Constitution of the United States of Brazil (1946)/Title 1/Chapter 3
Chapter III
The Executive Power
SECTION I
The President and the Vice President of the Republic
Art. 78—The Executive Power is exercised by the President of the Republic.
Art. 79—The President shall be replaced, in case of impediment and succeeded, in case of vacancy in office, by the Vice President of the Republic.
§ 1. In case of impediment or vacancy in office of the President and of the Vice President of the Republic, the President of the Chamber of Deputies, the Vice President of the Federal Senate and the President of the Federal Supreme Court shall be successively called to the exercise of the presidency.
§ 2. In case of vacancy in office of the President and Vice President of the Republic an election shall be held sixty days after the occurrence of the last vacancy. If the vacancies should occur in the second half of the presidential period, the election for both offices shall be held thirty days after the last vacancy by the National Congress in the form established by law. In either case those elected shall complete the period of their predecessors.
Art. 80—The conditions of eligibility for President and Vice President of the Republic are:
I—be a Brazilian (Article 129, I and II);
II—be in the exercise of political rights;
III—be over thirty-five years of age.
Art. 81—The President and Vice President of the Republic shall be elected simultaneously throughout the country, one-hundred and twenty days before the expiration of the presidential period.
Art. 82—The President and Vice President of the Republic shall hold office for five years.
Art. 83—The President and the Vice President of the Republic shall take office at a session of the National Congress or, if the Congress is not in session, before the Federal Supreme Court.
Sole paragraph—The President of the Republic, upon taking office, shall take the following pledge: "I promise to maintain, defend and comply with the Constitution of the Republic, observe its laws, promote the general welfare of Brazil, maintain its union, its integrity and its independence."
Art. 84—If the President or the Vice President of the Republic have not taken office thirty days after the date fixed for their doing so, except because of illness, the office shall be declared vacant by the Supreme Electoral Tribunal.
Art. 85—The President and the Vice President of the Republic cannot leave the country without permission of the National Congress, under penalty of the loss of their office.
Art. 86—During the last legislative year previous to the election of the President and the Vice President of the Republic, their subsidies shall be fixed by the National Congress.
SECTION II
The Attributes of the President of the Republic
Art. 87—The President of the Republic shall have exclusive power:
I—to approve, promulgate and have the laws published and to issue decrees and regulations for their faithful execution;
II—to veto bills in accordance with Article 70, § 1;
III—to appoint and dismiss the Ministers of State;
IV—to appoint and dismiss the Mayor of the Federal District (article 26, §§ 1 & 2) and the members of the National Council of Economy (article 205, § 1);
V—to fill federal public offices according to law and with the exceptions established by this Constitution;
VI—to maintain relations with foreign States;
VII—to celebrate international treaties and conventions subject to ratification of the National Congress;
VIII—to declare war, upon authorization by the National Congress, but without this authorization in the case of foreign aggression, when such occurs in the interval between legislative sessions;
IX—to make peace, with authorization and subject to ratification of the National Congress;
X—upon authorization by the National Congress, but without this authorization in the interval between legislative sessions, to permit foreign forces to pass through the territory of the Country or, by reason of war, to remain therein temporarily;
XI—to exercise supreme command of the armed forces, administering them through the medium of the competent organs;
XII—to decree total or partial mobilization of the armed forces;
XIII—to decree state of siege under the terms of this Constitution;
XIV—to decree and execute federal intervention under the terms of Articles 7 to 14;
XV—to authorize Brazilians to accept pension, employment or commission from foreign governments;
XVI—to send to the Chamber of Deputies within the first two months of the legislative session, the budget proposal;
XVII—to render annually to the National Congress within sixty days after the opening of the legislative session, the accounts relative to the preceding fiscal year;
XVIII—to send a message to the National Congress upon the occasion of the opening of the legislative session, giving it an account of the state of the Nation and requesting of it the action which he may judge necessary;
XIX—to grant pardon and commute sentences, with hearing before the organs instituted by law.
SECTION III
The Responsibility of the President of the Republic
Art. 88—The President of the Republic, after the Chamber of Deputies have declared valid the accusation by the vote of the absolute majority of its members, shall be submitted to judgment before the Federal Supreme Court for common crimes or before the Federal Senate for those for which he is officially answerable.
Sole Paragraph—When the accusation has been declared founded, the President of the Republic shall be suspended from his functions.
Art. 89—Acts of the President of the Republic are crimes of his responsibility which make attempt against the Federal Constitution and especially against:
I—the existence of the Union;
II—the free exercise of the Legislative Power, or of the Judicial Power, as well as of the constitutional powers of the States;
III—the exercise of political, individual and social rights;
IV—the internal security of the Country;
V—the probity of the administration;
VI—the budget law;
VII—the safe keeping and legal employment of public funds;
VIII—the fulfillment of judicial decisions.
Sole Paragraph—These crimes shall be defined in a special law, which shall establish the norms of the respective prosecution and judgment.
SECTION IV
The Ministers of State
Art. 90—The President of the Republic is assisted by the Ministers of State.
Sole Paragraph—Essential conditions for investiture in the office of Minister of State are:
I—be a Brazilian (Article 129, I and II);
II—be in the exercise of political rights;
III—be over twenty-five years of age.
Art. 91—In addition to the attributes which the law may fix, the Ministers of State shall have power:
I—to countersign the acts signed by the President of the Republic;
II—to issue instructions for the good execution of the laws, decrees and regulations;
III—to present to the President of the Republic a report of the services of each year carried out in the Ministry;
IV—to appear before the Chamber of Deputies and before the Federal Senate in the cases and for the purposes specified in this Constitution.
Art. 92—The Ministers of State, in common crimes and those of their responsibility, shall be prosecuted and judged by the Federal Supreme Court; and in crimes connected with those of the President of the Republic, by the organs competent for the prosecution and judgment of the latter.
Art. 93—In addition to that provided in Article 54, Sole Paragraph, the acts defined in law according to the provisions of Article 89, when practised or ordered by the Ministers of State, are crimes of their responsibility.
Sole Paragraph—The Ministers of State are responsible for the acts they may sign, even though jointly with the President of the Republic, or which they may practice by his order.