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.