IPU PARLINE database: BRAZIL (Cámara dos Deputados), Oversight

Parliament name (generic / translated)

Congresso nacional / National Congress

Structure of parliament

Bicameral

Chamber name

Cámara dos Deputados

Related chamber (for bicameral parliaments)

Senado Federal / Federal Senate

Type of political regime

presidential

Notes

The President and the Vice-President take office in a session of Congress (both houses meeting jointly), pledging to maintain, defend and carry out the Constitution, obey the laws, promote the general well-being of the people, and sustain the union, the integrity and the independence of Brazil.

Head of the executive

President of the Republic

Notes

Executive power is vested with the President, assisted by ministers of State (Article 76 of the Constitution). The Vice-President replaces the President in the event of impediment and succeeds him in the event of vacancy.

Method for appointing the executive

The elections of the President and Vice-President take place simultaneously, on the first Sunday of October, in the first round, and on the last Sunday of October, in the second round, as the case may be, of the year preceding the one in which the current presidential term of office ends. The candidate who obtains an absolute majority of votes is considered elected as President. The President has the exclusive power to appoint and dismiss the ministers of State (Article 84 of the Constitution).

Term of office of the executive and coincidence with the term of the legislature

The term of office of the President is four years. It commences on 1 January of the year following the year of his election. His term coincides with the term of parliament.

Incompatibility of the functions of member of the executive and member of Parliament

No

A deputy or senator does not lose his seat if appointed minister of State, governor of a territory, secretary of a State, of the federal district, of a territory, of a state capital or head of a temporary diplomatic mission (Article 56 of the Constitution).

Dissolution of Parliament

No

Circumstances

Not applicable

Modalities

Not applicable

Accountability of Government to Parliament

No

The President, being directly elected by the people, exercises executive power and is not accountable to parliament. Parliament can, however, impeach the President.

Modalities of oversight

Oral and written questions of parliamentarians

The bureaux of the Chamber of Deputies and of the federal Senate may forward to the ministers of State, or another competent person, written requests for information. Refusal or a failure to comply within 30 days, as well as the rendering of false information, is a serious offence. There is no particular time reserved for oral questions. They may occasion a debate.

Government reports to Parliament

Oversight over the accounts, finances, budget, operations and property of administrative agencies is exercised by parliament by means of external and internal controls (Article 70 of the Constitution). Accounts are rendered by any individual or public entity that uses, collects, keeps, or manages public monies, assets or values, or those for which the federal Union is responsible or which, on behalf of the federal Union, assumes obligations of a pecuniary nature.

Measures

Vote of confidence on Government programs and/or legislative proposals

Not applicable

Motions of censure and votes of no confidence (sub-report)

Circumstances

Not applicable

Modalites

Not applicable

Consequences

Not applicable

Dismissal and/or impeachment of Government and other public officials (sub-report)

Circumstances and persons concerned

It is the exclusive competence of the Senate to institute the legal proceedings and trial of the President and Vice-President for crimes of malfeasance and of ministers for crimes of the same nature (Article 52 of the Constitution).

Modalites and procedure

Presidential acts which violate the Constitution and especially those that tamper with: (i) the existence of the federal Union; (ii) the independence of the legislature, the judiciary, the public prosecutor's office and the constitutional powers of the units of the Federation; (iii) political, individual and social rights; (iv) the internal security of the country; (v) the integrity of the administration; (vi) the budget law; and (vii) compliance with the laws and with court decisions, are crimes of malfeasance (Article 85 of the Constitution). If charges against the President are accepted by two thirds of the Chamber of Deputies, he is committed to trial before the federal Supreme Court for common criminal offences or before the Senate for crimes of malfeasance.

Consequences

The President is suspended from his functions (i) in the case of common criminal offences, if the accusation or the complaint is received by the federal Supreme Court, or (ii) in the event of crimes of malfeasance, after the proceedings are instituted by the Senate. If, after a period of 180 days, the trial has not been concluded, the suspension of the President ceases without prejudice to the normal progress of the proceedings. In the case of common offences, the President is not subject to arrest as long as no judgement has been passed.

Have these procedures been applied?

Oversight over the actions of the Government administration

No

The President has the responsibility to provide for the organisation and operation of the administration (Article 84, paragraph VI of the Constitution). He has the exclusive power, upon the opening of the legislative session, to send a Government message and plan to parliament describing the state of the nation and requesting the actions he deems necessary (Article 84, paragraph XI of the Constitution).

Means and modalities of oversight

Hearings in Committees

Both houses of parliament, or any of their committees, may summon a minister or any head of agency directly subordinate to the Presidency to provide personally information on a previously determined matter. A failure to appear once summoned without adequate justification constitutes a crime of malfeasance. Ministers may attend the Senate, the Chamber of Deputies or any of their committees, on their own initiative and by agreement with the respective bureaux, to report on a matter of relevance to their ministry (Article 50 of the Constitution).

