Title: Brazil. Constitution

TITLE IV
THE ORGANIZATION OF THE POWERS

CHAPTER I
The Legislative Power

Section I
The National Congress

ARTICLE 44.- The Legislative Power is exercised by the National Congress, which is composed of the Chamber of Deputies and the Federal Senate. Sole paragraph - Each legislative term shall have the duration of four years.

ARTICLE 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.

Paragraph 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.

Paragraph 2 - Each territory shall elect four Deputies.

ARTICLE 46.- The Federal Senate is composed of representatives of the states and of the Federal District, elected by a majority vote.

Paragraph 1 - Each state and the Federal District shall elect three Senators for a term of office of eight years.

Paragraph 2 - One-third and two-thirds of the representation of each state and of the Federal District shall be renewed every four years, alternately.

Paragraph 3 - Each Senator shall be elected with two substitutes.

ARTICLE 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

ARTICLE 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;

XI - establishment, organization and duties of the Ministries and public administration agencies;

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.

ARTICLE 49.- It is exclusively the competence of the National Congress:

I - to decide conclusively on international treaties, agreements or 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, in each legislative term, for the subsequent one, taking into account the provisions of articles 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.

ARTICLE 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 previoulsy determined matter, and absence without adequate justification shall constitute a crime of malversation.

Paragraph 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.

Paragraph 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

ARTICLE 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 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

ARTICLE 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 and the Ministers of State 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 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 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.

Sole paragraph - 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

ARTICLE 53.- The Deputies and Senators enjoy inviolability on account of their opinions, words and votes.

Paragraph 1 - From the date of the issuance of the certificate of electoral victory, the members of the National Congress may not be arrested, except in flagrante delicto of an unbailable crime, nor may they be criminally prosecuted, without prior authorization by the respective House.

Paragraph 2 - Rejection of the demand for authorization or the absence of a decision shall suspend the limitation for the duration of the term of office.

Paragraph 3 - In the event of flagrante delicto of an unbailable crime, the case records shall be sent within twenty-four hours to the respective House which, by the secret vote of the majority of its members, shall decide on the arrest and authorize or not the indictment.

Paragraph 4 - The Deputies and Senators shall be tried by the Supreme Federal Court.

Paragraph 5 - 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.

Paragraph 6 - Incorporation into the Armed Forces of Deputies and Senators, even if they hold military rank and even in time of war shall depend upon the previous granting of permission by the respective House.

Paragraph 7 - 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.

ARTICLE 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.

ARTICLE 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.

Paragraph 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.

Paragraph 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.

Paragraph 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.

Paragraph 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.

ARTICLE 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.

Paragraph 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.

Paragraph 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.

Paragraph 3 - In the event of item I, the Deputy or Senator may opt for the remuneration of the elective office.


Section VI
The Sessions

ARTICLE 57.- The National Congress shall meet each year in the Federal Capital, from February 15 to June 30 and from August 1 to December 15.

Paragraph 1 - If sessions scheduled for these dates fall on a Saturday, a Sunday or a holiday, they shall be transferred to the subsequent workday.

Paragraph 2 - The legislative session shall not be interrupted before the approval of the bill of budgetary directives.

Paragraph 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.

Paragraph 4 - Both 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.

Paragraph 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.

Paragraph 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.

Paragraph 7 - In a special legislative session, the National Congress shall deliberate only upon the matter for which it was called.


Section VII
The Committees

ARTICLE 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 resulted.

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;

VII - resolutions.

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 1 - 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 its 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) government employees of the Union and Territories, their legal statute, appointment to offices, tenure and retirement;
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, 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.

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.

* CA 18/98.

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, and if Congress is in recess, a special session shall be called to meet within five days. Sole paragraph - Provisional measures shall lose effectiveness from the day of their issuance, if they are not converted into law within a period of thirty days as from their publication and the National Congress shall regulate the legal relations arising therefrom.

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;

II - in bills concerning the 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, this proposition shall be included in the order of the day and the deliberation upon other subjects shall be suspended, in order that the voting may be concluded.

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, 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 public entity 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.

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 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 integrated 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 the 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 Courts 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 II
The Executive Power

Section I
The President and the Vice-President of the Republic

ARTICLE 76.- The Executive Power is exercised by the President of the Republic, assisted by the Ministers of State.

*ARTICLE 77.- The election of the President and Vice-President of the Republic shall take place simultaneouly, on the first Sunday of October, in the first round, and on the last Sunday of October, in the second round, as the case may be, of the year preceding the one in which the current presidential term of office ends.

Paragraph 1 - The election of the President of the Republic shall imply the election of the Vice-President registered with him.

Paragraph 2 - The candidate who, being registered by a political party, obtains an absolute majority of votes, not counting blank or void votes, shall be considered elected President.

Paragraph 3 - If no candidate attains an absolute majority in the first voting, another election shall be held within twenty days from the announcement of the results, the competition being between the two candidates with the highest number of votes, and being considered elected the candidate with the majority of valid votes.

Paragraph 4 - Should one of the candidates, before the second round of voting is held, die, withdraw or become legally impaired, the candidate with the highest number of votes among the remaining candidates shall be called.

Paragraph 5 - If in the event of the preceding paragraphs, more than one candidate with an equal number of votes remain in second place, the eldest one shall qualify.

* CA 16/97.

ARTICLE 78.- The President and the Vice-President of the Republic shall take office in a session of the National Congress, pledging to maintain, defend and carry out the Constitution, obey the laws, promote the general well-being of the Brazilian people, sustain the union, the integrity and the independence of Brazil.

Sole paragraph - In the event that, after ten days from the date scheduled for the inauguration, the President or the Vice-President, except by reason of force majeure, has not taken office, the office shall be declared vacant.

ARTICLE 79.- The Vice-President shall replace the President in the event of impediment and shall succeed him in the event of vacancy. Sole paragraph - In addition to other duties attributed to him by a supplementary law, the Vice-President shall assist the President whenever summoned by him for special missions.

ARTICLE 80.- In the event of impediment of the President and of the Vice-President, or of vacancy of the respective offices, the President of the Chamber of Deputies, the President of the Senate and the Chief Justice of the Supreme Federal Court shall be called successively to exercise the Presidency.

