CONSTITUTIONAL AMENDMENTS
CONSTITUTIONAL AMENDMENT No. 1, 1992
Provides for the remuneration of State Deputies and City
Councilmen.
The Directing Boards of the Chamber of Deputies and of the
Federal Senate, under the terms of paragraph 3 of article 60, of the Federal
Constitution. promulgate the following Amendment to the constitutional text:
Article 1. Paragraph 2 of article 27 of the Constitution shall
henceforth be in force with the following wording:
"Article 27
.................................................................................
Paragraph 2 - The remuneration of the State Deputies shall be established
in each legislative term, for the subsequent one, by the Legislative Assembly,
as provided by articles 150, II, 153, III, and 153, paragraph 2, I, in the
proportion of seventy-five percent, at most, of the remuneration established,
in legal tender, for the Federal Deputies.
..................................................................................................."
Article
2. The following items VI and VII are added to article 29 of the
Constitution. the subsequent ones being renumbered:
"Article 29
.................................................................................
VI - the remuneration of the City Councilmen shall correspond, at the most,
to seventy-five percent of the remuneration established, in legal tender, for
the State Deputies, except for the provisions of article 37, XI:
VII - the
total expenditure with the remuneration of the City Councilmen may not exceed
the amount of five percent of the revenue of the Municipality;
........................................................................................................."
Article
3. This Constitutional Amendment shall come into force on the date of its
publication.
Brasília, March 31, 1992
THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Deputy Ibsen Pinheiro,
President - Deputy Waldir Pires, Second Vice-President - Deputy Cunha
Bueno, Third Secretary - Deputy Max Rosenmann, Fourth Secretary.
THE DlRECTlNG BOARD OF THE FEDERAL SENATE: Senator Mauro Benevides,
President - Senator, Alexandre Costa, First Vice-President - Senator
Carlos De 'Carli, Second Vice-President - Senator Dirceu Carneiro,
First Secretary - Senator Márcio Lacerda, Second Secretary - Senator
Iram Saraiva, Fourth Secretary.
Official Journal, April 6, 1992.
ORIGINAL WORDING
Article 27: "Paragraph 2 - The remuneration of the State Deputies
shall be established in each legislative term, for the subsequent one, by the
Legislative Assembly, as provided in articles 150, III, and 153, paragraph 2,
I."
Article 29: VI to VII: original numbering of items VIII to XIV.
CONSTITUTIONAL AMENDMENT No. 2, 1992
Provides for the plebiscite set forth in article 2 of the Temporary
Constitutional Provisions Act.
The Directing Boards of the Chamber of
Deputies and of the Federal Senate, under the terms of paragraph 3 of article
60, of the Federal Constitution. promulgate the following Amendment to the
constitutional text:
Sole article. The plebiscite mentioned in article 2 of the Temporary
Constitutional Provisions Act shall be held on April 21, 1993.
Paragraph I - The form and system of government defined by the plebiscite
shall become effective on January 1, 1995.
Paragraph 2 - The law may provide for the holding of the plebiscite,
including provisions for the free divulgation, free of charge, of the forms and
systems of government, through public utility mass communication vehicles, equal
allotment of time and parity of scheduling being ensured.
Paragraph 3 - The rule set forth in the preceding paragraph does not preclude
the competence of the Superior Electoral Court to issue instructions necessary
to the holding of the plebiscite.
Brasília, August 25,1992.
THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Deputy Ibsen Pinheiro,
President - President-Deputy Genésio Bernardino, First Vice-President -
Deputy Waldir Pires, Second Vice-President - Deputy Inocęncio
Oliveira, First Secretary - Deputy Etevaldo Nogueira, Second
Secretary - Deputy Cunha Bueno, Third Secretary - Deputy Max Rosenmann,
Fourth Secretary.
THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator Mauro Benevides,
President - Senator Alexandre Costa, First Vice-President - Senator
Carlos De' Carli, Second Vice-President - Senator Dirceu Carneiro,
First Secretary - Senator Márcio Lacerda, Second Secretary - Senator
Rachid Saldánha Derzi, Third Secretary - Senator Iram Saraiva,
Fourth Secretary.
Official Journal, September 1, 1992.
CONSTITUTIONAL AMENDMENT No. 3, 1993
The Directing Boards of the Chamber of Deputies and of the Federal Senate,
under the terms of paragraph 3 of article 60. of the Federal Constitution,
promulgate the following Amendment to the constitutional text:
Article l. The provisions of the Federal Constitution enumerated below
shall henceforth be in force with the following alterations:
"Article
40...............................................................................................
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."
"Article
42........................................................................
Paragraph 10 - The provisions in article 40, paragraphs 4, 5, and 6 apply
to the servicemen referred to in this article and to their pensioners.
..........................................................................................."
"Article
102......................................................................
I
-.....................................................................................
a) direct actions of unconstitutionality of a federal or state law or
normative act, and declaratory actions of constitutionality of a federal law
or normative act;
..........................................................................................
Paragraph 1 - A claim of non-compliance with a fundamental precept deriving
from this Constitution shall be examined by the Supreme Federal Court, under
the terms of the law.
Paragraph 2 - Final decisions on merits, pronounced by the Supreme Federal
Court, in declaratory actions of constitutionality of a federal law or
normative act, shall have force against all, as well as a binding effect, as
regards the other bodies of the Judicial Power, as well as the Executive
Power."
"Article
103....................................................................
.........................................................................................
Paragraph 4 - A declaratory action of constitutionality may be filed by
the President of the Republic, the Directing Board of the Federal Senate, the
Directing Board of the Chamber of Deputies or by the Attorney-General of the
Republic."
"Article
150...............................................................................
Paragraph 6 Any subsidy or exemption; reduction of assessment basis,
concession of presumed credit , amnesty or remission, related to taxes, fees
or contributions, may only be granted by means of a specific federal, state or
municipal law, which provides exclusively for the above-enumerated matters or
the corresponding tax, fee or contribution without prejudice to the provisions
of article 155, paragraph 2, item XII, g.
Paragraph 7 - The law may impose upon the taxpayer the burden of the
payment of a tax or contribution, whose taxable event will occur later, the
immediate and preferential restitution of the amount paid being ensured, in
case the presumed taxable event does not occur."
"Article 155. The states and the Federal District shall have the
power to institute taxes on:
I - transfer by death and donation of any
property or rights;
II - transactions relating to the circulation of goods and to the rendering
of interstate and intermunicipal transportation services and services of
communication, even when such transactions and renderings begin abroad;
III - ownership of automotive vehicles.
Paragraph 1 - The tax
established in item I:
Paragraph 2 - The tax established in item II shall observe the following:
Paragraph 3 With the exception of the taxes mentioned in item II of the
caption of the present article, and article 153, I and II, no other tribute
may be levied on transactions concerning electric energy, telecommunications
services, petroleurn by-products fuels and minerals of the country."
"Article
156...............................................................................
III services of any nature not included in article 155; II; as defined in a
supplementary law.
Paragraph 3 - As regards the tax established in item III; a supplementary
law shall:
I - establish its maximum rates;
II - exclude exportations of services
to other countries from levy of the said tax. "
"Article
160..............................................................................
Sole paragraph - The prohibition mentioned in the present article does not
prevent the Union and the states from remitting the funds on condition of
payment of their credits, including those of the autonomous government
agencies."
"Article
167..................................................................
