CONSTITUTIONAL AMENDMENT NO. 1, 1992
Provides for the remuneration of State Deputies and City Councilmen.
The Directing Boards of the Chamber of Deputies and of the Federal Senate, under the terms of paragraph 3 of article 60, of the Federal Constitution, promulgate the following Amendment to the constitutional text:
ARTICLE 1.- Paragraph 2 of article 27 of the Constitution shall henceforth be in force with the following wording:
"ARTICLE 27...
Paragraph 2 - The remuneration of the State Deputies shall be established in each legislative term, for the subsequent one, by the Legislative Assembly, as provided by articles 150, II, 153, III, and 153, paragraph 2, I, in the proportion of seventy-five percent, at most, of the remuneration established, in legal tender, for the Federal Deputies...
ARTICLE 2.- The following items VI and VII are added to article 29 of the Constitution, the subsequent ones being renumbered:
"ARTICLE 29...
VI - the remuneration of the City Councilmen shall correspond, at the most, to seventy-five percent of the remuneration established, in legal tender, for the State Deputies, except for the provisions of article 37, XI;
VII - the total expenditure with the remuneration of the City Councilmen may not exceed the amount of five percent of the revenue of the Municipality;..."
ARTICLE 3.- This Constitutional Amendment shall come into force on the date of its publication.
Brasília, March 31, 1992.
THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Deputy Ibsen Pinheiro, President - Deputy Waldir Pires, Second Vice-President - Deputy Cunha Bueno, Third Secretary - Deputy Max Rosenmann, Fourth Secretary.
THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator Mauro Benevides, President - Senator Alexandre Costa, First Vice-President - Senator Carlos De'Carli, Second Vice-President - Senator Dirceu Carneiro, First Secretary -Senator Márcio Lacerda, Second Secretary - Senator Iram Saraiva, Fourth Secretary.
Official Journal, April 6, 1992.
ORIGINAL WORDING
Article 27:
"Paragraph 2 - The remuneration of the State Deputies shall be established in each legislative term, for the subsequent one, by the Legislative Assembly, as provided in articles 150, II, 153, III, and 153, paragraph 2, I."
Article 29:
VI to XII: original numbering of items VIII to XIV.
CONSTITUTIONAL AMENDMENT NO. 2, 1992
Provides for the plebiscite set forth in article 2 of the Temporary Constitutional Provisions Act.
The Directing Boards of the Chamber of Deputies and of the Federal Senate, under the terms of paragraph 3 of article 60, of the Federal Constitution, promulgate the following Amendment to the constitutional text:
SOLE ARTICLE.- The plebiscite mentioned in article 2 of the Temporary Constitutional Provisions Act shall be held on April 21, 1993.
Paragraph 1 - The form and system of government defined by the plebiscite shall become effective on January 1, 1995.
Paragraph 2 - The law may provide for the holding of the plebiscite, including provisions for the free divulgation, free of charge, of the forms and systems of government, through public utility mass communication vehicles, equal allotment of time and parity of scheduling being ensured.
Paragraph 3 - The rule set forth in the preceding paragraph does not preclude the competence of the Superior Electoral Court to issue instructions necessary to the holding of the plebiscite.
Brasília, August 25, 1992.
THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Deputy Ibsen Pinheiro, President - Deputy Genésio Bernardino, First Vice-President - Deputy Waldir Pires, Second Vice-President - Deputy Inocêncio Oliveira, First Secretary -Deputy Etevaldo Nogueira, Second Secretary - Deputy Cunha Bueno, Third Secretary - Deputy Max Rosenmann, Fourth Secretary.
THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator Mauro Benevides, President - Senator Alexandre Costa, First Vice-President - Senator Carlos De'Carli, Second Vice-President - Senator Dirceu Carneiro, First Secretary -Senator Márcio Lacerda, Second Secretary - Senator Rachid Saldanha Derzi, Third Secretary - Senator Iram Saraiva, Fourth Secretary. Official Journal, September 1, 1992.
CONSTITUTIONAL AMENDMENT NO. 3, 1993
The Directing Boards of the Chamber of Deputies and of the Federal Senate, under the terms of paragraph 3 of article 60, of the Federal Constitution, promulgate the following Amendment to the constitutional text:
ARTICLE 1.- The provisions of the Federal Constitution enumerated below shall henceforth be in force with the following alterations:
"Article 40...
Paragraph 6 - The retirement and pension benefits of the federal civil servants shall be financed by resources originating from the Union and from the contributions of the civil servants, under the terms of the law."
"Article 42...
Paragraph 10 - The provisions in article 40, paragraphs 4, 5, and 6 apply to the servicemen referred to in this article and to their pensioners..."
"Article 102...
I...
a) 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;
Paragraph 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.
Paragraph 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...
Paragraph 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."
"Article 150...
Paragraph 6 - Any subsidy or exemption, reduction of assessment basis, concession of presumed credit, amnesty or remission, related to taxes, fees or contributions, may only be granted by means of a specific federal, state or municipal law, which provides exclusively for the above-enumerated matters or the corresponding tax, fee or contribution, without prejudice to the provisions of article 155, paragraph 2, item XII, g.
Paragraph 7 - The law may impose upon the taxpayer the burden of the payment of a tax or contribution, whose taxable event will occur later, the immediate and preferential restitution of the amount paid being ensured, in case the presumed taxable event does not occur."
"Article 155. The states and the Federal District shall have the power to institute taxes on:
I - transfer by death and donation of any property or rights;
II - transactions relating to the circulation of goods and to the rendering of interstate and intermunicipal transportation services and services of communication, even when such transactions and renderings begin abroad;
III - ownership of automotive vehicles.
Paragraph 1 - The tax established in item I:...
Paragraph 2 - The tax established in item II shall observe the following:...
Paragraph 3 - With the exception of the taxes mentioned in item II of the caption of the present article, and article 153, I and II, no other tribute may be levied on transactions concerning electric energy, telecommunications services, petroleum by-products, fuels and minerals of the country."
"Article 156...
III - services of any nature not included in article 155, II, as defined in a supplementary law...
Paragraph 3 - As regards the tax established in item III, a supplementary law shall:
I - establish its maximum rates;
II - exclude exportations of services to other countries from levy of the said tax."
"Article 160...
Sole paragraph - The prohibition mentioned in the present article does not prevent the Union and the states from remitting the funds on condition of payment of their credits, including those of the autonomous government agencies."
"Article 167...
IV - to bind tax revenues to an agency, fund or expense, excepting the sharing of the proceeds from the collection of the taxes referred to in articles 158 and 159, the allocation of funds for the maintenance and development of education, as determined in article 212, and the granting of guarantees on credit transactions by advance of revenues, as established in article 165, paragraph 8, as well as in paragraph 4 of the present article;...
Paragraph 4 - It is permitted to bind proper revenues generated by the taxes referred to in articles 155 and 156, and the funds mentioned in articles 157, 158 and 159, I, a and b, to the granting of a guarantee or a counterguarantee to the Union, and to the payment of debits owed to the same."
*ARTICLE 2.- The Union may institute, under the terms of a supplementary law, effective until December 31, 1994, a tax on the transaction or transfer of securities and of credits and rights of a financial nature.
Paragraph 1. The rate of the tax mentioned in the present article shall not exceed twenty-five hundredths percent, and the Executive Power may reduce it or re-establish it, in whole or in part, under the conditions and limits set forth in law.
Paragraph 2 - Article 150, III, b, and VI, and the provisions of paragraph 5 of article 153 of this Constitution do not apply to the tax mentioned in the present article.
Paragraph 3 - The proceeds from the collection of the tax mentioned in the present article are not subject to any mode of sharing with another unit of the federation.
Paragraph 4 - Of the proceeds from the collection of the tax mentioned in the present article, twenty percent shall be assigned to the funding of low-income housing programs.
* Paragraph 4 revoked by article 2 of the Revision Constitutional Amendment no.
1/94.
ARTICLE 3.- The elimination of the tax additional to income tax, within the competence of the states, deriving from the present Constitutional Amendment, shall only become effective as of January 1, 1996, the corresponding rate being reduced to at least two and a half percent in the fiscal year of 1995.
ARTICLE 4.- The elimination of the tax on the retail sales of liquid and gaseous fuels, within the competence of the municipalities, deriving from the present Constitutional Amendment, shall only become effective as of January 1, 1996, the corresponding rate being reduced to at least one and a half percent in the fiscal year of 1995.
ARTICLE 5.- Until December 31, 1999, the states, the Federal District and the municipalities may only issue public debt bonds up to the amount necessary to refinance the principal, adequately updated, of its liabilities, represented by that type of bonds, with the exception of the provisions of article 33, sole paragraph, of the Temporary Constitutional Provisions Act.
ARTICLE 6.- Item IV and paragraph 4 of article 156 of the Federal Constitution are hereby revoked.
Brasília, March 17, 1993.
THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Deputy Inocêncio Oliveira, President - Deputy Adylson Motta, First Vice-President - Deputy Fernando Lyra, Second Vice-President - Deputy Wilson Campos, First Secretary - Deputy Cardoso Alves, Second Secretary - Deputy B. Sá, Fourth Secretary.
THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator Humberto Lucena, President - Senator Chagas Rodrigues, First Vice-President - Senator Levy Dias, Second Vice-President - Senator Júlio Campos, First Secretary - Senator Nabor Júnior, Second Secretary - Senator Júnia Marise, Third Secretary -Senator Nelson Wedekin, Fourth Secretary.
Official Journal, March 18, 1993.
ORIGINAL WORDING
Article 42:
"Paragraph 10 - The provisions in article 40, paragraphs 4 and 5, apply to the servicemen referred to in this article and to their pensioners."
Article 102, I:
"a) direct actions of unconstitutionality of a federal or state law or normative act."
"Sole paragraph - 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."
Article 150:
"Paragraph 6 - Any amnesty or remission concerning taxes or social security may only be granted by means of a specific federal, state or municipal law."
Article 155:
"Article 155. The states and the Federal District shall have the power to institute:
I - taxes on:
a) transfer by death and donation of any property or rights;
b) transactions relating to the circulation of goods and to the rendering of interstate and intermunicipal transportation services and services of communication, even when such transactions and renderings begin abroad;
c) ownership of automotive vehicles;
II - additional tax of up to five per cent of the tax paid to the Union by individuals or corporate bodies, domiciled in the respective territories, in the quality of the tax instituted in article 153, III, on capital profits, gains and income.
Paragraph 1 - The tax established in item I, a:"
"Paragraph 2 - The tax established in item I, b, shall observe the following:"
"Paragraph 3 - With the exception of the taxes mentioned in item I, b, of the caption of the present article, and articles 153, I and II, and 156, III, no other tribute shall be levied on transactions concerning electric energy, liquid and gaseous fuels, lubricants and minerals of the country."
Article 156:
"III - retail sales of liquid and gaseous fuels, except for diesel oil;
IV - services of any nature not included in article 155, I, b, as defined in a supplementary law."
"Paragraph 3 - The tax set forth in item III does not exclude the levy of the state tax set forth in article 155, I, b, on the same transaction.
Paragraph 4 - A supplementary law shall:
I - establish the maximum rates for the taxes set forth in items III and IV.
II - exclude exportations of services to other countries from levy of the tax set forth in item IV."
Article 160:
"Sole paragraph - This prohibition shall not prevent the Union from remitting the funds on condition of payment of its credits."
Article 167:
"IV - to bind tax revenues to an agency, fund or expense, excepting the sharing of the proceeds from the collection of the taxes referred to in articles 158 and 159, the allocation of funds for the maintenance and development of education, as determined in article 212, and the granting of guarantees on credit transactions by advance of revenues, as established in article 165, paragraph 8;"
CONSTITUTIONAL AMENDMENT NO. 4, 1993
Gives new wording to article 16 of the Federal Constitution.
The Directing Boards of the Chamber of Deputies and of the Federal Senate, under the terms of paragraph 3 of article 60 of the Federal Constitution, promulgate the following amendment to the constitutional text:
SOLE ARTICLE.- Article 16 of the Federal Constitution shall henceforth be in force with the following wording:
"Article 16. The law that alters the electoral procedure shall come into force on the date of its publication, and shall not apply to the elections that take place within one year of it being in force."
Brasília, September 14, 1993.
THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Deputy Inocêncio Oliveira, President - Deputy Wilson Campos, First Secretary - Deputy Cardoso Alves, Second Secretary - Deputy B. Sá, Fourth Secretary.
THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator Humberto Lucena, President - Senator Chagas Rodrigues, First Vice-President - Senator Levy Dias, Second Vice-President - Senator Júlio Campos, First Secretary - Senator Nabor Júnior, Second Secretary.
Official Journal, September 15, 1993.
ORIGINAL WORDING
Article 16:
"Article 16. The law altering the electoral procedure shall come into force only one year after it is promulgated."
CONSTITUTIONAL AMENDMENT NO. 5, 1995
Alters paragraph 2 of article 25 of the Federal Constitution.
The Directing Boards of the Chamber of Deputies and of the Federal Senate, under the terms of paragraph 3 of article 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:
SOLE ARTICLE.- Paragraph 2 of article 25 of the Federal Constitution shall henceforth be in force with the following wording:
"Article 25...
Paragraph 2 - The states shall have the power to operate, directly or by means of concession, the local services of piped gas, as provided for by law, it being forbidden to issue any provisional measure for its regulation."
Brasília, August 15, 1995.
THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Luís Eduardo, President -Ronaldo Perim, First Vice-President - Beto Mansur, Second Vice-President -Wilson Campos, First Secretary - Leopoldo Bessone, Second Secretary -Benedito Domingos, Third Secretary - João Henrique, Fourth Secretary.
THE DIRECTING BOARD OF THE FEDERAL SENATE: José Sarney, President - Teotonio Vilela Filho, First Vice-President - Júlio Campos, Second Vice-President -Odacir Soares, First Secretary - Renan Calheiros, Second Secretary - Levy Dias, Third Secretary - Ernandes Amorim, Fourth Secretary.
Official Journal, August 16, 1995.
ORIGINAL WORDING
Article 25:
"Article 25...
Paragraph 2 - The states shall have the power to operate, directly or by means of a concession to a state-owned company, with exclusive rights of distribution, the local services of piped gas."
CONSTITUTIONAL AMENDMENT NO. 6, 1995
Alters item IX of article 170, article 171, and paragraph 1 of article 176 of the Federal Constitution.
The Directing Boards of the Chamber of Deputies and of the Federal Senate, under the terms of paragraph 3 of article 60 of the Federal Constitution, promulgate the following amendment to the constitutional text:
ARTICLE 1.- Item IX of article 170 and paragraph 1 of article 176 of the Federal Constitution shall henceforth be in force with the following wording:
"Article 170...
IX - preferential treatment for small entreprises organized under Brazilian laws and having their head-office and management in Brazil."
"Article 176...
Paragraph 1 - The prospecting and mining of mineral resources and the utilization of the potentials mentioned in the caption of this article may only take place with authorization or concession by the Union, in the national interest, by Brazilians or by a company organized under Brazilian laws and having its head-office and management in Brazil, in the manner set forth by law, which law shall establish specific conditions when such activities are to be conducted in the boundary zone or on Indian lands."
ARTICLE 2.- The following article 246 shall be included in Title IX - "General Constitutional Provisions":
"Article 246. 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."
ARTICLE 3.- Article 171 of the Federal Constitution is hereby revoked.
Brasília, August 15, 1995.
THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Luís Eduardo, President -Ronaldo Perim, First Vice-President - Beto Mansur, Second Vice-President - Wilson Campos, First Secretary - Leopoldo Bessone, Second Secretary -Benedito Domingos, Third Secretary - João Henrique, Fourth Secretary.
THE DIRECTING BOARD OF THE FEDERAL SENATE: José Sarney, President - Teotonio Vilela Filho, First Vice-President - Júlio Campos, Second Vice-President -Odacir Soares, First Secretary - Renan Calheiros, Second Secretary - Levy Dias, Third Secretary - Ernandes Amorim, Fourth Secretary.
Official Journal, August 16, 1995.
ORIGINAL WORDING
Article 170:
"IX - preferential treatment for small Brazilian enterprises of national capital."
Article 171:
"Article 171. It is considered:
I - a Brazilian company, one that is organized under Brazilian laws and has its head-office and management in Brazil;
II - a Brazilian company of domestic capital, one whose effective control is directly or indirectly held permanently either by individuals resident and domiciled in Brazil or by domestic public entities, the effective control of the company being understood as the ownership of the majority of its voting capital and de facto and legal exercise of the decision-making power to manage
its activities.
Paragraph 1 - The law may, with regard to a Brazilian company of domestic capital:
I - grant special temporary protection and benefits for the development of activities deemed strategic for the national defense or vital to the development of the country;
II - establish, whenever it deems a sector vital to national technological development, the following conditions and requisites, among others:
a) the requirement that the control mentioned in item II of the caption be extended to the company's technological activities, this being understood as de facto and legal exercise of the decision-making power to develop or absorb technology;
b) percentages of capital participation by individuals domiciled and resident in Brazil or by domestic public entities.
Paragraph 2 - In the procurement of goods and services, the Government shall give preferential treatment to Brazilian companies of domestic capital, as established by law."
Article 176:
"Article 176. Mineral deposits, under exploitation or not, and other mineral resources and the hydraulic energy potentials form, for the purpose of exploitation or utilization, a property separate from that of the soil and belong to the Union, the concessionaire being guaranteed the ownership of the mined product.
Paragraph 1 - The prospecting and mining of mineral resources and the utilization of the potentials mentioned in the caption of this article may only take place with authorization or concession by the Union, in the national interest, by Brazilians or by Brazilian companies of domestic capital, in the manner set forth by law, which law shall establish specific conditions when such activities are to be conducted in the boundary zone or on Indian lands.
Paragraph 2 - The owner of the soil is ensured of participation in the results of the mining operation, in the manner and amount as the law shall establish.
