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Amendments to the Constitution of the Federative Republic of Brazil, 1992-2017 (Brazil [br])

Amendments to the Constitution of the Federative Republic of Brazil, 1992-2017 (Brazil [br])

© 2018 Keith S. Rosenn

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved. Subscriber: null; date: 22 January 2019

 

Constitutional Amendment No. 1 of March 31, 1992

Provides for remuneration of State Representatives and Aldermen.

The Executive Committees of the Chamber of Deputies and the Federal Senate, under the terms of § 3° of art. 60 of the Federal Constitution, promulgate the following amendment to the constitutional text:

Art. 1.  § 2° of art. 27 of the Constitution shall be hereafter in force with the following wording:

“Art. 27. 

§ 2°.  The remuneration of State Representatives shall be fixed by the Legislative Assembly of each legislature for the following legislature, observing the provisions of arts. 150, II, 153, III and 153, § 2°, I, at a maximum of seventy-five percent of that established, in specie, for Federal Deputies. …”

Art. 2.  The following subparagraphs, VI and VII, are added to art. 29 of the Constitution, renumbering the others:

“Art. 29. 

  1. VI— the remuneration of Aldermen shall correspond to a maximum of seventy-five percent of that established for State Representatives, in specie, except as provided in art. 37, XI;

  2. VII— total expenditures for remuneration of Aldermen may not exceed five percent of the revenues of the County. …”

Art. 3.  This Constitutional Amendment shall enter into force on the date of its publication.

Brasília, March 31, 1992

Signatures Omitted

Constitutional Amendment No. 2 of August 25, 1992

Provides for the plebiscite called for in art. 2° of the Transitional Constitutional Provisions Act.

The Executive Committees of the Chamber of Deputies and the Federal Senate, under the terms of § 3° of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Sole Article.  The plebiscite called for in art. 2° of the Transitional Constitutional Provisions Act shall be held on April 21, 1993.

§ 1°.  The form and system of government determined by the plebiscite shall take effect on January 1, 1995.

§ 2°.  The law shall provide for holding the plebiscite, including the gratuitous dissemination of the forms and systems of government, through the means of mass communications by concessionaires or those with permission from the public service, assuring equality of time and equivalence with respect to the timing.

§ 3°.  The rule consistent with the prior paragraph shall not exclude the jurisdiction of the Superior Electoral Tribunal to issue necessary instructions for the holding of the plebiscite.

Brasília, August 25, 1992

Signatures Omitted

Constitutional Amendment No. 3 of March 17, 1993

Changes provisions of the Federal Constitution.

The Executive Committees of the Chamber of Deputies and the Federal Senate, under the terms of § 3° of art. 60 of the Federal Constitution, promulgate the following amendment to the constitutional text:

Art. 1.  The provisions of the Federal Constitution enumerated below shall be hereafter in force with the following changes:

“Art. 40. 

§ 6°.  Retirement and pensions of federal civil servants shall be funded with money coming from the Union and the contributions of the civil servants, as provided by law. …”

“Art. 42. 

§ 10°.  The provisions of art. 40, §§ 4°, 5° and 6° apply to the servicemen referred to in this article and to their pension beneficiaries. …”

“Art. 102. 

  1. I— 

    1. a)  direct actions of unconstitutionality of federal or state normative acts or declaratory actions of constitutionality of federal laws or normative acts; …”

“§ 1°.  Allegation of disobedience of a fundamental precept stemming from this Constitution shall be heard by the Supreme Federal Tribunal, as provided by law.

§ 2°.  The Supreme Federal Tribunal’s definitive decisions on the merits in declaratory actions of constitutionality of federal laws or normative acts shall have erga omnes effects and shall be binding with respect to the rest of the Judiciary and the Executive.”

“Art. 103. 

§ 4°.  A declaratory action of constitutionality may be brought by the President of the Republic, the Executive Committee of the Federal Senate, the Executive Committee of the Chamber of Deputies or the Procurator General of the Republic. …”

“Art. 150. 

§ 6°.  Any subsidy or exemption, reduction in the basis of calculation, concession of a presumed credit, amnesty or remission involving taxes, fees or contributions, may be granted only through a specific Federal, State or County law that exclusively regulates the above enumerated matters or corresponding tax or assessment, without prejudice to the provisions of art. 155, § 2°, XII, g.

§ 7°.  A law may impose liability upon the taxpayer for payment of a tax or assessment whose taxable event may occur afterwards, assuring the immediate and preferential restitution of the amount paid should the presumed taxable event not occur. …”

“Art. 155.  The States and the Federal District have the power to impose taxes on:

  1. I— transfers causa mortis and donations of any property or rights;

  2. II— transactions relating to circulation of goods and the performance of services of interstate and inter-county transportation and communications, even when the transactions and performance begin abroad;

  3. III— ownership of automotive vehicles.

§ 1°.  The tax provided for in subparagraph I: …

§ 2°.  The tax provided for in subparagraph II shall conform to the following: …

§ 3°.  Except for the taxes referred to in subparagraph II of the initial paragraph of this article and in art. 153, I and II, no other tax shall be imposed upon transactions involving electric energy, telecommunication services, petroleum by-products, fuels and minerals of the Country.”

“Art. 156. 

  1. III— services of any nature not included in art. 155, II, as defined in a complementary law. …

§ 3°.  With respect to the tax provided for in subparagraph III, a complementary law shall:

  1. I— set maximum rates;

  2. II— exclude from its application export of services.”

“Art. 160. 

Sole paragraph.  This prohibition does not prevent the Union and the States from conditioning delivery of funds upon payment of their loans, including those of their autarchies.”

“Art. 167. 

  1. IV— bind receipt of tax revenues to an agency, fund or expenditure, except for apportionment of the proceeds from collection of taxes referred to in arts. 158 and 159, allocation of funds for the maintenance and development of education, as determined by art. 212, and guaranteeing of loans by anticipating revenues, as provided for in art. 165, § 8°, as well as the provisions in § 4° of this article; …

§ 4°.  Binding one’s own receipts generated by the taxes referred to in arts. 155 and 156, and of the resources referred to in arts. 157, 158 and 159, I, a and b, and II, is permitted as a guarantee or counter-guarantee to the Union and for payment of debts owed to it.”

Art. 2.  In accordance with a complementary law in effect until December 31, 1994, the Union may institute a tax on the movement or transfer of funds and credits and rights of a financial nature.

§ 1°.  The rate of the tax referred to in this article shall not exceed twenty-five hundredths of one percent, and the Executive shall have the power to reduce or reestablish it totally or partially, on conditions and limits fixed by law.

§ 2°.  Neither art. 150, III, b, and VI, nor the provision of § 5° of art. 153 of the Constitution shall apply to the tax referred to in this article.

§ 3°.  Receipts from the collection of the tax referred to in this article shall not be subject to any manner of division with any other federative entity.

§ 4°.  [Repealed].1

Art. 3.  Elimination of the income tax surcharge from the jurisdiction of States, stemming from this constitutional Amendment, shall take effect only after January 1, 1996, reducing the corresponding rate by at least two and one-half percent in fiscal year 1995.

Art. 4.  Elimination of the tax on retail sales of liquid and gas fuels from the Counties’ jurisdiction stemming from this Constitutional Amendment shall take effect starting only on January 1, 1996, reducing the corresponding rate to no more than one and one-half percent during the fiscal year 1995.

Art. 5.  Until December 31, 1999, the States, Federal District, and Counties may only issue certificates of public debt in amounts necessary to refinance the duly updated principal of their obligations represented by this type of negotiable instrument, except for the provision of art. 33, sole paragraph, of the Transitional Constitutional Provisions Act.

Art. 6.  Subparagraph IV and § 4° of art. 156 of the Federal Constitution are repealed.

Brasília, March 17, 1993

Signatures Omitted

Constitutional Amendment No. 4 of September 14, 1993

Rewords art. 16 of the Federal Constitution.

The Executive Committees of the Chamber of Deputies and the Federal Senate, under the terms of § 3° of art. 60 or the Federal Constitution, promulgate the following amendment to the constitutional text:

Sole paragraph.  Art. 16 of the Federal Constitution shall be hereafter in force with the following wording:

“Art. 16.  A law altering the electoral process shall enter into force on its publication date and shall not apply to elections that occur within one year from the date it enters into force.”

Brasília, September 14, 1993

Signatures Omitted

Constitutional Amendment of Revision No. 1 of March 1, 1994

The Executive Committee of the National Congress, in the terms of art. 60 of the Federal Constitution, combined with art. 3 of the Transitional Constitutional Provisions Act, promulgates the following constitutional amendment:

Art. 1.  Arts. 71, 72 and 73 shall be included in the Transitional Constitutional Provisions Act, with the following wording:

“Art. 71.  For purposes of financial restoration of the Federal Treasury and economic stabilization, the Emergency Social Fund shall be instituted in fiscal years 1994 and 1995. Its resources shall be applied to funding actions of the systems of health and education, social security benefits and continuous assistance payments, including liquidation of social security liabilities and other payments of relevant social and economic interest.

Sole paragraph.  The provisions in the final part of subparagraph II of § 9° of art. 165 of the Constitution shall not apply to the Fund created by this article during fiscal year 1994.”

“Art. 72.  The Emergency Social Fund shall be made up of:

  1. I— proceeds from collection of the Tax on Income and Benefits of Any Nature withheld at the source on any type of payments made by the Union, including its autarchies and foundations;

  2. II— the portion of the proceeds from collection of the Tax on Rural Territorial Property; the Tax on Income and Benefits of Any Nature; and the Tax on Credit Transactions, Foreign Exchange Operations, Insurance, and Transactions Relating to Negotiable Instruments and Securities, stemming from the changes produced by Provisional Measure No. 419 and by Laws Nos. 8.847, 8.849 and 8.848, all of January 28, 1994, extending the period the last is in force until December 31, 1995;

  3. III— the portion of the proceeds from collection of the increased rate of the assessment on taxpayers’ profits referred to in § 1° of art. 22 of Law No. 8.212 of July 24, 1991, which, during fiscal years 1994 and 1995, becomes thirty percent, maintaining the other rules of Law No. 7.689 of December 15, 1988;

  4. IV— twenty percent of the proceeds collected from all the Union’s taxes and assessments, except those provided for in subparagraphs I, II and III.

  5. V— the portion of the proceeds from collection of the assessment referred to in Complementary Law No. 7 of September 7, 1970, owed by legal entities referred to in subparagraph III of this article, which shall be calculated, during fiscal years 1994 and 1995, by application of a rate of seventy-five hundredths of one percent on operational gross receipts, as defined in the legislation of the Tax on Income and Benefits of Any Nature;

  6. VI— other receipts provided for by specific law.

§ 1°.  The rates and basis of calculation provided in subparagraphs III and V shall apply, starting from the first day of the month, ninety days after promulgation of this Amendment.

§ 2°.  The portions that subparagraph I, II, III and V refer to shall be previously deducted from the basis of calculation of any constitutional or legal link or participation, not applying to them the provisions of arts. 158, II, 159, 212 and 239 of the Constitution.

§ 3°.  The portion that subparagraph IV refers to shall be previously deducted from the basis of calculation of the constitutional link or participation provided for in arts. 153 § 5°, 157, II, 158, II, 212 and 239 of the Constitution.

§ 4°.  The provision of the prior paragraph shall not apply to the funds provided for in art. 159 of the Constitution.

§ 5°.  The portion of the funds coming from the Tax on Rural Territorial Property and the Tax on Income and Benefits of Any Nature destined for the Emergency Social Fund, in the terms of subparagraph II of this article, shall not exceed:

  1. I— in the case of the Tax on Rural Territorial Property, eighty-six and two-tenths percent of the total amount collected;

  2. II— in the case of the Tax on Income and Benefits of Any Nature, five and six-tenths percent of the total amount collected.”

“Art. 73.  The instrument provided for in subparagraph V of art. 59 of the Constitution may not be utilized in regulating the Emergency Social Fund.”

Art. 2.  § 4° of art. 2 of Constitutional Amendment No. 3 of March 17, 1993 is repealed.

Art. 3.  This Amendment shall enter into force on the date of its publication.

Brasília, March 1, 1994

Signatures Omitted

Constitutional Amendment of Revision No. 2 of June 7, 1994

The Executive Committee of the National Congress, in the terms of art. 60 of the Federal Constitution, combined with art. 3 of the Act of Transitional Constitutional Provisions, promulgates the following constitutional amendment:

Art. 1.  The expression “or any chief officer of an agency directly subordinate to the Presidency of the Republic” is added to the text of art. 50 of the Constitution, which shall be hereafter in force with the following wording:

“Art. 50.  The Chamber of Deputies and the Federal Senate, or any of their Committees, may summon a Minister of the Federal Government or any chief officer of an agency directly subordinated to the Presidency of the Republic to testify in person on a predetermined matter. Failure to appear without adequate justification shall constitute an impeachable offense.”

Art. 2.  The expression “or any of the persons referred to in the initial paragraph of this article” is added to § 2° of art. 50, which shall be hereafter in force with the following wording:

“Art. 50.   …

§ 2°.  The Executive Committees of the Chamber of Deputies and the Federal Senate may send written requests for information to the Ministers of the Union or any person referred to in the initial paragraph of this article. Refusal or noncompliance with such request within a period of thirty days, as well as the rendering of false information, constitutes an impeachable offense.”

Art. 3.  This Constitutional Amendment shall enter into force the day of its publication.

Brasília, June 7, 1994

Signatures Omitted

Constitutional Amendment of Revision No. 3 of June 7, 1994

The Executive Committee of the Federal Congress, in the terms of art. 60 of the Federal Constitution, combined with art. 3 of the Transitional Constitutional Provisions, promulgates the following constitutional amendment:

Art. 1.  Subpart “c” of subparagraph I, subpart “b” of subparagraph II, § 1°, and subparagraph II of § 4° of art. 12 of the Federal Constitution shall be hereafter in force with the following wording:

“Art. 12. 

  1. I— 

    1. a) 

    2. b) 

    3. c)  those born abroad of a Brazilian father or mother, so long as they come to reside in the Federal Republic of Brazil and opt for Brazilian nationality at any time.

  2. II— 

    1. a) 

    2. b)  foreigners of any nationality, resident in the Federative Republic of Brazil for more than fifteen uninterrupted years and without any criminal conviction, provided they request Brazilian nationality.

§ 1°.  Rights inherent to Brazilians shall be attributed to Portuguese permanently resident in the Country if Brazilians are afforded reciprocal treatment, except in the cases provided for in this Constitution.

§ 2°.   …

§ 3°.   …

§ 4°.   …

  1. I— 

  2. II— acquires another nationality, except in the cases:

    1. a)  of recognition of original nationality by foreign law;

    2. b)  of a foreign law’s imposition of naturalization upon a Brazilian residing in a foreign country as a condition for remaining in its territory or for exercise of civil rights.”

Art. 2.  This Constitutional Amendment shall enter into force on the date of its publication.

Brasília, June 7, 1994

Signatures Omitted

Constitutional Amendment of Revision No. 4 of June 7, 1994

The Executive Committee of the National Congress, in the terms of art. 60 of the Federal Constitution, combined with art. 3 of the Transitional Constitutional Provisions, promulgates the following constitutional amendment:

Art. 1.  The expression “administrative probity, morality for the exercise of the mandate (considering the past life of the candidate)” shall be added to § 9° of art. 14 of the Constitution, after the expression “in order to protect,” with the provision hereafter being into force with the following wording:

“Art. 14. 

§ 9°.  A complementary law shall establish other cases of ineligibility and periods for which it shall remain in force, in order to protect administrative probity, morality for the exercise of the mandate (considering the past life of the candidate), and the normality and legitimacy of elections from the influence of economic power or abuse from holding an office, position or job in the direct or indirect Administration.”

Art. 2.  This Constitutional Amendment shall enter into force on the date of its publication.

Brasília, June 7, 1994

Signatures Omitted

Constitutional Amendment of Revision No. 5 of June 7, 1994

The Executive Committee of the National Congress, in the terms of art. 60 of the Federal Constitution, combined with art. 3 of the Act of Transitional Constitutional Provisions, promulgates the following constitutional amendment:

Art. 1.  The term “five years” shall be substituted for “four years” in art. 82.2

Art. 2.  This Amendment shall enter into force on the first day of January, 1995.

Brasília, June 7, 1994

Signatures Omitted

Constitutional Amendment of Revision No. 6 of June 7, 1994

The Executive Committee of the National Congress, in the terms of art. 60 of the Federal Constitution, combined with art. 3 of the Transitional Constitutional Provisions Act, promulgates the following constitutional amendment:

Art. 1.  § 4° shall be added to art. 55, with the following wording:

“Art. 55. 

§ 4°.  The effects of resignation by a legislator subject to a proceeding that seeks or could result in loss of mandate, in the terms of this article, shall be suspended until the final deliberation referred to in §§ 2° and 3°.”

Art. 2.  This Constitutional Amendment shall enter into force on the date of its publication.

Brasília, June 7, 1994

Signatures Omitted

Constitutional Amendment No. 5 of August 15, 1995

Changes § 2° of art. 25 of the Federal Constitution.

The Executive Committees of the Chamber of Deputies and the Federal Senate, in the terms of § 3° of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Sole article.  § 2° of art. 25 of the Federal Constitution shall be hereafter in force with the following wording:

“It is incumbent upon the States to operate, directly or through concessions, local services of piped gas, as provided by law. Issuance of a provisional measure for its regulation is prohibited.”

Brasília, August 15, 1995

Signatures Omitted

Constitutional Amendment No. 6 of August 15, 1995

Changes subparagraph IX of art. 170, art. 171, and § 1° of art. 176 of the Federal Constitution.

The Executive Committees of the Chamber of Deputies and the Federal Senate, in the terms of § 3° of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  Subparagraph IX of art. 170 and § 1° of art. 176 of the Federal Constitution shall be hereafter in force with the following wording:

“Art. 170. 

  1. IX— preferential treatment for small-scale firms organized under Brazilian law with their headquarters and management in the Country.”

“Art. 176. 

§ 1°.  Prospecting and mining of mineral resources and use of hydraulic sites referred to in the initial paragraph of this article may only take place through authorization or concession by the Union, in the national interest, by Brazilians or by companies organized under Brazilian law and that have their headquarters and management in the Country, as provided by the law, which shall establish specific conditions when these activities take place in frontier areas or on indigenous lands.”

Art. 2.  The following art. 246 shall be included in Title IX—“General Constitutional Provisions:”

“Art. 246.  No provisional measure may be adopted to regulate an article of the Constitution whose wording has been altered by means of a constitutional amendment promulgated since 1995.”

Art. 3.  Art. 171 of the Federal Constitution is repealed.

Brasília, August 15, 1995

Signatures Omitted

Constitutional Amendment No. 7 of August 15, 1995

Changes art. 178 of the Federal Constitution and provides for the adoption of Provisional Measures.

The Executive Committees of the Chamber of Deputies and the Federal Senate, in the terms of § 3° of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  Art. 178 of the Federal Constitution shall be hereafter in force with the following wording:

“Art. 178.  The law shall provide for the regulation of air, water, and land transportation, and shall observe the agreements signed by the Union as to the organization of international transportation, in accordance with the principle of reciprocity.

Sole paragraph.  In regulating water transportation, the law shall establish conditions under which foreign vessels may transport merchandise in the coastal trade and in internal navigation.”

Art. 2.  The following art. 246 shall be included in Title IX—“General Constitutional Provisions:”

“Art. 246.  No provisional measure may be adopted to regulate an article of the Constitution whose wording has been altered by means of a constitutional amendment promulgated since 1995.”

Brasília, August 15, 1995

Signatures Omitted

Constitutional Amendment No. 8 of August 15, 1995

Changes subparagraph XI and subpart “a” of subparagraph XII of art. 21 of the Federal Constitution.

The Executive Committees of the Chamber of Deputies and the Federal Senate, in the terms § 3° of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  Subparagraph XI and subpart “a” of subparagraph XII of art. 21 of the Federal Constitution shall be hereafter in force with the following wording:

“Art. 21.  The Union shall have the power to: …

  1. XI— operate, either directly or through authorization, concession, or permit, telecommunication services, as set forth by a law that shall provide for the organization of the services, creation of a regulatory agency and other institutional aspects;

  2. XII— operate, either directly or through authorization, concession or permit:

    1. a)  services of broadcasting sound and images with sound, …”

Art. 2.  Adoption of a provisional measure to regulate the provisions of subparagraph XI of art. 21 with the wording given by this Constitutional Amendment is prohibited.

Brasília, August 15, 1995

Signatures Omitted

Constitutional Amendment No. 9 of November 9, 1995

Rewords art. 177 of the Federal Constitution, modifying and inserting paragraphs.

The Executive Committees of the Chamber of Deputies and the Federal Senate, in the terms § 3° of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  § 1° of art. 177 of the Federal Constitution shall be hereafter in force with the following wording:

“Art. 177. 

§ 1°.  The Union may contract with state or private firms to perform the activities provided for in subparagraphs I to IV of this article, observing the conditions established by law.”

Art. 2.  A paragraph is included in art. 177 of the Federal Constitution with the following wording, numbered as § 2°, with the present § 2° becoming § 3°:

“§ 2°.  The law referred to in § 1° shall provide for:

  1. I— guarantee of furnishing petroleum by-products in the entire national territory;

  2. II— the conditions of contracting;

  3. III— the structure and powers of the agency regulating the Union’s monopoly.”

Art. 3.  Adoption of a provisional measure to regulate the matters provided for in subparagraphs I to IV and §§ 1° and 2° of art. 177 of the Federal Constitution is prohibited.

Brasília, November 9, 1995

Signatures Omitted

Constitutional Amendment No. 10 of March 4, 1996

Changes Arts. 71 and 72 of the Transitional Constitutional Provisions Act, introduced by Constitutional Amendment of Revision No. 1 of March 1st of 1994.

The Executive Committees of the Chamber of Deputies and the Federal Senate, in the terms of § 3° of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  Art. 71 of the Transitional Constitutional Provisions Act shall be hereafter in force with the following wording:

“Art. 71.  For the purposes of financial restoration of the Federal Treasury and economic stabilization, the Emergency Social Fund shall be instituted in fiscal years 1994 and 1995, as well as in the period from January 1, 1996 to June 30, 1997. Its resources shall be applied giving priority to funding activities of the systems of health and education, social security benefits and continued assistance benefits, including liquidation of social security liabilities and budgetary expenditures associated with programs of relevant economic and social interest.3

§ 1°.  The provisions in the final part of subparagraph II of § 9° of art. 165 of the Constitution shall not apply to the Fund created by this article.

§ 2°.  The Fund created by this article shall be called the Fund of Fiscal Stabilization, starting in the beginning of the fiscal year 1996.

§ 3°.  The Executive shall publish a schedule of budgetary execution, on a bimonthly basis, in which the sources and uses of the Fund created by this article are set forth.”

Art. 2.  Art. 72 of the Transitional Constitutional Provisions Act shall be hereafter in force with the following wording:

“Art. 72.  The Emergency Social Fund shall be made up of:

  1. I— 

  2. II— the portion of the proceeds from collection of the Tax on Income and Benefits of Any Nature and the Tax on Credit Transactions, Foreign Exchange Operations, Insurance, and Transactions Relating to Negotiable Instruments and Securities, stemming from the changes produced by Law No. 8.894 of June 21, 1994, and by Laws Nos. 8.849 and 8.848 both of January 28, 1994, and later modifications;

  3. III— the portion of the proceeds from collection of the increased rate of assessment on taxpayers’ profits referred to in § 1° of art. 22 of Law No. 8.212 of July 24, 1991, which, during fiscal years 1994 and 1995, as well as the period from January 1, 1996 to June 30, 1997, becomes thirty percent, subject to alteration by ordinary law, maintaining the other rules of Law No. 7.689 of December 15, 1988;

  4. IV— twenty percent of the proceeds collected from all of the Union’s taxes and assessments, already instituted or to be created, except those provided for in subparagraphs I, II, III, observing the provisions of §§ 3° and 4°;

  5. V— the portion of the proceeds from collection of the assessment referred to in Complementary Law No. 7 of September 7, 1970, owed by legal entities referred to in subparagraph III of this article, which shall be calculated, during fiscal years 1994 and 1995, as well as in the period from January 1, 1996 to June 30, 1997, by application of a rate of seventy-five hundredths of one percent, subject to alteration by ordinary law, on operational gross receipts, as defined in the legislation on the Tax on Income and Benefits of Any Nature;4

  6. VI— 

§ 1°.   …

§ 2°.  The portions that subparagraphs I, II, III and V refer to shall be previously deducted from the basis of calculation of any constitutional or legal link or participation, not applying to them the provisions of arts. 159, 212 and 239 of the Constitution.

§ 3°.  The portion that subparagraph IV refers to shall be previously deducted from the basis of calculation of the constitutional link or participation provided for in arts. 153, § 5°, 157, II, and 239 of the Constitution.

§ 4°.  The provision of the prior paragraph shall not apply to the funds provided for in arts. 158, II, and 159 of the Constitution.

§ 5°.  The portion of the funds stemming from the Tax on Income and Benefits of Any Nature, destined for the Emergency Social Fund, in the terms of subparagraph II of this article, shall not exceed five and six-tenths percent of the total amount collected.”

Art. 3.  This Amendment shall enter into force on the date of its publication.

Brasília, March 4, 1996

Signatures Omitted

Constitutional Amendment No. 11 of April 30, 1996

Permits the admission of foreign professors, technicians and scientists in Brazilian universities and grants autonomy to scientific and technological research institutions.

The Executive Committees of the House of Deputies and of the Federal Senate, in the terms of § 3° of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  Two paragraphs with the following wording are added to art. 207 of the Federal Constitution:

“Art. 207.   …

§ 1°.  Universities are permitted to hire foreign professors, technicians and scientists, as provided by law.

§ 2°.  The provisions of this article shall apply to institutions of scientific and technological research.”

Art. 2.  This Constitutional Amendment shall enter into force on the date of its publication.

Brasília, April 30, 1996

Signatures Omitted

Constitutional Amendment No. 12 of August 15, 1996

Grants the Union the power to institute a provisional assessment on the movement or transfer of values, credits and rights of a financial nature.

The Executive Committees of the House of Deputies and of the Federal Senate, in the terms of § 3° of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Sole Article.  Art. 74 shall be included in the Transitional Constitutional Provisions Act with the following wording:

“Art. 74.  The Union may institute a provisional assessment on the movement or transfer of funds and credits or rights of a financial nature.

§ 1°.  The rate of the assessment referred to in this article shall not exceed twenty-five hundredths of one percent, with the Executive having the power to reduce it or reestablish it, in whole or in part, under the conditions and limits fixed by law.

§ 2°.  The provisions of arts. 153, § 5° and 154, I, of the Constitution do not apply to the assessment referred to in this article.

§ 3°.  The entire proceeds from the collection of the assessment referred to in this article shall be destined for the National Health Fund for the financing of health activities and services.

§ 4°.  Collection of the assessment referred to in this article shall be subordinated to the provisions of art. 195, § 6° of the Constitution and may not be imposed for a period longer than two years.”

Brasília, August 15, 1996

Signatures Omitted

Constitutional Amendment No. 13 of August 21, 1996

Rewords subparagraph II of art. 192 of the Federal Constitution.

The Executive Committees of the House of Deputies and of the Federal Senate, in the terms of § 3° of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Sole Article.  Subparagraph II of art. 192 of the Federal Constitution shall be hereafter in force with the following wording:

“Art. 192. 

  1. II— authorization and operation of establishments of insurance, reinsurance, social security and capitalization, as well as the official supervisory agency.”

Brasília, August 21, 1996

Signatures Omitted

Constitutional Amendment No. 14 of September 12, 1996

Modifies arts. 34, 208, 211 and 212 of the Federal Constitution and rewords art. 60 of the Transitional Constitutional Provisions Act.

The Executive Committees of the House of Deputies and of the Federal Senate, in the terms of § 3° of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  Subpart e is added to subparagraph VII of art. 34 of the Federal Constitution, with the following wording:

“e) application of the minimum required by the receipts resulting from the state taxes, including those stemming from transfers, for maintenance and development of education.”

Art. 2.  Subparagraphs I and II of art. 208 of the Federal Constitution are reworded in the following terms:

  1. “I— free, compulsory elementary education, including assurance that it will be offered gratuitously for all who did not have access to it at the proper age;

  2. II— progressive universality of gratuitous secondary school education;”

Art. 3.  A new wording is given to §§ 1° and 2° of art. 211 of the Federal Constitution. Two more paragraphs are inserted into it, so that it shall have hereafter the following wording:

“Art. 211. 

§ 1°.  The Union shall organize the federal education system and that of the Territories, shall finance the institutions of federal public education, and shall exercise a redistributive and supplementary function in educational matters, so as to guarantee equalization of educational opportunities and a minimum standard of educational quality through technical and financial assistance to the States, Federal District, and Counties.

§ 2°.  The Counties shall act on a priority basis in elementary and pre-elementary education.

§ 3°.  The States and the Federal District shall act on a priority basis in elementary and secondary education.

§ 4°.  In the organization of their educational systems, the States and Counties shall define forms of collaboration, in order to assure the universality of compulsory education.”

Art. 4.  Art. 212, § 5° of the Federal Constitution is reworded in the following terms:

“§ 5°.  Basic public education shall have as an additional source of financing the educational salary contribution, collected from companies, as provided by law.”

Art. 5.  Art. 60 of the Transitional Constitutional Provisions Act is altered and new paragraphs are inserted, so that the article shall have hereafter the following wording:

“Art. 60.  In the first ten years after promulgation of this Amendment, the States, Federal District, and Counties shall apply no less than sixty percent of the funds to which the initial paragraph of art. 212 of the Federal Constitution refers for the maintenance and development of elementary education, with the objective of assuring the universality of attendance and remuneration in keeping with the dignity of the teaching profession.

§ 1°.  Distribution of the responsibilities and funds between the States and their Counties is to be made concrete with part of the funds defined in this article, in the form provided by art. 211 of the Federal Constitution, and assured through the creation, within each State and the Federal District, of a Fund for the Maintenance and Development of Elementary Education and Valorization of the Teaching Profession, that will be accounting in nature.

§ 2°.  The Fund referred to in the preceding paragraph shall be constituted by at least fifteen percent of the funds referred to in arts. 155, subparagraph II; 158, subparagraph IV; and 159, subparagraph I, subparts a and b and subparagraph II, of the Federal Constitution, and shall be distributed among each State and its Counties in proportion to the number of students in the respective networks of elementary education.

§ 3°.  The Union shall supplement the resources of the Funds referred to in § 1°, so long as in each State and in the Federal District, its value per student does not reach the nationally defined minimum.

§ 4°.  The Union, States, Federal District, and Counties shall progressively adjust within a period of five years their contributions to the Fund so as to guarantee a per pupil value corresponding to the minimum standard of nationally defined teaching quality.

§ 5°.  A proportion not less than sixty percent of the resources of each Fund referred to in § 1° shall be destined for payment of elementary school teachers actually engaged in their profession.

§ 6°.  The Union shall apply no less than the equivalent of thirty percent of the funds referred to in the initial paragraph of art. 212 of the Federal Constitution towards eradication of illiteracy and maintenance and development of elementary education, including the supplement referred to in § 3°.

§ 7°.  The law shall provide for the organization of the Funds, proportional distribution of their funds, their inspection and control, as well as for the form of calculation of the minimum national value per pupil.”

Art. 6.  This Amendment shall enter into force the first of January in the year subsequent to its promulgation.

Brasília, September 12, 1996

Signatures Omitted

Constitutional Amendment No. 15 of September 12, 1996

Rewords § 4° of art. 18 of the Federal Constitution.

The Executive Committees of the House of Deputies and of the Federal Senate, in the terms of § 3° of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Sole Article.  § 4° of art. 18 of the Federal Constitution shall be hereafter in force with the following wording:

“Art. 18. 

§ 4°.  The creation, incorporation, merger and dismantling of Counties shall be done by state law, within the period determined by complementary federal law, and shall depend upon prior consultation, via plebiscite, with populations of the Counties involved, after divulging the County Feasibility Studies, presented and publicized, as provided by law.”

Brasília, September 12, 1996

Signatures Omitted

Constitutional Amendment No. 16 of June 4, 1997

Rewords § 5° of art. 14, the initial paragraph of art. 28, subparagraph II of art. 29, the initial paragraph of art. 77 and art. 82 of the Federal Constitution.

The Executive Committees of the Chamber of Deputies and the Federal Senate, in the terms of § 3° of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  § 5° of art. 14, the initial paragraph of art. 28, subparagraph II of art. 29, the initial paragraph of art. 77 and art. 82 of the Federal Constitution shall be hereafter in force with the following wording:

“Art. 14.   …

§ 5°.  The President of the Republic, Governors of the States and the Federal District, Prefects and those that have succeeded or replaced them in the course of their mandates, may be reelected for a single subsequent term. …”

“Art. 28.  The election of the State Governor and Lieutenant Governor, for a term of office of four years, shall be held on the first Sunday of October for the first round, and, if there should be a second round, on the last Sunday of October of the year before the end of their predecessors’ mandates, and they shall take office on January first of the subsequent year, observing as well the provisions of art. 77. …”

“Art. 29. 

  1. II— election of the Prefect and the Vice-Prefect shall be held on the first Sunday of October of the year prior to the termination of their predecessors’ mandates, applying the provisions of art. 77 to Counties with more than two hundred thousand voters. …”

“Art. 77.  The President and the Vice-President of the Republic shall be elected simultaneously on the first Sunday of October for the first round, and if there should be a second round, on the last Sunday of October of the year prior to the termination of the mandate of the current president. …”

“Art. 82.  The term of office of the President of the Republic is four years and shall begin on January 1st of the year following his election.”

Art. 2.  This Amendment shall enter into force on the date of its publication.

Brasília, June 4, 1997

Signatures Omitted

Constitutional Amendment No. 17 of November 22, 1997

Amends provisions of arts. 71 and 72 of the Transitional Constitutional Provisions Act, introduced by Constitutional Amendment of Revision No. 1 of March 1, 1994.

The Executive Committees of the Chamber of Deputies and of the Federal Senate, under the terms of § 3° of art. 60 of the Federal Constitution, promulgates the following Amendment to the constitutional text:

Art. 1.  The initial paragraph of art. 71 of the Transitional Constitutional Provisions Act shall be hereafter in force with the following wording:

“Art. 71.  For the purposes of financial restoration of the Federal Treasury and economic stabilization, the Emergency Social Fund shall be instituted in fiscal years 1994 and 1995, as well as in the period from January 1, 1996 to June 30, 1997 and July 1, 1997 to December 31, 1999. Its resources shall be applied by giving priority to funding activities of the systems of health and education, including supplementing the funds referred to in § 3° of art. art. 60 of the Transitional Constitutional Provisions Act, social security benefits and providing continued assistance benefits, including liquidation of social security liabilities, and the budgetary expenditures associated with programs of relevant economic and social interest.”

Art. 2.  Subparagraph V of art. 72 of the Transitional Constitutional Provisions Act shall be hereafter in force with the following wording:

“V—the portion of the proceeds from collection of the assessment referred to in Complementary Law No. 7 of September 7, 1970, owed by legal entities referred to in subparagraph III of this article, which shall be calculated, during fiscal years 1994 and 1995, as well as in the periods from January 1, 1996 to June 30, 1997 and from July 1, 1997 to December 31, 1999, by application of the rate of seventy-five hundredths of one percent, subject to alteration by ordinary law, on operational gross receipts, as defined in the legislation on the Tax on Income and Benefits of Any Nature.”

Art. 3.  The Union shall remit to the Counties, from the proceeds of collection of the Tax on Income and Benefits of Any Nature, considered as such in the constitution of the funds referred to in art. 159, I of the Constitution of October 5, 1988, excluding from the portion referred to in art. 72, I of the Transitional Constitutional Provisions Act, the following percentages:

  1. I— one and fifty-six one hundredths of one percent in the period from July 1, 1997, to December 31, 1997;

  2. II— one and eight hundred and seventy-five thousandths of one percent in the period from January 1, 1998, to December 31, 1998;

  3. III— and two and five-tenths percent in the period from January 1, 1999, to December 31, 1999.

Sole paragraph.  The remittance of resources referred to in this article shall obey the same timetable and the same criteria for allocation and rules adopted in the Fund for Participation of Counties, observing the provision of art. 160 of the Constitution.

Art. 4.  The effects of the provisions of arts. 71 and 72 of the Transitional Constitutional Provisions Act, with the wording given to them by arts. 1 and 2 of this Amendment, are retroactive to July 1, 1997.

Sole paragraph.  The portion of resources destined for the Fund of Fiscal Stabilization and delivered in the form of art. 159, I of the Constitution in the period between July 1, 1997, and the date of the promulgation of this Amendment, shall be deducted from the subsequent quotas, limited to a deduction of one-tenth of the total value delivered in each month.

Art. 5.  Observing the provisions of the prior Article, the Union shall apply the provisions of art. 3 of this Amendment retroactively to July 1, 1997.

Art. 6.  This Constitutional Amendment shall enter into force on the date of its publication.

Brasília, November 22, 1997

Signatures Omitted

Constitutional Amendment No. 18 of February 5, 1998

Provides for the constitutional regime of the military

The Executive Committees of the Chamber of Deputies and the Federal Senate, in the terms of § 3° of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  Art. 37, subparagraph XV, of the Constitution shall be hereafter in force with the following wording:

“Art. 37. 

  1. XV— compensation of civil servants is irreducible, and their remuneration shall comply with the provisions of arts. 37, XI and XII, 150, II, 153, III and § 2°, I; …”

Art. 2.  Section II of Chapter VII of Title III of the Constitution shall be called “CIVIL SERVANTS” and Section III of Chapter VII of Title III of the Federal Constitution shall be called “MILITARY SERVICEMEN OF THE STATES, FEDERAL DISTRICT AND THE TERRITORIES,” giving art. 42 the following wording:

“Art. 42.  Members of the Military Police and Fire Brigades, institutions organized on the basis of hierarchy and discipline, are military servicemen of the States, Federal District and Territories.

§ 1°.  The provisions of art. 14, § 8°, art. 40, § 3°, and art. 142 §§ 2° and 3° apply to military servicemen of the States, Federal District and Territories, in addition to what becomes determined by law. It is up to specific state law to deal with the subjects of art. 142, § 3°, subparagraph X, with the respective Governors conferring the ranks of officers.

§ 2°.  The provisions of art. 40, §§ 4° and 5° apply to the military servicemen of the States, Federal District and Territories and their pensioners; the provision of art. 40, § 6° applies to the military servicemen of the Federal District and the Territories.”

Art. 3.  Subparagraph II of § 1° of art. 61 of the Constitution shall be hereafter in force with the following modifications:“Art.

61. 

§ 1°.   …

  1. II— 

    1. c)  civil servants of the Union and Territories, their legal regime, appointment to positions, tenure and retirement; …

    2. f)  Armed Forces military, their legal regime, appointment to positions, promotions, tenure, compensation, reform and transference to reserves.”

Art. 4.  The following shall be added to § 3° of art. 142 of the Constitution:

“Art. 142. 

§ 3°.  Members of the Armed Forces are called the military, applying to them, as well as what comes to be provided by law, the following provisions:

  1. I— ranks with the prerogatives, rights and duties inherent to them, are conferred by the President of the Republic and assured fully to active, reserve or retired officers, who shall have exclusive rights to military titles, posts, and jointly with other members, use of the uniforms of the Armed Forces;

  2. II— a member of the military in active service who accepts a permanent civil service position or employment shall be transferred to the reserves, as provided by law;

  3. III— a member of the military in active service who, as provided by law, assumes a temporary non-elective public office, employment, or position, even in the indirect administration, shall remain part of his respective staff. So long as he remains in this situation, he may be promoted only through seniority, and his period of service shall be counted only for that promotion and transfer to the reserves. After two years away from active service, whether continuous or not, he shall be transferred to the reserves, as provided by law;

  4. IV— military servicemen are prohibited from forming unions and striking;

  5. V— while in active service, military servicemen may not be affiliated with political parties;

  6. VI— an officer shall loose his position and rank only if adjudged unworthy or incompatible with being an officer, by a decision of a permanent military tribunal in peacetime or a special tribunal in wartime;

  7. VII— an officer convicted in the ordinary or military courts and sentenced to imprisonment for more than two years by a final and non-appealable decision shall be submitted to the sentence provided for in the preceding paragraph;

  8. VIII— the provisions of art. 7, subparagraphs VIII, XII, XVII, XVIII, XIX and XXV and art. 37, subparagraphs XI, XIII, XIV and XV, apply to military servicemen;

  9. IX— the provisions of art. 40 §§ 4°, 5° and 6° apply to military servicemen and their pensioners;

  10. X— the law shall provide for entry into the Armed Services, age limits, tenure and other conditions for transfer of servicemen into inactivity, rights, responsibilities, compensation, prerogatives and other special situations of the military, considering the peculiarities of their activity, including those performed by force of international agreements and war.”

