Constitution of Dirkson

Constituição do Reino de Dirkson

The **Constitution of the Kingdom of Dirkson of 1986** is the current dirkian constitution and basic rule of the national legal order.

It was drafted by the National Constituent Assembly elected on August 12, 1985. Its constituents completed the work on December 23, 1986, the date of its approval, and the Constitution entered into force on the same date.

The Constitution has a strong socialist and at the same time monarchist content, legitimating the supreme authority of the Monarch and, at the same time, the popular sovereignty, is considered one of the most advanced in the world with respect to fundamental rights and guarantees.

## Constitution of the Kingdom of Dirkson

### PREAMBLE

**Promulgated by the National Constituent Assembly, sworn and signed by His Royal Majesty, Constitutional Sovereign and Defender of the Nation, King Joseph I of Dirkson in December 23, 1986**

*We, on behalf of the people, reunited in National Constituent Assembly to institute a monarchy established in the principles of the democratic rule of law, aimed at ensuring the full exercise of the fundamental and inviolable rights of all citizens, we enact, under the protection of God, the following* **CONSTITUTION OF THE KINGDOM OF DIRKSON***;*

## Title I

### Fundamental Principles

Art. 1st The Kingdom of Dirkson represents the political union of all dirkian citizens represented by the Monarch and a Federal State constituted by the perpetual and indissoluble union of its Provinces and the Administrative District.

Art. 2nd All power emanates from the people, exercising it by their elected representatives or directly, under the terms of this Constitution.

Art. 3rd The fundamental objectives of the Kingdom of Dirkson are:

* I - building a free, fair and supportive society;
* II - ensure national development;
* III - eradicate poverty and marginalization and reduce social and regional inequalities;
* IV - to promote the good of all, without prejudice of origin, race, sex, color, age and any other forms of discrimination.

### National Territory and Sovereignty

Art. 4th The National Territory is indivisible and inviolable, no aggression can be tolerated, and if in case, a proportional response will be given.

§ 1st For administrative purposes, the Kingdom may articulate its action in the same geoeconomic and social complex, aiming at its development and the reduction of regional inequalities.

§ 2nd Complementary law shall provide for:

* I - the conditions for the integration of developing regions;
* II - the composition of the regional bodies that will execute, in accordance with the law, the regional plans, which are part of the national economic and social development plans, approved together with them.

§ 3rd The regional incentives shall include, in addition to others, the form of the law:

* I - equality of tariffs, freights, insurance and other items of costs and prices of responsibility of the Public Power;
* II - interest rates favored to finance priority activities;
* III - exemptions, reductions or temporary deferral of federal taxes due by individuals or legal entities;
* IV - priority for the economic and social exploitation of rivers and water bodies that are dammed or repressible in low-income areas, subject to periodic droughts.

§ 4th In the areas referred on item IV of the paragraph 3rd, the Kingdom shall encourage the recovery of arid lands and cooperate with small and medium-sized rural landowners for the establishment of water and small irrigation sources

Art. 5th The Kingdom of Dirkson is a sovereign nation, no treaty or federation that violates the sovereignty and integrity of it will be valid.

### Nationality and Citizenship

Art. 6th Are dirkians:

* I - native-borns;
	+ a) those born in the Kingdom of Dirkson, even if from foreign parents, provided that they are not in the service of their country;
	+ b) those born abroad of a dirkian father or mother, provided that any one of them is at service for the Kingdom of Dirkson;
	+ c) those born abroad from a dirkian father or mother, provided that they are registered in a competent dirkian institution or come to reside in the Kingdom of Dirkson and at any time, after reaching the age of majority, opt by dirkian nationality.
* II - naturalized:
	+ a) those who received it as gratification for outstanding services rendered to the Kingdom of Dirkson;
	+ b) foreigners of any nationality residing in the Kingdom of Dirkson for more than ten years uninterrupted and without criminal conviction, provided that they claim the Dirkian nationality;
	+ c) foreigners or stateless persons who request it, provided that they are not in the service of another country.

Art. 7th The law may not distinguish born and naturalized dirkians, except in the cases provided for in this Constitution.

Art. 8th The following positions are specific to dirkian native-borns:

* I - Monarch and Crown Heir;
* II - President and Vice Presidents of the Council of State;
* III - Minister of the Federal Court of Justice and Judge of the Federal Constitutional Court;
* IV - diplomatic career;
* V - officer of the Royal Defense Forces;
* VI - Minister of State of National Defense;

Art. 9th The loss of the nationality of an dirkian will be declared if:

* I - had canceled its naturalization, by judicial decision, due to activity harmful to the national interest;
* II - acquire another nationality by voluntary naturalization.
* II - acquire another nationality, except in the following cases:
	+ a) recognition of nationality originated by foreign law;
	+ b) imposition of naturalization by the foreign norm as a condition for permanence in its territory or for the exercise of civil rights.

Art. 10th The English language is the official language of the Kingdom of Dirkson.

### National Symbols

Art. 11th Are the National Symbols, defined in complementary law:

* I - the National Flag;
* II - the Coat of Arms;
* III - the National Anthem;
* IV - the State Ensign;
* V - the Royal Standard;
* VI - the Royal Crown.

Art. 10th The Monarch is the Guardian of the National Symbols, complementary law will establish the draw of these symbols.

### Foreign Relations

Art. 12th The Kingdom of Dirkson rule itself in its foreign relations by the following principles:

* I - national independence;
* II - prevalence of auto rights;
* III - self-determination of peoples;
* IV - non-intervention;
* V - equality between States;
* VI - defense of peace;
* VII - peaceful settlement of conflicts;
* VIII - repudiation of terrorism and racism;
* IX - cooperation among peoples for progress;
* X - granting of political asylum.

### Constitutional Powers

Art. 13th Are the Constitutional Powers of the Kingdom of Dirkson:

* I - the Monarch;
* II - the Executive Power;
* III - the Legislative Power;
* IV - the Judiciary Power;
* V - the People.

Art. 14th The Executive, Legislative and Judiciary are equal and harmonic, under the terms of this Constitution.

## Title II

### Monarchy

Art. 15th The Kingdom of Dirkson is a Hereditary Representative Parliamentary Constitutional Monarchy and a Laic State, the monarchical institution follows the Roman Catholic Apostolic Church.

Art. 16th The Monarchy is based on the popular representativeness of the Monarch as the personification of the State and its maximum authority.

### Monarch

Art. 17th The Monarch is the main symbol and personification of the State and of the unity of the people.

Art. 18th To assume the dirkian throne, the Monarch must meet the following requirements:

* I - be catholic;
* II - be a dirkian native-born.

Art. 19th The Monarch have the following titles:

* I - Royal Majesty, Constitutional Sovereign and Defender of the Nation, King or Queen of Dirkson;
* II - Royal Majesty, the Head of the Royal House of Sonica;
* III - Royal Majesty, the Guardian of the Royal Crown;
* IV - Highness, the Grand Master of the Royal Order of Sonica.

Art. 20th The Monarch will not be prosecuted, tried or convicted by any national court or any foreign judicial authority, any attempt to sue the Monarch is void.

### Royal Prerogative

Art. 21th Are the royal prerogatives of the Monarch:

* I - represent the State and the People with dignity;
* II - accredit foreign representatives and ambassadors;
* III - appoint the dirkian representatives and ambassadors in foreign missions;
* IV - sign or veto laws passed by the Federal Legislative Assembly;
* V - open and close, respectively, the first and last annual session of the Federal Legislative Assembly;
* VI - call referendums and plebiscites approved by the Federal Legislative Assembly;
* VII - dissolve the Federal Legislative Assembly, when there is a threat to the national order and stability of the democratic institutions;
* VIII - appoint and sworn the President and Vice Presidents of the Council of State;
* IX - dissolve the Council of State when there is a threat to the national order and stability of democratic institutions;
* X - decree the State of Siege and the State of Defense, as defined in this Constitution;
* XI - indicate and, after approval by the Federal Senate, appoint the magistrates of the superior courts;
* XII - confirm the results of the elections;
* XIII - declare war and celebrate peace;
* XIV - grant the honorific orders;
* XV - keep informed on matters of State;
* XVI - exercise the Command of the Royal Defense Forces as Supreme Commander-in-Chief;
* XVII - award titles;
* XVIII - grant pardons, in accordance with the law, but not general pardons.

### Royal Secretariat

Art. 22th The Royal Secretariat assists and advises the Monarch in the exercise of his prerogatives, each Secretariat carries out the duties defined in Royal Decree.

Art. 23th The Royal Secretaries are direct auxiliaries of the Monarch in the exercise of their functions, being of his or her free choice, appointment and exoneration.

Art. 24th It is incumbent upon the Royal Secretary, in addition to other attributions established in this Constitution and in the law:

* I - to exercise the orientation, coordination and supervision of the organs and entities of the federal administration in the area of its competence and to refer to the acts and decrees signed by the Monarch;
* II - issuing instructions for the execution of laws, decrees and regulations;
* III - present to the Monarch a monthly report of his administration in the Royal Secretariat;
* IV - to practice the acts pertinent to the attributions granted to him or delegated by the Monarch.

#### First Royal Secretary

Art. 25th The First Royal Secretary is the direct auxiliary of the Monarch in the exercise of his or her duties and in the coordination of the Royal Secretariat.

### Council of the Kingdom

Art. 26th The Council of the Kingdom is the highest consultation and advice body of the Monarch and of the State, composed by the following members:

* I - the Monarch;
* II - the Consort;
* III - the Apparent Heir and his or her consort;
* IV - the First Royal Secretary;
* V - the President of the Council of State;
* VI - five Ministers designated by the Council of State;
* VII - the President of the Federal Senate;
* VIII - five Federal Senators elected by the Federal Senate;
* IX - the President of the Chamber of Deputies;
* X - five Federal Deputies elected by the Chamber of Deputies;
* XI - ten members designated by the Monarch.

Art. 27th The Councilors of the Kingdom are responsible for the councils which they give, opposed to the Laws and to the interest of the State, manifestly malicious.

Art. 28th The Council of the Kingdom shall be convened ordinarily in the following case:

* I - when the Monarch so convenes, subject to relevant State interest.

Art. 29th The Council of the Kingdom shall be convened extraordinarily in the following cases:

* I - when the Monarch or the Apparent Heir dies;
* II - federal intervention;
* III - declaration of war or foreign attack;
* IV - abdication of the reigning Monarch;
* V - dissolution of the Council of State and the Federal Legislative Assembly;
* VI - other cases defined by law.

### Consort

Art. 30th The Consort has the same legal protections as the Monarch, and can not be prosecuted, tried or convicted by any national or foreign court.

Art. 31th The Consort should have dirkian nationality and follow the Roman Catholic Apostolic faith.

* I - if not a follower of the Catholic faith, will be entitled only as Princess-Consort or Prince-Consort.

Art. 32th The Consort shall not be entitled “Constitutional Sovereign and Defender of the Nation”.

### Apparent Heir

Art. 33th The Apparent Heir shall be the first son or daughter of the Monarch, and in their absence:

* I - the brothers or sisters of the Monarch;
* II - the monarch's uncles or aunts;
* III - the cousins of the Monarch;
* IV - the previous Monarchs who still alive;
* V - sons or daughters not recognized by the Monarch;
* VI - any relative with dirkian nationality approved by the Federal Legislative Assembly;
* VII - a dirkian citizen elected by the Federal Legislative Assembly.

Art. 34th The Apparent Heir must be a dirkian native-born and catholic.

Art. 35th The Apparent Heir, his consort and their firstborn will be stylized as Royal Highnesses.

Art. The title of the Apparent Heir shall be Crown Prince or Crown Princess.

* I - the Apparent Heir will receive the title of Prince of the Province in which he or she was born when reaching majority.

### Royal Family

Art. 36th The Royal House of Sonica, the heirs of His Royal Majesty, Constitutional Sovereign and Defender of the Nation, King Joseph I of Dirkson, is the legitimate and the only royal house of Dirkson.

Art. 37th The Royal Family is composed of the first, second, and third-degree relatives of the Monarch, all enjoying legal immunity.

* I - for protection and security, the Monarch-appointed friends are considered part of the Royal Family.

Art. 38th No one, besides the children of the Monarch, will receive the titles of Princes and Princesses.

Sole paragraph: Those who received the title of Prince of Province when they were Apparent Heirs will maintain the title.

Art. 39th The Monarch may decree the entry of new members into the Royal Family.

### Regency

Art. 40th The Regency shall be convened to exercise the royal prerogatives in the following cases:

* I - extinction of the succession line to the throne;
* II - civil, mental or physical incapacity of the Monarch;
* III - when the Monarch is a minor;
* IV - when the Monarch leaves the country.

Art. 41th Will be called to exercise the Regency:

* I - the Apparent Heir;
* II - the Consort;
* III - the other sons and daughters of the Monarch, from the oldest to the youngest;
* IV - the President of the Council of State;
* V - the President of the Federal Senate;
* VI - the President of the Chamber of Deputies;
* VII - the Minister-President of the Federal Court of Justice;
* VIII - the Judge-President of the Federal Constitutional Court.

Sole paragraph: In the cases provided in items IV to VIII, the holders will be entitled as President of the Regency.

Art. 42th The Regent may not:

* I - grant titles;
* II - dissolve the Federal Legislative Assembly and the Council of State;
* III - declare himself or herself Monarch;
* IV - declare State of Siege or Defense;
* V - revoke immunities.

### Royal Crown

Art. 43th The Royal Crown is the highest symbol of National Sovereignty and must be used only by the Monarch at the following events:

* I - the Coronation Ceremony;
* II - the opening and the closing ceremonies of the Federal Legislative Assembly;
* III - those who require the use of Regalia.

Sole paragraph: In cases in which the Monarch can not or is not usual to use the Royal Crown, it should be arranged on a platform.

### Succession of the Throne

Art. 44th The Apparent Heir becomes Monarch when the current Monarch dies or abdicates.

Art. 45th After the death of the Monarch, the First Royal Secretary shall announce the death:

* I - to the Apparent Heir, addressing him or her as the new Monarch;
* II - to the Consort;
* III - to the Council of State;
* IV - to the Presidents of the Federal Senate and of the Chamber of Deputies;
* V - to the Presidents of the higher courts.

