Constitution

Brazil 1988 Constitution (reviewed 2017)

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TITLE III. ORGANIZATION OF THE STATE

CHAPTER I. POLITICAL-ADMINISTRATIVE ORGANIZATION

Article 18

The political and administrative organization of the Federative Republic of Brazil includes the Union, States, Federal District, and Counties, all autonomous, as provided for in this Constitution.

  1. The federal capital is Brasília.
  2. Federal Territories are part of the Union, and their creation, transformation into States, or re-integration into their State of origin shall be regulated by complementary law.
  3. States may merge into each other, subdivide, or split in order to be annexed to others, or form new States or Federal Territories, with the approval of the population directly interested through a plebiscite, and the approval of the National Congress through a complementary law.
  4. The creation, incorporation, merger and subdivision of Counties shall be done by state law, within the period determined by complementary federal law, and shall depend upon prior consultation, via plebiscite, with populations of the Counties involved, after divulging the County Feasibility Studies, presented and publicized as provided by law.

Article 19

The Union, States, Federal District and Counties are forbidden to:

  1. establish religions or churches, subsidize them, hinder their functioning, or maintain dependent relations or alliances with them or their representatives, with the exception of collaboration in the public interest, as provided by law;
  2. refuse to honor public documents;
  3. create distinctions or preferences among Brazilians.

CHAPTER II. THE UNION

Article 20

The following constitute property of the Union:

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  1. property presently belonging to it, as well as that which may be granted to it;
  2. unoccupied lands essential to defense of frontiers, military fortifications and constructions, federal communication and environmental preservation routes, as defined by law;
  3. lakes, rivers and any watercourses on lands that it owns; interstate waters; waters that serve as borders with other countries; waters that extend into or come from a foreign territory; as well as the bordering lands and river beaches;
  4. islands in rivers and in lakes in zones bordering other countries, ocean beaches, islands in the ocean and offshore, excluding from the latter areas containing the County seats, with the exception of those areas affected by public service and the federal environmental unit, and the areas referred to in art. 26, II;
  5. natural resources of the continental shelf and the exclusive economic zone;
  6. territorial seas;
  7. tidal lands and those added by accretion;
  8. potential hydraulic energy sites;
  9. mineral resources, including those in the subsoil;
  10. natural subterranean cavities and archeological and pre-historic sites;
  11. lands traditionally occupied by Indians.
  1. The States, Federal District and Counties, as well as agencies of direct administration of the Union, are assured, as provided by law, participation in the results of exploitation of petroleum or natural gas, hydraulic energy resources, and other mineral resources in their respective territories, continental shelf, territorial sea or exclusive economic zone, or financial compensation for such exploitation.
  2. A strip with a width of up to one hundred and fifty kilometers along the territorial borders, designated as a frontier zone, is considered fundamental for defense of the national territory, and the occupation and use thereof shall be regulated by law.

Article 21

The Union shall have the power to:

  1. maintain relations with foreign States and participate in international organizations;
  2. declare war and make peace;
  3. assure national defense;
  4. permit foreign forces, in cases provided for in complementary law, transit through national territory or to remain therein temporarily;
  5. decree a state of siege, state of defense and federal intervention;
  6. authorize and supervise the production and commerce in war materials;
  7. issue currency;
  8. administer the Country’s foreign exchange reserves and supervise financial transactions, especially credit, exchange, and capitalization, as well as insurance and private pension plans;
  9. prepare and execute national and regional plans for ordering the territory and for economic and social development;
  10. maintain the postal service and national air mail;
  11. operate, either directly or through authorization, concession, or permit, telecommunication services, as set forth by a law that shall provide for the organization of the services, the creation of a regulatory agency and other institutional aspects;
  12. operate, either directly or through authorization, concession or permit:
    1. the services of broadcasting sound and images with sound;
    2. services and installations of electric energy and utilization of hydroelectric power, in cooperation with the States in which the potential hydroelectric sites are located;
    3. air and aerospace navigation and airport infrastructure;
    4. railway and waterway transportation services among Brazilian ports and national frontiers, or that cross State or Territorial boundaries;
    5. passenger services for interstate and international highway transportation;
    6. sea, river and lake ports;
  13. organize and maintain the Judiciary, Public Ministry of the Federal District and the Territories, and the Public Defender’s Office of the Territories;
  14. organize and maintain the civil police, military police and military fire brigades of the Federal District, as well as provide financial assistance to the Federal District for performance of public services, by means of a particular fund;
  15. organize and maintain official national statistical, geographical, geological and mapping services;
  16. classify, for purposes of viewer discretion, public amusements and radio and television programs;
  17. grant amnesty;
  18. plan and promote permanent defenses against public disasters, especially droughts and floods;
  19. establish a national system for management of water resources and define criteria for granting rights for their use;
  20. establish directives for urban development, including housing, basic sanitation and urban transportation;
  21. establish principles and directives for the national transportation system;
  22. operate maritime, airport and border police services;
  23. operate nuclear services and installations of any nature and exercise governmental monopolies over research, mining, enrichment, reprocessing, industrialization, and commerce in nuclear ores and their by-products, in accordance with the following principles and conditions:
    1. all nuclear activity within the national territory shall be allowed for peaceful purposes and shall be subject to approval by the National Congress;
    2. marketing and utilization of radioisotopes for research and medical, agricultural and industrial use are authorized under a permit regime;
    3. production, marketing and utilization of radioisotopes with a half-life equal to or less than two hours are authorized under a permit regime;
    4. civil liability for nuclear damages does not depend on the existence of fault;
  24. organize, maintain and perform inspections of working conditions;
  25. establish the areas and conditions for conduct of prospecting and placer mining in the form of associations.

