PART I. FUNDAMENTAL PRINCIPLES TITLE I. THE REPUBLIC Article 1. Republic of Cape Verde Article 2. A State of Democratic Law Article 3. Sovereignty and Constitutionalism Article 4. The Exercise of Political Power Article 5. Citizenship Article 6. The Territory Article 7. Duties of the State Article 8. National Symbols Article 9. The Capital of the Republic TITLE II. INTERNATIONAL RELATIONS AND INTERNATIONAL LAW Article 10. International Relations Article 11. Recognition of Treaties and Accords within the Internal Judicial Order Article 12. Adhering to and Withdrawing from International Treaties and Agreements Article 13. Simple Agreements PART II. RIGHTS AND DUTIES OF CITIZENS TITLE I. GENERAL PRINCIPLES Article 14. Recognition of the Inviobility of Rights, Liberties and Guarantees Article 15. Responsibility of Public Entities Article 16. The Scope and Meaning of Rights, Liberties and Guarantees Article 17. Legal Enforcement Article 18. The Right to Resist Article 19. Protection of Rights, Liberties and Guarantees Article 20. Access to the Courts Article 21. The Principle of Universality Article 22. The Principle of Equality Article 23. Foreigners and Expatriates Article 24. Regulation of Rights, Liberties and Guarantees Article 25. Suspension of Rights, Liberties and Guarantees TITLE II. RIGHTS, LIBERTIES AND GUARANTEES CHAPTER I. INDIVIDUAL RIGHTS, LIBERTIES AND GUARANTEES Article 26. The Right to Life and to Physical and Mental Integrity Article 27. The Right to Liberty Article 28. The Right to Liberty and Personal Security Article 29. Preventive Detention Article 30. Application of Criminal Law Article 31. Prohibition of Perpetual or Unlimited Imprisonment Article 32. Effects of Penalties and Security Measures Article 33. Principles of Penal Process Article 34. Habeas Corpus Article 35. Extradition and Expulsion Article 36. The Right to Asylum Article 37. The Right to Nationality Article 38. The Right to Identity, to a Name, and Reputation Article 39. The Right to Choose A Profession and to Try for Public Office Article 40. Inviolability of the Domicile Article 41. Inviolability of Correspondence and Telecommunications Article 42. Utilization of Computer Records Article 43. Access to Data Article 44. Marriage and Children Article 45. Freedom of Expression and Information Article 46. Freedom of the Press Article 47. The Right to Airtime, Response and Political Reply Article 48. Freedom of Conscience, Religion and Worship Article 49. Freedom to Learn, to Train, and to Teach Article 50. Freedom to Leave the Nation and to Emigrate Article 51. Freedom of Association Article 52. Freedom of Assembly and Demonstration Article 53. Freedom to Create Intellectual, Artistic and Cultural Works CHAPTER II. RIGHTS, LIBERTIES, AND GUARANTEES IN POLITICAL PARTICIPATION Article 54. Participation in Public Life Article 55. Participation in the Right to Aspire to Public Office Article 56. Political Parties Article 57. The Right to Petition, Complaints and Grievances CHAPTER III. RIGHTS, LIBERTIES, AND GUARANTEES OF WORKERS Article 58. The Right to Work, to Welfare, to Holidays, and to Material Assistance Article 59. The Right to Compensation and to Security of Employment Article 60. National Minimum Salary and Maximum Limit to Working Hours Article 61. Freedom of Professional and Trade Associations Article 62. Freedom of Membership in Trade Unions Article 63. Rights of Unions and of Professional Associations Article 64. The Right to Strike and Prohibition of Lock-Out TITLE III. ECONOMIC, SOCIAL AND CULTURAL RIGHTS AND DUTIES Article 65. Private Economic Initiative Article 66. The Right to Private Property Article 67. The Right to Social Security Article 68. Health Article 69. Housing Article 70. Environment Article 71. Youth Article 72. Rights of the Handicapped and the Elderly TITLE IV. SOCIAL RIGHTS Article 73. Education Article 74. Educational Policy Article 75. Public, Private and Cooperative Education Article 76. Participation in Education Article 77. Education and Culture Article 78. Physical Education and Sports Article 79. Consumerism TITLE V. DUTIES Article 80. General Duties Article 81. Duty not to Discriminate Article 82. Duties to the Community Article 83. Duties to the State TITLE VI. THE FAMILY Article 84. Protection by Society and by the State Article 85. Obligations of the State Article 86. Paternity and Maternity Article 87. Childhood PART III. ECONOMIC, FINANCIAL AND FISCAL ORGANIZATION TITLE I. THE ECONOMIC SYSTEM Article 88. General Principles Article 89. Foreign Investment Article 90. Coexistence of Economic Sectors Article 91. Public Domain Article 92. Plans TITLE II. FINANCIAL AND FISCAL SYSTEM Article 93. Financial System Article 94. Bank of Cape Verde Article 95. Fiscal System Article 96. Prohibition Against Retroactivity of Tax Laws Article 97. Budget