The Organization of the Powers

Title IV The Organization of the Powers

Chapter I The Legislative Power

Section I The National Congress

Article 44: Federal Legislative Branch

0. The Legislative Authority of the Republic is exercised by the National Congress, which is composed of the House of Representatives and of the Federal Senate.

1. Each legislature has a duration of four years.

Article 45: House Composition

0. The House of Representatives is formed by representatives of the people, elected by the proportional system in each State, in each Territory and in the Federal District.

1. The total number of Representatives, as well as the representation per State and for the Federal District, is established by a supplemental law in proportion to the population, the necessary adjustments to be made in the year preceding the elections, so that none of those units of the Federation has less than eight or more than seventy Representatives.

2. Each Territory elects four Representatives.

Article 46: Representation in the Senate

0. The Federal Senate is composed of members representing the States and the Federal District, elected by majority vote.

1. Each State and the Federal District shall elects three Senators with term of office of eight years.

2. One third and two thirds of the representation of each State and of the Federal District are renewed every four years, alternately.

3. Each Senator is elected with two alternates.

Article 47: Deliberative Quorum

Unless otherwise established in this Constitution, the resolutions of each Chamber of Congress and of its Committees are adopted by a majority vote with the attendance of the absolute majority of its members.

Section II Powers of the National Congress

Article 48: Legislative Powers

It is incumbent upon Congress, with the sanction of the President of the Republic, which sanction shall not be required in the events specified in Articles 49, 51, and 52, to provide for all the matters within the jurisdiction of the Republic and especially on:

  1. system of taxation, collection, and income distribution;
  2. pluriannual plan, budgetary directives, annual budget, credit transactions, public debt, and issue of money;
  3. establishment and modification of the number of troops of the Armed Forces;
  4. national, regional, and sectorial development programs and plans;
  5. boundaries of the national territory, air, and maritime space and property owned by the Republic;
  6. incorporation, subdivision, or splitting of areas of Territories or States, after hearing the respective Legislative Assemblies;
  7. temporary transfer of the seat of the Federal Government;
  8. granting of amnesty;
  9. the administrative organization, judicial organization, Attorney General's Office organization, and Public Defender's office organization of the Republic and of the Territories, and the judicial organization, Attorney General's Office organization and Public Defender's Office organization of the Federal District;
  10. creation, transformation, and extinction of public offices, positions, and functions;
  11. creation, structuring, and responsibilities of the Ministries and Government administration agencies;
  12. telecommunications and radio broadcasting;
  13. financial, foreign exchange, and monetary matters, financial institutions and their operations;
  14. currency, currency issuance limits, and amount of federal indebtedness.
Article 49: Exclusive Functions

It is exclusively incumbent upon Congress:
  1. to resolve conclusively on international acts, agreements, or treaties which involve charges or commitments against the national patrimony;
  2. to authorize the President of the Republic to declare war, to make peace, to allow foreign forces to go through the national territory, or remain therein temporarily, except for the cases set forth in a supplemental law;
  3. to authorize the President and the Vice President of the Republic to leave the country, when such absence exceeds fifteen days;
  4. to approve a state of defense and federal intervention, authorize a state of siege, or suspend any of these measures;
  5. to stay normative acts of the Executive Branch which exceed the regulamentary authority or the limits of the legislative delegation of Powers;
  6. to temporarily transfer its seat;
  7. to establish identical compensation for Federal Representatives and Senators, in each legislature, for the subsequent one, with due regard for the provisions of Articles 150 II, 153 III, and 153 2. I;
  8. to establish for each fiscal year the compensation of the President and of the Vice President of the Republic and of the Ministers of State, with due regard for the provisions of Articles 150 II, 153 III, and 153 2. I;
  9. to each year examine the accounts rendered by the President of the Republic and evaluate the reports on the execution of Government plans;
  10. to supervise and control, directly or through the Federal Senate and/or the House of Representatives, the acts of the Executive, including those of the indirect administration;
  11. to ensure the preservation of its legislative authority in view of the normative responsibility of the other Branches;
  12. to evaluate acts of concession and renewal of concession of radio and television stations;
  13. to choose two thirds of the members of the Audit Tribunal of the Union;
  14. to approve initiatives of the Executive Branch regarding nuclear activities;
  15. to authorize a referendum and to call a plebiscite;
  16. to authorize, in Indian lands, the exploitation and use of hydric resources, and prospecting and mining of mineral resources;
  17. to give its prior approval for the disposal or concession of public lands with an area of over two thousand and five hundred hectares.

Article 50: Calling Officers for Explanations

0. The House of Representatives or the Federal Senate, as well as any of their Committees, may call upon a Minister of State to personally render information on a pre determined matter, and his absence without adequate justification shall constitute a criminal malversion.

1. The Ministers of State may attend the Federal Senate, the House of Representatives, or any of their Committees, on their own initiative and by agreement with the respective Presiding Board, to report on a matter relevant to their Ministry.

2. The Presiding Board of the House of Representatives and of the Federal Senate may forward written requests for information to the Ministers of State, and refusal or non compliance with such request within a period of thirty days, as well as the rendering of false information, shall constitute a criminal malversion.

Section III House of Representatives

Article 51: Exclusive Authority

It is exclusively incumbent upon the House of Representatives:

  1. to authorize, by two thirds of its members, the institution of legal action against the President and Vice President of the Republic and the Ministers of State;
  2. to take the accounts of the President of the Republic, when they are not submitted to Congress within sixty days of opening of the legislative session;
  3. to prepare its internal regulations;
  4. to provide for its organization, operation, police, creation, transformation, or extinction of offices, positions, and functions of its services and establishment of the respective compensation,
  5. observing the guidelines established in the budget directives law;
  6. to elect the members of the Council of the Republic, according to Article 89 VII.
Section VI Federal Senate

Article 52: Exclusive Powers

0. It is incumbent exclusively upon the Federal Senate:

  1. to sue and try the President and Vice President of the Republic for criminal malversion and the Ministers of State for crimes of the same nature connected therewith;
  2. to sue and try the Justices of the Federal Supreme Court, the Attorney General of the Republic and the Advocate General of the Republic for criminal malversion;
  3. to give its prior approval, by secret ballot, after public hearing, on the selection of:
  4. judges, in the cases established in this Constitution;
  5. Justices of the Audit Tribunal of the Union appointed by the President of the Republic;
    • Governor of a Territory;
    • president and directors of the Central Bank;
    • Attorney General of the Republic;
    • holders of other offices as determined by the law;
  6. to give its prior approval, by secret ballot, after closed hearing, on the selection of the heads of permanent diplomatic missions;
  7. to authorize foreign transactions of a financial nature, of interest to the Republic, the States, the Federal District, the Territories and the Municipalities;
  8. to establish, as proposed by the President of the Republic, aggregate limits for the amount of the consolidated debt of the Republic, the States, the Federal District and the Municipalities;
  9. to provide for the aggregate limits and conditions for foreign and domestic credit transactions of the Republic, the
  10. States, the Federal District and the Municipalities, of their autonomous government entities, and other entities controlled by the Federal Government;
  11. to provide for the limits and conditions for the Republic to render its guarantee in foreign and domestic credit transactions;
  12. to establish aggregate limits and conditions for the amount of debt of the States, the Federal District and the Municipalities;
  13. to stay the application, in full or in part, of a law declared unconstitutional by final decision of the Federal Supreme Court;
  14. to approve, by absolute majority and by secret ballot, the removal from office of the Attorney General of the Republic before the end of his term of office;
  15. to draw up its internal regulations;
  16. to provide for its organization, operation, police, creation, transformation, or extinction of offices, positions, and functions of its services and to determine the respective compensation, with due regard for the guidelines established in the budget directives law;
  17. to elect the members of the Council of the Republic pursuant to Article 89 VII.
1. In the events set forth in Items I and II, the Chief Justice of the Federal Supreme Court acts as President, and the sentence, which may only be rendered by two thirds of the Federal Senate, is limited to loss of office, with disqualification to hold any public office for a period of eight years, without prejudice to other applicable judicial sanctions.

Section V Representatives and Senators

Article 53: Inviolability, Immunity

0. The Representatives and Senators enjoy inviolability regarding their opinions, words, and votes.

1. From the date of investiture, the members of Congress may not be arrested, except in flagrante delicto of a crime not entitled to bail, nor may they be criminally sued, without prior authorization from the respective Chamber of Congress.

2. Denial of the request for authorization or the absence of a resolution suspends the statute of limitations for the duration of the term of office.

3. In the event of flagrante delicto of a crime not entitled to bail, the case record has to be sent within twenty-four hours to the respective Chamber of Congress, which, by secret ballot of a majority of its members, shall resolve on the arrest and authorize or not the determination of criminal liability.

