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Article 59. The legislative process comprises the preparation of:
I - amendments to the Constitution;
II - supplementary laws;
III - ordinary laws;
IV - delegated laws;
V - provisional measures;
VI - legislative decrees;
Sole paragraph - A supplementary law shall provide for the preparation, drafting, amendment and consolidation of laws.

SUBSECTION II - AMENDMENTS TO THE CONSTITUTION

Article 60. The Constitution may be amended on the proposal of:
I - at least one-third of the members of the Chamber of Deputies or of the Federal Senate;
II - the President of the Republic;
III - more than one half of the Legislative Assemblies of the units of the Federation, each of them expressing itself by the relative majority of its members.
Paragraph l - The Constitution shall not be amended while federal intervention, a state of defense or a state of siege is in force.
Paragraph 2 - The proposal shall be discussed and voted upon in each House of the National Congress, in two readings, and it shall be considered approved if it obtains in both readings, three-fifths of the votes of the respective members.
Paragraph 3 - An amendment to the Constitution shall be promulgated by the Directing Boards of the Chamber of Deputies and the Federal Senate with the respective sequence number.
Paragraph 4 - No proposal of amendment shall be considered which is aimed at abolishing:
I - the federative form of State;
II - the direct, secret, universal and periodic vote;
III - the separation of the Government Powers;
IV - individual rights and guarantees.
Paragraph 5 - The matter dealt with in a proposal of amendment that is rejected or considered impaired shall not be the subject of another proposal in the same legislative session.

SUBSECTION III - THE LAWS

Article 61. The initiative of supplementary and ordinary laws is within the competence of any member or committee of the Chamber of Deputies and the Federal Senate or the National Congress, the President of the Republic, the Supreme Federal Court, the Superior Courts, the Attorney-General of the Republic and the citizens, in the manner and in the cases provided for in this Constitution.
Paragraph 1 - It is the exclusive initiative of the President of the Republic to introduce laws that:
I - determine or modify the number of Armed Forces troops;
II - provide for:
a) creation of public offices, functions or positions in the direct administration and in autonomous Government agencies or increases in their salaries;
b) administrative and judicial organization, tax and budgetary matters, public services and administrative personnel of the territories;
c) civil servants of the Union and Territories, their legal statute, appointment to offices, tenure and retirement;

Letter c amended by CA 18, February 5th 1998. The original text contained references to the militaries, which are now referred to in the letter f.

d) organization of the Public Prosecution and of the Public Legal Defense of the Union, as well as general rules for the organization of the Public Prosecution and the Public Legal Defense of the states, the Federal District and the territories;
e) creation and extinction of the Ministries and public administration agencies, with due regard to the article 84, VI;

Letter e amended by CA 18, February 5th 1998. The original text read "creation, structuring and duties of the Ministries and public administration agencies;"

f) military of the Armed Forces, their legal statute, appointment to offices, promotions, tenure, remuneration, retirement, and transfer to the reserve.

Letter f added by CA 18, February 5th 1998.

Paragraph 2 - The initiative of the people may be exercised by means of the presentation to the Chamber of Deputies of a bill of law subscribed by at least one percent of the national electorate, distributed throughout at least five states, with not less than three-tenths of one percent of the voters in each of them.

Article 62. In important and urgent cases, the President of the Republic may adopt provisional measures with the force of law and shall submit them to the National Congress immediately.

Article 62 entirely changed by CA 32, September 11th 2001. Read comments at the end of the article.

Paragraph 1. No provisional measures should treat about matters:
I - relative to:
a) nationality, citizenship, political rights, political parties and electoral rights;
b) criminal laws, criminal process and civil process; c) organization of Judiciary Power, Public Prosecution, the career and guarantees of their members;
d) pluriannual plans, budgetary directives, annual budgetary law, aditional and supplementary credits, except what is mentioned on art. 167, paragraph 3;
II - which refer to levy or retetion of assets, popular savings or any other financial assets;
III - reserved to supplementary laws;
IV - already disciplined by a law approved by Congress and awaiting sanction or veto by the President;

Paragraph 2. Provisional measures which institute or increase taxes, except for the cases mentioned on arts. 153, I, II, IV, V and 154, II, will produce efects in the following financial exercize only if converted into law until the last day of the year in which it was issued.

