Fundamental Provisions

Section 1. General Provisions

Article 136

Public Power is distributed among Municipal Power, that of the States Power and National Power. National Public Power is divided into Legislative, Executive, Judicial, Citizen and Electoral.

Each of the branches of Public Power has its own functions, but the organs charged with exercising the same shall cooperate with one another in attaining the ends of the State.

Article 137

The Constitution and the law shall define the authorities of the organs, which exercise Public Power, and the activities carried on by such organs shall be subject to the same.

Article 138

An usurped authority is of no effect, and its acts are null and void.

Article 139

The exercise of Public Power gives rise to individual liability for abuse or misapplication of power, or for violation of this Constitution or the law.

Article 140

The State shall be financially liable for any damages suffered by private individuals to any of their property or rights, provided the harm is imputable to the functioning of Public Administration.

Section 2. Public Administration

Article 141

Public Administration is at the service of the citizen and is based on the principles of honesty, participation, expeditiousness, efficacy, efficiency, transparency, accountability and responsibility in the performance of public functions, being fully subject to the law and to the right.

Article 142

Autonomous institutions can be created only by law. Such institutions, as well as public interests in foundations or organs of any nature, shall be subject to State Control in such form as may be established by law.

Article 143

Citizens have the right to be informed by Public Administration, in a timely and truthful manner, of the status of proceedings in which they have a direct interest, and to be apprised of any final decisions adopted in the matter.

Likewise, they have access to administrative files and records, without prejudice to the limits acceptable in a democratic society in matters relating to internal and external security, criminal, investigation and the intimacy of private life, in accordance with law regulating the matter of classification of documents with contents which are confidential or secret. No censorship of public officials reporting on matters for which they are responsible shall be permitted.

Section 3. Public Functions

Article 144

Statutes governing public functions shall be enacted by law, with rules concerning entering, promotion, transfers, suspension and removal of employees of Public Administration, and will provide for their incorporation into Social Security.

The duties and requirements that are to be met by public employees in the exercise of their official functions shall be determined by law.

Article 145

Public officials or employees serve the state, and not any partisan interest. Their appointment and removal shall not be determined based on political affiliation or orientation. A person who is in the service of the Municipalities, the States, the Republic, or any other State public or private juridical persons, shall not be permitted to enter into a contract of any kind with them, either directly or through any interposed person, or as representative of another, with such exceptions as may be established by law.

Article 146

Positions in the organs of Public Administration are to be filled by career personnel. Exceptions are those elected by popular vote, those whose holders may be appointed and removed freely, those contracted for, laborers in the service of Public Administration and any others determined by law.

Engagement of public officials to fill career positions shall be by public competition, based on principles of honesty, capability and efficiency. Promotion shall be governed by scientific methods based on the merit system, and transfer, suspension and removal shall depend on performance.

Article 147

In order for paid public positions to be filled, it is necessary that the pertinent compensation be provided for in the pertinent budget.

Public Administration salary scales shall be established by regulation, in accordance with law.

The pertinent organic law may establish reasonable limits on the compensation earned by national, state and municipal public officials.

The national law shall establish the pension or retirement system for national, state and municipal public officials.

Article 148

No one shall be permitted to hold more than one paid public position, except in the case of academic, temporary, care-giving or teaching positions, as determined by law.

Acceptance of a second position not included among the exceptions stated in this article shall imply resignation from the first, except in the case of substitutes, as long as they do not permanently replace the regular holder of the position concerned.

No one shall be permitted to enjoy more than one set of pension or retirement benefits, except in the cases expressly determined by law.

Article 149

Public officials shall not be permitted to accept employment, honors or rewards from foreign governments without authorization from the National Assembly.