Social Order

Title VIII Social Order

Chapter I General Provision

Article 193: Work, Social Justice

The social order is founded on the primacy of work and aimed at social well-being and justice.

Chapter II Social Security

Section I General Provision

Article 194: Social Security and Assistance

0. Social security comprises an integrated set of initiatives by the Branches of Government and by Society, aimed at ensuring the rights to health, social security, and social assistance.

1. It is incumbent upon the Government, pursuant to the law, to organize social security based on the following objectives:
  1. universality of coverage and service;
  2. uniformity and equivalence of benefits and services for urban and rural populations;
  3. selectivity and distributivity in the provision of benefits and services;
  4. irreducibility of the value of the benefits;
  5. diversity of financing basis;
  6. democratic and decentralized character of administrative management, with the participation of the community and particularly of workers, businessmen and the retired.
Article 195: Financial System

0. Social security is financed by all of society, either directly of indirectly, pursuant to the law, with funds derived from the budgets of the Republic, States, Federal District, and Municipalities and from the following social contributions:
  1. by employers, assessed on the payroll, billings, and profits;
  2. by workers;
  3. on revenues from prognostic lotteries.
1. The revenues of the States, Federal District, and Municipalities intended for social security shall be included in the respective budgets and shall not be part of the federal budget.

2. The proposal for the social security budget shall be prepared jointly by the health, social security, and social assistance agencies, taking into account the targets and priorities set forth in the budget directives law, ensuring each area the management of its funds.

3. A legal entity indebted to the social security system, as foreseen in the law, may not contract with the Government nor receive benefits or fiscal or credit incentives from the Government.

4. The law may institute other sources in order to ensure maintenance or expansion of social security, with due regard for the provisions of Article 154 I.

5. No social security benefit or service may be created, increased, or extended without having a corresponding source of full funding.

6. The social contributions mentioned in this article may only be charged ninety days after the publication of the law which instituted or modified them, and the provisions of Article 150 III b. shall not apply thereto.

7. Social assistance charity institutions, which meet the requirements set forth in the law, are exempted from contribution to social security.

8. Rural producers, partners, half and half sharecroppers and tenant farmers, mineral prospectors, and miners and unqualified fishermen, as well as their respective spouses, contribute to social security by applying a rate to the proceeds from the sale of their production and are entitled to the benefits pursuant to the law.

Section II Health

Article 196: Health, Right of Assistance

Health is the right of all persons and the duty of the State and is guaranteed by means of social and economic policies aimed at reducing the risk of illness and other hazards and at universal and equal access to all actions and services for the promotion, protection and recovery of health.

Article 197: Public System, Private Nets

Health actions and services are of public relevance and it is incumbent upon the Government to provide, pursuant to the law, for their regulation, supervision and control. Such actions and services are to be carried out directly or through third parties and also by means of individuals or legal entities of private law.

Article 198: Public Healthcare Guidelines

0. Public health actions and services are part of a regionalized and hierarchical network and constitute a single system organized according to the following guidelines:
  1. decentralization with a single management in each government sphere;
  2. full service, priority being given to preventive activities, without prejudice to assistance services;
  3. participation of the community;
1. The single health system is financed, pursuant to Article 195, with funds from the social security budget of the Republic, the States, the Federal District, and the Municipalities, in addition to other sources.

Article 199: Private Enterprise

0. Health assistance is open to private enterprise.

1. Private institutions may participate on a supplementary basis in the single health system, according to guideline set forth by the latter, by means of public law contracts or agreements, preference being given to philanthropic and non-profit entities.

2. The allocation of public funds to aid or subsidize private profit seeking institutions is forbidden.

3. Direct or indirect participation of foreign companies or capital in Brazil's health assistance is forbidden, except in the cases foreseen in the law.

4. The law establishes the conditions and requirements to allow the removal of human organs, tissues, and substances intended for transplantation, research, and treatment, as well as the collection, processing, and transfusion of blood ant its by products, all kinds of sale being forbidden.

