Title I. Fundamental principles

 

Article 1. The Federative Republic of Brazil, formed by the indissoluble union of the states and municipalities and of the Federal District, is a legal democratic state and is founded on:
I - sovereignty;
II - citizenship;
III - the dignity of the human person;
IV - the social values of labour and of the free enterprise;
V - political pluralism.
Sole paragraph - All power emanates from the people, who exercise it by means of elected representatives or directly, as provided by this Constitution.

Article 2. The Legislative, the Executive and the Judicial, independent and harmonious among themselves, are the powers of the Union.

Article 3. The fundamental objectives of the Federative Republic of Brazil are:
I - to build a free, just and solidary society;
II - to guarantee national development;
III - to eradicate poverty and substandard living conditions and to reduce social and regional inequalities;
IV - to promote the well-being of all, without prejudice as to origin, race, sex, colour, age and any other forms of discrimination.

Article 4. The international relations of the Federative Republic of Brazil are governed by the following principles: I - national independence;
II - prevalence of human rights;
III - self-determination of the peoples;
IV - non-intervention;
V - equality among the States;
VI - defense of peace;
VII - peaceful settlement of conflicts;
VIII - repudiation of terrorism and racism;
IX - cooperation among peoples for the progress of mankind;
X - granting of political asylum.
Sole paragraph - The Federative Republic of Brazil shall seek the economic, political, social and cultural integration of the peoples of Latin America, viewing the formation of a Latin-American community of nations.

CHAPTER I - INDIVIDUAL AND COLLECTIVE RIGHTS AND DUTIES

 

