Constitution of the Empire of Brazil

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Current revision as of 09:40, 18 June 2012

[edit] Preamble

We, the free and sovereign people of Brazil, in humble submission to Almighty God, in order to establish government of the people, by the people, and for the people, and to secure to ourselves and our posterity the blessings of liberty, justice, and equality, do hereby ordain and promulgate this Constitution.

[edit] Chapter I
Organization of the State

The Empire of Brazil is an independent, sovereign, federal, democratic, constitutional monarchy governed by the rule of law.

[edit] Chapter II
National Symbols

Section 1. The official religion of the Empire is the One, Holy, Catholic, and Apostolic Church; but all religions shall enjoy equal protection under the law.

Section 2. The official language of the Empire is Portuguese.

Section 3. The state motto of the Empire is "Independência ou Morte!"

Section 4. The national anthem of the Empire is "Hino da Independência."

Section 5. The national symbols of the Empire are the flag and the coat of arms.

[edit] Chapter III
Declaration of Principles and State Policies

Section 1. The Brazilian people affirm and recognize the supremacy of and omnipotence of Almighty God and the direction by Him of the affairs of men and the destinies of nations.

Section 2. The principle governing the Empire is "government of the people, by the people and for the people."

Section 3. The protection of life, liberty, and property and the maintenance of peace and order are the prime duties of the government.

Section 4. Brazil shall adhere to the principles of international law which are not contrary to the exercise of national sovereignty.

Section 5. Brazil shall pursue an independent foreign policy. In its relations with other states, the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-determination.

Section 6. Civilian authority is, at all times, supreme over the military.

Section 7. No person owes obedience to a usurper government or to anyone who assumes public office in violation of the Constitution and the law. The acts of those who usurp public office are null and void.

Section 8. Public office is a public trust. Public officers and employees must, at all times, be accountable to the people, and serve them with utmost responsibility, integrity, loyalty, and efficiency.

Section 9. Every person shall be equal under the law and shall enjoy the same rights and be subject to the same duties, without distinction as to color, race, ethnic group, gender, place of birth, religion, sexual orientation, ideology, level of education, or economic or social status.

Section 10. Brazil shall promote social justice in all phases of national development.

Section 11. Brazil values the dignity of every human person and guarantees full respect for human rights.

Section 12. Brazil recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the government.

Section 13. Brazil shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all.

Section 14. Brazil recognizes the vital role of the youth in nation-building and guarantees free and compulsory education, physical education, and vocational training for all children and adolescents.

Section 15. Brazil shall guarantee to all citizens a life worthy of human dignity. No person shall be denied the right to housing, medical care, food, drinking water, clothing, or other necessities of life for reasons of poverty.

Section 16. Brazil recognizes the indispensable role of private enterprise in the development of the nation, and promotes and encourages domestic and private investment.

Section 17. Brazil recognizes and promotes the rights of indigenous cultural communities within the framework of national unity.

Section 18. Brazil recognizes the right of the people to a healthy environment, and shall make environmental protection and conservation a high priority of the government.

Section 19. The multiparty system and representative democracy in Brazil shall be inviolable.

Section 20. All powers not explicitly granted to the national government, nor denied by it to the provinces, are reserved to the provinces and to the people.

Section 21. The Constitution is the supreme law of the Empire of Brazil. All laws inconsistent with the Constitution shall, to the extent of such inconsistency, be null and void.

[edit] Chapter IV
Fundamental Rights of the People

Section 1. No person shall be deprived of liberty or property without due process of law.

Section 2. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances. There shall be no censorship.

Section 3. (1) Every person shall be guaranteed freedom of conscience and freedom of religion, including the right to profess, individually or together with others, any religion, or to profess no religion at all, and to freely choose, possess, and disseminate religious and other views and act according to them. No religious test shall be required for the exercise of civil or political rights.

Section 4. (1) Every person shall have the right to remain faithful to his opinions or beliefs; but a person's beliefs shall not excuse a violation of the law. No person shall be held legally responsible because of his opinions of beliefs, nor shall any person be compelled to change them.

Section 5. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, of whatever nature and for any purpose, shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.

Section 6. The privacy of communication and correspondence shall be inviolable, except upon lawful order of the court. Any evidence obtained in violation of this or the preceding Section shall be inadmissible for any purpose in any proceeding.

Section 7. The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law.

Section 8. The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law.

Section 9. Every person shall have the right to have and to carry arms for his security and legitimate defense. The law will indicate which arms are prohibited and the penalty for those that will carry prohibited arms.

Section 10. Every person has a right to private property, whether personal or owned in association with others. Private property, whether individually or collectively owned, is inviolable. The right to property may not be interfered with except in public interest, in circumstances and procedures determined by law and subject to fair and prior compensation.

Section 11. The right of inheritance shall be guaranteed.

Section 12. No law impairing the obligation of contracts shall be passed.

Section 13. Every person shall have the right to freely choose his sphere of activity, profession, and place of work. Any worker may defend his rights through trade union action under conditions determined by law. The right of workers' to strike is permitted and shall be exercised within the limits provided for by the law, but the exercising of this right shall not interfere with the freedom to work which is guaranteed for every individual.

Section 14. The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged.

Section 15. No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted.

Section 16. Every person has the right to physical and mental integrity. No person shall be subjected to experimentation without his informed consent. The modalities of such consent and experiments are determined by law.

