Constitution of the Oriental Republic of Uruguay, 1951
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Contents |
CONSTITUTION
OF THE ORIENTAL
REPUBLIC OF URUGUAY
OF THE ORIENTAL
REPUBLIC OF URUGUAY
SECTION I
The Nation and Its Sovereignty
The Nation and Its Sovereignty
Article 1. The Oriental Republic of Uruguay is the political association of all inhabitants included within its territory.
Article 2. It is and always shall be free and independent of any foreign power.
Article 3. It shall never be the patrimony of any person or of any family.
Article 4. Sovereignty to its full extent resides fundamentally in the Nation, which has the exclusive authority to enact its laws in the manner which will be hereinafter set forth.
Article 5. All religious sects are free in Uruguay. The State supports no religion whatever. It recognizes the right of the Catholic Church to ownership of all temples which have been built wholly or partly from funds of the National Treasury, with the sole exception of chapels dedicated for use by asylums, hospitals, prisons, or other public establishments. It likewise declares exempt from all forms of taxes the temples dedicated to worship by the various religious sects.
Article 6. In international treaties which the Republic may conclude there shall be proposed a clause to the effect that all differences which may arise between the contracting parties shall be settled by arbitration or other peaceful means.
SECTION II
Rights, Duties and Guarantees
Rights, Duties and Guarantees
Article 7. The inhabitants of the Republic have the right of protection in the enjoyment of life, honor, liberty, security, labor, and property. No one may be deprived of these rights except in conformity with laws which may be enacted for reasons of general interest.
Article 8. All persons are equal before the law, no other distinctions being recognized among them save those of talent and virtue.
Article 9. The establishment of primogenital entailments is prohibited.
No authority of the Republic may grant any title of nobility or hereditary honors or distinctions.
Article 10. Private actions of persons which do not in any way affect the public order or prejudice others shall be outside the jurisdiction of the magistrates.
No inhabitant of the Republic shall be obliged to do what the law does not require, or prevented from doing what it does not prohibit.
Article 11. The sanctity of the home is inviolable. No one may enter it by night without the consent of its master, and by day only at the express order of a competent judge, in writing, and in cases determined by law.
Article 12. No one may be punished or imprisoned without due process of law and a legal sentence.
Article 13. Ordinary law may establish trial by jury in criminal cases.
Article 14. The penalty of confiscation of property may not be imposed for reasons of a political nature.
Article 15. No one may be arrested except in cases of flagrante delicto or by written order of a competent judge based on reasonable grounds.
Article 16. In any of the cases contemplated in the preceding article, the judge, under the gravest responsibility, shall take the declaration of the person under arrest within twenty-four hours and shall begin the summary process within forty-eight hours at the most. The declaration of the accused must be taken in the presence of his defender. The latter shall also have the right to attend all summary hearings.
Article 17. In the event of unlawful detention, the interested party or any other person may apply to the competent judge for a writ of habeas corpus to the end that the detaining authority shall immediately explain and justify the legal grounds for such detention, the decision of the aforementioned judge being final.
Article 18. The laws shall establish the procedure and formalities of trials.
Article 19. Trials by commission are prohibited.
Article 20. The taking of an oath by the accused in making a declaration or confession regarding his own acts is abolished; and it is prohibited that the accused shall be treated as a criminal.
Article 21. Criminal trials in absentia are likewise abolished. The law shall make suitable provision to this effect.
Article 22. Every criminal trial shall begin with an accusation by a complaining witness, or by the public prosecutor, secret examinations being abolished.
Article 23. All judges are responsible before the law for the slightest infringement of the rights of individuals as well as for deviation from the established order of procedure in that respect.
Article 24. The State, the Departmental Governments, the Autonomous Entities, the Decentralized Services, and in general any agency of the State, shall be civilly liable for injury caused to third parties, in the performance of public services, entrusted to their action or direction.
Article 25. Whenever the injury has been caused by their officials, in the performance of their duties or by reason of such performance, in the event they have been guilty of gross negligence or fraud, the corresponding public agency may reclaim from them whatever has been paid as compensation.