IV - to bind tax revenues to an agency, fund or expense, excepting the
sharing of the proceeds from the collection of the taxes referred to in
articles 158 and 159, the allocation of funds for the maintenance and
development of education, as determined in article 212, and the granting of
guarantees on credit transactions by advance of revenues, as established in
article 165, paragraph 8, as well as in paragraph 4 of the present article;
Paragraph 4 - It is permitted to bind proper revenues generated by the
taxes referred to in articles 155 and 156, and the funds mentioned in articles
157,158 and 159, I, a and b, to the granting of a guarantee or a
counterguarantee to the Union, and to the payment of debits owed to the
same."
*Article 2. The Union may institute, under the terms of a
supplementary law, effective until December 31, 1994, a tax on the transaction
or transfer of securities and of credits and rights of a financial nature.
* Paragraph 4 revoked by article 2 of the Revision
Constitutional Amendments 1/94.
Paragraph 1. The rate of the tax mentioned in the present article shall not
exceed twenty-five hundredths percent, and the Executive Power may reduce it or
re-establish it, in whole or in part, under the conditions and limits set forth
in law.
Paragraph 2 - Article 150, III, b, and VI, and the provisions of paragraph 5
of article 153 of this Constitution do not apply to the tax mentioned in the
present article.
Paragraph 3 - The proceeds from the collection of the tax mentioned in the
present article are not subject to any mode of sharing with another unit of the
federation.
Paragraph 4 - Of the proceeds from the collection of the tax mentioned in the
present article, twenty percent shall be assigned to the funding of low- income
housing programs.
Article 3. The elimination of the tax additional to income tax, within
the competence of the states, deriving from the present Constitutional
Amendment, shall only become effective as of January 1, 1996, the corresponding
rate being reduced to at least two and a half percent in the fiscal year of
1995.
Article 4. The elimination of the tax on the retail sales of liquid
and gaseous fuels, within the competence of the municipalities, deriving from
the present Constitutional Amendment, shall only become effective as of January
1, 1996, the corresponding rate being reduced to at least one and a half percent
in the fiscal year of 1995.
Article 5. Until December 31, 1999, the states, the Federal District
and the municipalities may only issue public debt bonds up to the amount
necessary to refinance the principal, adequately updated, of its liabilities.
represented by that type of bonds, with the exception of the provisions of
article 33, sole paragraph, of the Temporary Constitutional Provisions Act.
Article 6. Item IV and paragraph 4 of article 156 of the Federal
Constitution are hereby revoked.
Brasília, March 17, 1993.
THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Deputy Inocęncio Oliveira,
President - President-Deputy Adylson Motta, First Vice-President - Deputy
Fernando Lyra, Second Vice-President - Deputy , Wilson Campos - First Secretary
- Deputy Cardoso Alves, Second Secretary - Deputy B. Sá, Fourth Secretary.
THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator Humberto Lucena,
President - Senator Chagas Rodrigues, First Vice-President - Senator
Levy Dias, Second Vice-President - Senator Júlio Campos, First
Secretary - Senator Nabor Júnior, Second Secretary - Senator Júnia
Marise, Third Secretary Senator Nelson Wedekin, Fourth Secretary.
Official Journal, March 18, 1993.
ORIGINAL WORDING
Article 42:
"Paragraph 10 - The provisions in article 40, paragraphs 4 and 5, apply to
the servicemen referred to in this article and to their
pensioners."
Article 102, I:
"a) direct actions of unconstitutionality of a federal or state law or
normative act."
"Sole paragraph - A claim of noncompliance with a
fundamental precept deriving from this Constitution shall be examined by the
Supreme Federal Court, under the terms of the law."
Article 150:
"Paragraph 6 - Any amnesty or remission concerning taxes or social
security may only be granted ba- means of a specific state or municipal
law."
Article 155:
"Article 155. The states and the Federal District shall power to
institute:
I - taxes on:
a) transfer by death and donation of any
property or rights;
b) transactions relating to the circulation of goods
and to the rendering of interstate and intermunicipal transportation services
and services of communication, even when such transactions and renderings
begin abroad;
c) ownership of automotive vehicles;
II - additional tax
of up to five per cent of the tax paid to the Union by individuals or
corporate bodies, domiciled in the respective territories, in the quality of
the tax instituted in article 153, III, on capital profits, gains and income.
Paragraph 1 - The tax established in item I, a:"
"Paragraph 2 -
The tax established in item I, b, shall observe the following:"
"Paragraph
3 - With the exception of the taxes mentioned in item I, b, of the caption of
the present article, and article 153, I and II, and 156, III, no other tribute
shall be levied on transactions concerning electric energy, liquid and gaseous
fuels, lubricants and minerals of the country."
Article 156:
"III - retail sales of liquid and gaseous fuels, except diesel oil. IV -
services of any nature not included in article I, b, as defined in a
supplementary law."
"Paragraph 3 - The tax set forth in item III does not
exclude the levy of the state tax set forth in article 155, I, b, on the same
transaction.
Paragraph 4 - A supplementary law shall:
I - establish
the maximum rates for the taxes set forth in items III and IV.
II -
exclude exportations of services to other countries from levy of the tax set
forth in item IV."
Article 160:
"Sole paragraph - This prohibition shall not prevent the Union from
remitting the funds on condition of payment of its credits.
Article
167:
"IV - to bind tax revenues to an agency, fund or expense, excepting the
sharing of the proceeds from the collection of the taxes referred to in
articles 158 and 159, the allocation of funds for the maintenance and
development of education, as determined in article 212, and the granting of
guarantees on credit transactions by advance of revenues, as established in
article 165, paragraph 8;"
CONSTITUTIONAL AMENDMENT No. 4, 1993
Gives new wording to article 16 of the Federal Constitution.
The
Directing Boards of the Chamber of Deputies and of the Federal Senate, under the
terms of paragraph 3 of article 60, of the Federal Constitution. promulgate the
following Amendment to the constitutional text:
Sole Article. Article 16 of the Federal Constitution shall henceforth
be in force with the following wording:
"Article 16. The law that alters the electoral procedure shall come
into force on the date of its publication, and shall not apply to the
elections that take place within one year of it being in force.'
Brasília,
September 14, 1993.
THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Deputy Inocęncio
Oliveira President - Deputy Wilson Campos, First Secretary - Deputy
Cardoso Alves, Second Secretary - Deputy B. Sá, Fourth Secretary.
THE DIRECTING BOARD OF THE FEDERAL SENATE: Senator Humberto Lucena,
President - Senator Chagas Rodrigues, First Vice-President - Senator
Levy Dias, Second Vice-President - Senator Júlio Campos, First
Secretary - Senator Nabor Júnior, Second Secretary.
Official Journal, September 15, 1993.
ORIGINAL WORDING
"Article 16. The law altering the electoral procedure shall into
force only one year after it is promulgated."
CONSTITUTIONAL AMENDMENT No. 5, 1995
Alters paragraph 2 of article 25 of the Federal Constitution
The
Directing Boards of the Chamber of Deputies and of the Federal Senate, under the
terms of paragraph 3 of article 60, of the Federal Constitution. promulgate the
following Amendment to the constitutional text:
Sole Article. Paragraph 2 of article 25 of the Federal Constitution ‡
henceforth be in force with the following wording:
"Article 25
Paragraph 2 - The states shall have the power to
operate, directly or by means of concession, the local services of piped gas
provided for by law, it being forbidden to issue any provisional measure for
its regulation."
Brasília, August 15, 1995.
THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Luís Eduardo,
President - Ronaldo Perim, First Vice-President - Beto Mansur,
Second Vice-President - Wilson Campos, First Secretary - Leopoldo
Bessone, Second Secretary - Benedito Domingos, Third Secretary -
Joăo Henrique, Fourth Secretary.
THE DIRECTING BOARD OF THE FEDERAL SENATE: José Sarney, President -
Teotonio Vilela Filho, First Vice-President - Júlio Campos, Second
Vice-President - Odacir Soares, First Secretary - Renan Calheiros,
Second Secretary - Levy Dias, Third Secretary - Ernandes Amorim, Fourth
Secretary.
Official Journal, August 16, 1995.
ORIGINAL WORDING
Article 25:
"Article 25.
Paragraph 2 - The states shall have the power to operate, directly or by
means of a concession to a slate-owned company, with exclusive rights of
distribution, the local services of piped gas."
CONSTITUTIONAL AMENDMENT No. 6, 1995
Alters item IX of article 170, article I71, and paragraph I of article
176 of the Federal Constitution.
The Directing Boards of the Chamber of
Deputies and of the Federal Senate, under the terms of paragraph 3 of article
60, of the Federal Constitution. promulgate the following Amendment to the
constitutional text:
Article 1. Item IX of article 170 and paragraph I of article 176 of
the Federal Constitution shall henceforth be in force with the following
wording:
"Article 170.
IX - preferential treatment for small enterprises organized under Brazilian
laws and having their head-office and management in Brazil."
"Article
176...................................................................
Paragraph 1 - The prospecting and mining of mineral resources and the
utilization of the potentials mentioned in the caption of this article may
only take place with authorization or concession by the Union, in the national
interest, by Brazilians or by a company organized under Brazilian laws and
having its head- office and management in Brazil, in the manner set forth by
law, which law shall establish specific conditions when such activities are to
be conducted in the boundary zone or on Indian lands."
Article 2.
The following article 246 shall be included in Title IX - '' Constitutional
Provisions":
"Article 246. The adoption of any provisional measure for the regulation
of any article of the Constitution the wording of which has been altered by
means of an amendment enacted as of 1995 is forbidden "
Article 3.
Article 171 of the Federal Constitution is hereby revoked.
Brasília. August 15, 1995.
THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Luís Eduardo,
President - Ronaldo Perim, First Vice-President - Beto Mansur,
Second Vice-President - Wilson Campos, First Secretary - Leopoldo
Bessone, Second Secretary - Benedito Domingos, Third Secretary -
Joăo Henrique, Fourth Secretary.
THE DIRECTING BOARD OF THE FEDERAL SENATE: José Sarney, President -
Teotonio Vilela Filho, First Vice-President - Júlio Campos, Second
Vice-President - Odacir Soares, First Secretary - Renan Calheiros,
Second Secretary - Levy Dias, Third Secretary - Ernandes Amorim, Fourth
Secretary.
Official Journal, August 16, 1995.
ORIGINAL WORDING
Article 170:
"IX - preferential treatment for small Brazilian enterprises of national
capital."
Article 171.
"Article 171. It is considered:
I - a Brazilian company, one
that is organized under Brazilian laws and has its head-office and management
in Brazil; II - a Brazilian company of domestic capital, one whose effective
control is directly or indirectly held permanently either by individuals
resident and domiciled in Brazil or by domestic public entities, the effective
control of the company being understood as the ownership of the majority of
its voting capital and de facto and legal exercise of the decision-making
power to manage its activities.
Paragraph 1 - The law may, with regard to a Brazilian company of domestic
capital:
I - grant special temporary protection and benefits for the
development of activities deemed strategic for the national defense or vital
to the development of the country;
II - establish, whenever it deems a
sector vital to national technological development, the following conditions
and requisites, among others:
a) the requirement that the control
mentioned in item II of the caption be extended to the company's technological
activities this being understood as de facto and legal exercise of the
decision-making power to develop or absorb technology;
b) percentages of
capital participation by individuals domiciled and resident in Brazil or by
domestic public entities.
Paragraph 2 - In the procurement of goods and services, the Government
shall give preferential treatment to Brazilian companies of domestic capital,
as established by law."
Article 176:
"Article 176. Mineral deposits, under exploitation or not, and
other mineral resources and the hydraulic energy potentials form, for the
purpose of exploitation or utilization, a property separate from that of the
soil and belong to the Union, the concessionaire being guaranteed the
ownership of the mined product.
Paragraph 1 - The prospecting and mining of mineral resources and the
utilization of the potentials mentioned in the caption of this article may
only take place with authorization or concession by the Union, in the national
interest, by Brazilians or by Brazilian companies of domestic capital, in the
manner set forth by law, which law shall establish specific conditions when
such activities are to be conducted in the boundary zone or on Indian lands.
Paragraph 2 - The owner of the soil is ensured of participation in the
results of the mining operation, in the manner and amount as the law shall
establish.
Paragraph 3 - Authorization for prospecting shall always be for a set
period of time and the authorization and concession set forth in this article
may not be assigned or transferred, either in full or in part, without the
prior consent of the conceding authority.
Paragraph 4 - Exploitation of a renewable energy potential of small
capacity shall not require an authorization or concession."
CONSTITUTIONAL AMENDMENT No. 7, 1995
Alters article 178 of the Federal Constitution and provides for the
adoption of Provisional Measures.
The Directing Boards of the Chamber of
Deputies and of the Federal Senate, under the terms of paragraph 3 of article
60, of the Federal Constitution. promulgate the following Amendment to the
constitutional text:
Article 1. Article 178 of the Federal Constitution shall henceforth be
in force with the following wording:
"Article 178. The law shall provide for the regulation of air water
and ground transportation, and it shall, in respect to the regulation of
international transportation, comply with the agreements entered into by the
Union, with due regard to the principle of reciprocity.
Sole Paragraph. In regulating water transportation, the law shall set forth
the conditions in which the transportation of goods in coastal and internal
navigation will be permitted to foreign vessels."
Article 2. The
following article 246 shall be included in Title IX - "General Constitutional
Provisions"
"Article 246. The adoption of any provisional measure for the regulation of
any article of the Constitution the wording of which has been altered by means
of an amendment enacted as of 195 is forbidden "
Brasília, August 15,1995.
THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Luís Eduardo,
President - Ronaldo Perim, First Vice-President - Beto Mansur,
Second Vice-President - Wilson Campos, First Secretary - Leopoldo
Bessone, Second Secretary - Benedito Domingos, Third Secretary -
Joăo Henrique, Fourth Secretary.
THE DIRECTING BOARD OF THE FEDERAL SENATE: José Sarney, President -
Teotonio Vilela Filho, First Vice-President - Júlio Campos, Second
Vice-President - Odacir Soares, First Secretary - Renan Calheiros,
Second Secretary - Levy Dias, Third Secretary - Ernandes Amorim, Fourth
Secretary.
Official Journal, August 16, 1995.
ORIGINAL WORDING
Article 178:
"Article 178. The law shall provide for:
I - the regulation of air, ocean and ground transportation;
II - the
predominance of domestic shipowners and ship of Brazilian flag and
registration, and of those of the exporting or importing country;
III -
bulk transportation;
IV - the use of fishing and other vessels.
Paragraph 1- The regulation of international transportation shall comply
with the agreements entered into by the Union with due regard for the
principle of reciprocity.
Paragraph 2 - The captains, at least two-thirds of the crew, as well as
those who own and exploit domestic vessels shall be Brazilian.
