Venezuela (Bolivarian Republic of) 1999 (rev. 2009)

The territory and other geographical spaces of the Republic are those which belonged to the Captaincy-General of Venezuela before the political transformation begun on April 19, 1810, as amended by virtue of the treaties and arbitration awards which have not been vitiated with nullity.

The full sovereignty of the Republic is exercised on the continental, and insular spaces, lake and river spaces, territorial sea, historic, vital and inland sea areas, and those lying within such straight baselines as have been adopted or may come to be adopted by the Republic; seabed and under the seabed of the aforementioned; the continental, insular and maritime air space and the resources located within the aforementioned spaces, including genetic resources, migratory species, derived products and any intangible components that may be present within the aforementioned spaces because of natural causes.

The insular space of the Republic includes the Archipelago of Los Monjes, Las Aves, Los Roques, La Orchila, La Tortuga, La Blanquilla, Los Hermanos, islands of Margarita, Cubagua and Coche, Los Frailes, La Sola Island, Los Testigos Archipelago, Patos Island and Aves Island, as well as the islands, islets, keys and banks located or coming in the future to emerge from the territorial sea, that covering the continental shelf or that lying within the limits of the exclusive economic zone.

As to the water spaces consisting of the contiguous maritime zone, the continental sheaf and the exclusive economic zone, the Republic exercises exclusive rights of sovereignty and jurisdiction on such terms, to such extent and subject to such conditions as may be determined by public international law and national law.

The Republic has rights in outer space and in those areas which are or may be the Common Property of Humanity, on such terms, to such extent and subject to such conditions as may be determined by public international agreements and by the national legislation.

Mineral and hydrocarbon deposits of any nature that exist within the territory of the nation, beneath the territorial sea bed, within the exclusive economic zone and on the continental shelf, are the property of the Republic, are of public domain, and therefore inalienable and not transferable. The seacoasts are public domain property.

The territory shall never be assigned, transferred, leased or in any manner whatsoever conveyed, even temporarily or partially, to foreign States or other international law subjects.

The geographical space of Venezuela is an area of peace. No foreign military bases or facilities having purposes that are in any way military shall be established within such space by any power or coalition of powers.

Foreign States or other international law subjects shall be permitted to acquire real property only for the quarters of their diplomatic or consular delegations, within such area as may be determined and subject to guarantees of reciprocity, with such limitations as may be established by law. In all such cases, national sovereignty shall remain intact.

There shall be no conveyance of title to vacant land existing within the federal dependencies and on islands in rivers and lakes, and the right to use the same shall be granted only in a manner that does not involve, directly or indirectly, the transfer of title to the land.

The law shall establish a special legal regime for those territories which, by the freely adopted decision of their inhabitants and with the approval of the National Assembly, come to be incorporated into the territory of the Republic.

The State is responsible for establishing an overall policy in land, insular and maritime border areas, preserving the territorial integrity, sovereignty, security, defense, national identity, diversity and environment in accordance with cultural, economic and social development and integration. Taking into account the inherent nature of each border region through special financial allocations, an Organic Law on Borders shall determine the obligations and objectives comprising this responsibility.

For purposes of the political organization of the Republic, the territory of the nation is divided into those of the States, the Capital District, federal dependencies and federal territories. The territory is organized into Municipalities.

The political division of the territory shall be regulated by an organic law which shall guarantee municipal autonomy and administrative/political decentralization. Such law may provide for the creation of federal territorial in certain areas within the States, the taking effect of which shall be subject to the holding of a referendum to approve the same in the organ concerned. By special law, a federal territory may be given the status of a State; being allocated part or all of the territorial area concerned.

Federal dependencies are the maritime islands which are not incorporated into the territory of a State, as well as any island that may form or appear in the territorial sea or that covering the continental sheaf. Their regime and administration shall be provided by law.

The city of Caracas is the capital of the Republic and the seat of the organs of National Power.

The provisions of this article shall not prevent the exercise of National Power elsewhere in the Republic.

A special law shall establish the territorial and political unit of the city of Caracas, incorporating into a two-tier system of municipal government the Municipalities of the Capital District and those of the State of Miranda. Such law shall provide for the organization, government, administration, competency as well as resources of the city, with a view to its harmonious overall development. In any case the law shall guarantee the democratic and participative character of its government.

The State shall guarantee to every individual, in accordance with the progressive principle and without discrimination of any kind, no renounceable, indivisible and interdependent enjoyment and exercise of human rights. Respect for and the guaranteeing of these rights is obligatory for the organs of Public Power, in accordance with the Constitution, the human rights treaties signed and ratified by the Republic and any laws developing the same.

Everyone has the right to the free development of his or her own personality, subject only to the limitations deriving from the rights of others and public and social order.

All persons are equal before the law, and, consequently:

1. Equality regardless of race, Equality regardless of social status, Equality regardless of gender, Equality regardless of creed or belief
   No discrimination based on race, sex, creed or social standing shall be permitted, nor, in general, any discrimination with the intent or effect of nullifying or encroaching upon the recognition, enjoyment or exercise, on equal terms, of the rights and liberties of every individual.
2. Binding effect of const rights
   The law shall guarantee legal and administrative conditions such as to make equality before the law real and effective manner; shall adopt affirmative measures for the benefit of any group that is discriminated against, marginalized or vulnerable; shall protect in particular those persons who, because of any of the aforementioned circumstances, are in a manifestly weak position; and shall punish those who abuse or mistreat such persons.
3. People will only be officially addressed as Citizens, except for diplomatic forms.
4. No titles of nobility or hereditary distinctions shall be recognized.

The recitation of rights and guarantees contained in this Constitution and in international instruments concerning human rights are not to be understood as negating others inherent to individuals, not expressly mentioned in such recitation. The absence of a law regulating these rights shall not adversely affect the exercise thereof.

The treaties, pacts and conventions relating human rights which have been executed and ratified by Venezuela have a constitutional rank, and prevail over internal legislation, insofar as they contain provisions concerning the enjoyment and exercise of such rights that are more favorable than those established by this Constitution and the laws of the Republic, and shall be immediately and directly applied by the courts and other organs of the Public Power.

No legislative provision shall have retroactive effect, except where it imposes a lesser penalty. Procedural laws shall apply from the moment they go into effect, even to proceedings already in progress; however, in criminal proceedings, evidence already admitted shall be weighed in accordance with the laws that were in effect when the evidence was admitted, insofar as this benefits the defendant.

When there are doubts as to the rule of law that is to be applied, the most beneficial to the defendant will prevail.

Any act on the part of the Public Power that violates or encroaches upon the rights guaranteed by this Constitution and by law is null and void, and the public employees ordering or implementing the same shall incur criminal, civil and administrative liability, as applicable in each case, with no defense on grounds of having followed the orders of a superior.

Everyone has the right to access the organs comprising the justice system for the purpose of enforcing his or her rights and interests, including those of a collective or diffuse nature to the effective protection of the aforementioned and to obtain the corresponding prompt decision.

The State guarantees justice that is free of charge, accessible, impartial, suitable, transparent, autonomous, independent, responsible, equitable and expeditious, without undue delays, superfluous formalities or useless reinstating.

Everyone has the right to be protected by the courts in the enjoyment and exercise of constitutional rights and guarantees, including even those inherent individual rights not expressly mentioned in this Constitution or in international instruments concerning human rights.

Proceedings on a claim for constitutional protection shall be oral, public, brief, free of charge and unencumbered by formalities, and the competent judge shall have the power to restore immediately the legal situation infringed upon or the closest possible equivalent thereto. All time shall be available for the holding of such proceedings, and the court shall give constitutional claims priority over any other matters.

The action for the protection of liberty or safety, may be exercised by any person and the physical custody of the person of the detainee shall be transferred immediately to the court, without delay.

The exercise of this right shall not be affected in any way by the declaration of a state of exception or restriction of constitutional guarantees.

Anyone has the right of access to the information and data concerning him or her or his or her goods which are contained in official or private records, with such exceptions as may be established by law, as well as what use is being made of the same and the purpose thereof, and to petition the court of competent competence for the updating, correction or destruction of any records that are erroneous or unlawfully affect the petitioner’s right. He or she may, as well, access documents of any nature containing information of interest to communities or group of persons. The foregoing is without prejudice to the confidentiality of sources from which information is received by journalist, or secrecy in other professions as may be determined by law.

The State is obliged to investigate and legally punish offenses against human rights committed by its authorities.

Actions to punish the offense of violating humanity rights, serious violations of human rights and war crimes shall not be subject to statute of limitation. Human rights violations and the offense of violating humanity rights shall be investigated and adjudicated by the courts of ordinary competence. These offenses are excluded from any benefit that might render the offenders immune from punishment, including pardons and amnesty.

The State has the obligation to make full reparations to the victims of human rights violations for which it may be held responsible, and to the legal successors to such victims, including payment of damages.

The State shall adopt the necessary legislative measures and measures of other nature to implement the reparations and damage compensation provided for under this article.

The State shall protect the victims of ordinary crimes and endeavor to make the guilty parties provide reparations for the inflicted damages.

Everyone has the right, on the terms established by the human rights treaties, pacts and conventions ratified by the Republic, to address petitions and complaints to the intentional organs created for such purpose, in order to ask for protection of his or her human rights.

The State shall adopt, in accordance with the procedures established under this Constitution and by the law, such measures as may be necessary to enforce the decisions emanating from international organs as provided for under this article.

The right to life is inviolable. No law shall provide for the death penalty and no authority shall apply the same. The State shall protect the life of persons who are deprived of liberty, serving in the armed forces or civilian services, or otherwise subject to its authority.

Personal liberty is inviolable, therefore:

1. Right to pre-trial release
   No person shall be arrested or detained except by virtue of a court order, unless such person is caught in fraganti. In the latter case, such person must be brought before a judge within forty-eight hours of his or her arrest. He or she shall remain free during trial, except for reasons determined by law and assessed by the judge on a case-by case basis.

   The bail as required by law for the release of a detainee shall not be subject to tax of any kind.

2. Right to counsel, Prison registry
   Any person under arrest has the right to communicate immediately with members of his or her family, an attorney or any other person in whom he or she reposes trust, and such persons in turn have the right to be informed where the detainee is being held, to be notified immediately of the reasons for the arrest and to have a written record inserted into the case file concerning the physical or mental condition of the detainee, either by himself or herself, or with the aid of specialists. The competent authorities shall keep a public record of every arrest made, including the identity of the person arrested, the place, time, circumstances and the officers who made the arrest.