Art. 46th The Council of State shall announce the death:

* I - to diplomatic missions and resident foreign representations;
* II - to the Governors of the Provinces;
* III - to the dirkians embassies, diplomatic missions and representations abroad;
* IV - to the media networks.

Art. 47th Once confirmed the death, will be declared a month of national mourning.

Art. 48th The new Monarch must sworn in the Constitution immediately at the Federal Legislative Assembly.

Art. 49th After the oath, the new Monarch will transmit his or her ascension to the whole country and abroad.

Art. 50th Until he or she is received by the Pope of the Holy Apostolic See, the Monarch will not have access to the Royal Crown and will not grant titles.

### Nobiliarchy

Art. 51th Are the nobility titles of Dirkson:

* I - Duke;
* II - Marquess;
* III - Count;
* IV - Viscount;
* V - Baron;
* VI - Knight.

Art. 52th All those who receive the titles of nobility will receive the treatment of Excellency.

Sole paragraph: By Royal Decree, the Monarch may grant other forms of treatment.

Art. 53th This Constitution recognizes the legitimate value of the Royal Charter 01/1960, issued by His Royal Majesty, King Edward I, honoring Mister Lewis Duncan with the unique title of Grand Duke of Dirkson.

* I - the Grand Duke will have the treatment of His Great Highness;
* II - to Mister Lewis Duncan will be paid monthly, a life pension whose value will be established by law;
* III - the Grand Duke shall be treated with national and foreign honors similar to those of His Majesty;
* IV - the heirs of Mister Lewis Duncan do not have the right to claim the title of Grand Duke;
* V - it is up to the Monarch to legislate more about the title.

Art. 54th It is up to the Monarch honor citizens with titles of nobility and exonerate the holders.

* I - nominations will be made by Royal Charter.

Art. 55th To be graced, the chosen ones:

* I - should have helped the nation somehow;
* II - must not have criminal record;
* III - must have unblemished reputation.

## Title II

### Federation

Art. 56th The Kingdom of Dirkson is a Federal State, formed by sovereign and independent Provinces in accordance with the Constitution.

Art. 57th Form the Dirkian Federation:

* I - the Kingdom;
* II - the Provinces;
* III - the Administrative District;
* IV - the Cities.

Art. 58th The federative units are free to create their own autonomous legal orders as long as they follow the principles of this Constitution and the democratic regime.

Art. 59th The federative units are free to create their symbols.

Art. 60th It is common competence of the Kingdom, the Provinces, the Administrative District and the Cities:

* I - ensure the protection of the Constitution, codes, laws and democratic institutions and preserve the public patrimony;
* II - to protect documents, works and other objects of historical, artistic and cultural value, monuments, remarkable natural landscapes and archaeological sites;
* III - establish guidelines for urban development, including housing, basic services and urban transport;
* IV - to prevent the evasion, destruction and de-characterization of works of art and other objects of historical, artistic or cultural value;
* V - to provide the means of access to culture, education, science, technology, research and innovation;
* VI - protect the environment and combat pollution in any form;
* VII - to register, monitor and supervise the concessions of rights of research and exploitation of water and mineral resources in their territories.

Sole paragraph: Complementary laws shall establish norms for cooperation between the Kingdom, the Provinces, the Administrative District and the Cities, viewing to the balance of development and well-being at the national level.

#### Kingdom

Art. 61th Is responsibility of the Kingdom:

* I - maintain relations with foreign states and participate in international organizations;
* II - declare war and celebrate peace;
* III - ensure national defense;
* IV - decree the State of Siege, the State of Defense and the Federal Intervention;
* V - authorize and supervise the production and trade of military equipment;
* VI - issue currency;
* VII - manage exchange reserves and supervise operations of financial nature, especially credit, exchange and capitalization;
* VIII - develop and implement national and regional plans for land use and economic and social development;
* IX - explore, directly or through authorization, concession or permission, telecommunication services, in accordance with the law, which provides for the organization of services and other institutional aspects;
* X - explore, directly or through authorization, concession or permission:
	+ a) broadcasting of sound and imaging services;
	+ b) air navigation, space and the infrastructure needed;
	+ c) air transport services, aiming at the protection of airspace;
	+ d) sea, river and lake ports, road and rail services in border areas;
* XI - organize and maintain the Judiciary and the Public Ministry;
* XII - organize and maintain police forces;
* XIII - grant amnesty;
* XIV - to plan and promote permanent defense against public calamities.

#### Provinces

Art. 62th Each Province is governed by its Constitution and the laws it adopts, respecting the constitutional principles of the Kingdom, which are:

* I - the tripartition of the state functions in administrative, legislative and jurisdictional;
* II - the division of the exercise of its sovereignty with the Kingdom;
* III - respect for the Constitution of the Kingdom and federal laws;
* IV - adoption of proper nomenclatures for its powers;
* V - the temporary nature of the elective functions;
* VI - the autonomy of the Cities;
* VII - the performance of the Courts of Justice as provincial constitutional courts.

Art. 63th The Provinces may be incorporated among themselves, subdivided or dismembered, to annex to others, or to form new Provinces, with the approval of the population, of the respective Legislative Assemblies and of the Federal Legislative Assembly.

Sole paragraph: The mines and lands located in their respective territories belong to the Provinces, the Kingdom shall be responsible for only that part of the territory which is indispensable for the defense of borders, fortifications, military constructions and federal infrastructures.

Art. 64th It is incumbent upon each Province to provide, at its own expense, the needs of its Government and administration; the Kingdom may, however, provide assistance to the requesting Province with the approval of the Council of State.

Art. 65th The Provinces may:

* I - conclude non-political adjustments and conventions among themselves;
* II - in general, any power or right that is not denied by a clause expressly or implicitly contained in the Constitution.

Art. 66th The Provinces may not:

* I - refuse to give effect to public documents of legislative, administrative or judicial nature of the Kingdom or of any Province;
* II - reject the currency, or bank issue in circulation by act of the Federal Government;
* III - make or declare war against each other and use reprisals;
* IV - refuse the extradition of criminals, claimed by the Justices of other Provinces or of the Administrative District, according to the laws of the Kingdom by which this matter is governed;
* V - create distinctions between dirkians or preferences among themselves;
* VI - to establish religious services or churches, to subsidize them, to embarrass their operation or to maintain with them or their representatives dependency or alliance relations, except in the form of the law, being collaboration of public interest.

#### Administrative District

Art. 67th The Administrative District of Dirkson City, subdivided into subdistricts and prohibited to create Cities in its territory, is an integral part of the Federation and capital of the Kingdom with the same political-administrative autonomy, rights and duties of the Provinces.

Art. 68th The Administrative District can legislate on matters reserved to Provinces and Cities, organized by Fundamental Law.

Art. 69th Complementary Law will establish judicial bodies for the Administrative District.

#### Federal Intervention

Art. 70th The Federal Government may not intervene in businesses peculiar to the Provinces, except:

* I - to repel foreign invasion, or from one province to another;
* II - to guarantee the free exercise of any of the provincial public powers, at the request of its legitimate representatives, and to, regardless of the request, respecting their existence;
* III - to ensure the enforcement of federal laws and judgments and reorganize the finances of the Province, whose inability to live independently is demonstrated by the cessation of payments of their debt founded, for more than two years.

Art. 71th To ensure national integrity and respect for the following constitutional principles:

* I - the Sovereignty of the Kingdom of Dirkson;
* II - the representative regime;
* III - the legitimate government;
* IV - the independence and harmony of the Constitutional Powers;
* V - the temporary nature of the elective functions and the responsibility of the employees;
* VI - the autonomy of the Cities;
* VII - the capacity to be elector or eligible under the terms of this Constitution;
* VIII - an electoral regime that allows representation of minorities;
* IX - legality, freedom, equality, ample defense, isonomy, contradiction and symmetry;
* X - the political and individual rights guaranteed by the Constitution;
* XI - election of the Governors and of the Legislative Assemblies;
* XII - the possibility of constitutional reform and the competence of the Legislative Power to promote it.

Art. 72th It is the exclusive responsibility of the Federal Legislative Assembly to enact intervention in the Provinces to ensure respect for the constitutional principles of the Kingdom:

* I - to decide on the legitimacy of powers, in case of duplicate, and to reorganize the finances of the insolvent Province.

Art. 73th The President of the Council of State is exclusively responsible for intervening in the Provinces:

* I - when the Federal Legislative Assembly approves the intervention;
* II - when the Federal Court of Justice or the Federal Constitutional Court order it;
* III - when any of the Provincial Public Powers request it;
* IV - regardless of provocation, in the other cases included in this Constitution.

Art. 74th It is the exclusive responsibility of the Federal Court of Justice to request intervention in the Provinces in order to ensure the execution of federal judicial decisions.

#### Cities

Art. 75th The Provinces shall organize itselfs in such a way as to guarantee the autonomy of the Cities in all that respects their peculiar interest, following the principles established in this Constitution, the Constitution of the respective Province and the following precepts:

* I - the election of the Mayor, the Vice Mayor and the Councilors for the same term;
* II - election of the Mayor and Vice Mayor until ninety days before the end of the term of office of those they must succeed;
* III - number of Councilors proportional to the population of the City;
* IV - inviolability of the Councilors for their opinions, words and votes in the exercise of their mandate and in the circumscription of the City;
* V - prohibitions and incompatibilities, in the exercise of the term, similar, as appropriate, to the provisions of this Constitution for the members of the Federal Legislative Assembly and in the Constitution of the respective Province for the members of the Legislative Assembly;
* VI - judgment of the Mayor in the Court of Justice;
* VII - organization of the legislative and supervisory functions of the City Council.

Art. 76th Compete to the Cities:

* I - legislate on matters of local interest;
* II - supplement federal and provincial legislation as appropriate;
* III - institute and collect the taxes of their competence, as well as apply their income;
* IV - to organize and provide, directly or under a concession or permit system, public services of local interest, including collective transportation, which are essential;
* V - maintain, with the technical and financial cooperation of the Kingdom and the Province, basic education programs;
* VI - to promote, where appropriate, adequate land-use planning, through planning and control of land use, subdivision and urban land occupation;
* VII - to promote the protection of the local cultural-historical patrimony, observing the legislation and the federal and province fiscalization action.

## Title III

### Political-Administrative Organization of the Kingdom

Art. 77th The political-administrative organization of the Kingdom of Dirkson comprises the Kingdom, the Provinces, the Administrative District and the Cities, all autonomous under the terms of this Constitution.

* I - the merger, incorporation, extinction, dismemberment and reintegration of Provinces shall be regulated by a complementary law;
* II - the creation, merger, incorporation, extinction, dismemberment and reintegration of Cities will be defined in provincial law and will depend on previous consultation of the local population and approval of the City Council.

Art. 78th It is forbidden to the Kingdom, to the Provinces, to the Administrative District and to the Cities:

* I - establish or sponsor religious cults, embarrass their operation or maintain relations of dependence or subordination with their representatives, saved relevant public interest;
* II - to create distinctions between nationals and foreigners.

### Executive Power

Art. 79th The Council of State, on behalf of the Monarch, exercises exclusively the Federal Executive Power.

#### Council of State

Art. 80th The Council of State is the deliberative body of the Federal Executive Branch, it is its responsibility:

* I - monitor administration;
* II - approve the decisions of the President of the Council;
* III - monitor its execution and guide the general policy of the government.

Art. 81th The Council of State is composed of Ministers of State, freely appointed and dismissed by the President of the Council.

* I - formed the Council, it shall swear the Constitution to the Monarch and to the Federal Legislative Assembly;

Art. 82th The Monarch may, with the consent of the President of the Council, participate and preside over the meetings of the Council of State.

Art. 83th Succeed the President of the Council of State in his position in case of travel abroad, disability, resignation, death or removal from office:

* I - the First Vice-President of the Council of State;
* II - the Second Vice-President of the Council of State;
* III - it is the responsibility of the President of the Council to define a line of succession among the other Ministers of State.

Sole paragraph: In the case of dissolution of the Council of State, the oldest member of the Federal Legislative Assembly shall be Acting President.

Art. 84th In the event of dissolution of the Federal Legislative Assembly and of the Council of State, the Apparent Heir shall be the Acting President.

#### President of the Council of State

Art. 85th The President of the Council of State chairs the Council of State and, on its behalf, represents its as Head of the Federal Executive Power.

Art. 85th The following functions are attributed to the President of the Council of State:

* I - direct the general policy of the Federal Government;
* II - open, preside and close the meetings of the Council of State;
* III - inform Federal Legislative Assembly on matters relating to the conduct of the country's internal policy;
* IV - deliver annual message to the Federal Legislative Assembly;
* V - appoint and exonerate the Ministers of State;
* VI - coordinate and guide the actions of Ministers of State;
* VII - inform the Monarch on matters related to the conduct of the country's internal policy;
* VIII - call, with the authorization of the Federal Legislative Assembly, a referendum or a plebiscite;
* IX - appoint the First and Second Vice-Presidents of the Council of State.

#### Election

Art. 86th The President of the Council of State is elected by the people by direct, secret and universal vote for a five-year term, after being elected, must be approved by the Federal Legislative Assembly.

* I - the Monarch shall receive the swear and appoint the President of the Council of State;
* II - upon a motion of censure or dissolution of the Council of State, the mandate shall be considered extinct and new elections shall be convened;
	+ a) the elected in the new elections shall have a full term of office.
* III - if the elected is a Senator or a Deputy in the exercise of the position, the President of the Council does not lose the legislative mandate.

#### Ministers of State

Art. 87th The Ministers of State are  direct auxiliares of the President of the Council of State in the Federal Executive Power, freely appointed and exonerated, having to fulfill the following requirements.

* I - be a native-born or naturalized dirkian;
* II - be more than 20 years old on the date of appointment;
* III - be in full exercise of political rights;
* IV - to have completed higher education.

Art. 88th It is incumbent upon the Ministers of State, in addition to other duties established in the Council of State;

* I - to exercise the orientation, coordination and supervision of the organs and entities of the federal administration in the area of its competence and to refer to the acts and decrees signed by the President of the Council of State;
* II - issuing instructions for carrying out the activities of the Ministry;
* III - submit to the Council of State a quarterly report on its management;
* IV - exercise the other attributions delegated by the President of the Council.

