The "Constitution of the Federative Republic of Brazil ", "Citizen Constitution " or simply "Constitution of 1988 " was enacted on October 5, 1988.
It was the seventh constitution of Brazil since its independence in 1822 and the sixth of the republican period.
Abstract
Deputy Ulysses Guimarães holds up a copy of the Constitution on the day of its promulgation
The document was prepared by the National Constituent Assembly, democratically elected on November 15, 1986, and chaired by Ulysses Guimarães. At the time, the President of the Republic was José Sarney.
The work of the Constituent Assembly took place from February 1987 to September 1988 and marked the country's redemocratization process after the military regime.
Key Features
1. Labor Rights
The new constitution consolidated several achievements for workers, such as:
- The 40% indemnity allowance of the FGTS on dismissal and unemployment insurance;
- The vacation allowance and the 13th salary for retirees;
- 44-hour workweek, when it used to be 48 hours;
- 120 days maternity leave and 5 days paternity leave;
- Right to strike and freedom of association.
2. Human Rights
In addition, several other achievements have been achieved in the field of human rights:
- End media censorship;
- Freedom of expression;
- Children's and Adolescents' Rights;
- Direct and universal elections with two rounds;
- Right to vote for the illiterate;
- Optional voting for young people between 16 and 18;
- The practice of racism has become a non-bailable crime;
- Prohibition of torture;
- Gender equality;
- Promotion of female work.
3. Indigenous Population
The Constitution of 1988 determined that the Indians would have possession of the lands they occupied as well as those they traditionally occupied.
It also guarantees the Union the right to legislate on the Indians and guarantee the preservation of their customs, languages and traditions.
4. Quilombolas
Likewise, the 1988 Constitution recognized the right of tenure to lands occupied by remnants of Quilombos.
Structure of the Federal Constitution
The 1988 Constitution is structured in nine titles, namely:
- Title I - Fundamental Principles
- Title II - Fundamental Rights and Guarantees
- Title III - Organization of the State
- Title IV - Organization of Powers
- Title V - Defense of the State and Institutions
- Title VI - Taxation and Budget
- Title VII - Economic and Financial Order
- Title VIII - Social Order
- Title IX - General Provisions
The Constitution governs the country's legal system, establishing rules that regulate and pacify the conflicts of interest of the groups that make up a society.
Changes to the text of the constitution are provided for by law and can be made through constitutional amendment.
With the exception of the stony clauses (the one that cannot be changed), among them are:
- The Federative State System;
- Direct, secret, universal and periodic voting;
- The separation of powers;
- Individual rights and guarantees.
After 25 years in force, completed on October 5, 2013, the Constitution has already received 75 constitutional amendments.
Check the updated document in full by downloading the PDF here:Constitution of 1988.
Read more:
- José Sarney
- Military Dictatorship in Brazil
- Feminism in Brazil
- Brazilian Constitutions
- Redemocratization of Brazil
- Fernando Henrique Cardoso
- Florestan Fernandes
- Death Penalty
- LDB (updated in 2019)