Art. 5.  This Amendment shall enter into force the date of its publication.

Brasília, February 5, 1998

Signatures Omitted

Constitutional Amendment No. 19 of June 4, 1998

Modifies the regime and provides for principles and rules of Public Administration, civil servants and political agents, control of public expenditures and finance and the payments for activities for the Federal District, and takes other measures.

The Executive Committees of the Chamber of Deputies and the Federal Senate, as provided for in § 3° of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  Subparagraphs XIV and XXII of art. 21 and XXVII of art. 22 of the Federal Constitution shall be hereafter in force with the following wording:

“Art. 21.  The Union shall have the power to: …

  1. XIV— organize and maintain the civil police, military police and military fire brigades of the Federal District, as well as provide financial assistance to the Federal District for performance of public services, by means of a particular fund; …

  2. XXII— operate maritime, airport and border police services; …”

“Art. 22.  The Union has exclusive power to legislate with respect to: …

  1. XXVII— general rules for all types of bidding and contracting for direct public administration, autarchies and foundations of the Union, States, Federal District and Counties, obeying the provision of art. 37, XXI, and for public companies and mixed-capital companies, as provided for in art. 173, § 1°, III; …”

Art. 2.  § 2° of art. 27 and subparagraphs V and VI of art. 29 of the Federal Constitution shall be hereafter in force with the following wording, inserting § 2° into art. 28 and renumbering the present sole paragraph as § 1°:

“Art. 27. 

§ 2°.  The fixed compensation (súbsidio) of State Representatives shall be set by law at the initiative of the Legislative Assembly, at a maximum of seventy-five percent of that established, in specie, for Federal Deputies, observing what has been provided for in arts. 39, § 4°, 57, § 7°, 150, II, 153, III, and 153, § 2°, I. …”

“Art. 28. 

§ 1°.  A Governor who assumes another office or position in the direct or indirect public administration shall lose his office, except for offices held by virtue of a public competitive examination, and observing the provisions of art. 38, I, IV and V.

§ 2°.  The fixed compensation of the Governor, Lieutenant Governor and Secretaries of State shall be set by law at the initiative of the Legislative Assembly, observing what is provided for in arts. 37, XI, 39, § 4°, 150, II, 153, III and 153, § 2°, I.”

“Art. 29. 

  1. V— the fixed compensation of the Prefect, the Vice-Prefect and Municipal Secretaries shall be determined by law at the initiative of the County Legislature, observing the provisions of arts. 37, XI, 39, § 4°, 150, II, 153, III, and 153 § 2°, I;

  2. VI— fixed compensation of Alderman shall be determined by law at the initiative of the County Legislature at a maximum of seventy-five percent of that set for State Representatives, in specie, observing the provisions of arts. 39, § 4°, 57, § 7°, 150, II, 153, III, and 153, § 2°, I; …”

Art. 3.  The initial paragraph of subparagraphs I, II, V, VII, X, XI, XIII, XIV, XV, XVI, XVII and XIX and § 3° of art. 37 of the Federal Constitution shall be hereafter in force with the following wording, adding to the article §§ 7° to 9°:

“Art. 37.  The direct or indirect public administration of any of the Branches of the Union, States, Federal District and Counties, shall obey the principles of legality, impersonality, morality, publicity and efficiency, as well as the following:

  1. I— public offices, jobs and positions are accessible to Brazilians who meet the requirements established by law, as well as to foreigners, as provided by law;

  2. II— investiture in public office or employment depends upon prior approval in public competitive examinations, or such examinations and comparison of professional credentials, in accordance with the nature and complexity of the office or job, as provided by law, except for appointment to a commission office declared by law to permit free appointment and discharge; …

  3. V— positions of confidence, exercised exclusively by civil servants occupying an effective position, and commission offices, to be filled by career civil servants in the cases, conditions and minimum percentages provided for by law, are intended only for assignments of management, supervision and assessment. …

  4. VII— the right to strike shall be exercised in the terms and limits defined by a specific law; …

  5. X— remuneration of civil servants and the fixed compensation referred to in § 4° of art. 39 shall be set or modified only by a specific law, observing private initiative in each case, assuring annual general revision, always on the same date and without distinction with respect to indexes;

  6. XI— the remuneration and fixed compensation of holders of public offices, positions and jobs in the direct administration, autarchies and foundations of the members of any of the Branches of the Union, States, Federal District and Counties; of holders of an elective office and other political agents; and the retirement payments, pensions or any other type of remuneration, whether or not received cumulatively, including personal advantages or that of any other nature, may not exceed the monthly fixed compensation, in specie, of the Ministers of the Federal Supreme Tribunal; …

  7. XIII— linking or equalizing any kind of remuneration is prohibited for purposes of compensating public service personnel;

  8. XIV— pecuniary raises received by a government employee shall not be computed or accumulated for the purpose of granting subsequent raises;

  9. XV— the fixed compensation and earnings of holders of public positions and jobs are irreducible, except for the provisions of subparagraphs XI and XIV of this article and arts. 39, § 4°, 150, II, 153, III, and 153, § 2°, I;

  10. XVI— accumulation of paid public offices is prohibited, with the exception when working hours are compatible, observing in any case the provision of subparagraph XI:

    1. a)  of two teaching positions;

    2. b)  of one teaching position with another technical or scientific position;

    3. c)  of two exclusive positions for physicians;

  11. XVII— the prohibition against accumulation extends to jobs and offices and includes autarchies, foundations, public companies, mixed-capital companies, their subsidiaries and companies controlled, directly or indirectly, by the government; …

  12. XIX— creation of autarchies and authorization to organize public companies, mixed-capital companies, or foundations can only be accomplished by a specific law. In the latter case, it shall be left to complementary law to define the areas of their activity; …

§ 3°.  The law shall regulate the forms of user participation in direct and indirect public administration, specifically regulating:

  1. I— complaints relating to providing public services in general, assuring maintenance of services for attending users and periodic evaluations, both external and internal, of the quality of services;

  2. II— user access to administrative registries and information about governmental acts, observing the provisions of art. 5, X and XXXIII;

  3. III— regulation of representation against negligent or abusive exercise of offices, jobs or positions in public administration. …

§ 7°.  The law shall provide for requirements and restrictions on holders of offices or jobs in the direct or indirect administration that permit access to privileged information.

§ 8°.  Managerial, budgetary and financial autonomy of agencies and entities of direct or indirect administration may be amplified by contracts signed between their administrators and the Government, for the purpose of fixing performance targets for agencies or entities, with it being up to the law to provide for:

  1. I— the period of duration of the contract;

  2. II— controls and criteria for evaluation of the performance, rights, obligations and liabilities of the directors;

  3. III— remuneration of personnel.

§ 9°.  The provisions of subparagraph XI apply to public companies and mixed-capital companies and their subsidiaries that receive funds from the Union, States, Federal District or Counties for payment of personnel expenses or general outlays.”

Art. 4.  The initial paragraph of art. 38 of the Federal Constitution shall be hereafter in force with the following wording:

“Art. 38.  The following provisions apply to civil servants of the direct administration, autarchies, or foundations, holding elective offices: …”

Art. 5.  Art. 39 of the Federal Constitution shall be hereafter in force with the following wording:

“Art. 39.  The Union, States, Federal District and Counties shall organize a policy council for administration and remuneration of personnel, composed of civil servants designated by the respective Branches.

§ 1°.  Setting standards for salaries and other components of the system of remuneration shall take into account:

  1. I— the nature, degree of responsibility and complexity of the component offices of each career;

  2. II— the requirements for investiture;

  3. III— the peculiarities of the office.

§ 2°.  The Union, States and Federal District shall maintain governmental schools for formation and improvement of civil servants, with participation in courses constituting one of the requirements for career promotion. For this purpose, entry into agreements or contracts among the federative entities shall be permitted.

§ 3°.  The provisions of art. 7, IV, VII, VIII, IX, XII, XIII, XV, XVI, XVII, XVIII, XIX, XX, XXII and XXX shall apply to civil servants occupying a public office. The law may establish differential requirements for admission when the nature of the office so requires.

§ 4°.  Members of a Branch of Government, holders of an elective office, Ministers of the Union, and State and County Secretaries shall be remunerated exclusively by lump sum fixed compensation. Increasing any gratification, additional payment, bonus, premium, representation allowance or any other type of remuneration is forbidden, obeying, in any case, the provisions of art. 37, X and XI.

§ 5°.  Laws of the Union, States, Federal District and Counties shall establish the relationship between the highest and the lowest remuneration for public servants, obeying, in any case, the provision of art. 37, XI.

§ 6°.  The Executive, Legislative and Judicial Branches shall publish annually the amounts of fixed compensation and remuneration for public offices and jobs.

§ 7°.  Laws of the Union, States, Federal District and Counties shall regulate application of budgetary funds stemming from savings in current expenditures for each agency, autarchy and foundation, for application in the development of programs of quality and productivity, training and development, modernization, re-outfitting and rationalization of public services, including those in the form of additional payments or premiums for productivity.

§ 8°.  Remuneration of career public servants shall be determined in accordance with § 4°.”

Art. 6.  Art. 41 of the Federal Constitution shall be hereafter in force with the following wording:

“Art. 41.  Civil servants appointed to effective positions by virtue of public competitive examinations acquire tenure after three years of actual service.

§ 1°.  Tenured civil servants shall lose their positions only:

  1. I— due to a judicial decision that has become final and non-non-appealable;

  2. II— through an administrative proceeding in which they have been assured a full defense;

  3. III— through a procedure of periodic evaluation of performance, in the form of a complementary law, assuring a full defense.

§ 2°.  Should dismissal of a tenured civil servant be invalidated by a judicial judgment, the employee shall be reinstated, and any subsequent occupant of the position, if tenured, shall be reassigned to his original position without the right to compensation, placed in another position or placed on leave with remuneration proportional to time of service.

§ 3°.  If his or her position is abolished or declared unnecessary, a tenured civil servant shall be placed on leave, with remuneration proportional to time of service, until adequately placed in another position.

§ 4°.  As a condition for acquisition of tenure, a special performance evaluation is required by a commission organized for this purpose.”

Art. 7.  Art. 48 of the Federal Constitution shall be hereafter in force with the addition of the following subparagraph XV:

“Art. 48.  The National Congress shall have the power, with the approval of the President of the Republic, which is not required for subjects specified in arts. 49, 51 and 52, to provide for all matters within the Union’s competence, particularly concerning: …

  1. XV— setting the fixed compensation of Ministers of the Federal Supreme Tribunal, by law at the joint initiative of the President of the Republic, Chamber of Deputies, Federal Senate and Federal Supreme Tribunal, observing the provisions of arts. 39, § 4°, 150, II, 153, III, and 153, § 2°, I.”

Art. 8.  Subparagraphs VII and VIII of art. 49 of the Federal Constitution shall be hereafter in force with the following wording:

“Art. 49.  The National Congress shall have exclusive powers: …

  1. VII— to set identical fixed compensation for the Federal Deputies and Senators, observing the provisions of arts. 37, XI, 39, § 4°, 150, II, 153, III, and 153 § 2°, I;

  2. VIII— to set the fixed compensation of the President and Vice-President of the Republic and Ministers of the Federal Government, observing the provisions of arts. 37, XI, 39, § 4°, 150, II, 153, III, and 153, § 2°, I; …”

Art. 9.  Subparagraph IV of art. 51 of the Federal Constitution shall be hereafter in force with the following wording:

“Art. 51.  The Chamber of Deputies has exclusive power: …

  1. IV— to provide for its organization, operation, police, creation, transformation or abolition of offices, jobs, and positions in its services, and for initiation of laws setting its respective remuneration, observing the parameters established in the law of budgetary directives; …”

Art. 10.  Subparagraph XIII of art. 52 of the Federal Constitution shall be hereafter in force with the following wording:

“Art. 52.  The Federal Senate has exclusive power: …

  1. XIII— to provide for its organization, operation, police, creation, transformation or abolition of offices, jobs and positions in its services, and for initiation of laws setting its respective remuneration, observing the parameters established in the law of budgetary directives; …”

Art. 11.  § 7° of art. 57 of the Federal Constitution shall be hereafter in force with the following wording:

“Art. 57. 

§ 7°.  In an extraordinary legislative session, the National Congress shall consider only matters for which it was convoked. Payment of a compensatory sum in an amount superior to the monthly fixed compensation prohibited.”

Art. 12.  The sole paragraph of art. 70 of the Federal Constitution shall be hereafter in force with the following wording:

“Art. 70. 

Sole paragraph.  Accounts shall be rendered by any individual or legal entity, public or private, that uses, collects, keeps, manages or administers public funds, property and securities or those for which the Union is responsible, or that assumes obligations of a pecuniary nature in the name of the Union.”

Art. 13.  Subparagraph V of art. 93, subparagraph III of art. 95 and subpart b of subparagraph II of art. 96 of the Federal Constitution shall be hereafter in force with the following wording:

“Art. 93. 

  1. V— the fixed compensation of the Ministers of the Superior Tribunals shall correspond to ninety-five percent of the monthly fixed compensation for the Ministers of the Supreme Federal Tribunal and the fixed compensation of the other magistrates shall be set by law and scaled, at the Federal and State levels, in conformity with the respective categories of the national judicial structure. The difference between one career category and the next may not be greater than ten percent or less than five percent, nor exceed ninety-five percent of the monthly fixed compensation of the Ministers of the Superior Tribunals, obeying, in any case, the provisions of arts. 37, XI, and 39, § 4°; …”

“Art. 95.   Judges enjoy the following guarantees: …

  1. III— irreducibility of fixed compensation, except as provided in arts. 37, X and XII, 39, § 4°, 150, II, 153, III, and 153, § 2°, I. …”

“Art. 96.  The following shall have exclusive powers: …

  1. II— the Supreme Federal Tribunal, the Superior Tribunals, and the Tribunals of Justice, to propose to their respective legislatures, observing the provisions of art. 169; …

    1. (b)  creation and abolition of positions and remuneration of their auxiliary services and the judges subordinate to them, as well as the determination of the fixed compensation of their members and their judges, including the inferior tribunals, where they exist, except for the provision of art. 48, XV; …”

Art. 14.  § 2° of art. 127 of the Federal Constitution shall be hereafter in force with the following wording:

“Art. 127. 

§ 2°.  The Public Ministry is assured functional and administrative autonomy. Observing the provisions of art. 169, it may propose to the Legislature creation and abolition of its positions and auxiliary services, filling them through competitive public examinations, or such examinations and comparison of professional credentials; remuneration policy; and career plans. The law shall provide for its organization and operation. …”

Art. 15.  Subpart c of subparagraph I of § 5° of art. 128 of the Federal Constitution shall enter into force with the following wording:

“Art. 128. 

§ 5°.  Complementary laws of the Union and States, which may be proposed by the respective Procurators-General, shall establish the organization, powers and by-laws of each Public Ministry, observing with respect to their members:

  1. I— the following guarantees: …

    1. (c)  irreducibility of fixed compensation, set in the form of art. 39, § 4°, and except as provided for in arts. 37, X and XI, 150, II, 153, III, 153, § 2°, I; …”

Art. 16.  Section II of Chapter IV of Title IV of the Federal Constitution shall be called “PUBLIC ADVOCACY.”

Art. 17.  Art. 132 of the Federal Constitution shall be hereafter in force with the following wording:

“Art. 132.  The Procurators of the States and the Federal District, career positions into which admission depends upon public competitive examinations and professional credentials, with participation by the Brazilian Bar Association in all phases, shall provide judicial representation and legal counseling to their respective federative units.

Sole paragraph.  Procurators referred to in this article are assured tenure after three years of actual service, through performance evaluation by their own agencies, after a corroborating report from supervising judges.”

Art. 18.  Art. 135 of the Federal Constitution shall be hereafter in force with the following wording:

“Art. 135.  Civil servants who are integrated into the careers regulated in Sections II and III of this Chapter shall be compensated in the form of art. 39, § 4°.”

Art. 19.  § 1° and its subparagraph III and §§ 2° and 3° of art. 144 of the Federal Constitution shall be hereafter in force with the following wording, adding § 9° to the article:

“Art. 144. 

§ 1°.  The federal police, created by law as a permanent body, organized and maintained by the Union, structured into a career, is designed: …

  1. III— to perform the functions of maritime, airport and border police; …

§ 2°.  The federal highway police is a permanent body, organized and maintained by the Union, structured into a career and designed to patrol the federal highways openly, as provided by law.

§ 3°.  The federal railway police, a permanent body, organized and maintained by the Union, structured into a career and designed to patrol the federal railroads openly, as provided by law. …

§ 9°.  The remuneration of police civil servants who are integrated into the agencies mentioned in this article shall be fixed in accordance with § 4° of art. 39.”

Art. 20.  The initial paragraph of art. 167 of the Federal Constitution shall be hereafter in force with the addition of subparagraph X, with the following wording:

“Art. 167.  It is prohibited to: …

  1. X— transfer resources voluntarily and concede loans, including by anticipation of revenues, by the Federal and State Governments and their financial institutions, for payment of the expenses of active, inactive and retired personnel of the States, Federal District and Counties. …”

Art. 21.  Art. 169 of the Federal Constitution shall be hereafter in force with the following wording:

“Art. 169.  Expenditures for active and inactive personnel of the Union, States, Federal District and Counties may not exceed the limits established by complementary law.

§ 1°.  Granting any advantage or increase in remuneration, creation of offices, jobs and positions or changes in career structures, as well as the admission or contracting of personnel, of whatever title, by agencies and entities of direct or indirect administration, including government-created and maintained foundations, may only be accomplished:

  1. I— if there is a prior budgetary appropriation sufficient to cover the estimated personnel expenditures and the increases resulting therefrom;

  2. II— if there is specific authorization in the law of budgetary directives, with the exception of public companies and mixed-capital companies.

§ 2°.  Once the period established in the complementary law referred to in this article for adoption of the parameters provided herein has run, all remittances of federal or state funds to the States, Federal District and Counties that do not observe the referred to limits shall be immediately suspended.

§ 3°.  For compliance with the limits established as the basis of this article, during the period fixed in the complementary law referred to in the initial paragraph, the Union, States, Federal District and Counties shall adopt the following measures:

  1. I— reduction by at least twenty per cent in expenditures for commission offices and positions of confidence;

  2. II— dismissal of non-tenured civil servants.

§ 4°.  If the measures adopted on the basis of the prior paragraph are insufficient to assure compliance with the determinations of the complementary law referred to in this article, tenured civil servants may lose their office, so long as the motivating normative act of each one of the Branches specifies the functional activity or administrative agency or unit that is the object of the reduction in personnel.

§ 5°.  A civil servant who loses his or her office in accordance with the prior paragraph shall have a right to just compensation corresponding to one month’s remuneration for each year of service.

§ 6°.  Offices eliminated in accordance with the prior paragraphs shall be considered extinct. Creation of offices, jobs or positions with equal or similar powers is prohibited for a period of four years.

§ 7°.  Federal law shall provide for general rules to be obeyed for carrying out the provisions of § 4°.”

Art. 22.  § 1° of art. 173 of the Federal Constitution shall be hereafter in force with the following wording:

“Art. 173. 

§ 1°.  The law shall establish the legal regime of public companies, mixed-capital companies and their subsidiaries that engage in economic activities of production or marketing of goods or services, dealing with:

  1. I— their social functions and the forms of supervision by the State and by society;

  2. II— subjection to the same legal regime as private enterprises, including their civil, commercial, labor and tax rights and obligations;

  3. III— competitive bidding and contracting of works, services, purchases and transfers, observing the principles of public administration;

  4. IV— organization and functioning of boards of directors and supervisory councils, with participation of minority shareholders;

  5. V— offices, evaluation of performance and liability of administrators. …”

Art. 23.  Subparagraph V of art. 206 of the Federal Constitution shall be hereafter in force with the following wording:

“Art. 206.  Teaching shall be provided on the basis of the following principles: …

  1. V— valorization of teaching professionals, guaranteeing, as provided by law, career plans for public school teachers, with a professional minimum salary and admittance exclusively by means of public competitive examinations and professional credentials; …”

Art. 24.  Art. 241 of the Federal Constitution shall be hereafter in force with the following wording:

“Art. 241.  The Union, States, Federal District and Counties shall regulate by law public consortiums and cooperation agreements among the federative entities, authorizing associated management of public services, as well as total or partial transference of duties, services, personnel and goods essential to the continuity of the transferred services.”

Art. 25.  Until institution of the fund referred to in subparagraph XIV of art. 21 of the Federal Constitution, the Union has the power to maintain the present financial undertakings for rendering public services in the Federal District.

Art. 26.  In a period of two years from promulgation of this Amendment, the by-laws of the entities of indirect administration shall be revised as to their respective legal nature, bearing in mind the purposes and powers that are actually performed.

Art. 27.  Within 120 days of the promulgation of this Amendment, The National Congress shall draft a law for protection of users of public services.

Art. 28.  Civil servants presently in the probationary stage are assured a period of two years of effective performance for acquisition of tenure, without prejudice to the evaluation referred to in § 4° of art. 41 of the Federal Constitution.

Art. 29.  Salaries, earnings, remuneration, retirement benefits and pensions, and any other type of compensation shall be adjusted to the limits stemming from the Federal Constitution, starting with the promulgation of this Amendment. Receipt of any excess for whatever reason shall not be permitted.

Art. 30.  The draft of the complementary law referred to in art. 163 of the Federal Constitution shall be presented by the Executive to the National Congress within a period of 180 days from promulgation of this Amendment.

Art. 31.  Persons who assumed the status of federal public servants, whether in the direct administration, an autarchy, or a foundation, county servants, or career members of the civil and military police of the former federal Territories of Amapá and Roraima, and who are duly found to have been exercising their functions, rendering services to the public administration of the former Territories or to the city governments located therein, on the date in which the former Territories were transformed into States; civil servants and civil and military police that had been admitted by the States of Amapá and Roraima in the period between the date of their transformation into States and October of 1993, as well as persons who prove that they had maintained, during this period, an employment, statutory, or work relationship or functional link, whether effective or not, with the public administration of the former Territories, States, or city governments located therein or with a public firm or mixed-economy company, including those that have been dissolved, constituted by the former Territory or the Union to act within the ambit of the former Federal Territory, may enlist in the classification of federal public administration in dissolution.

§ 1°.  The enlistment referred to in the initial paragraph for civil servants or civil and military police, and those who have been classified in this condition, between the transformation and installation of the States in October 1993, shall be at the position in which they were originally admitted or in an equivalent position.5

§ 2°.  Members of the career military police referred to in the initial paragraph shall continue to render services to their respective States, as detailed personnel, being submitted to the regulatory provisions to which their corporate entities of respective Military Police are subject, observing the powers of positions compatible with their hierarchical levels and the right to owed promotions.6

§ 3°.  The persons referred to in this article shall render services to their respective States or Counties, as detailed personnel, until their utilization by an organ or entity of the direct federal administration, federal autarchy, or federal foundation. The States may, on account of and by delegation of the Union, adopt procedures necessary for the assignment of such personnel to their Counties.7

§ 4°.  For the purposes of the provisions of the initial paragraph of this article, in addition to those permitted by law, the following are ways of proving an employment, statutory, or work relationship or functional link, independently of the existence of a current link:

  1. I— a contract, agreement, settlement or administrative act by means of which a person has been classified as a professional, employee, public servant, service provider or worker and has performed or developed labor activity directly with the former Territory, State or city government located therein, including through the intervention of a cooperative;

  2. II— compensation, remuneration or payment, documented or formalized at the time, by means of a deposit in a bank account or issuance of an order of payment, a receipt, a pledge note or bank order in which the public administration of the former Territory, State or city government located therein identifies itself as the source of payment or direct source of the resources, as well as those made from accounts or resource4s stemming from a participation fund or special fund, including those for the benefit of personnel belonging to special schedules.

§ 5°.  In addition to the means of proof dealt with in §4° of this article, without prejudice to those permitted by law, the enlistment referred to in the initial paragraph of this article shall depend upon whether the person has maintained a functional employment, statutory or work relationship or link with the former Territory or State that has succeeded it for at least ninety days.

§ 6°.  The persons to which this article refers, as a result of their term in office in an organ or entity of the state or county public administration of the States of Amapá and Roraima, shall receive all of the benefits and other values that comprise the compensation structure of the positions in which they had been enrolled, prohibiting their reduction or suppression because of assignment to a State or County.8

Art. 32.  The Federal Constitution shall be hereafter in force with the addition of the following article:

“Art. 247.  The laws provided for in subparagraph III of § 1° of art. 41 and in § 7° of art. 169 shall establish special criteria and guarantees for loss of positions of tenured civil servants, who, as a result of powers of their actual offices, perform exclusive activities of the State.

Sole paragraph.  In cases of inadequate performance, loss of office shall only occur through an administrative proceeding in which the civil servant is assured the adversary system and an ample defense.”

Art. 33.  For purposes of art. 169, § 3°, II, of the Federal Constitution, those admitted to direct administration, an autarchy or a foundation without public competitive examinations or examinations and credentials after October 5, 1983, shall be considered non-tenured.

Art. 34.  This Constitutional Amendment shall go into force on the date of its promulgation.

Brasília, June 4, 1998

Signatures Omitted

Constitutional Amendment No. 20 of December 16, 1998

Modifies the system of social security, establishes transitional rules, and takes other measures.

The Executive Committees of the Chamber of Deputies and the Federal Senate, as provided in § 3° of Art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  The Federal Constitution shall be hereafter in force with the following alterations:

“Art. 7. 

  1. XII— family allowance for dependents of low income workers, as provided by law; …

  2. XXXIII— prohibition of nighttime, dangerous or unhealthy work for those under eighteen years of age, and of any work for those under the age of sixteen, except as an apprentice; …”

“Art. 37. 

§ 10°.  Simultaneous receipt of retirement benefits stemming from art. 40 or from arts. 42 and 142 with remuneration from a public office, job or position is prohibited, except for cumulative positions, as provided by this Constitution, and elective commission positions declared by law to permit free appointment and discharge. …”

“Art. 40.  Civil servants holding effective positions in the Union, States, Federal District and Counties, including their autarchies and foundations, are assured a social security regime based upon contributions, observing criteria that preserve the financial and actuarial equilibrium and the provisions of this article.”

§ 1°.  “Civil servants included in the Social Security regime referred to in this article shall be retired with pensions calculated on the basis of values determined in accordance with § 3°:

  1. I— for permanent disability, pensions are proportional to the period of contribution, except when stemming from an accident while in service, an occupational disease or a serious contagious or incurable illness, as specified by law;

  2. II— compulsorily, at seventy years of age, with pensions proportional to the period of contribution;

  3. III— voluntarily, so long as they have completed a minimum period of ten years of effective public service and five years in the position from which they take retirement, observing the following conditions:

    1. a)  sixty years of age with thirty-five years of contribution, if male, and fifty-five years of age with thirty years of contribution, if female;

    2. b)  sixty-five years of age if male, and sixty years of age if female, with pensions proportional to the time of contribution.

§ 2°.  At the time they are granted, retirement benefits and pensions may not exceed the respective civil servant’s remuneration in the position he or she occupied at the time of retirement or that serves as a reference for the concession of the pension.

§ 3°.  At the time they are granted, retirement benefits shall be calculated on the basis of the civil servant’s remuneration in the effective position occupied at the time of retirement and shall correspond to the totality of the remuneration as provided by law.

§ 4°.  Adoption of differentiated requirements and criteria for concession of retirement to those included in the regime referred to in this article is prohibited, except for cases of activities performed exclusively under special conditions prejudicial to physical health or integrity, as defined by complementary laws.

§ 5°.  The requirements of age and period of contribution shall be reduced by five years, with respect to the provisions of § 1°, III, for teachers who can show that their time was spent exclusively in actually teaching pre-primary, primary or middle school.

§ 6°.  Except for retirements arising from cumulative positions, as provided by this Constitution, receipt of more than one retirement benefit from the social security regime provided for in this article is prohibited.

§ 7°.  The law shall provide for concession of death benefits, which shall be equal to the value of the compensation of the deceased civil servant or the value of benefits which the civil servant was entitled to receive from his activities on the day of his death, observing the provisions of § 3°.

§ 8°.  Observing the provision of art. 37, XI, retirement benefits and pensions shall be revised in the same proportion and on the same date, whenever the remuneration of active civil servants is modified. Any benefits or advantages subsequently granted to civil servants in active service, including those from transformation or reclassification of the office or position from which they retired or that served as a reference for concession of a pension, as provided by law, shall also be extended to those who are retired or receiving pensions.

§ 9°.  The period of federal, state or county contribution shall be counted for purposes of retirement and the corresponding period of service for purposes of availability.

§ 10°.  The law may not establish any fictitious form of counting the contribution period.

§ 11°.  The limit fixed in art. 37, XI, applies to the total sum of benefits for inactivity, including those from accumulation of public positions or employment, as well as other activities subject to contribution for the general social security regime, and to the amount resulting from addition of benefits of inactivity to remuneration for a cumulative position, as provided by this Constitution, a commission position declared by law to permit free appointment and discharge, and an elective position.

§ 12°.  In addition to the provisions of this article, the social security regime for public servants holding an elective position shall observe, where applicable, requirements and criteria fixed by the general social security regime.

§ 13°.  The general social security regime shall apply to a public servant occupying exclusively a commission position declared by law to permit free appointment and discharge, as well as any other temporary public position or employment.

§ 14°.  So long as they institute a supplementary social security regime for their respective employees holding effective positions, the Union, States, Federal District and Counties may fix the value of retirement benefits and pensions to be conceded by the regime referred to in this article at the maximum limit established for the beneficiaries of the general social security regime referred to in art. 201.

§ 15°.  Observing the provisions of art. 202, a complementary law shall provide general rules for instituting complementary social security by the Union, States, Federal District and Counties to deal with their respective civil servants holding effective positions.

§ 16°.  Only by prior and express option may the provisions of §§ 14° and 15° be applied to civil servants who have entered public service by the date of publication of the act instituting the corresponding supplementary social security regime. …”

“Art. 42. 

§ 1°.  The provisions of art. 14, § 8°, art. 40, § 9°, and art. 142, §§ 2° and 3° apply to military servicemen of the States, Federal District and Territories, in addition to what becomes determined by law. It is up to specific state law to deal with the subjects of art. 142, § 3°, subparagraph X, with the respective Governors conferring the ranks of officers.

§ 2°.  The provisions of art. 40, §§ 7° and 8° apply to the military servicemen of the States, Federal District and Territories and their pensioners. …”

“Art. 73. 

§ 3°.  Ministers of the Tribunal of Accounts of the Union shall have the same guarantees, prerogatives, impediments, compensation and privileges as the Ministers of the Superior Tribunal of Justice. The rules of art. 40 apply to their retirement benefits and pensions.”

“Art. 93. 

  1. VI— retirement benefits for judges and pensions for their dependents shall observe the provisions of art. 40;” …

“Art. 100. 

§ 3°.  The provision in the initial paragraph of this article with respect to issuance of judicial orders of payment does not apply to payment of obligations defined by law as small amounts, which must be paid by Federal, State or Municipal Treasuries by virtue of a final, non-appealable judgment.”

“Art. 114. 

§ 3°.  The Labor Court system has the power, ex officio, to execute on assessments provided for in art. 195, I, a, and II, and any legal increments stemming from judgments it enters.”

“Art. 142. 

§ 3°.   …

  1. IX— the provisions of art. 40, §§ 7° and 8° apply to military servicemen and their pensioners; …”

“Art. 167. 

  1. XI— utilize funds stemming from assessments referred to in art. 195, I, a, and II for payment of expenditures other than payment of benefits for the general social security regime referred to in art. 201. …”

“Art. 194. 

Sole paragraph. 

  1. VII— democratic and decentralized character of administration, through four-part management, with participation of workers, employers, retirees and the Government through its collegial agencies. …”

“Art. 195. 

  1. I— from employers, firms and equivalent entities, as provided by law, incident upon:

    1. a)  payrolls for wages and other earnings from work paid or credited, in whatever form, to individuals who render services to them, regardless of whether there is an employment link;

    2. b)  receipts or invoices;

    3. c)  profits;

  2. II— from workers, and other persons insured by social security, but not imposed upon the contribution for retirement benefits and pensions conceded under the general social security regime referred to in art. 201;

§ 8°.  Rural producers, rural partners, sharecroppers and self-employed fishermen, as well as their respective spouses, who conduct their activities as a family enterprise, without permanent employees, shall contribute to social security by applying a rate to the proceeds from marketing their production and shall be entitled to benefits, as provided by law.

§ 9°.  The assessments provided for in subparagraph I of this article may have differentiated rates or bases of calculation in accordance with the economic activity or intensive utilization of manpower.

§ 10°.  The law shall define criteria for transference of funds for the unified system of health and social assistance actions of the Union for the States, Federal District and Counties, and of States for Counties, observing the respective counterparts of the funds.

§ 11°.  Concession of remission or amnesty for assessments referred to in subparagraphs I, a, and II of this article is prohibited for debts in amounts greater than that fixed by complementary law.”

“Art. 201.  Social security shall be organized in the form of a general regime, characterized by contributions and mandatory affiliation, observing criteria that preserve the financial and actuarial equilibrium, and shall provide for, as defined by law:

  1. I— coverage of the events of illness, disability, death and advanced age;

  2. II— maternity protection, especially for pregnant women;

  3. III— protection for the involuntarily unemployed;

  4. IV— family allowance and confinement aid for dependents of insured persons with low incomes;

  5. V— a pension for the death of an insured man or woman, for the spouse or companion, and dependents, obeying the provision of § 2°.

§ 1°.  Adoption of different requirements and criteria for concession of retirement benefits to beneficiaries of the general social security regime is prohibited, except for cases of activities performed under special conditions, detrimental to physical health or integrity, as defined by complementary law.

§ 2°.  No benefit that replaces the contribution salary or earnings from the insured’s labor shall have a monthly value lower than the minimum wage.

§ 3°.  All contribution salaries included in the calculation of benefits shall be duly updated, as provided by law.

§ 4°.  Readjustment of benefits to maintain their real value permanently is assured according to criteria defined by law.

§ 5°.  A person participating in his or her own social security regime is prohibited from affiliating with the general social security regime as an optional insured.

§ 6°.  The Christmas bonus of retirees and pensioners shall be based on the value of earnings in the month of December of each year.

§ 7°.  Retirement in the general social security regime is assured, as provided by law, obeying the following conditions:

  1. I— Contributions for thirty-five years, if male, and thirty years, if female;

  2. II— Sixty-five years of age, if male, and sixty years of age, if female, this age limit being reduced by five years for rural workers of both sexes and for those who perform their economic activities with their family, including rural producers, placer miners and self-employed fishermen.

§ 8°.  The requirements referred to in subparagraph I of the prior paragraph shall be reduced by five years for teachers who dedicated themselves exclusively to the actual performance of teaching functions in pre-elementary, elementary and secondary education.

§ 9°.  For retirement purposes, one is assured that periods of contribution in public administration and in private activity, both rural and urban, shall be taken into account on a reciprocal basis, in which case the various social security systems shall financially compensate themselves, according to criteria established by law.

§ 10°.  The law shall regulate covering of risks from labor accidents, which shall be provided for concurrently by the general social security regime and by the private sector.

§ 11°.  Habitual earnings of the employee, of whatever nature, shall be included in salary for purposes of social security contributions and consequent repercussion on benefits, in cases and manner provided by law.”

“Art. 202.  The private social security regime, in a supplementary manner and organized autonomously from the general social security regime, shall be optional, based upon the constitution of reserves that guarantee the contracted benefits, and regulated by a complementary law.

§ 1°.  The complementary law referred to in this article shall assure participants in private social security entities full access to information relating to management of their respective plans.

§ 2°.  Employer contributions, benefits and contractual conditions provided for in the bylaws, regulations and benefit plans of private social security entities shall not be integrated into participants’ labor contracts, nor shall they be integrated into participants’ remuneration, with the exception of conceded benefits, as provided by law.

§ 3°.  Funding of private social security entities by the Union, States, Federal District and Counties, their autarchies, foundations, public firms, mixed-capital companies and other public entities is prohibited, except in their capacity as a sponsor. In such situation, in no case may their normal contribution exceed that of the insured.

§ 4°.  A complementary law shall regulate the relationships among the Union, States, Federal District or Counties, including their autarchies, foundations, mixed-capital companies and firms controlled directly or indirectly, when sponsors of closed private social security entities and their respective closed social security entities.

§ 5°.  A complementary law dealing with the prior paragraph shall be applied, when proper, to private firms holding permits or concessions for rendering public services, when sponsors of closed social security entities.

§ 6°.  The complementary law referred to in § 4° of this article shall establish requirements for designation of officers of closed private social security entities and shall regulate enrollment of participants in collegial groups and instances of decision in which their interests are the objects of discussion and deliberation.”

Art. 2.  The following articles are added to the General Constitutional Provisions of the Federal Constitution:

“Art. 248.  Benefits paid, for whatever reason, by the agency responsible for the general social security regime, even at the expense of the National Treasury, and not subject to the maximum limit of the value fixed for benefits conceded by this regime, shall observe the limits fixed in art. 37, XI.”

“Art. 249.  To assure funds for payment of retirement and pension benefits conceded to respective civil servants and their dependents, in addition to the resources of their respective treasuries, the Union, States, Federal District and Counties may constitute funds, made up of resources from contributions and by property, rights, and assets of any nature, through a law that provides for the nature and administration of these funds.”

“Art. 250.  To assure funds for payment of benefits conceded by the general social security regime, in addition to funds from tax collections, the Union may constitute a fund, made up of property, rights and assets of any nature, through a law that provides for the nature and administration of this fund.”

Art. 3.  Concession of retirement and pension benefits is assured at any time to civil servants and those insured by the general social security regime, as well as their dependents who, on the publication date of this Amendment, have complied with the requirements for obtaining these benefits on the basis of criteria in the legislation then in force.

§ 1°.  Civil servants referred to in this article that have completed the requirements for full retirement and who opt to remain in active service shall be entitled to exemption from social security contributions until completing the requirements for retirement contained in art. 40, § 1°, III, a, of the Federal Constitution.

§ 2°.  The retirement benefits to be conceded to civil servants referred to in the initial paragraph in integral terms or proportional to the time of service already performed up to the publication date of this Amendment, as well as the pensions of their dependents, shall be calculated in accordance with the legislation in force at the time in which the limitations periods established for the concession of these benefits or under the conditions of legislation now in force.

§ 3°.  All rights and guarantees assured in the constitutional provisions in force on the publication date of this Amendment are maintained for civil servants and military personnel, those who are inactive and those who are pensioned, to those granted amnesty and to ex-combatants, as well as to those that by that date have complied with the requirements for enjoyment of such rights, observing the provision of art. 37, XI of the Federal Constitution.

Art. 4.  Observing the provisions of art. 40, § 10° of the Federal Constitution, the time of service considered by the legislation in force for purposes of retirement, complied with until the law regulating the matter, shall be counted as the time of contribution.

Art. 5.  The provision of art. 202, § 3° of the Federal Constitution as to the requirement of parity between the contribution of the sponsor and the contribution of the insured shall be in effect for a two-year period, starting from the publication of this Amendment or, in case it occurs first, until the publication date of the complementary law referred to in § 4° of the same article.

Art. 6.  Closed private social security entities sponsored by public entities, including public firms and mixed-capital companies, shall review, within a period of two years starting from the publication of this Amendment, their plans for benefits and services in order to adjust them actuarially to their assets, under penalty of intervention. Their directors and those of their respective sponsors shall be civilly and criminally liable for failure to comply with the provisions of this article.

Art. 7.  The drafts of the complementary laws provided for in art. 202 of the Federal Constitution shall be presented to the National Congress in a maximum period of ninety days after publication of this Amendment.

