Constitution of the United States of Brazil (1946)/Title 1/Chapter 2
Chapter II
The Legislative Power
SECTION I
Preliminary Provisions
Art. 37—The Legislative Power is exercised by the National Congress, which is composed of the Chamber of Deputies and the Federal Senate.
Art. 38—The election for deputies and senators shall be held simultaneously throughout the country.
Sole Paragraph—The conditions of eligibility for the National Congress are:
I—to be a Brazilian as defined in Art. 129, Nos. I and II;
II—to be in full enjoyment of political rights;
III—for the Chamber of Deputies, to be more than twenty-one years old;
IV—for the Federal Senate, to be more than thirty-five years old.
Art. 39—The National Congress shall meet in the Capital of the Republic, on the 15th of March each year, and shall function until the 15th of December.
Sole Paragraph—The National Congress may be convoked extraordinarily only by the President of the Republic or by initiative of one third of one of the Chambers.
Art. 40—Each Chamber shall have power to provide its Internal Regulation, for its own organization and police and for the creation and fulfillment of offices.
Sole Paragraph—In the selection of committees, proportional representation of the national parties forming part of the respective Chamber shall be assured as far as possible.
Art. 41—The Chamber of Deputies and the Federal Senate, under the direction of the administration of the latter, shall meet in joint session in order to:
I—inaugurate the legislative session;
II—elaborate common regulations;
III—receive the oath of the President and of the Vice President of the Republic;
IV—deliberate upon veto.
Art. 42—In each Chamber, except for constitutional provision to the contrary, resolutions shall be taken by majority of votes, with an absolute majority of their members present.
Art. 43—The vote shall be secret in the elections and in the cases established by Arts. 45, paragraph 2; 63, No. I; 66, No. VIII; 70, paragraph 3; 211 and 213.
Art. 44—The deputies and senators are inviolable in the exercise of their mandate for their opinions, words and votes.
Art. 45—From the time of issuing their diplomas until the inauguration of the subsequent legislature, the members of the National Congress may not be arrested, except in case of in flagrante delicto in an unbailable crime, nor may they be prosecuted criminally, without previous permission of their Chamber.
§ 1. In the case of in flagrante delicto of an unbailable crime, notice of arrest shall be sent within forty-eight hours to the respective Chamber in order that it may decide upon the imprisonment and authorize the framing of the indictment.
§ 2. The Chamber concerned shall deliberate by vote of the majority of its members.
Art. 46—Deputies and Senators, whether civilian or military, may not be incorporated into the armed forces except in time of war and by permission of their Chamber, being thereafter, subject to military legislation.
Art. 47—Deputies and Senators shall receive, annually, an equal subsidy and shall have equal allowances for expenses.
§ 1. The subsidy shall be divided in two parts: one fixed, which shall be paid in the course of the year, and the other variable, corresponding to their attendance.
§ 2. The allowance for expenses and subsidy shall be fixed at the end of each legislature.
Art. 48—Deputies or Senators may not:
I—from and after issuance of the diploma:
a)—make a contract with a juridical person of public law, autarchic entities or societies of mixed economy, except when the contract adheres to uniform standards;
b)—accept or exercise remunerated commission or employment from a juridical person of public law, autarchic entities, societies of mixed economies or private firms holding concessions for public service.
II—from and after taking office:
a)—enter into any contract with an internal public authority, autarchic entity or enterprise of mixed economy, except when the contract adheres to uniform standards;
b)—occupy public office from which he may be dismissed at will;
c)—exercise another legislative mandate, whether federal, state or municipal;
d)—support a cause against a juridical person of public law.
§ 1. Infractions of the provisions of this article, as well as absence without permission from the sessions for more than six consecutive months shall result in loss of the mandate, declared by the Chamber at which the deputy or senator may belong, upon the initiative of any of its members or documented representation by a political party or by the Attorney General of the Republic.
§ 2. The deputy or senator whose action may be held to be incompatible with the decorum of the Chamber to which he belongs, by a vote of two-thirds of its members, shall likewise lose his mandate.
Art. 49—It is permissible for deputies or senators, with previous permission of the Chamber to which they belong, to carry out diplomatic missions of transitory character, and to participate in congresses, conferences and cultural missions abroad.
Art. 50—During the period of his mandate, a public officer shall be separated from the functions of his office, with time of service being counted in his favor merely for promotion by seniority and retirement.