Section 17. Free access to the courts and to adequate legal assistance shall not be denied to any person by reason of poverty.

Section 18. (1) Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel.

(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited.

(3) Any confession or admission obtained in violation of this or Section 23 hereof shall be inadmissible in evidence against him.

(4) The law shall provide for penal and civil sanctions for violations of this section as well as compensation to the rehabilitation of victims of torture or similar practices, and their families.

Section 19. All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.

Section 20. (1) No person shall be held to answer for a criminal offense without due process of law.

(2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused: Provided, that he has been duly notified and his failure to appear is unjustifiable.

Section 21. The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion, when the public safety requires it. The suspension of the privilege of the writ of habeas corpus shall apply only to persons judicially charged for rebellion or offenses inherent in, or directly connected with, invasion. During the suspension of the privilege of the writ of habeas corpus, any person thus arrested or detained shall be judicially charged within three days, otherwise he shall be released.

Section 22. All persons shall have the right to a speedy disposition of their cases before all judicial or administrative bodies.

Section 23. No person shall be compelled to be a witness against himself.

Section 24. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted.

(2) The employment of physical, psychological, or degrading punishment against any prisoner or detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law.

(3) There shall be no death penalty.

Section 25. No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act.

Section 26. (1) No person shall be convicted of an act which did not constitute a criminal offense under the law in force at the time the act was committed.

(2) No person shall have a more severe punishment imposed on him than the one that was applicable at the time the offense was committed. If, subsequent to the commission of an offense, the law provides for a lesser punishment, the lesser punishment shall apply.

Section 27. Every person shall have the right to his ethnic and cultural identity. The ethnic and cultural plurality of the nation shall be recognized and protected.

Section 28. Any Brazilian unable to express himself in Portuguese has the right to use his own language before any authority through an interpreter. Foreigners enjoy the same right when summoned before any authority.

Section 29. (1) Extradition may be granted only upon the recommendation of the Supreme Court, in compliance with the law and treaties and based on the principle of reciprocity.

(2) Extradition will not be granted when it is determined that it is sought for the purpose of persecution or punishment based on religion, nationality, opinions, or race.

(3) Those sought for political crimes or related acts will not be extradited. Acts of terrorism, mass murder, and genocide are not classified as such.

(4) The government recognizes political asylum. It accepts the status extended by the government granting asylum. In the case of deportation, the individual granted asylum will not be turned over to the country whose government is pursuing him.

[edit] Chapter V
The Head of State

Section 1. The Emperor (or Empress, if applicable), as head of the House of Orléans-Braganza, shall be the chief of state of the Empire.

Section 2. (1) The Emperor shall be the representative of the Empire and the Brazilian people in internal affairs and foreign relations.

(2) The Emperor shall at all times profess faith in the One, Holy, Catholic, and Apostolic Church, and uphold and protect the same.

Section 3. The order of succession shall be determined by law and shall not be abridged or altered in any form without the explicit assent of the Emperor.

Section 4. The command-in-chief of the armed forces shall be vested in the Emperor.

Section 5. The Emperor shall have power:
(a) to dissolve the Chamber of Deputies and call general elections;
(b) to appoint the times for the holding of sessions of the General Assembly and to convene and prorogue the General Assembly;
(c) to confer and revoke honors, decorations, titles of nobility, state awards, and military and diplomatic ranks;
(d) to pardon or reprieve offenders, either unconditionally or subject to such lawful conditions as the General Assembly may fix, and to remit any fines, penalties, or forfeitures;
(e) to appoint the President of the Council of Ministers and, on the advice of the latter, the Ministers;
(f) to appoint and accredit, and to receive and recognize, ambassadors, plenipotentiaries, diplomatic representatives and other diplomatic officers, consuls and consular officers;
(g) to appoint magistrates;
(h) to appoint bishops and provide ecclesiastical benefits; and
(i) to appoint the commanders of the armed forces.

Section 6. The Emperor shall have power, with the concurrence of a majority of both chambers of the General Assembly, to submit any national issue to a referendum. The decision of the people shall be made by a majority of the participants in the voting. A law which is passed by a referendum shall be presented to the Supreme Court of Justice, which shall decide on the constitutionality of the law. If the law is declared to be constitutional, the Emperor shall proclaim the law, and it shall come into effect ten days after such proclamation.

Section 7. The Emperor shall have power, when the General Assembly is not in session, to issue decrees having the full force of law, provided that the decrees are in no way contradictory to the Constitution. Furthermore, such decrees shall cease to have effect as soon as the General Assembly re-convenes, unless the General Assembly itself decides otherwise.

Section 8. The Emperor shall, in exercising his powers, act in accordance with the advice of the Council of State and in conformity with the Constitution.

Section 9. (1) The Emperor shall not:
(a) hold membership in any political party;
(b) have the right to participate in any election in any form;
(c) be exempt from taxation or granted any other special privilege on account of his royal status; or
(d) hold any political office in any form.

(2) The conditions mentioned in the preceding subsection shall be equally applicable to all other members of the Imperial Family. Exceptions to this are Princes of the Brazilian Imperial House, who become senators for life by right upon reaching the age of twenty-five.

[edit] Chapter VI
The Council of State

Section 1. The Council of State shall be the political body that advises the Emperor.