#### Federal Councils

Art. 89th By Federal Decree, the President of the Council of State may create and dissolve Federal Councils, subject to the following conditions:

* I - the Federal Council should be about area of relevant public interest;
* II - the members of the Federal Councils will not receive salaries superior to those of the Ministers of State;
* III - the members of the Federal Councils are appointed by the Ministers of State of which the areas of competence are those of the Council;
* IV - respect for national diversity and peculiarity;
* V - respect for constitutional laws and principles.

### Legislative Power

Art. 90th The Federal Legislative Assembly, on behalf of the Monarch, exercises exclusively the Federal Legislative Power.

#### Federal Legislative Assembly

Art. 91th The Federal Legislative Assembly consists of the Chamber of Deputies and the Federal Senate, elected directly by the people for a five-year term.

Art. 92th Unless otherwise provided by this Constitution, the deliberations of the Chambers and their Commissions shall be taken by majority vote, with an absolute majority of its members present.

Art. 93th No one can be Federal Senator and Federal Deputy at the same time.

#### Composition

Art. 94th The Federal Senate is composed of Federal Senators elected in each of the Provinces and the Administrative District, all represented by three Federal Senators.

Sole paragraph: Each Senator will be elected with two substitutes.

Art. 95th The Princes and Princesses become Federal Senators by right when they reach the age of majority.

Art. 96th The Chamber of Deputies composed of Federal Deputies elected in the eight Provinces and in the Administrative District proportionally with the population, no Province or the Administrative District will have more than twenty and less than nine Federal Deputies.

Art. 97th The total number of Federal Deputies per Province and the Administrative District will be established by a complementary law, proportionally to the population, this number shall be readjusted every ten years.

Art. 98th In the event of a vacancy in both Chambers, those not elected with the highest voting in the last election shall be sworn in, unless they hold elected offices.

#### Federal Senate

Art. 99th It is incumbent upon the Federal Senate:

* I - prosecuting and judging the President and the Vice Presidents of the Council of State in crimes of responsibility, as well as the Ministers of State and the Commanders of the Royal Defense Forces in crimes of the same nature related to them;
* II - prosecute and judge the Ministers of the Federal Court of Justice, the Judges of the Federal Constitutional Court, members of the Public Ministry and the General Prosecutor of the Kingdom in crimes of responsibility;
* III - to approve in advance, by secret ballot, after public appeal, the choice of:
	+ a) Magistrates, in the cases established in this Constitution;
	+ b) Judges, when appointed by the President of the Council of State;
	+ c) President and officers of the Royal Bank;
	+ d) General Prosecutor of the Kingdom;
	+ e) Holders of other positions that the law and this Constitution determine.
* IV - to approve, in advance, by secret ballot, after a secret session, the choice of heads of permanent diplomatic mission;
* V - to authorize external operations of a financial nature, in the interest of the Kingdom, the Provinces, the Administrative District and the Cities;
* VI - to establish, at the proposal of the President of the Council of State, global limits for the amount of the consolidated debt of the Kingdom, the Provinces, the Administrative District and the Cities;
* VII - provide for global limits and conditions for external and internal credit operations of the Kingdom, Provinces, Administrative District and Cities, its local authorities and other entities controlled by the Federal Public Power;
* VIII - to provide limits and conditions for granting the Kingdom guarantee in foreign and domestic credit operations;
* IX - establish global limits and conditions for the amount of the securities debt of the Provinces, the Administrative District and the Cities;
* X - suspend the execution, in whole or in part, of a law declared unconstitutional by final decision of the Federal Constitutional Court;
* XI - to approve, by an absolute majority and by secret ballot, the dismissal of the General Prosecutor of the Kingdom before the end of his term;
* XII - prepare its internal regiment;
* XIII - to provide for its organization, operation, police, creation, transformation or extinction of the positions, jobs and functions of its services, and the initiative of law to fix the respective remuneration, observing the parameters established in the law of budget directives;
* XIV - elect members of the Council of the Kingdom;
* XV - periodically evaluate the functionality of the National Tax System, in its structure and components, and the performance of the Kingdom, Provinces, Administrative District and City tax administrations.

Sole paragraph: In the cases provided for in items I and II, the Minister-President of the Federal Court of Justice shall act as President, limiting the conviction, which shall only be rendered by two-thirds of the votes of the Federal Senate, to the loss of the position, with a disqualification, for eight years, for the exercise of public function, without prejudice to other applicable judicial sanctions.

#### Chamber of Deputies

Art. 100th It is incumbent upon the Chamber of Deputies:

* I - to authorize, by two thirds of its members, the prosecution of the President, the Vice Presidents of the Council of State and the Ministers of State;
* II - proceed to the accounts of the Council of State, when not submitted to the Federal Legislative Assembly within sixty days after the opening of the legislative sessions;
* III - prepare its internal regiment;
* IV - to provide for its organization, operation, police, creation, transformation or extinction of the positions, jobs and functions of its services, and the initiative of law to fix the respective remuneration, observing the parameters established in the law of budget directives;
* V - elect members of the Council of the Kingdom.

#### Immunity

Art. 101th The Federal Senators and the Federal Deputies are inviolable, civil and criminal, for any of their opinions, words and votes.

* I - the Federal Senators and Federal Deputies, since the issuance of the diploma, will be submitted to judgment before the Federal Court of Justice;
* II - since the issuance of the diploma, the members of the Federal Legislative Assembly will not be arrested or detained, except in flagrant delicto of an felony crime;
	+ a) in this case, the denunciation shall be sent within twenty-four hours to the respective Chamber, so that, by the vote of a majority of its members, it shall decide on the arrest.
* III - upon receipt of the denunciation against the Federal Senator or Federal Deputy, for a crime that occurred after the reception of the diploma, the Federal Court of Justice shall inform the respective Chamber, which, by initiative of a political party represented therein and by a majority vote of its members, may take the final decision, to stop the progress of the action;
* IV - the request for suspension shall be decided by the respective Chamber within the non-extendable period of forty-five days of its receipt by the Presiding Board;
* V - the suspension of proceedings suspends the limitation period, in the duration of the term;
* VI - the Federal Senators and the Federal Deputies shall not be obliged to testify on information received or provided by reason of the exercise of their term, nor on the persons who entrusted them or received information from them;
* VII - the incorporation to the Royal Defense Forces of Federal Senators and of Federal Deputies, although military and even in time of war, will depend on the authorization of the respective Chamber;
* VIII - the immunities of the Federal Senators and of the Federal Deputies shall survive during the State of Siege, and may only be suspended by a vote of two thirds of the members of the respective Chamber, in cases of acts committed outside the Federal Legislative Assembly, which are incompatible with the implementation of the measure.

Art. 102th The Federal Deputies and the Federal Senators will not, since the issuance of the diploma:

* I - to sign contract with a legal entity governed by public law, autarchy, public company, mixed-capital company or public utility concessionaire, except when the contract obeys uniform clauses;
* II - accept or hold a position, function or paid employment, including those that are demissible, in the entities listed in the previous item.

Art. 103th The Federal Deputies and the Federal Senators will not, since the sworn in:

* I - be owners, controllers or directors of a company that enjoys the benefit of a contract with a legal entity governed by public law, or perform a remunerated function therein;
* II - occupy positions or functions in which they are demissible, in the entities referred to in the previous item;
* III - sponsor cause in which any of the entities referred to in item I is interested;
* IV - to hold more than one elective public office or term.

Art. 104th The Federal Senators and the Federal Deputies will lose their terms:

* I - infringe any of the prohibitions established in this Constitution;
* II - whose procedure is declared incompatible with the parliamentary decorum;
* III - to cease to attend, in each legislative session, one-third of the ordinary sessions of the Chamber to which he or she belongs, except for a license or mission authorized by it;
* IV - who loses or has suspended political rights;
* V - when the Federal Electoral Court decrees, in the cases provided by this Constitution;
* VI - to suffer criminal conviction.

§ 1st It is incompatible with parliamentary decorum, in addition to the cases defined in the internal regiment, abuse of prerogatives granted to a member of the Federal Legislative Assembly or receipt of undue advantages.

§ 2nd In the cases foreseen by this Constitution, the loss of the mandate shall be declared by the Board of the respective Chamber, at the initiative of any of its members or of a political party represented in the Federal Legislative Assembly, with ample defense.

§ 3rd The resignation of a Federal Senator or a Federal Deputy, subject to a process that will or may lead to the loss of the mandate, under the terms of this Constitution, shall have its effects suspended until the final deliberations of the process.

Art. 105th The Federal Senator and the Federal Deputy will not lose their mandate

* I - invested in the position of Royal Secretary, Minister of State, Provincial Secretary, Secretary of the Administrative District, Secretary of Capital City or in temporary diplomatic mission;
* II - licensed by the respective Chamber on account of illness, or to treat, without remuneration, of private interest, provided that in this case, the license does not exceed one hundred and twenty days per legislative session;
* III - admitted into the Royal House;

§ 1st The Substitute shall be called in cases of vacancy, investiture in functions provided for in this Constitution or of a license exceeding one hundred and twenty days;

§ 2nd If there is vacancy and there are no alternates, an additional election will be called if more than six months are left for the end of the term.

§ 3rd The remuneration of the Substitutes shall not exceed fifty percent of the remuneration of the holders.

#### Dissolution

Art. 106th The Monarch has the duty to dissolve the Federal Legislative Assembly, when there is a threat to the national order and stability of the democratic institutions, calling new elections immediately.

Art. 107th The Dissolution shall be communicated immediately to the Council of State, to the President of the Federal Senate and to the President of the Chamber of Deputies by the First Royal Secretary.

Art. 108th Once the Dissolution has been communicated, the Federal Legislative Assembly is provisionally suspended from all its deliberative functions, the Federal Constitutional Court will analyze the constitutionality of the action.

Art. 109th If the absolute majority of the members of the Federal Legislative Assembly submits an opinion against dissolution, all Provincial Legislative Assemblies and the Legislative Chamber of the Administrative District shall vote to annul the Dissolution.

Sole paragraph: If the Dissolution is revoked, the Federal Legislative Assembly is no longer suspended from its functions.

Art. 110th The immunities of the Federal Senators and of the Federal Deputies will remain during the Dissolution.

#### Sessions

Art. 111th The Federal Legislative Assembly meets annually at its seat in Dirkson City, from January 15 to June 15 and from July 15 to December 15.

Sole paragraph: During the recess, a Representative Delegated Commission composed by five Federal Senators and five Federal Deputies elected by their respective Chambers will represent the Federal Legislative Assembly and exercise the following functions:

* I - convene formally the Federal Legislative Assembly for extraordinary sessions;
* II - authorize the Monarch to leave the national territory;
* III - authorize the Council of State to decree urgent additional appropriations;
* IV - other attributions defined by this Constitution and by law.

Art. 112th In addition to other cases provided by this Constitution, the Federal Senate and the Chamber of Deputies will meet in joint session to:

* I - receive a constitutional oath from the Monarch and the Apparent Heir;
* II - receive a constitutional oath from the Council of State;
* III - to inaugurate the legislative session;
* IV - to elaborate the common regiment and to regulate the creation of services common to the two Chambers;
* V - deliberate on vetos;
* VI - revoke Royal Decrees;
* VII - elect a new Monarch;
* VIII - elect a new Apparent Heir.

Art. 113th The two Chambers will elect their Presiding Board on the first day of the legislative session for one-year terms, with subsequent reelection prohibited.

Art. 114th The Presiding Board of the Federal Legislative Assembly shall be chaired by the President of the Federal Senate, with the other positions being alternately occupied by equivalent members in the two Chambers.

Art. 115th The Federal Legislative Assembly shall be convened extraordinarily:

* I - by the President of the Federal Senate, in case of a decree of the State of Defense or in case of Federal Intervention, request for authorization for the decree of State of Siege and for the constitutional oath of the Monarch, of the Apparent Heir and of the Council of State;
* II - by the President of the Council of State, of the Federal Senate and of the Chamber of Deputies or at the request of the majority of the members of both Chambers, in case of urgency or relevant public interest, in all cases with the authorization of the majority of the members of the Federal Legislative Assembly;

Art. 116th The extraordinary legislative session will only deliberate the matter for which it was convened, except in the relevant public interest.

#### Commissions

Art. 117th The Federal Senate and the Chamber of Deputies will have permanent and temporary commissions, constituted and with their attributions provided for in the respective regiment or in the act that results in its creation.

Art. 118th In the constitution of the Presiding Boards and of each Commission, the proportional representation of the parties or of the parliamentary blocs participating in the respective Chamber is ensured as far as possible.

Art. 119th It is up to the Commissions, due to matters within their competence:

* I - discuss and vote on projects of laws, in the form of the regiment;
* II - conduct public hearings with civil society entities;
* III - to convene the Royal Secretaries and the Ministers of State to provide information on matters inherent to their assignments;
* IV - to receive petitions, reclamations, representations or complaints from any person against acts or omissions of the authorities or public entities;
* V - request testimony from any authority or citizen;
* VI - to evaluate programs of works, national, regional and sectoral development plans and to issue opinions on them.

Art. 120th The legislative commissions of inquiry, which shall have investigative powers of the judicial authorities, in addition to others provided for in this Constitution and in the regiments of the respective Chambers, shall be created jointly or separately by the Federal Senate and the Chamber of Deputies, upon request of one third of its members, for the determination of a determined fact and for a certain period of time, and its conclusions, if appropriate, are forwarded to the Public Ministry, so as to promote the civil or criminal liability of the offenders.

Art. 121th During the recess, there will be a Representative Commission of the Federal Legislative Assembly, elected by both Chambers in the last ordinary session before recess, with its assignments defined in the common regiment, whose composition will reproduce, as far as possible, the proportionality of party representation.

§ 1st It is the responsibility of the Representative Commission:

* I - to call, when in recess, extraordinarily the Federal Legislative Assembly;
* II - provide assistance to Federal Senators and Federal Deputies;
* III - receive and issue the official communication of the Federal Legislative Assembly;
* IV - to authorize the Monarch, the President of the Council and the Apparent Heir to leave the Country for more than ten days;
* V - supervise the acts of the Federal Administration;
* VI - the other duties defined in the Common Regiment.

§ 2nd Upon dissolution of the Federal Legislative Assembly, if the members of the Commission have not been elected, the members elected in the previous recess shall return to the positions in the Commission.