Paragraph 3 - Authorization for prospecting shall always be for a set period of time and the authorization and concession set forth in this article may not be assigned or transferred, either in full or in part, without the prior consent of the conceding authority.
Paragraph 4 - Exploitation of a renewable energy potential of small capacity shall not require an authorization or concession."
CONSTITUTIONAL AMENDMENT NO. 7, 1995
Alters article 178 of the Federal Constitution and provides for the adoption of Provisional Measures.
The Directing Boards of the Chamber of Deputies and of the Federal Senate, under the terms of paragraph 3 of article 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:
ARTICLE 1.- Article 178 of the Federal Constitution shall henceforth be in force with the following wording:
"Article 178. The law shall provide for the regulation of air, water and ground transportation, and it shall, in respect to the regulation of international transportation, comply with the agreements entered into by the Union, with due regard to the principle of reciprocity.
Sole Paragraph. In regulating water transportation, the law shall set forth the conditions in which the transportation of goods in coastal and internal navigation will be permitted to foreign vessels."
ARTICLE 2.- The following article 246 shall be included in Title IX - "General Constitutional Provisions":
"Article 246. 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."
Brasília, August 15, 1995.
THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Luís Eduardo, President - Ronaldo Perim, First Vice-President - Beto Mansur, Second Vice-President - Wilson Campos, First Secretary - Leopoldo Bessone, Second Secretary - Benedito Domingos, Third Secretary - João Henrique, Fourth Secretary.
THE DIRECTING BOARD OF THE FEDERAL SENATE: José Sarney, President - Teotonio Vilela Filho, First Vice-President - Júlio Campos, Second Vice-President -Odacir Soares, First Secretary - Renan Calheiros, Second Secretary - Levy Dias, Third Secretary - Ernandes Amorim, Fourth Secretary.
Official Journal, August 16, 1995.
ORIGINAL WORDING
Article 178:
"Article 178. The law shall provide for:
I - the regulation of air, ocean and ground transportation;
II - the predominance of domestic shipowners and ships of Brazilian flag and registration, and of those of the exporting or importing country;
III - bulk transportation;
IV - the use of fishing and other vessels.
Paragraph 1- The regulation of international transportation shall comply with the agreements entered into by the Union with due regard for the principle of reciprocity.
Paragraph 2 - The captains, at least two-thirds of the crew, as well as those who own and exploit domestic vessels shall be Brazilian.
Paragraph 3 - Coastal and internal navigation are restricted to Brazilian vessels, except in the event of public necessity, as established by law."
CONSTITUTIONAL AMENDMENT NO. 8, 1995
Alters item XI and letter "a" of item XII of article 21 of the Federal Constitution.
The Directing Boards of the Chamber of Deputies and of the Federal Senate, under the terms of paragraph 3 of article 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:
ARTICLE 1.- Item XI and letter a of item XII of article 21 of the Federal Constitution shall henceforth be in force with the following wording:
"Article 21. The Union shall have the power to:...
XI - operate, directly or through authorization, concession or permission, the telecommunications services, as set forth by law, which law shall provide for the organization of the services, the establishment of a regulatory agency and other institutional issues;
XII - operate, directly or through authorization, concession or permission:
a) the services of sound broadcasting and of sound and image broadcasting;..."
ARTICLE 2.- The adoption of any Provisional Measure for the regulation of the matter set forth in item XI of article 21 with the wording given by this constitutional amendment is forbidden.
Brasília, August 15, 1995.
THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Luís Eduardo, President -Ronaldo Perim, First Vice-President - Beto Mansur, Second Vice-President -Wilson Campos, First Secretary - Leopoldo Bessone, Second Secretary -Benedito Domingos, Third Secretary - João Henrique, Fourth Secretary.
THE DIRECTING BOARD OF THE FEDERAL SENATE: José Sarney, President - Teotonio Vilela Filho, First Vice-President - Júlio Campos, Second Vice-President -Odacir Soares, First Secretary - Renan Calheiros, Second Secretary - Levy Dias, Third Secretary - Ernandes Amorim, Fourth Secretary.
Official Journal, August 16, 1995.
ORIGINAL WORDING
Article 21:
"XI - operate, directly or through concession to companies with the majority of voting shares under state control, the telephone, telegraph and data transmission services as well as other public telecommunications services, provided that information services may be rendered by private legal entities through the public telecommunications network operated by the Union;
XII - operate, directly or through authorization, concession or permission:
a) the services of sound broadcasting and of sound and image broadcasting as well as other telecommunications services;"
CONSTITUTIONAL AMENDMENT NO. 9, 1995
Gives new wording to article 177 of the Federal Constitution, altering and inserting paragraphs.
The Directing Boards of the Chamber of Deputies and of the Federal Senate, under the terms of paragraph 3 of article 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:
ARTICLE 1.- Paragraph 1 of article 177 of the Federal Constitution shall henceforth be in force with the following wording:
"Article 177...
Paragraph 1 - The Union may contract with state-owned or with private enterprises for the execution of the activities provided for in items I through IV of this article, with due regard for the conditions set forth by law."
ARTICLE 2.- A paragraph shall be included, to be numbered as paragraph 2, with the following wording, the present paragraph 2 becoming paragraph 3, in article 177 of the Federal Constitution:
"Article 177...
Paragraph 2 - The law referred to in paragraph 1 shall provide for:
I - a guarantee of supply of petroleum products in the whole national territory;
II- the conditions of contracting;
III- the structure and duties of the regulatory agency of the monopoly of the Union."
ARTICLE 3.- The issuing of any provisional measure for the regulation of the matter set forth in items I through IV and in paragraphs 1 and 2 of article 177 of the Federal Constitution is forbidden.
Brasília, November 9, 1995.
THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Luís Eduardo, President -Ronaldo Perim, First Vice-President - Beto Mansur, Second Vice-President -Wilson Campos, First Secretary - Leopoldo Bessone, Second Secretary -Benedito Domingos, Third Secretary - João Henrique, Fourth Secretary.
THE DIRECTING BOARD OF THE FEDERAL SENATE: José Sarney, President - Teotonio Vilela Filho, First Vice-President - Júlio Campos, Second Vice-President -Odacir Soares, First Secretary - Renan Calheiros, Second Secretary - Levy Dias, Third Secretary - Ernandes Amorim, Fourth Secretary.
Official Journal, November 10, 1995.
ORIGINAL WORDING
Article 177:
"Paragraph 1- The monopoly set forth in this article includes the risks and results deriving from the activities mentioned therein, and the Union is forbidden to assign or grant concessions of any kind of participation, either in kind or in legal tender, in the exploitation of petroleum or natural gas deposits, excepting the provisions of article 20, paragraph 1."
"Paragraph 2 - The law shall provide with respect to the transportation and use of radioactive materials within the national territory."
CONSTITUTIONAL AMENDMENT NO. 10, 1996
Alters articles 71 and 72 of the Temporary Constitutional Provisions Act, introduced by the Revision Constitutional Amendment No.1 of 1994.
The Directing Boards of the Chamber of Deputies and of the Federal Senate, under the terms of paragraph 3 of article 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:
ARTICLE 1.- Article 71 of the Temporary Constitutional Provisions Act shall henceforth be in force with the following wording:
"Article 71. The Emergency Social Fund is hereby instituted for the fiscal years of 1994 and 1995, as well as for the period from January 1, 1996 through June 30, 1997, aiming at the financial recuperation of the Federal Public Finances and the economic stabilization, the resources of which shall be applied primarily to the actions of the health and education systems, the welfare benefits and welfare assistance of permanent nature, including the payment of welfare debts and budgetary expenditures associated to programs of great economic and social interest.
Paragraph 1 - The provision of the final part of item II of paragraph 9 of article 165 of the Constitution shall not apply to the Fund established by this article.
Paragraph 2 - From the beginning of the 1996 fiscal year on, the Fund established by this article shall be called Fiscal Stabilization Fund.
Paragraph 3 - The Executive Power shall publish, on a bimonthly basis, a budget execution statement, which statement shall list the sources and applications of the Fund established by this article."
ARTICLE 2.- Article 72 of the Temporary Constitutional Provisions Act shall henceforth be in force with the following wording:
"Article 72. The Emergency Social Fund is comprised of:
I...;
II - the part of the proceeds from the collection of the tax on income and earnings of any nature, and of the tax on credit, foreign exchange and insurance transactions, or transactions relating to bonds and securities, resulting from the changes generated by Law 8,894 of June 21, 1994, and by Laws 8,849 and 8,848, both dated January 28, 1994 and further modifications;
III - the part of the proceeds from the collection due to the increase of the rate of welfare contribution on the profit of taxpayers mentioned in paragraph 1 of article 22 of Law 8,212 of July 24, 1991, which, in the fiscal years of 1994 and 1995, as well as in the period from January 1, 1996 through June 30, 1997, shall be of 30 percent, subject to modification by ordinary law, the other stipulations of Law 7,689 of December 15, 1988 remaining unchanged;
IV - twenty percent of the proceeds from the collection of all taxes and contributions to the Union, already instituted or to be instituted, except those provided by items I, II and III, with due regard to the provisions of paragraphs 3 and 4;
V - the part of the proceeds from the collection of the contribution mentioned in Supplementary Law 7, of September 7, 1970, owed by the juridical entities referred to in item III of this article, which will be calculated, in the fiscal years of 1994 and 1995, as well as in the period from January 1, 1996 through June 30, 1997, through the employment of a rate of seventy five hundredths of one percent, subject to modification by ordinary law, on the gross operating income, as defined in the legislation of income tax and earnings of any nature; and
VI...;
Paragraph 1...
