,
including sharing records and tax information as provided by law
or covenant. (Included by the Constitutional Amendment 42 of December 19, 2003) Paragraph 1. The publicity of acts, programs,
works, services and campaigns of the should be educational,
informational or socially oriented cannot contain names, symbols or images
that characterize personal promotion of authorities or public servants. Paragraph 2. Failure to comply with the provisions of
items II and III shall entail the nullity of act and punishment of the responsible authority,
under the law. Paragraph 3. The law shall regulate the forms of participation
of the user in direct public administration and indirect, regulating in particular:
Constitutional Amendment No. 19 of 1998) I – complaints regarding the provision
services in general, provided by the the maintenance of answering services
to the user and the periodic external evaluation and internal, the quality of services; (Included
Constitutional Amendment No. 19 of 1998) II – users’ access to administrative records
and information about acts of government, observed the provisions of art. 5th, X and XXXIII; (Included
Constitutional Amendment No. 19 of 1998) III – the discipline of representation against
negligent or abusive exercise of office, employment or function in public administration.
(Included by Constitutional Amendment No. 19, 1998) Paragraph 4 – Acts of administrative misconduct
suspension of political rights, loss of public service, unavailability
assets and reimbursement to the treasury form and gradation provided for by law, without prejudice
appropriate criminal action. Paragraph 5. The law shall establish the limitation periods
for illicit acts by any agent, server or not, which cause damage to the
subject to the respective actions reimbursement. Paragraph 6. Legal entities governed by public law
and private-law service providers public will be liable for the damage their
agents as such cause third parties, The right of recourse against
responsible in cases of intent or guilt. Paragraph 7. The law shall provide for the requirements
and restrictions on the occupant or employment of direct and indirect administration
that enables access to inside information. (Included by Constitutional Amendment No.
19, 1998) § 8 The managerial, budgetary autonomy
and financial management and management bodies direct and indirect may be expanded by
contract to be signed between its managers and the government, which has as its object the
setting performance goals for the agency or entity, it being the law to provide for:
(Included by Constitutional Amendment No. 19, 1998) I – the term of the contract; II – the controls and evaluation criteria
performance, rights, obligations and responsibility of the leaders; III – the remuneration of the staff. ” Paragraph 9. The provisions of item XI shall apply to
state-owned enterprises and economy companies and its subsidiaries, which receive
Union, States, District resources Federal or Municipalities for payment
personnel or general costing expenses. (Included by Constitutional Amendment No.
19, 1998) § 10. Simultaneous perception is prohibited.
retirement benefits arising from of art. 40 or arts. 42 and 142 with the remuneration
position, employment or civil service, except cumulative positions under this Constitution,
elective and commission positions declared by law of free appointment and dismissal.
(Included by Constitutional Amendment No. 20, 1998) § 11. For purposes of
of the remuneration limits referred to in item XI of the caput of this article, the installments
compensation provided for by law. (Included by Constitutional Amendment No.
47 of 2005) § 12. For the purposes of the provision of
XI of the caption to this article, is available to States and the Federal District shall determine in their
by amending the respective Constitutions and Organic Law, as a single limit, the subsidy
Judges of the respective Court of Justice limited to ninety integers and
twenty five hundredths percent of the allowance of the Ministers of the Federal Supreme Court,
not applying the provisions of this paragraph to state and district deputies’ allowances
and the councilmen. (Included by the Constitutional Amendment No. 47 of 2005) Art. 38. To the public servant of the administration
direct, autarchic and foundational, in the exercise elective, the following shall apply:
Provisions: (Wording given by the 19 of 1998) I – in the case of federal elective mandate,
state or district, will be away from your position, job or function; II – invested in the mandate of Mayor, will be
removed from office, job or function and is allowed to opt for their remuneration; III – vested in the mandate of Alderman, having
time compatibility, you will notice the advantages of your position, job or function,
without prejudice to the remuneration of the elected and if not compatible, will be applied
the norm of the previous item; IV – in any case requiring removal
for the exercise of an elected term, his length of service will be counted for all
legal effects except for promotion by merit; V – for social security benefit purposes,
in case of removal, the values ​​will be determined as if in exercise. Section II OF PUBLIC SERVERS (Wording given by the Constitutional Amendment
No. 18, 1998) Art. 39. The Union, the States, the District
Federal Government and the Municipalities within its competence, legal regime
single and career plans for servers direct public administration, local authorities
and public foundations. (See ADIN No. 2,135-4) Art. 39. The Union, the States, the District
Federal and Municipalities will establish council of management and compensation policy
staffed by designated servers by their respective Powers
Constitutional Amendment No. 19 of 1998) (See ADIN No. 2.135-4) § 1 The setting of salary standards
and the other components of the remuneration system note: (Writing by the Constitutional Amendment
No. 19, 1998) I – the nature, the degree of responsibility
and the complexity of the component positions of each career; (Included by the Constitutional Amendment
No. 19, 1998) II – the requirements for the endowment; (Included
Constitutional Amendment No. 19 of 1998) III – the peculiarities of the positions. (Included
Constitutional Amendment No. 19 of 1998) Paragraph 2. The Union, the States, and the Federal District
will maintain government schools for training and the improvement of public servants,
participation in the courses one of the requirements for career promotion,
For this purpose, the conclusion of agreements or contracts between federated entities. (Essay
Constitutional Amendment No. 19 of 1998) Paragraph 3 Applies to occupying servers
public office the provisions of art. 7th, IV, VII, VIII, IX, XII, XIII, XV, XVI, XVII,
XVIII, XIX, XX, XXII and XXX, and the law may establish different admission requirements
when the nature of the position so requires. (Included Constitutional Amendment No. 19 of 1998) Paragraph 4. The Member of Power, the holder of a mandate
elective, the Ministers of State and the Secretaries State and Municipal will be paid
exclusively by subsidy fixed in installment only, the addition of any bonus,
additional, allowance, prize, representation allowance or other remuneration, obeyed,
In any case, the provisions of art. 37.X and XI. (Included by the Constitutional Amendment
No. 19, 1998) Paragraph 5 Law of the Union, the States, the District
Federal and Municipalities may establish the relationship between the highest and lowest remuneration
of civil servants, obeyed in any In this case, the provisions of art. 37, XI. (Included
Constitutional Amendment No. 19 of 1998) Paragraph 6. The Executive, Legislative and
Judiciary shall annually publish the amounts allowance and remuneration of posts
and public jobs. (Included by the Amendment 19 of 1998) Paragraph 7 Law of the Union, of the States, of the District
Federal and Municipalities will discipline the application of budgetary resources from
of the economy with current expenses in each body, local authority and foundation for
in the development of quality programs and productivity, training and development,
modernization, refit and rationalization public service, including in the form of
additional or premium productivity. (Included by Constitutional Amendment No.
19, 1998) Paragraph 8 The remuneration of public servants
organized by career may be fixed under § 4. (Included by the Amendment
19 of 1998) Art. 40. To servers holding positions
Union, States, District Federal and Municipalities, including their
municipalities and foundations, a system of contributory social security and
solidarity, by means of a contribution from the public, active and inactive servers
and pensioners, subject to the criteria preserve the financial and actuarial balance
and the provisions of this article. (Wording given Constitutional Amendment 41, 19.12.2003) § 1 The servers covered by the regime
social security covered by this article shall be retirees, calculated their earnings
from the values ​​fixed in the form of the §§ 3 and 17: (Wording given by Amendment
41, 19.12.2003) I – for permanent disability, with the earnings
proportional to the contribution time, except as a result of an accident in service,
occupational disease or serious, contagious disease or incurable, as provided by law; (Essay
Constitutional Amendment No. 41, 19.12.2003) II – compulsorily, with proportional earnings
contribution time at 70 (seventy) 75 years old or seventy-five
years of age, in the form of a complementary law; (Wording given by the Constitutional Amendment
No. 88 of 2015) III – voluntarily, provided that fulfilled
minimum period of ten years of effective exercise in the public service and five years in office
retirement will occur, observed following conditions: (Wording given
Constitutional Amendment No. 20 of 12/15/98) a) Sixty years old and thirty-five
of contribution, if man, and fifty and five years old and thirty years of contribution,
if woman; (Wording given by the Constitutional Amendment No. 20 of 12/15/98) b) sixty-five years old, if male,
and sixty years old, if woman, with earnings proportional to the contribution time.
(Wording given by the Constitutional Amendment No. 20 of 12/15/98) Paragraph 2 – The retirement income and the
pensions at the time of their grant, may not exceed the remuneration of the
server, in the effective position in which the retirement or that served as a reference
for granting the pension. (Wording given Constitutional Amendment No. 20 of 12/15/98) Paragraph 3 For the calculation of retirement income,
at the time of grant, shall be deemed to be the remuneration used as the basis for
server contributions to schemes social security covered by this article
and art. 201, as provided by law. (Essay Constitutional Amendment No. 41, 19.12.2003) Paragraph 4. Adoption of requirements is prohibited.
and different criteria for granting of retirement to those covered by the
subject to this article, subject to the terms defined in complementary laws, the
server cases: (Wording given by the Constitutional Amendment No. 47 of 2005) I persons with disabilities; (Included by
Constitutional Amendment No. 47 of 2005) II engaged in risky activities; (Included
Constitutional Amendment No. 47 of 2005) III whose activities are carried out under conditions
special hazards to the health or integrity of physical. (Included by the Constitutional Amendment
No. 47 of 2005) Paragraph 5 – The age and time requirements
contribution will be reduced by five in relation to the provisions of § 1,
III, “a”, for the teacher who exclusively attests time of effective exercise of duties
of teaching in early childhood education and Elementary and high school. (Wording given
Constitutional Amendment No. 20 of 12/15/98) Paragraph 6 – Except for retirements arising from
accumulated positions under this Constitution, perception of more than one retirement is prohibited
account of the pension scheme provided in this article. (Wording given by Amendment
No 20 of 12/15/98) Paragraph 7 Law shall provide for the granting of
death pension benefit which will be equal: (Wording given by Constitutional Amendment
41, 12.19.2003) I – the value of all the proceeds of the
deceased server up to the maximum limit for the benefits of the general pension scheme
social issue referred to in art. 201 plus seventy percent of the excess portion
to this limit if retired at the date of death; or (Included by the Constitutional Amendment
41, 12.19.2003) II – the amount of the total remuneration
of the server in the effective position death, up to the maximum limit established
for the benefits of the general pension scheme social issue referred to in art. 201 plus
seventy percent of the excess portion within this limit, if active on the date of
death. (Included by the Constitutional Amendment 41, 12.19.2003) Paragraph 8. The readjustment of benefits is assured.
to preserve them permanently the actual value, according to established criteria
in law. (Wording given by the Constitutional Amendment 41, 12.19.2003) Paragraph 9 – The time of federal contribution,
state or local authority will be counted for retirement and the corresponding length of service
for the purpose of availability. (Included Constitutional Amendment No. 20 of 12/15/98) § 10 – The law may not establish any
contribution time count form fictitious. (Included by the Constitutional Amendment
No. 20 of 12/15/98) § 11 – The limit set in art.
37, XI, to the sum total of the inactivity proceeds, including when arising from the accumulation
public positions or jobs, as well as other activities subject to contribution
for the general social security scheme, and the amount resulting from the addition of
of inactivity with job remuneration cumulative under this Constitution,
position in committee declared by law of free appointment and dismissal, and elective office.
(Included by Constitutional Amendment No. 20, 12/15/98) § 12 – In addition to the provisions of this article, the
public servants pension scheme effective office holders shall observe, in
appropriate, the requirements and criteria set for the general social security scheme.
(Included by Constitutional Amendment No. 20, 12/15/98) § 13 – To the occupying server, exclusively,
position in committee declared by law of free appointment and dismissal as well as
other temporary or public employment post, the general social security scheme applies.
(Included by Constitutional Amendment No. 20, 12/15/98) § 14 – The Union, the States, the Federal District
and the Municipalities, provided that they establish supplementary pension fund for their
respective holders of office effective, may fix, for the value of the
pensions to be granted under the arrangements referred to in this Article, the
established for the benefits of the general social security scheme of which
treats art. 201. (Included by the Constitutional Amendment No. 20 of 12/15/98) § 15. The supplementary pension scheme
dealt with in § 14 will be instituted by initiative law of the respective Executive Branch,
Observing the provisions of art. 202 and its paragraphs, where appropriate, through entities
closed supplementary social security public nature, which they shall offer to their
participating benefit plans only in the defined contribution modality.
(Wording given by the Constitutional Amendment 41, 12.19.2003) § 16 – Only by Prior and Express
option, paragraphs 14 and 15 may be be applied to the server that has joined
in the public service until the date of publication of the act of institution of the correspondent
supplementary pension scheme. (Included Constitutional Amendment No. 20 of 12/15/98) § 17. All remuneration amounts considered
calculating the benefit provided for in Paragraph 3 shall be duly updated in the
form of the law. (Included by the Constitutional Amendment 41, 12.19.2003) § 18. A contribution will be made to the income
of pensions and pensions granted by the regime dealt with in this article that go beyond
the upper limit for benefits of the general social security scheme of
that deals with art. 201, with equal percentage to that established for the title servers
effective positions. (Included by the Amendment 41, 19.12.2003) § 19. The server referred to in this article
who has completed retirement requirements established in § 1, III,
a, and choose to remain active will be entitled to an equivalent stay allowance
the amount of your social security contribution until you complete retirement requirements
contained in § 1, II. (Included Constitutional Amendment 41, 19.12.2003) § 20. It is forbidden to have more than
own social security scheme for servers holding effective positions,
and more than one management unit of its regime in each state entity, except for the
provided for in art. 142, § 3, X. (Included Constitutional Amendment 41, 19.12.2003) § 21. The contribution provided for in § 18
of this article will focus only on the installments retirement and pension income
exceeding twice the upper limit established for the benefits of the general pension scheme
social issue referred to in art. 201 of this Constitution, when the beneficiary, as provided by law, is
with a disabling disease. (Included Constitutional Amendment No. 47 of 2005) Art. 41. They are stable after three years of
effective exercise the named servers effective provisioning position by virtue of
of public tender. (Wording given by Constitutional Amendment No. 19 of 1998) § 1 The stable public servant will only lose
Position: (Writing by the Constitutional Amendment No. 19, 1998) I – by virtue of a court decision
in res judicata; (Included by the Constitutional Amendment No. 19, 1998) II – by administrative process in which
assured him ample defense; (Included Constitutional Amendment No. 19 of 1998) III – by means of evaluation procedure
periodic performance in the form of law complementary, ensuring broad defense. (Included
Constitutional Amendment No. 19 of 1998) Paragraph 2. Invalidated by judicial decision to
stable server resignation, will it be reinstated, and any occupant of the vacancy,
if stable, returned to the post of origin, not entitled to indemnity, taken advantage of
another post or post available with remuneration commensurate with length of service.
(Wording given by the Constitutional Amendment No. 19, 1998) § 3º Extinguished the position or declared its
unnecessary, the stable server will be availability, with proportional remuneration
length of service, until their proper utilization in another position. (Wording given by Amendment
19 of 1998) Paragraph 4 As a condition for the acquisition
stability, the assessment of special performance by committee set up
for this purpose. (Included by the Amendment 19 of 1998) Section III OF MILITARY STATES, FEDERAL DISTRICT
AND TERRITORIES (Wording given by the Constitutional Amendment
No. 18, 1998) Art. 42 The members of the Military Police
and Military Fire Brigades, institutions organized based on hierarchy and discipline,
are military states, the Federal District and the Territories. (Wording given by Amendment
18 of 1998) Paragraph 1. They apply to the military of the States,
Federal District and Territories, as well as may be laid down by law, the provisions of
of art. 14, § 8th; of art. 40, § 9th; and of art. 142, §§ 2 and 3, the law being
specific state law to provide for matters of art. 142, § 3, item X, patents being
officers conferred by their respective governors. (Wording given by Amendment
No 20 of 12/15/98) Paragraph 2. To the pensioners of the military of the
States, Federal District and Territories what is set by specific law applies
of the respective state entity. (Wording given Constitutional Amendment 41, 19.12.2003) Paragraph 3. It applies to the military of the States,
Federal District and Territories the provisions of in art. 37, item XVI, with prevalence of
Military activity. (Included by the Amendment 101, of 2019) Section IV REGIONS Art. 43. For administrative purposes, the Union
can articulate its action in the same complex economic and social development, aiming at its
and the reduction of regional inequalities. Paragraph 1 – Complementary Law shall provide for: I – the conditions for integration of regions
under development; II – the composition of regional bodies
which will implement, in accordance with the law, the members of national plans
economic and social development along with these. Paragraph 2 – Regional incentives shall comprise
among others, as provided by law: I – equal tariffs, freight, insurance
and other cost and liability pricing items of the Government; II – interest accrued for financing
priority activities; III – exemptions, reductions or deferrals
of federal taxes payable by individuals or legal entities; IV – priority for economic use
and social impact of rivers and dammed water bodies or dam in low-income regions,
subject to periodic drought. Paragraph 3 – In the areas referred to in Paragraph 2,
IV, the Union shall encourage the recovery arid land and will cooperate with the small
and medium farmers to the establishment, in their plots, water sources and small
irrigation. TITLE IV ORGANIZATION OF POWER (Wording given by the Constitutional Amendment
No. 80 of 2014) CHAPTER I LEGISLATIVE POWER SECTION I THE NATIONAL CONGRESS Art. 44. Legislative Power is exercised by the
National Congress, which is composed of the the Deputies and the Federal Senate. Single paragraph. Each legislature will have
the duration of four years. Art. 45. The Chamber of Deputies is composed
representatives of the people elected by the system proportionate, in each State, in each Territory
and in the Federal District. Paragraph 1. The total number of Deputies, as well as
representation by state and district Shall be established by supplementary law,
proportionate to the population, proceeding necessary adjustments in the previous year
to the elections so none of those Federation units have less than eight
or more than seventy Members. Paragraph 2 Each Territory shall elect four Deputies. Art. 46. The Federal Senate is composed of representatives
States and Federal District, elected by according to the majority principle. Paragraph 1. Each State and the Federal District shall elect
three Senators, with a term of office of eight years. Paragraph 2. The representation of each State and
Federal District will be renewed four in four years alternately for one and two
thirds. Paragraph 3. Each Senator shall be elected with two
alternates. Art. 47. Unless constitutionally provided
to the contrary, the deliberations of each House and of its Commissions will be taken by majority
of votes, the absolute majority of its members. Section II NATIONAL CONGRESS ATTRIBUTIONS Art. 48. It is up to the National Congress, with the
sanction of the President of the Republic, required for that specified in arts.
49, 51 and 52, to provide for all matters Union competence, in particular on: I – tax system, collection and distribution
of lace; II – multiannual plan, budget guidelines,
annual budget, credit operations, public debt and forced travel issues; III – fixing and modification of the herd
of the Armed Forces; IV – national, regional plans and programs
and sectoral development; V – limits of the national territory, space
air and maritime transport and Union goods; VI – incorporation, subdivision or dismemberment
from areas of Territories or States, heard the respective Legislative Assemblies; VII – temporary transfer of the seat of the
Federal government; VIII – granting of amnesty; IX – administrative, judicial,
of the Public Prosecution Service and the Public Defender’s Office Union and Territories and organization
District Judiciary and Public Prosecution Service Federal; (Wording given by the Constitutional Amendment
69, of 2012) (Effective Production) X – Creation, transformation and extinction
of positions, jobs and public functions, observed what is established in art. 84 VI
B; (Wording given by the Constitutional Amendment No. 32 of 2001) XI – Creation and extinction of Ministries
and public administration bodies; (Essay Constitutional Amendment No. 32 of
2001) XII – telecommunications and broadcasting; XIII – financial, exchange and monetary matters,
financial institutions and their operations; XIV – Currency, its Issue Limits, and Amount
federal securities debt. XV – Setting of the Ministers’ Allowance
Federal Supreme Court, observing what have the arts. 39, § 4; 150, II; 153,
III; and 153, § 2, I. (Wording given by Constitutional Amendment No. 41, 19.12.2003) Article 49. It is the exclusive competence of the Congress
National: I – definitely settle on treaties,
international agreements or acts entailing burdensome liabilities or commitments to equity
national; II – authorize the President of the Republic
to declare war, to celebrate peace, to allow foreign forces transit through the territory
stay in or temporarily stay there, except in cases provided for in complementary law; III – authorize the President and the Vice-President
Republic to be absent from the country when the absence exceeds fifteen days; IV – approve the state of defense and intervention
authorize the state of siege, or suspend any such measures; V – to stop the normative acts of the Executive Power
exorbitant from the regulatory power or the limits of legislative delegation; VI – temporarily change its headquarters; VII – set the same allowance for Members
Federals and Senators, observing what they have the arts. 37, XI, 39, § 4, 150, II, 153,
III, and 153, § 2, I; (Wording given by Constitutional Amendment No. 19 of 1998) VIII – set the allowances of the President and
Vice-President of the Republic and Ministers of State, subject to the provisions of arts.
37, XI, 39, Paragraph 4, 150, II, 153, III, and 153, Paragraph 2, I; (Wording given by the Constitutional Amendment
No. 19, 1998) IX – judge annually the accounts rendered
President of the Republic and to consider the reports on the implementation of the plans
of government; X – directly supervise and control, or
by any of their Houses, the acts of Power Executive Board, including those of the
indirect; XI – ensure the preservation of its competence
face of the normative attribution of the other Powers; XII – to consider the concession and renewal acts
concession of radio and television stations; XIII – choose two thirds of the members of the
Court Union accounts; XIV – Approve Executive Power Initiatives
relating to nuclear activities; XV – authorize referendum and call plebiscite; XVI – authorize, in indigenous lands, the exploitation
and the use of water resources and the research and mining of mineral wealth; XVII – approve, previously, the sale
or concession of public lands with area over two and a half thousand hectares. Art. 50. The Chamber of Deputies and the Senate
Federal Government, or any of its Commissions, may to summon Minister of State or any holders
directly subordinate to the Presidency Republic to personally provide
information on a previously determined subject, importing responsibility crime the absence
without proper justification. (Wording given Constitutional Revision Amendment no.
2, 1994) Paragraph 1. The Ministers of State may attend
to the Federal Senate, the House of Representatives, or to any of its Committees, for their
initiative and by understanding with the Respective table to present relevant subject
from your Ministry. § 2 The Tables of the Chamber of Deputies and
of the Federal Senate may forward requests written information to ministers of state
or to any of the persons referred to in the caption of this article, implying a crime of liability
refusal or non-compliance within thirty days, as well as the rendering of
false information. (Wording given by Constitutional Revision Amendment No. 2 of
1994) Section III OF THE CHAMBER OF MEMBERS Art. 51. It is the exclusive responsibility of the Chamber
Members: I – authorize, by two thirds of its members,
prosecution of the President and the Vice President of the Republic and the Ministers
of state; II – to take the President’s account
Republic, when not submitted to the National Congress within sixty days
after the opening of the legislative session; III – elaborate its internal regulations; IV – provide for its organization, operation,
police, creation, transformation or extinction the positions, jobs and functions of their services,
and the law initiative to fix the respective remuneration, observing the parameters established
the budget guidelines law; (Essay Constitutional Amendment No. 19 of
1998) V – elect members of the Council of the Republic,
pursuant to art. 89, VII. Section IV FEDERAL SENATE Article 52. It is the exclusive responsibility of the Senate.
Federal: I – prosecute and judge the President and the Vice President
of the Republic in liability crimes, as well as the Ministers of State and Commanders
Navy, Army and Air Force in crimes of the same nature connected with those;
(Wording given by the Constitutional Amendment No. 23 of 09/02/99) II sue and judge the Ministers of the Supreme
Federal Court, the members of the National Council of Justice and the National Council of the Ministry
Public, the Attorney General of the Republic and the Union Advocate General in the crimes of
responsibility; (Wording given by Amendment 45 of 2004) III – previously approve, by secret vote,
after public hearing, the choice of: a) Magistrates, in the cases established in this
Constitution; b) Ministers of the Federal Court of Auditors
appointed by the President of the Republic; c) Governor of Territory; d) President and directors of the central bank; e) Attorney General of the Republic; f) Holders of other positions as determined by law; IV – to approve previously, by secret vote,
after secret session argumentation, the choice of the Heads of Diplomatic Mission of character
permanent; V – authorize external operations of a nature
in the interest of the Union, the States, the Federal District, Territories and
Counties; VI – fix, on the proposal of the President of the
Republic, overall limits for the amount consolidated debt of the Union, the States,
Federal District and Municipalities; VII – provide for global limits and conditions
for foreign credit operations and Union, States, District
Federal and Municipalities, their municipalities and other entities controlled by the
Federal public; VIII – provide for limits and conditions
for the granting of a Union guarantee in external and internal credit operations; IX – establish global limits and conditions
amount of the securities debt of the States, the Federal District and the Municipalities; X – suspend the execution, in whole or in
part of a law declared unconstitutional by final decision of the Federal Supreme Court; XI – approve, by absolute majority and by vote
secret, the exoneration of office of the Prosecutor General of the Republic before the end of his term of office; XII – elaborate its internal regulations; XIII – provide for its organization, operation,
police, creation, transformation or extinction the positions, jobs and functions of their services,
and the law initiative to fix the respective remuneration, observing the parameters established
the budget guidelines law; (Essay Constitutional Amendment No. 19 of
1998) XIV – elect members of the Council of the Republic,
pursuant to art. 89, VII. XV – periodically evaluate functionality
of the National Tax System, in its structure and its components, and the performance of administrations
Union, States and District Federal and Municipalities. (Included by
Constitutional Amendment No. 42 of 12/19/2003) Single paragraph. In the cases provided for in
items I and II, will act as President Federal Supreme Court, limiting itself to
the condemnation, which will only be uttered by two thirds of the votes of the Federal Senate,
loss of position, with disqualification, by eight years for the exercise of public service,
without prejudice to other judicial sanctions appropriate. Section V OF THE MEMBERS AND SENATORS Art. 53. The Deputies and Senators are inviolable,
civil and criminally for any of their opinions, words and votes. (Wording given
Constitutional Amendment No. 35 of 2001) Paragraph 1. The Deputies and Senators, since the expedition
of the diploma shall be subject to judgment before the Federal Supreme Court. (Essay
Constitutional Amendment No. 35 of 2001) § 2 Since the issuance of the diploma, the
members of the National Congress may not be arrested, save in the act of an unenforceable crime.
In this case, the case will be sent within twenty-four hours to the respective House,
that, by the vote of the majority of its members, settle about the prison. (Wording given by
Constitutional Amendment No. 35 of 2001) Paragraph 3 Received the complaint against the Senator
or Deputy, for a crime occurring after graduation, the Supreme Court will give science
respective House which, on the initiative of political party represented in it and by
majority vote of its members may until the final decision halts the progress
of the action. (Wording given by the Constitutional Amendment No. 35 of 2001) Paragraph 4. The request for a halt shall be considered.
by the respective House within the non-extendable within forty-five days of receipt
by the Board of Directors. (Wording given by Amendment 35 of 2001) Paragraph 5. The suspension of proceedings shall suspend
prescription for the duration of the mandate. (Essay Constitutional Amendment No. 35 of
2001) Paragraph 6. Deputies and Senators shall not be
required to testify about information received or provided as a result of the exercise
of the term of office or of the persons trusted or received information from them.
(Wording given by the Constitutional Amendment No. 35 of 2001) Paragraph 7. Incorporation into the Armed Forces
of Deputies and Senators, although military and even in wartime, it will depend
prior permission of the respective House. (Essay Constitutional Amendment No. 35 of
2001) Paragraph 8. The immunities of Deputies or Senators
will survive during the state of siege, only may be suspended by the vote of two
thirds of the members of the respective House, in cases of acts performed outside the premises of the
National Congress, which are incompatible with the implementation of the measure. (Included by
Constitutional Amendment No. 35 of 2001) Article 54. Deputies and Senators shall not: I – since the issuance of the diploma: a) enter into or maintain a contract with a legal entity
public law, local authority, public company, mixed capital company or concessionaire company
public service, except where the contract comply with uniform clauses; b) accept or hold office, function or employment
including those who are dismissed “ad nutum” in the entities listed in
previous; II – since possession: a) be owners, controllers or directors
company enjoying favor arising from contract with a legal person governed by public law,
or perform a paid function there; b) hold office or function from which they are dismissed
“ad nutum” in the entities referred to in I, “a”; c) sponsor cause in which it is interested
any of the entities referred to in item I, “a”; d) hold more than one office or mandate
Elective audience. Article 55. The Deputy or
Senator: I – breach any of the prohibitions
established in the previous article; II – whose procedure is declared incompatible
with parliamentary decorum; III – to stop attending each session
third part of the sessions the House to which he belongs, unless
license or mission authorized by it; IV – who loses or is suspended the rights
politicians; V – when the electoral court decrees it,
in the cases provided for in this Constitution; VI – to suffer criminal conviction in sentence
final. Paragraph 1. It is incompatible with parliamentary decorum,
in addition to the cases defined in the bylaws, abuse of the privileges granted to a member
National Congress or the perception of improper advantages. Paragraph 2. In the cases of items I, II and VI, the
loss of mandate will be decided by the House Deputies or the Federal Senate, for
absolute majority by provoking the Bureau or political party represented
in the National Congress, ample defense ensured. (Wording given by the Constitutional Amendment
No. 76 of 2013) Paragraph 3 – In the cases provided for in items III
V, the loss shall be declared by the Bureau of Respective box of office or by provocation
from any of its members, or from a party politician represented at the National Congress,
ample defense is ensured. Paragraph 4. The resignation of a parliamentarian submitted
a process aimed at or likely to lead to loss term of office under this article shall be
their effects suspended until the deliberations paragraphs 2 and 3. (Included
Constitutional Revision Amendment no. 6, 1994) Article 56. The Deputy shall not lose his mandate.
or Senator: I – vested in the post of Minister of State,
Territory Governor, Secretary of State, Federal District, Territory,
of City Hall or head of mission temporary diplomatic diplomacy; II – licensed by the respective House for reasons
or to treat, without pay, of particular interest, provided that in this
case the removal does not exceed one hundred and twenty days per legislative session. Paragraph 1. The alternate shall be called in cases
of vacancy, of investing in duties in this article or license higher than one hundred
and twenty days. Paragraph 2. If a vacancy occurs and there is no alternate,
election will be made to fill it if more than fifteen months to the end of the term. Paragraph 3 In the event of item I, the Deputy
or Senator may opt for compensation of the mandate. Section VI MEETINGS Art. 57. The National Congress shall meet,
annually, in the Federal Capital, from February 2 July 17th and August 1st to December 22nd.
(Wording given by the Constitutional Amendment No. 50 of 2006) Paragraph 1. Meetings scheduled for these dates
will be moved to the first business day subsequent, when they fall on Saturdays,
Sundays or holidays. Paragraph 2. The legislative session shall not be interrupted.
without the approval of the guidelines bill budgetary Paragraph 3. In addition to other cases provided for in this
Constitution, the House of Representatives and the Senate will meet in session
joint for: I – inaugurate the legislative session; II – elaborate the common and regular regiment
the creation of services common to both houses; III – receive the commitment of the President
and the Vice President of the Republic; IV – know about the veto and deliberate on it. Paragraph 4. Each of the Houses shall meet in
preparatory sessions from 1 January February, in the first year of the legislature,
for the inauguration of its members and election of respective Tables, for a mandate of 2 (two)
re-appointment to the same post is prohibited in the immediately subsequent election. (Essay
Constitutional Amendment No. 50 of 2006) Paragraph 5. The Bureau of the National Congress shall be
chaired by the President of the Federal Senate, and the other positions will be held, alternately,
by occupants of equivalent positions in the House of Representatives and the Federal Senate. Paragraph 6. The Extraordinary Convening of Congress
The following will be made: 50 of 2006) I – by the President of the Federal Senate, in
case of decree of the state of defense or federal intervention, application for authorization
for the decree of state of siege and for the commitment and tenure of the President
and the Vice President of the Republic; II – by the President of the Republic, by
Presidents of the Chamber of Deputies and Federal Senate or at the request of the majority
members of both Houses, in case of urgency or relevant public interest,
in all hypotheses of this item with the approval of the absolute majority of each
of the National Congress Houses. (Essay Constitutional Amendment No. 50 of
2006) Paragraph 7. At the extraordinary legislative session,
the National Congress will only deliberate on the matter to which it was summoned, except
the hypothesis of § 8 of this article, prohibited payment of an indemnity installment, in
reason for the call. (Wording given by Constitutional Amendment No. 50 of 2006) Paragraph 8 If there are provisional measures in force
on the extraordinary call date of the National Congress, they will automatically be
included in the agenda of the call. (Included Constitutional Amendment No. 32 of 2001) Section VII COMMISSIONS Art. 58. The National Congress and its Houses
will have permanent and temporary committees, constituted in the form and with the
bylaws or in the act from which its creation results. § 1 In the constitution of the Tables and each
Commission shall be ensured as far as possible proportional representation of parties
or the participating parliamentary blocs of the respective house. Paragraph 2. To the commissions, by reason of the matter
within its competence: I – discuss and vote on a bill that you dispense,
pursuant to the Rules of Procedure, the competence of the Plenary, unless there is recourse to one tenth of the
members of the House; II – hold public hearings with entities
of civil society; III – to convene Ministers of State to render
information about matters inherent in their attributions; IV – receive petitions, complaints, representations
or complaints from anyone against acts or omissions of the authorities or entities
public; V – request testimony from any authority
or citizen; VI – to consider works programs, national plans,
regional and sectoral development and give them an opinion. Paragraph 3. The parliamentary committees of inquiry,
who will have their own investigative powers judicial authorities, as well as other
bylaws of the respective Houses, will be created by the Chamber of Deputies
and by the Federal Senate, jointly or separately, upon the request of one third of its
members, for the determination of a given fact and for a certain period of time, its conclusions being
where appropriate, forwarded to the Ministry Public, to promote accountability
civil or criminal offenders. § 4º During the recess, there will be a
representative of the National Congress, elected by their Houses in the last ordinary session
of the legislative period, with common rules, the composition of which
reproduce, as far as possible, the proportionality of party representation. Section VIII LEGISLATIVE PROCEDURE Subsection I General Provision Art. 59. The legislative process comprises
the elaboration of: I – amendments to the Constitution; II – complementary laws; III – ordinary laws; IV – delegated laws; V – provisional measures; VI – legislative decrees; VII – resolutions. Single paragraph. Complementary law will provide
on drafting, drafting, amendment and consolidation of laws. Subsection II From Amendment to Constitution Article 60. The Constitution may be amended.
upon proposal: I – at least one third of the members
the Chamber of Deputies or the Federal Senate; II – of the President of the Republic; III – more than half of the Legislative Assemblies
Federation units, expressing themselves, each of them, by the relative majority of their
members. Paragraph 1. The Constitution may not be amended.
during federal intervention, in accordance with state of defense or state of siege. Paragraph 2. The proposal will be discussed and voted on.
in each House of the National Congress, in two shifts, considering that it is approved if
in both, three fifths of the votes of the respective members. Paragraph 3. The amendment to the Constitution shall be promulgated.
by the Chambers of the Chamber of Deputies and Federal Senate, with the respective number of
order. Paragraph 4. It shall not be subject to deliberation.
the proposed amendment to abolish: I – the federative form of state; II – the direct, secret, universal and periodic vote; III – the separation of Powers; IV – the individual rights and guarantees. Paragraph 5. The matter contained in the proposal for
amendment rejected or damaged cannot be resubmitted in the same
legislative session. Subsection III Laws Art. 61. The initiative of complementary laws
ordinary shares is the responsibility of any member or of the House of Representatives, of the Federal Senate
or the National Congress, to the President of Republic, the Federal Supreme Court, the
Superior Courts, the Attorney General Republic and the citizens, in the form and
in the cases provided for in this Constitution. Paragraph 1. They are of private initiative of the President
of the Republic the laws that: I – fix or modify the forces of the Forces
Armed; II – provide for: a) creation of positions, functions or jobs
public services in direct and autarchic administration or increase in their compensation; (b) administrative and judicial organization;
tax and budgetary matters, services public administration and staff
Territories; c) public servants of the Union and Territories,
their legal regime, office provision, stability and retirement; (Wording given
Constitutional Amendment No. 18 of 1998) d) organization of the Public Prosecution and
the Public Defender’s Office as well as general rules for the organization of the Ministry
Public and the Public Defender’s Office of the States, Federal District and Territories; e) creation and extinction of Ministries
and public administration bodies, observed the provisions of art. 84, VI; (Wording given
Constitutional Amendment No. 32 of 2001) f) military of the Armed Forces, its regime
legal position, promotions, promotions, stability, remuneration, retirement and transfer
for the reservation. (Included by the Constitutional Amendment No. 18, 1998) § 2 The popular initiative can be exercised
for presentation to the House of Representatives bill subscribed by at least
one percent of the national electorate, distributed at least five states, with no less
of three tenth percent of the voters of each of them. Art. 62. In case of relevance and urgency,
the President of the Republic may adopt provisional measures, with the force of law,
submit them immediately to the National Congress. (Wording given by the Constitutional Amendment
No. 32 of 2001) Paragraph 1. The issuance of provisional measures is prohibited.
(Included by the Constitutional Amendment No. 32 of 2001) I – concerning: (Included by the Constitutional Amendment
No. 32 of 2001) a) nationality, citizenship, political rights,
political parties and electoral law; (Included Constitutional Amendment No. 32 of 2001) b) criminal law, criminal and procedural law
civil; (Included by the Constitutional Amendment No. 32 of 2001) c) organization of the judiciary and the
Public Prosecution Service, Career and Guarantee of its members; (Included by the Constitutional Amendment
No. 32 of 2001) d) multiannual plans, budgetary guidelines,
budget and additional and supplementary credits, except as provided in art. 167, § 3;
(Included by Constitutional Amendment No. 32 of 2001) II – aimed at the arrest or kidnapping
of goods, popular savings or any other another financial asset; (Included by the Amendment
32 of 2001) III – the complementary law is reserved; (Included
Constitutional Amendment No. 32 of 2001) IV – already disciplined in bill
approved by the National Congress and pending sanction or veto of the President of the Republic.
(Included by Constitutional Amendment No. 32 of 2001) Paragraph 2 Provisional measure involving institution
or increase in taxes other than those provided in arts. 153, I, II, IV, V, and 154, II, only
will have effects on the financial year following if it has been converted into law
until the last day of the day it was edited. (Included by Constitutional Amendment No.
32 of 2001) Paragraph 3. The provisional measures, except
Paragraphs 11 and 12 shall not be effective, since editing if not converted
within sixty days, extendable, under Paragraph 7, once for an equal period,
the disciplinary National Congress by legislative decree, legal relations
resulting from them. (Included by the Amendment 32 of 2001) Paragraph 4. The period referred to in paragraph 3 shall be
publication of the provisional measure, suspending during congressional recess
National. (Included by the Constitutional Amendment No. 32 of 2001) Paragraph 5 The deliberation of each of the Houses
of the National Congress on the merits of provisional measures will depend on judgment
prior to meeting your assumptions constitutional. (Included by the Constitutional Amendment
No. 32 of 2001) Paragraph 6. If the provisional measure is not assessed
within forty-five days from publication, shall enter as a matter of urgency
subsequently in each of the Houses of the National Congress, staying overbooked, until
the last vote, all other legislative deliberations of the House in which
is processing. (Included by the Amendment 32 of 2001) Paragraph 7. It shall be extended only once per
period of validity of provisional measure whereas within sixty days from
your post does not have your vote closed at the two Houses of the National Congress.
(Included by Constitutional Amendment No. 32 of 2001) Paragraph 8. Provisional measures shall have their
voting in the House of Representatives. (Included by Constitutional Amendment No.
32 of 2001) Paragraph 9 The Joint Committee of Deputies
and Senators examine provisional measures and about giving their opinion before they are
considered, in a separate session, by the plenary of each of the National Congress Houses.
(Included by Constitutional Amendment No. 32 of 2001) § 10. Reissue is forbidden at the same session.
of a provisional measure which has been has been rejected or has lost its effectiveness
over a period of time. (Included by the Amendment 32 of 2001) § 11. Legislative Decree Not Edited
referred to in paragraph 3 up to sixty days after the rejection or loss of efficacy of
provisional measure, the legal relations constituted and arising from acts performed
shall remain in force for a period of she ruled. (Included by the Constitutional Amendment
No. 32 of 2001) § 12. Approved conversion bill
amending the original text of the provisional measure, shall remain in full force until
sanctioned or vetoed the project. (Included Constitutional Amendment No. 32 of 2001) Article 63. No increase in expenses will be allowed.
Preview: I – in projects of exclusive initiative of the
President of the Republic, except as provided in art. 166, § 3 and § 4; II – in projects on the organization of
administrative services of the Chamber of Deputies, Federal Senate, Federal Courts
and the Public Prosecution Service. Art. 64. The discussion and voting of the projects
initiative of the President of the Republic, of the Federal Supreme Court and the Courts
Superiors will begin in the House of Representatives. Paragraph 1. The President of the Republic may
request urgency for project appraisal of your initiative. Paragraph 2. If, in the case of paragraph 1, the Chamber of
Deputies and the Federal Senate do not speak about the proposition, each successively,
within forty-five days there will be all other legislative deliberations
with the exception of those which have a specified constitutional term until
the last vote. (Wording given Constitutional Amendment No. 32 of 2001) Paragraph 3. Consideration of Senate amendments
Federal Chamber of Deputies within ten days, observed for the
plus the provisions of the previous paragraph. § 4 The terms of § 2 do not run within
recess periods of the National Congress, nor do they apply to code projects. Art. 65. The bill approved by a
House will be reviewed by each other in one turn discussion and voting, and sent to the sanction
or promulgation, if the Reviewing House approves it, or filed if you reject it. Single paragraph. Being the project amended,
will return to the initiating house. Art. 66. The House in which it has been completed
the vote will send the bill to the President of the Republic, who, acquiescing, will sanction him. Paragraph 1. If the President of the Republic considers
the project, in whole or in part, unconstitutional contrary to the public interest, will veto it
wholly or partially within fifteen working days from the date of receipt,
and report within forty-eight hours to the President of the Federal Senate the reasons
of the veto. § 2 The partial veto will only cover text
full article, paragraph, clause or paragraph. Paragraph 3 After the period of fifteen days, the
silence of the President of the Republic will sanction. Paragraph 4. The veto shall be considered in a joint session,
within 30 days of receipt, can only be rejected by majority vote
of Members and Senators. (Essay Constitutional Amendment No. 76 of
2013) Paragraph 5. If the veto is not upheld, it shall be the
bill sent for promulgation to the President of the Republic. Paragraph 6. Expired without deliberation the deadline
paragraph 4, the veto shall be placed on the order of business of the immediate sitting
the other propositions, until your vote Final. (Wording given by the Constitutional Amendment
No. 32 of 2001) Paragraph 7. If the law is not promulgated within
forty-eight hours by the President of the Republic, in the cases of § 3 and § 5,
the Senate President shall promulgate it, and if does not do so in the same time
to the Vice President of the Senate to do so. Art. 67. The subject matter of the project of
rejected law can only be the object of new bill at the same legislative session,
by proposal of the absolute majority of the members of any of the Houses of Congress
National. Art. 68. The delegated laws will be elaborated
President of the Republic, who shall request the delegation to the National Congress. Paragraph 1. The delegation shall not be subject to
acts of exclusive competence of the Congress Those of private competence of the
House of Representatives or the Federal Senate, the subject matter of the supplementary law,
nor the legislation on: I – organization of the judiciary and the
Public Prosecution Service, Career and Guarantee of its members; II – nationality, citizenship, individual rights,
political and electoral; III – multiannual plans, budget guidelines
and budgets. Paragraph 2. The delegation to the President of the Republic
will have the form of congressional resolution Which will specify its content
and the terms of your exercise. Paragraph 3. If the resolution determines the assessment
of the project by the National Congress, this one shall do in a single vote, forbidden any
amendment. Art. 69. Complementary laws shall be approved
by absolute majority. Section IX ACCOUNTING, FINANCIAL AND
BUDGET Article 70. The accounting, financial,
budgetary, operational and equity Union and administrative entities
direct and indirect, as to the legality, legitimacy, economy, application of subsidies
and income waiver shall be exercised by the National Congress, through external control,
and by the internal control system of each Power. Single paragraph. Accountable any
natural or legal person, public or private, that you use, collect, store, manage or
manage public money, assets and values or for which the Union responds, or which
on its behalf, assume obligations of a pecuniary. (Wording given by the Constitutional Amendment
No. 19, 1998) Article 71. The external control, in charge of the Congress
Shall be exercised with the assistance of the Union Court of Auditors, which is responsible for: I – appraise the annual accounts
by the President of the Republic, by means of an opinion which should be prepared in sixty
days of receipt; II – judge the administrators accounts
and other responsible for money, goods and public values ​​of direct administration
and indirect, including foundations and companies instituted and maintained by the Government
federal government, and the accounts of those loss, loss or other irregularity
resulting in damage to the public purse; III – consider, for registration purposes, the legality
of acts of admission of personnel to any title, in direct and indirect administration,
foundations established and maintained by the Government, except for nominations
for office in committee as well as such as retirement grants,
pensions, subject to improvements in the which do not alter the plea
concession act; IV – carry out, on its own initiative, the
House of Representatives, Federal Senate, technical commission or inquiry, inspections
and audits of an accounting, financial, budgetary, operational and equity
in the administrative units of the Legislative Powers, Executive and Judiciary, and other entities
referred to in item II; V – supervise the national accounts of companies
supranational corporations whose capital stock the participate directly or indirectly in the
terms of the constitutive treaty; VI – supervise the application of any
resources transferred by the Union by agreement, arrangement, adjustment or similar instruments,
the State, the Federal District or the Municipality; VII – provide the requested information
by the National Congress, by any of its Houses, or by any of its Committees,
on accounting, financial, budgetary, operational and equity
and results of audits and inspections performed; VIII – apply to those responsible, in case
unlawful expenditure or irregularity the penalties provided for by law,
which will establish, among other commissions, fine commensurate with damage to the treasury; IX – sign a deadline for the body or entity
adopt the necessary measures to the exact compliance with the law, if unlawfulness is verified; X – Stop, if not attended to, execution
contested act, communicating the decision to the House of Representatives and the Federal Senate; XI – represent to the competent Power about
irregularities or abuses found. Paragraph 1. In the case of a contract, the act of withdrawal
will be adopted directly by the National Congress, which will immediately request the Executive
the appropriate measures. Paragraph 2. If the National Congress or the Power
Executive Officer, within ninety days, shall not the measures provided for in paragraph
the Court shall give its ruling. Paragraph 3. Decisions of the Court resulting in
imputation of debt or fine will be effective of executive title. Paragraph 4. The Court shall forward to the Congress
National quarterly and yearly report of your activities. Art. 72. The Permanent Joint Commission to which
refers to art. 166, §1, before evidence unauthorized expenditure, even if under
the form of unscheduled investments or unapproved grants, you may apply for
to the responsible governmental authority which within five days, provide clarifications
needed. Paragraph 1. Not provided the clarifications,
considered to be insufficient, the Commission request the Court to give a final ruling
on the matter within thirty days. Paragraph 2. The Court finding that the expenditure is irregular,
Commission, if it considers that the expenditure may cause irreparable damage or serious damage to the economy
shall propose to the National Congress its scare. Art. 73. The Court of Auditors of the Union, integrated
by nine Ministers, is headquartered in the Federal District, own staff and jurisdiction
throughout the national territory, exercising, where appropriate, the attributions provided
in art. 96. Paragraph 1. The Ministers of the Court of Auditors
will be appointed from among Brazilians that meet the following requirements: I – more than thirty-five and less than sixty
and five years old; II – moral integrity and unblemished reputation; III – notorious legal knowledge,
accounting, economic and financial or public administration; IV – more than ten years of office
or of effective professional activity that requires the knowledge mentioned in the previous item. Paragraph 2 The Ministers of the Court of Auditors
Union shall be chosen: I – one third by the President of the Republic,
with approval from the Federal Senate, two alternately among auditors and members
Prosecutor at the Court, indicated by the Court on a threefold list,
according to the criteria of seniority and merit; II – two thirds by the National Congress. Paragraph 3. The Ministers of the Court of Auditors
Union shall have the same guarantees, prerogatives, impediments, salaries and advantages of
Ministers of the Superior Court of Justice, applying to them as to retirement
and pension, the norms contained in art. 40 (Wording given by the Constitutional Amendment
No. 20, 1998) Paragraph 4. The auditor, when replacing
Minister, shall have the same guarantees and impediments of the holder and, when exercising the other
of the judicature, those of judge of Federal Regional Court. Article 74. The Legislative, Executive Powers
and the judiciary will maintain, in an integrated manner, internal control system for the purpose
in: I – evaluate the fulfillment of the planned goals
at multiannual level, the implementation of the of government and the budgets of the Union; II – prove the legality and evaluate the results,
regarding the effectiveness and efficiency of budgetary, financial and equity
federal government agencies and entities, as well as the application of public resources
by entities governed by private law; III – exercise control over the operations of
guarantees, sureties and guarantees, as well as Union rights and assets; IV – support the external control in the exercise
of its institutional mission. §
1º Those responsible for internal control, upon becoming aware of any irregularity
or unlawfulness, shall inform the Court of Accountants, under penalty of liability
supportive. Paragraph 2. Any citizen, political party,
association or trade union is a legitimate part to, in accordance with the law, report irregularities
or illegalities before the Court of Auditors of the Union. Art. 75. The norms established in this section
apply, as appropriate, to the organization, composition and supervision of courts
States and Federal District, as well as the Courts and Boards of Auditors
of the Municipalities. Single paragraph. The state constitutions
the respective Courts of Auditors, which will be made up of seven Directors. CHAPTER II 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. Art. 77. The Election of the President and the Vice-President
Republic shall be held at the same time as on the first sunday of october on first
shift, and the last Sunday of October in second round, if any, from the previous year
the end of the current presidential term. (Wording given by the Constitutional Amendment
No. 16 of 1997) Paragraph 1. The election of the President of the Republic
shall import that of the Vice-President registered with him. § 2 Will be considered elected President
the candidate who, registered by political party, obtain the absolute majority of votes, not
computed blanks and nulls. Paragraph 3 If no candidate reaches majority
absolute vote at the first vote, it shall be new election within twenty days of the
proclamation of the result, competing two most voted candidates and considering
elected the one who gets the most votes valid. Paragraph 4. If, before the second round is held,
death, withdrawal or impediment candidate shall be called, among other
the remaining, the one with the largest vote. Paragraph 5. If, in the hypothesis of the previous paragraphs,
remain second more than one candidate with the same vote, the
older Art. 78. The President and the Vice-President
Republic shall take office in session of the National Congress, making the commitment
to uphold, defend and comply with the Constitution, observe the laws, promote the general good of
Brazilian people, uphold unity, integrity and the independence of Brazil. Single paragraph. If, after ten days
from the date fixed for taking office, the President or the Vice-President, except on grounds of force
older person has not taken office, he shall be declared vacant. Article 79. Will replace the President, in the event
impediment, and will succeed in the vacant the vice president. Single paragraph. The Vice-President of the Republic,
in addition to other attributions conferred by complementary law will assist
the President, whenever called by him for special missions. Art. 80. In case of impediment of the President
Vice-President, or vacancy of the respective positions, shall be successively called to the
Presidency the President of the House of Representatives, the Federal Senate
and the Federal Supreme Court. Article 81. Vacating the positions of President and
Vice-President of the Republic, election will be ninety days after the last wave was opened. Paragraph 1 – Should the vacancy occur in the last
two years of the presidential term, the election for both positions will be made thirty days
after the last wave, by the National Congress, in the form of the law. Paragraph 2 – In any case, the elected
should complete the period of their predecessors. Article 82. The Mandate of the President of the Republic
is four years old and will start in first January of the year following their election.