#### Legislative Process

Art. 122th The legislative process includes the elaboration of:

* I - Amendments to the Constitution;
* II - Complementary Laws;
* III - Laws;
* IV - Legislative Decrees;
* V - Resolutions;
* VI - Royal Orders.

Sole paragraph: Complementary law will provide for the elaboration, drafting and alteration of laws.

#### Amendments to the Constitution

Art. 123th The Constitution may be amended by proposal:

* I - of the Monarch;
* II - of, at least, one-third of the members of the Federal Senate and of the Chamber of Deputies;
* III - of the President of the Council of State;
* IV - of, at least, half of the Legislative Assemblies of the Provinces and the Administrative District, signed by the majority of its members.

Art. 123th The Constitution can not be amended in the period of interregnum, federal intervention, state of defense or state of siege.

Art. 124th The proposal shall be discussed and voted on in each Chamber of the Federal Legislative Assembly, and shall be deemed approved if it have, in both Chamber, three fifths of the votes of the respective members.

Art. 125th The Amendment to the Constitution shall be enacted by the Boards of the Federal Senate and of the Chamber of Deputies, and shall be approved by the Monarch.

Art. 126th Shall not be the subject of deliberation the proposed amendment to abolish;

* I - the life and integrity of the Monarch and of the Apparent Heir;
* II - the Federated State;
* III - the direct, secret, universal and periodic vote;
* IV - the individual rights and guarantees;
* V - the national Sovereignty and Integrity;
* VI - the separation of Powers.

Art. 127th The subject matter of a proposed amendment rejected or considered as impaired can not be subject to a new proposal at the same legislative session.

#### Laws

Art. 128th The projects of laws will be debated and voted in plenary in a legislative session, considering it approved if it obtains a simple majority of the votes, not being object of deliberation the project that presents discriminatory content.

* I - can present projects of laws:
	+ a) the Monarch;
	+ b) the President of the Council of State;
	+ c) the Federal Senators and the Federal Deputies;
	+ d) popular initiative;
	+ e) other in the cases provided by this Constitution.
* II - the Monarch and the President of the Council of State can request that the projects of their initiative proceed urgently;
* III - if the Chamber where the project was presented does not deliberate within forty-five days, the project shall be included in the agenda until the vote is completed;
* IV - the Common Regiment shall regulate the cases of Legislative Decree and of Resolution whose elaboration, alteration and consolidation shall be made in compliance with the same technical rules related to the laws.

Art. 129th Approved the Project, in the regimental form, it will be sent to the Monarch that will sign or veto it.

* I - if the Monarch judges the project unconstitutional or against to the public interest, it will veto it in whole or in part within fifteen days from the date of approval, communicating to the President of the Federal Senate the reason for the veto;
* II - the integral veto cover the whole project, the partial, one article, item or paragraph;
* III - after the fifteen days without deliberation, the project is considered sanctioned;
* IV - the Federal Legislative Assembly shall deliberate on the vetoed matter within thirty days of its receipt, considering that the veto is overturned when it obtains the favorable vote of the majority of its members;
* VI - after expiration of the deadline established for the resolution of the veto, it shall proceed urgently;
* VII - if the veto is rejected, the bill will be sent for promulgation to the President of the Federal Senate;
* VIII - if the Law is not promulgated by the President of the Federal Senate within five days, it will be incumbent upon the President of the Chamber of Deputies to do so within the same period.

### Judiciary Power

Art. 130th The Federal Court of Justice, the Federal Constitutional Court, the Superior Courts and the Judges, on behalf of the Monarch, exercises exclusively the Federal Judiciary Power.

Art. 131th Compose the National Judiciary Power:

* I - the Federal Court of Justice;
* II - the Federal Constitutional Court;
* III - the Federal Courts in each Province and in the Administrative District;
* IV - the Federal Judges;
* V - the Federal Electoral Court, the Provincial Electoral Courts and the Electoral Judges;
* VI - the Federal Labour Court, the Provincial Labour Courts and the Labour Judges;
* VII - Federal Military Court, the Provincial Military Courts and the Military Judges;
* VIII - the Courts of Justice of the Provinces and the Administrative District.

Art. 132th The Federal Court of Justice, the Federal Constitutional Court and the Superior Courts are seated in Dirkson City.

Art. 133th The Federal Court of Justice, the Federal Constitutional Court and the Superior Courts have national jurisdiction.

#### Federal Justice

Art. 134th The Kingdom is responsible for maintaining and defraying the Federal Justice and its services, in accordance with the law.

Sole paragraph: Complementary law, shall provide for the Statute of the Magistracy, following the principles of this Constitution.

#### Federal Court of Justice

Art. 135th The Federal Court of Justice exercises, exclusively, the functions of court of last instance in the entire national territory.

Art. 136th It is the responsibility of the Federal Court of Justice:

* I - process and judge, originally:
	+ a) in common criminal offenses, the President of the Council, the Vice Presidents, the members of the Federal Legislative Assembly, its own Ministers and the General Prosecutor of the Kingdom;
	+ b) in common criminal offenses and in crimes of responsibility, the Royal Secretaries, Ministers of State and the Commanders of the Royal Defense Forces, except as provided in the item I of the article 99th, members of the Superior Courts and permanent heads of diplomatic missions;
	+ c) habeas corpus, being patient any of the persons referred to in the previous paragraphs; the writ of mandamus and habeas data against acts of the President of the Council, the Presiding Boards of the Federal Senate and of the Chamber of Deputies, the General Prosecutor of the Kingdom and the Federal Court of Justice itself;
	+ d) litigation between Foreign State or international organization with the Kingdom, the Province, the Administrative District or the City;
	+ e) the causes and conflicts between the Kingdom and the Provinces, the Kingdom and the Administrative District, or between one and another, including the respective entities of the indirect administration;
	+ f) extradition requested by a Foreign State;
	+ g) habeas corpus, when the co-author is a Superior Court or when the author or the patient is an authority or official whose acts are directly subject to the jurisdiction of the Federal Court of Justice or the Federal Constitutional Court, or is a crime subject to the same jurisdiction in a single instance;
	+ h) the criminal review and the rescission action of its judged;
	+ i) a claim for the preservation of its competence and guarantee of the authority of its decisions;
	+ j) execution of a judgment in the cases of its original jurisdiction, with the delegation of powers to practice procedural acts;
	+ k) action in which all members of the judiciary are directly or indirectly interested, and one in which more than half of the members of the court of origin are impeded or are directly or indirectly interested;
	+ l) conflicts of jurisdiction between the Federal Court of Justice, the Federal Constitutional Court, the Federal Courts or any court, between Superior Courts, or between them and any other court;
	+ m) actions against the Federal Justice and against the General Prosecutor of the Kingdom.
	+ n) habeas corpus, the writ of warrant, the habeas data and the writ of injunction decided in a sole instance by the Superior Courts, if the decision is denied;
	+ o) political crime.

#### Ministers

Art. 137th The Federal Court of Justice consists of seventeen magistrates appointed by the Council of State, approved by the Federal Senate and nominated by the Monarch for a life term.

Art. 138th The Ministers should be appointed after fulfilling the following requirements:

* I - minimum age of forty years on the date of the indication;
* II - unblemished reputation;
* III - not having political-party affiliation;
* IV - advanced legal knowledge;
* V - full tertiary education.

Sole paragraph: The Ministers will go through a supervision in the Federal Senate to prove their outstanding legal knowledge.

#### Minister-President

Art. 139º The Minister-President of the Federal Court of Justice will be a rotating position among the Ministers, with each one occupying it for two years, in order of appointment, with the next to assume being the Minister-Vice-President.

Art. 140º The attributions of the Minister-President are:

* I - ensure the prerogatives of the Court;
* II - represent the Court to the other powers and authorities;
* III - direct the work and preside over the plenary sessions, fulfilling and enforcing the Internal Regiment;
* IV - others established in the Internal Regiment.

#### Federal Constitutional Court

Art. 141th The Federal Constitutional Court exercises, exclusively, the Guardianship of the Constitution and the functions of constitutional court in the entire national territory.

Art. 142th It is the responsibility of the Federal Constitutional Court:

* I - process and judge, originally:
	+ a) the direct action of unconstitutionality of federal or provincial law or normative act and the declaratory action of constitutionality of federal law or normative act;
	+ b) a claim for the preservation of its competence and guarantee of the authority of its decisions;
	+ c) the request for a precautionary measure of direct actions of unconstitutionality;
	+ d) the injunction, when the elaboration of the regulatory norm is attributed to the President of the Council, the Federal Legislative Assembly, the Federal Senate, the Chamber of Deputies, the Presiding Boards of one of these Legislative Chambers, one of the Superior Courts, or the Federal Constitutional Court itself.
* II - to judge, by means of an extraordinary appeal, the cases decided in one or more instances, when the contested decision:
	+ a) to contravene the provisions of this Constitution;
	+ b) declare the unconstitutionality of a treaty or federal law;
	+ c) consider valid local law challenged in the face of federal law.

Art. 143th The argue of non-compliance with fundamental precept, resulting from this Constitution, will be assessed by the Federal Constitutional Court, according to the law.

Sole paragraph: The final decisions of merit rendered by the Federal Constitutional Court in direct actions of unconstitutionality and in declaratory actions of constitutionality will produce effectiveness against all and a binding effect on the other organs of the Judiciary Power and the direct and indirect public administration in the federal, state and local spheres.

Art. 144th In an extraordinary appeal, the appellant must demonstrate the general repercussion of the constitutional issues discussed in the case, under the terms of the law, in order for the Court to examine the admission of the appeal, and may only reject it by the manifestation of two-thirds of its members.

#### Constitutionality

Art. 145th Can propose direct action of unconstitutionality and declaratory action of constitutionality:

* I - the Monarch;
* II - Council of State;
* III - the Presiding Board of the Federal Senate;
* IV - the Presiding Board of the Chamber of Deputies;
* V - the Presiding Boards of the Legislative Assemblies and the Presiding Board of the Legislative Chamber of the Administrative District;
* VI - the Governor of Province or of the Administrative District;
* VII - the General Prosecutor of the Kingdom;
* VIII - political party with representation in the Federal Legislative Assembly.

§ 1st The General Prosecutor of the Kingdom must be previously heard in the actions of unconstitutionality;

§ 2nd If declared unconstitutional by omission of measure to make effective constitutional norm, will be given to the competent Power for the adoption of the necessary measures and, in the case of an administrative body, to do so in sixty days;

§ 3rd When the Federal Constitutional Court assesses the unconstitutionality, in theory, of a legal norm or a normative act, it will first cite the Advocate-General of the Kingdom, who will defend the contested act or text;

§ 4º The Federal Constitutional Court may, by message or through provocation, by decision of an absolute majority of its members, after repeated decisions on constitutional matter, approve a summary that, from its publication in the official journal, will have binding effect in relation to to the other organs of the Judiciary and to the direct and indirect public administration, in the federal, provincial and local spheres, as well as to review or cancel it, in the form established by law;

§ 5º The purpose of the summary shall be the validity, interpretation and effectiveness of specific rules, concerning which there is current controversy between judicial bodies or between these and the public administration that entails serious legal uncertainty and relevant multiplication of processes on an identical question;

§ 6º Without prejudice to what is established by law, the approval, revision or cancellation of a summary may be provoked by those who may propose a direct action of unconstitutionality.

Art. 146th The procedure for regulating direct actions of unconstitutionality shall be established by law.

#### Judges

Art. 147th The Federal Constitutional Court consists of twenty-one magistrates appointed by the Council of State, approved by the Federal Senate and nominated by the Monarch for a life term.

Art. 148th The Judges should be appointed after fulfilling the following requirements:

* I - minimum age of forty years on the date of the indication;
* II - unblemished reputation;
* III - not having political-party affiliation;
* IV - advanced legal knowledge;
* V - full tertiary education.

Sole paragraph: The Judges will go through a supervision in the Federal Senate to prove their outstanding legal knowledge.

#### Judge-President

Art. 149th The Judge-President of the Federal Constitutional Court will be a rotating position among the Judges, with each one occupying it for two years, in order of appointment, with the next to assume being the Judge-Vice-President.

Art. 150th The attributions of the Judge-President are:

* I - ensure the prerogatives of the Court;
* II - represent the Court to the other powers and authorities;
* III - direct the work and preside over the plenary sessions, fulfilling and enforcing the Internal Regiment;
* IV - others established in the Internal Regiment.

#### Federal Courts and Federal Judges

Art. 151th The Federal Justice is composed by:

* I - the Federal Courts in each Province and in the Administrative District;
* II - the Federal Judges.

Art. 152th The Federal Courts consist of at least eleven judges, recruited, whenever possible, in the respective Province and in the Administrative District and appointed by the Monarch among dirkians over thirty and less than sixty-five years of age.

Art. 153th The Judges shall enjoy the following guarantees:

* I - life term, which, in the first degree, will only be acquired after two years of exercise, with the loss of the position, during this period, of a decision by the court to which the court is bound, and, in other cases, judged;
* II - irremovability, except for reasons of public interest, in the form of law;
* III - irreducibility of salaries, observed, as to the remuneration that the law determines.

Art. 154th Is forbidden to the Judges:

* I - to exercise, although in availability, another position or function, except of teaching;
* II - receive, under any title or pretext, costs or participation in proceedings;
* III - dedicate themselves to political-partisan activity;
* IV - receive, under any title or pretext, aid or contributions from persons, public or private entities, subject to exceptions provided for by law;
* V - to exercise advocacy in the court from which he retired, before three years have elapsed from his exit from office for retirement or exoneration.

Art. 155th It is up to the courts:

* I - elect its governing bodies and draw up its internal regiments, observing the procedural rules and procedural guarantees of the parts, providing for the jurisdiction and functioning of the respective jurisdictional and administrative bodies;
* II - organize its secretariats and auxiliary services and those of the judgments that are linked to them, watching over the exercise of the respective corrective activity;
* III - provide, as established in this Constitution, the positions in the judge career in the respective jurisdiction;
* IV - propose the creation of new judicial branches;
* V - provide, by public tender and titles, the positions necessary for the administration of Justice, except those of confidence so defined by law;
* VI - grant license, vacation and clearances to its members and to the judges and servants who are immediately bound to them.