Committees of inquiry and missions to Government departments

Parliamentary committees of inquiry with investigative and judicial powers may be created by both houses, jointly or separately, upon the request of one third of their members, to investigate a given matter and for a certain period of time, and their conclusions may be forwarded to the public prosecution service to determine the civil or criminal liability of the offenders (Article 58, paragraph 3 of the Constitution).

Oral and written questions of parliamentarians

The bureaux of both houses may forward to ministers, or any persons concerned, written requests for information. Refusal or a failure to comply within 30 days, as well as the rendering of false information, constitutes a crime of malfeasance. There is no particular time reserved for questions. They may give rise to a debate.

Role of Parliament in the appointment of senior Government officials

Parliament has the exclusive power to choose two thirds of the members of the Court of Audit (Article 49, paragraph XXIII of the Constitution). The President has the exclusive power to appoint, after approval by the Senate, the Justices of the Supreme Court and those of the superior courts, the governors of the territories, the attorney general, the president and the directors of the central bank and other civil servants, such as ambassadors (Article 85, paragraph XXIV of the Constitution).

Activity reports of the Government administration and of public services or establishments

Accounts are rendered by any individual or public entity that uses, collects, keeps, or manages public monies, assets or values, or those for which the federal Union is responsible or which, on behalf of the federal Union, obligations of a pecuniary nature are assumed.

Representation of Parliament in governing bodies of the Government administration

Not applicable

Existence of an ombudsman

Yes

Method for appointing the executive

The office of Ombudsman was recently created by a resolution passed by the Chamber of Deputies. It comprises a general Ombudsman and two deputy Ombudsmen, appointed by the president of the Chamber of Deputies at the start of the legislative session for a term of two years, which is not renewable.

Relationship to Parliament

Petitions, claims or complaints presented by physical or legal persons against actions or omissions by public authorities or against actions or omissions imputed to members of parliament will be received and examined by the Ombudsman (Ouvidoria Parlamentar) or by committees, as the case may be, if the subjects touch on matters where parliament is competent. The Ombudsman can call for any information relevant to the subjects laid before him or her and submit recommendations to the relevant authorities.

Consultation of Parliament in the preparation of the national budget

No

Parliament is not consulted in the preparation of the national budget, but it has the power, with the sanction of the President, to provide for all the matters relating to taxation, collection of taxes and income distribution, the multi-year plan and budget guidelines, the annual budget, credit transactions, public debt and issuance of currency (Article 48 of the Constitution).

Modalities of oversight

Examination of the budget / finance act by Parliament

Each year, the executive initiates laws establishing: (i) the multi-year plan; (ii) the budget guidelines; and (iii) the annual budgets (Article 165 of the Constitution). The law that institutes the multi-year plan establishes the directives, objectives and targets of the public administration. The law on budget guidelines comprises the targets and priorities of the Government, guides the drawing up of the annual budget law, makes provisions for amendments to tax legislation and establishes the investment policy for the official development financing agencies.

Amendments to the annual budget bill or to the bills which modify it may be approved only if (i) they are compatible with the multi-year plan and with the law on budget guidelines; (ii) they specify the necessary funds, allowing only those resulting from the annulment of expenses, and excluding those which apply to allocations for personnel and related expenses, debt servicing, constitutional tax transfers to the states, the municipalities and the Federal District; or (iii) they are related to the correction of errors or omissions, or to the provisions of the text of the bill.

The President may send a message to parliament to propose modifications in the bills referred to as long as the joint committee on projects, budget and taxation has not started to vote on the part for which an amendment is being proposed. Any funds that as a result of a veto, amendment or rejection of the annual budget bill cannot be used for the corresponding expenditure may be allocated, as the case may be, by means of special or supplementary credits, with prior and specific legislative authorisation.

Reports on the budget / finance act by Committees

It is incumbent upon a joint standing committee to: (i) examine and issue its opinion on the bills and on the accounts submitted annually by the President; (ii) examine and issue its opinion on the national, regional and sectoral plans and programmes; and (iii) exercise budgetary monitoring and supervision, without prejudice to the operation of the other committees. Amendments may be submitted to the joint committee, which reports on them. They are subsequently examined by the plenary session of parliament.

Fields overseen

Defence budget

Parliament exercises oversight over all public funds.

Budget of special departments

Parliament exercises oversight over all public funds.

Role of Parliament in national development plans

The law instituting the multi-year plan establishes the directives, objectives and targets of the public administration. The bill is prepared by the Government, covering a four-year period, and is approved by the parliament.

Parliament's deadline for the examination and adoption of the budget / finance act

Parliament has a period of three and a half months, from 31 August to 15 December to examine the budget legislation.