(Wording given by the Constitutional Amendment No. 16 of 1997) Art. 83. The President and the Vice-President
of the Republic may not, without of the National Congress, to leave the country
for more than fifteen days, under penalty of loss of office. Section II Duties of the President of the Republic Article 84. It is the exclusive responsibility of the President
of the Republic: I – appoint and dismiss the Ministers of State; II – exercise, with the assistance of the Ministers
State, the upper management of the federal; III – start the legislative process, in the form
and in the cases provided for in this Constitution; IV – sanction, promulgate and publish
laws as well as issuing decrees and regulations for his faithful execution; V – veto bills in whole or in part; VI – to provide, by decree, on:
Constitutional Amendment No. 32 of 2001) a) organization and operation of the administration
when it does not imply an increase in expenditure nor creation or extinction of public agencies;
(Included by Constitutional Amendment No. 32 of 2001) (b) termination of public office or office;
when vacant; (Included by the Constitutional Amendment No. 32 of 2001) VII – maintain relations with foreign states
and accredit their diplomatic representatives; VIII – enter into treaties, conventions and acts
subject to congressional referendum National; IX – decree the state of defense and the state
of place; X – decree and execute the federal intervention; XI – send message and plan of government to
National Congress on the occasion of the opening of the legislative session, setting out the situation
of the Country and requesting the measures deem necessary; XII – grant pardon and commute penalties, with
hearing, if necessary, of the bodies instituted in law; XIII – exercise supreme command of the Forces
Armed Forces, appoint the Navy Commanders, Army and Aeronautics, promote their
general officers and appoint them to the positions that are private to them; (Wording given
Constitutional Amendment 23 of September 2, 1999) XIV – nominate, after approval by the Senate
Federal, the Supreme Court Ministers Federal and Superior Courts, the Governors
of Territories, the Attorney General of the Republic, the president and directors of the central bank
and other servers when determined in law; XV – appoint, subject to the provisions of art.
73, the Ministers of the Court of Auditors of Unity; XVI – appoint the magistrates, in the cases provided
Constitution, and the Advocate General of the Unity; XVII – to appoint members of the Council of the Republic,
pursuant to art. 89, VII; XVIII – call and preside over the Council of
Republic and the National Defense Council; XIX – Declare war in case of aggression
authorized by the National Congress or endorsed by him, when it occurred in the
between legislative sessions and, in the same conditions, decree, in whole or in part,
national mobilization; XX – celebrate the peace, authorized or with the referendum
of the National Congress; XXI – to award decorations and distinctions
honorific; XXII – allow, in the cases provided for by law
that foreign forces carry over national territory or remain in it
temporarily; XXIII – send to the National Congress the plan
multiannual, the Guidelines Bill budget proposals and budget proposals
provided for in this Constitution; XXIV – render, annually, to the National Congress,
within sixty days of the opening of the legislative session, the accounts
previous year; XXV – Providing and Extinguishing Public Offices
federal funds as provided by law; XXVI – edit provisional measures with force
of law, pursuant to art. 62; XXVII – perform other duties foreseen
in this Constitution. Single paragraph. The President of the Republic
may delegate the aforementioned tasks in items VI, XII and XXV, first part,
to the Ministers of State, the Prosecutor General Republic or the Advocate General of the Union,
that will observe the limits drawn in the respective delegations. Section III Responsibility of the President of the Republic Art. 85. Are crimes of responsibility the
acts of the President of the Republic which against the Federal Constitution and especially
against: I – the existence of the Union; II – the free exercise of the Legislative Power,
the Judiciary, the Public Prosecution Service and the constitutional powers of the units
of the Federation; III – the exercise of political rights;
individual and social; IV – the internal security of the country; V – probity in administration; VI – the budget law; VII – compliance with laws and decisions
judicial Single paragraph. These crimes will be defined
special law, which shall lay down the rules of process and judgment. Article 86. The accusation against the President is admitted.
Republic, by two thirds of the House Deputies, he will be put to trial
before the Federal Supreme Court, in the infractions ordinary criminal proceedings, or before the Federal Senate,
in liability crimes. Paragraph 1. The President shall be suspended from his
Functions: I – in ordinary criminal offenses, if received
the complaint or criminal complaint by the Supreme Court Federal; II – in crimes of responsibility, after
the filing of the lawsuit by the Federal Senate. Paragraph 2. If, after the expiration of one hundred and eighty
days the trial is not completed, the removal of the President shall be terminated without
prejudice to the regular continuation of the proceedings. § 3 As long as no sentence has been handed down,
common offenses, the President of the Republic will not be subject to arrest. Paragraph 4. The President of the Republic, in force
of his term of office cannot be held responsible for acts foreign to the performance of their duties. Section IV MINISTERS OF STATE Article 87. The Ministers of State shall be chosen
among Brazilians over twenty-one years old and in the exercise of political rights. Single paragraph. It is up to the Minister of
State, in addition to other attributions established in this Constitution and the law: I – exercise guidance, coordination
and supervision of the organs and entities of federal administration in the area of ​​its competence
and endorse the acts and decrees signed by the President of the Republic; II – issue instructions for execution
of laws, decrees and regulations; III – present to the President of the Republic
annual report of its management in the Ministry; IV – to perform the acts pertinent to the attributions
granted or delegated by the President. Article 88. The law shall provide for the creation
and extinction of Ministries and organs of public administration. (Wording given
Constitutional Amendment No. 32 of 2001) Section V OF THE COUNCIL OF THE REPUBLIC AND OF THE COUNCIL OF
NATIONAL DEFENSE Subsection I From the Council of the Republic Article 89. The Council of the Republic is an organ
consultation of the President of the Republic, and participate in it: I – the Vice-President of the Republic; II – the President of the Chamber of Deputies; III – the President of the Federal Senate; IV – majority and minority leaders in the
Chamber of Deputies; V – majority and minority leaders in the
Federal Senate; VI – the Minister of Justice; VII – six native Brazilian citizens, with
over thirty-five years old, being two appointed by the President of the Republic,
two elected by the Federal Senate and two elected by the House of Representatives, all with a mandate
of three years, the renewal is prohibited. Art. 90. It is incumbent upon the Council of the Republic
pronounce about: I – federal intervention, state of defense
and state of siege; II – the issues relevant to stability
of democratic institutions. Paragraph 1. The President of the Republic may
to summon Minister of State to attend Council meeting when it appears in the
agenda issue related to the respective Ministry. Paragraph 2. The law shall regulate the organization and
functioning of the Council of the Republic. Subsection II From the National Defense Council Art. 91. The National Defense Council is
consultation body of the President of the Republic in matters related to sovereignty
defense of the democratic state, and participate in it as born 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; (Essay
Constitutional Amendment No. 23 of 1999) VI – the Minister of Foreign Affairs; VII – the Minister of Planning. VIII – Army Commanders of the Navy
and Aeronautics. (Included by the Amendment 23 of 1999) Paragraph 1. The National Defense Council shall: I – opine in the hypothesis of declaration
of war and of peace, in accordance with of this Constitution; II – give an opinion on the state decree
defense, state of siege and intervention federal; III – propose the criteria and conditions for
use of areas indispensable for the security of the national territory and opine
about its effective use, especially in the range border and those related to the preservation of
and the exploitation of the natural resources of any type; IV – study, propose and monitor the development
necessary initiatives to guarantee the independence of and the defense of the democratic state. Paragraph 2. The law shall regulate the organization and
National Defense Council. CHAPTER III OF JUDICIAL POWER Section I GENERAL PROVISIONS Article 92. The following are organs of the judiciary: I – the Supreme Federal Court; IA the National Council of Justice; (Included
Constitutional Amendment No. 45 of 2004) II – the Superior Court of Justice; II-A – the Superior Labor Court; (Included
Constitutional Amendment No. 92 of 2016) III – The Federal Regional Courts and Judges
Feds; IV – the Labor Courts and Judges; V – the Electoral Courts and Judges; VI – Military Courts and Judges; VII – the Courts and Judges of the States and
of the Federal District and Territories. Paragraph 1. The Supreme Federal Court, the Council
National Justice and the Superior Courts are headquartered in the Federal Capital. (Included by
Constitutional Amendment No. 45 of 2004) Paragraph 2. The Federal Supreme Court and the Courts
Superiors have jurisdiction throughout the territory national. (Included by the Constitutional Amendment
No. 45 of 2004) Art. 93. Complementary Law, initiative of the
Supreme Court, shall provide for the Statute of the Judiciary, subject to the following
Principles: I – career entry, whose initial position
will be the substitute judge, by means of evidence and titles, with the participation of
of the Brazilian Bar Association in all the stages, requiring the bachelor of law,
at least three years of legal activity and obeying, in appointments, the order
of classification; (Wording given by Amendment 45 of 2004) II – promotion of entrance to entrance,
alternately, by seniority and worthiness, following standards are met: a) the promotion of the judge who is
figure for three consecutive times or five alternating in merit list; b) promotion by merit presupposes
two years of exercise in the respective and integrate the judge the first fifth part
of its seniority list, unless otherwise there are such requirements who accept the post
vague; c) measurement of merit according to performance
and by objective productivity criteria and promptness in the exercise of jurisdiction and
for attendance and achievement in courses official or recognized improvements;
(Wording given by the Constitutional Amendment No. 45 of 2004) d) in the determination of seniority, the court
can only refuse the oldest judge by the reasoned vote of two thirds of
members, in accordance with their own procedures, and wide defense was ensured, repeating the
vote until the nomination is fixed; (Essay Constitutional Amendment No. 45 of
2004) e) shall not be promoted the judge who unjustifiably
retain records in its possession beyond the deadline not being able to return them to the registry
without due order or decision; (Included Constitutional Amendment No. 45 of 2004) III Access to High Court
will be done by seniority and worthiness, alternately ascertained in the last or only
entrance; (Wording given by the Constitutional Amendment No. 45 of 2004) IV provision for official preparation courses,
improvement and promotion of magistrates, mandatory step in the process
of vitality the ongoing participation official or recognized by national school
training and improvement of magistrates; (Wording given by the Constitutional Amendment
No. 45 of 2004) V – the allowance of the Ministers of the Courts
Superiors will correspond to ninety-five percent of the monthly allowance fixed for
the Ministers of the Federal Supreme Court and the allowances of the other magistrates shall be
fixed by law and staggered at the federal level and state, according to the respective categories
national judicial structure and may not the difference between one and the other being higher
to ten percent or less than five percent, not exceed ninety-five percent of
monthly allowance of the Ministers of the Courts Superiors, in any case obeyed the
provided for in arts. 37, XI, and 39, § 4; (Essay Constitutional Amendment No. 19 of
1998) VI – the retirement of the magistrates and the pension
dependents shall comply with the provisions in art. 40; (Wording given by the Constitutional Amendment
No. 20, 1998) VII the head judge shall reside in his
county, unless authorized by the court; (Wording given by the Constitutional Amendment
No. 45 of 2004) VIII the act of removal, availability and
retirement of the magistrate by interest shall be based on a decision by public vote.
of the absolute majority of the respective court or the National Council of Justice, assured
broad defense; (Wording given by Amendment 45 of 2004) VIII-A the removal on request or the exchange of
District Magistrates of the same Entrance where applicable, comply with the provisions of
subparagraphs a, b, c and c of item II; (Included Constitutional Amendment No. 45 of 2004) IX all judgments of the organs of power
Judiciary shall be public and based on all decisions, under penalty of nullity,
the law may limit the presence in certain acts, the parties themselves and their lawyers,
or only to them, in cases in which the preservation the right to privacy of the person concerned
confidentiality does not harm the public interest the information; (Wording given by Amendment
45 of 2004) X the administrative decisions of the courts
will be motivated and in public session, being the disciplinary measures taken by the majority vote
absolute of its members; (Wording given Constitutional Amendment No. 45 of 2004) XI in courts of more than twenty
and five judges, may be constituted special body with a minimum of eleven and
maximum of twenty-five members for the exercise of administrative duties
delegated jurisdictional jurisdiction of the full court, providing half of the
vacancies by seniority and the other half by election by the full court; (Essay
Constitutional Amendment No. 45 of 2004) XII the jurisdictional activity shall be uninterrupted,
being prohibited collective vacation in the judgments and high school courts, functioning,
on days when there is no forensics normal, judges on permanent duty; (Included
Constitutional Amendment No. 45 of 2004) XIII the number of judges in the judicial unit
will be proportional to the effective judicial demand and the respective population; (Included by
Constitutional Amendment No. 45 of 2004) XIV servers will be delegated to
the practice of administrative acts and acts of mere expedient without decision character;
(Included by Constitutional Amendment No. 45, 2004) XV the distribution of processes will be immediate,
in all degrees of jurisdiction. (Included Constitutional Amendment No. 45 of 2004) Art. 94. One fifth of the seats of the Courts
Regional Courts, State Courts, and the Federal District and Territories will be
composed of members of the Public Prosecution Service, with more than ten years of career, and lawyers
notorious legal knowledge and reputation with over ten years of effective activity
professional, indicated in a sixfold list representative bodies of their respective
classes. Single paragraph. Received the nominations,
the court will form a triple list, sending it Executive Branch, which, for the next twenty days,
will choose one of its members for appointment. Article 95. Judges enjoy the following guarantees: I – vitality, which, in the first degree,
will only be acquired after two years of exercise, depending on the loss of office during that period,
deliberation of the court to which the judge is bound, and in all other cases,
court decision rendered final; II – immovable, except on grounds of
public interest, in the form of art. 93, VIII; III – Irreducibility of allowance, except
the provisions of arts. 37, X and XI, 39, § 4, 150, II, 153, III, and 153, § 2, I. (Wording
Constitutional Amendment No. 19 of 1998) Single paragraph. Judges are prohibited: I – exercise, even if available,
another position or function, except one of teaching; II – receive, under any title or pretext,
costs or participation in proceedings; III – to engage in political party activity. IV receive, under any title or pretext,
aid or contributions from individuals, public or private entities, except for
the exceptions provided for by law; (Included Constitutional Amendment No. 45 of 2004) V practice law in court or court
from which he departed before three years of retirement from retirement
or dismissal. (Included by the Constitutional Amendment No. 45 of 2004) Article 96. It is privately incumbent upon: I – to the courts: a) elect their governing bodies and prepare
its bylaws, with due regard for of procedural rules and procedural safeguards
of the Parties, providing for the jurisdiction and the functioning of the respective organs
jurisdictional and administrative matters; b) organize their secretariats and services
auxiliaries and the judgments given to them bound, ensuring the exercise of the activity
respective correctional c) provide, as provided for in this Constitution,
the positions of career judge of the respective jurisdiction; d) propose the creation of new courts; (e) provide, by open competition for evidence,
or evidence and titles, subject to the provisions of in art. 169, sole paragraph, the posts
necessary for the administration of justice, except those of trust thus defined in
law; f) grant leave, leave and other leave
to its members and the judges and servants immediately bound to them; II – the Federal Supreme Court, the Courts
Superiors and the Courts of Justice to propose to the respective Legislative
the provisions of art. 169: a) the change in the number of members of
lower courts; b) the creation and termination of positions and
the remuneration of their ancillary services and the judgments that are bound to them, as well as
such as setting the allowance of its members and judges, including lower courts,
where there is; (Wording given by the Constitutional Amendment 41, 12.19.2003) c) the creation or extinction of the courts
lower; d) change of organization and division
judiciary; III – the Courts of Justice shall judge the
state and Federal District judges and Territories as well as members of the Ministry
Public, common crimes and liability, subject to the jurisdiction of the Electoral Justice. Art. 97. Only by the vote of the absolute majority
members or members of the respective special body may the courts declare
the unconstitutionality of law or normative act of the Government. Art. 98. The Union, in the Federal District and in
Territories, and States will create: I – special courts, provided by judges
togados, or togados and lay, competent for conciliation, trial and execution
of less complex civil causes and criminal offenses of less potential offensive,
by the oral and summary procedures, permitted, in the cases provided by law,
the transaction and judgment of appeals by first-class judge classes; II – justice of peace, remunerated, composed
of citizens elected by direct, universal vote and secret, with a four-year term and competence
to, under the law, celebrate weddings, verify, by letter or in the face of challenge
presented, the process of enabling and exercise conciliatory powers without
jurisdictional character, in addition to other in the legislation. Paragraph 1. Federal law shall provide for the creation
Special Courts Federal. (Renumbered by Constitutional Amendment
No. 45 of 2004) Paragraph 2. The costs and fees shall be
exclusively to the cost of the services affected specific activities of justice. (Included
Constitutional Amendment No. 45 of 2004) Art. 99. The Judiciary is assured
administrative and financial autonomy. Paragraph 1. The courts shall prepare their proposals.
within the stipulated limits together with the other Powers in law
of budget guidelines. § 2 The proposal forwarding, after hearing
other courts concerned: I – within the Union, to the Presidents
of the Federal Supreme Court and the Courts Superiors, with the approval of the respective
courts; II – within the States and the District
And Territories, to the Presidents of the Courts of Justice, with the approval of the
respective courts. Paragraph 3. If the organs referred to in paragraph 2
do not forward their proposals budgets within the established deadline
in the budget guidelines law, the Executive Officer will consider, for purposes of
of the annual budget proposal, the amounts approved by the current budget law, adjusted
according to the limits stipulated in the form of § 1 of this article. (Included by the Amendment
45 of 2004) Paragraph 4. If the budget proposals of
that deals with this article are forwarded in disagreement with the limits stipulated in the
Paragraph 1, the Executive Branch shall proceed with adjustments required for consolidation purposes
of the annual budget proposal. (Included Constitutional Amendment No. 45 of 2004) Paragraph 5. During budget execution
exercise, there can be no realization expenses or the assumption of obligations
that exceed the limits laid down in Budgetary Guidelines Act, except
previously authorized by opening supplementary or special credits. (Included
Constitutional Amendment No. 45 of 2004) Art. 100. The payments due by the Farms
Federal, State, District and Public Municipalities, by virtue of a court decision,
will be done exclusively in chronological order presentation of the court orders and the
the respective claims, the designation of cases or persons in budget appropriations
and in the additional credits opened for this end. (Wording given by the Constitutional Amendment
No. 62 of 2009). (See Constitutional Amendment No. 62 of 2009) Paragraph 1. The debts of alimentary nature
include those arising from wages, salaries, earnings, pensions and their complements,
social security benefits and indemnities death or disability, based on liability
civil court by virtue of a court decision judged, and will be paid with preference
on all other debts except on referred to in paragraph 2 of this article.
(Wording given by the Constitutional Amendment No. 62 of 2009). Paragraph 2. The debts of alimentary nature
whose holders, originating or in succession hereditary, have 60 (sixty) years of
age, or are severely ill, or persons with disabilities as defined
according to law, will be paid with preference over all other debts up to the amount
equivalent to the triple fixed by law for purposes of the provisions of paragraph 3 of this article,
fractionation for this purpose, being that the rest will be paid in chronological order
presentation of the precatory. (Essay Constitutional Amendment No. 94 of
2016) Paragraph 3. The provisions of the caput of this article regarding
to dispatch of precatories does not apply payments of bonds defined in
laws as of little value that the Farms must do by virtue of judgment
final judgment. (Essay Constitutional Amendment No. 62 of
2009). Paragraph 4 For the purposes of paragraph 3,
may be fixed, by their own laws, different values ​​to the entities of law
according to different capacities economic values, with the minimum equal to
greater benefit of the general pension scheme Social. (Wording given by the Constitutional Amendment
No. 62 of 2009). Paragraph 5. The inclusion in the budget of the
entities governed by public law necessary to pay your debts,
from judgments that have become final, recorded in court filings presented
until July 1st, making the payment until the end of the following year when
will have their values ​​updated monetarily. (Wording given by the Constitutional Amendment
No. 62 of 2009). Paragraph 6 Budgetary appropriations and
open credits will be assigned directly to the Judiciary, and the President
of the Court of First Instance determine full payment and authorize,
at the request of the creditor and exclusively for cases of depreciation of your right
precedence or non-budget allocation of the value needed to satisfy your
debit, the sequestration of the respective amount. (Wording given by the Constitutional Amendment
No. 62 of 2009). § 7 The President of the competent Court
that by commissive or omissive act delay or try to thwart regular settlement
of court orders will incur a liability crime and shall also report to the Council
National Justice. (Included by the Amendment 62 of 2009). Paragraph 8. The dispatch of precatory is prohibited.
supplementary or supplementary payments, as well as fractionation, apportionment or
breach of the execution value for purposes of part of the total available to
§ 3 of this article. (Included by the Amendment 62 of 2009). § 9º At the time of issuance of the precatories,
regardless of regulation, of them should be slaughtered as compensation,
amount corresponding to net debits and certain, whether or not in active debt
against the original creditor by the Debtor Public Finance, including installments
installment payments, except for those whose execution is suspended as a result of
administrative or judicial challenge. (Included by Constitutional Amendment No.
62 of 2009). § 10. Before the issuance of precatories,
the Court will ask the Public Treasury debtor, for response within 30 (thirty)
days, under penalty of loss of the right of rebate, information about the debts that fill
the conditions set out in § 9 for the purposes provided for therein. (Included by the Amendment
62 of 2009). § 11. The creditor is allowed, as established in
the debtor federative entity, the delivery of credits in precatory for
purchase of public real estate from the respective federated entity. (Included by the Constitutional Amendment
No. 62 of 2009). § 12. From the promulgation of this Amendment
Constitutional, the updating of values of requisition after dispatch,
until the actual payment, regardless of its nature will be made by the index
passbook basic pay officer savings, and for compensation purposes
default interest shall be charged to the same percentage of interest on the booklet
savings, excluding the incidence of of compensatory interest. (Included by
Constitutional Amendment No. 62 of 2009). § 13. The creditor may assign, in whole or in part,
their precatory credits to third parties, regardless of the debtor’s agreement,
the assignee does not apply the provisions in paragraphs 2 and 3. (Included by the Amendment
62 of 2009). §14. The assignment of precatories will only produce
effects after communication by petition the court of origin and the
debtor entity. (Included by the Amendment 62 of 2009). § 15. Without prejudice to the provisions of this article,
complementary law to this Federal Constitution may establish special arrangements for payment
Credit Cards State, District Federal and Municipalities, providing for binding
to net current revenue and form and term of settlement. (Included by the Constitutional Amendment
No. 62 of 2009). § 16. At its sole discretion and in the form
the Union may assume debts, from precatories, from States, District
Federal and Municipalities, refinancing them directly. (Included by Constitutional Amendment No.
62 of 2009) § 17. The Union, the States, the Federal District
and the Municipalities will measure monthly, in annual basis, the commitment of their respective
net current revenues from payment precatory and small obligations
value. (Included by the Constitutional Amendment No. 94 of 2016) § 18. It is understood as net current revenue,
for the purposes referred to in § 17, the sum tax, equity, industrial,
agriculture, contributions and services, current transfers and other revenues
including those from § 1 of art. 20 of the Federal Constitution, verified
within the second month immediately prior to the reference and
the previous eleven (11) months, excluding duplicates, and deducted: (Included by
Constitutional Amendment No. 94 of 2016) I – in the Union, the parcels delivered to the States,
Federal District and the Municipalities by constitutional determination; (Included
Constitutional Amendment No. 94 of 2016) II – in the States, the parcels delivered to the
Municipalities by constitutional determination; (Included by Constitutional Amendment No.
94 of 2016) III – in the Union, in the States, in the District
Federal and Municipalities, the contribution of servers to fund your system
social security and social assistance revenue from financial compensation
referred to in § 9 of art. 201 of the Constitution Federal. (Included by the Constitutional Amendment
No. 94 of 2016) § 19. If the total amount of debts arising from
of convictions in precatory and small value bonds, in period
12 (twelve) months, exceeds the average of percentage commitment of current revenue
5 (five) years immediately the portion that exceeds this percentage
may be financed, except within the limits of indebtedness dealt with in items
VI and VII of art. 52 of the Federal Constitution and any other indebtedness limits
not applicable to such financing. the expected revenue binding fence
in item IV of art. 167 of the Constitution Federal. (Included by the Constitutional Amendment
No. 94 of 2016) § 20. If there is a precatory with a higher value
15% (fifteen per cent) of the amount of the pursuant to paragraph 5 of this article,
15% (fifteen percent) of the value of this precatory will be paid by the end of the following year
and the remainder in equal installments in the five subsequent years, plus interest
arrears and monetary restatement, or by direct agreements before Auxiliary Judges
of Precatory Conciliation, with reduction maximum of 40% (forty per cent) of the
of the updated credit, provided that credit does not pending appeal or judicial defense
and that the requirements defined in the regulations issued by the federated entity.
(Included by Constitutional Amendment No. 94 of 2016) Section II OF THE SUPREME FEDERAL COURT Article 101. The Supreme Federal Court is composed of
of eleven Ministers, chosen from among citizens over thirty five and under sixty
and five years old, of remarkable legal knowledge and unblemished reputation. Single paragraph. The Ministers of the Supreme
Federal Court shall be appointed by the President of the Republic, after the choice of
by the absolute majority of the Federal Senate. Article 102. It is incumbent upon the Supreme Federal Court,
precipitously the guard of the Constitution, fitting it: I – sue and judge originally: a) the direct action of unconstitutionality
federal or state law or regulatory act and the declaratory action of constitutionality
federal law or regulatory act; (Essay by Constitutional Amendment No. 3 of
1993) (b) in ordinary criminal offenses, the President
of the Republic, the Vice-President, the members of the National Congress, their own Ministers
and the Attorney General of the Republic; c) common criminal offenses and crimes
of responsibility, the Ministers of State and the Army Navy Commanders
and Aeronautics, except as provided in art. 52, I, the members of the Superior Courts,
of the Court of Auditors of the Union and the heads of of a permanent diplomatic mission;
(Wording given by the Constitutional Amendment No. 23 of 1999) d) habeas corpus, being patient any
of the persons referred to in the previous subparagraphs; the writ of mandamus and habeas data against
acts of the President of the Republic, of the of the House of Representatives and the Federal Senate,
the Court of Auditors of the Union, the Prosecutor General of the Republic and the Supreme Court itself
Federal; e) the dispute between a foreign State or
international body and the Union, the State, the Federal District or the Territory; f) the causes and conflicts between the Union
and the states, the Union and the Federal District, or between each other, including their
indirect management entities; g) extradition requested by a foreign State; h) (Repealed by Constitutional Amendment no.
45, 2004) (i) habeas corpus, where the coater is a court
Superior or when the coactor or the patient is an authority or official whose acts
are subject directly to the jurisdiction Federal Supreme Court, or in the case of
subject to the same jurisdiction in a single instance; (Wording given by Amendment
22 of 1999) j) criminal review and termination action
of their judged; l) the claim for the preservation of
its competence and guarantee of the authority of their decisions; m) the execution of judgment in the causes of
its original competence, made available to delegation of duties to practice
of procedural acts; n) the action in which all members of the judiciary
are directly or indirectly interested, and one in which more than half of the members
of the court of origin are prevented or are directly or indirectly interested; o) conflicts of competence between the Superior
Court of Justice and any courts, between Superior Courts, or between these
and any other court; p) the request for injunctive relief
rights of unconstitutionality; q) the injunction, when the preparation
regulatory standard is the attribution President of the Republic, Congress
National, House of Representatives, Senate Federal, from the Tables of one of these Legislative Houses,
of the Court of Auditors of one of the Superior Courts, or the Supreme Himself
Federal court; r) actions against the National Council of
Justice and against the National Council of the Ministry Public; (Included by the Constitutional Amendment
No. 45 of 2004) II – judge by ordinary appeal: (a) habeas corpus, the writ of mandamus,
habeas data and the injunction decided only by the Superior Courts,
if the decision is denied; b) the political crime; III – judge, by extraordinary appeal,
cases decided on a sole or last resort, when the contested decision: a) contradict provision of this Constitution; b) declare the unconstitutionality of a treaty
or federal law; c) deem valid law or act of local government
contested in the face of this Constitution. d) judge valid local law contested in
federal law face. (Included by the Amendment 45 of 2004) Paragraph 1. The allegation of non-compliance with
fundamental precept arising from this Constitution, will be assessed by the Federal Supreme Court,
in the form of the law. (Transformed from paragraph only in § 1 by the Constitutional Amendment
No 3 of 3/17/93) Paragraph 2. Final decisions on the merits,
by the Federal Supreme Court, in direct actions of unconstitutionality
and in declaratory actions of constitutionality will produce effectiveness against all and effect
with respect to other bodies of the Judiciary and the administration
direct and indirect public service at the federal, state and municipal. (Wording given by
Constitutional Amendment No. 45 of 2004) Paragraph 3. In the extraordinary appeal the appellant
demonstrate the general repercussions of constitutional issues discussed in the case,
under the law in order that the Court examine the admission of the appeal and may only
reject it for the manifestation of two thirds of its members. (Included by the Constitutional Amendment
No. 45 of 2004) Art. 103. They may propose the direct action of
unconstitutionality and declaratory action Constitutionality: (Wording given by the
Constitutional Amendment No. 45 of 2004) I – the President of the Republic; II – the Federal Senate Board; III – the Chamber of the Chamber of Deputies; IV the Bureau of the Legislative Assembly or
Federal District Legislative Chamber; (Essay Constitutional Amendment No. 45 of
2004) V the Governor of State or Federal District;
(Wording given by the Constitutional Amendment No. 45 of 2004) VI – the Attorney General of the Republic; VII – The Federal Council of the Bar Association
of Brazil; VIII – political party with representation
at the National Congress; IX – trade union confederation or entity of
nationwide class. Paragraph 1. The Attorney General of the Republic shall
be previously heard in unconstitutionality actions and in all processes of competence of the
Federal Court of Justice. Paragraph 2. Declared unconstitutionality by
omission of measure to make the standard effective constitutionally, the Power will be made aware
competent for the adoption of the measures necessary and, in the case of an organ
to do so in thirty days. Paragraph 3 When the Federal Supreme Court considers
the unconstitutionality, in theory, of legal act or normative act, will cite previously
the Advocate General of the Union, who will defend the contested act or text. Paragraph 4 (Repealed by the Constitutional Amendment
No. 45 of 2004) Art. 103-A. The Federal Supreme Court may,
of office or provocation by decision two-thirds of its members, after repeated
decisions on constitutional matters, approve summary that from its publication
in the official press will have binding effect in relation to the other organs of the
Judiciary and public administration direct and indirect, at the federal, state
as well as to review them or cancellation as set out in
law. (Included by the Constitutional Amendment No. 45 of 2004) Paragraph 1. The purpose of the summary shall be the validity,
the interpretation and effectiveness of standards which there is controversy about
between judicial bodies or between these and the public administration that entails
serious legal uncertainty and relevant multiplication cases on the same issue. (Included
Constitutional Amendment No. 45 of 2004) Paragraph 2 Without prejudice to what may be established
by law, the approval, review or cancellation may be caused by those
that can propose the direct action of unconstitutionality. (Included by Constitutional Amendment No.
45, 2004) Paragraph 3 – Administrative act or judicial decision
contrary to the applicable precedent or improperly applied, there will be a complaint
to the Federal Supreme Court that, judging it it shall annul the administrative act
or terminate the court decision sought, and determine that another be given with
or without the application of the scoresheet, as the case. (Included by the Constitutional Amendment
No. 45 of 2004) Article 103b. The National Council of Justice
It is composed of 15 (fifteen) members with of two (2) years, admitted one (1) renewal,
Of which: (Wording given by the Constitutional Amendment No. 61 of 2009) I – the President of the Supreme Federal Court;
(Wording given by the Constitutional Amendment No. 61 of 2009) II a Minister of the High Court of Justice,
appointed by the court concerned; (Included Constitutional Amendment No. 45 of 2004) III a Minister of the High Labor Court,
appointed by the court concerned; (Included Constitutional Amendment No. 45 of 2004) IV a judge of the Court of Justice,
appointed by the Federal Supreme Court; (Included Constitutional Amendment No. 45 of 2004) V a state judge, appointed by the Supreme
Federal court; (Included by the Constitutional Amendment No. 45 of 2004) VI a judge of the Federal Regional Court, appointed
by the Superior Court of Justice; (Included Constitutional Amendment No. 45 of 2004) VII a federal judge, appointed by the Superior
Court of justice; (Included by the Amendment 45 of 2004) VIII a judge of the Regional Labor Court,
appointed by the Superior Labor Court; (Included by Constitutional Amendment No.
45, 2004) IX A Labor Judge, appointed by the Court
Superior of the Work; (Included by the Amendment 45 of 2004) X a member of the Union Public Prosecution Service,
appointed by the Attorney General of the Republic; (Included by Constitutional Amendment No.
45, 2004) XI a member of the state prosecutor,
chosen by the Attorney General of the Republic among the names indicated by the competent body
of each state institution; (Included Constitutional Amendment No. 45 of 2004) XII two lawyers, appointed by the Council
Federal of the Brazilian Bar Association; (Included by Constitutional Amendment No.
45, 2004) XIII two citizens of remarkable legal knowledge
and unblemished reputation, nominated one by the House Deputies and another by the Federal Senate.
(Included by Constitutional Amendment No. 45, 2004) Paragraph 1. The Council shall be chaired by the President.
Supreme Court and, in his absence and impediments, by the Vice-President of the Supreme
Federal court. (Wording given by Amendment 61 of 2009) Paragraph 2. The other members of the Council shall be
appointed by the President of the Republic, after approved the choice by the absolute majority
from the Federal Senate. (Wording given by Amendment 61 of 2009) Paragraph 3 – Within the legal term, the
indications provided for in this Article shall be the choice to the Federal Supreme Court. (Included
Constitutional Amendment No. 45 of 2004) Paragraph 4 The Council shall be responsible for controlling
administrative and financial system of the judiciary and compliance with the functional duties of
judges, and it is responsible, among other duties, for conferred upon it by the Staff Regulations of
Magistracy: (Included by the Constitutional Amendment No. 45 of 2004) I – ensure the autonomy of the judiciary
and compliance with the Statute of the Judiciary, may issue regulatory acts within the scope of
of its competence, or recommend measures; (Included by Constitutional Amendment No.
45, 2004) II – ensure compliance with art. 37 and
appreciate, by trade or by provocation, the legality of the administrative acts practiced
by members or organs of the judiciary, may deconstruct, revise or fix them
deadline for the measures to be taken necessary for exact compliance with the law,
without prejudice to the jurisdiction of the Court Union accounts; (Included by the Amendment
45 of 2004) III receive and hear of complaints against
members or organs of the judiciary, including against their ancillary services,
services and service providers notary and registration offices acting by delegation
public or official, without prejudice to disciplinary and correctional competence
courts and may bring disciplinary proceedings ongoing and determine the removal, availability
or retirement with allowances or earnings commensurate with length of service and apply
other administrative sanctions ensured by broad defense; (Included by the Constitutional Amendment
No. 45 of 2004) IV represent the Public Prosecution Service
crime case against public administration or abuse of authority; (Included by
Constitutional Amendment No. 45 of 2004) V review, by office or by provocation,
the disciplinary proceedings of judges and members of courts tried less than a year ago;
(Included by Constitutional Amendment No. 45, 2004) VI prepare half-yearly statistical report
on lengthy proceedings and sentences, for Federation unit, in the different organs
of the judiciary; (Included by the Amendment 45 of 2004) VII prepare an annual report proposing the
any measures it deems necessary, concerning the situation of the judiciary in the country
and the activities of the Council, which should integrate message from the President of the Supreme Court
To be sent to the National Congress, at the opening of the legislative session.
(Included by Constitutional Amendment No. 45, 2004) Paragraph 5. The Minister of the Superior Court of
Justice will act as Minister-Corregedor and will be excluded from process distribution
before the Court. conferred upon it by the Staff Regulations of
As follows: (Included by the Constitutional Amendment No. 45 of 2004) I receive complaints and complaints from
any interested party concerning magistrates and judicial services; (Included by
Constitutional Amendment No. 45 of 2004) II perform executive duties of the Council,
inspection and general correction; (Included Constitutional Amendment No. 45 of 2004) III request and appoint magistrates, delegating to them
assignments, and ordering servers from judgments or courts, including in States,
Federal District and Territories. (Included Constitutional Amendment No. 45 of 2004) Paragraph 6. The Attorney General shall officiate with the Council.
of the Republic and the President of the Federal Council of the Brazilian Bar Association. (Included
Constitutional Amendment No. 45 of 2004) Paragraph 7. The Union, including in the Federal District
and in the Territories, will create ombudsmen competent to receive complaints
and complaints from any interested party against members or organs of the judiciary,
or against their ancillary services, representing directly to the National Council of Justice.
(Included by Constitutional Amendment No. 45, 2004) Section III OF THE SUPERIOR COURT OF JUSTICE Art. 104. The Superior Court of Justice
consists of at least thirty-three Ministers Single paragraph. The Ministers of Superior
Court of Justice shall be appointed by the President of the Republic, among Brazilians
over thirty five and under sixty and five years of remarkable legal knowledge
and unblemished reputation, once approved the choice by the absolute majority of the Senate
(Wording given by the Amendment 45 of 2004) I – one third out of court judges
Regional Courts and one third of judges of the Courts of Justice indicated in the list
by the Court itself; II – one third, in equal parts, among lawyers
and members of the Federal Public Prosecution Service, State, Federal District and Territories,
alternately, indicated in the form of art. 94. Art. 105. It is incumbent upon the Superior Court of
Justice: I – sue and judge originally: a) in ordinary crimes, the Governors of the
States and the Federal District, and in these and responsibility, the judges
of the Courts of Justice of the States and Federal District, the members of the Courts
States and Federal District, those of the Federal Regional Courts, the Courts of
Regional Electoral and Labor of the Councils or Courts of Accounts of the Municipalities
and those of the Public Prosecution Service of the officiate before courts; (b) writ of mandamus and habeas data
against act of Minister of State, of Commanders Navy, Army and Air Force
or the Court itself; (Wording given by Constitutional Amendment 23 of 1999) c) habeas corpus, when the coactor or patient
is any of the persons mentioned in “a”, or when the coater is a court
to its jurisdiction, Minister of State or Commander of the Navy, Army or
Aeronautics, subject to the competence of the Electoral justice; (Wording given by Amendment
23 of 1999) d) conflicts of competence between any
subject to the provisions of art. 102, I, “the” as well as between court and judges
unrelated to him and between bound judges to various courts; e) criminal reviews and termination actions
of their judged; f) the claim for the preservation of
its competence and guarantee of the authority of their decisions; g) conflicts of attributions between authorities
Union’s administrative and judicial or between judicial authorities of a State
administrative and administrative activities of another Federal Government, or between the Federal Government and the Federal Government; h) the injunction, when the preparation
regulatory standard is the attribution federal agency, entity or authority,
direct or indirect administration, except for jurisdiction cases of the Supreme Court
Federal Government and the Military Justice Electoral Justice, Labor Justice
and the Federal Justice; i) the approval of foreign judgments
and the granting of exequatur to letters rogatory; (Included by Constitutional Amendment No.
45, 2004) II – judge by ordinary appeal: (a) habeas corpus decided on sole or
last instance by the Regional Courts States or the courts of the States, the
Federal District and Territories, when decision is denial; (b) injunctions issued in accordance with
only instance by the Regional Courts States or the courts of the States, the
Federal District and Territories, when denied the decision; c) the causes to which they are parties Foreign State
or international body, on the one hand, and on the other, Municipality or resident or
domiciled in the country; III – judge, by special appeal, the causes
decided, in the sole or last instance, by the Federal Regional Courts or by the
State Courts, Federal District and Territories, when the contested decision: a) contravene or deny federal treaty or law
validity; b) judge valid act of contested local government
under federal law; (Wording given by Constitutional Amendment No. 45 of 2004) c) give federal law divergent interpretation
has been awarded another court. Single paragraph. They will work with the Superior
Court of Justice: Constitutional Amendment No. 45 of 2004) I – the National School of Training and Improvement
Magistrates, and among other things, functions, regulate official courses
for entry and career promotion; (Included by Constitutional Amendment No.
45, 2004) II – the Federal Justice Council, being responsible for
exercise, as provided by law, administrative supervision and budget of the Federal Court of first
and second degree, as central organ of the system and with correctional powers, whose decisions
shall be binding. (Included by Constitutional Amendment No. 45 of 2004) Section IV OF FEDERAL REGIONAL COURTS AND JUDGES
FEDERAL Article 106. The following are organs of Federal Justice: I – the Federal Regional Courts; II – The Federal Judges. Art. 107. The Federal Regional Courts
consist of at least seven judges, where possible recruited from their
region and appointed by the President of the Republic among Brazilians over thirty and under
sixty-five years old, of which: I – one fifth of lawyers with more than
ten years of effective professional activity and members of the Federal Public Prosecution Service
with more than ten years of career; II – the others, by promotion of judges
federal employees with more than five years of by seniority and merit, alternately. Paragraph 1. The law shall discipline the removal or
the exchange of judges of the Regional Courts States and determine their jurisdiction and
thirst. (Renumbered from single paragraph by Constitutional Amendment No. 45 of 2004) Paragraph 2. The Federal Regional Courts shall install
itinerant justice, with the realization hearings and other functions of the activity
within the territorial limits of the respective jurisdiction, making use of equipment
public and community (Included by Constitutional Amendment No. 45 of 2004) Paragraph 3. The Federal Regional Courts may
function decentralized, constituting Regional Chambers in order to ensure the full
jurisdiction’s access to justice in all the stages of the process. (Included by the Amendment
45 of 2004) Art. 108. It is for the Regional Courts
Feds: I – sue and judge originally: a) Federal judges in the area of ​​their jurisdiction,
including those of Military Justice and Justice Labor, common crimes and liability,
and the members of the Union Public Prosecution Service, subject to the jurisdiction of the Electoral Justice; b) criminal reviews and termination actions
judges of you or the federal judges of the region; c) the writ of mandamus and habeas data
against act of the court itself or of a judge federal; d) habeas corpus, when the co-authorizing authority
is a federal judge; e) conflicts of jurisdiction between judges
federal authorities linked to the Court; II – judge, on appeal, the causes
decided by federal judges and judges in the exercise of federal competence
area of ​​your jurisdiction. Art. 109. It is the responsibility of federal judges to prosecute
and judge: I – the causes in which the Union, an autarchic entity
or federal public company are interested as plaintiffs, defendants, assistants
or opponents other than those of bankruptcy, those of accidents at work and those subject to justice
Electoral and Labor Justice; II – the causes between foreign State or
international body and Municipality or person domiciled or resident in the country; III – the causes based on treaty or contract
Union with a foreign State or body International; IV – political crimes and offenses
criminal offenses to the detriment of goods, services or interest of the Union or its entities
municipalities or public enterprises, excluded misdemeanors and subject to jurisdiction
Military Justice and Electoral Justice; V – crimes provided for in a treaty or convention
when, when implementation in the country, the result has or should have
occurred abroad or vice versa; VA Human Rights Causes
referred to in paragraph 5 of this article; (Included Constitutional Amendment No. 45 of 2004) VI – Crimes against work organization
and, in cases determined by law, against the financial system and the economic and financial order; VII – habeas corpus in criminal matters
of their competence or when the embarrassment comes from an authority whose acts are not
directly subject to another jurisdiction; VIII – injunctions and habeas
date against act of federal authority, except jurisdictional cases of federal courts; IX – crimes committed on board ships
or aircraft, subject to the competence of the Military justice; X – crimes of entry or stay
foreign national, the execution of letter rogatory after the exequatur and
foreign judgment, after approval, causes relating to nationality, including
the respective option, and naturalization; XI – the dispute over indigenous rights. Paragraph 1. The causes in which the Union is the author
will be bailed out in the judicial section where domiciled in the other party. Paragraph 2 – Cases brought against the Union
may be bailed out in the judicial section where the perpetrator is domiciled, where
occurred the act or fact that gave rise to on demand or where the thing is located,
or even in the Federal District. Paragraph 3. They shall be prosecuted and tried in court.
of the insured’s domicile beneficiaries, the causes in which they are
part social security institution and insured, whenever the region is not
seat of the federal court, and if found this condition, the law may allow
other causes are also prosecuted and judged by state courts. Paragraph 4. In the hypothesis of the previous paragraph,
the appeal will always be to the Court Federal Regional in the area of ​​jurisdiction
of the first judge. Paragraph 5 In the event of serious violation
Human Rights, the Attorney General of the Republic, with a view to ensuring that
the fulfillment of obligations arising from of international human rights treaties
of which Brazil is a party may raise, before the Superior Court of Justice in
any stage of the investigation or proceeding, incident of displacement of jurisdiction to justice
Federal. (Included by the Constitutional Amendment No. 45 of 2004) Art. 110. Each State, as well as the District
Federal, will constitute a judicial section which shall have its capital as its headquarters, and
sticks located according to the established in law. Single paragraph. In the Federal Territories,
the jurisdiction and attributions committed the federal judges will be up to the judges
of local justice in the form of the law. Section V
(Wording given by the Constitutional Amendment No. 92 of 2016)
The Superior Labor Court, the Courts Regionals Labor and Labor Judges Art. 111. The following are organs of Labor Justice: I – the Superior Labor Court; II – the Regional Labor Courts; III – Labor Judges. (Wording given
Constitutional Amendment No. 24 of 1999) Paragraphs 1 to 3 (Repealed by Constitutional Amendment
No. 45 of 2004) Art. 111-A. The Superior Labor Court
It will be composed of twenty-seven Ministers, chosen among Brazilians over thirty-five
less than sixty-five years of age remarkable legal knowledge and unblemished reputation,
appointed by the President of the Republic after approval by the absolute majority of the Senate
(Wording given by the Amendment No. 92 of 2016) I one-fifth among attorneys over ten
years of effective professional activity and members of the Public Prosecution Service
of ten years of effective exercise, observed the provisions of art. 94; (Included by the Amendment
45 of 2004) II the rest among judges of the Courts
Regional Labor, coming from the judiciary indicated by the Court itself
Higher. (Included by the Constitutional Amendment No. 45 of 2004) Paragraph 1. The law shall provide for jurisdiction
of the Superior Labor Court. (Included Constitutional Amendment No. 45 of 2004) Paragraph 2. They shall function with the Superior Court.
of Labor: (Included by the Constitutional Amendment No. 45 of 2004) I the National School of Training and Improvement
Labor Magistrates. other functions, regulate official courses
for entry and career promotion; (Included by Constitutional Amendment No.
