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

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

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

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

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

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

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

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

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

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

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

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

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

Article 42. The members of the Military Police and of the Military Fire Brigades, institutions whose organization is based on hierarchy and discipline, are military of the States, of the Federal District, and of the Territories. 

Paragraph 1. The provisions of article 14, paragraph 8; article 40, paragraph 9; and of article 142, paragraphs 2 and 3 apply to the military of the States, of the Federal District and of the Territories, in addition to other provisions that the law may establish, it being incumbent upon specific state legislation to provide for the matters of article 142, paragraph 3, item X, the ranks of the officers being awarded by the respective State Governors. 

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

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

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

SECTION IV - THE REGIONS

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

TITLE IV- THE ORGANIZATION OF THE POWERS

CHAPTER I - THE LEGISLATIVE POWER

SECTION I - THE NATIONAL CONGRESS

Article 44. The Legislative Power is exercised by the National Congress, which is composed of the Chamber of Deputies and the Federal Senate. Sole paragraph - Each legislative term shall have the duration of four years. 

Article 45. The Chamber of Deputies is composed of representatives of theca people, elected, by the proportional system, in each state, territory and in the Federal District. 
Paragraph 1 - The total number of Deputies, as well as the representation of the States and of the Federal District shall be established by a supplementary law, in proportion to the population, and the necessary adjustments shall be made in the year preceding the elections, so that none of those units of the Federation has less than eight or more than seventy Deputies. 
Paragraph 2 - Each territory shall elect four Deputies. 

Article 46. The Federal Senate is composed of representatives of the states and of the Federal District, elected by a majority vote. 
Paragraph 1 - Each state and the Federal District shall elect three Senators for a term of office of eight years. 
Paragraph 2 - One-third and two-thirds of the representation of each state and of the Federal District shall be renewed every four years, alternately. Paragraph 3 - Each Senator shall be elected with two substitutes. 

Article 47. Except where there is a constitutional provision to the contrary, the decisions of each House and of their committees shall be taken by a majority vote, when the absolute majority of its members is present.

SECTION II - POWERS OF THE NATIONAL CONGRESS

Article 48. The National Congress shall have the power, with the sanction of the President of the Republic, which shall not be required for the matters specified in articles 49, 51 and 52, to provide for all the matters within the competence of the Union and especially on: 
I - system of taxation, collection of taxes and income distribution; 
II - pluriannual plan, budgetary directives, annual budget, credit transactions, public debt and issuance of currency; 
III - establishment and modification of Armed Forces troops; 
IV - national, regional and sectorial plans and programmes of development; 
V - boundaries of the national territory, air and maritime space and property of the Union; 
VI- incorporation, subdivision or dismemberment of areas of territories or states, after consulting with the respective Legislative Assembly; 
VII - temporary transference of the seat of the Federal Government; 
VIII - granting of amnesty; 
IX - administrative and judicial organization of the Public Prosecution and the Public Legal Defense of the Union and of the territories, and judicial organization of the Public Prosecution and the Public Legal Defense of the Federal District; 
X - establishment, transformation and extinction of public offices, positions and functions, with observance of the article 84, VI, b;

Text in purple added by CA 32, September 11th 2001.

XI - establishment and extinction of Ministries and bodies of public administration;

Clause XI amended by CA 32, September 11th 2001. The original text mentioned, beside creation and extinction, also the re-structuration of the Administation.

XII - telecommunications and radio broadcasting; 
XIII - financial, foreign exchange and monetary matters, financial institutions and their operations; 
XIV - currency, currency issuance limits, and amount of federal indebtedness.
XV - fixation of remuneration of the Justices of the Supreme Federal Tribunal, with due regard to articles 39, paragraph 4; 150, II; 153, III; and 153, paragraph 2, I.

Clause XV added by CA 41, December 19th 2003. 

Article 49. It is exclusively the competence of the National Congress: 
I - to decide conclusively on international treaties, agreements or international acts which result in charges or commitments that go against the national property; 
II - to authorize the President of the Republic to declare war, to make peace and to permit foreign forces to pass through the national territory or remain therein temporarily, with the exception of the cases provided by a supplementary law; 
III - to authorize the President and the Vice-President of the Republic to leave the country, when such absence exceeds fifteen days; 
IV - to approve a state of defense and federal intervention, authorize a state of siege or suspend any of these measures; 
V - to stop the normative acts of the Executive Power which exceed their regimental authority or the limits of legislative delegation; 
VI - to transfer its seat temporarily; 
VII - to establish identical remuneration for Federal Deputies and Senators, taking into account the provisions of articles 37, XI; 39, paragraph 4; 150, II; 153, III, and 153, paragraph 2, I; 

Clause VII amended by CA 19, June 4th 1998. The original text contained the words "in each legislative term, for the subsequent one". The new text included the references to articles 37 and 39.