Paragraph 2 - The parts referred to in items I, II, III and V shall be previously deducted from the calculation base of any legal or constitutional designation or participation, and the provisions of articles 159, 212 and 239 of the Constitution shall not apply to them.
Paragraph 3 - The part referred to in item IV shall be previously deducted from the calculation base of any constitutional or legal designation or participation stipulated by articles 153, paragraph 5, 157, II, 212 and 239 of the Constitution.
Paragraph 4 - The provision of the former paragraph shall not apply to the resources provided by articles 158, II, and 159 of the Constitution.
Paragraph 5 - The part of the resources originating from the tax on income and earnings of any nature, designated for the Emergency Social Fund, as provided by item II of this article, shall not exceed five and six-tenths of one percent of the total proceeds from its collection."
ARTICLE 3.- This Constitutional Amendment shall come into force on the date of its publication.
Brasília, March 4, 1996.
THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Luís Eduardo, President -Ronaldo Perim, First Vice-President - Beto Mansur, Second Vice-President - Wilson Campos, First Secretary - Leopoldo Bessone, Second Secretary -Benedito Domingos, Third Secretary - João Henrique, Fourth Secretary.
THE DIRECTING BOARD OF THE FEDERAL SENATE: José Sarney, President - Teotonio Vilela Filho, First Vice-President - Júlio Campos, Second Vice-President -Odacir Soares, First Secretary - Renan Calheiros, Second Secretary - Levy Dias, Third Secretary - Ernandes Amorim, Fourth Secretary.
Official Journal, March 7, 1996.
ORIGINAL WORDING
Article 71:
"Article 71. The Emergency Social Fund is hereby instituted for the fiscal years of 1994 and 1995, aiming at the financial recuperation of the Federal Public Finances and the economic stabilization, the resources of which shall be applied to the actions of the health and education systems, the welfare benefits and welfare assistance of permanent nature, including the payment of welfare debts, as well as other programs of great social and economic interest.
Sole paragraph. The provision of the final part of item II of paragraph 9 of article 165 of the Constitution shall not apply, in the 1994 fiscal year, to the the Fund established by this article."
Article 72:
"I...;
II - the part of the proceeds from the collection of the tax on urban buildings and urban land property, of the tax on income and earnings of any nature, and of the tax on credit, foreign exchange and insurance transactions, or transactions relating to bonds and securities, resulting from the changes generated by Provisional Measure 419 and by Laws 8,847, 8,849 and 8,848, all dated January 28, 1994, the period in force of the latter being extended to December 31, 1995;
III - the part of the proceeds from the collection due to the increase of the rate of welfare contribution on the profit of taxpayers mentioned in paragraph 1 of article 22 of Law 8,212 of July 24, 1991, which, in the fiscal years of 1994 and 1995 shall be of 30 percent, the other stipulations of Law 7,869 of December 15, 1988 remaining unchanged;
IV - twenty percent of the proceeds from the collection of all taxes and contributions to the Union, except those provided by items I, II and III;
V - the part of the proceeds from the collection of the contribution mentioned in Supplementary Law 7, of September 7, 1970, owed by the juridical entities referred to in item III of this article, which will be calculated, in the fiscal years of 1994 and 1995, through the employment of a rate of seventy five hundredths of one percent on the gross operating income, as defined in the legislation of income tax and earnings of any nature;...
Paragraph 1 - The rates and calculation base defined in items III and V shall be applied as from the first day of the month following the ninetieth day after the promulgation of this amendment.
Paragraph 2 - The parts referred to in items I, II, III and V shall be previously deducted from the calculation base of any legal or constitutional designation or participation, and the provisions of articles 158, II, 159, 212 and 239 of the Constitution shall not apply to them.
Paragraph 3 - The part referred to in item IV shall be previously deducted from the calculation base of any constitutional or legal designation or participation stipulated by articles 153, paragraph 5, 157, II, 158, II, 212 and 239 of the Constitution.
Paragraph 4 - The provision of the former paragraph shall not apply to the resources provided by article 159 of the Constitution.
Paragraph 5 - The part of the resources originating from the tax on rural property and from the tax on income and earnings of any nature, designated for the Emergency Social Fund, as provided by item II of this article, shall not exceed:
I - in the case of the tax on rural property, eighty-six and two-tenths of one percent of the total proceeds from its collection;
II - in the case of the tax on income and earnings of any nature, five and six-tenths of one percent of the total proceeds from its collection."
CONSTITUTIONAL AMENDMENT NO. 11, 1996
Allows the hiring of foreign professors, technicians and scientists by the Brazilian universities and grants autonomy to the scientific and technological research institutions.
The Directing Boards of the Chamber of Deputies and of the Federal Senate, under the terms of paragraph 3 of article 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:
ARTICLE 1.- Two paragraphs are added to article 207 of the Federal Constitution, with the following wording:
"Article 207...
Paragraph 1 - The universities are permitted to hire foreign professors, technicians and scientists as provided by law.
Paragraph 2 - The provisions of this article apply to scientific and technological research institutions."
ARTICLE 2.- This Amendment shall come into force on the date of its publication.
Brasília, April 30, 1996.
THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Luís Eduardo, President -Ronaldo Perim, First Vice-President - Beto Mansur, Second Vice-President -Wilson Campos, First Secretary - Leopoldo Bessone, Second Secretary -Benedito Domingos, Third Secretary - João Henrique, Fourth Secretary.
THE DIRECTING BOARD OF THE FEDERAL SENATE: José Sarney, President - Teotonio Vilela, First Vice-President - Júlio Campos, Second Vice-President - Odacir Soares, First Secretary - Renan Calheiros, Second Secretary - Levy Dias, Third Secretary - Ernandes Amorim, Fourth Secretary.
Official Journal, May 2, 1996.
CONSTITUTIONAL AMENDMENT NO. 12, 1996
Grants competency to the Union to establish provisional contribution on the movement or transmission of monies and of credits and rights of financial nature.
The Directing Boards of the Chamber of Deputies and of the Federal Senate, promulgate, under the terms of paragraph 3 of article 60 of the Federal Constitution, the following Amendment to the constitutional text:
SOLE ARTICLE.- Article 74 is included in the Temporary Constitutional Provisions Act, with the following wording:
"Article 74. The Union may establish provisional contribution on the movement or transmission of monies and of credits and rights of financial nature.
Paragraph 1 - The rate of the contribution mentioned in this article shall not exceed twenty-five hundredths of one percent, and the Executive Power may reduce it or reestablish it, in whole or in part, in the conditions and limits provided for by law.
Paragraph 2 - The provisions of articles 153, paragraph 5, and 154, I, of the Constitution shall not apply to the contribution mentioned in this article.
Paragraph 3 - The whole of the proceeds from the collection of the contribution mentioned in this article shall be allocated to the National Health Foundation for the financing of health actions and services.
Paragraph 4 - The liability for the contribution mentioned in this article shall be governed by the provisions of article 195, paragraph 6, of the Constitution, and it shall not be collected for longer than two years."
Brasília, August 15, 1996.
THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Luís Eduardo, President -Ronaldo Perim, First Vice-President - Beto Mansur, Second Vice-President -Wilson Campos, First Secretary - Leopoldo Bessone, Second Secretary -Benedito Domingos, Third Secretary - João Henrique, Fourth Secretary.
THE DIRECTING BOARD OF THE FEDERAL SENATE: José Sarney, President - Teotonio Vilela Filho, First Vice-President - Júlio Campos, Second Vice-President -Odacir Soares, First Secretary - Renan Calheiros, Second Secretary - Ernandes Amorim, Fourth Secretary - Eduardo Suplicy, Substitute Secretary.
Official Journal, August 16, 1996.
CONSTITUTIONAL AMENDMENT NO. 13, 1996
Gives new wording to item II of article 192 of the Federal Constitution.
The Directing Boards of the Chamber of Deputies and of the Federal Senate, under the terms of paragraph 3 of article 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:
SOLE ARTICLE.- Item II of article 192 of the Federal Constitution shall be in force with the following wording:
"Article 192...
II - authorization and operation of insurance, reinsurance, social security and capitalization companies, as well as of the supervising agency;"
Brasília, August 21, 1996.
THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Luís Eduardo, President -Ronaldo Perim, First Vice-President - Beto Mansur, Second Vice-President -Wilson Campos, First Secretary - Leopoldo Bessone, Second Secretary -Benedito Domingos, Third Secretary - João Henrique, Fourth Secretary.
