Temporary Constitutional Provisions Act

Article 11. Each Legislative Assembly endowed with constituent powers, shall draft the State Constitution within one year as from the promulgation of the Federal Constitution, with due regard for the principles of the latter.

After the promulgation of the State Constitution, it shall be incumbent upon the City Council, within six months, to vote the respective Organic Law, in two rounds of discussion and voting, with due regard for the provisions of the Federal and state Constitutions.

Article 12. Within ninety days of the promulgation of the Constitution, a Land Studies Committee shall be created, with ten members nominated by the National Congress and five members by the Executive Power, for the purpose of submitting studies concerning the national territory and draft bills regarding new territorial units, particularly in the Legal Amazonian Region and in areas pending solution.

Paragraph 1. Within one year the Committee shall submit the results of its studies to the National Congress so that, in accordance with the Constitution, such studies may be examined during the twelve subsequent months, the committee being dissolved shortly thereafter.

Paragraph 2. The states and the municipalities shall, within three years of the promulgation of the Constitution, provide, by agreement or adjustment, for the demarcation of their borders presently in litigation, and they may for such purpose effect area alterations and compensations which allow for natural features, historical criteria, administrative ease and convenience of the bordering populations.

Paragraph 3. At the request of the interested states and municipalities, the Union may undertake the demarcation work.

Paragraph 4. If, three years after the promulgation of the Constitution, the demarcation work has not been completed, the Union shall determine the borders of the areas under litigation.

Paragraph 5. The present borders of the state of Acre with the states of Amazonas and Rondonia are hereby recognized and ratified according to cartographic and geodesic surveys conducted by the Tripartite Committee formed by representatives of the states and of the specialized technical services of the Brazilian Institute of Geography and Statistics.

Article 13. The state of Tocantins is created by separation of the area described in this article and its installation shall occur on the forty-sixth day after the election provided for in paragraph 3, but not before January 1, 1989.

Paragraph 1. The state of Tocantins is part of the Northern Region and borders with the state of Goiás along the northern boundaries of the municipalities of São Miguel do Araguaia, Porangatu, Formoso, Minaçu, Cavalcante, Monte Alegre de Goiás and Campos Belos, maintaining the present eastern, northern and western borders of Goiás with the states of Bahia, Piauí, Maranhão, Pará and Mato Grosso.

Paragraph 2. The Executive Power shall designate one of the cities of the state as its provisional capital until such time as the final seat of government is approved by the Constituent Assembly.

Paragraph 3. The Governor, the Vice-Governor, the Senators and the Federal and State Deputies shall be elected, in a single voting, within seventy-five days after the promulgation of the Constitution, but not before November 15, 1988, at the discretion of the Superior Electoral Court, with due regard, among others, for the following rules:

1. the deadline for affiliation of the candidates to the parties shall end seventy- five days prior to the date of the elections;

2. the dates for the regional party conventions for the purpose of deciding upon coalitions and choice of candidates, for the presentation of the application for registration of the candidates chosen and for the other legal procedures shall be determined by the Electoral Courts in a special schedule;

3. the holders of state or municipal offices who have not left such offices on a definitive basis seventy-five days prior to the date of the elections provided for in this paragraph shall be ineligible;

4. the present regional committees of the political parties of the state of Goiás are maintained, it being incumbent upon the national executive committees to appoint provisional committees for the state of Tocantins, in accordance with and for the purposes established by law.

Paragraph 4. The terms of office of Governor, Vice-Governor and Federal and State Deputies elected in accordance with the preceding paragraph shall end concurrently with those of the other units of the Federation; the term of office of the least voted elected Senator shall end on the same occasion and the terms of office of the other two Senators shall end together with those of the Senators elected in 1986 in the other states.

Paragraph 5. The State Constituent Assembly shall be installed on the forty-sixth day as from the election of its members, but not before January 1, 1989, under the chairmanship of the President of the Regional Electoral Court of the state of Goiás, and shall on the same date inaugurate the elected Governor and Vice-Governor.

Paragraph 6. The legal rules regulating the division of the state of Mato Grosso shall apply, where appropriate, to the creation and installation of the state of Tocantins with due regard for the provisions of article 234 of the Constitution.

Paragraph 7. The state of Goiás shall be released from debts and burdens resulting from undertakings within the territory of the new state, and the Union is authorized, at its discretion, to take over such debts.

Article 14. The federal territories of Roraima and of Amapá are transformed into federated states, their present geographic borders being maintained.

Paragraph 1. The installation of the states shall occur upon the inauguration of the governors elected in 1990.

Paragraph 2. The rules and criteria adopted for the creation of the state of Rondônia shall apply to the transformation and installation of the states of Roraima and Amapá, with due regard for the provisions of the Constitution and of this Act.

Paragraph 3. The President of the Republic shall, within forty-five days of the promulgation of the Constitution, submit for examination by the Federal Senate the names of the governors of the states of Roraima and Amapá who shall exercise the Executive Power until the new states are installed with the inauguration of the elected governors.

Paragraph 4. Until the transformation into states is effected according to this article, the federal territories of Roraima and Amapá shall enjoy the benefits of transfer of funds provided for in article 159, I, a, of the Constitution and article 34, paragraph 2, II, of this Act.

Article 15. The Federal Territory of Fernando de Noronha is extinguished and its area reincorporated into the state of Pernambuco.

Article 16. Until the provisions of article 32, paragraph 2, of the Constitution are implemented, it shall be incumbent upon the President of the Republic, with the approval of the Federal Senate, to appoint the Governor and Vice-Governor of the Federal District.

Paragraph 1. The authority of the Legislative Chamber of the Federal District shall, until such time as it is installed, be exercised by the Federal Senate.

Paragraph 2. The accounting, financial, budgetary, operational and property supervision of the Federal District shall, until such time as the Legislative Chamber is installed, be carried out by the Federal Senate, by means of external control, with the assistance of the Audit Court of the Federal District, with due regard for the provisions of article 72 of the Constitution.

Paragraph 3. The assets of the Federal District shall include those which may be assigned to it by the Union as established by law.

Article 17. Earnings, compensation, advantages and additional pay, as well as retirement pensions which are being received in disagreement with this Constitution, shall be reduced immediately to the limits arising therefrom, it not being allowed, in this case, to invoke a vested right or receipt of excess on any account.

Paragraph 1. It is ensured the cumulative occupation of two medical offices or jobs that are held by a military physician in the direct or indirect government administration.

Paragraph 2. The cumulative occupation of two offices or jobs reserved for health professionals is ensured if held in the direct or indirect government administration. Article 18. The legal effects of any legislative or administrative act drawn up as of the installation of the National Constituent Assembly, with the objective of granting tenure to a public servant admitted without a public entrance examination to the direct or indirect administration, including the foundations instituted and maintained by the Government, shall be extinguished.

Article 19. Civil public servants of the Union, the states, the Federal District and the municipalities, of the direct administration, autonomous government entities and government foundations, who, on the date of promulgation of the Constitution, have been in office for at least five continuous years, and who have not been admitted as established in article 37 of the Constitution, are deemed to have tenure in the public service.

Paragraph 1. The period of service of the civil servants referred to in this article shall be considered as a credential when they take a competitive examination for the purpose of acquiring tenure, as set forth by law.

Paragraph 2. The provisions of this article do not apply to the holders of trust or commission functions and jobs nor to those who are legally subject to free discharge, whose period of service shall not be computed for the purposes of the head paragraph of this article, exception being made for public servants.

Paragraph 3. The provisions of this article shall not apply to higher education professors as set forth by law.