Article 200: Single Health System

The single health system shall, in addition to other duties pursuant to the law;
  1. control and supervise procedures, products and substances of interest to health and participate in the production of drugs, equipment, immunobiological products, hemoproducts, and other inputs;
  2. carry out sanitary and epidemiological supervision actions and those concerning the health of workers;
  3. organize the training of human resources in the health area;
  4. participate in the formulation of the policy and execution of action of basic sanitation;
  5. foster scientific and technological development in its sphere of action;
  6. inspect and supervise foodstuffs and control their nutritional contents, as well drinks and water for human consumption;
  7. participate in the control and inspection of production, transportation, storage, and use of psychoactive, toxic, and radioactive substance and products;
  8. cooperate in the preservation of the environment, including that of the work place.
Section III Social Benefits

Article 201: Social Security Plans

0. The social security plans shall, upon contribution, pursuant to the law, provide:
  1. coverage for the events of illness, disability, death, including those resulting from work accidents, old age, and confinement;
  2. aid for the support of the dependents of low income insured;
  3. protection for maternity, especially for pregnant women;
  4. protection for workers who are involuntarily unemployed;
  5. pension for death of an insured man or woman, for the spouse or companion and dependents, with due regard for the provisions of 202 (5).
1. Any person may receive social security benefits upon contribution according to the social security plans.

2. Adjustment of the benefits is ensured so as to permanently maintain their real value, according to criteria defined in the law.

3. All contribution salaries taken into account in the calculation of a benefit shall suffer monetary correction.

4. The amounts habitually earned by an employee on any account shall be incorporated into his or her salary for purposes of social security contribution and consequent effects on benefits, in cases established in and according to the law.

5. No benefit which replaces the contribution salary or work earnings of the insured shall have a monthly value lower than the minimum wage.

6. The Christmas bonus for the retired and pensioners shall be based on the amount of earnings in the month of December of each year.

7. Social security shall maintain supplementary and optional collective insurance funded by additional contributions.

8. Any subsidy or aid by the Government to private profit seeking pension entities is forbidden.

Article 202: Retirement, Welfare Benefit

0. Retirement is ensured pursuant to the law, the benefit being calculated on the average of the last thirty-six contribution salaries, monetarily corrected month by month and upon evidence that the adjustments to the contribution salaries to maintain their real values were regular and upon satisfaction of the following conditions:
  1. at sixty-five years of age for men and sixty years for women, this age limit being reduced by five years for rural workers of both sexes and for those who carry out their activities with their family, these including rural producers, mineral prospectors, and miners and unqualified fishermen;
  2. after thirty-five years of work for men and after thirty years for women, or sooner if subject to work under special conditions, which are detrimental to the health or physical integrity, as defined in the law;
  3. after thirty years for male teachers and after twenty-five years for female teachers, for actual performance of a teaching function.
1. Proportional retirement is allowed after thirty years of work for men and twenty five for women.

2. For retirement purposes, reciprocal computation is ensured of the period of contribution in the public administration and in

3. private rural and urban activity, in which case the various social security systems shall be financially compensated, according to criteria determined in the law.

Section IV Social Assistance

Article 203: Social Assistance

Social assistance shall be rendered to whomever may need it, regardless of contribution to social security, and shall have the following objectives:
  1. to protect the family, maternity, childhood, adolescence, and old age;
  2. to assist needy children and adolescents;
  3. to promote integration into the employment market;
  4. to habilitate and rehabilitate the handicapped and provide for their integration into the community;
  5. to guarantee a monthly benefit of one minimum wage to the handicapped and the elderly who prove that they are incapable of providing for their own support or to have their family provide for their support, as established in the law.
Article 204: Government Action

Government action in the area of social assistance shall be carried out with funds from the social security budget set forth in Article 195, in addition to other sources, and shall be organized on the basis of the following guidelines:

  1. political and administrative decentralization, the coordination and general rules being within the federal sphere, and the coordination and execution of respective programs being with the state and municipal spheres, as well as charity and social assistance entities;
  2. participation of the population, by means of class organizations, in the formulation of policies and in the control of actions taken at all levels.

Chapter III Education, Culture, and Sports

Section I Education

Article 205: Education, Duty and Right

Education, which is the right of all persons and the duty of the State and of the family, shall be promoted and encouraged with the cooperation of society, aiming at full development of the individual, his or her preparation to exercise citizenship, and his or her qualification for work.

Article 206: Fundamental Principles

Education shall be provided on the basis of the following principles:
  1. equal conditions for access to and remaining in school;
  2. freedom to learn, teach, research, and express thoughts, art, and knowledge;
  3. pluralism of ideas and of pedagogical concepts and coexistence of public and private teaching institutions;
  4. free public education in official schools;
  5. appreciation of teaching professionals, guaranteeing, pursuant to the law, a career plan for public teachers, with a professional minimum salary and admittance exclusively by means of a public competitive examination of tests and titles, and ensuring s single legal regime for all institutions maintained by the Republic;
  6. democratic administration of public education, pursuant to the law;
  7. guarantee of good quality.

