Chapter 2 Section 3-4

Liability of the President; Ministers Icon

November 20, 2021

Article 85. Those acts of the President of the Republic which attempt on the Federal Constitution and especially on the following, are crimes of malversation:

  1. the existence of the Union;
  2. the free exercise of the Legislative Power, the Judicial Power, the Public Prosecution and the constitutional Powers of the units of the Federation;
  3. the exercise of political, individual and social rights;
  4. the internal security of the country;
  5. probity in the administration;
  6. the budgetary law;
  7. compliance with the laws and with court decisions. These crimes shall be defined in a special law, which shall establish the rules of procedure and trial.

Article 86. If charges against the President of the Republic are accepted by 2/3 of the Chamber of Deputies, he shall be submitted to trial before the Supreme Federal Court for common criminal offenses or before the Federal Senate for crimes of malversation.

Paragraph 1. The President shall be suspended from his functions:

  1. in common criminal offenses, if the accusation or the complaint is received by the Federal Supreme Court
  2. in the event of crimes of malversation, after the proceeding is instituted by the Federal Senate.

Paragraph 2. If, after a period of one hundred and eighty days, the trial has not been concluded, the suspension of the President shall cease without prejudice to the normal progress of the proceeding.

Paragraph 3. In the event of common offenses, the President of the Republic shall not be subject to arrest as long as no sentence is rendered.

Paragraph 4. During his term of office, the President of the Republic may not be held liable to acts outside the performance of his functions.

Section 4: The Ministers of State

Article 87. The Ministers of State shall be chosen from among Brazilians over 21 years of age and in possession of their political rights.

The Minister of State, in addition to other duties established in this Constitution and in the law, has the power to:

  1. exercise guidance, coordination and supervision of the agencies and entities of the federal administration in the area of his authority and to countersign acts and decrees signed by the President of the Republic;
  2. issue instructions for the enforcement of laws, decrees and regulations;
  3. submit to the President of the Republic an annual report on his administration of the Ministry;
  4. perform the acts pertinent to the duties assigned or delegated to him by the President of the Republic. Article 88. The law shall provide for the creation and abolishment of Ministries and government bodies. (CA No. 32, 2001)