   In the case of the arrest of foreign nationals, (male or female), applicable provisions of international treaties concerning consular notification shall also be observed.

3. The penalty shall not extend beyond the person of the convicted individual. No one shall be sentenced to perpetual or humiliating penalties. Penalties consisting of deprivation of liberty shall not exceed 30 years.
4. Any authority taking measures involving the deprivation of liberty must identify himself or herself.
5. No person shall remain under arrest after a release order has been issued by the competent authority or such person’s sentence has been served.

The public authorities, whether military, civilian or of any other kind, even during a state of emergency, exception or restriction or guarantees, are prohibited from effecting, permitting or tolerating the forced disappearance of persons. An officer receiving an order or instruction to carry it out, has the obligation not to obey, and to report the order or instruction to the competent authorities. The intellectual and physical perpetrators accomplices and concealers of the crimes of forced disappearance of a person, as well as any attempt to commit such offense, shall be punished in accordance with law.

Everyone is entitled to respect for his or her physical, mental and moral integrity, therefore:

1. Prohibition of cruel treatment, Prohibition of torture
   No person shall be subjected to penalties, tortures, cruelty, inhuman or degrading treatment. Every victim of torture or cruel, inhumane or degrading treatment effected or tolerated by agents of the State has the right to rehabilitation.
2. Any person deprived of liberty shall be treated with respect due to the inherent dignity of the human being.
3. No person shall be subjected without his or her freely given consent to scientific experiments or medical or laboratory examinations, except when such person’s life is in danger, or in any other circumstances as may be detained by law.
4. Any public official who, by reason of his official position, inflicts mistreatment or physical or mental suffering on any person or instigates or tolerates such treatment, shall be punished in accordance with law.

A person’s home and any private premise are inviolable. They may not be forcibly entered except by court order, to prevent the commission of a crime or carry out the decisions handed down by the courts in accordance with law, respecting human dignity in all cases.

Any health inspections carried out in accordance with law shall be performed only after notice from the officials ordering or carrying it out.

The secrecy and inviolability of private communications in all forms are guaranteed. The same may not be interfered with except by order of a competent court, with observance of applicable provisions of law and preserving the secrecy of the private issues unrelated to the pertinent proceedings.

All judicial and administrative actions shall be subject to due process, therefore:

1. Regulation of evidence collection, Right to appeal judicial decisions, Right to counsel, Right to examine evidence/witnesses, Inalienable rights
   Legal assistance and defense are inviolable rights at all stages and levels during the investigation and proceeding. Every person has the right to be notified of the charges for which he or she is being investigated, to have access to the evidence and to be afforded the necessary time and means to conduct his or her defense. Any evidence obtained in violation of due process shall be null and void. Any person declared guilty shall have the right to appeal, except in the cases established by this Constitution and by the law.
2. Presumption of innocence in trials
   Any person shall be presumed innocent until proven otherwise.
3. Right to speedy trial, Trial in native language of accused
   Every person has the right to be heard in proceedings of any kind, with all due guarantees and within such reasonable time limit as may be legally detained, by a competent, independent and impartial court established in advance. Anyone who does not speak Spanish or is unable to communicate verbally is entitled to an interpreter.
4. Every person has the right to be judged by his or her natural judges of ordinary or special competence, with the guarantees established in this Constitution and by law. No person shall be put on trial without knowing the identity of the party judging him or her, nor be adjudged by exceptional courts or commissions created for such purpose.
5. Protection from self-incrimination, Regulation of evidence collection
   No person shall be required to confess guilt or testify against himself or herself or his or her spouse or partner, or any other relative within the fourth degree of consanguinity or the second degree of affinity. A confession shall be valid only if given without coercion of any kind.
6. Protection from ex post facto laws
   No person shall be punished for acts or omissions not defined under preexisting laws as a crime, offense or infraction.
7. Prohibition of double jeopardy
   No person shall be placed on trial based on the same facts for which such person has been judged previously.
8. Ultra-vires administrative actions
   Every person shall request from the State the restoration or remediation of a legal situation adversely affected by unwarranted judicial errors, and unjustified delay or omissions. The foregoing is without prejudice to the right of the individual to seek to hold the magistrate or judge personally liable, and that of the State to take action against the same.

Everyone shall freely transit by any means throughout the national territory, to change his or her domicile and residence, to leave and return to the Republic, to move his or her goods or belongings within the country and to bring his or her goods into or remove them from the country, subject only to such limitations as may be prescribes by law. In cases involving the granting of a concession, the law shall provide for the circumstances in which an alternate route must be provided. Venezuelans shall enter the country without need for authorization of any kind.

No act of the Public Power may establish against Venezuelans the penalty of banishment from the national territory.

Everyone has the right to petition or make representations before any authority or public official concerning matters within their competence, and to obtain a timely and adequate response. Whoever violates this right shall be punished in accordance with law, including the possibility of dismissal from office.

Everyone has the right to assemble for lawful purposes, in accordance with law. The State is obligated to facilitate the exercise of this right.

Everyone has the right to meet publicly or privately, without obtaining permission in advance, for lawful purposes and without weapons. Meetings in public places may be regulated by law.

No person shall be subjected to slavery or servitude. Traffic of persons, in particular women, children and adolescents, in any form, shall be subject to the penalties prescribes by law.

Every person has the right to protection by the State, through the citizen safety organs regulated by law, from situations that affect or constitute a threat, vulnerability or risk to the physical integrity of individuals, their properties, the enjoyment of rights or the Fulfillment of duties.

Participation by citizens in programs for purposes of prevention, citizen safety and emergency management shall be regulated by a special law.

The State’s security corps shall respect the human dignity and rights of all persons. The use of weapons or toxic substances by police and security officers shall be limited by the principles of necessity, convenience, opportunity and proportionality in accordance with law.

Every person has the right to his own name, to the summates of his father and mother, and to know the identity of the latter. The State guarantees the right to investigates maternity and paternity. All persons have the right to be registered free of charge with the Civil Registry Office after birth, and to obtain public documents constituting evidence of their biological identity, in accordance with law. Such documents shall not contain any mention classifying the parental relationship.

Everyone has the right to express freely his or her thoughts, ideas or opinions orally, in writing or by any other form of expression, and to use for such purpose any means of communication and diffusion, and no censorship shall be established. Anyone making use of this right assumes full responsibility for everything expressed.

Anonymity, war propaganda, discriminatory messages or those promoting religious intolerance are not permitted. Censorship restricting the ability of public officials to report on matters for which they are responsible is prohibited.

Communications are free and plural, and involve the duties and responsibilities indicated by law. Everyone has the right to timely, truthful and impartial information, without censorship, in accordance with the principles of this Constitution, as well as the right to reply and corrections when they are directly affected by inaccurate or offensive information. Children and adolescents have the right to receive adequate information for purposes of their overall development.

The State guarantees the freedom of cult and religion. All persons have the right to profess their religious faith and cults, and express their beliefs in private or in public, by teaching and other practices, provided such beliefs are not contrary to moral, good customs and public order. The autonomy and independence of religious confessions and churches is likewise guaranteed, subject only to such limitations as may derive from this Constitution and the law. Father and Mother are entitled to have their sons and daughters receive religious education in accordance with their convictions.

No one shall invoke religious beliefs or discipline as a means of evading compliance with law or preventing another person from exercising his or her rights.

Every person is entitled to protection of his or her honor, private life, intimacy, self-image, confidentiality and reputation.

The use of electronic information shall be restricted by law in order to guarantee the personal and family intimacy and honor of citizens and the full exercise of their rights.

All persons have the right to freedom of conscience, and to express the same except those practices affecting personality or constituting criminal offense. Objections of conscience may not be invoked in order to evade compliance with law or prevent others from complying with law or exercising their rights.

The State shall protect families as a natural association in society, and as the fundamental space for the overall development of persons. Family relationships are based on equality of rights and duties, solidarity, common effort, mutual understanding and reciprocal respect among family members. The State guarantees protection to the mother, father or other person acting as head of a household.

Children and adolescents have the right to live, be raised and develop in the bosom of their original family. When this is impossible or contrary to their best interests, they shall have the right to a substitute family, in accordance with law. Adoption has effects similar to those of parenthood, and is established in all cases for the benefit of the adoptee, in accordance with law. International adoption shall be subordinated to domestic adoption.

Motherhood and fatherhood are fully protected, whatever the marital status of the mother or father. Couples have the right to decide freely and responsibly how many children they wish to conceive, and are entitled to access to the information and means necessary to guarantee the exercise of this right. The State guarantees overall assistance and protection for motherhood, in general, from the moment of conception, throughout pregnancy, delivery and the puerperal period, and guarantees full family planning services based on ethical and scientific values.

The father and mother have the shared and inescapable obligation of raising, training, educating, maintaining and caring for their children, and the latter have the duty to provide care when the former are unable to do so by themselves. The necessary and proper measures to guarantee the enforceability of the obligation to provide alimony shall be established by law.

Marriage, which is based on free consent and absolute equality of rights and obligations of the spouses, is protected. A stable de facto union between a man and a woman which meets the requirements established by law shall have the same effects as marriage.

Children and adolescents are full legal persons and shall be protected by specialized courts, organs and legislation, which shall respect, guarantee and develop the contents of this Constitution, the law, the Convention on Children’s Rights and any other international treaty that may have been executed and ratified by the Republic in this field. The State, families and society shall guarantee full protection as an absolute priority, taking into account their best interest in actions and decisions concerning them. The State shall promote their progressive incorporation into active citizenship, and shall create a national guidance system for the overall protection of children and adolescents.

Young people have the right and duty to be active participants in the development process. The State, with the joint participation of families and society, shall create opportunities to stimulate their productive transition into adult life, including in particular training for and access to their first employment, in accordance with law.

The State shall guarantee senior citizens the full exercise of their rights and guarantees. The State, with the joint participation of families and society, is obligated to respect their human dignity, autonomy and to guarantee them full care and social security benefits to improve and guarantee their quality of life. Pension and retirement benefits granted through the social security system shall not be less than the urban minimum salary. Senior citizens shall be guaranteed to have the right to a proper work, if they indicate a desire to work and are capable to.

