Last updated: November, 2008
PREAMBLE
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 international orders, to the peaceful
settlement of disputes, promulgate, under the protection of God, this CONSTITUTION
OF THE FEDERATIVE REPUBLIC OF BRAZIL
TITLE I. FUNDAMENTAL PRINCIPLES
Article 1. 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:
1. sovereignty;
2. citizenship;
3. the dignity of the human person;
4. the social values of labour and of the free enterprise;
5. political pluralism.
Sole paragraph - All power emanates from the people, who exercise it by means of elected representatives or directly, as provided by this Constitution.
Article 2. The Legislative, the Executive and the Judicial, independent and harmonious
among themselves, are the powers of the Union.
Article 3. The fundamental objectives of the Federative Republic of Brazil are:
1. to build a free, just and solidary society;
2. to guarantee national development;
3. to eradicate poverty and substandard living conditions and to reduce social and
regional inequalities;
4. to promote the well-being of all, without prejudice as to origin, race, sex, colour, age
and any other forms of discrimination.
Article 4. The international relations of the Federative Republic of Brazil are governed by
the following principles:
1. national independence;
2. prevalence of human rights;
3. self-determination of the peoples;
4. non-intervention;
5. equality among the states;
6. defense of peace;
7. peaceful settlement of conflicts;
8. repudiation of terrorism and racism;
9. cooperation among peoples for the progress of mankind;
10. granting of political asylum.
Sole paragraph - The Federative Republic of Brazil shall seek the economic, political,
social and cultural integration of the peoples of Latin America, viewing the formation of
a Latin-American community of nations.
TITLE II - FUNDAMENTAL RIGHTS AND GUARANTEES
CHAPTER I - INDIVIDUAL AND COLLECTIVE RIGHTS AND DUTIES
Article 5. 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:
1. men and women have equal rights and duties under the terms of this Constitution;
2. no one shall be obliged to do or refrain from doing something except by virtue of
law;
3. no one shall be submitted to torture or to inhuman or degrading treatment;
4. the expression of thought is free, and anonymity is forbidden;
5. the right of reply is ensured, in proportion to the offense, as well as compensation for
property or moral damages or for damages to the image;
6. freedom of conscience and of belief is inviolable, the free exercise of religious cults
being ensured and, under the terms of the law, the protection of places of worship and
their rites being guaranteed;
7. under the terms of the law, the rendering of religious assistance in civil and military
establishments of collective confinement is ensured;
8. no one shall be deprived of any rights by reason of religious belief or philosophical
or political conviction, unless he invokes it to exempt himself from a legal obligation
required of all and refuses to perform an alternative obligation established by law;
9. the expression of intellectual, artistic, scientific, and communications activities is
free, independently of censorship or license;
10. the privacy, private life, honour and image of persons are inviolable, and the right to
compensation for property or moral damages resulting from their violation is ensured;
11. the home is the inviolable refuge of the individual, and no one may enter therein
without the consent of the dweller, except in the event of flagrante delicto or disaster, or
to give help, or, during the day, by court order;
12. the secrecy of correspondence and of telegraphic, data and telephone
communications is inviolable, except, in the latter case, by court order, in the cases and in
the manner prescribed by law for the purposes of criminal investigation or criminal
procedural finding of facts;
13. the practice of any work, trade or profession is free, observing the professional
qualifications which the law shall establish;
14. access to information is ensured to everyone and the confidentiality of the source
shall be safeguarded, whenever necessary to the professional activity;
15. locomotion within the national territory is free in time of peace, and any person may,
under the terms of the law, enter it, remain therein or leave it with his assets;
16. all persons may hold peaceful meetings, without weapons, in places open to the
public, regardless of authorization provided that they do not frustrate another meeting
previously called for the same place, subject only to prior notice to the competent
authority;
17. freedom of association for lawful purposes is fully guaranteed, any paramilitary
association being forbidden;
18. the creation of associations and, under the terms of the law, that of cooperatives is
not subject to authorization, and State interference in their operation is forbidden;
19. associations may only be compulsorily dissolved or have their activities suspended
by a judicial decision, and a final and unappealable decision is required in the first case;
20. no one shall be compelled to become associated or to remain associated;
21. when expressly authorized, associations shall have the legitimacy to represent their members either judicially or extrajudicially:
22. the right of property is guaranteed;
23. property shall observe its social function;
24. the law shall establish the procedure for expropriation for public necessity or use, or
for social interest, with fair and previous pecuniary compensation, except for the cases
provided in this Constitution;
25. in case of imminent public danger, the competent authority may make use of private
property, provided that, in case of damage, subsequent compensation is ensured to the
owner;
26. 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;
