Constitution of Brazil
From Roach Busters
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 to provide for all the matters within the competence of the Union and especially on:
(i) taxation;
(ii) establishment and modification of Armed Forces troops;
(iii) national, regional and sectorial plans and programmes of development;
(iv) boundaries of the national territory, air and maritime space and property of the Union;
(v) incorporation, subdivision or dismemberment of areas of territories or states, after consulting with the respective Legislative Assembly;
(vi) temporary transference of the seat of the Federal Government;
(vii) granting of amnesty;
(viii) 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;
(ix) establishment, transformation and extinction of public offices, positions and functions;
(x) establishment and extinction of Ministries and bodies of public administration;
(xi) telecommunications and radio broadcasting;
(xii) financial, foreign exchange and monetary matters, financial institutions and their operations; and
(xiii) currency, currency issuance limits, and amount of federal indebtedness.
49. It 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 approve a state of defense and federal intervention, authorize a state of siege or suspend any of these measures;
(iii) to stop the normative acts of the Executive Power which exceed their regimental authority or the limits of legislative delegation;
(iv) to transfer its seat temporarily;
(v) to establish identical remuneration for Deputies and Senators;
(vi) to establish, for each fiscal year, the remuneration of the President and the Vice-President of the Republic and of the Ministers of State;
(vii) to examine each year the accounts rendered by the President of the Republic and to consider the reports on the execution of Government plans;
(viii) to supervise and control directly or through either of its Houses, the acts of the Executive Power, including those of the indirect administration;
(ix) to ensure the preservation of legislative competence in the face of the normative incumbency of the other Powers;
(x) to consider the acts of concession and renewal of concession of radio and television stations;
(xi) to approve initiatives of the Executive Power referring to nuclear activities;
(xii) to authorize a referendum and to call a plebiscite;
(xiii) to authorize, in Indian lands, the exploitation and use of hydric resources and the prospecting and mining of mineral resources;
(xiv) to give prior approval to the disposal or concession of public lands with an area of over two thousand and five hundred hectares;
(xv)
50. It is exclusively the competence of the Chamber of Deputies:
(i) to authorize, by two-thirds of its members, legal proceeding to be initiated against the President and the Vice-President of the Republic;
(ii) to issue a vote of no confidence against the Government or to defeat a confidence motion;
(iii) to introduce a money bill or a private bill;
(iv) to draw up its internal regulations; and
(v) to provide for its organization, functioning, police, creation, transformation or extinction of offices, positions and functions of its services, and the initiative of law for the establishment of their respective remuneration, taking into account the guidelines set forth in the law of budgetary directives.
51. It is exclusively the competence of the Chamber of Senators:
(i) to effect the legal proceeding and trial of the President and Vice-President of the Republic for crime of malversation;
(ii) to approve, by two-thirds of its members, treaties and other international agreements;
(iii) to authorize the President and the Vice-President of the Republic to leave the country, when such absence exceeds fifteen days;
(iv) to draw up its internal regulations; and
(v) to provide for its organization, functioning, police, creation, transformation or extinction of offices, positions and functions of its services, and the initiative of law for the establishment of their respective remuneration, taking into account the guidelines set forth in the law of budgetary directives.
The Chamber of Deputies and the Federal Senate, or any of their committees, may summon a Minister of State or any chief officers of agencies directly subordinate to the Presidency of the Republic to personally render information on a previously determined matter, and absence without adequate justification shall constitute a crime of malversation.
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