Article 22

The Union has exclusive power to legislate with respect to:

  1. civil, commercial, penal, procedural, electoral, agrarian, maritime, aeronautical, space and labor law;
  2. expropriation;
  3. civilian and military requisitioning, in the event of imminent danger and in wartime;
  4. waters, energy, informatics, telecommunications and radio broadcasting;
  5. the postal service;
  6. the monetary system, measuring systems and certifications and guarantees of metals;
  7. policies of credit, foreign exchange, insurance and transfer of securities;
  8. foreign and interstate commerce;
  9. directives of national transportation policy;
  10. regime of the ports and lake, river, ocean, air and aerospace navigation;
  11. transit and transportation;
  12. mineral deposits, mines, mineral resources and metallurgy;
  13. nationality, citizenship and naturalization;
  14. indigenous populations;
  15. emigration, immigration, entry, extradition and expulsion of foreigners;
  16. organization of the national employment system and conditions for professional practice;
  17. organization of the Judiciary and the Public Ministry of the Federal District and of the Territories, and the Public Defender’s Office of the Territories, as well as their administrative organization;
  18. national systems of statistics, mapping and geology;
  19. systems of savings, as well as obtaining and guaranteeing popular savings;
  20. systems of consórcios and lotteries;
  21. general rules of organization, personnel, war materials, guarantees, enlistment and mobilization of the military police and military fire brigades;
  22. jurisdiction of the federal police and the federal highway and railway police;
  23. social security;
  24. directives and bases for national education;
  25. public registries;
  26. nuclear activities of any nature;
  27. general rules for all types of bidding and contracting for direct public administration, autarchies and foundations of the Union, States, Federal District and Counties, obeying the provision of art. 37, XXI, and for public companies and mixed-capital companies, as provided for in art. 173, § 1°, III;
  28. territorial defense, aerospace defense, maritime defense, civil defense and national mobilization;
  29. commercial advertising.

Sole Paragraph

Complementary law may authorize the States to legislate on specific questions relating to matters covered in this article.

Article 23

The Union, States, Federal District and Counties, shall have joint powers to:

  1. ensure that the Constitution, the laws and the democratic institutions are observed and that public patrimony is preserved;
  2. safeguard public health, public assistance, and the protection and guaranty of handicapped persons;
  3. protect documents, works, and other assets of historic, artistic, and cultural value, monuments, remarkable natural landscapes and archeological sites;
  4. prevent the loss, destruction, or changing of the characteristics of works of art and other goods of historic, artistic or cultural value;
  5. furnish means of access to culture, education, science, technology, research, and innovation;
  6. protect the environment and combat pollution in any of its forms;
  7. preserve the forests, fauna and flora;
  8. promote agricultural and livestock production and organize the food supply;
  9. promote programs for construction of housing and improvement of conditions of living and basic sanitation;
  10. combat the causes of poverty and the factors of marginalization, promoting the social integration of the underprivileged sectors;
  11. register, monitor and supervise concessions of rights to research and exploit water and mineral resources within their territories;
  12. establish and implement an educational policy for traffic safety.

Sole Paragraph

Complementary laws shall establish rules for cooperation among the Union, States, Federal District and Counties, aimed at balanced development and well-being on a nation-wide basis.

Article 24

The Union, States and Federal District shall have concurrent power to legislate on:

  1. tax, financial, penitentiary, economic and urban planning law;
  2. the budget;
  3. commercial registries;
  4. costs of forensic services;
  5. production and consumption;
  6. forests, hunting, fishing, fauna, preservation of nature, defense of the soil and natural resources, protection of the environment and pollution control;
  7. protection of the historic, cultural, artistic, touristic, and scenic patrimony;
  8. liability for damages to the environment, consumers, property and rights of artistic, aesthetic, historic, tourist, and scenic value;
  9. education, culture, teaching, sports, science, technology, research, development, and innovation;
  10. creation, operation and procedures of small claims courts;
  11. court procedures;
  12. social security and protection and defense of health;
  13. legal assistance and public defense;
  14. protection and social integration of handicapped persons;
  15. protection of childhood and youth;
  16. organization, guarantees, rights and duties of the civil police.
  1. Within the scope of concurrent legislation, the Union’s powers shall be limited to establishing general rules.
  2. The power of the Union to legislate with respect to general rules does not preclude supplementary powers of the States.
  3. If there is no federal law with respect to general rules, the States shall exercise full legislative powers to provide for their own peculiarities.
  4. The supervention of a federal law over general rules suspends the effectiveness of a State law, to the extent that it is contrary to the Federal Law.

CHAPTER III. THE FEDERATED STATES

Article 25

The States are organized and governed by the Constitutions and laws that they may adopt, observing the principles of this Constitution.

  1. Powers not forbidden to them by this Constitution are reserved to the States.
  2. It is incumbent upon the States to operate, directly or through concessions, local services of piped gas, as provided by law. Issuance of a provisional measure for its regulation is prohibited.
  3. The States may, by means of complementary law, create metropolitan regions, urban clusters and micro-regions, formed by grouping neighboring municipalities, in order to integrate the organization, planning and operation of public functions of common interest.

Article 26

The property of the States includes:

  1. surface or underground waters, whether flowing, emerging or in reservoirs, with the exception, in the latter case, as provided by law, of those resulting from works carried out by the Union;
  2. ocean and coastal island areas that are under their dominion, excluding those under the dominion of the Union, counties or third parties;
  3. river and lake islands that do not belong to the Union;
  4. vacant government lands not included among those belonging to the Union.

