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Executive Summary

This report expands and updates the Brazilian Legal Research Guide available on the website of the Law Library of Congress.  The purpose of the Guide is to provide a general understanding of the Brazilian legislative, executive, and judicial branches of the federal government as defined by the Constitution and federal laws.

Initially, the report will be divided into three parts.  The first part discusses the legislative branch; the second part explains the executive branch and the third will update the existing material on the judicial branch.

Additional material will later be included covering nomenclature, hierarchy, and the definition of legal terms in general; legal definitions of terms used in administrative law; administrative responsibility; codification and consolidation of laws; sources of publication; legislation, doctrine, and jurisprudence; civil, criminal, and procedural laws; official sources of law (official gazettes; codes, consolidations, and random laws; jurisprudence; and scholars).

The report will also include a list with the corresponding links to codes and the most relevant laws currently in force in Brazil, Internet sources containing legal information including government websites.

Introduction

Brazil is a federative republic formed by the indissoluble union of the states, municipalities, and the Federal District, constituted as a legal democratic state founded upon sovereignty, citizenship, human dignity, social values of work and free enterprise, and political pluralism.[1]  All power emanates from the people, who exercise it through elected representatives or directly, in accordance with the Constitution of October 5, 1988.[2]  The legislative, executive, and judicial branches reflect the three powers that compose the Brazilian government.[3]

The Legislative Branch

The National Congress is composed of the Chamber of Deputies and the Federal Senate.[4]  The National Congress exercises its legislative power through the legislative process,[5] which includes amendments to the Constitution and the preparation of supplementary laws, ordinary laws, delegated laws, provisional measures, legislative decrees, and resolutions.[6]

National Congress

Pursuant to article 44 of the Constitution of October 5, 1988, the National Congress is composed of the Chamber of Deputies and the Federal Senate.

Powers

Article 48 determines that the National Congress has the power, with the approval of the President of the Republic, which is not required for subjects specified in articles 49, 51, and 52 of the Constitution, to regulate all matters within the federal government’s (União) jurisdiction, particularly:[7]

  1. the tax system, tax collection, and income distribution;
  2. multi-year plans, budgetary directives, annual budgets, credit transactions, public debt, and issuance of legal tender;
  3. determination and modification of the number of troops in the Armed Forces;
  4. national, regional, and sectorial development plans and programs;
  5. national territorial boundaries, air and maritime space, and property owned by the federal government;
  6. incorporation, subdivision, or division of areas of territories or states, after hearing from the respective Legislative Assemblies;
  7. temporary transfer of the seat of the federal government;
  8. granting of amnesty;
  9. administrative and judicial organization of the Public Prosecutor’s Office (Ministério Público)[8] and Public Defender’s Office (Defensoria Pública)[9] of the federal government and territories, and judicial organization of the Public Prosecutor’s Office and Public Defender’s Office of the Federal District;
  10. creation, transformation, and termination of public offices, employment, and positions, observing what has been established in article 84(VI)(b) of the Constitution;
  11. creation and termination of ministries and agencies of the public administration;
  12. telecommunications and radio broadcasting;
  13. financial, foreign exchange, and monetary matters, as well as financial institutions and their operations;
  14. currency, limits on currency issuance, and the amount of federal indebtedness evidenced by bonds or other securities; and
  15. determining the fixed compensation of Ministers of the Federal Supreme Court, observing what has been provided for in articles 39(§4), 150(II), 153(III), and 153(§2)(I).

The National Congress has exclusive powers to:[10]

