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Title 3 Chapter 5

The Federal District and the Territories

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Table of contents

Section 1: The Federal District

Article 32.

The Federal District, which may not be divided into municipalities, shall be governed by an organic law.

This law is:

  • voted in 2 readings with a minimum interval of 10 days
  • approved by 2/3 of the Legislative Chamber, which shall enact it
  1. The legislative powers reserved to the states and municipalities are attributed to the Federal District.

  2. The election of the Governor and the Vice-Governor, complying with the rules of article 77, and of the District Deputies shall coincide with that of the state Governors and Deputies, for a term of office of the same duration.

  3. The provisions of article 27 apply to the District Deputies and the Legislative Chamber.

  4. A federal law shall provide for the use, by the Government of the Federal District, of the civil and military polices and the military fire brigade.

Section 2: The Territories

Article 33. The law shall provide for the administrative and judicial organization of the territories.

Paragraph 1. The territories may be divided into municipalities, to which the provisions of Chapter IV of this Title shall be applied, insofar as pertinent.

Paragraph 2. The accounts of the Government of the territory shall be submitted to the National Congress, with the prior opinion of the Federal Audit Court.

Paragraph 3. In the federal territories with over a hundred thousand inhabitants, in addition to the Governor, appointed as set forth in this Constitution, there shall be judicial agencies of first and second instances, members of the Public Prosecution and Federal Public Legal Defenders; the law shall provide for the elections to the Territory Chamber and its decision-making powers.

CHAPTER 6: Intervention

Article 34. The Union shall not intervene in the states or in the Federal District, except:

  1. to maintain national integrity;

  2. to repel foreign invasion or that of one unit of the Federation into another;

  3. to put an end to serious jeopardy to public order;

  4. to guarantee the free exercise of any of the powers of the units of the Federation;

  5. to reorganize the finances of a unit of the Federation that: a) stops the payment of its funded debt for more than two consecutive years, except for reasons of force majeure; b) fails to deliver to the municipalities the tax revenues established in this Constitution, within the periods of time set forth by law;

  6. to provide for the enforcement of federal law, judicial order or decision;

  7. to ensure compliance with the following constitutional principles: a) republican form, representative system and democratic regime; b) rights of the human person; c) municipal autonomy; d) rendering of accounts of the direct and indirect public administration; e) the application of the minimum required amount of the revenues resulting from state taxes, including revenues originating from transfers, to the maintenance and development of education and to health actions and public services.

Article 35. The state shall not intervene in its municipalities, neither the Union in the municipalities located in a federal territory, except when:

  1. the funded debt is not paid for two consecutive years, without reasons of force majeure;
  2. the due accounts are not rendered, in the manner prescribed by law
  3. the minimum required amount of the municipal revenues has not been applied to the maintenance and development of education and to health actions and public services;
  4. the Court of Justice grants a petition to ensure observance of the principles indicated in the state Constitution or to provide for the enforcement of the law, judicial order or decision.

Article 36. The issuance of a decree of intervention shall depend:

  1. on a request from the coerced or impeded Legislative or Executive Power, or on a requisition from the Supreme Federal Court, if the coercion is exercised against the Judicial Power, in the case of article 34, IV;
  2. in case of disobedience to a judicial order or decision, on a requisition from the Supreme Federal Court, the Superior Court of Justice or the Superior Electoral Court;
  3. on the granting of a petition from the Attorney-General of the Republic by the Supreme Federal Court, in the case of article 34, VII, and in the case of refusal to enforce a federal law;

Paragraph 1. The decree of intervention, which shall specify the extent, the period and the conditions of enforcement and which, if pertinent, shall appoint the intervenor, shall be submitted to the National Congress or the State Legislative Assembly for consideration, within twenty-four hours.

Paragraph 2. If the National Congress or the Legislative Assembly are not in session, a special session shall be called within the same twenty-four hours.

Paragraph 3. In the case of article 34, VI and VII, or article 35, IV, when the consideration by the National Congress or the Legislative Assembly may be waived, the decree shall be limited to suspending the enforcement of the impugned act, if such measure suffices to restore normality.

Paragraph 4. Upon cessation of the reasons that caused the intervention, the authorities removed from their offices shall return to them, unless there is some legal impediment.

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