27. the exclusive right of use, publication or reproduction of works rests upon their
authors and is transmissible to their heirs for the time the law shall establish;
28. under the terms of the law, the following are ensured:
1. protection of individual participation in collective works and of reproduction of
the human image and voice, sports activities included;
2. the right to authors, interpreters and respective unions and associations to
monitor the economic exploitation of the works which they create or in which they
participate;
29. the law shall ensure the authors of industrial inventions of a temporary privilege for
their use, as well as protection of industrial creations, property of trademarks, names of
companies and other distinctive signs, viewing the social interest and the technological
and economic development of the country;
30. the right to inheritance is guaranteed;
31. succession to the estate of foreigners which is located in Brazil shall be regulated by
the Brazilian law in favour of the Brazilian spouse or children, whenever the personal law
of the deceased is not more favourable to them;
32. the State shall provide, as set forth by law, for the defense of consumers;
33. all persons have the right to receive, from the public agencies, information of private
interest to such persons, or of collective or general interest, which shall be provided
within the period established by law, subject to liability, except for the information whose
secrecy is essential to the security of society and of the State:
34. the following are ensured to everyone without any payment of fees
1. the right to petition the Government in defense of rights or against illegal acts or
abuse of power;
2. the obtaining of certificates from government offices, for the defense of rights
and clarification of situations of personal interest;
35. the law shall not exclude any injury or threat to a right from the consideration of the
Judicial Power;
36. the law shall not injure the vested right, the perfect juridical act and the res judicata:
37. there shall be no exceptional tribunal or court:
38. the institution of the jury is recognized, according to the organization which the
law shall establish, and the following are ensured:
1. full defense;
2. secrecy of voting; 3. sovereignty of verdicts;
4. power to judge willfill crimes against life;
39. there is no crime without a previous law to define it, nor a punishment without a
previous legal commination;
40. penal law shall not be retroactive, except to benefit the defendant;
41. the law shall punish any discrimination which may attempt against fundamental
rights and liberties;
42. the practice of racism is a non-bailable crime, with no limitation, subject to the
penalty of confinement, under the terms of the law;
43. 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 nonbailable 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;
44. the action of armed groups, either civil or military, against the constitutional order
and the democratic state is a non-bailable crime, with no limitation;
45. no punishment shall go beyond the person of the convict, and the obligation to
compensate for the damage, as well as the decreeing of loss of assets may, under the
terms of the law, be extended to the successors and executed against them, up to the limit
of the value of the assets transferred;
46. the law shall regulate the individualization of punishment and shall adopt the
following, among others:
1. deprivation or restriction of freedom;
2. loss of assets;
3. fine;
4. alternative rendering of social service;
5. suspension or deprivation of rights;
47. there shall be no punishment:
1. of death, save in case of declared war under the terms of article 84, MX;
2. of life imprisonment;
3. of hard labour;
4. of banishment;
5. which is cruel;
48. the sentence shall be served in separate establishments, according to the nature of
the offense, the age and the sex of the convict;
49. prisoners are ensured of respect to their physical and moral integrity;
50. female prisoners shall be ensured of adequate conditions to stay with their children
during the nursing period;
51. no Brazilian shall be extradited, except the naturalized ones in the case of a common
crime committed before naturalization, or in the case there is sufficient evidence of
participation in the illicit traffic of narcotics and related drugs, under the terms of the law;
52. extradition of a foreigner on the basis of political or ideological crime shall not be
granted;
53. no one shall undergo legal proceeding or sentencing save by the competent
authority;
54. no one shall be deprived of freedom or of his assets without the due process of law;
55. litigants, in judicial or administrative processes, as well as defendants in general are ensured of the adversary system and of full defense. with the means and resources
inherent to it;
56. evidence obtained through illicit means are unacceptable in the process;
57. no one shall be considered guilty before the issuing of a final and unappealable
penal sentence;
58. no one who has undergone civil identification shall be submitted to criminal
identification, save in the cases provided by law;
59. private prosecution in the cases of crimes subject to public prosecution shall be
admitted, whenever the latter is not filed within the period established by law;
60. the law may only restrict the publicity of procedural acts when the defense of
privacy or the social interest require it;
61. no one shall be arrested unless in flagrante delicto or by a written and justified order
of a competent judicial authority, save in the cases of military transgression or specific
military crime, as defined in law;
62. the arrest of any person as well as the place where he is being held shall be
immediately informed to the competent judge and to the family of the person arrested or
to the person indicated by him;
