Rosenn Translated by Keith S. Rosenn PREAMBLE We the representatives of the Brazilian People, convened the National Constituent Assembly, to institute a democratic state destined to ensure the exercise of social and individual rights, liberty, security, well-being, development, equality and justice as supreme values of a fraternal, pluralist and unprejudiced society, founded on social harmony and committed, in the domestic and international orders, to the peaceful solution of disputes, promulgate, under the protection of God, the following CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL. FUNDAMENTAL PRINCIPLES ART 1 The Federative Republic of Brazil, formed by the indissoluble union of States and Counties (municípios), as well as the Federal District, is a Democratic State of Law founded upon: 1.social values of work and free initiative; 5. SOLE PARAGRAPH All power emanates from the people, who exercise it through elected representatives or directly, according to this Constitution.
ART 2 The branches of the Union are the Legislative, the Executive and the Judiciary, which are independent and harmonious with each other. ART 3 The fundamental objectives of the Federative Republic of Brazil are: 1.to build a free, just and unified society; 2.to guarantee national development; 3.to eradicate poverty and substandard living conditions and to reduce social and regional inequalities; 4.to promote the well-being of all, without prejudice as to origin, race, sex, color, age and any other forms of discrimination. ART 4 The international relations of the Federative Republic of Brazil are governed by the following principles: 1.prevalence of human rights; 3.self-determination of peoples; 4.equality among States; 6.defense of peace; 7.peaceful solution of conflicts; 8.repudiation of terrorism and racism; 9.cooperation among people for the progress of humanity; 10.concession of political asylum. SOLE PARAGRAPH The Federative Republic of Brazil shall seek the economic, political, social and cultural integration of the people of Latin America, with a view toward forming a Latin-American community of nations.
FUNDAMENTAL RIGHTS AND GUARANTEES CHAPTER I. INDIVIDUAL AND COLLECTIVE RIGHTS AND DUTIES ART 5 Everyone is equal before the law, with no distinction whatsoever, guaranteeing to Brazilians and foreigners residing in the Country the inviolability of the rights to life, liberty, equality, security and property, on the following terms: 1.men and women have equal rights and duties under the terms of this Constitution; 2.no one shall be compelled to do or refrain from doing something except by force of law; 3.no one shall be submitted to torture or to inhuman or degrading treatment; 4.manifestation of thought is free, but anonymity is forbidden; 5.the right of reply is assured, in proportion to the offense, as well as compensation for pecuniary or moral damages or damages to reputation; 6.freedom of conscience and belief is inviolable, assuring free exercise of religious beliefs and guaranteeing, as set forth in law, protection of places of worship and their rites; 7.providing religious assistance at civilian and military establishments for collective confinement is assured, as provided by law; 8.no one shall be deprived of any rights because of religious beliefs or philosophical or political convictions, unless invoked in order to be exempted from a legal obligation imposed upon all by one refusing to perform an alternative service established by law; 9.expression of intellectual, artistic, scientific, and communication activity is free, independent of any censorship or license; 10.personal intimacy, private life, honor and reputation are inviolable, guaranteeing the right to compensation for pecuniary or moral damages resulting from the violation thereof; 11.the home is the individual's inviolable asylum, and no one may enter it without the dweller's consent, except in cases of flagrante delicto, disaster or rescue, or, during the day, with a court order; 12.secrecy of correspondence and of telegraphic, data and telephonic communications is inviolable, except, in the latter case, by court order, in the situations and manner established by law for purposes of criminal investigation or the fact-finding phase of a criminal prosecution; 13.exercise of any job, trade or profession is free, observing the professional qualifications that the law establishes; 14.access to information is assured to everyone, protecting the confidentiality of sources when necessary for professional activity; 15.movement within the national territory is free in peacetime, and any person may, as provided by law, enter, remain or leave with his or her assets; 16.all persons may hold peaceful meetings, without weapons, in places open to the public, without need for authorization, so long as they do not interfere with another meeting previously called for the same place, subject only to prior notice to the proper authority; 17.there is total freedom of association for lawful purposes, but any paramilitary association is prohibited; 18.creation of associations and, as set forth in law, of cooperatives, requires no authorization, prohibiting state interference in their operations; 19.associations may be compulsorily dissolved or their activities suspended only by a judicial decision, which in the former case must be a final and unappealable decision (trânsito em julgado); 20.no one can be compelled to join an association or to remain in one; 21.when expressly authorized, associations have standing to represent their members judicially and extrajudicially; 22.the right of property is guaranteed; 23.property shall comply with its social function; 24.the law shall establish procedures for expropriation for public necessity or use, or for social interest, upon just and prior compensation in cash, with the exception of cases provided for in this Constitution; 25.in the event of imminent public danger, the proper authority may use private property, assuring the owner subsequent compensation in case of damage; 26.small rural property, as defined by law, whenever worked by a family, shall not be subject to attachment for payment of debts stemming from its productive activities, and the law shall provide for ways to finance its development; 27.authors own the exclusive rights to use, publish or reproduce their own works, and such rights may be transmitted to their heirs for