Brazil

…
Paragraph 7. Political parties shall allocate at least 5% (five percent) of the resources from the party fund to the creation and maintenance of programs for the promotion and dissemination of women's political participation, according to the intra-party interests.
Paragraph 8. The total amount of the Special Fund for Campaign Financing and the portion of the party fund allocated to electoral campaigns, as well as the free access time to radio and television to be distributed by the parties to their respective female candidates, shall be of at least 30% (thirty percent), proportional to the number of female candidates, and the distribution shall be carried out according to criteria established by the respective boards of direction and by regulatory norms, considering party autonomy and interest. (Art. 17)

The Federative Republic of Brazil, formed by the indissoluble union of the states and municipalities and of the Federal District, is a legal democratic state and is founded on:
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II – citizenship;
… (Art. 1)

The following are Brazilians:
I – by birth:
a) those born in the Federative Republic of Brazil, even if of foreign parents, provided that they are not at the service of their country;
b) those born abroad, of a Brazilian father or a Brazilian mother, provided that either of them is at the service of the Federative Republic of Brazil;
c) those born abroad, to a Brazilian father or a Brazilian mother, provided that they are registered with a competent Brazilian authority, or come to reside in the Federative Republic of Brazil, and opt for the Brazilian nationality at any time after reaching majority;
II – naturalized:
a) those who, as set forth by law, acquire Brazilian nationality, it being the only requirement for persons originating from Portuguese-speaking countries the residence for one uninterrupted year and good moral repute;
b) foreigners of any nationality, resident in the Federative Republic of Brazil for over fifteen uninterrupted years and without criminal conviction, provided that they apply for the Brazilian nationality.
…
Paragraph 4. Loss of nationality shall be declared for a Brazilian who:
I – have their naturalization revoked by court ruling, in cases of fraud related to the naturalization process or of attack against the constitutional order and the democratic state;
II – formally request the renunciation of their Brazilian nationality before the competent Brazilian authority, except in situations that would result in statelessness.
... (Art. 12)

The Union has the exclusive power to legislate on:
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XIII – nationality, citizenship and naturalization;
… (Art. 22)

The Supreme Federal Court is responsible, essentially, for safeguarding the Constitution, and it is within its competence:
I – to institute legal proceeding and trial, in the first instance, of:
a) direct actions of unconstitutionality of a federal or state law or normative act, and declaratory actions of constitutionality of a federal law or normative act;
b) in common criminal offenses, the President of the Republic, the Vice-President, the members of the National Congress, its own Justices and the Attorney-General of the Republic;
c) in common criminal offenses and crimes of malversation, the Ministers of State and the Commanders of the Navy, the Army, and the Air Force, except as provided in article 52, I, the members of the Superior Courts, those of the Federal Audit Court and the heads of permanent diplomatic missions;
d) habeas corpus, when the petitioner is any one of the persons referred to in the preceding subitems; the writ of mandamus and habeas data against acts of the President of the Republic, of the Directing Boards of the Chamber of Deputies and of the Federal Senate, of the Federal Audit Court, of the Attorney-General of the Republic and of the Supreme Federal Court itself;
e) litigation between a foreign State or an international organization and the Union, a state, the Federal District or a territory;
f) disputes and conflicts between the Union and the states, the Union and the Federal District, or between one another, including the respective indirect administration bodies;
g) extradition requested by a foreign state;
h) (revoked);
i) habeas corpus, when the constraining party is a Superior Court, or when the constraining party or the petitioner is an authority or employee whose acts are directly subject to the jurisdiction of the Supreme Federal Court, or in the case of a crime, subject to the same jurisdiction in one sole instance;
j) criminal review of and actions to overrule its final judgements;
l) claims for the preservation of its powers and guarantee of the authority of its decisions;
m) enforcement of court decisions in the cases where it has original competence, the delegation of duties to perform procedural acts being allowed;
n) a suit in which all members of the judicature are directly or indirectly involved, and a suit in which more than half of the members of the court of origin are disqualified or have a direct or indirect interest;
o) conflicts of powers between the Superior Court of Justice and any other courts, between Superior Courts, or between the latter and any other court;
p) petitions of provisional remedy in direct actions of unconstitutionality;
q) writs of injunction, when drawing up of the regulation is the responsibility of the President of the Republic, of the National Congress, of the Chamber of Deputies, of the Federal Senate, of the Directing Boards of one of these legislative houses, of the Federal Audit Court, of one of the Superior Courts, or of the Supreme Federal Court itself;
r) lawsuits against the National Council of Justice and against the National Council of the Public Prosecution;
II – to judge on ordinary appeal:
a) habeas corpus, writs of mandamus, habeas data and writs of injunction decided in a sole instance by the Superior Courts, in the event of a denial;
b) political crimes;
III – to judge, on extraordinary appeal, cases decided in a sole or last instance, when the decision appealed:
a) is contrary to a provision of this Constitution;
b) declares a treaty or a federal law unconstitutional;
c) considers valid a law or act of a local government contested in the light of this Constitution;
d) considers valid a local law challenged in the light of a federal law.
Paragraph 1. A claim of non-compliance with a fundamental precept deriving from this Constitution shall be examined by the Supreme Federal Court, under the terms of the law.
… (Art. 102)

The following may file direct actions of unconstitutionality and declaratory actions of constitutionality:
I – the President of the Republic;
II – the directing board of the Federal Senate;
III – the directing board of the Chamber of Deputies;
IV – the Directing Board of a State Legislative Assembly or of the Federal District Legislative Chamber;
V – a State Governor or the Federal District Governor;
VI – the Attorney-General of the Republic;
VII – the Federal Council of the Brazilian Bar Association;
VIII – a political party represented in the National Congress;
IX – a confederation of labour unions or a professional association of a nationwide nature.
… (Art. 103)