Paragraph 3 - Coastal and internal navigation are restricted to Brazilian
vessels. except in the event of public necessity, as established by
law."
CONSTITUTIONAL AMENDMENT No. 8, 1995
Alters item X3 and letter "a " of item XII of article 21 of the Federal
Constitution.
The Directing Boards of the Chamber of Deputies and of the
Federal Senate, under the terms of paragraph 3 of article 60, of the Federal
Constitution. promulgate the following Amendment to the constitutional text:
Article 1. Item XI and letter a of item XII of article 21 of the
Federal Constitution shall henceforth be in force with the following wording:
"Article 21. The Union shall have the power to:
XI - operate, directly or through authorization, concession or permission,
the telecommunications services, as set forth by law, which law shall provide
for the organization of the services, the establishment of a regulatory agency
and other institutiutional issues;
XII - operate, directly or through
authorization, concession or permission:
a) the services of sound
broadcasting and of sound and image broadcasting;
Article 2. The
adoption of any Provisional Measure for the regulation of the matter set forth
in item XI of article 21 with the wording given by this constitutional amendment
is forbidden.
Brasília, August 15, 1995.
THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Luís Eduardo,
President - Ronaldo Perim, First Vice-President - Beto Mansur,
Second Vice-President - Wilson Campos, First Secretary - Leopoldo
Bessone, Second Secretary - Benedito Domingos, Third Secretary -
Joăo Henrique, Fourth Secretary.
THE DIRECTING BOARD OF THE FEDERAL SENATE: José Sarney, President -
Teotonio Vilela Filho, First Vice-President - Júlio Campos, Second
Vice-President - Odacir Soares, First Secretary - Renan Calheiros,
Second Secretary - Levy Dias, Third Secretary - Ernandes Amorim, Fourth
Secretary.
Official Journal, August 16, 1995.
ORIGINAL WORDING
Article 21:
"XI - operate, directly or through concession to companies with the
majority of voting shares under state control, the telephone, telegraph and
data transmission services as well as other public telecommunications
services, provided that information services may be rendered by private legal
entities through the public telecommunications network operated by the Union;
XII - operate, directly or through authorization, concession or
permission:
a) the services of sound broadcasting and of sound and image
broadcasting as well as other telecommunications services;"
CONSTITUTIONAL AMENDMENT No. 9, 1995
Gives new wording to article 177 of the Federal Constitution, altering
and inserting paragraphs.
The Directing Boards of the Chamber of
Deputies and of the Federal Senate, under the terms of paragraph 3 of article
60, of the Federal Constitution. promulgate the following Amendment to the
constitutional text:
Article 1. Paragraph 1 of article 177 of the Federal Constitution
shall henceforth be in force with the following wording:
"Article
177........................................................................
Paragraph 1 - The Union may contract with state-owned or with private
enterprises for .he execution of the activities provided for in items I
through IV of this article, with due regard for the conditions set forth by
law."
Article 2. A paragraph shall be included, to be numbered as
paragraph 2, with the following wording, the present paragraph 2 becoming
paragraph 3, in article 177 of the Federal Constitution:
"Article
177........................................................................
Paragraph 2 - The law referred to in paragraph 1 shall provide for:
I -
a guarantee of supply of petroleum products in the whole national territory;
II- the conditions of contracting;
III- the structure and duties of
the regulatory agency of the monopoly of the Union."
Article 3.
The issuing of any provisional measure for the regulation of the matter set
forth in items I through IV and in paragraphs 1 and 2 of article 177 of the
Federal Constitution is forbidden.
Brasília, November 9, 1995.
THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Luís Eduardo,
President - Ronaldo Perim, First Vice-President - Beto Mansur,
Second Vice-President - Wilson Campos, First Secretary - Leopoldo
Bessone, Second Secretary - Benedito Domingos, Third Secretary -
Joăo Henrique, Fourth Secretary.
THE DIRECTING BOARD OF THE FEDERAL SENATE: José Sarney, President -
Teotonio Vilela Filho, First Vice-President - Júlio Campos, Second
Vice-President - Odacir Soares, First Secretary - Renan Calheiros,
Second Secretary - Levy Dias, Third Secretary - Ernandes Amorim, Fourth
Secretary.
Official Journal. November 10, 1995
ORIGINAL WORDING
Article 177:
"Paragraph 1- The monopoly set forth in this article includes the risks
and results deriving from the activities mentioned therein, and the Union is
forbidden to assign or grant concessions of any kind of participation, either
in kind or in legal tender, in the exploitation of petroleum or natural gas
deposits, excepting the provisions of article 20, paragraph I ."
Paragraph 2 - The law shall provide with respect to the transportation and
use of radioactive materials within the national territory."
CONSTITUTIONAL AMENDMENT No. 10, 1996
Alters articles 71 and 72 of the Temporary Constitutional Provisions
Act, introduced by the Revision Constitutional Amendment No. I of
1994.
The Directing Boards of the Chamber of Deputies and of the Federal
Senate, under the terms of paragraph 3 of article 60, of the Federal
Constitution. promulgate the following Amendment to the constitutional text:
Article 1. Article 71 of the Temporary Constitutional Provisions Act
shall henceforth be in force with the following wording:
"Article 71. The Emergency Social Fund is hereby instituted for the
fiscal years of 1994 and 1995, as well as for the period from January 1, 1996
through June 30, 1997, aiming at the financial recuperation of the Federal
Public Finances and the economic stabilization, the resources of which shall
be applied primarily to the actions of the health and education systems, the
welfare benefits and welfare assistance of permanent nature, including the
payment of welfare debts and budgetary expenditures associated to programs of
great economic and social interest.
Paragraph 1 - The provision of the
final part of item II of paragraph 9 of article 165 of the Constitution shall
not apply to the Fund established bv this article.
Paragraph 2 - From the
beginning of the 1996 fiscal year on, the Fund established by this article
shall be called Fiscal Stabilization Fund.
Paragraph 3 - The Executive Power shall publish, on a bimonthly basis, a
budget execution statement, which statement shall list the sources and
applications of the Fund established by this article."
Article 2.
Article 72 of the Temporary Constitutional Provisions Act shall henceforth be in
force with the following wording:
"Article 72. The Emergency Social Fund is comprised of:
1-.............................................................................................,
II - the part of the proceeds from the collection of the tax on income and
earnings of any nature, and of the tax on credit, foreign exchange and
insurance transactions, or transactions relating to bonds and securities,
resulting from the changes generated by Law 8,894 of June 21, 1994, and by
Laws 8,849 and 8,848, both dated January 28,1994 and further modifications;
III - the part of the proceeds from the collection due to the increase of
the rate of welfare contribution on the profit of taxpayers mentioned in
paragraph 1 of article 22 of Law 8,212 of July 24, 1991, which, in the fiscal
years of 1994 and 1995, as well as in the period from January 1, 1996 through
June 30, 1997, shall be of 30 percent, subject to modification by ordinary
law, the other stipulations of Law 7,689 of December 15, 1988 remaining
unchanged;
IV - twenty percent of the proceeds from the collection of all
taxes and contributions to the Union, already instituted or to be instituted,
except those provided by items I, II and III, with due regard to the
provisions of paragraphs 3 and 4;
V - the part of the proceeds from the
collection of the contribution mentioned in Supplementary Law 7, of September
7, l970, owed by the juridical entities referred to in item III of this
article, which will be calculated, in the fiscal years of 1994 and 1995, as
well as in the period from January 1, 1996 through June 30, 1997, through the
employment of a rate of seventy five hundredths of one percent, subject to
modification by ordinary law, on the gross operating income, as defined in the
legislation of income tax and earnings of any nature; and
VI -
................................................................................