Article 27

The number of Representatives in the State Legislative Assembly shall be three times the representation of the State in the Chamber of Deputies and, upon reaching thirty-six, the number shall be increased by as many Representatives as the number of Federal Deputies exceeding twelve.

  1. The mandate of State Representatives shall be four years, and the provisions of this Constitution regarding the electoral system, inviolability, immunities, remuneration, loss of mandate, leaves of absence, impediments and enlisting in the Armed Forces shall apply to them.
  2. The fixed compensation (súbsidio) of State Representatives shall be set by law at the initiative of the Legislative Assembly, at a maximum of seventy-five percent of that established, in specie, for Federal Deputies, observing what has been provided for in articles 39, § 4°, 57, § 7°, 150, II, 153, III, and 153, § 2°, I.
  3. The Legislative Assemblies have the power to determine their internal rules, police and administrative services of their secretariat, and to fill the respective offices.
  4. The law shall provide for popular initiative in State legislative processes.

Article 28

The election of the State Governor and Lieutenant Governor, for a mandate of four years, shall be held on the first Sunday of October for the first round, and, if there should be a second round, on the last Sunday of October of the year before the end of their predecessors’ mandate, and they shall take office on January first of the subsequent year, observing as well the provisions of Article 77.

  1. A Governor who assumes another office or position of direct or indirect public administration shall lose his office, except for offices held by virtue of a public competitive examination and observing the provisions of art. 38, I, IV and V.
  2. The fixed compensation of the Governor, Lieutenant Governor and Secretaries of State shall be set by law at the initiative of the Legislative Assembly, observing what is provided for in articles 37, XI, 39, § 4°, 150, II, 153, III and 153, § 2°, I.

CHAPTER IV. THE COUNTIES

Article 29

Counties shall be governed by an organic law, voted in two rounds, with a minimum interval of ten days between each, and approved by two-thirds of the members of the county legislature, which shall promulgate it, observing the principles established in this Constitution, the respective State Constitution and the following precepts:

  1. election of the Prefect, Vice-Prefect and Aldermen, for a term of office of four years, through direct and simultaneous elections held throughout the entire Country;
  2. election of the Prefect and the Vice-Prefect held on the first Sunday of October of the year prior to the termination of their predecessors’ mandate, applying the provisions of art. 77 to Counties with more than two hundred thousand voters;
  3. investiture of the Prefect and of the Vice-Prefect on January 1st of the year subsequent to the election;
  4. in the composition of County Legislatures the following maximum limits shall be observed:
    1. 9 (nine) Aldermen in Counties with up to 15,000 (fifteen thousand) inhabitants;
    2. 11 (eleven) Aldermen in Counties with more than 15,000 (fifteen thousand) and up to 30,000 (thirty thousand) inhabitants;
    3. 13 (thirteen) Aldermen in Counties with more than 30,000 (thirty thousand) and up to 50,000 (fifty thousand) inhabitants;
    4. 15 (fifteen) Aldermen in Counties with more than 50,000 (fifty thousand) and up to 80,000 (eighty thousand) inhabitants;
    5. 17 (seventeen) Aldermen in Counties with more than 80,000 (eighty thousand) and up to 120,000 (one hundred twenty thousand) inhabitants;
    6. 19 (nineteen) Aldermen in Counties with more than 120,000 (one hundred and twenty thousand) and up to 160,000 (one hundred sixty thousand) inhabitants;
    7. 21 (twenty) Aldermen in Counties with more than 160,000 (one hundred and sixty thousand) and up to 300,000 (three hundred thousand) inhabitants;
    8. 23 (twenty-three) Aldermen in Counties with more than 300,000 (three hundred thousand) and up to 450,000 (four hundred fifty thousand) inhabitants;
    9. 25 (twenty-five) Aldermen in Counties with more than 450,000 (four hundred and fifty thousand) and up to 600,000 (six hundred thousand) inhabitants;
    10. 27 (twenty-seven) Aldermen in Counties with more than 600,000 (six hundred thousand) and up to 750,000 (seven hundred fifty thousand) inhabitants;
    11. 29 (twenty-nine) Aldermen in Counties with more than 750,000 (seven hundred fifty thousand) and up to 900,000 (nine hundred thousand) inhabitants;
    12. 31 (thirty-one) Aldermen in Counties with more than 900,000 (nine hundred thousand) and up to 1,050,000 (one million fifty thousand) inhabitants;
    13. 33 (thirty-three) Aldermen in Counties with more than 1,050,000 (one million fifty thousand) and up to 1,200,000 (one million two hundred thousand) inhabitants;
    14. 35 (thirty-five) Aldermen in Counties with more than 1,200,000 (one million two hundred thousand) and up to 1,350,000 (one million three hundred fifty thousand) inhabitants;
    15. 37 (thirty-seven) Aldermen in Counties with more than 1,350,000 (one million three hundred fifty thousand) and up to 1,500,000 (one million five hundred thousand) inhabitants;
    16. 39 (thirty-nine) Aldermen in Counties with more than 1,500,000 (one million five hundred thousand) and up to 1,800,000 (one million eight hundred thousand) inhabitants;
    17. 41 (forty-nine) Aldermen in Counties with more than 1,800,000 (one million eight hundred thousand) and up to 2,400,000 (two million four hundred thousand) inhabitants;
    18. 43 (forty-three) Aldermen in Counties with more than 2,400,000 (two million four hundred thousand) and up to 3,000,000 (three million) inhabitants;
    19. 45 (forty-five) Aldermen in Counties with more than 3,000,000 (three million) and up to 4,000,000 (four million) inhabitants;
    20. 47 (forty-seven) Aldermen in Counties with more than 4,000,000 (four million) and up to 5,000,000 (five million) inhabitants;
    21. 49 (forty-nine) Aldermen in Counties with more than 5,000,000 (five million) and up to 6,000,000 (six million) inhabitants;
    22. 51 (fifty-one) Aldermen in Counties with more than 6,000,000 (six million) and up to 7,000,000 (seven million) inhabitants;
    23. 53 (fifty-three) Aldermen in Counties with more than 7,000,000 (seven million) and up to 8,000,000 (eight million) inhabitants;
    24. 55 (fifty-five) Alderman in Counties with more than 8,000,000 (eight million) inhabitants.
  5. the fixed compensation of the Prefect, Vice-Prefect and Municipal Secretaries determined by law at the initiative of the County Legislature, observing the provisions of articles 37, XI, 39, § 4°, 150, II, 153, III, and 153 § 2°, I;
  6. the fixed compensation of Aldermen shall be determined by the respective County Councils in each legislative term for the following one, observing what is provided for in this Constitution, observing the criteria established in the respective Organic Law and the following maximum limits:
    1. in Counties up to ten thousand inhabitants, the maximum fixed compensation for Aldermen shall correspond to twenty percent of the fixed compensation of State Representatives;
    2. in Counties between ten thousand and one and fifty thousand inhabitants, the maximum fixed compensation for Aldermen shall correspond to thirty percent of the fixed compensation of State Representatives;
    3. in Counties of fifty thousand and one to one hundred thousand inhabitants, the maximum fixed compensation for Aldermen shall correspond to forty percent of the fixed compensation of State Representatives;
    4. in Counties of one hundred thousand and one to three hundred thousand inhabitants, the maximum fixed compensation for Aldermen shall correspond to fifty percent of the fixed compensation of State Representatives;
    5. in Counties of three hundred thousand and one to five hundred thousand inhabitants, the maximum fixed compensation for Aldermen shall correspond to sixty percent of the fixed compensation of State Representatives;
    6. in Counties of more than five hundred thousand inhabitants, the maximum fixed compensation for Aldermen shall correspond to seventy-five percent of the fixed compensation of State Representatives;
  7. total expenses for remuneration of Aldermen may not exceed five percent of the revenues of the County;
  8. immunity of Aldermen for their opinions, words and votes in exercise of their mandate and within the boundaries of the county;
  9. prohibitions and incompatibilities, while in the office of Aldermen, similar, where applicable, to the provisions of this Constitution for members of the National Congress and of the respective State Constitution for members of the Legislative Assembly;
  10. trial of the Prefect before the Tribunal of Justice;
  11. organization of legislative and supervisory functions of the county legislature;
  12. cooperation of representative associations in municipal planning;
  13. popular initiative on bills of specific interest to the county, city or districts, through manifestation of at least five percent of the electorate;
  14. loss of mandate of the Prefect according to art. 28, sole paragraph.