The Federal Supreme Court may, ex-officio or upon request, upon decision of two thirds of its members, and following reiterated judicial decisions on constitutional matter, issue a summula (restatement of case law) which, as from publication in the official press, shall have a binding effect upon the lower bodies of the Judicial Power and the direct and indirect public administration, in the federal, state, and local levels, and which may also be reviewed or revoked, as set forth in law.
Paragraph 1. The purpose of a summula is to validate, construe, and impart effectiveness to some rules about which there is a current controversy among judicial bodies or among such bodies and the public administration, and such controversy brings about serious juridical insecurity and the filing of multiple lawsuits involving similar issues.
Paragraph 2. Without prejudice to the provisions the law may establish, the issuance, review, or revocation of a summula may be requested by those who may file a direct action of unconstitutionality.
Paragraph 3. An administrative act or judicial decision which contradicts the applicable summula or which unduly applies a summula may be appealed to the Supreme Federal Court, and if the appeal is granted, such Court shall declare the administrative act null and void or overrule the appealed judicial decision, ordering that a new judicial decision be issued, with or without applying the summula, as the case may be. (Art. 103-A)

Education, … are social rights, as set forth by this Constitution.
… (Art. 6)

The Union has the exclusive power to legislate on:
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XXIV – directives and bases of the national education;
… (Art. 22)

The Union, the states, the Federal District and the municipalities, in common, have the power:
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V – to provide the means of access to ... education, 
… (Art. 23)

The Union, the states and the Federal District have the power to legislate concurrently on:
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IX – education, ... teaching,
… (Art. 24)

The municipalities have the power to:
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VI – maintain, with the technical and financial cooperation of the Federal Government and the state, programs of infant and elementary school education;
… (Art. 30)

Education, which is the right of all and duty of the State and of the family, shall be promoted and fostered with the cooperation of society, with a view to the full development of the person, his preparation for the exercise of citizenship and his qualification for work. (Art. 205)

Education shall be provided on the basis of the following principles:
I – equal conditions of access and permanence in school;
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III – pluralism of pedagogic ideas and conceptions and coexistence of public and private teaching institutions;
IV – free public education in official schools; 
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VII – guarantee of standards of quality;
...
IX – guarantee of the right to education and learning throughout life.
… (Art. 206)

The duty of the State towards education shall be fulfilled by ensuring the following:
I – mandatory basic education, free of charge, for every individual from the age of 4 (four) through the age of 17 (seventeen), including the assurance of its free offer to all those who did not have access to it at the proper age;
II – progressive universalization of the free high-school education;
III – specialized schooling for the handicapped, preferably in the regular school system;
IV – infant education to children of up to 5 (five) years of age in day-care centers and pre-schools;
V – access to higher levels of education, research and artistic creation according to individual capacity;
VI – provision of regular night courses adequate to the conditions of the student;
VII – assistance to students in all grades of basic education, by means of supplementary programmes providing school materials, transportation, food, and health care.
Paragraph 1. The access to compulsory and free education is a subjective public right.
Paragraph 2. The competent authority shall be liable for the failure of the Government in providing compulsory education, or providing it irregularly.
Paragraph 3. The Government has the power to take a census of elementary school students, call them for enrollment and ensure that parents or guardians see to their children’s attendance to school. (Art. 208)

Minimum curricula shall be established for elementary schools in order to ensure a common basic education and respect for national and regional cultural and artistic values.
Paragraph 1. The teaching of religion is optional and shall be offered during the regular school hours of public elementary schools.
Paragraph 2. Regular elementary education shall be given in the Portuguese language and Indian communities shall also be ensured the use of their native tongues and their own learning methods. (Art. 210)

The Union, the states, the Federal District and the municipalities shall cooperate in the organization of their educational systems.
Paragraph 1. The Union shall organize the federal educational system and that of the Territories, shall finance the federal public educational institutions and shall have, in educational matters, a redistributive and supplementary function, so as to guarantee the equalization of the educational opportunities and a minimum standard of quality of education, through technical and financial assistance to the states, the Federal District and the municipalities.
Paragraph 2. The municipalities shall act on a priority basis in elementary education and in the education of children.
Paragraph 3. The states and the Federal District shall act on a priority basis in elementary and secondary education.
Paragraph 4. The Union, the States, the Federal District, and the Municipalities shall define collaboration methods for the organization of their educational systems, to ensure the universalization, quality, and equity of the compulsory education.
Paragraph 5. Public basic education shall give priority to regular education. 
... (Art. 211)

The Union shall apply, annually, never less than eighteen percent, and the states, the Federal District, and the municipalities, at least twenty-five percent of the tax revenues, including those resulting from transfers, in the maintenance and development of education.
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Paragraph 3. In the distribution of public funds, priority shall be given to the providing for the needs of compulsory education, as regards universalization, assurance of quality standards, and equality, as set forth in the national education plan.
… (Art. 212)

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Paragraph 3. The right to special protection shall include the following aspects:
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III – guarantee of access to school for adolescent and young workers;
… (Art. 227)

All persons are equal before the law, without any distinction whatsoever, Brazilians and foreigners residing in the country being ensured of inviolability of the right to life, to liberty, to equality, to security and to property, on the following terms:
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XIII – the practice of any work, trade or profession is free, observing the professional qualifications which the law shall establish;
… (Art. 5)