ARTICLE 81.- In the event of vacancy of the offices of President and Vice-President of the Republic, elections shall be held ninety days after the occurrence of the last vacancy.

Paragraph 1 - If the vacancy occurs during the last two years of the President's term of office, the National Congress shall hold elections for both offices thirty days after the last vacancy, as established by law.

Paragraph 2 - In any of the cases, those elected shall complete the term of office of their predecessors.

*ARTICLE 82.- The term of office of the President of the Republic is four years, and it shall commence on January 1 of the year following the year of his election.

ARTICLE 83.- The President and the Vice-President of the Republic may not, without authorization from the National Congress, leave the country for a period of more than fifteen days, subject to loss of office.


Section II
Duties of the President of the Republic

ARTICLE 84.- The President of the Republic shall have the exclusive power to:

I - appoint and dismiss the Ministers of State;

II - exercise, with the assistance of the Ministers of State, the higher management of the federal administration;

III - start the legislative procedure, in the manner and in the cases set forth in this Constitution;

IV - sanction, promulgate and order the publication of laws, as well as to issue decrees and regulations for the true enforcement thereof;

V - veto bills, wholly or in part;

VI - provide for the organization and operation of the federal administration, as established by law;

VII - maintain relations with foreign States and to accredit their diplomatic representatives;

VIII - conclude international treaties, conventions and acts, ad referendum of the National Congress;

IX - decree the state of defense and the state of siege;

X - decree and enforce federal intervention;

XI - upon the opening of the legislative session, send a government message and plan to the National Congress, describing the state of the nation and requesting the actions he deems necessary;

XII - grant pardons and reduce sentences, after hearing the entities instituted by law, if necessary;

XIII - exercise the supreme command of the Armed Forces, to promote general officers and to appoint them to the offices held exclusively by them;

XIV - appoint, after approval by the Senate, the Justices of the Supreme Federal Court and those of the superior courts, the Governors of the territories, the Attorney-General of the Republic, the President and the Directors of the Central Bank and other civil servants, when established by law;

XV - appoint, with due regard for the provisions of article 73, the Justices of the Federal Court of Accounts;

XVI - appoint judges in the events established by this Constitution and the Advocate-General of the Union;

XVII - appoint members of the Council of the Republic, in accordance with article 89, VII;

XVIII - call and preside over the Council of the Republic and the National Defense Council;

XIX - declare war, in the event of foreign aggression, authorized by the National Congress or confirmed by it, whenever it occurs between legislative sessions and, under the same conditions, to decree full or partial national mobilization;

XX - make peace, authorized or confirmed by the National Congress;

XXI - award decorations and honorary distinctions;

XXII - permit, in the cases set forth by supplementary law, foreign forces to pass through the national territory, or to remain temporarily therein;

XXIII - submit to the National Congress the pluriannual plan, the bill of budgetary directives and the budget proposals set forth in this Constitution;

XXIV - render, each year, accounts to the National Congress concerning the previous fiscal year, within sixty days of the opening of the legislative session;

XXV - fill and abolish federal government positions, as set forth by law;

XXVI - issue provisional measures, with force of law, according to article 62;

XXVII - perform other duties set forth in this Constitution.

Sole paragraph - The President of the Republic may delegate the duties mentioned in items VI, XII and XXV, first part, to the Ministers of State, to the Attorney-General of the Republic or to the Advocate-General of the Union, who shall observe the limitations established in the respective delegations.

* CA 16/97.


Section III
Liability of the President of the Republic

ARTICLE 85.- Those acts of the President of the Republic which attempt on the Federal Constitution and especially on the following, are crimes of malversation:

I - the existence of the Union;

II - the free exercise of the Legislative Power, the Judicial Power, the Public Prosecution and the constitutional Powers of the units of the Federation;

III - the exercise of political, individual and social rights;

IV - the internal security of the country;

V - probity in the administration;

VI - the budgetary law;

VII - compliance with the laws and with court decisions.

Sole paragraph - These crimes shall be defined in a special law, which shall establish the rules of procedure and trial.

ARTICLE 86.- If charges against the President of the Republic are accepted by two-thirds of the Chamber of Deputies, he shall be submitted to trial before the Supreme Federal Court for common criminal offenses or before the Federal Senate for crimes of malversation.

Paragraph 1 - The President shall be suspended from his functions:
I - in common criminal offenses, if the accusation or the complaint is received by the Federal Supreme Court;
II - in the event of crimes of malversation, after the proceeding is instituted by the Federal Senate.

Paragraph 2 - If, after a period of one hundred and eighty days, the trial has not been concluded, the suspension of the President shall cease without prejudice to the normal progress of the proceeding.

Paragraph 3 - In the event of common offenses, the President of the Republic shall not be subject to arrest as long as no sentence is rendered.

Paragraph 4 - During his term of office, the President of the Republic may not be held liable to acts outside the performance of his functions.


Section IV
The Ministers of State

ARTICLE 87.- The Ministers of State shall be chosen from among Brazilians over twenty-one years of age and in possession of their political rights. Sole paragraph - The Minister of State, in addition to other duties established in this Constitution and in the law, has the power to:

I - exercise guidance, coordination and supervision of the agencies and entities of the federal administration in the area of his authority and to countersign acts and decrees signed by the President of the Republic;

II - issue instructions for the enforcement of laws, decrees and regulations;

III - submit to the President of the Republic an annual report on his administration of the Ministry;

IV - perform the acts pertinent to the duties assigned or delegated to him by the President of the Republic.

ARTICLE 88.- The law shall provide for the creation, structuring and duties of the Ministries.


Section V
The Council of the Republic and the National Defense Council

Subsection I: The Council of the Republic

ARTICLE 89.- The Council of the Republic is a higher body for consultation by the President of the Republic, and its members are:

I - the Vice-President of the Republic;

II - the President of the Chamber of Deputies;

III - the President of the Federal Senate;

IV - the majority and the minority leaders in the Chamber of Deputies;

V - the majority and the minority leaders in the Federal Senate;

VI - the Minister of Justice;

VII - six born Brazilian citizens, with over thirty-five years of age, two of which appointed by the President of the Republic, two elected by the Federal Senate and two elected by the Chamber of Deputies, all with a term of office of three years, the re-appointment being prohibited.