Any person with disability or special needs has the right to the full and autonomous exercise of his or her abilities and to its integration into the family and community. The State, with the joint participation of families and society, guarantees them respect for their human dignity, equality of opportunity and satisfactory working conditions, and shall promote their training, education and access to employment appropriate to their condition, in accordance with law. It is recognized that deaf persons have the right to express themselves and communicate through the Venezuelan sign language.

Every person has the right to adequate, safe and comfortable, hygienic housing, with appropriate essential basic services, including a habitat such as to humanize family, neighborhood and community relations. The progressive meeting of this requirement is the shared responsibility of citizens and the State in all areas.

The State shall give priority to families, and shall guarantee them, especially those with meager resources, the possibility of access to social policies and credit for the construction, purchase or enlargement of dwellings.

Health is a fundamental social right and the responsibility of the State, which shall guarantee it as part of the right to life. The State shall promote and develop policies oriented toward improving the quality of life, common welfare and access to services. All persons have the right to protection of health, as well as the duty to participate actively in the furtherance and protection of the same, and to comply with such health and hygiene measures as may be established by law, and in accordance with international conventions and treaties signed and ratified by the Republic.

In order to guarantee the right to health, the State creates, exercises guidance over and administers a national public health system that crosses sector boundaries, and is decentralized and participatory in nature, integrated with the social security system and governed by the principles of gratuity, universality, completeness, fairness, social integration and solidarity. The public health system gives priority to promoting health and preventing disease, guaranteeing prompt treatment and quality rehabilitation. Public health assets and services are the property of the State and shall not be privatized. The organized community has the right and duty to participate in the making of decisions concerning policy planning, implementation and control at public health institutions.

Financing of the public health system is the responsibility of the State, which shall integrate the revenue resources, mandatory Social Security contributions and any other sources of financing provided for by law. The State guarantees a health budget such as to make possible the attainment of health policy objectives. In coordination with universities and research centers, a national professional and technical training policy and a national industry to produce health care supplies shall be promoted and developed. The State shall regulate both public and private health care institutions.

All persons are entitled to Social Security as a nonprofit public service to guarantee health and protection in contingencies of maternity, fatherhood, illness, invalidity, catastrophic illness, disability, special needs, occupational risks, loss of employment, unemployment, old age, widowhood, loss of parents, housing, burdens deriving from family life, and any other social welfare circumstances. The State has the obligation and responsibility of ensuring the efficacy of this right, creating a universal and complete Social Security system, with joint, unitary, efficient and participatory financing from direct and indirect contributions. The lack of ability to contribute shall not be ground for excluding persons from protection by the system. Social Security financial resources shall not be used for other purposes. The mandatory assessments paid by employees to cover medical and health care services and other Social Security benefits shall be administered only for social purposes, under the guidance of the State. Any net remaining balances of capital allocated to health, education and Social Security shall be accumulated for distribution and contribution to those services. The Social Security system shall be ruled by a special organic law.

All persons have the right and duty to work. The State guarantees the adoption of the necessary measures so that every person shall be able to obtain productive work providing him or her with a dignified and decorous living and guarantee him or her the full exercise of this right. It is an objective of the State to promote employment. Measures tending to guarantee the exercise of the labor rights of self employed persons shall be adopted by law. Freedom to work shall be subject only to such restrictions as may be established by law.

Every employer shall guarantee employees adequate safety, hygienic and environmental conditions on the job. The State shall adopt measures and create institutions such as to make it possible to control and promote these conditions.

The State guarantees the equality and equitable treatment of men and women in the exercise of the right to work. The state recognizes work at home as an economic activity that creates added value and produces social welfare and wealth. Housewives are entitled to Social Security in accordance with law.

Work is a social fact and shall enjoy the protection of the State. The law shall make the necessary provisions for improving the material, moral and intellectual conditions of workers. In order to fulfill this duty of the State, the following principles are established:

1. No law shall establish provisions that affect the intactness and progressive nature of labor rights and benefits. In labor relations, reality shall prevail over forms or appearances.
2. Labor rights are unrenounceable; any action, agreement or convention involving a waiver of or encroachment upon these rights is null and void. Concessions and settlements are possible only at the end of the employment relationship, in accordance with the requirements established by law.
3. When there are doubts concerning application or conflicts among several rules, or in the interpretation of a particular rule, that most favorable to the worker shall be applied. The rule applied must be applied in its entirety.
4. Any measure or act on the part of an employer in violation of this Constitution is null and void, and of no effect.
5. All types of discrimination because of political reasons, age, race, creed, sex or any other characteristic is prohibited.
6. Limits on employment of children
   Work by adolescents at tasks that may affect their overall development is prohibited. The State shall protect them against any economic and social exploitation.

Working hours shall not exceed eight hours per day or 44 hours per week. Where permitted by law, night work shall not exceed seven hours per day or 35 hours per week. No employer shall have the right to require employees to work overtime. An effort shall be made to reduce working hours progressively in the interest of society and in such sphere as may be determined, and appropriate provisions shall be adopted to make better use of free time for the benefit of the physical, spiritual and cultural development of workers.

Workers are entitled to weekly time off and paid vacations on the same terms as for days actually worked.

Every worker has the right to a salary sufficient to enable him or her to live with dignity and cover basic material, social and intellectual needs for himself or herself and his or her family. The payment of equal salary for equal work is guaranteed, and the share of the profits of a business enterprise to which workers are entitled shall be determined. Salary is not subject to garnishment, and shall be paid periodically and promptly in legal tender, with the exception of the food allowance, in accordance with law.

The State guarantees workers in both the public and the private sector a vital minimum salary which shall be adjusted each year, taking as one of the references the cost of a basic market basket. The form and procedure to be followed, shall be established by law.

All workers have the right to benefits to compensate them for length of service and protect them in the event of dismissal. Salary and benefits are labor obligations due and payable immediately upon accrual. Any delay in payment of the same shall bear interest, which constitutes a debt certain and shall enjoy the same privileges and guarantees as the principal debt.

Stable employment shall be guaranteed by law, with provisions as appropriate to restrict any form of unjustified dismissal. Dismissals contrary to this Constitution are null and void.

The liability of the natural or juridical person for whose benefit services are provided through an intermediary or contractor shall be determined by law, without prejudice to the job and severance liability of the latter. The State shall establish, through the competent organ, the liability to which employers in general are subject in the event of simulation or fraud for the purpose of distorting, disregarding or impeding the application of labor legislation.

Workers, without distinction of any kind and without need for authorization in advance, have the right freely to establish such union organizations as they may deem appropriate for the optimum protection of their rights and interests, as well as the right to join or not to join the same, in accordance with law. These organizations are not subject to administrative dissolution, suspension or intervention. Workers are protected against any act of discrimination or interference contrary to the exercise of this right. The promoters and the members of the board of directors of the union enjoy immunity from dismissal from their employment for the period and on the terms required to enable them to carry out their functions.

For purposes of the exercise of union democracy, the bylaws and regulations of union organizations, shall provide for the replacement of boards of directors and representatives by universal, direct and secret suffrage. Any union leaders and representatives who abuse the benefits deriving from union freedom for their personal gain or benefit shall be punished in accordance with law. Boards of directors members of union organizations shall be required to file a sworn statement of assets.

All employees in both public and the private sector have the right to voluntary collective bargaining and to enter into collective bargaining agreements, subject only to such restrictions as may be established by law. The State guarantees this process, and shall establish appropriate provisions to encourage collective relations and the resolution of labor conflicts. Collective bargaining agreements cover all workers who are active as of the time they are signed, and those hired thereafter.

All workers in the public and private sector have the right to strike, subject to such conditions as may be established by law.

Cultural creation is free. This freedom includes the right to invest in, produce and disseminate the creative, scientific, technical and humanistic work, as well as legal protection of the author’s rights in his works. The State recognizes and protects intellectual property rights in scientific, literary and artistic works, inventions, innovations, trade names, patents, trademarks and slogans, in accordance with the conditions and exceptions established by law and the international treaties executed and ratified by the Republic in this field.

Cultural values are the unrenounceable property of the Venezuelan people and a fundamental right to be encouraged and guaranteed by the State, efforts being made to provide the necessary conditions, legal instruments, means and funding. The autonomy of the public administration of culture is recognized, on such terms as may be established by law. The State guarantees the protection and preservation, enrichment, conservation and restoration of the cultural tangible and intangible heritage and the historic memories of the nation. The assets constituting the cultural heritage of the nation are inalienable, not subject to distrait or to statute of limitations. Penalties and sanctions for damage caused to these assets shall be provided for by law.

The folk cultures comprising the national identity of Venezuela enjoy special attention, with recognition of and respect for intercultural relations under the principle of equality of cultures. Incentives and inducements shall be provided for by law for persons, institutions and communities which promote, support, develop or finance cultural plans, programs and activities within the country and Venezuelan culture abroad. The State guarantees cultural workers inclusion in the Social security system to provide them with a dignified life, recognizing the idiosyncrasies of cultural work, in accordance with law.

The State guarantees the issuance, receiving and circulation of cultural information. The communications media have the duty of assisting in the dissemination of the values of folk traditions and the work of artists, writers , composers, motion-picture directors, scientists and other creators of culture of the country. The television media shall include subtitles and translation into Venezuelan sign language for persons with hearing problems. The terms and modalities of these obligations, shall be established by law.

Education is a human right and a fundamental social duty; it is democratic, free of charge and obligatory. The State assumes responsibility for it as an irrevocable function of the greatest interest, at all levels and in all modes, as an instrument of scientific, humanistic and technical knowledge at the service of society. Education, is a public service, and is grounded on the respect for all currents of thought, to the end of developing the creative potential of every human being and the full exercise of his or her personality in a democratic society based on the work ethic value and on active, conscious and joint participation in the processes of social transformation embodied in the values which are part of the national identity, and with a Latin American and universal vision. The State, with the participation of families and society, promotes the process of civic education in accordance with the principles contained in this Constitution and in the laws.

Every person has the right to a full, high-quality, ongoing education under conditions and circumstances of equality, subject only to such limitations as derive from such persons own aptitudes, vocation and aspirations. Education is obligatory at all levels from maternal to the diversified secondary level. Education offered at State institutions is free of charge up to the undergraduate university level. To this end, the State shall make a priority investment in accordance with United Nations recommendations. The State shall create and sustain institutions and services sufficiently equipped to ensure the admission process, ongoing education and program completion in the education system. The law shall guarantee equal attention to persons with special needs or disabilities, and to those who have been deprived of liberty or do not meet the basic conditions for admission to and continuing enrollment in the education system.