Art. 156th It is up to the Federal Court of Justice, the Federal Constitutional Court and the Superior Courts to propose to the respective Legislative Power:

* I - the change in the number of members in the lower courts;
* II - the creation and dismissal of positions and the fixing of salaries for its members, judges, including in lower courts, and if where applicable, to auxiliary services and processes attached to them;
* III - the creation or extinction of lower courts;
* IV - change in the judicial organization and division.

Art. 157th It is up to the Courts of Justice to judge the Provincial and Administrative District Judges, as well as members of the Public Ministry, in common crimes and responsibility, except for the jurisdiction of the Federal Electoral Court.

Art. 158th Only by the vote of the absolute majority of its members or of the members of the respective special body, may the courts declare the unconstitutionality of a law or normative act of the Public Power.

Art. 159th It is up to the Federal Courts:

* I - process and judge, originally:
	+ a) in common crimes, the Governors of the Provinces and of the Administrative District, and, in these and those of responsibility, the judges of the Courts of Justice of the Provinces and of the Administrative District, the Provincial Courts, the Provincial Electoral Courts and the Provincial Labor Courts, the members of the Public Ministry who officiate before the courts;
	+ b) writs of mandamus and habeas data against the act of Royal Secretary, of Minister of State, of Commanders of the Royal Defense Forces or of the Court itself;
	+ c) habeas corpus, when the co-author or patient is any of the persons mentioned before, or when the co-author is a court subject to his or her jurisdiction, Royal Secretary, Minister of State or Commander of the Royal Defense Forces, preserved the competence of the Electoral Justice;
	+ d) conflicts of jurisdiction between any courts, except for another provisions in this Constitution, as well as between courts and judges who are not bound by it and between judges who are attached to different courts;
	+ e) the criminal reviews and the restoral actions of its judges;
	+ f) the claim for the preservation of its competence and guarantee of the authority of its decisions;
	+ g) conflicts of attributions between administrative and judicial authorities of the Kingdom, or between judicial authorities of one Province and administrative bodies of another or of the Administrative District, or between these and the Kingdom;
	+ h) the injunction, when the elaboration of the regulatory norm is attribution of a federal body, entity or authority, of the direct or indirect administration, excepting the cases of jurisdiction of the Federal Court of Justice and of the Military Justice, Electoral Justice, Labor Justice and Federal Justice;
	+ i) the homologation of foreign judgments and the granting of exequatur to rogatory letters;
* II - to judge, in ordinary appeal:
	+ a) habeas corpus decided in a single or final instance by the Federal Courts or by the courts of the Provinces and of the Administrative District, when the decision is denied;
	+ b) security warrants decided in a single instance by the Federal Courts or by the courts of the Provinces and of the Administrative District, when denying the decision;
	+ c) the cases in which they are parties Foreign State or international organization, on one side, and on the other, City or person resident or domiciled in the Country.
* III - to judge, in a special appeal, the cases decided, in a single or final instance, by the Federal Courts or by the courts of the Provinces and of the Administrative District, when the contested decision:
	+ a) oppose a treaty or federal law, or deny them validity;
	+ b) judge valid local government act challenged in the face of federal law;
	+ c) give the federal law differing interpretation from that conferred on it by another court.

#### Electoral Justice

Art. 160th Are the organs of the Electoral Justice:

* I - the Federal Electoral Courts;
* II - the Provincial Electoral Courts;
* III - the Electoral Judges.

#### Federal Electoral Court

Art. 161th The Federal Electoral Court consists of eleven magistrates appointed by the Council of State, approved by the Federal Senate and nominated by the Monarch for a ten years-term.

Single paragraph: The Federal Electoral Court shall elect its Judge-President and the Judge-Vice-President from among the Judges.

Art. 162th The Judges should be appointed after fulfilling the following requirements:

* I - minimum age of forty years on the date of the indication;
* II - unblemished reputation;
* III - not having political-party affiliation;
* IV - advanced legal knowledge;
* V - full tertiary education.

Sole paragraph: The Judges will go through a supervision in the Federal Senate to prove their outstanding legal knowledge.

Art. 163th It is up to the Federal Electoral Court to process and judge originally:

* I - registration and annulment of registration of political parties and candidates for the Presidency of the Council of State;
* II - electoral crimes;
* III - the habeas corpus or writ of mandamus on electoral matters, relating to acts of the President of the Council, the Royal Secretaries, the Vice Presidents of the Council and the Ministers of State;
* IV - challenges to the determination of the general result, proclamation of the elect and issuance of a diploma in the election of President of the Council;
* V - the rescissory action, in cases of ineligibility, provided that it is filed within one hundred and twenty days of unappealable decision, making it possible to exercise the elective term until its final res judicata.

Art. 164th The decisions of the Federal Electoral Court are irreversible, except those that contradict this Constitution and the denigrates of habeas corpus or writ of mandamus.

#### Provincial Electoral Courts and Electoral Judges

Art. 165th There will be a Provincial Electoral Court in the capital of each Province and a Districtal Electoral Court in the Administrative District.

§ 1st The Provincial Electoral Courts will be composed by:

* I - by election in secret ballot:
	+ a) two judges from among the judges of the Court of Justice;
	+ b) two judges, chosen by the Court of Justice from among other judges.
* II - a judge of the Federal Court with headquarters in the Province Capital or in the Administrative District, or, failing that, of a federal judge, chosen, in any case, by the respective Federal Court;
* III - by appointment by the Governor of the Province and of the Administrative District of two judges from among six lawyers of outstanding legal knowledge and moral repute as indicated by the Court of Justice.

§ 2nd The Provincial Electoral Court will elect it Judge-President and Judge-Vice-President among the Judges.

Art. 166th Complementary law shall provide for the organization and jurisdiction of courts, judges and electoral boards.

§ 1st The members of the courts, the judges and the members of the electoral boards, in the performance of their duties, and in what applies to them, shall enjoy full guarantees and shall be irremovable.

§ 2nd The judges of the Provincial Electoral Courts, except for a justified reason, shall serve for two years, at least, and not for more than two consecutive terms, and the substitutes shall be chosen on the same occasion and by the same process, in equal numbers for each category.

Art. 167th The decisions of the Provincial Electoral Courts will only be appealed when:

* I - are pronounced against express provision of this Constitution or of law;
* II - there is a divergence in interpretation of law between two or more electoral courts;
* III - relate to ineligibility or issuance of diplomas in federal or provincial elections;
* IV - annul diplomas or decree the loss of federal or provincial elective mandates;
* V - deny habeas corpus, writ of mandamus, habeas data or writ of injunction.

#### Political Rights

Art. 168th Popular sovereignty is exercised by universal suffrage and by direct and secret voting, with equal value for all, and, according to the law, by:

* I - plebiscite;
* II - referendum;
* III - popular initiative

§ 1st Electoral enlistment and voting are optional.

§ 2nd Foreigners can not be registered as voters.

§ 3rd The conditions of eligibility are, according to the law

* I - dirkian nationality;
* II - the full exercise of political rights;
* III - the electoral enlistment.

Art. 169th The complementary law will establish other cases of ineligibility and the terms of its termination, in order to protect the administrative probity, morality for the exercise of a mandate considered to be the candidate's previous life, and the normality and legitimacy of the elections against the influence of economic power or the abuse of the exercise of function, position or employment in the direct or indirect administration.

Art. 170th The elective term can be challenged before the Electoral Justice within fifteen days from the proclamation, instructed the action with evidence of abuse of economic power, corruption or fraud.

Art. 171th The action of impugnation of mandate shall be handled in secrecy of justice, answering the author, according to the law, whether reckless or manifestly bad faith.

Art. 172th The cancellation of political rights is prohibited, whose loss or suspension will only occur in the cases of:

* I - cancellation of naturalization by a final judgment;
* II - absolute civil incapacity;
* III - final criminal conviction, for the duration of its effects;
* IV - refusal to fulfill obligation imposed on everyone or alternative provision;
* V - administrative misconduct.

#### Political Parties

Art. 173th The creation, fusion, incorporation and extinction of political parties is free, protected national sovereignty, democratic regime, multiparty, fundamental rights of the human person and observed the following precepts:

* I - national character;
* II - prohibition of receiving financial resources of a foreign entity or government or of subordination to them;
* III - reporting to the Electoral Justice;
* IV - parliamentary functioning in accordance with the law.

Sole paragraph: The registration of independent candidates will be allowed.

Art. 174th To political parties are guaranteed autonomy to define their internal structure, organization and functioning.

Art. 175th The political parties, after acquiring legal personality, in the form of the civil law, will register their statutes in the Federal Electoral Court.

Art. 176th The use by the political parties of a paramilitary organization is prohibited.

#### Labour Justice

Art. 177th Are the organs of the Labour Justice:

* I - the Federal Labour Courts;
* II - the Provincial Labour Courts;
* III - the Labour Judges.

#### Federal Labour Court

Art. 178th The Federal Labour Court consists of eleven magistrates appointed by the Council of State, approved by the Federal Senate and nominated by the Monarch for a ten years-term.

Single paragraph: The Federal Labour Court shall elect its Judge-President and the Judge-Vice-President from among the Judges.

Art. 179th The Judges should be appointed after fulfilling the following requirements:

* I - minimum age of forty years on the date of the indication;
* II - unblemished reputation;
* III - not having political-party affiliation;
* IV - advanced legal knowledge;
* V - full tertiary education.

Sole paragraph: The Judges will go through a supervision in the Federal Senate to prove their outstanding legal knowledge.

Art. 180th It is incumbent upon the Labor Justice to process and judge:

* I - actions arising from the employment relationship, which include the entities of external public law and the direct and indirect public administration of the Kingdom, the Provinces, the Administrative District and the Cities;
* II - actions involving the exercise of the right to strike;
* III - actions on union representation, between unions, between unions and workers, and between unions and employers;
* IV - security warrants, habeas corpus and habeas data, when the act in question involves subject matter within its jurisdiction;
* V - conflicts of jurisdiction between bodies with labor jurisdiction;
* VI - actions for compensation for moral or property damage arising from the employment relationship;
* VII - actions relating to administrative penalties imposed on employers by the supervisory bodies for labor relations;
* VIII - the execution of the social contributions and their legal additions, resulting from the sentences that it judge;
* IX - other disputes arising out of the employment relationship, in the form of the law.

#### Provincial Labour Courts and Labour Judges

Art. 181th There will be a Provincial Labour Court in the capital of each Province and a Districtal Labour Court in the Administrative District.

Sole paragraph: Complementary Law shall provide for the jurisdiction of the Provincial Labor Courts and Labor Judges.

#### Military Justice

Art. 182th Are the organs of the Military Justice:

* I - the Federal Military Courts;
* II - the Provincial Military Courts;
* III - the Military Judges.

#### Federal Military Court

Art. 183th The Federal Military Court consists of eleven magistrates appointed by the Council of State, approved by the Federal Senate and nominated by the Monarch for a life term.

§ 1st The Federal Military Court shall elect its Judge-President and the Judge-Vice-President from among the Judges.

§ 2nd From the eleven judges:

* a) three need to be officials of the Royal Army;
* b) three need to be officials of the Royal Navy;
* c) three need to be officials of the Royal Air Force;
* d) two need to be former officials appointed by the Monarch.

Art. 184th The Judges should be appointed after fulfilling the following requirements:

* I - minimum age of forty years on the date of the indication;
* II - unblemished reputation;
* III - not having political-party affiliation;
* IV - advanced legal knowledge;
* V - full tertiary education.

Sole paragraph: The Judges will go through a supervision in the Federal Senate to prove their outstanding legal knowledge.

Art. 185th The Military Justice is responsible for prosecuting and prosecuting military crimes defined by law.

Art. 186th The law shall provide for the organization, operation and competence of the Military Justice.

#### Provincial Military Courts and Military Judges

Art. 187th There will be a Provincial Military Court in the capital of each Province and a Districtal Military Court in the Administrative District.

Sole paragraph: Complementary Law shall provide for the jurisdiction of the Provincial Military Courts and Military Judges.

## Title IV

### Justice

Art. 188th Justice is a right of all citizens, guaranteed wide defense.

### Public Ministry

Art. 189th The Public Ministry is a permanent institution, essential to the judicial function of the State, which is responsible for defending the legal order, the democratic regime, social interests and unavailable individual interests.

Art. 190th The Public Ministry is guaranteed functional and administrative autonomy, being able to propose to the Legislative Power the creation and extinction of its positions and auxiliary services, providing them by public competition for evidence or evidence and titles, remuneration policy and career plans; the law shall provide for its organization and operation.

Art. 191th The Public Ministry covers:

* I - the Public Ministry of the Kingdom, composed by:
	+ a) Federal Public Ministry;
	+ b) Labour Public Ministry;
	+ c) Military Public Ministry
	+ d) Electoral Public Ministry;
	+ e) Public Ministry of the Administrative District.
* II - Public Ministry of the Provinces.

Art. 192th The institutional functions of the Public Ministry are:

* I - to promote, privately, the public criminal action, in the form of the law;
* II - to ensure the effective respect of the Public Powers and the services of public relevance to the rights guaranteed in this Constitution, promoting the necessary measures for their guarantee;
* III - promote civil inquiry and public civil action, for the protection of public and social heritage, the environment and other diffuse and collective interests;
* IV - to promote unconstitutionality or representation for the purpose of intervention by the Union and the States, in the cases provided for in this Constitution;
* V - defend judicially the rights and interests of the population;
* VI - dispatch notifications in the administrative procedures of its competence, requesting information and documents to instruct them, in the form of the respective complementary law;
* VII - to exercise external control over police activity, in the form of a complementary law;
* VIII - to request investigative investigations and the initiation of a police investigation, indicating the legal bases of its procedural manifestations;
* IX - to carry out other functions conferred upon it, provided that they are compatible with its purpose, and judicial representation and legal advice from public entities are prohibited.

#### General Prosecutor of the Kingdom

Art. 193th The Public Ministry of the Kingdom is headed by the General Prosecutor, appointed by the Monarch among the members, over the age of thirty-five, after the approval of his name by an absolute majority of the members of the Federal Senate, for a two-year term, allowed to be renewed.

§ 1st The dismissal of the General Prosecutor, on the initiative of the Monarch, shall be preceded by authorization of the absolute majority of the Federal Senate.

§ 2nd The provision in the Article 193th applies to the General Prosecutors of the Provinces and of the Administrative District, with the appointment of the Governor and approval by the respective Legislative Assembly.

