Constitution of the Seventh Federative Republic of Brazil

Constitution of the Seventh Federative Republic of Brazil

Constituição da República Federativa do Brasil

PREAMBLE

The Brazilian Restoration and Salvation Council, serving as trusted representatives of the interests of the Brazilian People, commit ourselves towards the maintenence of the people's social rights, liberty, security, well-being, development, equality, and justice; the establishment of a pluralist, fraternal, and equal society; and the pursuit for social harmony and national unity, and it is in the name of these goals that we promulgate this Constitution of the Federative Republic of Brazil.

Key Principles

• The Federative Republic of Brazil, formed by the indissoluble union of the States and of the Federal District, is founded on the principles of sovereignty, human dignity, virtuous labour, and free enterprise.
• The fundamental objectives of the Federative Republic of Brazil are to build a just and harmonious society, to eradicate poverty and substandard standards of living, to reduce social and regional inequalities, and to promote the well-being of all Brazilians without distinction.
• The fundamental objectives prescribed by this Constitution shall guide the work of all branches of government.
• The Federative Republic of Brazil shall seek the economic, political, social and cultural integration of the peoples of Latin America, viewing the formation of a Latin American community of nations.

Political Organization and Powers

• All sovereign powers in Brazil, including powers of legislation, executive authority, and adjudication, are derived from the Brazilian People.
• The sovereign powers derived from the Brazilian People are held on trust for their benefit by the Brazilian Restoration and Salvation Council. The Council's exercise of sovereign powers shall override exercises of power by any other body of government. No person or body has the right or authority to override, set aside, or derogate from the Council's exercise of sovereign power.
• The States are organized and governed by the Constitutions and laws they may adopt, in accordance with the principles of this Constitution. All powers that this Constitution does not prohibit the States from exercising shall be conferred upon them.
• The States' competence does not extend to issues of legal tender, foreign affairs, military affairs, national defence, external taxes, postal affairs, technical standards, business licencing, and company registration. This does not affect the States' ability to facilitate and maintain twinning arrangements between cities and administrative subdivisions.
• The States shall commission an independent audit of their finances and seek the approval of the Brazilian Restoration and Salvation Council prior to the issuance of debt securities.
• The legislative competence of the Union does not exclude the supplementary competence of the States.
• If there is no federal law on a matter, the States shall exercise full legislative competence to provide for their peculiarities.
• The supremacy of a federal law suspends the effectiveness of a State law to the extent that the two are contrary.

The Executive

• The Brazilian Restoration and Salvation Council shall be the federal executive of the Union.
• The Brazilian Restoration and Salvation Council shall be headed by the President and the Commander-in-Chief.
• Both the President and the Commander-in-Chief shall not serve more than 12 years.
• The Commander-in-Chief of the Brazilian Restoration and Salvation Council shall be the Commander-in-Chief of the Brazilian Armed Forces, responsible for all military affairs of the nation.
• The President shall be the civilian head of state of the Federative Republic, responsible for the day-to-day running of the nation.
• The President shall be elected by at least two-thirds of all members of the Brazilian People's Congress.
• The incumbent session of the Brazilian People's Congress shall be discharged and dissolved, with new elections to be organized within 90 days, if it is unable to elect a President after the position has been vacant for 365 days.
• The Vice President shall be the runner-up candidate from the presidential election. Where the runner-up refuses to be the Vice President, the President shall appoint a Vice President within 14 days of their election.
• The appointed Vice President shall receive the approval of an absolute majority of all members of the Brazilian People's Congress prior to taking office.
• The incumbent President shall resign, with new elections to be organized within 90 days, if his candidate for appointed Vice President is rejected by the Brazilian People's Congress thrice in one session.
• The Commander-in-Chief shall assume the duties and responsibilities of the President in the President's absence or vacancy.
• The Commander-in-Chief shall have sole authority to declare a state of emergency following consultation with the President and Vice President.
• The state of emergency shall vest onto the Commander-in-Chief and the President the power to:

[list][*]Reduce the quorum or voting threshold necessary for the Brazilian People's Congress to attend to its activities; [*]Unilaterally pass legislation without Congressional approval; [*]Order the emergency disbursal of government funds; [*]Impose taxes, fees, or levies by decree; [*]Amend or suspend any of the rights and duties contained in this Constitution; [*]Amend this Constitution for a renewable period of 90 days; [*]Enforce federal intervention in the States to prevent or suppress subversion of the constitutional order; [*]Exclude acts of state from judicial review; [*]Expropriate or requisition property for the public interest without compensation; [*]Appoint or dismiss any public servant without appeal; [*]Mobilize the Armed Forces; [*]Enact conscription; [*]Suspend for a renewable period of 90 days or dissolve the Brazilian People's Congress; [*]Establish special courts or tribunals by decree; [*]Prohibit public gatherings or travel, impose curfews, suspend [i]habeas corpus[/i]; and [*]Order the performance of any other act which is immediately necessary to quell public disturbance and preserve the nation. [/list]

• A state of emergency cannot exceed a duration of 365 days unless renewed with the consent of the Brazilian People's Congress.

The Legislature

• The Brazilian People's Congress shall be the legislature of nation.
• The Brazilian Restoration and Salvation Council shall have the sole power to initiate legislation.
• The President shall address the Brazilian People's Congress once a year to inform its members of the Brazilian Restoration and Salvation Council's legislative and policy programme. This address shall be streamed live for public view.
• The Brazilian People's Congress shall have the sole power to approve legislation through absolute majority.
• The Brazilian People's Congress has quorum if more than sixty percent of its members are in attendance.
• The Brazilian Restoration and Salvation Council shall have the power to bypass Congressional approval of its legislation and unilaterally approve legislation if:

[list](a) the legislation relates to an ongoing state of emergency; or (b) the legislation has the approval of both the Council and one-third of the Brazilian People's Congress. [/list]

• The Vice President shall hold speakership over the Brazilian People's Congress.
• The length of a legislative session is one calendar year. The length of a legislative term is five calendar years.