Section 2. The Council of State shall be chaired by the Emperor and shall also be composed of the following members:
(a) the Prince Imperial;
(b) the President of the Council of the Ministers;
(c) the President of the Senate;
(d) the President of the Chamber of Deputies;
(e) the President of the Supreme Court of Justice;
(f) the governors of the provinces;
(g) the commander of the Brazilian Imperial Army;
(h) the commander of the Brazilian Imperial Navy;
(i) the commander of the Brazilian Imperial Air Force;
(j) fifteen citizens appointed by the Emperor, acting in accordance with his own discretion;
(k) five citizens appointed by the Senate, but from the members thereof;
(l) five citizens appointed by the Chamber of Deputies, but from the members thereof; and
(m) five citizens appointed by the Supreme Court of Justice, but from the members thereof.

Section 3. (1) The members of the Council of State shall be installed by the Emperor.

(2) The Prince Imperial shall hold membership in the Council of State for life.

(3) Those members of the Council of State who are provided for in paragraphs (b), (c), (d), (e), (f), (g), (h), and (i) of Section 2 shall continue to be members for as long as they remain in their respective offices.

(4) Those members of the Council of State who are provided for in paragraphs (j), (k), (l), and (m) shall hold membership in the Council for five years from the beginning of their appointment thereto.

Section 4. (1) The Council of State shall be responsible for drawing up its own rules of procedure.

(2) Meetings of the Council of State shall not be public.

Section 5. The Council of State shall be responsible for:
(a) giving its opinion on the dissolution of the Chamber of Deputies and the calling of general elections;
(b) giving its opinion on the convention or prorogation of the General Assembly;
(c) giving its opinion on the appointment of those officials to whom the Constitution vests the authority to appoint; and
(d) giving its opinion on other cases provided for by this Constitution, and in general and when asked to do so by the Emperor in the exercise of his duties.

Section 6. The Council of State shall issue the opinions provided for in the preceding Section at a meeting which the Emperor shall call for that purpose, and such opinions shall be made public at the time of the act to which they refer.

Section 7. (1) With the exceptions of the members mentioned in paragraphs (j), (k), (l), and (m), members of the Council of State shall not receive compensation in any form for the exercise of their duties as members of the Council of State.

(2) The preceding paragraph shall not be construed to deny the members of the Council of State mentioned in paragraphs (b) through (i) the compensation they are entitled to for the exercise of their duties in their respective offices outside of the Council of State.

(3) The salary of the members mentioned in paragraphs (j), (k), (l), and (m) shall be fixed by the General Assembly and may not be increased nor diminished during their continuance in office.

[edit] Chapter VII
The Council of Ministers

Section 1. The executive government of the Empire in regard to any aspect of its domestic or foreign affairs shall be vested in the Council of Ministers.

Section 2. (1) The Council of Ministers shall consist of the President of the Council of the Ministers, hereinafter referred to as the Prime Minister, and the Ministers assigned to assist him.

(2) The Prime Minister shall determine, and be responsible for, general policy. Within the limits of this general policy, each Minister shall conduct the business of his department autonomously and on his own responsibility.

Section 3. (1) The Emperor shall, after consulting the Chamber of Deputies, appoint the person who, in his opinion, is best able to command the support of a majority of the Chamber, to be the Prime Minister. The Prime Minister shall hold office during the pleasure of the Emperor.

(2) The Emperor, acting on the advice of the Prime Minister, shall appoint other Ministers and may assign functions to such Ministers, including the administration of any Act or of any department of government. Ministers shall hold office during the pleasure of the Emperor and may be removed from office by the Emperor acting on the advice of the Prime Minister.

(3) No Minister, including the Prime Minister, shall hold office unless he is a member of the Chamber of Deputies or the Senate.

(4) Whenever a Minister is from any cause whatever unable to perform any of the functions of his office, the Emperor may appoint any other member of the Council of Ministers to act in the said Minister's stead, either generally or in the performance of any particular function.

(5) The Prime Minister may at any time by notice in writing addressed to the Emperor resign his office.

(6) A Minister may at any time by notice in writing addressed to the Emperor and delivered to the Prime Minister resign his office.

(7) Any person appointed under this section shall, before entering upon his office, make and subscribe an oath before the Emperor or a person designated by him, in the following form:

"I, A.B., do hereby swear (or affirm) to be faithful to His Imperial and Royal Majesty the Emperor, to hold my office with honor and dignity, to respect and uphold the Constitution and all other laws of the Empire, to consecrate myself to the service of the nation, and to perform the duties of my office conscientiously and to the best of my ability. So help me God."

(In case of affirmation, the last sentence will be omitted)

Section 4. (1) The Prime Minister shall be responsible to the Emperor and, within the ambit of the political responsibility of the Council of Ministers, to the General Assembly.

(2) The Ministers shall be responsible to the Prime Minister and, within the ambit of the political responsibility of the Council of Ministers, to the General Assembly.

Section 5. (1) The Council of Ministers shall, within ten days of its appointment, submit its program to the Chamber of Deputies for consideration, by means of a Prime Ministerial statement. The program shall set out the main political guidelines and the measures that are to be adopted or proposed in the various areas of governance.

(2) In the event that the Chamber is not in full session, its President shall obligatorily summon it for this purpose.