THE DIRECTING BOARD OF THE FEDERAL SENATE: José Sarney, President - Teotonio Vilela Filho, First Vice-President - Júlio Campos, Second Vice-President -Odacir Soares, First Secretary - Renan Calheiros, Second Secretary - Ernandes Amorim, Fourth Secretary - Eduardo Suplicy - Substitute Secretary.
Official Journal, August 22, 1996.
ORIGINAL WORDING
Article 192:
"II - authorization and operation of insurance, social security and capitalization companies, as well as the official supervising agency and of the official reinsurance agency;"
CONSTITUTIONAL AMENDMENT NO. 14, 1996
Alters articles 34, 208, 211 and 212 of the Federal Constitution and gives new wording to article 60 of the Temporary Constitutional Provisions Act.
The Directing Boards of the Chamber of Deputies and of the Federal Senate, under the terms of paragraph 3 of article 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:
ARTICLE 1.- Subitem e is added to item VII of article 34 of the Federal Constitution, with the following wording:
"e) the application of the mandatory minimum of the income resulting from state taxes, including those originating from transfers, to the maintenance and development of education."
ARTICLE 2.- New wording is given to items I and II of article 208 of the Federal Constitution, as follows:
"I - mandatory and free elementary education, including the assurance of its free offer to all those who did not have access to it at the proper age;
II - progressive universalization of the free high-school education;"
ARTICLE 3.- New wording is given to paragraphs 1 and 2 of article 211 of the Federal Constitution, and two additional paragraphs are inserted in this article, to read as follows:
"Article 211...
Paragraph 1 - The Union shall organize the federal educational system and that of the Territories, shall finance the federal public educational institutions and shall have, in educational matters, a redistributive and supplementary function, so as to guarantee the equalization of the educational opportunities and a minimum standard of quality of education, through technical and financial assistance to the States, the Federal District and the Municipalities.
Paragraph 2 - The Municipalities shall act on a priority basis in elementary education and in the education of children.
Paragraph 3 - The States and the Federal District shall act on a priority basis in elementary and secondary education.
Paragraph 4 - In the organization of their educational systems, the States and Municipalities shall establish forms of cooperation, so as to guarantee the universalization of the mandatory education."
ARTICLE 4.- New wording is given to paragraph 5 of article 212 of the Federal Constitution, as follows:
"Paragraph 5 - The public elementary education shall have, as an additional source of financing, the social contribution for education, collected from companies, as provided by law."
ARTICLE 5.- Article 60 of the Temporary Constitutional Provisions Act is hereby altered and new paragraphs are inserted into it, with the article having the following wording:
"Article 60. In the first ten years after the promulgation of this Amendment, the States, the Federal District and the Municipalities shall allocate no less than 60% of the funds referred to in the caption of article 212 of the Federal Constitution, to the maintenance and development of elementary education, aiming at the assurance of the universalization of the service and the payment of appropriate salaries to the teachers.
Paragraph 1 - The distribution of responsibilities and resources between the States and their Municipalities, to be effected with part of the resources defined in this article, as set forth in article 211 of the Federal Constitution, is assured through the establishment, within each State and the Federal District, of a Fund for the Maintenance and Development of the Elementary Education and for the Increase of the Worth of the Teaching Profession, of a financial nature.
Paragraph 2 - The Fund referred to in the preceding paragraph shall be made up by, at least, fifteen percent of the resources referred to in articles 155, item II; 158, item IV; and 159, item I, subitems a and b; and item II, of the Federal Constitution, and shall be distributed among each State and its Municipalities, in proportion to the number of students in the respective elementary education networks.
Paragraph 3 - The Union shall supplement the resources of the Funds referred to in paragraph 1, whenever in each State and in the Federal District its value per student does not reach the nationally set minimum.
Paragraph 4 - The Union, the States, the Federal District and the Municipalities shall effect, during a period of five years, progressive adjustments of their contributions to the Fund, so as to guarantee a value per student corresponding to a minimum quality standard of education, defined at the national level.
Paragraph 5 - A share of not less than 60% of the resources of each Fund referred to in paragraph 1 shall be used for the payment of elementary education teachers actually teaching.
Paragraph 6 - The Union shall apply never less than 30 percent of the resources referred to in the caption of article 212 of the Federal Constitution to the eradication of illiteracy and to the maintenance and development of the elementary education, including the supplementation referred to in paragraph 3.
Paragraph 7 - The law shall provide for the organization of the Funds, the proportional distribution of its resources, its oversight and control, as well as for the way to calculate the national minimum value per student."
ARTICLE 6.- This Amendment shall come into force on January 1 of the year subsequent to that of its promulgation.
Brasília, September 12, 1996.
THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Luís Eduardo, President -Ronaldo Perim, First Vice-President - Beto Mansur, Second Vice-President -Wilson Campos, First Secretary - Leopoldo Bessone, Second Secretary -Benedito Domingos, Third Secretary - João Henrique, Fourth Secretary.
THE DIRECTING BOARD OF THE FEDERAL SENATE: José Sarney, President - Teotonio Vilela Filho, First Vice-President - Júlio Campos, Second Vice-President -Odacir Soares, First Secretary - Renan Calheiros, Second Secretary - Ernandes Amorim, Fourth Secretary - Eduardo Suplicy - Substitute Secretary.
Official Journal, September 13, 1996.
ORIGINAL WORDING
Article 208:
"I - compulsory and free elementary education, including for those who did not have access to school at the proper age;
II - progressive extension of compulsory and free education to secondary school;"
Article 211:
"Paragraph 1 - The Union shall organize and finance the federal educational system and that of the territories and shall provide technical and financial assistance to the states, the Federal District and the municipalities for the development of their educational systems, and for the compliance with the priority to be given to compulsory education.
Paragraph 2 - The municipalities shall act on a priority basis in elementary and pre-school education."
Article 212:
"Paragraph 5 - The public elementary education shall have, as an additional source of financing, the social contribution for education, collected, as provided by law, from companies, which may deduct from it the funds invested in the fundamental education of their employees and dependents."
Article 60:
"Article 60. In the first ten years after the promulgation of the Constitution, the Government shall endeavour, with the mobilization of all organized sectors of society and with the application of at least fifty percent of the funds referred to in article 212 of the Constitution, to eradicate illiteracy and generalize elementary education.
Sole paragraph - Within a like period of time, the public universities shall decentralize their activities with the purpose of extending their higher education to cities of greater population density."
CONSTITUTIONAL AMENDMENT NO. 15, 1996
Gives new wording to paragraph 4 of article 18 of the Federal Constitution.
The Directing Boards of the Chamber of Deputies and of the Federal Senate, under the terms of paragraph 3 of article 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:
SOLE ARTICLE.- Paragraph 4 of article 18 of the Federal Constitution shall henceforth be in force with the following wording:
"Article 18...
Paragraph 4 - The establishment, merger, fusion and dismemberment of municipalities shall be effected through state law, within the period set forth by supplementary federal law, and shall depend on prior consultation, by means of a plebiscite, of the population of the municipalities concerned, after the publication of Municipal Feasibility Studies, presented and published as set forth by law."
Brasília, September 12, 1996.
THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Luís Eduardo, President -Ronaldo Perim, First Vice-President - Beto Mansur, Second Vice-President -Wilson Campos, First Secretary - Leopoldo Bessone, Second Secretary -Benedito Domingos, Third Secretary - João Henrique, Fourth Secretary.
THE DIRECTING BOARD OF THE FEDERAL SENATE: José Sarney, President - Teotonio Vilela Filho, First Vice-President - Júlio Campos, Second Vice-President -Odacir Soares, First Secretary - Renan Calheiros, Second Secretary - Ernandes Amorim, Fourth Secretary - Eduardo Suplicy - Substitute Secretary.
Official Journal, September 13, 1996.
ORIGINAL WORDING
Article 18:
"Paragraph 4 - The establishment, merger, fusion and dismemberment of municipalities shall preserve the continuity and the historic-cultural unity of the urban environment, shall be carried out by a state law, with due regard for the requisites set forth in a state supplementary law and shall depend on prior consultation, by means of a plebiscite, of the population directly concerned."
CONSTITUTIONAL AMENDMENT NO. 16, 1997
Gives new wording to paragraph 5 of article 14, to the caption of article 28, to item II of article 29, to the caption of article 77, and to article 82 of the Federal Constitution.
The Directing Boards of the Chamber of Deputies and of the Federal Senate, under the terms of paragraph 3 of article 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:
ARTICLE 1.- Paragraph 5 of article 14, the caption of article 28, item II of article 29, the caption of article 77, and article 82 of the Federal Constitution shall henceforth be in force with the following wording:
"Article 14...
Paragraph 5 - The President of the Republic, the State and Federal District Governors, the Mayors and those who have succeeded or replaced them during their terms of office may be reelected for only one subsequent term."
"Article 28. The election of the Governor and the Vice-Governor of a state, for a term of office of four years, shall be held on the first Sunday of October, in the first round, and on the last Sunday of October, in the second round, as the case may be, of the year preceding the one in which the term of office of their predecessors ends, and they shall take office on January 1 of the following year, in accordance, otherwise, with the provisions of article 77."
"Article 29...
