Constitution of the Republic of Venezuela, 1961

==CONSTITUTION OF THEREPUBLIC OF VENEZUELA==
THE CONGRESS OF THE REPUBLIC OF VENEZUELA
having called for the vote of the Legislative Assemblies of the States of Anzoátegui, Apure, Aragua, Barinas, Bolívar, Carabobo, Cojedes, Falcón, Guárico, Lara, Mérida, Miranda, Monagas, Nueva Esparta, Portuguesa, Sucre, Táchira, Trujillo, Yaracuy, and Zulia, and in view of the favorable result of the voting,
in representation of the Venezuelan people, for whom the protection of God Omnipotent is invoked;
with the aim of maintaining the independence and territorial integrity of the Nation, strengthening its unity, ensuring the freedom, peace, and stability of its institutions;
protecting and uplifting labor, upholding human dignity, promoting the general well-being and social security; achieving an equitable participation by all in the enjoyment of wealth, according to principles of social justice, and promoting the development of the economy in the service of man;
maintaining social and legal equality, without discriminations due to race, sex, creed or social condition;
cooperating with all other nations and especially with the sister Republics of the Hemisphere, in the aims of the international community, on the basis of mutual respect for sovereignties, the self-determination of peoples, the universal guarantee of the individual and social rights of the human person, and the repudiation of war, conquest and economic predominance as instruments of international policy;
supporting the democratic order as the sole and irrenounceable means of ensuring the rights and dignity of citizens and favoring their peaceful extension to all the peoples of the earth;
and preserving and increasing the moral and historic patrimony of the Nation, forged by the people in their struggles for freedom and justice and by the thoughts and deeds of the great servants of their country, whose highest expression is Simón Bolívar, the Liberator, decrees the following
CONSTITUTION
===TITLE IThe Republic, its Territory and Political Divisions===
====Chapter IFundamental Provisions====
Article 1. The Republic of Venezuela is irrevocably and forever free and independent from any domination or protection by a foreign power.
Article 2. The Republic of Venezuela is a federal state, within the terms affirmed by this Constitution.
Article 3. The government of the Republic of Venezuela is and always shall be democratic, representative, responsible, and alternating.
Article 4. Sovereignty resides in the people, who exercise it, by means of suffrage, through the branches of the Public Power.
Article 5. The national flag, with the colors yellow, blue, and red; the national hymn "Glory to a brave people", and the coat of arms of the Republic, are the symbols of our country.
The law shall determine their characteristics and regulate their use.
Article 6. The official language is Spanish.
====Chapter IIThe Territory and Political Divisions====
Article 7. The national territory is that which belonged to the Captaincy General of Venezuela before the political transformation initiated in 1810, with the modifications resulting from treaties validly concluded by the Republic.
The sovereignty, authority and vigilance over the territorial sea, the contiguous maritime zone, the continental shelf, and the air space, as well as the ownership and exploitation of property and resources contained within them, shall be exercised to the extent and conditions determined by law.
Article 8. The national territory may never be ceded, transferred, or leased or alienated in any way, even partially or temporarily, to a foreign power.
Foreign States may acquire, within a specified area, under guarantee of reciprocity and with limitations established by law, only real property that is necessary for the seat of their diplomatic and consular representation. The acquisition of real property by international organizations may be authorized only in accordance with conditions and restrictions established by law. In al these cases sovereignty over the land is retained.
Article 9. The national territory is divided for the purposes of the political organization of the Republic into the States, the Federal District, the Federal Territories, and the Federal Dependencies.
Article 10. States may merge, alter their present boundaries, and grant compensations or cessions of territory through the agreements approved by their Legislative Assemblies and ratified by the Senate. Alternations of boundaries, compensations or cessions of territory between the Federal District or the Federal Territories or Dependencies and the States may be accomplished through agreements between the National Executive and the respective States, ratified by the corresponding Legislative Assemblies and by the Senate.
Article 11. The city of Caracas is the capital of the Republic and the permanent seat of the supreme branches of the National Power.
The provisions of this article shall not prevent the temporary exercise of the National Power in other places in the Republic.
A special law shall coordinate the different jurisdictions existing within metropolitan area of Caracas, without impairing municipal autonomy.
Article 12. The Federal District and the Federal Territories shall be organized by organic laws in which municipal autonomy shall be maintained.
Article 13. A special law may give a Federal Territory the status of a State, allotting to it all or a part of the respective Territory.
Article 14. The Federal Dependencies are those portions of the territory of the Republic not included in the States, Territories and Federal District, as well as the islands which may be formed or appear in the territorial sea or in the sea covering the continental shelf. Their system of government and administration shall be established by law.
Article 15. The law may establish a special juridical system for those territories which, by the free determination of their inhabitants and with the approval of Congress, are incorporated into the Republic.
====Chapter IIIThe States====
Article 16. The States are autonomous and equal as political entities. They are obliged to maintain the independence and integrity of the Nation; and to comply with and enforce the Constitution and the laws of the Republic.
They shall give faith and credit to the public acts issuing from the national authorities, the other States, and the Municipalities and shall see that they are executed.
Each State may preserve its present name or change it.
Article 17. The following are within the competence of each State:
1. The organization of its public powers, in conformity with this Constitution;
2. The organization of its Municipalities and other local entities and their political and territorial division, in accordance with this Constitution and the national laws.
3. The administration of its property and expenditures of the constitutional allotment and other revenues pertaining to it, subject to the provisions of Articles 229 and 235 of this Constitution;
4. The use of the public credit, subject to the limitations and requirements established by national laws;
5. The organization of the urban and rural police and determination of what branches of this service shall be within municipal jurisdiction;
6. Matters entrusted to it in accordance with Article 137;
7. Anything which, in conformity with this Constitution, does not pertain to national or municipal jurisdiction.
Article 18. The States may not:
1. Create custom houses or taxes on imports, export taxes, or taxes on transit of foreign or domestic goods, or on other revenue items under national or municipal jurisdiction;
2. Tax consumer goods before they enter into circulation within their territory;
3. Prohibit consumption of goods produced outside their territory, or tax them differently from those produced within their jurisdiction;
4. Levy taxes on livestock or on their products or by-products.
Article 19. The Legislative Power in each State is exercised by a Legislative Assembly whose members must meet the same requirements as those indicated in this Constitution to be a Deputy, and they shall be elected by direct vote with proportional representation of minorities, according to law.
The Legislative Assembly is competent to examine and control any act of the public state administration.
Members of the Legislative Assemblies shall enjoy immunity within the territory of the respective State from ten days before the beginning of sessions until ten days after their termination or after a member ceases to function. This immunity is governed by the rules of this Constitution relative to the immunity of Senators and Deputies, in so far as applicable.
Article 20. The powers of the Legislative Assembly are:
1. To legislate on matters within state competence;
2. To approve or disapprove annually the actions of the Governor, in a special session called for that purpose;
3. To sanction the Budget Law of the State;
The total expenditures authorized by the Budget Law may in no case exceed the estimate of revenues for the respective period made by the Governor in the bill submitted to the Legislative Assembly;
4. Any others attributed to it by law.
Article 21. The government and administration of each State pertains to a Governor, who in addition to being executive head of the State is the agent of the National Executive in his respective district.
To be a Governor one must be a Venezuelan by birth, over thirty years of age and a layman.
Article 22. The law may establish the manner of electing and removing Governors, in accordance with the principles set forth in Article 3 of this Constitution. The respective bill must first be introduced to the Chambers in joint session, by a vote of two thirds of their members. The respective law shall not be subject to veto by the President of the Republic. Until the law provided in this article is enacted, the Governors shall be freely appointed and removed by the President of the Republic.
Article 23. The powers and duties of a Governor are:
1. To comply with and enforce this Constitution and the laws, and to execute and see to the execution of orders and resolutions received from the National Executive;
2. To appoint and remove the officials and employees under him, if their designation is not attributed to some other authority, without prejudice to laws governing the administrative career;
3. To submit to the Legislative Assembly a report of his administration for the year immediately preceding;
4. To submit to the Legislative Assembly the bill for the Budget Law.
Article 24. Disapproval of the acts of a Governor shall mean his immediate removal in the event that the latter is expressly agreed upon by a vote of two thirds of the members of the Legislative Assembly.
====Chapter IVMunicipalities====
Article 25. The Municipalities constitute the primary and autonomous political units within the national organization. They are juridical persons and their representation shall be exercised by those agencies determined by law.
Article 26. The organization of Municipalities and other local entities shall be governed by this Constitution, by rules following constitutional principles established in national organic laws, and by legal provisions enacted by the States in conformity therewith.
Article 27. The laws may establish different systems for the organization, government, and administration of Municipalities, based on population, economic development, geographical location, and other important factors. In all cases the municipal organization must be democratic and respond to the actual nature of the local government.
Article 28. Municipalities may be grouped into Districts. Municipalities may also be constituted as joint communities (mancomunidades) for specified purposes within their competence.
Article 29. Municipal autonomy includes:
1. Election of its authorities;
2. Free action on matters within its competence;
3. The creation, collection and expenditure of its revenues;
Acts of Municipalities may not be challenged except before jurisdictional authorities, in accordance with this Constitution and the laws.
Article 30. The government and administration of interests peculiar to the entity are within municipal competence, particularly in relation to its property and revenue and matters proper to local life, such as urban development, supplies, traffic, culture, health, social assistance, public credit institutions, tourist travel, and municipal police.
The law may grant municipalities exclusive competence in specific matters and may also impose on them a compulsory minimum of services.
Article 31. Municipalities shall have the following revenues:
1. The proceeds from their communal lands (ejidos) and their own property;
2. Excise taxes from the use of their property and services;
3. Licenses on industry, commerce and vehicles, and taxes on urban real property and public entertainment;
4. Fines imposed by municipal authorities and others attributed to them by law;
5. State or national subsidies and donations;
6. Any other special taxes, excises and contributions that are imposed according to law.
Article 32. The communal lands (ejidos) are inalienable and imprescriptible. They may be alienated only for constructions in those cases established by municipal ordinances and after compliance with formalities indicated therein. Those specified by law may also be alienated for purposes of agrarian reform, but there must always be left untouched lands required for the development of urban centers.
Article 33. Municipalities may make use of public credit subject to such limitations and requirements as are imposed by law.
Article 34. Municipalities shall be subject to the limitations established in Article 18 of this Constitution and they may not impose on the products of agriculture, stock-raising, or fishing of edible animals, taxes other than those on retail trade.
===TITLE IINationality===
Article 35. The following are Venezuelans by birth:
1. Those born in the territory of the Republic;
2. Those born in foreign territory of a native-born Venezuelan father and mother;
3. Those born in foreign territory of a native-born Venezuelan father or a native-born Venezuelan mother, provided they establish their residence in the territory of the Republic or declare their intention of accepting Venezuelan nationality;
4. Those born in foreign territory of a naturalized Venezuelan father or naturalized Venezuelan mother, provided that before reaching eighteen years of age they establish their residence in the territory of the Republic and before reaching twenty-five years of age they declare their intention of accepting Venezuelan nationality.
Article 36. Foreigners who obtain a certificate of naturalization are Venezuelans by naturalization.
Foreigners who by birth have the nationality of Spain or of a Latin American State shall be entitled to special facilities in obtaining a certificate of naturalization.