63. the arrested person shall be informed of his rights, among which the right to remain
silent, and he shall be ensured of assistance by his family and a lawyer;
64. the arrested person is entitled to identification of those responsible for his arrest or
for his police questioning;
65. illegal arrest shall be immediately remitted by the judicial authority;
66. no one shall be taken to prison or held therein, when the law admits release on own
recognizance, subject or not to bail;
67. there shall be no civil imprisonment for indebtedness except in the case of a person
responsible for voluntary and inexcusable default of alimony obligation and in the case of
an unfaithful trustee;
68. 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;
69. 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;
70. a collective writ of mandamus may be filed by:
1. a political party represented in the National Congress;
2. 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;
71. 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;
72. habeas data shall be granted:
1. to ensure the knowledge of information related to the person of the petitioner,
contained in records or databanks of government agencies or of agencies of a public
character;
2. for the correction of data, when the petitioner does not prefer to do so through a confidential process, either judicial or administrative;
73. any citizen is a legitimate party to file a people's legal action with a view to
nullifying an act injurious to the public property or to the property of an entity in which
the State participates, to the administrative morality, to the environment and to the
historic and cultural heritage, and the author shall, save in the case of proven bad faith, be
exempt from judicial costs and from the burden of defeat;
74. the State shall provide full and free-of-charge legal assistance to all who prove
insufficiency of funds;
75. the State shall compensate a convict for judicial error, as well as a person who
remains imprisoned for a period longer than the one established by the sentence;
76. for all who are acknowledgedly poor, the following is free of charge, under the
terms of the law:
1. civil birth certificate;
2. death certificate;
77. habeas corpus and habeas data proceedings and, under the terms of the law, the acts
necessary to the exercise of citizenship are free of charge;
Paragraph 1. 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.
CHAPTER II - SOCIAL RIGHTS
Article 6. Education, health, work, leisure, security, social security, protection of
motherhood and childhood, and assistance to the destitute, are social rights, as set forth
by this Constitution.
SECTION II - HEALTH
Article 196. Health is a right of all and a duty of the State and shall be guaranteed by
means of social and economic policies aimed at reducing the risk of illness and other
hazards and at the universal and equal access to actions and services for its promotion,
protection and recovery.
Article 197. Health actions and services are of public importance, and it is incumbent
upon the Government to provide, in accordance with the law for their regulation,
supervision and control, and they shall be carried out directly or by third parties and also
by individuals or private legal entities
Article 198. Health actions and public services integrate a regionalized and hierarchical
network and constitute a single system, organized according to the following directives:
1. decentralization, with a single management in each sphere of government;
2. full service, priority being given to preventive activities, without prejudice to
assistance services;
3. participation of the community.
Sole paragraph - The unified health system shall be financed, as set forth in article 195,
with funds from the social welfare budget of the Union, the states, the Federal District
and the municipalities, as well as from other sources.
Article 199. Health assistance is open to private enterprise. Paragraph 1 - Private institutions may participate in a supplementary manner in the
unified health system, in accordance with the directives established by the latter, by
means of public law contracts or agreements, preference being given to philanthropic and
non-profit entities.
Paragraph 2 - The allocation of public funds to aid or subsidize profit- oriented private
institutions is forbidden.
Paragraph 3 - Direct or indirect participation of foreign companies or capital in heath
assistance in the country is forbidden, except in cases provided by law.
Paragraph 4 - The law shall provide for the conditions and requirements which facilitate
the removal of organs, tissues and human substances for the purpose of transplants,
research and treatment, as well as the collection, processing and transfusion of blood and
its by-products, all kinds of sale being forbidden.
Article 200. It is incumbent upon the unified health system, in addition to other duties, as
set forth by the law:
1. to supervise and control proceedings, products and substances of interest to health
and to participate in the production of drugs, equipments, immunobiological products,
blood products and other inputs;
2. to carry out actions of sanitary and epidemiologic vigilance as well as those relating
to the health of workers;
3. to organize the training of personnel in the area of health;
4. to participate in the definition of the policy and in the implementation of basic
sanitation actions;
5. to foster, within its scope of action, scientific and technological development;
6. to supervise and control foodstuffs, including their nutritional contents, as well as
drinks and water for human consumption;
7. to participate in the supervision and control of the production, transportation, storage
and use of pschycoactive, toxic and radioactive substances and products;
8. to cooperate in the preservation of the environment, including that of the workplace.