§ 3rd Complementary laws of the Kingdom, of the Provinces and of the Administrative District, whose initiative is available to the respective General Prosecutors, shall determine the organization, attributions and the statute of each Public Ministry, observed, with respect to its members:

* I - the following guarantees:
	+ a) life term, after two years of exercise, not being able to lose the position except by a final sentence;
	+ b) irremovability, except for reasons of public interest, by decision of the competent collegiate body of the Public Ministry, by a vote of an absolute majority of its members, with a broad defense;
	+ c) irreducibility of subsidy.
* II - the following prohibitions:
	+ a) receive, under any title or and under any pretext, fees, percentages or procedural costs;
	+ b) exercise advocacy;
	+ c) participate in a commercial society, in accordance with the law;
	+ d) to exercise, although in availability, any other public function, except one of teaching;
	+ e) receive, under any title or pretext, aids or contributions from persons, public or private entities, excepting exceptions provided by law.

### Public Advocacy

Art. 194th The General Advocacy of the Kingdom is the institution that, directly or through a related body, represents the Kingdom, judicially and extrajudicially, under the terms of the complementary law that provides for its organization and functioning, the legal advice and advisory activities of the Federal Executive Power.

Art. 195th The General Advocacy of the Kingdom is headed by the General Advocate of the Kingdom, freely appointed by the President of the Council and nominated by the Monarch among citizens over thirty-five years of age, with outstanding legal knowledge and unimpaired reputation.

§ 1st The General Advocates of the Provinces and of the Administrative District shall perform the legal representation and legal advice of the respective federated units.

§ 2nd The General Advocates referred to in this article are assured stability in the respective  institution after three years of effective exercise, through evaluation of performance before the proper organs, after a detailed report.

### Lawyer

Art. 196th The lawyers are indispensable to the Justice, being inviolable by their acts and manifestations in the exercise of the profession, within the limits of the law.

### Public Defensorship

Art. 197th The Public Defensorship is a permanent institution, essential to the judicial function of the State, entrusting to it, as an expression and instrument of the democratic regime, fundamentally legal guidance, promotion of human rights and defense, to all judicial and extrajudicial degrees, of individual and collective rights, in an integral and gratuitous way, to the needy, in the form of this Constitution.

Sole paragraph: Complementary law will organize the Public Defensorship of the Kingdom and the Administrative District and will prescribe general norms for its organization in the Provinces, in career positions, provided, in the initial class, by means of a public competition of tests and titles, assuring its members the guarantee of immobility and prohibits the practice of advocacy outside institutional attributions.

Art. 198th To the Public Defensorships of the Provinces are guaranteed functional and administrative autonomy and the initiative of its budget proposal within the limits established in the law of budget directives.

Art. 199th The institutional principles of the Public Defensorship are unity, indivisibility and functional independence.

## Title V

### Taxes

Art. 200th The Kingdom, the Provinces, the Administrative District and the Cities can institute the following tributes:

* I - taxes;
* II - fees, due to the exercise of police power or the actual or potential use of specific and divisible public services provided to or made available to the taxpayer;
* III - contribution of improvement, resulting from public works.

Sole paragraph: The fees may not have a tax basis.

Art. 201th Whenever possible, taxes will have personal character and will be graded according to the economic capacity of the taxpayer, given to the tax administration, especially to confer effectiveness on those objectives, to identify, respecting individual rights and in accordance with the law, income and economic activities of the taxpayer.

Art. 202th The Complementary law will:

* I - dispose of conflicts of jurisdiction, in matters of taxation, between the Kingdom, the Provinces, the Administrative District and the Cities;
* II - to regulate the constitutional limitations to the power to tax;
* III - to establish general rules on tax legislation.

## Title VI

### National Defense

Art. 203th The Royal Defense Forces, consisting of the Royal Navy, the Royal Army and the Royal Air Force, are permanent and regular national institutions, organized on the basis of hierarchy and discipline, under the supreme authority of the Monarch, and are intended for the defense of the Motherland, constitutional powers and, at the initiative of any of them, of law and order.

§ 1st The Monarch is the Supreme Commander-in-Chief of the Royal Defense Forces.

§ 2nd Complementary law shall establish the general norms to be adopted in the organization, preparation and employment of the Royal Defense Forces.

§ 3rd There will be no habeas corpus in relation to military disciplinary punishments.

Art. 204th The members of the Armed Forces are denominated military, applying to them, besides those that will be fixed by law, the following dispositions:

* I - rank, with prerogatives, rights and duties inherent thereto, are conferred by the Monarch and fully assured to the officers in the active, reserve or retired, being the titles and military posts exclusive to them and, together with the other members, the use of uniforms of the Royal Defense Forces;
* II - the officer in activity that takes position of civil permanent public employment, except for the hypothesis of medical work and teaching, will be transferred to the reserve, according to the law;
* III - the military officer who, according to the law, takes possession of a position, job or temporary civil public function, not elective, even if in indirect administration, except for the hypothesis of medical work and teaching, will be added to the respective staff and only may remain in the position of being promoted for seniority, and shall count the time of service only for that promotion and transfer to the reserve, after two years of leave, whether continuous or not, transferred to the reserve, under the terms of law;
* IV - the military is prohibited to unionize and strike;
* V - the military, while in active service, can not be affiliated with political parties;
* VI - the officer will only lose the rank if it is judged unworthy of the position or incompatible with it, by decision of a permanent military court, in time of peace, or of special court, in time of war;
* VII - an officer sentenced in common or military justice to a custodial sentence of more than two years, by a final decision, shall be submitted to judgment;
* VIII - the law shall provide for the entry into the Royal Defense Forces, the age limits, stability and other conditions of transfer of the military to the inactivity, rights, duties, remuneration, prerogatives and other special situations of the military, peculiarities of its activities, including those carried out by virtue of international commitments and war;

Art. 205th Military service is optional under the law.

Art. 206th It is the duty of the Royal Defense Forces to assign alternative service to those who, in peacetime, after being enlisted, claim an imperative of conscience, understood as such by religious belief and philosophical or political conviction, in order to escape from activities of essentially military character.

Art. 207th Children and ecclesiastics are exempted from compulsory military service in time of peace, but are subject to other charges which the law assigns to them.

### State of Defense

###

Art. 208th The Monarch may, after consulting the Council of State, the Council of the Kingdom and the National Defense Council, enact a State of Defense to preserve or promptly restore, in restricted and determined places, public order or social peace threatened by serious and imminent instability or hit by major disasters in nature.

Art. 209th The Royal Decree establishing the State of Defense will determine its duration, specify the areas to be covered and indicate, under the terms and limits of the law, the coercive measures to be in force, among the following:

* I - restrictions on the rights of:
	+ a) meeting, even if carried out within the associations;
	+ b) secrecy of correspondence;
	+ c) secrecy of telegraphic and telephone communication.
* II - occupation and temporary use of public goods and services, in the event of a public calamity, responding the Kingdom for damages and costs incurred.

Art. 210th The duration of the State of Defense shall not exceed thirty days, and may be extended once, for an equal period, if the reasons that justify its decision persist.

Art. 211th In the exercise of the State of Defense:

* I - imprisonment for a crime against the State, determined by the executor of the measure, shall be communicated immediately by the competent judge, who shall relax it, if it is not legal, for the inmate to request examination of the crime by the police authority;
* II - the communication shall be accompanied by a statement, by the authority, of the physical and mental state of the detainee at the time of his assessment;
* III - the arrest or detention of any person may not exceed ten days, except when authorized by the Judiciary;
* IV - the detainee's incommunicability is forbidden.

Art. 212th Once the State of Defense has been decreed or extended, the Monarch, within twenty-four hours, shall submit the act with the respective justification to the Federal Legislative Assembly, which shall decide by absolute majority.

§ 1st If the Federal Legislative Assembly is in recess, it shall be convoked extraordinarily within five days.

§ 2nd If the Federal Legislative Assembly is dissolved, the Representative Commission shall be convoked to approve the State of Defense.

§ 3rd The Federal Legislative Assembly shall approve the decree within ten days from its receipt, and shall continue to function while the State of Defense is in force.

§ 4th Once the decree is rejected, the state of defense ceases immediately.

### State of Siege

Art. 213th The Monarch may, after hearing the Council of the Kingdom and the National Defense Council, request from the Federal Legislative Assembly an authorization to issue a State of Siege in cases of:

* I - serious commotion of national repercussion or occurrence of facts that prove the ineffectiveness of the measure taken during the State of Defense;
* II - declaration of state of war or response to foreign armed aggression;

Art. 214th The Monarch, when requesting authorization to decree the State of Siege or its extension, shall report the reasons for the request, and the Federal Legislative Assembly shall decide by absolute majority.

Art. 215th The decree of the State of Siege shall indicate its duration, the norms necessary for its execution and the constitutional guarantees that will be suspended, and, after publication, the Monarch shall designate the executor of the specific measures and the areas covered.

Art. 216th The State of Siege, can not be decreed for more than thirty days, nor extended at any time for a longer term, however, may be decreed for as long as war or foreign armed aggression lasts.

Art. 217th Once the State of Siege has been requested, during the recess, the President of the Federal Senate will immediately convene the Federal Legislative Assembly extraordinarily to meet within five days in order to appreciate the act.

Sole paragraph: If the Federal Legislative Assembly is dissolved, the Representative Commission shall be convone to approve the State of Siege.

Art. 218th The Federal Legislative Assembly will remain in operation until the end of the coercive measures.

Art. 219th In compliance with the State of Siege ordered, only the following measures may be taken against persons:

* I - obligation to remain in a determined locality;
* II - detention in a building not intended for accused persons or convicted of common crimes;
* III - restrictions on the inviolability of correspondence, the secrecy of communications, the provision of information and freedom of the press, broadcasting and television, in accordance with the law;
* IV - suspension of freedom of assembly;
* V - search and seizure at home;
* VI - intervention in public utilities;
* VII - requisition of assets.

Sole paragraph: It does not include in the restrictions the diffusion of pronouncements of Federal or Provincial Senators and Deputies or Councillors of Cities made in their Legislative Chambers, since liberated by the respective Presiding Board.

### General Provisions for the State of Defense and State of Siege

Art. 220th The Presiding Board of the Federal Legislative Assembly, after hearing the party leaders, shall appoint a Commission composed of five of its members to monitor and supervise the execution of the measures regarding the State of Defense and the State of Siege.

Art. 221th Once the State of Defense or the State of Siege ceases, its effects shall cease, without prejudice to the responsibility for the offenses committed by its executors or agents.

Art. 222th As soon as the State of Defense or the State of Siege ceases, the measures applied during its validity will be reported by the Monarch, in a message to the Federal Legislative Assembly, with specification and justification of the measures adopted, with nominal relation of those affected and indication of the restrictions applied.

### National Defense Council

Art. 223th The National Defense Council is an organ of consultation of the Council of State in matters related to national sovereignty and the defense of the democratic State, and participate as permanent members:

* I - the Monarch;
* II - the Apparent Heir;
* III - the President of the Council of State;
* IV - the Vice Presidents of the Council of State;
* V - the President of the Federal Senate;
* VI - the President of the Chamber of Deputies;
* VII - the Royal Secretary for National Affairs;
* VIII - the Minister of State of National Defense;
* IX - the Royal Secretary for External Affairs;
* X - the Minister of State of Global Relations;
* XI - the Commanders of the Royal Defense Forces.

Art. 224th Are the assignments of the National Defense Council:

* I - give an opinion on the hypotheses of declaration of war and of the celebration of peace, in accordance with this Constitution;
* II - give an opinion on the decree of the State of Defense, the State of Siege and Federal Intervention;
* III - to propose the criteria and conditions for the use of areas indispensable to the security of the national territory and to express an opinion on their effective use, especially in the border area and in relation to the preservation and exploitation of natural resources of any kind;
* IV - to study, propose and monitor the development of initiatives necessary to guarantee national independence and the defense of the democratic State.

Sole paragraph: The law shall regulate the organization and operation of the National Defense Council.

## Title VII

### Public Security

Art. 225th Public Security, the duty of the State, the right and responsibility of all, is exercised for the preservation of public order and the safety of people and property, through the following bodies:

* I - the Department of Federative Police;
* II - His Majesty’s Bureau of Security and Police Research;
* III - the Federal Highway Police;
* IV -  the Federal Railroad Police;
* V - the Provincial Police.

Art. 226th The Department of Federative Police, established by law as a permanent body, organized and maintained by the Kingdom, structured in career, is designated to:

* I - investigate criminal offenses against the political and social order or to the detriment of goods, services and interests of the Kingdom or its entities and public companies, as well as other infractions whose practice has interstate or international repercussions and requires uniform repression, according to if it disposes in law;
* II - prevent and repress the illicit traffic in narcotics and related drugs, smuggling and misconduct, without prejudice to the actions of the police and other public agencies in their respective jurisdiction;
* III - to exercise the functions of maritime, airport and border police;
* IV - to exercise, exclusively, the functions of judicial police of the Kingdom.

Art. 227th His Majesty’s Bureau of Security and Police Research, established by law as a permanent body, organized and maintained by His Majesty’s Office, is designated to:

* I - research and development in the police and security areas;
* II - development of techniques aimed at the balanced and legal exercise of police power;
* III - training and structuring of the Royal Security Service;
* IV - assessment of internal threats to public security;
* V - financing of initiatives aimed at improving the police structure;
* VI - others defined by law.

§ 1st The Federal Highway Police, a permanent body, organized and maintained by the Kingdom, structured in a career, is intended, according to the law, to the ostensive patrolling of federal highways.

§ 2nd The Federal Railroad Police, a permanent body, organized and maintained by the Kingdom, structured in a career, is intended, according to the law, to the ostensible patrolling of federal railroads.

Art. 228th The Provincial Police, headed by career police officers, shall, except for the competence of the Kingdom, be responsible for the functions of judicial police and for the determination of criminal offenses, except for the military, ostensive police and the preservation of public order.

Art. 229th The Fire Brigades, in addition to the duties defined by law, is responsible for the execution of civil defense activities.

Art. 230th The Provincial Police and the Fire Brigades, the effective resident of the Royal Defense Forces, are subordinated, together, to the Governors of the Provinces and of the Administrative District as Commanders-in-Chiefs.

