Constitution of the United States of Brazil (1946)/Title 7
Title Seven
THE ARMED FORCES
Art. 176—The Armed Forces, constituted essentially by the Army, Navy, and Air Force, are permanent national institutions, organized on a basis of hierarchy and discipline, under the supreme authority of the President of the Republic, and within the limit of the law.
Art. 177—It is the mission of the Armed Forces to defend the Country and guarantee the constitutional powers, as well as law and order.
Art. 178—The political direction of war, and the selection of the commanders-in-chief of the forces in operation shall be incumbent on the President of the Republic.
Art. 179—The problems pertaining to the defense of the Country shall be studied by the Council of National Security and by the special organs of the Armed Forces, charged with their preparation for mobilization and military operations.
§ 1. The Council of National Security shall be under the direction of the President of the Republic and therein shall take part, as effective members, such Ministers of State and chiefs of staff, as the law may determine. In cases of impediment, the President of the Republic shall appoint a substitute.
§ 2. The law shall regulate the powers and the functions of the Council of National Security.
Art. 180—In the zones indispensable to the defense of the country, the following shall not be permitted, without consent of the Council of National Security:
I—any act whatsoever, relating to the concession of lands, the opening of means of communication and the installation of transmitting apparatus;
II—construction of bridges and international roads;
III—establishment or development of any industries affecting the national security.
§ 1. The law shall specify the zones indispensable to the national defense, shall regulate their utilization and shall insure the predominance of Brazilian capital and labor in the industries situated therein.
§ 2. The authorizations referred to in Nos. I, II and III may, at any time, be modified or cancelled by the Council of National Security.
Art. 181—All Brazilians are obligated to military service or other duties necessary to the defense of the country under the terms and penalties of the law.
§ 1. Women are exempted from military service but are subject to such duties as the law may establish.
§ 2. The military obligation of clergymen shall be fulfilled in the services of the armed forces or by means of spiritual assistance to them.
§ 3. No Brazilian, after reaching the minimum military service age, established by law, may hold public office or employment in any state-controlled entity, society of mixed economy or undertaking holding a concession for public service, without producing proof of military enlistment, of being a reservist, or of enjoying exemption from such obligation.
§ 4. To favor the fulfillment of military obligations, "tiros de guerra" and other organs for the formation of reservists are permitted.
Art. 182—Commissions, with the advantages and privileges therein inherent, are fully guaranteed not only to active officers and those of the reserve but also to the retired officers.
§ 1. Military rank, posts and uniforms are the exclusive right of the active, the reserve or the retired soldier.
§ 2. An officer of the Armed Forces shall lose his post and commission only by condemnatory sentence, pronounced by a judge, whose penalty restrictive of individual liberty exceeds two years; or, in the cases provided by law, if he is declared unworthy or incompatible with the rank of an officer, in accordance with decision of a military court of permanent character in peacetime, or of a special court during war, whether external or civil.
§ 3. The soldiers who, being in active duty of the armed forces, shall accept a permanent public position outside his career, shall be transferred to the reserve with the rights and duties defined by law.
§ 4. Any soldier on active duty who shall accept a temporary public office, whether elective or not, shall be added to the respective roster and shall only count trial service for promotion by seniority, transfer to the reserve, or retirement. After eight years of separation, continuous or not, he shall be transferred, as provided by law, to the reserve without prejudice to the counting of time for retirement.
§ 5. Any soldier receiving remuneration in payment of a permanent or temporary position, shall not be entitled to his regular salary, whether he be in active service, in the reserve or in retirement.
§ 6. The provisions of Arts. 192 and 193 are applicable to professional soldiers.
Art. 183—The military police, instituted for the purpose of guaranteeing internal security and the maintenance of order in the States, the Territories and the Federal District, are deemed to be reserve auxiliary forces of the Army.
Sole Paragraph—When mobilized in the service of the Union, in time of civil war or war abroad, the personnel of the military police shall enjoy the same benefits as that of the Army.