Constitution of Brazil
From Roach Busters
Article. For the conduct of business corresponding to the executive branch there shall be Ministers of State. The law shall specify their number, their titles, and the departments of the administration corresponding to each.
Article. The Ministers of State in assembly form the Council of Ministers. Its organization and function are determined by law. The Council of Ministers has its President.
Article. The Emperor appoints and removes the President of the Council of Ministers. He appoints and removes the other Ministers, on the proposal and with the agreement, respectively, of the President of the Council of Ministers.
Article. The President of the Council of Ministers shall represent the Council. He shall preside over its meetings and sign the resolutions and communications of the Council together with the Minister or Ministers, and without such signature no one is compelled to obey them. However, the Council may provide that certain decisions shall take effect by a general act issued in accordance with the same requirements as the preceding.
Article. The decrees, orders, and rulings of the Emperor must be countersigned by the Ministers of State of the respective departments in order to be valid. Without this requirement they are null and void.
Article. To be a Minister of State a person must be a native-born _____, a citizen in the exercise of his rights, more than thirty years of age, a layman, and enjoy an excellent reputation for his integrity and knowledge of public affairs.
Article. The Ministers shall enjoy the same immunities and be subject to the same disqualifications and prohibitions as deputies and senators.
Article. The Council of Ministers shall meet regularly on the days and hours it may determine, and extraordinarily at any time by the decision of the President of the Council of Ministers or two of its members.
Article. The Council of Ministers shall be in session if at least five members are present. The President of the Council has the right to speak and to vote.
Any decision of the Council requires the affirmatory votes of the majority of its members.
Article. A discussion in the Council of Ministers may be terminated at any time by majority vote. The motion to this effect shall not be discussed.
Article. The Council of Ministers has a deliberative vote and a consultative vote in the cases specified by law.
Article. The powers and duties of the Ministers, in their respective portfolios and in accordance with the laws and regulations of the executive power, are as follows:
(1) To comply with and enforce the Constitution and the laws;
(2) To direct, in conformity with the general policy of the executive power, the subjects within the competence of their respective ministries;
(3) To formulate and submit to the consideration of the General Assembly such proposals for laws as they may deem appropriate;
(4) To effect, within the limits of their functions, the payment of recognized debts of the State;
(5) To grant leaves of absence to the employees of their departments;
(6) To propose the appointment or discharge of employees of their divisions;
(7) To supervise administrative functions and adopt the necessary measures for their proper conduct, and to impose disciplinary penalties; and
(8) To sign and communicate the resolutions of the executive power.
Article. Upon the opening of each legislative period, the Ministers shall submit a concise report to the General Assembly, on all matters concerning their respective ministries.
Article. The President of the Council, on assuming his functions, shall attend the Chamber of Deputies and the Senate separately, in company with the other Ministers, and shall explain the general policy of the executive power.
Article. The Council of Ministers in full, or the Ministers separately, may, when they deem it expedient, attend sessions of the Chamber of Deputies or of the Senate and take part in the debates, with preference in speaking, but without the right to vote.
Article. The attendance of the Council of Ministers, or of any of the Ministers, is obligatory if the General Assembly or either of the chambers calls for them in order to interpellate them.
The interpellation shall be made in writing. For its acceptance it requires one fifth of the votes of the sitting representatives.
The General Assembly, or the chamber, shall indicate the day and hour for the Ministers to reply to the interpellations.
Article. Either of the chambers may pass judgment on the conduct of Ministers of State by proposing that the General Assembly, in joint session shall declare that their acts of administration or of government are censured.
Whenever motions to this effect are presented, the chamber in which they are made shall be specially convoked, within a period of not over forty-eight hours, to decide upon its course of action.
If the motion is approved by a majority of those present, notice shall be given to the General Assembly, which shall be called within forty-eight hours.
If upon the first convocation of the General Assembly there are not a sufficient number of members present to hold a meeting, a second convocation shall be made and the General Assembly shall be considered organized with the number of legislators who attend.
Article. The censure, adopted by an absolute majority of the full membership of the General Assembly, shall require the immediate resignation of the Minister or Ministers affected by it.
Article. The President of the Council of Ministers may introduce before the General Assembly a question of confidence on behalf of the Council of Ministers. If confidence is denied or if the President of the Council is censured or if he resigns, a total crisis of the Cabinet is produced.
Article. The third removal of a President of the Council of Ministers, during the same legislative term of office as a consequence of motions of censure, authorizes the Emperor to dissolve the General Assembly. The dissolution order includes the calling of elections to form a new legislature within 60 days of the dissolution of the old.
The General Assembly cannot be dissolved during the final year of its constitutional term of office.
Article. The nonapproval of a ministerial initiative does not oblige the Minister to resign, except in the case of his having made approval a matter of confidence.