Art. 8.  [Repealed].9

Art. 9.  Observing the provisions of art. 4 of this Amendment and except for the right of option for retirement under the rules established for the general social security regime, the right of retirement is assured to insured persons who have affiliated themselves with the general social security regime prior to the publication date of this Amendment, when cumulatively meeting the following requirements:

  1. I— fifty-three years of age, if male, and forty-eight years of age, if female; and

  2. II— a time of contribution at least equal to the sum of:

    1. a)  thirty-five years, if male, and thirty years, if female; and

    2. b)  an additional period of contribution equivalent to twenty percent of the time lacking to meet the time limit contained in the previous subpart on the publication date of this Amendment.

§ 1°.  So long as they meet the provisions of subparagraph I of the initial paragraph, and observing the provisions of art. 4 of this Amendment, the insureds referred to in this article may retire with the values proportional to their time of contribution, when meeting the following conditions:

  1. I— a time of contribution at a minimum equal to the sum of:

    1. a)  thirty years, if male, and twenty-five years, if female; and

    2. b)  an additional period of contribution equivalent to forty percent of the time lacking to meet the time limits contained in the prior subpart on the publication date of this Amendment;

  2. II— the value of proportional retirement shall be equivalent to seventy percent of the value of retirement referred to in the initial paragraph, increased by five percent per year for contributions that surpass the sum referred to in the prior subparagraph, up to the limit of 100 percent.

§ 2°.  Teachers who, by the publication date of this Amendment, have been actively engaged in teaching and who opt to retire in the form of the provisions of the initial paragraph, shall have their time of service performed prior to publication of this Amendment counted with an increase of seventeen percent, if male, and twenty percent, if female, so long as they retire exclusively with the time from actual performance of teaching activity.

Art. 10.  [Repealed].10

Art. 11.  The prohibition provided for in art. 37, § 10° of the Federal Constitution does not apply to members of a branch, to those who are inactive civil servants and to the military, who, prior to publication of this Amendment, have entered public service through public competitive examinations, or such examinations and comparison of professional credentials, and by other forms provided for in the Federal Constitution, and they are prohibited from receiving more than one retirement under the social security regime referred comparison of professional to in art. 40 of the Federal Constitution. In any case, the limit referred to in art. 11 of the same article shall apply to them.

Art. 12.  Until the laws providing for assessments referred to in art. 195 of the Federal Constitution go into effect, the contributions that are payable as established by law, designed for the funding of social security and various social security regimes, may be collected.

Art. 13.  Until the law that regulates access to the family salary and disability benefits for civil servants, insurers and their dependents, these benefits shall be conceded only to those with a monthly gross income equal or less than R$ 360 (three hundred and sixty reais).11 Until publication of the law, this amount shall be corrected by the same indexes applied to the general social security regime benefits.

Art. 14.  The maximum limit for the value of the general social security regime benefits referred to in art. 201 of the Federal Constitution is fixed at R$ 1,200 (one thousand, two hundred reais), which shall be readjusted, starting from the publication date of this Amendment, in a manner that permanently preserves its real value. It shall be updated by the same indexes applied to the general social security regime benefits.

Art. 15.  Until the complementary law referred to in art. 201, § 1° of the Federal Constitution is published, the provisions of arts. 57 and 58 of Law No. 8.213 of July 24, 1991, shall remain in force as worded on the date of the publication of this Amendment.

Art. 16.  This Constitutional Amendment shall enter into force on the date of its publication.

Art. 17.  Art. 153, § 2°, subparagraph II of the Federal Constitution is repealed.

Brasília, December 19, 2003

Signatures Omitted

Constitutional Amendment No. 21 of March 18, 1999

Extends, alters the rate for the provisional assessment on the movement or transfer of funds and credits or rights of a financial nature referred to in art. 74 of the Transitional Constitutional Provisions Act.

The Executive Committees of the Chamber of Deputies and the Federal Senate, as provided for in § 3° of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  Art. 75, with the following wording, is included in the Transitional Constitutional Provisions Act:

“Art. 75.  Collection of the provisional assessment on the movement or transfer of funds and credits or rights of a financial nature is extended for thirty-six months. This assessment was instituted by Law No. 9.311 of October 24, 1996, as amended by Law No. 9.539 of December 12, 1997, whose duration is also extended for an identical period.

§ 1°.  Observing the provisions of § 6° of art. 195 of the Federal Constitution, the rate of the assessment shall be thirty-eight hundredths of one percent in the first twelve months and thirty hundredths in the following months. The Executive may reduce the rate totally or partially within the limits here defined.

§ 2°.  The results of the increase in tax collections stemming from the change in fiscal years 1999, 2000 and 2001 shall be earmarked for the funding of social security.

§ 3°.  The Union is authorized to issue domestic bonds, whose resources shall be earmarked for the funding of health and social security in an amount equivalent to the proceeds from the collection of the assessment provided for and not realized in 1999.”

Art. 2.  This Amendment shall enter into force on the date of its publication.

Brasília, March 18, 1999

Signatures Omitted

Constitutional Amendment No. 22 of March 18, 1999

Adds to the sole paragraph of art. 98 and modifies subparts “i” of subparagraph I of art. 102 and “c” of subparagraph I of art. 105 of the Federal Constitution.

The Executive Committees of the Chamber of Deputies and the Federal Senate, in the terms of § 3° of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  The following sole paragraph is added to art. 98 of the Federal Constitution:

“Art. 98. 

Sole paragraph.  Federal law shall provide for the creation of special courts in the area of Federal Justice.”

Art. 2.  Subpart i of subparagraph I of art. 102 of the Federal Constitution shall be hereafter in force with the following wording:

“Art. 102. 

  1. I— 

    1. i)  habeas corpus, when the constraining party is a Superior Tribunal or when the constraining party or the constrained party is an authority or functionary whose acts are directly subject to the jurisdiction of the Supreme Federal Tribunal, or if in the case of a crime subject to the original jurisdiction of the Supreme Federal Tribunal; …”

Art. 3.  Subpart c of subparagraph I of art. 105 of the Federal Constitution shall be hereafter in force with the following wording:

“Art. 105. 

  1. I— 

    1. c)  habeas corpus, when the constraining party or the constrained party is any person mentioned in subpart a, or when the constraining party is a tribunal subject to its jurisdiction, or a Minister of the Federal Government, with the exception of the jurisdiction of the Electoral Tribunals; …”

Art. 4.  This Constitutional Amendment shall enter into force on the date of its publication.

Brasília, March 18, 1999

Signatures Omitted

Constitutional Amendment No. 23 of September 2, 1999

Alters arts. 12, 52, 84, 91, 102 and 105 of the Federal Constitution (Creation of the Ministry of Defense).

The Executive Committees of the Chamber of Deputies and the Federal Senate, in the terms of § 3° of Art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  Arts. 12, 52, 84, 91, 102 and 105 of the Federal Constitution shall be hereafter in force with the following alterations:

“Art. 12. 

§ 3°.   …

  1. VII— the Minister of Defense. …”

“Art. 52. 

  1. I— to try for impeachable offenses the President and the Vice President of the Republic, as well as Ministers of the Federal Government and the Commanders of the Navy, the Army and the Air Force for crimes of the same nature connected with them; …”

“Art. 84. 

  1. XIII— exercise supreme command over the Armed Forces, appoint the commanders of the Navy, the Army and the Air Force, promote their generals and appoint them to positions held exclusively by them; …”

“Art. 91. 

  1. V— the Minister of the State of Defense; …

  2. VIII— the Commanders of the Navy, the Army and the Air Force. …”

“Art. 102. 

  1. I— 

    1. c)  charges of common criminal offenses and impeachable offenses against Ministers of the Federal Government and the Commanders of the Navy, the Army and the Air Force, except for the provision of art. 52, I, members of the Superior Tribunals and the Tribunal of Accounts of the Union, and chiefs of permanent diplomatic missions; …”

“Art. 105. 

  1. I— 

    1. b)  writs of security and habeas data against the acts of a Minister of the Federal Government, the Commanders of the Navy, the Army and the Air Force, or of the Tribunal itself;

    2. c)  habeas corpus, when the constraining party or the constrained party is any person mentioned in subsection a, or when the constraining party is a tribunal subject to its jurisdiction, a Minister of Federal Government or a Commander of the Navy, the Army or the Air Force, with the exception of the jurisdiction of the Electoral Tribunals; …”

Art. 2.  This Constitutional Amendment shall enter into force on the date of its publication.

Brasília, September 2, 1999

Signatures Omitted

Constitutional Amendment No. 24 of December 9, 1999

Changes provisions of the Federal Constitution with respect to class representation in the Labor Courts.

The Executive Committees of the Chamber of Deputies and the Federal Senate, under the terms of § 3° of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  Arts. 111, 112, 113, 115 and 116 of the Federal Constitution shall be hereafter in force with the following wording:

“Art. 111. 

  1. III— Labor Judges.

§ 1°.  The Superior Labor Tribunal shall be composed of seventeen Ministers, who are professional judges with life tenure, chosen from Brazilians over thirty-five years and under sixty-five years of age, appointed by the President of the Republic after approval by the Federal Senate, with eleven chosen from among judges who are career members of the Labor Courts, three from among lawyers, and three from among the members of the Labor Public Ministry.

  1. I— [Repealed].

  2. II— [Repealed].

§ 2°.  The Tribunal shall send to the President of the Republic lists of three names, observing the provisions of art. 94 with respect to vacancies destined for lawyers and members of the Public Ministry; the lists of three names for filling the positions destined for career labor judges shall be prepared by the professional Ministers with life tenure. …”

“Art. 112.  Each State and the Federal District shall have at least one Regional Labor Tribunal, and the law shall set up the Labor Courts. In those judicial districts where such courts are not set up, the law may confer this jurisdiction on judges of law.

“Art. 113.  The law shall provide for the constitution, investiture, jurisdiction, guarantees and conditions for the performance of the agencies of the Labor Courts. …

“Art. 115.   The Regional Labor Tribunals shall be composed of judges appointed by the President of the Republic, observing the proportionality set out in art. 111 § 2°.

Sole paragraph. 

  1. III— [Repealed].”

“Art. 116.  Jurisdiction in the Labor Courts shall be exercised by a single judge.

Sole paragraph.  [Repealed].”

Art. 2.  Completion of the mandates of the current temporary class Ministers of the Superior Labor Court and the temporary class judges of the Regional Labor Tribunals and the Boards of the Conciliation and Judgment is assured.

Art. 3.  This Constitutional Amendment shall enter into force on the date of its publication.

Art. 4.  Art. 117 of the Federal Constitution is repealed.

Brasília, December 9, 1999

Signatures Omitted

Constitutional Amendment No. 25 of February 14, 2000

Modifies Subparagraph VI of art. 29 and adds art. 29-A to the Federal Constitution, providing limits on the expenditures of County Legislatures.

The Executive Committees of the Chamber of Deputies and of the Federal Senate, as provided for in § 3° of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  Subparagraph VI of art. 29 of the Federal Constitution shall be hereafter in force with the following wording:

“Art. 29. 

  1. VI— the fixed compensation of Aldermen shall be determined by the respective County Legislature in each legislative term for the following one, observing what is provided for in this Constitution, the criteria established in the respective Organic Law and the following maximum limits:

    1. a)  in Counties up to ten thousand inhabitants, the maximum fixed compensation for Aldermen shall correspond to twenty percent of the fixed compensation of State Representatives;

    2. b)  in Counties between ten thousand and one and fifty thousand inhabitants, the maximum fixed compensation for Aldermen shall correspond to thirty percent of the fixed compensation of State Representatives;

    3. c)  in Counties of fifty thousand and one to one hundred thousand inhabitants, the maximum fixed compensation for Aldermen shall correspond to forty percent of the fixed compensation of State Representatives;

    4. d)  in Counties of one hundred thousand and one to three hundred thousand inhabitants, the maximum fixed compensation for Aldermen shall correspond to fifty percent of the fixed compensation of State Representatives;

    5. e)  in Counties of three hundred thousand and one to five hundred thousand inhabitants, the maximum fixed compensation for Aldermen shall correspond to sixty percent of the fixed compensation of State Representatives;

    6. f)  in Counties of more than five hundred thousand inhabitants, the maximum fixed compensation for Aldermen shall correspond to seventy-five percent of the fixed compensation of State Representatives.”

Art. 2.  The Federal Constitution shall be hereafter in force with the addition of the following art. 29-A:

“Art. 29-A.  The total expenditures of County Legislatures, including Aldermen’s fixed compensation but excluding the expenses with the inactive, may not exceed the following percentages, with respect to the sum of tax receipts and transferences provided for in § 5° of art. 153 and arts. 158 and 159, effectively realized in the prior fiscal year:

  1. I— eight percent for Counties with a population of up to one hundred thousand inhabitants;

  2. II— seven percent for Counties with a population between one hundred thousand and one and three hundred thousand inhabitants;

  3. III— six percent for Counties with a population between three hundred thousand and one and five hundred thousand inhabitants;

  4. IV— five percent for Counties with a population greater than five hundred thousand inhabitants.

§ l°.  A County Legislature shall not spend more than seventy percent of its receipts on payrolls, including expenditures for fixed compensation of its Aldermen.

§ 2°.  It constitutes an impeachable offense for the County Prefect:

  1. I— to carry out transfers that exceed the limits defined in this article;

  2. II— to not send or transfer by the twentieth day of each month; or

  3. III— to send less than the proportion fixed in the Budget Law.

§ 3°.  It constitutes an impeachable offense for the President of the County Legislature to disrespect § 1° of this article.”

Art. 3.  This Constitutional Amendment shall enter into force on January 1st, 2001.

Brasília, February 14, 2000

Signatures Omitted

Constitutional Amendment No. 26 of February 14, 2000

Changes the wording of art. 6 of the Federal Constitution

The Executive Committees of the Chamber of Deputies and of the Federal Senate, as provided for in § 3° of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  Art. 6 of the Federal Constitution shall be hereafter in force with the following wording:

“Art. 6.  Education, health, labor, housing, leisure, security, social security, protection of motherhood and childhood and assistance to the destitute, are social rights, in the form of this Constitution.”

Art. 2.  This Constitutional Amendment shall enter into force on the day of its publication.

Brasília, February 14, 2000

Signatures Omitted

Constitutional Amendment No. 27 of March 21, 2000

Adds art. 76 to the Transitional Constitutional Provisions Act, instituting unlinking of collection of the Union’s taxes and assessments.

The Executive Committees of the Chamber of Deputies and of the Federal Senate, under the terms of § 3° of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  Art. 76, with the following wording, shall be included in the Transitional Constitutional Provisions Act:

“Art. 76.  Twenty percent of the Union’s collection of taxes and assessments, already instituted or that come to be created in the referred to period, as well as their surcharges and respective legal increments, are unlinked from the agency, fund or expense during the period from 2000 to 2003.

§ 1°.  The provision in the initial paragraph of this article shall not reduce the basis for calculation for transferences to the States, Federal District, or Counties in the form of arts. 153, §5°; 157, I; 158, I and II; and 159, I, a and b, and II of the Constitution, as well as the basis for calculation of applications in the programs for financing the productive sectors of the North, Northeast and Center-West regions referred to in art. 159, I, c of the Constitution.

§ 2°.  Collection of the educational salary assessment referred to in art. 212, § 5° of the Constitution, shall be excepted from the unlinking referred to in the initial paragraph of this article.”

Art. 2.  This Amendment shall enter into force on the date of its publication.

Brasília, March 21, 2000

Signatures Omitted

Constitutional Amendment No. 28 of May 25, 2000

Rewords subparagraph XXIX of art. 7 and revokes art. 233 of the Federal Constitution.

The Executive Committees of the Chamber of Deputies and the Federal Senate, in the terms of § 3° of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text.

Art. 1.  Subparagraph XXIX of art. 7 of the Federal Constitution shall be hereafter in force with the following wording:

“XXIX—a cause of action for amounts due from employment relationships, with a statute of limitations of five years for urban and rural workers, up to a limit of two years after termination of the labor contract.”

  1. a)  [Repealed].

  2. b)  [Repealed].”

Art. 2.  Art. 233 of the Federal Constitution is repealed.

Art. 3.  This Constitutional Amendment shall enter into force on the date of its publication.

Brasília, May 25, 2000

Signatures Omitted

Constitutional Amendment No. 29 of September 13, 2000

Modifies arts. 34, 35, 156, 160, 167, and 198 of the Federal Constitution and adds an article to the Transitional Constitutional Provisions Act, to assure minimum resources for the financing of public health activities and services.

The Executive Committees of the Chamber of Deputies and the Federal Senate, as provided for in § 3° of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  Subpart e of subparagraph VII of art. 34 shall be hereafter in force with the following wording:

“Art. 34. 

  1. VII. 

    1. e)  application of the minimum required from the proceeds resulting from state taxes, including those stemming from transfers, for maintenance and development of education and for public health activities and services.”

Art. 2.  Subparagraph III of art. 35 shall go into force with the following wording:

“Art. 35. 

  1. III— the required minimum amount of county revenues has not been applied for maintenance and development of education and public health activities and services;”

Art. 3.  § 1° of art. 156 of the Federal Constitution shall be hereafter in force with the following wording:

“Art. 156. 

§ 1°.  Without prejudice to the progressivity in time to which art. 182, § 4°, subparagraph II refers, the tax provided for in subparagraph I may:

  1. I— be progressive in accordance with the value of the real property; and

  2. II— have different rates in accordance with the location and use of the real property.”

Art. 4.  The sole paragraph of art. 160 shall be hereafter in force with the following wording:

“Art. 160. 

Sole paragraph.  This prohibition does not prevent the Union and the States from conditioning delivery of funds:

  1. I— upon payment of their loans, including those of their autarchies;

  2. II— upon compliance with the provision of art. 198, § 2°, subparagraphs II and III.”

Art. 5.  Subparagraph IV of art. 167 shall be hereafter in force with the following wording:

“Art. 167. 

  1. IV— bind receipt of tax revenues to an agency, fund or expenditure, except for apportionment of the proceeds from the collection of taxes referred to in arts. 158 and 159, allocation of funds for public health activities and services and for maintenance and development of education, as determined respectively in arts. 198, § 2°, and 212, and guaranteeing loans by anticipating revenues provided for in art. 165, § 8°, as well as the provisions of § 4° of this article;”

Art. 6.  Art. 198 shall be hereafter in force with the addition of the following §§ 2° and 3°, renumbering the present sole paragraph as § 1°:

“Art. 198. 

§ 1°.  (the original sole paragraph)

§ 2°.  The Union, States, Federal District and Counties shall apply annually in public health activities and services a minimum of the funds derived from the application of percentages calculated on:

  1. I— in the case of the Union, in the manner defined by the terms of the complementary law provided for in § 3°;

  2. II— in the case of the States and the Federal District, the amount of tax collections referred to in art. 155 and the funds referred to in arts. 157 and 159, subparagraph I, a, and subparagraph II, deducting the amounts transferred to the respective Counties;

  3. III— in the case of the Counties and the Federal District, the amount of tax collections referred to in art. 156 and the funds referred to in arts. 158 and 159, subparagraph I, b, and § 3°.

§ 3°.  A complementary law, which shall be reevaluated at least every five years, shall establish:

  1. I— the percentages referred to in § 2°;

  2. II— the criteria for allocating the Union’s funds linked to health destined for the States, Federal District and the Counties, and from the States destined to their respective Counties, with the goal of progressive reduction in regional disparities;

  3. III— the rules for supervision, evaluation and control of health expenditures in the federal, state, district and county spheres;

  4. IV— the rules for calculation of the amounts to be applied by the Union.”

Art. 7.  The Transitional Constitutional Provisions Act shall be hereafter in effect with the addition of the following art. 77:

“Art. 77. 

Until fiscal year 2004, the minimum resources applied in public health activities and services shall be equivalent to:

  1. I— for the Union:

    1. a)  in the year 2000, the amount employed in public health activities and services in fiscal year 1999, increased by a minimum of five percent;

    2. b)  in the years 2001 to 2004, the value determined for the prior year, corrected by the nominal variation in the Gross Internal Product (PIB);

  2. II— for the States and the Federal District, twelve percent of the proceeds of the tax collections referred to in art. 155 and the funds referred to in arts. 157 and 159, subparagraph I, a, and subparagraph II, deducting the amounts transferred to the respective Counties; and

  3. III— for the Counties and the Federal District, fifteen percent of the proceeds of the tax collections referred to in art. 156 and the funds referred to in arts. 158 and 159, subparagraph I, b and § 3°.

§ 1°.  States, the Federal District and Counties applying lower percentages than those fixed in subparagraphs II and III must gradually elevate these percentages by fiscal year 2004, reducing the difference by at least by one-fifth annually, so that starting in 2000, their applications shall be at least seven percent.

§ 2°.  From the Union’s funds determined in accordance with this article, a minimum of fifteen percent shall be applied to basic health activities and services in the Counties according to population, as provided by law.

§ 3°.  The funds of the States, the Federal District and Counties destined for public health activities and services and those transferred by the Union for the same purpose shall be applied through the Health Fund, which shall be accompanied and supervised by the Health Council, without prejudice to the provisions of art. 74 of the Federal Constitution.

§ 4°.  In the absence of the complementary law referred to in art. 198, § 3°, starting in fiscal year 2005, the Union, States, Federal District and Counties shall apply the provisions of this article.”

Art. 8.  This Constitutional Amendment shall go into force on the date of its publication.

Brasília, September 13, 2000

Signatures Omitted

Constitutional Amendment No. 30 of September 13, 2000

Changes the wording of Art. 100 of the Federal Constitution and adds Art. 78 to the Transitional Constitutional Provisions Act, referring to the payment of judicial orders of payment.

The Executive Committees of the Chamber of Deputies and the Federal Senate, in the terms of § 3° of Art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  Art. 100 of the Federal Constitution shall be hereafter in force with the following wording:

“Art. 100. 

§ 1°.  The budgets of public law entities must include funds required for payment of their debts stemming from final non-appealable judgments for which judicial orders of payment were submitted by July 1st. Payments shall be made by the end of the following fiscal year, at which time their value shall be monetarily updated.

§ 1°–A.  Debts for support include those stemming from salaries, wages, earnings, pensions and their complementary provisions, social security benefits, and indemnification for death or disability, based on civil liability imposed by a final, non-appealable judgment.

§ 2°.  The budgetary appropriations and the opened credits shall be consigned directly to the Judiciary. It is the duty of the President of the Tribunal rendering the decision that permits execution on the judgment to determine payment according to the possibilities of the deposits, and to authorize, at the request of the creditor, and attachment of the quantity necessary to satisfy the debt, but only in the event of failure to respect his right of precedence.

§ 3°.  The provision in the initial paragraph of this article with respect to issuance of judicial orders of payment does not apply to payment of obligations defined by law as small amounts, which must be paid by Federal, State, District or County Treasuries by virtue of a final non-appealable judgment.

§ 4°.  The law may fix distinct values for the purpose of § 3° of this article, according to the different capacities of the public law entities.

§ 5°.  The President of the competent Tribunal who, by an act of commission or omission, delays or tries to frustrate the regular liquidation of a judicial order of payment commits an impeachable offense.”

Art. 2.  Art. 78, with the following wording, shall be added to the Transitional Constitutional Provisions Act:

“Art. 78. 

Except for the debts defined by law as small amounts, those of a support nature, those referred to in art. 33 of the Transitional Constitutional Provisions Act and their complementary provisions, and those that have had their respective funds liberated or deposited with the court, the judicial orders of payment pending on the date of the promulgation of this Amendment and those stemming from initial actions adjudicated by December 31, 1999, shall be liquidated in currency at their real value, plus legal interest, in annual equal and successive installments over a maximum period of ten years. These debts may be assigned.

§ 1°.  At the discretion of the creditor, the installment may be broken down into parts.

§ 2°.  If not liquidated by the end of the referred to fiscal year, the annual installments referred to in the initial paragraph of this article may be used for payment of the debtor entity’s taxes.

§ 3°.  The period referred to in the initial paragraph of this article shall be reduced by two years in cases of judicial orders of payment arising from expropriation of the creditor’s residential real property, provided that this was duly proven to be the condemnee’s only property at the time of turning over possession.

§ 4°.  At the request of the creditor, the President of the competent Tribunal shall require or determine the attachment of financial resources of the entity against which execution has been made, in an amount sufficient to satisfy the installment, whenever the period has past, or if there is an omission in the budget or a failure to respect the right of precedence.”

Art. 3.  This Constitutional Amendment shall enter into force on the date of its publication.

Brasília, September 13, 2000

Signatures Omitted

Constitutional Amendment 31 of December 14, 2000

Alters the Transitional Constitutional Provisions Act, introducing articles that create the Fund for the Combat and Eradication of Poverty.

The Executive Committees of the Chamber of Deputies and the Federal Senate, under the terms of § 3° of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  The following articles are added to the Transitional Constitutional Provisions Act of the Federal Constitution:

“Art. 79.  The Fund for the Combat and Eradication of Poverty is created within the sphere of the Federal Executive, effective until the year 2010. The Fund is to be regulated by a complementary law whose purpose is to make it viable for all Brazilians to have access to dignified levels of subsistence. The Fund’s resources shall be applied to supplement nutrition, housing, education, health, reinforcement of family income and other social interest programs designed to improve the quality of life.

Sole paragraph.  The Fund provided for in this article shall have an Accompanying Consultative Council with participation by representatives of civil society, as provided for by law.”

“Art. 80. 

The Fund for the Combat and Eradication of Poverty shall consist of:

  1. I— a portion of the proceeds of tax receipts corresponding to a surtax of eight-hundredths of one percent, applicable from June 18, 2000 to June 17, 2002, on the social assessment rate set out in art. 75 of the Transitional Constitutional Provisions Act;

  2. II— the part of the proceeds of tax receipts corresponding to a surtax of five percentage points on the Tax on Industrialized Products (IPI) rate, or any tax that may replace it, incident upon superfluous products and applicable until the extinction of the Fund;

  3. III— the proceeds of the receipts from the tax set out in art. 153, subparagraph VII of the Constitution;

  4. IV— budgetary appropriations;

  5. V— donations of whatever nature from individuals or legal entities, national or foreign;

  6. VI— other receipts to be defined in the regulations of this Fund.

§ 1°.  The provisions of arts. 159 and 167, subparagraph IV of the Constitution, as well as any other unlinking of budgetary resources, do not apply to the resources that make up the Fund referred to in this article.

§ 2°.  During the period between June 18, 2000 and the entry into force of the complementary law referred to in art. 79, the receipts stemming from the provisions of subparagraph I of this article shall be totally repassed to the Fund, preserving its real value in federal public securities, progressively redeemable after June 18, 2000, as provided for by law.”

“Art. 81.  A Fund is created, constituted with the resources received by the Union from privatization of mixed-capital companies or firms controlled, either directly or indirectly, by the State, when the operation involves alienation of respective shareholder control to a person or entity that is not a part of the public administration, or the shareholder participation remaining after alienation. Starting on June 18, 2002, the earnings generated by this Fund shall revert to the Fund for the Combat and Eradication of Poverty.

§ 1°.  In case the annual amount of the funds transferred to the Fund for the Combat and Eradication of Poverty, in accordance with this article, is less than four billion reais, the difference shall be completed in the form of art. 80, subparagraph IV, of the Transitional Constitutional Provisions Act.

§ 2°.  Without prejudice to the provision of § 1°, the Executive shall earmark for the Fund referred to in this article other receipts stemming from alienation of property of the Union.

§ 3°.  Organization of the Fund referred to in the initial paragraph, transference of funds to the Fund for the Combat and Eradication of Poverty, and the other provisions referring to § 1° of this article shall be regulated by law. The provision of art. 165, § 9°, subparagraph II of the Constitution shall not be applied.”

“Art. 82.  The States, the Federal District, and the Counties shall institute Funds for the Combat of Poverty, with the resources referred to in this article and others that shall come to be earmarked for them. These Funds shall be managed by entities in which civil society participates.

§ 1°.  For financing State and District Funds, a surcharge of up to two percentage points may be created on the rate for the Tax on the Circulation of Merchandise and Services (ICMS), or the tax that may replace it, on superfluous products and services. The provision of art. 158, subparagraph IV of the Constitution, does not apply to this surtax.

§ 2°.  For the financing of County Funds, a surcharge may be created of up to one-half of one percent on the rate of the Tax on Services or the tax that may replace it, on superfluous services.”

“Art. 83.  Federal law shall define the superfluous products and services referred to in arts. 80, subparagraph II, and 82 §§ 1° and 2°.”

Art. 2.  This Constitutional Amendment shall enter into force on the day of its publication.

Brasília, December 14, 2000

Signatures Omitted

Constitutional Amendment No. 32 of September 11, 2001

Modifies provisions of arts. 48, 57, 61, 62, 64, 66, 84, 88 and 246 of the Federal Constitution and makes other provisions.

The Executive Committees of the Chamber of Deputies and the Federal Senate, as provided for in § 3° of Art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  Arts. 48, 57, 61, 62, 64, 66, 84, 88 and 246 of the Federal Constitution shall be hereafter in force with the following wording:

“Art. 48. 

  1. X— creation, transformation and abolition of public offices, employment and positions, observing what has been established in art. 84, VI, b;

  2. XI— creation and abolition of Ministries and agencies of public administration;”

“Art. 57. 

§ 7°.  In an extraordinary legislative session, the National Congress shall consider only matters for which it was convoked, except in the situation of § 8°. Payment of a compensatory sum in an amount superior to the monthly fixed compensation is forbidden.

§ 8°.  If provisional measures are in force on the date of the extraordinary session of the National Congress, such measures shall automatically be included on the docket of the convocation.”

“Art. 61. 

§ 1°.   …

  1. II— 

e) creation and abolition of Ministries and agencies of public administration, observing the provisions of art. 84, VI; …”

“Art. 62.  In relevant and urgent cases, the President of the Republic may adopt provisional measures with the force of law; such measures shall be submitted immediately to the National Congress.

§ 1°.  Provisional measures may not be issued on matters:

  1. I— with respect to:

    1. a)  nationality, citizenship, political rights, political parties and electoral law;

    2. b)  criminal law, criminal procedure and civil procedure;

    3. c)  organization of the Judiciary and the Public Ministry, as well as the careers and guarantees of their members;

    4. d)  multi-year plans, budgetary directives, budget and additional and supplementary credits, except as provided for in art. 167, § 3°;

  2. II— that deal with detention or sequestration of property, popular savings or any other financial assets;

  3. III— that are reserved for complementary law;

  4. IV— that have already been regulated in a bill approved by the National Congress which is awaiting approval or veto of the President of the Republic.

§ 2°.  A provisional measure that involves institution of or an increase in taxes, except as provided for in arts. 153, I, II, IV, V, and 154, II, shall only produce effects in the following fiscal year if it has been converted into law by the last day of the [fiscal year] in which it was issued.

§ 3°.  Except as provided for in §§ 11° and 12°, provisional measures shall lose their effectiveness as of the day of their issuance if they are not converted into law within a period of sixty days, which may be extended once, in the terms of § 7°, for an equal period. It is the responsibility of the National Congress to regulate, by legislative decree, the legal relations stemming from such measures.

§ 4°.  The period referred to in § 3° shall start to run from the publication of the provisional measure. The running of this period is tolled during the periods the National Congress is in recess.

§ 5°.  The deliberation of each of the Houses of the National Congress on the merits of provisional measures shall depend upon a prior judgment as to their compliance with constitutional requirements.

§ 6°.  If it has not been considered within forty-five days, counting from its publication date, the provisional measure shall enter into a regime of urgency. Subsequently, in each of the Houses of the National Congress, all other legislative deliberations of the House to which it was presented should be suspended until it is finally voted upon.

§ 7°.  The effectiveness of a provisional measure may be extended once for sixty days if, during the sixty-day period counting from its publication date, it has not been submitted to a final vote in the two Houses of the National Congress.

§ 8°.  Provisional measures shall be voted on first in the Chamber of Deputies.

§ 9°.  A mixed commission of Deputies and Senators shall have the duty to examine provisional measures and to issue an opinion about them, prior to their being considered, in separate sessions, by the full membership of each of the Houses of National Congress.

§ 10°.  Re-edition, in the same legislative session, of a provisional measure that has been rejected or that has lost its efficacy by the running of time, is forbidden.

§ 11°.  If the legislative decree referred to in § 3° is not issued within sixty days after rejection or loss of efficacy of a provisional measure, the legal relations constituted under it or stemming from acts practiced during the time it was in effect shall remain in effect and shall be governed by these measures.

§ 12°.  If a bill to convert or modify the original text of a provisional measure has been approved, the provisional measure shall be maintained integrally in force until the bill is signed or vetoed.”

“Art. 64. 

§ 2°.  In the case of § 1°, if the Chamber of Deputies and the Federal Senate fail to act on the bill successively within forty-five days, all other legislative deliberations shall be suspended in the respective House, with the exception of those that have a determined constitutional period, until the bill is finally voted upon.”

“Art. 66. 

§ 6°.  If the period established in § 4° lapses without a vote, the veto shall be placed on the order of the day for the immediate session, suspending all other propositions, until its final vote.”

“Art. 84. 

  1. VI— to provide for by decree with respect to:

    1. a)  organization and functioning of the federal administration, when this does not imply an increase in expense nor the creation or abolition of public agencies;

    2. b)  the abolition of public positions or offices, when unoccupied; …”

“Art. 88.  The law shall provide for the creation and abolition of Ministries and agencies of public administration.”

“Art. 246.  No provisional measure may be adopted to regulate an article of the Constitution whose wording has been altered by means of a constitutional amendment promulgated between January 1, 1995, and the promulgation of this Amendment.”

Art. 2.  Provisional measures issued prior to the publication of this Amendment shall continue in force until repealed explicitly by a later provisional measure or until a definitive determination by the National Congress.

Art. 3.  This Amendment shall enter into force on the day of its publication.

Brasília, September 11, 2001

Signatures Omitted

Constitutional Amendment No. 33 of December 11, 2001

Modifies arts. 149, 155 and 177 of the Federal Constitution.

The Executive Committees of the Chamber of Deputies and the Federal Senate, as provided for in § 3° of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  Art. 149 of the Federal Constitution shall be hereafter in force by adding the following paragraphs, renumbering the present sole paragraph as § 1°:

“Art. 149. 

§ 1°. 

§ 2°.  The social contributions and the assessment for intervention in the economic domain referred to in the initial paragraph of this article:

  1. I— shall not be levied on export proceeds;

  2. II— may be levied upon imports of petroleum and its by-products, natural gas and its by-products and fuel alcohol;

  3. III— the rates may be:

    1. a)  ad valorem, based upon the invoice, gross receipts or the value of the transaction and, in the case of imports, the customs value;

    2. b)  specific, based upon the unit of measure adopted.

§ 3°.  An individual importer may be treated as the equivalent of a legal entity, as provided by law.

§ 4°.  The law shall define the situations in which assessments shall be incurred only once.”

Art. 2.  Art. 155 of the Federal Constitution shall be hereafter in force with the following changes:

“Art. 155. 

§ 2°.   …

  1. IX— 

    1. a)  on the entry of goods or merchandise imported from abroad by an individual or a legal entity, even though not a habitual taxpayer, regardless of purpose, as well as on services performed abroad, the tax being allocated to the State where the domicile or establishment of the recipient of the merchandise, goods or services is located; …

  2. XII— 

    1. h)  define fuels and lubricants on which the tax shall be imposed only once, regardless of end use, in which case the provision in subparagraph X, b, shall not apply;

    2. i)  fix the basis for calculation so that the tax falls up on the entire amount, as well as upon the importation from abroad of the good, merchandise or service.

§ 3°.  Except for the taxes referred to in subparagraph II of the initial paragraph of this article and in art. 153, I and II, no other tax may be levied upon transactions relating to electric energy, telecommunication services, petroleum by-products, fuels, and minerals of the Country.

§ 4°.  In the case of subparagraph XII, h, the following shall be observed:

  1. I— in transactions involving lubricants and fuels derived from petroleum, the tax shall be allocated to the State where consumption occurs;

  2. II— in interstate transactions, between taxpayers, involving natural gas and its by-products and lubricants and fuels not included in subparagraph I of this paragraph, the tax shall be divided between the States of origin and destination, maintaining the same proportion that occurs in transactions involving other merchandise;

  3. III— in interstate transactions involving natural gas and its by-products, and lubricants and fuels not included in subparagraph I of this paragraph, and destined to the non-taxpayer, the tax shall belong to the State of origin;

  4. IV— the rates of the tax shall be defined by determination of the States and the Federal District, in accordance with § 2° art. XII, g, observing the following:

    1. a)  they shall be uniform in all national territory, but may be differentiated by product;

    2. b)  they may be specific by unit of measure adopted or ad valorem, levied on the value of the transaction or on the price for the product or its similar in freely competitive sales;

    3. c)  they may be reduced and re-established, the provision of art. 150, III, b, being inapplicable.

§ 5°.  The rules necessary for application of the provisions of § 4°, including those relating to the ascertainment and destination of the tax, shall be established by determination of the States and the Federal District, in accordance with § 2°, XII, g.”

Art. 3.  Art. 177 of the Federal Constitution shall be hereafter in force with the addition of the following paragraph:

“Art. 177. 

§ 4°.  The law that institutes an assessment for intervention in the economic domain relating to the activities of importation or marketing of petroleum and its by-products, natural gas and its by-products and fuel alcohol shall obey the following requirements:

  1. I— the rate of assessment may be:

    1. a)  differentiated by product or use;

    2. b)  reduced and re-established by act of the Executive, without applying the provision of art. 150, III, b;

  2. II— the proceeds collected shall be destined for:

    1. a)  paying subsidies for the prices or transportation of fuel alcohol, natural gas and its by-products and petroleum by-products;

    2. b)  financing environmental projects related to the petroleum and gas industries;

    3. c)  financing infrastructure programs in transportation.”

Art. 4.  During the period that the complementary law referred to in art. 155, § 2°, XII, h of the Federal Constitution, is not in force, the States and the Federal District, by means of a compact celebrated in accordance with the terms of § 2°, XII, g of the same article, shall fix the rules provisionally regulating the subject.

Art. 5.  This Constitutional Amendment shall enter into force on the date of its publication.

Brasília, December 11, 2001

Signatures Omitted

Constitutional Amendment No. 34 of December 13, 2001

Rewords subpart c of subparagraph XVI of art. 37 of the Federal Constitution.

The Executive Committees of the Chamber of Deputies and the Federal Senate, as provided for in § 3° of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  Subpart c of subparagraph XVI of art. 37 of the Federal Constitution shall be hereafter in force with the following wording:

“Art. 37. 

  1. XVI— 

    1. c)  as to two exclusive positions or employment for health professionals with regulated professions; …”

Art. 2.  This Constitutional Amendment shall enter into force on the date of its publication.

Brasília, December 13, 2001

Signatures Omitted

Constitutional Amendment No. 35 of December 20, 2001

Rewords art. 53 of the Federal Constitution.

The Executive Committees of the Chamber of Deputies and the Federal Senate, as provided for in §3° of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  Art. 53 of the Federal Constitution shall be hereafter in force with the following changes:

“Art. 53.  The Deputies and Senators shall enjoy civil and criminal immunity for any of their opinions, words and votes.

§ 1°.  From the date of their investiture, Deputies and Senators shall be tried by the Supreme Federal Tribunal.

§ 2°.  From the date of their investiture, members of the National Congress may not be arrested, except in flagrante delicto, for a non-bailable crime. In this case, the police record shall be sent within twenty-four hours to the respective Chamber, which, by majority vote of its members, shall decide as to imprisonment.

§ 3°.  When an accusation has been received against a Senator or Deputy for a crime committed after investiture, the Supreme Federal Tribunal shall notify the respective Chamber, which, upon initiative of a political party represented therein and by a majority vote of its members may, suspend the proceedings in the case any time prior to a final decision.

§ 4°.  Upon receipt by the Executive Committee, a request for a suspension shall be acted upon by the respective Chamber during a non-extendable period of forty-five days.

§ 5°.  A suspension shall toll the running of the limitations period for the duration of the mandate.

§ 6°.  Deputies and Senators shall not be obliged to testify about information received or given because of exercise of their mandates, nor against those who confided in them or received information from them.

§ 7°.  Calling of Deputies and Senators to duty in the Armed Forces, even if they are in the military and even in war time, shall depend upon prior authorization from the respective Chamber.

§ 8°.  Immunity of Deputies or Senators shall continue during a state of siege and may be suspended only by vote of two-thirds of the members of the respective Chamber, in cases of acts performed outside the premises of Congress that are incompatible with the implementation of such a measure.”

Art. 2.  This Constitutional Amendment shall enter into force on the date of its publication.