Article 5. All persons are equal before the law, without any distinction whatsoever, Brazilians and foreigners residing in the country being ensured of inviolability of the right to life, to liberty, to equality, to security and to property, on the following terms:
I - men and women have equal rights and duties under the terms of this Constitution;
II - no one shall be obliged to do or refrain from doing something except by virtue of law;
III - no one shall be submitted to torture or to inhuman or degrading treatment;
IV - the expression of thought is free, anonymity being forbidden;
V - the right of reply is ensured, in proportion to the offense, as well as compensation for property or moral damages or for damages to the image;
VI - freedom of conscience and of belief is inviolable, the free exercise of religious cults being ensured and, under the terms of the law, the protection of places of worship and their rites being guaranteed;
VII - under the terms of the law, the rendering of religious assistance in civil and military establishments of collective confinement is ensured;
VIII - no one shall be deprived of any rights by reason of religious belief or philosophical or political conviction, unless he invokes it to exempt himself from a legal obligation required of all and refuses to perform an alternative obligation established by law;
IX - the expression of intellectual, artistic, scientific, and communications activities is free, independently of censorship or license;
X - the privacy, private life, honour and image of persons are inviolable, and the right to compensation for property or moral damages resulting from their violation is ensured;
XI - the home is the inviolable refuge of the individual, and no one may enter therein without the consent of the dweller, except in the events of flagrante delicto or disaster, or to give help, or, during the day, by court order;
XII - the secrecy of correspondence and of telegraphic, data and telephone communications is inviolable, except, in the latter case, by court order, in the cases and in the manner prescribed by law for the purposes of criminal investigation or criminal procedural finding of facts;
XIII - the practice of any work, trade or profession is free, observing the professional qualifications which the law shall establish;
XIV - access to information is ensured to everyone and the confidentiality of the source shall be safeguarded, whenever necessary to the professional activity;
XV - locomotion within the national territory is free in time of peace, and any person may, under the terms of the law, enter it, remain therein or leave it with his assets;
XVI - all persons may hold peaceful meetings, without weapons, in places open to the public, regardless of authorization, provided that they do not frustrate another meeting previously called for the same place, subject only to prior notice to the competent authority;
XVII - freedom of association for lawful purposes is fully guaranteed, any paramilitary association being forbidden;
XVIII - the creation of associations and, under the terms of the law, that of cooperatives is not subject to authorization, and State interference in their operation is forbidden;
XIX - associations may only be compulsorily dissolved or have their activities suspended by a judicial decision, a final and unappealable decision being required in the former case;
XX - no one shall be compelled to become associated or to remain associated;
XXI - when expressly authorized, associations shall have the legitimacy to represent their members either judicially or extrajudicially:
XXII - the right of property is guaranteed;
XXIII - property shall fulfill its social function;
XXIV - the law shall establish the procedure for expropriation for public necessity or use, or for social interest, with fair and previous pecuniary compensation, except for the cases provided in this Constitution;
XXV - in case of imminent public danger, the competent authority may make use of private property, provided that, in case of damage, subsequent compensation is ensured to the owner;
XXVI - the small rural property, as defined by law, provided that it is exploited by the family, shall not be subject to attachment for the payment of debts incurred by reason of its productive activities, and the law shall establish the means to finance its development;
XXVII - the exclusive right of use, publication or reproduction of works rests upon their authors and is transmissible to their heirs for the time the law shall establish;
XXVIII - under the terms of the law, the following are ensured:
a) protection of individual participation in collective works and of reproduction of the human image and voice, sports activities included;
b) the right to authors, interpreters and respective unions and associations to monitor the economic exploitation of the works which they create or in which they participate;
XXIX - the law shall ensure the authors of industrial inventions of a temporary privilege for their use, as well as protection of industrial creations, property of trademarks, names of companies and other distinctive signs, viewing the social interest and the technological and economic development of the country;
XXX - the right to inheritance is guaranteed;
XXXI - succession to the estate of foreigners which is located in Brazil shall be regulated by the Brazilian law in favour of the Brazilian spouse or children, whenever the personal law of the deceased is not more favourable to them;
XXXII - the State shall provide, as set forth by law, for the defense of consumers;
XXXIII - all persons have the right to receive, from the public agencies, information of private interest to such persons, or of collective or general interest, which shall be provided within the period established by law, subject to liability, except for the information whose secrecy is essential to the security of society and of the State:
XXXIV - the following are ensured to everyone without any payment of fees: a) the right to petition the Government in defense of rights or against illegal acts or abuse of power;
b) the obtaining of certificates from government offices, for the defense of rights and clarification of situations of personal interest;
XXXV - the law shall not exclude any injury or threat to a right from the consideration of the Judicial Power;
XXXVI - the law shall not injure the vested right, the perfect juridical act and the res judicata
XXXVII - there shall be no exceptional tribunal or court:
XXXIX - the institution of the jury is recognized, according to the organization which the law shall establish, and the following are ensured:
a)full defense;
b)secrecy of voting;
c)sovereignty of verdicts;
d)power to judge willful crimes against life;
XL - there is no crime without a previous law to define it, nor a punishment without a previous legal commination;
