79C3C34C52B45572883A05D425EB0F82
Constitution, Article 46 (3)
http://www.venezuelaemb.or.kr/english/ConstitutionoftheBolivarianingles.pdf
http://leaux.net/URLS/ConvertAPI Text Files/D3E3108C235FB81BDA36ABA02177960F.en.txt
Examining the file media/Synopses/D3E3108C235FB81BDA36ABA02177960F.html:
This file was generated: 2020-12-01 09:11:31
| Indicators in focus are typically shown highlighted in yellow; |
Peer Indicators (that share the same Vulnerability association) are shown highlighted in pink; |
"Outside" Indicators (those that do NOT share the same Vulnerability association) are shown highlighted in green; |
Trigger Words/Phrases are shown highlighted in gray. |
Link to Orphaned Trigger Words (Appendix (Indicator List, Indicator Peers, Trigger Words, Type/Vulnerability/Indicator Overlay)
Applicable Type / Vulnerability / Indicator Overlay for this Input
Political / Illegal Activity
Searching for indicator crime:
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p.(None): physical perpetrators* accomplices and concealers* of the crimes of forced disappearance of a person, as
p.(None): well as any attempt to commit such offense, shall be punished in accordance with law.
p.(None):
p.(None): Article 46: Everyone is entitled to respect for his or her physical, mental and moral integrity,
p.(None): therefore:
p.(None):
p.(None): (1) No person shall be subjected to penalties, tortures, cruelty, inhuman or degrading treatment. Every victim
p.(None): of torture or cruel, inhumane or degrading treatment effected or tolerated by agents of the State
p.(None): has the right to rehabilitation.
p.(None):
p.(None): (2) Any person deprived of liberty shall be treated with respect due to the inherent dignity of the human being.
p.(None):
p.(None): (3) No person shall be subjected without his or her freely given consent to scientific experiments or medical or
p.(None): laboratory examinations, except when such person's life is in danger, or in any other circumstances as may
p.(None): be detained by law.
p.(None):
p.(None): (4) Any public official who, by reason of his official position, inflicts mistreatment or physical or mental
p.(None): suffering on any person or instigates or tolerates such treatment, shall be punished* in accordance with law.
p.(None):
p.(None): Article 47: A person's home and any private premise are inviolable. They may not be forcibly entered except
p.(None): by court order, to prevent the commission of a crime or carry out the decisions handed down by the
p.(None): courts in accordance with law, respecting human dignity in all cases. Any health inspections carried out in accordance
p.(None): with law shall be performed only after notice from the officials* ordering or carrying it out.
p.(None):
p.(None): Article 48: The secrecy and inviolability of private communications in all forms are guaranteed. The same
p.(None): may not be interfered with except by order of a competent court,
p.(None):
p.(None): with observance of applicable provisions of law and preserving the secrecy of the private issues unrelated to the
p.(None): pertinent proceedings.
p.(None):
p.(None): Article 49: All judicial and administrative actions shall be subject to due process, therefore:
p.(None):
p.(None): (1) Legal assistance and defense are inviolable rights at all stages and levels during the investigation and
p.(None): proceeding. Every person has the right to be notified of the charges for which he or she is being investigated, to have
p.(None): access to the evidence and to be afforded the necessary time and means to conduct his or her defense. Any
p.(None): evidence obtained in violation of due process shall be null and void. Any person declared guilty shall have the right
p.(None): to appeal, except in the cases established by this Constitution and by the law.
p.(None):
p.(None): (2) Any person shall be presumed innocent until proven otherwise.
p.(None):
p.(None): (3) Every person has the right to be heard in proceedings of any kind, with all due guarantees and within such
p.(None): reasonable time limit as may be legally detained, by a competent, independent and impartial court established in
p.(None): advance. Anyone who does not speak Spanish or is unable to communicate verbally is entitled to an
p.(None): interpreter.
p.(None):
p.(None): (4) Every person has the right to be judged by his or her natural judges of ordinary or special competence, with
p.(None): the guarantees established in this Constitution and by law. No person shall be put on trial without knowing the
p.(None): identity of the party judging him or her, nor be adjudged by exceptional courts or commissions
p.(None): created for such purpose.
p.(None):
p.(None): (5) No person shall be required to confess guilt or testify against himself or herself or his or her spouse or partner,
p.(None): or any other relative within the fourth degree of consanguinity or the second degree of affinity. A
p.(None): confession shall be valid only if given without coercion of any kind.
p.(None):
p.(None): (6) No person shall be punished for acts or omissions not defined under preexisting laws as a crime, offense or
p.(None): infraction.
p.(None):
p.(None): (7) No person shall be placed on trial based on the same facts for which such person has been judged previously.
p.(None):
p.(None): (8) Every person shall request from the State the restoration or remediation of a legal situation
p.(None): adversely affected by unwarranted judicial errors, and unjustified delay or omissions. The foregoing is
p.(None): without prejudice to the right of the individual* to seek to hold the magistrate* or judge* personally liable, and
p.(None): that of the State to take action against the same.
p.(None):
p.(None): Article 50: Everyone shall freely transit by any means throughout the national territory, to change his or her domicile
p.(None): and residence, to leave and return to the Republic, to move his or her goods or belongings within the country and to
p.(None): bring his or her goods into or remove them from the country, subject only to such limitations as may be prescribes by
p.(None): law. In cases involving the granting of a concession, the law shall provide for the circumstances in
p.(None): which an alternate route must be provided. Venezuelans* shall enter the country without need for authorization of
p.(None): any kind. No act of the Public Power may establish against Venezuelans* the penalty of banishment from the
p.(None): national territory.
p.(None):
p.(None): Article 51: Everyone has the right to petition or make representations before any authority or public
p.(None): official* concerning matters within their competence, and to obtain a timely and adequate response. Whoever
p.(None): violates this right shall be punished in accordance with law, including the possibility of dismissal from
p.(None): office.
p.(None):
...
p.(None): which is intended to establish a monopoly or which leads by reason of its actual effects to the existence of
p.(None): a monopoly, regardless of the intentions of the persons involved, and whatever the form it actually takes, is hereby
p.(None): declared contrary to the fundamental principles of this Constitution. Also contrary to such principles is
p.(None): abuse of a position of dominance which a private individual, a group of individuals or a business enterprise or group
p.(None): of enterprises acquires or has acquired in a given market of goods or services, regardless of what factors caused such
p.(None): position of dominance, as well as in the event of a concentration of demand. In all of the cases indicated, the State
p.(None): shall be required to adopt such measures as may be necessary to prevent the harmful and restrictive
p.(None): effects of monopoly, abuse of a position of dominance and a concentration of demand, with the purpose of
p.(None): protecting consumers and producers* and ensuring the existence of genuine competitive conditions in
p.(None): the economy. In the case of the exploitation of natural resources which are the property of the Nation or
p.(None): the providing of services of a public nature, on an exclusive basis or otherwise, the State shall grant
p.(None): concessions for a certain period, in all cases ensuring the existence of adequate consideration or
p.(None): compensation to serve the public interest.
p.(None):
p.(None): Article 114: Economic crime, speculation, hoarding, usury, the formation of cartels and other related offenses, shall
p.(None): be punished severely in accordance with law.
p.(None):
p.(None): Article 115: The right of property is guaranteed. Every person has the right to the use, enjoyment, usufruct and
p.(None): disposal of his or her goods. Property shall be subject to such contributions, restrictions and obligations as may be
p.(None): established by law in the service of the public or general interest. Only for reasons of public benefit or social
p.(None): interest by final judgment, with timely payment of fair compensation, the expropriation of any kind of
p.(None): property may be declared.
p.(None):
p.(None): Article 116: Confiscation of property shall not be ordered and carried out, but in the cases permitted by
p.(None): this Constitution. As an exceptional measure, the property of natural or legal persons of Venezuelan or foreign
p.(None): nationality who are responsible for crimes committed against public patrimony may be subject to
p.(None): confiscation, as may be the property of those who illicitly enriched themselves under cover of Public
p.(None): Power, and property deriving from business, financial or any other activities connected with unlawful trafficking in
p.(None): psychotropic and narcotic substances.
p.(None):
...
p.(None): qualified two-thirds majority of the members, after granting the interested party a hearing; in cases involving serious
p.(None): misconduct already characterized as such by the Citizen Power, on such terms as may be established by law.
p.(None):
p.(None): Article 266: The following are powers of the Supreme Tribunal of Justice:
p.(None):
p.(None): (1) To exercise constitutional jurisdiction in accordance with title VIII of this Constitution.
p.(None):
p.(None): (2) To rule as to whether or not there are grounds for impeaching the President* of the Republic or
p.(None): whomever may be acting in that capacity, and if so, to retain competence of the proceedings, subject to the approval of
p.(None): the National Assembly, until the final judgment.
p.(None):
p.(None): (3) To rule as to whether or not there are grounds for impeaching the Vice President* of the Republic; members* of
p.(None): the National Assembly or the Supreme Tribunal of Justice itself, Ministers*; the General Attorney*;
p.(None): General Prosecutor*; General Comptroller* of the Republic; the People Defender*; Governors*; general
p.(None): officers* and naval admirals of the National Armed Forces; or the heads of Venezuelan diplomatic missions; and, if
p.(None): so, to refer the record to the General Prosecutor of the Republic or whomever is acting in his capacity, where
p.(None): appropriate, and if the offense
p.(None):
p.(None): charged is a common crime, the Supreme Tribunal of Justice shall retain competence of the matter until a final judgment
p.(None): is handed down.
p.(None):
p.(None): (4) To resolve any administrative controversies that may arise between the Republic, any State, Municipality or
p.(None): other public entity, when the other party is also one of these same organs, except in the case of a controversy
p.(None): between Municipalities belonging to the same State, in which case competence may be vested by law in
p.(None): another court.
p.(None):
p.(None): (5) To declare null and void, in whole or in part, regulations and other general or individual
p.(None): administrative actions of the National Executive Branch, where appropriate.
p.(None):
p.(None): (6) To take competence of motions for declaratory judgment on the content and application of legal texts, on
p.(None): the terms contemplated by law.
p.(None):
p.(None): (7) To decide competence conflicts between courts, whether ordinary or special, when there is no higher or
p.(None): common court shared by both in the hierarchical order.
p.(None):
p.(None): (8) To take jurisdiction of appeals for violations of law.
p.(None):
p.(None): (9) Such others as may be vested in it by law.
p.(None):
p.(None): The powers indicated under (1) shall be exercised by the Constitutional Division; those indicated under (2 ) and (3),
p.(None): in Plenary Session; and those indicated under (4) and (5), by the Political/Administrative Division. The remaining
p.(None): powers shall be exercised by the various divisions as provided for under this Constitution and by law.
p.(None):
p.(None): Section Three: Governance and Administration of the Judicial Power
...
p.(None): expeditious, in accordance with due process, subject to such terms and conditions as may be established by law. In
p.(None): order to exercise these powers, the Supreme Tribunal in plenary session shall create an Executive Department of the
p.(None): Judiciary, with its various regional offices.
p.(None):
p.(None): Article 268: The autonomy and organization, functioning, discipline and fitness of service of public
p.(None): defenders shall be provided for by law, in order to ensure the efficiency of the service and guarantee career benefits
p.(None): for public defenders.
p.(None):
p.(None): Article 269: The organization of judicial circuits and the creation and competence of regional courts and
p.(None): tribunals shall be regulated by law in such manner as to promote the administrative and jurisdictional decentralization
p.(None): of the Judicial Power.
p.(None):
p.(None): Article 270: The Committee on Judicial Nominations is a body charged with advising the Judicial Power on the selection
p.(None): of candidates* for designation as justices of the Supreme Tribunal of Justice. In addition, it shall advise the
p.(None): judicial electoral colleges on the election of judge,* of disciplinary jurisdiction. The Committee on Judicial
p.(None): Nominations shall be made up of representatives of the various sectors of society, in accordance with such provisions
p.(None): as may be established by law.
p.(None):
p.(None): Article 271: Extradition of foreign nationals responsible for capital deslegitimization, drug, and
p.(None): international organized crime offenses, as well as crimes against the public patrimony of other States and
p.(None): against human rights, shall in no case be denied. Judicial proceedings for the purpose of punishing offenses
p.(None): against human rights or public patrimony, or drug trafficking, shall not be barred by the statute of limitations.
p.(None): Likewise, subject to court order, assets deriving from the activities relating to these offenses shall be confiscated.
p.(None): Proceedings pertaining to the aforementioned offenses shall be public, oral and expeditious, with respect
p.(None): for due process, the competent judicial authorities being authorized to order the necessary preventive
p.(None): precautionary measures against assets belonging to the defendant or persons interposed by the latter, in
p.(None): order to provide a guarantee for their possible civil liability.
p.(None):
p.(None): Article 272: The State guarantees a penitentiary system such as to ensure the rehabilitation
p.(None): of inmates* and respect for their human rights. To this end, penitentiary establishments shall have areas
p.(None): for work, study, sports and recreation, shall operate under the direction of professional penologists with academic
p.(None): credentials, and will be ruled by decentralized administration by state or municipal governments; they may be subject
p.(None): to privatization arrangements. In such establishments, an open regimen shall be preferred, as well as the model of
p.(None): custodial agricultural colonies. In all cases punishment formulas without restriction of freedom shall be
p.(None): applied with preference to measures that restrict freedom. The State shall create the essential institutions to
...
Searching for indicator unlawful:
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p.(None):
p.(None): Article 114: Economic crime, speculation, hoarding, usury, the formation of cartels and other related offenses, shall
p.(None): be punished severely in accordance with law.
p.(None):
p.(None): Article 115: The right of property is guaranteed. Every person has the right to the use, enjoyment, usufruct and
p.(None): disposal of his or her goods. Property shall be subject to such contributions, restrictions and obligations as may be
p.(None): established by law in the service of the public or general interest. Only for reasons of public benefit or social
p.(None): interest by final judgment, with timely payment of fair compensation, the expropriation of any kind of
p.(None): property may be declared.
p.(None):
p.(None): Article 116: Confiscation of property shall not be ordered and carried out, but in the cases permitted by
p.(None): this Constitution. As an exceptional measure, the property of natural or legal persons of Venezuelan or foreign
p.(None): nationality who are responsible for crimes committed against public patrimony may be subject to
p.(None): confiscation, as may be the property of those who illicitly enriched themselves under cover of Public
p.(None): Power, and property deriving from business, financial or any other activities connected with unlawful trafficking in
p.(None): psychotropic and narcotic substances.
p.(None):
p.(None): Article 117: All persons shall have the right of access to goods and services of good quality, as well
p.(None): as to adequate and non-misleading information concerning the contents and characteristics of the products and services
p.(None): they consume, to freedom of choice and to fair and dignified treatment. The mechanisms necessary to guarantee these
p.(None): rights, the standards of quality and quantity for goods and services, consumer protection procedures, compensation for
p.(None): damages caused and appropriate penalties for the violation of these rights shall be established by law.
p.(None):
p.(None):
p.(None): Article 118: The right of workers and the community to develop associations of social and participative nature such
p.(None): as cooperatives, savings funds, mutual funds and other forms of association is recognized. These associations
p.(None): may develop any kind of economic activities in accordance with the law. The law shall recognize the
p.(None): specificity of these organizations, especially those relating the cooperative, the associated work and the
p.(None): generation of collective benefits. The state shall promote and protect these associations destined to improve the
p.(None): popular economic alternative.
p.(None):
p.(None): Chapter VIII
p.(None): Rights of Native People
p.(None):
p.(None): Article 119: The State recognizes the existence of native peoples and communities, their social, political and
...
Political / Indigenous
Searching for indicator native:
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p.(None): Fulfillment of the
p.(None):
p.(None): principles, rights and duties established in this Constitution. Education and work are the fundamental processes for
p.(None): guaranteeing these purposes.
p.(None):
p.(None): Article 4: The Bolivarian Republic of Venezuela is a decentralized Federal State on the terms set forth in this
p.(None): Constitution, governed by the principles of territorial integrity, cooperation, solidarity, attendance and
p.(None): shared responsibility.
p.(None):
p.(None): Article 5: Sovereignty resides untransferable in the people, who exercise it directly in the manner provided for in
p.(None): this Constitution and in the law, and indirectly, by suffrage, through the organs exercising Public Power. The
p.(None): organs of the State emanate from and are subject to the sovereignty of the people.
p.(None):
p.(None): Article 6: The government of the Bolivarian Republic of Venezuela and of the political organs comprising the same,
p.(None): is and shall always be democratic, participatory, elective, decentralized, alternative, responsible and
p.(None): pluralist, with revocable mandates.
p.(None):
p.(None): Article 7: The Constitution is the supreme law and foundation of the legal order. All persons and organs
p.(None): exercising Public Power are subject to this Constitution.
p.(None):
p.(None): Article 8: The national flag with its yellow, blue and red stripes, the National Anthem "Gloria al bravo pueblo"
p.(None): (Glory to the Brave People), and the coat of arms of the Republic are the symbols of the native land.
p.(None): Law shall regulate their characteristics, meaning and use.
p.(None):
p.(None): Article 9: Spanish is the official language. The use of native languages also has official status for native peoples,
p.(None): and must be respected throughout the territory of the Republic, as constituting part of the cultural heritage of the
p.(None): Nation and humanity.
p.(None):
p.(None): TITLE II
p.(None):
p.(None): GEOGRAPHICAL SPACES AND POLITICAL DIVISION
p.(None):
p.(None): Chapter I
p.(None):
p.(None): Territory and Other Geographical Spaces
p.(None):
p.(None): Article 10: The territory and other geographical spaces of the Republic are those which belonged to the
p.(None): Captaincy-General of Venezuela before the political transformation begun on April 19, 1810, as amended by
p.(None): virtue of the treaties and arbitration awards which have not been vitiated with nullity.
p.(None):
p.(None): Article 11: The full sovereignty of the Republic is exercised on the continental, and insular spaces, lake
p.(None): and river spaces, territorial sea, historic, vital and inland sea areas, and those lying within such straight baselines
p.(None): as have been adopted or may come to be adopted by the Republic; seabed and under the seabed of the
p.(None): aforementioned; the continental, insular and maritime air space and the resources located within
p.(None): the
p.(None):
p.(None): aforementioned spaces, including genetic resources, migratory species, derived products and any intangible
p.(None): components that may be present within the aforementioned spaces because of natural causes. The insular space of
p.(None): the Republic includes the Archipelago of Los Monjes, Las Aves, Los Roques, La Orchila, La Tortuga, La
...
p.(None): Power, and property deriving from business, financial or any other activities connected with unlawful trafficking in
p.(None): psychotropic and narcotic substances.
p.(None):
p.(None): Article 117: All persons shall have the right of access to goods and services of good quality, as well
p.(None): as to adequate and non-misleading information concerning the contents and characteristics of the products and services
p.(None): they consume, to freedom of choice and to fair and dignified treatment. The mechanisms necessary to guarantee these
p.(None): rights, the standards of quality and quantity for goods and services, consumer protection procedures, compensation for
p.(None): damages caused and appropriate penalties for the violation of these rights shall be established by law.
p.(None):
p.(None):
p.(None): Article 118: The right of workers and the community to develop associations of social and participative nature such
p.(None): as cooperatives, savings funds, mutual funds and other forms of association is recognized. These associations
p.(None): may develop any kind of economic activities in accordance with the law. The law shall recognize the
p.(None): specificity of these organizations, especially those relating the cooperative, the associated work and the
p.(None): generation of collective benefits. The state shall promote and protect these associations destined to improve the
p.(None): popular economic alternative.
p.(None):
p.(None): Chapter VIII
p.(None): Rights of Native People
p.(None):
p.(None): Article 119: The State recognizes the existence of native peoples and communities, their social, political and
p.(None): economic organization, their cultures, practices and customs, languages and religions, as well as
p.(None): their habitat and original rights to the lands they ancestrally and traditionally occupy, and which are
p.(None): necessary to develop and guarantee their way of life. It shall be the responsibility of the National
p.(None): Executive, with the participation of the native peoples, to demarcate and guarantee the right to
p.(None): collective ownership of their lands, which shall be inalienable, not subject to the law of limitations or distrait, and
p.(None): nontransferable, in accordance with this Constitution and the law.
p.(None):
p.(None): Article 120: Exploitation by the State of the natural resources in native habitats shall be carried out without harming
p.(None): the cultural, social and economic integrity of such habitats, and likewise subject to prior information and
p.(None): consultation with the native communities concerned. Profits from such exploitation by the native peoples are
p.(None): subject to the Constitution and the law.
p.(None):
p.(None): Article 121: Native peoples have the right to maintain and develop their ethnical and cultural entity,
p.(None): world view, values, spirituality and holy places and places of cult. The State shall promote the appreciation
p.(None): and dissemination of the cultural manifestations of the native peoples, who have the right to their own education, and
p.(None): an education system of an intercultural and bilingual nature, taking into account their special social and cultural
p.(None): characteristics, values and traditions.
p.(None):
p.(None): Article 122: Native peoples have the right to a full health system that takes into consideration their
p.(None): practices and cultures. The State shall recognize their traditional medicine and supplementary forms of
p.(None): therapy, subject to principles of bioethics.
p.(None):
p.(None): Article 123: Native peoples have the right to maintain and promote their own economic practices based on
p.(None): reciprocity, solidarity and exchange; their traditional productive activities and their participation in the
p.(None): national economy, and to define their priorities. Native peoples have the right to professional training services
p.(None): and to participate in the preparation, implementation and management of specific training programs and technical and
p.(None): financial assistance services to strengthen their economic activities within the framework of sustainable
p.(None): local development. The State shall guarantee to workers belonging to native peoples the enjoyment of the rights
p.(None): granted under labor legislation.
p.(None):
p.(None):
p.(None): Article 124: Collective intellectual property rights in the knowledge, technologies and innovations of
p.(None): native peoples are guaranteed and protected. Any activity relating to genetic resources and the knowledge
p.(None): associated with the same, shall pursue collective benefits. The registry of patents on this ancestral
p.(None): knowledge and these resources is prohibited.
p.(None):
p.(None): Article 125: Native peoples have the right to participate in politics. The State shall guarantee native
p.(None): representation in the National Assembly and the deliberating organs of federal and local entities with a native
p.(None): population, in accordance with law.
p.(None): Article 126: Native peoples, as cultures with ancestral roots, are part of the Nation, the State and the Venezuelan
p.(None): people, which is one, sovereign and indivisible. In accordance with this Constitution, they have the duty of
p.(None): safeguarding the integrity and sovereignty of the nation. The term people in this Constitution shall in no way be
p.(None): interpreted with the implication it is imputed in international law.
p.(None):
p.(None): Chapter IX
p.(None): Environmental Rights
p.(None):
p.(None): Article 127: It is the right and duty of each generation to protect and maintain the environment for
p.(None): its own benefit and that of the world of the future. Everyone has the right, individually and
p.(None): collectively, to enjoy a safe, healthful and ecologically balanced life and environment. The State shall protect
p.(None): the environment, biological and genetic diversity, ecological processes, national parks and natural monuments, and
p.(None): other areas of particular ecological importance. The genome of a living being shall not be patentable, and the field
p.(None): shall be regulated by the law relating to the principles of bioethics. It is a fundamental duty of the State, with the
p.(None): active participation of society, to ensure that the populace develops in a pollution-free environment in which
p.(None): air, water, soil, coasts, climate, the ozone layer and living species receive special protection, in accordance with
p.(None): law.
p.(None): Article 128: The State shall develop a zoning policy taking into account ecological, geographic,
p.(None): demographic, social, cultural, economic and political realities, in accordance with the premises of sustainable
p.(None): development, including information, consultation and male/female participation by citizens. An organic law
p.(None): shall develop the principles and criteria for this zoning.
p.(None):
p.(None): Article 129: Any activities capable of generating damage to ecosystems must be preceded by environmental
p.(None): and socio-cultural impact studies. The State shall prevent toxic and hazardous waste from entering
p.(None): the country, as well as preventing the manufacture and use of nuclear, chemical and biological
p.(None): weapons. A special law shall regulate the use, handling, transportation and storage of toxic and hazardous
p.(None): substances. In contracts into which the Republic enters with natural or juridical persons of
p.(None): Venezuelan or foreign nationality, or in any permits granted which involve natural resources, the obligation
p.(None): to preserve the ecological balance, to permit access to, and the transfer of technology on mutually agreed terms
p.(None): and to restore the environment to its
p.(None):
p.(None): natural state if the latter is altered, shall be deemed included even if not expressed, on such terms as may be
p.(None): established by law.
p.(None): Chapter X
p.(None): Duties
p.(None): Article 130: Venezuelans* have the duty to honor and defend their native land symbols and cultural values and to
p.(None): guard and protect the sovereignty, nationhood, territorial integrity, self determination and interests of the
p.(None): nation.
p.(None):
p.(None): Article 131: Everyone has the duty to comply with and obey this Constitution and the laws and other official acts
p.(None): promulgated by the organs of Public Power.
p.(None):
p.(None): Article 132: Everyone has a duty to fulfill his or her social responsibilities and participate together in
p.(None): the political, civic and community life of the country, promoting and protecting human rights as the foundation
p.(None): of democratic coexistence and social peace.
p.(None): Article 133: Everyone has the duty to contribute toward public expenditures by paying such taxes, assessments and
p.(None): contributions as may be established by law.
p.(None):
p.(None): Article 134: Everyone, in accordance with law, has the duty to perform such civilian or military service as may be
p.(None): necessary for the defense, preservation and development of the country, or to deal with situations involving a public
p.(None): calamity. No one shall be subjected to forcible recruitment. Everyone has the duty of rendering its services in the
p.(None): electoral functions assigned to them by law.
p.(None):
p.(None): Article 135: The obligations incumbent upon the State in accordance with this Constitution and
p.(None): the law, in Fulfillment of the States commitments to the general welfare of society, do not preclude the
...
p.(None):
p.(None): (25) National policies for agricultural, livestock, fisheries and forest production.
p.(None):
p.(None): (26) The national transportation and shipping system and air, overland, ocean, river and lake transportation
p.(None): of a national nature; ports, airports and their infrastructure.
p.(None):
p.(None): (27) The national highway and railway systems.
p.(None):
p.(None): (28) Governance of postal and telecommunications services, as well as governance and management of the
p.(None): electromagnetic spectrum.
p.(None):
p.(None): (29) General governance of residential public utility services, including in particular electricity, drinking water and
p.(None): gas.
p.(None):
p.(None): (30) Management of border policy with an overall vision of the country, such as to permit a Venezuelan presence and the
p.(None): maintenance of territory and sovereignty in these areas.
p.(None):
p.(None): (31) The organization and administration of justice at the national level, as well as the Office of General Prosecutor
p.(None): and the People Defender.
p.(None):
p.(None): (32) Legislation in the fields of constitutional guarantees, rights and duties; civil, mercantile,
p.(None): criminal, penological, procedural and private international law; election law; expropriation in the public
p.(None): interest or in the interest of society; public credit; intellectual, artistic and industrial property;
p.(None): cultural and archaeological heritage; agriculture; immigration and population; native people and the
p.(None): territories they occupy; labor, Welfare and Social Security; animal and vegetable hygiene; notarial and public
p.(None): record offices; banks and insurance; lotteries, racetracks and betting in general; organization and functioning of the
p.(None): organs of National Public Power and other organs and institutions at the national level; and all matters of
p.(None): national competence in general.
p.(None):
p.(None): (33) Any other matters which the present Constitution may assign to National Public Power, or which by
p.(None): their nature or type come under its competence.
p.(None):
p.(None): Article 157: The National Assembly, by a majority vote of its members, shall have the power to delegate to the
p.(None): States or Municipalities certain matters under national competence, in order to promote decentralization.
p.(None): Article 158: Decentralization, as a national policy, must add depth to democracy, bring power closer to the people
p.(None): and creating optimum conditions both for the exercise of democracy and for the effective and efficient
p.(None): Fulfillment of government commitments.
p.(None): Chapter 111
p.(None): State Public Power
p.(None): Article 159: The States are politically equal and autonomous organs with full juridical personality, and are obligated
p.(None): to maintain the independence, sovereignty and integrity of the nation and to comply with and enforce the Constitution
p.(None): and the laws of the Republic. Article 160: A Governor is in charge of the government and administration of each State.
p.(None): A Governor* must be a Venezuelan* over the age of 25 who is not a member of the clergy. The Governor*
...
p.(None): documentary stamps.
p.(None):
p.(None): (8) Creation, governance and organization of state public services.
p.(None):
p.(None): (9) Construction, preservation, management and exploitation of overland travel routes within the states.
p.(None):
p.(None): (10) Conservation, management and exploitation of national expressways and highways, as well as ports and
p.(None): airports in commercial use, in coordination with the National Executive.
p.(None):
p.(None): (11) Any matters not placed, in accordance with this Constitution, under national or municipal jurisdiction.
p.(None):
p.(None): Article 165: Matters involving concurrent competence shall be regulated by laws enacted by National Power and
p.(None): implementation laws passed by the States. This legislation shall be guided by the principles of
p.(None): interdependence, coordination, cooperation, shared responsibility and subordination. The States shall
p.(None): decentralize and transfer to the Municipalities the state services and powers which the Municipalities are
p.(None): capable of exercising, as well as management of the associated resources, in the areas in which
p.(None): concurrent jurisdiction exist as between these two levels of Public Power. The transfer mechanisms shall be regulated
p.(None): by the legal system of the State concerned.
p.(None):
p.(None): Article 166: In each state, a Public Policy Planning and Coordination Council shall be created, chaired by the
p.(None): Governor* and having as members the Mayors*, the state directors* of the various ministries and representative
p.(None): s of the legislators* elected by the State to the National Assembly, as well as representatives from the Legislative
p.(None): Council, the municipal councils* and organized communities, including native communities where they exist. This Council
p.(None): shall function and be organized as determined by law.
p.(None):
p.(None): Article 167: Are revenues of the States:
p.(None):
p.(None):
p.(None): (1) Those deriving from their property and the management of their assets.
p.(None):
p.(None): (2) Charges for the use of their goods and services, fines and penalties, and any charges allocated to
p.(None): them.
p.(None):
p.(None): (3) Proceeds from the sale of State-owned commodities.
p.(None):
p.(None): (4) The resources to which they are entitled by virtue of constitutional revenue share (situado
p.(None): constitutional).
p.(None):
p.(None): The revenue share is equivalent to up to 20% of total ordinary revenues as estimated annually by the
p.(None): National Treasure, which is to be distributed among the States and the Capital District as follows: 30% of the
p.(None): aforementioned percentage in equal shares, and the remaining 70% in proportion to the population of each of such
p.(None): entities. During each fiscal year, the States must invest at least 50% of the amount to which they are entitled by way
p.(None): of revenue share. During each fiscal year, the Municipalities of each State shall be entitled to at least 20% of
p.(None): the revenue share and of all other ordinary revenues of the State corresponding.
p.(None):
p.(None): (1) In the event of changes in the revenues of the National Treasury that require an adjustment to the National
p.(None): Budget, the constitutional revenue share shall be adjusted in the same proportion.
p.(None):
p.(None): (2) Principles, rules and procedures with a view to ensure the proper and efficient use of the resources deriving
...
p.(None):
p.(None): (1) Election of municipal authorities.
p.(None):
p.(None): (2) Management of affairs within the scope of its competence.
p.(None):
p.(None): (3) Creation, collection and investment of its revenues.
p.(None):
p.(None): The actions of a Municipality within the scope of its competence shall be carried out by incorporating citizen
p.(None): participation into the process of defining and managing public affairs and monitoring and evaluating the
p.(None): results achieved, in an effective, sufficient and timely manner, in accordance with law. The actions of Municipalities
p.(None): may be contested only before the courts of competent jurisdiction, in accordance with the Constitution and the law.
p.(None): Article 169: The organization of Municipalities and other local entities shall be governed by this Constitution, by
p.(None): the rules established by national organic laws to implement constitutional principles, and by such provisions
p.(None): of law as may be enacted by the States in accordance with the aforementioned. Legislation enacted to implement
p.(None): constitutional principles relating to Municipalities and other local entities shall establish various
p.(None): structures for the organization, governance and administration of the same, including as regards the determination of
p.(None): their powers and resources, taking into account conditions relating to population, economic development, ability to
p.(None): generate their own tax revenues, geographical location, historical and cultural elements and other relevant
p.(None): factors. In particular, such legislation shall establish the options for organizing the system of local administration
p.(None): and government that shall be adopted by Municipalities with native populations. In all cases, the municipal
p.(None): structure shall be democratic and consistent with the inherent nature of local government.
p.(None):
p.(None): Article 170: Municipalities shall be permitted to associate in commonwealths, or to agree among themselves or with
p.(None): other territorial political divisions on the creation of types of intergovernmental associations for purposes in
p.(None): the public interest relating to matters within their competence. The rules concerning the grouping
p.(None): of two or more Municipalities into districts shall be determined by law.
p.(None):
p.(None): Article 171: When two or more Municipalities belonging to the same federal organ have economic, social and physical
p.(None): relations that give the group the characteristics of a metropolitan area, they may organize themselves as
p.(None): metropolitan districts. The organic law enacted for the purpose shall guarantee the democratic and participatory
p.(None): character of the metropolitan government and shall establish its functional competence, as well as its tax, financial
p.(None): and control regime. It shall also ensure that the Municipalities have adequate participation in the entities
p.(None): of the metropolitan government, and shall indicate the manner in which the public consultations that are to
p.(None): decide upon affiliation of the Municipalities with the metropolitan district. Various regimes may be established by
p.(None): law for the organization, governance and administration of the metropolitan district, taking into account
p.(None): population conditions, economic and social development, geographical location and other factors of importance. In
...
p.(None): (4) Those deriving from the constitutional revenue share and other national or state transfers or
p.(None): subsidies.
p.(None):
p.(None): (5) The proceeds from fines and penalties imposed within the scope of their competence, or delegated to
p.(None): them.
p.(None):
p.(None): (6) Such others as may be determined by law.
p.(None):
p.(None): Article 180: The taxing power that is vested in Municipalities is different from and independent of the
p.(None): regulatory powers over certain fields or activities conferred by this Constitution or laws on National or
p.(None): State Authority. Immunities from the taxing power of Municipalities in favor of other territorial political entities
p.(None): extend only to public sector juridical persons created by such organs, and not to concession holders or other parties
p.(None): entering into contracts with the administrative arm of National or State government.
p.(None):
p.(None): Article 181: Municipal common lands are inalienable and not subject to the law of limitations. Title to
p.(None): them can be conveyed only subject to compliance with the formalities provided for under municipal ordinances and
p.(None): under the circumstances provided for thereunder, in accordance with this Constitution and such laws as may be
p.(None): promulgated to develop the principles container herein. Ownerless land located within the urban area of towns in a
p.(None): municipality is municipal common land, without prejudice to legitimate and validly constituted rights of third parties.
p.(None): Vacant land located within the urban area also becomes common land. However, this does not include land which
p.(None): is part of native communities. The mechanism for converting other public land into common land shall be established
p.(None): by law.
p.(None):
p.(None): Article 182: The Local Public Planning Council is hereby created, presided over by the Mayor* and consisting of
p.(None): municipal Council members, Chairpersons* of Parish Boards and representatives of neighborhood organizations and other
p.(None): organized social groups, in accordance with such provisions as may be established by law.
p.(None):
p.(None): Article 183: States and Municipalities shall not have the power to:
p.(None):
p.(None): (1) Create customs authorities or import, export or transit duties on domestic or foreign goods, or on
p.(None): other revenue sources under national competence.
p.(None):
p.(None): (2) Tax consumer goods before the same are marketed within their territory.
p.(None):
p.(None): (3) Prohibit the consumption of goods produced outside their territory, nor tax the same differently from those
p.(None): produced within their territory. States and Municipalities have the power to tax agriculture, livestock, fishing and
p.(None): forest activities only at the times, in the manner and to the extent permitted by national laws.
p.(None):
p.(None): Article 184: Open and flexible mechanisms shall be created by law to cause the States and Municipalities to
p.(None): decentralize and transfer to communities and organized neighborhood groups services the latter manage and
p.(None): demonstrate the ability to provide, promoting:
p.(None):
p.(None): (1) The transfer of services in the areas of health, education, housing, sports, culture, social
p.(None): programs, the environment, maintenance of industrial areas, maintenance and upkeep of urban areas,
...
p.(None): the Cabinet ministers, the Governors*, one Mayor* from each State and representatives of organized society, in
p.(None): accordance, with law. The Federal Council on Government shall have a Secretariat made up of the Executive
p.(None): Vice-President*, two Ministers*, three Governors* and three Mayors*. The Federal Council on Government shall have a
p.(None): dependency known as the Inter territorial Compensation Fund, intended for the purpose of financing public investments
p.(None): with a view to promoting the balanced development of regions, cooperation and complement among the development
p.(None): policies and initiatives of the various public territorial entities, and in particular supporting the
p.(None): providing of works projects and services in regions and communities with relatively low levels of
p.(None): development. The Federal Council on Government, based on regional unbalances, shall discuss and approve annually the
p.(None): resources to be allocated to the Inter-territorial Compensation Fund and the priority investment areas to which these
p.(None): resources are to be applied.
p.(None):
p.(None): TITLE V
p.(None): ORGANIZATION OF NATIONAL PUBLIC AUTHORITY
p.(None): Chapter 1
p.(None): National Legislative Power Section One: General Provisions
p.(None):
p.(None): Article 186: The National Assembly shall consist of Deputies* elected* in each of the federal entities by universal,
p.(None): direct, personalized and secret ballot with proportional representation, using a constituency base of 1.1 % of
p.(None): the total population of the country. Each federal organ shall also elect three additional deputies*. The native peoples
p.(None): of the Bolivarian Republic of Venezuela shall elect three deputies* in accordance with the provisions
p.(None): established under election law, respecting the traditions and customs thereof. Each deputy* shall have an alternate*
p.(None): elected* by the same process.
p.(None):
p.(None): Article 187: It shall be the function of the National Assembly:
p.(None):
p.(None): (1) To legislate in matters of national competence and as to the functioning of the various
p.(None): branches of National Power.
p.(None):
p.(None): (2) To propose amendments to and revisions of the Constitution, on the terms established in this
p.(None): Constitution.
p.(None):
p.(None): (3) To exercise control functions over the government and the National Public Administrative, on the terms
p.(None): established in this Constitution and by law. Evidence obtained during the exercise of this function shall
p.(None): have probative value on such terms as may be established by law.
p.(None):
p.(None): (4) To organize and promote citizen participation in matters within its competence.
p.(None):
p.(None): (5) To order amnesties.
p.(None):
p.(None): (6) To discuss and approve the national budget and any bill relating to the taxation system and to public credit.
p.(None):
p.(None): (7) To authorize appropriations in addition to the budget.
p.(None):
p.(None): (8) To approve the general guidelines for the national economic and social development plan to be submitted by
p.(None): the National Executive during the third quarter of the first year of each constitutional term.
p.(None):
p.(None): (9) To authorize the National Executive to enter into contracts in the national interest, in the cases
p.(None): established by law. To authorize contracts in the municipal, state and national public interest, with foreign
...
p.(None):
p.(None): Article 257: Procedure represents a fundamental instrument for the administration of justice. Procedural laws
p.(None): shall provide for the simplification, uniformity and efficiency of legal formalities, and shall adopt expeditious, oral
p.(None): and public procedures. Justice shall not be sacrificed because of the omission of nonessential formalities.
p.(None):
p.(None): Article 258: Justice of peace in communities shall be organized by law. Justices* of peace shall be
p.(None): elected by universal suffrage, directly and by secret ballot, in accordance with law. The law shall encourage
p.(None): arbitration, conciliation, mediation and any other alternative means for resolving conflicts.
p.(None):
p.(None): Article 259: Competence over contentious administrative law proceedings shall be vested in the Supreme
p.(None): Tribunal of Justice and such other courts as may be determined by law. Organs with jurisdiction in the field of
p.(None): contentious administrative law are competent to nullify general or individual administrative acts contrary to
p.(None): law, including cases of power deviation; to order the payment of sums of money and reparations for damages for whose
p.(None): causation the Administration is responsible; to deal with claims arising from the providing of public services; and
p.(None): to rule as necessary to restore the legal position of parties harmed by administrative actions.
p.(None):
p.(None): Article 260: The legitimate authorities of the native peoples shall have the power to apply within their
p.(None): territorial competence levels of administration of justice based on their ancestral traditions and affecting their
p.(None): members only, in accordance to their own rules and proceedings, provided the same are not contrary to this
p.(None): Constitution, law and public order. The manner in which this special competence shall be coordinated with
p.(None): the national judicial system shall be determined by law.
p.(None):
p.(None): Article 261: Military criminal jurisdiction is an integral part of the Judicial Power, and its judges* shall be
p.(None): selected by a competitive process. Its sphere of competence, organization and modes of operation shall be
p.(None): governed by the accusatory system and in accordance with the Organic Code of Military Justice. The commission
p.(None): of common crimes, human rights violations and violations of humanity rights shall be judged by the courts of the
p.(None): ordinary jurisdiction. Military courts jurisdiction is limited to offenses of a military nature. Insofar as not
p.(None): provided for in this Constitution, special jurisdiction and the competence, organization and functioning of the courts
p.(None): shall be regulated by law.
p.(None): Section Two: Supreme Tribunal of Justice
p.(None):
...
p.(None): body or dependency to take the proper corrective action, in accordance to the case without prejudice to such
p.(None): penalties as may be applicable in accordance with law.
p.(None):
p.(None): Article 276: The Chairman* of the Republican Ethic Council and the heads of the organs comprising Citizen Power shall
p.(None): submit an annual report before a plenary session of the National Assembly. They shall likewise submit reports whenever
p.(None): asked by the National Assembly to do so. Both the regular and the special reports are to be published.
p.(None):
p.(None): Article 277: All officials* of the National Public Administrative are obligated, subject to such penalties as may be
p.(None): established by law, to cooperate on an urgent priority basis with representatives* of the Republican Ethics
p.(None): Council in connection with the latter's investigations. The Council shall have the power to ask them
p.(None): for such statements and documents as it may deem necessary in order to perform its functions; this includes any
p.(None): documents that may have been classified or catalogues as confidential or secret in accordance with law. In
p.(None): all cases, Citizen Power shall release information contained in confidential or secret documents only through such
p.(None): procedures as may be established by law.
p.(None):
p.(None): Article 278: The Republican Ethic Council shall promote all types of teaching activities designed to contribute to the
p.(None): understanding and study of this Constitution; love for the native land, civic and democratic virtues and the
p.(None): transcendental values of the Republic; and observance of and respect for human rights.
p.(None):
p.(None): Article 279: The Republican Ethic Council shall convene a Citizen Power nomination Evaluating Committee,
p.(None): which shall be made up of a group of representative s from various sectors of society, and shall conduct
p.(None): public proceedings resulting in the provision of a list of three candidates from each organ member of the
p.(None): Citizen Power to be submitted for consideration by the National Assembly, which, by a two-thirds vote of its
p.(None): members, shall select within 30 calendar days the member* of the Citizen Power organ
p.(None):
p.(None): under consideration in each case. If the National Assembly has not reached an agreement by the end of this period,
p.(None): Electoral shall submit the list of three candidates to a public referendum. If the Citizen Power Nomination
p.(None): Evaluating Committee has not been convoked, the National Assembly shall proceed, within such time limit
p.(None): as may be determined by law, to designate the member* of the pertinent Citizen Power organ. Members* of
p.(None): Citizen Power shall be subject to removal by the National Assembly, following a ruling by the Supreme
p.(None): Tribunal of Justice, in accordance with the procedure established by law.
p.(None):
p.(None): Section Two: People Defender's Office
p.(None):
p.(None): Article 280: The People Defender's Office is charged with the furtherance, defense and oversight of the rights
p.(None): and guarantees established under this Constitution and international treaties on human rights, in addition
...
p.(None): such public services, filing when appropriate, any actions to demand that the State compensate parties subject to its
p.(None): administrative actions for any damages that may have been caused them in connection with the
p.(None): functioning of such public services.
p.(None):
p.(None): (3) To file unconstitutionality actions, summary constitutional remedies, habeas corpus, habeas data and any
p.(None): other actions or motions necessary in order to exercise the powers indicated above, where proper in accordance with
p.(None): law.
p.(None):
p.(None): (4) To urge the General Prosecutor* of the Republic to pursue any appropriate actions or motions against
p.(None): public Officials* responsible for violations of or encroachment upon human rights.
p.(None):
p.(None): (5) To ask the Republican Ethic Council to take the appropriate measures with regard to public officials*
p.(None): responsible for violations of or encroachment upon human rights.
p.(None):
p.(None): (6) To ask the competent authority to apply appropriate corrective and punitive measures in cases involving
p.(None): violations of the rights of consumers and users, in accordance with law.
p.(None):
p.(None): (7) To submit to legislative organs at the municipal, state or national levels, bills or other
p.(None): initiatives for the progressive protection of human rights.
p.(None):
p.(None): (8) To protect the rights of native peoples and take such action as may be necessary to guarantee and protect such
p.(None): rights effectively.
p.(None):
p.(None): (9) To visit and inspect the dependencies and establishments of State agencies, to prevent or protect human
p.(None): rights.
p.(None):
p.(None): (10) To place before the appropriate organs recommendations and observations as necessary in the
p.(None): interest of providing optimum protection for human rights, to which end shall develop mechanisms for remaining in
p.(None): constant communication with national and international public and private organs for the protection and defense of
p.(None): human rights.
p.(None):
p.(None): (11) To promote and implement policies for the expansion and effective protection of human rights.
p.(None):
p.(None): (12) Such other functions as may be established by the Constitution and by law.
p.(None):
p.(None): Article 282: The People Defender* shall enjoy immunity in the exercise of his functions, and therefore shall not be
p.(None): subject to pursuit, arrest or prosecution for acts relating to the performance of his official functions. In any
p.(None): such case, exclusive competence shall be vested in the Supreme Tribunal of Justice.
p.(None):
p.(None): Article 283: Matters relating to the organization and functioning of the People Defender's Office
p.(None): at the municipal, state, national, and special levels shall be determined by law. The activities of this Office
...
p.(None): relating to the planning and execution of operations concerning national security, on such terms as may be
p.(None): established by law.
p.(None):
p.(None): Chapter II
p.(None): Principles of National Security
p.(None):
p.(None): Article 326: National security is based on shared responsibility between the State and civil society to
p.(None): implement the principles of independence, democracy, equality, peace, freedom, justice, solidarity,
p.(None): promotion and conservation of the environment and
p.(None):
p.(None): affirmation of human rights, as well as on that of progressively meeting the individual and collective needs of
p.(None): Venezuelans*, based on a sustainable and productive development policy providing full coverage for the
p.(None): national community. The principle of shared responsibility applies to the economic, social, political,
p.(None): cultural, geographical, environmental and military spheres.
p.(None):
p.(None): Article 327: Attention to borders is a priority matter in the enforcement and application of national security
p.(None): principles. To this end, a border security belt is established, with width, special economic and social
p.(None): regimes, settlement and utilization. shall be regulated by law, with special protection for national
p.(None): parks and other areas under special administrative arrangements, as well as the habitat of the
p.(None): native people settled in the areas concerned.
p.(None):
p.(None): Chapter- III
p.(None): The National Armed Forces
p.(None):
p.(None): Article 328: The National Armed Forces constitute an essentially professional institution, with no political
p.(None): orientation, organized by the State to guarantee the independence and sovereignty of the Nation and ensure the
p.(None): integrity of its geographical space, through military defense, cooperation for the purpose of maintaining
p.(None): internal order and active participation in national development, in accordance with this Constitution and the law.
p.(None): In performing their functions, they are at the exclusive service of the Nation, and in no case at the service of any
p.(None): person or political partisanship. The pillars on which they are founded are discipline, obedience and subordination.
p.(None): The National Armed Forces consist of the Army, the Navy, the Air Force and the National Guard, which
p.(None): function in an integrated manner within the scope of their competence to fulfill their mission, with their own
p.(None): overall Social Security system, as established under the pertinent organic law.
p.(None):
p.(None): Article 329: The Army, Navy and Air Force have as their essential responsibility the planning, execution
...
p.(None):
p.(None): (1) Strict interpretation of tax laws and rules, bearing in mind their purpose and their economic
p.(None): significance, in order to eliminate ambiguities.
p.(None):
p.(None): (2) The elimination of exceptions to the principle of non-retroactivity of the law.
p.(None):
p.(None): (3) Expansion of the concept of imputed income, in order to provide the Tax Administration with better instruments.
p.(None):
p.(None): (4) Elimination of the statute of limitations for serious tax offenses, which must be defined in the Organic Tax Code.
p.(None):
p.(None): (5) Increase penalties for advisors, law firms, independent auditors and other professionals who act in
p.(None): complicity for the purpose of committing tax offenses, including periods of suspension from the practice of
p.(None): their professions.
p.(None):
p.(None): (6) Increase penalties and the severity of the sanctions for tax evasion crimes increasing the periods for
p.(None): the statute of limitations.
p.(None):
p.(None): (7) Revision of mitigating and aggravating circumstances considered in imposing penalties, in order to make
p.(None): them stricter.
p.(None):
p.(None): (8) Extend the audit powers of the Tax Administration.
p.(None):
p.(None): (9) Increase the rate of default interest in order to discourage tax evasion.
p.(None):
p.(None): (10) Extension of the principle of solidarity to make it possible to reach the assets of Directors* or tax
p.(None): advisors* in cases they validate tax offenses.
p.(None):
p.(None): (11) Introduction of more expeditious administrative procedures.
p.(None):
p.(None): Sixth: Within two years, the National Assembly shall pass legislation on all matter relating to this
p.(None): Constitution. Priority shall be given to the Organic Laws on Native People, on Education, and on Borders.
p.(None):
p.(None): Seventh: For purposes of article 125 of this Constitution, pending approval of the pertinent organic law,
p.(None): the election of native representatives* to the National Assembly and the State and Municipal Legislative
p.(None): Councils shall be governed by the following nomination requirements and mechanisms:
p.(None):
p.(None): All native organizations or communities shall have the right to nominate native candidates. It is
p.(None): a requirement for being a candidate to speak their native language and meet at least one of the following conditions:
p.(None):
p.(None): (1) Have exercised position of traditional Authority in the correspondent community.
p.(None):
p.(None): (2) Have an established record in the social struggle for recognition of the correspondent cultural identity.
p.(None):
p.(None): (3) Have taken action benefiting native people and communities.
p.(None):
p.(None): (4) Must belong to a legally constituted native organization that has been in existence for at least three years.
p.(None):
p.(None): Three regions are to be established: West, consisting of the States of Zulia, Merida and Trujillo; South, consisting of
p.(None): the States of Amazonas and Apure; and East, consisting of the States of Bolivar, Delta Amacuro, Monagas,
p.(None): Anzoategui, and Sucre. Each of the states comprising the various regions shall elect one
p.(None): representative. The national Electoral Council shall declare elected the candidate who receives a majority of the
p.(None): valid votes in his region or circumscription. The native candidates shall appear on the ballot in their State or
p.(None): circumscription, and all of the voters in such State shall have the right to vote for them. For purposes of native
p.(None): representation on the State Legislative Council and on the Municipal Councils of Municipalities with a native
p.(None): population, the 1992 official census by the Central Statistics and Data Processing Office shall be used as a reference,
p.(None): and the elections shall be conducted in accordance with the rules and requirements established herein. The
p.(None): National Electoral Council shall guarantee compliance with the requirements set forth herein, relying on support from
p.(None): experts in native affairs and native organizations.
p.(None):
p.(None): Eighth: Pending promulgation of the new electoral laws contemplated in this Constitution,
p.(None): electoral processes shall be called, organized, directed and supervised by the National Electoral Council.
p.(None): For the first term of office of the National Electoral Council provided for under this Constitution, all
p.(None): of the members shall be designated simultaneously. halfway through the term, two of the members shall
p.(None): be replaced in. accordance with the provisions of the pertinent organic law.
p.(None):
p.(None): Ninth: Pending enactment of the laws pertaining to chapter IV of title V, the Organic Law on the
p.(None): Office of Public Prosecutions and the Organic Law on the Office of the General Comptroller of the
p.(None): Republic shall remain in effect. The head of the People Defender's Office shall be designated temporarily by
p.(None): the National Constituent Assembly. The People Defender* shall move forward as regards organizational
p.(None): structure, integration, establishing of budget and physical infrastructure, based on the powers vested in him
p.(None): by the Constitution.
p.(None):
p.(None): Tenth: The provisions of article 167, section 4 of this Constitution concerning the obligation of the
p.(None): States to apply at least 50% of the constitutional revenue share to investment, shall be effective beginning
p.(None): January 1, 2001.
p.(None):
p.(None): Eleventh: Pending enactment of national legislation governing vacant lands, the same shall continue to be
p.(None): administered by the National Power, in accordance with existing legislation.
p.(None):
p.(None): Twelfth: The demarcation of the native habitat as referred to in Article 119 of this Constitution,
p.(None): shall be carried out within two years of the effective date of this Constitution.
p.(None):
p.(None): Thirteenth: Until the States assume under State law the powers referred to under article 164, section 7 of this
p.(None): Constitution, the existing system shall remain in effect.
p.(None):
p.(None): Fourteenth: Pending enactment of the legislation developing the principles embodied in this Constitution concerning
p.(None): municipal regime, the ordinances and other normative instruments concerning municipalities shall remain in full
p.(None): effect as to the matters within their competence and the separate tax competence they possess under the
p.(None): legal order applicable prior to adoption of this Constitution.
p.(None):
p.(None): Fifteenth: Pending passage of the legislation referred to in article 105 of the Constitution,
p.(None): the legal order applicable prior to adoption of this Constitution shall remain in effect.
p.(None):
p.(None): Sixteenth: In order to protect the nation's historical heritage, the Chronicler of the National Constituent
p.(None): Assembly shall coordinate all necessary mechanisms to safeguard written documents, videos, digital recordings,
p.(None): photographs, periodicals, audio and any other forms of documentation prepared. All these documents shall
p.(None): remain under the protection of the General Archives of the Nation.
p.(None):
...
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p.(None): political purposes with State funds shall be permitted. Matters relating to the financing of and
p.(None): private contributions to associations for political purposes shall be regulated by law, as shall the oversight
p.(None): mechanisms to guarantee propriety as to the sources and handling of such funds. Law shall regulate as well,
p.(None): political and election campaigns, the duration thereof and spending limits with a view pursuing its
p.(None): democratization. Citizens*, on their own initiative, and associations for political purposes, shall be
p.(None): entitled to participate in the electoral process, putting forward candidates*. The financing of political
p.(None): advertising and election campaigns shall be regulated by law. The authorities of associations for political purposes
p.(None): shall not enter into contracts with organs in the public sector.
p.(None):
p.(None): Article 68: Citizens* have the right to demonstrate, peacefully and without weapons, subject only to such
p.(None): requirements as may be established by law. The use of firearms and toxic substances to control peaceful demonstrations
p.(None): is prohibited. The activity of police and security corps in maintaining public order shall be regulated by law.
p.(None):
p.(None): Article 69: The Bolivarian Republic of Venezuela recognizes and guarantees the right of asylum and refuge. Extradition
p.(None): of Venezuelans* is prohibited.
p.(None):
p.(None): Article 70: Participation and involvement of people in the exercise of their sovereignty in political affairs can
p.(None): be manifested by: voting to fill public offices, referendum, consultation of public opinion,
p.(None): mandate revocation, legislative, constitutional and constituent initiative, open forums and meetings of
p.(None): citizens* whose decisions shall be binding among others; and in social and economic affairs: citizen
p.(None): service organs, self- management, co-management, cooperatives in all forms, including those of a financial
p.(None): nature, savings funds, community enterprises, and other forms of association guided by the values of mutual cooperation
p.(None): and solidarity. The law shall establish conditions for the effective, functioning of the means of participation
p.(None): provided for under the present article.
p.(None):
p.(None): Section Two: Popular Referendum
p.(None):
p.(None): Article 71: Matters of special national transcendence may be referred to a consultative referendum, on the initiative
p.(None): of the President* of the Republic, taken at a meeting of the Cabinet; by resolution of the National Assembly,
p.(None): passed by a majority vote; or at the request of a number of voters constituting at least 10% of all voters*
p.(None): registered on the national, civil and electoral registry. Matters of special state, municipal and parish
p.(None): transcendence may also be referred to a consultative referendum. The initiative shall be taken by the Parish Board, the
p.(None): Municipal Council and to the Legislative Council, by the vote of two third of its members; by the Mayor* and the
...
p.(None): country with the intention of remaining. Declarations of intent as provided for under articles 32, 33 and 36 of this
p.(None): Constitution shall be made in the form of an authentic instrument by the interested party, when the latter is of legal
p.(None): age, or by his legal representative , if he has not yet reached the age of 21.
p.(None):
p.(None): Third: The National Assembly, within six months of its installation, shall pass:
p.(None):
p.(None): (1) A partial reform of the Penal Code to include the offense of forced disappearance of persons, as
p.(None): provided for under article 45 of this Constitution.
p.(None):
p.(None): (1) Pending enactment of this reform, the Inter-American Convention on the Forced Disappearance of Persons shall apply
p.(None): insofar as possible.
p.(None):
p.(None): (2) An organic law on states of exception.
p.(None):
p.(None): (3) A special law to establish the conditions and characteristics of a special regime for the Municipalities of Jose
p.(None): Antonio Paez and Romulo Gallegos,
p.(None):
p.(None): in the State of Apure. In the process of formulating this law, the opinions of the President* of the Republic,
p.(None): the National Armed Forces, such representation as may be designated by the corresponding State and all
p.(None): other institutions involved in border problems shall be heard.
p.(None):
p.(None): Fourth: Within one year of installation, the National Assembly shall approve:
p.(None):
p.(None): (1) Legislation on penalties for torture, either in the form of a special law or by reforming the Penal Code.
p.(None):
p.(None): (2) An organic law on refugees* and asylum guarantees, consistent with the terms of this Constitution and the
p.(None): pertinent international treaties ratified by Venezuela.
p.(None):
p.(None): (3) By reforming the Organic Labor Law, a new regime for the right of employees regarding severance payments as
p.(None): regulated in article 92 which regime shall provide for severance payments calculated in proportion to the
p.(None): time served and calculated according with the last salary earned, establishing a statute of limitation
p.(None): for this right of ten (10) years. Until such reformed law goes into effect, the seniority benefit
p.(None): arrangement established under the present Organic Labor Law currently in force shall temporarily remain in effect.
p.(None): Likewise a set of overall standards regulating the working day and promoting the progressive reduction thereof shall be
p.(None): included, on the terms contemplated under the International Labor Organization agreements and
p.(None): conventions signed by the Republic.
p.(None):
p.(None): (4) An organic procedural labor law guaranteeing the functioning of an autonomous and specialized labor
p.(None): jurisdiction and protection for workers on the terms provided for in this Constitution and the law. The
p.(None): organic labor procedural law shall be guided by the principles of gratuitous service, expeditiousness, oral
p.(None): proceedings, immediacy, priority on the reality of the facts, equity and guiding authority of the judge
p.(None): in the proceedings.
p.(None):
p.(None): (5) The legislation relating to the Judicial System, National Public Administration, Citizen Power,
...
Political / criminal
Searching for indicator criminal:
(return to top)
p.(None): aforementioned circumstances, are in a manifestly weak position; and shall punish those who abuse or mistreat
p.(None): such persons.
p.(None):
p.(None): 3. People will only be officially addressed as Citizens, except for diplomatic forms.
p.(None):
p.(None): 4. No titles of nobility or hereditary distinctions shall be recognized.
p.(None):
p.(None): Article 22: The recitation of rights and guarantees contained in this Constitution and in international instruments
p.(None): concerning human rights are not to be understood as negating others inherent to individuals, not expressly mentioned in
p.(None): such recitation. The absence of a law regulating these rights shall not adversely affect the exercise thereof.
p.(None):
p.(None): Article 23: The treaties, pacts and conventions relating human rights which have been executed and ratified by
p.(None): Venezuela have a constitutional rank, and prevail over internal legislation, insofar as they contain provisions
p.(None): concerning the enjoyment and exercise of such rights that are more favorable than those established by this
p.(None): Constitution and the laws of the Republic, and shall be immediately and directly applied by the courts
p.(None): and other organs of the Public Power.
p.(None):
p.(None): Article 24: No legislative provision shall have retroactive effect, except where it imposes a lesser penalty.
p.(None): Procedural laws shall apply from the moment they go into effect, even to proceedings already in progress; however,
p.(None): in criminal proceedings, evidence already admitted shall be weighed in accordance with the laws that were
p.(None): in effect when the evidence was admitted, insofar as this benefits the defendant. When there are doubts as to the
p.(None): rule of law that is to be applied, the most beneficial to the defendant will prevail.
p.(None):
p.(None): Article 25: Any act on the part of the Public Power that violates or encroaches upon the rights guaranteed by this
p.(None): Constitution and by law is null and void, and the public employees* ordering or implementing the
p.(None): same shall incur criminal, civil and administrative liability, as applicable in each case, with no defense on
p.(None): grounds of having followed the orders of a superior.
p.(None):
p.(None): Article 26: Everyone has the right to access the organs comprising the justice system for the purpose of enforcing his
p.(None): or her rights and interests, including those of a collective or diffuse nature to the effective protection of
p.(None): the aforementioned and to obtain the corresponding prompt decision. The State guarantees justice that is
p.(None): free of charge, accessible, impartial, suitable, transparent, autonomous, independent, responsible,
p.(None): equitable and expeditious, without undue delays, superfluous formalities or useless reinstating.
p.(None):
p.(None): Article 27: Everyone has the right to be protected by the courts in the enjoyment and exercise of
p.(None): constitutional rights and guarantees, including even those inherent individual rights not expressly mentioned in
p.(None): this Constitution or in international instruments concerning human rights. Proceedings on a claim for
p.(None): constitutional protection shall be oral, public, brief, free of charge and unencumbered by formalities, and
p.(None): the competent judge shall have the power to restore immediately the legal situation infringed upon or the closest
p.(None): possible equivalent thereto. All time shall be available for the holding of such proceedings, and the court shall
...
p.(None): religious faith and cults, and express their beliefs in private or in public, by teaching and other practices,
p.(None): provided such beliefs are not contrary to moral, good customs and public order. The autonomy and independence of
p.(None): religious confessions and churches is likewise guaranteed, subject only to such limitations as may derive from this
p.(None): Constitution and the law. Father and Mother are entitled to have their sons and daughters receive
p.(None): religious education in accordance with their convictions. No one shall invoke religious beliefs or discipline as
p.(None): a means of evading compliance with law or preventing another person* from exercising his or her rights.
p.(None):
p.(None): Article 60: Every person is entitled to protection of his or her honor, private life, intimacy,
p.(None): self-image, confidentiality and reputation. The use of electronic information shall be restricted by law
p.(None): in order to guarantee the personal and family intimacy and honor of citizens* and the full exercise of their
p.(None): rights.
p.(None):
p.(None): Article 61: All persons have the right to freedom of conscience, and to express the same except those practices
p.(None): affecting personality or constituting criminal offense. Objections of conscience may not be invoked in order to
p.(None): evade compliance with law or prevent others from complying with law or exercising their rights.
p.(None):
p.(None): Chapter IV
p.(None): Political Rights and Public Referenda Section One: Political Rights
p.(None):
p.(None): Article 62: All citizens* have the right to participate freely in public affairs, either directly or
p.(None): through their elected* representatives. The participation of the people in forming, carrying out and
p.(None): controlling the management of public affairs is the necessary way of achieving the involvement to ensure their complete
p.(None): development, both individual and collective. It is the obligation of the State and the duty of society to
p.(None): facilitate the generation of optimum conditions for putting this into practice.
p.(None):
p.(None): Article 63: Suffrage is a right. lt. shall be exercised through free, universal, direct and secret elections. The law
p.(None): shall guarantee the principle of personalization of suffrage and proportional representation.
p.(None):
p.(None): Article 64: All Venezuelans* who have reached the age of 18 and are not subject to political
p.(None): disablement or civil interdiction are qualified to vote. In state, municipal and parish elections, the
p.(None): right to vote shall be extended to foreign nationals* who have reached the age of 18 and have resided in
p.(None): Venezuela for more than ten years, subject to the limitations established in this Constitution and by law, and
...
p.(None): for violation of this Constitution or the law.
p.(None):
p.(None): Article 140: The State shall be financially liable for any damages suffered by private individuals to
p.(None): any of their property or rights, provided the harm is imputable to the functioning of Public
p.(None): Administration.
p.(None):
p.(None): Section Two: Public Administration
p.(None):
p.(None): Article 141: Public Administration is at the service of the citizen* and is based on the principles of honesty,
p.(None): participation, expeditiousness, efficacy, efficiency, transparency, accountability and responsibility in the
p.(None): performance of public functions, being fully subject to the law and to the right.
p.(None):
p.(None): Article 142: Autonomous institutions can be created only by law. Such institutions, as well as public interests in
p.(None): foundations or organs of any nature, shall be subject to State Control in such form as may be established by law.
p.(None):
p.(None): Article 143: Citizens* have the right to be informed by Public Administration, in a timely and truthful
p.(None): manner, of the status of proceedings in which they have a direct interest, and to be apprised of any final
p.(None): decisions adopted in the matter. Likewise, they have access to administrative files and records, without prejudice to
p.(None): the limits acceptable in a democratic society in matters relating to internal and external security,
p.(None): criminal, investigation and the intimacy of private life, in accordance with law regulating the matter of
p.(None): classification of documents with contents which are confidential or secret. No censorship of public officials*
p.(None): reporting on matters for which they are responsible shall be permitted.
p.(None):
p.(None): Section Three: Public Functions
p.(None):
p.(None): Article 144: Statutes governing public functions shall be enacted by law, with rules concerning entering,
p.(None): promotion, transfers, suspension and removal of employees* of Public Administration, and will provide for their
p.(None): incorporation into Social Security. The duties and requirements that are to be met by public employees* in the exercise
p.(None): of their official functions shall be determined by law. Article 145: Public officials or employees serve the state, and
p.(None): not any partisan interest. Their appointment and removal shall not be determined based on political affiliation or
p.(None): orientation. A person who is in the service of the Municipalities, the States, the Republic, or any other State public
p.(None): or private juridical persons, shall not be permitted to enter into a contract of any kind with them,
p.(None): either
p.(None):
p.(None): directly or through any interposed person, or as representative of another, with such exceptions as may be
p.(None): established by law.
p.(None):
p.(None): Article 146: Positions in the organs of Public Administration are to be filled by career personnel. Exceptions are
...
p.(None):
p.(None): (20) Public works in the national interest.
p.(None):
p.(None): (21) The macroeconomic, financial and fiscal policies of the Republic.
p.(None):
p.(None): (22) The governance and organization of the Social Security System.
p.(None):
p.(None): (23) National policy and legislation in the fields of health, housing, food safety, the environment, waters, tourism,
p.(None): zoning and shipping.
p.(None):
p.(None): (24) National education and health policies and services.
p.(None):
p.(None): (25) National policies for agricultural, livestock, fisheries and forest production.
p.(None):
p.(None): (26) The national transportation and shipping system and air, overland, ocean, river and lake transportation
p.(None): of a national nature; ports, airports and their infrastructure.
p.(None):
p.(None): (27) The national highway and railway systems.
p.(None):
p.(None): (28) Governance of postal and telecommunications services, as well as governance and management of the
p.(None): electromagnetic spectrum.
p.(None):
p.(None): (29) General governance of residential public utility services, including in particular electricity, drinking water and
p.(None): gas.
p.(None):
p.(None): (30) Management of border policy with an overall vision of the country, such as to permit a Venezuelan presence and the
p.(None): maintenance of territory and sovereignty in these areas.
p.(None):
p.(None): (31) The organization and administration of justice at the national level, as well as the Office of General Prosecutor
p.(None): and the People Defender.
p.(None):
p.(None): (32) Legislation in the fields of constitutional guarantees, rights and duties; civil, mercantile,
p.(None): criminal, penological, procedural and private international law; election law; expropriation in the public
p.(None): interest or in the interest of society; public credit; intellectual, artistic and industrial property;
p.(None): cultural and archaeological heritage; agriculture; immigration and population; native people and the
p.(None): territories they occupy; labor, Welfare and Social Security; animal and vegetable hygiene; notarial and public
p.(None): record offices; banks and insurance; lotteries, racetracks and betting in general; organization and functioning of the
p.(None): organs of National Public Power and other organs and institutions at the national level; and all matters of
p.(None): national competence in general.
p.(None):
p.(None): (33) Any other matters which the present Constitution may assign to National Public Power, or which by
p.(None): their nature or type come under its competence.
p.(None):
p.(None): Article 157: The National Assembly, by a majority vote of its members, shall have the power to delegate to the
p.(None): States or Municipalities certain matters under national competence, in order to promote decentralization.
p.(None): Article 158: Decentralization, as a national policy, must add depth to democracy, bring power closer to the people
p.(None): and creating optimum conditions both for the exercise of democracy and for the effective and efficient
p.(None): Fulfillment of government commitments.
p.(None): Chapter 111
p.(None): State Public Power
...
p.(None):
p.(None): Article 198: A Deputy* of the National Assembly who is recalled shall not be eligible for any public elective office
p.(None): during the following term of office.
p.(None):
p.(None): Article 199: Deputies* of the National Assembly are not liable for votes and opinions expressed in the performance
p.(None): of their official functions. They shall be answerable to voters* and to the legislative entity only as
p.(None): provided for under the Constitution and Regulations.
p.(None):
p.(None): Article 200: Deputies* of the National Assembly shall enjoy immunity in the exercise of their functions from the time
p.(None): of their installation until the end of their term or resignation. Only the Supreme Tribunal of Justice shall
p.(None): have competence over any crimes may be charged as committed by members of the National Assembly, and
p.(None): only the Supreme Tribunal of Justice, subject to authorization in advance from the National Assembly, shall have the
p.(None): power to order their arrest and prosecution. In the case of a flagrant offense committed by a
p.(None): legislator*, the competent authority shall place such legislator* under house arrest and immediately notify
p.(None): the Supreme Tribunal of Justice of such event. Public officials* who violate the immunity of members of the
p.(None): National Assembly shall incur criminal liability and shall be punished in accordance with law.
p.(None):
p.(None): Article 201: Deputies* are representatives of the people and of the States taken together, they are not subject to
p.(None): mandates or instructions, but only to their own consciences. Their vote in the National Assembly is personal.
p.(None):
p.(None): Section Four: Passage of Laws
p.(None):
p.(None): Article 202: The law is an act enacted by the National Assembly in legislative session. Laws that contain a
p.(None): systematic set of norms regulating a particular field may also be referred to as codes.
p.(None):
p.(None): Article 203: Organic Laws are those designated as such by this Constitution, those enacted to organize
p.(None): public powers or developing constitutional rights, and those which serve as a normative framework for other laws. Any
p.(None): bill for the enactment of an organic law, except in the case of those defined as such in the Constitution itself, must
p.(None): first be accepted by the National Assembly, by a two thirds vote of the members* present, before the beginning of
p.(None): debate on the bill. This qualifying vote shall also apply to the process of amending organic acts. Laws defined by the
p.(None): National Assembly as organic acts shall be sent, prior to promulgation, to the Constitutional Division of the
p.(None): Supreme Tribunal of Justice for a ruling on the constitutionality of their organic status. The
p.(None): Constitutional Division shall reach a decision within ten days of receipt of the communication. If the Constitutional
p.(None): Division rules that the law is not organic, such the law shall lose the organic status. Enabling laws are
...
p.(None): regard to matters recognized by the President* of the Republic as being of particular importance and requiring
p.(None): the Council's opinion. The pertinent law shall determine its functions and powers.
p.(None):
p.(None): Article 252: The Council of State shall be presided over by the Executive Vice President*, and shall be
p.(None): also integrated by five members designated by the President* of the Republic; one representative designated by the
p.(None): National Assembly; one representative designated by the Supreme Tribunal of Justice and One State Governor* designated
p.(None): by all of the States chief executives jointly.
p.(None):
p.(None): Chapter III
p.(None): Judicial Power and Justice System Section One: General Provisions
p.(None):
p.(None): Article 253: The power to administer justice emanates from the citizens* and is exercised in the name of
p.(None): the Republic by Authority of law. The organs comprising the Judicial Power are charged with dealing with
p.(None): all cases and matters within their competence, through such procedures as may be determined by the
p.(None): laws, and with carrying out or causing the execution of their judgments. The justice system consists of the Supreme
p.(None): Tribunal of Justice, such other courts as may be determined by law, the Office of Public Prosecutions,
p.(None): the Public Defender's Office, criminal investigation organs, judicial assistants and officials*, the
p.(None): penitentiary system, alternative means of justice, citizens* participating in the administration of justice in
p.(None): accordance with law and attorneys* at law admitted to practice.
p.(None):
p.(None): Article 254: The Judicial Power is autonomous, and the operating, financial and administrative autonomy of
p.(None): the Supreme Tribunal of Justice is hereby established. To this end, in the national general budget a variable annual
p.(None): amount at least equivalent to 2% of the ordinary national budget shall be allocated to the justice system in order to
p.(None): enable it to function effectively; such amount shall not be reduced or modified without authorization in advance from
p.(None): the National Assembly. The Judicial Power is not authorized to establish any charges or tariffs, nor to demand any
p.(None): payment for its services.
p.(None):
p.(None): Article 255: Appointment to a judicial position and the promotion of judges shall be carried out by means
p.(None): of public competitions to ensure the capability and excellence of the participants, with selection by the juries of the
p.(None): judicial circuits, in such manner and on such terms as may be established by law. The appointment and
p.(None): swearing in of judges shall be the responsibility of the Supreme Tribunal of Justice. Citizen participation in the
p.(None): process of selecting and designating judges* shall be guaranteed by law. Judges* shall be removed or suspended from
p.(None): office only through the procedures expressly provided for by law. Measures shall be taken by law to promote the
p.(None): professionalism of judges*, and the universities shall cooperate to this end, organizing their corresponding
p.(None): law schools curricula to specialized studies in judicial practice. Judges are personally liable, on such terms as
p.(None): may be determined by law, for unjustified omissions, delay or errors, for substantial failure to observe
p.(None): the rules of procedure, for denial of justice, for partiality and for the criminal offenses of bribery and
p.(None): prevarication in office.
p.(None):
p.(None): Article 256: In order to guarantee impartiality and independence in the exercise of their official functions,
p.(None): magistrates*, judges*, prosecutors* in the Office of Public Prosecutions and public defenders, from
p.(None): the date of their appointment until they leave office, shall not be permitted, otherwise than by exercising
p.(None): their right to vote, to engage in partisan political, professional association, trade union or similar
p.(None): activism; nor to engage in private activities for profit which are incompatible with their official functions, either
p.(None): directly or through any interposed person; nor to perform any other public functions, with the exception of
p.(None): educational activities. Judges* shall not be permitted to form associations among themselves
p.(None):
p.(None): Article 257: Procedure represents a fundamental instrument for the administration of justice. Procedural laws
p.(None): shall provide for the simplification, uniformity and efficiency of legal formalities, and shall adopt expeditious, oral
p.(None): and public procedures. Justice shall not be sacrificed because of the omission of nonessential formalities.
p.(None):
p.(None): Article 258: Justice of peace in communities shall be organized by law. Justices* of peace shall be
p.(None): elected by universal suffrage, directly and by secret ballot, in accordance with law. The law shall encourage
p.(None): arbitration, conciliation, mediation and any other alternative means for resolving conflicts.
p.(None):
p.(None): Article 259: Competence over contentious administrative law proceedings shall be vested in the Supreme
p.(None): Tribunal of Justice and such other courts as may be determined by law. Organs with jurisdiction in the field of
p.(None): contentious administrative law are competent to nullify general or individual administrative acts contrary to
p.(None): law, including cases of power deviation; to order the payment of sums of money and reparations for damages for whose
p.(None): causation the Administration is responsible; to deal with claims arising from the providing of public services; and
p.(None): to rule as necessary to restore the legal position of parties harmed by administrative actions.
p.(None):
p.(None): Article 260: The legitimate authorities of the native peoples shall have the power to apply within their
p.(None): territorial competence levels of administration of justice based on their ancestral traditions and affecting their
p.(None): members only, in accordance to their own rules and proceedings, provided the same are not contrary to this
p.(None): Constitution, law and public order. The manner in which this special competence shall be coordinated with
p.(None): the national judicial system shall be determined by law.
p.(None):
p.(None): Article 261: Military criminal jurisdiction is an integral part of the Judicial Power, and its judges* shall be
p.(None): selected by a competitive process. Its sphere of competence, organization and modes of operation shall be
p.(None): governed by the accusatory system and in accordance with the Organic Code of Military Justice. The commission
p.(None): of common crimes, human rights violations and violations of humanity rights shall be judged by the courts of the
p.(None): ordinary jurisdiction. Military courts jurisdiction is limited to offenses of a military nature. Insofar as not
p.(None): provided for in this Constitution, special jurisdiction and the competence, organization and functioning of the courts
p.(None): shall be regulated by law.
p.(None): Section Two: Supreme Tribunal of Justice
p.(None):
p.(None): Article 262: The Supreme Tribunal of Justice shall sit in plenary session and in Constitutional,
p.(None): Political/Administrative, Electoral, Civil Appeal, Criminal Appeal, and Social Appeal Divisions, whose
p.(None): composition and competence shall be determined by the pertinent organic act. The Social Division shall encompass
p.(None): matters relating to appeals involving agrarian matters, labor matters and minors.
p.(None):
p.(None): Article 263: To be a justice* of the Supreme Tribunal of Justice, a person must:
p.(None):
p.(None): (1) Have Venezuelan nationality by birth.
p.(None):
p.(None): (2) Be recognized as an honorable citizen*.
p.(None):
p.(None): (3) Be a jurist of recognized competence; enjoy a good reputation; have a minimum of 15 years experience practicing law
p.(None): and have a post graduate degree in law, or have at least 15 years experience as a university professor of
p.(None): law, having obtained the rank of full professor; or be or have been a superior court judge in the specialty of the
p.(None): division for which he is a candidate, having been a sitting judge for at least 15 years and gained recognized prestige
p.(None): in the performance of his duties.
p.(None):
p.(None): (4) Any other requirements established by law.
p.(None):
p.(None): Article 264: The justices of the Supreme Tribunal of Justice shall be elected for a single term of 12 years. The
p.(None): election procedure shall be determined by law. In all cases, candidates may be proposed to the Judicial
p.(None): Nominations Committee either on their own initiative or by organizations involved in the field of law. After hearing
p.(None): the opinion of the community, the Committee shall carry out a pre selection to be submitted to the Citizen Power,
...
p.(None): such case, exclusive competence shall be vested in the Supreme Tribunal of Justice.
p.(None):
p.(None): Article 283: Matters relating to the organization and functioning of the People Defender's Office
p.(None): at the municipal, state, national, and special levels shall be determined by law. The activities of this Office
p.(None): shall be governed by the principles of gratuitous service, accessibility, dispatch, freedom from
p.(None): formalities, and proceeding on own initiative.
p.(None):
p.(None): Section Three: Office of Public Prosecutions
p.(None):
p.(None): Article 284: The Office of Public Prosecutions shall be under the direction and responsibility of the
p.(None): General Prosecutor* of the Republic, who shall perform his functions directly, with the assistance of such
p.(None): officials* as may be determined by law. To
p.(None):
p.(None): be General Prosecutor* of the Republic, a person must meet the same eligibility requirements that apply
p.(None): to justices of the Supreme Tribunal of Justice. The General Prosecutor of the Republic shall be designated for
p.(None): a seven year term.
p.(None):
p.(None): Article 285: The following are functions of the Office of Public Prosecutions:
p.(None):
p.(None): (1) In judicial proceedings, to guarantee respect for constitutional rights and guarantees, as well as
p.(None): those deriving from international treaties, agreements and conventions signed by the Republic.
p.(None):
p.(None): (2) To guarantee the speedy trail of the judicial process, the right to previous trial and a due process.
p.(None):
p.(None): (3) To order and direct criminal investigation of the perpetration of punishable acts, with a view to
p.(None): establishing that the same were committed, with all circumstances that may be relevant to stating the offense
p.(None): and establishing the responsibility of the perpetrators* and other participants, as well as to secure
p.(None): custody of the objects actively and passively concerned with the perpetration of the offense.
p.(None):
p.(None): (4) To conduct on behalf of the State criminal prosecutions in those cases in which no initiative on the part of a
p.(None): party is required in order to initiate or continue such prosecution, with the exceptions established by law.
p.(None):
p.(None): (5) To file any appropriate actions to hold liable public officials* who have incurred civil, labor,
p.(None): military, criminal, administrative or disciplinary liability the course of their official duties.
p.(None):
p.(None): (6) Any other functions that may be assigned to this office by the Constitution and by law.
p.(None):
p.(None): These attributions do not discredit the exercise of any rights or actions to which private parties or other
p.(None): officials* may be entitled in accordance with this Constitution and the law.
p.(None):
p.(None): Article 286: Matters relating to the organization and functioning of the Office of Public Prosecutions at the
p.(None): municipal, state and national levels shall be determined by law, providing the appropriate measures to ensure
p.(None): the suitability, probity and stable tenure of the attorneys* of the Office of Public Prosecutions. Rules to
p.(None): guarantee the exercise of these functions by career personnel shall also be established by law.
p.(None):
p.(None): Section Four: Office of the General Comptroller of the Republic
p.(None):
p.(None): Article 287: The Office of the General Comptroller of the Republic is the organ that controls, watches
p.(None): and audits revenues, expenses, public and national property and transactions relating to the same. It enjoys
p.(None): operating, administrative and organizational
p.(None):
p.(None): autonomy, and concentrates its activities on functions relating to inspection of the organs and entities under its
p.(None): oversight.
p.(None):
p.(None): Article 288: The Office of the General Comptroller of the Republic shall be under the direction and responsibility of
p.(None): the General Comptroller* of the Republic, who must be Venezuelan*, over 30 years of age and possessed of
...
p.(None): done only following a vote in favor by the Cabinet of Ministers and authorization by the National Assembly, or in its
p.(None): absence, by the Delegated Committee.
p.(None):
p.(None): Article 315: In the annual public expense budgets at all levels of government, the specific objective to
p.(None): which each credit item in the budget is addressed shall be clearly established, as well as the concrete results
p.(None): expected and the public officials responsible for achieving these results. The latter shall be established in
p.(None): quantitative terms, by means of performance indicators, where this is technically possible. The Executive Power shall
p.(None): submit to the National Assembly within six months of the close of the fiscal year the annual accounting
p.(None): and budget implementation balance sheet for such fiscal year.
p.(None):
p.(None): Section Two: Taxation System
p.(None):
p.(None): Article 316: The taxation system shall seek a fair distribution of public burdens in accordance with the
p.(None): taxpayer's ability to pay, taking into account the principle of progressive taxation, as well as
p.(None): protection of the national economy and raising the standard of living of the population, the foundation
p.(None): therefore being an efficient system for the collection of taxes.
p.(None):
p.(None): Article 317: No tax, assessment or contribution of any kind shall be collected unless it is established by law, and no
p.(None): exemptions, abatements or other types of tax incentives shall be granted except as provided for by law. No tax shall
p.(None): have a confiscatory effect. No tax obligations payable in personal services shall be established. Tax evasion
p.(None): may be punished as a criminal offense, without prejudice to other penalties established by law. In case of officials*
p.(None): they shall be punished double. Every tax law shall specify the interval that is to lapse before it goes into effect. In
p.(None): the absence of such provision, the period shall be understood as being 60 calendar days. This provision
p.(None): shall not restrict the extraordinary powers to be granted by the National Executive in the cases provided for
p.(None): by this Constitution. The national tax administration shall enjoy technical, operating and financial autonomy
p.(None): in accordance with legislation approved by the National Assembly, and its maximum authority shall be designated
p.(None): by the President* of the Republic, in accordance with the rules laid down in the pertinent law.
p.(None):
p.(None): Section Three: National Monetary System
p.(None):
p.(None): Article 318: The monetary competence of National Authority shall necessarily be exercised exclusively by the
p.(None): Venezuelan Central Bank. The fundamental objective of the Venezuelan Central Bank is to achieve price stability
p.(None): and preserve the internal and foreign exchange value of the monetary unit. The monetary unit of the
p.(None): Bolivarian Republic of Venezuela is the Bolivar. In the event a common currency is instituted within the framework of
p.(None): Latin American and Caribbean integration, it shall be permissible to adopt the currency provided for by
p.(None): a treaty signed by the Republic. The Venezuelan
p.(None):
...
p.(None): integrity of its geographical space, through military defense, cooperation for the purpose of maintaining
p.(None): internal order and active participation in national development, in accordance with this Constitution and the law.
p.(None): In performing their functions, they are at the exclusive service of the Nation, and in no case at the service of any
p.(None): person or political partisanship. The pillars on which they are founded are discipline, obedience and subordination.
p.(None): The National Armed Forces consist of the Army, the Navy, the Air Force and the National Guard, which
p.(None): function in an integrated manner within the scope of their competence to fulfill their mission, with their own
p.(None): overall Social Security system, as established under the pertinent organic law.
p.(None):
p.(None): Article 329: The Army, Navy and Air Force have as their essential responsibility the planning, execution
p.(None): and control of military operations as required to ensure the defense of the Nation. The National Guard shall cooperate
p.(None): in the carrying out of these operations, and shall have as its basic responsibility that of conducting
p.(None): operations as required to maintain internal order within the country. The National Armed Forces shall
p.(None): carry out activities of administrative policing and criminal investigation activities as provided for by law.
p.(None):
p.(None): Article 330: Members* of the National Armed Forces on active duty have the right to vote in accordance with law, but
p.(None): are not permitted to run for any office filled by popular vote, nor to participate in acts of political advertising,
p.(None): militancy or proselytizing.
p.(None):
p.(None): Article 331: Military promotions shall be in accordance with merit, hierarchy and vacancies. They are the
p.(None): exclusive prerogative of the National Armed Forces, and shall be regulated by the pertinent law.
p.(None):
p.(None): Chapter IV
p.(None): Civilian Security Organs
p.(None):
p.(None): Article 332: The National Executive, in accordance with law, to maintain, and restore public order; protect
p.(None): citizens, homes and families; support the decisions of the competent authorities and ensure the peaceful enjoyment
p.(None): of constitutional guarantees and rights, shall organize:
p.(None):
p.(None): (1) A uniformed national police corps.
p.(None):
p.(None): (2) A scientific, criminal and criminological investigation corps.
p.(None):
p.(None): (3) A civilian fire department and emergency management corps.
p.(None):
p.(None): (4) A civil defense and disaster management organization.
p.(None):
p.(None): Organs of civilian security are of civil nature and shall respect human dignity and human rights, without
p.(None): discrimination of any kind. The functions of the civilian security organs constitute a concurrent competence with
p.(None): those of the States and Municipalities, on the terms established in this Constitution and the law.
p.(None):
p.(None): TITLE VIII PROTECTION OF THE CONSTITUTION
p.(None):
p.(None): Chapter 1
p.(None): Guarantee of the Constitution
p.(None):
p.(None): Article 333: This Constitution shall not cease to be in effect if it ceases to be observed due to acts of force or
p.(None): because or repeal in any manner other than as provided for herein. In such eventuality, every citizen*, whether or not
p.(None): vested with official authority, has a duty to assist in bringing it back into actual effect.
p.(None):
p.(None): Article 334: All of the judges* of the Republic, within their respective spheres of competence and in
p.(None): accordance with the provisions of this Constitution and law, are obligated to ensure the integrity of
p.(None): the Constitution. In the event of incompatibility between the Constitution and a law or other juridical
p.(None): provision, the provisions of the Constitution shall prevail, being the responsibility of the courts to rule
p.(None): accordingly in any case, even ex officio. The Constitutional Division of the Supreme Tribunal of Justice, as court of
...
Political / person in detention center
Searching for indicator detained:
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p.(None):
p.(None): Defender*, Ministers* with responsibilities relating to national security, finance, energy and mining or education;
p.(None): Governors* and Mayors* of border States and Municipalities and those contemplated under the Organic Law on the National
p.(None): Armed Forces. In order to hold the position of member* of the National Assembly, Minister* or Governors* and Mayors*
p.(None): of non-border States and Municipalities, naturalized Venezuelans must be domiciled in Venezuela with at
p.(None): least fifteen years of permanent residence, as well as meeting the capability requirements provided for by law.
p.(None):
p.(None): Article 42: Anyone who loses or renounces to nationality loses citizenship. The exercise of citizenship or any
p.(None): political rights can be suspended only by final judicial decision in the cases provided by law.
p.(None):
p.(None): Article 43: The right to life is inviolable. No law shall provide for the death penalty and no authority shall apply
p.(None): the same. The State shall protect the life of persons who are deprived of liberty, serving in the armed
p.(None): forces or civilian services, or otherwise subject to its authority.
p.(None):
p.(None): Article 44: Personal liberty is inviolable, therefore:
p.(None):
p.(None): (1) No person shall be arrested or detained except by virtue of a court order, unless such person is
p.(None): caught in fraganti. In the latter case, such person must be brought before a judge within forty-eight hours of
p.(None): his or her arrest. He or she shall remain* free during trial, except for reasons determined by law and
p.(None): assessed by the judge on a case-by case basis.
p.(None):
p.(None): (2) The bail as required by law for the release of a detainee shall not be subject to tax of any kind.
p.(None):
p.(None): (3) Any person under arrest has the right to communicate immediately with members of his or her family,
p.(None): an attorney* or any other person in whom he or she reposes trust, and such persons in turn have the right to be
p.(None): informed where the detainee is being held, to be notified immediately of the reasons for the arrest and to have a
p.(None): written record inserted into the case file concerning the physical or mental condition of the detainee, either by
p.(None): himself or herself, or with the aid of specialists. The competent authorities shall keep a public record of every
p.(None): arrest made, including the identity of the person arrested, the place, time, circumstances and the officers
p.(None): who made the arrest.
p.(None):
p.(None): (4) In the case of the arrest of foreign nationals, (male or female), applicable provisions of
...
p.(None): exception or restriction or guarantees, are prohibited from effecting, permitting or tolerating the forced
p.(None): disappearance of persons. An officer* receiving an order or instruction to carry it out, has the
p.(None): obligation not to obey, and to report the order or instruction to the competent authorities. The intellectual and
p.(None): physical perpetrators* accomplices and concealers* of the crimes of forced disappearance of a person, as
p.(None): well as any attempt to commit such offense, shall be punished in accordance with law.
p.(None):
p.(None): Article 46: Everyone is entitled to respect for his or her physical, mental and moral integrity,
p.(None): therefore:
p.(None):
p.(None): (1) No person shall be subjected to penalties, tortures, cruelty, inhuman or degrading treatment. Every victim
p.(None): of torture or cruel, inhumane or degrading treatment effected or tolerated by agents of the State
p.(None): has the right to rehabilitation.
p.(None):
p.(None): (2) Any person deprived of liberty shall be treated with respect due to the inherent dignity of the human being.
p.(None):
p.(None): (3) No person shall be subjected without his or her freely given consent to scientific experiments or medical or
p.(None): laboratory examinations, except when such person's life is in danger, or in any other circumstances as may
p.(None): be detained by law.
p.(None):
p.(None): (4) Any public official who, by reason of his official position, inflicts mistreatment or physical or mental
p.(None): suffering on any person or instigates or tolerates such treatment, shall be punished* in accordance with law.
p.(None):
p.(None): Article 47: A person's home and any private premise are inviolable. They may not be forcibly entered except
p.(None): by court order, to prevent the commission of a crime or carry out the decisions handed down by the
p.(None): courts in accordance with law, respecting human dignity in all cases. Any health inspections carried out in accordance
p.(None): with law shall be performed only after notice from the officials* ordering or carrying it out.
p.(None):
p.(None): Article 48: The secrecy and inviolability of private communications in all forms are guaranteed. The same
p.(None): may not be interfered with except by order of a competent court,
p.(None):
p.(None): with observance of applicable provisions of law and preserving the secrecy of the private issues unrelated to the
p.(None): pertinent proceedings.
p.(None):
p.(None): Article 49: All judicial and administrative actions shall be subject to due process, therefore:
p.(None):
p.(None): (1) Legal assistance and defense are inviolable rights at all stages and levels during the investigation and
p.(None): proceeding. Every person has the right to be notified of the charges for which he or she is being investigated, to have
p.(None): access to the evidence and to be afforded the necessary time and means to conduct his or her defense. Any
p.(None): evidence obtained in violation of due process shall be null and void. Any person declared guilty shall have the right
p.(None): to appeal, except in the cases established by this Constitution and by the law.
p.(None):
p.(None): (2) Any person shall be presumed innocent until proven otherwise.
p.(None):
p.(None): (3) Every person has the right to be heard in proceedings of any kind, with all due guarantees and within such
p.(None): reasonable time limit as may be legally detained, by a competent, independent and impartial court established in
p.(None): advance. Anyone who does not speak Spanish or is unable to communicate verbally is entitled to an
p.(None): interpreter.
p.(None):
p.(None): (4) Every person has the right to be judged by his or her natural judges of ordinary or special competence, with
p.(None): the guarantees established in this Constitution and by law. No person shall be put on trial without knowing the
p.(None): identity of the party judging him or her, nor be adjudged by exceptional courts or commissions
p.(None): created for such purpose.
p.(None):
p.(None): (5) No person shall be required to confess guilt or testify against himself or herself or his or her spouse or partner,
p.(None): or any other relative within the fourth degree of consanguinity or the second degree of affinity. A
p.(None): confession shall be valid only if given without coercion of any kind.
p.(None):
p.(None): (6) No person shall be punished for acts or omissions not defined under preexisting laws as a crime, offense or
p.(None): infraction.
p.(None):
p.(None): (7) No person shall be placed on trial based on the same facts for which such person has been judged previously.
p.(None):
p.(None): (8) Every person shall request from the State the restoration or remediation of a legal situation
p.(None): adversely affected by unwarranted judicial errors, and unjustified delay or omissions. The foregoing is
p.(None): without prejudice to the right of the individual* to seek to hold the magistrate* or judge* personally liable, and
p.(None): that of the State to take action against the same.
p.(None):
...
