Jonah Patel
Brazil has had several constitutions since its independence from Portugal in 1822. The country's current constitution, promulgated on 5 October 1988, is the seventh enacted since independence and the sixth since the proclamation of the republic in 1889. This constitution was drafted in response to the period of military dictatorship, aiming to guarantee individual rights and restrict the state's ability to limit freedom. It is notable for its extensive length and analytical nature, leading to various amendments to adapt to societal changes.
| Characteristics | Values |
|---|---|
| Date Written | 5 October 1988 |
| Previous Constitutions | 1824, 1891, 1934, 1937, 1945 |
| Duration of Process | 2 years |
| Reason for Writing | Reaction to period of military dictatorship |
| Aims | To guarantee individual rights and restrict the state's ability to limit freedom, to punish offences and to regulate individual life |
| New Guarantees | Errands of injunction and habeas data |
| Anticipated Codes | Consumers' Defence Code, Children's and Youth Code, New Civil Code |
| Notable Laws | Propagation of prejudice against minority or ethnic groups made an unbailable crime |
| Amendments | 2005, 2017 |
| Criticisms | Very extensive, long-winded, and analytical; allowed expansion of state capitalism and restricted foreign companies |
| Authors | Directly elected deputies in multi-party elections |
| Notable Features | Mention of God in preamble; equality before the law; freedom of expression, opinion, religion; prohibited cruel treatment and torture |
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What You'll Learn
- The current Brazilian Constitution was written in 1988
- The 1988 Constitution was the seventh since independence in 1822
- The 1988 Constitution guarantees individual rights and restricts state powers
- The 1988 Constitution has been criticised for being overly long and bureaucratic
- The 1824 Constitution was in effect from 1824 until 1889
The current Brazilian Constitution was written in 1988
Brazil has had seven constitutions since its independence from Portugal in 1822. The current Brazilian Constitution was written in 1988, following a two-year process. It was drafted as a reaction to the country's period of military dictatorship and sought to guarantee individual rights and restrict the state's ability to limit freedom. The 1988 Constitution was the first to demand severe punishment for breaches of civil liberties and rights. It also anticipated the existence of a Consumers' Defence Code, a Children's and Youth Code, and a new Civil Code.
The 1988 Constitution is criticized for being overly long and analytical, which has led to numerous amendments to adapt to societal changes. It is also criticized for reproducing a model of state capitalism, expanding state monopolies and regulations, and creating a slow judicial system.
The 1988 Constitution provides for a democratic state, ensuring the exercise of social and individual rights, liberty, security, well-being, development, equality, and justice. It establishes the equality of all before the law, guaranteeing Brazilians and foreigners residing in the country the inviolability of rights to life, liberty, equality, security, and property. It also ensures freedom of expression, thought, conscience, and religion.
The Constitution establishes a federal legislative branch consisting of the Chamber of Deputies and the Federal Senate. It grants the Chamber of Deputies and the Federal Senate the power to summon ministers of the federal government or any chief office holder in an agency directly subordinated to the Presidency of the Republic to testify on predetermined matters. It also outlines the positions restricted to native-born Brazilians, such as the President, Vice-President, and supreme court judges.
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The 1988 Constitution was the seventh since independence in 1822
Brazil gained independence from Portugal in 1822, and its first constitution was written in 1824. This inaugural constitution gave the Emperor wide control over governing institutions, including the legislature and provincial governments. It also established a presidential system and male universal suffrage for those aged 21 and above.
The second Brazilian constitution was written in 1891, following the overthrow of the Emperor Pedro II in 1889. This new constitution was modelled after the United States Constitution and established a federal state. It also promoted individual liberties and freedom.
The third constitution was written in 1934, following a military revolt and Coup d'Etat led by Getulio Vargas in 1930. This new constitution aimed to restore the rights and freedoms that had been suppressed during Vargas' rule. However, in 1937, Vargas seized emergency powers and created a new constitution that effectively transformed his presidency into a legal dictatorship. This authoritarian constitution concentrated executive and legislative powers in the President, who was elected for a six-year term through indirect elections.
The fourth constitution was written in 1945, after Vargas was forced to resign. This was the first Brazilian constitution to provide full political freedom. It also included an "Act of Transitory Measures," a set of laws that came into effect before the constitution itself and could not be changed.
The fifth and sixth constitutions were written in 1967 and 1969, respectively, during a period of military dictatorship.
The seventh and current Brazilian constitution was promulgated on 5 October 1988. It was drafted as a reaction to the period of military dictatorship and sought to guarantee individual rights and restrict the state's ability to limit freedom. This constitution is known for its extensive and analytical nature, leading to several amendments to adapt to societal changes. It established new constitutional guarantees, such as the errand of injunction and the habeas data, and anticipated the existence of codes to protect consumers, children, and youth. It also introduced severe punishments for breaches of civil liberties and rights, making the propagation of prejudice against minorities or ethnic groups an unbailable crime.
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The 1988 Constitution guarantees individual rights and restricts state powers
The current Brazilian Constitution, enacted in 1988, is the country's seventh since independence in 1822 and the sixth since the proclamation of the republic in 1889. It was drafted in response to the period of military dictatorship, with the aim of safeguarding individual rights and restricting the state's ability to limit freedom and regulate individual life.