Article 207: Universities, Autonomy

Universities enjoy didactic, scientific, administrative, and financial and equity management autonomy and shall comply with the principle of indivisibility of teaching, research, and extension.

Article 208: State Duty

0. The State's duty concerning education shall be discharged by ensuring the following:
  1. compulsory and free elementary education, including for those who did not have access to school at the proper age;
  2. progressive extension of compulsory and free education to secondary school;
  3. special classes for the handicapped, preferably in the ordinary school network;
  4. assistance to children of zero to six years of age in day care centers and pre schools;
  5. access to higher levels of education, research, and artistic creation according to individual capacity;
  6. provision of regular night courses adequate to the student's conditions;
  7. assistance to elementary school students through supplementary programs providing school supplies and material, transportation, food, and health assistance.
1. Access to compulsory and free education is a subjective public right.

2. The proper authority are liable for the Government's failure to provide compulsory education or providing it irregularly.

3. It is incumbent upon the Government to conducts a census of elementary school students, to call them for enrollment and see, jointly with their parents or guardians, that they attend school.

Article 209: Private enterprises allowed

Teaching is open to private enterprise, provided that the following conditions are met:
  1. compliance with the general rules of Brazilian education;
  2. authorization and assessment of quality by the Government.

Article 210: Elementary and Basic Curricula

0. Minimum curricula shall be established for elementary school in order to ensure a common basic education and respect for national and regional cultural and artistic values.

1. Religious education is optional and shall be given during the regular school hours of public elementary schools.

2. Regular elementary education shall be given in the Portuguese language, the Indian communities also being ensured the use of their native languages and specific learning procedures.

Article 211: Education Systems

0. The Republic, the States, the Federal District, and the Municipalities cooperate in the organization of their educational systems.

1. The Republic organizes and finances the federal educational system and that of the Territories and renders technical and financial assistance to the States, to the Federal District, and to the Municipalities for the development of their education systems and provision of compulsory schooling on a priority basis.

2. Municipalities act on a priority basis in elementary and pre-school education.

Article 212: Budget

0. The Republic shall each year apply not less than eighteen percent, and the States, the Federal District, and the Municipalities at least twenty-five percent of the tax revenues, including revenues resulting from transfers, in the maintenance and development of education.

1. The share of tax revenues transferred from the Republic to the States, Federal District, and Municipalities or from the States to the respective Municipalities shall not be considered, for purposes of the calculation provided for in this article, as revenues of the government making such transfers.

2. For purposes of complying with the main provision of this article, the federal, state, and municipal education systems and the funds employed pursuant to Article 213 shall be taken into consideration.

3. In the distribution of public funds, priority shall be given to meeting the needs of compulsory education pursuant to the national education plan.

4. The supplementary food and health assistance programs foreseen in Article 208 VII shall be financed with funds derived from social contributions and other budgetary funds.

5. An additional source of funds for public elementary education shall be the education salary contribution paid, pursuant to the law, by companies, which may deduct from it the funds invested in elementary education for their employees and dependents.

Article 213: Public Funds

0. Public funds are allocated to public schools, and may be channelled to community, religious, or philanthropic schools, as defined in the law, which:
  1. prove that they do not seek a profit and invest their surplus funds in education;
  2. ensure that their equity is assigned to another community, philanthropic, or religious school or to the Government in the event they cease their activities.
1. The funds referred to in this article may be allocated to elementary and secondary school scholarships, pursuant to the law, for those who prove that they do not have sufficient funds, whenever there are not vacancies or regular courses in the public school system of the place where the student lives, the Government being required to invest, on a priority basis, in the expansion of its network in that place.

2. Research and extension activities at university level may receive financial support from the Government.

Article 214: National Plan

The law shall lay down the pluriannual national education plan aimed at coordination and development of education at its various levels and at integration of Government action leading to:
  1. eradication of illiteracy;
  2. universalism of school assistance;
  3. improvement of teaching quality;
  4. professional training;
  5. humanistic, scientific and technological development if Brazil.
Section II Culture

Article 215: Culture, Right to access

0. The State ensures a person full exercise of their cultural rights and access to sources of national culture and supports and encourages the appreciation and diffusion of cultural manifestations.

1. The State protects manifestations of popular, Indian, and Afro-Brazilian cultures and those of other groups participating in the Brazilian civilization process.

