| URUGUAY Oriental Republic of Uruguay Republica Oriental del Uruguay Joined United Nations: 18 December 1945 Human Rights as assured by their constitution Updated 11 August 2012 |
I CAPITULATE III
Art. 5. All the religions are free in Uruguay. State does not maintain religion some. It recognizes the Church Catholic the dominion of all
the temples that have been total or partially constructed with funds of the National State Treasury, excepting only the chapels destined to
the service of asylums, hospitals, jails or other establishments public. It declares, also, exemption of all class from taxes to the temples
consecrated to the cult of the diverse religions.
I CAPITULATE IV
Art. 6. In the international treaties that celebrate Republic will propose the clause of which all the differences that they forge between the
contracting parts, will be decided by pacific arbitration or other means. The Republic will try social integration and economic of the
Latin American States, specially in that one talks about to the common defense of his products and matters premiums. Also, she will
prorate to the effective completion of his public services.
SECTION II
RIGHTS, DUTIES AND GUARANTEES
I CAPITULATE I
Art. 7. The inhabitants of the Republic have the right to be free in the enjoyment of their life, honor, freedom, security, work and
property. Nobody can be excluded of these rights except according to the laws that will occur for reasons of general need.
Art. 8. All the people are equal before the law, recognizing no distinction among them except but for their talents or virtues.
Art. 9. The establishment of nobility is prohibited. No authority of the Republic will be able to grant title of nobility, neither honors nor
hereditary distinctions.
Art. 10. The private actions of the people who attack the public order nor harms to third, are exempt of the authority of the magistrates.
No inhabitant of the Republic will be forced to do what is not proscribed by the law, nor unaware of what it does not prohibit.
Art. 11. The home is an asylum inviolable. At night nobody will be able to enter him without consent of its head, and by day, only of
express order of competent Judge, in writing and in the cases determined by the law.
Art. 12. Nobody can be punished nor be confined without due process and lawful sentences.
Art. 13. The common law will require the judgment by juries in the criminal lawsuits.
Art. 14. The penalty of confiscation of goods will not be instituted for reasons of political character.
Art. 15. Nobody can be imprisoned but for the commission of a crime or having a competency test of him, by written order of competent
Judge.
Art. 16. In anyone of the cases of the previous article, Judge, under most circumstance, will receive arraignment within twenty-four
hours, and forty and eight, at most, will begin the summary. The declaration of the defendant it will be taken in the presence of his
attorney. This it will have also the right to attend all the summary arraignment.
Art. 17. In case of illegal imprisonment interested legal counsel will be able to interpose before the competent judge the resource of
“habeas corpus”, in order that the arresting authority explains and justify immediately the legal reason for the apprehension, being to
which the indicated Judge decides.
Art. 18. The laws will fix the order and the formalities of judgments.
Art. 19. Judgments by commission are prohibited.
Art. 20. It is prohibited that by oaths of the defendant in his declarations or confessions, by their own admission, and prohibited that they
are treated in them like criminals.
Art. 21. Secret rulings also has left the criminal judgment in revolt. The law will provide the advisable judgment.
Art. 22. All criminal judgment will begin by part accusation or of the public prosecutor, secret searches are prohibited.
Art. 23. All the Judges are responsible before the law, of smaller aggression against the rights of the people, thus like by separating of the
order of behavior that in her establish.
Art. 24. The Departmental State, Governments, the Beings Independent, the Decentralized Services and, in general, everything organ of
the State, will be civilly responsible for the caused damage to third, in the execution of the services public, trusted to suggestion or
direction.
Art. 25. When the damage has been caused by its civil employees, in the exercise of its functions or occasion of that exercise, in case of
having built with serious fault or dolo, the public organ corresponding it will be able to repeat against them, which will have paid in repair.
Art. 26. To anybody the capital punishment will be applied to him. In no case it will be allowed that the jails serve in order to mortificar,
and yes to only assure the processings and suffered, persecuting its reeducation, the aptitude for the work, and the prophylaxis of the
crime.
Art. 27. In any state of one criminal lawsuit of which no have to be pain from penitentiary, the Judges will be able to put to the defendant
in freedom, giving guarantee according to the law.
Art. 28. The papers of the individuals and their correspondence to epistolar, telegraphic or of any other species, they are inviolable, and
never it will be able to become his registry, examination or interception but according to the laws that will settle down by reasons of
general interest.
Art. 29. The communication is entirely free in all matter of thought by words, written deprived or publications of it presses, or by any
other form of spreading, with no need of previous censorship; being left the author responsible and, in its case, the printer or emitter, in
accordance with the law by abuses that they will commit.
Art. 30. All inhabitant has right of petition stops before all and any authorities of the Republic.
Art. 31. The individual security will not be able to be suspended but with the consent of the General Assembly, or being this one dissolved
or in recess, of the Permanent Commission, and in the unusual event of treason or conspiracy against the mother country; and then only
for apprehension of the delinquents, without damage of the arranged one in interjection 17 of article 168.
Art. 32. The property is an inviolable right, but subject to that they arrange the laws that will settle down for reasons of general interest.
Nobody could be private of its right of property but in the cases of public necessity or utility established by a law and always receiving
from the Nacional Treasure a joust and previous compensation. When it is declared expropriation because of public necessity or utility, it
will compensate to the proprietors by the damages and damages that they will undergo in regard to duration of the procedure
expropiatorio, is consumed or not it expropriation; even those that derive from variations in the value of the currency.
Art. 33. The intellectual work, the right of the author, of inventor or of the artist, will be recognized and protected by law.
Art. 34. All the artistic or historical wealth of the country, is who will be his owner, she constitutes the Cultural treasure of the Nation; it
will be under the safeguard of the State and the law will establish that it considers opportune for his defense.
Art. 35. Nobody will be forced to present/display aid, are of class that will be, for the armies, nor to cross its house stops lodging of the
military, but of order of the civil magistrate according to the law, and it will receive from the Republic the indemnification of damage that
in such cases is inferred to him.