Article 29-A

The total expenses of County Councils, including Aldermen’s fixed compensation but excluding the expenses with the inactive, may not exceed the following percentages, with respect to the sum of tax receipts and transferences provided for in § 5° of art. 153 and arts. 158 and 159, effectively realized in the prior fiscal year:

  1. 7% (seven percent) for Counties with a population of up to 100,000 (one hundred thousand) inhabitants;
  2. 6% (six percent) for Counties with a population between 100,000 (one hundred thousand) and 300,000 (three hundred thousand) inhabitants;
  3. 5% (five percent) for Counties with a population between 300,001 (three hundred thousand one) and 500,000 (five hundred thousand) inhabitants;
  4. 4.5% (four and one-half percent) for Counties with a population between 500,001 (five hundred thousand and one) and 3,000,000 (three million) inhabitants;
  5. 4% (four percent) for Counties with a population between 3,000,001 (three million and one) inhabitants and 8,000,000 (eight million) inhabitants;
  6. 3.5% (three and one-half percent) for Counties with a population greater than 8,000,001 (eight million and one) inhabitants.
  1. The County Council shall not spend more than seventy percent of its receipts on payrolls, including expenditures for fixed compensation of its Aldermen.
  2. It constitutes an impeachable offense (crime de responsabilidade) for the County Prefect:
    1. to carry out transfers that exceed the limits defined in this article;
    2. to not send or transfer by the twentieth day of each month; or
    3. to send less than the proportion fixed in the Budget Law.
  3. It constitutes an impeachable offense for the President of the County Council to disrespect § 1° of this article.

Article 30

The Counties have the power to:

  1. legislate on subjects of local interest;
  2. supplement federal and state legislation where applicable;
  3. institute and collect taxes within their jurisdiction, as well as to apply their revenues, without prejudice to the requirement that they render accounts and publish provisional balance sheets within the periods established by law;
  4. create, organize and eliminate districts, observing state legislation;
  5. organize and perform essential public services of local interest, including collective transportation, either directly or by concession or permit;
  6. maintain programs of pre-school and elementary education;
  7. provide health services to the population, with the technical and financial cooperation of the Union and State;
  8. promote, where applicable, adequate territorial ordering through planning and control of use, subdivision and occupation of urban land;
  9. promote protection of local historic and cultural patrimony, observing the legislation and federal and state supervisory actions.

Article 31

Supervision of the County shall be performed by the County Legislature, through outside control and by the internal control systems of the County Executive, as provided by law.

