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Word "specific" added by CA nr. 19, June 4th 1998; original text read "supplementary law".

VIII - the law shall reserve a percentage of public offices and positions for handicapped persons and shall define the criteria for their admittance;
IX - the law shall establish the cases of hiring for a limited period of time to meet a temporary need of exceptional public interest;
X - the remuneration of the civil servants and the subside mentioned by paragraph 4 of article 39 shall be determined or altered by specific law, with due regards to the private enterprise in each case, it being assured annual general revision, always on the same date and without distinction of indices;

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

XI - the remuneration and the subside of the holders of public offices, functions and positions in the direct administration, autarchies and foundations, of members of all Powers of the Union, States, Federal District and municipalities, of the holders of elective office and of the other political agents as well as the salaries, pensions and any other kind of financial compensation, whether received cumulatively or not, shall not exceed the monthly subside, in legal tender, of the Justices of the Supreme Federal Court, it being the limit, in the case of municipalities, the subside of the Mayor, and in the case of the States, the subside of the Governor in the scope of the Executive Power, the subside of State and Districtal Deputies in the scope of the Legislative Power and the subside of the Justices of the Justice Courts, limited to ninety percent plus twenty five hundredths of the monthly subside, in legal tender, of the Justices of the Supreme Federal Court, in the scope of the Judiciary Power, this limit being also applicable to the case of the members of Public Prosecution, State Attorneys and State Defenders;

Clause XI: CA nr. 41, December 19th 2003. This clause intended to definitively establish a limit to the salaries of all persons who receive payment from the public coffers. Previous attempts failed because of lack of clarity of the legislation; for example, many servants managed to obtain judicial orders (the Judges have always been an interested party in this matter, as they have the highest salaries) to exclude personal advantages from being computed as salaries. This limit is also applicable to the retired; seearticle 40, paragraph 11.

XII - the salaries for offices of the Legislative and Judicial Powers may not be higher than those paid by the Executive Power;
XIII - the linkage or equalization of salaries, for purposes of the remuneration of the personnel in the public services, is forbidden;

The CA nr. 19, June 4th 1998, removed these words, which appeared in the original text: "except for the provisions of the preceding item and of article 39, paragraph 1;" the paragraph 1 of article 39, which was derrogated by the same CA nr. 19, read: "Paragraph 1 - The law shall guarantee, to the direct administration employees, equal salaries for offices in the same Power with equal or similar duties or between employees of the Executive, Legislative or Judicial Powers, except for advantages of a personal nature and those corresponding to the type of work or the workplace."

XIV - the pecuniary raises received by a civil servant shall not be computed or accumulated for purposes of granting subsequent raises;

The CA nr. 19, June 4th 1998, removed the words in fine of this clause, which used to read "for the same reason or on an identical basis".

XV - the subsides and salaries of holders of public offices and public positions may not be reduced, except when necessary to comply with the provisions of clauses XI and XIV of this article and of the articles 39, paragraph 4, 150, II, 153, III and 153, paragraph 2, I;

CA nr. 19, June 4th 1998

XVI - remunerated accumulation of public offices is forbidden, except in the cases below, provided there is compatibility of working hours, and with observance of clause XI of this article:
a) of two teaching offices;
b) of one teaching office with another technical or scientific office;

Clause XVI, caput and letters 'a' and 'b': CA nr. 19, June 4th 1998

c)of two offices or positions exclusive of health professionals, with regulated professions;

Letter 'c' : CA nr. 34, Dec. 31st. 2001. The original text mentioned only 'doctors'; the amendment extended the permission of accumulation to other health professionals.

XVII - the prohibition to accumulate extends to positions and functions and includes autarchies, foundations, public companies, mixed- capital companies, their affiliates, and societies controlled, directly or indirectly, by the the Government;

CA nr. 19, June 4th 1998

XVIII - the financial administration and its revenue officers shall, within their spheres of authority and jurisdiction, have the right to precedence over the other administrative sectors, as the law provides;

XIX - only by means of an specific law shall an autarchy be created and shall a public company, a mixed capital company and a foundation have their creation authorized, it being necessary, in the latter case, a complementary law to define the scope of action;

CA nr. 19, June 4th 1998

XX - the creation of subsidiaries of the entities mentioned in the preceding clause depends on legislative authorization, in each case, as well as the participation by any of them in a private company;
XXI - with the exception of the cases specified in law, public works, services, purchases and disposals shall be contracted by public bidding proceedings that ensure equal conditions to all bidders, with clauses that establish payment obligations, maintaining the effective conditions of the bid, as the law provides, which shall only allow the requirements of technical and economic qualifications indispensable to guarantee the fulfilling of the obligations;

XXII - the tax administrations of the Union, States, Federal District and municipalities, activities essential to the functioning of the State, exercized by officers in specific careers, shall have priority resources for the execution of their activities and shall have integrated actions, including the sharing of databases and tax inforamtion, as provided by law or by convene.

