| Constitution of the Federative Republic of Brazil | |
|---|---|
| Electoral college | No |
| Author(s) | 1987–88 Constituent Assembly |
| Signatories | Constituent Assembly |
| Supersedes | 1967 Constitution of Brazil |
Is the Brazilian Constitution written?
Background. The seventh and current Brazilian Constitution was promulgated on October 5, 1988 after a two-year process in which it was written from scratch by a Constitutional Congress elected in 1986.
Who wrote a Constitution?
One such name is Dr Bhim Rao Ambedkar, the one who wrote our constitution, the one who fought discrimination, stood up from the graves of poverty and made a name for himself. The book is a play about his life of him. It is a very well and informative attempt by the author to create awareness about him.
What type of Constitution does Brazil have?
Under the current Constitution, Brazil is a presidential, federal republic. Through an amendment in 1996, municipalities were incorporated with states as part of the federation. Consequently, the country is composed of 26 states and the Federal District (Brasilia).
When was the Constitution written?
1787Written in 1787, ratified in 1788, and in operation since 1789, the United States Constitution is the world's longest surviving written charter of government. Its first three words – “We The People” – affirm that the government of the United States exists to serve its citizens.
Who are the people in the Constitution?
"the original purpose of the Fourteenth Amendment [was] to extend to all the people of the nation the complete protection of the Bill of Rights." 332 U.S. at 89. Here "people" refers to every human being, regardless of status, and excludes corporations.
How old is Brazil?
BrazilFederative Republic of Brazil República Federativa do Brasil (Portuguese)• Declared7 September 1822• Recognized29 August 1825• Republic15 November 1889• Current constitution5 October 198846 more rows
How many articles are in the Brazilian Constitution?
250 ArticlesIt comprises 250 Articles divided in 9 Titles: Title 1 is devoted to the fundamental principles of the Republic, Title 2 states the Fundamental Safeguards, Title 3 regulates the State Organization, Title 4 disposes about the branches of government, Title 5 regulates the Defense of the State and its Democratic ...
What rights are protected by the Constitution in Brazil?
(0) All persons are equal before the law, without any distinction whatsoever, and Brazilians and foreigners resident in Brazil are assured of inviolability of the right of life, liberty, equality, security, and property, on the following terms: I. men and women have equal rights and duties under this Constitution; II.
Who wrote the first Constitution in the world?
First country to make the constitution: USA The US constitution is made of seven articles, a preamble, and a closing endorsement. In addition, the constitution has a Bill of Rights and several amendments.
Who wrote and signed the Constitution?
After George Washington, James Madison and Alexander Hamilton were two of the most important people to approve of and sign the constitution. James Madison contributed so many ideas that he is known as the father of the constitution. James Madison is often referred to as the 'Father of the Constitution. '
Who is the Father of the Constitution?
James MadisonJames Madison, America's fourth President (1809-1817), made a major contribution to the ratification of the Constitution by writing The Federalist Papers, along with Alexander Hamilton and John Jay. In later years, he was referred to as the “Father of the Constitution.”
How many wrote the Constitution?
In all, 55 delegates attended the Constitutional Convention sessions, but only 39 actually signed the Constitution. The delegates ranged in age from Jonathan Dayton, aged 26, to Benjamin Franklin, aged 81, who was so infirm that he had to be carried to sessions in a sedan chair.
What was the first Brazilian constitution?
This was the first Brazilian constitution to provide full political freedom (even the Brazilian Communist Party was made legal, though briefly) and the last to officially name the country Estados Unidos do Brazil (and the spelling of the country's name would change later that year). It was also the first with an additional "Act of Transitory Measures" (a set of laws that came into effect before the constitution itself and could not be changed). The key points of this constitution were:
Who had a large influence on the 1891 Constitution of Brazil?
Rui Barbosa had a large influence upon the text adopted as the 1891 Constitution of Brazil.
Why was the Brazilian Constitution important?
Despite its short life, this constitution was important because it was the first time a Brazilian constitution was written from scratch by directly elected deputies in multi-party elections. As a consequence of this, it incorporated a number of improvements to Brazilian political, social and economical life:
How long did the power struggle in Brazil last?
