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CHAPTER IV - SCIENCE AND TECHNOLOGY

Article 218. The State shall promote and foster scientific development, research and technological expertise.
Paragraph 1 - Basic scientific research shall receive preferential treatment from the State, with a view to public well-being and the advancement of science.
Paragraph 2 - Technological research shall be directed mainly to the solution of Brazilian problems and to the development of the national and regional productive system.
Paragraph 3 - The State shall support the training of human resources in the areas of science, research and technology and shall offer special work means and conditions to those engaged in such activities.
Paragraph 4 - The law shall support and foster the companies which invest in research, creation of technology appropriate for the country, training and improvement of their human resources and those which adopt remuneration systems that ensure employees a share of the economic earnings rc sulting from the productivity of their work, apart from the salary.
Paragraph 5 - The states and the Federal District may allocate a share of their budgetary revenues to public entities which foster scientific and technological education and research.

Article 219. The domestic market is pan of the national patrimony and shall be supported with a view to permitting cultural and socio-economic development, the well-being of the population and the technological autonomy of the country, as set forth in a federal law.

CHAPTER V - SOCIAL COMMUNICATION

Article 220. The manifestation of thought, the creation, the expression and the information, in any form, process or medium shall not be subject to any restriction, with due regard to the provisions of this constitution.
Paragraph 1 - No law shall contain any provision which may represent a hindrance to full freedom of press in any medium of social communication, with due regard to the provisions of article 5, IV, V, X XIII, and XIV. 
Paragraph 2 - Any and all censorship of a political, ideological and artistic nature is forbidden. 
Paragraph 3 - It is within the competence of federal laws to:
I - regulate public entertainment and shows, it being incumbent upon the Government to inform on their nature, the age brackets they are not recommended for and places and times unsuitable for their exhibition:
II - establish legal means which afford persons and families the possibilities of defending themselves against radio and television programmes and schedules which go contrary to the provisions of article 221, as well as against publicity of products, practices and services which may be harmful to health or to the environment.
Paragraph 4 - Commercial advertising of tobacco, alcoholic beverages, pesticides, medicines and therapies shall be subject to legal restrictions, in accordance with item II of the preceding paragraph and shall contain, whenever necessary, a warning concerning the damages which may be caused by their use.
Paragraph 5 - Social communication media may not, directly or indirectly, be subject to monopoly or oligopoly.
Paragraph 6 - The publication of a printed social communication medium shall not depend on license from authorities.

Article 221. The production and programming of radio and television stations shall comply with the following principles:
I - preference to educational, artistic, cultural and informative purposes;
II - promotion of national and regional culture and fostering of independent productions aimed at their diffusion;
III - regional differentiation of cultural, artistic and press production, according to percentages established by the law;
IV - respect for the ethical and social values of the person and the family.

Article 222. The ownership of newspapers companies, sound broadcasting companies and sounds and images broadcasting companies is right exclusive of native Brazilians or those naturalized for more than 10 (ten) years, or of corporations constituted in accordance to Brazilian laws and with head office in the country.
Paragraph 1. In any case, at least 70% (seventy percent) of the total capital and of the voting capital of newspapers companies, sound broadcasting companies and sounds and images broadcasting companies shall be owned, directly or indirectly, by native Brazilians or those naturalized for more than 10 (ten) years, who shall exercize the administration of the activies and establish the contents of the programmation.
Paragraph 2. The editorial responsibility and the activities of selection and direction of the broadcasted programmation are exclusive of native Brazilians or those naturalized for more than 10 (ten) years, in any medium of social communication.
Paragraph 3. The electronic media of social communication, regardless of the technology employed for rendering the service, shall observe the principles established by article 221, as determined by specific law, which shall also guarantee the priority of Brazilian professionals in the execution of national productions.
Paragraph 4. The law shall regulate the participation of foreigner capitals in the companies referred to by paragraph 1.
Paragraph 5. Alterations in the control of companies referred to by paragraph 1 shall be communicated to the National Congress.