The following are rights of urban and rural workers, among others that aim to improve their social conditions:
I – employment protected against arbitrary dismissal or against dismissal without just cause, in accordance with a supplementary law which shall establish severance-pay, among other rights;
II – unemployment insurance, in the event of involuntary unemployment;
III – severance-pay fund;
IV – nationally unified minimum monthly wage, established by law, capable of satisfying their basic living needs and those of their families with housing, food, education, health, leisure, clothing, hygiene, transportation, and social security, with periodical adjustments to maintain its purchasing power, it being forbidden to use it as an index for any purpose;
V – a salary floor in proportion to the extent and complexity of the work;
VI – irreducibility of the wages, except when established in collective agreement or covenant;
VII – guarantee of wages never below the minimum one, for those receiving variable pay;
VIII – year-end one-salary bonus based on the full pay or on the amount of the pension;
IX – payrate for night-shift work higher than that for daytime work;
X – wage protection, as provided by law, with felonious withholding of wages being a crime;
XI – participation in the profits or results, independent of wages, and, exceptionally, participation in the management of the company, as defined by law;
XII – family allowance paid to each dependent of low-income workers, under the terms of the law;
XIII – normal working hours not exceeding eight hours per day and forty-four hours per week, with the option of compensating working hours and reducing the length of the workday through an agreement or a collective bargaining covenant;
XIV – a workday of six hours for work carried out in continuous shifts, unless otherwise established by collective bargaining;
XV – paid weekly leave, preferably on Sundays;
XVI – rate of pay for overtime at least fifty per cent higher than that of normal work;
XVII – annual vacation with remuneration at least one third higher than the normal salary;
XVIII – maternity leave without loss of job and of salary, for a period of one hundred and twenty days;
XIX – paternity leave, under the terms established by law;
XX – protection of the labour market for women through specific incentives, as provided by law;
XXI – advance notice of dismissal in proportion to the length of service, of at least thirty days, as provided by law;
XXII – reduction of employment related risks by means of health, hygiene and safety rules;
XXIII – additional remuneration for strenuous, unhealthy or dangerous work, as established by law;
XXIV – retirement pension;
XXV – free assistance for children and dependents of up to five years of age, in day-care centres and pre-school facilities;
XXVI – recognition of collective bargaining agreements and covenants;
XXVII – protection on account of automation, as established by law;
XXVIII – occupational accident insurance, to be paid for by the employer, without excluding the employer’s liability for indemnity in the event of malice or fault;
XXIX – legal action, with respect to credits arising from employment relationships, with a limitation of five years for urban and rural workers, up to the limit of two years after the end of the employment contract;
...
XXX – prohibition of any difference in wages, in the performance of duties and in hiring criteria by reason of sex, age, colour or marital status;
XXXI – prohibition of any discrimination with respect to wages and hiring criteria of handicapped workers;
XXXII – prohibition of any distinction between manual, technical, and intellectual work or among the respective professionals;
XXXIII – prohibition of night, dangerous, or unhealthy work for minors under eighteen years of age, and of any work for minors under sixteen years of age, except as an apprentice, for minors above fourteen years of age;
XXXIV – equal rights for workers with a permanent employment bond and for sporadic workers.
Sole paragraph. The category of domestic workers is ensured of the rights set forth in items IV, VI, VII, VIII, X, XIII, XV, XVI, XVII, XVIII, XIX, XXI, XXII, XXIV, XXVI, XXX, XXXI, and XXXIII, and, observing the conditions established by law and with due regard for simplified compliance with both primary and ancillary tax obligations arising from labour relations and from their peculiarities, also of those rights set forth in items I, II, III, IX, XII, XXV, and XXVIII, as well as of integration in the Social Security system. (Art. 7)

The Union has the exclusive power to legislate on:
I – … labour law;
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XVI – the organization of the national employment system and conditions for the practice of professions;
… (Art. 22)

The economic order, founded on the appreciation of the value of human work and on free enterprise, is intended to ensure everyone a life with dignity, in accordance with the dictates of social justice, with due regard for the following principles:
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VIII – pursuit of full employment;
… (Art. 170)

Social security will be organized under the General Social Security System, of a contributory nature and mandatory membership, observing criteria that preserve the financial and actuarial balance, and will, in accordance with the law, meet:
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III – protection to workers in a situation of involuntary unemployment;
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Paragraph 2. No benefit which replaces the contribution salary or labour earnings of the insured shall have a monthly amount lower than the minimum monthly wage.
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Paragraph 7. Retirement is ensured under the general social security scheme, in accordance with the law, upon compliance with the following conditions:
I – 65 (sixty-five) years of age, if a man, and 62 (sixty-two) years of age, if a woman, with a minimum contribution time;
II – 60 (sixty) years of age, if a man, and 55 (fifty-five) years of age, if a woman, for rural workers and for those who carry out their activities in a family economy regime, including rural producers, miners and artisanal fishermen.
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Paragraph 12. A law will institute a special social security inclusion system, with different rates, to assist low-income workers, including those who are in an informal situation, and those without their own income, who dedicate themselves exclusively to domestic work within the scope of their residence, provided that belonging to low-income families.
… (Art. 201)

Social assistance shall be rendered to whomever may need it, regardless of contribution to social welfare and shall have as objectives:
...
III – the promotion of the integration into the labour market;
... (Art. 203)

…
Paragraph 3. The right to special protection shall include the following aspects:
I – minimum age of fourteen years for admission to work, with due regard to the provisions of article 7, XXXIII;
II – guarantee of social security and labour rights;
… (Art. 227)

Until such time as the complementary law referred to in art. 7, I, of this Constitution is enacted:
…
II. arbitrary dismissal or dismissal without just cause is prohibited:
…
b. for a pregnant employee, from the date the pregnancy is confirmed until five months after birth.
§1°. Until the law regulates the provisions of art. 7, XIX, of the Constitution, the period of paternity leave referred to in the subparagraph shall be five days.
… (Transitional Constitutional Provisions Act 1988, Art. 10)

We, the representatives of the Brazilian People, convened in the National Constituent Assembly to institute a democratic state for the purpose of ensuring the exercise of social and individual rights, liberty, security, well-being, development, equality and justice as supreme values of a fraternal, pluralist and unprejudiced society, founded on social harmony and committed, in the internal and inter- national orders, to the peaceful settlement of disputes, promulgate, under the protection of God, this Constitution of the Federative Republic of Brazil. (Preamble)

The fundamental objectives of the Federative Republic of Brazil are:
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III – to eradicate poverty and substandard living conditions and to reduce social and regional inequalities;
IV – to promote the well-being of all, without prejudice as to origin, race, sex, colour, age and any other forms of discrimination. (Art. 3)

All persons are equal before the law, without any distinction whatsoever, Brazilians and foreigners residing in the country being ensured of inviolability of the right to life, to liberty, to equality, to security and to property, on the following terms:
I – men and women have equal rights and duties under the terms of this Constitution;
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XLI – the law shall punish any discrimination which may attempt against fundamental rights and liberties;
… (Art. 5)

We, the representatives of the Brazilian People, convened in the National Constituent Assembly to institute a democratic state for the purpose of ensuring the exercise of social and individual rights, liberty, security, well-being, development, equality and justice as supreme values of a fraternal, pluralist and unprejudiced society, founded on social harmony and committed, in the internal and inter- national orders, to the peaceful settlement of disputes, promulgate, under the protection of God, this Constitution of the Federative Republic of Brazil. (Preamble)

All persons are equal before the law, without any distinction whatsoever, Brazilians and foreigners residing in the country being ensured of inviolability of the right to life, to liberty, to equality, to security and to property, on the following terms:
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XXXV – the law shall not exclude any injury or threat to a right from the consideration of the Judicial Power;
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XLI – the law shall punish any discrimination which may attempt against fundamental rights and liberties;
…
Paragraph 1. The provisions defining fundamental rights and guarantees are immediately applicable.
Paragraph 2. The rights and guarantees expressed in this Constitution do not exclude others deriving from the regime and from the principles adopted by it, or from the international treaties in which the Federative Republic of Brazil is a party.
… (Art. 5)