45, 2004) II the Superior Council for Labor Justice,
to exercise, as provided by law, the supervision of administrative, budgetary, financial
Labor Court of First and second degree, as the central organ of the system,
whose decisions will have binding effect. (Included by Constitutional Amendment No.
45, 2004) Paragraph 3 The Superior Labor Court is responsible for
originally process and adjudicate the claim for the preservation of their competence and
assurance of the authority of their decisions. (Included by Constitutional Amendment No.
92, 2016) Article 112. The law shall create courts of justice.
may, in regions not covered by by its jurisdiction to attribute it to the judges
of law, with recourse to the respective Regional labor Court. (Essay
Constitutional Amendment No. 45 of 2004) Article 113. The law shall provide for the constitution,
endowment, jurisdiction, jurisdiction, guarantees and conditions governing the exercise of
Work justice. (Wording given by Constitutional Amendment No. 24 of 1999) Art. 114. It is up to the Labor Justice
sue and judge: (Wording given by the 45 of 2004) I the actions arising from the employment relationship,
entities covered by external public law and direct and indirect public administration
Union, States, Federal District and the Municipalities; (Included by the Amendment
45 of 2004) II the actions that involve the exercise of the right
strike; (Included by the Constitutional Amendment No. 45 of 2004) III actions on union representation,
between unions, between unions and workers, and between unions and employers; (Included
Constitutional Amendment No. 45 of 2004) IV injunctions, habeas corpus
and habeas data, when the act in question involves subject to its jurisdiction; (Included
Constitutional Amendment No. 45 of 2004) V conflicts of competence between organs
with labor jurisdiction, except for the provided for in art. 102, I, o; (Included by
Constitutional Amendment No. 45 of 2004) VI actions for damages for moral damage
or equity, arising from the relationship of job; (Included by the Constitutional Amendment
No. 45 of 2004) VII actions related to administrative penalties
imposed on employers by supervision of labor relations;
(Included by Constitutional Amendment No. 45, 2004) VIII the execution, by letter, of the contributions
provided for in art. 195, I, a, and II, and their legal additions arising from the
sentences you utter; (Included by the Amendment 45 of 2004) IX other controversies arising from the relationship
in the form of the law. (Included by Constitutional Amendment No. 45 of 2004) Paragraph 1 – Collective bargaining,
the parties may elect arbitrators. Paragraph 2. If either party refuses to
collective bargaining or arbitration, it is by mutual agreement, to
collective bargaining of an economic nature, the labor court may decide the conflict,
minimum legal provisions are respected protection as well as those agreed
previously. (Wording given by Amendment 45 of 2004) Paragraph 3. In case of strike in essential activity,
with the possibility of injury in the public interest, the Public Prosecutor’s Office may
to file a collective bargaining dispute, Labor courts decide the conflict. (Essay
Constitutional Amendment No. 45 of 2004) Art. 115. The Regional Labor Courts
consist of at least seven judges, where possible recruited from their
nominated by the President of the Republic among Brazilians over thirty and under
sixty-five years old, as follows: Constitutional Amendment No. 45 of
2004) I one-fifth among attorneys over ten
years of effective professional activity and members of the Public Prosecution Service
of ten years of effective exercise, observed the provisions of art. 94; (Wording given by
Constitutional Amendment No. 45 of 2004) II the others, by promotion of judges
of work for seniority and worthiness, alternately. (Wording given by Amendment
45 of 2004) § 1 The Regional Labor Courts
install itinerant justice, with the realization hearings and other business functions
within the territorial limits of the respective jurisdiction, making use of equipment
public and community (Included by Constitutional Amendment No. 45 of 2004) § 2 The Regional Labor Courts
can function decentralized, constituting Regional Chambers in order to ensure the full
jurisdiction’s access to justice in all the stages of the process. (Included by the Amendment
45 of 2004) Art. 116. In the Labor Courts, the jurisdiction
shall be exercised by a single judge. (Essay Constitutional Amendment No. 24 of
1999) Single paragraph. (Repealed by Constitutional Amendment
No. 24 of 1999) Art. 117. and Sole Paragraph. (Repealed
Constitutional Amendment No. 24 of 1999) Section VI OF COURTS AND ELECTION JUDGES Art. 118. Electoral Justice organs are: I – the Superior Electoral Court; II – the Regional Electoral Courts; III – the Electoral Judges; IV – the Electoral Boards. Art. 119. The Superior Electoral Court shall be composed
a minimum of seven members selected: I – by election, by secret ballot: a) three judges among the Ministers of the Supreme
Federal court; b) two judges among the Ministers of Superior
Court of justice; II – by appointment of the President of the Republic,
two judges out of six lawyers of remarkable legal knowledge and moral integrity, indicated by
by the Supreme Court. Single paragraph. The Superior Electoral Court
shall elect its President and the Vice President among the Ministers of the Supreme Federal Court,
and the Electoral Corregidor among the Ministers of the Superior Court of Justice. Art. 120. There will be a Regional Electoral Court
in the capital of each state and in the Federal District. Paragraph 1 – The Regional Electoral Courts
will consist of: I – by election, by secret ballot: a) two judges from among the judges
of the Court of Justice; (b) two judges, including judges of law,
chosen by the Court of Justice; II – of a judge of the Federal Regional Court
headquartered in the state capital or district Federal, or, if not, federal judge,
chosen by the Court in any event Respective Federal Regional Office; III – by appointment, by the President of the Republic,
of two judges out of six lawyers of remarkable legal knowledge and moral integrity, indicated by
by the Court of Justice. Paragraph 2 – The Regional Electoral Court shall elect
President and Vice-President – among the judges. Article 121. Complementary Law shall provide for
the organization and jurisdiction of the courts, judges and electoral boards. Paragraph 1. The members of the courts, the judges
of law and the members of the electoral boards, in the performance of their duties, and
applicable to them, shall enjoy full guarantees and will be immovable. § 2 The judges of the electoral courts,
unless justified, shall serve for two minimum years and never for more than two
consecutive bienniums, being the substitutes chosen at the same time and for the same
same number for each category. Paragraph 3. The decisions of the
Superior Electoral Court, except for those contradict this Constitution and the denials
habeas corpus or writ of mandamus. Paragraph 4. Decisions of the Regional Courts
Elections can only be appealed when: I – are given against express provision
this Constitution or law; II – there is a divergence in interpretation
between two or more electoral courts; III – deal with ineligibility or expedition
of diplomas in federal or state elections; IV – annul diplomas or decree the loss
federal or state elective terms; V – deny habeas corpus, writ of mandamus,
habeas data or injunction. Section VII OF COURTS AND MILITARY JUDGES Art. 122. The following are organs of the Military Justice: I – the Superior Military Court; II – The Military Courts and Judges established
by law. Art. 123. The Superior Military Court shall be composed
of fifteen lifetime Ministers appointed by the President of the Republic, after approval
nomination by the Federal Senate, three among naval generals, four
among army generals, three among Air Force generals,
all of the active and the highest rank of career, and five among civilians. Single paragraph. The civil ministers will be
chosen by the President of the Republic from among Brazilians over the age of thirty-five,
being: I – three of notorious lawyers know
unlawful conduct, with more than ten years of effective professional activity; II – two, by equal choice, among
audit judges and members of the Ministry Military Justice Public. Article 124. Military Justice is responsible for prosecuting
and prosecute the military crimes defined in law. Single paragraph. The law shall provide for
organization, functioning and competence of Military Justice. Section VIII OF COURTS AND JUDGES OF THE STATES Article 125. The States shall organize their Justice,
observed the principles established in this Constitution. Paragraph 1. The jurisdiction of the courts shall be
defined in the State Constitution. the initiative judicial organization law
of the Court of Justice. Paragraph 2. The States shall be responsible for instituting
representation of unconstitutionality of state or local laws or regulatory acts
in view of the State Constitution, prohibited the attribution of legitimation to act
to a single organ. Paragraph 3. The state law may create, by means of
proposal of the Court of Justice, the Court State Military, constituted in the first
judges and the Councils. and, secondly, by the Commission itself.
Court of Justice, or by the Court of Justice Military in States where military personnel
exceeds twenty thousand members. (Essay Constitutional Amendment No. 45 of
2004) Paragraph 4 The State Military Justice is responsible
prosecute and prosecute state military, military crimes defined by law and the
lawsuits against disciplinary acts military, subject to the jury’s competence
when the victim is a civilian, the court decide on the loss of the post
and the rank of officers and graduation of the squares. (Wording given by the Constitutional Amendment
No. 45 of 2004) § 5º It is for the judges of the law
military prosecute and judge singularly military crimes committed against civilians
and lawsuits against disciplinary acts military matters, and the Council of Justice
under the chairmanship of a court of law, to prosecute and judge the other military crimes. (Included
Constitutional Amendment No. 45 of 2004) Paragraph 6. The Court of Justice may function
decentralized, constituting Chambers ensure full access to
from jurisdiction to justice in all stages of the process. (Included by the Amendment
45 of 2004) Paragraph 7. The Court of Justice shall install
itinerant justice, with the realization of hearings and other functions of the activity
within the territorial limits of the respective jurisdiction, making use of equipment
public and community (Included by Constitutional Amendment No. 45 of 2004) Art. 126. To settle land conflicts,
the Court will propose the creation of specialized rods with competence
for land issues only. (Essay Constitutional Amendment No. 45 of
2004) Single paragraph. Whenever necessary
efficient judicial provision, the Judge shall be present at the place of the dispute. CHAPTER IV FROM ESSENTIAL FUNCTIONS TO JUSTICE (Wording given by the Constitutional Amendment
No. 80 of 2014) SECTION I OF THE PUBLIC MINISTRY Art. 127. The Public Prosecution Service is an institution
permanent, essential to the judicial function defending the order of the state.
of the democratic regime and the interests of unavailable social and individual § 1 Are the institutional principles of
Prosecutor the unity, indivisibility and functional independence. Paragraph 2. The Public Prosecution Service is assured
functional and administrative autonomy. Observing the provisions of art. 169, propose to the
Legislative power the creation and extinction of their positions and ancillary services, providing them
by open competition for evidence or evidence and securities, remuneration policy and
career plans; the law shall provide for its organization and operation. (Essay
Constitutional Amendment No. 19 of 1998) Paragraph 3. The Public Prosecution Service shall prepare its
budget proposal within the limits established in the budget guidelines law. Paragraph 4 If the Public Prosecution Service does not refer
respective budget proposal within of the deadline set in the guidelines law
budget, the Executive Branch will consider, for the purpose of consolidating the budget proposal
annual amounts approved in the budget law in force, adjusted according to the limits
stipulated in the form of § 3º. (Included Constitutional Amendment No. 45 of 2004) Paragraph 5. If the budget proposal of which
this article is forwarded in disagreement within the limits stipulated in § 3,
the Executive Branch will make the necessary adjustments for the purpose of consolidating the budget proposal
Yearly. (Included by the Constitutional Amendment No. 45 of 2004) Paragraph 6 During Budget Execution
exercise, there can be no realization expenses or the assumption of obligations
that exceed the limits laid down in Budgetary Guidelines Act, except
previously authorized by opening supplementary or special credits. (Included
Constitutional Amendment No. 45 of 2004) Art. 128. The Public Prosecution Service includes: I – the Public Prosecution Service of the Union, which
comprises: a) the Federal Public Prosecution Service; b) the Public Prosecution Service; c) the Military Public Prosecution Service; d) the Public Prosecution Service of the Federal District
and territories; II – the Public Prosecutors of the States. Paragraph 1. The Public Prosecution Service of the Union has
the Chief Prosecutor of the Republic, appointed by the President of the Republic
career members over 30 and five years after the approval of his name
by the absolute majority of Senate members Federal Government, for a two-year term, permitted
the renewal. Paragraph 2. The dismissal of the Attorney General
Republic, at the initiative of the President Republic shall be preceded by authorization
of the absolute majority of the Federal Senate. Paragraph 3. The Public Prosecutions of States
and the Federal District and Territories will form triple list among career members,
according to the respective law, to choose Attorney General, who will be appointed by the
Chief Executive, for a term of office of two years, one renewal allowed. Paragraph 4. Attorneys General in the States
and in the Federal District and Territories may be dismissed by majority decision
of the Legislative Power, in the form of respective complementary law. Paragraph 5 Complementary Laws of the Union and
States, the initiative of which is open to respective Attorneys General, shall establish
the organization, duties and status of each Public Prosecution Service, observed,
regarding its members: I – the following guarantees: a) vitality, after two years of exercise,
not being able to lose the position but by sentence court final judgment; b) non-removable except on grounds of interest
by decision of the collegiate body Public Prosecution Service, by the vote
of the absolute majority of its members, assured broad defense; (Wording given by Amendment
45 of 2004) (c) irreducibility of the allowance, as set out in
art. 39, § 4, and except as provided in arts. 37, X and XI, 150, II, 153, III, 153,
Paragraph 2, I; (Wording given by the Constitutional Amendment No. 19, 1998) II – the following seals: (a) receive, under any title and under any
excuse, fees, percentages or costs procedural; b) practice law; c) participate in a commercial company in the form
of law; d) exercise, even if available,
any other civil service other than a of teaching; e) to exercise partisan political activity;
(Wording given by the Constitutional Amendment No. 45 of 2004) f) receive, under any title or pretext,
aid or contributions from individuals, public or private entities, except for
the exceptions provided by law. (Included Constitutional Amendment No. 45 of 2004) Paragraph 6 Applies to members of the Ministry
Public the provisions of art. 95, paragraph V. (Included by the Constitutional Amendment
No. 45 of 2004) Art. 129. Are institutional functions of the
Public ministry: I – promote, privately, the criminal action
as provided by law; II – ensure the effective respect of the Powers
Public and publicly relevant services the rights enshrined in this Constitution,
promoting the necessary measures for its guarantee; III – promote civil inquiry and action
public civil service for the protection of public, social, environmental and other
diffuse and collective interests; IV – promote the unconstitutionality action
or representation for intervention purposes States and, in the cases provided for in
in this Constitution; V – defend in court the rights and interests
of indigenous populations; VI – issue notifications in proceedings
administrative powers, requesting information and documents to instruct them,
in the form of the respective complementary law; VII – exercise external control of the activity
in the form of the complementary law mentioned in the previous article; VIII – request investigative diligence
and the opening of a police inquiry, indicated the legal basis of their
procedural manifestations; IX – perform any other duties assigned to him
provided that they are compatible with their purpose, and may not be represented
and legal advice from entities public Paragraph 1. The legitimation of the Public Prosecution Service
for the civil actions provided for in this article does not prevent third parties, under the same circumstances,
accordance with the provisions of this Constitution and in the law. Paragraph 2. The functions of the Public Prosecution Service
may only be exercised by members of the who should reside in the region
capacity, unless authorized from the head of the institution. (Wording given
Constitutional Amendment No. 45 of 2004) § 3 The entry into the career of the Ministry
Public will be made through public tender evidence and titles, ensuring the participation of
of the Brazilian Bar Association in its realization, requiring the bachelor of law at least
three years of legal activity and observing, in appointments, the order of classification.
(Wording given by the Constitutional Amendment No. 45 of 2004) Paragraph 4 Applies to the Public Prosecution Service,
where applicable, the provisions of art. 93. (Writing Constitutional Amendment No. 45 of
2004) § 5 The distribution of processes in the Ministry
Public will be immediate. (Included by the Amendment 45 of 2004) Article 130. To members of the Public Prosecution Service
before the Courts of Auditors the following provisions of this section pertaining to
rights, fences and form of investiture. Art. 130-A. The National Council of the Ministry
Audience consists of fourteen nominees by the President of the Republic, after approval
the choice by the absolute majority of the Senate Federal Government for a term of two years, admitted
a renewal, as follows: (Included by Amendment 45 of 2004) I the Attorney General of the Republic, who
presides; II four members of the Public Prosecution Service
representation of representatives of the each of their careers; III three members of the Public Prosecution Service
of the states; IV two judges, one appointed by the Supreme
Federal Court and another by the Superior Court of justice; V two lawyers appointed by the Council
Federal of the Brazilian Bar Association; I saw two citizens of remarkable legal knowledge
and unblemished reputation, nominated one by the House Deputies and another by the Federal Senate. Paragraph 1. The members of the Council from the
Public Prosecution Service will be appointed by Public Prosecution Service, in the form
of law. Paragraph 2 – The National Council of the Ministry
Public control of administrative performance Public Prosecutor’s Office and the
compliance with the functional duties of their members: I ensure the functional and administrative autonomy
of the Public Prosecution Service and may issue within its competence,
or recommend action; II ensure compliance with art. 37 and appreciate,
of office or by provocation, the legality of administrative acts by members
or bodies of the Public Prosecution Service of the and the states, and may deconstruct them,
revise them or set a deadline for adopting the necessary measures for the exact fulfillment
without prejudice to the competence of the Court of Auditors; III receive and hear of complaints against
members or bodies of the Public Prosecution Service Union or States, including against
ancillary services, without prejudice to disciplinary and correctional competence of
institution and may bring disciplinary proceedings determine the removal, availability
or retirement with allowances or earnings commensurate with length of service and apply
other administrative sanctions ensured by broad defense; IV review, by office or by provocation,
disciplinary proceedings by members of the Ministry Public of the Union or of the States judged
less than a year ago; V draw up an annual report proposing the measures
deem necessary about the situation Prosecutor’s Office in the Country and the activities
which should incorporate the message provided for in art. 84, XI. Paragraph 3 The Council shall choose, by vote
secret, a national corregedor, among the members of the public prosecutor’s office,
renewal is forbidden, as well as the of the powers conferred upon it
by law, the following: I receive complaints and complaints from any
concerned, concerning members of the Ministry Public and its ancillary services; II perform executive duties of the Council,
inspection and general correction; III request and appoint members of the Ministry
Delegating powers to them, and request servants from Ministry organs
Public. Paragraph 4. The President of the Federal Council of
Brazilian Bar Association will officiate with to the Council. Paragraph 5. Laws of the Union and of the States shall create
Public Prosecution Service to receive complaints and complaints from
anyone interested against members or organs prosecutor, including against
their ancillary services, directly representing to the National Council of the Public Prosecution Service. Section II PUBLIC ADVOCACY (Wording given by the Constitutional Amendment
No. 19, 1998) Article 131. The Attorney General’s Office is the
institution which, directly or through tied organ, represents the Union,
judicially and extrajudicially, pursuant to the supplementary law providing
about their organization and operation, consultancy and advisory activities
Executive Power. Paragraph 1. The Attorney General of the Union has
the Advocate General of the Union, freely appointment by the President of the Republic
citizens over the age of thirty-five, of remarkable legal knowledge and reputation
unblemished. Paragraph 2. Entry into the initial classes of
careers of the institution concerned with this Article shall be by open procedure.
of evidence and titles. Paragraph 3. In the execution of the active debt of a
representation of the Union shall be to the Attorney General of the National Treasury,
subject to the provisions of law. Article 132. The Attorneys of the States and the
Federal District, organized in career, where admission will depend on competition
evidence and titles, with the participation of of the Brazilian Bar Association in all
their stages shall exercise representation and the legal advice of the respective
federated units. (Wording given by Amendment 19 of 1998) Single paragraph. To the referred attorneys
stability is ensured in this article. three years of effective exercise by
performance evaluation before the governing bodies after a detailed report
of the corregedorias. (Wording given by Amendment 19 of 1998) SECTION III ADVOCACY (Wording given by the Constitutional Amendment
No. 80 of 2014) Art. 133. The lawyer is indispensable to the
administration of justice, being inviolable for his acts and manifestations in the exercise
profession within the limits of the law. SECTION IV OF THE PUBLIC DEFENSORY (Wording given by the Constitutional Amendment
No. 80 of 2014) Art. 134. The Public Defender’s Office is an institution
permanent, essential to the judicial function State, as an expression
and instrument of the democratic regime, fundamentally, legal orientation, the promotion of
human rights and defense at all levels, and extrajudicial proceedings, individual rights
and collectively, free of charge, to those in need, in the form of item LXXIV
of art. 5 of this Federal Constitution. (Wording given by the Constitutional Amendment
No. 80 of 2014) Paragraph 1 Complementary Law shall organize the Defender’s Office
Federal Government and the Federal District Territories and shall prescribe general rules
for their organization in the States, in positions career, provided, in the starting class,
by open competition for evidence and titles, guaranteed to its members
immovable and the practice of law outside institutional attributions. (Renumbered
of the sole paragraph by the Constitutional Amendment No. 45 of 2004) Paragraph 2 – State Public Defenders
functional and administrative autonomy are ensured and the initiative of your budget proposal
within the limits established by the law of budget guidelines and reporting
to the provisions of art. 99, § 2 nd. (Included Constitutional Amendment No. 45 of 2004) Paragraph 3 The provisions of Paragraph 2 shall apply to
Union and District Public Defenders Federal. (Included by the Constitutional Amendment
No. 74 of 2013) Paragraph 4. Are the institutional principles of
Public Defender’s unity, indivisibility and functional independence, applying
also, as appropriate, the provisions of art. 93 and item II of art. 96 of this Constitution
Federal. (Included by the Constitutional Amendment No. 80 of 2014) Art. 135. The member servers of the careers
disciplined in Sections II and III of this Chapter will be paid in the form of art.
39, § 4º. (Wording given by the Constitutional Amendment No. 19, 1998) TITLE V State Defense and Democratic Institutions CHAPTER I DEFENSE STATE AND SITE STATE Section I DEFENSE STATE Article 136. The President of the Republic may,
after hearing the Council of the Republic and the Council of National Defense, decree state of defense
to preserve or promptly restore, in restricted and determined locations, the order
public peace or social peace threatened by serious and imminent institutional instability or
hit by major calamities in nature. Paragraph 1. The decree establishing the state of
defense will determine the length of its duration, will specify the areas to be covered
and indicate, within the terms and limits of the law, the coercive measures in force, among
the following: I – restrictions on the rights of: a) meeting, even if exercised within the
associations; b) confidentiality of correspondence; c) confidentiality of telegraphic communication and
telephone; II – occupation and temporary use of assets
and public services in the event of calamity The Union is responsible for the damage
and costs incurred. § 2 The duration of the state of defense
shall not exceed thirty days and may be extended once, for the same period,
if the reasons justifying persist its decree. Paragraph 3 In the term of the state of defense: I – the arrest for crime against the State, determined
executor of the measure, shall be notified by immediately to the competent judge, who will relax her,
if not legal, the prisoner is allowed to request examination of crime body to the police authority; II – the communication will be accompanied by
declaration by the authority of the physical state and mental of the detainee at the time of his assessment; III – the arrest or detention of any
person may not exceed ten days, except when authorized by the judiciary; IV – the incommunicability of the prisoner is prohibited. Paragraph 4. The state of defense or its
extension, the President of the Republic, within 24 hours, submit
the act with the respective justification to the Congress National, which will decide by an absolute majority. Paragraph 5. If the National Congress is in
recess, shall be called extraordinarily within five days. Paragraph 6. The National Congress shall consider the decree.
within ten days of receipt, should continue to function while it is in force
the state of defense. Paragraph 7. If the decree is rejected, it shall cease immediately.
the state of defense. Section II SITE STATE Article 137. The President of the Republic may,
after hearing the Council of the Republic and the Council of National Defense, to ask Congress
National authorization to enact the state in the case of: I – serious commotion of national repercussion
or occurrence of facts proving ineffectiveness action taken during the state of defense; II – declaration of state of war or response
foreign armed aggression. Single paragraph. The President of the Republic,
when applying for authorization to decree the state of siege or its extension, shall report
the determining reasons for the request and the National Congress decides by absolute majority. Art. 138. The state of siege decree shall state
duration, the rules necessary for its enforcement and constitutional guarantees
which will be suspended, and once published, the President of the Republic shall designate the executor
specific measures and the areas covered. § 1 – The state of siege, in the case of art.
137, I, cannot be decreed for more thirty days, nor extended at a time.
for a longer period; of item II, may be decreed for as long as it lasts
foreign war or armed aggression. Paragraph 2 – Authorization requested to decree
the state of siege during the parliamentary recess, the President of the Federal Senate, immediately,
will convene extraordinarily the Congress National to meet within five days,
in order to appreciate the act. Paragraph 3 – The National Congress shall remain
in operation until the end of the measures coercive. Art. 139. During the state of siege
decreed on the basis of art. 137 I only may be taken against persons
following measures: I – obligation to stay in a locality
determined; II – detention in non-destined building
accused or convicted of common crimes; III – restrictions on inviolability
correspondence, confidentiality of communications, providing information and freedom
broadcasting and television in the form of the law; IV – suspension of freedom of assembly; V – search and seizure at home; VI – intervention in service companies
public; VII – requisition of goods. Single paragraph. Not included in restrictions
of item III the diffusion of pronouncements of parliamentarians held in their Legislative Houses,
provided it is released by its Bureau. Section III GENERAL PROVISIONS Art. 140. The National Congress Bureau, ears
party leaders, will appoint Commission composed of five of its members to follow
and supervise the implementation of measures the state of defense and the state of siege. Art. 141. Ceased the state of defense or the
state of siege, their effects will also cease, without prejudice to liability for unlawful acts
committed by their executors or agents. Single paragraph. As soon as the state ceases
of defense or the state of siege, the measures applied during its term will be reported
by the President of the Republic, in message to the National Congress, with specification
and justification of the measures taken, with nominal ratio of those affected and indication
of the restrictions applied. CHAPTER II ARMED FORCES Article 142. The Armed Forces, constituted by
by the Navy, the Army and the Air Force, are permanent national institutions
and regular, organized based on hierarchy and in discipline under the supreme authority
of the President of the Republic, and are intended the defense of the motherland, the guarantee of
constitutional and, on the initiative of any of these, law and order. Paragraph 1. Complementary Law shall establish the rules
to be adopted in the organization, in the preparation and employment of the Armed Forces. Paragraph 2. Habeas corpus shall not fit
military disciplinary punishment. Paragraph 3. The members of the Armed Forces are
military, applying to them, in addition to those to be established by law,
(Included by Constitutional Amendment No. 18 of 1998) I – patents, with prerogatives, rights
and inherent duties, are conferred President of the Republic and assured
to the active officers, the reserve or retired persons, the titles of which are
and military posts and along with the other members, the wearing of Armed Forces uniforms;
(Included by Constitutional Amendment No. 18, 1998) II – the active military man who takes office
in permanent civil office or public employment, subject to the hypothesis provided for in art. 37,
item XVI (c) shall be transferred for the reservation, under the law; (Essay
Constitutional Amendment No. 77 of 2014) III – the active military man who, according to
take office, position or employment temporary, non-elective civil public
even though indirect administration, except for the hypothesis provided for in art. 37, item XVI,
point “c” shall be added to its frame and can only, as long as it remains
in this situation, be promoted by seniority, counting your service time only
for that promotion and transfer to the reserve, being after two years of removal,
continuous or not, transferred to the reservation, under the law; (Wording given by Amendment
77 of 2014) IV – the military are prohibited from unionizing
and the strike; (Included by the Constitutional Amendment No. 18, 1998) V – the military, while on active duty,
cannot be affiliated with political parties; (Included by Constitutional Amendment No.
18, 1998) VI – the officer will only lose his rank and rank
if deemed unworthy of the officer or with he incompatible by court decision
of a permanent military character in time of peace or special court in time of
war; (Included by the Constitutional Amendment No. 18, 1998) VII – the officer convicted in the common justice
or military the deprivation of superior liberty to two years, by final judgment,
shall be subject to the judgment provided for in previous item; (Included by the Constitutional Amendment
No. 18, 1998) VIII – the provisions of the
in art. 7th, items VIII, XII, XVII, XVIII, XIX and XXV, and in art. 37, items XI, XIII,
XIV and XV, as well as, in accordance with the law and with prevalence of military activity, in art.
37, item XVI, letter “c”; (Wording given Constitutional Amendment No. 77 of 2014) IX – (Repealed by the Constitutional Amendment
41 of December 19, 2003) X – The law shall provide for the entry into the Forces.
Armed, age limits, stability and other conditions of transfer of the
for inactivity, rights, duties, remuneration, privileges
and other special situations of the military, peculiarities of their activities,
including those fulfilled by virtue of international and war commitments. (Included
Constitutional Amendment No. 18 of 1998) Art. 143. Military service is obligatory
under the law. Paragraph 1. The Armed Forces shall, in accordance with
assign alternative service to that in peacetime, after enlisting, they claim
imperative of conscience, understanding as such deriving from religious belief
and of philosophical or political conviction, to excuse themselves from character activities
essentially military. (Regulation) § 2. Women and ecclesiastics are
exempt from compulsory military service in peacetime, but subject to other burdens
that the law gives them. (Regulation) CHAPTER III PUBLIC SECURITY Article 144. Public security, the duty of the
State, right and responsibility of all, is exercised for the preservation of order
public safety and the safety of people and through the following bodies: I – federal police; II – federal road police; III – federal railway police; IV – civil police; V – military police and fire brigades
military. Paragraph 1. The federal police, instituted by
law as a permanent body, organized and maintained by the Union and structured in career,
is intended for: “(Wording given by the 19 of 1998) I – investigate criminal offenses against the order
political and social or to the detriment of services and interests of the Union or its
local authorities and public companies, as well as other infractions whose practice
has interstate or international repercussions and requires uniform repression, if available
in law; II – prevent and suppress illicit trafficking
narcotics and related drugs, smuggling and the mischief, without prejudice to the action
and other public bodies in their respective areas of competence; III – perform the duties of maritime police,
airport and border; (Essay Constitutional Amendment No. 19 of
1998) IV – perform, exclusively, the functions
Union judicial police. Paragraph 2. The federal road police, the
permanent, organized and maintained by the and structured in career, is intended, in
law, to the ostensible patrolling of federal highways. (Wording given by Amendment
19 of 1998) § 3º The federal railway police, organ
permanent, organized and maintained by the and structured in career, is intended, in
law, to the ostensible patrolling of federal railways. (Wording given by Amendment
19 of 1998) § 4º To the civil police, directed by
career police officers, subject to the Union’s competence, the tasks
of judicial police and the investigation of criminal offenses, except military ones. Paragraph 5. Military police shall be responsible for
ostensive and the preservation of public order; military fire brigades, in addition to the
attributions defined by law, it is the execution of civil defense activities. Paragraph 6. Military police and corps of
military firefighters, auxiliary forces and Army reserve, are subordinated together
with the civil police, the Governors of the States, the Federal District and the Territories. Paragraph 7. The law shall discipline the organization
and the functioning of the responsible bodies public safety to ensure
the efficiency of their activities. Paragraph 8 Municipalities may constitute
municipal guards intended to protect of its goods, services and facilities as
dispose of the law. Paragraph 9. The remuneration of police officers
members of the related bodies in this Article shall be fixed in accordance with paragraph 4 of
art. 39. (Included by the Constitutional Amendment No. 19, 1998) § 10. Road safety, exercised for the purpose of
the preservation of public order and safety people and their heritage on the roads
(Included by the Constitutional Amendment No. 82 of 2014) I – comprises education, engineering and
traffic surveillance, as well as other activities provided for by law which ensure
citizens the right to urban mobility efficient; and (Included by the Constitutional Amendment
No. 82 of 2014) II – within the scope of the States, the District
Federal and Municipalities, to their respective executive bodies or entities and their agents
of traffic, structured in Career, in the form of the law. (Included by the Constitutional Amendment
No. 82 of 2014) TITLE VI TAXATION AND BUDGET CHAPTER I OF THE NATIONAL TAX SYSTEM Section I GENERAL PRINCIPLES Art. 145. The Union, the States, the District
Federal and Municipalities may institute the following taxes: I – taxes; II – fees, due to the exercise of power
law enforcement or effective use potential of specific public services
and divisible, provided to the taxpayer or made available to them; III – improvement contribution, resulting from
of public works. Paragraph 1. Whenever possible, taxes shall be
personal character and will be graduated the taxpayer’s economic capacity, provided
to the tax administration, especially to give effectiveness to these objectives,
identify, respecting individual rights and under the law, equity, income
and the taxpayer’s economic activities. Paragraph 2. The fees may not be based on
own tax calculation. Article 146. It is for the complementary law: I – provide for conflicts of jurisdiction,
in tax matters, between the Union, the States, the Federal District and the Municipalities; II – regulate constitutional limitations
the power to tax; III – establish general rules on
of tax legislation, especially about: a) definition of tributes and their species,
as well as in relation to the discriminated taxes in this Constitution, the respective facts
generators, calculation bases and contributors; b) obligation, entry, credit, prescription
and tax decay; c) adequate tax treatment to the act
practiced by cooperative societies. d) definition of differential treatment
and favored for micro businesses and for small businesses, including schemes
special or simplified duties in the case of tax provided for in art. 155, II, of the contributions
provided for in art. 195, I and §§ 12 and 13, and of the contribution referred to in art. 239
(Included by Constitutional Amendment No. 42, 12.19.2003) Single paragraph. The complementary law that
dealt with in item III, d, may also institute a single tax collection scheme
and contributions from the Union, the States, Federal District and Municipalities, observed
that: (Included by the Constitutional Amendment 42 of December 19, 2003) I – will be optional for the taxpayer; (Included
Constitutional Amendment No. 42 of December 19, 2003) II – conditions may be established
differentiated by state; (Included by Constitutional Amendment No.
42, 12.19.2003) III – the collection will be unified and centralized
and the distribution of the portion of resources belonging to the respective federated entities
any retention shall be immediate, or conditioning; (Included by the Amendment
42 of December 19, 2003) IV – the collection, supervision and
may be shared by federated entities, national register adopted
contributors only. (Included by the Amendment 42 of December 19, 2003) Article 146-A. Complementary law may establish
special taxation criteria, with the objective of preventing imbalances in
competition, without prejudice to the Union by law lays down rules for the
equal goal. (Included by the Constitutional Amendment 42 of December 19, 2003) Article 147. The Union, in Territory
Federal, state taxes and, if the Territory is not divided into Municipalities cumulatively,
the municipal taxes; to the Federal District municipal taxes will apply. Article 148. The Union, by complementary law, shall
may institute compulsory loans: I – to meet extraordinary expenses,
public calamity, war external or its imminence; II – in the case of public investment of a character
urgent and of relevant national interest, Observing the provisions of art. 150, III, “b”. Single paragraph. The application of resources
from a compulsory loan will be linked to the expense that supported his institution. Art. 149. It is exclusively for the Union
institute social contributions, intervention in the economic field and in the interests of
professional or economic categories such as instrument of its performance in the respective
areas, subject to the provisions of arts. 146, III, and 150, I and III, and without prejudice to
in art. 195, § 6, with respect to contributions that alludes to the device. Paragraph 1. The States, the Federal District and the
Municipalities will institute contribution, charged of their servers, for costing, for the benefit of
of them, of the social security scheme art. 40, whose rate will not be lower
to the contribution of the titular servers effective positions of the Union.
Constitutional Amendment 41, 19.12.2003) Paragraph 2. Social and intervention contributions
in the economic domain dealt with in the caput (Included by the Constitutional Amendment
No. 33 of 2001) I – shall not apply to revenue arising from
exportation; (Included by the Constitutional Amendment No. 33 of 2001) II – will also focus on imports
foreign products or services; (Essay Constitutional Amendment No. 42 of
December 19, 2003) III – may have rates: (Included
Constitutional Amendment No. 33 of 2001) a) ad valorem, based on invoicing,
gross revenue or value of the transaction and, in case of importation, the customs value;
(Included by Constitutional Amendment No. 33 of 2001) (b) specific, based on the unit of
measure adopted. (Included by the Constitutional Amendment No. 33 of 2001) Paragraph 3. The natural person to whom the
import operations may be assimilated the legal entity, as provided by law. (Included
Constitutional Amendment No. 33 of 2001) Paragraph 4. The law shall define the hypotheses in which
Contributions will only apply once. (Included by Constitutional Amendment No.
33 of 2001) Art. 149-A The Municipalities and the Federal District
may make a contribution, in the form respective laws, for the cost of the service
public lighting, subject to the provisions of in art. 150, I and III. (Included by the Amendment
39 of 2002) Single paragraph. Charging is allowed
of the contribution referred to in the caption, in the bill of electricity consumption.
(Included by Constitutional Amendment No. 39 of 2002) Section II LIMITATIONS OF TAX POWER Art. 150. Without prejudice to other guarantees
provided to the taxpayer, is prohibited from Union, the States, the Federal District and
to the Municipalities: I – demand or increase tribute without law that
establish it; II – institute unequal treatment among taxpayers
in an equivalent situation, No distinction is prohibited on grounds of
occupation or function by them regardless of the denomination
income, securities or rights; III – collect taxes: a) in relation to generating events occurred
prior to the effective date of the law that has been instituted or increased; b) in the same financial year in which
the law that instituted or increased them was published; c) before ninety days have elapsed from the date
when the law that instituted them was published or increased, subject to the provisions of
B; (Included by Constitutional Amendment No. 42, 12.19.2003) IV – use tax with confiscation effect; V – establish limitations on the traffic of
persons or property through interstate taxes or intermunicipal, except for the
tolls for the use of conserved roads by the government; VI – institute taxes on: a) property, income or services, either of the
others; b) temples of any cult; c) Party property, income or services
including their foundations, of the workers’ unions,
educational and assistance institutions social, non-profit, meeting the
requirements of the law; d) books, newspapers, periodicals and the paper
intended for your printing. e) Musical phonograms and videophonograms produced
in Brazil containing musical or literomusical works of Brazilian authors and / or works in general
performed by Brazilian artists as well as the media or digital files
containing them, except in the replication step industrial optical reading media
Laser (Included by the Constitutional Amendment No. 75, 10.15.2013) Paragraph 1. The sealing of item III, b, does not
applies to taxes provided for in arts. 148, I, 153, I, II, IV and V; and 154, II; and the
sealing of item III, c, does not apply to the taxes provided for in arts. 148, I, 153,
I, II, III and V; and 154, II, nor to the of the basis for calculating the expected taxes
in arts. 155, III, and 156, I. (Wording given Constitutional Amendment No. 42 of December 19, 2003) Paragraph 2. The sealing of item VI, “a”, is extensive.
local authorities and foundations and maintained by the Government, as regards
refers to equity, income and services, linked to their essential purposes or
resulting from them. Paragraph 3. The seals of item VI, “a”, and
of the previous paragraph do not apply to wealth, income and services related to
with exploitation of economic activities governed by the rules applicable to undertakings
private, or where there is consideration or payment of prices or tariffs by the user,
nor does it exonerate the promising buyer from the obligation to pay tax on the immovable property. Paragraph 4. The seals expressed in item VI,
points “b” and “c” shall comprise only the wealth, income and services related to
with the essential purposes of the entities mentioned therein. Paragraph 5. The law shall determine measures to
consumers are enlightened about taxes on goods
and services. Paragraph 6. Any allowance or exemption, reduction or
basis of calculation, credit granting presumed amnesty or remission relating to
to taxes, fees or contributions, only may be granted by specific law,
federal, state or municipal law regulating exclusively the materials listed above
or the corresponding tribute or contribution, Without prejudice to art. 155, § 2,
XII, g. (Wording given by the Constitutional Amendment No 3 of 1993) Paragraph 7. The law may attribute to a taxable person
tax obligation the condition of responsible for paying tax or
contribution, whose chargeable event should occur thereafter, immediate and preferential
refund of the amount paid if it is not perform the presumed generator suit. (Included
Constitutional Amendment No. 3 of 1993) Article 151. The Union is forbidden: I – institute tax that is not uniform
throughout the national territory or involving distinction or preference over
State, the Federal District or the Municipality, to the detriment of another, the concession of
of tax incentives designed to promote the balance of socio-economic development
between the different regions of the country; II – tax the income from the obligations of the
public debt of the States, the District Federal Government and Municipalities, as well as the
and the income of the respective public agents, higher than those set for their
obligations and to their agents; III – institute tax exemptions from the
States, the Federal District or the Municipalities. Art. 152. It is forbidden to the States, the District
Federal and Municipalities establish difference between goods and services of any kind
nature, by reason of its origin or destiny. Section III UNION TAXES Article 153. It is for the Union to institute taxes
about: I – importation of foreign products; II – exportation of products abroad
national or nationalized; III – income and earnings of any nature; IV – industrialized products; V – credit, foreign exchange and insurance operations,
or relating to securities; VI – rural territorial property; VII – great fortunes, under the terms of law
complementary. Paragraph 1. The Executive Power is allowed, provided
the conditions and limits established change the tax rates by law
listed in items I, II, IV and V. Paragraph 2. The tax provided for in item III: I – will be informed by the general criteria,
universality and progressivity, in the form of the law; II – (Repealed by the Constitutional Amendment
No. 20, 1998) Paragraph 3. The tax provided for in item IV: I – will be selective, depending on the essentiality
of product; II – will be non-cumulative, offsetting
whatever is due in each operation with the amount charged in the previous ones; III – will not focus on industrialized products
intended for outdoor use. IV – will have reduced its impact on the acquisition
capital goods by the taxpayer, in the form of the law. (Included by the Constitutional Amendment
42 of December 19, 2003) Paragraph 4. The tax provided for in item VI of
caput: (Writing by the Constitutional Amendment 42 of December 19, 2003) I – will be progressive and will have its rates
fixed in such a way as to discourage maintenance unproductive properties; (Included by
Constitutional Amendment No. 42 of 12/19/2003) II – will not focus on small plots
rural areas as defined by law when the owner who does not own another property;
(Included by Constitutional Amendment No. 42, 12.19.2003) III – will be inspected and charged by the Municipalities
who so choose, in accordance with the law, not entail tax reduction or
any other form of tax waiver. Constitutional Amendment No. 42 of December 19, 2003)
(Regulation) Paragraph 5. Gold, when defined by law as
financial asset or foreign exchange instrument, subject to exclusively to the levy of
which deals with item V of the “caput” of this article, due on the source operation; the tax rate
minimum shall be one per cent, ensured the transfer of the collection amount
as follows: (See Constitutional Amendment No 3 of 1993) I – thirty percent for the State, the District
Federal or Territory, according to origin; II – seventy percent for the Municipality of
source. Article 154. The Union may institute: I – by complementary law, taxes not
provided for in the preceding article, provided that non-cumulative and have no chargeable event
or basis of calculation of the itemized in this Constitution; II – in the imminence or in case of external war,
extraordinary taxes, understood or not in their tax competence, which
shall be gradually phased out the causes of its creation. Section IV TAXES OF STATES AND FEDERAL DISTRICT Article 155. It is for the States and the District
Federal institute taxes on: by Constitutional Amendment No. 3 of
1993) I – transmission causes mortis and donation,
of any property or rights; (Essay by Constitutional Amendment No. 3 of
1993) II – operations relating to movement
of goods and services interstate and intercity transport
and communication, even though the operations and benefits begin abroad;
(Wording given by the Constitutional Amendment No 3 of 1993) III – ownership of motor vehicles.