Paragraph 1 -
................................................................
......................................................................................
Paragraph 2 - The parts referred to in items I, II, III and V shall be
previously deducted from the calculation base of any legal or constitutional
designation or participation, and the provisions of articles 159, 212 and 239
of the Constitution shall not apply to them.
Paragraph 3 - The part
referred to in item IV shall be previously deducted from the calculation base
of any constitutions or legal designation or participation stipulated by
articles 153, paragraph 5, 157, II, 212 and 239 of the Constitution.
Paragraph 4 - The provision of the former paragraph shall not apply to the
resources provided by articles 158, II, and 159 of the Constitution.
Paragraph 5 - The part of the resources originating from the tax on income
and earnings of any nature, designated for the Emergency Social Fund, as
provided by item II of the article, shall not exceed five and six-tenths of
one percent of the total proceeds from its collection."
Article 3.
This Constitutional Amendment shall come into force on the date of its
publication.
Brasília, March 4, 1996.
THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Luís Eduardo,
President - Ronaldo Perim, First Vice-President - Beto Mansur,
Second Vice-President - Wilson Campos, First Secretary - Leopoldo
Bessone, Second Secretary - Benedito Domingos, Third Secretary -
Joăo Henrique, Fourth Secretary.
THE DIRECTING BOARD OF THE FEDERAL SENATE: José Sarney, President -
Teotonio Vilela Filho, First Vice-President - Júlio Campos, Second
Vice-President - Odacir Soares, First Secretary - Renan Calheiros,
Second Secretary - Levy Dias, Third Secretary - Ernandes Amorim, Fourth
Secretary.
Official Journal. March 7, 1996.
ORIGINAL WORDING
Article 71:
"Article 71. The Emergency Social Fund is hereby instituted for the
fiscal years of 1994 and 1995, aiming at the financial recuperation of the
Federal Public Finances and the economic stabilization, the resources of which
shall be applied to the actions of the health and education systems, the
welfare benefits and welfare assistance of permanent nature, including the
payment of welfare debts, as well as other programs of great social and
economic interest.
Sole paragraph. The provision of the final part of item
II of paragraph 9 of article 165 of the Constitution shall not apply, in the
1994 fiscal year, to the the Fund established by this article."
Article
72
"I -
..........................................................................................
II - the part of the proceeds from the collection of the tax on urban
buildings and urban land property, of the tax on income and earnings of any
nature, and of the tax on credit, foreign exchange and insurance transactions,
or transactions relating to bonds and securities, resulting from the changes
generated by Provisional Measure 419 and by Laws 8,847, 8,849 and 8,848, all
dated January 28, 1994, the period in force of the latter being extended to
December 31, 1995;
III - the part of the proceeds from the collection due
to the increase of the rate of welfare contribution on the profit of taxpayers
mentioned in paragraph 1 of article 22 of Law 8,212 of July 24, 1991, which,
in the fiscal years of 1994 and 1995 shall be of 30 percent, the other
stipulations of Law 7,869 of December 15, 1988 remaining unchanged;
IV -
twenty percent of the proceeds from the collection of all taxes and
contributions to the Union, except those provided by items I, II and III
V
- the part of the proceeds from the collection of the contribution mentioned
in Supplementary Law 7, of September 7, 1970, owed by the juridical entities
referred to in item III of this article, which. will be calculated, in the
fiscal! years of 1994 and 195, through the employment of a rate of seventy
five hundredths of one percent on the gross operating income, as defined in
the legislation of income tax and earnings of any nature;
.....................................................................................
Paragraph 1 - The rates and calculation base defined in items III and V
shall be applied as from the first day of the month following the ninetieth
day after the promulgation of this amendment.
Paragraph 2 - The parts
referred to in items I, II, III and V shall be previously deducted from the
calculation base of any legal or constitutional designation or participation,
and the provisions of articles 158, II, 159, 212 and 239 of the Constitution
shall not apply to them.
Paragraph 3 - The part referred to in item IV
shall be previously deducted from the calculation base of any constitutional
or legal designation or participation stipulated by articles 153, paragraph 5,
l 57, II, 158, II, 212 and 239 of the Constitution.
Paragraph 4 - The
provision of the former paragraph shall not apply to the resources provided by
article 159 of the Constitution Paragraph 5 - The part of the resources
originating from the tax on rural property and from the tax on income and
earnings of any nature, designated for the Emergency Social Fund, as provided
by item II of this article, shall not exceed:
I - in the case of the tax
on rural property, eighty-six and two- tenths of one percent of the total
proceeds from its collection;
II - in the case of the tax on income and
earnings of any nature, five and six-tenths of one percent of the total
proceeds from its collection.'
CONSTITUTIONAL AMENDMENT No. 11, 1996
Allows the hiring of foreign professors, technicians and scientists by
the Brazilian universities and grants autonomy to the scientific and
technological research institutions.
The Directing Boards of the Chamber
of Deputies and of the Federal Senate, under the terms of paragraph 3 of article
60, of the Federal Constitution. promulgate the following Amendment to the
constitutional text:
Article 1. Two paragraphs are added to article 207 of the Federal
Constitution with the following wording:
"Article
207.................................................................
Paragraph 1 - The universities are permitted to hire foreign professors,
technicians and scientists as provided by law.
Paragraph 2 - The
provisions of this article apply to scientific and technological research
institutions."
Article 2. This Amendment shall come into force on the
date of its publication.
Brasília, April 30, 1996.
THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Luís Eduardo,
President - Ronaldo Perim, First Vice-President - Beto Mansur,
Second Vice-President - Wilson Campos, First Secretary - Leopoldo
Bessone, Second Secretary - Benedito Domingos, Third Secretary -
Joăo Henrique, Fourth Secretary.
THE DIRECTING BOARD OF THE FEDERAL SENATE: José Sarney, President -
Teotonio Vilela Filho, First Vice-President - Júlio Campos, Second
Vice-President - Odacir Soares, First Secretary - Renan Calheiros,
Second Secretary - Levy Dias, Third Secretary - Ernandes Amorim, Fourth
Secretary.
Official Journal, May 2, 1996.
CONSTITUTIONAL AMENDMENT No. 12, 1996
Grants competency to the Union to establish provisional contribution on
the movement or transmission of monies and of credits and rights of financial
nature.
The Directing Boards of the Chamber of Deputies and of the
Federal Senate, under the terms of paragraph 3 of article 60, of the Federal
Constitution. promulgate the following Amendment to the constitutional text:
Sole Article. Article 74 is included in the Temporary Constitutional
Provisions Act, with the following wording:
"Article 74. The Union may establish provisional contribution on
the movement or transmission of monies and of credits and rights of financial
nature.
Paragraph I - The rate of the contribution mentioned in this
article shall not exceed twenty-five hundredths of one percent, and the
Executive Power may reduce it or reestablish it, in whole or in part, in the
conditions and limits provided for by law.
Paragraph 2 - The provisions of
articles 153, paragraph 5, and 154, I, of the Constitution shall not apply to
the contribution mentioned in this article.
Paragraph 3 - The whole of the
proceeds from the collection of the contribution mentioned in this article
shall be allocated to the National Health Foundation for the financing of
health actions and services.
