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

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

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

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

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

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

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

CHAPTER III. THE FEDERATED STATES

Article 25. The States are organized and governed by the Constitutions and laws they may adopt, in accordance with the principles of this Constitution.
Paragraph 1 - All powers that this Constitution does not prohibit the States from exercising shall be conferred upon them.
Paragraph 2 - The states shall have the power to operate, directly or by means of concession, the local services of piped gas, as provided for by law, it being forbidden to issue any provisional measure for its regulation.

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

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

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

Article 27. The number of Deputies in the Legislative Assembly shall correspond to three times the representation of the State in the Chamber of Deputies and, when the number of thirty-six has been reached, it shall be increased by as many members as the number of Federal Deputies exceeding twelve.
Paragraph 1 - The term of office of the State Deputies shall be four years and the provisions of this Constitution shall be applied to them in what refers to the electoral system, inviolability, immunities, remuneration, loss of office, leave of absence, impediments and incorporation into the Armed Forces.
Paragraph 2 - The remuneration of the State Deputies shall be established in each legislative term, for the subsequent one, by the Legislative Assembly. as provided by articles 150, II, 153, III, and 153, paragraph 2, I, in the proportion of seventy-five percent, at most, of the remuneration established, in legal tender, for the Federal Deputies.

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

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

Article 28. The election of the Governor and the Vice-Governor of a State, for a term of office of four years, shall be held on the first Sunday of October, in the first round, and on the last Sunday of October, in the second round, as the case may be, of the year preceding the one in which the term of office of their predecessors ends, and they shall take office on January l of the following year, in accordance, otherwise, with the provisions of article 77.

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

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

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

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

CHAPTER IV. THE MUNICIPALITIES

Article 29. Municipalities shall be governed by organic law, voted in two readings, with a minimum interval of ten days between the readings, and approved by two-thirds of the members of the Municipal Chamber, which shall promulgate it, observing the principles established in this Constitution, in the Constitution of the respective state and the following precepts:
I - election of the Mayor, Vice-Mayor and Councilmen for a term of office of four years, by means of direct election held simultaneously throughout the country;
II - election of the Mayor and Vice-Mayor on the first Sunday of October of the year preceding the end of the term of office of those they are to succeed, subject, in the case of municipalities with over two hundred thousand voters, to the provisions set forth in article 77; 

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

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

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

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

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

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

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

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

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

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

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

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

CHAPTER V - THE FEDERAL DISTRICT AND THE TERRITORIES

SECTION I - THE FEDERAL DISTRICT

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

SECTION II - THE TERRITORIES

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

CHAPTER VI - INTERVENTION

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

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

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

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

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

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

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

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

IV -

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

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

CHAPTER VII. PUBLIC ADMINISTRATION

SECTION I - GENERAL PROVISIONS

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

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

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

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

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

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

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

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

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

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