Brazilian Constitutions

In the History of Brazil, since its Independence in 1822, the country is represented by one of the most important documents of a nation, called “Constitution ”.

This document composed of titles (paragraphs and articles), which presents the political and legal relations of a country, exposes the rights and duties of citizens and the State.

Brazilian Constitution Day is celebrated on March 25 , in honor of the date on which D. Pedro I signed the country's first Constitution, in 1824.

History and Characteristics of the Brazilian Constitutions

In total, Brazil had 8 Constitutions, and today the Constitution in force is the so-called “Constitution of 1988”.

If, on the one hand, there are those who claim that the country had a total of 8 Constitutions, another group believes that Brazil had only 7 Constitutions, since the 1969 document represents only a renewal of the previous one (1967 Constitution) by the Constitutional Amendment No. 1/1969.

Below is a brief summary of the history and important characteristics of each of these documents, essential for a better understanding of the history of Brazil.

1. Constitution of 1824

After the Proclamation of Independence by Dom Pedro I (1798-1834), in 1822, the country goes through an important process of consolidation of independence, which, however, was better developed with the emergence of the Constitution of 1824, granted by Dom Pedro I in March 25, 1824, entering into force the same year.

This document prepared by a Council of State represents the first and only Constitution of the period called “Brazil Empire”, since the next Constitutions were granted after the Proclamation of the Republic, that is, after 1889.

Composed of 179 articles, the first Constitution of Brazil, the longest in the country (lasting 65 years) had as its main characteristic the personal power of the Emperor, considered the supreme chief, called "Moderating Power", which was above the others. three powers:Executive, Legislative and Judiciary.

Already in Chapter I of the document, in articles 98 and 99, we observe this power granted to the Emperor:

In addition to this striking feature, the country's first Constitution granted the right to vote to free men and property owners, and those elected could only be rich, upon proof of income. The death penalty was included in the document.

2. Constitution of 1891

The second Constitution of Brazil and the first of the period of the Republic of Brazil, was granted on February 24, 1891, in the government of Deodoro da Fonseca (1827-1892), two years after the Proclamation of the Republic in the country.

Influenced by Positivism, this document was essential to consolidate the new form of republican government (federalism), to the detriment of the previous one:monarchical.

In other words, the parliamentary and centralizing model of the first Constitution (based on the Franco-British Constitution) was replaced by the presidentialist and decentralizing model, based on the US, Argentine and Swiss Constitutions.

For this reason, the "Moderating Power", characteristic of the monarchical system, was removed from the Constitution, in a way that established the attributions of each of the powers:executive, legislative and judiciary. In addition, the death penalty, approved by the previous Constitution, was withdrawn.

With regard to the right to vote, the 1891 Constitution expanded the field of action for Brazilians, even though it excluded illiterates and women. Thus, through the document, literate men over 21 years of age could vote (open vote).

Thus, the President of the Republic, considered head of the Executive Power, was elected for a period of four years, with no possibility of reelection.

Another important feature of this document was the separation between Church and State (secular state), where the Catholic religion is no longer the official religion of the country.

3. Constitution of 1934

The third Constitution of Brazil and the second of the republican period was the constitution that was in force for the shortest time in the country, that is, until 1937, when the period called Estado Novo begins.

It was granted on July 16, 1934 during the government of President Getúlio Vargas (1882-1954), inspired mainly by the German Constitution of the Weimar Republic.

It emerged shortly after the Constitutionalist Revolution of 1932, in São Paulo, which in turn was born out of the dissatisfaction of many São Paulo landowners against the government of Getúlio Vargas, after the Revolution of 1930, a coup d'état that deposed President Washington Luís and took Vargas to power.

One of the most striking features of the 1934 Charter, of an authoritarian and liberal nature, was the granting of the right to vote to women, being mandatory and secret from the age of 18 (except beggars and illiterates), thus leaving one of the characteristics of the previous Constitution, based on the open vote granted only to men.

It focused on social issues and labor issues, thus establishing the minimum wage, an eight-hour working day, weekly rest and paid vacations. It prohibited child labor and the difference in pay between men and women. From this, in addition to creating the Electoral Justice, it created the Labor Justice.

4. Constitution of 1937

The fourth Constitution of Brazil and the third of the republican period was also signed by President Getúlio Vargas. The 1937 Constitution was the country's first authoritarian constitution, so it focused on the interests of certain political groups.

It was granted on November 10, 1937, representing the document that founded the Estado Novo dictatorship in the country (Constitutional Charter of the Estado Novo).