ARTICLE 90.- The Council of the Republic has the competence to express opinion on:

I - federal intervention, state of defense and state of siege;

II - matters relevant to the stability of the democratic institutions.

Paragraph 1 - The President of the Republic may call a State Minister to participate in the Council meeting, when the agenda includes a matter related to the respective Ministry.

Paragraph 2 - The organization and operation of the Council of the Republic shall be regulated by law.

Subsection II: The National Defense Council

ARTICLE 91.- The National Defense Council is a consultation body of the President of the Republic on matters related to national sovereignty and the defense of the democratic state, and the following participate in it as natural members:

I - the Vice-President of the Republic;

II - the President of the Chamber of Deputies;

III - the President of the Federal Senate;

IV - the Minister of Justice;

V - the military Ministers;

VI - the Minister of External Relations;

VII - the Minister of Planning.

Paragraph 1 - It is the competence of the National Defense Council:
I - to express opinion in the event of declaration of war and making of peace, as established in this Constitution;
II - to express opinion on the decreeing of state of defense, state of siege and federal intervention;
III - to propose the criteria and conditions for the use of areas which are indispensable to the security of the national territory and to express opinion on their actual use, especially on the boundary zone and on those related to the preservation and exploitation of natural resources of any kind;
IV - to study, propose and monitor the development of initiatives required to guarantee national independence and the defense of the democratic state. Paragraph 2 - The organization and the operation of the National Defense Council shall be regulated by law.


CHAPTER III
The Judicial Power

Section I
General Provisions

ARTICLE 92.- The following are the bodies of the Judicial Power:

I - the Supreme Federal Court;

II - the Superior Court of Justice;

III - the Federal Regional Courts and the Federal Judges;

IV - the Labour Courts and Judges;

V - the Electoral Courts and Judges;

VI - the Military Courts and Judges;

VII - the Courts and Judges of the states, of the Federal District and of the territories. Sole paragraph - The Supreme Federal Court and the Superior Courts have their seat in the Federal Capital and their jurisdiction over the entire Brazilian territory.

ARTICLE 93.- A supplementary law, proposed by the Supreme Federal Court, shall provide for the Statute of the Judicature, observing the following principles:

I - admission into the career, with the initial post of substitute judge, by means of a civil service entrance examination of tests and presentation of academic and professional credentials, with the participation of the Brazilian Bar Association in all phases, obeying the order of classification for appointments;

II - promotion from level to level, based on seniority and merit, alternately, observing the following rules:
a) the promotion of a judge who has appeared in a merit list for three consecutive times or for five alternate times is mandatory;
b) merit promotion requires two years in office in the respective level and that the judge should appear in the top fifth part of the seniority list of such level, unless no one satisfying such requirements is willing to accept the vacant post;
c) appraisal of merit according to the criteria of promptness and reliability in the exercise of the jurisdictional function and according to attendance and achievement in recognized improvement courses;
d) in determining seniority, the court may only reject the judge with the longest service by the vote of two-thirds of its members, according to a specific procedure, the voting being repeated until the selection is determined;

III - access to the courts of second instance shall obey seniority and merit, alternately, as determined at the last level, or if existing, at the Court of Appeals, in the case of promotion to the Court of Justice, in accordance with item II and the candidate's class of origin;

IV - provision of official courses for preparation and improvement of judges as requisites for admission and promotion in their careers;

V - the remuneration of judges shall be established with a difference of not more than ten per cent from one to another career category, and under no circumstances may such remuneration exceed that of the Justices of the Supreme Federal Court;

VI - retirement with full pay is compulsory upon disability or at seventy years of age, and optional after thirty years of service, after five years of effective activity in the judicature;

VII - a permanent judge shall reside in the respective judicial district;

VIII - the acts of removal, of placement on paid availability and of retirement of a judge, for public interest, shall be based on a decision by the vote of two-thirds of the respective court, full defense being ensured;

IX - all judgements of the bodies of the Judicial Power shall be public, and all decisions shall be justified, under penalty of nullity, and the law may, if the public interest so requires, limit attendance in given acts to the interested parties and their lawyers, or only to the latter;

X - the administrative decisions of the courts shall be supported by a recital, and disciplinary decisions shall be taken by the vote of the absolute majority of their members;

XI - in courts with more than twenty-five judges, a special body may be constituted, with a minimum of eleven and a maximum of twenty-five members, to exercise the administrative and jurisdictional duties which are under the powers of the full court.

ARTICLE 94.- One-fifth of the seats of the Federal Regional Courts, of the Courts of the States, and of the Federal District and the Territories shall be occupied by members of the Public Prosecution, with over ten years of office, and by lawyers of notable juridical learning and spotless reputation, with over ten years of effective professional activity, nominated in a list of six names by the entities representing the respective classes.

Sole paragraph - Upon receiving the nominations, the court shall organize a list of three names and shall send it to the Executive Power, which shall, within the subsequent twenty days, select one of the listed names for appointment.

ARTICLE 95.- Judges enjoy the following guarantees:

I - life tenure, which, at first instance, shall only be acquired after two years in office, loss of office being dependent, during this period, on deliberation of the court to which the judge is subject, and, in other cases, on a final and unappealable judicial decision;

II - irremovability, save for reason of public interest, under the terms of article 93, VIII;

III - irreducibility of pay, observing, as regards remuneration, the provisions of articles 37, XI, 150, II, 153, III, and 153, paragraph 2, I.

Sole paragraph - Judges are forbidden to:
I - hold, even when on paid availability, another office or position, except for a teaching position;
II - receive, on any account or for any reason, court costs or participation in a lawsuit;
III - engage in political or party activities.