XLI -penal law shall not be retroactive, except to benefit the defendant;
XLII - the law shall punish any discrimination which may attempt against fundamental rights and liberties;
XLII - the practice of racism is a non-bailable crime, with no limitation, subject to the penalty of confinement, under the terms of the law;
XLIII - the practice of torture, the illicit traffic of narcotics and related drugs, as well as terrorism, and crimes defined as heinous crimes shall be considered by law as non-bailable and not subject to grace or amnesty, and their principals, agents and those who omit themselves while being able to avoid such crimes shall be held liable;
XLIV - the action of armed groups, either civil or military, against the constitutional order and the democratic state is a non-bailable crime, with no limitation;
XLV - no punishment shall go beyond the person of the convict, and the obligation to compensate for the damage, as well as the decreeing of loss of assets may, under the terms of the law, be extended to the successors and executed against them, up to the limit of the value of the assets transferred;
XLVI - the law shall regulate the individualization of punishment and shall adopt the following, among others:
a) deprivation or restriction of freedom;
b) loss of assets;
c) fine;
d) alternative rendering of social service;
e) suspension or deprivation of rights;
XLVII - there shall be no punishment:
a) of death, save in case of declared war under the terms of article 84, XIX;
b) of life imprisonment;
c) of hard labour;
d) of banishment;
e) which is cruel;
XLVIII - the sentence shall be served in separate establishments, according to the nature of the offense, the age and the sex of the convict;
XLIX - prisoners are ensured of respect to their physical and moral integrity;
L - female prisoners shall be ensured of adequate conditions to stay with their children during the nursing period;
LI - no Brazilian shall be extradited, except the naturalized ones in the case of a common crime committed before naturalization, or in the case there is sufficient evidence of participation in the illicit traffic of narcotics and related drugs, under the terms of the law;
LII - extradition of a foreigner on the basis of political or ideological crime shall not be granted;
LIII - no one shall undergo legal proceeding or sentencing save by the competent authority;
LIV - no one shall be deprived of freedom or of his assets without the due process of law;
LV - litigants, in judicial or administrative processes, as well as defendants in general, are ensured of the adversary system and of full defense, with the means and resources inherent to it;
LVI - evidence obtained through illicit means are unacceptable in the process;
LVII - no one shall be considered guilty before the issuing of a final and unappealable penal sentence;
LVIII - no one who has undergone civil identification shall be submitted to criminal identification, save in the cases provided by law;
LIX - private prosecution in the cases of crimes subject to public prosecution shall be admitted, whenever the latter is not filed within the period established by law;
LX - the law may only restrict the publicity of procedural acts when the defense of privacy or the social interest require it;
LXI - no one shall be arrested unless in flagrante delicto or by a written and justified order of a competent judicial authority, save in the cases of military transgression or specific military crime, as defined in law;
LXII - the arrest of any person as well as the place where he is being held shall be immediately informed to the competent judge and to the family of the person arrested or to the person indicated by him;
LXIII - the arrested person shall be informed of his rights, among which the right to remain silent, and he shall be ensured of assistance by his family and a lawyer;
LXIV - the arrested person is entitled to identification of those responsible for his arrest or for his police questioning;
LXV - the illegal arrest shall be immediately remitted by the judicial authority;
LXVI - no one shall be taken to prison or held therein, when the law admits release on own recognizance, subject or not to bail;
LXVII - there shall be no civil imprisonment for indebtedness except in the case of a person responsible for voluntary and inexcusable default of alimony obligation and in the case of an unfaithful trustee;
LXVIII - habeas corpus shall be granted whenever a person suffers or is in danger of suffering violence or coercion against his freedom of locomotion, on account of illegal actions or abuse of power;
LXIX - a writ of mandamus shall be issued to protect a clear and perfect right, not covered by habeas corpus or habeas data, whenever the party responsible for the illegal actions or abuse of power is a public official or an agent of a corporate legal entity exercising duties of the Government;
LXX - a collective writ of mandamus may be filed by:
a)a political party represented in the National Congress;
b) a union, a professional association or an association legally constituted and in operation for at least one year, to defend the interests of its members or associates;
LXXI - a writ of injunction shall be granted whenever the absence of a regulatory provision disables the exercise of constitutional rights and liberties, as well as the prerogatives inherent to nationality, sovereignty and citizenship;
LXXII - habeas data shall be granted:
a)to ensure the knowledge of information related to the person of the petitioner, contained in records or databanks of government agencies or of agencies of a public character;
b) for the correction of data, when the petitioner does not prefer to do so through a confidential process, either judicial or administrative;
LXXIII - any citizen is a legitimate party to file a people's legal action with a view to nullifying an act injurious to the public property or to the property of an entity in which the State participates, to the administrative morality, to the environment and to the historic and cultural heritage, and the author shall, save in the case of proven bad faith, be exempt from judicial costs and from the burden of defeat;
LXXIV - the State shall provide full and free-of-charge legal assistance to all who prove insufficiency of funds;
LXXV - the State shall indemnify a convict for judicial error, as well as a person who remains imprisoned for a period longer than the one established by the sentence;
LXXVI - for all who are acknowledgedly poor, the following is free of charge, under the terms of the law:
a) civil birth certificate;
b) death certificate;
LXXVII - habeas corpus and habeas data proceedings and, under the terms of the law, the acts necessary to the exercise of citizenship are free of charge;

