CONSTITUTION OF BRAZIL

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TITLE III. THE ORGANIZATION OF THE STATE

CHAPTER I. THE POLITICAL AND ADMINISTRATIVE ORGANIZATION

Article 18. The political and administrative organization of the Federative Republic of Brazil comprises the Union, the States, the Federal District and the Municipalities, all of them autonomous, as this Constitution provides.
Paragraph 1 - Brasília is the federal capital.
Paragraph 2 - The federal territories are part of the Union and their establishment, transformation into States or reintegration into the State of origin shall be regulated by a supplementary law.
Paragraph 3 - The States may merge into each other, subdivide or dismember to be annexed to others or to form new states or federal territories, subject to the approval of the population directly concerned, by means of a plebiscite, and of the National Congress, by means of a supplementary law.
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.

Paragraph 4: CA nr. 15, September 12th 1996.

Article 19. The Union, the States, the Federal District and the municipalities are forbidden to:
I - establish religious sects or churches, subsidize them, hinder their activities, or maintain relationships of dependence or alliance with them or their representatives, without prejudice to collaboration in the public interest in the manner set forth by law;
II - refuse to honour public documents;
III - create distinctions between Brazilians or preferences favouring some.

CHAPTER II. THE UNION

Article 20. The following are property of the Union:
I - the property which presently belongs to it as well as that which may be attributed to it;
II - the unoccupied lands essential to the defense of the boundaries, the fortifications and military constructions, the federal routes of communication and the preservation of the environment, as defined by law;
III - the lakes, rivers and any watercourses in lands within its domain or that wash more than one State, that serve as boundaries with other countries or that extend into foreign territory or proceed therefrom, as well as bank lands and river beaches;
IV - the river and lake islands in zones bordering with other countries, the sea beaches, the ocean and off-shore islands, excluded the islands which are seats of municipalities, excepted those areas of interest to pubic service and federal environment unity, and those referred to in article 26, II;

Words in purple added by CA 46, May 5th 2005.

V - the natural resources of the continental shelf and of the exclusive economic zone;
VI - the territorial sea;
VII - tide lands and those added to them;
VIII - the hydraulic energy potentials;
IX - the mineral resources, including those of the subsoil;
X - the natural underground cavities and the archaeological and historic sites;
XI - those lands traditionally occupied by the Indians.
Paragraph 1 - In accordance with the law, the participation in the results of the exploitation of petroleum or natural gas, hydric resources for the purpose of generation of electric power and other mineral resources in the respective territory, continental shelf, territorial sea or exclusive economic zone, financial compensation for the exploitation thereof, is assured to the States, Federal District and the municipalities, as well as to agencies of the administration of the Union.
Paragraph 2 - The strip of land up to a hundred and fifty kilometers in width alongside the terrestrial boundaries, designated as boundary zone, considered essential to the defense of the national territory and its occupation and utilization shall be regulated by law.

Article 21. The Union shall have the power to:
I - maintain relations with foreign states and participate in international organizations;
II - declare war and make peace;
III - ensure national defense;
IV - allow foreign forces, in the cases provided for in a supplementary law, to pass through the national territory or to remain therein temporarily;
V - declare a state of siege, a state of defense and federal intervention;
VI - authorize and control the production and trade of military materiel;
VII - issue currency;
VIII - manage the foreign exchange reserves of the country and control financial operations, especially those of credit, exchange and capitalization, as well as insurance and private security;
IX - prepare and carry out national and regional plans for the ordaining of the territory and for economic and social development;
X - maintain the postal service and the national air mail;
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;

Clause XI added by CA 15, August 15th 1995. The former text was more detailed; the present text remits several matters to the law.

XII - operate, directly or through authorization, concession or permission:
a) the services of sound broadcasting and of sound and image broadcasting;

Clause XII added by CA 15, August 15th 1995. Original text included the expression 'and other broadcasting means'.

b) the electric power services and facilities and the energetic exploitation of watercourses, jointly with the states wherein those hydro-energetic potentials are located;
c) air and aerospace navigation and airport infrastructure;
d) railway and waterway services between seaports and national borders or which cross the boundary of a state or territory;
e) interstate and international highway passenger transportation services;
f) sea, river and lake ports;
XIII - organize and maintain the Judicial Power, the Public Prosecution and the Public Legal Defense of the Federal District and territories;
XIV - organize and maintain the civil police, the military police and the fire brigade of the Federal District, as well as providing financial assistance to the Federal District for the execution of public services, by means of an specific fund;

Clause XIV amended by CA 19, June 4th 1998.

XV - organize and maintain the official services of statistics, geography, geology and cartography of national scope;
XVI - classify, for indicative purposes, public entertainment and television programs;
XVII - grant amnesty;
XVIII - plan and promote permanent defense against public disasters, especially droughts and floods;
XIX - establish a national system for the management of hydric resources and define criteria for the concession of the right to their use;
XX - establish directives for urban development, including housing, basic sanitation and urban transportation;
XXI - establish principles and directives for the national transportation system;
XXII - perform the services of maritime, air, and border police;

Clause XIV amended by CA 19, June 4th 1998.

XXIII - operate nuclear energy services and facilities of any nature, exercise state monopoly over research, mining, enrichment and reprocessing, industrialization and trade in nuclear ores and their by-products, taking into account the following principles and conditions:
a) all nuclear activity within the national territory shall only be admitted for peaceful purposes and subject to approval by the National Congress;
b) under regime of permission, authorization is given for the utilization of radioisotopes in research and for medical, agricultural and industrial use;

Letters b, c, and of this clause were amended by CA 49, February 8th 2006. The CA supressed the regime of concession from letter b, removed the expression "as well as for other analogous activities" from letter b, added text of letter c, and turned former letter c into letter d.

c) under regime of permission, authorization is given for production, commercialization and utilization of radioisotopes with half-life equal to or shorter than two hours;

d) civil liability for nuclear damages does not depend on the existence of fault;
XXIV - organize, maintain and carry out inspection of working conditions;
XXV - establish the areas and conditions for the exercise of placer mining activities in associative form.