Paragraph 4 - The liability for the
contribution mentioned in this article shall be governed by the provisions of
article 195, paragraph 6, of the Constitution, and it shall not be collected
for longer than two years."
Brasília, August 15, 1996.
THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Luís Eduardo,
President - Ronaldo Perim, First Vice-President - Beto Mansur,
Second Vice-President - Wilson Campos, First Secretary - Leopoldo
Bessone, Second Secretary - Benedito Domingos, Third Secretary -
Joăo Henrique, Fourth Secretary.
THE DIRECTING BOARD OF THE FEDERAL SENATE: José Sarney, President -
Teotonio Vilela Filho, First Vice-President - Júlio Campos, Second
Vice-President - Odacir Soares, First Secretary - Renan Calheiros,
Second Secretary - Ernandes Amorim , Third Secretary - Eduardo
Suplicy, Substitute Secretary.
Official Journal. August 16, 1996.
CONSTITUTIONAL AMENDMENT No. 13, 1996
Gives new wording to item 11 of article 192 of the Federal
Constitution.
The Directing Boards of the Chamber of Deputies and of the
Federal Senate, under the terms of paragraph 3 of article 60, of the Federal
Constitution. promulgate the following Amendment to the constitutional text:
Sole Article. Item II of article 192 of the Federal Constitution shall
be in force with the following wording:
"Article
192..................................................................
II - authorization and operation of insurance, reinsurance, so security and
capitalization companies, as well as of supervising agency;"
Brasília,
August 21, 1996.
THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Luís Eduardo,
President - Ronaldo Perim, First Vice-President - Beto Mansur,
Second Vice-President - Wilson Campos, First Secretary - Leopoldo
Bessone, Second Secretary - Benedito Domingos, Third Secretary -
Joăo Henrique, Fourth Secretary.
THE DIRECTING BOARD OF THE FEDERAL SENATE: José Sarney, President -
Teotonio Vilela Filho, First Vice-President - Júlio Campos, Second
Vice-President - Odacir Soares, First Secretary - Renan Calheiros,
Second Secretary - Ernandes Amorim , Third Secretary - Eduardo
Suplicy, Substitute Secretary.
Official Journal, August 22, 1996.
ORIGINAL WORDINGArticle 192:
"II - authorization and operation of insurance, social security and
capitalization companies, as well as the official supervising agency and of
the official reinsurance agency;"
CONSTITUTIONAL AMENDMENT No. 14, 1996
Alters articles 34, 208, 211 and 212 of the Federal Constitution and
gives new wording to article 60 of the Temporary Constitutional Provisions
Act.
The Directing Boards of the Chamber of Deputies and of the Federal
Senate, under the terms of paragraph 3 of article 60, of the Federal
Constitution. promulgate the following Amendment to the constitutional text:
Article 1. Subitem e is added to item VII of article 34 of the
Federal Constitution, with the following wording:
"e) the application of the mandatory minimum of income resulting from
state taxes, including those originating from transfers, to the maintenance
and development of education."
Article 2. New wording is given to
items I and II of article 208 of the Federal Constitution, as follows:
Article 3. New wording is given to paragraphs I and 2
of article 211 of the Federal Constitution, and two additional paragraphs are
inserted in this article, to read as follows:
"Article
211................................................................
Paragraph 1 - The Union shall organize the federal education system and
that of the Territories, shall finance the federal public educational
institutions and shall have, in educational matters, a redistributive and
supplementary function, so as to guarantee the equalization of the educational
opportunities and a minimum standard of quality of education, through
technical and financial assistance to the States, the Federal District and the
Municipalities.
Paragraph 2 - The Municipalities shall act on a priority
basis in elementary education and in the education of children.
Paragraph
3 - The States and the Federal District shall act on a priority basis in
elementary and secondary education.
Paragraph 4 - In the organization of
their educational systems, the States and Municipalities shall establish forms
of cooperation, so as to guarantee the universalization of the mandatory
education."
Article 4. New wording is given to paragraph 5 of
article 212 of the Federal Constitution, as follows:
"Paragraph 5 - The public elementary education shall have, as an
additional source of financing, the social contribution for education.
collected from companies as provided by law."
Article 5. Article 60
of the Temporary Constitutional Provisions Act is hereby altered and new
paragraphs are inserted into it, with the article having the following wording:
"Article 60. In the first ten years after the promulgation of this
Amendment, the States, the Federal District and the Municipalities shall
allocate no less than 60% of the funds referred to in the caption of article
212 of the Federal Constitution, to the maintenance and development of
elementary education, aiming at the assurance of the universalization of the
service and the payment of appropriate salaries to the teachers.
Paragraph
I - The distribution of responsibilities and resources between the States and
their Municipalities, to be effected with part of the resources defined in
this article, as set forth in article 211 of the Federal Constitution, is
assured through the establishment, within each State and the Federal District,
of a Fund for the Maintenance and Development of the Elementary Education and
for the Increase of the Worth of the Teaching Profession, of a financial
nature.
Paragraph 2 - The Fund referred to in the preceding paragraph
shall be made up by, at least, fifteen percent of the resources referred to in
articles 1 55, item Il : l S8 item IV. and 159, item I, subitems a and b; and
item 11, of the Federal Constitution, and shall be distributed among each
State and its Municipalities, in proportion to the number of students in the
respective elementary education networks.
Paragraph 3 - The Union shall
supplement the resources of the Funds referred to in paragraph 1, whenever in
each State and in the Federal District its value per student does not reach
the nationally set minimum.
Paragraph 4 - The Union, the States, the
Federal District and the Municipalities shall effect, during a period of five
years, progressive adjustments of their contributions to the Fund, so as to
guarantee a value per student corresponding to a minimum quality standard of
education, defined at the national level. Paragraph 5 - A share of not less
than 60% of the resources of each Fund referred to in paragraph 1 shall be
used for the payment of elementary education teachers actually teaching.
Paragraph 6 - The Union shall apply never less than 30 percent of the
resources referred to in the caption of article 212 of the Federal
Constitution to the eradication of illiteracy and to the maintenance and
development of the elementary education, including the supplementation
referred to in paragraph 3.
Paragraph 7 - The law shall provide for the
organization of the Funds, the proportional distribution of its resources, its
oversight and control, as well as for the way to calculate the national
minimum value per student."
Article 6. This Amendment shall come into
force on January 1 of the year subsequent to that of its promulgation.
Brasília, September 12,1996.
THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Luís Eduardo,
President - Ronaldo Perim, First Vice-President - Beto Mansur,
Second Vice-President - Wilson Campos, First Secretary - Leopoldo
Bessone, Second Secretary - Benedito Domingos, Third Secretary -
Joăo Henrique, Fourth Secretary.
THE DIRECTING BOARD OF THE FEDERAL SENATE: José Sarney, President -
Teotonio Vilela Filho, First Vice-President - Júlio Campos, Second
Vice-President - Odacir Soares, First Secretary - Renan Calheiros,
Second Secretary - Ernandes Amorim , Third Secretary - Eduardo
Suplicy, Substitute Secretary.
Official Journal, September 13, 1996.
ORIGINAL WORDING
Article 208:
"I - compulsory and free elementary education, including for those who did
not have access to school at the proper age; II - progressive extension of
compulsory and free education secondary school;"
Article 211:
"Paragraph 1 - The Union shall organize and finance the federal
educational system and that of the territories and shall provide technical and
financial assistance to the states, the Federal District and the
municipalities for the development of their educational systems, and for the
compliance with the priority to be given to compulsory education.
