274 PoUlkal Affai 



tical and civil rights of citizens, is alone 

 constitutional. Every tiling not conslitii- 

 tioiial may be altered by ordinary legis'.\- 

 tures witliout the formalities referred to. 



Art. 179. — The inviolability of the civil 

 and political rights of ths Brazilian citi- 

 zens, which have for their basis, liberty, 

 and the security of persons and property, 

 is guaranteed hy the constitution of the 

 empire in the following manner: — I. No 

 citizen can be compelitd to do, or to re- 

 frain fiom doing any thins;;, except in virtue 

 of the law. 2. No law shall be made ex- 

 cept for public ntility. 3. Its enactments 

 shall never be retroactive. 4. All persons 

 may communicate their thoughts by 

 speech or writing, and publish ihem by 

 the press, independent of censorship. 

 Nevertheless, they nnist be res])onsible 

 for the abuses which they may commit in 

 the exercise of this right, in the cases, and 

 according to the forms, which the law 

 shall determine. 5. No one can be 

 troubled on account of religion, so long as 

 he respects the slate, and gives no offence 

 to public morals. 6. Every person may 

 remain in, or depart from, the empire at 

 pleasure, the police regulations being ob- 

 served, and prejudice to third parties 

 saved. 7. The house of every citizen is au 

 inviolable asylum : by iM;:ht it cannot be 

 entered except with the owner's consent, 

 or to save it fioin tiie or inundation : by 

 day its entrance can alone be sanctioned 

 in the cases, and according to the manner, 

 ■which the law shall determine. 8, No 

 person not indicted can be arrested, ex- 

 cept in the cases declared by the law; 

 and in those cases within twenty-four 

 hours, — in cities or towns near the judge's 

 residence, twenty-four hours, and within 

 a reasonable period in places more re- 

 mote— the judge shall, by a note sisned by 

 himself, make known to the prisoner the 

 cause of his arrest, the names of his ac- 

 cusers, and of the witntsses against him. 

 9. Even after indictment no person 

 already arrested shall be detained in pri- 

 son, if he offer proper bail, in the cases in 

 which bail is adnnited by law; and, in 

 general, in offences to wliich no greater 

 penalty i'i attached than six inonths'impri- 

 sonment, or banishment forth of the dis- 

 trict, the accused may be set at liberty on 

 liis own recognizance. 10. With the ex- 

 ception of persons taken m flagrante delidu, 

 no person can be imprisoned wiUiout a 

 ■written order from a lawi'ul authority. If 

 the order prove to be aibitrary, the judge 

 •who grants it shall be i)unished in the 

 manner the law may direct. 11. No one 

 shall be sentenced except by the compe- 

 tent authority, and in viriue of an anterior 

 law. 12. The independence of the judi- 

 cial power shall be maintained. No an- 

 tliority can assume jurisdiction over pend- 

 ing causes, stay them, or revive actions. 

 J3. The law shall be equal to all, wiiether 



rsinHJanh. [ApiiM, 



to protect or to pnnisfc, and shall reward 

 every one according to his deserts. 14. 

 Every citizen is admissilile to public 

 offices, civil, political, or military, without 

 distinction, except as respects his talents 

 and virtues. 15. No one shall he exempt 

 from coiitributiiig to the expenses of the 

 slate in proportion to his means. 16. All 

 privileges not essentially counocted with 

 offices of public iitdity are abolished. 17. 

 With the exception of the causes which, 

 from their nature, belong to particular ju- 

 risdictions in Conformity with the law, 

 there sliall be no privileged conrt, nor 

 special commission-, eiilier in civil or cri- 

 minal causes. 18. A civil and criminal 

 code, founded on the solid basis of justice 

 and equity, shall be drawn up as soon as 

 possible. 19. From this time henceforth 

 arc for ever abolished, whipping, the tor- 

 ture, branding, and all ti:e more cruel 

 punishments. 20. No piiiiisinnent shall 

 extend beyond the person of the delin- 

 quent. Wherefore in no case shall pro- 

 perty be confiscaied, or infamy be trans- 

 mitted to any of the relatives of the crimi- 

 nal. 21. The gaol shall be secure, clean, 

 and well regulated, having divisions for the 

 separation of the prisoners according to 

 their circumstances, and the nature of 

 their crimes. 22. The ri^ht of property 

 is guaranteed in its fullest extent. If the 

 public good, legally proved, require the 

 use or the loan of property, the owner 

 shall be previously indemnitied for the 

 value thereof. 23. The public debt is in 

 like manner fully guaranteed. 2-i. No 

 kind of labour, cultivation, industry, or 

 commerce, can be prohibited if it be not 

 opposed to public morals, or to the safety 

 and health of the <-iiizens. 25. All pro- 

 fessional corporations are abolished. 2(3. 

 Inventors shall have secured to them the 

 property of their discoveries or produc- 

 tions. 27. The secrecy of letters is invio- 

 lable. The administration of the post- 

 office is made rigorously responsible for 

 every iofraclioii of this arlicle, 28. Ke- 

 ■wards conlerred (or sei vices done to the 

 state, whether civil or military, remain 

 guaranteed. 29. Public officers are re- 

 sponsible for abuses and omissions in the 

 exercise of their functions, and for not 

 exacting an effective responsibility from 

 their subalterns. 3'.). Every citizen may 

 present in writing to the Legislative . 

 Body, and to the Executive, remon- 

 strances, complaints, or petitions, and may 

 expose any infiaction of the constitution, 

 requiring from the competent authorities 

 the effective responsibility of the infrac- 

 tors, 31. The constitution also guaran- 

 tees public succours. 32. Primary ajid 

 gratuitous iiistruction to all citizens. 33. 

 Colleges and Universities, wherein shall 

 be taught the elements of the sciences, 

 literature, and the arts. 34. The consti- 

 tutional authorities cannot suspend the 

 cuustitution, 



