Constitution of the Republic of Venezuela, 1961

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CONSTITUTION OF THE
REPUBLIC OF VENEZUELA

THE CONGRESS OF THE REPUBLIC OF VENEZUELA

having called for the vote of the Legislative Assemblies of the States of Anzoátegui, Apure, Aragua, Barinas, Bolívar, Carabobo, Cojedes, Falcón, Guárico, Lara, Mérida, Miranda, Monagas, Nueva Esparta, Portuguesa, Sucre, Táchira, Trujillo, Yaracuy, and Zulia, and in view of the favorable result of the voting,

in representation of the Venezuelan people, for whom the protection of God Omnipotent is invoked;

with the aim of maintaining the independence and territorial integrity of the Nation, strengthening its unity, ensuring the freedom, peace, and stability of its institutions;

protecting and uplifting labor, upholding human dignity, promoting the general well-being and social security; achieving an equitable participation by all in the enjoyment of wealth, according to principles of social justice, and promoting the development of the economy in the service of man;

maintaining social and legal equality, without discriminations due to race, sex, creed or social condition;

cooperating with all other nations and especially with the sister Republics of the Hemisphere, in the aims of the international community, on the basis of mutual respect for sovereignties, the self-determination of peoples, the universal guarantee of the individual and social rights of the human person, and the repudiation of war, conquest and economic predominance as instruments of international policy;

supporting the democratic order as the sole and irrenounceable means of ensuring the rights and dignity of citizens and favoring their peaceful extension to all the peoples of the earth;

and preserving and increasing the moral and historic patrimony of the Nation, forged by the people in their struggles for freedom and justice and by the thoughts and deeds of the great servants of their country, whose highest expression is Simón Bolívar, the Liberator, decrees the following

CONSTITUTION

TITLE I
The Republic, its Territory and Political Divisions

Chapter I
Fundamental Provisions

Article 1. The Republic of Venezuela is irrevocably and forever free and independent from any domination or protection by a foreign power.

Article 2. The Republic of Venezuela is a federal state, within the terms affirmed by this Constitution.

Article 3. The government of the Republic of Venezuela is and always shall be democratic, representative, responsible, and alternating.

Article 4. Sovereignty resides in the people, who exercise it, by means of suffrage, through the branches of the Public Power.

Article 5. The national flag, with the colors yellow, blue, and red; the national hymn "Glory to a brave people", and the coat of arms of the Republic, are the symbols of our country.

The law shall determine their characteristics and regulate their use.

Article 6. The official language is Spanish.

Chapter II
The Territory and Political Divisions

Article 7. The national territory is that which belonged to the Captaincy General of Venezuela before the political transformation initiated in 1810, with the modifications resulting from treaties validly concluded by the Republic.

The sovereignty, authority and vigilance over the territorial sea, the contiguous maritime zone, the continental shelf, and the air space, as well as the ownership and exploitation of property and resources contained within them, shall be exercised to the extent and conditions determined by law.

Article 8. The national territory may never be ceded, transferred, or leased or alienated in any way, even partially or temporarily, to a foreign power.

Foreign States may acquire, within a specified area, under guarantee of reciprocity and with limitations established by law, only real property that is necessary for the seat of their diplomatic and consular representation. The acquisition of real property by international organizations may be authorized only in accordance with conditions and restrictions established by law. In al these cases sovereignty over the land is retained.

Article 9. The national territory is divided for the purposes of the political organization of the Republic into the States, the Federal District, the Federal Territories, and the Federal Dependencies.

Article 10. States may merge, alter their present boundaries, and grant compensations or cessions of territory through the agreements approved by their Legislative Assemblies and ratified by the Senate. Alternations of boundaries, compensations or cessions of territory between the Federal District or the Federal Territories or Dependencies and the States may be accomplished through agreements between the National Executive and the respective States, ratified by the corresponding Legislative Assemblies and by the Senate.

Article 11. The city of Caracas is the capital of the Republic and the permanent seat of the supreme branches of the National Power.

The provisions of this article shall not prevent the temporary exercise of the National Power in other places in the Republic.