Paragraph 2 - The municipalities shall act on a priority basis in
elementary and pre-school education."
Article 212:
"Paragraph 5 - The public elementary education shall have, as an
additional source of financing, the social contribution for education,
collected, as provided by law, from companies, which may deduct from it the
funds invested in the fundamental education of their employees and
dependents."
Article 60:
"Article 60. In the first ten years after the promulgation of the
Constitution, the Government shall endeavour, with the mobilization of all
organized sectors of society and with the application of at least fifty
percent of the funds referred to in article 212 of the Constitution, to
eradicate illiteracy and generalize elementary education.
Sole paragraph -
Within a like period of time, the public universities shall decentralize their
activities with the purpose of extending their higher education to cities of
greater population density."
CONSTITUTIONAL AMENDMENT 15, 1996
Gives new wording to paragraph 4 of article 18 of the Federal
Constitution.
The Directing Boards of the Chamber of Deputies and of the
Senate, under the terms of paragraph 3 of article 60 of the Federal Constitution
promulgate the following Amendment to the constitutional text:
Sole Article. Paragraph 4 of article 18 of the Federal Constitution
shall henceforth be in force with the following wording:
"Article
18..............................................................
Paragraph 4 - The establishment, merger, fusion and dismemberment of
municipalities shall be effected through state law, within the period set
forth by supplementary federal law, and shall depend on prior consultation. by
means of a plebiscite, of the population of the municipalities concerned,
after the publication of Municipal Feasibility Studies, presented and
published as set forth by law."
Brasília, September 12, 1996.
THE DIRECTING BOARD OF THE CHAMBER OF DEPUTIES: Luís Eduardo,
President - Ronaldo Perim, First Vice-President - Beto Mansur,
Second Vice-President - Wilson Campos, First Secretary - Leopoldo
Bessone, Second Secretary - Benedito Domingos, Third Secretary -
Joăo Henrique, Fourth Secretary.
THE DIRECTING BOARD OF THE FEDERAL SENATE: José Sarney, President -
Teotonio Vilela Filho, First Vice-President - Júlio Campos, Second
Vice-President - Odacir Soares, First Secretary - Renan Calheiros,
Second Secretary - Ernandes Amorim , Third Secretary - Eduardo
Suplicy, Substitute Secretary.
Official Journal, September 13, 1996.
ORIGINAL WORDING
Article 18:
"Paragraph 4 - The establishment, merger, fusion and dismemberment of
municipalities shall preserve the continuity and the historic-cultural unity
of the urban environment, shall be carried out by a state law, with due regard
for the requisites set forth in a state supplementary law and shall depend on
prior consultation, by means of a plebiscite, of the population directly
concerned."
REVISION CONSTITUTIONAL AMENDMENTS
REVISION CONSTITUTIONAL AMENDMENT No. 1,
1994
The Directing Board of the National Congress, under the terms of article 60
of the Federal Constitution, combined with article 3 of the Temporary
Constitutional Provisions Act, promulgates the following constitutional
amendment:
Article 1. Articles 71, 72 and 73, with the following wording, are
hereby added to the Temporary Constitutional Provisions Act:
"Article 71. The Emergency Social Fund is hereby instituted for the
fiscal years of 1994 and 1995, aiming at the financial recuperation of the
Federal Public Finances and the economic stabilization, the resources of which
shall be applied to the actions of the health and education systems, the
welfare benefits and welfare assistance of permanent nature, including the
payment of welfare debts, as well as other programs of great social and
economic interest.
Sole paragraph. The provision of the final part of item
II of paragraph 9 of article 165 of the Constitution shall not apply, in the
1994 fiscal year, to the the Fund established by this article.
Article 72. The Emergency Social Fund is comprised of:
I - the proceeds from the collection of the tax on income and earnings of
any nature to be levied at source on payments of any nature effected by the
Union, including its autonomous government agencies and foundations;
II -
the part of the proceeds from the collection of the tax on urban buildings and
urban land property, of the tax on income and earnings of any nature, and of
the tax on credit, foreign exchange and insurance transactions, or
transactions relating to bonds and securities, resulting from the changes
generated by Provisional Measure 419 and from Laws 8,847,8,849 and 8,468, all
dated January 28, 1994, the period in force of the latter being extended to
December 31, 1995;
III - the part of the proceeds from the collection due
to the increase of the rate of welfare contribution on the profit of taxpayers
mentioned in paragraph 1 of article 22 of Law 8.212 of July 24, 1991, which,
in the fiscal years of 1994 and 1995 shall be of 30 percent, the other
stipulations of Law 7,869 of December 15, 1988 remaining unchanged;
IV -
twenty percent of the proceeds from the collection of all taxes and
contributions to the Union, except those provided by items I, II and III;
V - the part of the proceeds from the collection of the contribution
mentioned in Supplementary Law 7, of September 7, 1970, owed by the juridical
entities referred to in item III of this article which will be calculated, in
the fiscal years of 1994 and 1995, through the employment of a rate of seventy
five hundredths of one percent on the gross operating income, as defined in
the legislation of income tax and earnings of any nature;
VI - other
incomes defined in specific legislation.
Paragraph 1 - The rates and calculation base defined in items III and V
shall be applied as from the first day of the month following the ninetieth
day after the promulgation of this amendment.
Paragraph 2 - The parts referred to in items I, II, III and V shall be
previously deducted of the calculation base of any legal or constitutional
designation or participation, and the provisions of articles 158, II, 159,212
and 239 of the Constitution shall not apply to them.
Paragraph 3 - The
part referred to in item IV shall be previously deducted from the calculation
base of any constitutional or legal designation or participation stipulated by
articles 153, paragraph 5, 157, II, 158, IT, 212 and 239 of the Constitution.
Paragraph 4 - The provision of the former paragraph shall not apply to the
resources provided by article 159 of the Constitution.
Paragraph 5 - The
part of the resources originating from the tax on rural property and from the
tax on income and earnings of any nature, designated for the Emergency Social
Fund, as provided by item II of this article, shall not exceed:
I - in the
case of the tax on rural property, eighty six and two- tenths of one percent
of the total proceeds from its collection;
II - in the case of the tax on
income and earnings of any nature, five and six-tenths of one percent of the
total proceeds from its collection
Article 73. In the regulation of the Emergency Social Fund, the
instrument provided by item V of article 59 of the Constitution may not be
applied."
Article 2. Paragraph 4 of article 2 of the
Constitutional Amendment No. 3 of 1993 is hereby revoked.
Article 3. This amendment shall come into force on the date of its
publication.
Brasília, March 1, 1994.
THE DIRECTING BOARD OF THE NATIONAL CONGRESS: Humberto Lucena,
President - Adylson Motta, First Vice-President - Levy Dias -
Second Vice-President Wilson Campos, First Secretary - Nabor
Júnior, Second Secretary -Aécio Neves, Third Secretary - Nelson
Wedekin, Fourth Secretary.
Official Journal, March 2, 1994.
REVISION CONSTITUTIONAL AMENDMENT No. 2,
1994
The Directing Board of the National Congress, under the terms of article 60
of the Federal Constitution, combined with article 3 of the Temporary
Constitutional Provisions Act, promulgates the following constitutional
amendment:
Article 1. The expression "or any chief officers of agencies directly
subordinate to the Presidency of the Republic" is added to the text of article
50 of the Constitution, which shall henceforth be in force with the following
wording:
"Article 50. The Chamber of Deputies and the Federal Senate, or any
of their committees, may summon a Minister of State or army chief officers of
agencies directly subordinate to the Presidency of the Republic to personally
render information on a previously determined matter, and this absence without
adequate justification shall constitute a crime of malversation."
