CONSTITUTION OF BRAZIL | FEATURES & HISTORY

In this article we have discussed about the Constitution of Brazil – its history and features

 

1. INTRODUCTION

 

A constitution is a fundamental and supreme law of a nation or state that sets out the basic principles and framework for its government, establishes the structure and functions of various branches of government, and outlines the rights and responsibilities of its citizens. It serves as a social contract between the government and the governed, defining the limits and scope of authority, and ensuring that power is distributed and exercised in a manner that upholds the rule of law.

 

The Constitution of Brazil is the fundamental law of the Federative Republic of Brazil. It was promulgated on October 5, 1988, and has been amended several times since then. The constitution provides the framework for the organization and functioning of the government, as well as the protection of individual rights and the distribution of powers among the various branches of government.

 

2. HISTORY OF THE CONSTITUTION OF BRAZIL

 

The history of the Constitution of Brazil is marked by a series of significant events and developments that reflect the country's political and social evolution. Brazil's constitutional history has seen various versions of constitutions, reflecting changes in government systems and responses to historical events. Here's an overview of the major milestones in the history of Brazil's constitution:

 

1. 1824 Constitution: Brazil's first constitution was promulgated on March 25, 1824, during the period of the Brazilian Empire. It was granted by Dom Pedro I, who became the first Emperor of Brazil. The 1824 Constitution established a centralized monarchy with the Emperor holding significant powers. Though it granted some civil rights to citizens, it was far from a democratic document and concentrated power in the hands of the monarchy.
2. 1889 Constitution: Brazil underwent a transition from a monarchy to a republic on November 15, 1889, through a coup d'état that deposed Emperor Dom Pedro II. Shortly after, a provisional government was established, and on February 24, 1891, Brazil's first republican constitution was promulgated. The 1889 Constitution established a federal republic, with a president as the head of state and government. It also introduced significant changes to the political system, including the separation of church and state. 
3. 1934 Constitution: The 1930 Revolution brought Getúlio Vargas to power, and he ruled Brazil as a dictator until 1934 when a new constitution was promulgated. The 1934 Constitution marked a period of democratic governance, establishing universal suffrage and introducing social rights for workers. However, this democratic period was relatively short-lived, as Getúlio Vargas dissolved Congress and established an authoritarian regime in 1937, known as the Estado Novo. 
4. 1937 Constitution (Estado Novo): In 1937, Getúlio Vargas suspended the 1934 Constitution and instituted the 1937 Constitution, which consolidated his dictatorial powers under the Estado Novo regime. This constitution granted Vargas significant control over the government and limited civil liberties. It effectively ended democratic rule and ushered in an era of authoritarian governance that lasted until 1945.
5. 1946 Constitution: After the end of World War II, pressures for democratic reforms led to the end of Vargas' dictatorship. In 1946, a new constitution was enacted, reinstating democratic governance. The 1946 Constitution reestablished civil liberties, universal suffrage, and the separation of powers, marking a return to constitutional democracy.
6. 1967 Constitution: In 1964, a military coup overthrew the democratically elected government, and a military junta took control of Brazil. In 1967, the military regime promulgated a new constitution, which increased the power of the executive and weakened civil liberties. This constitution was seen as legitimizing the military rule and suppressing dissent.
7. 1988 Constitution: Following decades of military rule, Brazil began its transition to democracy in the 1980s. A constituent assembly was convened to draft a new constitution that would mark the return to democratic governance. The current Constitution of Brazil was promulgated on October 5, 1988. It established a democratic federal republic, granting extensive civil rights, social rights, and protections for minorities. The 1988 Constitution remains in force today and is known for its progressive approach to human rights and social justice.

 

The Constitution of Brazil has played a crucial role in shaping the country's political landscape and protecting the rights and liberties of its citizens. Throughout its history, Brazil has experienced moments of both democratic advancement and authoritarian rule, with the constitution often serving as a reflection of these broader political shifts.

 

3. KEY FEATURE OF THE CONSTITUTION OF BRAZIL

 

The Constitution of Brazil, promulgated on October 5, 1988, is a comprehensive and detailed document that reflects the country's transition from military rule to a democratic federal republic. It is known for its progressive approach to social rights and individual liberties. Some of the salient features of the Constitution of Brazil include:

 

1. Democratic Federal Republic: The constitution establishes Brazil as a democratic federal republic, with sovereignty residing in the people. It defines the country's political structure as a federation, composed of 26 states, one federal district (Brasília), and municipalities, each with its own government.
2. Fundamental Rights: The constitution enshrines an extensive list of fundamental rights and guarantees to Brazilian citizens, including the right to life, liberty, equality, privacy, education, health, and housing. It also prohibits discrimination based on race, gender, religion, or nationality.
3. Social Rights: Brazil's constitution is particularly noteworthy for its emphasis on social rights. It recognizes the right to work, a fair wage, social security, maternity leave, and access to healthcare and education. This focus on social welfare aims to reduce socio-economic disparities within the country.
4. Citizenship Rights: The constitution outlines the rights and responsibilities of Brazilian citizens, including political participation, voting rights, and the right to run for public office.
5. Separation of Powers: The constitution establishes the separation of powers into three branches of government: the Executive, Legislative, and Judicial. Each branch has distinct roles and responsibilities, and there are checks and balances in place to prevent the abuse of power.
6. Presidential System: Brazil follows a presidential system, where the President of the Republic serves as both the head of state and the head of government. The president is elected through direct popular suffrage for a fixed term and can be re-elected for one consecutive term.
7. Bicameral Congress: The legislative branch consists of a bicameral National Congress, consisting of the Federal Senate (upper house) and the Chamber of Deputies (lower house). Members of both houses are elected by the people.
8. Judicial Review: The constitution grants the Federal Supreme Court (Supremo Tribunal Federal) the power of judicial review, allowing it to interpret the constitution and declare laws and governmental acts unconstitutional.
9. Amendment Process: The constitution can be amended through a complex procedure that requires approval by a supermajority of both houses of the National Congress in two separate rounds of voting.
10. Environmental Protections: The constitution recognizes the importance of environmental protection and the need for sustainable development, making it a fundamental duty of both the government and citizens to preserve the environment.
11. Free Education and Universal Healthcare: The constitution guarantees free public education at all levels and universal access to healthcare, making education and healthcare fundamental rights for all Brazilian citizens.
12. Indigenous Rights: The constitution recognizes and protects the rights of indigenous peoples, including their cultural heritage and traditional lands.

 

These salient features reflect Brazil's commitment to democracy, social justice, and the protection of human rights within its constitutional framework. Over the years, the constitution has played a crucial role in shaping Brazil's political landscape and ensuring the rights and freedoms of its citizens.

 

4. CONCLUSION

 

The Constitution of Brazil has played a crucial role in shaping the country's political landscape and protecting the rights and liberties of its citizens.