Art. 36. All person can dedicate itself to the work, culture, industry, commerce, profession, or any other activity allowed, except for the
limitations of general interest that they establish the laws.
Art. 37. The entrance of all person in the territory is free of the Republic, its permanence in him and its exit with its goods, observed the
laws and except for damage of third. Immigration will have to be regulated by law, but in no case the immigrant will suffer from
physical, mental defects or morals that can harm the society.
Art. 38. It is guaranteed the right of pacific meeting and without arms. The exercise of this right could not be not known by no authority
of the Republic but in virtue of a law, and as soon as one only is against the health, the security and the order public.
Art. 39. All the people have the right to be associated, nobodies are the object that they persecute, whenever no constitute an illicit
association declared by the law.
I CAPITULATE II
Art. 40. The family is the base of our society. The State it will guard by his moral and material stability, for better formation of the
children within the society.
Art. 41. The care and education of the children so that these it reaches his total corporal, intellectual capacity and social, it is to have and a
right of the parents. Who they have to his position numerous prole has right to compensatory aid, always that they need them. The law
will arrange the necessary measures so that childhood and youth is protected against the abandonment corporal, intellectual or moral of its
parents or tutors, as well as against the operation and the abuse.
Art. 42. The parents have towards the children had outside marriage such duties that respect to the been born ones inside of him.
The maternity, anyone is the condition or state of the woman, has right to the protection of the society and his attendance in case of
neglect.
Art. 43. The law will try that the infantile delinquency is put under a special regime in which participation will occur to woman.
Art. 44. The State will legislate in all the questions related to the public health and hygiene, trying physical, moral and social improvement
of all the inhabitants of the country.
All the inhabitants must have to take care of their health, as well as the one to attend itself in case of disease. The state it will gratuitously
provide means of prevention and of attendance only to the devoid indigents or of resources sufficient.
Art. 45. All inhabitant of the Republic must right to enjoy decent house. The law will prohang to assure the house hygienic and economic,
facilitating its acquisition and stimulating the investment of private capitals for that aim.
Art. 46. The state will give asylum to the devoid indigents or of sufficient resources that, by its physical or mental inferiority of chronic
character, is disqualified for the work.
Art. 47. The State will fight by means of the law and of International conventions, the social vices.
Art. 48. The successor right is guaranteed within limits that the law establishes. The ascending air line and descendant they will have a
preferential treatment in the laws tax.
Art. 49. The “homestead”, its constitution, conservation, enjoyment and transmission, will be object of a protective legislation special.
Art. 50. The State will orient the one of foreign trade of Republic protecting the productive activities whose destiny be the export or that
replaces import goods. The law it will promote the investments destined to this aim, and will channel preferably with this destiny the
public saving. All trustificada commercial or industrial organization she will be under the control of the State.
Art. 51. The Departmental State or governments, in its case, they will condition to its homologation, the establishment and the use of the
tariffs of services public in charge of companies concessionaires.
The concessions to that east article talks about no they will be able to occur to perpetuity in no case.
Art. 52. Prohíbese usury. It is of public order the law that indicate maximum limit to the interest of the loans. This it will determine the
pain to be applied to the contraventores. Nobody will be able to be private of its freedom by debts.
Art. 53. The work is under the special protection of the law. All inhabitant of the Republic, without prejudice of its freedom, he must have
to apply his intellectual or corporal energies in form that results in benefit of the collectivity, the one that he will try to offer, with
preference to the citizens, possibility of gaining its sustenance by means of the development of one economic activity.
Art. 54. The law has to recognize that I will be in one relation of work or service, like worker or employee, independence of its moral and
civic conscience; the joust remuneration; the limitation of the day; the weekly rest and the physical and moral hygiene.
The work of the women and the minors of eighteen years specially it will be regulated and limited.
Art. 55. The law will regulate the impartial distribution and equitable of the work.
Art. 56. All company whose characteristics determine permanence of the personnel in the respective establishment, will be forced to
provide suitable feeding and lodging to him, in the conditions that the law will establish.
Art. 57. The law will promote the organization of unions gremiales, deciding tax exemptions and dictating norms to them stop to
recognize legal function and position of agent to them.
It will also promote, the creation of courts of conciliation and arbitration.
It declared that strike is a gremial right. On this base will regulate its exercise and effectiveness.
Art. 58. The civil employees are to the service of the Nation and not of a political fraction. In the places and the working hours, it is
prohibited all activity other people's to the function, reputing itself illicit directed by the end of the proselytism of any species.
Groupings with aims will not be able to be constituted proselitistas being used the denominations of distributions public or invoking the
bond that the function determines between its members.
Art. 59. The law will establish the Statute of the civil employee on base fundamental that the civil employee exists for the function and not
it function for the civil employee. Their rules will be applied a the dependent civil employees:
A) Of the executive authority, with exception of the military, police officers and diplomats, who will govern themselves by laws special.
B) Of the judicial Power and the Court of the Contentious thing Administrative, safe with respect to the positions of Judiciary.
C) Of the National Audit Office.
D) Of the Electoral Court and its dependencies, without damage of the rules destined to assure the control of political parties.
E) Of the Decentralized Services, without damage of that to his respect it is arranged by special laws in attention to the diverse nature of
its assignments.
Art. 60. The law will create the Civil Service of the Administration Power station. Independent beings and Decentralized Services, that it
will have the assignments that this one establishes to assure one efficient administration.
Establishing the administrative race for budgeted civil employees of the Central Administration, that they declare unremovable, without
damage of which on the individual have the law by absolute majority votes of the total of components of each Camera and established in
the interjection 4o. of this Article.
Its destitution will only be able to take place in agreement with rules established in the present Constitution.
They are not included/understood in the administrative race civil employees of political character or particular confidence, estatuídos, with
that quality, by law approved by majority absolute of votes of the total of components of each Camera, that they will be designated and
they could be destituídos by the organ administrative corresponding.