Article. The Ministers may not exercise any other public function while they hold those posts.
They shall not intervene, directly or indirectly, in the direction or management of any private undertaking or association.
Article. Each Minister shall be personally responsible for his own acts and for the acts which he countersigns, and jointly and severally for those signed or agreed to with the other Ministers.
Article. The Ministers of State may not leave the territory of the Empire for more than seven days, without the authorization of the General Assembly.
Article. Upon termination of their office, Ministers remain subject to six months' residence, and may not leave the territory of the Empire except by authorization granted by an absolute majority of votes of the full membership of the General Assembly meeting in joint session.
Article. For their services, the Ministers shall receive a salary established by law, which may not be changed during their term of office.
The ministers may, when they deem it expedient, attend sessions of the Chamber of Deputies or of the Senate and take part in the debates, with preference in speaking, but without the right to vote.
Contents |
CHAPTER I - THE LEGISLATIVE POWER
SECTION I - THE NATIONAL CONGRESS
44. The Legislative Power is exercised by the National Congress, which is composed of the Chamber of Deputies and the Federal Senate.
Each legislative term shall have the duration of four years.
45. The Chamber of Deputies is composed of representatives of the people, elected, by the proportional system, in each state, territory and in the Federal District.
(1) The total number of Deputies, as well as the representation of the States and of the Federal District shall be established by a supplementary law, in proportion to the population, and the necessary adjustments shall be made in the year preceding the elections, so that none of those units of the Federation has less than eight or more than seventy Deputies.
(2) Each territory shall elect four Deputies.
46. The Federal Senate is composed of representatives of the states and of the Federal District, elected by a majority vote.
(1) Each state and the Federal District shall elect three Senators for a term of office of eight years.
(2) One-third and two-thirds of the representation of each state and of the Federal District shall be renewed every four years, alternately.
(3) Each Senator shall be elected with two substitutes.
47. Except where there is a constitutional provision to the contrary, the decisions of each House and of their committees shall be taken by a majority vote, when the absolute majority of its members is present.
SECTION II - 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 - system of taxation, collection of taxes and income distribution;
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 programmes 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 - temporary transference of the seat of the Federal Government;
VIII - granting of amnesty;
IX - 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;
X - establishment, transformation and extinction of public offices, positions and functions, with observance of the article 84, VI, b;
XI - establishment and extinction of Ministries and bodies of public administration;
XII - telecommunications and radio broadcasting;
XIII - financial, foreign exchange and monetary matters, financial institutions and their operations;
XIV - currency, currency issuance limits, and amount of federal indebtedness.
XV - fixation of remuneration of the Justices of the Supreme Federal Tribunal, with due regard to articles 39, paragraph 4; 150, II; 153, III; and 153, paragraph 2, I.
49. It is exclusively the competence of the National Congress:
I - to decide conclusively on international treaties, agreements or international acts which result in charges or commitments that go against the national property;
II - 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;
III - to authorize the President and the Vice-President of the Republic to leave the country, when such absence exceeds fifteen days;
IV - to approve a state of defense and federal intervention, authorize a state of siege or suspend any of these measures;
V - to stop the normative acts of the Executive Power which exceed their regimental authority or the limits of legislative delegation;
VI - to transfer its seat temporarily;
VII - to establish identical remuneration for Federal Deputies and Senators, taking into account the provisions of articles 37, XI; 39, paragraph 4; 150, II; 153, III, and 153, paragraph 2, I;
VIII -to establish, for each fiscal year, the remuneration of the President and the Vice-President of the Republic and of the Ministers of State, taking into account the provisions of articles 150, II, 153, III, and 153, paragraph 2, I;
IX - to examine each year the accounts rendered by the President of the Republic and to consider the reports on the execution of Government plans;
X - to supervise and control directly or through either of its Houses, the acts of the Executive Power, including those of the indirect administration;
XI - to ensure the preservation of legislative competence in the face of the normative incumbency of the other Powers;
XII - to consider the acts of concession and renewal of concession of radio and television stations;
XIII - to choose two-thirds of the members of the Court of Accounts of the Union;
XIV - to approve initiatives of the Executive Power referring to nuclear activities
XV - to authorize a referendum and to call a plebiscite;
XVI - to authorize, in Indian lands, the exploitation and use of hydric resources and the prospecting and mining of mineral resources
XVII - to give prior approval to the disposal or concession of public lands with an area of over two thousand and five hundred hectares.
50. 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.
(1) The Ministers of State may attend the Federal Senate, the Chamber of Deputies or any of their committees, on their own initiative and by agreement with the respective Directing Board, to report on a matter of relevance to their Ministry.