Paragraph 3. Provisional measures, except for those mentioned on articles 11 and 12, will loose eficacy, since back to the issuing date, if not converted into laws within sixty days, extendable, once, according to the disposed on paragraph 7, for the same period of time, being up to the Congress to discipline, by means of a Legislative Decree, the juridic relations resulting of them

Paragraph 4. The period mentioned on paragraph 3 will be counted from the date of publication of the provisional measure, being suspended during the periods of recess of the Congress.

Paragraph 5. The deliberation of each House of Congress about the merit of provisional measures will depend on previous judgement on the meeting of the constitutional pre-conditions of admissibility;

Paragraph 6. If the provisional measure is not appreciated in the 45 days after publication, it will gain urgency regime status, subsequently, in each of the Houses of Congress, being postponed, until the end of its appreciation, all the other legislative deliberations of the House in which it is being examined.

Paragraph 7. The validity of a provisional measure will be extended once, for the same period, if, after sixty days counted from the publication, its appreciation is not concluded on both Houses of Congress.

Paragraph 8. Provisional measures will be voted first by the Chamber of Deputies.

Paragraph 9. It will be up to a Committee composed by Deputies and Senators to examin the provisional measures and to issue an opinion about them, before being voted, in separated sessions, by the plenarium of each House of Congress.

Paragraph 10. Provisional measures which were rejected or had lost efficacy can not be reissued in the same legislative session.

Paragraph 11. If the legislative decree mentioned on paragraph 3 is not edited within sixty days after rejection or decay of provisional measure, the juridic relations constituted and consequential of acts practiced during its validity will remain regulated by them.

Paragraph 12. If the draft of law of conversion changing the original text of provisional measure is approved, the measure will remain in full force until being sanctioned or vetoed by the President.

Article 62 entirely changed by CA 32, September 11th 2001. This article used to have only the caput and one short paragraph; the CA changed the caput and original paragraph, and added eleven paragraphs. However, it became a consensus that the Executive Power had been given excessive powers to use Provisional Measures, and was misusing those powers. It became a common practice, for example, that the President of the Republic issued a provisional measure and, on expiration, re-issued it with exactly the same text; the measure which instituted the Real Plan, for example, was re-issued over eighty months; in practice, the Executive was legislating, withouth the participation of the Legislative. The CA 32 intended to rectify these problems.

Article 63. An increase in expenditure proposals shall not be admitted: I - in bills of the exclusive initiative of the President of the Republic, except for the provisions of article 166, paragraphs 3 and 4;
III - in bills concerning theca organization of the administrative services of the Chamber of Deputies, the Federal Senate, the Federal Courts and the Public Prosecution.

Article 64. The discussion and voting of the bills of law which are the initiative of the President of the Republic, the Supreme Federal Court and of the Superior Courts shall start in the Chamber of Deputies.
Paragraph 1 - The President of the Republic may request urgency in the examination of bills of his own initiative.
Paragraph 2 - If, in the case of the preceding paragraph, the Chamber of Deputies and the Federal Senate fail to act, each one, successively on the proposition, within up to forty-five days, the deliberation upon other subjects shall be suspended, except for those which have specific Constitutional deadlines, in order that the voting may be concluded.

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

Paragraph 3 - Amendments of the Federal Senate shall be examined by the Chamber of Deputies within a period of ten days, in accordance, otherwise. with the provisions of the preceding paragraph.
Paragraph 4 - The periods of time referred to in paragraph 2 shall not be counted while the Congress is in recess and shall not apply to the bills of codes.

Article 65. A bill of law approved by one House shall be reviewed by the other in a single reading of discussing and voting and sent for sanctioning or promulgation, if approved by the reviewing House, or it shall be dismissed, if rejected.
Sole paragraph - If the bill is amended, it shall return to the House where it was proposed.