Art. 61. For the civil employees of race, the Statute of Civil employee will settle down the conditions of entrance to Administration, will
regulate the right to the permanence in position, the ascent, the weekly rest and to the license regime annual and by disease; the conditions
of the suspension or of transfer; its responsibilities and the resources administrative against the resolutions that affect them, without
damage of the arranged thing in Section XVII.
Art. 62. The Departmental Governments will sanction the Statute for its civil employees, adjusting to the norms established in the
preceding articles, and while they do not do it will prevail stops they them dispositions that the law establishes for officials government.
To the effects to declare the removability of his civil employees and to describe the positions as political character or as particular
confidence, the three fifth of the total will be required of components of the departmental meeting.
Art. 63. The commercial and industrial Independent Beings they will project, within the year of promulgated the present Constitution, the
Statute for the civil employees of his dependency, which will be put under the approval of the Power Executive.
This Statute will contain conducive dispositions a to support the normal operation the services and the rules of guarantee established in
previous articles for civil employees, in which he will be conciliable with the aims specific of each independent Being.
Art. 64. The law, by two thirds of votes of the total of components of each Camera, will be able to establish special norms that by his
majority or nature they are applicable to civil employees of all the Independent Beings, some of them, according to the cases.
Art. 65. The law will be able to authorize that in the Independent beings constitute representative commissions of the personal respective,
with aims of collaboration with the Directors for fulfillment of the rules of the Statute, the study of budgetary ordering, the organization
of the services, regulation of the work and application of the measures you would discipline.
In the services public administered directly or by concessionaires, the law will be able to have the formation competent organs to
understand in the desinteligencias between the authorities of the services and their employees and workers; thus like means and
procedures that can use the authority public to maintain the continuity of the services.
Art. 66. No parliamentary or administrative investigation on irregularities, omissions or crimes, will be considered concluded while the
accused civil employee cannot present/display its unloadings and to articulate its defense.
Art. 67. Social the general and safe retirements they will organize in form to guarantee all the workers, suitable patronage, employees and
workers, retirements and subsidies stop the cases of accidents, disease, disability, leisure unavoidable, etc; and to its families, in case of
death, the pension corresponding. The pension to the oldness constitutes a right stops the one that arrives at the limit of the productive
age, after long permanence in the country and lacks resources to sccumb to his vital necessities.
Art. 68. It is guaranteed the freedom of education.
The law will regulate the intervention of the State to only object to maintain the hygiene, the morality, the security and order public.
All father or tutor must right to choose, for education of its children or pupils, the teachers or institutions that it wishes.
Art. 69. The institutions of private education and the cultural ones of the same nature they will be exonerated of national taxes and
policemen, like subvention for its services.
Art. 70. Primary education and education are obligatory average, agrarian or industrial.
The State will prohang to the development of the investigation scientist and of technical education.
The law will provide the necessary thing for the effectiveness with these dispositions.
Art. 71. It declared of social utility the gratuity of superior, industrial primary, average education official and artistic and of the physical
education; the creation of scholarships of improvement and cultural, scientific specialization and worker, and the establishment of popular
libraries.
In all the educational institutions she will be taken care of specially the formation of the moral and civic character of students.
I CAPITULATE III
Art. 72. The enumeration of rights, duties and done guarantees by the Constitution, it does not exclude the other that are inherent to
human personality or is derived from the republican form of government.
SECTION III
OF THE CITIZENSHIP AND THE SUFFRAGE
I CAPITULATE I
Art. 73. The citizens of the Eastern Republic of Uruguay are natural or legal.
Art. 74. Natural citizens are all the men and women been born in any point of the territory of the Republic. They are citizen also natural
the children of father or mother Eastern, anyone has been the place of its birth, by the fact to approach themselves in the country and to
register in the Registry Civic.
Art. 75. It has right to the legal citizenship:
A) The foreign men and women of good conduct, with family constituted in the Republic, that having some operating capital or property
in the country, or professing some science, art or industry, they have three years of habitual residence in the Republic.
B) The foreign men and women of good conduct, without family constituted in the Republic, that have some of the qualities of the
previous interjection and five years of habitual residence in the country.
C) The foreign men and women whom they obtain special grace of the General Assembly by services excellent notables or merits.
The test of the residence will have to be based indispensably in public or deprived instrument of date verified.
The inherent rights to the legal citizenship will not be able to be exerted by the foreigners included/understood in interjections A) and B) up
to three years after the granting of the respective letter.
The existence of nobodies of the causal ones of suspension to that article 80 talks about, will obstará to granting of the citizenship
identification document.
Art. 76. All citizen can be called to the uses public.
The legal citizens could not be designated but three years after to it to have granted them the citizenship identification document.
The citizenship for the performance will not be required of functions of professor in superior education.
I CAPITULATE II
Art. 77. All citizen is member of the sovereignty of the a Nation; as so he is electing and eligible in the cases and forms that they will
designate.
The suffrage will be exerted in the form that determines law, but on the following bases:
1 [[ordmasculine]]) obligatory Inscription in the Civic Registry.
2 [[ordmasculine]]) Secret and obligatory Vote. The law, by majority absolute of the total of components of each Camera, it will regulate
the fulfillment of this obligation.
3 [[ordmasculine]]) integral proportional Representation.
4 [[ordmasculine]]) the judicial magistrates, the members of the Court of Contentious the Administrative thing and the Court of Accounts,
the Directors of the Independent Beings and of Decentralized services, the military in activity, anyone is their degree, and the police civil
employees from any category, they will have to abstain, under pain of destitution and incapacitation of two to ten years it stops to occupy
any public use to comprise of political commissions or clubs, to subscribe manifestos of Party, to authorize the use of its name and, in
general, to execute any other act witnessed by notary public or deprived of political character, except for the vote. He does not consider
himself including in these prohibitions, the concurrence of Directors of the Independent beings and the Services Decentralized to the
organisms of the Parties that have as committed specific the study of problems of government, legislation and administration.