Consequences of failure by Parliament to adopt the budget / finance act

The President submits the bill on budget guidelines and the budget proposals to the parliament. However, if the budget is not presented to the parliament within 60 days of the opening of the legislative session, the Assembly takes over this competence from the President (Article 51, paragraph II of the Constitution). If a budgetary deadlock arises, a one twelfth portion of the previous budget is used on a provisional basis.

Budgetary autonomy of Parliament

Yes

Parliament enjoys budgetary autonomy within the limits laid down by its own internal rules.

Evaluation of Government spending

Parliament approves Government expenditures annually

Yes

Within 60 days of the opening of the legislative session, the President presents accounts each year to parliament concerning the previous fiscal year (Article 84 of the Constitution).

Parliamentary oversight of public companies

No

Oversight over the accounts of public companies can be performed by the Court of Accounts in collaboration with the executive oversight agency for the sector in question.

Modalities of oversight

Body for auditing the Government's books and method for appointing

Oversight over the accounts, finances, budget, operations and property of the Union is exercised by the parliament by means of internal and external audits (Article 70 of the Constitution). External control is exercised with the aid of the federal Court of Audit (Article 71 of the Constitution). The Court of Audit exercises oversight over the execution of the budget. Its Judges are chosen: (i) one third by the President, with the approval of the Senate, two of them being alternately chosen from among auditors and members of the public prosecution office, and (ii) two thirds by parliament.

Reports of the public auditor's office

The public auditor's office presents an annual report on government public spending as well as special reports at the request of either of the houses of parliament. The annual accounts must be approved by a plenary session of both houses. If they are rejected and if there are indications of illegality, the public officials in question incur political sanctions and may also be subject to legal proceedings. The reports can be examined in the various committees, which also have the right of sanction.

Specialised committee

Within 30 days after the closing of each two-month period, the Government has to publish a summarised report on budget implementation (Article 165, paragraph 3 of the Constitution). Parliament also exercises oversight over budget implementation through standing committees and committees of inquiry.

Foreign Relations Committee (sub-report)

Functions of the Committee

Parliament exercises oversight over foreign policy through the Foreign Relations and Defence Committee.

Powers of the Committee

The Committee has the power (i) to debate and vote on bills which are exempt from being submitted to the plenary session, except in the event of an appeal from one tenth of the members of the house concerned; (ii) to hold public hearings with civil society bodies; (iii) to summon ministers to submit information on matters relating to their duties; (iv) to receive petitions, claims, statements or complaints from any person against acts or omissions of Government authorities or bodies; (v) to request the testimony of any authority or citizen; and (vi) to examine construction work programmes and national, regional and sector development plans and to report thereon.

Composition of the Committee

The composition of the committee reflects the numerical strength of each party in parliament.

Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad

Parliament exercises oversight over foreign policy through bilateral visits, inter-parliamentary conferences and information missions to other countries.

Plenary debates on foreign policy issues

Parliament exercises oversight over foreign policy by organising plenary debates on foreign policy issues at irregular intervals.

Involvement of Parliament

Participation of Parliament in inter-governmental meetings

Parliamentarians may participate in intergovernmental meetings at the request of Government and, more rarely, on their own initiative.

Modalities and procedures for ratifying international treaties and agreements (sub-report)

The President has the power to conclude international treaties, conventions and acts, ad referendum of parliament. It is in the competence of parliament to decide conclusively on international treaties, agreements or acts which result in charges on or commitments against national property (Article 49, paragraph I of the Constitution).

Other mechanisms for participation in foreign policy by Parliament

The President has the power to maintain relations with foreign States and to accredit their diplomatic representatives, to conclude international treaties, conventions and acts, ad referendum of parliament (Article 84 of the Constitution). In addition, parliament exercises oversight through the joint parliamentary committee on MERCOSUR, or through other specialised or external committees.

National Defence Committee (sub-report)

Functions of the Committee

Parliament exercises oversight over defence policy through the Foreign Relations and National Defence Committee.

Powers of the Committee

The Committee has the power (i) to debate and vote on bills which are exempt from being submitted to the plenary session, except in the event of an appeal from one tenth of the members of the house concerned; (ii) to hold public hearings with civil society bodies; (iii) to summon ministers to submit information on matters relating to their duties; (iv) to receive petitions, claims, statements or complaints from any person against acts or omissions of government authorities or bodies; (v) to request the testimony of any authority or citizen; and (vi) to examine construction work programmes and national, regional and sector development plans and to report thereon.

Composition of the Committee

The composition of the committee reflects the numerical strength of each party in parliament.

Parliamentary oversight of public arms manufacturing companies

Not applicable

Circumstances and involvement

Modalities and procedures in case of war, an armed attack or a state of emergency

It is in the exclusive competence of parliament to approve a "state of defence and intervention", authorise a state of siege or suspend any of these measures and to authorise the President to declare war, to make peace and to permit foreign forces to pass through the national territory or remain thereon temporarily (Article 49, paragraph II, of the Constitution).