Article 26. The death penalty shall not be applied to anyone.
In no case shall prisons be permitted to use brutal treatment; they shall be used only as a means of assuring that convicts and prisoners are reeducated, acquire an aptitude for work, and become rehabilitated.
Article 27. In any stage of a criminal trial which will not result in a penitentiary sentence, judges may place the accused at liberty, under a bond as determined by law.
Article 28. The papers of private individuals, their correspondence, whether epistolary, telegraphic, or of any other nature, are inviolable, and they may never be searched, examined, or intercepted except in conformity with laws which may be enacted for reasons of public interest.
Article 29. The expression of opinion on any subject by word of mouth, private writing, publication in the press, or by any other method of dissemination is entirely free, without prior censorship; but the author, printed or publisher as the case may be, may be held liable, in accordance with law, for abuses which they may commit.
Article 30. Every inhabitant has the right of petition to all or any of the authorities of the Republic.
Article 31. Individual security may not be suspended except with the consent of the General Assembly or, during its recess, the Permanent Commission and in the event of an extraordinary case of treason or conspiracy against the country; and even then such suspension may be used only for the apprehension of the guilty parties, without prejudice to the provisions of section 17 of Article 168.
Article 32. The right of property is inviolable, but is subject to the provisions of laws which may be enacted for reasons of general interest.
No one may be deprived of his property rights except in case of public necessity or utility established by law, and in such cases the National Treasury shall always pay just compensation in advance.
Whenever expropriation is ordered for reasons of public necessity or utility, the property owners may be indemnified for loss or damages they may suffer on account of delay, whether the expropriation is actually carried out or not.
Article 33. Intellectual property, the rights of authors, inventors, or artists shall be recognized and protected by law.
Article 34. All the artistic or historical wealth of the country, whoever may be its owner, constitutes the cultural treasure of the Nation; it shall be placed under the protection of the State and the law shall establish what is deemed necessary for such protection.
Article 35. No one shall be compelled to render aid of any kind to the army, or to permit his house to be used for the billeting of troops except by order of a civil magistrate according to law, and in such cases he shall receive from the Republic indemnification for loss that may be incurred.
Article 36. Every person may engage in labor, farming, industry, commerce, a profession, or any other lawful activity, save for the limitations imposed by general interest which the law may enact.
Article 37. The entry of any person into the Republic, his residence therein, and his departure with his property, are free, if he obeys the laws, except in cases of prejudice to third parties.
Immigration shall be regulated by law, but in no case shall an immigrant be admitted who has physical, mental, or moral defects which may injure society.
Article 38. The right of peaceful and unarmed public meetings is guaranteed. The exercise of this right may not be denied by any authority of the Republic except in accordance with law, and only insofar as such exercise may prejudice public health, safety or order.
Article 39. All persons have the right to form associations, for any purpose whatsoever, provided they do not form an association which the law has declared unlawful.
Article 40. The State shall safeguard the social development of the family.
Article 41. The care and education of children, so that they may attain their fullest physical, intellectual, and social capacity, is the duty and the right of parents. Those who have large families to support are entitled to compensatory aid if they need it.
The law shall provide the necessary measures for the protection of infancy and youth against physical, intellectual, or moral neglect by their parents or guardians, as well as against exploitation and abuse.
Article 42. Parents have the same duties toward children born outside of wedlock as toward children born within it.
Maternity, regardless of the condition or circumstances of the mother, is entitled to the protection of society and to its assistance in case of destitution.
Article 43. The law shall provide that juvenile delinquency shall be dealt with under a special system in which women will be allowed to participate.
Article 44. The State shall legislate on all quetions connected with public health and hygiene, endeavoring to attain the physical, moral, and social improvement of all inhabitants of the country.
It is the duty of all inhabitants to take care of their health as well as to receive treatment in case of illness. The State will provide gratis the means of prevention and treatment to both indigents and those lacking sufficient means.
Article 45. The law shall promote hygienic and economical housing for workers, by sponsoring the construction of housing and communities which meet these conditions.
Article 46. The State shall give asylum to indigent persons or those lacking sufficient means who, because of chronic physical or mental inferiority, may be incapacitated for work.