4. The Representatives and Senators are judged by the Federal Supreme Court.

5. The Representatives and Senators are not required to render testimony on information received or rendered by virtue of the exercise of their term of office nor against the persons who rendered them information or those who received information from them.

6. The enlistment of Representatives and Senators into the Armed Forces, even if they are servicemen and even in times of war, depends upon prior authorization from the respective Chamber of Congress.

7. The immunities of Representatives or Senators subsists during a state of siege, and may only be suspended by the vote of two thirds of the members of the respective Chamber of Congress, in the event of acts performed outside the premises of Congress, which are incompatible with the implementation of such measure.

Article 54: Forbidden Actions

Representatives and Senators shall not:

I. as from the date of issue of the certificates:
  1. execute or maintain a contract with a public entity, an autonomous government entity, a state owned company, a mixed capital company or a public utility company, unless the contract complies with uniform clauses;
  2. accept or hold a remunerated office, function or job, including those which may be terminated "ad nutum", in the entities listed in the preceding item;
II. as from taking of office:
  1. be the owners, controllers, or directors of a company which enjoys a privilege as a result of a contract with a public entity or perform a remunerated function therein;
  2. hold an office or a function subject to termination "ad nutum" in the entities referred to in Item I a);
  3. advocate a cause in which any of the entities referred to in Item I a), have an interest;
  4. be the holder of more than one public elective position or office.

Article 55: Cassation of Mandate

0. A Representative or Senator loses his or her office:
  1. if he or she infringes upon any of the prohibitions established in the preceding article;
  2. if his or her conduct is declared to be incompatible with parliamentary decorum;
  3. if he or she fails to attend, during each legislative term, one third of the ordinary sessions of his or her Chamber of Congress, except for a leave of absence or a mission authorized by such Chamber of Congress;
  4. if he or she loses or suffers suspension of his or her political rights;
  5. whenever decreed by the Electoral Courts, in the events set forth in this Constitution;
  6. if he or she is criminally convicted by a final and unappealable sentence.
1. Abuse of the prerogatives ensured to members of Congress or receipt of undue advantages, besides such cases as are defined in the internal regulations, is incompatible with parliamentary decorum.

2. In the events of Items I, II and VI, loss of office is decided by the House of Representatives or by the Federal Senate, by secret ballot and absolute majority, on the initiative of the respective Presiding Board or of a political party represented in Congress, full defense being ensured.

3. In the events set forth in Items III to V, the loss is declared by the Presiding Board of the respective Chamber of Congress ex officio or on the initiative of any of its members, or of a political party represented in Congress, full defense being ensured.

Article 56: No Cassation of Mandate

0. A Representative or Senator does not lose his or her office if:
  1. he or she is vested in an office of Minister of State, Governor of a Territory, Secretary of a State, of the Federal District, or of a Territory, Mayor of a State Capital or head of a temporary diplomatic mission;
  2. he or she is on leave of absence from the respective Chamber of Congress by virtue of illness, or to pursue, without compensation, a private matter, provided that, in this case, the absence does not exceed one hundred and twenty days per legislative term.
1. The alternate is called in cases of vacancy, of investiture in the functions set forth in this article, or of leave of absence exceeding one hundred and twenty days.

2. If a vacancy occurs and there is no alternate, an election has to be held to fill the vacancy if more than fifteen months remain, before the end of the term of office.

3. In the event of Item I, the Representative or Senator may opt for compensation of the elected office.

Section VI Sessions

Article 57: Meetings

0. Congress meets each year in the Federal Capital, from February 15th to June 30th and from August 1st to December 15th.

1. If sessions scheduled for these dates fall on a Saturday, a Sunday or a holiday, such meetings is transferred to the immediately subsequent business day.

2. A legislative term is not interrupted without approval of the bill for the budget directives law.

3. In addition to other cases set forth herein, the House of Representatives and the Federal Senate meets in a joint session to:
  1. Inaugurate the legislative term;
  2. draw up the regulations and regulate the creation of services common to both Chambers of Congress;
  3. take the oath of the President and Vice President of the Republic;
  4. acknowledge a veto and resolve thereon.
4. The House of Representatives and the Federal Senate meet in preparatory sessions, as from February 1st, in the first legislative year, for the inauguration of its members and election of the respective Presiding Boards, for a term of office of two years, re-election to the same office in the immediately subsequent election being prohibited.

5. The Presiding Board of joint Congress Sections is presided over by the President of the Federal Senate, and the remaining offices are held, alternately, by the occupants of equivalent offices in the House of Representatives and in the Federal Senate.

6. Congress is called for an extraordinary session:
  1. by the President of the Federal Senate, in the event of decree of a state of defense or federal intervention, of a request for authorization to decree a state of siege, and for the President and the Vice President of the Republic to take their oaths and offices;
  2. by the President of the Republic, by the Presidents of the House of Representatives and of the Federal Senate, or at the request of a majority of the members of both Chambers of Congress in the event of urgency or relevant public interest.
  3. In an extraordinary legislative session, Congress only conducts the business for which it was called.
Section VII Committees

Article 58: Constitution of Committees
0. Congress and its two Chambers have permanent and temporary committees, which are formed in the manner and with the duties set forth in the respective regulations or in the act determining the creation thereof.

1. In forming the Presiding Boards and each Committee, proportional representation of the political parties or of the parliamentary groups which participate in the respective Chamber of Congress shall be ensured to the extent possible.

2. It is incumbent upon the committees, based upon the subject of their authority:
  1. to discuss and vote on bills of law which, in accordance with the regulations, are not within the authority of the Plenary, except in the event of appeal by one tenth of the members of one of the Chambers of Congress;
  2. to hold hearings with entities of society;
  3. to call Ministers of State to render information on matters inherent to their duties;
  4. to receive petitions, claims, statements, or complaints from any person against acts or omissions of government authorities or entities;
  5. to request the deposition of any authority or citizen;
  6. to examine construction work programs and national, regional, and sectorial development plans and issue opinions thereon.
3. Parliamentary investigation committees, which shall have the investigation powers inherent to the judicial authorities, in addition to other powers set forth in their respective regulations, are created by the House of Representatives and by the Federal Senate, jointly or severally, at the request of one third of its members, for investigation of a certain fact and for a certain period of time, and their conclusions shall, if necessary, be forwarded to the Attorney General's Office to determine the civil or criminal liability of the offenders.

4. During recess there is a standing Committee to represent Congress, elected by its two Chambers at the last ordinary session of the legislative term, with duties defined in the common regulations, the composition of which shall, to the extent possible, reflect the proportional representation of the political parties in Congress.

Section VIII Legislative Procedure
Subsection 1
General Provisions

Article 59: Laws

0. Legislative procedure includes the preparation of:
  1. amendments to the Constitution;
  2. supplemental laws;
  3. statutory laws;
  4. delegated laws;
  5. provisional measures;
  6. legislative decrees;
  7. resolutions.
1. A supplemental law provides for the preparation, drafting, amendment, and consolidation of laws.

Subsection II
Amendments to the Constitution

Article 60: Amendment of the Constitution

0. The Constitution may be amended on the proposal of:
  1. at least one third of the members of the House of Representatives or of the Federal Senate;
  2. the President of the Republic;
  3. more than one half of the Legislative Assemblies of the units of the Federation, each of which express itself by a simple majority of its members.
1. The Constitution may not be amended during federal intervention, state of defense or state of siege.

2. The proposal is discussed and voted in each Chamber of Congress, in two rounds, and it is considered approved if it obtains three-fifths of the votes of the respective members in both rounds.

3. An amendment to the Constitution is enacted by the Presiding Boards of the House of Representatives and of the Federal Senate, with a respective sequence number.

4. No resolution is discussed concerning an amendment proposal which tends to abolish:
  1. the federative form of the State;
  2. the direct, secret, universal, and periodic vote;
  3. the separation of the Government Branches;
  4. individual rights and guarantees.
  5. The subject dealt with in an amendment proposal that is rejected or considered impaired cannot be the subject of another proposal in the same legislative term.
Subsection III
The Laws

Article 61: Law-making procedure

0. The initiative of supplemental laws and statutory laws is incumbent upon any member of Committees of the House of Representatives, of the Federal Senate or of Congress, upon the President of the Republic, the Federal Supreme Court, the Superior Courts, the Attorney General of the Republic, and the citizens, in the manner and events set forth in this Constitution.

1. The initiative of the following laws is incumbent solely upon the President of the Republic:
  1. laws which determine or modify the number of troops in the Armed Forces;
  2. laws which deal with:
  • creation of public offices, functions, or positions in the direct administration and in autonomous government entities, or increase in the compensation thereof;
  • administrative and judicial organization, tax, and budgetary matters, public services, and administrative personnel of the Territories;
  • Government employees of the Republic and Territories, their legal treatment, appointment to offices, tenure and retirement of civil servants, retirement, and transfer of servicemen to inactivity;
  • Organization of the Attorney General's Office and of the Public Defender's Office of the Republic, as well as general rules for the organization of the Attorney General's Office and of the Public Defender's Office of the States, the Federal District and the Territories;
  • Creation, structuring, and duties of the Ministries and government administration agencies.
2. Public initiative may be exercised by presentation to the House of Representatives of a bill of law subscribed by at least one percent of Brazilian voters, distributed throughout at least five States, with no less than three tenths percent of the voters of each of these States.