(2) The Directing Boards of the Chamber of Deputies and of the Federal Senate may forward to the Ministers of State, or any of the persons mentioned in the caption of this article, written requests for information, and refusal or non-compliance, within a period of thirty days, as well as the rendering of false information, shall constitute a crime of malversation.
SECTION III - THE CHAMBER OF DEPUTIES
51. 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 and the Ministers of State;
II - to effect the taking of accounts of the President of the Republic, when they are not presented to the National Congress within sixty days of the opening of the legislative session;
III - to draw up its internal regulations;
IV - 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;
V - to elect the members of the Council of the Republic, in the manner prescribed by article 89. VII.
SECTION IV - THE FEDERAL SENATE
52. It is exclusively the competence of the Federal Senate:
I - to effect the legal proceeding and trial of the President and Vice-President of the Republic for crime of malversation, as well as the Ministers of State and the Commanders of Navy, Army and Air Force for crimes of the same nature relating to those;
II - to effect the legal proceeding and trial of the Justices of the Supreme Federal Court, the members of the National Council of Justice and of the National Council of Public Prosecution, the Attorney-General of the Republic and the Advocate-General of the Union for crimes of malversation;
III - to give prior consent, by secret voting, after public hearing, on the selection of:
a) judges, in the cases established in this Constitution;
b) Justices of the Court of Accounts of the Union appointed by the President of the Republic;
c) Governor of a territory;
d) president and directors of the Central Bank;
e) Attorney-General of the Republic;
f) holders of other offices, as the law may determine;
IV - to give prior approval, by secret voting, after closed hearing, on the selection of heads of permanent diplomatic missions:
V - to authorize foreign transactions of a financial nature, of the interest of the Union, the States, the Federal District, the territories and the municipalities;
VI - to establish, as proposed by the President of the Republic, total limits for the entire amount of the consolidated debt of the Union, the States, the Federal District and the municipalities;
VII - to provide for the total limits and conditions for foreign and domestic credit transactions of the Union, the States, the Federal District and the municipalities, of their autonomous Government entities and other entities controlled by the Federal Government;
VIII - to provide for limits and conditions for the concession of a guarantee by the Union in foreign and domestic credit transactions;
IX - to establish total limits and conditions for the entire amount of the debt of the States, the Federal District and the municipalities;
X - to stop the application, in full or in part, of a law declared unconstitutional by final decision of the Supreme Federal Court;
XI - to approve, by absolute majority and by secret voting, the removal from office of the Attorney-General of the Republic before the end of his term of office;
XII - to draw up its internal regulations;
XIII - to provide for its organization, functioning, police, creation, transformation or extinction of offices, positions or functions of its services and the initiative of law for establishment of their respective remuneration, taking into account the guidelines established in the law of budgetary directives;
XIV - to elect the members of the Council of the Republic, as established in article 89, VII.
XV - evaluate periodically the functionality of the National Tax System, its structure and components, and the performance of the tax administrations of the Union, States, Federal District and municipalities.
(1) In the cases provided for in items I and II, the Chief Justice of the Supreme Federal Court shall act as President and the sentence, which may only be issued by two-thirds of the votes of the Federal Senate, shall be limited to the loss of office with disqualification to hold any public office for a period of eight years, without prejudice to other applicable judicial sanctions.
SECTION V - DEPUTIES AND SENATORS
53. The Deputies and Senators enjoy inviolability, both civil and penal, on account of any of their opinions, words and votes.
(1) Deputies and Senators, from the date of issuance of the electoral diploma, will be tried before the Supreme Federal Court.
(2) From the date of the issuance of the electoral diploma, the members of the National Congress may not be arrested, except in flagrante delicto of an umbailable crime. In such case, the case records shall be remitted within twenty four hour to the respective House which, by vote of the majority of their members, shall decide about the prison.
(3) After accepting the indiction against Deputy or Senator, for crimes occurred after the issuance of the diploma, the Supreme Federal Court shall communicate the respective House which, by initiative of a Political Party with representation in the House and by the vote of the majority of its Members, may, until the final decision, suspend the progress of the case.
(4) The request of suspension shall be examined by the respective House within fourty five days, non extendable, counted from the reception by the Directory Board.
(5) The suspension of the case stops the prescription of the crime, while the office lasts.
(6) The Deputies and Senators shall not have the obligation to render testimony or information received or given by virtue of the exercise of their mandate, nor against persons who rendered them information or received information from them.
(7) Incorporation into the Armed Forces of Deputies and Senators even if they hold military rank and even in time of war shall depend upon theca previous granting of permission by the respective House.
(8) The immunities of Deputies and Senators shall be maintained during a state of siege and may only be suspended by the vote of two-thirds of the members of the respective House, in the case of acts committed outside the premises of Congress, which are not compatible with the implementation of such measure.