ARTICLE 96.- It is of the exclusive competence of:

I - the courts:
a) to elect their directive bodies and to draw up their internal regulations, in compliance with the rules of proceedings and the procedural guarantees of the parties, and regulating the competence and the operation of the respective jurisdictional and administrative bodies;
b) to organize their secretariats and auxiliary services, as well as those of the tribunals connected with them, guaranteeing the exercise of the respective inspection activities;
c) to fill, under the terms of this Constitution, offices of career judges within their respective jurisdiction;
d) to propose the creation of new courts of first instance;
e) to fill, by means of a civil service entrance examination of tests, or of tests and presentation of academic and professional credentials, according to the provisions of article 169, sole paragraph, the offices required for the administration of justice, except for the positions of trust as defined in law;
f) to grant leave, vacations and other absences to their members and to the judges and employees who are immediately subordinated to them;

II - the Supreme Federal Court, the Superior Courts and the Courts of Justice, to propose to the respective Legislative Power, with due regard for the provisions of article 169:
a) alteration in the number of members of the lower courts;
b) creation and extinction of offices and establishment of pay for their members, for the judges, including those of the lower courts, if existing, for the auxiliary services and for the courts connected with them;
c) creation or extinction of inferior courts;
d) alteration of the judicial organization and division;

III - the Courts of Justice, to try judges of the states, of the Federal District and of the Territories, as well as members of the Public Prosecution, for common crimes and crimes of malversation, except in those cases within the competency of the Electoral Courts.

ARTICLE 97.- The courts may declare a law or a normative act of the Government unconstitutional only by the vote of the absolute majority of their members or of the members of the respective special body.

ARTICLE 98.- The Union, in the Federal District and in the territories, and the states shall create:

I - special courts, filled by togated judges, or by togated and lay judges, with powers for conciliation, judgement and execution of civil suits of lesser complexity and criminal offenses of lower offensive potential, by oral and summary proceedings, allowing, in the cases established in law, the settlement and judgement of appeals by panels of judges of first instance;

II - remunerated justice of peace, formed by citizens elected by direct, universal and secret vote, with a term of office of four years and competence to, under the terms of the law, perform marriages, examine qualification proceedings, ex officio or in view of the presentation of a challenge, and exercise conciliatory functions, of a non-jurisdictional nature, besides others established by law.

ARTICLE 99.- The Judicial Power is ensured of administrative and financial autonomy.

Paragraph 1 - The courts shall prepare their budget proposals, within the limits stipulated jointly with the other Powers in the law of budgetary directives.

Paragraph 2 - The proposal shall, after hearing the other interested courts, be forwarded:
I - at the federal level, by the presidents of the Supreme Federal Court and of the Superior Courts, with the approval of the respective courts;
II - at the level of the states and of the Federal District and the territories, by the presidents of the Courts of Justice, with the approval of the respective courts.

ARTICLE 100.- With the exception of alimony credits, payments owed by the federal, state or municipal treasuries, by virtue of a court decision, shall be made exclusively in chronological order of presentation of judicial requests and charged to the respective credits, it being forbidden to designate cases or persons in the budgetary appropriations and in the additional credits opened for such purpose.

Paragraph 1 - It is mandatory for the budgets of public entities to include the funds required for the payment of debts shown on the judicial requests presented until or on July 1, on which date their values shall be adjusted, and the payment shall be made before the end of the following fiscal year.

Paragraph 2 - The budgetary allocations and the credits opened shall be assigned to the Judicial Power, and the respective amounts shall be distributed to the competent departments, it being within the competence of the President of the Court which rendered the decision of execution to determine payment, according to the possibilities of the deposit, and to authorize, upon petition of a creditor and exclusively in the event that his right of precedence is not respected, seizure of the amount required to satisfy the debt.


Section II
The Supreme Federal Court

ARTICLE 101.- The Supreme Federal Court is composed of eleven Justices, chosen from among citizens over thirty-five and under sixty-five years of age, of notable juridical learning and spotless reputation.

Sole paragraph - The Justices of the Supreme Federal Court shall be appointed by the President of the Republic, after their nomination has been approved by the absolute majority of the Federal Senate.

*ARTICLE 102.- The Supreme Federal Court is responsible, essentially, for safeguarding the Constitution, and it is within its competence:

I - to institute legal proceeding and trial, in the first instance, of:
a) direct actions of unconstitutionality of a federal or state law or normative act, and declaratory actions of constitutionality of a federal law or normative act;
b) in common criminal offenses, the President of the Republic, the Vice-President, the members of the National Congress, its own Justices and the Attorney-General of the Republic;
c) in common criminal offenses and crimes of malversation, the Ministers of State, except as provided in article 52, I, the members of the Superior Courts, those of the Federal Court of Accounts and the heads of permanent diplomatic missions;
d) habeas corpus, when the petitioner is any one of the persons referred to in the preceding subitems; the writ of mandamus and habeas data against acts of the President of the Republic, of the Directing Boards of the Chamber of Deputies and of the Federal Senate, of the Federal Court of Accounts, of the Attorney-General of the Republic and of the Supreme Federal Court itself;
e) litigation between a foreign State or an international organization and the Union, a state, the Federal District or a territory;
f) disputes and conflicts between the Union and the states, the Union and the Federal District, or between one another, including the respective indirect administration bodies;
g) extradition requested by a foreign state;
h) homologation of foreign court decisions and the granting of exequatur to letters rogatory, which may be conferred by its internal regulations upon its President;
i) habeas corpus, when the constraining party or the petitioner is a court, authority or employee whose acts are directly subject to the jurisdiction of the Supreme Federal Court, or in the case of a crime, subject to the same jurisdiction in one sole instance;
j) criminal review of and rescissory action against its decisions;
l) claims for the preservation of its powers and guarantee of the authority of its decisions;
m) enforcement of court decisions in the cases where it has original competence, the delegation of duties to perform procedural acts being allowed;
n) a suit in which all members of the judicature are directly or indirectly involved, and a suit in which more than half of the members of the court of origin are disqualified or have a direct or indirect interest;
o) conflicts of powers between the Superior Court of Justice and any other courts, between Superior Courts, or betweeen the latter and any other court;
p) petitions of provisional remedy in direct actions of unconstitutionality;
q) writs of injunction, when drawing up of the regulation is the responsibility of the President of the Republic, of the National Congress, of the Chamber of Deputies, of the Federal Senate, of the Directing Boards of one of these legislative houses, of the Federal Court of Accounts, of one of the Superior Courts, or of the Supreme Federal Court itself;

II - to judge on ordinary appeal:
a) habeas corpus, writs of mandamus, habeas data and writs of injunction decided in a sole instance by the Superior Courts, in the event of a denial;
b) political crimes;

III - to judge, on extraordinary appeal, cases decided in a sole or last instance, when the decision appealed:
a) is contrary to a provision of this Constitution;
b) declares a treaty or a federal law unconstitutional;
c) considers valid a law or act of a local government contested in the light of this Constitution.