Article 62: Provisional Measures

0. In relevant and urgent cases, the President of the Republic may adopt provisional measures with the force of law and shall submit such measures to Congress immediately. If Congress is in recess, an extraordinary session shall be called within five days.

1. Provisional measures lose their effectiveness as from the date of their issuance if they are not converted into law within a period of thirty days as from their publication, and Congress regulates the legal relations arising therefrom.

Article 63: Expenditure

An increase in expenditure is not admitted if it is established:

  1. in bills which are the exclusive initiative of the President of the Republic, except for the provisions of Article 166 3. and (4);
  2. in bills on the organization of the administrative services of the House of Representatives, the Federal Senate, the Federal Courts, and the Attorney General's Office.

Article 64: Discussion, Voting

0. The discussion and vote of bills of law which are the initiative of the President of the Republic, of the Federal Supreme Court, and of the Superior Courts commences in the House of Representative.

1. The President of the Republic may request urgency in the examination of bills of his initiative.

2. If, in the case set forth in the previous paragraph, the House of Representatives and the Federal Senate fail to each, successively, express themselves on the proposition, within up to forty-five days, such proposition is included in the agenda and resolution on other matters are suspended for the proposition to be voted.

3. Amendments of the Federal Senate are examined by the House of Representatives within a period of ten days, with due regard, otherwise, for the provisions of the preceding paragraph.

4. The periods of time set forth in Paragraph 2. do not run when Congress is in recess and do not apply to bills for codes.

Article 65: Approvation, Revision

0. A bill of law approved by one Chamber of Congress is reviewed by the other in a single discussion and voting round, and, if the reviewing Chamber approves the bill, it is sent for sanctioning or enactment, or if it is rejected, it is dismissed.

1. If a bill is amended, it shall return to the initial Chamber.

Article 66: Sanction and Promulgation

0. The Chamber of Congress in which voting was concluded sends the bill of law to the President of the Republic, who sanctions it if he consents thereto.

1. If the President of the Republic deems all or part of the bill to be unconstitutional or contrary to public interests, he shall veto it fully or partially within fifteen business days as from the date of receipt and advise the President of the Federal Senate of the reasons for the veto within forty-eight hours.

2. A partial veto only applies to the full text of an article, paragraph, item, or sub item.

3. After a period of fifteen days has elapsed, silence on the part of the President of the Republic operates as sanctioning.

4. A veto examines in a joint session within thirty days of receipt thereof, and may only be rejected by an absolute majority of the Representatives and Senators by secret ballot.

5. If the veto is not upheld, the bill is submitted to the President of the Republic for enactment.

6. If the period established in Paragraph (4) elapses without a resolution, the veto is included in the agenda of the next session, suspending other propositions until final voting thereof, except for the matter referred to in Article 62 (1).

7. If the law is not enacted by the President of the Republic within forty-eight hours, in the events set forth in Paragraphs (3) and (5), the President of the Federal Senate enacts it and, if he fails to do so within the same period, it is incumbent upon the Vice President of the Federal Senate to do so.

Article 67: Rejected Drafts

The subject of a rejected bill of law may only be the subject of a new bill in the same legislative term on the proposal of the absolute majority of the members of any of the Chambers of Congress.

Article 68: Delegated Laws

0. Delegated laws are drawn up by the President of the Republic who requests delegation from Congress.

1. Acts subject to the exclusive authority of Congress, those subject to the exclusive authority of the House of Representatives or of the Federal Senate, matters reserved for supplemental laws, and legislation on the following shall not be delegated:
  1. organization of the Judicial Branch and of the Attorney General's Office, and the career and privileges of their members;
  2. nationality, citizenship, and individual, political and electoral rights;
  3. pluriannual plans, budgetary guidelines, and budgets.
2. Delegation to the President of the Republic is granted by resolution of Congress, which specifies its contents and the terms for performance thereof.

3. If the resolution determines that the bill is examined by Congress, the latter does so by a single ballot without any amendments.

Article 69: Supplemental Laws

Supplemental laws shall be approved by absolute majority.

Section IX Accounting, Financial, and Budgetary Control

Article 70: Parliamentary Control

0. Control of the accounts, finances, budgets, operations, and property of the Republic and of the direct and indirect administration entities as to lawfulness, legitimacy, economicalness, application of subsidies, and waiver of revenues is exercised by Congress, by means of external control and through the internal control system of each Branch.

1. Accounts are rendered by any individual or public entity which uses, collects, keeps, manages, or administers public moneys, assets, and values or those for which the Republic is responsible, or which, on behalf of the Republic, assumes obligations of a pecuniary nature.

Article 71: External Audit

0. External control under the responsibility of Congress is exercised with the assistance of the Audit Tribunal of the Union, which shall:
  1. examine the accounts rendered each year by the President of the Republic, by means of a prior opinion which is prepared within sixty days of receipt thereof;
  2. evaluate the accounts of the administrators and others who are responsible for public moneys, assets, and values of the direct and indirect administration, including foundations and companies instituted or maintained by the Federal Administration, and the accounts of those who have caused a loss, misplacement, or other irregularity resulting in losses to the public treasury:
  3. examine, for registration purposes, the lawfulness of acts of any personnel hired in the direct and indirect administration, including foundations instituted and maintained by the Government, excepting appointments to commission offices, as well as the approval of civil and military retirement and pension, except for subsequent benefits which do not alter the legal grounds for such approval;
  4. carry out, on its own initiative or the initiative of the House of Representatives, the Federal Senate or a technical or investigation Committee, inspections and audits of an accounting, financial, budgetary, operational, or property nature in the administrative units of the Legislative, Executive, and Judicial Branches and other entities referred to in Item II;
  5. control the national accounts of supranational companies in whose capital stock the Republic holds a direct or indirect interest, according to the terms established in the acts of incorporation;
  6. control the application of any funds transferred by the Republic, under a contract, agreement, arrangement, or other similar instrument, to a State, to the Federal District or to a Municipality;
  7. render the information requested by any of the Chambers or any of the respective Committees of Congress concerning accounting, financial, budgetary, operational, and property control and the results of audits and inspections made;
  8. apply to the responsible parties, in the event of illegal expenses or irregular accounts, the sanctions provided for in law, which shall establish, among other penalties, a fine proportional to the damages caused to the public treasury;
  9. establish a period for the agency or entity to take the action required for the proper enforcement of the law, if an illegality is determined;
  10. stay, if not heeded, the performance of the contested act, advising the House of Representatives and the Federal Senate of this decision;
  11. inform the proper Branch on any irregularities or abuses determined.
1. In the event of a contract, the action of staying is taken directly by Congress which immediately requests the Executive to take the proper action.

2. In the event that Congress or the Executive does not take the action set forth in the preceding paragraph, within ninety days, a Court decides the matter.

3. Decisions of a Court resulting in the imposition of a debt or fine have the effectiveness of an execution instrument.

4. Each quarter and each year, the Court presents to Congress a report on its activities.

Article 72: Committee

0. The permanent mixed Committees referred to in Article 166 (1), may, in view of indications of unauthorized expenses, even if in the form of non programmed investments or of non approved subsidies, request the responsible government authority to render the necessary explanations within five days.

1. If the explanations are not rendered or if they are considered insufficient, the Committee requests the Court to give the final opinion on the matter within a period of thirty days.

2. If the Court considers the expense to be irregular, the Committee shall, if it believes that the expenditure may cause irreparable damages or serious injury to the public economy, propose to Congress that it be suspended.

Article 73: Audit Tribunal of the Union

0. The Audit Tribunal of the Union, which is made up of nine Justices, has its seat in the Federal District, has its own staff and has jurisdiction throughout the entire Brazilian territory, and exercises, where appropriate, the duties set forth in Article 96.

1. The Justices of the Audit Tribunal of the Union are appointed among Brazilians who satisfy the following requirements:
  1. More than thirty-five and less than sixty-five years of age;
  2. moral integrity and unblemished reputation;
  3. notorious knowledge of the law, accounting, economics, and finances or of government administration;
  4. more than ten years of practice or of actual professional activity requiring the knowledge mentioned in the preceding item.
2. The Justices of the Audit Tribunal of the Union are chosen as follows:
  1. one third by the President of the Republic with the approval of the Federal Senate, two of them being alternately chosen among auditors and members of the Attorney General's Office at the Court, as indicated in a triple list by the Court, in accordance with criteria of seniority and merit;
  2. two thirds by Congress.
3. The Justices of the Audit Tribunal of the Union have the same guarantees, prerogatives, impediments, compensation, and Privileges as the Justices of the Superior Court of Justice and may only retire with the benefits of the office if they have actually held office for more than five years.