54. Deputies and Senators may not:
I - after the issuance of their certificate of electoral victory:
a)sign or maintain a contract with a public legal entity, autonomous Government agency, public company, mixed-capital company or public utility company, unless the contract is in accordance with uniform clauses;
b) accept or hold a paid office, function or position including those from which they may be dismissed ad nutum in the entities mentioned in the preceding subitem;
II - after taking office:
a) be the owners, controllers or directors of a company which enjoys benefits arising from a contract with a public legal entity or perform a remunerated position therein;
b) hold an office or function from which they may be dismissed ad nutum, in the entities mentioned in item I, a;
c) act as lawyer in a cause in which any of the entities referred to in item I, a, has an interest;
d) be the holders of more than one public elective position or office.
55. A Deputy or Senator shall lose his office:
I - if he violates any of the prohibitions established in the preceding article;
II - if his conduct is declared incompatible with parliamentary decorum;
III - if he fails to appear, in each legislative session, at one-third of the regular sessions of the House to which he belongs, except for a leave of absence or a mission authorized by the House concerned:
IV - if his political rights have been lost or suspended;
V - whenever decreed by the Electoral Courts, in the cases established in this Constitution;
VI - if he is criminally convicted by a final and unappealable sentence.
(1) Abuse of the prerogatives ensured to a Congressman or the gaining of undue advantages, in addition to the cases defined in the internal regulations, is incompatible with parliamentary decorum.
(2) In the cases of items I, II and VI, loss of office shall be declared by the Chamber of Deputies or the Federal Senate, by secret voting and absolute majority, on the initiative of the respective Directing Board or of a political party represented in the National Congress, full defense being ensured.
(3) In the cases set forth in items III to V, the loss shall be declared by the Directing Board of the respective House, ex officio or upon the initiative of any of its members, or of a political party represented in the National Congress, full defense being ensured.
(4) The resignation of a Congressman submitted to a legal suit that aims at or may lead to loss of mandate, under the provisions of this article, will have its effects suspended until the final deliberations mentioned in paragraphs 2 and 3.
56. A Deputy or Senator shall not lose his office:
I - if vested with the office of Minister of State, Governor of a territory, Secretary of a State, of the Federal District, of a territory, of a State capital or head of a temporary diplomatic mission;
II - if on leave of absence from the respective House, by virtue of illness or, without remuneration, to attend to private matters, provided that, in this case, the absence does not exceed one hundred and twenty days per legislative session.
(1) The substitute shall be called in cases of vacancy, of investiture in the functions set forth in this article or of leave of absence exceeding one hundred and twenty days.
(2) Upon the occurrence of a vacancy and there being no substitute, if more than fifteen months remain before the end of the term of office, an election shall be held to fill it.
(3) In the event of item I, the Deputy or Senator may opt for the remuneration of the elective office.
SECTION VI - THE SESSIONS
57. The National Congress shall meet each year in the Federal Capital, from February 2nd to July 17th and from August 1st to December 2nd.
(1) If sessions scheduled for these dates fall on a Saturday, a Sunday or a holiday, they shall be transferred to the subsequent workday.
(2) The legislative session shall not be interrupted before the approval of the bill of budgetary directives.
(3) In addition to other cases provided for in this Constitution the Chamber of Deputies and the Federal Senate shall meet in a joint session to:
I - inaugurate the legislative session;
II - draw up the common regulations and regulate the creation of services common to both Houses;
III - take the oath of the President and of the Vice-President of the Republic;
IV - acknowledge a veto and resolve thereon.
(4) Each of the Houses shall meet in a preparatory session, beginning February 1 of the first year of the legislative term, for the installation of its members and the election of the respective Directing Boards, for a term of office of two years, the re-election to the same office in the immediately subsequent election being prohibited.
(5) The Directing Board of the National Congress shall be presided by the President of the Federal Senate and the remaining offices shall be held, alternately, by the holders of equivalent offices in the Chamber of Deputies and in the Federal Senate.
(6) Special sessions of the National Congress shall be called:
I - by the President of the Federal Senate, in the event of a decree of a state of defense or of federal intervention, of a demand for the authorization to decree a state of siege and the taking of oath and inauguration of the President and the Vice-President of the Republic;
II - by the President of the Republic, by the Presidents of the Chamber of Deputies and of the Federal Senate or by request of the majority of the members of both Houses, in case of urgency or important public interest, in any case with the approval by the absolute majority of each of the Houses of the National Congress.
(7) In a special legislative session, the National Congress shall deliberate only upon the matter for which it was called, excepted the hypothesis of paragraph 8, the payment of indemnization on account of the calling being forbidden.
(8) If provisional measures are in force during the period of special legislative session of the National Congress, they shall be automatically included in the voting list.