The contributions of private individuals to public education programs at the secondary and university levels shall be tax deductible in accordance with the pertinent law.

Persons of recognized good moral character and proven academic qualifications shall be placed in charge of education. The State shall encourage them to remain continuously up to date, and shall guarantee stability in the practice of the teaching profession, whether in public or private institutions, in accordance with this Constitution and the law, with working conditions and a standard of living commensurate with the importance of their mission. Admissions, promotion and continued enrollment in the education system shall be provided for by law, and shall be responsive to evaluation criteria based on merit, to the exclusion of any partisan or other nonacademic interference.

The professions requiring a degree and the conditions that must be met to practice them, including, professional organization membership, shall be determined by law.

Every natural or juridical person, subject, to demonstration of its ability and provided it meets at all times the ethical, academic, scientific, financial, infrastructure and any other requirements that may be established by law, shall be permitted to found and maintain private educational institutions under the strict inspection and vigilance of the State, with the prior approval of the latter.

Environmental education is obligatory in the various levels and modes of the education system, as well as in informal civil education. Spanish, Venezuelan geography and history and the principles of the Bolivarian thought shall be compulsory courses at public and private institutions up to the diversified cycle level.

The communications media, public and private, shall contribute to civil education. The State guarantees public radio and television services and library and computer networks, with a view to permitting universal access to information. Education centers are to incorporate knowledge and application of new technologies and the resulting innovations, in accordance with such requirements as may be established by law to this end.

The State shall recognize the autonomy of universities as a principle and status that allows teachers, students and graduates from its community, to devote themselves to the search for knowledge through research in the fields of science, humanistic and technology, for the spiritual and material benefit of the Nation. Autonomous universities shall adopt their own rules for their governance and operation and the efficient management of their property, under such control and vigilance as may be established by law to this end. Autonomy of universities is established in the planning, organization, preparation and updating of research, teaching and extension programs. The inviolability of the university campus is established. Experimental national universities shall attain their autonomy in accordance with law.

The State recognizes as being in the public interest science, technology, knowledge, innovation and the resulting applications, and the necessary information services, the same being fundamental instruments for the country’s economic, social and political development, as well as for national sovereignty and security. To promote and develop these activities, the State shall allocate sufficient resources and shall create a national science and technology system in accordance with law. The private sector shall contribute with resources as well. The State shall guarantee the enforcement of the ethical and legal principles that are to govern research activities in science, humanism and technology. The manners and means of fulfilling this guarantee shall be determined by law.

All persons have a right to sports and recreation as activities beneficial to individual and collective quality of life. The State assumes responsibility for sports and recreation as an education and public health policy, and guarantees the resources for the furtherance thereof. Physical education and sports play a fundamental role in the overall education of childhood and adolescents. Instruction in the same is obligatory at all levels of public and private education up to the diversified cycle, with such exceptions as may be established by law. The State guarantees full attention to athletes without discrimination of any kind, as well as support for high-level competitive sports and evaluation and regulation of sports organizations in both the public and the private sector, in accordance with law.

Incentives and inducements shall be established, for the persons, institutions and communities that promote athletes and develop or finance sports activities, plans and programs in the country.

All persons may devote themselves freely to the economic activity of their choice, subject only to the limitations provided for in this Constitution and those established by law for reasons of human development, security, health, environmental protection or other reasons in the social interest. The State shall promote private initiative, guaranteeing the creation and fair distribution of wealth, as well as the production of goods and services that meet the needs of the populace, freedom of work, enterprise, commerce, industry, without prejudice to the power of the State to promulgate measures to plan, rationalize and regulate the economy and promote the overall development of the country.

Monopolies shall not be permitted. Any act, activity, conduct or agreement of private individuals which is intended to establish a monopoly or which leads by reason of its actual effects to the existence of a monopoly, regardless of the intentions of the persons involved, and whatever the form it actually takes, is hereby declared contrary to the fundamental principles of this Constitution. Also contrary to such principles is abuse of a position of dominance which a private individual, a group of individuals or a business enterprise or group of enterprises acquires or has acquired in a given market of goods or services, regardless of what factors caused such position of dominance, as well as in the event of a concentration of demand. In all of the cases indicated, the State shall be required to adopt such measures as may be necessary to prevent the harmful and restrictive effects of monopoly, abuse of a position of dominance and a concentration of demand, with the purpose of protecting consumers and producers and ensuring the existence of genuine competitive conditions in the economy.

In the case of the exploitation of natural resources which are the property of the Nation or the providing of services of a public nature, on an exclusive basis or otherwise, the State shall grant concessions for a certain period, in all cases ensuring the existence of adequate consideration or compensation to serve the public interest.

Economic crime, speculation, hoarding, usury, the formation of cartels and other related offenses, shall be punished severely in accordance with law.

The right of property is guaranteed. Every person has the right to the use, enjoyment, usufruct and disposal of his or her goods. Property shall be subject to such contributions, restrictions and obligations as may be established by law in the service of the public or general interest. Only for reasons of public benefit or social interest by final judgment, with timely payment of fair compensation, the expropriation of any kind of property may be declared.

Confiscation of property shall not be ordered and carried out, but in the cases permitted by this Constitution. As an exceptional measure, the property of natural or legal persons of Venezuelan or foreign nationality who are responsible for crimes committed against public patrimony may be subject to confiscation, as may be the property of those who illicitly enriched themselves under cover of Public Power, and property deriving from business, financial or any other activities connected with unlawful trafficking in psychotropic and narcotic substances.

All persons shall have the right of access to goods and services of good quality, as well as to adequate and non-misleading information concerning the contents and characteristics of the products and services they consume, to freedom of choice and to fair and dignified treatment. The mechanisms necessary to guarantee these rights, the standards of quality and quantity for goods and services, consumer protection procedures, compensation for damages caused and appropriate penalties for the violation of these rights shall be established by law.

The right of workers and the community to develop associations of social and participative nature such as cooperatives, savings funds, mutual funds and other forms of association is recognized. These associations may develop any kind of economic activities in accordance with the law. The law shall recognize the specificity of these organizations, especially those relating the cooperative, the associated work and the generation of collective benefits.

The state shall promote and protect these associations destined to improve the popular economic alternative.

The State recognizes the existence of native peoples and communities, their social, political and economic organization, their cultures, practices and customs, languages and religions, as well as their habitat and original rights to the lands they ancestrally and traditionally occupy, and which are necessary to develop and guarantee their way of life. It shall be the responsibility of the National Executive, with the participation of the native peoples, to demarcate and guarantee the right to collective ownership of their lands, which shall be inalienable, not subject to the law of limitations or distrait, and nontransferable, in accordance with this Constitution and the law.

Exploitation by the State of the natural resources in native habitats shall be carried out without harming the cultural, social and economic integrity of such habitats, and likewise subject to prior information and consultation with the native communities concerned. Profits from such exploitation by the native peoples are subject to the Constitution and the law.

Native peoples have the right to maintain and develop their ethnical and cultural entity, world view, values, spirituality and holy places and places of cult. The State shall promote the appreciation and dissemination of the cultural manifestations of the native peoples, who have the right to their own education, and an education system of an intercultural and bilingual nature, taking into account their special social and cultural characteristics, values and traditions.

Native peoples have the right to a full health system that takes into consideration their practices and cultures. The State shall recognize their traditional medicine and supplementary forms of therapy, subject to principles of bioethics.

Native peoples have the right to maintain and promote their own economic practices based on reciprocity, solidarity and exchange; their traditional productive activities and their participation in the national economy, and to define their priorities. Native peoples have the right to professional training services and to participate in the preparation, implementation and management of specific training programs and technical and financial assistance services to strengthen their economic activities within the framework of sustainable local development. The State shall guarantee to workers belonging to native peoples the enjoyment of the rights granted under labor legislation.

Collective intellectual property rights in the knowledge, technologies and innovations of native peoples are guaranteed and protected. Any activity relating to genetic resources and the knowledge associated with the same, shall pursue collective benefits. The registry of patents on this ancestral knowledge and these resources is prohibited.

Native peoples have the right to participate in politics. The State shall guarantee native representation in the National Assembly and the deliberating organs of federal and local entities with a native population, in accordance with law.

Native peoples, as cultures with ancestral roots, are part of the Nation, the State and the Venezuelan people, which is one, sovereign and indivisible. In accordance with this Constitution, they have the duty of safeguarding the integrity and sovereignty of the nation.

The term people in this Constitution shall in no way be interpreted with the implication it is imputed in international law.

It is the right and duty of each generation to protect and maintain the environment for its own benefit and that of the world of the future. Everyone has the right, individually and collectively, to enjoy a safe, healthful and ecologically balanced life and environment. The State shall protect the environment, biological and genetic diversity, ecological processes, national parks and natural monuments, and other areas of particular ecological importance. The genome of a living being shall not be patentable, and the field shall be regulated by the law relating to the principles of bioethics.

It is a fundamental duty of the State, with the active participation of society, to ensure that the populace develops in a pollution-free environment in which air, water, soil, coasts, climate, the ozone layer and living species receive special protection, in accordance with law.

The State shall develop a zoning policy taking into account ecological, geographic, demographic, social, cultural, economic and political realities, in accordance with the premises of sustainable development, including information, consultation and male/female participation by citizens. An organic law shall develop the principles and criteria for this zoning.

Any activities capable of generating damage to ecosystems must be preceded by environmental and socio-cultural impact studies. The State shall prevent toxic and hazardous waste from entering the country, as well as preventing the manufacture and use of nuclear, chemical and biological weapons. A special law shall regulate the use, handling, transportation and storage of toxic and hazardous substances.

In contracts into which the Republic enters with natural or juridical persons of Venezuelan or foreign nationality, or in any permits granted which involve natural resources, the obligation to preserve the ecological balance, to permit access to, and the transfer of technology on mutually agreed terms and to restore the environment to its natural state if the latter is altered, shall be deemed included even if not expressed, on such terms as may be established by law.

Venezuelans have the duty to honor and defend their native land symbols and cultural values and to guard and protect the sovereignty, nationhood, territorial integrity, self determination and interests of the nation.

