Chapter II - the Executive Power

 

SECTION I - THE PRESIDENT AND THE VICE PRESIDENT OF THE REPUBLIC

Article 76. The Executive Power is exercised by the President of the Republic, assisted by the Ministers of State.

Article 77.
The election of the President and Vice-President of the Republic shall take place simultaneously, on the first Sunday of October, in the first round, and on the last Sunday of October, in the second round, as the case may be, of the year preceding the one in which the current presidential term of office ends.

Article 77 amended by CA 16, June 4th 1997. This Amendment instituted the possibility of re-election of the President and, as far as this article is concerned, changed the dates of elections. See article 14, paragraph 5.

Paragraph 1. The election of the President of the Republic shall imply the election of the Vice-President registered with him.
Paragraph 2 - The candidate who, being registered by a political party, obtains an absolute majority of votes, not counting blank or void votes, shall be considered elected President.
Paragraph 3 - If no candidate attains an absolute majority in the first voting, another election shall be held within twenty days from the announcement of the results, the competition being between the two candidates with the highest number of votes, and being considered elected the candidate with the majority of valid votes.
Paragraph 4 - Should one of the candidates, before the second round of voting is held, die, withdraw or become legally impaired, the candidate with the highest number of votes among the remaining candidates shall be called.
Paragraph 5 - If in the event of the preceding paragraphs, more than one candidate with an equal number of votes remain in second place, the eldest one shall qualify.

Article 78. The President and the Vice-President of the Republic shall take office in a session of the National Congress, pledging to maintain, defend and carry out the Constitution, obey the laws, promote the general well-being of the Brazilian people, sustain the union, the integrity and the independence of Brazil.
Sole paragraph - In the event that, after ten days from the date scheduled for the inauguration, the President or the Vice-President, except by reason of force majeure has not taken office. the office shall be declared vacant.

Article 79. The Vice-President shall replace the President in the event of impediment and shall succeed him in the event of vacancy.
Sole paragraph - In addition to other duties attributed to him by a supplementary law, the Vice-President shall assist the President whenever summoned by him for special missions.

Article 80. In the event of impediment of the President and of the Vice- President or of vacancy of the respective offices, the President of the Chamber of Deputies, the President of the Senate and the Chief Justice of the Supreme Federal Court shall be called successively to exercise the Presidency.

Article 81. In the event of vacancy of the offices of President and Vice-President of the Republic, elections shall be held ninety days after the occurrence of the last vacancy.
Paragraph 1 - If the vacancy occurs during the last two years of the President's term of office, the National Congress shall hold elections for both offices thirty days after the last vacancy. as established bv law.
Paragraph 2 - In any of the cases, those elected shall complete the term of office of their predecessors.

Article 82. The term of office of the President of the Republic is four years, and it shall commence on January 1 of the year following the year of his election.

Article 82 amended by CA 16, June 4th 1997. See article 14, paragraph 5.

Article 83. The President and the Vice-President of the Republic may not, without authorization from the National Congress, leave the country for a period of more than fifteen days, subject to loss of office.

SECTION II - DUTIES OF THE PRESIDENT OF THE REPUBLIC

Article 84. The President of the Republic shall have the exclusive power to:
I - appoint and dismiss the Ministers of State:
II - exercise, with the assistance of the Ministers of State, the higher management of the federal administration;
III - start the legislative procedure, in the manner and in the cases set forth in this Constitution;
IV - sanction, promulgate and order the publication of laws, as well as to issue decrees and regulations for the true enforcement thereof;
V - veto bills, wholly or in part;
VI - provide, by means of decree, on:
a) organization and structure of federal administration, in the cases where there is neither increase of expenses nor creation or extinction of public agencies;
b) extinction of offices or positions, when not held.

Clause VI amended by CA 32, September 11th 2001. Original text was: "provide for the organization and operation of the federal administration, as established by law;".

VII - maintain relations with foreign States and to accredit their diplomatic representatives;
VIII - conclude international treaties, conventions and acts, ad referendum of the National Congress;
IX - decree the state of defense and the state of siege;
X - decree and enforce federal intervention;
XI - upon the opening of the legislative session, send a government message and plan to the National Congress, describing the state of the nation and requesting the actions he deems necessary;
XII - grant pardons and reduce sentences, after hearing the entities instituted by law, if necessary;
XIII - exercise the supreme command of the Armed Forces, appoint the commanders of Navy, Army and Air Force, to promote general officers and to appoint them to the offices held exclusively by them;

Clause XIII amended by CA 23, September 2nd 1999. Cosmetic change. This CA created the Minister of Defense, extinguishing the Ministers of Navy, Army and Air Force and creating the respective Commanders. This article was issued to preserve the direct subordination of the Commanders to the President of the Republic, instead of the Minister of Defense (a civilian).

XIV - appoint, after approval by the Senate, the Justices of the Supreme Federal Court and those of the superior courts, the Governors of the territories, the Attorney-General of the Republic, the President and the Directors of the Central Bank and other civil servants, when established by law;
XV - appoint, with due regard for the provisions of article 73, the Justices of the Federal Court of Accounts;
XVI - appoint judges in the events established by this Constitution and the Advocate-General of the Union;
XVII - appoint members of the Council of the Republic, in accordance with article 89, VII;
XVIII - call and preside over the Council of the Republic and the National Defense Council;
XIX - declare war, in the event of foreign aggression, authorized by the National Congress or confirmed by it, whenever it occurs between legislative sessions and, under the same conditions, to decree full or partial national mobilization;
XX - make peace, authorized or confirmed by the National Congress;
XXI - award decorations and honorary distinctions;
XXII - permit, in the cases set forth by supplementary law, foreign forces to pass through the national territory, or to remain temporarily therein;
XXIII - submit to the National Congress the pluriannual plan, the bill of budgetary directives and the budget proposals set forth in this Constitution;
XXIV - render, each year, accounts to the National Congress concerning the previous fiscal year, within sixty days of the opening of the legislative session;
XXV - fill and abolish federal government positions, as set forth by law;
XXVI - issue provisional measures, with force of law, according to article 62;
XXVII - perform other duties set forth in this Constitution.
Sole paragraph - The President of the Republic may delegate the duties mentioned in items VI, XII and XXV, first part, to the Ministers of State, to the Attorney-General of the Republic or to the Advocate-General of the Union, who shall observe the limitations established in the respective delegations.