Article 193. The social order is based OIl the primacy of work and aimed at social well-being and justice.
SECTION I - GENERAL PROVISIONS
Article 194. Social welfare comprises an integrated whole of actions initiated by the Government and by society, with the purpose of ensuring the rights to health, social security and assistance.
Sole paragraph - It is incumbent upon the Government, as provided by law. to organize social welfare, based on the following objectives:
Paragraph 2 - The proposal for the social welfare budget shall be drawn up jointly by the agencies responsible for health, social security and social assistance, in accordance with the goals and priorities established in the law of budgetary directives, ensuring each area of the management of its funds.
Paragraph 3 - A legal entity indebted to the social welfare system, as established in law, may not contract with the Government nor receive benefits or fiscal or credit incentives therefrom.
Paragraph 4 - The law may institute other sources intended to guarantee the maintenance or expansion of social welfare, with due regard to the provisions of article 154, I.
Paragraph 5 - No social welfare benefit or service may be created, increased or extended without a corresponding source of full funding.
Paragraph 6 - The social contributions referred to in this article may only be collected ninety days after the publication of the law which instituted or modified them, the provisions of article 150, III, b, not applying thereto.
Paragraph 7 - Benevolent entities of social assistance which meet the requirements established in law shall be exempt from contribution to social welfare.
Paragraph 8 - Rural producers, sharecroppers and tenant farmers, placer miners and self-employed fishermen, as well as their spouses, who exercise their activities within a household system and without permanent employees shall contribute to social welfare by applying a rate to the proceeds from the sale of their production and shall be entitled to the benefits provided by law.
Article 196. Health is a right of all and a duty of the State and shall be guaranteed by means of social and economic policies aimed at reducing the risk of illness and other hazards and at the universal and equal access to actions and serv ices for its promotion, protection and recovery.
Article 197. Health actions and services are of public importance, and it is incumbent upon the Government to provide, in accordance with the law? for their regulation, supervision and control, and they shall be carried out directly or by third parties and also by individuals or private legal entities
Article 198. Health actions and public services integrate a regionalized and hierarchical network and constitute a single system, organized according to the following directives:
Article 199. Health assistance is open to private enterprise.
Paragraph 1 - Private institutions may participate in a supplementary manner in the unified health system, in accordance with the directives established by the latter, by means of public law contracts or agreements, preference being given to philanthropic and non-profit entities.
Paragraph 2 - The allocation of public funds to aid or subsidize profit- oriented private institutions is forbidden.
Paragraph 3 - Direct or indirect participation of foreign companies or capital in heath assistance in the country is forbidden, except in cases provided by law.
Paragraph 4 - The law shall provide for the conditions and requirements which facilitate the removal of organs, tissues and human substances for the purpose of transplants, research and treatment, as well as the collection, processing and transfusion of blood and its by-products, all kinds of sale being forbidden.
Article 200. It is incumbent upon the unified health system, in addition to other duties, as set forth by the law:
Article 201. The social security plans, upon contribution, shall provide for, in accordance with the law:
Paragraph 2 - Adjustment of the benefits is ensured, to the end that its real value is permanently maintained, in accordance with criteria defined by law.
Paragraph 3 - All contribution salaries included in the calculation of the benefit shall suffer monetary correction.
Paragraph 4 - The amounts habitually earned by an employee, on any account, shall be incorporated into the salary for purposes of security contribution and the resulting effects on benefits, in the cases and in the manner provided by law.
Paragraph 5 - No benefit which replaces the contribution salary or work earnings of the insured shall have a monthly value lower than the minimum wage.
Paragraph 6 - The Christmas bonus for the retired and pensioners shall be based on the value of the earnings in the month of December of each year.
Paragraph 7 - Social security shall maintain a collective insurance, of a complementary and optional nature, funded by additional contributions.
Paragraph 8 - Any subsidy or aid from Government to profit-oriented private security entities are forbidden.
Article 202. Retirement is ensured, in the manner prescribed by law, the benefit being calculated on the average of the last thirty-six contribution salaries, after month by month monetary correction, and upon verification of the regularity of the adjustments of the contribution salaries, so as to maintain the real values, and upon compliance with the following conditions:
Paragraph 2 - For purposes of retirement, the reciprocal computation of the period of contribution in public administration and in private activity, either rural or urban, shall be ensured, in which case the various social security systems shall compensate each other financially, in accordance with criteria established by law.