VIII -to establish, for each fiscal year, the remuneration of the President and the Vice-President of the Republic and of the Ministers of State, taking into account the provisions of articles 150, II, 153, III, and 153, paragraph 2, I; 

Clause VIII amended by CA 19, June 4th 1998. The new text included the references to articles 37 and 39.

IX - to examine each year the accounts rendered by the President of the Republic and to consider the reports on the execution of Government plans; 
X - to supervise and control directly or through either of its Houses, the acts of the Executive Power, including those of the indirect administration; 
XI - to ensure the preservation of legislative competence in the face of the normative incumbency of the other Powers;
XII - to consider the acts of concession and renewal of concession of radio and television stations; 
XIII - to choose two-thirds of the members of the Court of Accounts of the Union; 
XIV - to approve initiatives of the Executive Power referring to nuclear activities
XV - to authorize a referendum and to call a plebiscite; 
XVI - to authorize, in Indian lands, the exploitation and use of hydric resources and the prospecting and mining of mineral resources 
XVII - to give prior approval to the disposal or concession of public lands with an area of over two thousand and five hundred hectares.

Article 50. The Chamber of Deputies and the Federal Senate, or any of their committees, may summon a Minister of State or any chief officers of agencies directly subordinate to the Presidency of the Republic to personally render information on a previously determined matter, and absence without adequate justification shall constitute a crime of malversation.

Text in purple added by CA of Revision 2, June 7th 1994.

Paragraph 1 - The Ministers of State may attend the Federal Senate, the Chamber of Deputies or any of their committees, on their own initiative and by agreement with the respective Directing Board, to report on a matter of relevance to their Ministry. 
Paragraph 2 - The Directing Boards of the Chamber of Deputies and of the Federal Senate may forward to the Ministers of State, or any of the persons mentioned in the caption of this article, written requests for information, and refusal or non-compliance, within a period of thirty days, as well as the rendering of false information, shall constitute a crime of malversation.

Text in purple added by CA of Revision 2, June 7th 1994.

SECTION III - THE CHAMBER OF DEPUTIES

Article 51. It is exclusively the competence of the Chamber of Deputies: 
I - to authorize, by two-thirds of its members, legal proceeding to be initiated against the President and the Vice-President of the Republic and the Ministers of State; 
II - to effect the taking of accounts of the President of the Republic, when they are not presented to the National Congress within sixty days of the opening of the legislative session; 
III - to draw up its internal regulations; 
IV - to provide for its organization, functioning, police, creation, transformation or extinction of offices, positions and functions of its services, and the initiative of law for the establishment of their respective remuneration, taking into account the guidelines set forth in the law of budgetary directives; 

Paragraph 4 amended by CA 19, June 4th 1998. Before this Amendment, the Chamber had autonomy to determine its own salaries, by means of a legislative decree, regardless of approval by the President of the Republic. After the Amendment, the salaries are determined by a law, which require approval by the President of the Republic.

V - to elect the members of the Council of the Republic, in the manner prescribed by article 89. VII. 

SECTION IV - THE FEDERAL SENATE

Article 52. It is exclusively the competence of the Federal Senate: 
I - to effect the legal proceeding and trial of the President and Vice-President of the Republic for crime of malversation, as well as the Ministers of State and the Commanders of Navy, Army and Air Force for crimes of the same nature relating to those; 

Text in purple added by CA 23, September 2nd 1999.

II - to effect the legal proceeding and trial of the Justices of the Supreme Federal Court, the members of the National Council of Justice and of the National Council of Public Prosecution, the Attorney-General of the Republic and the Advocate-General of the Union for crimes of malversation; 

Text in purple added by CA 45, December 8th 2004. That Amendment was called Reform of the Judiciary Power (see articles 92 to 135 of this Constitution); among many other acts, that Amendment created the National Council of Justice and the National Council of the Public Prosecution.