Article 22. The Union has the exclusive power to legislate on: I - civil, commercial, criminal, procedural, electoral, agrarian, maritime, aeronautical, space and labour law;
II - expropriation;
III - civil and military requisitioning, in case of imminent danger or in times of war;
IV - waters, energy, informatics, telecommunications and radio broadcasting;
V - the postal service;
VI - the monetary and measures systems, metal certificates and guarantees;
VII - policies for credit, foreign exchange, insurance and transfer of values;
VIII - foreign and interstate trade;
IX - guidelines for the national transportation policy;
X - the regime of the ports and lake, river, ocean, air and aerospace navigation;
XI - traffic and transportation;
XII - beds of ore, mines, other mineral resources and metallurgy;
XIII - nationality, citizenship and naturalization;
XIV - Indian populations;
XV - emigration, immigration, entry, extradition and expulsion of foreigners;
XVI - the organization of the national employment system and conditions for the practice of professions;
XVII - the judicial organization of the Public Prosecution and of the Public Legal Defense of the Federal District and of the territories, as well as their administrative organization;
XVIII - the national statistical, cartographic and geological systems;
XIX - systems of savings, as well as of obtaining and guaranteeing popular savings;
XX - consortium and lottery systems;
XXI - general organization rules, troops, material, guarantees, drafting and mobilization of the military police and military fire brigades;
XXII - the jurisdiction of the federal police and of the federal highway and railway polices;
XXIII - welfare;
XXIV - directives and bases of the national education;
XXV - public registers;
XXVI - nuclear activities of any nature;
XXVII - general rules for all types of bidding and contracting, with observance of the art. 37, XXI, in the case of the direct public administration, autarchies and foundations of the Union, States, Federal District and municipalities, and of the art. 173, paragraph 1, III, in the case of public companies and public corporations;

Clause XXVII amended by CA 19, June 4th 1998. The former text made no distinctions between the Administration and the public companies; as consequence, a big company like Petrobrás had to face the same restrictions as a public hospital to sign their contracts.
Read comments about the bidding legislation in Brazil.

XXVIII - territorial defense, aerospace defense, maritime defense, civil defense, and national mobilization;
XXIX - commercial advertising.
Sole paragraph - A supplementary law may authorize the States to legislate upon specific questions related to the matters listed in this article.

Article 23. The Union, the States, the Federal District and the municipalities, in common, have the power:
I - to ensure that the Constitution, the laws and the democratic institutions are respected and that public property is preserved;
III - to provide for health and public assistance, for the protection and safeguard of handicapped persons;
III - to protect the documents, works and other assets of historical, artistic or cultural value, the monuments, the remarkable landscapes and the archaeological sites;
IV - to prevent works of art and other assets of historical, artistic and cultural value from being taken out of the country, destroyed or from being deprived of their original characteristics;
V - to provide the means of access to culture, education and science;
VI - to protect the environment and to fight pollution in any of its forms;
VII - to preserve the forests, fauna and flora;
VIII - to promote agriculture and cattle breeding and organize the supply of foodstuff;
IX - to promote housing construction programs and the improvement of housing and basic sanitation conditions;
X - to fight the causes of poverty and the factors leading to substandard living conditions, promoting the social integration of the unprivileged sectors of the population;
XI - to register, monitor and control the concessions of rights to research and exploit hydric and mineral resources within their territories;
XII - to establish and to implement an educational policy for traffic safety.
Sole paragraph - A supplementary law shall establish rules for the cooperation among the Union and the States, the Federal District and the municipalities aiming at the attainment of balanced development and well- being on a nationwide scope.

Article 24. The Union, the States and the Federal District have the power to legislate concurrently on:
I - tax, financial, penitentiary, economic and urbanistic law;
II - budget;
III - trade boards;
IV - costs of forensic services;
V - production and consumption;
VI - forests, hunting, fishing, fauna, preservation of nature, defense of the soil and natural resources, protection of the environment and control of pollution;
VII - protection of the historic, cultural and artistic heritage, as well as of assets of touristic interest and landscapes of outstanding beauty;
VIII - liability for damages to the environment, to consumers, to assets and rights of artistic, aesthetic, historical, and touristic value, as well as to remarkable landscapes;
IX - education, culture, teaching and sports;
X - establishment, operation and procedures of small claims courts;
XI - judicial procedures;
XII - social security, protection and defense of health;
XIII - legal assistance and public defense;
XIV - protection and social integration of handicapped persons;
XV - protection of childhood and youth;
XVI - organization, guarantees, rights and duties of the civil policies.
Paragraph 1 - Within the scope of concurrent legislation, the competence of the Union shall be limited to the establishment of general rules.
Paragraph 2 - The competence of the Union to legislate upon general rules does not exclude the supplementary competence of the States
Paragraph 3 - If there is no federal law or general rules, the States shall exercise full legislative competence to provide for their peculiarities.
Paragraph 4 - The supervenience of a federal law over general rules suspends the effectiveness of a state law to the extent that the two are contrary to each other.

CHAPTER III. THE FEDERATED STATES

Article 25. The States are organized and governed by the Constitutions and laws they may adopt, in accordance with the principles of this Constitution.
Paragraph 1 - All powers that this Constitution does not prohibit the States from exercising shall be conferred upon them.
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.

Paragraph 2 amended by CA 5, August 15th 1998. The original text determined that the concession should be granted to State companies only. The amendment allowed the privatization of the gas companies.

Paragraph 3 - The States may, by means of a supplementary law, establish metropolitan regions, urban agglomerations and micro-regions, formed by the grouping of adjacent municipalities, in order to integrate the organization, the planning and the operation of public functions of common interest.

Article 26. The property of the States includes:
I - surface or subterranean waters, flowing, emerging or in deposit, with the exception, in this case, of those resulting from work carried out by the Union, as provided by law;
II - the areas, on ocean and coastal islands, which are within their domain, excluding those under the domain of the Union, the municipalities or third parties;
III - the river and lake islands which do not belong to the Union;
IV - the unoccupied lands not included among those belonging to the Union.

Article 27. The number of Deputies in the Legislative Assembly shall correspond to three times the representation of the State in the Chamber of Deputies and, when the number of thirty-six has been reached, it shall be increased by as many members as the number of Federal Deputies exceeding twelve.
Paragraph 1 - The term of office of the State Deputies shall be four years and the provisions of this Constitution shall be applied to them in what refers to the electoral system, inviolability, immunities, remuneration, loss of office, leave of absence, impediments and incorporation into the Armed Forces.
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.

The Paragraph 2 was originally amended by CA 1, March 31st 1993.
Present text was established by CA 19, June 4th 1998.

Paragraph 3 - The Legislative Assemblies shall have the power to provide upon their internal regulations, police and the administrative services of their Secretariat and to fill in the respective offices.
Paragraph 4 - The law shall provide for people´s initiative in the legislative proceedings of the States.