Paragraph 1 - A claim of non-compliance with a fundamental precept deriving from this Constitution shall be examined by the Supreme Federal Court, under the terms of the law.

Paragraph 2 - Final decisions on merits, pronounced by the Supreme Federal Court, in declaratory actions of constitutionality of a federal law or normative act, shall have force against all, as well as a binding effect, as regards the other bodies of the Judicial Power, as well as the Executive Power.

* CA 3/93.

*ARTICLE 103.- The following may file an action of unconstitutionality:

I - the President of the Republic;

II - the Directing Board of the Federal Senate;

III - the Directing Board of the Chamber of Deputies;

IV - the Directing Board of a State Legislative Assembly;

V - a State Governor;

VI - the Attorney-General of the Republic;

VII - the Federal Council of the Brazilian Bar Association;

VIII - a political party represented in the National Congress;

IX - a confederation of labour unions or a professional association of a nationwide nature.

Paragraph 1 - The Attorney-General of the Republic shall be previously heard in actions of unconstitutionality and in all suits under the power of the Supreme Federal Court.

Paragraph 2 - When unconstitutionality is declared on account of lack of a measure to render a constitutional provision effective, the competent Power shall be notified for the adoption of the necessary actions and, in the case of an administrative body, to do so within thirty days.

Paragraph 3 - When the Supreme Federal Court examines the unconstitutionality in abstract of a legal provision or normative act, it shall first summon the Advocate-General of the Union, who shall defend the impugned act or text.

Paragraph 4 - A declaratory action of constitutionality may be filed by the President of the Republic, the Directing Board of the Federal Senate, the Directing Board of the Chamber of Deputies or by the Attorney-General of the Republic.

* CA 3/93.


Section III
The Superior Court of Justice

ARTICLE 104.- The Superior Court of Justice is composed of a minimum of thirty-three Justices.

Sole paragraph - The Justices of the Superior Court of Justice shall be appointed by the President of the Republic, chosen from among Brazilians over thirty-five and under sixty-five years of age, of notable juridical learning and spotless reputation, after the nomination has been approved by the Federal Senate, as follows:
I - one-third shall be chosen from among judges of the Federal Regional Courts and one-third from among judges of the Courts of Justice, nominated in a list of three names prepared by the Court itself;
II - one-third, in equal parts, shall be chosen from among lawyers and members of the Federal Public Prosecution, the Public Prosecution of the states, the Public Prosecution of the Federal District and the Territories, alternately, nominated under the terms of article 94.

ARTICLE 105.- The Superior Court of Justice has the competence to:

I - institute legal proceeding and trial, in the first instance, of:
a) in common crimes, the Governors of the states and of the Federal District, and, in such crimes and in crimes of malversation, the judges of the Courts of Justice of the states and of the Federal District, the members of the Courts of Accounts of the states and of the Federal District, those of the Federal Regional Courts, of the Regional Electoral and Labour Courts, the members of Councils or Courts of Accounts of the municipalities and the members of the Public Prosecution of the Union who act before courts;
b) writs of mandamus and habeas data against an act of a Minister of State or of the Court itself;
c) habeas corpus, when the constraining party or the petitioner is any of the persons mentioned in subitem a, or when the constraining party is a Minister of State, except for the competence of the Electoral Courts;
d) conflicts of competence between any courts, except as provided in article 102, I, o, as well as between a court and the judges not subject to it and between judges subject to different courts;
e) criminal review of and the rescissory actions against its decisions;
f) claims for the preservation of its competence and guarantee of the authority of its decisions;
g) conflicts of duties between administrative and judicial authorities of the Union, or between judicial authorities of one state and administrative authorities of another or of the Federal District, or between those of the latter and those of the Union;
h) writs of injunction, when the drawing up of a regulation is the responsibility of a federal body, entity, or authority, of the direct or indirect administration, with the exception of the cases within the competence of the Supreme Federal Court and of the bodies of the Military Justice, of the Electoral Justice, of the Labour Justice and of the Federal Justice;

II - judge, on ordinary appeal:
a) habeas corpus decided in a sole or last instance by the Federal Regional Courts or by the courts of the states, of the Federal District and the Territories, in the event of a denial;
b) writs of mandamus decided in a sole instance by the Federal Regional Courts or by the courts of the states, of the Federal District and the Territories, in the event of a denial;
c) cases in which the parties are a foreign state or international organization, on the one part, and a municipality or a person residing or domiciled in the country, on the other part;

III - judge, on special appeal, the cases decided, in a sole or last instance, by the Federal Regional Courts or by the courts of the states, of the Federal District and the Territories, when the decision appealed:
a) is contrary to a treaty or a federal law, or denies it effectiveness;
b) considers valid a law or act of a local government contested in the light of a federal law;
c) confers upon a federal law an interpretation different from that which has been conferred upon it by another court.

Sole paragraph - The Council of Federal Justice shall operate at the Superior Court of Justice, and it shall, under the terms of the law, exercise administrative and budgetary supervision over the Federal Courts of first and second instances.


Section IV
The Federal Regional Courts and the Federal Judges

ARTICLE 106.- The following are the bodies of Federal Justice:

I - the Federal Regional Courts;

II - the Federal Judges.

ARTICLE 107.- The Federal Regional Courts are composed of a minimum of seven judges, selected, whenever possible, in the respective region and nominated by the President of the Republic from among Brazilians over thirty and under sixty-five years of age, as follows:

I - one-fifth shall be chosen from among lawyers effectively practicing their professional activity for more than ten years and from among members of the Federal Public Prosecution, with over ten years of service;

II - the others, by means of promotion of federal judges with over five years in office, for seniority and merit, alternately.