The Union shall not intervene in the states or in the Federal District, except:
…
VII – to ensure compliance with the following constitutional principles:
…
b) rights of the human person;
… (Art. 34)

…
Paragraph 4. No proposal of amendment shall be considered which is aimed at abolishing:
…
IV – individual rights and guarantees.
… (Art. 60)

All persons are equal before the law, without any distinction whatsoever, Brazilians and foreigners residing in the country being ensured of inviolability of the right to life, to liberty, to equality, to security and to property, on the following terms:
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XXXV – the law shall not exclude any injury or threat to a right from the consideration of the Judicial Power;
XXXVI – the law shall not injure the vested right, the perfect juridical act and the res judicata;
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LXIX – a writ of mandamus shall be issued to protect a clear and perfect right, not covered by habeas corpus or habeas data, whenever the party responsible for the illegal actions or abuse of power is a public official or an agent of a corporate legal entity exercising duties of the Government;
LXX – a collective writ of mandamus may be filed by:
a) a political party represented in the National Congress;
b) a union, a professional association or an association legally constituted and in operation for at least one year, to defend the interests of its members or associates;
LXXI – a writ of injunction shall be granted whenever the absence of a regulatory provision disables the exercise of constitutional rights and liberties, as well as the prerogatives inherent to nationality, sovereignty and citizenship;
… (Art. 5)

The federal judges have the competence to institute legal proceeding and trial of:
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V-A – cases regarding human rights referred to in paragraph 5 of this article;
…
Paragraph 5. In cases of serious human rights violations, and with a view to ensuring compliance with obligations deriving from international human rights treaties to which Brazil is a party, the Attorney-General of the Republic may request, before the Superior Court of Justice, and in the course of any of the stages of the inquiry or judicial action, that jurisdiction on the matter be taken to Federal Justice. (Art. 109)

The Public Legal Defense is a permanent institution, essential to the jurisdictional function of the State, and is responsible primarily, as an expression and an instrument of the democratic regime, for the judicial guidance, the promotion of human rights, and the full and free-of-charge defense, in all levels, both judicially and extrajudicially, of individual and collective rights of the needy, under the terms of item LXXIV of article 5, of the Federal Constitution.
… (Art. 134)

The Union has the exclusive power to legislate on:
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XIV – Indian populations;
… (Art. 22)

It is exclusively the competence of the National Congress:
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XVI – to authorize, in Indian lands, the exploitation and use of hydric resources and the prospecting and mining of mineral resources;
… (Art. 49)

The federal judges have the competence to institute legal proceeding and trial of:
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XI – disputes over the rights of Indians.
… (Art. 109)

The following are institutional functions of the Public Prosecution:
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V – to defend judicially the rights and interests of the Indian populations;
… (Art. 129)

Minimum curricula shall be established for elementary schools in order to ensure a common basic education and respect for national and regional cultural and artistic values.
…
Paragraph 2. Regular elementary education shall be given in the Portuguese language and Indian communities shall also be ensured the use of their native tongues and their own learning methods. (Art. 210)

The state shall ensure to all the full exercise of the cultural rights and access to the sources of national culture and shall support and foster the appreciation and diffusion of cultural expressions.
Paragraph 1. The State shall protect the expressions of popular, Indian and Afro-Brazilian cultures, as well as those of other groups participating in the national civilization process.
… (Art. 215)

Indians shall have their social organization, customs, languages, creeds and traditions recognized, as well as their original rights to the lands they traditionally occupy, it being incumbent upon the Union to demarcate them, protect and ensure respect for all of their property.
Paragraph 1. Lands traditionally occupied by Indians are those on which they live on a permanent basis, those used for their productive activities, those indispensable to the preservation of the environmental resources necessary for their well-being and for their physical and cultural reproduction, according to their uses, customs and traditions.
Paragraph 2. The lands traditionally occupied by Indians are intended for their permanent possession and they shall have the exclusive usufruct of the riches of the soil, the rivers and the lakes existing therein.
Paragraph 3. Hydric resources, including energetic potentials, may only be exploited, and mineral riches in Indian land may only be prospected and mined with the authorization of the National Congress, after hearing the communities involved, and the participation in the results of such mining shall be ensured to them, as set forth by law.
Paragraph 4. The lands referred to in this article are inalienable and indisposable and the rights thereto are not subject to limitation.
Paragraph 5. The removal of Indian groups from their lands is forbidden, except ad referendum of the National Congress, in case of a catastrophe or an epidemic which represents a risk to their population, or in the interest of the sovereignty of the country, after decision by the National Congress, it being guaranteed that, under any circumstances, the return shall be immediate as soon as the risk ceases.
Paragraph 6. Acts with a view to occupation, domain and possession of the lands referred to in this article or to the exploitation of the natural riches of the soil, rivers and lakes existing therein, are null and void, producing no legal effects, except in case of relevant public interest of the Union, as provided by a supplementary law and such nullity and voidness shall not create a right to indemnity or to sue the Union, except in what concerns improvements derived from occupation in good faith, in the manner prescribed by law.
Paragraph 7. The provisions of article 174, paragraphs 3 and 4, shall not apply to Indian lands. (Art. 231)

The Indians, their communities and organizations have standing under the law to sue to defend their rights and interests, the Public Prosecution intervening in all the procedural acts. (Art. 232)

…
Paragraph 2. The rights and guarantees expressed in this Constitution do not exclude others deriving from the regime and from the principles adopted by it, or from the international treaties in which the Federative Republic of Brazil is a party.
… (Art. 5)

…
Paragraph 4. No proposal of amendment shall be considered which is aimed at abolishing:
…
IV – individual rights and guarantees.
… (Art. 60)

The President of the Republic may, after hearing the Council of the Republic and the National Defense Council, decree a state of defense to preserve or to promptly re-establish, in specific and restricted locations, the public order or the social peace threatened by serious and imminent institutional instability or affected by major natural calamities.
Paragraph 1. The decree instituting the state of defense shall determine the period of its duration, shall specify the areas to be encompassed and shall indicate, within the terms and limitations of the law, the coercive measures to be in force from among the following:
I – restrictions to the rights of:
a) assembly, even if held within associations;
b) secrecy of correspondence;
c) secrecy of telegraph and telephone communication;
II – in the event of a public calamity, occupation and temporary use of public property and services, the Union being liable for the resulting damages and costs.
… (Art. 136)