SECTION VII - THE COMMITTEES
58. The National Congress and both its Houses shall have permanent and temporary committees, established in the manner and with the incumbencies set forth in the respective regulations or in the act from which their creation Paragraph 1. In the composition of the Directing Boards and of each committee, the proportional representation of the parties or the parliamentary groups which participate in the respective House shall be ensured to the extent possible. Paragraph 2 - The committees have the power, on account of the matter under their authority. I - to debate and vote on bills of law which, in accordance with the regulations, are exempt from being submitted to the Plenary Assembly, except in the event of an appeal from one-tenth of the members of the respective House; II - to hold public audiences with entities of civil society; III - to summon Ministers of State to render information on matters inherent to their duties; IV - to receive petitions, claims, statements or complaints from any person against acts or omissions of Government authorities or entities; V - to request the testimony of any authority or citizen; VI - to examine construction work programs and national, regional and sectorial development plans and to report thereupon. Paragraph 3 - Parliamentary inquiry committees, which shall have the powers of investigation inherent to the judicial authorities, in addition to other powers set forth in the regulations of the respective Houses, shall be created by the Chamber of Deputies and by the Federal Senate, jointly or separately, upon the request of one-third of its members, to investigate a given fact and for a certain period of time? and their conclusions shall, if the case may be, be forwarded to the Public Prosecution to determine the civil or criminal liability of the offenders. Paragraph 4 - During recess there shall be a committee to represent the National Congress, elected by both its Houses in the last regular session of the legislative session, with incumbencies defined in the common regulations, the composition of which shall repeat, to the extent possible, the proportional representation of the political parties.
SECTION VIII - THE LEGISLATIVE PROCESS SUBSECTION I - GENERAL PROVISION
Article 59. The legislative process comprises the preparation of:
I - amendments to the Constitution;
II - supplementary laws;
III - ordinary laws;
IV - delegated laws;
V - provisional measures;
VI - legislative decrees;
Sole paragraph - A supplementary law shall provide for the preparation, drafting, amendment and consolidation of laws.
SUBSECTION II - AMENDMENTS TO THE CONSTITUTION
Article 60. The Constitution may be amended on the proposal of: I - at least one-third of the members of the Chamber of Deputies or of the Federal Senate; II - the President of the Republic; III - more than one half of the Legislative Assemblies of the units of the Federation, each of them expressing itself by the relative majority of its members. Paragraph l - The Constitution shall not be amended while federal intervention, a state of defense or a state of siege is in force. Paragraph 2 - The proposal shall be discussed and voted upon in each House of the National Congress, in two readings, and it shall be considered approved if it obtains in both readings, three-fifths of the votes of the respective members. Paragraph 3 - An amendment to the Constitution shall be promulgated by the Directing Boards of the Chamber of Deputies and the Federal Senate with the respective sequence number. Paragraph 4 - No proposal of amendment shall be considered which is aimed at abolishing: I - the federative form of State; II - the direct, secret, universal and periodic vote; III - the separation of the Government Powers; IV - individual rights and guarantees. Paragraph 5 - The matter dealt with in a proposal of amendment that is rejected or considered impaired shall not be the subject of another proposal in the same legislative session.
SUBSECTION III - THE LAWS
Article 61. The initiative of supplementary and ordinary laws is within the competence of any member or committee of the Chamber of Deputies and the Federal Senate or the National Congress, the President of the Republic, the Supreme Federal Court, the Superior Courts, the Attorney-General of the Republic and the citizens, in the manner and in the cases provided for in this Constitution. Paragraph 1 - It is the exclusive initiative of the President of the Republic to introduce laws that: I - determine or modify the number of Armed Forces troops; II - provide for: a) creation of public offices, functions or positions in the direct administration and in autonomous Government agencies or increases in their salaries; b) administrative and judicial organization, tax and budgetary matters, public services and administrative personnel of the territories; c) civil servants of the Union and Territories, their legal statute, appointment to offices, tenure and retirement;
Letter c amended by CA 18, February 5th 1998. The original text contained references to the militaries, which are now referred to in the letter f.
d) organization of the Public Prosecution and of the Public Legal Defense of the Union, as well as general rules for the organization of the Public Prosecution and the Public Legal Defense of the states, the Federal District and the territories;
e) creation and extinction of the Ministries and public administration agencies, with due regard to the article 84, VI;
Letter e amended by CA 18, February 5th 1998. The original text read "creation, structuring and duties of the Ministries and public administration agencies;"
f) military of the Armed Forces, their legal statute, appointment to offices, promotions, tenure, remuneration, retirement, and transfer to the reserve.
Letter f added by CA 18, February 5th 1998.
