Constitution of the United States of Brazil (1946)/Title 1

by the Constituent Assembly of Brazil

Chapter I ― Preliminary Provisions

Article 1

The United States of Brazil maintain, under the representative system, the Federation and the Republic [sic]. All power emanates from the people and shall be exercised in its name.

§ 1

The Union includes, in addition to the states, the federal District and the Territories.

§ 2

The Federal District is the capita of the Union.

Article 2

The States may merge with one another, sub-divide or partition in order to annex themselves to others or form new States, by vote of the respective legislative assemblies, plebiscite of the populations directly concerned and approval of the National Congress.

Chapter II ― Legislative Power

Section II ― Chamber of Deputies

Article 56

The Chamber of Deputies is composed of representatives of the people, elected according to the system of proportional representation by the States, by the Federal District and by the Territories.

Article 57

Each legislature shall last four years

Article 58

The number of deputies shall be fixed by law in a proportion not to exceed one for each hundred and fifty thousand inhabitants, and beyond limit for two hundred and fifty thousand inhabitants.

§ 1

Each Territory shall have one deputy and seven deputies shall be the minimum number for each State and for the Federal District.

§ 2

The representation already fixed may not be reduced.

Article 59

The Chamber of Deputies shall have exclusive power:

I.

To declare founded or unfounded, by vote of an absolute majority of its members, accusations against the President of the Republic under the terms of Article 88, and against the ministers of State in crimes connected with those of the President of the Republic;

II.

To take the initiative in demanding accounts from the President of the Republic by designation of a special committee, when they are not presented to the National Congress within sixty days after the opening of the legislative session.

Section III ― Senate

Article 60

The Federal Senate is composed of representatives of the States and of the Federal District, elected according to the majority principle.

§ 1

Each State, as well as the Federal District shall elect three senators.

§ 2

The senatorial mandate shall be for eight years.

§ 3

The representation of each State and of the Federal District shall be renewed every four years, alternately, one-third and two-thirds at a time.

§ 4

The senator's alternate elected with him shall replace or succeed him under the terms of Article 52.

Article 61

The Vice President of the Republic shall exercise the functions of president of the Federal Senate where he shall only have the deciding vote.

Article 62

The Federal Senate shall have exclusive power:

I.

To judge the President of the Republic in respect to crimes for which he is responsible and the Ministers of State who may be involved, along with the former, in crimes of the same nature.

II.

To prosecute and judge the Ministers of the Federal Supreme Court and the Attorney General of the Republic, in respect of crimes for which they are responsible.

§ 1

When functioning as a Tribunal of Justice, the Federal Senate shall be presided over by the President of the Federal Supreme Court.

§ 2

The Federal Senate shall only pronounce condemnatory sentence by the vote of two-thirds of its members.

§ 3

The Federal Senate may not impose any penalties other than loss of office and prohibition against the exercise of another without prejudice to the action of ordinary justice.

Article 63

The Federal Senate shall likewise have exclusive power:

I.

To approve, by secret vote, the appointment of magistrates in the cases established by the Constitution, and likewise the appointment of the Attorney General of the Republic, of the Minister of the Tribunal of Accounts, of the Mayor of the Federal District, of the members of the National Economic Council and of the chiefs of diplomatic mission of permanent character.

II.

To authorise foreign loans of States, of the Federal District and of the Municipalities.

Article 64

It shall be incumbent upon the Federal Senate to suspend the execution, wholly or in part, of any law or decree declared unconstitutional by final decision of the Federal Supreme Court.