III - to give prior consent, by secret voting, after public hearing, on the selection of: 
a) judges, in the cases established in this Constitution; 
b) Justices of the Court of Accounts of the Union appointed by the President of the Republic; 
c) Governor of a territory; 
d) president and directors of the Central Bank; 
e) Attorney-General of the Republic;
f) holders of other offices, as the law may determine; 
IV - to give prior approval, by secret voting, after closed hearing, on the selection of heads of permanent diplomatic missions: 
V - to authorize foreign transactions of a financial nature, of the interest of the Union, the States, the Federal District, the territories and the municipalities; 
VI - to establish, as proposed by the President of the Republic, total limits for the entire amount of the consolidated debt of the Union, the States, the Federal District and the municipalities; 
VII - to provide for the total limits and conditions for foreign and domestic credit transactions of the Union, the States, the Federal District and the municipalities, of their autonomous Government entities and other entities controlled by the Federal Government; 
VIII - to provide for limits and conditions for the concession of a guarantee by the Union in foreign and domestic credit transactions; 
IX - to establish total limits and conditions for the entire amount of the debt of the States, the Federal District and the municipalities; 
X - to stop the application, in full or in part, of a law declared unconstitutional by final decision of the Supreme Federal Court; 
XI - to approve, by absolute majority and by secret voting, the removal from office of the Attorney-General of the Republic before the end of his term of office; 
XII - to draw up its internal regulations; 
XIII - to provide for its organization, functioning, police, creation, transformation or extinction of offices, positions or functions of its services and the initiative of law for establishment of their respective remuneration, taking into account the guidelines established in the law of budgetary directives; 

Clause XIII amended by CA 19, June 4th 1998. Before this Amendment, the Senate had autonomy to determine its own salaries, by means of a legislative decree, regardless of approval by the President of the Republic. After the Amendment, the salaries are determined by a law, which require approval by the President of the Republic.

XIV - to elect the members of the Council of the Republic, as established in article 89, VII. 

XV - evaluate periodically the functionality of the National Tax System, its structure and components, and the performance of the tax administrations of the Union, States, Federal District and municipalities.

Item XV included by CA nr. 42, Dec. 19th 2003.

Sole paragraph - In the cases provided for in items I and II, the Chief Justice of the Supreme Federal Court shall act as President and the sentence, which may only be issued by two-thirds of the votes of the Federal Senate, shall be limited to the loss of office with disqualification to hold any public office for a period of eight years, without prejudice to other applicable judicial sanctions.

SECTION V - DEPUTIES AND SENATORS

Article 53. The Deputies and Senators enjoy inviolability, both civil and penal, on account of any of their opinions, words and votes.

Article 53 amended by CA 35, December 20th 2001. The original text read: "The Deputies and Senators enjoy inviolability on account of their opinions, words and votes."
This Amendment changed entirely the article 53 (and only this article), to diminish the immunities of Congressmen. Shortly before the Amendment, a few Deputies used their immunities as shield against crimes; most notorious case was a Deputy from Acre who used to saw their enemies alive.

Paragraph 1 -Deputies and Senators, from the date of issuance of the electoral diploma, will be tried before the Supreme Federal Court.

Paragraph 1 amended by CA 35, December 20th 2001. In Brazil, a diploma is issued to certify that a candidate won an election. President Lula, in some occasions, declared to be proud of having received as his first diploma the Diploma of President of the Republic.

Paragraph 2 - From the date of the issuance of the electoral diploma, the members of the National Congress may not be arrested, except in flagrante delicto of an umbailable crime. In such case, the case records shall be remitted within twenty four hour to the respective House which, by vote of the majority of their members, shall decide about the prison.

Text in purple added by CA 35, December 20th 2001. Original text read: "nor may they be criminally prosecuted, without prior authorization by the respective House." 

Paragraph 3 - After accepting the indiction against Deputy or Senator, for crimes occurred after the issuance of the diploma, the Supreme Federal Court shall communicate the respective House which, by initiative of a Political Party with representation in the House and by the vote of the majority of its Members, may, until the final decision, suspend the progress of the case.

Paragraph 3 amended by CA 35, December 20th 2001.

Paragraph 4 - The request of suspension shall be examined by the respective House within fourty five days, non extendable, counted from the reception by the Directory Board.

