Constitution of the Empire of Brazil
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Contents |
Chapter
The General Assembly
The General Assembly
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. After any general election the General Assembly shall be summoned to meet not later than thirty days and not sooner than fifteen days after the day appointed for the return of the writs.
Section 4. 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.
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. (1) 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.
(2) Upon assuming office, each senator referred to in paragraph (b) of Section (1) shall cease to be a member of any political party, and shall be ineligible for membership in any political party so long as he holds his seat in the Senate.
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.
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.
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.
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, as 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.
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.
(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, on the advice of the Council of Ministers, 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; but no capitation or other direct tax shall be laid, unless in proportion to the census or enumeration hereinbefore directed to be taken.
(b) To borrow money on the credit of the Empire.
(c) To regulate commerce with foreign nations.
(d) To establish uniform laws of naturalization, and 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.
(e) To coin money and regulate the value thereof; but the General Assembly may make anything but gold and silver coin legal tender.
(f) To provide for the punishment of counterfeiting the securities and current coin of the Empire.
(g) To fix the standard of weights and measures.
(h) To grant the Prime Minister, Ministers, and Deputy Ministers permission to leave the country.
(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 credit institutions, and organizations that operate with money or other public property.
(m) To enter into contracts under the Constitution and the laws 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.
(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 participation of the private sector in establishing and maintaining post offices and postal routes of its 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 the private sector or provincial governments from providing the same.
(t) To provide subsidies or technical assistance to the agricultural sector.
(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 provincial and local schools receiving government funding from any source conform to the educational standards established by the General Assembly.
(v) To exercise any other functions or attributions granted by the Constitution or delegated to it by the provincial governments.
Chapter III Council of State
Article 144 Definition The Council of State is the political advisory body of the President of the Republic.
Article 145 Membership The Council of State is presided over by the President of the Republic and comprises the following members: a) The President of the Assembly of the Republic; b) The Prime Minister; c) The President of the Constitutional Court; d) The Ombudsman; e) The Chairmen of the regional governments; f) The former presidents of the Republic elected under the Constitution and who were not removed from office; g) Five citizens appointed by the President of the Republic for the period corresponding to his term of office; h) Five citizens elected by the Assembly of the Republic in accordance with the principle of proportional representation for the period corresponding to the duration of the legislative period.
Article 146 Induction and Term of Office
(1) The members of the Council of State are inducted by the President of the Republic. (2) The Members of the Council of State mentioned in Article 145 (a) to (e) perform their duties as long as they hold the respective offices. (3) The members of the Council of State mentioned in Article 145 (g) and (h) continue to perform their duties until the induction of those replacing them in the respective offices.
Article 147 Organization and Functioning
(1) It is the duty of the Council of State to draw up its own rules of procedure. (2) The meetings of the Council of State are not public.
Article 148 Powers The Council of State has the powers to: a) State its opinion on the dissolution of the Assembly of the Republic and the organs of self-government of the autonomous regions; b) State its opinion on the dismissal of the Government under the circumstances mentioned in Article 198 (2); c) State its opinion on the appointment and dismissal of the Ministers for the Republic for the autonomous regions; d) State its opinion on declaration of war or the making of peace; e) State its opinion on the acts of the President of the Republic ad interim mentioned in Article 142; f) State its opinion on all other cases provided for in the Constitution and, in general, advise the President of the Republic on the exercise of his or her functions upon request of the latter.
Article 149 Giving of Opinions The opinions of the Council of State mentioned in Article 148 (a) to (e) are to be given at the meeting called for the purpose by the President of the Republic and made public at the time the acts they refer to are performed.