Clause XXII added by CA nr. 42, Dec. 19th. 2003.

Paragraph 1 - The publicity of the acts, programmes, public works, services and campaigns of Government bodies shall be of educational, informative or social orientation character, and shall not contain names, symbols or images that characterize personal propaganda of Government authorities or employees.
Paragraph 2 - Non-compliance with the provisions of items II and III shall result in the nullity of the act and punishment of the responsible authority, as the law provides. 
Paragraph 3 - Complaints relating to the rendering of public services shall be regulated by law. 
Paragraph 4 - Acts of administrative dishonesty shall result in the suspension of political rights, loss of public function, prohibition to transfer personal property and reimbursement to the Public Treasury, in the manner and grading established by law, without prejudice to the applicable criminal action. 
Paragraph 5 - The law shall establish the limitations for illicit acts, performed by any agent, whether or not a Government employee, which cause losses to the Public Treasury, without prejudice to the respective claims for reimbursement. 
Paragraph 6 - Public legal entities and private legal entities rendering public services shall be liable for damages that any of their agents, acting as such, cause to third parties, ensuring the right of recourse against the liable agent in cases of malice or fault.

Paragraph 7 - The law shall provide for the conditions and restriction imposed to the civil servant or public employee with access to classified information.

Paragraphs 7, 8, 9 and 10 added by CA 19, June 4th 1998.

Paragraph 8 - The management, budgetary and financial autonomy of bodies and entities of direct and indirect administration may be extended by means of a contract, to be firmed between their administrators and the Public Power, with the purpose of establishing performance goals for the body or entity, it being incumbent to the law to provide for:
I - the term of the contract;
II - the controls and criteria for evaluation of the performance, rights, duties and accountabilities of the managers;
III - the remuneration of the personnel.
Paragraph 9 - The provisions of Clause XI shall apply to public companies and mixed capital corporations, and their affiliates, which receive remittances from the Union, States, Federal District or municipalities for payment of personnel or general current expenses.
Paragraph 10 - The simultaneous perception of retiring compensations derived from article 40 or articles 42 and 142 with the remuneration of the public office, employment or position is prohibited, excepted the cases of accumulation provided for by this Constitution, the elective offices and the comission offices declared in law as of free appointment and dismissal.
Paragraph 11 - The monies of indemnificatory nature shall not be considered into the remuneratory limits subject of clause XI of this article.

Paragraphs 11 and 12 added by CA 47, July 5th 2005.

Paragraph 12 - For the purposes of the provisions of clause XI of this article, the States and Federal District shall be allowed to fix, within their jurisdiction, by means of amendments to the respective Constitutions and Organic Law, as sole limit, the monthly subside of the Justices of the respective State Court, limited to ninety percentage points plus twenty-five hundreths of percentage points of the monthly subside of the Justices of the Supreme Federal Court, this paragraph not being applicable to the subsides of State Deputies, Districtal Deputies and councilmen. 

Article 38. The civil servants of the direct administration, autarchies and foundations, when holding an elective office, are subject to the following:

Caput of art. 38 : CA nr. 19, June 4th 1998.

I - in the case of a federal, state or district elective office, he shall leave his office, position or function;
II - if vested with the office of Mayor, he shall take leave from his post, position or function and he may opt for the corresponding remuneration;
III - if vested with the office of City Councilman, if there is compatibility of working hours, he shall receive the benefits of his post, position or function, without prejudice to the remuneration of his elective office and in the case there is no such compatibility, the provisions of the preceding item shall be applied;
IV - in any case requiring leave of absence for the exercise of an elective office, his time of service shall be counted in full, for all legal effects, except for promotion by merit;
V - for purposes of social security benefits, in the case of leave of absence, the amounts shall be established as if he were in activity.

