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§ 13. Except in cases of flagrante delicto, no arrest can be effected except after sentence has been prouounced on the accused, save in the cases determined by law, and upon the written order of a competent authority.
$ 14. No one may be kept in prison without a definite chargo being preferred against him, excepting in the cases prescribed by law, nor be taken to prison, or kept there, if proper surety be offered in those cases where the law sanctions the same.
$ 15. No one sball be sentenced except by the competent authority by virtue of an existing law and in the manner prescribed by the same.
$ 16. The fullest defence will be secured by law to the accused, together with all resources and means essential to the same, from the moment of the indictment, copy of which must be delivered to the prisoner within tweniy-four hours of his arrest, signed by the proper authority, with the names of the prosecutor and of the witnesses.
$ 17. The rights of property are maintained in their entirety, save as regards expropriation on the ground of necessity or of public utility, upon payment of compensation in advance.
Mines belong to the owners of the soil, subject to such limitations as are provided by law to promote the development of this branch of industry.
$ 18. The seal of correspondence is inviolable.
$ 19. No penalty will extend beyond the person of the delinquent.
$ 20. The penalty of the galleys and that of judicial bauishment are abolished.
$ 21. The penalty of death is likewise abolished, saving the provisions of military law in time of war.
$ 22. The habeas corpus must always be granted whenever a person suffers from, or is in imminent danger of suffering from, violence or restraint illegally or through an abuse of power.
$ 23. Excepting in cases which, from their nature, are within the jurisdiction of special Judges, there will be no privileged Tribunal
$ 24. The free exercise of any moral, intellectual, or industrial profession is guaranteed.
$ 25. Industrial inventions will belong to the inventors of the same, to whom a patent will be granted for a limited time, or a reasonable premium will be granted by Congress when it is expedient to make the invention public property.
$26. To authors of literary and artistic works the exclusive right of reproduction by printing or by any other mechanical process is guaranteed. The heirs of these authors will enjoy this right for such period as the law inay determine.
$ 27. The law will also secure the ownership of trade-marks.
$ 28. No Brazilian citizen may, on account of his religious belief, or of a religious office, be deprived of his civil and political rights, or be exempted from the fulfilment of any civil duty.
$ 29. Those who may put forward the ground of religious belief with a view to obtaining exemption from any burden which the laws of the Republic impose on its citizens, and those who may accept any foreign order or title of nobility, will lose all their political rights.
$ 30. No tax of any kind may be collected except by virtue of a law authorizing the same.
$31. The system of trial by jury is maintained.
Art. 73. Public civil or military offices are accessible to all Brazilians so long as the conditions of special capacity prescribed by law are observed, the accumulation of paid offices being, bowever, probibited.
Art. 74. Permanent commissions, posts, and offices are fully guaranteed.
Art. 75. Retiring pensions can only be granted to public officials who have been invalided in the service of the country.
Art. 76. Officers of the army or navy will only lose their commissions in con sequence of a sentence of more than two years' imprisonment delivered by a competent Tribunal.
Art. 77. Soldiers and sailors will be tried by special jurisdiction in the case of military offences.
§ 1. This jurisdiction will corsist of the Supreme Military Tribunal, the members of which will be appointed for life, and of the courts-martial necessary for the indictment and trial of the crimes in question.
$ 2. The organization and attributes of the Supreme Military Tribunal will be settled by law.
Art. 78. The specification of guarantees and rights laid down in the Constitution does not exclude other guarantees and rights which are not enumerated, but which follow from the form of government established by the Constitution, and from the principles laid down therein.
TITLE V.-General Provisions.
Art. 79. A citizen invested with the functions of any one of the three Federal powers cannot exercise those of any other.
Art. 80. Any part of the territory of the Union may be declared to be in a state of siege, the constitutional guarantees being sus. pended there for a definite time, when the safety of the Republic
requires such a course in case of foreigu attack or internal disturbance (Article 34, No. 21).
§ 1. If Congress is not in Session and the country is in imminent danger, this power will be exercised by the Federal Executive Power (Article 48, No. 15).
§ 2. The latter must, however, during the state of siege, confine itself, as regards measures of repression imposed on individuals, to the following measures :
(1.) Detention in a place not destined for ordinary criminals ; (2.) Banishment to other parts of the national territory.
§ 3. As soon as Congress meets, the President will report the exceptional measures taken, and the reasons for the same.
§ 4. The authorities who may have ordered the taking of such ineasures are responsible for the abuses committed.
Art. 81. Criminal suits which have been concluded may at any time be revised by the Supreme Court for the benefit of the condemned in order to alter or confirm the sentence.
§ 1. The law will determine the cases for revision, as well as the mode of the revision, which may be claimed by the condemned person, by any outside person, or ex officio by the Public Prosecutor of the Republic.