He will be competent to know and to apply the pains of these electoral crimes, the Electoral Court. It denounces will have to be
formulated before this one by anyone of the Cameras, the Executive authority or the authorities nationals of the Parties. Without damage
of arranged previously, in all the cases they will go the antecedents to ordinary justice to the others a that there will be place.
5 [[ordmasculine]]) the President of the Republic and the members of Electoral court they will not be able to comprise of commissions or
political clubs, nor to act in the organisms directors of the Parties, nor to take part in any he forms in the political propaganda of electoral
character.
6 [[ordmasculine]]) All the corporations of elective character that designate to take part in the questions of suffrage, will have to be
chosen with the guarantees briefed in this article.
7 [[ordmasculine]]) All new law of Civic Registry or Elections, thus like all modification or interpretation of effective, it will require two
thirds of votes of the total of components of each Camera. This special majority it will govern only for the guarantees of the suffrage and
election, composition, functions and procedures of the Court Electoral and electoral corporations. In order to solve in matter of expenses,
budgets and of internal order of the same ones, will be enough the simple majority.
8 [[ordmasculine]]) the law will be able to extend to other authorities by two thirds of votes of the total of components of each Camera,
the prohibition of the numerals 4o. and 5o.
9 [[ordmasculine]]) the election of the members of both Cameras of the Power Legislative, of the President and Vice-president of
Republic, of the members of the meetings Departmental, of the Intendants, and, in its cases, of the elective Independent Local Meetings,
as well as of any organ for whose constitution or integration the laws establish the procedure of the election by the Electoral Body, will be
made the last Sunday of the month of November every five years without damage of the arranged thing in article 148. lists of candidates
for both Cameras and stop President and Vice-president of the Republic, will have to appear in a voting leaf. In leaf he starts off,
individualized with he himself motto they will vow, jointly, the lists of candidates to Departmental meetings, Intendants and, in its case, of
conformity with the arranged thing by article 79.
10 [[ordmasculine]]) No Legislator nor Intendant who resigns to his position after incorporated he himself, he will have right to collection
of any compensation nor passivity that could to correspond to him in regard to the cease of its position, even fulfilled the complete period
for which chosen. This disposition does not include/understand to the cases of resignation by disease properly justified before Medical
Meeting, nor to the authorized one by the three fifth of votes of total of components of the Body to that they correspond, nor to the
Intendants who resign three months before election to be able to be candidates.
11 [[ordmasculine]]) the State will guard to assure to the political Parties the amplest freedom. Without damage of it, Parties will have:
To exert the internal democracy indeed in election of its authorities;
To give to the Maximum publicity to its Articles of incorporation and Program of Principles, in form so that the citizen can know them
widely.
Art. 78. They have right to the suffrage, with no need to obtain previously legal citizenship, the men and the women foreigners, of good
behavior, with family constituted in Republic, that having some operating capital or property in country, or professing some science, art
or industry, has it calls to account habitual of fifteen years, at least, in Republic.
The test of the residence will be based indispensably in public or deprived instrument of date verified and if the justification were
satisfactory for authority in charge to judge it, the foreigner will be qualified for the exercise of the vote since one registers in the registry
Civic, authorized by the certification that, to the effects, it will extend that same authority.
I CAPITULATE III
Art. 79. The accumulation of votes by motto for any position elective, it only can become based on permanent mottos, without damage to
be fulfilled, in any case, for the election of Representatives, with the had one in the first part article 88. A motto to be considered
permanent, must have participated in previous the national comicio, obtaining parliamentary representation. The law, by two thirds of
votes of the total of components of each Camera, it will be able to modify this requirement.
The twenty-five percent of the total of enrolled qualified to vote, it will be able to interpose, within the year of his promulgation, the
resource of referendum against the laws and to exert the right of initiative before the Legislative Power. These institutes are not applicable
with respect to the laws that establish tributes. They do not fit either in the cases in that initiative is privative of the Executive authority.
Both institutes they will be regulated by law, dictated by absolute majority of total of components of each Camera.
I CAPITULATE IV
Art. 80. The citizenship is suspended:
1 [[ordmasculine]]) By physical or mental ineptitude that it prevents to build frees and reflectively.
2 [[ordmasculine]]) By the legally processed condition of in cause criminal from which pain of penitentiary can be.
3 [[ordmasculine]]) By not to have turned eighteen years of age.
4 [[ordmasculine]]) By sentence that imposes exile punishment, prison, penitentiary or incapacitation for the exercise of political rights
during the time of the sentence.
5 [[ordmasculine]]) By the habitual exercise of activities morally dishonourable, that will determine the law sanctioned of agreement with
the numeral 7o. of article 77.
6 [[ordmasculine]]) to comprise of social or political organizations that, by means of the violence or of propaganda that it urged the
violence tend to destroy the bases fundamental of the nationality. Such are considered, to the effects of this disposition, the contained
ones in sections I and II of the present Constitution.
7 [[ordmasculine]]) By the superviniente lack of good behavior demanded in article 75.
These two last causal ones will only govern respect to legal citizens.
The exercise of the right that grants article 78 it suspends precedingly by the causal ones numbered.
Art. 81. The nationality is still not lost nor to become naturalized in another country, being enough simply, to recover the exercise of the
citizenship rights, to approach itself in republic e to register in the Civic Registry.
The legal citizenship is lost by any form of later naturalization.
Art. 82. The Nation adopts for its government the democratic form republican.
Its sovereignty will be exerted directly by the Body Electoral in the cases of election, initiative and referendum, indirectly by the
representative Powers that this establishes Constitution; everything according to the rules expressed in the same one.
Art. 5. All the religions are free in Uruguay. State does not maintain religion some. It recognizes the Church Catholic the dominion of all
the temples that have been total or partially constructed with funds of the National State Treasury, excepting only the chapels destined to
the service of asylums, hospitals, jails or other establishments public. It declares, also, exemption of all class from taxes to the temples
consecrated to the cult of the diverse religions.