Paragraph 5 - The suspension of the case stops the prescription of the crime, while the office lasts.

Paragraph 3 amended by CA 35, December 20th 2001.

Paragraph 6 - The Deputies and Senators shall not have the obligation to render testimony or information received or given by virtue of the exercise of their mandate, nor against persons who rendered them information or received information from them. 
Paragraph 7 - Incorporation into the Armed Forces of Deputies and Senators even if they hold military rank and even in time of war shall depend upon theca previous granting of permission by the respective House. 
Paragraph 8 - The immunities of Deputies and Senators shall be maintained during a state of siege and may only be suspended by the vote of two-thirds of the members of the respective House, in the case of acts committed outside the premises of Congress, which are not compatible with the implementation of such measure. 

Article 54. Deputies and Senators may not: 
I - after the issuance of their certificate of electoral victory: 
a)sign or maintain a contract with a public legal entity, autonomous Government agency, public company, mixed-capital company or public utility company, unless the contract is in accordance with uniform clauses; 
b) accept or hold a paid office, function or position including those from which they may be dismissed ad nutum in the entities mentioned in the preceding subitem; 
II - after taking office: 
a) be the owners, controllers or directors of a company which enjoys benefits arising from a contract with a public legal entity or perform a remunerated position therein; 
b) hold an office or function from which they may be dismissed ad nutum, in the entities mentioned in item I, a; 
c) act as lawyer in a cause in which any of the entities referred to in item I, a, has an interest; 
d) be the holders of more than one public elective position or office.

Article 55. A Deputy or Senator shall lose his office: 
I - if he violates any of the prohibitions established in the preceding article; 
II - if his conduct is declared incompatible with parliamentary decorum; 
III - if he fails to appear, in each legislative session, at one-third of the regular sessions of the House to which he belongs, except for a leave of absence or a mission authorized by the House concerned: 
IV - if his political rights have been lost or suspended; 
V - whenever decreed by the Electoral Courts, in the cases established in this Constitution; 
VI - if he is criminally convicted by a final and unappealable sentence.
Paragraph 1 - Abuse of the prerogatives ensured to a Congressman or the gaining of undue advantages, in addition to the cases defined in the internal regulations, is incompatible with parliamentary decorum. 
Paragraph 2 - In the cases of items I, II and VI, loss of office shall be declared by the Chamber of Deputies or the Federal Senate, by secret voting and absolute majority, on the initiative of the respective Directing Board or of a political party represented in the National Congress, full defense being ensured. 
Paragraph 3 - In the cases set forth in items III to V, the loss shall be declared by the Directing Board of the respective House, ex officio or upon the initiative of any of its members, or of a political party represented in the National Congress, full defense being ensured. 
Paragraph 4 - The resignation of a Congressman submitted to a legal suit that aims at or may lead to loss of mandate, under the provisions of this article, will have its effects suspended until the final deliberations mentioned in paragraphs 2 and 3.

Paragraph 4 added by CA of Revision 6, June 7th 1994. Notice that, if a Congressman resigns before the legal suit, he retains all his political rights, and is entitled for a new office right in the next election. This method has been used by a few Deputies and Senators who are sure to be condemned by an ethical commission; they resigned and were re-elected afterwards.

Article 56. A Deputy or Senator shall not lose his office: 
I - if vested with the office of Minister of State, Governor of a territory, Secretary of a State, of the Federal District, of a territory, of a State capital or head of a temporary diplomatic mission; 
III - if on leave of absence from the respective House, by virtue of illness or, without remuneration, to attend to private matters, provided that, in this case, the absence does not exceed one hundred and twenty days per legislative session. 
Paragraph 1. The substitute shall be called in cases of vacancy, of investiture in the functions set forth in this article or of leave of absence exceeding one hundred and twenty days. 
Paragraph 2 - Upon the occurrence of a vacancy and there being no substitute, if more than fifteen months remain before the end of the term of office, an election shall be held to fill it. 
Paragraph 3 - In the event of item I, the Deputy or Senator may opt for the remuneration of the elective office.

SECTION VI - THE SESSIONS

Article 57. The National Congress shall meet each year in the Federal Capital, from February 2nd to July 17th and from August 1st to December 2nd. 

Article 57 amended by CA 50, February 14th 2006. This CA extended the period the Parliament should meet. Former text read: "The National Congress shall meet each year in the Federal Capital, from February 15th to June 30th and from August 1st to December 15th."

