CF/88 — Constitution of the Federative Republic of Brazil

Unofficial translation, for reference only. Only the Portuguese text published by the Brazilian government has legal force. Read the original in Portuguese

CF/88 Constituição de 1988 Constitucional

Índice de partes (3)

Transitional Constitutional Provisions Act

Acts arising from the provisions of § 3 of art. 5

SUBJECT INDEX

Compiled text

PREAMBLE

We, the representatives of the Brazilian people, assembled in the National Constituent Assembly to institute a Democratic State, intended to ensure the exercise of social and individual rights, liberty, security, well-being, development, equality and justice as supreme values of a fraternal, pluralist and unprejudiced society, founded on social harmony and committed, in the domestic and international orders, to the peaceful settlement of disputes, promulgate, under the protection of God, the following CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL.

TITLE I — Fundamental Principles

Art. 1 The Federative Republic of Brazil, formed by the indissoluble union of the States and Municipalities and of the Federal District, is constituted as a Democratic State under the Rule of Law and has as its foundations:

I - sovereignty;

II - citizenship;

III - the dignity of the human person;

IV - the social values of labor and of free enterprise; (See Law 13.874, of 2019)

V - political pluralism.

Sole paragraph. All power emanates from the people, who exercise it through elected representatives or directly, under the terms of this Constitution.

Art. 2 The Legislative, the Executive and the Judiciary are Powers of the Union, independent of and in harmony with one another.

Art. 3 The fundamental objectives of the Federative Republic of Brazil are:

I - to build a free, just and solidary society;

II - to guarantee national development;

III - to eradicate poverty and marginalization and to reduce social and regional inequalities;

IV - to promote the well-being of all, without prejudice as to origin, race, sex, color, age and any other forms of discrimination.

Art. 4 The Federative Republic of Brazil is governed in its international relations by the following principles:

I - national independence;

II - prevalence of human rights;

III - self-determination of peoples;

IV - non-intervention;

V - equality among States;

VI - defense of peace;

VII - peaceful settlement of conflicts;

VIII - repudiation of terrorism and racism;

IX - cooperation among peoples for the progress of humanity;

X - granting of political asylum.

Sole paragraph. The Federative Republic of Brazil shall seek the economic, political, social and cultural integration of the peoples of Latin America, with a view to forming a Latin American community of nations.

TITLE II — Fundamental Rights and Guarantees

CHAPTER I — INDIVIDUAL AND COLLECTIVE RIGHTS AND DUTIES

Art. 5 All persons are equal before the law, without distinction of any kind, and Brazilians and foreigners residing in the Country are guaranteed the inviolability of the right to life, liberty, equality, security and property, under the following terms:

I - men and women are equal in rights and obligations, under the terms of this Constitution;

II - no one shall be obliged to do or refrain from doing anything except by virtue of law;

III - no one shall be subjected to torture or to inhuman or degrading treatment;

IV - the expression of thought is free, and anonymity is prohibited;

V - the right of reply is ensured, in proportion to the offense, in addition to compensation for material or moral damage or damage to one's image;

VI - freedom of conscience and of belief is inviolable, the free exercise of religious worship is ensured, and the protection of places of worship and their liturgies is guaranteed, as provided by law;

VII - the provision of religious assistance in civil and military establishments of collective confinement is ensured, under the terms of the law;

VIII - no one shall be deprived of rights by reason of religious belief or of philosophical or political conviction, unless he invokes them to exempt himself from a legal obligation imposed on all and refuses to perform an alternative obligation established by law;

IX - the expression of intellectual, artistic, scientific and communication activity is free, independently of censorship or license;

X - the intimacy, private life, honor and image of persons are inviolable, and the right to compensation for material or moral damage resulting from their violation is ensured;

XI - the home is the inviolable asylum of the individual, and no one may enter it without the consent of the resident, except in the event of flagrante delicto or disaster, or to render assistance, or, during the day, by judicial order; (See Law 13.105, of 2015) (Effectiveness)

XII - the secrecy of correspondence and of telegraphic communications, data and telephone communications is inviolable, except, in the latter case, by judicial order, in the cases and in the manner established by law for the purposes of criminal investigation or criminal procedural fact-finding; (See Law 9.296, of 1996)

XIII - the exercise of any work, trade or profession is free, subject to the professional qualifications established by law;

XIV - access to information is ensured to all, and the confidentiality of the source is protected whenever necessary for professional practice;

XV - movement within the national territory is free in time of peace, and any person may, under the terms of the law, enter it, remain in it or leave it with his property;

XVI - all persons may assemble peacefully, without arms, in places open to the public, independently of authorization, provided that they do not frustrate another meeting previously called for the same place, and only prior notice to the competent authority is required;

XVII - freedom of association for lawful purposes is full, and association of a paramilitary nature is prohibited;

XVIII - the creation of associations and, as provided by law, of cooperatives does not require authorization, and State interference in their operation is prohibited;

XIX - associations may only be compulsorily dissolved or have their activities suspended by judicial decision, and in the former case a final and unappealable judgment is required;

XX - no one may be compelled to join an association or to remain a member;

XXI - associative entities, when expressly authorized, have standing to represent their members in or out of court;

XXII - the right of property is guaranteed;

XXIII - property shall serve its social function;

XXIV - the law shall establish the procedure for expropriation on grounds of public necessity or public utility, or of social interest, upon fair and prior compensation in money, except for the cases provided for in this Constitution;

XXV - in the event of imminent public danger, the competent authority may make use of private property, and the owner is ensured subsequent compensation if there is damage;

XXVI - small rural property, as defined by law, provided that it is worked by the family, shall not be subject to attachment for the payment of debts arising from its productive activity, and the law shall provide for the means of financing its development;

XXVII - authors have the exclusive right to use, publish or reproduce their works, transferable to their heirs for the period established by law;

XXVIII - the following are ensured, under the terms of the law:

a) the protection of individual participations in collective works and of the reproduction of the human image and voice, including in sports activities;

b) the right of creators, performers and their respective union and associative representations to oversee the economic exploitation of the works they create or in which they participate;

XXIX - the law shall ensure to the authors of industrial inventions a temporary privilege for their use, as well as protection of industrial creations, of ownership of trademarks, of company names and of other distinctive signs, with a view to the social interest and the technological and economic development of the Country;

XXX - the right of inheritance is guaranteed;

XXXI - the succession to property of foreigners located in the Country shall be governed by Brazilian law in favor of the Brazilian spouse or children, whenever the personal law of the "de cujus" is not more favorable to them;

XXXII - the State shall promote consumer protection, as provided by law;

XXXIII - all persons have the right to receive from public bodies information of their private interest, or of collective or general interest, which shall be provided within the period set by law, subject to liability, except for information whose secrecy is indispensable to the security of society and of the State; (Regulation) (See Law 12.527, of 2011)

XXXIV - the following are ensured to all, independently of the payment of fees:

a) the right to petition the Public Authorities in defense of rights or against illegality or abuse of power;

b) the obtaining of certificates from public offices, for the defense of rights and the clarification of situations of personal interest;

XXXV - the law shall not exclude from review by the Judiciary any injury or threat to a right;

XXXVI - the law shall not prejudice vested rights, perfected juridical acts or res judicata;

XXXVII - there shall be no court or tribunal of exception;

XXXVIII - the institution of the jury is recognized, with the organization given to it by law, and the following are ensured:

a) full defense;

b) secrecy of voting;

c) sovereignty of verdicts;

d) jurisdiction to try intentional crimes against life;

XXXIX - there is no crime without a prior law defining it, nor punishment without prior legal prescription;

XL - criminal law shall not be retroactive, except to benefit the defendant;

XLI - the law shall punish any discrimination that offends fundamental rights and liberties;

XLII - the practice of racism constitutes a non-bailable crime not subject to any statute of limitations, punishable by imprisonment, under the terms of the law;

XLIII - the law shall deem the practice of torture, the illicit trafficking of narcotics and related drugs, terrorism and the crimes defined as heinous crimes to be non-bailable crimes not subject to pardon or amnesty, for which those who order them, those who carry them out and those who, being able to prevent them, fail to do so shall be held liable; (Regulation)

XLIV - the action of armed groups, civilian or military, against the constitutional order and the Democratic State constitutes a non-bailable crime not subject to any statute of limitations;

XLV - no punishment shall extend beyond the person of the convict, and the obligation to repair the damage and the decree of forfeiture of property may, under the terms of the law, be extended to the successors and enforced against them, up to the limit of the value of the property transferred;

XLVI - the law shall regulate the individualization of punishment and shall adopt, among others, the following:

a) deprivation or restriction of liberty;

b) forfeiture of property;

c) fine;

d) alternative social service;

e) suspension or interdiction of rights;

XLVII - there shall be no punishments:

a) of death, except in the event of declared war, under the terms of art. 84, XIX;

b) of a perpetual nature;

c) of forced labor;

d) of banishment;

e) that are cruel;

XLVIII - punishment shall be served in separate establishments, according to the nature of the offense and the age and sex of the convict;

XLIX - prisoners are ensured respect for their physical and moral integrity;

L - female prisoners shall be ensured conditions enabling them to remain with their children during the breastfeeding period;

LI - no Brazilian shall be extradited, except a naturalized Brazilian in the event of a common crime committed before naturalization, or of proven involvement in the illicit trafficking of narcotics and related drugs, as provided by law;

LII - extradition of a foreigner shall not be granted for a political crime or a crime of opinion;

LIII - no one shall be prosecuted or sentenced except by the competent authority;

LIV - no one shall be deprived of liberty or of his property without due process of law;

LV - litigants, in judicial or administrative proceedings, and the accused in general are ensured the adversarial process and full defense, with the means and remedies inherent thereto;

LVI - evidence obtained by unlawful means is inadmissible in proceedings;

LVII - no one shall be considered guilty until a criminal conviction has become final and unappealable;

LVIII - a person who has been civilly identified shall not be subjected to criminal identification, except in the cases provided for by law; (Regulation)

LIX - a private action shall be admitted in crimes subject to public action, if the latter is not brought within the legal period;

LX - the law may restrict the publicity of procedural acts only when the protection of privacy or the social interest so requires;

LXI - no one shall be arrested except in flagrante delicto or by a written and reasoned order of a competent judicial authority, except in cases of military transgression or strictly military crime, as defined by law;

LXII - the arrest of any person and the place where he is held shall be communicated immediately to the competent judge and to the family of the arrested person or to a person designated by him;

LXIII - the arrested person shall be informed of his rights, including the right to remain silent, and shall be ensured the assistance of his family and of an attorney;

LXIV - the arrested person has the right to the identification of those responsible for his arrest or for his police interrogation;

LXV - an unlawful arrest shall be immediately set aside by the judicial authority;

LXVI - no one shall be taken to prison or held there when the law permits provisional release, with or without bail;

LXVII - there shall be no civil imprisonment for debt, except for the person responsible for the willful and inexcusable default of a support obligation and for the unfaithful depositary;

LXVIII - "habeas corpus" shall be granted whenever a person suffers or is threatened with suffering violence or coercion in his freedom of movement, by reason of illegality or abuse of power;

LXIX - a writ of mandamus (mandado de segurança) shall be granted to protect a clear and certain right not protected by "habeas corpus" or "habeas data", when the party responsible for the illegality or abuse of power is a public authority or an agent of a legal entity exercising functions of the Government;

LXX - a collective writ of mandamus (mandado de segurança coletivo) may be filed by:

a) a political party with representation in the National Congress;

b) a union organization, professional entity, or association lawfully constituted and in operation for at least one year, in defense of the interests of its members or associates;

LXXI - a writ of injunction (mandado de injunção) shall be granted whenever the absence of a regulatory rule makes it unfeasible to exercise constitutional rights and freedoms and the prerogatives inherent to nationality, sovereignty, and citizenship;

LXXII - "habeas data" shall be granted:

a) to ensure knowledge of information relating to the person of the petitioner, contained in records or databases of governmental entities or of entities of a public nature;

b) for the correction of data, when the petitioner does not prefer to do so through a confidential proceeding, judicial or administrative;

LXXIII - any citizen has standing to bring a popular action (ação popular) seeking to annul an act injurious to public property or to the property of an entity in which the State participates, to administrative morality, to the environment, and to historical and cultural heritage, and the plaintiff, except in the case of proven bad faith, shall be exempt from court costs and from the burden of the losing party's fees;

LXXIV - the State shall provide full and free legal assistance to those who prove insufficiency of resources;

LXXV - the State shall compensate a person convicted through judicial error, as well as a person who remains imprisoned beyond the time set in the sentence;

LXXVI - the following are free of charge for those recognized as poor, as provided by law: (See Law 7.844, of 1989)

a) the civil registration of birth;

b) the death certificate;

LXXVII - actions for "habeas corpus" and "habeas data" are free of charge, as are, as provided by law, the acts necessary for the exercise of citizenship. (Regulation)

LXXVIII - everyone, in the judicial and administrative spheres, is ensured a reasonable duration of proceedings and the means to guarantee the speed of their processing. (Included by Constitutional Amendment 45, of 2004) (See ADIN 3392)

LXXIX - the right to the protection of personal data, including in digital media, is ensured under the terms of the law. (Included by Constitutional Amendment 115, of 2022)

§ 1 The rules defining fundamental rights and guarantees have immediate application.

§ 2 The rights and guarantees expressed in this Constitution do not exclude others arising from the regime and principles it adopts, or from international treaties to which the Federative Republic of Brazil is a party.

§ 3 International treaties and conventions on human rights that are approved, in each House of the National Congress, in two rounds of voting, by three fifths of the votes of the respective members, shall be equivalent to constitutional amendments. ( (Included by Constitutional Amendment 45, of 2004) (See ADIN 3392) See Acts arising from the provisions of § 3 of art. 5 of the Constitution)

§ 4 Brazil submits to the jurisdiction of an International Criminal Court to whose creation it has declared its adherence. (Included by Constitutional Amendment 45, of 2004)

CHAPTER II — SOCIAL RIGHTS

Art. 6 Education, health, work, leisure, security, social security, protection of motherhood and childhood, and assistance to the destitute are social rights, as provided in this Constitution.

Art. 6 Education, health, work, housing, leisure, security, social security, protection of motherhood and childhood, and assistance to the destitute are social rights, as provided in this Constitution. (Wording given by Constitutional Amendment 26, of 2000)

Art. 6 Education, health, food, work, housing, leisure, security, social security, protection of motherhood and childhood, and assistance to the destitute are social rights, as provided in this Constitution. (Wording given by Constitutional Amendment 64, of 2010)

Art. 6 Education, health, food, work, housing, transportation, leisure, security, social security, protection of motherhood and childhood, and assistance to the destitute are social rights, as provided in this Constitution. (Wording given by Constitutional Amendment 90, of 2015)

Sole paragraph. Every Brazilian in a situation of social vulnerability shall have the right to a basic family income, guaranteed by the Government through a permanent income transfer program, the rules and access requirements of which shall be determined by law, in compliance with fiscal and budgetary legislation. (Included by Constitutional Amendment 114, of 2021) (See Law 14.601, of 2023)

Art. 7 The following are rights of urban and rural workers, in addition to others aimed at improving their social condition:

I - an employment relationship protected against arbitrary dismissal or dismissal without just cause, under the terms of a complementary law, which shall provide for compensatory indemnification, among other rights;

II - unemployment insurance, in the event of involuntary unemployment;

III - a length-of-service guarantee fund;

IV - a minimum wage, set by law, nationally unified, capable of meeting their basic vital needs and those of their families for housing, food, education, health, leisure, clothing, hygiene, transportation, and social security, with periodic adjustments to preserve its purchasing power, its use as an index for any purpose being prohibited;

V - a wage floor proportional to the extent and complexity of the work;

VI - irreducibility of wages, except as provided in a collective bargaining convention or agreement;

VII - a guaranteed wage, never below the minimum wage, for those who receive variable remuneration;

VIII - a thirteenth salary based on full remuneration or on the amount of the retirement benefit;

IX - remuneration for night work higher than that for day work;

X - protection of wages as provided by law, the willful withholding of wages constituting a crime;

XI - participation in profits, or results, separate from remuneration, and, exceptionally, participation in the management of the company, as defined by law;

XII - a family allowance for their dependents;

XII - a family allowance paid on account of the dependents of low-income workers under the terms of the law; (Wording given by Constitutional Amendment 20, of 1998)

XIII - normal working hours not exceeding eight hours per day and forty-four hours per week, with the compensation of hours and the reduction of the workday being permitted by collective bargaining agreement or convention; (See Decree-Law 5.452, of 1943)

XIV - a six-hour workday for work performed in continuous rotating shifts, unless otherwise provided by collective bargaining;

XV - paid weekly rest, preferably on Sundays;

XVI - remuneration for overtime work at least fifty percent higher than that for normal work; (See Del 5.452, art. 59 § 1)

XVII - enjoyment of paid annual vacation with at least one third more than the normal wage;

XVIII - maternity leave, without loss of employment or wages, for a duration of one hundred and twenty days;

XIX - paternity leave, under the terms set by law;

XX - protection of the labor market for women, through specific incentives, under the terms of the law;

XXI - prior notice proportional to length of service, of at least thirty days, under the terms of the law;

XXII - reduction of the risks inherent to work, through health, hygiene, and safety rules;

XXIII - additional remuneration for strenuous, unhealthy, or dangerous activities, as provided by law;

XXIV - retirement;

XXV - free assistance for children and dependents from birth to six years of age in daycare centers and preschools;

XXV - free assistance for children and dependents from birth to 5 (five) years of age in daycare centers and preschools; (Wording given by Constitutional Amendment 53, of 2006)

XXVI - recognition of collective bargaining conventions and agreements;

XXVII - protection in the face of automation, as provided by law;

XXVIII - insurance against work-related accidents, at the employer's expense, without excluding the indemnification the employer is obligated to pay when acting with intent or negligence;

XXIX - an action, as to claims arising from employment relationships, with a limitation period of:

a) five years for urban workers, up to the limit of two years after termination of the contract; b) up to two years after termination of the contract, for rural workers;

XXIX - an action, as to claims arising from employment relationships, with a limitation period of five years for urban and rural workers, up to the limit of two years after termination of the employment contract; (Wording given by Constitutional Amendment 28, of 2000)

a) (Repealed). (Wording given by Constitutional Amendment 28, of 2000)

b) (Repealed). (Wording given by Constitutional Amendment 28, of 2000)

XXX - prohibition of differences in wages, in the performance of duties, and in hiring criteria on the basis of sex, age, color, or marital status;

XXXI - prohibition of any discrimination with regard to wages and hiring criteria for workers with disabilities;

XXXII - prohibition of distinction between manual, technical, and intellectual work or among the respective professionals;

XXXIII - prohibition of night, dangerous, or unhealthy work for minors under eighteen years of age and of any work for minors under fourteen years of age, except as an apprentice;

XXXIII - prohibition of night, dangerous, or unhealthy work for minors under eighteen years of age and of any work for minors under sixteen years of age, except as an apprentice, from fourteen years of age; (Wording given by Constitutional Amendment 20, of 1998)

XXXIV - equality of rights between workers with a permanent employment relationship and casual workers

Sole paragraph. The category of domestic workers is ensured the rights provided for in items IV, VI, VIII, XV, XVII, XVIII, XIX, XXI, and XXIV, as well as their integration into social security.

Sole paragraph. The category of domestic workers is ensured the rights provided for in items IV, VI, VII, VIII, X, XIII, XV, XVI, XVII, XVIII, XIX, XXI, XXII, XXIV, XXVI, XXX, XXXI, and XXXIII and, subject to the conditions established by law and in compliance with the simplification of the fulfillment of tax obligations, principal and ancillary, arising from the employment relationship and its peculiarities, those provided for in items I, II, III, IX, XII, XXV, and XXVIII, as well as their integration into social security. (Wording given by Constitutional Amendment 72, of 2013)

Art. 8 Professional or union association is free, subject to the following:

I - the law may not require authorization from the State for the founding of a union, except for registration with the competent body, and interference and intervention by the Government in union organization are prohibited;

II - the creation of more than one union organization, at any level, representing a professional or economic category, in the same territorial base is prohibited; such base shall be defined by the interested workers or employers and may not be smaller than the area of a Municipality;

III - the union is responsible for defending the collective or individual rights and interests of the category, including in judicial or administrative matters;

IV - the general assembly shall set the contribution which, in the case of a professional category, shall be deducted from payroll to fund the confederative system of the respective union representation, independently of the contribution provided for by law;

V - no one shall be required to join or to remain a member of a union;

VI - the participation of unions in collective labor negotiations is mandatory;

VII - a retired member has the right to vote and to be voted for in union organizations;

VIII - the dismissal of a unionized employee is prohibited from the registration of his or her candidacy for a union leadership or representation position and, if elected, even as an alternate, until one year after the end of the term, unless he or she commits serious misconduct under the terms of the law.

Sole paragraph. The provisions of this article apply to the organization of rural unions and of fishermen's colonies, subject to the conditions established by law.

Art. 9 The right to strike is guaranteed, and it is for the workers to decide on the timing of its exercise and on the interests they shall defend by means of it.

§ 1 The law shall define the essential services or activities and shall provide for the meeting of the community's urgent needs.

§ 2 Abuses committed subject those responsible to the penalties of the law.

Art. 10. The participation of workers and employers in the collegiate bodies of public agencies in which their professional or social security interests are the subject of discussion and deliberation is guaranteed.

Art. 11. In companies with more than two hundred employees, the election of a representative of the employees is guaranteed, for the exclusive purpose of promoting their direct understanding with the employers.

CHAPTER III — NATIONALITY

Art. 12. The following are Brazilians:

I - by birth:

a) those born in the Federative Republic of Brazil, even if of foreign parents, provided that the parents are not in the service of their country;

b) those born abroad, of a Brazilian father or a Brazilian mother, provided that either of them is in the service of the Federative Republic of Brazil;

c) those born abroad, of a Brazilian father or a Brazilian mother, provided that they are registered with a competent Brazilian office, or come to reside in the Federative Republic of Brazil before reaching the age of majority and, having reached it, opt, at any time, for Brazilian nationality;

c ) those born abroad, of a Brazilian father or a Brazilian mother, provided that they come to reside in the Federative Republic of Brazil and opt, at any time, for Brazilian nationality; (Wording given by Constitutional Revision Amendment 3/1994)

c) those born abroad of a Brazilian father or of a Brazilian mother, provided that they are registered with a competent Brazilian office or come to reside in the Federative Republic of Brazil and opt, at any time, after reaching the age of majority, for Brazilian nationality; (Wording given by Constitutional Amendment 54/2007)

II - naturalized:

a) those who, as provided by law, acquire Brazilian nationality, with only one year of uninterrupted residence and good moral character being required of persons originating from Portuguese-speaking countries;

b) foreigners of any nationality, resident in the Federative Republic of Brazil for more than thirty uninterrupted years and without criminal conviction, provided that they apply for Brazilian nationality.

b) foreigners of any nationality, resident in the Federative Republic of Brazil for more than fifteen uninterrupted years and without criminal conviction, provided that they apply for Brazilian nationality. (Wording given by Constitutional Revision Amendment 3/1994)

§ 1 - Portuguese nationals with permanent residence in the Country, if there is reciprocity in favor of Brazilians, shall be granted the rights inherent to Brazilians by birth, except in the cases provided for in this Constitution.

§ 1 Portuguese nationals with permanent residence in the Country, if there is reciprocity in favor of Brazilians, shall be granted the rights inherent to Brazilians, except in the cases provided for in this Constitution. (Wording given by Constitutional Revision Amendment 3/1994)

§ 2 The law may not establish any distinction between Brazilians by birth and naturalized Brazilians, except in the cases provided for in this Constitution.

§ 3 The following offices are reserved exclusively for Brazilians by birth:

I - President and Vice President of the Republic;

II - President of the Chamber of Deputies;

III - President of the Federal Senate;

IV - Justice of the Supremo Tribunal Federal;

V - the diplomatic career;

VI - officer of the Armed Forces.

VII - Minister of State for Defense. (Included by Constitutional Amendment 23/1999)

§ 4 - Loss of nationality shall be declared for a Brazilian who:

I - has his or her naturalization canceled by court judgment, by reason of activity harmful to the national interest;

I - has his or her naturalization canceled by court judgment, by reason of fraud related to the naturalization process or of an attack against the constitutional order and the Democratic State; (Wording given by Constitutional Amendment 131/2023)

II - acquires another nationality by voluntary naturalization.

II - acquires another nationality, except in the cases: (Wording given by Constitutional Revision Amendment 3/1994)

a) of recognition of original nationality by foreign law; (Included by Constitutional Revision Amendment 3/1994)

b) of imposition of naturalization, by the foreign rule, on a Brazilian resident in a foreign state, as a condition for remaining in its territory or for the exercise of civil rights; (Included by Constitutional Revision Amendment 3/1994)

II - makes an express request for loss of Brazilian nationality before the competent Brazilian authority, except for situations that would result in statelessness. (Wording given by Constitutional Amendment 131/2023)

a) repealed; (Wording given by Constitutional Amendment 131/2023)

b) repealed. (Wording given by Constitutional Amendment 131/2023)

§ 5 Renunciation of nationality, under the terms of item II of § 4 of this article, does not prevent the interested party from reacquiring his or her original Brazilian nationality, as provided by law. (Included by Constitutional Amendment 131/2023)

Art. 13. Portuguese is the official language of the Federative Republic of Brazil.

§ 1 The symbols of the Federative Republic of Brazil are the national flag, anthem, coat of arms and seal.

§ 2 The States, the Federal District and the Municipalities may have their own symbols.

CHAPTER IV — POLITICAL RIGHTS

Art. 14. Popular sovereignty shall be exercised by universal suffrage and by direct and secret vote, with equal value for all, and, as provided by law, by means of:

I - plebiscite;

II - referendum;

III - popular initiative.