A special law shall coordinate the different jurisdictions existing within metropolitan area of Caracas, without impairing municipal autonomy.

Article 12. The Federal District and the Federal Territories shall be organized by organic laws in which municipal autonomy shall be maintained.

Article 13. A special law may give a Federal Territory the status of a State, alloting to it all or a part of the respective Territory.

Article 14. The Federal Dependencies are those portions of the territory of the Republic not included in the States, Territories and Federal District, as well as the islands which may be formed or appear in the territorial sea or in the sea covering the continental shelf. Their system of government and administration shall be established by law.

Article 15. The law may establish a special juridical system for those territories wich, by the free determination of their inhabitants and with the approval of Congress, are incorporated into the Republic.

Chapter III
The States

Article 16. The States are autonomous and equal as political entities. They are obliged to maintain the independence and integrity of the Nation; and to comply with and enforce the Constitution and the laws of the Republic.

They shall give faith and credit to the public acts issuing from the national authorities, the other States, and the Municipalities and shall see that they are executed.

Each State may preserve its present name or change it.

Article 17. The following are within the competence of each State:

1. The organization of its public powers, in conformity with this Constitution;

2. The organization of its Municipalities and other local entities and their political and territorial division, in accordance with this Constitution and the national laws.

3. The administration of its property and expenditures of the constitutional allotment and other revenues pertaining to it, subject to the provisions of Articles 229 and 235 of this Constitution;

4. The use of the public credit, subject to the limitations and requirements established by national laws;

5. The organization of the urban and rural police and determination of what branches of this service shall be within municipal jurisdiction;

6. Matters entrusted to it in accordance with Article 137;

7. Anything which, in conformity with this Constitution, does not pertain to national or municipal jurisdiction.

Article 18. The States may not:

1. Create custom houses or taxes on imports, export taxes, or taxes on transit of foreign or domestic goods, or on other revenue items under national or municipal jurisdiction;

2. Tax consumer goods before they enter into circulation within their territory;

3. Prohibit consumption of goods produced outside their territory, or tax them differently from those produced within their jurisdiction;

4. Levy taxes on livestock or on their products or by-products.

Article 19. The Legislative Power in each State is exercised by a Legislative Assembly whose members must meet the same requirements as those indicated in this Constitution to be a Deputy, and they shall be elected by direct vote with proportional representation of minorities, according to law.

The Legislative Assembly is competent to examine and control any act of the public state administration.

Members of the Legislative Assemblies shall enjoy immunity within the territory of the respective State from ten days before the beginning of sessions until ten days after their termination or after a member ceases to function. This immunity is governed by the rules of this Constitution relative to the immunity of Senators and Deputies, in so far as applicable.

Article 20. The powers of the Legislative Assembly are:

1. To legislate on matters within state competence;

2. To approve or disapprove annually the actions of the Governor, in a special session called for that purpose;

3. To sanction the Budget Law of the State;

The total expenditures authorized by the Budget Law may in no case exceed the estimate of revenues for the respective period made by the Governor in the bill submitted to the Legislative Assembly;

4. Any others attributed to it by law.

Article 21. The government and administration of each State pertains to a Governor, who in addition to being executive head of the State is the agent of the National Executive in his respective district.

To be a Governor one must be a Venezuelan by birth, over thirty years of age and a layman.

Article 22. The law may establish the manner of electing and removing Governors, in accordance with the principles set forth in Article 3 of this Constitution. The respective bill must first be introduced to the Chambers in joint session, by a vote of two thirds of their members. The respective law shall not be subject to veto by the President of the Republic. Until the law provided in this article is enacted, the Governors shall be freely appointed and removed by the President of the Republic.

Article 23. The powers and duties of a Governor are:

1. To comply with and enforce this Constitution and the laws, and to execute and see to the execution of orders and resolutions received from the National Executive;

2. To appoint and remove the officials and employees under him, if their designation is not attributed to some other authority, without prejudice to laws governing the administrative career;

3. To submit to the Legislative Assembly a report of his administration for the year immediately preceding;

4. To submit to the Legislative Assembly the bill for the Budget Law.

Article 24. Disapproval of the acts of a Governor shall mean his immediate removal in the event that the latter is expressly agreed upon by a vote of two thirds of the members of the Legislative Assembly.

