§ 2. Elections shall be held on the same date:
I—in the States and in the Federal District;
a) for the third Senatorial seat and the alternates as prescribed by Art. 60, paragraphs 1, 3 and 4 of the Constitution;
b) for the party alternates of the Senators elected on 2nd December 1945, if, in respect of these, no vacancy has taken place;
II—for the federal deputies, to complete the requisite number in those States where the number of representatives to the Chamber of Deputies may not correspond to that established in the Constitution, taking as a basis the last official estimate of the Institute of Geography and Statistics;
III—for one federal deputy in the Territories, Acre and Fernando de Noronha being excepted;
IV—for fifty municipal councillors in the Federal District;
V—for the completion of existing vacancies, or any which may occur, up to thirty days before the poll, in the respective electoral zones, and for the alternates themselves in the case of Senators.
§ 3. In the elections referred to in this article, the political parties, in each State, may enter two candidates more than the number of deputies to be elected to the Federal Chamber. The successful alternates in the election shall substitute those who were elected in the terms of Paragraph 2, in the cases mentioned in the Constitution and in the law, as also those, of the same political party, whose list of alternates may have become exhausted.
§ 4. The entry of the same candidate for more than one State shall not be permitted.
§ 5. The Electoral High Court shall take steps to ensure compliance with this article and its preceding paragraphs. In the exercise of this prerogative, the same Court shall fix, in accordance with official statistical information, the number of new seats in the federal representation, taking into account the criterion established in Art. 58 of the Constitution and its two paragraphs.
§ 6. The mandate of least duration shall be that of the third senator. If more than one senator be elected by the same state or by the Federal District, the mandate of longest duration shall be that of the one receiving the most votes.
§ 7. In the elections referred to in this article, the only disqualifications shall be:
I—for governor:
a) the Ministers of State who may have been in office during three months prior to the election;
b) those who, up to eighteen months before the election, may have exercised the office of President of the Republic or, in the respective State, even if only in an acting capacity, that of Governor or Interventor; and also the secretaries of States, commanders of military zones, chiefs and commanders of police, magistrates and the head of the Attorney General's Office, who may have been engaged in these functions at any time during the two months immediately preceding the election;
II—for Federal Senators and Deputies and their respective alternates, those who, up to six months prior to the election, may have exercised the office of Governor or Interventor in the respective State, and the other authorities referred to in No. I who may have been occupying these posts at any time during the two months immediately preceding the election;
III—for deputies to the State Assemblies, the authorities referred to in No. I letters a) and b) (second part) who may have been occupying these posts at any time during the two months immediately preceding the election;
IV—for Councillors to the Municipal Chamber of the Federal District, the Mayor and the authorities referred to in No. I, letters a) and b) (second part), who may have been occupying these posts at any time during the two months immediately preceding the election.
§ 8. After receiving their diplomas, the deputies to the State Assemblies shall meet, within ten days, presided over by the President of the Regional Electoral Court, by convocation of the latter, who shall set in motion the election of the Board.
§ 9. Any State which, up to four months after the installation of its Assembly, may not have decreed its Constitution, shall, by deliberation of the National Congress, be submitted to the Constitution of whichever other State may be deemed most suitable, until it has been amended by the process determined therein.
Art. 12—Pending the promulgation of the State Constitutions and in the case of the Federal District, the decreeing of its Organic Law, the States and Municipal districts shall be administered in accordance with the legislation in force at the date of promulgating this Act.
Sole Paragraph—Within ten days counted from their official publication, any citizen may appeal to the President of the Republic from the Acts of the Interventors; and, on the same terms, to the Interventor, from the acts of the Municipal Mayors.
Art. 13—The discrimination of revenues established in Arts. 19 to 21 and 29 of the Federal Constitution shall come into force on January 1st, 1948, in so far as it modifies the previous regime.
§ 1. The States which levy exportation taxes higher than the limit allowed by Art. 19, No. V, shall reduce the excess gradually, within a period of four years, except in the case referred to in Paragraph 6 of that article.
§ 2. As from 1948, the following shall be made gradually effective:
I—in the course of two years, the requirements of Art. 15, paragraph 4, whereby the Union shall hand over to the Municipal districts half of the quota in the first year and the entire quota in the second year;
II—in the course of four years, the abolition of any taxes which, under the Constitution, may not be included in the powers of the governments collecting them at present;
III—in the course of ten years, the provisions contained in Art. 20 of the Constitution.
§ 3. The federal or state law, in accordance with the case, may establish a shorter period for the fulfilment of the provisions indicated in the previous paragraphs.
Art. 14—For composition of the Federal Court of Appeals, in the part constituted by magistrates, the Federal Supreme Court shall indicate, in order that they may be appointed by the President of the Republic, up to three of the sectional judges and substitutes of the extinct Federal Justice, if they meet the requirements of Art. 99 of the Constitution. The indication shall be made, whenever possible, in a duplicate list for each case.
§ 1. Immediately after the termination of the period mentioned in Art. 3, the National Congress shall fix, by law, the salaries of the Judges of the Federal Court of Appeals; and, within thirty days from sanctioning or promulgating the same law, the President of the Republic shall make the respective appointments.
§ 2. When the Court has been installed, it shall elaborate its internal regime and shall provide for the organization of its secretariat, registry offices, and other services, and shall propose to the National Congress the creation of the Administrative offices, and the fixing of the respective remunerations (Constitution, Art. 97, No. II).
§ 3. Pending the functioning of the Federal Court of Appeals, the Federal Supreme Court shall continue to judge all the cases which come within its province, in the terms of the previous legislation.
§ 4. When the law provided for in § 1 has been voted, the Federal Supreme Courts shall forward to the Federal Court of Appeals all cases incumbent upon the latter which do not bear the visa of the respective reporter.
21
