Temporary Constitutional Provisions Act

Article 1.

The President of the Republic, the President of the Supreme Federal Court and the members of the National Congress shall take an oath to maintain, defend and comply with the Constitution, upon and on the date of the promulgation thereof.

Article 2.

On September 7, 1993, the voters shall define, through a plebiscite, the form (republic or constitutional monarchy) and system of government (parliamentary or presidential) to be in force in Brazil.

Paragraph 1. The free diffusion of these forms and systems through public utility mass communication vehicles shall be free of charge.

Paragraph 2. The Superior Electoral Court shall, upon promulgation of the Constitution, issue the regulatory rules for this article.

Article 3.

The revision of the Constitution shall be effected after five years as of its promulgation, by the vote of the absolute majority of the members of the National Congress in a unicameral session.

Article 4.

The term of office of the incumbent President of the Republic shall end on March 15, 1990.

Paragraph 1. The first election for President of the Republic after promulgation of the Constitution shall be held on November 15, 1989, and the provisions of article 16 of the Constitution shall not apply thereto.

Paragraph 2. The irreducibility of the present representation of the states and the Federal District in the Chamber of Deputies is ensured.

Paragraph 3. The terms of office of the Governors and of the Vice-Governors elected on November 15, 1986 shall end on March 15, 1991.

Paragraph 4. The terms of office of the present Mayors, Vice-Mayors and City Councilmen shall end on January 1, 1989, with the inauguration of those elected.

Article 5. The provisions of article 16 and the rules of article 77 of the Constitution do not apply to the elections scheduled for November 15, 1988.

Paragraph 1. For the elections of November 15, 1988, an electoral domicile in the electoral district of at least four months prior to the election shall be required, and the candidates who fulfill this requirement and satisfy the other legal requisites may register with the Electoral Courts after the Constitution is promulgated.

Paragraph 2. In the absence of a specific legal rule, it shall be incumbent upon the Superior Electoral Court to issue the rules required to hold the 1988 elections, with due regard for the laws in force.

Paragraph 3. Present Federal Congressmen and State Representatives elected for the office of Vice-Mayor, if called to exercise the office of Mayor, shall not lose their parliamentary office.

Paragraph 4. The number of Councilmen per municipality shall be determined, for the representation to be elected in 1988, by the respective Regional Electoral Court, with due regard for the limits established in article 29, IV, of the Constitution.

Paragraph 5. For the elections to be held on November 15, 1988, except for those who already hold an elective office, the spouse and relatives by blood or marriage up to the second degree or relatives by adoption of the President of the Republic, of a State Governor, or the Governor of the Federal District and of a Mayor who have served more than half of their term of office, are ineligible for any office within the jurisdiction of the office holder.

Article 6.

Federal Congressmen may, during the six months following the promulgation of the Constitution, and forming a group of at least thirty, request from the Superior Electoral Court the registration of a new political party, the petition to be accompanied by the respective manifest, the by-laws and the programme duly signed by the petitioners.

Paragraph 1. The provisional registration, which shall be promptly granted by the Superior Electoral Court, according to this article, grants to the new party all rights, duties and prerogatives of the existing parties, among which the right to take part, under its own name, in the elections to be held during the twelve months following its formation.

Paragraph 2. The new party shall automatically lose its provisional registration if, within twenty-four months of its formation, it fails to obtain the final registration at the Superior Electoral Court, as established by law.

Article 7.

Brazil shall strive for the creation of an international court of human rights.

Article 8.

Amnesty is granted to those who, during the period from September 18, 1946, to the date the Constitution is promulgated, have been affected, exclusively for political reasons, by institutional or supplementary acts of exception, to those encompassed in Legislative Decree no. 18, of December 15, 1961, and to those affected by Decree-Law no. 846, of September 12, 1969, ensuring the promotions, in their inactivity, to the office, position or rank to which they would be entitled if they were in active service, with due regard for the periods of continuous activity set forth in laws and regulations in force, respecting the characteristics and peculiarities of the careers of civil and military public servants and complying with the respective legal regimes.

Paragraph 1. The provisions of this article shall only generate financial effects as from the promulgation of the Constitution, any kind of retroactive compensation being forbidden.

Paragraph 2. The benefits established in this article are ensured to workers of the private sector, union officers and representatives who, for exclusively political reasons, have been punished, dismissed or compelled to leave the remunerated activities they had been performing, as well as to those who have been prevented from performing their professional activities by virtue of ostensive pressures or secret official procedures.

Paragraph 3. Reparation of economic nature shall be granted, as set forth by a law to be proposed by the National Congress and to become effective within twelve months counted from the promulgation of the Constitution, to citizens who were prevented from performing, as civilians, a specific professional activity by virtue of Reserved Ordinances of the Ministry of the Air Force

Paragraph 4. To those who, by virtue of institutional acts, have gratuitously exercised elective offices of city councilmen, the respective periods shall be computed for purposes of social security and retirement from civil service.

Paragraph 5. The amnesty granted under this article applies to civil servants and to employees at all levels of government or at its foundations, state-owned companies or mixed-capital companies under state control, except in the military Ministries, who have been punished or dismissed from professional activities interrupted by decision of their employees, as well as by virtue of Decree-Law no. 1,632, of August 4, 1978, or for exclusively political reasons, the readmission of those affected as from 1979 being ensured, with due regard for the provisions of paragraph 1.

Article 9. Those who, for exclusively political reasons, were disfranchised or had their political rights suspended during the period from July 15 to December 31, 1969, by an act of the then President of the Republic, may request the Supreme Federal Court to acknowledge the rights and advantages interrupted by the punitive acts, provided that they prove that such acts were marked by gross flaws. The Supreme Federal Court shall pronounce its decision within one hundred and twenty days as from the request of the interested party.

Article 10. Until the supplementary law referred to in article 7, I, of the Constitution is promulgated:

1. the protection referred to therein is limited to the increase, to four times, of the percentage set forth in article 6, head paragraph and paragraph 1, of the Law no. 5,107 6 of September 13, 1966;

2. arbitrary dismissal or dismissal without just cause is prohibited:

a) of an employee elected to an executive office of internal accident prevention committees, from the date of the registration of his candidacy to one year after the end of his term of office;

b) of a pregnant employee, from the date the pregnancy is confirmed to five months after delivery.

Paragraph 1. Until such time as the law shall regulate the provisions of article 7, XIX, of the Constitution, the period of paternity leave referred to in the item is of five days.

Paragraph 2. Until further legal provisions are established, the contributions to fund the activities of rural unions shall be collected together with the rural property tax, by the same collecting agency.

Paragraph 3. Upon the first proof of fulfillment of labour obligations by rural employers, as established by article 233 7 , after the promulgation of the Constitution, the conformity of the contract to the law and of the correction of the labour obligations over the entire period shall be certified before the Labour Courts.