SECTION II - CIVIL SERVANTS

Article 39. The Union, the States, the Federal District and the municipalities shall institute a council for policy of administration and remuneration of personnel, composed by civil servants appointed by the respective Powers.

Paragraph 1 - The definition of levels of salaries and other components of remuneratory system shall observe:
I - the nature, the degree of responsibility and the complexity of the offices which compose each career;
II - the requisites for investiture;
III - the peculiarities of the offices.

Paragraph 2 - The Union, the States and the Federal District shall maintain schools of government for the formation and improvement of the civil servants, the participaticion in courses being one of the requisites for promotion in the career, being allowed, for such, the signing of covenants or contracts between the entities of the Federation.

Caput, paragraphs 1 and 2: CA nr. 19, June 4th 1998.

Paragraph 3 - The provisions of article 7, IV, VII, VIII, IX, XII, XIII, XV, XVI, XVII, XVIII, XIX, XX, XXII, XXIII and XXX shall apply to these employees.

CA nr. 19, June 4th 1998, removed the item VI (irreducibility of salaries) from this paragraph.
The items of this paragraph refer, respectively, to the following rights: minimum salary; guarantee of salary; bonus (13th) salary; increase of salary of night shift; family allowance; limits of shift duration; paid weekly leave; increase of salary of overtime working; annual vacation; maternity leave; paternity leave; protection of labour market for women; reduction of work related risks; prohibition of difference in wages.

Paragraph 4 - The member of a Power, the holder of elective office, the Ministers of State and the Secretaries of the States and municipalities shall be remunerated exclusively by subside determined in sole parcel, it being phohibited the addition of any gratification, additional, bonus, premium, representation allowance or any other kind of remuneration, with compliance, in any case, to the provisions of art. 37, X and XI.

Paragraph 5 - Law of the Union, States, Federal Distric of municipalities may establish a ratio between the highest and the lowest remuneration of civil servants, with compliance, in any case, to the provisions of art. 37, XI.

Paragraph 6 - The Executive, Legislative and Judiciary Powers shall publish annually the values of the subsides and remunerations of all public offices and positions.

Paragraph 7 - Law of the Union, States, Federal Distric of municipalities shall discipline the application of budgetary resources derived from savings with current expenses of each body, autarchy and foundation, for application in the development of programs of quality and productivity, training and development, modernization, refurbishment and rationalization of public service, including by means of an additional or bonus for productivity.

Paragraph 8 - The remuneration of civil servants organized in careers may be established in accordance to the provisions of paragraph 4.

Paragraphs 4, 5, 6, 7, and 8 added by CA nr. 19, June 4th 1998. 

Article 40. Civil servants holding effective offices of the Union, the States, Federal District and municipalities, including autarchies and foundations, shall have rights to a social security regime, in a solidaire and contributive system, by means of contributions from the respective public entity, the active and retired servants and the pensionists, observing criteria to preserve the financial and long term balances and the dispositions of this article.

Article 40 and paragraphs were radically changed by CA 20, December 15th 1998, and CA 41, December 19th 2003. This article covers the social security system of the civil servants. The deficit of this system is the main cause of deficit in public budgets. Before CA 41, the system was participative, meaning that, regardless of how much the servant had contributed, the benefits were the same; only after CA 41 did the system become contributive, meaning that the benefits would be proportional to the contributions. Notice that CA 20 also made significant amends to article 201 of this Constitution, which regulates the social security of the employees of the private sector.

Paragraph 1. The servants included in the social security system subject of this article shall retire, with pensions calculated according to the provided for in paragraphs 3 and 17:

Paragraph 1 amended by CA 41, December 19th 2003.

I - for permanent disability, with pensions proportional to time of contribution, except in the cases of work accident, professional disease or a serious, contagious or incurable illness, as specified by law;

Clause I amended by CA 41, December 19th 2003.

II - compulsorily, at seventy years of age, with a pension proportional to the period of service;

Clause II amended by CA 20, December 15th 1998.

