Temporary Constitutional Provisions Act

Article 49. The law shall provide for the institution of emphyteusis concerning urban real property, the tenants having the option, in the event of extinction, of redemption of the emphyteusis, by acquisition of direct title in accordance with the provisions contained in the respective contracts.

Paragraph 1. In the absence of a contractual clause, the criteria and bases currently in force in the special legislation on real estate of the Union shall be adopted.

Paragraph 2. The rights of present registered occupants shall be ensured by application of another kind of contract.

Paragraph 3. Emphyteusis shall continue to be applied to tide lands and those lands added to them, which are located within the security strip extending from the coast line.

Paragraph 4. After redemption of the emphyteusis, the former holder of direct title shall, within ninety days, subject to liability, entrust all documents related to such title to the custody of the competent real estate registry.

Article 50. An agricultural law to be promulgated within one year shall provide, in accordance with this Constitution, for the objectives and instruments of agricultural policy, priorities, crop planning, marketing, internal supply, foreign market and institution of agrarian credit.

Article 51. All donations, sales and concessions of public land with an area of more than three thousand hectares, made in the period from January 1, 1962, to December 31, 1987, shall be reviewed by the National Congress, by a joint committee, during the three years following the promulgation of the Constitution.

Paragraph 1. Insofar as sales are concerned, the review shall be based exclusively on the criterion of lawfulness of the transaction.

Paragraph 2. In the case of concessions and donations, the review shall comply with the criteria of lawfulness and of convenience of public interest.

Paragraph 3. In the cases set forth in the preceding paragraphs, if illegality is proven or if there is public interest, the lands shall revert to the ownership of the Union, of the states, of the Federal District or of the municipalities.

Article 52. Until such time as the conditions referred to in article 192 are established, the following are forbidden: (CA No. 40, 2002)

1. the installation, in the country, of new branches of financial institutions domiciled abroad;

2. increase of percentual participation of individuals and legal entities resident or domiciled abroad in the capital of financial institutions with headquarters in Brazil.

The prohibition referred to in this article does not apply to the authorizations resulting from international agreements, from reciprocity or from interest of the Brazilian Government.

Article 53. Veterans who have actually participated in war operations during the Second World War, in accordance with Law number 5,315 of September 12, 1967, shall be ensured the following rights:

1. admission to public service without being required to undergo a public entrance examination, with tenure

2. special pension corresponding to that of Second Lieutenant of the Armed Forces, which may be applied for at any time and may not be accumulated with any other earnings received from the public treasury, except for social security benefits, the right to opt being ensured

3. in case of death, proportional pension to the widow, companion or dependent, in an amount equal to that of the preceding item;

4. free medical, hospital and educational assistance extending to dependents;

5. retirement with full pay after twenty-five years of actual service, under any juridical system;

6. priority in the acquisition of a home for those who do not own one or for their widows or companions.

The concession of the special pension referred to in item II replaces, for all legal effects, any other pension already granted to the veteran.

Article 54. Rubber-tappers recruited in accordance with Decree-Law number 5,813 of September 14, 1943, and protected by Decree-Law number 9,882 of September 16, 1946, shall receive, when needy, a monthly pension for life in the amount of two minimum wages.

Paragraph 1. The benefit extends to rubber-tappers who, at the request of the Brazilian Government, contributed to the war effort by working in rubber production in the Amazonian Region during the Second World War.

Paragraph 2. The benefits established in this article may be transferred to dependents who are provenly needy.

Paragraph 3. The concession of the benefit shall be done in accordance with the law to be proposed by the Executive Power within one hundred and fifty days of the promulgation of the Constitution.

Article 55. Until such time as the law of budgetary directives is approved, at least thirty percent of the social welfare budget, excluding unemployment insurance, shall be allocated to the health sector.

Article 56. Until such time as the law regulates article 195, I, the revenues resulting from at least five of the six tenths of one percent corresponding to the rate of the contribution referred to in Decree-Law number 1940 of May 25, 1982, as amended by Decree-Law number 2,049 of August 1, 1983, by Decree number 91,236 of May 8, 1985, and by Law number 7,611 of July 8, 1987, shall become part of the social welfare revenues, excepting, exclusively in the fiscal year of 1988, commitments assumed for ongoing programmes and projects.

Article 57. The debts of the states and municipalities related to social security contributions up to June 30, 1988, shall be settled, with adjustment for inflation, in one hundred and twenty monthly installments, with the waiver of the interests and penalties applicable thereto, provided the debtors request installment payment and begin such payment within one hundred and eighty days of the promulgation of this Constitution.

Paragraph 1. The amount to be paid in each of the first two years shall not be less than five percent of the total consolidated and updated debt, the balance to be divided into equal monthly installments.

Paragraph 2. Settlement may include payments by assignment of assets and rendering of services, as set forth in Law number 7,578 of December 23, 1986.

Paragraph 3. As guarantee for the payment of the installments, the states and municipalities shall each year consign in their respective budgets the appropriations required for the payment of their debts.

Paragraph 4. If any of the conditions established for the concession of installment payment are not met, the debt shall be considered as due and payable in full and liable for default interest; in such case, the portion of the funds corresponding to the Participation Funds intended for the debtor states and municipalities shall be blocked and transferred to the social security for payment of their debts.

Article 58. Benefits paid on a continuous basis and maintained by social security on the date of the promulgation of the Constitution shall have their values reviewed so as to re-establish their purchasing power expressed in terms of the numbers of minimum wages they represented on the date on which they were granted, such updating criterion to be adopted until the plan of funding and benefits referred to in the following article is implemented.

The monthly benefit payments updated in accordance with this article shall be due and paid as from the seventh month after the promulgation of the Constitution.

Article 59. The bills of law for the organization of social welfare and for the plan of funding and benefits shall be submitted, not more than six months after the promulgation of the Constitution, to the National Congress, which shall have six months to examine them.

Upon approval by the National Congress, the plans shall be implemented progressively in the following eighteen months.