  1. decide definitively on international treaties, agreements, or acts that result in charges or commitments encumbering the national patrimony;
  2. authorize the President of the Republic to declare war, make peace, and permit foreign forces to pass through national territory or remain therein temporarily, with the exception of cases provided for by supplemental law;
  3. authorize the President and the Vice-President of the Republic to leave the country for more than fifteen days;
  4. approve a state of defense or federal intervention, authorize a state of siege or suspend any of these measures;
  5. suspend normative acts of the Executive that exceed its regulatory authority or the limits of legislative delegation;
  6. transfer its seat temporarily;
  7. set identical fixed compensation for the Federal Deputies and Senators, observing the provisions of articles 37(XI), 39(§4), 150(II), 153(III), and 153(§2)(I);
  8. set the fixed compensation of the President and Vice-President of the Republic and Ministers of the federal government, observing the provisions of articles 37(XI), 39(§4), 150(II), 153(III), and 153(§2)(I);
  9. review each year the accounts rendered by the President of the Republic and consider reports on the execution of plans of the government;
  10. supervise and control, directly or through either of its Chambers, acts of the Executive, including those of the indirect administration;[11]
  11. safeguard the preservation of its legislative authority in face of the rulemaking powers of the other branches;
  12. consider the acts granting and renewing concessions for radio and television broadcasters;
  13. select two-thirds of the members of the Audit Tribunal of the Union (Tribunal de Contas da União (external link));[12]
  14. approve executive initiatives referring to nuclear activities;
  15. authorize referenda and call for plebiscites;
  16. authorize exploitation and use of water resources and the prospecting and mining of mineral wealth on indigenous lands; and
  17. give prior approval for the alienation or concession of public lands with an area greater than 2,500 hectares (approximately 7,475 acres).

Sessions (external link)

The National Congress must meet annually in the Federal Capital, from February 2 to July 17 and from August 1 to December 22.[13] Whenever sessions scheduled for these dates fall on Saturdays, Sundays, or holidays, they must be transferred to the next business day.[14]

In addition to other cases provided for in the Constitution, the Chamber of Deputies and the Federal Senate must meet in a joint session to:[15]

  1. inaugurate the legislative session;
  2. draw up common bylaws and regulate the creation of services common to both Chambers;
  3. receive the oath of office of the President and Vice-President of the Republic; and
  4. acknowledge a veto and deliberate about it.

Starting on February 1 of the first year of the legislature, each Chamber shall meet in preparatory sessions to seat its members and elect its respective Executive Committees for a two-year term, prohibiting reelection to the same position in the next election.[16]

The Executive Committee of the National Congress is presided over by the President of the Federal Senate, and the other positions are held, alternately, by the occupants of equivalent positions in the Chamber of Deputies and the Federal Senate.[17]

Article 57 of the Constitution provides for those situations where extraordinary sessions of the National Congress may be called and who may call them.

Except where there is a constitutional provision to the contrary, the decisions of each Chamber and its committees must be made by a majority vote whenever an absolute majority of its members is present.[18]

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Committees (external link)

The National Congress and both its Chambers must have permanent and temporary committees, constituted in the form and with the powers provided for in the respective bylaw or in the act of their creation.[19] In forming the Executive Committees and each Committee, proportional representation of political parties or parliamentary groups that participate in the respective Chamber must be assured to the extent possible.[20]

Committees, based upon the subjects over which they have jurisdiction (competência), must have the power to:[21]

  1. discuss and vote on bills that, in accordance with the bylaws, do not require the authority of the entire body, unless an objection is made by one-tenth of the members of the Chamber;
  2. hold public hearings with entities of civil society;
  3. summon Ministers of the Federal Government to provide information on matters inherent to their duties;
  4. receive petitions, claims, representations, or complaints from any person against acts or omissions of government authorities or public entities;
  5. request the deposition of any authority or citizen; and
  6. examine construction programs and national, regional, and sectorial development plans, and issue opinions on them.

The Parliamentary Commissions of Inquiry (Comissões Parlamentares de Inquérito (external link), CPI), which must have the same investigative powers as judicial authorities in addition to other powers set forth in the bylaws of their respective Chambers, must be created by the Chamber of Deputies and the Federal Senate, either jointly or separately, upon the request of one-third of its members, to investigate certain facts for a determined period of time. If appropriate, their conclusions must be forwarded to the Public Prosecutor’s Office (Ministério Público (external link)) to determine whether to pursue civil or criminal liability of the offenders.[22]

During the recess period, the National Congress must be represented by a committee elected by its two Chambers at the last ordinary session of the legislative term, with powers defined in common bylaws, and whose composition must reflect the proportional representation of the political parties to the extent possible.[23]

Chamber of Deputies (external link)[24]and Federal Deputies (external link)[25]

Internal Rule (external link)[26]

The Internal Rule of the House of Representatives was designed to adjust the operation of the legislative house to the legislative process provided for in the Constitution, and has the power of an ordinary law.[27]

Bills of Law and Other Proposals (external link)[28]