Art. 51—A deputy or senator invested with the function of minister of State, federal interventor or secretary of State, shall not lose his mandate.
Art. 52—In the case of the preceding article and in the case of leave, if permitted by the Internal Regulations, or (in case of) vacancy in the office of deputy or senator, the respective alternate shall be called.
Sole Paragraph—If there should be no alternate to fill the vacancy, the president of the Chamber concerned shall communicate the fact to the Superior Electoral Tribunal to arrange for the election, except if there should remain less than nine months to the end of the term. The deputy or senator elected to the vacancy shall exercise the mandate for the remaining time.
Art. 53—The Chamber of Deputies and the Federal Senate shall create commissions of inquiry upon a given matter, whenever one-third of their members shall so request.
Sole Paragraph—In the organization of these committees, the criterion established in the Sole Paragraph of Article 40 shall be observed.
Art. 54—The ministers of State are obliged to appear before the Chamber of Deputies or Federal Senate, or any of their committees, when either Chamber shall call him to personally give information respecting matters previously determined.
Sole Paragraph—Failure to appear, without justification, shall constitute a crime of responsibility.
Art. 55—The Chamber of Deputies and the Federal Senate, as well as their committees, shall designate day and hour to hear any minister of State who may desire to furnish them with explanations, or request of them legislative measures.
SECTION II
The Chamber of Deputies
Art. 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.
Art. 57—Each legislature shall last four years.
Art. 58—The number of deputies shall be fixed by law in a proportion not to exceed one for each one hundred and fifty thousand inhabitants, up to twenty deputies, and beyond this limit one for each 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.
Art. 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
The Federal Senate
Art. 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.
Art. 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.
Art. 62—The Federal Senate shall have exclusive power:
I—to judge the President of the Republic in respect of 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.
Art. 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 authorize foreign loans of States, of the Federal District and of the municipalities.
Art. 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.
SECTION IV
Attributes of the Legislative Power
Art. 65—The National Congress shall have power, with the approval of the President of the Republic:
I—to vote the budget;
II—to vote the taxes belonging to the Union and to regulate the collection and distribution of its revenues;
III—to make provisions concerning the federal public debt and the means of its payment;
IV—to create and abolish federal public posts, and fix the salaries attached thereto, in all cases by special law;
V—to vote the law of establishment of armed forces for peacetime;
VI—to authorize opening of credits, credit operations, and issues of legal tender currency;
VII—to transfer temporarily the seat of the Federal Government;
VIII—to resolve questions concerning boundaries of the national territory;
IX—to legislate regarding property of the federal domain, and all matters of the competence of the Union, the provisions of the following article being respected.
Art. 66—The National Congress shall have exclusive power:
I—to give final decision respecting treaties and conventions celebrated with foreign States by the President of the Republic;
II—to authorize the President of the Republic to declare war and make peace;
III—to authorize the President of the Republic to permit foreign forces to pass through the national territory or, by reason of war, to remain therein temporarily;
IV—to approve or suspend federal intervention when decreed by the President of the Republic;
V—to grant amnesty;
VI—to approve the resolutions of State legislative assemblies regarding merger, sub-division or partitioning of the States;
VII—to authorize the President and the Vice President of the Republic to absent themselves from the Country;
VIII—to judge the accounts of the President of the Republic;
IX—to fix the allowance of expenses and the subsidy of the members of the National Congress, as well as those of the President and Vice President of the Republic;
X—to temporarily move its seat.
SECTION V
Laws
Art. 67—The initiative of laws, excepting the cases of exclusive power, shall belong to the President of the Republic and to any member or committee of the Chamber of Deputies or of the Federal Senate.
§ 1. The initiative of the law establishing the armed forces and of all laws regarding financial matters appertains to the Chamber of Deputies and to the President of the Republic.
§ 2. Excepting the powers of the Chamber of Deputies and of the Federal Senate, as well as of the federal courts, in matters concerning their respective administrative services, the President of the Republic shall have exclusive power of initiative of laws which create positions in existing services, increase salaries, or modify in the course of each legislature the law of establishment of the armed forces.
§ 3. Discussion of bills initiated by the President of the Republic shall begin in the Chamber of Deputies.
Art. 68—A bill adopted in one of the Chambers shall be reviewed by the other, which, approving it, shall send it for approval or promulgation as prescribed by Arts. 70 and 71.
Sole Paragraph—The revision shall be discussed and voted upon in a single session.