After dissolving Congress, Vargas presented the “Letter of 1937”, a centralizing document, demonstrating a certain fascism and authoritarianism in the figure of the President of the Republic.

According to the 1937 Constitution, the President would be elected through indirect election, with a six-year term. Political parties were suppressed and the Legislative and Judiciary Powers were united, whose greater power was concentrated in the hands of the head of the executive branch, that is, the President.

In this way, the arrest and exile of government opponents was established, and freedom of the press was restricted, beginning the period marked by censorship.

Inspired by the Constitution of Poland, the 1937 Constitution became known as the “Polish Constitution”. One of the features that returned to the document was the death penalty, instituted by the first Constitution and abandoned by the second. In addition, the right to carry out labor strikes was vetoed.

5. Constitution of 1946

Enacted on September 18, 1946, the country's fifth Constitution and the fourth of the republican period, was signed by the President of the Republic and former Minister of War during the Getúlio government:the military officer Eurico Gaspar Dutra (1883-1974).

With a newly elected Congress (dissolved by the previous Constitution), the Constitution of 1946 was granted one year after the deposition of the former president, Getúlio Vargas, by the military coup of 1945.

Of democratic character, the new Constitution, composed of 218 articles, intended to resume some points expressed in the Constitution of 1934, which were removed by the one of 1937.

This document re-established the attributions and independence of each power (legislative, executive and judiciary), in addition to proposing the end of censorship, the death penalty and the right to strike, thus reinforcing the rights and individual freedom of citizens.

With a presidential regime, according to the new Constitution, the election for President of the Republic would take place directly, with a term of office of five years.

6. Constitution of 1967

After the military coup of 1964, which deposed the President of the Republic, João Goulart (1919-1976), better known as Jango, the sixth Constitution of Brazil and the fifth of the Republic, was promulgated on January 24, 1967, during the of the military Humberto Castelo Branco (1897-1967). It inaugurated the military regime in Brazil, which would last 21 years (1964-1985).

Under the 1967 Charter, the president would be indirectly elected within a five-year term. Furthermore, the concentration of power was centralized in the executive branch.

The death penalty and the limitation of the right to strike highlighted a greater political and military concern, to the detriment of the individual rights of citizens. With that, the arrival of the military in power promoted a new Constitution, dedicated to ending democratic issues, proposed by the Previous Constitution of 1946.

Once again in the country's political history, authoritarianism and the centralization of powers would result in the main marks of the 1967 Constitution, with the implementation of the Institutional Acts (AI's), proposed by the military.

In short, this legitimation mechanism granted the military extraordinary powers. In total, there were 17 institutional acts, and without a doubt, the one that received the most attention was AI-5 (Institutional Act number 5).

Enacted on December 13, 1968, AI-5, which resulted in the closing of the National Congress, was marked by the maximum authority of the military and the censorship of the media.

7. Constitution of 1969

Although it is not considered a new Constitution of Brazil, since it renewed the wording of the Constitution of 1967, through Amendment No. October 1969, in the government of the military Artur da Costa e Silva (1899-1969).

This document increased the force of the executive power, and from the Institutional Acts, AI-12 was, without a doubt, the Act that represented the strengthening of the military in power, insofar as it removed the current president, Artur da Costa e Silva, due to illness, putting the military on the political scene, and thus preventing the entry of civilians, such as the vice president, Pedro Aleixo.

At the same time, the implementation of the Press Law and the National Security Law reinforced the role of the military and certain political interests to the detriment of social interests.

To this end, the National Security Law that guaranteed the National Security of the State against the subversion of law and order, and the Press Law that restricted freedom of expression, configured by censorship, represented two important actions during the validity of the Constitution of 1969, which promoted the consolidation of the military regime in the country.

See also :The History of Brazil

8. Constitution of 1988

After the end of the Military Dictatorship in Brazil, in 1985, the Constitution of 1988, called the Citizen Constitution, strengthened the rights of citizens by guaranteeing their rights and duties, reinforced by the individual freedom of each one.

The 1988 Constitution, granted on October 5, 1988 during José Sarney's government, and which is in force to this day, presents the country's new reality, through a process of redemocratization, after the end of the military regime.

Among its main features are:end of censorship in the media, right to vote for the illiterate and young people, reduction of the weekly working hours from 48 to 44 hours, indemnity allowance of 40% of the FGTS, unemployment insurance, paid vacations plus one third of the salary, right to strike at work, maternity leave of 120 days and paternity leave of 5 days.