TITLE I. FUNDAMENTAL PRINCIPLES
Article 1. 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:
1. sovereignty;
2. citizenship;
3. the dignity of the human person;
4. the social values of labour and of the free enterprise;
5. political pluralism.
Sole paragraph - All power emanates from the people, who exercise it by means of elected representatives or directly, as provided by this Constitution.
Article 2. The Legislative, the Executive and the Judicial, independent and harmonious
among themselves, are the powers of the Union.
Article 3. The fundamental objectives of the Federative Republic of Brazil are:
1. to build a free, just and solidary society;
2. to guarantee national development;
3. to eradicate poverty and substandard living conditions and to reduce social and
regional inequalities;
4. to promote the well-being of all, without prejudice as to origin, race, sex, colour, age
and any other forms of discrimination.
Article 4. The international relations of the Federative Republic of Brazil are governed by
the following principles:
1. national independence;
2. prevalence of human rights;
3. self-determination of the peoples;
4. non-intervention;
5. equality among the states;
6. defense of peace;
7. peaceful settlement of conflicts;
8. repudiation of terrorism and racism;
9. cooperation among peoples for the progress of mankind;
10. granting of political asylum.
Sole paragraph - The Federative Republic of Brazil shall seek the economic, political,
social and cultural integration of the peoples of Latin America, viewing the formation of
a Latin-American community of nations.
TITLE II - FUNDAMENTAL RIGHTS AND GUARANTEES
CHAPTER I - INDIVIDUAL AND COLLECTIVE RIGHTS AND DUTIES
Article 5. 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:
1. men and women have equal rights and duties under the terms of this Constitution;
2. no one shall be obliged to do or refrain from doing something except by virtue of
law;
3. no one shall be submitted to torture or to inhuman or degrading treatment;
4. the expression of thought is free, and anonymity is forbidden;
5. the right of reply is ensured, in proportion to the offense, as well as compensation for
property or moral damages or for damages to the image;
6. freedom of conscience and of belief is inviolable, the free exercise of religious cults
being ensured and, under the terms of the law, the protection of places of worship and
their rites being guaranteed;
7. under the terms of the law, the rendering of religious assistance in civil and military
establishments of collective confinement is ensured;
8. no one shall be deprived of any rights by reason of religious belief or philosophical
or political conviction, unless he invokes it to exempt himself from a legal obligation
required of all and refuses to perform an alternative obligation established by law;
9. the expression of intellectual, artistic, scientific, and communications activities is
free, independently of censorship or license;
10. the privacy, private life, honour and image of persons are inviolable, and the right to
compensation for property or moral damages resulting from their violation is ensured;
11. the home is the inviolable refuge of the individual, and no one may enter therein
without the consent of the dweller, except in the event of flagrante delicto or disaster, or
to give help, or, during the day, by court order;
12. the secrecy of correspondence and of telegraphic, data and telephone
communications is inviolable, except, in the latter case, by court order, in the cases and in
the manner prescribed by law for the purposes of criminal investigation or criminal
procedural finding of facts;
13. the practice of any work, trade or profession is free, observing the professional
qualifications which the law shall establish;
14. access to information is ensured to everyone and the confidentiality of the source
shall be safeguarded, whenever necessary to the professional activity;
15. locomotion within the national territory is free in time of peace, and any person may,
under the terms of the law, enter it, remain therein or leave it with his assets;
16. all persons may hold peaceful meetings, without weapons, in places open to the
public, regardless of authorization provided that they do not frustrate another meeting
previously called for the same place, subject only to prior notice to the competent
authority;
17. freedom of association for lawful purposes is fully guaranteed, any paramilitary
association being forbidden;
18. the creation of associations and, under the terms of the law, that of cooperatives is
not subject to authorization, and State interference in their operation is forbidden;
19. associations may only be compulsorily dissolved or have their activities suspended
by a judicial decision, and a final and unappealable decision is required in the first case;
20. no one shall be compelled to become associated or to remain associated;
21. when expressly authorized, associations shall have the legitimacy to represent their members either judicially or extrajudicially:
22. the right of property is guaranteed;
23. property shall observe its social function;
24. the law shall establish the procedure for expropriation for public necessity or use, or
for social interest, with fair and previous pecuniary compensation, except for the cases
provided in this Constitution;
25. in case of imminent public danger, the competent authority may make use of private
property, provided that, in case of damage, subsequent compensation is ensured to the
owner;
26. 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;
27. the exclusive right of use, publication or reproduction of works rests upon their
authors and is transmissible to their heirs for the time the law shall establish;
28. under the terms of the law, the following are ensured:
1. protection of individual participation in collective works and of reproduction of
the human image and voice, sports activities included;
2. the right to authors, interpreters and respective unions and associations to
monitor the economic exploitation of the works which they create or in which they
participate;
29. the law shall ensure the authors of industrial inventions of a temporary privilege for
their use, as well as protection of industrial creations, property of trademarks, names of
companies and other distinctive signs, viewing the social interest and the technological
and economic development of the country;
30. the right to inheritance is guaranteed;
31. succession to the estate of foreigners which is located in Brazil shall be regulated by
the Brazilian law in favour of the Brazilian spouse or children, whenever the personal law
of the deceased is not more favourable to them;
32. the State shall provide, as set forth by law, for the defense of consumers;
33. all persons have the right to receive, from the public agencies, information of private
interest to such persons, or of collective or general interest, which shall be provided
within the period established by law, subject to liability, except for the information whose
secrecy is essential to the security of society and of the State:
34. the following are ensured to everyone without any payment of fees
1. the right to petition the Government in defense of rights or against illegal acts or
abuse of power;
2. the obtaining of certificates from government offices, for the defense of rights
and clarification of situations of personal interest;
35. the law shall not exclude any injury or threat to a right from the consideration of the
Judicial Power;
36. the law shall not injure the vested right, the perfect juridical act and the res judicata:
37. there shall be no exceptional tribunal or court:
38. the institution of the jury is recognized, according to the organization which the
law shall establish, and the following are ensured:
1. full defense;
2. secrecy of voting; 3. sovereignty of verdicts;
4. power to judge willfill crimes against life;
39. there is no crime without a previous law to define it, nor a punishment without a
previous legal commination;
40. penal law shall not be retroactive, except to benefit the defendant;
41. the law shall punish any discrimination which may attempt against fundamental
rights and liberties;
42. the practice of racism is a non-bailable crime, with no limitation, subject to the
penalty of confinement, under the terms of the law;
43. 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 nonbailable 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;
44. the action of armed groups, either civil or military, against the constitutional order
and the democratic state is a non-bailable crime, with no limitation;
45. no punishment shall go beyond the person of the convict, and the obligation to
compensate for the damage, as well as the decreeing of loss of assets may, under the
terms of the law, be extended to the successors and executed against them, up to the limit
of the value of the assets transferred;
46. the law shall regulate the individualization of punishment and shall adopt the
following, among others:
1. deprivation or restriction of freedom;
2. loss of assets;
3. fine;
4. alternative rendering of social service;
5. suspension or deprivation of rights;
47. there shall be no punishment:
1. of death, save in case of declared war under the terms of article 84, MX;
2. of life imprisonment;
3. of hard labour;
4. of banishment;
5. which is cruel;
48. the sentence shall be served in separate establishments, according to the nature of
the offense, the age and the sex of the convict;
49. prisoners are ensured of respect to their physical and moral integrity;
50. female prisoners shall be ensured of adequate conditions to stay with their children
during the nursing period;
51. no Brazilian shall be extradited, except the naturalized ones in the case of a common
crime committed before naturalization, or in the case there is sufficient evidence of
participation in the illicit traffic of narcotics and related drugs, under the terms of the law;
52. extradition of a foreigner on the basis of political or ideological crime shall not be
granted;
53. no one shall undergo legal proceeding or sentencing save by the competent
authority;
54. no one shall be deprived of freedom or of his assets without the due process of law;
55. litigants, in judicial or administrative processes, as well as defendants in general are ensured of the adversary system and of full defense. with the means and resources
inherent to it;
56. evidence obtained through illicit means are unacceptable in the process;
57. no one shall be considered guilty before the issuing of a final and unappealable
penal sentence;
58. no one who has undergone civil identification shall be submitted to criminal
identification, save in the cases provided by law;
59. private prosecution in the cases of crimes subject to public prosecution shall be
admitted, whenever the latter is not filed within the period established by law;
60. the law may only restrict the publicity of procedural acts when the defense of
privacy or the social interest require it;
61. no one shall be arrested unless in flagrante delicto or by a written and justified order
of a competent judicial authority, save in the cases of military transgression or specific
military crime, as defined in law;
62. the arrest of any person as well as the place where he is being held shall be
immediately informed to the competent judge and to the family of the person arrested or
to the person indicated by him;
63. the arrested person shall be informed of his rights, among which the right to remain
silent, and he shall be ensured of assistance by his family and a lawyer;