Article 66. The House in which voting is concluded shall send the bill of law to the President of the Republic, who, if he concurs, shall sanction it.
Paragraph 1 - If the President of the Republic considers the bill of law, wholly or in part, unconstitutional or contrary to public interest, he shall veto it, wholly or in part, within fifteen work days, counted from the date of receipt and he shall, within forty-eight hours, inform the President of the Senate of the reasons of his veto.
Paragraph 2 - A partial veto shall only comprise the full text of an article, paragraph, item or subitem.
Paragraph 3 - After a period of fifteen days, the silence of the President of the Republic shall be considered as sanctioning.
Paragraph 4 - The veto shall be examined in a joint session, within thirty days, counted from the date of receipt, and may only be rejected by the absolute majority of the Deputies and Senators, by secret voting.
Paragraph 5 - If the veto is not upheld, the bill shall be sent to the President of the Republic for promulgation.
Paragraph 6 - If the period established in paragraph 4 elapses without a decision being reached, the veto shall be included in the order of the day of the following session, and all other propositions shall be suspended until its final voting.

Paragraph 6 was changed by CA 32, September 11th 2001. The original text contained the expression: "except for the matters referred to in article 62, sole paragraph."

Paragraph 7 - If, in the cases of paragraphs 3 and 5, the law is not promulgated within forty-eight hours by the President of the Republic, the President of the Senate shall enact it and if the latter fails to do so within the same period, the Vice-President of the Senate shall do so.

Article 67. The matter dealt with in a rejected bill of law may only be the subject of a new bill during the same legislative session, upon proposal of the absolute majority of the members of either House of the National Congress.

Article 68. Delegated laws shall be drawn up by the President of the Republic, who shall request delegation from the National Congress.
Paragraph 1 - There shall be no delegation of acts falling within the exclusive competence of the National Congress, of those within the exclusive competence of the Chamber of Deputies or the Federal Senate, of matters reserved for supplementary laws and of legislation on:
I - the organization of the Judicial Power and of the Public Prosecution, the career and guarantees of their members; II - nationality, citizenship, individual, political and electoral rights, III - pluriannual plans, budgetary directives and budgets.
Paragraph 2 - The delegation to the President of the Republic shall take the form of a resolution of the National Congress, which shall specify its contents and the terms of its exercise.
Paragraph 3 - If the resolution calls for consideration of the bill by the National Congress, the latter shall do so in a single voting, any amendment being forbidden.

Article 69. Supplementary laws shall be approved by absolute majority.

SECTION IX - ACCOUNTING, FINANCIAL AND BUDGETARY CONTROL

Article 70. Control of accounts, finances, budget, operations and property of the Union and of the agencies of the direct and indirect administration, as to lawfulness, legitimacy, economic efficiency, application of subsidies and waiver of revenues, shall be exercised by the National Congress, by means of external control and of the internal control system of each Power.
Sole paragraph - Accounts shall be rendered by any individual or corporation, public or private, which uses, collects, keeps, or manages public monies, assets or values, or those for which the Union is responsible or which, on behalf of the Union, assumes obligations of a pecuniary nature.

Paragraph amended by CA 19, June 4th 1998. Original text made references only to public entities: "Accounts shall be rendered by any individual or public entity which uses, ...". Big corporations like Banco do Brasil or Petrobrás always rendered accounts; the amendment came because of some bodies of private nature which depend solely on funds remitted by the Union, like, for example, SESI (Social Service of the Industry).

