Constitution of Brazil

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Chapter 3: National Congress

Composition of the National Congress

20. The legislative power of Brazil is vested in the National Congress, which shall consist of the Chamber of Deputies and the Chamber of Senators.

21. (1) The Chamber of Deputies shall consist of 500 members elected for plurinominal constituencies that shall be geographically defined by law. The law shall lay down the nature and complementarity thereof in such a way as to ensure that votes are converted into seats in accordance with the proportional representation system and using the D'Hondt method.

(2) The number of members for each constituency 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. 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) Members shall serve for a term of office of four years, unless the Chamber of Deputies is sooner dissolved by the President.

(7) Members shall represent the whole country and not the constituencies for which they are elected.

22. (1) The Chamber of Senators shall be composed of representatives of the states and of the Federal District, elected by a majority vote.

(2) Each state and the Federal District shall elect three Senators for a term of office of eight years.

(3) One-third and two-thirds of the representation of each state and of the Federal District shall be renewed every four years, alternately.

(4) Former Presidents of Brazil shall be Senators by right for life without prejudice that incompatibilities, incapacities and grounds for suspension may be applied.

Powers of the National Congress

48. The National Congress shall have the power, with the sanction of the President of the Republic, which shall not be required for the matters specified in articles 49, 51 and 52, to provide for all the matters within the competence of the Union and especially on:
(i) taxation;
(ii) pluriannual plan, budgetary directives, annual budget, credit transactions, public debt and issuance of currency;
(iii) establishment and modification of Armed Forces troops;
(iv) national, regional, and sectorial plans and programs of development;
(v) boundaries of the national territory, air and maritime space and property of the Union;
(vi) incorporation, subdivision or dismemberment of areas of territories or states, after consulting with the respective Legislative Assembly;
(vii) administrative and judicial organization of the Public Prosecution and the Public Legal Defense of the Union and of the territories, and judicial organization of the Public Prosecution and the Public Legal Defense of the Federal District;
(viii) establishment, transformation and extinction of public offices, positions and functions;
(ix) establishment and extinction of Ministries and bodies of public administration;
(x) financial, foreign exchange and monetary matters, financial institutions and their operations; and
(xi) currency, currency issuance limits, and amount of federal indebtedness.

49. is exclusively the competence of the National Congress:
(i) to authorize the President of the Republic to declare war, to make peace and to permit foreign forces to pass through the national territory or remain therein temporarily, with the exception of the cases provided by a supplementary law;
(ii) to authorize the President and the Vice-President of the Republic to leave the country, when such absence exceeds fifteen days;
(iii) to approve a state of defense and federal intervention, authorize a state of siege or suspend any of these measures;
(iv) to stop the normative acts of the Executive Power which exceed their regimental authority or the limits of legislative delegation;
(v) to transfer its seat temporarily;
(vi)

23. The National Congress shall meet twice every year, from February 2 to July 17 and again from August 1 to December 2. If sessions scheduled for these dates fall on a Saturday, a Sunday, or a public holiday, they shall be transferred to the subsequent workday. The National Congress may recess for periods not exceeding thirty days each, and not more than ninety days during the year. However, it may be called to session at any time by the President to consider such subjects or legislation as he may designate.

24. (1) Each chamber of the National Congress shall elect its President and such other officers as it may deem necessary, by a majority vote of all its respective members.

(2) The President of the Chamber of Deputies shall preside over the deliberations of the Chamber of Deputies and the President of the Senate shall preside over the deliberations of the Senate. If a joint sitting of the two chambers is required, the President of the Chamber of Deputies shall preside.

(3) Each chamber shall determine the rules of its proceedings, punish its members for disorderly behavior, and