§ 2. Upon revision, the penalties inflicted by the original sentence cannot be increased.
$ 3. The provisions of this Article extend to military trials.
Art. 82. Public officials are strictly responsible for abuses or neglect of which they may be guilty in the exercise of their offices, as also for laxity or negligence in not holding their subordinates properly responsible.
§. A public official must bind himself by a formal obligation, upon assuming office, to discharge bis lawful duties.
Art. 83. The laws of the old régime remain in force, unless they have been revoked, in so far as they are not explicitly or implicitly opposed to the system of government established by the Constitution, or opposed to the principles of the latter.
Art. 84. The Government of the Union guarantees the payment of the internal and external public debt.
Art. 85. Officers of the regular line and of the auxiliary services of the navy will have the same commissions and privileges as those of the army who hold a corresponding rank.
Art. 86. Every Brazilian is bound to military service in defence of the country and of the Constitution in accordance with the Federal laws.
Art. 87. The Federal army will consist of contingents which the States and the Federal district are obliged to furnish, constituted in accordance with the annual Law fixing the numbers of the forces.
§ 1. A Federal Law will settle the general organization of the army in accordance with No. 18 of Article 34.
§ 2. The Union will undertake the military instruction of the various corps and branches of the army, as well as higher military education.
§ 3. Forced military enlistment is abolished.
§ 4. The army and the navy will be recruited by voluntary enlistment, without premium, and, failing this, will be manned by a previously organized system of conscription.
The navy will be manned partly from the naval school and the schools of naval apprentices, and partly from the merchant pary by means of conscription.
Art. 88. In no case will the United States of Brazil enter directly or indirectly upon a war of conquest, whether alone or in alliance with another nation.
Art. 89. A Court of Audit is established to balance the accounts of revenue and expenditure, and to verify their legality before they are presented to Congress.
The members of this Court will be appointed by the President of the Republic with the approval of the Senate, and they can only lose their places through a judicial sentence.
Art. 90. The Constitution may be amended at the initiative of the National Congress, or of the Legislatures of the States.
§ 1. A proposal for an amendment will be taken into consideration when it is presented by at least a fourth of the members of either of the Chambers of the National Congress and has been accepted after three discussions by two-thirds of the votes in both Chambers, or when it is asked for by two-thirds of the States in the course of one year, each State being represented by a majority of the votes of its Assembly.
§ 2. This proposal will be considered as approved if it be approved in the following year after three discussions by a majority of two-thirds of the votes in both Chambers of Congress.
$ 3. The proposal, when approved, will be signed by the Presidents and Secretaries of the two Chambers, and it will be incorporated in the Constitution as an integral part thereof.
§ 4. Bills having for their object the abolition of the Federative Republican form of government, or of the equal representation of the States in the Senate, cannot be introduced for discussion into the Congress.
Art. 91. Upon this Constitution being approved it shall be promulgated by the officers of Congress and signed by the members of the same.
Transitory Provisions. Art. 1. This Constitution having been promulgated, Congress, sitting as a General Assembly, will next elect the President and Vice - President of the United States of Brazil by an absolute majority of votes on a first ballot, and, if no candidate obtain such an absolute majority, by a relative majority, on a second ballot.
§ 1. This election will be effected by means of two distinct ballots, respectively for the President and Vice-President, the votes for the President being received and counted first, and then those for the Vice-President in the same manner.
§ 2. The President and Vice-President who are elected in the manner laid down in this Article will occupy the Presidency and Vice - Presidency of the Republic during the first Presidential term.
§ 3. For this election no disqualifying causes will be enforced.
§ 4. The said election being over, Congress will declare its constituent mission attained, and, dividing into Chamber and Senate, will enter upon the exercise of its normal duties on the 15th June of the current year; nor will it on any pretence whatever be liable to be dissolved.
85. In the first year of the first Legislature the Senate, immediately upon entering on its first preparatory work, will determine the first and second-third of its members whose term of office will cease at the end of the first and second triennial periods.
$ 6. The determination will be effected by means of three lists corresponding to the three-thirds, the Senators of each State and of the Federal district being divided according to the number of votes which they have respectively obtained, in such a way that the Senator who obtained the largest number of votes in the Federal district and in each of the States will be assigned to the third of the last triennial period, the other two names to the two following thirds in accordance with the number of votes obtained by them.
§ 7. In case of a tie, the oldest members will have the preference, and where the age is equal, the matter will be settled by lot.
Art. 2. The State which shall not have decreed its Constitution by the end of the year 1892 will by act of Congress be subjected to that of any one of the other States which may be most convenient for the purpose, until the State which is subjected to this régime shall amend the said Constitution in the manner prescribed therein.
Art. 3. As soon as the States are organized the Federal Government will hand over to them the administration of the Departments of Government which are within their province by the Constitution, and will put an end to the responsibility of the Federal Administra