Sole paragraph - A law shall regulate the removal or exchange of judges of the Federal Regional Courts and shall determine their jurisdiction and seat.

ARTICLE 108.- The Federal Regional Courts have the competence to:

I - institute legal proceeding and trial, in the first instance, of:
a) federal judges within the area of their jurisdiction, including those of the Military and Labour Courts, in common crimes and crimes of malversation, and the members of the Public Prosecution of the Union, except for the competence of the Electoral Courts;
b) criminal reviews and the rescissory actions against their decisions or decisions of the federal judges of the region;
c) writs of mandamus and habeas data against an act of the Court itself or of a federal judge;
d) habeas corpus, when the constraining authority is a federal judge;
e) conflicts of competence between federal judges subject to the Court;

II - judge, at the level of appeal, cases decided by federal judges and by state judges in the exercise of the federal competence within the area of their jurisdiction.

ARTICLE 109.- The federal judges have the competence to institute legal proceeding and trial of:

I - cases in which the Union, an autonomous government agency or a federal public company have an interest as plaintiffs, defendants, privies or interveners, with the exception of cases of bankruptcy, of job-related accidents, and of those subject to the Electoral and Labour Courts;

II - cases between a foreign state or international organization and a municipality or a person domiciled or residing in the country;

III - cases based on a treaty or a contract between the Union and a foreign State or international organization;

IV - political crimes and criminal offenses committed against the assets, services or an interest of the Union or of its autonomous agencies or public companies, excluding misdemeanours and excepting the competence of the Military and Electoral Courts;

V - crimes covered by an international treaty or convention, when, the prosecution having started in the country, the result has taken place or should have taken place abroad, or conversely;

VI - crimes against the organization of labour and, in the cases determined by law, those against the financial system and the economic and financial order;

VII - habeas corpus, in criminal matters within their competence or when the coercion is exercised by an authority whose acts are not directly subject to another jurisdiction;

VIII - writs of mandamus and habeas data against an act of a federal authority, except for the cases within the competence of the federal courts;

IX - crimes committed aboard ships or aircrafts, excepting the competence of the Military Courts;

X - crimes or irregular entry or stay of a foreigner, execution of letters rogatory, after exequatur, and of foreign court decisions, after homologation, cases related to nationality, including the respective option, and to naturalization;

XI - disputes over the rights of Indians.

Paragraph 1 - Cases in which the Union is the plaintiff shall be instituted in the judicial section where the other party is domiciled.

Paragraph 2 - Cases brought against the Union may be instituted in the judicial section where the plaintiff is domiciled, or where the act or fact giving rise to the suit occurred or where the item is located, or further, in the Federal District.

Paragraph 3 - Cases in which the parties are a social security institution and its beneficiary shall undergo legal proceeding and trial in the state courts, in the forum of the domicile of the beneficiaries or insured participants, whenever the district is not the seat of a federal court of first instance, in which case the law may allow other cases to be also processed and judged by the state courts.

Paragraph 4 - In the event of the preceding paragraph, the appropriate appeal shall always be taken to the Federal Regional Court within the area of jurisdiction of a judge of first instance.

ARTICLE 110.- Each state, as well as the Federal District, shall be a judicial section, which shall have its seat in the respective capital, and there shall be courts of first instance located where established in law.

Sole paragraph - In the Federal Territories, the jurisdiction and duties attributed to federal judges shall be within the competence of the judges of the local justice, under the terms of the law.


Section V
Labour Courts and Judges

ARTICLE 111.- The following are the bodies of Labour Justice:

I - the Superior Labour Court;

II - the Regional Labour Courts;

III - the Boards of Conciliation and Judgement.

Paragraph 1 - The Superior Labour Court shall be composed of twenty-seven Justices, chosen from among Brazilians over thirty-five and under sixty-five years of age, appointed by the President of the Republic after approval by the Federal Senate, as follows:
I - seventeen tenured togated judges, of which eleven shall be chosen from among career labour judges, three from among lawyers and three from among members of the Labour Public Prosecution;
II - ten temporary judges, representing professional categories, with parity of representation of employees and employers.

Paragraph 2 - The Court shall forward lists of three names to the President of the Republic, observing, as regards the vacancies intended for lawyers and for members of the Public Prosecution, the provisions of article 94, and, as regards temporary judges, the result of the appointment by an electoral college composed of the boards of directors of the national confederations of workers or employers, as the case may be; the lists of three names for the filling of the offices intended for career labour judges shall be prepared by the tenured togated Justices.

Paragraph 3 - The law shall make provisions for the powers of the Superior Labour Court.

ARTICLE 112.- There shall be at least one Regional Labour Court in each state and in the Federal District, and the law shall institute the Boards of Conciliation and Judgement, allowing, in districts where such boards are not instituted, for the attribution of their jurisdiction to judges.

ARTICLE 113.- The law shall regulate the constitution, installation, jurisdiction, powers, guarantees and conditions of exercise of the bodies of Labour Justice, preserving the parity of representation of workers and employers.

ARTICLE 114.- The Labour Justice has the power to conciliate and judge individual and collective disputes between workers and employers, comprising entities of public international law and of the direct and indirect public administration of the municipalities, of the Federal District, of the states and of the Union, and, under the terms of the law, other disagreements arising from labour relations, as well as litigations which originate in the compliance with its own decisions, including those of a collective nature.

Paragraph 1 - If collective negotiations are unsuccessful, the parties may elect arbitrators.

Paragraph 2 - If any of the parties refuses negotiation or arbitration, the respective unions may file a collective labour suit, and Labour Courts may establish regulations and conditions, respecting the minimum conventional and legal provisions for the protection of labour.

ARTICLE 115.- The Regional Labour Courts shall be composed of judges apppointed by the President of the Republic, two-thirds of which shall be tenured togated judges and one-third shall be temporary judges representing professional categories, observing, among togated judges, the proportions established in article 111, paragraph 1, I.