II - election of the Mayor and Vice-Mayor on the first Sunday of October of the year preceding the end of the term of office of those they are to succeed, subject, in the case of municipalities with over two hundred thousand voters, to the provisions set forth in article 77."
"Article 77. The election of the President and Vice-President of the Republic shall take place simultaneouly, on the first Sunday of October, in the first round, and on the last Sunday of October, in the second round, as the case may be, of the year preceding the one in which the current presidential term of office ends."
"Article 82. The term of office of the President of the Republic is four years, and it shall commence on January 1 of the year following the year of his election."
ARTICLE 2.- This Constitutional Amendment shall come into force on the date of its publication.
Brasília, June 4, 1997.
THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Michel Temer, President -Heráclito Fortes, First Vice-President - Severino Cavalcanti, Second Vice-President - Ubiratan Aguiar, First Secretary - Nelson Trad, Second Secretary -Efraim Morais, Fourth Secretary.
THE DIRECTING BOARD OF THE FEDERAL SENATE: Antonio Carlos Magalhães, President - Geraldo Melo, First Vice-President - Ronaldo Cunha Lima, First Secretary - Carlos Patrocínio, Second Secretary - Flaviano Melo, Third Secretary - Lucídio Portella, Fourth Secretary.
Official Journal, June 5, 1997.
ORIGINAL WORDING
Article 14:
"Article 14...
Paragraph 5 - The President of the Republic, the State and Federal District Governors, the Mayors and those who have succeeded or replaced them during the six months preceding the election, are not eligible to the same offices in the subsequent term."
Article 28:
"Article 28. The election of the Governor and the Vice-Governor of a state, for a term of office of four years, shall be held ninety days before the end of the term of office of their predecessors and they shall take office on January 1 of the following year, in accordance, otherwise, with the provisions of article 77."
Article 29:
"Article 29...
II - election of the Mayor and Vice-Mayor at least ninety days before the end of the term of office of those they are to succeed, subject, in the case of municipalities with over two hundred thousand voters, to the provisions set forth in article 77."
Article 77:
"Article 77. The election of the President and Vice-President of the Republic shall take place simultaneously, ninety days before the end of the current presidential term of office."
Article 82:
"Article 82. The term of office of the President of the Republic is four years, the re-election for the subsequent term being forbidden, and the term of office shall commence on January 1 of the year following the year of his election."
CONSTITUTIONAL AMENDMENT NO. 17, 1997
Alters provisions of Articles 71 and 72 of the Temporary Constitutional Provisions Act, introduced by the Revision Constitutional Amendment No. 1 of 1994.
The Directing Boards of the Chamber of Deputies and of the Federal Senate, under the terms of paragraph 3 of article 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:
ARTICLE 1.- The caption of Article 71 of the Temporary Constitutional Provisions Act shall henceforth be in force with the following wording:
"Article 71. The Emergency Social Fund is hereby instituted for the fiscal years of 1994 and 1995, as well as for the periods from January 1, 1996 through June 30, 1997, and from July 1, 1997 through December 31, 1999, aiming at the financial recuperation of the Federal Public Finances and the economic stabilization, the resources of which shall be applied primarily to the actions of the health and education systems, including the supplementation of resources set forth in paragraph 3 of Article 60, of the Temporary Constitutional Provisions Act, the welfare benefits and welfare assistance of a permanent nature, including the payment of welfare debts and budgetary expenditures associated to programs of great economic and social interest."
ARTICLE 2.- Item V of article 72, of the Temporary Constitutional Provisions Act, shall henceforth be in force with the following wording:
"V - the part of the proceeds from the collection of the contribution mentioned in Supplementary Law No. 7, of September 7, 1970, owed by the juridical entities referred to in item III of this article, which will be calculated, in the fiscal years of 1994 and 1995, as well as in the periods from January 1, 1996 through June 30, 1997, and from July 1, 1997 through December 31, 1999, through the employment of a rate of seventy-five hundredths of one percent, subject to modification by subsequent ordinary law, on the gross operating income, as defined in the legislation of income tax and earnings of any nature;"
ARTICLE 3.- The Union shall remit to the Municipalities, out of the proceeds from the collection of the Tax on Income and Earnings of Any Nature, as stipulated for the formation of the funds set forth in item I of Article 159, of the Constitution, excluding the part mentioned in item I of Article 72, of the Temporary Constitutional Provisions Act, the following percentages:
I - one and fifty-six hundredths of one per cent, in the period from July 1, 1997 through December 31, 1997;
II - one and eight hundred and seventy-five thousandths of one per cent, in the period from January 1, 1998 through December 31, 1998; and
III - two and a half of one per cent, in the period from January 1, 1999 through December 31, 1999.
Sole Paragraph - The remittance of funds established in this article shall comply with the same periodic intervals and the same sharing criteria and rules adopted in the Revenue Sharing Fund of the Municipalities, with due regard for the provision of Article 160 of the Constitution.
ARTICLE 4.- The effects of the provisions of Articles 71 and 72 of the Temporary Constitutional Provisions Act, with the wording determined by Articles 1 and 2 of this Amendment, shall be retroactive to July 1, 1997.
Sole paragraph - The portions of funds assigned to the Fiscal Stabilization Fund and remitted according to Article 159, item I, of the Constitution, in the period from July 1, 1997, to the date of promulgation of this Amendment, shall be deducted from the subsequent quotas, the deduction being limited to one tenth of the total amount remitted each month.
ARTICLE 5.- The Union shall apply the provisions of Article 3 of this Amendment retroactively as of July 1, 1997, with due regard for the provisions of the previous article.
ARTICLE 6.- This Constitutional Amendment shall come into force on the date of its publication.
Brasília, November 22, 1997.
THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Michel Temer, President -Heráclito Fortes, First Vice-President - Severino Cavalcanti, Second Vice-President - Ubiratan Aguiar, First Secretary - Nelson Trad, Second Secretary -Paulo Paim, Third Secretary - Efraim Morais, Fourth Secretary.
THE DIRECTING BOARD OF THE FEDERAL SENATE: Antonio Carlos Magalhães, President - Geraldo Melo, First Vice-President - Júnia Marise, Second Vice-President - Ronaldo Cunha Lima, First Secretary - Carlos Patrocínio, Second Secretary - Flaviano Melo, Third Secretary.
Official Journal, November 11, 1997.
ORIGINAL WORDING
Article 71, caption:
"Article 71. The Emergency Social Fund is hereby instituted for the fiscal years of 1994 and 1995, as well as for the period from January 1, 1996 through June 30, 1997, aiming at the financial recuperation of the Federal Public Finances and the economic stabilization, the resources of which shall be applied primarily to the actions of the health and education systems, the welfare benefits and welfare assistance of permanent nature, including the payment of welfare debts and budgetary expenditures associated to programs of great economic and social interest."
Article 72, V:
"Article 72...
V - the part of the proceeds from the collection of the contribution mentioned in Supplementary Law 7, of September 7, 1970, owed by the juridical entities referred to in item III of this article, which will be calculated, in the fiscal years of 1994 and 1995, as well as in the period from January 1, 1996 through June 30, 1997, through the employment of a rate of seventy five hundredths of one percent, subject to modification by ordinary law, on the gross operating income, as defined in the legislation of income tax and earnings of any nature;"
CONSTITUTIONAL AMENDMENT NO. 18, 1998
Establishes the constitutional rules for the military.
The Directing Boards of the Chamber of Deputies and of the Federal Senate, under the terms of paragraph 3 of article 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:
ARTICLE 1.- Item XV of article 37 of the Federal Constitution shall henceforth be in force with the following wording:
"Article 37...
XV - the salaries of government employees may not be reduced, and the remuneration shall comply with the provisions of article 37, XI and XII, 150, II, 153, III and paragraph 2, I;..."
ARTICLE 2.- Section II, of Chapter VII, of Title III of the Constitution shall henceforth be entitled "GOVERNMENT EMPLOYEES", and Section III, of Chapter VII, of Title III of the Federal Constitution shall henceforth be entitled "THE MILITARY OF THE STATES, OF THE FEDERAL DISTRICT AND OF THE TERRITORIES", and article 42 shall have the following wording:
"Article 42. The members of the Military Police and of the Military Fire Brigades, institutions whose organization is based on hierarchy and discipline, are military of the States, of the Federal District and of the Territories.
Paragraph 1. The provisions of article 14, paragraph 8; article 40, paragraph 3; and of article 142, paragraphs 2 and 3 apply to the military of the States, of the Federal District and of the Territories, in addition to other provisions that the law may establish, it being incumbent upon specific state legislation to provide for the matters of article 142, paragraph 3, item X, the ranks of the officers being awarded by the respective State Governors.
Paragraph 2. The provisions of article 40, paragraphs 4 and 5 apply to the military of the States, of the Federal District and of the Territories, and to their pensioners, and the provision of article 40, paragraph 6 applies to the military of the Federal District and of the Territories."
ARTICLE 3.- Item II of paragraph 1 of article 61 of the Constitution shall henceforth be in force with the following alterations:
"Article 61...
Paragraph 1...