(Wording given by the Constitutional Amendment No 3 of 1993) Paragraph 1. The tax provided for in item I:
by Constitutional Amendment No. 3 of 1993) I – in relation to immovable property and their
rights, the State of the situation good, or the Federal District II – in respect of movable property, securities
and credits, it is up to the State where the inventory or listing, or is domiciled
the donor, or the Federal District; III – will have competence for his institution
regulated by complementary law: a) if the donor is domiciled or resident
abroad; b) if the one of which had property, was resident
or domiciled or had your inventory processed abroad; IV – will have its maximum rates set
by the Federal Senate; Paragraph 2. The tax provided for in item II shall meet
(wording given by the Constitutional Amendment No 3 of 1993) I – will be non-cumulative, offsetting
whatever is due in each relative operation movement of goods or the provision of
services with the amount charged in the previous by the same or another State or District
Federal; II – the exemption or non-incidence, except
contrary determination of legislation: a) will not imply credit for compensation
the amount due on operations or installments following; b) will result in the cancellation of the credit
previous operations; III – may be selective, depending on the
essentiality of goods and services; IV – Federal Senate Resolution of an initiative
of the President of the Republic or one third of Senators, approved by the absolute majority
of its members, shall establish the rates applicable to operations and benefits,
interstate and export; V – is allowed to the Federal Senate: a) establish minimum rates for operations
by means of an own-initiative resolution one-third and approved by the absolute majority
of its members; b) set maximum rates on the same transactions
to resolve specific conflict involving States, by means of resolution
initiative by the absolute and approved majority by two thirds of its members; VI – unless otherwise decided by the
States and the Federal District, pursuant to of subparagraph XII, “g”, the rates applicable to
transactions relating to the movement of goods and services,
may not be less than those provided for for interstate operations; VII – in operations and benefits intended for
goods and services to end consumers, taxpayers tax or not, located in another state,
the interstate rate will be adopted and will to the recipient’s location state
the tax corresponding to the difference between the domestic tax rate of the receiving State
and the interstate tax rate; (Wording given Constitutional Amendment No. 87 of 2015)
(Effect Production) a) (repealed); (Wording given by Amendment
87 of 2015) b) (repealed); (Wording given by Amendment
87 of 2015) VIII – the responsibility for the collection
corresponding to the difference between the internal and interstate rates that
item VII shall be attributed: Constitutional Amendment No. 87 of
2015) (Effect Production) a) to the recipient when he is a taxpayer
of the tax; (Included by the Constitutional Amendment No. 87 of 2015) (b) to the sender, when the consignee does not
is a taxpayer; (Included by Constitutional Amendment No. 87 of 2015) IX – will also focus on: a) on the entry of imported goods or merchandise
abroad by a natural or legal person, even though you’re not a regular contributor
of the tax, whatever its purpose, as well as the service provided abroad,
the tax to the State where it is located the address or establishment of the consignee
goods, good or service; Constitutional Amendment No. 33 of
2001) b) on the total value of the transaction, when
goods are supplied with services not included in the tax competence
of the municipalities; X – will not focus on: a) on operations destined for goods
abroad, nor on services rendered to recipients abroad, ensuring the
maintenance and utilization of the amount of the tax levied on operations and installments
previous ones; (Wording given by the Constitutional Amendment 42 of December 19, 2003) (b) operations intended for other
Petroleum states, including lubricants, liquid and gaseous fuels derived therefrom,
and electric power; c) on gold, in the cases defined
in art. 153, § 5th; d) in the provision of communication services
in the modalities of sound and of free and free reception sounds and images;
(Included by Constitutional Amendment No. 42, 12.19.2003) XI – will not understand, in its calculation base,
the amount of tax on processed products, when the transaction between taxpayers
and concerning a product intended for industrialization or marketing, set up generator fact
of the two taxes; XII – it is up to the complementary law: a) define their taxpayers; b) provide for tax substitution; c) to discipline the system of compensation of
tax; d) fix, for the purpose of its collection and definition
of the responsible establishment, the place of movement of goods
and the provision of services; e) exclude from the incidence of the tax, in
exports abroad, services and other products than those mentioned in item
X is “a”; (f) provide for cases of credit maintenance,
regarding the referral to another State and export abroad, services
and goods; g) regulate the manner in which, by deliberation
States and the Federal District, exemptions, tax incentives and benefits will be granted
and repealed. h) define fuels and lubricants
on which the tax will apply to a single whatever its purpose, hypothesis
in which the provisions of item X, b; (Included by the Constitutional Amendment
33 of 2001) (See Constitutional Amendment No. 33 of 2001) (i) fix the calculation basis so that the
amount of tax to be included, also in the import from abroad of good, commodity
or service. (Included by the Constitutional Amendment No. 33 of 2001) Paragraph 3 Except for the taxes they deal with
item II of the caput of this article and art. 153, I and II, no other tax may be
focus on energy operations electrical, telecommunications services,
petroleum products, fuels and minerals (Writing by the Constitutional Amendment
No. 33 of 2001) Paragraph 4. In the event of item XII, h, it shall be observed
(Included by the Constitutional Amendment No. 33 of 2001) I – in operations with lubricants and
petroleum-based fuels, the tax on it will be up to the state where consumption occurs;
(Included by Constitutional Amendment No. 33 of 2001) II – in interstate operations, between
taxpayers, with natural gas and its derivatives, and lubricants and fuels not included
in paragraph I of this paragraph, the tax shall be between the States of origin and
destination, while maintaining the same proportionality which occurs in operations with other goods;
(Included by Constitutional Amendment No. 33 of 2001) III – in interstate gas operations
and its derivatives, and lubricants and fuels not included in item
I of this paragraph, intended for non-contributors, the tax shall be borne by the State of origin; (Included
Constitutional Amendment No. 33 of 2001) IV – the tax rates will be defined
by deliberation of the States and District Federal Government, pursuant to § 2, XII, g, with
(Included by the Constitutional Amendment No. 33 of 2001) (a) shall be uniform throughout the territory
may be differentiated by product; (Included by Constitutional Amendment No.
33 of 2001) (b) may be unit specific
measure adopted, or ad valorem, focusing on the value of the transaction or the price
that the product or similar would achieve in a sale under conditions of free competition;
(Included by Constitutional Amendment No. 33 of 2001) (c) may be reduced and restored,
the provisions of art. 150, III, b. (Included by the Constitutional Amendment
No. 33 of 2001) Paragraph 5. The rules necessary for the application
of paragraph 4, including those relating to the calculation and destination of the tax,
shall be established by deliberation States and the Federal District, pursuant to
of § 2º, XII, g. (Included by the Amendment 33 of 2001) Paragraph 6. The tax provided for in item III: (Included
Constitutional Amendment No. 42 of December 19, 2003) I – will have minimum rates set by the
Federal Senate; (Included by the Constitutional Amendment 42 of December 19, 2003) II – may have different rates
according to type and use. (Included Constitutional Amendment No. 42 of December 19, 2003) Section V TAXES OF MUNICIPALITIES Article 156. The Municipalities are responsible for instituting
taxes on: I – urban property and territorial property; II – “inter vivo” transmission to any
title, for consideration, of real estate, by nature or physical accession, and rights
real estate, except for collateral, as well as assignment of rights to its acquisition; III – services of any nature, not
included in art. 155, II, as defined in complementary law. (Wording given by Amendment
No 3 of 1993) IV – (Repealed by the Constitutional Amendment
No 3 of 1993) Paragraph 1 Without prejudice to progressivity in
time referred to in art. 182, § 4, item II, the tax provided for in item I
may: (Writing by the Constitutional Amendment No. 29 of 2000) I – be progressive due to the value of the
immobile; and (Included by the Constitutional Amendment No. 29 of 2000) II – have different rates according
with the location and use of the property. (Included Constitutional Amendment No. 29 of 2000) Paragraph 2. The tax provided for in item II: I – does not affect the transfer of goods
or rights incorporated into the equity of legal entity in the realization of capital,
nor about the transfer of goods or rights merger, incorporation, split-off
or extinction of a legal entity, unless, In such cases, the preponderant activity of the
acquirer is the purchase and sale of these assets or rights, rental of immovable property or
lease; II – the Municipality is responsible for the situation of
good. Paragraph 3. In relation to the tax provided for in
item III of the caption to this article, Supplementary Law:
37 of 2002) I – fix their maximum and minimum rates;
(Wording given by the Constitutional Amendment No. 37 of 2002) II – exclude from its incidence exports
of services abroad. (Included by Constitutional Amendment No. 3 of 1993) III – regulate the form and conditions as
tax exemptions, incentives and benefits shall be granted and revoked. (Included
Constitutional Amendment No. 3 of 1993) Paragraph 4 (Repealed by the Constitutional Amendment
No 3 of 1993) Section VI ALLOCATION OF TAX REVENUE Art. 157. Belong to States and District
Federal: I – the proceeds of tax collection
Union’s income and income from any nature, withholding tax, on income
paid, in any respect, by them, their municipalities and foundations establishing
and keep it; II – twenty per cent of the proceeds of the collection
of the tax imposed by the Union during the competence conferred upon it by the
art. 154, I. Art. 158. Belong to the Municipalities: I – the proceeds of tax collection
Union’s income and income from any nature, withholding tax, on income
paid, in any respect, by them, their municipalities and foundations establishing
and keep it; II – fifty percent of the proceeds of the collection
Union tax on territorial property in relation to the properties situated therein,
totality in the hypothesis of the option referred to in art. 153, § 4th, III; (Essay
Constitutional Amendment No. 42 of December 19, 2003) III – fifty percent of the proceeds of the collection
State property tax motor vehicles licensed in their
territories; IV – twenty-five per cent of the proceeds of the
collection of state tax on operations concerning the movement of goods and
on transport services interstate and intercity and communication. Single paragraph. The Revenue Portions
belonging to the Municipalities mentioned in item IV, shall be credited in accordance with
following criteria: I – at least three quarters in proportion
added value in operations movement of goods and benefits
services performed in their territories; II – up to a quarter, according to what you have
state law or, in the case of the Territories, federal law. Article 159. The Union shall deliver: (See Amendment
55 of 2007) I – proceeds from tax collection
about income and earnings of any kind and on industrialized products, 49% (forty
and nine per cent) as follows: Constitutional Amendment No. 84 of
2014) a) twenty one integers and five tenths per
to the State Participation Fund and from the Federal District; b) twenty two integers and five tenths
percent to the Municipal Participation Fund; c) three per cent for application in programs
financing to the productive sector of the Regions North, Northeast and Midwest through
its financial institutions of a character according to regional plans
development, being assured to the semi-arid region of the Northeast half of the resources
intended for the Region as provided by law to establish; d) one percent to the Participating Fund
Municipalities, which will be delivered in the first December of each year;
(Included by Constitutional Amendment No. 55, 2007) e) 1% (one percent) to the Participation Fund
Municipalities, which will be delivered in the first July of each year; (Included
Constitutional Amendment No. 84 of 2014) II – the proceeds of tax collection
about industrialized products, ten percent States and the Federal District, proportionally
the value of the respective exports of industrialized products. III – the proceeds from the collection of the contribution
economic intervention in art. 177, § 4, 29% (twenty-nine per
percent) for the states and the Federal District, distributed in accordance with the law,
destination referred to in item II, c) of that paragraph.
Constitutional Amendment No. 44 of 2004) Paragraph 1. For the purpose of calculating delivery
to be carried out in accordance with the item I, the portion of the collection will be
income tax and income from any nature belonging to the States, the District
Federal Government and the Municipalities, pursuant to in arts. 157, I, and 158, I. Paragraph 2. No federated unit may
be allocated more than twenty per percent of the amount referred to in
II, and any surplus should be distributed among the other participants, maintained in
relation to these, the sharing criterion established therein. Paragraph 3. States shall deliver to their respective
Municipalities twenty five percent of resources they receive under the terms of item II, observed
the criteria established in art. 158, paragraph single, I and II. Paragraph 4. The amount of resources referred to in
item III that belongs to each State, twenty and five percent will go to their
Municipalities, in accordance with the law to which the mentioned item. (Included by the Amendment
42 of December 19, 2003) Art. 160. The retention or any other
restriction on the delivery and use of resources in this section to the States, the
Federal District and the Municipalities in them additional understood and relative additions
to taxes. Single paragraph. The seal provided for in this
Article does not prevent the Union and the States from condition the delivery of resources:
Constitutional Amendment No. 29 of 2000) I – the payment of its credits, including
of their municipalities; (Included by the Amendment No 29 of 2000) II – compliance with the provisions of art.
198, § 2, items II and III. (Included Constitutional Amendment No. 29 of 2000) Article 161. It is for the complementary law: I – define added value for the purposes of
provided for in art. 158, sole paragraph, I; II – establish rules on the delivery of
resources referred to in art. 159 especially on the criteria for apportioning the funds provided
in item I, aiming to promote the balance socioeconomic status between states and between municipalities; III – provide for the monitoring by
beneficiaries, the calculation of quotas and the release of planned holdings
in arts. 157, 158 and 159. Single paragraph. The Court of Auditors of the
The Union shall calculate the quotas for participation funds to which the
item II. Art. 162. The Union, the States, the District
Federal Government and the Municipalities the last day of the month following the month of collection,
the amounts of each of the taxes collected, received resources, source values
tax delivered and to be delivered and the expression of the apportionment criteria. Single paragraph. The data released by
Union shall be broken down by State and by County; States, by Municipality. CHAPTER II PUBLIC FINANCE Section I GENERAL RULES Article 163. Complementary Law shall provide for: I – public finances; II – external and internal public debt, including
that of municipalities, foundations and other entities controlled by the Government; III – granting of guarantees by entities
public; IV – issuance and redemption of debt securities
public; V – financial supervision of management
direct and indirect public (Wording given Constitutional Amendment No. 40 of 2003) VI – foreign exchange operations performed by
organs and entities of the Union, States, Federal District and Municipalities; VII – compatibility of the functions of the
Union credit institutions, safeguarded the characteristics and conditions
full development-oriented operating regional. Art. 164. The competence of the Union to issue
currency will be exercised exclusively by the bank central. Paragraph 1. The central bank shall not grant,
directly or indirectly, loans to the Treasury And any body or entity
other than a financial institution. Paragraph 2. The central bank may buy and sell
securities issued by the National Treasury, in order to regulate the money supply
or the interest rate. Paragraph 3. The cash available from the Federal Government
will be deposited with the central bank; those of States, Federal District, Municipalities
and the organs or entities of the Government and the companies controlled by it, in institutions
official financial institutions, except in cases provided by law. Section II BUDGETS Article 165. Laws of the Executive Power
will establish: I – the multiannual plan; II – the budget guidelines; III – the annual budgets. Paragraph 1. The law establishing the multiannual plan
establish in a regionalized manner the management guidelines, objectives and goals
federal government for capital expenditures and others arising therefrom and for the
to programs of continuing duration. Paragraph 2. The Budgetary Guidelines Law
understand management’s goals and priorities federal public expenditure, including
capital for the subsequent financial year, will guide the elaboration of the budget law
shall provide for amendments to the legislation and shall establish the policy of
application of official financial agencies of promotion. Paragraph 3. The Executive Power shall publish, by
thirty days after the end of each quarter, summary report on budget execution. Paragraph 4 National, regional plans and programs
and sectoral provisions of this Constitution shall be drawn up in accordance with the plan
and appreciated by the National Congress. Paragraph 5. The annual budget law shall comprise: I – the fiscal budget referring to the Powers
Union, its funds, organs and entities direct and indirect administration, including
foundations established and maintained by the Public; II – the corporate investment budget
where the Union, directly or indirectly, holds the majority of the share capital entitled to
to vote; III – the social security budget, covering
all entities and bodies linked to it, direct or indirect administration as well as
like the funds and foundations set up and maintained by the Government. Paragraph 6. The budget bill shall be
accompanied by regionalized statement effect on revenue and expenditure arising from
exemptions, amnesties, remissions, allowances and benefits of a financial, tax nature
and credit. § 7 The budgets provided for in § 5,
I and II of this article, made compatible with the multiannual plan, shall have among their functions
to reduce interregional inequalities, according to population criteria. Paragraph 8. The annual budget law shall not contain
device foreign to revenue forecast and the setting of expenditure, not including
in the ban the authorization to open supplementary credits and contracting
of credit operations, even if by anticipation of revenue under the law. Paragraph 9 The complementary law shall: I – provide for the financial year,
validity, time limits, preparation and organization of the multiannual plan, law
of budget guidelines and budget law Yearly; II – establish financial management standards
and equity of direct management and as well as conditions for the institution
and operation of funds. III – provide for criteria for the implementation
and procedures that will be adopted when there are legal impediments
and technicians, compliance with remains payable and limitation of character programming
mandatory for the accomplishment of the in §§ 11 and 12 of art. 166. (Wording given
Constitutional Amendment No. 100 of 2019) (Effect Production) § 10. The administration has a duty to execute
budgetary schedules, adopting the necessary means and measures, with the
purpose of ensuring the effective delivery of goods and services to society. (Included
Constitutional Amendment No. 100 of 2019) (Effect Production) Art. 166. The bills related to the
multiannual plan, budgetary guidelines, annual budget and additional credits
will be appreciated by both Houses of Congress National, in the form of the common regiment. Paragraph 1. It shall be incumbent upon a permanent Joint Commission
of Senators and Deputies: I – examine and issue opinions on the projects
referred to in this article and on the accounts presented annually by the President of the Republic; II – examine and issue an opinion on the plans
and national, regional and sectoral programs provided for in this Constitution and to exercise
budget monitoring and supervision, without prejudice to the performance of the other committees
of the National Congress and their Houses, created According to art. 58 Paragraph 2. The amendments shall be presented to the Commission.
opinion on them, and appreciated, in regimental form, by the Plenary
of the two houses of the National Congress. Paragraph 3. Amendments to the Budget Bill
or projects that modify it only may be approved if: I – are compatible with the multiannual plan
and the budget guidelines law; II – indicate the necessary resources, admitted
only those arising from expenditure cancellation, excluding those concerning: a) staff appropriations and their charges; b) debt service; c) constitutional tax transfers
for states, municipalities and the Federal District; or III – are related: a) with the correction of errors or omissions;
or b) with the text devices of the project
of law. Paragraph 4. Amendments to the draft law
may not be approved. when incompatible with the multiannual plan. Paragraph 5. The President of the Republic may
send message to the National Congress to propose modification in the projects to which
refer to this article as not started the vote in the Joint Committee of the
whose amendment is proposed. Paragraph 6. The bills of the multiannual plan,
of budget and budget guidelines shall be sent by the President of the Republic
to the National Congress, pursuant to the complementary law referred to in art. 165, § 9th. Paragraph 7. They apply to the mentioned projects.
contrary to the provisions of this Article. in this section, the other rules relating to
to the legislative process. Paragraph 8. Appeals which, as a result of
veto, amendment or rejection of the bill annual budget, run out of expenses
may be used as appropriate. the case by special or additional credits,
with prior and specific legislative authorization. Paragraph 9. Individual amendments to the draft
budget law shall be approved within the limit 1.2% (one integer and two tenths per cent)
projected net current revenue forwarded by the Executive Branch, and
half of this percentage will go to public health actions and services.
(Included by Constitutional Amendment No. 86 of 2015) § 10. The execution of the amount intended
to public health actions and services provided for in § 9, including costing, shall be
computed for the purposes of compliance with I of § 2 of art. 198, the destination is prohibited
for payment of personnel or social charges. (Included by Constitutional Amendment No.
86 of 2015) § 11. Budget execution is compulsory
of the schedules referred to in § 9 of this article, in an amount corresponding to
1.2% (one integer and two tenths percent) net current revenue realized in the
previous year, according to the criteria for the fair execution of programming
supplementary law provided for in Paragraph 9 of art. 165. (Included by Amendment
86 of 2015) § 12. The performance guarantee referred to in
Paragraph 11 of this article also applies to schedules included by all amendments
of parliamentary bench initiative State or Federal District, in the amount of
up to one percent (1%) of current revenue realized in the previous year.
(Wording given by the Constitutional Amendment No. 100, of 2019) (Effective Production) (See)
(See) § 13. The planned budget programs
§§ 11 and 12 of this article shall not be enforceable in cases of impediments
of technical order. (Wording given by Amendment No. 100 of 2019) (Production
of effect) § 14. For the purposes of compliance with the
in paragraphs 11 and 12 of this article, the shall comply, in accordance with the
of the budget guidelines law, schedule for analysis and verification of any
scheduling impediments and other procedures necessary for the execution of the
their respective amounts. (Wording given Constitutional Amendment No. 100 of 2019)
(Effect Production) I – (repealed); (Wording given by Amendment
No. 100 of 2019) (Production of effect) II – (repealed); (Wording given by Amendment
No. 100 of 2019) (Production of effect) III – (repealed); (Wording given by Amendment
No. 100 of 2019) (Production of effect) IV – (repealed). (Wording given by Amendment
No. 100 of 2019) (Production of effect) § 15. (Repealed) (Wording given by Amendment
No. 100 of 2019) (Production of effect) § 16. When the mandatory transfer
Union for the implementation of the programming provided for in paragraphs 11 and 12 of this article
intended for States, the Federal District and Municipalities, will be independent of default
of the recipient federative entity and will not be the basis of calculation of net current revenue
for the purpose of applying expenditure ceilings of personnel dealt with in the caput of art. 169.
(Wording given by the Constitutional Amendment 100, of 2019) (Effective Production) § 17. Remains to be paid from the
budgetary programming provided for in Paragraphs 11 and 12 may be considered for
compliance with financial execution up to the limit of 0.6% (six tenths per cent)
net current revenue realized in the previous year for the schedules
individual amendments, and up to the limit of 0.5% (five tenths percent) for the schedules
of parliamentary bench initiative amendments State or Federal District. (Essay
Constitutional Amendment No. 100 of 2019) (Effect Production) § 18. If it is found that the re-estimation
revenue and expenditure may result in the non-compliance with fiscal result target
established in the budget guidelines law, the amounts provided for in paragraphs 11 and 12 of this
Article may be reduced by the same proportion of the limitation on
all other discretionary expenses. (Wording given by the Constitutional Amendment
100, of 2019) (Effective Production) § 19. Enforcement is considered equitable
of the obligatory schedules that meets objective and impartial criteria
and that meets equally and impersonally amendments submitted regardless of
of authorship. (Included by the Constitutional Amendment 100, of 2019) (Effective Production) § 20. The schedules referred to in § 12
of this article when dealing with the beginning investments lasting more than
1 (one) financial year or whose execution already started, should be object of
amendment by the same state bench every until the completion of the work or
venture. (Included by the Constitutional Amendment 100, of 2019) (Effective Production) Art. 167. The following are forbidden: I – the beginning of programs or projects
included in the annual budget law; II – the realization of expenses or the assumption
direct obligations that exceed credit budgetary or additional costs; III – credit operations
exceeding the amount of capital expenditure, except those authorized by means of credits
supplementary or special purpose need, approved by the Legislature
by absolute majority; IV – the tax revenue binding
agency, fund or expense, except for distribution of the proceeds from the collection of
taxes referred to in arts. 158 and 159, the allocation of resources to the actions
and public health services for maintenance and development of teaching and for achievement
of tax administration activities, as determined, respectively, by arts.
198, § 2, 212 and 37, XXII, and the provision guarantees to credit operations by
anticipation of revenue, provided for in art. 165, § 8, as well as the provisions of § 4
of this article; (Wording given by Amendment 42 of December 19, 2003) V – the opening of supplementary credit or
special without prior legislative authorization and without indication of the corresponding resources; VI – the transposition, relocation or
the transfer of resources from one category programming to another or an agency
to another, without prior legislative authorization; VII – the granting or use of credits
unlimited; VIII – the use, without legislative authorization
specific budget resources and social security to meet the need
or cover shortfalls in companies, foundations and funds, including those mentioned in art.
165, § 5th; IX – the institution of funds of any
nature without prior legislative authorization. X – the voluntary transfer of resources
and lending, including anticipated revenue by Governments
Federal and State and their institutions financial expenses for the payment of expenses
active, inactive and pensioner staff States, the Federal District and the Municipalities.
(Included by Constitutional Amendment No. 19, 1998) XI – the use of resources from
of the social contributions dealt with in art. 195, I, a, and II, for the realization
of expenses other than benefits payment of the general social security scheme of
that deals with art. 201. (Included by Amendment 20 of 1998) Paragraph 1 No investment whose execution
beyond one financial year may be initiated without prior inclusion in the
multiannual, or without law authorizing inclusion, under penalty of liability crime. Paragraph 2. The special and extraordinary credits
shall be effective in the financial year authorized, unless the act of
authorization has been enacted in recent four months of that year, in which case
reopened within the limits of their balances, shall be incorporated into the budget for the financial year
subsequent. Paragraph 3 The opening of extraordinary credit
will only be allowed to meet expenses unpredictable and urgent
of war, internal commotion or calamity subject to the provisions of art. 62. Paragraph 4 The linking of revenues is allowed.
generated by the taxes to which refer to arts. 155 and 156, and the resources
that arts. 157, 158 and 159, I, a and b and II for the provision of
counter-guarantee to the Union and for payment of debts to this. (Included by
Constitutional Amendment No. 3 of 1993) Paragraph 5 Transposition, relocation or
the transfer of resources from one category programming may be allowed,
within the scope of science, technology and innovation, with the objective of enabling
the results of projects restricted to these functions, by act of the Executive Power,
without prior legislative authorization provided for in item VI of this article. (Included
Constitutional Amendment No. 85 of 2015) Art. 168. The resources corresponding to the
budget appropriations, comprising supplementary and special credits intended for
the organs of the Legislative and Judiciary Powers, of the Public Prosecution Service and the Public Defender’s Office,
shall be delivered to them by the 20th of each month, in twelfths, in the form of the complementary law
referred to in art. 165, § 9th. (Essay Constitutional Amendment No. 45 of
2004) Art. 169. Expenditure on active and inactive personnel
Union, States, Federal District and Municipalities may not exceed the
limits established by complementary law. Paragraph 1. The granting of any advantage or
increased remuneration, job creation, jobs and functions or change of structure
as well as admission or hiring staff, by any means, by the bodies responsible for
and entities of direct or indirect administration, including foundations established and maintained
by the public authorities, can only be made: (Renumbered from sole paragraph by Amendment
19 of 1998) I – if there is previous budget allocation
enough to meet the projections of personnel expenses and its additions
arising; (Included by the Constitutional Amendment No. 19, 1998) II – if there is specific authorization in the
law of budgetary guidelines, except for public companies and economy societies
mixed (Included by the Constitutional Amendment No. 19, 1998) Paragraph 2 After the deadline established by law
referred to in this article for the adaptation to the parameters provided for therein,
all transfers will be immediately suspended federal or state funds to states,
Federal District and the Municipalities that do not comply with these limits. (Included
Constitutional Amendment No. 19 of 1998) Paragraph 3 To comply with the established limits
basis of this article during the period in the supplementary law referred to in the caput, the
States, Federal District and Municipalities shall take the following steps: (Included
Constitutional Amendment No. 19 of 1998) I – reduction of at least twenty percent
of expenses with committee positions and duties reliable; (Included by the Constitutional Amendment
No. 19, 1998) II – dismissal of unstable servers.
(Included by Constitutional Amendment No. 19, 1998) (See Constitutional Amendment no.
19, 1998) Paragraph 4. If the measures adopted on the basis of
previous paragraph are not sufficient to ensure compliance with the determination
supplementary law referred to in this article, the stable server may lose its position,
since motivated normative act of each of the Powers specify the functional activity,
the governing body or administrative unit of staff reduction. (Included by the Amendment
19 of 1998) § 5º The server that loses the position in the form
of the previous paragraph will be entitled to indemnity corresponding to one month of remuneration
per year of service. (Included by the Amendment 19 of 1998) Paragraph 6. The position subject to the planned reduction.
in the preceding paragraphs will be considered extinct, no creation of office, employment
or role with equal or similar assignments for a period of four years. (Included by
Constitutional Amendment No. 19 of 1998) Paragraph 7. Federal law shall provide for the rules
to be obeyed in the execution of the provisions of § 4. (Included by the Amendment
19 of 1998) TITLE VII Of the Economic and Financial Order CHAPTER I GENERAL PRINCIPLES OF ECONOMIC ACTIVITY Art. 170. The economic order, founded on the appreciation
human work and free enterprise, aims to ensure everyone’s existence
dignity, according to the dictates of social justice, following principles are observed: I – national sovereignty; II – private property; III – social function of property; IV – free competition; V – consumer protection; VI – protection of the environment, including through
differential treatment according to the impact products and services and their
elaboration and rendering processes; (Essay Constitutional Amendment No. 42 of
December 19, 2003) VII – reduction of regional inequalities
and social; VIII – search for full employment; IX – Favored treatment for companies
small businesses constituted under the laws Brazilian companies that have their headquarters and
in the Country. (Writing by the Constitutional Amendment No. 6 of 1995) Single paragraph. Everyone is assured of
free exercise of any economic activity, regardless of authorization from organs
except as provided by law. Art. 171. (Repealed by the Constitutional Amendment
No. 6 of 1995) Art. 172. The law shall discipline, based on the
national interest, capital investments will encourage reinvestments
and regulate the remittance of profits. Art. 173. Except for the cases provided for in this
Constitution, the direct exploitation of activity by the state will only be allowed
when necessary to safety imperatives relevant collective interest,
as defined by law. Paragraph 1. The law shall establish the legal status
of the public company, of the economy society and its subsidiaries that operate
economic activity of production or marketing goods or services, providing
on: (Writing by the Constitutional Amendment No. 19, 1998) I – its social function and forms of supervision
by the state and society; (Included by Constitutional Amendment No. 19 of 1998) II – the subjection to the proper legal regime
private companies, including the civil, commercial rights and obligations,
labor and tax matters; (Included by Constitutional Amendment No. 19 of 1998) III – bidding and contracting of works,
services, purchases and disposals, observed the principles of public administration;
(Included by Constitutional Amendment No. 19, 1998) IV – the constitution and operation of the
board of directors and supervisory board with the participation of minority shareholders;
(Included by Constitutional Amendment No. 19, 1998) V – the mandates, the performance evaluation
and the liability of managers. Constitutional Amendment No. 19 of 1998) Paragraph 2. Public companies and corporations
economy may not enjoy privileges not extended to those of the private sector. Paragraph 3. The law shall regulate relations
public enterprise with the state and society. Paragraph 4. The law shall repress the abuse of economic power.
aimed at market domination, the elimination of competition and arbitrary increase
of profits. Paragraph 5. The law, without prejudice to the liability
directors of the legal entity, shall establish its liability by subjecting it to
punishments compatible with their nature, in acts against the economic order
and financial and against the popular economy. Article 174. As a regulatory and regulatory agent
economic activity, the State will exercise under the law, the supervisory functions,
encouragement and planning. for the public sector and indicative for
private sector. Paragraph 1. The law shall establish the guidelines and
bases of national development planning which will incorporate and make compatible
national and regional development plans. Paragraph 2. The law shall support and encourage cooperativism.
and other forms of associativism. Paragraph 3. The State shall favor the organization
mining activity in cooperatives, leading to regard to environmental protection and
economic and social promotion of prospectors. Paragraph 4. The cooperatives referred to in paragraph
will have priority in the authorization or concession for research and mining of resources
and mines of mines in the areas where they are acting, and those fixed in
according to art. 21, XXV, as provided by law. Article 175. It is incumbent upon the Government, as
directly or under a concession regime. or permission, always through bidding,
the provision of public services. Single paragraph. The law will provide for: I – the regime of the concessionary companies
and permission holders of public services, the special character of your contract and your
extension as well as the conditions of expiry, supervision and termination of
grant or permission; II – the rights of users; III – tariff policy; IV – the obligation to maintain adequate service. Art. 176. The deposits, whether or not mined, and
other mineral resources and the potentials of hydropower constitute the property
other than soil for the purpose of exploitation or exploitation, and belong to the Union,
The concessionaire is guaranteed from the mining product. Paragraph 1. Research and Mining of Mineral Resources
and harnessing the potentials referred to in the “caput” of this article may only
be made by authorization or concession Union, in the national interest, by Brazilians
or company incorporated under Brazilian law and which has its headquarters and administration in
Country, in accordance with the law, which shall the specific conditions when these activities
develop in a border range or indigenous lands. (Wording given by Amendment
6 of 1995) Paragraph 2 – Participation is assured to the owner
soil in the mining results, in the form and as much as the law provides. Paragraph 3. The search authorization shall always be
for a specified period and the authorizations and concessions provided for in this article
may be transferred or transferred, in full or partially, without prior consent of the
granting power. Paragraph 4. It shall not depend on authorization or
granting the potential of renewable energy of reduced capacity. Art. 177. The following constitute a monopoly of the Union: I – research and mining of oil deposits
and natural gas and other fluid hydrocarbons; II – the refining of national or
foreign; III – import and export of products
and basic derivatives resulting from the activities provided for in the previous items; IV – the maritime transport of crude oil
of national origin or basic derivatives oil produced in the country, as well as
the transportation by pipeline of oil crude oil, its derivatives and natural gas of any
source; V – research, mining, enrichment,
reprocessing, industrialization and trade in nuclear ores and minerals
and their derivatives, except radioisotopes whose production, marketing and use
may be authorized under permission, according to subparagraphs b and c of item XXIII
caput of art. 21 of this Federal Constitution. (Wording given by the Constitutional Amendment
No. 49 of 2006) Paragraph 1. The Union may contract with companies
state or private organizations the performance of provided for in items I to IV of this Article
conditions established in accordance with law. (Wording given by the Constitutional Amendment
No. 9, 1995) Paragraph 2. The law referred to in paragraph 1 shall provide
About: (Included by the Constitutional Amendment No. 9, 1995) I – the guarantee of the supply of derivatives
of oil throughout the national territory; (Included by Constitutional Amendment No.
9, 1995) II – the contracting conditions; (Included
Constitutional Amendment No. 9 of 1995) III – the structure and attributions of the organ
regulator of the Union monopoly; (Included Constitutional Amendment No. 9 of 1995) Paragraph 3. The law shall provide for the transportation and
the use of radioactive materials in the National territory. (Renumbered from § 2 nd
to 3rd by Constitutional Amendment 9, 1995) Paragraph 4. The law that institutes contribution
intervention in the relative economic domain import or marketing activities
of petroleum and its derivatives, natural gas and its derivatives and fuel alcohol shall
meet the following requirements: (Included Constitutional Amendment No. 33 of 2001) I – the contribution rate may
be: (Included by the Constitutional Amendment No. 33 of 2001) a) differentiated by product or use; (Included
Constitutional Amendment No. 33 of 2001) b) reduced and reestablished by act of the
Executive Board, and the provisions of this in art. 150, III, b; (Included by the Amendment
33 of 2001) II – the funds raised will be destined:
(Included by Constitutional Amendment No. 33 of 2001) (a) the payment of price subsidies or
fuel alcohol transport, natural gas and its derivatives and petroleum derivatives;
(Included by Constitutional Amendment No. 33 of 2001) b) financing of environmental projects
related to the oil industry and gas; (Included by the Constitutional Amendment
No. 33 of 2001) c) the financing of infrastructure programs
of transport. (Included by the Constitutional Amendment No. 33 of 2001) Article 178. The law shall provide for the ordination
air, water and land transport, with regard to the ordering of transport
comply with the agreements signed Union, having regard to the principle of reciprocity.
(Wording given by the Constitutional Amendment No. 7, 1995) Single paragraph. In transportation ordering
the law shall lay down the conditions where the carriage of goods by cabotage
and inland navigation can be done by foreign vessels. (Included
Constitutional Amendment No. 7 of 1995) Article 179. The Union, the States, the District
Federal Government and the Municipalities micro and small businesses,
as defined by law, legal treatment with a view to encouraging them by
simplification of its administrative obligations, tax, social security and credit,
or by eliminating or reducing them by means of law. Art. 180. The Union, the States, the District
Federal and Municipalities will promote and encourage tourism as a factor of social development
and economical. Art. 181. The fulfillment of requests for
commercial document or information, made by an administrative or judicial authority
foreign person, the natural or legal person resident or domiciled in the country will depend
authorization by the competent authority. CHAPTER II URBAN POLICY Art. 182. The urban development policy,
performed by the municipal government, as general guidelines laid down by law is
order to order the full development of the social functions of the city and to ensure the
being of its inhabitants. Paragraph 1. The master plan, approved by the Chamber
Municipal, mandatory for cities with more of twenty thousand inhabitants, is the instrument
development policy and of urban sprawl. Paragraph 2. Urban property fulfills its function.
when it meets the fundamental requirements of city ordinance expressed in the plan
director. Paragraph 3. Expropriations of urban real estate
will be made with prior and fair compensation in cash. Paragraph 4. The municipal public authorities may
specific area-specific law at the master level, require, under the law
of the urban landowner does not built, underused or unused,
that promotes its proper utilization, under successive penalty of: I – compulsory installment or building; II – property tax and
progressive urban territorial development over time; III – expropriation with payment through
previously issued public debt securities approved by the Federal Senate, with a term of
redemption of up to ten years, in annual installments, equal and successive, ensuring the real value
compensation and legal interest. Art. 183. He who has as his area
up to two hundred and fifty meters square for five years uninterruptedly
and unopposed, using it for their home or your family, will get you the domain,
as long as you don’t own another urban or rural property. § 1 The domain title and the concession
of use shall be conferred upon men or women, or both, regardless of marital status. Paragraph 2. This right shall not be recognized.
to the same possessor more than once. Paragraph 3. Public real estate shall not be acquired.
by adverse possession. CHAPTER III AGRICULTURAL AND RIVER POLICY AND REFORM
AGRARIA Art. 184. It is incumbent upon the Union to expropriate for
social interest for land reform purposes, the rural property that is not fulfilling
their social function, through prior and fair compensation on agrarian debt securities,
with real value preservation clause, redeemable within up to twenty years,
from the second year of its issue, and whose use will be defined by law. Paragraph 1. Useful and necessary improvements
will be compensated in cash. Paragraph 2. The decree declaring the property as
of social interest, for the purposes of authorizes the Union to propose action
of expropriation. Paragraph 3. The complementary law shall establish
special contradictory procedure summary, for the judicial process of expropriation. Paragraph 4. The budget shall fix annually the volume
total agrarian debt securities, as well as as the amount of resources to meet the
land reform program in the year. Paragraph 5. Are exempt from federal taxes,
state and municipal transfer operations of expropriated real estate for refurbishment purposes
agrarian. Art. 185. They are not susceptible to expropriation.
for land reform purposes: I – the small and medium rural property,
as defined by law provided that its owner have no other; II – the productive property. Single paragraph. The law will guarantee treatment
productive property and will fix standards for compliance with the requirements
your social function. Art. 186. The social function is fulfilled when
the rural property simultaneously meets according to established criteria and degree of requirement
by law to the following requirements: I – rational and adequate use; II – proper use of natural resources
available and environmental preservation; III – compliance with the provisions governing
labor relations; IV – exploitation that favors welfare
owners and workers. Art. 187. The agricultural policy will be planned
and executed in accordance with the law, with the participation of the production sector, involving
farmers and rural workers, as well as marketing, storage
and transport, taking into account in particular: I – credit and tax instruments; II – prices compatible with costs
production and the guarantee of marketing; III – the incentive to research and technology; IV – technical assistance and rural extension; V – agricultural insurance; VI – cooperativism; VII – rural electrification and irrigation; VIII – housing for the rural worker. § 1 Included in agricultural planning
the agro-industrial activities, agriculture, fishing and forestry. Paragraph 2. The actions shall be made compatible
agricultural policy and land reform. Art. 188. The destination of public lands
and vacant will be made compatible with the policy with the national reform plan
agrarian. Paragraph 1. The alienation or concession, to any
title, of public land with a higher area to two and a half thousand hectares the person
physical or legal, even if interposed person, will depend on prior approval
of the National Congress. Paragraph 2 Except as provided in paragraph
prior to the divestitures or concessions public land for land reform purposes. Art. 189. The beneficiaries of the distribution
of rural real estate by agrarian reform will receive domain or concession titles,
non-negotiable for ten years. Single paragraph. The domain title and
the concession of use shall be conferred upon man or the woman, or both, regardless
of marital status, under the terms and conditions provided by law. Article 190. The law shall regulate and limit the acquisition
or the lease of rural property by foreign individual or legal entity and
establish the cases which will depend on authorization from the National Congress. Art. 191. He who, not being an owner
rural or urban property, own as your own, for five uninterrupted years without opposition,
land area, in rural area, not higher fifty hectares, making it productive
for your work or your family, taking in it your house, will acquire the property to him. Single paragraph. Public real estate is not
will be acquired by adverse possession. CHAPTER IV OF THE NATIONAL FINANCIAL SYSTEM Art. 192. The national financial system, structured
in order to promote balanced development serve the interests of the community,
in all its component parts, covering credit unions will be regulated
by complementary laws that will even provide on foreign capital participation
in the institutions that integrate it. (Essay Constitutional Amendment No. 40 of
2003) I – (Repealed). (Wording given by Amendment
40 of 2003) II – (Repealed). (Wording given by Amendment
40 of 2003) III – (Repealed) (Wording given by Amendment
40 of 2003) a) (Repealed) (Wording given by Amendment
40 of 2003) b) (Repealed) (Wording given by Amendment
40 of 2003) IV – (Repealed) (Wording given by Amendment
40 of 2003) V – (Repealed) (Wording given by Amendment
40 of 2003) VI – (Repealed) (Wording given by Amendment
40 of 2003) VII – (Repealed) (Wording given by Amendment
40 of 2003) VIII – (Repealed) (Wording given by Amendment
40 of 2003) Paragraph 1 – (Repealed) (Wording given by Amendment
40 of 2003) Paragraph 2 – (Repealed) (Wording given by Amendment
40 of 2003) Paragraph 3 – (Repealed) (Wording given by Amendment
40 of 2003) TITLE VIII Social Order CHAPTER I GENERAL PROVISION Art. 193. The social order is based on the primacy
of work, and as a goal the well-being and the social justice. CHAPTER II SOCIAL SECURITY Section I GENERAL PROVISIONS Article 194. Social security comprises a
integrated set of initiative actions public authorities and society, aimed at
to ensure health rights, social security and welfare. Single paragraph. It is up to the Government,
under the law, organize security based on the following objectives: I – universality of coverage and care; II – uniformity and equivalence of benefits
and services to urban and rural populations; III – selectivity and distributiveness in the provision
benefits and services; IV – irreducible value of benefits; V – equity in the form of participation in the
costing; VI – diversity of the funding base; VII – democratic and decentralized character
administration through quadripartite management, with the participation of workers,
employers, retirees and government in the collegiate organs. (Wording given by
Constitutional Amendment No. 20 of 1998) Art. 195. The social security will be financed
throughout society, directly and indirectly, under the law, by means of resources from
budgets of the Union, the States, the Federal District and Municipalities, and
following social contributions: I – the employer, the company and the entity
equivalent to it in the form of the law, incidents on: (Writing by the Constitutional Amendment
No. 20, 1998) a) payroll and other income
paid or credited at any time. title to the natural person who provides
service, even without employment; (Included by Constitutional Amendment No.
20, 1998) b) revenue or invoicing; (Included
Constitutional Amendment No. 20 of 1998) c) the profit; (Included by the Constitutional Amendment
No. 20, 1998) II – worker and other insured
social security, with no contribution to the on retirement and pension granted by the
general social security scheme of which treats art. 201; (Wording given by Amendment
20 of 1998) III – on revenue from prognostic contests. IV – the importer of goods or services of the
outside or whose law equates it. (Included by Constitutional Amendment No.
42, 12.19.2003) § 1 – The revenues of the States, of the District
Federal and Municipalities for Security will appear in their budgets,
not part of the Union budget. Paragraph 2. The security budget proposal
will be elaborated in an integrated way by the bodies responsible for health,
social security and social assistance, in view of the goals and priorities established
in the budget guidelines law, ensured each area the management of its resources. Paragraph 3. The legal entity in debt with the
social security system as established cannot contract with the
Public or receive benefits or incentives from it tax or credit. Paragraph 4. The law may establish other sources
designed to ensure the maintenance or expansion of social security, subject to the provisions of
in art. 154, I. Paragraph 5 No security benefit or service
may be created, augmented or extended without the corresponding source of total cost. Paragraph 6. The social contributions referred to in
this article may only be required after ninety days after the date of publication
the law that instituted or modified them, the provisions of art.
150, III, “b”. Paragraph 7. They are exempt from contribution to
social security the charities social assistance services that meet the requirements
established by law. Paragraph 8. The producer, the partner, the sharecropper and
the rural tenant and the artisanal fisherman, as well as their spouses
family-based activities, without permanent employees, will contribute to
to social security by applying an aliquot on the trading result
production and will live up to the benefits under the law. (Wording given by Amendment
20 of 1998) Paragraph 9 The social contributions provided
in item I of the caput of this article may have different rates or bases of calculation,
because of economic activity, the use of labor-intensive, enterprise-sized
or the structural condition of the job. (Wording given by the Constitutional Amendment
No. 47 of 2005) § 10. The law shall define the transfer criteria
resources for the single health system and Union social assistance actions
for the States, the Federal District and the Municipalities, and from States to Municipalities, observed
the corresponding consideration of resources. (Included Constitutional Amendment No. 20 of 1998) § 11. Remission may not be granted.
or amnesty of the social contributions of which deal with items I, a, and II of this article,
for debts in excess of the amount fixed in complementary law. (Included by the Amendment
20 of 1998) § 12. The law shall define the sectors of activity
for which the contributions incidents in the form of items I, b; and IV
caput, will be non-cumulative. (Included Constitutional Amendment No. 42 of December 19, 2003) § 13. The provisions of § 12 apply.
in the event of gradual, total replacement contribution, in part or in part, to the
item I, a, for the incident on the revenue or billing. (Included by
Constitutional Amendment No. 42 of 12/19/2003) Section II OF HEALTH Art. 196. Health is everyone’s right and duty
guaranteed by social policies and economic measures aimed at reducing risk
disease and other diseases and access to universal and equal to actions and services
for your promotion, protection and recovery. Art. 197. Of public relevance are the
health actions and services. Government has, in accordance with the law,
about its regulation, supervision and control, and its execution should be done
directly or through third parties and also by an individual or legal entity
private. Art. 198. Public actions and services
are part of a regionalized network and hierarchical and constitute a single system,
organized according to the following guidelines: I – decentralization, with single direction
in each sphere of government; II – comprehensive care, with priority
preventive activities, without prejudice to of care services; III – community participation. § 1 The single health system will be funded,
pursuant to art. 195 with budget resources social security, the Union, the States,
Federal District and Municipalities, as well as from other sources. (Renumbered Sole Paragraph
to § 1 by Constitutional Amendment no. 29, 2000) Paragraph 2. The Union, the States, the Federal District
and the Municipalities will annually apply in public health actions and services resources
minimums derived from the application of percentages (Included by the Constitutional Amendment
No. 29 of 2000) I – in the case of the Union, current revenue
respective financial year, not less than 15% (fifteen per
percent); (Wording given by the Constitutional Amendment No. 86 of 2015) II – in the case of States and the Federal District,
the product of tax collection to referred to in art. 155 and the resources of
that deal with arts. 157 and 159, item I, point a, and item II, less the installments that
transferred to the respective municipalities; (Included by Constitutional Amendment No.
29, 2000) III – in the case of the Municipalities and the District
Federal, the product of tax collection referred to in art. 156 and resources
that arts. 158 and 159, item I, point b and § 3 (Included by the
No 29 of 2000) Paragraph 3 Complementary Law, which will be reevaluated
At least every five years, it shall establish: (Included Constitutional Amendment No. 29 of 2000) I – the percentages dealt with in items
II and III of § 2; (Wording given by Amendment 86 of 2015) II – the resources apportionment criteria
health-related Union States, the Federal District and the Municipalities,
and the States intended for their respective Municipalities, aiming at the progressive reduction
regional disparities; (Included by Constitutional Amendment No. 29 of 2000) III – the rules of supervision, evaluation
and control of health expenses in the spheres federal, state, district and municipal;
(Included by Constitutional Amendment No. 29, 2000) IV – (repealed). (Wording given by Amendment
86 of 2015) § 4 The local managers of the single system
may admit community agents health and endemic control agents
through a public selection process, according to the nature and complexity of their
specific duties and requirements for your acting. (Included by the Constitutional Amendment
No. 51 of 2006) Paragraph 5 Federal law shall provide for the regime
the national professional salary floor, Guidelines for Career Plans and
the regulation of agent activities community health and combat agent
endemic diseases, the Union competing with provide supplementary financial assistance
States, the Federal District and the Municipalities, compliance with said salary floor.
