Simone Lawson
Brazil has had seven constitutions since it gained independence from Portugal in 1822. The first was drafted in 1824, two years after independence was proclaimed by the then-Prince of Portugal, who became Pedro I, Emperor of Brazil. The current Brazilian Constitution was promulgated on 5 October 1988, after a two-year process in which it was written from scratch by a Constitutional Congress elected in 1986. This 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. It was also the first to mandate harsh penalties for civil liberties and rights violations.
| Characteristics | Values |
|---|---|
| Current Constitution | Seventh |
| Date of Promulgation of Current Constitution | October 5, 1988 |
| Duration of Drafting Process | Two years |
| Date of Election of Constitutional Congress | 1986 |
| Type of Drafting Process | Written from scratch |
| Type of State | Democratic |
| Type of State Organization | Social Democratic |
| Voting | Mandatory |
| Number of Deputies | 559 |
| Number of Positions the President has the Power to Appoint | 48,000 |
| Number of Federal Deputies | 513 |
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What You'll Learn
The 1988 Constitution
Brazil's current constitution, its seventh since independence from Portugal in 1822, was ratified on October 5, 1988. It was drafted over a two-year period by a 559-member Constitutional Congress, which had been elected in 1986. The 1988 Constitution was a reaction to Brazil's period of military dictatorship and sought to guarantee individual rights and restrict the state's ability to limit freedom.
The Constitution also established many forms of direct popular participation, including plebiscites, referendums, and citizens' initiatives. It also adopted the mandatory vote, which is rejected by 61% of Brazilians, according to a 2014 survey. It was criticized for being very extensive and long-winded, which has resulted in the need for several politically costly amendments.
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Guaranteeing rights and freedom
Brazil has had a long and tumultuous path to its current democratic state, with seven constitutions during its independent political history. The current Brazilian Constitution, the seventh, was ratified on October 5, 1988, and is a reaction to the period of military dictatorship. This constitution was written to guarantee rights and freedoms and restrict the state's ability to limit freedom, punish offenses, and regulate individual life.
The 1988 Constitution guarantees the right to privacy and freedom of expression, with the latter being a condition for the full exercise of the right to access the internet. It also guarantees freedom of assembly, association, and press freedom. The right to strike is also guaranteed, with workers deciding on the advisability of exercising it and the interests to be defended.
The 1988 Constitution also introduced the errand of injunction and the habeas data, or the right to access any data about oneself held by the government. It anticipated the existence of a Children's and Youth Code, which was enacted in 1990, and it was the first constitution to demand severe punishment for breaches of civil liberties and rights.
The 1945 Constitution, written after the resignation of Vargas, was the first to provide full political freedom. It also provided for the last official use of the country name "Estados Unidos do Brasil." This constitution was written to restore the rights and freedoms expressed in the 1934 Constitution, which had been suppressed in 1937. It also reduced the powers of the presidency and put in place institutional safeguards to prevent a repeat of Vargas' authoritarian excesses.
The 1934 Constitution, written after the Constitutionalist Revolution in São Paulo, was the first written from scratch by directly elected deputies in multi-party elections. It incorporated improvements to Brazilian political, social, and economic life, including the extension of political rights to all adults, regardless of sex.
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The role of the President
Brazil's current constitution, ratified in 1988, is a reaction to the period of military dictatorship that came before it. It seeks to guarantee individual rights and restrict the state's ability to limit freedom, punish offences, and regulate individual life. The constitution establishes Brazil as a presidential, federal republic with three independent and harmonic government branches: the Executive, the Legislative, and the Judiciary.
The President of Brazil is the head of state and head of government. They are elected directly for a four-year term and can serve a maximum of two consecutive terms. The President has the power to appoint 48,000 positions, including Ministers of State, military officers, and judges. However, appointments of ambassadors, higher-court judges, the solicitor general, and Central Bank directors must be approved by the Senate.