Brasília, December 20, 2001

Signatures Omitted

Constitutional Amendment No. 36 of May 28, 2002

Rewords Art. 222 of the Federal Constitution to permit participation of legal entities in the social capital of journalism, radio and television broadcasting firms, on specified conditions.

The Executive Committees of the Chamber of Deputies and of the Federal Senate, under the terms of § 3° of Art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  Art. 222 of the Federal Constitution shall be hereafter in force with the following wording:

“Art. 222.  Ownership of journalism and firms broadcasting sound or images with sound is restricted to native-born Brazilians or those naturalized for more than ten years, or to legal entities organized under Brazilian law and with their headquarters in the Country.

§ 1°.  In either case, at least seventy percent of the total capital and voting capital of journalism and firms broadcasting sound or images with sound must be owned, directly or indirectly, by native-born Brazilians or those naturalized for more than ten years, who must manage the activities and determine the programming content.

§ 2°.  In any means of social communication, editorial responsibility and activities of selecting and directing programming are restricted to native-born Brazilians or those naturalized for more than ten years.

§ 3°.  Irrespective of the technology utilized for rendering the service, electronic means of social communication shall observe the principles enunciated in Art. 221, in the form of a specific law that shall also guarantee the priority of Brazilian professionals in the execution of national productions.

§ 4°.  Participation of foreign capital in the firms referred to in § 1° shall be regulated by law.

§ 5°.  Changes in controlling shareholders in the firms referred to in § 1° shall be communicated to the National Congress.”

Art. 2.  This Constitutional Amendment shall enter into force on the day of its publication.

Brasília, May 28, 2002

Signatures Omitted

Constitutional Amendment No. 37 of June 12, 2002

Modifies Arts. 100 and 156 of the Federal Constitution and adds Arts. 84, 85, 86, 87, and 88 to the Transitional Constitutional Provisions Act.

The Executive Committees of the Chamber of Deputies of the Federal Senate, in the terms of § 3° of Art. 60 the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  Art. 100 of the Federal Constitution shall be hereafter in force with the addition of the following § 4°, renumbering the subsequent paragraphs:

“Art. 100. 

§ 4°.  It is prohibited to issue a judicial order of payment complementary or supplementary to the amount paid, as well as to fractionize, divide or reduce the value of its execution, for the purpose of not making its payment, in part, in the form established in § 3° of this article and, in part, through issuance of a judicial order of payment.”

Art. 2.  Art. 156 § 3° of the Federal Constitution shall be hereafter in force with the following wording:

“Art. 156. 

§ 3°.  With respect to the tax provided for in subparagraph II of the initial paragraph of this article, a complementary law shall:

  1. I— set maximum and minimum rates;

  2. II— exclude from its application exports of services;

  3. III— regulate the form and conditions as well as fiscal exemptions, incentives and benefits that shall be granted and revoked.”

Art. 3.  The Transitional Constitutional Provisions Act shall be hereafter in force with the addition of the following Arts. 84, 85, 86, 87 and 88:

“Art. 84.  The provisional assessment on transactions or transference of funds and credits or rights of a financial nature, provided for in arts. 74, 75 and 80, I, of this Transitional Constitutional Provisions Act, shall be collected until December 31, 2004.

§ 1°.  The efficacy of Law No. 9.311 of October 24, 1996, as modified, shall be extended until the date referred to in the initial paragraph of this article.

§ 2°.  The proceeds from collection of the assessment set out in this article shall be destined, in corresponding part, at the rate of:

  1. I— twenty one-hundredths of one percent to the National Health Fund for the financing of health activities and services;

  2. II— ten one-hundredths of one percent to funding social security;

  3. III— eight one-hundredths of one percent to the Fund for the Combat and Eradication of Poverty referred to in arts. 80 and 81 of this Transitional Constitutional Provisions Act.

§ 3°.  The rate of the assessment set out in this article shall be:

  1. I— thirty-eight one-hundredths of one percent in the fiscal years 2002 and 2003;

  2. II— eight one-hundredths of one percent in fiscal year 2004, when it shall be entirely destined for the Fund for the Combat and Eradication of Poverty set out in arts. 80 and 81 of the Transitional Constitutional Provisions Act.”

“Art. 85.  As of the thirtieth day from the publication date of this Constitutional Amendment, the assessment referred to in art. 84 of this Transitional Constitutional Provisions Act shall not be imposed on these transactions:

  1. I— On current deposit accounts, specially opened and exclusively utilized for transactions of:

    1. a)  clearing houses and those rendering services of clearing and liquidation set out in the sole paragraph of art. 2 of Law No. 10.214 of March 27, 2001;

    2. b)  securitization companies referred to in Law No. 9.514 of November 20, 1997;

    3. c)  stock corporations with the exclusive purpose of acquisition of credits from financial market transactions;

  2. II— deposits to checking accounts relating to:

    1. a)  transactions for the purchase or sale of shares, performed in places or systems of negotiation on stock markets or on organized over-the-counter market;

    2. b)  contracts tied to shares or share indexes, in their diverse modalities, negotiated on stock markets, for merchandise or for futures;

  3. III— foreign investors’ accounts relating to entry into the Country and remittances abroad of financial resources employed exclusively in transactions and contracts referred to in subparagraph II of this article.

§ 1°.  The Executive shall regulate the provisions of this article in a period of thirty days from the publication date of this Constitutional Amendment.

§ 2°.  The provisions of subparagraph I of this article shall apply only to transactions set out in an Executive act, within those that constitute the social objects of the referred to entities.

§ 3°.  The provisions in subparagraph II of this article shall apply only to operations and contracts carried out by means of financial institutions, securities brokers or distributors, and commodities brokers.”

“Art. 86.  Debts of the treasuries of the federal, state, district or the county stemming from final non-appealable judgments shall be paid in accordance with the provisions of art. 100 of the Federal Constitution. The rule of installment payments established in the initial paragraph of art. 78 of this Transitional Constitutional Provisions Act shall not apply if they cumulatively meet the following conditions:

  1. I— Judicial orders of payment have been issued for them;

  2. II— They meet the definition of small value in the law referred to in § 3° of art. 100 of the Federal Constitution or by art. 87 of this Transitional Constitutional Provisions Act;

  3. III— they are awaiting payment, totally or partially, on the publication date of this Constitutional Amendment.

§ 1°.  The debts referred to in the initial paragraph of this article, or their respective balances, shall be paid in the chronological order of presentation of their respective judicial orders of payment, with precedence given to those of the greatest value.

§ 2°.  The debts referred to in the initial paragraph of this article that have still not been partially paid in the terms of art. 78 of this Transitional Constitutional Provisions Act may be paid in two annual installments if the law so provides.

§ 3°.  Observing the chronological order of presentation, debts of a support nature provided for in this article shall have precedence for payment over all others.”

“Art. 87.  Until official publication of the respective definitive laws by entities of the Federation, for the purposes of § 3° of art. 100 of the Federal Constitution and art. 78 of this Transitional Constitutional Provisions Act, observing the provisions of § 4° of art. 100 of the Federal Constitution, debts or obligations consigned in a judicial order of payment shall be considered of small value when they have a value equal or inferior to:

  1. I— forty minimum wages, if against the Treasury of the States and the Federal District;

  2. II— thirty minimum wages, if against the Treasury of the Counties.

Sole paragraph.  If the value of the execution exceeds what has been established in this article, payment shall always be made by means of a judicial order of payment, but the party seeking execution has the option of waiving credit for the value in excess thereof in order to opt for payment of the balance without a judicial order of payment in the manner provided for in § 3° of art. 100.”

“Art. 88.  Until a complementary law regulates the provisions of subparagraphs I and III of § 3° of art. 156 of the Federal Constitution, the tax referred to in subparagraph III of the initial paragraph of the same article:

  1. I— shall have a minimum rate of two percent except for services referred to items 32, 33 and 34 of the List of Services attached to Decree-Law No. 406 of December 31, 1968;

  2. II— shall not be subject to concession of exemptions, incentives or benefits that result, directly or indirectly, in reduction of the minimum rate established in subparagraph I.”

Art. 4.  This Constitutional Amendment shall enter into force on the date of its publication.

Brasília, June 12, 2002

Signatures Omitted

Constitutional Amendment No. 38 of June 12, 2002

Adds art. 89 to the Transitional Constitutional Provisions Act, incorporating the Military Police of the extinct Federal Territory of Rondônia into the ranks of the Federal Government.

The Executive Committees of the Chamber of Deputies of the Federal Senate, in the terms of § 3° of art. 60 the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  The Transitional Constitutional Provisions Act shall be hereafter in force adding the following art. 89:

“Art. 89.  Career members of the military police of the ex-Federal Territory of Rondônia, who duly prove that in the regular exercise of their functions they performed services in that ex-Territory on the date it was transformed into a State, as well as the Military Police admitted by force of federal law, funded by the Union, shall constitute terminated personnel of the Federal Administration, assuring the rights and advantages inherent therein. Any type of payment is prohibited for the difference in remuneration, as well as damages or indemnification of any kind, prior to promulgation of this Amendment.

Sole paragraph.  Members of the career military police shall continue to perform services to the State of Rondônia in the condition of assignees, submitted to the legal provisions and regulations to which the respective corporations of the Military Police are subject, observing the powers of their function compatible with their degree in the hierarchy.”

Art. 2.  This Constitutional Amendment shall enter into force on the date of its publication.

Brasília, June 12, 2002

Signatures Omitted

Constitutional Amendment No. 39 of December 19, 2002

Adds Art. 149-A of the Federal Constitution (instituting an assessment for the cost of public illumination services in the Counties and the Federal District).

The Executive Committees of the Chamber of Deputies and the Federal Senate, as provided for in §3° of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  The Federal Constitution shall be hereafter in force with the addition of the following art. 149-A:

“Art. 149-A.  The Counties and the Federal District may institute an assessment, as prescribed by their respective laws, for the financing of public lighting services, observing the provisions of art. 150, I and III.

Sole paragraph.  The assessment referred to in the initial paragraph may be assessed on the bill for consumption of electric energy.”

Art. 2.  This Constitutional Amendment shall enter into force on the date of its publication.

Brasília, December 19, 2002

Signatures Omitted

Constitutional Amendment No. 40 of May 29, 2003

Modifies subparagraph V of art. 163 and art. 192 of the Federal Constitution, and the initial paragraph of art. 52 of the Transitional Constitutional Provisions Act.

The Executive Committees of the Chamber of Deputies and the Federal Senate, as provided for in § 3° of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  Subparagraph V of art. 163 of the Federal Constitution shall be hereafter in force with the following wording:

“Art. 163. 

  1. V— financial supervision of the direct and indirect public administration; …”

Art. 2.  Art. 192 of the Federal Constitution shall be hereafter in force with the following wording:

“Art. 192.  The national financial system, structured to promote the balanced development of the Country and to serve the collective interest, in all its component parts, including credit cooperatives, shall be regulated by complementary laws that shall provide for, including, participation of foreign capital in the institutions of which [the national financial system] is composed.

  1. I— [Repealed]

  2. II— [Repealed]

  3. III— [Repealed]

    1. a)— [Repealed]

    2. b)— [Repealed]

  4. IV— [Repealed]

  5. V— [Repealed]

  6. VI— [Repealed]

  7. VII— [Repealed]

  8. VIII— [Repealed]

§ 1°.— [Repealed]

§ 2°.— [Repealed]

§ 3°.— [Repealed]”

Art. 3.  The initial paragraph of art. 52 of the Transitional Constitutional Provisions Act shall be hereafter in force with the following wording:

“Art. 52.  Until the conditions of Art. 192 are determined, the following shall be prohibited: …”

Art. 4.  This Constitutional Amendment shall enter into force on the date of its publication.

Brasília, May 29, 2003

Signatures Omitted

Constitutional Amendment No. 41 of December 19, 2003

Modifies arts. 37, 40, 42, 48, 96, 149 and 201 of the Federal Constitution, revokes subparagraph IX of § 3° of art. 142 of the Federal Constitution and provisions of Constitutional Amendment No. 20 of December 15, 1998, and takes other measures.

The Executive Committees of the Chamber of Deputies and the Federal Senate, in accordance with § 3° of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  The Federal Constitution shall be hereafter in force with the following changes:

“Art. 37. 

  1. XI— the remuneration and fixed compensation of holders of public offices, positions and employment in the direct administration, autarchies and foundations; of members of any Branches of the Union, States, Federal District and Counties; of holders of an elective office and of other political agents; and the benefits, pensions or other form of remuneration, whether or not received cumulatively, including personal advantages or those of any other nature, shall not exceed the monthly fixed compensation, in specie, of the Ministers of the Federal Supreme Tribunal; applying as a limit in the Counties, the fixed compensation of the Prefect; and for the States and the Federal District, in the Executive Branch, the monthly fixed compensation of the Governor; in the Legislative branch, the fixed compensation of the State and District Legislators; and in the Judiciary branch, the fixed compensation of the magistrates of the Tribunal of Justice, limited to ninety and twenty-five hundreds percent of the monthly fixed compensation, in specie, of the Ministers of the Supreme Federal Tribunal, a limit also applicable to the members of the Public Ministry, Procurators and Public Defenders; …”

“Art. 40.   Civil servants holding effective positions in the Union, the States, the Federal District and the Counties, including their autarchies and foundations, are assured a contributory and joint social security regime through contributions from the respective public entity, active or inactive public servants and pensioners, observing criteria that preserve financial and actuarial equilibrium and the provisions of this article.

§ 1°.  Civil servants included in the social security regime referred to in this article shall be retired, calculating their benefits starting with the values determined in accordance with §§ 3° and 17°:

  1. I— for permanent disability, pensions are proportional to the period of contribution, except when stemming from an accident while in service, an occupational disease or a serious contagious or incurable illness, as specified by law.

§ 3°.  At the time they are granted, retirement benefits shall be calculated on the remuneration utilized as the basis for the contributions of the civil servant to the social security regimes referred to in this article and art. 201, as provided by law.

§ 7°.  The law shall provide for concession of death benefits, which shall be equal to:

  1. I— if retired at the date of death, the total value of the deceased civil servant’s benefits up to the maximum limit established for benefits in the general regime of social security referred to in art. 201, increased by seventy percent of the amount exceeding this limit; or

  2. II— if in active service on the date of death, the total value of the remuneration of the civil servant who held an effective position at the date of death, until the maximum limit established for benefits in the general regime of social security referred to in art. 201, increased by seventy percent of the amount exceeding this limit.

§ 8°.  In order to preserve permanently their real value, readjustment of benefits is assured, in accordance with criteria established by law.

§ 15°.  The supplementary social security regime referred to in § 14° shall be instituted by law on the initiative of the Executive, observing, where applicable, provisions of art. 202 and its paragraphs, through closed entities of supplementary social security, of a public nature, which shall offer to the respective participants only defined contribution benefit plans.

§ 17°.  All remuneration values considered for calculation of the benefits provided for in § 3° shall be duly updated, as provided by law.

§ 18°.  An Assessment shall be levied on retirement benefits and pensions conceded by the regime referred to in this article to the extent they exceed the maximum limit established for the general social security regime benefits referred to in art. 201, at a percentage equal to that established for civil servants holding effective offices.

§ 19°.  A civil servant referred to in this article who has completed the requirements for voluntary retirement established in § 1°, III, a, and who opts to remain active will receive a bonus for remaining equivalent to the value of his social security contributions until he completes the requirements for compulsory retirement contained in § 1°, II.

§ 20°.  More than one regime of social security for civil servants holding effective positions is prohibited; it is also prohibited to have more than one unit managing the respective regime in each state entity, except for the provision of art. 142, § 3°, X. …”

“Art. 42. 

§ 2°.  What has been determined by specific law in the respective state entity shall apply to military pensioners of the States, the Federal District and the Territories. …”

“Art. 48. 

  1. XV— determination of the fixed compensation of Ministers of the Federal Supreme Court, observing what has been provided for in arts. 39, § 4°; 150, II; 153, III; and 153, § 2°, I. …”

“Art. 96. 

  1. II— 

    1. b)  creation and abolition of positions and remuneration of their auxiliary services and judges subordinate to them, as well as the determination of the fixed compensation of their members and judges, including inferior tribunals, where they exist; …”

“Art. 149. 

§ 1°.  The States, the Federal District, and Counties may institute a contribution, collected from their employees, for funding their social security regime referred to in art. 40, at a rate not less than the contribution of civil servants holding effective positions in the Union. …”

“Art. 201. 

§ 12°.  A law shall provide for a special system for including low-income workers in social security, guaranteeing them access to benefits equal to one minimum wage, with the exception of retirement for time of contribution.”

Art. 2.  Observing the provisions of art. 4 of Constitutional Amendment No. 20, of December 15, 1998, a right to opt for voluntary retirement with benefits calculated in accordance with art. 40, §§ 3° and 17° of the Federal Constitution, is assured to those who regularly entered an effective position in the direct Public Administration, autarchies or foundations prior to the publication date of that Amendment, when the civil servant cumulatively:

  1. I— is fifty-three years of age, if male, and forty-eight years of age, if female;

  2. II— has effectively exercised the position retired from for five years;

  3. III— has a minimum period of contribution equal to the sum of:

    1. a)  thirty-five years, if male, and thirty years, if female; and

    2. b)  an additional contribution period equivalent to twenty percent of the time lacking on the publication date of this Amendment to reach the time limit contained in subpart a of this subparagraph.

§ 1°.  The inactivity benefits of civil servants referred to in this article who meet the initial paragraph’s requirements for retirement shall be reduced for each year by which they anticipate the age limits established by art. 40, § 1°, III, a and § 5° of the Federal Constitution, in the following proportion:

  1. I— three and five-tenths percent, for those completing the initial paragraph’s retirement requirements by December 31, 2005;

  2. II— five percent, for those completing the initial paragraph’s retirement requirements on or after January 1, 2006.

§ 2°.  The provisions of this article shall apply to judges and members of the Public Ministry and Tribunal of Accounts.

§ 3°.  In applying § 2° of this article, time of service performed until the publication date of Constitutional Amendment No. 20 of December 15, 1998, by judges and members of the Public Ministry or Tribunal of Accounts, if male, shall be increased by seventeen percent, observing the provisions of § 1° of this article.

§ 4°.  The time of service performed prior to the publication date of Constitutional Amendment No. 20 of December 15, 1998, by teachers employed by the Union, the States, the Federal District, or Counties, including their autarchies and foundations, who, prior to the publication date of that Amendment, regularly entered an effective teaching position and who opt to retire in the manner set out in the initial paragraph, shall be increased by seventeen percent if male, and 20 percent if female, so long as they retire exclusively with the time of effective performance of teaching functions, observing the provisions of § 1°.

§ 5°.  Civil servants referred to in this article who have completed the voluntary retirement requirements established in the initial paragraph and opt to remain in active service shall receive for remaining a bonus equivalent to the value of their social security contributions until completion of the requirements for compulsory retirement contained in art. 40, § 1°, II of the Federal Constitution.

§ 6°.  The provisions of art. 40, § 8° of the Federal Constitution shall apply to retirements granted in accordance with this article.

Art. 3.  Retirement at any time, as well as a pension for dependents, is assured to any civil servant who, prior to the publication date of this Amendment, has met all requirements for obtaining such benefits under the criteria in the legislation then in force.

§ 1°.  Having completed the requirements for voluntary retirement, civil servants referred to in this article who opt to remain in active service and who have a minimum of twenty-five years of contributions if female, or thirty years of contributions if male, shall receive for remaining a bonus equivalent to the value of their social security contributions until completing the requirements for compulsory retirement contained in art. 40, § 1°, II of the Federal Constitution.

§ 2°.  Retirement benefits to be granted to the civil servants referred to in the initial paragraph, in integral or proportional terms to the time of contribution already made by the publication date of this Amendment, as well as pensions for dependents, shall be calculated in accordance with the legislation in effect on the date the requirements established therein for concession of these benefits were met or by the conditions of the legislation in effect.

Art. 4.  Inactive employees and pensioners of the Union, the States, the Federal District and the Counties, including their autarchies and foundations, receiving benefits on the publication date of this Amendment, as well as those reached by the provisions of art. 3, shall contribute a percentage equal to that established for employees holding active positions for funding the regime of art. 40 of the Federal Constitution.

Sole paragraph.  The social security contribution referred to in the initial paragraph shall be levied only on the amount of benefits and pensions that exceed:

  1. I— fifty percent of the maximum limit established for general social security regime benefits in art. 201 of the Federal Constitution for inactive employees and pensioners of the States, Federal District, and Counties.

  2. II— sixty percent of the maximum limit established for general social security regime benefits in art. 201 of the Federal Constitution for inactive employees and pensioners of the Union.

Art. 5.  The maximum limit for the value of the general social security regime benefits in art. 201 of the Federal Constitution is fixed at R$ 2,400,00 (two thousand, four hundred reais). This figure shall be readjusted in a manner that permanently preserves its real value as of the publication date of this Amendment, updating it by the same indexes applied to general social security regime benefits.

Art. 6.  Except for the right to opt for retirement under the rules established by art. 40 of the Federal Constitution or by the rules established in art. 2 this Amendment, employees of the Union, the States, the Federal District and the Counties, including their autarchies and foundations, who entered public service by the publication date of this Amendment, shall retire with full benefits corresponding to the total remuneration of an employee in the effective position held at retirement, as provided by law, observing the reductions in age and time of contribution contained in § 5° of art. 40 of the Federal Constitution, when cumulatively meeting the following conditions:

  1. I— sixty years of age, if male, and fifty-five years of age, if female;

  2. II— thirty-five years of contribution, if male, and thirty years of contribution, if female;

  3. III— twenty years of effective performance of public service; and

  4. IV— ten years of career service and five years of effective performance in the office held at retirement.

Sole paragraph. 12

Art. 6-A.  An employee of the Union, States, Federal District and Counties, including their autarchies and foundations, who entered public service prior to the date of the publication of this Constitutional Amendment and who has retired or comes to retire for permanent disability, based upon sub-paragraph I of §1 of art. 40 of the Federal Constitution, has the right to retirement benefits calculated on the basis of the remuneration for the effective position from which he retired, in accordance with the law, with the provisions contained in §§ 3°, 8° and 17° of art. 40 of the Federal Constitution not being applicable.

Sole paragraph.  The provisions of art. 7 of this Constitutional Amendment shall apply to the value of the retirement benefits conceded on the basis of the initial paragraph, observing the same criteria for revision of pensions derived from the benefits for these employees.13

Art. 7.  Observing the provision of art. 37, XI of the Federal Constitution, retirement benefits of civil servants who held an effective office and the pensions of their dependents paid by the Union, the States, the Federal District and the Counties, including their autarchies and foundations, that are being revised on the publication date of this Amendment, as well as the retirement benefits of employees and the pensions of their dependents reached by art. 3 of this Amendment, shall be revised by the same proportion and on the same date that remuneration of active employees is revised. Whatever benefits or advantages are later granted to employees in active service, including those stemming from transformation or reclassification of the position or function held at retirement, or which serves as reference for pension concession, as provided by law, are also extended to retirees and pensioners.

Art. 8.  Until the value of the fixed compensation referred to in art. 37, XI of the Federal Constitution is determined, for purposes of the limit fixed in that subparagraph, the amount of the highest remuneration conferred by law on the publication date of this Amendment to a Minister of the Supreme Federal Tribunal for his salary, monthly representation and the amount received for time of service, shall apply as a limit for the Executive Branch in the Counties for the total compensation of the Prefect, and for the Executive Branch in the States and the Federal District for the monthly total compensation of the Governor; in the legislative area, for the total compensation of the State and Federal District Deputies; and for the total compensation of the Magistrates of the Tribunal of Justice, limited to ninety and twenty-five hundreds percent of the highest monthly remuneration of a Minister of the Federal Supreme Tribunal referred to in this article, applying this limit to the members of the Public Ministry, the Procurators and to Public Defenders.

Art. 9.  The provisions of art. 17 of the Transitional Constitutional Provisions Act apply to the salary, remuneration and total compensation of the occupiers of the positions, functions and public employment of the direct administration, autarchies and foundations, members of any of the branches of the Union, the States, the Federal District and the Counties, the holders of an elective mandate and other political agents and their earnings, pensions or any other type of remuneration perceived, cumulatively or not, including personal advantages or those of any nature.

Art. 10.  Subparagraph IX of § 3° of art. 142 of the Federal Constitution is repealed, as well as arts. 8 and 10 of Constitutional Amendment No. 20 of December 15, 1998.

Art. 11.  This Constitutional Amendment shall enter into force on the date of its publication.

Brasília, December 19, 2003

Signatures Omitted

Constitutional Amendment No. 42 of December 19, 2003

Changes the National Tax System and takes other measures.

The Executive Committees of the Chamber of Deputies and the and the Federal Senate, as provided for in § 3° of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  The articles of the Constitution enumerated below shall be hereafter in force with the following changes:

“Art. 37. 

  1. XXII— the tax administrations of the Union, States, Federal District and Counties, essential activities for the functioning of the State, exercised by employees with specific careers, shall have priority resources for carrying out their activities and shall act in an integrated fashion, including sharing tax rolls and fiscal information, as provided by law or agreement.”

“Art. 52. 

  1. XV— periodically evaluate the functioning of the structure and components of the National Tax System, and the performance of the tax administrations of the Union, States, Federal District and Counties.”

“Art. 146. 

  1. III— 

    1. d)  definition of differentiated and favored treatment for micro-firms and small firms, including special or simplified regimes for the tax provided for in art. 155, II; the assessments provided for in art. 195, I and §§ 12° and 13°; and the assessment referred to in art. 239.

Sole paragraph.  The complementary law referred to in subparagraph III, d, shall also institute a unified regime for collection of taxes and assessments of the Union, States, Federal District and Counties, observing that:

  1. I— it shall be optional for the taxpayer;

  2. II— a State may establish conditions for differentiated enrollment;

  3. III— collection shall be unified and centralized, and distribution of the shares of funds belonging to the respective federative entities shall be immediate, prohibiting any retention or conditioning;

  4. IV— collection, supervision and levying may be divided by the federative entities, adapting a unified national taxpayer’s roll.”

“Art. 146-A.  In order to prevent competitive disequilibria, a complementary law may establish special tax criteria, without prejudice to the Union’s power to establish by law rules for the same purpose.”

“Art. 149. 

§ 2°.   …

  1. II— shall also be levied on the importation of foreign products or services;”

“Art. 150. 

  1. III— 

    1. c)  prior to the expiration of ninety days from the date on which the law that institutes or increases them has been published, observing the provision in subpart b;

§ 1°.  The prohibition of subparagraph III, b, does not apply to the taxes provided for in arts. 148, I; 153, I, II, IV and V; and 154, II; and the prohibition of subparagraph III, c, does not apply to the taxes provided for in arts. 148, I; 153, I, II, III and V; and 154, II, nor to the fixing of the basis of calculation for the taxes provided for in arts. 115, III; and 156, I.

…”

“Art. 153. 

§ 3°.   …

  1. IV— shall have a reduced impact on the acquisition of capital goods by the taxpayer, as provided by law.

§ 4°.  The tax provided for in subparagraph VI of the initial paragraph:

  1. I— shall be progressive and its rates shall be fixed in a manner that is a disincentive to the maintenance of unproductive properties;

  2. II— shall not be levied on small rural properties, as defined by law, when worked by the owner if he or she owns no other real property;

  3. III— shall be supervised and collected by the Counties that opt to do so, as provided by law, so long as this does not imply a reduction in the tax or any other form of fiscal waiver.”

“Art. 155. 

§ 2°.   …

  1. X— 

    1. a)  on transactions transferring merchandise abroad, nor on services rendered to those abroad, assuring maintenance and utilization of the amount of tax collected in prior transactions and services;

    2. d)  on performing communication services in broadcasting sounds and images with sound for free and gratuitous reception;

§ 6°.  The tax provided for in subparagraph III:

  1. I— shall have minimum rates fixed by the Federal Senate;

  2. II— shall have differentiated rates in accordance with type and utilization.”

“Art. 158. 

  1. II— fifty percent of the proceeds from collection of the federal tax on rural property, relative to the real property situated therein, or the entire proceeds in the event [the Counties] elect the option referred to in art. 153, § 4°, III;

…”

“Art. 159. 

  1. III— twenty-five percent of the proceeds from collection of the assessment for intervention in the economic domain provided for in art. 177, § 4°, to the States and the Federal District, distributed as provided by law, observing the destination referred to in subparagraph II, c, of [art. 177, § 4°].

§ 4°.  Twenty-five percent of the amount of funds referred to in subparagraph III that belong to each State shall be destined for the Counties, as provided by the law referred to in the mentioned subparagraph.”

“Art. 167. 

  1. IV— bind receipt of tax revenues to an agency, fund or expenditure, except for apportionment of the proceeds from collection of taxes referred to in arts. 158 and 159, allocation of funds for public health activities and services, for maintenance and development of education and for carrying out tax administration activities, as determined respectively in arts. 198, § 2°, 212, and 37, XXII, and guaranteeing loans by anticipating revenues provided for in art. 165, § 8°, as well as the provision of § 4° of this article;”

“Art. 170. 

  1. VI— environmental protection, including through differentiated treatment in accordance with the environmental impact of the products and services and the processes by which they are elaborated and rendered;”

…”

“Art. 195. 

  1. IV— from the importer of foreign goods and services, or from a person whom the law deems equivalent thereto.

§ 12°.  The law shall define sectors of economic activity so that the assessments levied in subparagraphs I, b, and IV of the initial paragraph, shall be non-cumulative.

§ 13°.  The provision of § 12° applies in the event of gradual, total or partial substitution, of the assessment levied in the form of subparagraph I, a, upon receipt or [issuance of an] invoice.”

“Art. 204. 

Sole paragraph.  States and the Federal District may bind up to five-tenths of one percent of net tax receipts for the support program for social inclusion and promotion, but these funds may not be used for payment of:

  1. I— personnel expenditures and payroll charges;

  2. II— debt service;

  3. III— any other current expense not linked directly to the supported investments or stock.”

“Art. 216. 

§ 6°.  States and the Federal District may bind up to five-tenths of one percent of their net tax receipts from the state fund for cultural development for financing cultural programs and projects, but these resources may not be used for payment of:

  1. I— personnel expenses and payroll charges;

  2. II— debt service;

  3. III— any other current expense not linked directly to the supported investments or stock.”

Art. 2.  The following articles of the Transitional Constitutional Provisions Act shall be hereafter in effect with the following changes:

“Art. 76.  Twenty percent of the Union’s collection of taxes, social assessments and assessment for intervention in the economic domain, already instituted or that are created in the referred to period, as well as their surcharges and respective legal increments, are unlinked from the agency, fund or expense during the period from 2003 to 2007.

§ 1°.  The provision in this article’s initial paragraph shall not reduce the basis for calculation for transferences to the States, Federal District and Counties as provided in arts. 153, § 5°; 157, I; 158, I and II; and 159, I, a and b, and II, of the Constitution, as well as basis for calculation for the applications referred to in art. 159, I, c, of the Constitution.

…”

“Art. 82. 

§ 1°.  For financing State and District Funds, a surtax of up to two percentage points may be created on the rate for the Tax on the Circulation of Merchandise and Services (ICMS) on superfluous products and services, under the conditions defined in the complementary law referred to in art. 155, § 2°, XII, of the Constitution. The provision of art. 158, IV of the Constitution does not apply to this percentage.

…”

“Art. 83.  Federal law shall define the superfluous products and services referred to in arts. 80, II, and 82, § 2°.”

Art. 3.  The following articles shall be added to the Transitional Constitutional Provisions Act:

“Art. 90.  The period provided for in the initial paragraph of art. 84 of this Transitional Constitutional Provisions Act shall be extended until December 31, 2007.

§ 1°.  The period in which Law 9.311 of October 24, 1996, as modified, is in force shall be extended until the date referred to in this article’s initial paragraph.

§ 2°.  Until the date referred to in this article’s initial paragraph, the rate of the assessment referred to in art. 84 of this Transitional Constitutional Provisions Act shall be thirty-eight one-hundredths of one percent.”

“Art. 91.  The Union shall turn over to the States and the Federal District the amount defined in a complementary law, in accordance with the criteria, periods and conditions determined therein, being able to consider exportation of primary and semi-manufactured products, the relationship between exports and imports, credits for purchases destined for fixed assets and the effect of maintenance and approval of a credit for the tax referred to in art. 155, § 2°, X, a.

§ 1°.  From the amount of funds allocated to each State, seventy-five percent belongs to the State itself, and 25 percent to its Counties, distributed in accordance with the criteria referred to in art. 158, sole paragraph, of the Constitution.

§ 2°.  Delivery of the funds provided for in this article shall continue, in accordance with the definitions of a complementary law, until at least eighty percent of the proceeds from the tax referred to in art. 155, II, are destined predominantly to the State where the consumption of the merchandise, goods or services occurs.

§ 3°.  Until the complementary law referred to in the initial paragraph is enacted, in substitution for the resource system provided therein, the resource allocation system provided for in art. 31 in the attachment to Complementary Law No. 87 of September 13, 1996, with the wording given to it by Complementary Law No. 115 of December 26, 2002, shall remain in force.

§ 4°.  The States and the Federal District shall present to the Union, in accordance with instructions issued by the Ministry of the Treasury, information relating to the tax referred to in art. 155, II, declared by taxpayers that carry out transactions or perform services destined for abroad.”

“Art. 92.  The period fixed in art. 40 of this Transitional Constitutional Provisions Act shall be increased by ten years.”

“Art. 93.  The provisions of art. 159, III, and § 4° shall go into force only after enactment of the law referred to in subparagraph III.”

“Art. 94.  The special regimes for the taxation of micro-firms and small firms belonging to the Union, States, Federal District and Counties shall cease upon the entry into force of the regime provided for in art. 146, III, d, of the Constitution.”

Art. 4.  To the extent that they are not in accord with the provisions of this Amendment, Constitutional Amendment No. 31 of December 14, 2000, or the complementary law referred to in art. 155, § 2°, XII of the Constitution, surtaxes created by the States and Federal District up to the date of promulgation of this Amendment shall remain in force, at the latest, until the period provided for in art. 79 of the Transitional Constitutional Provisions Act.

Art. 5.  Within sixty days from the date of promulgation of this Amendment, the Executive shall send to the National Congress a draft of a law, under the regime of constitutional urgency, regulating the fiscal benefits for information technology sector training, which shall be in force until 2019 under the conditions in force at the act of approval of this Amendment.

Art. 6.  Subparagraph II of § 3° of art. 84 of the Transitional Constitutional Provisions Act is repealed.

Brasília, December 19, 2003

Signatures Omitted

Constitutional Amendment No. 43 of April 15, 2004

Modifies art. 42 of the Transitional Constitutional Provisions Act, extending for 10 (ten) years, the Union’s application of minimal percentages of the total funds destined for irrigation in the Central-West and Northeast Regions.

The Executive Committees of the Chamber of Deputies and the Federal Senate, in accordance with § 3° of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  The initial paragraph of art. 42 of the Transitional Constitutional Provisions Act hereafter shall be in force with the following wording:

“Art. 42.  For 25 (twenty-five) years, the Union shall allocate from the funds destined for irrigation, . . .”

Art. 2.  This Constitutional Amendment shall enter into force on the date of its publication.

Brasília, April 15, 2004

Signatures Omitted

Constitutional Amendment No. 44 of June 30, 2004

Modifies the National Tax System and takes other measures.

The Executive Committees of the Chamber of Deputies and the Federal Senate, in accordance with § 3° of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  Subparagraph III of art. 159 of the Constitution shall be hereafter in force with the following wording:

“Art. 159. 

  1. III— twenty-nine percent of the proceeds from the assessment for intervention in the economic domain provided for in art. 177, § 4°, to the States and the Federal District, distributed as provided by law, observing the destination referred to in subparagraph II, c, of [art. 177, § 4°].”

Art. 2.  This Constitutional Amendment shall enter into force on the date of its publication.

Brasília, June 30, 2004

Signatures Omitted

Constitutional Amendment No. 45 of December 8, 2004

Changes the provisions of arts. 5, 36, 52, 92, 93, 95, 98, 99, 102, 103, 104, 105, 107, 109, 111, 112, 114, 115, 125, 126, 127, 128, 129, 134 and 168 of the Federal Constitution and adds arts. 103-A, 103-B, 111-A and 130-A, as well as provides for other measures.

The Executive Committees of the Chamber of Deputies and the Federal Senate, in the terms of § 3° of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  Arts. 5, 36, 52, 92, 93, 95, 98, 99, 102, 103, 104, 105, 107, 109, 111, 112, 114, 115, 125, 126, 127, 128, 129, 134, and 168, of the Federal Constitution shall be hereafter in force with the following wording:

“Art. 5. 

  1. LXXVIII— everyone is assured that judicial and administrative proceedings will end within a reasonable time and the means to guarantee that they will be handled speedily. …

§ 3°.  International treaties and conventions on human rights approved by both houses of the National Congress, in two different voting sessions, by three-fifths votes of their respective members, shall be equivalent to Constitutional Amendments.

§ 4°.  Brazil submits itself to the jurisdiction of the International Criminal Tribunal to whose creation it has adhered.”

“Art. 36. 

  1. III— in the case of art. 34, VII, and in the case of refusal to enforce a federal law, up on the Supreme Federal Tribunal’s granting a representation action brought by the Procurator-General of the Republic;

  2. IV— [Repealed].”

“Art. 52. 

  1. II— to try for impeachable offenses, Ministers of the Supreme Federal Tribunal, members of the National Council of Justice and the National Council of the Public Ministry, the Procurator-General of the Republic, and the Advocate-General of the Union; …”

“Art. 92. 

  1. I-A— the National Council of Justice; …

§ 1°.  The Supreme Federal Tribunal, the National Council of Justice and the Superior Tribunals sit in the Federal Capital.

§ 2°.  The Supreme Federal Tribunal and the Superior Tribunals have jurisdiction over the entire national territory.”

“Art. 93. 

  1. I— admission into the career, with the initial office of substitute judge, through public competitive examination and comparison of professional credentials, with the participation of the Brazilian Bar Association in all phases, requiring the basic law degree and a minimum of three years of legal activity, obeying the order of classification for appointments;

  2. II— 

    1. (c)  evaluation of merit according to performance and objective criteria of productivity and efficiency in exercising jurisdiction and by attendance and utilization in official courses or recognized courses for improvement;

    2. (d)  in determining seniority, the Tribunal may reject the most senior judge only by a substantiated two-thirds vote of its members, according to a specific procedure, assuring a full defense, the ballot being repeated until the selection is determined;

    3. (e)  judges shall not be promoted if they unjustifiably retain cases in their power beyond the legal period, and they cannot return such cases to the clerk’s office without a proper order or decision;

  3. III— access to intermediate appellate Tribunals shall be based on seniority and merit, alternately, determined at the last or only entrance level;

  4. IV— provisions for official courses for preparation, improvement and promotion of judges; participation in an official course or one recognized by a national school for preparation and improvement of judges is an obligatory step in the process of securing life tenure; …

  5. VII— permanent judges shall reside in their respective judicial districts, except with authorization of their tribunals;

  6. VIII— the acts of removal, placement on paid leave and retirement of judges, in the public interest, must be based upon an absolute majority vote of the respective tribunal or of the National Council of Justice, assuring a full defense;

  7. VIII-A— transfer by request or an exchange of judges in a district at an equal level shall comply with the provisions in subparts a, b, c, and e, of subparagraph II, when applicable;

  8. IX— all judgments by agencies of the Judiciary shall be public, and all decisions shall be substantiated, under penalty of nullity; in cases in which preservation of the right of intimacy of the interested parties in secrecy does not prejudice the public interest in information, the law may limit attendance at determined occasions to only the parties themselves and their attorneys, or only to the latter;

  9. X— administrative decisions of tribunals must be substantiated and in public sessions, with disciplinary decisions adopted by an absolute majority vote of their members;

  10. XI— for the purpose of exercising administrative and jurisdictional powers delegated to the jurisdiction of the full court, a special body, with a minimum of eleven and a maximum of twenty-five members, may be organized in tribunals with more than twenty-five judges; one-half of the positions shall be selected on the basis of seniority and the other half by election of the full court;

  11. XII— court functioning shall be uninterrupted, prohibiting collective vacations in the courts of first instance and tribunals of second instance; on days on which there are no normal court working hours, judges shall be on continual duty;

  12. XIII— the number of judges in a jurisdictional unit shall be proportional to effective judicial demand and respective population;

  13. XIV— performance of administrative and ministerial acts without decisional character shall be delegated to public employees;

  14. XV— cases shall be distributed immediately at all levels of jurisdiction.”

“Art. 95. 