(Wording given by the Constitutional Amendment 63 of 2010) Regulation Paragraph 6. In addition to the hypotheses provided for in Paragraph 1
of art. 41 and § 4 of art. 169 of the Constitution Federal, the server performing duties
equivalent to those of a Community health or endemic control agent
may lose office in the event of non-compliance specific requirements laid down by law,
for your exercise. (Included by the Amendment 51 of 2006) Art. 199. Health care is free
to private enterprise. Paragraph 1. Private institutions may
participate in a complementary way to the according to its guidelines,
by public contract or agreement, having preference to philanthropic entities
and the nonprofit. Paragraph 2. The allocation of resources is prohibited.
aid or grants to private for-profit institutions. Paragraph 3 – Direct participation is prohibited
or indirect by foreign companies or capital in health care in the country, except
in the cases provided by law. Paragraph 4. The law shall provide for the conditions
and the requirements that facilitate removal of human organs, tissues and substances
for transplantation, research and treatment purposes, as well as collection, processing and transfusion
blood and blood products, and all type of marketing. Art. 200. It is up to the single health system to
in addition to other attributions pursuant to of law: I – control and supervise procedures,
products and substances of interest to health and participate in the production of medicines,
equipment, immunobiological, blood products and other inputs; II – perform sanitary surveillance actions
and epidemiological as well as health worker; III – order the formation of human resources
in the health area; IV – participate in policy formulation
and the execution of sanitation actions basic; V – increase, in its area of ​​operation,
scientific and technological development and innovation; (Wording given by Amendment
85 of 2015) VI – supervise and inspect food, comprised of
controlling their nutritional content as well as drinks and water for human consumption; VII – participate in control and supervision
production, transport, storage and use of psychoactive, toxic substances and products
and radioactive; VIII – collaborate in the protection of the environment,
understood in him that of work. Section III SOCIAL PROTECTION Art. 201. The social security will be organized
in the form of a general contributory scheme and mandatory membership, subject to
preserve the financial and actuarial balance, and shall comply, under the law, with:
Constitutional Amendment No. 20 of 1998) I – coverage of illness, disability,
death and old age; (Wording given by Constitutional Amendment No. 20 of 1998) II – maternity protection, especially
to the pregnant woman; (Wording given by the Constitutional Amendment No. 20, 1998) III – protection to the worker in situation
involuntary unemployment; (Wording given Constitutional Amendment No. 20 of 1998) IV – family allowance and imprisonment allowance
for the dependents of the low insured income; (Wording given by the Constitutional Amendment
No. 20, 1998) V – pension for death of the insured, man or
woman, spouse or partner and dependents, subject to the provisions of § 2. (Essay
Constitutional Amendment No. 20 of 1998) Paragraph 1. The adoption of requirements is prohibited.
and different criteria for granting retirement to the beneficiaries of the scheme
general social security, except cases of activities carried out under conditions
special hazards to the health or integrity of and when dealing with insured persons with
disability, as defined by law complementary. (Wording given by Amendment
47 of 2005) Paragraph 2 No benefit that replaces the salary
contribution or income from work of the insured will have a monthly value lower than
minimum wage. (Wording given by Amendment 20 of 1998) Paragraph 3 All contribution salaries
considered for the benefit calculation shall be duly updated in accordance with
law. (Wording given by the Constitutional Amendment No. 20, 1998) Paragraph 4. The readjustment of benefits is ensured.
to preserve them permanently the actual value according to defined criteria
in law. (Wording given by the Constitutional Amendment No. 20, 1998) Paragraph 5. Membership in the general regime is prohibited.
social security, as an insured optional person of a scheme participant
own social security. (Wording given Constitutional Amendment No. 20 of 1998) Paragraph 6. The Christmas bonus of retirees
and pensioners will be based on the value of proceeds of December of each year.
(Wording given by the Constitutional Amendment No. 20, 1998) Paragraph 7 – Retirement under the regime
social security scheme, in accordance with subject to the following conditions:
(Wording given by the Constitutional Amendment No. 20, 1998) I – thirty-five years of contribution,
if man, and thirty years of contribution, if woman; (Included given by Constitutional Amendment
No. 20, 1998) II – sixty-five years old, if male,
and sixty years old, if female, reduced in five years the limit for workers
both male and female rural workers. family-based activities,
these included the rural producer, the prospector and the artisanal fisherman. (Included given by
Constitutional Amendment No. 20 of 1998) Paragraph 8. The requirements referred to in item
I of the previous paragraph will be reduced in five years for the teacher who proves
exclusively effective exercise time of teaching functions in education
elementary and middle school. (Wording given by the Constitutional Amendment
No. 20, 1998) Paragraph 9. For retirement purposes, the following
the reciprocal count of the contribution time in public administration and activity
private, rural and urban the various social security schemes
will be financially compensated according to established by law. (Included given by
Constitutional Amendment No. 20 of 1998) § 10. Law will discipline risk coverage
occupational accident, to be met concurrently by the general social security scheme and
by the private sector. (Included by Amendment 20 of 1998) § 11. The employee’s usual earnings, the
any title, will be incorporated into the salary for social security contribution
and consequent repercussion on benefits, in the cases and in the form of the law. (Included given
Constitutional Amendment No. 20 of 1998) § 12. Law shall provide for special system
social security inclusion to meet to low-income workers and those
without own income that are exclusively dedicated domestic work in the framework of your residence,
provided they belong to low-income families income, guaranteeing them access to benefits
equal to one minimum wage. (Essay Constitutional Amendment No. 47 of
2005) § 13. The Special System of Social Security Inclusion
referred to in § 12 of this article will have tax rates and deficiencies lower than those prevailing for
the other insureds of the general pension scheme Social. (Included by the Constitutional Amendment
No. 47 of 2005 Article 202. The private pension scheme,
complementary and organized in a way autonomous from the general scheme of
social security, will be optional, based on in the constitution of reserves that guarantee
the benefit contracted, and regulated by law complementary. (Wording given by Amendment
20 of 1998) Paragraph 1. The complementary law referred to in this
Article shall ensure that the participant of benefits of social security entities
full access to information concerning the management of their respective plans. (Essay
Constitutional Amendment No. 20 of 1998) § 2 The contributions of the employer, the
benefits and the contractual conditions provided in the bylaws, regulations and benefit plans
private pension entities part of the participants’ employment contract,
as well as, with the exception of the benefits granted, not part of the participants’ remuneration,
under the law. (Wording given by Amendment 20 of 1998) Paragraph 3. The contribution of resources to an entity is prohibited.
social security by the Union, States, Federal District and Municipalities, their municipalities,
foundations, public companies, companies mixed economy and other public entities,
except as a sponsor, situation in which, under no circumstances, its contribution
normal may exceed that of the insured. (Included Constitutional Amendment No. 20 of 1998) Paragraph 4. Complementary Law shall discipline the relationship
between the Union, States, Federal District or Municipalities, including their municipalities,
foundations, joint stock companies and directly or indirectly controlled companies,
as sponsors of closed entities private pension fund and their respective
closed private pension entities. (Included by Constitutional Amendment No.
20, 1998) Paragraph 5. The complementary law referred to in paragraph
shall apply, as appropriate, to the permissionary or concessionary private companies
provision of public services when sponsors of closed social security entities
toilet. (Included by the Constitutional Amendment No. 20, 1998) Paragraph 6. The complementary law to which it refers
§ 4 of this article will establish the requirements for the appointment of board members
of closed private pension entities and discipline the insertion of participants
in the collegiate and decision-making that their interests are the subject of discussion
and deliberation. (Included by the Constitutional Amendment No. 20, 1998) Section IV SOCIAL ASSISTANCE Art. 203. Social assistance will be provided
who needs it regardless contribution to social security, and
aims to: I – the protection of the family, maternity,
to childhood, adolescence and old age; II – the protection of children and adolescents
needy; III – promoting market integration
of work; IV – the qualification and rehabilitation of
people with disabilities and the promotion integration into community life; V – the guarantee of a minimum benefit salary
to the disabled person and the elderly who prove that they have no means
to provide for its own maintenance or to have it provided by your family as you may wish
the law. Art. 204. Governmental actions in the area
social assistance will be carried out with social security budget resources,
provided for in art. 195, in addition to other sources, and organized based on the following guidelines: I – political-administrative decentralization,
coordination and general rules federal sphere and the coordination and enforcement
respective programs to the state spheres as well as to charities
and social assistance; II – population participation, through
representative organizations in the formulation policies and control of actions in
all levels. Single paragraph. States may
and the Federal District bind the program to support social inclusion and promotion
up to five tenths percent of your revenue net taxation, the application of
of these features in the payment of: (Included Constitutional Amendment No. 42 of December 19, 2003) I – personnel expenses and social charges;
(Included by Constitutional Amendment No. 42, 12.19.2003) II – debt service; (Included by
Constitutional Amendment No. 42 of 12/19/2003) III – any other current expenses not
directly linked to investments or actions supported. (Included by the Constitutional Amendment
42 of December 19, 2003) CHAPTER III EDUCATION, CULTURE AND SPORT Section I EDUCATION Art. 205. Education, the right of all and
State and family duty will be promoted and encouraged with the collaboration of society,
aiming at the full development of the person, your preparation for the exercise of citizenship
and your qualification for the job. Art. 206. The teaching will be given based on
following principles: I – Equal conditions for access
and stay in school; II – freedom to learn, teach, research
and disseminate thought, art and knowledge; III – pluralism of ideas and conceptions
and coexistence of institutions public and private education; IV – free public education in establishments
officers; V – appreciation of education professionals
guaranteed, in accordance with the law, career, with admission exclusively by
public examination of evidence and titles, to public networks; (Wording given by
Constitutional Amendment No. 53 of 2006) VI – democratic management of public education,
in the form of the law; VII – guarantee of quality standard. VIII – national professional salary floor
for school education professionals under federal law. (Included
Constitutional Amendment No. 53 of 2006) Single paragraph. The law shall provide for
categories of workers considered to be professionals of basic education and on setting
deadline for the elaboration or adequacy career plans within the framework of
Union, the States, the Federal District and of the Municipalities. (Included by the Constitutional Amendment
No. 53 of 2006) Art. 207. The universities enjoy autonomy
scientific, administrative and financial and asset management, and will
to the principle of inseparability between teaching, research and extension. Paragraph 1. Universities are allowed to admit
foreign teachers, technicians and scientists, in the form of the law. (Included by the Constitutional Amendment
No. 11, 1996) Paragraph 2. The provisions of this article shall apply to
scientific and technological research institutions. (Included by Constitutional Amendment No.
11, 1996) Article 208. The State’s Duty with Education
will be effected by the guarantee of: I – Compulsory and free basic education
from 4 (four) to 17 (seventeen) years of age, including your free gift
for all who did not have access to it at one’s age; (Wording given by Amendment
59 of 2009) (See Amendment 59 of 2009) II – progressive universalization of education
free medium; (Wording given by Amendment 14 of 1996) III – specialized educational assistance
to persons with disabilities, preferably in the regular school system; IV – early childhood education, in kindergarten and preschool,
children up to five (5) years old; (Wording given by the Constitutional Amendment
No. 53 of 2006) V – access to the highest levels of education,
research and artistic creation, according to the capacity of each one; VI – provision of regular, appropriate evening teaching
the conditions of the student; VII – attendance to the student, in all
stages of basic education through supplementary school material programs,
transportation, food and Cheers. (Wording given by the Constitutional Amendment
No. 59 of 2009) § 1 Access to compulsory and free education
It is subjective public law. Paragraph 2. Failure to offer compulsory education
by the Government, or its irregular offer, responsibility of the competent authority. Paragraph 3. It is incumbent upon the Public Power to register
learners in elementary school, make them call and care for parents or guardians,
by attendance at school. Art. 209. The teaching is free to the initiative
the following conditions are met: I – compliance with the general norms of education
national; II – Authorization and quality assessment
by the Government. Art. 210. Minimum contents will be fixed
for elementary school so as to ensure common basic training and respect for values
national and regional cultural and artistic § 1 The religious teaching, of optional enrollment,
will constitute discipline of normal hours of public elementary schools. Paragraph 2. Regular elementary education shall be
taught in Portuguese, assured indigenous communities also the use of
their mother tongues and their own processes of learning. Article 211. The Union, the States, the District
Federal and Municipalities will organize in a of collaboration their education systems. Paragraph 1. The Union shall organize the federal system.
Territories will finance the federal public educational institutions
and shall exercise, in educational matters, redistributive and supplementary measures to
equalization of educational opportunities and minimum standard of quality of education through
technical and financial assistance to States, the Federal District and the Municipalities; (Essay
Constitutional Amendment No. 14 of 1996) Paragraph 2. The Municipalities shall act primarily
in elementary and early childhood education. (Wording given by the Constitutional Amendment
No. 14, 1996) Paragraph 3. The States and the Federal District shall act
primarily in primary and secondary education. (Included by Constitutional Amendment No.
14 of 1996) Paragraph 4. In the organization of their
education, the Union, the States, the Federal District and the municipalities will define forms of collaboration,
to ensure the universalization of the compulsory education. (Wording given by
Constitutional Amendment No. 59 of 2009) § 5º The public basic education will attend
priority to regular education. (Included Constitutional Amendment No. 53 of 2006) Article 212. The Union shall annually apply
never less than eighteen, and the States, the District Federal and the Municipalities twenty-five per
at least one hundred percent of the revenue from taxes, including transfers,
in the maintenance and development of education. Paragraph 1. The portion of the tax collection
transferred by the Union to the States, the District Federal and Municipalities, or by the States
respective Municipalities, is not considered, for the purpose of the calculation provided for in this Article,
government revenue that transfers it. Paragraph 2. For the purpose of compliance with the provisions
in the “caput” of this article, will be considered federal, state and local education systems
and the resources applied in the form of art. 213 Paragraph 3. The distribution of public resources
ensure priority in meeting the needs of requirements of compulsory education as
refers to universalization, guarantee of standard of quality and equity, in accordance with
of the national education plan. (Essay Constitutional Amendment No. 59 of
2009) Paragraph 4. Supplementary feeding programs
and health care provided for in art. 208, VII, shall be financed from
from social contributions and other budgetary resources. Paragraph 5. Public basic education shall have
as an additional source of funding the contribution education salary, collected by the
companies in the form of the law. (Wording given Constitutional Amendment No. 53 of 2006) Paragraph 6. The state and municipal quotas of the
collection of the social contribution of education salary will be distributed proportionally
to the number of students enrolled in education their respective public networks.
teaching. (Included by the Constitutional Amendment No. 53 of 2006) Article 213. The public resources will be destined
public schools and may be directed to to community, confessional or
philanthropic acts defined by law that: I – prove non-profit purpose and
apply their financial surpluses in education; II – ensure the destination of their assets
to another philanthropic community school or confessional, or the Government, in the
case of closure of its activities. Paragraph 1 – The resources referred to in this article
may be earmarked for scholarships for elementary and high school in the form
for those who demonstrate insufficient resources when there is a lack of vacancies
and regular public school courses in the locality of the student’s residence, the Power
Public obliged to invest primarily expanding your network in the locality. Paragraph 2. The research activities, of extension
and stimulating and fostering innovation carried out by universities and / or institutions
of vocational and technological education may receive financial support from the
Public. (Wording given by the Constitutional Amendment No. 85 of 2015) Article 214. The law shall establish the national plan
of ten-year education with the aim of articulate the national system of
collaborative education and define guidelines, objectives, goals and strategies
implementation to ensure maintenance and development of teaching in its various
levels, stages and modalities through integrated actions of the public authorities of
different federative spheres leading a: (Wording given by Constitutional Amendment
No. 59 of 2009) I – eradication of illiteracy; II – universalization of school attendance; III – improvement of the quality of education; IV – training for work; V – humanistic, scientific and
the country’s technological VI – Application Goal Setting
public resources in education as a proportion of of gross domestic product. (Included by
Constitutional Amendment No. 59 of 2009) Section II OF CULTURE Article 215. The State shall guarantee to all the full
exercise of cultural rights and access sources of national culture, and will support
and encourage the appreciation and diffusion of cultural manifestations. Paragraph 1. The State shall protect the manifestations
popular, indigenous and Afro-Brazilian cultures, and those of other groups participating in the process
national civilization. 2º The law shall provide for the setting of dates
commemorative the different national ethnic segments. 3º The law shall establish the National Plan for
Culture, of multiannual duration, aiming at cultural development of the country and
integration of government actions leading to: (Included by the Constitutional Amendment
No. 48 of 2005) I defense and appreciation of cultural heritage
Brazilian; (Included by the Constitutional Amendment No. 48 of 2005) II production, promotion and diffusion of goods
cultural; (Included by the Constitutional Amendment No. 48 of 2005) III training of qualified personnel to
the management of culture in its multiple dimensions; (Included by Constitutional Amendment No.
48 of 2005) IV democratization of access to
culture; (Included by the Constitutional Amendment No. 48 of 2005) V appreciation of ethnic and regional diversity.
(Included by Constitutional Amendment No. 48 of 2005) Art. 216. Constitute cultural heritage
goods of a material nature and immaterial, taken individually or together,
bearers of reference to identity, the memory of the different groups
Brazilian society, in which include: I – the forms of expression; II – the ways of creating, doing and living; III – the scientific, artistic creations
and technological; IV – the works, objects, documents, buildings
and other spaces for demonstrations artistic and cultural; V – the urban complexes and places of value
historical, scenic, artistic, archaeological, paleontological, ecological and scientific. § 1 The Government, with the collaboration
community, promote and protect the heritage Brazilian cultural heritage through inventories,
records, surveillance, tipping and expropriation, and other forms of caution and preservation. Paragraph 2. The public administration,
as required by law, the management of government and the arrangements for franchising
your consultation to as many as need it. Paragraph 3. The law shall establish incentives for
production and knowledge of goods and values cultural Paragraph 4. Damage and threats to property
shall be punished in accordance with the law. § 5º All documents are overturned
and sites reminiscent of of the ancient quilombos. Paragraph 6. States and the District shall be entitled to
Federal link to state funding fund to culture up to five tenths percent of
its net tax revenue for financing cultural programs and projects, prohibited
the application of these resources in the payment from: (Included by the Constitutional Amendment
42 of December 19, 2003) I – personnel expenses and social charges;
(Included by Constitutional Amendment No. 42, 12.19.2003) II – debt service; (Included by
Constitutional Amendment No. 42 of 12/19/2003) III – any other current expenses not
directly linked to investments or actions supported. (Included by the Constitutional Amendment
42 of December 19, 2003) Art. 216-A. The National System of Culture,
organized in a collaborative manner in decentralized and participatory approach,
a joint management and promotion process cultural, democratic public policies
and permanent, agreed upon between the Federation and society, with the objective of
promote human, social development and economic with full exercise of rights
cultural (Included by the Constitutional Amendment # 71 of 2012) Paragraph 1. The National System of Culture is based on
national culture policy and its guidelines established in the National Plan
Culture, and is governed by the following principles: Included by Constitutional Amendment No. 71,
from 2012 I – diversity of cultural expressions;
Included by Constitutional Amendment No. 71, from 2012 II – universalization of access to goods
and cultural services; Included by the Amendment No. 71 of 2012 III – promotion of production, diffusion and circulation
of knowledge and cultural goods; Included Constitutional Amendment No. 71 of 2012 IV – cooperation between federated entities,
public and private agents acting in the cultural area; Included by the Constitutional Amendment
No. 71, 2012 V – integration and interaction in execution
policies, programs, projects and actions developed; Included by the Constitutional Amendment
No. 71, 2012 VI – complementarity in the roles of agents
cultural; Included by the Constitutional Amendment No. 71, 2012 VII – transversality of cultural policies;
Included by Constitutional Amendment No. 71, from 2012 VIII – autonomy of federated entities and
civil society institutions; Included Constitutional Amendment No. 71 of 2012 IX – transparency and sharing of
information; Included by the Constitutional Amendment No. 71, 2012 X – democratization of decision-making processes
with participation and social control; Included Constitutional Amendment No. 71 of 2012 XI – articulated and agreed decentralization
management, resources and actions; Included Constitutional Amendment No. 71 of 2012 XII – progressive expansion of resources
contained in public budgets for the culture. Included by the Constitutional Amendment
No. 71, 2012 Paragraph 2. It constitutes the structure of the National System.
of Culture, in the respective spheres of the Federation: Included by Constitutional Amendment No. 71,
from 2012 I – culture management bodies; Included
Constitutional Amendment No. 71 of 2012 II – cultural policy councils; Included
Constitutional Amendment No. 71 of 2012 III – culture conferences; Included
Constitutional Amendment No. 71 of 2012 IV – inter-management committees; Included by
Constitutional Amendment No. 71 of 2012 V – culture plans; Included by the Amendment
No. 71 of 2012 VI – culture financing systems;
Included by Constitutional Amendment No. 71, from 2012 VII – Information Systems and Indicators
cultural; Included by the Constitutional Amendment No. 71, 2012 VIII – training programs in the area of
culture; and Included by the Constitutional Amendment No. 71, 2012 IX – sectoral systems of culture. Included
Constitutional Amendment No. 71 of 2012 Paragraph 3. Federal law shall provide for the regulation
of the National System of Culture, as well as articulation with other national systems
or sectoral government policies. Included Constitutional Amendment No. 71 of 2012 Paragraph 4. The States, the Federal District and the
Municipalities will organize their respective culture systems in their own laws. Included
Constitutional Amendment No. 71 of 2012 Section III SPORT Article 217. It is the duty of the State to foster practices
formal and non-formal sports such as of each observed: I – the autonomy of sports entities
leaders and associations as to their organization and operation; II – the allocation of public resources
for the priority promotion of sport educational and, in specific cases, to
high performance sport; III – Differentiated treatment for sport
professional and non-professional; IV – protection and encouragement of demonstrations
sports of national creation. Paragraph 1. The Judiciary Power shall only admit actions
concerning discipline and competitions sports after the instances are exhausted
of sports justice, regulated by law. § 2 The sports justice will have the deadline
maximum of sixty days from the commencement of of the case to make a final decision. Paragraph 3. The Government will encourage leisure,
as a form of social promotion. CHAPTER IV SCIENCE, TECHNOLOGY AND INNOVATION (Wording given by the Constitutional Amendment
No. 85 of 2015) Article 218. The State shall promote and encourage
scientific development, research, scientific and technological training
and innovation. (Wording given by Amendment 85 of 2015) Paragraph 1. Basic and technological scientific research
receive priority state treatment, with a view to the public good and progress
of science, technology and innovation. (Essay Constitutional Amendment No. 85 of
2015) § 2. Technological research will focus on
predominantly to solve problems Brazilians and for the development of the
national and regional productive Paragraph 3. The State shall support the formation of resources.
in the fields of science, research, technology and innovation, including through
supporting technological extension activities, and shall give to those who deal with them
and special working conditions. (Essay Constitutional Amendment No. 85 of
2015) Paragraph 4. The law will support and stimulate companies
that invest in research, technology creation appropriate to the country, training and improvement
of their human resources and who practice systems compensation to the employee,
disconnected from salary, participation in economic gains from productivity
of your work. Paragraph 5. States and the District are entitled to
Federal bind portion of its budget revenue to public entities promoting education
and scientific and technological research. Paragraph 6. The State, in the execution of the activities
provided for in the caput, will stimulate the between entities, both public and private,
in the various spheres of government. (Included Constitutional Amendment No. 85 of 2015) Paragraph 7. The State shall promote and encourage
the performance abroad of the institutions science, technology and innovation,
with a view to the implementation of the activities in the caption (Included by the Constitutional Amendment
No. 85 of 2015) Article 219. The internal market is part of the
and will be encouraged in such a way as to make cultural and socio-economic development,
the welfare of the population and technological autonomy of the Country, under federal law. Single paragraph. The state will stimulate
training and strengthening innovation in companies, as well as in other public entities
or private, the constitution and maintenance parks and technology centers and other
environments that promote innovation, of independent inventors and the creation,
absorption, diffusion and technology transfer. (Included by Constitutional Amendment No.
85 of 2015) Article 219-A. The Union, the States, the District
Federal and Municipalities may enter into instruments cooperation with public bodies and entities
and with private entities, including for the specialized human resources sharing
and installed capacity for execution research projects, development
scientific and technological and innovation for a financial consideration or not
assumed by the beneficiary entity, in the form of the law. (Included by the Constitutional Amendment
No. 85 of 2015) Art. 219-B. The National Science System,
Technology and Innovation (SNCTI) will be organized in collaboration between entities, both
public as well as private, with a view to promoting scientific and technological development
and innovation. (Included by the Constitutional Amendment No. 85 of 2015) Paragraph 1. Federal law shall provide for the rules
SNCTI. (Included by the Constitutional Amendment No. 85 of 2015) Paragraph 2. The States, the Federal District and the
Municipalities will legislate concurrently on its peculiarities. (Included by the Amendment
85 of 2015) CHAPTER V SOCIAL COMMUNICATION Art. 220. The manifestation of thought,
creation, expression and information, in any form, process or vehicle not
will suffer any restriction, observed the provisions of this Constitution. Paragraph 1. No law shall contain provisions that
embarrassment to full freedom of journalistic information in any
media vehicle, observed the provisions of art. 5th, IV, V, X, XIII and XIV. Paragraph 2. All censorship of
political, ideological and artistic nature. Paragraph 3. Federal law shall: I – regulate the public entertainment and shows,
It is up to the Government to inform about the their nature, the age groups to which they do not
recommended, locations and times when your presentation proves to be inadequate; II – establish the legal means that guarantee
to the person and family the possibility of defend themselves from programs or schedules
television and radio channels contrary to in art. 221, as well as product advertising,
practices and services that may be harmful to health and the environment. Paragraph 4. Commercial advertising of tobacco, beverages
alcohol, pesticides, medicines and therapies will be subject to legal restrictions,
pursuant to item II of the previous paragraph, and shall contain, whenever necessary, warning
about the harms resulting from its use. Paragraph 5. The media are not
may, directly or indirectly, be the object of monopoly or oligopoly. § 6 The publication of printed vehicle
communication does not depend on authority. Art. 221. The production and programming of
radio and television broadcasters will meet following principles: I – preference for educational purposes,
artistic, cultural and informative; II – promotion of national and regional culture
and stimulating independent production that objectify its disclosure; III – regionalization of cultural production,
artistic and journalistic, as percentages established by law; IV – Respect for ethical and social values
of the person and the family. Art. 222. Ownership of a newspaper company
and sound and sound and image broadcasting is private to native or naturalized Brazilians
for over ten years, or legal entities constituted under Brazilian law and which
headquarters in the country. Constitutional Amendment No. 36 of 2002) § 1 In any case, at least seventy
percent of total capital and voting capital of newspaper and broadcasting companies
sound and sound and images must belong, directly or indirectly to native Brazilians
or naturalized for more than ten years, which shall exercise the management of the
activities and establish the content of the programming. (Wording given by Amendment
36 of 2002) Paragraph 2. Editorial Responsibility and Activities
selection and direction of programming are privately owned by native Brazilians
or naturalized for more than ten years in any media. (Essay
Constitutional Amendment No. 36 of 2002) § 3 The electronic media,
regardless of the technology used for the provision of the service, they shall observe
the principles stated in art. 221 at specific form of law, which will also ensure
the priority of brazilian professionals in the execution of national productions. (Included
Constitutional Amendment No. 36 of 2002) § 4º Law will discipline the participation
foreign capital in the companies from which deals with § 1. (Included by the Constitutional Amendment
36 of 2002) Paragraph 5 Changes in corporate control
of the companies referred to in paragraph 1 shall be communicated to the National Congress. (Included
Constitutional Amendment No. 36 of 2002) Article 223. The Executive Power is responsible for granting
and renew grant, permission and authorization for the radio broadcasting service and
of sounds and images, observing the principle complementarity of private systems,
public and state. Paragraph 1. The National Congress shall consider the act
within the term of art. 64, § 2 and § 4, counting of receiving the message. Paragraph 2. The non-renewal of the concession or
permission shall be subject to approval by at least two fifths of the National Congress,
by roll call. Paragraph 3. The act of granting or renewal only
will produce legal effects after deliberation National Congress, in the form of paragraphs
previous Paragraph 4. The cancellation of the concession or permission,
before the deadline, depends on decision judicial. Paragraph 5. The term of the concession or permission
will be ten years for radio stations and fifteen for television. Article 224. For the purposes of the provisions of this
Chapter, the National Congress shall institute as its auxiliary body, the Communication Council
Social, in the form of the law. CHAPTER VI FROM THE ENVIRONMENT Article 225. Everyone has the right to the environment.
environmentally balanced, common use of the people and essential to the healthy quality of
imposing itself on the public power and the community the duty to defend and preserve it for
the present and future generations. Paragraph 1. To ensure the effectiveness of this
law, is incumbent upon the Government: I – preserve and restore ecological processes
provide the ecological management of species and ecosystems; (Regulation) II – preserve diversity and integrity
of the country’s genetic heritage and supervise the entities dedicated to research and manipulation
of genetic material; (Regulation) (Regulation) III – define, in all units of the Federation,
territorial spaces and their components to be specially protected and the amendment
and suppression allowed only through law, any use that may compromise
the integrity of the attributes that justify your protection; (Regulation) IV – require, as provided by law, for installation
potentially causing work or activity significant degradation of the environment,
environmental impact assessment, to which publicity will be given; (Regulation) V – control production, marketing
and the use of techniques, methods and substances life-threatening, the quality of
of life and the environment; (Regulation) VI – promote environmental education in all
educational levels and awareness for the preservation of the environment; VII – protect fenced fauna and flora,
in the form of the law, practices that place endanger their ecological function, cause
the extinction of species or subject the animals the cruelty. (Regulation) § 2 Anyone who exploits mineral resources
is obliged to recover the environment degraded according to technical solution
required by the competent public body, in the form of the law. Paragraph 3. The conduct and activities considered
harming the environment will subject the offenders, natural or legal persons, to sanctions
criminal and administrative matters obligation to repair the damage caused. Paragraph 4. The Brazilian Amazon Forest, the
Atlantic Forest, the Serra do Mar, the Pantanal Mato Grosso and the Coastal Zone are heritage
and its use will be made in the accordance with conditions which ensure that
the preservation of the environment, including regarding the use of natural resources. Paragraph 5. The vacant lands are unavailable
or collected by states for actions discriminatory measures necessary for
of natural ecosystems. Paragraph 6. Plants that operate with nuclear reactors
should have their location set in federal law, without which they cannot be installed. Paragraph 7 For the purposes of the final part
of item VII of paragraph 1 of this article, sports practices are considered cruel
using animals, provided that they are manifestations according to § 1 of art. 215 of this
Federal Constitution, registered as well immaterial nature of the patrimony
Brazilian cultural heritage and should be specific law ensuring welfare
of the animals involved. (Included by the Amendment No. 96 of 2017) CHAPTER VII Family, Child, Adolescent,
Young and old (Writing by Constitutional Amendment
No. 65 of 2010) Art. 226. The family, the base of society, has
special state protection. Paragraph 1. The marriage is civil and the celebration free. § 2 The religious marriage has civil effect,
under the law. Paragraph 3. For the purposes of State protection,
the stable union between man is recognized and the woman as a family entity.
the law facilitates their conversion to marriage. Paragraph 4. It is also understood as an entity
familiar the community formed by any of parents and their descendants. Paragraph 5. The rights and duties relating to
marital society are exercised equally by the man and the woman. Paragraph 6. Civil marriage may be dissolved.
by divorce. (Wording given by the Amendment 66 of 2010) § 7 Based on the principles of dignity
of the human person and responsible parenthood, family planning is free decision
couple, and it is up to the state to provide resources educational and scientific
that right, any coercive form is prohibited by official or private institutions. Paragraph 8. The State shall provide assistance
to the family in the person of each of the integrate, creating mechanisms to curb the
violence within their relationships. Art. 227. It is the duty of the family, of society
and the State to assure the child, the adolescent and to the young, with absolute priority, the right
to life, health, food, education, leisure, professionalization, culture,
dignity, respect, freedom and family and community life, in addition to
to keep them safe from all forms of neglect, discrimination, exploitation, violence,
cruelty and oppression. (Writing by Constitutional Amendment No. 65 of 2010) Paragraph 1. The State shall promote assistance programs
integral to the health of children, adolescents and the youth, the participation of entities
non-governmental organizations through specific policies and obeying the following precepts:
Constitutional Amendment No. 65 of 2010) I – application of percentage of resources
public health care maternal and child; II – creation of prevention programs
and specialized care for people physically and sensory disabled
or mental as well as social integration adolescents and young people with disabilities,
through training for work and coexistence, and facilitating access
collective goods and services by eliminating of architectural obstacles and all
the forms of discrimination. (Wording given By Constitutional Amendment No. 65 of 2010) Paragraph 2. The law shall provide for building standards.
of public places and buildings and transportation vehicle manufacturing
to ensure adequate access to persons with disabilities. Paragraph 3. The right to special protection shall cover
the following aspects: I – minimum age of fourteen for admission
to work, observing the provisions of art. 7th, XXXIII; II – guarantee of social security rights
and labor; III – guarantee of access of the adolescent worker
and young to school; (Wording given by the Amendment 65 of 2010) IV – Guarantee of full and formal knowledge
attribution of infringement, equality in procedural relationship and technical defense
by a qualified professional, according to the specific tutelary legislation; V – obedience to the principles of brevity,
exceptionality and respect for the peculiar to a developing person when
application of any private measure of freedom; VI – stimulation by the Government, through
legal assistance, tax incentives and allowances under the law for reception,
in the form of a child or adolescent guard orphan or abandoned; VII – prevention and care programs
specialized to the child, the adolescent and the drug and drug addicted youth
alike. (Writing by Constitutional Amendment No. 65 of 2010) Paragraph 4. The law shall severely punish abuse,
child violence and sexual exploitation and the teenager. Paragraph 5. Adoption shall be assisted by the
In accordance with the law, which shall establish cases and conditions of its implementation by
part of foreigners. Paragraph 6. The children, whether or not the relationship
of marriage, or by adoption, shall have the same rights and qualifications, forbidden any
discriminatory designations to affiliation. Paragraph 7 In the care of the rights of the child
and the adolescent will be taken into account the provisions of art. 204 Paragraph 8. The law shall establish: (Included by
Constitutional Amendment No. 65 of 2010) I – the status of youth, intended to regulate
the rights of young people; (Included By Amendment 65 of 2010) II – the national youth plan, of duration
for the articulation of the various government spheres for the execution
of public policies. (Included By Amendment 65 of 2010) Art. 228. Are criminally unenforceable
under the age of eighteen, subject to the of special legislation. Art. 229. Parents have a duty to attend,
raise and educate the minor children, and the children older people have a duty to help and support
parents in old age, need or sickness. Article 230. The Family, Society, and the State
have a duty to support the elderly, ensuring their participation in the community,
defending their dignity and well-being and guaranteeing them the right to life. Paragraph 1. Programs for the support of the elderly shall be
performed preferably in their homes. Paragraph 2 – Those over sixty-five years old
free transport is guaranteed urban collectives. CHAPTER VIII Indians Art. 231. The Indians are recognized for their
social organization, customs, languages, beliefs and traditions, and original rights
over the lands they traditionally occupy, it is for the Union to demarcate them, to protect
and enforce all your assets. § 1 Are traditionally occupied lands
by the Indians they inhabited in character permanent, those used for their activities
productive, those indispensable for the preservation environmental resources necessary for its
well-being and the necessary reproduction physical and cultural according to their uses, customs
and traditions. § 2 The traditionally occupied lands
by the Indians are intended for their permanent possession, their exclusive enjoyment of their wealth
existing soil, rivers and lakes. Paragraph 3. The use of water resources,
including energy potentials, research and the mining of mineral wealth on earth
Indigenous peoples may only be National Congress, after hearing the communities
affected, ensuring their participation the results of the mining, as provided by law. Paragraph 4. The lands referred to in this article
are inalienable and unavailable, and rights over them, imprescriptible. Paragraph 5. The removal of indigenous groups is prohibited.
of their lands, save ad referendum of the National Congress in case of catastrophe
or epidemic that endangers your population, or in the interest of the country’s sovereignty, after
deliberation of the National Congress, guaranteed, in any event, the immediate return
as soon as the risk ceases. Paragraph 6. They are null and extinct, not producing
legal effects, acts which have as their occupation, domain and possession
of the land referred to in this Article, or the exploitation of the natural riches of the soil,
existing rivers and lakes, with the exception of relevant public interest of the Union according to
what has complementary law, not generating nullity and extinction right to indemnity
or actions against the Union, except in the form of the law, as to the improvements derived from
of occupation in good faith. Paragraph 7 Does not apply to indigenous lands
the provisions of art. 174, § 3 and § 4. Art. 232. The Indians, their communities and organizations
are legitimate parties to go to court in defense of their rights and interests, intervening
the public prosecutor in all acts of the process. TITLE IX General Constitutional Provisions Art. 233. (Repealed by the Constitutional Amendment
No. 28 of 5/25/2000) Art. 234. It is forbidden to the Union, directly or indirectly,
assume, as a result of the creation of state, charges for personnel expenses
inactive and with charges and depreciation of internal or external debt of the administration
including the indirect one. Art. 235. In the first ten years of creation
State, the following shall be observed: basic standards: I – the Legislative Assembly shall be composed
seventeen Deputies if the population of the Less than six hundred thousand inhabitants,
and twenty-four if equal or greater at that number up to one million five hundred
thousand; II – the Government will have a maximum of ten Secretariats; III – the Court of Auditors shall have three members,
appointed by the Governor-elect from Brazilians of proven suitability and notorious knowledge; IV – the Court of Justice shall have seven Judges; V – the first Judges will be appointed
by the Governor-elect, chosen as follows: form: a) five of the magistrates with more than
thirty-five years old, in office in the area of ​​the new or originating State; b) two among promoters, under the same conditions,
and attorneys of proven repute and know at least 10 years of practice
professional, following the procedure set in the Constitution; VI – in the case of a State coming from Territory
Federal, the first five Judges may be chosen from among judges of
right of any part of the country; VII – in each District, the first Judge of
Law, the first Prosecutor and the first Public Defender will be appointed
by the Governor-elect after public tender evidence and titles; VIII – until the promulgation of the Constitution
State, will answer for the Attorney General, by the Advocate General and the Defender General
notorious state lawyers know with thirty-five years old minimum
appointed by the Governor-elect and dismissable “ad nutum”; IX – if the new state is the result of transformation
Federal Territory, the transfer of Union financial charges for payment
of the opt-in servers that belonged to the Federal Administration will occur as follows:
form: a) in the sixth year of installation, the State
will assume twenty percent of the financial burden to meet the payment of servers
remaining under the responsibility of the Union responsibility; (b) in the seventh year, the State’s charges shall be
plus thirty per cent and in the eighth of the remaining fifty percent; X – the nominations following the first,
for the positions mentioned in this article, disciplined in the State Constitution; XI – Budgetary Personnel Expenses
may not exceed fifty per cent of state revenue. Art. 236. Notary and registry services
are exercised privately by delegation of the Government. (Regulation) Paragraph 1. The law shall regulate the activities, discipline
the civil and criminal liability of notaries, registry officers and their agents,
and define the supervision of their acts by the judiciary. Paragraph 2. Federal law shall establish general rules
for the fixing of fees for the acts performed by the notary services
and registration. (Regulation) § 3 The entrance in the notarial activity and
registration depends on a public tender of evidence and titles, not allowing
any usefulness is vacant without opening of a grant or removal,
for more than six months. Art. 237. The supervision and control over
foreign trade, essential to defense national farm interests, shall be
exercised by the Ministry of Finance. Article 238. The law shall order the sale and resale.
of petroleum fuels, fuel alcohol and other fuels derived from raw materials
renewable, respecting the principles of this Constitution. Art. 239. The collection resulting from the contributions
for the Social Integration Program created Complementary Law No. 7 of September 7
1970, and for the Training Program for Assets of Public Servants, created by the
Supplementary Law No. 8 of December 3, 1970, after the promulgation of this
Constitution to be financed, in accordance with the law provides, the unemployment insurance program
and the allowance referred to in paragraph 3 of this article. (Regulation) Paragraph 1. Appeals mentioned in the “caput”
of this article at least forty percent will be used to finance programs for
economic development through the Bank National Economic and Social Development
with remuneration criteria that preserve them the value. Paragraph 2. The accumulated assets of the Program
Social Integration and Training Program of the Public Servant’s Heritage are preserved,
maintaining the withdrawal criteria in situations specific laws, with the exception of
withdrawal on the grounds of marriage and the distribution of the collection of
that deals with the “caput” of this article, for deposit participants’ individual accounts. Paragraph 3 – Employees who perceive employers
that contribute to the Integration Program Or for the Training Program of the
Assets of Public Servants, up to two minimum monthly salary,
minimum wage is guaranteed calculated in this value the income
individual accounts in the case of those already participated in these programs,
until the date of the promulgation of this Constitution. Paragraph 4. The financing of unemployment insurance
receive an additional contribution from company whose force turnover rate
above average turnover rate sector, as established by law. Art. 240. They are subject to the provisions of
art. 195 current compulsory contributions of employers on payroll,
for private service entities related social and vocational training
to the union system. Art. 241. The Union, the States, the District
Federal and Municipalities will discipline by law the public consortia and the
cooperation agreements between the entities federated, authorizing the associated management
public services as well as the transfer of total or partial charges, services, personnel
and goods essential to continuity of services transferred. (Wording given by Amendment
19 of 1998) Art. 242. The principle of art. 206, IV, no
applies to educational institutions officers created by state or local law
existing on the date of the promulgation of this Constitution which are not wholly or predominantly
maintained with public resources. § 1 The teaching of Brazilian History will take
account the contributions of the different cultures and ethnicities for the formation of the people
Brazilian. § 2 The Pedro II College, located in
city ​​of Rio de Janeiro will be kept in the federal orbit. Art. 243. Rural and urban properties
from any region of the country where they are located illegal crops of psychotropic plants
or the exploitation of slave labor in the form shall be expropriated and intended for the
land reform and housing programs popular without any compensation to the owner
and without prejudice to other penalties provided by law, subject, as appropriate, to the provisions of
in art. 5th (Wording given by the Constitutional Amendment No. 81 of 2014) Single paragraph. Any and all good of
economic value seized as a result of of illicit drug and drug trafficking
related and exploitation of slave labor will be confiscated and revert to special
specific destination, in the form of law. (Wording given by the Constitutional Amendment
No. 81 of 2014) Article 244. The law shall provide for the adaptation
from public places, public buildings and public transport vehicles currently
ensure adequate access persons with disabilities as
the provisions of art. 227, § 2 nd. Article 245. The law shall provide for the hypotheses
and conditions under which the Government will assistance to needy heirs and dependents
of people victimized by willful crime without prejudice to the civil liability of the plaintiff
of the illicit. Art. 246. The adoption of a provisional measure is prohibited.
