Malcolm Rivera
Brazil's Federal Constitution of 1988 outlines the country's federal structure, which includes municipalities (cities) as constituent units, alongside states and the Federal District. This structure grants administrative autonomy to municipal governments, with the power to implement policies and manage local affairs through their own legislative, executive, and judicial institutions. The City Statute, a federal law passed in 2001, further reinforces the legal-urban order by addressing social and spatial divisions in urban areas, promoting equitable land access, and encouraging democratic city management. The complex interplay between the constitution, local political movements, and the role of cities in Brazil's federalism shapes the country's governance and reflects the importance of local power.
| Characteristics | Values |
|---|---|
| Federal Constitution of Brazil | 1988 |
| Federal Law | Law 10.257 |
| City Statute | Passed in 2001 |
| Purpose | To create a new legal-urban order to provide land access and equity in large urban cities |
| Premise | Right to the city |
| Main Functions | Ensure that the 'social function' of urban land and buildings is put before their commercial value |
| Ensure 'democratic city management' | |
| Number of Municipalities | 5,570 (as of 2016) |
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What You'll Learn
The 1988 Federal Constitution
The 1988 Constitution was promulgated on 5 October 1988, after a two-year process in which it was written from scratch. It is composed of nine titles, divided into chapters and then articles, with the articles further divided into short clauses called incisos and parágrafos. The Constitution refers to Brazil as "the Union", and the country's political and administrative organisation includes the Union, States, Federal District, and Counties, all of which are autonomous. The federal capital is Brasília.
The 1988 Constitution aimed to give state and municipal governments administrative autonomy and responsibility for policy implementation, thus decentralising federal power. It outlines the fundamental objectives of the Federative Republic of Brazil, which include building a free, just and solidary society, guaranteeing national development, eradicating poverty and substandard living conditions, and promoting the well-being of all, without discrimination.
The Constitution also establishes the rights and guarantees of Brazilians and foreigners residing in the country, such as the inviolability of the rights to life, liberty, equality, security and property. It ensures political and social pluralism, with all power emanating from the people, who exercise it through elected representatives or directly, as provided by the Constitution. The Constitution has been criticised for being overly analytical and extensive, requiring amendments to adapt to societal changes. It has also been criticised for reproducing a model of state capitalism, expanding state monopolies and regulations, and creating a slow judicial system.
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Municipalities and their status
Brazil has 5,571 municipalities, which, according to the 2019 population estimate, makes the average municipality population 37,728 inhabitants. The average state has 214 municipalities. The municipalities of Brazil are administrative divisions of the Brazilian states. The Federal District, however, cannot be divided into municipalities, and its territory is composed of several administrative regions.
The Brazilian Constitution treats municipalities as parts of the Federation and not simply dependent subdivisions of the states. Each municipality has an autonomous local government, with a mayor and a legislative body called a municipal chamber. The local government and the legislative body are directly elected by the population every four years.
The 1988 text aimed to give state and municipal governments administrative autonomy and responsibility for policy implementation, decentralizing federal power. The 1988 Brazilian Constitution and Law No. 10.257 of 2001, known as the City Statute, form the framework for the legal-urban order. Municipalities can be split or merged to form new municipalities within state borders, but this must abide by the Brazilian Constitution, and forming exclaves or seceding from the state or union is forbidden.
Through an amendment in 1996, municipalities were incorporated with states as part of the federation. The federal, state, and municipal governments have their own legislative, executive, and judicial institutions.
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The City Statute
Brazil's Constitution has undergone several changes over the years, with the most recent Constitution established in 1988. This Constitution aimed to decentralize federal power and grant administrative autonomy to state and municipal governments.
In 2001, Brazil passed a federal law known as the City Statute (Law No. 10.257), which built upon the 1988 Federal Constitution to address social and spatial divisions in the country's urban areas. The City Statute has two main objectives:
- Prioritizing the 'social function' of urban land and buildings over their commercial value: This means that the use value of these spaces takes precedence, ensuring that urban development serves a social purpose.
- Ensuring 'democratic city management': This involves planning, producing, operating, and governing cities with social control and participation.