4. An auditor, when replacing a Justice, has the same guarantees and impediments as the Justice and, when exercising other duties of the bench, those of a judge of a Federal Regional Court.

Article 74: Internal Control

0. The Legislative, Executive, and Judicial Branches maintain an integrated system of internal control for the purpose of:
  1. evaluating the achievement of the targets established in the pluriannual plan, the implementation of government programs, and of the Republic's budgets;
  2. determining the lawfulness and evaluating the results, as to effectiveness and efficiency, of budgetary, financial, and property administration of the agencies and entities of the federal administration, as well as of the application of Government funds by private entities;
  3. exercising control over credit transactions, guarantees, as well as over the rights and assets of the Republic;
  4. supporting external control in the performance of its institutional mission.
1. The persons responsible for internal control shall, upon learning of any irregularity or illegality, inform the Audit Tribunal of the Union thereof, subject to joint liability.

2. Any citizen, political party, association or trade union has standing under the law to denounce irregularities or illegalities to the Audit Tribunal of the Union.

Article 75: Application

0. The provisions of this section apply, where appropriate, to the organization, composition and control of the Audit Courts of the States and Federal District, and the Audit Courts and Councils of the Municipalities.

1. The State Constitutions provide for the respective Audit Courts, which are made up of seven Council Members.

Chapter II Executive Branch

Section 1 President and Vice President of the Republic

Article 76: President, Ministers

The Executive Branch is exercised by the President of the Republic, assisted by the Ministers of State.

Article 77: Election

0. Election of the President and of the Vice President of the Republic takes place simultaneously, ninety days before the end of the current presidential term of office.

1. Election of the President of the Republic includes election of the Vice President registered with him.

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

3. If no candidate attains an absolute majority in the first ballot, another election hat to be held within twenty days after announcement of the results; the two candidates who obtained the greatest number of votes then compete and the one who obtains a majority of valid votes is considered elected.

4. In the event that, before the second election is held, a candidate dies, withdraws, or is legally impaired, the candidate with the greatest number of votes among the remaining candidates is called.

5. If, in the event of the preceding paragraphs, more than one candidate with an equal number of votes remains in second place, the eldest one is qualified.

Article 78: Taking of office, Oath Before Congress

0. The President and the Vice President of the Republic takes office in a session of Congress. They take an oath to maintain, defend, and carry out the Constitution, comply with the laws, further the general good of the Brazilian people, sustain the union, integrity, and independence of Brazil.

1. In the event that ten days as from the date scheduled for taking of office, the President or the Vice President, except for force majeure, has not taken office, such office has to be declared vacant.

Article 79: Vice President

0. The Vice President replaces the President in the event of impediment and succeeds him in the event of vacancy.

1. The Vice President of the Republic, in addition to other duties attributed to him by supplemental laws, assists the President whenever called by the President for special missions.

Article 80: Double Vacancy

In the event of impediment of the President and of the Vice President, or of vacancy in the respective offices, the President of the House of Representatives, the President of the Federal Senate, and the Chief Justice of the Federal Supreme Court are called successively to exercise the Presidency.

Article 81: New Elections, Electoral College

0. If a vacancy occurs in the offices of President and Vice President of the Republic, elections are held ninety days after the last vacancy occurred.

1. If the vacancy occurs during the last two years of the President's term of office Congress holds elections for both offices within thirty days after the last vacancy occurred, in accordance with the law.

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

Article 82: Term

The term of office of the President of the Republic is four years and he may not be re-elected for the subsequent term. { Note: The 1997 re-election amendment is in force, but has not yet been included into the ICL-Edition. } The term of office commences on January 1st of the year following the year of his election.

Article 83: Leaving the Country

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

Section II Duties of the President of the Republic

Article 84: Functions

0. It is incumbent exclusively upon the President of the Republic:
  1. to appoint and dismiss the Ministers of State;
  2. to exercise, with the assistance of the Ministers of State, the higher management of the federal administration;
  3. to commence the legislative procedure, in the manner and in the events set forth in this Constitution;
  4. to sanction, enact, and cause the publication of laws, as well as to issue decrees and regulations for the true enforcement thereof;
  5. to veto bills of law, wholly, or partially;
  6. to provide for the organization and operation of the federal administration, in accordance with the law;
  7. to maintain relations with foreign States and to accredit their diplomatic representatives;
  8. to enter into international treaties, conventions and acts, ad referendum of Congress;
  9. to decree a state of defense and state of siege;
  10. to decree and enforce federal intervention;
  11. to send a government message and plan to Congress when the legislative term is opened, describing the country's situation and requesting the action he deems necessary;
  12. to grant pardons and reduce sentences, after hearing the entities instituted by law, if necessary;
  13.  to exercise supreme command over the Armed Forces, promote its generals, and to appoint them to the offices held exclusively by them;
  14. to appoint, after approval by the Federal Senate, the Justices of the Federal Supreme Court and of the Superior Courts, the Governors of the Territories, the Attorney General of the Republic, the president and directors of the Central Bank, and other civil servants, when required by law;
  15. to appoint, with due regard for the provisions of Article 73, the Justices of the Federal Audit Court;
  16. to appoint judges in the events established herein and the Advocate General of the Republic;
  17. to appoint members of the Council of the Republic pursuant to Article 89 VII;
  18. to call and preside over the Council of the Republic and the National Defense Council;
  19. declare war, if authorized by Congress or upon its referendum, whenever this occurs between legislative terms and, under the same conditions, decree full or partial national mobilization;
  20. to make peace, if authorized by or upon the referendum of Congress;
  21. to confer decorations and honorary distinctions;
  22. to permit, in the events set forth in supplemental laws, that foreign forces enter the Brazilian territory, or temporarily remain therein;
  23. to submit to Congress the pluriannual plan, the budget, directives bill of law and the budget proposals set forth in this Constitution;
  24. XXIV. to each year render accounts to Congress concerning the previous fiscal year, within sixty days of the opening of the legislative term;
  25. to fill and extinguish federal government offices, in accordance with the law;
  26. to issue provisional measures, with the forces of law, according to Article 62;
  27. to perform other duties set forth in this Constitution.
1. The President of the Republic may delegate the duties mentioned in Items VI, XII, and XXV, first part, to the Ministers of State, to the Attorney General of the Republic, who shall observe the limitations established in the respective delegations.

Section III Liability of the President of the Republic

Article 85: Responsibility Crimes

0. Those acts of the President of the Republic which contravene the Federal Constitution and contravene especially the following are criminal malversion:

  1. existence of the Republic;
  2. free exercise of the powers of the Legislative, the Judiciary, the Attorney General's Office, and the Constitutional powers of the units of the Federation;
  3. exercise of political, individual, and social rights;
  4. internal security of the country;
  5. honesty in the administration;
  6. budgetary law;
  7. compliance with the laws and with court decisions

1. Such crimes are defined in a special law, which establish the rules of procedures and trial.

Article 86: Impeachment

If charges against the President of the Republic are admitted by two thirds of the House of Representatives, he is submitted for trial before the Federal Supreme Court for common criminal offenses or before the Federal Senate for criminal malversion.

1. The President is suspended from his duties:
  1. in common criminal offenses, if the accusation or complaint is received by the Federal Supreme Court;
  2. in the event of criminal malversion, after proceedings are instituted by the Federal Senate.
2. If, after a period of one hundred and eighty days, trial has not been concluded, suspension of the President ceases without prejudice to the normal progress of the proceedings.

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

4. During his term of office, the President of the Republic may not be held liable for acts outside the performance of his duties.

Section IV The Ministers of State

Article 87: Ministers

0. The Ministers of State are chosen among Brazilians who have attained the age of twenty-one years and who possess political rights.

1. It is incumbent upon a Minister of State, in addition to other duties established in this Constitution and in the law:
  1. to exercise guidance, coordination, and supervision of the agencies and entities of the federal administration in the area of his authority and to give his referendum to acts and decrees signed by the President of the Republic;
  2. to issue instructions for the enforcement of laws, decrees, and regulations;
  3. to submit to the President of the Republic an annual report on his management of the Ministry;
  4. to perform acts pertinent to the duties assigned or delegated to him by the President of the Republic.
Article 88: Ministries

The law provides for the creation, structuring, and duties of the Ministries.

