Legal and accounting separation · Arts. 107, 110, 113, 116
Public office × private property
The proposed Constitution allows private rights of founding origin to coexist with a possible technical public office, but requires the two spheres never to be confused. Office does not prove ownership; ownership does not create state competence.
Pre-Foundation · constitutional office not activatedConstitutional Proposal · reference text · not promulgated
Separate in order to control
Salary, licence, asset acquisition, royalty, dividend, reimbursement and corporate contract are distinct categories. Where the same person may hold public office and a private interest, the Constitution responds with disclosure of the conflict, economic recusal, comparative benchmarking, an independent opinion on economic reasonableness, Court of Audit review and a decision by a disinterested authority.
What one sphere does not buy from the other
Proprietary rights may exist
- Proven IP.
- Shareholding.
- Claims and contracts.
- Patrimonial succession permitted by applicable law.
But they do not produce
- An additional political vote.
- Immunity.
- An institutional seat.
- A right to govern, adjudicate or control citizens.
Removal is not confiscation either
Technical removal, if it occurs through the exceptionally serious constitutional process, does not by itself extinguish intellectual property, a shareholding, succession rights or a validly constituted founding economic obligation. Public liability and private ownership follow their own processes.