§ 1 Voter registration and voting are:

I - mandatory for those over eighteen years of age;

II - optional for:

a) the illiterate;

b) those over seventy years of age;

c) those over sixteen and under eighteen years of age.

§ 2 Foreigners may not register as voters, nor may conscripts during the period of mandatory military service.

§ 3 The conditions for eligibility, as provided by law, are:

I - Brazilian nationality;

II - full exercise of political rights;

III - voter registration;

IV - electoral domicile in the electoral district;

V - party membership; Regulation

VI - the minimum age of:

a) thirty-five years for President and Vice President of the Republic and Senator;

b) thirty years for Governor and Vice Governor of a State and of the Federal District;

c) twenty-one years for Federal Deputy, State or District Deputy, Mayor, Vice Mayor and justice of the peace;

d) eighteen years for City Council Member.

§ 4 Those who cannot register as voters and the illiterate are ineligible.

§ 5 The President of the Republic, the Governors of States and of the Federal District, the Mayors and whoever has succeeded or replaced them in the six months preceding the election are ineligible for the same offices in the subsequent term.

§ 5 The President of the Republic, the Governors of States and of the Federal District, the Mayors and whoever has succeeded or replaced them during their terms may be reelected for a single subsequent term. (Wording given by Constitutional Amendment 16/1997)

§ 6 In order to run for other offices, the President of the Republic, the Governors of States and of the Federal District and the Mayors must resign from their respective offices at least six months before the election.

§ 7 The spouse and relatives by blood or marriage, up to the second degree or by adoption, of the President of the Republic, of a Governor of a State or Territory or of the Federal District, of a Mayor or of whoever has replaced them within the six months preceding the election are ineligible within the territorial jurisdiction of the officeholder, unless already holding elective office and running for reelection.

§ 8 A member of the military who is eligible to register as a voter is eligible for office, subject to the following conditions:

I - if he or she has less than ten years of service, he or she shall withdraw from active duty;

II - if he or she has more than ten years of service, he or she shall be placed on supernumerary status by the superior authority and, if elected, shall automatically be transferred to inactive status upon receipt of the certificate of election.

§ 9 A complementary law shall establish other cases of ineligibility and the periods for their cessation, in order to protect the normality and legitimacy of elections against the influence of economic power or the abuse of the exercise of a function, office or employment in the direct or indirect administration.

§ 9 A complementary law shall establish other cases of ineligibility and the periods for their cessation, in order to protect administrative probity, morality for the exercise of office taking into account the candidate's prior life, and the normality and legitimacy of elections against the influence of economic power or the abuse of the exercise of a function, office or employment in the direct or indirect administration. (Wording given by Constitutional Revision Amendment 4/1994)

§ 10 - An elective office may be challenged before the Electoral Courts within fifteen days from the issuance of the certificate of election, the action being supported by evidence of abuse of economic power, corruption or fraud.

§ 11 - The action challenging an elective office shall proceed under judicial secrecy, and the plaintiff shall be liable, as provided by law, if the action is reckless or in manifest bad faith.

§ 12. Popular consultations on local matters approved by the City Councils and submitted to the Electoral Courts up to 90 (ninety) days before the date of the elections shall be held concurrently with municipal elections, subject to the operational limits regarding the number of questions. (Included by Constitutional Amendment 111/2021)

§ 13. Statements for and against the matters submitted to popular consultations under the terms of § 12 shall take place during the electoral campaigns, without the use of free advertising on radio and television. (Included by Constitutional Amendment 111/2021)

Art. 15. The revocation of political rights is prohibited; their loss or suspension shall occur only in the cases of:

I - cancellation of naturalization by final and unappealable judgment;

II - absolute civil incapacity;

III - final and unappealable criminal conviction, for as long as its effects last;

IV - refusal to comply with an obligation imposed on all or with an alternative service, under the terms of art. 5, VIII;

V - administrative improbity, under the terms of art. 37, § 4.

Art. 16 A law that alters the electoral process shall enter into force only one year after its promulgation.

Art. 16. A law amending the electoral process shall enter into force on the date of its publication and shall not apply to any election held within one year of the date on which it takes effect. (Wording given by Constitutional Amendment 4, of 1993)

CHAPTER V — POLITICAL PARTIES

Art. 17. The creation, merger, incorporation and dissolution of political parties are free, provided that national sovereignty, the democratic regime, the multiparty system and the fundamental rights of the human person are safeguarded and the following precepts are observed: Regulation

I - national character;

II - prohibition on receiving financial resources from foreign entities or governments or on being subordinate to them;

III - rendering of accounts to the Electoral Courts;

IV - parliamentary operation in accordance with the law.

§ 1 Political parties are guaranteed autonomy to define their internal structure, organization and operation, and their bylaws shall establish rules of party loyalty and discipline.

§ 1 Political parties are guaranteed autonomy to define their internal structure, organization and operation and to adopt the criteria for choosing and the regime of their electoral coalitions, with no mandatory linkage among candidacies at the national, state, district or municipal level, and their bylaws shall establish rules of party discipline and loyalty. (Wording given by Constitutional Amendment 52, of 2006)

§ 1 Political parties are guaranteed autonomy to define their internal structure and to establish rules on the selection, formation and duration of their permanent and provisional bodies and on their organization and operation, and to adopt the criteria for choosing and the regime of their coalitions in majority elections, the formation of coalitions being prohibited in proportional elections, with no mandatory linkage among candidacies at the national, state, district or municipal level, and their bylaws shall establish rules of party discipline and loyalty. (Wording given by Constitutional Amendment 97, of 2017)

§ 2 Political parties, after acquiring legal personality under civil law, shall register their bylaws with the Superior Electoral Court.

§ 3 Political parties are entitled to resources from the party fund and to free access to radio and television, as provided by law.

§ 3 Only those political parties that, alternatively, meet one of the following conditions shall be entitled to resources from the party fund and to free access to radio and television, as provided by law: (Wording given by Constitutional Amendment 97, of 2017)

I - obtain, in the elections for the Chamber of Deputies, at least 3% (three percent) of the valid votes, distributed across at least one third of the units of the Federation, with a minimum of 2% (two percent) of the valid votes in each of them; or (Included by Constitutional Amendment 97, of 2017)

II - have elected at least fifteen Federal Deputies distributed across at least one third of the units of the Federation. (Included by Constitutional Amendment 97, of 2017)

§ 4 Political parties are prohibited from using paramilitary organizations.

§ 5 A person elected by a party that does not meet the requirements set forth in § 3 of this article is guaranteed the mandate and may, without loss of the mandate, join another party that has met them, and such affiliation shall not be considered for purposes of distributing party fund resources and free access to radio and television time. (Included by Constitutional Amendment 97, of 2017)

§ 6 Federal Deputies, State Deputies, District Deputies and City Council Members who leave the party through which they were elected shall lose their mandate, except in cases of consent by the party or other cases of just cause established by law, and in no case shall the change of party be counted for purposes of distributing resources from the party fund or other public funds and free access to radio and television. (Included by Constitutional Amendment 111, of 2021)

§ 7 Political parties shall apply at least 5% (five percent) of the party fund resources to the creation and maintenance of programs to promote and disseminate the political participation of women, in accordance with intraparty interests. (Included by Constitutional Amendment 117, of 2022)

§ 8 The amount of the Special Campaign Financing Fund and of the portion of the party fund allocated to electoral campaigns, as well as the free advertising time on radio and television to be distributed by the parties to their respective female candidates, shall be at least 30% (thirty percent), in proportion to the number of female candidates, and the distribution shall be carried out according to criteria defined by the respective governing bodies and by the bylaws, taking into account party autonomy and interest. (Included by Constitutional Amendment 117, of 2022)

§ 9 Of the resources from the Special Campaign Financing Fund and from the party fund allocated to electoral campaigns, political parties shall mandatorily apply 30% (thirty percent) to candidacies of Black and mixed-race persons, in the electoral districts that best serve party interests and strategies. (Included by Constitutional Amendment 133, of 2024)

TITLE III — Organization of the State

CHAPTER I — POLITICAL AND ADMINISTRATIVE ORGANIZATION

Art. 18. The political and administrative organization of the Federative Republic of Brazil comprises the Union, the States, the Federal District and the Municipalities, all autonomous, under the terms of this Constitution.

§ 1 Brasília is the Federal Capital.

§ 2 The Federal Territories are part of the Union, and their creation, transformation into a State or reintegration into the State of origin shall be regulated by complementary law.

§ 3 The States may merge with one another, subdivide or break away in order to be annexed to others or to form new States or Federal Territories, upon approval by the directly interested population, by plebiscite, and by the National Congress, by complementary law.

§ 4 The creation, incorporation, merger and splitting of Municipalities shall preserve the continuity and the historical and cultural unity of the urban environment, shall be carried out by state law, subject to the requirements set forth in a state Complementary Law, and shall depend on prior consultation, by plebiscite, of the directly interested populations.

§ 4 The creation, incorporation, merger and splitting of Municipalities shall be carried out by state law, within the period determined by Federal Complementary Law, and shall depend on prior consultation, by plebiscite, of the populations of the Municipalities involved, after disclosure of the Municipal Feasibility Studies, presented and published as provided by law. (Wording given by Constitutional Amendment 15, of 1996) See art. 96 - ADCT (See Complementary Law 230, of 2026)

Art. 19. The Union, the States, the Federal District and the Municipalities are prohibited from:

I - establishing religious sects or churches, subsidizing them, hindering their operation or maintaining relations of dependence or alliance with them or their representatives, except for collaboration in the public interest, as provided by law;

II - refusing to give credence to public documents;

III - creating distinctions among Brazilians or preferences among themselves.

CHAPTER II — THE UNION

Art. 20. The following are property of the Union:

I - those that currently belong to it and those that may be assigned to it;

II - the unoccupied public lands indispensable to the defense of the borders, of military fortifications and constructions, of federal communication routes and to environmental preservation, as defined by law;

III - the lakes, rivers and any watercourses on lands within its domain, or that flow through more than one State, serve as boundaries with other countries, or extend into foreign territory or originate therefrom, as well as the marginal lands and river beaches;

IV - river and lake islands in zones bordering other countries; sea beaches; oceanic and coastal islands, excluding, from the latter, the areas referred to in art. 26, II;

IV river and lake islands in zones bordering other countries; sea beaches; oceanic and coastal islands, excluding, from the latter, those containing the seat of Municipalities, except for areas assigned to public service and federal environmental units, and those referred to in art. 26, II; (Wording given by Constitutional Amendment 46, of 2005)

V - the natural resources of the continental shelf and of the exclusive economic zone;

VI - the territorial sea;

VII - the tidelands and their accretions;

VIII - hydraulic energy potentials;

IX - mineral resources, including those of the subsoil;

X - natural underground cavities and archaeological and prehistoric sites;

XI - the lands traditionally occupied by the Indians.

§ 1 The States, the Federal District and the Municipalities, as well as bodies of the direct administration of the Union, are guaranteed, under the terms of the law, a share in the proceeds of the exploitation of oil or natural gas, of water resources for the purpose of generating electric power and of other mineral resources in their respective territory, continental shelf, territorial sea or exclusive economic zone, or financial compensation for such exploitation.

§ 1 The Union, the States, the Federal District and the Municipalities are guaranteed, under the terms of the law, a share in the proceeds of the exploitation of oil or natural gas, of water resources for the purpose of generating electric power and of other mineral resources in their respective territory, continental shelf, territorial sea or exclusive economic zone, or financial compensation for such exploitation. (Wording given by Constitutional Amendment 102, of 2019) (Effectiveness)

§ 2 The strip of up to one hundred and fifty kilometers in width along the land borders, designated as the border strip, is considered fundamental to the defense of the national territory, and its occupation and use shall be regulated by law.

Art. 21. The Union shall have the power to:

I - maintain relations with foreign States and participate in international organizations;

II - declare war and make peace;

III - ensure national defense;

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

V - decree a state of siege, a state of defense and federal intervention;

VI - authorize and oversee the production and trade of war materiel;

VII - issue currency;

VIII - administer the foreign exchange reserves of the Country and oversee financial transactions, especially those involving credit, foreign exchange and capitalization, as well as insurance and private pension transactions;

IX - prepare and implement national and regional plans for territorial planning and for economic and social development;

X - maintain the postal service and the national air mail;

XI - operate, directly or through concession to companies under state shareholding control, telephone, telegraph and data transmission services and other public telecommunications services, with the provision of information services by private-law entities through the public telecommunications network operated by the Union being guaranteed.

XI - operate, directly or through authorization, concession or permission, telecommunications services, under the terms of the law, which shall provide for the organization of the services, the creation of a regulatory agency and other institutional aspects; (Wording given by Constitutional Amendment 8, of 15/08/95:)

XII - operate, directly or through authorization, concession or permission:

a) sound broadcasting services, and sound and image broadcasting services and other telecommunications services;

a) sound broadcasting services, and sound and image broadcasting services; (Wording given by Constitutional Amendment 8, of 15/08/95:)

b) electric power services and facilities and the energy use of watercourses, in coordination with the States where the hydroelectric potentials are located;

c) air and aerospace navigation and airport infrastructure;

d) rail and waterway transportation services between Brazilian ports and national borders, or that cross the boundaries of a State or Territory;

e) interstate and international road passenger transportation services;

f) sea, river and lake ports;

XIII - to organize and maintain the Judiciary, the Public Prosecutor's Office and the Public Defender's Office of the Federal District and of the Territories;

XIII - to organize and maintain the Judiciary, the Public Prosecutor's Office of the Federal District and of the Territories, and the Public Defender's Office of the Territories; (Wording given by Constitutional Amendment 69/2012) (Effectiveness)

XIV - to organize and maintain the federal police, the federal highway police and the federal railway police, as well as the civil police, the military police and the military fire department of the Federal District and of the Territories;

XIV - to organize and maintain the civil police, the military police and the military fire department of the Federal District, as well as to provide financial assistance to the Federal District for the performance of public services, through a specific fund; (Wording given by Constitutional Amendment 19/1998)

XIV - to organize and maintain the civil police, the penal police, the military police and the military fire department of the Federal District, as well as to provide financial assistance to the Federal District for the performance of public services, through a specific fund; (Wording given by Constitutional Amendment 104/2019)

XV - to organize and maintain the official statistics, geography, geology and cartography services of national scope;

XVI - to carry out the rating, for advisory purposes, of public entertainment and of radio and television programs;

XVII - to grant amnesty;

XVIII - to plan and promote permanent defense against public calamities, especially droughts and floods;

XIX - to establish a national water resources management system and to define criteria for granting rights to their use; Regulation

XX - to establish guidelines for urban development, including housing, basic sanitation and urban transportation;

XXI - to establish principles and guidelines for the national transportation system;

XXII - to carry out maritime, air and border police services;

XXII - to carry out maritime, airport and border police services; (Wording given by Constitutional Amendment 19/1998)

XXIII - to operate nuclear services and facilities of any kind and to exercise a state monopoly over the prospecting, mining, enrichment and reprocessing, industrialization and trade of nuclear ores and their by-products, in compliance with the following principles and conditions:

a) all nuclear activity within the national territory shall be permitted only for peaceful purposes and upon approval by the National Congress;

b) under a concession or permission regime, the use of radioisotopes is authorized for research and for medical, agricultural and industrial uses and similar activities;

b) under a permission regime, the sale and use of radioisotopes are authorized for research and for medical, agricultural and industrial uses; (Wording given by Constitutional Amendment 49/2006)

b) under a permission regime, the sale and use of radioisotopes are authorized for agricultural and industrial research and use; (Wording given by Constitutional Amendment 118/2022)

c) civil liability for nuclear damage does not depend on the existence of fault;

c) under a permission regime, the production, sale and use of radioisotopes with a half-life equal to or shorter than two hours are authorized; (Wording given by Constitutional Amendment 49/2006)

c) under a permission regime, the production, sale and use of radioisotopes for medical research and use are authorized; (Wording given by Constitutional Amendment 118/2022)

d) civil liability for nuclear damage does not depend on the existence of fault; (Added by Constitutional Amendment 49/2006)

XXIV - to organize, maintain and carry out labor inspection;

XXV - to establish the areas and conditions for the exercise of small-scale mining (garimpagem) activity in associative form.

XXVI - to organize and oversee the protection and processing of personal data, as provided by law. (Added by Constitutional Amendment 115/2022)

Art. 22. The Union has exclusive power to legislate on:

I - civil, commercial, criminal, procedural, electoral, agrarian, maritime, aeronautical, space and labor law;

II - expropriation;

III - civil and military requisitions, in case of imminent danger and in time of war;

IV - water, energy, information technology, telecommunications and broadcasting;

V - postal service;

VI - the monetary system and the system of measures, titles and guarantees of metals;

VII - credit, foreign exchange, insurance and transfer of funds policy;

VIII - foreign and interstate trade;

IX - guidelines for the national transportation policy;

X - the regime of ports and of lake, river, maritime, air and aerospace navigation;

XI - traffic and transportation;

XII - deposits, mines, other mineral resources and metallurgy;

XIII - nationality, citizenship and naturalization;

XIV - indigenous populations;

XV - emigration and immigration, entry, extradition and expulsion of foreigners;

XVI - organization of the national employment system and conditions for the exercise of professions;

XVII - judicial organization, organization of the Public Prosecutor's Office and of the Public Defender's Office of the Federal District and of the Territories, as well as their administrative organization;

XVII - judicial organization, organization of the Public Prosecutor's Office of the Federal District and of the Territories and of the Public Defender's Office of the Territories, as well as their administrative organization; (Wording given by Constitutional Amendment 69/2012) (Effectiveness)

XVIII - the national statistical, cartographic and geological systems;

XIX - savings systems, and the raising and guarantee of popular savings;

XX - consortium and lottery systems;

XXI - general rules on organization, personnel, war materiel, guarantees, call-up and mobilization of the military police and military fire departments;

XXI - general rules on organization, personnel, war materiel, guarantees, call-up, mobilization, retirement and pensions of the military police and of the military fire departments; (Wording given by Constitutional Amendment 103/2019)

XXII - jurisdiction of the federal police and of the federal highway and railway police;

XXIII - social security;

XXIV - guidelines and bases of national education;

XXV - public registries;

XXVI - nuclear activities of any kind;

XXVII - general rules on public bidding and contracting, in all modalities, for the direct and indirect public administration, including foundations established and maintained by the Government, in the various spheres of government, and companies under its control;

XXVII - general rules on public bidding and contracting, in all modalities, for the direct public administration, autonomous agencies and foundations of the Union, States, Federal District and Municipalities, in compliance with the provisions of art. 37, XXI, and for public companies and mixed-capital companies, under the terms of art. 173, § 1, III; (Wording given by Constitutional Amendment 19/1998)

XXVIII - territorial defense, aerospace defense, maritime defense, civil defense and national mobilization;

XXIX - commercial advertising.

XXX - protection and processing of personal data. (Added by Constitutional Amendment 115/2022)

Sole paragraph. A supplementary law may authorize the States to legislate on specific issues within the matters listed in this article.

Art. 23. The Union, the States, the Federal District and the Municipalities have common power to:

I - ensure the safeguarding of the Constitution, the laws and democratic institutions, and preserve public property;

II - provide for public health and assistance, and for the protection and guarantee of persons with disabilities; (See ADPF 672)

III - protect documents, works and other assets of historical, artistic and cultural value, monuments, notable natural landscapes and archaeological sites;

IV - prevent the removal, destruction and defacement of works of art and other assets of historical, artistic or cultural value;

V - provide the means of access to culture, education and science;

V - provide the means of access to culture, education, science, technology, research and innovation; (Wording given by Constitutional Amendment 85/2015)

VI - protect the environment and combat pollution in any of its forms;

VII - preserve forests, fauna and flora;

VIII - foster agricultural and livestock production and organize the food supply;

IX - promote housing construction programs and the improvement of housing and basic sanitation conditions; (See ADPF 672)

X - combat the causes of poverty and the factors of marginalization, promoting the social integration of disadvantaged sectors;

XI - register, monitor and oversee the granting of rights to prospect for and exploit water and mineral resources within their territories;

XII - establish and implement a traffic safety education policy.

Sole paragraph. A supplementary law shall establish rules for cooperation between the Union and the States, the Federal District and the Municipalities, with a view to the balance of development and well-being at the national level.

Sole paragraph. Supplementary laws shall establish rules for cooperation between the Union and the States, the Federal District and the Municipalities, with a view to the balance of development and well-being at the national level. (Wording given by Constitutional Amendment 53/2006)

Art. 24. The Union, the States and the Federal District have concurrent power to legislate on:

I - tax, financial, penitentiary, economic and urban planning law; (See Law 13.874/2019)

II - budget;

III - boards of trade;

IV - court service costs;

V - production and consumption;

VI - forests, hunting, fishing, fauna, nature conservation, protection of the soil and of natural resources, environmental protection and pollution control;

VII - protection of historical, cultural, artistic, touristic and scenic heritage;

VIII - liability for damage to the environment, to consumers, and to assets and rights of artistic, aesthetic, historical, touristic and scenic value;

IX - education, culture, teaching and sports;

IX - education, culture, teaching, sports, science, technology, research, development and innovation; (Wording given by Constitutional Amendment 85/2015)

X - creation, operation and procedure of small claims courts;

XI - procedures in procedural matters;

XII - social security, protection and defense of health; (See ADPF 672)

XIII - legal assistance and the Public Defender's Office;

XIV - protection and social integration of persons with disabilities;

XV - protection of children and youth;

XVI - organization, guarantees, rights and duties of the civil police.

§ 1 Within the scope of concurrent legislation, the power of the Union shall be limited to establishing general rules. (See Law 13.874/2019)

§ 2 The power of the Union to legislate on general rules does not exclude the supplementary power of the States. (See Law 13.874/2019)

§ 3 In the absence of a federal law on general rules, the States shall exercise full legislative power to meet their particular needs. (See Law 13.874/2019)

§ 4 The subsequent enactment of a federal law on general rules suspends the effectiveness of the state law to the extent that it is contrary thereto. (See Law 13.874/2019)

CHAPTER III — THE FEDERATED STATES

Art. 25. The States are organized and governed by the Constitutions and laws they adopt, in observance of the principles of this Constitution.

§ 1 The States are reserved the powers that are not denied to them by this Constitution.

§ 2 The States shall operate, directly or by concession to a state-owned company with exclusive distribution rights, the local piped gas services.

§ 2 The States shall operate, directly or by concession, the local piped gas services, as provided by law, and the issuance of a provisional measure to regulate them is prohibited. (Wording given by Constitutional Amendment 5/1995)

§ 3º The States may, by complementary law, establish metropolitan regions, urban agglomerations and microregions, made up of groupings of adjoining municipalities, to integrate the organization, planning and performance of public functions of common interest.

Art. 26. The property of the States includes:

I - surface or underground waters, whether flowing, emerging or impounded, except, in the latter case, as provided by law, those resulting from works of the Union;

II - the areas, on oceanic and coastal islands, that are within their domain, excluding those under the domain of the Union, the Municipalities or third parties;

III - river and lake islands not belonging to the Union;

IV - unoccupied public lands not included among those of the Union.

Art. 27. The number of Deputies in the Legislative Assembly shall correspond to three times the representation of the State in the Chamber of Deputies and, once the number of thirty-six is reached, shall be increased by as many as there are Federal Deputies above twelve.

§ 1º The term of office of State Deputies shall be four years, and the rules of this Constitution on the electoral system, inviolability, immunities, remuneration, loss of office, leave, impediments and incorporation into the Armed Forces shall apply to them.

§ 2º The remuneration of State Deputies shall be set in each legislature, for the subsequent one, by the Legislative Assembly, in compliance with the provisions of arts. arts. 150, II, 153, III and 153, § 2.º, I.

§ 2.º The remuneration of State Deputies shall be set in each legislature, for the subsequent one, by the Legislative Assembly, in compliance with the provisions of arts. arts. 150, II, 153, III and 153, § 2.º, I, at a ratio of, at most, seventy-five percent of that established, in cash, for Federal Deputies. (Wording given by Constitutional Amendment 1/1992)

§ 2º The compensation of State Deputies shall be set by law initiated by the Legislative Assembly, at a ratio of, at most, seventy-five percent of that established, in cash, for Federal Deputies, in compliance with the provisions of arts. 39, § 4º, 57, § 7º, 150, II, 153, III, and 153, § 2º, I. (Wording given by Constitutional Amendment 19/1998)

§ 3º The Legislative Assemblies have the power to provide for their internal rules, policing and the administrative services of their secretariat, and to fill the respective positions.

§ 4º The law shall provide for popular initiative in the state legislative process.

Art. 28. The election of the Governor and Vice-Governor of a State, for a term of four years, shall be held ninety days before the end of the term of their predecessors, and they shall take office on January 1 of the subsequent year, in compliance, as to all else, with the provisions of art. 77.

Art. 28. The election of the Governor and Vice-Governor of a State, for a term of four years, shall be held on the first Sunday of October, in the first round, and on the last Sunday of October, in the second round, if any, of the year preceding the end of the term of their predecessors, and they shall take office on January 1 of the subsequent year, in compliance, as to all else, with the provisions of art. 77. (Wording given by Constitutional Amendment 16/1997)

Art. 28. The election of the Governor and Vice-Governor of a State, for a term of 4 (four) years, shall be held on the first Sunday of October, in the first round, and on the last Sunday of October, in the second round, if any, of the year preceding the end of the term of their predecessors, and they shall take office on January 6 of the subsequent year, in compliance, as to all else, with the provisions of art. 77 of this Constitution. (Wording given by Constitutional Amendment 111/2021)

Sole paragraph. A Governor who takes another position or function in the direct or indirect public administration shall lose office, except for taking office by virtue of a public competitive examination and in compliance with the provisions of art. 38, I, IV and V.