I CAPITULATE IV
Art. 6. In the international treaties that celebrate Republic will propose the clause of which all the differences that they forge between the
contracting parts, will be decided by pacific arbitration or other means. The Republic will try social integration and economic of the
Latin American States, specially in that one talks about to the common defense of his products and matters premiums. Also, she will
prorate to the effective completion of his public services.
SECTION II
RIGHTS, DUTIES AND GUARANTEES
I CAPITULATE I
Art. 7. The inhabitants of the Republic have the right to be free in the enjoyment of their life, honor, freedom, security, work and
property. Nobody can be excluded of these rights except according to the laws that will occur for reasons of general need.
Art. 8. All the people are equal before the law, recognizing no distinction among them except but for their talents or virtues.
Art. 9. The establishment of nobility is prohibited. No authority of the Republic will be able to grant title of nobility, neither honors nor
hereditary distinctions.
Art. 10. The private actions of the people who attack the public order nor harms to third, are exempt of the authority of the magistrates.
No inhabitant of the Republic will be forced to do what is not proscribed by the law, nor unaware of what it does not prohibit.
Art. 11. The home is an asylum inviolable. At night nobody will be able to enter him without consent of its head, and by day, only of
express order of competent Judge, in writing and in the cases determined by the law.
Art. 12. Nobody can be punished nor be confined without due process and lawful sentences.
Art. 13. The common law will require the judgment by juries in the criminal lawsuits.
Art. 14. The penalty of confiscation of goods will not be instituted for reasons of political character.
Art. 15. Nobody can be imprisoned but for the commission of a crime or having a competency test of him, by written order of competent
Judge.
Art. 16. In anyone of the cases of the previous article, Judge, under most circumstance, will receive arraignment within twenty-four
hours, and forty and eight, at most, will begin the summary. The declaration of the defendant it will be taken in the presence of his
attorney. This it will have also the right to attend all the summary arraignment.
Art. 17. In case of illegal imprisonment interested legal counsel will be able to interpose before the competent judge the resource of
“habeas corpus”, in order that the arresting authority explains and justify immediately the legal reason for the apprehension, being to
which the indicated Judge decides.
Art. 18. The laws will fix the order and the formalities of judgments.
Art. 19. Judgments by commission are prohibited.
Art. 20. It is prohibited that by oaths of the defendant in his declarations or confessions, by their own admission, and prohibited that they
are treated in them like criminals.
Art. 21. Secret rulings also has left the criminal judgment in revolt. The law will provide the advisable judgment.
Art. 22. All criminal judgment will begin by part accusation or of the public prosecutor, secret searches are prohibited.
Art. 23. All the Judges are responsible before the law, of smaller aggression against the rights of the people, thus like by separating of the
order of behavior that in her establish.
Art. 24. The Departmental State, Governments, the Beings Independent, the Decentralized Services and, in general, everything organ of
the State, will be civilly responsible for the caused damage to third, in the execution of the services public, trusted to suggestion or
direction.
Art. 25. When the damage has been caused by its civil employees, in the exercise of its functions or occasion of that exercise, in case of
having built with serious fault or dolo, the public organ corresponding it will be able to repeat against them, which will have paid in repair.
Art. 26. To anybody the capital punishment will be applied to him. In no case it will be allowed that the jails serve in order to mortificar,
and yes to only assure the processings and suffered, persecuting its reeducation, the aptitude for the work, and the prophylaxis of the
crime.
Art. 27. In any state of one criminal lawsuit of which no have to be pain from penitentiary, the Judges will be able to put to the defendant
in freedom, giving guarantee according to the law.
Art. 28. The papers of the individuals and their correspondence to epistolar, telegraphic or of any other species, they are inviolable, and
never it will be able to become his registry, examination or interception but according to the laws that will settle down by reasons of
general interest.
Art. 29. The communication is entirely free in all matter of thought by words, written deprived or publications of it presses, or by any
other form of spreading, with no need of previous censorship; being left the author responsible and, in its case, the printer or emitter, in
accordance with the law by abuses that they will commit.
Art. 30. All inhabitant has right of petition stops before all and any authorities of the Republic.
Art. 31. The individual security will not be able to be suspended but with the consent of the General Assembly, or being this one dissolved
or in recess, of the Permanent Commission, and in the unusual event of treason or conspiracy against the mother country; and then only
for apprehension of the delinquents, without damage of the arranged one in interjection 17 of article 168.
Art. 32. The property is an inviolable right, but subject to that they arrange the laws that will settle down for reasons of general interest.
Nobody could be private of its right of property but in the cases of public necessity or utility established by a law and always receiving
from the Nacional Treasure a joust and previous compensation. When it is declared expropriation because of public necessity or utility, it
will compensate to the proprietors by the damages and damages that they will undergo in regard to duration of the procedure
expropiatorio, is consumed or not it expropriation; even those that derive from variations in the value of the currency.
Art. 33. The intellectual work, the right of the author, of inventor or of the artist, will be recognized and protected by law.
Art. 34. All the artistic or historical wealth of the country, is who will be his owner, she constitutes the Cultural treasure of the Nation; it
will be under the safeguard of the State and the law will establish that it considers opportune for his defense.
Art. 35. Nobody will be forced to present/display aid, are of class that will be, for the armies, nor to cross its house stops lodging of the
military, but of order of the civil magistrate according to the law, and it will receive from the Republic the indemnification of damage that
in such cases is inferred to him.
Art. 36. All person can dedicate itself to the work, culture, industry, commerce, profession, or any other activity allowed, except for the
limitations of general interest that they establish the laws.
Art. 37. The entrance of all person in the territory is free of the Republic, its permanence in him and its exit with its goods, observed the
laws and except for damage of third. Immigration will have to be regulated by law, but in no case the immigrant will suffer from
physical, mental defects or morals that can harm the society.
Art. 38. It is guaranteed the right of pacific meeting and without arms. The exercise of this right could not be not known by no authority
of the Republic but in virtue of a law, and as soon as one only is against the health, the security and the order public.