Sole paragraph.  Judges are forbidden to: …

  1. IV— receive, under any title or pretext, assistance or contributions from individuals or public or private entities, except as provided by law;

  2. V— to practice law for three years in a court or tribunal which they have left, starting from the date they left the position by retirement or resignation.”

“Art. 98. 

§ 1°.  [the prior sole paragraph]

§ 2°.  Costs and fees shall be used exclusively to finance services under the care of specific activities of Justice.”

“Art. 99 

§ 3°.  If the bodies referred to in § 2° do not deliver their respective budgetary proposals within the period established in the law of budgetary directives, for the purposes of consolidation of the annual budgetary proposal, the Executive shall consider the amounts approved in the budgetary law in effect, adjusting them in accordance with the limits as stipulated § 1° of this article.

§ 4°.  If the budgetary proposals referred to in this article are delivered in disregard of the limits as stipulated in § 1°, the Executive shall make the necessary adjustments for the purposes of consolidation of the annual budgetary proposal.

§ 5°.  During the execution of the budget for the fiscal year, no expenditures or assumption of obligations that exceed the limits established in the law of budgetary directives shall be realized by opening supplementary or special credits, except as previously authorized.”

“Art. 102. 

  1. I— 

    1. (h)  [Repealed] …

    2. (r)  actions against the National Council of Justice and against the National Council of the Public Ministry;

  2. III— 

    1. (d)  upholds a local law challenged as contrary to federal law.

§ 2°.  The Supreme Federal Tribunal’s definitive decisions on the merits in direct actions of unconstitutionality and in declaratory actions of constitutionality shall have erga omnes effects and shall be binding with respect to the rest of the Judiciary and federal, state and county public administration, both direct and indirect.

§ 3°.  In order for the Tribunal to examine the admissibility of an extraordinary appeal, which may be rejected only by manifestation of two-thirds of its members, the appellant must demonstrate the general repercussions of the constitutional questions argued in the case, as provided by law.”

“Art. 103.  A direct action of unconstitutionality and a declaratory action of constitutionality may be brought by:

  1. IV— the Executive Committee of a Legislative Assembly or the Legislative Chamber of the Federal District;

  2. V— the Governor of a State or of the Federal District;

§ 4°.  [Repealed].”

“Art. 104. 

Sole paragraph.  The Ministers of the Superior Tribunal of Justice shall be appointed by the President of the Republic, from Brazilians over thirty-five and under sixty-five years of age, with notable legal knowledge and unblemished reputations, upon approval by an absolute majority of the Federal Senate, with:

…”

“Art 105. 

  1. I— 

    1. (i)  recognition (homologation) of foreign judgments and concession of requests for letters rogatory (exequatur); …

  2. III— 

    1. (b)  upholds an act of a local government challenged as contrary to federal law;

Sole paragraph.  The following shall operate together with the Superior Tribunal of Justice:

  1. I— the National School for Formation and Improvement of Magistrates, with responsibility for, among other functions, regulating official courses for entry to and promotion in the career;

  2. II— the Council of Federal Justice, with responsibility for exercising, as provided by law, administrative and budgetary supervision of Federal Justice in the first and second instances, as the central body in the system, with disciplinary powers, whose decisions shall have binding effects.”

“Art. 107. 

§ 1°.  [the prior sole paragraph] …

§ 2°.  The Federal Regional Tribunals shall set up itinerant courts, which shall hold hearings and other jurisdictional functions within the territorial limits of their respective jurisdictions, utilizing public and community facilities.

§ 3°.  The Federal Regional Tribunals may function in a decentralized fashion, constituting regional Chambers, in order to assure full access to justice at all phases of judicial proceedings.”

“Art. 109. 

  1. V-A— cases related to human rights referred to in § 5° of this article;

§ 5.  In cases of grave violation of human rights, for purposes of assuring compliance with obligations stemming from international human rights treaties to which Brazil is a party, the Procurator-General of the Republic shall suggest to the Superior Tribunal of Justice, at any phase of the inquiry or proceeding, removal to the jurisdiction of the Federal Courts.”

“Art. 111. 

§ 1°.  [Repealed]

§ 2°.  [Repealed]

§ 3°.  [Repealed].”

“Art. 112.  The law shall create Labor Courts. In districts not included within their jurisdiction, the law may confer this jurisdiction on state court judges, with an appeal to the respective Regional Labor Tribunal.”

“Art. 114.   The Labor Court System has the power to hear and judge:

  1. I— actions arising from labor relations, including those of foreign public law entities and those of direct and indirect public administration of the Union, States, Federal District and Counties;

  2. II— actions involving exercise of the right to strike;

  3. III— actions concerning syndical representation between unions, unions and workers, and unions and employers;

  4. IV— writs of security, habeas corpus and habeas data, when the challenged act involves matters subject to its jurisdiction;

  5. V— jurisdictional conflicts among bodies with labor jurisdiction, except for the provision of art. 102, I, o;

  6. VI— indemnification actions for moral or patrimonial damages stemming from labor relations;

  7. VII— actions relating to administrative penalties imposed upon employers by bodies supervising labor relations;

  8. VIII— ex officio execution for social assessments provided for in art. 195, I, a, and II, and any legal increments stemming from judgments entered;

  9. IX— other controversies stemming from labor relations, as provided by law.

§ 1°. 

§ 2°.  If one party refuses collective bargaining or arbitration, the parties, by common accord, may file an economic collective labor dispute. This conflict may be decided by the Labor Courts, respecting the minimum legal provisions for protection of labor, as well as those previously agreed upon.

§ 3°.  In case of a strike in an essential activity, with the possibility of injury to the public interest, the Public Labor Ministry shall bring a collective labor dispute, with the Labor Courts having jurisdiction to decide the conflict.”

“Art. 115.  The Regional Labor Tribunals shall be composed of a minimum of seven judges recruited, when possible, from the respective region and appointed by the President of the Republic from Brazilians between thirty and sixty-five years of age, with:

  1. I— one-fifth from lawyers with more than ten years of effective professional activity and members of the Public Labor Ministry with more than ten years of effective service, observing the provision in art. 94;

  2. II— the others, through promotion of labor judges, alternately by seniority and merit.

§ 1°.  The Regional Labor Tribunals shall install an itinerant justice, holding hearings and other jurisdictional functions within the territorial limits of their respective jurisdictions, utilizing public and community facilities.

§ 2°.  The Regional Labor Tribunals may function in a decentralized manner, constituting regionalized Chambers to assure full jurisdictional access to justice at all phases of the proceedings.”

“Art. 125. 

§ 3°.  By proposal of the Tribunal of Justice, a state law may create a State Military Justice system, which shall consist at the first instance of state court judges and Councils of Justice, and at the second instance of the Tribunal of Justice itself, or a Tribunal of Military Justice in those States in which the effective military number more than twenty thousand members.

§ 4°.  State Military Justice shall have jurisdiction to charge and to try members of the State military for military crimes defined by law and in judicial actions against acts of military discipline, preserving the jurisdiction of the jury when the victim is a civilian. It shall be the responsibility of the appropriate court to decide upon loss of post, loss of rank for officers and loss of grade for servicemen.

§ 5°.  State court judges in the military courts shall have jurisdiction to charge and to judge by themselves military crimes committed against civilians and judicial actions against acts of military discipline. It is the responsibility of the Council of Justice, under the presidency of a state court judge, to charge and to judge other military crimes.

§ 6°.  The Tribunal of Justice shall operate in a decentralized fashion, constituting regional Chambers, in order to assure full access to justice at all phases of proceedings.

§ 7°.  The Tribunal of Justice shall install itinerant justice, holding hearings and other jurisdictional functions within the territorial limits of its respective jurisdiction, utilizing public and community facilities.”

“Art. 126.  In order to decide rural land conflicts, the Tribunal of Justice shall propose creation of specialized courts, with exclusive jurisdiction over agrarian questions. …”

“Art. 127. 

§ 4°.  If the Public Ministry does not deliver its respective budgetary proposal within the period established in the law of budgetary directives, the Executive shall consider, for purposes of consolidation of the annual budgetary proposal, the amounts approved in the current budgetary law, adjusted in accordance with the limits set out in the form of § 3°.

§ 5°.  If the budgetary proposal referred to in this article is delivered in disregard of the limits set forth in § 3°, the Executive shall proceed with necessary adjustments in order to consolidate the annual budgetary proposal.

§ 6°.  During execution of the budget for the current fiscal year, no expenditures or assumption of obligations that exceed the limits established in the law of budgetary directives shall be realized by opening supplemental or special credits, unless previously authorized.”

“Art. 128. 

§ 5°.   …

  1. I— 

    1. (b)  non-transferability, except by reason of public interest, through a decision of the appropriate collegiate body of the Public Ministry, by an absolute majority vote of its members, assuring a full defense; …

  2. II— 

    1. (e)  engaging in political party activities;

    2. (f)  receiving assistance or contributions from individuals or public or private entities under any title or pretext, except as provided by law.

§ 6°.  The provision of art. 95, sole paragraph, V, applies to members of the Public Ministry.”

“Art. 129. 

§ 2°.  Functions of the Public Ministry may be performed only by career personnel, who must reside in the judicial district of their respective assignments, except with the authorization of the head of the institution.

§ 3°.  Entry into the Public Ministry career shall take place by means of public competitive examinations and comparison of professional credentials, assuring participation of the Brazilian Bar Association in such competition, and shall require a law degree and a minimum of three years of legal activities, observing the order of classification for appointments.

§ 4°.  Where appropriate, the provisions of art. 93 apply to the Public Ministry.

§ 5°.  Distribution of cases in the Public Ministry shall be immediate.”

“Art. 134. 

§ 1°.  [the prior sole paragraph] …

§ 2°.  State Public Defenders are assured functional and administrative autonomy and the right to initiate their own budget proposal within the limits established in the law of budgetary directives, subject to the provisions of art. 99, § 2°.”

“Art. 168.  One-twelfth of the funds corresponding to budgetary appropriations, including supplemental and special appropriations, destined for agencies of the Legislature, Judiciary, Public Ministry, and Public Defenders, shall be delivered to them by the twentieth day of each month, as provided for by the complementary law referred to in art. 165, § 9°.”

Art. 2.  The Federal Constitution shall be hereafter in force with the addition of the following arts. 103-A, 103-B, 111-A and 130-A:

“Art. 103-A.  By decision of two-thirds of its members, after reiterated decisions on constitutional matters, the Supreme Federal Tribunal may, ex-officio or upon demand, approve a precedent (súmula) which, upon publication in the official press, shall have binding effects on the other organs of the Judiciary and the federal, state and county public administration, both direct and indirect. The Supreme Federal Tribunal may also revise or cancel [its precedents] in the manner established by law.

§ 1°.  The objective of the precedent shall be the validity, interpretation and efficacy of determined rules, as to which there is presently controversy among judicial bodies or between judicial bodies and the public administration, causing serious legal insecurity and corresponding multiplication of cases about identical questions.

§ 2°.  Without prejudice to what has been established by law, approval, revision or cancellation of a precedent may be demanded by persons with standing to bring a direct action of unconstitutionality.

§ 3°.  A reclamation to the Supreme Federal Tribunal will lie from an administrative act or judicial decision that is contrary to the applicable precedent or that improperly applies the precedent. Upon determining that the reclamation should be granted, the Supreme Federal Tribunal shall annul the administrative act or vacate the challenged judicial decision and shall determine that another shall be rendered, with or without application of the precedent, as may be the case.”

“Art. 103-B.  The National Council of Justice shall consist of fifteen members who are between thirty-five and sixty-five years of age, for a term of office of two years, with one renewal, with:

  1. I— a Minister of the Supreme Federal Tribunal, selected by that tribunal;

  2. II— a Minister of the Superior Tribunal of Justice, selected by that tribunal;

  3. III— a Minister of the Superior Tribunal of Labor, selected by that tribunal;

  4. IV— a justice of the Tribunal of Justice, selected by the Supreme Federal Tribunal;

  5. V— a state judge, selected by the Supreme Federal Tribunal;

  6. VI— a judge of the Federal Regional Tribunal, selected by the Superior Tribunal of Justice;

  7. VII— a federal judge, selected by the Superior Tribunal of Justice;

  8. VIII— a judge of the Regional Labor Tribunal, selected by the Superior Labor Tribunal;

  9. IX— a labor judge, selected by the Superior Labor Tribunal;

  10. X— a member of the Public Ministry of the Union, selected by the Procurator-General of the Republic;

  11. XI— a member of the state Public Ministry, selected by the Procurator General of the Republic from nominations by the competent body of each state institution;

  12. XII— two lawyers, selected by the Federal Council of the Brazilian Bar Association;

  13. XIII— two citizens of notable legal knowledge and unblemished reputation, one selected by the Federal Chamber of Deputies and the other by the Federal Senate.

§ 1°.  The Council shall be presided over by the Minister from the Supreme Federal Tribunal, who shall vote in case of a tie. The Minister of the Supreme Federal Tribunal shall be excluded from distribution of cases in that tribunal.

§ 2°.  Members of the Council shall be appointed by the President of the Republic, after approval of the nomination by an absolute majority of the Federal Senate.

§ 3°.  If the appointments provided for in this article are not carried out within the legal period, the choice shall be made by the Supreme Federal Tribunal.

§ 4°.  It is the responsibility of the Council to control the administrative and financial functioning of the Judiciary and performance of judge’s functional duties. In addition to the powers conferred upon it by the Statute of the Judicature, the Council shall have responsibility for:

  1. I— preserving judicial autonomy and compliance with of the Statute of the Judicature, being able to issue regulamentary acts, within the scope of its jurisdiction, or to recommend measures;

  2. II— safeguarding observance of art. 37 and appreciating, ex officio or upon demand, the legality of administrative acts performed by members or organs of the Judiciary, being able to vacate or revise them, or set a period in which to adopt the necessary measures for exact compliance with the law, without prejudice to the jurisdiction of the Tribunal of Accounts of the Union;

  3. III— receiving and hearing complaints against members or organs of the Judiciary, including against its auxiliary services, employees and agencies rendering notarial and registry services that act by delegation of public or official powers, without prejudice to the disciplinary and correctional jurisdiction of the tribunals. The Council may assume jurisdiction over ongoing disciplinary proceedings and determine removal, leave or retirement with compensation or benefits proportional to the time of service and apply other administrative sanctions, assuring a full defense;

  4. IV— making representations to the Public Ministry, in the case of crimes against public administration or abuse of authority;

  5. V— revising, ex officio or upon demand, disciplinary proceedings of judges and members of tribunals decided less than one year ago;

  6. VI— preparing a statistical report each semester by unit of the Federation on the cases and judgments entered by the different organs of the Judiciary;

  7. VII— preparing an annual report that proposes the measures it deems necessary with respect to the situation of the Judiciary in the Country and the activities of the Council. This report should be part of the message of the President of the Supreme Federal Tribunal sent to the National Congress on the occasion of the opening of the legislative session.

§ 5°.  The Minister from the Superior Tribunal of Justice shall exercise the function of Supervising Minister and shall be excluded from distribution of the Tribunal’s cases. In addition to the powers conferred upon him or her by the Statute of the Judicature, he or she is responsible for the following:

  1. I— receiving complaints and denunciations from any interested person with respect to magistrates and judicial services;

  2. II— exercising the executive functions of the Council as to general inspection and correction;

  3. III— requisitioning and designating magistrates, delegating powers to them, and requisitioning employees of judges or tribunals, including those of the States, Federal District, and the Territories.

§ 6°.  The Procurator-General of the Republic and the President of the Federal Council of the Brazilian Bar Association shall officiate at the Council.

§ 7°.  The Union, including the Federal District and its Territories, shall create judicial grievance centers with jurisdiction to receive complaints and denunciations from any interested person against members or organs of the Judiciary, or against their auxiliary services, reporting directly to the National Council of Justice.”

“Art. 111-A.  The Superior Labor Tribunal shall be composed of twenty-seven Ministers, chosen among Brazilians between thirty-five and sixty-five years of age, nominated by the President of the Republic, after approval by an absolute majority of the Federal Senate, with;

  1. I— one-fifth from lawyers with more than ten years of effective professional activity and members of the Public Labor Ministry with more than ten years of effective service, observing the provisions of art. 94;

  2. II— the remainder from career magistrates of the Regional Labor Tribunals, selected by the Superior Tribunal itself.

§ 1°.  The law shall provide for the jurisdiction of the Superior Labor Tribunal.

§ 2°.  The following shall function together with the Superior Labor Tribunal:

  1. I— the National School for the Formation and Improvement of Labor Magistrates, which, among other functions, shall be responsible for regulating official courses for entry and promotion in the career;

  2. II— the Superior Council of Labor Justice, as the central body of the system, which shall be responsible for performing administrative, budgetary, financial and patrimonial supervision of Labor Justice in the first and second instances, as provided by law. The Council’s decisions shall have binding effects.”

“Art. 130-A.  The National Council of the Public Ministry shall consist of fourteen members appointed by the President of the Republic, after approval by an absolute majority of the Federal Senate, for a term of office of two years, permitting one additional term. It consists of:

  1. I— the Procurator-General of the Republic, who shall preside;

  2. II— four members of the Public Ministry of the Union, assuring representation to each of its careers;

  3. III— three members of the Public Ministry of the States;

  4. IV— two judges, one selected by the Supreme Federal Tribunal and the other by the Superior Tribunal of Justice;

  5. V— two lawyers appointed by the Federal Council of the Brazilian Bar Association;

  6. VI— two citizens of notable legal knowledge and unblemished reputation, one selected by the Federal Chamber of Deputies and the other by the Federal Senate.

§ 1°.  Members of the Council coming from the Public Ministry shall be selected by the respective Public Ministries, as provided by law.

§ 2°.  The National Council of the Public Ministry shall be responsible for control of the administrative and financial functioning of the Public Ministry and performance of the functional duties of its members. It is responsible for:

  1. I— preserving the functional and administrative autonomy of the Public Ministry, being able to issue regulamentary acts in its area of jurisdiction, or to recommend measures;

  2. II— observing art. 37 and appreciating, ex officio or upon demand, the legality of administrative acts practiced by members or bodies of the Public Ministry of the Union and of the States. The National Council can vacate or revise these acts, or fix a period in which necessary measures for the precise performance of the law shall be adopted, without prejudice to the jurisdiction of the Tribunals of Accounts;

  3. III— receiving and hearing complaints against members or organs of the Public Ministry of the Union and the States, including against their auxiliary services, without prejudice to the disciplinary and correctional jurisdiction of the institution. The National Council may assume jurisdiction over ongoing disciplinary proceedings to determine removal, leave or retirement with salary or benefits proportional to the time of the service and to apply other administrative sanctions, assuring a full defense;

  4. IV— revising, ex officio or upon demand, disciplinary proceedings of members of the Public Ministry of the Union or the States decided less than one year ago;

  5. V— preparing an annual report proposing measures that it deems necessary with respect to the situation of the Public Ministry in the Country and the activities of the Council, which shall be part of the message provided for in art. 84, XI.

§ 3°.  By secret ballot the Council shall choose a National Supervisor from among the members of the Public Ministry to which it is a part. Reelection is prohibited. The National Supervisor shall have the following responsibilities, in addition to the powers conferred upon him or her by law:

  1. I— to receive complaints and denunciations, from any interested person, with respect to the members of the Public Ministry and its auxiliary services;

  2. II— to perform the executive functions of the Council with respect to general inspection supervision;

  3. III— to requisition and to designate members of the Public Ministry, delegating powers to them, and to requisition employees of organs of the Public Ministry.

§ 4°.  The President of the Federal Council of the Brazilian Bar Association shall officiate at the Council.

§ 5°.  State and Federal laws shall create grievance centers for the Public Ministry, competent to hear complaints and denunciations by any interested person against members or organs of the Public Ministry, including against their auxiliary services, presenting them directly to the National Council of the Public Ministry.”

Art. 3.  The law shall create the Fund for the Guarantee of Labor Executions, made up of fines stemming from labor and administrative condemnations from labor supervision, as well as other receipts.

Art. 4.  The Tribunals of Alçada, wherever they exist, shall be extinct. Its members shall become part of the Tribunal of Justice in their respective States, respecting seniority and class of origin.

Sole paragraph.  Within a period of one hundred and eighty days, starting from the promulgation of this Amendment, the Tribunals of Justice, by administrative act, shall integrate members of the extinct tribunals within their ranks, fixing their jurisdiction and, within an equal time, sending the Legislature a proposal for modifying corresponding judicial organization and divisions, assuring the rights of the inactive and retired, and utilization of their employees in the State Judiciaries.

Art. 5.  The National Council of Justice and the National Council of the Public Ministry shall be installed within a period of one hundred and eighty days, starting from promulgation of this Amendment. The nomination or choosing of its members shall be effectuated within thirty days from the final period.

§ 1°.  If nominations for the National Council of Justice and the Public Ministry are not made within the period fixed in the initial paragraph of this article, it shall be up to the Supreme Federal Tribunal and the Public Ministry of the Union respectively to effectuate them.

§ 2°.  Until the Statute of the Judicature enters into force, the National Council of Justice, by resolution, shall discipline its functioning and shall define the powers of the Supervising Minister.

Art. 6.  The Superior Council of Labor Justice shall be installed within a period of one hundred and eighty days. It is the responsibility of the Superior Labor Tribunal to regulate the Council’s functioning by resolution so long as the law referred to in art. 111-A, § 2°, II, has not been promulgated.

Art. 7.  Immediately after promulgation of this Constitutional Amendment, the National Congress shall install a special mixed committee, designed to elaborate, within one hundred and eighty days, drafts of laws necessary for the regulation of the subjects treated herein, as well as to promote modifications in federal legislation making access to justice more ample and rendering of justice more rapid.

Art. 8.  The present precedents of the Supreme Federal Tribunal shall have binding effects only after confirmation by two-thirds of its members and publication in the official gazette.

Art. 9.  Subparagraph IV of art. 36, subpart h of subparagraph I of art. 102, § 4° of art. 103, and §§ 1° to 3° of art. 111 are repealed.

Art. 10.  This Constitutional Amendment shall enter into force on the date of its publication.

Brasília, December 8, 2004

Signatures omitted

Constitutional Amendment No. 46 of May 5, 2005

Changes subparagraph IV of art. 20 of the Federal Constitution.

The Executive Committees of the Chamber of Deputies and the Federal Senate, in the terms of § 3° of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  Subparagraph IV of art. 20 of the Federal Constitution shall be hereafter in force with the following wording:

“Art. 20. 

  1. IV— islands in rivers and lakes in zones bordering other countries, ocean beaches, islands in the ocean and offshore, excluding from the latter the areas containing the County seats, with the exception of those areas affected by public service and the federal environmental unit, and the areas referred to in art. 26, II.”

Art. 2.  This Constitutional Amendment shall enter into force on the date of its publication.

Brasília, May 5, 2005

Signatures Omitted

Constitutional Amendment No. 47 of July 5, 2005

Modifies arts. 37, 40, 195 and 201 of the Federal Constitution dealing with Social Security, and takes other measures.

The Executive Committees of the Chamber of Deputies and the Federal Senate, in the terms of § 3° of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  Arts. 37, 40, 195 and 201 of the Federal Constitution shall be hereafter in force with the following wording:

“Art. 37. 

§ 11°.  For purposes of the limit on remuneration referred to in subparagraph XI of the initial paragraph of this article, the portion that has the character of indemnification, as provided for by law, shall not be taken into account.

§ 12°.  For purposes of the provisions of subparagraph XI of this article, the States and the Federal District, by amendment to their respective constitutions and organic law, shall have the power to fix as a sole limit, within their own spheres, the monthly fixed compensation of the magistrates of their respective Tribunals of Justice, limited to ninety and twenty-five hundredths percent of the monthly fixed compensation of Ministers of the Federal Supreme Tribunal. The provisions of this paragraph do not apply to the fixed compensation of the State and District Deputies or Aldermen.”

“Art. 40. 

§ 4°.  Adoption of differentiated requirements and criteria for concession of retirement to those included in the regime referred to in this article is prohibited, except, in the terms defined by complementary laws, for functionaries:

  1. I— who are handicapped;

  2. II— who engage in risky activities;

  3. III— whose activities are carried out under special conditions prejudicial to their health or physical integrity.

§ 21°.  When the beneficiary has an incapacitating illness, as provided by law, the assessment provided for in § 18° of this article shall be levied only upon those portions of retirement and pension benefits that exceed twice the maximum limit established for benefits under the general regime of social security referred to in art. 201 of this Constitution.”

“Art. 195. 

§ 9°.  The social assessments provided for in subparagraph I of the initial paragraph of this article may have differentiated rates or bases of calculation in accordance with economic activity, intensive utilization of manpower, the size of the firm or the structural condition of the labor market.”

“Art. 201. 

§ 1°.  Adoption of differentiated requirements and criteria for the concession of retirement benefits in the general regime of social security is prohibited, except for activities performed under special conditions that prejudice health or physical integrity and for handicapped insureds, as defined by complementary law. …

§ 12°.  A law shall provide for a special system for including in social security low-income workers and those with no income of their own who dedicate themselves exclusively to domestic work within their homes, provided that they are members of low-income families, guaranteeing them access to benefits equal to one minimum wage.

§ 13°.  The special system for including in social security referred to in § 12° of this article shall have lower rates and forfeitures than those prevailing for others insured by the general regime of social security.”

Art. 2.  The provisions of art. 7 of Constitutional Amendment No. 41 of 2003 shall apply to retirement benefits of public employees who retire in the form of the initial paragraph to art. 6 of that Amendment.

Art. 3.  Except for the right to opt for retirement under the rules established by art. 40 of the Federal Constitution or by the rules established by arts. 2 and 6 of Constitutional Amendment No. 41 of 2003, civil servants of the Union, States, Federal District and Counties, including their autarchies and foundations, who have entered public service by December 16, 1998, may retire with full benefits, so long as they cumulatively meet the following conditions:

  1. I— thirty-five years of contribution, if male, and thirty years of contribution, if female;

  2. II— twenty-five years of effective public service, fifteen years of career service and five years in the position from which they retire;

  3. III— a minimum age resulting from the reduction, with respect to the limits in art. 40, § 1°, subparagraph III, subpart a of the Federal Constitution, of one year in age for each year of contribution that exceeds the conditions provided for in subparagraph I of the initial paragraph to this article.

Sole paragraph.  The provisions of art. 7 of Constitutional Amendment No. 41 of 2003, shall be applied to the value of the retirement benefits conceded on the basis of this article, observing the same criteria for revision of pensions derived from the benefits of deceased public employees retired in conformity with this article.

Art. 4.  As long as the law referred to in § 11° of art. 37 of the Federal Constitution has not been issued, for the purposes of the limit on remuneration referred to in subparagraph XI of the initial paragraph of this same article, any portion that has the character of indemnification, as well as that defined by the legislation in effect on the date of the publication of Constitutional Amendment No. 41 of 2003, shall not be taken into account.

Art. 5.  The sole paragraph of art. 6 of Constitutional Amendment No. 41 of December 19, 2003 is hereby repealed.

Art. 6.  This Constitutional Amendment shall enter into force on the date of its publication, with retroactive effects to the date of the entry into force of Constitutional Amendment No. 41 of 2003.

Brasília, July 5, 2005

Signatures omitted

Constitutional Amendment No. 48 of August 10, 2005

Adds § 3° to art. 215 of the Federal Constitution instituting the National Cultural Plan.

The Executive Committees of the Chamber of Deputies and the Federal Senate, in the terms of § 3° of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  Art. 215 of the Federal Constitution shall be hereafter in force with the addition of the following § 3°:

“Art. 215. 

§ 3°.  The law shall establish a National Cultural Plan, of multi-year duration, seeking the cultural development of the country and the integration of public actions that lead to:

  1. I— defense and valorization of Brazilian cultural patrimony;

  2. II— production, promotion and diffusion of cultural goods;

  3. III— formation of qualified personnel for the multiple dimensions of cultural management;

  4. IV— democratization of access to cultural goods;

  5. V— valorization of ethnic and regional diversity.”

Art. 2.  This Constitutional Amendment shall enter into force on the date of its publication.

Brasília, August 10, 2005

Signatures omitted

Constitutional Amendment No. 49 of February 8, 2006

Changes the wording of subpart b and adds subpart c to subparagraph XXIII of the initial paragraph of art. 21 and changes the wording of sub-paragraph V of the initial paragraph of art. 177 of the Federal Constitution to exclude the Union’s monopoly for production, marketing and utilization of radioisotopes of short half life for medical, agricultural and industrial uses.

The Executive Committees of the Chamber of Deputies and Federal Senate, in accordance with art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  Subparagraph XXIII of art. 21 of the Federal Constitution shall be hereafter in force with the following wording:

“Art. 21. 

  1. XXIII— 

    1. b)  marketing and utilization of radioisotopes for research and medical, agricultural and industrial use are authorized under a permit regime;

    2. c)  production, marketing and utilization of radioisotopes with a half-life equal to or less two hours are authorized under a permit regime;

    3. d)  civil liability for nuclear damages does not depend upon existence of fault;”

Art. 2.  Subparagraph V of the initial paragraph of art. 177 of the Federal Constitution shall be hereafter in force with the following wording:

“Art. 177. 

  1. V— prospecting, mining, enrichment, reprocessing, industrialization or commerce in ores and nuclear minerals and their by-products, with the exception of radioisotopes whose production, marketing and utilization may be authorized under a permit regime, in accordance with subparts b and c of subparagraph XXIII of the initial paragraph of art. 21 of this Federal Constitution.”

Art. 3.  This Constitutional Amendment shall enter into force on the date of its publication.

Brasília, February 8, 2006

Signatures omitted.

Constitutional Amendment No. 50 of February 14, 2006

Modifies art. 57 of the Federal Constitution.

The Executive Committees of the Chamber of Deputies and the Federal Senate, in accordance with art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  Art. 57 of the Federal Constitution shall be hereafter in force with the following wording:

“Art. 57.  The National Congress shall meet annually in the Federal Capital, from February 2nd to July 17th and from August 1st to December 22nd ….

§ 4°.  Each Chamber shall meet in preparatory sessions, starting on February 1st of the first year of the legislature, for seating its members and election of its respective Executive Committee for a 2 (two)-year term, prohibiting reelection to the same position in the next election ….

§ 6°.  Extraordinary sessions of the National Congress shall be called: …

  1. II— by the President of the Republic, by the Presidents of the Chamber of Deputies and the Federal Senate or at the request of a majority of the members of both Houses, in the event of urgency or relevant public interest, in all cases in this subparagraph with approval by an absolute majority of each of the Houses of the National Congress.

§ 7°.  In an extraordinary legislative session, the National Congress shall consider only matters for which it was convoked, except in the situation of § 8 of this article. Payment of compensation for such convocation is prohibited.”

Art. 2.  This Constitutional Amendment shall enter into force on the date of its publication.

Brasília, February 14, 2006

Signatures omitted

Constitutional Amendment No. 51 of February 14, 2006

Adds §§ 4°, 5° and 6° to art. 198 of the Federal Constitution.

The Executive Committees of the Chamber of Deputies and the Federal Senate, in the terms of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  Art. 198 of the Federal Constitution shall be hereafter in force, adding the following §§ 4º, 5º and 6º.

“Art. 198. 

§ 4°.  Local managers of the unified health system shall admit community health agents and agents for combat of endemic disease through a public selection procedure, in accordance with the nature and complexity of their powers and specific requirements for their functioning.

§ 5°.  Federal law shall provide for the legal regime and regulation of the activities of community health agents and agents for combat of endemic disease.

§ 6°.  In addition to the cases provided for in § 1° of art. 41 and § 4° of art. 169 of the Federal Constitution, employees who exercise functions equivalent to community health agents or agents for combat of endemic disease may lose their posts for non-compliance with specific requirements, fixed by law, for such exercise.”

Art. 2.  After promulgation of this Constitutional Amendment, community health agents and agents for combat of endemic disease may be hired only directly by States, the Federal District and Counties in accordance with § 4° of art. 198 of the Federal Constitution, observing the expense limit established in the Complementary Law referred to in art. 169 of the Federal Constitution.

Sole paragraph.  Professionals who, on the date of the promulgation of this Amendment, and with whatever title, perform the activities of community health agents or agents for combat of endemic disease, as provided by law, are exempted from submission to the public selection procedure referred to in § 4° of art. 198 of the Federal Constitution, so long as they were hired under the prior public selection procedure carried out by organs or entities of direct or indirect administration of the States, Federal District, or Counties, or other institutions with effective supervision and authorization of federal entities of direct administration.

Art. 3.  This Amendment shall enter into force on the date of its publication.

Brasília, February 14, 2006

Signatures omitted

Constitutional Amendment No. 52 of March 8, 2006

Rewords § 1° of art. 17 of the Federal Constitution in order to discipline electoral affiliations.

The Executive Committees of the Chamber of Deputies and the Federal Senate, in the terms of § 3 of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  § 1° of art. 17 of the Federal Constitution shall be hereafter in force with the following wording:

“Art. 17. 

§ 1°.  Political parties are assured autonomy in defining their internal structure, organization and operation and in adopting criteria for choosing their regime of electoral affiliation, without requiring linkage among candidates in the national, state, district or county spheres. Party by-laws shall establish rules for party discipline and loyalty.”

Art. 2.  This Constitutional Amendment shall enter into force on the date of its publication, applying to elections that will occur in the year 2002.14

Brasília, March 8, 2006

Signatures Omitted

Constitutional Amendment No. 53 of December 19, 2006

Rewords arts. 7, 23, 30, 206, 208, 211, and 212 of the Federal Constitution and art. 60 of the Transitional Constitutional Provisions Act.

The Executive Committees of the Chamber of Deputies and the Federal Senate, in the terms of the § 3° of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  The Federal Constitution shall be hereafter in force with the following changes:

“Art. 7. 

  1. XXV— free assistance for children and dependents from birth to 5 (five) years of age in day-care centers and pre-schools;”

“Art. 23. 

Sole paragraph.  Complementary laws shall establish rules for cooperation among the Union, States, Federal District and Counties, aimed at balancing investment and well-being on a nationwide basis.”

“Art. 30. 

  1. VI— maintain programs of pre-school and elementary education;”

“Art. 206. 

  1. V— valorization of teaching professionals, guaranteeing, as provided by law, career plans, with admittance of public school teachers exclusively by public competitive examinations and professional credentials; …

  2. VIII— a national professional base salary for public school professionals, in accordance with federal law.

Sole paragraph.  The law shall provide for the categories of workers considered elementary education professionals and for determination of the period for establishment or conformity of their careers plans for the Union, States, Federal District and Counties.”

“Art. 208. 

  1. IV— early education in nurseries and pre-school for children up to 5 (five) years of age;”

“Art. 211. 

§ 5°.  Elementary public education shall give priority to regular teaching.”

“Art. 212. 

§ 5°.  Basic public education shall have as an additional source of financing the educational salary assessment, collected from companies, as provided by law.

§ 6°.  State and municipal shares from collection of the educational salary assessment shall be distributed in proportion to the number of students matriculated in basic education in their respective systems of public education.”

Art. 2.  Art. 60 of the Transitional Constitutional Provisions Act shall be hereafter in force with the following wording:

“Art. 60.  Until the 14th (fourteenth) year from the promulgation of this Constitutional Amendment, the States, Federal District and Counties shall apply part of the funds referred to in the initial paragraph of art. 212 of the Federal Constitution to maintenance and development of basic education and to adequate remuneration of those working in education, respecting the following provisions:

  1. I— distribution of the resources and responsibilities among the Federal District, States and Counties is assured through creation, within the province of each State and the Federal District, of a Fund for the Maintenance and Development of Basic Education and Valorization of the Teaching Profession—FUNDEB, that will be accounting in nature;

  2. II— the Funds referred to in the preceding paragraph of this article shall be constituted by 20% (twenty percent) of the funds referred to in subparagraphs I, II and III of art. 155; subparagraph II of the initial paragraph of art. 157; subparagraphs II, III and IV of the initial paragraph of art. 158; and subparts a and b of subparagraph I and subparagraph II of the initial paragraph of art. 159 of the Federal Constitution, and distributed among each State and its Counties in proportion to the number of students in the various stages and modalities of basic education matriculated in their respective systems, in the respective provinces of priority functioning established in §§ 2° and 3° of art. 211 of the Federal Constitution;

  3. III— observing the guarantees established in subparagraphs I, II, III and IV of the initial paragraph of art. 208 of the Federal Constitution and the goal of universality of basic education established in the National Education Plan, the law shall provide for:

    1. a)  organization of the Funds, proportional distribution of their resources, differences and weights as to the annual amount per student among the various stages and modalities of basic education and the type of teaching establishments;

    2. b)  manner of calculation of the annual minimum amount per student;

    3. c)  maximum percentages for appropriation of resources from the Funds for the diverse stages and modalities of basic education, observing arts. 208 and 214 of the Federal Constitution, as well as the goals of the National Education Plan;

    4. d)  supervision and control of the Funds;

    5. e)  period for fixing, by specific law, the national professional base salary for those in the profession of teaching basic education;

  4. IV— resources received on account of the Funds instituted in the terms of subparagraph I of the initial paragraph of this article shall be applied by the States and Counties exclusively in the respective spheres of priority functioning, in conformity with what has been established in §§ 2° and 3° of art. 211 of the Federal Constitution;

  5. V— the Union shall supplement the resources of the Funds referred to in subparagraph II of the initial paragraph of this article whenever the cost per student in the Federal District and in each State does not reach the nationally defined minimum, determined in accordance with the provision of subparagraph VII of the initial paragraph of this article, prohibiting utilization of the funds referred to in § 5° of art. 212 of the Federal Constitution;

  6. VI— up to 10% (ten percent) of the Union’s supplemental contribution provided for in subparagraph V of the initial paragraph of this article may be distributed by the Funds through programs directed toward improvement in the quality of education, as provided for by the law referred to in subparagraph III of the initial paragraph of this article;

  7. VII— the Union’s supplemental contribution referred to in subparagraph V of the initial paragraph of this article shall be a minimum of:

    1. a)  R$ 2,000,000,000 (two billion reais), in the first year these Funds are in operation;

    2. b)  R$ 3,000,000,000 (three billion reais), in the second year these Funds are in operation;

    3. c)  R$ 4,500,000,000 (four billion five million reais), in the third year these Funds are in operation;

    4. d)  10% (ten percent) of the total funds referred to in subparagraph II of the initial paragraph of this article, starting with the fourth year of the life of these Funds;

  8. VIII— linking the funds to maintenance and development of education established in art. 212 of the Federal Constitution shall support, at a maximum, 30% (thirty percent) of the Union’s supplemental contribution, considered for the purposes of this initial paragraph as the sums provided for in subparagraph VII of the initial paragraph of this article;

  9. IX— the sums referred to in subparts a, b, and c of subparagraph VII of the initial paragraph of this article shall be updated annually, starting with the promulgation of this Constitutional Amendment, in a manner that will preserve permanently the real value of the Union’s supplemental contribution;

  10. X— the provisions of art. 160 of the Federal Constitution shall apply to the Union’s supplemental contribution;

  11. XI— failure to comply with the provisions of subparagraphs V and VII of the initial paragraph of this article shall imply a crime of responsibility by the competent authority;

  12. XII— not less than 60% (sixty percent) of each Fund referred to in subparagraph I of the initial paragraph of this article shall be destined for payment of members of the basic education teaching profession actively engaged in the profession.

§ 1°.  In financing basic education, the Union, States, Federal District and Counties shall assure improvement in the quality of teaching, so as to guarantee the nationally defined minimum standard.

§ 2°.  The cost per student for basic teaching in the Fund of each State and the Federal District shall not be less than practiced in the sphere of the Fund for the Maintenance and Development of Elementary Education and the Valorization of the Teaching Profession—FUNDEF, in the year prior to the entry into force of this Constitutional Amendment.

§ 3°.  The annual minimum cost per student for basic education in the sphere of the Funds for the Maintenance and Development of Basic Education and Valorization of Educational Professionals—FUNDEB, shall not be less than the nationally fixed minimum cost for the prior year and that at the entering into force of this Constitutional Amendment.

§ 4°.  For the purposes of distribution of the resources of the Funds referred to in subparagraph I of the initial paragraph of this article, one shall take into account the total number of persons enrolled in elementary education and shall consider for purposes of pre-school education and for middle school and the education of adolescents and adults, 1/3 (one-third) of the enrollments in the first year, 2/3 (two-thirds) in the second year and the entire amount starting with the third year.