The Chamber of Deputies is composed of representatives of the people, elected in each state, territory, and the Federal District by a proportional system.[29]  The total number of Deputies, as well as the representation of each state and the Federal District, must be established by a supplemental law (external link)[30]in proportion to the population.[31]  The necessary adjustments must be made in the year prior to the elections, so that none of the units of the Federation has fewer than eight or more than seventy Deputies.[32]  Each territory must elect four Deputies.[33]

Except where there is a constitutional provision to the contrary, the decisions of each Chamber and its committees must be made by a majority vote whenever an absolute majority of its members is present.[34]

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Powers

The Chamber of Deputies has exclusive power to:[35]

  1. authorize, by two-thirds of its members, the initiation of legal charges against the President and Vice-President of the Republic and the Ministers of State;
  2. proceed to take the accounts of the President of the Republic, when they are not submitted to the National Congress within sixty days after the start of the legislative session;
  3. draft its internal rules;
  4. provide for its organization, operation, and police; the creation, transformation, or termination of offices, jobs, and positions in its services; and the initiation of bills of law setting its respective remuneration, observing the parameters established in the law of budgetary directives;
  5. elect members of the Council of the Republic, according to the terms set out in article 89(VII) of the Constitution.

Federal Senate (external link)[36]and Senators (external link)[37] (arts. 46, 47, 52, 53, 54, 55, 56)

Internal Rule (external link)[38]

The Federal Senate, the House of Representatives, and the National Congress have their own regulation that defines the routines and procedures to be adopted during the voting process.  This regulation, called the Internal Rule (Regimento Interno), governs the creation and presentation of bills of law, the routine for the processing of bills and their discussion, deliberations or votes, sanction or veto, enactment, and the publication of a new law.[39]

Bills of Law and Other Proposals (external link)[40]

The Federal Senate is composed of representatives of the states and the Federal District, elected by majority vote.[41]  Each state and the Federal District must elect three Senators for eight-year terms.[42]  The representation of each State and the Federal District must be renewed every four years, alternately reelecting one-third and two-thirds.[43]  Each Senator must be elected along with two alternates.[44]

Powers

The Federal Senate has exclusive power to:[45]

  1. try for impeachable offenses the President and the Vice-President of the Republic;Ministers of the Union; and the Commanders of the Navy, Army, and Air Force;
  2. try the offenses (crimes de responsabilidade) of the Ministers of the Federal Supreme Court, members of the National Council of Justice and the National Council of the Public Prosecutor’s Office, the Attorney-General of the Republic (Procurador-Geral da República (external link)),[46] and the Attorney-General of the Union (Advogado-Geral da União (external link));[47]
  3. give its prior approval, by secret ballot after a public hearing, on the selection of:
    1. judges, in cases established in the Constitution;
    2. Ministers of the Audit Tribunal of the Union nominated by the President of the Republic;
    3. Governors of the territories;
    4. the president and directors of the Central Bank;
    5. the Attorney-General of the Republic; and
    6. holders of other offices, as determined by law;
  4. give its prior approval, by secret ballot, after closed hearing, on the selection of the heads of permanent diplomatic missions;
  5. authorize foreign financial transactions of interest to the Union, states, Federal District, territories, and counties;
  6. establish, as proposed by the President of the Republic, global limits for the amount of the public debt of the Union, states, Federal District, and counties;
  7. provide for global limits and conditions for the foreign and domestic credit transactions of the Union, states, Federal District, and counties, their autarchies, and other entities controlled by the Union;
  8. provide for limits and conditions on the concession of the Union’s guarantee of foreign and domestic credit transactions;
  9. establish global limits and conditions for the amount of the debt of the states, Federal District, and counties evidenced by bonds or other securities;
  10. suspend enforcement, in whole or in part, of laws declared unconstitutional by final decision of the Supreme Federal Tribunal;
  11. approve, by absolute majority and secret ballot, removal from office of the Attorney-General of the Republic before the end of his or her term of office;
  12. draft its internal rules;
  13. provide for its organization, operation, and police; the creation, transformation, or abolition of offices, jobs, and positions in its services; and the initiation of laws setting its respective remuneration, observing the parameters established in the law of budgetary directives;
  14. elect the members of the Council of the Republic pursuant to article 89(VI); and
  15. periodically evaluate the functioning of the structure and components of the National Tax System (Sistema Tributário Nacional),[48] and the performance of the tax administrations of the Union, states, Federal District, and counties.

