CONSTITUTION OF BRAZIL
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TITLE IX - GENERAL CONSTITUTIONAL PROVISIONS
Article 233. (Revoked)
Article 234. It is forbidden for the Union to assume, directly
or indirectly, as a result of the creation of a state, burdens related
to expenses with inactive personnel and with charges and repayments of
internal or foreign debt of the public administration, including those
of the indirect administration.
Article 235. During the first ten years after the creation of
a state the following basic rules shall be observed:
I - the Legislative Assembly shall be composed of seventeen Deputies if the
population of the state is less than six hundred thousand inhabitants,
and of twenty-four Deputies if it is equal to or greater than this number,
up to one million and five hundred thousand inhabitants;
II - the Government shall have at most ten Secretariats;
III - the Court of Accounts shall have three members, appointed by the elected
Governor, among Brazilians of proven good repute and notable knowledge;
IV - the Court of Justice shall have seven Judges;
V - the first Judges shall be appointed by the elected Governor, chosen in
the following manner:
a) five of them from among judges with more than thirty-five years of age,
in exercise within the area of the new state or of the original one:
b) two of them from among public prosecutors, under the same conditions, and
from among attorneys of proven good repute and legal knowledge, with at
least ten years of professional practice. complying with the procedures
set forth in this Constitution;
VI - in the case of a state which originated from a federal territory, the first
five Judges may be chosen from among judges from any part of the country;
VII - in each judicial district the first Judge, the first Public Prosecutor
and the first Public Defender shall be appointed by the elected Governor
after a public entrance examination of tests and presentation of academic
and professional credentials;
VIII - until the promulgation of the state Constitution, the offices of Attorney-General,
Advocate-General and Defender-General shall be held by lawyers of notable
knowledge, with at least thirty-five years of age, appointed by the elected
Governor and removable ad nutum;
IX - if the new state results from the transformation of a federal territory
the transfer of financial burden from the Union for payment of opting civii
servants who belonged to the Federal Administration, shall take place as
follows:
a) in the sixth year after its creation, the state shall assume twenty percent
of the financial burden for the payment of the civil servants, the remainder
continuing as a responsibility of the Union;
b) in the seventh year, thirty percent shall be added to the burden of the
state and, in the eighth year, the remaining fifty percent;
X - the appointments subsequent to the first ones, for the offices mentioned
in this article, shall be regulated by the state Constitution;
XI - the budgetary personnel expenses shall not exceed fifty percent of the
revenues of the state.
Article 236. Notary and registration services shall be exercised
by private entities by Government delegation.
Paragraph 1 - The law shall regulate the activities, discipline the
civil and criminal liability of notaries, registrars and their officials
and define the supervision of their acts by the Judicial Power.
Paragraph 2 - Federal law shall set forth general rules for the establishment
of the fees for the acts performed by notary and registration services.
Paragraph 3 - The entrance in notary and registration activities shall
depend on a public entrance examination of tests and presentation of academic
and professional credentials, and an office shall not be permitted to remain
vacant for more than six months, without the opening of a public examination
to fill it, either by appointment or transference.
Article 237. The supervision and control of foreign trade, which
are essential to the defense of national financial interests, shall be
exercised by the Ministry of Finance.
Article 238. The law shall organize the sale and resale of petroleum-derived
fuels, fuel alcohol and other fuels derived from renewable raw-materials.
respecting the principles of this Constitution.
Article 239. The revenues from contributions to the Social Integration
Program, created by the Supplementary Law number 7 of September 7, 1970,
and to the Civil Servants Asset Development Programme, created by the Supplementary
Law number 8, of December 3, 1970, shall, from the date of the promulgation
of this Constitution, fund the unemployment insurance programme and the
bonus referred to in paragraph 3 of this article, in the manner prescribed
by law.
Paragraph 1 - At least forty percent of the funds mentioned in the caption
of this article shall be allocated to finance economic development programmes,
through the National Economic and Social Development Bank, with remuneration
criteria which preserve their value.
Paragraph 2 - The accrued assets of the Social Integration Programme
and of the Civil Servants Asset Development Programme shall be preserved,
maintaining the criteria for withdrawal in the situations provided for
in specific laws, with the exception of withdrawal by reason of marriage,
it being forbidden the distribution of the revenues referred to in the
caption of this article, for deposit in the personal accounts of the participants.
Paragraph 3 - Employees who receive monthly remuneration of up to two
minimum wages from employers who contribute to the Social Integration Programme
and to the Civil Servants Asset Development Programme shall be ensured
the annual payment of one minimum wage, in which value the income of the
individual accounts shall be computed, in the case of those who already
participated in such programmes before the date of the promulgation of
this Constitution.
Paragraph 4 - Funding of the unemployment insurance programme shall
receive an additional contribution from companies in which employee turnover
exceeds the average turnover rate of the sector, in the manner established
by law.
Article 240. The present compulsory contributions calculated
on the payroll, made by employers, intended for private social service
and professional training entities linked to the labour union system, are
excluded from the provisions of article 195.
Article 241. The Union, the States, the Federal District and the municipalities shall regulate by means of law the public consortia and the cooperation convenes among the federated entities, authorizing the associated management of public services, as well as the total or partial transference of charges, services, personnel and assets essential to the continuity of the transferred services.
Article 242. The principle of article 206, IV, shall not apply
to the official educational institutions created by state or municipal
law and in existence on the date of the promulgation of this Constitution,
which are not totally or predominantly maintained with Public funds.
Paragraph 1 - The teaching of Brazilian History shall take into account
the contribution of the different cultures and ethnic groups to the formation
of the Brazilian people.
Paragraph 2 - The Pedro II School, located in the city of Rio de Janeiro,
shall be maintained in the federal sphere.
Article 243. Tracts of land in any region of the country where
illegal plantations of psychotropic plants are found shall be expropriated
immediately and specifically assigned to the settlement of tenant farmers,
to the culture of foodstuff. s and medicinal products, with no indemnity
to the owner and without prejudice to other sanctions set forth by law.
Sole paragraph - Any and all good of economic value seized as a result
of illegal traffic or narcotics and similar drugs shall be confiscated
and reverted to the benefit of institutions and personnel specialized in
the treatment and cure of drug-addicts and in the equipping and funding
of supervision, control, prevention and repression of drug traffic crime.
Article 244. The law shall provide for the adaptation of presently
existing sites and buildings of public use and of the public transportation
vehicles in order to guarantee adequate access to the handicapped, as set
forth in article 227, paragraph 2.
Article 245. The law shall provide for the cases and conditions
in which the Government shall give assistance to the needy heirs and dependants
of victims of willful crimes, without prejudice to the civil responsibility
of the perpetrator of the offense.
Article 246. The adoption of any provisional measure
for the regulation of any article of the Constitution whose wording had been altered by means of amendment enacted between January 1st of 1995 and the promulgation of this amendment is forbidden.
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