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 l of the following year, in accordance, otherwise, with the provisions of article 77.

Article 28, caput, amended by CA 16, June 4th 1997. The Amendment changed the dates of election and of taking office.

Paragraph 1 - The Governor who takes another post or function in the direct or indirect public administration shall lose his office, with the exception of the taking of office by virtue of public entrance examination and taking into account the provisions in article 38, I, IV and V.

Paragraph 2 - The remuneration of the Governor, Vice-Governor and the State Secretaries shall be fixed by law of initiative of the Legislative Assembly, in accordance with the provisions of arts. 37, XI, 39, paragraph 4, 150, II, 153, III, and 153, paragraph 2, I.

The entire Paragraph 2 was added by CA 19, June 4th 1998.

CHAPTER IV. THE MUNICIPALITIES

Article 29. Municipalities shall be governed by organic law, voted in two readings, with a minimum interval of ten days between the readings, and approved by two-thirds of the members of the Municipal Chamber, which shall promulgate it, observing the principles established in this Constitution, in the Constitution of the respective state and the following precepts:
I - election of the Mayor, Vice-Mayor and Councilmen for a term of office of four years, by means of direct election held simultaneously throughout the country;
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;

Clause II amended by CA 16, June 4th 1997. The Amendment changed the dates of election and of taking office.

III - investiture of the Mayor and Vice-Mayor on January l of the year subsequent to the year of the election;
IV - number of councilmen in proportion to the population of the municipalities, in accordance with the following limits:
a) a minimum of nine and a maximum of twenty-one in municipalities with up to one million inhabitants;
b) a minimum of thirty-three and a maximum of forty-one in municipalities with over one million and under five million inhabitants;
c) a minimum of forty-two and a maximum of fifty-five in municipalities with over five million inhabitants;
V - the remuneration of the Mayor, the Vice-Mayor and the Councilmen stipulated by the Municipal Chamber in each legislature for the subsequent one, in accordance with the provisions set forth in articles 37, XI, 150, II, 153, III, and 153, paragraph 2, I;

The entire Paragraph 2 was added by CA 19, June 4th 1998.

VI - the remuneration of the City Councilmen shall be fixed by the respective Councils each term for the next one, with due regard to this Constitution, observed the established by the respective Organic Laws and the following maximum limits:
a) in municipalities with up to 10,000 (ten thousand) inhabitants, the remuneration of the Councilmen will be of up to 20% (twenty percent) of the remuneration of the State Deputies;
b) in municipalities with 10,001 (ten thousand and one) up to 50,000 (fifty thousand) inhabitants, the remumeration of the Councilmen will be of up to 30% (thirty percent) of the remuneration of State Deputies;
c) in municipalities with 50,001 (fifty thousand and one) up to 100,000 (one hundred thousand) inhabitants, the remumeration of the Councilmen will be of up to 40% (fourty percent) of the remuneration of State Deputies;
d) in municipalities with 100,001 (one hundred thousand and one) up to 300,000 (three hundred thousand) inhabitants, the remumeration of the Councilmen will be of up to 50% (fifty percent) of the remuneration of State Deputies;
e) in municipalities with 300,001 (three hundred thousand and one) up to 500,000 (five hundred thousand) inhabitants, the remumeration of the Councilmen will be of up to 60% (sixty percent) of the remuneration of State Deputies;
f) in municipalities with more than 50,00 (five hundred thousand) inhabitants, the remumeration of the Councilmen will be of up to 75% (fifty-five percent) of the remuneration of State Deputies;

Clause VI and all its letters added by CA 25, February 14th 2000. Before this amendment, the remuneration of councilmen had the same limits as all other political agents (President of Republic, Senators, etc).

VII - The total expenditure with the remuneration of the Councilmen shall not exceed the amount of five percent of the revenue of the Municipality;

Clause VII added by CA 1, March 31st 1992.
The addition of two clauses caused modifications in the numeration of the clauses below, without changes in text.

VIII - inviolability of the Councilmen on account of their opinions, words and votes while in office and within the jurisdiction of the municipality;
IX - prohibitions and incompatibilities, while in the exercise of the office of City Councilman, similar, where applicable, to the provisions of this Constitution for the members of the National Congress and of the Constitution of the respective State for the members of the Legislative Assembly;
X - trial of the Mayor before the Court of Justice;
XI - organization of the legislative and supervisory functions of the Municipal Chamber;
XII - cooperation of the representative associations in municipal planning;
XIII - public initiative in the presenting of bills of specific interest to the municipality, the city or the neighborhoods, by means of the manifestation of at least five percent of the electorate;
XIV - loss of the office of mayor, as provided in article 28, paragraph 1.

Article 29-A. The total expenditure of the Legislative Power of municipalities, included the remuneration of Councilmen and excluded the expenditures with the retired, shall not exceed the following percentages of the summation of the tax revenues and the transfers determined by paragraph 5 of article 153 and by articles 158 and 159, which effectively occurred in the previous year:
I - 8% (eight percent) in Municipalities with a population of up to 100,000 (one hundred thousand) inhabitants;
II - 7% (seven percent) in Municipalities with a population from 100,001 (one hundred thousand and one) up to 300,000 (three hundred thousand) inhabitants;
III - 6% (six percent) in Municipalities with a population from 300,001 (three hundred thousand and one) up to 500,000 (five hundred thousand) inhabitants;
III - 5% (five percent) in Municipalities with a population of over 500,000 (five hundred thousand) inhabitants.
Paragraph 1. The Municipal Council shall not spend more than 70% (seventy percent) of their revenue with pay rolls, included the expenses with remuneration of Councilmen.
Paragraph 2. The following shall constitute crimes of liability by the Mayor:
I - remit funds to the Legislative Power which exceed the limits set forth by this article;
II - do not remit funds to the Legislative Power until the 20th (twentieth) day of each month; or
III - remit funds to the Legislative Power in amount shorter than the prescribed by the Budgetary Law.
Paragraph 3. The disrespect of the prescribed by Paragraph 1 of this article shall constitute crime of liability by the President of the Municipal Council.

Article 29-A included by CA nr. 25, Feb. 14th 2000.

