§ 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.
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.
Title Nine
GENERAL PROVISIONS
Art. 195—The flag, the hymn, the seal and the arms in use on the date of promulgation of this Constitution are national symbols.
Sole Paragraph—The states and municipalities also may have their symbols.
Art. 196—The diplomatic representation to the Holy See is maintained.
Art. 197—The incompatibilities set forth in Article 48 extend insofar as may be applicable to the President and Vice President of the Republic, to the Ministers of State and to the members of the Judicial Power.
Art. 198—For the execution of the defense plans against the effects of the so-called drought of the Northeast, the Union shall spend, annually, upon works and services of social and economic assistance an amount never inferior to three per cent of all tax revenue.
§ 1. One-third of this amount shall be deposited in a special fund destined for the help of the populations affected by the calamity; this reserve, or part of it, may be invested at moderate interest in accordance with the provisions of law, in loans to farmers and industrialists established in the area embraced by the drought.
§ 2. The States within the drought area shall invest three per cent of their tax revenue in the construction of dams, on a cooperative basis, and in other services necessary to the assistance of their populations.
Art. 199—In the execution of the plan to increase the
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