Article 222 amended by CA 36, May 28th 2002. Before this CA, foreigner citizens and foreigner capital were forbidden from participating of communication companies. This CA allowed some participation, which attracted some capital, but maintained the restriction that only Brazilians should manage those companies.
Original text of this article:
"Newspapers and sound broadcasting companies, or sound and image broadcasting companies shall be owned exclusively by native Brazilians or those naturalized for more than ten years, who shall be responsible for their management and intellectual orientation.
Paragraph 1 - Legal entities shall not participate in the capital stock of journalistic and radio broadcasting companies, except for political parties and for corporations whose capital is exclusively and nominally owned by Brazilians.
Paragraph 2 - The participation referred to in the preceding paragraph may only take place through non-voting capital and shall not exceed thirty percent of the capital stock."

Article 223. The Executive Power has the authority to grant and renew concession, permission and authorization for radio broadcasting and sound and image broadcasting services with due regard to the principle of the complementary roles of private, public and state systems.
Paragraph 1 - The National Congress shall consider such proposition in the period of time set forth in article 64, paragraphs 2 and 4. counted from the date of receipt of the message.
Paragraph 2 - The non-renewal of the concession or permission shall depend on approval by at least two-fifths of the National Congress. in nominal voting.
Paragraph 3 - The granting or renewal shall only produce legal effects after approval by the National Congress, as set forth in the preceding paragraphs.
Paragraph 4 - Cancellation of a concession or permission prior to its expiring date shall depend on a court decision.
Paragraph 5 - The term for a concession or permission shall be ten years for radio stations and fifteen years for television channels.

Article 224. For the purposes of the provisions of this chapter. the National Congress shall institute, as an auxiliary agency, the Social Communication Council, in the manner prescribed by law.

CHAPTER VI - ENVIRONMENT

Article 225. All have the right to an ecologically balanced environment. which is an asset of common use and essential to a healthy quality of life, and both the Government and the community shall have the duty to defend and preserve it for present and future generations.
Paragraph 1 - In order to ensure the effectiveness of this right, it is incumbent upon the Government to:
I - preserve and restore the essential ecological processes and provide for the ecological treatment of species and ecosystems;
II - preserve the diversity and integrity of the genetic patrimony of the country and to control entities engaged in research and manipulation of genetic material;
III - define, in all units of the Federation, territorial spaces and their components which are to receive special protection. any alterations and suppressions being allowed only by means of law, and any use which may harm the integrity of the attributes which justify their protection being forbidden;
IV - require, in the manner prescribed by law, for the installation of works and activities which may potentially cause significant degradation of the environment, a prior environmental impact study, which shall be made public;
V - control the production, sale and use of techniques, methods or substances which represent a risk to life, the quality of life and the environment;
VI - promote environment education in all school levels and public awareness of the need to preserve the environment;
VII - protect the fauna and the flora, with prohibition, in the manner prescribed by law, of all practices which represent a risk to their ecological function, cause the extinction of species or subject animals to cruelty.
Paragraph 2 - Those who exploit mineral resources shall be required to restore the degraded environment, in accordance with the technical solutions demanded by the competent public agency, as provided by law.
Paragraph 3 - Procedures and activities considered as harmful to the environment shall subject the infractors, be they individuals or legal entities, to penal and administrative sanctions, without prejudice to the obligation to repair the damages caused.
Paragraph 4 - The Brazilian Amazonian Forest, the Atlantic Forest, the Serra do Mar, the Pantanal Mato-Grossense and the coastal zone are part of the national patrimony, and they shall be used, as provided by law, under conditions which ensure the preservation of the environment, therein included the use of mineral resources.
Paragraph 5 - The unoccupied lands or lands seized by the states through discriminatory actions which are necessary to protect the natural ecosystems are inalienable.
Paragraph 6 - Power plants operated by nuclear reactor shall have their location defined in federal law and may not otherwise be installed.