Article 203. Social assistance shall be rendered to whomever may need it. regardless of contribution to social welfare and shall have as objectives:
Article 205. Education, which is the right of all and duty of the State and of the family, shall be promoted and fostered with the cooperation of society, with a view to the full development of the person, his preparation for the exercise of citizenship and his qualification for work
Article 206. Education shall be provided on the basis of the following principles:
Paragraph I - 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.
* CA I l /96.
**Article 208. The duty of the State towards education shall be fulfilled by ensuring the following:
Paragraph 2 - The competent authority shall be liable for the failure of the Government in providing compulsory education or providing it irregularly.
Paragraph 3 - The Government has the power to take a census of elementary school students, call them for enrollment and ensure that parents or guardians see to their children's attendance to school.
Article 209. Teaching is open to private enterprise, provided that the following conditions are met:
Paragraph 1 - The teaching of religion is optional and shall be offered during the regular school hours of public elementary schools.
Paragraph 2 - Regular elementary education shall be given in the Portuguese language and Indian communities shall also be ensured the use of their native tongues and their own learning methods.
*Article 211. The Union, the states, the Federal District and the municipalities shall cooperate in the organization of their educational systems.
Paragraph I - The Union shall organize the federal educational 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 operation of their educational systems, the states and municipalities shall establish forms of cooperation, so as to guarantee the universalization of the mandatory education. <p>*CA 14/96. *Article 212. The Union shall apply, annually, never less than eighteen percent, and the states, the Federal District, and the municipalities, at least twenty-five percent of the tax revenues, including those resulting from transfers, in the maintenance and development of education.
Paragraph 1 - The share of tax revenues, transferred by the Union to the states, the Federal District and the municipalities, or by the states to the respective municipalities, shall not be considered, for purposes of the calculation provided by this article, as revenues of the government which transfers it.
Paragraph 2 - For purposes of compliance with the caption of this article, the federal, state and municipal educational systems, as well as the funds applied in accordance with article 213 shall be taken into consideration.
Paragraph 3 - In the distribution of public funds, priority shall be given to the providing for the needs of compulsory education, as set forth in the national educational plan.
Paragraph 4 - The supplementary food and health assistance programmes provided by article 208, VII, shall be financed with funds derived from social contributions and other budgetary funds.
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 213. Public funds shall be allocated to public schools, and may be channelled to community, religious or philanthropic schools, as defined by law, which
Paragraph 2 - Research and extension activities at university level may receive financial support from the Government
Article 214. The law shall establish the pluriannual national educational plan, with a view to the coordination and development of teaching, at its various levels, and to the integration of the Government actions leading to:
Article 215. The state shall ensure to all the full exercise of the cultural rights and access to the sources of national culture and shall support and foster the appreciation and diffusion of cultural expressions.
Paragraph 1 - The State shall protect the expressions of popular, Indian and Afro-Brazilian cultures, as well as those of other groups participating in the national civilization process.
Paragraph 2 - The law shall provide for the establishment of commemorative dates of high significance for the various national ethnic segments.
Article 216. The Brazilian cultural heritage consists of the assets of a material and immaterial nature, taken individually or as a whole, which bear reference to the identity, action and memory of the various groups that form the Brazilian society, therein included:
Paragraph 2 - It is incumbent upon the Government, in accordance with the law, to manage the keeping of the governmental documents and to make them available for consultation to whomever may need to do so.
Paragraph 3 - The law shall establish incentives for the production and knowledge of cultural assets and values
Paragraph 4 - Damages and threats to the cultural heritage shall be punished in accordance with the law
Paragraph 5 - All documents and sites bearing historical reminiscence to the ancient communities of runaway slaves are protected as national heritage.
SECTION III - SPORTS
Article 217. It is the duty of the State to foster the practice of formal and informal sports, as a right of each individual, with due regard for:
Paragraph 2 - The sports courts shall render final judgement within sixty days, at the most, counted from the date of the filing of the action.
Paragraph 3 - The Government shall encourage leisure, as a form of social promotion.
Article 218. The State shall promote and foster scientific development, research and technological expertise.