Political / person under arrest
Searching for indicator arrest:
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p.(None): Armed Forces. In order to hold the position of member* of the National Assembly, Minister* or Governors* and Mayors*
p.(None): of non-border States and Municipalities, naturalized Venezuelans must be domiciled in Venezuela with at
p.(None): least fifteen years of permanent residence, as well as meeting the capability requirements provided for by law.
p.(None):
p.(None): Article 42: Anyone who loses or renounces to nationality loses citizenship. The exercise of citizenship or any
p.(None): political rights can be suspended only by final judicial decision in the cases provided by law.
p.(None):
p.(None): Article 43: The right to life is inviolable. No law shall provide for the death penalty and no authority shall apply
p.(None): the same. The State shall protect the life of persons who are deprived of liberty, serving in the armed
p.(None): forces or civilian services, or otherwise subject to its authority.
p.(None):
p.(None): Article 44: Personal liberty is inviolable, therefore:
p.(None):
p.(None): (1) No person shall be arrested or detained except by virtue of a court order, unless such person is
p.(None): caught in fraganti. In the latter case, such person must be brought before a judge within forty-eight hours of
p.(None): his or her arrest. He or she shall remain* free during trial, except for reasons determined by law and
p.(None): assessed by the judge on a case-by case basis.
p.(None):
p.(None): (2) The bail as required by law for the release of a detainee shall not be subject to tax of any kind.
p.(None):
p.(None): (3) Any person under arrest has the right to communicate immediately with members of his or her family,
p.(None): an attorney* or any other person in whom he or she reposes trust, and such persons in turn have the right to be
p.(None): informed where the detainee is being held, to be notified immediately of the reasons for the arrest and to have a
p.(None): written record inserted into the case file concerning the physical or mental condition of the detainee, either by
p.(None): himself or herself, or with the aid of specialists. The competent authorities shall keep a public record of every
p.(None): arrest made, including the identity of the person arrested, the place, time, circumstances and the officers
p.(None): who made the arrest.
p.(None):
p.(None): (4) In the case of the arrest of foreign nationals, (male or female), applicable provisions of
p.(None): international treaties concerning consular notification shall also be observed.
p.(None):
p.(None): (5) The penalty shall not extend beyond the person of the convicted individual. No one shall be sentenced to
p.(None): perpetual or humiliating penalties. Penalties consisting of deprivation of liberty shall not exceed 30 years.
p.(None):
p.(None): (6) Any authority taking measures involving the deprivation of liberty must identify himself or herself.
p.(None):
p.(None): (7) No person shall remain under arrest after a release order has been issued by the competent
p.(None): authority or such person's sentence has been served.
p.(None):
p.(None): Article 45: The public authorities, whether military, civilian or of any other kind, even during a state of emergency,
p.(None): exception or restriction or guarantees, are prohibited from effecting, permitting or tolerating the forced
p.(None): disappearance of persons. An officer* receiving an order or instruction to carry it out, has the
p.(None): obligation not to obey, and to report the order or instruction to the competent authorities. The intellectual and
p.(None): physical perpetrators* accomplices and concealers* of the crimes of forced disappearance of a person, as
p.(None): well as any attempt to commit such offense, shall be punished in accordance with law.
p.(None):
p.(None): Article 46: Everyone is entitled to respect for his or her physical, mental and moral integrity,
p.(None): therefore:
p.(None):
p.(None): (1) No person shall be subjected to penalties, tortures, cruelty, inhuman or degrading treatment. Every victim
p.(None): of torture or cruel, inhumane or degrading treatment effected or tolerated by agents of the State
p.(None): has the right to rehabilitation.
p.(None):
p.(None): (2) Any person deprived of liberty shall be treated with respect due to the inherent dignity of the human being.
p.(None):
...
p.(None):
p.(None): Section Three: Deputies* of the National Assembly
p.(None):
p.(None): Article 197: Deputies* of the National Assembly, are obligated to work on a full-time basis for the benefit of the
p.(None): people's interest, and to stay in constant contact with their constituents*, heeding these opinions and
p.(None): suggestions and keeping them informed about its individual and Assembly Management. They shall render in an annual
p.(None): accounting of its management to the constituents* in the jurisdiction from which they were elected, and shall be
p.(None): subject to recall by referendum as provided for under this Constitution and the applicable law.
p.(None):
p.(None): Article 198: A Deputy* of the National Assembly who is recalled shall not be eligible for any public elective office
p.(None): during the following term of office.
p.(None):
p.(None): Article 199: Deputies* of the National Assembly are not liable for votes and opinions expressed in the performance
p.(None): of their official functions. They shall be answerable to voters* and to the legislative entity only as
p.(None): provided for under the Constitution and Regulations.
p.(None):
p.(None): Article 200: Deputies* of the National Assembly shall enjoy immunity in the exercise of their functions from the time
p.(None): of their installation until the end of their term or resignation. Only the Supreme Tribunal of Justice shall
p.(None): have competence over any crimes may be charged as committed by members of the National Assembly, and
p.(None): only the Supreme Tribunal of Justice, subject to authorization in advance from the National Assembly, shall have the
p.(None): power to order their arrest and prosecution. In the case of a flagrant offense committed by a
p.(None): legislator*, the competent authority shall place such legislator* under house arrest and immediately notify
p.(None): the Supreme Tribunal of Justice of such event. Public officials* who violate the immunity of members of the
p.(None): National Assembly shall incur criminal liability and shall be punished in accordance with law.
p.(None):
p.(None): Article 201: Deputies* are representatives of the people and of the States taken together, they are not subject to
p.(None): mandates or instructions, but only to their own consciences. Their vote in the National Assembly is personal.
p.(None):
p.(None): Section Four: Passage of Laws
p.(None):
p.(None): Article 202: The law is an act enacted by the National Assembly in legislative session. Laws that contain a
p.(None): systematic set of norms regulating a particular field may also be referred to as codes.
p.(None):
p.(None): Article 203: Organic Laws are those designated as such by this Constitution, those enacted to organize
p.(None): public powers or developing constitutional rights, and those which serve as a normative framework for other laws. Any
p.(None): bill for the enactment of an organic law, except in the case of those defined as such in the Constitution itself, must
p.(None): first be accepted by the National Assembly, by a two thirds vote of the members* present, before the beginning of
p.(None): debate on the bill. This qualifying vote shall also apply to the process of amending organic acts. Laws defined by the
p.(None): National Assembly as organic acts shall be sent, prior to promulgation, to the Constitutional Division of the
p.(None): Supreme Tribunal of Justice for a ruling on the constitutionality of their organic status. The
...
p.(None): violations of the rights of consumers and users, in accordance with law.
p.(None):
p.(None): (7) To submit to legislative organs at the municipal, state or national levels, bills or other
p.(None): initiatives for the progressive protection of human rights.
p.(None):
p.(None): (8) To protect the rights of native peoples and take such action as may be necessary to guarantee and protect such
p.(None): rights effectively.
p.(None):
p.(None): (9) To visit and inspect the dependencies and establishments of State agencies, to prevent or protect human
p.(None): rights.
p.(None):
p.(None): (10) To place before the appropriate organs recommendations and observations as necessary in the
p.(None): interest of providing optimum protection for human rights, to which end shall develop mechanisms for remaining in
p.(None): constant communication with national and international public and private organs for the protection and defense of
p.(None): human rights.
p.(None):
p.(None): (11) To promote and implement policies for the expansion and effective protection of human rights.
p.(None):
p.(None): (12) Such other functions as may be established by the Constitution and by law.
p.(None):
p.(None): Article 282: The People Defender* shall enjoy immunity in the exercise of his functions, and therefore shall not be
p.(None): subject to pursuit, arrest or prosecution for acts relating to the performance of his official functions. In any
p.(None): such case, exclusive competence shall be vested in the Supreme Tribunal of Justice.
p.(None):
p.(None): Article 283: Matters relating to the organization and functioning of the People Defender's Office
p.(None): at the municipal, state, national, and special levels shall be determined by law. The activities of this Office
p.(None): shall be governed by the principles of gratuitous service, accessibility, dispatch, freedom from
p.(None): formalities, and proceeding on own initiative.
p.(None):
p.(None): Section Three: Office of Public Prosecutions
p.(None):
p.(None): Article 284: The Office of Public Prosecutions shall be under the direction and responsibility of the
p.(None): General Prosecutor* of the Republic, who shall perform his functions directly, with the assistance of such
p.(None): officials* as may be determined by law. To
p.(None):
p.(None): be General Prosecutor* of the Republic, a person must meet the same eligibility requirements that apply
p.(None): to justices of the Supreme Tribunal of Justice. The General Prosecutor of the Republic shall be designated for
p.(None): a seven year term.
p.(None):
p.(None): Article 285: The following are functions of the Office of Public Prosecutions:
p.(None):
p.(None): (1) In judicial proceedings, to guarantee respect for constitutional rights and guarantees, as well as
p.(None): those deriving from international treaties, agreements and conventions signed by the Republic.
p.(None):
p.(None): (2) To guarantee the speedy trail of the judicial process, the right to previous trial and a due process.
p.(None):
...
Searching for indicator arrested:
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p.(None):
p.(None): Defender*, Ministers* with responsibilities relating to national security, finance, energy and mining or education;
p.(None): Governors* and Mayors* of border States and Municipalities and those contemplated under the Organic Law on the National
p.(None): Armed Forces. In order to hold the position of member* of the National Assembly, Minister* or Governors* and Mayors*
p.(None): of non-border States and Municipalities, naturalized Venezuelans must be domiciled in Venezuela with at
p.(None): least fifteen years of permanent residence, as well as meeting the capability requirements provided for by law.
p.(None):
p.(None): Article 42: Anyone who loses or renounces to nationality loses citizenship. The exercise of citizenship or any
p.(None): political rights can be suspended only by final judicial decision in the cases provided by law.
p.(None):
p.(None): Article 43: The right to life is inviolable. No law shall provide for the death penalty and no authority shall apply
p.(None): the same. The State shall protect the life of persons who are deprived of liberty, serving in the armed
p.(None): forces or civilian services, or otherwise subject to its authority.
p.(None):
p.(None): Article 44: Personal liberty is inviolable, therefore:
p.(None):
p.(None): (1) No person shall be arrested or detained except by virtue of a court order, unless such person is
p.(None): caught in fraganti. In the latter case, such person must be brought before a judge within forty-eight hours of
p.(None): his or her arrest. He or she shall remain* free during trial, except for reasons determined by law and
p.(None): assessed by the judge on a case-by case basis.
p.(None):
p.(None): (2) The bail as required by law for the release of a detainee shall not be subject to tax of any kind.
p.(None):
p.(None): (3) Any person under arrest has the right to communicate immediately with members of his or her family,
p.(None): an attorney* or any other person in whom he or she reposes trust, and such persons in turn have the right to be
p.(None): informed where the detainee is being held, to be notified immediately of the reasons for the arrest and to have a
p.(None): written record inserted into the case file concerning the physical or mental condition of the detainee, either by
p.(None): himself or herself, or with the aid of specialists. The competent authorities shall keep a public record of every
p.(None): arrest made, including the identity of the person arrested, the place, time, circumstances and the officers
p.(None): who made the arrest.
p.(None):
p.(None): (4) In the case of the arrest of foreign nationals, (male or female), applicable provisions of
p.(None): international treaties concerning consular notification shall also be observed.
p.(None):
p.(None): (5) The penalty shall not extend beyond the person of the convicted individual. No one shall be sentenced to
p.(None): perpetual or humiliating penalties. Penalties consisting of deprivation of liberty shall not exceed 30 years.
p.(None):
p.(None): (6) Any authority taking measures involving the deprivation of liberty must identify himself or herself.
p.(None):
p.(None): (7) No person shall remain under arrest after a release order has been issued by the competent
p.(None): authority or such person's sentence has been served.
p.(None):
p.(None): Article 45: The public authorities, whether military, civilian or of any other kind, even during a state of emergency,
p.(None): exception or restriction or guarantees, are prohibited from effecting, permitting or tolerating the forced
...
Political / political affiliation
Searching for indicator party:
(return to top)
p.(None):
p.(None): with observance of applicable provisions of law and preserving the secrecy of the private issues unrelated to the
p.(None): pertinent proceedings.
p.(None):
p.(None): Article 49: All judicial and administrative actions shall be subject to due process, therefore:
p.(None):
p.(None): (1) Legal assistance and defense are inviolable rights at all stages and levels during the investigation and
p.(None): proceeding. Every person has the right to be notified of the charges for which he or she is being investigated, to have
p.(None): access to the evidence and to be afforded the necessary time and means to conduct his or her defense. Any
p.(None): evidence obtained in violation of due process shall be null and void. Any person declared guilty shall have the right
p.(None): to appeal, except in the cases established by this Constitution and by the law.
p.(None):
p.(None): (2) Any person shall be presumed innocent until proven otherwise.
p.(None):
p.(None): (3) Every person has the right to be heard in proceedings of any kind, with all due guarantees and within such
p.(None): reasonable time limit as may be legally detained, by a competent, independent and impartial court established in
p.(None): advance. Anyone who does not speak Spanish or is unable to communicate verbally is entitled to an
p.(None): interpreter.
p.(None):
p.(None): (4) Every person has the right to be judged by his or her natural judges of ordinary or special competence, with
p.(None): the guarantees established in this Constitution and by law. No person shall be put on trial without knowing the
p.(None): identity of the party judging him or her, nor be adjudged by exceptional courts or commissions
p.(None): created for such purpose.
p.(None):
p.(None): (5) No person shall be required to confess guilt or testify against himself or herself or his or her spouse or partner,
p.(None): or any other relative within the fourth degree of consanguinity or the second degree of affinity. A
p.(None): confession shall be valid only if given without coercion of any kind.
p.(None):
p.(None): (6) No person shall be punished for acts or omissions not defined under preexisting laws as a crime, offense or
p.(None): infraction.
p.(None):
p.(None): (7) No person shall be placed on trial based on the same facts for which such person has been judged previously.
p.(None):
p.(None): (8) Every person shall request from the State the restoration or remediation of a legal situation
p.(None): adversely affected by unwarranted judicial errors, and unjustified delay or omissions. The foregoing is
p.(None): without prejudice to the right of the individual* to seek to hold the magistrate* or judge* personally liable, and
p.(None): that of the State to take action against the same.
p.(None):
p.(None): Article 50: Everyone shall freely transit by any means throughout the national territory, to change his or her domicile
p.(None): and residence, to leave and return to the Republic, to move his or her goods or belongings within the country and to
p.(None): bring his or her goods into or remove them from the country, subject only to such limitations as may be prescribes by
p.(None): law. In cases involving the granting of a concession, the law shall provide for the circumstances in
...
p.(None): (3) Be a jurist of recognized competence; enjoy a good reputation; have a minimum of 15 years experience practicing law
p.(None): and have a post graduate degree in law, or have at least 15 years experience as a university professor of
p.(None): law, having obtained the rank of full professor; or be or have been a superior court judge in the specialty of the
p.(None): division for which he is a candidate, having been a sitting judge for at least 15 years and gained recognized prestige
p.(None): in the performance of his duties.
p.(None):
p.(None): (4) Any other requirements established by law.
p.(None):
p.(None): Article 264: The justices of the Supreme Tribunal of Justice shall be elected for a single term of 12 years. The
p.(None): election procedure shall be determined by law. In all cases, candidates may be proposed to the Judicial
p.(None): Nominations Committee either on their own initiative or by organizations involved in the field of law. After hearing
p.(None): the opinion of the community, the Committee shall carry out a pre selection to be submitted to the Citizen Power,
p.(None): which shall carry out a second pre selection to be submitted to the National Assembly, which shall carry
p.(None): out the final selection. Citizens* may file objections to any of the candidates*, for cause, with the Judicial
p.(None): Nominations Committee or the National Assembly.
p.(None):
p.(None): Article 265: Justices* of the Supreme Tribunal of Justice may be removed by the National Assembly by a
p.(None): qualified two-thirds majority of the members, after granting the interested party a hearing; in cases involving serious
p.(None): misconduct already characterized as such by the Citizen Power, on such terms as may be established by law.
p.(None):
p.(None): Article 266: The following are powers of the Supreme Tribunal of Justice:
p.(None):
p.(None): (1) To exercise constitutional jurisdiction in accordance with title VIII of this Constitution.
p.(None):
p.(None): (2) To rule as to whether or not there are grounds for impeaching the President* of the Republic or
p.(None): whomever may be acting in that capacity, and if so, to retain competence of the proceedings, subject to the approval of
p.(None): the National Assembly, until the final judgment.
p.(None):
p.(None): (3) To rule as to whether or not there are grounds for impeaching the Vice President* of the Republic; members* of
p.(None): the National Assembly or the Supreme Tribunal of Justice itself, Ministers*; the General Attorney*;
p.(None): General Prosecutor*; General Comptroller* of the Republic; the People Defender*; Governors*; general
p.(None): officers* and naval admirals of the National Armed Forces; or the heads of Venezuelan diplomatic missions; and, if
p.(None): so, to refer the record to the General Prosecutor of the Republic or whomever is acting in his capacity, where
p.(None): appropriate, and if the offense
p.(None):
p.(None): charged is a common crime, the Supreme Tribunal of Justice shall retain competence of the matter until a final judgment
p.(None): is handed down.
p.(None):
p.(None): (4) To resolve any administrative controversies that may arise between the Republic, any State, Municipality or
p.(None): other public entity, when the other party is also one of these same organs, except in the case of a controversy
p.(None): between Municipalities belonging to the same State, in which case competence may be vested by law in
p.(None): another court.
p.(None):
p.(None): (5) To declare null and void, in whole or in part, regulations and other general or individual
p.(None): administrative actions of the National Executive Branch, where appropriate.
p.(None):
p.(None): (6) To take competence of motions for declaratory judgment on the content and application of legal texts, on
p.(None): the terms contemplated by law.
p.(None):
p.(None): (7) To decide competence conflicts between courts, whether ordinary or special, when there is no higher or
p.(None): common court shared by both in the hierarchical order.
p.(None):
p.(None): (8) To take jurisdiction of appeals for violations of law.
p.(None):
p.(None): (9) Such others as may be vested in it by law.
p.(None):
p.(None): The powers indicated under (1) shall be exercised by the Constitutional Division; those indicated under (2 ) and (3),
p.(None): in Plenary Session; and those indicated under (4) and (5), by the Political/Administrative Division. The remaining
p.(None): powers shall be exercised by the various divisions as provided for under this Constitution and by law.
p.(None):
p.(None): Section Three: Governance and Administration of the Judicial Power
p.(None):
p.(None): Article 267: The Supreme Tribunal of Justice is charged with the direction, governance and administration of the
p.(None): Judicial Power and inspection and vigilance of the courts of the Republic and the public defenders' offices. The
...
p.(None): General Prosecutor* of the Republic, who shall perform his functions directly, with the assistance of such
p.(None): officials* as may be determined by law. To
p.(None):
p.(None): be General Prosecutor* of the Republic, a person must meet the same eligibility requirements that apply
p.(None): to justices of the Supreme Tribunal of Justice. The General Prosecutor of the Republic shall be designated for
p.(None): a seven year term.
p.(None):
p.(None): Article 285: The following are functions of the Office of Public Prosecutions:
p.(None):
p.(None): (1) In judicial proceedings, to guarantee respect for constitutional rights and guarantees, as well as
p.(None): those deriving from international treaties, agreements and conventions signed by the Republic.
p.(None):
p.(None): (2) To guarantee the speedy trail of the judicial process, the right to previous trial and a due process.
p.(None):
p.(None): (3) To order and direct criminal investigation of the perpetration of punishable acts, with a view to
p.(None): establishing that the same were committed, with all circumstances that may be relevant to stating the offense
p.(None): and establishing the responsibility of the perpetrators* and other participants, as well as to secure
p.(None): custody of the objects actively and passively concerned with the perpetration of the offense.
p.(None):
p.(None): (4) To conduct on behalf of the State criminal prosecutions in those cases in which no initiative on the part of a
p.(None): party is required in order to initiate or continue such prosecution, with the exceptions established by law.
p.(None):
p.(None): (5) To file any appropriate actions to hold liable public officials* who have incurred civil, labor,
p.(None): military, criminal, administrative or disciplinary liability the course of their official duties.
p.(None):
p.(None): (6) Any other functions that may be assigned to this office by the Constitution and by law.
p.(None):
p.(None): These attributions do not discredit the exercise of any rights or actions to which private parties or other
p.(None): officials* may be entitled in accordance with this Constitution and the law.
p.(None):
p.(None): Article 286: Matters relating to the organization and functioning of the Office of Public Prosecutions at the
p.(None): municipal, state and national levels shall be determined by law, providing the appropriate measures to ensure
p.(None): the suitability, probity and stable tenure of the attorneys* of the Office of Public Prosecutions. Rules to
p.(None): guarantee the exercise of these functions by career personnel shall also be established by law.
p.(None):
p.(None): Section Four: Office of the General Comptroller of the Republic
p.(None):
p.(None): Article 287: The Office of the General Comptroller of the Republic is the organ that controls, watches
p.(None): and audits revenues, expenses, public and national property and transactions relating to the same. It enjoys
p.(None): operating, administrative and organizational
p.(None):
...
p.(None): guarantees or encroaches upon human rights.
p.(None):
p.(None): SOLE DEROGATION PROVISION
p.(None):
p.(None): The Constitution of the Republic of Venezuela decreed on January 23, 1961 is hereby derogated. The rest of
p.(None): the juridical order shall remain in effect to the extent not in conflict with this Constitution.
p.(None):
p.(None): TEMPORARY PROVISIONS
p.(None):
p.(None): First: The special law on the regime for the Capital District as provided for under article 18 of this Constitution
p.(None): shall be approved by the National Constituent Assembly, and shall preserve the territorial integrity of the State of
p.(None): Miranda. Pending approval of the special law, the regime provided for under the Organic Law on the Federal
p.(None): District and the Organic Law on the Municipal Regime shall remain in effect.
p.(None):
p.(None): Second: Pending enactment of the law provided for under article 38 of this Constitution concerning the acquisition,
p.(None): election, renunciation and recovery of nationality, foreign individuals who, having entered and remained
p.(None): within the national territory legally and declared their intention of establishing their domicile in Venezuela,
p.(None): have a lawful means of earning a living and have resided continuously in Venezuela for two years, shall be regarded
p.(None): as domiciled in Venezuela. Residence shall be understood as meaning continuing presence in the
p.(None): country with the intention of remaining. Declarations of intent as provided for under articles 32, 33 and 36 of this
p.(None): Constitution shall be made in the form of an authentic instrument by the interested party, when the latter is of legal
p.(None): age, or by his legal representative , if he has not yet reached the age of 21.
p.(None):
p.(None): Third: The National Assembly, within six months of its installation, shall pass:
p.(None):
p.(None): (1) A partial reform of the Penal Code to include the offense of forced disappearance of persons, as
p.(None): provided for under article 45 of this Constitution.
p.(None):
p.(None): (1) Pending enactment of this reform, the Inter-American Convention on the Forced Disappearance of Persons shall apply
p.(None): insofar as possible.
p.(None):
p.(None): (2) An organic law on states of exception.
p.(None):
p.(None): (3) A special law to establish the conditions and characteristics of a special regime for the Municipalities of Jose
p.(None): Antonio Paez and Romulo Gallegos,
p.(None):
p.(None): in the State of Apure. In the process of formulating this law, the opinions of the President* of the Republic,
p.(None): the National Armed Forces, such representation as may be designated by the corresponding State and all
p.(None): other institutions involved in border problems shall be heard.
p.(None):
p.(None): Fourth: Within one year of installation, the National Assembly shall approve:
p.(None):
p.(None): (1) Legislation on penalties for torture, either in the form of a special law or by reforming the Penal Code.
p.(None):
p.(None): (2) An organic law on refugees* and asylum guarantees, consistent with the terms of this Constitution and the
p.(None): pertinent international treaties ratified by Venezuela.
p.(None):
...
Searching for indicator political:
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p.(None): indivisible guarantee of human rights, the democratization of imitational society, nuclear disarmament, ecological
p.(None): balance and environmental resources as the common and inalienable heritage of humanity; exercising their
p.(None): innate power through their representatives comprising the National Constituent Assembly, by their freely cast
p.(None): vote and in a democratic Referendum, hereby ordain the following:
p.(None):
p.(None): CONSTITUTION TITLE 1
p.(None): FUNDAMENTAL PRINCIPLES
p.(None):
p.(None): Article 1: The Bolivarian Republic of Venezuela is irrevocably free and independent, basing its moral
p.(None): property and values of freedom, equality, justice and international peace on the doctrine of Simon Bolivar, the
p.(None): Liberator. Independence, liberty, sovereignty, immunity, territorial integrity and national self-determination are
p.(None): unrenounceable rights of the Nation.
p.(None):
p.(None): Article 2: Venezuela constitutes itself as a Democratic and Social State of Law and Justice, which holds
p.(None): as superior values of its legal order and actions those of life, liberty, justice, equality, solidarity,
p.(None): democracy, social responsibility and, in general, the preeminence of human rights, ethics and political
p.(None): pluralism.
p.(None):
p.(None): Article 3: The essential purposes of the State are the protection and development of the individual and respect for the
p.(None): dignity of the individual, the democratic exercise of the will of the people, the building of a just and peace
p.(None): loving society, the furtherance of the prosperity and welfare of the people and the guaranteeing of the
p.(None): Fulfillment of the
p.(None):
p.(None): principles, rights and duties established in this Constitution. Education and work are the fundamental processes for
p.(None): guaranteeing these purposes.
p.(None):
p.(None): Article 4: The Bolivarian Republic of Venezuela is a decentralized Federal State on the terms set forth in this
p.(None): Constitution, governed by the principles of territorial integrity, cooperation, solidarity, attendance and
p.(None): shared responsibility.
p.(None):
p.(None): Article 5: Sovereignty resides untransferable in the people, who exercise it directly in the manner provided for in
p.(None): this Constitution and in the law, and indirectly, by suffrage, through the organs exercising Public Power. The
p.(None): organs of the State emanate from and are subject to the sovereignty of the people.
p.(None):
p.(None): Article 6: The government of the Bolivarian Republic of Venezuela and of the political organs comprising the same,
p.(None): is and shall always be democratic, participatory, elective, decentralized, alternative, responsible and
p.(None): pluralist, with revocable mandates.
p.(None):
p.(None): Article 7: The Constitution is the supreme law and foundation of the legal order. All persons and organs
p.(None): exercising Public Power are subject to this Constitution.
p.(None):
p.(None): Article 8: The national flag with its yellow, blue and red stripes, the National Anthem "Gloria al bravo pueblo"
p.(None): (Glory to the Brave People), and the coat of arms of the Republic are the symbols of the native land.
p.(None): Law shall regulate their characteristics, meaning and use.
p.(None):
p.(None): Article 9: Spanish is the official language. The use of native languages also has official status for native peoples,
p.(None): and must be respected throughout the territory of the Republic, as constituting part of the cultural heritage of the
p.(None): Nation and humanity.
p.(None):
p.(None): TITLE II
p.(None):
p.(None): GEOGRAPHICAL SPACES AND POLITICAL DIVISION
p.(None):
p.(None): Chapter I
p.(None):
p.(None): Territory and Other Geographical Spaces
p.(None):
p.(None): Article 10: The territory and other geographical spaces of the Republic are those which belonged to the
p.(None): Captaincy-General of Venezuela before the political transformation begun on April 19, 1810, as amended by
p.(None): virtue of the treaties and arbitration awards which have not been vitiated with nullity.
p.(None):
p.(None): Article 11: The full sovereignty of the Republic is exercised on the continental, and insular spaces, lake
p.(None): and river spaces, territorial sea, historic, vital and inland sea areas, and those lying within such straight baselines
p.(None): as have been adopted or may come to be adopted by the Republic; seabed and under the seabed of the
p.(None): aforementioned; the continental, insular and maritime air space and the resources located within
p.(None): the
p.(None):
p.(None): aforementioned spaces, including genetic resources, migratory species, derived products and any intangible
p.(None): components that may be present within the aforementioned spaces because of natural causes. The insular space of
p.(None): the Republic includes the Archipelago of Los Monjes, Las Aves, Los Roques, La Orchila, La Tortuga, La
p.(None): Blanquilla, Los Hermanos, islands of Margarita, Cubagua and Coche, Los Frailes, La Sola Island, Los
p.(None): Testigos Archipelago, Patos Island and Aves Island, as well as the islands, islets, keys and banks located or coming in
p.(None): the future to emerge from the territorial sea, that covering the continental shelf or that lying within the limits of
p.(None): the exclusive economic zone. As to the water spaces consisting of the contiguous maritime zone, the continental sheaf
p.(None): and the exclusive economic zone, the Republic exercises exclusive rights of sovereignty and jurisdiction on
p.(None): such terms, to such extent and subject to such conditions as may be determined by public international law
...
p.(None): States or other international law subjects shall be permitted to acquire real property only for the quarters of
p.(None): their diplomatic or consular delegations, within such area as may be determined and subject to guarantees
p.(None): of reciprocity, with such limitations as may be established by law. In all such cases, national sovereignty
p.(None): shall remain intact. There shall be no conveyance of title to vacant land existing within the federal dependencies and
p.(None): on islands in rivers and lakes, and the right to use the same shall be granted only in a manner that does not involve,
p.(None): directly or indirectly, the transfer of title to the land.
p.(None):
p.(None): Article 14: The law shall establish a special legal regime for those territories which, by the freely adopted
p.(None): decision of their inhabitants and with the approval of the National Assembly, come to be incorporated into
p.(None): the territory of the Republic.
p.(None):
p.(None): Article 15: The State is responsible for establishing an overall policy in land, insular and maritime border areas,
p.(None): preserving the territorial integrity, sovereignty, security, defense, national identity, diversity and environment
p.(None): in accordance with cultural, economic and social development and integration. Taking into account the
p.(None): inherent nature of each border region through special financial allocations, an Organic Law on Borders
p.(None): shall determine the obligations and objectives comprising this responsibility.
p.(None):
p.(None): Chapter 11
p.(None):
p.(None): Political Division
p.(None):
p.(None): Article 16: For purposes of the political organization of the Republic, the territory of the nation is divided into
p.(None): those of the States, the Capital District, federal dependencies and federal territories. The territory is organized
p.(None): into Municipalities. The political division of the territory shall be regulated by an organic law which shall
p.(None): guarantee municipal autonomy and administrative/political decentralization. Such law may provide for the
p.(None): creation of federal territorial in certain areas within the States, the taking effect of which shall be subject to
p.(None): the holding of a referendum to approve the same in the organ concerned. By special law, a federal territory
p.(None): may be given the status of a State; being allocated part or all of the territorial area concerned.
p.(None):
p.(None): Article 17: Federal dependencies are the maritime islands which are not incorporated into the territory of a
p.(None): State, as well as any island that may form or appear in the territorial sea or that covering the continental
p.(None): sheaf. Their regime and administration shall be provided by law.
p.(None):
p.(None): Article 18: The city of Caracas is the capital of the Republic and the seat of the organs of National Power. The
p.(None): provisions of this article shall not prevent the exercise of National Power elsewhere in the Republic. A special law
p.(None): shall establish the territorial and political unit of the city of Caracas, incorporating into a two-tier system of
p.(None): municipal government the Municipalities of the Capital District and those of the State of Miranda. Such
p.(None): law shall provide for the organization, government, administration, competency as well as resources of the
p.(None): city, with a view to its harmonious overall development. In any case the law shall guarantee the democratic and
p.(None): participative character of its government.
p.(None):
p.(None): TITLE III
p.(None):
p.(None): DUTIES, HUMAN RIGHTS AND GUARANTEES
p.(None):
p.(None): Chapter 1
p.(None):
p.(None): General Provisions
p.(None):
p.(None): Article 19: The State shall guarantee to every individual, in accordance with the progressive principle
p.(None): and without discrimination of any kind, no renounceable, indivisible and interdependent enjoyment and
p.(None): exercise of human rights. Respect for and the guaranteeing of these rights is obligatory for the organs of
p.(None): Public Power, in accordance with the Constitution, the human rights treaties signed and ratified by the
p.(None): Republic and any laws developing the same.
p.(None):
p.(None): Article 20: Everyone has the right to the free development of his or her own personality, subject only to the
p.(None): limitations deriving from the rights of others and public and social order.
p.(None):
p.(None): Article 21: Al persons are equal before the law, and, consequently:
p.(None):
p.(None): 1. No discrimination based on race, sex, creed or social standing shall be permitted, nor, in general, any
p.(None): discrimination with the intent or effect of nullifying or encroaching upon the recognition, enjoyment or exercise, on
...
p.(None): period preceding such declaration.
p.(None):
p.(None): Article 34: The Venezuelan nationality is not lost upon electing or acquiring another nationality.
p.(None):
p.(None): Article 35: Venezuelans* by birth cannot be deprived of their nationality. The Venezuelan
p.(None): nationality by naturalization can be revoked only by a judgment handed down by a court in accordance with
p.(None): law.
p.(None):
p.(None): Article 36: Venezuelan nationality may be renounced. A person who renounces the Venezuelan nationality by
p.(None): birth may regain such nationality if he or she establishes a residence within the territory of the
p.(None): Republic for a period of at least two years, and expresses the intention of regaining the
p.(None): Venezuelan nationality. Naturalized Venezuelans* who renounce the Venezuelan nationality may regain it by again
p.(None): meeting the requirements prescribed under article 33 of this Constitution.
p.(None):
p.(None): Article 37: The State shall promote the celebration of international treaties related to nationality,
p.(None): especially with the bordering countries and those indicated in item 2 of Article 33 of this Constitution.
p.(None):
p.(None): Article 38: The substantive and procedural rules relating to the acquisition, election, renunciation and
p.(None): recovery of the Venezuelan nationality, as well as the revocation and withdrawal of naturalization, shall be
p.(None): determined by law, in compliance with the foregoing provisions.
p.(None):
p.(None): Section Two: Citizenship
p.(None):
p.(None): Article 39: Venezuelans* who are not subject to political disablement or civil interdiction, and
p.(None): meet the age requirements provided for in this Constitution, can exercise citizenship and therefore are entitled to
p.(None): political rights and duties in accordance to this Constitution.
p.(None):
p.(None): Article 40: Political rights are reserved to those who are Venezuelans*, with the exceptions established
p.(None): in this Constitution. Naturalized Venezuelans who have entered the country prior to reaching the age of
p.(None): seven years and have resided permanently in Venezuela until reaching legal age shall enjoy the same rights as
p.(None): Venezuelans by birth.
p.(None):
p.(None): Article 41: Only Venezuelans* by birth who have no other nationality shall be permitted to hold the offices of
p.(None): President* of the Republic, Executive Vice President, Chairman* and Vice-Chairman* of the National Assembly,
p.(None): Justices* of the Supreme Tribunal of Justice, Chairman* of the National Board of Elections, Attorney General of
p.(None): the Republic, Comptroller General* of the Republic, General Prosecutor* of the Republic, People
p.(None):
p.(None): Defender*, Ministers* with responsibilities relating to national security, finance, energy and mining or education;
p.(None): Governors* and Mayors* of border States and Municipalities and those contemplated under the Organic Law on the National
p.(None): Armed Forces. In order to hold the position of member* of the National Assembly, Minister* or Governors* and Mayors*
p.(None): of non-border States and Municipalities, naturalized Venezuelans must be domiciled in Venezuela with at
p.(None): least fifteen years of permanent residence, as well as meeting the capability requirements provided for by law.
p.(None):
p.(None): Article 42: Anyone who loses or renounces to nationality loses citizenship. The exercise of citizenship or any
p.(None): political rights can be suspended only by final judicial decision in the cases provided by law.
p.(None):
p.(None): Article 43: The right to life is inviolable. No law shall provide for the death penalty and no authority shall apply
p.(None): the same. The State shall protect the life of persons who are deprived of liberty, serving in the armed
p.(None): forces or civilian services, or otherwise subject to its authority.
p.(None):
p.(None): Article 44: Personal liberty is inviolable, therefore:
p.(None):
p.(None): (1) No person shall be arrested or detained except by virtue of a court order, unless such person is
p.(None): caught in fraganti. In the latter case, such person must be brought before a judge within forty-eight hours of
p.(None): his or her arrest. He or she shall remain* free during trial, except for reasons determined by law and
p.(None): assessed by the judge on a case-by case basis.
p.(None):
p.(None): (2) The bail as required by law for the release of a detainee shall not be subject to tax of any kind.
p.(None):
p.(None): (3) Any person under arrest has the right to communicate immediately with members of his or her family,
p.(None): an attorney* or any other person in whom he or she reposes trust, and such persons in turn have the right to be
...
p.(None): religious confessions and churches is likewise guaranteed, subject only to such limitations as may derive from this
p.(None): Constitution and the law. Father and Mother are entitled to have their sons and daughters receive
p.(None): religious education in accordance with their convictions. No one shall invoke religious beliefs or discipline as
p.(None): a means of evading compliance with law or preventing another person* from exercising his or her rights.
p.(None):
p.(None): Article 60: Every person is entitled to protection of his or her honor, private life, intimacy,
p.(None): self-image, confidentiality and reputation. The use of electronic information shall be restricted by law
p.(None): in order to guarantee the personal and family intimacy and honor of citizens* and the full exercise of their
p.(None): rights.
p.(None):
p.(None): Article 61: All persons have the right to freedom of conscience, and to express the same except those practices
p.(None): affecting personality or constituting criminal offense. Objections of conscience may not be invoked in order to
p.(None): evade compliance with law or prevent others from complying with law or exercising their rights.
p.(None):
p.(None): Chapter IV
p.(None): Political Rights and Public Referenda Section One: Political Rights
p.(None):
p.(None): Article 62: All citizens* have the right to participate freely in public affairs, either directly or
p.(None): through their elected* representatives. The participation of the people in forming, carrying out and
p.(None): controlling the management of public affairs is the necessary way of achieving the involvement to ensure their complete
p.(None): development, both individual and collective. It is the obligation of the State and the duty of society to
p.(None): facilitate the generation of optimum conditions for putting this into practice.
p.(None):
p.(None): Article 63: Suffrage is a right. lt. shall be exercised through free, universal, direct and secret elections. The law
p.(None): shall guarantee the principle of personalization of suffrage and proportional representation.
p.(None):
p.(None): Article 64: All Venezuelans* who have reached the age of 18 and are not subject to political
p.(None): disablement or civil interdiction are qualified to vote. In state, municipal and parish elections, the
p.(None): right to vote shall be extended to foreign nationals* who have reached the age of 18 and have resided in
p.(None): Venezuela for more than ten years, subject to the limitations established in this Constitution and by law, and
p.(None): provided they are not subject to political disablement or civil interdiction.
p.(None):
p.(None): Article 65: Persons who have been convicted* of crimes committed while holding office or other offenses against public
p.(None): property, shall be ineligible to run for any office filled by popular vote, for such period as may be prescribed by law
p.(None): after serving their sentences, depending on the seriousness of the offense.
p.(None):
p.(None): Article 66: Voters have the right to obtain from their public representatives, transparent and periodic accounting for
p.(None): their office, in accordance with the offered program.
p.(None):
p.(None): Article 67: All citizens* have the right of association for political purposes, through democratic methods
p.(None): of organization, operation and direction. Their governing organs and candidates* for offices filled by popular vote,
p.(None): shall be selected* by internal elections with participation of their members. No financing of associations for
p.(None): political purposes with State funds shall be permitted. Matters relating to the financing of and
p.(None): private contributions to associations for political purposes shall be regulated by law, as shall the oversight
p.(None): mechanisms to guarantee propriety as to the sources and handling of such funds. Law shall regulate as well,
p.(None): political and election campaigns, the duration thereof and spending limits with a view pursuing its
p.(None): democratization. Citizens*, on their own initiative, and associations for political purposes, shall be
p.(None): entitled to participate in the electoral process, putting forward candidates*. The financing of political
p.(None): advertising and election campaigns shall be regulated by law. The authorities of associations for political purposes
p.(None): shall not enter into contracts with organs in the public sector.
p.(None):
p.(None): Article 68: Citizens* have the right to demonstrate, peacefully and without weapons, subject only to such
p.(None): requirements as may be established by law. The use of firearms and toxic substances to control peaceful demonstrations
p.(None): is prohibited. The activity of police and security corps in maintaining public order shall be regulated by law.
p.(None):
p.(None): Article 69: The Bolivarian Republic of Venezuela recognizes and guarantees the right of asylum and refuge. Extradition
p.(None): of Venezuelans* is prohibited.
p.(None):
p.(None): Article 70: Participation and involvement of people in the exercise of their sovereignty in political affairs can
p.(None): be manifested by: voting to fill public offices, referendum, consultation of public opinion,
p.(None): mandate revocation, legislative, constitutional and constituent initiative, open forums and meetings of
p.(None): citizens* whose decisions shall be binding among others; and in social and economic affairs: citizen
p.(None): service organs, self- management, co-management, cooperatives in all forms, including those of a financial
p.(None): nature, savings funds, community enterprises, and other forms of association guided by the values of mutual cooperation
p.(None): and solidarity. The law shall establish conditions for the effective, functioning of the means of participation
p.(None): provided for under the present article.
p.(None):
p.(None): Section Two: Popular Referendum
p.(None):
p.(None): Article 71: Matters of special national transcendence may be referred to a consultative referendum, on the initiative
p.(None): of the President* of the Republic, taken at a meeting of the Cabinet; by resolution of the National Assembly,
p.(None): passed by a majority vote; or at the request of a number of voters constituting at least 10% of all voters*
p.(None): registered on the national, civil and electoral registry. Matters of special state, municipal and parish
p.(None): transcendence may also be referred to a consultative referendum. The initiative shall be taken by the Parish Board, the
p.(None): Municipal Council and to the Legislative Council, by the vote of two third of its members; by the Mayor* and the
p.(None): Governor* or by a number of voters constituting at least 10% of the total number of voters registered in the pertinent
p.(None): circumscription.
p.(None):
...
p.(None): work. The state recognizes work at home as an economic activity that creates added value and produces social welfare
p.(None): and wealth. Housewives are entitled to Social Security in accordance with law.
p.(None):
p.(None): Article 89: Work is a social fact and shall enjoy the protection of the State. The law shall make the necessary
p.(None): provisions for improving the material, moral and intellectual conditions of workers*. In order to fulfill
p.(None): this duty of the State, the following principles are established:
p.(None):
p.(None): (1) No law shall establish provisions that affect the intactness and progressive nature of labor rights and
p.(None): benefits. In labor relations, reality shall prevail over forms or appearances.
p.(None):
p.(None): (2) Labor rights are unrenounceable; any action, agreement or convention involving a waiver of or encroachment upon
p.(None): these rights is null and void. Concessions and settlements are possible only at the end of the
p.(None): employment relationship, in accordance with the requirements established by law.
p.(None):
p.(None): (3) When there are doubts concerning application or conflicts among several rules, or in the
p.(None): interpretation of a particular rule, that most favorable to the worker shall be applied. The rule applied must be
p.(None): applied in its entirety.
p.(None):
p.(None): (4) Any measure or act on the part of an employer in violation of this Constitution is null and void, and
p.(None): of no effect.
p.(None):
p.(None): (5) All types of discrimination because of political reasons, age, race, creed, sex or any other
p.(None): characteristic is prohibited.
p.(None):
p.(None): (6) Work by adolescents at tasks that may affect their overall development is prohibited. The State shall protect them
p.(None): against any economic and social exploitation.
p.(None):
p.(None): Article 90: Working hours shall not exceed eight hours per day or 44 hours per week. Where permitted by law, night work
p.(None): shall not exceed seven hours per day or 35 hours per week. No employer shall have the right to require employees to
p.(None): work overtime. An effort shall be made to reduce working hours progressively in the interest of society and in such
p.(None): sphere as may be determined, and appropriate provisions shall be adopted to make better use of free time for the
p.(None): benefit of the physical, spiritual and cultural development of workers*. Workers are entitled to weekly time
p.(None): off and paid vacations on the same terms as for days actually worked.
p.(None):
p.(None): Article 91: Every worker* has the right to a salary sufficient to enable him or her to live with dignity and cover
p.(None): basic material, social and intellectual needs for himself or herself and his or her family. The payment of equal salary
p.(None): for equal work is guaranteed, and the share of the profits of a business enterprise to which workers are
p.(None): entitled shall be determined. Salary is not subject to garnishment, and shall be paid periodically and
...
p.(None): technologies and the resulting innovations, in accordance with such requirements as may be established by law to this
p.(None): end.
p.(None):
p.(None): Article 109: The State shall recognize the autonomy of universities as a principle and status that
p.(None): allows teachers*, students* and graduates from its community, to devote themselves to the search for
p.(None): knowledge through research in the fields of science, humanistic and technology, for the spiritual
p.(None): and material benefit of the Nation. Autonomous universities shall adopt their own rules for their governance
p.(None): and operation and the efficient management of their property, under such control and vigilance as may be established by
p.(None): law to this end. Autonomy of universities is established in the planning, organization, preparation and updating of
p.(None): research, teaching and extension programs. The inviolability of the university campus is established.
p.(None): Experimental national universities shall attain their autonomy in accordance with law.
p.(None):
p.(None): Article 110: The State recognizes as being in the public interest science, technology, knowledge,
p.(None): innovation and the resulting applications, and the necessary information services, the same being fundamental
p.(None): instruments for the country's economic, social and political development, as well as for national sovereignty and
p.(None): security. To promote and develop these activities, the State shall allocate sufficient resources and shall
p.(None): create a national science and technology system in accordance with law. The private sector shall contribute with
p.(None): resources as well. The State shall guarantee the enforcement of the ethical and legal principles that are to
p.(None): govern research activities in science, humanism and technology. The manners and means of fulfilling this
p.(None): guarantee shall be determined by law.
p.(None):
p.(None): Article 111: All persons have a right to sports and recreation as activities beneficial to individual and collective
p.(None): quality of life. The State assumes responsibility for sports and recreation as an education and public health policy,
p.(None): and guarantees the resources for the furtherance thereof. Physical education and sports play a fundamental role in the
p.(None): overall education of childhood and adolescents. Instruction in the same is obligatory at all levels of public and
p.(None): private education up to the diversified cycle, with such exceptions as may be established by law. The State
p.(None): guarantees full attention to athletes* without discrimination of any kind, as well as support for
p.(None): high-level competitive sports and evaluation and regulation of sports organizations in both the public and the
p.(None): private sector, in accordance with law. Incentives and inducements shall be established. for the persons, institutions
...
p.(None): psychotropic and narcotic substances.
p.(None):
p.(None): Article 117: All persons shall have the right of access to goods and services of good quality, as well
p.(None): as to adequate and non-misleading information concerning the contents and characteristics of the products and services
p.(None): they consume, to freedom of choice and to fair and dignified treatment. The mechanisms necessary to guarantee these
p.(None): rights, the standards of quality and quantity for goods and services, consumer protection procedures, compensation for
p.(None): damages caused and appropriate penalties for the violation of these rights shall be established by law.
p.(None):
p.(None):
p.(None): Article 118: The right of workers and the community to develop associations of social and participative nature such
p.(None): as cooperatives, savings funds, mutual funds and other forms of association is recognized. These associations
p.(None): may develop any kind of economic activities in accordance with the law. The law shall recognize the
p.(None): specificity of these organizations, especially those relating the cooperative, the associated work and the
p.(None): generation of collective benefits. The state shall promote and protect these associations destined to improve the
p.(None): popular economic alternative.
p.(None):
p.(None): Chapter VIII
p.(None): Rights of Native People
p.(None):
p.(None): Article 119: The State recognizes the existence of native peoples and communities, their social, political and
p.(None): economic organization, their cultures, practices and customs, languages and religions, as well as
p.(None): their habitat and original rights to the lands they ancestrally and traditionally occupy, and which are
p.(None): necessary to develop and guarantee their way of life. It shall be the responsibility of the National
p.(None): Executive, with the participation of the native peoples, to demarcate and guarantee the right to
p.(None): collective ownership of their lands, which shall be inalienable, not subject to the law of limitations or distrait, and
p.(None): nontransferable, in accordance with this Constitution and the law.
p.(None):
p.(None): Article 120: Exploitation by the State of the natural resources in native habitats shall be carried out without harming
p.(None): the cultural, social and economic integrity of such habitats, and likewise subject to prior information and
p.(None): consultation with the native communities concerned. Profits from such exploitation by the native peoples are
p.(None): subject to the Constitution and the law.
p.(None):
p.(None): Article 121: Native peoples have the right to maintain and develop their ethnical and cultural entity,
p.(None): world view, values, spirituality and holy places and places of cult. The State shall promote the appreciation
...
p.(None): people, which is one, sovereign and indivisible. In accordance with this Constitution, they have the duty of
p.(None): safeguarding the integrity and sovereignty of the nation. The term people in this Constitution shall in no way be
p.(None): interpreted with the implication it is imputed in international law.
p.(None):
p.(None): Chapter IX
p.(None): Environmental Rights
p.(None):
p.(None): Article 127: It is the right and duty of each generation to protect and maintain the environment for
p.(None): its own benefit and that of the world of the future. Everyone has the right, individually and
p.(None): collectively, to enjoy a safe, healthful and ecologically balanced life and environment. The State shall protect
p.(None): the environment, biological and genetic diversity, ecological processes, national parks and natural monuments, and
p.(None): other areas of particular ecological importance. The genome of a living being shall not be patentable, and the field
p.(None): shall be regulated by the law relating to the principles of bioethics. It is a fundamental duty of the State, with the
p.(None): active participation of society, to ensure that the populace develops in a pollution-free environment in which
p.(None): air, water, soil, coasts, climate, the ozone layer and living species receive special protection, in accordance with
p.(None): law.
p.(None): Article 128: The State shall develop a zoning policy taking into account ecological, geographic,
p.(None): demographic, social, cultural, economic and political realities, in accordance with the premises of sustainable
p.(None): development, including information, consultation and male/female participation by citizens. An organic law
p.(None): shall develop the principles and criteria for this zoning.
p.(None):
p.(None): Article 129: Any activities capable of generating damage to ecosystems must be preceded by environmental
p.(None): and socio-cultural impact studies. The State shall prevent toxic and hazardous waste from entering
p.(None): the country, as well as preventing the manufacture and use of nuclear, chemical and biological
p.(None): weapons. A special law shall regulate the use, handling, transportation and storage of toxic and hazardous
p.(None): substances. In contracts into which the Republic enters with natural or juridical persons of
p.(None): Venezuelan or foreign nationality, or in any permits granted which involve natural resources, the obligation
p.(None): to preserve the ecological balance, to permit access to, and the transfer of technology on mutually agreed terms
p.(None): and to restore the environment to its
p.(None):
p.(None): natural state if the latter is altered, shall be deemed included even if not expressed, on such terms as may be
p.(None): established by law.
p.(None): Chapter X
p.(None): Duties
p.(None): Article 130: Venezuelans* have the duty to honor and defend their native land symbols and cultural values and to
p.(None): guard and protect the sovereignty, nationhood, territorial integrity, self determination and interests of the
p.(None): nation.
p.(None):
p.(None): Article 131: Everyone has the duty to comply with and obey this Constitution and the laws and other official acts
p.(None): promulgated by the organs of Public Power.
p.(None):
p.(None): Article 132: Everyone has a duty to fulfill his or her social responsibilities and participate together in
p.(None): the political, civic and community life of the country, promoting and protecting human rights as the foundation
p.(None): of democratic coexistence and social peace.
p.(None): Article 133: Everyone has the duty to contribute toward public expenditures by paying such taxes, assessments and
p.(None): contributions as may be established by law.
p.(None):
p.(None): Article 134: Everyone, in accordance with law, has the duty to perform such civilian or military service as may be
p.(None): necessary for the defense, preservation and development of the country, or to deal with situations involving a public
p.(None): calamity. No one shall be subjected to forcible recruitment. Everyone has the duty of rendering its services in the
p.(None): electoral functions assigned to them by law.
p.(None):
p.(None): Article 135: The obligations incumbent upon the State in accordance with this Constitution and
p.(None): the law, in Fulfillment of the States commitments to the general welfare of society, do not preclude the
p.(None): obligations which, by virtue of solidarity, social responsibility and humanitarian assistance, are
p.(None): incumbent upon private individuals according to their abilities. Appropriate provisions shall be enacted by law to
p.(None): compel the Fulfillment of these obligations in those cases in which such compulsion is necessary. Those
p.(None): aspiring to practice any profession have a duty to perform community service for such period, in such place and on such
p.(None): terms as may be provided for by law.
p.(None):
p.(None): TITLE IV PUBLIC POWER
p.(None): Chapter 1
p.(None): Fundamental Provisions
p.(None): Section One: General Provisions
p.(None):
...
p.(None): manner, of the status of proceedings in which they have a direct interest, and to be apprised of any final
p.(None): decisions adopted in the matter. Likewise, they have access to administrative files and records, without prejudice to
p.(None): the limits acceptable in a democratic society in matters relating to internal and external security,
p.(None): criminal, investigation and the intimacy of private life, in accordance with law regulating the matter of
p.(None): classification of documents with contents which are confidential or secret. No censorship of public officials*
p.(None): reporting on matters for which they are responsible shall be permitted.
p.(None):
p.(None): Section Three: Public Functions
p.(None):
p.(None): Article 144: Statutes governing public functions shall be enacted by law, with rules concerning entering,
p.(None): promotion, transfers, suspension and removal of employees* of Public Administration, and will provide for their
p.(None): incorporation into Social Security. The duties and requirements that are to be met by public employees* in the exercise
p.(None): of their official functions shall be determined by law. Article 145: Public officials or employees serve the state, and
p.(None): not any partisan interest. Their appointment and removal shall not be determined based on political affiliation or
p.(None): orientation. A person who is in the service of the Municipalities, the States, the Republic, or any other State public
p.(None): or private juridical persons, shall not be permitted to enter into a contract of any kind with them,
p.(None): either
p.(None):
p.(None): directly or through any interposed person, or as representative of another, with such exceptions as may be
p.(None): established by law.
p.(None):
p.(None): Article 146: Positions in the organs of Public Administration are to be filled by career personnel. Exceptions are
p.(None): those elected by popular vote, those whose holders may be appointed and removed freely, those contracted* for,
p.(None): laborers* in the service of Public Administration and any others determined by law. Engagement of public officials* to
p.(None): fill career positions shall be by public competition, based on principles of honesty, capability and efficiency.
p.(None): Promotion shall be governed by scientific methods based on the merit system, and transfer, suspension and
p.(None): removal shall depend on performance.
p.(None):
p.(None): Article 147: In order for paid public positions to be filled, it is necessary that the pertinent
p.(None): compensation be provided for in the pertinent budget. Public Administration salary scales shall be
p.(None): established by regulation, in accordance with law. The pertinent organic law may establish reasonable limits on
p.(None): the compensation earned by national, state and municipal public officials*. The national law shall establish the
p.(None): pension or retirement system for national, state and municipal public officials*.
p.(None):
p.(None): Article 148: No one shall be permitted to hold more than one paid public position, except in the case of academic,
...
p.(None): nationality, domicile or other matters, or require special guarantees.
p.(None):
p.(None): Article 151: In the public interest contracts, unless inapplicable by reason of the nature of such contracts, a clause
p.(None): shall be deemed included even if not expressed, whereby any doubts and controversies which may raise concerning such
p.(None): contracts and which cannot be resolved amicably by the contracting parties, shall be decided by the competent courts of
p.(None): the Republic, in accordance with its laws and shall not on any grounds or for any reason give rise to foreign claims.
p.(None):
p.(None): Section Five: International Relations
p.(None):
p.(None): Article 152: The international relations of the Republic serve the ends of the State as a function of the exercise of
p.(None): sovereignty and the interests of the people; they are governed by the principles of independence, equality between
p.(None): States, free self-determination and nonintervention in their internal affairs, the peaceful resolution of
p.(None): international conflicts, cooperation, respect of human rights and solidarity among peoples in the struggle
p.(None): for their liberation and the welfare of humanity. The Republic shall maintain the finest and most resolute defense
p.(None): of these principles and democratic practices in all international organs and institutions.
p.(None):
p.(None): Article 153: The Republic shall promote, and encourage Latin American and Caribbean integration, in the interest of
p.(None): advancing toward the creation of a community of nations, defending the region's economic, social, cultural,
p.(None): political and environmental interests. The Republic shall have the power to sign international treaties
p.(None): that implement and coordinate efforts to promote the common development of our nations, and to ensure the welfare of
p.(None): their peoples and the collective security of their inhabitants. To these ends, the Republic may transfer to
p.(None): supranational organizations, through treaties, the exercise of the necessary authorities to carry out these integration
p.(None): processes. In its policies of integration and union with Latin America and the Caribbean, the Republic shall
p.(None): give privileged status to relations with Bier American countries, striving to make this a common policy throughout our
p.(None): Latin America. Provisions adopted within the framework of integration agreements shall be regarded as an integral part
p.(None): of the legal order in force, and shall be applicable directly and with priority over internal legislation.
p.(None):
p.(None): Article 154: Treaties agreed to by the Republic must be approved by the National Assembly prior to their
p.(None): ratification by the President* of the Republic, with the exception of those which seek to perform or perfect
p.(None): pre-existing obligations of the Republic, apply principles expressly recognized by the Republic, perform
p.(None): ordinary acts in international relations or exercise powers expressly vested by law in the National Executive.
p.(None):
p.(None): Article 155: In the international agreements, treaties and conventions entered into by the Republic, a clause shall
p.(None): be inserted whereby the parties agree to resolve by peaceful means recognized under international law or
...
p.(None):
p.(None): The requirements for being a member of the Legislative Council, the obligation to give a yearly accounting and immunity
p.(None): within the territorial jurisdiction, shall be governed by the rules established by this Constitution for deputies* of
p.(None): the National Assembly, insofar as applicable. State legislators* shall be elected for a four-year term, being eligible
p.(None): for reelection for only two terms. The organization and functioning of the Legislative Council shall be
p.(None): regulated by the national law.
p.(None): Article 163: Each State shall have a Comptroller's Office which shall enjoy structural and operating
p.(None): autonomy. The State Comptroller's Office shall exercise, in accordance with this Constitution and in
p.(None): accordance with law, control, vigilance and auditing authority over state revenues, expenses and assets, without
p.(None): prejudice to the scope of the functions of the Office of the General Comptroller of the Republic. This body shall act
p.(None): under the direction and responsibility of a Comptroller*, whose qualifications to serve in this position shall be
p.(None): determined by law, guaranteeing his capability and independence, as well as the neutrality of his appointment, which
p.(None): shall be by public competition.
p.(None): Article 164: Is of the States exclusive competence:
p.(None):
p.(None): (1) Promulgating their Constitution to organize public authority, in accordance with the provisions of
p.(None): this Constitution.
p.(None):
p.(None): (2) Organization of their Municipalities and other local organs and the territorial and political
p.(None): divisions between them, in accordance with this Constitution and in accordance with law.
p.(None):
p.(None): (3) Management of their assets and investment and management of their resources, including those deriving from
p.(None): transfers, subsidies or special assuagements from National Power, and those assigned to them as a share of national
p.(None): tax revenues.
p.(None):
p.(None): (4) Organization, collection, control and administration of their own taxes, in accordance with provisions of national
p.(None): and state law.
p.(None):
p.(None): (5) The governance and exploitation of non-metallic minerals that are not reserved to National Power, as well as salt
p.(None): deposits and oyster beds, and the management of vacant lands within their jurisdiction, in accordance with
p.(None): law.
p.(None):
p.(None): (6) Organization of the police and determination of the branches of this service to be assigned to
p.(None): municipal jurisdiction, in accordance with applicable national legislation.
p.(None):
p.(None): (7) Creation, organization, collection, control and management in the fields of sealed paper and tax
p.(None): documentary stamps.
p.(None):
p.(None): (8) Creation, governance and organization of state public services.
p.(None):
p.(None): (9) Construction, preservation, management and exploitation of overland travel routes within the states.
p.(None):
p.(None): (10) Conservation, management and exploitation of national expressways and highways, as well as ports and
p.(None): airports in commercial use, in coordination with the National Executive.
p.(None):
p.(None): (11) Any matters not placed, in accordance with this Constitution, under national or municipal jurisdiction.
p.(None):
...
p.(None):
p.(None): (1) In the event of changes in the revenues of the National Treasury that require an adjustment to the National
p.(None): Budget, the constitutional revenue share shall be adjusted in the same proportion.
p.(None):
p.(None): (2) Principles, rules and procedures with a view to ensure the proper and efficient use of the resources deriving
p.(None): from the constitutional revenue share and the share of the Municipalities therein shall be established by
p.(None): law.
p.(None):
p.(None): (3) Any other taxes, charges and special contributions that may be allocated to them by national law for the
p.(None): purpose of helping to develop the state treasuries. Laws creating or transferring tax revenues to the States
p.(None): may offset these allocations by means of changes in the other revenue categories indicated in this
p.(None): article, in order to preserve inter-territorial fairness. The percentage of estimated ordinary national revenues
p.(None): allocated to the constitutional revenue share shall be no less than 15% of estimated ordinary revenues, taking
p.(None): into account the financial position and sustainability of the National Public Treasury, without
p.(None): neglecting the ability of the state administrative authorities to provide adequately for the services for which they
p.(None): are responsible.
p.(None):
p.(None): (4) Resources deriving from the Inter-territorial Compensation Fund and from any other transfer, subsidy or special
p.(None): appropriation, as well as those allocated to them as a share of national tax revenues, in accordance with the pertinent
p.(None): law.
p.(None):
p.(None): Chapter IV
p.(None): Municipal Public Power
p.(None):
p.(None): Article 168: Municipalities constitute the primary political unit in the organization of the nation, and enjoy
p.(None): artificial personality and autonomy within the limits prescribed by the Constitution and the law.
p.(None): Municipal autonomy includes:
p.(None):
p.(None): (1) Election of municipal authorities.
p.(None):
p.(None): (2) Management of affairs within the scope of its competence.
p.(None):
p.(None): (3) Creation, collection and investment of its revenues.
p.(None):
p.(None): The actions of a Municipality within the scope of its competence shall be carried out by incorporating citizen
p.(None): participation into the process of defining and managing public affairs and monitoring and evaluating the
p.(None): results achieved, in an effective, sufficient and timely manner, in accordance with law. The actions of Municipalities
p.(None): may be contested only before the courts of competent jurisdiction, in accordance with the Constitution and the law.
p.(None): Article 169: The organization of Municipalities and other local entities shall be governed by this Constitution, by
p.(None): the rules established by national organic laws to implement constitutional principles, and by such provisions
p.(None): of law as may be enacted by the States in accordance with the aforementioned. Legislation enacted to implement
p.(None): constitutional principles relating to Municipalities and other local entities shall establish various
p.(None): structures for the organization, governance and administration of the same, including as regards the determination of
p.(None): their powers and resources, taking into account conditions relating to population, economic development, ability to
p.(None): generate their own tax revenues, geographical location, historical and cultural elements and other relevant
p.(None): factors. In particular, such legislation shall establish the options for organizing the system of local administration
p.(None): and government that shall be adopted by Municipalities with native populations. In all cases, the municipal
p.(None): structure shall be democratic and consistent with the inherent nature of local government.
p.(None):
p.(None): Article 170: Municipalities shall be permitted to associate in commonwealths, or to agree among themselves or with
p.(None): other territorial political divisions on the creation of types of intergovernmental associations for purposes in
p.(None): the public interest relating to matters within their competence. The rules concerning the grouping
p.(None): of two or more Municipalities into districts shall be determined by law.
p.(None):
p.(None): Article 171: When two or more Municipalities belonging to the same federal organ have economic, social and physical
p.(None): relations that give the group the characteristics of a metropolitan area, they may organize themselves as
p.(None): metropolitan districts. The organic law enacted for the purpose shall guarantee the democratic and participatory
p.(None): character of the metropolitan government and shall establish its functional competence, as well as its tax, financial
p.(None): and control regime. It shall also ensure that the Municipalities have adequate participation in the entities
p.(None): of the metropolitan government, and shall indicate the manner in which the public consultations that are to
p.(None): decide upon affiliation of the Municipalities with the metropolitan district. Various regimes may be established by
p.(None): law for the organization, governance and administration of the metropolitan district, taking into account
p.(None): population conditions, economic and social development, geographical location and other factors of importance. In
p.(None): all cases, the delegation of competence for each metropolitan district shall take into account these conditions.
p.(None):
p.(None): Article 172: The state Legislative Council, after a favorable decision by public consultation of
p.(None): the affected population, shall define the boundaries of the metropolitan district and shall organize the
...
p.(None):
p.(None): (2) Charges for the use of their goods or services; administrative charges for licenses or authorizations; taxes on
p.(None): economic activities in the areas of industry, business and services, or those of similar kind, with
p.(None): the limitations established in this Constitution; taxes on urban real property, vehicles, public shows, games and
p.(None): lawful wagering; advertising and commercial publicity; and, the special tax on increased property values
p.(None): generated by changes in use or intensity of exploitation from which they benefit because of zoning plans.
p.(None):
p.(None): (3) The rural territorial tax or tax on rural estates; sharing in the tax on improvements and other
p.(None): national and state taxes, in accordance with the laws creating such taxes.
p.(None):
p.(None): (4) Those deriving from the constitutional revenue share and other national or state transfers or
p.(None): subsidies.
p.(None):
p.(None): (5) The proceeds from fines and penalties imposed within the scope of their competence, or delegated to
p.(None): them.
p.(None):
p.(None): (6) Such others as may be determined by law.
p.(None):
p.(None): Article 180: The taxing power that is vested in Municipalities is different from and independent of the
p.(None): regulatory powers over certain fields or activities conferred by this Constitution or laws on National or
p.(None): State Authority. Immunities from the taxing power of Municipalities in favor of other territorial political entities
p.(None): extend only to public sector juridical persons created by such organs, and not to concession holders or other parties
p.(None): entering into contracts with the administrative arm of National or State government.
p.(None):
p.(None): Article 181: Municipal common lands are inalienable and not subject to the law of limitations. Title to
p.(None): them can be conveyed only subject to compliance with the formalities provided for under municipal ordinances and
p.(None): under the circumstances provided for thereunder, in accordance with this Constitution and such laws as may be
p.(None): promulgated to develop the principles container herein. Ownerless land located within the urban area of towns in a
p.(None): municipality is municipal common land, without prejudice to legitimate and validly constituted rights of third parties.
p.(None): Vacant land located within the urban area also becomes common land. However, this does not include land which
p.(None): is part of native communities. The mechanism for converting other public land into common land shall be established
p.(None): by law.
p.(None):
p.(None): Article 182: The Local Public Planning Council is hereby created, presided over by the Mayor* and consisting of
p.(None): municipal Council members, Chairpersons* of Parish Boards and representatives of neighborhood organizations and other
p.(None): organized social groups, in accordance with such provisions as may be established by law.
p.(None):
p.(None): Article 183: States and Municipalities shall not have the power to:
p.(None):
p.(None): (1) Create customs authorities or import, export or transit duties on domestic or foreign goods, or on
p.(None): other revenue sources under national competence.
p.(None):
...
p.(None): single text that incorporates the amendments passed.
p.(None):
p.(None): Section Five: Procedures
p.(None):
p.(None): Article 219: The first regular legislative session of the National Assembly shall begin, without advance notice, on
p.(None): January fifth of each year or on the first subsequent day possible, and shall continue until August 15.
p.(None): The second session shall begin on September 15 or the first subsequent day possible, and shall end on December
p.(None): 15.
p.(None):
p.(None): Article 220: The National Assembly shall meet in special sessions to take up the matters on the agenda contained in the
p.(None): notice of the meeting, and any related matters. A special session may also consider any matters declared urgent by a
p.(None): majority vote of the members.
p.(None):
p.(None): Article 221: The requirements and procedures for the establishment and other sessions of the National Assembly, and for
p.(None): the functioning of its Committees, shall be determined by the Regulations. In no case may a quorum be less
p.(None): than an absolute majority of the members* of the National Assembly.
p.(None):
p.(None): Article 222: The National Assembly shall be empowered to exercise its control function by means of the
p.(None): following mechanisms: parliamentary questions, investigations, questions, authorizations and parliament's
p.(None): approvals as provided for in this Constitution and by law, and any other mechanism that may be established
p.(None): by laws and their associated Regulations. In exercising parliamentary control, the National Assembly shall have the
p.(None): power to make a finding of political liability on the part of public officials* and call on Citizen Power to initiate
p.(None): the appropriate action to enforce such liability.
p.(None):
p.(None): Article 223: The Assembly or its Committees shall have the power to conduct such investigations as they
p.(None): may deem appropriate in matters within their competence, in accordance with the Regulations. All public
p.(None): officials* are obligated, subject to the penalties established by law, to appear before such Committees
p.(None): and provide the same with any information and documents they may require in order to carry out their
p.(None): functions. Private citizens are also subject to this obligation, without prejudice to the rights and
p.(None): guarantees embodied in this Constitution.
p.(None):
p.(None): Article 224: The exercise of the power of investigation does not affect the powers of other public
p.(None): authorities Judges* shall be obligated to take evidence as commissioned by National Assembly and its Committees.
p.(None):
p.(None): Chapter 11
p.(None): National Executive Power
p.(None): Section One: President* of the Republic
p.(None):
p.(None): Article 225: Executive Power is exercised by the 'President* of the Republic, the Executive
p.(None): Vice-President*, the Cabinet Ministers* and other officials as determined by this Constitution and by law.
p.(None):
p.(None): Article 226: The President* of the Republic is the Head of State and of the National Executive, in which
p.(None): latter capacity he directs the action of the government.
p.(None):
p.(None): Article 227: In order to be elected President* of the Republic, it is necessary to be Venezuelan* by
...
p.(None): Executive Vice-President*.
p.(None):
p.(None): (18) To formulate the National Development Plan and, subject to approval in advance from the National Assembly, direct
p.(None): the implementation of the same.
p.(None):
p.(None): (19) To grant pardons.
p.(None):
p.(None): (20) To determine the number, organization and competence of the Ministries and other organs comprising the
p.(None): National Public Administrative Branch, as well as the organization and functions of the Cabinet Ministers, within the
p.(None): principles and guidelines set forth in the pertinent organic law.
p.(None):
p.(None): (21) To dissolve the National Assembly in the case contemplated by this Constitution.
p.(None):
p.(None): (22) To call reference in the cases provided for under the present Constitution.
p.(None):
p.(None): (23) To call and preside over meetings of the National Defense Council.
p.(None):
p.(None): (24) Any others vested in the President* under this Constitution and law.
p.(None):
p.(None): The President* of the Republic shall exercise during a meeting of the Cabinet Ministers the attributions indicated
p.(None): under items (7), (8), (9), (10), (12), (13), (14), (18), (20), (21) and (22) above, and any others which may be
p.(None): conferred upon him by law for exercise in the same manner. In order to be valid, the acts of the President of the
p.(None): Republic, with the exception of those indicated under items (3) and (5), must be countersigned by the
p.(None): Executive vice-president* and the Minister or Ministers* concerned.
p.(None):
p.(None): Article 237: Annually, within the first ten days following to installation of the National Assembly, in ordinary
p.(None): session, the President* of the Republic, shall present personally to the Assembly a message by which will render
p.(None): account of the political, economic, social and administrative aspects of its administration during the past year.
p.(None): Section Three: Executive Vice- President*
p.(None):
p.(None): Article 238: The Executive Vice-President* is a direct subordinate of and works closely with the President* of the
p.(None): Republic in the latter's capacity as Head of the National Executive. The Executive Vice-President* must meet
p.(None): the same requirements prescribes for eligibility for the office of President* of the Republic, and must not be related
p.(None): to the latter by either blood or marriage.
p.(None):
p.(None): Article 239: The following are powers of the Executive Vice-President*:
p.(None):
p.(None): (1) To cooperate with the President* of the Republic in directing the actions of the government.
p.(None):
p.(None): (2) To coordinate the National Public Administration in accordance with President* of the Republic's instructions.
p.(None):
p.(None): (3) To propose to the President* of the Republic the appointment and removal of Ministers*.
p.(None):
p.(None): (4) To preside over the Cabinet, subject to authorization in advance from the President* of the Republic.
p.(None):
p.(None): (5) To coordinate relations between the National Executive and the National Assembly.
p.(None):
p.(None): (6) To preside over the Federal Government Council.
p.(None):
p.(None): (7) To appoint and remove, in accordance with law, those national government officials* for whose designation
p.(None): no other authority has been made responsible.
p.(None):
p.(None): (8) To replace the President* of the Republic when the latter is temporarily unavailable.
p.(None):
...
p.(None): of public competitions to ensure the capability and excellence of the participants, with selection by the juries of the
p.(None): judicial circuits, in such manner and on such terms as may be established by law. The appointment and
p.(None): swearing in of judges shall be the responsibility of the Supreme Tribunal of Justice. Citizen participation in the
p.(None): process of selecting and designating judges* shall be guaranteed by law. Judges* shall be removed or suspended from
p.(None): office only through the procedures expressly provided for by law. Measures shall be taken by law to promote the
p.(None): professionalism of judges*, and the universities shall cooperate to this end, organizing their corresponding
p.(None): law schools curricula to specialized studies in judicial practice. Judges are personally liable, on such terms as
p.(None): may be determined by law, for unjustified omissions, delay or errors, for substantial failure to observe
p.(None): the rules of procedure, for denial of justice, for partiality and for the criminal offenses of bribery and
p.(None): prevarication in office.
p.(None):
p.(None): Article 256: In order to guarantee impartiality and independence in the exercise of their official functions,
p.(None): magistrates*, judges*, prosecutors* in the Office of Public Prosecutions and public defenders, from
p.(None): the date of their appointment until they leave office, shall not be permitted, otherwise than by exercising
p.(None): their right to vote, to engage in partisan political, professional association, trade union or similar
p.(None): activism; nor to engage in private activities for profit which are incompatible with their official functions, either
p.(None): directly or through any interposed person; nor to perform any other public functions, with the exception of
p.(None): educational activities. Judges* shall not be permitted to form associations among themselves
p.(None):
p.(None): Article 257: Procedure represents a fundamental instrument for the administration of justice. Procedural laws
p.(None): shall provide for the simplification, uniformity and efficiency of legal formalities, and shall adopt expeditious, oral
p.(None): and public procedures. Justice shall not be sacrificed because of the omission of nonessential formalities.
p.(None):
p.(None): Article 258: Justice of peace in communities shall be organized by law. Justices* of peace shall be
p.(None): elected by universal suffrage, directly and by secret ballot, in accordance with law. The law shall encourage
p.(None): arbitration, conciliation, mediation and any other alternative means for resolving conflicts.
p.(None):
p.(None): Article 259: Competence over contentious administrative law proceedings shall be vested in the Supreme
p.(None): Tribunal of Justice and such other courts as may be determined by law. Organs with jurisdiction in the field of
p.(None): contentious administrative law are competent to nullify general or individual administrative acts contrary to
...
p.(None): members only, in accordance to their own rules and proceedings, provided the same are not contrary to this
p.(None): Constitution, law and public order. The manner in which this special competence shall be coordinated with
p.(None): the national judicial system shall be determined by law.
p.(None):
p.(None): Article 261: Military criminal jurisdiction is an integral part of the Judicial Power, and its judges* shall be
p.(None): selected by a competitive process. Its sphere of competence, organization and modes of operation shall be
p.(None): governed by the accusatory system and in accordance with the Organic Code of Military Justice. The commission
p.(None): of common crimes, human rights violations and violations of humanity rights shall be judged by the courts of the
p.(None): ordinary jurisdiction. Military courts jurisdiction is limited to offenses of a military nature. Insofar as not
p.(None): provided for in this Constitution, special jurisdiction and the competence, organization and functioning of the courts
p.(None): shall be regulated by law.
p.(None): Section Two: Supreme Tribunal of Justice
p.(None):
p.(None): Article 262: The Supreme Tribunal of Justice shall sit in plenary session and in Constitutional,
p.(None): Political/Administrative, Electoral, Civil Appeal, Criminal Appeal, and Social Appeal Divisions, whose
p.(None): composition and competence shall be determined by the pertinent organic act. The Social Division shall encompass
p.(None): matters relating to appeals involving agrarian matters, labor matters and minors.
p.(None):
p.(None): Article 263: To be a justice* of the Supreme Tribunal of Justice, a person must:
p.(None):
p.(None): (1) Have Venezuelan nationality by birth.
p.(None):
p.(None): (2) Be recognized as an honorable citizen*.
p.(None):
p.(None): (3) Be a jurist of recognized competence; enjoy a good reputation; have a minimum of 15 years experience practicing law
p.(None): and have a post graduate degree in law, or have at least 15 years experience as a university professor of
p.(None): law, having obtained the rank of full professor; or be or have been a superior court judge in the specialty of the
p.(None): division for which he is a candidate, having been a sitting judge for at least 15 years and gained recognized prestige
p.(None): in the performance of his duties.
p.(None):
p.(None): (4) Any other requirements established by law.
p.(None):
p.(None): Article 264: The justices of the Supreme Tribunal of Justice shall be elected for a single term of 12 years. The
p.(None): election procedure shall be determined by law. In all cases, candidates may be proposed to the Judicial
p.(None): Nominations Committee either on their own initiative or by organizations involved in the field of law. After hearing
...
p.(None): appropriate, and if the offense
p.(None):
p.(None): charged is a common crime, the Supreme Tribunal of Justice shall retain competence of the matter until a final judgment
p.(None): is handed down.
p.(None):
p.(None): (4) To resolve any administrative controversies that may arise between the Republic, any State, Municipality or
p.(None): other public entity, when the other party is also one of these same organs, except in the case of a controversy
p.(None): between Municipalities belonging to the same State, in which case competence may be vested by law in
p.(None): another court.
p.(None):
p.(None): (5) To declare null and void, in whole or in part, regulations and other general or individual
p.(None): administrative actions of the National Executive Branch, where appropriate.
p.(None):
p.(None): (6) To take competence of motions for declaratory judgment on the content and application of legal texts, on
p.(None): the terms contemplated by law.
p.(None):
p.(None): (7) To decide competence conflicts between courts, whether ordinary or special, when there is no higher or
p.(None): common court shared by both in the hierarchical order.
p.(None):
p.(None): (8) To take jurisdiction of appeals for violations of law.
p.(None):
p.(None): (9) Such others as may be vested in it by law.
p.(None):
p.(None): The powers indicated under (1) shall be exercised by the Constitutional Division; those indicated under (2 ) and (3),
p.(None): in Plenary Session; and those indicated under (4) and (5), by the Political/Administrative Division. The remaining
p.(None): powers shall be exercised by the various divisions as provided for under this Constitution and by law.
p.(None):
p.(None): Section Three: Governance and Administration of the Judicial Power
p.(None):
p.(None): Article 267: The Supreme Tribunal of Justice is charged with the direction, governance and administration of the
p.(None): Judicial Power and inspection and vigilance of the courts of the Republic and the public defenders' offices. The
p.(None): Supreme Tribunal is also charged with preparing and implementing its own budget and that of the Judicial Power.
p.(None): Jurisdiction over judicial discipline shall be vested in such disciplinary courts as may be determined by law. The
p.(None): discipline system for magistrates* and judges* shall be based in the Venezuelan Judge's* Code of Ethics
p.(None): to be promulgated by the National Assembly. Disciplinary proceedings shall be public, oral and
p.(None): expeditious, in accordance with due process, subject to such terms and conditions as may be established by law. In
p.(None): order to exercise these powers, the Supreme Tribunal in plenary session shall create an Executive Department of the
p.(None): Judiciary, with its various regional offices.
p.(None):
p.(None): Article 268: The autonomy and organization, functioning, discipline and fitness of service of public
p.(None): defenders shall be provided for by law, in order to ensure the efficiency of the service and guarantee career benefits
p.(None): for public defenders.
p.(None):
p.(None): Article 269: The organization of judicial circuits and the creation and competence of regional courts and
...
p.(None): and decisions of the public-sector organs, entities and juridical persons subject to his control, as
p.(None): regards their revenues, expenses and property.
p.(None):
p.(None): (6) Any other functions that may be vested in him by the Constitution and by law.
p.(None):
p.(None): Article 290: Matters relating to the organization and functioning of the Office of the General
p.(None): Comptroller of the Republic and the national tax control system shall be determined by law.
p.(None):
p.(None): Article 291: The Office of the General Comptroller of the Armed Forces is an integral part of the national control
p.(None): system. It shall be in charge of vigilance, control and auditing of public revenues, expenses and property allocated to
p.(None): the National Armed Forces and
p.(None):
p.(None): their dependencies, without prejudice to the scope and competence of the Office of the General Comptroller of the
p.(None): Republic. Its organization and functioning shall be determined by the pertinent law, and shall be
p.(None): under the responsibility of the General Comptroller* of the Armed Forces, who shall be designated by means of a
p.(None): competitive process.
p.(None):
p.(None): Chapter V
p.(None): Electoral Power
p.(None):
p.(None): Article 292: Electoral Power is exercised by the National Electoral Council as governing body, and by the latter's
p.(None): subordinate organs, the National Board of Elections, the Civil Status and Voter Registration Commission and the
p.(None): Commission on Political Participation and Financing, with organization and functioning as established under
p.(None): the pertinent organic law.
p.(None):
p.(None): Article 293: The following are functions of Electoral Power:
p.(None):
p.(None): (1) To regulate election laws and resolve any doubts and unregulated areas raised by or contained in such laws.
p.(None):
p.(None): (2) To prepare its budget, concerning which it shall handle directly with the National Assembly, and which it shall
p.(None): manage autonomously.
p.(None):
p.(None): (3) To issue binding directives in the field of political and electoral advertising and financing, and
p.(None): impose penalties when such directives are not abided by.
p.(None):
p.(None): (4) To declare elections null and void, either in whole or in part.
p.(None):
p.(None): (5) Organization, administration, direction and vigilance of all acts relating to elections to fill
p.(None): public offices by popular vote, as well as referenda.
p.(None):
p.(None): (6) To organize elections for labor unions, professional associations and organizations pursuing political
p.(None): purposes, in accordance with applicable provisions of law. Electoral Power shall also have the power to organize
p.(None): electoral processes for other organizations in civil society, either at their request or by order of the Electoral
p.(None): Division of the Supreme Tribunal of Justice. The entities, organs and organizations concerned shall cover the
p.(None): costs of their election processes.
p.(None):
p.(None): (7) To maintain, organize, direct and supervise the Civil and Electoral Registry.
p.(None):
p.(None): (8) To organize the registration and enrollment of organizations pursuing a political purposes, and see that such
p.(None): organizations comply with the
p.(None):
p.(None): provisions governing their status, as set forth in the Constitution and law. In particular, Electoral Power
p.(None): shall decide on applications for the founding, renewal and cancellation of organizations for political
p.(None): purposes, the determination of their lawful authorities and provisional names, colors and symbols.
p.(None):
p.(None): (9) To control, regulate and investigate the funds raised to finance organizations for political purposes.
p.(None):
p.(None): (10) Such other functions as may be determined by law. Electoral Power organs shall guarantee the equality,
p.(None): reliability, impartiality, transparency and efficiency of electoral processes, as well as implementation of
p.(None): the personalization of suffrage and proportional representation.
p.(None):
p.(None): Article 294: The organs comprising Electoral Power are governed by principles of organic independence,
p.(None): functional and budgetary autonomy, separation of the electoral organs from the political parties,
p.(None): impartiality and citizen participation, as well as decentralization of electoral administration, transparency
p.(None): and expeditiousness of the voting process and tallying of votes.
p.(None):
p.(None): Article 295: The Election Nominations Committee for candidates* for membership seats on the National Electoral
p.(None): Council shall be made up of representatives of the various different sectors of society, as provided for by
p.(None): law.
p.(None):
p.(None): Article 296: The National Electoral Council shall consist of five members having no ties to organizations for political
p.(None): purposes; three of these shall be nominated by civil society, one by the schools of law and political science of the
p.(None): national universities, and one by the Citizen Power. The three members nominated by civil society shall have six
p.(None): alternates in ordinal sequence, and each of the members designated by the universities and Citizen Power
p.(None): shall have respectively two alternates. The National Board of Elections, the Civil Status and Voter Registration
p.(None): Commission and the Commission on Political Participation and Financing shall each be presided over by a member*
p.(None): designated by civil society. The members* of the National Electoral Council shall hold office for seven years and shall
p.(None): be elected separately: the three nominated by civil society at the beginning of each term of office of the National
p.(None): Assembly , and the other two halfway through such term of office. The members* of the National Electoral Council shall
p.(None): be designated by a two thirds vote of the members of the National Assembly. The members of the National
p.(None): Electoral Council will designate their President* among them in accordance with the Law. The members of the
p.(None): National Electoral Council shall be subject to removal by the National Assembly, following a ruling of the Supreme
p.(None): Tribunal of Justice.
p.(None):
p.(None): Article 297: The contentious electoral jurisdiction shall be exercised by the Electoral Section of the
p.(None): Supreme Tribunal of Justice and any other Courts established by law.
p.(None):
p.(None): Article 298: The law regulating electoral process shall not be in any form modified in the period between the elections
p.(None): day and the preceding six months.
p.(None):
p.(None): TITLE VI SOCIOECONOMIC SYSTEM
p.(None): Chapter 1
p.(None):
p.(None): Socioeconomic Order and the Function of the State in the Economy Article 299: The economic regime of the
p.(None): Bolivarian Republic of Venezuela is based on the principles of social justice, democratization, efficiency,
...
p.(None): law; the solid, dynamic, sustainable, continuing and equitable growth of the economy to ensure a just distribution
p.(None): of wealth through participatory democratic strategic planning with open consultation.
p.(None):
p.(None): Article 300: National laws shall establish the conditions for the creation of functionally decentralized entities to
p.(None): carry out social or entrepreneurial activities, with a view to ensuring the reasonable economic and social
p.(None): productivity of the public resources invested in such activities.
p.(None):
p.(None): Article 301: The State reserves to itself the use of trade policy to protect the economic activities of public and
p.(None): private Venezuelan enterprises. Business enterprises, organs or persons of foreign nationality shall not be
p.(None): granted with regimes more advantageous than those established for Venezuelan nationals. Foreign investment is
p.(None): subject to the same conditions as domestic investment.
p.(None):
p.(None): Article 302: The State reserves to itself, through the pertinent organic law, and for reasons of
p.(None): national expediency, the petroleum industry and other industries, operations and goods and services which
p.(None): are in the public interest and of a strategic nature. The State shall promote the domestic manufacture
p.(None): of raw materials deriving from the exploitation of nonrenewable natural resources, with a view to assimilating,
p.(None): creating and inventing technologies, generating employment and economic growth and creating wealth and
p.(None): well-being for the people.
p.(None):
p.(None): Article 303: For reasons of economic and political sovereignty and national strategy, the State shall retain all
p.(None): shares of Petroleos de Venezuela, S.A. or the organ created to manage the petroleum industry, with the
p.(None): exception of subsidiaries, strategic joint ventures, business enterprises and any other venture established or
p.(None): coming in the future to be established as a consequence of the carrying on of the business of Petroleos
p.(None): de Venezuela, S.A.
p.(None):
p.(None): Article 304: All waters are property in the Nation's public domain, essential to life and development. The necessary
p.(None): provisions shall be established by law to guarantee the protection, utilization, and recuperation thereof,
p.(None): respecting the phases of the hydrological cycle and zoning criteria.
p.(None):
p.(None): Article 305: The State shall promote sustainable agriculture as the strategic basis for overall rural
p.(None): development, and consequently shall guarantee the population a secure food supply, defined as the sufficient and stable
p.(None): availability of food within the national sphere and timely and uninterrupted access to the same for consumers.
p.(None): A secure food supply must be achieved by developing and prioritizing internal agricultural and livestock
p.(None): production, understood as production deriving from the activities of agriculture, livestock, fishing
p.(None): and aquiculture. Food production is in the national interest and is fundamental to the economic and social
...
p.(None): National Defense Council.
p.(None):
p.(None): Article 324: Only the State shall be permitted to possess and use weapons of war; any such weapons which now exist or
p.(None): are manufactured in or imported into the country shall become the property of the Republic, without compensation or
p.(None): proceedings. The National Armed Forces shall be the institution of competence to regulate and
p.(None): control, in accordance with the pertinent legislation, the manufacture, importing, exporting, storage, transit,
p.(None): registration, control, inspection, marketing, possession and use or other weapons, munitions and explosives.
p.(None):
p.(None): Article 325: The National Executive reserves the right to classify and control disclosure of matters directly
p.(None): relating to the planning and execution of operations concerning national security, on such terms as may be
p.(None): established by law.
p.(None):
p.(None): Chapter II
p.(None): Principles of National Security
p.(None):
p.(None): Article 326: National security is based on shared responsibility between the State and civil society to
p.(None): implement the principles of independence, democracy, equality, peace, freedom, justice, solidarity,
p.(None): promotion and conservation of the environment and
p.(None):
p.(None): affirmation of human rights, as well as on that of progressively meeting the individual and collective needs of
p.(None): Venezuelans*, based on a sustainable and productive development policy providing full coverage for the
p.(None): national community. The principle of shared responsibility applies to the economic, social, political,
p.(None): cultural, geographical, environmental and military spheres.
p.(None):
p.(None): Article 327: Attention to borders is a priority matter in the enforcement and application of national security
p.(None): principles. To this end, a border security belt is established, with width, special economic and social
p.(None): regimes, settlement and utilization. shall be regulated by law, with special protection for national
p.(None): parks and other areas under special administrative arrangements, as well as the habitat of the
p.(None): native people settled in the areas concerned.
p.(None):
p.(None): Chapter- III
p.(None): The National Armed Forces
p.(None):
p.(None): Article 328: The National Armed Forces constitute an essentially professional institution, with no political
p.(None): orientation, organized by the State to guarantee the independence and sovereignty of the Nation and ensure the
p.(None): integrity of its geographical space, through military defense, cooperation for the purpose of maintaining
p.(None): internal order and active participation in national development, in accordance with this Constitution and the law.
p.(None): In performing their functions, they are at the exclusive service of the Nation, and in no case at the service of any
p.(None): person or political partisanship. The pillars on which they are founded are discipline, obedience and subordination.
p.(None): The National Armed Forces consist of the Army, the Navy, the Air Force and the National Guard, which
p.(None): function in an integrated manner within the scope of their competence to fulfill their mission, with their own
p.(None): overall Social Security system, as established under the pertinent organic law.
p.(None):
p.(None): Article 329: The Army, Navy and Air Force have as their essential responsibility the planning, execution
p.(None): and control of military operations as required to ensure the defense of the Nation. The National Guard shall cooperate
p.(None): in the carrying out of these operations, and shall have as its basic responsibility that of conducting
p.(None): operations as required to maintain internal order within the country. The National Armed Forces shall
p.(None): carry out activities of administrative policing and criminal investigation activities as provided for by law.
p.(None):
p.(None): Article 330: Members* of the National Armed Forces on active duty have the right to vote in accordance with law, but
p.(None): are not permitted to run for any office filled by popular vote, nor to participate in acts of political advertising,
p.(None): militancy or proselytizing.
p.(None):
p.(None): Article 331: Military promotions shall be in accordance with merit, hierarchy and vacancies. They are the
p.(None): exclusive prerogative of the National Armed Forces, and shall be regulated by the pertinent law.
p.(None):
p.(None): Chapter IV
p.(None): Civilian Security Organs
p.(None):
p.(None): Article 332: The National Executive, in accordance with law, to maintain, and restore public order; protect
p.(None): citizens, homes and families; support the decisions of the competent authorities and ensure the peaceful enjoyment
p.(None): of constitutional guarantees and rights, shall organize:
p.(None):
p.(None): (1) A uniformed national police corps.
p.(None):
p.(None): (2) A scientific, criminal and criminological investigation corps.
p.(None):
p.(None): (3) A civilian fire department and emergency management corps.
p.(None):
p.(None): (4) A civil defense and disaster management organization.
p.(None):
p.(None): Organs of civilian security are of civil nature and shall respect human dignity and human rights, without
p.(None): discrimination of any kind. The functions of the civilian security organs constitute a concurrent competence with
p.(None): those of the States and Municipalities, on the terms established in this Constitution and the law.
p.(None):
p.(None): TITLE VIII PROTECTION OF THE CONSTITUTION
p.(None):
p.(None): Chapter 1
p.(None): Guarantee of the Constitution
p.(None):
...
p.(None):
p.(None): (5) To verify, at the request of the President* of the Republic or the National Assembly, the
p.(None): constitutionality of international treaties signed by the Republic, prior to ratification of the same.
p.(None):
p.(None): (6) To review in all cases, even ex officio, the constitutionality of decree of the President* of the Republic
p.(None): decreeing states of exception.
p.(None):
p.(None): (7) To declare the unconstitutionality of omissions on the part of the municipal, state, national or
p.(None): legislatures, in failing to promulgate rules or measures essential to guaranteeing compliance with the
p.(None): Constitution, or promulgating it in an incomplete manner; and to establish the time limit and, where necessary,
p.(None): guidelines for correcting the deficiencies.
p.(None):
p.(None): (8) To resolve any conflicts existing between different provisions of law, and declare which of the same must prevail.
p.(None):
p.(None): (9) To resolve constitutional controversies arising between any of the organs of Public Power.
p.(None):
p.(None): (10) To review judgments embodying constitutional protective orders or control on the constitutionality of laws
p.(None): or juridical rules, handed down by the courts of the Republic, on the terms established by the pertinent
p.(None): organic law.
p.(None):
p.(None): (11) Any other functions established by this Constitution or by law.
p.(None):
p.(None): Chapter 11
p.(None): States of Exception
p.(None):
p.(None): Article 337: The President* of the Republic, at a meeting of the Cabinet of Ministers, shall have the power to
p.(None): decree states of exception. Expressly defined as such are circumstances of a social, economic, political,
p.(None): natural or ecological nature which seriously affect the security of the Nation, institutions and citizens*, in the
p.(None): face of which the powers available to cope with such events are insufficient. In such case, the guarantees
p.(None): contained in this Constitution may be temporarily restricted, with the exception of those relating
p.(None): to the right to life, prohibition of incommunicative detention or torture, the right to due process, the right to
p.(None): information and other intangible human rights.
p.(None):
p.(None): Article 338: A state of alarm may be declared when catastrophes, public calamities or other similar events occur,
p.(None): seriously endangering the security of the Nation or its citizens*. Such state of exception shall last for up to
p.(None): 30 days, and may be extended for an additional 30 days. A state of economic emergency may be declared when
p.(None): extraordinary economic circumstances arise, such as to affect seriously the economic life of the Nation; the duration
p.(None): of this state of emergency shall be 60 days, with the possibility of extension for the same period. A state of
p.(None): internal or external commotion may be declared in the event of an internal or external conflict seriously endangering
p.(None): the security of the Nation, its citizens* or its institutions. Such state of commotion shall last for up to 90 days,
p.(None): and may be extended for an additional 90 days. The National Assembly has the responsibility of the approval for the
p.(None): extension of the states of exemption. An organic law shall regulate states of exception and determine the measures that
p.(None): may be adopted based on them.
p.(None):
p.(None): Article 339: The Decree declaring a state of exception, which shall provide for regulating the right whose
p.(None): guarantee is restricted, shall be submitted within eight days of promulgation for consideration
p.(None): and approval by the National Assembly, or Delegated Committee and for a ruling by the Constitutional
p.(None): Division of the Supreme Tribunal or Justice on its constitutionality. The Decree must be in compliance with the
p.(None): requirements, principles and guarantees established in the International Pact on Civil and Political flights
p.(None): and the American Convention on Human Rights. The President* of the Republic shall have the power to request its
p.(None): extension for a similar period, and the Decree shall be revoked by the National Executive or by the National Assembly
p.(None): or the latter's Delegated Committee prior to the indicated date of expiration upon cessation of the
p.(None): conditions which produced them. The declaration of a state of exception does not interrupt the functioning
p.(None): of the organs of the Public Power.
p.(None):
p.(None): TITLE IX CONSTITUTIONAL REFORMS
p.(None): Chapter 1
p.(None): Amendments
p.(None):
p.(None): Article 340: The purpose of an amendment is to add to or modify one or more articles of the Constitution, without
p.(None): altering the fundamental structure of the same.
p.(None): Article 341: The procedure for adopting amendments to the Constitution shall be as follows:
p.(None):
p.(None): (1) The initiative may emanate from 15% of the citizens* registered with the Civil and Electoral Registry, from 39% of
p.(None): the members of the National Assembly or from the President* of the Republic, sitting with the Cabinet of Ministers.
p.(None):
p.(None): (2) When the initiative emanates from the National Assembly, the amendment shall require approval
p.(None): by a majority of the members of that body, and shall be debated in accordance with the procedure established
p.(None): under this Constitution for the enactment of laws.
p.(None):
p.(None): (3) Electoral Power shall submit the amendments to a referendum within 30 days of formally receiving the same.
p.(None):
p.(None): (4) Amendments shall be deemed approved in accordance with the provisions of this Constitution and the
p.(None): law concerning the approval referendum.
p.(None):
...
p.(None): organic labor procedural law shall be guided by the principles of gratuitous service, expeditiousness, oral
p.(None): proceedings, immediacy, priority on the reality of the facts, equity and guiding authority of the judge
p.(None): in the proceedings.
p.(None):
p.(None): (5) The legislation relating to the Judicial System, National Public Administration, Citizen Power,
p.(None): Electoral Power, tax laws, Budgeting Law, and Public Credit Law. An organic law on public defense. Until this law is
p.(None): passed, the Commission on the Functioning and Restructuring of the Judicial System shall be in charge of
p.(None): the development and effective functioning of the Autonomous Public Defender System, in order to guarantee
p.(None): the right to a defense.
p.(None):
p.(None): (6) A law developing the public finances of the States, establishing, in a manner consistent with the principles
p.(None): and rules of this Constitution, the taxes included in the same, the mechanisms for their application and the
p.(None): provisions regulating them.
p.(None):
p.(None): (7) Legislation developing the constitutional principles concerning municipal regime. In accordance
p.(None): with such legislation, the legislative organs of the States shall proceed to pass the normative
p.(None): instruments appropriate to the organizational powers assigned to them with respect to the Municipalities and other
p.(None): local organs, and the territorial political divisions in each jurisdiction. The existing Municipalities and
p.(None): parishes shall continue existing until they have been adapted to the new regime provided for under such
p.(None): legislation.
p.(None):
p.(None): (8) The law by which the Venezuelan Central Bank is to be governed. Among other matters, this law shall
p.(None): provide for the scope of the functions and manner of organization of this entity; the functions, term of
p.(None): office, manner of election, removal, incompatibilities, regime and requirements for the designation of its
p.(None): Chairman and Directors; the accounting rules for establishing its reserves and the manner in which its profits
p.(None): are to be applied; the annual independent audit of accounts and balances by firms of specialists selected by the
p.(None): National Executive and subsequent control by the Office of the General Comptroller of the Republic regarding
p.(None): the legality, sincerity, opportunity, efficacy and efficiency of the administrative activity of
p.(None): the Venezuelan Central Bank. The law shall provide the Chairman* and other members* of the Board of Directors of
p.(None): the Venezuelan Central Bank shall represent exclusively the national interest, to which end it shall provide
p.(None): for public proceedings to evaluate the merits and credentials of candidates for the aforementioned positions. The law
p.(None): shall provide that the Executive Power shall have the power to designate no less than half of the Directors as
p.(None): well as the Chairman of the Venezuelan Central Bank, and shall establish the terms for participation by the
p.(None): Legislative Power in the designation and ratification of these authorities.
p.(None):
...
Searching for indicator partisan:
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p.(None): services sufficiently equipped to ensure the admission process, ongoing education and program completion in the
p.(None): education system. The law shall guarantee equal attention to persons with special needs or disabilities, and to
p.(None): those who have been deprived of liberty or do not meet the basic conditions for admission to and continuing
p.(None): enrollment in the education system. The contributions of private individuals to public education
p.(None): programs at the secondary and university levels shall be tax deductible in accordance with the pertinent law.
p.(None): Article 104: Persons of recognized good moral character and proven academic qualifications shall be
p.(None): placed in charge of education. The State shall encourage them to remain continuously up to date, and shall
p.(None): guarantee stability in the practice of the teaching profession, whether in public or private institutions,
p.(None): in accordance with this Constitution and the law, with working conditions and a standard of living commensurate
p.(None): with the importance of their mission. Admissions, promotion and continued enrollment in the education system shall be
p.(None): provided for by law, and shall be responsive to evaluation criteria based on merit, to the exclusion of
p.(None): any partisan or other nonacademic interference.
p.(None):
p.(None): Article 105: The professions requiring a degree and the conditions that must be met to practice them, including,
p.(None): professional organization membership, shall be determined by law.
p.(None):
p.(None): Article 106: Every natural or juridical person, subject, to demonstration of its ability and provided it meets at all
p.(None): times the ethical, academic, scientific, financial, infrastructure and any other requirements that may be established
p.(None): by law, shall be permitted to found and maintain private educational institutions under the strict inspection and
p.(None): vigilance of the State, with the prior approval of the latter.
p.(None):
p.(None): Article 107: Environmental education is obligatory in the various levels and modes of the education system, as well
p.(None): as in informal civil education. Spanish, Venezuelan geography and history and the principles of the Bolivarian
p.(None): thought shall be compulsory courses at public and private institutions up to the diversified cycle level.
p.(None):
p.(None): Article 108: The communications media, public and private, shall contribute to civil education. The State
p.(None): guarantees public radio and television services and library and computer networks, with a view to permitting
p.(None): universal access to information. Education centers are to incorporate knowledge and application of new
...
p.(None): foundations or organs of any nature, shall be subject to State Control in such form as may be established by law.
p.(None):
p.(None): Article 143: Citizens* have the right to be informed by Public Administration, in a timely and truthful
p.(None): manner, of the status of proceedings in which they have a direct interest, and to be apprised of any final
p.(None): decisions adopted in the matter. Likewise, they have access to administrative files and records, without prejudice to
p.(None): the limits acceptable in a democratic society in matters relating to internal and external security,
p.(None): criminal, investigation and the intimacy of private life, in accordance with law regulating the matter of
p.(None): classification of documents with contents which are confidential or secret. No censorship of public officials*
p.(None): reporting on matters for which they are responsible shall be permitted.
p.(None):
p.(None): Section Three: Public Functions
p.(None):
p.(None): Article 144: Statutes governing public functions shall be enacted by law, with rules concerning entering,
p.(None): promotion, transfers, suspension and removal of employees* of Public Administration, and will provide for their
p.(None): incorporation into Social Security. The duties and requirements that are to be met by public employees* in the exercise
p.(None): of their official functions shall be determined by law. Article 145: Public officials or employees serve the state, and
p.(None): not any partisan interest. Their appointment and removal shall not be determined based on political affiliation or
p.(None): orientation. A person who is in the service of the Municipalities, the States, the Republic, or any other State public
p.(None): or private juridical persons, shall not be permitted to enter into a contract of any kind with them,
p.(None): either
p.(None):
p.(None): directly or through any interposed person, or as representative of another, with such exceptions as may be
p.(None): established by law.
p.(None):
p.(None): Article 146: Positions in the organs of Public Administration are to be filled by career personnel. Exceptions are
p.(None): those elected by popular vote, those whose holders may be appointed and removed freely, those contracted* for,
p.(None): laborers* in the service of Public Administration and any others determined by law. Engagement of public officials* to
p.(None): fill career positions shall be by public competition, based on principles of honesty, capability and efficiency.
p.(None): Promotion shall be governed by scientific methods based on the merit system, and transfer, suspension and
p.(None): removal shall depend on performance.
p.(None):
p.(None): Article 147: In order for paid public positions to be filled, it is necessary that the pertinent
p.(None): compensation be provided for in the pertinent budget. Public Administration salary scales shall be
p.(None): established by regulation, in accordance with law. The pertinent organic law may establish reasonable limits on
p.(None): the compensation earned by national, state and municipal public officials*. The national law shall establish the
p.(None): pension or retirement system for national, state and municipal public officials*.