CHAPTER VII - FAMILY, CHILDREN, ADOLESCENTS AND THE ELDERLY

Article 226. The family, which is the foundation of society, shall enjoy special protection from the State.
Paragraph 1 - Marriage is civil and the marriage ceremony is free of charge.
Paragraph 2 - Religious marriage has civil effects, in accordance with the law.
Paragraph 3 - For purposes of protection by the State, the stable union between a man and a woman is recognized as a family entity, and the law shall facilitate the conversion of such entity into marriage.
Paragraph 4 - The community formed by either parent and their descendants is also considered as a family entity.
Paragraph 5 - The rights and the duties of marital society shall be exerci sed equally by the man and the woman.
Paragraph 6 - Civil marriage may be dissolved by divorce, after prior legal separation for more than one year in the cases set forth by law, or after two years of proven de facto separation.
Paragraph 7 - Based on the principles of human dignity and responsible parenthood, family planning is a free choice of the couple, it being within the competence of the State to provide educational and scientific resources for the exercise of this right, any coercion by official or private agencies being forbidden.
Paragraph 8 - The State shall ensure assistance to the family in the person of each of its members, creating mechanisms to suppress violence within the family. 

Article 227. It is the duty of the family, the society and the State to ensure children and adolescents, with absolute priority, the right to life, health, nourishment, education, leisure, professional training, culture, dignity, respect, freedom and family and community life, as well as to guard them from all forms of negligence, discrimination, exploitation, violence, cruelty and oppression.
Paragraph 1 - The State shall promote full health assistance programmes for children and adolescents, the participation of non-governmental entities being allowed, and with due regard to the following precepts:
I - allocation of a percentage of public health care funds to mother and child assistance;
II - creation of preventive and specialized care programmes for the physically, sensorially or mentally handicapped, as well as programmes for the social integration of handicapped adolescents, by means of training for a profession and for community life, and by means of facilitating the access to communal facilities and services, by eliminating prejudices and architectonic obstacles.
Paragraph 2 - The law shall regulate construction standards for public sites and buildings and for the manufacturing of public transportation vehicles, in order to ensure adequate access to the handicapped.
Paragraph 3 - The right to special protection shall include the following aspects:
I - minimum age of fourteen years for admission to work, with due regard to the provisions of article 7, XXXIII;
II - guarantee of social security and labour rights;
III - guarantee of access to school for the adolescent worker;
IV - guarantee of full and formal knowledge of the determination of an offense, equal rights in the procedural relationships and technical defense by a qualified professional, in accordance with the provisions of the specific protection legislation;
V - compliance with the principles of brevity, exceptionality and respect to the peculiar conditions of the developing person, when applying any measures that restrain freedom;
VI - Government fostering, by means of legal assistance, tax incentives and subsidies, as provided by law, of the protection, through guardianship, of orphaned or abandoned children or adolescents;
VII - prevention and specialized assistance programmes for children and adolescents addicted to narcotics or related drugs.
Paragraph 4 - The law shall severely punish abuse, violence and sexual exploitation of children and adolescents.
Paragraph 5 - Adoption shall be assisted by the Government, as provided by law, which shall establish cases and conditions for adoption by foreigners.
Paragraph 6 - Children born inside or outside wedlock or adopted shall have the same rights and qualifications, any discriminatory designation of their filiation being forbidden.
Paragraph 7 - In attending to the rights of children and adolescents, the provisions of article 204 shall be taken into consideration.

Article 228. Minors under eighteen years of age may not be held criminally liable and shall be subject to the rules of the special legislation. 

Article 229. It is the duty of parents to assist, raise and educate their under- age children and it is the duty of children of age to help and assist their parents in old-age, need or sickness. 

Article 230. It is the duty of the family, society and the State, to assist the elderly, ensuring their participation in the community, defending their dignity and well-being and guaranteeing their right to life.
Paragraph 1 - Assistance programmes for the elderly shall be carried out preferably within their homes. 
Paragraph 2 - Those over sixty-five years of age are guaranteed free urban public transportation. 