2. The law rules the determination of highly significant commemorative dates for the various national ethnic segments.

Article 216: Cultural Heritage

0. The Brazilian cultural heritage consists of assets of material and immaterial nature, considered either individually or as a whole, which bear reference to the identity, action, and memory of the various groups of Brazilian society, which include:
  1. forms of expression;
  2. forms of creating, doing, and living;
  3. scientific, artistic, and technological creations;
  4. works, objects, documents, constructions, and other spaces intended for artistic and cultural manifestations;
  5. urban complexes and sites of historical, natural, artistic, archaeological, paleontological, ecological, and scientific value.
1. The Government shall, with the community's cooperation, promote and protect Brazilian cultural heritage by means of inventories, records, surveillance, monument decrees, expropriation, and other forms of precaution and preservation.

2. It is incumbent upon the Government, pursuant to the law, to take care of governmental documents and to take action to make them available for consultation by whomever may need to do so.

3. The law shall establish incentives for the production and knowledge of cultural assets and values.

4. Damages and threats to cultural heritage shall be punished according to the law.

5. All documents and sites bearing historical reminiscences of the old "quilombos" (hiding place of fugitive black slaves) are preserved as historical assets and monuments.

Section III Sports

Article 217: Sports, Practice, Associations

0. It is the duty of the State to foster the practice of formal and informal sports, as each individual's right, with due regard for:
  1. the autonomy of controlling sports entities and associations as to their organization and operation;
  2. the allocation of public funds in order to promote, on a priority basis, educational sports and, in specific cases, high income sports;
  3. differentiated treatment for professional and non-professional sports;
  4. the protection and encouragement of national sports events.
1. The Judiciary only hears legal actions related to sports discipline and competitions after the instances of the sports courts, as regulated by the law, have been exhausted.

2. The sports court renders final judgment within at most sixty days as from the date of filing of the action.

3. The Government shall encourage leisure as a means of social promotion.

Chapter IV Science and Technology

Article 218: Science and Technology

0. The State promotes and encourages scientific development, research, and technological expertise.

1. Basic scientific research receive preferential treatment from the State, taking into consideration the public good and the progress of science.

2. Technological research shall be addressed mainly towards the solution of Brazilian problems and to the development of the national and regional productive system.

3. The State supports human resources training in the fields of science, research, and technology and affords special working means and conditions to those engaged in such activities.

4. The law supports and encourages companies which invest in research, in creation of technology appropriate for Brazil, and in training and improvement of their human resources and which adopt compensation systems which ensure employees a share of the economic earnings resulting from the productivity of their work, apart from their salary.

5. The States and the Federal District may allocate part of their budgetary revenues to public entities that foster education and scientific and technological research.

Article 219: Autonomy

The domestic market is part of the national wealth and shall be encouraged so as to permit cultural and social and economic development, well being of the people and technological autonomy of Brazil, pursuant to a federal law.

Chapter V Social Communication

Article 220: Freedom of Communication ways

0. Expression of thought, creation, speech, and information, in any of their forms, processes or media, shall not be subject to any restriction, with due regard for the provisions of this Constitution.

1. No law shall contain any provision which may represent an impediment to full freedom of press information in any social communication medium, with due regard for the provisions of Article 5 IV, V, X, XII, and XIV.

2. Any and all censorship of a political, ideological, and artistic nature shall be forbidden.

3. Federal law shall:
  1. regulate public entertainments and shows, it being incumbent upon the Government to advise about their nature, the age limits they are not recommended for, and places and times unsuitable for exhibition;
  2. determine the legal remedies which afford individuals and families the possibility of defending themselves against radio and television programs or schedules which contravene the provisions of Article 221, as well as against publicity of products, practices, and services which may be harmful to the health and environment.
4. Commercial advertising of tobacco, alcoholic beverages, pesticides, medicines, and therapies shall be subject to legal restrictions pursuant to Item II of the preceding paragraph and shall contain, whenever necessary, a warning concerning the damages caused by the use thereof.

5. Social communication media may not, directly or indirectly, be subject to monopoly or oligopoly.

6. The publication of printed communication media shall not require any official license.

Article 221: Principles

The production and programming of radio stations and television channels shall comply with the following principles:
  1. preference to educational, artistic, cultural, and information purposes;
  2. promotion of national and regional culture and encouragement of any independent production aimed at diffusion thereof;
  3. regional characters of cultural, artistic, and journalistic production according to percentages established in the law;
  4. respect for the ethical and social values of the individual and of the family.
Article 222: Broadcasting

0. Newspaper and sound and image broadcasting companies shall be owned exclusively by native Brazilians or those naturalized for more than ten years, who shall be responsible for the management and intellectual guidance thereof.