Paragraph 2 - The initiative of the people may be exercised by means of the presentation to the Chamber of Deputies of a bill of law subscribed by at least one percent of the national electorate, distributed throughout at least five states, with not less than three-tenths of one percent of the voters in each of them.
Article 62. In important and urgent cases, the President of the Republic may adopt provisional measures with the force of law and shall submit them to the National Congress immediately.
Article 62 entirely changed by CA 32, September 11th 2001. Read comments at the end of the article.
Paragraph 1. No provisional measures should treat about matters:
I - relative to:
a) nationality, citizenship, political rights, political parties and electoral rights;
b) criminal laws, criminal process and civil process; c) organization of Judiciary Power, Public Prosecution, the career and guarantees of their members;
d) pluriannual plans, budgetary directives, annual budgetary law, aditional and supplementary credits, except what is mentioned on art. 167, paragraph 3;
II - which refer to levy or retetion of assets, popular savings or any other financial assets;
III - reserved to supplementary laws;
IV - already disciplined by a law approved by Congress and awaiting sanction or veto by the President;
Paragraph 2. Provisional measures which institute or increase taxes, except for the cases mentioned on arts. 153, I, II, IV, V and 154, II, will produce efects in the following financial exercize only if converted into law until the last day of the year in which it was issued.
Paragraph 3. Provisional measures, except for those mentioned on articles 11 and 12, will loose eficacy, since back to the issuing date, if not converted into laws within sixty days, extendable, once, according to the disposed on paragraph 7, for the same period of time, being up to the Congress to discipline, by means of a Legislative Decree, the juridic relations resulting of them
Paragraph 4. The period mentioned on paragraph 3 will be counted from the date of publication of the provisional measure, being suspended during the periods of recess of the Congress.
Paragraph 5. The deliberation of each House of Congress about the merit of provisional measures will depend on previous judgement on the meeting of the constitutional pre-conditions of admissibility;
Paragraph 6. If the provisional measure is not appreciated in the 45 days after publication, it will gain urgency regime status, subsequently, in each of the Houses of Congress, being postponed, until the end of its appreciation, all the other legislative deliberations of the House in which it is being examined.
Paragraph 7. The validity of a provisional measure will be extended once, for the same period, if, after sixty days counted from the publication, its appreciation is not concluded on both Houses of Congress.
Paragraph 8. Provisional measures will be voted first by the Chamber of Deputies.
Paragraph 9. It will be up to a Committee composed by Deputies and Senators to examin the provisional measures and to issue an opinion about them, before being voted, in separated sessions, by the plenarium of each House of Congress.
Paragraph 10. Provisional measures which were rejected or had lost efficacy can not be reissued in the same legislative session.
Paragraph 11. If the legislative decree mentioned on paragraph 3 is not edited within sixty days after rejection or decay of provisional measure, the juridic relations constituted and consequential of acts practiced during its validity will remain regulated by them.
Paragraph 12. If the draft of law of conversion changing the original text of provisional measure is approved, the measure will remain in full force until being sanctioned or vetoed by the President.
Article 62 entirely changed by CA 32, September 11th 2001. This article used to have only the caput and one short paragraph; the CA changed the caput and original paragraph, and added eleven paragraphs. However, it became a consensus that the Executive Power had been given excessive powers to use Provisional Measures, and was misusing those powers. It became a common practice, for example, that the President of the Republic issued a provisional measure and, on expiration, re-issued it with exactly the same text; the measure which instituted the Real Plan, for example, was re-issued over eighty months; in practice, the Executive was legislating, withouth the participation of the Legislative. The CA 32 intended to rectify these problems.
Article 63. An increase in expenditure proposals shall not be admitted: I - in bills of the exclusive initiative of the President of the Republic, except for the provisions of article 166, paragraphs 3 and 4; III - in bills concerning theca organization of the administrative services of the Chamber of Deputies, the Federal Senate, the Federal Courts and the Public Prosecution.
Article 64. The discussion and voting of the bills of law which are the initiative of the President of the Republic, the Supreme Federal Court and of the Superior Courts shall start in the Chamber of Deputies. Paragraph 1 - The President of the Republic may request urgency in the examination of bills of his own initiative. Paragraph 2 - If, in the case of the preceding paragraph, the Chamber of Deputies and the Federal Senate fail to act, each one, successively on the proposition, within up to forty-five days, the deliberation upon other subjects shall be suspended, except for those which have specific Constitutional deadlines, in order that the voting may be concluded.
Text in purple added by CA 32, September 11th 2001.
Paragraph 3 - Amendments of the Federal Senate shall be examined by the Chamber of Deputies within a period of ten days, in accordance, otherwise. with the provisions of the preceding paragraph.
Paragraph 4 - The periods of time referred to in paragraph 2 shall not be counted while the Congress is in recess and shall not apply to the bills of codes.