CHAPTER VIII - INDIANS

Article 231. Indians shall have their social organization, customs, languages. creeds and traditions recognized, as well as their original rights to the lands they traditionally occupy, it being incumbent upon the Union to demarcate them, protect and ensure respect for all of their property.
Paragraph 1 -Lands traditionally occupied by Indians are those on which they live on a permanent basis, those used for their productive activities, those indispensable to the preservation of the environmental resources necessary for their well-being and for their physical and cultural reproduction, according to their uses, customs and traditions. 
Paragraph 2 - The lands traditionally occupied by Indians are intended for their permanent possession and they shall have the exclusive usufruct of the riches of the soil, the rivers and the lakes existing therein. 
Paragraph 3 - Hydric resources, including energetic potentials, may only be exploited, and mineral riches in Indian land may only be prospected and mined with the authorization of the National Congress, after hearing the communities involved, and the participation in the results of such mining shall be ensured to them, as set forth by law.
Paragraph 4 - The lands referred to in this article are inalienable and indisposable and the rights thereto are not subject to limitation. 
Paragraph 5 - The removal of Indian groups from their lands is forbidden. except ad referendum of the National Congress, in case of a catastrophe or an epidemic which represents a risk to their population, or in the interest of the sovereignty of the country, after decision by the National Congress, it being guaranteed that, under any circumstances, the return shall be immediate as soon as the risk ceases. 
Paragraph 6 - Acts with a view to occupation, domain and possession of the lands referred to in this article or to the exploitation of the natural riches of the soil, rivers and lakes existing therein, are null and void, producing no legal effects, except in case of relevant public interest of the Union, as provided by a supplementary law and such nullity and voidness shall not create a right to indemnity or to sue the Union, except in what concerns improvements derived from occupation in good faith, in the manner prescribed by law. 
Paragraph 7 - The provisions of article 174, paragraphs 3 and 4, shall not apply to Indian lands. 

Article 232. The Indians, their communities and organizations have standing under the law to sue to defend their rights and interests, the Public Prosecution intervening in all the procedural acts.

TITLE IX - GENERAL CONSTITUTIONAL PROVISIONS

Article 233. (Revoked)

Article 233 revoked by CA 28, May 25th 2000.
Original text of this article:
"For the purposes of article 7, XXIX, rural employers shall, every five years, present evidence before the Labour Courts that they have fulfilled their labour obligations toward rural employees in the presence of the latter and of their union representative.
Paragraph 1 - Upon evidence that the obligations mentioned in this article have been fulfilled, the employer shall be exempt from any charges deriving from those obligations in the respective period. In case the employee and his representative do not agree with the evidence presented by the employer, it shall be incumbent upon the Labour Courts to resolve the dispute.
Paragraph 2 - The employee shall, in any case, have the right to claim in court the credits to which he believes he is entitled referring to the last five years.
Paragraph 3 - The evidence mentioned in this article may be produced at intervals of less than five years, at the discretion of the employer."

Article 234. It is forbidden for the Union to assume, directly or indirectly, as a result of the creation of a state, burdens related to expenses with inactive personnel and with charges and repayments of internal or foreign debt of the public administration, including those of the indirect administration.

Article 235. During the first ten years after the creation of a state the following basic rules shall be observed:
I - the Legislative Assembly shall be composed of seventeen Deputies if the population of the state is less than six hundred thousand inhabitants, and of twenty-four Deputies if it is equal to or greater than this number, up to one million and five hundred thousand inhabitants;
II - the Government shall have at most ten Secretariats;
III - the Court of Accounts shall have three members, appointed by the elected Governor, among Brazilians of proven good repute and notable knowledge;
IV - the Court of Justice shall have seven Judges;
V - the first Judges shall be appointed by the elected Governor, chosen in the following manner:
a) five of them from among judges with more than thirty-five years of age, in exercise within the area of the new state or of the original one:
b) two of them from among public prosecutors, under the same conditions, and from among attorneys of proven good repute and legal knowledge, with at least ten years of professional practice. complying with the procedures set forth in this Constitution;
VI - in the case of a state which originated from a federal territory, the first five Judges may be chosen from among judges from any part of the country;
VII - in each judicial district the first Judge, the first Public Prosecutor and the first Public Defender shall be appointed by the elected Governor after a public entrance examination of tests and presentation of academic and professional credentials;
VIII - until the promulgation of the state Constitution, the offices of Attorney-General, Advocate-General and Defender-General shall be held by lawyers of notable knowledge, with at least thirty-five years of age, appointed by the elected Governor and removable ad nutum;
IX - if the new state results from the transformation of a federal territory the transfer of financial burden from the Union for payment of opting civii servants who belonged to the Federal Administration, shall take place as follows:
a) in the sixth year after its creation, the state shall assume twenty percent of the financial burden for the payment of the civil servants, the remainder continuing as a responsibility of the Union;
b) in the seventh year, thirty percent shall be added to the burden of the state and, in the eighth year, the remaining fifty percent;
X - the appointments subsequent to the first ones, for the offices mentioned in this article, shall be regulated by the state Constitution;
XI - the budgetary personnel expenses shall not exceed fifty percent of the revenues of the state.