The elaboration of the first Constitution of Brazil was quite difficult and the power struggle involved resulted in a long-lasting unrest that plagued the country for nearly two decades. Two major facts increased the troubles:
What was the body of politics of the Brazilian Federation?
Federalism: the provinces were turned into states whose indissoluble union was taken as forming the Body Politic of the Brazilian Federation. Governors (at the time called State Presidents) were to be elected by direct vote and a fixed term of office.
How many constitutions does Brazil have?
During its independent political history, Brazil has had seven constitutions. The most recent was ratified on October 5, 1988.
What was the Portuguese Party?
Large numbers of recent immigrants from Portugal (the so-called "Portuguese Party"), who wanted to keep their privileges or who were still loyal to the metropolitan government. These were found both among the wealthier parts of the population, as businessmen controlling Brazil's international trade, and the lower ones, as tradesmen and free urban workers (the Brazilian elite was mostly rural).
Who wrote the Constitutional System of Brazil?
James, Herman G. The Constitutional System of Brazil. Washington, DC: Carnegie Institution of Washington, 1923.
What was Brazil's first constitution?
Brazil's first constitution was its most enduring, lasting sixty-five years with only one amendment. Modeled upon the French Constitution of 1814 , it established a hereditary Catholic monarchy, headed by the emperor Dom Pedro I. This document, containing 172 articles, inaugurated Brazil's tradition of complex and lengthy constitutions. It established a centralized, unitary system of government. Although it divided the country into provinces and counties ( municípios ), these territorial units had little independent authority. The central government was divided into four powers: legislative, executive, judicial, and moderating.
How many constitutions does Brazil have?
Since proclaiming independence in 1822, Brazil has had eight constitutions, well below the Latin American per-country average of thirteen. None has worked very well. It is not clear, however, to what extent the problems should be attributed to the constitutional rules and to what extent to the individuals governing under and around these rules. Until Brazil can resolve some of its most pressing economic, social, and political problems, it is doubtful that any constitution will work well.
What were the two new courts created by the Constitution?
The Constitution created two new court systems, the electoral and labor courts. The former represented a reaction to the electoral fraud that had characterized the Old Republic, whereas the latter reflected Vargas's concern with protection of the working class.
How many branches of government were there in the 1891 Constitution?
The government was reduced to three branches: executive, legislative, and judicial. The bicameral legislature consisted of a Chamber of Deputies and a Senate. Each state and the federal district elected three senators; deputies were apportioned by population, each state having at least four. Senators were elected for nine years; deputies for three years. In contradistinction to the United States, where such subjects are primarily governed by state legislation, the 1891 Constitution specifically authorized the National Congress to enact federal codes of civil, commercial and criminal law.
How did the emperor exercise legislative power?
Legislative power was exercised by a bicameral General Assembly with a Chamber of Deputies , whose members were chosen for four-year terms, and a Senate, whose members were chosen for life. The number of deputies per province depended upon population, and each province had half as many senators as deputies. Both houses were selected indirectly by provincial electors chosen by parish assemblies, but the emperor selected senators from lists of three nominated by provincial electors. The government's manipulation of the electoral process, however, destroyed even the limited representative nature of the assembly. The assembly both enacted and interpreted the laws. It had the power to choose a new dynasty if the royal family became extinct and to elect a regent if the emperor was a minor. The deputies could impeach all officials except the emperor, who was legally inviolable.
When did Brazil become a republic?
In 1889 the monarchy was overthrown by the military, whose first act, drafted by Rui Barbosa, abolished the Constitution of 1824 and proclaimed the Republic of the United States of Brazil. Heavily influenced by the U.S. Constitution, the 1891 Constitution was Brazil's shortest, containing only ninety-one articles and eight transitional provisions. It changed Brazil into a republican federation and converted the former provinces into twenty sovereign states. It also extended the franchise to all literate adult males.
What type of government is Brazil?
Type of government envisioned. Art 1. The Federative Republic of Brazil, formed by the indissoluble union of States and Counties (municípios), as well as the Federal District, is a Democratic State of Law founded upon: I. sovereignty;
What is the official language of Brazil?
Portuguese is the official language of the Federative Republic of Brazil.
What is the political and administrative organization of the Federative Republic of Brazil?