Paragraph 1 - If sessions scheduled for these dates fall on a Saturday, a Sunday or a holiday, they shall be transferred to the subsequent workday. 
Paragraph 2 - The legislative session shall not be interrupted before the approval of the bill of budgetary directives .
Paragraph 3 - In addition to other cases provided for in this Constitution the Chamber of Deputies and the Federal Senate shall meet in a joint session to:
I - inaugurate the legislative session; 
II - draw up the common regulations and regulate the creation of services common to both Houses;
III - take the oath of the President and of the Vice-President of the Republic; 
IV - acknowledge a veto and resolve thereon. 
Paragraph 4 - Each of the Houses shall meet in a preparatory session, beginning February 1 of the first year of the legislative term, for the installation of its members and the election of the respective Directing Boards, for a term of office of two years, the re-election to the same office in the immediately subsequent election being prohibited. 

Paragraph 4 amended by CA 50, February 14th 2006. Original text read "Both Houses", meaning that Deputies and Senators should meet jointly; with the new text, the members of each House will meet independently.

Paragraph 5 - The Directing Board of the National Congress shall be presided by the President of the Federal Senate and the remaining offices shall be held, alternately, by the holders of equivalent offices in the Chamber of Deputies and in the Federal Senate. 
Paragraph 6 - Special sessions of the National Congress shall be called: 
I - by the President of the Federal Senate, in the event of a decree of a state of defense or of federal intervention, of a demand for the authorization to decree a state of siege and the taking of oath and inauguration of the President and the Vice-President of the Republic;
II - by the President of the Republic, by the Presidents of the Chamber of Deputies and of the Federal Senate or by request of the majority of the members of both Houses, in case of urgency or important public interest, in any case with the approval by the absolute majority of each of the Houses of the National Congress. 

Words in purple added by CA 50, February 14th 2006.

Paragraph 7 - In a special legislative session, the National Congress shall deliberate only upon the matter for which it was called, excepted the hypothesis of paragraph 8, the payment of indemnization on account of the calling being forbidden.

Text in purple added by CA 32, September 11th 2001, and later altered by CA 50, February 14th 2006. 
It used to be the case that, to work in special legislative sessions, Congressmen were paid an 'indemnization' substiantially higher than normal salaries; CA 32 limited the indemnization to one normal monthly salary; CA 50 abolished the indemnization altogether (Congressmen receive only normal salaries).

Paragraph 8 - If provisional measures are in force during the period of special legislative session of the National Congress, they shall be automatically included in the voting list.

Paragraph 8 added by CA 32, September 11th 2001. 

SECTION VII - THE COMMITTEES

Article 58. The National Congress and both its Houses shall have permanent and temporary committees, established in the manner and with the incumbencies set forth in the respective regulations or in the act from which their creation 
Paragraph 1. In the composition of the Directing Boards and of each committee, the proportional representation of the parties or the parliamentary groups which participate in the respective House shall be ensured to the extent possible. 
Paragraph 2 - The committees have the power, on account of the matter under their authority. 
I - to debate and vote on bills of law which, in accordance with the regulations, are exempt from being submitted to the Plenary Assembly, except in the event of an appeal from one-tenth of the members of the respective House;
II - to hold public audiences with entities of civil society; 
III - to summon Ministers of State to render information on matters inherent to their duties; 
IV - to receive petitions, claims, statements or complaints from any person against acts or omissions of Government authorities or entities; 
V - to request the testimony of any authority or citizen; 
VI - to examine construction work programs and national, regional and sectorial development plans and to report thereupon.
Paragraph 3 - Parliamentary inquiry committees, which shall have the powers of investigation inherent to the judicial authorities, in addition to other powers set forth in the regulations of the respective Houses, shall be created by the Chamber of Deputies and by the Federal Senate, jointly or separately, upon the request of one-third of its members, to investigate a given fact and for a certain period of time? and their conclusions shall, if the case may be, be forwarded to the Public Prosecution to determine the civil or criminal liability of the offenders. 
Paragraph 4 - During recess there shall be a committee to represent the National Congress, elected by both its Houses in the last regular session of the legislative session, with incumbencies defined in the common regulations, the composition of which shall repeat, to the extent possible, the proportional representation of the political parties.