Article 98. Presentation of the Budget Article 99. Execution of the Budget PART IV. THE EXERCISE AND ORGANIZATION OF POLITICAL POWER TITLE I. FORMS OF EXERCISE OF POLITICAL POWER CHAPTER I. GENERAL COMMON PRINCIPLES Article 100. Election Registration Article 101. Jurisdiction Over the Election Process Article 102. Election Law Article 103. Election Campaigns Article 104. Supervision of Election Operations Article 105. Secrecy and Singularity of the Vote Article 106. Election Districts Article 107. Voters Living Abroad CHAPTER II. THE REFERENDUM Article 108. General and Common Principles Article 109. National Referenda Article 110. Local Referenda CHAPTER III. SUFFRAGE SECTION I. GENERAL PRINCIPLES Article 111. Exercise of Political Power Through Suffrage Article 112. Conversion of Votes Article 113. Presentation of Candidates Article 114. Immunity of Candidates Article 115. Elections Article 116. Equal Treatment SECTION II. ELECTION OF THE PRESIDENT OF THE REPUBLIC Article 117. Election Article 118. Eligibility Article 119. Candidates Article 120. Date of Election Article 121. Election Procedures SECTION III. ELECTION OF DEPUTIES TO THE NATIONAL ASSEMBLY Article 122. Voting for Lists Article 123. Distribution of Seats According to Lists Article 124. Conditions of Eligibility CHAPTER IV. POLITICAL PARTIES Article 125. Relationship between Parties and Denominations Article 126. Prohibition of Parties with Regional or Local Objectives Article 127. Barring of Parties Article 128. Benefits PART V. ORGANIZATION OF POLITICAL POWER TITLE I. GENERAL AND COMMON PRINCIPLES Article 129. Creation of National Sovereign Bodies Article 130. Principle of Separation and Interdependence of Powers Article 131. Enumeration of National Bodies Article 132. Publication of Meetings Article 133. Quorum and Relative Majority Article 134. Principles of Renewal Article 135. Responsibilities of Office Holders Article 136. Rights, Privileges and Immunities TITLE II. THE PRESIDENT OF THE REPUBLIC CHAPTER I. DEFINITION, TERM AND POWER Article 137. Definition Article 138. Term of Office Article 139. Oath of Office Article 140. Resignation from Office CHAPTER II. STATUS Article 141. Incompatibilities Article 142. Absence from National Territory Article 143. Temporary Substitution Article 144. Criminal Responsibility Article 145. Preventive Detention Article 146. Re-eligibility CHAPTER III. AUTHORITY Article 147. Jurisdiction of the President of the Republic Article 148. Jurisdiction of the President of the Republic Regarding International Relations Article 149. Veto Article 150. Promulgation and Referring Article 151. Acts of the Interim President of the Republic TITLE III. THE NATIONAL ASSEMBLY CHAPTER I. DEFINITION, COMPOSITION AND DISSOLUTION Article 152. Definition Article 153. Composition Article 154. Election to the National Assembly Article 155. Dissolution Article 156. Prohibition against Dissolution CHAPTER II. ORGANIZATION Article 157. Composition of the Executive Board Article 158. Subsistence of the Executive Board Article 159. Commissions Article 160. Permanent Commission Article 161. Parliamentary Groups CHAPTER III. FUNCTIONING Article 162. Legislature Article 163. Legislative Sessions Article 164. Meeting on the Appropriate Dates Article 165. First Meeting After Elections Article 166. Special Sessions Article 167. Agenda Article 168. Participation of the Government in Activities of the National Assembly CHAPTER IV. LAWMAKING SECTION I. INITIATIVE FOR LAWS AND REFERENDA Article 169. Initiative of Law of Referendum Article 170. Passage of and Lapsing of Motions and of Referenda Questions Article 171. Initiative of Resolutions and Motions SECTION II. DISCUSSION AND VOTING Article 172. Discussion and Vote Article 173. Qualifying Majority CHAPTER V. THE STATUS OF DEPUTIES Article 174. Nature and Goals of Representatives Article 175. Beginning of Term of Office Article 176. Incompatibilities Article 177. Exercising the Duties of a Deputy Article 178. Laws and Regulations Regarding Deputies Article 179. Powers of the Deputies Article 180. Duties of the Deputies Article 181. Immunities Article 182. Loss of Mandate CHAPTER VI. AUTHORITY OF THE NATIONAL ASSEMBLY SECTION I. ORGANIZATIONAL AND FUNCTIONAL AUTHORITY Article 183. Organizational/Functional Jurisdiction of the National Assembly Article 184. Authority of the President Article 185. Authority of Commissions and Parliamentary Groups SECTION II. LEGISLATIVE AND POLITICAL AUTHORITY Article 186. General Legislative Authority Article 187. Exclusive Reserved Legislative Authority Article 188. Reserved Relative Legislative Authority Article 189. Relative Authority over the Budget, Plans and Accounting Article 190. Approval of Treaties Article 191. Political Authority Article 192. Authority in Relation to Other Organs Article 193. Regulation of