Art. 39. All the people have the right to be associated, nobodies are the object that they persecute, whenever no constitute an illicit
association declared by the law.
I CAPITULATE II
Art. 40. The family is the base of our society. The State it will guard by his moral and material stability, for better formation of the
children within the society.
Art. 41. The care and education of the children so that these it reaches his total corporal, intellectual capacity and social, it is to have and a
right of the parents. Who they have to his position numerous prole has right to compensatory aid, always that they need them. The law
will arrange the necessary measures so that childhood and youth is protected against the abandonment corporal, intellectual or moral of its
parents or tutors, as well as against the operation and the abuse.
Art. 42. The parents have towards the children had outside marriage such duties that respect to the been born ones inside of him.
The maternity, anyone is the condition or state of the woman, has right to the protection of the society and his attendance in case of
neglect.
Art. 43. The law will try that the infantile delinquency is put under a special regime in which participation will occur to woman.
Art. 44. The State will legislate in all the questions related to the public health and hygiene, trying physical, moral and social improvement
of all the inhabitants of the country.
All the inhabitants must have to take care of their health, as well as the one to attend itself in case of disease. The state it will gratuitously
provide means of prevention and of attendance only to the devoid indigents or of resources sufficient.
Art. 45. All inhabitant of the Republic must right to enjoy decent house. The law will prohang to assure the house hygienic and economic,
facilitating its acquisition and stimulating the investment of private capitals for that aim.
Art. 46. The state will give asylum to the devoid indigents or of sufficient resources that, by its physical or mental inferiority of chronic
character, is disqualified for the work.
Art. 47. The State will fight by means of the law and of International conventions, the social vices.
Art. 48. The successor right is guaranteed within limits that the law establishes. The ascending air line and descendant they will have a
preferential treatment in the laws tax.
Art. 49. The “homestead”, its constitution, conservation, enjoyment and transmission, will be object of a protective legislation special.
Art. 50. The State will orient the one of foreign trade of Republic protecting the productive activities whose destiny be the export or that
replaces import goods. The law it will promote the investments destined to this aim, and will channel preferably with this destiny the
public saving. All trustificada commercial or industrial organization she will be under the control of the State.
Art. 51. The Departmental State or governments, in its case, they will condition to its homologation, the establishment and the use of the
tariffs of services public in charge of companies concessionaires.
The concessions to that east article talks about no they will be able to occur to perpetuity in no case.
Art. 52. Prohíbese usury. It is of public order the law that indicate maximum limit to the interest of the loans. This it will determine the
pain to be applied to the contraventores. Nobody will be able to be private of its freedom by debts.
Art. 53. The work is under the special protection of the law. All inhabitant of the Republic, without prejudice of its freedom, he must have
to apply his intellectual or corporal energies in form that results in benefit of the collectivity, the one that he will try to offer, with
preference to the citizens, possibility of gaining its sustenance by means of the development of one economic activity.
Art. 54. The law has to recognize that I will be in one relation of work or service, like worker or employee, independence of its moral and
civic conscience; the joust remuneration; the limitation of the day; the weekly rest and the physical and moral hygiene.
The work of the women and the minors of eighteen years specially it will be regulated and limited.
Art. 55. The law will regulate the impartial distribution and equitable of the work.
Art. 56. All company whose characteristics determine permanence of the personnel in the respective establishment, will be forced to
provide suitable feeding and lodging to him, in the conditions that the law will establish.
Art. 57. The law will promote the organization of unions gremiales, deciding tax exemptions and dictating norms to them stop to
recognize legal function and position of agent to them.
It will also promote, the creation of courts of conciliation and arbitration.
It declared that strike is a gremial right. On this base will regulate its exercise and effectiveness.
Art. 58. The civil employees are to the service of the Nation and not of a political fraction. In the places and the working hours, it is
prohibited all activity other people's to the function, reputing itself illicit directed by the end of the proselytism of any species.
Groupings with aims will not be able to be constituted proselitistas being used the denominations of distributions public or invoking the
bond that the function determines between its members.
Art. 59. The law will establish the Statute of the civil employee on base fundamental that the civil employee exists for the function and not
it function for the civil employee. Their rules will be applied a the dependent civil employees:
A) Of the executive authority, with exception of the military, police officers and diplomats, who will govern themselves by laws special.
B) Of the judicial Power and the Court of the Contentious thing Administrative, safe with respect to the positions of Judiciary.
C) Of the National Audit Office.
D) Of the Electoral Court and its dependencies, without damage of the rules destined to assure the control of political parties.
E) Of the Decentralized Services, without damage of that to his respect it is arranged by special laws in attention to the diverse nature of
its assignments.
Art. 60. The law will create the Civil Service of the Administration Power station. Independent beings and Decentralized Services, that it
will have the assignments that this one establishes to assure one efficient administration.
Establishing the administrative race for budgeted civil employees of the Central Administration, that they declare unremovable, without
damage of which on the individual have the law by absolute majority votes of the total of components of each Camera and established in
the interjection 4o. of this Article.
Its destitution will only be able to take place in agreement with rules established in the present Constitution.
They are not included/understood in the administrative race civil employees of political character or particular confidence, estatuídos, with
that quality, by law approved by majority absolute of votes of the total of components of each Camera, that they will be designated and
they could be destituídos by the organ administrative corresponding.
Art. 61. For the civil employees of race, the Statute of Civil employee will settle down the conditions of entrance to Administration, will
regulate the right to the permanence in position, the ascent, the weekly rest and to the license regime annual and by disease; the conditions
of the suspension or of transfer; its responsibilities and the resources administrative against the resolutions that affect them, without
damage of the arranged thing in Section XVII.
Art. 62. The Departmental Governments will sanction the Statute for its civil employees, adjusting to the norms established in the
preceding articles, and while they do not do it will prevail stops they them dispositions that the law establishes for officials government.