Chapter IV
Municipalities

Article 25. The Municipalities constitute the primary and autonomous political units within the national organization. They are juridical persons and their representation shall be exercised by those agencies determined by law.

Article 26. The organization of Municipalities and other local entities shall be governed by this Constitution, by rules following constitutional principles established in national organic laws, and by legal provisions enacted by the States in conformity therewith.

Article 27. The laws may establish different systems for the organization, government, and administration of Municipalities, based on population, economic development, geographical location, and other important factors. In all cases the municipal organization must be democratic and respond to the actual nature of the local government.

Article 28. Municipalities may be grouped into Districts. Municipalities may also be constituted as joint communities (mancomunidades) for specified purposes within their competence.

Article 29. Municipal autonomy includes:

1. Election of its authorities;

2. Free action on matters within its competence;

3. The creation, collection and expenditure of its revenues;

Acts of Municipalities may not be challenged except before jurisdictional authorities, in accordance with this Constitution and the laws.

Article 30. The government and administration of interests peculiar to the entity are within municipal competence, particularly in relation to its property and revenue and matters proper to local life, such as urban development, supplies, traffic, culture, health, social assistance, public credit institutions, tourist travel, and municipal police.

The law may grant municipalities exclusive competence in specific matters and may also impose on them a compulsory minimum of services.

Article 31. Municipalities shall have the following revenues:

1. The proceeds from their communal lands (ejidos) and their own property;

2. Excise taxes from the use of their property and services;

3. Licenses on industry, commerce and vehicles, and taxes on urban real property and public entertainment;

4. Fines imposed by municipal authorities and others attributed to them by law;

5. State or national subsidies and donations;

6. Any other special taxes, excises and contributions that are imposed according to law.

Article 32. The communal lands (ejidos) are inalienable and imprescriptible. They may be alienated only for constructions in those cases established by municipal ordinances and after compliance with formalities indicated therein. Those specified by law may also be alienated for purposes of agrarian reform, but there must always be left untouched lands required for the development of urban centers.

Article 33. Municipalities may make use of public credit subject to such limitations and requirements as are imposed by law.

Article 34. Municipalities shall be subject to the limitations established in Article 18 of this Constitution and they may not impose on the products of agriculture, stock-raising, or fishing of edible animals, taxes other than those on retail trade.

TITLE II
Nationality

Article 35. The following are Venezuelans by birth:

1. Those born in the territory of the Republic;

2. Those born in foreign territory of a native-born Venezuelan father and mother;

3. Those born in foreign territory of a native-born Venezuelan father or a native-born Venezuelan mother, provided they establish their residence in the territory of the Republic or declare their intention of accepting Venezuelan nationality;

4. Those born in foreign territory of a naturalized Venezuelan father or naturalized Venezuelan mother, provided that before reaching eighteen years of age they establish their residence in the territory of the Republic and before reaching reaching twenty-five years of age they declare their intention of accepting Venezuelan nationality.

Article 36. Foreigners who obtain a certificate of naturalization are Venezuelans by naturalization.

Foreigners who by birth have the nationality of Spain or of a Latin American State shall be entitled to special facilities in obtaining a certificate of naturalization.

Article 37. The following are Venezuelans by naturalization whenever they declare their intention to be such:

1. A foreign woman married to a Venezuelan;

2. Foreign minors as of the date of naturalization of the person who has parental authority over them, if they reside in the territory of the Republic and make the declaration before they reach twenty-five years of age; and

3. Foreign minors adopted by Venezuelans, if they reside in the territory of the Republic and make the declaration before reaching twenty-five years of age.

Article 38. A Venezuelan woman who marries a foreigner retains her nationality unless she declares her intention to the contrary and, in accordance to the national law of her husband, she acquires his nationality.

Article 39. Venezuelan nationality is lost:

1. By voluntary option or acquisition of another nationality;

2. By revocation of naturalization by judicial sentence according to law.

Article 40. Venezuelan nationality by birth is recovered whenever the person who lost it becomes domiciled in the territory of the Republic and declares his intention to recover it, or whenever he remains in the country for a period of not less than two years.

