Article 5. All persons are equal before the law, without anydistinction whatsoever, Brazilians and foreigners residing in thecountry being ensured of inviolability of the right to life, toliberty, to equality, to security and to property, on the followingterms: 1. men and women have equal rights and dutiesunder the terms of this Constitution; 2. no one shall be obliged to do or refrain fromdoing something except by virtue of law; 3. no one shall be submitted to torture or toinhuman or degrading treatment; 4. the expression of thought is free, andanonymity is forbidden; 5. the right of reply is ensured, in proportion tothe offense, as well as compensation for property or moral damages orfor damages to the image; 6. freedom of conscience and of belief isinviolable, the free exercise of religious cults being ensured and,under the terms of the law, the protection of places of worship andtheir rites being guaranteed; 7. under the terms of the law, the rendering ofreligious assistance in civil and military establishments of collectiveconfinement is ensured; 8. no one shall be deprived of any rights byreason of religious belief or philosophical or political conviction,unless he invokes it to exempt himself from a legal obligation requiredof all and refuses to perform an alternative obligation established bylaw; 9. the expression of intellectual, artistic,scientific, and communications activities is free, independently ofcensorship or license; 10. the privacy, private life, honour and image of personsare inviolable, and the right to compensation for property or moraldamages resulting from their violation is ensured; 11. the home is the inviolable refuge of the individual, andno one may enter therein without the consent of the dweller, except inthe event of flagrante delicto or disaster, or to give help, or, duringthe day, by court order; 12. the secrecy of correspondence and of telegraphic, dataand telephone communications is inviolable, except, in the latter case,by court order, in the cases and in the manner prescribed by law forthe purposes of criminal investigation or criminal procedural findingof facts; 13. the practice of any work, trade or profession is free,observing the professional qualifications which the law shall establish; 14. access to information is ensured to everyone and theconfidentiality of the source shall be safeguarded, whenever necessaryto the professional activity; 15. locomotion within the national territory is free in timeof peace, and any person may, under the terms of the law, enter it,remain therein or leave it with his assets; 16. all persons may hold peaceful meetings, without weapons,in places open to the public, regardless of authorization provided thatthey do not frustrate another meeting previously called for the sameplace, subject only to prior notice to the competent authority; 17. freedom of association for lawful purposes is fullyguaranteed, any paramilitary association being forbidden; 18. the creation of associations and, under the terms of thelaw, that of cooperatives is not subject to authorization, and Stateinterference in their operation is forbidden; 19. associations may only be compulsorily dissolved or havetheir activities suspended by a judicial decision, and a final andunappealable decision is required in the first case; 20. no one shall be compelled to become associated or toremain associated; 21. when expressly authorized, associations shall have thelegitimacy to represent their members either judicially orextrajudicially: 22. the right of property is guaranteed; 23. property shall observe its social function; 24. the law shall establish the procedure for expropriationfor public necessity or use, or for social interest, with fair andprevious pecuniary compensation, except for the cases provided in thisConstitution; 25. in case of imminent public danger, the competentauthority may make use of private property, provided that, in case ofdamage, subsequent compensation is ensured to the owner; 26. the small rural property, as defined by law, providedthat it is exploited by the family, shall not be subject to attachmentfor the payment of debts incurred by reason of its productiveactivities, and the law shall establish the means to finance itsdevelopment; 27. the exclusive right of use, publication or reproductionof works rests upon their authors and is transmissible to their heirsfor the time the law shall establish; 28. under the terms of the law, the following are ensured: 1. protection of individual participation in collective works and ofreproduction of the human image and voice, sports activities included; 2. the right to authors, interpreters and respective unions andassociations to monitor the economic exploitation of the works whichthey create or in which they participate; 29. the law shall ensure the authors of industrialinventions of a temporary privilege for their use, as well asprotection of industrial creations, property of trademarks, names ofcompanies and other distinctive signs, viewing the social interest andthe technological and economic development of the country; 30. the right to inheritance is guaranteed; 31. succession to the estate of foreigners which is locatedin Brazil shall be regulated by the Brazilian law in favour of theBrazilian spouse or children, whenever the personal law of the deceasedis not more favourable to them; 32. the State shall provide, as set forth by law, for thedefense of consumers; 33. all persons have the right to receive, from the publicagencies, information of private interest to such persons, or ofcollective or general interest, which shall be provided within theperiod established by law, subject to liability, except for theinformation whose secrecy is essential to the security of society andof the State: 34. the following are ensured to everyone withoutany payment of fees 1. the right to petition the Government in defense of rights or againstillegal acts or abuse of power; 2. the obtaining of certificates from government offices, for thedefense of rights and clarification of situations of personal interest; 35. the law shall not exclude any injury or threat to aright from the consideration of the Judicial Power; 36. the law shall not injure the vested right, theperfect juridical act and the res judicata: 37. there shall be no exceptionaltribunal or court: 38. the institution of thejury is recognized, according to the organization which the law shallestablish, and the following are ensured: 1. full defense; 2. secrecy of voting; 3. sovereignty of verdicts; 4. power to judge willfill crimes against life; 39. there is no crime without a previous law to define it,nor a punishment without a previous legal commination; 40. penal law shall not be retroactive, except to benefitthe defendant; 41. the law shall punish any discrimination