Sole paragraph - The judges of the Regional Labour Courts shall be:
I - labour judges, chosen by promotion, alternately, for seniority and merit;
II - lawyers and members of the Labour Public Prosecution, observing the provisions of article 94;
III - temporary judges nominated in lists of three names by the boards of direction of the federations and labour unions having their territorial base in the region.

ARTICLE 116.- A Board of Conciliation and Judgement shall be composed of a labour judge, who shall preside over it, and of two temporary judges representing employees and employers.

Sole paragraph - The temporary judges of the Boards of Conciliation and Judgement shall be appointed by the President of the Regional Labour Court, under the terms of the law, with one renomination being allowed.

ARTICLE 117.- The term of office of the temporary judges in all instances is three years.

Sole paragraph - The temporary judges shall have substitutes.


Section VI
Electoral Courts and Judges

ARTICLE 118.- The following are the bodies of Electoral Justice:

I - the Superior Electoral Court;

II - the Regional Electoral Courts;

III - the Electoral Judges;

IV - the Electoral Boards.

ARTICLE 119.- The Superior Electoral Court shall be composed of a minimum of seven members chosen:

I - through election, by secret vote:
a) three judges from among the Justices of the Supreme Federal Court;
b) two judges from among the Justices of the Superior Court of Justice;

II - through appointment by the President of the Republic, two judges from among six lawyers of notable juridical learning and good moral repute, nominated by the Supreme Federal Court.

Sole paragraph - The Superior Electoral Court shall elect its President and Vice-President from among the Justices of the Supreme Federal Court, and its Electoral Corregidor from among the Justices of the Superior Court of Justice.

ARTICLE 120.- There shall be a Regional Electoral Court in the capital of each state and in the Federal District.

Paragraph 1 - The Regional Electoral Courts shall be composed:
I - through election, by secret vote:
a) of two judges chosen from among the judges of the Court of Justice;
b) of two judges chosen by the Court of Justice from among court judges;
II - of a judge of the Federal Regional Court with its seat in the capital of a state or in the Federal District, or, in the absence thereof, of a federal judge chosen in any case by the respective Federal Regional Court;
III - through appointment by the President of the Republic, of two judges nominated by the Court of Justice from among six lawyers of notable juridical learning and good moral repute.

Paragraph 2 - The Regional Electoral Court shall elect its President and Vice-President from among its judges.

ARTICLE 121.- A supplementary law shall provide for the organization and competence of the electoral courts, judges and boards.

Paragraph 1 - The members of the courts, the court judges and the members of the electoral boards, while in office and insofar as applicable to them, shall enjoy full guarantees and shall be non-removable.

Paragraph 2 - The Judges of the Electoral Courts, except for a justified reason, shall serve for a minimum of two years, and never for more than two consecutive two-year periods, and their substitutes shall be chosen at the same time and through the same procedure, in equal numbers for each category.

Paragraph 3 - The decisions of the Superior Electoral Court are unappealable, save those which are contrary to this Constitution and those denying habeas corpus or writs of mandamus.

Paragraph 4 - Decisions of the Regional Electoral Courts may only be appealed against when:
I - they are rendered against an express provision of this Constitution or of a law;
II - there is a divergence in the interpretation of a law between two or more electoral courts;
III - they relate to ineligibility or issuance of certificates of electoral victory in federal or state elections;
IV - they annul certificates of electoral victory or decree the loss of federal or state elective offices;
V - they deny habeas corpus, writs of mandamus, habeas data or writs of injunction.


Section VII
Military Courts and Judges

ARTICLE 122.- The following are the bodies of Military Justice:

I - the Superior Military Court;

II - the Military Courts and Judges instituted by law.

ARTICLE 123.- The Superior Military Court shall be composed of fifteen life Justices, appointed by the President of the Republic, after their nomination has been approved by the Federal Senate, three of which shall be chosen from among General officers of the Navy, four from among General officers of the Army, three from among General officers of the Air Force, all of them in active service and in the highest rank of the career, and five from among civilians.

Sole paragraph - The civil justices shall be chosen by the President of the Republic from among Brazilians over thirty-five years of age, as follows:
I - three from among lawyers of notable juridical learning and spotless conduct, with over ten years of effective professional activity;
II - two, by equal choice, from among auditor judges and members of the Public Prosecution of the Military Justice.

ARTICLE 124.- The Military Courts have the competence to carry out legal proceeding and trial of the military crimes defined by law.

Sole paragraph - The law shall make provisions for the organization, operation and competence of the Military Courts.


Section VIII
Courts and Judges of the States

ARTICLE 125.- The states shall organize their judicial system, observing the principles established in this Constitution.

Paragraph 1 - The competence of the courts shall be defined in the Constitution of the state, and the law of judicial organization shall be the initiative of the Court of Justice.

Paragraph 2 - The states have the competence to institute actions of unconstitutionality of state or municipal laws or normative acts in the light of the Constitution of the state, it being forbidden to attribute legitimation to act to a sole body.

Paragraph 3 - By proposal of the Court of Justice, a state law may create the state Military Justice, constituted, at first instance, by the Councils of Justice and, at second instance, by the Court of Justice itself, or by the Court of Military Justice in those states in which the military police troops count more than twenty thousand members.

Paragraph 4 - The state Military Courts have the competence to institute legal proceeding and trial of military policemen and military firemen for the military crimes defined in law, and the competent court shall decide upon the loss of post or rank of officers and of the grade of servicemen.

ARTICLE 126.- For the settlement of conflicts relating to land property, the Court of Justice shall designate special level judges, with exclusive competence for agrarian matters.

Sole paragraph - Whenever efficient jurisdictional service requires it, the judge shall go personally to the site of the litigation.


CHAPTER IV
The Functions Essential to Justice

Section I
The Public Prosecution

ARTICLE 127.- The Public Prosecution is a permanent institution, essential to the jurisdictional function of the State, and it is its duty to defend the juridical order, the democratic regime and the inalienable social and individual interests.

Paragraph 1 - Unity, indivisibility and functional independence are institutional principles of the Public Prosecution.

Paragraph 2 - The Public Prosecution is ensured of functional and administrative autonomy, and it may, observing the provisions of article 169, propose to the Legislative Power the creation and extinction of its offices and auxiliary services, filling them through a civil service entrance examination of tests or of tests and presentation of academic and professional credentials; the law shall provide for its organization and operation.

