Constitution of the United States of Brazil (1946)/Title 8
Title Eight
PUBLIC EMPLOYEES
Art. 184—Public offices (i.e., positions) are open to all Brazilians, with observance of the requirements of the law.
Art. 185—The accumulation of any public posts is prohibited, except that provided for in Article 96, I, as well as the accumulation of two teaching positions, or of a teaching position and a scientific or technical one provided that there is correlation of subjects and compatibility of schedule.
Art. 186—The first investiture in career offices, or in others which the law may provide shall be effected by competition followed by health inspection.
Art. 187—The only appointments for life are those of magistrates, Ministers of Accounts Tribunal, officers of justice and university professors.
Art. 188—The following shall have stability in their employment:
I—effective employees appointed by competition, after two years in office;
II—effective employees, appointed without competition, after five years in office.
Sole Paragraph—The provisions of this article do not apply to posts of confidence nor to those which the law may declare to be of free appointment and dismissal.
Art. 189—Public employees shall lose their positions:
I—if holding a life appointment, only by virtue of a judicial sentence;
II—if having stability of employment, not only in the case provided for in the preceding item, but also if their offices are extinguished or if they are dismissed after an administrative process, in which they have been allowed the most ample defense.
Sole Paragraph—Should an office be extinguished, the employee who has stability of employment, shall go on an available list with pay, until he is obligatorily made use of in another position whose nature and pay are compatible with that he had occupied.
Art. 190—Should the dismissal of any employee be invalidated by a sentence, he shall be reinstated. Anyone who may have occupied his place shall be summarily removed or restored to his old position, but with no right to indemnization.
Art. 191—Employees shall be retired:
a)—for invalidity;
b)—compulsorily, at the age of seventy.
§ 1. Any employee with more than thirty-five years of service may be retired at his request.
§ 2. Retirement salaries shall be in full, if the employee has had thirty years of service; and shall be in proportion if the employee has not attained this limit.
§ 3. Retirement salaries shall be in full when the employee becomes invalid on account of an accident sustained in the service, by reason of a professional illness or serious, contagious or incurable illness, specified by law.
§ 4. Having regard to the special nature of the work, the law can reduce the limits referred to in No. II, in the second paragraph of this article.
Art. 192—The time of federal, state, or municipal public service shall be computed in full, for the purposes of placement on available lists and retirement.
Art. 193—Inactivity income shall be adjusted whenever salaries of active employees are modified by reason of fluctuation of the purchasing power of the currency.
Art. 194—Juridical persons of national public right are civilly responsible for any harm which their employees, as such, may cause to third parties.
Sole Paragraph—These persons shall have right of recourse of action against the employees causing the harm, if the latter are found to have been guilty.