§ 5°.  The percentage of resources for the constitution of the Funds, in accordance with subparagraph II of the initial paragraph of this article, shall be reached gradually in the first 3 (three) years that these Funds are in operation, in the following manner:

  1. I— in the case of taxes and tranferences set out in subparagraph II of the initial paragraph of art. 155; subparagraph IV of the initial paragraph of art. 158; subparts a and b of subparagraph I and of subparagraph II of the initial paragraph of art. 159 of the Federal Constitution:

    1. a)  16.66% (sixteen and sixty-six one-hundredths percent) in the first year;

    2. b)  18.33% (eighteen and thirty-three one-hundredths percent) in the second year;

    3. c)  20% (twenty percent) starting with the third year;

  2. II— in the case of taxes and transferences set out in subparagraphs I and III of the initial paragraph of art. 155; of subparagraph II of the initial paragraph of art. 157; and of the subparagraph II and III of the initial paragraph of art. 158 of the Federal Constitution:

    1. a)  6.66% (six and sixty-six one-hundredths percent), in the first year;

    2. b)  13.33% (thirteen and thirty-three one-hundredths percent), in the second year;

    3. c)  20% (twenty percent) in the third year.

§ 6°.  [Repealed]

§ 7°.  [Repealed]

Art. 3.  This Constitutional Amendment shall enter into force on the date of its publication, maintaining in effect art. 60 of the Transitional Constitutional Provisions Act, as established by Constitutional Amendment No. 14 of September 12, 1996, up to the entry into operation of the Funds in the terms of this Constitutional Amendment.

Brasília, December 19, 2006

Signatures omitted

Constitutional Amendment No. 54 of September 20, 2007

Rewords subpart c of subparagraph I of art. 12 of the Federal Constitution and adds art. 95 to the Transitional Constitutional Provisions act, assuring consular registry of Brazilians born abroad.

The Executive Committees of the Chamber of Deputies and the Federal Senate, in accordance with § 3° of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  Subpart c of subparagraph I of art. 12 of the Federal Constitution shall be hereafter in force with the following wording:

“Art. 12. 

  1. (c)  those born abroad of a Brazilian father or mother, so long as they are registered in a proper Brazilian governmental office or come to reside in the Federative Republic of Brazil and opt for Brazilian nationality at any time after reaching the age of majority;”

Art. 2.  The following article 95 shall be added to the Transitional Constitutional Provisions Act:

“Art. 95.  Those born abroad between June 7, 1994, and the date of promulgation of this Constitutional Amendment, who are children of a Brazilian father or mother, may be registered in the appropriate Brazilian embassy or consulate or, if they come to reside in the Federative Republic of Brazil, at a registry office.”

Art. 3.  This constitutional amendment shall enter into force on the date of its publication.

Brasília, September 20, 2007

Signatures Omitted

Constitutional Amendment No. 55 of September 20, 2007

Changes art. 159 of the Federal Constitution, increasing the Union’s delivery of resources to the Counties’ Revenue Sharing Funds.

The Executive Committees of the Chamber of Deputies and of the Federal Senate, in accordance with § 3 of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  Art. 159 of the Federal Constitution shall be hereafter in force with the following changes:

“Art. 159. 

  1. I— forty-eight percent of the proceeds from the collection of taxes on income and earnings of any nature and on industrialized products, in the following manner:

    1. (d)  one percent to the Revenue Sharing Fund of the Counties, which shall be delivered during the first 10 days of the month of December of each year;”

Art. 2.  During fiscal year 2007, the changes in art. 159 of Federal Constitution provided for in this Constitutional Amendment shall apply only to the proceeds from the collection of the tax on income and earnings of any nature and on industrialized products realized after September 1st, 2007.

Art. 3.  This constitutional amendment shall enter into force on the date of its publication.

Brasília, September 20, 2007

Signatures Omitted

Constitutional Amendment No. 56 of December 20, 2007

Extends the period provided for in the initial paragraph of art. 76 of the Transitional Constitutional Provisions Act and takes other measures.

The Executive Committees of the Chamber of Deputies and the Federal Senate, in the terms of § 3 of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  The initial paragraph of art. 76 of the Transitional Constitutional Provisions Act shall be hereafter in force with the following wording:

“Art. 76.  20% (twenty percent) of the Union’s collection of taxes, social assessments and assessment for intervention in the economic domain, already instituted or that are created by the referred to date, as well as their surcharges and respective legal increments, are unlinked from the agency, fund or expense until December 31, 2011.”

Art. 2.  This Constitutional Amendment shall enter into force on the date of its publication.

Brasília, December 20, 2007

Signatures Omitted

Constitutional Amendment No. 57 of December 18, 2008

Adds an article to the Transitional Constitutional Provisions Act to validate the acts of creation, merger, incorporation and dismantling of Counties.

The Executive Committees of the Chamber of Deputies and the Federal Senate, in accordance with § 3° of art. 60 of the Federal Constitution promulgate the following Amendment to the constitutional text:

Art. 1.  The Transitional Constitutional Provisions Act hereafter shall be in force with the addition of the following art. 96:

“Art. 96.  The acts of creation, merger and corporation and dismantling of Counties whose laws have been published by December 31, 2006, are validated, taking into account the requirements established in the respective State legislation at the time of their creation.”

Art. 2.  This Constitutional Amendment shall enter into force on the date of its publication.

Brasília, December 18, 2008

Signatures omitted.

Constitutional Amendment No. 58 of September 23, 2009

Changes the wording of Subparagraph IV of the initial paragraph of art. 29 and of art. 29-A of the Federal Constitution, dealing with provisions related to reconfiguration of County Legislatures.

The Executive Committees of the Chamber of Deputies and the Federal Senate, in accordance with § 3° of art. 60 of the Federal Constitution promulgate the following Amendment to the constitutional text:

Art. 1.  Subparagraph IV of the initial paragraph of art. 29 of the Federal Constitution hereafter shall be in force with the following wording:

“Art. 29. 

  1. IV— in the composition of County Legislatures the following maximum limits shall be observed:

    1. a)  9 (nine) Aldermen in Counties with up to 15,000 (fifteen thousand) inhabitants;

    2. b)  11 (eleven) Aldermen in Counties with more than 15,000 (fifteen thousand) and up to 30,000 (thirty thousand) inhabitants;

    3. c)  13 (thirteen) Aldermen in Counties with more than 30,000 (thirty thousand) and up to 50,000 (fifty thousand) inhabitants;

    4. d)  15 (fifteen) Aldermen in Counties with more than 50,000 (fifty thousand) and up to 80,000 (eighty thousand) inhabitants;

    5. e)  17 (seventeen) Aldermen in Counties with more than 80,000 (eighty thousand) and up to 120,000 (one hundred twenty thousand) inhabitants;

    6. f)  19 (nineteen) Aldermen in Counties with more than 120,000 (one hundred and twenty thousand) and up to 160,000 (one hundred sixty thousand) inhabitants;

    7. g)  21 (twenty) Aldermen in Counties with more than 160,000 (one hundred and sixty thousand) and up to 300,000 (three hundred thousand) inhabitants;

    8. h)  23 (twenty-three) Aldermen in Counties with more than 300,000 (three hundred thousand) and up to 450,000 (four hundred fifty thousand) inhabitants;

    9. i)  25 (twenty-five) Aldermen in Counties with more than 450,000 (four hundred and fifty thousand) and up to 600,000 (six hundred thousand) inhabitants;

    10. j)  27 (twenty-seven) Aldermen in Counties with more than 600,000 (six hundred thousand) and up to 750,000 (seven hundred fifty thousand) inhabitants;

    11. k)  29 (twenty-nine) Aldermen in Counties with more than 750,000 (seven hundred fifty thousand) and up to 900,000 (nine hundred thousand) inhabitants;

    12. l)  31 (thirty-one) Aldermen in Counties with more than 900,000 (nine hundred thousand) and up to 1,050,000 (one million fifty thousand) inhabitants;

    13. m)  33 (thirty-three) Aldermen in Counties with more than 1,050,000 (one million fifty thousand) and up to 1,200,000 (one million two hundred thousand) inhabitants;

    14. n)  35 (thirty-five) Aldermen in Counties with more than 1,200,000 (one million two hundred thousand) and up to 1,350,000 (one million three hundred fifty thousand) inhabitants;

    15. o)  37 (thirty-seven) Aldermen in Counties with more than 1,350,000 (one million three hundred fifty thousand) and up to 1,500,000 (one million five hundred thousand) inhabitants;

    16. p)  39 (thirty-nine) Aldermen in Counties with more than 1,500,000 (one million five hundred thousand) and up to 1,800,000 (one million eight hundred thousand) inhabitants;

    17. q)  41 (forty-nine) Aldermen in Counties with more than 1,800,000 (one million eight hundred thousand) and up to 2,400,000 (two million four hundred thousand) inhabitants;

    18. r)  43 (forty-three) Aldermen in Counties with more than 2,400,000 (two million four hundred thousand) and up to 3,000,000 (three million) inhabitants;

    19. s)  45 (forty-five) Aldermen in Counties with more than 3,000,000 (three million) and up to 4,000,000 (four million) inhabitants;

    20. t)  47 (forty-seven) Aldermen in Counties with more than 4,000,000 (four million) and up to 5,000,000 (five million) inhabitants;

    21. u)  49 (forty-nine) Aldermen in Counties with more than 5,000,000 (five million) and up to 6,000,000 (six million) inhabitants;

    22. v)  51 (fifty-one) Aldermen in Counties with more than 6,000,000 (six million) and up to 7,000,000 (seven million) inhabitants;

    23. w)  53 (fifty-three) Aldermen in Counties with more than 7,000,000 (seven million) and up to 8,000,000 (eight million) inhabitants;

    24. x)  55 (fifty-five) Alderman in Counties with more than 8,000,000 (eight million) inhabitants.”

Art. 2.  Art. 29-A of the Federal Constitution hereafter shall be in force with the following wording:

“Art. 29-A. 

  1. I— 7% (seven percent) for Counties with a population up to 100,000 (one hundred thousand) inhabitants;

  2. II— 6% (six percent) for Counties with a population between 100,000 (one hundred thousand) and 300,000 (three hundred thousand) inhabitants;

  3. III— 5% (five percent) for Counties with a population between 300,001 (three hundred thousand one) and 500,000 (five hundred thousand) inhabitants;

  4. IV— 4.5% (four and one-half percent) for Counties with a population between 500,001 (five hundred thousand and one) and 3,000,000 (three million) inhabitants;

  5. V— 4% (four percent) for Counties with a population between 3,000,001 (three million and one) inhabitants and 8,000,000 (eight million) inhabitants;

  6. VI— 3.5% (three and one-half percent) for Counties with a population greater than 8,000,001 (eight million and one) inhabitants.”

Art. 3.  This Constitutional Amendment shall enter into force on the date of its promulgation, producing effects for:

  1. I— the provisions of art. 1, starting with the electoral process of 2008;15 and

  2. II— the provisions of art. 2, starting on January 1 of the year following the promulgation of this Amendment.

Brasília, September 23, 2009

Signatures omitted.

Constitutional Amendment No. 59 of November 11, 2009

Adds § 3° to art. 76 of the Transitional Constitutional Provisions Act to reduce annually, starting in fiscal year 2009, the percentage of unlinking the Union’s tax revenues with respect to resources destined for maintenance and development of education dealt with in art. 212 of the Federal Constitution; rewords subparagraphs I and VII of art. 208 in a way that anticipates compulsory education between the ages of four and seventeen years and increases the range of supplementary programs for all phases of elementary education; and rewords § 4° of art. 211 and § 3° of art. 212, as well as the initial paragraph of art. 214, with the insertion of this provision in subparagraph VI.

The Executive Committees of the Chamber of Deputies and the Federal Senate, in accordance with § 3° of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  Subparagraphs I and VII of art. 208 of the Federal Constitution hereafter shall be in force with the following changes:

“Art. 208. 

  1. I— free, compulsory elementary education from 4 (four) to 17 (seventeen) years of age, including assurance that it will offered gratuitously to all who did not have access to it at the proper age;

  1. VII— educational assistance in all stages of basic education by means of supplemental programs of school books, teaching materials, transportation, nutrition and health care.”

Art. 2.  § 4° of art. 211 of the Federal Constitution hereafter shall be in force with the following wording:

“Art. 211. 

§ 4°.  In the organization of their educational systems, the Union, States, Federal District, and Counties shall define forms of collaboration, in order to assure the universality of compulsory education.”

Art. 3.  § 3° of art. 212 of the Federal Constitution hereafter shall be in force with the following wording:

“Art. 212. 

§ 3°.  In the distribution of public funds, priority shall be assured to meeting the needs of compulsory education, where it refers to universality, a guarantee of the standard of quality and equity, in the terms of the national educational plan.”

Art. 4.  The initial paragraph of art. 214 of the Federal Constitution hereafter shall be in force with the following wording, adding subparagraph VI:

“Art. 214.  The law shall establish a national educational plan, with a ten year duration, designed to articulate a national educational system in a regime of collaboration and to define the directives, objectives, goals and strategies for implementation in order to assure the maintenance and development of teaching at various levels, stages and modalities by means of integrated actions by the public powers of the different federative spheres in which it is conducted:

  1. VI— establishment of a goal for application of public resources in education as a percentage of gross domestic product.”

Art. 5.  Art. 76 of the Transitional Constitutional Provisions Act hereafter shall be in force with the addition of the following § 3°:

“Art. 76. 

§ 3°.  For the purpose of calculation of the resources for maintenance and development of education dealt with in art. 212 of the Constitution, the percentage referred to in the initial paragraph of this article shall be 12.5% (twelve and one-half of one percent) in fiscal year 2009, 5% (five percent) in fiscal year 2010, and zero in the fiscal year 2011.”

Art. 6.  The provision in subparagraph I of art. 208 of the Federal Constitution shall be implemented progressively until 2016, under the terms of the National Educational Plan, with the technical and financial support of the Union.

Art. 7.  This Constitutional Amendment shall enter into force on the date of its publication.

Brasília, November 11, 2009

Signatures omitted.

Constitutional Amendment No. 60 of November 11, 2009

Modifies art. 89 of the Transitional Constitutional Provisions Act to provide for the personnel of civil and military employees of the ex-Federal Territory of Rondônia.

The Executive Committees of the Chamber of Deputies and the Federal Senate, in accordance with § 3° of the art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  Art 89 of the Transitional Constitutional Provisions Act hereafter shall be in force with the following wording, prohibiting payment, in any respect, by virtue of such alteration, for damages or indemnification of any sort, referring to periods prior to the date of publication of this Constitutional Amendment:

“Art. 89.  Career members of the military police and municipal employees of the ex-Federal Territory of Rondônia, who duly prove that in the regular exercise of their functions they performed services in that ex-Territory on the date it was transformed into a State, as well as the employees and Military Police covered by the provisions of art. 36 of Complementary Law No. 41 of December 22, 1981, and those regularly admitted into the personnel of the State of Rondônia prior to the date of the taking of office by the first elected Governor, on March 15, 1987, shall constitute, via option, terminated personnel of the federal administration, assuring the rights and advantages inherent therein, prohibiting payment in any respect for differences in remuneration.

§ 1°.  The members of the Military Police shall continue to perform services to the State of Rondônia, in the condition of assignees, submitted to the Military Police corporations, observing the powers of their functions compatible with their degree in the hierarchy.

§ 2°.  The employees referred to in the initial paragraph shall continue performing services to the State of Rondônia in the condition of assignees, until their approval by an organ or entity of the direct federal administration, autarchy or foundation.”

Art. 2.  This Constitutional Amendment shall enter into force on the date of its publication, producing no retroactive effects.

Brasília, November 11, 2009

Signatures omitted.

Constitutional Amendment No. 61 of November 11, 2009

Modifies art. 103-B of the Federal Constitution to change the composition of the National Council of Justice.

The Executive Committees of the Chambers of Deputies and the Federal Senate, under the terms of § 3°of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  Art. 103-B of the Federal Constitution hereafter shall be in force with the following wording:

“Art. 103-B.  The National Council of Justice shall consist of 15 (fifteen) members with a term of office of 2 (two) years, with 1 (one) renewal permitted, including:

  1. I— The President of the Supreme Federal Tribunal;

§ 1°.  The President of the Supreme Federal Tribunal, and in his absence or impediment, the Vice-President of the Supreme Federal Tribunal, shall preside over the Council.

§ 2°.  The other members of the Council shall be appointed by the President of the Republic, after approval of his choice by an absolute majority of the Federal Senate.”

Art. 2.  This Amendment shall enter into force on the date of its publication.

Brasília, November 11, 2009

Signatures omitted.

Constitutional Amendment No. 62 of December 8, 200916

Changes art. 100 of the Federal Constitution and adds art. 97 to the Transitional Constitutional Provisions Act, instituting a special regime for paying State, Federal District and County judicial orders of payment.

The Executive Committees of the Chamber of Deputies and the Federal Senate, under the terms of § 3 of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  Art. 100 of the Federal Constitution shall be in force with the following wording:

“Art. 100.  Payments owed by the Federal, State, District and County Treasuries, by virtue of a court judgment, shall be made exclusively in the chronological order of submission of the judicial orders of payment and to the account of the respective credits. Designation of cases or persons in budget appropriations and the opening of additional credits for such purposes are prohibited.

§ 1°.  Debts for support include those stemming from salaries, wages, earnings, pensions and their complementary provisions; social security benefits; and indemnification for death or disability, based upon civil liability, based on a final and non-appealable court judgment. These debts shall be paid in preference over all other debts, except for those referred to in § 2° of this article.

§ 2°.  Debts for support owed to persons 60 (sixty) years of age or more on the date of the issuance of the judicial order of payment, or who are suffering from a serious disease, as defined by law, shall be paid with preference over all other debts, up to a value equivalent to three times that fixed by law for the purposes of the provision in § 3° of this article. Payment of a fractional amount is permitted for this purpose, with the rest being paid in the chronological order of the presentation of the judicial order of payment.

§ 3°.  The provision in the initial paragraph of this article with respect to the issuing of judicial orders of payment does not apply to payment of obligations defined by law as small amounts, which must be paid by the referred to Treasuries by virtue of a final non-appealable judgment.

§ 4°.  For the purposes of the provision of § 3°, differing amounts for entities of public law may be fixed by their own laws according to different economic capabilities, with a minimum amount equal to the amount of the highest social security benefit in the general regime.

§ 5°.  Budgets of public law entities must include funds necessary for payment of their debts stemming from final non-appealable judgments in accordance with judicial orders of payment submitted by July 1st. Payment shall be made by the end of the following fiscal year, at which time their value shall be monetarily updated.

§ 6°.  The budgetary appropriations and the opened credits shall be consigned directly to the Judiciary. It is the duty of the President of the Tribunal rendering the decision that permits execution to determine integral payment and to authorize, at the creditor’s request, attachment of the amount necessary to satisfy the debt, but only in the event of failure to respect his right of precedence or failure to make a budgetary allocation of an amount necessary to satisfy his debt.

§ 7°.  The President of the competent Tribunal who, by an act of commission or omission, delays or tries to frustrate the regular liquidation of a judicial order of payment commits an impeachable offense and shall also be held liable before the National Council of Justice.

§ 8°.  It is prohibited to issue a judicial order of payment complementary or supplementary to the amount paid, as well as to fractionize, divide or reduce the value of its execution, for the purpose of inclusion as part of the total to which § 3° of this article provides.

§ 9°.  Independent of regulation, at the time they are issued judicial orders of payment must be reduced, as a setoff, by an amount corresponding to clear and certain debts, whether or not inscribed in the active debt and constituted against the original creditor by the debtor’s Public Treasury, including past due installment amounts, except for those whose execution was suspended by virtue of an administrative or judicial challenge.

§ 10°.  Prior to the issuance of judicial orders of payment, the Tribunal shall request the debtor Public Treasury to respond within 30 (thirty) days, under penalty of the loss of the right of reduction, with information about debts that fulfill the conditions established in § 9° for the purposes provided therein.

§ 11°.  In accordance with what is established by the law of the debtor federative entity, the creditor may exchange his credits in judicial orders of payment to purchase public real assets of the respective federative entity.

§ 12°.  After promulgation of this Constitutional Amendment, updating of the requisitioned sums between expedition until effective payment, independent of its nature, shall be made in accordance with the official index for basic remuneration in savings accounts. For the purposes of compensation for the delay, simple interest shall be included at the same percentage rate as interest on savings accounts. The incidence of compensatory interest shall be excluded.

§ 13°.  Without need for the debtor’s consent, the creditor may assign to third parties, either totally or partially, his credits in judicial orders of payment. The provisions of §§ 2° and 3° do not apply to the assignee.

§ 14°.  The assignment of judicial orders of payment shall be effective only after communication, by means of a protocolized petition, to the tribunal of origin and to the debtor entity.

§ 15°.  Without prejudice to the provisions of this article, a law complementary to this Federal Constitution shall establish a special regime for the payment of credit for State, Federal District and County judicial orders of payment, providing for linkages between current net receipts and the form and period for liquidation.

§ 16°.  At its exclusive criteria and in the form of law, the Union may assume debts stemming from State, Federal District, and County judicial orders of payment, refinancing them directly.”

Art. 2.  The Transitional Constitutional Provisions Act shall go into effect with the addition of the following art. 97:

“Art. 97.  Until the complementary law dealt with in § 15° of art. 100 of the Federal Constitution is enacted, the States, Federal District and Counties that, on the date of the publication of this Constitutional Amendment, have failed to pay past due judicial orders of payment with respect to their direct and indirect administration, including those issued during the period of the special regime instituted by this article, shall make these payments in accordance with the norms that are established below. The provisions in art. 100 of this Federal Constitution are inapplicable except for §§ 2°, 3°, 9°, 10°, 11°, 12°, 13° and 14°, without prejudice to agreements from conciliatory transactions already formalized on the date of the promulgation of this Constitutional Amendment.

§ 1°.  By an Executive Act, the States, Federal District and Counties subject to the special regime with which this article deals may opt:

  1. I— for deposit in a special account the amount referred to in § 2º of this article; or

  2. II— for adoption of a special regime for a period of up to (15) fifteen years, in which case the percentage to be deposited in this special account referred to in § 2° of this article shall correspond annually to the total amount of the judicial orders of payment owed, increased by the official index for basic remuneration in the savings accounts and simple interest at the same percentage rate as interest paid on savings account for the purposes of compensation for delay, excluding the incidence of compensatory interest, diminished by the amortizations and divided by the number of years remaining in the special regime of payment.

§ 2°.  In order to pay off the judicial orders of payment, whether past due or coming due, by the special regime, the States, Federal District and Counties that owe them shall deposit monthly, in a special account created for such purpose, 1/12 (one-twelfth) of the amount calculated in percentage terms of their respective current net receipts, determined in the second month prior to the month of payment. This percentage, calculated at the moment of option for the regime and maintained fixed until the final period to which § 14° of this article refers, shall be:

  1. I— for the States and for the Federal District:

    1. a)  a minimum 1.5% (one and one-half percent), for States in the regions of the North, Northeast and the Center-West, as well as the Federal District, or for those States whose stock of pending judicial orders of payment for their direct and indirect administrations amounts to up to 35% (thirty-five) percent of current net receipts;

    2. b)  a minimum of 2% (two percent) for States in the regions of the South and Southeast whose stock of pending judicial orders of payment for their direct and indirect administrations amounts to more than 35% (thirty-five percent) of their total current net receipts.

  2. II— for the Counties:

    1. a)  a minimum 1% (one percent) for Counties in the regions of the North, Northeast and Center-West or whose stock of pending judicial orders of payment of their direct and indirect administrations amounts to more than 35% (thirty-five percent) of current net receipts;

    2. b)  a minimum 1.5% (one and one-half percent) for the Counties of the regions of the South and Southeast whose stock of pending judicial orders of payment for their direct and indirect administration amounts to more than 35% (thirty-five percent) of their current net receipts.

§ 3°.  For the purposes of this article, current net receipts shall be understood as the sum of receipts from taxes, patrimony, industry, fish farming, contributions and services, current transfers and other current receipts, including those stemming from § 1° of art. 20 of the Federal Constitution, verified in the period including the reference month and the 11 (eleven) prior months, excluding duplications, and deducting:

  1. I— for States, payments delivered to the Counties by constitutional determination;

  2. II— for States, Federal District and Counties, the contribution for their employees to funding their system of social security and social assistance, and receipts stemming from financial compensation referred to in § 9° of art. 201 of the Federal Constitution.

§ 4°.  The special accounts dealt with in §§ 1° and 2° shall be administered by the local Tribunal of Justice for payment of judicial orders of payment issued by the tribunals.

§ 5°.  The resources deposited in the special accounts dealt with in §§ 1° and 2° of this article may not be returned to the debtor States, Federal District and Counties.

§ 6°.  At least 50% (fifty percent) of the resources dealt with in §§ 1° and 2° of this article shall be utilized for the payment judicial orders of payment in the chronological order of presentation, respecting the preferences defined in § 1°, for requisitions from the same year and in § 2° of art. 100, for requisitions for all years.

§ 7°.  In cases in which one cannot establish the chronological precedence between two judicial orders of payment, the judicial order of payment of lesser value shall be paid first.

§ 8°.  Application of the remaining resources shall depend upon the option exercised by Executive Act by the debtor States, Federal District and Counties, obeying the following form, which may be applied in isolation or simultaneously:

  1. I— destined for payment of judicial orders of payment by auction;

  2. II— destined for the payment on sight of judicial orders of payment that were not paid in the form of § 6° and subparagraph I, in the sole order of the increasing value of the judicial order of payment;

  3. III— destined for payment in direct agreement with the creditors in the form established by the debtor entity’s own law, which may provide for the creation and form of functioning of a chamber of conciliation.

§ 9°.  The auctions referred to in subparagraph I of § 8° of this article:

  1. I— shall be realized by means of an electronic system by an entity authorized by the Securities and Exchange Commission or by the Central Bank of Brazil;

  2. II— shall permit proof of judicial orders of payment, or part of each judicial order of payment indicated by its owner, with respect to which there is not pending in the Judiciary an appeal or challenge of any nature, permitted by initiative of the Executive for compensation of clear and certain debts, whether inscribed or not in the active debt and constituted against the original debtor by the debtor’s Public Treasury until the date of the expedition of the judicial order of payment, except for those whose execution is suspended in the terms of legislation, or which has been discounted in the terms of § 9° of art. 100 of the Federal Constitution;

  3. III— shall occur by means of a public offer to all creditors qualified by the respective debtor federative entity;

  4. IV— considered automatically qualified by the creditor who satisfies or is included in subparagraph II;

  5. V— shall be realized as many times as necessary in function of the amount available;

  6. VI— competition for the part of the total value shall occur at the criterion of the creditor, as a discount on its value;

  7. VII— the type of discount may be associated with the highest volume offered cumulatively or not with the highest percentage discount; a maximum value may be fixed by the creditor, or by other criteria to be defined in the invitation to bid;

  8. VIII— the mechanism for the formation of price shall be set out in the invitation to bid published for each auction;

  9. IX— partial payment of a judicial order of payment shall be confirmed by the respective Tribunal that issued it.

§ 10°.  In the case of the failure to liberate the resources dealt with in subparagraph II of § 1°, and §§ 2° and 6° of this article in a timely fashion:

  1. I— an amount in the accounts of the debtor States, Federal District and Counties shall be attached by order of the President of the Tribunal referred to in § 4° up to the limit of the value that was not liberated;

  2. II— alternatively, there may be constituted, by order of the President of the requested Tribunal, in favor of the creditors of the judicial orders of payment and against the owing States, Federal District and Counties, a clear and certain right, that may be applied automatically and independent of regulation, to compensate automatically clear debts levied by the latter against the former; if there is a balance in favor of the creditor, the value shall be automatically utilized to satisfy payment of taxes of the owing State, Federal District and Counties, until they are compensated;

  3. III— the head of the Executive shall respond in the form of the legislation for fiscal liability and improper administration;

  4. IV— so long as the omission continues, the debtor entity;

    1. a)  may not contract a foreign or domestic loan;

    2. b)  shall be impeded from receiving voluntary tranferences;

  5. V— the Union shall retain the amounts it is to transfer with respect to the Fund of Participation of the States and the Federal District and the Fund of Participation of the Counties, and shall deposit those amounts in special accounts referred to in § 1º; utilization shall obey what has been provided for in § 5º, both sections refer to this article.

§ 11º.  In the case of judicial orders of payment relating to several creditors suing jointly, apportioning of the amount is permitted by the Tribunal that issued the judicial order of payment and shall award the creditor the portion of the total value to which he has a right, not applying in the case the rule of § 3º of art. 100 of the Federal Constitution.

§ 12º.  If the law to which § 4º of art. 100 refers is not published within 180 (one hundred and eighty) days, counting from the date of publication of this Constitutional Amendment, for the referred to purposes, with respect to the debtor States, Federal District and Counties, the omitted regulatory value shall be considered as:

  1. I— 40 (forty) minimum wages for the States and for the Federal District;

  2. II— 30 (thirty) minimum wages for the Counties.

§ 13º.  When debtor States, Federal District and Counties are paying off judicial orders of payment under the special regime, they are immune from attachment except in the case of failure to liberate in a timely fashion the resources referred to in subparagraph II of §§ 1º and 2º of this article.

§ 14º.  The special regime for paying judicial orders of payment provided for in subparagraph I of § 1º shall be in force so long as the value of the judicial orders of payment owed is superior to the value of the resources linked under the terms of § 2º, both in this article, or for a fixed period of up to 15 (fifteen) years, in the case of the option provided for in subparagraph II of § 1º.

§ 15º.  Judicial orders of payment that are being paid in installments in the form of art. 33 or of art. 78 of this Transitional Constitutional Provisions Act and are still pending for payment shall enter the special regime with an updated value of the unpaid installments relative to each judicial order of payment, as well as the balance of the judicial and extra-judicial accords.

§ 16º.  Starting with the promulgation of this Constitutional Amendment, updating the requisitioned amounts, until the date of effective payment, regardless of their nature, shall be made by the official index for basic remuneration in savings accounts, and for the purposes of compensation for delay, shall bear simple interest at the same percentage as interest paid by savings accounts. Compensatory interest shall be excluded.

§ 17º.  The amount that exceeds the limit provided for in § 2º of art. 100 of the Federal Constitution shall be paid, during the period the special regime is in force, in the manner provided for in §§ 6º and 7º or in subparagraphs I , II and III of § 8º of this article. The amounts spent to comply with the provisions of § 2º of art. 100 of the Federal Constitution shall be computed for the effects of § 6º of this article.

§ 18º.  While the special regime to which this article refers is in force, original holders of judicial orders of payment who are older than 60 (sixty) years on the date of the promulgation of this Amendment shall also have the preference referred to in § 6º.”

Art. 3.  Implantation of the regime of payment created by art. 97 of the Transitional Constitutional Provisions Act shall occur within a period of up to 90 (ninety) days, counting from the day of the publication of this Constitutional Amendment.

Art. 4.  The federative entities shall return to observing only the provisions of art. 100 of the Federal Constitution:

  1. I— in the case of the option in the system provided for in subparagraph I of § 1º of art. 97 of the Transitional Constitutional Provisions Act, when the value of the judicial orders of payment owed is less than the resources destined for their payment;

  2. II— in the case of the option in the system provided for in subparagraph II of § 1º of art. 97 of the Transitional Constitutional Provisions Act, at the end of that period.

Art. 5.  All assignments of judicial orders of payment effectuated prior to the promulgation of this Constitutional Amendment are validated, independent of the agreement of the debtor entity.

Art. 6.  All offsets of judicial orders of payment with taxes owed up until October 31, 2009 to the debtor entity, effectuated in the form of the provision of § 2º of art. 78 of the ADCT effectuated prior to the promulgation of this Constitutional Amendment, are also validated.

Art. 7.  This Constitutional Amendment shall enter into force on the date of its publication.

Brasília, December 9, 2009

Signatures omitted

Constitutional Amendment No. 63 of February 4, 2010

Changes §5° of art. 198 of the Federal Constitution to provide for a national professional minimum salary and directives for Career Plans for community health agents and agents for endemic disease control.

The Executive Committees of the Chamber of Deputies and the Federal Senate, in accordance with art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  § 5° of art. 198 of the Federal Constitution shall be in force with the following wording:

“Art. 198. 

§ 5°.  Federal law shall provide for the legal regime, national professional minimum salary, directives for the Career Plans and regulation of the activities of community health agents and agents for endemic disease control, with the Union, in accordance with the law, rendering complementary financial assistance to the States, the Federal District, and the Counties, for performance of the referred minimum salary.”

Art. 2.  This Constitutional Amendment shall enter into force on the date of its publication.

Brasília, February 4, 2010

Signatures omitted

Constitutional Amendment No. 64 of February 4, 2010

Changes art. 6° of the Federal Constitution to introduce nutrition as a social right.

The Executive Committees of the Chamber of Deputies and the Federal Senate, in the terms of § 3° of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text.

Art. 1.  Art. 6 of the Federal Constitution shall go into effect with the following wording:

“Art. 6.  Education, health, nutrition, labor, housing, leisure, security, social security, protection of motherhood and childhood, and assistance to the destitute, are social rights, in accordance with this Constitution.”

Art. 2.  This Constitutional Amendment shall enter into force on the date of its publication.

Brasília, February 4, 2010

Signatures omitted

Constitutional Amendment No. 65 of July 13, 2010

Changes the denomination of Chapter VII of Title VIII of the Federal Constitution and modifies art. 227 to protect the interest of youth.

The Executive Committees of the Chamber of Deputies and the Federal Senate, under the terms of § 3º of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  Chapter VII of Title VIII of the Federal Constitution shall be denominated Family, Children, Adolescents, Youths, and Elderly.

Art. 2.  Art. 227 of the Federal Constitution shall go into force with the following wording:

“Art. 227.  It is the duty of the family, the society and the Government to assure children, adolescents, and youths, with absolute priority, the rights to life, health, nourishment, education, leisure, professional training, culture, dignity, respect, liberty and family and community harmony, in addition to safeguarding them against all forms of negligence, discrimination, exploitation, violence, cruelty and oppression.

§ 1°.  The Government shall promote full health assistance programs for children, adolescents, and youths, permitting participation by non-governmental entities, through specific policies and obeying the following precepts:

  1. II— creation of preventative and specialized care programs for the physically, sensorially or mentally handicapped, as well as programs of social integration for handicapped adolescents or youths, through job training and community living, and facilitation of access to public facilities and services by elimination of architectural obstacles and all forms of discrimination.

§ 3°   . …

  1. III— guarantee of access to school for the adolescent and youth worker;

  2. VII— prevention and specialized treatment programs for children, adolescents and youths addicted to narcotics and related drugs.

§ 8°.  The law shall establish:

  1. I— the statute of youth, designed to regulate the rights of youths;

  2. II— the national youth plan for a ten-year period, seeking the articulation of various spheres of governmental power for the execution of public policies.”

Art. 3.  This Constitutional Amendment shall enter into force on the date of its publication.

Brasília, July 13, 2010

Signatures omitted

Constitutional Amendment No. 66 of July 13, 2010

Rewords § 6 of art. 226 of the Federal Constitution, which deals with the dissolution of civil marriage by divorce, eliminating the requirement of previous judicial separation for more than (1) one year or a proven de facto separation of more than (2) two years.

The Executive Committees of the Chamber of Deputies and the Federal Senate, in the terms of § 3º of art. 60 of the Federal Constitution promulgates the following Amendment to the constitution text:

Art. 1.  § 6° of art. 226 of the Federal Constitution shall go into force with the following wording:

“Art. 226. 

§ 6°.  A civil marriage may be dissolved by divorce.”

Art. 2.  This Constitutional Amendment shall enter into force on the date of its publication.

Brasília, July 13, 2010.

Signatures omitted

Constitutional Amendment No. 67 of December 22, 2010

Extends indefinitely the period during which the Fund for the Combat and Eradication of Poverty is in force.

The Executive Committees of the Chamber of Deputies and the Federal Senate, in the terms of § 3º of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  The life of the Fund for the Combat and Eradication of Poverty, referred to in the initial paragraph of art. 79 of the Transitional Constitutional Provisions Act, is extended indefinitely, as is the life of Complementary Law No. 111 of July 2, 2001, which “Provides for the Fund for the Combat and Eradication of Poverty, in the form set out in arts. 79, 80 and 81 of the Transitional Constitutional Provisions Act.”

Art. 2.  This Constitutional Amendment shall enter into force on the date of its publication.

Brasília, December 22, 2010.

Signatures omitted.

Constitutional Amendment No. 68 of December 21, 2011

Modifies art. 76 of the Transitional Constitutional Provisions Act.

The Executive Committees of the Chamber of Deputies and the Federal Senate, in the terms of § 3º of art. 60 of the Constitution promulgate the following Amendment to the constitutional text:

Art. 1.  Art. 76 of the Transitional Constitutional Provisions Act shall be hereafter in force with the following wording:

“Art. 76.  20% (twenty percent) of the Union’s collection of taxes, social assessments and assessment for intervention in the economic domain, already instituted or that are created by the referred to date, as well as their surcharges and respective legal increments, are unlinked from the agency, fund or expense until December 31, 2015.

§1°.  The provision in this article’s initial paragraph shall not reduce the basis for calculating transferences to the States, Federal District, and Counties, as provided for in arts. 153 § 5°; art. 157, I; 158, I and II; and 159, I, a, b and d, and II, nor the basis for calculating the applications referred to in art. 159, I, c of the Constitution.

§2°.  Collection of the educational salary assessment referred to in art. 212, § 5° of the Constitution, shall be excepted from the unlinking referred to in the initial paragraph of this article.

§3°.  For the purpose of calculation of the resources for maintenance and development of teaching dealt with in art. 212 of the Constitution, the percentage referred to in the initial paragraph of this article shall be zero.”

Art. 2.  This Constitutional Amendment shall enter into force on the date of its publication.

Brasília, December 21, 2011

Signatures Omitted

Constitutional Amendment No. 69 of March 29, 2012

Alters arts. 21, 22 and 48 of the Federal Constitution, to transfer from the Union to the Federal District the powers to organize and maintain the Public Defender’s office in the Federal District.

The Executive Committees of the Chamber of Deputies and the Federal Senate, in the terms of § 3° of art. 60 of the Federal Constitution promulgate the following Amendment to the constitutional text:

Art. 1.  Arts. 21, 22 and 48 of the Federal Constitution shall be enforced with the following wording:

“Art. 21. 

  1. XIII— organize and maintain the Judiciary, Public Ministry of the Federal District and the Territories and the Public Defender’s Office of the Territories;

Art. 22. 

  1. XVII— jorganization of the Judiciary and the Public Ministry of the Federal District and of the Territories, and the Public Defender’s Office of the Territories, as well as their administrative organization;

Art. 48. 

  1. IX— administrative and judicial organization of the Public Ministry and the Public Defender’s Office of the Union and of the Territories, and the organization of the Judiciary and the Public Ministry of the Federal District;”

Art. 2.  Without prejudice to the precepts set out in the Organic Law of the Federal District, the same principles and rules apply to the Public Defender’s Office of the Federal District that, under the terms of the Federal Constitution, govern the Public Defender’s Offices of the States.

Art. 3.  The National Congress and the Legislative Chamber of the Federal District, immediately after the promulgation of this Constitutional Amendment and in accordance with their jurisdictional powers, shall set up special commissions to prepare, within sixty days, drafts of the laws needed for adequate infra-constitutional legislation for the subjects dealt with herein.

Art. 4.  This Constitutional Amendment shall enter into force on the day of its publication, producing effects with respect to the provisions of art. 1 after 120 (one hundred and twenty) days from its official publication.

Brasília, March 29, 2012

Signatures omitted

Constitutional Amendment No. 70 of March 29, 2012

Adds art. 6-A to Constitutional Amendment No. 41 of 2003, to establish criteria for the calculation and correction of disability retirement benefits for civil servants who entered public service prior to the date of publication of that Constitutional Amendment.

The Executive Committees of the Chamber of Deputies and of the Federal Senate, in the terms of § 3° of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  Constitutional Amendment No. 41 of December 19, 2003, shall enter into force increased by the following art. 6-A:

“Art. 6-A. 

An employee of the Union, States, Federal District and Counties, including their autarchies and foundations, who entered public service prior to the date of the publication of this Constitutional Amendment and who has retired or comes to retire for permanent disability, based upon sub-paragraph I of § 1° of art. 40 of the Federal Constitution, has the right to retirement benefits calculated on the basis of the remuneration for the effective position from which he retired, in accordance with the law, with the provisions contained in §§ 3°, 8° and 17° of art. 40 of the Federal Constitution not being applicable.