In those cases provided for in subsections I and II of article 52 of the Constitution (above) concerning the Federal Senate’s exclusive powers, the President of the Federal Supreme Court must preside at the trial, a conviction may only be rendered by a two-thirds vote of the Federal Senate, and the penalty imposed must be limited to loss of office, with disqualification to hold any public office for a period of eight years, without prejudice to any other judicial sanctions that may be applicable.[49]

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Elections

Generally

The President and the Vice-President of the Republic must be elected simultaneously on the first Sunday of October for the first round, and on the last Sunday of October if there is a second round, of the year prior to the termination of the term of office of the current president.

The Electoral Code[50] determines that the election for federal deputies, senators and alternates, president and vice-president, governors, lieutenant-governors, and state deputies will happen simultaneously throughout the country.[51] Only candidates registered by political parties can participate in elections.[52]  No registration will be admitted after a period of six months prior to the election.[53]

The election of State Governors and Lieutenant-Governors for a term of four years must be held on the first Sunday of October for the first round, and on the last Sunday of October if there is a second round, of the year before the end of their predecessors’ mandates, and they must take office on January 1st of the subsequent year, observing the provisions of article 77 of the Constitution.[54]

Counties must be governed by an organic law, voted in two rounds with a minimum interval of ten days between each, and approved by two-thirds of the members of the county legislature, which must promulgate it, observing the principles established in the Brazilian Federal Constitution, the respective State Constitution, and the following precepts:[55]

  1. election of the Mayor, Vice-Mayor, and Councilmen, is for a term of office of four years, through direct and simultaneous elections held throughout the entire country;
  2. election of the Mayor and Vice-Mayor must be held on the first Sunday of October of the year prior to the termination of their predecessors’ mandates, applying the provisions of article 77 to counties with more than 200,000voters; and
  3. the Mayor and Vice-Mayor must take office on January 1st of the year subsequent to the election.

Article 29(IV) of the Constitution defines the number of Councilmen, which must be proportionate to the population of the municipality.

Political Rights: Voting

Popular sovereignty shall be exercised by universal suffrage, and by direct and secret vote, with equal value for all (one man, one vote), and, as provided by law, by:[56]

  1. plebiscite;
  2. referendum; or
  3. popular initiative.

Voter registration and voting are:[57]

  1. compulsory for persons over eighteen years of age; and
  2. optional for:
    1. illiterate persons;
    2. persons over seventy years of age; and
    3. persons over sixteen and under eighteen years of age.

The legal conditions for eligibility to vote are:[58]

  1. Brazilian nationality;
  2. full exercise of political rights;
  3. voter registration;
  4. electoral domicile in the district;
  5. party affiliation; and
  6. a minimum age of:
    1. thirty-five years for President and Vice-President of the Republic, and Senator;
    2. thirty years for Governor and Lieutenant-Governor of a state and the Federal District;
    3. twenty-one years for Federal, State, or a District Representative, Mayor, Vice-Mayor, and Justice of the Peace; and
    4. eighteen years for councilman.

Foreigners and conscripts serving their period of compulsory military service may not register to vote.[59]  Illiterate persons are likewise ineligible.[60]

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Political Rights: Seeking Public Office

The President of the Republic, Governors of the states and the Federal District, Mayors, and those that have succeeded or replaced them in the course of their mandates may be reelected for a single subsequent term.[61]  In order to run for other offices, the President of the Republic, Governors of states and the Federal District, and Mayors must resign from their respective offices at least six months prior to the election.[62]

Spouses and relatives by blood or marriage up to the second degree, or by adoption, of the President of the Republic; the Governor of a state, territory, or the Federal District; or a Mayor, or those replacing them during the six months preceding the election, are ineligible to run for office in the jurisdictional territory of the incumbent, unless they already hold elective office and are candidates for reelection.[63]  A member of the armed forces who can register to vote is only eligible to seek public office under the following conditions:[64]

  1. if he has served for less than ten years, he must take leave from military activities;
  2. if he has served for more than ten years, he shall be discharged from military duties by his superiors and, if elected, shall be automatically retired upon taking office.