To the effects to declare the removability of his civil employees and to describe the positions as political character or as particular
confidence, the three fifth of the total will be required of components of the departmental meeting.
Art. 63. The commercial and industrial Independent Beings they will project, within the year of promulgated the present Constitution, the
Statute for the civil employees of his dependency, which will be put under the approval of the Power Executive.
This Statute will contain conducive dispositions a to support the normal operation the services and the rules of guarantee established in
previous articles for civil employees, in which he will be conciliable with the aims specific of each independent Being.
Art. 64. The law, by two thirds of votes of the total of components of each Camera, will be able to establish special norms that by his
majority or nature they are applicable to civil employees of all the Independent Beings, some of them, according to the cases.
Art. 65. The law will be able to authorize that in the Independent beings constitute representative commissions of the personal respective,
with aims of collaboration with the Directors for fulfillment of the rules of the Statute, the study of budgetary ordering, the organization
of the services, regulation of the work and application of the measures you would discipline.
In the services public administered directly or by concessionaires, the law will be able to have the formation competent organs to
understand in the desinteligencias between the authorities of the services and their employees and workers; thus like means and
procedures that can use the authority public to maintain the continuity of the services.
Art. 66. No parliamentary or administrative investigation on irregularities, omissions or crimes, will be considered concluded while the
accused civil employee cannot present/display its unloadings and to articulate its defense.
Art. 67. Social the general and safe retirements they will organize in form to guarantee all the workers, suitable patronage, employees and
workers, retirements and subsidies stop the cases of accidents, disease, disability, leisure unavoidable, etc; and to its families, in case of
death, the pension corresponding. The pension to the oldness constitutes a right stops the one that arrives at the limit of the productive
age, after long permanence in the country and lacks resources to sccumb to his vital necessities.
Art. 68. It is guaranteed the freedom of education.
The law will regulate the intervention of the State to only object to maintain the hygiene, the morality, the security and order public.
All father or tutor must right to choose, for education of its children or pupils, the teachers or institutions that it wishes.
Art. 69. The institutions of private education and the cultural ones of the same nature they will be exonerated of national taxes and
policemen, like subvention for its services.
Art. 70. Primary education and education are obligatory average, agrarian or industrial.
The State will prohang to the development of the investigation scientist and of technical education.
The law will provide the necessary thing for the effectiveness with these dispositions.
Art. 71. It declared of social utility the gratuity of superior, industrial primary, average education official and artistic and of the physical
education; the creation of scholarships of improvement and cultural, scientific specialization and worker, and the establishment of popular
libraries.
In all the educational institutions she will be taken care of specially the formation of the moral and civic character of students.
I CAPITULATE III
Art. 72. The enumeration of rights, duties and done guarantees by the Constitution, it does not exclude the other that are inherent to
human personality or is derived from the republican form of government.
SECTION III
OF THE CITIZENSHIP AND THE SUFFRAGE
I CAPITULATE I
Art. 73. The citizens of the Eastern Republic of Uruguay are natural or legal.
Art. 74. Natural citizens are all the men and women been born in any point of the territory of the Republic. They are citizen also natural
the children of father or mother Eastern, anyone has been the place of its birth, by the fact to approach themselves in the country and to
register in the Registry Civic.
Art. 75. It has right to the legal citizenship:
A) The foreign men and women of good conduct, with family constituted in the Republic, that having some operating capital or property
in the country, or professing some science, art or industry, they have three years of habitual residence in the Republic.
B) The foreign men and women of good conduct, without family constituted in the Republic, that have some of the qualities of the
previous interjection and five years of habitual residence in the country.
C) The foreign men and women whom they obtain special grace of the General Assembly by services excellent notables or merits.
The test of the residence will have to be based indispensably in public or deprived instrument of date verified.
The inherent rights to the legal citizenship will not be able to be exerted by the foreigners included/understood in interjections A) and B) up
to three years after the granting of the respective letter.
The existence of nobodies of the causal ones of suspension to that article 80 talks about, will obstará to granting of the citizenship
identification document.
Art. 76. All citizen can be called to the uses public.
The legal citizens could not be designated but three years after to it to have granted them the citizenship identification document.
The citizenship for the performance will not be required of functions of professor in superior education.
I CAPITULATE II
Art. 77. All citizen is member of the sovereignty of the a Nation; as so he is electing and eligible in the cases and forms that they will
designate.
The suffrage will be exerted in the form that determines law, but on the following bases:
1 [[ordmasculine]]) obligatory Inscription in the Civic Registry.
2 [[ordmasculine]]) Secret and obligatory Vote. The law, by majority absolute of the total of components of each Camera, it will regulate
the fulfillment of this obligation.
3 [[ordmasculine]]) integral proportional Representation.
4 [[ordmasculine]]) the judicial magistrates, the members of the Court of Contentious the Administrative thing and the Court of Accounts,
the Directors of the Independent Beings and of Decentralized services, the military in activity, anyone is their degree, and the police civil
employees from any category, they will have to abstain, under pain of destitution and incapacitation of two to ten years it stops to occupy
any public use to comprise of political commissions or clubs, to subscribe manifestos of Party, to authorize the use of its name and, in
general, to execute any other act witnessed by notary public or deprived of political character, except for the vote. He does not consider
himself including in these prohibitions, the concurrence of Directors of the Independent beings and the Services Decentralized to the
organisms of the Parties that have as committed specific the study of problems of government, legislation and administration.
He will be competent to know and to apply the pains of these electoral crimes, the Electoral Court. It denounces will have to be
formulated before this one by anyone of the Cameras, the Executive authority or the authorities nationals of the Parties. Without damage
of arranged previously, in all the cases they will go the antecedents to ordinary justice to the others a that there will be place.
5 [[ordmasculine]]) the President of the Republic and the members of Electoral court they will not be able to comprise of commissions or
political clubs, nor to act in the organisms directors of the Parties, nor to take part in any he forms in the political propaganda of electoral
character.