Paragraph 3 - The Public Prosecution shall prepare its budget proposal within the limits established in the law of budgetary directives.

ARTICLE 128.- The Public Prosecution comprises:

I - the Public Prosecution of the Union, which includes:
a) the Federal Public Prosecution;
b) the Labour Public Prosecution;
c) the Military Public Prosecution;
d) the Public Prosecution of the Federal District and the Territories;

II - the Public Prosecutions of the states.

Paragraph 1 - The head of the Public Prosecution of the Union is the Attorney-General of the Republic, appointed by the President of the Republic from among career members over thirty-five years of age, after his name has been approved by the absolute majority of the members of the Federal Senate, for a term of office of two years, reappointment being allowed.

Paragraph 2 - The removal of the Attorney-General of the Republic, on the initiative of the President of the Republic, shall be subject to prior authorization by the absolute majority of the Federal Senate.

Paragraph 3 - The Public Prosecutions of the states, of the Federal District and the Territories shall prepare a list of three names from among career members, under the terms of the respective law, for the selection of their Attorney-General, who shall be appointed by the Head of the Executive Power for a term of office of two years, one reappointment being allowed.

Paragraph 4 - The Attorneys-General in the states, in the Federal District and the Territories may be removed from office by deliberation of the absolute majority of the Legislative Power, under the terms of the respective supplementary law.

Paragraph 5 - Supplementary laws of the Union and of the states, which may be proposed by the respective Attorneys-General, shall establish the organization, the duties and the statute of each Public Prosecution, observing, as regards their members:
I - the following guarantees:
a) life tenure, after two years in office, with loss of office only by a final and unappealable judicial decision;
b) irremovability, save for reason of public interest, through decision of the competent collegiate body of the Public Prosecution, by the vote of two-thirds of its members, full defense being ensured;
c) irreducibility of pay, observing, as regards the remuneration, the provisions of articles 37, XI, 150, II, 153, III, 153, paragraph 2, I;
II - the following prohibitions:
a) receiving, on any account or for any reason, fees, percentages or court costs;
b) practicing the legal profession;
c) participating in a commercial company, under the terms of the law;
d) exercising, even when on paid availability, any other public function, except for a teaching position;
e) engaging in political or party activities, save for the exceptions established in the law.

ARTICLE 129.- The following are institutional functions of the Public Prosecution:

I - to initiate, exclusively, public criminal prosecution, under the terms of the law;

II - to ensure effective respect by the Public Authorities and by the services of public relevance for the rights guaranteed in this Constitution, taking the action required to guarantee such rights;

III - to institute civil investigation and public civil suit to protect public and social property, the environment and other diffuse and collective interests;

IV - to institute action of unconstitutionality or representation for purposes of intervention by the Union or by the states, in the cases established in this Constitution;

V - to defend judicially the rights and interests of the Indian populations;

VI - to issue notifications in administrative procedures within its competence, requesting information and documents to support them, under the terms of the respective supplementary law;

VII - to exercise external control over police activities, under the terms of the supplementary law mentioned in the previous article;

VIII - to request investigatory procedures and the institution of police investigation, indicating the legal grounds of its procedural acts;

IX - to exercise other functions which may be conferred upon it, provided that they are compatible with its purpose, with judicial representation and judicial consultation for public entities being forbidden.

Paragraph 1 - Legitimation by the Public Prosecution for the civil actions set forth in this article shall not preclude those of third parties in the same cases, according to the provisions of this Constitution and of the law.

Paragraph 2 - The functions of Public Prosecution may only be exercised by career members, who must reside in the judicial district of their respective assignment.

Paragraph 3 - Admission into the career shall take place by means of a civil service entrance examination of tests and presentation of academic and professional credentials, ensuring participation by the Brazilian Bar Association in such examination, and observing, for appointment, the order of classification.

Paragraph 4 - The provisions of article 93, II and VI shall apply to the Public Prosecution, where appropriate.

ARTICLE 130.- The provisions of this section concerning rights, prohibitions and form of investitute apply to the members of the Public Prosecution before the Courts of Accounts.


Section II
The Advocacy-General of the Union

ARTICLE 131.- The Advocacy-General of the Union is the institution which, either directly or through a subordinated agency, represents the Union judicially or extrajudicially, and it is responsible, under the terms of the supplementary law which provides for its organization and operation, for the activities of judicial consultation and assistance to the Executive Power.

Paragraph 1 - The Advocacy-General of the Union is headed by the Advocate-General of the Union, freely appointed by the President of the Republic from among citizens over thirty-five years of age, of notable juridical learning and spotless reputation.

Paragraph 2 - Admission into the initial classes of the careers of the institution dealt with in this article shall take place by means of a civil service entrance examination of tests and presentation of academic and professional credentials.

Paragraph 3 - In the execution of receivable taxes of a tributary nature, the Union shall be represented by the office of the Attorney-General of the Public Finances, observing the provisions of the law.

ARTICLE 132.- The Prosecutors of the states and of the Federal District shall exercise judicial representation and judicial consultation for their respective federated units, organized in a career, admission into which shall depend on a civil service entrance examination of tests and presentation of academic and professional credentials, observing the provisions of article 135.-


Section III
The Public Advocacy and the Public Legal Defense

ARTICLE 133.- The lawyer is indispensable to the administration of justice and is inviolable for his acts or manifestations in the exercise of his profession, within the limits of the law.

ARTICLE 134.- The Public Legal Defense is an essential institution to the jurisdictional function of the State and is responsible for the judicial guidance and the defense, in all levels, of the needy, under the terms of article 5, LXXIV.

Sole paragraph - A supplementary law shall organize the Public Legal Defense of the Union, of the Federal District and the Territories and shall prescribe general rules for its organization in the states, into career offices filled, in the initial class, by means of a civil service entrance examination of tests and presentation of academic and professional credentials, with the guarantee of irremovability being ensured to its members and the practice of advocacy beyond the institutional attributions being forbidden.

ARTICLE 135.- The principle of article 37, XII, and article 39, paragraph 1 apply to the careers regulated in this title.