Article 30. The municipalities have the power to: I - legislate upon matters of local interest;
II - supplement federal and state legislations where pertinent;
III - institute and collect taxes within their jurisdiction, as well as to apply their revenues, without prejudice to the obligation of rendering accounts and publishing balance sheets within the periods established by law;
IV - create, organize and suppress districts, with due regard for the State legislation;
V - organize and render, directly or by concession or permission, the public services of local interest, including mass-transportation, which is of essential nature;
VI - maintain, with the technical and financial cooperation of the Union and the state, programs of pre-school and elementary school education;
VII - provide, with the technical and financial cooperation of the Union and the state, health services to the population;
VIII - promote, wherever pertinent, adequate territorial ordaining, by means of planning and control of use, apportionment and occupation of the urban soil;
IX - promote the protection of the local historic and cultural heritage, with due regard for federal and state legislation and supervision.

Article 31. Supervision of the municipality shall be exercised by the municipal legislature, through outside control, and by the internal control systems of the municipal executive branch, in the manner called for by law.
Paragraph l - Outside control of the Municipal Chamber shall be exercised with the assistance of the state or municipal Court of Accounts, or of the Municipal Councils or Courts of Accounts, where they exist.
Paragraph 2 - The prior report, issued by the competent agency, on the accounts to be rendered annually by the Mayor, shall not prevail only by a decision of two-thirds of the members of the City Council.
Paragraph 3 - The accounts of the municipalities shall remain, for sixty days annually, at the disposal, for examination and consideration, of any taxpayer, who may question their legitimacy, as the law provides.
Paragraph 4 - The creation of municipal courts, councils or agencies of accounts is forbidden.

CHAPTER V - THE FEDERAL DISTRICT AND THE TERRITORIES

SECTION I - THE FEDERAL DISTRICT

Article 32. The Federal District, which may not be divided into municipalities, shall be governed by an organic law, voted in two readings, with a minimum interval of ten days, and approved by two-thirds of the Legislative Chamber, which shall enact it, in accordance with the principles set forth in this Constitution.
Paragraph l - The legislative powers reserved to the States and municipalities are attributed to the Federal District.
Paragraph 2 - The election of the Governor and the Vice-Governor, complying with the rules of article 77, and of the District Deputies shall coincide with that of the state Governors and Deputies, for a term of office of the same duration.
Paragraph 3 - The provisions of article 27 apply to the District Deputies and the Legislative Chamber.
Paragraph 4 - A federal law shall provide for the use, by the Government of the Federal District, of the civil and military polices and the military fire brigade.

SECTION II - THE TERRITORIES

Article 33. The law shall provide for the administrative and judicial organization of the territories.
Paragraph 1 - The Territories may be divided into municipalities, to which the provisions of Chapter IV of this Title shall be applied, insofar as pertinent.
Paragraph 2 - The accounts of the Government of the Territory shall be submitted to the National Congress, with the prior opinion of the Court of Accounts of the Union.
Paragraph 3 - In the federal Territories with over a hundred thousand inhabitants, in addition to the Governor, appointed as set forth in this Constitution, there shall be judicial agencies of first and second instances, members of the Public Prosecution and Federal Public Legal Defenders; the law shall provide for the elections to the Territory Chamber and its decision- making powers.

CHAPTER VI - INTERVENTION

Article 34. The Union shall not intervene in the States or in the Federal District, except:
I - to maintain national integrity;
II - to repel foreign invasion or that of one unit of the Federation into another;
III - to put an end to serious jeopardy to public order;
IV - to guarantee the free exercise of any of the powers of the units of the Federation;
V - to reorganize the finances of a unit of the Federation that:
a) stops the payment of Its funded debt for more than two consecutive years, except for reasons of force majeure;
b) fails to deliver to the municipalities the tax revenues established in this Constitution, within the periods of time set forth by law;
VI - to provide for the enforcement of federal law, judicial order or decision;
VII - to ensure compliance with the following constitutional principles:
a) republican form, representative system and democratic regime;
b) rights of the human person;
c) municipal autonomy;
d) rendering of accounts of the direct and indirect public administration

e) the application of the mandatory minimum of the income resulting from State taxes, including those originating from transfers, in the maintenance and development of education and in public health services.

Letter 'e' : CA nr. 29, September 13th 2000, added the words "and in public health services". Notice that this letter had been added to the original text by CA nr. 14, September 12th 1996.

Article 35. The state shall not intervene in its municipalities, neither the Union in the municipalities located in a federal territory, except when:
I - the funded debt is not paid for two consecutive years, without reasons of force majeure;
II - the due accounts are not rendered, in the manner prescribed by law;
III - the minimum required amount of the municipal revenues has not been applied in the maintenance and development of education and in public health services;

The words "and in public health services" were added by CA nr. 29, September 13th 2000.

IV - the Court of Justice grants a petition to ensure observance of the principles indicated in the state Constitution or to provide for the enforcement of the law, judicial order or decision.

Article 36. The issuance of a decree of intervention shall depend:
I - in the case of article 34, IV, on a request from the coerced or impeded Legislative or Executive Power or on a requisition from the Supreme Federal Court, if the coercion is exercised against the Judicial Power;
II - in case of disobedience to a judicial order or decision, on a requisition from the Supreme Federal Court, the Superior Court of Justice or the Superior Electoral Court;
III - on the granting of a petition from the Attorney-General of the Republic by the Supreme Federal Court, in the case of article 34, VII, and in the case of refusal of enforcement of federal law;

Final words added by CA nr. 45, Dec. 8th 2004.

IV -

Clause IV revoked by CA nr. 45, Dec. 8th 2004. Former text of clause IV established the Superior Tribunal of Justice as competent body to decree intervention in cases of refusal of enforcement of federal law; the CA nr. 45 assigned that competence to the Supreme Court.

Paragraph 1 - The decree of intervention, which shall specify the extent, the period and the conditions of enforcement and which, if pertinent, shall appoint the intervenor, shall be submitted to the National Congress or the State Legislative Assembly for consideration, within twenty-four hours.
Paragraph 2 - If the National Congress or the Legislative Assembly are not in session, a special session shall be called within the same twenty- four hours.
Paragraph 3 - In the case of article 34, VI and VII, or article 35, IV, when the consideration by the National Congress or the Legislative Assembly may be waived, the decree shall be limited to suspending the enforcement of the impugned act, if such measure suffices to restore normality.
Paragraph 4 - Upon cessation of the reasons that caused the intervention, the authorities removed from their offices shall return to them, unless there is some legal impediment.