Article 37. The following are Venezuelans by naturalization whenever they declare their intention to be such:
1. A foreign woman married to a Venezuelan;
2. Foreign minors as of the date of naturalization of the person who has parental authority over them, if they reside in the territory of the Republic and make the declaration before they reach twenty-five years of age; and
3. Foreign minors adopted by Venezuelans, if they reside in the territory of the Republic and make the declaration before reaching twenty-five years of age.
Article 38. A Venezuelan woman who marries a foreigner retains her nationality unless she declares her intention to the contrary and, in accordance to the national law of her husband, she acquires his nationality.
Article 39. Venezuelan nationality is lost:
1. By voluntary option or acquisition of another nationality;
2. By revocation of naturalization by judicial sentence according to law.
Article 40. Venezuelan nationality by birth is recovered whenever the person who lost it becomes domiciled in the territory of the Republic and declares his intention to recover it, or whenever he remains in the country for a period of not less than two years.
Article 41. The declaration of intention contemplated in Articles 35, 37, and 40 shall be made in proper form by the interested party if over eighteen years of age, or by his legal representative if he has not reached that age.
Article 42. The law shall enact, in accordance with the spirit of the foregoing provisions, the substantive and procedural rules relating to the acquisition, option, loss, and recovery of Venezuelan nationality, shall resolve conflicts of nationality, shall establish the requirements, favorable circumstances and formalities, and shall regulate the loss and voidance of naturalization by indication of intention and by obtaining a naturalization certificate.
===TITLE IIIDuties, Rights and Guarantees===
====Chapter IGeneral Provisions====
Article 43. Everyone has the right to the free development of his personality, with no other limitations than those deriving from the rights of others and from the public and social order.
Article 44. No legislative provision shall have retroactive effect except when it imposes a lesser penalty. Procedural laws shall apply from the time they enter into force, even in cases that are pending; but in criminal trials evidence already introduced, insofar as it is beneficial to the defendant, shall be weighed in accordance with the law in force at the time the trial begins.
Article 45. Foreigners have the same duties and rights as Venezuelans, with those limitations and exceptions established by this Constitution and the laws.
Political rights are reserved to Venezuelans, except as provided in Article 111.
Venezuelans by naturalization who entered the country before reaching seven years of age and resided therein permanently until attaining majority shall enjoy the same rights as Venezuelans by birth.
Article 46. Every act of the Public Power which violates or impairs the rights guaranteed by this Constitution is void, and the public officials and employees who order or execute it shall be held criminally, civilly or administratively liable, as the case may be, and orders of superiors manifestly contrary to the Constitution and the laws may not serve as an excuse.
Article 47. In no case may Venezuelans or foreigners claim indemnity from the Republic, the States, or Municipalities for damages, loss or expropriation that have not been caused by legitimate authorities in the exercise of their public office.
Article 48. Every agent of authority who executes measures restricting freedom must be identified as such when so demanded by the persons affected.
Article 49. The courts shall protect every inhabitant of the Republic in the enjoyment and exercise of the rights and guarantees established in this Constitution, in conformity with the law.
Proceedings shall be brief and summary and the competent judge shall have the power to reestablish immediately the infringed juridical situation.
Article 50. The enunciation of rights and guarantees in this Constitution must not be construed as a denial of others which, being inherent in the human person, are not expressly mentioned herein.
The lack of a law regulating these rights does not impair the exercise thereof.
====Chapter IIDuties====
Article 51. Venezuelans have the duty to honor and defend their country, and to safeguard and protect the interests of the Nation.
Article 52. Both Venezuelans and foreigners must comply with and obey the Constitution and the laws, and the decrees, resolutions and orders issued by legitimate agencies of the Public Power in the exercise of their functions.
Article 53. Military service is compulsory and shall be rendered without distinction as to class or social condition, in the periods and occasions fixed by law.
Article 54. Labor is a duty of every person fit to perform it.
Article 55. Education is compulsory within the degree and conditions fixed by law. Parents and representatives are responsible for compliance with this duty, and the State shall provide the means by which all may comply with it.
Article 56. Everyone is obligated to contribute to the public expenditures.
Article 57. The obligations that pertain to the State with respect to the assistance, education and well-being of the people do not exclude those which, by virtue of social solidarity, are incumbent on individuals according to their capacity. The law may impose compliance with these obligations in those cases where it may be necessary. It also may impose on persons who aspire to practice specified professions, the duty of rendering service for a certain time in places and under conditions indicated.
====Chapter IIIIndividual Rights====
Article 58. The right to life is inviolable. No law may establish the death penalty nor any authority carry it out.
Article 59. Every person has the right to be protected against injury to his honor, reputation or private life.
Article 60. Personal liberty and safety are inviolable, and consequently:
1. No one may be arrested or detained, unless caught in flagrante, except by virtue of a written order of an official authorized to decree the detention, in the cases and with the formalities prescribed by law. The summary proceedings may not be prolonged beyond the maximum legally fixed limit.
The accused shall have access to the charges against him in the summary hearing and to all means of defense prescribed by law as soon as the corresponding writ of detention is issued.
In the event that a punishable act has been committed, the police authorities may adopt provisional measures of necessity or urgency, indispensable to ensure investigation of the act and trial of the guilty parties. The law shall fix a brief and peremptory time limit in which the judicial authorities must be notified of such measures, and shall also establish a period in which the latter shall rule on them, it being understood that they have been revoked and are without effect, unless confirmed within that period.
2. No one may be deprived of his liberty for obligations the non-compliance with which has not been defined by law as a crime or misdemeanor.
3. No one may be held incommunicado nor subject to torture or to other proceedings which cause physical or moral suffering. Any physical or moral attack inflicted on a person subjected to restriction of his liberty is punishable.
4. No one may be required to take an oath nor compelled to make a statement or to acknowledge guilt in a criminal trial against himself, nor against his spouse or the person with whom he lived as married, nor against his relatives within the fourth degree of consanguinity or second of affinity.
5. No one may be convicted in a criminal trial without first having been personally notified of the charges and heard in the manner prescribed by law.
Persons accused of an offense against the res publica may be tried in absentia, with the guarantees and in the manner prescribed by law.
6. No one shall continue to be held after the issuance of an order for release by a competent authority or after fulfilling the penalty imposed. The establishment of bail required by law for granting provisional liberty of the person detained shall not be subject to a tax of any kind.
7. No one may be sentenced to perpetual or infamous punishment. Punishment involving restriction of liberty may not exceed thirty years.
8. No one may be tried for the same acts by virtue of which he has been judged previously.
9. No one may be the object of forced recruitment nor subjected to military service except for terms outlined by law.
10. Measures of social interest against dangerous individuals may be taken only by fulfillment of conditions and formalities established by law. Such measures shall in all cases be directed toward readaption of the individual to life in society.
Article 61. Discrimination based on race, sex, creed, or social condition shall not be permitted.
Documents of identification for acts of civil life shall contain no mention of any kind respecting filiation.
No official form of address shall be used other than "citizen" (ciudadano) and "you" (usted), except in diplomatic formulas.
Titles of nobility or hereditary distinction shall not be recognized.
Article 62. The home is inviolable. It may not be broken into except to prevent the consummation of a crime or to carry out decisions of the courts, in accordance with the law.
Sanitary inspections which are to be made in conformity with the law may be undertaken only after prior notice from the officials who order them or who are to make them.
Article 63. Correspondence in all its forms is inviolable. Letters, telegrams, private papers and any other means of correspondence may not be seized except by judicial authority, with the fulfillment of legal formalities and always maintaining secrecy respecting domestic and private affairs that have no relation to the corresponding proceeding. Books, receipts and accounting documents may be inspected or audited only by competent authorities, in conformity with the law.
Article 64. Every one may travel freely through the national territory, change his domicile or residence, leave and return to the Republic, bring his property into the country or take it out, with no other limitations than those established by law. Venezuelans may enter the country without the necessity of any authorization whatever. No act of the Public Power may establish against Venezuelans the penalty of banishment from the national territory, except as commutation of some other punishment and at the request of the guilty party himself.
Article 65. Everyone has the right to profess his religious faith and to practice his religion privately or publicly, provided it is not contrary to the public order or to good customs.
Religious faiths shall be subject to the supreme inspection of the National Executive, in conformity with the law.
No one may invoke religious beliefs or disciplines in order to avoid complying with the laws or to prevent another from exercising his rights.
Article 66. Everyone has the right to express his thoughts by the spoken word or in writing and to make use of any means of dissemination, without prior censorship; but statements which constitute offenses are subject to punishment, according to law.
Anonymity is not permitted. Likewise, propaganda for war, that which offends public morals, and that for the purpose of inciting disobedience of the laws shall not be permitted, but this shall not repress analysis or criticism of legal principles.
Article 67. Everyone has the right to present or address petitions to any public entity or official, concerning matters that are within their competence, and to obtain appropriate reply.
Article 68. Everyone may utilize the agencies of the administration of justice in order to protect his rights and interests, under the terms and conditions established by law, which shall fix rules that ensure the exercise of this right by anyone who does not have sufficient means to do so.
Defense is an inviolable right at every stage and grade of a trial.
Article 69. No one may be judged except by his regular judge nor sentenced to a punishment not established by a pre-existing law.
Article 70. Everyone has the right of association for lawful ends, in conformity with the law.
Article 71. Everyone has the right to meet with others, publicly or privately without previous permission, for lawful ends and without arms. Meetings in public places shall be governed by law.
====Chapter IVSocial Rights====
Article 72. The State shall protect associations, corporate bodies, societies and communities that have as their purpose the better fulfillment of the aims of human beings and of social life, and shall promote the organization of cooperatives and other institutions devoted to the improvement of the public economy.
Article 73. The State shall protect the family as the fundamental nucleus of society, and shall see to the betterment of its moral and economic position.
The law shall protect marriage, shall promote the organization of the unattachable family patrimony, and shall provide whatever may help every family to acquire comfortable and hygienic housing.
Article 74. Motherhood shall be protected, regardless of the civil status of the mother. Necessary measures shall be enacted to ensure full protection to every child, without discrimination of any kind, from his conception until he is full grown, under favorable material and moral conditions.
Article 75. The law shall provide whatever may help every child, regardless of his filiation, to know his parents so that the latter may fulfill their duty of aiding, feeding, and educating their children, and so that infancy and youth may be protected against abandonment, exploitation or abuse.
Filiation by adoption shall be protected by law. The State shall share with the parents, in a subsidiary manner and according to the possibilities of the latter, the responsibility incumbent on them in the rearing of children.
The support and protection of minors shall be the object of special legislation and of special courts and agencies.
Article 76. Everyone shall have the right to protection of his health.
The authorities shall oversee the maintenance of public health and shall provide the means of prevention and attention for those who lack them.
Everyone is obliged to submit to health measures established by law, within limits imposed by respect for the human person.
Article 77. The State shall strive to improve the living conditions of the rural population.
The law shall establish an exceptional system required for the protection of Indian communities and their progressive incorporation into the life of the Nation.
Article 78. Everyone has the right to an education. The State shall create and maintain schools, institutions and services sufficiently endowed to ensure an access to education and to culture, with no other limitations than those deriving from the vocation and from aptitudes.
Education provided by public institutions shall be gratuitous in all phases. However, the law may establish exceptions with respect to higher and special education, when persons with means are concerned.
Article 79. Every natural or juridical person may freely devote himself to the arts or sciences, and, by demonstration of his capacity, establish professorships and educational establishments under the supreme inspection and supervision of the State.
The State shall stimulate and protect private education provided in accordance with the principles contained in this Constitution and the laws.