in article regulation of the Constitution whose wording has been amended by
of enactment promulgated between January 1 from 1995 until the enactment of this amendment,
including. (Wording given by the Constitutional Amendment No. 32 of 2001) Article 247. The laws provided for in item III
of § 1 of art. 41 and § 7 of art. 169 establish special criteria and guarantees
for the loss of office by the civil servant which, as a result of the attributions
effective position, develop activities State exclusive. (Included by the Amendment
19 of 1998) Single paragraph. In the event of insufficiency
performance, the loss of office will only occur administrative procedure in which
the contradictory and the broad defense. (Included by the Constitutional Amendment
No. 19, 1998) Article 248. The benefits paid to any
by the body responsible for the scheme general social security system, even if
National Treasury account, and those not the maximum value limit fixed for
benefits granted under this scheme will the limits set in art. 37, XI. (Included
Constitutional Amendment No. 20 of 1998) Art. 249. In order to secure resources
for the payment of retirement benefits and pensions granted to their employees
and their dependents in addition to the resources their treasures, the Union, the States,
the Federal District and the Municipalities may constitute funds integrated with the resources
from contributions and goods, rights and assets of any nature, by means of
law on the nature and administration of of these funds. (Included by the Constitutional Amendment
No. 20, 1998) Art. 250. In order to secure resources
for the payment of benefits granted by the general social security scheme,
in addition to its fundraising resources, the Union could set up an integrated fund
for goods, rights and assets of any kind, by law which shall provide for the nature
and administration of this fund. (Included Constitutional Amendment No. 20 of 1998) Brasilia, October 5, 1988. Ulysses Guimarães, President – Mauro Benevides
, 1st Vice-President – Jorge Arbage, 2nd Vice President – Marcelo Cordeiro, 1st
Secretary – Mário Maia, 2nd Secretary – Arnaldo Faria de Sá, 3rd Secretary
– Benedita da Silva, 1st Deputy Secretary – Luiz Soyer, 2nd Alternate Secretary
– Sotero Cunha, 3rd Alternate Secretary – Bernardo Cabral, General Rapporteur – Adolfo
Oliveira, Assistant Rapporteur – Antonio Carlos Konder Reis, Assistant Rapporteur – José Fogaça
, Assistant Rapporteur – Abigail Feitosa – Acival Gomes – Adauto Pereira – Ademir Andrade – Adhemar
de Barros Filho – Adroaldo Streck – Adylson Motta – Aécio de Borba – Aécio Neves – Affonso
Camargo – Afif Domingos – Afonso Arinos – Afonso Sancho – Agassiz Almeida – Agripino de Oliveira
Lima – Airton Lamb – Airton Sandoval – Alarico Abib – Albano Franco – Albérico Lamb
– Albérico Filho – Alceni Guerra – Alcides Saldanha – Aldo Arantes – Alércio Dias – Alexandre
Coast – Alexandre Puzyna – Alfredo Campos – Almir Gabriel – Aloisio Vasconcelos – Aloysio
Chaves – Aloysio Teixeira – Aluizio Bezerra – Aluízio Campos – Alvaro Antonio – Alvaro
Pacheco – Alvaro Valle – Alysson Paulinelli – Amaral Netto – Amaury Müller – Amilcar
Moreira – Angelo Magalhães – Anna Maria Rattes – Annibal Barcellos – Antero de Barros
– Antonio Câmara – Antonio Carlos Franco – Antonio Carlos Mendes Thame – Antonio de
Jesus – Antonio Ferreira – Antonio Gaspar – Antonio Mariz – Antonio Perosa – Antonio
Salim Curiati – Antonio Ueno – Arnaldo Martins – Arnaldo Moraes – Arnaldo Prieto – Arnold
Fioravante – Arolde de Oliveira – Artenir Werner – Artur da Távola – Asdrubal Bentes
– Assis Canuto – Attila Lira – Augusto Carvalho – Áureo Mello – Basil Villani – Benedicto
Monteiro – Benito Gamma – Beth Azize – Bezerra de Melo – Bocayuva Cunha – Boniface of Andrada
– Bosco France – Brandão Monteiro – Caio Pompey – Carlos Alberto – Carlos Alberto Caó
– Carlos Benevides – Carlos Cardinal – Carlos Chiarelli – Carlos Cotta – Carlos De’Carli
– Carlos Mosconi – Carlos Sant’Anna – Carlos Vinegar – Carlos Virgílio – Carrel Benevides
– Cássio Cunha Lima – Célio de Castro – Celso Gold – Caesar Cals Neto – Caesar Mayan – Nasturtium
Duarte – Chagas Neto – Chagas Rodrigues – Chico Humberto – Christóvam Chiaradia – Cid Carvalho
– Cid Oak Savoy – Cláudio Ávila – Cleonâncio Fonseca – Costa Ferreira – Cristina
Tavares – Wedge Bueno – Dalton Canabrava – Darcy Deitos – Darcy Pozza – Daso Coimbra
– David Alves Silva – Del Bosco Amaral – Dolphin Netto – Délio Braz – Denisar Arneiro – Dionisio
Dal Prá – Dionysus Hage – Dirce Tutu Pictures – Dirceu Carneiro – Divaldo Suruagy – Djenal
Gonçalves – Youth Sunday – Domingos Leonelli – Doreto Campanari – Edésio Frias – Edison
Lobão – Edivaldo Motta – Edme Tavares – Edmilson Valentine – Eduardo Bonfim – Eduardo Jorge
– Eduardo Moreira – Egidio Ferreira Lima – Elias Murad – Eliel Rodrigues – Eliézer
Moreira – Enoc Vieira – Eraldo Tinoco – Eraldo Trinity – Erico Pegoraro – Ervin Bonkoski
– Etevaldo Nogueira – Euclides Scalco – Eunice Michiles – Evaldo Gonçalves – Expedito Machado
– Ézio Ferreira – Fábio Feldmann – Fábio Raunheitti – Junior Farabulini – Fausto Fernandes
– Fausto Rocha – Felipe Mendes – Feres Nader – Fernando Bezerra Coelho – Fernando Cunha
– Fernando Gasparian – Fernando Gomes – Fernando Henrique Cardoso – Fernando Lyra – Fernando
Santana – Fernando Velasco – Firmo de Castro – Flavio Palmier da Veiga – Flávio Rocha
– Florestan Fernandes – Floriceno Passion – France Teixeira – Francisco Amaral – Francisco
Benjamin – Francisco Carneiro – Francisco Rabbit – Francisco Diogenes – Francisco Dornelles
– Francisco Küster – Francisco Pinto – Francisco Rollemberg – Francisco Rossi – Francisco Sales
– Furtado Leite – Gabriel Guerreiro – Gandi Jamil – Gastone Righi – Genebaldo Correia
– Genésio Bernardino – Geovani Borges – Geraldo Alckmin Filho – Geraldo Bulhões – Geraldo
Campos – Geraldo Fleming – Geraldo Melo – Gerson Camata – Gerson Marcondes – Gerson Peres – Gidel
Dantas – Gil Cesar – Gilson Machado – Gonzaga Patriot – Guilherme Palmeira – Gumercindo
Milhomem – Gustavo de Faria – Harlan Gadelha – Haroldo Lima – Haroldo Savoy – Helium
Coast – Helium Duke – Helium Morning – Helium Roses – Henrique Cordoba – Henrique Eduardo
Alves – Strong Heraclitus – Hermes Zaneti – Hilarious Braun – Homer Santos – Humberto
Lucena – Humberto Souto – Iberê Ferreira – Ibsen Pinheiro – Innocent Oliveira – Irajá
Rodrigues – Iram Saraiva – Irapuan Costa Junior – Irma Passoni – Ismael Wanderley – Israel
Pinheiro – Itamar Franco – Ivo Cersósimo – Ivo Lech – Ivo Mainardi – Ivo Vanderlinde
– Jacy Scanagatta – Jairo Azi – Jairo Carneiro – Jalles Fontoura – Jamil Haddad – Jarbas
Birdie – Jayme Paliarin – Jayme Santana – Jesualdo Cavalcanti – Jesus Tajra – Joaci
Góes – João Agripino – João Alves – João Calmon – João Carlos Bacelar – João Castelo
– João Cunha – John of the Wood – John of God Antunes – João Herrmann Neto – João Lobo
– João Machado Rollemberg – João Menezes – John Christmas – John Paul – John Rezek
– Joaquim Bevilácqua – Joaquim Francisco – Joaquim Hayckel – Joaquim Sucena – Jofran
Frejat – Jonas Pinheiro – Jonival Lucas – Jorge Bornhausen – Jorge Hage – Jorge Leite – Jorge
Uequed – Jorge Vianna – José Agripino – José Camargo – José Carlos Coutinho – José Carlos
Grecco – Jose Carlos Martinez – Jose Carlos Savoy – Jose Carlos Vasconcelos – Jose
Costa – José da Conceição – José Dutra – José Egreja – José Elias – José Fernandes
– José Freire – José Genoíno – José Geraldo – Jose Guedes – Jose Ignacio Ferreira – Jose
Jorge – José Lins – José Lourenço – José Luiz de Sa – José Luiz Maia – José Maranhão
– José Maria Eymael – José Maurício – José Melo – Jose Mendonça Bezerra – Jose Moura
– Joseph Paul Bisol – Joseph Queiroz – Joseph Richa – Jose Santana of Vasconcellos – Jose
Serra – José Tavares – José Teixeira – José Thomaz Nonô – José Tinoco – José Ulísses
of Oliveira – Jose Viana – Jose Yunes – Jovanni Masini – Juarez Antunes – Julius Campos – Julius
Costamilan – Jutahy Junior – Jutahy Magalhães – Koyu Iha – Lael Varella – Lavoisier Maya
– Milk Keys – Lélio Souza – Leopoldo Peres – Leur Lomanto – Levy Dias – Lézio Sathler
– Lídice da Mata – Louremberg Nunes Rocha – Lourival Baptista – Lucia Braga – Lucia
Vânia – Lucio Alcantara – Luís Eduardo – Luis Roberto Ponte – Luiz Alberto Rodrigues
– Luiz Freire – Luiz Gushiken – Luiz Henrique – Luiz Inacio Lula da Silva – Luiz Leal – Luiz
Marques – Luiz Solomon – Luiz Viana – Luiz Viana Neto – Lysânea Maciel – Maguito Vilela
– Maluly Neto – Manoel Castro – Manoel Moreira – Manoel Ribeiro – Lavor Mansueto – Manuel
Viana – Marcia Kubitschek – Marcio Braga – Marcio Lacerda – Marco Maciel – Marcondes
Gadelha – Marcos Lima – Marcos Queiroz – Maria of Lourdes Abbey – Maria Lúcia – Mário
Assad – Mário Covas – Mário de Oliveira – Mario Lima – Marluce Pinto – Matheus Iensen
– Mattos Leão – Mauritius Campos – Mauritius Correa – Mauritius Fruet – Mauritius Nasser
– Mauritius Padua – Maurílio Ferreira Lima – Mauro Borges – Mauro Campos – Mauro Miranda
– Mauro Sampaio – Max Rosenmann – Meira Filho – Melo Freire – Mello Reis – Mendes Botelho
– Mendes Canale – Mendes Ribeiro – Messiah Gois – Messiah Soares – Michel Temer – Milton
Barbosa – Milton Lima – Milton Reis – Miraldo Gomes – Miro Teixeira – Moema São Thiago
– Moysés Pimentel – Mozarildo Cavalcanti – Mussa Demes – Myrian Portella – Nabor Junior
– Naphtali Alves de Souza – Narciso Mendes – Nelson Aguiar – Nelson Carneiro – Nelson
Jobim – Nelson Sabrá – Nelson Seixas – Nelson Wedekin – Nelton Friedrich – Nestor Duarte
– Ney Maranhão – Nilso Sguarezi – Nilson Gibson – Nion Albernaz – Noel Carvalho
– Nyder Barbosa – Octávio Elísio – Odacir Soares – Olavo Pires – Olivio Dutra – Onofre
Corrêa – Orlando Bezerra – Orlando Pacheco – Oscar Corrêa – Osmar Leitão – Osmir Lima
– Osmundo Rebouças – Osvaldo Bender – Osvaldo Rabbit – Osvaldo Macedo – Osvaldo Sobrinho
– Oswaldo Almeida – Oswaldo Trevisan – Ottomar Pinto – Paes de Andrade – Paes Landim – Paulo
Delgado – Paulo Macarini – Paulo Marques – Paulo Mincarone – Paulo Paim – Paulo Pimentel – Paulo
Ramos – Paulo Roberto – Paulo Roberto Cunha – Paulo Silva – Paulo Zarzur – Pedro Canedo
– Pedro Ceolin – Percival Muniz – Pepper da Veiga – Plínio Arruda Sampaio – Plínio
Martins – Pompey of Sousa – Rachid Saldanha Derzi – Raimundo Bezerra – Raimundo Lira – Raimundo
Rezende – Raquel Candido – Raquel Capiberibe – Raul Belém – Raul Ferraz – Renan Calheiros
– Renato Bernardi – Renato Johnsson – Renato Vianna – Ricardo Fiuza – Ricardo Izar – Rita
Camata – Rita Furtado – Roberto Augusto – Roberto Balestra – Roberto Brant – Roberto Campos
– Roberto D’Ávila – Roberto Freire – Roberto Jefferson – Roberto Rollemberg – Roberto Torres
– Roberto Vital – Robson Marinho – Rodrigues Palma – Ronaldo Aragon – Ronaldo Carvalho
– Ronaldo Cezar Rabbit – Ronan Tito – Ronaro Corrêa – Silver Rose – Rose de Freitas – Rospide
Netto – Rubem Branquinho – Rubem Medina – Ruben Figueiró – Ruberval Pilotto – Ruy Bacelar
– Ruy Nedel – Sadie Hauache – Salatiel Carvalho – Samir Achôa – Sandra Cavalcanti – Santinho
Furtado – Sarney Son – Saulo Queiroz – Sérgio Brito – Sérgio Spada – Sérgio Werneck – Severo
Gomes – Sigmaringa Seixas – Sílvio Abreu – Simon Sessim – Siqueira Campos – Solon
Borges dos Reis – Stélio Dias – Tadeu France – Telmo Kirst – Teotonio Vilela Filho – Theodoro
Mendes – Tito Costa – Ubiratan Aguiar – Ubiratan Spinelli – Uldurico Pinto – Valmir Campelo
– Valter Pereira – Vasco Alves – Vicente Bogo – Victor Faccioni – Victor Fontana – Victor
Thunder – Vieira da Silva – Vilson Souza – Vingt Rosy – Vinicius Cansanção – Virgildásio
of Senna – Virgilio Galassi – Virgilio Guimarães – Vitor Buaiz – Vivaldo Barbosa – Vladimir
Palm Tree – Wagner Lake – Waldec Ornélas – Waldyr Pugliesi – Luca Walmor – Maia Wilma – Wilson
Campos – Wilson Martins – Ziza Valadares. Participants: Álvaro Dias – Antônio Britto
– Bete Mendes – Borges da Silveira – Cardoso Alves – Edivaldo Netherlands – Junior Expedite
– Fadah Gattass – Francisco Dias – Geovah Amarante – Helio Gueiros – Horácio Ferraz
– Hugo Napoleon – Iturival Birth – Ivan Bonato – Jorge Medauar – José Mendonça’s
Morais – Leopoldo Bessone – Marcelo Miranda – Mauro Fecury – Short Story – Nivaldo
Machado – Oswaldo Lima Filho – Paulo Almada – Prisco Viana – Ralph Biasi – Rosary Congro
Grandson – Sergio Naya – Tidei of Lima. In Memoriam: Alair Ferreira – Antonio Farias
– Fábio Lucena – Norberto Schwantes – Virgil Távora. This text does not replace the one published in DOU
from 5.10.1988 ACT OF TRANSITIONAL CONSTITUTIONAL PROVISIONS Article 1 The President of the Republic, the President
Supreme Court and the members of the National Congress will make the commitment
to uphold, defend and comply with the Constitution, on the act and on the date of its promulgation. Article 2 On September 7, 1993 the electorate
define, by referendum, the form (republic or constitutional monarchy) and
the system of government (parliamentarism or presidentialism) which should be in force in the country. (See Constitutional Amendment
No. 2 of 1992) Paragraph 1 – Free of charge in the free
dissemination of these forms and systems through of the assignee mass media
of public service. Paragraph 2 – The Superior Electoral Court, promulgated
Constitution, shall issue the regulatory norms of this article. Article 3 The constitutional revision will be
after five years from the promulgation of the Constitution by the vote of the absolute majority
of the members of the National Congress, in session Unicameral. Article 4 The mandate of the current President of
Republic will end on March 15, 1990. § 1º The first election for President
of the Republic after the promulgation of the Constitution will be held on November 15, 1989,
the provisions of art. 16 of the Constitution. Paragraph 2. The irreducibility of the
current state and district representation Federal Chamber of Deputies. Paragraph 3 – The mandates of the Governors and the
Deputy Governors elected on November 15 1986 shall end on 15 March 1991. Paragraph 4 – The mandates of the current Mayors,
Deputy Mayors and Councilors will end in January 1, 1989, with the possession of the
elected. Article 5 Do not apply to planned elections
15 November 1988 the provisions of art. 16 and the rules of art. 77 of the Constitution. Paragraph 1 For the elections of November 15
of 1988 will be required electoral domicile in the circumscription at least for the four
months prior to the election, and candidates may that meet this requirement, provided that the
other requirements of the law, have your made by the Electoral Justice after the
promulgation of the Constitution. Paragraph 2. In the absence of any specific legal rule,
will be up to the Superior Electoral Court the rules necessary for carrying out the
1988 elections, subject to the applicable in force. Paragraph 3. The current federal and
Vice-Mayors, if called upon acting as mayor, they will not lose
the parliamentary mandate. Paragraph 4. The number of councilors per municipality
shall be fixed for the representation to be elected in 1988 by the respective Regional Court
Election, respecting the limits set in art. 29, IV, of the Constitution. Paragraph 5 For the November 15 Elections
except those already in office elective, are ineligible for any post,
in the territory of the holder’s jurisdiction, spouse and relatives by consanguinity
or affinity, up to the second degree, or by adoption by the President of the Republic of
State Governor, District Governor Federal Government and the Mayor
more than half of the term. Article 6 Within six months of the promulgation
Constitution, federal parliamentarians, not less than thirty,
may apply to the Superior Electoral Court the registration of new political party, joining
the manifest, the statute and the the program duly signed by the applicants. § 1 The provisional registration, which will be granted
plan by the Superior Electoral Court, under this article defends to the new party
all rights, duties and prerogatives among them, to participate, under the
own legend, of the elections that come to be carried out within 12 months
your training. § 2 The new party will lose automatically
provisional registration if, within twenty and four months, counted from its formation,
not obtain definitive registration with the Court Electoral Superior, as the law provides. Article 7 Brazil will advocate for the formation
of an international rights court humans. Article 8 Amnesty shall be granted to those who
period from September 18, 1946 until the date of the promulgation of the Constitution,
achieved as a result of the motivation exclusively political, by acts of exception,
complementary or complementary to those were covered by the Legislative Decree
18 of December 15, 1961, and those affected by Decree-Law No. 864 of September 12
of 1969, the promotions were assured, inactivity, the position, job, post or graduation
who would be entitled if they were in service active, subject to the length of stay
in activity provided for in the laws and regulations in force, respecting the characteristics
and peculiarities of server careers civil and military audiences and observing the
respective legal systems. (Regulation) Paragraph 1. The provisions of this article shall only generate
financial effects from the promulgation of the Constitution, the remuneration
of any kind retroactively. Paragraph 2. The benefits established are assured.
in this article to private sector workers, union leaders and representatives who,
for purely political reasons, have been punished, dismissed or compelled to be removed
of their paid activities as well as their as those who were prevented from exercising
due to overt pressure or confidential official files. Paragraph 3. To citizens who have been prevented from
exercise, in civil life, professional activity due to the Ordinances
Ministry of Aeronautics Reserved No. S-50-GM5 of June 19, 1964, and No.
S-285-GM5 will be granted repair of a nature in the form that provides for a law of initiative
National Congress and coming into force within twelve months of the promulgation
of the Constitution. Paragraph 4. To those who, by virtue of institutional acts,
exercised for free elective mandate alderman shall be counted for the purpose of
of retirement in the public service and social security the respective periods. Paragraph 5. Amnesty granted pursuant to this
article applies to public servants civilians and employees at all levels
government or their foundations, companies public companies or joint ventures under control
except in the military ministries, who have been punished or dismissed for
professionals interrupted because of decision of their workers, as well as in
Decree-Law No. 1,632 of December August 4, 1978, or for reasons solely
readmission of those who were hit from 1979 onwards, observed
the provisions of § 1. Article 9 Those who, for reasons solely
politicians, were revoked or had their political rights suspended in the period
from July 15 to December 31, 1969, by act of the then President of the Republic, may
apply to the Federal Supreme Court for recognition rights and advantages interrupted by the
punitive acts, provided that they prove that these were riddled with severe vice. Single paragraph. The Supreme Court
give its decision within one hundred and twenty days from the request of the person concerned. Art. 10. Until the complementary law is promulgated
referred to in art. 7, I, of the Constitution: I – the protection referred to therein is limited.
to a fourfold increase in the percentage provided for in art. 6, “caput” and § 1, of
Law No. 5,107, of September 13, 1966; II – the arbitrary dismissal or
without cause: a) employee elected to management position
internal accident prevention committees, from the registration of your application to a
year after the end of his term of office; b) from the pregnant employee, upon confirmation
of pregnancy up to five months after delivery. (See Supplementary Law No. 146 of 2014) § 1 Until the law comes to discipline
the provisions of art. 7th, XIX, of the Constitution, the period of paternity leave referred to in
The item is five days. Paragraph 2. Until further legal provision, the
collection of cost contributions of the activities of rural unions will be
along with that of the territorial tax by the same collection body. Paragraph 3 In the first proof of compliance
employer obligations rural, in the form of art. 233, after promulgation
Constitution shall be certified before the the labor court the regularity of the contract
and updates of labor obligations of the whole period. Art. 11. Each Legislative Assembly, with
constituent powers, shall draw up the Constitution within one year from the date of the
promulgation of the Federal Constitution, obeyed the principles of this. Single paragraph. Constitution promulgated
State, will be the responsibility of the Municipal within six months, vote on the Organic Law
in two rounds of discussion and vote, subject to the provisions of the Constitution
Federal and State Constitution. Art. 12. It will be created within ninety days
of the promulgation of the Constitution, Commission Territorial Studies, with ten nominees
by the National Congress and five by the Power Executive Officer, for the purpose of
studies on the national territory and preliminary projects concerning new territorial units, notably
Legal Amazon and pending areas of solution. Paragraph 1. Within one year, the Commission shall submit
to the National Congress the results of their studies to, under the Constitution,
appreciated over the following twelve months, extinguishing soon after. Paragraph 2. States and Municipalities shall,
within three years of the promulgation Constitution, to promote, by agreement
or arbitration, the demarcation of its lines currently litigious dividers and may
to do that make changes and compensations that respond to natural accidents,
historical criteria, administrative conveniences and convenience of neighboring populations. Paragraph 3. Upon request by States and
Municipalities concerned, the Union may undertake the demarcation work. Paragraph 4. If, after a period of three years,
from the promulgation of the Constitution, the demarcation works have not been
concluded, it will be for the Union to determine the boundaries of the litigious areas. Paragraph 5. The following are recognized and approved:
current limits of the state of Acre with the Amazonas and Rondônia, according to surveys
cartographic and geodetic surveys Tripartite Commission made up of representatives
States and technical-specialized services from the Brazilian Institute of Geography and Statistics. Art. 13. The State of Tocantins is created,
by dismembering the area described in this article by giving its installation in the fortieth
sixth day after the election provided for in § 3, but not before January 1, 1989. Paragraph 1. The State of Tocantins is part of the Region.
North and is limited to the state of Goiás by northern boundaries of the municipalities of São Miguel
of Araguaia, Porangatu, Beautiful, Minaçu, Cavalcante, Monte Alegre de Goiás and Campos
Beautiful, conserving east, north and west Goiás current currencies with the
from Bahia, Piauí, Maranhão, Pará and Mato Thick. Paragraph 2. The Executive Branch shall designate one of the
cities of the state to its provisional capital until approval of the final seat of government
by the Constituent Assembly. Paragraph 3. The Governor, the Deputy Governor, the
Senators, Federal Deputies and Deputies State will be elected in a single round,
until seventy-five days after enactment of the Constitution, but not before 15
November 1988 at the discretion of the Court Electoral Superior, obeyed, among others,
the following standards: I – the term of party affiliation of
candidates will be closed seventy-five days before the election date; II – the dates of the party regional conventions
to deliberate on coalitions and choice of candidates, presentation
Application Form chosen and other legal procedures
shall be fixed in a special calendar by the Electoral justice; III – the occupants of positions are ineligible
state or municipal authorities that have not away from them, in a definitive way, seventy
and five days before the election date provided for in this paragraph; IV – the current directories are kept
regional political parties Goiás, and the executive committees
designate interim committees in the state of Tocantins, under and for
the purposes provided by law. Paragraph 4. The terms of office of the Governor, the Deputy Governor,
of the elected Federal and State Deputies in the form of the previous paragraph shall be extinguished
concomitantly with those of the other units of the Federation; the mandate of the elected senator
least voted will be extinguished at the same time, and those of the other two, along with those of
Senators elected in 1986 in the other states. Paragraph 5. The Constituent State Assembly
will be installed on the forty-sixth day of the election of its members, but not
before January 1, 1989, under the presidency of the President of the Regional Electoral Court
Goiás State, and will give possession, in the same date, to the Governor and Deputy Governor-elect. Paragraph 6. They apply to the creation and installation.
State of Tocantins, as appropriate, the disciplinary legal rules of the division
State of Mato Grosso, subject to the provisions of in art. 234 of the Constitution. Paragraph 7. The State of Goiás is released from
debts and charges arising from ventures in the territory of the new State, and authorized
the Union, at its discretion, to assume those debts. Art. 14. The Federal Territories of Roraima
and Amapá are transformed into states Federated, maintained their current geographical limits. Paragraph 1. The installation of States shall take place
with the inauguration of the governors elected in 1990. Paragraph 2. They apply to the transformation and installation.
States of Roraima and Amapá and criteria followed in creating the state
Rondônia, subject to the provisions of the Constitution and in this Act. Paragraph 3. The President of the Republic, up to forty
and five days after the promulgation of the Constitution, will submit to the appreciation of the Federal Senate
the names of the governors of the states of Roraima and Amapá who will exercise the Executive
until the installation of the new states with the tenure of the governors-elect. Paragraph 4 Until the transformation has been completed
States pursuant to this Article, the Territories Roraima and Amapá States will benefit
the transfer of resources provided for in arts. 159, I, “a”, of the Constitution, and 34,
Paragraph 2, II, of this Act. Art. 15. The Federal Territory is extinguished
de Fernando de Noronha, being his area reincorporated to the state of Pernambuco. Art. 16. Until the provisions of
art. 32, § 2, of the Constitution, will to the President of the Republic, with the approval
Federal Senate, appoint the Governor and the Deputy Governor of the Federal District. Paragraph 1. The competence of the Legislative Chamber
Federal District until it is installed, will be exercised by the Federal Senate. Paragraph 2. The accounting, financial,
budgetary, operational and equity Federal District, as long as it is not installed
the Legislative Chamber, shall be exercised by Federal Senate, through external control,
with the help of the District Court of Auditors Federal Government, subject to the provisions of art. 72 of
Constitution. Paragraph 3. The assets of the District are included.
Those assigned to the Federal Government by the Union in accordance with the law. Article 17. Salaries, remuneration,
the advantages and the extras as well as the retirement earnings that are being
perceived in disagreement with the Constitution shall be immediately reduced to the limits
resulting from it, not admitting, in this case, invocation of vested right or
perception of excess in any capacity. (See Constitutional Amendment No. 41, 19.12.2003) Paragraph 1. The cumulative exercise is assured.
two positions or private doctor jobs being exercised by military doctor
in direct or indirect public administration. Paragraph 2. The cumulative exercise is assured.
two positions or private jobs of professionals being exercised in the administration
direct or indirect public Art. 18. The legal effects are extinguished.
any legislative or administrative act, drawn up from the installation of the Assembly
Constituent Authority, which has as its object granted server stability granted
without open competition from the direct or indirect, including foundations
instituted and maintained by the Government. Art. 19. Civil civil servants of the
Union, the States, the Federal District and Municipalities, direct administration,
municipal authorities and public foundations in exercise on the date of the promulgation of the Constitution,
for at least five continuous years and that have not been admitted in the regulated form
in art. 37 of the Constitution are considered stable in the public service. § 1 The service time of the servers
referred to in this article shall be counted as title when submitting to the competition to
purposes, according to the law. Paragraph 2. The provisions of this article shall not apply
to occupants of positions, functions and employment in trust or in commission, nor to those who
the law declares free exoneration, whose length of service will not be counted for
purposes of the “caput” of this article, unless otherwise it’s about server. Paragraph 3. The provisions of this article shall not apply
to higher level teachers in accordance with of law. Article 20. Within one hundred and eighty days, there shall be
the revision of civil servants’ rights inactive and pensioners and the
income and pensions owed to them, the adjust them to the provisions of the Constitution. Art. 21. The judges of the investiture
limited in time, admitted by tender evidence and titles and are
on the date of promulgation of the Constitution, acquire stability, observed
the probationary stage, and now compose endangered framework, maintaining the competences,
prerogatives and restrictions of to which they were subjected, save the inherent
the transience of the endowment. Single paragraph. The retirement of judges
dealt with in this article shall be governed by rules set for other state judges. Art. 22. It is assured to public defenders
investidos na função até a data de instalação da Assembléia Nacional Constituinte o direito
de opção pela carreira, com a observância das garantias e vedações previstas no art.
134, parágrafo único, da Constituição. Art. 23. Até que se edite a regulamentação
of art. 21, XVI, da Constituição, os atuais ocupantes do cargo de censor federal continuarão
exercendo funções com este compatíveis, no Departamento de Polícia Federal, observadas
as disposições constitucionais. Single paragraph. A lei referida disporá
sobre o aproveitamento dos Censores Federais, nos termos deste artigo. Art. 24. A União, os Estados, o Distrito
Federal e os Municípios editarão leis que estabeleçam critérios para a compatibilização
de seus quadros de pessoal ao disposto no art. 39 da Constituição e à reforma administrativa
dela decorrente, no prazo de dezoito meses, contados da sua promulgação. Art. 25. Ficam revogados, a partir de cento
e oitenta dias da promulgação da Constituição, sujeito este prazo a prorrogação por lei,
todos os dispositivos legais que atribuam ou deleguem a órgão do Poder Executivo competência
assinalada pela Constituição ao Congresso Nacional, especialmente no que tange a: I – ação normativa; II – alocação ou transferência de recursos
de qualquer espécie. § 1º Os decretos-lei em tramitação no
Congresso Nacional e por este não apreciados até a promulgação da Constituição terão
seus efeitos regulados da seguinte forma: I – se editados até 2 de setembro de 1988,
serão apreciados pelo Congresso Nacional no prazo de até cento e oitenta dias a contar
da promulgação da Constituição, não computado o recesso parlamentar; II – decorrido o prazo definido no inciso
anterior, e não havendo apreciação, os decretos-lei alí mencionados serão considerados
rejeitados; III – nas hipóteses definidas nos incisos
I e II, terão plena validade os atos praticados na vigência dos respectivos decretos-lei,
podendo o Congresso Nacional, se necessário, legislar sobre os efeitos deles remanescentes. § 2º Os decretos-lei editados entre 3 de
setembro de 1988 e a promulgação da Constituição serão convertidos, nesta data, em medidas
provisórias, aplicando-se-lhes as regras estabelecidas no art. 62, parágrafo único. Art. 26. No prazo de um ano a contar da promulgação
da Constituição, o Congresso Nacional promoverá, através de Comissão mista, exame analítico
e pericial dos atos e fatos geradores do endividamento externo brasileiro. § 1º A Comissão terá a força legal de
Comissão parlamentar de inquérito para os fins de requisição e convocação, e atuará
com o auxílio do Tribunal de Contas da União. § 2º Apurada irregularidade, o Congresso
Nacional proporá ao Poder Executivo a declaração de nulidade do ato e encaminhará o processo
ao Ministério Público Federal, que formalizará, no prazo de sessenta dias, a ação cabível. Art. 27. O Superior Tribunal de Justiça será
instalado sob a Presidência do Supremo Tribunal Federal. § 1º Até que se instale o Superior Tribunal
de Justiça, o Supremo Tribunal Federal exercerá as atribuições e competências definidas
na ordem constitucional precedente. § 2º A composição inicial do Superior
Tribunal de Justiça far-se-á: I – pelo aproveitamento dos Ministros do Tribunal
Federal de Recursos; II – pela nomeação dos Ministros que sejam
necessários para completar o número estabelecido na Constituição. § 3º Para os efeitos do disposto na Constituição,
os atuais Ministros do Tribunal Federal de Recursos serão considerados pertencentes
à classe de que provieram, quando de sua nomeação. § 4º Instalado o Tribunal, os Ministros
aposentados do Tribunal Federal de Recursos tornar-se-ão, automaticamente, Ministros
aposentados do Superior Tribunal de Justiça. § 5º Os Ministros a que se refere o § 2º,
II, serão indicados em lista tríplice pelo Tribunal Federal de Recursos, observado o
provided for in art. 104, parágrafo único, da Constitution. § 6º Ficam criados cinco Tribunais Regionais
Federais, a serem instalados no prazo de seis meses a contar da promulgação da Constituição,
com a jurisdição e sede que lhes fixar o Tribunal Federal de Recursos, tendo em conta
o número de processos e sua localização geográfica. § 7º Até que se instalem os Tribunais Regionais
Federais, o Tribunal Federal de Recursos exercerá a competência a eles atribuída em todo o
território nacional, cabendo-lhe promover sua instalação e indicar os candidatos a
todos os cargos da composição inicial, mediante lista tríplice, podendo desta constar juízes
federais de qualquer região, observado o disposto no § 9º. § 8º É vedado, a partir da promulgação
da Constituição, o provimento de vagas de Ministros do Tribunal Federal de Recursos. § 9º Quando não houver juiz federal que
conte o tempo mínimo previsto no art. 107, II, da Constituição, a promoção poderá
contemplar juiz com menos de cinco anos no exercício do cargo. § 10. Compete à Justiça Federal julgar
as ações nela propostas até a data da promulgação da Constituição, e aos Tribunais Regionais
Federais bem como ao Superior Tribunal de Justiça julgar as ações rescisórias das
decisões até então proferidas pela Justiça Federal, inclusive daquelas cuja matéria
tenha passado à competência de outro ramo do Judiciário. § 11. São criados, ainda, os seguintes Tribunais
Regionais Federais: o da 6ª Região, com sede em Curitiba, Estado do Paraná, e jurisdição
nos Estados do Paraná, Santa Catarina e Mato Grosso do Sul; o da 7ª Região, com sede
em Belo Horizonte, Estado de Minas Gerais, e jurisdição no Estado de Minas Gerais;
o da 8ª Região, com sede em Salvador, Estado da Bahia, e jurisdição nos Estados da Bahia
e Sergipe; e o da 9ª Região, com sede em Manaus, Estado do Amazonas, e jurisdição
nos Estados do Amazonas, Acre, Rondônia e Roraima. (Included by the Constitutional Amendment
nº 73, de 2013) (Vide ADIN nº 5017, de 2013) Art. 28. Os juízes federais de que trata
art. 123, § 2º, da Constituição de 1967, com a redação dada pela Emenda Constitucional
nº 7, de 1977, ficam investidos na titularidade de varas na Seção Judiciária para a qual
tenham sido nomeados ou designados; na inexistência de vagas, proceder-se-á ao desdobramento
das varas existentes. Single paragraph. Para efeito de promoção
por antigüidade, o tempo de serviço desses juízes será computado a partir do dia de
sua posse. Art. 29. Enquanto não aprovadas as leis complementares
relativas ao Ministério Público e à Advocacia-Geral da União, o Ministério Público Federal,
a Procuradoria-Geral da Fazenda Nacional, as Consultorias Jurídicas dos Ministérios,
as Procuradorias e Departamentos Jurídicos de autarquias federais com representação
própria e os membros das Procuradorias das Universidades fundacionais públicas continuarão
a exercer suas atividades na área das respectivas atribuições. § 1º O Presidente da República, no prazo
de cento e vinte dias, encaminhará ao Congresso Nacional projeto de lei complementar dispondo
sobre a organização e o funcionamento da Advocacia-Geral da União. § 2º Aos atuais Procuradores da República,
nos termos da lei complementar, será facultada a opção, de forma irretratável, entre as
carreiras do Ministério Público Federal e da Advocacia-Geral da União. § 3º Poderá optar pelo regime anterior,
no que respeita às garantias e vantagens, o membro do Ministério Público admitido
antes da promulgação da Constituição, observando-se, quanto às vedações, a situação
jurídica na data desta. § 4º Os atuais integrantes do quadro suplementar
dos Ministérios Públicos do Trabalho e Militar que tenham adquirido estabilidade nessas funções
passam a integrar o quadro da respectiva carreira. § 5º Cabe à atual Procuradoria-Geral da
Fazenda Nacional, diretamente ou por delegação, que pode ser ao Ministério Público Estadual,
representar judicialmente a União nas causas de natureza fiscal, na área da respectiva
competência, até a promulgação das leis complementares previstas neste artigo. Art. 30. A legislação que criar a justiça
de paz manterá os atuais juízes de paz até a posse dos novos titulares, assegurando-lhes
os direitos e atribuições conferidos a estes, e designará o dia para a eleição prevista
in art. 98, II, da Constituição. Art. 31. Serão estatizadas as serventias
do foro judicial, assim definidas em lei, respeitados os direitos dos atuais titulares. Art. 32. O disposto no art. 236 não se aplica
aos serviços notariais e de registro que já tenham sido oficializados pelo Poder Público,
respeitando-se o direito de seus servidores. Art. 33. Ressalvados os créditos de natureza
alimentar, o valor dos precatórios judiciais pendentes de pagamento na data da promulgação
da Constituição, incluído o remanescente de juros e correção monetária, poderá
ser pago em moeda corrente, com atualização, em prestações anuais, iguais e sucessivas,
no prazo máximo de oito anos, a partir de 1º de julho de 1989, por decisão editada
pelo Poder Executivo até cento e oitenta dias da promulgação da Constituição. Single paragraph. Poderão as entidades devedoras,
para o cumprimento do disposto neste artigo, emitir, em cada ano, no exato montante do
dispêndio, títulos de dívida pública não computáveis para efeito do limite global
de endividamento. Art. 34. O sistema tributário nacional entrará
em vigor a partir do primeiro dia do quinto mês seguinte ao da promulgação da Constituição,
mantido, até então, o da Constituição de 1967, com a redação dada pela Emenda
nº 1, de 1969, e pelas posteriores. § 1º Entrarão em vigor com a promulgação
da Constituição os arts. 148, 149, 150, 154, I, 156, III, e 159, I, “c”, revogadas
as disposições em contrário da Constituição de 1967 e das Emendas que a modificaram, especialmente
de seu art. 25, III. § 2º O Fundo de Participação dos Estados
e do Distrito Federal e o Fundo de Participação dos Municípios obedecerão às seguintes
determinações: I – a partir da promulgação da Constituição,
os percentuais serão, respectivamente, de dezoito por cento e de vinte por cento, calculados
sobre o produto da arrecadação dos impostos referidos no art. 153, III e IV, mantidos
os atuais critérios de rateio até a entrada em vigor da lei complementar a que se refere
art. 161, II; II – o percentual relativo ao Fundo de Participação
dos Estados e do Distrito Federal será acrescido de um ponto percentual no exercício financeiro
de 1989 e, a partir de 1990, inclusive, à razão de meio ponto por exercício, até
1992, inclusive, atingindo em 1993 o percentual estabelecido no art. 159, I, “a”; III – o percentual relativo ao Fundo de Participação
dos Municípios, a partir de 1989, inclusive, será elevado à razão de meio ponto percentual
por exercício financeiro, até atingir o estabelecido no art. 159, I, “b”. § 3º Promulgada a Constituição, a União,
States, Federal District and Municipalities poderão editar as leis necessárias à aplicação
do sistema tributário nacional nela previsto. § 4º As leis editadas nos termos do parágrafo
anterior produzirão efeitos a partir da entrada em vigor do sistema tributário nacional previsto
na Constituição. § 5º Vigente o novo sistema tributário
nacional, fica assegurada a aplicação da legislação anterior, no que não seja incompatível
com ele e com a legislação referida nos §3º e § 4º. § 6º Até 31 de dezembro de 1989, o disposto
in art. 150, III, “b”, não se aplica aos impostos de que tratam os arts. 155, I, “a”
e “b”, e 156, II e III, que podem ser cobrados trinta dias após a publicação da lei que
os tenha instituído ou aumentado. § 7º Até que sejam fixadas em lei complementar,
as alíquotas máximas do imposto municipal sobre vendas a varejo de combustíveis líquidos
e gasosos não excederão a três por cento. § 8º Se, no prazo de sessenta dias contados
da promulgação da Constituição, não for editada a lei complementar necessária à
instituição do imposto de que trata o art. 155, I, “b”, os Estados e o Distrito Federal,
mediante convênio celebrado nos termos da Lei Complementar nº 24, de 7 de janeiro de
1975, fixarão normas para regular provisoriamente a matéria. § 9º Até que lei complementar disponha
sobre a matéria, as empresas distribuidoras de energia elétrica, na condição de contribuintes
ou de substitutos tributários, serão as responsáveis, por ocasião da saída do produto
de seus estabelecimentos, ainda que destinado a outra unidade da Federação, pelo pagamento
do imposto sobre operações relativas à circulação de mercadorias incidente sobre
energia elétrica, desde a produção ou importação até a última operação, calculado o imposto
sobre o preço então praticado na operação final e assegurado seu recolhimento ao Estado
ou ao Distrito Federal, conforme o local onde deva ocorrer essa operação. § 10. Enquanto não entrar em vigor a lei
provided for in art. 159, I, “c”, cuja promulgação se fará até 31 de dezembro de 1989, é assegurada
a aplicação dos recursos previstos naquele dispositivo da seguinte maneira: I – seis décimos por cento na Região Norte,
através do Banco da Amazônia SA; II – um inteiro e oito décimos por cento
na Região Nordeste, através do Banco do Nordeste do Brasil SA; III – seis décimos por cento na Região Centro-Oeste,
através do Banco do Brasil SA § 11. Fica criado, nos termos da lei, o Banco
de Desenvolvimento do Centro-Oeste, para dar cumprimento, na referida região, ao que determinam
the arts. 159, I, “c”, e 192, § 2º, da Constituição. § 12. A urgência prevista no art. 148, II,
não prejudica a cobrança do empréstimo compulsório instituído, em benefício das
Centrais Elétricas Brasileiras SA (Eletrobrás), pela Lei nº 4.156, de 28 de novembro de 1962,
com as alterações posteriores. Art. 35. O disposto no art. 165, § 7º, será
cumprido de forma progressiva, no prazo de até dez anos, distribuindo-se os recursos
entre as regiões macroeconômicas em razão proporcional à população, a partir da situação
verificada no biênio 1986-87. § 1º Para aplicação dos critérios de
que trata este artigo, excluem-se das despesas totais as relativas: I – aos projetos considerados prioritários
no plano plurianual; II – à segurança e defesa nacional; III – à manutenção dos órgãos federais
no Distrito Federal; IV – ao Congresso Nacional, ao Tribunal de
Contas da União e ao Poder Judiciário; V – ao serviço da dívida da administração
direta e indireta da União, inclusive fundações instituted and maintained by the Government
federal. § 2º Até a entrada em vigor da lei complementar
referred to in art. 165, § 9º, I e II, serão obedecidas as seguintes normas: I – o projeto do plano plurianual, para vigência
até o final do primeiro exercício financeiro do mandato presidencial subseqüente, será
encaminhado até quatro meses antes do encerramento do primeiro exercício financeiro e devolvido
para sanção até o encerramento da sessão legislativa; II – o projeto de lei de diretrizes orçamentárias
será encaminhado até oito meses e meio antes do encerramento do exercício financeiro e
devolvido para sanção até o encerramento do primeiro período da sessão legislativa; III – o projeto de lei orçamentária da União
será encaminhado até quatro meses antes do encerramento do exercício financeiro e
devolvido para sanção até o encerramento da sessão legislativa. Art. 36. Os fundos existentes na data da promulgação
da Constituição, excetuados os resultantes de isenções fiscais que passem a integrar
patrimônio privado e os que interessem à defesa nacional, extinguir-se-ão, se não
forem ratificados pelo Congresso Nacional no prazo de dois anos. Art. 37. A adaptação ao que estabelece o
art. 167, III, deverá processar-se no prazo de cinco anos, reduzindo-se o excesso à base
de, pelo menos, um quinto por ano. Art. 38. Até a promulgação da lei complementar
referida no art. 169, a União, os Estados, o Distrito Federal e os Municípios não poderão
despender com pessoal mais do que sessenta e cinco por cento do valor das respectivas
receitas correntes. Single paragraph. A União, os Estados, o
Distrito Federal e os Municípios, quando a respectiva despesa de pessoal exceder o
limite previsto neste artigo, deverão retornar àquele limite, reduzindo o percentual excedente
à razão de um quinto por ano. Art. 39. Para efeito do cumprimento das disposições
constitucionais que impliquem variações de despesas e receitas da União, após a
promulgação da Constituição, o Poder Executivo deverá elaborar e o Poder Legislativo apreciar
projeto de revisão da lei orçamentária referente ao exercício financeiro de 1989. Single paragraph. O Congresso Nacional deverá
votar no prazo de doze meses a lei complementar provided for in art. 161, II. Art. 40. É mantida a Zona Franca de Manaus,
com suas características de área livre de comércio, de exportação e importação,
e de incentivos fiscais, pelo prazo de vinte e cinco anos, a partir da promulgação da
Constitution. Single paragraph. Somente por lei federal
podem ser modificados os critérios que disciplinaram ou venham a disciplinar a aprovação dos
projetos na Zona Franca de Manaus. Art. 41. Os Poderes Executivos da União,
States, Federal District and Municipalities reavaliarão todos os incentivos fiscais de
natureza setorial ora em vigor, propondo aos Poderes Legislativos respectivos as medidas
appropriate. § 1º Considerar-se-ão revogados após dois
anos, a partir da data da promulgação da Constituição, os incentivos que não forem
confirmados por lei. § 2º A revogação não prejudicará os
direitos que já tiverem sido adquiridos, àquela data, em relação a incentivos concedidos
sob condição e com prazo certo. § 3º Os incentivos concedidos por convênio
entre Estados, celebrados nos termos do art. 23, § 6º, da Constituição de 1967, com
a redação da Emenda Constitucional nº 1, de 17 de outubro de 1969, também deverão
ser reavaliados e reconfirmados nos prazos deste artigo. Art. 42. Durante 40 (quarenta) anos, a União
aplicará dos recursos destinados à irrigação: (Wording given by the Constitutional Amendment
nº 89, de 2015) I – 20% (vinte por cento) na Região Centro-Oeste;
(Wording given by the Constitutional Amendment nº 89, de 2015) II – 50% (cinquenta por cento) na Região
Nordeste, preferencialmente no Semiárido. (Wording given by the Constitutional Amendment
nº 89, de 2015) Single paragraph. Dos percentuais previstos
nos incisos I e II do caput, no mínimo 50% (cinquenta por cento) serão destinados a
projetos de irrigação que beneficiem agricultores familiares que atendam aos requisitos previstos
em legislação específica. (Included by Emenda Constitucional nº 89, de 2015) Art. 43. Na data da promulgação da lei que
disciplinar a pesquisa e a lavra de recursos e jazidas minerais, ou no prazo de um ano,
a contar da promulgação da Constituição, tornar-se-ão sem efeito as autorizações,
concessões e demais títulos atributivos de direitos minerários, caso os trabalhos
de pesquisa ou de lavra não hajam sido comprovadamente iniciados nos prazos legais ou estejam inativos.
(Regulation) Art. 44. As atuais empresas brasileiras titulares
de autorização de pesquisa, concessão de lavra de recursos minerais e de aproveitamento
dos potenciais de energia hidráulica em vigor terão quatro anos, a partir da promulgação
da Constituição, para cumprir os requisitos of art. 176, § 1º. § 1º Ressalvadas as disposições de interesse
nacional previstas no texto constitucional, as empresas brasileiras ficarão dispensadas
do cumprimento do disposto no art. 176, § 1º, desde que, no prazo de até quatro anos da
data da promulgação da Constituição, tenham o produto de sua lavra e beneficiamento destinado
a industrialização no território nacional, em seus próprios estabelecimentos ou em empresa
industrial controladora ou controlada. § 2º Ficarão também dispensadas do cumprimento
do disposto no art. 176, § 1º, as empresas brasileiras titulares de concessão de energia
hidráulica para uso em seu processo de industrialização. § 3º As empresas brasileiras referidas no
§ 1º somente poderão ter autorizações de pesquisa e concessões de lavra ou potenciais
de energia hidráulica, desde que a energia e o produto da lavra sejam utilizados nos
respectivos processos industriais. Art. 45. Ficam excluídas do monopólio estabelecido
pelo art. 177, II, da Constituição as refinarias em funcionamento no País amparadas pelo art.
43 e nas condições do art. 45 da Lei nº 2.004, de 3 de outubro de 1953. Single paragraph. Ficam ressalvados da vedação
of art. 177, § 1º, os contratos de risco feitos com a Petróleo Brasileiro SA (Petrobrás),
para pesquisa de petróleo, que estejam em vigor na data da promulgação da Constituição. Art. 46. São sujeitos à correção monetária
desde o vencimento, até seu efetivo pagamento, sem interrupção ou suspensão, os créditos
junto a entidades submetidas aos regimes de intervenção ou liquidação extrajudicial,
mesmo quando esses regimes sejam convertidos em falência. Single paragraph. The provisions of this article
aplica-se também: I – às operações realizadas posteriormente
à decretação dos regimes referidos no “caput” of this article; II – às operações de empréstimo, financiamento,
refinanciamento, assistência financeira de liquidez, cessão ou sub-rogação de créditos
ou cédulas hipotecárias, efetivação de garantia de depósitos do público ou de compra
de obrigações passivas, inclusive as realizadas com recursos de fundos que tenham essas destinações; III – aos créditos anteriores à promulgação
da Constituição; IV – aos créditos das entidades da administração
pública anteriores à promulgação da Constituição, não liquidados até 1 de janeiro de 1988. Art. 47. Na liquidação dos débitos, inclusive
suas renegociações e composições posteriores, ainda que ajuizados, decorrentes de quaisquer
empréstimos concedidos por bancos e por instituições financeiras, não existirá correção monetária
desde que o empréstimo tenha sido concedido: I – aos micro e pequenos empresários ou seus
estabelecimentos no período de 28 de fevereiro de 1986 a 28 de fevereiro de 1987; II – ao mini, pequenos e médios produtores
rurais no período de 28 de fevereiro de 1986 a 31 de dezembro de 1987, desde que relativos
a crédito rural. § 1º Consideram-se, para efeito deste artigo,
microempresas as pessoas jurídicas e as firmas individuais com receitas anuais de até dez
mil Obrigações do Tesouro Nacional, e pequenas empresas as pessoas jurídicas e as firmas
individuais com receita anual de até vinte e cinco mil Obrigações do Tesouro Nacional. § 2º A classificação de mini, pequeno
e médio produtor rural será feita obedecendo-se às normas de crédito rural vigentes à época
do contrato. § 3º A isenção da correção monetária
a que se refere este artigo só será concedida nos seguintes casos: I – se a liquidação do débito inicial,
acrescido de juros legais e taxas judiciais, vier a ser efetivada no prazo de noventa dias,
a contar da data da promulgação da Constituição; II – se a aplicação dos recursos não contrariar
a finalidade do financiamento, cabendo o ônus da prova à instituição credora; III – se não for demonstrado pela instituição
credora que o mutuário dispõe de meios para o pagamento de seu débito, excluído desta
demonstração seu estabelecimento, a casa de moradia e os instrumentos de trabalho e
produção; IV – se o financiamento inicial não ultrapassar
o limite de cinco mil Obrigações do Tesouro Nacional; V – se o beneficiário não for proprietário
de mais de cinco módulos rurais. § 4º Os benefícios de que trata este artigo
não se estendem aos débitos já quitados e aos devedores que sejam constituintes. § 5º No caso de operações com prazos de
vencimento posteriores à data- limite de liquidação da dívida, havendo interesse
do mutuário, os bancos e as instituições financeiras promoverão, por instrumento próprio,
alteração nas condições contratuais originais de forma a ajustá-las ao presente benefício. § 6º A concessão do presente benefício
por bancos comerciais privados em nenhuma hipótese acarretará ônus para o Poder Público,
ainda que através de refinanciamento e repasse de recursos pelo banco central. § 7º No caso de repasse a agentes financeiros
oficiais ou cooperativas de crédito, o ônus recairá sobre a fonte de recursos originária. Art. 48. O Congresso Nacional, dentro de cento
e vinte dias da promulgação da Constituição, elaborará código de defesa do consumidor. Art. 49. A lei disporá sobre o instituto
da enfiteuse em imóveis urbanos, sendo facultada aos foreiros, no caso de sua extinção, a
remição dos aforamentos mediante aquisição do domínio direto, na conformidade do que
dispuserem os respectivos contratos. § 1º Quando não existir cláusula contratual,
serão adotados os critérios e bases hoje vigentes na legislação especial dos imóveis
of the Union. § 2º Os direitos dos atuais ocupantes inscritos
ficam assegurados pela aplicação de outra modalidade de contrato. § 3º A enfiteuse continuará sendo aplicada
aos terrenos de marinha e seus acrescidos, situados na faixa de segurança, a partir
da orla marítima. § 4º Remido o foro, o antigo titular do
domínio direto deverá, no prazo de noventa dias, sob pena de responsabilidade, confiar
à guarda do registro de imóveis competente toda a documentação a ele relativa. Art. 50. Lei agrícola a ser promulgada no
prazo de um ano disporá, nos termos da Constituição, sobre os objetivos e instrumentos de política
agrícola, prioridades, planejamento de safras, comercialização, abastecimento interno,
mercado externo e instituição de crédito fundiário. Art. 51. Serão revistos pelo Congresso Nacional,
através de Comissão mista, nos três anos a contar da data da promulgação da Constituição,
todas as doações, vendas e concessões de terras públicas com área superior a três
mil hectares, realizadas no período de 1º de janeiro de 1962 a 31 de dezembro de 1987. § 1º No tocante às vendas, a revisão será
feita com base exclusivamente no critério de legalidade da operação. § 2º No caso de concessões e doações,
a revisão obedecerá aos critérios de legalidade e de conveniência do interesse público. § 3º Nas hipóteses previstas nos parágrafos
anteriores, comprovada a ilegalidade, ou havendo interesse público, as terras reverterão
ao patrimônio da União, dos Estados, do Distrito Federal ou dos Municípios. Art. 52. Até que sejam fixadas as condições
of art. 192, são vedados: (Redação dada Constitutional Amendment No. 40 of 2003) I – a instalação, no País, de novas agências
de instituições financeiras domiciliadas abroad; II – o aumento do percentual de participação,
no capital de instituições financeiras com sede no País, de pessoas físicas ou jurídicas
residentes ou domiciliadas no exterior. Single paragraph. A vedação a que se refere
este artigo não se aplica às autorizações resultantes de acordos internacionais, de
reciprocidade, ou de interesse do Governo Brazilian. Art. 53. Ao ex-combatente que tenha efetivamente
participado de operações bélicas durante a Segunda Guerra Mundial, nos termos da Lei
nº 5.315, de 12 de setembro de 1967, serão assegurados os seguintes direitos: I – aproveitamento no serviço público, sem
a exigência de concurso, com estabilidade; II – pensão especial correspondente à deixada
por segundo-tenente das Forças Armadas, que poderá ser requerida a qualquer tempo, sendo
inacumulável com quaisquer rendimentos recebidos dos cofres públicos, exceto os benefícios
previdenciários, ressalvado o direito de opção; III – em caso de morte, pensão à viúva
ou companheira ou dependente, de forma proporcional, de valor igual à do inciso anterior; IV – assistência médica, hospitalar e educacional
gratuita, extensiva aos dependentes; V – aposentadoria com proventos integrais
aos vinte e cinco anos de serviço efetivo, em qualquer regime jurídico; VI – prioridade na aquisição da casa própria,
para os que não a possuam ou para suas viúvas ou companheiras. Single paragraph. A concessão da pensão
especial do inciso II substitui, para todos os efeitos legais, qualquer outra pensão
já concedida ao ex-combatente. Art. 54. Os seringueiros recrutados nos termos
do Decreto-Lei nº 5.813, de 14 de setembro de 1943, e amparados pelo Decreto-Lei nº
9.882, de 16 de setembro de 1946, receberão, quando carentes, pensão mensal vitalícia
no valor de dois salários mínimos. § 1º – O benefício é estendido aos seringueiros
que, atendendo a apelo do Governo brasileiro, contribuíram para o esforço de guerra, trabalhando
na produção de borracha, na Região Amazônica, durante a Segunda Guerra Mundial. § 2º Os benefícios estabelecidos neste
artigo são transferíveis aos dependentes reconhecidamente carentes. § 3º A concessão do benefício far-se-á
conforme lei a ser proposta pelo Poder Executivo dentro de cento e cinqüenta dias da promulgação
da Constituição. Art. 54-A. Os seringueiros de que trata o
art. 54 deste Ato das Disposições Constitucionais Transitórias receberão indenização, em
parcela única, no valor de R$ 25.000,00 (vinte e cinco mil reais). (Included by the Amendment
Constitucional nº 78, de 2014) (Vide Emenda Constitucional nº 78, de 2014) Art. 55. Até que seja aprovada a lei de diretrizes
orçamentárias, trinta por cento, no mínimo, do orçamento da seguridade social, excluído
o seguro-desemprego, serão destinados ao setor de saúde. Art. 56. Até que a lei disponha sobre o art.
