- •Constitution of the federative republic of brazil, 1988
- •Preamble
- •Title I. Fundamental principles
- •Chapter I - individual and collective rights and duties
- •Chapter II - social rights
- •Chapter III - nationality
- •Chapter IV - political rights
- •Chapter V - political parties
- •Title III. The organization of the state chapter I. The political and administrative organization
- •Chapter II. The union
- •Chapter III. The federated states
- •Chapter IV. The municipalities
- •Chapter V - the federal district and the territories section I - the federal district
- •Section II - the territories
- •Chapter VI - intervention
- •Chapter VII. Public administration section I - general provisions
- •Section II - civil servants
- •Section III - the military of the states, of the federal district and of the territories
- •Section IV - the regions
- •Title IV- the organization of the powers chapter I - the legislative power section I - the national congress
- •Section II - powers of the national congress
- •Section III - the chamber of deputies
- •Section IV - the federal senate
- •Section V - deputies and senators
- •Section VI - the sessions
- •Section VII - the committees
- •Section VIII - the legislative process subsection I - general provision
- •Subsection II - amendments to the constitution
- •Subsection III - the laws
- •Section IX - accounting, financial and budgetary control
- •Chapter II - the executive power section I - the president and the vice president of the republic
- •Section II - duties of the president of the republic
- •Section III - liability of the president of the republic
- •Section IV - the ministers of state
- •Section V - the council of the republic and the national defense council subsection I - the council of the republic
- •Subsection II - the national defense council
- •Title V - the defense of the state and of the democratic institutions chapter I - the state of defense and the state of siege section I - the state of defense
- •Section II - the state of siege
- •Section III - general provisions
- •Chapter II - the armed forces
- •Chapter III - public security
- •Title VI - taxation and budget chapter I - the national tax system section I - general principles
- •Section II - limitations on the power to tax
- •Section III - federal taxes
- •Section IV - state and federal district taxes
- •Section V - municipal taxes
- •Section VI - tax revenue sharing
- •Chapter II - public finances section I - general rules
- •Section II - budgets
- •Title VII - the economic and financial order chapter I - the general principles of the economic activity
- •Chapter II - urban policy
- •Chapter III - agricultural and land policy and agrarian reform
- •Chapter IV - the national financial system
- •Section II - health
- •Section III - social security
- •Section IV - social assistance
- •Chapter III - education. Culture and sports section I - education
- •Section II - culture
- •Section III - sports
- •Chapter IV - science and technology
- •Chapter V - social communication
- •Chapter VI - environment
- •Chapter VII - family, children, adolescents and the elderly
- •Chapter VIII - indians
- •Title IX - general constitutional provisions
- •Temporary constitutional provisions act
- •Brazil Constitution 1988: translated, updated and commented
Chapter II - the armed forces
Article 142. The Armed Forces, comprised of the Navy, the Army and the Air Force, are permanent and regular national institutions, organized on the basis of hierarchy and discipline, under the supreme authority of the President of the Republic, and are intended for the defense of the Country, for the guarantee of the constitutional powers, and, on the initiative of any of these, of law and order. Paragraph 1 - A supplementary law shall establish the general rules to be adopted in the organization, training and use of the Armed Forces. Paragraph 2 - Habeas-corpus shall not apply to military disciplinary punishments.
The entire Paragraph 3 was added by CA 18, February 5th 1998. This CA instituted the constitutional regime of the militaries. Before the CA, the references to the militaries were, in most cases, aglutinated with the references to the civil servants.
Paragraph 3 - The members of the Armed Forces are called military, and the following provisions apply to them, in addition to other provisions that the law may establish: I - the ranks, with the prerogatives, rights and duties inherent to them, are awarded by the President of the Republic and are guaranteed in full to officers in active service, those of the reserve or in retirement, and such officers have exclusive rights to military titles and posts, and together with the other members, to the use of the uniforms of the Armed Forces; II - a military in active service who takes office in a permanent civil public position or job shall be transferred to the reserve, under the terms of the law; III - a military in active service who, under the terms of the law, takes office in a non-elective, temporary civil public position, job or function, even if in the indirect administration, shall be put on leave and, as long as he remains in this situation he may only be promoted by seniority, and his period of service shall be counted only for that promotion and for transfer to the reserve, and after two years, whether continuous or not, away from active service, he shall be transferred to the reserve, under the terms of the law; IV - the military are forbidden to join unions and to strike; V - while in actual service, the military are forbidden to belong to political parties; VI - an officer shall only lose his post and rank if he is judged unworthy of or incompatible with the dignity of officership by decision of a permanent military court, in times of peace, or of a special court, in times of war; VII - an officer sentenced in a common or military court by means of an unappealable judgment to imprisonment for more than two years shall be submitted to trial as provided in the preceding item; VIII - the provisions of article 7, items VIII, XII, XVII, XVIII, XIX, and XXV, and of article 37, items XI, XIII, XIV and XV, apply to the military; IX - the provisions of article 40, paragraphs 4, 5, and 6 apply to the military and their pensioners; X - the law shall provide for admission to the Armed Forces, age limits, tenure, and other conditions for a military to be retired, the rights, duties, remuneration, prerogatives and other circumstances which are specific to the military, the special characteristics of their activities being taken into account, including those carried our by virtue of international agreements and of war.
Article 143. Military service is compulsory as set forth by law. Paragraph 1 - It is within the competence of the Armed Forces, according to the law, to assign an alternative service to those who, in times of peace, after being enlisted, claim imperative of conscience, which shall be understood as originating in religious creed and philosophical or political belief, for exemption from essentially military activities. Paragraph 2 - Women and clergymen are exempt from compulsory military service in times of peace, but are subject to other duties assigned to them by law.