Article 80. Education shall have as its aim the full development of the personality, the training of citizens adapted to life and for the practice of democracy, the promotion of culture, and the development of a spirit of human solidarity.
The State shall organize and guide the educational system toward achieving the fulfillment of the aims set forth herein.
Article 81. Education shall be entrusted to persons of recognized morality and proven fitness for teaching, according to law.
The law shall guarantee to teachers occupational stability and a labor system and standard of living in accord with their elevated mission.
Article 82. The law shall determine what professions require a degree and the conditions that must be met to practice them.
Professional association (colegiación) is compulsory for the practice of university professions so designated by law.
Article 83. The State shall promote culture in its diverse forms and shall see to the protection and conservation of works, objects and monuments of historic or artistic value found within the country and shall strive to use them in the promotion of education.
Article 84. Everyone has the right to work. The State shall endeavor to achieve that every fit person may obtain employment that will provide him with a worthy and decent living.
Freedom of labor shall not be subject to any other restrictions than those established by law.
Article 85. Labor shall be the object of special protection. The law shall provide whatever is necessary to improve the material, moral and intellectual conditions of workers. The provisions established by law in favor of or to protect workers cannot be renounced.
Article 86. The law shall limit the maximum duration of working hours. Save for exceptions provided for, the normal duration of work shall not exceed eight hours a day or forty-eight hours a week, and for night work, in those cases in which this is permitted, it shall not exceed seven hours a day or forty-two hours a week.
All workers shall be entitled to a remunerated weekly day of rest and to paid vacations in conformity with the law.
A progressive diminution in working hours shall be promoted, within the scope of the social interest and in determined areas of activity, and suitable provisions shall be made for a better utilization of leisure time.
Article 87. The law shall provide means conducive to obtaining fair wages; it shall establish norms for ensuring to every worker at least a minimum wage; it shall guarantee equal wages for equal work, without discrimination of any kind; it shall fix the participation that should pertain to workers in the profits of enterprises; and it shall protect wages and social benefits by making them unattachable in the proportion and cases specified and by any other privileges and guarantees that it may prescribe.
Article 88. The law shall adopt measures intended to guarantee stability of labor and shall establish the benefits to compensate for seniority of service of a worker and to protect him in case of unemployment.
Article 89. The law shall determine the responsibility incumbent on the natural or juridical person to whose profit a service is rendered through an intermediary or contractor, without prejudice to the joint and several liability of the latter.
Article 90. The law shall favor the development of the collective relationships of labor and shall establish adequate regulations of collective negotiations and the peaceful solution of disputes. Collective agreements are to be supported and the union clause may be included therein, under the conditions prescribed by law.
Article 91. Unions of workers and of employers shall not be subject to any other requirements, as to their existence and operation, than those established by law for the purpose of ensuring a better accomplishment of their proper functions and of guaranteeing the rights of their members. The law shall protect in their employment, in a special manner, the promoters and directors of labor unions during the time and under the conditions required for ensuring union freedom.
Article 92. Workers have the right to strike, under conditions fixed by law. In public services this right shall be exercised in those cases which the law may determine.
Article 93. Women and minor workers shall receive special protection.
Article 94. A system of social security shall be developed progressively, designed to protect all inhabitants of the Republic against work accidents, illness, disability, old age, death, unemployment, and any other risks that can be covered by social security, and also against the charges derived from family life.
Persons who lack the economic means and who are not in a position to obtain them shall have the right to social assistance if they are incorporated in the social security system.
====Chapter VEconomic Rights====
Article 95. The economic system of the Republic shall be based on principles of social justice that ensure to all a dignified existence useful to the community.
The State shall promote economic development and the diversification of production, in order to create new sources of wealth, to increase the income level of the population, and to strengthen the economic sovereignty of the country.
Article 96. Everyone may freely engage in the lucrative activity of his choice, with no other limitations than those provided in this Constitution and those established by law for reasons of safety, health, or others of social interest.
The law shall enact rules to prevent usury, undue price increases and, in general, abusive maneuvers directed toward obstructing or restricting economic freedom.
Article 97. Monopolies shall not be permitted. There may be authorized, in conformity with the law, only exclusive concessions, for a limited period, for the establishment and exploitation of works and services of public interest.
The State may reserve to itself specified industries, exploitations or services of public interest, for reasons of national advantage, and shall promote the creation and development of a basic heavy industry under its control.
The law shall govern matters relating to industries promoted and directed by the State.
Article 98. The State shall protect private initiative, without prejudice to its power to enact measures for planning, rationalizing and promoting production and to regulate the circulation, distribution and consumption of wealth in order to stimulate the economic development of the country.
Article 99. The right to own property is guaranteed. By virtue of its social function property shall be subject to the taxes, restrictions and obligations imposed by law for purposes of public benefit or the general interest.
Article 100. Rights in scientific, literary, and artistic works, inventions, names, trademarks, and slogans shall be entitled to protection for the time and under the conditions indicated by law.
Article 101. The expropriation of any kind of property may be declared only on grounds of public benefit, by final judgment and the payment of fair compensation. In the expropriation of real property, for reasons of agrarian reform or the expansion and improvement of towns, and in those cases of serious national interest specified by law, deferment of payment may be established for a specified time, or partial cancellation by the issuance of bonds of compulsory acceptance, with sufficient guarantee.
Article 102. Confiscation may not be decreed or executed except in those cases permitted by Article 250. There are excepted from this, with respect to foreigners, those measures accepted by international law.
Article 103. Lands acquired for purposes of exploration or exploitation of mining concessions, including hydrocarbons and other combustible minerals, shall revert to full ownership by the Nation, without indemnity of any kind, when the respective concession is terminated for any reason.
Article 104. Railways, highways, pipelines and other means of communication or transportation constructed by enterprises exploiting natural resources shall be at the service of the public, under the conditions and with the limitations established by law.
Article 105. The system of latifunda is contrary to the social interest. The law shall provide whatever is conducive to its elimination, and shall establish norms directed toward granting land to rural workers and inhabitants who lack it, as well as providing them with the means necessary for making it productive.
Article 106. The State shall give attention to the protection and conservation of the natural resources within its territory, and the exploitation thereof shall be directed primarily toward the collective benefit of Venezuelans.
Article 107. The law shall establish rules relative to the participation of foreign capital in the national economic development.
Article 108. The Republic shall favor Latin American economic integration. To this end it shall strive to coordinate resources and efforts to promote economic development and increase the common well-being and security.
Article 109. The law shall regulate the composition, organization, and powers of the advisory bodies deemed necessary to hear the opinions of private economic sectors, the consuming public, organizations of workers, professional associations, and the universities, in matters of interest to economic life.
====Chapter VIPolitical Rights====
Article 110. Voting is a right and a public function. Its exercise shall be compulsory, within the limits and conditions established by law.
Article 111. All Venezuelans who have reached eighteen years of age and who are not subject to civil interdiction or political disqualification are voters.
Voting in municipal elections may be extended to foreigners, under residence and other requirements that the law may establish.
Article 112. Voters who can read and write and who are over twenty-one years of age may be elected to and are fit to hold public office, with no other restrictions than those established in this Constitution and those derived from the requirements of fitness prescribed by law for holding specified positions.
Article 113. Legislation on voting shall ensure freedom and secrecy of the vote, and shall include the right of proportional representation of minorities.
Electoral bodies shall be composed in such a way that no political party or group predominates, and their members shall be entitled to the privileges established by law to ensure independence in the performance of their functions.
Competing political parties have the right of supervision over the electoral process.
Article 114. All Venezuelans qualified to vote have the right to associate together in political parties in order to participate, by democratic methods, in the guidance of national policy.
The lawmaker shall regulate the organization and activities of political parties in order to safeguard their democratic character and to guarantee their equality before the law.
Article 115. Citizens have the right to demonstrate peacefully and without arms, with no other requirements than those established by law.
Article 116. The Republic recognizes asylum in behalf of any person subject to persecution or who is in danger, for political reasons, under the conditions and requirements established by law and rules of international law.
===TITLE IVThe Public Power===
====Chapter IGeneral Provisions====
Article 117. The Constitution and the laws define the powers of the Public Power, and their exercise must be subject thereto.
Article 118. Each of the branches of the Public Power has its own functions, but the agencies on which their exercise is incumbent shall collaborate with each other in the accomplishment of the aims of the State.
Article 119. Any usurped authority is without effect and its acts are null and void.
Article 120. Any decision arrived at through direct or indirect requisition by force or by a meeting of individuals with subversive intent is null and void.
Article 121. The exercise of the Public Power carries with it individual responsibility for abuse of power or for violation of the law.
Article 122. The law shall establish the administrative career with standards for entrance, advancement, transfer, suspension and retirement of employees in the National Public Administration, and shall provide for their incorporation in the social security system.
Public employees are in the service of the State, and have no political partisanship.
Every political official or employee is obligated to comply with the requirements established by law for holding his position.
Article 123. No one may hold more than one remunerated public position at the same time, except for academic, temporary, welfare, teaching, aldermanic or electoral positions specified by law. Acceptance of a second position not excepted by this article implies resignation from the first, save in those cases provided for in Article 141 or in the cases of alternates as long as a principal is not definitively replaced.
Article 124. No one in the service of the Republic, of the States, the Municipalities, or of any other public juridical person, may make a contract with them, either directly or through an intermediary or in representation of another, with such exceptions as may be established by law.
Article 125. No public official or employee may accept offices, honors, or compensation from foreign governments without prior authorization from the Senate.
Article 126. Without the approval of Congress no contract involving the national interest may be entered into, except those that are necessary for the normal conduct of the public administration or those permitted by law. They may in no case relate to the granting of new concessions of hydrocarbons or other natural resources specified by law, unless authorized by the Chambers in joint session, duly informed by the National Executive as to all pertinent circumstances, and under the conditions they fix without waiving the fulfillment of legal requirements.
Likewise, no contract involving the national, state, or municipal interest may be entered into with foreign states or public agencies, or with companies domiciled in Venezuela, and they may not be transferred thereto without the approval of Congress.
The law may require specified conditions as to nationality, domicile, or others, or may require special guarantees, in contracts involving the public interest.
Article 127. In contracts involving the public interest, when not unnecessary because of the nature thereof, there shall be considered incorporated, even if not expressly stated, a clause by which any questions and disputes which may arise concerning such contracts and which are not amicably settled by the contracting parties shall be decided by competent courts of the Republic, in accordance with its laws, and they may not for any reason or cause give rise to foreign claims.
Article 128. International treaties or conventions concluded by the National Executive must be approved by a special law in order to be valid, unless they concern the execution or completion of pre-existing obligations of the Republic, the application of principles expressly recognized by it, the execution of ordinary acts in international relations, or the exercise of powers which the law expressly bestows on the National Executive. However, the Delegated Committees of Congress may authorize the provisional execution of international treaties or conventions when urgency so requires, and these are to be submitted in all cases to the subsequent approval or disapproval of Congress.
In all cases, the National Executive shall report to Congress, at its next sessions, all international juridical agreements entered into, with a precise indication of their nature and contents, whether subject to its approval or not.
Article 129. In international treaties, conventions and agreements concluded by the Republic, there shall be inserted a clause by which the parties bind themselves to decide by peaceful means recognized by international law or previously agreed to by them, if such is the case, all controversies that may arise between the parties by reason of their interpretation or execution, if not inapplicable, and if permitted by the procedure followed in their conclusion.