Paragraph 1 - Basic scientific research shall receive preferential treatment from the State, with a view to public well-being and the advancement of science
Paragraph 2 - Technological research shall be directed mainly to the solution of Brazilian problems and to the development of the national and regional productive system.
Paragraph 3 - The State shall support the training of human resources in the areas of science, research and technology and shall offer special work means and conditions to those engaged in such activities.
Paragraph 4 - The law shall support and foster the companies which invest in research, creation of technology appropriate for the country, training and improvement of their human resources and those which adopt remuneration systems that ensure employees a share of the economic earnings rc sulting from the productivity of their work, apart from the salary.
Paragraph 5 - The states and the Federal District may allocate a share of their budgetary revenues to public entities which foster scientific and technological education and research.
Article 219. The domestic market is pan of the national patrimony and shall be supported with a view to permitting cultural and socio-economic development, the well-being of the population and the technological autonomy of the country, as set forth in a federal law.
Article 220. The manifestation of thought, the creation, the expression and the information, in any form, process or medium shall not be subject to any restriction, with due regard to the provisions of this constitution.
Paragraph 1 - No law shall contain any provision which may represent a hindrance to full freedom of press in any medium of social communication, with due regard to the provisions of article 5, IV, V, X XIII, and XIV.
Paragraph 2 - Any and all censorship of a political, ideological and artistic nature is forbidden.
Paragraph 3 - It is within the competence of federal laws to:
Paragraph 5 - Social communication media may not, directly or indirectly, be subject to monopoly or oligopoly.
Paragraph 6 - The publication of a printed social communication medium shall not depend on license from authorities.
Article 221. The production and programming of radio and television stations shall comply with the following principles:
Paragraph 1 - Legal entities shall not participate in the capital stock of journalistic and radio broadcasting companies, except for political parties and for corporations whose capital is exclusively and nominally owned by Brazilians.
Paragraph 2 - The participation referred to in the preceding paragraph may only take place through non-voting capital and shall not exceed thirty percent of the capital stock.
Article 223. The Executive Power has the authority to grant and renew concession, permission and authorization for radio broadcasting and sound and image broadcasting services with due regard to the principle of the complementary roles of private, public and state systems.
Paragraph 1 - The National Congress shall consider such proposition in the period of time set forth in article 64, paragraphs 2 and 4. counted from the date of receipt of the message.
Paragraph 2 - The non-renewal of the concession or permission shall depend on approval by at least two-fifths of the National Congress. in nominal voting.
Paragraph 3 - The granting or renewal shall only produce legal effects after approval by the National Congress, as set forth in the preceding paragraphs.
Paragraph 4 - Cancellation of a concession or permission prior to its expiring date shall depend on a court decision
Paragraph 5 - The term for a concession or permission shall be ten years for radio stations and fifteen years for television channels.
Article 224. For the purposes of the provisions of this chapter. the National Congress shall institute, as an auxiliary agency; the Social Communication Council, in the manner prescribed by law.
Article 225. All have the right to an ecologically balanced environment. which is an asset of common use and essential to a healthy quality of life, and both the Government and the community shall have the duty to defend and preserve it for present and future generations.
Paragraph 1 - In order to ensure the effectiveness of this right, it is incumbent upon the Government to:
Paragraph 3 - Procedures and activities considered as harmful to the environment shall subject the infractors, be they individuals or legal entities, to penal and administrative sanctions, without prejudice to the obligation to repair the damages caused.
Paragraph 4 - The Brazilian Amazonian Forest, the Atlantic Forest, the Serra do Mar, the Pantanal Mato-Grossense and the coastal zone are part of the national patrimony, and they shall be used, as provided by law, under conditions which ensure the preservation of the environment, therein included the use of mineral resources.
Paragraph 5 - The unoccupied lands or lands seized by the states through discriminatory actions which are necessary to protect the natural ecosystems are inalienable.
Paragraph 6 - Power plants operated by nuclear reactor shall have their location defined in federal law and may not otherwise be installed.
Article 226. The family, which is the foundation of society, shall enjoy special protection from the State.
Paragraph 1 - Marriage is civil and the marriage ceremony is free of charge.
Paragraph 2 - Religious marriage has civil effects, in accordance with the law.