A supplemental law (external link)[65] establishes other cases  of ineligibility and periods for which it shall remain in force, in order to protect administrative probity, morality for the exercise of the mandate (considering the past life of the candidate), and the normality and legitimacy of elections from the influence of economic power or abuse from holding an office, position, or job in the direct or indirect administration.[66]

Elective mandates may be challenged in the Electoral Courts within a period of fifteen days after certification of an election, with supporting evidence of abuse of economic power, corruption, or fraud.[67]  A suit challenging a mandate must be processed in closed proceedings (segredo de justiça), and the plaintiff must be held liable, as provided by law, if the suit lacks cause or is proposed in bad faith.[68]

Deprivation of political rights is forbidden; the loss or suspension of such rights may occur only in cases of:[69]

  1. cancellation of naturalization by a final, non-appealable judgment;
  2. absolute civil incapacity;
  3. a final, non-appealable criminal conviction, for so long as its effects remain in force;
  4. refusal to comply with an obligation imposed upon everyone or to perform alternative service, in accordance with article 5(VIII) of the Constitution; and
  5. administrative impropriety, in accordance with article 37(§4) of the Constitution.

A law altering the electoral process must enter into force on its publication date and must not apply to elections that occur within one year from the date it enters into force.[70]

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The Legislative Process

Generally

The legislative process is initiated with the proposal of an ordinary or supplemental law (a bill of law) by any member or committee of the Chamber of Deputies, Federal Senate, or National Congress; the President of the Republic; the Federal Supreme Court and Higher Federal Courts; the Attorney General of the Republic; or by any ordinary citizen in the manner and cases provided for in the Constitution of October 5, 1988.[71

A bill approved by one Chamber must be reviewed by the other in a single round of discussion and voting.[72]  If the reviewing Chamber approves the bill, it must be sent for enactment or promulgation, or if it is rejected, it must be archived.[73]  If a bill is amended, it must return to the Chamber that initiated it.[74]

After being approved by the reviewing house, a bill is then sent to the President for final approval or veto.[75] If approved by the President, it becomes law forty-five days after its publication in the Official Gazette (Diário Oficial),[76] or within the period of time established in the bill. 

The President can veto a bill of law in whole or in part if he/she considers it unconstitutional or contrary to the public interest.[77] The veto must occur within fifteen working days, counted from the date of receipt, and the President must inform the President of the Senate of the reasons for his/her veto within forty-eight hours.[78]  After a period of fifteen days has elapsed, silence on the part of the President of the Republic operates as an approval.[79]

A presidential veto is examined in a joint session, within thirty days counted from the date of receipt, and may be rejected only by the absolute majority of the Deputies and Senators through secret voting.[80]  If the veto is not upheld, the bill is sent to the President for promulgation.[81]

If the period established in article 66, Section 4 lapses without a vote, the veto shall be placed on the order of the day for the immediate session, suspending all other proposals, until its final vote.[82]  If the law is not promulgated by the President of the Republic within forty-eight hours in the situations set out in article 66, Sections 3 and 5, the President of the Senate shall promulgate it, and if he does not do so within the same period, it shall be incumbent upon the Vice-President of the Senate to do so.[83]

The matter in a rejected bill of law may only be the subject of a new bill during the same legislative session upon proposal of the absolute majority of the members of either house of the National Congress.[84]

Amendments to the Constitution

Constitutional amendments may be proposed by:[85]

  1. at least one-third of the members of the Chamber of Deputies or the Federal Senate;
  2. the President of the Republic; and
  3. more than one-half of the Legislative Assemblies of the Federation, each manifesting its decision by a simple majority of its members.

The Constitution cannot be amended during a federal intervention, a state of defense, or a state of siege.[86] A proposed amendment must be debated and voted on in each Chamber of the National Congress in two rounds, and must be considered approved if it obtains three-fifths of the votes of the respective members in both rounds.[87]  A constitutional amendment must be promulgated by the Executive Committees of the Chamber of Deputies and Federal Senate, taking the next sequential number.[88]

No proposed constitutional amendment may be considered that is aimed at abolishing:[89]

  1. the federalist form of the National Government;
  2. direct, secret, universal, and periodic suffrage;
  3. separation of powers; or
  4. individual rights and guarantees.