Role of Parliament in sending troops abroad

The Committee for Foreign Affairs and National Defence examines government statements regarding the dispatch of troops to other countries.

Other mechanisms for participation in national defence policy by Parliament

There are no other parliamentary oversight mechanisms in addition to the above.

Circumstances

The President may, after hearing the Council of the Republic and the National Defence Council, decree a "state of defence" to preserve or to promptly re-establish public order or social peace threatened by serious and imminent institutional instability or affected by major natural calamities (Article 136 of the Constitution). Similarly, the President may request authorisation from parliament to decree a state of siege in the event of (i) serious disturbance with nationwide effects or occurrence of facts that evidence the ineffectiveness of a measure taken during the "state of defence"; and (ii) declaration of a state of war or response to foreign armed aggression (Article 137 of the Constitution). The President, on requesting authorisation to decree or extend the state of siege, submits the reasons for such a request, and parliament decides by absolute majority.

The decree on the state of siege specifies the period of its duration, the rules required to implement it and the constitutional guarantees that are to be suspended. After it is published, the President designates the executor of the specific measures and the areas encompassed (Article 138 of the Constitution). In the event of serious disturbances with nationwide effects, the state of siege may not be decreed for more than 30 days, nor may each extension exceed such a period. In the event of a declaration of a state of war, it may be decreed for the entire period of the war or armed aggression.

Can parliament take the initiative to declare a state of emergency

No

Consequences of a state of emergency for Parliament

The decree instituting the state of defence determines the period of its duration, specifies the areas to be encompassed and indicates, within the terms and limitations of the law, the coercive measures to be in force from among (i) restrictions to the rights of assembly, even if held within associations, secrecy of correspondence, secrecy of telegraph and telephone communication, and (ii) in the event of a public calamity, occupation and temporary use of public property and services, the federal Union being liable for the resulting damages and costs.

The state of defence may not exceed 30 days and it may be extended once, for an identical period, if the reasons that justified it persist. During the period in which the state of defence is in force, (i) arrests for crimes against the State must be immediately reported to the competent judge, who annuls them if they are illegal; (ii) the communication is accompanied by a statement by the authority as to the physical and mental state of the arrested person at the time of the filing of the charges; (iii) the imprisonment or detention of any person may not exceed 10 days, unless authorised by the courts; and (iv) it is forbidden to hold the arrested person incommunicado.

Upon decreeing a state of defence, the President must, within 24 hours, submit the act with the respective justification to parliament, which decides by absolute majority. If the parliament is in recess, it is convened in extraordinary session within five days. The parliament examines the decree within 10 days of receipt thereof, and remains in operation as long as the state of defence is in force. If the decree is rejected, the state of defence ceases immediately. If authorisation to decree the state of siege is requested during a parliamentary recess, the President of the Senate immediately summons an extraordinary session of parliament to convene within five days in order to examine the act. Parliament remains in session until the end of the measures in question.

Modalities of oversight

Body ruling on the constitutionality of laws

Supreme Court / Tribunal

The federal Supreme Court is responsible for safeguarding the Constitution, and it is within its jurisdiction to institute legal proceedings and try, in the first instance, direct actions challenging the constitutionality of a federal or state law or normative act; and also to undertake declaratory actions regarding the constitutionality of a federal law or normative act (Article 102 of the Constitution).

Means and procedures

The (i) President; (ii) the bureau of the Senate; (iii) the bureau of the Chamber of Deputies; (iv) the bureau of a state Assembly; (v) a state Governor; (vi) the Attorney General; (vii) the Federal Council of the Bar Association; (viii) a political party represented in parliament; and (ix) a confederation of labour unions or a professional association of a nationwide nature, may file an action of unconstitutionality challenging the constitutionality of a measure (Article 103 of the Constitution). A declaratory action of constitutionality may be filed by the President, the bureau of the Senate or the bureau of the Chamber of Deputies, or by the Attorney General.

The Attorney General is heard first in challenges of constitutionality and in all suits under the jurisdiction of the Supreme Court. When there is a finding of unconstitutionality on account of the fact that there is no measure to render a constitutional provision effective, the competent authority is notified so that it may adopt the necessary measures, and in the case of an administrative body it must do so within 30 days. The Court may declare a law or a normative act of Government unconstitutional only by a vote of the absolute majority of its members, or of the members of the respective special body.

Final decisions on rulings by the Supreme Court, in declaratory actions of constitutionality, are binding on all bodies, including those of the judiciary, as well as the executive. However, the Senate has exclusive power to stop the application, in full or in part, of a law declared unconstitutional by final decision of the Supreme Court (Article 52 of the Constitution).

Evaluation of laws

No

Not applicable

Measures

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