Article 236. Notary and registration services shall be exercised by private entities by Government delegation.
Paragraph 1 - The law shall regulate the activities, discipline the civil and criminal liability of notaries, registrars and their officials and define the supervision of their acts by the Judicial Power.
Paragraph 2 - Federal law shall set forth general rules for the establishment of the fees for the acts performed by notary and registration services.
Paragraph 3 - The entrance in notary and registration activities shall depend on a public entrance examination of tests and presentation of academic and professional credentials, and an office shall not be permitted to remain vacant for more than six months, without the opening of a public examination to fill it, either by appointment or transference.

Article 237. The supervision and control of foreign trade, which are essential to the defense of national financial interests, shall be exercised by the Ministry of Finance.

Article 238. The law shall organize the sale and resale of petroleum-derived fuels, fuel alcohol and other fuels derived from renewable raw-materials. respecting the principles of this Constitution.

Article 239. The revenues from contributions to the Social Integration Program, created by the Supplementary Law number 7 of September 7, 1970, and to the Civil Servants Asset Development Programme, created by the Supplementary Law number 8, of December 3, 1970, shall, from the date of the promulgation of this Constitution, fund the unemployment insurance programme and the bonus referred to in paragraph 3 of this article, in the manner prescribed by law.
Paragraph 1 - At least forty percent of the funds mentioned in the caption of this article shall be allocated to finance economic development programmes, through the National Economic and Social Development Bank, with remuneration criteria which preserve their value.
Paragraph 2 - The accrued assets of the Social Integration Programme and of the Civil Servants Asset Development Programme shall be preserved, maintaining the criteria for withdrawal in the situations provided for in specific laws, with the exception of withdrawal by reason of marriage, it being forbidden the distribution of the revenues referred to in the caption of this article, for deposit in the personal accounts of the participants.
Paragraph 3 - Employees who receive monthly remuneration of up to two minimum wages from employers who contribute to the Social Integration Programme and to the Civil Servants Asset Development Programme shall be ensured the annual payment of one minimum wage, in which value the income of the individual accounts shall be computed, in the case of those who already participated in such programmes before the date of the promulgation of this Constitution.
Paragraph 4 - Funding of the unemployment insurance programme shall receive an additional contribution from companies in which employee turnover exceeds the average turnover rate of the sector, in the manner established by law.

Article 240. The present compulsory contributions calculated on the payroll, made by employers, intended for private social service and professional training entities linked to the labour union system, are excluded from the provisions of article 195.

Article 241. The Union, the States, the Federal District and the municipalities shall regulate by means of law the public consortia and the cooperation convenes among the federated entities, authorizing the associated management of public services, as well as the total or partial transference of charges, services, personnel and assets essential to the continuity of the transferred services.

Article 241 added by CA 19, June 4th 1998. Original text:
"The principle of article 39, paragraph 1, corresponding to the careers regulated in article 13 5 of this Constitution, shall apply to career police officers."

