The Constitution of 1824 is known as the first Constitution in the history of our country. This document was prepared in the context of post-independence Brazil. Its production process was tense and marked by conflicts between d. Pedro I, Emperor of Brazil, and the members of the Constituent Assembly.
D. Pedro I made him turn against the constituents and grant, that is, impose a Constitution. The 1824 Constitution ratified the monarchy as a form of government in Brazil and granted broad rights to the emperor through a fourth power known as the Moderating Power.
Login also :The main events that marked the First Reign
Antecedent context
The Constitution of 1824 was a necessary document to organize Brazil institutionally after its declaration of independence, on September 7, 1822. This process, in addition to being influenced by the international context, of spreading the liberal ideals and contestation of the colonial order, was motivated by the weariness of the relationship between Portugal and Brazil .
It is always important to remember that, since 1808, the Portuguese royal family was established in Brazilian territory as a consequence of Napoleon Bonaparte's conflicts in Europe. Once in Brazil, the regent of Portugal, d. João (became D. João VI from 1816) carried out a series of measures that guaranteed a new status for the country.
The Portuguese regent carried out the opening of Brazilian trade for friendly nations, he encouraged artistic and scientific development here, he promoted movements of territorial expansion in South America , and, in 1815, elevated Brazil to the status of a kingdom , in practice, making it stop being just a colony and become part of Portugal.
However, the stay of the Portuguese king in Rio de Janeiro and the improvements that Brazil underwent in this period began to displease the Portuguese. This dissatisfaction took on a consistent form when Portuguese politics began to be influenced by liberal ideals. It then began to strongly defend a constitutional monarchy in the country, based on the king's return to Lisbon.
From there was born the Liberal Revolution of Porto , a liberal uprising that broke out in Portugal in 1820. A provisional government was formed with the name of Cortes Portuguesas, and debates for the drafting of a new Constitution were started. A demand that became an essential agenda for Portuguese liberals was the return of d. João VI to the metropolis.
The pressure exerted caused d. João VI returned to Portugal in April 1821, but his son, Pedro de Alcântara, remained in Brazil as regent . The attitude of the Portuguese towards Brazil also contributed to the distance between the two sides, because the Portuguese liberals wanted to implement measures that, in practice, meant Brazilian recolonization.
At first, there was some enthusiasm from Brazilian authorities with what was happening in Portugal, as they understood that it could lead to more freedom here. However, when the Brazilians realized the recolonizing intentions, a strain emerged, and the relationship with the Portuguese gradually worsened throughout 1821, especially from 1822 onwards.
D. Pedro became a great personality in Brazil, and, supported by José Bonifácio de Andrada and Maria Leopoldina , wife of d. Pedro, the Prince Regent took a leading role in the independence process. In January 1822, he refused to return to Portugal; in May 1822, he announced the “Comprase”, a measure that determined that Portuguese laws would only be valid in Brazil with his approval.
The strain on the relationship led Brazil to the path of rupture, and d. Pedro, realizing that the climate here was favorable and that the relationship with Portugal was unfeasible, declared independence on September 7, 1822, during a trip to São Paulo. This made him crowned Emperor of Brazil and created the need for a Constitution for the new country to be organized.
See more :Pernambuco Revolution - last of a separatist character before independence
Constituent Assembly of 1823
The elaboration of a Constitution involved the formation of an Assembly Constituent (institution formed by parliamentarians that works on the drafting of the document). Here in Brazil, a Constituent Assembly had been formed even before independence was declared, as those who defended this idea had already realized that the country did not have a political institution to administer it.
So d. Pedro came under pressure to convene a Constituent Assembly, and, as a result, it was ordered on June 3, 1822. This already demonstrated an express intention of independence, as the convening document spoke of “independence moderated by the national union ”.
The Constituent Assembly began its work only on May 3, 1823 . Before that, the deputies had met, on April 17, 1823, as members of the Legislative Assembly, and, of the 90 elected deputies , only 52 were present. They formed Brazil's elite , and many were bachelors, military, priests, large landowners, etc.
Politically, the deputies who were part of the Constituent Assembly formed two ideologically distinct groups that were defined by historians as “conservative” and “liberal”. Briefly, we can define them as follows:
- Conservatives :they formed the “Portuguese party”, which defended the establishment of a monarchy in Brazil along absolutist lines. There were a large number of Portuguese in them.
- Liberals :formed the “Brazilian party” and defended the implementation of some civil and political liberties in Brazil. They defended a constitutional monarchy, marked by the limitation of the emperor's powers, and a very clear division of the jurisdiction of each of the three powers. Within the liberals, there was a wing known as the “exalted”, which advocated deeper changes in the country — which included a federalist system, the abolition of slave labor and the establishment of a republic.
The work carried out by the constituents had to deal with the ideological division that existed in the Constituent Assembly. With regard to the relationship with the emperor, initially, the bond between the parliamentarians and him was quite friendly, and there is also talk of a cordial posture on the part of the emperor.
This situation changed radically when the constituents finalized, in November 1823, the text of the proposed Constitution that received the name of Constitution da Cassava . This model did not please d. Pedro, who intervened in the situation in a authoritarian way . The Constituent Assembly was closed, some parliamentarians were arrested, and the Cassava Constitution was barred.
What d. Pedro was specifically that this document proposed the division of powers, but created mechanisms that subjected the Executive to the Legislative . Thus, the emperor's powers would be limited and parliamentarians would have broad political powers. In addition, an item prohibited foreigners from holding political office in Brazil.
The two proposals did not please the emperor as much as the members of the Portuguese party, and both came closer during the period of operation of the Constituent Assembly. The closing of the Constituent Assembly took place on November 12, 1823, and this event was named Night of Agony .
Login also :Citizen Constitution, the current Constitution of Brazil
Constitution of 1824
With the closing of the Constituent Assembly, d. Pedro I brought together the members of the Council of State and, for 15 days, they worked on drafting a new Constitution. This second version was granted by the Emperor on March 25, 1824. The term “granted” means that it was written and approved in a way one-sided , that is, without debates. The first Constitution of Brazil was, therefore, imposed by d. Pedro I.
The Constitution of 1824 had a strong influence of liberalism French and imposed the monarchy as a form of government. Furthermore, the passage of power would be carried out in a hereditary manner , that is, power would remain in the Bragança lineage. A representative system was stipulated, however, via elections indirect .
The right to vote was based on a census criterion , and only men over 25 years of age who had an annual income equal to or greater than 100 thousand réis could vote. Illiterates were allowed to vote, and freedmen could vote in the first instance of the elections.
In the interests of the emperor, the division of power took place through four powers :Executive , Legislative , Judicial and Moderator . The fourth power was represented exclusively by the emperor and was above the rest. The Constitution of 1824 therefore proved to be quite centralizing .
So the emperor had unrestricted powers to rule the country . He could make appointments in the Executive and Judiciary branches and was also unaccountable, that is, he could not answer in court for actions taken in government. This Constitution also guaranteed him the right to grant titles of nobility. The existing nobility titles in Brazil were:baron, viscount, count, marquis and duke.
This Constitution also guaranteed civil and political liberties , protecting rights such as religious freedom and private property. The slavery has been kept in effect , as the document did not mention anything about this institution. The only mention of slaves says that they did not have the right to vote.
Finally, the authoritative way d. Pedro I dealt with the process of drafting the Constitution and created deep marks that left his relationship with parliamentarians very shaken throughout the First Reign. Other wrong decisions led to a situation of friction so intense that the emperor had to resign in 1831 .
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