1. Legal entities shall not participate in the capital stock of journalistic or radio broadcasting companies, except for political parties and for corporations, the capital of which is exclusively and nominally owned by Brazilians.

2. The participation referred to in the preceding paragraph may only take place through non-voting capital and shall not exceed thirty percent of the capital stock.

Article 223: Executive Branch

0. It is incumbent upon the Executive Branch to grant and renew concessions, permissions, and authorization for radio broadcasting and sound and image broadcasting services, with due regard for the principle of supplementation of private, public and state systems.

1. Congress shall examine such act within the time limit set forth in Article 64 2. and 4. as from the date of receipt of the message.

2. Non renewal of a concession or permission shall depend upon approval by at least two fifths of Congress in an open ballot.

3. The act of granting or renewal shall only be legally effective after approval by Congress pursuant to the preceding paragraphs.

4. Cancellation of a concession or permission prior to its expiry date shall depend upon a court decision.

5. The term of a concession or permission shall be ten years for radio stations and fifteen years for television channels,

Article 224: Agency

For the purposes of the provisions contained in this chapter, Congress shall institute, as its ancillary agency, the Social Communication Council pursuant to the law.

Chapter VI Environment

Article 225: Environmental Protection

0. All persons are entitled to an ecologically balanced environment, which is an asset for the people's common use and is essential to healthy life, it being the duty of the Government and of the community to defend and preserve it for present and future generations.
1. In order to ensure the effectiveness of this right, it is incumbent upon the Government to:
  1. preserve and restore essential ecological processes and provide ecological handling of the species and ecosystems;
  2. preserve the variety and integrity of Brazil's genetic wealth and supervise entities engaged in research and handling of genetic material;
  3. determine, in all units of the Federation, territorial spaces and components which are to receive special protection, any alteration and suppression only being allowed by means of a law, and any use which adversely affects the integrity of the attributes which justify their protection being forbidden;
  4. demand, according to the law, for the installation of works or activities which may cause significant degradation of the environment, a prior environment impact study, which shall be made public;
  5. control the production, marketing, and use of techniques, methods, and substances which represent a risk to life, to the quality of life, and to the environment;
  6. promote environmental education at all school levels and public awareness of the need to preserve the environment;
  7. protect the fauna and the flora, all practices which jeopardize their ecological function, cause the extinction of species or subject animals to cruelty being forbidden according to the law.
2. Those who explore mineral resources shall be required to restore the degraded environment according to the technical solution required by the proper government agency, according to the law.

3. Conduct and activities considered harmful to the environment shall subject the individual or corporate wrongdoers to penal and administrative sanctions, in addition to the obligation to repair the damages caused.

4. The Brazilian Amazon Forest, the Atlantic Woodlands, the "Serra do Mar", the "Pantanal Mato Grossense" and the Coastline are part of the national wealth, and they shall be used, according to the law, under conditions which ensure preservation of the environment, including the use of natural resources.

5. Vacant governmental lands or lands seized by the States through discriminatory actions, which are necessary to protect natural ecosystems, are inalienable.

6. Power plants operated by nuclear reactor shall have their location defined in a federal law and may otherwise not be installed.

Chapter VII Family, Children, Adolescents, and Elderly

Article 226: Family

0. The family, the foundation of society, enjoys special protection from the state.

1. Marriage is civil and the marriage ceremony is free of charge.

2. Church marriage has civil effects according to the law.

3. For purposes of State protection, a stable union between a man and a woman as a family unit shall be recognized and the law shall facilitate conversion of such unions into marriage.

4. The community formed by any parent and his/her descendants is also considered a family unit.

5. The rights and duties of matrimonial society shall be exercised equally by men and women.

6. Civil marriage may be dissolved by divorce, after legal separation for more than one year in the cases foreseen in the law, or after "de facto" separation for more than two years.

7. Based upon the principles of human dignity and responsible parenthood, family planning is a free option of the couple, it being incumbent upon the State to provide educational and scientific resources for the exercise of such right and any coercion on the part of official or private institutions being forbidden.

8. The State shall ensure assistance the family in the person of each of its members and shall create mechanisms to suppress violence in family relationships.