The President's role is to ensure the exercise of social and individual rights, liberty, security, well-being, development, equality, and justice as supreme values of a fraternal, pluralist, and unprejudiced society. They are responsible for ensuring peaceful solutions to disputes, both internally and internationally.
The President also plays a key role in the economic regulation of the country, which has remained intact since the 1988 Constitution. They are responsible for appointing the Central Bank directors, who play a crucial role in the country's economic policies.
The 1988 Constitution also introduced the mandatory vote in Brazil, making it the only country among the 15 largest economies in the world where voting is compulsory. This has been a controversial topic, with 61% of Brazilians rejecting the idea in a 2014 survey.
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Voting and elections
Brazil's current electoral system is defined by the 1988 Constitution and the Electoral Code (Law No. 4,737 of 1965), which is regulated by the Superior Electoral Court (Portuguese: Tribunal Superior Eleitoral, TSE). The Constitution defines three distinct electoral systems, which are detailed in the Electoral Code:
Proportional Elections for the Chamber of Deputies
The Chamber of Deputies (Câmara dos Deputados) has 513 members, elected to a four-year term by proportional representation. Political parties have access to the voting machine programs before the election for auditing.
Majority Elections with One or Two Elected Representatives to the Federal Senate
The Federal Senate (Senado Federal) has 81 members, elected to an eight-year term, with elections every four years for one-third or two-thirds of the seats. Each state elects three senators, regardless of its population size.
Majority Elections in Two Rounds for the President and Other Executive Heads
The President is elected to a four-year term by absolute majority vote through a two-round system. A candidate needs to gain fifty per cent plus one of the votes to be named the winner. If no candidate receives fifty per cent plus one of the votes, a second-round runoff is mandated. This system is also used in elections for state governors and mayors of municipalities with more than 200,000 voters.
Brazil has held three national referendums in its history. The first, on January 6, 1963, saw the people vote for the re-establishment of the presidential system of government, which had been modified by a constitutional amendment in 1961.
Brazil is the only country in the world to conduct its elections entirely through electronic voting. The voting machines perform three steps: voter identification, secure voting, and tallying, in a single process, aiming to eliminate fraud based on forged or falsified documents. Since 2008, a biometric system for voter identification has been adopted in some locations.
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Historical context
Brazil has had seven constitutions since it gained independence from Portugal in 1822. The country's first constitution was drafted in 1824, giving the Emperor wide control over governing institutions, including the legislature and provincial governments. This lasted until 1889 when the Republic of Brazil was formed, and a new constitution was written, modelled on the United States Constitution. This established a presidential system and male universal suffrage for men over 21.
In 1932, the Constitutionalist Revolution in São Paulo demanded a new constitution, and a Constitutional Assembly was elected. This constitution was promulgated in 1934, and was the first to be written from scratch by directly elected deputies in multi-party elections. It extended political rights to all adults, regardless of sex, and granted full independence to the Supreme Court. However, it lasted only three years.
In 1945, a new constitution was written by a directly elected Constitutional Congress after Vargas was forced to resign. This provided full political freedom, even legalising the Brazilian Communist Party (albeit briefly). 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 current constitution was ratified in 1988, after a two-year process in which it was written from scratch by a Constitutional Congress elected in 1986. This constitution was a reaction to the period of military dictatorship, and sought to guarantee individual rights and restrict the state's ability to limit freedom. It also provided for 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. It was the first constitution to demand severe punishment for breaches of civil liberties and rights.
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Frequently asked questions
The first Brazilian Constitution was written in 1824, two years after Brazil gained independence from Portugal.
Brazil has had seven constitutions, the most recent of which was ratified in 1988.
The 1934 Constitution was the shortest-lived, lasting only three years until 1937.
The current Brazilian Constitution was written in 1988, after a two-year process.
The current Constitution states that a President can serve any number of terms but cannot serve more than two terms consecutively.