Article 65. A bill of law approved by one House shall be reviewed by the other in a single reading of discussing and voting and sent for sanctioning or promulgation, if approved by the reviewing House, or it shall be dismissed, if rejected. Sole paragraph - If the bill is amended, it shall return to the House where it was proposed.
Article 66. The House in which voting is concluded shall send the bill of law to the President of the Republic, who, if he concurs, shall sanction it. Paragraph 1 - If the President of the Republic considers the bill of law, wholly or in part, unconstitutional or contrary to public interest, he shall veto it, wholly or in part, within fifteen work days, counted from the date of receipt and he shall, within forty-eight hours, inform the President of the Senate of the reasons of his veto. Paragraph 2 - A partial veto shall only comprise the full text of an article, paragraph, item or subitem. Paragraph 3 - After a period of fifteen days, the silence of the President of the Republic shall be considered as sanctioning. Paragraph 4 - The veto shall be examined in a joint session, within thirty days, counted from the date of receipt, and may only be rejected by the absolute majority of the Deputies and Senators, by secret voting. Paragraph 5 - If the veto is not upheld, the bill shall be sent to the President of the Republic for promulgation. Paragraph 6 - If the period established in paragraph 4 elapses without a decision being reached, the veto shall be included in the order of the day of the following session, and all other propositions shall be suspended until its final voting.
Paragraph 6 was changed by CA 32, September 11th 2001. The original text contained the expression: "except for the matters referred to in article 62, sole paragraph."
Paragraph 7 - If, in the cases of paragraphs 3 and 5, the law is not promulgated within forty-eight hours by the President of the Republic, the President of the Senate shall enact it and if the latter fails to do so within the same period, the Vice-President of the Senate shall do so.
Article 67. The matter dealt with in a rejected bill of law may only be the subject of a new bill during the same legislative session, upon proposal of the absolute majority of the members of either House of the National Congress.
Article 68. Delegated laws shall be drawn up by the President of the Republic, who shall request delegation from the National Congress. Paragraph 1 - There shall be no delegation of acts falling within the exclusive competence of the National Congress, of those within the exclusive competence of the Chamber of Deputies or the Federal Senate, of matters reserved for supplementary laws and of legislation on: I - the organization of the Judicial Power and of the Public Prosecution, the career and guarantees of their members; II - nationality, citizenship, individual, political and electoral rights, III - pluriannual plans, budgetary directives and budgets. Paragraph 2 - The delegation to the President of the Republic shall take the form of a resolution of the National Congress, which shall specify its contents and the terms of its exercise. Paragraph 3 - If the resolution calls for consideration of the bill by the National Congress, the latter shall do so in a single voting, any amendment being forbidden.
Article 69. Supplementary laws shall be approved by absolute majority.
SECTION IX - ACCOUNTING, FINANCIAL AND BUDGETARY CONTROL
Article 70. Control of accounts, finances, budget, operations and property of the Union and of the agencies of the direct and indirect administration, as to lawfulness, legitimacy, economic efficiency, application of subsidies and waiver of revenues, shall be exercised by the National Congress, by means of external control and of the internal control system of each Power.
Sole paragraph - Accounts shall be rendered by any individual or corporation, public or private, which uses, collects, keeps, or manages public monies, assets or values, or those for which the Union is responsible or which, on behalf of the Union, assumes obligations of a pecuniary nature.
Paragraph amended by CA 19, June 4th 1998. Original text made references only to public entities: "Accounts shall be rendered by any individual or public entity which uses, ...". Big corporations like Banco do Brasil or Petrobrás always rendered accounts; the amendment came because of some bodies of private nature which depend solely on funds remitted by the Union, like, for example, SESI (Social Service of the Industry).