  1. Outside control of the County Legislature shall be performed with the assistance of the State Tribunals of Accounts or Councils or County Tribunals of Accounts, where they exist.
  2. The prior opinion, issued by the proper agency, on the accounts to be rendered annually by the Prefect, shall prevail unless there is a decision of two-thirds of the members of the County Legislature.
  3. Accounts of the Counties shall remain available each year to any taxpayer for sixty days for examination and evaluation, and any taxpayer may question their legitimacy, as provided by law.
  4. Creation of County Tribunals of Accounts and accounts councils or agencies is forbidden.

CHAPTER V. THE FEDERAL DISTRICT AND THE TERRITORIES

SECTION I. The Federal District

Article 32

The Federal District, which may not be divided into counties, shall be governed by an organic law, voted in two rounds with a minimum interval of ten days, and approved by two-thirds of the Legislative Chamber, which shall promulgate it, observing the principles established in this Constitution.

  1. The Federal District shall have the legislative powers reserved to the States and Counties.
  2. Election of the Governor and the Lieutenant Governor, observing the provisions of art. 77, and the District Representatives shall coincide with that of the State Governors and Representatives, for terms of office of the same duration.
  3. The provisions of art. 27 apply to the District Representatives and to the Legislative Chamber.
  4. Federal law shall provide for use of the civil and military police and the military fire brigade by the Government of the Federal District.

SECTION II. The Territories

Article 33

The law shall provide for the administrative and judicial organization of the Territories.

  1. The Territories may be divided into Counties, which shall be subject to the provisions of Chapter IV of this Title, whenever applicable.
  2. The accounts of a Territorial Government shall be submitted to the National Congress, with the prior opinion of the Tribunal of Accounts of the Union.
  3. Federal Territories with more than one hundred thousand inhabitants shall have, in addition to a Governor appointed according to this Constitution, trial and appellate courts, members of the Public Ministry, and federal public defenders; the law shall provide for elections to the Territorial Legislature and its decision-making authority.

CHAPTER VI. INTERVENTION

Article 34

The Union shall not intervene in the States or in the Federal District, except to:

  1. maintain national integrity;
  2. repel a foreign invasion or invasion of one unit of the Federation into another;
  3. put an end to a serious threat to public order;
  4. guarantee the unimpeded functioning of any of the Branches of Government in the units of the Federation;
  5. reorganize the finances of a unit of the Federation that:
    1. suspends payment of a debt guaranteed by government instruments or securities for more than two consecutive years, except for reasons of force majeure;
    2. fails to deliver to the counties the tax revenues established in this Constitution within the time periods established by law;
  6. provide for enforcement of a federal law, court orders or decisions;
  7. ensure compliance with the following constitutional principles:
    1. republican form, representative system and democratic regime;
    2. individual rights;
    3. county autonomy;
    4. rendering of accounts of direct and indirect public administration;
    5. application of the minimum required by the receipts resulting from the state taxes, including those stemming from transfers, for maintenance and development of education and for public health activities and services.

Article 35

A State shall not intervene in its Counties, nor the Union in the Counties located in a Federal Territory, except when:

  1. a debt guaranteed by government instruments or securities is not paid for two consecutive years, unless due to force majeure;
  2. required accounts are not rendered in the manner provided by law;
  3. the required minimum amount of county revenues has not been applied to maintenance and development of education and public health activities and services;
  4. the Tribunal of Justice grants a representation suit to assure observance of principles set out in the State Constitution or to provide for enforcement of a law, court order or judicial decision.

Article 36

A decree of intervention shall depend:

  1. in the case of art. 34, IV, upon a request from the coerced or impeded Legislature or Executive, or on an order from the Supreme Federal Tribunal if the coercion is exerted against the Judiciary;
  2. in the case of disobedience of a court order or decision, on an order from the Supreme Federal Tribunal, Superior Tribunal of Justice, or the Superior Electoral Tribunal;
  3. on the Supreme Federal Tribunal’s granting a representation action brought by the Procurator-General of the Republic, in the case of art. 34, VII, and in the case of refusal to enforce a federal law;
  4. revoked.
  1. The decree of intervention, which shall specify the extent, period and conditions of enforcement and which, if applicable, shall appoint the intervenor, shall be submitted for consideration by the National Congress or the State Legislative Assembly within twenty four hours.
  2. If the National Congress or the Legislative Assembly is not in session, a special session shall be called within the same twenty-four hour period.
  3. In the cases of art. 34, VI and VII, or of art. 35, IV, upon waiver of consideration by the National Congress or the Legislative Assembly, the decree shall be limited to suspending execution of the challenged act, if such measure is sufficient to restore normality.
  4. Upon cessation of the reason for intervention, authorities removed from offices shall return to them, unless there is some legal impediment.

CHAPTER VII. PUBLIC ADMINISTRATION

SECTION I. General Provisions

Article 37

The direct or indirect public administration of any of the Branches of the Union, States, Federal District and Counties, shall obey the principles of legality, impersonality, morality, publicity and efficiency, as well as the following:

  1. public offices, jobs and positions are accessible to Brazilians who meet the requirements established by law, as well as to foreigners, as provided by law;
  2. investiture in public office or employment depends upon prior approval in public competitive examinations, or such examinations and comparison of professional credentials, in accordance with the nature and complexity of the office or job, as provided by law, except for appointment to a commission office declared by law to permit free appointment and discharge;
  3. the period of validity of a public competitive examination shall be up to two years, extendable once for a like period;
  4. during the non-extendable period set forth in the notice of the public competition, those approved in a public competitive examination or such examination and comparison of professional credentials shall be called with priority over newly approved applicants to assume a career office or employment;
  5. positions of confidence, exercised exclusively by civil servants occupying an effective position, and commission offices, to be filled by career civil servants in the cases, conditions and minimum percentages provided for by law, are intended only for assignments of management, supervision and assessment;
  6. civil servants are guaranteed the right of free syndical association;
  7. the right to strike shall be exercised in the manner and within the limits defined by specific law;
  8. the law shall reserve a percentage of public offices and positions for handicapped persons and shall define the criteria for their hiring;
  9. the law shall set out the circumstances for hiring personnel for a fixed period of time in order to meet a temporary need of exceptional public interest;
  10. remuneration of civil servants and the salary dealt with in § 4° of art. 39 shall be set or modified only by a specific law, observing private initiative in each case, assuring annual general revision, always on the same date and without distinction with respect to indexes;
  11. remuneration and fixed compensation of holders of public offices, positions and employment in the direct administration, autarchies and foundations; of members of any Branches of the Union, States, Federal District and Counties; of holders of an elective office and of other political agents; and the benefits, pensions or other form of remuneration, whether or not received cumulatively, including personal advantages or those of any other nature, shall not exceed the monthly compensation, in specie, of the Ministers of the Federal Supreme Tribunal; applying as a limit in the Counties, the compensation of the Prefect; and in the States and the Federal District, in the Executive branch, the monthly compensation of the Governor; in the Legislative branch, the compensation of the State and District Legislators; and in the Judicial branch, the compensation of the justices of the Tribunal of Justice, limited to ninety and twenty-five hundreds percent of the monthly compensation, in specie, of the Ministers of the Supreme Federal Tribunal, a limit also applicable to the members of the Public Ministry, the Procurators and the Public Defenders;
  12. compensation for positions in the Legislative and Judicial Branches may not be higher than those paid by the Executive Branch;
  13. linking or equating any kind of remuneration is prohibited for purposes of compensating public service personnel;
  14. pecuniary raises received by a government employee shall not be computed or accumulated for the purpose of granting subsequent raises;
  15. the salary and compensation of holders of public positions and jobs are irreducible, except for the provisions of subparagraphs XI and XIV of this article and arts. 39, § 4°, 150, II, 153, III, and 153, § 2°, I;
  16. accumulation of paid public offices is prohibited, except, when working hours are compatible, observing in any case the provision of subparagraph XI:
    1. as to two teaching positions;
    2. as to one teaching position with another technical or scientific position;
    3. as two exclusive positions or employment for health professionals with regulated professions;
  17. the prohibition against accumulation extends to jobs and offices and includes foundations, public companies, mixed-capital companies, their subsidiaries and companies controlled, directly or indirectly, by the Government;
  18. the Treasury and its inspectors shall, within their spheres of competence and jurisdiction, enjoy precedence over other administrative sectors, as provided by law;
  19. creation of autarchies and authorization to organize public companies, mixed-capital companies, or foundations can only be accomplished by a specific law. In the latter case, it shall be left to complementary law to define the areas of their activity;
  20. in each case legislative authorization is required for organization of subsidiaries of the entities referred to in the preceding subparagraph, as well as participation by any of them in a private company;
  21. except for cases specified in law, public works, services, purchases and disposals shall be contracted through a process of public bidding that assures equal conditions to all bidders, with clauses that establish payment obligations. The effective conditions of the bid shall be maintained, as provided by law, which shall only allow requirements of technical and economic qualifications essential to secure performance of the obligations;
  22. the tax administrations of the Union, the States, the Federal District and the Counties, essential activities for the functioning of the State, exercised by employees with specific careers, shall have priority resources for carrying out their activities and shall act in an integrated fashion, including sharing tax rolls and fiscal information, as provided by law or agreement.
  1. Publicity of the acts, programs, public works, services, and campaigns of government agencies shall have an educational, informative, or social orientation character, and shall not include names, symbols or images representing the personal promotion of governmental authorities or civil servants.
  2. Non-compliance with the provisions of subparagraphs II and III shall result in the nullity of the act and punishment of the responsible authority, as provided by law.
  3. The law shall regulate the forms of user participation in direct and indirect public administration, specifically regulating:
    1. complaints relating to providing public services in general, assuring maintenance of services for attending users and periodic evaluations, both external and internal, of the quality of services;
    2. user access to administrative registries and information about governmental acts, observing the provisions of art. 5, X and XXXIII;
    3. regulation of representation against negligent or abusive exercise of offices, jobs or positions in public administration.
  4. Acts of administrative dishonesty shall result in suspension of political rights, loss of public office, freezing of assets and reimbursement to the Public Treasury, in the form and degree provided by law, without prejudice to any applicable criminal action.
  5. The law shall establish the period of limitations for offenses performed by any agent, whether or not a civil servant, that cause damage to the Public Treasury, without prejudice to the respective actions for damages.
  6. Legal entities of public and private law providing public services shall be liable for the damages that their agents, acting in such capacity, cause to third parties, assuring the right to subrogation from the agent responsible in cases of intentional misconduct (dolo) or fault.
  7. The law shall provide for requirements and restrictions on holders of offices or jobs in direct or indirect administration that permit access to privileged information.
  8. Managerial, budgetary and financial autonomy of agencies and entities of direct or indirect administration may be amplified by contracts signed between their administrators and the government, for the purpose of fixing performance targets for agencies or entities. It is up to the law to provide for:
    1. the period of duration of the contract;
    2. controls and criteria for evaluation of performance, rights, obligations and liabilities of the directors;
    3. remuneration of personnel.
  9. The provision of subparagraph XI applies to public companies and mixed-capital companies and their subsidiaries that receive resources from the Union, States, Federal District or Counties for payment of personnel expenses or general outlays.
  10. Simultaneous receipt of retirement benefits stemming from art. 40 or from arts. 42 and 142 with remuneration from a public office, job or position is prohibited, except for cumulative positions, as provided by this Constitution, and elective commission positions declared by law to permit free appointment and discharge.
  11. For the purposes of the limit on remuneration dealt with in subparagraph XI of the heading of this article, the portion that has the character of indemnification, as provided for by law, shall not be taken into account.
  12. For the purposes of the provisions of subparagraph XI of this article, the States and the Federal District, by amendment to their respective constitutions and organic law, shall have the power to fix as a sole limit, within their own spheres, the monthly fixed compensation of the justices of their respective Tribunals of Justice, limited to ninety and twenty-five hundredths percent of the monthly fixed compensation of Ministers of the Federal Supreme Tribunal, but not applying the provisions of this paragraph to the fixed compensation of the State and District representatives and their aldermen.