The subject of a defeated or prejudiced proposal for a constitutional amendment may not be made the subject of another proposed amendment in the same legislative session.[90]

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Ordinary and Supplementary Laws

Any member or committee of the Chamber of Deputies, the Federal Senate, or National Congress; the President of the Republic; the Federal Supreme Court or the Superior Tribunals; the Attorney General; or any ordinary citizen, is competent to initiate a supplementary or ordinary law.[91]

Provisional Measures

In relevant and urgent cases, the President of the Republic may adopt provisional measures that have the force of law.  Such measures must be submitted immediately to the National Congress.[92]

Provisional measures may not be enacted on matters:[93]

  1. with respect to:
    1. nationality, citizenship, political rights, political parties and electoral law;
    2. criminal law, criminal procedure and civil procedure;
    3. organization of the Judiciary and the Public Prosecutor’s Office, as well as the careers and guarantees of their members; and
    4. multi-year plans, budgetary directives, the budget, and additional and supplementary credits, except as provided for in article 167(§3) of the Constitution;
  2. that deal with the detention or sequestration of property, popular savings, or any other financial assets;
  3. that are reserved for supplementary law; and
  4. that have already been regulated in a bill approved by the National Congress that is awaiting approval or veto of the President of the Republic.

Except as provided for in Sections 11 and 12 of article 62 of the Constitution, provisional measures lose their effectiveness as of the day of their issuance if they are not converted into law within a period of sixty days, which may be extended once under the terms of Section 7 of article 62 of the Constitution for an equal period of time.[94]  It is the responsibility of the National Congress to regulate, by legislative decree, the legal relations stemming from such measures.[95]  The sixty-day period referred to in Section 3 of article 62 of the Constitution starts to run from the publication of the provisional measure.[96] The running of this period is suspended during the periods in which the National Congress is in recess.[97]

In addition, a provisional measure that involves the institution of or an increase in taxes, except as provided for in articles 153(I), (II), (IV), (V), and 154(II) of the Constitution, may only produce effects in the following fiscal year if it has been converted into law by the last day of the fiscal year in which it was issued.[98]

The deliberation of each of the Houses of the National Congress on the merits of a provisional measure is contingent upon a prior judgment as to the measure’s compliance with constitutional requirements.[99]

If a provisional measure has not been considered within forty-five days, counting from its publication date, the provisional measure enters into a “regime of urgency.”  Subsequently, in each of the Houses of the National Congress, all other legislative deliberations of the House to which it was presented must be suspended until it is finally voted upon.[100]

The effectiveness of a provisional measure may be extended once for sixty days, if during the sixty-day period counting from its publication date it has not been submitted to a final vote in the two Houses of the National Congress.[101]  Provisional measures must be voted on first in the Chamber of Deputies.[102]

A mixed commission of Deputies and Senators has the duty to examine provisional measures and to issue an opinion about them, prior to their consideration in separate sessions by the full membership of each House of the National Congress.[103]

Reenactment, in the same legislative session, of a provisional measure that has been rejected or that has lost its efficacy by the running of time is forbidden.[104]

If the legislative decree referred to in Section 3 of article 62 of the Constitution regarding the legal relations stemming from provisional measures that have lost their efficacy is not issued within sixty days after rejection or loss of efficacy of a provisional measure, the legal relations constituted under it or stemming from acts practiced during the time it was in effect must remain in effect and must be governed by these measures.[105]

If a bill to convert or modify the original text of a provisional measure has been approved, the provisional measure must be maintained in force in their entirety until the bill is signed or vetoed.[106]

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Prepared by Eduardo Soares
Senior Foreign Law Specialist
December 2010