...
p.(None): of public competitions to ensure the capability and excellence of the participants, with selection by the juries of the
p.(None): judicial circuits, in such manner and on such terms as may be established by law. The appointment and
p.(None): swearing in of judges shall be the responsibility of the Supreme Tribunal of Justice. Citizen participation in the
p.(None): process of selecting and designating judges* shall be guaranteed by law. Judges* shall be removed or suspended from
p.(None): office only through the procedures expressly provided for by law. Measures shall be taken by law to promote the
p.(None): professionalism of judges*, and the universities shall cooperate to this end, organizing their corresponding
p.(None): law schools curricula to specialized studies in judicial practice. Judges are personally liable, on such terms as
p.(None): may be determined by law, for unjustified omissions, delay or errors, for substantial failure to observe
p.(None): the rules of procedure, for denial of justice, for partiality and for the criminal offenses of bribery and
p.(None): prevarication in office.
p.(None):
p.(None): Article 256: In order to guarantee impartiality and independence in the exercise of their official functions,
p.(None): magistrates*, judges*, prosecutors* in the Office of Public Prosecutions and public defenders, from
p.(None): the date of their appointment until they leave office, shall not be permitted, otherwise than by exercising
p.(None): their right to vote, to engage in partisan political, professional association, trade union or similar
p.(None): activism; nor to engage in private activities for profit which are incompatible with their official functions, either
p.(None): directly or through any interposed person; nor to perform any other public functions, with the exception of
p.(None): educational activities. Judges* shall not be permitted to form associations among themselves
p.(None):
p.(None): Article 257: Procedure represents a fundamental instrument for the administration of justice. Procedural laws
p.(None): shall provide for the simplification, uniformity and efficiency of legal formalities, and shall adopt expeditious, oral
p.(None): and public procedures. Justice shall not be sacrificed because of the omission of nonessential formalities.
p.(None):
p.(None): Article 258: Justice of peace in communities shall be organized by law. Justices* of peace shall be
p.(None): elected by universal suffrage, directly and by secret ballot, in accordance with law. The law shall encourage
p.(None): arbitration, conciliation, mediation and any other alternative means for resolving conflicts.
p.(None):
p.(None): Article 259: Competence over contentious administrative law proceedings shall be vested in the Supreme
p.(None): Tribunal of Justice and such other courts as may be determined by law. Organs with jurisdiction in the field of
...
Political / stateless persons
Searching for indicator nation:
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p.(None): Constitution of the Bolivarian Republic of Venezuela
p.(None): (in English translation from the original legal text) NATIONAL CONSTITUENT ASSEMBLY PREAMBLE
p.(None): The people of Venezuela, exercising their powers of creation and invoking the protection of God, the historic
p.(None): example of our Liberator Simon Bolivar and the heroism and sacrifice of our aboriginal ancestors and the
p.(None): forerunners and founders of a free and sovereign nation; to the supreme end of reshaping the Republic to
p.(None): establish a democratic, participatory and self-reliant, multiethnic and multicultural society in a just, federal and
p.(None): decentralized State that embodies the values of freedom, independence, peace, solidarity, the common good, the nation's
p.(None): territorial integrity, comity and the rule of law for this and future generations; guarantees the right to life, work,
p.(None): learning, education, social justice and equality, without discrimination or subordination of any kind;
p.(None): promotes peaceful cooperation among nations and furthers and strengthens Latin American integration in
p.(None): accordance with the principle of nonintervention and national self-determination of the people, the universal and
p.(None): indivisible guarantee of human rights, the democratization of imitational society, nuclear disarmament, ecological
p.(None): balance and environmental resources as the common and inalienable heritage of humanity; exercising their
p.(None): innate power through their representatives comprising the National Constituent Assembly, by their freely cast
p.(None): vote and in a democratic Referendum, hereby ordain the following:
p.(None):
p.(None): CONSTITUTION TITLE 1
p.(None): FUNDAMENTAL PRINCIPLES
p.(None):
p.(None): Article 1: The Bolivarian Republic of Venezuela is irrevocably free and independent, basing its moral
p.(None): property and values of freedom, equality, justice and international peace on the doctrine of Simon Bolivar, the
p.(None): Liberator. Independence, liberty, sovereignty, immunity, territorial integrity and national self-determination are
p.(None): unrenounceable rights of the Nation.
p.(None):
p.(None): Article 2: Venezuela constitutes itself as a Democratic and Social State of Law and Justice, which holds
p.(None): as superior values of its legal order and actions those of life, liberty, justice, equality, solidarity,
p.(None): democracy, social responsibility and, in general, the preeminence of human rights, ethics and political
p.(None): pluralism.
p.(None):
p.(None): Article 3: The essential purposes of the State are the protection and development of the individual and respect for the
p.(None): dignity of the individual, the democratic exercise of the will of the people, the building of a just and peace
p.(None): loving society, the furtherance of the prosperity and welfare of the people and the guaranteeing of the
p.(None): Fulfillment of the
p.(None):
p.(None): principles, rights and duties established in this Constitution. Education and work are the fundamental processes for
p.(None): guaranteeing these purposes.
p.(None):
p.(None): Article 4: The Bolivarian Republic of Venezuela is a decentralized Federal State on the terms set forth in this
p.(None): Constitution, governed by the principles of territorial integrity, cooperation, solidarity, attendance and
p.(None): shared responsibility.
p.(None):
p.(None): Article 5: Sovereignty resides untransferable in the people, who exercise it directly in the manner provided for in
p.(None): this Constitution and in the law, and indirectly, by suffrage, through the organs exercising Public Power. The
p.(None): organs of the State emanate from and are subject to the sovereignty of the people.
p.(None):
p.(None): Article 6: The government of the Bolivarian Republic of Venezuela and of the political organs comprising the same,
p.(None): is and shall always be democratic, participatory, elective, decentralized, alternative, responsible and
p.(None): pluralist, with revocable mandates.
p.(None):
p.(None): Article 7: The Constitution is the supreme law and foundation of the legal order. All persons and organs
p.(None): exercising Public Power are subject to this Constitution.
p.(None):
p.(None): Article 8: The national flag with its yellow, blue and red stripes, the National Anthem "Gloria al bravo pueblo"
p.(None): (Glory to the Brave People), and the coat of arms of the Republic are the symbols of the native land.
p.(None): Law shall regulate their characteristics, meaning and use.
p.(None):
p.(None): Article 9: Spanish is the official language. The use of native languages also has official status for native peoples,
p.(None): and must be respected throughout the territory of the Republic, as constituting part of the cultural heritage of the
p.(None): Nation and humanity.
p.(None):
p.(None): TITLE II
p.(None):
p.(None): GEOGRAPHICAL SPACES AND POLITICAL DIVISION
p.(None):
p.(None): Chapter I
p.(None):
p.(None): Territory and Other Geographical Spaces
p.(None):
p.(None): Article 10: The territory and other geographical spaces of the Republic are those which belonged to the
p.(None): Captaincy-General of Venezuela before the political transformation begun on April 19, 1810, as amended by
p.(None): virtue of the treaties and arbitration awards which have not been vitiated with nullity.
p.(None):
p.(None): Article 11: The full sovereignty of the Republic is exercised on the continental, and insular spaces, lake
p.(None): and river spaces, territorial sea, historic, vital and inland sea areas, and those lying within such straight baselines
p.(None): as have been adopted or may come to be adopted by the Republic; seabed and under the seabed of the
p.(None): aforementioned; the continental, insular and maritime air space and the resources located within
p.(None): the
p.(None):
p.(None): aforementioned spaces, including genetic resources, migratory species, derived products and any intangible
p.(None): components that may be present within the aforementioned spaces because of natural causes. The insular space of
p.(None): the Republic includes the Archipelago of Los Monjes, Las Aves, Los Roques, La Orchila, La Tortuga, La
p.(None): Blanquilla, Los Hermanos, islands of Margarita, Cubagua and Coche, Los Frailes, La Sola Island, Los
p.(None): Testigos Archipelago, Patos Island and Aves Island, as well as the islands, islets, keys and banks located or coming in
p.(None): the future to emerge from the territorial sea, that covering the continental shelf or that lying within the limits of
p.(None): the exclusive economic zone. As to the water spaces consisting of the contiguous maritime zone, the continental sheaf
p.(None): and the exclusive economic zone, the Republic exercises exclusive rights of sovereignty and jurisdiction on
p.(None): such terms, to such extent and subject to such conditions as may be determined by public international law
p.(None): and national law. The Republic has rights in outer space and in those areas which are or may be the Common
p.(None): Property of Humanity, on such terms, to such extent and subject to such conditions as may be determined by public
p.(None): international agreements and by the national legislation.
p.(None):
p.(None): Article 12: Mineral and hydrocarbon deposits of any nature that exist within the territory of the nation, beneath the
p.(None): territorial sea bed, within the exclusive economic zone and on the continental shelf, are the property of the Republic,
p.(None): are of public domain, and therefore inalienable and not transferable. The seacoasts are public domain property.
p.(None):
p.(None): Article 13: The territory shall never be assigned, transferred, leased or in any manner whatsoever
p.(None): conveyed, even temporarily or partially, to foreign States or other international law subjects. The
p.(None): geographical space of Venezuela is an area of peace. No foreign military bases or facilities having purposes that are
p.(None): in any way military shall be established within such space by any power or coalition of powers. Foreign
p.(None): States or other international law subjects shall be permitted to acquire real property only for the quarters of
p.(None): their diplomatic or consular delegations, within such area as may be determined and subject to guarantees
p.(None): of reciprocity, with such limitations as may be established by law. In all such cases, national sovereignty
p.(None): shall remain intact. There shall be no conveyance of title to vacant land existing within the federal dependencies and
p.(None): on islands in rivers and lakes, and the right to use the same shall be granted only in a manner that does not involve,
p.(None): directly or indirectly, the transfer of title to the land.
p.(None):
p.(None): Article 14: The law shall establish a special legal regime for those territories which, by the freely adopted
p.(None): decision of their inhabitants and with the approval of the National Assembly, come to be incorporated into
p.(None): the territory of the Republic.
p.(None):
p.(None): Article 15: The State is responsible for establishing an overall policy in land, insular and maritime border areas,
p.(None): preserving the territorial integrity, sovereignty, security, defense, national identity, diversity and environment
p.(None): in accordance with cultural, economic and social development and integration. Taking into account the
p.(None): inherent nature of each border region through special financial allocations, an Organic Law on Borders
p.(None): shall determine the obligations and objectives comprising this responsibility.
p.(None):
p.(None): Chapter 11
p.(None):
p.(None): Political Division
p.(None):
p.(None): Article 16: For purposes of the political organization of the Republic, the territory of the nation is divided into
p.(None): those of the States, the Capital District, federal dependencies and federal territories. The territory is organized
p.(None): into Municipalities. The political division of the territory shall be regulated by an organic law which shall
p.(None): guarantee municipal autonomy and administrative/political decentralization. Such law may provide for the
p.(None): creation of federal territorial in certain areas within the States, the taking effect of which shall be subject to
p.(None): the holding of a referendum to approve the same in the organ concerned. By special law, a federal territory
p.(None): may be given the status of a State; being allocated part or all of the territorial area concerned.
p.(None):
p.(None): Article 17: Federal dependencies are the maritime islands which are not incorporated into the territory of a
p.(None): State, as well as any island that may form or appear in the territorial sea or that covering the continental
p.(None): sheaf. Their regime and administration shall be provided by law.
p.(None):
p.(None): Article 18: The city of Caracas is the capital of the Republic and the seat of the organs of National Power. The
p.(None): provisions of this article shall not prevent the exercise of National Power elsewhere in the Republic. A special law
p.(None): shall establish the territorial and political unit of the city of Caracas, incorporating into a two-tier system of
p.(None): municipal government the Municipalities of the Capital District and those of the State of Miranda. Such
...
p.(None):
p.(None): Chapter VI
p.(None): Culture and Educational Rights
p.(None):
p.(None): Article 98: Cultural creation is free. This freedom includes the right to invest in, produce and disseminate the
p.(None): creative, scientific, technical and humanistic work, as well as legal protection of the author's* rights in his
p.(None): works. The State recognizes and protects
p.(None):
p.(None): intellectual property rights in scientific, literary and artistic works, inventions, innovations,
p.(None): trade names, patents, trademarks and slogans, in accordance with the conditions and exceptions established by
p.(None): law and the international treaties executed and ratified by the Republic in this field.
p.(None):
p.(None): Article 99: Cultural values are the unrenounceable property of the Venezuelan people and a fundamental right
p.(None): to be encouraged and guaranteed by the State, efforts being made to provide the necessary conditions, legal
p.(None): instruments, means and funding. The autonomy of the public administration of culture is recognized, on such terms as
p.(None): may be established by law. The State guarantees the protection and preservation, enrichment, conservation and
p.(None): restoration of the cultural tangible and intangible heritage and the historic memories of the nation. The assets
p.(None): constituting the cultural heritage of the nation are inalienable, not subject to distrait or to statute of
p.(None): limitations. Penalties and sanctions for damage caused to these assets shall be provided for by law.
p.(None):
p.(None): Article 100: The folk cultures comprising the national identity of Venezuela enjoy special attention, with
p.(None): recognition of and respect for intercultural relations under the principle of equality of cultures. Incentives
p.(None): and inducements shall be provided for by law for persons, institutions and communities which promote, support,
p.(None): develop or finance cultural plans, programs and activities within the country and Venezuelan culture abroad. The
p.(None): State guarantees cultural workers inclusion in the Social security system to provide them with a dignified life,
p.(None): recognizing the idiosyncrasies of cultural work, in accordance with law.
p.(None):
p.(None): Article 101: The State guarantees the issuance, receiving and circulation of cultural information. The
p.(None): communications media have the duty of assisting in the dissemination of the values of folk traditions and the
p.(None): work of artists, writers , composers*, motion- picture directors*, scientists* and other creators* of culture of
p.(None): the country. The television media shall include subtitles and translation into Venezuelan sign language for persons
p.(None): with hearing problems. The terms and modalities of these obligations, shall be established by law.
p.(None):
...
p.(None): vigilance of the State, with the prior approval of the latter.
p.(None):
p.(None): Article 107: Environmental education is obligatory in the various levels and modes of the education system, as well
p.(None): as in informal civil education. Spanish, Venezuelan geography and history and the principles of the Bolivarian
p.(None): thought shall be compulsory courses at public and private institutions up to the diversified cycle level.
p.(None):
p.(None): Article 108: The communications media, public and private, shall contribute to civil education. The State
p.(None): guarantees public radio and television services and library and computer networks, with a view to permitting
p.(None): universal access to information. Education centers are to incorporate knowledge and application of new
p.(None): technologies and the resulting innovations, in accordance with such requirements as may be established by law to this
p.(None): end.
p.(None):
p.(None): Article 109: The State shall recognize the autonomy of universities as a principle and status that
p.(None): allows teachers*, students* and graduates from its community, to devote themselves to the search for
p.(None): knowledge through research in the fields of science, humanistic and technology, for the spiritual
p.(None): and material benefit of the Nation. Autonomous universities shall adopt their own rules for their governance
p.(None): and operation and the efficient management of their property, under such control and vigilance as may be established by
p.(None): law to this end. Autonomy of universities is established in the planning, organization, preparation and updating of
p.(None): research, teaching and extension programs. The inviolability of the university campus is established.
p.(None): Experimental national universities shall attain their autonomy in accordance with law.
p.(None):
p.(None): Article 110: The State recognizes as being in the public interest science, technology, knowledge,
p.(None): innovation and the resulting applications, and the necessary information services, the same being fundamental
p.(None): instruments for the country's economic, social and political development, as well as for national sovereignty and
p.(None): security. To promote and develop these activities, the State shall allocate sufficient resources and shall
p.(None): create a national science and technology system in accordance with law. The private sector shall contribute with
p.(None): resources as well. The State shall guarantee the enforcement of the ethical and legal principles that are to
p.(None): govern research activities in science, humanism and technology. The manners and means of fulfilling this
p.(None): guarantee shall be determined by law.
p.(None):
p.(None): Article 111: All persons have a right to sports and recreation as activities beneficial to individual and collective
...
p.(None): industry, without prejudice to the power of the State to promulgate
p.(None):
p.(None): measures to plan, rationalize and regulate the economy and promote the overall development of the
p.(None): country.
p.(None):
p.(None): Article 113: Monopolies shall not be permitted. Any act, activity, conduct or agreement of private individuals*
p.(None): which is intended to establish a monopoly or which leads by reason of its actual effects to the existence of
p.(None): a monopoly, regardless of the intentions of the persons involved, and whatever the form it actually takes, is hereby
p.(None): declared contrary to the fundamental principles of this Constitution. Also contrary to such principles is
p.(None): abuse of a position of dominance which a private individual, a group of individuals or a business enterprise or group
p.(None): of enterprises acquires or has acquired in a given market of goods or services, regardless of what factors caused such
p.(None): position of dominance, as well as in the event of a concentration of demand. In all of the cases indicated, the State
p.(None): shall be required to adopt such measures as may be necessary to prevent the harmful and restrictive
p.(None): effects of monopoly, abuse of a position of dominance and a concentration of demand, with the purpose of
p.(None): protecting consumers and producers* and ensuring the existence of genuine competitive conditions in
p.(None): the economy. In the case of the exploitation of natural resources which are the property of the Nation or
p.(None): the providing of services of a public nature, on an exclusive basis or otherwise, the State shall grant
p.(None): concessions for a certain period, in all cases ensuring the existence of adequate consideration or
p.(None): compensation to serve the public interest.
p.(None):
p.(None): Article 114: Economic crime, speculation, hoarding, usury, the formation of cartels and other related offenses, shall
p.(None): be punished severely in accordance with law.
p.(None):
p.(None): Article 115: The right of property is guaranteed. Every person has the right to the use, enjoyment, usufruct and
p.(None): disposal of his or her goods. Property shall be subject to such contributions, restrictions and obligations as may be
p.(None): established by law in the service of the public or general interest. Only for reasons of public benefit or social
p.(None): interest by final judgment, with timely payment of fair compensation, the expropriation of any kind of
p.(None): property may be declared.
p.(None):
p.(None): Article 116: Confiscation of property shall not be ordered and carried out, but in the cases permitted by
p.(None): this Constitution. As an exceptional measure, the property of natural or legal persons of Venezuelan or foreign
p.(None): nationality who are responsible for crimes committed against public patrimony may be subject to
...
p.(None): national economy, and to define their priorities. Native peoples have the right to professional training services
p.(None): and to participate in the preparation, implementation and management of specific training programs and technical and
p.(None): financial assistance services to strengthen their economic activities within the framework of sustainable
p.(None): local development. The State shall guarantee to workers belonging to native peoples the enjoyment of the rights
p.(None): granted under labor legislation.
p.(None):
p.(None):
p.(None): Article 124: Collective intellectual property rights in the knowledge, technologies and innovations of
p.(None): native peoples are guaranteed and protected. Any activity relating to genetic resources and the knowledge
p.(None): associated with the same, shall pursue collective benefits. The registry of patents on this ancestral
p.(None): knowledge and these resources is prohibited.
p.(None):
p.(None): Article 125: Native peoples have the right to participate in politics. The State shall guarantee native
p.(None): representation in the National Assembly and the deliberating organs of federal and local entities with a native
p.(None): population, in accordance with law.
p.(None): Article 126: Native peoples, as cultures with ancestral roots, are part of the Nation, the State and the Venezuelan
p.(None): people, which is one, sovereign and indivisible. In accordance with this Constitution, they have the duty of
p.(None): safeguarding the integrity and sovereignty of the nation. The term people in this Constitution shall in no way be
p.(None): interpreted with the implication it is imputed in international law.
p.(None):
p.(None): Chapter IX
p.(None): Environmental Rights
p.(None):
p.(None): Article 127: It is the right and duty of each generation to protect and maintain the environment for
p.(None): its own benefit and that of the world of the future. Everyone has the right, individually and
p.(None): collectively, to enjoy a safe, healthful and ecologically balanced life and environment. The State shall protect
p.(None): the environment, biological and genetic diversity, ecological processes, national parks and natural monuments, and
p.(None): other areas of particular ecological importance. The genome of a living being shall not be patentable, and the field
p.(None): shall be regulated by the law relating to the principles of bioethics. It is a fundamental duty of the State, with the
p.(None): active participation of society, to ensure that the populace develops in a pollution-free environment in which
p.(None): air, water, soil, coasts, climate, the ozone layer and living species receive special protection, in accordance with
p.(None): law.
p.(None): Article 128: The State shall develop a zoning policy taking into account ecological, geographic,
p.(None): demographic, social, cultural, economic and political realities, in accordance with the premises of sustainable
p.(None): development, including information, consultation and male/female participation by citizens. An organic law
p.(None): shall develop the principles and criteria for this zoning.
p.(None):
p.(None): Article 129: Any activities capable of generating damage to ecosystems must be preceded by environmental
p.(None): and socio-cultural impact studies. The State shall prevent toxic and hazardous waste from entering
p.(None): the country, as well as preventing the manufacture and use of nuclear, chemical and biological
p.(None): weapons. A special law shall regulate the use, handling, transportation and storage of toxic and hazardous
p.(None): substances. In contracts into which the Republic enters with natural or juridical persons of
p.(None): Venezuelan or foreign nationality, or in any permits granted which involve natural resources, the obligation
p.(None): to preserve the ecological balance, to permit access to, and the transfer of technology on mutually agreed terms
p.(None): and to restore the environment to its
p.(None):
p.(None): natural state if the latter is altered, shall be deemed included even if not expressed, on such terms as may be
p.(None): established by law.
p.(None): Chapter X
p.(None): Duties
p.(None): Article 130: Venezuelans* have the duty to honor and defend their native land symbols and cultural values and to
p.(None): guard and protect the sovereignty, nationhood, territorial integrity, self determination and interests of the
p.(None): nation.
p.(None):
p.(None): Article 131: Everyone has the duty to comply with and obey this Constitution and the laws and other official acts
p.(None): promulgated by the organs of Public Power.
p.(None):
p.(None): Article 132: Everyone has a duty to fulfill his or her social responsibilities and participate together in
p.(None): the political, civic and community life of the country, promoting and protecting human rights as the foundation
p.(None): of democratic coexistence and social peace.
p.(None): Article 133: Everyone has the duty to contribute toward public expenditures by paying such taxes, assessments and
p.(None): contributions as may be established by law.
p.(None):
p.(None): Article 134: Everyone, in accordance with law, has the duty to perform such civilian or military service as may be
p.(None): necessary for the defense, preservation and development of the country, or to deal with situations involving a public
p.(None): calamity. No one shall be subjected to forcible recruitment. Everyone has the duty of rendering its services in the
p.(None): electoral functions assigned to them by law.
p.(None):
p.(None): Article 135: The obligations incumbent upon the State in accordance with this Constitution and
p.(None): the law, in Fulfillment of the States commitments to the general welfare of society, do not preclude the
p.(None): obligations which, by virtue of solidarity, social responsibility and humanitarian assistance, are
p.(None): incumbent upon private individuals according to their abilities. Appropriate provisions shall be enacted by law to
p.(None): compel the Fulfillment of these obligations in those cases in which such compulsion is necessary. Those
...
p.(None): cultural and archaeological heritage; agriculture; immigration and population; native people and the
p.(None): territories they occupy; labor, Welfare and Social Security; animal and vegetable hygiene; notarial and public
p.(None): record offices; banks and insurance; lotteries, racetracks and betting in general; organization and functioning of the
p.(None): organs of National Public Power and other organs and institutions at the national level; and all matters of
p.(None): national competence in general.
p.(None):
p.(None): (33) Any other matters which the present Constitution may assign to National Public Power, or which by
p.(None): their nature or type come under its competence.
p.(None):
p.(None): Article 157: The National Assembly, by a majority vote of its members, shall have the power to delegate to the
p.(None): States or Municipalities certain matters under national competence, in order to promote decentralization.
p.(None): Article 158: Decentralization, as a national policy, must add depth to democracy, bring power closer to the people
p.(None): and creating optimum conditions both for the exercise of democracy and for the effective and efficient
p.(None): Fulfillment of government commitments.
p.(None): Chapter 111
p.(None): State Public Power
p.(None): Article 159: The States are politically equal and autonomous organs with full juridical personality, and are obligated
p.(None): to maintain the independence, sovereignty and integrity of the nation and to comply with and enforce the Constitution
p.(None): and the laws of the Republic. Article 160: A Governor is in charge of the government and administration of each State.
p.(None): A Governor* must be a Venezuelan* over the age of 25 who is not a member of the clergy. The Governor*
p.(None): shall be elected for a term of four years by a majority vote. The Governor* can be re-elected to an additional term
p.(None): only immediately and only once.
p.(None): Article 161: Governors* shall give a yearly public accounting to the State Comptroller for their office, and shall
p.(None): submit a report on the same to the Legislative Council and the Public Policy Planning and Coordination Council.
p.(None): Article 162: Legislative Authority shall be exercised in each State by a Legislative Council-consisting of
p.(None): no more than fifteen and at least seven members, who shall
p.(None):
p.(None): proportionally represent the population of the State and the Municipalities. The Legislative
p.(None): Council shall have the following powers:
p.(None):
p.(None): (1) To legislate matters within state competence.
p.(None):
p.(None): (2) Pass the state's Budget Law.
p.(None):
p.(None): (3) Any others vested in it by this Constitution or by the law.
p.(None):
p.(None): The requirements for being a member of the Legislative Council, the obligation to give a yearly accounting and immunity
p.(None): within the territorial jurisdiction, shall be governed by the rules established by this Constitution for deputies* of
p.(None): the National Assembly, insofar as applicable. State legislators* shall be elected for a four-year term, being eligible
...
p.(None): Budget, the constitutional revenue share shall be adjusted in the same proportion.
p.(None):
p.(None): (2) Principles, rules and procedures with a view to ensure the proper and efficient use of the resources deriving
p.(None): from the constitutional revenue share and the share of the Municipalities therein shall be established by
p.(None): law.
p.(None):
p.(None): (3) Any other taxes, charges and special contributions that may be allocated to them by national law for the
p.(None): purpose of helping to develop the state treasuries. Laws creating or transferring tax revenues to the States
p.(None): may offset these allocations by means of changes in the other revenue categories indicated in this
p.(None): article, in order to preserve inter-territorial fairness. The percentage of estimated ordinary national revenues
p.(None): allocated to the constitutional revenue share shall be no less than 15% of estimated ordinary revenues, taking
p.(None): into account the financial position and sustainability of the National Public Treasury, without
p.(None): neglecting the ability of the state administrative authorities to provide adequately for the services for which they
p.(None): are responsible.
p.(None):
p.(None): (4) Resources deriving from the Inter-territorial Compensation Fund and from any other transfer, subsidy or special
p.(None): appropriation, as well as those allocated to them as a share of national tax revenues, in accordance with the pertinent
p.(None): law.
p.(None):
p.(None): Chapter IV
p.(None): Municipal Public Power
p.(None):
p.(None): Article 168: Municipalities constitute the primary political unit in the organization of the nation, and enjoy
p.(None): artificial personality and autonomy within the limits prescribed by the Constitution and the law.
p.(None): Municipal autonomy includes:
p.(None):
p.(None): (1) Election of municipal authorities.
p.(None):
p.(None): (2) Management of affairs within the scope of its competence.
p.(None):
p.(None): (3) Creation, collection and investment of its revenues.
p.(None):
p.(None): The actions of a Municipality within the scope of its competence shall be carried out by incorporating citizen
p.(None): participation into the process of defining and managing public affairs and monitoring and evaluating the
p.(None): results achieved, in an effective, sufficient and timely manner, in accordance with law. The actions of Municipalities
p.(None): may be contested only before the courts of competent jurisdiction, in accordance with the Constitution and the law.
p.(None): Article 169: The organization of Municipalities and other local entities shall be governed by this Constitution, by
p.(None): the rules established by national organic laws to implement constitutional principles, and by such provisions
p.(None): of law as may be enacted by the States in accordance with the aforementioned. Legislation enacted to implement
p.(None): constitutional principles relating to Municipalities and other local entities shall establish various
p.(None): structures for the organization, governance and administration of the same, including as regards the determination of
p.(None): their powers and resources, taking into account conditions relating to population, economic development, ability to
p.(None): generate their own tax revenues, geographical location, historical and cultural elements and other relevant
...
p.(None):
p.(None): (4) To organize and promote citizen participation in matters within its competence.
p.(None):
p.(None): (5) To order amnesties.
p.(None):
p.(None): (6) To discuss and approve the national budget and any bill relating to the taxation system and to public credit.
p.(None):
p.(None): (7) To authorize appropriations in addition to the budget.
p.(None):
p.(None): (8) To approve the general guidelines for the national economic and social development plan to be submitted by
p.(None): the National Executive during the third quarter of the first year of each constitutional term.
p.(None):
p.(None): (9) To authorize the National Executive to enter into contracts in the national interest, in the cases
p.(None): established by law. To authorize contracts in the municipal, state and national public interest, with foreign
p.(None): States, or official entities or with companies not domiciled in Venezuela.
p.(None):
p.(None): (10) To vote resolutions of censure against the Executive Vice President* and Ministers*. A censure motion shall
p.(None): be debated only two days after being submitted to the Assembly, which shall have the power to decide by a three
p.(None): fifths vote that the censure shall include the removal from office of the Executive Vice-President* or the Minister*
p.(None): concerned.
p.(None):
p.(None): (11) To authorize the operation of Venezuelan military missions abroad or foreign military missions within the country.
p.(None):
p.(None): (12) To authorize the National Executive to dispose of nonpublic real property owned by the Nation, with such
p.(None): exceptions as may be established by law.
p.(None):
p.(None): (13) To authorize public officials* to accept positions, honors or rewards from foreign governments.
p.(None):
p.(None): (14) To authorize the appointment of the General Attorney of the Republic* and the Heads of
p.(None): Permanent Diplomatic Missions.
p.(None):
p.(None): (15) To confer the honors of the National Pantheon on illustrious Venezuelans* who have rendered
p.(None): eminent services to the Republic, after 25 years have elapsed since the death of such persons; this decision may be
p.(None): made upon a recommendation from the President* of the Republic, two thirds of the State Governors*, all of
p.(None): the rectors of the National Universities.
p.(None):
p.(None): (16) To tend that the interests and autonomy of the States are upheld.
p.(None):
p.(None): (17) To authorize the departure of the President* of the Republic from the territory of the Nation, when such
p.(None): absence is to last longer than five consecutive days.
p.(None):
p.(None): (18) To approve by law any international treaties or agreements entered into by the National Executive, with
p.(None): the exceptions set forth in the present Constitution.
p.(None):
p.(None): (19) To enact its own internal regulations and apply such sanctions as may be provided for thereunder.
p.(None):
p.(None): (20) To pass on the qualifications of its members and take notice of their resignation. The temporarily separation
p.(None): of a deputy* from his or her office, shall only be decided by a two thirds vote of those present.
p.(None):
p.(None): (21) To organize its own internal security service.
p.(None):
p.(None): (22) To pass and implement its budget of expenditures, taking into account the country's financial limitations.
p.(None):
p.(None): (23) To implement resolutions concerning its own administrative organization and functioning.
p.(None):
p.(None): (24) Any others indicated in this Constitution or by law.
p.(None):
p.(None): Article 188: To be elected to the office of deputy of the National Assembly, a person must:
p.(None):
p.(None): (1) Be Venezuelan by birth, or by naturalization with 15 years of residence within the territory of Venezuela.
p.(None):
p.(None): (2) Be over the age of 21 years.
p.(None):
p.(None): (3) Have resided for four consecutive years in the organ from which he or she is elected, prior to such election.
p.(None):
p.(None): Article 189: The following shall not be eligible for the office of deputy*:
p.(None):
p.(None): (1) The President* of the Republic, the Executive Vice-President Ministers*, the Secretary* of the
p.(None): Office of the President of the Republic and the Chairpersons* and Directors of Autonomous Institutes and State owned
...
p.(None): private Venezuelan enterprises. Business enterprises, organs or persons of foreign nationality shall not be
p.(None): granted with regimes more advantageous than those established for Venezuelan nationals. Foreign investment is
p.(None): subject to the same conditions as domestic investment.
p.(None):
p.(None): Article 302: The State reserves to itself, through the pertinent organic law, and for reasons of
p.(None): national expediency, the petroleum industry and other industries, operations and goods and services which
p.(None): are in the public interest and of a strategic nature. The State shall promote the domestic manufacture
p.(None): of raw materials deriving from the exploitation of nonrenewable natural resources, with a view to assimilating,
p.(None): creating and inventing technologies, generating employment and economic growth and creating wealth and
p.(None): well-being for the people.
p.(None):
p.(None): Article 303: For reasons of economic and political sovereignty and national strategy, the State shall retain all
p.(None): shares of Petroleos de Venezuela, S.A. or the organ created to manage the petroleum industry, with the
p.(None): exception of subsidiaries, strategic joint ventures, business enterprises and any other venture established or
p.(None): coming in the future to be established as a consequence of the carrying on of the business of Petroleos
p.(None): de Venezuela, S.A.
p.(None):
p.(None): Article 304: All waters are property in the Nation's public domain, essential to life and development. The necessary
p.(None): provisions shall be established by law to guarantee the protection, utilization, and recuperation thereof,
p.(None): respecting the phases of the hydrological cycle and zoning criteria.
p.(None):
p.(None): Article 305: The State shall promote sustainable agriculture as the strategic basis for overall rural
p.(None): development, and consequently shall guarantee the population a secure food supply, defined as the sufficient and stable
p.(None): availability of food within the national sphere and timely and uninterrupted access to the same for consumers.
p.(None): A secure food supply must be achieved by developing and prioritizing internal agricultural and livestock
p.(None): production, understood as production deriving from the activities of agriculture, livestock, fishing
p.(None): and aquiculture. Food production is in the national interest and is fundamental to the economic and social
p.(None): development of the Nation. To this end, the State shall promulgate such financial, commercial, technological
p.(None): transfer, land tenancy, infrastructure, manpower training and other measures as may be necessary to
p.(None): achieve strategic levels of self-sufficiency. In addition, it shall promote actions in the national and international
p.(None): economic context to compensate for the disadvantages inherent to agricultural activity. The State
p.(None): shall protect the settlement and communities of non industrialized fishermen*, as well as their fishing banks in
p.(None): continental waters and those close to the coastline, as defined by law.
p.(None):
p.(None): Article 306: The State shall promote conditions for overall rural development, for the purpose of
p.(None): generating employment and ensuring the rural population an adequate level of well-being, as well as their inclusion in
p.(None): national development. It shall likewise promote agricultural activity and optimum land use by providing infrastructure
p.(None): projects, supplies, loans, training services and technical assistance.
p.(None):
p.(None): Article 307: The predominance of large land estates is contrary to the interests of society. Appropriate tax law
p.(None): provisions shall be enacted to tax fallow lands and establish the necessary measures to transform
p.(None): them into productive economic units, likewise recovering arable land. Farmers and other agricultural
p.(None): producers are entitled to own land, in the cases and forms specified under the pertinent law. The State
p.(None): shall protect and promote associative and private forms of property in such manner as to guarantee
...
p.(None): shall not restrict the extraordinary powers to be granted by the National Executive in the cases provided for
p.(None): by this Constitution. The national tax administration shall enjoy technical, operating and financial autonomy
p.(None): in accordance with legislation approved by the National Assembly, and its maximum authority shall be designated
p.(None): by the President* of the Republic, in accordance with the rules laid down in the pertinent law.
p.(None):
p.(None): Section Three: National Monetary System
p.(None):
p.(None): Article 318: The monetary competence of National Authority shall necessarily be exercised exclusively by the
p.(None): Venezuelan Central Bank. The fundamental objective of the Venezuelan Central Bank is to achieve price stability
p.(None): and preserve the internal and foreign exchange value of the monetary unit. The monetary unit of the
p.(None): Bolivarian Republic of Venezuela is the Bolivar. In the event a common currency is instituted within the framework of
p.(None): Latin American and Caribbean integration, it shall be permissible to adopt the currency provided for by
p.(None): a treaty signed by the Republic. The Venezuelan
p.(None):
p.(None): Central Bank is a public-law juridical person with autonomy to formulate and implement policies within its sphere of
p.(None): competence. The Venezuelan Central Bank shall perform its functions in coordination with general economic policy,
p.(None): in the interest of attaining the higher objectives of the State and the Nation. In order to provide
p.(None): for the adequate attainment of its objective, the functions of the Venezuelan Central Bank shall include those
p.(None): of formulating and implementing monetary policy, participating in the design of and implementing foreign
p.(None): exchange policy, currency regulation, credit and interest rate, administrating international reserves and any others
p.(None): established by law.
p.(None):
p.(None): Article 319: The Venezuelan Central Bank shall be governed by the principle of public responsibility, to which end
p.(None): it shall render an accounting of its actions, goals and the results of its policies to the National Assembly,
p.(None): in accordance with law. It shall also issue periodic reports on the behavior of the country's macroeconomic
p.(None): variables and on any other matters concerning which reports may be requested, including sufficient analysis to
p.(None): permit its evaluation. Failure to meet the objective and goals, without justifiable cause shall result in
p.(None): removal of the Board of Directors and imposition of administrative penalties, in accordance with law. The
p.(None): Venezuelan Central Bank shall be subject to oversight after the fact by the Office of the General
p.(None): Comptroller of the Republic and inspection and supervision by the public entity that supervises banking, which
p.(None): shall send to the National Assembly reports on the inspections it conducts. The budget of operating expenses of the
p.(None): Venezuelan Central Bank shall require discussion and approval by the National Assembly, and its accounts and
p.(None): balance sheets shall be subjected to independent audits on such terms as may be established by law.
p.(None):
p.(None): Section Four: Macroeconomic Coordination
p.(None):
...
p.(None): the head of the ministry responsible for finance, and shall be made public at the time of approval of
p.(None): the budget by the National Assembly. It is the responsibility of the signers of the agreement to see that
p.(None): policy actions are consistent with the objectives. The aforementioned agreement shall specify the results
p.(None): expected and the policies and actions designed to achieve the same. The characteristics of the annual
p.(None): economic policy agreement and the mechanisms for submitting an accounting shall be established by law.
p.(None):
p.(None): Article 321: A macroeconomic stabilization fund shall be established by law for the purpose of guaranteeing
p.(None): the stability of the State's expenses at the national, regional and municipal levels, in the face of fluctuations in
p.(None): ordinary revenues. The operating rules for this fund shall observe the basic principles of efficiency, fairness and
p.(None): nondiscrimination as between the public organs contributing resources to the fund.
p.(None):
p.(None): TITLE VII NATIONAL SECURITY
p.(None):
p.(None): Chapter 1
p.(None): General Provisions
p.(None):
p.(None): Article 322: National security is an essential competence and responsibility of the State, based on the overall
p.(None): development of the latter, and its defense is the responsibility of all Venezuelans, as well as of all public and
p.(None): private law natural and juridical persons within the geographical limits of Venezuela.
p.(None):
p.(None): Article 323: The National Defense Council is the highest consultative organ for planning and advising the Public Power
p.(None): as to matters relating to the overall defense of the Nation, its sovereignty and the integrity of its geographical
p.(None): space. To this end, it is also charged with establishing the Nation's strategic concept. Presided over by the
p.(None): President of the Republic*, it also includes the Executive Vice President*, the President of the National Assembly,
p.(None): the Chief Justice* of the Supreme Tribunal of Justice, the Chairman* of the Republican Ethic Council and the
p.(None): Ministers* of Defense, Internal Security, Foreign Relations and Planning, and any others whose participation may
p.(None): be deemed appropriate. The pertinent organic law shall determine the organization and attributions of the
p.(None): National Defense Council.
p.(None):
p.(None): Article 324: Only the State shall be permitted to possess and use weapons of war; any such weapons which now exist or
p.(None): are manufactured in or imported into the country shall become the property of the Republic, without compensation or
p.(None): proceedings. The National Armed Forces shall be the institution of competence to regulate and
p.(None): control, in accordance with the pertinent legislation, the manufacture, importing, exporting, storage, transit,
p.(None): registration, control, inspection, marketing, possession and use or other weapons, munitions and explosives.
p.(None):
p.(None): Article 325: The National Executive reserves the right to classify and control disclosure of matters directly
p.(None): relating to the planning and execution of operations concerning national security, on such terms as may be
p.(None): established by law.
p.(None):
p.(None): Chapter II
p.(None): Principles of National Security
p.(None):
p.(None): Article 326: National security is based on shared responsibility between the State and civil society to
...
p.(None): promotion and conservation of the environment and
p.(None):
p.(None): affirmation of human rights, as well as on that of progressively meeting the individual and collective needs of
p.(None): Venezuelans*, based on a sustainable and productive development policy providing full coverage for the
p.(None): national community. The principle of shared responsibility applies to the economic, social, political,
p.(None): cultural, geographical, environmental and military spheres.
p.(None):
p.(None): Article 327: Attention to borders is a priority matter in the enforcement and application of national security
p.(None): principles. To this end, a border security belt is established, with width, special economic and social
p.(None): regimes, settlement and utilization. shall be regulated by law, with special protection for national
p.(None): parks and other areas under special administrative arrangements, as well as the habitat of the
p.(None): native people settled in the areas concerned.
p.(None):
p.(None): Chapter- III
p.(None): The National Armed Forces
p.(None):
p.(None): Article 328: The National Armed Forces constitute an essentially professional institution, with no political
p.(None): orientation, organized by the State to guarantee the independence and sovereignty of the Nation and ensure the
p.(None): integrity of its geographical space, through military defense, cooperation for the purpose of maintaining
p.(None): internal order and active participation in national development, in accordance with this Constitution and the law.
p.(None): In performing their functions, they are at the exclusive service of the Nation, and in no case at the service of any
p.(None): person or political partisanship. The pillars on which they are founded are discipline, obedience and subordination.
p.(None): The National Armed Forces consist of the Army, the Navy, the Air Force and the National Guard, which
p.(None): function in an integrated manner within the scope of their competence to fulfill their mission, with their own
p.(None): overall Social Security system, as established under the pertinent organic law.
p.(None):
p.(None): Article 329: The Army, Navy and Air Force have as their essential responsibility the planning, execution
p.(None): and control of military operations as required to ensure the defense of the Nation. The National Guard shall cooperate
p.(None): in the carrying out of these operations, and shall have as its basic responsibility that of conducting
p.(None): operations as required to maintain internal order within the country. The National Armed Forces shall
p.(None): carry out activities of administrative policing and criminal investigation activities as provided for by law.
p.(None):
p.(None): Article 330: Members* of the National Armed Forces on active duty have the right to vote in accordance with law, but
p.(None): are not permitted to run for any office filled by popular vote, nor to participate in acts of political advertising,
p.(None): militancy or proselytizing.
p.(None):
p.(None): Article 331: Military promotions shall be in accordance with merit, hierarchy and vacancies. They are the
p.(None): exclusive prerogative of the National Armed Forces, and shall be regulated by the pertinent law.
p.(None):
p.(None): Chapter IV
p.(None): Civilian Security Organs
p.(None):
p.(None): Article 332: The National Executive, in accordance with law, to maintain, and restore public order; protect
p.(None): citizens, homes and families; support the decisions of the competent authorities and ensure the peaceful enjoyment
p.(None): of constitutional guarantees and rights, shall organize:
p.(None):
p.(None): (1) A uniformed national police corps.
p.(None):
...
p.(None): constitutionality of international treaties signed by the Republic, prior to ratification of the same.
p.(None):
p.(None): (6) To review in all cases, even ex officio, the constitutionality of decree of the President* of the Republic
p.(None): decreeing states of exception.
p.(None):
p.(None): (7) To declare the unconstitutionality of omissions on the part of the municipal, state, national or
p.(None): legislatures, in failing to promulgate rules or measures essential to guaranteeing compliance with the
p.(None): Constitution, or promulgating it in an incomplete manner; and to establish the time limit and, where necessary,
p.(None): guidelines for correcting the deficiencies.
p.(None):
p.(None): (8) To resolve any conflicts existing between different provisions of law, and declare which of the same must prevail.
p.(None):
p.(None): (9) To resolve constitutional controversies arising between any of the organs of Public Power.
p.(None):
p.(None): (10) To review judgments embodying constitutional protective orders or control on the constitutionality of laws
p.(None): or juridical rules, handed down by the courts of the Republic, on the terms established by the pertinent
p.(None): organic law.
p.(None):
p.(None): (11) Any other functions established by this Constitution or by law.
p.(None):
p.(None): Chapter 11
p.(None): States of Exception
p.(None):
p.(None): Article 337: The President* of the Republic, at a meeting of the Cabinet of Ministers, shall have the power to
p.(None): decree states of exception. Expressly defined as such are circumstances of a social, economic, political,
p.(None): natural or ecological nature which seriously affect the security of the Nation, institutions and citizens*, in the
p.(None): face of which the powers available to cope with such events are insufficient. In such case, the guarantees
p.(None): contained in this Constitution may be temporarily restricted, with the exception of those relating
p.(None): to the right to life, prohibition of incommunicative detention or torture, the right to due process, the right to
p.(None): information and other intangible human rights.
p.(None):
p.(None): Article 338: A state of alarm may be declared when catastrophes, public calamities or other similar events occur,
p.(None): seriously endangering the security of the Nation or its citizens*. Such state of exception shall last for up to
p.(None): 30 days, and may be extended for an additional 30 days. A state of economic emergency may be declared when
p.(None): extraordinary economic circumstances arise, such as to affect seriously the economic life of the Nation; the duration
p.(None): of this state of emergency shall be 60 days, with the possibility of extension for the same period. A state of
p.(None): internal or external commotion may be declared in the event of an internal or external conflict seriously endangering
p.(None): the security of the Nation, its citizens* or its institutions. Such state of commotion shall last for up to 90 days,
p.(None): and may be extended for an additional 90 days. The National Assembly has the responsibility of the approval for the
p.(None): extension of the states of exemption. An organic law shall regulate states of exception and determine the measures that
p.(None): may be adopted based on them.
p.(None):
p.(None): Article 339: The Decree declaring a state of exception, which shall provide for regulating the right whose
p.(None): guarantee is restricted, shall be submitted within eight days of promulgation for consideration
p.(None): and approval by the National Assembly, or Delegated Committee and for a ruling by the Constitutional
p.(None): Division of the Supreme Tribunal or Justice on its constitutionality. The Decree must be in compliance with the
p.(None): requirements, principles and guarantees established in the International Pact on Civil and Political flights
p.(None): and the American Convention on Human Rights. The President* of the Republic shall have the power to request its
p.(None): extension for a similar period, and the Decree shall be revoked by the National Executive or by the National Assembly
p.(None): or the latter's Delegated Committee prior to the indicated date of expiration upon cessation of the
p.(None): conditions which produced them. The declaration of a state of exception does not interrupt the functioning
p.(None): of the organs of the Public Power.
p.(None):
p.(None): TITLE IX CONSTITUTIONAL REFORMS
p.(None): Chapter 1
p.(None): Amendments
p.(None):
...
p.(None): States to apply at least 50% of the constitutional revenue share to investment, shall be effective beginning
p.(None): January 1, 2001.
p.(None):
p.(None): Eleventh: Pending enactment of national legislation governing vacant lands, the same shall continue to be
p.(None): administered by the National Power, in accordance with existing legislation.
p.(None):
p.(None): Twelfth: The demarcation of the native habitat as referred to in Article 119 of this Constitution,
p.(None): shall be carried out within two years of the effective date of this Constitution.
p.(None):
p.(None): Thirteenth: Until the States assume under State law the powers referred to under article 164, section 7 of this
p.(None): Constitution, the existing system shall remain in effect.
p.(None):
p.(None): Fourteenth: Pending enactment of the legislation developing the principles embodied in this Constitution concerning
p.(None): municipal regime, the ordinances and other normative instruments concerning municipalities shall remain in full
p.(None): effect as to the matters within their competence and the separate tax competence they possess under the
p.(None): legal order applicable prior to adoption of this Constitution.
p.(None):
p.(None): Fifteenth: Pending passage of the legislation referred to in article 105 of the Constitution,
p.(None): the legal order applicable prior to adoption of this Constitution shall remain in effect.
p.(None):
p.(None): Sixteenth: In order to protect the nation's historical heritage, the Chronicler of the National Constituent
p.(None): Assembly shall coordinate all necessary mechanisms to safeguard written documents, videos, digital recordings,
p.(None): photographs, periodicals, audio and any other forms of documentation prepared. All these documents shall
p.(None): remain under the protection of the General Archives of the Nation.
p.(None):
p.(None): Seventeenth: Once this Constitution has been approved, the name of the Republic shall be "Bolivarian Republic of
p.(None): Venezuela," as provided for under article 1. It is the obligation of authorities and institutions, both public
p.(None): and private, which are required to issue records, certificates or any other documents, to use the name "Bolivarian
p.(None): Republic of Venezuela" effective immediately. For routine matters, administrative offices shall use up their
p.(None): existing stationery, replacing the same progressively with conforming documentation, but in any case
p.(None): completing such replacement within five years. The circulation of coins minted and banknotes issued with the name
p.(None): "Republic of Venezuela" shall be regulated by the reform of the Venezuelan Central Bank Law contemplated
p.(None): under the Fourth Temporary Provision of this Constitution, with a view to make the transition to the name
p.(None): "Bolivarian Republic of Venezuela."
p.(None):
p.(None): Eighteenth: In order to assure the application of article 113 of this Constitution, the National Assembly
p.(None): shall pass a law establishing an entity which shall supervise, control and inspect the effective application of
p.(None): such principles and the provision and rules developing them. The person presiding or directing such entity shall
p.(None): be appointed with the majority of the votes of the members* of the National Assembly, with the favorable report of
p.(None): special commission designated from the bosom of the National Assembly for such purposes. The law shall establish
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p.(None): participative character of its government.
p.(None):
p.(None): TITLE III
p.(None):
p.(None): DUTIES, HUMAN RIGHTS AND GUARANTEES
p.(None):
p.(None): Chapter 1
p.(None):
p.(None): General Provisions
p.(None):
p.(None): Article 19: The State shall guarantee to every individual, in accordance with the progressive principle
p.(None): and without discrimination of any kind, no renounceable, indivisible and interdependent enjoyment and
p.(None): exercise of human rights. Respect for and the guaranteeing of these rights is obligatory for the organs of
p.(None): Public Power, in accordance with the Constitution, the human rights treaties signed and ratified by the
p.(None): Republic and any laws developing the same.
p.(None):
p.(None): Article 20: Everyone has the right to the free development of his or her own personality, subject only to the
p.(None): limitations deriving from the rights of others and public and social order.
p.(None):
p.(None): Article 21: Al persons are equal before the law, and, consequently:
p.(None):
p.(None): 1. No discrimination based on race, sex, creed or social standing shall be permitted, nor, in general, any
p.(None): discrimination with the intent or effect of nullifying or encroaching upon the recognition, enjoyment or exercise, on
p.(None): equal terms, of the rights and liberties of every individual.
p.(None):
p.(None): 2. The law shall guarantee legal and administrative conditions such as to make equality before the law real and
p.(None): effective manner; shall adopt affirmative measures for the benefit of any group that is discriminated
p.(None): against, marginalized or vulnerable; shall protect in particular those persons who, because of any of the
p.(None): aforementioned circumstances, are in a manifestly weak position; and shall punish those who abuse or mistreat
p.(None): such persons.
p.(None):
p.(None): 3. People will only be officially addressed as Citizens, except for diplomatic forms.
p.(None):
p.(None): 4. No titles of nobility or hereditary distinctions shall be recognized.
p.(None):
p.(None): Article 22: The recitation of rights and guarantees contained in this Constitution and in international instruments
p.(None): concerning human rights are not to be understood as negating others inherent to individuals, not expressly mentioned in
p.(None): such recitation. The absence of a law regulating these rights shall not adversely affect the exercise thereof.
p.(None):
p.(None): Article 23: The treaties, pacts and conventions relating human rights which have been executed and ratified by
p.(None): Venezuela have a constitutional rank, and prevail over internal legislation, insofar as they contain provisions
p.(None): concerning the enjoyment and exercise of such rights that are more favorable than those established by this
p.(None): Constitution and the laws of the Republic, and shall be immediately and directly applied by the courts
p.(None): and other organs of the Public Power.
p.(None):
p.(None): Article 24: No legislative provision shall have retroactive effect, except where it imposes a lesser penalty.
p.(None): Procedural laws shall apply from the moment they go into effect, even to proceedings already in progress; however,
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p.(None): which an alternate route must be provided. Venezuelans* shall enter the country without need for authorization of
p.(None): any kind. No act of the Public Power may establish against Venezuelans* the penalty of banishment from the
p.(None): national territory.
p.(None):
p.(None): Article 51: Everyone has the right to petition or make representations before any authority or public
p.(None): official* concerning matters within their competence, and to obtain a timely and adequate response. Whoever
p.(None): violates this right shall be punished in accordance with law, including the possibility of dismissal from
p.(None): office.
p.(None):
p.(None): Article 52: Everyone has the right to assemble for lawful purposes, in accordance with law. The State is obligated to
p.(None): facilitate the exercise of this right.
p.(None):
p.(None): Article 53: Everyone has the right to meet publicly or privately, without obtaining permission in
p.(None): advance, for lawful purposes and without weapons. Meetings in public places may be regulated by law.
p.(None):
p.(None): Article 54: No person shall be subjected to slavery or servitude. Traffic of persons, in particular women, children*
p.(None): and adolescents, in any form, shall be subject to the penalties prescribes by law.
p.(None):
p.(None): Article 55: Every person has the right to protection by the State, through the citizen safety organs
p.(None): regulated by law, from situations that affect or constitute a threat, vulnerability or risk to the
p.(None): physical integrity of individuals, their properties, the enjoyment of rights or the Fulfillment of duties.
p.(None): Participation by citizens* in programs for purposes of prevention, citizen safety and emergency management shall be
p.(None): regulated by a special law. The State's security corps shall respect the human dignity and rights of all persons. The
p.(None): use of weapons or toxic substances by police and security officers shall be limited by the principles of
p.(None): necessity, convenience, opportunity and proportionality in accordance with law.
p.(None):
p.(None): Article 56: Every person has the right to his own name, to the summates of his father and mother, and to know the
p.(None): identity of the latter. The State guarantees the right to investigates maternity and paternity. All persons
p.(None): have the right to be registered free of charge with the Civil Registry Office after birth, and to obtain
p.(None): public documents constituting evidence of their biological identity, in accordance with law. Such
p.(None): documents shall not contain any mention classifying the parental relationship.
p.(None):
p.(None): Article 57: Everyone has the right to express freely his or her thoughts, ideas or opinions orally, in writing or by
p.(None): any other form of expression, and to use for such purpose any means of communication and diffusion, and no censorship
p.(None): shall be established. Anyone making use of this right assumes full responsibility for everything expressed. Anonymity,
p.(None):
...
p.(None): of formulating and implementing monetary policy, participating in the design of and implementing foreign
p.(None): exchange policy, currency regulation, credit and interest rate, administrating international reserves and any others
p.(None): established by law.
p.(None):
p.(None): Article 319: The Venezuelan Central Bank shall be governed by the principle of public responsibility, to which end
p.(None): it shall render an accounting of its actions, goals and the results of its policies to the National Assembly,
p.(None): in accordance with law. It shall also issue periodic reports on the behavior of the country's macroeconomic
p.(None): variables and on any other matters concerning which reports may be requested, including sufficient analysis to
p.(None): permit its evaluation. Failure to meet the objective and goals, without justifiable cause shall result in
p.(None): removal of the Board of Directors and imposition of administrative penalties, in accordance with law. The
p.(None): Venezuelan Central Bank shall be subject to oversight after the fact by the Office of the General
p.(None): Comptroller of the Republic and inspection and supervision by the public entity that supervises banking, which
p.(None): shall send to the National Assembly reports on the inspections it conducts. The budget of operating expenses of the
p.(None): Venezuelan Central Bank shall require discussion and approval by the National Assembly, and its accounts and
p.(None): balance sheets shall be subjected to independent audits on such terms as may be established by law.
p.(None):
p.(None): Section Four: Macroeconomic Coordination
p.(None):
p.(None): Article 320: The State shall promote and defend economic stability, prevent the vulnerability of the economy
p.(None): and see to monetary and price stability, in order to ensure the welfare of society. The ministry responsible for
p.(None): finance and the Venezuelan Central Bank shall contribute to the harmony between fiscal and monetary policy,
p.(None): thereby facilitating the attainment of macroeconomic objectives. In performing its functions, the Central Bank of
p.(None): Venezuela shall not be subject to directives from the National Executive and shall not be permitted to endorse or
p.(None): finance deficit fiscal policies. The coordinated actions of the National Executive and the Venezuelan Central
p.(None): Bank shall be achieved through an annual policy agreement which shall establish the final growth objectives and
p.(None): their repercussion on society, the external balance of payments and inflation, as regards fiscal, foreign exchange and
p.(None): monetary policy; as well as the levels of intermediate and instrumental variables required in order to achieve the
p.(None): aforementioned final objectives. This agreement shall be signed by the President* of the Venezuelan Central Bank and
p.(None): the head of the ministry responsible for finance, and shall be made public at the time of approval of
p.(None): the budget by the National Assembly. It is the responsibility of the signers of the agreement to see that
p.(None): policy actions are consistent with the objectives. The aforementioned agreement shall specify the results
p.(None): expected and the policies and actions designed to achieve the same. The characteristics of the annual
p.(None): economic policy agreement and the mechanisms for submitting an accounting shall be established by law.
p.(None):
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p.(None): employment and social Welfare, providing for their permanent existence through the design of policies whereby
p.(None): these groups are given means of participating.
p.(None):
p.(None): (6) Creation of new decentralized organs at the parish, community, ward and neighborhood levels, with a view to
p.(None): guaranteeing the principle of shared responsibility in the public administration of local and state
p.(None): governments, and developing process of self-management and joint management in the administration and
p.(None): control of state and municipal public services.
p.(None):
p.(None): (7) Participation by communities in activities to establish closer ties with penal institutions and ties between the
p.(None): latter and the general population.
p.(None):
p.(None): Chapter V
p.(None): The Federal Council on Government
p.(None):
p.(None): Article 185: The Federal Council on Government is the organ charged with planning and coordination of policies and
p.(None): actions to develop the process of decentralization and transfer of powers from National Authority to the States
p.(None): and Municipalities. It shall be presided over by the Executive Vice-President* and shall consist of
p.(None): the Cabinet ministers, the Governors*, one Mayor* from each State and representatives of organized society, in
p.(None): accordance, with law. The Federal Council on Government shall have a Secretariat made up of the Executive
p.(None): Vice-President*, two Ministers*, three Governors* and three Mayors*. The Federal Council on Government shall have a
p.(None): dependency known as the Inter territorial Compensation Fund, intended for the purpose of financing public investments
p.(None): with a view to promoting the balanced development of regions, cooperation and complement among the development
p.(None): policies and initiatives of the various public territorial entities, and in particular supporting the
p.(None): providing of works projects and services in regions and communities with relatively low levels of
p.(None): development. The Federal Council on Government, based on regional unbalances, shall discuss and approve annually the
p.(None): resources to be allocated to the Inter-territorial Compensation Fund and the priority investment areas to which these
p.(None): resources are to be applied.
p.(None):
p.(None): TITLE V
p.(None): ORGANIZATION OF NATIONAL PUBLIC AUTHORITY
p.(None): Chapter 1
p.(None): National Legislative Power Section One: General Provisions
p.(None):
p.(None): Article 186: The National Assembly shall consist of Deputies* elected* in each of the federal entities by universal,
p.(None): direct, personalized and secret ballot with proportional representation, using a constituency base of 1.1 % of
p.(None): the total population of the country. Each federal organ shall also elect three additional deputies*. The native peoples
p.(None): of the Bolivarian Republic of Venezuela shall elect three deputies* in accordance with the provisions
p.(None): established under election law, respecting the traditions and customs thereof. Each deputy* shall have an alternate*
p.(None): elected* by the same process.
p.(None):
p.(None): Article 187: It shall be the function of the National Assembly:
p.(None):
...
p.(None): the possibility of re-election. Citizen Power is independent
p.(None):
p.(None): and its organs enjoy operating, financial and administrative autonomy. To this end, from the general State budget it
p.(None): shall be allocated a variable annual budget appropriation. Its organization and operation shall be established by
p.(None): organic act. Article 274: The organs exercising Citizen Power are charged, in accordance with this Constitution and
p.(None): with the law, with preventing, investigating and punishing actions that undermine public ethics and
p.(None): administrative morals; to see to sound management and legality in the use of public property, and fulfillment and
p.(None): application of the principle of legality in all of the State's administrative activities, as well as to promote
p.(None): education as a process that helps create citizenship, together with solidarity, freedom, democracy, social
p.(None): responsibility and work.
p.(None):
p.(None): Article 275: The representatives of the Republican Ethic Council shall issue to the authorities or
p.(None): officials* of the National Public Administrative warnings as to breaches in the fulfillment of their legal duties.
p.(None): If these warnings are not heeded, the Republican Ethics Council shall have the power to impose the penalties
p.(None): established by law. In the event of contempt, the Chairman of the Republican Ethics Council shall submit a report to
p.(None): the organ or dependency to which the public official or employee concerned is attached, in order that such
p.(None): body or dependency to take the proper corrective action, in accordance to the case without prejudice to such
p.(None): penalties as may be applicable in accordance with law.
p.(None):
p.(None): Article 276: The Chairman* of the Republican Ethic Council and the heads of the organs comprising Citizen Power shall
p.(None): submit an annual report before a plenary session of the National Assembly. They shall likewise submit reports whenever
p.(None): asked by the National Assembly to do so. Both the regular and the special reports are to be published.
p.(None):
p.(None): Article 277: All officials* of the National Public Administrative are obligated, subject to such penalties as may be
p.(None): established by law, to cooperate on an urgent priority basis with representatives* of the Republican Ethics
p.(None): Council in connection with the latter's investigations. The Council shall have the power to ask them
p.(None): for such statements and documents as it may deem necessary in order to perform its functions; this includes any
p.(None): documents that may have been classified or catalogues as confidential or secret in accordance with law. In
p.(None): all cases, Citizen Power shall release information contained in confidential or secret documents only through such
p.(None): procedures as may be established by law.
p.(None):
p.(None): Article 278: The Republican Ethic Council shall promote all types of teaching activities designed to contribute to the
p.(None): understanding and study of this Constitution; love for the native land, civic and democratic virtues and the
p.(None): transcendental values of the Republic; and observance of and respect for human rights.
p.(None):
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Health / Drug Usage
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p.(None): to be promulgated by the National Assembly. Disciplinary proceedings shall be public, oral and
p.(None): expeditious, in accordance with due process, subject to such terms and conditions as may be established by law. In
p.(None): order to exercise these powers, the Supreme Tribunal in plenary session shall create an Executive Department of the
p.(None): Judiciary, with its various regional offices.
p.(None):
p.(None): Article 268: The autonomy and organization, functioning, discipline and fitness of service of public
p.(None): defenders shall be provided for by law, in order to ensure the efficiency of the service and guarantee career benefits
p.(None): for public defenders.
p.(None):
p.(None): Article 269: The organization of judicial circuits and the creation and competence of regional courts and
p.(None): tribunals shall be regulated by law in such manner as to promote the administrative and jurisdictional decentralization
p.(None): of the Judicial Power.
p.(None):
p.(None): Article 270: The Committee on Judicial Nominations is a body charged with advising the Judicial Power on the selection
p.(None): of candidates* for designation as justices of the Supreme Tribunal of Justice. In addition, it shall advise the
p.(None): judicial electoral colleges on the election of judge,* of disciplinary jurisdiction. The Committee on Judicial
p.(None): Nominations shall be made up of representatives of the various sectors of society, in accordance with such provisions
p.(None): as may be established by law.
p.(None):
p.(None): Article 271: Extradition of foreign nationals responsible for capital deslegitimization, drug, and
p.(None): international organized crime offenses, as well as crimes against the public patrimony of other States and
p.(None): against human rights, shall in no case be denied. Judicial proceedings for the purpose of punishing offenses
p.(None): against human rights or public patrimony, or drug trafficking, shall not be barred by the statute of limitations.
p.(None): Likewise, subject to court order, assets deriving from the activities relating to these offenses shall be confiscated.
p.(None): Proceedings pertaining to the aforementioned offenses shall be public, oral and expeditious, with respect
p.(None): for due process, the competent judicial authorities being authorized to order the necessary preventive
p.(None): precautionary measures against assets belonging to the defendant or persons interposed by the latter, in
p.(None): order to provide a guarantee for their possible civil liability.
p.(None):
p.(None): Article 272: The State guarantees a penitentiary system such as to ensure the rehabilitation
p.(None): of inmates* and respect for their human rights. To this end, penitentiary establishments shall have areas
p.(None): for work, study, sports and recreation, shall operate under the direction of professional penologists with academic
p.(None): credentials, and will be ruled by decentralized administration by state or municipal governments; they may be subject
p.(None): to privatization arrangements. In such establishments, an open regimen shall be preferred, as well as the model of
p.(None): custodial agricultural colonies. In all cases punishment formulas without restriction of freedom shall be
p.(None): applied with preference to measures that restrict freedom. The State shall create the essential institutions to
p.(None): provide post-penitentiary assistance for the reinsertion of the inmate* into society and shall encourage the creation
p.(None): of an autonomous penitentiary institution with personnel of an exclusively technical nature.
p.(None):
p.(None): Chapter IV
p.(None): Citizen Power
p.(None): Section One: General Provisions
p.(None):
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p.(None):
p.(None): on a basis of fairness, justice and social interest content, according with delegation established on law
p.(None): related to this matter, the promotion of participation and improvement, in general, of living conditions in the
p.(None): community, in the following areas:
p.(None):
p.(None): (1) Territorial zoning and city planning matters; historic heritage; housing in the interest of society; local tourism;
p.(None): parks and gardens; plazas; bathing and other recreational areas; civil architecture, nomenclature and public
p.(None): ornament.
p.(None):
p.(None): (2) Urban roadways; circulation and ordering of vehicular and pedestrian traffic on municipal thoroughfares;
p.(None): urban public passenger * transportation services.
p.(None):
p.(None): (3) Public spectacles and commercial advertising, to the extent pertinent to specific municipal interests and purposes.
p.(None):
p.(None): (4) Protection of the environment and cooperation with environmental sanitation efforts; urban and
p.(None): household sanitation, including cleaning, waste collection and treatment and civil protection.
p.(None):
p.(None): (5) Healthiness and primary health care; services for the protection of infants and children, adolescents and
p.(None): senior citizens; preschool education; family services to integrate the disabled into the development of the
p.(None): community; cultural and sports activities and facilities. Prevention and protective services; surveillance
p.(None): and control of property and activities relating to matters within municipal competency.
p.(None):
p.(None): (6) Drinking water services, electricity and gas for household use, sewers. channeling and disposal of wastewater;
p.(None): cemeteries and funeral services.
p.(None):
p.(None): (7) Small claims courts, neighborhood prevention and protection and municipal police services, in
p.(None): accordance with applicable national legislation.
p.(None):
p.(None): (8) Any others with which Municipalities may be charged under the Constitution and by law. The actions that
p.(None): Municipalities have the power to take within the scope of their competence are without prejudice to national and
p.(None): state competence as defined by law in accordance with the Constitution.
p.(None):
p.(None): Article 179: Municipalities shall have the following revenues:
p.(None):
p.(None): (1) Those deriving from their capital assets, including the proceeds from their common lands and other property.
p.(None):
p.(None): (2) Charges for the use of their goods or services; administrative charges for licenses or authorizations; taxes on
p.(None): economic activities in the areas of industry, business and services, or those of similar kind, with
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p.(None): Republic in this field. The State, families and society shall guarantee full protection as an absolute
p.(None): priority, taking into account their best interest in actions and decisions concerning them. The State shall promote
p.(None): their progressive incorporation into active citizenship, and shall create a national guidance system for the
p.(None): overall protection of children* and adolescents.
p.(None):
p.(None): Article 79: Young people have the right and duty to be active participants in the development process.
p.(None): The State, with the joint participation of families and society, shall create opportunities to stimulate their
p.(None): productive transition into adult life, including in particular training for and access to their first employment,
p.(None): in accordance with law.
p.(None):
p.(None): Article 80: The State shall guarantee senior citizens* the full exercise of their rights and guarantees. The State,
p.(None): with the joint participation of families and society, is obligated to respect their human dignity, autonomy and to
p.(None): guarantee them full care and social security benefits to improve and guarantee their quality of life. Pension and
p.(None): retirement benefits granted through the social security system shall not be less than the urban minimum
p.(None): salary. Senior citizens* shall be guaranteed to have the right to a proper work, if they indicate a
p.(None): desire to work and are capable to.
p.(None):
p.(None): Article 81: Any person with disability or special needs has the right to the full and autonomous
p.(None): exercise of his or her abilities and to its integration into the family and community. The State, with
p.(None): the joint participation of families and society, guarantees them respect for their human dignity, equality
p.(None): of opportunity and satisfactory working conditions, and shall promote their training, education and access
p.(None): to employment appropriate to their condition, in accordance with law. It is recognized that deaf persons have the
p.(None): right to express themselves and communicate through the Venezuelan sign language.
p.(None):
p.(None): Article 82: Every person has the right to adequate, safe and comfortable, hygienic housing, with
p.(None): appropriate essential basic services, including a habitat such as to humanize family, neighborhood and community
p.(None): relations. The progressive meeting of this requirement is the shared responsibility of citizens* and the
p.(None): State in all areas. The State shall give priority to families, and shall guarantee them, especially those
p.(None): with meager resources, the possibility of access to social policies and credit for the construction,
p.(None): purchase or enlargement of dwellings.
p.(None):
p.(None): Article 83: Health is a fundamental social right and the responsibility of the State, which shall guarantee it as part
...
p.(None): integrated with the social security system and governed by the principles of gratuity, universality,
p.(None): completeness, fairness, social integration and solidarity. The public health system gives priority to
p.(None): promoting health and preventing disease, guaranteeing prompt treatment and quality rehabilitation. Public health
p.(None): assets and services are the property of the State and shall not be privatized. The
p.(None):
p.(None): organized community has the right and duty to participate in the making of decisions concerning policy
p.(None): planning, implementation and control at public health institutions.
p.(None):
p.(None): Article 85: Financing of the public health system is the responsibility of the State, which shall integrate the
p.(None): revenue resources, mandatory Social Security contributions and any other sources of financing provided for by
p.(None): law. The State guarantees a health budget such as to make possible the attainment of health policy objectives.
p.(None): In coordination with universities and research centers, a national professional and technical training policy and a
p.(None): national industry to produce health care supplies shall be promoted and developed. The State shall regulate both
p.(None): public and private health care institutions. Article 86: All persons are entitled to Social Security as a
p.(None): nonprofit public service to guarantee health and protection in contingencies of maternity, fatherhood, illness,
p.(None): invalidity, catastrophic illness, disability, special needs, occupational risks, loss of employment, unemployment, old
p.(None): age, widowhood, loss of parents, housing, burdens deriving from family life, and any other social welfare
p.(None): circumstances. The State has the obligation and responsibility of ensuring the efficacy of this right,
p.(None): creating a universal and complete Social Security system, with joint, unitary, efficient and participatory
p.(None): financing from direct and indirect contributions. The lack of ability to contribute shall not be ground for excluding
p.(None): persons from protection by the system. Social Security financial resources shall not be used for other purposes. The
p.(None): mandatory assessments paid by employees to cover medical and health care services and other Social
p.(None): Security benefits shall be administered only for social purposes, under the guidance of the State. Any net
p.(None): remaining balances of capital allocated to health, education and Social Security shall be accumulated for distribution
p.(None): and contribution to those services. The Social Security system shall be ruled by a special organic law.
p.(None):
p.(None): Article 87: All persons have the right and duty to work. The State guarantees the adoption of the
p.(None): necessary measures so that every person shall be able to obtain productive work providing him or her with a dignified
...
p.(None): shall not be eligible for election to the office of President of the Republic.
p.(None):
p.(None): Article 230: The presidential term is six years. The President* of the Republic may be re- elected, immediately and
p.(None): once only, to an additional term.
p.(None):
p.(None): Article 231: The candidate elected* shall take office as President* of the Republic on January 10 of the
p.(None): first year of his constitutional term, by taking an oath before the National Assembly. If for any
p.(None): supervening reason, the person elected President* of the Republic cannot be sworn in before the National
p.(None): Assembly, he shall take the oath of office before the Supreme Tribunal of Justice.
p.(None):
p.(None): Article 232: The President* of the Republic is responsible for his acts and for fulfilling the duties and
p.(None): obligations inherent to such position. Is obligated to endeavor the guarantee of the rights and liberties
p.(None): of Venezuelans*, as well as the independence, integrity, sovereignty and defense of the Republic. The
p.(None): declaration of states of exception does not modify the principle of the President* of the Republic's responsibility nor
p.(None): that of the Executive Vice President* or the Cabinet Ministers*, in accordance with this Constitution and
p.(None): law.
p.(None):
p.(None): Article 233: The President of the Republic* shall become permanently unavailable to serve by reason of any
p.(None): of the following events: death; resignation; removal from office by decision of the Supreme Tribunal of Justice;
p.(None): permanent physical or mental disability certified by a medical board designated by the Supreme Tribunal
p.(None): of Justice with the
p.(None):
p.(None): approval of the National Assembly; abandonment of his position, duly declared by the National Assembly; and
p.(None): recall by popular vote. When an elected President* becomes permanently unavailable to serve prior to his
p.(None): inauguration, a new election by universal suffrage and direct ballot shall be held within 30 consecutive days. Pending
p.(None): election and inauguration of the new President*, the President* of the National Assembly shall take charge of the
p.(None): Presidency of the Republic. When the President* of the Republic becomes permanently unavailable to serve during the
p.(None): first four years of this constitutional term of office, a new election by universal suffrage and direct ballot
p.(None): shall be held within 30 consecutive days. Pending election and inauguration of the new President*, the Executive
p.(None): Vice-President* shall take charge of the Presidency of the Republic. In the cases describes above, the
p.(None): new President* shall complete the current constitutional term of office. If the President becomes
p.(None): permanently unavailable to serve during the last two years of his constitutional term of office, the Executive
p.(None): Vice-President* shall take over the Presidency of the Republic until such term is completed.
p.(None): Article 234: A President of the Republic* who becomes temporarily unavailable to serve shall be replaced by the
p.(None): Executive Vice-President* for a period of up to 90 days, which may be extended by resolution of the National Assembly
p.(None): for an additional 90 days. If the temporarily unavailability continues for more than 90 consecutive days, the
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Health / Motherhood/Family
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p.(None): political rights can be suspended only by final judicial decision in the cases provided by law.
p.(None):
p.(None): Article 43: The right to life is inviolable. No law shall provide for the death penalty and no authority shall apply
p.(None): the same. The State shall protect the life of persons who are deprived of liberty, serving in the armed
p.(None): forces or civilian services, or otherwise subject to its authority.
p.(None):
p.(None): Article 44: Personal liberty is inviolable, therefore:
p.(None):
p.(None): (1) No person shall be arrested or detained except by virtue of a court order, unless such person is
p.(None): caught in fraganti. In the latter case, such person must be brought before a judge within forty-eight hours of
p.(None): his or her arrest. He or she shall remain* free during trial, except for reasons determined by law and
p.(None): assessed by the judge on a case-by case basis.
p.(None):
p.(None): (2) The bail as required by law for the release of a detainee shall not be subject to tax of any kind.
p.(None):
p.(None): (3) Any person under arrest has the right to communicate immediately with members of his or her family,
p.(None): an attorney* or any other person in whom he or she reposes trust, and such persons in turn have the right to be
p.(None): informed where the detainee is being held, to be notified immediately of the reasons for the arrest and to have a
p.(None): written record inserted into the case file concerning the physical or mental condition of the detainee, either by
p.(None): himself or herself, or with the aid of specialists. The competent authorities shall keep a public record of every
p.(None): arrest made, including the identity of the person arrested, the place, time, circumstances and the officers
p.(None): who made the arrest.
p.(None):
p.(None): (4) In the case of the arrest of foreign nationals, (male or female), applicable provisions of
p.(None): international treaties concerning consular notification shall also be observed.
p.(None):
p.(None): (5) The penalty shall not extend beyond the person of the convicted individual. No one shall be sentenced to
p.(None): perpetual or humiliating penalties. Penalties consisting of deprivation of liberty shall not exceed 30 years.
p.(None):
p.(None): (6) Any authority taking measures involving the deprivation of liberty must identify himself or herself.
p.(None):
p.(None): (7) No person shall remain under arrest after a release order has been issued by the competent
...
p.(None): adequate information for purposes of their overall development.
p.(None):
p.(None): Article 59: The State guarantees the freedom of cult and religion. All persons have the right to profess their
p.(None): religious faith and cults, and express their beliefs in private or in public, by teaching and other practices,
p.(None): provided such beliefs are not contrary to moral, good customs and public order. The autonomy and independence of
p.(None): religious confessions and churches is likewise guaranteed, subject only to such limitations as may derive from this
p.(None): Constitution and the law. Father and Mother are entitled to have their sons and daughters receive
p.(None): religious education in accordance with their convictions. No one shall invoke religious beliefs or discipline as
p.(None): a means of evading compliance with law or preventing another person* from exercising his or her rights.
p.(None):
p.(None): Article 60: Every person is entitled to protection of his or her honor, private life, intimacy,
p.(None): self-image, confidentiality and reputation. The use of electronic information shall be restricted by law
p.(None): in order to guarantee the personal and family intimacy and honor of citizens* and the full exercise of their
p.(None): rights.
p.(None):
p.(None): Article 61: All persons have the right to freedom of conscience, and to express the same except those practices
p.(None): affecting personality or constituting criminal offense. Objections of conscience may not be invoked in order to
p.(None): evade compliance with law or prevent others from complying with law or exercising their rights.
p.(None):
p.(None): Chapter IV
p.(None): Political Rights and Public Referenda Section One: Political Rights
p.(None):
p.(None): Article 62: All citizens* have the right to participate freely in public affairs, either directly or
p.(None): through their elected* representatives. The participation of the people in forming, carrying out and
p.(None): controlling the management of public affairs is the necessary way of achieving the involvement to ensure their complete
p.(None): development, both individual and collective. It is the obligation of the State and the duty of society to
p.(None): facilitate the generation of optimum conditions for putting this into practice.
p.(None):
p.(None): Article 63: Suffrage is a right. lt. shall be exercised through free, universal, direct and secret elections. The law
p.(None): shall guarantee the principle of personalization of suffrage and proportional representation.
p.(None):
p.(None): Article 64: All Venezuelans* who have reached the age of 18 and are not subject to political
...
p.(None): two-thirds vote of the members* of the Assembly or by 15% of the voters* registered on the civil and electoral
p.(None): registry.
p.(None):
p.(None): Article 74: Statutes whose abrogation are requested on the initiative of a number of voters constituting
p.(None): at least 10% of the voters registered in the civil and electoral registry, or by the President* of the Republic taken
p.(None): at a meeting of the Cabinet, shall be submitted to a referendum for its abrogation in whole or in part.
p.(None): Decrees with the force of law issued by the President of the Republic, making use of the authority
p.(None): prescribed under article 236, section 8 of this Constitution, may also be submitted to an abrogatory
p.(None): referendum, when it is requested by a number of voters constituting at least 5% of the total number of voters
p.(None): registered in the civil and electoral registry. In order for the abrogatory referendum to be valid, a number
p.(None): of voters constituting at least 40% of the total number of voters registered in the civil and electoral registry shall
p.(None): be essential. It
p.(None):
p.(None): shall not be possible to submit budget laws to an abrogatory referendum, neither those establishing or modifying
p.(None): taxes, relating to public credit, to amnesty, the protection, guaranteeing and developing human rights, nor
p.(None): those which ratify international treaties. There shall not be more than one abrogatory referendum on the same matter
p.(None): during the same constitutional term.
p.(None):
p.(None): Chapter V
p.(None): Social and Family Rights
p.(None):
p.(None): Article 75: The State shall protect families as a natural association in society, and as the fundamental space for the
p.(None): overall development of persons. Family relationships are based on equality of rights and duties, solidarity,
p.(None): common effort, mutual understanding and reciprocal respect among family members. The State guarantees protection to
p.(None): the mother, father or other person acting as head of a household. Children* and adolescents have the right to live, be
p.(None): raised and develop in the bosom of their original family. When this is impossible or contrary to their best
p.(None): interests, they shall have the right to a substitute family, in accordance with law. Adoption has effects
p.(None): similar to those of parenthood, and is established in all cases for the benefit of the adoptee*, in
p.(None): accordance with law. International adoption shall be subordinated to domestic adoption.
p.(None):
p.(None): Article 76: Motherhood and fatherhood are fully protected, whatever the marital status of the mother or father. Couples
p.(None): have the right to decide freely and responsibly how many children* they wish to conceive, and are entitled to access to
p.(None): the information and means necessary to guarantee the exercise of this right. The State guarantees overall assistance
p.(None): and protection for motherhood, in general, from the moment of conception, throughout pregnancy, delivery and the
p.(None): puerperal period, and guarantees full family planning services based on ethical and scientific values. The father
p.(None): and mother have the shared and inescapable obligation of raising, training, educating, maintaining and caring
p.(None): for their children*, and the latter have the duty to provide care when the former are unable to do so by themselves.
p.(None): The necessary and proper measures to guarantee the enforceability of the obligation to provide alimony shall be
p.(None): established by law.
p.(None):
p.(None): Article 77: Marriage, which is based on free consent and absolute equality of rights and obligations of the spouses,
p.(None): is protected. A stable de facto union between a man and a woman which meets the requirements established by
p.(None): law shall have the same effects as marriage.
p.(None):
p.(None): Article 78: Children* and adolescents are full legal persons and shall be protected by specialized courts,
p.(None): organs and legislation, which shall respect, guarantee and develop the contents of this Constitution, the law, the
p.(None): Convention on Children's Rights and any other international treaty that may have been executed and ratified by the
p.(None): Republic in this field. The State, families and society shall guarantee full protection as an absolute
p.(None): priority, taking into account their best interest in actions and decisions concerning them. The State shall promote
p.(None): their progressive incorporation into active citizenship, and shall create a national guidance system for the
p.(None): overall protection of children* and adolescents.
p.(None):
p.(None): Article 79: Young people have the right and duty to be active participants in the development process.
p.(None): The State, with the joint participation of families and society, shall create opportunities to stimulate their
p.(None): productive transition into adult life, including in particular training for and access to their first employment,
p.(None): in accordance with law.
p.(None):
p.(None): Article 80: The State shall guarantee senior citizens* the full exercise of their rights and guarantees. The State,
p.(None): with the joint participation of families and society, is obligated to respect their human dignity, autonomy and to
p.(None): guarantee them full care and social security benefits to improve and guarantee their quality of life. Pension and
p.(None): retirement benefits granted through the social security system shall not be less than the urban minimum
p.(None): salary. Senior citizens* shall be guaranteed to have the right to a proper work, if they indicate a
p.(None): desire to work and are capable to.
p.(None):
p.(None): Article 81: Any person with disability or special needs has the right to the full and autonomous
p.(None): exercise of his or her abilities and to its integration into the family and community. The State, with
p.(None): the joint participation of families and society, guarantees them respect for their human dignity, equality
p.(None): of opportunity and satisfactory working conditions, and shall promote their training, education and access
p.(None): to employment appropriate to their condition, in accordance with law. It is recognized that deaf persons have the
p.(None): right to express themselves and communicate through the Venezuelan sign language.
p.(None):
p.(None): Article 82: Every person has the right to adequate, safe and comfortable, hygienic housing, with
p.(None): appropriate essential basic services, including a habitat such as to humanize family, neighborhood and community
p.(None): relations. The progressive meeting of this requirement is the shared responsibility of citizens* and the
p.(None): State in all areas. The State shall give priority to families, and shall guarantee them, especially those
p.(None): with meager resources, the possibility of access to social policies and credit for the construction,
p.(None): purchase or enlargement of dwellings.
p.(None):
p.(None): Article 83: Health is a fundamental social right and the responsibility of the State, which shall guarantee it as part
p.(None): of the right to life. The State shall promote and develop policies oriented toward improving the quality of life,
p.(None): common welfare and access to services. All persons have the right to protection of health, as well as the duty to
p.(None): participate actively in the furtherance and protection of the same, and to comply with such health and hygiene measures
p.(None): as may be established by law, and in accordance with international conventions and treaties signed and ratified by the
p.(None): Republic.
p.(None):
p.(None): Article 84: In order to guarantee the right to health, the State creates, exercises guidance over and administers a
p.(None): national public health system that crosses sector boundaries, and is decentralized and participatory in nature,
p.(None): integrated with the social security system and governed by the principles of gratuity, universality,
p.(None): completeness, fairness, social integration and solidarity. The public health system gives priority to
...
p.(None): assets and services are the property of the State and shall not be privatized. The
p.(None):
p.(None): organized community has the right and duty to participate in the making of decisions concerning policy
p.(None): planning, implementation and control at public health institutions.
p.(None):
p.(None): Article 85: Financing of the public health system is the responsibility of the State, which shall integrate the
p.(None): revenue resources, mandatory Social Security contributions and any other sources of financing provided for by
p.(None): law. The State guarantees a health budget such as to make possible the attainment of health policy objectives.
p.(None): In coordination with universities and research centers, a national professional and technical training policy and a
p.(None): national industry to produce health care supplies shall be promoted and developed. The State shall regulate both
p.(None): public and private health care institutions. Article 86: All persons are entitled to Social Security as a
p.(None): nonprofit public service to guarantee health and protection in contingencies of maternity, fatherhood, illness,
p.(None): invalidity, catastrophic illness, disability, special needs, occupational risks, loss of employment, unemployment, old
p.(None): age, widowhood, loss of parents, housing, burdens deriving from family life, and any other social welfare
p.(None): circumstances. The State has the obligation and responsibility of ensuring the efficacy of this right,
p.(None): creating a universal and complete Social Security system, with joint, unitary, efficient and participatory
p.(None): financing from direct and indirect contributions. The lack of ability to contribute shall not be ground for excluding
p.(None): persons from protection by the system. Social Security financial resources shall not be used for other purposes. The
p.(None): mandatory assessments paid by employees to cover medical and health care services and other Social
p.(None): Security benefits shall be administered only for social purposes, under the guidance of the State. Any net
p.(None): remaining balances of capital allocated to health, education and Social Security shall be accumulated for distribution
p.(None): and contribution to those services. The Social Security system shall be ruled by a special organic law.
p.(None):
p.(None): Article 87: All persons have the right and duty to work. The State guarantees the adoption of the
p.(None): necessary measures so that every person shall be able to obtain productive work providing him or her with a dignified
p.(None): and decorous living and guarantee him or her the full exercise of this right. It is an objective of the
p.(None): State to promote employment. Measures tending to guarantee the exercise of the labor rights of self employed persons
p.(None): shall be adopted by law. Freedom to work shall be subject only to such restrictions as may be established by law.
...
p.(None): applied in its entirety.
p.(None):
p.(None): (4) Any measure or act on the part of an employer in violation of this Constitution is null and void, and
p.(None): of no effect.
p.(None):
p.(None): (5) All types of discrimination because of political reasons, age, race, creed, sex or any other
p.(None): characteristic is prohibited.
p.(None):
p.(None): (6) Work by adolescents at tasks that may affect their overall development is prohibited. The State shall protect them
p.(None): against any economic and social exploitation.
p.(None):
p.(None): Article 90: Working hours shall not exceed eight hours per day or 44 hours per week. Where permitted by law, night work
p.(None): shall not exceed seven hours per day or 35 hours per week. No employer shall have the right to require employees to
p.(None): work overtime. An effort shall be made to reduce working hours progressively in the interest of society and in such
p.(None): sphere as may be determined, and appropriate provisions shall be adopted to make better use of free time for the
p.(None): benefit of the physical, spiritual and cultural development of workers*. Workers are entitled to weekly time
p.(None): off and paid vacations on the same terms as for days actually worked.
p.(None):
p.(None): Article 91: Every worker* has the right to a salary sufficient to enable him or her to live with dignity and cover
p.(None): basic material, social and intellectual needs for himself or herself and his or her family. The payment of equal salary
p.(None): for equal work is guaranteed, and the share of the profits of a business enterprise to which workers are
p.(None): entitled shall be determined. Salary is not subject to garnishment, and shall be paid periodically and
p.(None): promptly in legal tender, with the exception of the food allowance, in accordance with law. The State guarantees
p.(None): workers* in both the public and the private sector a vital minimum salary which shall be adjusted each year,
p.(None): taking as one of the references the cost of a basic market basket. The form and procedure to be followed,
p.(None): shall be established by law. Article 92: All workers* have the right to benefits to compensate them for
p.(None): length of service and protect them in the event of dismissal. Salary and benefits are labor obligations due and payable
p.(None): immediately upon accrual. Any delay in payment
p.(None):
p.(None): of the same shall bear interest, which constitutes a debt certain and shall enjoy the same privileges and guarantees as
p.(None): the principal debt.
p.(None):
p.(None): Article 93: Stable employment shall be guaranteed by law, with provisions as appropriate to
p.(None): restrict any form of unjustified dismissal. Dismissals contrary to this Constitution are null and void.
p.(None):
p.(None): Article 94: The liability of the natural or juridical person for whose benefit services are provided through an
p.(None): intermediary or contractor shall be determined by law, without prejudice to the job and severance liability of
p.(None): the latter. The State shall establish, through the competent organ, the liability to which employers* in general are
...
p.(None): and providing of household public utility services, the application of policy with respect to these matters
p.(None):
p.(None): on a basis of fairness, justice and social interest content, according with delegation established on law
p.(None): related to this matter, the promotion of participation and improvement, in general, of living conditions in the
p.(None): community, in the following areas:
p.(None):
p.(None): (1) Territorial zoning and city planning matters; historic heritage; housing in the interest of society; local tourism;
p.(None): parks and gardens; plazas; bathing and other recreational areas; civil architecture, nomenclature and public
p.(None): ornament.
p.(None):
p.(None): (2) Urban roadways; circulation and ordering of vehicular and pedestrian traffic on municipal thoroughfares;
p.(None): urban public passenger * transportation services.
p.(None):
p.(None): (3) Public spectacles and commercial advertising, to the extent pertinent to specific municipal interests and purposes.
p.(None):
p.(None): (4) Protection of the environment and cooperation with environmental sanitation efforts; urban and
p.(None): household sanitation, including cleaning, waste collection and treatment and civil protection.
p.(None):
p.(None): (5) Healthiness and primary health care; services for the protection of infants and children, adolescents and
p.(None): senior citizens; preschool education; family services to integrate the disabled into the development of the
p.(None): community; cultural and sports activities and facilities. Prevention and protective services; surveillance
p.(None): and control of property and activities relating to matters within municipal competency.
p.(None):
p.(None): (6) Drinking water services, electricity and gas for household use, sewers. channeling and disposal of wastewater;
p.(None): cemeteries and funeral services.
p.(None):
p.(None): (7) Small claims courts, neighborhood prevention and protection and municipal police services, in
p.(None): accordance with applicable national legislation.
p.(None):
p.(None): (8) Any others with which Municipalities may be charged under the Constitution and by law. The actions that
p.(None): Municipalities have the power to take within the scope of their competence are without prejudice to national and
p.(None): state competence as defined by law in accordance with the Constitution.
p.(None):
p.(None): Article 179: Municipalities shall have the following revenues:
p.(None):
p.(None): (1) Those deriving from their capital assets, including the proceeds from their common lands and other property.
p.(None):
p.(None): (2) Charges for the use of their goods or services; administrative charges for licenses or authorizations; taxes on
p.(None): economic activities in the areas of industry, business and services, or those of similar kind, with
...
p.(None): Article 306: The State shall promote conditions for overall rural development, for the purpose of
p.(None): generating employment and ensuring the rural population an adequate level of well-being, as well as their inclusion in
p.(None): national development. It shall likewise promote agricultural activity and optimum land use by providing infrastructure
p.(None): projects, supplies, loans, training services and technical assistance.
p.(None):
p.(None): Article 307: The predominance of large land estates is contrary to the interests of society. Appropriate tax law
p.(None): provisions shall be enacted to tax fallow lands and establish the necessary measures to transform
p.(None): them into productive economic units, likewise recovering arable land. Farmers and other agricultural
p.(None): producers are entitled to own land, in the cases and forms specified under the pertinent law. The State
p.(None): shall protect and promote associative and private forms of property in such manner as to guarantee
p.(None): agricultural production. The State shall see to the sustainable ordering of arable land to guarantee its food producing
p.(None): potential. In exceptional cases, quasi-tax contributions shall be created to provide funds for financing,
p.(None): research, technical assistance, transfer of technology and other activities that promote the productivity and
p.(None): competitiveness of the agricultural sector. These matters shall be appropriately regulated by law.
p.(None):
p.(None): Article 308: The State shall protect and promote small and medium-sized manufacturers, cooperatives, savings funds,
p.(None): family owned businesses, small businesses and any other form of community association for purposes of work,
p.(None): savings and consumption, under an arrangement of collective ownership, to strength the country's economic
p.(None): development, based on the initiative of the people. Training, technical assistance and appropriate financing
p.(None): shall be guaranteed.
p.(None):
p.(None): Article 309: Typical Venezuelan crafts and folk industries shall enjoy the special protection of the State,
p.(None): in order to preserve their authenticity, and they shall receive credit facilities to promote production and marketing.
p.(None):
p.(None): Article 310: Tourism is an economic activity in the national interest, and represents a high priority in
p.(None): the country's strategy of diversification and sustainable development. As part of the foundation of the
p.(None): socioeconomic regime contemplated by this Constitution, the State shall promulgate measures to guarantee the
p.(None): development of tourism. The State shall see to the creation and strengthening of a national tourist industry.
p.(None):
p.(None): Chapter II
p.(None): Tax and Monetary System Section One: Budget System
p.(None):
p.(None): Article 311: Fiscal Policy shall be governed and implemented on principles of efficiency, solvency, transparency,
p.(None): responsibility and fiscal balance. Fiscal Policy is to be balanced over a multiyear budget framework, in such
p.(None): manner that ordinary revenues shall be sufficient to cover ordinary expenses. The National Executive shall submit
p.(None): for enactment by the National Assembly a multiyear framework for budgeting that establishes the maximum
...
Searching for indicator motherhood:
(return to top)
p.(None): during the same constitutional term.
p.(None):
p.(None): Chapter V
p.(None): Social and Family Rights
p.(None):
p.(None): Article 75: The State shall protect families as a natural association in society, and as the fundamental space for the
p.(None): overall development of persons. Family relationships are based on equality of rights and duties, solidarity,
p.(None): common effort, mutual understanding and reciprocal respect among family members. The State guarantees protection to
p.(None): the mother, father or other person acting as head of a household. Children* and adolescents have the right to live, be
p.(None): raised and develop in the bosom of their original family. When this is impossible or contrary to their best
p.(None): interests, they shall have the right to a substitute family, in accordance with law. Adoption has effects
p.(None): similar to those of parenthood, and is established in all cases for the benefit of the adoptee*, in
p.(None): accordance with law. International adoption shall be subordinated to domestic adoption.
p.(None):
p.(None): Article 76: Motherhood and fatherhood are fully protected, whatever the marital status of the mother or father. Couples
p.(None): have the right to decide freely and responsibly how many children* they wish to conceive, and are entitled to access to
p.(None): the information and means necessary to guarantee the exercise of this right. The State guarantees overall assistance
p.(None): and protection for motherhood, in general, from the moment of conception, throughout pregnancy, delivery and the
p.(None): puerperal period, and guarantees full family planning services based on ethical and scientific values. The father
p.(None): and mother have the shared and inescapable obligation of raising, training, educating, maintaining and caring
p.(None): for their children*, and the latter have the duty to provide care when the former are unable to do so by themselves.
p.(None): The necessary and proper measures to guarantee the enforceability of the obligation to provide alimony shall be
p.(None): established by law.
p.(None):
p.(None): Article 77: Marriage, which is based on free consent and absolute equality of rights and obligations of the spouses,
p.(None): is protected. A stable de facto union between a man and a woman which meets the requirements established by
p.(None): law shall have the same effects as marriage.
p.(None):
p.(None): Article 78: Children* and adolescents are full legal persons and shall be protected by specialized courts,
p.(None): organs and legislation, which shall respect, guarantee and develop the contents of this Constitution, the law, the
p.(None): Convention on Children's Rights and any other international treaty that may have been executed and ratified by the
p.(None): Republic in this field. The State, families and society shall guarantee full protection as an absolute
...
