Constitution of the United States of Brazil (1946)/Title 5
Title Five
THE ECONOMIC AND SOCIAL ORDER
Art. 145—The economic order shall be organized according to principles of social justice, conciliating the liberty of initiative with increasing the value of human labor.
Sole Paragraph—Everyone is assured work that enables a dignified existence. Work is a social obligation.
Art. 146—The Union may intervene in the economic sphere and monopolize certain industries or activities, by means of special law. The intervention shall be based upon the public interest, and shall be limited by the fundamental rights assured in this Constitution.
Art. 147—The use of property shall be conditioned upon social welfare. The law may, with observance of the provisions of Article 142 § 16, promote the fair distribution of property, with equal opportunities for all.
Art. 148—the law shall restrain any and every form of abuse of economic power, including the unions or groups of concerns, either individual or social, regardless of their nature, with the aim of dominating the national markets, eliminating competition and arbitrarily increasing profits.
Art. 149—The law shall regulate the system of banks of deposit, insurance companies, capitalization companies and the like.
Art. 150—The law shall create specialized credit establishments to assist agriculture and stock raising.
Art. 151—The law shall make provisions for the regulating of concerns holding concessions for federal, state or municipal public services.
Sole Paragraph—The control and revision of tariffs relating to services carried on under concession, shall be determined, so that the profits of the concessionaires, not to exceed a fair remuneration of their capital, may permit them to meet the need for improvement and the expansion of these services. The law shall apply to the concessions granted in the previous régime of tariffs stipulated for the entire duration of the contract.
Art. 152—Mines and other subsoil wealth, as well as waterfalls, constitute property distinct from that of the soil for the purpose of industrial development or use.
Art. 153—The employment of mineral resources, and those of hydraulic energy, depend upon federal authorization or concession, as provided by law.
§ 1. Authorizations or concessions shall be granted exclusively to Brazilians, or to concerns organized in the country, the landowner being assured preference for the development. The preferential rights of the landowner shall be regulated in accordance with the nature of the mines or deposits.
§ 2. The utilization of hydraulic power of reduced capacity shall not depend upon authorization or concession.
§ 3. Once the conditions demanded by law are satisfied, among these being the possession of the required technical and administrative services, the States shall exercise in their territories the powers contained in this article.
§ 4. In the cases indicated by law and having in view the general interest, the Union shall assist the states in the studies pertaining to thermo-mineral waters of medicinal application, and in the equipment of resorts destined for their use.
Art. 154—Usury, in any form, shall be punished by law.
Art. 155—Coastwise navigation for the transport of merchandise is the exclusive prerogative of national ships, except in cases of public necessity.
Sole Paragraph—The owners, charterers and commanders of national ships, as well as at least two-thirds of the members of their crews, shall be Brazilians. (Art. 129, Nos. I & II).
Art. 156—The law shall facilitate the settlement of men in the fields, establishing plans for the colonization and use of public lands. For this purpose, preference shall be given to nationals and, from among these, the inhabitants of impoverished zones and the unemployed.
§ 1. In the concession of ceded lands, the States shall assure squatters (posseiros), who habitually dwell thereon, the preference for the purchase of the land, up to twenty-five hectares.
§ 2. Without the previous authorization of the Federal Senate, no sale or concession of public lands exceeding an area of ten thousand hectares may be effected.
§ 3. Anyone, who, not being either a rural nor an urban landowner, occupies for ten uninterrupted years, without opposition and without recognition of other ownership, a piece of land not exceeding the area of twenty-five hectares, and makes it productive by his work, and dwells thereon, shall acquire ownership of the land, by declaratory sentence duly transcribed.
Art. 157—Labor and social security legislation shall be governed by the following precepts as well as others aiming to improve the conditions of workers:
I—a minimum salary calculated to cover, according to the conditions of each region, the normal necessities of the worker and his family;
II—prohibition of salary differences for the same worker because of age, sex, nationality, or civil status;
III—higher pay for night work than for day work.
IV—obligatory and direct participation of the worker in the profits of concerns on the terms and in the way provided by law;
V—daily work not exceeding eight hours, except in the cases and conditions provided by law;
VI—weekly rest with pay, preferably on Sundays, and within the limits of the technical requirements of the concerns, on the civil and religious holidays in accordance with the local tradition;
VII—annual leave, with pay;
VIII—hygiene and safety in all work;
IX—prohibition of work for minors under fourteen; of work in unhealthful industries, for women and for minors under eighteen; and of night work for minors under eighteen; with observance, in every instance, of the conditions established by law and the exceptions admitted by the competent authorities;
X—the right of a woman to rest before and after giving birth, without prejudice to her employment and salary;
XI—fixation of the percentage of Brazilian employees, which are to be maintained compulsorily in the public services granted under concession and in establishments in certain lines of commerce and industry;
XII—security of employment in concerns or in rural development, as well as indemnization to the dismissed worker, in the cases and on the conditions which the law may establish;
XIII—recognition of the collective labor agreements;
XIV—medical and sanitary aid, including hospitalization and preventive treatment for the worker, and to expectant mothers;
XV—assistance to the unemployed;
XVI—social security, by means of contribution from the Union, from the employer and from the employee for the benefit of motherhood, and against the consequences of old age, invalidity, illness, or death;
XVII—obligation of the employer to establish insurance against labor accidents;
Sole Paragraph—There shall be no distinction as to rights, guarantees and benefits, between manual or technical labor and intellectual labor nor between those who, respectively, exercise such callings.
Art. 158—The right to strike is recognized, the exercise of which shall be regulated by law.
Art. 159—Professional or syndical association is permitted; the form of constitution, the legal representation in the collective labor contracts, and the exercise of functions delegated by the public power being regulated by law.
Art. 160—The ownership of journalistic concerns, either political or simply for news, as well as radio broadcasting, is forbidden to corporations having bearer shares, and to foreigners. Neither the latter, nor juridical persons, except the national political parties, may be shareholders of the corporations owning such concerns. The principal responsibility of them, as well as their intellectual and administrative orientation, shall be the exclusive prerogative of Brazilians. (Art. 129, Nos. I & II)
Art. 161—The law shall regulate the exercise of the liberal professions, as well as the revalidation of diplomas issued by foreign educational institutions.
Art. 162—The selection, entry, distribution, and settlement of immigrants shall be subject to the requirements of the national interest, as provided by law.
Sole Paragraph—It shall devolve upon a federal administrative entity to orient those services, and coordinate them with those of naturalization and colonization, nationals being utilized as far as possible.