Sole paragraph.  The provisions of art. 7 of this Constitutional Amendment shall apply to the value of the retirement benefits conceded on the basis of the initial paragraph, observing the same criteria for revision of pensions derived from the benefits for these employees.”

Art. 2.  The Union, States, Federal District and Counties, as well as their respective autarchies and foundations, within a period of 180 (one hundred and eighty) days from the entry into force of this Constitutional Amendment, shall revise their retirements and the pensions stemming from them, conceded since January 1, 2004, on the basis of the wording given to § 1° of art. 40 of the Federal Constitution by Constitutional Amendment No. 20 of December 15, 1998, with financial effects starting from the date of the promulgation of this Constitutional Amendment.

Art. 3.  This Constitutional Amendment shall enter into force on the date of its publication.

Brasília, March 29, 2012.

Signatures omitted.

Constitutional Amendment No. 71 of November 29, 2012

Adds art. 216-A to the Federal Constitution to institute the National System of Culture.

The Executive Committees of the Chamber of Deputies and of the Federal Senate, in the terms of § 3° of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  The Federal Constitution shall enter into force increased by the following art. 216-A:

“Art. 216-A.  The National System of Culture, organized as a collaborative regime, in a decentralized and participative form, institutes a process of joint development and promotion of public policies of culture. These democratic and permanent policies, agreed to among the entities of the Federation and society, have the objective of promoting human, social and economic development with full exercise of cultural rights.

§ 1º.  The National System of Culture is based upon a national policy of culture and its directives, set out in the National Plan of Culture, and shall be governed by the following principles:

  1. I— diversity of cultural expressions;

  2. II— universality of access to cultural goods and services;

  3. III— encouragement of the production, diffusion and circulation of cultural knowledge and goods;

  4. IV— cooperation between the federated entities and the public and private actors operating in the cultural area;

  5. V— integration and interaction in the execution of developed policies, programs, projects and actions;

  6. VI— complementation of the roles of cultural actors;

  7. VII— transversality in cultural policies;

  8. VIII— autonomy of federated entities and the institutions of civil society;

  9. IX— transparency and sharing of information;

  10. X— democratization of the decision-making process with social participation and control;

  11. XI— articulated and agreed to decentralization in administration, resources, and actions;

  12. XII— progressive increasing of the resources contained in public budgets for culture.

§ 2º.  The structure of the National System of Culture, in the respective spheres of the Federation, consists of:

  1. I— administrative organs of culture;

  2. II— councils of cultural policy;

  3. III— cultural conferences;

  4. IV— inter-administrative committees;

  5. V— cultural plans;

  6. VI— cultural financial systems;

  7. VII— systems of cultural information and culture indicators;

  8. VIII— formative programs in the cultural area;

  9. IX— cultural sectorial systems.

§ 3º.  Federal law shall provide for the regulations for the National System of Culture, as well as for its articulation with respect to the other national systems or sectorial policies of the government.

§ 4º.  The States, the Federal District, and the Counties shall organize their respective systems of culture in their own laws.”

Art. 2.  This Constitutional Amendment shall enter into force on the date of its publication.

Brasília, November 29, 2012.

Signatures omitted.

Constitutional Amendment No. 72 of April 2, 2013

Changes the wording of the sole paragraph of art. 7 of the Federal Constitution to establish equality among the labor rights of domestic workers and other urban and rural workers.

The Executive Committees of the Chamber of Deputies and of the Federal Senate, in the terms of § 3° of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Sole Article.  The sole paragraph of art. 7º of the Federal Constitution shall enter into force with the following wording:

“Art. 7. 

Sole paragraph.  The category of domestic workers is assured the rights set out in subparagraphs IV, VI,VII, VIII, X, XIII, XV, XVI, XVII, XVIII, XIX, XXI, XXII, XXIV, XXVI, XXX, XXXI and XXXIII, and taking into consideration the conditions established in law and observing the simplification of the performance of the principal and accessory tax obligations, the provisions in the subparagraphs I, II, III, IX, XII, XXV and XXVIII, as well as integration into the social security system.”

Brasília, April 2, 2013

Signatures Omitted

Constitutional Amendment No. 73 of June 6, 2013

Creates Federal Regional Tribunals for the 6th, 7th, 8th and 9th Regions.

The Executive Committees of the Chamber of Deputies and of the Federal Senate, in the terms of § 3° of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  Article 27 of The Transitional Constitutional Provisions Act shall be in force with the addition of the following § 11°:

“§ 11°.  The following Federal Regional Tribunals are now created: the 6th Region, with its seat in Curitiba, State of Paraná, with jurisdiction in the States of Paraná, Santa Catarina, and Mato Grosso do Sul; the 7th Region, with its seat in Belo Horizonte, State of Minas Gerais, with jurisdiction in the State of Minas Gerais; the 8th Region, with its seat in Salvador, State of Bahia, with jurisdiction in the States of Bahia and Sergipe; and the 9th Region, with its seat in Manaus, State of Amazonas, with jurisdiction in the States of Amazonas, Acre, Rodônia, and Roraima.”

Art. 2.  The Federal Regional Tribunals of the 6th, 7th, 8th, and 9th Regions shall be installed within a period of 6 (six) month, counting from the publication of this Constitutional Amendment.

Art. 3.  This Constitutional Amendment shall enter into force on the date of its publication.

Brasília, June 6, 2013.

Signatures Omitted

Constitutional Amendment No. 74 of August 6, 2013

Changes art. 134 of the Federal Constitution.

The Executive Committees of the Chamber of Deputies and of the Federal Senate, in the terms of § 3° of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  Art. 134 of the Federal Constitution shall be in force with the addition of the following § 3º:

“Art. 134. 

§ 3º.  The provisions of § 2º apply to the Public Defenders of the Union and the Federal District.”

Art. 2.  This Constitutional Amendment shall enter into force on the date of its publication.

Brasília, August 6, 2013.

Signatures Omitted

Constitutional Amendment No. 75 of October 15, 2013

Adds line e to sub-paragraph VI of art. 150 of the Federal Constitution, instituting tax immunity for musical phonograms and video phonograms produced in Brazil containing musical works or literary-musical works by Brazilian authors and/or general works interpreted by Brazilian artists, as well as supporting material or digital archives which contain them.

The Executive Committees of the Chamber of Deputies and the Federal Senate, under the terms of § 3º of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  Subparagraph VI of art. 150 of the Federal Constitution shall be hereafter in force with the following line e added:

“Art. 150.  ….

  1. VI— 

    1. e)  musical phonograms and video phonograms produced in Brazil containing musical or literary musical works by Brazilian authors and/or general works interpreted by Brazilian artists, as well as supporting materials or digital archives which contain them, except in the phase of industrial replication of optical media for leisure reading.”

Art. 2.  This Constitutional Amendment shall enter into force on the date of its publication.

Brasília, October 15, 2013.

Signatures omitted

Constitutional Amendment No. 76 of November 28, 2013

Modifies §2 of art. 55 and §4 of art. 66 of the Federal Constitution to abolish secret voting in cases of loss of mandate by a Deputy or Senator and in considering a veto.

The Executive Committees of the Chamber of Deputies and the Federal Senate, as provided for in § 3° of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  Articles 55 and 66 of the Federal Constitution shall be in force with the following changes:

“Art. 55. 

§ 2.  In the cases of sub-paragraphs I, II and VI, loss of mandate shall be decided by the Chamber of Deputies or the Federal Senate, by absolute majority, on the initiative of the respective Executive Committee or political party represented in the National Congress, assuring a full defense.

Art. 66. 

§ 4.  A veto shall be considered in a joint session within thirty days of receipt thereof and may only be rejected by an absolute majority vote of the Deputies and Senators.”

Art. 2.  This Constitutional Amendment shall enter into force on the day of its publication.

Brasília, November 28, 2013.

Signatures omitted

Constitutional Amendment No. 77 of February 11, 2014

Modifies sub-paragraphs II, III and VIII of § 3º of art. 142 of the Federal Constitution to extend to health professionals of the Armed Forces the possibility of accumulation of positions referred to in art. 37, subparagraph XVI, line “c”

The Executive Committees of the Chamber of Deputies and the Federal Senate, in the terms of § 3º of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Sole Article.  Subparagraphs II, III and VIII of §3º of art. 142 of the Federal Constitution shall be in force with the following modification:

“Art. 142. 

§3º   . …

  1. II— a member of the military in active service who accepts a permanent civil service position or employment, with the exception of the possibility provided for in art. 37, subparagraph XVI, line “c”, shall be transferred to the reserves, as provided by law;

  2. III— a member of the military in active service who, as provided by law, assumes a temporary non-elective public office, employment or position, even in the indirect administration, except for the possibility provided for in art. 37, subparagraph XVI, line “c”, shall remain part of his respective staff. So long as he remains in this situation, he may be promoted only through seniority, and his period of service shall be counted only for that promotion and transfer to the reserves. After two years away from active service, whether continuous or not, he shall be transferred to the reserves, as provided by law;

  3. VIII— the provisions of art. 7, subparagraphs VIII, XII, XVII, XVIII, XIX and XXV, and of art. 37, subparagraphs XI, XIII, XIV and XV, apply to military servicemen, as provided by law, and with prevalence of military activity under art. 37, subparagraph XVI, line “c”;”

Brasília, February 11, 2014.

Signatures omitted

Constitutional Amendment No. 78 of May 14, 2014

Adds Art. 54-A to the Transitional Constitutional Provisions Act to provide for compensation owed to rubber-tappers provided for in Art. 54 of this Act.

The Executive Committees of the Chamber of Deputies and the Federal Senate, in accordance with §3° of Art.60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  The Transitional Constitutional Provisions Act shall be in force with the addition of the following Art. 54-A:

“Art. 54-A.  The rubber-tappers provided for in Art. 54 of the Transitional Constitutional Provisions Act shall receive a lump-sum indemnification in the amount of R$25,000.00 (twenty-five thousand reais).”

Art. 2.  The indemnification provided for in Art. 54-A of the Transitional Constitutional Provisions Act extends only to dependents of rubber-tappers who, on the date of entry into force of this Constitutional Amendment, have the status of dependents in the form of §2° of Art. 54 of the Transitional Constitutional Provisions Act, and the R$25,000.00 (twenty-five thousand reais) amount shall be divided among the pensioners in proportion to their prorated share of the pension.

Art. 3.  This Constitutional Amendment shall enter into force in the financial year following its publication.

Brasília, May 14, 2014.

Signatures Omitted.

Constitutional Amendment No. 79 of May 27, 2014

Changes art. 31 of Constitutional Amendment No.19 of June 4, 1998, to provide for the inclusion, within the group extinguished from the Federal Administration, civil servants and military police admitted by the States of Amapá and Roraima, in the installation phase of these federated entities, and takes other measures.

The Executive Committees of the Chamber of Deputies and the Federal Senate, under the terms of §3° of Article 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  Article 31 of Constitutional Amendment No.19 of June 4, 1998, shall be in force with the following wording:

“Art. 31.  Federal civil servants of direct and indirect administration, civil servants of the Counties, and members of the career military police in the former Federal territories of Amapá and Roraima, who are duly found to be regularly performing their functions, rendering such services in the former Territories on the date on which they were transformed into States; civil servants and military police that had been admitted regularly by the governments of the States of Amapá and of Roraima in the period during the transformation and the effective installation of these States in October of 1993, as well as the civil servants of these States with a functional link already recognized by the Union, upon exercising the option, shall constitute a classification in dissolution in the Federal Administration.

§1°.  The classification referred to in the initial paragraph for civil servants or military police regularly admitted between the transformation and installation of the States in October 1993 shall be at the position in which they were originally admitted or in an equivalent position.

§2°.  Members of the career military police referred to in the initial paragraph shall continue to render services to their respective States, as detailed personnel, being submitted to the regulatory provisions to which their corporate entities of respective Military Police are subject, observing the powers of positions compatible with their hierarchical levels and the right to owed promotions.

§3°.  The civil servants referred to in the initial paragraph shall continue to render services to their respective States and Counties, as detailed personnel, until their utilization by an organ or entity of the direct federal administration, federal autarchy, or federal foundation.”

Art. 2.  For purposes of the classification provided for in the initial paragraph of art. 31 of Constitutional Amendment No. 19 of June 4, 1998, and the initial paragraph of art. 89 of the Transitional Constitutional Provisions Act, a functional link with the Union is recognized for civil servants regularly admitted to the ranks of the Counties that made up the ex-Territories of Amapá, Roraima and Rondônia who were actually performing their duties on the date of the transformation of these ex-Territories into States.

Art. 3.  The civil servants of the ex-Territories of Amapá, Roraima and Rondônia who are incorporated into the group whose tie to the Union has been extinguished shall be classified in positions with equivalent or similar powers, making up plans for positions and careers of the Union, at the level of already reached, being assured of the rights, advantages, and remuneration levels inherent to them.

Art. 4.  It is the duty of the Union, in a maximum period of 180 (one hundred-eighty) days, counting from the date of the publication of this Constitutional Amendment, to regulate the classification of civil servants established in art. 31 of Constitutional Amendment No. 19 of June 4, 1998 and in art. 89 of the Transitional Constitutional Provisions Act.

Sole Paragraph.  If the Union does not regulate the classification provided for in the initial paragraph, a person exercising the option has the right to retroactive payment of the differences in remuneration from the date of the closing of the period for regulation referred to in this article.

Art. 5.  The option for incorporation in the classification in dissolution with the Union, in accordance with the provisions of art. 31 of Constitutional Amendment No. 19 of June 4, 1998 and art. 89 of the Transitional Constitutional Provisions Act, must be formalized by the interested civil servants and military police before the administration within a maximum period of 180 (one hundred-eight) days, counting from the issuance of the regulation provided for in art. 4.

Art. 6.  Civil servants regularly admitted who prove that they were exercising police functions in the Secretaries of Public Security in the ex-Territories of Amapá, Roraima and Rondônia on the date that they were transformed into States, shall be classified in the group of Civil Police of the ex-Territories within a period of 180 (one hundred-eighty) days, assuring the rights, advantages, and remunerative standards inherent to them.

Art. 7.  Those civil servants regularly admitted by the Union to the Careers of Group Taxation, Collection and Supervision provided for in Law No. 6.550 of July 5, 1978, detailed as personnel to the States of Amapá, Roraima and Rondônia, are assured the same remunerative rights as those afforded to persons who make up the corresponding Careers of the Group of Taxation, Collection and Supervision of the Union provided for in Law No. 5.645 of December 10, 1970.

Art. 8.  The revenues from the retirements, pensions, and remunerated reforms and reserves, originated in the period from October 1988 to October 1993, shall pass to the Union’s maintenance starting on the publication of this Constitutional Amendment, forbidding the payment, by whatever instrument, of amounts referring to periods prior to publication.

Art. 9.  Payment, by whatever instrument, is prohibited of remuneration, revenue, pensions or indemnification referring to periods prior to the date of classification, because of the modifications produced by this Amendment, except for the provisions of the sole paragraph of art. 4.

Art. 10.  This Amendment shall enter into force on the date of its publication.

Brasília, May 27, 2014

Signatures omitted

Constitutional Amendment No. 80 of June 4, 2014

Changes Chapter IV-The Essential Functions of Justice, of Title IV—The Organization of Powers, and adds an article to the Transitional Constitutional Provisions Act

The Executive Committees of the Chamber of Deputies and the Federal Senate, under the terms of §3° of Article 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  Chapter IV-The Essential Functions of Justice, of Title IV-The Organization of Branches, shall be in force with the following changes:

“TITLE IV

ORGANIZATION OF BRANCHES

CHAPTER IV

THE ESSENTIAL FUNCTIONS OF JUSTICE

Section III

Advocacy

Section IV

The Public Defender’s Office

Art. 134.  The Public Defender’s Office is a permanent institution, essential to the State’s jurisdiction function, and it shall be fundamentally responsible, as an expression and instrument of the democratic regime, for legal orientation, the promotion of human rights, and the integral and gratuitous defense, at all levels, judicial and extrajudicial, of individual and collective rights of the needy, as set out in art. 5, LXXXIV.

§ 4°.  The institutional principles of the Public Defender’s Office are functional unity, indivisibility, and independence, applying also, when they fit, the provisions of art. 93 and subparagraph II of art. 96 of this Federal Constitution.”

Art. 2.  The Transitional Constitutional Provisions Act shall be in force with the addition of the following Art. 98:

“Art. 98.  The number of public defenders in the jurisdictional unit shall be proportional to the effective demand for the services of the Public Defender’s Office and the respective population.

§ 1°.  Within a period of 8 (eight) years, the Union, the States, and the Federal District shall have public defenders in all jurisdictional units, observing the provisions of the initial paragraph of this article.

§ 2°.  During the course of the period provided for in § 1° of this article, the assignment of public defenders shall prioritize the needs of regions with the highest indices of social exclusion and population density.”

Art. 3.  This Amendment shall enter into force on the date of its publication.

Brasília, June 4, 2014.

Signatures omitted

Constitutional Amendment No. 81 of June 5, 2014

Rewords art. 243 of the Federal Constitution

The Executive Committees of the Chamber of Deputies and the Federal Senate, under the terms of §3° of Article 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  Art. 243 of the Federal Constitution shall be in force with the following wording:

“Art. 243.  Rural and urban properties in any region of Brazil on which illegal cultivation of psychotropic plants or the exploitation of slave labor, as provided by law, are found shall be expropriated and destined for agrarian reform and programs of popular housing, without any compensation to the owner and without prejudice to other sanctions provided by law, observing, to the extent applicable, the provisions of art. 5.

Sole Paragraph.  Any and all goods of economic value seized as a result of traffic in narcotics and similar drugs and the exploitation of slave labor shall be confiscated and shall revert to a special fund with a specific destination, as provided by law.”

Art. 2.  This Amendment shall enter into force on the date of its publication.

Brasília, June 5, 2014.

Signatures omitted

Constitutional Amendment No. 82 of July 16, 2014

Includes § 10 in art. 144 of the Federal Constitution to discipline road security in the ambit of the States, Federal District, and Counties.

The Executive Committees of the Chamber of Deputies and the Federal Senate, under the terms of §3° of Article 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  Art. 144 of the Federal Constitution shall be in force adding the following § 10°:

“Art. 144. 

§ 10°.  Road security, exercised for the preservation of public order and the safety of persons and their patrimony on public roads:

  1. I— includes the instruction, engineering, and supervision of transit, along with other activities provided for by law, that assure to the citizen the right to efficient urban mobility; and

  2. II— in the ambit of the States, the Federal District, and the Counties, it is the responsibility of the respective organs or executive entities and their transit agents, structured in a Career, as provided by law.”

Art. 2.  This Amendment shall enter into force on the date of its publication.

Brasília, July 16, 2014.

Signatures omitted

Constitutional Amendment No. 83 of August 5, 2014

Adds art. 92-A to the Transitional Constitutional Provisions Act-ADCT

The Executive Committees of the Chamber of Deputies and the Federal Senate, in accordance with §3° of Art.60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  The Transitional Constitutional Provisions Act shall be in force with the addition of the following Art. 92-A:

“Art. 92-A.  The period fixed by art. 92 of the Transitional Constitutional Provisions Act is increased by 50 (fifty) years.”

Art. 2.  This Amendment shall enter into force on the date of its publication.

Brasília, August 5, 2014.

Signatures omitted

Constitutional Amendment No. 84 of December 2, 2014

Changes art. 159 of the Federal Constitution to increase delivery of resources by the Union to the Revenue Sharing Fund of the Counties

The Executive Committees of the Chamber of Deputies and the Federal Senate, in accordance with §3° of Art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  Art. 159 of the Federal Constitution shall be in force with the following wording:

“Art. 159. 

  1. I— 49% (forty-nine percent) of the proceeds from the collection of taxes on income and earnings of any nature and on industrialized products, in the following manner: …

    1. (e)  1% (one per cent) to the Revenue Sharing Fund of the Counties, which shall be delivered during the first 10 days of the month of July of each year.

…”

Art. 2.  For the purposes of the provision of subpart “e” of subparagraph I of the initial paragraph of art. 159 of the Federal Constitution, the Union shall deliver to the Revenue Sharing Fund of the Counties 0.5% (five-tenths of one percent) of the amount it collects from the taxes upon income and earnings of any nature and on industrialized products in the first fiscal year in which this Constitutional Amendment generates financial effects, adding 0.5% (five tenths of one percent) to each fiscal year until it reaches 1% (one percent).

Art. 3.  This Constitutional Amendment shall enter into force on the date of its publication, with its financial effects starting on January 1 of the subsequent fiscal year.

Brasília, December 2, 2014

Signatures omitted

Constitutional Amendment No. 85 of February 26, 2015

Changes and adds provisions to the Federal Constitution to update treatment of the activities of science, technology, and innovation.

The Executive Committees of the Chamber of Deputies and the Federal Senate, in accordance with §3° of Art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  The Federal Constitution shall be in force with the following changes:

“Art. 23. 

  1. V— to furnish means of access to culture, education, science, technology, research, and innovation;”

“Art. 24. 

  1. IX— education, culture, teaching, sports, science, technology, research, development, and innovation;”

“Art. 167. 

§ 5°.  Reclassification, reallocation, or transference of resources from one programming category to another shall be permissible in the area of activities of science, technology, and innovation, for the purpose of making viable the results of projects restricted to these functions, via an Executive act, without need for the prior legislative authorization provided for in subparagraph VI of this article.”

“Art. 200. 

  1. V— increase scientific, technological, and innovative development within its sphere of action;”

“Art. 213. 

§ 2°.  Activities of research, extension, and stimulation and promotion of innovation performed by universities and/or institutions of professional or technological education may receive financial support from the Government.”

CHAPTER IV

SCIENCE, TECHNOLGY, AND INNOVATION

“Art. 218.  The State shall promote and give incentives to scientific development, research, scientific and technological training, and innovation.

§ 1°.  Basic scientific research and technology shall receive priority treatment from the State, taking into account public well-being and progress in science, technology, and innovation.

§ 3°.  The State shall support human resources training in the areas of science, research, technology, and innovation, including by means of support for technological extension activities, and shall offer those engaged in such activities special means and conditions of work.

§ 6°.  In the execution of the activities provided for in the initial paragraph of this article, the State shall stimulate articulation among entities, as much public as private, in the diverse spheres of government.

§ 7°.  The State shall promote and give incentives for performance abroad by public institutions of science, technology, and innovation, with a view towards execution of the activities provided for in the initial paragraph of this article.”

Art. 2.  Chapter IV of Title VIII of the Federal Constitution shall be in force with the addition of the following arts. 219-A and 219-B:

“Art. 219-A.  The Union, States, Federal District and Counties shall be able to sign instruments of cooperation with public agencies and entities and with private entities, including for sharing of specialized human resources and installed capacity, for the execution of projects of research, scientific and technological development, and innovation, through counterpart financing and financing not assumed by the beneficiary entity, in the terms of the law.”

“Art. 219-B.  The National System of Science, Technology, and Innovation (SNCTI) shall be organized under a regime of collaboration among entities, as much public as private, with a view towards promotion of scientific and technological development and innovation.

§ 1°  Federal law shall provide for the general rules of SNCTI.

§ 2°  The States, Federal District, and Counties shall legislate concurrently as to its peculiarities.”

Art. 3.  This Constitutional Amendment shall enter into force on the date of its publication.

Brasília, February 26, 2015.

Signatures Omitted

Constitutional Amendment No. 86 of March 17, 2015

Changes arts. 165, 166, and 198 of the Federal Constitution to make obligatory execution of the specified budgetary programming.

The Executive Committees of the Chamber of Deputies and the Federal Senate, in accordance with §3° of Art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  Articles 165, 166, and 198 of the Federal Constitution shall be in force with the following changes:

“Art. 165. 

§ 9°.   . …

  1. III— provide criteria for the equitable execution, as well as the procedures, that shall be adopted when there are legal and technical impediments, completion of what remains to be paid and limitations on mandatory programming, for realization of the provision in § 11° of art. 166.”

“Art. 166. 

§ 9°.  Individual amendments to the draft of the budget law shall be approved with a limit of 1.2% (one and two-tenths percent) of the current net receipts projected in the draft sent by the Executive, but half of this percentage limit shall be destined for public health actions and services.

§ 10°.  Execution of the amount destined for public health actions and services provided for in § 9°, including costs, shall be computed for the purpose of performance of subparagraph I of § 2° of art. 198, prohibiting use for payment of personnel or social charges.

§ 11°.  Execution of the budgetary and financial programming referred to in § 9° of this article is mandatory, in an amount corresponding to 1.2% (one and two-tenths percent) of the net current receipts collected in the prior period, in accordance with the criteria for equitable execution of programming defined in the complementary law provided for in § 9° of art. 165.

§ 12°.  Execution of the budgetary programming provided for in § 9° of this article shall not be mandatory in cases of impediments of technical order.

§ 13°.  When the Union’s mandatory transference for execution of the programming provided for in § 11 of this article is destined for the States, Federal District, and Counties, such transference shall be independent of performance by the receiving federative entity and shall not be part of the basis for calculation of net current receipts for application of the limits on personnel expenses dealt with in the initial paragraph of art. 169.

§ 14°.  In case of a technical impediment to the allotment of expense that makes up the programming, in the form of § 11 of this article, the following measures shall be adopted:

  1. I— within 120 (one hundred-twenty days) after publication of the budget law, the Executive, Legislature, Judiciary, Public Ministry and the Public Defender shall send to the Legislature justifications for the impediment;

  2. II— within 30 (thirty) days after termination of the period provided for in subparagraph I, the Legislature shall indicate to the Executive the re-management of the programming whose impediment cannot be overcome;

  3. III— by the 30th of September or within 30 (thirty) days after termination of the period provided for in subparagraph III, the Executive shall send a draft of a law on re-handling the programming whose impediment cannot be overcome;

  4. IV— if, by the 20th of November or within 30 (thirty) days after the end of the period provided for in subparagraph III, the National Congress does not consider the draft law, the re-handling shall be implemented by Executive act, in accordance with the terms provided for in the budgetary law.

§ 15°.  After the period provided in subparagraph IV of §14, execution of the budgetary programming provided in §11 shall not be mandatory in cases of impediments justified in the notification provided for in subparagraph I of §14.

§ 16°.  What remains to be paid shall be considered for purposes of performance of financial execution provided for in §11, up to a limit of 0.6% (six-tenths of one percent) of the current net receipts realized in the prior fiscal period.

§17°.  If verified that re-estimate of receipts and expenses may result in non-compliance with the fiscal target established in the law of budgetary directives, the amount provided for in §11 of this article may be reduced up to the same proportion of the limitation on the total of discretionary expenditures.

§18°.  Execution of mandatory programming shall be considered equitable if it deals with the amendments presented in an egalitarian and impersonal manner, regardless of authorship.”

“Art. 198. 

§ 2°. 

  1. I— in the case of the Union, the net current receipts from the respective fiscal period may not be less than 15% (fifteen percent).

§ 3°   . …

  1. I— the percentages dealt with in subparagraphs II and III of § 2°; …

  2. IV— (repealed).”

Art. 2.  [Repealed].17

Art. 3  The expenses from public health actions and services financed with the contribution from the Union stemming from participation in the financial results or compensation from exploitation of petroleum and natural gas, as provided for in § 1° of art. 20 of the Federal Constitution, shall be computed for the purpose of compliance with the provision of subparagraph I of § 2° of art. 198 of the Federal Constitution.

Art. 4.  This Constitutional Amendment shall enter into force on the date of its publication and shall produce effects starting from the budgetary execution for fiscal year 2014.

Art. 5  Subparagraph IV of § 3° of art. 198 of the Federal Constitution is repealed.

Brasília, March 17, 2015.

Signatures omitted

Constitutional Amendment No. 87 of April 16, 2015

Changes § 2° of art. 155 of the Federal Constitution and includes art. 99 in the Transitional Constitutional Provisions Act to deal with the systematic collection of the tax on transactions relating to circulation of goods and performance of services interstate and inter-county transportation and communications incident to transactions and performances that send goods and services to the final consumer located in another State, regardless of whether such consumer pays such tax.

The Executive Committees of the Chamber of Deputies and the Federal Senate, in accordance with §3° of Art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  Subparagraphs VII and VIII of § 2° of art. 155 of the Federal Constitution shall be in force with the following changes:

“Art. 155. 

§ 2°   ….

  1. VII— For transactions and installments that send goods and services to a final consumer located in another State, whether or not such consumer is the taxpayer, the interstate rate is adopted, and it shall be up to the State where the recipient is located to collect the difference between the State’s internal rate and the interstate rate;

    1. a)  Repealed;

    2. b)  Repealed;

  2. VIII— Liability for collection of the tax corresponding to the difference between the internal rate and the interstate rate dealt with in subparagraph VI shall be attributed to:

    1. a)  to the recipient when he or she is the taxpayer;

    2. b)  to the sender when the recipient is not the taxpayer; …”

Art. 2.  The Transitional Constitutional Provisions Act shall be in force with the addition of the following art. 99:

“Art. 99.  For the purposes of the provision in subparagraph VII of § 2° of art. 155, in the case of transactions and performances that send goods and services to a non-taxpayer final consumer located in another State, the tax corresponding to the difference between the internal rate and the interstate rate shall be split between the States of origin and destination, in the following proportion:

  1. I— for the year 2015: 20% (twenty percent) for the destination State and 80% (eighty percent) for the originating State;

  2. II— for the year 2016: 40% (twenty percent) for the destination State and 60% (eighty percent) for the originating State;

  3. III— for the year 2017: 60% (twenty percent) for the destination State and 40% (forty percent) for the originating State;

  4. IV— for the year 2018: 80% (eighty percent) for the destination State and 20% (twenty percent) for the originating State;

  5. V— starting in the year 2019: 100% (one hundred percent) for the destination State.”

Art. 3.  This Amendment shall enter into force on the date of its publication, producing effects in the following year and after 90 (ninety) days therefrom.

Brasília, April 16, 2015.

Signatures omitted

Constitutional Amendment No. 88 of May 7, 2015

Changes art. 40 of the Federal Constitution with respect to the age limit for compulsory retirement for civil servants in general and adds a provision to the Transitional Constitutional Provisions Act.

The Executive Committees of the Chamber of Deputies and the Federal Senate, in accordance with §3° of Art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  Article 40 of the Federal Constitution shall be in force with the following change:

“Art. 40. 

§ 1°   . …

  1. II— compulsorily, with pensions proportional to the period of contribution, at 70 (seventy) years of age, or at 75 (seventy-five) years of age, in accordance with a complementary law.”

Art. 2.  The Transitional Constitutional Provisions Act shall be in force with the addition of the following art. 100:

“Art. 100.  Until the entry into force of the complementary law dealt with in subparagraph II of § 1°of art. 40 of the Federal Constitution, the Ministers of the Supreme Federal Tribunal, of the Superior Tribunals and the Tribunal of Accounts of the Union shall compulsorily retire at age 75 (seventy-five) years of age, in the conditions of art. 52 of the Federal Constitution.”

Art. 3.  This Constitutional Amendment shall enter into force on the date of its publication.

Brasília, May 7, 2015.

Signatures omitted

Constitutional Amendment No. 89 of September 15, 2015

Rewords art. 42 of the Transitional Constitutional Provisions Act increasing the period for which the Union must send to the Central-Western and Northeast Regions minimum percentages of the resources destined for irrigation.

The Executive Committees of the Chamber of Deputies and the Federal Senate, in accordance with §3° of Art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  Article 42 of the Transitional Constitutional Provisions Act shall be in force with the following wording:

“Art. 42.  For 40 (forty) years, the Union shall allocate from the funds destined for irrigation:

  1. I— 20% (twenty percent) to the Central-Western Region;

  2. II— 50% (fifty percent) to the Northeastern Region, preferentially in the semi-arid region.

Sole Paragraph.  From the percentages provided for in sub-paragraphs I and II of the initial paragraph, a minimum of 50% (fifty percent) shall be destined for irrigation projects that benefit family farms that meet the requirements provided for in specific legislation.”

Art. 2.  This Constitutional Amendment shall enter into force on the date of its publication.

Brasília, September 15, 2015.

Signatures omitted

Constitutional Amendment No. 90 of September 15, 2015

Gives a new wording to art. 6 of the Federal Constitution to introduce transport as a social right.

The Executive Committees of the Chamber of Deputies and the Federal Senate, in accordance with §3° of Art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  Article 6 of the Federal Constitution shall be in force with the following wording:

“Art. 6.  Education, health, nutrition, labor, housing, transport, leisure, security, social security, protection of motherhood and childhood and assistance to the destitute, are social rights, as set forth in this Constitution.”

Brasília, September 15, 2015.

Signatures omitted

Constitutional Amendment No. 91 of February 18, 2016

Changes the Federal Constitution to permit, exceptionally and for a definite period, the possibility of disaffiliating from one’s political party without prejudice to one’s mandate.

The Executive Committees of the Chamber of Deputies and the Federal Senate, in accordance with §3° of Art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  The holder of an elected mandate may become disaffiliated from the party by which she or he was elected within thirty days from promulgation of this Constitutional Amendment. Such disaffiliation shall not be considered for purposes of the distribution of resources from the Fund for Political Parties or for free access to radio and television time.

Art. 2.  This Constitutional Amendment shall enter into force on the date of its publication.

Brasília, February 18, 2016.

Signatures omitted

Constitutional Amendment No. 92 of July 12, 2016

Changes arts. 92 and 111-A of the Federal Constitution to make explicit that the Superior Labor Tribunal is an organ of the Judiciary, to change the requirements for approval to positions as Ministers of that Tribunal, and to modify its jurisdiction.

The Executive Committees of the Chamber of Deputies and the Federal Senate, in accordance with §3° of Art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  Arts. 92 and 111-A of the Federal Constitution shall be in force with the following changes:

“Art. 92. 

  1. IIA— the Superior Labor Tribunal; … .”

“SECTION V The Superior Labor Tribunal, the Regional Labor Tribunals, and the Labor Judges

“Art. 111-A.  The Superior Labor Tribunal shall be composed of twenty-seven Ministers, chosen among Brazilians between thirty-five and sixty-five years of age, with notable legal knowledge and unblemished reputations, nominated by the President of the Republic, after approval by an absolute majority of the Federal Senate, with; …

§ 3°  The Superior Labor Tribunal shall be competent to hear and decide as a matter of original jurisdiction a reclamation for the preservation of its jurisdiction and guarantee of the authority of its decisions.”

Art. 2.  This Constitutional Amendment shall enter into force on the date of its publication.

Brasília, July 12, 2016.

Signatures omitted

Constitutional Amendment No. 93 of September 8, 2016

Alters the Transitional Constitutional Provisions Act to extend the unlinking of the Union’s receipts and to establish the unlinking of the receipts of the States, Federal District and Counties.

The Executive Committees of the Chamber of Deputies and the Federal Senate, in the terms of § 3° of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  Article 76 of the Transitional Constitutional Provisions Act shall be in force with the following wording:

“Art. 76.  Until December 31, 2023, 30% (thirty percent) of the Union’s collection of social assessments (without prejudice to payment of the expenses of the General Regime of Social Security), assessment for intervention in the economic domain, and charges, already instituted or that are created by the referred to date, are unlinked from the agency, fund or expense.

§ 1°  (Repealed)

§ 2° 

§ 3°  (Repealed)”

Art. 2.  The Transitional Constitutional Provisions Act shall be in force with the addition of the following arts 76-A and 76-B:

“Art. 76-A.  Until December 31, 2023, the receipts of the States and Federal District from taxes, charges and fines, already instituted or that are created by the referred to date, as well as their surcharges and respective legal increments and other current receipts, are unlinked from the agency, fund or expense.

Sole Paragraph.  The following are exceptions from the unlinking dealt with in the initial paragraph:

  1. I— resources destined for the financing of public health actions and services and the maintenance and development of teaching dealt with respectively in subparagraphs II and III of § 2° of art. 198 and art. 212 of the Federal Constitution.

  2. II— receipts belonging to the Counties stemming from transfers provided for in the Federal Constitution;

  3. III— receipts from social security contributions and health assistance from employees;

  4. IV— other mandatory or voluntary transfers between entities of the Federation with a destination specified by law;

  5. V— funds instituted by the Judiciary, the Tribunals of Accounts, the Public Ministry, Public Defenders, and the Procurators-General of the States and the Federal District.”

“Art. 76-B.  Until December 31, 2023, the receipts of the Counties from taxes, charges and fines, already instituted or that are created by the referred to date, as well as their surcharges and respective legal increments and other current receipts, are unlinked from the agency, fund or expense.

Sole Paragraph.  The following are exceptions from the unlinking dealt with in the initial paragraph:

  1. I— resources destined for the financing of public health actions and services and the maintenance and development of teaching dealt with respectively in subparagraphs II and III of § 2° of art. 198 and art. 212 of the Federal Constitution.

  2. II— receipts from social security contributions and health assistance from employees;

  3. III— mandatory or voluntary transfers between entities of the Federation with a destination specified by law;

  4. IV— funds instituted by the County’s Tribunal of Accounts.”

Art. 3.  This Constitutional Amendment shall enter into force on the day of its publication, producing effects starting from January 1, 2016.

Brasília, September 8, 2016.

Signatures omitted

Constitutional Amendment No. 94 of December 15, 2016

Alters art. 100 of the Federal Constitution to arrange the regime for the payment of public debts resulting from judicial condemnations, and adds provisions to Transitional Constitutional Provisions Act to institute a special regime for payment in cases in default.

The Executive Committees of the Chamber of Deputies and the Federal Senate, in the terms of § 3° of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  Art. 100 of the Federal Constitution shall go into force with the following wording:

“Art. 100. 

§2°.  Debts of a support nature whose owners, either original or through inheritance, are 60 (sixty) years old, or are suffering from a serious disease, or handicapped persons, as defined by law, shall be paid with preference over all other debts, up to a value equivalent to three times that set by law for the purposes of the provision in §3° of this article. Payment of a fractional amount is permitted for this purpose, with the rest being paid in the chronological order of the presentation of the judicial order of payment.

§17°.  The Union, the States, the Federal District and the Counties shall compare monthly, on an annual basis, the compromised amounts of their respective current net receipts with the payment of judicial orders of payment and small value obligations.

§18°.  For the purposes of §17°, current net receipts means the sum of receipts from taxes, patrimony, industry, agriculture, and cattle raising; from contributions and services; from current transfers and other current receipts, including those stemming from §1° of art. 20 of the Federal Constitution, verified in the included period by the second month immediately prior to the referred month and the 11 (eleven) preceding months, excluding duplicates, and deducting:

  1. I—  from the Union, the amounts delivered to the States, to the Federal District, and to the Counties by constitutional determination;

  2. II— from the States, the amounts delivered to the Counties by constitutional determination;

  3. III— from the Union, the States, the Federal District and the Counties, the employees’ contribution for the cost of their system of social security and social assistance and the receipts stemming from the financial compensation referred to in §9° of art. 201 of the Federal Constitution.

§19°.  In the event that total amount of the debts resulting from judicial condemnations in judicial orders of payment and small value obligations in a twelve-month period exceeds the average of the compromised percentage of current net receipts in the immediately preceding 5 (five) years, the amount that exceeds this percentage may be financed, exempted from the debt limits dealt with in subparagraphs VI and VII of art. 52 of the Federal Constitution and from any other debt limitations provided for, with the prohibition on the linking of receipts provided for in subparagraph IV of art. 167 of the Federal Constitution being inapplicable to this financing.

§20°.  In the event there are judicial orders of payment with values superior to 15% (fifteen percent) of the amount of the judicial orders of payment presented in the terms of §5° of this article, 15% (fifteen percent) of the value of these judicial orders of payment shall be paid by the end of the following fiscal year and the remainder in equal parcels in the five subsequent fiscal years, increased by interest for the delay and monetary correction, or through direct settlements via the Auxiliary Courts for Settlement of Judicial Orders of Payment, with a maximum reduction of 40% (forty percent) of the value of the updated credit, so long as no appeal or judicial defense is pending with respect to the credit and that the requirements set forth in the regulations issued by the federative entity are observed.