Legislative Authorization Article 194. Emergency Procedures Article 195. Ratification of Legislative Decrees TITLE IV. THE GOVERNMENT CHAPTER I. FUNCTION, POLITICAL RESPONSIBILITY, COMPOSITION AND ORGANIZATION SECTION I. FUNCTION AND RESPONSIBILITY Article 196. Function Article 197. Responsibility of the Government SECTION II. COMPOSITION AND ORGANIZATION Article 198. Composition Article 199. Council of Ministers Article 200. Special Councils of Ministers Article 201. Organization of the Ministers and Secretaries of State Article 202. Replacements CHAPTER II. COMMENCEMENT AND TERMINATION OF DUTIES Article 203. Commencement and Termination of Duties of the Government Article 204. Commencement and Termination of Duties of Members of the Government Article 205. Governing over Management CHAPTER III. FORMATION AND COMPENSATION OF THE GOVERNMENT SECTION I. FORMATION Article 206. Formation Article 207. Collective Responsibility of Members of the Government Article 208. Elaborating the Government’s Program Article 209. Approval of the Government’s Program by the National Assembly SECTION II. POLITICAL AND CRIMINAL RESPONSIBILITY OF MEMBERS OF THE GOVERNMENT Article 210. Political Responsibility of Members of the Government Article 211. Criminal Responsibility of Members of the Government SECTION III. MOTIONS OF CONFIDENCE AND OF CENSURE AND THE RESIGNATION OF THE GOVERNMENT Article 212. Motion of Confidence Article 213. Motion of Censure Article 214. Dismissal of the Government CHAPTER IV. AUTHORITY OF THE GOVERNMENT Article 215. Political Jurisdiction Article 216. Legislative Jurisdiction Article 217. Administrative Jurisdiction Article 218. Jurisdiction Regarding International Relations Article 219. Jurisdiction of the Prime Minister Article 220. Jurisdiction of Ministers and Secretaries of State TITLE V. JUDICIAL POWER CHAPTER I. GENERAL PRINCIPLES Article 221. Jurisdictional Duties Article 222. Principle of Jurisdictional Unity Article 223. Exercise of Jurisdictional Power Article 224. Holders of Jurisdictional Power Article 225. Recognition of Unconstitutionality Article 226. Publication of Sessions Article 227. Provisions CHAPTER II. ORGANIZATION OF THE COURTS Article 228. Categories of Tribunals Article 229. Supreme Court of Justice Article 230. Composition Article 231. Requirements for Eligibility Article 232. Election Article 233. Oath of Office Article 234. Term of Office Article 235. Appointment and Substitutions for the President of the Supreme Court of Justice Article 236. Cessation of Duties Article 237. Jurisdiction Article 238. Authority Relative to the Electoral Process and to the Organization of Political Parties Article 239. Courts of First Resort Article 240. Military Courts Article 241. Court of Accounts CHAPTER III. STATUS OF JUDGES Article 242. Judicial Magistracy Article 243. Guarantees of Judges Article 244. Appointment, Placement, Transfer and Promotion Article 245. Intercommunications Article 246. Superior Council of Magistrates CHAPTER IV. THE PUBLIC PROSECUTOR’S OFFICE Article 247. Status and Duties Article 248. Appointment, Placement, Promotion and Transfer Article 249. Attorney General of the Republic Article 250. Intercommunication CHAPTER V. LAWYERS Article 251. Duties and Guarantees Regarding Lawyers TITLE VI. LOCAL POWER Article 252. Territorial Organization of the State Regarding Local Government Units Article 253. Categories of Autonomous Local Government Units Article 254. Solidarity Article 255. Patrimony and Finances of Local Governmental Entities Article 256. Organization of Local Governmental Entities Article 257. Regulatory Power Article 258. Supervision Article 259. Personnel of Local Governmental Entities Article 260. Duties and Organization of Autonomous Local Governmental Entities Article 261. Associations of Local Governmental Entities TITLE VII. PUBLIC ADMINISTRATION Article 262. Fundamental Objective Article 263. Public Office Article 264. Duty of Obedience Article 265. Responsibility of Civil Servants and Agents Article 266. Policy Article 267. Rights and Guarantees of Citizens before the Administration TITLE VIII. NATIONAL DEFENSE Article 268. National Defense Article 269. Armed Forces Article 270. Missions of the Armed Forces Article 271. Military Service Article 272. Restrictions in the Exercise of Rights Article 273. Guarantee to Citizens who Participate in Military Service Article 274. Superior Council of National Defense TITLE IX. AUXILIARY BODIES CHAPTER I. THE COUNCIL OF THE REPUBLIC Article 275. Definition and Composition Article 276. Term and Office Article 277. Jurisdiction Article 278. Meetings Article 279. Effects of Resolutions of the Council of the Republic Article 280. Form and Publication of Deliberations CHAPTER II. THE COUNCIL FOR REGIONAL AFFAIRS Article 281. Composition Article 282. Jurisdiction TITLE