CHAPTER VII. PUBLIC ADMINISTRATION

SECTION I - GENERAL PROVISIONS

Article 37. The direct or indirect public administration of any of the powers of the Union, the States, the Federal District and the municipalities, as well as their foundations, shall obey the principles of lawfulness, impersonality, morality, publicity, efficiency and also the following:

Word "efficiency" included by CA nr. 19, June 4th 1998.

I - public offices, positions and functions are accessible to all Brazilians who meet the requirements established by law, as well as to foreigners, under the conditions set forth by law;

Final words included by CA nr. 19, June 4th 1998.

II - investiture in a public office or position depends on previously passing an entrance examination consisting of tests or tests and presentation of academic and professional credentials, in accordance to the nature and complexity of the office or position, as seth forth by law, except for appointment to a commission office declared by law as being of free appointment and discharge;

Amendment by CA nr. 19, June 4th 1998.

III - the period of validity of a public entrance examination shall be up to two years, extendable once, for a like period of time;
IV - during the unextendable period established in the public call notice, a person who has passed a public entrance examination of tests, or of tests and presentation of academic and professional credentials, shall be called with priority over newly approved applicants, to take an office or position in the career;

V - trusting functions, to be exercized exclusively by civil servants taking effective offices, and the commission offices, to be held by civil servants of the career in the cases, under the conditions and observing minimum percentages seth forth by law, shall be destined only to attributions of direction, management and assistance;

Clause V: CA nr. 19, June 4th 1998.

VI - the right to free union association is guaranteed to civil servants;
VII - the right to strike shall be exercised in the manner and within the limits defined by an specific law;

Word "specific" added by CA nr. 19, June 4th 1998; original text read "supplementary law".

VIII - the law shall reserve a percentage of public offices and positions for handicapped persons and shall define the criteria for their admittance;
IX - the law shall establish the cases of hiring for a limited period of time to meet a temporary need of exceptional public interest;
X - the remuneration of the civil servants and the subside mentioned by paragraph 4 of article 39 shall be determined or altered by specific law, with due regards to the private enterprise in each case, it being assured annual general revision, always on the same date and without distinction of indices;

Clause X: CA nr. 19, June 4th 1998.

XI - the remuneration and the subside of the holders of public offices, functions and positions in the direct administration, autarchies and foundations, of members of all Powers of the Union, States, Federal District and municipalities, of the holders of elective office and of the other political agents as well as the salaries, pensions and any other kind of financial compensation, whether received cumulatively or not, shall not exceed the monthly subside, in legal tender, of the Justices of the Supreme Federal Court, it being the limit, in the case of municipalities, the subside of the Mayor, and in the case of the States, the subside of the Governor in the scope of the Executive Power, the subside of State and Districtal Deputies in the scope of the Legislative Power and the subside of the Justices of the Justice Courts, limited to ninety percent plus twenty five hundredths of the monthly subside, in legal tender, of the Justices of the Supreme Federal Court, in the scope of the Judiciary Power, this limit being also applicable to the case of the members of Public Prosecution, State Attorneys and State Defenders;

Clause XI: CA nr. 41, December 19th 2003. This clause intended to definitively establish a limit to the salaries of all persons who receive payment from the public coffers. Previous attempts failed because of lack of clarity of the legislation; for example, many servants managed to obtain judicial orders (the Judges have always been an interested party in this matter, as they have the highest salaries) to exclude personal advantages from being computed as salaries. This limit is also applicable to the retired; see article 40, paragraph 11.

XII - the salaries for offices of the Legislative and Judicial Powers may not be higher than those paid by the Executive Power;
XIII - the linkage or equalization of salaries, for purposes of the remuneration of the personnel in the public services, is forbidden;

The CA nr. 19, June 4th 1998, removed these words, which appeared in the original text: "except for the provisions of the preceding item and of article 39, paragraph 1;" the paragraph 1 of article 39, which was derrogated by the same CA nr. 19, read: "Paragraph 1 - The law shall guarantee, to the direct administration employees, equal salaries for offices in the same Power with equal or similar duties or between employees of the Executive, Legislative or Judicial Powers, except for advantages of a personal nature and those corresponding to the type of work or the workplace."

XIV - the pecuniary raises received by a civil servant shall not be computed or accumulated for purposes of granting subsequent raises;

The CA nr. 19, June 4th 1998, removed the words in fine of this clause, which used to read "for the same reason or on an identical basis".

XV - the subsides and salaries of holders of public offices and public positions may not be reduced, except when necessary to comply with the provisions of clauses XI and XIV of this article and of the articles 39, paragraph 4, 150, II, 153, III and 153, paragraph 2, I;

CA nr. 19, June 4th 1998

XVI - remunerated accumulation of public offices is forbidden, except in the cases below, provided there is compatibility of working hours, and with observance of clause XI of this article:
a) of two teaching offices;
b) of one teaching office with another technical or scientific office;

Clause XVI, caput and letters 'a' and 'b': CA nr. 19, June 4th 1998

c)of two offices or positions exclusive of health professionals, with regulated professions;

Letter 'c' : CA nr. 34, Dec. 31st. 2001. The original text mentioned only 'doctors'; the amendment extended the permission of accumulation to other health professionals.

XVII - the prohibition to accumulate extends to positions and functions and includes autarchies, foundations, public companies, mixed- capital companies, their affiliates, and societies controlled, directly or indirectly, by the the Government;

CA nr. 19, June 4th 1998

XVIII - the financial administration and its revenue officers shall, within their spheres of authority and jurisdiction, have the right to precedence over the other administrative sectors, as the law provides;

XIX - only by means of an specific law shall an autarchy be created and shall a public company, a mixed capital company and a foundation have their creation authorized, it being necessary, in the latter case, a complementary law to define the scope of action;

CA nr. 19, June 4th 1998

XX - the creation of subsidiaries of the entities mentioned in the preceding clause depends on legislative authorization, in each case, as well as the participation by any of them in a private company;
XXI - with the exception of the cases specified in law, public works, services, purchases and disposals shall be contracted by public bidding proceedings that ensure equal conditions to all bidders, with clauses that establish payment obligations, maintaining the effective conditions of the bid, as the law provides, which shall only allow the requirements of technical and economic qualifications indispensable to guarantee the fulfilling of the obligations;

XXII - the tax administrations of the Union, States, Federal District and municipalities, activities essential to the functioning of the State, exercized by officers in specific careers, shall have priority resources for the execution of their activities and shall have integrated actions, including the sharing of databases and tax inforamtion, as provided by law or by convene.

Clause XXII added by CA nr. 42, Dec. 19th. 2003.