Everyone has the duty to comply with and obey this Constitution and the laws and other official acts promulgated by the organs of Public Power.

Everyone has a duty to fulfill his or her social responsibilities and participate together in the political, civic and community life of the country, promoting and protecting human rights as the foundation of democratic coexistence and social peace.

Everyone has the duty to contribute toward public expenditures by paying such taxes, assessments and contributions as may be established by law.

Everyone, in accordance with law, has the duty to perform such civilian or military service as may be necessary for the defense, preservation and development of the country, or to deal with situations involving a public calamity. No one shall be subjected to forcible recruitment.

Everyone has the duty of rendering its services in the electoral functions assigned to them by law.

The obligations incumbent upon the State in accordance with this Constitution and the law, in Fulfillment of the States commitments to the general welfare of society, do not preclude the obligations which, by virtue of solidarity, social responsibility and humanitarian assistance, are incumbent upon private individuals according to their abilities.

Appropriate provisions shall be enacted by law to compel the fulfillment of these obligations in those cases in which such compulsion is necessary. Those aspiring to practice any profession have a duty to perform community service for such period, in such place and on such terms as may be provided for by law.

Is of the competence of the National Public Power:

1. The international policy and actions of the Republic.
2. Defense and supreme vigilance of the general interests of the Republic, public peace keeping and the proper enforcement of the laws throughout the national territory.
3. The flag, coat of arms, national anthem, holidays, decorations and honors of a national nature.
4. Naturalization, admission, extradition and expulsion of foreign nationals.
5. Identification services.
6. The national police.
7. National security, defense and development.
8. The organization and governance of the National Armed Forces.
9. The governance of risk and emergency management.
10. The organization and governance of the Capital District and the federal dependencies.
11. Regulation of central banking, the monetary system, foreign currency, the financial and capital market system and the issuance and mintage of currency.
12. Drugs, alcohol, and illegal substances
    The creation, organization, collection, administration and control of taxes on income, inheritances, donations and other related areas, capital, production, value added, hydrocarbons and mines; duties on the importing and exporting of products and services; taxes on the consumption of liquor, alcohol and other products containing alcohol, cigarettes and other tobacco products; and any other taxes, assessments and revenues not expressly assigned by this Constitution and the law to the States and Municipalities.
13. Legislation to guarantee the coordination and harmony of the various different taxing powers and define principles, parameters and limitations, especially for purposes of determining the tax rates and aliquot parts for state and municipal taxes, and to create specific funds that ensure inter-territorial solidarity.
14. The creation and organization of land taxes or taxes on rural properties and on real estate transactions, the collection and oversight of which is the responsibility of the Municipalities, in accordance with this Constitution.
15. The governance of foreign trade and the organization and governance of customs.
16. The governance and management of mines and hydrocarbons, the governance of vacant lands and the conservation, development and exploitation of forests, soil, water and other elements of the country’s natural wealth.

    The National Executive shall not grant mining concessions for an indefinite period.

    The law shall establish an economic system of special financial assignments for the benefit of States within whose territory the assets mentioned in this section are located, without prejudice to the possibility of also establishing special appropriations for the benefit of other States.

17. The system of legal weights and measures and quality control.
18. Census
    National censuses and statistics.
19. The establishing, coordination and unification of technical standards and procedures for engineering, architectural and city planning projects, and city planning/zoning legislation.
20. Public works in the national interest.
21. The macroeconomic, financial and fiscal policies of the Republic.
22. The governance and organization of the Social Security System.
23. National policy and legislation in the fields of health, housing, food safety, the environment, waters, tourism, zoning and shipping.
24. National education and health policies and services.
25. National policies for agricultural, livestock, fisheries and forest production.
26. The national transportation and shipping system and air, overland, ocean, river and lake transportation of a national nature; ports, airports and their infrastructure.
27. The national highway and railway systems.
28. Telecommunications
    Governance of postal and telecommunications services, as well as governance and management of the electromagnetic spectrum.
29. General governance of residential public utility services, including in particular electricity, drinking water and gas.
30. Management of border policy with an overall vision of the country, such as to permit a Venezuelan presence and the maintenance of territory and sovereignty in these areas.
31. The organization and administration of justice at the national level, as well as the Office of General Prosecutor and the People Defender.
32. Legislation in the fields of constitutional guarantees, rights and duties; civil, mercantile, criminal, penological, procedural and private international law; election law; expropriation in the public interest or in the interest of society; public credit; intellectual, artistic and industrial property; cultural and archaeological heritage; agriculture; immigration and population; native people and the territories they occupy; labor, Welfare and Social Security; animal and vegetable hygiene; notarial and public record offices; banks and insurance; lotteries, racetracks and betting in general; organization and functioning of the organs of National Public Power and other organs and institutions at the national level; and all matters of national competence in general.
33. Any other matters which the present Constitution may assign to National Public Power, or which by their nature or type come under its competence.

The National Assembly, by a majority vote of its members, shall have the power to delegate to the States or Municipalities certain matters under national competence, in order to promote decentralization.

Decentralization, as a national policy, must add depth to democracy, bring power closer to the people and creating optimum conditions both for the exercise of democracy and for the effective and efficient Fulfillment of government commitments.

The States are politically equal and autonomous organs with full juridical personality, and are obligated to maintain the independence, sovereignty and integrity of the nation and to comply with and enforce the Constitution and the laws of the Republic.

The government and administration of each State corresponds to a Governor [masculine] or Governor [feminine]. To be governor [masculine] or Governor [feminine] it is required to be Venezuelan [masculine] or Venezuelan [feminine], greater than twenty-five years old and of secular estate.

The Governor [masculine] or Governor [feminine] will be elected for a period of four years by the majority of the persons that vote. the Governor [masculine] or Governor [feminine] may be re-elected.

Governors shall give a yearly public accounting to the State Comptroller for their office, and shall submit a report on the same to the Legislative Council and the Public Policy Planning and Coordination Council.

The Legislative Power is exercised in each State by a Legislative Council composed of a number of not greater than fifteen nor less than seven members, who proportionally represent the population of the State and the Municipalities. The Legislative Council has the following attributions:

1. To legislate concerning matters of State competence.
2. To approve the Law of the Budget of the State.
3. The others that the Constitution and the law establish.

The obligation[s] of [an] annual rendering of accounts and privilege [inmunidad] in their territorial jurisdiction [are] requirements to be a member of the Legislative Council, governed by the norms that the Constitution establishes for the deputies [masculine] and deputies [feminine] of the National Assembly, in what is applicable. The state legislator [masculine] and legislator [feminine] will be elected for a period of four years, and may be re-elected. The national law will regulate the regime of organization and the function of the Legislative Council.

Each State shall have a Comptroller’s Office which shall enjoy structural and operating autonomy. The State Comptroller’s Office shall exercise, in accordance with this Constitution and in accordance with law, control, vigilance and auditing authority over state revenues, expenses and assets, without prejudice to the scope of the functions of the Office of the General Comptroller of the Republic. This body shall act under the direction and responsibility of a Comptroller, whose qualifications to serve in this position shall be determined by law, guaranteeing his capability and independence, as well as the neutrality of his appointment, which shall be by public competition.

Is of the States exclusive competence:

1. Promulgating their Constitution to organize public authority, in accordance with the provisions of this Constitution.
2. Organization of their Municipalities and other local organs and the territorial and political divisions between them, in accordance with this Constitution and in accordance with law.
3. Management of their assets and investment and management of their resources, including those deriving from transfers, subsidies or special assuagements from National Power, and those assigned to them as a share of national tax revenues.
4. Organization, collection, control and administration of their own taxes, in accordance with provisions of national and state law.
5. The governance and exploitation of non-metallic minerals that are not reserved to National Power, as well as salt deposits and oyster beds, and the management of vacant lands within their jurisdiction, in accordance with law.
6. Organization of the police and determination of the branches of this service to be assigned to municipal jurisdiction, in accordance with applicable national legislation.
7. Creation, organization, collection, control and management in the fields of sealed paper and tax documentary stamps.
8. Creation, governance and organization of state public services.
9. Construction, preservation, management and exploitation of overland travel routes within the states.
10. Conservation, management and exploitation of national expressways and highways, as well as ports and airports in commercial use, in coordination with the National Executive.
11. Any matters not placed, in accordance with this Constitution, under national or municipal jurisdiction.

Matters involving concurrent competence shall be regulated by laws enacted by National Power and implementation laws passed by the States. This legislation shall be guided by the principles of interdependence, coordination, cooperation, shared responsibility and subordination.

The States shall decentralize and transfer to the Municipalities the state services and powers which the Municipalities are capable of exercising, as well as management of the associated resources, in the areas in which concurrent jurisdiction exist as between these two levels of Public Power. The transfer mechanisms shall be regulated by the legal system of the State concerned.

In each state, a Public Policy Planning and Coordination Council shall be created, chaired by the Governor and having as members the Mayors, the state directors of the various ministries and representative s of the legislators elected by the State to the National Assembly, as well as representatives from the Legislative Council, the municipal councils and organized communities, including native communities where they exist. This Council shall function and be organized as determined by law.

Are revenues of the States:

1. Those deriving from their property and the management of their assets.
2. Charges for the use of their goods and services, fines and penalties, and any charges allocated to them.
3. Proceeds from the sale of State-owned commodities.
4. Subsidiary unit government
   The resources to which they are entitled by virtue of constitutional revenue share.

   The revenue share is equivalent to up to 20% of total ordinary revenues as estimated annually by the National Treasure, which is to be distributed among the States and the Capital District as follows: 30% of the aforementioned percentage in equal shares, and the remaining 70% in proportion to the population of each of such entities.

   During each fiscal year, the States must invest at least 50% of the amount to which they are entitled by way of revenue share. During each fiscal year, the Municipalities of each State shall be entitled to at least 20% of the revenue share and of all other ordinary revenues of the State corresponding.

   In the event of changes in the revenues of the National Treasury that require an adjustment to the National Budget, the constitutional revenue share shall be adjusted in the same proportion.

   Principles, rules and procedures with a view to ensure the proper and efficient use of the resources deriving from the constitutional revenue share and the share of the Municipalities therein shall be established by law.

5. Any other taxes, charges and special contributions that may be allocated to them by national law for the purpose of helping to develop the state treasuries.