Health / Physically Disabled
Searching for indicator illness:
(return to top)
p.(None): national public health system that crosses sector boundaries, and is decentralized and participatory in nature,
p.(None): integrated with the social security system and governed by the principles of gratuity, universality,
p.(None): completeness, fairness, social integration and solidarity. The public health system gives priority to
p.(None): promoting health and preventing disease, guaranteeing prompt treatment and quality rehabilitation. Public health
p.(None): assets and services are the property of the State and shall not be privatized. The
p.(None):
p.(None): organized community has the right and duty to participate in the making of decisions concerning policy
p.(None): planning, implementation and control at public health institutions.
p.(None):
p.(None): Article 85: Financing of the public health system is the responsibility of the State, which shall integrate the
p.(None): revenue resources, mandatory Social Security contributions and any other sources of financing provided for by
p.(None): law. The State guarantees a health budget such as to make possible the attainment of health policy objectives.
p.(None): In coordination with universities and research centers, a national professional and technical training policy and a
p.(None): national industry to produce health care supplies shall be promoted and developed. The State shall regulate both
p.(None): public and private health care institutions. Article 86: All persons are entitled to Social Security as a
p.(None): nonprofit public service to guarantee health and protection in contingencies of maternity, fatherhood, illness,
p.(None): invalidity, catastrophic illness, disability, special needs, occupational risks, loss of employment, unemployment, old
p.(None): age, widowhood, loss of parents, housing, burdens deriving from family life, and any other social welfare
p.(None): circumstances. The State has the obligation and responsibility of ensuring the efficacy of this right,
p.(None): creating a universal and complete Social Security system, with joint, unitary, efficient and participatory
p.(None): financing from direct and indirect contributions. The lack of ability to contribute shall not be ground for excluding
p.(None): persons from protection by the system. Social Security financial resources shall not be used for other purposes. The
p.(None): mandatory assessments paid by employees to cover medical and health care services and other Social
p.(None): Security benefits shall be administered only for social purposes, under the guidance of the State. Any net
p.(None): remaining balances of capital allocated to health, education and Social Security shall be accumulated for distribution
p.(None): and contribution to those services. The Social Security system shall be ruled by a special organic law.
p.(None):
p.(None): Article 87: All persons have the right and duty to work. The State guarantees the adoption of the
...
Social / Access to Social Goods
Searching for indicator social welfare:
(return to top)
p.(None): Security benefits shall be administered only for social purposes, under the guidance of the State. Any net
p.(None): remaining balances of capital allocated to health, education and Social Security shall be accumulated for distribution
p.(None): and contribution to those services. The Social Security system shall be ruled by a special organic law.
p.(None):
p.(None): Article 87: All persons have the right and duty to work. The State guarantees the adoption of the
p.(None): necessary measures so that every person shall be able to obtain productive work providing him or her with a dignified
p.(None): and decorous living and guarantee him or her the full exercise of this right. It is an objective of the
p.(None): State to promote employment. Measures tending to guarantee the exercise of the labor rights of self employed persons
p.(None): shall be adopted by law. Freedom to work shall be subject only to such restrictions as may be established by law.
p.(None): Every employer* shall guarantee employees* adequate safety, hygienic and environmental conditions on the job.
p.(None): The State shall adopt measures and create institutions such as to make it possible to control and promote these
p.(None): conditions.
p.(None):
p.(None): Article 88: The State guarantees the equality and equitable treatment of men and women in the exercise of the right to
p.(None): work. The state recognizes work at home as an economic activity that creates added value and produces social welfare
p.(None): and wealth. Housewives are entitled to Social Security in accordance with law.
p.(None):
p.(None): Article 89: Work is a social fact and shall enjoy the protection of the State. The law shall make the necessary
p.(None): provisions for improving the material, moral and intellectual conditions of workers*. In order to fulfill
p.(None): this duty of the State, the following principles are established:
p.(None):
p.(None): (1) No law shall establish provisions that affect the intactness and progressive nature of labor rights and
p.(None): benefits. In labor relations, reality shall prevail over forms or appearances.
p.(None):
p.(None): (2) Labor rights are unrenounceable; any action, agreement or convention involving a waiver of or encroachment upon
p.(None): these rights is null and void. Concessions and settlements are possible only at the end of the
p.(None): employment relationship, in accordance with the requirements established by law.
p.(None):
p.(None): (3) When there are doubts concerning application or conflicts among several rules, or in the
p.(None): interpretation of a particular rule, that most favorable to the worker shall be applied. The rule applied must be
p.(None): applied in its entirety.
p.(None):
p.(None): (4) Any measure or act on the part of an employer in violation of this Constitution is null and void, and
p.(None): of no effect.
p.(None):
p.(None): (5) All types of discrimination because of political reasons, age, race, creed, sex or any other
p.(None): characteristic is prohibited.
p.(None):
...
p.(None): demonstrate the ability to provide, promoting:
p.(None):
p.(None): (1) The transfer of services in the areas of health, education, housing, sports, culture, social
p.(None): programs, the environment, maintenance of industrial areas, maintenance and upkeep of urban areas,
p.(None): neighborhood prevention and protective services, construction of works projects and providing of public
p.(None): services. To this end, they shall have the power to enter into agreements, whose content shall be guided by
p.(None): the principles of interdependence, coordination, cooperation and shared responsibility.
p.(None):
p.(None): (2) Participation by communities and citizens*, through neighborhood associations and nongovernmental
p.(None): organizations, in the formulation of investment proposals for presentation before the state and municipal
p.(None): authorities in charge of preparing the pertinent investment plans, as well as participation in the execution,
p.(None): evaluation and control of works projects, social programs and public services within their jurisdiction.
p.(None):
p.(None): (3) Participation in economic processes, stimulating manifestations of the social economy, such as cooperatives,
p.(None): saving funds, mutual funds and other forms of association.
p.(None):
p.(None): (4) Participation by workers* and communities in the running of public sector business enterprises,
p.(None): through self-management and joint management methods.
p.(None):
p.(None): (5) Creation of community service enterprises, organizations and cooperatives as mechanisms to generate
p.(None): employment and social Welfare, providing for their permanent existence through the design of policies whereby
p.(None): these groups are given means of participating.
p.(None):
p.(None): (6) Creation of new decentralized organs at the parish, community, ward and neighborhood levels, with a view to
p.(None): guaranteeing the principle of shared responsibility in the public administration of local and state
p.(None): governments, and developing process of self-management and joint management in the administration and
p.(None): control of state and municipal public services.
p.(None):
p.(None): (7) Participation by communities in activities to establish closer ties with penal institutions and ties between the
p.(None): latter and the general population.
p.(None):
p.(None): Chapter V
p.(None): The Federal Council on Government
p.(None):
p.(None): Article 185: The Federal Council on Government is the organ charged with planning and coordination of policies and
p.(None): actions to develop the process of decentralization and transfer of powers from National Authority to the States
p.(None): and Municipalities. It shall be presided over by the Executive Vice-President* and shall consist of
p.(None): the Cabinet ministers, the Governors*, one Mayor* from each State and representatives of organized society, in
p.(None): accordance, with law. The Federal Council on Government shall have a Secretariat made up of the Executive
p.(None): Vice-President*, two Ministers*, three Governors* and three Mayors*. The Federal Council on Government shall have a
p.(None): dependency known as the Inter territorial Compensation Fund, intended for the purpose of financing public investments
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p.(None):
p.(None): Article 23: The treaties, pacts and conventions relating human rights which have been executed and ratified by
p.(None): Venezuela have a constitutional rank, and prevail over internal legislation, insofar as they contain provisions
p.(None): concerning the enjoyment and exercise of such rights that are more favorable than those established by this
p.(None): Constitution and the laws of the Republic, and shall be immediately and directly applied by the courts
p.(None): and other organs of the Public Power.
p.(None):
p.(None): Article 24: No legislative provision shall have retroactive effect, except where it imposes a lesser penalty.
p.(None): Procedural laws shall apply from the moment they go into effect, even to proceedings already in progress; however,
p.(None): in criminal proceedings, evidence already admitted shall be weighed in accordance with the laws that were
p.(None): in effect when the evidence was admitted, insofar as this benefits the defendant. When there are doubts as to the
p.(None): rule of law that is to be applied, the most beneficial to the defendant will prevail.
p.(None):
p.(None): Article 25: Any act on the part of the Public Power that violates or encroaches upon the rights guaranteed by this
p.(None): Constitution and by law is null and void, and the public employees* ordering or implementing the
p.(None): same shall incur criminal, civil and administrative liability, as applicable in each case, with no defense on
p.(None): grounds of having followed the orders of a superior.
p.(None):
p.(None): Article 26: Everyone has the right to access the organs comprising the justice system for the purpose of enforcing his
p.(None): or her rights and interests, including those of a collective or diffuse nature to the effective protection of
p.(None): the aforementioned and to obtain the corresponding prompt decision. The State guarantees justice that is
p.(None): free of charge, accessible, impartial, suitable, transparent, autonomous, independent, responsible,
p.(None): equitable and expeditious, without undue delays, superfluous formalities or useless reinstating.
p.(None):
p.(None): Article 27: Everyone has the right to be protected by the courts in the enjoyment and exercise of
p.(None): constitutional rights and guarantees, including even those inherent individual rights not expressly mentioned in
p.(None): this Constitution or in international instruments concerning human rights. Proceedings on a claim for
p.(None): constitutional protection shall be oral, public, brief, free of charge and unencumbered by formalities, and
p.(None): the competent judge shall have the power to restore immediately the legal situation infringed upon or the closest
p.(None): possible equivalent thereto. All time shall be available for the holding of such proceedings, and the court shall
p.(None): give constitutional claims priority over any other matters. The action for the protection of liberty or
p.(None): safety, may be exercised by any person and the physical custody of the person of the detainee* shall
p.(None): be transferred immediately to the court, without delay. The exercise of this right shall not be affected in any way
p.(None): by the declaration of a state of exception or restriction of constitutional guarantees.
p.(None):
p.(None): Article 28: Anyone has the right of access to the information and data concerning him or her or his or her goods
p.(None): which are contained in official or private records, with such exceptions as may be established by law, as well
p.(None): as what use is being made of the same and the purpose thereof, and to petition the court of competent
p.(None): competence for the updating, correction or destruction of any records that are erroneous or unlawfully 'affect the
p.(None): petitioner's right. He or she may, as well, access documents of any nature containing information of interest to
p.(None): communities or group of persons. The foregoing is without prejudice to the confidentiality of sources
p.(None): from which information is received by journalist, or secrecy in other professions as may be determined by law.
p.(None):
p.(None): Article 29: The State is obliged to investigate and legally punish offenses against human rights committed by its
p.(None): authorities. Actions to punish the offense of violating humanity rights, serious violations of human rights and war
p.(None): crimes shall not be subject to statute of limitation. Human rights violations and the offense of violating humanity
p.(None): rights shall be investigated and adjudicated by the courts of ordinary competence. These offenses are
p.(None): excluded from any benefit that might render the offenders immune from punishment, including pardons and
p.(None): amnesty.
p.(None):
p.(None): Article 30: The State has the obligation to make full reparations to the victims of human rights violations for which
p.(None): it may be held responsible, and to the legal successors to such victims, including payment of damages. The State
p.(None): shall adopt the necessary legislative measures and measures of other nature to implement the reparations and
p.(None): damage compensation provided for under this article. The State shall protect the victims of
p.(None):
p.(None): ordinary crimes and endeavor to make the guilty parties provide reparations for the inflicted damages.
p.(None):
p.(None): Article 31: Everyone has the right, on the terms established by the human rights treaties, pacts and conventions
p.(None): ratified by the Republic, to address petitions and complaints to the intentional organs created for such purpose, in
...
p.(None): laboratory examinations, except when such person's life is in danger, or in any other circumstances as may
p.(None): be detained by law.
p.(None):
p.(None): (4) Any public official who, by reason of his official position, inflicts mistreatment or physical or mental
p.(None): suffering on any person or instigates or tolerates such treatment, shall be punished* in accordance with law.
p.(None):
p.(None): Article 47: A person's home and any private premise are inviolable. They may not be forcibly entered except
p.(None): by court order, to prevent the commission of a crime or carry out the decisions handed down by the
p.(None): courts in accordance with law, respecting human dignity in all cases. Any health inspections carried out in accordance
p.(None): with law shall be performed only after notice from the officials* ordering or carrying it out.
p.(None):
p.(None): Article 48: The secrecy and inviolability of private communications in all forms are guaranteed. The same
p.(None): may not be interfered with except by order of a competent court,
p.(None):
p.(None): with observance of applicable provisions of law and preserving the secrecy of the private issues unrelated to the
p.(None): pertinent proceedings.
p.(None):
p.(None): Article 49: All judicial and administrative actions shall be subject to due process, therefore:
p.(None):
p.(None): (1) Legal assistance and defense are inviolable rights at all stages and levels during the investigation and
p.(None): proceeding. Every person has the right to be notified of the charges for which he or she is being investigated, to have
p.(None): access to the evidence and to be afforded the necessary time and means to conduct his or her defense. Any
p.(None): evidence obtained in violation of due process shall be null and void. Any person declared guilty shall have the right
p.(None): to appeal, except in the cases established by this Constitution and by the law.
p.(None):
p.(None): (2) Any person shall be presumed innocent until proven otherwise.
p.(None):
p.(None): (3) Every person has the right to be heard in proceedings of any kind, with all due guarantees and within such
p.(None): reasonable time limit as may be legally detained, by a competent, independent and impartial court established in
p.(None): advance. Anyone who does not speak Spanish or is unable to communicate verbally is entitled to an
p.(None): interpreter.
p.(None):
p.(None): (4) Every person has the right to be judged by his or her natural judges of ordinary or special competence, with
p.(None): the guarantees established in this Constitution and by law. No person shall be put on trial without knowing the
p.(None): identity of the party judging him or her, nor be adjudged by exceptional courts or commissions
p.(None): created for such purpose.
p.(None):
p.(None): (5) No person shall be required to confess guilt or testify against himself or herself or his or her spouse or partner,
p.(None): or any other relative within the fourth degree of consanguinity or the second degree of affinity. A
p.(None): confession shall be valid only if given without coercion of any kind.
p.(None):
...
p.(None):
p.(None): Article 75: The State shall protect families as a natural association in society, and as the fundamental space for the
p.(None): overall development of persons. Family relationships are based on equality of rights and duties, solidarity,
p.(None): common effort, mutual understanding and reciprocal respect among family members. The State guarantees protection to
p.(None): the mother, father or other person acting as head of a household. Children* and adolescents have the right to live, be
p.(None): raised and develop in the bosom of their original family. When this is impossible or contrary to their best
p.(None): interests, they shall have the right to a substitute family, in accordance with law. Adoption has effects
p.(None): similar to those of parenthood, and is established in all cases for the benefit of the adoptee*, in
p.(None): accordance with law. International adoption shall be subordinated to domestic adoption.
p.(None):
p.(None): Article 76: Motherhood and fatherhood are fully protected, whatever the marital status of the mother or father. Couples
p.(None): have the right to decide freely and responsibly how many children* they wish to conceive, and are entitled to access to
p.(None): the information and means necessary to guarantee the exercise of this right. The State guarantees overall assistance
p.(None): and protection for motherhood, in general, from the moment of conception, throughout pregnancy, delivery and the
p.(None): puerperal period, and guarantees full family planning services based on ethical and scientific values. The father
p.(None): and mother have the shared and inescapable obligation of raising, training, educating, maintaining and caring
p.(None): for their children*, and the latter have the duty to provide care when the former are unable to do so by themselves.
p.(None): The necessary and proper measures to guarantee the enforceability of the obligation to provide alimony shall be
p.(None): established by law.
p.(None):
p.(None): Article 77: Marriage, which is based on free consent and absolute equality of rights and obligations of the spouses,
p.(None): is protected. A stable de facto union between a man and a woman which meets the requirements established by
p.(None): law shall have the same effects as marriage.
p.(None):
p.(None): Article 78: Children* and adolescents are full legal persons and shall be protected by specialized courts,
p.(None): organs and legislation, which shall respect, guarantee and develop the contents of this Constitution, the law, the
p.(None): Convention on Children's Rights and any other international treaty that may have been executed and ratified by the
p.(None): Republic in this field. The State, families and society shall guarantee full protection as an absolute
p.(None): priority, taking into account their best interest in actions and decisions concerning them. The State shall promote
p.(None): their progressive incorporation into active citizenship, and shall create a national guidance system for the
p.(None): overall protection of children* and adolescents.
p.(None):
p.(None): Article 79: Young people have the right and duty to be active participants in the development process.
p.(None): The State, with the joint participation of families and society, shall create opportunities to stimulate their
p.(None): productive transition into adult life, including in particular training for and access to their first employment,
p.(None): in accordance with law.
p.(None):
p.(None): Article 80: The State shall guarantee senior citizens* the full exercise of their rights and guarantees. The State,
p.(None): with the joint participation of families and society, is obligated to respect their human dignity, autonomy and to
p.(None): guarantee them full care and social security benefits to improve and guarantee their quality of life. Pension and
p.(None): retirement benefits granted through the social security system shall not be less than the urban minimum
p.(None): salary. Senior citizens* shall be guaranteed to have the right to a proper work, if they indicate a
p.(None): desire to work and are capable to.
p.(None):
p.(None): Article 81: Any person with disability or special needs has the right to the full and autonomous
p.(None): exercise of his or her abilities and to its integration into the family and community. The State, with
p.(None): the joint participation of families and society, guarantees them respect for their human dignity, equality
p.(None): of opportunity and satisfactory working conditions, and shall promote their training, education and access
p.(None): to employment appropriate to their condition, in accordance with law. It is recognized that deaf persons have the
p.(None): right to express themselves and communicate through the Venezuelan sign language.
p.(None):
p.(None): Article 82: Every person has the right to adequate, safe and comfortable, hygienic housing, with
p.(None): appropriate essential basic services, including a habitat such as to humanize family, neighborhood and community
p.(None): relations. The progressive meeting of this requirement is the shared responsibility of citizens* and the
p.(None): State in all areas. The State shall give priority to families, and shall guarantee them, especially those
p.(None): with meager resources, the possibility of access to social policies and credit for the construction,
p.(None): purchase or enlargement of dwellings.
p.(None):
p.(None): Article 83: Health is a fundamental social right and the responsibility of the State, which shall guarantee it as part
p.(None): of the right to life. The State shall promote and develop policies oriented toward improving the quality of life,
p.(None): common welfare and access to services. All persons have the right to protection of health, as well as the duty to
p.(None): participate actively in the furtherance and protection of the same, and to comply with such health and hygiene measures
p.(None): as may be established by law, and in accordance with international conventions and treaties signed and ratified by the
p.(None): Republic.
p.(None):
p.(None): Article 84: In order to guarantee the right to health, the State creates, exercises guidance over and administers a
p.(None): national public health system that crosses sector boundaries, and is decentralized and participatory in nature,
p.(None): integrated with the social security system and governed by the principles of gratuity, universality,
p.(None): completeness, fairness, social integration and solidarity. The public health system gives priority to
p.(None): promoting health and preventing disease, guaranteeing prompt treatment and quality rehabilitation. Public health
p.(None): assets and services are the property of the State and shall not be privatized. The
p.(None):
p.(None): organized community has the right and duty to participate in the making of decisions concerning policy
p.(None): planning, implementation and control at public health institutions.
p.(None):
p.(None): Article 85: Financing of the public health system is the responsibility of the State, which shall integrate the
p.(None): revenue resources, mandatory Social Security contributions and any other sources of financing provided for by
p.(None): law. The State guarantees a health budget such as to make possible the attainment of health policy objectives.
...
p.(None): be punished severely in accordance with law.
p.(None):
p.(None): Article 115: The right of property is guaranteed. Every person has the right to the use, enjoyment, usufruct and
p.(None): disposal of his or her goods. Property shall be subject to such contributions, restrictions and obligations as may be
p.(None): established by law in the service of the public or general interest. Only for reasons of public benefit or social
p.(None): interest by final judgment, with timely payment of fair compensation, the expropriation of any kind of
p.(None): property may be declared.
p.(None):
p.(None): Article 116: Confiscation of property shall not be ordered and carried out, but in the cases permitted by
p.(None): this Constitution. As an exceptional measure, the property of natural or legal persons of Venezuelan or foreign
p.(None): nationality who are responsible for crimes committed against public patrimony may be subject to
p.(None): confiscation, as may be the property of those who illicitly enriched themselves under cover of Public
p.(None): Power, and property deriving from business, financial or any other activities connected with unlawful trafficking in
p.(None): psychotropic and narcotic substances.
p.(None):
p.(None): Article 117: All persons shall have the right of access to goods and services of good quality, as well
p.(None): as to adequate and non-misleading information concerning the contents and characteristics of the products and services
p.(None): they consume, to freedom of choice and to fair and dignified treatment. The mechanisms necessary to guarantee these
p.(None): rights, the standards of quality and quantity for goods and services, consumer protection procedures, compensation for
p.(None): damages caused and appropriate penalties for the violation of these rights shall be established by law.
p.(None):
p.(None):
p.(None): Article 118: The right of workers and the community to develop associations of social and participative nature such
p.(None): as cooperatives, savings funds, mutual funds and other forms of association is recognized. These associations
p.(None): may develop any kind of economic activities in accordance with the law. The law shall recognize the
p.(None): specificity of these organizations, especially those relating the cooperative, the associated work and the
p.(None): generation of collective benefits. The state shall promote and protect these associations destined to improve the
p.(None): popular economic alternative.
p.(None):
p.(None): Chapter VIII
p.(None): Rights of Native People
p.(None):
p.(None): Article 119: The State recognizes the existence of native peoples and communities, their social, political and
p.(None): economic organization, their cultures, practices and customs, languages and religions, as well as
...
p.(None): shall be regulated by the law relating to the principles of bioethics. It is a fundamental duty of the State, with the
p.(None): active participation of society, to ensure that the populace develops in a pollution-free environment in which
p.(None): air, water, soil, coasts, climate, the ozone layer and living species receive special protection, in accordance with
p.(None): law.
p.(None): Article 128: The State shall develop a zoning policy taking into account ecological, geographic,
p.(None): demographic, social, cultural, economic and political realities, in accordance with the premises of sustainable
p.(None): development, including information, consultation and male/female participation by citizens. An organic law
p.(None): shall develop the principles and criteria for this zoning.
p.(None):
p.(None): Article 129: Any activities capable of generating damage to ecosystems must be preceded by environmental
p.(None): and socio-cultural impact studies. The State shall prevent toxic and hazardous waste from entering
p.(None): the country, as well as preventing the manufacture and use of nuclear, chemical and biological
p.(None): weapons. A special law shall regulate the use, handling, transportation and storage of toxic and hazardous
p.(None): substances. In contracts into which the Republic enters with natural or juridical persons of
p.(None): Venezuelan or foreign nationality, or in any permits granted which involve natural resources, the obligation
p.(None): to preserve the ecological balance, to permit access to, and the transfer of technology on mutually agreed terms
p.(None): and to restore the environment to its
p.(None):
p.(None): natural state if the latter is altered, shall be deemed included even if not expressed, on such terms as may be
p.(None): established by law.
p.(None): Chapter X
p.(None): Duties
p.(None): Article 130: Venezuelans* have the duty to honor and defend their native land symbols and cultural values and to
p.(None): guard and protect the sovereignty, nationhood, territorial integrity, self determination and interests of the
p.(None): nation.
p.(None):
p.(None): Article 131: Everyone has the duty to comply with and obey this Constitution and the laws and other official acts
p.(None): promulgated by the organs of Public Power.
p.(None):
p.(None): Article 132: Everyone has a duty to fulfill his or her social responsibilities and participate together in
p.(None): the political, civic and community life of the country, promoting and protecting human rights as the foundation
p.(None): of democratic coexistence and social peace.
p.(None): Article 133: Everyone has the duty to contribute toward public expenditures by paying such taxes, assessments and
p.(None): contributions as may be established by law.
p.(None):
p.(None): Article 134: Everyone, in accordance with law, has the duty to perform such civilian or military service as may be
p.(None): necessary for the defense, preservation and development of the country, or to deal with situations involving a public
...
p.(None):
p.(None): Article 138: An usurped authority is of no effect, and its acts are null and void.
p.(None):
p.(None): Article 139: The exercise of Public Power gives rise to individual liability for abuse or misapplication of power, or
p.(None): for violation of this Constitution or the law.
p.(None):
p.(None): Article 140: The State shall be financially liable for any damages suffered by private individuals to
p.(None): any of their property or rights, provided the harm is imputable to the functioning of Public
p.(None): Administration.
p.(None):
p.(None): Section Two: Public Administration
p.(None):
p.(None): Article 141: Public Administration is at the service of the citizen* and is based on the principles of honesty,
p.(None): participation, expeditiousness, efficacy, efficiency, transparency, accountability and responsibility in the
p.(None): performance of public functions, being fully subject to the law and to the right.
p.(None):
p.(None): Article 142: Autonomous institutions can be created only by law. Such institutions, as well as public interests in
p.(None): foundations or organs of any nature, shall be subject to State Control in such form as may be established by law.
p.(None):
p.(None): Article 143: Citizens* have the right to be informed by Public Administration, in a timely and truthful
p.(None): manner, of the status of proceedings in which they have a direct interest, and to be apprised of any final
p.(None): decisions adopted in the matter. Likewise, they have access to administrative files and records, without prejudice to
p.(None): the limits acceptable in a democratic society in matters relating to internal and external security,
p.(None): criminal, investigation and the intimacy of private life, in accordance with law regulating the matter of
p.(None): classification of documents with contents which are confidential or secret. No censorship of public officials*
p.(None): reporting on matters for which they are responsible shall be permitted.
p.(None):
p.(None): Section Three: Public Functions
p.(None):
p.(None): Article 144: Statutes governing public functions shall be enacted by law, with rules concerning entering,
p.(None): promotion, transfers, suspension and removal of employees* of Public Administration, and will provide for their
p.(None): incorporation into Social Security. The duties and requirements that are to be met by public employees* in the exercise
p.(None): of their official functions shall be determined by law. Article 145: Public officials or employees serve the state, and
p.(None): not any partisan interest. Their appointment and removal shall not be determined based on political affiliation or
p.(None): orientation. A person who is in the service of the Municipalities, the States, the Republic, or any other State public
p.(None): or private juridical persons, shall not be permitted to enter into a contract of any kind with them,
p.(None): either
p.(None):
...
p.(None): are in the public interest and of a strategic nature. The State shall promote the domestic manufacture
p.(None): of raw materials deriving from the exploitation of nonrenewable natural resources, with a view to assimilating,
p.(None): creating and inventing technologies, generating employment and economic growth and creating wealth and
p.(None): well-being for the people.
p.(None):
p.(None): Article 303: For reasons of economic and political sovereignty and national strategy, the State shall retain all
p.(None): shares of Petroleos de Venezuela, S.A. or the organ created to manage the petroleum industry, with the
p.(None): exception of subsidiaries, strategic joint ventures, business enterprises and any other venture established or
p.(None): coming in the future to be established as a consequence of the carrying on of the business of Petroleos
p.(None): de Venezuela, S.A.
p.(None):
p.(None): Article 304: All waters are property in the Nation's public domain, essential to life and development. The necessary
p.(None): provisions shall be established by law to guarantee the protection, utilization, and recuperation thereof,
p.(None): respecting the phases of the hydrological cycle and zoning criteria.
p.(None):
p.(None): Article 305: The State shall promote sustainable agriculture as the strategic basis for overall rural
p.(None): development, and consequently shall guarantee the population a secure food supply, defined as the sufficient and stable
p.(None): availability of food within the national sphere and timely and uninterrupted access to the same for consumers.
p.(None): A secure food supply must be achieved by developing and prioritizing internal agricultural and livestock
p.(None): production, understood as production deriving from the activities of agriculture, livestock, fishing
p.(None): and aquiculture. Food production is in the national interest and is fundamental to the economic and social
p.(None): development of the Nation. To this end, the State shall promulgate such financial, commercial, technological
p.(None): transfer, land tenancy, infrastructure, manpower training and other measures as may be necessary to
p.(None): achieve strategic levels of self-sufficiency. In addition, it shall promote actions in the national and international
p.(None): economic context to compensate for the disadvantages inherent to agricultural activity. The State
p.(None): shall protect the settlement and communities of non industrialized fishermen*, as well as their fishing banks in
p.(None): continental waters and those close to the coastline, as defined by law.
p.(None):
p.(None): Article 306: The State shall promote conditions for overall rural development, for the purpose of
p.(None): generating employment and ensuring the rural population an adequate level of well-being, as well as their inclusion in
p.(None): national development. It shall likewise promote agricultural activity and optimum land use by providing infrastructure
p.(None): projects, supplies, loans, training services and technical assistance.
p.(None):
p.(None): Article 307: The predominance of large land estates is contrary to the interests of society. Appropriate tax law
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p.(None): provided for by law, and shall be responsive to evaluation criteria based on merit, to the exclusion of
p.(None): any partisan or other nonacademic interference.
p.(None):
p.(None): Article 105: The professions requiring a degree and the conditions that must be met to practice them, including,
p.(None): professional organization membership, shall be determined by law.
p.(None):
p.(None): Article 106: Every natural or juridical person, subject, to demonstration of its ability and provided it meets at all
p.(None): times the ethical, academic, scientific, financial, infrastructure and any other requirements that may be established
p.(None): by law, shall be permitted to found and maintain private educational institutions under the strict inspection and
p.(None): vigilance of the State, with the prior approval of the latter.
p.(None):
p.(None): Article 107: Environmental education is obligatory in the various levels and modes of the education system, as well
p.(None): as in informal civil education. Spanish, Venezuelan geography and history and the principles of the Bolivarian
p.(None): thought shall be compulsory courses at public and private institutions up to the diversified cycle level.
p.(None):
p.(None): Article 108: The communications media, public and private, shall contribute to civil education. The State
p.(None): guarantees public radio and television services and library and computer networks, with a view to permitting
p.(None): universal access to information. Education centers are to incorporate knowledge and application of new
p.(None): technologies and the resulting innovations, in accordance with such requirements as may be established by law to this
p.(None): end.
p.(None):
p.(None): Article 109: The State shall recognize the autonomy of universities as a principle and status that
p.(None): allows teachers*, students* and graduates from its community, to devote themselves to the search for
p.(None): knowledge through research in the fields of science, humanistic and technology, for the spiritual
p.(None): and material benefit of the Nation. Autonomous universities shall adopt their own rules for their governance
p.(None): and operation and the efficient management of their property, under such control and vigilance as may be established by
p.(None): law to this end. Autonomy of universities is established in the planning, organization, preparation and updating of
p.(None): research, teaching and extension programs. The inviolability of the university campus is established.
p.(None): Experimental national universities shall attain their autonomy in accordance with law.
p.(None):
p.(None): Article 110: The State recognizes as being in the public interest science, technology, knowledge,
p.(None): innovation and the resulting applications, and the necessary information services, the same being fundamental
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Social / Age
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p.(None): ordinary crimes and endeavor to make the guilty parties provide reparations for the inflicted damages.
p.(None):
p.(None): Article 31: Everyone has the right, on the terms established by the human rights treaties, pacts and conventions
p.(None): ratified by the Republic, to address petitions and complaints to the intentional organs created for such purpose, in
p.(None): order to ask for protection of his or her human rights. The State shall adopt, in accordance with the procedures
p.(None): established under this Constitution and by the law, such measures as may be necessary to enforce the
p.(None): decisions emanating from international organs as provided for under this article.
p.(None):
p.(None): Chapter II
p.(None): Nationality and Citizenship Section One: Nationality
p.(None):
p.(None): Article 32: Are Venezuelans* by birth:
p.(None):
p.(None): (1) Any person who was born within the territory of the Republic.
p.(None):
p.(None): (2) Any person who was born in a foreign territory, and is the child of a father and mother who are both Venezuelans by
p.(None): birth.
p.(None):
p.(None): (3) Any person who was born in a foreign territory, and is the child of a father or a mother, who is Venezuelan
p.(None): by birth, provided they have established residence within the territory of the Republic or declared their intention
p.(None): to obtain the Venezuelan nationality.
p.(None):
p.(None): (4) Any person who was born in a foreign territory, and is the child of a father or a mother who is Venezuelan
p.(None): by naturalization, provided that prior to reaching the age of 18, they establish their residence within
p.(None): the territory of the Republic, and before reaching the age of 25 declare their intention to obtain the Venezuelan
p.(None): nationality.
p.(None):
p.(None): Article 33: Are considered Venezuelans* by naturalization:
p.(None):
p.(None): (1) Foreign nationals* who obtain a naturalization letter. In order to do so, they must have at least ten years of
p.(None): uninterrupted residence immediately preceding the application date.
p.(None):
p.(None): (2) The period of residence shall be reduced to five years in the case of foreign nationals whose original
p.(None): nationality is that of Spain, Portugal, Italy, or a Latin American or Caribbean country.
p.(None):
p.(None): (3) Foreign nationals* who marry a Venezuelan*, upon declaring their wish to adopt the Venezuelan nationality,
p.(None): which may be done at least five years after the date of marriage.
p.(None):
p.(None): (4) Minors of foreign nationality, on the date of the naturalization of one of his/her parent who exercises
p.(None): parental authority, provided that such minor declares his or her intention of adopting the Venezuelan nationality
p.(None): before reaching the age of 21, and has resided in Venezuela without interruption throughout the five-year
p.(None): period preceding such declaration.
p.(None):
p.(None): Article 34: The Venezuelan nationality is not lost upon electing or acquiring another nationality.
p.(None):
p.(None): Article 35: Venezuelans* by birth cannot be deprived of their nationality. The Venezuelan
p.(None): nationality by naturalization can be revoked only by a judgment handed down by a court in accordance with
p.(None): law.
p.(None):
p.(None): Article 36: Venezuelan nationality may be renounced. A person who renounces the Venezuelan nationality by
p.(None): birth may regain such nationality if he or she establishes a residence within the territory of the
p.(None): Republic for a period of at least two years, and expresses the intention of regaining the
p.(None): Venezuelan nationality. Naturalized Venezuelans* who renounce the Venezuelan nationality may regain it by again
p.(None): meeting the requirements prescribed under article 33 of this Constitution.
p.(None):
p.(None): Article 37: The State shall promote the celebration of international treaties related to nationality,
p.(None): especially with the bordering countries and those indicated in item 2 of Article 33 of this Constitution.
p.(None):
p.(None): Article 38: The substantive and procedural rules relating to the acquisition, election, renunciation and
p.(None): recovery of the Venezuelan nationality, as well as the revocation and withdrawal of naturalization, shall be
p.(None): determined by law, in compliance with the foregoing provisions.
p.(None):
p.(None): Section Two: Citizenship
p.(None):
p.(None): Article 39: Venezuelans* who are not subject to political disablement or civil interdiction, and
p.(None): meet the age requirements provided for in this Constitution, can exercise citizenship and therefore are entitled to
p.(None): political rights and duties in accordance to this Constitution.
p.(None):
p.(None): Article 40: Political rights are reserved to those who are Venezuelans*, with the exceptions established
p.(None): in this Constitution. Naturalized Venezuelans who have entered the country prior to reaching the age of
p.(None): seven years and have resided permanently in Venezuela until reaching legal age shall enjoy the same rights as
p.(None): Venezuelans by birth.
p.(None):
p.(None): Article 41: Only Venezuelans* by birth who have no other nationality shall be permitted to hold the offices of
p.(None): President* of the Republic, Executive Vice President, Chairman* and Vice-Chairman* of the National Assembly,
p.(None): Justices* of the Supreme Tribunal of Justice, Chairman* of the National Board of Elections, Attorney General of
p.(None): the Republic, Comptroller General* of the Republic, General Prosecutor* of the Republic, People
p.(None):
p.(None): Defender*, Ministers* with responsibilities relating to national security, finance, energy and mining or education;
p.(None): Governors* and Mayors* of border States and Municipalities and those contemplated under the Organic Law on the National
p.(None): Armed Forces. In order to hold the position of member* of the National Assembly, Minister* or Governors* and Mayors*
p.(None): of non-border States and Municipalities, naturalized Venezuelans must be domiciled in Venezuela with at
p.(None): least fifteen years of permanent residence, as well as meeting the capability requirements provided for by law.
p.(None):
p.(None): Article 42: Anyone who loses or renounces to nationality loses citizenship. The exercise of citizenship or any
p.(None): political rights can be suspended only by final judicial decision in the cases provided by law.
p.(None):
p.(None): Article 43: The right to life is inviolable. No law shall provide for the death penalty and no authority shall apply
...
p.(None): in order to guarantee the personal and family intimacy and honor of citizens* and the full exercise of their
p.(None): rights.
p.(None):
p.(None): Article 61: All persons have the right to freedom of conscience, and to express the same except those practices
p.(None): affecting personality or constituting criminal offense. Objections of conscience may not be invoked in order to
p.(None): evade compliance with law or prevent others from complying with law or exercising their rights.
p.(None):
p.(None): Chapter IV
p.(None): Political Rights and Public Referenda Section One: Political Rights
p.(None):
p.(None): Article 62: All citizens* have the right to participate freely in public affairs, either directly or
p.(None): through their elected* representatives. The participation of the people in forming, carrying out and
p.(None): controlling the management of public affairs is the necessary way of achieving the involvement to ensure their complete
p.(None): development, both individual and collective. It is the obligation of the State and the duty of society to
p.(None): facilitate the generation of optimum conditions for putting this into practice.
p.(None):
p.(None): Article 63: Suffrage is a right. lt. shall be exercised through free, universal, direct and secret elections. The law
p.(None): shall guarantee the principle of personalization of suffrage and proportional representation.
p.(None):
p.(None): Article 64: All Venezuelans* who have reached the age of 18 and are not subject to political
p.(None): disablement or civil interdiction are qualified to vote. In state, municipal and parish elections, the
p.(None): right to vote shall be extended to foreign nationals* who have reached the age of 18 and have resided in
p.(None): Venezuela for more than ten years, subject to the limitations established in this Constitution and by law, and
p.(None): provided they are not subject to political disablement or civil interdiction.
p.(None):
p.(None): Article 65: Persons who have been convicted* of crimes committed while holding office or other offenses against public
p.(None): property, shall be ineligible to run for any office filled by popular vote, for such period as may be prescribed by law
p.(None): after serving their sentences, depending on the seriousness of the offense.
p.(None):
p.(None): Article 66: Voters have the right to obtain from their public representatives, transparent and periodic accounting for
p.(None): their office, in accordance with the offered program.
p.(None):
p.(None): Article 67: All citizens* have the right of association for political purposes, through democratic methods
p.(None): of organization, operation and direction. Their governing organs and candidates* for offices filled by popular vote,
p.(None): shall be selected* by internal elections with participation of their members. No financing of associations for
p.(None): political purposes with State funds shall be permitted. Matters relating to the financing of and
p.(None): private contributions to associations for political purposes shall be regulated by law, as shall the oversight
p.(None): mechanisms to guarantee propriety as to the sources and handling of such funds. Law shall regulate as well,
...
p.(None): promoting health and preventing disease, guaranteeing prompt treatment and quality rehabilitation. Public health
p.(None): assets and services are the property of the State and shall not be privatized. The
p.(None):
p.(None): organized community has the right and duty to participate in the making of decisions concerning policy
p.(None): planning, implementation and control at public health institutions.
p.(None):
p.(None): Article 85: Financing of the public health system is the responsibility of the State, which shall integrate the
p.(None): revenue resources, mandatory Social Security contributions and any other sources of financing provided for by
p.(None): law. The State guarantees a health budget such as to make possible the attainment of health policy objectives.
p.(None): In coordination with universities and research centers, a national professional and technical training policy and a
p.(None): national industry to produce health care supplies shall be promoted and developed. The State shall regulate both
p.(None): public and private health care institutions. Article 86: All persons are entitled to Social Security as a
p.(None): nonprofit public service to guarantee health and protection in contingencies of maternity, fatherhood, illness,
p.(None): invalidity, catastrophic illness, disability, special needs, occupational risks, loss of employment, unemployment, old
p.(None): age, widowhood, loss of parents, housing, burdens deriving from family life, and any other social welfare
p.(None): circumstances. The State has the obligation and responsibility of ensuring the efficacy of this right,
p.(None): creating a universal and complete Social Security system, with joint, unitary, efficient and participatory
p.(None): financing from direct and indirect contributions. The lack of ability to contribute shall not be ground for excluding
p.(None): persons from protection by the system. Social Security financial resources shall not be used for other purposes. The
p.(None): mandatory assessments paid by employees to cover medical and health care services and other Social
p.(None): Security benefits shall be administered only for social purposes, under the guidance of the State. Any net
p.(None): remaining balances of capital allocated to health, education and Social Security shall be accumulated for distribution
p.(None): and contribution to those services. The Social Security system shall be ruled by a special organic law.
p.(None):
p.(None): Article 87: All persons have the right and duty to work. The State guarantees the adoption of the
p.(None): necessary measures so that every person shall be able to obtain productive work providing him or her with a dignified
p.(None): and decorous living and guarantee him or her the full exercise of this right. It is an objective of the
p.(None): State to promote employment. Measures tending to guarantee the exercise of the labor rights of self employed persons
...
p.(None): and wealth. Housewives are entitled to Social Security in accordance with law.
p.(None):
p.(None): Article 89: Work is a social fact and shall enjoy the protection of the State. The law shall make the necessary
p.(None): provisions for improving the material, moral and intellectual conditions of workers*. In order to fulfill
p.(None): this duty of the State, the following principles are established:
p.(None):
p.(None): (1) No law shall establish provisions that affect the intactness and progressive nature of labor rights and
p.(None): benefits. In labor relations, reality shall prevail over forms or appearances.
p.(None):
p.(None): (2) Labor rights are unrenounceable; any action, agreement or convention involving a waiver of or encroachment upon
p.(None): these rights is null and void. Concessions and settlements are possible only at the end of the
p.(None): employment relationship, in accordance with the requirements established by law.
p.(None):
p.(None): (3) When there are doubts concerning application or conflicts among several rules, or in the
p.(None): interpretation of a particular rule, that most favorable to the worker shall be applied. The rule applied must be
p.(None): applied in its entirety.
p.(None):
p.(None): (4) Any measure or act on the part of an employer in violation of this Constitution is null and void, and
p.(None): of no effect.
p.(None):
p.(None): (5) All types of discrimination because of political reasons, age, race, creed, sex or any other
p.(None): characteristic is prohibited.
p.(None):
p.(None): (6) Work by adolescents at tasks that may affect their overall development is prohibited. The State shall protect them
p.(None): against any economic and social exploitation.
p.(None):
p.(None): Article 90: Working hours shall not exceed eight hours per day or 44 hours per week. Where permitted by law, night work
p.(None): shall not exceed seven hours per day or 35 hours per week. No employer shall have the right to require employees to
p.(None): work overtime. An effort shall be made to reduce working hours progressively in the interest of society and in such
p.(None): sphere as may be determined, and appropriate provisions shall be adopted to make better use of free time for the
p.(None): benefit of the physical, spiritual and cultural development of workers*. Workers are entitled to weekly time
p.(None): off and paid vacations on the same terms as for days actually worked.
p.(None):
p.(None): Article 91: Every worker* has the right to a salary sufficient to enable him or her to live with dignity and cover
p.(None): basic material, social and intellectual needs for himself or herself and his or her family. The payment of equal salary
p.(None): for equal work is guaranteed, and the share of the profits of a business enterprise to which workers are
p.(None): entitled shall be determined. Salary is not subject to garnishment, and shall be paid periodically and
p.(None): promptly in legal tender, with the exception of the food allowance, in accordance with law. The State guarantees
...
p.(None): territories they occupy; labor, Welfare and Social Security; animal and vegetable hygiene; notarial and public
p.(None): record offices; banks and insurance; lotteries, racetracks and betting in general; organization and functioning of the
p.(None): organs of National Public Power and other organs and institutions at the national level; and all matters of
p.(None): national competence in general.
p.(None):
p.(None): (33) Any other matters which the present Constitution may assign to National Public Power, or which by
p.(None): their nature or type come under its competence.
p.(None):
p.(None): Article 157: The National Assembly, by a majority vote of its members, shall have the power to delegate to the
p.(None): States or Municipalities certain matters under national competence, in order to promote decentralization.
p.(None): Article 158: Decentralization, as a national policy, must add depth to democracy, bring power closer to the people
p.(None): and creating optimum conditions both for the exercise of democracy and for the effective and efficient
p.(None): Fulfillment of government commitments.
p.(None): Chapter 111
p.(None): State Public Power
p.(None): Article 159: The States are politically equal and autonomous organs with full juridical personality, and are obligated
p.(None): to maintain the independence, sovereignty and integrity of the nation and to comply with and enforce the Constitution
p.(None): and the laws of the Republic. Article 160: A Governor is in charge of the government and administration of each State.
p.(None): A Governor* must be a Venezuelan* over the age of 25 who is not a member of the clergy. The Governor*
p.(None): shall be elected for a term of four years by a majority vote. The Governor* can be re-elected to an additional term
p.(None): only immediately and only once.
p.(None): Article 161: Governors* shall give a yearly public accounting to the State Comptroller for their office, and shall
p.(None): submit a report on the same to the Legislative Council and the Public Policy Planning and Coordination Council.
p.(None): Article 162: Legislative Authority shall be exercised in each State by a Legislative Council-consisting of
p.(None): no more than fifteen and at least seven members, who shall
p.(None):
p.(None): proportionally represent the population of the State and the Municipalities. The Legislative
p.(None): Council shall have the following powers:
p.(None):
p.(None): (1) To legislate matters within state competence.
p.(None):
p.(None): (2) Pass the state's Budget Law.
p.(None):
p.(None): (3) Any others vested in it by this Constitution or by the law.
p.(None):
p.(None): The requirements for being a member of the Legislative Council, the obligation to give a yearly accounting and immunity
p.(None): within the territorial jurisdiction, shall be governed by the rules established by this Constitution for deputies* of
p.(None): the National Assembly, insofar as applicable. State legislators* shall be elected for a four-year term, being eligible
p.(None): for reelection for only two terms. The organization and functioning of the Legislative Council shall be
p.(None): regulated by the national law.
p.(None): Article 163: Each State shall have a Comptroller's Office which shall enjoy structural and operating
...
p.(None): the affected population, shall define the boundaries of the metropolitan district and shall organize the
p.(None): same in accordance with the provisions of the national organic law, determining which metropolitan
p.(None): powers are to be assumed by the governmental organs of the pertinent metropolitan district. When
p.(None): the Municipalities wishing to form a metropolitan district belong to different federal entities, the creation
p.(None): and organization of the same shall be the responsibility of the National Assembly.
p.(None):
p.(None): Article 173: A Municipality shall have the power to create parishes on such terms as may be determined by law. The
p.(None): legislation enacted to implement constitutional principles relating to the organization of Municipalities shall
p.(None): establish the premises and conditions for the creation of other local entities within the territory of the
p.(None): Municipality, as well as the resources that shall be available to them, depending on the functions assigned
p.(None): to them, including their share in the Municipality's own revenues. Their creation shall take into account
p.(None): neighborhood or community initiative, in order to provide for the decentralization of the
p.(None): administration of the Municipality, citizen participation and the providing of better public services. In no
p.(None): event shall parishes be assumed to be the only possible divisions, or to be required divisions, of the territory of a
p.(None): Municipality.
p.(None):
p.(None): Article 174: The Mayor* shall be in charge of the government and administration of a municipality, and shall also
p.(None): be the head of civil government. A Mayor* must be Venezuelan, over the age of 25 and not a member of
p.(None): the clergy. The Mayor* shall be elected for a term of four years by majority vote, and may be re elected immediately
p.(None): and once only, to an additional term.
p.(None):
p.(None): Article 175: The legislative function in a Municipality is vested in the Council, made up of council members*
p.(None): elected in the manner established in this Constitution, in such number and on such terms of eligibility as may
p.(None): be determined by law.
p.(None):
p.(None): Article 176: The Office of the Municipal Comptroller shall be in charge of control, vigilance and
p.(None): auditing of municipal revenues, expenses and property, as well as transactions relating to the same,
p.(None): without prejudice to the scope of the attributions of the Office of the General Comptroller, and the official in
p.(None): charge of the office shall be the Municipal Comptroller*, designated by the Council through a public
p.(None): competition to guarantee the capability and ability of the person designated* to hold this office, on the terms
p.(None): established by law.
p.(None):
p.(None): Article 177: Principles, residence requirements and conditions, prohibitions, grounds for disqualification and
p.(None): conflicts of interest for the candidacy and exercise of the functions of mayors and councilmen members* may be
p.(None): established by national law.
p.(None):
p.(None): Article 178: A Municipality has competence to govern and administrate its interests, as well as over the management
p.(None): of those matters which are assigned to it by this Constitution and national laws as regards local
p.(None): life, in particular the ordering and promotion of economic and social development, the equipping
...
p.(None): made upon a recommendation from the President* of the Republic, two thirds of the State Governors*, all of
p.(None): the rectors of the National Universities.
p.(None):
p.(None): (16) To tend that the interests and autonomy of the States are upheld.
p.(None):
p.(None): (17) To authorize the departure of the President* of the Republic from the territory of the Nation, when such
p.(None): absence is to last longer than five consecutive days.
p.(None):
p.(None): (18) To approve by law any international treaties or agreements entered into by the National Executive, with
p.(None): the exceptions set forth in the present Constitution.
p.(None):
p.(None): (19) To enact its own internal regulations and apply such sanctions as may be provided for thereunder.
p.(None):
p.(None): (20) To pass on the qualifications of its members and take notice of their resignation. The temporarily separation
p.(None): of a deputy* from his or her office, shall only be decided by a two thirds vote of those present.
p.(None):
p.(None): (21) To organize its own internal security service.
p.(None):
p.(None): (22) To pass and implement its budget of expenditures, taking into account the country's financial limitations.
p.(None):
p.(None): (23) To implement resolutions concerning its own administrative organization and functioning.
p.(None):
p.(None): (24) Any others indicated in this Constitution or by law.
p.(None):
p.(None): Article 188: To be elected to the office of deputy of the National Assembly, a person must:
p.(None):
p.(None): (1) Be Venezuelan by birth, or by naturalization with 15 years of residence within the territory of Venezuela.
p.(None):
p.(None): (2) Be over the age of 21 years.
p.(None):
p.(None): (3) Have resided for four consecutive years in the organ from which he or she is elected, prior to such election.
p.(None):
p.(None): Article 189: The following shall not be eligible for the office of deputy*:
p.(None):
p.(None): (1) The President* of the Republic, the Executive Vice-President Ministers*, the Secretary* of the
p.(None): Office of the President of the Republic and the Chairpersons* and Directors of Autonomous Institutes and State owned
p.(None): enterprises, until three months after leaving such offices.
p.(None):
p.(None): (2) Governors* and government secretaries of the States or the Capital District, until three months after
p.(None): permanently leaving such offices.
p.(None):
p.(None): (3) Municipal state or national, Autonomous Institutes or State-owned enterprises, officers* when the election
p.(None): is taking place in the jurisdiction in which such officer serves, except in the case of a temporary care-
p.(None): providing, teaching or academic position. The pertinent organic law may provide for the ineligibility of other
p.(None): officers*.
p.(None):
p.(None): Article 190: Deputies* of the National Assembly shall not be proprietors*, administrators* or
p.(None): directors* of business enterprises that enter into contracts with public sector juridical persons, so that they shall
p.(None): have no private beneficial interest in dealing with it. When matters involving financial conflicts of interest come up
p.(None): for discussion, the affected members of the National Assembly shall be required to abstain from the
p.(None): pertinent vote.
p.(None):
p.(None): Article 191: Deputies* of the National Assembly shall not be permitted to accept or hold public employment positions
...
p.(None): the appropriate action to enforce such liability.
p.(None):
p.(None): Article 223: The Assembly or its Committees shall have the power to conduct such investigations as they
p.(None): may deem appropriate in matters within their competence, in accordance with the Regulations. All public
p.(None): officials* are obligated, subject to the penalties established by law, to appear before such Committees
p.(None): and provide the same with any information and documents they may require in order to carry out their
p.(None): functions. Private citizens are also subject to this obligation, without prejudice to the rights and
p.(None): guarantees embodied in this Constitution.
p.(None):
p.(None): Article 224: The exercise of the power of investigation does not affect the powers of other public
p.(None): authorities Judges* shall be obligated to take evidence as commissioned by National Assembly and its Committees.
p.(None):
p.(None): Chapter 11
p.(None): National Executive Power
p.(None): Section One: President* of the Republic
p.(None):
p.(None): Article 225: Executive Power is exercised by the 'President* of the Republic, the Executive
p.(None): Vice-President*, the Cabinet Ministers* and other officials as determined by this Constitution and by law.
p.(None):
p.(None): Article 226: The President* of the Republic is the Head of State and of the National Executive, in which
p.(None): latter capacity he directs the action of the government.
p.(None):
p.(None): Article 227: In order to be elected President* of the Republic, it is necessary to be Venezuelan* by
p.(None): birth, with no other nationality, to be more than 30 years of age, not a member of the clergy and not subject* to any
p.(None): conviction by final judgment, as well as meeting fulfill other requirements prescribed in this Constitution.
p.(None):
p.(None): Article 228: The election of the President* of the Republic shall be by universal suffrage by direct and secret ballot,
p.(None): in accordance with law. The candidate* who has received a majority of the valid votes cast shall be proclaimed
p.(None): elected*.
p.(None):
p.(None): Article 229: A person holding the office of Executive Vice-President*, Minister* or Governor*, or Mayor* as
p.(None): of the date he announces his candidacy or at any time between such date and that of the Presidential election
p.(None): shall not be eligible for election to the office of President of the Republic.
p.(None):
p.(None): Article 230: The presidential term is six years. The President* of the Republic may be re- elected, immediately and
p.(None): once only, to an additional term.
p.(None):
p.(None): Article 231: The candidate elected* shall take office as President* of the Republic on January 10 of the
p.(None): first year of his constitutional term, by taking an oath before the National Assembly. If for any
p.(None): supervening reason, the person elected President* of the Republic cannot be sworn in before the National
p.(None): Assembly, he shall take the oath of office before the Supreme Tribunal of Justice.
p.(None):
p.(None): Article 232: The President* of the Republic is responsible for his acts and for fulfilling the duties and
p.(None): obligations inherent to such position. Is obligated to endeavor the guarantee of the rights and liberties
...
p.(None): dissolution order includes the calling of elections to form a new legislature within 60 days of the
p.(None): dissolution of the old. The Assembly cannot be dissolved during the final year of its constitutional term of
p.(None): office.
p.(None):
p.(None): Article 241: The Executive Vice-President* is accountable for his acts, in accordance with this Constitution
p.(None): and the law. Section Four: Ministers* and the Cabinet of Ministers
p.(None):
p.(None): Article 242: Ministers* are direct dependencies of the President* of the Republic, and when assembled together with
p.(None): the latter and with the Executive Vice-President*, they comprise the Cabinet of Ministers. The President*
p.(None): of the Republic shall preside over meetings of the Cabinet of Ministers, but he shall have the power
p.(None): to authorize the Executive Vice President* to preside over the same when he is unable to attend.
p.(None): Decisions made must be ratified by the President* of the Republic. The Executive Vice- President* and the Ministers
p.(None): who took part are jointly and severally accountable for decisions of the Cabinet of Ministers, with the
p.(None): exception of those who placed on record an adverse or negative vote.
p.(None):
p.(None): Article 243: The President* of the Republic shall have the power to appoint Ministers* of State, who, in addition
p.(None): to participating in the Cabinet of Ministers, shall advise the President* of the Republic and the
p.(None): Executive Vice President* concerning the matters assigned to them.
p.(None):
p.(None): Article 244: A Minister* is required to be of Venezuelan nationality and more than 25 years of age, with the
p.(None): exceptions established in this Constitution. Ministers* are responsible for their actions in accordance with this
p.(None): Constitution and in accordance with law, and shall submit to the National Assembly, within the first 60 days of each
p.(None): year, a
p.(None):
p.(None): sufficient and reasoned annual report on their stewardship during the past year, in accordance with law.
p.(None):
p.(None): Article 245: Ministers* have the right to speak before the National Assembly and the Committees thereof.
p.(None): They have the right to take part in debates in the National Assembly, without the right to vote.
p.(None):
p.(None): Article 246: The approbation of a vote of censure against a Minister* by at least a three fifths vote of the
p.(None): members* present in the National Assembly, shall result in the Minister's* removal from office. The removed
p.(None): official* shall be barred from serving as a Minister* or Executive Vice-President* for the remainder of that
p.(None): presidential term.
p.(None):
p.(None): Section Five:
p.(None): General Attorney of the Republic
p.(None):
p.(None): Article 247: The Office of the General Attorney of the Republic advises, defends and represents in and
p.(None): out of court the property interests of the Republic, and must be consulted for purposes of approval of
p.(None): contracts in the national public interest. The pertinent organic law shall determine the organization,
p.(None): competence and functioning of this office.
p.(None):
p.(None): Article 248: The Office of the General Attorney of the Republic shall be in the charge and under the direction of the
p.(None): General Attorney' of the Republic, with the assistance of other officials as determined by the pertinent organic law.
p.(None):
...
p.(None): public proceedings resulting in the provision of a list of three candidates from each organ member of the
p.(None): Citizen Power to be submitted for consideration by the National Assembly, which, by a two-thirds vote of its
p.(None): members, shall select within 30 calendar days the member* of the Citizen Power organ
p.(None):
p.(None): under consideration in each case. If the National Assembly has not reached an agreement by the end of this period,
p.(None): Electoral shall submit the list of three candidates to a public referendum. If the Citizen Power Nomination
p.(None): Evaluating Committee has not been convoked, the National Assembly shall proceed, within such time limit
p.(None): as may be determined by law, to designate the member* of the pertinent Citizen Power organ. Members* of
p.(None): Citizen Power shall be subject to removal by the National Assembly, following a ruling by the Supreme
p.(None): Tribunal of Justice, in accordance with the procedure established by law.
p.(None):
p.(None): Section Two: People Defender's Office
p.(None):
p.(None): Article 280: The People Defender's Office is charged with the furtherance, defense and oversight of the rights
p.(None): and guarantees established under this Constitution and international treaties on human rights, in addition
p.(None): to defending the legitimate, collective and diffuse interest of the citizens*. The People Defender's Office
p.(None): shall act under the direction and responsibility of the People Defender*, who shall be designated to serve for a
p.(None): single seven-year term. The People Defender must be a Venezuelan national over the age of 30 years, with manifest and
p.(None): proven competence in the field of human rights, and must meet with such requirements as to honesty, ethics and
p.(None): morality as may be established by law. If the People Defender is temporarily or permanently unavailable to serve,
p.(None): the vacancy shall be filled in accordance with applicable provisions of law.
p.(None):
p.(None): Article 281: The following are functions of the People Defender:
p.(None):
p.(None): (1) To see that the human rights provided for in this Constitution and in the international treaties, agreements
p.(None): and conventions on human rights ratified by the Republic are effectively respected and guaranteed,
p.(None): investigating either on his own initiative or at the request of any denunciation of which he or
p.(None): she becomes aware.
p.(None):
p.(None): (2) To see to the proper functioning of public services; protect and defend the legitimate, collective and diffuse
p.(None): rights and interests of persons against arbitrary acts, abuse of authority and errors committed in the providing of
p.(None): such public services, filing when appropriate, any actions to demand that the State compensate parties subject to its
p.(None): administrative actions for any damages that may have been caused them in connection with the
p.(None): functioning of such public services.
p.(None):
p.(None): (3) To file unconstitutionality actions, summary constitutional remedies, habeas corpus, habeas data and any
p.(None): other actions or motions necessary in order to exercise the powers indicated above, where proper in accordance with
p.(None): law.
...
p.(None):
p.(None): (6) Any other functions that may be assigned to this office by the Constitution and by law.
p.(None):
p.(None): These attributions do not discredit the exercise of any rights or actions to which private parties or other
p.(None): officials* may be entitled in accordance with this Constitution and the law.
p.(None):
p.(None): Article 286: Matters relating to the organization and functioning of the Office of Public Prosecutions at the
p.(None): municipal, state and national levels shall be determined by law, providing the appropriate measures to ensure
p.(None): the suitability, probity and stable tenure of the attorneys* of the Office of Public Prosecutions. Rules to
p.(None): guarantee the exercise of these functions by career personnel shall also be established by law.
p.(None):
p.(None): Section Four: Office of the General Comptroller of the Republic
p.(None):
p.(None): Article 287: The Office of the General Comptroller of the Republic is the organ that controls, watches
p.(None): and audits revenues, expenses, public and national property and transactions relating to the same. It enjoys
p.(None): operating, administrative and organizational
p.(None):
p.(None): autonomy, and concentrates its activities on functions relating to inspection of the organs and entities under its
p.(None): oversight.
p.(None):
p.(None): Article 288: The Office of the General Comptroller of the Republic shall be under the direction and responsibility of
p.(None): the General Comptroller* of the Republic, who must be Venezuelan*, over 30 years of age and possessed of
p.(None): proven ability and experience for purposes of performing the duties of the position. The General
p.(None): Comptroller* of the Republic shall be designated for a seven-year term.
p.(None):
p.(None): Article 289: The following are functions of the General Comptroller of the Republic:
p.(None):
p.(None): (1) To control, make vigilance and audit public revenues, expenses and property, as well as transactions
p.(None): relating to the same, without prejudice to the functions vested in other organs, in the case of the States
p.(None): and Municipalities, in accordance with law.
p.(None):
p.(None): (2) To control the public debt, without prejudice to the functions vested in other organs, in the case of the States
p.(None): and Municipalities, in accordance with law.
p.(None):
p.(None): (3) To inspect and audit the public-sector, organs, entities and juridical persons subject to his
p.(None): control, conduct audits, order the opening of investigations into irregularities against public patrimony, as
p.(None): well as order measures, raising objections and applying administrative penalties as appropriate, in accordance
p.(None): with law.
p.(None):
p.(None): (4) To call on the General Prosecutor* of the Republic to file the appropriate legal actions with regard to
p.(None): in actions and crimes committed against public patrimony, of which becomes aware in the course of performing
p.(None): his official functions.
p.(None):
p.(None): (5) To exercise operating control and evaluate compliance with and the results of the public policies
p.(None): and decisions of the public-sector organs, entities and juridical persons subject to his control, as
...
p.(None): guarantees or encroaches upon human rights.
p.(None):
p.(None): SOLE DEROGATION PROVISION
p.(None):
p.(None): The Constitution of the Republic of Venezuela decreed on January 23, 1961 is hereby derogated. The rest of
p.(None): the juridical order shall remain in effect to the extent not in conflict with this Constitution.
p.(None):
p.(None): TEMPORARY PROVISIONS
p.(None):
p.(None): First: The special law on the regime for the Capital District as provided for under article 18 of this Constitution
p.(None): shall be approved by the National Constituent Assembly, and shall preserve the territorial integrity of the State of
p.(None): Miranda. Pending approval of the special law, the regime provided for under the Organic Law on the Federal
p.(None): District and the Organic Law on the Municipal Regime shall remain in effect.
p.(None):
p.(None): Second: Pending enactment of the law provided for under article 38 of this Constitution concerning the acquisition,
p.(None): election, renunciation and recovery of nationality, foreign individuals who, having entered and remained
p.(None): within the national territory legally and declared their intention of establishing their domicile in Venezuela,
p.(None): have a lawful means of earning a living and have resided continuously in Venezuela for two years, shall be regarded
p.(None): as domiciled in Venezuela. Residence shall be understood as meaning continuing presence in the
p.(None): country with the intention of remaining. Declarations of intent as provided for under articles 32, 33 and 36 of this
p.(None): Constitution shall be made in the form of an authentic instrument by the interested party, when the latter is of legal
p.(None): age, or by his legal representative , if he has not yet reached the age of 21.
p.(None):
p.(None): Third: The National Assembly, within six months of its installation, shall pass:
p.(None):
p.(None): (1) A partial reform of the Penal Code to include the offense of forced disappearance of persons, as
p.(None): provided for under article 45 of this Constitution.
p.(None):
p.(None): (1) Pending enactment of this reform, the Inter-American Convention on the Forced Disappearance of Persons shall apply
p.(None): insofar as possible.
p.(None):
p.(None): (2) An organic law on states of exception.
p.(None):
p.(None): (3) A special law to establish the conditions and characteristics of a special regime for the Municipalities of Jose
p.(None): Antonio Paez and Romulo Gallegos,
p.(None):
p.(None): in the State of Apure. In the process of formulating this law, the opinions of the President* of the Republic,
p.(None): the National Armed Forces, such representation as may be designated by the corresponding State and all
p.(None): other institutions involved in border problems shall be heard.
p.(None):
p.(None): Fourth: Within one year of installation, the National Assembly shall approve:
p.(None):
p.(None): (1) Legislation on penalties for torture, either in the form of a special law or by reforming the Penal Code.
p.(None):
p.(None): (2) An organic law on refugees* and asylum guarantees, consistent with the terms of this Constitution and the
p.(None): pertinent international treaties ratified by Venezuela.
p.(None):
p.(None): (3) By reforming the Organic Labor Law, a new regime for the right of employees regarding severance payments as
p.(None): regulated in article 92 which regime shall provide for severance payments calculated in proportion to the
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p.(None): excluded from any benefit that might render the offenders immune from punishment, including pardons and
p.(None): amnesty.
p.(None):
p.(None): Article 30: The State has the obligation to make full reparations to the victims of human rights violations for which
p.(None): it may be held responsible, and to the legal successors to such victims, including payment of damages. The State
p.(None): shall adopt the necessary legislative measures and measures of other nature to implement the reparations and
p.(None): damage compensation provided for under this article. The State shall protect the victims of
p.(None):
p.(None): ordinary crimes and endeavor to make the guilty parties provide reparations for the inflicted damages.
p.(None):
p.(None): Article 31: Everyone has the right, on the terms established by the human rights treaties, pacts and conventions
p.(None): ratified by the Republic, to address petitions and complaints to the intentional organs created for such purpose, in
p.(None): order to ask for protection of his or her human rights. The State shall adopt, in accordance with the procedures
p.(None): established under this Constitution and by the law, such measures as may be necessary to enforce the
p.(None): decisions emanating from international organs as provided for under this article.
p.(None):
p.(None): Chapter II
p.(None): Nationality and Citizenship Section One: Nationality
p.(None):
p.(None): Article 32: Are Venezuelans* by birth:
p.(None):
p.(None): (1) Any person who was born within the territory of the Republic.
p.(None):
p.(None): (2) Any person who was born in a foreign territory, and is the child of a father and mother who are both Venezuelans by
p.(None): birth.
p.(None):
p.(None): (3) Any person who was born in a foreign territory, and is the child of a father or a mother, who is Venezuelan
p.(None): by birth, provided they have established residence within the territory of the Republic or declared their intention
p.(None): to obtain the Venezuelan nationality.
p.(None):
p.(None): (4) Any person who was born in a foreign territory, and is the child of a father or a mother who is Venezuelan
p.(None): by naturalization, provided that prior to reaching the age of 18, they establish their residence within
p.(None): the territory of the Republic, and before reaching the age of 25 declare their intention to obtain the Venezuelan
p.(None): nationality.
p.(None):
p.(None): Article 33: Are considered Venezuelans* by naturalization:
p.(None):
p.(None): (1) Foreign nationals* who obtain a naturalization letter. In order to do so, they must have at least ten years of
p.(None): uninterrupted residence immediately preceding the application date.
p.(None):
p.(None): (2) The period of residence shall be reduced to five years in the case of foreign nationals whose original
p.(None): nationality is that of Spain, Portugal, Italy, or a Latin American or Caribbean country.
p.(None):
p.(None): (3) Foreign nationals* who marry a Venezuelan*, upon declaring their wish to adopt the Venezuelan nationality,
p.(None): which may be done at least five years after the date of marriage.
p.(None):
p.(None): (4) Minors of foreign nationality, on the date of the naturalization of one of his/her parent who exercises
p.(None): parental authority, provided that such minor declares his or her intention of adopting the Venezuelan nationality
p.(None): before reaching the age of 21, and has resided in Venezuela without interruption throughout the five-year
p.(None): period preceding such declaration.
p.(None):
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p.(None): Article 50: Everyone shall freely transit by any means throughout the national territory, to change his or her domicile
p.(None): and residence, to leave and return to the Republic, to move his or her goods or belongings within the country and to
p.(None): bring his or her goods into or remove them from the country, subject only to such limitations as may be prescribes by
p.(None): law. In cases involving the granting of a concession, the law shall provide for the circumstances in
p.(None): which an alternate route must be provided. Venezuelans* shall enter the country without need for authorization of
p.(None): any kind. No act of the Public Power may establish against Venezuelans* the penalty of banishment from the
p.(None): national territory.
p.(None):
p.(None): Article 51: Everyone has the right to petition or make representations before any authority or public
p.(None): official* concerning matters within their competence, and to obtain a timely and adequate response. Whoever
p.(None): violates this right shall be punished in accordance with law, including the possibility of dismissal from
p.(None): office.
p.(None):
p.(None): Article 52: Everyone has the right to assemble for lawful purposes, in accordance with law. The State is obligated to
p.(None): facilitate the exercise of this right.
p.(None):
p.(None): Article 53: Everyone has the right to meet publicly or privately, without obtaining permission in
p.(None): advance, for lawful purposes and without weapons. Meetings in public places may be regulated by law.
p.(None):
p.(None): Article 54: No person shall be subjected to slavery or servitude. Traffic of persons, in particular women, children*
p.(None): and adolescents, in any form, shall be subject to the penalties prescribes by law.
p.(None):
p.(None): Article 55: Every person has the right to protection by the State, through the citizen safety organs
p.(None): regulated by law, from situations that affect or constitute a threat, vulnerability or risk to the
p.(None): physical integrity of individuals, their properties, the enjoyment of rights or the Fulfillment of duties.
p.(None): Participation by citizens* in programs for purposes of prevention, citizen safety and emergency management shall be
p.(None): regulated by a special law. The State's security corps shall respect the human dignity and rights of all persons. The
p.(None): use of weapons or toxic substances by police and security officers shall be limited by the principles of
p.(None): necessity, convenience, opportunity and proportionality in accordance with law.
p.(None):
p.(None): Article 56: Every person has the right to his own name, to the summates of his father and mother, and to know the
p.(None): identity of the latter. The State guarantees the right to investigates maternity and paternity. All persons
p.(None): have the right to be registered free of charge with the Civil Registry Office after birth, and to obtain
p.(None): public documents constituting evidence of their biological identity, in accordance with law. Such
p.(None): documents shall not contain any mention classifying the parental relationship.
p.(None):
p.(None): Article 57: Everyone has the right to express freely his or her thoughts, ideas or opinions orally, in writing or by
p.(None): any other form of expression, and to use for such purpose any means of communication and diffusion, and no censorship
p.(None): shall be established. Anyone making use of this right assumes full responsibility for everything expressed. Anonymity,
p.(None):
p.(None): war propaganda, discriminatory messages or those promoting religious intolerance are not permitted. Censorship
p.(None): restricting the ability of public officials* to report on matters for which they are responsible is prohibited.
p.(None):
p.(None): Article 58: Communications are free and plural, and involve the duties and responsibilities
p.(None): indicated by law. Everyone has the right to timely, truthful and impartial information, without censorship, in
p.(None): accordance with the principles of this Constitution, as well as the right to reply and corrections when they are
p.(None): directly affected by inaccurate or offensive information. Children* and adolescents have the right to receive
p.(None): adequate information for purposes of their overall development.
p.(None):
p.(None): Article 59: The State guarantees the freedom of cult and religion. All persons have the right to profess their
p.(None): religious faith and cults, and express their beliefs in private or in public, by teaching and other practices,
p.(None): provided such beliefs are not contrary to moral, good customs and public order. The autonomy and independence of
p.(None): religious confessions and churches is likewise guaranteed, subject only to such limitations as may derive from this
p.(None): Constitution and the law. Father and Mother are entitled to have their sons and daughters receive
p.(None): religious education in accordance with their convictions. No one shall invoke religious beliefs or discipline as
p.(None): a means of evading compliance with law or preventing another person* from exercising his or her rights.
p.(None):
p.(None): Article 60: Every person is entitled to protection of his or her honor, private life, intimacy,
p.(None): self-image, confidentiality and reputation. The use of electronic information shall be restricted by law
...
p.(None): referendum, when it is requested by a number of voters constituting at least 5% of the total number of voters
p.(None): registered in the civil and electoral registry. In order for the abrogatory referendum to be valid, a number
p.(None): of voters constituting at least 40% of the total number of voters registered in the civil and electoral registry shall
p.(None): be essential. It
p.(None):
p.(None): shall not be possible to submit budget laws to an abrogatory referendum, neither those establishing or modifying
p.(None): taxes, relating to public credit, to amnesty, the protection, guaranteeing and developing human rights, nor
p.(None): those which ratify international treaties. There shall not be more than one abrogatory referendum on the same matter
p.(None): during the same constitutional term.
p.(None):
p.(None): Chapter V
p.(None): Social and Family Rights
p.(None):
p.(None): Article 75: The State shall protect families as a natural association in society, and as the fundamental space for the
p.(None): overall development of persons. Family relationships are based on equality of rights and duties, solidarity,
p.(None): common effort, mutual understanding and reciprocal respect among family members. The State guarantees protection to
p.(None): the mother, father or other person acting as head of a household. Children* and adolescents have the right to live, be
p.(None): raised and develop in the bosom of their original family. When this is impossible or contrary to their best
p.(None): interests, they shall have the right to a substitute family, in accordance with law. Adoption has effects
p.(None): similar to those of parenthood, and is established in all cases for the benefit of the adoptee*, in
p.(None): accordance with law. International adoption shall be subordinated to domestic adoption.
p.(None):
p.(None): Article 76: Motherhood and fatherhood are fully protected, whatever the marital status of the mother or father. Couples
p.(None): have the right to decide freely and responsibly how many children* they wish to conceive, and are entitled to access to
p.(None): the information and means necessary to guarantee the exercise of this right. The State guarantees overall assistance
p.(None): and protection for motherhood, in general, from the moment of conception, throughout pregnancy, delivery and the
p.(None): puerperal period, and guarantees full family planning services based on ethical and scientific values. The father
p.(None): and mother have the shared and inescapable obligation of raising, training, educating, maintaining and caring
p.(None): for their children*, and the latter have the duty to provide care when the former are unable to do so by themselves.
p.(None): The necessary and proper measures to guarantee the enforceability of the obligation to provide alimony shall be
p.(None): established by law.
p.(None):
p.(None): Article 77: Marriage, which is based on free consent and absolute equality of rights and obligations of the spouses,
p.(None): is protected. A stable de facto union between a man and a woman which meets the requirements established by
p.(None): law shall have the same effects as marriage.
p.(None):
p.(None): Article 78: Children* and adolescents are full legal persons and shall be protected by specialized courts,
p.(None): organs and legislation, which shall respect, guarantee and develop the contents of this Constitution, the law, the
p.(None): Convention on Children's Rights and any other international treaty that may have been executed and ratified by the
p.(None): Republic in this field. The State, families and society shall guarantee full protection as an absolute
p.(None): priority, taking into account their best interest in actions and decisions concerning them. The State shall promote
p.(None): their progressive incorporation into active citizenship, and shall create a national guidance system for the
p.(None): overall protection of children* and adolescents.
p.(None):
p.(None): Article 79: Young people have the right and duty to be active participants in the development process.
p.(None): The State, with the joint participation of families and society, shall create opportunities to stimulate their
p.(None): productive transition into adult life, including in particular training for and access to their first employment,
p.(None): in accordance with law.
p.(None):
p.(None): Article 80: The State shall guarantee senior citizens* the full exercise of their rights and guarantees. The State,
p.(None): with the joint participation of families and society, is obligated to respect their human dignity, autonomy and to
p.(None): guarantee them full care and social security benefits to improve and guarantee their quality of life. Pension and
p.(None): retirement benefits granted through the social security system shall not be less than the urban minimum
p.(None): salary. Senior citizens* shall be guaranteed to have the right to a proper work, if they indicate a
p.(None): desire to work and are capable to.
p.(None):
p.(None): Article 81: Any person with disability or special needs has the right to the full and autonomous
p.(None): exercise of his or her abilities and to its integration into the family and community. The State, with
p.(None): the joint participation of families and society, guarantees them respect for their human dignity, equality
...
p.(None): life, in particular the ordering and promotion of economic and social development, the equipping
p.(None): and providing of household public utility services, the application of policy with respect to these matters
p.(None):
p.(None): on a basis of fairness, justice and social interest content, according with delegation established on law
p.(None): related to this matter, the promotion of participation and improvement, in general, of living conditions in the
p.(None): community, in the following areas:
p.(None):
p.(None): (1) Territorial zoning and city planning matters; historic heritage; housing in the interest of society; local tourism;
p.(None): parks and gardens; plazas; bathing and other recreational areas; civil architecture, nomenclature and public
p.(None): ornament.
p.(None):
p.(None): (2) Urban roadways; circulation and ordering of vehicular and pedestrian traffic on municipal thoroughfares;
p.(None): urban public passenger * transportation services.
p.(None):
p.(None): (3) Public spectacles and commercial advertising, to the extent pertinent to specific municipal interests and purposes.
p.(None):
p.(None): (4) Protection of the environment and cooperation with environmental sanitation efforts; urban and
p.(None): household sanitation, including cleaning, waste collection and treatment and civil protection.
p.(None):
p.(None): (5) Healthiness and primary health care; services for the protection of infants and children, adolescents and
p.(None): senior citizens; preschool education; family services to integrate the disabled into the development of the
p.(None): community; cultural and sports activities and facilities. Prevention and protective services; surveillance
p.(None): and control of property and activities relating to matters within municipal competency.
p.(None):
p.(None): (6) Drinking water services, electricity and gas for household use, sewers. channeling and disposal of wastewater;
p.(None): cemeteries and funeral services.
p.(None):
p.(None): (7) Small claims courts, neighborhood prevention and protection and municipal police services, in
p.(None): accordance with applicable national legislation.
p.(None):
p.(None): (8) Any others with which Municipalities may be charged under the Constitution and by law. The actions that
p.(None): Municipalities have the power to take within the scope of their competence are without prejudice to national and
p.(None): state competence as defined by law in accordance with the Constitution.
p.(None):
p.(None): Article 179: Municipalities shall have the following revenues:
p.(None):
p.(None): (1) Those deriving from their capital assets, including the proceeds from their common lands and other property.
p.(None):
p.(None): (2) Charges for the use of their goods or services; administrative charges for licenses or authorizations; taxes on
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Social / Incarcerated
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p.(None): decentralized State that embodies the values of freedom, independence, peace, solidarity, the common good, the nation's
p.(None): territorial integrity, comity and the rule of law for this and future generations; guarantees the right to life, work,
p.(None): learning, education, social justice and equality, without discrimination or subordination of any kind;
p.(None): promotes peaceful cooperation among nations and furthers and strengthens Latin American integration in
p.(None): accordance with the principle of nonintervention and national self-determination of the people, the universal and
p.(None): indivisible guarantee of human rights, the democratization of imitational society, nuclear disarmament, ecological
p.(None): balance and environmental resources as the common and inalienable heritage of humanity; exercising their
p.(None): innate power through their representatives comprising the National Constituent Assembly, by their freely cast
p.(None): vote and in a democratic Referendum, hereby ordain the following:
p.(None):
p.(None): CONSTITUTION TITLE 1
p.(None): FUNDAMENTAL PRINCIPLES
p.(None):
p.(None): Article 1: The Bolivarian Republic of Venezuela is irrevocably free and independent, basing its moral
p.(None): property and values of freedom, equality, justice and international peace on the doctrine of Simon Bolivar, the
p.(None): Liberator. Independence, liberty, sovereignty, immunity, territorial integrity and national self-determination are
p.(None): unrenounceable rights of the Nation.
p.(None):
p.(None): Article 2: Venezuela constitutes itself as a Democratic and Social State of Law and Justice, which holds
p.(None): as superior values of its legal order and actions those of life, liberty, justice, equality, solidarity,
p.(None): democracy, social responsibility and, in general, the preeminence of human rights, ethics and political
p.(None): pluralism.
p.(None):
p.(None): Article 3: The essential purposes of the State are the protection and development of the individual and respect for the
p.(None): dignity of the individual, the democratic exercise of the will of the people, the building of a just and peace
p.(None): loving society, the furtherance of the prosperity and welfare of the people and the guaranteeing of the
p.(None): Fulfillment of the
p.(None):
p.(None): principles, rights and duties established in this Constitution. Education and work are the fundamental processes for
p.(None): guaranteeing these purposes.
p.(None):
p.(None): Article 4: The Bolivarian Republic of Venezuela is a decentralized Federal State on the terms set forth in this
p.(None): Constitution, governed by the principles of territorial integrity, cooperation, solidarity, attendance and
p.(None): shared responsibility.
p.(None):
p.(None): Article 5: Sovereignty resides untransferable in the people, who exercise it directly in the manner provided for in
p.(None): this Constitution and in the law, and indirectly, by suffrage, through the organs exercising Public Power. The
p.(None): organs of the State emanate from and are subject to the sovereignty of the people.
p.(None):
...
p.(None):
p.(None): Article 26: Everyone has the right to access the organs comprising the justice system for the purpose of enforcing his
p.(None): or her rights and interests, including those of a collective or diffuse nature to the effective protection of
p.(None): the aforementioned and to obtain the corresponding prompt decision. The State guarantees justice that is
p.(None): free of charge, accessible, impartial, suitable, transparent, autonomous, independent, responsible,
p.(None): equitable and expeditious, without undue delays, superfluous formalities or useless reinstating.
p.(None):
p.(None): Article 27: Everyone has the right to be protected by the courts in the enjoyment and exercise of
p.(None): constitutional rights and guarantees, including even those inherent individual rights not expressly mentioned in
p.(None): this Constitution or in international instruments concerning human rights. Proceedings on a claim for
p.(None): constitutional protection shall be oral, public, brief, free of charge and unencumbered by formalities, and
p.(None): the competent judge shall have the power to restore immediately the legal situation infringed upon or the closest
p.(None): possible equivalent thereto. All time shall be available for the holding of such proceedings, and the court shall
p.(None): give constitutional claims priority over any other matters. The action for the protection of liberty or
p.(None): safety, may be exercised by any person and the physical custody of the person of the detainee* shall
p.(None): be transferred immediately to the court, without delay. The exercise of this right shall not be affected in any way
p.(None): by the declaration of a state of exception or restriction of constitutional guarantees.
p.(None):
p.(None): Article 28: Anyone has the right of access to the information and data concerning him or her or his or her goods
p.(None): which are contained in official or private records, with such exceptions as may be established by law, as well
p.(None): as what use is being made of the same and the purpose thereof, and to petition the court of competent
p.(None): competence for the updating, correction or destruction of any records that are erroneous or unlawfully 'affect the
p.(None): petitioner's right. He or she may, as well, access documents of any nature containing information of interest to
p.(None): communities or group of persons. The foregoing is without prejudice to the confidentiality of sources
p.(None): from which information is received by journalist, or secrecy in other professions as may be determined by law.
p.(None):
p.(None): Article 29: The State is obliged to investigate and legally punish offenses against human rights committed by its
p.(None): authorities. Actions to punish the offense of violating humanity rights, serious violations of human rights and war
p.(None): crimes shall not be subject to statute of limitation. Human rights violations and the offense of violating humanity
p.(None): rights shall be investigated and adjudicated by the courts of ordinary competence. These offenses are
...
p.(None): President* of the Republic, Executive Vice President, Chairman* and Vice-Chairman* of the National Assembly,
p.(None): Justices* of the Supreme Tribunal of Justice, Chairman* of the National Board of Elections, Attorney General of
p.(None): the Republic, Comptroller General* of the Republic, General Prosecutor* of the Republic, People
p.(None):
p.(None): Defender*, Ministers* with responsibilities relating to national security, finance, energy and mining or education;
p.(None): Governors* and Mayors* of border States and Municipalities and those contemplated under the Organic Law on the National
p.(None): Armed Forces. In order to hold the position of member* of the National Assembly, Minister* or Governors* and Mayors*
p.(None): of non-border States and Municipalities, naturalized Venezuelans must be domiciled in Venezuela with at
p.(None): least fifteen years of permanent residence, as well as meeting the capability requirements provided for by law.
p.(None):
p.(None): Article 42: Anyone who loses or renounces to nationality loses citizenship. The exercise of citizenship or any
p.(None): political rights can be suspended only by final judicial decision in the cases provided by law.
p.(None):
p.(None): Article 43: The right to life is inviolable. No law shall provide for the death penalty and no authority shall apply
p.(None): the same. The State shall protect the life of persons who are deprived of liberty, serving in the armed
p.(None): forces or civilian services, or otherwise subject to its authority.
p.(None):
p.(None): Article 44: Personal liberty is inviolable, therefore:
p.(None):
p.(None): (1) No person shall be arrested or detained except by virtue of a court order, unless such person is
p.(None): caught in fraganti. In the latter case, such person must be brought before a judge within forty-eight hours of
p.(None): his or her arrest. He or she shall remain* free during trial, except for reasons determined by law and
p.(None): assessed by the judge on a case-by case basis.
p.(None):
p.(None): (2) The bail as required by law for the release of a detainee shall not be subject to tax of any kind.
p.(None):
p.(None): (3) Any person under arrest has the right to communicate immediately with members of his or her family,
p.(None): an attorney* or any other person in whom he or she reposes trust, and such persons in turn have the right to be
p.(None): informed where the detainee is being held, to be notified immediately of the reasons for the arrest and to have a
p.(None): written record inserted into the case file concerning the physical or mental condition of the detainee, either by
p.(None): himself or herself, or with the aid of specialists. The competent authorities shall keep a public record of every
p.(None): arrest made, including the identity of the person arrested, the place, time, circumstances and the officers
p.(None): who made the arrest.
p.(None):
p.(None): (4) In the case of the arrest of foreign nationals, (male or female), applicable provisions of
p.(None): international treaties concerning consular notification shall also be observed.
p.(None):
p.(None): (5) The penalty shall not extend beyond the person of the convicted individual. No one shall be sentenced to
p.(None): perpetual or humiliating penalties. Penalties consisting of deprivation of liberty shall not exceed 30 years.
p.(None):
p.(None): (6) Any authority taking measures involving the deprivation of liberty must identify himself or herself.
p.(None):
p.(None): (7) No person shall remain under arrest after a release order has been issued by the competent
p.(None): authority or such person's sentence has been served.
p.(None):
p.(None): Article 45: The public authorities, whether military, civilian or of any other kind, even during a state of emergency,
p.(None): exception or restriction or guarantees, are prohibited from effecting, permitting or tolerating the forced
p.(None): disappearance of persons. An officer* receiving an order or instruction to carry it out, has the
p.(None): obligation not to obey, and to report the order or instruction to the competent authorities. The intellectual and
p.(None): physical perpetrators* accomplices and concealers* of the crimes of forced disappearance of a person, as
p.(None): well as any attempt to commit such offense, shall be punished in accordance with law.
p.(None):
p.(None): Article 46: Everyone is entitled to respect for his or her physical, mental and moral integrity,
p.(None): therefore:
p.(None):
p.(None): (1) No person shall be subjected to penalties, tortures, cruelty, inhuman or degrading treatment. Every victim
p.(None): of torture or cruel, inhumane or degrading treatment effected or tolerated by agents of the State
p.(None): has the right to rehabilitation.
p.(None):
p.(None): (2) Any person deprived of liberty shall be treated with respect due to the inherent dignity of the human being.
p.(None):
p.(None): (3) No person shall be subjected without his or her freely given consent to scientific experiments or medical or
p.(None): laboratory examinations, except when such person's life is in danger, or in any other circumstances as may
p.(None): be detained by law.
p.(None):
p.(None): (4) Any public official who, by reason of his official position, inflicts mistreatment or physical or mental
p.(None): suffering on any person or instigates or tolerates such treatment, shall be punished* in accordance with law.
p.(None):
p.(None): Article 47: A person's home and any private premise are inviolable. They may not be forcibly entered except
p.(None): by court order, to prevent the commission of a crime or carry out the decisions handed down by the
p.(None): courts in accordance with law, respecting human dignity in all cases. Any health inspections carried out in accordance
p.(None): with law shall be performed only after notice from the officials* ordering or carrying it out.
p.(None):
p.(None): Article 48: The secrecy and inviolability of private communications in all forms are guaranteed. The same
p.(None): may not be interfered with except by order of a competent court,
p.(None):
p.(None): with observance of applicable provisions of law and preserving the secrecy of the private issues unrelated to the
p.(None): pertinent proceedings.
p.(None):
p.(None): Article 49: All judicial and administrative actions shall be subject to due process, therefore:
p.(None):
...
p.(None): the creative potential of every human being and the full exercise of his or her personality in a democratic society
p.(None): based on the work ethic value and on active, conscious and joint participation in the processes of social
p.(None): transformation embodied in the values which are part of the national identity, and with a Latin
p.(None): American and universal vision. The State, with the participation of families and society, promotes the process of
p.(None): civic education in accordance with the principles contained in this Constitution and in the laws.
p.(None):
p.(None): Article 103: Every person has the right to a full, high-quality, ongoing education under conditions and circumstances
p.(None): of equality, subject only to such limitations as derive from such persons own aptitudes, vocation and aspirations.
p.(None): Education is obligatory at all levels from maternal to the diversified secondary level. Education offered at State
p.(None): institutions is free of charge up to the undergraduate university level. To this end, the State shall make a priority
p.(None): investment in accordance with United Nations recommendations. The State shall create and sustain institutions and
p.(None): services sufficiently equipped to ensure the admission process, ongoing education and program completion in the
p.(None): education system. The law shall guarantee equal attention to persons with special needs or disabilities, and to
p.(None): those who have been deprived of liberty or do not meet the basic conditions for admission to and continuing
p.(None): enrollment in the education system. The contributions of private individuals to public education
p.(None): programs at the secondary and university levels shall be tax deductible in accordance with the pertinent law.
p.(None): Article 104: Persons of recognized good moral character and proven academic qualifications shall be
p.(None): placed in charge of education. The State shall encourage them to remain continuously up to date, and shall
p.(None): guarantee stability in the practice of the teaching profession, whether in public or private institutions,
p.(None): in accordance with this Constitution and the law, with working conditions and a standard of living commensurate
p.(None): with the importance of their mission. Admissions, promotion and continued enrollment in the education system shall be
p.(None): provided for by law, and shall be responsive to evaluation criteria based on merit, to the exclusion of
p.(None): any partisan or other nonacademic interference.
p.(None):
p.(None): Article 105: The professions requiring a degree and the conditions that must be met to practice them, including,
p.(None): professional organization membership, shall be determined by law.
p.(None):
p.(None): Article 106: Every natural or juridical person, subject, to demonstration of its ability and provided it meets at all
p.(None): times the ethical, academic, scientific, financial, infrastructure and any other requirements that may be established
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p.(None): directly affected by inaccurate or offensive information. Children* and adolescents have the right to receive
p.(None): adequate information for purposes of their overall development.
p.(None):
p.(None): Article 59: The State guarantees the freedom of cult and religion. All persons have the right to profess their
p.(None): religious faith and cults, and express their beliefs in private or in public, by teaching and other practices,
p.(None): provided such beliefs are not contrary to moral, good customs and public order. The autonomy and independence of
p.(None): religious confessions and churches is likewise guaranteed, subject only to such limitations as may derive from this
p.(None): Constitution and the law. Father and Mother are entitled to have their sons and daughters receive
p.(None): religious education in accordance with their convictions. No one shall invoke religious beliefs or discipline as
p.(None): a means of evading compliance with law or preventing another person* from exercising his or her rights.
p.(None):
p.(None): Article 60: Every person is entitled to protection of his or her honor, private life, intimacy,
p.(None): self-image, confidentiality and reputation. The use of electronic information shall be restricted by law
p.(None): in order to guarantee the personal and family intimacy and honor of citizens* and the full exercise of their
p.(None): rights.
p.(None):
p.(None): Article 61: All persons have the right to freedom of conscience, and to express the same except those practices
p.(None): affecting personality or constituting criminal offense. Objections of conscience may not be invoked in order to
p.(None): evade compliance with law or prevent others from complying with law or exercising their rights.
p.(None):
p.(None): Chapter IV
p.(None): Political Rights and Public Referenda Section One: Political Rights
p.(None):
p.(None): Article 62: All citizens* have the right to participate freely in public affairs, either directly or
p.(None): through their elected* representatives. The participation of the people in forming, carrying out and
p.(None): controlling the management of public affairs is the necessary way of achieving the involvement to ensure their complete
p.(None): development, both individual and collective. It is the obligation of the State and the duty of society to
p.(None): facilitate the generation of optimum conditions for putting this into practice.
p.(None):
p.(None): Article 63: Suffrage is a right. lt. shall be exercised through free, universal, direct and secret elections. The law
p.(None): shall guarantee the principle of personalization of suffrage and proportional representation.
p.(None):
...
p.(None):
p.(None): (7) To declare the unconstitutionality of omissions on the part of the municipal, state, national or
p.(None): legislatures, in failing to promulgate rules or measures essential to guaranteeing compliance with the
p.(None): Constitution, or promulgating it in an incomplete manner; and to establish the time limit and, where necessary,
p.(None): guidelines for correcting the deficiencies.
p.(None):
p.(None): (8) To resolve any conflicts existing between different provisions of law, and declare which of the same must prevail.
p.(None):
p.(None): (9) To resolve constitutional controversies arising between any of the organs of Public Power.
p.(None):
p.(None): (10) To review judgments embodying constitutional protective orders or control on the constitutionality of laws
p.(None): or juridical rules, handed down by the courts of the Republic, on the terms established by the pertinent
p.(None): organic law.
p.(None):
p.(None): (11) Any other functions established by this Constitution or by law.
p.(None):
p.(None): Chapter 11
p.(None): States of Exception
p.(None):
p.(None): Article 337: The President* of the Republic, at a meeting of the Cabinet of Ministers, shall have the power to
p.(None): decree states of exception. Expressly defined as such are circumstances of a social, economic, political,
p.(None): natural or ecological nature which seriously affect the security of the Nation, institutions and citizens*, in the
p.(None): face of which the powers available to cope with such events are insufficient. In such case, the guarantees
p.(None): contained in this Constitution may be temporarily restricted, with the exception of those relating
p.(None): to the right to life, prohibition of incommunicative detention or torture, the right to due process, the right to
p.(None): information and other intangible human rights.
p.(None):
p.(None): Article 338: A state of alarm may be declared when catastrophes, public calamities or other similar events occur,
p.(None): seriously endangering the security of the Nation or its citizens*. Such state of exception shall last for up to
p.(None): 30 days, and may be extended for an additional 30 days. A state of economic emergency may be declared when
p.(None): extraordinary economic circumstances arise, such as to affect seriously the economic life of the Nation; the duration
p.(None): of this state of emergency shall be 60 days, with the possibility of extension for the same period. A state of
p.(None): internal or external commotion may be declared in the event of an internal or external conflict seriously endangering
p.(None): the security of the Nation, its citizens* or its institutions. Such state of commotion shall last for up to 90 days,
p.(None): and may be extended for an additional 90 days. The National Assembly has the responsibility of the approval for the
p.(None): extension of the states of exemption. An organic law shall regulate states of exception and determine the measures that
p.(None): may be adopted based on them.
p.(None):
p.(None): Article 339: The Decree declaring a state of exception, which shall provide for regulating the right whose
p.(None): guarantee is restricted, shall be submitted within eight days of promulgation for consideration
p.(None): and approval by the National Assembly, or Delegated Committee and for a ruling by the Constitutional
p.(None): Division of the Supreme Tribunal or Justice on its constitutionality. The Decree must be in compliance with the
p.(None): requirements, principles and guarantees established in the International Pact on Civil and Political flights
p.(None): and the American Convention on Human Rights. The President* of the Republic shall have the power to request its
p.(None): extension for a similar period, and the Decree shall be revoked by the National Executive or by the National Assembly
p.(None): or the latter's Delegated Committee prior to the indicated date of expiration upon cessation of the
p.(None): conditions which produced them. The declaration of a state of exception does not interrupt the functioning
p.(None): of the organs of the Public Power.
p.(None):
p.(None): TITLE IX CONSTITUTIONAL REFORMS
p.(None): Chapter 1
p.(None): Amendments
p.(None):
p.(None): Article 340: The purpose of an amendment is to add to or modify one or more articles of the Constitution, without
p.(None): altering the fundamental structure of the same.
p.(None): Article 341: The procedure for adopting amendments to the Constitution shall be as follows:
p.(None):
p.(None): (1) The initiative may emanate from 15% of the citizens* registered with the Civil and Electoral Registry, from 39% of
p.(None): the members of the National Assembly or from the President* of the Republic, sitting with the Cabinet of Ministers.
p.(None):
p.(None): (2) When the initiative emanates from the National Assembly, the amendment shall require approval
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Social / Linguistic Proficiency
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p.(None): guaranteeing these purposes.
p.(None):
p.(None): Article 4: The Bolivarian Republic of Venezuela is a decentralized Federal State on the terms set forth in this
p.(None): Constitution, governed by the principles of territorial integrity, cooperation, solidarity, attendance and
p.(None): shared responsibility.
p.(None):
p.(None): Article 5: Sovereignty resides untransferable in the people, who exercise it directly in the manner provided for in
p.(None): this Constitution and in the law, and indirectly, by suffrage, through the organs exercising Public Power. The
p.(None): organs of the State emanate from and are subject to the sovereignty of the people.
p.(None):
p.(None): Article 6: The government of the Bolivarian Republic of Venezuela and of the political organs comprising the same,
p.(None): is and shall always be democratic, participatory, elective, decentralized, alternative, responsible and
p.(None): pluralist, with revocable mandates.
p.(None):
p.(None): Article 7: The Constitution is the supreme law and foundation of the legal order. All persons and organs
p.(None): exercising Public Power are subject to this Constitution.
p.(None):
p.(None): Article 8: The national flag with its yellow, blue and red stripes, the National Anthem "Gloria al bravo pueblo"
p.(None): (Glory to the Brave People), and the coat of arms of the Republic are the symbols of the native land.
p.(None): Law shall regulate their characteristics, meaning and use.
p.(None):
p.(None): Article 9: Spanish is the official language. The use of native languages also has official status for native peoples,
p.(None): and must be respected throughout the territory of the Republic, as constituting part of the cultural heritage of the
p.(None): Nation and humanity.
p.(None):
p.(None): TITLE II
p.(None):
p.(None): GEOGRAPHICAL SPACES AND POLITICAL DIVISION
p.(None):
p.(None): Chapter I
p.(None):
p.(None): Territory and Other Geographical Spaces
p.(None):
p.(None): Article 10: The territory and other geographical spaces of the Republic are those which belonged to the
p.(None): Captaincy-General of Venezuela before the political transformation begun on April 19, 1810, as amended by
p.(None): virtue of the treaties and arbitration awards which have not been vitiated with nullity.
p.(None):
p.(None): Article 11: The full sovereignty of the Republic is exercised on the continental, and insular spaces, lake
p.(None): and river spaces, territorial sea, historic, vital and inland sea areas, and those lying within such straight baselines
p.(None): as have been adopted or may come to be adopted by the Republic; seabed and under the seabed of the
p.(None): aforementioned; the continental, insular and maritime air space and the resources located within
p.(None): the
p.(None):
p.(None): aforementioned spaces, including genetic resources, migratory species, derived products and any intangible
p.(None): components that may be present within the aforementioned spaces because of natural causes. The insular space of
...
p.(None): in accordance with law.
p.(None):
p.(None): Article 80: The State shall guarantee senior citizens* the full exercise of their rights and guarantees. The State,
p.(None): with the joint participation of families and society, is obligated to respect their human dignity, autonomy and to
p.(None): guarantee them full care and social security benefits to improve and guarantee their quality of life. Pension and
p.(None): retirement benefits granted through the social security system shall not be less than the urban minimum
p.(None): salary. Senior citizens* shall be guaranteed to have the right to a proper work, if they indicate a
p.(None): desire to work and are capable to.
p.(None):
p.(None): Article 81: Any person with disability or special needs has the right to the full and autonomous
p.(None): exercise of his or her abilities and to its integration into the family and community. The State, with
p.(None): the joint participation of families and society, guarantees them respect for their human dignity, equality
p.(None): of opportunity and satisfactory working conditions, and shall promote their training, education and access
p.(None): to employment appropriate to their condition, in accordance with law. It is recognized that deaf persons have the
p.(None): right to express themselves and communicate through the Venezuelan sign language.
p.(None):
p.(None): Article 82: Every person has the right to adequate, safe and comfortable, hygienic housing, with
p.(None): appropriate essential basic services, including a habitat such as to humanize family, neighborhood and community
p.(None): relations. The progressive meeting of this requirement is the shared responsibility of citizens* and the
p.(None): State in all areas. The State shall give priority to families, and shall guarantee them, especially those
p.(None): with meager resources, the possibility of access to social policies and credit for the construction,
p.(None): purchase or enlargement of dwellings.
p.(None):
p.(None): Article 83: Health is a fundamental social right and the responsibility of the State, which shall guarantee it as part
p.(None): of the right to life. The State shall promote and develop policies oriented toward improving the quality of life,
p.(None): common welfare and access to services. All persons have the right to protection of health, as well as the duty to
p.(None): participate actively in the furtherance and protection of the same, and to comply with such health and hygiene measures
p.(None): as may be established by law, and in accordance with international conventions and treaties signed and ratified by the
p.(None): Republic.
p.(None):
p.(None): Article 84: In order to guarantee the right to health, the State creates, exercises guidance over and administers a
p.(None): national public health system that crosses sector boundaries, and is decentralized and participatory in nature,
...
p.(None): constituting the cultural heritage of the nation are inalienable, not subject to distrait or to statute of
p.(None): limitations. Penalties and sanctions for damage caused to these assets shall be provided for by law.
p.(None):
p.(None): Article 100: The folk cultures comprising the national identity of Venezuela enjoy special attention, with
p.(None): recognition of and respect for intercultural relations under the principle of equality of cultures. Incentives
p.(None): and inducements shall be provided for by law for persons, institutions and communities which promote, support,
p.(None): develop or finance cultural plans, programs and activities within the country and Venezuelan culture abroad. The
p.(None): State guarantees cultural workers inclusion in the Social security system to provide them with a dignified life,
p.(None): recognizing the idiosyncrasies of cultural work, in accordance with law.
p.(None):
p.(None): Article 101: The State guarantees the issuance, receiving and circulation of cultural information. The
p.(None): communications media have the duty of assisting in the dissemination of the values of folk traditions and the
p.(None): work of artists, writers , composers*, motion- picture directors*, scientists* and other creators* of culture of
p.(None): the country. The television media shall include subtitles and translation into Venezuelan sign language for persons
p.(None): with hearing problems. The terms and modalities of these obligations, shall be established by law.
p.(None):
p.(None): Article 102: Education is a human right and a fundamental social duty; it is democratic, free of charge and obligatory.
p.(None): The State assumes responsibility for it as an irrevocable function of the greatest interest, at all levels and
p.(None): in all modes, as an instrument of scientific, humanistic and technical knowledge at the service of society.
p.(None): Education, is a public service, and is grounded on the respect for all currents of thought, to the end of developing
p.(None): the creative potential of every human being and the full exercise of his or her personality in a democratic society
p.(None): based on the work ethic value and on active, conscious and joint participation in the processes of social
p.(None): transformation embodied in the values which are part of the national identity, and with a Latin
p.(None): American and universal vision. The State, with the participation of families and society, promotes the process of
p.(None): civic education in accordance with the principles contained in this Constitution and in the laws.
p.(None):
p.(None): Article 103: Every person has the right to a full, high-quality, ongoing education under conditions and circumstances
p.(None): of equality, subject only to such limitations as derive from such persons own aptitudes, vocation and aspirations.