The political and administrative organization of the Federative Republic of Brazil includes the Union, States, Federal District, and Counties, all autonomous, as provided for in this Constitution.
What does naturalization mean in Brazil?
of a foreign law imposing naturalization upon a Brazilian residing in a foreign country as a condition for remaining in its territory or for exercise of civil rights.
Who takes the oath of office in Brazil?
The President and the Vice-President of the Republic shall take office at a session of the National Congress, taking an oath to maintain, defend and comply with the Constitution, observe the laws, promote the well-being of the Brazilian people, and sustain the union, integrity and independence of Brazil.
What is the inheritance law in Brazil?
XXXI. inheritance of foreigners' assets located in the Country shall be governed by Brazilian law, for the benefit of the Brazilian spouse or children, whenever the personal law of the deceased is not more favorable to them; XXXII. the State shall provide for consumer protection, in accordance with the law;
Who was the father of the constitution?
The most straightforward (but wrong) answer is that James Madison was the author of the Constitution in May of 1787 at the Constitutional Convention in Philadelphia.
Why did the founding fathers write the Constitution?
The Founding Fathers wrote the constitution to bring that about.
What is the significance of Constitution Day?
Constitution Day remembers the incredible achievements of both James Madison and others in creating the US Constitution.
What are the three branches of the central government?
It outlined the three distinct branches of the central government: The judicial branch of government. A successful government will have different branches which will ensure fairness and checks and balances. The constitution was written to bring that about.
When did the Articles of Confederation become the first form of the Constitution?
Upon leaving the Continental Congress, Congress passed the Articles of Confederation in 1777, which served as the unofficial first form of an American Constitution. Unfortunately, as helpful as the document was, the Articles of Confederation were full of flaws and needed to be reconstructed if they were to be used for the successful running of the country.
Can you leave a comment on Constitutionus?
Leaving a comment is also the best way to reach the management team of ConstitutionUS.com . If it is a private message, then it won’t be published.
Who is credited with the creation of the Bill of Rights?
James Madison is also credited with the conception of the Bill of Rights; due to his conveyance of the absence of a Constitutional Clause providing a system for both the amendment and adjustment of the original text, a clause was subsequently created rectifying these concerns – the actions of James Madison resulted in the proposal of the Bill of Rights in 1789, as well as its subsequent ratification in 1791
What is the Constitution?
The Constitution of the United States is considered to be the foremost piece of the legislature with regard to the implementation and authorization of legality and lawfulness within the United States.
Who was the father of the Declaration of Independence?
Thomas Jefferson – the Father of the Declaration of Independence, and John Adams are both recognized as influential framers of the Constitution of the United States: John Adams and Thomas Jefferson were both undertaking diplomatic missions in Europe during the creation of the final version of the Constitution of the United States; as a result, ...
Overview
Sixth Constitution (1967)
After the military coup d'état of April 1, 1964 the controllers of the new regime kept the 1946 constitution and promised to restore democracy as soon as possible. However, they did not and were faced with a dilemma, as every major measure they took was strictly against that current constitution, including the coup itself.
Imperial Constitution (1824)
Prior to its independence on September 7, 1822, Brazil had no formal Constitution, since Portugal only adopted its first Constitution on September 23, 1822, 16 days after Brazil proclaimed independence. In 1823, Emperor Pedro I started the political process of writing a Constitution.
The elaboration of the first Constitution of Brazil was quite difficult and the po…
Old Republic Constitution (1891)
On November 15, 1889, the emperor Pedro II was deposed, Brazilian monarchy abolished and the 1824 Constitution was put out of effect. No provisional constitution was used while a definitive successor document was being written. The writing process began in 1889, by a group of jurists and politicians, and the text was later amended by a Constitutional Congress on February 24, 1891.