(3) The debate shall not last for more than three days, and until it is closed, any parliamentary group may make a motion rejecting the program, and the Council of Ministers may request the passage of a confidence motion.

(4) Rejection of the program shall require an absolute majority of all the members of the Chamber of Deputies in full exercise of their office.

Section 6. The Council of Ministers may ask the Chamber of Deputies to pass a motion of confidence in relation to a statement of general policy or any important matter of national interest.

Section 7. (1) Upon the initiative of one quarter of all the members in full exercise of their office or of any parliamentary group, the Chamber of Deputies may subject the Council of Ministers to no confidence motions in relation to the implementation of its program or to any important matter of national interest.

(2) No confidence motions shall only be considered forty-eight hours after they are made, and the debate thereon shall last for no more than three days.

(3) If a no confidence motion is not passed, its signatories may not make another such motion during the same legislative session.

Section 8. The Council of Ministers shall resign upon:
(a) the beginning of a new legislature;
(b) acceptance by the Emperor of the Prime Minister's resignation;
(c) the Prime Minister’s death or lasting physical incapacitation;
(d) rejection of its program of government;
(e) the failure of any confidence motion;
(f) passage of a no confidence motion by an absolute majority of all the members of the Chamber of Deputies in full exercise of their office.

Section 9. (1) A member of the Council of Ministers shall cease to hold office if he ceases to be a member of the Senate or the Chamber of Deputies, whichever the case may be.

(2) A member of the Council of Ministers may resign for any cause without vacating his seat in the Senate or the Chamber of Deputies, whichever the case may be.

Section 10. Members of the Council of Ministers may not hold any other salaried office, nor engage in a trade, nor practice a profession, nor belong to the management or, without the consent of the General Assembly, to the board of directors of an enterprise carried on for profit.

Section 11. (1) The salaries and emoluments of the Prime Minister and the Ministers shall be fixed by law and may not be increased or decreased during their tenure of office. Until otherwise provided by law, Ministers shall receive an annual compensation of seventy-five thousand reais each. Until otherwise provided by law, the Prime Minister shall each receive an annual compensation of one hundred thousand reais.

(2) The Prime Minister and Ministers shall not, in addition to the compensation mentioned in the preceding sub-section, receive any compensation they would otherwise be entitled to as members of the Chamber of Deputies or the Senate, whichever the case may be, unless they first resign from the Council of Ministers.

[edit] Chapter VIII
The General Assembly

[edit] Part I: General

Section 1. Legislative power shall be vested in the General Assembly, which shall consist of the Senate and the Chamber of Deputies.

Section 2. The Emperor may appoint such times for holding the sessions of the General Assembly as he thinks fit, and may also from time to time, by proclamation or otherwise, prorogue the General Assembly, and may in like manner dissolve the Chamber of Deputies.

Section 3. There shall be a session of the General Assembly once at least in every year, so that twelve months shall not intervene between the last sitting of the General Assembly in one session and its first sitting in the next session.

[edit] Part II: The Senate

Section 1. The Senate shall consist of:
(a) 210 senators nominated by the Emperor of whom fifteen shall be nominated from each province; and
(b) Princes of the Brazilian Imperial House, who are senators by right and shall assume office upon reaching the age of twenty-five.

Section 2. (1) The senators nominated by the Emperor in terms of paragraph (a) of Section (1) shall hold their seats for eight years.

(2) The Emperor shall when nominating senators act on the advice of the sitting members of the legislature of the province for which the senator is being nominated.

(3) If the seat of a senator so nominated becomes vacant, the Emperor shall nominate, on the advice of the legislature of the province concerned, another person to hold the seat until the completion of the period for which the person in whose stead he is nominated, would have held the seat.

(4) No person shall be qualified to be nominated as a senator in terms of paragraph (a) of Section (1) unless he:
(a) is at least forty years of age;
(b) is qualified to be registered as a voter for the election of members of the Chamber of Deputies in the province concerned;
(c) has resided for five years within the limits of the province concerned; and
(d) is a citizen of the Empire in full enjoyment of his political and civil rights.

Section 3. The senators referred to in paragraph (b) of Section (1) shall hold their seats for life, provided that they are not subject to any of the disabilities mentioned in Section (4) of Part IV of this Chapter.

Section 4. (1) The Senate shall, before proceeding to the dispatch of any other business, choose a Senator to be President of the Senate, and as often as the office of President becomes vacant the Senate shall again choose a Senator to be the President.

(2) The President of the Senate shall cease to hold office if he ceases to be a senator and he may be removed from office by a vote of two-thirds of the members of the Senate, or he may by writing under his hand addressed to the Emperor and delivered to the Prime Minister resign his office.

(3) Prior to or during the absence of the President of the Senate, the Senate may choose a Senator to perform his duties in his absence.

Section 5. (1) A Senator may, by writing under his hand addressed to the President of the Senate, resign his seat, which thereupon shall become vacant.

(2) Whenever the seat of a senator becomes vacant, the Emperor shall as soon as practicable cause steps to be taken to have the vacancy filled.

Section 6. All questions in the Senate shall be determined by a majority of votes of Senators present other than the President of the Senate or the presiding Senator, who shall, however, have and exercise a casting vote in the case of an equality of votes.