Art. 2.  The Transitional Constitutional Provisions Act shall be increased by the following arts. 101 to 105:

“Art. 101.  The States, the Federal District, and the Counties that were in default on the payment of their judicial orders of payment on March 25, 2015, shall pay off these overdue debts by December 31, 2020, as well as those debts that become due during this period, depositing monthly in a special account in the local Tribunal of Justice, under the sole and exclusive administration of this Tribunal, 1/12 (one-twelfth) of the calculated percentage value of their respective current net receipts, determined in the second month prior to the month of payment, in a percentage sufficient for the satisfaction of their debts and, even though variable, never less than in each financial year the average of the compromised percentage of the current net receipts in the period from 2012 to 2014, in conformity with a plan for payment to be presented annually to the local Tribunal of Justice.

§1°.  For the purposes of this article, current net receipts means the sum of receipts from taxes, patrimony, industry, agriculture, and cattle raising; from contributions and services; from current transfers and other current receipts, including those stemming from §1° of art. 20 of the Federal Constitution, verified in the included period by the second month immediately prior to the referred month and the 11 (eleven) preceding months, excluding duplicates, and deducting:

  1. I— from the States, the amounts delivered to the Counties by constitutional determination;

  2. II— from the States, the Federal District and the Counties, the employees’ contribution for the cost of their system of social security and social assistance and the receipts stemming from the financial compensation referred to in §9° of art. 201 of the Federal Constitution.

§2°.  The debts from the judicial orders of payment may be paid through utilization of their own budgetary resources and the following instruments:

  1. I— up to 75% (seventy-five percent) of the amount of the judicial and administrative cash deposits with reference to judicial or administrative proceedings, be they tax or non-tax, in which the State, Federal District, or the Counties, or their autarchies, foundations, or dependent state enterprises, are parties;

  2. II— up to 20% (twenty percent) of other judicial deposits in the locality, under the jurisdiction of the respective Tribunal of Justice, with the exception of those destined for the satisfaction of credits of a support nature, through institution of a guarantee fund consisting of the remainder of the judicial deposits, destined for:

    1. a)  in the case of the Federal District, 100% (one hundred percent) of these resources of the Federal District itself;

    2. b)  in the case of the States, 50% (fifty percent) of the resources of the State itself and 50% (fifty percent) of its Counties;

  3. III— contracting of loans, exempted from the limits on indebtedness dealt with in subparagraphs VI and VII of art. 52 of the Federal Constitution and any other limits on indebtedness provided for, with the prohibition against linking of revenues provided for in subparagraph IV of art. 167 of the Federal Constitution being inapplicable.”

“Art. 102.  So long as the special regime provided for in this Constitutional Amendment is in force, at least 50% (fifty percent) of the resources which, in the terms of art. 101 of this Transitional Constitutional Provisions Act, are destined for satisfaction of judicial orders of payment in default shall be utilized for their payment in accordance with the chronological order of presentation, respecting the preferences of support creditors and those with respect to age, state of health, and handicaps in the terms of §2° of art. 100 of the Federal Constitution, over all the other credits for all years.

Sole paragraph.  Application of the rest of the resources, at the option of the States, Federal District and Counties, by act of their respective Executives, observing the order of preferences of creditors, may be destined for payment through direct settlements, via the Auxiliary Courts for Settlement of Judicial Orders of Payment, with a maximum reduction of 40% (forty percent) of the value of the updated credit, so long as no appeal or judicial defense is pending with respect to the credit and that the requirements set forth in the regulations issued by the federative entity are observed.”

“Art. 103.  So long as the States, Federal District and Counties are effectuating payment of the monthly amounts owed as provided in the initial paragraph of art. 101 of this Transitional Constitutional Provisions Act, neither they, nor their respective dependent autarchies, foundations, or state enterprises may suffer seizure of assets, except for failure to release resources on time.”

“Art. 104.  If the resources referred to in art. 101 of this Transitional Constitutional Provisions Act for the satisfaction of judicial orders of payment are not released on time, either in whole or in part:

  1. I— the President of the local Tribunal of Justice shall determine the seizure of the accounts of the non-compliant federative entity, up to the limit of the unreleased amounts;

  2. II— the head of the Executive of the non-compliant federative entity shall be charged in the form of the legislation for fiscal liability and administrative impropriety;

  3. III— the Union shall retain the resources referring to the repasses to the Fund of Participation of the States and the Federal District and the Fund of Participation of the Counties and shall deposit them in a special account referred to in art. 101 of this Transitional Constitutional Provisions Act, for utilization as provided therein;

  4. IV— the States shall retain the repasses provided for in the sole paragraph of art. 158 of the Federal Constitution and deposit them in a special account referred to in art. 101 of this Transitional Constitutional Provisions Act, for utilization as provided therein;

Sole paragraph.  So long as the omission persists, the federative entity may not contract foreign or domestic loans, except for the purposes provided for in §2° of art. 101 of this Transitional Constitutional Provisions Act, and shall be prohibited from receiving voluntary transfers.”

“Art. 105.  So long as the regime for payment of judicial orders of payment provided for in at. 101 of this Transitional Constitutional Provisions Act remains in force, creditors of judicial orders of payment, whether their own or of third parties, may use them as a setoff for tax debts or other kinds of debts that by March 25, 2015, have been inscribed in the active debt of the States, the Federal District or the Counties, observing the requirements defined in the federative entity’s own law.

Sole paragraph.  Any type of linking, such as transferences to other entities and those destined to education, health or purposes, shall not apply to the setoffs referred to in the initial paragraph of this article.

Art. 3.  This Constitutional Amendment shall enter into force on the date of its publication.

Brasília, December 15, 2016.

Signatures omitted

Constitutional Amendment No. 95 of December 15, 2016

Alters the Transitional Constitutional Provisions Act to institute a New Fiscal Regime and takes other measures.

The Executive Committees of the Chamber of Deputies and the Federal Senate, in the terms of § 3° of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  The Transitional Constitutional Provisions Act shall go into force adding the following arts. 106, 107, 108, 109, 110, 111, 112, 112 and 114:

“Art. 106.  The New Fiscal Regime is instituted in the ambit of Fiscal Budgets and the Union’s Social Security and shall be in force for twenty fiscal years, in the terms of arts. 107 to 111 of this Transitional Constitutional Provisions Act.”

“Art. 107.  In each fiscal year individualized limits are established for primary expenses:

  1. I— of the Executive Power;

  2. II— of the Supreme Federal Tribunal, the Superior Tribunal of Justice, the National Council of Justice, Labor Justice, Federal Justice, Military Justice of the Union, Electoral Justice and the Justice of the Federal District and Territories, in the ambit of the Judicial Power;

  3. III— of the Federal Senate, the Chamber of Deputies and the Tribunal of Accounts of the Union, in the ambit of the Legislative Power;

  4. IV— of the Public Ministry of the Union and the National Council of the Public Ministry; and

  5. V— in the Public Defender of the Union.

§ 1°.  Each of the limits to which the initial paragraph of this article refers shall be equivalent to:

  1. I— for fiscal year 2017, the primary expenses paid in fiscal year 2016, including expenses incurred but not yet paid, payments, and other operations that affect the primary result, corrected by 7.2% (seven and two tenths percent); and

  2. II— for later fiscal years, to the value of the limit referring to the immediately preceding fiscal year, corrected by the variation in the National Ample Consumer Price Index-IPCA, published by the Brazilian Institute of Geography and Statistics, or another index that may be substituted for it, for the period of twelve months, ending in June of the prior fiscal year to which the budgetary law refers.

§ 2°.  The limits established in subparagraph IV of the initial paragraph of art. 51, in subparagraph XIII of the initial paragraph of art. 52, in § 3° of art. 127 and in § 3° of art. 134 of the Federal Constitution may not be higher than those established by the terms of this article.

§ 3°.  The orientation message of the draft of the budgetary law shall display the maximum values of programming compatible with the individualized limits calculated in the manner of § 1° of this article, observing §§ 7° and 9° of this article.

§ 4°.  The primary expenses authorized in the annual budgetary law subject to the limits dealt with in this article may not exceed the maximum values shown in the terms of § 3° of this article.

§ 5°.  It is prohibited to open supplemental or special credits that increase the authorized total amount of primary expenses subject to the limits dealt with in this article.

§ 6°.  One does not include in the basis of calculation and the limits established in this article:

  1. I— constitutional transferences established in § 1° of art. 20, in subparagraph III of the sole paragraph of art. 146, in § 5° of art. 153, in art. 157, in subparagraphs I and II of art. 158, in art. 159 and in § 6° of art. 212, the expenses referred to in subparagraph XIV of the initial paragraph of art. 21, all in the Federal Constitution, and the complements dealt with in subparagraphs V and VII of the initial paragraph of art. 60 of this Transitional Constitutional Provisions Act;

  2. II— extraordinary credits referred to in § 3° of art. 167 of the Federal Constitution;

  3. III— non-recurring expenses of Electoral Justice with holding elections; and

  4. IV— expenses with the increase in capital of non-dependent state firms.

§ 7°.  In the first three fiscal years in which the New Fiscal Regime is in force, the Executive may compensate with an equivalent reduction in its primary expenses, consistent with the values established in the draft of the budgetary law sent by the Executive in the respective fiscal year, the excess of primary expenses in relation to the limits dealt with in subparagraphs II to V of the initial paragraph of this article.

§ 8°.  The compensation dealt with in § 7° of this article shall not exceed .25% (twenty-five hundreds of one percent) of the limits of the Executive.

§ 9°.  Respecting the sum of each one of the subparagraphs II to IV of the initial paragraph of this article, the law of budgetary directives shall provide for the compensation between the individualized limits of the organs set forth in each subparagraph.

§ 10°.  For the purposes of verification of compliance with the limits dealt with in this article, primary expenses paid, expenses incurred but not yet paid, payments, and other operations that affect the primary result shall be considered.

§ 11°.  Payment of expenses incurred by December 31, 2015, but not yet paid may be excluded from verification of compliance with the limits dealt with in this article, up to the excess of the primary result of the Fiscal Budget and the Social Security Budget for the fiscal year in relation to the goal fixed in the law of budgetary directives.”

“Art. 108.  Starting in the tenth fiscal year of the New Fiscal Regime, the President of the Republic may propose a draft of a complementary law for alteration of the method of correction of the limits referred to in subparagraph II of § 1° of art. 107 of this Transitional Constitutional Provisions Act.

Sole paragraph.  Only one alteration of the method of correction of the limits shall be permitted in a presidential mandate.”

“Art. 109.  In the case of noncompliance with an individualized limit, the following prohibitions shall be applied to the Executive or the organs designated in subparagraphs II to V of the initial paragraph of art. 107 of this Transitional Constitutional Provisions Act that failed to comply, until the end of the fiscal year in which expenses return to their respective limits, without prejudice to other measures:

  1. I— concession, by whatever title, of an advantage, increase, readjustment or adjustment of remuneration of members of the Branch or organ, of civil servants or public employees and military, except those derived from a final and non-appealable judicial judgment or a legal determination stemming from acts prior to the entry into force of this Constitutional Amendment;

  2. II— creation of a position, job or assignment that implies an expense increase;

  3. III— alteration of a career structure that implies an expense increase;

  4. IV— admission or contracting of personnel, of whatever title, except for replacement of positions of command or management that do not bring with them an increase in expense or those stemming from vacancies in permanent or lifetime positions;

  5. V— holding of public competitions, except for replacement of vacancies provided for in subparagraph IV;

  6. VI— creation or increase in aid, advantages, bonuses, allowances, entertainment allowances, or benefits of whatever nature in favor of members of the Branch, the Public Ministry or the Public Defender, civil servants, public employees and military;

  7. VII— creation of obligatory expenses;

  8. VIII— adoption of a measure that implies a readjustment of obligatory expenses above the variation of inflation, observing the preservation of purchasing power referred to subparagraph IV of the initial paragraph to art. 7 of the Federal Constitution.

§ 1°.  Whenever any of the individualized limits on the organs designated in subparagraphs II, III, and IV of the initial paragraph of art. 107 of the Transitional Constitutional Provisions Act is not complied with, the prohibitions provided for in subparagraphs I, III and VI of the initial paragraph apply to the entire group of organs referred to in each subparagraph.

§ 2°.  In addition to what is provided in the initial paragraph, in case of noncompliance with the limits set out in subparagraph I of the initial paragraph to art. 107 of this Transitional Constitutional Provisions Act, the following are prohibited:

  1. I— creation or expansion of programs and lines of financing, as well as the forgiveness, renegotiation, or refinancing of debts that involve increasing of expenses with subsidies and grants; and

  2. II— concession or increase in tax incentives or benefits.

§ 3°.  In case of noncompliance with any of the individualized limits set out in the initial paragraph of art. 107 of this Transitional Constitutional Provisions Act, concession of the general revision provided for in subparagraph X of the initial paragraph to art. 37 of the Federal Constitution is prohibited.

§ 4°.  The prohibitions provided for in this article also apply to legislative proposals.”

“Art. 110.  During the time the New Fiscal Regime is in force, the minimum applications in public health activities and services and in the maintenance and development of education shall be equal to:

  1. I— in fiscal year 2017, the minimum applications calculated in accordance with subparagraph I of § 2° of art. 198 and the initial paragraph of art. 212 of the Federal Constitution; and

  2. II— in later fiscal years, the values calculated for minimum applications in the immediately prior fiscal year, corrected in the manner established by subparagraph II of § 1° of art. 107 of this Transitional Constitutional Provisions Act.”

“Art. 111.  From fiscal year 2018 until the last fiscal year that the New Fiscal Regime is in force, the approval and execution provided for in §§ 9° and 11 of art. 166 of the Federal Constitution shall correspond to the amount for mandatory execution for fiscal year 2017, corrected in the manner established by subparagraph II of § 1° of art. 107 of this Transitional Constitutional Provisions Act.”

“Art. 112.  The provisions introduced by the New Fiscal Regime:

  1. I— do not constitute an obligation for future payment by the Union or rights of others on the treasury; and

  2. II— do not revoke, dispense with or suspend compliance with constitutional and legal provisions that deal with fiscal goals or maximum limits on expenses.”

“Art. 113.  A legislative proposal that creates or alters mandatory expenses or renounces receipts shall be accompanied by an estimate of its budgetary and financial effects.”

“Art. 114.  Transmission of the legislative proposals designated in the initial paragraph of art. 59 of the Federal Constitution, with the exception of that referred to in subparagraph V, whenever they occasion an increase in expenses or renunciation of receipts, shall be suspended for up to twenty days, at the request of one fifth of the members of the Chamber, in accordance with its internal regulations, for analysis of its compatibility with the New Fiscal Regime.”

Art. 2.  This Constitutional Amendment shall enter into force on the date of its promulgation.

Art. 3.  Art. 2° of Constitutional Amendment No. 86 of March 17, 2015, is revoked.

Brasília, December 15, 2016

Signatures omitted

Constitutional Amendment No. 96 Of June 6, 2017

Adds § 7° to art. 225 of the Federal Constitution to determine that sporting practices that utilize animals are not considered cruel, under the specified conditions.

The Executive Committees of the Chamber of Deputies and the Federal Senate, in the terms of § 3° of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  Art. 225 of the Federal Constitution shall be in force with the addition of the following § 7°:

“Art. 225. 

§ 7°.  For purposes of the provision in the final part of subparagraph VII of § 1° of this article, sporting practices that utilize animals shall not be considered cruel as long as they are cultural manifestations, in conformity with § 1° of art. 215 of this Federal Constitution, registered as a good of immaterial nature that is part of Brazilian cultural patrimony, which should be regulated by a specific law that assures the well-being of the involved animals.

Art. 2.  This Constitutional Amendment shall enter into force on the date of its publication.

Brasília, June 6, 2017

Signatures omitted

Constitutional Amendment No. 97 of October 4, 2017

Changes the Federal Constitution to prohibit party coalitions in proportional elections, to establish rules for political party access to the resources of the Special Fund of Financial Assistance to Political Parties (Fundo Partidiário) and to free radio and television propaganda time, and provides for transitional rules.

The Executive Committees of the Chamber of Deputies and the Federal Senate, in the terms of § 3° of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  The Federal Constitution shall be in force with the following changes:

“Art. 17. 

§ 1°.  Political parties are assured autonomy in defining their internal structure and in establishing rules on the choice, formation and duration of their permanent and provisional organs and on their organization and operation and to adopt criteria for the choice and regime of their coalitions in majority elections, prohibiting formation of coalitions in proportional elections, without requiring linkage among candidates in the national, state, district or county spheres. Party by-laws shall establish rules for party discipline and loyalty.

§ 3°.  Political parties shall have the right to resources from the Special Fund of Financial Assistance to Political Parties and to free access to radio and television, as provided by law, only if either:

  1. I— they obtain in the elections for the Chamber of Deputies a minimum of 3% (three percent) of the valid votes, distributed in at least one-third of the Federation units, with a minimum of 2% (two percent) in each of them; or

  2. II— they have elected at least fifteen Federal Deputies distributed in at least a third of the units of the Federation.

§ 5°.  A person elected by a party that does not meet the requirements provided for in §3° of this article, is assured his or her mandate and is allowed to affiliate, without loss of mandate, with another party that has met those requirements, but this affiliation shall not be considered for the purposes of distribution of the resources of the Special Fund of Financial Assistance to Political Parties and free access to radio and television time.

Art. 2.  The prohibition against formation of coalitions in proportional elections, provided for in § 1° of art. 17 of the Federal Constitution, shall apply starting with the elections of 2020.

Art. 3.  The provision in § 3° of art. 17 of the Federal Constitution as to political parties’ access to the resources of the Special Fund of Financial Assistance to Political Parties and to free propaganda on radio and television shall apply starting with the elections of 2030.

Sole paragraph.  The political parties that shall have access to the Special Fund of Financial Assistance to Political Parties and gratuitous propaganda on radio and television are:

  1. I— in the legislature following the elections of 2018:

    1. (a)  those that in the elections for the Chamber of Deputies obtain a minimum of 1.5% (one and one-half percent) of the valid votes, distributed in at least one-third of the Federation units, with a minimum of 1% (one percent) of the valid votes in each unit; or

    2. (b)  have elected at least nine Federal Deputies distributed in at least one-third of the Federation units;

  2. II— in the legislature following the elections of 2022:

    1. (a)  those that in the elections for the Chamber of Deputies obtain a minimum of 2% (two percent) of the valid votes, distributed in at least one-third of the Federation units, with a minimum of 1% (one percent) of the valid votes in each unit; or

    2. (b)  have elected at least eleven Federal Deputies distributed in at least one-third of the Federation units.

  3. III— in the legislature following the elections of 2026:

    1. (a)  those that in the elections for the Chamber of Deputies obtain a minimum of 2.5% (two and one-half percent) of the valid votes, distributed in at least one-third of the Federation units, with a minimum of 1.5% (one and one-half percent) of the valid votes in each unit; or

    2. (b)  have elected at least thirteen Federal Deputies distributed in at least one-third of the Federation units.

Art. 4.  This Constitutional Amendment shall enter into force on the date of its publication.

Brasília, October 4, 2017

Signatures omitted

Constitutional Amendment No. 98 of December 6, 2017

Changes art. 31 of Constitutional Amendment No. 19 of June 4, 1998, to provide for the inclusion, within the classification of federal public administration in dissolution, of civil servants, members of the civil and military career police, and any persons who have maintained an employment, statutory or work relationship or functional link with the public administration of the former Territories or the States of Amapá or Roraima, including their city governments, in the phase of installation of these federated units, and takes other measures.

The Executive Committees of the Chamber of Deputies and the Federal Senate, in the terms of § 3° of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  Art. 31 of Constitutional Amendment No. 19 of June 4, 1998, shall enter into force with the following changes:

“Art. 31.  Persons who assumed the status of federal public servants, whether in the direct administration, an autarchy, or a foundation, county servants, or career members of the civil and military police of the former federal Territories of Amapá and Roraima, and who are duly found to have been exercising their functions, rendering services to the public administration of the former Territories or to the city governments located therein, on the date in which the former Territories were transformed into States; civil servants and civil and military police that had been admitted by the States of Amapá and Roraima in the period between the date of their transformation into States and October of 1993, as well as persons who prove that they had maintained, during this period, an employment, statutory, or work relationship or functional link, whether effective or not, with the public administration of the former Territories, States, or city governments located therein or with a public firm or mixed-economy company, including those that have been dissolved, constituted by the former Territory or the Union to act within the ambit of the former Federal Territory, may enlist in the classification of federal public administration in dissolution.

§1°.  The enlistment referred to in the initial paragraph for civil servants or civil and military police, and those who have been classified in this condition, between the transformation and installation of the States in October 1993, shall be at the position in which they were originally admitted or in an equivalent position.

§3°.  The persons referred to in this article shall render services to their respective States or Counties, as detailed personnel, until their utilization by an organ or entity of the direct federal administration, federal autarchy, or federal foundation. The States may, on account of and by delegation of the Union, adopt procedures necessary for the assignment of such personnel to their Counties.

§4°.  For the purposes of the provisions of the initial paragraph of this article, in addition to those permitted by law, the following are ways of proving an employment, statutory, or work relationship or functional link, independently of the existence of a current link:

  1. I— a contract, agreement, settlement or administrative act by means of which a person has been classified as a professional, employee, public servant, service provider or worker and has performed or developed labor activity directly with the former Territory, State or city government located therein, including through the intervention of a cooperative;

  2. II— compensation, remuneration or payment, documented or formalized at the time, by means of a deposit in a bank account or issuance of an order of payment, a receipt, a pledge note or bank order in which the public administration of the former Territory, State or city government located therein identifies itself as the source of payment or direct source of the resources, as well as those made from accounts or resource4s stemming from a participation fund or special fund, including those for the benefit of personnel belonging to special schedules.

§5°.  In addition to the means of proof dealt with in §4° of this article, without prejudice to those permitted by law, the enlistment referred to in the initial paragraph of this article shall depend upon whether the person has maintained a functional employment, statutory or work relationship or link with the former Territory or State that has succeeded it for at least ninety days.

§6°.  The persons to which this article refers, as a result of their term in office in an organ or entity of the state or county public administration of the States of Amapá and Roraima, shall receive all of the benefits and other values that comprise the compensation structure of the positions in which they had been enrolled, prohibiting their reduction or suppression because of assignment to a State or County.”

Art. 2.  Within a maximum period of ninety days, starting from the date of publication of the Constitutional Amendment, the Union shall regulate the provisions of Art. 31 of Constitutional Amendment No. 19 of June 4, 1998, in order for the right of option provided for therein to be exercised.

§1°  If the period provided for in the initial paragraph of this article is not complied with, persons whose right of option is helped shall be entitled to payment of the eventual increases in compensation from the date this period ended, in the event that their enrollment is confirmed.

§2°  Payment of any increased remuneration, recovery, aid, salary, compensation or value because of an act or fact prior to the date of enrollment of the opting person is prohibited, except for the payment referred to on §1 of this article.

Art. 3.  The right of option, in the terms provided for in art. 31 of Constitutional Amendment No. 19 of June 4, 1998 shall be exercised within the period of up to thirty days from the date of the regulation of this Constitutional Amendment.

§1°  All rights already exercised up to the date of regulation of this Constitutional Amendment are validated, including cases in which the option has been made, but the enrollment has not yet been implemented. For all purposes, including enrollment there shall be applied to these rights the legislation in force at the time in which the option has been made, or, if more beneficial or favorable to the opting person, the rules provided for in this Constitutional Amendment and its regulations.

§2°  Between the date of promulgation of this Constitutional Amendment and the publication of its regulations, exercise of the right of option shall be made on the basis of the provisions contained in Constitutional Amendment No. 79 of May 27, 2014, and its regulatory rules, with prejudice to the provisions of §1 of this article.

Art. 4.  The functional link is recognized between the Union and civil servants of the former Territory of Amapá, referred to in Administrative Ruling No. 4.481 of December 19, 1995, of the Ministry of Federal Administration and State Reform, published in the Official Gazette of the Union on December 21, 1995, validating the acts of administration, admission, retirement, pensions, promotion, movement and redistribution relating to these civil servants, unless they have been excluded from the ranks of the Union by a decision of the Union’s Tribunal of Accounts, from which a judicial recourse is no longer possible.

Art. 5.  The provisions of art. 7 of Constitutional Amendment No. 79 of May 27, 2014 apply to the civil servants who, under equal conditions, have been admitted by the State of Rondônia until 1987, and the States of Amapá and Roraima until October 1993.

Art. 6.  The provisions of art. 6 of Constitutional Amendment No. 79 of May 27, 2014, apply to civil servants, who, having been admitted and allotted by the Secretariats of Public Security of the State of Rondônia until 1987, and the States of Amapá and Roraima until October 1993, performed police functions.

Art. 7.  The provisions of this Constitutional Amendment apply to retirees and pensioners, civil and military, linked to their own respective pension regimes, prohibiting payment under any name for amounts related to periods prior to its publication.

Sole paragraph.  There will be financial compensation between their own pension regimes on the occasion of their retirement or their inclusion in the retirees and pensioners in the classification in dissolution of the Union, observing the provisions of §9 of art. 201 of the Federal Constitution.

Art. 8.  This Constitutional Amendment shall enter into force on the date of its publication.

Brasília, December 6, 2017

Signatures omitted

Constitutional Amendment No. 99 of December 14, 2017

Changes art. 101 of the Transitional Constitutional Provisions Act to institute a special new regime for payment of judicial orders of payment, as well as arts. 102, 103, and 105 of the Transitional Constitutional Provisions Act.

The Executive Committees of the Chamber of Deputies and the Federal Senate, in the terms of § 3° of art. 60 of the Federal Constitution, promulgate the following Amendment to the constitutional text:

Art. 1.  Art. 101 of the Transitional Constitutional Provisions Act shall enter into force with the following modifications:

“Art. 101.  The States, the Federal District and the Counties that were in default on the payment of their judicial orders of payment on March 25, 2015, shall pay off these overdue debts by December 31, 2024, as well as those debts that become due within this period, updated by the Broad Special National Consumer Price Index (IPCA-E), or by whatever index replaces it, depositing monthly in a special account under the sole and exclusive administration of the local Tribunal of Justice, 1/12 (one twelfth) of the amount calculated on a percentage basis of their respective current net revenues, determined in the second month prior to the month of payment, in a percentage sufficient for the satisfaction of their debts and, even though variable, never less in each financial year than the percentage allocated on the date of entry into force of the special regime to which this article refers, in conformity with a plan for payment to be presented annually to the local Tribunal of Justice.

§2°.  The indebtedness for the judicial orders of payment shall be paid from their own budgetary resources stemming from the net current revenues referred to § 1° of this article, as well as resources from the following instruments:

  1. I— up to 75% (seventy-five percent) of the amount of the judicial and administrative cash deposits related to judicial or administrative proceedings, whether tax or non-tax, in which the States, Federal District, or the Counties, or their autarchies, foundations, or dependent state enterprises are parties, through the establishment of a guarantee fund in an amount equal to 1/3 (one-third) of the resources collected, constituted by the remaining portion of the judicial deposits and earning the same rate as the Special System for Settlement and Custody (Selic)18 for federal securities, and never less than the indexes and criteria applied to the collected deposits;

  2. II— up to 30% (thirty percent) of other judicial deposits in the locality, under the jurisdiction of the respective Tribunal of Justice, through the institution of a guarantee fund in an amount equivalent to the resources collected, consisting of the remainder of the judicial deposits and earning the same rate as the Special System for Settlement and Custody (Selic) for federal securities, and never less than the indexes and criteria applied to the collected deposits, destined for:

    1. a)  in the case of the Federal District, 100% (one hundred percent) of these resources of the Federal District itself;

    2. b)  in the case of the States, 50% (fifty percent) of the resources of the State itself and 50% (fifty percent) of its Counties, in conformity with the judicial district where the resources are deposited, and, if there is more than one County in the same judicial district, the resources shall be proportionally allocated among the competing Counties in proportion to their respective populations, utilizing as a reference the latest census or the most recent estimate of population by the Brazilian Institute Foundation of Geography and Statistics (IBGE);

  3. III— loans, exempted for this purpose from the limits on indebtedness dealt with in subparagraphs VI and VII of the initial paragraph of art. 52 of the Federal Constitution and any other limits on indebtedness provided for by law, with the prohibition against linking of revenues provided for in subparagraph IV of the initial paragraph of art. 167 of the Federal Constitution being inapplicable to these loans.

  4. IV— the total of the deposits for judicial orders of payments and direct requisitions of payment for small value obligations made up to December 31, 2009 and still not collected, with the cancellation of the respective requisitions and the write off of the obligations, assuring revalidation of requisitions by adjudicatory proceedings before the Tribunals, at the request of the creditors and after hearing from the debtor entity, maintaining the position in the original chronological order and the remuneration for the entire period.

§3°.  The additional resources provided for in subparagraphs I, II and IV of §2° of this article shall be transferred directly by the depository financial institution to the special account referred to in the initial paragraph of this article under the sole and exclusive administration of the local Tribunal of Justice, and this transference shall be carried out within sixty days from the time of the entry into force of this paragraph, under penalty of the personal liability for impropriety of the director of the financial institution.

§4°.  Within a period of up to six months from the entry into force of this special regime to which this article refers, the Union, directly or through the official financial institutions under its control, shall make available to the States, the Federal District, and the Counties, as well as their respective autarchies, foundations, and dependent state firms, a special line of credit for payment of the judicial orders of payment submitted to the special regime for payment dealt with in this article, observing the following conditions:

  1. I— in financing the remaining balances of the judicial orders of payment referred to in this paragraph, the indexes and criteria for monetarily updating judicial orders of payment set out in §12° of art. 100 of the Federal Constitution shall be adopted.

  2. II— financing of the remaining balances of the judicial orders of payment to which this paragraph refers shall be made in monthly installments sufficient to satisfy the debt therein constituted;

  3. III— the amount of each installment referred to in subparagraph II of this paragraph shall be calculated over the net current revenues respectively of the State, Federal District and County, in the second month prior to payment, in a percentage equivalent to the average of the monthly percentage commitment from 2012 until the end of the period referred to in the initial paragraph of this article, considering for this purpose only each Federative entity’s own resources applied to payment of the judicial orders of payment.

  4. IV— the limits of indebtedness set out in subparagraphs VI and VII of the initial paragraph of art. 52 of the Federal Constitution and whatever other limits of indebtedness provided by law do not apply to the loans to which this paragraph refers.”

Art. 2.  Art. 102 of the Transitional Constitutional Provisions shall be in force with the addition of the following §2°, renumbering the current sole paragraph as §1°:

“Art. 102. 

§1°. 

§2°.  While the special regime provided for in art. 101 of this Transitional Constitutional Provisions Act is in force, preferences with respect to age, health status, and disability shall be taken into consideration up to the equivalent of five times the amount fixed by law for the purposes of the provisions in §3° of art. 100 of the Federal Constitution, permitting fractions for this purpose, and the remainder shall be paid in the chronological order of presentation of the judicial order of payment.”

Art. 3.  Art. 103 of the Transitional Constitutional Provisions shall be in force with the addition of the following sole paragraph:

“Art. 103. 

Sole paragraph.  While the special regime provided for in art. 101 of this Transitional Constitutional Provisions Act is in force, expropriations are prohibited by any State, Federal District, and County whose inventory of judicial orders of payment still awaiting payment, including judicial orders of payment awaiting payment by its entities of indirect administration, is higher than 70% (seventy percent) of its respective net current revenues, with the exception of expropriations for public necessity in the areas of health, education, public security, public transportation, basic sanitation and social interest housing.”

Art. 4.  Art. 105 of the Transitional Constitutional Provisions shall be in force with the addition of the following §§ 2° and 3°, renumbering the current sole paragraph as §1°:

“Art. 105. 

§1°. 

§2°.  The States, Federal District and Counties shall regulate in their respective laws the provisions in the initial paragraph of this article within one hundred-twenty days beginning on January 1, 2018.

§3°.  If the period set forth in §2° of this article has expired without enactment of the regulations therein provided for, the creditors of the judicial orders of payment are authorized to exercise the option referred to in the initial paragraph of this article.”

Art. 5.  This Constitutional Amendment shall enter into force on the date of its publication.

Brasília, December 14, 2017.

Signatures omitted

Footnotes:

§ 4° was repealed by Amendment of Revision No. 3 of Mar. 17, 1994, art. 2. It originally stated:

“§ 4°.  Twenty percent of the receipts from the collection of the tax referred to in this article shall be destined for the cost of popular housing programs.”

Amendment No. 16 of June 4, 1997, art. 1, subsequently modified Art. 82 to return to a “four-year” presidential mandate.

The life of this Fund was extended from July 1, 1997 to December 31, 1999 by Amendment No. 17 of Nov. 22, 1997, art. 1.

The time period for collection of the assessment was extended from July 1, 1997 to December 31, 1999 by Amendment No. 17 of Nov. 22, 1997, art. 2.

The initial paragraph and § 1° were revised for the second time by Amendment No. 98 of December 6, 2017. They originally stated:

Art. 31.  Federal civil servants of direct and indirect administration, civil servants of the Counties, and members of the military police career in the former Federal Territories of Amapá and Roraima, who are duly found to be regularly performing their functions, rendering such services in the former Territories on the date on which they were transformed into States; military police that had been admitted by force of federal law, at the expense of the Union; and civil servants in those States with a functional link already recognized by the Union, shall constitute a classification in dissolution in the Federal Administration. They are assured the rights and advantages inherent to their service, prohibiting payment, for whatever title, of differences in remuneration.

§1°.  Members of the career military police shall continue to render services to their respective States, as detailed personnel, being submitted to the legal and regulatory provisions to which their corporate entities of respective military police are subject, observing the powers of positions compatible with their hierarchal levels.

These articles were first revised by Amendment No. 79 of May 27, 2014 to state:

Federal civil servants of direct and indirect administration, civil servants of the Counties, and members of the career military police in the former Federal territories of Amapá and Roraima, who are duly found to be regularly performing their functions, rendering such services in the former Territories on the date on which they were transformed into States; civil servants and military police that had been admitted regularly by the governments of the States of Amapá and of Roraima in the period during the transformation and the effective installation of these States in October of 1993, as well as the civil servants of these States with a functional link already recognized by the Union, upon exercising the option, shall constitute a classification in dissolution in the Federal Administration.

§1°.  The classification referred to in the initial paragraph for civil servants or military police regularly admitted between the transformation and installation of the States in October 1993 shall be at the position in which they were originally admitted or in an equivalent position.

§2° was revised by Amendment No. 79 of May 27, 2014. It originally stated:

§2°.  Civil servants shall continue to render services to their respective States, as detailed personnel, until their utilization by an organ of the federal administration.

§3° was revised by Amendment No. 98 of Dec. 6, 2017, art. 1. It was added by Amendment No. 79 of May 27, 2014 and originally stated:

§3°.  The civil servants referred to in the initial paragraph shall continue to render services to their respective States and Counties, as detailed personnel, until their utilization by an organ or entity of the direct federal administration, federal autarchy, or federal foundation.

§§ 4° to 6° were added by Amendment No. 98 of Dec. 6, 2017, art. 1.

Repealed by Amendment No. 41 of Dec. 19, 2003, art. 10. The text of Art. 8 stated:

“Art. 8.  Observing the provisions of art. 4 of this Amendment and except for the right of option of retirement by the rules established therein, the right to voluntary retirement with benefits calculated in accordance with art. 40, § 3° of the Federal Constitution is assured to those who have regularly entered into an effective position in the direct Public Administration or an autarchy or foundation, by the publication date of this Amendment, when the civil servant cumulatively:

  1. I— is fifty-three years old, if male, and forty-eight years old, if female;

  2. II— has served five years in the position from which he is retiring;

  3. III— has a minimum time of contribution equal to the sum of:

    1. a)  thirty-five years, if male, and thirty years, if female;

    2. b)  an additional period of contribution equivalent to twenty percent of the time lacking to comply with the time limits contained in prior subpart on the date of the publication of this Amendment.

§ 1°.  So long as they meet the provisions of subparagraphs I and II, and observing the provisions of art. 4 of this Amendment, civil servants referred to in this article may retire with benefits proportional to their time of contribution, when the following conditions are met:

  1. I— attaining a time of contribution equal at least to the sum of:

    1. a)  thirty years, if male, and twenty-five years, if female; and

    2. b)  an additional period of contribution equivalent to forty percent of the time lacking to attain the time limits contained in the previous subpart on the date of the publication of this Amendment;

  2. II— the proportional retirement benefit shall be equivalent to seventy percent of the maximum value that the civil servant could have obtained in accordance with the initial paragraph, increased by five percent per annum of the contribution that surpasses the sum referred to in the prior subparagraphs, up to a limit of one hundred percent.

§ 2°.  The provisions of this article apply to judges and to members of the Public Ministry and the Tribunal of Accounts.

§ 3°.  In the application of the provisions of the prior paragraph, judges or members of the Public Ministry or Tribunal of Accounts, if male, shall have their time of service performed prior to publication of this Amendment counted with an increase of seventeen percent.

§ 4°.  Teachers that are civil servants of the Union, States, Federal District and Counties, including their autarchies and foundations, who, up until the date of publication of this Amendment, have regularly entered an actual teaching position and who elect to retire in the form of the provisions of the initial paragraph, shall have their time of service performed prior to publication of this Amendment counted with an increase of seventeen percent, if male, and twenty percent, if female, so long as they retire exclusively with time from actual performance of teaching functions.

§ 5°.  Civil servants referred to in this article who remain in active service after completing the requirements for retirement established in the initial paragraph, shall be entitled to exemption from social security contributions until completing the requirements for retirement contained in art. 40, § 1°, III, a, of the Federal Constitution.

10  Art. 10 was repealed by Amendment No. 41 of Dec. 19, 2003, art. 10. Its text stated:

“Art. 10.  The regime of supplementary social security referred to in art. 40, §§ 14°, 15°, and 16° of the Federal Constitution, may only be instituted after publication of the complementary law provided for in § 15° of the same article.”

11  This limit was raised to two thousand and four hundred (2400) reais by Amendment No. 41 of Dec. 17, 2003, art. 5.

12  The sole paragraph was repealed by Amendment No. 47 of July 5, 2005, art. 5. The text stated:

Sole paragraph.  Observing the provision of art. 37, XI of the Federal Constitution, retirement benefits granted under this article shall be revised in the same proportion and on the same date that remuneration of active employees is modified, as provided by law.

13  Art. 6-A was inserted into this Amendment by Amendment No. 70 of Mar. 29, 2012, art. 1.

14  In ADI 3685-8, decided Mar. 22, 2006, the full Supreme Federal Tribunal construed this Amendment as inapplicable to the 2006 elections.

15  In ADI No. 4.307, decided on April 11, 2013, the Supreme Federal Tribunal, sitting en banc, declared Art. 3 (I) of Amendment No. 58 unconstitutional because of its retroactive effects.

16  In ADIs Nos. 4357 and 4425, decided on Mar. 25, 2015, the Supreme Federal Tribunal declared several provisions of Amendment 62 unconstitutional. Use of the index of monetary correction for savings accounts was sustained only until the day of judgment, when the STF determined that the Ample Special Consumer Price Index (IPEC-E) should be used. The special regime instituted by Amendment 62 for compensations, auctions, and immediate payments was maintained only until the date of the judgment, prohibiting their use in the future. The STF upheld the possibility of direct settlements with creditors, with a maximum reduction of 40%, but only for the next five years. The STF also upheld but only for the next five years linking minimum percentages of the current receipts of the states and counties for payment of the judicial orders of payment, and the sanctions for non-payment of the judicial orders of payment. Congress has responded to these judicial decisions with Amendment No. 94 of Dec. 15, 2016, which modifies the rules for paying off outstanding judicial orders of payment.

17  Repealed by Amendment No. 95 of Dec. 15, 2016, art. 3. The text of Art. 2 stated:

Art. 2.  The provision in subparagraph I of § 2° of art. 198 of the Federal Constitution shall be performed progressively, guaranteed, at a minimum:

  1. I— 13.2% (thirteen and two-tenths percent) of the current net receipts in the first fiscal period subsequent to promulgation of this Constitutional Amendment;

  2. II— 13.7% (thirteen and two-tenths percent) of the current net receipts in the second fiscal period subsequent to promulgation of this Constitutional Amendment;

  3. III— 14.1% (fourteen and one-tenth percent) of the current net receipts in the third fiscal period subsequent to promulgation of this Constitutional Amendment;

  4. IV— 14.5% (fourteen and five-tenths percent) of the current net receipts in the fourth fiscal period subsequent to promulgation of this Constitutional Amendment;

  5. V— 15% (fifteen percent) of the current net receipts in the fifth fiscal period subsequent to promulgation of this Constitutional Amendment;

18 Selic is the interest rate set by the Brazilian Central Bank for overnight lending.