64. the arrested person is entitled to identification of those responsible for his arrest or
for his police questioning;
65. illegal arrest shall be immediately remitted by the judicial authority;
66. no one shall be taken to prison or held therein, when the law admits release on own
recognizance, subject or not to bail;
67. there shall be no civil imprisonment for indebtedness except in the case of a person
responsible for voluntary and inexcusable default of alimony obligation and in the case of
an unfaithful trustee;
68. 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;
69. 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;
70. a collective writ of mandamus may be filed by:
1. a political party represented in the National Congress;
2. 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;
71. 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;
72. habeas data shall be granted:
1. to ensure the knowledge of information related to the person of the petitioner,
contained in records or databanks of government agencies or of agencies of a public
character;
2. for the correction of data, when the petitioner does not prefer to do so through a confidential process, either judicial or administrative;
73. any citizen is a legitimate party to file a people's legal action with a view to
nullifying an act injurious to the public property or to the property of an entity in which
the State participates, to the administrative morality, to the environment and to the
historic and cultural heritage, and the author shall, save in the case of proven bad faith, be
exempt from judicial costs and from the burden of defeat;
74. the State shall provide full and free-of-charge legal assistance to all who prove
insufficiency of funds;
75. the State shall compensate a convict for judicial error, as well as a person who
remains imprisoned for a period longer than the one established by the sentence;
76. for all who are acknowledgedly poor, the following is free of charge, under the
terms of the law:
1. civil birth certificate;
2. death certificate;
77. habeas corpus and habeas data proceedings and, under the terms of the law, the acts
necessary to the exercise of citizenship are free of charge;
Paragraph 1. 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.
CHAPTER II - SOCIAL RIGHTS
Article 6. Education, health, work, leisure, security, social security, protection of
motherhood and childhood, and assistance to the destitute, are social rights, as set forth
by this Constitution.
SECTION II - HEALTH
Article 196. Health is a right of all and a duty of the State and shall be guaranteed by
means of social and economic policies aimed at reducing the risk of illness and other
hazards and at the universal and equal access to actions and services for its promotion,
protection and recovery.
Article 197. Health actions and services are of public importance, and it is incumbent
upon the Government to provide, in accordance with the law for their regulation,
supervision and control, and they shall be carried out directly or by third parties and also
by individuals or private legal entities
Article 198. Health actions and public services integrate a regionalized and hierarchical
network and constitute a single system, organized according to the following directives:
1. decentralization, with a single management in each sphere of government;
2. full service, priority being given to preventive activities, without prejudice to
assistance services;
3. participation of the community.
Sole paragraph - The unified health system shall be financed, as set forth in article 195,
with funds from the social welfare budget of the Union, the states, the Federal District
and the municipalities, as well as from other sources.
Article 199. Health assistance is open to private enterprise. Paragraph 1 - Private institutions may participate in a supplementary manner in the
unified health system, in accordance with the directives established by the latter, by
means of public law contracts or agreements, preference being given to philanthropic and
non-profit entities.
Paragraph 2 - The allocation of public funds to aid or subsidize profit- oriented private
institutions is forbidden.
Paragraph 3 - Direct or indirect participation of foreign companies or capital in heath
assistance in the country is forbidden, except in cases provided by law.
Paragraph 4 - The law shall provide for the conditions and requirements which facilitate
the removal of organs, tissues and human substances for the purpose of transplants,
research and treatment, as well as the collection, processing and transfusion of blood and
its by-products, all kinds of sale being forbidden.
Article 200. It is incumbent upon the unified health system, in addition to other duties, as
set forth by the law:
1. to supervise and control proceedings, products and substances of interest to health
and to participate in the production of drugs, equipments, immunobiological products,
blood products and other inputs;
2. to carry out actions of sanitary and epidemiologic vigilance as well as those relating
to the health of workers;
3. to organize the training of personnel in the area of health;
4. to participate in the definition of the policy and in the implementation of basic
sanitation actions;
5. to foster, within its scope of action, scientific and technological development;
6. to supervise and control foodstuffs, including their nutritional contents, as well as
drinks and water for human consumption;
7. to participate in the supervision and control of the production, transportation, storage
and use of pschycoactive, toxic and radioactive substances and products;
8. to cooperate in the preservation of the environment, including that of the workplace.
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