Art. 69—If a bill of one Chamber is amended in the other, it shall return to the first for pronouncement regarding the modification and approval or disapproval.
Sole Paragraph—The bill shall be sent for approval in the terms (form) in which it was finally voted.
Art. 70—In the case of Article 65, the Chamber, where the voting of a bill is concluded shall, send it to the President of the Republic who, acquiescing, shall approve it.
§ 1. If the President of the Republic shall judge the bill, in whole or in part, unconstitutional or contrary to the national interests, he may veto same, totally or partially, within ten business days, counted from that on which he receives it, and he shall inform, within the same period, the President of the Senate, the reasons for the veto. If the veto is extended after the legislative session is over, the President of the Republic shall publish the veto.
§ 2. After the lapse of ten days, the silence of the President of the Republic shall be equivalent to approval.
§ 3. When the veto is communicated to the President of the Senate, he shall convoke the two Chambers to inform them in joint session, and if the vetoed bill obtain the vote of two-thirds of the representatives present, it shall be considered approved. In this case, the bill shall be sent to the President of the Republic for promulgation.
§ 4. If the law should not be promulgated within forty-eight hours by the President of the Republic, in the cases of paragraphs 2 and 3, the President of the Senate shall promulgate it; but if the latter should not do so within the same period of time, the Vice President of the Senate shall promulgate it.
Art. 71—In the cases of Article 66, the elaboration of the law shall be considered closed with the final voting, and it shall be promulgated by the President of the Senate.
Art. 72—Bills which are rejected or not approved may be renewed only in the same legislative session, by proposal of an absolute majority of the members of either of the Chambers.
SECTION VI
The Budget
Art. 73—The budget shall be one and it shall be obligatory to include in it all the receipts and the allotments of funds, and, discriminating in the expenses all the allotments necessary for the payment of all the public services.
§ 1. The budget law shall not contain any provision foreign to the provision of the receipts and the fixing of the expenses for services previously created. This prohibition shall not include:
I—authorization for opening of supplementary credits and credit operations in anticipation of receipts;
II—application of balances and manner of covering deficits.
§ 2. Budgeting of expenses shall be divided into two parts: one of them fixed, which may not be altered except by virtue of previous law; the other variable, which shall be subject to strict specialization.
Art. 74—If the budget shall not have been sent for approval by November 30, the one which was in effect shall be extended for the following fiscal year.
Art. 75—The transfer of budget items, and the granting of unlimited credits, and the opening of special credits without legislative authorization are prohibited.
Sole Paragraph—The opening of extraordinary credits shall be admitted only for urgent or unforeseen necessity, in case of war, internal commotion or public calamity.
Art. 76—The Tribunal of Accounts shall have its seat in the Capital of the Republic and jurisdiction throughout the national territory.
§ 1. The Ministers of the Tribunal of Accounts shall be appointed by the President of the Republic after approval of the selection by the Federal Senate and shall have the same rights, guarantees, prerogatives and remuneration as the judges of the Federal Courts of Appeals.
§ 2. The Tribunal of Accounts shall exercise, in matters concerning it, the same attributes as the judicial tribunals set forth in Article 97, and shall likewise have its own staff as its personnel.
Art. 77—The Tribunal of Accounts shall have power:
I—to follow and control directly, or through delegations created by law, the execution of the budget;
II—to judge the accounts of those responsible for public funds and other property, as well as the accounts of the administrators of autarchic entities;
III—to judge the legality of contracts, retirements, removals and pensions.
§ 1. Contracts which in any wise shall affect receipts or expenditures shall be considered complete only after they have been registered by the Tribunal. Refusal of registry shall suspend the execution of the contract until the National Congress shall issue pronouncement.
§ 2. Any act of public administration which may result in an obligation of payment by the National Treasury or for its accounts, shall be subject to registry in the Tribunal of Accounts, either before or afterwards, as the law may determine.
§ 3. In any case, the refusal of registry for lack of credit balance or for charge to an improper credit, shall have prohibitive character. When the refusal shall have other basis, the expenditure may be made after an order by the President of the Republic, registry with reservation by the Tribunal of Accounts and appeal ex-officio to the National Congress.
§ 4. The Tribunal of Accounts shall give its prior opinion within a period of sixty days, upon the accounts which the President of the Republic is to render annually to the National Congress. If these are not sent within the period of the law, it shall communicate the fact to the National Congress for the purposes of law, presenting to it in either case, a detailed report of the financial and fiscal year terminated.