Article 130. Since the Republic possesses the Right of Ecclesiastical Patronage, this will be exercised according to law. However, treaties or conventions may be concluded to regulate relations between the Church and the State.
Article 131. Military and civilian authority may not be exercised simultaneously by one and the same official, except by the President of the Republic, who shall be, by reason of his office, Commander in Chief of the National Armed Forces.
Article 132. The National Armed Forces form a non-political, obedient, and non-deliberative institution, organized by the State to ensure the national defense, the stability of democratic institutions, and respect for the Constitution and the laws, the observance of which shall always be above any other obligation. The National Armed Forces shall be in the service of the Republic, and in no case in that of any person or political partisanship.
Article 133. Only the State may possess arms of war. All those in existence, that are manufactured, or that are imported into the country shall become the property of the Republic, without compensation or proceedings. The manufacture, trade in, possession, and use of other arms shall be regulated by law.
Article 134. The States and Municipalities may organize only police force, according to law.
Article 135. The constitutional terms of the National Power shall be five years, save for special provision in this Constitution.
The terms of the state and municipal public powers shall be fixed by national law and may not be less than two nor more than five years.
====Chapter IICompetence of the National Power====
Article 136. The following are within the competence of the National Power:
1. The International relations of the Republic;
2. The protection and supreme supervision of the general interests of the Republic, the preservation of the public peace, and the correct application of the laws throughout the national territory;
3. The flag, coat of arms, hymn, holidays, decorations and honors of a national character;
4. The naturalization, admission, extradition, and expulsion of foreigners;
5. The identification and national police services;
6. The organization and government of the Federal District, and of the Federal Territories and Dependencies;
7. The monetary system and the circulation of foreign currencies;
8. The organization, collection, and control of taxes on income, capital, and estates and gifts; of charges imposed on imports and for registrations and fiscal stamps, and those levied on the production and consumption of goods which are in whole or in part reserved to the National Power, such as taxes on alcohol, liquors, cigarettes, matches and salt beds; on mines and hydrocarbons, and other taxes, excises, and revenues not attributed to the States or to Municipalities, which the law imposes as national in character;
9. The organization and operation of the customs;
10. The operation and administration of mines and hydrocarbons, salt beds, public lands, and oyster and pearl beds; and the conservation, development, and utilization of forests, waters and other natural resources of the country.
The National Executive may, in conformity with the law, sell, lease or make free grants of public lands; but salt beds may not be alienated, and mining concessions may not be granted for an indefinite period.
The law shall establish a system of special appropriations in behalf of States within whose territory property mentioned herein is located, without prejudice to establishing other special appropriations in behalf of other States. In all cases these appropriations shall be subject to the coordination standards provided in Article 229 of this Constitution.
Public lands existing on marine, river, or lake islands may not be alienated, and concessions for their use may be granted only in a way not involving a transfer of the ownership of the land, directly or indirectly;
11. The organization and operation of the National Armed Forces;
12. The system of weights and measures;
13. The national census and statistics;
14. The establishment, coordination and unification of technical standards and procedures for engineering works, architecture, and urban development;
15. The execution of public works of national interest;
16. The bases and directives for national education;
17. The technical direction, establishment of administrative standards, and the coordination of services devoted to the protection of public health. The law may provide for the nationalization of these public services in accordance with the collective interest;
18. The conservation and stimulation of agricultural, livestock, fishery, and forest production;
19. The promotion of low-cost housing;
20. Matters relating to land transportation, air, maritime, river and lake navigation, and to docks and other port works;
21. The opening and maintenance of national means of communication; air traction cable and railways, even if located within the boundaries of a State, with the exception of urban streetcars or cable cars which are concessions of and regulated by the respective Municipalities;
22. The mails and telecommunications;
23. The administration of justice and the creation, organization and competence of the courts; the prosecution service (Ministerio Público);
24. Legislation regulating the guarantees affirmed in this Constitution; civil, commercial, criminal, and penitentiary, legislation and procedures; legislation on elections; legislation on expropriation by reason of public or social benefit; on public credit; on intellectual, artistic, and industrial property; agrarian legislation; on immigration and settlement; on tourism; on labor, welfare, and social security; on plant and animal hygiene; on notaries and public registers; on banks and other institutions of credit; on lotteries, racetracks, and betting in general; and legislation relating to all matters within the national competence;
25. Any other matter which the present Constitution assigns to the National Power or which pertains to it by its nature of kind.
Article 137. Congress, by a vote of two thirds of the members of each Chamber, may grant to the States or Municipalities specific matters of national competence, in order to promote administrative decentralization.
===TITLE VThe National Legislative Power===
====Chapter IGeneral Provisions====
Article 138. The Legislative Power is exercised by Congress, consisting of two Chambers: the Senate and the Chamber of Deputies.
The Senate and Chamber of Deputies shall meet in joint session in those cases indicated in this Constitution and the laws, and to enact the regulations for Congress or whenever both Chambers decide that it is necessary.
The President of the Senate and the President of the Chamber of Deputies shall preside over Congress as President and Vice President respectively. The regulations shall establish the manner of filling their temporary or occasional vacancies.
The Delegated Committee of Congress and all other Committees formed by the Chambers shall perform the functions given to them by this Constitution and the regulations.
Article 139. Congress shall legislate on matters of national competence and on the functioning of the different branches of the National Power.
It is a privilege of Congress to decree amnesties, which is to be done by special law.
Congress also exercises control of the National Public Administration within the terms established by this Constitution.
Article 140. The following may not be elected Senators or Deputies:
1. The President of the Republic, the Ministers, the Secretary to the President of the Republic, and the Presidents and Directors of the Autonomous Institutes until three months after permanent separation from their posts;
2. The Governors and Secretaries of Government of the States, the Federal District, and Federal Territories until three months after permanent separation from their posts, if the representation corresponds to their jurisdiction, or while holding the position if another jurisdiction is concerned; and
3. National, state, or municipal officials and employees and those of autonomous institutes or of enterprises in which the State has a deciding participation, if the election will take place in the jurisdiction where they serve, except in cases of a temporary, electoral, welfare, teaching, or academic positions, or of legislative or municipal representation.
The law may establish the ineligibility of certain electoral officials.
Article 141. Senators and Deputies may accept the post of Minister, Secretary to the President of the Republic, Governor, chief of diplomatic mission, or President of an Autonomous Institute, without losing their invested office.
To hold the new post they must be separated from the respective Chamber, but may be reincorporated when the new functions terminate. Acceptance of different mandates by popular election, in those cases permitted by law, does not authorize holding the positions simultaneously.
Article 142. Senators or Deputies may not be held liable at any time for votes cast or opinions expressed in the exercise of their functions. They shall be liable only to their respective body in accordance with this Constitution and the regulations.
Article 143. Senators and Deputies shall be entitled to immunity from the date they are proclaimed elected until twenty days after the end of their term of their resignation, and consequently they may not be arrested, detained, confined, or subjected to criminal trial, search of their person or home, nor restrained in the performance of their functions.
In case of a serious offense in flagrante committed by a Senator or Deputy, a competent authority may hold him in custody at his residence and immediately notify the respective Chamber or the Delegated Committee of the fact, with a daily substantiated report. This measure shall cease if within a period of ninety-six hours the respective Chamber or the Delegated Committee does not authorize it to continue until a decision is reached in the seizure.
Public officials or employees who violate the immunity of Senators and Deputies shall be held for criminal liability and punished according to law.
Article 144. The court that hears accusations or denouncements of any member of Congress shall undertake the necessary proceedings and transmit them to the Supreme Court of Justice for the purposes of section 2 of Article 215 of this Constitution. If the Court rules that there are grounds for continuation of the case, the trial will not be held until the holding of the accused is first accepted by the respective Chamber or by the Delegated Committee.
Article 145. The Chambers or the Delegated Committee may not agree to holding the accused except at a session expressly convoked, at least twenty-four hours in advance, and by a deliberated decision approved by an absolute majority of the members.
Article 146. In those cases to which the holding of the accused has been approved by the Delegated Committee, the respective Chamber may revoke this at its sessions immediately following.
Article 147. Parliamentary immunity is suspended for a Senator or Deputy while he is holding a public office that involves separation from the Chamber or while enjoying leave of absence for a time exceeding twenty days, providing his respective alternate has been called upon to serve, in accordance with regulations.
Alternates shall be entitled to immunity while representing their principals, from the time they are called upon to serve until twenty days after the representation ceases.
====Chapter IIThe Senate====
Article 148. To form the Senate two Senators shall be elected from each State by universal and direct vote and two from the Federal District, plus the additional Senators resulting from the application of the principle of representation of minorities as established by law, which shall also determine the number and manner of election of alternates.
The membership of the Senate also includes those citizens who have held the office of the Presidency of the Republic by popular election or have held it, in accordance with Article 187 of this Constitution, for more than half a term, unless they have been convicted of an offense committed in the performance of their functions.
Article 149. To be a Senator a person must be a Venezuelan by birth and over thirty years of age.
Article 150. The powers of the Senate are:
1. To initiate the discussion of bills relating to treaties and international agreements;
2. To authorize the National Executive to alienate real property from the private domain of the Nation, with the exceptions established by law;
3. To authorize public officials or employees to accept posts, honors, or recompense from foreign governments;
4. To authorize the use of Venezuelan military missions abroad or of foreign missions within the country, at the request of the National Executive;
5. To authorize the promotion of officers of the Armed Forces from Colonel or Naval Captain inclusive;
6. To authorize the President of the Republic to leave the national territory;
7. To authorize the appointment of the Attorney General of the Republic and the chiefs of permanent diplomatic missions;
8. To authorize, by the vote of the majority of its members, the trial of the President of the Republic following a ruling by the Supreme Court of Justice that there are grounds therefor. If the trial is authorized, the President of the Republic is thereby suspended from office.
9. To grant to illustrious Venezuelans who have rendered eminent services to the Republic, the honors of the National Pantheon, when twenty-five years have elapsed since their death;
10. Any others indicated in this Constitution or the laws.
====Chapter IIIThe Chamber of Deputies====
Article 151. To form the Chamber of Deputies there shall be elected by universal and direct vote and with proportional representation of minorities the number of Deputies determined by law on the basis of a required population, which may not exceed one percent of the total population of the country.
The law shall fix the number and manner of election of alternates.
At least two Deputies shall be elected in each State.
One Deputy shall be elected in each Territory.
Article 152. In order to be a Deputy a person must be a Venezuelan by birth and over twenty-one years of age.
Article 153. The following are powers of the Chamber of Deputies:
1. To initiate the discussion of the budget and of any bill concerning the system of taxation;
2. To adopt a vote of censure of the Ministers.
A motion of censure may only be discussed two days after it is presented to the Chamber, which may decide, by two thirds of the Deputies, that the vote of censure includes removal of the Minister. It may, in addition, order his trial.
3. Any others indicated in this Constitution and the laws.
====Chapter IVCommon Provisions====
Article 154. The regular sessions of the Chambers shall begin, without the necessity of prior convocation, on March 2 of each year or the most immediately subsequent day possible and shall last until the following July 6. These regular sessions shall resume each year from October 1, or the most immediately subsequent day possible, until November 30, both inclusive. In the last year of a constitutional term the regular sessions shall last from March 2 until August 15. In any case, the Chambers in joint session, by a vote of an absolute majority of their members, may prolong these periods, when necessary, for the dispatch of pending matters.
Article 155. Congress shall meet in extraordinary sessions to deal with matters stated in the convocation and others connected therewith. It also may consider those declared to be urgent by either Chamber.