Article 71. External control, incumbent on the National Congress, shall be exercised with the aid of the Federal Court of Accounts, which shall:
I - examine the accounts rendered annually by the President of the Republic, by means of a prior opinion which shall be prepared in sixty days counted from receipt;
II - evaluate the accounts of the administrators and other persons responsible for public monies, assets and values of the direct and indirect administration, including foundations and companies instituted and maintained by the Federal Government as well as the accounts of those who have caused a loss, misplacement or other irregularity resulting in losses to the public treasury:
III - examine, for the purpose of registration, the lawfulness of acts of admission of personnel, on any account, in the direct and indirect administration, including the foundations instituted and maintained by the Federal Government, with the exception of the appointments to commission offices, as well as the granting of civil and military retirement and pensions, except for subsequent improvements which do not alter the legal fundaments of the conceding act;
IV - carry out, on its own initiative or on that of the Chamber of Deputies, of the Federal Senate, or of a technical or inquiry committee, inspection and audits of an accounting, financial, budgetary, operational or property nature in the administrative units of the Legislative, Executive and Judicial Powers and other entities referred to in item II;
V - control the national accounts of supranational companies in whose capital stock the Union holds a direct or indirect interest, as set forth in the acts of incorporation:
VI - control the use of any funds transferred by the Union, by means of an agreement, arrangement, adjustment or any other similar instrument, to a state, the Federal District or a municipality;
VII - render the information requested by the National Congress, by either of its Houses or by any of the respective committees concerning accounting, financial, budgetary, operational and property control and the results of audits and inspections made;
VIII - in case of illegal expenses or irregular accounts, apply to the responsible parties the sanctions provided by law, which shall establish, among other comminations, a fine proportional to the damages caused to the public treasury;
IX - determine a period of time for the agency or entity to take the necessary steps for the strict compliance with the law, if an illegality is established; X - if not heeded, stop the execution of the impugned act, notifying the Chamber of Deputies and the Federal Senate of such decision;
XI - present a formal charge to the competent Power on any irregularities or abuses verified.
Paragraph 1 - In the case of a contract, the restraining act shall be adopted directly by the National Congress, which shall immediately request the Executive Power to take the applicable measures.
Paragraph 2 - If the National Congress or the Executive Power, within ninety days, do not take the measures provided for in the preceding paragraph. the Court shall decide on the matter.
Paragraph 3 - Decisions of the Court resulting in the imposition of a debt or fine shall have the effectiveness of an execution instrument.
Paragraph 4 - The Court shall, quarterly and annually, forward to the National Congress a report on its activities.

Article 72. In view of indications of unauthorized expenditure, even if in the form of non-programmed investments or non-approved subsidies, the permanent joint Committee referred to in article 166, paragraph 1, may request the responsible Government authority to render the necessary explanation, within five days.
Paragraph 1 - If the explanations are not rendered or are considered insufficient, the Committee shall request the Court to make a conclusive statement on the matter within thirty days.
Paragraph 2 - If the Court deems the expense to be irregular, the Committee shall, if it considers that the expenditure may cause irreparable damage or serious injury to the public economy, propose to the National Congress that it be suspended.

Article 73. The Court of Accounts of the Union, formed by nine Justices, shall have its seat in the Federal District, its own staff and jurisdiction throughout the national territory, and shall exercise, insofar as pertinent, the incumbencies provided for in article 96.
Paragraph 1. The Justices of the Court of Accounts of the Union shall be appointed from among Brazilians who meet the following requirements:
I - more than thirty-five and less than sixty-five years of age;
II - moral integrity and spotless reputation;
III - notable knowledge of the law, accounting, economics and finances or of public administration;
IV - more than ten years of exercise of office or of actual professional activity which requires the knowledge mentioned in the preceding item.
Paragraph 2 - The Justices of the Court of Accounts of the Union shall be chosen:
I - one-third by the President of the Republic with the approval of the Federal Senate, two of them being alternately chosen from among auditors and members of the Public Prosecution at the Court, as indicated in a triple list by the Court, in accordance with criteria of seniority and merit:
II - two-thirds by the National Congress.
Paragraph 3 - The Justices of the Court of Accounts of the Union shall have the same guarantees, prerogatives, impediments, remuneration and advantages as the Justices of the Superior Court of Justice, their retirement and pensions being regulated by the norms provided for in article 40.

Text in purple amended by CA 20, December 15th 1998. Original text read: " and may only retire with the advantages of the office if they have actually held it for more than five years."

Paragraph 4 - The auditor, when substituting for a Justice, shall have the same guarantees and impediments as the incumbent Justice, and, when in exercise of the other duties of the judicature, those of a Judge of a Federal Regional Court.

Article 74. The Legislative, Executive and Judicial Powers shall maintain an i ntegrated system of internal control for the purpose of:
I - evaluating the attainment of the goals established in the pluriannual plan, the implementation of government programmes and of the budgets of theca Union:
II - verifying the lawfulness and evaluating the results, as to effectiveness and efficiency, of the budgetary, financial and property management in the agencies and entities of the federal administration, as well as the use of public funds by private legal entities;
III - exercising control over credit transactions, collateral signatures and guarantees, as well as over the rights and assets of the Union;
IV - supporting external control in the exercise of its institutional mission.
Paragraph 1. The persons responsible for internal control shall, upon learning of any irregularity or illegality, inform the Court of Accounts of the Union about it, subject to joint liability.
Paragraph 2 - Any citizen, political party. association or labour union has standing under the law to denounce irregularities or illegalities to the Court of Accounts of the Union.