  1. CONSTITUIÇÃO DA REPÚBLICA FEDERATIVA DO BRASIL [C.F.], promulgada em 5 de Outubro de 1988, art. 1, http://www.planalto.gov.br/ccivil_03/Constituicao/Constituiçao.htm. [Back to Text]
  2. Id. art. 1(Sole para.) [Back to Text]
  3. Id. art. 2. [Back to Text]
  4. Id. art. 44. [Back to Text]
  5. Id. art. 59. [Back to Text]
  6. Id. [Back to Text]
  7. Id. art. 48. [Back to Text]
  8. See id. arts. 127, 128, 129, 130. [Back to Text]
  9. Id. arts. 133, 134. [Back to Text]
  10. Id. art. 49. [Back to Text]
  11. Direct administration is considered to be the body of public administrative services exercised directly by the government (federal, state and municipal) through government organs, like ministries and secretaries, which are integrated into the structure of the executive branch. Indirect administration is the body of acts and services rendered by administrative agencies (autarquias) or public entities created by law, decentralized, in the exercise of their own activities or government functions, through delegation of the government. MARIA HELENA DINIZ, 1 DICIONÁRIO JURÍDICO 123, 124 (São Paulo, SP: Editora Saraiva, 2005). [Back to Text]
  12. See C.F. arts. 71, 72, 73, 74. [Back to Text]
  13. Id. art. 57. [Back to Text]
  14. Id. art. 57(§1). [Back to Text]
  15. Id. art. 57(§3). [Back to Text]
  16. Id. art. 57(§4). [Back to Text]
  17. Id. art. 57(§5). [Back to Text]
  18. Id. art. 47. [Back to Text]
  19. Id. art. 58. [Back to Text]
  20. Id. art. 58(§1). [Back to Text]
  21. Id. art. 58(§2).[Back to Text]
  22. Id. art. 58(§3).[Back to Text]
  23. Id. art. 58(§4).[Back to Text]
  24. CÂMARA DOS DEPUTADOS, http://www2.camara.gov.br/ (last visited Nov. 12, 2010). [Back to Text]
  25. DEPUTADOS FEDERAIS, http://www2.camara.gov.br/deputados/pesquisa (last visited Nov. 12, 2010). [Back to Text]
  26. Regimento Interno da Câmara dos Deputados, CÂMARA DOS DEPUTADOS, http://www2.camara.gov.br/ atividade-legislativa/legislacao/Constituicoes_Brasileiras/regimento-interno-da-camara-dos-deputados (last visited Nov. 12, 2010). [Back to Text]
  27. CÂMARA DOS DEPUTADOS, http://www2.camara.gov.br/glossario/r.html. [Back to Text]
  28. Projetos de Lei e Outras Proposições, CÂMARA DOS DEPUTADOS, http://www.camara.gov.br/sileg/default.asp (last visited Nov. 12, 2010). [Back to Text]
  29. C.F. art. 45.[Back to Text]
  30. Lei Complementar No. 78 de 30 de Dezembro de 1993, http://www.planalto.gov.br/ccivil_03/Leis/LCP/Lcp78.htm (last visited Nov. 12, 2010) (regulates article 45(§1) of the Constitution regarding the number of federal deputies). [Back to Text]
  31. C.F. art. 45(§1). [Back to Text]
  32. Id. [Back to Text]
  33. Id. art. 45(§2). [Back to Text]
  34. Id. art. 47. [Back to Text]
  35. Id. art. 51. [Back to Text]
  36. SENADO FEDERAL, http://www.senado.gov.br/ (last visited Nov. 12, 2010). [Back to Text]
  37. Senadoras e Senadores, SENADO FEDERAL, http://www.senado.gov.br/senadores/ (last visited Nov. 12, 2010). [Back to Text]
  38. Regimento Interno do Senado Federal, SENADO FEDERAL, http://www.senado.gov.br/legislacao/regsf/ (last visited Nov. 12, 2010). [Back to Text]
  39. SENADO FEDERAL, http://umapiruetaduaspiruetas.wordpress.com/brasil/perguntas-e-respostas-%E2%80%93-senado%C2%A0federal/ (last visited Nov. 12, 2010). [Back to Text]
  40. Atividade Legislativa, SENADO FEDERAL, http://www.senado.gov.br/atividade/ (last visited Nov. 12, 2010). [Back to Text]
  41. C.F. art. 46. [Back to Text]
  42. Id. art. 46(§1). [Back to Text]
  43. Id. art. 46(§2). [Back to Text]
  44. Id. art. 46(§3). [Back to Text]
  45. Id. art. 52. [Back to Text]