Article 156. The requirements and procedures for the installation and other sessions of the Chambers, and for the functioning of their Committees, shall be determined by the regulations.
A quorum may in no case be less than the absolute majority of the members of each Chamber.
Article 157. The Chambers shall open and close simultaneously, and they must meet in the same town. Any difference that may arise between them shall be validated in joint session, by the vote of an absolute majority of those present.
Article 158. The following are exclusive powers of each of the legislative bodies:
1. To issue its regulations and apply the sanctions established therein against those who infringe them. The temporary separation of a Senator or Deputy may be approved only by a two-thirds vote of those present;
2. To rule on the qualifications of its members and take cognizance of their resignation;
3. To organize its police services;
4. To remove obstacles that may prevent the exercise of its functions;
5. To approve and execute its budget of expenses on the basis of the annual item fixed in the respective law;
6. To execute and order the execution of resolutions concerning its functioning and the exclusive powers previously enunciated.
Article 159. Acts of the legislative bodies in the exercise of their exclusive powers shall not be subject to the veto, examination or control of the other powers, except in regard to what this Constitution provides concerning the abuse of powers.
Article 160. The legislative bodies or their committees may undertake any investigations deemed feasible, in conformity with the regulations.
All officials of the public administration and of the autonomous institutes are obligated, under penalty of sanctions prescribed by law, to appear before them and to furnish such information and documents as are required for fulfillment of their functions.
This obligation is also incumbent on private individuals, limited by the rights and guarantees established by this Constitution.
In all cases the interested party shall be notified of the purpose of his summons at least forty-eight hours in advance.
Article 161. Exercise of the right of investigation to which the preceding article refers does not affect the powers pertaining to the Judicial Power in accordance with this Constitution and the laws.
Judges are obligated to adduce evidence for which they receive a request from the legislative bodies.
====Chapter VEnactment of laws====
Article 162. Acts approved by the Chambers as co-legislative bodies are termed laws. Laws which systematically cover rules relating to a given subject may be termed Codes.
Article 163. Organic laws are those which are so designated by this Constitution and those which are invested with this character by an absolute majority of each Chamber when the respective bill is introduced therein.
Laws which are enacted on matters governed by organic laws are subject to the rules contained in the latter.
Article 164. Bills may be introduced in either Chamber, except those which by a special provision of this Constitution must necessarily be introduced either in the Senate or the Chamber of Deputies.
Article 165. The introduction of bills pertains to:
1. The Delegated Committee of Congress or the Permanent Committee of either Chamber;
2. The National Executive;
3. Senators and Deputies numbering not less than three;
4. The Supreme Court of Justice, when matters relating to judicial organization or procedures are concerned;
5. Not less than twenty thousand voters, identified according to law.
Article 166. Every bill shall have at least two discussions in each Chamber, on different days and in full chamber, in accordance with the rules established in this Constitution and in the respective regulations.
Article 167. When a bill is approved in one of the Chambers it shall be sent to the other. If the latter approves it without modifications, it becomes sanctioned as law. If it is approved with modifications it is returned to the Chamber where it originated.
If the Chamber of origin accepts the modifications, it is thereby sanctioned as law. Otherwise, the Chambers in joint session shall decide by majority vote what is to be done with the articles on which there are differences and others having a connection with them, and they may agree on a text different from that adopted by either Chamber. When the differences have been settled, the Presidency will declare it sanctioned as law.
Article 168. A bill approved by one Chamber may be approved by the other in a single discussion if declared urgent by two thirds of the members.
Article 169. Bills rejected may not be considered again in either Chamber during the sessions of the same year, unless presented by an absolute majority of one of them.
The discussion of bills that were pending at the end of one session may be continued in the following sessions if so decided by the respective Chamber.
Article 170. Ministers have the right to a voice in the discussion of laws. Any Magistrate of the Supreme Court of Justice and designated by that body has the same right, in the discussion of laws relating to judicial organization and procedure.
Article 171. The text of laws shall be preceded by the following phrase: "The Congress of the Republic of Venezuela, Decrees".
Article 172. As soon as a law is sanctioned it shall be issued in duplicate in the final text resulting from the discussions. Both copies are to be signed by the President, the Vice President, and the Secretaries of the Congress, and shall bear the date of final approval. For purposes of promulgation, one copy is to be sent by the President of the Congress to the President of the Republic.
Article 173. The President of the Republic shall promulgate the law within ten days after the date of receipt, but within that period, with the approval of the Council of Ministers, he may ask Congress for its reconsideration, giving an explanation with reasons, in order to amend certain provisions or withdraw its sanction of all or a part of the law.
The Chambers in joint session shall decide on the points raised by the President of the Republic and may write a new text for the provisions objected to and those connected therewith.
When a decision has been adopted by two thirds of those present, the President of the Republic shall proceed with the promulgation of the law within five days following its receipt, and he may not offer new objections.
When the decision has been reached by simple majority, the President of the Republic may choose between promulgating the law or returning it to Congress within the same five-day period for a new and final reconsideration. The decision of the Chambers in joint session is definitive, even by simple majority, and promulgation of the law must be made within five days following its receipt.
In any case, if the objection is based on unconstitutionality, the President of the Republic may, within the period fixed for promulgation of a law, have recourse to the Supreme Court of Justice, requesting its decision as to the alleged unconstitutionality. The Court shall decide within a period of ten days, counted from the date of receipt of the communication from the President of the Republic. If the Court denies the claim of unconstitutionality, or does not decide within the aforementioned period, the President of the Republic must promulgate the law within five days after the decision of the Court or the expiration of the period indicated.
Article 174. A law becomes promulgated by being published with the corresponding "be it enacted" ("cúmplase") in the Official Gazette of the Republic.
Article 175. Whenever the President of the Republic does not promulgate a law within the periods indicated, the President and Vice President of Congress shall proceed with its promulgation, without prejudice to the liability incurred by the President of the Republic for its omission. In such cases the promulgation of the law may be made in the Official Gazette of the Republic or in the Gazette of Congress.
Article 176. The occasion for promulgation of a law approving an international treaty, convention or agreement is left to the discretion of the National Executive, in conformity with international usage and the convenience of the Republic.
Article 177. Laws may be repealed only by other laws, and they may be amended wholly or in part. A law which has been partially amended shall be published in a single text which incorporates the amendments approved.
====Chapter VIThe Delegated Committee of Congress====
Article 178. During an adjournment of the Chambers there shall function a Committee composed of the President, Vice President, and twenty-one members of Congress who, with their respective alternates, shall be elected in a manner that reflects as far as possible the political composition of the Congress. The respective regulations shall establish the time and manner of electing the Delegated Committee and its internal operation.
Article 179. The following are the powers of the Delegated Committee of Congress:
1. To watch over the observance of the Constitution and citizens' guarantees and to adopt for these purposes such measures as may be called for;
2. To exercise the functions of investigation invested in the legislative bodies;
3. To designate special committees consisting of members of Congress;
4. To convoke Congress into extraordinary session when the importance of a matter so demands;
5. To authorize the National Executive, by a favorable vote of two thirds of its members, to create, modify or abolish public services, in case of proven urgency;
6. To authorize the National Executive to decree credits outside the budget;
7. To authorize the President of the Republic to leave the national territory temporarily;
8. Any others conferred on it by this Constitution and the laws.
Article 180. The Delegated Committee shall report its actions to Congress.
===TITLE VIThe National Executive Power===
====Chapter IThe President of the Republic====
Article 181. The Executive Power is exercised by the President of the Republic and any other officials determined by this Constitution and the laws.
The President of the Republic is chief of State and of the National Executive.
Article 182. To be elected President of the Republic a person must be a Venezuelan by birth, over thirty years of age, and a layman.
Article 183. The election of President of the Republic shall be by universal and direct vote, in conformity with the law. The candidate who obtains the relative majority of votes shall be proclaimed elected.
Article 184. Whoever is holding the office of the Presidency at the time of an election or who held it for more than one hundred days of the immediately preceding year, or his relatives within the third degree of consanguinity or second of affinity, may not be elected President of the Republic.
Likewise, anyone who was holding the position of Minister, Governor, or Secretary to the Presidency of the Republic on the day of becoming a candidate or at any time between that date and the election, may not be elected President of the Republic.
Article 185. Anyone who has occupied the Presidency of the Republic for a constitutional term or for more than half thereof may not again be President of the Republic or hold such office within ten years following the termination of his mandate.
Article 186. The elected candidate shall assume the office of President of the Republic by taking an oath before the Chambers meeting in joint session within the first ten days in which they are to inaugurate their regular sessions for the year in which a constitutional term begins. If by any circumstances he is unable to take the oath before the Chambers in joint session, he shall do so before the Supreme Court of Justice. Whenever the President elect does not take office within the period provided for in this article, the outgoing President shall resign his powers before the person called upon to replace him provisionally in case of absolute vacancy, in accordance with the following article, who shall hold office as Chargé of the Presidency of the Republic, until the President-elect assumes the post.
Article 187. Whenever there is an absolute vacancy before the President-elect takes office a new universal and direct election will be held on the date indicated by the Chambers in joint session. If the absolute vacancy occurs after the assumption of office the Chambers shall, within the next thirty days, proceed to elect a new President by secret vote and in joint session, for the remainder of the constitutional term. In this case the provisions of the sole paragraph of Article 184 do not apply.
In either case, until a new President is elected and assumes office, the Presidency shall be occupied by the President of Congress; if he is not available, by the Vice President of Congress; and in his default, by the President of the Supreme Court of Justice.
Article 188. Temporary absences of the President of the Republic shall be filled by a Minister designated by the President himself, and in his default, by the person called upon to fill an absolute vacancy in accordance with the preceding article. If the temporary vacancy is prolonged for more than ninety consecutive days, the Chambers in joint session shall decide whether an absolute vacancy shall be considered to exist.
Article 189. The President, or whoever is acting in his stead, may not leave the national territory without authorization of the Senate or of the Delegated Committee. Likewise, he may not do so without such authorization within six months following the date on which he leaves office.
====Chapter IIPowers of the President of the Republic====
Article 190. The powers and duties of the President of the Republic are:
1. To enforce this Constitution and the laws;
2. To appoint and remove the Ministers;
3. To exercise, as Commander in Chief of the National Armed Forces, the highest-ranking authority over them;
4. To fix the size of the National Armed Forces;
5. To direct the foreign affairs of the Republic and make and ratify international treaties, conventions or agreements;
6. To declare a state of emergency and order the restriction or suspension of guarantees in those cases provided for in this Constitution;
7. To adopt measures necessary for the defense of the Republic, the integrity of its territory or its sovereignty, in the event of international emergency;
8. To enact extraordinary measures in economic or financial matters whenever the public interest so requires and he has been authorized to do so by special law;
9. To convoke Congress into extraordinary sessions;
10. To regulate the laws in whole or in part, without altering their spirit, purpose or reasoning;
11. To order, in case of proven emergency during an adjournment of Congress, the creation of and appropriation for new public services, or the modification or abolishment of those in existence, with the authorization of the Delegated Committee;
12. To administer the National Public Finances;
13. To negotiate national loans;
14. To decree credits outside the Budget, with the authorization of the Chambers in joint session, or of the Delegated Committee;
15. To make contracts in the national interest permitted by this Constitution and the laws;
16. To appoint, with the authorization of the Senate or of the Delegated Committee of Congress, the Attorney General of the Republic and the chiefs of permanent diplomatic missions;
17. To appoint and remove the Governors of the Federal District and the Federal Territories;
18. To appoint and remove, in accordance with the law, those national officials and employees whose appointment is not vested in some other authority;
19. To assemble in convention any or all of the Governors of the federal entities to secure a better coordination of the plans and tasks of the public administration;
20. To submit to Congress, personally or through one of the Ministers, special reports and messages;
21. To grant pardons;
22. Any others indicated in this Constitution or the laws.
The President of the Republic shall exercise in Council of Ministers the powers enumerated in sections 6, 7, 8, 9, 10, 11, 13, 14, and 15 and those which he is empowered by law to exercise in the same manner.