Article 242. The principle of article 206, IV, shall not apply to the official educational institutions created by state or municipal law and in existence on the date of the promulgation of this Constitution, which are not totally or predominantly maintained with Public funds.
Paragraph 1 - The teaching of Brazilian History shall take into account the contribution of the different cultures and ethnic groups to the formation of the Brazilian people.
Paragraph 2 - The Pedro II School, located in the city of Rio de Janeiro, shall be maintained in the federal sphere.

Article 243. Tracts of land in any region of the country where illegal plantations of psychotropic plants are found shall be expropriated immediately and specifically assigned to the settlement of tenant farmers, to the culture of foodstuff. s and medicinal products, with no indemnity to the owner and without prejudice to other sanctions set forth by law.
Sole paragraph - Any and all good of economic value seized as a result of illegal traffic or narcotics and similar drugs shall be confiscated and reverted to the benefit of institutions and personnel specialized in the treatment and cure of drug-addicts and in the equipping and funding of supervision, control, prevention and repression of drug traffic crime.

Article 244. The law shall provide for the adaptation of presently existing sites and buildings of public use and of the public transportation vehicles in order to guarantee adequate access to the handicapped, as set forth in article 227, paragraph 2.

Article 245. The law shall provide for the cases and conditions in which the Government shall give assistance to the needy heirs and dependants of victims of willful crimes, without prejudice to the civil responsibility of the perpetrator of the offense.

Article 246. The adoption of any provisional measure for the regulation of any article of the Constitution whose wording had been altered by means of amendment enacted between January 1st of 1995 and the promulgation of this amendment is forbidden.

This article was included by CA 6, August 15th 1995, and altered by CA 7, same date. Then, it was amended again by CA 32, December 11th 2001. All these CAs attempted to impose limits to the overuse of provisional measures; CA 32 amended the articles which regulate provisional measures (see article 62).

Article 247. The laws mentioned by clause II of paragraph 1 of article 41 and by paragraph 7 of article 169 shall establish criteria and special guarantees for the loss of office by the tenured civil servants who, by force of the assignments of their effective offices, carry out activities exclusive of the State.
Sole paragraph. In cases of insufficient performance, the loss of office shall only take place by means of an administrative proceeding in which the servants are ensured of contraditory and ample defense.

Article 247 added by CA 19, June 4th 1998. Examples of servants who work on activies exclusive of the State: federal police, tax auditors, public account auditors, etc. Notice that judges and prosecutors have their own guarantees, granted by their own specific estatutes.

Article 248. The benefits paid, on any account, by the entity in charge of the general regime of social security, even if funded by the National Treasure, and those not subject to the maximum limit established for the benefits granted under this regime shall observe the limits established by the article 37, XI.

Article 248 added by CA 20, December 15th 1998.

Article 249. With the aim of secure funds for payment of retirement compensations and pensions granted to the respective servants and their dependants, in addition to the resources of the respective Treasures, the Union, States, Federal District and municipalities shall be allowed to constitute funds composed by resources derived of contributions and by goods, rights and assets of any nature, by means of a law which shall provide for the nature and administration of such funds.

Article 249 added by CA 20, December 15th 1998.

Article 250. With the aim of secure funds for the payment of benefits granted by the general regime of social security, in addition to the resources of its revenues collection, the Union shall be allowed to constitute fund composed by goods, rights and assets of any nature, by means of a law which shall provide for the nature and administration of such fund.

Article 250 added by CA 20, December 15th 1998.

TEMPORARY CONSTITUTIONAL PROVISIONS ACT

Article 1. The President of the Republic, the President of the Supreme Federal Court and the members of the National Congress shall take an oath to maintain, defend and comply with the Constitution, upon and on the date of the promulgation thereof. 

Article 2. On September 7, 1993, the voters shall define, through a plebiscite, the form (republic or constitutional monarchy) and system of government (parliamentary or presidential) to be in force in Brazil. 
Paragraph 1 - The free diffusion of these forms and systems through public utility mass communication vehicles shall be free of charge. 
Paragraph 2 - The Superior Electoral Court shall, upon promulgation of the Constitution, issue the regulatory rules for this article.