Constitution of Brazil

Constitution of Brazil

The Constitution of Brazil is the supreme law of the Federative Republic of Brazil. It was promulgated on October 5, 1988, and is the seventh constitution in Brazilian history. The current constitution marked the end of a military regime and the beginning of a new democratic era in Brazil.

Historical Background

The history of Brazilian constitutions reflects the country's political evolution. The first constitution was enacted in 1824, following Brazil's independence from Portugal. Subsequent constitutions were adopted in 1891, 1934, 1937, 1946, and 1967, each reflecting the political and social changes of their times.

The 1988 Constitution was drafted in the context of Brazil's transition from a military dictatorship, which lasted from 1964 to 1985, to a democratic government. The drafting process involved extensive public participation and debate, resulting in a document that emphasizes human rights, social justice, and the separation of powers.

Structure

The Constitution of 1988 is composed of a preamble, 250 articles, and several amendments. It is divided into nine titles, which cover the following areas:

• Title I: Fundamental Principles
• Title II: Fundamental Rights and Guarantees
• Title III: The Organization of the State
• Title IV: The Organization of the Powers
• Title V: The Defense of the State and Democratic Institutions
• Title VI: Taxation and Budget
• Title VII: The Economic and Financial Order
• Title VIII: The Social Order
• Title IX: General Constitutional Provisions

Fundamental Principles

The Constitution establishes Brazil as a democratic state governed by the rule of law. It enshrines the principles of sovereignty, citizenship, dignity of the human person, social values of labor and free enterprise, and political pluralism.

Fundamental Rights and Guarantees

The Constitution guarantees a wide range of civil, political, social, and economic rights. It includes provisions for the protection of individual freedoms, such as freedom of speech, religion, and assembly. It also emphasizes social rights, including the right to education, health, and social security.

Organization of the State

Brazil is a federation composed of the Union, the states, the Federal District, and the municipalities. The Constitution outlines the distribution of powers and responsibilities among these entities, ensuring a balance between central authority and regional autonomy.

Organization of the Powers

The Constitution establishes a system of separation of powers among the executive, legislative, and judicial branches. The President of the Republic is the head of state and government, elected for a four-year term. The National Congress, composed of the Chamber of Deputies and the Federal Senate, exercises legislative power. The judiciary is independent, with the Supreme Federal Court as the highest court.

Amendments

Since its promulgation, the Constitution has been amended numerous times to address emerging issues and challenges. Amendments require approval by a three-fifths majority in both houses of Congress, in two rounds of voting.

Impact and Significance

The 1988 Constitution is often referred to as the "Citizen Constitution" due to its strong emphasis on human rights and social justice. It has played a crucial role in consolidating democracy in Brazil and has been a foundation for legal and institutional reforms.

See Also

• History of Brazil
• Politics of Brazil
• Law of Brazil

References

• Official text of the Constitution of Brazil
• Constitutional history of Brazil

External Links

• Supreme Federal Court of Brazil

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  Cover of the 1988 Constitution of Brazil

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  1988 Constitution of Brazil at the Supreme Federal Court Museum

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  Roberto Campos

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  Constitution of Brazil, 2019