Acts of the President of the Republic, with the exception of those indicated in sections 2 and 3 of this article, must be countersigned by the appropriate Minister or Ministers in order to be valid.
Article 191. Within the first ten days following the installation of Congress in regular session, the President of the Republic, personally or through one of the Ministers, shall submit each year to the Chambers meeting in joint session, a message in which he shall give an accounting of the political and administrative aspects of his actions during the immediately preceding year. In this message the President shall outline the features of the plan for economic and social development of the Nation.
The message corresponding to the last year of a constitutional term must be submitted within the first five days following the installation of Congress.
Article 192. The President of the Republic is responsible for his acts, in conformity with this Constitution and the laws.
====Chapter IIIThe Ministers====
Article 193. The Ministers are the direct agents of the President of the Republic, and when meeting together comprise the Council of Ministers. The President of the Republic shall preside over meetings of the Council of Ministers, but he may designate a Minister to preside whenever he is unable to attend a meeting. In such cases, decisions taken shall not be valid if they are not confirmed by the President of the Republic. An organic law shall determine the number and organization of the Ministries and their respective competence, as well as the organization and functioning of the Council of Ministers.
Article 194. The President of the Republic may appoint Ministers of State without assigning them a specific Department. In addition to participating in the Council of Ministers and advising the President of the Republic on matters entrusted to them, the Ministers of State may take charge of matters assigned to them by law.
Article 195. To be a Minister a person must be a Venezuelan by birth, over thirty years of age, and a layman.
Article 196. Ministers are responsible for their acts, in conformity with this Constitution and the laws, even when they act under the express orders of the President. Ministers who were in attendance are jointly and severally liable for decisions of the Council of Ministers, with the exception of those who made known their adverse or negative vote.
Article 197. Each Minister shall submit to the Chambers in joint session, within the first ten days of a regular session, a reasoned and adequate report on the action of his Department during the immediately preceding calendar year and on its plans for the following year. He shall also submit an accounting of funds that have been handled. The reports for the last year of a constitutional term must be submitted within the first five days following the installation of Congress.
Article 198. No pronouncement of the legislative bodies concerning the reports or accounts shall free a Minister from responsibility for the acts of his Department. In every case, and as long as prescription has not taken effect, the legislative bodies may undertake an investigation and examination of those acts, even if they pertain to previous fiscal periods.
Article 199. Ministers have the right to a voice in the Chambers and in their Committees, and they are obligated to attend them when called upon to report or to answer interpellations.
====Chapter IVThe Office of Attorney General of the Republic====
Article 200. The Office of Attorney General of the Republic shall be in charge of and under the direction of the Attorney General of the Republic, with the collaboration of other officials specified by law.
Article 201. The Attorney General of the Republic must have the same qualifications as those required of a Magistrate of the Supreme Court of Justice, and he shall be appointed by the President of the Republic with the authorization of the Senate.
If during an adjournment of the Chambers there is an absolute vacancy of the position of Attorney General of the Republic, the President of the Republic shall make a new appointment with the authorization of the Delegated Committee of Congress. Temporary and occasional absences shall be filled in the manner determined by law.
Article 202. The functions of the Attorney General of the Republic are:
1. To represent and defend the patrimonial interests of the Republic judicially and extrajudicially;
2. To render opinions in those cases and with the effects indicated in the laws;
3. To give legal advice to the National Public Administration;
4. Any others attributed to him by law.
All legal advisory services of the National Public Administration shall collaborate with the Attorney General of the Republic in carrying out his functions, in the manner determined by law.
Article 203. The Attorney General of the Republic may attend, with the right to a voice, meetings of the Council of Ministers when called upon by the President of the Republic.
===TITLE VIIThe Judicial Power and Public Ministry===
====Chapter IGeneral Provisions====
Article 204. The Judicial Power is exercised by the Supreme Court of Justice and by other courts prescribed by organic law.
Article 205. In carrying out their functions judges are autonomous and independent from the other branches of the Public Power.
Article 206. The contentious-administrative jurisdiction is vested in the Supreme Court of Justice and in other courts determined by law.
The agencies of the contentious-administrative jurisdiction are competent to annul general or individual administrative acts that are contrary to law, including misuse of power; to issue judgments requiring the payment of sums of money and the reparation of damages originating in responsibility for administration; and to provide for whatever is necessary for the reestablishment of subjective juridical situations injured by administrative activity.
Article 207. The law shall provide the necessary steps for the establishment of a judicial career and to ensure the fitness, stability and independence of judges, and shall establish rules relating to the competence, organization and functioning of the courts insofar as this is not provided for in this Constitution.
Article 208. Judges may not be removed or suspended from office except in those cases and according to procedure determined by law.
Article 209. All other authorities of the Republic shall offer judges the collaboration they may require for a better fulfillment of their functions.
Article 210. The law shall prescribe matters relating to inspection of the functioning of the Courts, the means for attending to their functional and administrative needs, and the organization of auxiliary judicial services, all without impairing the autonomy and independence of judges.
====Chapter IIThe Supreme Court of Justice====
Article 211. The Supreme Court of Justice is the highest Tribunal of the Republic. No recourse of any kind will be heard or admitted against its decisions.
Article 212. The Supreme Court of Justice shall function in Divisions (Salas), the composition and competence of which shall be determined by law. Each Division shall have at least five Magistrates.
Article 213. To be a Magistrate of the Supreme Court of Justice a person must be a Venezuelan by birth, a lawyer, and over thirty years of age.
In addition to these qualifications, the organic law may require practice of the legal profession, holding of a judgeship, or university teaching of legal subjects for a specified time.
Article 214. Magistrates of the Supreme Court of Justice shall be elected by the Chambers in joint session for terms of nine years, but they are renewed by thirds every three years. Alternates are to be appointed in the same manner to fill absolute vacancies among the Magistrates; temporary or occasional vacancies are to be filled in the manner determined by law.
Article 215. The powers of the Supreme Court of Justice are:
1. To declare whether or not there are grounds for the trial of the President of the Republic or person acting in his stead, and if there are, to continue trying the case, with the authorization of the Senate, until final sentence is issued;
2. To declare whether or not there are grounds for the trial of members of Congress or of the Court itself, of the Ministers, the Prosecutor General, the Attorney General or Comptroller General of the Republic, the Governors, or chiefs of diplomatic missions of the Republic, and if there are, to transmit the case to the competent regular court, if a common offense, or continue trying the case until final sentence if a political offense, except as provided in Article 144 with respect to members of Congress; 
3. To declare the total or partial nullity of national laws and other acts of the legislative bodies that are in conflict with this Constitution;
4. To declare the total or partial nullity of state laws, municipal ordinances, and other acts of the deliberate bodies of the States and Municipalities that are in conflict with this Constitution;
5. To settle conflicts that exist between different legal provisions and declare which of them is to prevail;
6. To declare the nullity of regulations and other acts of the National Executive when they violate this Constitution;
7. To declare the nullity of administrative acts of the National Executive whenever there are grounds therefor;
8. To settle controversies in which one of the parties is the Republic or a State or Municipality, when the other party is one of these entities, except for controversies between Municipalities in the same State, in which case the law may provide that the case be heard by another Court;
9. To decide conflicts of competence between Courts, either regular or special, when there is no other common superior court in order of rank;
10. To hear cases in cassation;
11. Any others vested in it by law.
Article 216. The powers enumerated in sections 1 to 6 of the preceding article shall be exercised by the plenary Court. Decisions shall be rendered by an absolute majority of all Magistrates.
The organic law may grant the powers enumerated in sections 2, 3, 4, 5, and 6 to a Federal Division (Sala Federal) presided over by the President of the Court and composed of Magistrates who have competence in contentious-administrative matters, to a number not less than two representatives of each of the other Divisions.
====Chapter IIIThe Council on the Judiciary====
Article 217. The respective organic law shall create a Council on the Judiciary (Consejo de la Judicatura), the organization and powers of which shall be fixed for the purpose of ensuring the independence, efficiency, discipline, and decorum of the Courts and of guaranteeing the benefits of a judicial career to judges. On it there must be adequate representation of the other branches of the Public Power.
====Chapter IVThe Public Ministry====
Article 218. The Public Ministry shall oversee the strict observance of the Constitution and the laws, and shall be in charge of and under the direction and responsibility of the Prosecutor General (Fiscal General) of the Republic, with the help of such officials as are specified by the organic law.
Article 219. The Prosecutor General of the Republic must have the same qualifications as those of Magistrates of the Supreme Court of Justice, and shall be elected by the Chambers in joint session within the first thirty days of each constitutional term. In the event of an absolute vacancy of the Prosecutor General, a new election shall be held for the remainder of the constitutional term. Temporary and occasional absences of the Prosecutor General of the Republic, and the interim before an absolute vacancy is filled, shall be filled in the manner determined by law.
Article 220. The powers of the Public Ministry are:
1. To see that constitutional rights and guarantees are respected;
2. To see that there is speed and proper conduct in the administration of justice and that the courts of the Republic apply the laws correctly in criminal trials and those with which the public order and good morals are concerned;
3. To take criminal action in those cases in which action by a party is not necessary to initiate and prosecute them, without prejudice to the right of courts to act directly when so indicated by law;
4. To see to the correct enforcement of the laws and the guarantee of human rights in jails and other prison establishments;
5. To initiate actions on which there are grounds for enforcing civil, criminal, administrative, or disciplinary liability incurred by public officials in carrying out their functions; and
6. Any others conferred on it by law.
The powers given to the Public Ministry shall not impair the exercise of rights and actions pertaining to private individuals or to other officials in accordance with this Constitution and the laws.
Article 221. The authorities of the Republic shall give to the Public Ministry whatever collaboration it may require in duly carrying out its functions.
Article 222. The Prosecutor General of the Republic shall submit a report of his activities to Congress annually, within the first thirty days of its regular session.
===TITLE VIIIThe Public Finances===
====Chapter IGeneral Provisions====
Article 223. The system of taxation shall seek a fair distribution of burdens in accordance with the economic capacity of the taxpayer, based on the principle of progressive rates, as well as the protection of the national economy and the raising of the standard of living of the people.
Article 224. No tax or other contribution may be collected that is not established by law, and no exemptions or exonerations may be granted therefrom except in the cases provided in such a law.
Article 225. No tax payable in personal services may be established.
Article 226. A law which establishes or amends a tax or other contribution must fix a period of time before it shall take effect. If this is not done, it shall not take effect until sixty days after it has been promulgated.
This provisions does not limit the extraordinary powers which are granted to the National Executive in the cases provided in this Constitution.
Article 227. No expenditure shall be made from the National Treasury that has not been provided for in the Budget Law. Credits additional to the budget may be decreed only for necessary expenditures not provided for or for which the items were insufficient, and provided that the Treasury has the funds to meet the respective expenditure. To do this requires a prior favorable vote of the Council of Ministers and the authorization of the Chambers in joint session or, if adjourned, of the Delegated Committee.