Sole paragraph: The effective of the Royal Defense Forces resident in the Provinces and in the Administrative District will be designated as Provincial Defense Forces.

Art. 231th The law shall discipline the organization and operation of the organs responsible for public security, so as to guarantee the efficiency of its activities.

Art. 232th The Cities may constitute Civil Guards for the protection of their goods, services and facilities, as provided by law.

Art. 233th The remuneration of the police officers who are members of the bodies listed in this title shall be fixed according to the law.

Art. 234th Road safety, exercised for the preservation of public order and the safety of persons and their assets on public roads:

* I - includes education, engineering and traffic supervision, in addition to other activities provided for by law, which ensure citizens the right to efficient urban mobility;
* II - in the sphere of the Provinces, of the Administrative District and of the Cities, the respective organs or executive entities and their transit agents, structured in career, according to the law.

## Title VIII

### Objectives, Guidelines and Priorities

Art. 235th The administrative organization of the State aims to promote:

* I - regional planning for socio-economic development;
* II - the cooperation of the different levels of government, through the decentralization, articulation and integration of its organs and entities of the direct and indirect administration, aiming to the maximum use of the public resources destined to it;
* III - the rational use of the territory, natural resources, cultural and environmental protection, by controlling the implementation of public and private enterprises;
* IV - the integration of the planning and execution of public functions of common interest to the active public entities;
* V - the reduction of social and regional inequalities.

Sole paragraph: The social order is based on the primacy of work, and as objective welfare and social justice.

### Civil Rights

Art. 236th All are equal before the law, without distinction of gender, ethnicity, religious and philosophical thought.

Art. 237th Men and women are equal in rights and obligations.

Art. 238th The freedoms of expression and opinion are inalienable guarantees within the constitutional principles.

Art. 239th The expression of intellectual, artistic, scientific and communication activity is free, when the constitutional principles are respected.

Art. 240th No one shall be compelled to do or to cease to do anything except by virtue of law.

Art. 241th The house is inviolable place of the individual, no one can enter it without the consent of the resident, except cases of crime or disaster, for help or judicial determination.

Art. 242th The practice of racism, pedophilia, rape, willful homicide, genocide, crimes against the democratic state, regicide, terrorism, association with supremacy groups or like them are crimes that are non-binding and imprescriptible.

Art. 243th The honor, the image, intimacy and life of the person are guaranteed, having the right to appeal to justice when violated.

Art. 244th The individual has the right to travel free of charge in case of health emergency, with judicial authorization.

Art. 245th The State shall provide full and free legal assistance to those who prove insufficient resources.

Art. 246th The right to property is guaranteed, as it fulfill its social function.

Art. 247th The norms that define fundamental rights and guarantees have immediate application.

Art. 248th Everyone has the right to an effective appeal by the competent national courts against acts violating their fundamental rights recognized by the Constitution or by law.

Art. 249th The collective association is guaranteed for lawful purposes.

Art. 250th The secrecy of letters, e-mails and actions on the Internet is inviolable, except by judicial determination for purposes of criminal investigation.

### Social Assistance

Art. 251th Social Assistance shall be provided to those who need it, regardless of their contribution to Social Security, and shall have the following objectives:

* I - protection of the family, maternity, childhood, adolescence and old age;
* II - support for needy children and teenagers;
* III - promoting integration in the labor market;
* IV - the habilitation and rehabilitation of persons with disabilities and the promotion of their integration into community life;
* V - the guarantee of a minimum monthly benefit salary to the disabled person and the elderly who prove that they do not have the means to provide for their own maintenance or have it provided by their family, as provided by law.

Art. 252th The Government actions in the area of ​​social assistance shall be carried out with funds from the Social Security Budget in addition to other sources, and organized based on the following guidelines:

* I - political and administrative decentralization, with coordination and general norms at the federal level and coordination and execution of the respective programs at the provincial and local levels, as well as charities and social assistance;
* II - participation of the population, through representative organizations, in the formulation of policies and in the control of actions at all levels.

Art. 253th The Provinces and the Administrative District are allowed to link up to five tenths percent of their net tax revenue to a program of support for social inclusion and promotion, and the application of these resources in the payment of:

* I - expenses with personal and social charges;
* II - debt service;
* III - any other current expense not directly linked to the investments or shares supported.

### Social Security

Art. 254th Social Security comprises an integrated set of initiatives of the Public Powers and of society, aimed at ensuring the rights related to health, welfare and social assistance.

Art. 255th It is the responsibility of the Public Power, according to the law, to organize social security, based on the following objectives:

* I - universality of coverage and service;
* II - uniformity and equivalence of benefits and services to urban and rural populations;
* III - selectivity and distribution in the provision of benefits and services;
* IV - irreducibility of the value of benefits;
* V - equity in the form of cost sharing;
* VI - diversity of the funding base;
* VII - democratic and decentralized administrative management, with the participation of the community, especially workers, entrepreneurs and retirees.

Art. 256th Social Security shall be financed by the whole society, directly and indirectly, in accordance with the law, through resources from the budgets of the Federal Government, the Provinces, the Administrative District and the Cities, and the following social contributions.

* I - of the employer, of the company and of the entity assimilated thereto in accordance with the law, concerning:
	+ a) the payroll and other income from work paid or credited, in any capacity, to the individual who provides services, even without employment relationship;
	+ b) revenue or billing;
	+ c) profit.
* II - workers;
* III - of the employee and other social security insured persons, with no contribution on retirement and pension granted by the general social security regime.

Art. 257th The Social Security will be organized as a general regime, of a contributory nature and obligatory affiliation, observing criteria that preserve the financial and actuarial balance, and will attend, in terms of the law, to

* I - coverage of illness, disability, death and old age events;
* II - maternity protection, especially for pregnant women;
* III - protection to workers in situations of involuntary unemployment;
* IV - family salary and confinement allowance for dependents of low-income policyholders;
* V - death pension of the insured, male or female, to the spouse or partner and dependents.

### Health

Art. 258th Health is the right of all and the duty of the State, guaranteed by social and economic policies aimed at reducing the risk of disease and other diseases and universal and equal access to actions and services for their promotion, protection and recovery.

Art. 259th The actions and services of health are of public relevance, and it is the responsibility of the Public Power to dispose, under the terms of the law, its regulation, supervision and control, and its execution must be done directly or through third parties and, also, per person physical or private legal nature.

Art. 260th Public health actions and services are part of a regionalized and hierarchical network and constitute a single system, organized according to the following guidelines:

* I - decentralization, with a single direction in each sphere of government;
* II - integral care, with priority for preventive activities, without prejudice to the assistance services;
* III - community participation.

Art. 261th The Federative Health System will be financed with funds from the Social Security budget, the Kingdom, the Provinces, the Administrative District and the Cities, as well as other sources.

Art. 262th Health care is free to private initiative.

Art. 263th Private institutions may participate in a complementary form of the Federative Health System, according to the latter's directives, by means of a public contract or agreement, preferably with philanthropic and non-profit entities.

Art. 264th The allocation of public resources for aids or subsidies to private for-profit institutions is prohibited.

Art. 265th The direct or indirect participation of foreign companies or capital in health care in Dirkson is prohibited, except in cases provided for by law.

Art. 266th The law shall provide for conditions and requirements that facilitate the removal of organs, tissues and auto substances for the purpose of transplantation, research and treatment, as well as the collection, processing and transfusion of blood and its derivatives, being forbidden any type of commercialization.

Art. 267th In addition to other attributions, under the terms of the law, the Federative Health System shall:

* I - control and control procedures, products and substances of health interest and participate in the production of medicines, equipment, immunobiological, blood derivatives and other inputs;
* II - to execute the actions of sanitary and epidemiological surveillance, as well as the health of the worker;
* III - order the formation of human resources in the health area;
* IV - participate in the formulation of the policy and execution of basic sanitation actions;
* V - increase, in its area of ​​activity, scientific and technological development and innovation;
* VI - inspect and inspect food, including the control of its nutritional content, as well as beverages and water for auto consumption;
* VII - participate in the control and inspection of the production, transportation, storage and use of psychoactive, toxic and radioactive substances and products;
* VIII - to collaborate in the protection of the environment, which includes work.

### Education

Art. 268th Education, right of all and the duty of the State and the family, shall be promoted and encouraged with the collaboration of society, aiming at the full development of the person, his preparation for the exercise of citizenship and his qualification for work.

Art. 269th The teaching will be taught on the basis of the following principles:

* I - equal conditions for access and stay in school;
* II - freedom to learn, teach, research and disseminate thought, art and knowledge;
* III - pluralism of ideas and pedagogical conceptions, and coexistence of public and private educational institutions;
* IV - free public education in official establishments;
* V - valorization of school education professionals, guaranteed by the law, career plans, with admission only by public examination of tests and titles, those of public networks;
* VI - democratic management of public education, according to the law;
* VII - guarantee of quality standard;
* VIII - national professional salary floor for professionals of public school education, under the terms of federal law.

Art. 270th The law shall provide for the categories of workers considered professionals in basic education and on the establishment of time limits for the elaboration or adaptation of their career plans, within the scope of the Kingdom, the Provinces, the Administrative District and the Cities.

Art. 271th Universities enjoy autonomy of didactic-scientific, administrative and financial and patrimonial management, and shall obey the principle of indissociability between teaching, research and extension.

Sole paragraph: The provisions of this article apply to scientific and technological research institutions.

Art. 272th The universities are allowed to admit foreign professors, technicians and scientists, according to the law.

Art. 273th The duty of the State with education shall be effected by guaranteeing:

* I - elementary education, compulsory and free of charge, including its free offer for all those who did not have access to it in their own age;
* II - compulsory education free of charge from four to seventeen years of age, including their free offer for all those who did not have access to it at their own age;
* III - progressive universalization of free secondary education;
* IV - specialized educational services for the disabled, preferably in the regular educational network;
* V - attendance in kindergarten and pre-school to children from zero to five years of age;
* VI - access to the highest levels of teaching, research and artistic creation, according to the capacity of each one;
* VII - provision of regular night education, appropriate to the conditions of the student;
* VIII - assistance to the student in all stages of basic education, through supplementary programs of didactic material, transportation, food and health care.

Art. 274th Access to compulsory and free education is subjective public right.

§ 1st The non-offer of compulsory education by the Government, or its irregular offer, is the responsibility of the competent authority.

§ 2nd It is incumbent upon the Public Power to register the students in elementary school, to make them call and watch over their attendance at their parents or guardians.

Art. 275th Education is free to private initiative, subject to the following conditions:

* I - compliance with the general norms of national education;
* II - authorization and evaluation of quality by the Government.

Art. 276th Minimum contents will be established for basic education, so as to guarantee basic common education and respect for cultural and artistic, national and regional values.

Art. 277th The religious education, of optional enrollment, will constitute discipline of the normal hours of the public elementary schools.

Sole paragraph: The Federal Government will promote the religious teaching of the Roman Catholic Apostolic Church.

Art. 278th The regular basic education will be taught in english language, ensuring the foreign communities also the use of their mother tongues and their own learning processes.

Art. 279th The Kingdom, the Provinces, the Administrative District and the Cities will organize their teaching systems in collaboration.

Art. 280th The law will establish the national education program, of ten-year duration, with the objective of articulating the national system of education in collaboration and defining guidelines, objectives, goals and implementation strategies to ensure the maintenance and development of education in its various levels, stages and modalities by means of integrated actions of the public powers of the different federative spheres that lead to:

* I - eradication of illiteracy;
* II - universalization of school attendance;
* III - improvement of the quality of teaching;
* IV - training for work;
* V - automobilistic, scientific and technological promotion of the Nation;
* VI - establishment of a target for the application of public resources in education as a proportion of gross domestic product.

### Environment

Art. 281th Everyone has the right to an ecologically balanced environment, a common use of the people and essential to a healthy quality of life, imposing on the Government and the community the duty to defend and preserve it for the present and future generations.

Art. 282th In order to ensure the effectiveness of this right, it is incumbent upon the Public Power:

* I - preserve and restore essential ecological processes and provide ecological management of species and ecosystems;
* II - preserve the diversity and integrity of the genetic heritage of the country and supervise the entities dedicated to the research and manipulation of genetic material;
* III - to define, in all units of the Federation, territorial spaces and their components to be specially protected, being alteration and suppression allowed only by law, any use that compromises the integrity of the attributes that justify its protection is prohibited;
* IV - require, in the form of the law, for the installation of a work or activity potentially causing significant environmental degradation, a previous environmental impact study, to be publicized;
* V - control the production, commercialization and use of techniques, methods and substances that pose a risk to life, quality of life and the environment;
* VI - promote environmental education at all levels of education and public awareness for the preservation of the environment;
* VII - protect fauna and flora, prohibited by law, practices that endanger their ecological function, cause extinction of species or subject animals to cruelty.

Art. 283th Anyone who exploits mineral resources is obliged to recover the degraded environment, according to a technical solution required by the competent public agency, according to the law.

Art. 284th Conduct and activities considered harmful to the environment shall subject the offenders, individuals or legal entities, to criminal and administrative sanctions, regardless of the obligation to repair the damages caused.

Art. 285th The National Forests and the Coastal Zone are national patrimony, and their use will be made, under the law, under conditions that ensure the preservation of the environment, including the use of natural resources.

Art. 286th The vacant lands or collected by the Provinces, by discriminatory actions, necessary for the protection of the natural ecosystems are unavailable.

Art. 287th The plants that operate with nuclear reactor must have its location defined in federal law, without which they can not be installed.

Art. 288th Sporting practices that use animals are not considered cruel, provided they are cultural manifestations, registered as an intangible asset that is part of the Dirkian cultural heritage, and must be regulated by a specific law that ensures the welfare of the animals involved.

### Culture

Art. 289th The State shall guarantee to all the full exercise of cultural rights and access to the sources of national culture, and shall support and encourage the promotion and dissemination of cultural expressions.

Art. 290th The State shall protect the manifestations of popular, indigenous and foreign cultures, and those of other groups participating in the national civilizing process.

Art. 291th The law shall provide for the establishment of commemorative dates of high significance for the different national ethnic segments.

Art. 292th The law shall regulate the National Culture Program, of a multi-year duration, aiming at the cultural development of the Country and the integration of the actions of the public power that lead to:

* I - defense and valorization of the Dirkian cultural heritage;
* II - production, promotion and diffusion of cultural goods;
* III - training of qualified personnel for the management of culture in its multiple dimensions;
* IV - democratization of access to cultural goods;
* V - appreciation of ethnic and regional diversity.