...
p.(None): exists, and on any other articles relating thereto. Once the discrepancy has been resolved, the President
p.(None): shall declare the bill enacted into law.
p.(None):
p.(None): Article 210: Debate on bills still pending at the end of a legislative session may be continued during
p.(None): the next regular session or during a special session.
p.(None):
p.(None): Article 211: During the process of debating and approval of bills, the National Assembly or Standing Committees
p.(None): shall consult the other organs of the State, the citizenry and organized society to hear their opinion about
p.(None): the same. The following shall have the right to speak during debates on proposed laws: the Cabinet Ministers*, as
p.(None): representatives of the Executive Power; such justice of the Supreme Tribunal of Justice as the latter may designate, to
p.(None): represent the Judicial Power; such representative of Citizen Power as may be designated by the Republican Ethic
p.(None): Council; the members* of the Electoral Authority; the States, through a representative designated by the State
p.(None): Legislative Council; and the representatives of organized society, on such terms as may be established by
p.(None): the Regulations of the National Assembly.
p.(None):
p.(None): Article 212: The text of laws shall be preceded by the following phrase: "The National Assembly of the Bolivarian
p.(None): Republic of Venezuela hereby Decrees": Article 213: Once the law has been enacted, it shall be promulgated in duplicate
p.(None): with the final language as approved during the debates. Both copies shall be signed by the President*, the two Vice
p.(None): Presidents* and the Secretary* of the National Assembly, with the date of final approval. One of the copies of the law
p.(None): shall be sent by the President* of the National Assembly to the President of the Republic for purposes of promulgation.
p.(None):
p.(None): Article 214: The President* of the Republic shall promulgate the law within a ten day period following the date on
p.(None): which the President* receives it. During this period the President* may, by Cabinet Ministers resolution
p.(None): with statement of grounds, ask the National Assembly to amend any of the provisions of the law or rescind its
p.(None): approval of part or all of it. The National Assembly shall decide by majority vote of those deputies present on the
p.(None): matters raised by the President* of the Republic, and then shall send the law back to him for promulgation. The
p.(None): President* of the Republic must proceed to promulgate the law within five days of receipt, without the
p.(None): possibility of new objections. When the President* of the Republic considers that the law or any of its
p.(None): articles is unconstitutional, he shall be required to request a ruling from the Constitutional Division of the Supreme
p.(None): Tribunal of Justice, within the ten day period allowed the President for promulgating the law. The Supreme Tribunal of
p.(None): Justice shall reach a decision within 15 days of receipt of the communication from the President of the Republic. If
p.(None): the Tribunal declines to rule the provisions referred to it unconstitutional or fails to reach a decision within the
...
p.(None): the statute of limitations.
p.(None):
p.(None): (7) Revision of mitigating and aggravating circumstances considered in imposing penalties, in order to make
p.(None): them stricter.
p.(None):
p.(None): (8) Extend the audit powers of the Tax Administration.
p.(None):
p.(None): (9) Increase the rate of default interest in order to discourage tax evasion.
p.(None):
p.(None): (10) Extension of the principle of solidarity to make it possible to reach the assets of Directors* or tax
p.(None): advisors* in cases they validate tax offenses.
p.(None):
p.(None): (11) Introduction of more expeditious administrative procedures.
p.(None):
p.(None): Sixth: Within two years, the National Assembly shall pass legislation on all matter relating to this
p.(None): Constitution. Priority shall be given to the Organic Laws on Native People, on Education, and on Borders.
p.(None):
p.(None): Seventh: For purposes of article 125 of this Constitution, pending approval of the pertinent organic law,
p.(None): the election of native representatives* to the National Assembly and the State and Municipal Legislative
p.(None): Councils shall be governed by the following nomination requirements and mechanisms:
p.(None):
p.(None): All native organizations or communities shall have the right to nominate native candidates. It is
p.(None): a requirement for being a candidate to speak their native language and meet at least one of the following conditions:
p.(None):
p.(None): (1) Have exercised position of traditional Authority in the correspondent community.
p.(None):
p.(None): (2) Have an established record in the social struggle for recognition of the correspondent cultural identity.
p.(None):
p.(None): (3) Have taken action benefiting native people and communities.
p.(None):
p.(None): (4) Must belong to a legally constituted native organization that has been in existence for at least three years.
p.(None):
p.(None): Three regions are to be established: West, consisting of the States of Zulia, Merida and Trujillo; South, consisting of
p.(None): the States of Amazonas and Apure; and East, consisting of the States of Bolivar, Delta Amacuro, Monagas,
p.(None): Anzoategui, and Sucre. Each of the states comprising the various regions shall elect one
p.(None): representative. The national Electoral Council shall declare elected the candidate who receives a majority of the
p.(None): valid votes in his region or circumscription. The native candidates shall appear on the ballot in their State or
p.(None): circumscription, and all of the voters in such State shall have the right to vote for them. For purposes of native
p.(None): representation on the State Legislative Council and on the Municipal Councils of Municipalities with a native
p.(None): population, the 1992 official census by the Central Statistics and Data Processing Office shall be used as a reference,
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Social / Marital Status
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p.(None): those which ratify international treaties. There shall not be more than one abrogatory referendum on the same matter
p.(None): during the same constitutional term.
p.(None):
p.(None): Chapter V
p.(None): Social and Family Rights
p.(None):
p.(None): Article 75: The State shall protect families as a natural association in society, and as the fundamental space for the
p.(None): overall development of persons. Family relationships are based on equality of rights and duties, solidarity,
p.(None): common effort, mutual understanding and reciprocal respect among family members. The State guarantees protection to
p.(None): the mother, father or other person acting as head of a household. Children* and adolescents have the right to live, be
p.(None): raised and develop in the bosom of their original family. When this is impossible or contrary to their best
p.(None): interests, they shall have the right to a substitute family, in accordance with law. Adoption has effects
p.(None): similar to those of parenthood, and is established in all cases for the benefit of the adoptee*, in
p.(None): accordance with law. International adoption shall be subordinated to domestic adoption.
p.(None):
p.(None): Article 76: Motherhood and fatherhood are fully protected, whatever the marital status of the mother or father. Couples
p.(None): have the right to decide freely and responsibly how many children* they wish to conceive, and are entitled to access to
p.(None): the information and means necessary to guarantee the exercise of this right. The State guarantees overall assistance
p.(None): and protection for motherhood, in general, from the moment of conception, throughout pregnancy, delivery and the
p.(None): puerperal period, and guarantees full family planning services based on ethical and scientific values. The father
p.(None): and mother have the shared and inescapable obligation of raising, training, educating, maintaining and caring
p.(None): for their children*, and the latter have the duty to provide care when the former are unable to do so by themselves.
p.(None): The necessary and proper measures to guarantee the enforceability of the obligation to provide alimony shall be
p.(None): established by law.
p.(None):
p.(None): Article 77: Marriage, which is based on free consent and absolute equality of rights and obligations of the spouses,
p.(None): is protected. A stable de facto union between a man and a woman which meets the requirements established by
p.(None): law shall have the same effects as marriage.
p.(None):
p.(None): Article 78: Children* and adolescents are full legal persons and shall be protected by specialized courts,
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p.(None): Tribunal of Justice, within the ten day period allowed the President for promulgating the law. The Supreme Tribunal of
p.(None): Justice shall reach a decision within 15 days of receipt of the communication from the President of the Republic. If
p.(None): the Tribunal declines to rule the provisions referred to it unconstitutional or fails to reach a decision within the
p.(None): aforementioned period, the President of the Republic must promulgate the law within five days of the Tribunal's
p.(None): decision or the expiration of such term.
p.(None):
p.(None): Article 215: The law shall be promulgated upon publication with the order of "fulfillment" in
p.(None): the Official Gazette of the Republic.
p.(None):
p.(None): Article 216: When the President* of the Republic fails to promulgate the law on the terms indicated
p.(None): above, the President* and the two Vice Presidents* of the National Assembly shall proceed to promulgate
p.(None): it, without prejudice to such liability as the President* of the Republic may incur by reason of his omission.
p.(None):
p.(None): Article 217: The point at which the approving law of an international treaty, agreement or convention must be
p.(None): promulgated shall be left to the discretion of the National
p.(None):
p.(None): Executive, in accordance with international practices and the convenience of the Republic.
p.(None):
p.(None): Article 218: Laws are repealed by other laws and are abrogated by referendum, subject to the exceptions established in
p.(None): this Constitution. Laws may be amended in whole or in part. A law that is amended in part shall be published in a
p.(None): single text that incorporates the amendments passed.
p.(None):
p.(None): Section Five: Procedures
p.(None):
p.(None): Article 219: The first regular legislative session of the National Assembly shall begin, without advance notice, on
p.(None): January fifth of each year or on the first subsequent day possible, and shall continue until August 15.
p.(None): The second session shall begin on September 15 or the first subsequent day possible, and shall end on December
p.(None): 15.
p.(None):
p.(None): Article 220: The National Assembly shall meet in special sessions to take up the matters on the agenda contained in the
p.(None): notice of the meeting, and any related matters. A special session may also consider any matters declared urgent by a
p.(None): majority vote of the members.
p.(None):
p.(None): Article 221: The requirements and procedures for the establishment and other sessions of the National Assembly, and for
p.(None): the functioning of its Committees, shall be determined by the Regulations. In no case may a quorum be less
p.(None): than an absolute majority of the members* of the National Assembly.
p.(None):
p.(None): Article 222: The National Assembly shall be empowered to exercise its control function by means of the
p.(None): following mechanisms: parliamentary questions, investigations, questions, authorizations and parliament's
p.(None): approvals as provided for in this Constitution and by law, and any other mechanism that may be established
p.(None): by laws and their associated Regulations. In exercising parliamentary control, the National Assembly shall have the
p.(None): power to make a finding of political liability on the part of public officials* and call on Citizen Power to initiate
p.(None): the appropriate action to enforce such liability.
p.(None):
...
p.(None): Section Two: Supreme Tribunal of Justice
p.(None):
p.(None): Article 262: The Supreme Tribunal of Justice shall sit in plenary session and in Constitutional,
p.(None): Political/Administrative, Electoral, Civil Appeal, Criminal Appeal, and Social Appeal Divisions, whose
p.(None): composition and competence shall be determined by the pertinent organic act. The Social Division shall encompass
p.(None): matters relating to appeals involving agrarian matters, labor matters and minors.
p.(None):
p.(None): Article 263: To be a justice* of the Supreme Tribunal of Justice, a person must:
p.(None):
p.(None): (1) Have Venezuelan nationality by birth.
p.(None):
p.(None): (2) Be recognized as an honorable citizen*.
p.(None):
p.(None): (3) Be a jurist of recognized competence; enjoy a good reputation; have a minimum of 15 years experience practicing law
p.(None): and have a post graduate degree in law, or have at least 15 years experience as a university professor of
p.(None): law, having obtained the rank of full professor; or be or have been a superior court judge in the specialty of the
p.(None): division for which he is a candidate, having been a sitting judge for at least 15 years and gained recognized prestige
p.(None): in the performance of his duties.
p.(None):
p.(None): (4) Any other requirements established by law.
p.(None):
p.(None): Article 264: The justices of the Supreme Tribunal of Justice shall be elected for a single term of 12 years. The
p.(None): election procedure shall be determined by law. In all cases, candidates may be proposed to the Judicial
p.(None): Nominations Committee either on their own initiative or by organizations involved in the field of law. After hearing
p.(None): the opinion of the community, the Committee shall carry out a pre selection to be submitted to the Citizen Power,
p.(None): which shall carry out a second pre selection to be submitted to the National Assembly, which shall carry
p.(None): out the final selection. Citizens* may file objections to any of the candidates*, for cause, with the Judicial
p.(None): Nominations Committee or the National Assembly.
p.(None):
p.(None): Article 265: Justices* of the Supreme Tribunal of Justice may be removed by the National Assembly by a
p.(None): qualified two-thirds majority of the members, after granting the interested party a hearing; in cases involving serious
p.(None): misconduct already characterized as such by the Citizen Power, on such terms as may be established by law.
p.(None):
p.(None): Article 266: The following are powers of the Supreme Tribunal of Justice:
p.(None):
p.(None): (1) To exercise constitutional jurisdiction in accordance with title VIII of this Constitution.
p.(None):
p.(None): (2) To rule as to whether or not there are grounds for impeaching the President* of the Republic or
p.(None): whomever may be acting in that capacity, and if so, to retain competence of the proceedings, subject to the approval of
p.(None): the National Assembly, until the final judgment.
p.(None):
...
p.(None): which shall be made up of a group of representative s from various sectors of society, and shall conduct
p.(None): public proceedings resulting in the provision of a list of three candidates from each organ member of the
p.(None): Citizen Power to be submitted for consideration by the National Assembly, which, by a two-thirds vote of its
p.(None): members, shall select within 30 calendar days the member* of the Citizen Power organ
p.(None):
p.(None): under consideration in each case. If the National Assembly has not reached an agreement by the end of this period,
p.(None): Electoral shall submit the list of three candidates to a public referendum. If the Citizen Power Nomination
p.(None): Evaluating Committee has not been convoked, the National Assembly shall proceed, within such time limit
p.(None): as may be determined by law, to designate the member* of the pertinent Citizen Power organ. Members* of
p.(None): Citizen Power shall be subject to removal by the National Assembly, following a ruling by the Supreme
p.(None): Tribunal of Justice, in accordance with the procedure established by law.
p.(None):
p.(None): Section Two: People Defender's Office
p.(None):
p.(None): Article 280: The People Defender's Office is charged with the furtherance, defense and oversight of the rights
p.(None): and guarantees established under this Constitution and international treaties on human rights, in addition
p.(None): to defending the legitimate, collective and diffuse interest of the citizens*. The People Defender's Office
p.(None): shall act under the direction and responsibility of the People Defender*, who shall be designated to serve for a
p.(None): single seven-year term. The People Defender must be a Venezuelan national over the age of 30 years, with manifest and
p.(None): proven competence in the field of human rights, and must meet with such requirements as to honesty, ethics and
p.(None): morality as may be established by law. If the People Defender is temporarily or permanently unavailable to serve,
p.(None): the vacancy shall be filled in accordance with applicable provisions of law.
p.(None):
p.(None): Article 281: The following are functions of the People Defender:
p.(None):
p.(None): (1) To see that the human rights provided for in this Constitution and in the international treaties, agreements
p.(None): and conventions on human rights ratified by the Republic are effectively respected and guaranteed,
p.(None): investigating either on his own initiative or at the request of any denunciation of which he or
p.(None): she becomes aware.
p.(None):
p.(None): (2) To see to the proper functioning of public services; protect and defend the legitimate, collective and diffuse
p.(None): rights and interests of persons against arbitrary acts, abuse of authority and errors committed in the providing of
p.(None): such public services, filing when appropriate, any actions to demand that the State compensate parties subject to its
p.(None): administrative actions for any damages that may have been caused them in connection with the
p.(None): functioning of such public services.
p.(None):
p.(None): (3) To file unconstitutionality actions, summary constitutional remedies, habeas corpus, habeas data and any
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p.(None): creating a universal and complete Social Security system, with joint, unitary, efficient and participatory
p.(None): financing from direct and indirect contributions. The lack of ability to contribute shall not be ground for excluding
p.(None): persons from protection by the system. Social Security financial resources shall not be used for other purposes. The
p.(None): mandatory assessments paid by employees to cover medical and health care services and other Social
p.(None): Security benefits shall be administered only for social purposes, under the guidance of the State. Any net
p.(None): remaining balances of capital allocated to health, education and Social Security shall be accumulated for distribution
p.(None): and contribution to those services. The Social Security system shall be ruled by a special organic law.
p.(None):
p.(None): Article 87: All persons have the right and duty to work. The State guarantees the adoption of the
p.(None): necessary measures so that every person shall be able to obtain productive work providing him or her with a dignified
p.(None): and decorous living and guarantee him or her the full exercise of this right. It is an objective of the
p.(None): State to promote employment. Measures tending to guarantee the exercise of the labor rights of self employed persons
p.(None): shall be adopted by law. Freedom to work shall be subject only to such restrictions as may be established by law.
p.(None): Every employer* shall guarantee employees* adequate safety, hygienic and environmental conditions on the job.
p.(None): The State shall adopt measures and create institutions such as to make it possible to control and promote these
p.(None): conditions.
p.(None):
p.(None): Article 88: The State guarantees the equality and equitable treatment of men and women in the exercise of the right to
p.(None): work. The state recognizes work at home as an economic activity that creates added value and produces social welfare
p.(None): and wealth. Housewives are entitled to Social Security in accordance with law.
p.(None):
p.(None): Article 89: Work is a social fact and shall enjoy the protection of the State. The law shall make the necessary
p.(None): provisions for improving the material, moral and intellectual conditions of workers*. In order to fulfill
p.(None): this duty of the State, the following principles are established:
p.(None):
p.(None): (1) No law shall establish provisions that affect the intactness and progressive nature of labor rights and
p.(None): benefits. In labor relations, reality shall prevail over forms or appearances.
p.(None):
p.(None): (2) Labor rights are unrenounceable; any action, agreement or convention involving a waiver of or encroachment upon
p.(None): these rights is null and void. Concessions and settlements are possible only at the end of the
p.(None): employment relationship, in accordance with the requirements established by law.
p.(None):
p.(None): (3) When there are doubts concerning application or conflicts among several rules, or in the
p.(None): interpretation of a particular rule, that most favorable to the worker shall be applied. The rule applied must be
...
p.(None): basic material, social and intellectual needs for himself or herself and his or her family. The payment of equal salary
p.(None): for equal work is guaranteed, and the share of the profits of a business enterprise to which workers are
p.(None): entitled shall be determined. Salary is not subject to garnishment, and shall be paid periodically and
p.(None): promptly in legal tender, with the exception of the food allowance, in accordance with law. The State guarantees
p.(None): workers* in both the public and the private sector a vital minimum salary which shall be adjusted each year,
p.(None): taking as one of the references the cost of a basic market basket. The form and procedure to be followed,
p.(None): shall be established by law. Article 92: All workers* have the right to benefits to compensate them for
p.(None): length of service and protect them in the event of dismissal. Salary and benefits are labor obligations due and payable
p.(None): immediately upon accrual. Any delay in payment
p.(None):
p.(None): of the same shall bear interest, which constitutes a debt certain and shall enjoy the same privileges and guarantees as
p.(None): the principal debt.
p.(None):
p.(None): Article 93: Stable employment shall be guaranteed by law, with provisions as appropriate to
p.(None): restrict any form of unjustified dismissal. Dismissals contrary to this Constitution are null and void.
p.(None):
p.(None): Article 94: The liability of the natural or juridical person for whose benefit services are provided through an
p.(None): intermediary or contractor shall be determined by law, without prejudice to the job and severance liability of
p.(None): the latter. The State shall establish, through the competent organ, the liability to which employers* in general are
p.(None): subject in the event of simulation or fraud for the purpose of distorting, disregarding or impeding the
p.(None): application of labor legislation.
p.(None):
p.(None): Article 95: Workers*, without distinction of any kind and without need for authorization in advance, have the right
p.(None): freely to establish such union organizations as they may deem appropriate for the optimum protection of their rights
p.(None): and interests, as well as the right to join or not to join the same, in accordance with law. These organizations are
p.(None): not subject to administrative dissolution, suspension or intervention. Workers are protected against any act of
p.(None): discrimination or interference contrary to the exercise of this right. The promoters* and the members* of the
p.(None): board of directors of the union enjoy immunity from dismissal from their employment for the period and on the terms
p.(None): required to enable them to carry out their functions. For purposes of the exercise of union democracy, the bylaws and
p.(None): regulations of union organizations, shall provide for the replacement of boards of directors* and
p.(None): representatives by universal, direct and secret suffrage. Any union leaders* and representatives who abuse
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p.(None): who made the arrest.
p.(None):
p.(None): (4) In the case of the arrest of foreign nationals, (male or female), applicable provisions of
p.(None): international treaties concerning consular notification shall also be observed.
p.(None):
p.(None): (5) The penalty shall not extend beyond the person of the convicted individual. No one shall be sentenced to
p.(None): perpetual or humiliating penalties. Penalties consisting of deprivation of liberty shall not exceed 30 years.
p.(None):
p.(None): (6) Any authority taking measures involving the deprivation of liberty must identify himself or herself.
p.(None):
p.(None): (7) No person shall remain under arrest after a release order has been issued by the competent
p.(None): authority or such person's sentence has been served.
p.(None):
p.(None): Article 45: The public authorities, whether military, civilian or of any other kind, even during a state of emergency,
p.(None): exception or restriction or guarantees, are prohibited from effecting, permitting or tolerating the forced
p.(None): disappearance of persons. An officer* receiving an order or instruction to carry it out, has the
p.(None): obligation not to obey, and to report the order or instruction to the competent authorities. The intellectual and
p.(None): physical perpetrators* accomplices and concealers* of the crimes of forced disappearance of a person, as
p.(None): well as any attempt to commit such offense, shall be punished in accordance with law.
p.(None):
p.(None): Article 46: Everyone is entitled to respect for his or her physical, mental and moral integrity,
p.(None): therefore:
p.(None):
p.(None): (1) No person shall be subjected to penalties, tortures, cruelty, inhuman or degrading treatment. Every victim
p.(None): of torture or cruel, inhumane or degrading treatment effected or tolerated by agents of the State
p.(None): has the right to rehabilitation.
p.(None):
p.(None): (2) Any person deprived of liberty shall be treated with respect due to the inherent dignity of the human being.
p.(None):
p.(None): (3) No person shall be subjected without his or her freely given consent to scientific experiments or medical or
p.(None): laboratory examinations, except when such person's life is in danger, or in any other circumstances as may
p.(None): be detained by law.
p.(None):
p.(None): (4) Any public official who, by reason of his official position, inflicts mistreatment or physical or mental
p.(None): suffering on any person or instigates or tolerates such treatment, shall be punished* in accordance with law.
p.(None):
...
p.(None): of a deputy* from his or her office, shall only be decided by a two thirds vote of those present.
p.(None):
p.(None): (21) To organize its own internal security service.
p.(None):
p.(None): (22) To pass and implement its budget of expenditures, taking into account the country's financial limitations.
p.(None):
p.(None): (23) To implement resolutions concerning its own administrative organization and functioning.
p.(None):
p.(None): (24) Any others indicated in this Constitution or by law.
p.(None):
p.(None): Article 188: To be elected to the office of deputy of the National Assembly, a person must:
p.(None):
p.(None): (1) Be Venezuelan by birth, or by naturalization with 15 years of residence within the territory of Venezuela.
p.(None):
p.(None): (2) Be over the age of 21 years.
p.(None):
p.(None): (3) Have resided for four consecutive years in the organ from which he or she is elected, prior to such election.
p.(None):
p.(None): Article 189: The following shall not be eligible for the office of deputy*:
p.(None):
p.(None): (1) The President* of the Republic, the Executive Vice-President Ministers*, the Secretary* of the
p.(None): Office of the President of the Republic and the Chairpersons* and Directors of Autonomous Institutes and State owned
p.(None): enterprises, until three months after leaving such offices.
p.(None):
p.(None): (2) Governors* and government secretaries of the States or the Capital District, until three months after
p.(None): permanently leaving such offices.
p.(None):
p.(None): (3) Municipal state or national, Autonomous Institutes or State-owned enterprises, officers* when the election
p.(None): is taking place in the jurisdiction in which such officer serves, except in the case of a temporary care-
p.(None): providing, teaching or academic position. The pertinent organic law may provide for the ineligibility of other
p.(None): officers*.
p.(None):
p.(None): Article 190: Deputies* of the National Assembly shall not be proprietors*, administrators* or
p.(None): directors* of business enterprises that enter into contracts with public sector juridical persons, so that they shall
p.(None): have no private beneficial interest in dealing with it. When matters involving financial conflicts of interest come up
p.(None): for discussion, the affected members of the National Assembly shall be required to abstain from the
p.(None): pertinent vote.
p.(None):
p.(None): Article 191: Deputies* of the National Assembly shall not be permitted to accept or hold public employment positions
p.(None): without giving up their investiture, except in teaching, academic, temporary and care-giving positions, and
p.(None): provided the employment is not intended to be full-time.
p.(None):
p.(None): Article 192: Deputies* of the National Assembly shall hold office for a term of five years, with
p.(None): eligibility for re-election to no more than one additional term.
p.(None): Section Two: Organization of the National Assembly
p.(None):
p.(None): Article 193: The National Assembly shall appoint ordinary and special Standing Committees. The Standing
p.(None): Committees, which shall be no more than 15 in number, shall relate to sectors of national activity. The National
p.(None): Assembly shall also have the power to create Committees of temporary nature for purposes of research and
p.(None): study, all of the foregoing in accordance with the applicable Regulations. The National Assembly shall
...
p.(None):
p.(None): Seventeenth: Once this Constitution has been approved, the name of the Republic shall be "Bolivarian Republic of
p.(None): Venezuela," as provided for under article 1. It is the obligation of authorities and institutions, both public
p.(None): and private, which are required to issue records, certificates or any other documents, to use the name "Bolivarian
p.(None): Republic of Venezuela" effective immediately. For routine matters, administrative offices shall use up their
p.(None): existing stationery, replacing the same progressively with conforming documentation, but in any case
p.(None): completing such replacement within five years. The circulation of coins minted and banknotes issued with the name
p.(None): "Republic of Venezuela" shall be regulated by the reform of the Venezuelan Central Bank Law contemplated
p.(None): under the Fourth Temporary Provision of this Constitution, with a view to make the transition to the name
p.(None): "Bolivarian Republic of Venezuela."
p.(None):
p.(None): Eighteenth: In order to assure the application of article 113 of this Constitution, the National Assembly
p.(None): shall pass a law establishing an entity which shall supervise, control and inspect the effective application of
p.(None): such principles and the provision and rules developing them. The person presiding or directing such entity shall
p.(None): be appointed with the majority of the votes of the members* of the National Assembly, with the favorable report of
p.(None): special commission designated from the bosom of the National Assembly for such purposes. The law shall establish
p.(None): the officer of the Public Administration and Judges* in charge of evaluating and deciding controversies related
p.(None): to the subjects referred to under such arrangement, apply with priority and exclusive the principles
p.(None): regulated thereof and that they shall not apply any provision which may cause the opposite effect. The law shall
p.(None): regulate the concessions for public services, the benefits for the concessionaire* and the financing
p.(None): of investments closely related to such public service, including upgrades and enlargement considered
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p.(None): office.
p.(None):
p.(None): Article 52: Everyone has the right to assemble for lawful purposes, in accordance with law. The State is obligated to
p.(None): facilitate the exercise of this right.
p.(None):
p.(None): Article 53: Everyone has the right to meet publicly or privately, without obtaining permission in
p.(None): advance, for lawful purposes and without weapons. Meetings in public places may be regulated by law.
p.(None):
p.(None): Article 54: No person shall be subjected to slavery or servitude. Traffic of persons, in particular women, children*
p.(None): and adolescents, in any form, shall be subject to the penalties prescribes by law.
p.(None):
p.(None): Article 55: Every person has the right to protection by the State, through the citizen safety organs
p.(None): regulated by law, from situations that affect or constitute a threat, vulnerability or risk to the
p.(None): physical integrity of individuals, their properties, the enjoyment of rights or the Fulfillment of duties.
p.(None): Participation by citizens* in programs for purposes of prevention, citizen safety and emergency management shall be
p.(None): regulated by a special law. The State's security corps shall respect the human dignity and rights of all persons. The
p.(None): use of weapons or toxic substances by police and security officers shall be limited by the principles of
p.(None): necessity, convenience, opportunity and proportionality in accordance with law.
p.(None):
p.(None): Article 56: Every person has the right to his own name, to the summates of his father and mother, and to know the
p.(None): identity of the latter. The State guarantees the right to investigates maternity and paternity. All persons
p.(None): have the right to be registered free of charge with the Civil Registry Office after birth, and to obtain
p.(None): public documents constituting evidence of their biological identity, in accordance with law. Such
p.(None): documents shall not contain any mention classifying the parental relationship.
p.(None):
p.(None): Article 57: Everyone has the right to express freely his or her thoughts, ideas or opinions orally, in writing or by
p.(None): any other form of expression, and to use for such purpose any means of communication and diffusion, and no censorship
p.(None): shall be established. Anyone making use of this right assumes full responsibility for everything expressed. Anonymity,
p.(None):
p.(None): war propaganda, discriminatory messages or those promoting religious intolerance are not permitted. Censorship
p.(None): restricting the ability of public officials* to report on matters for which they are responsible is prohibited.
p.(None):
p.(None): Article 58: Communications are free and plural, and involve the duties and responsibilities
p.(None): indicated by law. Everyone has the right to timely, truthful and impartial information, without censorship, in
p.(None): accordance with the principles of this Constitution, as well as the right to reply and corrections when they are
...
p.(None): of organization, operation and direction. Their governing organs and candidates* for offices filled by popular vote,
p.(None): shall be selected* by internal elections with participation of their members. No financing of associations for
p.(None): political purposes with State funds shall be permitted. Matters relating to the financing of and
p.(None): private contributions to associations for political purposes shall be regulated by law, as shall the oversight
p.(None): mechanisms to guarantee propriety as to the sources and handling of such funds. Law shall regulate as well,
p.(None): political and election campaigns, the duration thereof and spending limits with a view pursuing its
p.(None): democratization. Citizens*, on their own initiative, and associations for political purposes, shall be
p.(None): entitled to participate in the electoral process, putting forward candidates*. The financing of political
p.(None): advertising and election campaigns shall be regulated by law. The authorities of associations for political purposes
p.(None): shall not enter into contracts with organs in the public sector.
p.(None):
p.(None): Article 68: Citizens* have the right to demonstrate, peacefully and without weapons, subject only to such
p.(None): requirements as may be established by law. The use of firearms and toxic substances to control peaceful demonstrations
p.(None): is prohibited. The activity of police and security corps in maintaining public order shall be regulated by law.
p.(None):
p.(None): Article 69: The Bolivarian Republic of Venezuela recognizes and guarantees the right of asylum and refuge. Extradition
p.(None): of Venezuelans* is prohibited.
p.(None):
p.(None): Article 70: Participation and involvement of people in the exercise of their sovereignty in political affairs can
p.(None): be manifested by: voting to fill public offices, referendum, consultation of public opinion,
p.(None): mandate revocation, legislative, constitutional and constituent initiative, open forums and meetings of
p.(None): citizens* whose decisions shall be binding among others; and in social and economic affairs: citizen
p.(None): service organs, self- management, co-management, cooperatives in all forms, including those of a financial
p.(None): nature, savings funds, community enterprises, and other forms of association guided by the values of mutual cooperation
p.(None): and solidarity. The law shall establish conditions for the effective, functioning of the means of participation
p.(None): provided for under the present article.
p.(None):
p.(None): Section Two: Popular Referendum
p.(None):
p.(None): Article 71: Matters of special national transcendence may be referred to a consultative referendum, on the initiative
p.(None): of the President* of the Republic, taken at a meeting of the Cabinet; by resolution of the National Assembly,
p.(None): passed by a majority vote; or at the request of a number of voters constituting at least 10% of all voters*
p.(None): registered on the national, civil and electoral registry. Matters of special state, municipal and parish
...
p.(None): Article 154: Treaties agreed to by the Republic must be approved by the National Assembly prior to their
p.(None): ratification by the President* of the Republic, with the exception of those which seek to perform or perfect
p.(None): pre-existing obligations of the Republic, apply principles expressly recognized by the Republic, perform
p.(None): ordinary acts in international relations or exercise powers expressly vested by law in the National Executive.
p.(None):
p.(None): Article 155: In the international agreements, treaties and conventions entered into by the Republic, a clause shall
p.(None): be inserted whereby the parties agree to resolve by peaceful means recognized under international law or
p.(None): agreed upon in advance between them, where this is the case, any controversies that may arise between them in
p.(None): connection with its interpretation or implementation, if not inappropriate and if it is permitted by the
p.(None): procedure to be followed in entering into the treaty, agreement or convention.
p.(None):
p.(None): Chapter 11
p.(None): Competence of National Public Power
p.(None):
p.(None): Article 156: Is of the competence of the National Public Power:
p.(None):
p.(None): (1) The international policy and actions of the Republic.
p.(None):
p.(None): (2) Defense and supreme vigilance of the general interests of the Republic, public peace keeping and the proper
p.(None): enforcement of the laws throughout the national territory.
p.(None):
p.(None): (3) The flag, coat of arms, national anthem, holidays, decorations and honors of a national nature.
p.(None):
p.(None): (4) Naturalization, admission, extradition and expulsion of foreign nationals*.
p.(None):
p.(None): (5) Identification services.
p.(None):
p.(None): (6) The national police.
p.(None):
p.(None): (7) National security, defense and development.
p.(None):
p.(None): (8) The organization and governance of the National Armed Forces.
p.(None):
p.(None): (9) The governance of risk and emergency management.
p.(None):
p.(None): (10) The organization and governance of the Capital District and the federal dependencies.
p.(None):
p.(None): (11) Regulation of central banking, the monetary system, foreign currency, the financial and capital market system and
p.(None): the issuance and mintage of currency.
p.(None):
p.(None): (12) The creation, organization, collection, administration and control of taxes on income, inheritances, donations
p.(None): and other related areas, capital, production, value added, hydrocarbons and mines; duties on the importing and
p.(None): exporting of products and services; taxes on the consumption of liquor, alcohol and other products containing
p.(None): alcohol, cigarettes and other tobacco products; and any other taxes, assessments and revenues not expressly
p.(None): assigned by this Constitution and the law to the States and Municipalities.
p.(None):
p.(None): (13) Legislation to guarantee the coordination and harmony of the various different taxing powers and define
p.(None): principles, parameters and limitations, especially for purposes of determining the tax rates and aliquot parts for
p.(None): state and municipal taxes, and to create specific funds that ensure inter- territorial solidarity.
p.(None):
p.(None): (14) The creation and organization of land taxes or taxes on rural properties and on real estate
...
p.(None): prejudice to the scope of the functions of the Office of the General Comptroller of the Republic. This body shall act
p.(None): under the direction and responsibility of a Comptroller*, whose qualifications to serve in this position shall be
p.(None): determined by law, guaranteeing his capability and independence, as well as the neutrality of his appointment, which
p.(None): shall be by public competition.
p.(None): Article 164: Is of the States exclusive competence:
p.(None):
p.(None): (1) Promulgating their Constitution to organize public authority, in accordance with the provisions of
p.(None): this Constitution.
p.(None):
p.(None): (2) Organization of their Municipalities and other local organs and the territorial and political
p.(None): divisions between them, in accordance with this Constitution and in accordance with law.
p.(None):
p.(None): (3) Management of their assets and investment and management of their resources, including those deriving from
p.(None): transfers, subsidies or special assuagements from National Power, and those assigned to them as a share of national
p.(None): tax revenues.
p.(None):
p.(None): (4) Organization, collection, control and administration of their own taxes, in accordance with provisions of national
p.(None): and state law.
p.(None):
p.(None): (5) The governance and exploitation of non-metallic minerals that are not reserved to National Power, as well as salt
p.(None): deposits and oyster beds, and the management of vacant lands within their jurisdiction, in accordance with
p.(None): law.
p.(None):
p.(None): (6) Organization of the police and determination of the branches of this service to be assigned to
p.(None): municipal jurisdiction, in accordance with applicable national legislation.
p.(None):
p.(None): (7) Creation, organization, collection, control and management in the fields of sealed paper and tax
p.(None): documentary stamps.
p.(None):
p.(None): (8) Creation, governance and organization of state public services.
p.(None):
p.(None): (9) Construction, preservation, management and exploitation of overland travel routes within the states.
p.(None):
p.(None): (10) Conservation, management and exploitation of national expressways and highways, as well as ports and
p.(None): airports in commercial use, in coordination with the National Executive.
p.(None):
p.(None): (11) Any matters not placed, in accordance with this Constitution, under national or municipal jurisdiction.
p.(None):
p.(None): Article 165: Matters involving concurrent competence shall be regulated by laws enacted by National Power and
p.(None): implementation laws passed by the States. This legislation shall be guided by the principles of
p.(None): interdependence, coordination, cooperation, shared responsibility and subordination. The States shall
p.(None): decentralize and transfer to the Municipalities the state services and powers which the Municipalities are
p.(None): capable of exercising, as well as management of the associated resources, in the areas in which
p.(None): concurrent jurisdiction exist as between these two levels of Public Power. The transfer mechanisms shall be regulated
p.(None): by the legal system of the State concerned.
p.(None):
p.(None): Article 166: In each state, a Public Policy Planning and Coordination Council shall be created, chaired by the
...
p.(None): urban public passenger * transportation services.
p.(None):
p.(None): (3) Public spectacles and commercial advertising, to the extent pertinent to specific municipal interests and purposes.
p.(None):
p.(None): (4) Protection of the environment and cooperation with environmental sanitation efforts; urban and
p.(None): household sanitation, including cleaning, waste collection and treatment and civil protection.
p.(None):
p.(None): (5) Healthiness and primary health care; services for the protection of infants and children, adolescents and
p.(None): senior citizens; preschool education; family services to integrate the disabled into the development of the
p.(None): community; cultural and sports activities and facilities. Prevention and protective services; surveillance
p.(None): and control of property and activities relating to matters within municipal competency.
p.(None):
p.(None): (6) Drinking water services, electricity and gas for household use, sewers. channeling and disposal of wastewater;
p.(None): cemeteries and funeral services.
p.(None):
p.(None): (7) Small claims courts, neighborhood prevention and protection and municipal police services, in
p.(None): accordance with applicable national legislation.
p.(None):
p.(None): (8) Any others with which Municipalities may be charged under the Constitution and by law. The actions that
p.(None): Municipalities have the power to take within the scope of their competence are without prejudice to national and
p.(None): state competence as defined by law in accordance with the Constitution.
p.(None):
p.(None): Article 179: Municipalities shall have the following revenues:
p.(None):
p.(None): (1) Those deriving from their capital assets, including the proceeds from their common lands and other property.
p.(None):
p.(None): (2) Charges for the use of their goods or services; administrative charges for licenses or authorizations; taxes on
p.(None): economic activities in the areas of industry, business and services, or those of similar kind, with
p.(None): the limitations established in this Constitution; taxes on urban real property, vehicles, public shows, games and
p.(None): lawful wagering; advertising and commercial publicity; and, the special tax on increased property values
p.(None): generated by changes in use or intensity of exploitation from which they benefit because of zoning plans.
p.(None):
p.(None): (3) The rural territorial tax or tax on rural estates; sharing in the tax on improvements and other
p.(None): national and state taxes, in accordance with the laws creating such taxes.
p.(None):
p.(None): (4) Those deriving from the constitutional revenue share and other national or state transfers or
p.(None): subsidies.
p.(None):
...
p.(None): in the carrying out of these operations, and shall have as its basic responsibility that of conducting
p.(None): operations as required to maintain internal order within the country. The National Armed Forces shall
p.(None): carry out activities of administrative policing and criminal investigation activities as provided for by law.
p.(None):
p.(None): Article 330: Members* of the National Armed Forces on active duty have the right to vote in accordance with law, but
p.(None): are not permitted to run for any office filled by popular vote, nor to participate in acts of political advertising,
p.(None): militancy or proselytizing.
p.(None):
p.(None): Article 331: Military promotions shall be in accordance with merit, hierarchy and vacancies. They are the
p.(None): exclusive prerogative of the National Armed Forces, and shall be regulated by the pertinent law.
p.(None):
p.(None): Chapter IV
p.(None): Civilian Security Organs
p.(None):
p.(None): Article 332: The National Executive, in accordance with law, to maintain, and restore public order; protect
p.(None): citizens, homes and families; support the decisions of the competent authorities and ensure the peaceful enjoyment
p.(None): of constitutional guarantees and rights, shall organize:
p.(None):
p.(None): (1) A uniformed national police corps.
p.(None):
p.(None): (2) A scientific, criminal and criminological investigation corps.
p.(None):
p.(None): (3) A civilian fire department and emergency management corps.
p.(None):
p.(None): (4) A civil defense and disaster management organization.
p.(None):
p.(None): Organs of civilian security are of civil nature and shall respect human dignity and human rights, without
p.(None): discrimination of any kind. The functions of the civilian security organs constitute a concurrent competence with
p.(None): those of the States and Municipalities, on the terms established in this Constitution and the law.
p.(None):
p.(None): TITLE VIII PROTECTION OF THE CONSTITUTION
p.(None):
p.(None): Chapter 1
p.(None): Guarantee of the Constitution
p.(None):
p.(None): Article 333: This Constitution shall not cease to be in effect if it ceases to be observed due to acts of force or
p.(None): because or repeal in any manner other than as provided for herein. In such eventuality, every citizen*, whether or not
p.(None): vested with official authority, has a duty to assist in bringing it back into actual effect.
p.(None):
p.(None): Article 334: All of the judges* of the Republic, within their respective spheres of competence and in
p.(None): accordance with the provisions of this Constitution and law, are obligated to ensure the integrity of
p.(None): the Constitution. In the event of incompatibility between the Constitution and a law or other juridical
p.(None): provision, the provisions of the Constitution shall prevail, being the responsibility of the courts to rule
...
p.(None): parishes shall continue existing until they have been adapted to the new regime provided for under such
p.(None): legislation.
p.(None):
p.(None): (8) The law by which the Venezuelan Central Bank is to be governed. Among other matters, this law shall
p.(None): provide for the scope of the functions and manner of organization of this entity; the functions, term of
p.(None): office, manner of election, removal, incompatibilities, regime and requirements for the designation of its
p.(None): Chairman and Directors; the accounting rules for establishing its reserves and the manner in which its profits
p.(None): are to be applied; the annual independent audit of accounts and balances by firms of specialists selected by the
p.(None): National Executive and subsequent control by the Office of the General Comptroller of the Republic regarding
p.(None): the legality, sincerity, opportunity, efficacy and efficiency of the administrative activity of
p.(None): the Venezuelan Central Bank. The law shall provide the Chairman* and other members* of the Board of Directors of
p.(None): the Venezuelan Central Bank shall represent exclusively the national interest, to which end it shall provide
p.(None): for public proceedings to evaluate the merits and credentials of candidates for the aforementioned positions. The law
p.(None): shall provide that the Executive Power shall have the power to designate no less than half of the Directors as
p.(None): well as the Chairman of the Venezuelan Central Bank, and shall establish the terms for participation by the
p.(None): Legislative Power in the designation and ratification of these authorities.
p.(None):
p.(None): (9) A law of national police corp. This law shall establish the mechanism for the integration of terrestrial
p.(None): transport and transit vigilance to the national police corps.
p.(None):
p.(None): Fifth: Within one year of the effective date of this Constitution, the National Assembly shall enact a reformed Organic
p.(None): Tax Code establishing, among other matters:
p.(None):
p.(None): (1) Strict interpretation of tax laws and rules, bearing in mind their purpose and their economic
p.(None): significance, in order to eliminate ambiguities.
p.(None):
p.(None): (2) The elimination of exceptions to the principle of non-retroactivity of the law.
p.(None):
p.(None): (3) Expansion of the concept of imputed income, in order to provide the Tax Administration with better instruments.
p.(None):
p.(None): (4) Elimination of the statute of limitations for serious tax offenses, which must be defined in the Organic Tax Code.
p.(None):
p.(None): (5) Increase penalties for advisors, law firms, independent auditors and other professionals who act in
p.(None): complicity for the purpose of committing tax offenses, including periods of suspension from the practice of
p.(None): their professions.
p.(None):
p.(None): (6) Increase penalties and the severity of the sanctions for tax evasion crimes increasing the periods for
p.(None): the statute of limitations.
p.(None):
p.(None): (7) Revision of mitigating and aggravating circumstances considered in imposing penalties, in order to make
p.(None): them stricter.
p.(None):
p.(None): (8) Extend the audit powers of the Tax Administration.
p.(None):
p.(None): (9) Increase the rate of default interest in order to discourage tax evasion.
p.(None):
p.(None): (10) Extension of the principle of solidarity to make it possible to reach the assets of Directors* or tax
p.(None): advisors* in cases they validate tax offenses.
p.(None):
p.(None): (11) Introduction of more expeditious administrative procedures.
p.(None):
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Social / Property Ownership
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p.(None): obligation not to obey, and to report the order or instruction to the competent authorities. The intellectual and
p.(None): physical perpetrators* accomplices and concealers* of the crimes of forced disappearance of a person, as
p.(None): well as any attempt to commit such offense, shall be punished in accordance with law.
p.(None):
p.(None): Article 46: Everyone is entitled to respect for his or her physical, mental and moral integrity,
p.(None): therefore:
p.(None):
p.(None): (1) No person shall be subjected to penalties, tortures, cruelty, inhuman or degrading treatment. Every victim
p.(None): of torture or cruel, inhumane or degrading treatment effected or tolerated by agents of the State
p.(None): has the right to rehabilitation.
p.(None):
p.(None): (2) Any person deprived of liberty shall be treated with respect due to the inherent dignity of the human being.
p.(None):
p.(None): (3) No person shall be subjected without his or her freely given consent to scientific experiments or medical or
p.(None): laboratory examinations, except when such person's life is in danger, or in any other circumstances as may
p.(None): be detained by law.
p.(None):
p.(None): (4) Any public official who, by reason of his official position, inflicts mistreatment or physical or mental
p.(None): suffering on any person or instigates or tolerates such treatment, shall be punished* in accordance with law.
p.(None):
p.(None): Article 47: A person's home and any private premise are inviolable. They may not be forcibly entered except
p.(None): by court order, to prevent the commission of a crime or carry out the decisions handed down by the
p.(None): courts in accordance with law, respecting human dignity in all cases. Any health inspections carried out in accordance
p.(None): with law shall be performed only after notice from the officials* ordering or carrying it out.
p.(None):
p.(None): Article 48: The secrecy and inviolability of private communications in all forms are guaranteed. The same
p.(None): may not be interfered with except by order of a competent court,
p.(None):
p.(None): with observance of applicable provisions of law and preserving the secrecy of the private issues unrelated to the
p.(None): pertinent proceedings.
p.(None):
p.(None): Article 49: All judicial and administrative actions shall be subject to due process, therefore:
p.(None):
p.(None): (1) Legal assistance and defense are inviolable rights at all stages and levels during the investigation and
p.(None): proceeding. Every person has the right to be notified of the charges for which he or she is being investigated, to have
p.(None): access to the evidence and to be afforded the necessary time and means to conduct his or her defense. Any
p.(None): evidence obtained in violation of due process shall be null and void. Any person declared guilty shall have the right
p.(None): to appeal, except in the cases established by this Constitution and by the law.
p.(None):
p.(None): (2) Any person shall be presumed innocent until proven otherwise.
p.(None):
p.(None): (3) Every person has the right to be heard in proceedings of any kind, with all due guarantees and within such
...
p.(None): mandatory assessments paid by employees to cover medical and health care services and other Social
p.(None): Security benefits shall be administered only for social purposes, under the guidance of the State. Any net
p.(None): remaining balances of capital allocated to health, education and Social Security shall be accumulated for distribution
p.(None): and contribution to those services. The Social Security system shall be ruled by a special organic law.
p.(None):
p.(None): Article 87: All persons have the right and duty to work. The State guarantees the adoption of the
p.(None): necessary measures so that every person shall be able to obtain productive work providing him or her with a dignified
p.(None): and decorous living and guarantee him or her the full exercise of this right. It is an objective of the
p.(None): State to promote employment. Measures tending to guarantee the exercise of the labor rights of self employed persons
p.(None): shall be adopted by law. Freedom to work shall be subject only to such restrictions as may be established by law.
p.(None): Every employer* shall guarantee employees* adequate safety, hygienic and environmental conditions on the job.
p.(None): The State shall adopt measures and create institutions such as to make it possible to control and promote these
p.(None): conditions.
p.(None):
p.(None): Article 88: The State guarantees the equality and equitable treatment of men and women in the exercise of the right to
p.(None): work. The state recognizes work at home as an economic activity that creates added value and produces social welfare
p.(None): and wealth. Housewives are entitled to Social Security in accordance with law.
p.(None):
p.(None): Article 89: Work is a social fact and shall enjoy the protection of the State. The law shall make the necessary
p.(None): provisions for improving the material, moral and intellectual conditions of workers*. In order to fulfill
p.(None): this duty of the State, the following principles are established:
p.(None):
p.(None): (1) No law shall establish provisions that affect the intactness and progressive nature of labor rights and
p.(None): benefits. In labor relations, reality shall prevail over forms or appearances.
p.(None):
p.(None): (2) Labor rights are unrenounceable; any action, agreement or convention involving a waiver of or encroachment upon
p.(None): these rights is null and void. Concessions and settlements are possible only at the end of the
p.(None): employment relationship, in accordance with the requirements established by law.
p.(None):
p.(None): (3) When there are doubts concerning application or conflicts among several rules, or in the
p.(None): interpretation of a particular rule, that most favorable to the worker shall be applied. The rule applied must be
p.(None): applied in its entirety.
p.(None):
p.(None): (4) Any measure or act on the part of an employer in violation of this Constitution is null and void, and
p.(None): of no effect.
p.(None):
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p.(None): forerunners and founders of a free and sovereign nation; to the supreme end of reshaping the Republic to
p.(None): establish a democratic, participatory and self-reliant, multiethnic and multicultural society in a just, federal and
p.(None): decentralized State that embodies the values of freedom, independence, peace, solidarity, the common good, the nation's
p.(None): territorial integrity, comity and the rule of law for this and future generations; guarantees the right to life, work,
p.(None): learning, education, social justice and equality, without discrimination or subordination of any kind;
p.(None): promotes peaceful cooperation among nations and furthers and strengthens Latin American integration in
p.(None): accordance with the principle of nonintervention and national self-determination of the people, the universal and
p.(None): indivisible guarantee of human rights, the democratization of imitational society, nuclear disarmament, ecological
p.(None): balance and environmental resources as the common and inalienable heritage of humanity; exercising their
p.(None): innate power through their representatives comprising the National Constituent Assembly, by their freely cast
p.(None): vote and in a democratic Referendum, hereby ordain the following:
p.(None):
p.(None): CONSTITUTION TITLE 1
p.(None): FUNDAMENTAL PRINCIPLES
p.(None):
p.(None): Article 1: The Bolivarian Republic of Venezuela is irrevocably free and independent, basing its moral
p.(None): property and values of freedom, equality, justice and international peace on the doctrine of Simon Bolivar, the
p.(None): Liberator. Independence, liberty, sovereignty, immunity, territorial integrity and national self-determination are
p.(None): unrenounceable rights of the Nation.
p.(None):
p.(None): Article 2: Venezuela constitutes itself as a Democratic and Social State of Law and Justice, which holds
p.(None): as superior values of its legal order and actions those of life, liberty, justice, equality, solidarity,
p.(None): democracy, social responsibility and, in general, the preeminence of human rights, ethics and political
p.(None): pluralism.
p.(None):
p.(None): Article 3: The essential purposes of the State are the protection and development of the individual and respect for the
p.(None): dignity of the individual, the democratic exercise of the will of the people, the building of a just and peace
p.(None): loving society, the furtherance of the prosperity and welfare of the people and the guaranteeing of the
p.(None): Fulfillment of the
p.(None):
p.(None): principles, rights and duties established in this Constitution. Education and work are the fundamental processes for
...
p.(None):
p.(None): Article 11: The full sovereignty of the Republic is exercised on the continental, and insular spaces, lake
p.(None): and river spaces, territorial sea, historic, vital and inland sea areas, and those lying within such straight baselines
p.(None): as have been adopted or may come to be adopted by the Republic; seabed and under the seabed of the
p.(None): aforementioned; the continental, insular and maritime air space and the resources located within
p.(None): the
p.(None):
p.(None): aforementioned spaces, including genetic resources, migratory species, derived products and any intangible
p.(None): components that may be present within the aforementioned spaces because of natural causes. The insular space of
p.(None): the Republic includes the Archipelago of Los Monjes, Las Aves, Los Roques, La Orchila, La Tortuga, La
p.(None): Blanquilla, Los Hermanos, islands of Margarita, Cubagua and Coche, Los Frailes, La Sola Island, Los
p.(None): Testigos Archipelago, Patos Island and Aves Island, as well as the islands, islets, keys and banks located or coming in
p.(None): the future to emerge from the territorial sea, that covering the continental shelf or that lying within the limits of
p.(None): the exclusive economic zone. As to the water spaces consisting of the contiguous maritime zone, the continental sheaf
p.(None): and the exclusive economic zone, the Republic exercises exclusive rights of sovereignty and jurisdiction on
p.(None): such terms, to such extent and subject to such conditions as may be determined by public international law
p.(None): and national law. The Republic has rights in outer space and in those areas which are or may be the Common
p.(None): Property of Humanity, on such terms, to such extent and subject to such conditions as may be determined by public
p.(None): international agreements and by the national legislation.
p.(None):
p.(None): Article 12: Mineral and hydrocarbon deposits of any nature that exist within the territory of the nation, beneath the
p.(None): territorial sea bed, within the exclusive economic zone and on the continental shelf, are the property of the Republic,
p.(None): are of public domain, and therefore inalienable and not transferable. The seacoasts are public domain property.
p.(None):
p.(None): Article 13: The territory shall never be assigned, transferred, leased or in any manner whatsoever
p.(None): conveyed, even temporarily or partially, to foreign States or other international law subjects. The
p.(None): geographical space of Venezuela is an area of peace. No foreign military bases or facilities having purposes that are
p.(None): in any way military shall be established within such space by any power or coalition of powers. Foreign
p.(None): States or other international law subjects shall be permitted to acquire real property only for the quarters of
p.(None): their diplomatic or consular delegations, within such area as may be determined and subject to guarantees
p.(None): of reciprocity, with such limitations as may be established by law. In all such cases, national sovereignty
p.(None): shall remain intact. There shall be no conveyance of title to vacant land existing within the federal dependencies and
p.(None): on islands in rivers and lakes, and the right to use the same shall be granted only in a manner that does not involve,
p.(None): directly or indirectly, the transfer of title to the land.
p.(None):
p.(None): Article 14: The law shall establish a special legal regime for those territories which, by the freely adopted
p.(None): decision of their inhabitants and with the approval of the National Assembly, come to be incorporated into
p.(None): the territory of the Republic.
p.(None):
p.(None): Article 15: The State is responsible for establishing an overall policy in land, insular and maritime border areas,
p.(None): preserving the territorial integrity, sovereignty, security, defense, national identity, diversity and environment
p.(None): in accordance with cultural, economic and social development and integration. Taking into account the
p.(None): inherent nature of each border region through special financial allocations, an Organic Law on Borders
p.(None): shall determine the obligations and objectives comprising this responsibility.
p.(None):
p.(None): Chapter 11
p.(None):
p.(None): Political Division
p.(None):
...
p.(None):
p.(None): Article 62: All citizens* have the right to participate freely in public affairs, either directly or
p.(None): through their elected* representatives. The participation of the people in forming, carrying out and
p.(None): controlling the management of public affairs is the necessary way of achieving the involvement to ensure their complete
p.(None): development, both individual and collective. It is the obligation of the State and the duty of society to
p.(None): facilitate the generation of optimum conditions for putting this into practice.
p.(None):
p.(None): Article 63: Suffrage is a right. lt. shall be exercised through free, universal, direct and secret elections. The law
p.(None): shall guarantee the principle of personalization of suffrage and proportional representation.
p.(None):
p.(None): Article 64: All Venezuelans* who have reached the age of 18 and are not subject to political
p.(None): disablement or civil interdiction are qualified to vote. In state, municipal and parish elections, the
p.(None): right to vote shall be extended to foreign nationals* who have reached the age of 18 and have resided in
p.(None): Venezuela for more than ten years, subject to the limitations established in this Constitution and by law, and
p.(None): provided they are not subject to political disablement or civil interdiction.
p.(None):
p.(None): Article 65: Persons who have been convicted* of crimes committed while holding office or other offenses against public
p.(None): property, shall be ineligible to run for any office filled by popular vote, for such period as may be prescribed by law
p.(None): after serving their sentences, depending on the seriousness of the offense.
p.(None):
p.(None): Article 66: Voters have the right to obtain from their public representatives, transparent and periodic accounting for
p.(None): their office, in accordance with the offered program.
p.(None):
p.(None): Article 67: All citizens* have the right of association for political purposes, through democratic methods
p.(None): of organization, operation and direction. Their governing organs and candidates* for offices filled by popular vote,
p.(None): shall be selected* by internal elections with participation of their members. No financing of associations for
p.(None): political purposes with State funds shall be permitted. Matters relating to the financing of and
p.(None): private contributions to associations for political purposes shall be regulated by law, as shall the oversight
p.(None): mechanisms to guarantee propriety as to the sources and handling of such funds. Law shall regulate as well,
p.(None): political and election campaigns, the duration thereof and spending limits with a view pursuing its
p.(None): democratization. Citizens*, on their own initiative, and associations for political purposes, shall be
p.(None): entitled to participate in the electoral process, putting forward candidates*. The financing of political
...
p.(None): with meager resources, the possibility of access to social policies and credit for the construction,
p.(None): purchase or enlargement of dwellings.
p.(None):
p.(None): Article 83: Health is a fundamental social right and the responsibility of the State, which shall guarantee it as part
p.(None): of the right to life. The State shall promote and develop policies oriented toward improving the quality of life,
p.(None): common welfare and access to services. All persons have the right to protection of health, as well as the duty to
p.(None): participate actively in the furtherance and protection of the same, and to comply with such health and hygiene measures
p.(None): as may be established by law, and in accordance with international conventions and treaties signed and ratified by the
p.(None): Republic.
p.(None):
p.(None): Article 84: In order to guarantee the right to health, the State creates, exercises guidance over and administers a
p.(None): national public health system that crosses sector boundaries, and is decentralized and participatory in nature,
p.(None): integrated with the social security system and governed by the principles of gratuity, universality,
p.(None): completeness, fairness, social integration and solidarity. The public health system gives priority to
p.(None): promoting health and preventing disease, guaranteeing prompt treatment and quality rehabilitation. Public health
p.(None): assets and services are the property of the State and shall not be privatized. The
p.(None):
p.(None): organized community has the right and duty to participate in the making of decisions concerning policy
p.(None): planning, implementation and control at public health institutions.
p.(None):
p.(None): Article 85: Financing of the public health system is the responsibility of the State, which shall integrate the
p.(None): revenue resources, mandatory Social Security contributions and any other sources of financing provided for by
p.(None): law. The State guarantees a health budget such as to make possible the attainment of health policy objectives.
p.(None): In coordination with universities and research centers, a national professional and technical training policy and a
p.(None): national industry to produce health care supplies shall be promoted and developed. The State shall regulate both
p.(None): public and private health care institutions. Article 86: All persons are entitled to Social Security as a
p.(None): nonprofit public service to guarantee health and protection in contingencies of maternity, fatherhood, illness,
p.(None): invalidity, catastrophic illness, disability, special needs, occupational risks, loss of employment, unemployment, old
p.(None): age, widowhood, loss of parents, housing, burdens deriving from family life, and any other social welfare
...
p.(None): the benefits deriving from union freedom for their personal gain or benefit shall be punished in
p.(None): accordance with law. Boards of directors members* of union organizations shall be required to file a sworn
p.(None): statement of assets.
p.(None):
p.(None): Article 96: All employees* in both public and the private sector have the right to voluntary collective
p.(None): bargaining and to enter into collective bargaining agreements, subject only to such restrictions as may be
p.(None): established by law. The State guarantees this process, and shall establish appropriate provisions to encourage
p.(None): collective relations and the resolution of labor conflicts. Collective bargaining agreements cover all
p.(None): workers* who are active* as of the time they are signed, and those hired thereafter.
p.(None):
p.(None): Article 97: All workers in the public and private sector have the right to strike, subject to such conditions as may be
p.(None): established by law.
p.(None):
p.(None): Chapter VI
p.(None): Culture and Educational Rights
p.(None):
p.(None): Article 98: Cultural creation is free. This freedom includes the right to invest in, produce and disseminate the
p.(None): creative, scientific, technical and humanistic work, as well as legal protection of the author's* rights in his
p.(None): works. The State recognizes and protects
p.(None):
p.(None): intellectual property rights in scientific, literary and artistic works, inventions, innovations,
p.(None): trade names, patents, trademarks and slogans, in accordance with the conditions and exceptions established by
p.(None): law and the international treaties executed and ratified by the Republic in this field.
p.(None):
p.(None): Article 99: Cultural values are the unrenounceable property of the Venezuelan people and a fundamental right
p.(None): to be encouraged and guaranteed by the State, efforts being made to provide the necessary conditions, legal
p.(None): instruments, means and funding. The autonomy of the public administration of culture is recognized, on such terms as
p.(None): may be established by law. The State guarantees the protection and preservation, enrichment, conservation and
p.(None): restoration of the cultural tangible and intangible heritage and the historic memories of the nation. The assets
p.(None): constituting the cultural heritage of the nation are inalienable, not subject to distrait or to statute of
p.(None): limitations. Penalties and sanctions for damage caused to these assets shall be provided for by law.
p.(None):
p.(None): Article 100: The folk cultures comprising the national identity of Venezuela enjoy special attention, with
p.(None): recognition of and respect for intercultural relations under the principle of equality of cultures. Incentives
p.(None): and inducements shall be provided for by law for persons, institutions and communities which promote, support,
p.(None): develop or finance cultural plans, programs and activities within the country and Venezuelan culture abroad. The
p.(None): State guarantees cultural workers inclusion in the Social security system to provide them with a dignified life,
...
p.(None): as in informal civil education. Spanish, Venezuelan geography and history and the principles of the Bolivarian
p.(None): thought shall be compulsory courses at public and private institutions up to the diversified cycle level.
p.(None):
p.(None): Article 108: The communications media, public and private, shall contribute to civil education. The State
p.(None): guarantees public radio and television services and library and computer networks, with a view to permitting
p.(None): universal access to information. Education centers are to incorporate knowledge and application of new
p.(None): technologies and the resulting innovations, in accordance with such requirements as may be established by law to this
p.(None): end.
p.(None):
p.(None): Article 109: The State shall recognize the autonomy of universities as a principle and status that
p.(None): allows teachers*, students* and graduates from its community, to devote themselves to the search for
p.(None): knowledge through research in the fields of science, humanistic and technology, for the spiritual
p.(None): and material benefit of the Nation. Autonomous universities shall adopt their own rules for their governance
p.(None): and operation and the efficient management of their property, under such control and vigilance as may be established by
p.(None): law to this end. Autonomy of universities is established in the planning, organization, preparation and updating of
p.(None): research, teaching and extension programs. The inviolability of the university campus is established.
p.(None): Experimental national universities shall attain their autonomy in accordance with law.
p.(None):
p.(None): Article 110: The State recognizes as being in the public interest science, technology, knowledge,
p.(None): innovation and the resulting applications, and the necessary information services, the same being fundamental
p.(None): instruments for the country's economic, social and political development, as well as for national sovereignty and
p.(None): security. To promote and develop these activities, the State shall allocate sufficient resources and shall
p.(None): create a national science and technology system in accordance with law. The private sector shall contribute with
p.(None): resources as well. The State shall guarantee the enforcement of the ethical and legal principles that are to
p.(None): govern research activities in science, humanism and technology. The manners and means of fulfilling this
p.(None): guarantee shall be determined by law.
p.(None):
p.(None): Article 111: All persons have a right to sports and recreation as activities beneficial to individual and collective
p.(None): quality of life. The State assumes responsibility for sports and recreation as an education and public health policy,
...
p.(None): the production of goods and services that meet the needs of the populace, freedom of work, enterprise, commerce,
p.(None): industry, without prejudice to the power of the State to promulgate
p.(None):
p.(None): measures to plan, rationalize and regulate the economy and promote the overall development of the
p.(None): country.
p.(None):
p.(None): Article 113: Monopolies shall not be permitted. Any act, activity, conduct or agreement of private individuals*
p.(None): which is intended to establish a monopoly or which leads by reason of its actual effects to the existence of
p.(None): a monopoly, regardless of the intentions of the persons involved, and whatever the form it actually takes, is hereby
p.(None): declared contrary to the fundamental principles of this Constitution. Also contrary to such principles is
p.(None): abuse of a position of dominance which a private individual, a group of individuals or a business enterprise or group
p.(None): of enterprises acquires or has acquired in a given market of goods or services, regardless of what factors caused such
p.(None): position of dominance, as well as in the event of a concentration of demand. In all of the cases indicated, the State
p.(None): shall be required to adopt such measures as may be necessary to prevent the harmful and restrictive
p.(None): effects of monopoly, abuse of a position of dominance and a concentration of demand, with the purpose of
p.(None): protecting consumers and producers* and ensuring the existence of genuine competitive conditions in
p.(None): the economy. In the case of the exploitation of natural resources which are the property of the Nation or
p.(None): the providing of services of a public nature, on an exclusive basis or otherwise, the State shall grant
p.(None): concessions for a certain period, in all cases ensuring the existence of adequate consideration or
p.(None): compensation to serve the public interest.
p.(None):
p.(None): Article 114: Economic crime, speculation, hoarding, usury, the formation of cartels and other related offenses, shall
p.(None): be punished severely in accordance with law.
p.(None):
p.(None): Article 115: The right of property is guaranteed. Every person has the right to the use, enjoyment, usufruct and
p.(None): disposal of his or her goods. Property shall be subject to such contributions, restrictions and obligations as may be
p.(None): established by law in the service of the public or general interest. Only for reasons of public benefit or social
p.(None): interest by final judgment, with timely payment of fair compensation, the expropriation of any kind of
p.(None): property may be declared.
p.(None):
p.(None): Article 116: Confiscation of property shall not be ordered and carried out, but in the cases permitted by
p.(None): this Constitution. As an exceptional measure, the property of natural or legal persons of Venezuelan or foreign
p.(None): nationality who are responsible for crimes committed against public patrimony may be subject to
p.(None): confiscation, as may be the property of those who illicitly enriched themselves under cover of Public
p.(None): Power, and property deriving from business, financial or any other activities connected with unlawful trafficking in
p.(None): psychotropic and narcotic substances.
p.(None):
p.(None): Article 117: All persons shall have the right of access to goods and services of good quality, as well
p.(None): as to adequate and non-misleading information concerning the contents and characteristics of the products and services
p.(None): they consume, to freedom of choice and to fair and dignified treatment. The mechanisms necessary to guarantee these
p.(None): rights, the standards of quality and quantity for goods and services, consumer protection procedures, compensation for
p.(None): damages caused and appropriate penalties for the violation of these rights shall be established by law.
p.(None):
p.(None):
p.(None): Article 118: The right of workers and the community to develop associations of social and participative nature such
p.(None): as cooperatives, savings funds, mutual funds and other forms of association is recognized. These associations
p.(None): may develop any kind of economic activities in accordance with the law. The law shall recognize the
p.(None): specificity of these organizations, especially those relating the cooperative, the associated work and the
p.(None): generation of collective benefits. The state shall promote and protect these associations destined to improve the
p.(None): popular economic alternative.
p.(None):
p.(None): Chapter VIII
p.(None): Rights of Native People
p.(None):
...
p.(None): an education system of an intercultural and bilingual nature, taking into account their special social and cultural
p.(None): characteristics, values and traditions.
p.(None):
p.(None): Article 122: Native peoples have the right to a full health system that takes into consideration their
p.(None): practices and cultures. The State shall recognize their traditional medicine and supplementary forms of
p.(None): therapy, subject to principles of bioethics.
p.(None):
p.(None): Article 123: Native peoples have the right to maintain and promote their own economic practices based on
p.(None): reciprocity, solidarity and exchange; their traditional productive activities and their participation in the
p.(None): national economy, and to define their priorities. Native peoples have the right to professional training services
p.(None): and to participate in the preparation, implementation and management of specific training programs and technical and
p.(None): financial assistance services to strengthen their economic activities within the framework of sustainable
p.(None): local development. The State shall guarantee to workers belonging to native peoples the enjoyment of the rights
p.(None): granted under labor legislation.
p.(None):
p.(None):
p.(None): Article 124: Collective intellectual property rights in the knowledge, technologies and innovations of
p.(None): native peoples are guaranteed and protected. Any activity relating to genetic resources and the knowledge
p.(None): associated with the same, shall pursue collective benefits. The registry of patents on this ancestral
p.(None): knowledge and these resources is prohibited.
p.(None):
p.(None): Article 125: Native peoples have the right to participate in politics. The State shall guarantee native
p.(None): representation in the National Assembly and the deliberating organs of federal and local entities with a native
p.(None): population, in accordance with law.
p.(None): Article 126: Native peoples, as cultures with ancestral roots, are part of the Nation, the State and the Venezuelan
p.(None): people, which is one, sovereign and indivisible. In accordance with this Constitution, they have the duty of
p.(None): safeguarding the integrity and sovereignty of the nation. The term people in this Constitution shall in no way be
p.(None): interpreted with the implication it is imputed in international law.
p.(None):
p.(None): Chapter IX
p.(None): Environmental Rights
p.(None):
p.(None): Article 127: It is the right and duty of each generation to protect and maintain the environment for
p.(None): its own benefit and that of the world of the future. Everyone has the right, individually and
...
p.(None): incumbent upon private individuals according to their abilities. Appropriate provisions shall be enacted by law to
p.(None): compel the Fulfillment of these obligations in those cases in which such compulsion is necessary. Those
p.(None): aspiring to practice any profession have a duty to perform community service for such period, in such place and on such
p.(None): terms as may be provided for by law.
p.(None):
p.(None): TITLE IV PUBLIC POWER
p.(None): Chapter 1
p.(None): Fundamental Provisions
p.(None): Section One: General Provisions
p.(None):
p.(None): Article 136: Public Power is distributed among Municipal Power, that of the States Power and National
p.(None): Power. National Public Power is divided into Legislative, Executive, Judicial, Citizen and Electoral. Each of the
p.(None): branches of Public Power has its own functions, but the organs charged with exercising the same shall
p.(None): cooperate with one another in attaining the ends of the State.
p.(None):
p.(None): Article 137: The Constitution and the law shall define the authorities of the organs, which exercise
p.(None): Public Power, and the activities carried on by such organs shall be subject to the same.
p.(None):
p.(None): Article 138: An usurped authority is of no effect, and its acts are null and void.
p.(None):
p.(None): Article 139: The exercise of Public Power gives rise to individual liability for abuse or misapplication of power, or
p.(None): for violation of this Constitution or the law.
p.(None):
p.(None): Article 140: The State shall be financially liable for any damages suffered by private individuals to
p.(None): any of their property or rights, provided the harm is imputable to the functioning of Public
p.(None): Administration.
p.(None):
p.(None): Section Two: Public Administration
p.(None):
p.(None): Article 141: Public Administration is at the service of the citizen* and is based on the principles of honesty,
p.(None): participation, expeditiousness, efficacy, efficiency, transparency, accountability and responsibility in the
p.(None): performance of public functions, being fully subject to the law and to the right.
p.(None):
p.(None): Article 142: Autonomous institutions can be created only by law. Such institutions, as well as public interests in
p.(None): foundations or organs of any nature, shall be subject to State Control in such form as may be established by law.
p.(None):
p.(None): Article 143: Citizens* have the right to be informed by Public Administration, in a timely and truthful
p.(None): manner, of the status of proceedings in which they have a direct interest, and to be apprised of any final
p.(None): decisions adopted in the matter. Likewise, they have access to administrative files and records, without prejudice to
p.(None): the limits acceptable in a democratic society in matters relating to internal and external security,
p.(None): criminal, investigation and the intimacy of private life, in accordance with law regulating the matter of
p.(None): classification of documents with contents which are confidential or secret. No censorship of public officials*
p.(None): reporting on matters for which they are responsible shall be permitted.
p.(None):
p.(None): Section Three: Public Functions
p.(None):
...
p.(None): (23) National policy and legislation in the fields of health, housing, food safety, the environment, waters, tourism,
p.(None): zoning and shipping.
p.(None):
p.(None): (24) National education and health policies and services.
p.(None):
p.(None): (25) National policies for agricultural, livestock, fisheries and forest production.
p.(None):
p.(None): (26) The national transportation and shipping system and air, overland, ocean, river and lake transportation
p.(None): of a national nature; ports, airports and their infrastructure.
p.(None):
p.(None): (27) The national highway and railway systems.
p.(None):
p.(None): (28) Governance of postal and telecommunications services, as well as governance and management of the
p.(None): electromagnetic spectrum.
p.(None):
p.(None): (29) General governance of residential public utility services, including in particular electricity, drinking water and
p.(None): gas.
p.(None):
p.(None): (30) Management of border policy with an overall vision of the country, such as to permit a Venezuelan presence and the
p.(None): maintenance of territory and sovereignty in these areas.
p.(None):
p.(None): (31) The organization and administration of justice at the national level, as well as the Office of General Prosecutor
p.(None): and the People Defender.
p.(None):
p.(None): (32) Legislation in the fields of constitutional guarantees, rights and duties; civil, mercantile,
p.(None): criminal, penological, procedural and private international law; election law; expropriation in the public
p.(None): interest or in the interest of society; public credit; intellectual, artistic and industrial property;
p.(None): cultural and archaeological heritage; agriculture; immigration and population; native people and the
p.(None): territories they occupy; labor, Welfare and Social Security; animal and vegetable hygiene; notarial and public
p.(None): record offices; banks and insurance; lotteries, racetracks and betting in general; organization and functioning of the
p.(None): organs of National Public Power and other organs and institutions at the national level; and all matters of
p.(None): national competence in general.
p.(None):
p.(None): (33) Any other matters which the present Constitution may assign to National Public Power, or which by
p.(None): their nature or type come under its competence.
p.(None):
p.(None): Article 157: The National Assembly, by a majority vote of its members, shall have the power to delegate to the
p.(None): States or Municipalities certain matters under national competence, in order to promote decentralization.
p.(None): Article 158: Decentralization, as a national policy, must add depth to democracy, bring power closer to the people
p.(None): and creating optimum conditions both for the exercise of democracy and for the effective and efficient
p.(None): Fulfillment of government commitments.
p.(None): Chapter 111
p.(None): State Public Power
p.(None): Article 159: The States are politically equal and autonomous organs with full juridical personality, and are obligated
p.(None): to maintain the independence, sovereignty and integrity of the nation and to comply with and enforce the Constitution
...
p.(None): airports in commercial use, in coordination with the National Executive.
p.(None):
p.(None): (11) Any matters not placed, in accordance with this Constitution, under national or municipal jurisdiction.
p.(None):
p.(None): Article 165: Matters involving concurrent competence shall be regulated by laws enacted by National Power and
p.(None): implementation laws passed by the States. This legislation shall be guided by the principles of
p.(None): interdependence, coordination, cooperation, shared responsibility and subordination. The States shall
p.(None): decentralize and transfer to the Municipalities the state services and powers which the Municipalities are
p.(None): capable of exercising, as well as management of the associated resources, in the areas in which
p.(None): concurrent jurisdiction exist as between these two levels of Public Power. The transfer mechanisms shall be regulated
p.(None): by the legal system of the State concerned.
p.(None):
p.(None): Article 166: In each state, a Public Policy Planning and Coordination Council shall be created, chaired by the
p.(None): Governor* and having as members the Mayors*, the state directors* of the various ministries and representative
p.(None): s of the legislators* elected by the State to the National Assembly, as well as representatives from the Legislative
p.(None): Council, the municipal councils* and organized communities, including native communities where they exist. This Council
p.(None): shall function and be organized as determined by law.
p.(None):
p.(None): Article 167: Are revenues of the States:
p.(None):
p.(None):
p.(None): (1) Those deriving from their property and the management of their assets.
p.(None):
p.(None): (2) Charges for the use of their goods and services, fines and penalties, and any charges allocated to
p.(None): them.
p.(None):
p.(None): (3) Proceeds from the sale of State-owned commodities.
p.(None):
p.(None): (4) The resources to which they are entitled by virtue of constitutional revenue share (situado
p.(None): constitutional).
p.(None):
p.(None): The revenue share is equivalent to up to 20% of total ordinary revenues as estimated annually by the
p.(None): National Treasure, which is to be distributed among the States and the Capital District as follows: 30% of the
p.(None): aforementioned percentage in equal shares, and the remaining 70% in proportion to the population of each of such
p.(None): entities. During each fiscal year, the States must invest at least 50% of the amount to which they are entitled by way
p.(None): of revenue share. During each fiscal year, the Municipalities of each State shall be entitled to at least 20% of
p.(None): the revenue share and of all other ordinary revenues of the State corresponding.
p.(None):
p.(None): (1) In the event of changes in the revenues of the National Treasury that require an adjustment to the National
p.(None): Budget, the constitutional revenue share shall be adjusted in the same proportion.
p.(None):
p.(None): (2) Principles, rules and procedures with a view to ensure the proper and efficient use of the resources deriving
p.(None): from the constitutional revenue share and the share of the Municipalities therein shall be established by
p.(None): law.
p.(None):
p.(None): (3) Any other taxes, charges and special contributions that may be allocated to them by national law for the
...
p.(None): legislation enacted to implement constitutional principles relating to the organization of Municipalities shall
p.(None): establish the premises and conditions for the creation of other local entities within the territory of the
p.(None): Municipality, as well as the resources that shall be available to them, depending on the functions assigned
p.(None): to them, including their share in the Municipality's own revenues. Their creation shall take into account
p.(None): neighborhood or community initiative, in order to provide for the decentralization of the
p.(None): administration of the Municipality, citizen participation and the providing of better public services. In no
p.(None): event shall parishes be assumed to be the only possible divisions, or to be required divisions, of the territory of a
p.(None): Municipality.
p.(None):
p.(None): Article 174: The Mayor* shall be in charge of the government and administration of a municipality, and shall also
p.(None): be the head of civil government. A Mayor* must be Venezuelan, over the age of 25 and not a member of
p.(None): the clergy. The Mayor* shall be elected for a term of four years by majority vote, and may be re elected immediately
p.(None): and once only, to an additional term.
p.(None):
p.(None): Article 175: The legislative function in a Municipality is vested in the Council, made up of council members*
p.(None): elected in the manner established in this Constitution, in such number and on such terms of eligibility as may
p.(None): be determined by law.
p.(None):
p.(None): Article 176: The Office of the Municipal Comptroller shall be in charge of control, vigilance and
p.(None): auditing of municipal revenues, expenses and property, as well as transactions relating to the same,
p.(None): without prejudice to the scope of the attributions of the Office of the General Comptroller, and the official in
p.(None): charge of the office shall be the Municipal Comptroller*, designated by the Council through a public
p.(None): competition to guarantee the capability and ability of the person designated* to hold this office, on the terms
p.(None): established by law.
p.(None):
p.(None): Article 177: Principles, residence requirements and conditions, prohibitions, grounds for disqualification and
p.(None): conflicts of interest for the candidacy and exercise of the functions of mayors and councilmen members* may be
p.(None): established by national law.
p.(None):
p.(None): Article 178: A Municipality has competence to govern and administrate its interests, as well as over the management
p.(None): of those matters which are assigned to it by this Constitution and national laws as regards local
p.(None): life, in particular the ordering and promotion of economic and social development, the equipping
p.(None): and providing of household public utility services, the application of policy with respect to these matters
p.(None):
p.(None): on a basis of fairness, justice and social interest content, according with delegation established on law
p.(None): related to this matter, the promotion of participation and improvement, in general, of living conditions in the
p.(None): community, in the following areas:
p.(None):
p.(None): (1) Territorial zoning and city planning matters; historic heritage; housing in the interest of society; local tourism;
p.(None): parks and gardens; plazas; bathing and other recreational areas; civil architecture, nomenclature and public
p.(None): ornament.
p.(None):
p.(None): (2) Urban roadways; circulation and ordering of vehicular and pedestrian traffic on municipal thoroughfares;
p.(None): urban public passenger * transportation services.
p.(None):
p.(None): (3) Public spectacles and commercial advertising, to the extent pertinent to specific municipal interests and purposes.
p.(None):
p.(None): (4) Protection of the environment and cooperation with environmental sanitation efforts; urban and
p.(None): household sanitation, including cleaning, waste collection and treatment and civil protection.
p.(None):
p.(None): (5) Healthiness and primary health care; services for the protection of infants and children, adolescents and
p.(None): senior citizens; preschool education; family services to integrate the disabled into the development of the
p.(None): community; cultural and sports activities and facilities. Prevention and protective services; surveillance
p.(None): and control of property and activities relating to matters within municipal competency.
p.(None):
p.(None): (6) Drinking water services, electricity and gas for household use, sewers. channeling and disposal of wastewater;
p.(None): cemeteries and funeral services.
p.(None):
p.(None): (7) Small claims courts, neighborhood prevention and protection and municipal police services, in
p.(None): accordance with applicable national legislation.
p.(None):
p.(None): (8) Any others with which Municipalities may be charged under the Constitution and by law. The actions that
p.(None): Municipalities have the power to take within the scope of their competence are without prejudice to national and
p.(None): state competence as defined by law in accordance with the Constitution.
p.(None):
p.(None): Article 179: Municipalities shall have the following revenues:
p.(None):
p.(None): (1) Those deriving from their capital assets, including the proceeds from their common lands and other property.
p.(None):
p.(None): (2) Charges for the use of their goods or services; administrative charges for licenses or authorizations; taxes on
p.(None): economic activities in the areas of industry, business and services, or those of similar kind, with
p.(None): the limitations established in this Constitution; taxes on urban real property, vehicles, public shows, games and
p.(None): lawful wagering; advertising and commercial publicity; and, the special tax on increased property values
p.(None): generated by changes in use or intensity of exploitation from which they benefit because of zoning plans.
p.(None):
p.(None): (3) The rural territorial tax or tax on rural estates; sharing in the tax on improvements and other
p.(None): national and state taxes, in accordance with the laws creating such taxes.
p.(None):
p.(None): (4) Those deriving from the constitutional revenue share and other national or state transfers or
p.(None): subsidies.
p.(None):
p.(None): (5) The proceeds from fines and penalties imposed within the scope of their competence, or delegated to
p.(None): them.
p.(None):
p.(None): (6) Such others as may be determined by law.
p.(None):
p.(None): Article 180: The taxing power that is vested in Municipalities is different from and independent of the
p.(None): regulatory powers over certain fields or activities conferred by this Constitution or laws on National or
p.(None): State Authority. Immunities from the taxing power of Municipalities in favor of other territorial political entities
p.(None): extend only to public sector juridical persons created by such organs, and not to concession holders or other parties
p.(None): entering into contracts with the administrative arm of National or State government.
p.(None):
p.(None): Article 181: Municipal common lands are inalienable and not subject to the law of limitations. Title to
p.(None): them can be conveyed only subject to compliance with the formalities provided for under municipal ordinances and
p.(None): under the circumstances provided for thereunder, in accordance with this Constitution and such laws as may be
...
p.(None): have probative value on such terms as may be established by law.
p.(None):
p.(None): (4) To organize and promote citizen participation in matters within its competence.
p.(None):
p.(None): (5) To order amnesties.
p.(None):
p.(None): (6) To discuss and approve the national budget and any bill relating to the taxation system and to public credit.
p.(None):
p.(None): (7) To authorize appropriations in addition to the budget.
p.(None):
p.(None): (8) To approve the general guidelines for the national economic and social development plan to be submitted by
p.(None): the National Executive during the third quarter of the first year of each constitutional term.
p.(None):
p.(None): (9) To authorize the National Executive to enter into contracts in the national interest, in the cases
p.(None): established by law. To authorize contracts in the municipal, state and national public interest, with foreign
p.(None): States, or official entities or with companies not domiciled in Venezuela.
p.(None):
p.(None): (10) To vote resolutions of censure against the Executive Vice President* and Ministers*. A censure motion shall
p.(None): be debated only two days after being submitted to the Assembly, which shall have the power to decide by a three
p.(None): fifths vote that the censure shall include the removal from office of the Executive Vice-President* or the Minister*
p.(None): concerned.
p.(None):
p.(None): (11) To authorize the operation of Venezuelan military missions abroad or foreign military missions within the country.
p.(None):
p.(None): (12) To authorize the National Executive to dispose of nonpublic real property owned by the Nation, with such
p.(None): exceptions as may be established by law.
p.(None):
p.(None): (13) To authorize public officials* to accept positions, honors or rewards from foreign governments.
p.(None):
p.(None): (14) To authorize the appointment of the General Attorney of the Republic* and the Heads of
p.(None): Permanent Diplomatic Missions.
p.(None):
p.(None): (15) To confer the honors of the National Pantheon on illustrious Venezuelans* who have rendered
p.(None): eminent services to the Republic, after 25 years have elapsed since the death of such persons; this decision may be
p.(None): made upon a recommendation from the President* of the Republic, two thirds of the State Governors*, all of
p.(None): the rectors of the National Universities.
p.(None):
p.(None): (16) To tend that the interests and autonomy of the States are upheld.
p.(None):
p.(None): (17) To authorize the departure of the President* of the Republic from the territory of the Nation, when such
p.(None): absence is to last longer than five consecutive days.
p.(None):
p.(None): (18) To approve by law any international treaties or agreements entered into by the National Executive, with
p.(None): the exceptions set forth in the present Constitution.
p.(None):
p.(None): (19) To enact its own internal regulations and apply such sanctions as may be provided for thereunder.
p.(None):
p.(None): (20) To pass on the qualifications of its members and take notice of their resignation. The temporarily separation
p.(None): of a deputy* from his or her office, shall only be decided by a two thirds vote of those present.
p.(None):
...
p.(None):
p.(None): Article 243: The President* of the Republic shall have the power to appoint Ministers* of State, who, in addition
p.(None): to participating in the Cabinet of Ministers, shall advise the President* of the Republic and the
p.(None): Executive Vice President* concerning the matters assigned to them.
p.(None):
p.(None): Article 244: A Minister* is required to be of Venezuelan nationality and more than 25 years of age, with the
p.(None): exceptions established in this Constitution. Ministers* are responsible for their actions in accordance with this
p.(None): Constitution and in accordance with law, and shall submit to the National Assembly, within the first 60 days of each
p.(None): year, a
p.(None):
p.(None): sufficient and reasoned annual report on their stewardship during the past year, in accordance with law.
p.(None):
p.(None): Article 245: Ministers* have the right to speak before the National Assembly and the Committees thereof.
p.(None): They have the right to take part in debates in the National Assembly, without the right to vote.
p.(None):
p.(None): Article 246: The approbation of a vote of censure against a Minister* by at least a three fifths vote of the
p.(None): members* present in the National Assembly, shall result in the Minister's* removal from office. The removed
p.(None): official* shall be barred from serving as a Minister* or Executive Vice-President* for the remainder of that
p.(None): presidential term.
p.(None):
p.(None): Section Five:
p.(None): General Attorney of the Republic
p.(None):
p.(None): Article 247: The Office of the General Attorney of the Republic advises, defends and represents in and
p.(None): out of court the property interests of the Republic, and must be consulted for purposes of approval of
p.(None): contracts in the national public interest. The pertinent organic law shall determine the organization,
p.(None): competence and functioning of this office.
p.(None):
p.(None): Article 248: The Office of the General Attorney of the Republic shall be in the charge and under the direction of the
p.(None): General Attorney' of the Republic, with the assistance of other officials as determined by the pertinent organic law.
p.(None):
p.(None): Article 249: The General Attorney of the Republic must meet the same conditions required in order to
p.(None): serve as a justice of the Supreme Tribunal of Justice. Shall be appointed by the President* of the
p.(None): Republic, with the authorization of the National Assembly.
p.(None):
p.(None): Article 250: The General Attorney* of the Republic shall attend and have the right to speak at meetings of the
p.(None): Cabinet of Ministers.
p.(None):
p.(None): Section Six: Council of State
p.(None):
p.(None): Article 251: The Council of State is the highest consultative organ of the Government and the National Public
p.(None): Administration. It shall be charged with making policy recommendations in the national interest with
p.(None): regard to matters recognized by the President* of the Republic as being of particular importance and requiring
p.(None): the Council's opinion. The pertinent law shall determine its functions and powers.
p.(None):
p.(None): Article 252: The Council of State shall be presided over by the Executive Vice President*, and shall be
...
p.(None): applied with preference to measures that restrict freedom. The State shall create the essential institutions to
p.(None): provide post-penitentiary assistance for the reinsertion of the inmate* into society and shall encourage the creation
p.(None): of an autonomous penitentiary institution with personnel of an exclusively technical nature.
p.(None):
p.(None): Chapter IV
p.(None): Citizen Power
p.(None): Section One: General Provisions
p.(None):
p.(None): Article 273: Citizen Power is exercised by the Republican Ethics Council, consisting of the People Defender*, the
p.(None): General Prosecutor* and the General Comptroller of the Republic. The organs of Citizen Power are the People
p.(None): Defender's Office, the Office of Public Prosecutions and the Office of the General Comptroller of the Republic, one of
p.(None): whose heads shall be designated by the Republican Ethics Council as its Chairman for a one-year term of office, with
p.(None): the possibility of re-election. Citizen Power is independent
p.(None):
p.(None): and its organs enjoy operating, financial and administrative autonomy. To this end, from the general State budget it
p.(None): shall be allocated a variable annual budget appropriation. Its organization and operation shall be established by
p.(None): organic act. Article 274: The organs exercising Citizen Power are charged, in accordance with this Constitution and
p.(None): with the law, with preventing, investigating and punishing actions that undermine public ethics and
p.(None): administrative morals; to see to sound management and legality in the use of public property, and fulfillment and
p.(None): application of the principle of legality in all of the State's administrative activities, as well as to promote
p.(None): education as a process that helps create citizenship, together with solidarity, freedom, democracy, social
p.(None): responsibility and work.
p.(None):
p.(None): Article 275: The representatives of the Republican Ethic Council shall issue to the authorities or
p.(None): officials* of the National Public Administrative warnings as to breaches in the fulfillment of their legal duties.
p.(None): If these warnings are not heeded, the Republican Ethics Council shall have the power to impose the penalties
p.(None): established by law. In the event of contempt, the Chairman of the Republican Ethics Council shall submit a report to
p.(None): the organ or dependency to which the public official or employee concerned is attached, in order that such
p.(None): body or dependency to take the proper corrective action, in accordance to the case without prejudice to such
p.(None): penalties as may be applicable in accordance with law.
p.(None):
p.(None): Article 276: The Chairman* of the Republican Ethic Council and the heads of the organs comprising Citizen Power shall
p.(None): submit an annual report before a plenary session of the National Assembly. They shall likewise submit reports whenever
p.(None): asked by the National Assembly to do so. Both the regular and the special reports are to be published.
p.(None):
p.(None): Article 277: All officials* of the National Public Administrative are obligated, subject to such penalties as may be
...
p.(None):
p.(None): (4) To conduct on behalf of the State criminal prosecutions in those cases in which no initiative on the part of a
p.(None): party is required in order to initiate or continue such prosecution, with the exceptions established by law.
p.(None):
p.(None): (5) To file any appropriate actions to hold liable public officials* who have incurred civil, labor,
p.(None): military, criminal, administrative or disciplinary liability the course of their official duties.
p.(None):
p.(None): (6) Any other functions that may be assigned to this office by the Constitution and by law.
p.(None):
p.(None): These attributions do not discredit the exercise of any rights or actions to which private parties or other
p.(None): officials* may be entitled in accordance with this Constitution and the law.
p.(None):
p.(None): Article 286: Matters relating to the organization and functioning of the Office of Public Prosecutions at the
p.(None): municipal, state and national levels shall be determined by law, providing the appropriate measures to ensure
p.(None): the suitability, probity and stable tenure of the attorneys* of the Office of Public Prosecutions. Rules to
p.(None): guarantee the exercise of these functions by career personnel shall also be established by law.
p.(None):
p.(None): Section Four: Office of the General Comptroller of the Republic
p.(None):
p.(None): Article 287: The Office of the General Comptroller of the Republic is the organ that controls, watches
p.(None): and audits revenues, expenses, public and national property and transactions relating to the same. It enjoys
p.(None): operating, administrative and organizational
p.(None):
p.(None): autonomy, and concentrates its activities on functions relating to inspection of the organs and entities under its
p.(None): oversight.