Article 228. The National Executive shall submit the proposed Budget Law to Congress, at the time indicated in the organic law.
The Chambers may alter budgetary items but may not authorize expenditures that exceed the amount of estimated revenues in the respective proposed Budget.
Article 229. The Budget Law shall include annually, bearing the name of allotment (situado), an item which is to be distributed among the States, the Federal District, and the Federal Territories, in the following manner: 30 percent of the amount in equal parts and the remaining 70 percent to be divided in proportion to the population of each of the entities mentioned. This item shall not be less than 12 1/2 of the total estimated ordinary revenues in the respective budget, and this minimum percentage shall be increased annually and consecutively, beginning with the budget for 1962, by at least 1/2 percent until it reaches a definitive minimum of 15 percent. The respective organic law shall determine the share corresponding to municipal entities under this allocation.
The law may enact rules to coordinate the expenditures of this allotment with administrative plans outlined by the National Power, and may fix limits on the emoluments to be paid to officials and employees of federal and municipal entities.
In the event of a decrease in revenues that requires a readjustment of the Budget, the allotment will be readjusted proportionally.
Article 230. Autonomous institutions may be created only by law, and in conformity with the respective organic law.
Autonomous institutions, as well as the interests of the State in corporate bodies or entities of any nature, shall be subject to the control of Congress, in the manner prescribed by law.
Article 231. Loans may be contracted only for income producing works, except in case of evident national necessity or advantage.
Public credit operations shall require, in order to be valid, a special law which authorizes them, save for exceptions established in the organic law.
Article 232. The State shall recognize no other obligations than those contracted by the legitimate agencies of the Public Power, in accordance with the laws.
Article 233. The provisions which govern the National Public Finances shall govern the Public Finances of the States and Municipalities insofar as they are applicable.
====Chapter IIThe Office of Comptroller Generalof the Republic====
Article 234. The Office of the Comptroller General of the Republic is entrusted with the control, supervision, and auditing of the national revenues, expenditures, and assets, and of operations connected therewith.
The law shall determine the organization and functioning of the Office of the Comptroller General of the Republic, and the occasions, form, and scope of its intervention.
Article 235. The functions of the Office of Comptroller General of the Republic may be extended by law to the autonomous institutions, as well as to state or municipal administration, without impairing the autonomy which is guaranteed to them by this Constitution.
Article 236. The Office of the Comptroller General of the Republic is a subsidiary agency of Congress in its function of controlling the Public Finances, and shall be entitled to autonomy of office in carrying out its powers.
Article 237. The Office of Comptroller General of the Republic shall function under the direction and responsibility of the Comptroller General of the Republic.
To be Comptroller General of the Republic one must be a Venezuelan by birth, over thirty years of age, and a layman.
Article 238. The Chambers in joint session shall elect the Comptroller General of the Republic within the first thirty days of each constitutional term.
In the event of an absolute vacancy in the post of Comptroller General of the Republic, the Chambers in joint session shall conduct a new election for the remainder of the constitutional term.
Temporary and occasional absences of the Comptroller General of the Republic and the interim vacancy before an absolute vacancy is filled, shall be filled in the manner determined by law.
Article 239. The Comptroller General of the Republic shall submit to Congress annually a report of the activities of his Office or concerning the account or accounts that have been submitted to Congress by agencies and officials required to do so. He shall also submit such reports as may be requested by Congress or the National Executive at any time.
===TITLE IXEmergency===
Article 240. The President of the Republic may declare a state of emergency in the event of internal or external conflict or whenever well-founded reasons exist that either of these may occur.
Article 241. In case of emergency, of disorder that may disturb the peace of the Republic, or of grave circumstances that affect economic or social life, the President of the Republic may restrict or suspend the constitutional guarantees, or some of them, with the exception of those proclaimed in Article 58 and in sections 3 and 7 of Article 60.
The Decree shall state the reasons on which it is based, the guarantees that are restricted or suspended, and whether it shall be in force in all or a part of the national territory.
The restriction or suspension does not interrupt the functioning nor affect the prerogatives of the branches of the National Power.
Article 242. The Decree which declares a state of emergency or orders the restriction or suspension of guarantees shall be issued in Council of Ministers and submitted for consideration of the Chambers in joint session or of the Delegated Committee, within ten days after its publication.
Article 243. The Decree of restriction or suspension of guarantees shall be revoked by the National Executive, or by the Chambers in joint session, when the reasons which brought it about have ended. Cessation of the state of emergency shall be declared by the President of the Republic in Council of Ministers and with the authorization of the Chambers in joint session or of the Delegated Committee.
Article 244. If there are well-founded indications of imminent disturbance of the public order, which do not justify the restriction or suspension of constitutional guarantees, the President of the Republic, in Council of Ministers, may adopt necessary measures to prevent such events from occurring.
Such measures shall be limited to the detention or confinement of the guilty parties, and must be submitted to the consideration of Congress or of the Delegated Committee within ten days following their adoption. If either body declares them to be unjustified, they shall terminate immediately; if to the contrary, they shall be maintained up to a limit of not more than ninety days. The law shall regulate the exercise of this power.
===TITLE XAmendments and Reform of the Constitution===
Article 245. Amendments to this Constitution shall be made in the following manner:
1. The initiative may come from one fourth of the members of one of the Chambers, or from one fourth of the Legislative Assemblies of the States, by decisions taken in not less than two discussions by an absolute majority of the members of each Assembly;
2. The amendment shall be initiated in regular sessions but action thereon may continue in subsequent extraordinary sessions;
3. The bill containing the amendment shall be introduced in the Chamber where it was proposed, or in the Senate if it was proposed by the Legislative Assemblies, and it shall be discussed according to the procedure established in this Constitution for the enactment of laws;
4. If the amendment is approved by Congress, the Presidency thereof shall transmit it to all the Legislative Assemblies for ratification or rejection in regular sessions, by resolutions considered in at least two discussions and approved by an absolute majority of their members;
5. The Chambers meeting in joint session, in their regular sessions of the following year, shall count the votes of the Legislative Assemblies and declare the amendment approved if it has been ratified by two thirds of the Assemblies;
6. The amendments will be numbered consecutively and will be published at the end of the Constitution, without altering the text of the latter, but with a footnote to the amended article or articles giving the number and date of the amendment.
Article 246. This Constitution may also be subject to a general reform, in accordance with the following procedure:
1. The initiative must come from one third of the members of Congress, or from an absolute majority of the Legislative Assemblies by resolutions adopted in at least two discussions by an absolute majority of the members of each Assembly;
2. The initiative shall be transmitted to the Presidency of Congress, which shall convoke the Chambers in joint session by at least three days' advance notice, to decide on whether the said initiative is in order. The initiative will be admitted by a two thirds vote of those present.
3. If the initiative is admitted, discussion of the bill shall begin in the Chamber indicated by Congress, and shall follow the procedure established in this Constitution for the enactment of laws;
4. The approved bill shall be submitted to referendum at a time fixed by the Chambers in joint session so that the people may decide in favor or against the reform. The count of the votes will be communicated to the Chambers in joint session, which will declare the new Constitution as sanctioned if it was approved by a majority of the voters of the entire Republic.
Article 247. Rejected initiatives of amendment or reform may not be reintroduced during the same constitutional term.
Article 248. The President of the Republic may not veto amendments or reforms and is obligated to promulgate them within ten days following their sanction. If he does not do so the provisions of Article 175 shall apply.
Article 249. The provisions relating to cases of urgency in the procedure for the enactment of laws shall not be applicable to amendments and reforms of the Constitution.
===TITLE XIInviolability of the Constitution===
Article 250. This Constitution shall not lose its effect even if its observance is interrupted by force or it is repealed by means other than those provided therein. In such eventuality, every citizen, whether or not vested with authority, has the duty to collaborate in the reestablishment of its effective validity.
Those who are found responsible for the acts indicated in the first part of the preceding paragraph and also the principal officials of governments subsequently organized shall be judged in accordance with this Constitution itself and laws enacted in conformity therewith, if they have not contributed to the reestablishment of its force and effect. Congress may decree, by resolution approved by an absolute majority of its members, the confiscation of all or a part of the property of such persons and of those who have been unlawfully enriched under the protection of usurpation, in order to reimburse the Republic for damages incurred by it.
===TITLE XIIFinal Provisions===
Article 251. The transitory provisions shall be enacted in a separate text. They shall have the validity of constitutional principles and shall be sanctioned by the same formalities as those by which the present Constitution is adopted. Their text is not subject to amendment except by the procedure provided in Title X.
Article 252. The constitutional order that has been in effect up to the promulgation of this Constitution is hereby repealed.
Done, signed, and sealed in the Federal Legislative Palace, in Caracas, on the twenty-third day of January of nineteen hundred and sixty one. --- 151st year of Independence and 102nd year of Federation.
(Here follow the signatures of the President and Vice President of Congress, Senators and Deputies, the President of the Republic, and the Ministers.)
THE CONGRESSOF THE REPUBLIC OF VENEZUELA
in conformity with the provision of Article 251 of the Constitution and having called for the vote of the Legislative Assemblies of the States of Anzoátegui, Apure, Aragua, Barinas, Bolívar, Carabobo, Cojedes, Falcón, Guárico, Lara, Mérida, Miranda, Monagas, Nueva Esparta, Portuguesa, Sucre, Táchira, Trujillo, Yaracuy, and Zulia, and in view of the favorable result of the voting,
decrees the following
TRANSITORY PROVISIONSOF THE CONSTITUTION
First. Until the laws are enacted as provided in Chapter IV of Title I of the Constitution, the present municipal system and organization of the Republic shall remain in force.
Second. Foreigners included in numerals 2 and 3 of Article 37 who become twenty-five years of age within one year following the date this Constitution takes effect, may make the declaration of intention within that period.
Third. Until a law establishes the special facilities to which Article 36 of the Constitution refers, the acquisition of Venezuelan nationality by those who by birth had the nationality of Spain or of a Latin American State shall continue to be governed by the legal provisions now in effect.
Fourth. Until a law establishes the appropriate substantive and procedural rules, the loss of nationality through revocation of naturalization shall be subject to current provisions of law, but an interested party may appeal from an administrative decision to the Supreme Court of Justice within a period of six months following the date of publication of the revocation in the Gaceta Oficial.
Fifth. The protection of personal liberty, until a special law is enacted to govern this in conformity with the provisions of Article 49 of the Constitution, shall be upheld by the following rules:
Every person who becomes subject to deprivation or restriction of his liberty, in violation of constitutional guarantees, has the right to ask the Judge of First Instance in Criminal Matters who has jurisdiction at the place where the act was executed which caused the request or where the aggrieved person is to be found, to issue a writ of habeas corpus.
When the request is received, which may be made by any person, the Judge shall immediately order the official in whose custody the aggrieved person is held, to report within twenty-four hours as to the grounds for deprivation or restriction of liberty, and shall initiate a summary verification.
The Judge shall decide, within a period of not more than ninety-six hours after the request was submitted, on the immediate release of the aggrieved or end of the restrictions imposed, if he finds that the legal formalities for deprivation or restriction of liberty were not met. The judge may subject this decision to the granting of bail or prohibition of departure from the country by the aggrieved person, for a period of not more than thirty days, if this is considered necessary.
The decision issued by the Judge of First Instance shall be referred to the Superior Court to which the case must be sent on the same or the following day. Such referral shall not prevent immediate execution of the decision. The Superior Court shall render its decision within seventy-two hours following the date of receipt of the case.