II...
c) government employees of the Union and Territories, their legal statute, appointment to offices, tenure and retirement;...
f) military of the Armed Forces, their legal statute, appointment to offices, promotions, tenure, remuneration, retirement, and transfer to the reserve."
ARTICLE 4.- The following paragraph 3 shall be added to article 142 of the Constitution:
"Article 142...
Paragraph 3. The members of the Armed Forces are called military, and the following provisions apply to them, in addition to other provisions that the law may establish:
I - the ranks, with the prerogatives, rights and duties inherent to them, are awarded by the President of the Republic and are guaranteed in full to officers in active service, those of the reserve or in retirement, and such officers have exclusive rights to military titles and posts, and, together with the other members, to the use of the uniforms of the Armed Forces;
II - a military in active service who takes office in a permanent civil public position or job shall be transferred to the reserve, under the terms of the law;
III - a military in active service who, under the terms of the law, takes office in a non-elective, temporary civil public position, job or function, even if in the indirect administration, shall be put on leave and, as long as he remains in this situation he may only be promoted by seniority, and his period of service shall be counted only for that promotion and for transfer to the reserve, and after two years, whether continuous or not, away from active service, he shall be transferred to the reserve, under the terms of the law;
IV - the military are forbidden to join unions and to strike;
V - while in actual service, the military are forbidden to belong to political parties;
VI - an officer shall only lose his post and rank if he is judged unworthy of or incompatible with the dignity of officership by decision of a permanent military court, in times of peace, or of a special court, in times of war;
VII - an officer sentenced in a common or military court by means of an unappealable judgment to imprisonment for more than two years shall be submitted to trial as provided in the preceding item;
VIII - the provisions of article 7, items VIII, XII, XVII, XVIII, XIX and XXV, and of article 37, items XI, XIII, XIV and XV, apply to the military;
IX - the provisions of article 40, paragraphs 4, 5 and 6 apply to the military and to their pensioners;
X - the law shall provide for admission to the Armed Forces, age limits, tenure, and other conditions for a military to be retired, the rights, duties, remuneration, prerogatives and other circumstances which are specific to the military, the special characteristics of their activities being taken into account, including those carried out by virtue of international agreements and of war."
ARTICLE 5.- This Constitutional Amendment shall come into force on the date of its publication.
Brasília, February 5, 1998.
THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Michel Temer, President -Heráclito Fortes, First Vice-President - Severino Cavalcanti, Second Vice-President - Ubiratan Aguiar, First Secretary - Nelson Trad, Second Secretary -Paulo Paim, Third Secretary - Efraim Morais, Fourth Secretary.
THE DIRECTING BOARD OF THE FEDERAL SENATE: Antonio Carlos Magalhães, President - Geraldo Melo, First Vice-President - Júnia Marise, Second Vice-President - Ronaldo Cunha Lima, First Secretary - Carlos Patrocínio, Second Secretary - Flaviano Melo, Third Secretary - Lucídio Portella, Fourth Secretary.
Official Journal, February 6, 1998.
ORIGINAL WORDING
Article 37:
"Article 37...
XV - the salaries of civil and military government employees may not be reduced and the remuneration shall comply with the provisions of article 37, XI, XII, 150, II, 153, III, and 153, paragraph 2, I;"
Title III, Chapter VII, Section II:
"Civil Servants"
Title III, Chapter VII, Section III:
"Military Public Servants"
Article 42:
"Article 42. Members of the Armed Forces are federal military servants and members of the military police and military fire brigades of the states, territories and the Federal District are military servants of the respective state, territory or of the Federal District.
Paragraph 1 - The ranks, with the prerogatives, rights and duties inherent to them are guaranteed in full to officers in active service, those of the reserve or in retirement of the Armed Forces, of the military police and of the military fire brigades of the states, territories and Federal District and they have exclusive rights to military titles, posts and uniforms.
Paragraph 2 - The ranks of the officers of the Armed Forces are awarded by the President of the Republic and those of the officers of the military polices and military fire brigades of the states, territories and of the Federal District are awarded by the respective Governors.
Paragraph 3 - A member of the Armed Forces in active service who accepts a permanent civil public office shall be transferred to the reserve.
Paragraph 4 - A member of the Armed Forces in active service who accepts a temporary non-elective public office, position or function, even if in the indirect administration, shall be put on leave and, as long as he remains in this situation he may only be promoted by seniority and his period of service shall be counted only for that promotion and for transfer to the reserve, and after two years, whether continuous or not, away from active service, he shall be retired.
Paragraph 5 - Servicemen are forbidden to join unions and to strike.
Paragraph 6 - While in actual service, servicemen are forbidden to belong to political parties.
Paragraph 7 - The officer of the Armed Forces shall only lose his post and rank if he is judged unworthy of or incompatible with the dignity of officership by decision of a permanent military court, in times of peace, or of a special court, in times of war.
Paragraph 8 - The officer sentenced in a common or military court by means of an unappealable judgement to imprisonment for more than two years shall be submitted to trial as provided in the preceding paragraph.
Paragraph 9 - The law shall provide for the age limits, tenure and other conditions of transference of the military servant into retirement.
Paragraph 10 - The provisions in article 40, paragraphs 4, 5 and 6, apply to the servicemen referred to in this article and to their pensioners.
Paragraph 11 - The provisions of article 7, VIII, XII, XVII, XVIII and XIX apply to the servicemen referred to in this article."
Article 61:
"Article 61...
Paragraph 1...
II...
c) government employees of the Union and territories, their legal statute, appointment to offices, tenure and retirement of civil servants, retirement and transfer of military servicemen to inactivity;"
REVISION CONSTITUTIONAL AMENDMENTS
REVISION CONSTITUTIONAL AMENDMENT NO. 1, 1994
The Directing Board of the National Congress, under the terms of article 60 of the Federal Constitution, combined with article 3 of the Temporary Constitutional Provisions Act, promulgates the following constitutional amendment:
ARTICLE 1.- Articles 71, 72 and 73, with the following wording, are hereby added to the Temporary Constitutional Provisions Act:
"Article 71. The Emergency Social Fund is hereby instituted for the fiscal years of 1994 and 1995, aiming at the financial recuperation of the Federal Public Finances and the economic stabilization, the resources of which shall be applied to the actions of the health and education systems, the welfare benefits and welfare assistance of permanent nature, including the payment of welfare debts, as well as other programs of great social and economic interest.
Sole paragraph. The provision of the final part of item II of paragraph 9 of article 165 of the Constitution shall not apply, in the 1994 fiscal year, to the the Fund established by this article.
Article 72. The Emergency Social Fund is comprised of:
I - the proceeds from the collection of the tax on income and earnings of any nature to be levied at source on payments of any nature effected by the Union, including its autonomous government agencies and foundations;
II - the part of the proceeds from the collection of the tax on urban buildings and urban land property, of the tax on income and earnings of any nature, and of the tax on credit, foreign exchange and insurance transactions, or transactions relating to bonds and securities, resulting from the changes generated by Provisional Measure 419 and from Laws 8,847, 8,849 and 8,848, all dated January 28, 1994, the period in force of the latter being extended to December 31, 1995;
III - the part of the proceeds from the collection due to the increase of the rate of welfare contribution on the profit of taxpayers mentioned in paragraph 1 of article 22 of Law 8,212 of July 24, 1991, which, in the fiscal years of 1994 and 1995 shall be of 30 percent, the other stipulations of Law 7,869 of December 15, 1988 remaining unchanged;
IV - twenty percent of the proceeds from the collection of all taxes and contributions to the Union, except those provided by items I, II and III;
V - the part of the proceeds from the collection of the contribution mentioned in Supplementary Law 7, of September 7, 1970, owed by the juridical entities referred to in item III of this article, which will be calculated, in the fiscal years of 1994 and 1995, through the employment of a rate of seventy five hundredths of one percent on the gross operating income, as defined in the legislation of income tax and earnings of any nature;
VI - other incomes defined in specific legislation.
Paragraph 1 - The rates and calculation base defined in items III and V shall be applied as from the first day of the month following the ninetieth day after the promulgation of this amendment.
Paragraph 2 - The parts referred to in items I, II, III and V shall be previously deducted of the calculation base of any legal or constitutional designation or participation, and the provisions of articles 158, II, 159, 212 and 239 of the Constitution shall not apply to them.
Paragraph 3 - The part referred to in item IV shall be previously deducted from the calculation base of any constitutional or legal designation or participation stipulated by articles 153, paragraph 5, 157, II, 158, II, 212 and 239 of the Constitution.
Paragraph 4 - The provision of the former paragraph shall not apply to the resources provided by article 159 of the Constitution.
Paragraph 5 - The part of the resources originating from the tax on rural property and from the tax on income and earnings of any nature, designated for the Emergency Social Fund, as provided by item II of this article, shall not exceed:
I - in the case of the tax on rural property, eighty six and two-tenths of one percent of the total proceeds from its collection;
II - in the case of the tax on income and earnings of any nature, five and six-tenths of one percent of the total proceeds from its collection.
Article 73. In the regulation of the Emergency Social Fund, the instrument provided by item V of article 59 of the Constitution may not be applied."