Paragraph 1 - The publicity of the acts, programmes, public works, services and campaigns of Government bodies shall be of educational, informative or social orientation character, and shall not contain names, symbols or images that characterize personal propaganda of Government authorities or employees.
Paragraph 2 - Non-compliance with the provisions of items II and III shall result in the nullity of the act and punishment of the responsible authority, as the law provides.
Paragraph 3 - Complaints relating to the rendering of public services shall be regulated by law.
Paragraph 4 - Acts of administrative dishonesty shall result in the suspension of political rights, loss of public function, prohibition to transfer personal property and reimbursement to the Public Treasury, in the manner and grading established by law, without prejudice to the applicable criminal action.
Paragraph 5 - The law shall establish the limitations for illicit acts, performed by any agent, whether or not a Government employee, which cause losses to the Public Treasury, without prejudice to the respective claims for reimbursement.
Paragraph 6 - Public legal entities and private legal entities rendering public services shall be liable for damages that any of their agents, acting as such, cause to third parties, ensuring the right of recourse against the liable agent in cases of malice or fault.

Paragraph 7 - The law shall provide for the conditions and restriction imposed to the civil servant or public employee with access to classified information.

Paragraphs 7, 8, 9 and 10 added by CA 19, June 4th 1998.

Paragraph 8 - The management, budgetary and financial autonomy of bodies and entities of direct and indirect administration may be extended by means of a contract, to be firmed between their administrators and the Public Power, with the purpose of establishing performance goals for the body or entity, it being incumbent to the law to provide for:
I - the term of the contract;
II - the controls and criteria for evaluation of the performance, rights, duties and accountabilities of the managers;
III - the remuneration of the personnel.
Paragraph 9 - The provisions of Clause XI shall apply to public companies and mixed capital corporations, and their affiliates, which receive remittances from the Union, States, Federal District or municipalities for payment of personnel or general current expenses.
Paragraph 10 - The simultaneous perception of retiring compensations derived from article 40 or articles 42 and 142 with the remuneration of the public office, employment or position is prohibited, excepted the cases of accumulation provided for by this Constitution, the elective offices and the comission offices declared in law as of free appointment and dismissal.
Paragraph 11 - The monies of indemnificatory nature shall not be considered into the remuneratory limits subject of clause XI of this article.

Paragraphs 11 and 12 added by CA 47, July 5th 2005.

Paragraph 12 - For the purposes of the provisions of clause XI of this article, the States and Federal District shall be allowed to fix, within their jurisdiction, by means of amendments to the respective Constitutions and Organic Law, as sole limit, the monthly subside of the Justices of the respective State Court, limited to ninety percentage points plus twenty-five hundreths of percentage points of the monthly subside of the Justices of the Supreme Federal Court, this paragraph not being applicable to the subsides of State Deputies, Districtal Deputies and councilmen.

Article 38. The civil servants of the direct administration, autarchies and foundations, when holding an elective office, are subject to the following:

Caput of art. 38 : CA nr. 19, June 4th 1998.

I - in the case of a federal, state or district elective office, he shall leave his office, position or function;
II - if vested with the office of Mayor, he shall take leave from his post, position or function and he may opt for the corresponding remuneration;
III - if vested with the office of City Councilman, if there is compatibility of working hours, he shall receive the benefits of his post, position or function, without prejudice to the remuneration of his elective office and in the case there is no such compatibility, the provisions of the preceding item shall be applied;
IV - in any case requiring leave of absence for the exercise of an elective office, his time of service shall be counted in full, for all legal effects, except for promotion by merit;
V - for purposes of social security benefits, in the case of leave of absence, the amounts shall be established as if he were in activity.

SECTION II - CIVIL SERVANTS

Article 39. The Union, the States, the Federal District and the municipalities shall institute a council for policy of administration and remuneration of personnel, composed by civil servants appointed by the respective Powers.

Paragraph 1 - The definition of levels of salaries and other components of remuneratory system shall observe:
I - the nature, the degree of responsibility and the complexity of the offices which compose each career;
II - the requisites for investiture;
III - the peculiarities of the offices.

Paragraph 2 - The Union, the States and the Federal District shall maintain schools of government for the formation and improvement of the civil servants, the participaticion in courses being one of the requisites for promotion in the career, being allowed, for such, the signing of covenants or contracts between the entities of the Federation.

Caput, paragraphs 1 and 2: CA nr. 19, June 4th 1998.

Paragraph 3 - The provisions of article 7, IV, VII, VIII, IX, XII, XIII, XV, XVI, XVII, XVIII, XIX, XX, XXII, XXIII and XXX shall apply to these employees.

CA nr. 19, June 4th 1998, removed the item VI (irreducibility of salaries) from this paragraph.
The items of this paragraph refer, respectively, to the following rights: minimum salary; guarantee of salary; bonus (13th) salary; increase of salary of night shift; family allowance; limits of shift duration; paid weekly leave; increase of salary of overtime working; annual vacation; maternity leave; paternity leave; protection of labour market for women; reduction of work related risks; prohibition of difference in wages.

Paragraph 4 - The member of a Power, the holder of elective office, the Ministers of State and the Secretaries of the States and municipalities shall be remunerated exclusively by subside determined in sole parcel, it being phohibited the addition of any gratification, additional, bonus, premium, representation allowance or any other kind of remuneration, with compliance, in any case, to the provisions of art. 37, X and XI.

Paragraph 5 - Law of the Union, States, Federal Distric of municipalities may establish a ratio between the highest and the lowest remuneration of civil servants, with compliance, in any case, to the provisions of art. 37, XI.

Paragraph 6 - The Executive, Legislative and Judiciary Powers shall publish annually the values of the subsides and remunerations of all public offices and positions.

Paragraph 7 - Law of the Union, States, Federal Distric of municipalities shall discipline the application of budgetary resources derived from savings with current expenses of each body, autarchy and foundation, for application in the development of programs of quality and productivity, training and development, modernization, refurbishment and rationalization of public service, including by means of an additional or bonus for productivity.

Paragraph 8 - The remuneration of civil servants organized in careers may be established in accordance to the provisions of paragraph 4.

Paragraphs 4, 5, 6, 7, and 8 added by CA nr. 19, June 4th 1998.

Article 40. Civil servants holding effective offices of the Union, the States, Federal District and municipalities, including autarchies and foundations, shall have rights to a social security regime, in a solidaire and contributive system, by means of contributions from the respective public entity, the active and retired servants and the pensionists, observing criteria to preserve the financial and long term balances and the dispositions of this article.