Article 75. The rules set forth in this section shall apply, where appropriate, to the organization, composition and control of the Court of Accounts of the states and of the Federal District, as well as the Courts and Councils of Accounts of the municipalities.
Sole paragraph - The state Constitutions shall provide for the respective Courts of Accounts, which shall be formed by seven council members.

CHAPTER II - THE EXECUTIVE POWER

SECTION I - THE PRESIDENT AND THE VICE PRESIDENT OF THE REPUBLIC

Article 76. The Executive Power is exercised by the President of the Republic, assisted by the Ministers of State.

Article 77.
The election of the President and Vice-President of the Republic shall take place simultaneously, on the first Sunday of October, in the first round, and on the last Sunday of October, in the second round, as the case may be, of the year preceding the one in which the current presidential term of office ends.

Article 77 amended by CA 16, June 4th 1997. This Amendment instituted the possibility of re-election of the President and, as far as this article is concerned, changed the dates of elections. See article 14, paragraph 5.

Paragraph 1. The election of the President of the Republic shall imply the election of the Vice-President registered with him.
Paragraph 2 - The candidate who, being registered by a political party, obtains an absolute majority of votes, not counting blank or void votes, shall be considered elected President.
Paragraph 3 - If no candidate attains an absolute majority in the first voting, another election shall be held within twenty days from the announcement of the results, the competition being between the two candidates with the highest number of votes, and being considered elected the candidate with the majority of valid votes.
Paragraph 4 - Should one of the candidates, before the second round of voting is held, die, withdraw or become legally impaired, the candidate with the highest number of votes among the remaining candidates shall be called.
Paragraph 5 - If in the event of the preceding paragraphs, more than one candidate with an equal number of votes remain in second place, the eldest one shall qualify.

Article 78. The President and the Vice-President of the Republic shall take office in a session of the National Congress, pledging to maintain, defend and carry out the Constitution, obey the laws, promote the general well-being of the Brazilian people, sustain the union, the integrity and the independence of Brazil.
Sole paragraph - In the event that, after ten days from the date scheduled for the inauguration, the President or the Vice-President, except by reason of force majeure has not taken office. the office shall be declared vacant.

Article 79. The Vice-President shall replace the President in the event of impediment and shall succeed him in the event of vacancy.
Sole paragraph - In addition to other duties attributed to him by a supplementary law, the Vice-President shall assist the President whenever summoned by him for special missions.

Article 80. In the event of impediment of the President and of the Vice- President or of vacancy of the respective offices, the President of the Chamber of Deputies, the President of the Senate and the Chief Justice of the Supreme Federal Court shall be called successively to exercise the Presidency.

Article 81. In the event of vacancy of the offices of President and Vice-President of the Republic, elections shall be held ninety days after the occurrence of the last vacancy.
Paragraph 1 - If the vacancy occurs during the last two years of the President's term of office, the National Congress shall hold elections for both offices thirty days after the last vacancy. as established bv law.
Paragraph 2 - In any of the cases, those elected shall complete the term of office of their predecessors.

Article 82. The term of office of the President of the Republic is four years, and it shall commence on January 1 of the year following the year of his election.

Article 82 amended by CA 16, June 4th 1997. See article 14, paragraph 5.

Article 83. The President and the Vice-President of the Republic may not, without authorization from the National Congress, leave the country for a period of more than fifteen days, subject to loss of office.

SECTION II - DUTIES OF THE PRESIDENT OF THE REPUBLIC

Article 84. The President of the Republic shall have the exclusive power to:
I - appoint and dismiss the Ministers of State:
II - exercise, with the assistance of the Ministers of State, the higher management of the federal administration;
III - start the legislative procedure, in the manner and in the cases set forth in this Constitution;
IV - sanction, promulgate and order the publication of laws, as well as to issue decrees and regulations for the true enforcement thereof;
V - veto bills, wholly or in part;
VI - provide, by means of decree, on:
a) organization and structure of federal administration, in the cases where there is neither increase of expenses nor creation or extinction of public agencies;
b) extinction of offices or positions, when not held.