which mayattempt against fundamental rights and liberties; 42. the practice of racism is a non-bailable crime, with nolimitation, subject to the penalty of confinement, under the terms ofthe law; 43. the practice of torture, the illicit traffic ofnarcotics and related drugs, as well as terrorism, and crimes definedas heinous crimes shall be considered by law as non-bailable and notsubject to grace or amnesty, and their principals, agents and those whoomit themselves while being able to avoid such crimes shall be heldliable; 44. the action of armed groups, either civil or military,against the constitutional order and the democratic state is anon-bailable crime, with no limitation; 45. no punishment shall go beyond the person of the convict,and the obligation to compensate for the damage, as well as thedecreeing of loss of assets may, under the terms of the law, beextended to the successors and executed against them, up to the limitof the value of the assets transferred; 46. the law shall regulate the individualization ofpunishment and shall adopt the following, among others: 1. deprivation or restriction of freedom; 2. loss of assets; 3. fine; 4. alternative rendering of social service; 5. suspension or deprivation of rights; 47. there shall be no punishment: 1. of death, save in case of declared war under the terms of article84, MX; 2. of life imprisonment; 3. of hard labour; 4. of banishment; 5. which is cruel; 48. the sentence shall be served in separate establishments,according to the nature of the offense, the age and the sex of theconvict; 49. prisoners are ensured of respect to their physical andmoral integrity; 50. female prisoners shall be ensured of adequate conditionsto stay with their children during the nursing period; 51. no Brazilian shall be extradited, except the naturalizedones in the case of a common crime committed before naturalization, orin the case there is sufficient evidence of participation in theillicit traffic of narcotics and related drugs, under the terms of thelaw; 52. extradition of a foreigner on the basis of political orideological crime shall not be granted; 53. no one shall undergo legal proceeding or sentencing saveby the competent authority; 54. no one shall be deprived of freedom or of his assetswithout the due process of law; 55. litigants, in judicial or administrative processes, aswell as defendants in general are ensured of the adversary system andof full defense. with the means and resources inherent to it; 56. evidence obtained through illicit means are unacceptablein the process; 57. no one shall be considered guilty before the issuing ofa final and unappealable penal sentence; 58. no one who has undergone civil identification shall besubmitted to criminal identification, save in the cases provided by law; 59. private prosecution in the cases of crimes subject topublic prosecution shall be admitted, whenever the latter is not filedwithin the period established by law; 60. the law may only restrict the publicity of proceduralacts when the defense of privacy or the social interest require it; 61. no one shall be arrested unless in flagrante delicto orby a written and justified order of a competent judicial authority,save in the cases of military transgression or specific military crime,as defined in law; 62. the arrest of any person as well as the place where heis being held shall be immediately informed to the competent judge andto the family of the person arrested or to the person indicated by him; 63. the arrested person shall be informed of his rights,among which the right to remain silent, and he shall be ensured ofassistance by his family and a lawyer; 64. the arrested person is entitled to identification ofthose responsible for his arrest or for his police questioning; 65. illegal arrest shall be immediately remitted by thejudicial authority; 66. no one shall be taken to prison or held therein, whenthe law admits release on own recognizance, subject or not to bail; 67. there shall be no civil imprisonment for indebtednessexcept in the case of a person responsible for voluntary andinexcusable default of alimony obligation and in the case of anunfaithful trustee; 68. habeas corpus shall be granted whenever a person suffersor is in danger of suffering violence or coercion against his freedomof locomotion, on account of illegal actions or abuse of power; 69. a writ of mandamus shall be issued to protect a clearand perfect right, not covered by habeas corpus or habeas data,whenever the party responsible for the illegal actions or abuse ofpower is a public official or an agent of a corporate legal entityexercising duties of the Government; 70. a collective writ of mandamus may be filed by: 1. a political party represented in the National Congress; 2. a union, a professional association or an association legallyconstituted and in operation for at least one year, to defend theinterests of its members or associates; 71. a writ of injunction shall be granted whenever theabsence of a regulatory provision disables the exercise ofconstitutional rights and liberties, as well as the prerogativesinherent to nationality, sovereignty and citizenship; 72. habeas data shall be granted: 1. to ensure the knowledge of information related to the person of thepetitioner, contained in records or databanks of government agencies orof agencies of a public character; 2. for the correction of data, when the petitioner does not prefer todo so through a confidential process, either judicial or administrative; 73. any citizen is a legitimate party to file a people'slegal action with a view to nullifying an act injurious to the publicproperty or to the property of an entity in which the Stateparticipates, to the administrative morality, to the environment and tothe historic and cultural heritage, and the author shall, save in thecase of proven bad faith, be exempt from judicial costs and from theburden of defeat; 74. the State shall provide full and free-of-charge legalassistance to all who prove insufficiency of funds; 75. the State shall compensate a convict for judicial error,as well as a person who remains imprisoned for a period longer than theone established by the sentence; 76. for all who are acknowledgedly poor, the following isfree of charge, under the terms of the law: 1. civil birth certificate; 2. death certificate; 77. habeas corpus and habeas dataproceedings and, under the terms of the law, the acts necessary to theexercise of citizenship are free of charge; Paragraph 1. Therights and guarantees expressed in this Constitution do not excludeothers deriving from the regime and from the principles adopted by it,or from the international treaties in which the Federative Republic ofBrazil is a party.
Brazilian Constitution Of 1988 Pdf Free
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