Article 47. The State shall combat social vices by means of the law and international conventions.
Article 48. The right of inheritance is guaranteed within the limits established by law. Lineal ascendants and descendants shall have preferential treatment in the laws regarding taxation.
Article 49. The "family property" (bien de familia), its constitution, conservation, enjoyment, and transmission shall be protected by special legislation.
Article 50. Every commercial or industrial organization in the form of a trust shall be subject to control by the State.
Article 51. The establishment and enforcement of rates for public services operated by firms holding concessions shall be conditioned upon their approval by the State or Departmental Governments, as the case may be.
The concessions to which this article refers may in no case be granted in perpetuity.
Article 52. Usury is prohibited. The law fixing a maximum limit on interest rates on loans is of a public character. This law will fix the penalties to be applied to offenders thereunder.
No one may be deprived of his liberty for debts.
Article 53. Labor is under the special protection of the law.
It is the duty of every inhabitant of the Republic, without prejudice to his freedom, to apply his intellectual or physical energies in a manner which will redound to the benefit of the community, which will endeavor to afford him, with preference to citizens, the possibility of earning his livelihood through the development of some economic activity.
Article 54. The law must recognize the right of every person, performing labor or services as a worker or employee, to independence of moral and civic consciousness; just renumeration; limitation of the working day; a weekly day of rest; and physical and moral health.
The labor of women and of minors under eighteen years of age shall be specially regulated and limited.
Article 55. The law shall regulate the impartial and equitable distribution of labor.
Article 56. Every enterprise, the nature of which requires that the personnel reside on the premises, shall be obliged to provide adequate food and lodging in accordance with conditions which the law may establish.
Article 57. The law shall promote the organization of trade unions, according them charters and issuing regulations for their recognition as juridical persons.
It shall likewise promote the creation of tribunals of conciliation and arbitration.
The strike is declared to be a right of trade unions. Regulations shall be made governing its exercise and effect, on that basis.
Article 58. Public officials are in the service of the Nation and not of a political party. Any activity alien to their duties is prohibited and political propaganda (proselitismo) on their part, at their offices or during office hours, shall be considered unlawful.
They may not organize groups for propaganda purposes by using the name of public agencies or any connection their positions may bear to membership in such organizations.
Article 59. The law shall establish civil service regulations (Estatuto del Funcionario) on the fundamental basis that the official exists for the office and not the office for the official.
Its principles shall apply to subordinate officials:
A) of the Executive Power, with the exception of the military, police and diplomatic officials, who shall be governed by special laws;
B) of the Judicial Power and of the Contentious-Administrative Tribunal except with respect to judgeships;
C) of the Tribunal of Accounts;
D) of the Electoral Court and its agencies, without prejudice to regulations enacted for the control of political parties;
E) of the Decentralized Services, without prejudice to whatever may be provided in special laws covering the diverse nature of their functions.
Article 60. An administrative career service is established for officials covered by the budget of the central administration, who are declared to have permanent status, without prejudice to provisions of law that may be enacted on the subject by an absolute majority of the votes of the full mebership of each Chamber or under the third paragraph of this article.
They may be dismissed only in accordance with rules established by this Constitution.
Officials who are political in character or who have duties of personal trust (de particular confianza) are not included if given such character by law approved by an absolute majority of votes of the full membership of each Chamber, and they shall be appointed and are subject to dismissal by the appropriate administrative organ.
Article 61. The civil service regulations (Estatuto del Funcionario) shall establish the conditions for admission for career officials and shall regulate the right to permanent status, advancement, weekly days of rest, and the system of annual and sick leave; grounds for suspension or transfer; their official duties; and administrative recourses against rulings that may affect them, without prejudice to the provisions of Section XVII.
Article 62. The Departmental Governments shall adopt these regulations (Estatuto) for their officials in accordance with the rules set forth in the preceding articles, and until this is done the provisions established by law governing public officials shall apply.
To grant permanent status to their officials and to establish positions that are political or of personal trust shall require the approval of three fifths of the membership of a Departmental Board (Junta Departamental).
