Notes on the Brazilian Federal Constitution.

The Federal Constitution was written in the Federative Republic of Brazil. Here are some notes on this text.

  1. The purpose of the constitution is to create a harmonious country.
  2. Its supreme values ​​are freedom, security, well-being, development, equality, the exercise of rights and justice.
  3. The constitution aims for a pluralistic, fraternal country without prejudice .
  4. Controversies must be resolved peacefully.
  5. Political pluralism is guaranteed by the Constitution.
  6. The three powers are independent of each other.
  7. The fundamental objectives of the republic are to build a free, just and solidary society; ensure the country’s development; to eradicate poverty, marginality and social inequality; promote the good of all without prejudice, including age-based prejudices (Article 3, subsection IV).
  8. Self-determination of people should guide our international relations (article 4, subsection III).
  9. Men and women should be equal (Article 5, item I), so if you, man, think you have a legal disadvantage in relation to women, know that their equality should be a constitutional guarantee (albeit limited by the Constitution itself).
  10. As long as it is not illegal, you can do whatever you want (Article 5, paragraph II).
  11. Dehumanization is a crime (Article 5, subsection III).
  12. Freedom of thought (Article 5, subsection IV).
  13. A person can not use religion as an excuse to deny rights, although you also can not use your religion to excuse yourself from penalties for crimes.
  14. Intellectual, artistic or scientific activity must be free from censorship (Article 5, subsection IX).
  15. If someone violates your privacy or private life, you can sue that guy.
  16. Your home can only be invaded in case of illegal activity, disaster or judicial determination.
  17. Access to information is constitutionally guaranteed.
  18. Inheritance is constitutional right.
  19. If there is no law against a particular thing, it is not a crime (this seems to imply that a law can not have retroactive features).
  20. In fact, a brazilian law can not retroact, except to benefit a defendant.
  21. A violation of a fundamental right can not go unpunished.
  22. If you are able to prevent a heinous crime, but have choosen not to, you are also a criminal.
  23. Death penalty (except in case of war) and life imprisonment are unconstitutional.
  24. There are prisons for men, women, adults, minors.
  25. Inmates have the right to physical and moral integrity.
  26. A person can not lose his freedom or his property if the process wasn’t correct (due process).
  27. Evidence obtained by illicit means is not valid.
  28. If you prove that you can not get legal assistance, the state must offer you said assistance for free.
  29. You can receive compensation if the judge made mistakes during your trial or if you got an unfairly long penalty.
  30. Something necessary to the exercise of citizenship should be offered free of charge.
  31. You have the right to education, health, food, work, housing, transportation, leisure, security, social security, maternity and child protection, and assistance when you are helpless.
  32. You earn more by working at night.
  33. Normally, you can only work eight hours a day, forty-four hours a week at most.
  34. The labor market of women is protected by the constitution.
  35. It is forbidden to work before the age of sixteen (unless you are an apprentice, then it’s fourteen).
  36. Voting is mandatory for all those who are literate and are between the ages of eighteen and seventy.
  37. Unless you are conscripted into military service or foreign … or you are not yet sixteen, then you can not vote.
  38. There is a minimum age for each political position, with the youngest being eighteen years for a councilor.
  39. You can not be have a political position if you are illiterate.
  40. A Brazilian political party can not be subordinate to other countries and can not receive funds from other countries.
  41. The indigenous territories also belong to the union.
  42. It is the union who declares war.
  43. Nuclear activity needs government authorization and its use for war purposes is unconstitutional.
  44. Nuclear damage always entails accountability, even if no one is to blame.
  45. Legislating on the protection of children and youth is the competence of the union (article 24, subsection XV).
  46. The number of councilors in a municipality is proportional to the number of inhabitants.
  47. The municipality can not spend more than five percent of its revenue with councilmen.
  48. Violation of human rights is a reason for federal intervention (article 34, section VII).
  49. Not investing enough in education or health is also a reason for federal intervention in a municipality.
  50. You can only enter a public position per contest (a test to see if you are fit to the position), which is proportional to the complexity of the intended position.
  51. A public contest expires two years after completion, unless expiration date is extended to four years.
  52. You can retire for permanent disability, compulsion (you can not work in public service if you are older than seventy-five years) or voluntarily (minimum of ten years of effective exercise in the public service and five years in the effective position).
  53. A man can not voluntarily retire before age sixty and the woman can not voluntarily retire before the age of fifty-five (why the difference?).
  54. Except in case you are disabled, if you work on something very risky or if you work in something that damages your health; in these cases, the retirement requirements may be different.
  55. An effective state official may only lose his job if justice so decides (for example, if he receives exoneration as a punishment for a crime), if he loses in an administrative cause or if he is not doing his job.
  56. But you can get your job back if justice decides that your firing is illegal.
  57. If an civil servant position ceases to exist, the employee will wait until he is useful in another area.