However, there are also criticisms of the City Statute's implementation. Despite its intentions, Brazilian cities continue to face segregation and inequality issues, and some smaller cities lack basic urban planning and management tools. Nevertheless, the City Statute remains a crucial piece of legislation in Brazil's urban policy, and its principles have inspired legal frameworks and urban planning initiatives globally.
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Presidential powers
The current Brazilian Constitution was adopted in 1988, and it resulted from the previous six constitutions. This version of the constitution abolished the monarchy in Brazil and introduced separate state powers. It also reinforces the powers of the legislature and introduces environmental protection. The country is composed of 26 states and the Federal District (Brasilia), and the federal, state, and municipal governments have their own legislative, executive, and judicial institutions.
The President of Brazil is the head of the Executive Branch and has significant lawmaking powers. They are both the head of state and the head of the government. They are directly elected for a four-year term and can serve two terms consecutively. The President has the power to appoint 48,000 positions, including Ministers of State, military officers, and judges. They can also appoint all 11 justices of the Supreme Federal Court, which is the highest court in the country. The President can initiate the legislative procedure as outlined in the Constitution and issue decrees and regulations for the enforcement of laws. They can also propose laws to the National Congress and use provisional measures in cases of urgency and necessity, except in criminal law or electoral law. These provisional measures come into effect immediately and remain in force for up to 60 days unless Congress votes to rescind them.
The President can also maintain relations with foreign states and accredit their diplomatic representatives. They can conclude international treaties, but these are subject to the ratification of the National Congress of Brazil. Additionally, the President can decree a state of defence or a state of siege in accordance with constitutional procedures.
The President may be removed from office through impeachment, where two-thirds of the Chamber of Deputies must accept charges, and if the Senate accepts, the President is suspended from their functions for up to 180 days.
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Federal urban planning
Brazil is a federal republic with three levels of government: the Federal Government (the Union), the States, and the municipalities. The country is composed of 26 states and the Federal District (Brasilia), each with its own legislative, executive, and judicial institutions.
The 1988 Federal Constitution and the City Statute of 2001 (Law No. 10.257) are the legal framework for urban planning in Brazil. The 1988 Constitution aimed to give state and municipal governments administrative autonomy and responsibility for policy implementation, thus decentralizing federal power. It ensured that devolution and participation were central issues in urban development, allowing for more robust spatial planning at the local level.
The City Statute regulates urban law instruments, some of which were previously absent from the legal system. It also led to the creation of the Ministry of Cities in 2003, which coordinates urban policies and public investment. The National Council of Cities and the National Conference of Cities were also established to support the formulation and implementation of inclusive multi-level policies for the National Policy for Urban Development.
The federal government has influenced local development through the transfer of funds to municipalities, which has resulted in fragmented and often unsustainable urban development. However, this has also strengthened the planning capacity of local governments. Brazil is recognized for its leadership in land value capture tools, with legislation such as the Granting of the Right to Build and the Additional Construction Potential Certificates (CEPACs) financing urban development.
The country's urban planning system addresses issues such as informal urbanization, including slums, and seeks to secure rights for slum dwellers and provide access to basic urban services. It also promotes sustainable urban development, aiming to reduce socio-spatial inequalities and align with global Sustainable Development Goals (SDGs).
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Frequently asked questions
The Brazilian Federal Constitution of 1988 (CF-88) mentions municipalities and the Federal District of Brasilia in Article 1. It states that Brazil is a "legal democratic state" formed by the "indissoluble union of the states and municipalities".
Cities, or municipalities, play an important role in Brazil's federalism. They were the first public entities created by Portugal during the colonial period (1500-1822) and have had their own local laws and self-governance through municipal councils. Today, Brazil has 5,570 municipalities, each with its own legislative and executive powers, separate from the presidential system.
The City Statute, or Law 10.257, is a federal law passed in Brazil in 2001. It builds on the Federal Constitution to create a new legal-urban order, prioritising the "social function" of urban land and buildings over their commercial value, and ensuring "democratic city management".