Section V Council of the Republic and Council of National Defense
Subsection I
Council of the Republic

Article 89: The Council of the Republic

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

  1. The Vice President of the Republic;
  2. The President of the House of Representatives;
  3. The President of the Federal Senate;
  4. The majority and the minority leaders of the House of Representatives;
  5. The majority and the minority leaders of the Federal Senate;
  6. The Minister of Justice;
  7. Six Brazilian born citizens of over thirty-five years of age, two of which appointed by the President of the Republic, two elected by the Federal Senate, and two elected by the House of Representatives, all with a term of office of three years and not eligible for re appointment.

Article 90: Powers, Necessary Consultation

0. It is incumbent upon the Council of the Republic to opine on:
  1. federal intervention, state of defense, and state of siege;
  2. matters relevant to the stability of the democratic institutions.
1. The President of the Republic may call a State Minister to participate in a Council meeting, when the agenda includes a matter related to the respective Ministry.

2. The organization and operation of the Council of the Republic are regulated by law.

Subsection II
Council of National Defense

Article 91: Advisory Body

0. The Council of National Defense is the consultation body of the President of the Republic on matters related to national sovereignty and to defense of the democratic State, and the following are its original members:
  1. the Vice President of the Republic;
  2. the President of the House of Representatives;
  3. the President of the Federal Senate;
  4. the Minister of Justice;
  5. the military Ministers;
  6. the Minister of Foreign Affairs;
  7. the Minister of Planning.
1. It is incumbent upon the Council of National Defense to:
  1. Opine in the event of declaration of war and making of peace, according to this Constitution;
  2. Opine on the decreeing of state of defense, state of siege, and federal intervention;
  3. Propose the criteria and conditions for the use of areas which are indispensable to the security of the national territory and opine on their effective use, especially on the frontier strip and on those related to the preservation and exploitation of natural resources of any kind;
  4. study, propose, and monitor the development of measures required to guarantee national independence and defense of democratic State.
  5. The organization and operation of the Council of National Defense are regulated by law.

Chapter III Judiciary Branch

Section I General Provisions

Article 92: Bodies

The following are bodies of the Judiciary Branch:

  1. The Federal Supreme Court the Superior Court of Justice;
  2. the Federal Regional Courts and Federal Judges;
  3. the Labor Courts and Labor Judges;
  4. the Electoral Courts and Electoral Judges;
  5. the Military Courts and Military Judges;
  6. the Courts and Judges of the States and of the Federal District and of the Territories.

1. the Federal Supreme Court and the Superior Courts have their seat in the Federal Capital and jurisdiction over the entire national territory.

Article 93: Statute of Judicature

A supplemental law proposed by the Federal Supreme Court shall provide for the bylaws of the Judicature, observing the following principles:

  1. admission into the career, with the initial office of alternate judge, through a public competitive examination of tests and titles, with the participation of the Brazilian Bar in all of its phases, and adopting the order of classification for appointments;
  2. promotion from level to level, alternately through seniority and merit, observing the following rules:
    • promotion is mandatory for a judge who has appeared for three consecutive times or five alternative times in a merit list;
    • merit promotion presupposes two years in office in the respective level, and that the judge appears in the top fifth part of the seniority list of such level, unless no one satisfying such requirements is willing to accept the vacancy;
    • evaluation of merit according to criteria of promptness and reliability in administering justice and performance in recognized extension courses;
    • in determining seniority, the court may only refuse the most senior judge by the vote of two thirds of its members, according to a specific procedure, the ballot being repeated until the appointment is determined.
  3. access to the courts of second instance are based on seniority and merit, alternately, determined at the last level or, if existing, at the Court of Appeals of Limited Jurisdiction, in the case of promotion to the Court of Appeals, in accordance with Item II and to the candidate's group of origin;
  4. establishment of official courses for preparation and improvement of judges as requisites for admission and promotion in their careers;
  5. the compensation of judges are established with a difference of not more than ten per cent from one to another career category, and under no circumstances may such compensation exceed that of the Justices of the Federal Supreme Court;
  6. retirement with full pay is compulsory upon disability or at seventy years of age, and optional upon thirty years of service, after five years of actual activity as a judge;
  7. a permanent judge resides in the respective judicial district;
  8. acts of removal, of suspension from office and of retirement of a judge, for public interest, are based on a decision adopted by the vote of two thirds of the respective court, ensuring ample defense;
  9. all judgements of bodies of the Judiciary Branch are public, and all decisions must be substantiated, under penalty of being null, and the law may, if the public interest so requires, limit attendance in given acts to only the interested parties and their attorneys, or only to the latter;
  10. administrative decisions of the courts shall present a justification, and disciplinary decisions shall be adopted by an absolute majority of their members;
  11. in courts with more than twenty-five judges, a special body may be organized with a minimum of eleven and a maximum of twenty-five members, for the purpose of exercising the administrative and jurisdictional duties which are the responsibility of the full court.

Article 94: Composition of some Courts

One fifth of the seats on the Federal Regional Courts, of the Courts of Appeals of the States and of the Federal District and Territories are formed by members of the Attorney General's Office with over ten years of service, and by lawyers of notorious legal knowledge and unblemished reputation, with over ten years of actual professional activity, indicated in a list of six names by the entities which represent the respective groups.

1. Upon receipt of the indications, the court sets up a list of three names and sends it to the Executive, which within the subsequent twenty days chooses one of the listed names for appointment.

Article 95: Guarantees of the Judges

0. Judges enjoy the following guarantees:

  1. life tenure, which, at first instance, shall only be acquired after two years in office and, during this period, loss of office is determined by the court to which they belong and, in other cases, by a final and unappealable court decision;
  2. irremovability, except by reason of public interest, according to Article 93 VIII;
  3. irreducibility of earnings, with due regard, with respect to compensation, for the provisions of Articles 37 XI, 150 II, 153 III, and 153 (2). I.
    • Judges are forbidden to:
    • hold, even when suspended from office, any other office or position, except for a teaching position;
    • receive, on any account or for any reason, court costs or participation in a lawsuit;
    • engage in political party activities.

Article 96: Incumbencies

0. It is incumbent exclusively upon:

  1. the Courts of Appeals:
    • to elect their directive bodies and prepare their internal regulations following the rules of procedure and the procedural guarantees of the parties, establishing the jurisdiction and operation of the respective jurisdictional and administrative bodies;
    • to organize their secretariats and ancillary services and those of the courts connected with them, ensuring performance of the respective inspection activities;
    • to fill, in the manner set forth in this Constitution, offices of career judges within their respective jurisdiction;
    • to propose the creation of new courts of first instance;
    • to fill by means of public competitive examination of tests, or of tests and titles, with due regard for the provisions of Article 169 1., the offices required for the administration of Justice, with the exception of positions of trust as defined by law;
    • to grant leave, vacations, and other absences to their members and to the judges and employees who are immediately subordinated to them;
  2. the Federal Supreme Court, the Superior Courts, and the Courts of Appeals, to propose to the respective Legislative Branch, with due regard for the provisions of Article 169:
    • alteration in the number of members of lower courts;
    • creation and extinction of offices and establishment of the compensation of their members, of the judges, including those of the lower courts, if any, of the ancillary services, and of the courts subordinated to them;
    • creation or extinction of lower courts,
    • alteration of the judiciary organization and division;
  3. the Courts of Appeals to try judges of the States, of the Federal District and of the Territories, as well as the members of the Attorney General's Office, for common crimes and criminal malversion, except in those cases coming under the jurisdiction of the Electoral Courts.

Article 97: Unconstitutionality

The courts may declare the unconstitutionality of a law or of a normative act of the Government only by an absolute majority of their members or of the members of the respective special body.

Article 98: Territories and Federal District

The Republic, in the Federal District and in the Territories, and the States, shall create:

  1. specialized courts, which have qualified judges or qualified and lay judges, with jurisdiction for conciliation, judgment and execution of civil suits of lesser complexity and criminal offenses of lower offensive potential, by oral and summary proceedings, allowing, in the cases set forth in the law, settlement and judgment of appeals by panels of judges of first instance;
  2. remunerated justice of peace, formed by citizens elected by direct, universal, and secret ballot with a term of office of four years and jurisdiction to, as set forth in the law, perform marriages, verify, ex officio or by reason, of a challenge, qualification proceedings, and exercise conciliatory functions of a non-jurisdictional nature, besides other functions set forth in the law.

Article 99: Full Autonomy

0. The Judiciary Branch is assured of administrative and financial autonomy.

1. The courts draw up their budget proposals, within the limits stipulated jointly with the other Branches in the budget directives law.

2. The proposal shall, after hearing the other interested courts, be forwarded:
  1. at Federal level, by the Chief Justices of the Federal Supreme Court and of the Superior Courts, with the approval of the respective courts;
  2. at State level, as well as the level of the Federal District and Territories, by the Chief Justices of the Courts of Appeals, with the approval of the respective courts.
Article 100: Special Payments

0. Except for alimony credits, payments owed by the Federal, State or Municipal Treasuries by virtue of a court decision is made exclusively in chronological order of submission of the judicial requests and on account of the respective credits, it being forbidden to designate cases or persons in budget appropriations and in additional credits opened for such purpose.