Article 41. The declaration of intention contemplated in Articles 35, 37, and 40 shall be made in proper form by the interested party if over eighteen years of age, or by his legal representative if he has not reached that age.

Article 42. The law shall enact, in accordance with the spirit of the foregoing provisions, the substantive and procedural rules relating to the acquisition, option, loss, and recovery of Venezualan nationality, shall resolve conflicts of nationality, shall establish the requirements, favorable circumstances and formalities, and shall regulate the loss and voidance of naturalization by indication of intention and by obtaining a naturalization certificate.

TITLE III
Duties, Rights and Guarantees

Chapter I
General Provisions

Article 43. Everyone has the right to the free development of his personality, with no other limitations than those deriving from the rights of others and from the public and social order.

Article 44. No legislative provision shall have retroactive effect except when it imposes a lesser penalty. Procedural laws shall apply from the time they enter into force, even in cases that are pending; but in criminal trials evidence already introduced, insofar as it is beneficial to the defendant, shall be weighed in accordance with the law in force at the time the trial begins.

Article 45. Foreigners have the same duties and rights as Venezuelans, with those limitations and exceptions established by this Constitution and the laws.

Political rights are reserved to Venezuelans, except as provided in Article 111.

Venezuelans by naturalization who entered the country before reaching seven years of age and resided therein permanently until attaining majority shall enjoy the same rights as Venezuelans by birth.

Article 46. Every act of the Public Power which violates or impairs the rights guaranteed by this Constitution is void, and the public officials and employees who order or execute it shall be held criminally, civilly or administratively liable, as the case may be, and orders of superiors manifestly contrary to the Constitution and the laws may not serve as an excuse.

Article 47. In no case may Venezuelans or foreigners claim indemnity from the Republic, the States, or Municipalities for damages, loss or expropriation that have not been caused by legitimate authorities in the exercise of their public office.

Article 48. Every agent of authority who executes measures restricting freedom must be identified as such when so demanded by the persons affected.

Article 49. The courts shall protect every inhabitant of the Republic in the enjoyment and exercise of the rights and guarantees established in this Constitution, in conformity with the law.

Proceedings shall be brief and summary and the competent judge shall have the power to reestablish immediately the infringed juridical situation.

Article 50. The enunciation of rights and guarantees in this Constitution must not be construed as a denial of others which, being inherent in the human person, are not expressly mentioned herein.

The lack of a law regulating these rights does not impair the exercise thereof.

Chapter II
Duties

Article 51. Venezuelans have the duty to honor and defend their country, and to safeguard and protect the interests of the Nation.

Article 52. Both Venezuelans and foreigners must comply with and obey the Constitution and the laws, and the decrees, resolutions and orders issued by legitimate agencies of the Public Power in the exercise of their functions.

Article 53. Military service is compulsory and shall be rendered without distinction as to class or social condition, in the periods and occasions fixed by law.

Article 54. Labor is a duty of every person fit to perform it.

Article 55. Education is compulsory within the degree and conditions fixed by law. Parents and representatives are responsible for compliance with this duty, and the State shall provide the means by which all may comply with it.

Article 56. Everyone is obligated to contribute to the public expenditures.

Article 57. The obligations that pertain to the State with respect to the assistance, education and well-being of the people do not exclude those which, by virtue of social solidarity, are incumbent on individuals according to their capacity. The law may impose compliance with these obligations in those cases where it may be necessary. It also may impose on persons who aspire to practice specified professions, the duty of rendering service for a certain time in places and under conditions indicated.

Chapter III
Individual Rights

Article 58. The right to life is inviolable. No law may establish the death penalty nor any authority carry it out.

Article 59. Every person has the right to be protected against injury to his honor, reputation or private life.

Article 60. Personal liberty and safety are inviolable, and consequently:

1. No one may be arrested or detained, unless caught in flagrante, except by virtue of a written order of an official authorized to decree the detention, in the cases and with the formalities prescribed by law. The summary proceedings may not be prolonged beyond the maximum legally fixed limit.