   Laws creating or transferring tax revenues to the States may offset these allocations by means of changes in the other revenue categories indicated in this article, in order to preserve inter-territorial fairness. The percentage of estimated ordinary national revenues allocated to the constitutional revenue share shall be no less than 15% of estimated ordinary revenues, taking into account the financial position and sustainability of the National Public Treasury, without neglecting the ability of the state administrative authorities to provide adequately for the services for which they are responsible.

6. Resources deriving from the Inter-territorial Compensation Fund and from any other transfer, subsidy or special appropriation, as well as those allocated to them as a share of national tax revenues, in accordance with the pertinent law.

Municipalities constitute the primary political unit in the organization of the nation, and enjoy artificial personality and autonomy within the limits prescribed by the Constitution and the law.

Municipal autonomy includes:

1. Election of municipal authorities.
2. Management of affairs within the scope of its competence.
3. Creation, collection and investment of its revenues.

The actions of a Municipality within the scope of its competence shall be carried out by incorporating citizen participation into the process of defining and managing public affairs and monitoring and evaluating the results achieved, in an effective, sufficient and timely manner, in accordance with law.

The actions of Municipalities may be contested only before the courts of competent jurisdiction, in accordance with the Constitution and the law.

The organization of Municipalities and other local entities shall be governed by this Constitution, by the rules established by national organic laws to implement constitutional principles, and by such provisions of law as may be enacted by the States in accordance with the aforementioned.

Legislation enacted to implement constitutional principles relating to Municipalities and other local entities shall establish various structures for the organization, governance and administration of the same, including as regards the determination of their powers and resources, taking into account conditions relating to population, economic development, ability to generate their own tax revenues, geographical location, historical and cultural elements and other relevant factors. In particular, such legislation shall establish the options for organizing the system of local administration and government that shall be adopted by Municipalities with native populations. In all cases, the municipal structure shall be democratic and consistent with the inherent nature of local government.

Municipalities shall be permitted to associate in commonwealths, or to agree among themselves or with other territorial political divisions on the creation of types of intergovernmental associations for purposes in the public interest relating to matters within their competence. The rules concerning the grouping of two or more Municipalities into districts shall be determined by law.

When two or more Municipalities belonging to the same federal organ have economic, social and physical relations that give the group the characteristics of a metropolitan area, they may organize themselves as metropolitan districts. The organic law enacted for the purpose shall guarantee the democratic and participatory character of the metropolitan government and shall establish its functional competence, as well as its tax, financial and control regime. It shall also ensure that the Municipalities have adequate participation in the entities of the metropolitan government, and shall indicate the manner in which the public consultations that are to decide upon affiliation of the Municipalities with the metropolitan district.

Various regimes may be established by law for the organization, governance and administration of the metropolitan district, taking into account population conditions, economic and social development, geographical location and other factors of importance. In all cases, the delegation of competence for each metropolitan district shall take into account these conditions.

The state Legislative Council, after a favorable decision by public consultation of the affected population, shall define the boundaries of the metropolitan district and shall organize the same in accordance with the provisions of the national organic law, determining which metropolitan powers are to be assumed by the governmental organs of the pertinent metropolitan district.

When the Municipalities wishing to form a metropolitan district belong to different federal entities, the creation and organization of the same shall be the responsibility of the National Assembly.

A Municipality shall have the power to create parishes on such terms as may be determined by law. The legislation enacted to implement constitutional principles relating to the organization of Municipalities shall establish the premises and conditions for the creation of other local entities within the territory of the Municipality, as well as the resources that shall be available to them, depending on the functions assigned to them, including their share in the Municipality’s own revenues. Their creation shall take into account neighborhood or community initiative, in order to provide for the decentralization of the administration of the Municipality, citizen participation and the providing of better public services. In no event shall parishes be assumed to be the only possible divisions, or to be required divisions, of the territory of a Municipality.

The government and administration of the Municipality corresponds to the mayor [masculine] or mayor [feminine], who will also be the principal civil authority. To be mayor [masculine] or mayor [feminine] it is required to be Venezuelan [masculine] or Venezuelan [feminine], greater than twenty-five years old, and of secular estate. The mayor [masculine] or mayor [feminine] will be elected for a period of four years by the majority of the persons that vote, and may be re-elected.

The legislative function in a Municipality is vested in the Council, made up of council members elected in the manner established in this Constitution, in such number and on such terms of eligibility as may be determined by law.

The Office of the Municipal Comptroller shall be in charge of control, vigilance and auditing of municipal revenues, expenses and property, as well as transactions relating to the same, without prejudice to the scope of the attributions of the Office of the General Comptroller, and the official in charge of the office shall be the Municipal Comptroller, designated by the Council through a public competition to guarantee the capability and ability of the person designated to hold this office, on the terms established by law.

Principles, residence requirements and conditions, prohibitions, grounds for disqualification and conflicts of interest for the candidacy and exercise of the functions of mayors and councilmen members may be established by national law.

A Municipality has competence to govern and administrate its interests, as well as over the management of those matters which are assigned to it by this Constitution and national laws as regards local life, in particular the ordering and promotion of economic and social development, the equipping and providing of household public utility services, the application of policy with respect to these matters on a basis of fairness, justice and social interest content, according with delegation established on law related to this matter, the promotion of participation and improvement, in general, of living conditions in the community, in the following areas:

1. Territorial zoning and city planning matters; historic heritage; housing in the interest of society; local tourism; parks and gardens; plazas; bathing and other recreational areas; civil architecture, nomenclature and public ornament.
2. Urban roadways; circulation and ordering of vehicular and pedestrian traffic on municipal thoroughfares; urban public passenger transportation services.
3. Public spectacles and commercial advertising, to the extent pertinent to specific municipal interests and purposes.
4. Protection of the environment and cooperation with environmental sanitation efforts; urban and household sanitation, including cleaning, waste collection and treatment and civil protection.
5. Healthiness and primary health care; services for the protection of infants and children, adolescents and senior citizens; preschool education; family services to integrate the disabled into the development of the community; cultural and sports activities and facilities. Prevention and protective services; surveillance and control of property and activities relating to matters within municipal competency.
6. Drinking water services, electricity and gas for household use, sewers. channeling and disposal of wastewater; cemeteries and funeral services.
7. Small claims courts, neighborhood prevention and protection and municipal police services, in accordance with applicable national legislation.
8. Any others with which Municipalities may be charged under the Constitution and by law.

The actions that Municipalities have the power to take within the scope of their competence are without prejudice to national and state competence as defined by law in accordance with the Constitution.

Municipalities shall have the following revenues:

1. Those deriving from their capital assets, including the proceeds from their common lands and other property.
2. Charges for the use of their goods or services; administrative charges for licenses or authorizations; taxes on economic activities in the areas of industry, business and services, or those of similar kind, with the limitations established in this Constitution; taxes on urban real property, vehicles, public shows, games and lawful wagering; advertising and commercial publicity; and, the special tax on increased property values generated by changes in use or intensity of exploitation from which they benefit because of zoning plans.
3. The rural territorial tax or tax on rural estates; sharing in the tax on improvements and other national and state taxes, in accordance with the laws creating such taxes.
4. Those deriving from the constitutional revenue share and other national or state transfers or subsidies.
5. The proceeds from fines and penalties imposed within the scope of their competence, or delegated to them.
6. Such others as may be determined by law.

The taxing power that is vested in Municipalities is different from and independent of the regulatory powers over certain fields or activities conferred by this Constitution or laws on National or State Authority.

Immunities from the taxing power of Municipalities in favor of other territorial political entities extend only to public sector juridical persons created by such organs, and not to concession holders or other parties entering into contracts with the administrative arm of National or State government.

Municipal common lands are inalienable and not subject to the law of limitations. Title to them can be conveyed only subject to compliance with the formalities provided for under municipal ordinances and under the circumstances provided for thereunder, in accordance with this Constitution and such laws as may be promulgated to develop the principles container herein.

Ownerless land located within the urban area of towns in a municipality is municipal common land, without prejudice to legitimate and validly constituted rights of third parties. Vacant land located within the urban area also becomes common land. However, this does not include land which is part of native communities. The mechanism for converting other public land into common land shall be established by law.

The Local Public Planning Council is hereby created, presided over by the Mayor and consisting of municipal Council members, Chairpersons of Parish Boards and representatives of neighborhood organizations and other organized social groups, in accordance with such provisions as may be established by law.

States and Municipalities shall not have the power to:

1. Create customs authorities or import, export or transit duties on domestic or foreign goods, or on other revenue sources under national competence.
2. Tax consumer goods before the same are marketed within their territory.
3. Prohibit the consumption of goods produced outside their territory, nor tax the same differently from those produced within their territory.

States and Municipalities have the power to tax agriculture, livestock, fishing and forest activities only at the times, in the manner and to the extent permitted by national laws.

Open and flexible mechanisms shall be created by law to cause the States and Municipalities to decentralize and transfer to communities and organized neighborhood groups services the latter manage and demonstrate the ability to provide, promoting:

1. The transfer of services in the areas of health, education, housing, sports, culture, social programs, the environment, maintenance of industrial areas, maintenance and upkeep of urban areas, neighborhood prevention and protective services, construction of works projects and providing of public services. To this end, they shall have the power to enter into agreements, whose content shall be guided by the principles of interdependence, coordination, cooperation and shared responsibility.
2. Participation by communities and citizens, through neighborhood associations and nongovernmental organizations, in the formulation of investment proposals for presentation before the state and municipal authorities in charge of preparing the pertinent investment plans, as well as participation in the execution, evaluation and control of works projects, social programs and public services within their jurisdiction.
3. Participation in economic processes, stimulating manifestations of the social economy, such as cooperatives, saving funds, mutual funds and other forms of association.
4. Participation by workers and communities in the running of public sector business enterprises, through self-management and joint management methods.
5. Creation of community service enterprises, organizations and cooperatives as mechanisms to generate employment and social Welfare, providing for their permanent existence through the design of policies whereby these groups are given means of participating.
6. Creation of new decentralized organs at the parish, community, ward and neighborhood levels, with a view to guaranteeing the principle of shared responsibility in the public administration of local and state governments, and developing process of self-management and joint management in the administration and control of state and municipal public services.
7. Participation by communities in activities to establish closer ties with penal institutions and ties between the latter and the general population.