Article 38

The following provisions apply to civil servants of the direct administration, autarchies, or foundations, holding elective offices:

  1. federal, state or district elective office-holders shall be furloughed from their office, employment or position;
  2. one invested with the mandate of Prefect shall be furloughed from his or her office, employment or position, and may opt for remuneration;
  3. one invested with the mandate of Alderman, if the working hours are compatible, shall receive the benefits of his or her office, employment or position, without prejudice to remuneration for the elective office; if the hours are not compatible, the provisions of the preceding subparagraphs shall apply;
  4. in any case requiring furlough due to exercise of an elective mandate, the period of service shall be counted for all legal purposes, except for merit promotion;
  5. in case of furlough, the amounts shall be determined as if the person had been in activity for purposes of social security benefits.

SECTION II. Of Civil Servants

Article 39

The Union, States, Federal District and Counties shall organize a policy council for administration and remuneration of personnel, composed of civil servants designated by the respective Branches.

  1. Setting of standards for salaries and other components of the remuneration system shall take into account:
    1. the nature, degree of responsibility and complexity of the component offices of each career;
    2. the requirements for investiture;
    3. the peculiarities of the offices.
  2. The Union, States and Federal District shall maintain governmental schools for formation and improvement of civil servants, with participation in the courses constituting one of the requirements for promotion in the career. For this purpose, entry into agreements or contracts among the federative entities shall be permitted.
  3. The provisions of art. 7, IV, VII, VIII, IX, XII, XIII, XV, XVI, XVII, XVIII, XIX, XX, XXII and XXX shall apply to civil servants occupying a public office. The law may establish differential requirements for admission when the nature of the office so requires.
  4. Members of a Branch of Government, holders of an elective office, Ministers of the Federal Government, and State and County Secretaries shall be compensated exclusively by a lump sum salary. Increasing any gratification, additional payment, bonus, premium, representation allowance or any other type of remuneration is forbidden, obeying, in any case, the provisions of art. 37, X and XI.
  5. Laws of the Union, States, Federal District and Counties shall establish the relationship between the highest and the lowest remuneration for public servants, obeying, in any case, the provision of art. 37, XI.
  6. The Executive, Legislative and Judicial Branches shall publish annually the amounts of the salaries and remuneration for public offices and jobs.
  7. Laws of the Union, States, Federal District and Counties shall regulate application of budgetary resources stemming from the economy against current expenses for each agency, autarchy and foundation, for application in the development of programs of quality and productivity, training and development, modernization, re-outfitting and rationalization of public services, including those in the form of additional payments or premiums for productivity.
  8. Remuneration of career public servants shall be determined in accordance with § 4°.

Article 40

Civil servants holding effective positions in the Union, the States, the Federal District and the Counties, including their autarchies and foundations, are assured a contributory and joint social security regime through contributions from the respective public entity, active or inactive public servants and pensioners, observing criteria that preserve financial and actuarial equilibrium and the provisions of this article.