[edit] Part III: The Chamber of Deputies

Section 1. The Chamber of Deputies shall be composed of 513 members, called deputies, directly chosen by the voters of the Empire as hereinafter provided.

Section 2. (1) Deputies shall be elected for constituencies that shall be geographically defined by law. The law may create plurinominal and uninominal constituencies and lay down the nature and complementarity thereof, all in such a way as to ensure that votes are converted into seats in accordance with the proportional representation system and using d’Hondt’s highest-average rule.

(2) With the exception of the national constituency, if any, the number of deputies for each plurinominal constituency in Brazilian territory shall be proportional to the number of citizens registered to vote therein.

(3) Nominations shall be submitted by political parties as laid down by law. Parties may submit such nominations individually or in coalition and their lists of candidates may include citizens who are not registered members of any of the parties in question.

(4) No one shall be a candidate for more than one constituency of the same nature, with the exception of the national constituency, if any. No one may appear on more than one list.

(5) The law shall not limit the conversion of votes into seats by requiring a minimum national percentage of votes cast.

(6) Deputies shall represent not only their constituencies but the entire nation. No deputy shall be held to a mandatory mandate. Deputies shall act on the basis of the Constitution and the laws and in accordance with their conscience and convictions.

Section 3. No person shall be qualified to be elected as a deputy unless he:
(a) is at least twenty-five years of age;
(b) is qualified to be registered as a voter for the election of members of the Chamber of Deputies in one of the provinces;
(c) has resided for two years within the limits of the constituency concerned; and
(d) is a citizen of the Empire in full enjoyment of his political and civil rights.

Section 4. (1) Every Chamber of Deputies shall continue for four years from the first meeting thereof, and no longer, but may at any time be dissolved by the Emperor by proclamation.

(2) A general election of members of the Chamber of Deputies shall be held on such day within a period not exceeding four months after the issue of a proclamation dissolving the Chamber of Deputies as the Emperor may in that proclamation fix.

(3) At any general election of members of the Chamber of Deputies, all polls shall be taken on one and the same day in all the constituencies throughout the Empire.

(4) After any general election the Chamber of Deputies shall assemble not later than thirty days after the day appointed for the return of the writs.

Section 5. (1) The registration of voters and the conduct of elections shall be subject to the direction and supervision of the Superior Electoral Court.

(2) The hearing of objections raised against the validity of elections to the Chamber of Deputies and their verification concerning either electoral violations related to the conduct of the elections, or the lack of legal qualifications, is assigned to the Superior Electoral Court.

Section 6. (1) The Chamber of Deputies shall, before proceeding to the dispatch of any other business, choose a deputy to be President of the Chamber of Deputies, and as often as the office of President becomes vacant the Chamber of Deputies shall again choose a deputy to be the President.

(2) The President of the Chamber of Deputies shall cease to hold office if he ceases to be a deputy and he may be removed from office by a vote of two-thirds of the members of the Chamber of Deputies, or he may by writing under his hand addressed to the Emperor and delivered to the Prime Minister resign his office.

(3) Prior to or during the absence of the President of the Chamber of Deputies, the Chamber may choose a deputy to perform his duties in his absence.

Section 7. (1) A deputy may, by writing under his hand addressed to the President of the Chamber of Deputies, resign his seat, which thereupon shall become vacant.

(2) Whenever the seat of a deputy becomes vacant, whether in consequence of his resignation or otherwise, the Emperor shall, as soon as practicable, call an election in the constituency from which that deputy was elected, to elect a successor. The person elected to succeed that deputy shall hold his seat until the completion of the period for which the person in whose stead he was elected would have held the seat.

Section 8. All questions in the Chamber of Deputies shall be determined by a majority of votes of deputies present other than the President of the Chamber of Deputies or the presiding deputy, who shall, however, have and exercise a casting vote in the case of an equality of votes.

[edit] Part IV: Both Chambers of the General Assembly

Section 1. Every senator and every deputy shall, before taking his seat, make and subscribe before the Emperor, or some person authorized by him, an oath in the following form:

"I, A.B., do hereby swear (or affirm) to be faithful to His Imperial and Royal Majesty the Emperor, to hold my office with honor and dignity, to respect and uphold the Constitution and all other laws of the Empire, to consecrate myself to the service of the nation, and to perform the duties of my office conscientiously and to the best of my ability. So help me God."

(In case of affirmation, the last sentence will be omitted)

Section 2. Notwithstanding any dissolution of the Senate or the Chamber of Deputies, whether by effluxion of time or otherwise:
(a) every person who at the date of the dissolution is a member of the body concerned shall remain a member thereof;
(b) the said body shall remain competent to perform its functions; and
(c) the Emperor shall have power to summon the General Assembly for the dispatch of business,

during the period following such dissolution up to and including the day immediately preceding the polling day for the election held in pursuance of such dissolution, in the same manner in all respects as if the dissolution had not occurred.

Section 3. No one may serve as a senator and a deputy simultaneously. A member of the Senate who is elected as a member of the Chamber of Deputies shall vacate his seat as a senator with effect from the date on which he becomes a member of the Chamber of Deputies. A member of the Chamber of Deputies who is nominated as a senator shall vacate his seat as a deputy with effect from the date on which he becomes a member of the Senate.