The Federal Council on Government is the organ charged with planning and coordination of policies and actions to develop the process of decentralization and transfer of powers from National Authority to the States and Municipalities. It shall be presided over by the Executive Vice-President and shall consist of the Cabinet ministers, the Governors, one Mayor from each State and representatives of organized society, in accordance, with law.

The Federal Council on Government shall have a Secretariat made up of the Executive Vice-President, two Ministers, three Governors and three Mayors. The Federal Council on Government shall have a dependency known as the Inter territorial Compensation Fund, intended for the purpose of financing public investments with a view to promoting the balanced development of regions, cooperation and complement among the development policies and initiatives of the various public territorial entities, and in particular supporting the providing of works projects and services in regions and communities with relatively low levels of development. The Federal Council on Government, based on regional unbalances, shall discuss and approve annually the resources to be allocated to the Inter-territorial Compensation Fund and the priority investment areas to which these resources are to be applied.

Electoral Power is exercised by the National Electoral Council as governing body, and by the latter’s subordinate organs, the National Board of Elections, the Civil Status and Voter Registration Commission and the Commission on Political Participation and Financing, with organization and functioning as established under the pertinent organic law.

The following are functions of Electoral Power:

1. To regulate election laws and resolve any doubts and unregulated areas raised by or contained in such laws.
2. To prepare its budget, concerning which it shall handle directly with the National Assembly, and which it shall manage autonomously.
3. To issue binding directives in the field of political and electoral advertising and financing, and impose penalties when such directives are not abided by.
4. To declare elections null and void, either in whole or in part.
5. Organization, administration, direction and vigilance of all acts relating to elections to fill public offices by popular vote, as well as referenda.
6. To organize elections for labor unions, professional associations and organizations pursuing political purposes, in accordance with applicable provisions of law. Electoral Power shall also have the power to organize electoral processes for other organizations in civil society, either at their request or by order of the Electoral Division of the Supreme Tribunal of Justice. The entities, organs and organizations concerned shall cover the costs of their election processes.
7. To maintain, organize, direct and supervise the Civil and Electoral Registry.
8. To organize the registration and enrollment of organizations pursuing a political purposes, and see that such organizations comply with the provisions governing their status, as set forth in the Constitution and law. In particular, Electoral Power shall decide on applications for the founding, renewal and cancellation of organizations for political purposes, the determination of their lawful authorities and provisional names, colors and symbols.
9. To control, regulate and investigate the funds raised to finance organizations for political purposes.
10. Such other functions as may be determined by law.

Electoral Power organs shall guarantee the equality, reliability, impartiality, transparency and efficiency of electoral processes, as well as implementation of the personalization of suffrage and proportional representation.

The organs comprising Electoral Power are governed by principles of organic independence, functional and budgetary autonomy, separation of the electoral organs from the political parties, impartiality and citizen participation, as well as decentralization of electoral administration, transparency and expeditiousness of the voting process and tallying of votes.

The Election Nominations Committee for candidates for membership seats on the National Electoral Council shall be made up of representatives of the various different sectors of society, as provided for by law.

The National Electoral Council shall consist of five members having no ties to organizations for political purposes; three of these shall be nominated by civil society, one by the schools of law and political science of the national universities, and one by the Citizen Power.

The three members nominated by civil society shall have six alternates in ordinal sequence, and each of the members designated by the universities and Citizen Power shall have respectively two alternates. The National Board of Elections, the Civil Status and Voter Registration Commission and the Commission on Political Participation and Financing shall each be presided over by a member designated by civil society. The members of the National Electoral Council shall hold office for seven years and shall be elected separately: the three nominated by civil society at the beginning of each term of office of the National Assembly , and the other two halfway through such term of office.

The members of the National Electoral Council shall be designated by a two thirds vote of the members of the National Assembly. The members of the National Electoral Council will designate their President among them in accordance with the Law.

The members of the National Electoral Council shall be subject to removal by the National Assembly, following a ruling of the Supreme Tribunal of Justice.

The contentious electoral jurisdiction shall be exercised by the Electoral Section of the Supreme Tribunal of Justice and any other Courts established by law.

The law regulating electoral process shall not be in any form modified in the period between the elections day and the preceding six months.

The economic regime of the Bolivarian Republic of Venezuela is based on the principles of social justice, democratization, efficiency, free competition, protection of the environment, productivity and solidarity, with a view to ensuring overall human development and a dignified and useful existence for the community. The State, jointly with private initiative, shall promote the harmonious development of the national economy, to the end of generating sources of employment, a high rate of domestic added value, raising the standard of living of the population and strengthen the economical sovereignty of the country, guaranteeing the reliability of the law; the solid, dynamic, sustainable, continuing and equitable growth of the economy to ensure a just distribution of wealth through participatory democratic strategic planning with open consultation.

National laws shall establish the conditions for the creation of functionally decentralized entities to carry out social or entrepreneurial activities, with a view to ensuring the reasonable economic and social productivity of the public resources invested in such activities.

The State reserves to itself the use of trade policy to protect the economic activities of public and private Venezuelan enterprises. Business enterprises, organs or persons of foreign nationality shall not be granted with regimes more advantageous than those established for Venezuelan nationals. Foreign investment is subject to the same conditions as domestic investment.

The State reserves to itself, through the pertinent organic law, and for reasons of national expediency, the petroleum industry and other industries, operations and goods and services which are in the public interest and of a strategic nature. The State shall promote the domestic manufacture of raw materials deriving from the exploitation of nonrenewable natural resources, with a view to assimilating, creating and inventing technologies, generating employment and economic growth and creating wealth and well-being for the people.

For reasons of economic and political sovereignty and national strategy, the State shall retain all shares of Petroleos de Venezuela, S.A. or the organ created to manage the petroleum industry, with the exception of subsidiaries, strategic joint ventures, business enterprises and any other venture established or coming in the future to be established as a consequence of the carrying on of the business of Petroleos de Venezuela, S.A.

All waters are property in the Nation’s public domain, essential to life and development. The necessary provisions shall be established by law to guarantee the protection, utilization, and recuperation thereof, respecting the phases of the hydrological cycle and zoning criteria.

The State shall promote sustainable agriculture as the strategic basis for overall rural development, and consequently shall guarantee the population a secure food supply, defined as the sufficient and stable availability of food within the national sphere and timely and uninterrupted access to the same for consumers. A secure food supply must be achieved by developing and prioritizing internal agricultural and livestock production, understood as production deriving from the activities of agriculture, livestock, fishing and aquiculture. Food production is in the national interest and is fundamental to the economic and social development of the Nation. To this end, the State shall promulgate such financial, commercial, technological transfer, land tenancy, infrastructure, manpower training and other measures as may be necessary to achieve strategic levels of self-sufficiency. In addition, it shall promote actions in the national and international economic context to compensate for the disadvantages inherent to agricultural activity.

The State shall protect the settlement and communities of non industrialized fishermen, as well as their fishing banks in continental waters and those close to the coastline, as defined by law.

The State shall promote conditions for overall rural development, for the purpose of generating employment and ensuring the rural population an adequate level of well-being, as well as their inclusion in national development. It shall likewise promote agricultural activity and optimum land use by providing infrastructure projects, supplies, loans, training services and technical assistance.

The predominance of large land estates is contrary to the interests of society. Appropriate tax law provisions shall be enacted to tax fallow lands and establish the necessary measures to transform them into productive economic units, likewise recovering arable land. Farmers and other agricultural producers are entitled to own land, in the cases and forms specified under the pertinent law. The State shall protect and promote associative and private forms of property in such manner as to guarantee agricultural production. The State shall see to the sustainable ordering of arable land to guarantee its food producing potential.

In exceptional cases, quasi-tax contributions shall be created to provide funds for financing, research, technical assistance, transfer of technology and other activities that promote the productivity and competitiveness of the agricultural sector. These matters shall be appropriately regulated by law.

The State shall protect and promote small and medium-sized manufacturers, cooperatives, savings funds, family owned businesses, small businesses and any other form of community association for purposes of work, savings and consumption, under an arrangement of collective ownership, to strength the country’s economic development, based on the initiative of the people. Training, technical assistance and appropriate financing shall be guaranteed.

Typical Venezuelan crafts and folk industries shall enjoy the special protection of the State, in order to preserve their authenticity, and they shall receive credit facilities to promote production and marketing.

Tourism is an economic activity in the national interest, and represents a high priority in the country’s strategy of diversification and sustainable development. As part of the foundation of the socioeconomic regime contemplated by this Constitution, the State shall promulgate measures to guarantee the development of tourism. The State shall see to the creation and strengthening of a national tourist industry.

National security is an essential competence and responsibility of the State, based on the overall development of the latter, and its defense is the responsibility of all Venezuelans, as well as of all public and private law natural and juridical persons within the geographical limits of Venezuela.

The National Defense Council is the highest consultative organ for planning and advising the Public Power as to matters relating to the overall defense of the Nation, its sovereignty and the integrity of its geographical space. To this end, it is also charged with establishing the Nation’s strategic concept. Presided over by the President of the Republic, it also includes the Executive Vice President, the President of the National Assembly, the Chief Justice of the Supreme Tribunal of Justice, the Chairman of the Republican Ethic Council and the Ministers of Defense, Internal Security, Foreign Relations and Planning, and any others whose participation may be deemed appropriate. The pertinent organic law shall determine the organization and attributions of the National Defense Council.

Only the State shall be permitted to possess and use weapons of war; any such weapons which now exist or are manufactured in or imported into the country shall become the property of the Republic, without compensation or proceedings. The National Armed Forces shall be the institution of competence to regulate and control, in accordance with the pertinent legislation, the manufacture, importing, exporting, storage, transit, registration, control, inspection, marketing, possession and use or other weapons, munitions and explosives.

The National Executive reserves the right to classify and control disclosure of matters directly relating to the planning and execution of operations concerning national security, on such terms as may be established by law.

National security is based on shared responsibility between the State and civil society to implement the principles of independence, democracy, equality, peace, freedom, justice, solidarity, promotion and conservation of the environment and affirmation of human rights, as well as on that of progressively meeting the individual and collective needs of Venezuelans, based on a sustainable and productive development policy providing full coverage for the national community. The principle of shared responsibility applies to the economic, social, political, cultural, geographical, environmental and military spheres.