  46. The Attorney General of the Republic is the head of the Public Prosecutor’s Office and the Federal Prosecutor’s Office, in addition to acting as Electoral Solicitor General (Procurador-Geral Eleitoral).  He is chosen and appointed by the President, and his name must be approved by an absolute majority of the Federal Senate.  Atribuições do procurador-geral da República, Ministério Público Federal, http://www.pgr.mpf.gov. br/conheca-o-mpf/procurador-geral-da-republica (last visited Nov. 12, 2010). [Back to Text]
  47. The Attorney General of the Union (AGU) is the highest advisory body to the executive branch and provides the legal representation of the Union before the Federal Supreme Court. It is subordinated to the direct, personal and immediate supervision of the President.  The Attorney General of the Union is appointed from among citizens over thirty-five years of age who have outstanding legal knowledge and an unblemished reputation.  Advogado-Geral da União, http://www.agu.gov.br/sistemas/site/PaginasInternas/Institucional/agu.aspx (last visited Nov. 12, 2010). [Back to Text]
  48. Law No. 5,172 provides for the national tax system and general tax rules applicable to the Union, states, and municipalities.  Lei No. 5.172 de 25 de Outubro de 1966, http://www.planalto.gov.br/ccivil_03/Leis/ L5172Compilado.htm. [Back to Text]
  49. C.F. art. 52(Sole para.). [Back to Text]
  50. Lei No. 4.737, de 15 de Julho de 1965, http://www.planalto.gov.br/ccivil_03/Leis/L4737compilado.htm. [Back to Text]
  51. Id. art. 85. [Back to Text]
  52. Id. art. 87. [Back to Text]
  53. Id. art. art. 87(Sole para.). [Back to Text]
  54. C.F. art. 28. [Back to Text]
  55. Id. art. 29. [Back to Text]
  56. Id. art. 14. [Back to Text]
  57. Id. art. 14(§1). [Back to Text]
  58. Id. art. 14(§3). [Back to Text]
  59. Id. art. 14(§2). [Back to Text]
  60. Id. art. 14(§4). [Back to Text]
  61. Id. art. 14(§5). [Back to Text]
  62. Id. art. 14(§6). [Back to Text]
  63. Id. art. 14(§7). [Back to Text]
  64. Id. art. 14(§8). [Back to Text]
  65. Pursuant to article 14(§9) of the Constitution, Supplemental Law No. 64 was enacted to establish the cases of ineligibility, periods for termination, and other provisions. Lei Complementar No. 64, de 18 de Maio de 1990, http://www.planalto.gov.br/ccivil_03/Leis/LCP/Lcp64.htm. [Back to Text]
  66. C.F. art. 14(§9). [Back to Text]
  67. Id. art. 14(§10). [Back to Text]
  68. Id. art. 14(§11). [Back to Text]
  69. Id. art. 15. [Back to Text]
  70. Id. art. 16. [Back to Text]
  71. Id. art. 61. [Back to Text]
  72. Id. art. 65. [Back to Text]
  73. Id. [Back to Text]
  74. Id. art. 65(Sole para.). [Back to Text]
  75. Id. art. 66. [Back to Text]
  76. Decreto-Lei No. 4.657, de 4 de Setembro de 1942, art. 1, http://www.planalto.gov.br/ccivil_03/Decreto-Lei/Del4657.htm. [Back to Text]
  77. C.F. art. 66(§1). [Back to Text]
  78. Id. [Back to Text]
  79. Id. art. 66(§3). [Back to Text]
  80. Id. art. 66(§4). [Back to Text]
  81. Id. art. 66(§5). [Back to Text]
  82. Id. art. 66(§6). [Back to Text]
  83. Id. art. 66(§7). [Back to Text]
  84. Id. art. 67. [Back to Text]
  85. Id. art. 60. [Back to Text]
  86. Id. art. 60(§1). [Back to Text]
  87. Id. art. 60(§2).  [Back to Text]
  88. Id. art. 60(§3). [Back to Text]
  89. Id. 60(§4). [Back to Text]
  90. Id. art. 60(§5). [Back to Text]
  91. Id. art. 61. [Back to Text]
  92. Id. art. 62. [Back to Text]
  93. Id. art. 62(§1). [Back to Text]
  94. Id. art. 62(§3). [Back to Text]
  95. Id. [Back to Text]
  96. Id. art. 62(§4). [Back to Text]
  97. Id. [Back to Text]
  98. Id. art. 62(§2). [Back to Text]
  99. Id. art. 62(§5). [Back to Text]
  100. Id. art. 62(§6). [Back to Text]
  101. Id. art. 62(§7). [Back to Text]
  102. Id. art. 62(§8). [Back to Text]
  103. Id. art. 62(§9). [Back to Text]
  104. Id. art. 62(§10). [Back to Text]
  105. Id. art. 62(§11). [Back to Text]
  106. Id. art. 62(§12). [Back to Text]

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Last Updated: 03/07/2014