During the period in which the state of siege decreed under article 137, I, is in force, only the following measures may be taken against persons:
I – obligation to remain at a specific place;
II – detention in a building not intended for persons accused of or convicted for common crimes;
III – restrictions regarding the inviolability of correspondence, the secrecy of communications, the rendering of information and the freedom of press, radio broadcasting and television, as established by law;
IV – suspension of freedom of assembly;
V – home search and seizure;
VI – intervention in public utility companies;
VII – requisitioning of property.
… (Art. 139)

All persons are equal before the law, without any distinction whatsoever, Brazilians and foreigners residing in the country being ensured of inviolability of the right to life, to liberty, to equality, to security and to property, on the following terms:
…
L – female prisoners shall be ensured of adequate conditions to stay with their children during the nursing period;
… (Art. 5)

… protection of motherhood and childhood … are social rights, as set forth in this Constitution.
Sole paragraph. Every Brazilian in a situation of social vulnerability is entitled to a basic family income, guaranteed by the government in a permanent income transfer program, whose rules and access requirements will be determined by law, in compliance with fiscal and budgetary legislation. (Art. 6)

The following are rights of urban and rural workers, among others that aim to improve their social conditions:
…
XII – family allowance paid to each dependent of low-income workers, under the terms of the law;
…
XVIII – maternity leave without loss of job and of salary, for a period of one hundred and twenty days;
XIX – paternity leave, under the terms established by law;
…
XXV – free assistance for children and dependents of up to five years of age, in day-care centres and pre-school facilities;
… (Art. 7)

Social security will be organized under the General Social Security System, of a contributory nature and mandatory membership, observing criteria that preserve the financial and actuarial balance, and will, in accordance with the law, meet:
…
II – protection to maternity, especially to pregnant women;
…
IV – family allowance and confinement allowance for the dependents of the low-income insured;
V – pension for death of the insured, man or woman, to the spouse or companion, and dependents, complying with the provision of paragraph 2.
... (Art. 201)

Social assistance shall be rendered to whomever may need it, regardless of contribution to social welfare and shall have as objectives:
I – the protection of the family, maternity, childhood, adolescence and old age;
… (Art. 203)

The family, which is the foundation of society, shall enjoy special protection from the State.
Paragraph 1. Marriage is civil and the marriage ceremony is free of charge.
Paragraph 2. Religious marriage has civil effects, in accordance with the law.
Paragraph 3. For purposes of protection by the State, the stable union between a man and a woman is recognized as a family entity, and the law shall facilitate the conversion of such entity into marriage.
Paragraph 4. The community formed by either parent and their descendants is also considered as a family entity.
Paragraph 5. The rights and the duties of marital society shall be exercised equally by the man and the woman.
Paragraph 6. Civil marriage may be dissolved by divorce.
Paragraph 7. Based on the principles of human dignity and responsible parenthood, family planning is a free choice of the couple, it being within the competence of the State to provide educational and scientific resources for the exercise of this right, any coercion by official or private agencies being forbidden.
Paragraph 8. The State shall ensure assistance to the family in the person of each of its members, creating mechanisms to suppress violence within the family. (Art. 226)

It is the duty of the family, society, and the State to ensure children, adolescents, and young people, with absolute priority, the right to life, health, nourishment, education, leisure, professional training, culture, dignity, respect, freedom, and family and community life, as well as to guard them from all forms of negligence, discrimination, exploitation, violence, cruelty, and oppression.
Paragraph 1. The State shall promote full health assistance programmes for children, adolescents, and young people, the participation of non-governmental entities being allowed, by means of specific policies and with due regard to the following precepts:
I – allocation of a percentage of public health care funds to mother and child assistance;
…
Paragraph 6. Children born inside or outside wedlock or adopted shall have the same rights and qualifications, any discriminatory designation of their filiation being forbidden.
… (Art. 227)

It is the duty of parents to assist, raise and educate their under-age children and it is the duty of children of age to help and assist their parents in old-age, need or sickness. (Art. 229)

Until such time as the complementary law referred to in art. 7, I, of this Constitution is enacted:
…
II. arbitrary dismissal or dismissal without just cause is prohibited:
…
b. for a pregnant employee, from the date the pregnancy is confirmed until five months after birth.
§1°. Until the law regulates the provisions of art. 7, XIX, of the Constitution, the period of paternity leave referred to in the subparagraph shall be five days.
… (Transitional Constitutional Provisions Act 1988, Art. 10)

The state shall ensure to all the full exercise of the cultural rights and access to the sources of national culture and shall support and foster the appreciation and diffusion of cultural expressions.
Paragraph 1. The State shall protect the expressions of popular, Indian and Afro-Brazilian cultures, as well as those of other groups participating in the national civilization process.
… (Art. 215)

…
Paragraph 2. Women and clergymen are exempt from compulsory military service in times of peace, but are subject to other duties assigned to them by law. (Art. 143)

All persons are equal before the law, without any distinction whatsoever, Brazilians and foreigners residing in the country being ensured of inviolability of the right to life, to liberty, to equality, to security and to property, on the following terms:
…
XVII – freedom of association for lawful purposes is fully guaranteed, any paramilitary association being forbidden;
… (Art. 5)

The sovereignty of the people shall be exercised by universal suffrage and by the direct and secret voting, with equal value for all, and, according to the law, by means of:
I – plebiscite;
II – referendum;
III – people’s initiative.
Paragraph 1. Electoral enrollment and voting are:
I – mandatory for persons over eighteen years of age;
II – optional for:
a) the illiterate;
b) those over seventy years of age;
c) those over sixteen and under eighteen years of age.
… (Art. 14)

…
Paragraph 7. Political parties shall allocate at least 5% (five percent) of the resources from the party fund to the creation and maintenance of programs for the promotion and dissemination of women's political participation, according to the intra-party interests.
Paragraph 8. The total amount of the Special Fund for Campaign Financing and the portion of the party fund allocated to electoral campaigns, as well as the free access time to radio and television to be distributed by the parties to their respective female candidates, shall be of at least 30% (thirty percent), proportional to the number of female candidates, and the distribution shall be carried out according to criteria established by the respective boards of direction and by regulatory norms, considering party autonomy and interest. (Art. 17)