Article 71. External control, incumbent on the National Congress, shall be exercised with the aid of the Federal Court of Accounts, which shall: I - examine the accounts rendered annually by the President of the Republic, by means of a prior opinion which shall be prepared in sixty days counted from receipt; II - evaluate the accounts of the administrators and other persons responsible for public monies, assets and values of the direct and indirect administration, including foundations and companies instituted and maintained by the Federal Government as well as the accounts of those who have caused a loss, misplacement or other irregularity resulting in losses to the public treasury: III - examine, for the purpose of registration, the lawfulness of acts of admission of personnel, on any account, in the direct and indirect administration, including the foundations instituted and maintained by the Federal Government, with the exception of the appointments to commission offices, as well as the granting of civil and military retirement and pensions, except for subsequent improvements which do not alter the legal fundaments of the conceding act; IV - carry out, on its own initiative or on that of the Chamber of Deputies, of the Federal Senate, or of a technical or inquiry committee, inspection and audits of an accounting, financial, budgetary, operational or property nature in the administrative units of the Legislative, Executive and Judicial Powers and other entities referred to in item II; V - control the national accounts of supranational companies in whose capital stock the Union holds a direct or indirect interest, as set forth in the acts of incorporation: VI - control the use of any funds transferred by the Union, by means of an agreement, arrangement, adjustment or any other similar instrument, to a state, the Federal District or a municipality; VII - render the information requested by the National Congress, by either of its Houses or by any of the respective committees concerning accounting, financial, budgetary, operational and property control and the results of audits and inspections made; VIII - in case of illegal expenses or irregular accounts, apply to the responsible parties the sanctions provided by law, which shall establish, among other comminations, a fine proportional to the damages caused to the public treasury; IX - determine a period of time for the agency or entity to take the necessary steps for the strict compliance with the law, if an illegality is established; X - if not heeded, stop the execution of the impugned act, notifying the Chamber of Deputies and the Federal Senate of such decision; XI - present a formal charge to the competent Power on any irregularities or abuses verified. Paragraph 1 - In the case of a contract, the restraining act shall be adopted directly by the National Congress, which shall immediately request the Executive Power to take the applicable measures. Paragraph 2 - If the National Congress or the Executive Power, within ninety days, do not take the measures provided for in the preceding paragraph. the Court shall decide on the matter. Paragraph 3 - Decisions of the Court resulting in the imposition of a debt or fine shall have the effectiveness of an execution instrument. Paragraph 4 - The Court shall, quarterly and annually, forward to the National Congress a report on its activities.
Article 72. In view of indications of unauthorized expenditure, even if in the form of non-programmed investments or non-approved subsidies, the permanent joint Committee referred to in article 166, paragraph 1, may request the responsible Government authority to render the necessary explanation, within five days. Paragraph 1 - If the explanations are not rendered or are considered insufficient, the Committee shall request the Court to make a conclusive statement on the matter within thirty days. Paragraph 2 - If the Court deems the expense to be irregular, the Committee shall, if it considers that the expenditure may cause irreparable damage or serious injury to the public economy, propose to the National Congress that it be suspended.
Article 73. The Court of Accounts of the Union, formed by nine Justices, shall have its seat in the Federal District, its own staff and jurisdiction throughout the national territory, and shall exercise, insofar as pertinent, the incumbencies provided for in article 96. Paragraph 1. The Justices of the Court of Accounts of the Union shall be appointed from among Brazilians who meet the following requirements: I - more than thirty-five and less than sixty-five years of age; II - moral integrity and spotless reputation; III - notable knowledge of the law, accounting, economics and finances or of public administration; IV - more than ten years of exercise of office or of actual professional activity which requires the knowledge mentioned in the preceding item. Paragraph 2 - The Justices of the Court of Accounts of the Union shall be chosen: I - one-third by the President of the Republic with the approval of the Federal Senate, two of them being alternately chosen from among auditors and members of the Public Prosecution at the Court, as indicated in a triple list by the Court, in accordance with criteria of seniority and merit: II - two-thirds by the National Congress. Paragraph 3 - The Justices of the Court of Accounts of the Union shall have the same guarantees, prerogatives, impediments, remuneration and advantages as the Justices of the Superior Court of Justice, their retirement and pensions being regulated by the norms provided for in article 40.
Text in purple amended by CA 20, December 15th 1998. Original text read: " and may only retire with the advantages of the office if they have actually held it for more than five years."
Paragraph 4 - The auditor, when substituting for a Justice, shall have the same guarantees and impediments as the incumbent Justice, and, when in exercise of the other duties of the judicature, those of a Judge of a Federal Regional Court.
Article 74. The Legislative, Executive and Judicial Powers shall maintain an i ntegrated system of internal control for the purpose of: I - evaluating the attainment of the goals established in the pluriannual plan, the implementation of government programmes and of the budgets of theca Union: II - verifying the lawfulness and evaluating the results, as to effectiveness and efficiency, of the budgetary, financial and property management in the agencies and entities of the federal administration, as well as the use of public funds by private legal entities; III - exercising control over credit transactions, collateral signatures and guarantees, as well as over the rights and assets of the Union; IV - supporting external control in the exercise of its institutional mission. Paragraph 1. The persons responsible for internal control shall, upon learning of any irregularity or illegality, inform the Court of Accounts of the Union about it, subject to joint liability. Paragraph 2 - Any citizen, political party. association or labour union has standing under the law to denounce irregularities or illegalities to the Court of Accounts of the Union.
Article 75. The rules set forth in this section shall apply, where appropriate, to the organization, composition and control of the Court of Accounts of the states and of the Federal District, as well as the Courts and Councils of Accounts of the municipalities. Sole paragraph - The state Constitutions shall provide for the respective Courts of Accounts, which shall be formed by seven council members.
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