1. It is compulsory for the budget of public entities to include the funds required for the payment of their debts as shown on the judicial requests submitted on or before July 1st, on which date their values are adjusted, and payment is made until the end of the following fiscal year.

2. The budgetary appropriations and the credits opened are allotted to the Judiciary, and the respective amounts are paid to the appropriate department. It shall be incumbent upon the Chairman of the Court which rendered the decision to determine payment according to the amount of the deposit, and to authorize, at the creditor's request and exclusively in the event that his right of precedence is not respected, seizure of the amount required to satisfy the debt.

Section II Federal Supreme Court

Article 101: Composition, Nomination

0. The Federal Supreme Court is formed by eleven Justices, chosen among citizens over thirty-five years and under sixty-five years of age, with notorious legal knowledge and unblemished reputation.

1. The Justices of the Federal Supreme Court shall be appointed by the President of the Republic, after the choice is approved by the absolute majority of the Federal Senate.

Article 102: Functions, Constitutional Court

0. The Federal Supreme Court is responsible, mainly, for safeguarding the Constitution and it is incumbent upon it:

  1. to process and adjudicate, originally:
    • direct actions of unconstitutionality of a federal or state law or normative act, and declaratory actions of constitutionality of a federal law or normative act;
    • in common criminal offenses, the President of the Republic, the Vice President, the members of Congress, its own Justices and the Attorney General of the Republic;
    • in common criminal offenses and criminal malversion, the Ministers of State, excepting the provisions of Article 52 I, the members of the Superior Courts, those of the Federal Audit Court and the heads of permanent diplomatic missions;
    • habeas corpus when the petitioner is any one of the persons referred to in the preceding subsections; writs of mandamus and habeas data against acts of the President of the Republic, of the Presiding Boards of the House of Representatives and of the Federal Senate, of the Audit Tribunal of the Union, of the Attorney General of the Republic, and of the Federal Supreme Court itself;
    • litigation between a foreign State or international organization and the Republic, a State, the Federal District or a Territory;
    • disputes and conflicts between the Republic and the States, the Republic and the Federal District, or between one another, including their respective indirect administration entities;
    • extradition requested by a foreign State;
    • homologation of foreign court decisions and the granting of exequatur to letters rogatory, which may be conferred by its internal regulations upon its President;
    • habeas corpus, when the constraining party or the petitioner is a court, authority or employee whose acts are directly subject to the jurisdiction of the Federal Supreme Court, or in the case of a crime subject to the same jurisdiction in one sole instance;
    • criminal review of and rescissory action for its decisions;
    • claims for the preservation of its jurisdiction and guarantee of the authority of it's decisions;
    • enforcement of a court decision in a case for which it has original jurisdiction, the delegation of authority to perform procedural acts being allowed;
    • suits in which all members of the courts are directly or indirectly involved, and suits in which more than half of the members of the court of origin are impaired or have a direct or indirect interest;
    • conflicts of jurisdiction between the Superior Court of Justice and any other courts, between Superior Courts, or between the latter and any other court;
    • requests for a writ of prevention in direct actions of unconstitutionality;
    • writs of injunction, when preparation of the regulation is the responsibility of the President of the Republic, of Congress, of the House of Representatives, of the Federal Senate, of the Presiding Boards of one of these Legislative Chambers, of the Audit Tribunal of the Union, of one of the Superior Courts, or of the Federal Supreme Court itself;
  2. to adjudicate, at ordinary appeal level:
    •  habeas corpus, writs of mandamus, habeas data and writs of injunction decided in a sole instance by the Superior Courts, in the event of a denial; 
    • political crimes;
  3. to adjudicate, at extraordinary appeal level, cases decided in a sole or last instance, when the appealed decision:
    • is contrary to a provision of this Constitution;
    • declares the unconstitutionality of a treaty or a federal law;
    • considers valid a law or an act of a local government contested under this Constitution.
1. A claim of non-compliance with a fundamental precept deriving from this Constitution shall be examined by the Supreme Federal Court, under the terms of the law.

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

Article 103: Unconstitutional Acts Cassation

0. Unconstitutionality action may be instituted by:
  1. the President of the Republic;
  2. the Presiding Board of the Federal Senate;
  3. the Presiding Board of the House of Representatives;
  4. the Presiding Board of a State Legislative Assembly;
  5. a State Governor;
  6. the Attorney General of the Republic;
  7. the Federal Council of the Brazilian Order of Lawyers;
  8. a political party represented in Congress;
  9. a confederation of labor unions or a national class entity.
1. The Attorney General of the Republic shall first be heard in unconstitutionality actions and in all suits coming under the jurisdiction of the Federal Supreme Court.

2. Upon declaration of unconstitutionality through lack of procedures to make a constitutional provision effective, the appropriate Branch is notified to adopt the necessary action and, in the case of an administrative body, to do so within thirty days.

3. When the Federal Supreme Court examines the theoretical unconstitutionality of a legal provision or normative act, it shall first summon the Advocate General of the Republic, who shall defend the challenged act or text.

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

Section III Superior Court of Justice

Article 104: Composition, Nomination

0. The Superior Court of Justice is formed by at least thirty-three Justices.

1. The Justices of the Superior Court of Justice are appointed by the President of the Republic, selected among Brazilians over thirty-five and under sixty-five years of age, and of notorious legal knowledge and unblemished reputation, after approval of the choice by the Federal Senate, of which:
  1. one third among the judges of the Federal Regional Courts, and one third among the judges of the Courts of Appeals, indicated in a list of three names drawn up by the Court itself;
  2. one third, in equal parts, among lawyers and members of the Attorney General's Office of the Republic, of the States, of the Federal District and of the Territories, alternately, indicated as set forth in Article 94.
Article 105: Functions of the Court

0. It is incumbent upon the Superior Court of Justice:

  1. to process and adjudicate, originally:
    • in common crimes, the Governors of the States, and of the Federal District and, in common crimes and criminal malversion, the justices of the Courts of Appeals of the States and of the Federal District, the members of the Audit Courts of the States and of the Federal District, those of the Federal Regional Courts, of the Regional Electoral and Labor Courts, the members of Audit Courts or Councils of the Municipalities, and the members of the Attorney General's Office of the Republic, who act before courts;
    • writs of mandamus and habeas data against an act of a Minister of State or of the Court itself;
    • habeas corpus, when the constraining party or the petitioner is any of the persons mentioned in Subsection (a), or when the constraining party is a Minister of State, except for the jurisdiction of the Electoral Courts;
    • conflicts of jurisdiction between any courts, except for the provisions of Article 102 I (o), as well as between a court and judges not subordinated to it, and between judges subordinated to different courts;
    • criminal reviews of and the rescissory actions for its decisions;
    • claims for the preservation of its jurisdiction and guarantee of the authority of its decisions;
    • conflicts of authority between administrative and judicial authorities of the Republic, or between judicial authorities of one State and administrative authorities of another State or of the Federal District, or between those of the latter and those of the Republic;
    • writs of injunction, when the preparation of the regulation is the responsibility of a federal body, entity or authority, of direct or indirect administration, with the exception of cases coming under the jurisdiction of the Federal Supreme Court and of the bodies of the Military Courts, or the Electoral Courts, of the Labor Courts and of the Federal Courts;
  2. to adjudicate, at ordinary appeal level:
    • habeas corpus decided in a sole instance or last instance by the Federal Regional Courts or by the courts of the States, of the Federal District and Territories, when the decision denies it;
    • writs of mandamus decided in a sole instance by the Federal Regional Courts or by the courts of the States, of the Federal District and of the Territories, when the decision denies it;
    • cases in which the parties are a foreign State or an international organization on the one part, and a Municipality or a person resident or domiciled in Brazil on the other part;
  3. to adjudicate, at special appeal level, cases decided, in a sole instance or last instance, by the Federal Regional Courts or by the courts of the States, of the Federal District and Territories, when the appealed decision:
    • is contrary to a treaty or federal law or denies the effectiveness thereof;
    • considers valid a law or act of a local government, contested in view of a federal law;
    • confers upon a federal law an interpretation different from that which has been conferred upon it by another court.
1. A Council of Federal Justice operates together with the Superior Court of Justice, and it shall, as set forth in the law, exercise administrative and budgetary supervision over the Federal Courts of first and second instances.