III - voluntarily, provided that a minimum term of ten years of effective office in public service and five years in the office in which the retirement will take place had been served, with observance of the following conditions:

Clause III amended by CA 20, December 15th 1998.

a) at age of sixty and upon thirty-five years of service, if a man, and at age fifty-five and upon thirty years, if a woman;

Text in purple added by CA 20, December 15th 1998.

b) at age of sixty-five, if man, and sixty, if woman, with pensions proportional to the period of contribution;

Letter b added by CA 20, December 15th 1998. The entire Clause III aimed at delaying the retirement of servants. Minimum ages were introduced, as well as minimum terms in public offices. Also, the CA changed the conditions for retirement of teachers (see paragraph 5 below). Read more at the end of this article.

Paragraph 2. The retirement compensation and the pension, at time of granting, shall not exceed the remuneration of the servant, in the office in which the retirement occurred or which was reference for the granting of the pension.

Text in purple added by CA 20, December 15th 1998.

Paragraph 3. The assessment of the retirement compensation, at time of granting, shall consider the remunerations used as reference to assess the contributions by the servant to the social security regime subject of this article and article 201, as prescribed by law.

Paragraph 3 added by CA 41, December 19th 2003.

Paragraph 4. The adoption of different requirements and criteria for granting of retirement to the participants of the regime subject of this article is prohibited, except in the cases, as prescribed by supplementary law, of servants:
I - handicapped;
II - who exercize activies of risk;
III - whose activities are conducted under special conditions, prejudicial to health or physical integrity. 

Paragraph 4 added by CA 20, December 15th 1998 (introduced clause III), and amended by CA 45, July 5th 2005 (introduced clauses I and II).

Paragraph 5. The requirements of age and time of contribution established by paragraph 1, III, a, shall be reduced in five years, in the case of teachers who served exclusively in effective offices with educational functions in infant education and elementary and intermediary teaching.

Paragraph 6. Except in the cases of retirement of offices with permitted accumulation as determined by this Constitution, the granting of more than one retirement in account of the social security regime established by this article is prohibited.

Paragraphs 4, 5 and 6 amended by CA 20, December 15th 1998. Accumulation of offices: see article 37, XVI.

Paragraph 7. The law shall provide for the granting of pension benefits by death, which shall be equal to:
I - the amount of the total compensation of the deceased servant, up until the maximum limit established for the benefits of the general regime of social security mentioned by article 201, plus seventy percent of the amount which exceed this limit, if the servant is retired at time of deceasing; or
II - the amount of the total remuneration of the servant in the office held at time of deceasing, up until the limit established for the benefits of the general regime of social security mentioned by article 201, plus seventy percent of the amount which exceed this limit, if the servant is retired at time of deceasing.

Paragraph 7 amended by CA 41, December 19th 2003.

Paragraph 8. The readjustment of benefits in order to preserve, in a permanent way, its real value, is mandatory, following criteria determined by law.

Paragraph 8 amended by CA 41, December 19th 2003.

Paragraph 9. The period of contribution to Federal, State or municipal entities shall be considered for retirement effects, and the respective periods of office shall be considered for disponibility effects.

Paragraph 9 amended by CA 20, December 15th 1998.

Paragraph 10. The law shall not establish any means of ficticious time of office.

Paragraph 10 amended by CA 20, December 15th 1998.

Paragraph 11. The limit set forth by art. 37, XI, shall be imposed to the total remuneration of retirement, including those derived from accumulation of public offices or positions, as well as other activities subject to contribution to the general regime of social security, and to the amount resultant from the addition of retirement benefits with the remuneration of office accumulated as permitted by this Constitution, offices declared by law as of free appointment and dismissal, and elective offices.

Paragraph 11 amended by CA 20, December 15th 1998. Article 37, XI, attempts to establish a limit to payments by public coffers. In the past, the lack of clarity allowed double interpretation (particularly by Judges, a party interested in the matter, as their salaries are among the highest in Brazil) which caused that limit to be frequently disobeyed. In an attempt to close these leap holes, all the norms regarding this matter became very detailed. See also article 37, XI.

Paragraph 12. In addition to the provisions of this article, the regime of social security of the civil servants holders of effective offices shall respect, when applicable, the requirements and criteria established for the general regime of social security.

Paragraph 12 amended by CA 20, December 15th 1998.

Paragraph 13. The servant holding, exclusively, comissioned offices declared by law as of free appointment and dismissal, as well as those holding other temporary offices or public positions, shall be submitted to the general regime of social security.

Paragraph 13 amended by CA 20, December 15th 1998.