The accused shall have access to the charges against him in the summary hearing and to all means of defense prescribed by law as soon as the corresponding writ of detention is issued.

In the event that a punishable act has been committed, the police authorities may adopt provisional measures of necessity or urgency, indispensable to ensure investigation of the act and trial of the guilty parties. The law shall fix a brief and peremptory time limit in which the judicial authorities must be notified of such measures, and shall also establish a period in which the latter shall rule on them, it being understood that they have been revoked and are without effect, unless confirmed within that period.

2. No one may be deprived of his liberty for obligations the non-compliance with which has not been defined by law as a crime or misdemeanor.

3. No one may be held incommunicado nor subject to torture or to other proceedings which cause physical or moral suffering. Any physical or moral attack inflicted on a person subjected to restriction of his liberty is punishable.

4. No one may be required to take an oath nor compelled to make a statement or to acknowledge guilt in a criminal trial against himself, nor against his spouse or the person with whom he lived as married, nor against his relatives within the fourth degree of consanguinity or second of affinity.

5. No one may be convicted in a criminal trial without first having been personally notified of the charges and heard in the manner prescribed by law.

Persons accused of an offense against the res publica may be tried in absentia, with the guarantees and in the manner prescribed by law.

6. No one shall continue to be held after the issuance of an order for release by a competent authority or after fulfilling the penalty imposed. The establishment of bail required by law for granting provisional liberty of the person detained shall not be subject to a tax of any kind.

7. No one may be sentenced to perpetual or infamous punishment. Punishment involving restriction of liberty may not exceed thirty years.

8. No one may be tried for the same acts by virtue of which he has been judged previously.

9. No one may be the object of forced recruitment nor subjected to military service except for terms outlined by law.

10. Measures of social interest against dangerous individuals may be taken only by fulfillment of conditions and formalities established by law. Such measures shall in all cases be directed toward readaption of the individual to life in society.

Article 61. Discrimination based on race, sex, creed, or social condition shall not be permitted.

Documents of identification for acts of civil life shall contain no mention of any kind respecting filiation.

No official form of address shall be used other than "citizen" (ciudadano) and "you" (usted), except in diplomatic formulas.

Titles of nobility or hereditary distinction shall not be recognized.

Article 62. The home is inviolable. It may not be broken into except to prevent the consummation of a crime or to carry out decisions of the courts, in accordance with the law.

Sanitary inspections which are to be made in conformity with the law may be undertaken only after prior notice from the officials who order them or who are to make them.

Article 63. Correspondence in all its forms is inviolable. Letters, telegrams, private papers and any other means of correspondence may not be seized except by judicial authority, with the fulfillment of legal formalities and always maintaining secrecy respecting domestic and private affairs that have no relation to the corresponding proceeding. Books, receipts and accounting documents may be inspected or audited only by competent authorities, in conformity with the law.

Article 64. Every one may travel freely through the national territory, change his domicile or residence, leave and return to the Republic, bring his property into the country or take it out, with no other limitations than those established by law. Venezuelans may enter the country without the necessity of any authorization whatever. No act of the Public Power may establish against Venezuelans the penalty of banishment from the national territory, except as commutation of some other punishment and at the request of the guilty party himself.

Article 65. Everyone has the right to profess his religious faith and to practice his religion privately or publicly, provided it is not contrary to the public order or to good customs.

Religious faiths shall be subject to the supreme inspection of the National Executive, in conformity with the law.

No one may invoke religious beliefs or disciplines in order to avoid complying with the laws or to prevent another from exercising his rights.

Article 66. Everyone has the right to express his thoughts by the spoken word or in writing and to make use of any means of dissemination, without prior censorship; but statements which constitute offenses are subject to punishment, according to law.

Anonymity is not permitted. Likewise, propaganda for war, that which offends public morals, and that for the purpose of inciting disobedience of the laws shall not be permitted, but this shall not repress analysis or criticism of legal principles.

Article 67.

2.

Constitution of the Republic of Venezuela, 1961

From Roach Busters

Revision as of 03:30, 2 November 2009

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