Section IV Federal Regional Courts and Federal Judges

Article 106: Federal Courts in the States

The following are bodies of the Federal Courts:
  1. the Federal Regional Courts;
  2. the Federal Judges; s

Article 107: Composition, Nomination, Seat

0. The Federal Regional Courts are formed by at least seven judges, selected, whenever possible, in their respective regions and appointed by the President of the Republic among Brazilians over thirty and under sixty-five years of age, of which:

  1. one fifth among lawyers with over then years of actual professional activity and members of the Federal Attorney General's Office, with more than ten years of service;
  2. the others, through promotion of federal judges with over five years of service, based on seniority and merit, alternately.
1. 1. A law regulates the removal or exchange of Federal Regional Court judges and determines their jurisdiction and seat.

Article 108: Functions of Federal Regional Court It is incumbent upon the Federal Regional Courts to:

I. process and adjudicate, originally:
  1. federal judges of the area of their jurisdiction, including those of the Military Courts and of the Labor Courts, in common crimes and in criminal malversion, and the members of the Federal Attorney General's Office, except for the jurisdiction of the Electoral Courts;
  2. criminal review of and the rescissory action for their decisions or those of the federal judges of the region; c. writs of mandamus and habeas data against an act of the Court itself or of a federal judge; d. habeas corpus, when the constraining authority is a federal judge; e. conflicts of jurisdiction between federal judges subordinated to the Court;
II. adjudicate at appeal level, cases decided by federal judges and by state judges exercising federal authority in the area of their jurisdiction.

Article 109: Federal Judges' Functions

0. It is incumbent upon the federal judges to process and adjudicate:

  1. cases in which the Republic, an autonomous government entity or a federal public company have an interest as plaintiffs, defendants, assistants or opponents, except for those relating to bankruptcy, to labor accidents and those subject to the Electoral Courts and the Labor Courts;
  2. cases between a foreign State or international organization and a Municipality or a person domiciled or resident in Brazilcases based on a treaty or a contract of the Republic with a foreign State or international organization;
  3. political crimes and criminal offenses against property,
  4. services or interests of the Republic or of its autonomous government entities or public companies, excluding misdemeanour and excepting the jurisdiction of Military Courts and Electoral Courts;
  5. crimes set forth in an international treaty or conventions, when, prosecution having commenced in Brazil, the result has taken place or should have taken place abroad, or reciprocally;
  6. crimes against the organization of labor and, in the cases determined by law, against the financial system and the financial economic order;
  7. habeas corpus, in criminal matters under their jurisdiction or when the constraint originates from an authority whose acts are not directly subject to another jurisdiction;
  8. writs of mandamus and habeas data against an act of a federal authority, except for those cases coming under the jurisdiction of the higher federal courts;
  9. crimes committed abroad ships or aircraft, except for the jurisdiction of the Military Courts;
  10. crimes of irregular entry or stay of a foreigner, execution of letters rogatory after executor, and of foreign court decision after homologation, cases referring to nationality, including the respective options, and to naturalization;
  11. disputes over the rights of Indians.
1. Cases in which the Republic is the plaintiff are instituted in the judicial section where the other party is domiciled.

2. Cases filed against the Republic may be instituted in the judicial section in which the plaintiff is domiciled, in what where the act or fact given rise to the suit took place, or where the item is located, or, further, in the Federal District.

3. Cases in which the parties are a social security institution and its beneficiary shall be processed and adjudicated in the state Courts, in the forum domicile of the beneficiary, whenever the judicial district is not the seat of a federal court; in such a situation, the law may permit other cases to be processed and adjudicated in the state Courts.

4. In the event of the preceding paragraph, the proper appeal shall always lie with the Federal Regional Court in the jurisdictional area of the judge of first instance.

Article 110: Regional Courts

0. Each State, as well as the Federal District, is a judicial section, which has its seat in the respective Capital, and courts located as set forth in the law.

1. In the Federal Territories, the jurisdiction and duties vested in the federal judges are incumbent upon the judges of the local courts, according to the law.

Section V Labor Courts and Labor Judges

Article 111: Labour Justice

0. The following are bodies of the Labor Courts:
  1. the Superior Court of Labor;
  2. the Regional Labor Courts;
  3. III. III. the Conciliation and Judgement Commission.
1. The Superior Labor Court is formed by twenty-seven Justices, chosen among Brazilians over thirty-five years and under sixty-five ears of age, appointed by the President of the Republic after approval by the Federal Senate, of which:
  1. seventeen qualified judges with life tenure, out of which eleven chosen among career labor judges, three among lawyers and three among members of the Labor Attorney General's Office;
  2. ten temporary group judges, with equal representation of workers and employers.
2. The Court forwards to the President of the Republic lists with three names, with due regard, for the vacancies intended for lawyer and for members of the Attorney General's Office, for the provision of Article 94, and, for the temporary group judges, for the result of indication by an electoral college formed by the boards of directors of the national confederations of workers or employers, as the case may be; the list of three names for filling the office intended for career labor judges shall be prepared by life tenured qualified Justices.

3. The jurisdiction of the Superior Labor Court is established by law.

Article 112: Regional Labour Court

There has to be at least one Regional Labor Court in each State and in the Federal District, and the law institutes the Conciliation and Judgement Commissions. In those counties in which they are not instituted, the law may ascribe their jurisdiction to the court judges.

Article 113: Group Judges

The law provides for the constitution, investiture, jurisdiction, authority, guarantees, and conditions for performance of the bodies of the Labor Courts, ensuring equal representation of workers and employers.

Article 114: Labor Courts

0. It is incumbent upon the Labor Courts to conciliate and adjudicate individual and collective labor disputes between workers and employers, including foreign public entities and those of the direct and indirect public administration of the Municipalities, of the Federal District, of the States and of the Republic and, according to the law, other controversies resulting from labor relationships, as well as litigation which originates from compliance with their own decisions, including those of a collective nature.

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

2. If any of the parts refuses negotiation or arbitration, the respective unions and syndicates may institute collective bargaining proceedings, and the Labor Courts may establish rules and conditions respecting the minimum conventional and legal provisions for the protection of labor.

Article 115: Composition of Regional Courts

0. The Regional Labor Court are formed by judges appointed by the President of the Republic, two thirds or which to be life tenured qualified judges and one third of which temporary group judges, observing, with respect to the qualified judges, the proportion established in Article 111.

1. The judges of the Regional Labor Courts shall be:
  1. labor judges chosen by promotion, based alternately on seniority and merit;
  2. lawyers and members of the Labor Attorney General's Office, complying with the provisions of Article 92;
  3. group judges indicated in lists with three names by the boards of the federations and labor unions with their territorial base in the region.

Article 116: Conciliation and Judgement

0. A Conciliation and Judgement Commission shall be formed by one labor judge, who presides over it, and two temporary group judges representing the workers and the employers.

1. The temporary group judges of the Conciliation and Judgment Commission are appointed by the President of the Regional Labor Court, according to the law, and one reappointment is permitted.

Article 117: Term of Temporary Judges

0. The term of office of the temporary judges in all instances is three years.

1. The temporary group judges have alternates.

Section VI Electoral Courts and Electoral Judges

Article 118: Electoral Court Bodies

The following are bodies of the Electoral Courts:
  1. the Superior Electoral Court;
  2. the Regional Electoral Courts;
  3. the Electoral Boards.

Article 119: Membership

0. The Superior Electoral Courts is formed by at least seven members chosen:

  1. through election, by secret ballot:
    • three judges among the Justices of the Federal Supreme Court;
    • two judges among the Justices of the Superior Court of Justice;
  2. by appointment of the President of the Republic, two judges among six lawyers of notorious legal knowledge and good moral repute, indicated by the Federal Supreme Court.

1. The Superior Electoral Court shall select its Chief Justice and Deputy Chief Justice from the Justices of the Federal Supreme Court, and the Electoral Inspector General from the Justices of the Superior Court of Justice.

Article 120: Regional Courts

0. There has to be a Regional Electoral Court in the Capital of each State and in the Federal District.

1. The Regional Electoral Courts is formed:
  1. through election, by secret ballot:
    • by two judges among the justices of the Court of Appeals;
    • by two judges, among court judges, chosen by the Court of Appeals;
  2. by one judge of the Federal Regional Court with its seat in the Capital of the State or in the Federal District, or, in the absence thereof, by a federal judge chosen in any case by the respective Federal Regional Court;
  3. by appointment by the President of the Republic of two judges among six lawyers or notorious legal knowledge and good moral repute, indicated by the Court of Appeals.
2. The Regional Electoral Court shall elect its Chief Justice and Deputy Chief Justice among the justices.

Article 121: Powers, Functions, Organization

0. A supplement law provides for the organization and jurisdiction of the electoral courts, judges and boards.

1. The members of the courts, the judges and the members of the electoral boards, while in office and to the extent applicable to them, enjoy full guarantees and are irremovable.

2. The judges of the electoral courts, save for a justified reason, serve for two years at least and never for more than two consecutive two year periods, and their substitutes are chosen at the same time and through the same procedure, in equal numbers for each category.

3. The decisions of the Superior Electoral Court are unappealable, with the exception of those which contravene this Constitution and those denying habeas corpus or a writ of mandamus.