Art. 293th The Dirkian Cultural Heritage includes goods of a material and immaterial nature, taken individually or together, bearers of reference to identity, action, and memory of the different formative groups of Dirkian society, which include:

* I - the forms of expression;
* II - the ways of creating, doing and living;
* III - scientific, artistic and technological creations;
* IV - works, objects, documents, buildings and other spaces intended for artistic and cultural events;
* V - urban complexes and sites of historical, landscape, artistic, archaeological, paleontological, ecological and scientific value.

Art. 294th The Public Power, with the collaboration of the community, shall promote and protect the Dirkian Cultural Heritage, through inventories, records, surveillance, registration and expropriation, and other forms of precaution and preservation.

Art. 295th The public administration, in accordance with the law, is responsible for the management of governmental documentation and the arrangements for franking its consultation to those who need it.

Art. 296th The law shall establish incentives for the production and knowledge of cultural assets and values.

Art. 297th Damages and threats to cultural heritage will be punished, according to the law.

Art. 298th All documents and sites that have historical reminiscences of the former governments are registered.

Art. 299th The Provinces and the Administrative District may be bound to the Provincial fund for the promotion of cultivation up to five tenths of a percent of their net tax revenue, for the financing of cultural programs and projects, forbidding the application of these resources in the payment of:

* I - expenses with personal and social charges;
* II - debt service;
* III - any other current expense not directly linked to the investments or shares supported.

### Social Promotion

Art. 300th The actions of the Public Power, through programs and projects in the area of social promotion, will be organized, elaborated, executed and monitored based on the following principles:

* I - community participation;
* II - administrative decentralization, respecting federal legislation, with the coordination and execution of programs at the local level, considering the communities as basic instances for service and implementation of the programs;
* III - integration of the actions of the organs and entities of the administration in general, making compatible programs and resources and avoiding the duplication of service between the spheres.

### Sports and Recreation

Art. 301th It is the duty of the State to promote formal and non-formal sporting practices, such as the right of each one, observed:

* I - the autonomy of the leading sports entities and associations, as to their organization and functioning;
* II - the allocation of public resources for the priority promotion of educational sport and, in specific cases, for high-performance sport;
* III - differential treatment for professional and non-professional sports;
* IV - the protection and encouragement of national sporting events.

Art. 302th The Judiciary shall only admit actions related to discipline and sports competitions after the courts have exhausted the courts of sport, regulated by law.

Art. 303th The sports court shall have a maximum period of sixty days, counting from the initiation of the process, to render a final decision.

Art. 304th The Public Power shall encourage leisure as a form of social promotion.

### Science and Technology

Art. 305th The State shall promote and encourage scientific development, research, scientific and technological training and innovation.

Art. 306th Basic and technological scientific research will receive priority treatment of the State, in view of the public good and the progress of science, technology and innovation.

Art. 307th Technological research will focus mainly on solving Dirkian problems and on the development of the national and regional production system.

Art. 308th The State shall support the training of auto resources in the areas of science, research, technology and innovation, including through support for technological extension activities, and shall accord to those concerned special means and working conditions.

Art. 309th The law shall support and stimulate companies investing in research, creation of adequate technology in the country, training and improvement of their human resources, and practicing remuneration systems that ensure the employee, unpaid from the salary, participation in the economic gains resulting from productivity of their work.

Art. 310th The Provinces and the Administrative District are entitled to allocate a portion of their budget revenue to public entities that promote education and scientific and technological research.

Art. 311th The State, in carrying out the activities set in this title, will stimulate the articulation between entities, both public and private, in the various spheres of government.

Art. 312th The State shall promote and encourage the external performance of public institutions of science, technology and innovation, in order to carry out their activities.

Art. 313th The domestic market is part of the national patrimony and will be encouraged in order to enable the cultural and socio-economic development, the population's well-being and the technological autonomy of the country, under the terms of federal law.

Art. 314th The State will encourage the formation and strengthening of innovation in companies, as well as in other public or private entities, the constitution and maintenance of parks and technological centers and other environments that promote innovation, the activities of independent inventors and the creation, absorption, diffusion and transfer of technology.

Art. 315th The Kingdom, the Provinces, the Administrative District and the Cities may sign instruments of cooperation with public bodies and entities and with private entities, including the sharing of specialized human resources and installed capacity, for the execution of research, scientific development projects and technological and innovation, by financial or non-financial consideration assumed by the beneficiary entity, according to the law.

Art. 316th The National Science, Technology and Innovation Program will be organized in collaboration between entities, both public and private, with a view to promoting scientific and technological development and innovation.

Sole paragraph: Federal law shall provide for the general norms.

Art. 317th The Provinces, the Administrative District and the Cities will legislate concurrently on their peculiarities.

### Special Protection

Art. 318th It is the responsibility of the Public Power, as well as the family, to assure the right to life, health, food, education, leisure, professionalism, culture, dignity, respect, freedom and family and community coexistence, and to safeguard them from all forms of neglect, discrimination, exploitation, violence, cruelty and aggression.

Art. 319th Minors under the age of eighteen years, subject to the norms of the special legislation, are criminally unpunished.

Art. 320th Parents have a duty to assist, raise and educate the minor children, and the eldest children have a duty to help and support their parents in old age, lack or illness.

Art. 321th The family, society and the State have the duty to support the elderly, ensuring their participation in the community, defending their dignity and well-being and guaranteeing them the right of life.

§ 1st Programs for the protection of the elderly shall preferably be carried out in their homes.

§ 2nd The elderly of sixty-five years is guaranteed the gratuity of urban public transport.

### Social Communication

Art. 322th The manifestation of thought, creation, expression and information in any form, process or vehicle shall not be subject to any restrictions, in compliance with the provisions of this Constitution.

Art. 323th No law shall contain a device that may constitute an embarrassment to the full freedom of journalistic information in any media vehicle.

Art. 324th Any censorship of a political, ideological or artistic nature is prohibited.

Art. 325th Federal law will:

* I - regulate public entertainment and shows, and it is up to the public authorities to inform about their nature, age groups not recommended, locations and times when their presentation is inappropriate;
* II - to establish the legal means that guarantee the person and the family the possibility of defending themselves from programs or programs of radio and television, as well as the advertising of products, practices and services that may be harmful to health and the environment.

Art. 326th The commercial advertisement of tobacco, alcoholic beverages, pesticides, medicines and therapies shall be subject to legal restrictions, in accordance with the law, and shall contain, whenever necessary, a warning about the harm arising from its use.

Art. 327th The media can not, directly or indirectly, be subject to monopoly or oligopoly.

Art. 328th The publication of printed communication vehicle is independent of authority license.

Art. 329th The production and programming of radio and television stations shall comply with the following principles:

* I - preference for educational, artistic, cultural and informative purposes;
* II - promotion of national and regional culture and stimulation of independent production aimed at its dissemination;
* III - regionalization of cultural, artistic and journalistic production, according to percentages established by law;
* IV - respect for the ethical and social values ​​of the person and the family.

## Title IX

### Final Provisions

Art. 330th The National Constituent Assembly recognizes His Royal Majesty, King Joseph I as Constitutional Sovereign and Defender of the National and legitimate heir of King Edward I and of the Dirkian Throne.

Art. 331th Provincial Elections for Governors, Vice Governors and Provincial Constituent Assemblies are convened for February 1, 1987, upon the promulgation of this Constitution.

Art. 332th The people of North Saint Peter and of South Saint Peter will vote on a plebiscite to unite or maintain the division of both Provinces.

Art. 333th The Dirkian State recognizes as legitimately granted, all those who have been honored with national honors during the interregnum.

Art. 334th Amnesty is granted to all those accused or convicted of crimes against the State and crimes against National Security, from 1963 until the date of promulgation of this Constitution.

Art. 335th The Constitutional Review will take place ten years after the promulgation of this Constitution.

§ 1st The Constitutional Review will be held through Constitutional Amendments of Revision.

§ 2nd The Constitutional Amendments of Revision will have the same process of the Constitutional Amendments, being deliberated in unicameral session by the Federal Legislative Assembly.

## Title X

### Transitional Provisions

Art. 336th The Regional Administrators will, upon the promulgation of this Constitution, act as Acting Governors on their respectives Provinces and in the Administrative District.

Art. 337th Upon the promulgation of this Constitution, the National Legislative Assembly will dissolve itself, the Constituents will form the National Legislative Commission, until elections for the Federal Legislative Assembly.

§ 1st The National Legislative Commission will have its first session in December 24, 1986;

§ 2nd The National Legislative Commission shall exercise the functions of the Federal Legislative Assembly established in this Constitution until there are conditions for the convening of legislative elections;

§ 3rd The Monarch can not dissolve the Commission;

§ 4th The Commission can not amend this Constitution;

§ 5th The acts of the Commission will have to be approved by the Federal Legislative Assembly.

Art. 338th All Presidential Decrees will be evaluated and revoked by the Federal Legislative Assembly.

Sole paragraph: Presidential Decrees having significant content or of public interest shall be converted into law.

Art. 339th The Draft for the Constitution of the Republic must be kept in the National Archive and preserved along with the Constitution of 1960 and this Constitution.

Art. 340th All those exiled or expelled of the Country from 1963 until the promulgation of this Constitution will receive aid from the State for the return to the Homeland.

Art. 341th The exiled Ministers of the Federal Court of Justice and Judges of the Federal Constitutional Court shall return to their positions if they meet the requirements established in articles 138th and 147th of this Constitution.

Sole paragraph: The same applies for Judges of the Superior Courts.

Art. 342th Until a Law is drafted for this purpose, the Monarch may establish the competence of the Sovereignty Authority of the Dirkian Strait by Royal Decree.

Art. 343th The President of the Council of State in exile shall act temporarily in office until the inauguration of the new President.

Sole paragraph: He will be designated as Acting President of the Council of State.

Art. 344th All political parties that have been extinguished or irregularly annulled between 1963 and the date of promulgation of this Constitution will have their registration reinstated in the Federal Electoral Court.

Art. 345th The Province and the Administrative District that does not promulgate its Constitution until two years after the promulgation of this Constitution, will suffer Federal Intervention.

§ 1st After the deadline, the Federal Senate shall draft the Provincial Constitution in a Provisional Commission convened for this purpose.

§ 2nd The participation of the Federal Senators and of the Federal Deputies of this Province in the Commission will be required.

§ 3rd Promulgated the Provincial Constitution, the Federal Intervention will cease.

Art. 346th The President of the Republic and the Ministers of State of the Republican Cabinet must be processed and judged by the Federal Court of Justice for the crimes of responsibility they have committed in their positions.

Art. 347th The officers of the Royal Defense Forces who contributed to the 1963 coup d'état will be processed and judged by the Federal Military Court.

Art. 348th Those awarded with titles of nobility who contributed to the coup d'etat of 1963 will have their titles and honors immediately annulled in the promulgation of this Constitution.

Art. 349th On February 8, 1990, the people will define, through a plebiscite, the Form of State and the System of Government that should be in force in the Country.

§ 1st The Forms of State in the plebiscite will be:

* I - Federation;
* II - Unitary.

§ 2nd The Systems of Government in the plebiscite will be:

* I -  Monarchy:
	+ a) parliamentary;
	+ b) absolute.
* II - Republic:
	+ a) presidential;
	+ b) semi-presidential;
	+ c) parliamentary.

Art. 350th This Constitution comes into force after the signing by His Majesty, the King Joseph and its promulgation by the National Constituent Assembly.

Dirkson City, on December 23, 1986.

## Board of the National Constituent Assembly

**President** - Marcus Damian

**Vice President** - Francis Marshal

**First Secretary** - Carmen Pauline

**Second Secretary** - Sherman Martie

**Third Secretary** - Reuben Burton

**Fourth Secretary** - Mason Arabella

*His Royal Majesty*

**Joseph I**

Constitutional Sovereign and Defender of the Nation

King of the Kingdom of Dirkson

#### Members of the National Constituent Assembly

*Alfred Wayland - Allen Lovell - Alvin Jude - Angus Cyril - Angus Thornton - Arden Wilburn - Arlen Elton - Arlo Darrell - Barrett Jamison - Boyce Garland - Bradford Isaiah - Branden Lee - Brent Israel - Brenton Audley - Calvin Clayton - Casey Boyce - Cash Jeffrey - Casimir Gabriel - Cedric Norton - Charlton Cade - Clair Quinton - Clifford Bailey - Colt Dominick - Daniel Washington - Daryl Ernest - Darrel Earnest - Delmar Jackson - Domenic Kent - Duke Eldon - Emmet Roswell - Esme Frank - Ethan Evelyn - Eugene Ward - Eustace Colt - Ferdinand Dorian - Francis Haywood - Franklyn Merton - Garey Xavier - Garry Wilburn - Garth Horace - Garth Roswell - Geoffrey Coy - Godfrey Cheyenne - Harlan Burton - Harland Gordon - Harris Evelyn - Hayes Paul - Haydn Chauncey - Haywood Fulton - Hector Wilford - Humphrey Dutch - Hubert Irving - Ingram Logan - Isidore Jerome - Jeffery Joyce - Jerald Oakley - Jeremiah Darius - Jeremiah Terry - Jerrold Emmett - Jude Jerold - Kennith Burton - Kerry Boyd - Lindsey Brendan - Liza Graham - Logan Tyson - Lyle Howard - Maverick Glen - Mitchell Gerard - Murray Eldon - Neville Roger - Noah Terance - Norris Jared - Norwood Julian - Ogden Angel - Percival Griffin - Raphael Walter - Remington Leighton - Roderick Rudolph - Rolland Leonard - Ryan Madison - Sanford Tod - Sebastian Beverly - Seth Ramsey - Steven Kelvin - Stewart Joseph - Tate Burke - Truman Cedric - Tyler Blake - Tyler Raymond - Ulysses Denzil - Vergil Nickolas - Walton Ferdinand - Wilfrid Sampson - Wilbur Percival.*

Guests: *Arthur Harley - Charles Louis - Katheryn Ericka - Leona Twyla - Lewis Duncan - Martin Giles - Raphael Shelton - Regina Tiffany.*

In tribute: *King Joseph I*