p.(None):
p.(None): Article 288: The Office of the General Comptroller of the Republic shall be under the direction and responsibility of
p.(None): the General Comptroller* of the Republic, who must be Venezuelan*, over 30 years of age and possessed of
p.(None): proven ability and experience for purposes of performing the duties of the position. The General
p.(None): Comptroller* of the Republic shall be designated for a seven-year term.
p.(None):
p.(None): Article 289: The following are functions of the General Comptroller of the Republic:
p.(None):
p.(None): (1) To control, make vigilance and audit public revenues, expenses and property, as well as transactions
p.(None): relating to the same, without prejudice to the functions vested in other organs, in the case of the States
p.(None): and Municipalities, in accordance with law.
p.(None):
p.(None): (2) To control the public debt, without prejudice to the functions vested in other organs, in the case of the States
p.(None): and Municipalities, in accordance with law.
p.(None):
p.(None): (3) To inspect and audit the public-sector, organs, entities and juridical persons subject to his
p.(None): control, conduct audits, order the opening of investigations into irregularities against public patrimony, as
p.(None): well as order measures, raising objections and applying administrative penalties as appropriate, in accordance
p.(None): with law.
p.(None):
p.(None): (4) To call on the General Prosecutor* of the Republic to file the appropriate legal actions with regard to
p.(None): in actions and crimes committed against public patrimony, of which becomes aware in the course of performing
p.(None): his official functions.
p.(None):
p.(None): (5) To exercise operating control and evaluate compliance with and the results of the public policies
p.(None): and decisions of the public-sector organs, entities and juridical persons subject to his control, as
p.(None): regards their revenues, expenses and property.
p.(None):
p.(None): (6) Any other functions that may be vested in him by the Constitution and by law.
p.(None):
p.(None): Article 290: Matters relating to the organization and functioning of the Office of the General
p.(None): Comptroller of the Republic and the national tax control system shall be determined by law.
p.(None):
p.(None): Article 291: The Office of the General Comptroller of the Armed Forces is an integral part of the national control
p.(None): system. It shall be in charge of vigilance, control and auditing of public revenues, expenses and property allocated to
p.(None): the National Armed Forces and
p.(None):
p.(None): their dependencies, without prejudice to the scope and competence of the Office of the General Comptroller of the
p.(None): Republic. Its organization and functioning shall be determined by the pertinent law, and shall be
p.(None): under the responsibility of the General Comptroller* of the Armed Forces, who shall be designated by means of a
p.(None): competitive process.
p.(None):
p.(None): Chapter V
p.(None): Electoral Power
p.(None):
p.(None): Article 292: Electoral Power is exercised by the National Electoral Council as governing body, and by the latter's
p.(None): subordinate organs, the National Board of Elections, the Civil Status and Voter Registration Commission and the
p.(None): Commission on Political Participation and Financing, with organization and functioning as established under
p.(None): the pertinent organic law.
p.(None):
p.(None): Article 293: The following are functions of Electoral Power:
p.(None):
p.(None): (1) To regulate election laws and resolve any doubts and unregulated areas raised by or contained in such laws.
p.(None):
p.(None): (2) To prepare its budget, concerning which it shall handle directly with the National Assembly, and which it shall
p.(None): manage autonomously.
p.(None):
p.(None): (3) To issue binding directives in the field of political and electoral advertising and financing, and
p.(None): impose penalties when such directives are not abided by.
p.(None):
p.(None): (4) To declare elections null and void, either in whole or in part.
p.(None):
...
p.(None):
p.(None): Article 301: The State reserves to itself the use of trade policy to protect the economic activities of public and
p.(None): private Venezuelan enterprises. Business enterprises, organs or persons of foreign nationality shall not be
p.(None): granted with regimes more advantageous than those established for Venezuelan nationals. Foreign investment is
p.(None): subject to the same conditions as domestic investment.
p.(None):
p.(None): Article 302: The State reserves to itself, through the pertinent organic law, and for reasons of
p.(None): national expediency, the petroleum industry and other industries, operations and goods and services which
p.(None): are in the public interest and of a strategic nature. The State shall promote the domestic manufacture
p.(None): of raw materials deriving from the exploitation of nonrenewable natural resources, with a view to assimilating,
p.(None): creating and inventing technologies, generating employment and economic growth and creating wealth and
p.(None): well-being for the people.
p.(None):
p.(None): Article 303: For reasons of economic and political sovereignty and national strategy, the State shall retain all
p.(None): shares of Petroleos de Venezuela, S.A. or the organ created to manage the petroleum industry, with the
p.(None): exception of subsidiaries, strategic joint ventures, business enterprises and any other venture established or
p.(None): coming in the future to be established as a consequence of the carrying on of the business of Petroleos
p.(None): de Venezuela, S.A.
p.(None):
p.(None): Article 304: All waters are property in the Nation's public domain, essential to life and development. The necessary
p.(None): provisions shall be established by law to guarantee the protection, utilization, and recuperation thereof,
p.(None): respecting the phases of the hydrological cycle and zoning criteria.
p.(None):
p.(None): Article 305: The State shall promote sustainable agriculture as the strategic basis for overall rural
p.(None): development, and consequently shall guarantee the population a secure food supply, defined as the sufficient and stable
p.(None): availability of food within the national sphere and timely and uninterrupted access to the same for consumers.
p.(None): A secure food supply must be achieved by developing and prioritizing internal agricultural and livestock
p.(None): production, understood as production deriving from the activities of agriculture, livestock, fishing
p.(None): and aquiculture. Food production is in the national interest and is fundamental to the economic and social
p.(None): development of the Nation. To this end, the State shall promulgate such financial, commercial, technological
p.(None): transfer, land tenancy, infrastructure, manpower training and other measures as may be necessary to
p.(None): achieve strategic levels of self-sufficiency. In addition, it shall promote actions in the national and international
p.(None): economic context to compensate for the disadvantages inherent to agricultural activity. The State
p.(None): shall protect the settlement and communities of non industrialized fishermen*, as well as their fishing banks in
p.(None): continental waters and those close to the coastline, as defined by law.
p.(None):
p.(None): Article 306: The State shall promote conditions for overall rural development, for the purpose of
p.(None): generating employment and ensuring the rural population an adequate level of well-being, as well as their inclusion in
p.(None): national development. It shall likewise promote agricultural activity and optimum land use by providing infrastructure
p.(None): projects, supplies, loans, training services and technical assistance.
p.(None):
p.(None): Article 307: The predominance of large land estates is contrary to the interests of society. Appropriate tax law
p.(None): provisions shall be enacted to tax fallow lands and establish the necessary measures to transform
p.(None): them into productive economic units, likewise recovering arable land. Farmers and other agricultural
p.(None): producers are entitled to own land, in the cases and forms specified under the pertinent law. The State
p.(None): shall protect and promote associative and private forms of property in such manner as to guarantee
p.(None): agricultural production. The State shall see to the sustainable ordering of arable land to guarantee its food producing
p.(None): potential. In exceptional cases, quasi-tax contributions shall be created to provide funds for financing,
p.(None): research, technical assistance, transfer of technology and other activities that promote the productivity and
p.(None): competitiveness of the agricultural sector. These matters shall be appropriately regulated by law.
p.(None):
p.(None): Article 308: The State shall protect and promote small and medium-sized manufacturers, cooperatives, savings funds,
p.(None): family owned businesses, small businesses and any other form of community association for purposes of work,
p.(None): savings and consumption, under an arrangement of collective ownership, to strength the country's economic
p.(None): development, based on the initiative of the people. Training, technical assistance and appropriate financing
p.(None): shall be guaranteed.
p.(None):
p.(None): Article 309: Typical Venezuelan crafts and folk industries shall enjoy the special protection of the State,
p.(None): in order to preserve their authenticity, and they shall receive credit facilities to promote production and marketing.
p.(None):
p.(None): Article 310: Tourism is an economic activity in the national interest, and represents a high priority in
p.(None): the country's strategy of diversification and sustainable development. As part of the foundation of the
p.(None): socioeconomic regime contemplated by this Constitution, the State shall promulgate measures to guarantee the
...
p.(None):
p.(None): TITLE VII NATIONAL SECURITY
p.(None):
p.(None): Chapter 1
p.(None): General Provisions
p.(None):
p.(None): Article 322: National security is an essential competence and responsibility of the State, based on the overall
p.(None): development of the latter, and its defense is the responsibility of all Venezuelans, as well as of all public and
p.(None): private law natural and juridical persons within the geographical limits of Venezuela.
p.(None):
p.(None): Article 323: The National Defense Council is the highest consultative organ for planning and advising the Public Power
p.(None): as to matters relating to the overall defense of the Nation, its sovereignty and the integrity of its geographical
p.(None): space. To this end, it is also charged with establishing the Nation's strategic concept. Presided over by the
p.(None): President of the Republic*, it also includes the Executive Vice President*, the President of the National Assembly,
p.(None): the Chief Justice* of the Supreme Tribunal of Justice, the Chairman* of the Republican Ethic Council and the
p.(None): Ministers* of Defense, Internal Security, Foreign Relations and Planning, and any others whose participation may
p.(None): be deemed appropriate. The pertinent organic law shall determine the organization and attributions of the
p.(None): National Defense Council.
p.(None):
p.(None): Article 324: Only the State shall be permitted to possess and use weapons of war; any such weapons which now exist or
p.(None): are manufactured in or imported into the country shall become the property of the Republic, without compensation or
p.(None): proceedings. The National Armed Forces shall be the institution of competence to regulate and
p.(None): control, in accordance with the pertinent legislation, the manufacture, importing, exporting, storage, transit,
p.(None): registration, control, inspection, marketing, possession and use or other weapons, munitions and explosives.
p.(None):
p.(None): Article 325: The National Executive reserves the right to classify and control disclosure of matters directly
p.(None): relating to the planning and execution of operations concerning national security, on such terms as may be
p.(None): established by law.
p.(None):
p.(None): Chapter II
p.(None): Principles of National Security
p.(None):
p.(None): Article 326: National security is based on shared responsibility between the State and civil society to
p.(None): implement the principles of independence, democracy, equality, peace, freedom, justice, solidarity,
p.(None): promotion and conservation of the environment and
p.(None):
p.(None): affirmation of human rights, as well as on that of progressively meeting the individual and collective needs of
p.(None): Venezuelans*, based on a sustainable and productive development policy providing full coverage for the
p.(None): national community. The principle of shared responsibility applies to the economic, social, political,
p.(None): cultural, geographical, environmental and military spheres.
p.(None):
p.(None): Article 327: Attention to borders is a priority matter in the enforcement and application of national security
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p.(None): shall establish the territorial and political unit of the city of Caracas, incorporating into a two-tier system of
p.(None): municipal government the Municipalities of the Capital District and those of the State of Miranda. Such
p.(None): law shall provide for the organization, government, administration, competency as well as resources of the
p.(None): city, with a view to its harmonious overall development. In any case the law shall guarantee the democratic and
p.(None): participative character of its government.
p.(None):
p.(None): TITLE III
p.(None):
p.(None): DUTIES, HUMAN RIGHTS AND GUARANTEES
p.(None):
p.(None): Chapter 1
p.(None):
p.(None): General Provisions
p.(None):
p.(None): Article 19: The State shall guarantee to every individual, in accordance with the progressive principle
p.(None): and without discrimination of any kind, no renounceable, indivisible and interdependent enjoyment and
p.(None): exercise of human rights. Respect for and the guaranteeing of these rights is obligatory for the organs of
p.(None): Public Power, in accordance with the Constitution, the human rights treaties signed and ratified by the
p.(None): Republic and any laws developing the same.
p.(None):
p.(None): Article 20: Everyone has the right to the free development of his or her own personality, subject only to the
p.(None): limitations deriving from the rights of others and public and social order.
p.(None):
p.(None): Article 21: Al persons are equal before the law, and, consequently:
p.(None):
p.(None): 1. No discrimination based on race, sex, creed or social standing shall be permitted, nor, in general, any
p.(None): discrimination with the intent or effect of nullifying or encroaching upon the recognition, enjoyment or exercise, on
p.(None): equal terms, of the rights and liberties of every individual.
p.(None):
p.(None): 2. The law shall guarantee legal and administrative conditions such as to make equality before the law real and
p.(None): effective manner; shall adopt affirmative measures for the benefit of any group that is discriminated
p.(None): against, marginalized or vulnerable; shall protect in particular those persons who, because of any of the
p.(None): aforementioned circumstances, are in a manifestly weak position; and shall punish those who abuse or mistreat
p.(None): such persons.
p.(None):
p.(None): 3. People will only be officially addressed as Citizens, except for diplomatic forms.
p.(None):
p.(None): 4. No titles of nobility or hereditary distinctions shall be recognized.
p.(None):
p.(None): Article 22: The recitation of rights and guarantees contained in this Constitution and in international instruments
p.(None): concerning human rights are not to be understood as negating others inherent to individuals, not expressly mentioned in
p.(None): such recitation. The absence of a law regulating these rights shall not adversely affect the exercise thereof.
p.(None):
p.(None): Article 23: The treaties, pacts and conventions relating human rights which have been executed and ratified by
p.(None): Venezuela have a constitutional rank, and prevail over internal legislation, insofar as they contain provisions
...
p.(None): and wealth. Housewives are entitled to Social Security in accordance with law.
p.(None):
p.(None): Article 89: Work is a social fact and shall enjoy the protection of the State. The law shall make the necessary
p.(None): provisions for improving the material, moral and intellectual conditions of workers*. In order to fulfill
p.(None): this duty of the State, the following principles are established:
p.(None):
p.(None): (1) No law shall establish provisions that affect the intactness and progressive nature of labor rights and
p.(None): benefits. In labor relations, reality shall prevail over forms or appearances.
p.(None):
p.(None): (2) Labor rights are unrenounceable; any action, agreement or convention involving a waiver of or encroachment upon
p.(None): these rights is null and void. Concessions and settlements are possible only at the end of the
p.(None): employment relationship, in accordance with the requirements established by law.
p.(None):
p.(None): (3) When there are doubts concerning application or conflicts among several rules, or in the
p.(None): interpretation of a particular rule, that most favorable to the worker shall be applied. The rule applied must be
p.(None): applied in its entirety.
p.(None):
p.(None): (4) Any measure or act on the part of an employer in violation of this Constitution is null and void, and
p.(None): of no effect.
p.(None):
p.(None): (5) All types of discrimination because of political reasons, age, race, creed, sex or any other
p.(None): characteristic is prohibited.
p.(None):
p.(None): (6) Work by adolescents at tasks that may affect their overall development is prohibited. The State shall protect them
p.(None): against any economic and social exploitation.
p.(None):
p.(None): Article 90: Working hours shall not exceed eight hours per day or 44 hours per week. Where permitted by law, night work
p.(None): shall not exceed seven hours per day or 35 hours per week. No employer shall have the right to require employees to
p.(None): work overtime. An effort shall be made to reduce working hours progressively in the interest of society and in such
p.(None): sphere as may be determined, and appropriate provisions shall be adopted to make better use of free time for the
p.(None): benefit of the physical, spiritual and cultural development of workers*. Workers are entitled to weekly time
p.(None): off and paid vacations on the same terms as for days actually worked.
p.(None):
p.(None): Article 91: Every worker* has the right to a salary sufficient to enable him or her to live with dignity and cover
p.(None): basic material, social and intellectual needs for himself or herself and his or her family. The payment of equal salary
p.(None): for equal work is guaranteed, and the share of the profits of a business enterprise to which workers are
p.(None): entitled shall be determined. Salary is not subject to garnishment, and shall be paid periodically and
p.(None): promptly in legal tender, with the exception of the food allowance, in accordance with law. The State guarantees
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p.(None): documents shall not contain any mention classifying the parental relationship.
p.(None):
p.(None): Article 57: Everyone has the right to express freely his or her thoughts, ideas or opinions orally, in writing or by
p.(None): any other form of expression, and to use for such purpose any means of communication and diffusion, and no censorship
p.(None): shall be established. Anyone making use of this right assumes full responsibility for everything expressed. Anonymity,
p.(None):
p.(None): war propaganda, discriminatory messages or those promoting religious intolerance are not permitted. Censorship
p.(None): restricting the ability of public officials* to report on matters for which they are responsible is prohibited.
p.(None):
p.(None): Article 58: Communications are free and plural, and involve the duties and responsibilities
p.(None): indicated by law. Everyone has the right to timely, truthful and impartial information, without censorship, in
p.(None): accordance with the principles of this Constitution, as well as the right to reply and corrections when they are
p.(None): directly affected by inaccurate or offensive information. Children* and adolescents have the right to receive
p.(None): adequate information for purposes of their overall development.
p.(None):
p.(None): Article 59: The State guarantees the freedom of cult and religion. All persons have the right to profess their
p.(None): religious faith and cults, and express their beliefs in private or in public, by teaching and other practices,
p.(None): provided such beliefs are not contrary to moral, good customs and public order. The autonomy and independence of
p.(None): religious confessions and churches is likewise guaranteed, subject only to such limitations as may derive from this
p.(None): Constitution and the law. Father and Mother are entitled to have their sons and daughters receive
p.(None): religious education in accordance with their convictions. No one shall invoke religious beliefs or discipline as
p.(None): a means of evading compliance with law or preventing another person* from exercising his or her rights.
p.(None):
p.(None): Article 60: Every person is entitled to protection of his or her honor, private life, intimacy,
p.(None): self-image, confidentiality and reputation. The use of electronic information shall be restricted by law
p.(None): in order to guarantee the personal and family intimacy and honor of citizens* and the full exercise of their
p.(None): rights.
p.(None):
p.(None): Article 61: All persons have the right to freedom of conscience, and to express the same except those practices
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p.(None): may deem appropriate in matters within their competence, in accordance with the Regulations. All public
p.(None): officials* are obligated, subject to the penalties established by law, to appear before such Committees
p.(None): and provide the same with any information and documents they may require in order to carry out their
p.(None): functions. Private citizens are also subject to this obligation, without prejudice to the rights and
p.(None): guarantees embodied in this Constitution.
p.(None):
p.(None): Article 224: The exercise of the power of investigation does not affect the powers of other public
p.(None): authorities Judges* shall be obligated to take evidence as commissioned by National Assembly and its Committees.
p.(None):
p.(None): Chapter 11
p.(None): National Executive Power
p.(None): Section One: President* of the Republic
p.(None):
p.(None): Article 225: Executive Power is exercised by the 'President* of the Republic, the Executive
p.(None): Vice-President*, the Cabinet Ministers* and other officials as determined by this Constitution and by law.
p.(None):
p.(None): Article 226: The President* of the Republic is the Head of State and of the National Executive, in which
p.(None): latter capacity he directs the action of the government.
p.(None):
p.(None): Article 227: In order to be elected President* of the Republic, it is necessary to be Venezuelan* by
p.(None): birth, with no other nationality, to be more than 30 years of age, not a member of the clergy and not subject* to any
p.(None): conviction by final judgment, as well as meeting fulfill other requirements prescribed in this Constitution.
p.(None):
p.(None): Article 228: The election of the President* of the Republic shall be by universal suffrage by direct and secret ballot,
p.(None): in accordance with law. The candidate* who has received a majority of the valid votes cast shall be proclaimed
p.(None): elected*.
p.(None):
p.(None): Article 229: A person holding the office of Executive Vice-President*, Minister* or Governor*, or Mayor* as
p.(None): of the date he announces his candidacy or at any time between such date and that of the Presidential election
p.(None): shall not be eligible for election to the office of President of the Republic.
p.(None):
p.(None): Article 230: The presidential term is six years. The President* of the Republic may be re- elected, immediately and
p.(None): once only, to an additional term.
p.(None):
p.(None): Article 231: The candidate elected* shall take office as President* of the Republic on January 10 of the
p.(None): first year of his constitutional term, by taking an oath before the National Assembly. If for any
p.(None): supervening reason, the person elected President* of the Republic cannot be sworn in before the National
p.(None): Assembly, he shall take the oath of office before the Supreme Tribunal of Justice.
p.(None):
p.(None): Article 232: The President* of the Republic is responsible for his acts and for fulfilling the duties and
p.(None): obligations inherent to such position. Is obligated to endeavor the guarantee of the rights and liberties
p.(None): of Venezuelans*, as well as the independence, integrity, sovereignty and defense of the Republic. The
...
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p.(None): have the right to be registered free of charge with the Civil Registry Office after birth, and to obtain
p.(None): public documents constituting evidence of their biological identity, in accordance with law. Such
p.(None): documents shall not contain any mention classifying the parental relationship.
p.(None):
p.(None): Article 57: Everyone has the right to express freely his or her thoughts, ideas or opinions orally, in writing or by
p.(None): any other form of expression, and to use for such purpose any means of communication and diffusion, and no censorship
p.(None): shall be established. Anyone making use of this right assumes full responsibility for everything expressed. Anonymity,
p.(None):
p.(None): war propaganda, discriminatory messages or those promoting religious intolerance are not permitted. Censorship
p.(None): restricting the ability of public officials* to report on matters for which they are responsible is prohibited.
p.(None):
p.(None): Article 58: Communications are free and plural, and involve the duties and responsibilities
p.(None): indicated by law. Everyone has the right to timely, truthful and impartial information, without censorship, in
p.(None): accordance with the principles of this Constitution, as well as the right to reply and corrections when they are
p.(None): directly affected by inaccurate or offensive information. Children* and adolescents have the right to receive
p.(None): adequate information for purposes of their overall development.
p.(None):
p.(None): Article 59: The State guarantees the freedom of cult and religion. All persons have the right to profess their
p.(None): religious faith and cults, and express their beliefs in private or in public, by teaching and other practices,
p.(None): provided such beliefs are not contrary to moral, good customs and public order. The autonomy and independence of
p.(None): religious confessions and churches is likewise guaranteed, subject only to such limitations as may derive from this
p.(None): Constitution and the law. Father and Mother are entitled to have their sons and daughters receive
p.(None): religious education in accordance with their convictions. No one shall invoke religious beliefs or discipline as
p.(None): a means of evading compliance with law or preventing another person* from exercising his or her rights.
p.(None):
p.(None): Article 60: Every person is entitled to protection of his or her honor, private life, intimacy,
p.(None): self-image, confidentiality and reputation. The use of electronic information shall be restricted by law
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p.(None): physical integrity of individuals, their properties, the enjoyment of rights or the Fulfillment of duties.
p.(None): Participation by citizens* in programs for purposes of prevention, citizen safety and emergency management shall be
p.(None): regulated by a special law. The State's security corps shall respect the human dignity and rights of all persons. The
p.(None): use of weapons or toxic substances by police and security officers shall be limited by the principles of
p.(None): necessity, convenience, opportunity and proportionality in accordance with law.
p.(None):
p.(None): Article 56: Every person has the right to his own name, to the summates of his father and mother, and to know the
p.(None): identity of the latter. The State guarantees the right to investigates maternity and paternity. All persons
p.(None): have the right to be registered free of charge with the Civil Registry Office after birth, and to obtain
p.(None): public documents constituting evidence of their biological identity, in accordance with law. Such
p.(None): documents shall not contain any mention classifying the parental relationship.
p.(None):
p.(None): Article 57: Everyone has the right to express freely his or her thoughts, ideas or opinions orally, in writing or by
p.(None): any other form of expression, and to use for such purpose any means of communication and diffusion, and no censorship
p.(None): shall be established. Anyone making use of this right assumes full responsibility for everything expressed. Anonymity,
p.(None):
p.(None): war propaganda, discriminatory messages or those promoting religious intolerance are not permitted. Censorship
p.(None): restricting the ability of public officials* to report on matters for which they are responsible is prohibited.
p.(None):
p.(None): Article 58: Communications are free and plural, and involve the duties and responsibilities
p.(None): indicated by law. Everyone has the right to timely, truthful and impartial information, without censorship, in
p.(None): accordance with the principles of this Constitution, as well as the right to reply and corrections when they are
p.(None): directly affected by inaccurate or offensive information. Children* and adolescents have the right to receive
p.(None): adequate information for purposes of their overall development.
p.(None):
p.(None): Article 59: The State guarantees the freedom of cult and religion. All persons have the right to profess their
p.(None): religious faith and cults, and express their beliefs in private or in public, by teaching and other practices,
p.(None): provided such beliefs are not contrary to moral, good customs and public order. The autonomy and independence of
p.(None): religious confessions and churches is likewise guaranteed, subject only to such limitations as may derive from this
p.(None): Constitution and the law. Father and Mother are entitled to have their sons and daughters receive
p.(None): religious education in accordance with their convictions. No one shall invoke religious beliefs or discipline as
p.(None): a means of evading compliance with law or preventing another person* from exercising his or her rights.
p.(None):
p.(None): Article 60: Every person is entitled to protection of his or her honor, private life, intimacy,
p.(None): self-image, confidentiality and reputation. The use of electronic information shall be restricted by law
p.(None): in order to guarantee the personal and family intimacy and honor of citizens* and the full exercise of their
p.(None): rights.
p.(None):
p.(None): Article 61: All persons have the right to freedom of conscience, and to express the same except those practices
p.(None): affecting personality or constituting criminal offense. Objections of conscience may not be invoked in order to
p.(None): evade compliance with law or prevent others from complying with law or exercising their rights.
p.(None):
p.(None): Chapter IV
p.(None): Political Rights and Public Referenda Section One: Political Rights
p.(None):
p.(None): Article 62: All citizens* have the right to participate freely in public affairs, either directly or
p.(None): through their elected* representatives. The participation of the people in forming, carrying out and
p.(None): controlling the management of public affairs is the necessary way of achieving the involvement to ensure their complete
p.(None): development, both individual and collective. It is the obligation of the State and the duty of society to
...
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p.(None): meet the age requirements provided for in this Constitution, can exercise citizenship and therefore are entitled to
p.(None): political rights and duties in accordance to this Constitution.
p.(None):
p.(None): Article 40: Political rights are reserved to those who are Venezuelans*, with the exceptions established
p.(None): in this Constitution. Naturalized Venezuelans who have entered the country prior to reaching the age of
p.(None): seven years and have resided permanently in Venezuela until reaching legal age shall enjoy the same rights as
p.(None): Venezuelans by birth.
p.(None):
p.(None): Article 41: Only Venezuelans* by birth who have no other nationality shall be permitted to hold the offices of
p.(None): President* of the Republic, Executive Vice President, Chairman* and Vice-Chairman* of the National Assembly,
p.(None): Justices* of the Supreme Tribunal of Justice, Chairman* of the National Board of Elections, Attorney General of
p.(None): the Republic, Comptroller General* of the Republic, General Prosecutor* of the Republic, People
p.(None):
p.(None): Defender*, Ministers* with responsibilities relating to national security, finance, energy and mining or education;
p.(None): Governors* and Mayors* of border States and Municipalities and those contemplated under the Organic Law on the National
p.(None): Armed Forces. In order to hold the position of member* of the National Assembly, Minister* or Governors* and Mayors*
p.(None): of non-border States and Municipalities, naturalized Venezuelans must be domiciled in Venezuela with at
p.(None): least fifteen years of permanent residence, as well as meeting the capability requirements provided for by law.
p.(None):
p.(None): Article 42: Anyone who loses or renounces to nationality loses citizenship. The exercise of citizenship or any
p.(None): political rights can be suspended only by final judicial decision in the cases provided by law.
p.(None):
p.(None): Article 43: The right to life is inviolable. No law shall provide for the death penalty and no authority shall apply
p.(None): the same. The State shall protect the life of persons who are deprived of liberty, serving in the armed
p.(None): forces or civilian services, or otherwise subject to its authority.
p.(None):
p.(None): Article 44: Personal liberty is inviolable, therefore:
p.(None):
p.(None): (1) No person shall be arrested or detained except by virtue of a court order, unless such person is
p.(None): caught in fraganti. In the latter case, such person must be brought before a judge within forty-eight hours of
p.(None): his or her arrest. He or she shall remain* free during trial, except for reasons determined by law and
...
p.(None): pre-existing obligations of the Republic, apply principles expressly recognized by the Republic, perform
p.(None): ordinary acts in international relations or exercise powers expressly vested by law in the National Executive.
p.(None):
p.(None): Article 155: In the international agreements, treaties and conventions entered into by the Republic, a clause shall
p.(None): be inserted whereby the parties agree to resolve by peaceful means recognized under international law or
p.(None): agreed upon in advance between them, where this is the case, any controversies that may arise between them in
p.(None): connection with its interpretation or implementation, if not inappropriate and if it is permitted by the
p.(None): procedure to be followed in entering into the treaty, agreement or convention.
p.(None):
p.(None): Chapter 11
p.(None): Competence of National Public Power
p.(None):
p.(None): Article 156: Is of the competence of the National Public Power:
p.(None):
p.(None): (1) The international policy and actions of the Republic.
p.(None):
p.(None): (2) Defense and supreme vigilance of the general interests of the Republic, public peace keeping and the proper
p.(None): enforcement of the laws throughout the national territory.
p.(None):
p.(None): (3) The flag, coat of arms, national anthem, holidays, decorations and honors of a national nature.
p.(None):
p.(None): (4) Naturalization, admission, extradition and expulsion of foreign nationals*.
p.(None):
p.(None): (5) Identification services.
p.(None):
p.(None): (6) The national police.
p.(None):
p.(None): (7) National security, defense and development.
p.(None):
p.(None): (8) The organization and governance of the National Armed Forces.
p.(None):
p.(None): (9) The governance of risk and emergency management.
p.(None):
p.(None): (10) The organization and governance of the Capital District and the federal dependencies.
p.(None):
p.(None): (11) Regulation of central banking, the monetary system, foreign currency, the financial and capital market system and
p.(None): the issuance and mintage of currency.
p.(None):
p.(None): (12) The creation, organization, collection, administration and control of taxes on income, inheritances, donations
p.(None): and other related areas, capital, production, value added, hydrocarbons and mines; duties on the importing and
p.(None): exporting of products and services; taxes on the consumption of liquor, alcohol and other products containing
p.(None): alcohol, cigarettes and other tobacco products; and any other taxes, assessments and revenues not expressly
p.(None): assigned by this Constitution and the law to the States and Municipalities.
p.(None):
p.(None): (13) Legislation to guarantee the coordination and harmony of the various different taxing powers and define
p.(None): principles, parameters and limitations, especially for purposes of determining the tax rates and aliquot parts for
p.(None): state and municipal taxes, and to create specific funds that ensure inter- territorial solidarity.
p.(None):
p.(None): (14) The creation and organization of land taxes or taxes on rural properties and on real estate
p.(None): transactions, the collection and oversight of which is the responsibility of the Municipalities, in accordance with
p.(None): this Constitution.
p.(None):
p.(None): (15) The governance of foreign trade and the organization and governance of customs.
p.(None):
...
p.(None): new President* shall complete the current constitutional term of office. If the President becomes
p.(None): permanently unavailable to serve during the last two years of his constitutional term of office, the Executive
p.(None): Vice-President* shall take over the Presidency of the Republic until such term is completed.
p.(None): Article 234: A President of the Republic* who becomes temporarily unavailable to serve shall be replaced by the
p.(None): Executive Vice-President* for a period of up to 90 days, which may be extended by resolution of the National Assembly
p.(None): for an additional 90 days. If the temporarily unavailability continues for more than 90 consecutive days, the
p.(None): National Assembly shall have the power to decide by a majority vote of its members whether the unavailability to serve
p.(None): should be considered permanent.
p.(None):
p.(None): Article 235: The absence of the President* of the Republic from the territory of Venezuela requires
p.(None): authorization from the National Assembly or the Delegated Committee, when such absence continues for a
p.(None): period exceeding five consecutive days.
p.(None):
p.(None): Section Two:
p.(None): The President of the Republic
p.(None):
p.(None): Article 236: The following are attributions and duties of the President* of the Republic:
p.(None):
p.(None): (1) To comply with and enforce this Constitution and the law.
p.(None):
p.(None): (2) To direct the activity of the Government.
p.(None):
p.(None): (3) To appoint and remove the Executive Vice-President* and the Cabinet Ministers*.
p.(None):
p.(None): (4) To direct the international relations of the Republic and sign and ratify international treaties, agreements or
p.(None): conventions.
p.(None):
p.(None): (5) To direct the National Armed Forces in his capacity as Commander in Chief, exercise supreme hierarchical Authority
p.(None): over the same and establish their contingent.
p.(None):
p.(None): (6) To exercise supreme command over the National Armed Forces, promote their officers at the rank of
p.(None): colonel* or naval* captain* and above, and appoint them to the positions exclusively reserved to them.
p.(None):
p.(None): (7) To declare states of exception and order the restriction of guarantees in the cases provided for under this
p.(None): Constitution.
p.(None):
p.(None): (8) To issue executive orders having the force of law, subject to authorization in advance by an
p.(None): enabling act.
p.(None):
p.(None): (9) To call special sessions of the National Assembly.
p.(None):
p.(None): (10) To issue regulations for the application of laws, in whole or in part, without altering the spirit, purpose and
p.(None): reason for being of the laws.
p.(None):
p.(None): (11) To administer the National Public Treasury.
p.(None):
p.(None): (12) To negotiate national loans.
p.(None):
p.(None): (13) To order extraordinary budget item in addition to the budget, subject to authorization in advance from the
p.(None): National Assembly or the Delegated Committee.
p.(None):
p.(None): (14) To enter into contracts in the national interest, subject to this Constitution and applicable laws.
p.(None):
p.(None): (15) To designate, subject to prior authorization from the National Assembly or the Delegated
p.(None): Committee, the Attorney-General* of the Republic and the heads* of the permanent diplomatic missions.
p.(None):
p.(None): (16) To designate and remove those officials* whose appointment is made subject to his discretion by this Constitution
...
p.(None): out the final selection. Citizens* may file objections to any of the candidates*, for cause, with the Judicial
p.(None): Nominations Committee or the National Assembly.
p.(None):
p.(None): Article 265: Justices* of the Supreme Tribunal of Justice may be removed by the National Assembly by a
p.(None): qualified two-thirds majority of the members, after granting the interested party a hearing; in cases involving serious
p.(None): misconduct already characterized as such by the Citizen Power, on such terms as may be established by law.
p.(None):
p.(None): Article 266: The following are powers of the Supreme Tribunal of Justice:
p.(None):
p.(None): (1) To exercise constitutional jurisdiction in accordance with title VIII of this Constitution.
p.(None):
p.(None): (2) To rule as to whether or not there are grounds for impeaching the President* of the Republic or
p.(None): whomever may be acting in that capacity, and if so, to retain competence of the proceedings, subject to the approval of
p.(None): the National Assembly, until the final judgment.
p.(None):
p.(None): (3) To rule as to whether or not there are grounds for impeaching the Vice President* of the Republic; members* of
p.(None): the National Assembly or the Supreme Tribunal of Justice itself, Ministers*; the General Attorney*;
p.(None): General Prosecutor*; General Comptroller* of the Republic; the People Defender*; Governors*; general
p.(None): officers* and naval admirals of the National Armed Forces; or the heads of Venezuelan diplomatic missions; and, if
p.(None): so, to refer the record to the General Prosecutor of the Republic or whomever is acting in his capacity, where
p.(None): appropriate, and if the offense
p.(None):
p.(None): charged is a common crime, the Supreme Tribunal of Justice shall retain competence of the matter until a final judgment
p.(None): is handed down.
p.(None):
p.(None): (4) To resolve any administrative controversies that may arise between the Republic, any State, Municipality or
p.(None): other public entity, when the other party is also one of these same organs, except in the case of a controversy
p.(None): between Municipalities belonging to the same State, in which case competence may be vested by law in
p.(None): another court.
p.(None):
p.(None): (5) To declare null and void, in whole or in part, regulations and other general or individual
p.(None): administrative actions of the National Executive Branch, where appropriate.
p.(None):
p.(None): (6) To take competence of motions for declaratory judgment on the content and application of legal texts, on
p.(None): the terms contemplated by law.
p.(None):
p.(None): (7) To decide competence conflicts between courts, whether ordinary or special, when there is no higher or
p.(None): common court shared by both in the hierarchical order.
p.(None):
p.(None): (8) To take jurisdiction of appeals for violations of law.
p.(None):
p.(None): (9) Such others as may be vested in it by law.
p.(None):
p.(None): The powers indicated under (1) shall be exercised by the Constitutional Division; those indicated under (2 ) and (3),
...
p.(None): relating to the same, without prejudice to the functions vested in other organs, in the case of the States
p.(None): and Municipalities, in accordance with law.
p.(None):
p.(None): (2) To control the public debt, without prejudice to the functions vested in other organs, in the case of the States
p.(None): and Municipalities, in accordance with law.
p.(None):
p.(None): (3) To inspect and audit the public-sector, organs, entities and juridical persons subject to his
p.(None): control, conduct audits, order the opening of investigations into irregularities against public patrimony, as
p.(None): well as order measures, raising objections and applying administrative penalties as appropriate, in accordance
p.(None): with law.
p.(None):
p.(None): (4) To call on the General Prosecutor* of the Republic to file the appropriate legal actions with regard to
p.(None): in actions and crimes committed against public patrimony, of which becomes aware in the course of performing
p.(None): his official functions.
p.(None):
p.(None): (5) To exercise operating control and evaluate compliance with and the results of the public policies
p.(None): and decisions of the public-sector organs, entities and juridical persons subject to his control, as
p.(None): regards their revenues, expenses and property.
p.(None):
p.(None): (6) Any other functions that may be vested in him by the Constitution and by law.
p.(None):
p.(None): Article 290: Matters relating to the organization and functioning of the Office of the General
p.(None): Comptroller of the Republic and the national tax control system shall be determined by law.
p.(None):
p.(None): Article 291: The Office of the General Comptroller of the Armed Forces is an integral part of the national control
p.(None): system. It shall be in charge of vigilance, control and auditing of public revenues, expenses and property allocated to
p.(None): the National Armed Forces and
p.(None):
p.(None): their dependencies, without prejudice to the scope and competence of the Office of the General Comptroller of the
p.(None): Republic. Its organization and functioning shall be determined by the pertinent law, and shall be
p.(None): under the responsibility of the General Comptroller* of the Armed Forces, who shall be designated by means of a
p.(None): competitive process.
p.(None):
p.(None): Chapter V
p.(None): Electoral Power
p.(None):
p.(None): Article 292: Electoral Power is exercised by the National Electoral Council as governing body, and by the latter's
p.(None): subordinate organs, the National Board of Elections, the Civil Status and Voter Registration Commission and the
p.(None): Commission on Political Participation and Financing, with organization and functioning as established under
p.(None): the pertinent organic law.
p.(None):
p.(None): Article 293: The following are functions of Electoral Power:
p.(None):
p.(None): (1) To regulate election laws and resolve any doubts and unregulated areas raised by or contained in such laws.
p.(None):
p.(None): (2) To prepare its budget, concerning which it shall handle directly with the National Assembly, and which it shall
p.(None): manage autonomously.
p.(None):
p.(None): (3) To issue binding directives in the field of political and electoral advertising and financing, and
p.(None): impose penalties when such directives are not abided by.
p.(None):
p.(None): (4) To declare elections null and void, either in whole or in part.
p.(None):
p.(None): (5) Organization, administration, direction and vigilance of all acts relating to elections to fill
p.(None): public offices by popular vote, as well as referenda.
p.(None):
p.(None): (6) To organize elections for labor unions, professional associations and organizations pursuing political
p.(None): purposes, in accordance with applicable provisions of law. Electoral Power shall also have the power to organize
...
p.(None):
p.(None): Chapter II
p.(None): Principles of National Security
p.(None):
p.(None): Article 326: National security is based on shared responsibility between the State and civil society to
p.(None): implement the principles of independence, democracy, equality, peace, freedom, justice, solidarity,
p.(None): promotion and conservation of the environment and
p.(None):
p.(None): affirmation of human rights, as well as on that of progressively meeting the individual and collective needs of
p.(None): Venezuelans*, based on a sustainable and productive development policy providing full coverage for the
p.(None): national community. The principle of shared responsibility applies to the economic, social, political,
p.(None): cultural, geographical, environmental and military spheres.
p.(None):
p.(None): Article 327: Attention to borders is a priority matter in the enforcement and application of national security
p.(None): principles. To this end, a border security belt is established, with width, special economic and social
p.(None): regimes, settlement and utilization. shall be regulated by law, with special protection for national
p.(None): parks and other areas under special administrative arrangements, as well as the habitat of the
p.(None): native people settled in the areas concerned.
p.(None):
p.(None): Chapter- III
p.(None): The National Armed Forces
p.(None):
p.(None): Article 328: The National Armed Forces constitute an essentially professional institution, with no political
p.(None): orientation, organized by the State to guarantee the independence and sovereignty of the Nation and ensure the
p.(None): integrity of its geographical space, through military defense, cooperation for the purpose of maintaining
p.(None): internal order and active participation in national development, in accordance with this Constitution and the law.
p.(None): In performing their functions, they are at the exclusive service of the Nation, and in no case at the service of any
p.(None): person or political partisanship. The pillars on which they are founded are discipline, obedience and subordination.
p.(None): The National Armed Forces consist of the Army, the Navy, the Air Force and the National Guard, which
p.(None): function in an integrated manner within the scope of their competence to fulfill their mission, with their own
p.(None): overall Social Security system, as established under the pertinent organic law.
p.(None):
p.(None): Article 329: The Army, Navy and Air Force have as their essential responsibility the planning, execution
p.(None): and control of military operations as required to ensure the defense of the Nation. The National Guard shall cooperate
p.(None): in the carrying out of these operations, and shall have as its basic responsibility that of conducting
p.(None): operations as required to maintain internal order within the country. The National Armed Forces shall
p.(None): carry out activities of administrative policing and criminal investigation activities as provided for by law.
p.(None):
p.(None): Article 330: Members* of the National Armed Forces on active duty have the right to vote in accordance with law, but
p.(None): are not permitted to run for any office filled by popular vote, nor to participate in acts of political advertising,
p.(None): militancy or proselytizing.
p.(None):
p.(None): Article 331: Military promotions shall be in accordance with merit, hierarchy and vacancies. They are the
p.(None): exclusive prerogative of the National Armed Forces, and shall be regulated by the pertinent law.
p.(None):
p.(None): Chapter IV
p.(None): Civilian Security Organs
p.(None):
p.(None): Article 332: The National Executive, in accordance with law, to maintain, and restore public order; protect
p.(None): citizens, homes and families; support the decisions of the competent authorities and ensure the peaceful enjoyment
p.(None): of constitutional guarantees and rights, shall organize:
p.(None):
p.(None): (1) A uniformed national police corps.
p.(None):
p.(None): (2) A scientific, criminal and criminological investigation corps.
p.(None):
p.(None): (3) A civilian fire department and emergency management corps.
p.(None):
p.(None): (4) A civil defense and disaster management organization.
p.(None):
p.(None): Organs of civilian security are of civil nature and shall respect human dignity and human rights, without
p.(None): discrimination of any kind. The functions of the civilian security organs constitute a concurrent competence with
p.(None): those of the States and Municipalities, on the terms established in this Constitution and the law.
p.(None):
p.(None): TITLE VIII PROTECTION OF THE CONSTITUTION
p.(None):
p.(None): Chapter 1
p.(None): Guarantee of the Constitution
p.(None):
p.(None): Article 333: This Constitution shall not cease to be in effect if it ceases to be observed due to acts of force or
p.(None): because or repeal in any manner other than as provided for herein. In such eventuality, every citizen*, whether or not
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p.(None): parks and other areas under special administrative arrangements, as well as the habitat of the
p.(None): native people settled in the areas concerned.
p.(None):
p.(None): Chapter- III
p.(None): The National Armed Forces
p.(None):
p.(None): Article 328: The National Armed Forces constitute an essentially professional institution, with no political
p.(None): orientation, organized by the State to guarantee the independence and sovereignty of the Nation and ensure the
p.(None): integrity of its geographical space, through military defense, cooperation for the purpose of maintaining
p.(None): internal order and active participation in national development, in accordance with this Constitution and the law.
p.(None): In performing their functions, they are at the exclusive service of the Nation, and in no case at the service of any
p.(None): person or political partisanship. The pillars on which they are founded are discipline, obedience and subordination.
p.(None): The National Armed Forces consist of the Army, the Navy, the Air Force and the National Guard, which
p.(None): function in an integrated manner within the scope of their competence to fulfill their mission, with their own
p.(None): overall Social Security system, as established under the pertinent organic law.
p.(None):
p.(None): Article 329: The Army, Navy and Air Force have as their essential responsibility the planning, execution
p.(None): and control of military operations as required to ensure the defense of the Nation. The National Guard shall cooperate
p.(None): in the carrying out of these operations, and shall have as its basic responsibility that of conducting
p.(None): operations as required to maintain internal order within the country. The National Armed Forces shall
p.(None): carry out activities of administrative policing and criminal investigation activities as provided for by law.
p.(None):
p.(None): Article 330: Members* of the National Armed Forces on active duty have the right to vote in accordance with law, but
p.(None): are not permitted to run for any office filled by popular vote, nor to participate in acts of political advertising,
p.(None): militancy or proselytizing.
p.(None):
p.(None): Article 331: Military promotions shall be in accordance with merit, hierarchy and vacancies. They are the
p.(None): exclusive prerogative of the National Armed Forces, and shall be regulated by the pertinent law.
p.(None):
p.(None): Chapter IV
p.(None): Civilian Security Organs
p.(None):
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p.(None): the future to emerge from the territorial sea, that covering the continental shelf or that lying within the limits of
p.(None): the exclusive economic zone. As to the water spaces consisting of the contiguous maritime zone, the continental sheaf
p.(None): and the exclusive economic zone, the Republic exercises exclusive rights of sovereignty and jurisdiction on
p.(None): such terms, to such extent and subject to such conditions as may be determined by public international law
p.(None): and national law. The Republic has rights in outer space and in those areas which are or may be the Common
p.(None): Property of Humanity, on such terms, to such extent and subject to such conditions as may be determined by public
p.(None): international agreements and by the national legislation.
p.(None):
p.(None): Article 12: Mineral and hydrocarbon deposits of any nature that exist within the territory of the nation, beneath the
p.(None): territorial sea bed, within the exclusive economic zone and on the continental shelf, are the property of the Republic,
p.(None): are of public domain, and therefore inalienable and not transferable. The seacoasts are public domain property.
p.(None):
p.(None): Article 13: The territory shall never be assigned, transferred, leased or in any manner whatsoever
p.(None): conveyed, even temporarily or partially, to foreign States or other international law subjects. The
p.(None): geographical space of Venezuela is an area of peace. No foreign military bases or facilities having purposes that are
p.(None): in any way military shall be established within such space by any power or coalition of powers. Foreign
p.(None): States or other international law subjects shall be permitted to acquire real property only for the quarters of
p.(None): their diplomatic or consular delegations, within such area as may be determined and subject to guarantees
p.(None): of reciprocity, with such limitations as may be established by law. In all such cases, national sovereignty
p.(None): shall remain intact. There shall be no conveyance of title to vacant land existing within the federal dependencies and
p.(None): on islands in rivers and lakes, and the right to use the same shall be granted only in a manner that does not involve,
p.(None): directly or indirectly, the transfer of title to the land.
p.(None):
p.(None): Article 14: The law shall establish a special legal regime for those territories which, by the freely adopted
p.(None): decision of their inhabitants and with the approval of the National Assembly, come to be incorporated into
p.(None): the territory of the Republic.
p.(None):
p.(None): Article 15: The State is responsible for establishing an overall policy in land, insular and maritime border areas,
p.(None): preserving the territorial integrity, sovereignty, security, defense, national identity, diversity and environment
p.(None): in accordance with cultural, economic and social development and integration. Taking into account the
p.(None): inherent nature of each border region through special financial allocations, an Organic Law on Borders
p.(None): shall determine the obligations and objectives comprising this responsibility.
p.(None):
p.(None): Chapter 11
p.(None):
...
p.(None): written record inserted into the case file concerning the physical or mental condition of the detainee, either by
p.(None): himself or herself, or with the aid of specialists. The competent authorities shall keep a public record of every
p.(None): arrest made, including the identity of the person arrested, the place, time, circumstances and the officers
p.(None): who made the arrest.
p.(None):
p.(None): (4) In the case of the arrest of foreign nationals, (male or female), applicable provisions of
p.(None): international treaties concerning consular notification shall also be observed.
p.(None):
p.(None): (5) The penalty shall not extend beyond the person of the convicted individual. No one shall be sentenced to
p.(None): perpetual or humiliating penalties. Penalties consisting of deprivation of liberty shall not exceed 30 years.
p.(None):
p.(None): (6) Any authority taking measures involving the deprivation of liberty must identify himself or herself.
p.(None):
p.(None): (7) No person shall remain under arrest after a release order has been issued by the competent
p.(None): authority or such person's sentence has been served.
p.(None):
p.(None): Article 45: The public authorities, whether military, civilian or of any other kind, even during a state of emergency,
p.(None): exception or restriction or guarantees, are prohibited from effecting, permitting or tolerating the forced
p.(None): disappearance of persons. An officer* receiving an order or instruction to carry it out, has the
p.(None): obligation not to obey, and to report the order or instruction to the competent authorities. The intellectual and
p.(None): physical perpetrators* accomplices and concealers* of the crimes of forced disappearance of a person, as
p.(None): well as any attempt to commit such offense, shall be punished in accordance with law.
p.(None):
p.(None): Article 46: Everyone is entitled to respect for his or her physical, mental and moral integrity,
p.(None): therefore:
p.(None):
p.(None): (1) No person shall be subjected to penalties, tortures, cruelty, inhuman or degrading treatment. Every victim
p.(None): of torture or cruel, inhumane or degrading treatment effected or tolerated by agents of the State
p.(None): has the right to rehabilitation.
p.(None):
p.(None): (2) Any person deprived of liberty shall be treated with respect due to the inherent dignity of the human being.
p.(None):
p.(None): (3) No person shall be subjected without his or her freely given consent to scientific experiments or medical or
p.(None): laboratory examinations, except when such person's life is in danger, or in any other circumstances as may
p.(None): be detained by law.
p.(None):
...
p.(None): to preserve the ecological balance, to permit access to, and the transfer of technology on mutually agreed terms
p.(None): and to restore the environment to its
p.(None):
p.(None): natural state if the latter is altered, shall be deemed included even if not expressed, on such terms as may be
p.(None): established by law.
p.(None): Chapter X
p.(None): Duties
p.(None): Article 130: Venezuelans* have the duty to honor and defend their native land symbols and cultural values and to
p.(None): guard and protect the sovereignty, nationhood, territorial integrity, self determination and interests of the
p.(None): nation.
p.(None):
p.(None): Article 131: Everyone has the duty to comply with and obey this Constitution and the laws and other official acts
p.(None): promulgated by the organs of Public Power.
p.(None):
p.(None): Article 132: Everyone has a duty to fulfill his or her social responsibilities and participate together in
p.(None): the political, civic and community life of the country, promoting and protecting human rights as the foundation
p.(None): of democratic coexistence and social peace.
p.(None): Article 133: Everyone has the duty to contribute toward public expenditures by paying such taxes, assessments and
p.(None): contributions as may be established by law.
p.(None):
p.(None): Article 134: Everyone, in accordance with law, has the duty to perform such civilian or military service as may be
p.(None): necessary for the defense, preservation and development of the country, or to deal with situations involving a public
p.(None): calamity. No one shall be subjected to forcible recruitment. Everyone has the duty of rendering its services in the
p.(None): electoral functions assigned to them by law.
p.(None):
p.(None): Article 135: The obligations incumbent upon the State in accordance with this Constitution and
p.(None): the law, in Fulfillment of the States commitments to the general welfare of society, do not preclude the
p.(None): obligations which, by virtue of solidarity, social responsibility and humanitarian assistance, are
p.(None): incumbent upon private individuals according to their abilities. Appropriate provisions shall be enacted by law to
p.(None): compel the Fulfillment of these obligations in those cases in which such compulsion is necessary. Those
p.(None): aspiring to practice any profession have a duty to perform community service for such period, in such place and on such
p.(None): terms as may be provided for by law.
p.(None):
p.(None): TITLE IV PUBLIC POWER
p.(None): Chapter 1
p.(None): Fundamental Provisions
p.(None): Section One: General Provisions
p.(None):
p.(None): Article 136: Public Power is distributed among Municipal Power, that of the States Power and National
p.(None): Power. National Public Power is divided into Legislative, Executive, Judicial, Citizen and Electoral. Each of the
p.(None): branches of Public Power has its own functions, but the organs charged with exercising the same shall
p.(None): cooperate with one another in attaining the ends of the State.
p.(None):
p.(None): Article 137: The Constitution and the law shall define the authorities of the organs, which exercise
...
p.(None): Constitution.
p.(None):
p.(None): (3) To exercise control functions over the government and the National Public Administrative, on the terms
p.(None): established in this Constitution and by law. Evidence obtained during the exercise of this function shall
p.(None): have probative value on such terms as may be established by law.
p.(None):
p.(None): (4) To organize and promote citizen participation in matters within its competence.
p.(None):
p.(None): (5) To order amnesties.
p.(None):
p.(None): (6) To discuss and approve the national budget and any bill relating to the taxation system and to public credit.
p.(None):
p.(None): (7) To authorize appropriations in addition to the budget.
p.(None):
p.(None): (8) To approve the general guidelines for the national economic and social development plan to be submitted by
p.(None): the National Executive during the third quarter of the first year of each constitutional term.
p.(None):
p.(None): (9) To authorize the National Executive to enter into contracts in the national interest, in the cases
p.(None): established by law. To authorize contracts in the municipal, state and national public interest, with foreign
p.(None): States, or official entities or with companies not domiciled in Venezuela.
p.(None):
p.(None): (10) To vote resolutions of censure against the Executive Vice President* and Ministers*. A censure motion shall
p.(None): be debated only two days after being submitted to the Assembly, which shall have the power to decide by a three
p.(None): fifths vote that the censure shall include the removal from office of the Executive Vice-President* or the Minister*
p.(None): concerned.
p.(None):
p.(None): (11) To authorize the operation of Venezuelan military missions abroad or foreign military missions within the country.
p.(None):
p.(None): (12) To authorize the National Executive to dispose of nonpublic real property owned by the Nation, with such
p.(None): exceptions as may be established by law.
p.(None):
p.(None): (13) To authorize public officials* to accept positions, honors or rewards from foreign governments.
p.(None):
p.(None): (14) To authorize the appointment of the General Attorney of the Republic* and the Heads of
p.(None): Permanent Diplomatic Missions.
p.(None):
p.(None): (15) To confer the honors of the National Pantheon on illustrious Venezuelans* who have rendered
p.(None): eminent services to the Republic, after 25 years have elapsed since the death of such persons; this decision may be
p.(None): made upon a recommendation from the President* of the Republic, two thirds of the State Governors*, all of
p.(None): the rectors of the National Universities.
p.(None):
p.(None): (16) To tend that the interests and autonomy of the States are upheld.
p.(None):
p.(None): (17) To authorize the departure of the President* of the Republic from the territory of the Nation, when such
p.(None): absence is to last longer than five consecutive days.
p.(None):
p.(None): (18) To approve by law any international treaties or agreements entered into by the National Executive, with
p.(None): the exceptions set forth in the present Constitution.
p.(None):
p.(None): (19) To enact its own internal regulations and apply such sanctions as may be provided for thereunder.
p.(None):
...
p.(None): elected by universal suffrage, directly and by secret ballot, in accordance with law. The law shall encourage
p.(None): arbitration, conciliation, mediation and any other alternative means for resolving conflicts.
p.(None):
p.(None): Article 259: Competence over contentious administrative law proceedings shall be vested in the Supreme
p.(None): Tribunal of Justice and such other courts as may be determined by law. Organs with jurisdiction in the field of
p.(None): contentious administrative law are competent to nullify general or individual administrative acts contrary to
p.(None): law, including cases of power deviation; to order the payment of sums of money and reparations for damages for whose
p.(None): causation the Administration is responsible; to deal with claims arising from the providing of public services; and
p.(None): to rule as necessary to restore the legal position of parties harmed by administrative actions.
p.(None):
p.(None): Article 260: The legitimate authorities of the native peoples shall have the power to apply within their
p.(None): territorial competence levels of administration of justice based on their ancestral traditions and affecting their
p.(None): members only, in accordance to their own rules and proceedings, provided the same are not contrary to this
p.(None): Constitution, law and public order. The manner in which this special competence shall be coordinated with
p.(None): the national judicial system shall be determined by law.
p.(None):
p.(None): Article 261: Military criminal jurisdiction is an integral part of the Judicial Power, and its judges* shall be
p.(None): selected by a competitive process. Its sphere of competence, organization and modes of operation shall be
p.(None): governed by the accusatory system and in accordance with the Organic Code of Military Justice. The commission
p.(None): of common crimes, human rights violations and violations of humanity rights shall be judged by the courts of the
p.(None): ordinary jurisdiction. Military courts jurisdiction is limited to offenses of a military nature. Insofar as not
p.(None): provided for in this Constitution, special jurisdiction and the competence, organization and functioning of the courts
p.(None): shall be regulated by law.
p.(None): Section Two: Supreme Tribunal of Justice
p.(None):
p.(None): Article 262: The Supreme Tribunal of Justice shall sit in plenary session and in Constitutional,
p.(None): Political/Administrative, Electoral, Civil Appeal, Criminal Appeal, and Social Appeal Divisions, whose
p.(None): composition and competence shall be determined by the pertinent organic act. The Social Division shall encompass
p.(None): matters relating to appeals involving agrarian matters, labor matters and minors.
p.(None):
p.(None): Article 263: To be a justice* of the Supreme Tribunal of Justice, a person must:
p.(None):
p.(None): (1) Have Venezuelan nationality by birth.
p.(None):
p.(None): (2) Be recognized as an honorable citizen*.
p.(None):
p.(None): (3) Be a jurist of recognized competence; enjoy a good reputation; have a minimum of 15 years experience practicing law
p.(None): and have a post graduate degree in law, or have at least 15 years experience as a university professor of
p.(None): law, having obtained the rank of full professor; or be or have been a superior court judge in the specialty of the
p.(None): division for which he is a candidate, having been a sitting judge for at least 15 years and gained recognized prestige
p.(None): in the performance of his duties.
p.(None):
p.(None): (4) Any other requirements established by law.
p.(None):
...
p.(None): to justices of the Supreme Tribunal of Justice. The General Prosecutor of the Republic shall be designated for
p.(None): a seven year term.
p.(None):
p.(None): Article 285: The following are functions of the Office of Public Prosecutions:
p.(None):
p.(None): (1) In judicial proceedings, to guarantee respect for constitutional rights and guarantees, as well as
p.(None): those deriving from international treaties, agreements and conventions signed by the Republic.
p.(None):
p.(None): (2) To guarantee the speedy trail of the judicial process, the right to previous trial and a due process.
p.(None):
p.(None): (3) To order and direct criminal investigation of the perpetration of punishable acts, with a view to
p.(None): establishing that the same were committed, with all circumstances that may be relevant to stating the offense
p.(None): and establishing the responsibility of the perpetrators* and other participants, as well as to secure
p.(None): custody of the objects actively and passively concerned with the perpetration of the offense.
p.(None):
p.(None): (4) To conduct on behalf of the State criminal prosecutions in those cases in which no initiative on the part of a
p.(None): party is required in order to initiate or continue such prosecution, with the exceptions established by law.
p.(None):
p.(None): (5) To file any appropriate actions to hold liable public officials* who have incurred civil, labor,
p.(None): military, criminal, administrative or disciplinary liability the course of their official duties.
p.(None):
p.(None): (6) Any other functions that may be assigned to this office by the Constitution and by law.
p.(None):
p.(None): These attributions do not discredit the exercise of any rights or actions to which private parties or other
p.(None): officials* may be entitled in accordance with this Constitution and the law.
p.(None):
p.(None): Article 286: Matters relating to the organization and functioning of the Office of Public Prosecutions at the
p.(None): municipal, state and national levels shall be determined by law, providing the appropriate measures to ensure
p.(None): the suitability, probity and stable tenure of the attorneys* of the Office of Public Prosecutions. Rules to
p.(None): guarantee the exercise of these functions by career personnel shall also be established by law.
p.(None):
p.(None): Section Four: Office of the General Comptroller of the Republic
p.(None):
p.(None): Article 287: The Office of the General Comptroller of the Republic is the organ that controls, watches
p.(None): and audits revenues, expenses, public and national property and transactions relating to the same. It enjoys
p.(None): operating, administrative and organizational
p.(None):
p.(None): autonomy, and concentrates its activities on functions relating to inspection of the organs and entities under its
p.(None): oversight.
p.(None):
p.(None): Article 288: The Office of the General Comptroller of the Republic shall be under the direction and responsibility of
...
p.(None): are manufactured in or imported into the country shall become the property of the Republic, without compensation or
p.(None): proceedings. The National Armed Forces shall be the institution of competence to regulate and
p.(None): control, in accordance with the pertinent legislation, the manufacture, importing, exporting, storage, transit,
p.(None): registration, control, inspection, marketing, possession and use or other weapons, munitions and explosives.
p.(None):
p.(None): Article 325: The National Executive reserves the right to classify and control disclosure of matters directly
p.(None): relating to the planning and execution of operations concerning national security, on such terms as may be
p.(None): established by law.
p.(None):
p.(None): Chapter II
p.(None): Principles of National Security
p.(None):
p.(None): Article 326: National security is based on shared responsibility between the State and civil society to
p.(None): implement the principles of independence, democracy, equality, peace, freedom, justice, solidarity,
p.(None): promotion and conservation of the environment and
p.(None):
p.(None): affirmation of human rights, as well as on that of progressively meeting the individual and collective needs of
p.(None): Venezuelans*, based on a sustainable and productive development policy providing full coverage for the
p.(None): national community. The principle of shared responsibility applies to the economic, social, political,
p.(None): cultural, geographical, environmental and military spheres.
p.(None):
p.(None): Article 327: Attention to borders is a priority matter in the enforcement and application of national security
p.(None): principles. To this end, a border security belt is established, with width, special economic and social
p.(None): regimes, settlement and utilization. shall be regulated by law, with special protection for national
p.(None): parks and other areas under special administrative arrangements, as well as the habitat of the
p.(None): native people settled in the areas concerned.
p.(None):
p.(None): Chapter- III
p.(None): The National Armed Forces
p.(None):
p.(None): Article 328: The National Armed Forces constitute an essentially professional institution, with no political
p.(None): orientation, organized by the State to guarantee the independence and sovereignty of the Nation and ensure the
p.(None): integrity of its geographical space, through military defense, cooperation for the purpose of maintaining
p.(None): internal order and active participation in national development, in accordance with this Constitution and the law.
p.(None): In performing their functions, they are at the exclusive service of the Nation, and in no case at the service of any
p.(None): person or political partisanship. The pillars on which they are founded are discipline, obedience and subordination.
p.(None): The National Armed Forces consist of the Army, the Navy, the Air Force and the National Guard, which
p.(None): function in an integrated manner within the scope of their competence to fulfill their mission, with their own
p.(None): overall Social Security system, as established under the pertinent organic law.
p.(None):
p.(None): Article 329: The Army, Navy and Air Force have as their essential responsibility the planning, execution
p.(None): and control of military operations as required to ensure the defense of the Nation. The National Guard shall cooperate
p.(None): in the carrying out of these operations, and shall have as its basic responsibility that of conducting
p.(None): operations as required to maintain internal order within the country. The National Armed Forces shall
p.(None): carry out activities of administrative policing and criminal investigation activities as provided for by law.
p.(None):
p.(None): Article 330: Members* of the National Armed Forces on active duty have the right to vote in accordance with law, but
p.(None): are not permitted to run for any office filled by popular vote, nor to participate in acts of political advertising,
p.(None): militancy or proselytizing.
p.(None):
p.(None): Article 331: Military promotions shall be in accordance with merit, hierarchy and vacancies. They are the
p.(None): exclusive prerogative of the National Armed Forces, and shall be regulated by the pertinent law.
p.(None):
p.(None): Chapter IV
p.(None): Civilian Security Organs
p.(None):
p.(None): Article 332: The National Executive, in accordance with law, to maintain, and restore public order; protect
p.(None): citizens, homes and families; support the decisions of the competent authorities and ensure the peaceful enjoyment
p.(None): of constitutional guarantees and rights, shall organize:
p.(None):
p.(None): (1) A uniformed national police corps.
p.(None):
p.(None): (2) A scientific, criminal and criminological investigation corps.
p.(None):
p.(None): (3) A civilian fire department and emergency management corps.
p.(None):
p.(None): (4) A civil defense and disaster management organization.
p.(None):
p.(None): Organs of civilian security are of civil nature and shall respect human dignity and human rights, without
p.(None): discrimination of any kind. The functions of the civilian security organs constitute a concurrent competence with
p.(None): those of the States and Municipalities, on the terms established in this Constitution and the law.
p.(None):
p.(None): TITLE VIII PROTECTION OF THE CONSTITUTION
p.(None):
p.(None): Chapter 1
p.(None): Guarantee of the Constitution
p.(None):
...
Social / Threat of Stigma
Searching for indicator threat:
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p.(None): which an alternate route must be provided. Venezuelans* shall enter the country without need for authorization of
p.(None): any kind. No act of the Public Power may establish against Venezuelans* the penalty of banishment from the
p.(None): national territory.
p.(None):
p.(None): Article 51: Everyone has the right to petition or make representations before any authority or public
p.(None): official* concerning matters within their competence, and to obtain a timely and adequate response. Whoever
p.(None): violates this right shall be punished in accordance with law, including the possibility of dismissal from
p.(None): office.
p.(None):
p.(None): Article 52: Everyone has the right to assemble for lawful purposes, in accordance with law. The State is obligated to
p.(None): facilitate the exercise of this right.
p.(None):
p.(None): Article 53: Everyone has the right to meet publicly or privately, without obtaining permission in
p.(None): advance, for lawful purposes and without weapons. Meetings in public places may be regulated by law.
p.(None):
p.(None): Article 54: No person shall be subjected to slavery or servitude. Traffic of persons, in particular women, children*
p.(None): and adolescents, in any form, shall be subject to the penalties prescribes by law.
p.(None):
p.(None): Article 55: Every person has the right to protection by the State, through the citizen safety organs
p.(None): regulated by law, from situations that affect or constitute a threat, vulnerability or risk to the
p.(None): physical integrity of individuals, their properties, the enjoyment of rights or the Fulfillment of duties.
p.(None): Participation by citizens* in programs for purposes of prevention, citizen safety and emergency management shall be
p.(None): regulated by a special law. The State's security corps shall respect the human dignity and rights of all persons. The
p.(None): use of weapons or toxic substances by police and security officers shall be limited by the principles of
p.(None): necessity, convenience, opportunity and proportionality in accordance with law.
p.(None):
p.(None): Article 56: Every person has the right to his own name, to the summates of his father and mother, and to know the
p.(None): identity of the latter. The State guarantees the right to investigates maternity and paternity. All persons
p.(None): have the right to be registered free of charge with the Civil Registry Office after birth, and to obtain
p.(None): public documents constituting evidence of their biological identity, in accordance with law. Such
p.(None): documents shall not contain any mention classifying the parental relationship.
p.(None):
p.(None): Article 57: Everyone has the right to express freely his or her thoughts, ideas or opinions orally, in writing or by
p.(None): any other form of expression, and to use for such purpose any means of communication and diffusion, and no censorship
p.(None): shall be established. Anyone making use of this right assumes full responsibility for everything expressed. Anonymity,
p.(None):
...
Social / Trade Union Membership
Searching for indicator union:
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p.(None): accordance with law. International adoption shall be subordinated to domestic adoption.
p.(None):
p.(None): Article 76: Motherhood and fatherhood are fully protected, whatever the marital status of the mother or father. Couples
p.(None): have the right to decide freely and responsibly how many children* they wish to conceive, and are entitled to access to
p.(None): the information and means necessary to guarantee the exercise of this right. The State guarantees overall assistance
p.(None): and protection for motherhood, in general, from the moment of conception, throughout pregnancy, delivery and the
p.(None): puerperal period, and guarantees full family planning services based on ethical and scientific values. The father
p.(None): and mother have the shared and inescapable obligation of raising, training, educating, maintaining and caring
p.(None): for their children*, and the latter have the duty to provide care when the former are unable to do so by themselves.
p.(None): The necessary and proper measures to guarantee the enforceability of the obligation to provide alimony shall be
p.(None): established by law.
p.(None):
p.(None): Article 77: Marriage, which is based on free consent and absolute equality of rights and obligations of the spouses,
p.(None): is protected. A stable de facto union between a man and a woman which meets the requirements established by
p.(None): law shall have the same effects as marriage.
p.(None):
p.(None): Article 78: Children* and adolescents are full legal persons and shall be protected by specialized courts,
p.(None): organs and legislation, which shall respect, guarantee and develop the contents of this Constitution, the law, the
p.(None): Convention on Children's Rights and any other international treaty that may have been executed and ratified by the
p.(None): Republic in this field. The State, families and society shall guarantee full protection as an absolute
p.(None): priority, taking into account their best interest in actions and decisions concerning them. The State shall promote
p.(None): their progressive incorporation into active citizenship, and shall create a national guidance system for the
p.(None): overall protection of children* and adolescents.
p.(None):
p.(None): Article 79: Young people have the right and duty to be active participants in the development process.
p.(None): The State, with the joint participation of families and society, shall create opportunities to stimulate their
p.(None): productive transition into adult life, including in particular training for and access to their first employment,
p.(None): in accordance with law.
p.(None):
p.(None): Article 80: The State shall guarantee senior citizens* the full exercise of their rights and guarantees. The State,
...
p.(None): workers* in both the public and the private sector a vital minimum salary which shall be adjusted each year,
p.(None): taking as one of the references the cost of a basic market basket. The form and procedure to be followed,
p.(None): shall be established by law. Article 92: All workers* have the right to benefits to compensate them for
p.(None): length of service and protect them in the event of dismissal. Salary and benefits are labor obligations due and payable
p.(None): immediately upon accrual. Any delay in payment
p.(None):
p.(None): of the same shall bear interest, which constitutes a debt certain and shall enjoy the same privileges and guarantees as
p.(None): the principal debt.
p.(None):
p.(None): Article 93: Stable employment shall be guaranteed by law, with provisions as appropriate to
p.(None): restrict any form of unjustified dismissal. Dismissals contrary to this Constitution are null and void.
p.(None):
p.(None): Article 94: The liability of the natural or juridical person for whose benefit services are provided through an
p.(None): intermediary or contractor shall be determined by law, without prejudice to the job and severance liability of
p.(None): the latter. The State shall establish, through the competent organ, the liability to which employers* in general are
p.(None): subject in the event of simulation or fraud for the purpose of distorting, disregarding or impeding the
p.(None): application of labor legislation.
p.(None):
p.(None): Article 95: Workers*, without distinction of any kind and without need for authorization in advance, have the right
p.(None): freely to establish such union organizations as they may deem appropriate for the optimum protection of their rights
p.(None): and interests, as well as the right to join or not to join the same, in accordance with law. These organizations are
p.(None): not subject to administrative dissolution, suspension or intervention. Workers are protected against any act of
p.(None): discrimination or interference contrary to the exercise of this right. The promoters* and the members* of the
p.(None): board of directors of the union enjoy immunity from dismissal from their employment for the period and on the terms
p.(None): required to enable them to carry out their functions. For purposes of the exercise of union democracy, the bylaws and
p.(None): regulations of union organizations, shall provide for the replacement of boards of directors* and
p.(None): representatives by universal, direct and secret suffrage. Any union leaders* and representatives who abuse
p.(None): the benefits deriving from union freedom for their personal gain or benefit shall be punished in
p.(None): accordance with law. Boards of directors members* of union organizations shall be required to file a sworn
p.(None): statement of assets.
p.(None):
p.(None): Article 96: All employees* in both public and the private sector have the right to voluntary collective
p.(None): bargaining and to enter into collective bargaining agreements, subject only to such restrictions as may be
p.(None): established by law. The State guarantees this process, and shall establish appropriate provisions to encourage
p.(None): collective relations and the resolution of labor conflicts. Collective bargaining agreements cover all
p.(None): workers* who are active* as of the time they are signed, and those hired thereafter.
p.(None):
p.(None): Article 97: All workers in the public and private sector have the right to strike, subject to such conditions as may be
p.(None): established by law.
p.(None):
p.(None): Chapter VI
p.(None): Culture and Educational Rights
p.(None):
p.(None): Article 98: Cultural creation is free. This freedom includes the right to invest in, produce and disseminate the
p.(None): creative, scientific, technical and humanistic work, as well as legal protection of the author's* rights in his
p.(None): works. The State recognizes and protects
p.(None):
p.(None): intellectual property rights in scientific, literary and artistic works, inventions, innovations,
p.(None): trade names, patents, trademarks and slogans, in accordance with the conditions and exceptions established by
p.(None): law and the international treaties executed and ratified by the Republic in this field.
p.(None):
...
p.(None): Section Five: International Relations
p.(None):
p.(None): Article 152: The international relations of the Republic serve the ends of the State as a function of the exercise of
p.(None): sovereignty and the interests of the people; they are governed by the principles of independence, equality between
p.(None): States, free self-determination and nonintervention in their internal affairs, the peaceful resolution of
p.(None): international conflicts, cooperation, respect of human rights and solidarity among peoples in the struggle
p.(None): for their liberation and the welfare of humanity. The Republic shall maintain the finest and most resolute defense
p.(None): of these principles and democratic practices in all international organs and institutions.
p.(None):
p.(None): Article 153: The Republic shall promote, and encourage Latin American and Caribbean integration, in the interest of
p.(None): advancing toward the creation of a community of nations, defending the region's economic, social, cultural,
p.(None): political and environmental interests. The Republic shall have the power to sign international treaties
p.(None): that implement and coordinate efforts to promote the common development of our nations, and to ensure the welfare of
p.(None): their peoples and the collective security of their inhabitants. To these ends, the Republic may transfer to
p.(None): supranational organizations, through treaties, the exercise of the necessary authorities to carry out these integration
p.(None): processes. In its policies of integration and union with Latin America and the Caribbean, the Republic shall
p.(None): give privileged status to relations with Bier American countries, striving to make this a common policy throughout our
p.(None): Latin America. Provisions adopted within the framework of integration agreements shall be regarded as an integral part
p.(None): of the legal order in force, and shall be applicable directly and with priority over internal legislation.
p.(None):
p.(None): Article 154: Treaties agreed to by the Republic must be approved by the National Assembly prior to their
p.(None): ratification by the President* of the Republic, with the exception of those which seek to perform or perfect
p.(None): pre-existing obligations of the Republic, apply principles expressly recognized by the Republic, perform
p.(None): ordinary acts in international relations or exercise powers expressly vested by law in the National Executive.
p.(None):
p.(None): Article 155: In the international agreements, treaties and conventions entered into by the Republic, a clause shall
p.(None): be inserted whereby the parties agree to resolve by peaceful means recognized under international law or
p.(None): agreed upon in advance between them, where this is the case, any controversies that may arise between them in
p.(None): connection with its interpretation or implementation, if not inappropriate and if it is permitted by the
p.(None): procedure to be followed in entering into the treaty, agreement or convention.
p.(None):
p.(None): Chapter 11
p.(None): Competence of National Public Power
p.(None):
p.(None): Article 156: Is of the competence of the National Public Power:
p.(None):
p.(None): (1) The international policy and actions of the Republic.
p.(None):
p.(None): (2) Defense and supreme vigilance of the general interests of the Republic, public peace keeping and the proper
...
p.(None): judicial circuits, in such manner and on such terms as may be established by law. The appointment and
p.(None): swearing in of judges shall be the responsibility of the Supreme Tribunal of Justice. Citizen participation in the
p.(None): process of selecting and designating judges* shall be guaranteed by law. Judges* shall be removed or suspended from
p.(None): office only through the procedures expressly provided for by law. Measures shall be taken by law to promote the
p.(None): professionalism of judges*, and the universities shall cooperate to this end, organizing their corresponding
p.(None): law schools curricula to specialized studies in judicial practice. Judges are personally liable, on such terms as
p.(None): may be determined by law, for unjustified omissions, delay or errors, for substantial failure to observe
p.(None): the rules of procedure, for denial of justice, for partiality and for the criminal offenses of bribery and
p.(None): prevarication in office.
p.(None):
p.(None): Article 256: In order to guarantee impartiality and independence in the exercise of their official functions,
p.(None): magistrates*, judges*, prosecutors* in the Office of Public Prosecutions and public defenders, from
p.(None): the date of their appointment until they leave office, shall not be permitted, otherwise than by exercising
p.(None): their right to vote, to engage in partisan political, professional association, trade union or similar
p.(None): activism; nor to engage in private activities for profit which are incompatible with their official functions, either
p.(None): directly or through any interposed person; nor to perform any other public functions, with the exception of
p.(None): educational activities. Judges* shall not be permitted to form associations among themselves
p.(None):
p.(None): Article 257: Procedure represents a fundamental instrument for the administration of justice. Procedural laws
p.(None): shall provide for the simplification, uniformity and efficiency of legal formalities, and shall adopt expeditious, oral
p.(None): and public procedures. Justice shall not be sacrificed because of the omission of nonessential formalities.
p.(None):
p.(None): Article 258: Justice of peace in communities shall be organized by law. Justices* of peace shall be
p.(None): elected by universal suffrage, directly and by secret ballot, in accordance with law. The law shall encourage
p.(None): arbitration, conciliation, mediation and any other alternative means for resolving conflicts.
p.(None):
p.(None): Article 259: Competence over contentious administrative law proceedings shall be vested in the Supreme
p.(None): Tribunal of Justice and such other courts as may be determined by law. Organs with jurisdiction in the field of
p.(None): contentious administrative law are competent to nullify general or individual administrative acts contrary to
p.(None): law, including cases of power deviation; to order the payment of sums of money and reparations for damages for whose
...
Social / Unemployment
Searching for indicator unemployment:
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p.(None): completeness, fairness, social integration and solidarity. The public health system gives priority to
p.(None): promoting health and preventing disease, guaranteeing prompt treatment and quality rehabilitation. Public health
p.(None): assets and services are the property of the State and shall not be privatized. The
p.(None):
p.(None): organized community has the right and duty to participate in the making of decisions concerning policy
p.(None): planning, implementation and control at public health institutions.
p.(None):
p.(None): Article 85: Financing of the public health system is the responsibility of the State, which shall integrate the
p.(None): revenue resources, mandatory Social Security contributions and any other sources of financing provided for by
p.(None): law. The State guarantees a health budget such as to make possible the attainment of health policy objectives.
p.(None): In coordination with universities and research centers, a national professional and technical training policy and a
p.(None): national industry to produce health care supplies shall be promoted and developed. The State shall regulate both
p.(None): public and private health care institutions. Article 86: All persons are entitled to Social Security as a
p.(None): nonprofit public service to guarantee health and protection in contingencies of maternity, fatherhood, illness,
p.(None): invalidity, catastrophic illness, disability, special needs, occupational risks, loss of employment, unemployment, old
p.(None): age, widowhood, loss of parents, housing, burdens deriving from family life, and any other social welfare
p.(None): circumstances. The State has the obligation and responsibility of ensuring the efficacy of this right,
p.(None): creating a universal and complete Social Security system, with joint, unitary, efficient and participatory
p.(None): financing from direct and indirect contributions. The lack of ability to contribute shall not be ground for excluding
p.(None): persons from protection by the system. Social Security financial resources shall not be used for other purposes. The
p.(None): mandatory assessments paid by employees to cover medical and health care services and other Social
p.(None): Security benefits shall be administered only for social purposes, under the guidance of the State. Any net
p.(None): remaining balances of capital allocated to health, education and Social Security shall be accumulated for distribution
p.(None): and contribution to those services. The Social Security system shall be ruled by a special organic law.
p.(None):
p.(None): Article 87: All persons have the right and duty to work. The State guarantees the adoption of the
p.(None): necessary measures so that every person shall be able to obtain productive work providing him or her with a dignified
p.(None): and decorous living and guarantee him or her the full exercise of this right. It is an objective of the
...
Social / Victim of Abuse
Searching for indicator victim:
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p.(None):
p.(None): (6) Any authority taking measures involving the deprivation of liberty must identify himself or herself.
p.(None):
p.(None): (7) No person shall remain under arrest after a release order has been issued by the competent
p.(None): authority or such person's sentence has been served.
p.(None):
p.(None): Article 45: The public authorities, whether military, civilian or of any other kind, even during a state of emergency,
p.(None): exception or restriction or guarantees, are prohibited from effecting, permitting or tolerating the forced
p.(None): disappearance of persons. An officer* receiving an order or instruction to carry it out, has the
p.(None): obligation not to obey, and to report the order or instruction to the competent authorities. The intellectual and
p.(None): physical perpetrators* accomplices and concealers* of the crimes of forced disappearance of a person, as
p.(None): well as any attempt to commit such offense, shall be punished in accordance with law.
p.(None):
p.(None): Article 46: Everyone is entitled to respect for his or her physical, mental and moral integrity,
p.(None): therefore:
p.(None):
p.(None): (1) No person shall be subjected to penalties, tortures, cruelty, inhuman or degrading treatment. Every victim
p.(None): of torture or cruel, inhumane or degrading treatment effected or tolerated by agents of the State
p.(None): has the right to rehabilitation.
p.(None):
p.(None): (2) Any person deprived of liberty shall be treated with respect due to the inherent dignity of the human being.
p.(None):
p.(None): (3) No person shall be subjected without his or her freely given consent to scientific experiments or medical or
p.(None): laboratory examinations, except when such person's life is in danger, or in any other circumstances as may
p.(None): be detained by law.
p.(None):
p.(None): (4) Any public official who, by reason of his official position, inflicts mistreatment or physical or mental
p.(None): suffering on any person or instigates or tolerates such treatment, shall be punished* in accordance with law.
p.(None):
p.(None): Article 47: A person's home and any private premise are inviolable. They may not be forcibly entered except
p.(None): by court order, to prevent the commission of a crime or carry out the decisions handed down by the
p.(None): courts in accordance with law, respecting human dignity in all cases. Any health inspections carried out in accordance
p.(None): with law shall be performed only after notice from the officials* ordering or carrying it out.
p.(None):
p.(None): Article 48: The secrecy and inviolability of private communications in all forms are guaranteed. The same
p.(None): may not be interfered with except by order of a competent court,
p.(None):
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Searching for indicator abuse:
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p.(None): and without discrimination of any kind, no renounceable, indivisible and interdependent enjoyment and
p.(None): exercise of human rights. Respect for and the guaranteeing of these rights is obligatory for the organs of
p.(None): Public Power, in accordance with the Constitution, the human rights treaties signed and ratified by the
p.(None): Republic and any laws developing the same.
p.(None):
p.(None): Article 20: Everyone has the right to the free development of his or her own personality, subject only to the
p.(None): limitations deriving from the rights of others and public and social order.
p.(None):
p.(None): Article 21: Al persons are equal before the law, and, consequently:
p.(None):
p.(None): 1. No discrimination based on race, sex, creed or social standing shall be permitted, nor, in general, any
p.(None): discrimination with the intent or effect of nullifying or encroaching upon the recognition, enjoyment or exercise, on
p.(None): equal terms, of the rights and liberties of every individual.
p.(None):
p.(None): 2. The law shall guarantee legal and administrative conditions such as to make equality before the law real and
p.(None): effective manner; shall adopt affirmative measures for the benefit of any group that is discriminated
p.(None): against, marginalized or vulnerable; shall protect in particular those persons who, because of any of the
p.(None): aforementioned circumstances, are in a manifestly weak position; and shall punish those who abuse or mistreat
p.(None): such persons.
p.(None):
p.(None): 3. People will only be officially addressed as Citizens, except for diplomatic forms.
p.(None):
p.(None): 4. No titles of nobility or hereditary distinctions shall be recognized.
p.(None):
p.(None): Article 22: The recitation of rights and guarantees contained in this Constitution and in international instruments
p.(None): concerning human rights are not to be understood as negating others inherent to individuals, not expressly mentioned in
p.(None): such recitation. The absence of a law regulating these rights shall not adversely affect the exercise thereof.
p.(None):
p.(None): Article 23: The treaties, pacts and conventions relating human rights which have been executed and ratified by
p.(None): Venezuela have a constitutional rank, and prevail over internal legislation, insofar as they contain provisions
p.(None): concerning the enjoyment and exercise of such rights that are more favorable than those established by this
p.(None): Constitution and the laws of the Republic, and shall be immediately and directly applied by the courts
p.(None): and other organs of the Public Power.
p.(None):
p.(None): Article 24: No legislative provision shall have retroactive effect, except where it imposes a lesser penalty.
p.(None): Procedural laws shall apply from the moment they go into effect, even to proceedings already in progress; however,
p.(None): in criminal proceedings, evidence already admitted shall be weighed in accordance with the laws that were
p.(None): in effect when the evidence was admitted, insofar as this benefits the defendant. When there are doubts as to the
p.(None): rule of law that is to be applied, the most beneficial to the defendant will prevail.
p.(None):
...
p.(None): the latter. The State shall establish, through the competent organ, the liability to which employers* in general are
p.(None): subject in the event of simulation or fraud for the purpose of distorting, disregarding or impeding the
p.(None): application of labor legislation.
p.(None):
p.(None): Article 95: Workers*, without distinction of any kind and without need for authorization in advance, have the right
p.(None): freely to establish such union organizations as they may deem appropriate for the optimum protection of their rights
p.(None): and interests, as well as the right to join or not to join the same, in accordance with law. These organizations are
p.(None): not subject to administrative dissolution, suspension or intervention. Workers are protected against any act of
p.(None): discrimination or interference contrary to the exercise of this right. The promoters* and the members* of the
p.(None): board of directors of the union enjoy immunity from dismissal from their employment for the period and on the terms
p.(None): required to enable them to carry out their functions. For purposes of the exercise of union democracy, the bylaws and
p.(None): regulations of union organizations, shall provide for the replacement of boards of directors* and
p.(None): representatives by universal, direct and secret suffrage. Any union leaders* and representatives who abuse
p.(None): the benefits deriving from union freedom for their personal gain or benefit shall be punished in
p.(None): accordance with law. Boards of directors members* of union organizations shall be required to file a sworn
p.(None): statement of assets.
p.(None):
p.(None): Article 96: All employees* in both public and the private sector have the right to voluntary collective
p.(None): bargaining and to enter into collective bargaining agreements, subject only to such restrictions as may be
p.(None): established by law. The State guarantees this process, and shall establish appropriate provisions to encourage
p.(None): collective relations and the resolution of labor conflicts. Collective bargaining agreements cover all
p.(None): workers* who are active* as of the time they are signed, and those hired thereafter.
p.(None):
p.(None): Article 97: All workers in the public and private sector have the right to strike, subject to such conditions as may be
p.(None): established by law.
p.(None):
p.(None): Chapter VI
p.(None): Culture and Educational Rights
p.(None):
p.(None): Article 98: Cultural creation is free. This freedom includes the right to invest in, produce and disseminate the
p.(None): creative, scientific, technical and humanistic work, as well as legal protection of the author's* rights in his
p.(None): works. The State recognizes and protects
p.(None):
...
p.(None): private sector, in accordance with law. Incentives and inducements shall be established. for the persons, institutions
p.(None): and communities that promote athletes and develop or finance sports activities, plans and programs
p.(None): in the country.
p.(None):
p.(None): Chapter VII
p.(None): Economic Rights
p.(None):
p.(None): Article 112: All persons may devote themselves freely to the economic activity of their choice, subject only to the
p.(None): limitations provided for in this Constitution and those established by law for reasons of human
p.(None): development, security, health, environmental protection or other reasons in the social interest. The State
p.(None): shall promote private initiative, guaranteeing the creation and fair distribution of wealth, as well as
p.(None): the production of goods and services that meet the needs of the populace, freedom of work, enterprise, commerce,
p.(None): industry, without prejudice to the power of the State to promulgate
p.(None):
p.(None): measures to plan, rationalize and regulate the economy and promote the overall development of the
p.(None): country.
p.(None):
p.(None): Article 113: Monopolies shall not be permitted. Any act, activity, conduct or agreement of private individuals*
p.(None): which is intended to establish a monopoly or which leads by reason of its actual effects to the existence of
p.(None): a monopoly, regardless of the intentions of the persons involved, and whatever the form it actually takes, is hereby
p.(None): declared contrary to the fundamental principles of this Constitution. Also contrary to such principles is
p.(None): abuse of a position of dominance which a private individual, a group of individuals or a business enterprise or group
p.(None): of enterprises acquires or has acquired in a given market of goods or services, regardless of what factors caused such
p.(None): position of dominance, as well as in the event of a concentration of demand. In all of the cases indicated, the State
p.(None): shall be required to adopt such measures as may be necessary to prevent the harmful and restrictive
p.(None): effects of monopoly, abuse of a position of dominance and a concentration of demand, with the purpose of
p.(None): protecting consumers and producers* and ensuring the existence of genuine competitive conditions in
p.(None): the economy. In the case of the exploitation of natural resources which are the property of the Nation or
p.(None): the providing of services of a public nature, on an exclusive basis or otherwise, the State shall grant
p.(None): concessions for a certain period, in all cases ensuring the existence of adequate consideration or
p.(None): compensation to serve the public interest.
p.(None):
p.(None): Article 114: Economic crime, speculation, hoarding, usury, the formation of cartels and other related offenses, shall
p.(None): be punished severely in accordance with law.
p.(None):
p.(None): Article 115: The right of property is guaranteed. Every person has the right to the use, enjoyment, usufruct and
p.(None): disposal of his or her goods. Property shall be subject to such contributions, restrictions and obligations as may be
p.(None): established by law in the service of the public or general interest. Only for reasons of public benefit or social
p.(None): interest by final judgment, with timely payment of fair compensation, the expropriation of any kind of
p.(None): property may be declared.
p.(None):
p.(None): Article 116: Confiscation of property shall not be ordered and carried out, but in the cases permitted by
...
p.(None): the law, in Fulfillment of the States commitments to the general welfare of society, do not preclude the
p.(None): obligations which, by virtue of solidarity, social responsibility and humanitarian assistance, are
p.(None): incumbent upon private individuals according to their abilities. Appropriate provisions shall be enacted by law to
p.(None): compel the Fulfillment of these obligations in those cases in which such compulsion is necessary. Those
p.(None): aspiring to practice any profession have a duty to perform community service for such period, in such place and on such
p.(None): terms as may be provided for by law.
p.(None):
p.(None): TITLE IV PUBLIC POWER
p.(None): Chapter 1
p.(None): Fundamental Provisions
p.(None): Section One: General Provisions
p.(None):
p.(None): Article 136: Public Power is distributed among Municipal Power, that of the States Power and National
p.(None): Power. National Public Power is divided into Legislative, Executive, Judicial, Citizen and Electoral. Each of the
p.(None): branches of Public Power has its own functions, but the organs charged with exercising the same shall
p.(None): cooperate with one another in attaining the ends of the State.
p.(None):
p.(None): Article 137: The Constitution and the law shall define the authorities of the organs, which exercise
p.(None): Public Power, and the activities carried on by such organs shall be subject to the same.
p.(None):
p.(None): Article 138: An usurped authority is of no effect, and its acts are null and void.
p.(None):
p.(None): Article 139: The exercise of Public Power gives rise to individual liability for abuse or misapplication of power, or
p.(None): for violation of this Constitution or the law.
p.(None):
p.(None): Article 140: The State shall be financially liable for any damages suffered by private individuals to
p.(None): any of their property or rights, provided the harm is imputable to the functioning of Public
p.(None): Administration.
p.(None):
p.(None): Section Two: Public Administration
p.(None):
p.(None): Article 141: Public Administration is at the service of the citizen* and is based on the principles of honesty,
p.(None): participation, expeditiousness, efficacy, efficiency, transparency, accountability and responsibility in the
p.(None): performance of public functions, being fully subject to the law and to the right.
p.(None):
p.(None): Article 142: Autonomous institutions can be created only by law. Such institutions, as well as public interests in
p.(None): foundations or organs of any nature, shall be subject to State Control in such form as may be established by law.
p.(None):
p.(None): Article 143: Citizens* have the right to be informed by Public Administration, in a timely and truthful
p.(None): manner, of the status of proceedings in which they have a direct interest, and to be apprised of any final
p.(None): decisions adopted in the matter. Likewise, they have access to administrative files and records, without prejudice to
p.(None): the limits acceptable in a democratic society in matters relating to internal and external security,
p.(None): criminal, investigation and the intimacy of private life, in accordance with law regulating the matter of
...
p.(None): and guarantees established under this Constitution and international treaties on human rights, in addition
p.(None): to defending the legitimate, collective and diffuse interest of the citizens*. The People Defender's Office
p.(None): shall act under the direction and responsibility of the People Defender*, who shall be designated to serve for a
p.(None): single seven-year term. The People Defender must be a Venezuelan national over the age of 30 years, with manifest and
p.(None): proven competence in the field of human rights, and must meet with such requirements as to honesty, ethics and
p.(None): morality as may be established by law. If the People Defender is temporarily or permanently unavailable to serve,
p.(None): the vacancy shall be filled in accordance with applicable provisions of law.
p.(None):
p.(None): Article 281: The following are functions of the People Defender:
p.(None):
p.(None): (1) To see that the human rights provided for in this Constitution and in the international treaties, agreements
p.(None): and conventions on human rights ratified by the Republic are effectively respected and guaranteed,
p.(None): investigating either on his own initiative or at the request of any denunciation of which he or
p.(None): she becomes aware.
p.(None):
p.(None): (2) To see to the proper functioning of public services; protect and defend the legitimate, collective and diffuse
p.(None): rights and interests of persons against arbitrary acts, abuse of authority and errors committed in the providing of
p.(None): such public services, filing when appropriate, any actions to demand that the State compensate parties subject to its
p.(None): administrative actions for any damages that may have been caused them in connection with the
p.(None): functioning of such public services.
p.(None):
p.(None): (3) To file unconstitutionality actions, summary constitutional remedies, habeas corpus, habeas data and any
p.(None): other actions or motions necessary in order to exercise the powers indicated above, where proper in accordance with
p.(None): law.
p.(None):
p.(None): (4) To urge the General Prosecutor* of the Republic to pursue any appropriate actions or motions against
p.(None): public Officials* responsible for violations of or encroachment upon human rights.
p.(None):
p.(None): (5) To ask the Republican Ethic Council to take the appropriate measures with regard to public officials*
p.(None): responsible for violations of or encroachment upon human rights.
p.(None):
p.(None): (6) To ask the competent authority to apply appropriate corrective and punitive measures in cases involving
p.(None): violations of the rights of consumers and users, in accordance with law.
p.(None):
p.(None): (7) To submit to legislative organs at the municipal, state or national levels, bills or other
p.(None): initiatives for the progressive protection of human rights.
p.(None):
...
Social / Women
Searching for indicator women:
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p.(None):
p.(None): Article 50: Everyone shall freely transit by any means throughout the national territory, to change his or her domicile
p.(None): and residence, to leave and return to the Republic, to move his or her goods or belongings within the country and to
p.(None): bring his or her goods into or remove them from the country, subject only to such limitations as may be prescribes by
p.(None): law. In cases involving the granting of a concession, the law shall provide for the circumstances in
p.(None): which an alternate route must be provided. Venezuelans* shall enter the country without need for authorization of
p.(None): any kind. No act of the Public Power may establish against Venezuelans* the penalty of banishment from the
p.(None): national territory.
p.(None):
p.(None): Article 51: Everyone has the right to petition or make representations before any authority or public
p.(None): official* concerning matters within their competence, and to obtain a timely and adequate response. Whoever
p.(None): violates this right shall be punished in accordance with law, including the possibility of dismissal from
p.(None): office.
p.(None):
p.(None): Article 52: Everyone has the right to assemble for lawful purposes, in accordance with law. The State is obligated to
p.(None): facilitate the exercise of this right.
p.(None):
p.(None): Article 53: Everyone has the right to meet publicly or privately, without obtaining permission in
p.(None): advance, for lawful purposes and without weapons. Meetings in public places may be regulated by law.
p.(None):
p.(None): Article 54: No person shall be subjected to slavery or servitude. Traffic of persons, in particular women, children*
p.(None): and adolescents, in any form, shall be subject to the penalties prescribes by law.
p.(None):
p.(None): Article 55: Every person has the right to protection by the State, through the citizen safety organs
p.(None): regulated by law, from situations that affect or constitute a threat, vulnerability or risk to the
p.(None): physical integrity of individuals, their properties, the enjoyment of rights or the Fulfillment of duties.
p.(None): Participation by citizens* in programs for purposes of prevention, citizen safety and emergency management shall be
p.(None): regulated by a special law. The State's security corps shall respect the human dignity and rights of all persons. The
p.(None): use of weapons or toxic substances by police and security officers shall be limited by the principles of
p.(None): necessity, convenience, opportunity and proportionality in accordance with law.
p.(None):
p.(None): Article 56: Every person has the right to his own name, to the summates of his father and mother, and to know the
p.(None): identity of the latter. The State guarantees the right to investigates maternity and paternity. All persons
p.(None): have the right to be registered free of charge with the Civil Registry Office after birth, and to obtain
p.(None): public documents constituting evidence of their biological identity, in accordance with law. Such
...
p.(None): mandatory assessments paid by employees to cover medical and health care services and other Social
p.(None): Security benefits shall be administered only for social purposes, under the guidance of the State. Any net
p.(None): remaining balances of capital allocated to health, education and Social Security shall be accumulated for distribution
p.(None): and contribution to those services. The Social Security system shall be ruled by a special organic law.
p.(None):
p.(None): Article 87: All persons have the right and duty to work. The State guarantees the adoption of the
p.(None): necessary measures so that every person shall be able to obtain productive work providing him or her with a dignified
p.(None): and decorous living and guarantee him or her the full exercise of this right. It is an objective of the
p.(None): State to promote employment. Measures tending to guarantee the exercise of the labor rights of self employed persons
p.(None): shall be adopted by law. Freedom to work shall be subject only to such restrictions as may be established by law.
p.(None): Every employer* shall guarantee employees* adequate safety, hygienic and environmental conditions on the job.
p.(None): The State shall adopt measures and create institutions such as to make it possible to control and promote these
p.(None): conditions.
p.(None):
p.(None): Article 88: The State guarantees the equality and equitable treatment of men and women in the exercise of the right to
p.(None): work. The state recognizes work at home as an economic activity that creates added value and produces social welfare
p.(None): and wealth. Housewives are entitled to Social Security in accordance with law.
p.(None):
p.(None): Article 89: Work is a social fact and shall enjoy the protection of the State. The law shall make the necessary
p.(None): provisions for improving the material, moral and intellectual conditions of workers*. In order to fulfill
p.(None): this duty of the State, the following principles are established:
p.(None):
p.(None): (1) No law shall establish provisions that affect the intactness and progressive nature of labor rights and
p.(None): benefits. In labor relations, reality shall prevail over forms or appearances.
p.(None):
p.(None): (2) Labor rights are unrenounceable; any action, agreement or convention involving a waiver of or encroachment upon
p.(None): these rights is null and void. Concessions and settlements are possible only at the end of the
p.(None): employment relationship, in accordance with the requirements established by law.
p.(None):
p.(None): (3) When there are doubts concerning application or conflicts among several rules, or in the
p.(None): interpretation of a particular rule, that most favorable to the worker shall be applied. The rule applied must be
p.(None): applied in its entirety.
p.(None):
p.(None): (4) Any measure or act on the part of an employer in violation of this Constitution is null and void, and
p.(None): of no effect.
p.(None):
...