Attention to borders is a priority matter in the enforcement and application of national security principles. To this end, a border security belt is established, with width, special economic and social regimes, settlement and utilization. shall be regulated by law, with special protection for national parks and other areas under special administrative arrangements, as well as the habitat of the native people settled in the areas concerned.

The National Armed Forces constitute an essentially professional institution, with no political orientation, organized by the State to guarantee the independence and sovereignty of the Nation and ensure the integrity of its geographical space, through military defense, cooperation for the purpose of maintaining internal order and active participation in national development, in accordance with this Constitution and the law. In performing their functions, they are at the exclusive service of the Nation, and in no case at the service of any person or political partisanship. The pillars on which they are founded are discipline, obedience and subordination. The National Armed Forces consist of the Army, the Navy, the Air Force and the National Guard, which function in an integrated manner within the scope of their competence to fulfill their mission, with their own overall Social Security system, as established under the pertinent organic law.

The Army, Navy and Air Force have as their essential responsibility the planning, execution and control of military operations as required to ensure the defense of the Nation. The National Guard shall cooperate in the carrying out of these operations, and shall have as its basic responsibility that of conducting operations as required to maintain internal order within the country. The National Armed Forces shall carry out activities of administrative policing and criminal investigation activities as provided for by law.

Members of the National Armed Forces on active duty have the right to vote in accordance with law, but are not permitted to run for any office filled by popular vote, nor to participate in acts of political advertising, militancy or proselytizing.

Military promotions shall be in accordance with merit, hierarchy and vacancies. They are the exclusive prerogative of the National Armed Forces, and shall be regulated by the pertinent law.

The National Executive, in accordance with law, to maintain, and restore public order; protect citizens, homes and families; support the decisions of the competent authorities and ensure the peaceful enjoyment of constitutional guarantees and rights, shall organize:

1. A uniformed national police corps.
2. A scientific, criminal and criminological investigation corps.
3. A civilian fire department and emergency management corps.
4. A civil defense and disaster management organization.

Organs of civilian security are of civil nature and shall respect human dignity and human rights, without discrimination of any kind.

The functions of the civilian security organs constitute a concurrent competence with those of the States and Municipalities, on the terms established in this Constitution and the law.

This Constitution shall not cease to be in effect if it ceases to be observed due to acts of force or because or repeal in any manner other than as provided for herein.

In such eventuality, every citizen, whether or not vested with official authority, has a duty to assist in bringing it back into actual effect.

All of the judges of the Republic, within their respective spheres of competence and in accordance with the provisions of this Constitution and law, are obligated to ensure the integrity of the Constitution.

In the event of incompatibility between the Constitution and a law or other juridical provision, the provisions of the Constitution shall prevail, being the responsibility of the courts to rule accordingly in any case, even ex officio.

The Constitutional Division of the Supreme Tribunal of Justice, as court of constitutional competence, shall have the exclusive power to declare the nullity of laws and other acts of organs exercising Public Power which are issued by way of direct and immediate implementation of the Constitution or have the status of law.

The Supreme Tribunal of Justice shall guarantee the supremacy and efficacy of constitutional rules and principles; it shall be the supreme and ultimate interpreter of the Constitution and shall see to the uniform interpretation and application of the same. Interpretations established by the Constitutional Division concerning the contents or scope of constitutional rules and principles are binding on the other division of the Supreme Tribunal of Justice and on all of the other courts of the Republic.

The following are functions of the Constitutional Division of the Supreme Tribunal of Justice:

1. To declare the nullity, in whole or in part, of national laws and other acts of National Assembly with the force of law, which are in conflict with this Constitution.
2. Federal review of subnational legislation
   To declare the nullity, in whole or in part, of state Constitutions and laws, municipal ordinances and other acts of the deliberating bodies of the States and Municipalities which are issued by way of direct and immediate implementation of the Constitution and are in conflict with the same.
3. To declare the nullity, in whole or in part, of acts of the National Executive with the force of law, which are in conflict with this Constitution.
4. To declare the nullity, in whole or in part, of acts issued by way of direct and immediate implementation of the Constitution by any other government organ exercising Public Power.
5. Legal status of treaties
   To verify, at the request of the President of the Republic or the National Assembly, the constitutionality of international treaties signed by the Republic, prior to ratification of the same.
6. Head of state decree power
   To review in all cases, even ex officio, the constitutionality of decree of the President of the Republic decreeing states of exception.
7. To declare the unconstitutionality of omissions on the part of the municipal, state, national or legislatures, in failing to promulgate rules or measures essential to guaranteeing compliance with the Constitution, or promulgating it in an incomplete manner; and to establish the time limit and, where necessary, guidelines for correcting the deficiencies.
8. To resolve any conflicts existing between different provisions of law, and declare which of the same must prevail.
9. To resolve constitutional controversies arising between any of the organs of Public Power.
10. Right to amparo
    To review judgments embodying constitutional protective orders or control on the constitutionality of laws or juridical rules, handed down by the courts of the Republic, on the terms established by the pertinent organic law.
11. Any other functions established by this Constitution or by law.

The President of the Republic, at a meeting of the Cabinet of Ministers, shall have the power to decree states of exception. Expressly defined as such are circumstances of a social, economic, political, natural or ecological nature which seriously affect the security of the Nation, institutions and citizens, in the face of which the powers available to cope with such events are insufficient. In such case, the guarantees contained in this Constitution may be temporarily restricted, with the exception of those relating to the right to life, prohibition of incommunicative detention or torture, the right to due process, the right to information and other intangible human rights.

A state of alarm may be declared when catastrophes, public calamities or other similar events occur, seriously endangering the security of the Nation or its citizens. Such state of exception shall last for up to 30 days, and may be extended for an additional 30 days.

A state of economic emergency may be declared when extraordinary economic circumstances arise, such as to affect seriously the economic life of the Nation. The duration of this state of emergency shall be 60 days, with the possibility of extension for the same period.

A state of internal or external commotion may be declared in the event of an internal or external conflict seriously endangering the security of the Nation, its citizens or its institutions. Such state of commotion shall last for up to 90 days, and may be extended for an additional 90 days.

The National Assembly has the responsibility of the approval for the extension of the states of exemption. An organic law shall regulate states of exception and determine the measures that may be adopted based on them.

The Decree declaring a state of exception, which shall provide for regulating the right whose guarantee is restricted, shall be submitted within eight days of promulgation for consideration and approval by the National Assembly, or Delegated Committee and for a ruling by the Constitutional Division of the Supreme Tribunal or Justice on its constitutionality. The Decree must be in compliance with the requirements, principles and guarantees established in the International Pact on Civil and Political flights and the American Convention on Human Rights. The President of the Republic shall have the power to request its extension for a similar period, and the Decree shall be revoked by the National Executive or by the National Assembly or the latter’s Delegated Committee prior to the indicated date of expiration upon cessation of the conditions which produced them.

The declaration of a state of exception does not interrupt the functioning of the organs of the Public Power.

The purpose of an amendment is to add to or modify one or more articles of the Constitution, without altering the fundamental structure of the same.

The procedure for adopting amendments to the Constitution shall be as follows:

1. The initiative may emanate from 15% of the citizens registered with the Civil and Electoral Registry, from 39% of the members of the National Assembly or from the President of the Republic, sitting with the Cabinet of Ministers.
2. When the initiative emanates from the National Assembly, the amendment shall require approval by a majority of the members of that body, and shall be debated in accordance with the procedure established under this Constitution for the enactment of laws.
3. Electoral Power shall submit the amendments to a referendum within 30 days of formally receiving the same.
4. Amendments shall be deemed approved in accordance with the provisions of this Constitution and the law concerning the approval referendum.
5. Amendments shall be numbered consecutively and shall be published beneath the Constitution without altering the text of the latter, but with an annotation at the bottom of the amended article(s) of the number and date of the amendment modifying the same.

The purpose of constitutional reform is to effect a partial revision of this Constitution and replacement of one or more of the provisions hereof, without modifying the fundamental principles and structure of the text of the Constitution.

The initiative for a constitutional reform emanates from the National Assembly, by resolution approved by a majority vote of the members, from the President of the Republic sitting with the Cabinet of Ministers, or at the request of registered voters constituting at least 15% of the total number registered with the Civil and Electoral Registry.

The initiative for a constitution reform shall be processed by the National Assembly as follows:

1. The draft constitutional reform shall be debated for the first time during the legislative session during which it is submitted.
2. Second debate title by title or chapter by chapter, as applicable.
3. Third and last debate article by article.
4. The National Assembly shall approve the draft constitutional reform in a time period no later than two years, counted since the date the reform application was submitted and approved.
5. The draft constitutional reform shall be approved with a two third members vote of the National Assembly.

Once approved by the National Assembly, the draft constitutional reform shall be submitted to a referendum within 30 days from its approval. The referendum shall pass on the reform as a whole, but up to one third of the same may be voted on separately, if at least one third of the National Assembly so agrees, or if in the initiative for the reform, the President of the Republic or a number of registered voters equivalent to at least 5% of the total registered with the Civil and Electoral Registry so requests.

The constitutional reform shall be declared approved if the number of affirmative votes is greater than the number of negative votes. A revised constitutional reform initiative may not be submitted during the same constitutional term of office of the National Assembly.

The President of the Republic shall be obligated to promulgate Amendments and Reforms within ten days of their approval. If he fails to do so, the applicable provisions of this Constitution shall apply.

The original constituent power rests with the people of Venezuela. This power may be exercised by calling a National Constituent Assembly for the purpose of transforming the State, creating a new juridical order and drawing up a new Constitution.

The initiative for calling a National Constituent Assembly may emanate from the President of the Republic sitting with the Cabinet of Ministers; from the National Assembly, by a two thirds vote of its members; from the Municipal Councils in open session, by a two-thirds vote of their members; and from 15% of the voters registered with the Civil and Electoral Registry.

The President of the Republic shall not have the power to object to the new Constitution. The existing constituted authorities shall not be permitted to obstruct the Constituent Assembly in any way. For purposes of the promulgation of the new Constitution, the same shall be published in the Official Gazette of the Republic of Venezuela or in the Gazette of the Constituent Assembly.

The people of Venezuela, true to their republican tradition and their struggle for independence, peace and freedom, shall disown any regime, legislation or authority that violates democratic values, principles and guarantees or encroaches upon human rights.