The creation, amalgamation, merger and extinction of political parties is free, with due regard for national sovereignty, the democratic regime, the plurality of political parties, the fundamental rights of the individual, and observing the following precepts:
I – national character;
II – prohibition from receiving financial assistance from a foreign entity or government or from subordination to same;
III – rendering of accounts to the Electoral Courts;
IV – operation in the National Congress in accordance with the law.
Paragraph 1. Political parties are assured autonomy to define their internal structure; to establish rules on the choice, composition and duration of their permanent and provisional bodies, as well as on their organization and operation; and to adopt the selection criteria as well as the regime of their coalitions in majority elections. Coalitions are forbidden in proportional elections and there is no obligation to follow the same party alliances at the national, state, Federal District or municipal levels. The by-laws of the parties shall establish rules of discipline and party loyalty.
Paragraph 2. After acquiring corporate legal status under civil law, political parties shall register their by-laws at the Superior Electoral Court.
Paragraph 3. Access to the party fund as well as to free advertisement on the radio and television, pursuant to the law, will be available only to political parties that have alternatively:
I – obtained, in the elections for the Chamber of Deputies, at least 3% (three percent) of the valid votes, distributed in at least one third of the units of the Federation, with a minimum of 2% (two percent) of the valid votes in each of them; or
II – elected at least fifteen Federal Deputies distributed in at least one third of the units of the Federation.
Paragraph 4. Political parties are forbidden to use paramilitary organizations.
...
Paragraph 7. Political parties shall allocate at least 5% (five percent) of the resources from the party fund to the creation and maintenance of programs for the promotion and dissemination of women's political participation, according to the intra-party interests.
Paragraph 8. The total amount of the Special Fund for Campaign Financing and the portion of the party fund allocated to electoral campaigns, as well as the free access time to radio and television to be distributed by the parties to their respective female candidates, shall be of at least 30% (thirty percent), proportional to the number of female candidates, and the distribution shall be carried out according to criteria established by the respective boards of direction and by regulatory norms, considering party autonomy and interest. (Art. 17)
 

The following are the bodies of Electoral Justice:
I – the Superior Electoral Court;
II – the Regional Electoral Courts;
III – the Electoral Judges;
IV – the Electoral Boards. (Art. 118)

A supplementary law shall provide for the organization and competence of the electoral courts, judges and boards.
… (Art. 121)

...
Paragraph 3. The conditions for eligibility, according to the law, are:
I – the Brazilian nationality;
II – the full exercise of the political rights;
III – the electoral enrollment;
IV – the electoral domicile in the electoral district;
V – the membership in a political party;
VI – the minimum age of:
a) thirty-five years for President and Vice-President of the Republic and Senator;
...
Paragraph 4. The illiterate and those that cannot be registered as voters are not eligible.
... (Art. 14)

The Executive Power is exercised by the President of the Republic, assisted by the Ministers of State. (Art. 76)

The election of the President and Vice-President of the Republic shall take place simultaneously,
…
Paragraph 2. The candidate who, being registered by a political party, obtains an absolute majority of votes, not counting blank or void votes, shall be considered elected President.
... (Art. 77)

...
Paragraph 3. The conditions for eligibility, according to the law, are:
I – the Brazilian nationality;
II – the full exercise of the political rights;
III – the electoral enrollment;
IV – the electoral domicile in the electoral district;
V – the membership in a political party;
VI – the minimum age of:
a) thirty-five years for President and Vice-President of the Republic and Senator;
...
Paragraph 4. The illiterate and those that cannot be registered as voters are not eligible.
... (Art. 14)

The election of the President and Vice-President of the Republic shall take place simultaneously, …
Paragraph 1. The election of the President of the Republic shall imply the election of the Vice-President registered with him.
… (Art. 77)

The Vice-President shall replace the President in the event of impediment and shall succeed him in the event of vacancy.
Sole paragraph. In addition to other duties attributed to him by a supplementary law, the Vice-President shall assist the President whenever summoned by him for special missions. (Art. 79)

The Executive Power is exercised by the President of the Republic, assisted by the Ministers of State. (Art. 76)

The President of the Republic shall have the exclusive power to:
I – appoint and dismiss the Ministers of State;
… (Art. 84)

The Ministers of State shall be chosen from among Brazilians over twenty-one years of age and in possession of their political rights.
… (Art. 87)

...
Paragraph 3. The conditions for eligibility, according to the law, are:
I – the Brazilian nationality;
II – the full exercise of the political rights;
III – the electoral enrollment;
IV – the electoral domicile in the electoral district;
V – the membership in a political party;
VI – the minimum age of:
a) thirty-five years for President and Vice-President of the Republic and Senator;
...
c) twenty-one years for Federal Deputy, State or District Deputy, Mayor, Vice-Mayor, and justice of the peace;
...
Paragraph 4. The illiterate and those that cannot be registered as voters are not eligible.
... (Art. 14)

The Legislative Power is exercised by the National Congress, which is composed of the Chamber of Deputies and the Federal Senate.
… (Art. 44)

The Chamber of Deputies is composed of representatives of the people, elected, by the proportional system, in each state, territory and in the Federal District.
Paragraph 1. The total number of Deputies, as well as the representation of the states and of the Federal District shall be established by a supplementary law, in proportion to the population, and the necessary adjustments shall be made in the year preceding the elections, so that none of those units of the Federation has less than eight or more than seventy Deputies.
Paragraph 2. Each territory shall elect four Deputies. (Art. 45)

The Federal Senate is composed of representatives of the states and of the Federal District, elected by a majority vote.
Paragraph 1. Each state and the Federal District shall elect three Senators for a term of office of eight years.
… (Art. 46)

All persons are equal before the law, without any distinction whatsoever, Brazilians and foreigners residing in the country being ensured of inviolability of the right to life, to liberty, to equality, to security and to property, on the following terms:
…
XXII – the right of property is guaranteed;
…
XXVI – the small rural property, as defined by law, provided that it is exploited by the family, shall not be subject to attachment for the payment of debts incurred by reason of its productive activities, and the law shall establish the means to finance its development;
…
XXX – the right to inheritance is guaranteed;
… (Art. 5)