Social / Youth/Minors
Searching for indicator minor:
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p.(None): by birth, provided they have established residence within the territory of the Republic or declared their intention
p.(None): to obtain the Venezuelan nationality.
p.(None):
p.(None): (4) Any person who was born in a foreign territory, and is the child of a father or a mother who is Venezuelan
p.(None): by naturalization, provided that prior to reaching the age of 18, they establish their residence within
p.(None): the territory of the Republic, and before reaching the age of 25 declare their intention to obtain the Venezuelan
p.(None): nationality.
p.(None):
p.(None): Article 33: Are considered Venezuelans* by naturalization:
p.(None):
p.(None): (1) Foreign nationals* who obtain a naturalization letter. In order to do so, they must have at least ten years of
p.(None): uninterrupted residence immediately preceding the application date.
p.(None):
p.(None): (2) The period of residence shall be reduced to five years in the case of foreign nationals whose original
p.(None): nationality is that of Spain, Portugal, Italy, or a Latin American or Caribbean country.
p.(None):
p.(None): (3) Foreign nationals* who marry a Venezuelan*, upon declaring their wish to adopt the Venezuelan nationality,
p.(None): which may be done at least five years after the date of marriage.
p.(None):
p.(None): (4) Minors of foreign nationality, on the date of the naturalization of one of his/her parent who exercises
p.(None): parental authority, provided that such minor declares his or her intention of adopting the Venezuelan nationality
p.(None): before reaching the age of 21, and has resided in Venezuela without interruption throughout the five-year
p.(None): period preceding such declaration.
p.(None):
p.(None): Article 34: The Venezuelan nationality is not lost upon electing or acquiring another nationality.
p.(None):
p.(None): Article 35: Venezuelans* by birth cannot be deprived of their nationality. The Venezuelan
p.(None): nationality by naturalization can be revoked only by a judgment handed down by a court in accordance with
p.(None): law.
p.(None):
p.(None): Article 36: Venezuelan nationality may be renounced. A person who renounces the Venezuelan nationality by
p.(None): birth may regain such nationality if he or she establishes a residence within the territory of the
p.(None): Republic for a period of at least two years, and expresses the intention of regaining the
p.(None): Venezuelan nationality. Naturalized Venezuelans* who renounce the Venezuelan nationality may regain it by again
p.(None): meeting the requirements prescribed under article 33 of this Constitution.
p.(None):
p.(None): Article 37: The State shall promote the celebration of international treaties related to nationality,
p.(None): especially with the bordering countries and those indicated in item 2 of Article 33 of this Constitution.
p.(None):
p.(None): Article 38: The substantive and procedural rules relating to the acquisition, election, renunciation and
p.(None): recovery of the Venezuelan nationality, as well as the revocation and withdrawal of naturalization, shall be
p.(None): determined by law, in compliance with the foregoing provisions.
p.(None):
...
Social / education
Searching for indicator education:
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p.(None): Constitution of the Bolivarian Republic of Venezuela
p.(None): (in English translation from the original legal text) NATIONAL CONSTITUENT ASSEMBLY PREAMBLE
p.(None): The people of Venezuela, exercising their powers of creation and invoking the protection of God, the historic
p.(None): example of our Liberator Simon Bolivar and the heroism and sacrifice of our aboriginal ancestors and the
p.(None): forerunners and founders of a free and sovereign nation; to the supreme end of reshaping the Republic to
p.(None): establish a democratic, participatory and self-reliant, multiethnic and multicultural society in a just, federal and
p.(None): decentralized State that embodies the values of freedom, independence, peace, solidarity, the common good, the nation's
p.(None): territorial integrity, comity and the rule of law for this and future generations; guarantees the right to life, work,
p.(None): learning, education, social justice and equality, without discrimination or subordination of any kind;
p.(None): promotes peaceful cooperation among nations and furthers and strengthens Latin American integration in
p.(None): accordance with the principle of nonintervention and national self-determination of the people, the universal and
p.(None): indivisible guarantee of human rights, the democratization of imitational society, nuclear disarmament, ecological
p.(None): balance and environmental resources as the common and inalienable heritage of humanity; exercising their
p.(None): innate power through their representatives comprising the National Constituent Assembly, by their freely cast
p.(None): vote and in a democratic Referendum, hereby ordain the following:
p.(None):
p.(None): CONSTITUTION TITLE 1
p.(None): FUNDAMENTAL PRINCIPLES
p.(None):
p.(None): Article 1: The Bolivarian Republic of Venezuela is irrevocably free and independent, basing its moral
p.(None): property and values of freedom, equality, justice and international peace on the doctrine of Simon Bolivar, the
p.(None): Liberator. Independence, liberty, sovereignty, immunity, territorial integrity and national self-determination are
p.(None): unrenounceable rights of the Nation.
p.(None):
p.(None): Article 2: Venezuela constitutes itself as a Democratic and Social State of Law and Justice, which holds
p.(None): as superior values of its legal order and actions those of life, liberty, justice, equality, solidarity,
p.(None): democracy, social responsibility and, in general, the preeminence of human rights, ethics and political
p.(None): pluralism.
p.(None):
p.(None): Article 3: The essential purposes of the State are the protection and development of the individual and respect for the
p.(None): dignity of the individual, the democratic exercise of the will of the people, the building of a just and peace
p.(None): loving society, the furtherance of the prosperity and welfare of the people and the guaranteeing of the
p.(None): Fulfillment of the
p.(None):
p.(None): principles, rights and duties established in this Constitution. Education and work are the fundamental processes for
p.(None): guaranteeing these purposes.
p.(None):
p.(None): Article 4: The Bolivarian Republic of Venezuela is a decentralized Federal State on the terms set forth in this
p.(None): Constitution, governed by the principles of territorial integrity, cooperation, solidarity, attendance and
p.(None): shared responsibility.
p.(None):
p.(None): Article 5: Sovereignty resides untransferable in the people, who exercise it directly in the manner provided for in
p.(None): this Constitution and in the law, and indirectly, by suffrage, through the organs exercising Public Power. The
p.(None): organs of the State emanate from and are subject to the sovereignty of the people.
p.(None):
p.(None): Article 6: The government of the Bolivarian Republic of Venezuela and of the political organs comprising the same,
p.(None): is and shall always be democratic, participatory, elective, decentralized, alternative, responsible and
p.(None): pluralist, with revocable mandates.
p.(None):
p.(None): Article 7: The Constitution is the supreme law and foundation of the legal order. All persons and organs
p.(None): exercising Public Power are subject to this Constitution.
p.(None):
p.(None): Article 8: The national flag with its yellow, blue and red stripes, the National Anthem "Gloria al bravo pueblo"
p.(None): (Glory to the Brave People), and the coat of arms of the Republic are the symbols of the native land.
p.(None): Law shall regulate their characteristics, meaning and use.
p.(None):
...
p.(None):
p.(None): Section Two: Citizenship
p.(None):
p.(None): Article 39: Venezuelans* who are not subject to political disablement or civil interdiction, and
p.(None): meet the age requirements provided for in this Constitution, can exercise citizenship and therefore are entitled to
p.(None): political rights and duties in accordance to this Constitution.
p.(None):
p.(None): Article 40: Political rights are reserved to those who are Venezuelans*, with the exceptions established
p.(None): in this Constitution. Naturalized Venezuelans who have entered the country prior to reaching the age of
p.(None): seven years and have resided permanently in Venezuela until reaching legal age shall enjoy the same rights as
p.(None): Venezuelans by birth.
p.(None):
p.(None): Article 41: Only Venezuelans* by birth who have no other nationality shall be permitted to hold the offices of
p.(None): President* of the Republic, Executive Vice President, Chairman* and Vice-Chairman* of the National Assembly,
p.(None): Justices* of the Supreme Tribunal of Justice, Chairman* of the National Board of Elections, Attorney General of
p.(None): the Republic, Comptroller General* of the Republic, General Prosecutor* of the Republic, People
p.(None):
p.(None): Defender*, Ministers* with responsibilities relating to national security, finance, energy and mining or education;
p.(None): Governors* and Mayors* of border States and Municipalities and those contemplated under the Organic Law on the National
p.(None): Armed Forces. In order to hold the position of member* of the National Assembly, Minister* or Governors* and Mayors*
p.(None): of non-border States and Municipalities, naturalized Venezuelans must be domiciled in Venezuela with at
p.(None): least fifteen years of permanent residence, as well as meeting the capability requirements provided for by law.
p.(None):
p.(None): Article 42: Anyone who loses or renounces to nationality loses citizenship. The exercise of citizenship or any
p.(None): political rights can be suspended only by final judicial decision in the cases provided by law.
p.(None):
p.(None): Article 43: The right to life is inviolable. No law shall provide for the death penalty and no authority shall apply
p.(None): the same. The State shall protect the life of persons who are deprived of liberty, serving in the armed
p.(None): forces or civilian services, or otherwise subject to its authority.
p.(None):
p.(None): Article 44: Personal liberty is inviolable, therefore:
p.(None):
p.(None): (1) No person shall be arrested or detained except by virtue of a court order, unless such person is
p.(None): caught in fraganti. In the latter case, such person must be brought before a judge within forty-eight hours of
...
p.(None): restricting the ability of public officials* to report on matters for which they are responsible is prohibited.
p.(None):
p.(None): Article 58: Communications are free and plural, and involve the duties and responsibilities
p.(None): indicated by law. Everyone has the right to timely, truthful and impartial information, without censorship, in
p.(None): accordance with the principles of this Constitution, as well as the right to reply and corrections when they are
p.(None): directly affected by inaccurate or offensive information. Children* and adolescents have the right to receive
p.(None): adequate information for purposes of their overall development.
p.(None):
p.(None): Article 59: The State guarantees the freedom of cult and religion. All persons have the right to profess their
p.(None): religious faith and cults, and express their beliefs in private or in public, by teaching and other practices,
p.(None): provided such beliefs are not contrary to moral, good customs and public order. The autonomy and independence of
p.(None): religious confessions and churches is likewise guaranteed, subject only to such limitations as may derive from this
p.(None): Constitution and the law. Father and Mother are entitled to have their sons and daughters receive
p.(None): religious education in accordance with their convictions. No one shall invoke religious beliefs or discipline as
p.(None): a means of evading compliance with law or preventing another person* from exercising his or her rights.
p.(None):
p.(None): Article 60: Every person is entitled to protection of his or her honor, private life, intimacy,
p.(None): self-image, confidentiality and reputation. The use of electronic information shall be restricted by law
p.(None): in order to guarantee the personal and family intimacy and honor of citizens* and the full exercise of their
p.(None): rights.
p.(None):
p.(None): Article 61: All persons have the right to freedom of conscience, and to express the same except those practices
p.(None): affecting personality or constituting criminal offense. Objections of conscience may not be invoked in order to
p.(None): evade compliance with law or prevent others from complying with law or exercising their rights.
p.(None):
p.(None): Chapter IV
p.(None): Political Rights and Public Referenda Section One: Political Rights
p.(None):
p.(None): Article 62: All citizens* have the right to participate freely in public affairs, either directly or
p.(None): through their elected* representatives. The participation of the people in forming, carrying out and
p.(None): controlling the management of public affairs is the necessary way of achieving the involvement to ensure their complete
...
p.(None):
p.(None): Article 79: Young people have the right and duty to be active participants in the development process.
p.(None): The State, with the joint participation of families and society, shall create opportunities to stimulate their
p.(None): productive transition into adult life, including in particular training for and access to their first employment,
p.(None): in accordance with law.
p.(None):
p.(None): Article 80: The State shall guarantee senior citizens* the full exercise of their rights and guarantees. The State,
p.(None): with the joint participation of families and society, is obligated to respect their human dignity, autonomy and to
p.(None): guarantee them full care and social security benefits to improve and guarantee their quality of life. Pension and
p.(None): retirement benefits granted through the social security system shall not be less than the urban minimum
p.(None): salary. Senior citizens* shall be guaranteed to have the right to a proper work, if they indicate a
p.(None): desire to work and are capable to.
p.(None):
p.(None): Article 81: Any person with disability or special needs has the right to the full and autonomous
p.(None): exercise of his or her abilities and to its integration into the family and community. The State, with
p.(None): the joint participation of families and society, guarantees them respect for their human dignity, equality
p.(None): of opportunity and satisfactory working conditions, and shall promote their training, education and access
p.(None): to employment appropriate to their condition, in accordance with law. It is recognized that deaf persons have the
p.(None): right to express themselves and communicate through the Venezuelan sign language.
p.(None):
p.(None): Article 82: Every person has the right to adequate, safe and comfortable, hygienic housing, with
p.(None): appropriate essential basic services, including a habitat such as to humanize family, neighborhood and community
p.(None): relations. The progressive meeting of this requirement is the shared responsibility of citizens* and the
p.(None): State in all areas. The State shall give priority to families, and shall guarantee them, especially those
p.(None): with meager resources, the possibility of access to social policies and credit for the construction,
p.(None): purchase or enlargement of dwellings.
p.(None):
p.(None): Article 83: Health is a fundamental social right and the responsibility of the State, which shall guarantee it as part
p.(None): of the right to life. The State shall promote and develop policies oriented toward improving the quality of life,
p.(None): common welfare and access to services. All persons have the right to protection of health, as well as the duty to
p.(None): participate actively in the furtherance and protection of the same, and to comply with such health and hygiene measures
...
p.(None): nonprofit public service to guarantee health and protection in contingencies of maternity, fatherhood, illness,
p.(None): invalidity, catastrophic illness, disability, special needs, occupational risks, loss of employment, unemployment, old
p.(None): age, widowhood, loss of parents, housing, burdens deriving from family life, and any other social welfare
p.(None): circumstances. The State has the obligation and responsibility of ensuring the efficacy of this right,
p.(None): creating a universal and complete Social Security system, with joint, unitary, efficient and participatory
p.(None): financing from direct and indirect contributions. The lack of ability to contribute shall not be ground for excluding
p.(None): persons from protection by the system. Social Security financial resources shall not be used for other purposes. The
p.(None): mandatory assessments paid by employees to cover medical and health care services and other Social
p.(None): Security benefits shall be administered only for social purposes, under the guidance of the State. Any net
p.(None): remaining balances of capital allocated to health, education and Social Security shall be accumulated for distribution
p.(None): and contribution to those services. The Social Security system shall be ruled by a special organic law.
p.(None):
p.(None): Article 87: All persons have the right and duty to work. The State guarantees the adoption of the
p.(None): necessary measures so that every person shall be able to obtain productive work providing him or her with a dignified
p.(None): and decorous living and guarantee him or her the full exercise of this right. It is an objective of the
p.(None): State to promote employment. Measures tending to guarantee the exercise of the labor rights of self employed persons
p.(None): shall be adopted by law. Freedom to work shall be subject only to such restrictions as may be established by law.
p.(None): Every employer* shall guarantee employees* adequate safety, hygienic and environmental conditions on the job.
p.(None): The State shall adopt measures and create institutions such as to make it possible to control and promote these
p.(None): conditions.
p.(None):
p.(None): Article 88: The State guarantees the equality and equitable treatment of men and women in the exercise of the right to
p.(None): work. The state recognizes work at home as an economic activity that creates added value and produces social welfare
p.(None): and wealth. Housewives are entitled to Social Security in accordance with law.
p.(None):
p.(None): Article 89: Work is a social fact and shall enjoy the protection of the State. The law shall make the necessary
...
p.(None): limitations. Penalties and sanctions for damage caused to these assets shall be provided for by law.
p.(None):
p.(None): Article 100: The folk cultures comprising the national identity of Venezuela enjoy special attention, with
p.(None): recognition of and respect for intercultural relations under the principle of equality of cultures. Incentives
p.(None): and inducements shall be provided for by law for persons, institutions and communities which promote, support,
p.(None): develop or finance cultural plans, programs and activities within the country and Venezuelan culture abroad. The
p.(None): State guarantees cultural workers inclusion in the Social security system to provide them with a dignified life,
p.(None): recognizing the idiosyncrasies of cultural work, in accordance with law.
p.(None):
p.(None): Article 101: The State guarantees the issuance, receiving and circulation of cultural information. The
p.(None): communications media have the duty of assisting in the dissemination of the values of folk traditions and the
p.(None): work of artists, writers , composers*, motion- picture directors*, scientists* and other creators* of culture of
p.(None): the country. The television media shall include subtitles and translation into Venezuelan sign language for persons
p.(None): with hearing problems. The terms and modalities of these obligations, shall be established by law.
p.(None):
p.(None): Article 102: Education is a human right and a fundamental social duty; it is democratic, free of charge and obligatory.
p.(None): The State assumes responsibility for it as an irrevocable function of the greatest interest, at all levels and
p.(None): in all modes, as an instrument of scientific, humanistic and technical knowledge at the service of society.
p.(None): Education, is a public service, and is grounded on the respect for all currents of thought, to the end of developing
p.(None): the creative potential of every human being and the full exercise of his or her personality in a democratic society
p.(None): based on the work ethic value and on active, conscious and joint participation in the processes of social
p.(None): transformation embodied in the values which are part of the national identity, and with a Latin
p.(None): American and universal vision. The State, with the participation of families and society, promotes the process of
p.(None): civic education in accordance with the principles contained in this Constitution and in the laws.
p.(None):
p.(None): Article 103: Every person has the right to a full, high-quality, ongoing education under conditions and circumstances
p.(None): of equality, subject only to such limitations as derive from such persons own aptitudes, vocation and aspirations.
p.(None): Education is obligatory at all levels from maternal to the diversified secondary level. Education offered at State
p.(None): institutions is free of charge up to the undergraduate university level. To this end, the State shall make a priority
p.(None): investment in accordance with United Nations recommendations. The State shall create and sustain institutions and
p.(None): services sufficiently equipped to ensure the admission process, ongoing education and program completion in the
p.(None): education system. The law shall guarantee equal attention to persons with special needs or disabilities, and to
p.(None): those who have been deprived of liberty or do not meet the basic conditions for admission to and continuing
p.(None): enrollment in the education system. The contributions of private individuals to public education
p.(None): programs at the secondary and university levels shall be tax deductible in accordance with the pertinent law.
p.(None): Article 104: Persons of recognized good moral character and proven academic qualifications shall be
p.(None): placed in charge of education. The State shall encourage them to remain continuously up to date, and shall
p.(None): guarantee stability in the practice of the teaching profession, whether in public or private institutions,
p.(None): in accordance with this Constitution and the law, with working conditions and a standard of living commensurate
p.(None): with the importance of their mission. Admissions, promotion and continued enrollment in the education system shall be
p.(None): provided for by law, and shall be responsive to evaluation criteria based on merit, to the exclusion of
p.(None): any partisan or other nonacademic interference.
p.(None):
p.(None): Article 105: The professions requiring a degree and the conditions that must be met to practice them, including,
p.(None): professional organization membership, shall be determined by law.
p.(None):
p.(None): Article 106: Every natural or juridical person, subject, to demonstration of its ability and provided it meets at all
p.(None): times the ethical, academic, scientific, financial, infrastructure and any other requirements that may be established
p.(None): by law, shall be permitted to found and maintain private educational institutions under the strict inspection and
p.(None): vigilance of the State, with the prior approval of the latter.
p.(None):
p.(None): Article 107: Environmental education is obligatory in the various levels and modes of the education system, as well
p.(None): as in informal civil education. Spanish, Venezuelan geography and history and the principles of the Bolivarian
p.(None): thought shall be compulsory courses at public and private institutions up to the diversified cycle level.
p.(None):
p.(None): Article 108: The communications media, public and private, shall contribute to civil education. The State
p.(None): guarantees public radio and television services and library and computer networks, with a view to permitting
p.(None): universal access to information. Education centers are to incorporate knowledge and application of new
p.(None): technologies and the resulting innovations, in accordance with such requirements as may be established by law to this
p.(None): end.
p.(None):
p.(None): Article 109: The State shall recognize the autonomy of universities as a principle and status that
p.(None): allows teachers*, students* and graduates from its community, to devote themselves to the search for
p.(None): knowledge through research in the fields of science, humanistic and technology, for the spiritual
p.(None): and material benefit of the Nation. Autonomous universities shall adopt their own rules for their governance
p.(None): and operation and the efficient management of their property, under such control and vigilance as may be established by
p.(None): law to this end. Autonomy of universities is established in the planning, organization, preparation and updating of
p.(None): research, teaching and extension programs. The inviolability of the university campus is established.
p.(None): Experimental national universities shall attain their autonomy in accordance with law.
p.(None):
p.(None): Article 110: The State recognizes as being in the public interest science, technology, knowledge,
p.(None): innovation and the resulting applications, and the necessary information services, the same being fundamental
p.(None): instruments for the country's economic, social and political development, as well as for national sovereignty and
p.(None): security. To promote and develop these activities, the State shall allocate sufficient resources and shall
p.(None): create a national science and technology system in accordance with law. The private sector shall contribute with
p.(None): resources as well. The State shall guarantee the enforcement of the ethical and legal principles that are to
p.(None): govern research activities in science, humanism and technology. The manners and means of fulfilling this
p.(None): guarantee shall be determined by law.
p.(None):
p.(None): Article 111: All persons have a right to sports and recreation as activities beneficial to individual and collective
p.(None): quality of life. The State assumes responsibility for sports and recreation as an education and public health policy,
p.(None): and guarantees the resources for the furtherance thereof. Physical education and sports play a fundamental role in the
p.(None): overall education of childhood and adolescents. Instruction in the same is obligatory at all levels of public and
p.(None): private education up to the diversified cycle, with such exceptions as may be established by law. The State
p.(None): guarantees full attention to athletes* without discrimination of any kind, as well as support for
p.(None): high-level competitive sports and evaluation and regulation of sports organizations in both the public and the
p.(None): private sector, in accordance with law. Incentives and inducements shall be established. for the persons, institutions
p.(None): and communities that promote athletes and develop or finance sports activities, plans and programs
p.(None): in the country.
p.(None):
p.(None): Chapter VII
p.(None): Economic Rights
p.(None):
p.(None): Article 112: All persons may devote themselves freely to the economic activity of their choice, subject only to the
p.(None): limitations provided for in this Constitution and those established by law for reasons of human
p.(None): development, security, health, environmental protection or other reasons in the social interest. The State
p.(None): shall promote private initiative, guaranteeing the creation and fair distribution of wealth, as well as
p.(None): the production of goods and services that meet the needs of the populace, freedom of work, enterprise, commerce,
p.(None): industry, without prejudice to the power of the State to promulgate
p.(None):
p.(None): measures to plan, rationalize and regulate the economy and promote the overall development of the
p.(None): country.
p.(None):
p.(None): Article 113: Monopolies shall not be permitted. Any act, activity, conduct or agreement of private individuals*
p.(None): which is intended to establish a monopoly or which leads by reason of its actual effects to the existence of
...
p.(None): necessary to develop and guarantee their way of life. It shall be the responsibility of the National
p.(None): Executive, with the participation of the native peoples, to demarcate and guarantee the right to
p.(None): collective ownership of their lands, which shall be inalienable, not subject to the law of limitations or distrait, and
p.(None): nontransferable, in accordance with this Constitution and the law.
p.(None):
p.(None): Article 120: Exploitation by the State of the natural resources in native habitats shall be carried out without harming
p.(None): the cultural, social and economic integrity of such habitats, and likewise subject to prior information and
p.(None): consultation with the native communities concerned. Profits from such exploitation by the native peoples are
p.(None): subject to the Constitution and the law.
p.(None):
p.(None): Article 121: Native peoples have the right to maintain and develop their ethnical and cultural entity,
p.(None): world view, values, spirituality and holy places and places of cult. The State shall promote the appreciation
p.(None): and dissemination of the cultural manifestations of the native peoples, who have the right to their own education, and
p.(None): an education system of an intercultural and bilingual nature, taking into account their special social and cultural
p.(None): characteristics, values and traditions.
p.(None):
p.(None): Article 122: Native peoples have the right to a full health system that takes into consideration their
p.(None): practices and cultures. The State shall recognize their traditional medicine and supplementary forms of
p.(None): therapy, subject to principles of bioethics.
p.(None):
p.(None): Article 123: Native peoples have the right to maintain and promote their own economic practices based on
p.(None): reciprocity, solidarity and exchange; their traditional productive activities and their participation in the
p.(None): national economy, and to define their priorities. Native peoples have the right to professional training services
p.(None): and to participate in the preparation, implementation and management of specific training programs and technical and
p.(None): financial assistance services to strengthen their economic activities within the framework of sustainable
p.(None): local development. The State shall guarantee to workers belonging to native peoples the enjoyment of the rights
p.(None): granted under labor legislation.
p.(None):
p.(None):
p.(None): Article 124: Collective intellectual property rights in the knowledge, technologies and innovations of
...
p.(None): transactions, the collection and oversight of which is the responsibility of the Municipalities, in accordance with
p.(None): this Constitution.
p.(None):
p.(None): (15) The governance of foreign trade and the organization and governance of customs.
p.(None):
p.(None): (16) The governance and management of mines and hydrocarbons, the governance of vacant lands and the
p.(None): conservation, development and exploitation of forests, soil, water and other elements of the country's
p.(None): natural wealth.
p.(None):
p.(None): The National Executive shall not grant mining concessions for an indefinite period. The law shall
p.(None): establish an economic system of special financial assignments for the benefit of States within whose territory the
p.(None): assets mentioned in this section are located, without prejudice to the possibility of also establishing
p.(None): special appropriations for the benefit of other States.
p.(None):
p.(None): (17) The system of legal weights and measures and quality control.
p.(None):
p.(None): (18) National censuses and statistics.
p.(None):
p.(None): (19) The establishing, coordination and unification of technical standards and procedures for engineering,
p.(None): architectural and city planning projects, and city planning/zoning legislation.
p.(None):
p.(None): (20) Public works in the national interest.
p.(None):
p.(None): (21) The macroeconomic, financial and fiscal policies of the Republic.
p.(None):
p.(None): (22) The governance and organization of the Social Security System.
p.(None):
p.(None): (23) National policy and legislation in the fields of health, housing, food safety, the environment, waters, tourism,
p.(None): zoning and shipping.
p.(None):
p.(None): (24) National education and health policies and services.
p.(None):
p.(None): (25) National policies for agricultural, livestock, fisheries and forest production.
p.(None):
p.(None): (26) The national transportation and shipping system and air, overland, ocean, river and lake transportation
p.(None): of a national nature; ports, airports and their infrastructure.
p.(None):
p.(None): (27) The national highway and railway systems.
p.(None):
p.(None): (28) Governance of postal and telecommunications services, as well as governance and management of the
p.(None): electromagnetic spectrum.
p.(None):
p.(None): (29) General governance of residential public utility services, including in particular electricity, drinking water and
p.(None): gas.
p.(None):
p.(None): (30) Management of border policy with an overall vision of the country, such as to permit a Venezuelan presence and the
p.(None): maintenance of territory and sovereignty in these areas.
p.(None):
p.(None): (31) The organization and administration of justice at the national level, as well as the Office of General Prosecutor
p.(None): and the People Defender.
p.(None):
p.(None): (32) Legislation in the fields of constitutional guarantees, rights and duties; civil, mercantile,
p.(None): criminal, penological, procedural and private international law; election law; expropriation in the public
p.(None): interest or in the interest of society; public credit; intellectual, artistic and industrial property;
p.(None): cultural and archaeological heritage; agriculture; immigration and population; native people and the
...
p.(None): life, in particular the ordering and promotion of economic and social development, the equipping
p.(None): and providing of household public utility services, the application of policy with respect to these matters
p.(None):
p.(None): on a basis of fairness, justice and social interest content, according with delegation established on law
p.(None): related to this matter, the promotion of participation and improvement, in general, of living conditions in the
p.(None): community, in the following areas:
p.(None):
p.(None): (1) Territorial zoning and city planning matters; historic heritage; housing in the interest of society; local tourism;
p.(None): parks and gardens; plazas; bathing and other recreational areas; civil architecture, nomenclature and public
p.(None): ornament.
p.(None):
p.(None): (2) Urban roadways; circulation and ordering of vehicular and pedestrian traffic on municipal thoroughfares;
p.(None): urban public passenger * transportation services.
p.(None):
p.(None): (3) Public spectacles and commercial advertising, to the extent pertinent to specific municipal interests and purposes.
p.(None):
p.(None): (4) Protection of the environment and cooperation with environmental sanitation efforts; urban and
p.(None): household sanitation, including cleaning, waste collection and treatment and civil protection.
p.(None):
p.(None): (5) Healthiness and primary health care; services for the protection of infants and children, adolescents and
p.(None): senior citizens; preschool education; family services to integrate the disabled into the development of the
p.(None): community; cultural and sports activities and facilities. Prevention and protective services; surveillance
p.(None): and control of property and activities relating to matters within municipal competency.
p.(None):
p.(None): (6) Drinking water services, electricity and gas for household use, sewers. channeling and disposal of wastewater;
p.(None): cemeteries and funeral services.
p.(None):
p.(None): (7) Small claims courts, neighborhood prevention and protection and municipal police services, in
p.(None): accordance with applicable national legislation.
p.(None):
p.(None): (8) Any others with which Municipalities may be charged under the Constitution and by law. The actions that
p.(None): Municipalities have the power to take within the scope of their competence are without prejudice to national and
p.(None): state competence as defined by law in accordance with the Constitution.
p.(None):
p.(None): Article 179: Municipalities shall have the following revenues:
p.(None):
p.(None): (1) Those deriving from their capital assets, including the proceeds from their common lands and other property.
p.(None):
p.(None): (2) Charges for the use of their goods or services; administrative charges for licenses or authorizations; taxes on
p.(None): economic activities in the areas of industry, business and services, or those of similar kind, with
...
p.(None): Vacant land located within the urban area also becomes common land. However, this does not include land which
p.(None): is part of native communities. The mechanism for converting other public land into common land shall be established
p.(None): by law.
p.(None):
p.(None): Article 182: The Local Public Planning Council is hereby created, presided over by the Mayor* and consisting of
p.(None): municipal Council members, Chairpersons* of Parish Boards and representatives of neighborhood organizations and other
p.(None): organized social groups, in accordance with such provisions as may be established by law.
p.(None):
p.(None): Article 183: States and Municipalities shall not have the power to:
p.(None):
p.(None): (1) Create customs authorities or import, export or transit duties on domestic or foreign goods, or on
p.(None): other revenue sources under national competence.
p.(None):
p.(None): (2) Tax consumer goods before the same are marketed within their territory.
p.(None):
p.(None): (3) Prohibit the consumption of goods produced outside their territory, nor tax the same differently from those
p.(None): produced within their territory. States and Municipalities have the power to tax agriculture, livestock, fishing and
p.(None): forest activities only at the times, in the manner and to the extent permitted by national laws.
p.(None):
p.(None): Article 184: Open and flexible mechanisms shall be created by law to cause the States and Municipalities to
p.(None): decentralize and transfer to communities and organized neighborhood groups services the latter manage and
p.(None): demonstrate the ability to provide, promoting:
p.(None):
p.(None): (1) The transfer of services in the areas of health, education, housing, sports, culture, social
p.(None): programs, the environment, maintenance of industrial areas, maintenance and upkeep of urban areas,
p.(None): neighborhood prevention and protective services, construction of works projects and providing of public
p.(None): services. To this end, they shall have the power to enter into agreements, whose content shall be guided by
p.(None): the principles of interdependence, coordination, cooperation and shared responsibility.
p.(None):
p.(None): (2) Participation by communities and citizens*, through neighborhood associations and nongovernmental
p.(None): organizations, in the formulation of investment proposals for presentation before the state and municipal
p.(None): authorities in charge of preparing the pertinent investment plans, as well as participation in the execution,
p.(None): evaluation and control of works projects, social programs and public services within their jurisdiction.
p.(None):
p.(None): (3) Participation in economic processes, stimulating manifestations of the social economy, such as cooperatives,
p.(None): saving funds, mutual funds and other forms of association.
p.(None):
p.(None): (4) Participation by workers* and communities in the running of public sector business enterprises,
p.(None): through self-management and joint management methods.
p.(None):
p.(None): (5) Creation of community service enterprises, organizations and cooperatives as mechanisms to generate
p.(None): employment and social Welfare, providing for their permanent existence through the design of policies whereby
p.(None): these groups are given means of participating.
p.(None):
...
p.(None): of an autonomous penitentiary institution with personnel of an exclusively technical nature.
p.(None):
p.(None): Chapter IV
p.(None): Citizen Power
p.(None): Section One: General Provisions
p.(None):
p.(None): Article 273: Citizen Power is exercised by the Republican Ethics Council, consisting of the People Defender*, the
p.(None): General Prosecutor* and the General Comptroller of the Republic. The organs of Citizen Power are the People
p.(None): Defender's Office, the Office of Public Prosecutions and the Office of the General Comptroller of the Republic, one of
p.(None): whose heads shall be designated by the Republican Ethics Council as its Chairman for a one-year term of office, with
p.(None): the possibility of re-election. Citizen Power is independent
p.(None):
p.(None): and its organs enjoy operating, financial and administrative autonomy. To this end, from the general State budget it
p.(None): shall be allocated a variable annual budget appropriation. Its organization and operation shall be established by
p.(None): organic act. Article 274: The organs exercising Citizen Power are charged, in accordance with this Constitution and
p.(None): with the law, with preventing, investigating and punishing actions that undermine public ethics and
p.(None): administrative morals; to see to sound management and legality in the use of public property, and fulfillment and
p.(None): application of the principle of legality in all of the State's administrative activities, as well as to promote
p.(None): education as a process that helps create citizenship, together with solidarity, freedom, democracy, social
p.(None): responsibility and work.
p.(None):
p.(None): Article 275: The representatives of the Republican Ethic Council shall issue to the authorities or
p.(None): officials* of the National Public Administrative warnings as to breaches in the fulfillment of their legal duties.
p.(None): If these warnings are not heeded, the Republican Ethics Council shall have the power to impose the penalties
p.(None): established by law. In the event of contempt, the Chairman of the Republican Ethics Council shall submit a report to
p.(None): the organ or dependency to which the public official or employee concerned is attached, in order that such
p.(None): body or dependency to take the proper corrective action, in accordance to the case without prejudice to such
p.(None): penalties as may be applicable in accordance with law.
p.(None):
p.(None): Article 276: The Chairman* of the Republican Ethic Council and the heads of the organs comprising Citizen Power shall
p.(None): submit an annual report before a plenary session of the National Assembly. They shall likewise submit reports whenever
p.(None): asked by the National Assembly to do so. Both the regular and the special reports are to be published.
p.(None):
p.(None): Article 277: All officials* of the National Public Administrative are obligated, subject to such penalties as may be
p.(None): established by law, to cooperate on an urgent priority basis with representatives* of the Republican Ethics
...
p.(None):
p.(None): Article 309: Typical Venezuelan crafts and folk industries shall enjoy the special protection of the State,
p.(None): in order to preserve their authenticity, and they shall receive credit facilities to promote production and marketing.
p.(None):
p.(None): Article 310: Tourism is an economic activity in the national interest, and represents a high priority in
p.(None): the country's strategy of diversification and sustainable development. As part of the foundation of the
p.(None): socioeconomic regime contemplated by this Constitution, the State shall promulgate measures to guarantee the
p.(None): development of tourism. The State shall see to the creation and strengthening of a national tourist industry.
p.(None):
p.(None): Chapter II
p.(None): Tax and Monetary System Section One: Budget System
p.(None):
p.(None): Article 311: Fiscal Policy shall be governed and implemented on principles of efficiency, solvency, transparency,
p.(None): responsibility and fiscal balance. Fiscal Policy is to be balanced over a multiyear budget framework, in such
p.(None): manner that ordinary revenues shall be sufficient to cover ordinary expenses. The National Executive shall submit
p.(None): for enactment by the National Assembly a multiyear framework for budgeting that establishes the maximum
p.(None): limits of expenditures and indebtedness to be contemplated in national budgets. The characteristics of this
p.(None): framework, the requirements for modifying the same and the terms for carrying out the same shall be
p.(None): established by law. Any revenues generated by exploiting underground wealth and minerals, in general,
p.(None): shall be used to finance real productive investment, education and health. The principles and provisions established
p.(None): for national economic and financial management shall also govern that of the States and Municipalities, to the extent
p.(None): applicable.
p.(None):
p.(None): Article 312: Public debt limits shall be set by law in accordance with a prudent level in terms of the size of the
p.(None): economy, reproductive investment and the ability to generate revenues to cover public debt service. In order to
p.(None): be valid, public credit transactions shall require a special law authorizing them, with the exceptions
p.(None): established under the pertinent organic law. The special law shall indicate the modalities of the transactions and
p.(None): authorize the appropriate budget credits in the pertinent budget law. The annual special indebtedness law shall be
p.(None): submitted to the National Assembly together with the budget law. The State shall not recognize any obligations
p.(None): other than those assumed by lawful National Authority organs in accordance with law.
p.(None):
p.(None): Article 313: The economic and financial management of the State shall be governed by a budget approved annually by law.
p.(None): The National Executive shall submit the draft Budget Act to the National Assembly, at the time prescribed by the
p.(None): organic act. If the Executive Power fails for any reason to submit the budget bill within the time limit established by
p.(None): law, or the bill is rejected, the budget for the current fiscal year shall remain in effect. The National Assembly
p.(None): shall have the power to alter budget items, but shall not authorize measures leading to a decrease in public
p.(None): revenues or to expenses exceeding the estimated revenue amounts in the budget bill. In submitting the multiyear budget
...
p.(None): significance, in order to eliminate ambiguities.
p.(None):
p.(None): (2) The elimination of exceptions to the principle of non-retroactivity of the law.
p.(None):
p.(None): (3) Expansion of the concept of imputed income, in order to provide the Tax Administration with better instruments.
p.(None):
p.(None): (4) Elimination of the statute of limitations for serious tax offenses, which must be defined in the Organic Tax Code.
p.(None):
p.(None): (5) Increase penalties for advisors, law firms, independent auditors and other professionals who act in
p.(None): complicity for the purpose of committing tax offenses, including periods of suspension from the practice of
p.(None): their professions.
p.(None):
p.(None): (6) Increase penalties and the severity of the sanctions for tax evasion crimes increasing the periods for
p.(None): the statute of limitations.
p.(None):
p.(None): (7) Revision of mitigating and aggravating circumstances considered in imposing penalties, in order to make
p.(None): them stricter.
p.(None):
p.(None): (8) Extend the audit powers of the Tax Administration.
p.(None):
p.(None): (9) Increase the rate of default interest in order to discourage tax evasion.
p.(None):
p.(None): (10) Extension of the principle of solidarity to make it possible to reach the assets of Directors* or tax
p.(None): advisors* in cases they validate tax offenses.
p.(None):
p.(None): (11) Introduction of more expeditious administrative procedures.
p.(None):
p.(None): Sixth: Within two years, the National Assembly shall pass legislation on all matter relating to this
p.(None): Constitution. Priority shall be given to the Organic Laws on Native People, on Education, and on Borders.
p.(None):
p.(None): Seventh: For purposes of article 125 of this Constitution, pending approval of the pertinent organic law,
p.(None): the election of native representatives* to the National Assembly and the State and Municipal Legislative
p.(None): Councils shall be governed by the following nomination requirements and mechanisms:
p.(None):
p.(None): All native organizations or communities shall have the right to nominate native candidates. It is
p.(None): a requirement for being a candidate to speak their native language and meet at least one of the following conditions:
p.(None):
p.(None): (1) Have exercised position of traditional Authority in the correspondent community.
p.(None):
p.(None): (2) Have an established record in the social struggle for recognition of the correspondent cultural identity.
p.(None):
p.(None): (3) Have taken action benefiting native people and communities.
p.(None):
p.(None): (4) Must belong to a legally constituted native organization that has been in existence for at least three years.
p.(None):
p.(None): Three regions are to be established: West, consisting of the States of Zulia, Merida and Trujillo; South, consisting of
p.(None): the States of Amazonas and Apure; and East, consisting of the States of Bolivar, Delta Amacuro, Monagas,
...
Searching for indicator educational:
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p.(None): required to enable them to carry out their functions. For purposes of the exercise of union democracy, the bylaws and
p.(None): regulations of union organizations, shall provide for the replacement of boards of directors* and
p.(None): representatives by universal, direct and secret suffrage. Any union leaders* and representatives who abuse
p.(None): the benefits deriving from union freedom for their personal gain or benefit shall be punished in
p.(None): accordance with law. Boards of directors members* of union organizations shall be required to file a sworn
p.(None): statement of assets.
p.(None):
p.(None): Article 96: All employees* in both public and the private sector have the right to voluntary collective
p.(None): bargaining and to enter into collective bargaining agreements, subject only to such restrictions as may be
p.(None): established by law. The State guarantees this process, and shall establish appropriate provisions to encourage
p.(None): collective relations and the resolution of labor conflicts. Collective bargaining agreements cover all
p.(None): workers* who are active* as of the time they are signed, and those hired thereafter.
p.(None):
p.(None): Article 97: All workers in the public and private sector have the right to strike, subject to such conditions as may be
p.(None): established by law.
p.(None):
p.(None): Chapter VI
p.(None): Culture and Educational Rights
p.(None):
p.(None): Article 98: Cultural creation is free. This freedom includes the right to invest in, produce and disseminate the
p.(None): creative, scientific, technical and humanistic work, as well as legal protection of the author's* rights in his
p.(None): works. The State recognizes and protects
p.(None):
p.(None): intellectual property rights in scientific, literary and artistic works, inventions, innovations,
p.(None): trade names, patents, trademarks and slogans, in accordance with the conditions and exceptions established by
p.(None): law and the international treaties executed and ratified by the Republic in this field.
p.(None):
p.(None): Article 99: Cultural values are the unrenounceable property of the Venezuelan people and a fundamental right
p.(None): to be encouraged and guaranteed by the State, efforts being made to provide the necessary conditions, legal
p.(None): instruments, means and funding. The autonomy of the public administration of culture is recognized, on such terms as
p.(None): may be established by law. The State guarantees the protection and preservation, enrichment, conservation and
p.(None): restoration of the cultural tangible and intangible heritage and the historic memories of the nation. The assets
...
p.(None): programs at the secondary and university levels shall be tax deductible in accordance with the pertinent law.
p.(None): Article 104: Persons of recognized good moral character and proven academic qualifications shall be
p.(None): placed in charge of education. The State shall encourage them to remain continuously up to date, and shall
p.(None): guarantee stability in the practice of the teaching profession, whether in public or private institutions,
p.(None): in accordance with this Constitution and the law, with working conditions and a standard of living commensurate
p.(None): with the importance of their mission. Admissions, promotion and continued enrollment in the education system shall be
p.(None): provided for by law, and shall be responsive to evaluation criteria based on merit, to the exclusion of
p.(None): any partisan or other nonacademic interference.
p.(None):
p.(None): Article 105: The professions requiring a degree and the conditions that must be met to practice them, including,
p.(None): professional organization membership, shall be determined by law.
p.(None):
p.(None): Article 106: Every natural or juridical person, subject, to demonstration of its ability and provided it meets at all
p.(None): times the ethical, academic, scientific, financial, infrastructure and any other requirements that may be established
p.(None): by law, shall be permitted to found and maintain private educational institutions under the strict inspection and
p.(None): vigilance of the State, with the prior approval of the latter.
p.(None):
p.(None): Article 107: Environmental education is obligatory in the various levels and modes of the education system, as well
p.(None): as in informal civil education. Spanish, Venezuelan geography and history and the principles of the Bolivarian
p.(None): thought shall be compulsory courses at public and private institutions up to the diversified cycle level.
p.(None):
p.(None): Article 108: The communications media, public and private, shall contribute to civil education. The State
p.(None): guarantees public radio and television services and library and computer networks, with a view to permitting
p.(None): universal access to information. Education centers are to incorporate knowledge and application of new
p.(None): technologies and the resulting innovations, in accordance with such requirements as may be established by law to this
p.(None): end.
p.(None):
p.(None): Article 109: The State shall recognize the autonomy of universities as a principle and status that
p.(None): allows teachers*, students* and graduates from its community, to devote themselves to the search for
...
p.(None): process of selecting and designating judges* shall be guaranteed by law. Judges* shall be removed or suspended from
p.(None): office only through the procedures expressly provided for by law. Measures shall be taken by law to promote the
p.(None): professionalism of judges*, and the universities shall cooperate to this end, organizing their corresponding
p.(None): law schools curricula to specialized studies in judicial practice. Judges are personally liable, on such terms as
p.(None): may be determined by law, for unjustified omissions, delay or errors, for substantial failure to observe
p.(None): the rules of procedure, for denial of justice, for partiality and for the criminal offenses of bribery and
p.(None): prevarication in office.
p.(None):
p.(None): Article 256: In order to guarantee impartiality and independence in the exercise of their official functions,
p.(None): magistrates*, judges*, prosecutors* in the Office of Public Prosecutions and public defenders, from
p.(None): the date of their appointment until they leave office, shall not be permitted, otherwise than by exercising
p.(None): their right to vote, to engage in partisan political, professional association, trade union or similar
p.(None): activism; nor to engage in private activities for profit which are incompatible with their official functions, either
p.(None): directly or through any interposed person; nor to perform any other public functions, with the exception of
p.(None): educational activities. Judges* shall not be permitted to form associations among themselves
p.(None):
p.(None): Article 257: Procedure represents a fundamental instrument for the administration of justice. Procedural laws
p.(None): shall provide for the simplification, uniformity and efficiency of legal formalities, and shall adopt expeditious, oral
p.(None): and public procedures. Justice shall not be sacrificed because of the omission of nonessential formalities.
p.(None):
p.(None): Article 258: Justice of peace in communities shall be organized by law. Justices* of peace shall be
p.(None): elected by universal suffrage, directly and by secret ballot, in accordance with law. The law shall encourage
p.(None): arbitration, conciliation, mediation and any other alternative means for resolving conflicts.
p.(None):
p.(None): Article 259: Competence over contentious administrative law proceedings shall be vested in the Supreme
p.(None): Tribunal of Justice and such other courts as may be determined by law. Organs with jurisdiction in the field of
p.(None): contentious administrative law are competent to nullify general or individual administrative acts contrary to
p.(None): law, including cases of power deviation; to order the payment of sums of money and reparations for damages for whose
p.(None): causation the Administration is responsible; to deal with claims arising from the providing of public services; and
p.(None): to rule as necessary to restore the legal position of parties harmed by administrative actions.
p.(None):
...
Social / employees
Searching for indicator employees:
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p.(None):
p.(None): Article 22: The recitation of rights and guarantees contained in this Constitution and in international instruments
p.(None): concerning human rights are not to be understood as negating others inherent to individuals, not expressly mentioned in
p.(None): such recitation. The absence of a law regulating these rights shall not adversely affect the exercise thereof.
p.(None):
p.(None): Article 23: The treaties, pacts and conventions relating human rights which have been executed and ratified by
p.(None): Venezuela have a constitutional rank, and prevail over internal legislation, insofar as they contain provisions
p.(None): concerning the enjoyment and exercise of such rights that are more favorable than those established by this
p.(None): Constitution and the laws of the Republic, and shall be immediately and directly applied by the courts
p.(None): and other organs of the Public Power.
p.(None):
p.(None): Article 24: No legislative provision shall have retroactive effect, except where it imposes a lesser penalty.
p.(None): Procedural laws shall apply from the moment they go into effect, even to proceedings already in progress; however,
p.(None): in criminal proceedings, evidence already admitted shall be weighed in accordance with the laws that were
p.(None): in effect when the evidence was admitted, insofar as this benefits the defendant. When there are doubts as to the
p.(None): rule of law that is to be applied, the most beneficial to the defendant will prevail.
p.(None):
p.(None): Article 25: Any act on the part of the Public Power that violates or encroaches upon the rights guaranteed by this
p.(None): Constitution and by law is null and void, and the public employees* ordering or implementing the
p.(None): same shall incur criminal, civil and administrative liability, as applicable in each case, with no defense on
p.(None): grounds of having followed the orders of a superior.
p.(None):
p.(None): Article 26: Everyone has the right to access the organs comprising the justice system for the purpose of enforcing his
p.(None): or her rights and interests, including those of a collective or diffuse nature to the effective protection of
p.(None): the aforementioned and to obtain the corresponding prompt decision. The State guarantees justice that is
p.(None): free of charge, accessible, impartial, suitable, transparent, autonomous, independent, responsible,
p.(None): equitable and expeditious, without undue delays, superfluous formalities or useless reinstating.
p.(None):
p.(None): Article 27: Everyone has the right to be protected by the courts in the enjoyment and exercise of
p.(None): constitutional rights and guarantees, including even those inherent individual rights not expressly mentioned in
p.(None): this Constitution or in international instruments concerning human rights. Proceedings on a claim for
p.(None): constitutional protection shall be oral, public, brief, free of charge and unencumbered by formalities, and
p.(None): the competent judge shall have the power to restore immediately the legal situation infringed upon or the closest
...
p.(None): In coordination with universities and research centers, a national professional and technical training policy and a
p.(None): national industry to produce health care supplies shall be promoted and developed. The State shall regulate both
p.(None): public and private health care institutions. Article 86: All persons are entitled to Social Security as a
p.(None): nonprofit public service to guarantee health and protection in contingencies of maternity, fatherhood, illness,
p.(None): invalidity, catastrophic illness, disability, special needs, occupational risks, loss of employment, unemployment, old
p.(None): age, widowhood, loss of parents, housing, burdens deriving from family life, and any other social welfare
p.(None): circumstances. The State has the obligation and responsibility of ensuring the efficacy of this right,
p.(None): creating a universal and complete Social Security system, with joint, unitary, efficient and participatory
p.(None): financing from direct and indirect contributions. The lack of ability to contribute shall not be ground for excluding
p.(None): persons from protection by the system. Social Security financial resources shall not be used for other purposes. The
p.(None): mandatory assessments paid by employees to cover medical and health care services and other Social
p.(None): Security benefits shall be administered only for social purposes, under the guidance of the State. Any net
p.(None): remaining balances of capital allocated to health, education and Social Security shall be accumulated for distribution
p.(None): and contribution to those services. The Social Security system shall be ruled by a special organic law.
p.(None):
p.(None): Article 87: All persons have the right and duty to work. The State guarantees the adoption of the
p.(None): necessary measures so that every person shall be able to obtain productive work providing him or her with a dignified
p.(None): and decorous living and guarantee him or her the full exercise of this right. It is an objective of the
p.(None): State to promote employment. Measures tending to guarantee the exercise of the labor rights of self employed persons
p.(None): shall be adopted by law. Freedom to work shall be subject only to such restrictions as may be established by law.
p.(None): Every employer* shall guarantee employees* adequate safety, hygienic and environmental conditions on the job.
p.(None): The State shall adopt measures and create institutions such as to make it possible to control and promote these
p.(None): conditions.
p.(None):
p.(None): Article 88: The State guarantees the equality and equitable treatment of men and women in the exercise of the right to
p.(None): work. The state recognizes work at home as an economic activity that creates added value and produces social welfare
p.(None): and wealth. Housewives are entitled to Social Security in accordance with law.
p.(None):
p.(None): Article 89: Work is a social fact and shall enjoy the protection of the State. The law shall make the necessary
p.(None): provisions for improving the material, moral and intellectual conditions of workers*. In order to fulfill
p.(None): this duty of the State, the following principles are established:
p.(None):
p.(None): (1) No law shall establish provisions that affect the intactness and progressive nature of labor rights and
p.(None): benefits. In labor relations, reality shall prevail over forms or appearances.
p.(None):
p.(None): (2) Labor rights are unrenounceable; any action, agreement or convention involving a waiver of or encroachment upon
p.(None): these rights is null and void. Concessions and settlements are possible only at the end of the
p.(None): employment relationship, in accordance with the requirements established by law.
p.(None):
p.(None): (3) When there are doubts concerning application or conflicts among several rules, or in the
p.(None): interpretation of a particular rule, that most favorable to the worker shall be applied. The rule applied must be
p.(None): applied in its entirety.
p.(None):
p.(None): (4) Any measure or act on the part of an employer in violation of this Constitution is null and void, and
p.(None): of no effect.
p.(None):
p.(None): (5) All types of discrimination because of political reasons, age, race, creed, sex or any other
p.(None): characteristic is prohibited.
p.(None):
p.(None): (6) Work by adolescents at tasks that may affect their overall development is prohibited. The State shall protect them
p.(None): against any economic and social exploitation.
p.(None):
p.(None): Article 90: Working hours shall not exceed eight hours per day or 44 hours per week. Where permitted by law, night work
p.(None): shall not exceed seven hours per day or 35 hours per week. No employer shall have the right to require employees to
p.(None): work overtime. An effort shall be made to reduce working hours progressively in the interest of society and in such
p.(None): sphere as may be determined, and appropriate provisions shall be adopted to make better use of free time for the
p.(None): benefit of the physical, spiritual and cultural development of workers*. Workers are entitled to weekly time
p.(None): off and paid vacations on the same terms as for days actually worked.
p.(None):
p.(None): Article 91: Every worker* has the right to a salary sufficient to enable him or her to live with dignity and cover
p.(None): basic material, social and intellectual needs for himself or herself and his or her family. The payment of equal salary
p.(None): for equal work is guaranteed, and the share of the profits of a business enterprise to which workers are
p.(None): entitled shall be determined. Salary is not subject to garnishment, and shall be paid periodically and
p.(None): promptly in legal tender, with the exception of the food allowance, in accordance with law. The State guarantees
p.(None): workers* in both the public and the private sector a vital minimum salary which shall be adjusted each year,
p.(None): taking as one of the references the cost of a basic market basket. The form and procedure to be followed,
p.(None): shall be established by law. Article 92: All workers* have the right to benefits to compensate them for
p.(None): length of service and protect them in the event of dismissal. Salary and benefits are labor obligations due and payable
p.(None): immediately upon accrual. Any delay in payment
p.(None):
...
p.(None): freely to establish such union organizations as they may deem appropriate for the optimum protection of their rights
p.(None): and interests, as well as the right to join or not to join the same, in accordance with law. These organizations are
p.(None): not subject to administrative dissolution, suspension or intervention. Workers are protected against any act of
p.(None): discrimination or interference contrary to the exercise of this right. The promoters* and the members* of the
p.(None): board of directors of the union enjoy immunity from dismissal from their employment for the period and on the terms
p.(None): required to enable them to carry out their functions. For purposes of the exercise of union democracy, the bylaws and
p.(None): regulations of union organizations, shall provide for the replacement of boards of directors* and
p.(None): representatives by universal, direct and secret suffrage. Any union leaders* and representatives who abuse
p.(None): the benefits deriving from union freedom for their personal gain or benefit shall be punished in
p.(None): accordance with law. Boards of directors members* of union organizations shall be required to file a sworn
p.(None): statement of assets.
p.(None):
p.(None): Article 96: All employees* in both public and the private sector have the right to voluntary collective
p.(None): bargaining and to enter into collective bargaining agreements, subject only to such restrictions as may be
p.(None): established by law. The State guarantees this process, and shall establish appropriate provisions to encourage
p.(None): collective relations and the resolution of labor conflicts. Collective bargaining agreements cover all
p.(None): workers* who are active* as of the time they are signed, and those hired thereafter.
p.(None):
p.(None): Article 97: All workers in the public and private sector have the right to strike, subject to such conditions as may be
p.(None): established by law.
p.(None):
p.(None): Chapter VI
p.(None): Culture and Educational Rights
p.(None):
p.(None): Article 98: Cultural creation is free. This freedom includes the right to invest in, produce and disseminate the
p.(None): creative, scientific, technical and humanistic work, as well as legal protection of the author's* rights in his
p.(None): works. The State recognizes and protects
p.(None):
p.(None): intellectual property rights in scientific, literary and artistic works, inventions, innovations,
p.(None): trade names, patents, trademarks and slogans, in accordance with the conditions and exceptions established by
p.(None): law and the international treaties executed and ratified by the Republic in this field.
p.(None):
...
p.(None): Section Two: Public Administration
p.(None):
p.(None): Article 141: Public Administration is at the service of the citizen* and is based on the principles of honesty,
p.(None): participation, expeditiousness, efficacy, efficiency, transparency, accountability and responsibility in the
p.(None): performance of public functions, being fully subject to the law and to the right.
p.(None):
p.(None): Article 142: Autonomous institutions can be created only by law. Such institutions, as well as public interests in
p.(None): foundations or organs of any nature, shall be subject to State Control in such form as may be established by law.
p.(None):
p.(None): Article 143: Citizens* have the right to be informed by Public Administration, in a timely and truthful
p.(None): manner, of the status of proceedings in which they have a direct interest, and to be apprised of any final
p.(None): decisions adopted in the matter. Likewise, they have access to administrative files and records, without prejudice to
p.(None): the limits acceptable in a democratic society in matters relating to internal and external security,
p.(None): criminal, investigation and the intimacy of private life, in accordance with law regulating the matter of
p.(None): classification of documents with contents which are confidential or secret. No censorship of public officials*
p.(None): reporting on matters for which they are responsible shall be permitted.
p.(None):
p.(None): Section Three: Public Functions
p.(None):
p.(None): Article 144: Statutes governing public functions shall be enacted by law, with rules concerning entering,
p.(None): promotion, transfers, suspension and removal of employees* of Public Administration, and will provide for their
p.(None): incorporation into Social Security. The duties and requirements that are to be met by public employees* in the exercise
p.(None): of their official functions shall be determined by law. Article 145: Public officials or employees serve the state, and
p.(None): not any partisan interest. Their appointment and removal shall not be determined based on political affiliation or
p.(None): orientation. A person who is in the service of the Municipalities, the States, the Republic, or any other State public
p.(None): or private juridical persons, shall not be permitted to enter into a contract of any kind with them,
p.(None): either
p.(None):
p.(None): directly or through any interposed person, or as representative of another, with such exceptions as may be
p.(None): established by law.
p.(None):
p.(None): Article 146: Positions in the organs of Public Administration are to be filled by career personnel. Exceptions are
p.(None): those elected by popular vote, those whose holders may be appointed and removed freely, those contracted* for,
p.(None): laborers* in the service of Public Administration and any others determined by law. Engagement of public officials* to
p.(None): fill career positions shall be by public competition, based on principles of honesty, capability and efficiency.
p.(None): Promotion shall be governed by scientific methods based on the merit system, and transfer, suspension and
p.(None): removal shall depend on performance.
p.(None):
p.(None): Article 147: In order for paid public positions to be filled, it is necessary that the pertinent
p.(None): compensation be provided for in the pertinent budget. Public Administration salary scales shall be
p.(None): established by regulation, in accordance with law. The pertinent organic law may establish reasonable limits on
p.(None): the compensation earned by national, state and municipal public officials*. The national law shall establish the
...
p.(None): age, or by his legal representative , if he has not yet reached the age of 21.
p.(None):
p.(None): Third: The National Assembly, within six months of its installation, shall pass:
p.(None):
p.(None): (1) A partial reform of the Penal Code to include the offense of forced disappearance of persons, as
p.(None): provided for under article 45 of this Constitution.
p.(None):
p.(None): (1) Pending enactment of this reform, the Inter-American Convention on the Forced Disappearance of Persons shall apply
p.(None): insofar as possible.
p.(None):
p.(None): (2) An organic law on states of exception.
p.(None):
p.(None): (3) A special law to establish the conditions and characteristics of a special regime for the Municipalities of Jose
p.(None): Antonio Paez and Romulo Gallegos,
p.(None):
p.(None): in the State of Apure. In the process of formulating this law, the opinions of the President* of the Republic,
p.(None): the National Armed Forces, such representation as may be designated by the corresponding State and all
p.(None): other institutions involved in border problems shall be heard.
p.(None):
p.(None): Fourth: Within one year of installation, the National Assembly shall approve:
p.(None):
p.(None): (1) Legislation on penalties for torture, either in the form of a special law or by reforming the Penal Code.
p.(None):
p.(None): (2) An organic law on refugees* and asylum guarantees, consistent with the terms of this Constitution and the
p.(None): pertinent international treaties ratified by Venezuela.
p.(None):
p.(None): (3) By reforming the Organic Labor Law, a new regime for the right of employees regarding severance payments as
p.(None): regulated in article 92 which regime shall provide for severance payments calculated in proportion to the
p.(None): time served and calculated according with the last salary earned, establishing a statute of limitation
p.(None): for this right of ten (10) years. Until such reformed law goes into effect, the seniority benefit
p.(None): arrangement established under the present Organic Labor Law currently in force shall temporarily remain in effect.
p.(None): Likewise a set of overall standards regulating the working day and promoting the progressive reduction thereof shall be
p.(None): included, on the terms contemplated under the International Labor Organization agreements and
p.(None): conventions signed by the Republic.
p.(None):
p.(None): (4) An organic procedural labor law guaranteeing the functioning of an autonomous and specialized labor
p.(None): jurisdiction and protection for workers on the terms provided for in this Constitution and the law. The
p.(None): organic labor procedural law shall be guided by the principles of gratuitous service, expeditiousness, oral
p.(None): proceedings, immediacy, priority on the reality of the facts, equity and guiding authority of the judge
p.(None): in the proceedings.
p.(None):
p.(None): (5) The legislation relating to the Judicial System, National Public Administration, Citizen Power,
p.(None): Electoral Power, tax laws, Budgeting Law, and Public Credit Law. An organic law on public defense. Until this law is
p.(None): passed, the Commission on the Functioning and Restructuring of the Judicial System shall be in charge of
...
Social / parents
Searching for indicator parent:
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p.(None): birth.
p.(None):
p.(None): (3) Any person who was born in a foreign territory, and is the child of a father or a mother, who is Venezuelan
p.(None): by birth, provided they have established residence within the territory of the Republic or declared their intention
p.(None): to obtain the Venezuelan nationality.
p.(None):
p.(None): (4) Any person who was born in a foreign territory, and is the child of a father or a mother who is Venezuelan
p.(None): by naturalization, provided that prior to reaching the age of 18, they establish their residence within
p.(None): the territory of the Republic, and before reaching the age of 25 declare their intention to obtain the Venezuelan
p.(None): nationality.
p.(None):
p.(None): Article 33: Are considered Venezuelans* by naturalization:
p.(None):
p.(None): (1) Foreign nationals* who obtain a naturalization letter. In order to do so, they must have at least ten years of
p.(None): uninterrupted residence immediately preceding the application date.
p.(None):
p.(None): (2) The period of residence shall be reduced to five years in the case of foreign nationals whose original
p.(None): nationality is that of Spain, Portugal, Italy, or a Latin American or Caribbean country.
p.(None):
p.(None): (3) Foreign nationals* who marry a Venezuelan*, upon declaring their wish to adopt the Venezuelan nationality,
p.(None): which may be done at least five years after the date of marriage.
p.(None):
p.(None): (4) Minors of foreign nationality, on the date of the naturalization of one of his/her parent who exercises
p.(None): parental authority, provided that such minor declares his or her intention of adopting the Venezuelan nationality
p.(None): before reaching the age of 21, and has resided in Venezuela without interruption throughout the five-year
p.(None): period preceding such declaration.
p.(None):
p.(None): Article 34: The Venezuelan nationality is not lost upon electing or acquiring another nationality.
p.(None):
p.(None): Article 35: Venezuelans* by birth cannot be deprived of their nationality. The Venezuelan
p.(None): nationality by naturalization can be revoked only by a judgment handed down by a court in accordance with
p.(None): law.
p.(None):
p.(None): Article 36: Venezuelan nationality may be renounced. A person who renounces the Venezuelan nationality by
p.(None): birth may regain such nationality if he or she establishes a residence within the territory of the
p.(None): Republic for a period of at least two years, and expresses the intention of regaining the
p.(None): Venezuelan nationality. Naturalized Venezuelans* who renounce the Venezuelan nationality may regain it by again
p.(None): meeting the requirements prescribed under article 33 of this Constitution.
p.(None):
p.(None): Article 37: The State shall promote the celebration of international treaties related to nationality,
p.(None): especially with the bordering countries and those indicated in item 2 of Article 33 of this Constitution.
p.(None):
p.(None): Article 38: The substantive and procedural rules relating to the acquisition, election, renunciation and
...
Searching for indicator parents:
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p.(None): promoting health and preventing disease, guaranteeing prompt treatment and quality rehabilitation. Public health
p.(None): assets and services are the property of the State and shall not be privatized. The
p.(None):
p.(None): organized community has the right and duty to participate in the making of decisions concerning policy
p.(None): planning, implementation and control at public health institutions.
p.(None):
p.(None): Article 85: Financing of the public health system is the responsibility of the State, which shall integrate the
p.(None): revenue resources, mandatory Social Security contributions and any other sources of financing provided for by
p.(None): law. The State guarantees a health budget such as to make possible the attainment of health policy objectives.
p.(None): In coordination with universities and research centers, a national professional and technical training policy and a
p.(None): national industry to produce health care supplies shall be promoted and developed. The State shall regulate both
p.(None): public and private health care institutions. Article 86: All persons are entitled to Social Security as a
p.(None): nonprofit public service to guarantee health and protection in contingencies of maternity, fatherhood, illness,
p.(None): invalidity, catastrophic illness, disability, special needs, occupational risks, loss of employment, unemployment, old
p.(None): age, widowhood, loss of parents, housing, burdens deriving from family life, and any other social welfare
p.(None): circumstances. The State has the obligation and responsibility of ensuring the efficacy of this right,
p.(None): creating a universal and complete Social Security system, with joint, unitary, efficient and participatory
p.(None): financing from direct and indirect contributions. The lack of ability to contribute shall not be ground for excluding
p.(None): persons from protection by the system. Social Security financial resources shall not be used for other purposes. The
p.(None): mandatory assessments paid by employees to cover medical and health care services and other Social
p.(None): Security benefits shall be administered only for social purposes, under the guidance of the State. Any net
p.(None): remaining balances of capital allocated to health, education and Social Security shall be accumulated for distribution
p.(None): and contribution to those services. The Social Security system shall be ruled by a special organic law.
p.(None):
p.(None): Article 87: All persons have the right and duty to work. The State guarantees the adoption of the
p.(None): necessary measures so that every person shall be able to obtain productive work providing him or her with a dignified
p.(None): and decorous living and guarantee him or her the full exercise of this right. It is an objective of the
p.(None): State to promote employment. Measures tending to guarantee the exercise of the labor rights of self employed persons
...
Social / philosophical differences/differences of opinion
Searching for indicator opinion:
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p.(None): political and election campaigns, the duration thereof and spending limits with a view pursuing its
p.(None): democratization. Citizens*, on their own initiative, and associations for political purposes, shall be
p.(None): entitled to participate in the electoral process, putting forward candidates*. The financing of political
p.(None): advertising and election campaigns shall be regulated by law. The authorities of associations for political purposes
p.(None): shall not enter into contracts with organs in the public sector.
p.(None):
p.(None): Article 68: Citizens* have the right to demonstrate, peacefully and without weapons, subject only to such
p.(None): requirements as may be established by law. The use of firearms and toxic substances to control peaceful demonstrations
p.(None): is prohibited. The activity of police and security corps in maintaining public order shall be regulated by law.
p.(None):
p.(None): Article 69: The Bolivarian Republic of Venezuela recognizes and guarantees the right of asylum and refuge. Extradition
p.(None): of Venezuelans* is prohibited.
p.(None):
p.(None): Article 70: Participation and involvement of people in the exercise of their sovereignty in political affairs can
p.(None): be manifested by: voting to fill public offices, referendum, consultation of public opinion,
p.(None): mandate revocation, legislative, constitutional and constituent initiative, open forums and meetings of
p.(None): citizens* whose decisions shall be binding among others; and in social and economic affairs: citizen
p.(None): service organs, self- management, co-management, cooperatives in all forms, including those of a financial
p.(None): nature, savings funds, community enterprises, and other forms of association guided by the values of mutual cooperation
p.(None): and solidarity. The law shall establish conditions for the effective, functioning of the means of participation
p.(None): provided for under the present article.
p.(None):
p.(None): Section Two: Popular Referendum
p.(None):
p.(None): Article 71: Matters of special national transcendence may be referred to a consultative referendum, on the initiative
p.(None): of the President* of the Republic, taken at a meeting of the Cabinet; by resolution of the National Assembly,
p.(None): passed by a majority vote; or at the request of a number of voters constituting at least 10% of all voters*
p.(None): registered on the national, civil and electoral registry. Matters of special state, municipal and parish
p.(None): transcendence may also be referred to a consultative referendum. The initiative shall be taken by the Parish Board, the
p.(None): Municipal Council and to the Legislative Council, by the vote of two third of its members; by the Mayor* and the
p.(None): Governor* or by a number of voters constituting at least 10% of the total number of voters registered in the pertinent
p.(None): circumscription.
p.(None):
p.(None): Article 72: All magistrates and other offices filled by popular vote are subject to revocation. Once
p.(None): half of the term of office to which an official* has been elected has elapsed, a number of voters
...
p.(None): scope and viability of the same shall be evaluated in order to determine the appropriateness of the
p.(None): law, and the articles shall be discussed. Upon approval at the first debate, the bill shall be sent to
p.(None): the Committee directly concerned with the subject matter of the law. If the bill relates to several Standing
p.(None): Committees, a mixed committee shall be designated to conduct a study and prepare a report. Committees studying bills
p.(None): shall report the bill out within no more than 30 consecutive days.
p.(None):
p.(None): Article 209: Once the bill has been reported out of committee, the second debate on the bill shall begin, being
p.(None): conducted article by article. If the bill is approved without amendment, it shall be enacted into law.
p.(None): However, if amended it shall be returned to the Committee concerned for inclusion of the amendments by such
p.(None): Committee within no more than 15 consecutive days; once read the new version of the bill at a plenary session of the
p.(None): National Assembly, it shall decide as appropriate by majority vote on any articles as to which a discrepancy
p.(None): exists, and on any other articles relating thereto. Once the discrepancy has been resolved, the President
p.(None): shall declare the bill enacted into law.
p.(None):
p.(None): Article 210: Debate on bills still pending at the end of a legislative session may be continued during
p.(None): the next regular session or during a special session.
p.(None):
p.(None): Article 211: During the process of debating and approval of bills, the National Assembly or Standing Committees
p.(None): shall consult the other organs of the State, the citizenry and organized society to hear their opinion about
p.(None): the same. The following shall have the right to speak during debates on proposed laws: the Cabinet Ministers*, as
p.(None): representatives of the Executive Power; such justice of the Supreme Tribunal of Justice as the latter may designate, to
p.(None): represent the Judicial Power; such representative of Citizen Power as may be designated by the Republican Ethic
p.(None): Council; the members* of the Electoral Authority; the States, through a representative designated by the State
p.(None): Legislative Council; and the representatives of organized society, on such terms as may be established by
p.(None): the Regulations of the National Assembly.
p.(None):
p.(None): Article 212: The text of laws shall be preceded by the following phrase: "The National Assembly of the Bolivarian
p.(None): Republic of Venezuela hereby Decrees": Article 213: Once the law has been enacted, it shall be promulgated in duplicate
p.(None): with the final language as approved during the debates. Both copies shall be signed by the President*, the two Vice
p.(None): Presidents* and the Secretary* of the National Assembly, with the date of final approval. One of the copies of the law
p.(None): shall be sent by the President* of the National Assembly to the President of the Republic for purposes of promulgation.
p.(None):
p.(None): Article 214: The President* of the Republic shall promulgate the law within a ten day period following the date on
p.(None): which the President* receives it. During this period the President* may, by Cabinet Ministers resolution
p.(None): with statement of grounds, ask the National Assembly to amend any of the provisions of the law or rescind its
...
p.(None):
p.(None): Article 247: The Office of the General Attorney of the Republic advises, defends and represents in and
p.(None): out of court the property interests of the Republic, and must be consulted for purposes of approval of
p.(None): contracts in the national public interest. The pertinent organic law shall determine the organization,
p.(None): competence and functioning of this office.
p.(None):
p.(None): Article 248: The Office of the General Attorney of the Republic shall be in the charge and under the direction of the
p.(None): General Attorney' of the Republic, with the assistance of other officials as determined by the pertinent organic law.
p.(None):
p.(None): Article 249: The General Attorney of the Republic must meet the same conditions required in order to
p.(None): serve as a justice of the Supreme Tribunal of Justice. Shall be appointed by the President* of the
p.(None): Republic, with the authorization of the National Assembly.
p.(None):
p.(None): Article 250: The General Attorney* of the Republic shall attend and have the right to speak at meetings of the
p.(None): Cabinet of Ministers.
p.(None):
p.(None): Section Six: Council of State
p.(None):
p.(None): Article 251: The Council of State is the highest consultative organ of the Government and the National Public
p.(None): Administration. It shall be charged with making policy recommendations in the national interest with
p.(None): regard to matters recognized by the President* of the Republic as being of particular importance and requiring
p.(None): the Council's opinion. The pertinent law shall determine its functions and powers.
p.(None):
p.(None): Article 252: The Council of State shall be presided over by the Executive Vice President*, and shall be
p.(None): also integrated by five members designated by the President* of the Republic; one representative designated by the
p.(None): National Assembly; one representative designated by the Supreme Tribunal of Justice and One State Governor* designated
p.(None): by all of the States chief executives jointly.
p.(None):
p.(None): Chapter III
p.(None): Judicial Power and Justice System Section One: General Provisions
p.(None):
p.(None): Article 253: The power to administer justice emanates from the citizens* and is exercised in the name of
p.(None): the Republic by Authority of law. The organs comprising the Judicial Power are charged with dealing with
p.(None): all cases and matters within their competence, through such procedures as may be determined by the
p.(None): laws, and with carrying out or causing the execution of their judgments. The justice system consists of the Supreme
p.(None): Tribunal of Justice, such other courts as may be determined by law, the Office of Public Prosecutions,
p.(None): the Public Defender's Office, criminal investigation organs, judicial assistants and officials*, the
...
p.(None): composition and competence shall be determined by the pertinent organic act. The Social Division shall encompass
p.(None): matters relating to appeals involving agrarian matters, labor matters and minors.
p.(None):
p.(None): Article 263: To be a justice* of the Supreme Tribunal of Justice, a person must:
p.(None):
p.(None): (1) Have Venezuelan nationality by birth.
p.(None):
p.(None): (2) Be recognized as an honorable citizen*.
p.(None):
p.(None): (3) Be a jurist of recognized competence; enjoy a good reputation; have a minimum of 15 years experience practicing law
p.(None): and have a post graduate degree in law, or have at least 15 years experience as a university professor of
p.(None): law, having obtained the rank of full professor; or be or have been a superior court judge in the specialty of the
p.(None): division for which he is a candidate, having been a sitting judge for at least 15 years and gained recognized prestige
p.(None): in the performance of his duties.
p.(None):
p.(None): (4) Any other requirements established by law.
p.(None):
p.(None): Article 264: The justices of the Supreme Tribunal of Justice shall be elected for a single term of 12 years. The
p.(None): election procedure shall be determined by law. In all cases, candidates may be proposed to the Judicial
p.(None): Nominations Committee either on their own initiative or by organizations involved in the field of law. After hearing
p.(None): the opinion of the community, the Committee shall carry out a pre selection to be submitted to the Citizen Power,
p.(None): which shall carry out a second pre selection to be submitted to the National Assembly, which shall carry
p.(None): out the final selection. Citizens* may file objections to any of the candidates*, for cause, with the Judicial
p.(None): Nominations Committee or the National Assembly.
p.(None):
p.(None): Article 265: Justices* of the Supreme Tribunal of Justice may be removed by the National Assembly by a
p.(None): qualified two-thirds majority of the members, after granting the interested party a hearing; in cases involving serious
p.(None): misconduct already characterized as such by the Citizen Power, on such terms as may be established by law.
p.(None):
p.(None): Article 266: The following are powers of the Supreme Tribunal of Justice:
p.(None):
p.(None): (1) To exercise constitutional jurisdiction in accordance with title VIII of this Constitution.
p.(None):
p.(None): (2) To rule as to whether or not there are grounds for impeaching the President* of the Republic or
p.(None): whomever may be acting in that capacity, and if so, to retain competence of the proceedings, subject to the approval of
p.(None): the National Assembly, until the final judgment.
p.(None):
p.(None): (3) To rule as to whether or not there are grounds for impeaching the Vice President* of the Republic; members* of
p.(None): the National Assembly or the Supreme Tribunal of Justice itself, Ministers*; the General Attorney*;
...
Social / public official
Searching for indicator public official:
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General/Other / Impaired Autonomy
Searching for indicator autonomy:
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p.(None): on islands in rivers and lakes, and the right to use the same shall be granted only in a manner that does not involve,
p.(None): directly or indirectly, the transfer of title to the land.
p.(None):
p.(None): Article 14: The law shall establish a special legal regime for those territories which, by the freely adopted
p.(None): decision of their inhabitants and with the approval of the National Assembly, come to be incorporated into
p.(None): the territory of the Republic.
p.(None):
p.(None): Article 15: The State is responsible for establishing an overall policy in land, insular and maritime border areas,
p.(None): preserving the territorial integrity, sovereignty, security, defense, national identity, diversity and environment
p.(None): in accordance with cultural, economic and social development and integration. Taking into account the
p.(None): inherent nature of each border region through special financial allocations, an Organic Law on Borders
p.(None): shall determine the obligations and objectives comprising this responsibility.
p.(None):
p.(None): Chapter 11
p.(None):
p.(None): Political Division
p.(None):
p.(None): Article 16: For purposes of the political organization of the Republic, the territory of the nation is divided into
p.(None): those of the States, the Capital District, federal dependencies and federal territories. The territory is organized
p.(None): into Municipalities. The political division of the territory shall be regulated by an organic law which shall
p.(None): guarantee municipal autonomy and administrative/political decentralization. Such law may provide for the
p.(None): creation of federal territorial in certain areas within the States, the taking effect of which shall be subject to
p.(None): the holding of a referendum to approve the same in the organ concerned. By special law, a federal territory
p.(None): may be given the status of a State; being allocated part or all of the territorial area concerned.
p.(None):
p.(None): Article 17: Federal dependencies are the maritime islands which are not incorporated into the territory of a
p.(None): State, as well as any island that may form or appear in the territorial sea or that covering the continental
p.(None): sheaf. Their regime and administration shall be provided by law.
p.(None):
p.(None): Article 18: The city of Caracas is the capital of the Republic and the seat of the organs of National Power. The
p.(None): provisions of this article shall not prevent the exercise of National Power elsewhere in the Republic. A special law
p.(None): shall establish the territorial and political unit of the city of Caracas, incorporating into a two-tier system of
p.(None): municipal government the Municipalities of the Capital District and those of the State of Miranda. Such
p.(None): law shall provide for the organization, government, administration, competency as well as resources of the
p.(None): city, with a view to its harmonious overall development. In any case the law shall guarantee the democratic and
p.(None): participative character of its government.
p.(None):
p.(None): TITLE III
p.(None):
p.(None): DUTIES, HUMAN RIGHTS AND GUARANTEES
p.(None):
p.(None): Chapter 1
p.(None):
p.(None): General Provisions
p.(None):
...
p.(None):
p.(None): Article 57: Everyone has the right to express freely his or her thoughts, ideas or opinions orally, in writing or by
p.(None): any other form of expression, and to use for such purpose any means of communication and diffusion, and no censorship
p.(None): shall be established. Anyone making use of this right assumes full responsibility for everything expressed. Anonymity,
p.(None):
p.(None): war propaganda, discriminatory messages or those promoting religious intolerance are not permitted. Censorship
p.(None): restricting the ability of public officials* to report on matters for which they are responsible is prohibited.
p.(None):
p.(None): Article 58: Communications are free and plural, and involve the duties and responsibilities
p.(None): indicated by law. Everyone has the right to timely, truthful and impartial information, without censorship, in
p.(None): accordance with the principles of this Constitution, as well as the right to reply and corrections when they are
p.(None): directly affected by inaccurate or offensive information. Children* and adolescents have the right to receive
p.(None): adequate information for purposes of their overall development.
p.(None):
p.(None): Article 59: The State guarantees the freedom of cult and religion. All persons have the right to profess their
p.(None): religious faith and cults, and express their beliefs in private or in public, by teaching and other practices,
p.(None): provided such beliefs are not contrary to moral, good customs and public order. The autonomy and independence of
p.(None): religious confessions and churches is likewise guaranteed, subject only to such limitations as may derive from this
p.(None): Constitution and the law. Father and Mother are entitled to have their sons and daughters receive
p.(None): religious education in accordance with their convictions. No one shall invoke religious beliefs or discipline as
p.(None): a means of evading compliance with law or preventing another person* from exercising his or her rights.
p.(None):
p.(None): Article 60: Every person is entitled to protection of his or her honor, private life, intimacy,
p.(None): self-image, confidentiality and reputation. The use of electronic information shall be restricted by law
p.(None): in order to guarantee the personal and family intimacy and honor of citizens* and the full exercise of their
p.(None): rights.
p.(None):
p.(None): Article 61: All persons have the right to freedom of conscience, and to express the same except those practices
p.(None): affecting personality or constituting criminal offense. Objections of conscience may not be invoked in order to
p.(None): evade compliance with law or prevent others from complying with law or exercising their rights.
p.(None):
p.(None): Chapter IV
...
p.(None):
p.(None): Article 78: Children* and adolescents are full legal persons and shall be protected by specialized courts,
p.(None): organs and legislation, which shall respect, guarantee and develop the contents of this Constitution, the law, the
p.(None): Convention on Children's Rights and any other international treaty that may have been executed and ratified by the
p.(None): Republic in this field. The State, families and society shall guarantee full protection as an absolute
p.(None): priority, taking into account their best interest in actions and decisions concerning them. The State shall promote
p.(None): their progressive incorporation into active citizenship, and shall create a national guidance system for the
p.(None): overall protection of children* and adolescents.
p.(None):
p.(None): Article 79: Young people have the right and duty to be active participants in the development process.
p.(None): The State, with the joint participation of families and society, shall create opportunities to stimulate their
p.(None): productive transition into adult life, including in particular training for and access to their first employment,
p.(None): in accordance with law.
p.(None):
p.(None): Article 80: The State shall guarantee senior citizens* the full exercise of their rights and guarantees. The State,
p.(None): with the joint participation of families and society, is obligated to respect their human dignity, autonomy and to
p.(None): guarantee them full care and social security benefits to improve and guarantee their quality of life. Pension and
p.(None): retirement benefits granted through the social security system shall not be less than the urban minimum
p.(None): salary. Senior citizens* shall be guaranteed to have the right to a proper work, if they indicate a
p.(None): desire to work and are capable to.
p.(None):
p.(None): Article 81: Any person with disability or special needs has the right to the full and autonomous
p.(None): exercise of his or her abilities and to its integration into the family and community. The State, with
p.(None): the joint participation of families and society, guarantees them respect for their human dignity, equality
p.(None): of opportunity and satisfactory working conditions, and shall promote their training, education and access
p.(None): to employment appropriate to their condition, in accordance with law. It is recognized that deaf persons have the
p.(None): right to express themselves and communicate through the Venezuelan sign language.
p.(None):
p.(None): Article 82: Every person has the right to adequate, safe and comfortable, hygienic housing, with
p.(None): appropriate essential basic services, including a habitat such as to humanize family, neighborhood and community
p.(None): relations. The progressive meeting of this requirement is the shared responsibility of citizens* and the
...
p.(None): collective relations and the resolution of labor conflicts. Collective bargaining agreements cover all
p.(None): workers* who are active* as of the time they are signed, and those hired thereafter.
p.(None):
p.(None): Article 97: All workers in the public and private sector have the right to strike, subject to such conditions as may be
p.(None): established by law.
p.(None):
p.(None): Chapter VI
p.(None): Culture and Educational Rights
p.(None):
p.(None): Article 98: Cultural creation is free. This freedom includes the right to invest in, produce and disseminate the
p.(None): creative, scientific, technical and humanistic work, as well as legal protection of the author's* rights in his
p.(None): works. The State recognizes and protects
p.(None):
p.(None): intellectual property rights in scientific, literary and artistic works, inventions, innovations,
p.(None): trade names, patents, trademarks and slogans, in accordance with the conditions and exceptions established by
p.(None): law and the international treaties executed and ratified by the Republic in this field.
p.(None):
p.(None): Article 99: Cultural values are the unrenounceable property of the Venezuelan people and a fundamental right
p.(None): to be encouraged and guaranteed by the State, efforts being made to provide the necessary conditions, legal
p.(None): instruments, means and funding. The autonomy of the public administration of culture is recognized, on such terms as
p.(None): may be established by law. The State guarantees the protection and preservation, enrichment, conservation and
p.(None): restoration of the cultural tangible and intangible heritage and the historic memories of the nation. The assets
p.(None): constituting the cultural heritage of the nation are inalienable, not subject to distrait or to statute of
p.(None): limitations. Penalties and sanctions for damage caused to these assets shall be provided for by law.
p.(None):
p.(None): Article 100: The folk cultures comprising the national identity of Venezuela enjoy special attention, with
p.(None): recognition of and respect for intercultural relations under the principle of equality of cultures. Incentives
p.(None): and inducements shall be provided for by law for persons, institutions and communities which promote, support,
p.(None): develop or finance cultural plans, programs and activities within the country and Venezuelan culture abroad. The
p.(None): State guarantees cultural workers inclusion in the Social security system to provide them with a dignified life,
p.(None): recognizing the idiosyncrasies of cultural work, in accordance with law.
p.(None):
p.(None): Article 101: The State guarantees the issuance, receiving and circulation of cultural information. The
...
p.(None):
p.(None): Article 106: Every natural or juridical person, subject, to demonstration of its ability and provided it meets at all
p.(None): times the ethical, academic, scientific, financial, infrastructure and any other requirements that may be established
p.(None): by law, shall be permitted to found and maintain private educational institutions under the strict inspection and
p.(None): vigilance of the State, with the prior approval of the latter.
p.(None):
p.(None): Article 107: Environmental education is obligatory in the various levels and modes of the education system, as well
p.(None): as in informal civil education. Spanish, Venezuelan geography and history and the principles of the Bolivarian
p.(None): thought shall be compulsory courses at public and private institutions up to the diversified cycle level.
p.(None):
p.(None): Article 108: The communications media, public and private, shall contribute to civil education. The State
p.(None): guarantees public radio and television services and library and computer networks, with a view to permitting
p.(None): universal access to information. Education centers are to incorporate knowledge and application of new
p.(None): technologies and the resulting innovations, in accordance with such requirements as may be established by law to this
p.(None): end.
p.(None):
p.(None): Article 109: The State shall recognize the autonomy of universities as a principle and status that
p.(None): allows teachers*, students* and graduates from its community, to devote themselves to the search for
p.(None): knowledge through research in the fields of science, humanistic and technology, for the spiritual
p.(None): and material benefit of the Nation. Autonomous universities shall adopt their own rules for their governance
p.(None): and operation and the efficient management of their property, under such control and vigilance as may be established by
p.(None): law to this end. Autonomy of universities is established in the planning, organization, preparation and updating of
p.(None): research, teaching and extension programs. The inviolability of the university campus is established.
p.(None): Experimental national universities shall attain their autonomy in accordance with law.
p.(None):
p.(None): Article 110: The State recognizes as being in the public interest science, technology, knowledge,
p.(None): innovation and the resulting applications, and the necessary information services, the same being fundamental
p.(None): instruments for the country's economic, social and political development, as well as for national sovereignty and
p.(None): security. To promote and develop these activities, the State shall allocate sufficient resources and shall
p.(None): create a national science and technology system in accordance with law. The private sector shall contribute with
p.(None): resources as well. The State shall guarantee the enforcement of the ethical and legal principles that are to
p.(None): govern research activities in science, humanism and technology. The manners and means of fulfilling this
p.(None): guarantee shall be determined by law.
p.(None):
p.(None): Article 111: All persons have a right to sports and recreation as activities beneficial to individual and collective
p.(None): quality of life. The State assumes responsibility for sports and recreation as an education and public health policy,
p.(None): and guarantees the resources for the furtherance thereof. Physical education and sports play a fundamental role in the
p.(None): overall education of childhood and adolescents. Instruction in the same is obligatory at all levels of public and
p.(None): private education up to the diversified cycle, with such exceptions as may be established by law. The State
...
p.(None): shall be elected for a term of four years by a majority vote. The Governor* can be re-elected to an additional term
p.(None): only immediately and only once.
p.(None): Article 161: Governors* shall give a yearly public accounting to the State Comptroller for their office, and shall
p.(None): submit a report on the same to the Legislative Council and the Public Policy Planning and Coordination Council.
p.(None): Article 162: Legislative Authority shall be exercised in each State by a Legislative Council-consisting of
p.(None): no more than fifteen and at least seven members, who shall
p.(None):
p.(None): proportionally represent the population of the State and the Municipalities. The Legislative
p.(None): Council shall have the following powers:
p.(None):
p.(None): (1) To legislate matters within state competence.
p.(None):
p.(None): (2) Pass the state's Budget Law.
p.(None):
p.(None): (3) Any others vested in it by this Constitution or by the law.
p.(None):
p.(None): The requirements for being a member of the Legislative Council, the obligation to give a yearly accounting and immunity
p.(None): within the territorial jurisdiction, shall be governed by the rules established by this Constitution for deputies* of
p.(None): the National Assembly, insofar as applicable. State legislators* shall be elected for a four-year term, being eligible
p.(None): for reelection for only two terms. The organization and functioning of the Legislative Council shall be
p.(None): regulated by the national law.
p.(None): Article 163: Each State shall have a Comptroller's Office which shall enjoy structural and operating
p.(None): autonomy. The State Comptroller's Office shall exercise, in accordance with this Constitution and in
p.(None): accordance with law, control, vigilance and auditing authority over state revenues, expenses and assets, without
p.(None): prejudice to the scope of the functions of the Office of the General Comptroller of the Republic. This body shall act
p.(None): under the direction and responsibility of a Comptroller*, whose qualifications to serve in this position shall be
p.(None): determined by law, guaranteeing his capability and independence, as well as the neutrality of his appointment, which
p.(None): shall be by public competition.
p.(None): Article 164: Is of the States exclusive competence:
p.(None):
p.(None): (1) Promulgating their Constitution to organize public authority, in accordance with the provisions of
p.(None): this Constitution.
p.(None):
p.(None): (2) Organization of their Municipalities and other local organs and the territorial and political
p.(None): divisions between them, in accordance with this Constitution and in accordance with law.
p.(None):
p.(None): (3) Management of their assets and investment and management of their resources, including those deriving from
p.(None): transfers, subsidies or special assuagements from National Power, and those assigned to them as a share of national
p.(None): tax revenues.
p.(None):
p.(None): (4) Organization, collection, control and administration of their own taxes, in accordance with provisions of national
p.(None): and state law.
p.(None):
p.(None): (5) The governance and exploitation of non-metallic minerals that are not reserved to National Power, as well as salt
...
p.(None):
p.(None): (2) Principles, rules and procedures with a view to ensure the proper and efficient use of the resources deriving
p.(None): from the constitutional revenue share and the share of the Municipalities therein shall be established by
p.(None): law.
p.(None):
p.(None): (3) Any other taxes, charges and special contributions that may be allocated to them by national law for the
p.(None): purpose of helping to develop the state treasuries. Laws creating or transferring tax revenues to the States
p.(None): may offset these allocations by means of changes in the other revenue categories indicated in this
p.(None): article, in order to preserve inter-territorial fairness. The percentage of estimated ordinary national revenues
p.(None): allocated to the constitutional revenue share shall be no less than 15% of estimated ordinary revenues, taking
p.(None): into account the financial position and sustainability of the National Public Treasury, without
p.(None): neglecting the ability of the state administrative authorities to provide adequately for the services for which they
p.(None): are responsible.
p.(None):
p.(None): (4) Resources deriving from the Inter-territorial Compensation Fund and from any other transfer, subsidy or special
p.(None): appropriation, as well as those allocated to them as a share of national tax revenues, in accordance with the pertinent
p.(None): law.
p.(None):
p.(None): Chapter IV
p.(None): Municipal Public Power
p.(None):
p.(None): Article 168: Municipalities constitute the primary political unit in the organization of the nation, and enjoy
p.(None): artificial personality and autonomy within the limits prescribed by the Constitution and the law.
p.(None): Municipal autonomy includes:
p.(None):
p.(None): (1) Election of municipal authorities.
p.(None):
p.(None): (2) Management of affairs within the scope of its competence.
p.(None):
p.(None): (3) Creation, collection and investment of its revenues.
p.(None):
p.(None): The actions of a Municipality within the scope of its competence shall be carried out by incorporating citizen
p.(None): participation into the process of defining and managing public affairs and monitoring and evaluating the
p.(None): results achieved, in an effective, sufficient and timely manner, in accordance with law. The actions of Municipalities
p.(None): may be contested only before the courts of competent jurisdiction, in accordance with the Constitution and the law.
p.(None): Article 169: The organization of Municipalities and other local entities shall be governed by this Constitution, by
p.(None): the rules established by national organic laws to implement constitutional principles, and by such provisions
p.(None): of law as may be enacted by the States in accordance with the aforementioned. Legislation enacted to implement
p.(None): constitutional principles relating to Municipalities and other local entities shall establish various
p.(None): structures for the organization, governance and administration of the same, including as regards the determination of
p.(None): their powers and resources, taking into account conditions relating to population, economic development, ability to
p.(None): generate their own tax revenues, geographical location, historical and cultural elements and other relevant
p.(None): factors. In particular, such legislation shall establish the options for organizing the system of local administration
...
p.(None): States, or official entities or with companies not domiciled in Venezuela.
p.(None):
p.(None): (10) To vote resolutions of censure against the Executive Vice President* and Ministers*. A censure motion shall
p.(None): be debated only two days after being submitted to the Assembly, which shall have the power to decide by a three
p.(None): fifths vote that the censure shall include the removal from office of the Executive Vice-President* or the Minister*
p.(None): concerned.
p.(None):
p.(None): (11) To authorize the operation of Venezuelan military missions abroad or foreign military missions within the country.
p.(None):
p.(None): (12) To authorize the National Executive to dispose of nonpublic real property owned by the Nation, with such
p.(None): exceptions as may be established by law.
p.(None):
p.(None): (13) To authorize public officials* to accept positions, honors or rewards from foreign governments.
p.(None):
p.(None): (14) To authorize the appointment of the General Attorney of the Republic* and the Heads of
p.(None): Permanent Diplomatic Missions.
p.(None):
p.(None): (15) To confer the honors of the National Pantheon on illustrious Venezuelans* who have rendered
p.(None): eminent services to the Republic, after 25 years have elapsed since the death of such persons; this decision may be
p.(None): made upon a recommendation from the President* of the Republic, two thirds of the State Governors*, all of
p.(None): the rectors of the National Universities.
p.(None):
p.(None): (16) To tend that the interests and autonomy of the States are upheld.
p.(None):
p.(None): (17) To authorize the departure of the President* of the Republic from the territory of the Nation, when such
p.(None): absence is to last longer than five consecutive days.
p.(None):
p.(None): (18) To approve by law any international treaties or agreements entered into by the National Executive, with
p.(None): the exceptions set forth in the present Constitution.
p.(None):
p.(None): (19) To enact its own internal regulations and apply such sanctions as may be provided for thereunder.
p.(None):
p.(None): (20) To pass on the qualifications of its members and take notice of their resignation. The temporarily separation
p.(None): of a deputy* from his or her office, shall only be decided by a two thirds vote of those present.
p.(None):
p.(None): (21) To organize its own internal security service.
p.(None):
p.(None): (22) To pass and implement its budget of expenditures, taking into account the country's financial limitations.
p.(None):
p.(None): (23) To implement resolutions concerning its own administrative organization and functioning.
p.(None):
p.(None): (24) Any others indicated in this Constitution or by law.
p.(None):
p.(None): Article 188: To be elected to the office of deputy of the National Assembly, a person must:
p.(None):
p.(None): (1) Be Venezuelan by birth, or by naturalization with 15 years of residence within the territory of Venezuela.
p.(None):
p.(None): (2) Be over the age of 21 years.
p.(None):
p.(None): (3) Have resided for four consecutive years in the organ from which he or she is elected, prior to such election.
p.(None):
p.(None): Article 189: The following shall not be eligible for the office of deputy*:
p.(None):
...
p.(None): by all of the States chief executives jointly.
p.(None):
p.(None): Chapter III
p.(None): Judicial Power and Justice System Section One: General Provisions
p.(None):
p.(None): Article 253: The power to administer justice emanates from the citizens* and is exercised in the name of
p.(None): the Republic by Authority of law. The organs comprising the Judicial Power are charged with dealing with
p.(None): all cases and matters within their competence, through such procedures as may be determined by the
p.(None): laws, and with carrying out or causing the execution of their judgments. The justice system consists of the Supreme
p.(None): Tribunal of Justice, such other courts as may be determined by law, the Office of Public Prosecutions,
p.(None): the Public Defender's Office, criminal investigation organs, judicial assistants and officials*, the
p.(None): penitentiary system, alternative means of justice, citizens* participating in the administration of justice in
p.(None): accordance with law and attorneys* at law admitted to practice.
p.(None):
p.(None): Article 254: The Judicial Power is autonomous, and the operating, financial and administrative autonomy of
p.(None): the Supreme Tribunal of Justice is hereby established. To this end, in the national general budget a variable annual
p.(None): amount at least equivalent to 2% of the ordinary national budget shall be allocated to the justice system in order to
p.(None): enable it to function effectively; such amount shall not be reduced or modified without authorization in advance from
p.(None): the National Assembly. The Judicial Power is not authorized to establish any charges or tariffs, nor to demand any
p.(None): payment for its services.
p.(None):
p.(None): Article 255: Appointment to a judicial position and the promotion of judges shall be carried out by means
p.(None): of public competitions to ensure the capability and excellence of the participants, with selection by the juries of the
p.(None): judicial circuits, in such manner and on such terms as may be established by law. The appointment and
p.(None): swearing in of judges shall be the responsibility of the Supreme Tribunal of Justice. Citizen participation in the
p.(None): process of selecting and designating judges* shall be guaranteed by law. Judges* shall be removed or suspended from
p.(None): office only through the procedures expressly provided for by law. Measures shall be taken by law to promote the
p.(None): professionalism of judges*, and the universities shall cooperate to this end, organizing their corresponding
p.(None): law schools curricula to specialized studies in judicial practice. Judges are personally liable, on such terms as
p.(None): may be determined by law, for unjustified omissions, delay or errors, for substantial failure to observe
...
p.(None): (8) To take jurisdiction of appeals for violations of law.
p.(None):
p.(None): (9) Such others as may be vested in it by law.
p.(None):
p.(None): The powers indicated under (1) shall be exercised by the Constitutional Division; those indicated under (2 ) and (3),
p.(None): in Plenary Session; and those indicated under (4) and (5), by the Political/Administrative Division. The remaining
p.(None): powers shall be exercised by the various divisions as provided for under this Constitution and by law.
p.(None):
p.(None): Section Three: Governance and Administration of the Judicial Power
p.(None):
p.(None): Article 267: The Supreme Tribunal of Justice is charged with the direction, governance and administration of the
p.(None): Judicial Power and inspection and vigilance of the courts of the Republic and the public defenders' offices. The
p.(None): Supreme Tribunal is also charged with preparing and implementing its own budget and that of the Judicial Power.
p.(None): Jurisdiction over judicial discipline shall be vested in such disciplinary courts as may be determined by law. The
p.(None): discipline system for magistrates* and judges* shall be based in the Venezuelan Judge's* Code of Ethics
p.(None): to be promulgated by the National Assembly. Disciplinary proceedings shall be public, oral and
p.(None): expeditious, in accordance with due process, subject to such terms and conditions as may be established by law. In
p.(None): order to exercise these powers, the Supreme Tribunal in plenary session shall create an Executive Department of the
p.(None): Judiciary, with its various regional offices.
p.(None):
p.(None): Article 268: The autonomy and organization, functioning, discipline and fitness of service of public
p.(None): defenders shall be provided for by law, in order to ensure the efficiency of the service and guarantee career benefits
p.(None): for public defenders.
p.(None):
p.(None): Article 269: The organization of judicial circuits and the creation and competence of regional courts and
p.(None): tribunals shall be regulated by law in such manner as to promote the administrative and jurisdictional decentralization
p.(None): of the Judicial Power.
p.(None):
p.(None): Article 270: The Committee on Judicial Nominations is a body charged with advising the Judicial Power on the selection
p.(None): of candidates* for designation as justices of the Supreme Tribunal of Justice. In addition, it shall advise the
p.(None): judicial electoral colleges on the election of judge,* of disciplinary jurisdiction. The Committee on Judicial
p.(None): Nominations shall be made up of representatives of the various sectors of society, in accordance with such provisions
p.(None): as may be established by law.
p.(None):
p.(None): Article 271: Extradition of foreign nationals responsible for capital deslegitimization, drug, and
p.(None): international organized crime offenses, as well as crimes against the public patrimony of other States and
p.(None): against human rights, shall in no case be denied. Judicial proceedings for the purpose of punishing offenses
p.(None): against human rights or public patrimony, or drug trafficking, shall not be barred by the statute of limitations.