Paragraph 14. The Union, States, Federal District and municipalities, provided that they institute a regime of supplementary social security for their servants holders of effective offices, shall be allowed to establish, for the payment of retirements and pensions granted under the regime subject of this article, the maximum limit set forth for the benefits of the general regime of social security in accordance with article 201.

Paragraph 14 amended by CA 20, December 15th 1998.

Paragraph 15. The regime of supplementary social security mentioned in paragraph 14 shall be instituted by law of initiative of the respective Executive Power, observing, when applicable, the provisions of art. 202 and paragraphs, by means of restricted entities of supplementary social security, of public nature, which shall offer to the respective participants only benefit plans of the kind of defined contribution.

Paragraph 15 amended by CA 41, December 19th 2003. Very controversial. This paragraph, for the first time, instituted the figure of a private social security system for public servants. See also paragraph 18.

Paragraph 16. In the case of servants who entered public service before the date of publication of the act which instituted the regime of supplementary social security, the provisions of paragraphs 14 and 15 shall be applicable only after previous and express concordance of the servant.

Paragraph 16 amended by CA 20, December 15th 1998.

Paragraph 17. All amounts of remuneration considered for the assessment of benefits as described in paragraph 3 shall be readjusted, as prescribed by law.

Paragraph 15 amended by CA 41, December 19th 2003.

Paragraph 18. A contribution to the social security shall be levied on the payments of retirements and pensions granted by the regime subject of this article which exceed the maximum limit established for the payments of the general regime of social security mentioned in art. 201, the percentage of the contribution being equal to that establishe for the servants holding effective offices.

Paragraph 18 amended by CA 41, December 19th 2003. Very controversial. This article determined that retired servants whose payments were above a treshold should pay contributions to the security system. The threshold, around R$ 2,700 or about ten minimum wages, was so high that the vast majority of servants was exempt from the contribution; the higher classes of servants, however, vocally protested against this paragraph and paragraph 15, which they considered to be "the privatization of social security in Brazil".

Paragraph 19. The servant who had met the requirements for voluntary retirement set forth by paragraph 1, II, a, and opt for continuing in office shall receive a bonus equal to the amount of his contribution to the social security system, until he meets the conditions for compulsory retirement set forth by paragraph 1, II.

Paragraph 19 amended by CA 41, December 19th 2003.

Paragraph 20. It is prohibited the existence of more than one regime of social security for servants holders of effective offices, as well as the existence of more than one managing institution for the respective regime in each government level, excepted the provisions of the article 142, paragraph 3, X.

Paragraph 20 amended by CA 41, December 19th 2003. 

Original text of this article:
A civil servant shall go into retirement:
I - for permanent disability, receiving full pension if such disability results from a work accident, professional disease or a serious, contagious or incurable illness, as specified by law, and proportional pension in all other cases;
II - compulsorily, at seventy years of age, with a pension proportional to the period of service;
III - voluntarily:
a) upon thirty-five years of service, if a man, and upon thirty years, if a woman, with full pay;
b) upon thirty years of effective exercise in teaching positions, if a man, and upon twenty-five years, if a woman, with full pay;
c) upon thirty years of service, if a man, and upon twenty-five years, if a woman, with pay in proportion to this period;
d) at sixty-five years of age, if a man, and at sixty, if a woman, with pay in proportion to the period of service.
Paragraph 1 - A supplementary law may establish exceptions to the provisions of item III, a and c, in the case of the exercise of activities considered strenuous, unhealthy or dangerous. 
Paragraph 2 - The law shall provide for retirement in temporary offices or positions. 
Paragraph 3 - The period of federal, state or municipal public service shall be calculated in full for purposes of retirement and placement on paid availability 
Paragraph 4 - The retirement pension shall be revised, in the same proportion and on the same date, whenever the remuneration of the servants in activity is changed, and any benefits or advantages subsequently granted to the servants in activity shall also be extended to the retired servants, including those resulting from the transformation or reclassification of the office or function from which they retired, as the law provides. 
Paragraph 5 - The benefit of pension for death shall correspond to the full salary or earnings of the deceased employee, up to the limit established in law, complying with the provisions of the preceding paragraph. 
Paragraph 6 - The retirement and pension benefits of the federal civil servants shall be financed by resources originating from the Union and from the contributions of the civil servants. under the terms of the law.