Article
2. The expression "or any of the persons mentioned in the caption of this
article" is added to paragraph 2 of article 50, which shall henceforth be in
force with the following wording:
"Article
50.......................................................................
Paragraph 2 - The Directing Boards of the Chamber of Deputies and of the
Federal Senate may forward to the Ministers of State, or any of the persons
mentioned in the caption of this article, written requests for information,
and refusal or non-compliance, within a period of thirty days, as well as the
rendering of false information, shall constitute a crime of
malversation."
Article 3. This Constitutional Amendment shall come
into force on the date of its publication.
Brasília, June 7, 1994.
THE DIRECTING BOARD OF THE NATIONAL CONGRESS: Humberto Lucena,
President - Adylson Motta, First Vice-President - Levy Dias -
Second Vice-President Wilson Campos, First Secretary - Nabor
Júnior, Second Secretary -Aécio Neves, Third Secretary - Nelson
Wedekin, Fourth Secretary.
Official Journal, June 9, 1994.
ORIGINAL WORDING
Article 50.
"Article 50. The Chamber of Deputies or the Federal Senate, as well
as any of their committees may summon a Minister of State to personally render
information on a previously determined matter, and this absence without
adequate justification shall constitute a crime of malversation.
Paragraph
2 - The Directing Board of the Chamber of Deputies and of the Federal Senate
may forward to the Ministers of State written requests for information, and
refusal or non-compliance, within a period of thirty days, as well as the
rendering of false information, shall constitute a crime of malversation."
REVISION CONSTITUTIONAL AMENDMENT No. 3,
1994
The Directing Board of the National Congress, under the terms of article 60
of the Federal Constitution, combined with article 3 of the Temporary
Constitutional Provisions Act, promulgates the following constitutional
amendment:
Article 1. Letter c of item I, letter b of item II, paragraph 1
and item II of paragraph 4 of article 12 of the Federal Constitution shall
henceforth be in force with the following wording:
"Article
12........................................................................
I-...............................................................................................
a)
..............................................................................................
b)
.............................................................................................
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;
II -
....................................................................................
a)
......................................................................................
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 I - 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 the Constitution.
Paragraph 2 -
.................................................................
Paragraph 3 -
..................................................................
Paragraph 4 -
..................................................................
I-........................................................................................
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."
Article 2. This Constitutional
Amendment shall come into force on the date of its publication.
Brasília, June 7, 1994.
THE DIRECTING BOARD OF THE NATIONAL CONGRESS: Humberto Lucena,
President - Adylson Motta, First Vice-President - Levy Dias -
Second Vice-President Wilson Campos, First Secretary - Nabor
Júnior, Second Secretary -Aécio Neves, Third Secretary - Nelson
Wedekin, Fourth Secretary.
Official Journal, June 9, 1994.
ORIGINAL WORDING
Article 12:
"I -
.........................................................................................
c) those born abroad, of a Brazilian father or a Brazilian mother,
provided that they are registered with a competent Brazilian authority, or
come to reside in Brazil before reaching majority and, having reached
majority, opt for the Brazilian nationality at any time;
II -
..........................................................................................
b) foreigners of any nationality, resident in the Federative Republic of
Brazil for over thirty uninterrupted years and without criminal conviction,
provided that they apply for the Brazilian nationality.
Paragraph 1. The
rights inherent to born 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.
Paragraph
4............................................................................
II - acquires another nationality by voluntary naturalization."
REVISION CONSTITUTIONAL AMENDMENT No. 4,
1994
The Directing Board of the National Congress, under the terms of article 60
of the Federal Constitution, combined with article 3 of the Temporary
Constitutional Provisions Act, promulgates the following constitutional
amendment:
Article 1. The expressions: "administrative probity, morality for the
exercise of the office, the previous life of the candidate being considered,
and", are added to paragraph 9 of article 14 of the Constitution, after the
expression "in order to protect", the provision being henceforth in force with
the following wording:
"Article
14...................................................................................................
Paragraph 9 - In order to protect the administrative probity, morality for
the exercise of the office, the previous life of the candidate being
considered and the normality and legitimacy of the elections against the
influence of the economic power or of the abuse in the holding of office,
position or job in the direct or indirect public administration, a
supplementary law shall establish other cases of ineligibility and the periods
for such ineligibilities to cease."
Article 2. This Constitutional
Amendment shall come into force on the date of its publication.
Brasília, June 7, 1994.
THE DIRECTING BOARD OF THE NATIONAL CONGRESS: Humberto Lucena,
President - Adylson Motta, First Vice-President - Levy Dias -
Second Vice-President Wilson Campos, First Secretary - Nabor
Júnior, Second Secretary -Aécio Neves, Third Secretary - Nelson
Wedekin, Fourth Secretary.
Official Journal, June 9, 1994.
ORIGINAL WORDING
Article 14:
"Paragraph 9 - In order to protect the normality and legitimacy of the
elections against the influence of the economic power or of the abuse in the
holding of office position or job in the direct or indirect public
administration. a supplementary law shall establish other cases of
ineligibility and the periods for such ineligibilities to cease."
REVISION CONSTITUTIONAL AMENDMENT No. 5,
1994
The Directing Board of the National Congress, under the terms of article 60
of the Federal Constitution, combined with article 3 of the Temporary
Constitutional Provisions Act, promulgates the following constitutional
amendment:
Article 1. In article 82, the expression "five years" is replaced by
"four years."
Article 2. This Constitutional Amendment shall come into force on
January 1, 1995.
Brasília, June 7, 1994.
THE DIRECTING BOARD OF THE NATIONAL CONGRESS: Humberto Lucena,
President - Adylson Motta, First Vice-President - Levy Dias -
Second Vice-President Wilson Campos, First Secretary - Nabor
Júnior, Second Secretary -Aécio Neves, Third Secretary - Nelson
Wedekin, Fourth Secretary.
Official Journal, June 9, 1994.
ORIGINAL WORDING
Article 82:
"Article 82. The term of office of the President of the Republic is
of five years, the re-election for the subsequent term being forbidden. and
the term of office shall commence on January 1 of the year following the year
of his election."
REVISION CONSTITUTIONAL AMENDMENT No. 6,
1994
The Directing Board of the National Congress, under the terms of article 60
of the Federal Constitution, combined with article 3 of the Temporary
Constitutional Provisions Act, promulgates the following constitutional
amendment:
Article 1. Paragraph 4 is added to article 55, with the following
wording:
Article
55.....................................................................................................
Paragraph 4 - The resignation of a Congressman submitted to a legal suit
that aims at or may lead to loss of mandate, under the provisions of this
article, will have its effects suspended until the final deliberations
mentioned in paragraphs 2 and 3."
Article 2. This Constitutional
Amendment shall come into force on the date of its publication.
Brasília, June 7, 1994.
THE DIRECTING BOARD OF THE NATIONAL CONGRESS: Humberto Lucena,
President - Adylson Motta, First Vice-President - Levy Dias -
Second Vice-President Wilson Campos, First Secretary - Nabor
Júnior, Second Secretary -Aécio Neves, Third Secretary - Nelson
Wedekin, Fourth Secretary.
Official Journal, June 9, 1994.