...
p.(None): of inmates* and respect for their human rights. To this end, penitentiary establishments shall have areas
p.(None): for work, study, sports and recreation, shall operate under the direction of professional penologists with academic
p.(None): credentials, and will be ruled by decentralized administration by state or municipal governments; they may be subject
p.(None): to privatization arrangements. In such establishments, an open regimen shall be preferred, as well as the model of
p.(None): custodial agricultural colonies. In all cases punishment formulas without restriction of freedom shall be
p.(None): applied with preference to measures that restrict freedom. The State shall create the essential institutions to
p.(None): provide post-penitentiary assistance for the reinsertion of the inmate* into society and shall encourage the creation
p.(None): of an autonomous penitentiary institution with personnel of an exclusively technical nature.
p.(None):
p.(None): Chapter IV
p.(None): Citizen Power
p.(None): Section One: General Provisions
p.(None):
p.(None): Article 273: Citizen Power is exercised by the Republican Ethics Council, consisting of the People Defender*, the
p.(None): General Prosecutor* and the General Comptroller of the Republic. The organs of Citizen Power are the People
p.(None): Defender's Office, the Office of Public Prosecutions and the Office of the General Comptroller of the Republic, one of
p.(None): whose heads shall be designated by the Republican Ethics Council as its Chairman for a one-year term of office, with
p.(None): the possibility of re-election. Citizen Power is independent
p.(None):
p.(None): and its organs enjoy operating, financial and administrative autonomy. To this end, from the general State budget it
p.(None): shall be allocated a variable annual budget appropriation. Its organization and operation shall be established by
p.(None): organic act. Article 274: The organs exercising Citizen Power are charged, in accordance with this Constitution and
p.(None): with the law, with preventing, investigating and punishing actions that undermine public ethics and
p.(None): administrative morals; to see to sound management and legality in the use of public property, and fulfillment and
p.(None): application of the principle of legality in all of the State's administrative activities, as well as to promote
p.(None): education as a process that helps create citizenship, together with solidarity, freedom, democracy, social
p.(None): responsibility and work.
p.(None):
p.(None): Article 275: The representatives of the Republican Ethic Council shall issue to the authorities or
p.(None): officials* of the National Public Administrative warnings as to breaches in the fulfillment of their legal duties.
p.(None): If these warnings are not heeded, the Republican Ethics Council shall have the power to impose the penalties
p.(None): established by law. In the event of contempt, the Chairman of the Republican Ethics Council shall submit a report to
p.(None): the organ or dependency to which the public official or employee concerned is attached, in order that such
...
p.(None): party is required in order to initiate or continue such prosecution, with the exceptions established by law.
p.(None):
p.(None): (5) To file any appropriate actions to hold liable public officials* who have incurred civil, labor,
p.(None): military, criminal, administrative or disciplinary liability the course of their official duties.
p.(None):
p.(None): (6) Any other functions that may be assigned to this office by the Constitution and by law.
p.(None):
p.(None): These attributions do not discredit the exercise of any rights or actions to which private parties or other
p.(None): officials* may be entitled in accordance with this Constitution and the law.
p.(None):
p.(None): Article 286: Matters relating to the organization and functioning of the Office of Public Prosecutions at the
p.(None): municipal, state and national levels shall be determined by law, providing the appropriate measures to ensure
p.(None): the suitability, probity and stable tenure of the attorneys* of the Office of Public Prosecutions. Rules to
p.(None): guarantee the exercise of these functions by career personnel shall also be established by law.
p.(None):
p.(None): Section Four: Office of the General Comptroller of the Republic
p.(None):
p.(None): Article 287: The Office of the General Comptroller of the Republic is the organ that controls, watches
p.(None): and audits revenues, expenses, public and national property and transactions relating to the same. It enjoys
p.(None): operating, administrative and organizational
p.(None):
p.(None): autonomy, and concentrates its activities on functions relating to inspection of the organs and entities under its
p.(None): oversight.
p.(None):
p.(None): Article 288: The Office of the General Comptroller of the Republic shall be under the direction and responsibility of
p.(None): the General Comptroller* of the Republic, who must be Venezuelan*, over 30 years of age and possessed of
p.(None): proven ability and experience for purposes of performing the duties of the position. The General
p.(None): Comptroller* of the Republic shall be designated for a seven-year term.
p.(None):
p.(None): Article 289: The following are functions of the General Comptroller of the Republic:
p.(None):
p.(None): (1) To control, make vigilance and audit public revenues, expenses and property, as well as transactions
p.(None): relating to the same, without prejudice to the functions vested in other organs, in the case of the States
p.(None): and Municipalities, in accordance with law.
p.(None):
p.(None): (2) To control the public debt, without prejudice to the functions vested in other organs, in the case of the States
p.(None): and Municipalities, in accordance with law.
p.(None):
p.(None): (3) To inspect and audit the public-sector, organs, entities and juridical persons subject to his
p.(None): control, conduct audits, order the opening of investigations into irregularities against public patrimony, as
p.(None): well as order measures, raising objections and applying administrative penalties as appropriate, in accordance
p.(None): with law.
p.(None):
p.(None): (4) To call on the General Prosecutor* of the Republic to file the appropriate legal actions with regard to
...
p.(None): electoral processes for other organizations in civil society, either at their request or by order of the Electoral
p.(None): Division of the Supreme Tribunal of Justice. The entities, organs and organizations concerned shall cover the
p.(None): costs of their election processes.
p.(None):
p.(None): (7) To maintain, organize, direct and supervise the Civil and Electoral Registry.
p.(None):
p.(None): (8) To organize the registration and enrollment of organizations pursuing a political purposes, and see that such
p.(None): organizations comply with the
p.(None):
p.(None): provisions governing their status, as set forth in the Constitution and law. In particular, Electoral Power
p.(None): shall decide on applications for the founding, renewal and cancellation of organizations for political
p.(None): purposes, the determination of their lawful authorities and provisional names, colors and symbols.
p.(None):
p.(None): (9) To control, regulate and investigate the funds raised to finance organizations for political purposes.
p.(None):
p.(None): (10) Such other functions as may be determined by law. Electoral Power organs shall guarantee the equality,
p.(None): reliability, impartiality, transparency and efficiency of electoral processes, as well as implementation of
p.(None): the personalization of suffrage and proportional representation.
p.(None):
p.(None): Article 294: The organs comprising Electoral Power are governed by principles of organic independence,
p.(None): functional and budgetary autonomy, separation of the electoral organs from the political parties,
p.(None): impartiality and citizen participation, as well as decentralization of electoral administration, transparency
p.(None): and expeditiousness of the voting process and tallying of votes.
p.(None):
p.(None): Article 295: The Election Nominations Committee for candidates* for membership seats on the National Electoral
p.(None): Council shall be made up of representatives of the various different sectors of society, as provided for by
p.(None): law.
p.(None):
p.(None): Article 296: The National Electoral Council shall consist of five members having no ties to organizations for political
p.(None): purposes; three of these shall be nominated by civil society, one by the schools of law and political science of the
p.(None): national universities, and one by the Citizen Power. The three members nominated by civil society shall have six
p.(None): alternates in ordinal sequence, and each of the members designated by the universities and Citizen Power
p.(None): shall have respectively two alternates. The National Board of Elections, the Civil Status and Voter Registration
p.(None): Commission and the Commission on Political Participation and Financing shall each be presided over by a member*
p.(None): designated by civil society. The members* of the National Electoral Council shall hold office for seven years and shall
p.(None): be elected separately: the three nominated by civil society at the beginning of each term of office of the National
p.(None): Assembly , and the other two halfway through such term of office. The members* of the National Electoral Council shall
...
p.(None): submit to the National Assembly within six months of the close of the fiscal year the annual accounting
p.(None): and budget implementation balance sheet for such fiscal year.
p.(None):
p.(None): Section Two: Taxation System
p.(None):
p.(None): Article 316: The taxation system shall seek a fair distribution of public burdens in accordance with the
p.(None): taxpayer's ability to pay, taking into account the principle of progressive taxation, as well as
p.(None): protection of the national economy and raising the standard of living of the population, the foundation
p.(None): therefore being an efficient system for the collection of taxes.
p.(None):
p.(None): Article 317: No tax, assessment or contribution of any kind shall be collected unless it is established by law, and no
p.(None): exemptions, abatements or other types of tax incentives shall be granted except as provided for by law. No tax shall
p.(None): have a confiscatory effect. No tax obligations payable in personal services shall be established. Tax evasion
p.(None): may be punished as a criminal offense, without prejudice to other penalties established by law. In case of officials*
p.(None): they shall be punished double. Every tax law shall specify the interval that is to lapse before it goes into effect. In
p.(None): the absence of such provision, the period shall be understood as being 60 calendar days. This provision
p.(None): shall not restrict the extraordinary powers to be granted by the National Executive in the cases provided for
p.(None): by this Constitution. The national tax administration shall enjoy technical, operating and financial autonomy
p.(None): in accordance with legislation approved by the National Assembly, and its maximum authority shall be designated
p.(None): by the President* of the Republic, in accordance with the rules laid down in the pertinent law.
p.(None):
p.(None): Section Three: National Monetary System
p.(None):
p.(None): Article 318: The monetary competence of National Authority shall necessarily be exercised exclusively by the
p.(None): Venezuelan Central Bank. The fundamental objective of the Venezuelan Central Bank is to achieve price stability
p.(None): and preserve the internal and foreign exchange value of the monetary unit. The monetary unit of the
p.(None): Bolivarian Republic of Venezuela is the Bolivar. In the event a common currency is instituted within the framework of
p.(None): Latin American and Caribbean integration, it shall be permissible to adopt the currency provided for by
p.(None): a treaty signed by the Republic. The Venezuelan
p.(None):
p.(None): Central Bank is a public-law juridical person with autonomy to formulate and implement policies within its sphere of
p.(None): competence. The Venezuelan Central Bank shall perform its functions in coordination with general economic policy,
p.(None): in the interest of attaining the higher objectives of the State and the Nation. In order to provide
p.(None): for the adequate attainment of its objective, the functions of the Venezuelan Central Bank shall include those
p.(None): of formulating and implementing monetary policy, participating in the design of and implementing foreign
p.(None): exchange policy, currency regulation, credit and interest rate, administrating international reserves and any others
p.(None): established by law.
p.(None):
p.(None): Article 319: The Venezuelan Central Bank shall be governed by the principle of public responsibility, to which end
p.(None): it shall render an accounting of its actions, goals and the results of its policies to the National Assembly,
p.(None): in accordance with law. It shall also issue periodic reports on the behavior of the country's macroeconomic
p.(None): variables and on any other matters concerning which reports may be requested, including sufficient analysis to
p.(None): permit its evaluation. Failure to meet the objective and goals, without justifiable cause shall result in
p.(None): removal of the Board of Directors and imposition of administrative penalties, in accordance with law. The
p.(None): Venezuelan Central Bank shall be subject to oversight after the fact by the Office of the General
p.(None): Comptroller of the Republic and inspection and supervision by the public entity that supervises banking, which
p.(None): shall send to the National Assembly reports on the inspections it conducts. The budget of operating expenses of the
...
General/Other / Public Emergency
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p.(None): himself or herself, or with the aid of specialists. The competent authorities shall keep a public record of every
p.(None): arrest made, including the identity of the person arrested, the place, time, circumstances and the officers
p.(None): who made the arrest.
p.(None):
p.(None): (4) In the case of the arrest of foreign nationals, (male or female), applicable provisions of
p.(None): international treaties concerning consular notification shall also be observed.
p.(None):
p.(None): (5) The penalty shall not extend beyond the person of the convicted individual. No one shall be sentenced to
p.(None): perpetual or humiliating penalties. Penalties consisting of deprivation of liberty shall not exceed 30 years.
p.(None):
p.(None): (6) Any authority taking measures involving the deprivation of liberty must identify himself or herself.
p.(None):
p.(None): (7) No person shall remain under arrest after a release order has been issued by the competent
p.(None): authority or such person's sentence has been served.
p.(None):
p.(None): Article 45: The public authorities, whether military, civilian or of any other kind, even during a state of emergency,
p.(None): exception or restriction or guarantees, are prohibited from effecting, permitting or tolerating the forced
p.(None): disappearance of persons. An officer* receiving an order or instruction to carry it out, has the
p.(None): obligation not to obey, and to report the order or instruction to the competent authorities. The intellectual and
p.(None): physical perpetrators* accomplices and concealers* of the crimes of forced disappearance of a person, as
p.(None): well as any attempt to commit such offense, shall be punished in accordance with law.
p.(None):
p.(None): Article 46: Everyone is entitled to respect for his or her physical, mental and moral integrity,
p.(None): therefore:
p.(None):
p.(None): (1) No person shall be subjected to penalties, tortures, cruelty, inhuman or degrading treatment. Every victim
p.(None): of torture or cruel, inhumane or degrading treatment effected or tolerated by agents of the State
p.(None): has the right to rehabilitation.
p.(None):
p.(None): (2) Any person deprived of liberty shall be treated with respect due to the inherent dignity of the human being.
p.(None):
p.(None): (3) No person shall be subjected without his or her freely given consent to scientific experiments or medical or
p.(None): laboratory examinations, except when such person's life is in danger, or in any other circumstances as may
p.(None): be detained by law.
p.(None):
p.(None): (4) Any public official who, by reason of his official position, inflicts mistreatment or physical or mental
...
p.(None): official* concerning matters within their competence, and to obtain a timely and adequate response. Whoever
p.(None): violates this right shall be punished in accordance with law, including the possibility of dismissal from
p.(None): office.
p.(None):
p.(None): Article 52: Everyone has the right to assemble for lawful purposes, in accordance with law. The State is obligated to
p.(None): facilitate the exercise of this right.
p.(None):
p.(None): Article 53: Everyone has the right to meet publicly or privately, without obtaining permission in
p.(None): advance, for lawful purposes and without weapons. Meetings in public places may be regulated by law.
p.(None):
p.(None): Article 54: No person shall be subjected to slavery or servitude. Traffic of persons, in particular women, children*
p.(None): and adolescents, in any form, shall be subject to the penalties prescribes by law.
p.(None):
p.(None): Article 55: Every person has the right to protection by the State, through the citizen safety organs
p.(None): regulated by law, from situations that affect or constitute a threat, vulnerability or risk to the
p.(None): physical integrity of individuals, their properties, the enjoyment of rights or the Fulfillment of duties.
p.(None): Participation by citizens* in programs for purposes of prevention, citizen safety and emergency management shall be
p.(None): regulated by a special law. The State's security corps shall respect the human dignity and rights of all persons. The
p.(None): use of weapons or toxic substances by police and security officers shall be limited by the principles of
p.(None): necessity, convenience, opportunity and proportionality in accordance with law.
p.(None):
p.(None): Article 56: Every person has the right to his own name, to the summates of his father and mother, and to know the
p.(None): identity of the latter. The State guarantees the right to investigates maternity and paternity. All persons
p.(None): have the right to be registered free of charge with the Civil Registry Office after birth, and to obtain
p.(None): public documents constituting evidence of their biological identity, in accordance with law. Such
p.(None): documents shall not contain any mention classifying the parental relationship.
p.(None):
p.(None): Article 57: Everyone has the right to express freely his or her thoughts, ideas or opinions orally, in writing or by
p.(None): any other form of expression, and to use for such purpose any means of communication and diffusion, and no censorship
p.(None): shall be established. Anyone making use of this right assumes full responsibility for everything expressed. Anonymity,
p.(None):
p.(None): war propaganda, discriminatory messages or those promoting religious intolerance are not permitted. Censorship
p.(None): restricting the ability of public officials* to report on matters for which they are responsible is prohibited.
p.(None):
p.(None): Article 58: Communications are free and plural, and involve the duties and responsibilities
...
p.(None):
p.(None): Article 155: In the international agreements, treaties and conventions entered into by the Republic, a clause shall
p.(None): be inserted whereby the parties agree to resolve by peaceful means recognized under international law or
p.(None): agreed upon in advance between them, where this is the case, any controversies that may arise between them in
p.(None): connection with its interpretation or implementation, if not inappropriate and if it is permitted by the
p.(None): procedure to be followed in entering into the treaty, agreement or convention.
p.(None):
p.(None): Chapter 11
p.(None): Competence of National Public Power
p.(None):
p.(None): Article 156: Is of the competence of the National Public Power:
p.(None):
p.(None): (1) The international policy and actions of the Republic.
p.(None):
p.(None): (2) Defense and supreme vigilance of the general interests of the Republic, public peace keeping and the proper
p.(None): enforcement of the laws throughout the national territory.
p.(None):
p.(None): (3) The flag, coat of arms, national anthem, holidays, decorations and honors of a national nature.
p.(None):
p.(None): (4) Naturalization, admission, extradition and expulsion of foreign nationals*.
p.(None):
p.(None): (5) Identification services.
p.(None):
p.(None): (6) The national police.
p.(None):
p.(None): (7) National security, defense and development.
p.(None):
p.(None): (8) The organization and governance of the National Armed Forces.
p.(None):
p.(None): (9) The governance of risk and emergency management.
p.(None):
p.(None): (10) The organization and governance of the Capital District and the federal dependencies.
p.(None):
p.(None): (11) Regulation of central banking, the monetary system, foreign currency, the financial and capital market system and
p.(None): the issuance and mintage of currency.
p.(None):
p.(None): (12) The creation, organization, collection, administration and control of taxes on income, inheritances, donations
p.(None): and other related areas, capital, production, value added, hydrocarbons and mines; duties on the importing and
p.(None): exporting of products and services; taxes on the consumption of liquor, alcohol and other products containing
p.(None): alcohol, cigarettes and other tobacco products; and any other taxes, assessments and revenues not expressly
p.(None): assigned by this Constitution and the law to the States and Municipalities.
p.(None):
p.(None): (13) Legislation to guarantee the coordination and harmony of the various different taxing powers and define
p.(None): principles, parameters and limitations, especially for purposes of determining the tax rates and aliquot parts for
p.(None): state and municipal taxes, and to create specific funds that ensure inter- territorial solidarity.
p.(None):
p.(None): (14) The creation and organization of land taxes or taxes on rural properties and on real estate
p.(None): transactions, the collection and oversight of which is the responsibility of the Municipalities, in accordance with
p.(None): this Constitution.
p.(None):
p.(None): (15) The governance of foreign trade and the organization and governance of customs.
p.(None):
p.(None): (16) The governance and management of mines and hydrocarbons, the governance of vacant lands and the
...
p.(None): Assembly shall also have the power to create Committees of temporary nature for purposes of research and
p.(None): study, all of the foregoing in accordance with the applicable Regulations. The National Assembly shall
p.(None): have the power to create or abolish Standing Committees by the favorable vote of two thirds of the members of the
p.(None): Assembly.
p.(None):
p.(None): Article 194: The National Assembly shall elect among its members one President* and two Vice-Presidents*, as well as
p.(None): one Secretary* and an Undersecretary*, not member of
p.(None):
p.(None): the Assembly, for a term of one year. The Regulations shall establish the methods for filling temporary
p.(None): and permanent vacancies.
p.(None):
p.(None): Article 195: While the Assembly is in recess, a Delegated Committee consisting of the President*, the Vice-President*
p.(None): and the Presidents* of the Standing Committees shall be in session.
p.(None):
p.(None): Article 196: The following are powers of the Delegated Committee:
p.(None):
p.(None): (1) To call the National Assembly into extraordinary session, when the importance of any matter so demands.
p.(None):
p.(None): (2) To authorize the President of the Republic to leave the territory of Venezuela.
p.(None):
p.(None): (3) To authorize the National Executive to order additional appropriations.
p.(None):
p.(None): (4) To designate temporary Committees consisting of members of the Assembly.
p.(None):
p.(None): (5) To execute investigations functions ascribed to the Assembly.
p.(None):
p.(None): (6) By a two thirds vote of its members, to authorize the National Executive to create, modify or
p.(None): suspend public services in the event of a proven emergency.
p.(None):
p.(None): (7) Any others established by the Constitution or by law.
p.(None):
p.(None): Section Three: Deputies* of the National Assembly
p.(None):
p.(None): Article 197: Deputies* of the National Assembly, are obligated to work on a full-time basis for the benefit of the
p.(None): people's interest, and to stay in constant contact with their constituents*, heeding these opinions and
p.(None): suggestions and keeping them informed about its individual and Assembly Management. They shall render in an annual
p.(None): accounting of its management to the constituents* in the jurisdiction from which they were elected, and shall be
p.(None): subject to recall by referendum as provided for under this Constitution and the applicable law.
p.(None):
p.(None): Article 198: A Deputy* of the National Assembly who is recalled shall not be eligible for any public elective office
p.(None): during the following term of office.
p.(None):
p.(None): Article 199: Deputies* of the National Assembly are not liable for votes and opinions expressed in the performance
p.(None): of their official functions. They shall be answerable to voters* and to the legislative entity only as
p.(None): provided for under the Constitution and Regulations.
p.(None):
p.(None): Article 200: Deputies* of the National Assembly shall enjoy immunity in the exercise of their functions from the time
p.(None): of their installation until the end of their term or resignation. Only the Supreme Tribunal of Justice shall
p.(None): have competence over any crimes may be charged as committed by members of the National Assembly, and
p.(None): only the Supreme Tribunal of Justice, subject to authorization in advance from the National Assembly, shall have the
...
p.(None): operations as required to maintain internal order within the country. The National Armed Forces shall
p.(None): carry out activities of administrative policing and criminal investigation activities as provided for by law.
p.(None):
p.(None): Article 330: Members* of the National Armed Forces on active duty have the right to vote in accordance with law, but
p.(None): are not permitted to run for any office filled by popular vote, nor to participate in acts of political advertising,
p.(None): militancy or proselytizing.
p.(None):
p.(None): Article 331: Military promotions shall be in accordance with merit, hierarchy and vacancies. They are the
p.(None): exclusive prerogative of the National Armed Forces, and shall be regulated by the pertinent law.
p.(None):
p.(None): Chapter IV
p.(None): Civilian Security Organs
p.(None):
p.(None): Article 332: The National Executive, in accordance with law, to maintain, and restore public order; protect
p.(None): citizens, homes and families; support the decisions of the competent authorities and ensure the peaceful enjoyment
p.(None): of constitutional guarantees and rights, shall organize:
p.(None):
p.(None): (1) A uniformed national police corps.
p.(None):
p.(None): (2) A scientific, criminal and criminological investigation corps.
p.(None):
p.(None): (3) A civilian fire department and emergency management corps.
p.(None):
p.(None): (4) A civil defense and disaster management organization.
p.(None):
p.(None): Organs of civilian security are of civil nature and shall respect human dignity and human rights, without
p.(None): discrimination of any kind. The functions of the civilian security organs constitute a concurrent competence with
p.(None): those of the States and Municipalities, on the terms established in this Constitution and the law.
p.(None):
p.(None): TITLE VIII PROTECTION OF THE CONSTITUTION
p.(None):
p.(None): Chapter 1
p.(None): Guarantee of the Constitution
p.(None):
p.(None): Article 333: This Constitution shall not cease to be in effect if it ceases to be observed due to acts of force or
p.(None): because or repeal in any manner other than as provided for herein. In such eventuality, every citizen*, whether or not
p.(None): vested with official authority, has a duty to assist in bringing it back into actual effect.
p.(None):
p.(None): Article 334: All of the judges* of the Republic, within their respective spheres of competence and in
p.(None): accordance with the provisions of this Constitution and law, are obligated to ensure the integrity of
p.(None): the Constitution. In the event of incompatibility between the Constitution and a law or other juridical
p.(None): provision, the provisions of the Constitution shall prevail, being the responsibility of the courts to rule
p.(None): accordingly in any case, even ex officio. The Constitutional Division of the Supreme Tribunal of Justice, as court of
p.(None): constitutional competence, shall have the exclusive power to declare the nullity of laws and other acts of organs
...
p.(None):
p.(None): (10) To review judgments embodying constitutional protective orders or control on the constitutionality of laws
p.(None): or juridical rules, handed down by the courts of the Republic, on the terms established by the pertinent
p.(None): organic law.
p.(None):
p.(None): (11) Any other functions established by this Constitution or by law.
p.(None):
p.(None): Chapter 11
p.(None): States of Exception
p.(None):
p.(None): Article 337: The President* of the Republic, at a meeting of the Cabinet of Ministers, shall have the power to
p.(None): decree states of exception. Expressly defined as such are circumstances of a social, economic, political,
p.(None): natural or ecological nature which seriously affect the security of the Nation, institutions and citizens*, in the
p.(None): face of which the powers available to cope with such events are insufficient. In such case, the guarantees
p.(None): contained in this Constitution may be temporarily restricted, with the exception of those relating
p.(None): to the right to life, prohibition of incommunicative detention or torture, the right to due process, the right to
p.(None): information and other intangible human rights.
p.(None):
p.(None): Article 338: A state of alarm may be declared when catastrophes, public calamities or other similar events occur,
p.(None): seriously endangering the security of the Nation or its citizens*. Such state of exception shall last for up to
p.(None): 30 days, and may be extended for an additional 30 days. A state of economic emergency may be declared when
p.(None): extraordinary economic circumstances arise, such as to affect seriously the economic life of the Nation; the duration
p.(None): of this state of emergency shall be 60 days, with the possibility of extension for the same period. A state of
p.(None): internal or external commotion may be declared in the event of an internal or external conflict seriously endangering
p.(None): the security of the Nation, its citizens* or its institutions. Such state of commotion shall last for up to 90 days,
p.(None): and may be extended for an additional 90 days. The National Assembly has the responsibility of the approval for the
p.(None): extension of the states of exemption. An organic law shall regulate states of exception and determine the measures that
p.(None): may be adopted based on them.
p.(None):
p.(None): Article 339: The Decree declaring a state of exception, which shall provide for regulating the right whose
p.(None): guarantee is restricted, shall be submitted within eight days of promulgation for consideration
p.(None): and approval by the National Assembly, or Delegated Committee and for a ruling by the Constitutional
p.(None): Division of the Supreme Tribunal or Justice on its constitutionality. The Decree must be in compliance with the
p.(None): requirements, principles and guarantees established in the International Pact on Civil and Political flights
p.(None): and the American Convention on Human Rights. The President* of the Republic shall have the power to request its
p.(None): extension for a similar period, and the Decree shall be revoked by the National Executive or by the National Assembly
p.(None): or the latter's Delegated Committee prior to the indicated date of expiration upon cessation of the
...
General/Other / Relationship to Authority
Searching for indicator authority:
(return to top)
p.(None): by birth, provided they have established residence within the territory of the Republic or declared their intention
p.(None): to obtain the Venezuelan nationality.
p.(None):
p.(None): (4) Any person who was born in a foreign territory, and is the child of a father or a mother who is Venezuelan
p.(None): by naturalization, provided that prior to reaching the age of 18, they establish their residence within
p.(None): the territory of the Republic, and before reaching the age of 25 declare their intention to obtain the Venezuelan
p.(None): nationality.
p.(None):
p.(None): Article 33: Are considered Venezuelans* by naturalization:
p.(None):
p.(None): (1) Foreign nationals* who obtain a naturalization letter. In order to do so, they must have at least ten years of
p.(None): uninterrupted residence immediately preceding the application date.
p.(None):
p.(None): (2) The period of residence shall be reduced to five years in the case of foreign nationals whose original
p.(None): nationality is that of Spain, Portugal, Italy, or a Latin American or Caribbean country.
p.(None):
p.(None): (3) Foreign nationals* who marry a Venezuelan*, upon declaring their wish to adopt the Venezuelan nationality,
p.(None): which may be done at least five years after the date of marriage.
p.(None):
p.(None): (4) Minors of foreign nationality, on the date of the naturalization of one of his/her parent who exercises
p.(None): parental authority, provided that such minor declares his or her intention of adopting the Venezuelan nationality
p.(None): before reaching the age of 21, and has resided in Venezuela without interruption throughout the five-year
p.(None): period preceding such declaration.
p.(None):
p.(None): Article 34: The Venezuelan nationality is not lost upon electing or acquiring another nationality.
p.(None):
p.(None): Article 35: Venezuelans* by birth cannot be deprived of their nationality. The Venezuelan
p.(None): nationality by naturalization can be revoked only by a judgment handed down by a court in accordance with
p.(None): law.
p.(None):
p.(None): Article 36: Venezuelan nationality may be renounced. A person who renounces the Venezuelan nationality by
p.(None): birth may regain such nationality if he or she establishes a residence within the territory of the
p.(None): Republic for a period of at least two years, and expresses the intention of regaining the
p.(None): Venezuelan nationality. Naturalized Venezuelans* who renounce the Venezuelan nationality may regain it by again
p.(None): meeting the requirements prescribed under article 33 of this Constitution.
p.(None):
p.(None): Article 37: The State shall promote the celebration of international treaties related to nationality,
p.(None): especially with the bordering countries and those indicated in item 2 of Article 33 of this Constitution.
p.(None):
p.(None): Article 38: The substantive and procedural rules relating to the acquisition, election, renunciation and
p.(None): recovery of the Venezuelan nationality, as well as the revocation and withdrawal of naturalization, shall be
...
p.(None): Venezuelans by birth.
p.(None):
p.(None): Article 41: Only Venezuelans* by birth who have no other nationality shall be permitted to hold the offices of
p.(None): President* of the Republic, Executive Vice President, Chairman* and Vice-Chairman* of the National Assembly,
p.(None): Justices* of the Supreme Tribunal of Justice, Chairman* of the National Board of Elections, Attorney General of
p.(None): the Republic, Comptroller General* of the Republic, General Prosecutor* of the Republic, People
p.(None):
p.(None): Defender*, Ministers* with responsibilities relating to national security, finance, energy and mining or education;
p.(None): Governors* and Mayors* of border States and Municipalities and those contemplated under the Organic Law on the National
p.(None): Armed Forces. In order to hold the position of member* of the National Assembly, Minister* or Governors* and Mayors*
p.(None): of non-border States and Municipalities, naturalized Venezuelans must be domiciled in Venezuela with at
p.(None): least fifteen years of permanent residence, as well as meeting the capability requirements provided for by law.
p.(None):
p.(None): Article 42: Anyone who loses or renounces to nationality loses citizenship. The exercise of citizenship or any
p.(None): political rights can be suspended only by final judicial decision in the cases provided by law.
p.(None):
p.(None): Article 43: The right to life is inviolable. No law shall provide for the death penalty and no authority shall apply
p.(None): the same. The State shall protect the life of persons who are deprived of liberty, serving in the armed
p.(None): forces or civilian services, or otherwise subject to its authority.
p.(None):
p.(None): Article 44: Personal liberty is inviolable, therefore:
p.(None):
p.(None): (1) No person shall be arrested or detained except by virtue of a court order, unless such person is
p.(None): caught in fraganti. In the latter case, such person must be brought before a judge within forty-eight hours of
p.(None): his or her arrest. He or she shall remain* free during trial, except for reasons determined by law and
p.(None): assessed by the judge on a case-by case basis.
p.(None):
p.(None): (2) The bail as required by law for the release of a detainee shall not be subject to tax of any kind.
p.(None):
p.(None): (3) Any person under arrest has the right to communicate immediately with members of his or her family,
p.(None): an attorney* or any other person in whom he or she reposes trust, and such persons in turn have the right to be
p.(None): informed where the detainee is being held, to be notified immediately of the reasons for the arrest and to have a
p.(None): written record inserted into the case file concerning the physical or mental condition of the detainee, either by
p.(None): himself or herself, or with the aid of specialists. The competent authorities shall keep a public record of every
p.(None): arrest made, including the identity of the person arrested, the place, time, circumstances and the officers
p.(None): who made the arrest.
p.(None):
p.(None): (4) In the case of the arrest of foreign nationals, (male or female), applicable provisions of
p.(None): international treaties concerning consular notification shall also be observed.
p.(None):
p.(None): (5) The penalty shall not extend beyond the person of the convicted individual. No one shall be sentenced to
p.(None): perpetual or humiliating penalties. Penalties consisting of deprivation of liberty shall not exceed 30 years.
p.(None):
p.(None): (6) Any authority taking measures involving the deprivation of liberty must identify himself or herself.
p.(None):
p.(None): (7) No person shall remain under arrest after a release order has been issued by the competent
p.(None): authority or such person's sentence has been served.
p.(None):
p.(None): Article 45: The public authorities, whether military, civilian or of any other kind, even during a state of emergency,
p.(None): exception or restriction or guarantees, are prohibited from effecting, permitting or tolerating the forced
p.(None): disappearance of persons. An officer* receiving an order or instruction to carry it out, has the
p.(None): obligation not to obey, and to report the order or instruction to the competent authorities. The intellectual and
p.(None): physical perpetrators* accomplices and concealers* of the crimes of forced disappearance of a person, as
p.(None): well as any attempt to commit such offense, shall be punished in accordance with law.
p.(None):
p.(None): Article 46: Everyone is entitled to respect for his or her physical, mental and moral integrity,
p.(None): therefore:
p.(None):
p.(None): (1) No person shall be subjected to penalties, tortures, cruelty, inhuman or degrading treatment. Every victim
p.(None): of torture or cruel, inhumane or degrading treatment effected or tolerated by agents of the State
p.(None): has the right to rehabilitation.
p.(None):
p.(None): (2) Any person deprived of liberty shall be treated with respect due to the inherent dignity of the human being.
p.(None):
p.(None): (3) No person shall be subjected without his or her freely given consent to scientific experiments or medical or
...
p.(None): confession shall be valid only if given without coercion of any kind.
p.(None):
p.(None): (6) No person shall be punished for acts or omissions not defined under preexisting laws as a crime, offense or
p.(None): infraction.
p.(None):
p.(None): (7) No person shall be placed on trial based on the same facts for which such person has been judged previously.
p.(None):
p.(None): (8) Every person shall request from the State the restoration or remediation of a legal situation
p.(None): adversely affected by unwarranted judicial errors, and unjustified delay or omissions. The foregoing is
p.(None): without prejudice to the right of the individual* to seek to hold the magistrate* or judge* personally liable, and
p.(None): that of the State to take action against the same.
p.(None):
p.(None): Article 50: Everyone shall freely transit by any means throughout the national territory, to change his or her domicile
p.(None): and residence, to leave and return to the Republic, to move his or her goods or belongings within the country and to
p.(None): bring his or her goods into or remove them from the country, subject only to such limitations as may be prescribes by
p.(None): law. In cases involving the granting of a concession, the law shall provide for the circumstances in
p.(None): which an alternate route must be provided. Venezuelans* shall enter the country without need for authorization of
p.(None): any kind. No act of the Public Power may establish against Venezuelans* the penalty of banishment from the
p.(None): national territory.
p.(None):
p.(None): Article 51: Everyone has the right to petition or make representations before any authority or public
p.(None): official* concerning matters within their competence, and to obtain a timely and adequate response. Whoever
p.(None): violates this right shall be punished in accordance with law, including the possibility of dismissal from
p.(None): office.
p.(None):
p.(None): Article 52: Everyone has the right to assemble for lawful purposes, in accordance with law. The State is obligated to
p.(None): facilitate the exercise of this right.
p.(None):
p.(None): Article 53: Everyone has the right to meet publicly or privately, without obtaining permission in
p.(None): advance, for lawful purposes and without weapons. Meetings in public places may be regulated by law.
p.(None):
p.(None): Article 54: No person shall be subjected to slavery or servitude. Traffic of persons, in particular women, children*
p.(None): and adolescents, in any form, shall be subject to the penalties prescribes by law.
p.(None):
p.(None): Article 55: Every person has the right to protection by the State, through the citizen safety organs
p.(None): regulated by law, from situations that affect or constitute a threat, vulnerability or risk to the
p.(None): physical integrity of individuals, their properties, the enjoyment of rights or the Fulfillment of duties.
p.(None): Participation by citizens* in programs for purposes of prevention, citizen safety and emergency management shall be
...
p.(None): circumscription.
p.(None):
p.(None): Article 72: All magistrates and other offices filled by popular vote are subject to revocation. Once
p.(None): half of the term of office to which an official* has been elected has elapsed, a number of voters
p.(None): constituting at least 20% of the voters registered in the pertinent circumscription may extend a petition for
p.(None): the calling of a referendum to revoke such official's mandate. When a number of voters* equal to or greater than the
p.(None): number of those who elected the official* vote in favor of revocation, provided that a number of voters*
p.(None): equal to or greater than 25% of the total number of registered voters* have voted in the revocation election, the
p.(None): official's mandate shall be deemed revoked, and immediate action shall be taken to fill the permanent vacancy in
p.(None): accordance with the provided for in this Constitution and by law. The revocation of the mandate for the
p.(None): collegiate bodies shall be performed in accordance with the law. During the term to which the official* was elected,
p.(None): only one petition to recall may be filed.
p.(None):
p.(None): Article 73: Bills under discussion by the National Assembly shall be submitted to a referendum when at
p.(None): least two-thirds of the members* of the Assembly so decide. If the referendum ends in an affirmative vote of approval,
p.(None): provided that the 25% of the voters* registered* before the Civil and Electoral Registry have concurred to the
p.(None): election, the bill conceded shall be enacted into law. Any international agreement, convention or treaty
p.(None): which might compromise the national sovereignty or transfer authority to supranational organs, may be submitted to
p.(None): a referendum on the initiative of the President* of the Republic, taken at a meeting of the Cabinet by a
p.(None): two-thirds vote of the members* of the Assembly or by 15% of the voters* registered on the civil and electoral
p.(None): registry.
p.(None):
p.(None): Article 74: Statutes whose abrogation are requested on the initiative of a number of voters constituting
p.(None): at least 10% of the voters registered in the civil and electoral registry, or by the President* of the Republic taken
p.(None): at a meeting of the Cabinet, shall be submitted to a referendum for its abrogation in whole or in part.
p.(None): Decrees with the force of law issued by the President of the Republic, making use of the authority
p.(None): prescribed under article 236, section 8 of this Constitution, may also be submitted to an abrogatory
p.(None): referendum, when it is requested by a number of voters constituting at least 5% of the total number of voters
p.(None): registered in the civil and electoral registry. In order for the abrogatory referendum to be valid, a number
p.(None): of voters constituting at least 40% of the total number of voters registered in the civil and electoral registry shall
p.(None): be essential. It
p.(None):
p.(None): shall not be possible to submit budget laws to an abrogatory referendum, neither those establishing or modifying
p.(None): taxes, relating to public credit, to amnesty, the protection, guaranteeing and developing human rights, nor
p.(None): those which ratify international treaties. There shall not be more than one abrogatory referendum on the same matter
p.(None): during the same constitutional term.
p.(None):
p.(None): Chapter V
p.(None): Social and Family Rights
p.(None):
p.(None): Article 75: The State shall protect families as a natural association in society, and as the fundamental space for the
p.(None): overall development of persons. Family relationships are based on equality of rights and duties, solidarity,
p.(None): common effort, mutual understanding and reciprocal respect among family members. The State guarantees protection to
...
p.(None): electoral functions assigned to them by law.
p.(None):
p.(None): Article 135: The obligations incumbent upon the State in accordance with this Constitution and
p.(None): the law, in Fulfillment of the States commitments to the general welfare of society, do not preclude the
p.(None): obligations which, by virtue of solidarity, social responsibility and humanitarian assistance, are
p.(None): incumbent upon private individuals according to their abilities. Appropriate provisions shall be enacted by law to
p.(None): compel the Fulfillment of these obligations in those cases in which such compulsion is necessary. Those
p.(None): aspiring to practice any profession have a duty to perform community service for such period, in such place and on such
p.(None): terms as may be provided for by law.
p.(None):
p.(None): TITLE IV PUBLIC POWER
p.(None): Chapter 1
p.(None): Fundamental Provisions
p.(None): Section One: General Provisions
p.(None):
p.(None): Article 136: Public Power is distributed among Municipal Power, that of the States Power and National
p.(None): Power. National Public Power is divided into Legislative, Executive, Judicial, Citizen and Electoral. Each of the
p.(None): branches of Public Power has its own functions, but the organs charged with exercising the same shall
p.(None): cooperate with one another in attaining the ends of the State.
p.(None):
p.(None): Article 137: The Constitution and the law shall define the authorities of the organs, which exercise
p.(None): Public Power, and the activities carried on by such organs shall be subject to the same.
p.(None):
p.(None): Article 138: An usurped authority is of no effect, and its acts are null and void.
p.(None):
p.(None): Article 139: The exercise of Public Power gives rise to individual liability for abuse or misapplication of power, or
p.(None): for violation of this Constitution or the law.
p.(None):
p.(None): Article 140: The State shall be financially liable for any damages suffered by private individuals to
p.(None): any of their property or rights, provided the harm is imputable to the functioning of Public
p.(None): Administration.
p.(None):
p.(None): Section Two: Public Administration
p.(None):
p.(None): Article 141: Public Administration is at the service of the citizen* and is based on the principles of honesty,
p.(None): participation, expeditiousness, efficacy, efficiency, transparency, accountability and responsibility in the
p.(None): performance of public functions, being fully subject to the law and to the right.
p.(None):
p.(None): Article 142: Autonomous institutions can be created only by law. Such institutions, as well as public interests in
p.(None): foundations or organs of any nature, shall be subject to State Control in such form as may be established by law.
p.(None):
p.(None): Article 143: Citizens* have the right to be informed by Public Administration, in a timely and truthful
p.(None): manner, of the status of proceedings in which they have a direct interest, and to be apprised of any final
p.(None): decisions adopted in the matter. Likewise, they have access to administrative files and records, without prejudice to
p.(None): the limits acceptable in a democratic society in matters relating to internal and external security,
...
p.(None): (33) Any other matters which the present Constitution may assign to National Public Power, or which by
p.(None): their nature or type come under its competence.
p.(None):
p.(None): Article 157: The National Assembly, by a majority vote of its members, shall have the power to delegate to the
p.(None): States or Municipalities certain matters under national competence, in order to promote decentralization.
p.(None): Article 158: Decentralization, as a national policy, must add depth to democracy, bring power closer to the people
p.(None): and creating optimum conditions both for the exercise of democracy and for the effective and efficient
p.(None): Fulfillment of government commitments.
p.(None): Chapter 111
p.(None): State Public Power
p.(None): Article 159: The States are politically equal and autonomous organs with full juridical personality, and are obligated
p.(None): to maintain the independence, sovereignty and integrity of the nation and to comply with and enforce the Constitution
p.(None): and the laws of the Republic. Article 160: A Governor is in charge of the government and administration of each State.
p.(None): A Governor* must be a Venezuelan* over the age of 25 who is not a member of the clergy. The Governor*
p.(None): shall be elected for a term of four years by a majority vote. The Governor* can be re-elected to an additional term
p.(None): only immediately and only once.
p.(None): Article 161: Governors* shall give a yearly public accounting to the State Comptroller for their office, and shall
p.(None): submit a report on the same to the Legislative Council and the Public Policy Planning and Coordination Council.
p.(None): Article 162: Legislative Authority shall be exercised in each State by a Legislative Council-consisting of
p.(None): no more than fifteen and at least seven members, who shall
p.(None):
p.(None): proportionally represent the population of the State and the Municipalities. The Legislative
p.(None): Council shall have the following powers:
p.(None):
p.(None): (1) To legislate matters within state competence.
p.(None):
p.(None): (2) Pass the state's Budget Law.
p.(None):
p.(None): (3) Any others vested in it by this Constitution or by the law.
p.(None):
p.(None): The requirements for being a member of the Legislative Council, the obligation to give a yearly accounting and immunity
p.(None): within the territorial jurisdiction, shall be governed by the rules established by this Constitution for deputies* of
p.(None): the National Assembly, insofar as applicable. State legislators* shall be elected for a four-year term, being eligible
p.(None): for reelection for only two terms. The organization and functioning of the Legislative Council shall be
p.(None): regulated by the national law.
p.(None): Article 163: Each State shall have a Comptroller's Office which shall enjoy structural and operating
p.(None): autonomy. The State Comptroller's Office shall exercise, in accordance with this Constitution and in
p.(None): accordance with law, control, vigilance and auditing authority over state revenues, expenses and assets, without
p.(None): prejudice to the scope of the functions of the Office of the General Comptroller of the Republic. This body shall act
p.(None): under the direction and responsibility of a Comptroller*, whose qualifications to serve in this position shall be
p.(None): determined by law, guaranteeing his capability and independence, as well as the neutrality of his appointment, which
p.(None): shall be by public competition.
p.(None): Article 164: Is of the States exclusive competence:
p.(None):
p.(None): (1) Promulgating their Constitution to organize public authority, in accordance with the provisions of
p.(None): this Constitution.
p.(None):
p.(None): (2) Organization of their Municipalities and other local organs and the territorial and political
p.(None): divisions between them, in accordance with this Constitution and in accordance with law.
p.(None):
p.(None): (3) Management of their assets and investment and management of their resources, including those deriving from
p.(None): transfers, subsidies or special assuagements from National Power, and those assigned to them as a share of national
p.(None): tax revenues.
p.(None):
p.(None): (4) Organization, collection, control and administration of their own taxes, in accordance with provisions of national
p.(None): and state law.
p.(None):
p.(None): (5) The governance and exploitation of non-metallic minerals that are not reserved to National Power, as well as salt
p.(None): deposits and oyster beds, and the management of vacant lands within their jurisdiction, in accordance with
p.(None): law.
p.(None):
p.(None): (6) Organization of the police and determination of the branches of this service to be assigned to
p.(None): municipal jurisdiction, in accordance with applicable national legislation.
p.(None):
p.(None): (7) Creation, organization, collection, control and management in the fields of sealed paper and tax
p.(None): documentary stamps.
p.(None):
p.(None): (8) Creation, governance and organization of state public services.
p.(None):
p.(None): (9) Construction, preservation, management and exploitation of overland travel routes within the states.
p.(None):
p.(None): (10) Conservation, management and exploitation of national expressways and highways, as well as ports and
...
p.(None):
p.(None): (1) Those deriving from their capital assets, including the proceeds from their common lands and other property.
p.(None):
p.(None): (2) Charges for the use of their goods or services; administrative charges for licenses or authorizations; taxes on
p.(None): economic activities in the areas of industry, business and services, or those of similar kind, with
p.(None): the limitations established in this Constitution; taxes on urban real property, vehicles, public shows, games and
p.(None): lawful wagering; advertising and commercial publicity; and, the special tax on increased property values
p.(None): generated by changes in use or intensity of exploitation from which they benefit because of zoning plans.
p.(None):
p.(None): (3) The rural territorial tax or tax on rural estates; sharing in the tax on improvements and other
p.(None): national and state taxes, in accordance with the laws creating such taxes.
p.(None):
p.(None): (4) Those deriving from the constitutional revenue share and other national or state transfers or
p.(None): subsidies.
p.(None):
p.(None): (5) The proceeds from fines and penalties imposed within the scope of their competence, or delegated to
p.(None): them.
p.(None):
p.(None): (6) Such others as may be determined by law.
p.(None):
p.(None): Article 180: The taxing power that is vested in Municipalities is different from and independent of the
p.(None): regulatory powers over certain fields or activities conferred by this Constitution or laws on National or
p.(None): State Authority. Immunities from the taxing power of Municipalities in favor of other territorial political entities
p.(None): extend only to public sector juridical persons created by such organs, and not to concession holders or other parties
p.(None): entering into contracts with the administrative arm of National or State government.
p.(None):
p.(None): Article 181: Municipal common lands are inalienable and not subject to the law of limitations. Title to
p.(None): them can be conveyed only subject to compliance with the formalities provided for under municipal ordinances and
p.(None): under the circumstances provided for thereunder, in accordance with this Constitution and such laws as may be
p.(None): promulgated to develop the principles container herein. Ownerless land located within the urban area of towns in a
p.(None): municipality is municipal common land, without prejudice to legitimate and validly constituted rights of third parties.
p.(None): Vacant land located within the urban area also becomes common land. However, this does not include land which
p.(None): is part of native communities. The mechanism for converting other public land into common land shall be established
p.(None): by law.
p.(None):
p.(None): Article 182: The Local Public Planning Council is hereby created, presided over by the Mayor* and consisting of
p.(None): municipal Council members, Chairpersons* of Parish Boards and representatives of neighborhood organizations and other
p.(None): organized social groups, in accordance with such provisions as may be established by law.
p.(None):
p.(None): Article 183: States and Municipalities shall not have the power to:
p.(None):
p.(None): (1) Create customs authorities or import, export or transit duties on domestic or foreign goods, or on
...
p.(None):
p.(None): (3) Participation in economic processes, stimulating manifestations of the social economy, such as cooperatives,
p.(None): saving funds, mutual funds and other forms of association.
p.(None):
p.(None): (4) Participation by workers* and communities in the running of public sector business enterprises,
p.(None): through self-management and joint management methods.
p.(None):
p.(None): (5) Creation of community service enterprises, organizations and cooperatives as mechanisms to generate
p.(None): employment and social Welfare, providing for their permanent existence through the design of policies whereby
p.(None): these groups are given means of participating.
p.(None):
p.(None): (6) Creation of new decentralized organs at the parish, community, ward and neighborhood levels, with a view to
p.(None): guaranteeing the principle of shared responsibility in the public administration of local and state
p.(None): governments, and developing process of self-management and joint management in the administration and
p.(None): control of state and municipal public services.
p.(None):
p.(None): (7) Participation by communities in activities to establish closer ties with penal institutions and ties between the
p.(None): latter and the general population.
p.(None):
p.(None): Chapter V
p.(None): The Federal Council on Government
p.(None):
p.(None): Article 185: The Federal Council on Government is the organ charged with planning and coordination of policies and
p.(None): actions to develop the process of decentralization and transfer of powers from National Authority to the States
p.(None): and Municipalities. It shall be presided over by the Executive Vice-President* and shall consist of
p.(None): the Cabinet ministers, the Governors*, one Mayor* from each State and representatives of organized society, in
p.(None): accordance, with law. The Federal Council on Government shall have a Secretariat made up of the Executive
p.(None): Vice-President*, two Ministers*, three Governors* and three Mayors*. The Federal Council on Government shall have a
p.(None): dependency known as the Inter territorial Compensation Fund, intended for the purpose of financing public investments
p.(None): with a view to promoting the balanced development of regions, cooperation and complement among the development
p.(None): policies and initiatives of the various public territorial entities, and in particular supporting the
p.(None): providing of works projects and services in regions and communities with relatively low levels of
p.(None): development. The Federal Council on Government, based on regional unbalances, shall discuss and approve annually the
p.(None): resources to be allocated to the Inter-territorial Compensation Fund and the priority investment areas to which these
p.(None): resources are to be applied.
p.(None):
p.(None): TITLE V
p.(None): ORGANIZATION OF NATIONAL PUBLIC AUTHORITY
p.(None): Chapter 1
p.(None): National Legislative Power Section One: General Provisions
p.(None):
p.(None): Article 186: The National Assembly shall consist of Deputies* elected* in each of the federal entities by universal,
p.(None): direct, personalized and secret ballot with proportional representation, using a constituency base of 1.1 % of
p.(None): the total population of the country. Each federal organ shall also elect three additional deputies*. The native peoples
p.(None): of the Bolivarian Republic of Venezuela shall elect three deputies* in accordance with the provisions
p.(None): established under election law, respecting the traditions and customs thereof. Each deputy* shall have an alternate*
p.(None): elected* by the same process.
p.(None):
p.(None): Article 187: It shall be the function of the National Assembly:
p.(None):
p.(None): (1) To legislate in matters of national competence and as to the functioning of the various
p.(None): branches of National Power.
p.(None):
p.(None): (2) To propose amendments to and revisions of the Constitution, on the terms established in this
p.(None): Constitution.
p.(None):
p.(None): (3) To exercise control functions over the government and the National Public Administrative, on the terms
p.(None): established in this Constitution and by law. Evidence obtained during the exercise of this function shall
p.(None): have probative value on such terms as may be established by law.
p.(None):
p.(None): (4) To organize and promote citizen participation in matters within its competence.
p.(None):
p.(None): (5) To order amnesties.
p.(None):
p.(None): (6) To discuss and approve the national budget and any bill relating to the taxation system and to public credit.
p.(None):
...
p.(None): people's interest, and to stay in constant contact with their constituents*, heeding these opinions and
p.(None): suggestions and keeping them informed about its individual and Assembly Management. They shall render in an annual
p.(None): accounting of its management to the constituents* in the jurisdiction from which they were elected, and shall be
p.(None): subject to recall by referendum as provided for under this Constitution and the applicable law.
p.(None):
p.(None): Article 198: A Deputy* of the National Assembly who is recalled shall not be eligible for any public elective office
p.(None): during the following term of office.
p.(None):
p.(None): Article 199: Deputies* of the National Assembly are not liable for votes and opinions expressed in the performance
p.(None): of their official functions. They shall be answerable to voters* and to the legislative entity only as
p.(None): provided for under the Constitution and Regulations.
p.(None):
p.(None): Article 200: Deputies* of the National Assembly shall enjoy immunity in the exercise of their functions from the time
p.(None): of their installation until the end of their term or resignation. Only the Supreme Tribunal of Justice shall
p.(None): have competence over any crimes may be charged as committed by members of the National Assembly, and
p.(None): only the Supreme Tribunal of Justice, subject to authorization in advance from the National Assembly, shall have the
p.(None): power to order their arrest and prosecution. In the case of a flagrant offense committed by a
p.(None): legislator*, the competent authority shall place such legislator* under house arrest and immediately notify
p.(None): the Supreme Tribunal of Justice of such event. Public officials* who violate the immunity of members of the
p.(None): National Assembly shall incur criminal liability and shall be punished in accordance with law.
p.(None):
p.(None): Article 201: Deputies* are representatives of the people and of the States taken together, they are not subject to
p.(None): mandates or instructions, but only to their own consciences. Their vote in the National Assembly is personal.
p.(None):
p.(None): Section Four: Passage of Laws
p.(None):
p.(None): Article 202: The law is an act enacted by the National Assembly in legislative session. Laws that contain a
p.(None): systematic set of norms regulating a particular field may also be referred to as codes.
p.(None):
p.(None): Article 203: Organic Laws are those designated as such by this Constitution, those enacted to organize
p.(None): public powers or developing constitutional rights, and those which serve as a normative framework for other laws. Any
p.(None): bill for the enactment of an organic law, except in the case of those defined as such in the Constitution itself, must
p.(None): first be accepted by the National Assembly, by a two thirds vote of the members* present, before the beginning of
p.(None): debate on the bill. This qualifying vote shall also apply to the process of amending organic acts. Laws defined by the
p.(None): National Assembly as organic acts shall be sent, prior to promulgation, to the Constitutional Division of the
...
p.(None):
p.(None): Article 209: Once the bill has been reported out of committee, the second debate on the bill shall begin, being
p.(None): conducted article by article. If the bill is approved without amendment, it shall be enacted into law.
p.(None): However, if amended it shall be returned to the Committee concerned for inclusion of the amendments by such
p.(None): Committee within no more than 15 consecutive days; once read the new version of the bill at a plenary session of the
p.(None): National Assembly, it shall decide as appropriate by majority vote on any articles as to which a discrepancy
p.(None): exists, and on any other articles relating thereto. Once the discrepancy has been resolved, the President
p.(None): shall declare the bill enacted into law.
p.(None):
p.(None): Article 210: Debate on bills still pending at the end of a legislative session may be continued during
p.(None): the next regular session or during a special session.
p.(None):
p.(None): Article 211: During the process of debating and approval of bills, the National Assembly or Standing Committees
p.(None): shall consult the other organs of the State, the citizenry and organized society to hear their opinion about
p.(None): the same. The following shall have the right to speak during debates on proposed laws: the Cabinet Ministers*, as
p.(None): representatives of the Executive Power; such justice of the Supreme Tribunal of Justice as the latter may designate, to
p.(None): represent the Judicial Power; such representative of Citizen Power as may be designated by the Republican Ethic
p.(None): Council; the members* of the Electoral Authority; the States, through a representative designated by the State
p.(None): Legislative Council; and the representatives of organized society, on such terms as may be established by
p.(None): the Regulations of the National Assembly.
p.(None):
p.(None): Article 212: The text of laws shall be preceded by the following phrase: "The National Assembly of the Bolivarian
p.(None): Republic of Venezuela hereby Decrees": Article 213: Once the law has been enacted, it shall be promulgated in duplicate
p.(None): with the final language as approved during the debates. Both copies shall be signed by the President*, the two Vice
p.(None): Presidents* and the Secretary* of the National Assembly, with the date of final approval. One of the copies of the law
p.(None): shall be sent by the President* of the National Assembly to the President of the Republic for purposes of promulgation.
p.(None):
p.(None): Article 214: The President* of the Republic shall promulgate the law within a ten day period following the date on
p.(None): which the President* receives it. During this period the President* may, by Cabinet Ministers resolution
p.(None): with statement of grounds, ask the National Assembly to amend any of the provisions of the law or rescind its
p.(None): approval of part or all of it. The National Assembly shall decide by majority vote of those deputies present on the
p.(None): matters raised by the President* of the Republic, and then shall send the law back to him for promulgation. The
p.(None): President* of the Republic must proceed to promulgate the law within five days of receipt, without the
p.(None): possibility of new objections. When the President* of the Republic considers that the law or any of its
...
p.(None): Vice-President* shall take over the Presidency of the Republic until such term is completed.
p.(None): Article 234: A President of the Republic* who becomes temporarily unavailable to serve shall be replaced by the
p.(None): Executive Vice-President* for a period of up to 90 days, which may be extended by resolution of the National Assembly
p.(None): for an additional 90 days. If the temporarily unavailability continues for more than 90 consecutive days, the
p.(None): National Assembly shall have the power to decide by a majority vote of its members whether the unavailability to serve
p.(None): should be considered permanent.
p.(None):
p.(None): Article 235: The absence of the President* of the Republic from the territory of Venezuela requires
p.(None): authorization from the National Assembly or the Delegated Committee, when such absence continues for a
p.(None): period exceeding five consecutive days.
p.(None):
p.(None): Section Two:
p.(None): The President of the Republic
p.(None):
p.(None): Article 236: The following are attributions and duties of the President* of the Republic:
p.(None):
p.(None): (1) To comply with and enforce this Constitution and the law.
p.(None):
p.(None): (2) To direct the activity of the Government.
p.(None):
p.(None): (3) To appoint and remove the Executive Vice-President* and the Cabinet Ministers*.
p.(None):
p.(None): (4) To direct the international relations of the Republic and sign and ratify international treaties, agreements or
p.(None): conventions.
p.(None):
p.(None): (5) To direct the National Armed Forces in his capacity as Commander in Chief, exercise supreme hierarchical Authority
p.(None): over the same and establish their contingent.
p.(None):
p.(None): (6) To exercise supreme command over the National Armed Forces, promote their officers at the rank of
p.(None): colonel* or naval* captain* and above, and appoint them to the positions exclusively reserved to them.
p.(None):
p.(None): (7) To declare states of exception and order the restriction of guarantees in the cases provided for under this
p.(None): Constitution.
p.(None):
p.(None): (8) To issue executive orders having the force of law, subject to authorization in advance by an
p.(None): enabling act.
p.(None):
p.(None): (9) To call special sessions of the National Assembly.
p.(None):
p.(None): (10) To issue regulations for the application of laws, in whole or in part, without altering the spirit, purpose and
p.(None): reason for being of the laws.
p.(None):
p.(None): (11) To administer the National Public Treasury.
p.(None):
p.(None): (12) To negotiate national loans.
p.(None):
p.(None): (13) To order extraordinary budget item in addition to the budget, subject to authorization in advance from the
p.(None): National Assembly or the Delegated Committee.
p.(None):
p.(None): (14) To enter into contracts in the national interest, subject to this Constitution and applicable laws.
p.(None):
p.(None): (15) To designate, subject to prior authorization from the National Assembly or the Delegated
p.(None): Committee, the Attorney-General* of the Republic and the heads* of the permanent diplomatic missions.
p.(None):
p.(None): (16) To designate and remove those officials* whose appointment is made subject to his discretion by this Constitution
p.(None): or the applicable law.
p.(None):
p.(None): (17) To address reports or special messages to the National Assembly, either in person or through the
p.(None): Executive Vice-President*.
...
p.(None): session, the President* of the Republic, shall present personally to the Assembly a message by which will render
p.(None): account of the political, economic, social and administrative aspects of its administration during the past year.
p.(None): Section Three: Executive Vice- President*
p.(None):
p.(None): Article 238: The Executive Vice-President* is a direct subordinate of and works closely with the President* of the
p.(None): Republic in the latter's capacity as Head of the National Executive. The Executive Vice-President* must meet
p.(None): the same requirements prescribes for eligibility for the office of President* of the Republic, and must not be related
p.(None): to the latter by either blood or marriage.
p.(None):
p.(None): Article 239: The following are powers of the Executive Vice-President*:
p.(None):
p.(None): (1) To cooperate with the President* of the Republic in directing the actions of the government.
p.(None):
p.(None): (2) To coordinate the National Public Administration in accordance with President* of the Republic's instructions.
p.(None):
p.(None): (3) To propose to the President* of the Republic the appointment and removal of Ministers*.
p.(None):
p.(None): (4) To preside over the Cabinet, subject to authorization in advance from the President* of the Republic.
p.(None):
p.(None): (5) To coordinate relations between the National Executive and the National Assembly.
p.(None):
p.(None): (6) To preside over the Federal Government Council.
p.(None):
p.(None): (7) To appoint and remove, in accordance with law, those national government officials* for whose designation
p.(None): no other authority has been made responsible.
p.(None):
p.(None): (8) To replace the President* of the Republic when the latter is temporarily unavailable.
p.(None):
p.(None): (9) To exercise such powers as may be delegated to him by the President of the Republic*.
p.(None):
p.(None): (10) Any other powers assigned to him under the Constitution and the law.
p.(None):
p.(None): Article 240: Passage of a motion to censure the Executive Vice President*, by vote of at least two-thirds of the
p.(None): members of the National Assembly, automatically involves his removal from office. The removed official*, shall
p.(None): not be eligible to serve as Executive Vice President* or Minister*, for the remainder of the current presidential term
p.(None): of office. The third removal of an Executive Vice-President*, during the same presidential term of office as a
p.(None): consequence of motions of censure, authorizes the President of the Republic*, to dissolve the National Assembly. The
p.(None): dissolution order includes the calling of elections to form a new legislature within 60 days of the
p.(None): dissolution of the old. The Assembly cannot be dissolved during the final year of its constitutional term of
p.(None): office.
p.(None):
p.(None): Article 241: The Executive Vice-President* is accountable for his acts, in accordance with this Constitution
p.(None): and the law. Section Four: Ministers* and the Cabinet of Ministers
p.(None):
p.(None): Article 242: Ministers* are direct dependencies of the President* of the Republic, and when assembled together with
p.(None): the latter and with the Executive Vice-President*, they comprise the Cabinet of Ministers. The President*
p.(None): of the Republic shall preside over meetings of the Cabinet of Ministers, but he shall have the power
...
p.(None): Republic, with the authorization of the National Assembly.
p.(None):
p.(None): Article 250: The General Attorney* of the Republic shall attend and have the right to speak at meetings of the
p.(None): Cabinet of Ministers.
p.(None):
p.(None): Section Six: Council of State
p.(None):
p.(None): Article 251: The Council of State is the highest consultative organ of the Government and the National Public
p.(None): Administration. It shall be charged with making policy recommendations in the national interest with
p.(None): regard to matters recognized by the President* of the Republic as being of particular importance and requiring
p.(None): the Council's opinion. The pertinent law shall determine its functions and powers.
p.(None):
p.(None): Article 252: The Council of State shall be presided over by the Executive Vice President*, and shall be
p.(None): also integrated by five members designated by the President* of the Republic; one representative designated by the
p.(None): National Assembly; one representative designated by the Supreme Tribunal of Justice and One State Governor* designated
p.(None): by all of the States chief executives jointly.
p.(None):
p.(None): Chapter III
p.(None): Judicial Power and Justice System Section One: General Provisions
p.(None):
p.(None): Article 253: The power to administer justice emanates from the citizens* and is exercised in the name of
p.(None): the Republic by Authority of law. The organs comprising the Judicial Power are charged with dealing with
p.(None): all cases and matters within their competence, through such procedures as may be determined by the
p.(None): laws, and with carrying out or causing the execution of their judgments. The justice system consists of the Supreme
p.(None): Tribunal of Justice, such other courts as may be determined by law, the Office of Public Prosecutions,
p.(None): the Public Defender's Office, criminal investigation organs, judicial assistants and officials*, the
p.(None): penitentiary system, alternative means of justice, citizens* participating in the administration of justice in
p.(None): accordance with law and attorneys* at law admitted to practice.
p.(None):
p.(None): Article 254: The Judicial Power is autonomous, and the operating, financial and administrative autonomy of
p.(None): the Supreme Tribunal of Justice is hereby established. To this end, in the national general budget a variable annual
p.(None): amount at least equivalent to 2% of the ordinary national budget shall be allocated to the justice system in order to
p.(None): enable it to function effectively; such amount shall not be reduced or modified without authorization in advance from
p.(None): the National Assembly. The Judicial Power is not authorized to establish any charges or tariffs, nor to demand any
p.(None): payment for its services.
p.(None):
...
p.(None): and guarantees established under this Constitution and international treaties on human rights, in addition
p.(None): to defending the legitimate, collective and diffuse interest of the citizens*. The People Defender's Office
p.(None): shall act under the direction and responsibility of the People Defender*, who shall be designated to serve for a
p.(None): single seven-year term. The People Defender must be a Venezuelan national over the age of 30 years, with manifest and
p.(None): proven competence in the field of human rights, and must meet with such requirements as to honesty, ethics and
p.(None): morality as may be established by law. If the People Defender is temporarily or permanently unavailable to serve,
p.(None): the vacancy shall be filled in accordance with applicable provisions of law.
p.(None):
p.(None): Article 281: The following are functions of the People Defender:
p.(None):
p.(None): (1) To see that the human rights provided for in this Constitution and in the international treaties, agreements
p.(None): and conventions on human rights ratified by the Republic are effectively respected and guaranteed,
p.(None): investigating either on his own initiative or at the request of any denunciation of which he or
p.(None): she becomes aware.
p.(None):
p.(None): (2) To see to the proper functioning of public services; protect and defend the legitimate, collective and diffuse
p.(None): rights and interests of persons against arbitrary acts, abuse of authority and errors committed in the providing of
p.(None): such public services, filing when appropriate, any actions to demand that the State compensate parties subject to its
p.(None): administrative actions for any damages that may have been caused them in connection with the
p.(None): functioning of such public services.
p.(None):
p.(None): (3) To file unconstitutionality actions, summary constitutional remedies, habeas corpus, habeas data and any
p.(None): other actions or motions necessary in order to exercise the powers indicated above, where proper in accordance with
p.(None): law.
p.(None):
p.(None): (4) To urge the General Prosecutor* of the Republic to pursue any appropriate actions or motions against
p.(None): public Officials* responsible for violations of or encroachment upon human rights.
p.(None):
p.(None): (5) To ask the Republican Ethic Council to take the appropriate measures with regard to public officials*
p.(None): responsible for violations of or encroachment upon human rights.
p.(None):
p.(None): (6) To ask the competent authority to apply appropriate corrective and punitive measures in cases involving
p.(None): violations of the rights of consumers and users, in accordance with law.
p.(None):
p.(None): (7) To submit to legislative organs at the municipal, state or national levels, bills or other
p.(None): initiatives for the progressive protection of human rights.
p.(None):
p.(None): (8) To protect the rights of native peoples and take such action as may be necessary to guarantee and protect such
p.(None): rights effectively.
p.(None):
p.(None): (9) To visit and inspect the dependencies and establishments of State agencies, to prevent or protect human
p.(None): rights.
p.(None):
p.(None): (10) To place before the appropriate organs recommendations and observations as necessary in the
p.(None): interest of providing optimum protection for human rights, to which end shall develop mechanisms for remaining in
p.(None): constant communication with national and international public and private organs for the protection and defense of
p.(None): human rights.
p.(None):
p.(None): (11) To promote and implement policies for the expansion and effective protection of human rights.
p.(None):
p.(None): (12) Such other functions as may be established by the Constitution and by law.
p.(None):
p.(None): Article 282: The People Defender* shall enjoy immunity in the exercise of his functions, and therefore shall not be
...
p.(None): manner that ordinary revenues shall be sufficient to cover ordinary expenses. The National Executive shall submit
p.(None): for enactment by the National Assembly a multiyear framework for budgeting that establishes the maximum
p.(None): limits of expenditures and indebtedness to be contemplated in national budgets. The characteristics of this
p.(None): framework, the requirements for modifying the same and the terms for carrying out the same shall be
p.(None): established by law. Any revenues generated by exploiting underground wealth and minerals, in general,
p.(None): shall be used to finance real productive investment, education and health. The principles and provisions established
p.(None): for national economic and financial management shall also govern that of the States and Municipalities, to the extent
p.(None): applicable.
p.(None):
p.(None): Article 312: Public debt limits shall be set by law in accordance with a prudent level in terms of the size of the
p.(None): economy, reproductive investment and the ability to generate revenues to cover public debt service. In order to
p.(None): be valid, public credit transactions shall require a special law authorizing them, with the exceptions
p.(None): established under the pertinent organic law. The special law shall indicate the modalities of the transactions and
p.(None): authorize the appropriate budget credits in the pertinent budget law. The annual special indebtedness law shall be
p.(None): submitted to the National Assembly together with the budget law. The State shall not recognize any obligations
p.(None): other than those assumed by lawful National Authority organs in accordance with law.
p.(None):
p.(None): Article 313: The economic and financial management of the State shall be governed by a budget approved annually by law.
p.(None): The National Executive shall submit the draft Budget Act to the National Assembly, at the time prescribed by the
p.(None): organic act. If the Executive Power fails for any reason to submit the budget bill within the time limit established by
p.(None): law, or the bill is rejected, the budget for the current fiscal year shall remain in effect. The National Assembly
p.(None): shall have the power to alter budget items, but shall not authorize measures leading to a decrease in public
p.(None): revenues or to expenses exceeding the estimated revenue amounts in the budget bill. In submitting the multiyear budget
p.(None): framework, the special indebtedness law and the annual budget, the National Executive Branch shall
p.(None): explicitly state the long-term objectives of fiscal Policy and explain how these objectives are to be achieved, in
p.(None): accordance with principles of responsibility and a fiscal balance.
p.(None):
p.(None): Article 314: No expense of any kind shall be disbursed unless the same has been provided for in the
p.(None): budget law. Additional budget credit items may be ordered to cover essential unforeseen expenses or items that had not
p.(None): been adequately funded, only if the treasury has resources to cover the expenditure concerned; this shall be
p.(None): done only following a vote in favor by the Cabinet of Ministers and authorization by the National Assembly, or in its
p.(None): absence, by the Delegated Committee.
p.(None):
p.(None): Article 315: In the annual public expense budgets at all levels of government, the specific objective to
...
p.(None): and budget implementation balance sheet for such fiscal year.
p.(None):
p.(None): Section Two: Taxation System
p.(None):
p.(None): Article 316: The taxation system shall seek a fair distribution of public burdens in accordance with the
p.(None): taxpayer's ability to pay, taking into account the principle of progressive taxation, as well as
p.(None): protection of the national economy and raising the standard of living of the population, the foundation
p.(None): therefore being an efficient system for the collection of taxes.
p.(None):
p.(None): Article 317: No tax, assessment or contribution of any kind shall be collected unless it is established by law, and no
p.(None): exemptions, abatements or other types of tax incentives shall be granted except as provided for by law. No tax shall
p.(None): have a confiscatory effect. No tax obligations payable in personal services shall be established. Tax evasion
p.(None): may be punished as a criminal offense, without prejudice to other penalties established by law. In case of officials*
p.(None): they shall be punished double. Every tax law shall specify the interval that is to lapse before it goes into effect. In
p.(None): the absence of such provision, the period shall be understood as being 60 calendar days. This provision
p.(None): shall not restrict the extraordinary powers to be granted by the National Executive in the cases provided for
p.(None): by this Constitution. The national tax administration shall enjoy technical, operating and financial autonomy
p.(None): in accordance with legislation approved by the National Assembly, and its maximum authority shall be designated
p.(None): by the President* of the Republic, in accordance with the rules laid down in the pertinent law.
p.(None):
p.(None): Section Three: National Monetary System
p.(None):
p.(None): Article 318: The monetary competence of National Authority shall necessarily be exercised exclusively by the
p.(None): Venezuelan Central Bank. The fundamental objective of the Venezuelan Central Bank is to achieve price stability
p.(None): and preserve the internal and foreign exchange value of the monetary unit. The monetary unit of the
p.(None): Bolivarian Republic of Venezuela is the Bolivar. In the event a common currency is instituted within the framework of
p.(None): Latin American and Caribbean integration, it shall be permissible to adopt the currency provided for by
p.(None): a treaty signed by the Republic. The Venezuelan
p.(None):
p.(None): Central Bank is a public-law juridical person with autonomy to formulate and implement policies within its sphere of
p.(None): competence. The Venezuelan Central Bank shall perform its functions in coordination with general economic policy,
p.(None): in the interest of attaining the higher objectives of the State and the Nation. In order to provide
p.(None): for the adequate attainment of its objective, the functions of the Venezuelan Central Bank shall include those
p.(None): of formulating and implementing monetary policy, participating in the design of and implementing foreign
p.(None): exchange policy, currency regulation, credit and interest rate, administrating international reserves and any others
p.(None): established by law.
p.(None):
p.(None): Article 319: The Venezuelan Central Bank shall be governed by the principle of public responsibility, to which end
p.(None): it shall render an accounting of its actions, goals and the results of its policies to the National Assembly,
p.(None): in accordance with law. It shall also issue periodic reports on the behavior of the country's macroeconomic
...
p.(None):
p.(None): Chapter IV
p.(None): Civilian Security Organs
p.(None):
p.(None): Article 332: The National Executive, in accordance with law, to maintain, and restore public order; protect
p.(None): citizens, homes and families; support the decisions of the competent authorities and ensure the peaceful enjoyment
p.(None): of constitutional guarantees and rights, shall organize:
p.(None):
p.(None): (1) A uniformed national police corps.
p.(None):
p.(None): (2) A scientific, criminal and criminological investigation corps.
p.(None):
p.(None): (3) A civilian fire department and emergency management corps.
p.(None):
p.(None): (4) A civil defense and disaster management organization.
p.(None):
p.(None): Organs of civilian security are of civil nature and shall respect human dignity and human rights, without
p.(None): discrimination of any kind. The functions of the civilian security organs constitute a concurrent competence with
p.(None): those of the States and Municipalities, on the terms established in this Constitution and the law.
p.(None):
p.(None): TITLE VIII PROTECTION OF THE CONSTITUTION
p.(None):
p.(None): Chapter 1
p.(None): Guarantee of the Constitution
p.(None):
p.(None): Article 333: This Constitution shall not cease to be in effect if it ceases to be observed due to acts of force or
p.(None): because or repeal in any manner other than as provided for herein. In such eventuality, every citizen*, whether or not
p.(None): vested with official authority, has a duty to assist in bringing it back into actual effect.
p.(None):
p.(None): Article 334: All of the judges* of the Republic, within their respective spheres of competence and in
p.(None): accordance with the provisions of this Constitution and law, are obligated to ensure the integrity of
p.(None): the Constitution. In the event of incompatibility between the Constitution and a law or other juridical
p.(None): provision, the provisions of the Constitution shall prevail, being the responsibility of the courts to rule
p.(None): accordingly in any case, even ex officio. The Constitutional Division of the Supreme Tribunal of Justice, as court of
p.(None): constitutional competence, shall have the exclusive power to declare the nullity of laws and other acts of organs
p.(None): exercising Public Power which are issued by way of direct and immediate implementation of the Constitution or
p.(None): have the status of law.
p.(None):
p.(None): Article 335: The Supreme Tribunal of Justice shall guarantee the supremacy and efficacy of constitutional rules and
p.(None): principles; it shall be the supreme and ultimate interpreter of the Constitution and shall see to the uniform
p.(None): interpretation and application of the same. Interpretations established by the Constitutional Division concerning
p.(None): the contents or
p.(None):
p.(None): scope of constitutional rules and principles are binding on the other division of the Supreme Tribunal of
p.(None): Justice and on all of the other courts of the Republic.
p.(None):
...
p.(None):
p.(None): Article 346: The President* of the Republic shall be obligated to promulgate Amendments and
p.(None): Reforms within ten days of their approval. If he fails to do so, the applicable provisions of this
p.(None): Constitution shall apply.
p.(None):
p.(None): Chapter III
p.(None): National Constituent Assembly
p.(None):
p.(None): Article 347: The original constituent power rests with the people of Venezuela. This power may be exercised
p.(None): by calling a National Constituent Assembly for the purpose of transforming the State, creating a new juridical order
p.(None): and drawing up a new Constitution.
p.(None):
p.(None): Article 348: The initiative for calling a National Constituent Assembly may emanate from the President*
p.(None): of the Republic sitting with the Cabinet of Ministers; from the National Assembly, by a two thirds vote of
p.(None): its members; from the Municipal Councils in open session, by a two-thirds vote of their members; and from
p.(None): 15% of the voters registered with the Civil and Electoral Registry.
p.(None):
p.(None): Article 349: The President* of the Republic shall not have the power to object to the new Constitution. The existing
p.(None): constituted authorities shall not be permitted to obstruct the Constituent Assembly in any way. For
p.(None): purposes of the promulgation of the new
p.(None):
p.(None): Constitution, the same shall be published in the Official Gazette of the Republic of Venezuela or in the
p.(None): Gazette of the Constituent Assembly.
p.(None):
p.(None): Article 350: The people of Venezuela, true to their republican tradition and their struggle for independence, peace and
p.(None): freedom, shall disown any regime, legislation or authority that violates democratic values, principles and
p.(None): guarantees or encroaches upon human rights.
p.(None):
p.(None): SOLE DEROGATION PROVISION
p.(None):
p.(None): The Constitution of the Republic of Venezuela decreed on January 23, 1961 is hereby derogated. The rest of
p.(None): the juridical order shall remain in effect to the extent not in conflict with this Constitution.
p.(None):
p.(None): TEMPORARY PROVISIONS
p.(None):
p.(None): First: The special law on the regime for the Capital District as provided for under article 18 of this Constitution
p.(None): shall be approved by the National Constituent Assembly, and shall preserve the territorial integrity of the State of
p.(None): Miranda. Pending approval of the special law, the regime provided for under the Organic Law on the Federal
p.(None): District and the Organic Law on the Municipal Regime shall remain in effect.
p.(None):
p.(None): Second: Pending enactment of the law provided for under article 38 of this Constitution concerning the acquisition,
p.(None): election, renunciation and recovery of nationality, foreign individuals who, having entered and remained
p.(None): within the national territory legally and declared their intention of establishing their domicile in Venezuela,
p.(None): have a lawful means of earning a living and have resided continuously in Venezuela for two years, shall be regarded
p.(None): as domiciled in Venezuela. Residence shall be understood as meaning continuing presence in the
p.(None): country with the intention of remaining. Declarations of intent as provided for under articles 32, 33 and 36 of this
p.(None): Constitution shall be made in the form of an authentic instrument by the interested party, when the latter is of legal
...
p.(None):
p.(None): (2) An organic law on refugees* and asylum guarantees, consistent with the terms of this Constitution and the
p.(None): pertinent international treaties ratified by Venezuela.
p.(None):
p.(None): (3) By reforming the Organic Labor Law, a new regime for the right of employees regarding severance payments as
p.(None): regulated in article 92 which regime shall provide for severance payments calculated in proportion to the
p.(None): time served and calculated according with the last salary earned, establishing a statute of limitation
p.(None): for this right of ten (10) years. Until such reformed law goes into effect, the seniority benefit
p.(None): arrangement established under the present Organic Labor Law currently in force shall temporarily remain in effect.
p.(None): Likewise a set of overall standards regulating the working day and promoting the progressive reduction thereof shall be
p.(None): included, on the terms contemplated under the International Labor Organization agreements and
p.(None): conventions signed by the Republic.
p.(None):
p.(None): (4) An organic procedural labor law guaranteeing the functioning of an autonomous and specialized labor
p.(None): jurisdiction and protection for workers on the terms provided for in this Constitution and the law. The
p.(None): organic labor procedural law shall be guided by the principles of gratuitous service, expeditiousness, oral
p.(None): proceedings, immediacy, priority on the reality of the facts, equity and guiding authority of the judge
p.(None): in the proceedings.
p.(None):
p.(None): (5) The legislation relating to the Judicial System, National Public Administration, Citizen Power,
p.(None): Electoral Power, tax laws, Budgeting Law, and Public Credit Law. An organic law on public defense. Until this law is
p.(None): passed, the Commission on the Functioning and Restructuring of the Judicial System shall be in charge of
p.(None): the development and effective functioning of the Autonomous Public Defender System, in order to guarantee
p.(None): the right to a defense.
p.(None):
p.(None): (6) A law developing the public finances of the States, establishing, in a manner consistent with the principles
p.(None): and rules of this Constitution, the taxes included in the same, the mechanisms for their application and the
p.(None): provisions regulating them.
p.(None):
p.(None): (7) Legislation developing the constitutional principles concerning municipal regime. In accordance
p.(None): with such legislation, the legislative organs of the States shall proceed to pass the normative
p.(None): instruments appropriate to the organizational powers assigned to them with respect to the Municipalities and other
p.(None): local organs, and the territorial political divisions in each jurisdiction. The existing Municipalities and
p.(None): parishes shall continue existing until they have been adapted to the new regime provided for under such
p.(None): legislation.
p.(None):
p.(None): (8) The law by which the Venezuelan Central Bank is to be governed. Among other matters, this law shall
...
p.(None): them stricter.
p.(None):
p.(None): (8) Extend the audit powers of the Tax Administration.
p.(None):
p.(None): (9) Increase the rate of default interest in order to discourage tax evasion.
p.(None):
p.(None): (10) Extension of the principle of solidarity to make it possible to reach the assets of Directors* or tax
p.(None): advisors* in cases they validate tax offenses.
p.(None):
p.(None): (11) Introduction of more expeditious administrative procedures.
p.(None):
p.(None): Sixth: Within two years, the National Assembly shall pass legislation on all matter relating to this
p.(None): Constitution. Priority shall be given to the Organic Laws on Native People, on Education, and on Borders.
p.(None):
p.(None): Seventh: For purposes of article 125 of this Constitution, pending approval of the pertinent organic law,
p.(None): the election of native representatives* to the National Assembly and the State and Municipal Legislative
p.(None): Councils shall be governed by the following nomination requirements and mechanisms:
p.(None):
p.(None): All native organizations or communities shall have the right to nominate native candidates. It is
p.(None): a requirement for being a candidate to speak their native language and meet at least one of the following conditions:
p.(None):
p.(None): (1) Have exercised position of traditional Authority in the correspondent community.
p.(None):
p.(None): (2) Have an established record in the social struggle for recognition of the correspondent cultural identity.
p.(None):
p.(None): (3) Have taken action benefiting native people and communities.
p.(None):
p.(None): (4) Must belong to a legally constituted native organization that has been in existence for at least three years.
p.(None):
p.(None): Three regions are to be established: West, consisting of the States of Zulia, Merida and Trujillo; South, consisting of
p.(None): the States of Amazonas and Apure; and East, consisting of the States of Bolivar, Delta Amacuro, Monagas,
p.(None): Anzoategui, and Sucre. Each of the states comprising the various regions shall elect one
p.(None): representative. The national Electoral Council shall declare elected the candidate who receives a majority of the
p.(None): valid votes in his region or circumscription. The native candidates shall appear on the ballot in their State or
p.(None): circumscription, and all of the voters in such State shall have the right to vote for them. For purposes of native
p.(None): representation on the State Legislative Council and on the Municipal Councils of Municipalities with a native
p.(None): population, the 1992 official census by the Central Statistics and Data Processing Office shall be used as a reference,
p.(None): and the elections shall be conducted in accordance with the rules and requirements established herein. The
...
p.(None): completing such replacement within five years. The circulation of coins minted and banknotes issued with the name
p.(None): "Republic of Venezuela" shall be regulated by the reform of the Venezuelan Central Bank Law contemplated
p.(None): under the Fourth Temporary Provision of this Constitution, with a view to make the transition to the name
p.(None): "Bolivarian Republic of Venezuela."
p.(None):
p.(None): Eighteenth: In order to assure the application of article 113 of this Constitution, the National Assembly
p.(None): shall pass a law establishing an entity which shall supervise, control and inspect the effective application of
p.(None): such principles and the provision and rules developing them. The person presiding or directing such entity shall
p.(None): be appointed with the majority of the votes of the members* of the National Assembly, with the favorable report of
p.(None): special commission designated from the bosom of the National Assembly for such purposes. The law shall establish
p.(None): the officer of the Public Administration and Judges* in charge of evaluating and deciding controversies related
p.(None): to the subjects referred to under such arrangement, apply with priority and exclusive the principles
p.(None): regulated thereof and that they shall not apply any provision which may cause the opposite effect. The law shall
p.(None): regulate the concessions for public services, the benefits for the concessionaire* and the financing
p.(None): of investments closely related to such public service, including upgrades and enlargement considered
...
Orphaned Trigger Words
p.(None):
p.(None): Article 203: Organic Laws are those designated as such by this Constitution, those enacted to organize
p.(None): public powers or developing constitutional rights, and those which serve as a normative framework for other laws. Any
p.(None): bill for the enactment of an organic law, except in the case of those defined as such in the Constitution itself, must
p.(None): first be accepted by the National Assembly, by a two thirds vote of the members* present, before the beginning of
p.(None): debate on the bill. This qualifying vote shall also apply to the process of amending organic acts. Laws defined by the
p.(None): National Assembly as organic acts shall be sent, prior to promulgation, to the Constitutional Division of the
p.(None): Supreme Tribunal of Justice for a ruling on the constitutionality of their organic status. The
p.(None): Constitutional Division shall reach a decision within ten days of receipt of the communication. If the Constitutional
p.(None): Division rules that the law is not organic, such the law shall lose the organic status. Enabling laws are
p.(None): those enacted by a three fifths vote of the members of the National Assembly to establish the guidelines, purposes and
p.(None): framework for matters that are being delegated to the President of the Republic, with the rank and force of a law.
p.(None): Enabling law is to set the period for the exercising thereof. The initiative for introducing legislation belongs to:
p.(None):
p.(None): (1) The National Executive Power.
p.(None):
p.(None): (2) The Delegated Committee and the Standing Committees.
p.(None):
p.(None): (3) Members* of the National Assembly, at least three in number.
p.(None):
p.(None): (4) The Supreme Tribunal of Justice, in the case of laws relating to judicial procedures and organization.
p.(None):
p.(None): (5) Citizen Power, in the case of laws relating to the organs comprising the same.
p.(None):
p.(None): (6) Electoral Power in the case of laws relating to electoral matters.
p.(None):
p.(None): (7) The voters*, in a number at least equivalent to 0.1% of all permanently registered voters.
p.(None):
p.(None): (8) The State Legislative Council, in the case of laws relating to the States.
p.(None):
p.(None): Article 205: The discussion of bills submitted by citizens* in accordance with the provisions of the
p.(None): preceding article shall be initiated no later than the regular legislative session following that during which the
p.(None): bill was introduced. If debate does not begin within such period, the bill must be submitted for approval by
p.(None): referendum in accordance with law.
p.(None):
p.(None): Article 206: The States must be consulted by the National Assembly, through the State Legislative Council, when
p.(None): legislation in matters relating to them is being considered. The mechanisms for consultation of citizens and other
p.(None): institutions by the Council with respect to such matters shall be established by law.
p.(None):
p.(None): Article 207: To be enacted into law, every bill shall be debated twice, on different days, following the rules
p.(None): established in this Constitution and the pertinent regulations. Once the bill is approved, the President* of the
p.(None): National Assembly shall declare the law enacted.
p.(None):
p.(None): Article 208: During the first debate, the statement of legislative intent shall be considered and the objectives,
p.(None): scope and viability of the same shall be evaluated in order to determine the appropriateness of the
...
p.(None):
p.(None): Article 334: All of the judges* of the Republic, within their respective spheres of competence and in
p.(None): accordance with the provisions of this Constitution and law, are obligated to ensure the integrity of
p.(None): the Constitution. In the event of incompatibility between the Constitution and a law or other juridical
p.(None): provision, the provisions of the Constitution shall prevail, being the responsibility of the courts to rule
p.(None): accordingly in any case, even ex officio. The Constitutional Division of the Supreme Tribunal of Justice, as court of
p.(None): constitutional competence, shall have the exclusive power to declare the nullity of laws and other acts of organs
p.(None): exercising Public Power which are issued by way of direct and immediate implementation of the Constitution or
p.(None): have the status of law.
p.(None):
p.(None): Article 335: The Supreme Tribunal of Justice shall guarantee the supremacy and efficacy of constitutional rules and
p.(None): principles; it shall be the supreme and ultimate interpreter of the Constitution and shall see to the uniform
p.(None): interpretation and application of the same. Interpretations established by the Constitutional Division concerning
p.(None): the contents or
p.(None):
p.(None): scope of constitutional rules and principles are binding on the other division of the Supreme Tribunal of
p.(None): Justice and on all of the other courts of the Republic.
p.(None):
p.(None): Article 336: The following are functions of the Constitutional Division of the Supreme Tribunal of Justice:
p.(None):
p.(None): (1) To declare the nullity, in whole or in part, of national laws and other acts of National Assembly with the force of
p.(None): law, which are in conflict with this Constitution.
p.(None):
p.(None): (2) To declare the nullity, in whole or in part, of state Constitutions and laws, municipal ordinances and other acts
p.(None): of the deliberating bodies of the States and Municipalities which are issued by way of direct and immediate
p.(None): implementation of the Constitution and are in conflict with the same.
p.(None):
p.(None): (3) To declare the nullity, in whole or in part, of acts of the National Executive with the force
p.(None): of law, which are in conflict with this Constitution.
p.(None):
p.(None): (4) To declare the nullity, in whole or in part, of acts issued by way of direct and immediate
p.(None): implementation of the Constitution by any other government organ exercising Public Power.
p.(None):
p.(None): (5) To verify, at the request of the President* of the Republic or the National Assembly, the
p.(None): constitutionality of international treaties signed by the Republic, prior to ratification of the same.
p.(None):
p.(None): (6) To review in all cases, even ex officio, the constitutionality of decree of the President* of the Republic
p.(None): decreeing states of exception.
p.(None):
p.(None): (7) To declare the unconstitutionality of omissions on the part of the municipal, state, national or
p.(None): legislatures, in failing to promulgate rules or measures essential to guaranteeing compliance with the
p.(None): Constitution, or promulgating it in an incomplete manner; and to establish the time limit and, where necessary,
p.(None): guidelines for correcting the deficiencies.
p.(None):
...
Appendix
Indicator List
| Indicator | Vulnerability |
|---|
| abuse | Victim of Abuse |
| access | Access to Social Goods |
| access to information | Access to information |
| age | Age |
| armed forces | Soldier |
| army | Soldier |
| arrest | person under arrest |
| arrested | person under arrest |
| asylum | Refugee Status |
| authority | Relationship to Authority |
| autonomy | Impaired Autonomy |
| child | Child |
| children | Child |
| conviction | Religion |
| crime | Illegal Activity |
| criminal | criminal |
| dependency | Drug Dependence |
| detained | person in detention center |
| disability | Mentally Disabled |
| disabled | Mentally Disabled |
| drug | Drug Usage |
| education | education |
| educational | education |
| emergency | Public Emergency |
| employees | employees |
| faith | Religion |
| family | Motherhood/Family |
| home | Property Ownership |
| illness | Physically Disabled |
| job | Occupation |
| language | Linguistic Proficiency |
| liberty | Incarcerated |
| marital status | Marital Status |
| military | Soldier |
| minor | Youth/Minors |
| motherhood | Motherhood/Family |
| nation | stateless persons |
| native | Indigenous |
| officer | Police Officer |
| opinion | philosophical differences/differences of opinion |
| parent | parents |
| parents | parents |
| partisan | political affiliation |
| party | political affiliation |
| police | Police Officer |
| political | political affiliation |
| property | Property Ownership |
| public official | public official |
| race | Racial Minority |
| religion | Religion |
| religious | Religion |
| restricted | Incarcerated |
| single | Marital Status |
| social welfare | Access to Social Goods |
| threat | Threat of Stigma |
| unemployment | Unemployment |
| union | Trade Union Membership |
| unlawful | Illegal Activity |
| victim | Victim of Abuse |
| vulnerability | vulnerable |
| vulnerable | vulnerable |
| women | Women |
Indicator Peers (Indicators in Same Vulnerability)
| Indicator | Peers |
|---|
| abuse | ['victim'] |
| access | ['socialXwelfare'] |
| armed forces | ['army', 'military'] |
| army | ['armedXforces', 'military'] |
| arrest | ['arrested'] |
| arrested | ['arrest'] |
| child | ['children'] |
| children | ['child'] |
| conviction | ['faith', 'religion', 'religious'] |
| crime | ['unlawful'] |
| disability | ['disabled'] |
| disabled | ['disability'] |
| education | ['educational'] |
| educational | ['education'] |
| faith | ['conviction', 'religion', 'religious'] |
| family | ['motherhood'] |
| home | ['property'] |
| liberty | ['restricted'] |
| marital status | ['single'] |
| military | ['armedXforces', 'army'] |
| motherhood | ['family'] |
| officer | ['police'] |
| parent | ['parents'] |
| parents | ['parent'] |
| partisan | ['party', 'political'] |
| party | ['political', 'partisan'] |
| police | ['officer'] |
| political | ['party', 'partisan'] |
| property | ['home'] |
| religion | ['faith', 'conviction', 'religious'] |
| religious | ['faith', 'conviction', 'religion'] |
| restricted | ['liberty'] |
| single | ['maritalXstatus'] |
| social welfare | ['access'] |
| unlawful | ['crime'] |
| victim | ['abuse'] |
| vulnerability | ['vulnerable'] |
| vulnerable | ['vulnerability'] |
Trigger Words
capacity
coercion
consent
cultural
developing
ethics
harm
justice
protect
protection
risk
self-determination
welfare
Applicable Type / Vulnerability / Indicator Overlay for this Input