§ 1º A Governor who takes another position or function in the direct or indirect public administration shall lose office, except for taking office by virtue of a public competitive examination and in compliance with the provisions of art. 38, I, IV and V. (Renumbered from the sole paragraph by Constitutional Amendment 19/1998)

§ 2º The compensation of the Governor, the Vice-Governor and the State Secretaries shall be set by law initiated by the Legislative Assembly, in compliance with the provisions of arts. 37, XI, 39, § 4º, 150, II, 153, III, and 153, § 2º, I. (Included by Constitutional Amendment 19/1998)

CHAPTER IV — The Municipalities

Art. 29. The Municipality shall be governed by an organic law, voted on in two rounds, with a minimum interval of ten days, and approved by two thirds of the members of the Municipal Council, which shall promulgate it, in compliance with the principles established in this Constitution and in the Constitution of the respective State and with the following precepts:

I - election of the Mayor, the Vice-Mayor and the Council Members, for a term of four years, by direct and simultaneous election held throughout the Country;

II - election of the Mayor and the Vice-Mayor up to ninety days before the end of the term of those they are to succeed, applying the rules of art. 77, in the case of municipalities with more than two hundred thousand voters;

II - election of the Mayor and the Vice-Mayor held on the first Sunday of October of the year preceding the end of the term of those they are to succeed, applying the rules of art. 77, in the case of Municipalities with more than two hundred thousand voters; (Wording given by Constitutional Amendment 16/1997)

III - the Mayor and the Vice-Mayor take office on January 1 of the year subsequent to that of the election;

IV - number of Council Members proportional to the population of the Municipality, in compliance with the following limits:

a) a minimum of nine and a maximum of twenty-one in Municipalities of up to one million inhabitants;

b) a minimum of thirty-three and a maximum of forty-one in Municipalities of more than one million and fewer than five million inhabitants;

c) a minimum of forty-two and a maximum of fifty-five in Municipalities of more than five million inhabitants;

IV - for the composition of the Municipal Councils, the following maximum limit shall be observed: (Wording given by Constitutional Amendment 58/2009) (Effectiveness) (See ADIN 4307)

a) 9 (nine) Council Members, in Municipalities of up to 15,000 (fifteen thousand) inhabitants; (Wording given by Constitutional Amendment 58/2009)

b) 11 (eleven) Council Members, in Municipalities of more than 15,000 (fifteen thousand) inhabitants and up to 30,000 (thirty thousand) inhabitants; (Wording given by Constitutional Amendment 58/2009)

c) 13 (thirteen) Council Members, in Municipalities with more than 30,000 (thirty thousand) inhabitants and up to 50,000 (fifty thousand) inhabitants; (Wording given by Constitutional Amendment 58/2009)

d) 15 (fifteen) Council Members, in Municipalities of more than 50,000 (fifty thousand) inhabitants and up to 80,000 (eighty thousand) inhabitants; (Included by Constitutional Amendment 58/2009)

e) 17 (seventeen) Council Members, in Municipalities of more than 80,000 (eighty thousand) inhabitants and up to 120,000 (one hundred twenty thousand) inhabitants; (Included by Constitutional Amendment 58/2009)

f) 19 (nineteen) Council Members, in Municipalities of more than 120,000 (one hundred twenty thousand) inhabitants and up to 160,000 (one hundred sixty thousand) inhabitants; (Included by Constitutional Amendment 58/2009)

g) 21 (twenty-one) Council Members, in Municipalities of more than 160,000 (one hundred sixty thousand) inhabitants and up to 300,000 (three hundred thousand) inhabitants; (Included by Constitutional Amendment 58/2009)

h) 23 (twenty-three) Council Members, in Municipalities of more than 300,000 (three hundred thousand) inhabitants and up to 450,000 (four hundred fifty thousand) inhabitants; (Included by Constitutional Amendment 58/2009)

i) 25 (twenty-five) Council Members, in Municipalities of more than 450,000 (four hundred fifty thousand) inhabitants and up to 600,000 (six hundred thousand) inhabitants; (Included by Constitutional Amendment 58/2009)

j) 27 (twenty-seven) Council Members, in Municipalities of more than 600,000 (six hundred thousand) inhabitants and up to 750,000 (seven hundred fifty thousand) inhabitants; (Included by Constitutional Amendment 58/2009)

k) 29 (twenty-nine) Council Members, in Municipalities of more than 750,000 (seven hundred fifty thousand) inhabitants and up to 900,000 (nine hundred thousand) inhabitants; (Included by Constitutional Amendment 58/2009)

l) 31 (thirty-one) Council Members, in Municipalities of more than 900,000 (nine hundred thousand) inhabitants and up to 1,050,000 (one million fifty thousand) inhabitants; (Included by Constitutional Amendment 58/2009)

m) 33 (thirty-three) Council Members, in Municipalities of more than 1,050,000 (one million fifty thousand) inhabitants and up to 1,200,000 (one million two hundred thousand) inhabitants; (Included by Constitutional Amendment 58/2009)

n) 35 (thirty-five) Council Members, in Municipalities of more than 1,200,000 (one million two hundred thousand) inhabitants and up to 1,350,000 (one million three hundred fifty thousand) inhabitants; (Included by Constitutional Amendment 58/2009)

o) 37 (thirty-seven) Council Members, in Municipalities of 1,350,000 (one million three hundred fifty thousand) inhabitants and up to 1,500,000 (one million five hundred thousand) inhabitants; (Included by Constitutional Amendment 58/2009)

p) 39 (thirty-nine) Council Members, in Municipalities of more than 1,500,000 (one million five hundred thousand) inhabitants and up to 1,800,000 (one million eight hundred thousand) inhabitants; (Included by Constitutional Amendment 58/2009)

q) 41 (forty-one) Council Members, in Municipalities of more than 1,800,000 (one million eight hundred thousand) inhabitants and up to 2,400,000 (two million four hundred thousand) inhabitants; (Included by Constitutional Amendment 58/2009)

r) 43 (forty-three) Council Members, in Municipalities of more than 2,400,000 (two million four hundred thousand) inhabitants and up to 3,000,000 (three million) inhabitants; (Included by Constitutional Amendment 58/2009)

s) 45 (forty-five) Council Members, in Municipalities of more than 3,000,000 (three million) inhabitants and up to 4,000,000 (four million) inhabitants; (Included by Constitutional Amendment 58/2009)

t) 47 (forty-seven) Council Members, in Municipalities of more than 4,000,000 (four million) inhabitants and up to 5,000,000 (five million) inhabitants; (Included by Constitutional Amendment 58/2009)

u) 49 (forty-nine) Council Members, in Municipalities of more than 5,000,000 (five million) inhabitants and up to 6,000,000 (six million) inhabitants; (Included by Constitutional Amendment 58/2009)

v) 51 (fifty-one) Council Members, in Municipalities of more than 6,000,000 (six million) inhabitants and up to 7,000,000 (seven million) inhabitants; (Included by Constitutional Amendment 58/2009)

w) 53 (fifty-three) Council Members, in Municipalities of more than 7,000,000 (seven million) inhabitants and up to 8,000,000 (eight million) inhabitants; and (Included by Constitutional Amendment 58/2009)

x) 55 (fifty-five) Council Members, in Municipalities of more than 8,000,000 (eight million) inhabitants; (Included by Constitutional Amendment 58/2009)

V - remuneration of the Mayor, the Vice-Mayor and the Council Members set by the Municipal Council in each legislature, for the subsequent one, in compliance with the provisions of arts. 37, XI, 150, II, 153, III, and 153, § 2.º, I;

V - compensation of the Mayor, the Vice-Mayor and the Municipal Secretaries set by law initiated by the Municipal Council, in compliance with the provisions of arts. 37, XI, 39, § 4º, 150, II, 153, III, and 153, § 2º, I; (Wording given by Constitutional Amendment 19/1998)

VI - the remuneration of the Council Members shall correspond to, at most, seventy-five percent of that established, in cash, for State Deputies, subject to the provisions of art. 37, XI; (Included by Constitutional Amendment 1/1992)

VI - compensation of the City Council Members set by a law initiated by the City Council, at a maximum of seventy-five percent of the compensation established, in cash, for the State Deputies, subject to the provisions of arts. 39, § 4, 57, § 7, 150, II, 153, III, and 153, § 2, I; (Wording given by Constitutional Amendment 19, of 1998)

VI - the compensation of the City Council Members shall be set by the respective City Councils in each legislative term for the subsequent one, subject to the provisions of this Constitution, to the criteria established in the respective Organic Law, and to the following maximum limits: (Wording given by Constitutional Amendment 25, of 2000)

a) in Municipalities of up to ten thousand inhabitants, the maximum compensation of the City Council Members shall correspond to twenty percent of the compensation of the State Deputies; (Added by Constitutional Amendment 25, of 2000)

b) in Municipalities of ten thousand and one to fifty thousand inhabitants, the maximum compensation of the City Council Members shall correspond to thirty percent of the compensation of the State Deputies; (Added by Constitutional Amendment 25, of 2000)

c) in Municipalities of fifty thousand and one to one hundred thousand inhabitants, the maximum compensation of the City Council Members shall correspond to forty percent of the compensation of the State Deputies; (Added by Constitutional Amendment 25, of 2000)

d) in Municipalities of one hundred thousand and one to three hundred thousand inhabitants, the maximum compensation of the City Council Members shall correspond to fifty percent of the compensation of the State Deputies; (Added by Constitutional Amendment 25, of 2000)

e) in Municipalities of three hundred thousand and one to five hundred thousand inhabitants, the maximum compensation of the City Council Members shall correspond to sixty percent of the compensation of the State Deputies; (Added by Constitutional Amendment 25, of 2000)

f) in Municipalities of more than five hundred thousand inhabitants, the maximum compensation of the City Council Members shall correspond to seventy-five percent of the compensation of the State Deputies; (Added by Constitutional Amendment 25, of 2000)

VII - the total expenditure on the remuneration of the City Council Members may not exceed the amount of five percent of the revenue of the Municipality; (Added by Constitutional Amendment 1, of 1992)

VIII - inviolability of the City Council Members for their opinions, words and votes in the exercise of their mandate and within the territory of the Municipality; (Renumbered from item VI by Constitutional Amendment 1, of 1992)

IX - prohibitions and incompatibilities, in the exercise of the office of City Council Member, similar, where applicable, to those set forth in this Constitution for the members of the National Congress and in the Constitution of the respective State for the members of the Legislative Assembly; (Renumbered from item VII by Constitutional Amendment 1, of 1992)

X - trial of the Mayor before the Court of Justice; (Renumbered from item VIII by Constitutional Amendment 1, of 1992)

XI - organization of the legislative and oversight functions of the City Council; (Renumbered from item IX by Constitutional Amendment 1, of 1992)

XII - cooperation of representative associations in municipal planning; (Renumbered from item X by Constitutional Amendment 1, of 1992)

XIII - popular initiative of bills of specific interest to the Municipality, the city or neighborhoods, through the expression of at least five percent of the electorate; (Renumbered from item XI by Constitutional Amendment 1, of 1992)

XIV - loss of the Mayor's mandate, under the terms of art. 28, sole paragraph. (Renumbered from item XII by Constitutional Amendment 1, of 1992)

Art. 29-A. The total expenditure of the Municipal Legislative Branch, including the compensation of the City Council Members and excluding expenses with retirees, may not exceed the following percentages of the sum of the tax revenue and of the transfers provided for in § 5 of art. 153 and in arts. 158 and 159, actually collected in the previous fiscal year: (Added by Constitutional Amendment 25, of 2000)

Art. 29-A. The total expenditure of the Municipal Legislative Branch, including the compensation of the City Council Members and the other expenses with retired personnel and pensioners, may not exceed the following percentages of the sum of the tax revenue and of the transfers provided for in § 5 of art. 153 and in arts. 158 and 159 of this Constitution, actually collected in the previous fiscal year: (Wording given by Constitutional Amendment 109, of 2021) (Effective date)

I - eight percent for Municipalities with a population of up to one hundred thousand inhabitants; (Added by Constitutional Amendment 25, of 2000)

I - 7% (seven percent) for Municipalities with a population of up to 100,000 (one hundred thousand) inhabitants; (Wording given by Constitutional Amendment 58, of 2009) (Production of effects)

II - seven percent for Municipalities with a population between one hundred thousand and one and three hundred thousand inhabitants; (Added by Constitutional Amendment 25, of 2000)

II - 6% (six percent) for Municipalities with a population between 100,000 (one hundred thousand) and 300,000 (three hundred thousand) inhabitants; (Wording given by Constitutional Amendment 58, of 2009)

III - six percent for Municipalities with a population between three hundred thousand and one and five hundred thousand inhabitants; (Added by Constitutional Amendment 25, of 2000)

III - 5% (five percent) for Municipalities with a population between 300,001 (three hundred thousand and one) and 500,000 (five hundred thousand) inhabitants; (Wording given by Constitutional Amendment 58, of 2009)

IV - five percent for Municipalities with a population above five hundred thousand inhabitants. (Added by Constitutional Amendment 25, of 2000)

IV - 4.5% (four and five tenths percent) for Municipalities with a population between 500,001 (five hundred thousand and one) and 3,000,000 (three million) inhabitants; (Wording given by Constitutional Amendment 58, of 2009)

V - 4% (four percent) for Municipalities with a population between 3,000,001 (three million and one) and 8,000,000 (eight million) inhabitants; (Added by Constitutional Amendment 58, of 2009)

VI - 3.5% (three and five tenths percent) for Municipalities with a population above 8,000,001 (eight million and one) inhabitants. (Added by Constitutional Amendment 58, of 2009)

§ 1 The City Council shall not spend more than seventy percent of its revenue on payroll, including the expenditure on the compensation of its City Council Members. (Added by Constitutional Amendment 25, of 2000)

§ 2 The following constitutes a crime of malfeasance by the Mayor: (Added by Constitutional Amendment 25, of 2000)

I - making a transfer that exceeds the limits defined in this article; (Added by Constitutional Amendment 25, of 2000)

II - failing to send the transfer by the twentieth day of each month; or (Added by Constitutional Amendment 25, of 2000)

III - sending it in an amount lower than the proportion set in the Budget Law. (Added by Constitutional Amendment 25, of 2000)

§ 3 Failure to comply with § 1 of this article constitutes a crime of malfeasance by the President of the City Council. (Added by Constitutional Amendment 25, of 2000)

Art. 30. The Municipalities have the power to:

I - legislate on matters of local interest;

II - supplement federal and state legislation where applicable; (See ADPF 672)

III - institute and collect the taxes within their jurisdiction, as well as apply their revenues, without prejudice to the obligation to render accounts and publish balance sheets within the periods set by law;

IV - create, organize and abolish districts, subject to state legislation;

V - organize and provide, directly or under a concession or permission regime, the public services of local interest, including public transportation, which is essential in nature;

VI - maintain, with the technical and financial cooperation of the Union and the State, preschool education and elementary education programs;

VI - maintain, with the technical and financial cooperation of the Union and the State, early childhood education and elementary education programs; (Wording given by Constitutional Amendment 53, of 2006)

VII - provide, with the technical and financial cooperation of the Union and the State, health care services to the population;

VIII - promote, where applicable, adequate territorial planning, through planning and control of the use, subdivision and occupation of urban land;

IX - promote the protection of the local historical and cultural heritage, subject to federal and state legislation and oversight action.

Art. 31. Oversight of the Municipality shall be exercised by the Municipal Legislative Branch, through external control, and by the internal control systems of the Municipal Executive Branch, as provided by law.

§ 1 The external control of the City Council shall be exercised with the assistance of the Courts of Accounts of the States or of the Municipality or of the Councils or Courts of Accounts of the Municipalities, where they exist, their abolition, creation or establishment being prohibited. (Wording given by Constitutional Amendment 139, of 2026)

§ 2 The prior opinion, issued by the competent body on the accounts that the Mayor must render annually, shall cease to prevail only by decision of two thirds of the members of the City Council.

§ 3 The accounts of the Municipalities shall remain, for sixty days each year, available to any taxpayer for examination and review, and the taxpayer may question their legitimacy, under the terms of the law.

§ 4 The creation of Municipal Courts, Councils or bodies of Accounts is prohibited.

CHAPTER V — THE FEDERAL DISTRICT AND THE TERRITORIES

Section I — THE FEDERAL DISTRICT

Art. 32. The Federal District, whose division into Municipalities is prohibited, 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, in compliance with the principles established in this Constitution.

§ 1 The legislative powers reserved to the States and Municipalities are assigned to the Federal District.

§ 2 The election of the Governor and the Vice-Governor, subject to the rules of art. 77, and of the District Deputies shall coincide with that of the Governors and State Deputies, for a mandate of equal duration.

§ 3 The provisions of art. 27 apply to the District Deputies and to the Legislative Chamber.

§ 4 A federal law shall provide for the use, by the Government of the Federal District, of the civil and military police forces and of the military fire brigade.

§ 4 A federal law shall provide for the use, by the Government of the Federal District, of the civil police, the penal police, the military police and the military fire brigade. (Wording given by Constitutional Amendment 104, of 2019)

Section II — THE TERRITORIES

Art. 33. The law shall provide for the administrative and judicial organization of the Territories.

§ 1 The Territories may be divided into Municipalities, to which the provisions of Chapter IV of this Title shall apply, where applicable.

§ 2 The accounts of the Government of the Territory shall be submitted to the National Congress, with a prior opinion of the Federal Court of Accounts.

§ 3 In Federal Territories with more than one hundred thousand inhabitants, in addition to the Governor appointed as provided in this Constitution, there shall be judicial bodies of first and second instance, members of the Public Prosecutor's Office and federal public defenders; the law shall provide for the elections to the Territorial Chamber and its deliberative powers.

CHAPTER VI — INTERVENTION

Art. 34. The Union shall not intervene in the States or in the Federal District, except to:

I - maintain national integrity;

II - repel foreign invasion or invasion of one unit of the Federation by another;

III - put an end to a serious disturbance of public order;

IV - guarantee the free exercise of any of the Branches of Government in the units of the Federation;

V - reorganize the finances of the unit of the Federation that:

a) suspends payment of its funded debt for more than two consecutive years, except for reasons of force majeure;

b) fails to deliver to the Municipalities the tax revenues set forth in this Constitution, within the periods established by law;

VI - ensure the enforcement of a federal law, or of a court order or decision;

VII - ensure compliance with the following constitutional principles:

a) republican form, representative system and democratic regime;

b) rights of the human person;

c) municipal autonomy;

d) accountability of the public administration, direct and indirect.

e) application of the minimum required share of the revenue derived from state taxes, including revenue from transfers, to the maintenance and development of education. (Added by Constitutional Amendment 14, of 1996)

e) application of the minimum required share of the revenue derived from state taxes, including revenue from transfers, to the maintenance and development of education and to public health actions and services. (Wording given by Constitutional Amendment 29, of 2000)

Art. 35. The State shall not intervene in its Municipalities, nor shall the Union intervene in Municipalities located in a Federal Territory, except when:

I - funded debt is not paid, without reason of force majeure, for two consecutive years;

II - the accounts due are not rendered, as provided by law;

III - the minimum required share of municipal revenue has not been applied to the maintenance and development of education;

III - the minimum required share of municipal revenue has not been applied to the maintenance and development of education and to public health actions and services; (Wording given by Constitutional Amendment 29, of 2000)

IV - the Tribunal de Justiça grants a representation to ensure observance of principles set forth in the State Constitution, or to provide for the execution of a law, of a judicial order or of a judicial decision.

Art. 36. The decreeing of intervention shall depend:

I - in the case of art. 34, IV, on a request from the Legislative Branch or the Executive Branch that is coerced or impeded, or on a requisition from the Supremo Tribunal Federal, if the coercion is exercised against the Judicial Branch;

II - in the case of disobedience to a judicial order or decision, on a requisition from the Supremo Tribunal Federal, the Superior Tribunal de Justiça or the Tribunal Superior Eleitoral;

III -- on the granting, by the Supremo Tribunal Federal, of a representation by the Procurador-Geral da República, in the case of art. 34, VII;

III - on the granting, by the Supremo Tribunal Federal, of a representation by the Procurador-Geral da República, in the case of art. 34, VII, and in the case of refusal to execute a federal law. (Wording given by Constitutional Amendment 45, of 2004)

IV - on the granting, by the Superior Tribunal de Justiça, of a representation by the Procurador-Geral da República, in the case of refusal to execute a federal law. (Repealed by Constitutional Amendment 45, of 2004)

§ 1º The intervention decree, which shall specify the scope, the term and the conditions of execution and which, if applicable, shall appoint the intervenor, shall be submitted to the consideration of the National Congress or of the Legislative Assembly of the State within twenty-four hours.

§ 2º If the National Congress or the Legislative Assembly is not in session, an extraordinary session shall be convened within the same period of twenty-four hours.

§ 3º In the cases of art. 34, VI and VII, or of art. 35, IV, consideration by the National Congress or by the Legislative Assembly being dispensed with, the decree shall be limited to suspending the execution of the challenged act, if that measure suffices to restore normality.

§ 4º Once the grounds for the intervention have ceased, the authorities removed from their offices shall return to them, unless legally impeded.

CHAPTER VII — PUBLIC ADMINISTRATION

Section I

GENERAL PROVISIONS

Art. 37. The direct, indirect or foundational public administration of any of the Branches of the Union, the States, the Federal District and the Municipalities shall obey the principles of legality, impersonality, morality, publicity and, also, the following:

I - public offices, jobs and functions are accessible to Brazilians who meet the requirements established by law;

II - investiture in a public office or job depends on prior approval in a public competitive examination of tests or of tests and credentials, except for appointments to a commissioned office declared by law to be of free appointment and dismissal;

Art. 37. The direct and indirect public administration of any of the Branches of the Union, the States, the Federal District and the Municipalities shall obey the principles of legality, impersonality, morality, publicity and efficiency and, also, the following: (Wording given by Constitutional Amendment 19, of 1998)

I - public offices, jobs and functions are accessible to Brazilians who meet the requirements established by law, as well as to foreigners, as provided by law; (Wording given by Constitutional Amendment 19, of 1998)

II - investiture in a public office or job depends on prior approval in a public competitive examination of tests or of tests and credentials, according to the nature and complexity of the office or job, in the manner provided by law, except for appointments to a commissioned office declared by law to be of free appointment and dismissal; (Wording given by Constitutional Amendment 19, of 1998)

III - the period of validity of the public competitive examination shall be up to two years, extendable once, for an equal period;

IV - during the non-extendable period provided in the call notice, a person approved in a public competitive examination of tests or of tests and credentials shall be called with priority over newly approved candidates to take up an office or job in the career;

V - commissioned offices and positions of trust shall be held, preferably, by servants holding a technical or professional career office, in the cases and under the conditions provided by law;

V - positions of trust, held exclusively by servants holding a tenured office, and commissioned offices, to be filled by career servants in the cases, under the conditions and at the minimum percentages provided by law, are intended solely for duties of direction, management and advisory services; (Wording given by Constitutional Amendment 19, of 1998)

VI - civil public servants are guaranteed the right to free union association;

VII - the right to strike shall be exercised under the terms and within the limits defined in a complementary law;

VII - the right to strike shall be exercised under the terms and within the limits defined in a specific law; (Wording given by Constitutional Amendment 19, of 1998)

VIII - the law shall reserve a percentage of public offices and jobs for persons with disabilities and shall define the criteria for their admission;

IX - the law shall establish the cases of hiring for a fixed term to meet a temporary need of exceptional public interest; (See Constitutional Amendment 106, of 2020)

X - the general revision of the remuneration of public servants, without distinction of indices between civil and military public servants, shall always be made on the same date;

X - the remuneration of public servants and the subsidy referred to in § 4º of art. 39 may only be fixed or altered by a specific law, observing the exclusive initiative in each case, a general annual revision being assured, always on the same date and without distinction of indices; (Wording given by Constitutional Amendment 19, of 1998) (Regulation)

XI - the law shall fix the maximum limit and the ratio of values between the highest and the lowest remuneration of public servants, observing, as maximum limits and within the respective branches, the amounts received as remuneration, in cash, on any basis, by members of the National Congress, Ministers of State and Justices of the Supremo Tribunal Federal and their counterparts in the States, the Federal District and the Territories, and, in the Municipalities, the amounts received as remuneration, in cash, by the Mayor; (See Law 8.448, of 1992)

XI - the remuneration and the subsidy of holders of public offices, functions and jobs in the direct administration, autonomous agencies and foundations, of members of any of the Branches of the Union, the States, the Federal District and the Municipalities, of holders of elective office and of other political agents, and retirement benefits, pensions or any other type of remuneration, received cumulatively or not, including personal advantages or advantages of any other nature, may not exceed the monthly subsidy, in cash, of the Justices of the Supremo Tribunal Federal, the limit applicable being, in the Municipalities, the subsidy of the Mayor, and in the States and the Federal District, the monthly subsidy of the Governor within the Executive Branch, the subsidy of State and District Deputies within the Legislative Branch and the subsidy of the Judges (Desembargadores) of the Tribunal de Justiça, limited to ninety point twenty-five percent of the monthly subsidy, in cash, of the Justices of the Supremo Tribunal Federal, within the Judicial Branch, this limit being applicable to members of the Public Prosecution Office, to Procurators and to Public Defenders; (Wording given by Constitutional Amendment 41, of 12.19.2003)

XII - the salaries of offices of the Legislative Branch and of the Judicial Branch may not be higher than those paid by the Executive Branch;

XIII - the linking or equating of salaries, for the purpose of remunerating public service personnel, is prohibited, except as provided in the preceding item and in art. 39, § 1º;

XIII - the linking or equating of any types of remuneration for the purpose of remunerating public service personnel is prohibited; (Wording given by Constitutional Amendment 19, of 1998)

XIV - pecuniary increases received by a public servant shall not be computed or accumulated, for purposes of granting subsequent increases, under the same title or on identical grounds;

XIV - pecuniary increases received by a public servant shall not be computed or accumulated for purposes of granting subsequent increases; (Wording given by Constitutional Amendment 19, of 1998)

XV - the salaries of public servants are irreducible, and remuneration shall observe the provisions of arts. 37, XI and XII, 150, II, 153, III and § 2º, I; (Wording given by Constitutional Amendment 18, of 1998)

XV - the subsidy and the salaries of holders of public offices and jobs are irreducible, except as provided in items XI and XIV of this article and in arts. 39, § 4º, 150, II, 153, III, and 153, § 2º, I; (Wording given by Constitutional Amendment 19, of 1998)

XVI - the remunerated accumulation of public offices is prohibited, except, when the working hours are compatible:

a) that of two teaching offices;

b) that of one teaching office with another technical or scientific office;

c) that of two offices reserved exclusively for physicians;

XVI - the remunerated accumulation of public offices is prohibited, except, when the working hours are compatible, observing in any case the provisions of item XI: (Wording given by Constitutional Amendment 19, of 1998)

a) that of two teaching offices; (Wording given by Constitutional Amendment 19, of 1998)

b) that of one teaching office with another technical or scientific office; (Wording given by Constitutional Amendment 19, of 1998)

b) that of one teaching office with another office of any nature; (Wording given by Constitutional Amendment 138, of 2025)

c) that of two offices reserved exclusively for physicians; (Wording given by Constitutional Amendment 19, of 1998)

c) that of two offices or jobs reserved exclusively for health professionals, with regulated professions; (Wording given by Constitutional Amendment 34, of 2001)

XVII - the prohibition on accumulation extends to jobs and functions and covers autonomous agencies, public enterprises, mixed-capital companies and foundations maintained by the Government;

XVII - the prohibition on accumulation extends to employments and functions and covers autarchies, foundations, public enterprises, mixed-capital companies, their subsidiaries, and companies controlled, directly or indirectly, by the government; (Wording given by Constitutional Amendment 19, of 1998)

XVIII - the tax administration and its tax officials shall have, within their areas of competence and jurisdiction, precedence over the other administrative sectors, as provided by law;

XIX - a public enterprise, mixed-capital company, autarchy or public foundation may be created only by specific law;

XIX - only by specific law may an autarchy be created and the establishment of a public enterprise, a mixed-capital company and a foundation be authorized, and in the latter case a complementary law shall define their areas of operation; (Wording given by Constitutional Amendment 19, of 1998)

XX - the creation of subsidiaries of the entities mentioned in the preceding item, as well as the participation of any of them in a private enterprise, depends on legislative authorization in each case;

XXI - except for the cases specified in legislation, works, services, purchases and disposals shall be contracted through a public bidding process that ensures equal conditions to all bidders, with clauses establishing payment obligations, maintaining the effective conditions of the bid, under the terms of the law, which shall only allow the technical and economic qualification requirements indispensable to guarantee the performance of the obligations. (Regulation)

XXII - the tax administrations of the Union, the States, the Federal District and the Municipalities, activities essential to the functioning of the State, performed by civil servants of specific careers, shall have priority resources for carrying out their activities and shall act in an integrated manner, including through the sharing of registries and tax information, as provided by law or agreement. (Included by Constitutional Amendment 42, of 12.19.2003)

§ 1 The publicity of acts, programs, works, services and campaigns of public bodies shall be educational, informative or of social guidance in nature, and may not contain names, symbols or images that characterize personal promotion of public authorities or civil servants.

§ 2 Failure to observe the provisions of items II and III shall result in the nullity of the act and the punishment of the responsible authority, under the terms of the law.

§ 3 Complaints regarding the provision of public services shall be regulated by law.

§ 3 The law shall regulate the forms of user participation in the direct and indirect public administration, regulating in particular: (Wording given by Constitutional Amendment 19, of 1998)

I - complaints regarding the provision of public services in general, ensuring the maintenance of user service facilities and the periodic external and internal evaluation of the quality of the services; (Included by Constitutional Amendment 19, of 1998)

II - user access to administrative records and to information on government acts, subject to the provisions of art. 5, X and XXXIII; (Included by Constitutional Amendment 19, of 1998) (See Law 12.527, of 2011)

III - the regulation of complaints against the negligent or abusive exercise of a position, employment or function in the public administration. (Included by Constitutional Amendment 19, of 1998)

§ 4 Acts of administrative improbity shall result in the suspension of political rights, loss of public function, unavailability of assets and reimbursement to the public treasury, in the form and gradation provided by law, without prejudice to the applicable criminal action.

§ 5 The law shall establish the limitation periods for unlawful acts committed by any agent, whether a civil servant or not, that cause losses to the public treasury, except for the respective reimbursement actions.

§ 6 Legal entities governed by public law and those governed by private law that provide public services shall be liable for the damages that their agents, acting in that capacity, cause to third parties, with the right of recourse against the responsible party being ensured in cases of willful misconduct or fault.

§ 7 The law shall provide for the requirements and restrictions applicable to the holder of a position or employment in the direct and indirect administration that allows access to privileged information. (Included by Constitutional Amendment 19, of 1998)

§ 8 The managerial, budgetary and financial autonomy of the bodies and entities of the direct and indirect administration may be expanded by means of a contract, to be entered into between their administrators and the government, whose purpose is the setting of performance targets for the body or entity, and the law shall provide for: (Included by Constitutional Amendment 19, of 1998) (Regulation) (Effectiveness)

I - the term of the contract; (Included by Constitutional Amendment 19, of 1998)

II - the controls and criteria for performance evaluation, rights, obligations and liability of the managers; (Included by Constitutional Amendment 19, of 1998)

III - the compensation of personnel. (Included by Constitutional Amendment 19, of 1998)

§ 9 The provisions of item XI apply to public enterprises and mixed-capital companies, and their subsidiaries, that receive funds from the Union, the States, the Federal District or the Municipalities for the payment of personnel expenses or operating expenses in general. (Included by Constitutional Amendment 19, of 1998)

§ 10. The simultaneous receipt of retirement benefits arising from art. 40 or from arts. 42 and 142 together with the compensation of a public position, employment or function is prohibited, except for positions that may be accumulated under this Constitution, elective positions and positions in commission declared by law to be of free appointment and dismissal. (Included by Constitutional Amendment 20, of 1998) (See Constitutional Amendment 20, of 1998)

§ 11. Amounts of an indemnifying nature provided by law shall not be counted for purposes of the compensation limits referred to in item XI of the caput of this article. (Included by Constitutional Amendment 47, of 2005)

§ 11. Amounts of an indemnifying nature expressly provided for in an ordinary law, approved by the National Congress, of national scope, applied to all Branches and constitutionally autonomous bodies, shall not be counted for purposes of the compensation limits referred to in item XI of the caput of this article. (Wording given by Constitutional Amendment 135, of 2024)

§ 12. For the purposes of the provisions of item XI of the caput of this article, the States and the Federal District may set, within their sphere, by means of an amendment to their respective Constitutions and Organic Law, as a single limit, the monthly subsidy of the Judges (Desembargadores) of the respective Court of Justice, limited to ninety and twenty-five hundredths percent of the monthly subsidy of the Justices of the Supremo Tribunal Federal, and the provisions of this paragraph do not apply to the subsidies of State and District Deputies and of City Council Members. (Included by Constitutional Amendment 47, of 2005)

§ 13. A civil servant holding a tenured position may be reassigned to perform a position whose duties and responsibilities are compatible with the limitation suffered in his or her physical or mental capacity, for as long as this condition persists, provided that he or she has the qualification and the level of education required for the destination position, with the compensation of the original position being maintained. (Included by Constitutional Amendment 103, of 2019)

§ 14. Retirement granted using contribution time arising from a public position, employment or function, including under the General Social Security Regime, shall result in the termination of the relationship that generated said contribution time. (Included by Constitutional Amendment 103, of 2019)

§ 15. Supplementation of retirement benefits of civil servants and of death pensions to their dependents that does not arise from the provisions of §§ 14 to 16 of art. 40 or that is not provided for in a law extinguishing a special social security regime is prohibited. (Included by Constitutional Amendment 103, of 2019)

§ 16. The bodies and entities of the public administration, individually or jointly, shall conduct evaluations of public policies, including disclosure of the object to be evaluated and the results achieved, as provided by law. (Included by Constitutional Amendment 109, of 2021)

Art. 38. The following provisions apply to a civil servant holding an elective office:

Art. 38. The following provisions apply to a civil servant of the direct, autarchic and foundational administration holding an elective office: (Wording given by Constitutional Amendment 19, of 1998)

I - in the case of a federal, state or district elective office, he or she shall be removed from his or her position, employment or function;

II - when invested in the office of Mayor, he or she shall be removed from the position, employment or function, and may opt for its compensation;

III - when invested in the office of City Council Member, if the schedules are compatible, he or she shall receive the benefits of his or her position, employment or function, without prejudice to the compensation of the elective office, and, if they are not compatible, the rule of the preceding item shall apply;

IV - in any case requiring removal for the exercise of an elective office, his or her time of service shall be counted for all legal purposes, except for promotion on merit;

V - for purposes of social security benefits, in the event of removal, the amounts shall be determined as if he or she were in service.

V - if he or she is insured under a special social security regime, he or she shall remain enrolled in that regime, in the federative entity of origin. (Wording given by Constitutional Amendment 103, of 2019)

Section II — CIVIL PUBLIC SERVANTS

PUBLIC SERVANTS

(Wording given by Constitutional Amendment 18, of 1998)

Art. 39. The Union, the States, the Federal District and the Municipalities shall establish, within their sphere of competence, a single legal regime and career plans for the servants of the direct public administration, autarchies and public foundations. (See ADI 2.135)

Art. 39. The Union, the States, the Federal District and the Municipalities shall establish a council on personnel administration and compensation policy, composed of civil servants designated by the respective Branches. (Wording given by Constitutional Amendment 19, of 1998) (See ADI 2.135)

§ 1 The law shall ensure, to the servants of the direct administration, equal pay for positions with equal or similar duties within the same Branch or among servants of the Executive, Legislative and Judicial Branches, except for benefits of an individual nature and those relating to the nature or place of work. (See Law 8.448, of 1992)

§ 1 The setting of pay scales and of the other components of the compensation system shall observe: (Wording given by Constitutional Amendment 19, of 1998)

I - the nature, the degree of responsibility and the complexity of the positions comprising each career; (Included by Constitutional Amendment 19, of 1998)

II - the requirements for investiture; (Included by Constitutional Amendment 19, of 1998)

III - the particularities of the positions. (Included by Constitutional Amendment 19, of 1998)

§ 2 The provisions of art. 7, IV, VI, VII, VIII, IX, XII, XIII, XV, XVI, XVII, XVIII, XIX, XX, XXII, XXIII and XXX apply to these servants.

§ 2 The Union, the States and the Federal District shall maintain schools of government for the training and improvement of civil servants, with participation in the courses constituting one of the requirements for career promotion, and for this purpose the execution of agreements or contracts between the federated entities is permitted. (Wording given by Constitutional Amendment 19, of 1998)

§ 3 The provisions of art. 7, IV, VII, VIII, IX, XII, XIII, XV, XVI, XVII, XVIII, XIX, XX, XXII and XXX apply to servants holding a public position, and the law may establish differentiated admission requirements when the nature of the position so requires. (Included by Constitutional Amendment 19, of 1998)

§ 4. Members of a Branch of Government, holders of elective office, Ministers of State, and State and Municipal Secretaries shall be compensated exclusively by a subsidy fixed as a single lump sum, and the addition of any gratuity, supplement, bonus, award, representation allowance, or any other form of compensation is prohibited, subject, in any case, to the provisions of art. 37, X and XI. (Added by Constitutional Amendment 19, of 1998)

§ 5. A law of the Union, the States, the Federal District, and the Municipalities may establish the ratio between the highest and the lowest compensation of public servants, subject, in any case, to the provisions of art. 37, XI. (Added by Constitutional Amendment 19, of 1998)

§ 6. The Executive, Legislative, and Judicial Branches shall publish annually the amounts of the subsidy and of the compensation of public positions and public jobs. (Added by Constitutional Amendment 19, of 1998)

§ 7. A law of the Union, the States, the Federal District, and the Municipalities shall govern the use of budgetary resources arising from savings in current expenditures in each agency, autonomous government entity, and foundation, for use in the development of programs for quality and productivity, training and development, modernization, re-equipment, and rationalization of the public service, including in the form of a productivity supplement or award. (Added by Constitutional Amendment 19, of 1998)

§ 8. The compensation of public servants organized in careers may be fixed under the terms of § 4. (Added by Constitutional Amendment 19, of 1998)

§ 9. The incorporation into the compensation of the permanent position of benefits that are temporary in nature or linked to the exercise of a position of trust or a commissioned position is prohibited. (Added by Constitutional Amendment 103, of 2019)

Art. 40. The servant shall be retired:

I - for permanent disability, with full retirement pay when resulting from a work-related accident, occupational illness, or a serious, contagious, or incurable disease, as specified by law, and proportional retirement pay in the other cases;

II - compulsorily, at seventy years of age, with retirement pay proportional to the length of service;

III - voluntarily:

a) after thirty-five years of service, if a man, and thirty, if a woman, with full retirement pay;

b) after thirty years of actual exercise of teaching functions, if a male teacher, and twenty-five, if a female teacher, with full retirement pay;

c) after thirty years of service, if a man, and twenty-five, if a woman, with retirement pay proportional to that period;

d) at sixty-five years of age, if a man, and sixty, if a woman, with retirement pay proportional to the length of service.

§ 1 - A complementary law may establish exceptions to the provisions of item III, "a" and "c", in the case of the exercise of activities deemed arduous, unhealthy, or hazardous.

§ 2 - The law shall provide for retirement in temporary positions or jobs.

§ 3 - Federal, state, or municipal public service time shall be counted in full for purposes of retirement and of availability status.

§ 4 - Retirement pay shall be revised, in the same proportion and on the same date, whenever the compensation of active servants is modified, and any benefits or advantages subsequently granted to active servants shall also be extended to retirees, including when resulting from the transformation or reclassification of the position or function in which the retirement occurred, as provided by law.

§ 5 - The survivor's pension benefit shall correspond to the full salary or retirement pay of the deceased servant, up to the limit established by law, subject to the provisions of the preceding paragraph.

Art. 40 - Servants holding permanent positions in the Union, the States, the Federal District, and the Municipalities, including their autonomous government entities and foundations, are guaranteed a contributory social security regime, subject to criteria that preserve financial and actuarial balance and to the provisions of this article. (Wording provided by Constitutional Amendment 20, of 12/15/98)

Art. 40. Servants holding permanent positions in the Union, the States, the Federal District, and the Municipalities, including their autonomous government entities and foundations, are guaranteed a contributory and solidarity-based social security regime, funded by contributions from the respective public entity, from active and inactive servants, and from pensioners, subject to criteria that preserve financial and actuarial balance and to the provisions of this article. (Wording provided by Constitutional Amendment 41, of 12.19.2003)

Art. 40. The own social security regime of servants holding permanent positions shall be contributory and solidarity-based in nature, funded by contributions from the respective federative entity, from active servants, from retirees, and from pensioners, subject to criteria that preserve financial and actuarial balance. (Wording provided by Constitutional Amendment 103, of 2019)

§ 1. Servants covered by the social security regime addressed in this article shall be retired, with their retirement pay calculated based on the amounts fixed as provided in § 3:

§ 1. Servants covered by the social security regime addressed in this article shall be retired, with their retirement pay calculated based on the amounts fixed as provided in §§ 3 and 17: (Wording provided by Constitutional Amendment 41, of 12.19.2003)

§ 1. A servant covered by an own social security regime shall be retired: (Wording provided by Constitutional Amendment 103, of 2019)

I - for permanent disability, with retirement pay proportional to the contribution period, except if resulting from a work-related accident, occupational illness, or a serious, contagious, or incurable disease, as specified by law; (Wording provided by Constitutional Amendment 20, of 1998)

I - for permanent disability, with retirement pay proportional to the contribution period, except if resulting from a work-related accident, occupational illness, or a serious, contagious, or incurable disease, as provided by law; (Wording provided by Constitutional Amendment 41, of 12.19.2003)

I - for permanent incapacity for work, in the position held, when the servant is not susceptible to rehabilitation, in which case periodic assessments shall be mandatory to verify the continuation of the conditions that gave rise to the granting of the retirement, as provided by law of the respective federative entity; (Wording provided by Constitutional Amendment 103, of 2019)

II - compulsorily, at seventy years of age, with retirement pay proportional to the contribution period; (Wording provided by Constitutional Amendment 20, of 1998)

II - compulsorily, with retirement pay proportional to the contribution period, at 70 (seventy) years of age, or at 75 (seventy-five) years of age, as provided by complementary law; (Wording provided by Constitutional Amendment 88, of 2015) (See Complementary Law 152, of 2015)

III - voluntarily, provided that a minimum period of ten years of actual exercise in the public service and five years in the permanent position in which the retirement will occur has been completed, subject to the following conditions: (Wording provided by Constitutional Amendment 20, of 1998)

a) sixty years of age and thirty-five years of contribution, if a man, and fifty-five years of age and thirty years of contribution, if a woman; (Wording provided by Constitutional Amendment 20, of 1998) (See Constitutional Amendment 20, of 1998)

b) sixty-five years of age, if a man, and sixty years of age, if a woman, with retirement pay proportional to the contribution period (Wording provided by Constitutional Amendment 20, of 1998)

III - within the Union, at 62 (sixty-two) years of age, if a woman, and at 65 (sixty-five) years of age, if a man, and, within the States, the Federal District, and the Municipalities, at the minimum age established by amendment to the respective Constitutions and Organic Laws, subject to the contribution period and the other requirements established in a complementary law of the respective federative entity. (Wording provided by Constitutional Amendment 103, of 2019)

§ 2. Retirement pay and pensions, at the time they are granted, may not exceed the compensation of the respective servant in the permanent position in which the retirement occurred or which served as the reference for granting the pension. (Wording provided by Constitutional Amendment 20, of 1998)

§ 2. Retirement pay may not be lower than the minimum amount referred to in § 2 of art. 201 or higher than the maximum limit established for the General Social Security Regime, subject to the provisions of §§ 14 to 16. (Wording provided by Constitutional Amendment 103, of 2019)

§ 3. Retirement pay, at the time it is granted, shall be calculated based on the compensation of the servant in the permanent position in which the retirement occurs and, as provided by law, shall correspond to the full compensation. (Wording provided by Constitutional Amendment 20, of 12/15/98)

§ 3. For the calculation of retirement pay, at the time it is granted, the compensation used as the basis for the servant's contributions to the social security regimes addressed in this article and in art. 201 shall be considered, as provided by law. (Wording provided by Constitutional Amendment 41, of 12.19.2003)

§ 3. The rules for calculating retirement pay shall be governed by law of the respective federative entity. (Wording provided by Constitutional Amendment 103, of 2019)

§ 4. The adoption of differentiated requirements and criteria for granting retirement to those covered by the regime addressed in this article is prohibited, except in the cases of activities performed exclusively under special conditions that are harmful to health or physical integrity, as defined in a complementary law. (Wording provided by Constitutional Amendment 20, of 12/15/98)

§ 4. The adoption of differentiated requirements and criteria for granting retirement to those covered by the regime addressed in this article is prohibited, except, under the terms defined in complementary laws, in the cases of servants: (Wording provided by Constitutional Amendment 47, of 2005)

I with disabilities; (Added by Constitutional Amendment 47, of 2005)

II who perform hazardous activities; (Added by Constitutional Amendment 47, of 2005)

III whose activities are performed under special conditions that are harmful to health or physical integrity. (Added by Constitutional Amendment 47, of 2005)

§ 4. The adoption of differentiated requirements or criteria for granting benefits under an own social security regime is prohibited, except as provided in §§ 4-A, 4-B, 4-C, and 5. (Wording provided by Constitutional Amendment 103, of 2019)

§ 4-A. A complementary law of the respective federative entity may establish differentiated age and contribution period requirements for the retirement of servants with disabilities, previously subjected to a biopsychosocial assessment conducted by a multiprofessional and interdisciplinary team. (Added by Constitutional Amendment 103, of 2019)

§ 4-B. A complementary law of the respective federative entity may establish differentiated age and contribution period requirements for the retirement of holders of the position of prison officer, socio-educational officer, or police officer of the agencies addressed in item IV of the caput of art. 51, item XIII of the caput of art. 52, and items I to IV of the caput of art. 144. (Added by Constitutional Amendment 103, of 2019)

§ 4-C. A complementary law of the respective federative entity may establish differentiated age and contribution period requirements for the retirement of servants whose activities are performed with actual exposure to chemical, physical, and biological agents harmful to health, or a combination of such agents, and characterization by professional category or occupation is prohibited. (Added by Constitutional Amendment 103, of 2019)

§ 5. The age and contribution period requirements shall be reduced by five years, in relation to the provisions of § 1, III, "a", for teachers who prove exclusively time of actual exercise of teaching functions in early childhood education and in elementary and secondary education. (Wording given by Constitutional Amendment 20, of 12/15/98)

§ 5 Holders of the position of teacher shall have the minimum age reduced by 5 (five) years in relation to the ages resulting from the application of the provisions of item III of § 1, provided that they prove time of effective exercise of teaching functions in early childhood education and in elementary and secondary education, as established in a complementary law of the respective federative entity. (Wording given by Constitutional Amendment 103, of 2019)

§ 6 The retirement benefits and pensions of federal public servants shall be funded with resources from the Federal Government and from the contributions of the servants, as provided by law. (Added by Constitutional Amendment 3, of 1993)

§ 6 Except for retirement benefits arising from positions that may be held concurrently under this Constitution, receiving more than one retirement benefit under the pension regime provided for in this article is prohibited. (Wording given by Constitutional Amendment 20, of 12/15/98)

§ 6 Except for retirement benefits arising from positions that may be held concurrently under this Constitution, receiving more than one retirement benefit under a public servants' pension regime is prohibited, and the other prohibitions, rules and conditions for the accumulation of social security benefits established in the General Social Security Regime shall apply. (Wording given by Constitutional Amendment 103, of 2019)

§ 7 - The law shall provide for the granting of the death pension benefit, which shall be equal to the amount of the retirement benefits of the deceased servant or to the amount of the retirement benefits to which the servant in active service would have been entitled on the date of death, subject to the provisions of § 3 (Added by Constitutional Amendment 20, of 12/15/98)

§ 7 The law shall provide for the granting of the death pension benefit, which shall be equal to: (Wording given by Constitutional Amendment 41, 12.19.2003)

I - the total amount of the retirement benefits of the deceased servant, up to the maximum limit established for the benefits of the general social security regime referred to in art. 201, plus seventy percent of the portion exceeding this limit, if retired on the date of death; or (Added by Constitutional Amendment 41, 12.19.2003) (See ADIN 3133)

II - the total amount of the remuneration of the servant in the permanent position held at the time of death, up to the maximum limit established for the benefits of the general social security regime referred to in art. 201, plus seventy percent of the portion exceeding this limit, if in active service on the date of death. (Added by Constitutional Amendment 41, 12.19.2003) (See ADIN 3133)

§ 7 Subject to the provisions of § 2 of art. 201, when it is the only source of formal income earned by the dependent, the death pension benefit shall be granted under the terms of the law of the respective federative entity, which shall treat differently the case of death of the servants referred to in § 4-B resulting from aggression suffered in the exercise of, or by reason of, their function. (Wording given by Constitutional Amendment 103, of 2019)

§ 8 Subject to the provisions of art. 37, XI, retirement benefits and pensions shall be revised in the same proportion and on the same date whenever the remuneration of servants in active service is modified, and any benefits or advantages subsequently granted to servants in active service shall also be extended to retirees and pensioners, including when resulting from the transformation or reclassification of the position or function in which the retirement occurred or which served as the reference for the granting of the pension, as provided by law. (Added by Constitutional Amendment 20, of 12/15/98)

§ 8 The adjustment of benefits is guaranteed in order to preserve their real value on a permanent basis, in accordance with criteria established by law. (Wording given by Constitutional Amendment 41, 12.19.2003)

§ 9 Federal, state or municipal contribution time shall be counted for purposes of retirement, and the corresponding service time for purposes of availability status. (Added by Constitutional Amendment 20, of 12/15/98)

§ 9 Federal, state, district or municipal contribution time shall be counted for purposes of retirement, subject to the provisions of §§ 9 and 9-A of art. 201, and the corresponding service time shall be counted for purposes of availability status. (Wording given by Constitutional Amendment 103, of 2019)

§ 10 - The law may not establish any form of counting of fictitious contribution time. (Added by Constitutional Amendment 20, of 12/15/98) (See Constitutional Amendment 20, of 1998)

§ 11 - The limit set in art. 37, XI, applies to the total sum of retirement benefits, including when resulting from the accumulation of public positions or public employment, as well as from other activities subject to contribution to the general social security regime, and to the amount resulting from adding retirement benefits to the remuneration of a position that may be held concurrently under this Constitution, a commission position declared by law to be of free appointment and dismissal, and an elective office. (Added by Constitutional Amendment 20, of 12/15/98)

§ 12 - In addition to the provisions of this article, the pension regime of public servants holding permanent positions shall observe, where applicable, the requirements and criteria set for the general social security regime. (Added by Constitutional Amendment 20, of 12/15/98)

§ 12. In addition to the provisions of this article, the requirements and criteria set for the General Social Security Regime shall be observed, where applicable, in a public servants' pension regime. (Wording given by Constitutional Amendment 103, of 2019)

§ 13 - The general social security regime applies to the servant holding, exclusively, a commission position declared by law to be of free appointment and dismissal, as well as another temporary position or public employment. (Added by Constitutional Amendment 20, of 12/15/98)

§ 13. The General Social Security Regime applies to the public agent holding, exclusively, a commission position declared by law to be of free appointment and dismissal, another temporary position, including elective office, or public employment. (Wording given by Constitutional Amendment 103, of 2019)

§ 14 - The Federal Government, the States, the Federal District and the Municipalities, provided that they establish a complementary pension regime for their respective servants holding permanent positions, may set, for the amount of the retirement benefits and pensions to be granted under the regime referred to in this article, the maximum limit established for the benefits of the general social security regime referred to in art. 201. (Added by Constitutional Amendment 20, of 12/15/98)

§ 14. The Federal Government, the States, the Federal District and the Municipalities shall establish, by law initiated by the respective Executive Branch, a complementary pension regime for public servants holding permanent positions, subject to the maximum limit of the benefits of the General Social Security Regime for the amount of retirement benefits and pensions under a public servants' pension regime, except as provided in § 16. (Wording given by Constitutional Amendment 103, of 2019)

§ 15 - Subject to the provisions of art. 202, a complementary law shall provide for the general rules for the establishment of a complementary pension regime by the Federal Government, States, Federal District and Municipalities, to serve their respective servants holding permanent positions. (Added by Constitutional Amendment 20, of 12/15/98)

§ 15. The complementary pension regime referred to in § 14 shall be established by law initiated by the respective Executive Branch, subject to the provisions of art. 202 and its paragraphs, where applicable, through closed complementary pension entities of a public nature, which shall offer their respective participants benefit plans only in the defined contribution modality. (Wording given by Constitutional Amendment 41, 12.19.2003)

§ 15. The complementary pension regime referred to in § 14 shall offer a benefit plan only in the defined contribution modality, shall observe the provisions of art. 202 and shall be implemented through a closed complementary pension entity or an open complementary pension entity. (Wording given by Constitutional Amendment 103, of 2019)

§ 16 - Only upon their prior and express option may the provisions of §§ 14 and 15 be applied to the servant who entered public service by the date of publication of the act establishing the corresponding complementary pension regime. (Added by Constitutional Amendment 20, of 12/15/98)

§ 17. All remuneration amounts considered for the calculation of the benefit provided for in § 3 shall be duly adjusted, as provided by law. (Added by Constitutional Amendment 41, 12.19.2003)

§ 18. A contribution shall be levied on retirement benefits and pensions granted under the regime referred to in this article that exceed the maximum limit established for the benefits of the general social security regime referred to in art. 201, at a percentage equal to that established for servants holding permanent positions. (Added by Constitutional Amendment 41, 12.19.2003) (See ADIN 3133) (See ADIN 3143) (See ADIN 3184)

§ 19. The servant referred to in this article who has met the requirements for voluntary retirement established in § 1, III, a, and who opts to remain in active service shall be entitled to a permanence bonus equivalent to the amount of their social security contribution until meeting the requirements for compulsory retirement set forth in § 1, II. (Added by Constitutional Amendment 41, 12.19.2003)

§ 19. Subject to criteria to be established in the law of the respective federative entity, the servant holding a permanent position who has met the requirements for voluntary retirement and who opts to remain in active service may be entitled to a permanence bonus equivalent, at most, to the amount of their social security contribution, until reaching the age for compulsory retirement. (Wording given by Constitutional Amendment 103, of 2019)

§ 20. The existence of more than one public servants' pension regime for servants holding permanent positions, and of more than one managing unit of the respective regime in each state entity, is prohibited, except as provided in art. 142, § 3, X. (Added by Constitutional Amendment 41, 12.19.2003)

§ 20. The existence of more than one public servants' pension regime and of more than one body or entity managing that regime in each federative entity is prohibited, covering all branches, bodies and autarchic and foundational entities, which shall be responsible for its funding, subject to the criteria, parameters and legal nature defined in the complementary law referred to in § 22. (Wording given by Constitutional Amendment 103, of 2019)

§ 21. The contribution provided for in § 18 of this article shall be levied only on the portions of retirement benefits and pensions that exceed twice the maximum limit established for the benefits of the general social security regime referred to in art. 201 of this Constitution, when the beneficiary, as provided by law, suffers from an incapacitating disease. (Added by Constitutional Amendment 47, of 2005) (Repealed by Constitutional Amendment 103, of 2019) (Effectiveness) (See Constitutional Amendment 103, of 2019)

§ 21. (Repealed). (Wording given by Constitutional Amendment 103, of 2019)

§ 22. The establishment of new public servants' pension regimes being prohibited, a federal complementary law shall establish, for those already in existence, general rules on organization, operation and accountability in their management, providing, among other aspects, for: (Added by Constitutional Amendment 103, of 2019)

I - requirements for their extinction and consequent migration to the General Social Security Regime; (Added by Constitutional Amendment 103, of 2019)

II - model for the collection, investment and use of resources; (Added by Constitutional Amendment 103, of 2019)

III - oversight by the Federal Government and external and social control; (Added by Constitutional Amendment 103, of 2019)

IV - definition of financial and actuarial balance; (Added by Constitutional Amendment 103, of 2019)

V - conditions for the establishment of the fund with a pension purpose referred to in art. 249 and for the earmarking to it of the resources arising from contributions and of the property, rights and assets of any nature; (Added by Constitutional Amendment 103, of 2019)

VI - mechanisms for addressing the actuarial deficit; (Added by Constitutional Amendment 103, of 2019)

VII - structuring of the body or entity that manages the regime, observing the principles related to governance, internal control and transparency; (Added by Constitutional Amendment 103, of 2019)

VIII - conditions and circumstances for holding liable those who perform duties related, directly or indirectly, to the management of the regime; (Added by Constitutional Amendment 103, of 2019)

IX - conditions for joining a public consortium; (Added by Constitutional Amendment 103, of 2019)

X - parameters for determining the calculation base and setting the rate of ordinary and extraordinary contributions. (Added by Constitutional Amendment 103, of 2019)

Art. 41. Civil servants appointed by virtue of a public competitive examination acquire tenure after two years of actual service.

§ 1º - A tenured civil servant shall lose the position only by virtue of a final and unappealable judicial decision or through an administrative proceeding in which the servant is guaranteed a full defense.

§ 2º - If the dismissal of a tenured civil servant is invalidated by a judicial decision, the servant shall be reinstated, and any occupant of the vacancy shall be returned to the position of origin, without a right to compensation, placed in another position or placed on availability status.

§ 3º - If the position is abolished or declared unnecessary, the tenured civil servant shall be placed on paid availability status until adequately placed in another position.

Art. 41. Civil servants appointed to a permanent position by virtue of a public competitive examination acquire tenure after three years of actual service. (Wording given by Constitutional Amendment 19, of 1998)

§ 1º A tenured civil servant shall lose the position only: (Wording given by Constitutional Amendment 19, of 1998)

I - by virtue of a final and unappealable judicial decision; (Added by Constitutional Amendment 19, of 1998)

II - through an administrative proceeding in which the servant is guaranteed a full defense; (Added by Constitutional Amendment 19, of 1998)

III - through a periodic performance evaluation procedure, as provided in a complementary law, with a full defense guaranteed. (Added by Constitutional Amendment 19, of 1998)

§ 2º If the dismissal of a tenured civil servant is invalidated by a judicial decision, the servant shall be reinstated, and any occupant of the vacancy, if tenured, shall be returned to the position of origin, without a right to compensation, placed in another position or placed on availability status with remuneration proportional to length of service. (Wording given by Constitutional Amendment 19, of 1998)

§ 3º If the position is abolished or declared unnecessary, the tenured civil servant shall be placed on availability status, with remuneration proportional to length of service, until adequately placed in another position. (Wording given by Constitutional Amendment 19, of 1998)

§ 4º As a condition for acquiring tenure, a special performance evaluation by a committee established for that purpose is mandatory. (Added by Constitutional Amendment 19, of 1998)

Section III — MILITARY PUBLIC SERVANTS

MILITARY PERSONNEL OF THE STATES, THE FEDERAL DISTRICT AND THE TERRITORIES

(Wording given by Constitutional Amendment 18, of 1998)

Art. 42. The members of the Armed Forces are federal military servants, and the members of the military police and military fire brigades of the States, Territories and Federal District are military servants of those States, Territories and Federal District.

§ 1º Commissions, with the prerogatives, rights and duties inherent to them, are fully guaranteed to active, reserve or retired officers of the Armed Forces, of the military police and of the military fire brigades of the States, the Territories and the Federal District, and military titles, ranks and uniforms are exclusive to them.

§ 2º The commissions of officers of the Armed Forces are granted by the President of the Republic, and those of officers of the military police and military fire brigades of the States, Territories and Federal District, by the respective Governors.

§ 3º A military servant on active duty who accepts a permanent civil public position shall be transferred to the reserve.

§ 4º A military servant on active duty who accepts a temporary, non-elective public position, employment or function, even in the indirect administration, shall be attached to the respective corps and, while remaining in that situation, may be promoted only by seniority, with length of service counted only for that promotion and for transfer to the reserve, and shall be transferred to inactive status after two years of absence, whether continuous or not.

§ 5º Military servants are prohibited from unionizing and from striking.

§ 6º Military servants, while on actual service, may not be members of political parties.

§ 7º An officer of the Armed Forces shall lose rank and commission only if judged unworthy of the officer corps or incompatible with it, by decision of a permanent military court, in time of peace, or of a special court, in time of war.

§ 8º An officer sentenced by an ordinary or military court to a custodial sentence exceeding two years, by a final and unappealable decision, shall be subjected to the judgment provided for in the preceding paragraph.

§ 9º The law shall provide for the age limits, tenure and other conditions for the transfer of military servants to inactive status.

§ 10 The provisions of art. 40, §§ 4º and 5º, apply to the servants referred to in this article and to their pensioners.

§ 10 The provisions of art. 40, §§ 4.º, 5.º and 6.º, apply to the servants referred to in this article and to their pensioners. (Wording given by Constitutional Amendment 3, of 1993)

§ 11 The provisions of art. 7º, VIII, XII, XVII, XVIII and XIX, apply to the servants referred to in this article.

Art. 42 The members of the Military Police and Military Fire Brigades, institutions organized on the basis of hierarchy and discipline, are military personnel of the States, the Federal District and the Territories. (Wording given by Constitutional Amendment 18, of 1998)

§ 1º In addition to what may be established by law, the provisions of art. 14, § 8º; of art. 40, § 3º; and of art. 142, §§ 2º and 3º, apply to the military personnel of the States, the Federal District and the Territories, and specific state law shall provide for the matters of art. 142, 3º, item X, with the commissions of officers granted by the respective Governors. (Wording given by Constitutional Amendment 18, of 1998)

§ 1º In addition to what may be established by law, the provisions of art. 14, § 8º; of art. 40, § 9º; and of art. 142, §§ 2º and 3º, apply to the military personnel of the States, the Federal District and the Territories, and specific state law shall provide for the matters of art. 142, § 3º, item X, with the commissions of officers granted by the respective governors. (Wording given by Constitutional Amendment 20, of 12/15/98)

§ 2º The provisions of art. 40, §§ 4º and 5º, apply to the military personnel of the States, the Federal District and the Territories and to their pensioners; and the provisions of art. 40, § 6º, apply to the military personnel of the Federal District and the Territories. (Wording given by Constitutional Amendment 18, of 1998)

§ 2º The provisions of art. 40, §§ 7º and 8º, apply to the military personnel of the States, the Federal District and the Territories and to their pensioners. (Wording given by Constitutional Amendment 20, of 12/15/98)

§ 2º The pensioners of the military personnel of the States, the Federal District and the Territories are governed by what is established in a specific law of the respective state entity. (Wording given by Constitutional Amendment 41, of 12.19.2003)

§ 3º The provisions of art. 37, item XVI, apply to the military personnel of the States, the Federal District and the Territories, with precedence given to military activity. (Added by Constitutional Amendment 101, of 2019)

Section IV — REGIONS

Art. 43. For administrative purposes, the Union may coordinate its action within a single geoeconomic and social complex, aiming at its development and at the reduction of regional inequalities.

§ 1º A complementary law shall provide for:

I - the conditions for the integration of developing regions;

II - the composition of the regional bodies that shall carry out, as provided by law, the regional plans, which form part of the national economic and social development plans and are approved together with them.

§ 2º Regional incentives shall include, among others, as provided by law:

I - equality of tariffs, freight rates, insurance and other cost and price items for which the Government is responsible;

II - favorable interest rates for the financing of priority activities;

III - exemptions, reductions or temporary deferral of federal taxes owed by individuals or legal entities;

IV - priority for the economic and social use of rivers and of dammed or dammable bodies of water in low-income regions subject to periodic droughts.

§ 3º In the areas referred to in § 2º, IV, the Union shall encourage the recovery of arid lands and shall cooperate with small and medium-sized rural landowners in establishing, on their tracts of land, water sources and small-scale irrigation.

§ 4º Whenever possible, the granting of the regional incentives referred to in § 2º, III, shall consider criteria of environmental sustainability and reduction of carbon emissions. (Added by Constitutional Amendment 132, of 2023)

TITLE IV — The Organization of the Branches of Government

TITLE IV — THE ORGANIZATION OF THE BRANCHES OF GOVERNMENT

(Wording given by Constitutional Amendment 80, of 2014)

CHAPTER I — THE LEGISLATIVE BRANCH

Section I — THE NATIONAL CONGRESS

Art. 44. The Legislative Branch is exercised by the National Congress, which is composed of the Chamber of Deputies and the Federal Senate.

Sole paragraph. Each legislative term shall last four years.

Art. 45. The Chamber of Deputies is composed of representatives of the people, elected by the proportional system in each State, in each Territory and in the Federal District.

§ 1º The total number of Deputies, as well as the representation of each State and of the Federal District, shall be established by a complementary law, in proportion to the population, with the necessary adjustments made in the year preceding the elections so that none of those units of the Federation has fewer than eight or more than seventy Deputies. (See Complementary Law 78, of 1993)

§ 2º Each Territory shall elect four Deputies.

Art. 46. The Federal Senate is composed of representatives of the States and of the Federal District, elected according to the majority principle.

§ 1º Each State and the Federal District shall elect three Senators, for a term of eight years.

§ 2º The representation of each State and of the Federal District shall be renewed every four years, alternately by one-third and two-thirds.

§ 3º Each Senator shall be elected with two alternates.

Art. 47. Unless otherwise provided in the Constitution, the decisions of each House and of its Committees shall be taken by a majority of votes, with an absolute majority of its members present.

Section II — POWERS OF THE NATIONAL CONGRESS

Art. 48. The National Congress, with the sanction of the President of the Republic, which is not required for the matters specified in arts. 49, 51 and 52, has the power to provide for all matters within the competence of the Union, especially:

I - the tax system, collection and distribution of revenues;

II - the multiyear plan, budget guidelines, annual budget, credit operations, public debt and issuance of legal tender;

III - setting and modifying the size of the Armed Forces;

IV - national, regional and sectoral development plans and programs;

V - boundaries of the national territory, airspace and maritime space, and property in the domain of the Union;

VI - incorporation, subdivision or dismemberment of areas of Territories or States, after hearing the respective Legislative Assemblies;

VII - temporary transfer of the seat of the Federal Government;

VIII - grant of amnesty;

IX - administrative and judicial organization, and organization of the Public Prosecutor's Office and the Public Defender's Office of the Union and of the Territories, and judicial organization and organization of the Public Prosecutor's Office and the Public Defender's Office of the Federal District;

IX - administrative and judicial organization, and organization of the Public Prosecutor's Office and the Public Defender's Office of the Union and of the Territories, and judicial organization and organization of the Public Prosecutor's Office of the Federal District; (Wording given by Constitutional Amendment 69/2012) (Effectiveness)

X - creation, transformation and abolition of public offices, positions and functions;

X - creation, transformation and abolition of public offices, positions and functions, subject to the provisions of art. 84, VI, b; (Wording given by Constitutional Amendment 32/2001)

XI - creation, structuring and powers of the Ministries and bodies of the public administration;

XI - creation and abolition of Ministries and bodies of the public administration; (Wording given by Constitutional Amendment 32/2001)

XII - telecommunications and broadcasting;

XIII - financial, foreign exchange and monetary matters, financial institutions and their operations;

XIV - currency, its issuance limits, and the amount of the federal securities debt.

XV - setting of the compensation of the Justices of the Supremo Tribunal Federal, by law of joint initiative of the President of the Republic, the Presidents of the Câmara dos Deputados, of the Senado Federal and of the Supremo Tribunal Federal, subject to the provisions of arts. 39, § 4, 150, II, 153, III, and 153, § 2, I. (Included by Constitutional Amendment 19/1998)

XV - setting of the compensation of the Justices of the Supremo Tribunal Federal, subject to the provisions of arts. 39, § 4; 150, II; 153, III; and 153, § 2, I. (Wording given by Constitutional Amendment 41, of 12.19.2003)

Art. 49. The Congresso Nacional has exclusive power to:

I - decide definitively on international treaties, agreements or acts that entail charges or burdensome commitments on the national patrimony;

II - authorize the President of the Republic to declare war, to make peace, to allow foreign forces to pass through the national territory or to remain in it temporarily, except in the cases provided for in a complementary law;

III - authorize the President and the Vice President of the Republic to be absent from the Country, when the absence exceeds fifteen days;

IV - approve the state of defense and federal intervention, authorize the state of siege, or suspend any of these measures;

V - stay normative acts of the Executive Branch that exceed the regulatory power or the limits of legislative delegation;

VI - temporarily change its seat;

VII - set identical remuneration for Federal Deputies and Senators, in each legislature, for the subsequent one, subject to the provisions of arts. 150, II, 153, III, and 153, § 2, I.

VII - set identical compensation for Federal Deputies and Senators, subject to the provisions of arts. 37, XI, 39, § 4, 150, II, 153, III, and 153, § 2, I; (Wording given by Constitutional Amendment 19/1998)

VIII - set, for each fiscal year, the remuneration of the President and the Vice President of the Republic and of the Ministers of State, subject to the provisions of arts. 150, II, 153, III, and 153, § 2, I;

VIII - set the compensation of the President and the Vice President of the Republic and of the Ministers of State, subject to the provisions of arts. 37, XI, 39, § 4, 150, II, 153, III, and 153, § 2, I; (Wording given by Constitutional Amendment 19/1998)

IX - judge annually the accounts rendered by the President of the Republic and review the reports on the execution of government plans;

X - oversee and control, directly or through either of its Houses, the acts of the Executive Branch, including those of the indirect administration;

XI - safeguard the preservation of its legislative power in the face of the normative powers of the other Branches;

XII - review the acts granting and renewing the grant of concessions to radio and television broadcasters;

XIII - choose two thirds of the members of the Tribunal de Contas da União;

XIV - approve initiatives of the Executive Branch relating to nuclear activities;

XV - authorize referendums and call plebiscites;

XVI - authorize, on indigenous lands, the exploitation and use of water resources and the prospecting and mining of mineral resources;

XVII - approve in advance the sale or grant of public lands with an area exceeding two thousand five hundred hectares.

XVIII - decree the nationwide state of public calamity provided for in arts. 167-B, 167-C, 167-D, 167-E, 167-F and 167-G of this Constitution. (Included by Constitutional Amendment 109/2021)

Art. 50. The Câmara dos Deputados or the Senado Federal, as well as any of their Committees, may summon a Minister of State to provide, in person, information on a previously determined matter, and absence without adequate justification constitutes a crime of responsibility.

Art. 50. The Câmara dos Deputados and the Senado Federal, or any of their Committees, may summon a Minister of State or any heads of bodies directly subordinate to the Presidency of the Republic to provide, in person, information on a previously determined matter, and absence without adequate justification constitutes a crime of responsibility. (Wording given by Revision Constitutional Amendment 2/1994)

Art. 50. The Câmara dos Deputados and the Senado Federal, or any of their Committees, may summon a Minister of State, any heads of bodies directly subordinate to the Presidency of the Republic or the President of the Management Committee of the Tax on Goods and Services to provide, in person, information on a previously determined matter, and absence without adequate justification constitutes a crime of responsibility. (Wording given by Constitutional Amendment 132/2023)

§ 1 Ministers of State may appear before the Senado Federal, the Câmara dos Deputados, or any of their Committees, on their own initiative and by arrangement with the respective Presiding Board, to present a matter of relevance to their Ministry.

§ 2 The Presiding Boards of the Câmara dos Deputados and of the Senado Federal may send written requests for information to Ministers of State, and refusal, or failure to comply within thirty days, as well as the provision of false information, constitutes a crime of responsibility.

§ 2 The Presiding Boards of the Câmara dos Deputados and of the Senado Federal may send written requests for information to Ministers of State or to any of the persons referred to in the head provision of this article, and refusal, or failure to comply within thirty days, as well as the provision of false information, constitutes a crime of responsibility. (Wording given by Revision Constitutional Amendment 2/1994)

Section III — THE CÂMARA DOS DEPUTADOS

Art. 51. The Câmara dos Deputados has exclusive power to:

I - authorize, by two thirds of its members, the institution of proceedings against the President and the Vice President of the Republic and the Ministers of State;

II - take the accounts of the President of the Republic, when they are not submitted to the Congresso Nacional within sixty days after the opening of the legislative session;

III - draw up its internal rules;

IV - provide for its organization, operation, police, and the creation, transformation or abolition of the offices, positions and functions of its services and the setting of the respective remuneration, subject to the parameters established in the budget guidelines law;

IV - provide for its organization, operation, police, and the creation, transformation or abolition of the offices, positions and functions of its services, and the initiative of a law to set the respective remuneration, subject to the parameters established in the budget guidelines law; (Wording given by Constitutional Amendment 19/1998)

V - elect members of the Council of the Republic, under art. 89, VII.

Section IV — THE SENADO FEDERAL

Art. 52. The Senado Federal has exclusive power to:

I - prosecute and try the President and the Vice President of the Republic for crimes of responsibility and the Ministers of State for crimes of the same nature connected with those;

I - prosecute and try the President and the Vice President of the Republic for crimes of responsibility, as well as the Ministers of State and the Commanders of the Navy, the Army and the Air Force for crimes of the same nature connected with those; (Wording given by Constitutional Amendment 23/1999)

II - prosecute and try the Justices of the Supremo Tribunal Federal, the Procurador-Geral da República and the Advogado-Geral da União for crimes of responsibility;

II - prosecute and try the Justices of the Supremo Tribunal Federal, the members of the Conselho Nacional de Justiça and of the Conselho Nacional do Ministério Público, the Procurador-Geral da República and the Advogado-Geral da União for crimes of responsibility; (Wording given by Constitutional Amendment 45/2004)

III - approve in advance, by secret ballot, after a public hearing, the selection of:

a) Judges, in the cases established in this Constitution;

b) Justices of the Tribunal de Contas da União nominated by the President of the Republic;

c) Governor of a Territory;

d) President and directors of the central bank;

e) Procurador-Geral da República;

f) holders of other offices as determined by law;

IV - approve in advance, by secret ballot, after a hearing in closed session, the selection of heads of permanent diplomatic missions;

V - authorize external operations of a financial nature in the interest of the Union, the States, the Federal District, the Territories and the Municipalities;

VI - set, upon proposal of the President of the Republic, overall limits for the amount of the consolidated debt of the Union, the States, the Federal District and the Municipalities;

VII - provide for overall limits and conditions for the external and internal credit operations of the Union, the States, the Federal District and the Municipalities, of their autonomous agencies and other entities controlled by the federal Government;

VIII - provide for limits and conditions for the granting of guarantees by the Union in external and internal credit operations;

IX - establish overall limits and conditions for the amount of the securities debt of the States, the Federal District and the Municipalities;

X - suspend the execution, in whole or in part, of a law declared unconstitutional by a final decision of the Supremo Tribunal Federal;

XI - approve, by absolute majority and by secret ballot, the removal, ex officio, of the Procurador-Geral da República before the end of his or her term of office;

XII - draw up its internal rules;

XIII - provide for its organization, operation, police, and the creation, transformation or abolition of the offices, positions and functions of its services and the setting of the respective remuneration, subject to the parameters established in the budget guidelines law;

XIII - provide for its organization, operation, police, and the creation, transformation or abolition of the offices, positions and functions of its services, and the initiative of a law to set the respective remuneration, subject to the parameters established in the budget guidelines law; (Wording given by Constitutional Amendment 19/1998)

XIV - elect members of the Council of the Republic, under art. 89, VII.

XV - periodically assess the functionality of the National Tax System, in its structure and components, and the performance of the tax administrations of the Union, the States and the Federal District and the Municipalities. (Included by Constitutional Amendment 42, of 12.19.2003)

Sole paragraph. In the cases provided for in items I and II, the President of the Supremo Tribunal Federal shall preside, and the conviction, which shall only be rendered by two thirds of the votes of the Senado Federal, shall be limited to removal from office, with disqualification from holding public office for eight years, without prejudice to any other applicable judicial sanctions.

Section V — DEPUTIES AND SENATORS

Art. 53. Deputies and Senators are inviolable for their opinions, words and votes.

§ 1 - From the issuance of the certificate of election, the members of the National Congress may not be arrested, except in flagrante delicto for a non-bailable offense, nor criminally prosecuted, without prior leave of their House.

§ 2 - The denial of the request for leave or the absence of a decision suspends the statute of limitations for as long as the term of office lasts.

§ 3 - In the event of arrest in flagrante delicto for a non-bailable offense, the case records shall be forwarded, within twenty-four hours, to the respective House, so that it may, by secret vote of the majority of its members, decide on the arrest and authorize, or not, the formation of charges.

§ 4 - Deputies and Senators shall be tried before the Supreme Federal Court.

§ 5 - Deputies and Senators shall not be required to testify about information received or provided by reason of the exercise of their term of office, nor about the persons who entrusted information to them or received information from them.

§ 6 - The incorporation into the Armed Forces of Deputies and Senators, even if they are military personnel and even in time of war, shall depend on prior leave of the respective House.

§ 7 - The immunities of Deputies or Senators shall subsist during a state of siege, and may only be suspended by the vote of two-thirds of the members of the respective House, in cases of acts, performed outside the premises of Congress, that are incompatible with the execution of the measure.

Art. 53. Deputies and Senators are inviolable, civilly and criminally, for any of their opinions, words and votes. (Wording given by Constitutional Amendment 35 of 2001)

§ 1 Deputies and Senators, from the issuance of the certificate of election, shall be tried before the Supreme Federal Court. (Wording given by Constitutional Amendment 35 of 2001)

§ 2 From the issuance of the certificate of election, the members of the National Congress may not be arrested, except in flagrante delicto for a non-bailable offense. In that case, the case records shall be forwarded within twenty-four hours to the respective House, so that it may, by the vote of the majority of its members, decide on the arrest. (Wording given by Constitutional Amendment 35 of 2001)

§ 3 Upon receipt of the indictment against the Senator or Deputy, for a crime committed after the issuance of the certificate of election, the Supreme Federal Court shall give notice to the respective House, which, on the initiative of a political party represented therein and by the vote of the majority of its members, may, until the final decision, stay the proceedings of the action. (Wording given by Constitutional Amendment 35 of 2001)

§ 4 The request for a stay shall be considered by the respective House within the non-extendable period of forty-five days from its receipt by the Presiding Board. (Wording given by Constitutional Amendment 35 of 2001)

§ 5 The stay of the proceedings suspends the statute of limitations for as long as the term of office lasts. (Wording given by Constitutional Amendment 35 of 2001)

§ 6 Deputies and Senators shall not be required to testify about information received or provided by reason of the exercise of their term of office, nor about the persons who entrusted information to them or received information from them. (Wording given by Constitutional Amendment 35 of 2001)

§ 7 The incorporation into the Armed Forces of Deputies and Senators, even if they are military personnel and even in time of war, shall depend on prior leave of the respective House. (Wording given by Constitutional Amendment 35 of 2001)

§ 8 The immunities of Deputies or Senators shall subsist during a state of siege, and may only be suspended by the vote of two-thirds of the members of the respective House, in cases of acts performed outside the premises of the National Congress that are incompatible with the execution of the measure. (Included by Constitutional Amendment 35 of 2001)

Art. 54. Deputies and Senators may not:

I - from the issuance of the certificate of election:

a) enter into or maintain a contract with a legal entity governed by public law, autonomous government agency, public company, mixed-capital company or public service concessionaire, except when the contract conforms to uniform clauses;

b) accept or hold a paid position, function or job, including those from which they may be dismissed "ad nutum", in the entities listed in the preceding sub-item;

II - from taking office:

a) be owners, controllers or directors of a company that enjoys a benefit arising from a contract with a legal entity governed by public law, or hold a paid function therein;

b) hold a position or function from which they may be dismissed "ad nutum", in the entities referred to in item I, "a";

c) act as counsel in a case in which any of the entities referred to in item I, "a", has an interest;

d) hold more than one elective public office or term of office.

Art. 55. A Deputy or Senator shall lose his or her term of office:

I - who violates any of the prohibitions established in the preceding article;

II - whose conduct is declared incompatible with parliamentary decorum;

III - who fails to attend, in each legislative session, one-third of the ordinary sessions of the House to which he or she belongs, except on leave or on a mission authorized by that House;

IV - who loses or has his or her political rights suspended;

V - when so decreed by the Electoral Courts, in the cases provided for in this Constitution;

VI - who is criminally convicted by a final and unappealable judgment.

§ 1 - In addition to the cases defined in the internal rules, the abuse of the prerogatives guaranteed to a member of the National Congress or the receipt of undue advantages is incompatible with parliamentary decorum.

§ 2 In the cases of items I, II and VI, the loss of the term of office shall be decided by the Chamber of Deputies or by the Federal Senate, by secret vote and absolute majority, upon motion of the respective Presiding Board or of a political party represented in the National Congress, full defense being guaranteed.

§ 2 In the cases of items I, II and VI, the loss of the term of office shall be decided by the Chamber of Deputies or by the Federal Senate, by absolute majority, upon motion of the respective Presiding Board or of a political party represented in the National Congress, full defense being guaranteed. (Wording given by Constitutional Amendment 76 of 2013)

§ 3 In the cases provided for in items III to V, the loss shall be declared by the Presiding Board of the respective House, on its own initiative or upon motion of any of its members, or of a political party represented in the National Congress, full defense being guaranteed.

§ 4 The resignation of a member of Congress subject to proceedings that seek or may lead to the loss of the term of office, under this article, shall have its effects suspended until the final decisions referred to in §§ 2 and 3. (Included by Constitutional Revision Amendment 6 of 1994)

Art. 56. A Deputy or Senator shall not lose his or her term of office:

I - when invested in the position of Minister of State, Governor of a Territory, Secretary of a State, of the Federal District, of a Territory, of a Capital City Government or head of a temporary diplomatic mission;

II - when granted leave by the respective House on grounds of illness, or to attend, without remuneration, to a private interest, provided that, in the latter case, the absence does not exceed one hundred and twenty days per legislative session.

§ 1 The substitute shall be called in the event of a vacancy, of investiture in the functions provided for in this article or of leave exceeding one hundred and twenty days.

§ 2 In the event of a vacancy and there being no substitute, an election shall be held to fill it if more than fifteen months remain until the end of the term of office.

§ 3 In the case of item I, the Deputy or Senator may opt for the remuneration of the term of office.

Section VI — MEETINGS

Art. 57. The National Congress shall meet, annually, in the Federal Capital, from February 15 to June 30 and from August 1 to December 15.

Art. 57. The National Congress shall meet, annually, in the Federal Capital, from February 2 to July 17 and from August 1 to December 22. (Wording given by Constitutional Amendment 50 of 2006)

§ 1 Meetings scheduled for these dates shall be transferred to the first subsequent business day when they fall on Saturdays, Sundays or holidays.

§ 2 The legislative session shall not be interrupted without approval of the budget guidelines bill.

§ 3 In addition to other cases provided for in this Constitution, the Chamber of Deputies and the Federal Senate shall meet in joint session to:

I - inaugurate the legislative session;

II - draw up the common rules and regulate the creation of services common to both Houses;

III - receive the oath of the President and the Vice President of the Republic;

IV - take cognizance of a veto and decide on it.

§ 4 - Each of the Houses shall meet in preparatory sessions, from February 1, in the first year of the legislature, for the swearing-in of its members and election of the respective Presiding Boards, for a term of two years, re-election to the same position in the immediately subsequent election being prohibited.

§ 4 Each of the Houses shall meet in preparatory sessions, from February 1, in the first year of the legislature, for the swearing-in of its members and election of the respective Presiding Boards, for a term of 2 (two) years, re-election to the same position in the immediately subsequent election being prohibited. (Wording given by Constitutional Amendment 50 of 2006)

§ 5 The Presiding Board of the National Congress shall be chaired by the President of the Federal Senate, and the other positions shall be held, alternately, by the holders of equivalent positions in the Chamber of Deputies and in the Federal Senate.

§ 6 The extraordinary convening of the National Congress shall be made:

§ 6 The extraordinary convening of the National Congress shall be made: (Wording given by Constitutional Amendment 50 of 2006)

I - by the President of the Federal Senate, in the event of the decreeing of a state of defense or of federal intervention, of a request for authorization to decree a state of siege and for the oath and swearing-in 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 at the request of the majority of the members of both Houses, in the event of urgency or relevant public interest.

II - by the President of the Republic, by the Presidents of the Chamber of Deputies and of the Federal Senate or at the request of the majority of the members of both Houses, in the event of urgency or relevant public interest, in all cases under this item with the approval of the absolute majority of each of the Houses of the National Congress. (Wording given by Constitutional Amendment 50 of 2006)

§ 7 - In an extraordinary legislative session, the National Congress shall only deliberate on the matter for which it was convened.

§ 7 In an extraordinary legislative session, the National Congress shall only deliberate on the matter for which it was convened, the payment of an indemnity installment in an amount exceeding the monthly compensation being prohibited. (Wording given by Constitutional Amendment 19 of 1998)

§ 7 In an extraordinary legislative session, the National Congress shall only deliberate on the matter for which it was convened, except in the case of § 8, the payment of an indemnity installment in an amount exceeding the monthly compensation being prohibited. (Wording given by Constitutional Amendment 32 of 2001)

§ 7 In an extraordinary legislative session, the National Congress shall only deliberate on the matter for which it was convened, except in the case of § 8 of this article, the payment of an indemnity installment by reason of the convening being prohibited. (Wording given by Constitutional Amendment 50 of 2006)

§ 8 If there are provisional measures in force on the date of the extraordinary convening of the National Congress, they shall be automatically included in the agenda of the convening. (Included by Constitutional Amendment 32 of 2001)

Section VII — COMMITTEES

Art. 58. The National Congress and its Houses shall have permanent and temporary committees, constituted in the manner and with the powers provided for in the respective rules or in the act that results in their creation.

§ 1 In the composition of the Presiding Boards and of each Committee, proportional representation of the parties or parliamentary blocs that participate in the respective House is guaranteed, insofar as possible.

§ 2 The committees, by reason of the matter within their competence, have the power to:

I - discuss and vote on a bill that, in the manner provided in the rules, does not require the competence of the Plenary, unless there is an appeal by one-tenth of the members of the House;

II - hold public hearings with civil society entities;

III - to summon Ministers of State to provide information on matters inherent to their duties;

IV - to receive petitions, complaints, representations or grievances from any person against acts or omissions of public authorities or entities;

V - to request testimony from any authority or citizen;

VI - to examine programs of public works and national, regional and sectoral development plans, and to issue an opinion on them.

§ 3º Parliamentary inquiry committees, which shall have the investigative powers proper to judicial authorities, in addition to other powers provided for in the rules of procedure of the respective Houses, shall be created by the Chamber of Deputies and by the Federal Senate, jointly or separately, upon request of one third of their members, to investigate a specific fact and for a fixed period, and their conclusions shall, where appropriate, be forwarded to the Public Prosecutor's Office so that it may pursue the civil or criminal liability of the offenders.

§ 4º During the recess, there shall be a representative Committee of the National Congress, elected by its Houses at the last ordinary session of the legislative period, with duties defined in the joint rules of procedure, whose composition shall reproduce, as far as possible, the proportionality of party representation.

Section VIII — THE LEGISLATIVE PROCESS

Subsection I — General Provision

Art. 59. The legislative process comprises the drafting of:

I - amendments to the Constitution;

II - complementary laws;

III - ordinary laws;

IV - delegated laws;

V - provisional measures;

VI - legislative decrees;

VII - resolutions.

Sole paragraph. A complementary law shall provide for the drafting, wording, amendment and consolidation of laws.

Subsection II — Amendment to the Constitution

Art. 60. The Constitution may be amended upon proposal:

I - of at least one third of the members of the Chamber of Deputies or of the Federal Senate;

II - of the President of the Republic;

III - of more than half of the Legislative Assemblies of the units of the Federation, each of them expressing its position by a relative majority of its members.

§ 1º The Constitution may not be amended while federal intervention, a state of defense or a state of siege is in effect.

§ 2º The proposal shall be discussed and voted on in each House of the National Congress, in two rounds, and shall be deemed approved if it obtains, in both, three fifths of the votes of the respective members.

§ 3º An amendment to the Constitution shall be promulgated by the Presiding Boards of the Chamber of Deputies and of the Federal Senate, with its respective sequential number.

§ 4º No proposed amendment tending to abolish the following shall be the subject of deliberation:

I - the federative form of the State;

II - direct, secret, universal and periodic voting;

III - the separation of Powers;

IV - individual rights and guarantees.

§ 5º The subject matter of a proposed amendment that has been rejected or deemed prejudiced may not be the subject of a new proposal in the same legislative session.

Subsection III — Laws

Art. 61. The initiative for complementary and ordinary laws lies with any member or Committee of the Chamber of Deputies, of the Federal Senate or of the National Congress, with the President of the Republic, with the Supreme Federal Court, with the Superior Courts, with the Prosecutor General of the Republic and with the citizens, in the manner and in the cases provided for in this Constitution.

§ 1º The President of the Republic has exclusive initiative for laws that:

I - fix or modify the size of the Armed Forces;

II - provide for:

a) the creation of public positions, functions or jobs in the direct administration and in autonomous government agencies, or an increase in their remuneration;

b) administrative and judicial organization, tax and budgetary matters, public services and administrative personnel of the Territories;

c) public servants of the Union and of the Territories, their legal regime, filling of positions, tenure and retirement of civilians, and retirement and transfer of military personnel to inactive status;

c) public servants of the Union and of the Territories, their legal regime, filling of positions, tenure and retirement; (Wording given by Constitutional Amendment 18, of 1998)

d) the organization of the Public Prosecutor's Office and of the Public Defender's Office of the Union, as well as general rules for the organization of the Public Prosecutor's Office and of the Public Defender's Office of the States, of the Federal District and of the Territories;

e) the creation, structuring and duties of the Ministries and bodies of the public administration;

e) the creation and abolition of Ministries and bodies of the public administration, subject to the provisions of art. 84, VI; (Wording given by Constitutional Amendment 32, of 2001)

f) military personnel of the Armed Forces, their legal regime, filling of positions, promotions, tenure, remuneration, retirement and transfer to the reserve. (Included by Constitutional Amendment 18, of 1998)

§ 2º Popular initiative may be exercised by submitting to the Chamber of Deputies a bill signed by at least one percent of the national electorate, distributed among at least five States, with no less than three tenths of one percent of the voters of each of them.

Art. 62. In cases of relevance and urgency, the President of the Republic may adopt provisional measures, with the force of law, and shall submit them immediately to the National Congress, which, if in recess, shall be summoned to an extraordinary session to convene within five days.

Sole paragraph. Provisional measures shall lose effect, from the date of their issuance, if they are not converted into law within thirty days from their publication, and the National Congress shall regulate the legal relations arising from them.

Art. 62. In cases of relevance and urgency, the President of the Republic may adopt provisional measures, with the force of law, and shall submit them immediately to the National Congress. (Wording given by Constitutional Amendment 32, of 2001)

§ 1º The issuance of provisional measures is prohibited on matters: (Included by Constitutional Amendment 32, of 2001)

I - relating to: (Included by Constitutional Amendment 32, of 2001)

a) nationality, citizenship, political rights, political parties and electoral law; (Included by Constitutional Amendment 32, of 2001)

b) criminal law, criminal procedure and civil procedure; (Included by Constitutional Amendment 32, of 2001)

c) the organization of the Judiciary and of the Public Prosecutor's Office, and the career and guarantees of their members; (Included by Constitutional Amendment 32, of 2001)

d) multiyear plans, budgetary guidelines, the budget and additional and supplementary credits, except as provided in art. 167, § 3º; (Included by Constitutional Amendment 32, of 2001)

II - aimed at the detention or seizure of assets, popular savings or any other financial asset; (Included by Constitutional Amendment 32, of 2001)

III - reserved to complementary law; (Included by Constitutional Amendment 32, of 2001)

IV - already regulated in a bill approved by the National Congress and pending sanction or veto by the President of the Republic. (Included by Constitutional Amendment 32, of 2001)

§ 2º A provisional measure that entails the institution or increase of taxes, except those provided for in arts. 153, I, II, IV, V, and 154, II, shall only produce effects in the following fiscal year if it has been converted into law by the last day of the year in which it was issued. (Included by Constitutional Amendment 32, of 2001)

§ 3º Provisional measures, except as provided in §§ 11 and 12, shall lose effect, from the date of their issuance, if they are not converted into law within sixty days, extendable once for an equal period under the terms of § 7º, and the National Congress shall regulate, by legislative decree, the legal relations arising from them. (Included by Constitutional Amendment 32, of 2001)

§ 4º The period referred to in § 3º shall be counted from the publication of the provisional measure and shall be suspended during the recess periods of the National Congress. (Included by Constitutional Amendment 32, of 2001)

§ 5º The deliberation of each House of the National Congress on the merits of provisional measures shall depend on a prior judgment as to whether their constitutional requirements have been met. (Included by Constitutional Amendment 32, of 2001)

§ 6º If the provisional measure is not examined within forty-five days from its publication, it shall enter an urgency regime, subsequently, in each House of the National Congress, and all other legislative deliberations of the House in which it is pending shall be suspended until the vote is concluded. (Included by Constitutional Amendment 32, of 2001)

§ 7º The effectiveness of a provisional measure whose vote has not been concluded in both Houses of the National Congress within sixty days from its publication shall be extended once only for an equal period. (Included by Constitutional Amendment 32, of 2001)

§ 8º Voting on provisional measures shall begin in the Chamber of Deputies. (Included by Constitutional Amendment 32, of 2001)

§ 9º A joint committee of Deputies and Senators shall examine provisional measures and issue an opinion on them before they are examined, in separate sessions, by the plenary of each House of the National Congress. (Included by Constitutional Amendment 32, of 2001)

§ 10. The reissuance, in the same legislative session, of a provisional measure that has been rejected or that has lost effect by lapse of time is prohibited. (Included by Constitutional Amendment 32, of 2001)

§ 11. If the legislative decree referred to in § 3º is not issued within sixty days after the rejection or loss of effect of a provisional measure, the legal relations established and arising from acts performed while it was in effect shall remain governed by it. (Included by Constitutional Amendment 32, of 2001)

§ 12. If a conversion bill amending the original text of the provisional measure is approved, the measure shall remain fully in effect until the bill is sanctioned or vetoed. (Included by Constitutional Amendment 32, of 2001)

Art. 63. No increase in the projected expenditure shall be admitted:

I - in bills under the exclusive initiative of the President of the Republic, except as provided in art. 166, § 3º and § 4º;

II - in bills on the organization of the administrative services of the Chamber of Deputies, of the Federal Senate, of the Federal Courts and of the Public Prosecutor's Office.

Art. 64. The discussion and voting of bills initiated by the President of the Republic, by the Supreme Federal Court and by the Superior Courts shall begin in the Chamber of Deputies.

§ 1º - The President of the Republic may request urgency for the examination of bills initiated by him.

§ 2º If, in the case of the preceding paragraph, the Chamber of Deputies and the Federal Senate do not each, successively, express their position on the proposal within forty-five days, it shall be placed on the agenda, and deliberation on all other matters shall be suspended until the vote is concluded.

§ 2º If, in the case of § 1º, the Chamber of Deputies and the Federal Senate do not each, successively, express their position on the proposal within forty-five days, all other legislative deliberations of the respective House shall be suspended, except those with a constitutionally fixed deadline, until the vote is concluded. (Wording given by Constitutional Amendment 32, of 2001)

§ 3º The examination of the Federal Senate's amendments by the Chamber of Deputies shall take place within ten days, with the provisions of the preceding paragraph applying in all other respects.

§ 4º The periods set forth in § 2º do not run during the recess periods of the National Congress, nor do they apply to bills for codes.

Art. 65. A bill approved by one House shall be reviewed by the other, in a single round of discussion and voting, and sent for sanction or promulgation if the reviewing House approves it, or shelved if it rejects it.

Sole paragraph. If the bill is amended, it shall return to the House of origin.

Art. 66. The House in which the vote has been concluded shall send the bill to the President of the Republic, who, if in agreement, shall sanction it.

§ 1º If the President of the Republic considers the bill, in whole or in part, unconstitutional or contrary to the public interest, he shall veto it in whole or in part, within fifteen business days from the date of receipt, and shall communicate the reasons for the veto to the President of the Federal Senate within forty-eight hours.

§ 2º A partial veto shall only cover the full text of an article, paragraph, item or sub-item.

§ 3º Once the fifteen-day period has elapsed, the silence of the President of the Republic shall amount to sanction.

§ 4º The veto shall be considered in a joint session, within thirty days from its receipt, and may only be overridden by the vote of an absolute majority of the Deputies and Senators, by secret ballot.

§ 4º The veto shall be considered in a joint session, within thirty days from its receipt, and may only be overridden by the vote of an absolute majority of the Deputies and Senators. (Wording given by Constitutional Amendment 76, of 2013)

§ 5º If the veto is not sustained, the bill shall be sent to the President of the Republic for promulgation.

§ 6º If the period established in § 4º expires without deliberation, the veto shall be placed on the agenda of the next session, with all other proposals suspended until its final vote, except for the matters addressed in art. 62, sole paragraph.

§ 6º If the period established in § 4º expires without deliberation, the veto shall be placed on the agenda of the next session, with all other proposals suspended until its final vote. (Wording given by Constitutional Amendment 32, of 2001)

§ 7º If the law is not promulgated within forty-eight hours by the President of the Republic, in the cases of § 3º and § 5º, the President of the Senate shall promulgate it, and if he fails to do so within the same period, the Vice-President of the Senate shall do so.

Art. 67. The subject matter of a rejected bill may only be the object of a new bill, in the same legislative session, upon proposal by an absolute majority of the members of either House of the National Congress.

Art. 68. Delegated laws shall be drafted by the President of the Republic, who shall request the delegation from the National Congress.

§ 1º The following shall not be the object of delegation: acts within the exclusive competence of the National Congress, those within the private competence of the Chamber of Deputies or the Federal Senate, matters reserved to complementary law, and legislation on:

I - the organization of the Judiciary and of the Public Prosecution Office, the career and the guarantees of their members;

II - nationality, citizenship, individual, political and electoral rights;

III - multi-year plans, budget guidelines and budgets.

§ 2º The delegation to the President of the Republic shall take the form of a resolution of the National Congress, which shall specify its content and the terms of its exercise.

§ 3º If the resolution provides for consideration of the bill by the National Congress, it shall do so in a single vote, with any amendment prohibited.

Art. 69. Complementary laws shall be approved by an absolute majority.

Section IX — ACCOUNTING, FINANCIAL AND BUDGETARY OVERSIGHT

Art. 70. Accounting, financial, budgetary, operational and asset oversight of the Union and of the entities of the direct and indirect administration, as to legality, legitimacy, economy, the application of subsidies and the waiver of revenues, shall be exercised by the National Congress, through external control, and by the internal control system of each Branch.

Sole paragraph. Any natural person or public entity that uses, collects, holds, manages or administers public monies, assets and valuables, or those for which the Union is answerable, or that assumes obligations of a pecuniary nature on its behalf, shall render accounts.

Sole paragraph. Any natural or legal person, public or private, that uses, collects, holds, manages or administers public monies, assets and valuables, or those for which the Union is answerable, or that assumes obligations of a pecuniary nature on its behalf, shall render accounts. (Wording given by Constitutional Amendment 19, of 1998)

Art. 71. External control, which is the responsibility of the National Congress, shall be exercised with the assistance of the Tribunal de Contas da União, which has the competence to:

I - examine the accounts rendered annually by the President of the Republic, by means of a preliminary opinion to be prepared within sixty days from their receipt;

II - judge the accounts of administrators and other persons responsible for public monies, assets and valuables of the direct and indirect administration, including the foundations and companies established and maintained by the federal Government, and the accounts of those who cause loss, misplacement or other irregularity resulting in damage to the public treasury;

III - examine, for registration purposes, the legality of acts of admission of personnel, under any title, in the direct and indirect administration, including the foundations established and maintained by the Government, except for appointments to positions filled by commission, as well as the legality of the granting of retirements, military retirements and pensions, except for subsequent improvements that do not alter the legal basis of the granting act;

IV - carry out, on its own initiative or that of the Chamber of Deputies, the Federal Senate, a technical Committee or a Committee of inquiry, inspections and audits of an accounting, financial, budgetary, operational and asset nature in the administrative units of the Legislative, Executive and Judicial Branches, and in the other entities referred to in item II;

V - oversee the national accounts of supranational companies in whose capital stock the Union holds a direct or indirect interest, under the terms of the constituent treaty;

VI - oversee the application of any funds transferred by the Union, by means of a cooperation agreement, agreement, arrangement or other similar instrument, to a State, the Federal District or a Municipality;

VII - provide the information requested by the National Congress, by either of its Houses, or by any of their respective Committees, on accounting, financial, budgetary, operational and asset oversight and on the results of audits and inspections carried out;

VIII - apply to those responsible, in the event of illegal expenditure or irregular accounts, the sanctions provided by law, which shall establish, among other penalties, a fine proportional to the damage caused to the treasury;

IX - set a deadline for the agency or entity to adopt the measures necessary for the exact compliance with the law, if an illegality is found;

X - suspend, if its determination is not complied with, the execution of the challenged act, communicating the decision to the Chamber of Deputies and the Federal Senate;

XI - report to the competent Branch on irregularities or abuses found.

§ 1º In the case of a contract, the act of suspension shall be adopted directly by the National Congress, which shall immediately request the appropriate measures from the Executive Branch.

§ 2º If the National Congress or the Executive Branch does not carry out the measures provided for in the preceding paragraph within ninety days, the Tribunal shall decide on the matter.

§ 3º Decisions of the Tribunal that result in the imputation of a debt or fine shall have the effect of an enforceable instrument.

§ 4º The Tribunal shall forward to the National Congress, quarterly and annually, a report on its activities.

Art. 72. The permanent joint Committee referred to in art. 166, §1º, in the face of evidence of unauthorized expenditures, even in the form of unscheduled investments or unapproved subsidies, may request the responsible government authority to provide the necessary clarifications within five days.

§ 1º If the clarifications are not provided, or are deemed insufficient, the Committee shall request from the Tribunal a conclusive opinion on the matter, within thirty days.

§ 2º If the Tribunal deems the expenditure irregular, the Committee, if it considers that the expense may cause irreparable damage or serious harm to the public economy, shall propose its suspension to the National Congress.

Art. 73. The Tribunal de Contas da União, composed of nine Justices, has its seat in the Federal District, its own staff and jurisdiction throughout the national territory, exercising, where applicable, the powers provided for in art. 96.

§ 1º The Justices of the Tribunal de Contas da União shall be appointed from among Brazilians who meet the following requirements:

I - more than thirty-five and less than sixty-five years of age;

I - more than thirty-five and less than seventy years of age; (Wording given by Constitutional Amendment 122, of 2022)

II - moral integrity and unblemished reputation;

III - notable legal, accounting, economic and financial knowledge, or knowledge of public administration;

IV - more than ten years of exercise of a function or of effective professional activity requiring the knowledge mentioned in the preceding item.

§ 2º The Justices of the Tribunal de Contas da União shall be chosen:

I - one third by the President of the Republic, with the approval of the Federal Senate, two of them alternately from among auditors and members of the Public Prosecution Office attached to the Tribunal, nominated in a three-name list by the Tribunal, according to the criteria of seniority and merit;

II - two thirds by the National Congress.

§ 3º The Justices of the Tribunal de Contas da União shall have the same guarantees, prerogatives, impediments, salaries and benefits as the Justices of the Superior Tribunal de Justiça and may only retire with the benefits of the office when they have effectively held it for more than five years.

§ 3° The Justices of the Tribunal de Contas da União shall have the same guarantees, prerogatives, impediments, salaries and benefits as the Justices of the Superior Tribunal de Justiça, and the rules set forth in art. 40 shall apply to them with respect to retirement and pension. (Wording given by Constitutional Amendment 20, of 1998)

§ 4º The auditor, when substituting for a Justice, shall have the same guarantees and impediments as the incumbent and, when exercising the other duties of the judicature, those of a judge of a Tribunal Regional Federal.

Art. 74. The Legislative, Executive and Judicial Branches shall maintain, in an integrated manner, an internal control system for the purpose of:

I - evaluating the fulfillment of the goals set forth in the multi-year plan, the execution of government programs and of the budgets of the Union;

II - verifying the legality and evaluating the results, as to effectiveness and efficiency, of budgetary, financial and asset management in the agencies and entities of the federal administration, as well as of the application of public funds by private-law entities;

III - exercising control over credit operations, endorsements and guarantees, as well as over the rights and assets of the Union;

IV - supporting external control in the exercise of its institutional mission.

§ 1º Those responsible for internal control, upon becoming aware of any irregularity or illegality, shall inform the Tribunal de Contas da União thereof, under penalty of joint and several liability.

§ 2º Any citizen, political party, association or union is a legitimate party to report irregularities or illegalities to the Tribunal de Contas da União, as provided by law.

Art. 75. The rules established in this section apply, where applicable, to the organization, composition and oversight of the Courts of Accounts of the States and of the Federal District, as well as of the Courts and Councils of Accounts of the Municipalities.

Art. 75. The Courts of Accounts are permanent institutions, essential to the exercise of external control, and the rules established in this Section apply, where applicable, to the organization, composition and oversight of the Courts of Accounts of the States and of the Federal District, as well as of the Courts and Councils of Accounts of the Municipalities, and their abolition, creation or establishment is prohibited. (Wording given by Constitutional Amendment 139, of 2026)

Sole paragraph. The State Constitutions shall provide for the respective Courts of Accounts, which shall be composed of seven Councilors.

CHAPTER II — THE EXECUTIVE BRANCH

Section I — THE PRESIDENT AND THE VICE-PRESIDENT OF THE REPUBLIC

Art. 76. The Executive Branch is exercised by the President of the Republic, assisted by the Ministers of State.

Art. 77. The election of the President and the Vice President of the Republic shall be held simultaneously, ninety days before the end of the current presidential term.

Art. 77. The election of the President and the Vice President of the Republic shall be held simultaneously, on the first Sunday of October, in the first round, and on the last Sunday of October, in the second round, if any, of the year preceding the end of the current presidential term. (Wording given by Constitutional Amendment 16/1997)

§ 1 The election of the President of the Republic shall entail the election of the Vice President registered with him.

§ 2 The candidate who, registered by a political party, obtains an absolute majority of the votes, not counting blank and void votes, shall be deemed elected President.

§ 3 If no candidate obtains an absolute majority in the first vote, a new election shall be held within twenty days after the results are announced, contested by the two candidates with the most votes, and the one who obtains the majority of the valid votes shall be deemed elected.

§ 4 If, before the second round is held, a candidate dies, withdraws or becomes legally impeded, the candidate with the highest number of votes among the remaining candidates shall be called.

§ 5 If, in the case of the preceding paragraphs, more than one candidate remains in second place with the same number of votes, the oldest shall qualify.

Art. 78. The President and the Vice President of the Republic shall take office in a session of the Congresso Nacional, taking the oath to maintain, defend and fulfill the Constitution, observe the laws, promote the general welfare of the Brazilian people, and sustain the union, integrity and independence of Brazil.

Sole paragraph. If, ten days after the date set for taking office, the President or the Vice President has not assumed office, except for reasons of force majeure, the office shall be declared vacant.

Art. 79. The Vice President shall replace the President in case of impediment and shall succeed him in case of vacancy.

Sole paragraph. The Vice President of the Republic, in addition to other duties conferred on him by supplementary law, shall assist the President whenever called upon by him for special missions.

Art. 80. In case of impediment of the President and the Vice President, or vacancy of their respective offices, the President of the Câmara dos Deputados, the President of the Senado Federal and the President of the Supremo Tribunal Federal shall be successively called upon to exercise the Presidency.

Art. 81. If the offices of President and Vice President of the Republic become vacant, an election shall be held ninety days after the last vacancy arises.

§ 1 If the vacancy occurs in the last two years of the presidential term, the election for both offices shall be held thirty days after the last vacancy, by the Congresso Nacional, as provided by law.

§ 2 In either case, those elected shall complete the term of their predecessors.

Art. 82. The term of office of the President of the Republic is five years, reelection for the subsequent term being prohibited, and shall begin on January 1 of the year following that of his election. (See Constitutional Revision Amendment 5/1994)

Art. 82. The term of office of the President of the Republic is four years and shall begin on January 1 of the year following that of his election. (Wording given by Constitutional Amendment 16/1997)

Art. 82. The term of office of the President of the Republic is 4 (four) years and shall begin on January 5 of the year following that of his election. (Wording given by Constitutional Amendment 111/2021)

Art. 83. The President and the Vice President of the Republic may not, without leave of the Congresso Nacional, be absent from the Country for a period exceeding fifteen days, under penalty of loss of office.

Section II — Powers of the President of the Republic

Art. 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 senior management of the federal administration;

III - initiate the legislative process, in the manner and in the cases provided for in this Constitution;

IV - sanction, promulgate and order the publication of laws, as well as issue decrees and regulations for their faithful execution;

V - veto bills, in whole or in part;

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

VI - provide, by decree, for: (Wording given by Constitutional Amendment 32/2001)

a) the organization and operation of the federal administration, when this does not entail an increase in expenditure or the creation or abolition of public bodies; (Included by Constitutional Amendment 32/2001)

b) the abolition of public functions or positions, when vacant; (Included by Constitutional Amendment 32/2001)

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

VIII - conclude treaties, conventions and international acts, subject to ratification by the Congresso Nacional;

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

X - decree and carry out federal intervention;

XI - send a message and a government plan to the Congresso Nacional upon the opening of the legislative session, describing the situation of the Country and requesting the measures he deems necessary;

XII - grant pardons and commute sentences, after hearing, if necessary, the bodies established by law;

XIII - exercise supreme command of the Armed Forces, promote their general officers and appoint them to the positions reserved exclusively for them;

XIII - exercise supreme command of the Armed Forces, appoint the Commanders of the Navy, the Army and the Air Force, promote their general officers and appoint them to the positions reserved exclusively for them; (Wording given by Constitutional Amendment 23/1999)

XIV - appoint, after approval by the Senado Federal, the Justices of the Supremo Tribunal Federal and of the Superior Courts, the Governors of Territories, the Procurador-Geral da República, the president and directors of the central bank and other public servants, when so determined by law;

XV - appoint, in compliance with the provisions of art. 73, the Ministers of the Tribunal de Contas da União;

XVI - appoint judges, in the cases provided for in this Constitution, and the Advogado-Geral da União;

XVII - appoint members of the Conselho da República, under the terms of art. 89, VII;

XVIII - convene and preside over the Conselho da República and the Conselho de Defesa Nacional;

XIX - declare war, in the event of foreign aggression, when authorized by the Congresso Nacional or ratified by it, if the aggression occurs between legislative sessions, and, under the same conditions, decree national mobilization, in whole or in part;

XX - make peace, when authorized by or with the ratification of the Congresso Nacional;

XXI - confer decorations and honorary distinctions;

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

XXIII - send to the Congresso Nacional the multiyear plan, the budget guidelines bill and the budget proposals provided for in this Constitution;

XXIV - render annually to the Congresso Nacional, within sixty days after the opening of the legislative session, the accounts for the previous fiscal year;

XXV - fill and abolish federal public positions, as provided by law;

XXVI - issue provisional measures with force of law, under the terms of art. 62;

XXVII - exercise other powers provided for in this Constitution.

XXVIII - propose to the Congresso Nacional the declaration of the nationwide state of public calamity provided for in arts. 167-B, 167-C, 167-D, 167-E, 167-F and 167-G of this Constitution. (Included by Constitutional Amendment 109/2021)

Sole paragraph. The President of the Republic may delegate the powers mentioned in items VI, XII and XXV, first part, to the Ministers of State, the Procurador-Geral da República or the Advogado-Geral da União, who shall observe the limits set out in the respective delegations.

Section III — Liability of the President of the Republic

Art. 85. Acts of the President of the Republic that violate the Federal Constitution constitute crimes of malfeasance, and especially those against:

I - the existence of the Union;

II - the free exercise of the Legislative Branch, the Judicial Branch, the Ministério Público and the constitutional Branches 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 administration;

VI - the budget law;

VII - compliance with the laws and judicial decisions.

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

Art. 86. If the accusation against the President of the Republic is admitted by two thirds of the Câmara dos Deputados, he shall be tried before the Supremo Tribunal Federal, for common criminal offenses, or before the Senado Federal, for crimes of malfeasance.

§ 1 The President shall be suspended from his functions:

I - in common criminal offenses, if the indictment or criminal complaint is accepted by the Supremo Tribunal Federal;

II - in crimes of malfeasance, after the proceedings are instituted by the Senado Federal.

§ 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 regular continuation of the proceedings.

§ 3 Until a conviction is rendered, in common offenses, the President of the Republic shall not be subject to arrest.

§ 4 The President of the Republic, during his term of office, may not be held liable for acts unrelated to the exercise of his functions.

Section IV — MINISTERS OF STATE

Art. 87. The Ministers of State shall be chosen from among Brazilians over twenty-one years of age who are in the exercise of their political rights.

Sole paragraph. The Minister of State shall have the power, in addition to other duties established in this Constitution and by law, to:

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

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

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

IV - perform the acts pertaining to the powers granted or delegated to him by the President of the Republic.

Art. 88. The law shall provide for the creation, structuring and powers of the Ministries.

Art. 88. The law shall provide for the creation and abolition of Ministries and bodies of the public administration. (Wording given by Constitutional Amendment 32/2001)

Section V — THE CONSELHO DA REPÚBLICA AND THE CONSELHO DE DEFESA NACIONAL

Subsection I — The Conselho da República

Art. 89. The Conselho da República is the senior advisory body of the President of the Republic, and its members are:

I - the Vice President of the Republic;

II - the President of the Câmara dos Deputados;

III - the President of the Senado Federal;

IV - the majority and minority leaders in the Câmara dos Deputados;

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

VI - the Minister of Justice;

VII - six native-born Brazilian citizens over thirty-five years of age, two appointed by the President of the Republic, two elected by the Senado Federal and two elected by the Câmara dos Deputados, all with a three-year term of office, reappointment being prohibited.

Art. 90. The Conselho da República shall have the power to issue opinions on:

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

II - matters relevant to the stability of democratic institutions.

§ 1 The President of the Republic may call upon a Minister of State to take part in a meeting of the Council when the agenda includes a matter related to the respective Ministry.

§ 2 The law shall regulate the organization and operation of the Conselho da República. (See Law 8.041/1990)

Subsection II — The Conselho de Defesa Nacional

Art. 91. The Conselho de Defesa Nacional is the advisory body of the President of the Republic on matters related to national sovereignty and the defense of the democratic State, and its ex officio members are:

I - the Vice President of the Republic;

II - the President of the Câmara dos Deputados;

III - the President of the Senado Federal;

IV - the Minister of Justice;

V - the military Ministers;

V - the Minister of State for Defense; (Wording given by Constitutional Amendment 23, of 1999)

VI - the Minister of Foreign Affairs;

VII - the Minister of Planning.

VIII - the Commanders of the Navy, the Army, and the Air Force. (Included by Constitutional Amendment 23, of 1999)

§ 1 The National Defense Council shall have the following powers:

I - to give an opinion in the event of a declaration of war and of the making of peace, under the terms of this Constitution;

II - to give an opinion on the decreeing of a state of defense, a state of siege, and federal intervention;

III - to propose the criteria and conditions for the use of areas indispensable to the security of the national territory and to give an opinion on their actual use, especially in the border strip and in areas related to the preservation and exploitation of natural resources of any kind;

IV - to study, propose, and monitor the development of initiatives necessary to guarantee national independence and the defense of the democratic State.

§ 2 The law shall regulate the organization and operation of the National Defense Council. (See Law 8.183, of 1991)

CHAPTER III — THE JUDICIAL BRANCH

Section I

GENERAL PROVISIONS

Art. 92. The following are organs of the Judicial Branch:

I - the Supremo Tribunal Federal;

I-A the Conselho Nacional de Justiça; (Included by Constitutional Amendment 45, of 2004)

II - the Superior Tribunal de Justiça;

II-A - the Tribunal Superior do Trabalho; (Included by Constitutional Amendment 92, of 2016)

III - the Federal Regional Courts and Federal Judges;

IV - the Labor Courts and Judges;

V - the Electoral Courts and Judges;

VI - the Military Courts and Judges;

VII - the Courts and Judges of the States and of the Federal District and Territories.

Sole paragraph. The Supremo Tribunal Federal and the Superior Courts have their seat in the Federal Capital and jurisdiction over the entire national territory.

§ 1 The Supremo Tribunal Federal, the Conselho Nacional de Justiça, and the Superior Courts have their seat in the Federal Capital. (Included by Constitutional Amendment 45, of 2004) (See ADIN 3392)

§ 2 The Supremo Tribunal Federal and the Superior Courts have jurisdiction over the entire national territory. (Included by Constitutional Amendment 45, of 2004)

Art. 93. A supplementary law, proposed by the Supremo Tribunal Federal, shall provide for the Statute of the Judiciary, observing the following principles:

I - entry into the career, the initial position of which shall be that of substitute judge, through a public competitive examination of tests and credentials, with the participation of the Ordem dos Advogados do Brasil in all of its phases, and observing the order of ranking in appointments;

I - entry into the career, the initial position of which shall be that of substitute judge, by means of a public competitive examination of tests and credentials, with the participation of the Ordem dos Advogados do Brasil in all phases, requiring of the holder of a bachelor's degree in law at least three years of legal activity, and observing the order of ranking in appointments; (Wording given by Constitutional Amendment 45, of 2004)

II - promotion from one judicial district level to another, alternately by seniority and by merit, in accordance with the following rules:

a) the promotion of a judge who appears three consecutive times or five alternate times on a merit list is mandatory;

b) promotion by merit requires two years of service at the respective judicial district level and that the judge be among the first fifth of its seniority list, unless there is no one meeting such requirements who accepts the vacant position;

c) assessment of merit by the criteria of promptness and reliability in the exercise of jurisdiction and by attendance and performance in recognized advanced training courses;

c) assessment of merit according to performance and by the objective criteria of productivity and promptness in the exercise of jurisdiction and by attendance and performance in official or recognized advanced training courses; (Wording given by Constitutional Amendment 45, of 2004)

d) in determining seniority, the court may refuse the most senior judge only by the vote of two thirds of its members, in accordance with its own procedure, the voting being repeated until the nomination is settled;

d) in determining seniority, the court may refuse the most senior judge only by the reasoned vote of two thirds of its members, in accordance with its own procedure, and with full defense ensured, the voting being repeated until the nomination is settled; (Wording given by Constitutional Amendment 45, of 2004)

e) a judge who, without justification, retains case records in his or her possession beyond the legal time limit, and who may not return them to the clerk's office without the proper order or decision, shall not be promoted; (Included by Constitutional Amendment 45, of 2004)

III - access to the courts of second instance shall be by seniority and by merit, alternately, determined at the last judicial district level or, where one exists, at the Tribunal de Alçada, in the case of promotion to the Tribunal de Justiça, in accordance with item II and the class of origin;

IV - provision for official courses for the preparation and advanced training of judges as requirements for entry into and promotion in the career;

III access to the courts of second instance shall be by seniority and by merit, alternately, determined at the last or sole judicial district level; (Wording given by Constitutional Amendment 45, of 2004) (See ADIN 3392)

IV provision for official courses for the preparation, advanced training, and promotion of judges, participation in an official course or in a course recognized by a national school for the training and advanced training of judges being a mandatory stage of the process of acquiring life tenure; (Wording given by Constitutional Amendment 45, of 2004)

V - the salaries of judges shall be set with a difference of no more than ten percent from one category of the career to another, and may not, on any grounds, exceed those of the Justices of the Supremo Tribunal Federal;

V - the compensation of the Justices of the Superior Courts shall correspond to ninety-five percent of the monthly compensation set for the Justices of the Supremo Tribunal Federal, and the compensation of the other judges shall be set by law and tiered, at the federal and state levels, according to the respective categories of the national judicial structure, the difference between one and another not being greater than ten percent or less than five percent, nor exceeding ninety-five percent of the monthly compensation of the Justices of the Superior Courts, in all cases in compliance with the provisions of arts. 37, XI, and 39, § 4; (Wording given by Constitutional Amendment 19, of 1998)

VI - retirement with full pay is compulsory for disability or at seventy years of age, and optional after thirty years of service, following five years of actual service in the judiciary;

VI - the retirement of judges and the pension of their dependents shall observe the provisions of art. 40; (Wording given by Constitutional Amendment 20, of 1998)

VII - the presiding judge shall reside in the respective judicial district;

VIII - the act of transfer, placement on availability, or retirement of a judge, in the public interest, shall be based on a decision by the vote of two thirds of the respective court, with full defense ensured;

IX - all judgments of the organs of the Judicial Branch shall be public, and all decisions shall be reasoned, under penalty of nullity, and the law may, if the public interest so requires, limit attendance at certain acts to the parties themselves and their attorneys, or only to the latter;

X - the administrative decisions of the courts shall be reasoned, 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 organ may be constituted, with a minimum of eleven and a maximum of twenty-five members, to exercise the administrative and jurisdictional powers within the competence of the full court.

VII the presiding judge shall reside in the respective judicial district, unless authorized otherwise by the court; (Wording given by Constitutional Amendment 45, of 2004)

VIII the act of transfer, placement on availability, or retirement of a judge, in the public interest, shall be based on a decision by the vote of the absolute majority of the respective court or of the Conselho Nacional de Justiça, with full defense ensured; (Wording given by Constitutional Amendment 45, of 2004)

VIII - the act of transfer or placement on availability of a judge, in the public interest, shall be based on a decision by the vote of the absolute majority of the respective court or of the Conselho Nacional de Justiça, with full defense ensured; (Wording given by Constitutional Amendment 103, of 2019)

VIIIA transfer upon request or exchange of judges of judicial districts of the same level shall comply, where applicable, with the provisions of sub-items a, b, c, and e of item II; (Included by Constitutional Amendment 45, of 2004)

VIII-A - transfer upon request of judges of judicial districts of the same level shall comply, where applicable, with the provisions of sub-items "a", "b", "c", and "e" of item II of the main section of this article and of art. 94 of this Constitution; (Wording given by Constitutional Amendment 130, of 2023)

VIII-B - the exchange of judges of judicial districts of the same level, where applicable, and within the same branch of the judiciary, including between judges of second instance attached to different courts, within the sphere of the state, federal, or labor judiciary, shall comply, where applicable, with the provisions of sub-items "a", "b", "c", and "e" of item II of the main section of this article and of art. 94 of this Constitution; (Included by Constitutional Amendment 130, of 2023)

IX all judgments of the organs of the Judicial Branch shall be public, and all decisions shall be reasoned, under penalty of nullity, and the law may limit attendance at certain acts to the parties themselves and their attorneys, or only to the latter, in cases in which the preservation of the right to privacy of the party interested in confidentiality does not prejudice the public interest in information; (Wording given by Constitutional Amendment 45, of 2004)

X the administrative decisions of the courts shall be reasoned and taken in public session, and disciplinary decisions shall be taken by the vote of the absolute majority of their members; (Wording given by Constitutional Amendment 45, of 2004)

XI in courts with more than twenty-five judges, a special organ may be constituted, with a minimum of eleven and a maximum of twenty-five members, to exercise the delegated administrative and jurisdictional powers within the competence of the full court, half of the seats being filled by seniority and the other half by election by the full court; (Wording given by Constitutional Amendment 45, of 2004)

XII jurisdictional activity shall be uninterrupted, collective vacations being prohibited in the trial courts and courts of second instance, with judges on permanent duty on days when there is no regular court business; (Included by Constitutional Amendment 45, of 2004)

XIII the number of judges in each jurisdictional unit shall be proportional to the actual judicial demand and to the respective population; (Included by Constitutional Amendment 45, of 2004)

XIV court staff shall receive delegation to perform administrative acts and acts of mere routine without decision-making character; (Included by Constitutional Amendment 45, of 2004)

XV the assignment of cases shall be immediate, at all levels of jurisdiction. (Included by Constitutional Amendment 45, of 2004)

Art. 94. One fifth of the seats of the Federal Regional Courts and of the Courts of the States and of the Federal District and Territories shall be filled by members of the Public Prosecutor's Office with more than ten years in the career, and by attorneys of notable legal knowledge and unblemished reputation, with more than ten years of actual professional activity, nominated on a six-name list by the representative bodies of the respective classes.

Sole paragraph. Upon receiving the nominations, the court shall form a three-name list and send it to the Executive Branch, which, within the following twenty days, shall choose one of its members for appointment.

Art. 95. Judges enjoy the following guarantees:

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

II - irremovability, except for reasons of public interest, as provided in art. 93, VIII;

III - irreducibility of salary, subject, as to remuneration, to the provisions of arts. 37, XI, 150, II, 153, III, and 153, § 2º, I.

III - irreducibility of compensation, except as provided in arts. 37, X and XI, 39, § 4º, 150, II, 153, III, and 153, § 2º, I. (Wording given by Constitutional Amendment 19, of 1998)

Sole paragraph. Judges are prohibited from:

I - holding, even while on availability status, another office or position, except one teaching position;

II - receiving, under any title or pretext, court costs or a share in a case;

III - engaging in party-political activity.

IV - receiving, under any title or pretext, aid or contributions from individuals or from public or private entities, except for the exceptions provided by law; (Included by Constitutional Amendment 45, of 2004)

V - practicing law before the court or tribunal from which they departed, before three years have elapsed since leaving office by retirement or dismissal. (Included by Constitutional Amendment 45, of 2004)

Art. 96. It is the exclusive competence:

I - of the courts:

a) to elect their governing bodies and draw up their internal rules, in compliance with the rules of procedure and the procedural guarantees of the parties, providing for the jurisdiction and operation of their respective judicial and administrative bodies;

b) to organize their clerk's offices and auxiliary services and those of the lower courts bound to them, overseeing the exercise of the respective disciplinary oversight activity;

c) to fill, as provided in this Constitution, the career judgeships of their respective jurisdiction;

d) to propose the creation of new judicial districts;

e) to fill, by public competitive examination based on tests, or on tests and credentials, in compliance with art. 169, sole paragraph, the positions necessary for the administration of Justice, except positions of trust as defined by law;

f) to grant leave, vacation and other absences to their members and to the judges and civil servants directly bound to them;

II - of the Supremo Tribunal Federal, the Superior Courts and the Courts of Justice, to propose to the respective Legislative Branch, in compliance with art. 169:

a) the change in the number of members of the lower courts;

b) the creation and abolition of positions and the setting of the salaries of their members, of the judges, including those of the lower courts, where they exist, of the auxiliary services and those of the lower courts bound to them;

b) the creation and abolition of positions and the remuneration of their auxiliary services and of the lower courts bound to them, as well as the setting of the compensation of their members and of the judges, including those of the lower courts, where they exist, except as provided in art. 48, XV; (Wording given by Constitutional Amendment 19, of 1998)

b) the creation and abolition of positions and the remuneration of their auxiliary services and of the lower courts bound to them, as well as the setting of the compensation of their members and of the judges, including those of the lower courts, where they exist; (Wording given by Constitutional Amendment 41, of 12.19.2003)

c) the creation or abolition of lower courts;

d) the change in judicial organization and division;

III - of the Courts of Justice, to try the judges of the States and of the Federal District and Territories, as well as the members of the Ministério Público, for ordinary crimes and crimes of malfeasance in office, except for the jurisdiction of the Electoral Courts.

Sole paragraph. In Courts of Justice composed of more than 170 (one hundred seventy) appellate judges in active service, the election for the governing positions referred to in subitem "a" of item I of the head of this article shall be held among the members of the full court, by absolute majority and by direct and secret vote, for a term of 2 (two) years, with no more than 1 (one) successive reappointment permitted. (Included by Constitutional Amendment 134, of 2024)

Art. 97. The courts may declare the unconstitutionality of a law or normative act of the Government only by the vote of an absolute majority of their members or of the members of the respective special body. (See Law 13.105, of 2015) (Effectiveness)

Art. 98. The Union, in the Federal District and in the Territories, and the States shall create:

I - special courts, staffed by professional judges, or by professional and lay judges, with jurisdiction over the conciliation, trial and enforcement of civil cases of lesser complexity and criminal offenses of lesser offensive potential, through oral and summary procedures, with plea bargaining and the judgment of appeals by panels of first-instance judges permitted in the cases provided by law;

II - paid justices of the peace, composed of citizens elected by direct, universal and secret vote, with a term of four years and competence, as provided by law, to perform marriages, verify, on their own motion or in response to an objection filed, the marriage qualification process, and exercise conciliatory functions of a non-judicial nature, in addition to others provided in legislation.

Sole paragraph. Federal law shall provide for the creation of special courts within the Federal Courts. (Included by Constitutional Amendment 22, of 1999)

§ 1º Federal law shall provide for the creation of special courts within the Federal Courts. (Renumbered by Constitutional Amendment 45, of 2004) (See ADIN 3392)

§ 2º Court costs and fees shall be allocated exclusively to funding the services related to the specific activities of the Judiciary. (Included by Constitutional Amendment 45, of 2004)

Art. 99. The Judicial Branch is guaranteed administrative and financial autonomy.

§ 1º The courts shall prepare their budget proposals within the limits set jointly with the other Branches in the budget guidelines law.

§ 2º Submission of the proposal, after hearing the other interested courts, is the responsibility of:

I - at the Union level, the Presidents of the Supremo Tribunal Federal 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 Territories, the Presidents of the Courts of Justice, with the approval of the respective courts.

§ 3º If the bodies referred to in § 2º do not submit their respective budget proposals within the period set in the budget guidelines law, the Executive Branch shall consider, for purposes of consolidating the annual budget proposal, the amounts approved in the budget law in force, adjusted in accordance with the limits set as provided in § 1º of this article. (Included by Constitutional Amendment 45, of 2004)

§ 4º If the budget proposals referred to in this article are submitted in disagreement with the limits set as provided in § 1º, the Executive Branch shall make the necessary adjustments for purposes of consolidating the annual budget proposal. (Included by Constitutional Amendment 45, of 2004)

§ 5º During the budget execution of the fiscal year, no expenditures may be made or obligations assumed that exceed the limits established in the budget guidelines law, unless previously authorized through the opening of supplementary or special credits. (Included by Constitutional Amendment 45, of 2004)

Art. 100. Except for credits of a support nature, payments owed by the Federal, State or Municipal Treasury by virtue of a court judgment shall be made exclusively in the chronological order of presentation of the payment orders (precatórios) and charged to the respective credits, with the designation of cases or persons in the budget appropriations and in the additional credits opened for this purpose being prohibited.

§ 1º It is mandatory to include, in the budget of public-law entities, the funds necessary to pay their debts set out in judicial payment orders (precatórios) presented by July 1, the date on which their amounts shall be updated, with payment being made by the end of the following fiscal year.

§ 1º It is mandatory to include, in the budget of public-law entities, the funds necessary to pay their debts arising from final and unappealable judgments, set out in judicial payment orders (precatórios) presented by July 1, with payment being made by the end of the following fiscal year, when their amounts shall be monetarily updated. (Wording given by Constitutional Amendment 30, of 2000)

§ 1º-A Debts of a support nature comprise those arising from wages, salaries, retirement pay, pensions and their supplements, social security benefits and compensation for death or disability, based on civil liability, by virtue of a final and unappealable judgment. (Included by Constitutional Amendment 30, of 2000)

§ 2º - The budget appropriations and the credits opened shall be assigned to the Judicial Branch, with the respective amounts being deposited with the competent office, and the President of the Court that rendered the decision being enforced shall order payment, according to the availability of the deposit, and authorize, at the request of the creditor and exclusively in the event of disregard of the creditor's right of precedence, the attachment of the amount necessary to satisfy the debt.

§ 2º The budget appropriations and the credits opened shall be assigned directly to the Judicial Branch, and the President of the Court that rendered the decision being enforced shall order payment according to the availability of the deposit, and authorize, at the request of the creditor, and exclusively in the event of disregard of the creditor's right of precedence, the attachment of the amount necessary to satisfy the debt. (Wording given by Constitutional Amendment 30, of 2000)

§ 3° The provisions of the head of this article, regarding the issuance of payment orders (precatórios), do not apply to payments of obligations defined by law as being of small value that the Federal, State or Municipal Treasury must make by virtue of a final and unappealable court judgment. (Included by Constitutional Amendment 20, of 1998)

§ 3º The provisions of the head of this article, regarding the issuance of payment orders (precatórios), do not apply to payments of obligations defined by law as being of small value that the Federal, State, Federal District or Municipal Treasury must make by virtue of a final and unappealable court judgment. (Wording given by Constitutional Amendment 30, of 2000)

§ 4º The issuance of a complementary or supplementary payment order (precatório) for an amount already paid is prohibited, as is the fractioning, division or splitting of the amount of the enforcement, so that payment is not made partly in the manner established in § 3º of this article and partly through the issuance of a payment order (precatório). (Included by Constitutional Amendment 37, of 2002)

§ 5º The law may set different amounts for the purpose provided in § 3º of this article, according to the different capacities of the public-law entities. (Paragraph included by Constitutional Amendment 30, of 2000 (Renumbered by Constitutional Amendment 37, of 2002)

§ 6º The President of the competent Court who, by act or omission, delays or attempts to frustrate the regular settlement of a payment order (precatório) shall commit a crime of malfeasance in office. (Paragraph included by Constitutional Amendment 30, of 2000 Renumbered by Constitutional Amendment 37, of 2002)

Art. 100. Payments owed by the Federal, State, Federal District and Municipal Public Treasuries by virtue of a court judgment shall be made exclusively in the chronological order of presentation of the payment orders (precatórios) and charged to the respective credits, with the designation of cases or persons in the budget appropriations and in the additional credits opened for this purpose being prohibited. (Wording given by Constitutional Amendment 62, of 2009). (See Constitutional Amendment 62, of 2009) (See ADI 4425)

§ 1º Debts of a support nature comprise those arising from wages, salaries, retirement pay, pensions and their supplements, social security benefits and compensation for death or disability, based on civil liability, by virtue of a final and unappealable court judgment, and shall be paid with preference over all other debts, except those referred to in § 2º of this article. (Wording given by Constitutional Amendment 62/2009).

§ 1 Debts of a maintenance nature include those arising from employment or social security relationships, regardless of their tax nature, including those arising from the refund of undue payments levied on compensation or retirement benefits, as well as compensation for death or disability based on civil liability, by virtue of a final and unappealable court judgment, and they shall be paid with preference over all other debts, except those referred to in § 2 of this article. (Wording given by Constitutional Amendment 136/2025)

§ 2 Debts of a maintenance nature whose holders are 60 (sixty) years of age or older on the date of issuance of the court-ordered payment (precatório), or who suffer from a serious illness, as defined by law, shall be paid with preference over all other debts, up to an amount equivalent to three times the amount set by law for the purposes of § 3 of this article, with splitting permitted for this purpose, and the remainder shall be paid in the chronological order of presentation of the court-ordered payment. (Wording given by Constitutional Amendment 62/2009). (See ADI 4425)

§ 2 Debts of a maintenance nature whose holders, whether original or by hereditary succession, are 60 (sixty) years of age, or suffer from a serious illness, or are persons with disabilities, as so defined by law, shall be paid with preference over all other debts, up to an amount equivalent to three times the amount set by law for the purposes of § 3 of this article, with splitting permitted for this purpose, and the remainder shall be paid in the chronological order of presentation of the court-ordered payment. (Wording given by Constitutional Amendment 94/2016)

§ 3 The provisions of the head paragraph of this article regarding the issuance of court-ordered payments do not apply to payments of obligations defined by law as being of small value that the said Treasuries must make by virtue of a final and unappealable court judgment. (Wording given by Constitutional Amendment 62/2009).

§ 4 For the purposes of § 3, different amounts may be set, by specific laws, for public-law entities, according to their different economic capacities, the minimum being equal to the amount of the highest benefit under the general social security regime. (Wording given by Constitutional Amendment 62/2009).

§ 5 The inclusion, in the budget of public-law entities, of the funds necessary to pay their debts arising from final and unappealable judgments, contained in court-ordered payments presented by July 1, is mandatory, and payment shall be made by the end of the following fiscal year, when their amounts shall be adjusted for inflation. (Wording given by Constitutional Amendment 62/2009)

§ 5 The inclusion in the budget of public-law entities of the funds necessary to pay their debts arising from final and unappealable judgments contained in court-ordered payments presented by April 2 is mandatory, and payment shall be made by the end of the following fiscal year, when their amounts shall be adjusted for inflation. (Wording given by Constitutional Amendment 114/2021) (Effective date)

§ 5 The inclusion in the budget of public-law entities of the funds necessary to pay their debts arising from final and unappealable judgments contained in court-ordered payments presented by February 1 is mandatory, and payment shall be made by the end of the following fiscal year, when their amounts shall be adjusted for inflation. (Wording given by Constitutional Amendment 136/2025)

§ 6 Budget appropriations and opened credits shall be allocated directly to the Judiciary, and the President of the Court that rendered the decision being enforced shall order full payment and authorize, at the request of the creditor and exclusively in cases of disregard of the creditor's right of precedence or of failure to allocate in the budget the amount necessary to satisfy the debt, the attachment of the respective amount. (Wording given by Constitutional Amendment 62/2009).

§ 7 The President of the competent Court who, by act or omission, delays or attempts to frustrate the regular settlement of court-ordered payments shall commit a crime of responsibility and shall also be answerable before the Conselho Nacional de Justiça. (Added by Constitutional Amendment 62/2009).

§ 8 The issuance of complementary or supplementary court-ordered payments for an amount already paid is prohibited, as is the splitting, division or breaking up of the amount under enforcement for the purpose of bringing a portion of the total within the provisions of § 3 of this article. (Added by Constitutional Amendment 62/2009).

§ 9 At the time of issuance of court-ordered payments, regardless of regulation, there shall be deducted from them, by way of set-off, the amount corresponding to liquid and certain debts, whether or not registered as outstanding public debt, assessed against the original creditor by the debtor Public Treasury, including installments of installment plans not yet due, except for those whose enforcement is suspended by reason of an administrative or judicial challenge. (Added by Constitutional Amendment 62/2009). (See ADI 4425)

§ 9 Without interruption of payment of the court-ordered payment and upon notice from the Public Treasury to the Court, the amount corresponding to any debts registered as outstanding public debt against the creditor of the payment order and the parties it represents shall be deposited in the account of the court responsible for the collection action, which shall decide on its final destination. (Wording given by Constitutional Amendment 113/2021) (See ADI 7047) (See ADI 7064)

§ 10. Before issuing court-ordered payments, the Court shall request from the debtor Public Treasury, for a response within 30 (thirty) days, under penalty of loss of the right to deduction, information on the debts that meet the conditions established in § 9, for the purposes provided therein. (Added by Constitutional Amendment 62/2009). (See ADI 4425)

§ 11. The creditor may, as established by law of the debtor federative entity, tender credits in court-ordered payments for the purchase of public real property of the respective federative entity. (Added by Constitutional Amendment 62/2009).

§ 11. The creditor may, as established by law of the debtor federative entity, with self-executing effect for the Union, offer liquid and certain credits originally its own or acquired from third parties, recognized by the federative entity or by a final and unappealable court decision, for: (Wording given by Constitutional Amendment 113/2021) (See ADI 7047) (See ADI 7064)

I - settlement of debts under installment plans or debts registered as outstanding public debt of the debtor federative entity, including in a settlement resolving litigation, and, subsidiarily, debts with the autonomous-agency and foundation administration of the same entity; (Added by Constitutional Amendment 113/2021)

II - purchase of public real property owned by the same entity made available for sale; (Added by Constitutional Amendment 113/2021)

III - payment of grant fees for delegations of public services and other kinds of negotiated concessions promoted by the same entity; (Added by Constitutional Amendment 113/2021)

IV - acquisition, including minority, of equity interests made available for sale by the respective federative entity; or (Added by Constitutional Amendment 113/2021)

V - purchase of rights made available for assignment by the respective federative entity, including, in the case of the Union, the advance of amounts to be received as profit oil under oil production-sharing contracts. (Added by Constitutional Amendment 113/2021)

§ 12. As from the promulgation of this Constitutional Amendment, the adjustment of the amounts of payment orders, after their issuance and until actual payment, regardless of their nature, shall be made according to the official basic remuneration index of savings accounts, and, to compensate for delay, simple interest shall accrue at the same percentage as the interest accruing on savings accounts, with compensatory interest excluded. (Added by Constitutional Amendment 62/2009). (See ADI 4425)

§ 13. The creditor may assign, in whole or in part, its credits in court-ordered payments to third parties, regardless of the debtor's consent, and the provisions of §§ 2 and 3 do not apply to the assignee. (Added by Constitutional Amendment 62/2009).

§ 14. The assignment of court-ordered payments shall only take effect after notice, by means of a filed petition, to the court of origin and to the debtor entity. (Added by Constitutional Amendment 62/2009).

§ 14. The assignment of court-ordered payments, subject to the provisions of § 9 of this article, shall only take effect after notice, by means of a filed petition, to the Court of origin and to the debtor federative entity. (Wording given by Constitutional Amendment 113/2021)

§ 15. Without prejudice to the provisions of this article, a complementary law to this Federal Constitution may establish a special regime for the payment of court-ordered payment credits of the States, the Federal District and the Municipalities, providing for earmarking of net current revenue and the form and term of settlement. (Added by Constitutional Amendment 62/2009).

§ 16. At its sole discretion and as provided by law, the Union may assume debts arising from court-ordered payments of the States, the Federal District and the Municipalities, refinancing them directly. (Added by Constitutional Amendment 62/2009).

§ 17. The Union, the States, the Federal District and the Municipalities shall assess monthly, on an annual basis, the commitment of their respective net current revenues to the payment of court-ordered payments and small-value obligations. (Added by Constitutional Amendment 94/2016)

§ 18. Net current revenue, for the purposes of § 17, means the sum of tax, property, industrial, agricultural, contribution and service revenues, current transfers and other current revenues, including those arising from § 1 of art. 20 of the Federal Constitution, verified in the period comprising the second month immediately preceding the reference month and the 11 (eleven) preceding months, excluding duplications, and deducting: (Added by Constitutional Amendment 94/2016)

I - in the Union, the portions delivered to the States, the Federal District and the Municipalities by constitutional mandate; (Added by Constitutional Amendment 94/2016)

II - in the States, the portions delivered to the Municipalities by constitutional mandate; (Added by Constitutional Amendment 94/2016)

III - in the Union, the States, the Federal District and the Municipalities, the contribution of civil servants to fund their social security and social assistance system and the revenues from the financial compensation referred to in § 9 of art. 201 of the Federal Constitution. (Added by Constitutional Amendment 94/2016)

§ 19. If the total amount of debts arising from court judgments in court-ordered payments and small-value obligations, over a period of 12 (twelve) months, exceeds the average percentage commitment of net current revenue in the 5 (five) immediately preceding years, the portion exceeding that percentage may be financed, exempt from the debt limits referred to in items VI and VII of art. 52 of the Federal Constitution and from any other debt limits provided for, and the prohibition on earmarking revenue set forth in item IV of art. 167 of the Federal Constitution does not apply to such financing. (Added by Constitutional Amendment 94/2016)

§ 19-A. The Union is authorized to establish a special line of credit, through federal state-owned financial institutions, intended exclusively for the settlement of the court-ordered payments referred to in § 19 of this article, under the terms of a complementary law. (Added by Constitutional Amendment 136/2025)

§ 20. If there is a court-ordered payment (precatório) with a value exceeding 15% (fifteen percent) of the total amount of court-ordered payments submitted under § 5 of this article, 15% (fifteen percent) of the value of that court-ordered payment shall be paid by the end of the following fiscal year and the remainder in equal installments over the five subsequent fiscal years, plus default interest and monetary adjustment, or through direct settlements before Auxiliary Courts for Conciliation of Court-Ordered Payments, with a maximum reduction of 40% (forty percent) of the adjusted value of the claim, provided that no appeal or judicial defense is pending in relation to the claim and that the requirements set out in the regulations issued by the federative entity are met. (Added by Constitutional Amendment 94/2016)

§ 21. The Union and the other federative entities, in the amounts that are their own, provided that both parties agree, are authorized to use amounts that are the subject of final and unappealable judgments owed to a legal entity under public law to amortize debts, whether due or falling due: (Added by Constitutional Amendment 113/2021)

I - under refinancing contracts whose credits are held by the federative entity that appears as debtor in the judgment referred to in the main text of this article; (Added by Constitutional Amendment 113/2021)

II - under contracts in which a guarantee was provided to another federative entity; (Added by Constitutional Amendment 113/2021)

III - under installment plans for taxes or social contributions; and (Added by Constitutional Amendment 113/2021)

IV - under obligations arising from failure to render accounts or from misappropriation of funds. (Added by Constitutional Amendment 113/2021)

§ 22. The amortization referred to in § 21 of this article: (Added by Constitutional Amendment 113/2021)

I - for obligations that are due, shall be applied first to the oldest installments; (Added by Constitutional Amendment 113/2021)

II - for obligations falling due, shall uniformly reduce the value of each installment owed, with the original duration of the respective contract or installment plan being maintained. (Added by Constitutional Amendment 113/2021)

§ 23. Payments of court-ordered payments by the States, the Federal District and the Municipalities, relating to their direct and indirect administrations, are limited, subject to the provisions of §§ 24, 25, 26 and 28 of this article, to: (Added by Constitutional Amendment 136/2025)

I - 1% (one percent) of the net current revenue ascertained in the previous fiscal year, for federative entities that have no outstanding stock and for federative entities whose stock of overdue court-ordered payments, monetarily adjusted and increased by default interest, as of January 1, does not exceed 15% (fifteen percent) of that amount; (Added by Constitutional Amendment 136/2025)

II - 1.5% (one and five tenths percent) of the net current revenue ascertained in the previous fiscal year, if the stock of overdue court-ordered payments, monetarily adjusted and increased by default interest, as of January 1, is greater than 15% (fifteen percent) and less than or equal to 25% (twenty-five percent) of that amount; (Added by Constitutional Amendment 136/2025)

III - 2% (two percent) of the net current revenue ascertained in the previous fiscal year, if the stock of overdue court-ordered payments, monetarily adjusted and increased by default interest, as of January 1, is greater than 25% (twenty-five percent) and less than or equal to 35% (thirty-five percent) of that amount; (Added by Constitutional Amendment 136/2025)

IV - 2.5% (two and five tenths percent) of the net current revenue ascertained in the previous fiscal year, if the stock of overdue court-ordered payments, monetarily adjusted and increased by default interest, as of January 1, is greater than 35% (thirty-five percent) and less than or equal to 45% (forty-five percent) of that amount; (Added by Constitutional Amendment 136/2025)

V - 3% (three percent) of the net current revenue ascertained in the previous fiscal year, if the stock of overdue court-ordered payments, monetarily adjusted and increased by default interest, as of January 1, is greater than 45% (forty-five percent) and less than or equal to 55% (fifty-five percent) of that amount; (Added by Constitutional Amendment 136/2025)

VI - 3.5% (three and five tenths percent) of the net current revenue ascertained in the previous fiscal year, if the stock of overdue court-ordered payments, monetarily adjusted and increased by default interest, as of January 1, is greater than 55% (fifty-five percent) and less than or equal to 65% (sixty-five percent) of that amount; (Added by Constitutional Amendment 136/2025)

VII - 4% (four percent) of the net current revenue ascertained in the previous fiscal year, if the stock of overdue court-ordered payments, monetarily adjusted and increased by default interest, as of January 1, is greater than 65% (sixty-five percent) and less than or equal to 75% (seventy-five percent) of that amount; (Added by Constitutional Amendment 136/2025)

VIII - 4.5% (four and five tenths percent) of the net current revenue ascertained in the previous fiscal year, if the stock of overdue court-ordered payments, monetarily adjusted and increased by default interest, as of January 1, is greater than 75% (seventy-five percent) and less than or equal to 85% (eighty-five percent) of that amount; (Added by Constitutional Amendment 136/2025)

IX - 5% (five percent) of the net current revenue ascertained in the previous fiscal year, if the stock of overdue court-ordered payments, monetarily adjusted and increased by default interest, as of January 1, is greater than 85% (eighty-five percent) of that amount. (Added by Constitutional Amendment 136/2025)

§ 24. The percentage limits set in items I to IX of § 23 of this article shall be increased, on a fixed basis for the following ten-year period, by 0.5 (five tenths) percentage point of the net current revenue ascertained in the immediately preceding fiscal year, as of January 1, 2036, and every subsequent period of 10 (ten) years, if the existence of a stock of overdue court-ordered payments is verified. (Added by Constitutional Amendment 136/2025)

§ 25. Every effective measure to reduce the stock of court-ordered payments carried out by the States, the Federal District and the Municipalities shall be counted for purposes of ascertaining compliance with the respective annual plan for payment of court-ordered payments. (Added by Constitutional Amendment 136/2025)

§ 26. Payments of court-ordered payments made under §§ 11 and 21 of this article are not taken into account for the application of the limits referred to in § 23 of this article. (Added by Constitutional Amendment 136/2025)

§ 27. If the funds allocated to the payment of court-ordered payments of the States, the Federal District and the Municipalities, subject to the limits of § 23 of this article, are not released in a timely manner, in whole or in part: (Added by Constitutional Amendment 136/2025)

I - the limits referred to in § 23 of this article shall be suspended; (Added by Constitutional Amendment 136/2025)

II - the President of the local Court of Justice shall order the sequestration, up to the limit of the amount owed, of the municipal, state or district accounts of the defaulting federative entity for purposes of payment of court-ordered payments; (Added by Constitutional Amendment 136/2025)

III - the Governor of the State or of the Federal District or the Mayor of the defaulting Municipality shall be held liable under the legislation on fiscal responsibility and administrative misconduct; (Added by Constitutional Amendment 136/2025)

IV - the State, the Federal District or the Municipality shall be barred from receiving voluntary transfers for as long as the omission persists. (Added by Constitutional Amendment 136/2025)

§ 28. The States, the Federal District and the Municipalities, by means of a specific budget appropriation, may make payments of court-ordered payments exceeding the limits set forth in § 23 of this article. (Added by Constitutional Amendment 136/2025)

§ 29. The creditor of a court-ordered payment of the States, the Federal District and the Municipalities that has not been paid by reason of the provisions of §§ 20 or 23 of this article may, without prejudice to the procedures set forth in §§ 9 and 21 of this article, opt to receive payment, through direct settlements before Auxiliary Courts for Conciliation of Payment of Judicial Awards against the state, municipal or Federal District Public Treasury, in a single installment, by the end of the following fiscal year, with waiver of a portion of the value of that claim. (Added by Constitutional Amendment 136/2025)

§ 30. The amounts actually deposited by the federative entities into the special accounts of the Judiciary intended for the payment of court-ordered payments shall be immediately excluded from the stock of debt for purposes of ascertaining the outstanding balance, and the accrual of interest, monetary adjustment or any legal additions on those amounts after their transfer is prohibited. (Added by Constitutional Amendment 136/2025)

TITLE I — Fundamental Principles

TITLE II — Fundamental Rights and Guarantees

CHAPTER I — INDIVIDUAL AND COLLECTIVE RIGHTS AND DUTIES

CHAPTER II — SOCIAL RIGHTS

CHAPTER III — NATIONALITY

CHAPTER IV — POLITICAL RIGHTS

CHAPTER V — POLITICAL PARTIES

TITLE III — Organization of the State

CHAPTER I — POLITICAL AND ADMINISTRATIVE ORGANIZATION

CHAPTER II — THE UNION

CHAPTER III — THE FEDERATED STATES

CHAPTER IV — The Municipalities

CHAPTER V — THE FEDERAL DISTRICT AND THE TERRITORIES

Section I — THE FEDERAL DISTRICT

Section II — THE TERRITORIES

CHAPTER VI — INTERVENTION

CHAPTER VII — PUBLIC ADMINISTRATION

Section I

GENERAL PROVISIONS

Section II — CIVIL PUBLIC SERVANTS

Section III — MILITARY PUBLIC SERVANTS

Section IV — REGIONS

TITLE IV — The Organization of the Branches of Government

TITLE IV — THE ORGANIZATION OF THE BRANCHES OF GOVERNMENT

CHAPTER I — THE LEGISLATIVE BRANCH

Section I — THE NATIONAL CONGRESS

Section II — POWERS OF THE NATIONAL CONGRESS

Section III — THE CÂMARA DOS DEPUTADOS

Section IV — THE SENADO FEDERAL

Section V — DEPUTIES AND SENATORS

Section VI — MEETINGS

Section VII — COMMITTEES

Section VIII — THE LEGISLATIVE PROCESS

Subsection I — General Provision

Subsection II — Amendment to the Constitution

Subsection III — Laws

Section IX — ACCOUNTING, FINANCIAL AND BUDGETARY OVERSIGHT

CHAPTER II — THE EXECUTIVE BRANCH

Section I — THE PRESIDENT AND THE VICE-PRESIDENT OF THE REPUBLIC

Section II — Powers of the President of the Republic

Section III — Liability of the President of the Republic

Section IV — MINISTERS OF STATE

Section V — THE CONSELHO DA REPÚBLICA AND THE CONSELHO DE DEFESA NACIONAL

Subsection I — The Conselho da República

Subsection II — The Conselho de Defesa Nacional

CHAPTER III — THE JUDICIAL BRANCH

Section I

GENERAL PROVISIONS

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