Section 4. (1) No person shall be capable of being elected as a member of the Chamber of Deputies or of being nominated as a member of the Senate if he:
(a) has voluntarily acquired citizenship of a country other than Brazil or has made a declaration of allegiance to such a country; or
(b) has not completed secondary education or the equivalent; or
(c) is adjudged to be a lunatic or otherwise declared to be of unsound mind by a competent court; or
(d) is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in any part of the Empire; or
(e) is a member of the public service of the Empire or the public service of a province, a member of the armed forces, or the holder of any other office or emolument under the Empire; or
(f) is under a sentence of imprisonment exceeding six months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court.

(2) Members of the Council of Ministers shall not be construed as holding any office or emolument under the Empire for the purpose of this Section.

Section 5. If a senator or a deputy:
(a) becomes subject to any of the disabilities mentioned in the last preceding sub-section; or
(b) ceases to be qualified as required by law; or
(c) fails for a whole ordinary session to attend without the special leave of the Senate or the Chamber of Deputies, whichever the case may be;

his seat shall thereupon become vacant.

Section 6. If any person who is by law incapable of sitting as a senator or deputy shall, while so disqualified and knowing or having reasonable grounds for knowing that he is so disqualified, sit or vote as a member of the Senate or the Chamber of Deputies, he shall be liable to a penalty of five hundred reais for each day on which he shall so sit or vote, to be recovered on behalf of the Treasury of the Empire by action of the Supreme Court of Justice.

Section 7. Senators and deputies shall, unless otherwise provided by law, receive an annual compensation of fifty thousand reais each, including per diems and other emoluments or allowances and exclusive only of traveling expenses to and from their respective constituencies in the case of deputies, and to and from their places of residence in the case of senators, when attending sessions of the General Assembly. No increase in said compensation shall take effect until after the expiration of the full term of all the members of the Senate and of the Chamber of Deputies approving such increase. Until otherwise provided by law, the President of the Senate and the President of the Chamber of Deputies shall each receive an annual compensation of seventy-five thousand reais.

Section 8. All senators and deputies shall, upon assumption of office, make a full disclosure of their financial and business interests. They shall notify the chamber concerned of a potential conflict of interest that may arise from the filing of a proposed legislation of which they are authors.

Section 9. A senator or deputy shall, in all cases except treason, felony, and breach of the peace, be privileged from arrest while the General Assembly is in session. No member shall be questioned nor be held liable in any other place for any speech or debate in the General Assembly or in any committee thereof.

Section 10. No senator or deputy shall directly or indirectly be financially interested in any contract with the government or any subdivision or instrumentality thereof, or in any franchise or special privilege granted by the General Assembly during his term of office. He shall not appear as counsel before court in any civil case wherein the government or any subdivision or instrumentality thereof is the adverse party, or in any criminal case wherein an officer or employee of the government is accused of an offense committed in relation to his office, or collect any fee for his appearance in any administrative proceedings; or accept employment to intervene in any cause or matter where he may be called upon to act on account of his office.

Section 11. (1) A majority of each chamber shall constitute a quorum to do business, but a smaller number may adjourn from day to day and may compel the attendance of absent members in such manner, and under such penalties, as such chamber may provide.

(2) Each chamber may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds of all its members, suspend or expel a member. A penalty of suspension, when imposed, shall not exceed forty-five days. The senators referred to in paragraph (b) of Section (1) of Part II of this chapter may not be expelled unless they become subject to any of the disabilities mentioned in Section 4.

(3) Each chamber shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may, in its judgment, affect national security; and the yeas and nays on any question shall, at the request of one-fifth of the members present, be entered in the journal. Each chamber shall also keep a record of its proceedings.

(4) If a joint sitting of the Senate and the Chamber of Deputies is required, it shall be convened by the Prime Minister by message to the Senate and to the Chamber of Deputies.

(5) At any joint sitting referred to in subsection (4) the President of the Chamber of Deputies shall preside and the rules of the Chamber of Deputies shall, as far as practicable, apply.

(6) Neither chamber during the sessions of the General Assembly shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two chambers shall be sitting.

Section 12. There shall be a question hour at least once a month or as often as the rules of the General Assembly may provide, which shall be included in its agenda, during which the Prime Minister or any Minister may be required to appear and answer questions and interpellations by members of the General Assembly. Written questions shall be submitted to the President of the Chamber of Deputies at least three days before a scheduled question hour. Interpellations shall not be limited to the written questions, but may cover matters related thereto. The agenda shall specify the subjects of the question hour. When the security of the state so requires and the Prime Minister so states in writing, the question hour shall be conducted in executive session.

Section 13. The Senate or the Chamber of Deputies or any of its respective committees may conduct inquiries in aid of legislation in accordance with its duly published rules of procedure. The rights of persons appearing in, or affected by, such inquiries shall be respected.

Section 14. The Emperor shall address the General Assembly at the opening of its regular session. He may also appear before it at any other time.

[edit] Part V: Powers of the General Assembly

Section 1. All appropriation, revenue or tariff bills, bills authorizing increase of the public debt, bills of local application, and private bills, shall originate exclusively in the Chamber of Deputies, but the Senate may propose or concur with amendments.

Section 2. (1) The General Assembly may not increase the appropriations recommended by the Prime Minister for the operation of the Government as specified in the budget. The form, content, and manner of preparation of the budget shall be prescribed by law.