Article 40 and paragraphs were radically changed by CA 20, December 15th 1998, and CA 41, December 19th 2003. This article covers the social security system of the civil servants. The deficit of this system is the main cause of deficit in public budgets. Before CA 41, the system was participative, meaning that, regardless of how much the servant had contributed, the benefits were the same; only after CA 41 did the system become contributive, meaning that the benefits would be proportional to the contributions. Notice that CA 20 also made significant amends to article 201 of this Constitution, which regulates the social security of the employees of the private sector.

Paragraph 1. The servants included in the social security system subject of this article shall retire, with pensions calculated according to the provided for in paragraphs 3 and 17:

Paragraph 1 amended by CA 41, December 19th 2003.

I - for permanent disability, with pensions proportional to time of contribution, except in the cases of work accident, professional disease or a serious, contagious or incurable illness, as specified by law;

Clause I amended by CA 41, December 19th 2003.

II - compulsorily, at seventy years of age, with a pension proportional to the period of service;

Clause II amended by CA 20, December 15th 1998.

III - voluntarily, provided that a minimum term of ten years of effective office in public service and five years in the office in which the retirement will take place had been served, with observance of the following conditions:

Clause III amended by CA 20, December 15th 1998.

a) at age of sixty and upon thirty-five years of service, if a man, and at age fifty-five and upon thirty years, if a woman;

Text in purple added by CA 20, December 15th 1998.

b) at age of sixty-five, if man, and sixty, if woman, with pensions proportional to the period of contribution;

Letter b added by CA 20, December 15th 1998. The entire Clause III aimed at delaying the retirement of servants. Minimum ages were introduced, as well as minimum terms in public offices. Also, the CA changed the conditions for retirement of teachers (see paragraph 5 below). Read more at the end of this article.

Paragraph 2. The retirement compensation and the pension, at time of granting, shall not exceed the remuneration of the servant, in the office in which the retirement occurred or which was reference for the granting of the pension.

Text in purple added by CA 20, December 15th 1998.

Paragraph 3. The assessment of the retirement compensation, at time of granting, shall consider the remunerations used as reference to assess the contributions by the servant to the social security regime subject of this article and article 201, as prescribed by law.

Paragraph 3 added by CA 41, December 19th 2003.

Paragraph 4. The adoption of different requirements and criteria for granting of retirement to the participants of the regime subject of this article is prohibited, except in the cases, as prescribed by supplementary law, of servants:
I - handicapped;
II - who exercize activies of risk;
III - whose activities are conducted under special conditions, prejudicial to health or physical integrity.

Paragraph 4 added by CA 20, December 15th 1998 (introduced clause III), and amended by CA 45, July 5th 2005 (introduced clauses I and II).

Paragraph 5. The requirements of age and time of contribution established by paragraph 1, III, a, shall be reduced in five years, in the case of teachers who served exclusively in effective offices with educational functions in infant education and elementary and intermediary teaching.

Paragraph 6. Except in the cases of retirement of offices with permitted accumulation as determined by this Constitution, the granting of more than one retirement in account of the social security regime established by this article is prohibited.

Paragraphs 4, 5 and 6 amended by CA 20, December 15th 1998. Accumulation of offices: see article 37, XVI.

Paragraph 7. The law shall provide for the granting of pension benefits by death, which shall be equal to:
I - the amount of the total compensation of the deceased servant, up until the maximum limit established for the benefits of the general regime of social security mentioned by article 201, plus seventy percent of the amount which exceed this limit, if the servant is retired at time of deceasing; or
II - the amount of the total remuneration of the servant in the office held at time of deceasing, up until the limit established for the benefits of the general regime of social security mentioned by article 201, plus seventy percent of the amount which exceed this limit, if the servant is retired at time of deceasing.

Paragraph 7 amended by CA 41, December 19th 2003.

Paragraph 8. The readjustment of benefits in order to preserve, in a permanent way, its real value, is mandatory, following criteria determined by law.

Paragraph 8 amended by CA 41, December 19th 2003.

Paragraph 9. The period of contribution to Federal, State or municipal entities shall be considered for retirement effects, and the respective periods of office shall be considered for disponibility effects.

Paragraph 9 amended by CA 20, December 15th 1998.

Paragraph 10. The law shall not establish any means of ficticious time of office.

Paragraph 10 amended by CA 20, December 15th 1998.

Paragraph 11. The limit set forth by art. 37, XI, shall be imposed to the total remuneration of retirement, including those derived from accumulation of public offices or positions, as well as other activities subject to contribution to the general regime of social security, and to the amount resultant from the addition of retirement benefits with the remuneration of office accumulated as permitted by this Constitution, offices declared by law as of free appointment and dismissal, and elective offices.

Paragraph 11 amended by CA 20, December 15th 1998. Article 37, XI, attempts to establish a limit to payments by public coffers. In the past, the lack of clarity allowed double interpretation (particularly by Judges, a party interested in the matter, as their salaries are among the highest in Brazil) which caused that limit to be frequently disobeyed. In an attempt to close these leap holes, all the norms regarding this matter became very detailed. See also article 37, XI.

Paragraph 12. In addition to the provisions of this article, the regime of social security of the civil servants holders of effective offices shall respect, when applicable, the requirements and criteria established for the general regime of social security.

Paragraph 12 amended by CA 20, December 15th 1998.

Paragraph 13. The servant holding, exclusively, comissioned offices declared by law as of free appointment and dismissal, as well as those holding other temporary offices or public positions, shall be submitted to the general regime of social security.

Paragraph 13 amended by CA 20, December 15th 1998.

Paragraph 14. The Union, States, Federal District and municipalities, provided that they institute a regime of supplementary social security for their servants holders of effective offices, shall be allowed to establish, for the payment of retirements and pensions granted under the regime subject of this article, the maximum limit set forth for the benefits of the general regime of social security in accordance with article 201.

Paragraph 14 amended by CA 20, December 15th 1998.

Paragraph 15. The regime of supplementary social security mentioned in paragraph 14 shall be instituted by law of initiative of the respective Executive Power, observing, when applicable, the provisions of art. 202 and paragraphs, by means of restricted entities of supplementary social security, of public nature, which shall offer to the respective participants only benefit plans of the kind of defined contribution.

Paragraph 15 amended by CA 41, December 19th 2003. Very controversial. This paragraph, for the first time, instituted the figure of a private social security system for public servants. See also paragraph 18.

