Chapter XI. The Armed Forces, of Order and Public Security
Article 103
The Armed Forces under the supervision of the Ministry of National Defense are constituted solely and exclusively by the Army, the Navy, and the Air Force. They exist for the defense of the homeland and are essential to national security.
The Forces of Order and Public Security are composed solely by the Carabineiros and Investigations. They constitute the public force and exist to give efficiency to the law, guarantee public order and internal public security, in the form determined by their respective organic laws. They depend on the Ministry of the Interior and Public Security, with the exception of the provisions of articles 77 and 84 of this Constitution, which establish their dependence to receive direct orders from the Tribunals of Justice of the Judiciary and the Public Ministry, respectively.
The Armed Forces and Carabineiros, as armed groups, are essentially obedient and non-deliberative. The forces under the supervision of the Ministries charged with National Defense and Public Security are also hierarchical and disciplined professionals.
Article 104
The incorporation into the staff and personnel of the Armed Forces and the Carabineiros may only take place through their own schools, with the exception of the professional ranks and the civil employees determined by the law.
Article 105
No person, group, or organization may possess or have arms or other similar elements indicated by a law, without authorization granted in accordance with that law.
A law will determine the Ministry or the organizations under its supervision that will exercise the supervision and control of the armed forces. Additionally, it will establish the public organizations charged with overseeing compliance with the norms related to said control.
Article 106
The Commanders in Chief of the Army, the Navy, and the Air Force, as well as the General Director of the Carabineiros will be designated by the President of the Republic from among the five most senior general officers that meet the requirements for the role as specified by the respective institutional statutes; terms will last for four years, they may not be renewed for a new term, and they will enjoy tenure in their role.
The President of the Republic, through a substantiated decree and with prior notice to the Cámara de Diputados and Senate, may call for the retirement of the Commanders in Chief of the Army, the Navy, and the Air Force as well as the General Director of the Carabineiros prior to completing his or her term.
Article 107
The nominations, promotions and retirements of the officials of the Armed Forces and Carabineiros, will take effect through a supreme decree, in accordance with the corresponding organic constitutional law, which will determine the respective basic norms as well as the basic norms with reference to the professional career, incorporation to its rank, security, seniority, command, command succession, and the budget of the Armed Forces and the Carabineiros.
The entry, the nominations, ascensions and retirements in Investigations will take effect in accordance with their organic constitutional law.