LXVIII - to all, in judicial and administrative proceedings, are assured a reasonable duration of proceedings and the means to guarantee the celerity of proceedings.

Clause LXVII added by CA nr. 45, Dec. 8th 2004.

Paragraph 1. The provisions that define the fundamentals rights and guarantees have immediate appliation.
Paragraph 2. The rights and guarantees expressed in this Constitution do not exclude others deriving from the regime and from the principles adopted by it, or from the international treaties in which the Federative Republic of Brazil is a party.

Paragraph 3. The international treaties and conventions on Human Rights which are approved, in each House of National Congress, in two rounds, by three fifths of votes of the respective members, will be equivalent to Constitutional Ammendments.
Paragraph 4. Brazil shall be submitted to the jurisdiction of International Penal Tribunal to which creation it had manifested agreement.

Paragraphs 3 and 4 added by CA nr. 45, Dec. 8th 2004.

CHAPTER II - SOCIAL RIGHTS

 

Article 6. Education, health, work, habitation, leisure, security, social security, protection of motherhood and childhood, and assistance to the destitute, are social rights, as set forth by this Constitution.

The word "habitation" was included by CA nr. 26, Feb. 146h. 2000.

Article 7. The following are rights of urban and rural workers, among others that aim to improve their social conditions:
I - employment protected against arbitrary dismissal or against dismissal without just cause, in accordance with a supplementary law which shall establish severance-pay, among other rights;
II - unemployment insurance, in the event of involuntary unemployment;
III - severance-pay fund;
IV - nationally unified minimum wage, established by law, capable of satisfying their basic living needs and those of their families with housing, food, education, health, leisure, clothing, hygiene, transportation and social security, with periodical adjustments to maintain its purchasing power, it being forbidden to use it as an index for any purpose;
V - a salary floor in proportion to the extent and complexity of the work;
VI - irreducibility of the wages, except when established in collective agreement or covenant;
VII - guarantee of wages never below the minimum one, for those receiving variable pay;
VIII - year-end one-salary bonus based on the full pay or on the amount of the pension;
IX - payrate for night-shift work higher than that for daytime work;
X - wage protection, as provided by law, with felonious withholding of wages being a crime;
XI - participation in the profits or results, independent of wages, and, exceptionally, participation in the management of the company, as defined by law;
XII - family allowance, to be paid on behalf of the dependents of the low income worker, as defined by law;
XIII - normal working hours not exceeding eight hours per day and forty-four hours per week, with the option of compensating working hours and reducing the length of the workshifts through an agreement or a collection bargaining covenant;
XIV - a workday of six hours for work carried out in continuous shifts, unless otherwise established by collective negotiation;
XV - paid weekly leave, preferably on Sundays;
XVI - rate of pay for overtime at least fifty per cent higher than that of normal work;
XVII - annual vacation with remuneration at least one third higher than the normal salary;
XVIII - maternity leave without loss of job and of salary, for a period of one hundred and twenty days;
XIX - paternity leave, under the terms established by law;
XX - protection of the labour market for women through specific incentives, as provided by law;
XXI - notice of dismissal in proportion to the length of service of at least thirty days, as provided by law;
XXII - reduction of work related risks by means of health, hygiene and safety provisions;
XXIII - additional remuneration for strenuous, unhealthy or dangerous work, as established by law;
XXIV - retirement pension;
XXV - free assistance for children and dependents from birth to six years of age, in day-care centres and pre-school facilities;
XXVI - recognition of collective bargaining agreements and covenants;
XXVII - protection on account of automation, as established by law;
XXVIII - occupational accident insurance, to be paid for by the employer, without excluding the employer's liability for indemnity in the event of malice or fault;
XXIX - legal action with respect to credits arising from employment relationships with a prescription of five years for urban and rural workers, up to the limit of two years after the end of the employment contract;

This clause was changed by CA nr. 28, May 25th 2000. The original text established that the limitation of rural workers was just 'two years counted from the end of the contract'.

XXX - prohibition of any difference in wages, in the performance of duties and in hiring criteria by reason of sex, age, colour or marital status;
XXXI - prohibition of any discrimination with respect to wages and hiring criteria of handicapped workers;
XXXII - prohibition of any distinction between manual, technical and intellectual work or among the respective professionals;
XXXIII - prohibition of night, dangerous or unhealthy work for minors under eighteen years of age, and of any work for minors under fourteen years of age, except as an apprentice;
XXXIV - equal rights for workers with a permanent employment bond and for sporadic workers.
Sole paragraph - The category of domestic servants is ensured of the rights set forth in items IV, VI, VIII, XV, XVII, XVIII, XIX, XXI and XXIV, as well as of integration in the social security system.