It is exclusively the competence of the National Congress:
…
XVI – to authorize, in Indian lands, the exploitation and use of hydric resources and the prospecting and mining of mineral resources;
… (Art. 49)

An individual who possesses an urban area of up to two hundred and fifty square meters, for five years, without interruption or opposition, using it as his or as his family’s home, shall acquire domain of it, provided that he does not own any other urban or rural property.
Paragraph 1. The deed of domain and concession of use shall be granted to the man or woman, or both, regardless of their marital status.
Paragraph 2. This right shall not be recognized for the same holder more than once.
… (Art. 183)

The beneficiaries of distribution of rural land through agrarian reform shall receive title-deeds or concession of use which may not be transacted for a period of ten years.
Sole paragraph. The title-deed and the concession of use shall be granted to the man or the woman, or to both, irrespective of their marital status, according to the terms and conditions set forth by law. (Art. 189)

The individual who, not being the owner of rural or urban property, holds as his own, for five uninterrupted years, without opposition, an area of land in the rural zone, not exceeding fifty hectares, making it productive with his labour or that of his family, and having his dwelling thereon, shall acquire ownership of the land.
… (Art. 191)

Indians shall have their social organization, customs, languages, creeds and traditions recognized, as well as their original rights to the lands they traditionally occupy, it being incumbent upon the Union to demarcate them, protect and ensure respect for all of their property.
Paragraph 1. Lands traditionally occupied by Indians are those on which they live on a permanent basis, those used for their productive activities, those indispensable to the preservation of the environmental resources necessary for their well-being and for their physical and cultural reproduction, according to their uses, customs and traditions.
Paragraph 2. The lands traditionally occupied by Indians are intended for their permanent possession and they shall have the exclusive usufruct of the riches of the soil, the rivers and the lakes existing therein.
Paragraph 3. Hydric resources, including energetic potentials, may only be exploited, and mineral riches in Indian land may only be prospected and mined with the authorization of the National Congress, after hearing the communities involved, and the participation in the results of such mining shall be ensured to them, as set forth by law.
Paragraph 4. The lands referred to in this article are inalienable and indisposable and the rights thereto are not subject to limitation.
Paragraph 5. The removal of Indian groups from their lands is forbidden, except ad referendum of the National Congress, in case of a catastrophe or an epidemic which represents a risk to their population, or in the interest of the sovereignty of the country, after decision by the National Congress, it being guaranteed that, under any circumstances, the return shall be immediate as soon as the risk ceases.
Paragraph 6. Acts with a view to occupation, domain and possession of the lands referred to in this article or to the exploitation of the natural riches of the soil, rivers and lakes existing therein, are null and void, producing no legal effects, except in case of relevant public interest of the Union, as provided by a supplementary law and such nullity and voidness shall not create a right to indemnity or to sue the Union, except in what concerns improvements derived from occupation in good faith, in the manner prescribed by law.
Paragraph 7. The provisions of article 174, paragraphs 3 and 4, shall not apply to Indian lands. (Art. 231)

Final title shall be recognized for the remaining members of the former fugitive slave communities who are occupying their lands, and the State shall grant them the respective deeds. (Transitional Constitutional Provisions Act 1988, Art. 68)

All persons are equal before the law, without any distinction whatsoever, Brazilians and foreigners residing in the country being ensured of inviolability of the right to life, to liberty, to equality, to security and to property, on the following terms:
…
III – no one shall be submitted to torture or to inhuman or degrading treatment;
…
XLIII – the practice of torture, the illicit traffic of narcotics and related drugs, as well as terrorism, and crimes defined as heinous crimes shall be considered by law as non-bailable and not subject to grace or amnesty, and their principals, agents, and those who omit themselves while being able to avoid such crimes shall be held liable;
…
XLVII – there shall be no punishment:
…
c) of hard labour;
…
e) which is cruel;
…
LXVIII – habeas corpus shall be granted whenever a person suffers or is in danger of suffering violence or coercion against his freedom of locomotion, on account of illegal actions or abuse of power;
… (Art. 5)

The following are rights of urban and rural workers, among others that aim to improve their social conditions:
…
XXXIII – prohibition of night, dangerous, or unhealthy work for minors under eighteen years of age, and of any work for minors under sixteen years of age, except as an apprentice, for minors above fourteen years of age;
… (Art. 7)

…
Paragraph 8. The State shall ensure assistance to the family in the person of each of its members, creating mechanisms to suppress violence within the family. (Art. 226)

It is the duty of the family, society, and the State to ensure children, adolescents, and young people, with absolute priority, the right to life, health, nourishment, education, leisure, professional training, culture, dignity, respect, freedom, and family and community life, as well as to guard them from all forms of negligence, discrimination, exploitation, violence, cruelty, and oppression.
…
Paragraph 4. The law shall severely punish abuse, violence and sexual exploitation of children and adolescents.
… (Art. 227)

Rural and urban properties in any region of the country where illegal plantations of psychotropic plants are found or the exploitation of slave labour as defined by law is uncovered shall be expropriated and assigned to agrarian reform and to low-income housing programs, with no indemnity to the owner and without prejudice to other sanctions set forth by law, with due regard, when appropriate, for the provisions of Article 5.
… (Art. 243)

The fundamental objectives of the Federative Republic of Brazil are:
…
III – to eradicate poverty and substandard living conditions and to reduce social and regional inequalities;
IV – to promote the well-being of all, without prejudice as to origin, race, sex, colour, age and any other forms of discrimination. (Art. 3)

Education, health, food, work, housing, transportation, leisure, security, social welfare, protection of motherhood and childhood, and assistance to the destitute, are social rights, as set forth by this Constitution.
Sole paragraph. Every Brazilian in a situation of social vulnerability is entitled to a basic family income, guaranteed by the government in a permanent income transfer program, whose rules and access requirements will be determined by law, in compliance with fiscal and budgetary legislation. (Art. 6)

The following are rights of urban and rural workers, among others that aim to improve their social conditions:
…
XII – family allowance paid to each dependent of low-income workers, under the terms of the law;
…
XXV – free assistance for children and dependents of up to five years of age, in day-care centres and pre-school facilities;
… (Art. 7)

The Union, the states and the Federal District have the power to legislate concurrently on:
…
XII – social security, protection and defense of health;
… (Art. 24)