195, I, a arrecadação decorrente de, no mínimo, cinco dos seis décimos percentuais
correspondentes à alíquota da contribuição de que trata o Decreto-Lei nº 1.940, de 25
de maio de 1982, alterada pelo Decreto-Lei nº 2.049, de 1º de agosto de 1983, pelo
Decreto nº 91.236, de 8 de maio de 1985, e pela Lei nº 7.611, de 8 de julho de 1987,
passa a integrar a receita da seguridade social, ressalvados, exclusivamente no exercício
de 1988, os compromissos assumidos com programas e projetos em andamento. Art. 57. Os débitos dos Estados e dos Municípios
relativos às contribuições previdenciárias até 30 de junho de 1988 serão liquidados,
com correção monetária, em cento e vinte parcelas mensais, dispensados os juros e multas
sobre eles incidentes, desde que os devedores requeiram o parcelamento e iniciem seu pagamento
no prazo de cento e oitenta dias a contar da promulgação da Constituição. § 1º O montante a ser pago em cada um dos
dois primeiros anos não será inferior a cinco por cento do total do débito consolidado
e atualizado, sendo o restante dividido em parcelas mensais de igual valor. § 2º A liquidação poderá incluir pagamentos
na forma de cessão de bens e prestação de serviços, nos termos da Lei nº 7.578,
de 23 de dezembro de 1986. § 3º Em garantia do cumprimento do parcelamento,
os Estados e os Municípios consignarão, anualmente, nos respectivos orçamentos as
dotações necessárias ao pagamento de seus débitos. § 4º Descumprida qualquer das condições
estabelecidas para concessão do parcelamento, o débito será considerado vencido em sua
totalidade, sobre ele incidindo juros de mora; nesta hipótese, parcela dos recursos correspondentes
aos Fundos de Participação, destinada aos Estados e Municípios devedores, será bloqueada
e repassada à previdência social para pagamento de seus débitos. Art. 58. Os benefícios de prestação continuada,
mantidos pela previdência social na data da promulgação da Constituição, terão
seus valores revistos, a fim de que seja restabelecido o poder aquisitivo, expresso em número de
salários mínimos, que tinham na data de sua concessão, obedecendo-se a esse critério
de atualização até a implantação do plano de custeio e benefícios referidos no artigo
seguinte. Single paragraph. As prestações mensais
dos benefícios atualizadas de acordo com este artigo serão devidas e pagas a partir
do sétimo mês a contar da promulgação da Constituição. Art. 59. Os projetos de lei relativos à organização
da seguridade social e aos planos de custeio e de benefício serão apresentados no prazo
máximo de seis meses da promulgação da Constituição ao Congresso Nacional, que
terá seis meses para apreciá-los. Single paragraph. Aprovados pelo Congresso
Nacional, os planos serão implantados progressivamente nos dezoito meses seguintes. Art. 60. Até o 14º (décimo quarto) ano
a partir da promulgação desta Emenda Constitucional, States, Federal District and Municipalities
destinarão parte dos recursos a que se refere o caput do art. 212 da Constituição Federal
à manutenção e desenvolvimento da educação básica e à remuneração condigna dos trabalhadores
da educação, respeitadas as seguintes disposições: (Wording given by the Constitutional Amendment
nº 53, de 2006). (See Constitutional Amendment nº 53, de 2006) (Vide Emenda Constitucional
No. 53 of 2006) I – a distribuição dos recursos e de responsabilidades
entre o Distrito Federal, os Estados e seus Municípios é assegurada mediante a criação,
no âmbito de cada Estado e do Distrito Federal, de um Fundo de Manutenção e Desenvolvimento
da Educação Básica e de Valorização dos Profissionais da Educação – FUNDEB, de natureza
contábil; (Included by the Constitutional Amendment nº 53, de 2006). II – os Fundos referidos no inciso I do caput
deste artigo serão constituídos por 20% (vinte por cento) dos recursos a que se referem
os incisos I, II e III do art. 155; o inciso II do caput do art. 157; os incisos II, III
e IV do caput do art. 158; e as alíneas a eb do inciso I e o inciso II do caput do
art. 159, todos da Constituição Federal, e distribuídos entre cada Estado e seus Municípios,
proporcionalmente ao número de alunos das diversas etapas e modalidades da educação
básica presencial, matriculados nas respectivas redes, nos respectivos âmbitos de atuação
prioritária estabelecidos nos §§ 2º e 3º do art. 211 da Constituição Federal;
(Included by Constitutional Amendment No. 53, de 2006). III – observadas as garantias estabelecidas
nos incisos I, II, III e IV do caput do art. 208 da Constituição Federal e as metas de
universalização da educação básica estabelecidas no Plano Nacional de Educação, a lei disporá
About: (Included by the Constitutional Amendment nº 53, de 2006). a) a organização dos Fundos, a distribuição
proporcional de seus recursos, as diferenças e as ponderações quanto ao valor anual por
aluno entre etapas e modalidades da educação básica e tipos de estabelecimento de ensino;
(Included by Constitutional Amendment No. 53, de 2006). b) a forma de cálculo do valor anual mínimo
por aluno; (Included by the Constitutional Amendment nº 53, de 2006). c) os percentuais máximos de apropriação
dos recursos dos Fundos pelas diversas etapas e modalidades da educação básica, observados
the arts. 208 e 214 da Constituição Federal, bem como as metas do Plano Nacional de Educação;
(Included by Constitutional Amendment No. 53, de 2006). d) a fiscalização e o controle dos Fundos;
(Included by Constitutional Amendment No. 53, de 2006). e) prazo para fixar, em lei específica, piso
salarial profissional nacional para os profissionais do magistério público da educação básica;
(Included by Constitutional Amendment No. 53, de 2006). IV – os recursos recebidos à conta dos Fundos
instituídos nos termos do inciso I do caput deste artigo serão aplicados pelos Estados
e Municípios exclusivamente nos respectivos âmbitos de atuação prioritária, conforme
estabelecido nos §§ 2º e 3º do art. 211 da Constituição Federal; (Included by
Emenda Constitucional nº 53, de 2006). V – a União complementará os recursos dos
Fundos a que se refere o inciso II do caput deste artigo sempre que, no Distrito Federal
e em cada Estado, o valor por aluno não alcançar o mínimo definido nacionalmente, fixado em
observância ao disposto no inciso VII do caput deste artigo, vedada a utilização
dos recursos a que se refere o § 5º do art. 212 da Constituição Federal; (Included
pela Emenda Constitucional nº 53, de 2006). VI – até 10% (dez por cento) da complementação
da União prevista no inciso V do caput deste artigo poderá ser distribuída para os Fundos
por meio de programas direcionados para a melhoria da qualidade da educação, na forma
da lei a que se refere o inciso III do caput of this article; (Included by the Constitutional Amendment
nº 53, de 2006). VII – a complementação da União de que
trata o inciso V do caput deste artigo será de, no mínimo: (Incluído pela Emenda Constitucional
nº 53, de 2006). a) R$ 2.000.000.000,00 (dois bilhões de reais),
no primeiro ano de vigência dos Fundos; (Included pela Emenda Constitucional nº 53, de 2006). b) R$ 3.000.000.000,00 (três bilhões de
reais), no segundo ano de vigência dos Fundos; (Included by Constitutional Amendment No.
53, de 2006). c) R$ 4.500.000.000,00 (quatro bilhões e
quinhentos milhões de reais), no terceiro ano de vigência dos Fundos; (Included by
Emenda Constitucional nº 53, de 2006). d) 10% (dez por cento) do total dos recursos
a que se refere o inciso II do caput deste artigo, a partir do quarto ano de vigência
dos Fundos; (Included by the Constitutional Amendment nº 53, de 2006). VIII – a vinculação de recursos à manutenção
e desenvolvimento do ensino estabelecida no art. 212 da Constituição Federal suportará,
no máximo, 30% (trinta por cento) da complementação da União, considerando-se para os fins deste
inciso os valores previstos no inciso VII do caput deste artigo; (Included by the Amendment
Constitucional nº 53, de 2006). IX – os valores a que se referem as alíneas
a, b, ec do inciso VII do caput deste artigo serão atualizados, anualmente, a partir da
promulgação desta Emenda Constitucional, de forma a preservar, em caráter permanente,
o valor real da complementação da União; (Included by Constitutional Amendment No.
53, de 2006). X – aplica-se à complementação da União
the provisions of art. 160 da Constituição Federal; (Included by Constitutional Amendment No.
53, de 2006). XI – o não-cumprimento do disposto nos incisos
V e VII do caput deste artigo importará crime de responsabilidade da autoridade competente;
(Included by Constitutional Amendment No. 53, de 2006). XII – proporção não inferior a 60% (sessenta
por cento) de cada Fundo referido no inciso I do caput deste artigo será destinada ao
pagamento dos profissionais do magistério da educação básica em efetivo exercício.
(Included by Constitutional Amendment No. 53, de 2006). § 1º A União, os Estados, o Distrito Federal
e os Municípios deverão assegurar, no financiamento da educação básica, a melhoria da qualidade
de ensino, de forma a garantir padrão mínimo definido nacionalmente. (Wording given by
Emenda Constitucional nº 53, de 2006). § 2º O valor por aluno do ensino fundamental,
no Fundo de cada Estado e do Distrito Federal, não poderá ser inferior ao praticado no
âmbito do Fundo de Manutenção e Desenvolvimento do Ensino Fundamental e de Valorização do
Magistério – FUNDEF, no ano anterior à vigência desta Emenda Constitucional. (Wording given
pela Emenda Constitucional nº 53, de 2006). § 3º O valor anual mínimo por aluno do
ensino fundamental, no âmbito do Fundo de Manutenção e Desenvolvimento da Educação
Básica e de Valorização dos Profissionais da Educação – FUNDEB, não poderá ser inferior
ao valor mínimo fixado nacionalmente no ano anterior ao da vigência desta Emenda Constitucional.
(Wording given by the Constitutional Amendment nº 53, de 2006). § 4º Para efeito de distribuição de recursos
dos Fundos a que se refere o inciso I do caput deste artigo, levar-se-á em conta a totalidade
das matrículas no ensino fundamental e considerar-se-á para a educação infantil, para o ensino
médio e para a educação de jovens e adultos 1/3 (um terço) das matrículas no primeiro
ano, 2/3 (dois terços) no segundo ano e sua totalidade a partir do terceiro ano. (Essay
Constitutional Amendment No. 53 of 2006). § 5º A porcentagem dos recursos de constituição
dos Fundos, conforme o inciso II do caput deste artigo, será alcançada gradativamente
nos primeiros 3 (três) anos de vigência dos Fundos, da seguinte forma: (Redação
Constitutional Amendment No. 53 of 2006). I – no caso dos impostos e transferências
constantes do inciso II do caput do art. 155; do inciso IV do caput do art. 158; e das alíneas
aeb do inciso I e do inciso II do caput of art. 159 da Constituição Federal: (Incluído
pela Emenda Constitucional nº 53, de 2006). a) 16,66% (dezesseis inteiros e sessenta e
seis centésimos por cento), no primeiro ano; (Included by Constitutional Amendment No.
53, de 2006). b) 18,33% (dezoito inteiros e trinta e três
centésimos por cento), no segundo ano; (Included pela Emenda Constitucional nº 53, de 2006). c) 20% (vinte por cento), a partir do terceiro
ano; (Included by the Constitutional Amendment nº 53, de 2006). II – no caso dos impostos e transferências
constantes dos incisos I e III do caput do art. 155; do inciso II do caput do art. 157;
e dos incisos II e III do caput do art. 158 da Constituição Federal: (Incluído pela
Emenda Constitucional nº 53, de 2006). a) 6,66% (seis inteiros e sessenta e seis
centésimos por cento), no primeiro ano; (Included pela Emenda Constitucional nº 53, de 2006). b) 13,33% (treze inteiros e trinta e três
centésimos por cento), no segundo ano; (Included pela Emenda Constitucional nº 53, de 2006). c) 20% (vinte por cento), a partir do terceiro
ano. (Included by the Constitutional Amendment nº 53, de 2006). § 6º (Revogado). (Wording given by Amendment
Constitucional nº 53, de 2006). § 7º (Revogado). (Wording given by Amendment
Constitucional nº 53, de 2006). Art. 61. As entidades educacionais a que se
refere o art. 213, bem como as fundações de ensino e pesquisa cuja criação tenha
sido autorizada por lei, que preencham os requisitos dos incisos I e II do referido
artigo e que, nos últimos três anos, tenham recebido recursos públicos, poderão continuar
a recebê-los, salvo disposição legal em contrário. Art. 62. A lei criará o Serviço Nacional
de Aprendizagem Rural (SENAR) nos moldes da legislação relativa ao Serviço Nacional
de Aprendizagem Industrial (SENAI) e ao Serviço Nacional de Aprendizagem do Comércio (SENAC),
sem prejuízo das atribuições dos órgãos públicos que atuam na área. Art. 63. É criada uma Comissão composta
de nove membros, sendo três do Poder Legislativo, três do Poder Judiciário e três do Poder
Executivo, para promover as comemorações do centenário da proclamação da República
e da promulgação da primeira Constituição republicana do País, podendo, a seu critério,
desdobrar-se em tantas subcomissões quantas forem necessárias. Single paragraph. No desenvolvimento de suas
atribuições, a Comissão promoverá estudos, debates e avaliações sobre a evolução
política, social, econômica e cultural do País, podendo articular-se com os governos
estaduais e municipais e com instituições públicas e privadas que desejem participar
dos eventos. Art. 64. A Imprensa Nacional e demais gráficas
Union, States, Federal District e dos Municípios, da administração direta
ou indireta, inclusive fundações instituídas e mantidas pelo Poder Público, promoverão
edição popular do texto integral da Constituição, que será posta à disposição das escolas
e dos cartórios, dos sindicatos, dos quartéis, das igrejas e de outras instituições representativas
da comunidade, gratuitamente, de modo que cada cidadão brasileiro possa receber do
Estado um exemplar da Constituição do Brasil. Art. 65. O Poder Legislativo regulamentará,
no prazo de doze meses, o art. 220, § 4º. Art. 66. São mantidas as concessões de serviços
públicos de telecomunicações atualmente em vigor, nos termos da lei. Art. 67. A União concluirá a demarcação
das terras indígenas no prazo de cinco anos a partir da promulgação da Constituição. Art. 68. Aos remanescentes das comunidades
dos quilombos que estejam ocupando suas terras é reconhecida a propriedade definitiva, devendo
o Estado emitir-lhes os títulos respectivos. Art. 69. Será permitido aos Estados manter
consultorias jurídicas separadas de suas Procuradorias-Gerais ou Advocacias-Gerais,
desde que, na data da promulgação da Constituição, tenham órgãos distintos para as respectivas
funções. Art. 70. Fica mantida atual competência dos
tribunais estaduais até a mesma seja definida na Constituição do Estado, nos termos do
art. 125, § 1º, da Constituição. Art. 71. É instituído, nos exercícios financeiros
de 1994 e 1995, bem assim nos períodos de 01/01/1996 a 30/06/97 e 01/07/97 a 31/12/1999,
o Fundo Social de Emergência, com o objetivo de saneamento financeiro da Fazenda Pública
Federal e de estabilização econômica, cujos recursos serão aplicados prioritariamente
no custeio das ações dos sistemas de saúde e educação, incluindo a complementação
de recursos de que trata o § 3º do art. 60 do Ato das Disposições Constitucionais
Transitórias, benefícios previdenciários e auxílios assistenciais de prestação continuada,
inclusive liquidação de passivo previdenciário, e despesas orçamentárias associadas a programas
de relevante interesse econômico e social. (Wording given by the Constitutional Amendment
nº 17, de 1997) (Vide Emenda Constitucional nº 17, de 1997) § 1º Ao Fundo criado por este artigo não
se aplica o disposto na parte final do inciso II do § 9º do art. 165 da Constituição.
(Renumbered from sole paragraph by Amendment Constitucional nº 10, de 1996) § 2º O Fundo criado por este artigo passa
a ser denominado Fundo de Estabilização Fiscal a partir do início do exercício financeiro
de 1996. (Incluído pela Emenda Constitucional nº 10, de 1996) § 3º O Poder Executivo publicará demonstrativo
da execução orçamentária, de periodicidade bimestral, no qual se discriminarão as fontes
e usos do Fundo criado por este artigo. (Included pela Emenda Constitucional nº 10, de 1996) Art. 72. Integram o Fundo Social de Emergência:
(Incluído pela Emenda Constitucional de Revisão nº 1, de 1994) I – the proceeds of tax collection
about income and earnings of any kind incidente na fonte sobre pagamentos efetuados,
a qualquer título, pela União, inclusive suas autarquias e fundações; (Included
Constitutional Revision Amendment no. 1, de 1994) (Vide Emenda Constitucional nº
17, de 1997) II – a parcela do produto da arrecadação
do imposto sobre renda e proventos de qualquer natureza e do imposto sobre operações de
crédito, câmbio e seguro, ou relativas a títulos e valores mobiliários, decorrente
das alterações produzidas pela Lei nº 8.894, de 21 de junho de 1994, e pelas Leis nºs
8.849 e 8.848, ambas de 28 de janeiro de 1994, e modificações posteriores; (Wording given
pela Emenda Constitucional nº 10, de 1996) III – a parcela do produto da arrecadação
resultante da elevação da alíquota da contribuição social sobre o lucro dos contribuintes a que
se refere o § 1º do Art. 22 da Lei nº 8.212, de 24 de julho de 1991, a qual, nos exercícios
financeiros de 1994 e 1995, bem assim no período de 1º de janeiro de 1996 a 30 de junho de
1997, passa a ser de trinta por cento, sujeita a alteração por lei ordinária, mantidas
as demais normas da Lei nº 7.689, de 15 de dezembro de 1988; (Wording given by Amendment
Constitucional nº 10, de 1996) IV – vinte por cento do produto da arrecadação
de todos os impostos e contribuições da União, já instituídos ou a serem criados,
excetuado o previsto nos incisos I, II e III, observado o disposto nos §§ 3º e 4º; (Essay
dada pela Emenda Constitucional nº 10, de 1996) V – a parcela do produto da arrecadação
da contribuição de que trata a Lei Complementar nº 7, de 7 de setembro de 1970, devida pelas
pessoas jurídicas a que se refere o inciso III deste artigo, a qual será calculada,
nos exercícios financeiros de 1994 a 1995, bem assim nos períodos de 1º de janeiro
de 1996 a 30 de junho de 1997 e de 1º de julho de 1997 a 31 de dezembro de 1999, mediante
a aplicação da alíquota de setenta e cinco centésimos por cento, sujeita a alteração
por lei ordinária posterior, sobre a receita bruta operacional, como definida na legislação
do imposto sobre renda e proventos de qualquer natureza. (Wording given by the Constitutional Amendment
nº 17, de 1997) (Vide Emenda Constitucional nº 17, de 1997) VI – outras receitas previstas em lei específica.
(Incluído pela Emenda Constitucional de Revisão nº 1, de 1994) § 1º As alíquotas e a base de cálculo
previstas nos incisos III e V aplicar-se-ão a partir do primeiro dia do mês seguinte
aos noventa dias posteriores à promulgação desta Emenda. (Included by the Constitutional Amendment
de Revisão nº 1, de 1994) § 2º As parcelas de que tratam os incisos
I, II, III e V serão previamente deduzidas da base de cálculo de qualquer vinculação
ou participação constitucional ou legal, não se lhes aplicando o disposto nos artigos,
159, 212 e 239 da Constituição. (Essay dada pela Emenda Constitucional nº 10, de
1996) § 3º A parcela de que trata o inciso IV
será previamente deduzida da base de cálculo das vinculações ou participações constitucionais
previstas nos artigos 153, § 5º, 157, II, 212 e 239 da Constituição. (Wording given
pela Emenda Constitucional nº 10, de 1996) § 4º O disposto no parágrafo anterior não
se aplica aos recursos previstos nos Artigos 158, II e 159 da Constituição. (Essay
dada pela Emenda Constitucional nº 10, de 1996) § 5º A parcela dos recursos provenientes
do imposto sobre renda e proventos de qualquer natureza, destinada ao Fundo Social de Emergência,
nos termos do inciso II deste artigo, não poderá exceder a cinco inteiros e seis décimos
por cento do total do produto da sua arrecadação. (Wording given by the Constitutional Amendment
nº 10, de 1996) Art. 73. Na regulação do Fundo Social de
Emergência não poderá ser utilizado o instrumento previsto no inciso V do art. 59 da Constituição.
(Incluído pela Emenda Constitucional de Revisão nº 1, de 1994) Art. 74. A União poderá instituir contribuição
provisória sobre movimentação ou transmissão de valores e de créditos e direitos de natureza
financeira. (Included by the Constitutional Amendment nº 12, de 1996) § 1º A alíquota da contribuição de que
trata este artigo não excederá a vinte e cinco centésimos por cento, facultado ao
Poder Executivo reduzi-la ou restabelecê-la, total ou parcialmente, nas condições e limites
fixados em lei. (Included by the Constitutional Amendment nº 12, de 1996) § 2º A contribuição de que trata este
artigo não se aplica o disposto nos arts. 153, § 5º, e 154, I, da Constituição.
(Included by Constitutional Amendment No. 12, de 1996) § 3º O produto da arrecadação da contribuição
de que trata este artigo será destinado integralmente ao Fundo Nacional de Saúde, para financiamento
das ações e serviços de saúde. (Included pela Emenda Constitucional nº 12, de 1996) § 4º A contribuição de que trata este
artigo terá sua exigibilidade subordinada to the provisions of art. 195, § 6º, da Constituição,
e não poderá ser cobrada por prazo superior a dois anos. (Included by the Constitutional Amendment
nº 12, de 1996) Art. 75. É prorrogada, por trinta e seis
meses, a cobrança da contribuição provisória sobre movimentação ou transmissão de valores
e de créditos e direitos de natureza financeira de que trata o art. 74, instituída pela Lei
nº 9.311, de 24 de outubro de 1996, modificada pela Lei nº 9.539, de 12 de dezembro de 1997,
cuja vigência é também prorrogada por idêntico prazo. (Included by the Constitutional Amendment
nº 21, de 1999) § 1º Observado o disposto no § 6º do art.
195 da Constituição Federal, a alíquota da contribuição será de trinta e oito centésimos
por cento, nos primeiros doze meses, e de trinta centésimos, nos meses subseqüentes,
facultado ao Poder Executivo reduzi-la total ou parcialmente, nos limites aqui definidos.
(Included by Constitutional Amendment No. 21, de 1999) § 2º O resultado do aumento da arrecadação,
decorrente da alteração da alíquota, nos exercícios financeiros de 1999, 2000 e 2001,
será destinado ao custeio da previdência Social. (Included by the Constitutional Amendment
nº 21, de 1999) § 3º É a União autorizada a emitir títulos
da dívida pública interna, cujos recursos serão destinados ao custeio da saúde e da
previdência social, em montante equivalente ao produto da arrecadação da contribuição,
prevista e não realizada em 1999. (Incluído pela Emenda Constitucional nº 21, de 1999)
(Vide ADIN nº 2.031-5) Art. 76. São desvinculados de órgão, fundo
ou despesa, até 31 de dezembro de 2023, 30% (trinta por cento) da arrecadação da União
relativa às contribuições sociais, sem prejuízo do pagamento das despesas do Regime
Geral da Previdência Social, às contribuições de intervenção no domínio econômico e
às taxas, já instituídas ou que vierem a ser criadas até a referida data. (Essay
dada pela Emenda constitucional nº 93) § 1º (Revogado). (Wording given by Amendment
constitucional nº 93) Produção de efeitos § 2° Excetua-se da desvinculação de que
trata o caput a arrecadação da contribuição social do salário-educação a que se refere
o § 5º do art. 212 da Constituição Federal. (Wording given by the Constitutional Amendment
nº 68, de 2011). § 3º (Revogado). (Wording given by Amendment
constitucional nº 93) Produção de efeitos Art. 76-A. São desvinculados de órgão,
fundo ou despesa, até 31 de dezembro de 2023, 30% (trinta por cento) das receitas dos Estados
e do Distrito Federal relativas a impostos, taxas e multas, já instituídos ou que vierem
a ser criados até a referida data, seus adicionais e respectivos acréscimos legais, e outras
receitas correntes. (Included by Amendment constitucional nº 93) Produção de efeitos Single paragraph. Excetuam-se da desvinculação
de que trata o caput: (Incluído dada pela Emenda constitucional nº 93) Produção de
effects I – recursos destinados ao financiamento das
ações e serviços públicos de saúde e à manutenção e desenvolvimento do ensino
de que tratam, respectivamente, os incisos II e III do § 2º do art. 198 e o art. 212
da Constituição Federal; (Included given pela Emenda constitucional nº 93) Produção
de efeitos II – receitas que pertencem aos Municípios
decorrentes de transferências previstas na Constituição Federal; (Included given by
Emenda constitucional nº 93) Produção de effects III – receitas de contribuições previdenciárias
e de assistência à saúde dos servidores; (Incluído dada pela Emenda constitucional
nº 93) Produção de efeitos IV – demais transferências obrigatórias
e voluntárias entre entes da Federação com destinação especificada em lei; (Included
dada pela Emenda constitucional nº 93) Produção de efeitos V – fundos instituídos pelo Poder Judiciário,
pelos Tribunais de Contas, pelo Ministério Público, pelas Defensorias Públicas e pelas
Procuradorias-Gerais dos Estados e do Distrito Federal. (Incluído dada pela Emenda constitucional
nº 93) Produção de efeitos Art. 76-B. São desvinculados de órgão,
fundo ou despesa, até 31 de dezembro de 2023, 30% (trinta por cento) das receitas dos Municípios
relativas a impostos, taxas e multas, já instituídos ou que vierem a ser criados até
a referida data, seus adicionais e respectivos acréscimos legais, e outras receitas correntes.
(Incluído dada pela Emenda constitucional nº 93) Produção de efeitos Single paragraph. Excetuam-se da desvinculação
de que trata o caput: (Incluído dada pela Emenda constitucional nº 93) Produção de
effects I – recursos destinados ao financiamento das
ações e serviços públicos de saúde e à manutenção e desenvolvimento do ensino
de que tratam, respectivamente, os incisos II e III do § 2º do art. 198 e o art. 212
da Constituição Federal; (Included given pela Emenda constitucional nº 93) Produção
de efeitos II – receitas de contribuições previdenciárias
e de assistência à saúde dos servidores; (Incluído dada pela Emenda constitucional
nº 93) Produção de efeitos III – transferências obrigatórias e voluntárias
entre entes da Federação com destinação especificada em lei; (Included given by
Emenda constitucional nº 93) Produção de effects IV – fundos instituídos pelo Tribunal de
Contas do Município. (Included given by Emenda constitucional nº 93) Produção de
effects Art. 77. Até o exercício financeiro de 2004,
os recursos mínimos aplicados nas ações e serviços públicos de saúde serão equivalentes:
(Included by Constitutional Amendment No. 29, 2000) I – no caso da União: (Incluído pela Emenda
No 29 of 2000) a) no ano 2000, o montante empenhado em ações
e serviços públicos de saúde no exercício financeiro de 1999 acrescido de, no mínimo,
cinco por cento; (Included by the Constitutional Amendment No. 29 of 2000) b) do ano 2001 ao ano 2004, o valor apurado
no ano anterior, corrigido pela variação nominal do Produto Interno Bruto – PIB;
(Included by Constitutional Amendment No. 29, 2000) II – in the case of States and the Federal District,
doze por cento do produto da arrecadação dos impostos a que se refere o art. 155 e
dos recursos de que tratam os arts. 157 e 159, inciso I, alínea a, e inciso II, deduzidas
as parcelas que forem transferidas aos respectivos Counties; and (Included by the Constitutional Amendment
No. 29 of 2000) III – in the case of the Municipalities and the District
Federal, quinze por cento do produto da arrecadação dos impostos a que se refere o art. 156 e
dos recursos de que tratam os arts. 158 e 159, inciso I, alínea be § 3º. (Included
Constitutional Amendment No. 29 of 2000) Paragraph 1. The States, the Federal District and the
Municípios que apliquem percentuais inferiores aos fixados nos incisos II e III deverão
elevá-los gradualmente, até o exercício financeiro de 2004, reduzida a diferença
à razão de, pelo menos, um quinto por ano, sendo que, a partir de 2000, a aplicação
será de pelo menos sete por cento. (Included Constitutional Amendment No. 29 of 2000) § 2º Dos recursos da União apurados nos
termos deste artigo, quinze por cento, no mínimo, serão aplicados nos Municípios,
segundo o critério populacional, em ações e serviços básicos de saúde, na forma da
law. (Included by the Constitutional Amendment No. 29 of 2000) § 3º Os recursos dos Estados, do Distrito
Federal e dos Municípios destinados às ações e serviços públicos de saúde e os transferidos
pela União para a mesma finalidade serão aplicados por meio de Fundo de Saúde que
será acompanhado e fiscalizado por Conselho de Saúde, sem prejuízo do disposto no art.
74 da Constituição Federal. (Included by Constitutional Amendment No. 29 of 2000) § 4º Na ausência da lei complementar a
referred to in art. 198, § 3º, a partir do exercício financeiro de 2005, aplicar-se-á
à União, aos Estados, ao Distrito Federal e aos Municípios o disposto neste artigo.
(Included by Constitutional Amendment No. 29, 2000) Art. 78. Ressalvados os créditos definidos
em lei como de pequeno valor, os de natureza alimentícia, os de que trata o art. 33 deste
Ato das Disposições Constitucionais Transitórias e suas complementações e os que já tiverem
os seus respectivos recursos liberados ou depositados em juízo, os precatórios pendentes
na data de promulgação desta Emenda e os que decorram de ações iniciais ajuizadas
até 31 de dezembro de 1999 serão liquidados pelo seu valor real, em moeda corrente, acrescido
de juros legais, em prestações anuais, iguais e sucessivas, no prazo máximo de dez anos,
permitida a cessão dos créditos. (Included pela Emenda Constitucional nº 30, de 2000) § 1º É permitida a decomposição de parcelas,
a critério do credor. (Included by the Amendment Constitucional nº 30, de 2000) § 2º As prestações anuais a que se refere
o caput deste artigo terão, se não liquidadas até o final do exercício a que se referem,
poder liberatório do pagamento de tributos da entidade devedora. (Included by the Amendment
Constitucional nº 30, de 2000) (Vide Emenda Constitucional nº 62, de 2009) § 3º O prazo referido no caput deste artigo
fica reduzido para dois anos, nos casos de precatórios judiciais originários de desapropriação
de imóvel residencial do credor, desde que comprovadamente único à época da imissão
na posse. (Included by the Constitutional Amendment nº 30, de 2000) § 4º O Presidente do Tribunal competente
deverá, vencido o prazo ou em caso de omissão no orçamento, ou preterição ao direito
de precedência, a requerimento do credor, requisitar ou determinar o seqüestro de recursos
financeiros da entidade executada, suficientes à satisfação da prestação. (Included
pela Emenda Constitucional nº 30, de 2000) Art. 79. É instituído, para vigorar até
o ano de 2010, no âmbito do Poder Executivo Federal, o Fundo de Combate e Erradicação
da Pobreza, a ser regulado por lei complementar com o objetivo de viabilizar a todos os brasileiros
acesso a níveis dignos de subsistência, cujos recursos serão aplicados em ações
suplementares de nutrição, habitação, educação, saúde, reforço de renda familiar
e outros programas de relevante interesse social voltados para melhoria da qualidade
de vida. (Included by the Constitutional Amendment nº 31, de 2000) (Vide Emenda Constitucional
nº 42, de 19.12.2003) (Vide Emenda Constitucional nº 67, de 2010) Single paragraph. O Fundo previsto neste
artigo terá Conselho Consultivo e de Acompanhamento que conte com a participação de representantes
da sociedade civil, nos termos da lei. (Included pela Emenda Constitucional nº 31, de 2000) Art. 80. Compõem o Fundo de Combate e Erradicação
da Pobreza: (Incluído pela Emenda Constitucional nº 31, de 2000) (Vide Emenda Constitucional
nº 67, de 2010) I – a parcela do produto da arrecadação
correspondente a um adicional de oito centésimos por cento, aplicável de 18 de junho de 2000
a 17 de junho de 2002, na alíquota da contribuição social issue referred to in art. 75 do Ato das Disposições
Constitucionais Transitórias; (Included pela Emenda Constitucional nº 31, de 2000) II – a parcela do produto da arrecadação
correspondente a um adicional de cinco pontos percentuais na alíquota do Imposto sobre
Produtos Industrializados – IPI, ou do imposto que vier a substituí-lo, incidente sobre
produtos supérfluos e aplicável até a extinção do Fundo; (Included by the Constitutional Amendment
nº 31, de 2000) III – o produto da arrecadação do imposto
de que trata o art. 153, inciso VII, da Constituição; (Included by Constitutional Amendment No.
31, de 2000) IV – dotações orçamentárias; (Included
pela Emenda Constitucional nº 31, de 2000) V– doações, de qualquer natureza, de pessoas
físicas ou jurídicas do País ou do exterior; (Included by Constitutional Amendment No.
31, de 2000) VI – outras receitas, a serem definidas
na regulamentação do referido Fundo. (Included pela Emenda Constitucional nº 31, de 2000) § 1º Aos recursos integrantes do Fundo de
que trata este artigo não se aplica o disposto in arts. 159 e 167, inciso IV, da Constituição,
assim como qualquer desvinculação de recursos orçamentários. (Included by the Constitutional Amendment
nº 31, de 2000) § 2º A arrecadação decorrente do disposto
no inciso I deste artigo, no período compreendido entre 18 de junho de 2000 e o início da vigência
da lei complementar a que se refere a art. 79, será integralmente repassada ao Fundo,
preservado o seu valor real, em títulos públicos federais, progressivamente resgatáveis após
18 de junho de 2002, na forma da lei. (Included pela Emenda Constitucional nº 31, de 2000) Art. 81. É instituído Fundo constituído
pelos recursos recebidos pela União em decorrência da desestatização de sociedades de economia
mista ou empresas públicas por ela controladas, direta ou indiretamente, quando a operação
envolver a alienação do respectivo controle acionário a pessoa ou entidade não integrante
da Administração Pública, ou de participação societária remanescente após a alienação,
cujos rendimentos, gerados a partir de 18 de junho de 2002, reverterão ao Fundo de
Combate e Erradicação de Pobreza. (Included pela Emenda Constitucional nº 31, de 2000)
(Vide Emenda Constitucional nº 67, de 2010) § 1º Caso o montante anual previsto nos
rendimentos transferidos ao Fundo de Combate e Erradicação da Pobreza, na forma deste
artigo, não alcance o valor de quatro bilhões de reais. far-se-à complementação na forma
of art. 80, inciso IV, do Ato das disposições Constitucionais Transitórias. (Included
pela Emenda Constitucional nº 31, de 2000) § 2º Sem prejuízo do disposto no § 1º,
o Poder Executivo poderá destinar ao Fundo a que se refere este artigo outras receitas
decorrentes da alienação de bens da União. (Included by Constitutional Amendment No.
31, de 2000) § 3º A constituição do Fundo a que se
refere o caput, a transferência de recursos ao Fundo de Combate e Erradicação da Pobreza
e as demais disposições referentes ao § 1º deste artigo serão disciplinadas em lei,
não se aplicando o disposto no art. 165, § 9º, inciso II, da Constituição. (Included
pela Emenda Constitucional nº 31, de 2000) Art. 82. Os Estados, o Distrito Federal e
os Municípios devem instituir Fundos de Combate á Pobreza, com os recursos de que trata este
artigo e outros que vierem a destinar, devendo os referidos Fundos ser geridos por entidades
que contem com a participação da sociedade civil. (Included by the Constitutional Amendment
nº 31, de 2000) § 1º Para o financiamento dos Fundos Estaduais
e Distrital, poderá ser criado adicional de até dois pontos percentuais na alíquota
do Imposto sobre Circulação de Mercadorias e Serviços – ICMS, sobre os produtos e serviços
supérfluos e nas condições definidas na lei complementar de que trata o art. 155,
§ 2º, XII, da Constituição, não se aplicando, sobre este percentual, o disposto no art.
158, IV, da Constituição. (Wording given Constitutional Amendment No. 42 of December 19, 2003) § 2º Para o financiamento dos Fundos Municipais,
poderá ser criado adicional de até meio ponto percentual na alíquota do Imposto sobre
serviços ou do imposto que vier a substituí-lo, sobre serviços supérfluos. (Included by
Emenda Constitucional nº 31, de 2000) Art. 83. Lei federal definirá os produtos
e serviços supérfluos a que se referem os arts. 80, II, e 82, § 2º . (Wording given
Constitutional Amendment No. 42 of December 19, 2003) Art. 84. A contribuição provisória sobre
movimentação ou transmissão de valores e de créditos e direitos de natureza financeira,
prevista nos arts. 74, 75 e 80, I, deste Ato das Disposições Constitucionais Transitórias,
será cobrada até 31 de dezembro de 2004. (Included by Constitutional Amendment No.
37, de 2002) § 1º Fica prorrogada, até a data referida
no caput deste artigo, a vigência da Lei nº 9.311, de 24 de outubro de 1996, e suas
alterações. (Included by the Constitutional Amendment No. 37 of 2002) § 2º Do produto da arrecadação da contribuição
social de que trata este artigo será destinada a parcela correspondente à alíquota de:
(Included by Constitutional Amendment No. 37, de 2002) I – vinte centésimos por cento ao Fundo Nacional
de Saúde, para financiamento das ações e serviços de saúde; (Included by the Amendment
37 of 2002) II – dez centésimos por cento ao custeio
da previdência social; (Included by the Amendment 37 of 2002) III – oito centésimos por cento ao Fundo
de Combate e Erradicação da Pobreza, de that deal with arts. 80 e 81 deste Ato das
Disposições Constitucionais Transitórias. (Included by Constitutional Amendment No.
37, de 2002) § 3º A alíquota da contribuição de que
trata este artigo será de: (Incluído pela Emenda Constitucional nº 37, de 2002) I – trinta e oito centésimos por cento, nos
exercícios financeiros de 2002 e 2003; (Included pela Emenda Constitucional nº 37, de 2002) II – (Repealed by the Constitutional Amendment
42 of December 19, 2003) Art. 85. A contribuição a que se refere
art. 84 deste Ato das Disposições Constitucionais Transitórias não incidirá, a partir do
trigésimo dia da data de publicação desta Emenda Constitucional, nos lançamentos: (Incluído
pela Emenda Constitucional nº 37, de 2002) I – em contas correntes de depósito especialmente
abertas e exclusivamente utilizadas para operações from: (Included by the Constitutional Amendment
nº 37, de 2002) (Vide Lei nº 10.982, de 2004) a) câmaras e prestadoras de serviços de
compensação e de liquidação de que trata o parágrafo único do art. 2º da Lei nº
10.214, de 27 de março de 2001; (Included pela Emenda Constitucional nº 37, de 2002) b) companhias securitizadoras de que trata
a Lei nº 9.514, de 20 de novembro de 1997; (Included by Constitutional Amendment No.
37, de 2002) c) sociedades anônimas que tenham por objeto
exclusivo a aquisição de créditos oriundos de operações praticadas no mercado financeiro;
(Included by Constitutional Amendment No. 37, de 2002) II – em contas correntes de depósito, relativos
a: (Incluído pela Emenda Constitucional nº 37, de 2002) a) operações de compra e venda de ações,
realizadas em recintos ou sistemas de negociação de bolsas de valores e no mercado de balcão
organizado; (Included by the Constitutional Amendment No. 37 of 2002) b) contratos referenciados em ações ou índices
de ações, em suas diversas modalidades, negociados em bolsas de valores, de mercadorias
e de futuros; (Included by the Constitutional Amendment No. 37 of 2002) III – em contas de investidores estrangeiros,
relativos a entradas no País e a remessas para o exterior de recursos financeiros empregados,
exclusivamente, em operações e contratos referidos no inciso II deste artigo. (Included
pela Emenda Constitucional nº 37, de 2002) § 1º O Poder Executivo disciplinará o disposto
neste artigo no prazo de trinta dias da data de publicação desta Emenda Constitucional.
(Included by Constitutional Amendment No. 37, de 2002) § 2º O disposto no inciso I deste artigo
aplica-se somente às operações relacionadas em ato do Poder Executivo, dentre aquelas
que constituam o objeto social das referidas entidades. (Included by the Constitutional Amendment
No. 37 of 2002) § 3º O disposto no inciso II deste artigo
aplica-se somente a operações e contratos efetuados por intermédio de instituições
financeiras, sociedades corretoras de títulos e valores mobiliários, sociedades distribuidoras
de títulos e valores mobiliários e sociedades corretoras de mercadorias. (Included by
Emenda Constitucional nº 37, de 2002) Art. 86. Serão pagos conforme disposto no
art. 100 da Constituição Federal, não se lhes aplicando a regra de parcelamento estabelecida
no caput do art. 78 deste Ato das Disposições Constitucionais Transitórias, os débitos
da Fazenda Federal, Estadual, Distrital ou Municipal oriundos de sentenças transitadas
em julgado, que preencham, cumulativamente, as seguintes condições: (Incluído pela
Emenda Constitucional nº 37, de 2002) I – ter sido objeto de emissão de precatórios
judiciários; (Included by the Constitutional Amendment No. 37 of 2002) II – ter sido definidos como de pequeno valor
pela lei de que trata o § 3º do art. 100 da Constituição Federal ou pelo art. 87
deste Ato das Disposições Constitucionais Transitórias; (Included by the Constitutional Amendment
No. 37 of 2002) III – estar, total ou parcialmente, pendentes
de pagamento na data da publicação desta Emenda Constitucional . (Included by the Amendment
37 of 2002) § 1º Os débitos a que se refere o caput
deste artigo, ou os respectivos saldos, serão pagos na ordem cronológica de apresentação
dos respectivos precatórios, com precedência sobre os de maior valor. (Included by the Amendment
37 of 2002) § 2º Os débitos a que se refere o caput
deste artigo, se ainda não tiverem sido objeto de pagamento parcial, nos termos do art. 78
deste Ato das Disposições Constitucionais Transitórias, poderão ser pagos em duas
parcelas anuais, se assim dispuser a lei. (Included by Constitutional Amendment No.
37, de 2002) § 3º Observada a ordem cronológica de sua
apresentação, os débitos de natureza alimentícia previstos neste artigo terão precedência
para pagamento sobre todos os demais. (Included pela Emenda Constitucional nº 37, de 2002) Art. 87. Para efeito do que dispõem o § 3º
of art. 100 da Constituição Federal e o art. 78 deste Ato das Disposições Constitucionais
Transitórias serão considerados de pequeno valor, até que se dê a publicação oficial
das respectivas leis definidoras pelos entes da Federação, observado o disposto no § 4º
of art. 100 da Constituição Federal, os débitos ou obrigações consignados em precatório
judiciário, que tenham valor igual ou inferior a: (Incluído pela Emenda Constitucional nº
37, de 2002) I – quarenta salários-mínimos, perante a
Fazenda dos Estados e do Distrito Federal; (Included by Constitutional Amendment No.
