Article 288. Of the Declaration, of the Causes, of the Enforcement and of the Time Periods
In the case of [an] armed international conflict, formally declared or not, or of a grave internal commotion that puts in imminent danger the rule [imperio] of this Constitution or the regular functioning of the organs created by it, the Congress or the Executive Power may declare the State of Exception in all or in part of the national territory, for a term of sixty days maximum. In the case that such declaration is effected by the Executive Power, the measure must be approved or rejected by the Congress within a time period of forty-eight hours.
The term of sixty days may be extended by periods of as much as thirty successive days, for which an absolute majority of both Chambers will be required.
During the parliamentary recess, the Executive Power may decree, for a sole time, the state of exception for a time period not longer than thirty days, but it will have to submit it within eight days to the approval or rejection of the Congress. which will be convoked of plain right to [an] extraordinary session, only for that effect.
The decree or the law that declares the State of Exception will contain the reasons and the facts invoked for its adoption, the time of its enforcement and the territory affected, as well as the rights that it restricts.
During the enforcement of the State of Exception, the Executive Power may only order, by decree and in each case, the following measures: the detention of the persons indicted [indiciadas] for participating in some of those acts, their transfer from one point to another of the Republic, as well as the prohibition or the restriction of public meetings and of demonstrations.
In all the cases, the persons indicted [indiciadas] will have the option to leave the country.
The Executive Power will immediately inform the Supreme Court of Justice on the status of the [persons] detained by virtue of the State of Exception and on the place of their detention or transfer, in order to make possible a judicial inspection.
Those detained because of the State of Exception will stay in healthy and clean premises [locales], not allocated to common inmates [reos], or they will be in reclusion in their own residence. The transfers will always be made to populated and healthy places.
The State of Exception will not interrupt the functioning of the powers of the State, the enforcement of this Constitution or, specifically, habeas corpus.
The Congress, by an absolute majority of votes, may provide at any time for the lifting of the State of Exception, if it considers that the causes for its declaration have ceased.
Once the State of Exception in finished, the Executive Power will inform the Congress, within a time period of no longer than five days, concerning that done [actuado] during the enforcement of it.