ARTICLE 2.- Paragraph 4 of article 2 of the Constitutional Amendment No. 3 of 1993 is hereby revoked.
ARTICLE 3.- This amendment shall come into force on the date of its publication.
Brasília, March 1, 1994.
THE DIRECTING BOARD OF THE NATIONAL CONGRESS: Humberto Lucena, President - Adylson Motta, First Vice-President - Levy Dias, Second Vice-President -Wilson Campos, First Secretary - Nabor Júnior, Second Secretary - Aécio Neves, Third Secretary - Nelson Wedekin, Fourth Secretary.
Official Journal, March 2, 1994.
REVISION CONSTITUTIONAL AMENDMENT NO. 2, 1994
The Directing Board of the National Congress, under the provisions of article 60 of the Federal Constitution, combined with article 3 of the Temporary Constitutional Provisions Act, promulgates the following constitutional amendment:
ARTICLE 1.- The expression "or any chief officers of agencies directly subordinate to the Presidency of the Republic" is added to the text of article 50 of the Constitution, which shall henceforth be in force with the following wording:
"Article 50. The Chamber of Deputies and the Federal Senate, or any of their committees, may summon a Minister of State or any chief officers of agencies directly subordinate to the Presidency of the Republic to personally render
information on a previoulsy determined matter, and this absence without adequate justification shall constitute a crime of malversation."
ARTICLE 2.- The expression "or any of the persons mentioned in the caption of this article" is added to paragraph 2 of article 50, which shall henceforth be in force with the following wording:
"Article 50...
Paragraph 2 - The Directing Boards of the Chamber of Deputies and of the Federal Senate may forward to the Ministers of State, or any of the persons mentioned in the caption of this article, written requests for information, and refusal or non-compliance, within a period of thirty days, as well as the rendering of false information, shall constitute a crime of malversation."
ARTICLE 3.- This Constitutional Amendment shall come into force on the date of its publication.
Brasília, June 7, 1994.
THE DIRECTING BOARD OF THE NATIONAL CONGRESS: Humberto Lucena, President - Adylson Motta, First Vice-President - Levy Dias, Second Vice-President -Wilson Campos, First Secretary - Nabor Junior, Second Secretary - Aécio Neves, Third Secretary - Nelson Wedekin, Fourth Secretary.
Official Journal, June 9, 1994.
ORIGINAL WORDING
Article 50:
"Article 50. The Chamber of Deputies or the Federal Senate, as well as any of their committees may summon a Minister of State to personally render information on a previously determined matter, and this absence without adequate justification shall constitute a crime of malversation.
Paragraph 2 - The Directing Board of the Chamber of Deputies and of the Federal Senate may forward to the Ministers of State written requests for information, and refusal or non-compliance, within a period of thirty days, as well as the rendering of false information, shall constitute a crime of malversation."
REVISION CONSTITUTIONAL AMENDMENT NO. 3, 1994
The Directing Board of the National Congress, under the terms of article 60 of the Federal Constitution, combined with article 3 of the Temporary Constitutional Provisions Act, promulgates the following constitutional amendment:
ARTICLE 1.- Letter c of item I, letter b of item II, paragraph 1 and item II of paragraph 4 of article 12 of the Federal Constitution shall henceforth be in force with the following wording:
"Article 12...
I...
a)...
b)...
c) Those born abroad, of a Brazilian father or a Brazilian mother, provided that they come to reside in the Federative Republic of Brazil and opt for the Brazilian nationality at any time;
II...
a)...
b) foreigners of any nationality, resident in the Federative Republic of Brazil for over fifteen uninterrupted years and without criminal conviction, provided that they apply for the Brazilian nationality.
Paragraph 1 - The rights inherent to Brazilians shall be attributed to Portuguese citizens with permanent residence in Brazil, if there is reciprocity in favour of Brazilians, except in the cases stated in the Constitution.
Paragraph 2...
Paragraph 3...
Paragraph 4...
I...
II - acquires another nationality, save in the cases:
a) of recognition of the original nationality by the foreign law;
b) of imposition of naturalization, under the foreign rules, to the Brazilian resident in a foreign State, as a condition for permanence in its territory, or for the exercise of civil rights."
ARTICLE 2.- This Constitutional Amendment shall come into force on the date of its publication.
Brasília, June 7, 1994.
THE DIRECTING BOARD OF THE NATIONAL CONGRESS: Humberto Lucena, President - Adylson Motta, First Vice-President - Levy Dias, Second Vice-President -Wilson Campos, First Secretary - Nabor Junior, Second Secretary - Aécio Neves, Third Secretary - Nelson Wedekin, Fourth Secretary.
Official Journal, June 9,1994.
ORIGINAL WORDING
Article 12:
"I...
c) those born abroad, of a Brazilian father or a Brazilian mother, provided that they are registered with a competent Brazilian authority, or come to reside in Brazil before reaching majority and, having reached majority, opt for the Brazilian nationality at any time;
II...
b) foreigners of any nationality, resident in the Federative Republic of Brazil for over thirty uninterrupted years and without criminal conviction, provided that they apply for the Brazilian nationality.
Paragraph 1. The rights inherent to born Brazilians shall be attributed to Portuguese citizens with permanent residence in Brazil, if there is reciprocity in favour of Brazilians, except in the cases stated in this Constitution.
Paragraph 4...
II - acquires another nationality by voluntary naturalization."
REVISION CONSTITUTIONAL AMENDMENT NO. 4, 1994
The Directing Board of the National Congress, under the terms of article 60 of the Federal Constitution, combined with article 3 of the Temporary Constitutional Provisions Act, promulgates the following constitutional amendment:
ARTICLE 1.- The expressions: "administrative probity, morality for the exercise of the office, the previous life of the candidate being considered, and", are added to paragraph 9 of article 14 of the Constitution, after the expression "in order to protect", the provision being henceforth in force with the following wording:
"Article 14...
Paragraph 9 - In order to protect the administrative probity, morality for the exercise of the office, the previous life of the candidate being considered, and the normality and legitimacy of the elections against the influence of the economic power or of the abuse in the holding of office, position or job in the direct or indirect public administration, a supplementary law shall establish other cases of ineligibility and the periods for such ineligibilities to cease..."
ARTICLE 2.- This Constitutional Amendment shall come into force on the date of its publication.
Brasília, June 7, 1994.
THE DIRECTING BOARD OF THE NATIONAL CONGRESS: Humberto Lucena, President - Adylson Motta, First Vice-President - Levy Dias, Second Vice-President -Wilson Campos, First Secretary - Nabor Junior, Second Secretary - Aécio Neves, Third Secretary - Nelson Wedekin, Fourth Secretary.
Official Journal, June 9, 1994.
ORIGINAL WORDING
Article 14:
"Paragraph 9 - In order to protect the normality and legitimacy of the elections against the influence of the economic power or of the abuse in the holding of office, position or job in the direct or indirect public administration, a supplementary law shall establish other cases of ineligibility and the periods for such ineligibilities to cease."
REVISION CONSTITUTIONAL AMENDMENT NO. 5, 1994
The Directing Board of the National Congress, under the terms of article 60 of the Federal Constitution, combined with article 3 of the Temporary Constitutional Provisions Act, promulgates the following constitutional amendment:
ARTICLE 1.- In article 82, the expression "five years" is replaced by "four years".
ARTICLE 2.- This Constitutional Amendment shall come into force on January 1, 1995.
Brasília, June 7, 1994.
THE DIRECTING BOARD OF THE NATIONAL CONGRESS: Humberto Lucena, President -Adylson Motta, First Vice-President - Levy Dias, Second Vice-President - Wilson Campos, First Secretary - Nabor Junior, Second Secretary - Aécio Neves, Third Secretary - Nelson Wedekin, Fourth Secretary.
Official Journal, June 9, 1994.
ORIGINAL WORDING
Article 82:
"Article 82. The term of office of the President of the Republic is of five years, the re-election for the subsequent term being forbidden, and the term of office shall commence on January 1 of the year following the year of his election."
REVISION CONSTITUTIONAL AMENDMENT NO. 6, 1994
The Directing Board of the National Congress, under the terms of article 60 of the Federal Constitution, combined with article 3 of the Temporary Constitutional Provisions Act, promulgates the following constitutional amendment:
ARTICLE 1.- Paragraph 4 is added to article 55, with the following wording:
"Article 55...
Paragraph 4 - The resignation of a Congressman submitted to a legal suit that aims at or may lead to loss of mandate, under the provisions of this article, will have its effects suspended until the final deliberations mentioned in paragraphs 2 and 3."
ARTICLE 2.- This Constitutional Amendment shall come into force on the date of its publication.
Brasília, June 7, 1994.
THE DIRECTING BOARD OF THE NATIONAL CONGRESS: Humberto Lucena, President - Adylson Motta, First Vice-President - Levy Dias, Second Vice-President -Wilson Campos, First Secretary - Nabor Junior, Second Secretary - Aécio Neves, Third Secretary - Nelson Wedekin, Fourth Secretary.
Official Journal, June 9,1994.
Source:
Government of Brazil
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