(2) No provision or enactment shall be embraced in the general appropriations bill unless it relates specifically to some particular appropriation therein. Any such provision or enactment shall be limited in its operation to the appropriation to which it relates.

(3) The procedure in approving appropriations for the General Assembly shall strictly follow the procedure for approving appropriations for other departments and agencies.

(4) A special appropriations bill shall specify the purpose for which it is intended, and shall be supported by funds actually available as certified by the Minister of Finance and Taxation, or to be raised by a corresponding revenue proposal therein.

(5) No law shall be passed authorizing any transfer of appropriations.

(6) Discretionary funds appropriated for particular officials shall be disbursed only for public purposes to be supported by appropriate vouchers and subject to such guidelines as may be prescribed by law.

(7) If, by the end of any fiscal year, the General Assembly shall have failed to pass the general appropriations bill for the ensuing fiscal year, the general appropriations law for the preceding fiscal year shall be deemed re-enacted and shall remain in force and effect until the general appropriations bill is passed by the General Assembly.

Section 3. (1) No money shall be paid out of the Treasury except in pursuance of an appropriation made by law.

(2) All money collected on any tax levied for a special purpose shall be treated as a special fund and paid out for such purpose only. If the purpose for which a special fund was created has been fulfilled or abandoned, the balance, if any, shall be transferred to the general funds of the government.

Section 4. (1) The General Assembly, by a vote of two-thirds of both chambers in joint session assembled, voting separately, shall have the sole power to declare the existence of a state of war, except for under the circumstances mentioned in subsection (3).

(2) In times of war or other national emergency, the General Assembly may, by law, authorize the Emperor, for a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn by resolution of the General Assembly, such powers shall cease upon the next adjournment thereof.

(3) In the case of aggression against Brazil or imminent invasion thereof, the Emperor shall declare a state of war and order a general mobilization without waiting for a resolution of the General Assembly, but only if the public safety warrants it.

Section 5. The Senate shall have the sole power to approve treaties and international agreements. No such treaty or international agreement shall come into effect unless concurred in by at least two-thirds of the total membership of the Senate.

Section 6. The General Assembly shall have power:
(a) to lay and collect taxes, duties, imposts, and excises for revenue, necessary to pay the debts, provide for the common defense, and carry on the government of the Empire;
(b) to borrow money on the credit of the Empire;
(c) to regulate commerce with foreign nations;
(d) to establish uniform laws of naturalization throughout the Empire;
(e) to establish uniform laws on the subject of bankruptcies throughout the Empire; but no law of the General Assembly shall discharge any debt contracted before the passage of the same;
(f) to coin money and regulate the value thereof; but the General Assembly may not make anything but gold and silver coin legal tender;
(g) to provide for the punishment of counterfeiting the securities and current coin of the Empire;
(h) to fix the standard of weights and measures;
(i) to make rules for the government and regulation of the armed forces;
(j) to grant letters of marque and reprisal and make rules concerning captures on land, water, and in the air;
(k) to allow or deny the transit of foreign military forces in Brazil;
(l) to exercise the oversight and supervision of all credit institutions and organizations that operate with public money;
(m) to enter into contracts for service delivery and implementation of public works and for purposes of general interest;
(n) to grant amnesties or pardons for political crimes, and to rehabilitate under the law citizens whose political rights are suspended;
(o) to register ships and aircraft as Brazilian in accordance with the law;
(p) to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;
(q) to finance and administer railways, highways, ports, harbors, airports, and roads; but neither this nor any part of the Constitution shall be construed to prevent the operation or ownership of railways, highways, ports, harbors, airports, or roads by the private sector or by provincial or local governments;
(r) to establish post offices and post routes, provided that the expenses of postal departments shall be paid out of their own revenues, and provided further that no law shall be passed preventing the private sector or provincial or local governments from establishing and maintaining post offices and postal routes of their own;
(s) to provide invalid and old age pensions, maternity allowances, widows' pensions, child endowment, unemployment, pharmaceutical, sickness, and hospital benefits, medical and dental services, benefits to students, and family allowances to citizens of Brazil who are unable, by reason of disability or poverty, to provide these things for themselves; but neither this nor any part of the Constitution shall be construed to prevent private charities or provincial governments from providing the same;
(t) to provide financial or technical assistance to the agricultural sector; but no law shall be passed preventing private charities or provincial governments from providing the same;
(u) to finance and administer schools and other educational facilities and regulate the curricula, administration, and other rules thereof; neither this nor any part of the Constitution shall be construed to prevent the establishment of private educational facilities, or to prevent provincial and local governments from establishing and maintaining schools and other educational facilities, provided that provincial and local schools receiving government funding from any source conform to the educational standards established by the General Assembly;
(v) to establish environmental and labor standards to which private enterprises must conform;
(w) to establish public health programs for the purpose of preventing or controlling the spread of infectious diseases;
(x) to regulate the acquisition, use, and sale of natural resources;
(y) to exercise any other functions or attributions granted to it by the Constitution.

Section 7. (1) No bill shall become law unless the Emperor has assented thereto and has signed it in token of such assent.

(2) A bill shall be presented to the Emperor for assent when it has been duly passed by both chambers of the General Assembly, subject always to compliance with any other requirements of this Constitution that apply to such bill.

(3) When a bill is presented to the Emperor for assent he shall declare, subject to the law and constitutional convention, that he assents or refuses assent thereto.