Article 227: Children and Teenagers

0. It is the duty of the family, of society, and of the State to ensure children and adolescents, with absolute priority, the right to life, health, food, education, leisure, professional training, culture, dignity, respect, freedom, and family and community life, in addition to safe guarding them against all forms of negligence, discrimination, exploitation, violence, cruelty, and oppression.

1. The State shall provide full health assistance programs for children and adolescents, allowing the participation of non-governmental entities and complying with the following precepts:
  1. allocation of a percentage of public funds to mother and child health assistance;
  2. creation of preventive and specialized care programs for the physically, sensorially, or mentally handicapped, a well as programs for the social integration of the handicapped adolescent by means of training for a profession and communal life, and providing of access to public facilities and services by eliminating prejudices and architectonic obstacles.
2. The law shall provide standards for the construction of public sites and buildings and the manufacturing of public transportation vehicles so as to ensure appropriate access to the handicapped.

3. The right to special protection shall encompass the following aspects:
  1. minimum age of fourteen years to be admitted to work, with due regard for the provisions of Article 7 XXXIII;
  2. guarantee of social security and labor rights;
  3. guarantee of access to school for the adolescent worker;
  4. guarantee of full and formal knowledge of the determination of an offense, equal rights in procedural relationships and technical defense by a qualified professional, according to the provisions of specific protection legislation;
  5. compliance with the principles of brevity, exceptionality, and respect for the specific condition of developing individuals when applying any measure that restrains freedom;
  6. Government encouragement, through legal assistance, tax incentives and subsidies, according to the law, of the protection of orphaned or abandoned children or adolescents through guardianship;
  7. preventive and specialized treatment programs for children and adolescents addicted to narcotics and related drugs.
4. The law shall severely punish abuse, violence, and sexual exploitation of children and adolescents.

5. Adoption shall be assisted by the Government, according to the law, which shall determine the cases and conditions for adoption by foreigners.

6. Children born inside or outside wedlock or adopted shall have the same rights and qualifications and any discriminatory designation regarding their parents shall be forbidden.

7. In attending to the rights of children and adolescents, the provisions of Article 204 shall be taken into consideration.

Article 228: Liability of minors

Minors under eighteen years of age may not be held criminally liable, subject to the rules of special legislation.

Article 229: Duty of Parents

It is the duty of parents to assist, raise, and educate their minor children, and it is the duty of children of age to help and assist their parents in old age, need or sickness.

Article 230: Duty of Society, State, and Family

0. The family, society, and the State have the duty to assists the elderly, ensuring their participation in the community, defending their dignity and well being, and guaranteeing their right to life.

1. Assistance programs for the elderly shall be carried out preferable in their homes.

2. Those over sixty five years of age are guaranteed free urban public transportation.

Chapter VIII Indians

Article 231: Native Populations and Lands

0. Indians shall have their social organization, customs, languages, creeds, and traditions recognized, as well as their native rights to the lands they traditionally occupy, it being incumbent upon the Republic to demarcate them and protect and ensure respect for all their property.

1. Lands traditionally occupied by Indians are those on which they live on a permanent basis, those used for their productive activities, those which are indispensable to preserve the environmental resources required for their well being and those necessary for their physical and cultural reproduction, according to their sues, customs, and traditions.

2. The lands traditionally occupied by Indians are intended for their permanent possession, and they shall be entitled to exclusive use of the riches of the soil, rivers, and lakes existing thereon.

3. Hydric resources, including energy potential, may only be exploited and mineral riches in Indians lands may only be prospected and mined with the authorization of Congress, after hearing the communities involved, which shall be assured of participation in the mining results in accordance with the law.

4. The lands referred to in this article are inalienable and indisposable and the rights thereto are not subject to the statute of limitations.

5. It if forbidden to remove Indian groups from their lands except, "ad referendum" of Congress, in the event of epidemic which represents a risk for their population or in the interest of Brazilian sovereignty, after resolution by Congress, provided that immediate return as soon as the risk ceases shall be ensured under all circumstances.

6. Acts aiming at occupation, domain and possession of the lands referred to in this article, or at exploitation of the natural riches of the soil, rivers, and lakes existing thereon, are null and void and of no legal effect, except in the case of relevant public interest of the Republic, according to a supplemental act; such nullity and voidness shall not create a right to indemnity or to sue the Republic, except as to improvements derived from occupation in god faith in accordance with the law.

7. The provisions of Article 174 (3) and (4) shall not apply to Indian lands.

Article 232: Right of Indians

Indians, their communities, and organizations have standing to sue to defend their rights and interests, the Public Attorney's Office intervening in all the procedural acts.