The 1988 Constitution guarantees several individual rights, including freedom of speech, religion, movement, and assembly, as well as basic rights to life, freedom, and property. It also introduced the errand of injunction and habeas data, and anticipated the existence of a Consumers' Defence Code, a Children's and Youth Code, and a new Civil Code. The Constitution also made torture and actions against the democratic state and the constitutional order unbailable crimes, thereby creating constitutional safeguards against coups d'état.
In terms of restricting state powers, the Constitution limits the state's ability to punish offences and regulate individual life. It also reduces the powers of the presidency by putting in place institutional safeguards to prevent authoritarian excesses. The 1988 Constitution also grants complete independence to the Supreme Court, subordinating all other courts to it, and establishes direct popular participation through plebiscites, referendums, and citizens' initiatives, in addition to regular voting.
However, the 1988 Constitution has been criticised for its length and complexity, which have led to politically costly amendment processes. Some scholars argue that it reproduces a model of state capitalism, expanding state monopolies and regulations, and creating restrictions for foreign companies. It has also been criticised for extending the privileges of civil servants and aggravating income inequality.
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The 1988 Constitution has been criticised for being overly long and bureaucratic
The 1988 Brazilian Constitution is the seventh enacted since the country gained independence from Portugal in 1822. It was promulgated on 5 October 1988, after a two-year process in which it was written from scratch. The Constitution was drafted as a reaction to the period of military dictatorship, seeking to guarantee individual rights and restrict the state's ability to limit freedom.
The 1988 Constitution has been criticised for being overly bureaucratic and long-winded. Philosopher Fernando Schüler claims that Brazil went against the grain in the 1980s:
> While the world tried to adjust the State to globalisation and modernise public management, Brazil bet on a super bureaucratic state in the 1988 Constitution. We offer rigid stability in the employment for civil servants, we mix careers of State with common careers of the public service, we create the law of biddings, we cast the budgets and we eliminate any space for the meritocracy in the public area.
Schüler's view is supported by Roberto Brant, who believes that the 1988 Constitution was "captured" by groups of civil servants. According to a World Bank study, civil servants are among the richest fifth of the Brazilian population. The Constitution has also been criticised for extending the privileges of civil servants, exacerbating income inequality in Brazil.
The 1988 Constitution has also been criticised for reproducing a model of state capitalism, expanding state monopolies and regulations. This allowed the Brazilian state to have stakes in more than 650 companies, which were involved in one-third of the national GDP in 2017. This model also created restrictions for the performance of foreign companies in several fields, with harmful consequences for the country's growth. Some scholars argue that this economic model encourages patrimonialism and corruption.
The 1988 Constitution is also responsible for creating a slow judicial system in Brazil. Brazil has the 30th slowest judiciary among 133 countries, according to the World Bank. This has led to the judiciary using provisional arrests as an advance sentence. In 2015, more than 40% of prisoners in Brazil were provisional.
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The 1824 Constitution was in effect from 1824 until 1889
Brazil gained independence from Portugal in 1822. Two years later, in 1824, the country's first constitution was written. This document, known as the 1824 Constitution, remained in effect until 1889, when Emperor Pedro II was deposed and the Brazilian monarchy was abolished.
The 1824 Constitution was created just two years after Brazil gained independence from Portugal in 1822. It was the country's first constitution and was written by directly elected deputies in multi-party elections. This constitution gave the Emperor extensive control over governing institutions, including the legislature and provincial governments. It also established a presidential system and male universal suffrage for those aged 21 and above.
During the nearly seven decades that the 1824 Constitution was in effect, Brazil underwent significant political and social changes. The country transitioned from a monarchy to a republic in 1889, with the deposition of Emperor Pedro II. This event marked the end of the 1824 Constitution's validity and prompted the creation of a new constitution that reflected the country's new political system.
The 1824 Constitution was replaced by a new constitution in 1891, which established a federal state and promoted individual liberties. This constitution was written by a group of jurists and politicians and later amended by a Constitutional Congress. It followed the basic principles of the Constitution of the United States, with the adoption of a slightly more centralized form of federalism.
Since the 1824 Constitution, Brazil has had several other constitutions, reflecting the country's evolving political landscape. The country has had seven constitutions in total since its independence, with the most recent one being promulgated in 1988. The 1988 Constitution was drafted in response to the period of military dictatorship, aiming to guarantee individual rights and restrict the state's ability to limit freedom. It introduced mechanisms to prevent coups d'état and established forms of direct popular participation beyond regular voting, such as plebiscites and referendums.
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Frequently asked questions
The first Brazilian constitution was written in 1824, two years after the country gained independence from Portugal.
Brazil has had seven constitutions since its independence in 1822. The current constitution was promulgated on 5 October 1988.
The 1988 Constitution was drafted as a reaction to the period of military dictatorship. It was the first constitution to demand severe punishment for breaches of civil liberties and rights. It also made torture and actions against the democratic state unbailable crimes.
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