a period fixed by law; 28.the following are assured, as provided by law: 1.protection of individual participation in collective works and reproduction of human voices and images, including in sports activities; 2.the right of creators, performers and their respective syndicates and associations to monitor the economic utilization of works that they create or in which they participate; 29.the law shall assure inventors of industrial inventions a temporary privilege for their use, as well as the protection of industrial creations, the ownership of trademarks, company names and other distinctive signs, taking into account social interests and the technological and economic development of the Country; 30.the right of inheritance is guaranteed; 31.inheritance of foreigners' assets located in the Country shall be governed by Brazilian law, for the benefit of the Brazilian spouse or children, whenever the personal law of the deceased is not more favorable to them; 32.the State shall provide for consumer protection, in accordance with the law; 33.all persons have the right to receive from public agencies information in their private interest or of collective or general interest; such information shall be furnished within the period established by law, under penalty of liability, except for information whose secrecy is essential to the security of society and of the National Government; 34.all persons are guaranteed, without the payment of fees: 1.the right to petition public authorities in defense of rights or against illegality or abuse of power; 2.obtaining certificates from government offices for defense of rights and clarification of situations of personal interest; 35.the law may not exclude from review by the Judiciary any injury or threat to a right; 36.no law may impair a vested right, a perfected juristic act or res judicata; 37.there shall be no exceptional courts or tribunals; 38.the institution of the jury is recognized, with the organization given to it by law, assuring; 1.sovereignty of verdicts; 4.jurisdiction to judge willful crimes against life; 39.there are no crimes unless defined in prior law, nor are there any penalties unless previously imposed by law; 40.the criminal law shall not be retroactive, except to benefit the defendant; 41.the law shall punish any discrimination attacking fundamental rights and liberties; 42.the practice of racism is a non-bailable crime not subject to the statute of limitations and is punishable by imprisonment, as provided by law; 43.the law shall regard as crimes not subject to bail, clemency or amnesty, the practice of torture, illicit trafficking in narcotics and similar drugs, terrorism, and those crimes defined as heinous; liable for these crimes are those giving the commands, those executing these commands, and those who, although able to avoid the crimes, fail to do so; 44.actions of civilian or military armed groups against the constitutional order and the Democratic State are non-bailable crimes for which the statute of limitations never runs; 45.no punishment shall extend beyond the person convicted, but liability for damages and a decree of loss of assets may, as provided by law, extend to successors and be enforced against them up to the limit of the value of the assets transferred; 46.the law shall regulate individualization of punishment and shall adopt, inter alia the following: 1.deprivation or restriction of liberty; 2.loss of property; 3.alternative social service; 5.suspension or deprivation of rights; 47.there shall be no penalties: 1.of death, except in case of declared war, in the terms of art.of perpetual character; 3.of forced labor; 4.that are cruel; 48.sentences shall be served in separate establishments, according to the nature of the offense, and age and sex of the convict; 49.prisoners are assured respect for their physical and moral integrity; 50.female prisoners shall be assured conditions that allow them to remain with their children during the nursing period; 51.no Brazilian shall be extradited, except for a naturalized Brazilian for a common crime committed prior to naturalization, or proven involvement in unlawful traffic in narcotics and similar drugs, as provided by law; 52.no foreigner shall be extradited for a political or ideological offense; 53.no one shall be tried or sentenced other than by a proper authority; 54.no one shall be deprived of liberty or property without due process of law; 55.litigants in judicial or administrative proceedings and defendants in general are assured an adversary system and a full defense, with the measures and recourses inherent therein; 56.evidence obtained through unlawful means is inadmissible in proceedings; 57.no one shall be considered guilty until his criminal conviction has become final and non-appealable; 58.a civilly identified person shall not be submitted to criminal identification, except in cases provided by law; 59.private prosecution for crimes subject to public prosecution (crimes de ação pública) shall be permitted if a public prosecution is not brought within the period established by law; 60.the law may restrict publicity of procedural acts only if required to defend privacy or the social interest; 61.no one shall be arrested unless in flagrante delicto or by written and substantiated order of a competent judicial authority, except for a military offense or a specific military crime, as defined by law; 62.the arrest of any person and the place where he can be found shall be communicated immediately to the proper judge and to the arrested person's family or to a person designated by him; 63.one under arrest shall be informed of his rights, including the right to remain silent, and shall be assured assistance of his family and a lawyer; 64.one under arrest has the right to identification of those responsible for his arrest or his interrogation by police; 65.judicial authorities shall direct immediate release of those illegally arrested; 66.no one shall be taken to prison or held therein when the law permits provisional liberty, with or without bond; 67.there shall be no civil imprisonment for debt, except for a person who voluntarily and inexcusably defaults on a support obligation and for an unfaithful depository; 68.habeas corpus shall be granted whenever a person suffers or is threatened with suffering violence or coercion in his freedom of movement through illegality or abuse of power; 69.