Sixth. Until ordinary legislation fixes the time limits and periods to which the last paragraph of numeral 1 of Article 60 of the Constitution refers, police authorities who have adopted preventive detention measures must place the accused at the disposition of the appropriate Court within a time limit of not more than eight days, together with the action that has been taken, for purposes of prosecution of the summary proceedings. The examining Court must decide, with respect to the detention, within a time limit of ninety-six hours, except in serious and complex cases which require a longer time, which in no case shall exceed eight days. Only the police authorities are empowered to take the measures provided for in Article 60 of the Constitution, since according to law they are auxiliary officials of the Administration of Justice.
Seventh. The measures calling for banishment from the country adopted between January 23, 1958 and July 31, 1960 shall remain in effect as long as they are not revoked by the Executive Power or by decision of the Chambers in joint session, but they cannot be prolonged beyond the present constitutional term.
Persons subjected to deprivation or restriction of liberty for reasons of public order must be set free or submitted to the Courts of the Republic within a period of two months following the promulgation of the Constitution.
Eighth. The provisions of the sole paragraph of Article 148 of the Constitution are declared applicable to the present President of the Republic as soon as his term has expired and, as soon as this provision takes effect, to the citizen who constitutionally occupied the Presidency of the Republic for the 1936-1941 term and to the citizen who was elected President of the Republic by popular vote for the constitutional term which began in 1948.
Ninth. Senators and Deputies who on the date of promulgation of the Constitution are holding public offices not excepted in Articles 123 and 141 of the Constitution may be reincorporated in their respective Chamber during the course of the next regular sessions.
Tenth. Until the law provides therefor, persons who have failed to comply with the provisions of Article 160 of the Constitution shall be subject to the penalty provided in Article 239 of the Penal Code.
If an official of the public administration or of an autonomous institution is concerned, he shall also be removed from office.
Eleventh. Bills relating to treaties and international conventions and those concerning the system of taxation which on the date of promulgation of this Constitution are under consideration in the Chambers may continue to be discussed even though the first of these was initiated by the Chamber of Deputies and the second in the Senate.
Twelfth. The Chambers, if they have met by the date of promulgation of the Constitution, or in subsequent regular or extraordinary sessions, shall before adjournment conduct the election in joint session of the Delegated Committee provided for in Article 178.
Before conducting the election, the Chambers in joint session shall enact pertinent regulations.
Thirteenth. Whenever the law requires the authorization, approval or sanction of the National Congress for the validity of an act, the decision shall be taken by the Chambers in joint session, unless from the nature of the act itself it appears that it should follow the procedure for the enactment of laws.
Fourteenth. Judges shall continue to hold office for the term established in legislation in force.
However, the Judicial Council, without prejudice to its other legal powers, may, within the year following the promulgation of the Constitution, remove, following summary investigation, those who have been guilty of any serious act affecting the dignity or decorum of the judiciary or who have shown manifest incapacity or deficiency in carrying out their functions.
The designation of a new judge and his alternates shall be made according to law.
Fifteenth. The present sitting Members (Vocales) of the Federal Courts and the Court of Cassation shall comprise the Supreme Court of Justice for the remainder of the present constitutional term. The Court shall be installed within thirty days after the Constitution takes effect, and shall elect a President and two Vice Presidents from its members.
Until the Organic Law of the Supreme Court of Justice is enacted, the following provisions shall govern: The Court will function in three autonomous Divisions (Salas), known as the Politico-Administrative Division, the Division of Civil, Commercial, and Labor Cassation, and the Division of Penal Cassation. The first of these Divisions shall consist of the sitting Members of the present Federal Court and shall have the powers conferred on that body by current legislation, and those established by numerals 2 and 4 to 9 of Article 215 of the Constitution; the other two Divisions shall be composed of the sitting Members of the respective Divisions of the present Court of Cassation and shall have the powers conferred on that body by current laws. The plenary Court shall have the powers conferred by numerals 1 and 3 of Article 215 of the Constitution.
The present alternates of the Federal Court shall fill absolute vacancies of Magistrates of the Politico-Administrative Division; and those of the Court of Cassation, such vacancies of the Magistrates of the Cassation Divisions.
The installation of the Supreme Court of Justice shall be governed, insofar as applicable, by the provisions of the Organic Law of the Court of Cassation. Action taken by the plenary Court by the Politico-Administrative Division shall be governed, insofar as applicable, by the Organic Law of the Federal Court, and that of the Cassation Divisions, by the Organic Law of the Court of Cassation.
When the Magistrates are elected for the next constitutional terms, the Chambers shall indicate those who are to serve nine, six, and three years respectively, for the purposes provided in Article 214 of the Constitution.
The plenary Court shall settle questions that may arise concerning the application of the system outlined in this provision, and shall also settle those that may arise concerning the powers of the Prosecutor General of the Republic and of the Attorney General of the Republic.
Sixteenth. The citizen elected to hold the position of Attorney General of the Nation for the present constitutional term shall continue to perform, with the name of Prosecutor General of the Republic, the functions conferred on the Public Ministry by the Constitution until the end of that term. He shall likewise perform the functions conferred by the Constitution on the Office of Attorney General of the Republic until the President of the Republic makes the appointment provided for in Article 201 of the Constitution. In the latter case, both officials shall perform the functions respectively conferred by the Constitution, in accordance with laws in force, insofar as they are applicable according to the individual nature of each institution, until the appropriate organic laws are promulgated.
Seventeenth. The citizen elected to hold the position of Comptroller of the Nation for the present constitutional term shall continue to perform, with the name of Comptroller General of the Republic, the functions conferred by the Constitution on the Office of Comptroller General of the Republic.
Until an organic law provides therefor, the citizen elected to hold the position of Assistant Comptroller of the Nation for the present constitutional term shall continue to perform, with the name of Assistant Comptroller of the Republic, the functions indicated by law. Temporary or occasional absences of the Assistant Comptroller shall be filled by an official from the Office of Comptroller called upon by the Comptroller General of the Republic. In case of absolute vacancy, the Chambers in joint session or the Delegated Committee shall elect the person to replace him.
Eighteenth. Until an organic law fixes the time for submission of the bill for the Budget Law, it shall be submitted annually within the first fifteen days of the regular sessions of the Chambers.
Nineteenth. The next constitutional term shall commence on March 2, 1964. On that date the Chambers shall be installed. The inauguration of the President of the Republic shall be conducted according to Article 186 of the Constitution. The election of the Magistrates of the Supreme Court of Justice shall be held within the first thirty days of the beginning of the constitutional term.
The terms of the present deputies to the Legislative Assemblies and members of the Municipal Councils shall end on January 1, 1964, unless a law provides for their renewal at an earlier date.
Twentieth. The property referred to in Decree No. 28 of February 6, 1958 of the Junta de Gobierno shall revert to the national patrimony.
This measure includes all property of the person to whom the Decree mentioned refers and to detained persons for whom intermediaries were named, in accordance with that Decree, before the promulgation of the Constitution.
The Attorney General of the Republic shall take the measures necessary for carrying out this provision, and the inventories that are prepared shall serve as title of ownership by the State of such property, for all legal purposes.
Twenty-first. There shall also revert to the national patrimony, to the amount determined by the Investigating Committee provided for in the Law against Unlawful Enrichment by Public Officials or Employees, the property belonging to persons summoned before it for investigation up to the date of promulgation of the Constitution and by reason of acts or occurrences prior to January 23, 1958.
In its decision, which shall have the effect of a permanent final judgment, the Investigating Committee shall determine what property must revert to the national patrimony in accordance with this provision and what amounts shall be due to the National Treasure by those who have unlawfully enriched themselves to an amount greater than the value of property reverted to the national patrimony. Interested parties may appear before the Supreme Court of Justice, in the Politico-Administrative Division, within thirty consecutive days after publication of the decision, to demonstrate the partial or complete lawfulness of their enrichment. The Court shall examine and decide on the appeal in accordance with the procedure established in Article 25 of the Organic Law of the Federal Court.
The Committee shall decide the cases currently investigated in accordance with this provision, within a period of three months counting from the date the Constitution takes effect. This period may be extended, in each case, by the Supreme Court of Justice, in its Politico-Administrative Division, upon reasoned application by the Investigating Committee.
The Attorney General of the Republic may also appear before the Supreme Court of Justice whenever he considers that a decision of the Investigating Committee is contrary to the interests of the Republic.
Whenever by virtue of a decision of the Investigating Committee there are grounds for the suspension of all or any of the preventive measures taken on property of a person investigated, this suspension may not be carried out except in the event the Attorney General of the Republic has not appeared before the Supreme Court of Justice within the period provided in this provision.
If the Supreme Court of Justice decided that there has been no unlawful enrichment or that its amount was less than that estimated by the Investigating Committee, it shall fix the amount to be returned to the appellant to the extent he has not unlawfully enriched and shall so inform the National Executive in order that he shall determine the manner and time of payment, in accordance with Article 16 of the Organic Law of the National Finances. However, the Court may order that such payment shall be made, wholly or in part, from property which belonged to the person investigated, provided that its restitution is not contrary to the public or social interest.
In each case the Committee shall also decide on the claims of third parties asserting rights in rem to property covered by a decision and may order the cumulation of actions pending in the Courts if it deems this suitable. Such third parties may also appear within thirty consecutive days before the Supreme Court of Justice, in its Politico-Administrative Division, to validate their rights, and that body shall examine the claims pursuant to the Article 25 cited above. If the claims of a third party are ruled in order, the National Executive may provide for their payment in the manner and time he shall specify or may authorize the delivery or auction of the property claimed, without prejudice to the contents of this provision. The Committee may declare as simulated any transfer of property made by investigated persons after December 1, 1957.
Property which was acquired by investigated persons before taking the offices they held or before committing the acts on which the measures are based may be included in the decision of the Investigating Committee only if the other property is not sufficient to cover the amount of the unlawful enrichment, except as established in this provision with respect to property of public or social interest.
The circumstance that judicial action has been taken against some of the persons included under this provision shall not prevent the application thereof. Suits initiated in applying provisions of the Law against Unlawful Enrichment of Public Officials or Employees, against persons coming under the present transitory provision, shall be suspended and the cases shall be transmitted to the Investigating Committee. The application of this provision does not prevent the taking of criminal actions for which there may be grounds according to law.
For purposes of carrying out the measures outlined herein, the rule contained in Article 44 of the Constitution shall not apply, and the Investigating Committee as well as the Supreme Court shall be subject only to the procedural provisions indicated herein.
Twenty-second. Article 44 and the last part of Article 42 of the Law against the Unlawful Enrichment of Public Officials and Employees shall be applicable to the persons to whom the eighteenth provision refers and to those who have been unlawfully enriched according to decisions of the Investigating Committee or the Supreme Court of Justice.
Twenty-third. The existing juridical system shall remain in effect until it is amended or repealed by competent organs of the Public Power, or until it is repealed expressly or by implication by the Constitution.
Done, signed and sealed in the Federal Legislative Palace, in Caracas, on the twenty-third day of January of nineteen hundred and sixty one --- 151st year of Independence and 102nd of Federation.
(Here follow the signatures of the President and Vice President of Congress, and of the Senators and Deputies.)
Note: The official text followed in this translation was published in the Gaceta Oficial de la República de Venezuela on January 23, 1961.
Venezuela, 1961, Constitution of the Republic of