  1. Civil servants included in the social security regime dealt with in this article shall be retired, calculating their benefits starting with the values determined in accordance with §§ 3° and 17°:
    1. for permanent disability, pensions are proportional to the period of contribution, except when stemming from an accident while in service, an occupational disease or a serious, contagious or incurable illness, as specified by law;
    2. compulsorily, with pensions proportional to the period of contribution, at 70 (seventy) years of age or at 75 (seventy-five) years of age, in accordance with a complementary law.
    3. voluntarily, so long as they have completed a minimum period of ten years of effective public service and five years in the position from which they take retirement, observing the following conditions:
      1. age sixty with thirty-five years of contribution, if male, and age fifty-five and thirty years of contribution, if female;
      2. age sixty-five if male, and sixty if female, with pensions proportional to the time of contribution.
  2. At the time they are granted, retirement benefits and pensions may not exceed the respective civil servant’s remuneration in the position occupied at the time of retirement or that serves as a reference for the concession of the pension.
  3. At the time they are granted, retirement benefits shall be calculated on the remuneration utilized as the basis for the contributions of the employee to the social security regimes dealt within this article and art. 201, as provided by law.
  4. Adoption of differentiated requirements and criteria for concession of retirement to those included in the regime dealt with in this article is prohibited, except, in the terms defined by complementary laws, for functionaries:
    1. who are handicapped;
    2. who engage in risky activities;
    3. whose activities are carried out under special conditions that prejudice their health or physical integrity.
  5. The requirements of age and period of contribution shall be reduced by five years, with respect to the provisions of § 1°, III, for teachers who can show that their time was spent exclusively in the effective teaching of kindergarten, primary or middle school.
  6. Except for retirements arising from cumulative positions, as provided by this Constitution, receipt of more than one retirement benefit from the social security regime provided for in this article is prohibited.
  7. The law shall provide for concession of death benefits, which shall be equal to:
    1. if retired at the date of death, the total value of the deceased civil servant’s benefits up to the maximum limit established for benefits in the general regime of social security dealt with in art. 201, increased by seventy percent of the amount exceeding this limit; or
    2. if in active service on the date of death, the total value of the remuneration of the civil servant who held an effective position at the date of death, until the maximum limit established for benefits in the general regime of social security dealt with in art. 201, increased by seventy percent of the amount exceeding this limit.
  8. In order to preserve permanently their real value, readjustment of benefits is assured, in accordance with criteria established by law.
  9. The period of federal, state or county contribution shall be counted for purposes of retirement and the corresponding period of service for purposes of availability.
  10. The law may not establish any fictitious form of counting the contribution period.
  11. The limit fixed in art. 37, XI, applies to the total sum of benefits for inactivity, including those stemming from accumulation of public positions or employment, as well as other activities subject to contribution for the general social security regime, and to the amount resulting from addition of the benefits of inactivity to remuneration for a cumulative position, as provided by this Constitution, a commission position declared by law to permit free appointment and discharge, and an elective position.
  12. In addition to the provisions of this article, the social security regime for public servants holding an effective position shall observe, where applicable, the requirements and criteria fixed by the general social security regime.
  13. The general social security regime shall apply to the public servant occupying exclusively a commission position declared by law to permit free appointment and discharge, as well as any other temporary public position or employment.
  14. So long as they institute a complementary social security regime for their respective employees holding an effective position, the Union, States, Federal District and Counties may fix the value of retirement benefits and pensions to be conceded by the regime dealt with in this article at the maximum limit established for the beneficiaries of the general social security regime dealt with in art. 201.
  15. The complementary social security regime dealt with in § 14° shall be instituted by law on the initiative of the Executive, observing, where applicable, the provisions of art. 202 and its paragraphs, through closed entities of complementary social security, of a public nature, which shall offer to the respective participants only defined contribution benefit plans.
  16. Only by prior and express option may the provisions of §§ 14° and 15° be applied to the civil servant who has entered public service by the publication date of the act instituting the corresponding complementary social security regime.
  17. All remuneration values considered for calculation of the benefits provided for in § 3° shall be duly updated, as provided by law.
  18. A contribution shall be levied on retirement benefits and pensions conceded by the regime dealt with in this article to the extent they exceed the maximum limit established for the general social security regime benefits dealt with in art. 201, at a percentage equal to that established for civil servants holding effective offices.
  19. A civil servant dealt within this article who has completed the requirements for voluntary retirement established in § 1°, III, a, and who opts to remain active will receive a bonus for the remaining equivalent to the value of his social security contribution until he completes the requirements for compulsory retirement contained in § 1°, II.
  20. More than one regime of social security for civil servants holding effective positions is prohibited; it is also prohibited to have more than one unit managing the respective regime in each state entity, except for the provision of art. 142, § 3°, X.
  21. When the beneficiary has an incapacitating illness, as provided by law, the contribution provided for in § 18° of this article shall be levied only upon those portions of retirement and pension benefits that exceed twice the maximum limit established for benefits under the general regime of social security dealt with in art. 201 of this Constitution.

Article 41

Civil servants appointed to effective positions by virtue of public competitive examinations acquire tenure after three years of actual service.

  1. Tenured civil servants shall lose their positions only:
    1. by virtue of a judicial judgment that has become final and unappealable;
    2. through an administrative proceeding in which they have been assured a full defense;
    3. through a procedure of periodic evaluation of performance, in the form of complementary law, assuring a full defense.
  2. Should dismissal of a tenured civil servant be declared invalid by a judgment of a court, the employee shall be reinstated, and any subsequent occupant of the position, if tenured, shall be reassigned to his original position, without the right to compensation, placed in another position or placed on leave with remuneration proportional to time of service.
  3. If his position is abolished or declared unnecessary, a tenured civil servant shall be placed on leave, with remuneration proportional to time of service, until adequately placed in another position.
  4. As a condition for acquisition of tenure, a special performance evaluation is required by a commission organized for this purpose.

SECTION III. Of Military Servicemen of the States, Federal District and the Territories

Article 42

Members of the Military Police and Fire Brigades, institutions organized on the basis of hierarchy and discipline, are military servicemen of the States, Federal District and Territories.

  1. The provisions of art. 14, § 8°; art. 40, § 9°; and art. 142, §§ 2° and 3° apply to the military servicemen of the States, Federal District and Territories, in addition to what becomes determined by law. It is up to specific state law to deal with the subjects of art. 142, § 3°, subparagraph X, with the respective Governors conferring the ranks of officers.
  2. What has been fixed by specific law in the respective state entity shall apply to military pensioners of the States, the Federal District and the Territories.

SECTION IV. The Regions

Article 43

For administrative purposes, the Union may coordinate its actions in the same social and geo-economic complex, seeking its development and a reduction in regional inequalities.

  1. Complementary law shall provide for:
    1. conditions for integration of developing regions;
    2. composition of regional organizations that shall carry out, as provided by law, regional plans included in national economic and social development plans and approved simultaneously.
  2. Regional incentives shall include, inter alia, as provided by law:
    1. equality of tariffs, freight rates, insurance and other cost and price items for which the Government is responsible;
    2. favorable interest rates for financing priority activities;
    3. exemptions, reductions or temporary deferment of federal taxes owed by individuals or legal entities;
    4. priority in the economic and social use of rivers, reservoirs, or waters that can be dammed in low-income regions subject to periodic droughts.
  3. In the areas referred to in § 2°, IV, the Union shall grant incentives for recovery of arid lands and cooperate with small and medium-sized rural land owners to establish water sources and small-scale irrigation on their lands.

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