(4) If the Emperor refuses to assent to the bill, he shall return it, with his objections, to the chamber in which it originated for reconsideration. If, after such reconsideration, two-thirds of the members of such chamber shall agree to pass the bill, it shall be sent, together with the Emperor's objections, to the other chamber by which it shall likewise be reconsidered, and if approved by two-thirds of the members of that chamber, it shall be returned to the Emperor, who shall assent to the bill or propose to the Supreme Court of Justice to declare the bill unconstitutional. If the Supreme Court of Justice declares the bill constitutional, the Emperor must assent to it.

(5) All bills assented to by the Emperor shall become law and shall take effect ten days after receiving assent, unless the law itself provides otherwise.

(6) Every bill signed by the Emperor shall require the counter-signature of at least one member of the Council of Ministers before it can come into effect.

[edit] Chapter IX
The Judiciary

Section 1. Judicial power in the Empire shall be vested in the Supreme Court of Justice, hereinafter referred to as the Supreme Court.

Section 2. The judiciary shall at all times be independent of the executive and the legislature. Magistrates shall be subject only to their consciences and to this Constitution in the performance of their duties.

Section 3. The Supreme Court shall be composed of eleven magistrates, appointed by the Emperor acting on the advice of the Council of State.

Section 4. No person shall be qualified for membership in the Supreme Court unless he is a natural-born citizen of Brazil. A member of the Supreme Court must be at least forty years of age, and must have been for fifteen years or more, a judge of a lower court or engaged in the practice of law in Brazil. Members of the Supreme Court must be of proven competence, integrity, probity, and independence.

Section 5. (1) Members of the Supreme Court shall hold office during good behavior, and may be removed from office only for inability to discharge the functions of his office, whether arising from infirmity of body or mind or any other cause, or for misbehavior and shall not be so removed unless the question of the removal of that judge from office has been referred to an independent tribunal and that tribunal has recommended that the judge be removed from office for inability as aforesaid or misbehavior.

(2) A tribunal referred to in sub-section (1) shall consist of fifteen members appointed by the General Assembly. No person shall be qualified to hold membership in the tribunal unless he is, and has been for not less than ten years, qualified to practice law in Brazil.

(3) A tribunal appointed in terms of sub-section (1) shall inquire into the matter and and report on the facts thereof to the General Assembly, and recommend to the relevant authority whether or not the judge concerned should be removed from office.

Section 6. (1) The Supreme Court shall have power:
(a) to exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus;
(b) to review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the rules of court may provide, final judgments and orders of lower courts in:
(i) all cases in which the constitutionality or validity of any treaty, international or executive agreement, law, royal decree, proclamation, order, instruction, ordinance, or regulation is in question;
(ii) all cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto;
(iii) all cases in which the jurisdiction of any lower court is in issue;
(iv) all criminal cases in which the penalty imposed is reclusion perpetua or higher; and
(v) all cases in which only an error or question of law is involved.
(c) to temporarily assign judges of lower courts to other stations as public interest may require; but such temporary assignment shall not exceed six months without the consent of the judge concerned;
(d) to order a change of venue or place of trial to avoid a miscarriage of justice;
(e) to appoint all officials and employees of the Supreme Court in accordance with the Civil Service Law; and
(e) to promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the integrated bar, and legal assistance to the under-privileged. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights. Rules of procedure of special courts shall remain effective unless disapproved by the Supreme Court.

(2) The Supreme Court shall have administrative supervision over all courts and the personnel thereof.

(3) No decision shall be rendered by the Supreme Court without expressing therein clearly and distinctly the facts and the law on which it is based.

(4) No petition for review or motion for reconsideration of a decision of the Supreme Court shall be refused due course or denied without stating the legal basis therefor.

(5) Any federal, provincial, or local law declared unconstitutional by the Supreme Court shall, from the date of its declaration of unconstitutionality, be null and void.

Section 7. (1) The Supreme Court shall, before proceeding to the dispatch of any other business, choose a member of the Supreme Court to be its President.

(2) The President of the Supreme Court shall hold that position for two years and shall, on termination of his period of office, be ineligible to re-election as President.

(3) Prior to or during the absence of the President of the Supreme Court, the Supreme Court may choose a member to perform his duties in his absence.

Section 8. All questions in the Supreme Court shall be determined by a majority of votes of members present other than the President, who shall, however, have and exercise a casting vote in the case of an equality of votes.

Section 9. The salary of members of the Supreme Court shall be fixed by law. During their continuance in office, their salary shall not be increased nor diminished.

Section 10. The Supreme Court shall, within thirty days from the opening of each session of the General Assembly, submit to the Council of Ministers and the General Assembly an annual report on the operations and activities of the Court.

[edit] Chapter X
Amendment and Ratification of the Constitution

Section 1. This Constitution shall take effect immediately upon its ratification by a majority of the votes cast in a plebiscite held for the purpose and shall supersede all previous Constitutions. All existing laws not inconsistent with this Constitution shall remain operative until amended, modified, or repealed.

Section 2. (1) Only the General Assembly shall have power to amend this Constitution. Any amendments to the Constitution shall require, for their adoption, a majority vote of not less than two-thirds of the members of both chambers of the General Assembly.

(2) No Section of Chapter IV may be amended or repealed in any way, shape, or form.