Paragraph 16. In the case of servants who entered public service before the date of publication of the act which instituted the regime of supplementary social security, the provisions of paragraphs 14 and 15 shall be applicable only after previous and express concordance of the servant.

Paragraph 16 amended by CA 20, December 15th 1998.

Paragraph 17. All amounts of remuneration considered for the assessment of benefits as described in paragraph 3 shall be readjusted, as prescribed by law.

Paragraph 15 amended by CA 41, December 19th 2003.

Paragraph 18. A contribution to the social security shall be levied on the payments of retirements and pensions granted by the regime subject of this article which exceed the maximum limit established for the payments of the general regime of social security mentioned in art. 201, the percentage of the contribution being equal to that establishe for the servants holding effective offices.

Paragraph 18 amended by CA 41, December 19th 2003. Very controversial. This article determined that retired servants whose payments were above a treshold should pay contributions to the security system. The threshold, around R$ 2,700 or about ten minimum wages, was so high that the vast majority of servants was exempt from the contribution; the higher classes of servants, however, vocally protested against this paragraph and paragraph 15, which they considered to be "the privatization of social security in Brazil".

Paragraph 19. The servant who had met the requirements for voluntary retirement set forth by paragraph 1, II, a, and opt for continuing in office shall receive a bonus equal to the amount of his contribution to the social security system, until he meets the conditions for compulsory retirement set forth by paragraph 1, II.

Paragraph 19 amended by CA 41, December 19th 2003.

Paragraph 20. It is prohibited the existence of more than one regime of social security for servants holders of effective offices, as well as the existence of more than one managing institution for the respective regime in each government level, excepted the provisions of the article 142, paragraph 3, X.

Paragraph 20 amended by CA 41, December 19th 2003.

Original text of this article:
A civil servant shall go into retirement:
I - for permanent disability, receiving full pension if such disability results from a work accident, professional disease or a serious, contagious or incurable illness, as specified by law, and proportional pension in all other cases;
II - compulsorily, at seventy years of age, with a pension proportional to the period of service;
III - voluntarily:
a) upon thirty-five years of service, if a man, and upon thirty years, if a woman, with full pay;
b) upon thirty years of effective exercise in teaching positions, if a man, and upon twenty-five years, if a woman, with full pay;
c) upon thirty years of service, if a man, and upon twenty-five years, if a woman, with pay in proportion to this period;
d) at sixty-five years of age, if a man, and at sixty, if a woman, with pay in proportion to the period of service.
Paragraph 1 - A supplementary law may establish exceptions to the provisions of item III, a and c, in the case of the exercise of activities considered strenuous, unhealthy or dangerous.
Paragraph 2 - The law shall provide for retirement in temporary offices or positions.
Paragraph 3 - The period of federal, state or municipal public service shall be calculated in full for purposes of retirement and placement on paid availability
Paragraph 4 - The retirement pension shall be revised, in the same proportion and on the same date, whenever the remuneration of the servants in activity is changed, and any benefits or advantages subsequently granted to the servants in activity shall also be extended to the retired servants, including those resulting from the transformation or reclassification of the office or function from which they retired, as the law provides.
Paragraph 5 - The benefit of pension for death shall correspond to the full salary or earnings of the deceased employee, up to the limit established in law, complying with the provisions of the preceding paragraph.
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.

Paragraph 21. In case the beneficiary suffers of disabiliting disease, as provided by law, the contribution provided for by the paragraph 18 of this article shall levy only the portions of payments of retirement and pension which exceed the double of the maximum limit established for the payments of the general regime of social security subject of article 201 of this Constitution.

Paragraph 6 added by CA 47, July 5th 2005.

Article 41. Civil servants employed by virtue of public entrance examinations acquire tenure after three years of actual service.

CA nr. 19, June 4th 1998, changed original text from 'two years' to 'three years'.

Paragraph l - A tenured civil servant shall only lose his office:
I - by force of an unappealable judicial decision;
II - by means of an administrative process, in which he is assured ample defense;

III - by means of a periodical proceeding of performance evaluation, according to provisions seth forth by complementary law, ample defense being assured.

Item III added by CA nr. 19, June 4th 1998.

Paragraph 2 - If the dismissal of a tenured civil servant is voided by a judicial decision, he shall be reinstated, and the occupant of the vacancy, if tenured, shall be led back to his original office, with no right to indemnity, taken to another office or placed on paid availability with remuneration proportional to time in service.

Paragraph 3 - If the office is declared extinct or unnecessary, a tenured civil servant shall remain on paid availability, with remuneration proportional to time in service, until he is adequately placed in another office.

Paragraphs 2 and 3 altered by CA nr. 19, June 4th 1998.

Paragraph 4 - As condition for acquisition of tenure, it is mandatory the special evaliation of performance by a comission created with this finality.

Paragraph 4 added by CA nr. 19, June 4th 1998.

SECTION III - THE MILITARY OF THE STATES, OF THE FEDERAL DISTRICT AND OF THE TERRITORIES

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 9; 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.

Caput and paragraph 1: CA nr. 15, Feb. 5th 1998. The original text had mentions to the Federal military forces, which were supressed from this article.

Paragraph 2. To the pensionists of the militaries of the States, Federal District and Territories, shall be applied the provisions seth forth by specific law of the respective state entity.

Paragraph 2: CA nr. 41, Dec. 19th 2002.

SECTION IV - THE REGIONS

Article 43. For administrative purposes, the Union may co-ordinate its action in one same social and geo-economic complex, seeking to attain its development and to reduce regional inequalities.
Paragraph 1 - A supplementary law shall provide for:
I - the conditions for the integration of developing regions;
II - the composition of the regional agencies which shall carry out, as provided by law, the regional plans included in the national social and economic development plans approved concurrently;
Paragraph 2 - The regional incentives shall include, besides others, as prescribed by law:
I - equality of tariffs, freight rates, insurance and other cost and price items which are within the responsibility of the Government;
II - favoured interest rates for the financing of priority activities;
III - exemptions, reductions or temporary deferment of federal taxes owed by individuals or by legal entities;
IV - priority in the economic and social use of rivers and dammed or dammable water masses in low-income regions subject to periodical droughts.
Paragraph 3 - In the areas referred to in paragraph 2, IV, the Union shall grant incentives to the recovery of arid lands and shall cooperate with small and medium-size rural landowners in the implementing of water sources and small-scale irrigation in their tracts of land.