The economic order, founded on the appreciation of the value of human work and on free enterprise, is intended to ensure everyone a life with dignity, in accordance with the dictates of social justice, with due regard for the following principles:
…
VII – reduction of regional and social differences; 
… (Art. 170)

Social security will be organized under the General Social Security System, of a contributory nature and mandatory membership, observing criteria that preserve the financial and actuarial balance, and will, in accordance with the law, meet:
I – the coverage of events of temporary or permanent incapacity for work and advanced age;
II – protection to maternity, especially to pregnant women;
III – protection to workers in a situation of involuntary unemployment;
IV – family allowance and confinement allowance for the dependents of the low-income insured;
V – pension for death of the insured, man or woman, to the spouse or companion, and dependents, complying with the provision of paragraph 2.
…
Paragraph 12. A law will institute a special social security inclusion system, with different rates, to assist low-income workers, including those who are in an informal situation, and those without their own income, who dedicate themselves exclusively to domestic work within the scope of their residence, provided that belonging to low-income families.
… (Art. 201)

Social assistance shall be rendered to whomever may need it, regardless of contribution to social welfare and shall have as objectives:
I – the protection of the family, maternity, childhood, adolescence and old age;
… (Art. 203)

The family, which is the foundation of society, shall enjoy special protection from the State.
…
Paragraph 8. The State shall ensure assistance to the family in the person of each of its members, creating mechanisms to suppress violence within the family. (Art. 226)

…
Paragraph 1. The State shall promote full health assistance programmes for children, adolescents, and young people, the participation of non-governmental entities being allowed, by means of specific policies and with due regard to the following precepts:
I – allocation of a percentage of public health care funds to mother and child assistance;
… (Art. 227)

Former combatants who actually participated in war operations during the Second World War, in the terms of Law No. 5.315 of September 12, 1967, shall be assured the following rights:
…
II. a special pension corresponding to that left by a second lieutenant of the Armed Forces, which may be applied for at any time and may not be accumulated with any other income received from the public coffers, except for social security benefits, reserving the right to choose;
III. in the event of death, a proportional pension for the widow or companion or dependent, in an amount equal to that of the prior subparagraph;
…
VI. priority in the acquisition of one's own home for those who do not own one, or for their widows or companions.
… (Transitional Constitutional Provisions Act 1988, Art. 53)

For the purposes of financial restoration of the Federal Treasury and economic stabilization, the Emergency Social Fund shall be instituted in fiscal years 1994 and 1995, as well as in the periods from January 1, 1996 to June 30, 1997 and July 1, 1997 to December 31, 1999. Its resources shall be applied by giving priority to funding actions of the systems of health and education (including complementing the resources dealt with in § 3 of art. 60 of the Transitional Constitutional Provisions Act), social security benefits and continued assistance benefits, including liquidation of the social security deficit, and the budgetary expenses associated with programs of relevant economic and social interest.
… (Transitional Constitutional Provisions Act 1988, Art. 71)

…
Paragraph 7. Based on the principles of human dignity and responsible parenthood, family planning is a free choice of the couple, it being within the competence of the State to provide educational and scientific resources for the exercise of this right, any coercion by official or private agencies being forbidden.
… (Art. 226)

...
Paragraph 2. The rights and guarantees expressed in this Constitution do not exclude others deriving from the regime and from the principles adopted by it, or from the international treaties in which the Federative Republic of Brazil is a party.
Paragraph 3. International human rights treaties and conventions which are approved in each House of the National Congress, in two rounds of voting, by three fifths of the votes of the respective members shall be equivalent to constitutional amendments.
... (Art. 5)

The states are organized and governed by the Constitutions and laws they may adopt, in accordance with the principles of this Constitution.
… (Art. 25)

…
Paragraph 2. Final decisions on merits, pronounced by the Supreme Federal Court, in direct actions of unconstitutionality and declaratory actions of constitutionality shall have force against all, as well as a binding effect, as regards the other bodies of the Judicial Power and the governmental entities and entities owned by the Federal Government, in the federal, state, and local levels.
… (Art. 102)

...
Paragraph 2. The rights and guarantees expressed in this Constitution do not exclude others deriving from the regime and from the principles adopted by it, or from the international treaties in which the Federative Republic of Brazil is a party.
Paragraph 3. International human rights treaties and conventions which are approved in each House of the National Congress, in two rounds of voting, by three fifths of the votes of the respective members shall be equivalent to constitutional amendments.
Paragraph 4. Brazil accepts the jurisdiction of an International Criminal Court to whose creation it has expressed its adhesion. (Art. 5)

Brazil shall strive for creation of an international human rights tribunal. (Transitional Constitutional Provisions Act 1988, Art. 7)

The Supreme Federal Court is responsible, essentially, for safeguarding the Constitution, and it is within its competence:
…
III – to judge, on extraordinary appeal, cases decided in a sole or last instance, when the decision appealed:
…
b) declares a treaty or a federal law unconstitutional;
…
Paragraph 2. Final decisions on merits, pronounced by the Supreme Federal Court, in direct actions of unconstitutionality and declaratory actions of constitutionality shall have force against all, as well as a binding effect, as regards the other bodies of the Judicial Power and the governmental entities and entities owned by the Federal Government, in the federal, state, and local levels.
… (Art. 102)

...
Paragraph 5. In cases of serious human rights violations, and with a view to ensuring compliance with obligations deriving from international human rights treaties to which Brazil is a party, the Attorney-General of the Republic may request, before the Superior Court of Justice, and in the course of any of the stages of the inquiry or judicial action, that jurisdiction on the matter be taken to Federal Justice. (Art. 109)

The Union, the states, the Federal District and the municipalities are forbidden to:
I – establish religious sects or churches, subsidize them, hinder their activities, or maintain relationships of dependence or alliance with them or their representatives, without prejudice to collaboration in the public interest in the manner set forth by law;
… (Art. 19)

…
Paragraph 2. Religious marriage has civil effects, in accordance with the law.
… (Art. 226)

Indians shall have their social organization, customs, languages, creeds and traditions recognized, as well as their original rights to the lands they traditionally occupy, it being incumbent upon the Union to demarcate them, protect and ensure respect for all of their property.
Paragraph 1. Lands traditionally occupied by Indians are those on which they live on a permanent basis, those used for their productive activities, those indispensable to the preservation of the environmental resources necessary for their well-being and for their physical and cultural reproduction, according to their uses, customs and traditions.
… (Art. 231)