- •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
Section III - liability of the president of the republic
Article 85. Those acts of the President of the Republic which attempt on the Federal Constitution and especially on the following, are crimes of malversation: I - the existence of the Union; II - the free exercise of the Legislative Power, the Judicial Power, the Public Prosecution and the constitutional Powers of the units of the Federation; III -the exercise of political, individual and social rights; IV - the internal security of the country; V - probity in the administration; VI - the budgetary law; VII - compliance with the laws and with court decisions. Sole paragraph. These crimes shall be defined in a special law, which shall establish the rules of procedure and trial. Article 86. If charges against the President of the Republic are accepted by two-thirds of the Chamber of Deputies, he shall be submitted to trial before the Supreme Federal Court for common criminal offenses or before the Federal Senate for crimes of malversation. Paragraph 1 - The President shall be suspended from his functions: I - in common criminal offenses, if the accusation or the complaint is received bv the Federal Supreme Court; II - in the event of crimes of malversation, after the proceeding is instituted bv the Federal Senate. Paragraph 2 - If, after a period of one hundred and eighty days, the trial has not been concluded, the suspension of the President shall cease without prejudice to the normal progress of the proceeding. Paragraph 3 - In the event of common offenses, the President of the Republic shall not be subject to arrest as long as no sentence is rendered. Paragraph 4 - During his term of office, the President of the Republic may not be held liable to acts outside the performance of his functions.
Section IV - the ministers of state
Article 87. The Ministers of State shall be chosen from among Brazilians over twenty-one years of age and in possession of their political rights. Sole paragraph - The Minister of State, in addition to other duties established in this Constitution and in the law, has the power to: I - exercise guidance, coordination and supervision of the agencies and entities of the federal administration in the area of his authority and to countersign acts and decrees signed by the President of the Republic; II - issue instructions for the enforcement of laws, decrees and regulations; III - submit to the President of the Republic an annual report on his administration of the Ministry; IV - perform the acts pertinent to the duties assigned or delegated to him by the President of the Republic. Article 88. The law shall provide for the creation and extingshment of the Ministries and bodies of the public administration.
Article 88 amended by CA 32, September 11th 2001. Original text was "The law shall provide for the creation, structuring and duties of the Ministries."
Section V - the council of the republic and the national defense council subsection I - the council of the republic
Article 89. The Council of the Republic is a higher body for consultation by the President of the Republic, and its members are: I - the Vice-President of the Republic; II - the President of the Chamber of Deputies; III - the President of the Federal Senate; IV - the majority and the minority leaders in the Chamber of Deputies; V - the majority and the minority leaders in the Federal Senate; VI - the Minister of Justice; VII - six born Brazilian citizens, with over thirty-five years of age, two of which appointed by the President of the Republic, two elected by the Federal Senate and two elected by the Chamber of Deputies, all with a term of office of three years, the re-appointment being prohibited. Article 90. The Council of the Republic has the competence to express opinion on: I - federal intervention, state of defense and state of siege; II - matters relevant to the stability of the democratic institutions. Paragraph 1. The President of the Republic may call a State Minister to participate in the Council meeting, when the agenda includes a matter related to the respective Ministry. Paragraph 2 - The organization and operation of the Council of the Republic shall be regulated by law.