  58. The national congress is our chamber of deputies (lower house) and our federal senate, which exercise legislative power.
  59. The senator’s term lasts eight years.
  60. The president can not declare war without congressional authorization.
  61. They are also responsible for authorizing or denying the president’s absence if he wishes to leave the country for more than fifteen days.
  62. The congress can authorize referendum and plebiscite.
  63. Only the Chamber of Deputies can start prosecution against the President.
  64. But, after the prosecution starts, it is the senate who judges.
  65. If a law is declared unconstitutional, the Senate must suspend completely or partly (Article 52, subsection X).
  66. A deputy or senator can not be prosecuted for his thinking, for his words or for his votes (in fact, it was you who put him there, so it’s your fault).
  67. A deputy or senator who breaks the parliamentary decorum loses the position.
  68. He also loses the position if he isn’t present in one-third of the meetings where he is required, if he fails to justify those absences properly.
  69. He also loses his term if he loses political rights (permanently or not).
  70. The constitution can not be changed while there is federal intervention in progress (ie, while the army is there, in Rio, it is not possible to change the social security rule).
  71. Turning Brazil into a monarchy is unconstitutional.
  72. Citizens may suggest a bill if they have signatures of at least one percent of the national electorate, distributed by at least five states, with not less than three tenths percent of the voters in each of them (or you can give legislative idea on the Federal Senate’s website).
  73. An provisional measure (decree issued by president alone) has the force of law, but can only be issued if it is urgent (the Novo Ensino Médio is not urgent).
  74. Blank votes are not counted in presidential elections.
  75. If a tie occurs in the second round, the oldest candidate wins.
  76. The president commits a crime of responsibility (making him subject to impeachment procedure) if he does something against:
    1. the existence of the union;
    2. the freedom of other powers, of the public ministry or constitutional powers;
    3. the exercise of rights;
    4. the internal security of the country;
    5. administrative probity;
    6. the budget law;
    7. compliance with the law or the decisions of justice.
  77. If the president is charged with a crime of responsibility, he is tried by the senate and not by the supreme federal court.
  78. The judge can not devote himself to political activity!
  79. Declaring the unconstitutionality of a law requires an absolute majority of the members of the court.
  80. Whoever decides whether a law is unconstitutional is the supreme federal court.
  81. It is not anyone who can initiate a process of unconstitutionality.
  82. When there is a strike in essential service, like some transportation sectors, labor justice is the one in charge of solving the issue.
  83. Military can not go on strike.
  84. Women are exempt from compulsory military service in times of peace (why only women?).
  85. You can not use your economic power to monopolize a market.
  86. But if you are the union, you can monopolize oil and natural gas reserves, and without having to exercise economic power for this.
  87. The union may expropriate land for agrarian reform purposes, except small and medium-sized rural estates (provided the landowner has no other land) and productive properties.
  88. Health is everyone’s right and one of state’s duty.
  89. Decentralization, and integral care aimed at prevention and community participation are guidelines of the public health system.
  90. The state can not fund privately owned, for-profit private health institutions.
  91. It is a crime to market human organs or human blood.
  92. Why can a woman retire at sixty with thirty years of contribution, and a man can only retire at sixty-five with thirty-five years of contribution?
  93. Education is the right of all, but a duty of the state and the family, that is, the family also has a duty to educate.
  94. The objective of education is the development of the person, his preparation for the exercise of citizenship and his qualification for work.
  95. Research, teaching and extension can not be separated in university.
  96. Religious teaching at school is optional: the student may guiltlessly skip that class.
  97. The municipalities will invest in primary education.
  98. The states will invest in primary and secondary education.
  99. Twenty-five percent of state or county tax collection should be applied in education.
  100. Government should encourage research and science.
  101. Our freedom of thought and expression is guaranteed in Article 220.
  102. In marriage, a man and a woman have the same rights and duties.
  103. It is the State’s duty to ensure that children and adolescents have the right to health, education, leisure, dignity, respect, freedom, among others (Article 227).
  104. It is also the responsibility of the state to protect them from neglect, discrimination , violence, oppression , among others (article 227).
  105. Measures limiting freedom must take into account the child and juvenile condition of a person in development (Article 227, paragraph 3, point V).
  106. Older parents have the right to be protected by their adult children.
  107. The supreme court has a duty to comply with the constitution.
  108. In 1993, the population participated in a plebiscite to know if they wanted Brazil to be a republic or a constitutional monarchy, and whether the system of government would be parliamentary or presidential.
  109. Ideally, every citizen should have a printed copy of the constitution.

Publicado por Yure

Quando eu me formei, minha turma teve que fazer um juramento coletivo. Como minha religião não me permite jurar nem prometer, eu só mexi os lábios, mas resolvi viver com os objetivos do juramento em mente de qualquer forma.

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