Translation:Institutional Act Number Five

THE PRESIDENT OF THE FEDERATIVE REPUBLIC OF BRAZIL, after hearing the National Security Council, and

WHEREAS the Brazilian Revolution of March 31, 1964 had, as is clear from the Acts with which it was institutionalized, foundations and purposes that aimed to give the country a regime that, meeting the demands of a legal and political system, ensured an authentic democratic order, based on freedom, respect for the dignity of the human person, the fight against subversion and ideologies contrary to the traditions of our people, the fight against corruption, seeking, in this way, "the indispensable means for the work of economic and financial reconstruction , politics and morality of Brazil, in order to be able to face, directly and immediately, the serious and urgent problems on which the restoration of the internal order and international prestige of our homeland depends" (Preamble of Institutional Act nº 1, of 9 April 1964);

WHEREAS the Government of the Republic, responsible for the execution of those objectives and for internal order and security, not only cannot allow anti-revolutionary people or groups against it to work, plot or act, under penalty of failing to fulfill the commitments it assumed with the Brazilian people, as well as because the Revolutionary Power, when editing Institutional Act No. 2, categorically stated that "it was not said that the Revolution was, but that it is and will continue" and, therefore, the revolutionary process in development cannot be detained;

WHEREAS this same Revolutionary Power, exercised by the President of the Republic, when convening the National Congress to discuss, vote and promulgate the new Constitution, established that this, in addition to representing "the institutionalization of the ideals and principles of the Revolution", should "ensure the continuity of the revolutionary work" (Institutional Act nº 4, of December 7, 1966) ;

WHEREAS, however, that clearly subversive acts, originating from the most distinct political and cultural sectors, prove that the legal instruments, which the victorious Revolution granted to the Nation for its defense, development and well-being of its people, are serving as means to fight and destroy it;

WHEREAS that, therefore, it becomes imperative to adopt measures that prevent the superior ideals of the Revolution from being frustrated, preserving order, security, tranquility, economic and cultural development and the political and social harmony of the Country compromised by subversive and of revolutionary war;

WHEREAS all these facts disturbing the order are contrary to the ideals and consolidation of the Movement of March 1964, forcing those who took responsibility for it and swore to defend it, to adopt the necessary measures to avoid its destruction,

Decides to issue the following

Article 1–The Constitution of January 24, 1967 and the state Constitutions remain in force with the modifications contained in this Institutional Act.

Article 2–The President of the Republic may decree the recess of the National Congress, the Legislative Assemblies and the Chambers of Councillors, by means of a Supplementary Act, regardless if a state of siege is in force, and they shall only return to function when called-up by the President of the Republic.

Paragraph 1–Once the recess has been decreed, the corresponding Executive Branch is authorized to legislate on all matters and exercise all other Legislative Branch powers provided for in the Constitutions or in the Organic Law of the Municipalities.

Paragraph 2–During the recess period, Senators, federal and state Deputies and Councilors shall only receive the fixed part of their subsidies.

Paragraph 3–In the event of a recess of the Municipal Council, the financial and budgetary supervision of Municipalities that do not have a Court of Auditors, will be carried out by that of the respective State, extending its action to the functions of auditing, judging the accounts of administrators and other people responsible for assets and public values.

Article 3–The President of the Republic, in the event of relevant national interest, may decree the intervention of States and Municipalities, without constitutional limits.

Sole paragraph–Intervenors in States and Municipalities will be appointed by the President of the Republic and will exercise all functions and duties that fall, respectively, to Governors and Mayors, and will enjoy the prerogatives, salaries and advantages established by law.

Article 4–In the interest of preserving the Revolution, the President of the Republic, after consulting the National Security Council, and without constitutional limits, may suspend the political rights of any citizen for a period of 10 years and remove elected federal, state and municipal office-holders from office.

Sole paragraph–Members of the federal, state and municipal Legislatures who have been removed from office shall not be replaced, and the parliamentary quorum will be determined based on the number of seats actually filled.

Article 5–The suspension of political rights, based on this Act results simultaneously on:

I–termination of legal immunity by virtue of holding a certain office;

II–suspension of the right to vote and be voted for in labor union elections;

III–prohibition of activities or manifestation on matters of political nature;

IV–application, when necessary, of the following security measures:

a) probation;

b) prohibition of being at certain places;

c) specific domicile,

Paragraph 1–The act that decrees the suspension of political rights may establish restrictions or prohibitions regarding the exercise of any other public or private rights.

Paragraph 2–The security measures referred to in item IV of this article will be applied by the Minister of Justice.

Article 6–The constitutional or legal guarantees of: life tenure, irremovability and tenurity, as well as the exercise of functions for a fixed term, are suspended.

Paragraph 1–The President of the Republic may, by decree, dismiss, remove, retire or make available any holders of the guarantees referred to in this article, as well as employees of local authorities, public companies or mixed capital companies, and dismiss, transfer to the reserves or retire military personnel or members of the military police, ensuring, where appropriate, salaries and benefits proportional to the length of service.

Paragraph 2–The provisions of this article and its Paragraph 1 also apply in the States, Municipalities, Federal District and Territories.

Article 7–The President of the Republic, in any of the cases provided for in the Constitution, may decree a state of siege and extend it, setting the respective period.

Article 8–The President of the Republic may, after investigation, decree the confiscation of assets of all those who have enriched themselves, illicitly, in the exercise of public office or function, including local authorities, public companies and mixed capital companies, and also apply the relevant legal penalties.

Sole paragraph–Once the legitimacy of the acquisition of the assets has been proven, their refund will be made.

Article 9–The President of the Republic may issue Supplementary Acts for the execution of this Institutional Act, as well as adopt, if necessary to defend the Revolution, the suspension of freedom of assembly and association and the censorship of correspondence, the press, telecomunications, and public entertainment.

Article 10–The writ of habeas corpus is suspended in the case of political crimes, or crimes against national security, the economic and social order or the popular economy.

Art. 11–All actions committed in accordance with this institutional Act and its Supplementary Acts, as well as their respective effects, are excluded from any judicial review.

Art. 12–This Institutional Act becomes effective on this date, and all provisions to the contrary are hereby revoked.

Brasília, December 13, 1968; 147th of Independence and 80th of the Republic.

COSTA E SILVA

Luís Antônio da Gama e Silva

Augusto Hamann Rademaker Grünewald

Aurélio de Lyra Tavares

José de Magalhães Pinto

Antônio Delfim Netto

Mário David Andreazza

Ivo Arzua Pereira

Tarso Dutra

Jarbas G. Passarinho

Márcio de Souza e Mello

Leonel Miranda

José Costa Cavalcanti

Edmundo de Macedo Soares

Hélio Beltrão

Afonso A. Lima

Carlos F. de Simas