6 [[ordmasculine]]) All the corporations of elective character that designate to take part in the questions of suffrage, will have to be
chosen with the guarantees briefed in this article.
7 [[ordmasculine]]) All new law of Civic Registry or Elections, thus like all modification or interpretation of effective, it will require two
thirds of votes of the total of components of each Camera. This special majority it will govern only for the guarantees of the suffrage and
election, composition, functions and procedures of the Court Electoral and electoral corporations. In order to solve in matter of expenses,
budgets and of internal order of the same ones, will be enough the simple majority.
8 [[ordmasculine]]) the law will be able to extend to other authorities by two thirds of votes of the total of components of each Camera,
the prohibition of the numerals 4o. and 5o.
9 [[ordmasculine]]) the election of the members of both Cameras of the Power Legislative, of the President and Vice-president of
Republic, of the members of the meetings Departmental, of the Intendants, and, in its cases, of the elective Independent Local Meetings,
as well as of any organ for whose constitution or integration the laws establish the procedure of the election by the Electoral Body, will be
made the last Sunday of the month of November every five years without damage of the arranged thing in article 148. lists of candidates
for both Cameras and stop President and Vice-president of the Republic, will have to appear in a voting leaf. In leaf he starts off,
individualized with he himself motto they will vow, jointly, the lists of candidates to Departmental meetings, Intendants and, in its case, of
conformity with the arranged thing by article 79.
10 [[ordmasculine]]) No Legislator nor Intendant who resigns to his position after incorporated he himself, he will have right to collection
of any compensation nor passivity that could to correspond to him in regard to the cease of its position, even fulfilled the complete period
for which chosen. This disposition does not include/understand to the cases of resignation by disease properly justified before Medical
Meeting, nor to the authorized one by the three fifth of votes of total of components of the Body to that they correspond, nor to the
Intendants who resign three months before election to be able to be candidates.
11 [[ordmasculine]]) the State will guard to assure to the political Parties the amplest freedom. Without damage of it, Parties will have:
To exert the internal democracy indeed in election of its authorities;
To give to the Maximum publicity to its Articles of incorporation and Program of Principles, in form so that the citizen can know them
widely.
Art. 78. They have right to the suffrage, with no need to obtain previously legal citizenship, the men and the women foreigners, of good
behavior, with family constituted in Republic, that having some operating capital or property in country, or professing some science, art
or industry, has it calls to account habitual of fifteen years, at least, in Republic.
The test of the residence will be based indispensably in public or deprived instrument of date verified and if the justification were
satisfactory for authority in charge to judge it, the foreigner will be qualified for the exercise of the vote since one registers in the registry
Civic, authorized by the certification that, to the effects, it will extend that same authority.
I CAPITULATE III
Art. 79. The accumulation of votes by motto for any position elective, it only can become based on permanent mottos, without damage to
be fulfilled, in any case, for the election of Representatives, with the had one in the first part article 88. A motto to be considered
permanent, must have participated in previous the national comicio, obtaining parliamentary representation. The law, by two thirds of
votes of the total of components of each Camera, it will be able to modify this requirement.
The twenty-five percent of the total of enrolled qualified to vote, it will be able to interpose, within the year of his promulgation, the
resource of referendum against the laws and to exert the right of initiative before the Legislative Power. These institutes are not applicable
with respect to the laws that establish tributes. They do not fit either in the cases in that initiative is privative of the Executive authority.
Both institutes they will be regulated by law, dictated by absolute majority of total of components of each Camera.
I CAPITULATE IV
Art. 80. The citizenship is suspended:
1 [[ordmasculine]]) By physical or mental ineptitude that it prevents to build frees and reflectively.
2 [[ordmasculine]]) By the legally processed condition of in cause criminal from which pain of penitentiary can be.
3 [[ordmasculine]]) By not to have turned eighteen years of age.
4 [[ordmasculine]]) By sentence that imposes exile punishment, prison, penitentiary or incapacitation for the exercise of political rights
during the time of the sentence.
5 [[ordmasculine]]) By the habitual exercise of activities morally dishonourable, that will determine the law sanctioned of agreement with
the numeral 7o. of article 77.
6 [[ordmasculine]]) to comprise of social or political organizations that, by means of the violence or of propaganda that it urged the
violence tend to destroy the bases fundamental of the nationality. Such are considered, to the effects of this disposition, the contained
ones in sections I and II of the present Constitution.
7 [[ordmasculine]]) By the superviniente lack of good behavior demanded in article 75.
These two last causal ones will only govern respect to legal citizens.
The exercise of the right that grants article 78 it suspends precedingly by the causal ones numbered.
Art. 81. The nationality is still not lost nor to become naturalized in another country, being enough simply, to recover the exercise of the
citizenship rights, to approach itself in republic e to register in the Civic Registry.
The legal citizenship is lost by any form of later naturalization.
Art. 82. The Nation adopts for its government the democratic form republican.
Its sovereignty will be exerted directly by the Body Electoral in the cases of election, initiative and referendum, indirectly by the
representative Powers that this establishes Constitution; everything according to the rules expressed in the same one.
In the elections of November 27, 1966, nearly 59 percent of Uruguayans voted to amend the 1952
constitution and to reestablish a presidential system of government, thus ending a fifteen-year experiment
with the colegiado, an executive body which consisted of nine members: six from the majority party and
three from the minority party. . The new constitution, which became operative on February 15, 1967,
and has remained in effect since then, created a strong one-person presidency, subject to legislative and
judicial checks. The rights and liberties of the citizenry are detailed in Capitulate II. For a full English
translation of Uruguay's constitution, click here.
constitution and to reestablish a presidential system of government, thus ending a fifteen-year experiment
with the colegiado, an executive body which consisted of nine members: six from the majority party and
three from the minority party. . The new constitution, which became operative on February 15, 1967,
and has remained in effect since then, created a strong one-person presidency, subject to legislative and
judicial checks. The rights and liberties of the citizenry are detailed in Capitulate II. For a full English
translation of Uruguay's constitution, click here.