4. Decisions of the Regional Electoral Courts may only be appealed when:
  1. they are rendered against an express provision of this Constitution or of a law;
  2. there is a divergence in the interpretation of a law among two or more electoral courts;
  3. they deal with the ineligibility or issuance of certificates of election in federal or state elections;
  4. they annul certificates of election or decree loss of federal or state elective offices; V. they deny habeas corpus, writs of mandamus, habeas data or writs of injunction.
Section VII Military Courts and Military Judges

Article 122: Bodies

The following are bodies of the Military Courts:

  1. the Superior Military Court;
  2. the Military Courts and Judges instituted by law.

Article 123: Superior Military Court

0. The Superior Military Court is formed by fifteen life tenured Justices appointed by the President of the Republic after approval of their indication by the Federal Senate, three of which among admirals of the Navy, four among generals of the Army, three among generals of the Air Force, all of them in active service and in the highest rank of their career, and five among civilians.

1. The civilian Justices are chosen by the President of the Republic among Brazilians over thirty-five years of age, of which:
  1. three among lawyers of notorious legal knowledge and unblemished conduct, with over ten years of actual professional activity;
  2. two, by equal choice, among military judges and members of the Military Attorney General's Office.

Article 124: Functions

0. It shall be incumbent upon the Military Courts to process and adjudicate the military crimes defined by law.

1. The law provides for the organization, operation, and jurisdiction of the Military Courts.

Section VIII Courts and Judges of the States

Article 125: Guidelines

0. The States organize their Courts, observing the principles established in this Constitution.

1. The jurisdiction of the courts is defined in the Constitution of the State, and the law of judicial organization is the initiative of the Court of Appeals.

2. It is incumbent upon the States to institute actions of unconstitutionality of state or municipal laws or normative acts in view of the State Constitution, and it is forbidden to ascribe standing to act to only one simple body.

3. By proposal of the Court of Appeals, a state law may create state Military Courts, which are formed at first instance by the Councils of Justice and at second instance by the Court of Appeals itself or by a Military Court of Appeals in those States in which the state troops are more than twenty thousand members.

4. It is incumbent upon the state Military Courts to process and try members of the state troops and of the military fire brigade for the military crimes defined by law, and it is incumbent upon the appropriate court to decide on the loss of post and rank of officers and of the grade of servicemen.

Article 126: Rural Propriety Deputies

0. For resolving conflicts relating to rural property, the Court of Appeals designates special level judges with exclusive jurisdiction for agrarian matters.

1. Whenever required for efficient jurisdictional service, the judges go personally to the site of the conflict.

Chapter IV Functions Essential to Justice

Section I Attorney General's Office

Article 127: Attorney General's Office

0. The Attorney General's Office is a permanent institution, essential to the jurisdiction function of the State, and it is incumbent upon it to defend the juridical order, the democratic regime and in disposable social and individual interests.

1. Unity, indivisibility, and functions independence are institutional principles of the Attorney General's Office.

2. The Attorney General's Office is assured of functional and administrative autonomy, and it may, with due regard for the provisions of Article 169, propose to the Legislative the creation and extinction of its offices and ancillary services, filling them through a public competitive examination of tests or of tests and titles; the law shall provide for its organization and operation.

3. The Attorney General's Office draws up its budgetary proposal within the limits established in the budget directives law.

Article 128: Composition

0. The Attorney General's Office includes:

  1. the Attorney General's Office of the Republic, which comprises:
    • the Federal Attorney General's Office;
    • the Labor Attorney General's Office;
    • the Military Attorney General's Office';
    • the Attorney General's Office of the Federal District and of the Territories;
  2. the Attorney General's Offices of the States.

1. The head of the Attorney General's Office of the Republic is the Attorney General of the Republic, appointed by the President of the Republic among career members over thirty-five years of age, after approval of his name by an absolute majority of the members of the Federal Senate, for a term of office of two years, re-appointment being permitted.

2. Removal of the Attorney General of the Republic from office, on the initiative of the President of the Republic, is subject to prior authorization by an absolute majority of the Federal Senate.

3. The Attorney General's Office of the State and of the Federal District and of the Territories form a list of three names from career members, as set forth in the respective law, for the choice of their Attorney General, who is appointed by the Head of the Executive Branch for a term of office of two years, re-appointment being permitted.

4. The Attorneys General of the States and of the Federal District and the Territories may be removed from office by a resolution of an absolute majority of the Legislative Branch, as set forth in the respective supplement law.

5. Supplement laws of the Republic and of the States, which may be proposed by the respective Attorney General, shall establish the organization, the duties, and the bylaws of each Attorney General's Office, observing, as regards their members:
  1. the following guarantees:
    • life tenure, after two years in office, and loss of office only by a final and unappealable court decision;
    • irremovability, except by reason of public interest, through a decision of the appropriate collegiate body of the Attorney General's Office, by the vote of two thirds of its members, ensuring ample defense;
    • irreducibility of earnings, observing, with respect to compensation, the provisions of Articles 37 XI, 150 II, 153 III, 153 (2). I;
  2. the following prohibitions:
    • receiving, on any account and under any pretence, fees, percentages or court costs;
    • having a law practice;
    • participating in a commercial company, in accordance with the law;
    • performing, even when suspended from office, any other public function, except for teaching;
    • carrying out political party activities,
    • save for the exceptions set forth in the law.

Article 129: Functions

0. The following are institutional functions of the Attorney General's Office;
  1. to institute, with exclusivity, public criminal action, as set forth in the law;
  2. to ensure effective respect by the Government Branches and by the services of public relevance for the rights ensured under this Constitution, taking the action required to guarantee such rights;
  3. to institute civil investigation and public civil action to protect public and social property, the environment, and other
  4. diffuse and collective interests;
  5. to institute unconstitutionality action or suit for purpose of intervention by the Republic and by the States, in the cases set forth in this Constitution;
  6. to defend in court the rights and interest of the Indian populations;
  7. to issue notices in administrative procedures under its jurisdiction, requesting information and documents to support same according to the respective supplemental law;
  8. to exercise external control over police activities, according to the supplemental law mentioned in the preceding article;
  9. to request investigation procedures and the institution of police investigations, indicating the legal grounds of its procedural acts;
  10. to perform other functions which may be conferred upon it, provided that they are compatible with its objectives, with the prohibition of judicial representation and legal consultancy for public entities.
1. The standing of the Attorney General's Office to institute the civil actions set forth in this article does not preclude the standing of third parties in the same cases, according to the provisions of this Constituting and of the law.

2. The functions of the Attorney General's Office may only be performed by career members, who must reside in the judicial district of their respective assignment.

3. Admission into the career take place by means of a public competitive examination of tests and titles, ensuring participation of the Brazilian Bar in such examination and observing, for appointment, the order of classification.

4. The provisions of Article 93 II and VI apply to the Attorney General's Office, where appropriate.

Article 130: Application for Audit Courts

The provisions of this section regarding rights, prohibitions, and form of investiture apply to members of the Attorney General's Office before the Audit Courts.

Section II Advocacy General of the Republic

Article 131: Advocacy General of the Union

0. The Advocacy General of the Union is the institution which, either directly or through a connected body, represents the Republic in and out of Court, and it is responsible, according to the supplemental law which provides for its organization and operation, for the activities of legal consultancy and assistance to the Executive.

1. The head of the Advocacy General of the Union is the Advocate General of the Union, freely appointed by the President of the Republic among citizens over thirty-five years of age, of notorious legal knowledge and unblemished reputation.

2. Admission into the initial classes of the careers of the institution dealt with in this article takes place through a public competitive examination of tests and titles.

3. In execution of tax debts owed by the Republic, the Republic is represented by the Office of the Procurator General of the National Treasury, with due regard for the provisions of the law.

Article 132: States

The Attorney of the States and of the Federal District perform judicial representation and legal counselling for their respective federated units, organized into a career, admission into which depends on a public competitive examination of tests and titles, with due regard for the provisions of Article 135.

Section III Advocacy and Public Defender's Office

Article 133: Lawyers

The lawyer is indispensable to the administration of justice, and he is inviolable for his acts and statements in the practice of his profession, within the limits of the law.

Article 134: Public Defender's Office

0. The Public Defender's Office is an institution essential to the State's jurisdictional function and responsible for legal advice to and defense of the needy at all instances, set forth in Article 5 LXXIV.

1. A supplemental law organizes the Public Defender's Office of the Republic and of the Federal District and of the Territories, and prescribes general rules for its organization in the States, into career offices, filed, in the initial level, through a public competitive examination of tests and titles, ensuring its members guaranteed irremovability and prohibiting the practice of law outside their institutional duties.

Article 135: Submission to Principles

The careers regulated under this Title are subject to the principles of Articles 37 XII and 39.