Article 8. Professional or union association is free, with due regard to the following:
I - the law may not require authorization of the State for a union to be founded, except for authorization for registration with the competent agency, it being forbidden to the Government the interference and the intervention in the union;
II - it is forbidden to create more than one union, at any level, representing a professional or economic category, in the same territorial base, which shall be defined by the workers or employers concerned, and which may not cover less than the area of one municipality;
III - it falls to the union to defend the collective or individual rights and interests of the category, including legal or administrative disputes;
IV - the general assembly shall establish the contribution which, in the case of a professional category, shall be discounted from the payroll, to support the confederative system of the respective union representation, regardless of the contribution set forth by law;
V - no one shall be obliged to join or to remain a member of a union;
VI - the collective labor bargainings must be held with the participation of unions;
VII - retired members shall be entitled to vote and be voted on in unions;
VIII - the dismissal of a unionised employee is forbidden from the moment of the registration of his candidacy to a position of union direction or representation and, if elected, even if as a substitute, up to one year after the end of his term in office, unless he commits a serious fault as established by law.
Sole paragraph - The provisions of this article apply to the organization of rural unions and those of fishing communities, with due regard for the conditions established by law.

Article 9. The right to strike is guaranteed, it being the competence of workers to decide on the advisability of exercising it and on the interests to defended thereby.
Paragraph 1. The law shall define the essential services or activities and shall provide with respect to the satisfaction of the community's undelayable needs.
Paragraph 2. The abuses committed shall subject those responsible to penalties of the law.

Article 10. The participation of workers and employers is ensured in collegiate bodies of government agencies in which their professional or so security interests are subject of discussion and resolution.

Article 11. It is ensured, in companies with more than 200 employees, the election of a representative of the employees for the exclusive purpose of furthering direct negotiations with the employers.

CHAPTER III - NATIONALITY

 

Article 12. The following are Brazilians:
I - by birth:
a) those born in the Federative Republic of Brazil, even if of foreign parents, provided that they are not at the service of their country;
b) those born abroad, of a Brazilian father or a Brazilian mother, provided that either of them is at the service of the Federative Republic of Brazil:

c)those born abroad, of a Brazilian father or a Brazilian mother, provided that they come to reside in the Federative Republic of Brazil and opt for the Brazilian nationality at any time;

Letter 'c' included by CA of Revision nr. 3, June 7th 1994.

II - naturalized:
a) those who, as set forth by law, acquire Brazilian nationality, it being the only requirement for persons originating from Portuguese-speaking countries the residence for one uninterrupted year and good moral repute;
b) foreigners of any nationality, resident in the Federative Republic of Brazil for over fifteen uninterrupted years and without criminal conviction, provided that they apply for the Brazilian nationality.
Paragraph 1. The rights inherent to Brazilians shall be attributed to Portuguese citizens with permanent residence in Brazil, if there is reciprocity in favour of Brazilians, except in the cases stated in this Constitution.

Letter 'b' and Paragraph 1: CA of Revision nr. 3, June 7th 1994.

Paragraph 2. The law may not establish any distinction between born and naturalized Brazilians, except in the cases stated in this Constitution.
Paragraph 3. The following offices are exclusive for born Brazilians:
I - those of President and Vice-President of the Republic;
II - that of President of the Chamber of Deputies;
III - that of President of the Federal Senate;
IV - that of Justice of the Supreme Federal Court;
V - those of the diplomatic career;
VI - that of officer of the Armed Forces.

VII - Minister of Defense.

Clause VII included by CA nr. 23, September 2nd. 1999.

Paragraph 4. Loss of nationality shall be declared for a Brazilian who:
I - has his naturalization cancelled by court decision on account of an activity harmful to the national interests;

II - acquires another nationality, save in the cases:
a) of recognition of the original nationality by the foreign law;
b) of imposition of naturalization, under the foreign rules, to the Brazilian resident in a foreign State, as a condition for permanence in its territory, or for the exercise of civil rights.

Clause II added by CA of Revision nr.3, June 7th 1994.

Article 13. Portuguese is the official language of the Federative Republic of Brazil.
Paragraph 1. The national flag, anthem, coat of arms and seal are the symbols of the Federative Republic of Brazil.
Paragraph 2. The states, the Federal District and the municipalities may have symbols of their own.