Paragraph 3 - For purposes of protection by the State, the stable union between a man and a woman is recognized as a family entity, and the law shall facilitate the conversion of such entity into marriage.
Paragraph 4 - The community formed by either parent and their descendants is also considered as a family entity.
Paragraph 5 - The rights and the duties of marital society shall be exerci sed equally by the man and the woman.
Paragraph 6 - Civil marriage may be dissolved by divorce, after prior legal separation for more than one year in the cases set forth by law, or after two years of proven de facto separation.
Paragraph 7 - Based on the principles of human dignity and responsible parenthood, family planning is a free choice of the couple, it being within the competence of the State to provide educational and scientific resources for the exercise of this right, any coercion by official or private agencies being forbidden.
Paragraph 8 - The State shall ensure assistance to the family in the person of each of its members, creating mechanisms to suppress violence within the family.
Article 227. It is the duty of the family, the society and the State to ensure children and adolescents, with absolute priority, the right to life, health, nourishment, education, leisure, professional training, culture, dignity, respect, freedom and family and community life, as well as to guard them from all forms of negligence, discrimination, exploitation, violence, cruelty and oppression.
Paragraph 1 - The State shall promote full health assistance programmes for children and adolescents, the participation of non-governmental entities being allowed, and with due regard to the following precepts:
Paragraph 3 - The right to special protection shall include the following aspects:
Paragraph 5 - Adoption shall be assisted by the Government, as provided by law, which shall establish cases and conditions for adoption by foreigners.
Paragraph 6 - Children born inside or outside wedlock or adopted shall have the same rights and qualifications, any discriminatory designation of their filiation being forbidden.
Paragraph 7 - In attending to the rights of children and adolescents, the provisions of article 204 shall be taken into consideration.
Article 228. Minors under eighteen years of age may not be held criminally liable and shall be subject to the rules of the special legislation.
Article 229. It is the duty of parents to assist, raise and educate their under- age children and it is the duty of children of age to help and assist their parents in old-age, need or sickness.
Article 230. It is the duty of the family, society and the State, to assist the elderly, ensuring their participation in the community, defending their dignity and well-being and guaranteeing their right to life.
Paragraph 1 - Assistance programmes for the elderly shall be carried out preferably within their homes.
Paragraph 2 - Those over sixty-five years of age are guaranteed free urban public transportation.
Article 231. Indians shall have their social organization, customs, languages. creeds and traditions recognized, as well as their original rights to the lands they traditionally occupy, it being incumbent upon the Union to demarcate them, protect and ensure respect for all of their property.
Paragraph 1 -Lands traditionally occupied by Indians are those on which they live on a permanent basis, those used for their productive activities, those indispensable to the preservation of the environmental resources necessary for their well-being and for their physical and cultural reproduction, according to their uses, customs and traditions.
Paragraph 2 - The lands traditionally occupied by Indians are intended for their permanent possession and they shall have the exclusive usufruct of the riches of the soil, the rivers and the lakes existing therein.
Paragraph 3 - Hydric resources, including energetic potentials, may only be exploited, and mineral riches in Indian land may only be prospected and mined with the authorization of the National Congress, after hearing the communities involved, and the participation in the results of such mining shall be ensured to them, as set forth by law.
Paragraph 4 - The lands referred to in this article are inalienable and indisposable and the rights thereto are not subject to limitation.
Paragraph 5 - The removal of Indian groups from their lands is forbidden. except ad referendum of the National Congress, in case of a catastrophe or an epidemic which represents a risk to their population, or in the interest of the sovereignty of the country, after decision by the National Congress, it being guaranteed that, under any circumstances, the return shall be immediate as soon as the risk ceases.
Paragraph 6 - Acts with a view to occupation, domain and possession of the lands referred to in this article or to the exploitation of the natural riches of the soil, rivers and lakes existing therein, are null and void, producing no legal effects, except in case of relevant public interest of the Union, as provided by a supplementary law and such nullity and voidness shall not create a right to indemnity or to sue the Union, except in what concerns improvements derived from occupation in good faith, in the manner prescribed by law.
Paragraph 7 - The provisions of article 174, paragraphs 3 and 4, shall not apply to Indian lands.
Article 232. The Indians, their communities and organizations have standing under the law to sue to defend their rights and interests, the Public Prosecution intervening in all the procedural acts.
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