Clause VI amended by CA 32, September 11th 2001. Original text was: "provide for the organization and operation of the federal administration, as established by law;".

VII - maintain relations with foreign States and to accredit their diplomatic representatives;
VIII - conclude international treaties, conventions and acts, ad referendum of the National Congress;
IX - decree the state of defense and the state of siege;
X - decree and enforce federal intervention;
XI - upon the opening of the legislative session, send a government message and plan to the National Congress, describing the state of the nation and requesting the actions he deems necessary;
XII - grant pardons and reduce sentences, after hearing the entities instituted by law, if necessary;
XIII - exercise the supreme command of the Armed Forces, appoint the commanders of Navy, Army and Air Force, to promote general officers and to appoint them to the offices held exclusively by them;

Clause XIII amended by CA 23, September 2nd 1999. Cosmetic change. This CA created the Minister of Defense, extinguishing the Ministers of Navy, Army and Air Force and creating the respective Commanders. This article was issued to preserve the direct subordination of the Commanders to the President of the Republic, instead of the Minister of Defense (a civilian).

XIV - appoint, after approval by the Senate, the Justices of the Supreme Federal Court and those of the superior courts, the Governors of the territories, the Attorney-General of the Republic, the President and the Directors of the Central Bank and other civil servants, when established by law;
XV - appoint, with due regard for the provisions of article 73, the Justices of the Federal Court of Accounts;
XVI - appoint judges in the events established by this Constitution and the Advocate-General of the Union;
XVII - appoint members of the Council of the Republic, in accordance with article 89, VII;
XVIII - call and preside over the Council of the Republic and the National Defense Council;
XIX - declare war, in the event of foreign aggression, authorized by the National Congress or confirmed by it, whenever it occurs between legislative sessions and, under the same conditions, to decree full or partial national mobilization;
XX - make peace, authorized or confirmed by the National Congress;
XXI - award decorations and honorary distinctions;
XXII - permit, in the cases set forth by supplementary law, foreign forces to pass through the national territory, or to remain temporarily therein;
XXIII - submit to the National Congress the pluriannual plan, the bill of budgetary directives and the budget proposals set forth in this Constitution;
XXIV - render, each year, accounts to the National Congress concerning the previous fiscal year, within sixty days of the opening of the legislative session;
XXV - fill and abolish federal government positions, as set forth by law;
XXVI - issue provisional measures, with force of law, according to article 62;
XXVII - perform other duties set forth in this Constitution.
Sole paragraph - The President of the Republic may delegate the duties mentioned in items VI, XII and XXV, first part, to the Ministers of State, to the Attorney-General of the Republic or to the Advocate-General of the Union, who shall observe the limitations established in the respective delegations.

SECTION III - LIABILITY OF THE PRESIDENT OF THE REPUBLIC

Article 85. Those acts of the President of the Republic which attempt on the Federal Constitution and especially on the following, are crimes of malversation:
I - the existence of the Union;
II - the free exercise of the Legislative Power, the Judicial Power, the Public Prosecution and the constitutional Powers of the units of the Federation;
III -the exercise of political, individual and social rights;
IV - the internal security of the country;
V - probity in the administration;
VI - the budgetary law;
VII - compliance with the laws and with court decisions.
Sole paragraph. These crimes shall be defined in a special law, which shall establish the rules of procedure and trial.

Article 86. If charges against the President of the Republic are accepted by two-thirds of the Chamber of Deputies, he shall be submitted to trial before the Supreme Federal Court for common criminal offenses or before the Federal Senate for crimes of malversation.
Paragraph 1 - The President shall be suspended from his functions: I - in common criminal offenses, if the accusation or the complaint is received bv the Federal Supreme Court;
II - in the event of crimes of malversation, after the proceeding is instituted bv the Federal Senate.
Paragraph 2 - If, after a period of one hundred and eighty days, the trial has not been concluded, the suspension of the President shall cease without prejudice to the normal progress of the proceeding.
Paragraph 3 - In the event of common offenses, the President of the Republic shall not be subject to arrest as long as no sentence is rendered.
Paragraph 4 - During his term of office, the President of the Republic may not be held liable to acts outside the performance of his functions.