X. FORM AND HIERARCHY OF LAWS CHAPTER I. ACTS OF THE PRESIDENT OF THE REPUBLIC Article 283. Presidential Decrees CHAPTER II. THE FORM OF LEGISLATIVE AND NORMATIVE ACTS Article 284. Legislative Acts Article 285. Legislative Acts of the Government Article 286. Limitations on Legislative Acts Article 287. Regulations Article 288. Regulation CHAPTER III. RESOLUTIONS AND MOTIONS Article 289. Resolutions of the National Assembly and of the Government Article 290. Motions CHAPTER IV. HIERARCHY AND PUBLICATION Article 291. Hierarchy of Laws Article 292. Publication PART V. GUARANTEES OF DEFENSE AND REVISION OF THE CONSTITUTION TITLE I. MARTIAL LAW AND STATES OF EMERGENCY Article 293. Martial Law Article 294. State of Emergency Article 295. Establishment and Duration Article 296. Prohibition of Dissolution of the National Assembly Article 297. Subsistence of Certain Fundamental Rights Article 298. Authority of National Bodies Article 299. Prolongation of Offices of Elected Officials and Prohibition Against Holding Elections TITLE II. VERIFICATION OF CONSTITUTIONALITY Article 300. Dealing with Unconstitutionality Article 301. Review for Constitutionality Article 302. Effects of A Decision Article 303. Abstract Review of Constitutionality Article 304. Concrete Review of Constitutionality Article 305. Establishing Constitutional Legality Through Appeal Article 306. Forms of Decisions of the Constitutional Court Article 307. Effects of Rulings and Opinions Article 308. Effects of a Declaration of Unconstitutionality TITLE III. REVISION OF THE CONSTITUTION Article 309. Jurisdiction, Timing and Initiative of Constitutional Revision Article 310. Bills for Constitutional Revision Article 311. Approval of Revisions Article 312. New Constitutional Text Article 313. Material Limits to Revision Article 314. Promulgation Article 315. Prohibition Against Revision PART VI. FINAL AND TEMPORARY PROVISIONS Article 316. Maintenance of Office Article 317. Preceding Legislation Article 318. Appointment of Officials of Public Bodies by the President of the Republic Article 319. Appointment of Officials of Political or Public Bodies by the National Assembly Article 320. Election of Judges to the Superior Council of Magistrates Article 321. Meeting of the Superior Council of Magistrates Article 322. Cessation of Duties
The President of the Republic, the Deputies in the National Popular Assembly, and local officeholders shall remain in office until the end of their respective terms, whose duration shall be that established by the Constitution or the law in force on the date of their respective elections.
Rights which precede the Constitution shall continue, provided they are not contrary to the Constitution and the principles established in it.
The President of the Republic, within ninety days from the date on which this Constitution takes effect, shall appoint, upon nomination by the Government, the Attorney General of the Republic, the President of the Court of Accounts, and the Commander of the Armed Forces.
The President of the Republic shall also appoint one judge of the Supreme Court of Justice, two members of the Council of the Republic, and two members of the Superior Council of Magistrates.
The National Assembly, within ninety days from the date on which the Constitution takes effect, shall meet to elect one judge of the Supreme Court of Justice, two members of the Council of the Republic, and three members of the Superior Council of Magistrates.
Judges shall elect two of their peers to the Superior Council of Magistrates within ninety days from the date on which the Constitution takes effect.
The Superior Council of Magistrates shall meet within 120 days from the date on which the Constitution takes effect to designate not fewer than three judges to the Supreme Court of Justice.
On the date this Constitution takes effect, the current judges of the Supreme Court of Justice shall cease their duties, upon the installation of the judges designed under the provisions of this Constitution.
The current President of the Supreme Court of Justice shall continue, until the installation of the officer appointed under the provisions of this Constitution, to exercise all functions attributed by this Constitution to the President of the Supreme Court of Justice.
The current Attorney General of the Republic shall cease his duties upon the installation of the Attorney General appointed under the provisions of this Constitution.
The current President of the Court of Accounts shall cease his duties upon the installation of the President appointed under the provisions of this Constitution.
The current Commander of the Armed Forces shall cease his duties upon the installation of the Commander of the Armed Forces under the provisions of this Constitution.
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