The Judiciary

• The courts of Brazil at all levels shall be the judiciary of the nation.
• The judicial system previously practised in Brazil shall be maintained except for those changes consequent upon the passing of this Constitution.
• The Military Justice may be permitted to prosecute and ajudge crimes against national security, crimes against society, crimes against military institutions, or other cases as decided by the Brazilian Restoration and Salvation Council. It shall be permitted to utilise its own procedural and evidentiary rules in the handling of such cases.

Rights and Duties

• The rights recognized by this Constitution shall be enjoyed equally by all in Brazil without distinction of any kind.
• The right to basic sustenance shall be respected unconditionally.
• The right against the arbitrary deprivation of life shall be respected. A sentence of death following a criminal proceeding shall be the only acceptable deprivation of life in Brazil. A sentence of death shall not be imposed on a minor or a person who is mentally incapacitated.
• The right against slavery shall be respected. The practice of slavery must be prohibited and punishable as a criminal offence.

[*]The right against arbitrary search, arrest, detention, and punishment of the individual or their property shall be respected. [*]The right of the incarcerated to be segregated along lines of age and sex shall be respected. [*]The right of the incarcerated to obtain skills necessary for reintegration post-release shall be respected. [*]The right of debtors not to be imprisoned for failing to repay a debt shall be respected. [*]The right of a contracting party not to be imprisoned for failing to discharge a contractual obligation shall be respected. [*]The right to free movement and free residence in and out of Brazil shall be respected. [*]The right against arbitrary expulsion or deportation shall be respected. [*]The right against arbitrary interferences with one's privacy shall be respected. [*]The right to equal treatment before the law and courts shall be respected. [*]The right to a public hearing before judicial authorities shall be respected. [*]The right to be presumed innocent until proven guilty shall be respected. [*]The right to hold and voice any political, social, or religious belief shall be respected. [*]The right to associate with any lawful body shall be respected. [*]The right to civic participation shall be respected. [*]The right to receive an education or training shall be respected. [*]The right to hold any occupation or lifestyle shall be respected. [*]The right to marry and reproduce shall be respected. [*]The right against cruel punishment or forced scientific experimentation shall be respected. [*]The right against retrospective criminal conviction and punishment shall be respected. This shall not prejudice the use of one's prior behavior as evidence for or against a person during legal proceedings. [*]The duty to work for the national economy shall be enforced. [*]The duty to raise one's children responsibly and without abuse shall be enforced. [*]The duty to safeguard the nation from threats external and internal shall be enforced. [*]The duty to respect the property and body of others shall be enforced. [*]The duty to pay taxes and submit to legal judgment shall be enforced. [*]The duty to obey the law and cooperate with criminal or civil proceedings to the best of one's ability shall be enforced. [*]The duty to defend the constitutional order and the nation shall be enforced. [*]The duty to serve in the armed forces where one is able shall be enforced. [*]Every right and duty contained in this Constitution may be derogated from, but only where: [list](a) the derogation is prescribed and performed in accordance to explicit law; or (b) the derogation is in pursuit of a legitimate goal, and is limited to the extent strictly required by the exigencies of the situation.[/list] [*]Amendments to any of the rights and duties contained in this Constitution are to be prescribed by law and limited to the extent strictly required by the exigencies of the situation. [*]The courts of Brazil shall have jurisdiction to grant redress in accordance to law to remedy unjustified violations of constitutional rights by the state. [*]Full legal amnesty is granted for all those who have assisted the Brazilian Restoration and Salvation Council in its ascension to power unless dictated otherwise by the Council.

The National Economy

[*]All land within Brazil shall be state property. The Brazilian Restoration and Salvation Council may on behalf of the Brazilian state alienate land and natural resources which are state property, provided the alienation is not permanent. [*]The ownership and interests of businesses and their investments shall be protected by law. [*]The Brazilian Restoration and Salvation Council shall strive to avoid fiscal deficits in the federal budget. [*]The Brazilian Restoration and Salvation Council shall deliver a proposal for the federal budget before the Brazilian People's Congress for its approval once every year. [*]Any proposed federal budget must obtain the approval of an absolute majority of all members of the Brazilian People's Congress before it is approved. [*]The incumbent session of the Brazilian People's Congress shall be discharged and dissolved, with new elections to be organized within 90 days, if it is unable to approve a federal budget thrice in one session. [*]The Brazilian Restoration and Salvation Council shall have delegable authority to issue legal tender. The Council shall have delegable authority to determine and enforce laws against counterfeiting of its tender.

The Constitution

• This Constitution is the supreme law of Brazil and shall take precedence over any and all conflicting provisions of law.
• The power of final interpretation of the Constitution shall be vested in the Brazilian Restoration and Salvation Council, or to any appointed delegates of the same.
• The courts are permitted to interpret this Constitution if necessary for the adjudication of a legal case. The courts shall be obliged to seek an interpretation from the Brazilian Restoration and Salvation Council or its appointed delegates if the interpretation is made in the course of final adjudication.
• The powers to propose and enact amendments to the Constitution shall be vested in the Brazilian Restoration and Salvation Council, or to the Brazilian People's Congress.
• Any proposed amendment must obtain the consent of two-thirds of the citizenry via plebiscite, two-thirds of all members of the Brazilian People's Congress, and two-thirds of the Brazilian Restoration and Salvation Council.