Art. 32The States, the Federal District, and the municipalities may not establish any tax differential between properties of any nature by reason of their origin.
Art. 33—The States and the municipalities are prohibited to contract external loans without previous authorization of the Federal Senate.
Art. 34—Included in the property of the Union are:
I—lakes and water courses in territory of its domain or which border on more than one State, serve as boundaries with other countries or extend to foreign territory; as well as river and lake islands in the boundary zones with other countries.
II—the portion of ceded land which may be indispensable for the defense of frontiers, fortifications, military construction, and railways.
Art. 35—Among the properties of the state domain are included lakes and rivers in territory of the same (State) domain and those which have their source and mouth within the frontiers of the State.
Art. 36—The powers of the Union are Legislative, the Executive and the Judicial independent and harmonious among themselves.
§ 1. The citizen invested with the function of one of these shall not exercise the function of another, except for the exceptions set forth in this Constitution.
§ 2. It is forbidden for any of the Powers to delegate their attributes.
Chapter II
The Legislative Power
SECTION I
Preliminary Provisions
Art. 37—The Legislative Power is exercised by the National Congress, which is composed of the Chamber of Deputies and the Federal Senate.
Art. 38—The election for deputies and senators shall be held simultaneously throughout the country.
Sole Paragraph—The conditions of eligibility for the National Congress are:
I—to be a Brazilian as defined in Art. 129, Nos. I and II;
II—to be in full enjoyment of political rights;
III—for the Chamber of Deputies, to be more than twenty-one years old;
IV—for the Federal Senate, to be more than thirty-five years old.
Art. 39—The National Congress shall meet in the Capital of the Republic, on the 15th of March each year, and shall function until the 15th of December.
Sole Paragraph—The National Congress may be convoked extraordinarily only by the President of the Republic or by initiative of one third of one of the Chambers.
Art. 40—Each Chamber shall have power to provide its Internal Regulation, for its own organization and police and for the creation and fulfillment of offices.
Sole Paragraph—In the selection of committees, proportional representation of the national parties forming part of the respective Chamber shall be assured as far as possible.
Art. 41—The Chamber of Deputies and the Federal Senate, under the direction of the administration of the latter, shall meet in joint session in order to:
I—inaugurate the legislative session;
II—elaborate common regulations;
III—receive the oath of the President and of the Vice President of the Republic;
IV—deliberate upon veto.
Art. 42—In each Chamber, except for constitutional provision to the contrary, resolutions shall be taken by majority of votes, with an absolute majority of their members present.
Art. 43—The vote shall be secret in the elections and in the cases established by Arts. 45, paragraph 2; 63, No. I; 66, No. VIII; 70, paragraph 3; 211 and 213.
Art. 44—The deputies and senators are inviolable in the exercise of their mandate for their opinions, words and votes.
Art. 45—From the time of issuing their diplomas until the inauguration of the subsequent legislature, the members of the National Congress may not be arrested, except in case of in flagrante delicto in an unbailable crime, nor may they be prosecuted criminally, without previous permission of their Chamber.
§ 1. In the case of in flagrante delicto of an unbailable crime, notice of arrest shall be sent within forty-eight hours to the respective Chamber in order that it may decide upon the imprisonment and authorize the framing of the indictment.
§ 2. The Chamber concerned shall deliberate by vote of the majority of its members.
Art. 46—Deputies and Senators, whether civilian or military, may not be incorporated into the armed forces except in time of war and by permission of their Chamber, being thereafter, subject to military legislation.
Art. 47—Deputies and Senators shall receive, annually, an equal subsidy and shall have equal allowances for expenses.
§ 1. The subsidy shall be divided in two parts: one fixed, which shall be paid in the course of the year, and the other variable, corresponding to their attendance.
§ 2. The allowance for expenses and subsidy shall be fixed at the end of each legislature.
Art. 48—Deputies or Senators may not:
I—from and after issuance of the diploma:
a)—make a contract with a juridical person of public law, autarchic entities or societies of mixed economy, except when the contract adheres to uniform standards;
b)—accept or exercise remunerated commission or employment from a juridical person of public law, autarchic entities, societies of mixed economies or private firms holding concessions for public service.
II—from and after taking office:
a)—enter into any contract with an internal public authority, autarchic entity or enterprise of mixed economy, except when the contract adheres to uniform standards;
b)—occupy public office from which he may be dismissed at will;
c)—exercise another legislative mandate, whether federal, state or municipal;
d)—support a cause against a juridical person of public law.
§ 1. Infractions of the provisions of this article, as well as absence without permission from the sessions for more than six consecutive months shall result in loss of the mandate, declared by the Chamber at which the deputy or senator may belong, upon the initiative of any of its
4
