General Constitution Provisions

Title IX General Constitution Provisions

Article 233: Duty of Employers

0. For the purposes of Article 7 XXXIX, the rural employers shall every five years produce evidence before the Labor Courts that they have performed their labor obligations toward rural employees, in the presence of the latter and of their union representatives.

1. Upon evidence that the obligations mentioned in this article have been performed, the employer shall be exempt from any encumbrances deriving from such obligations in the respective period. If the employee and his representative do not agree with the employer's evidence, the dispute shall be resolved by the Labor Courts.

2. The employee shall in any case have the right to claim in court the credits which he believes he is entitled to for the last five years.

3. The evidence mentioned in this article may be provided at intervals of less than five years, at the discretion of the employer.

Article 234: Forbidden to the Republic

It is forbidden for the Republic to assume, directly or indirectly, as a result of the creation of a State, burdens related to expenses with inactive personnel and with charges and repayments of domestic and foreign debts of the Government, including the indirect administration.

Article 235: New States special provision

During the first ten years after the creation of a State, the following basic rules shall be observed:
  1. the Legislative Assembly shall be made up of seventeen Representatives, if the population of the State is less than six hundred thousand inhabitants, and of twenty-four Representatives, if the population is equal to or exceeds that number, up to one million and five hundred thousand inhabitants;
  2. the Government may not have more than ten Departments;
  3. the Audit Court shall have three members appointed by the elected Governor from among Brazilians of proven good repute and notorious knowledge;
  4. the Higher Court of Justice shall have seven judges;
  5. the first judges shall be appointed by the elected Governor, chosen in the following manner:-
  • five of them from among judges with more than thirty-five years of age and acting within the are of a new State or of the State which gave origin to the new States;
  • two of them from among public prosecutors, under the same conditions, and attorneys of proven good repute and legal knowledge with at least ten years of professional practice, complying with the procedure set forth in the Constitution;
  1. in the case of a State which was originally a Federal Territory, the first five judges may be chosen from among law judges from any part of Brazil;
  2. in each Judicial District, the first Judge, the first Public Prosecutor, and the first Public Defender shall be appointed by the elected Governor after taking a public competitive examination of tests and titles;
  3. until the enactment of the State Constitution, the offices of State Attorney General, Advocate General, and Defender General shall be held by lawyers of notorious knowledge, with at least thirty-five years of age, appointed by the elected Governor and removable "ad nutum";
  4. if the new State results from the transformation of a Federal Territory, the transfer of financial charges from the Republic for payment of opting civil servants who belonged to the Federal Administration shall take place as follows:
  • in the sixth year after its creation, the State shall assume twenty percent of the financial charges in order to pay the civil servants, the remainder continuing as the liability of the Republic;
  • in the seventh year, thirty percent shall be added to the State's charges and, in the eighth year, the remaining fifty percent;
  1. the appointments made after the first appointments for the offices referred to in this article shall be regulated by the State Constitution;
  2. budgetary personnel expenses shall not exceed fifty percent of the State's revenues.
Article 236: Registration and Notes

0. Notary and registration services shall be provided by private entities, by Government delegation.

1. A law shall regulate the activities, discipline the civil and criminal liability of notaries, or registrars and of their agents, and shall define the supervision of their acts by the Judiciary.

2. A federal law shall establish the general rules for fixing the fees for the acts performed by notary and registration services.

3. The commissioning of a notary public and registrar shall depend on a public competitive examination of tests and titles and no office may remain vacant for more than six months without opening a public examination to fill or reallocate such office.

Article 237: Ministry of Finance, Trade

Supervision and control of foreign trade, which are essential to the defense of national interests, shall be exercised by the Ministry of Finance.

Article 238: Supplemental Law, Oil

The law shall organize the sale and resale of oil and carburetant alcohol fuels and of other fuels derived from renewable raw materials, with due regard for the principles of this Constitution.

Article 239: Change of old Acts

0. The revenues from contributions to the Social Integration Program created by Supplemental Act No. 7 of September 7, 1970 and to the Civil Servants Fund created by Supplemental Act No. 8 of December 3, 1970, shall, as from the enactment of this Constitution, as established by the law, fund the unemployment insurance program and the bonus referred to in Paragraph 3. of this article.

1. At least forty percent of the funds referred to in the main provision of this article shall be allocated to finance economic development programs, through the National Economic and Social Development Bank, with consideration criteria which preserve their value.

2. The accrued assets of the Social Integration Program and the Civil Servants Fund shall be preserved, maintaining the criteria for withdrawal in the situations set forth in specific laws, except for withdrawal by reason of marriage, the distribution of the revenues referred to in the main provision of this article for deposit in the individual accounts of participants being forbidden.

3. Employees who receive monthly compensation of up to two minimum wages from employers who contribute to the Social Integration Program or to the Civil Servants Fund are ensured annual payment of a minimum wage, which shall include the income on the individual accounts, in the case of those who already participated in such programs before the date of enactment of this Constitution.

4. Funding of the unemployment insurance program shall receive an additional contribution from any company in which employee turnover exceeds the average turnover rate of the sector, as established in the law.

Article 240: Exclusion Provision

The present compulsory contribution by employers on the payroll, which are intended for private social service and professional training entities linked to the labor union system, are excluded from the provisions of Article 195.

Article 241: Application of some principle

The principle of Article 39 corresponding to the careers regulated by Article 135 of this Constitution, shall apply to career police officers.

Article 242: Education Provisions

0. The principle or Article 206 IV does not apply to official educational institutions created by state or municipal law and in existence on the date of enactment of this Constitution and which are not totally or preponderantly maintained with public funds.

1. The teaching of Brazilian History shall take into account the contribution of the different cultures and ethnic groups to the formation of the Brazilian people.

2. The "Pedro II School" located in the city of Rio de Janeiro, shall be maintained in the federal sphere.

Article 243: Drug Plantations Dis appropriation

0. Land areas in any region of Brazil where illegal plantations of psychotropic plants are found shall be expropriated immediately and used specifically for the settlement of tenant farmers and for the plantation of food and medicinal products, with no indemnity to the owner and without prejudice to other sanctions set forth in the law.

1. Any and all good of economic value seized as a result of illegal traffic of narcotics and similar drugs shall be confiscated and reverted to the benefit of institutions and persons specialized in the treatment and recovery of addicts and in equipping and funding activities of supervision, control, prevention, and repression of drug traffic crime.

Article 244: Transportation

The law shall provide on the adaptation of public sites and buildings and of existing public transportation vehicles, in order to ensure adequate access to the handicapped, pursuant to the provisions of Article 227 (2).

Article 245: International Crimes

The law shall provide for the circumstances and conditions under which the Government shall give assistance to the needy heirs and dependents of victims of intentional crimes, without prejudice to the civil liability of the perpetrator of the offense.

Article 246: Prohibition of Provisional Measures

The adoption of any provisional measure for the regulation of any article of the Constitution the wording of which has been altered by means of an amendment enacted as of 1995 is forbidden.