37, de 2002) II – trinta salários-mínimos, perante a
Fazenda dos Municípios. (Included by the Amendment 37 of 2002) Single paragraph. Se o valor da execução
ultrapassar o estabelecido neste artigo, o pagamento far-se-á, sempre, por meio de precatório,
sendo facultada à parte exeqüente a renúncia ao crédito do valor excedente, para que possa
optar pelo pagamento do saldo sem o precatório, da forma prevista no § 3º do art. 100. (Incluído
pela Emenda Constitucional nº 37, de 2002) Art. 88. Enquanto lei complementar não disciplinar
o disposto nos incisos I e III do § 3º do art. 156 da Constituição Federal, o imposto
a que se refere o inciso III do caput do mesmo artigo: (Incluído pela Emenda Constitucional
No. 37 of 2002) I – terá alíquota mínima de dois por
cento, exceto para os serviços a que se referem os itens 32, 33 e 34 da Lista de Serviços
anexa ao Decreto-Lei nº 406, de 31 de dezembro de 1968; (Included by the Constitutional Amendment
No. 37 of 2002) II – não será objeto de concessão de
isenções, incentivos e benefícios fiscais, que resulte, direta ou indiretamente, na redução
da alíquota mínima estabelecida no inciso I. (Included by Constitutional Amendment No.
37, de 2002) Art. 89. Os integrantes da carreira policial
militar e os servidores municipais do ex-Território Federal de Rondônia que, comprovadamente,
se encontravam no exercício regular de suas funções prestando serviço àquele ex-Território
na data em que foi transformado em Estado, bem como os servidores e os policiais militares
alcançados pelo disposto no art. 36 da Lei Complementar nº 41, de 22 de dezembro de
1981, e aqueles admitidos regularmente nos quadros do Estado de Rondônia até a data
de posse do primeiro Governador eleito, em 15 de março de 1987, constituirão, mediante
opção, quadro em extinção da administração federal, assegurados os direitos e as vantagens
a eles inerentes, vedado o pagamento, a qualquer título, de diferenças remuneratórias. (Essay
dada pela Emenda Constitucional nº 60, de 2009) (Vide Lei nº 13.681, de 2018) § 1º Os membros da Polícia Militar continuarão
prestando serviços ao Estado de Rondônia, na condição de cedidos, submetidos às corporações
da Polícia Militar, observadas as atribuições de função compatíveis com o grau hierárquico.
(Included by Constitutional Amendment No. 60, de 2009) § 2º Os servidores a que se refere o caput
continuarão prestando serviços ao Estado de Rondônia na condição de cedidos, até
seu aproveitamento em órgão ou entidade da administração federal direta, autárquica
ou fundacional. (Included by the Constitutional Amendment nº 60, de 2009) Art. 90. O prazo previsto no caput do art.
84 deste Ato das Disposições Constitucionais Transitórias fica prorrogado até 31 de dezembro
de 2007. (Incluído pela Emenda Constitucional 42 of December 19, 2003) § 1º Fica prorrogada, até a data referida
no caput deste artigo, a vigência da Lei nº 9.311, de 24 de outubro de 1996, e suas
alterações. (Included by the Constitutional Amendment 42 of December 19, 2003) § 2º Até a data referida no caput deste
artigo, a alíquota da contribuição de que treats art. 84 deste Ato das Disposições
Constitucionais Transitórias será de trinta e oito centésimos por cento. (Included by
Constitutional Amendment No. 42 of 12/19/2003) Art. 91. A União entregará aos Estados e
ao Distrito Federal o montante definido em lei complementar, de acordo com critérios,
prazos e condições nela determinados, podendo considerar as exportações para o exterior
de produtos primários e semi-elaborados, a relação entre as exportações e as importações,
os créditos decorrentes de aquisições destinadas ao ativo permanente e a efetiva manutenção
e aproveitamento do crédito do imposto a referred to in art. 155, § 2º, X, a. (Included
Constitutional Amendment No. 42 of December 19, 2003) § 1º Do montante de recursos que cabe a
cada Es-tado, setenta e cinco por cento pertencem ao próprio Estado, e vinte e cinco por cento,
aos seus Municípios, distribuídos segundo os critérios a que se refere o art. 158,
parágrafo único, da Constituição. (Included Constitutional Amendment No. 42 of December 19, 2003) § 2º A entrega de recursos prevista neste
artigo perdurará, conforme definido em lei complementar, até que o imposto a que se
refere o art. 155, II, tenha o produto de sua arrecadação destinado predominantemente,
em proporção não inferior a oitenta por cento, ao Estado onde ocorrer o consumo das
mercadorias, bens ou serviços. (Included Constitutional Amendment No. 42 of December 19, 2003) § 3º Enquanto não for editada a lei complementar
de que trata o caput, em substituição ao sistema de entrega de recursos nele previsto,
permanecerá vigente o sistema de entrega de recursos previsto no art. 31 e Anexo da
Lei Complementar nº 87, de 13 de setembro de 1996, com a redação dada pela Lei Complementar
nº 115, de 26 de de-zembro de 2002. (Incluído Constitutional Amendment No. 42 of December 19, 2003) § 4º Os Estados e o Distrito Federal deverão
apresentar à União, nos termos das instruções baixadas pelo Ministério da Fazenda, as informações
relativas ao imposto de que trata o art. 155, II, declaradas pelos contribuintes que realizarem
operações ou prestações com destino ao exterior. (Included by the Constitutional Amendment
42 of December 19, 2003) Art. 92. São acrescidos dez anos ao prazo
fixado no art. 40 deste Ato das Disposições Constitucionais Transitórias. (Included
Constitutional Amendment No. 42 of December 19, 2003) Art. 92-A. São acrescidos 50 (cinquenta)
anos ao prazo fixado pelo art. 92 deste Ato das Disposições Constitucionais Transitórias.
(Included by Constitutional Amendment No. 83, de 2014) Art. 93. A vigência do disposto no art. 159,
III, e § 4º, iniciará somente após a edição da lei de que trata o referido inciso III.
(Included by Constitutional Amendment No. 42, 12.19.2003) Art. 94. Os regimes especiais de tributação
para microempresas e empresas de pequeno porte próprios da União, dos Estados, do Distrito
Federal e dos Municípios cessarão a partir da entrada em vigor do regime previsto no
art. 146, III, d, da Constituição. (Included Constitutional Amendment No. 42 of December 19, 2003) Art. 95. Os nascidos no estrangeiro entre
7 de junho de 1994 e a data da promulgação desta Emenda Constitucional, filhos de pai
brasileiro ou mãe brasileira, poderão ser registrados em repartição diplomática ou
consular brasileira competente ou em ofício de registro, se vierem a residir na República
Federativa do Brasil. (Included by the Amendment Constitucional nº 54, de 2007) Art. 96. Ficam convalidados os atos de criação,
fusão, incorporação e desmembramento de Municípios, cuja lei tenha sido publicada
até 31 de dezembro de 2006, atendidos os requisitos estabelecidos na legislação do
respectivo Estado à época de sua criação. (Included by Constitutional Amendment No.
57, de 2008). Art. 97. Até que seja editada a lei complementar
de que trata o § 15 do art. 100 da Constituição Federal, os Estados, o Distrito Federal e
os Municípios que, na data de publicação desta Emenda Constitucional, estejam em mora
na quitação de precatórios vencidos, relativos às suas administrações direta e indireta,
inclusive os emitidos durante o período de vigência do regime especial instituído por
este artigo, farão esses pagamentos de acordo com as normas a seguir estabelecidas, sendo
inaplicável o disposto no art. 100 desta Constituição Federal, exceto em seus §§ 2º,
3º, 9º, 10, 11, 12, 13 e 14, e sem prejuízo dos acordos de juízos conciliatórios já
formalizados na data de promulgação desta Emenda Constitucional. (Included by the Amendment
Constitucional nº 62, de 2009) (Vide Emenda Constitucional nº 62, de 2009) Paragraph 1. The States, the Federal District and the
Municípios sujeitos ao regime especial de que trata este artigo optarão, por meio de
ato do Poder Executivo: (Incluído pela Emenda Constitucional nº 62, de 2009) I – pelo depósito em conta especial do valor
referido pelo § 2º deste artigo; or (Included pela Emenda Constitucional nº 62, de 2009) II – pela adoção do regime especial pelo
prazo de até 15 (quinze) anos, caso em que o percentual a ser depositado na conta especial
a que se refere o § 2º deste artigo corresponderá, anualmente, ao saldo total dos precatórios
devidos, acrescido do índice oficial de remuneração básica da caderneta de poupança e de juros
simples no mesmo percentual de juros incidentes sobre a caderneta de poupança para fins de
compensação da mora, excluída a incidência de juros compensatórios, diminuído das amortizações
e dividido pelo número de anos restantes no regime especial de pagamento. (Included
pela Emenda Constitucional nº 62, de 2009) § 2º Para saldar os precatórios, vencidos
e a vencer, pelo regime especial, os Estados, o Distrito Federal e os Municípios devedores
depositarão mensalmente, em conta especial criada para tal fim, 1/12 (um doze avos) do
valor calculado percentualmente sobre as respectivas receitas correntes líquidas, apuradas no
segundo mês anterior ao mês de pagamento, sendo que esse percentual, calculado no momento
de opção pelo regime e mantido fixo até o final do prazo a que se refere o § 14 deste
artigo, será: (Incluído pela Emenda Constitucional No. 62 of 2009) I – para os Estados e para o Distrito Federal:
(Included by Constitutional Amendment No. 62 of 2009) a) de, no mínimo, 1,5% (um inteiro e cinco
décimos por cento), para os Estados das regiões Norte, Nordeste e Centro-Oeste, além do Distrito
Federal, ou cujo estoque de precatórios pendentes das suas administrações direta e indireta
corresponder a até 35% (trinta e cinco por cento) do total da receita corrente líquida;
(Included by Constitutional Amendment No. 62 of 2009) b) de, no mínimo, 2% (dois por cento), para
os Estados das regiões Sul e Sudeste, cujo estoque de precatórios pendentes das suas
administrações direta e indireta corresponder a mais de 35% (trinta e cinco por cento) da
receita corrente líquida; (Included by Emenda Constitucional nº 62, de 2009) II – para Municípios: (Incluído pela Emenda
Constitucional nº 62, de 2009) a) de, no mínimo, 1% (um por cento), para
Municípios das regiões Norte, Nordeste e Centro-Oeste, ou cujo estoque de precatórios
pendentes das suas administrações direta e indireta corresponder a até 35% (trinta
e cinco por cento) da receita corrente líquida; (Included by Constitutional Amendment No.
62 of 2009) b) de, no mínimo, 1,5% (um inteiro e cinco
décimos por cento), para Municípios das regiões Sul e Sudeste, cujo estoque de precatórios
pendentes das suas administrações direta e indireta corresponder a mais de 35 % (trinta
e cinco por cento) da receita corrente líquida. (Included by Constitutional Amendment No.
62 of 2009) § 3º Entende-se como receita corrente líquida,
para os fins de que trata este artigo, o somatório tax, equity, industrial,
agropecuárias, de contribuições e de serviços, transferências correntes e outras receitas
including those from § 1 of art. 20 of the Federal Constitution, verified
no período compreendido pelo mês de referência e os 11 (onze) meses anteriores, excluídas
duplicates, and deducted: (Included by Emenda Constitucional nº 62, de 2009) I – nos Estados, as parcelas entregues aos
Municipalities by constitutional determination; (Included by Constitutional Amendment No.
62 of 2009) II – nos Estados, no Distrito Federal e nos
Municípios, a contribuição dos servidores para custeio do seu sistema de previdência
e assistência social e as receitas provenientes da compensação financeira referida no § 9º
of art. 201 da Constituição Federal. (Included pela Emenda Constitucional nº 62, de 2009) § 4º As contas especiais de que tratam os
§§ 1º e 2º serão administradas pelo Tribunal de Justiça local, para pagamento de precatórios
expedidos pelos tribunais. (Included by Emenda Constitucional nº 62, de 2009) § 5º Os recursos depositados nas contas
especiais de que tratam os §§ 1º e 2º deste artigo não poderão retornar para Estados,
Distrito Federal e Municípios devedores. (Included by Constitutional Amendment No.
62 of 2009) § 6º Pelo menos 50% (cinquenta por cento)
dos recursos de que tratam os §§ 1º e 2º deste artigo serão utilizados para pagamento
de precatórios em ordem cronológica de apresentação, respeitadas as preferências definidas no
§ 1º, para os requisitórios do mesmo ano e no § 2º do art. 100, para requisitórios
de todos os anos. (Included by the Constitutional Amendment No. 62 of 2009) § 7º Nos casos em que não se possa estabelecer
a precedência cronológica entre 2 (dois) precatórios, pagar-se-á primeiramente o
precatório de menor valor. (Included by Emenda Constitucional nº 62, de 2009) § 8º A aplicação dos recursos restantes
dependerá de opção a ser exercida por Estados, Distrito Federal e Municípios devedores,
por ato do Poder Executivo, obedecendo à seguinte forma, que poderá ser aplicada isoladamente
ou simultaneamente: (Incluído pela Emenda Constitucional nº 62, de 2009) I – destinados ao pagamento dos precatórios
por meio do leilão; (Included by the Amendment Constitucional nº 62, de 2009) II – destinados a pagamento a vista de precatórios
não quitados na forma do § 6° e do inciso I, em ordem única e crescente de valor por
precatório; (Included by the Constitutional Amendment No. 62 of 2009) III – destinados a pagamento por acordo direto
com os credores, na forma estabelecida por lei própria da entidade devedora, que poderá
prever criação e forma de funcionamento de câmara de conciliação. (Included by
Emenda Constitucional nº 62, de 2009) § 9º Os leilões de que trata o inciso I
do § 8º deste artigo: (Incluído pela Emenda Constitucional nº 62, de 2009) I – serão realizados por meio de sistema
eletrônico administrado por entidade autorizada pela Comissão de Valores Mobiliários ou
pelo Banco Central do Brasil; (Included by Emenda Constitucional nº 62, de 2009) II – admitirão a habilitação de precatórios,
ou parcela de cada precatório indicada pelo seu detentor, em relação aos quais não
esteja pendente, no âmbito do Poder Judiciário, recurso ou impugnação de qualquer natureza,
permitida por iniciativa do Poder Executivo a compensação com débitos líquidos e certos,
inscritos ou não em dívida ativa e constituídos contra devedor originário pela Fazenda Pública
devedora até a data da expedição do precatório, ressalvados aqueles cuja exigibilidade esteja
suspensa nos termos da legislação, ou que já tenham sido objeto de abatimento nos termos
do § 9º do art. 100 da Constituição Federal; (Included by Constitutional Amendment No.
62 of 2009) III – ocorrerão por meio de oferta pública
a todos os credores habilitados pelo respectivo ente federativo devedor; (Included by the Amendment
Constitucional nº 62, de 2009) IV – considerarão automaticamente habilitado
o credor que satisfaça o que consta no inciso II; (Included by the Constitutional Amendment
No. 62 of 2009) V – serão realizados tantas vezes quanto
necessário em função do valor disponível; (Included by Constitutional Amendment No.
62 of 2009) VI – a competição por parcela do valor total
ocorrerá a critério do credor, com deságio sobre o valor desta; (Included by the Amendment
Constitucional nº 62, de 2009) VII – ocorrerão na modalidade deságio, associado
ao maior volume ofertado cumulado ou não com o maior percentual de deságio, pelo maior
percentual de deságio, podendo ser fixado valor máximo por credor, ou por outro critério
a ser definido em edital; (Included by Emenda Constitucional nº 62, de 2009) VIII – o mecanismo de formação de preço
constará nos editais publicados para cada leilão; (Included by the Constitutional Amendment
No. 62 of 2009) IX – a quitação parcial dos precatórios
será homologada pelo respectivo Tribunal que o expediu. (Included by the Constitutional Amendment
No. 62 of 2009) § 10. No caso de não liberação tempestiva
dos recursos de que tratam o inciso II do § 1º e os §§ 2º e 6º deste artigo: (Incluído
pela Emenda Constitucional nº 62, de 2009) I – haverá o sequestro de quantia nas contas
de Estados, Distrito Federal e Municípios devedores, por ordem do Presidente do Tribunal
referido no § 4º, até o limite do valor não liberado; (Included by the Constitutional Amendment
No. 62 of 2009) II – constituir-se-á, alternativamente, por
ordem do Presidente do Tribunal requerido, em favor dos credores de precatórios, contra
Estados, Distrito Federal e Municípios devedores, direito líquido e certo, autoaplicável e
independentemente de regulamentação, à compensação automática com débitos líquidos
lançados por esta contra aqueles, e, havendo saldo em favor do credor, o valor terá automaticamente
poder liberatório do pagamento de tributos de Estados, Distrito Federal e Municípios
devedores, até onde se compensarem; (Included pela Emenda Constitucional nº 62, de 2009) III – o chefe do Poder Executivo responderá
na forma da legislação de responsabilidade fiscal e de improbidade administrativa; (Included
pela Emenda Constitucional nº 62, de 2009) IV – enquanto perdurar a omissão, a entidade
devedora: (Incluído pela Emenda Constitucional No. 62 of 2009) a) não poderá contrair empréstimo externo
ou interno; (Included by the Constitutional Amendment No. 62 of 2009) b) ficará impedida de receber transferências
voluntárias; (Included by the Constitutional Amendment No. 62 of 2009) V – a União reterá os repasses relativos
ao Fundo de Participação dos Estados e do Distrito Federal e ao Fundo de Participação
dos Municípios, e os depositará nas contas especiais referidas no § 1º, devendo sua
utilização obedecer ao que prescreve o § 5º, ambos deste artigo. (Included by the Amendment
Constitucional nº 62, de 2009) § 11. No caso de precatórios relativos a
diversos credores, em litisconsórcio, admite-se o desmembramento do valor, realizado pelo
Tribunal de origem do precatório, por credor, e, por este, a habilitação do valor total
a que tem direito, não se aplicando, neste caso, a regra do § 3º do art. 100 da Constituição
Federal. (Included by the Constitutional Amendment No. 62 of 2009) § 12. Se a lei a que se refere o § 4º do
art. 100 não estiver publicada em até 180 (cento e oitenta) dias, contados da data de
publicação desta Emenda Constitucional, será considerado, para os fins referidos,
em relação a Estados, Distrito Federal e Municípios devedores, omissos na regulamentação,
o valor de: (Incluído pela Emenda Constitucional No. 62 of 2009) I – 40 (quarenta) salários mínimos para
Estados e para o Distrito Federal; (Included pela Emenda Constitucional nº 62, de 2009) II – 30 (trinta) salários mínimos para Municípios.
(Included by Constitutional Amendment No. 62 of 2009) § 13. Enquanto Estados, Distrito Federal
e Municípios devedores estiverem realizando pagamentos de precatórios pelo regime especial,
não poderão sofrer sequestro de valores, exceto no caso de não liberação tempestiva
dos recursos de que tratam o inciso II do § 1º e o § 2º deste artigo. (Included
pela Emenda Constitucional nº 62, de 2009) § 14. O regime especial de pagamento de precatório
previsto no inciso I do § 1º vigorará enquanto o valor dos precatórios devidos for superior
ao valor dos recursos vinculados, nos termos do § 2º, ambos deste artigo, ou pelo prazo
fixo de até 15 (quinze) anos, no caso da opção prevista no inciso II do § 1º. (Included
pela Emenda Constitucional nº 62, de 2009) § 15. Os precatórios parcelados na forma
of art. 33 ou do art. 78 deste Ato das Disposições Constitucionais Transitórias e ainda pendentes
de pagamento ingressarão no regime especial com o valor atualizado das parcelas não pagas
relativas a cada precatório, bem como o saldo dos acordos judiciais e extrajudiciais. (Included
pela Emenda Constitucional nº 62, de 2009) § 16. A partir da promulgação desta Emenda
Constitutional, the updating of values de requisitórios, até o efetivo pagamento,
independentemente de sua natureza, será feita pelo índice oficial de remuneração básica
da caderneta de poupança, e, para fins de compensação da mora, incidirão juros simples
no mesmo percentual de juros incidentes sobre a caderneta de poupança, ficando excluída
a incidência de juros compensatórios. (Included pela Emenda Constitucional nº 62, de 2009) § 17. O valor que exceder o limite previsto
no § 2º do art. 100 da Constituição Federal será pago, durante a vigência do regime
especial, na forma prevista nos §§ 6º e 7º ou nos incisos I, II e III do § 8° deste
artigo, devendo os valores dispendidos para o atendimento do disposto no § 2º do art.
100 da Constituição Federal serem computados para efeito do § 6º deste artigo. (Included
pela Emenda Constitucional nº 62, de 2009) § 18. Durante a vigência do regime especial
a que se refere este artigo, gozarão também da preferência a que se refere o § 6º os
titulares originais de precatórios que tenham completado 60 (sessenta) anos de idade até
a data da promulgação desta Emenda Constitucional. (Included by Constitutional Amendment No.
62 of 2009) Art. 98. O número de defensores públicos
na unidade jurisdicional será proporcional à efetiva demanda pelo serviço da Defensoria
Pública e à respectiva população. (Included pela Emenda Constitucional nº 80, de 2014) § 1º No prazo de 8 (oito) anos, a União,
os Estados e o Distrito Federal deverão contar com defensores públicos em todas as unidades
jurisdicionais, observado o disposto no caput deste artigo. (Included by the Constitutional Amendment
No. 80 of 2014) § 2º Durante o decurso do prazo previsto
no § 1º deste artigo, a lotação dos defensores públicos ocorrerá, prioritariamente, atendendo
as regiões com maiores índices de exclusão social e adensamento populacional. (Included
pela Emenda Constitucional nº 80, de 2014) Art. 99. Para efeito do disposto no inciso
VII do § 2º do art. 155, no caso de operações e prestações que destinem bens e serviços
a consumidor final não contribuinte localizado em outro Estado, o imposto correspondente
à diferença entre a alíquota interna e a interestadual será partilhado entre os
Estados de origem e de destino, na seguinte proporção: (Incluído pela Emenda Constitucional
No. 87 of 2015) I – para o ano de 2015: 20% (vinte por cento)
para o Estado de destino e 80% (oitenta por cento) para o Estado de origem; II – para o ano de 2016: 40% (quarenta por
cento) para o Estado de destino e 60% (sessenta por cento) para o Estado de origem; III – para o ano de 2017: 60% (sessenta por
cento) para o Estado de destino e 40% (quarenta por cento) para o Estado de origem; IV – para o ano de 2018: 80% (oitenta por
cento) para o Estado de destino e 20% (vinte por cento) para o Estado de origem; V – a partir do ano de 2019: 100% (cem por
cento) para o Estado de destino. Art. 100. Até que entre em vigor a lei complementar
de que trata o inciso II do § 1º do art. 40 da Constituição Federal, os Ministros
do Supremo Tribunal Federal, dos Tribunais Superiores e do Tribunal de Contas da União
aposentar-se-ão, compulsoriamente, aos 75 (setenta e cinco) anos de idade, nas condições
of art. 52 da Constituição Federal. (Included pela Emenda Constitucional nº 88, de 2015) Art. 101. Os Estados, o Distrito Federal e
os Municípios que, em 25 de março de 2015, se encontravam em mora no pagamento de seus
precatórios quitarão, até 31 de dezembro de 2024, seus débitos vencidos e os que vencerão
dentro desse período, atualizados pelo Índice Nacional de Preços ao Consumidor Amplo Especial
(IPCA-E), ou por outro índice que venha a substituí-lo, depositando mensalmente em
conta especial do Tribunal de Justiça local, sob única e exclusiva administração deste,
1/12 (um doze avos) do valor calculado percentualmente sobre suas receitas correntes líquidas apuradas
no segundo mês anterior ao mês de pagamento, em percentual suficiente para a quitação
de seus débitos e, ainda que variável, nunca inferior, em cada exercício, ao percentual
praticado na data da entrada em vigor do regime especial a que se refere este artigo, em conformidade
com plano de pagamento a ser anualmente apresentado ao Tribunal de Justiça local. (Essay
dada pela Emenda constitucional nº 99, de 2017) § 1º Entende-se como receita corrente líquida,
para os fins de que trata este artigo, o somatório tax, equity, industrial,
agropecuárias, de contribuições e de serviços, current transfers and other revenues
including those from § 1 of art. 20 of the Federal Constitution, verified
within the second month immediately prior to the reference and
the previous eleven (11) months, excluding duplicates, and deducted: (Included by
Constitutional Amendment No. 94 of 2016) I – nos Estados, as parcelas entregues aos
Municipalities by constitutional determination; (Included by Constitutional Amendment No.
94 of 2016) II – nos Estados, no Distrito Federal e nos
Municípios, a contribuição dos servidores para custeio de seu sistema de previdência
e assistência social e as receitas provenientes da compensação financeira referida no § 9º
of art. 201 da Constituição Federal. (Included Constitutional Amendment No. 94 of 2016) § 2º O débito de precatórios será pago
com recursos orçamentários próprios provenientes das fontes de receita corrente líquida referidas
no § 1º deste artigo e, adicionalmente, poderão ser utilizados recursos dos seguintes
instrumentos: (Redação dada pela Emenda constitucional nº 99, de 2017) I – até 75% (setenta e cinco por cento) dos
depósitos judiciais e dos depósitos administrativos em dinheiro referentes a processos judiciais
ou administrativos, tributários ou não tributários, nos quais sejam parte os Estados, o Distrito
Federal ou os Municípios, e as respectivas autarquias, fundações e empresas estatais
dependentes, mediante a instituição de fundo garantidor em montante equivalente a 1/3 (um
terço) dos recursos levantados, constituído pela parcela restante dos depósitos judiciais
e remunerado pela taxa referencial do Sistema Especial de Liquidação e de Custódia (Selic)
para títulos federais, nunca inferior aos índices e critérios aplicados aos depósitos
levantados; (Redação dada pela Emenda constitucional nº 99, de 2017) II – até 30% (trinta por cento) dos demais
depósitos judiciais da localidade sob jurisdição do respectivo Tribunal de Justiça, mediante
a instituição de fundo garantidor em montante equivalente aos recursos levantados, constituído
pela parcela restante dos depósitos judiciais e remunerado pela taxa referencial do Sistema
Especial de Liquidação e de Custódia (Selic) para títulos federais, nunca inferior aos
índices e critérios aplicados aos depósitos levantados, destinando-se: (Redação dada
pela Emenda constitucional nº 99, de 2017) a) no caso do Distrito Federal, 100% (cem
por cento) desses recursos ao próprio Distrito Federal; (Included by the Constitutional Amendment
No. 94 of 2016) b) no caso dos Estados, 50% (cinquenta por
cento) desses recursos ao próprio Estado e 50% (cinquenta por cento) aos respectivos
Municípios, conforme a circunscrição judiciária onde estão depositados os recursos, e, se
houver mais de um Município na mesma circunscrição judiciária, os recursos serão rateados entre
os Municípios concorrentes, proporcionalmente às respectivas populações, utilizado como
referência o último levantamento censitário ou a mais recente estimativa populacional
da Fundação Instituto Brasileiro de Geografia e Estatística (IBGE); (Wording given by
Emenda constitucional nº 99, de 2017) III – empréstimos, excetuados para esse fim
os limites de endividamento de que tratam os incisos VI e VII do caput do art. 52 da
Constituição Federal e quaisquer outros limites de endividamento previstos em lei,
não se aplicando a esses empréstimos a vedação de vinculação de receita prevista no inciso
IV do caput do art. 167 of the Constitution Federal; (Redação dada pela Emenda constitucional
nº 99, de 2017) IV – a totalidade dos depósitos em precatórios
e requisições diretas de pagamento de obrigações de pequeno valor efetuados até 31 de dezembro
de 2009 e ainda não levantados, com o cancelamento dos respectivos requisitórios e a baixa das
obrigações, assegurada a revalidação dos requisitórios pelos juízos dos processos
perante os Tribunais, a requerimento dos credores e após a oitiva da entidade devedora, mantidas
a posição de ordem cronológica original e a remuneração de todo o período. (Included
pela Emenda constitucional nº 99, de 2017) § 3º Os recursos adicionais previstos nos
incisos I, II e IV do § 2º deste artigo serão transferidos diretamente pela instituição
financeira depositária para a conta especial referida no caput deste artigo, sob única
e exclusiva administração do Tribunal de Justiça local, e essa transferência deverá
ser realizada em até sessenta dias contados a partir da entrada em vigor deste parágrafo,
sob pena de responsabilização pessoal do dirigente da instituição financeira por
improbidade. (Incluído pela Emenda constitucional nº 99, de 2017) § 4º No prazo de até seis meses contados
da entrada em vigor do regime especial a que se refere este artigo, a União, diretamente,
ou por intermédio das instituições financeiras oficiais sob seu controle, disponibilizará
States, the Federal District and the Municipalities, bem como às respectivas autarquias, fundações
e empresas estatais dependentes, linha de crédito especial para pagamento dos precatórios
submetidos ao regime especial de pagamento de que trata este artigo, observadas as seguintes
condições: (Incluído pela Emenda constitucional nº 99, de 2017) I – no financiamento dos saldos remanescentes
de precatórios a pagar a que se refere este parágrafo serão adotados os índices e critérios
de atualização que incidem sobre o pagamento de precatórios, nos termos do § 12 do art.
100 da Constituição Federal; (Included pela Emenda constitucional nº 99, de 2017) II – o financiamento dos saldos remanescentes
de precatórios a pagar a que se refere este parágrafo será feito em parcelas mensais
suficientes à satisfação da dívida assim constituída; (Incluído pela Emenda constitucional
nº 99, de 2017) III – o valor de cada parcela a que se refere
o inciso II deste parágrafo será calculado percentualmente sobre a receita corrente líquida,
respectivamente, do Estado, do Distrito Federal e do Município, no segundo mês anterior
ao pagamento, em percentual equivalente à média do comprometimento percentual mensal
de 2012 até o final do período referido no caput deste artigo, considerados para esse
fim somente os recursos próprios de cada ente da Federação aplicados no pagamento
de precatórios; (Incluído pela Emenda constitucional nº 99, de 2017) IV – nos empréstimos a que se refere este
parágrafo não se aplicam os limites de endividamento de que tratam os incisos VI e VII do caput
of art. 52 da Constituição Federal e quaisquer outros limites de endividamento previstos
in law. (Incluído pela Emenda constitucional nº 99, de 2017) Art. 102. Enquanto viger o regime especial
previsto nesta Emenda Constitucional, pelo menos 50% (cinquenta por cento) dos recursos
que, nos termos do art. 101 deste Ato das Disposições Constitucionais Transitórias,
forem destinados ao pagamento dos precatórios em mora serão utilizados no pagamento segundo
a ordem cronológica de apresentação, respeitadas as preferências dos créditos alimentares,
e, nessas, as relativas à idade, ao estado de saúde e à deficiência, nos termos do
§ 2º do art. 100 da Constituição Federal, sobre todos os demais créditos de todos os
years. (Included by the Constitutional Amendment No. 94 of 2016) § 1º A aplicação dos recursos remanescentes,
por opção a ser exercida por Estados, Distrito Federal e Municípios, por ato do respectivo
Poder Executivo, observada a ordem de preferência dos credores, poderá ser destinada ao pagamento
mediante acordos diretos, perante Juízos Auxiliares de Conciliação de Precatórios,
com redução máxima de 40% (quarenta por cento) do valor do crédito atualizado, desde
que em relação ao crédito não penda recurso ou defesa judicial e que sejam observados
os requisitos definidos na regulamentação editada pelo ente federado. (Numerado do parágrafo
único pela Emenda constitucional nº 99, de 2017) § 2º Na vigência do regime especial previsto
in art. 101 deste Ato das Disposições Constitucionais Transitórias, as preferências relativas
à idade, ao estado de saúde e à deficiência serão atendidas até o valor equivalente
ao quíntuplo fixado em lei para os fins do disposto no § 3º do art. 100 da Constituição
Federal, admitido o fracionamento para essa finalidade, e o restante será pago em ordem
cronológica de apresentação do precatório. (Incluído pela Emenda constitucional nº
99, de 2017) Art. 103. Enquanto os Estados, o Distrito
Federal e os Municípios estiverem efetuando o pagamento da parcela mensal devida como
previsto no caput do art. 101 deste Ato das Disposições Constitucionais Transitórias,
nem eles, nem as respectivas autarquias, fundações e empresas estatais dependentes poderão sofrer
sequestro de valores, exceto no caso de não liberação tempestiva dos recursos. (Included
Constitutional Amendment No. 94 of 2016) Single paragraph. Na vigência do regime
especial previsto no art. 101 deste Ato das Disposições Constitucionais Transitórias,
ficam vedadas desapropriações pelos Estados, pelo Distrito Federal e pelos Municípios,
cujos estoques de precatórios ainda pendentes de pagamento, incluídos os precatórios a
pagar de suas entidades da administração indireta, sejam superiores a 70% (setenta
por cento) das respectivas receitas correntes líquidas, excetuadas as desapropriações
para fins de necessidade pública nas áreas de saúde, educação, segurança pública,
transporte público, saneamento básico e habitação de interesse social. (Included
pela Emenda constitucional nº 99, de 2017) Art. 104. Se os recursos referidos no art.
101 deste Ato das Disposições Constitucionais Transitórias para o pagamento de precatórios
não forem tempestivamente liberados, no todo ou em parte: (Incluído pela Emenda Constitucional
No. 94 of 2016) I – o Presidente do Tribunal de Justiça local
determinará o sequestro, até o limite do valor não liberado, das contas do ente federado
inadimplente; (Included by the Constitutional Amendment No. 94 of 2016) II – o chefe do Poder Executivo do ente federado
inadimplente responderá, na forma da legislação de responsabilidade fiscal e de improbidade
administrativa; (Included by the Constitutional Amendment No. 94 of 2016) III – a União reterá os recursos referentes
aos repasses ao Fundo de Participação dos Estados e do Distrito Federal e ao Fundo de
Participação dos Municípios e os depositará na conta especial referida no art. 101 deste
Ato das Disposições Constitucionais Transitórias, para utilização como nele previsto; (Included
Constitutional Amendment No. 94 of 2016) IV – os Estados reterão os repasses previstos
no parágrafo único do art. 158 da Constituição Federal e os depositarão na conta especial
referida no art. 101 deste Ato das Disposições Constitucionais Transitórias, para utilização
como nele previsto. (Included by the Amendment Constitucional nº 94, de 2016) Single paragraph. Enquanto perdurar a omissão,
o ente federado não poderá contrair empréstimo externo ou interno, exceto para os fins previstos
no § 2º do art. 101 deste Ato das Disposições Constitucionais Transitórias, e ficará impedido
de receber transferências voluntárias. (Included Constitutional Amendment No. 94 of 2016) Art. 105. Enquanto viger o regime de pagamento
de precatórios previsto no art. 101 deste Ato das Disposições Constitucionais Transitórias,
é facultada aos credores de precatórios, próprios ou de terceiros, a compensação
com débitos de natureza tributária ou de outra natureza que até 25 de março de 2015
tenham sido inscritos na dívida ativa dos Estados, do Distrito Federal ou dos Municípios,
observados os requisitos definidos em lei própria do ente federado. (Included by
Constitutional Amendment No. 94 of 2016) § 1º Não se aplica às compensações referidas
no caput deste artigo qualquer tipo de vinculação, como as transferências a outros entes e as
destinadas à educação, à saúde e a outras finalidades. (Numerado do parágrafo único
pela Emenda constitucional nº 99, de 2017) Paragraph 2. The States, the Federal District and the
Municípios regulamentarão nas respectivas leis o disposto no caput deste artigo em até
cento e vinte dias a partir de 1º de janeiro de 2018. (Incluído pela Emenda constitucional
nº 99, de 2017) § 3º Decorrido o prazo estabelecido no § 2º
deste artigo sem a regulamentação nele prevista, ficam os credores de precatórios autorizados
a exercer a faculdade a que se refere o caput deste artigo. (Incluído pela Emenda constitucional
nº 99, de 2017) Art. 106. Fica instituído o Novo Regime Fiscal
no âmbito dos Orçamentos Fiscal e da Seguridade Social da União, que vigorará por vinte
exercícios financeiros, nos termos dos arts. 107 a 114 deste Ato das Disposições Constitucionais
Transitórias. (Included by the Constitutional Amendment nº 95, de 2016) Art. 107. Ficam estabelecidos, para cada exercício,
limites individualizados para as despesas primárias: (Incluído pela Emenda Constitucional
nº 95, de 2016) I – do Poder Executivo; (Included by the Amendment
Constitucional nº 95, de 2016) II – do Supremo Tribunal Federal, do Superior
Tribunal de Justiça, do Conselho Nacional de Justiça, da Justiça do Trabalho, da Justiça
Federal, da Justiça Militar da União, da Justiça Eleitoral e da Justiça do Distrito
Federal e Territórios, no âmbito do Poder Judiciário; (Included by the Constitutional Amendment
nº 95, de 2016) III – do Senado Federal, da Câmara dos Deputados
e do Tribunal de Contas da União, no âmbito do Poder Legislativo; (Included by the Amendment
Constitucional nº 95, de 2016) IV – do Ministério Público da União e do
Conselho Nacional do Ministério Público; e (Incluído pela Emenda Constitucional nº
95, de 2016) V – da Defensoria Pública da União. (Incluído
pela Emenda Constitucional nº 95, de 2016) § 1º Cada um dos limites a que se refere
o caput deste artigo equivalerá: (Incluído pela Emenda Constitucional nº 95, de 2016) I – para o exercício de 2017, à despesa
primária paga no exercício de 2016, incluídos os restos a pagar pagos e demais operações
que afetam o resultado primário, corrigida em 7,2% (sete inteiros e dois décimos por
percent); and II – para os exercícios posteriores, ao valor
do limite referente ao exercício imediatamente anterior, corrigido pela variação do Índice
Nacional de Preços ao Consumidor Amplo – IPCA, publicado pelo Instituto Brasileiro de Geografia
e Estatística, ou de outro índice que vier a substituí-lo, para o período de doze meses
encerrado em junho do exercício anterior a que se refere a lei orçamentária. (Included
pela Emenda Constitucional nº 95, de 2016) § 2º Os limites estabelecidos na forma do
inciso IV do caput do art. 51, do inciso XIII caput of art. 52, do § 1º do art. 99,
do § 3º do art. 127 e do § 3º do art. 134 da Constituição Federal não poderão
ser superiores aos estabelecidos nos termos deste artigo. (Included by the Constitutional Amendment
nº 95, de 2016) § 3º A mensagem que encaminhar o projeto
de lei orçamentária demonstrará os valores máximos de programação compatíveis com
os limites individualizados calculados na forma do § 1º deste artigo, observados os
§§ 7º a 9º deste artigo. (Included by Emenda Constitucional nº 95, de 2016) § 4º As despesas primárias autorizadas
na lei orçamentária anual sujeitas aos limites de que trata este artigo não poderão exceder
os valores máximos demonstrados nos termos do § 3º deste artigo. (Included by the Amendment
Constitucional nº 95, de 2016) § 5º É vedada a abertura de crédito suplementar
ou especial que amplie o montante total autorizado de despesa primária sujeita aos limites de
que trata este artigo. (Included by the Amendment Constitucional nº 95, de 2016) § 6º Não se incluem na base de cálculo
e nos limites estabelecidos neste artigo: (Included by Constitutional Amendment No.
95, de 2016) I – transferências constitucionais estabelecidas
no § 1º do art. 20, no inciso III do parágrafo único do art. 146, no § 5º do art. 153,
in art. 157, nos incisos I e II do art. 158, in art. 159 e no § 6º do art. 212, as despesas
referentes ao inciso XIV do caput do art. 21, todos da Constituição Federal, e as
complementações de que tratam os incisos V e VII do caput do art. 60, deste Ato das
Disposições Constitucionais Transitórias; (Included by Constitutional Amendment No.
95, de 2016) II – créditos extraordinários a que se refere
o § 3º do art. 167 da Constituição Federal; (Included by Constitutional Amendment No.
95, de 2016) III – despesas não recorrentes da Justiça
Eleitoral com a realização de eleições; e (Incluído pela Emenda Constitucional nº
95, de 2016) IV – despesas com aumento de capital de empresas
estatais não dependentes. (Included by Emenda Constitucional nº 95, de 2016) § 7º Nos três primeiros exercícios financeiros
da vigência do Novo Regime Fiscal, o Poder Executivo poderá compensar com redução
equivalente na sua despesa primária, consoante os valores estabelecidos no projeto de lei
orçamentária encaminhado pelo Poder Executivo no respectivo exercício, o excesso de despesas
primárias em relação aos limites de que tratam os incisos II a V do caput deste artigo.
(Included by Constitutional Amendment No. 95, de 2016) § 8º A compensação de que trata o § 7º
deste artigo não excederá a 0,25% (vinte e cinco centésimos por cento) do limite do
Poder Executivo. (Included by the Constitutional Amendment nº 95, de 2016) § 9º Respeitado o somatório em cada um
dos incisos de II a IV do caput deste artigo, a lei de diretrizes orçamentárias poderá
dispor sobre a compensação entre os limites individualizados dos órgãos elencados em
cada inciso. (Included by the Constitutional Amendment nº 95, de 2016) § 10. Para fins de verificação do cumprimento
dos limites de que trata este artigo, serão consideradas as despesas primárias pagas,
incluídos os restos a pagar pagos e demais operações que afetam o resultado primário
no exercício. (Included by the Constitutional Amendment nº 95, de 2016) § 11. O pagamento de restos a pagar inscritos
até 31 de dezembro de 2015 poderá ser excluído da verificação do cumprimento dos limites
de que trata este artigo, até o excesso de resultado primário dos Orçamentos Fiscal
e da Seguridade Social do exercício em relação à meta fixada na lei de diretrizes orçamentárias.
(Included by Constitutional Amendment No. 95, de 2016) Art. 108. O Presidente da República poderá
propor, a partir do décimo exercício da vigência do Novo Regime Fiscal, projeto de
lei complementar para alteração do método de correção dos limites a que se refere
o inciso II do § 1º do art. 107 deste Ato das Disposições Constitucionais Transitórias.
(Included by Constitutional Amendment No. 95, de 2016) Single paragraph. Será admitida apenas uma
alteração do método de correção dos limites por mandato presidencial. (Included by
Emenda Constitucional nº 95, de 2016) Art. 109. No caso de descumprimento de limite
individualizado, aplicam-se, até o final do exercício de retorno das despesas aos
respectivos limites, ao Poder Executivo ou a órgão elencado nos incisos II a V do caput
of art. 107 deste Ato das Disposições Constitucionais Transitórias que o descumpriu, sem prejuízo
de outras medidas, as seguintes vedações: (Included by Constitutional Amendment No.
95, de 2016) I – concessão, a qualquer título, de vantagem,
aumento, reajuste ou adequação de remuneração de membros de Poder ou de órgão, de servidores
e empregados públicos e militares, exceto dos derivados de sentença judicial transitada
em julgado ou de determinação legal decorrente de atos anteriores à entrada em vigor desta
Emenda Constitucional; (Included by the Amendment Constitucional nº 95, de 2016) II – criação de cargo, emprego ou função
que implique aumento de despesa; (Included pela Emenda Constitucional nº 95, de 2016) III – alteração de estrutura de carreira
que implique aumento de despesa; (Included pela Emenda Constitucional nº 95, de 2016) IV – admissão ou contratação de pessoal,
a qualquer título, ressalvadas as reposições de cargos de chefia e de direção que não
acarretem aumento de despesa e aquelas decorrentes de vacâncias de cargos efetivos ou vitalícios;
(Included by Constitutional Amendment No. 95, de 2016) V – realização de concurso público, exceto
para as reposições de vacâncias previstas no inciso IV; (Included by the Constitutional Amendment
nº 95, de 2016) VI – criação ou majoração de auxílios,
vantagens, bônus, abonos, verbas de representação ou benefícios de qualquer natureza em favor
de membros de Poder, do Ministério Público ou da Defensoria Pública e de servidores
e empregados públicos e militares; (Included pela Emenda Constitucional nº 95, de 2016) VII – criação de despesa obrigatória; and
(Included by Constitutional Amendment No. 95, de 2016) VIII – adoção de medida que implique reajuste
de despesa obrigatória acima da variação da inflação, observada a preservação do
poder aquisitivo referida no inciso IV do caput do art. 7º da Constituição Federal.
(Included by Constitutional Amendment No. 95, de 2016) § 1º As vedações previstas nos incisos
I, III e VI do caput, quando descumprido qualquer dos limites individualizados dos órgãos
elencados nos incisos II, III e IV do caput of art. 107 deste Ato das Disposições Constitucionais
Transitórias, aplicamse ao conjunto dos órgãos referidos em cada inciso. (Included by
Emenda Constitucional nº 95, de 2016) § 2º Adicionalmente ao disposto no caput,
no caso de descumprimento do limite de que trata o inciso I do caput do art. 107 deste
Ato das Disposições Constitucionais Transitórias, ficam vedadas: (Incluído pela Emenda Constitucional
nº 95, de 2016) I – a criação ou expansão de programas
e linhas de financiamento, bem como a remissão, renegociação ou refinanciamento de dívidas
que impliquem ampliação das despesas com subsídios e subvenções; e (Incluído pela
Emenda Constitucional nº 95, de 2016) II – a concessão ou a ampliação de incentivo
ou benefício de natureza tributária. (Included pela Emenda Constitucional nº 95, de 2016) § 3º No caso de descumprimento de qualquer
dos limites individualizados de que trata o caput do art. 107 deste Ato das Disposições
Constitucionais Transitórias, fica vedada a concessão da revisão geral prevista no
inciso X do caput do art. 37 da Constituição Federal. (Included by the Constitutional Amendment
nº 95, de 2016) § 4º As vedações previstas neste artigo
aplicam-se também a proposições legislativas. (Included by Constitutional Amendment No.
95, de 2016) Art. 110. Na vigência do Novo Regime Fiscal,
as aplicações mínimas em ações e serviços públicos de saúde e em manutenção e desenvolvimento
do ensino equivalerão: (Incluído pela Emenda Constitucional nº 95, de 2016) I – no exercício de 2017, às aplicações
mínimas calculadas nos termos do inciso I do § 2º do art. 198 e do caput do art. 212,
da Constituição Federal; e (Incluído pela Emenda Constitucional nº 95, de 2016) II – nos exercícios posteriores, aos valores
calculados para as aplicações mínimas do exercício imediatamente anterior, corrigidos
na forma estabelecida pelo inciso II do § 1º of art. 107 deste Ato das Disposições Constitucionais
Transitórias. (Included by the Constitutional Amendment nº 95, de 2016) Art. 111. A partir do exercício financeiro
de 2018, até o último exercício de vigência do Novo Regime Fiscal, a aprovação e a execução
previstas nos §§ 9º e 11 do art. 166 da Constituição Federal corresponderão ao
montante de execução obrigatória para o exercício de 2017, corrigido na forma estabelecida
pelo inciso II do § 1º do art. 107 deste Ato das Disposições Constitucionais Transitórias.
(Included by Constitutional Amendment No. 95, de 2016) Art. 112. As disposições introduzidas pelo
Novo Regime Fiscal: (Incluído pela Emenda Constitucional nº 95, de 2016) I – não constituirão obrigação de pagamento
futuro pela União ou direitos de outrem sobre o erário; and (Included by the Constitutional Amendment
nº 95, de 2016) II – não revogam, dispensam ou suspendem
o cumprimento de dispositivos constitucionais e legais que disponham sobre metas fiscais
ou limites máximos de despesas. (Included pela Emenda Constitucional nº 95, de 2016) Art. 113. A proposição legislativa que crie
ou altere despesa obrigatória ou renúncia de receita deverá ser acompanhada da estimativa
do seu impacto orçamentário e financeiro. (Included by Constitutional Amendment No.
95, de 2016) Art. 114. A tramitação de proposição elencada
no caput do art. 59 da Constituição Federal, ressalvada a referida no seu inciso V, quando
acarretar aumento de despesa ou renúncia de receita, será suspensa por até vinte
dias, a requerimento de um quinto dos membros da Casa, nos termos regimentais, para análise
de sua compatibilidade com o Novo Regime Fiscal. (Included by Constitutional Amendment No.
95, de 2016) Brasília, 5 de outubro de 1988.

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