The Council of the Republic and the National Defense Council

Sub-Section 1: The Council of the Republic

Article 89. The Council of the Republic is a higher body for consultation by the President of the Republic.

Its members are:

1. Vice-President of the Republic;
2. President of the Chamber of Deputies;
3. President of the Federal Senate;
4. majority and the minority leaders in the Chamber of Deputies;
5. the majority and the minority leaders in the Federal Senate;
6. the Minister of Justice;
7. six born Brazilian citizens, with over thirty-five years of age, two of which appointed by the President of the Republic, two elected by the Federal Senate and two elected by the Chamber of Deputies, all with a term of office of three years, the re-appointment being prohibited.

Article 90. The Council of the Republic has the competence to express opinion on:

1. federal intervention, state of defense and state of siege;
2. matters relevant to the stability of the democratic institutions. Paragraph 1. The President of the Republic may call a State Minister to participate in the Council meeting, when the agenda includes a matter related to the respective Ministry. Paragraph 2. The organization and operation of the Council of the Republic shall be regulated by law.

SUBSection 2: The National Defense Council

Article 91. The National Defense Council is a consultation body of the President of the Republic on matters related to national sovereignty and the defense of the democratic state, and the following participate in it as natural members:

1. the Vice-President of the Republic;
2. the President of the Chamber of Deputies;
3. the President of the Federal Senate;
4. the Minister of Justice;
5. the Minister of Defense;
6. the Minister of External Relations;
7. the Minister of Planning;
8. the Commanders of the Navy, the Army, and the Air Force.

Paragraph 1. It is the competence of the National Defense Council:

1. to express opinion in the event of declaration of war and making of peace, as established in this Constitution
2. to express opinion on the decreeing of state of defense, state of siege and federal intervention
3. to propose the criteria and conditions for the use of areas which are indispensable to the security of the national territory and to express opinion on their actual use, especially on the boundary zone and on those related to the preservation and exploitation of natural resources of any kind;
4. to study, propose and monitor the development of initiatives required to guarantee national independence and the defense of the democratic state.

Paragraph 2. The organization and the operation of the National Defense Council shall be regulated by law.