Third Constitution (1934)
In 1930, after severe political problems, President Washington Luís was overthrown by a coup d'état. The 1891 Constitution was annulled and the Provisional President Getúlio Vargas ruled as a de facto personal dictator, but the state landed elites (who had controlled the Brazilian state ever since independence) struggled to prevent this from continuing. In 1932, in São Paulo, the Constitutionalist Revolution demanded a Constitution. As a result, a Constitutional Assembly wa…
"Estado Novo" Constitution (1937)
On the night of November 10, 1937, Vargas announced in a nationwide radio address that he was seizing emergency powers under the pretext of suppressing a Communist-backed coup (the so-called Cohen Plan). On the same night, he promulgated a new constitution that effectively transformed his presidency into a legal dictatorship (the short interval suggesting that the self-…
Fifth Constitution (1946)
When Vargas was forced to resign in 1945, a new constitution was written, once again by a directly elected Constitutional Congress.
This was the first Brazilian constitution to provide full political freedom (even the Brazilian Communist Party was made legal, though briefly) and the last to officially name the country Estados Unidos do Brazil (and the spelling of the c…
Citizen Constitution (1988–present)
The seventh and current Brazilian Constitution was promulgated on October 5, 1988 after a two-year process in which it was written from scratch by a Constitutional Congress elected in 1986.
It appears as a reaction to the period of military dictatorship, seeking to guarantee all manner of rights and restricting the state's ability to limit freedo…
The 1824 Constitution
- Brazil's first constitution was its most enduring, lasting sixty-five years with only one amendment. Modeled upon the French Constitution of 1814, it established a hereditary Catholic monarchy, headed by the emperor Dom Pedro I. This document, containing 172 articles, inaugurated Brazil's tradition of complex and lengthy constitutions. It established a centralized, unitary system of go…
The 1891 Constitution
- In 1889 the monarchy was overthrown by the military, whose first act, drafted by Rui Barbosa, abolished the Constitution of 1824 and proclaimed the Republic of the United Statesof Brazil. Heavily influenced by the U.S. Constitution, the 1891 Constitution was Brazil's shortest, containing only ninety-one articles and eight transitional provisions. I...
The 1934 Constitution
- Even as amended, the 1891 Constitution never conformed to Brazilian political reality. It perished in 1930, a casualty of a military revolt that brought to power Getúlio Vargas, whose provisional government promptly modified the 1891 Constitution to assume dictatorial powers. An unsuccessful São Paulo revolt against the dictatorship eventually led to restoration of constituti…
The 1937 Constitution
- In 1937, the year before his presidential term was to expire, Vargas staged a coup d'état and proclaimed the Estado Nôvo, the "new state." Vargas replaced the 1934 Constitution with a constitution that enabled him to exercise dictatorial powers. This was a shadow constitution for two reasons. First, article 187 required that the constitution be ratified by a plebiscite, which wa…
The 1946 Constitution
- The Constitution of 1946 was even longer than its predecessors, containing 218 articles and 36 transitional provisions. Like the 1891 Constitution, it reflected the influence of the U.S. Constitution, particularly with respect to federalism. In structure and in protection of socioeconomic rights, it reflected the Weimar Constitution. As a reaction to the Vargas dictators…
The 1967 Constitution
- The 1967 Constitution, formally ratified by a Congress from which most political opposition had been purged, centralized power in the executive and in the federal government. The president was elected by an electoral college, but in practice only a military leader could be a candidate. The legislative provisions resembled those of the 1946 Constitution except for the authority of the pr…
The 1969 Constitution
- Whether the 1969 Constitution should be regarded as a new constitution or merely an amendment is an unsettled issue. This Constitution further strengthened executive powers, expanding the presidential term to five years and authorizing the president to issue decree-laws not only with respect to national security, but also taxation, creation of public employment, and public salaries…
The 1988 Constitution
- The 1988 Constitution is a lengthy, detailed, and convoluted document, originally containing 245 articles and 70 transitory provisions. Some of these articles run on for more than five pages, such as Article 5, which has 78 sections, many with multiple subsections. As of 22 May 2007, fifty-nine amendments have been enacted, many of which have made extensive changes to the original te…
Bibliography
- Agra, Walber de Moura. Curso de Direito Constitucional, Rio de Janeiro: Editora Forense, 2006. Senado Federal. Constituições do Brasil; DE 1824, 1891, 1934, 1937, 1946 E 1967 e Suas Alterações. 2 VOLS. Brasília: Senado Federal, Subsecretaria de Edições Técnicas, 1986. Alves, Francisco de Assis. "Constituições do Brasil." Revista de Direito Constitucional e Ciência Política…