Article 63. Within one year following the promulgation of this Constitution, the Autonomous Entities shall adopt civil service regulations for their officials, such regulations to be subject to the approval of the National Council of Government.
These regulations shall contain provisions designed to ensure normal operation of the services and the guarantees established in the preceding article for public officials, insofar as they can be reconciled with the specific purposes of each Autonomous Entity.
Article 64. By a two-thirds vote of the total membership of each Chamber, the law may establish special regulations which, by their general scope or nature, may be applicable to the officials of all Departmental Governments and all Autonomous Entities, or only to certain ones, as the case may be.
Article 65. The law may authorize the organization of representative personnel committees within the Autonomous Entities, for purposes of collaboration with their directors in the enforcement of the regulations, study of budgetary requirements, organization of the services, labor regulations and the application of disciplinary measures.
In public services administered directly or by concession holders, the law provide for the formation of competent organs to hear disputes between authorities of the services and their employees; and to consider methods and procedures to be used by the public authority to maintain continuity of service.
Article 66. No parliamentary or administrative investigation of irregularities, neglect, or malfeasance shall be considered as completed until the accused official has had an opportunity to submit his answer and to present his defense.
Article 67. The general retirement and social security funds shall be organized in such a way as to guarantee to all workers, employers, employees, and laborers adequate retirement pensions and subsidies in case of accident, sickness, disability, enforced unemployment, etc.; and in case of death, the corresponding pension to their families. The old age pension is the right of those who have reached the limit of their productive age, after long residence in the country, and who lack the means to provide for the necessities of life.
Article 68. Freedom of education is guaranteed.
The law shall regulate state intervention for the sole purpose of maintaining hygiene, morality, safety and public order.
Every parent or guardian has the right to select the teachers or institutions he desires for the education of his children or wards.
Article 69. Private educational institutions which give free classes to a number of students, in accordance with regulations which the law shall prescribe, and cultural institutions, shall be exempted from national and municipal taxes as a subsidy for their services.
Article 70. Primary education is compulsory.
The State will make the necessary provisions for its accomplishment.
Article 71. Free official primary, intermediate, advanced, industrial, artistic, and physical education is declared to be of social utility, as well as the creation of scholarships for continued study and specialization in cultural, scientific and occupational fields, and the establishment of public libraries.
In all educational institutions special attention shall be paid to the formation of the moral and civic character of students.
Article 72. The enumeration of rights, duties, and guarantees made in this Constitution does not exclude others which are inherent in human beings or which are derived from a republican form of government.
SECTION III
Citizenship and Suffrage
Citizenship and Suffrage
Article 73. Citizens of the Oriental Republic of Uruguay are natural or legal.
Article 74. All men and women born at any place within the territory of the Republic are natural citizens. Children of Uruguayan fathers or mothers are also natural citizens, wherever they may have been born, provided that they take up residence in the country and register themselves in the Civil Register.
Article 75. The following have the right to legal citizenship:
A) Foreign men and women of good conduct, and having a family within the Republic, who possess some capital or property in the country, or are engaged in some profession, craft, or industry, and have resided habitually in the Republic for three years;
B) Foreign men and women of good conduct, without families in the Republic, who possess any of the qualifications mentioned in the preceding paragraph and who have resided habitually in the country for five years;
C) Foreign men and women who obtain special courtesy from the General Assembly for noteworthy service or outstanding merit.
Proof of residence must necessarily be based on a public or private document of proven date.
The rights appertaining to legal citizenship may not be exercised by foreigners included in paragraph (A) and (B) until three years after the issuance of the respective citizenship papers.
The existence of any of the grounds for suspension referred to in Article 80 shall bar the granting of citizenship papers.
Article 76. Any citizen may hold public employment: Legal citizens may not be appointed until three years after obtaining citizenship papers.
Citizenship shall not be required for a position as professor in institutions of higher learning.
Article 77. Every citizen is a member of the sovereignty of the Nation; as such he is a voter and eligible for election in the cases and in accordance with the procedure which will be set forth.
Suffrage shall be exercised in the manner determined by law, but on the following bases:
