The constitution of Brazil

     Since 1822, Brazil has adopted seven constitutions. The first part was enacted in 1824 Brazil imperial constitution, the government of the Republic of Brazil in 1891 enacted the first constitution of the Republic of (for the second Brazil constitution), recently a constitution was enacted in 1988 seventh constitution.

The first constitution: Brazil imperial constitution (1824)

     In September 7, 1822, Brazil's independence from Portugal, the establishment of Brazil empire. In May 3, 1823, the Empire of Brazil first national constitutional conference, a total of 90 representatives. At this meeting, there is a conflict between native and exotic Brazilian portuguese. The big land aristocracy as the main body of the constitutional legislation Congress of Brazil emperor Pedro I the right to rule Brazil completely entrusted to the Portuguese nobility expressed strong dissatisfaction, and attempts through the draft constitution limit royalty. Pei had to force the dissolution of the legislative assembly, in November and the other set up a 10 person "State Council" (Conselho de Estado) is responsible for the drafting of the constitution, the new constitution in March 25, 1824 promulgated.

     Brazil imperial constitution is a mix of European Renaissance liberalism and the monarchy, while maintaining appropriate free at the same time, strengthen the king's power. According to the constitution, Brazil is a constitutional monarchy centralized state, provincial governor appointed by the emperor, no autonomy. Countries in legislation, judicial and administrative separation of the three powers, another "control" (Poder Moderador), directly responsible to the emperor, the emperor in order to control the other three rights. "Control" of the great powers, may request the emperor appointed senator for life, the dissolution of Parliament, to stop the judges. Parliament consists of the Senate and house of Representatives. The senator for life, nominated by the emperor, required only 40 years of age and have high income citizens of Brazil are eligible senator. Congressman is generated by a provincial electoral rules, only to meet certain conditions (including income) free personnel have the right to vote. In May 6, 1826, Brazil the first Senate set, a total of 50 senators. In May 31st, the establishment of the Brazil first session of the house of representatives.

     The Constitution also announced the speech and the freedom of the press, the abolition of newspaper check and ban slavery slavery, the Catholic Church is regarded as the national religion. The constitution is valid for a period of 67 years.

     In order to meet the federal requirements, the Constitution in 1834 was modified, canceled the emperor "control" mechanism of State Council, established a provincial legislation Congress (parliament). In 1847, Emperor Pedro S built the parliamentary system, while the establishment of the Council of ministers appointed by the emperor in the administration. But in fact, the emperor still has the right to dissolve parliament, has the right to decide the election. In 1881, the Empire of Brazil made the election law.

The second Constitution: the first Brazil republic constitution (1891)

     In November 15, 1889, Brazil's military overthrew the monarchy to establish a republic. In September 15, 1890 for a constituent assembly in the constituent assembly, the draft constitution submitted before the examination, had been amended by Brazil famous jurist Rui Barbosa. In February 24, 1891, Brazil enacted the first Republic constitution.

     The constitution to USA Federal Constitution for future reference, some provisions in the constitution of Switzerland and Argentina added. Brazil of the United States of Brazil (Estados Unidos do Brasil), as the libertarian federalism framework, change as states, states with a high degree of autonomy. The constitution allows the range states may enact local regulations in accordance with the state situation, especially have great power in economy, can the export tax, tax, tax, industrial railway post tax etc.. The state set up the Federal Supreme Court Management National Judicial, state a state court management state. The implementation of the presidential system, presidential term of 4 years, shall not be reelected. The separation of church and state, or free, direct election of the president, Senator (a term of 9 years) and representative (a term of 4 years). Males reaching the age of 21 have the right to vote, but women, illiteracy, soldiers and religious personnel without voting rights. The new constitution embodies the democracy of the bourgeoisie, stipulates that citizens are equal before the law, enjoy the belief, speech, publication, assembly, such as employment, the right to freedom of petition.

     The constitution was amended in 1929, became a part of nationalism and statism constitutional, but in 1930 after the Vargas revolution was abolished.

The third Constitution: the constitution of 1934

     In July 15, 1934, the national constituent assembly through indirect election for president Vargas, a new constitution was adopted and promulgated in July 16th. A new constitution and the constitution of 1891 similar to Germany in 1919, the constitution of Weimar and Spain in 1831 constitution for the future, the electoral law of 1932 a Kuan, expanded the power of federal government, have the right to economic monopoly and nationalization, limiting the Senate authority. The relationship between the coordination of administrative, legislative and judicial three, the establishment of a national security committee. Establish the election court and the Labour Court rules, women have the vote, the voting age from 21 years old to 18 years old. The 8 years of compulsory education, determine the minimum wage system, the implementation of 8 hour working week, a day off , paid holidays, without laying off workers to compensation, prohibit the use of children below 14 years old, the night shift prohibition of child below 16 years old. But because of the Communist Party in 1935 "uprising" and fascist tendency overall movement and Vargas's own reasons, this constitution was never seriously implement the established in 1937 November, Vargas's self coup and the "new country" announced the abolition of the constitution.

The fourth constitution:1937Years of constitution

     In November 10, 1937, Vargas launched the "self coup", announced the establishment of "a new country" ("Novo Estado"), the abolition of the 1934 constitution, promulgated a new constitution. The new constitution has obvious tendency of European fascism, modeled on the 1935 Poland dictatorship constitution, known as the "Poland constitution". The Vargas dictatorship, announced the cancellation of the party, to stop the free elections and judicial independence, abolished the autonomy, separation of the three powers and states. Shut down parliament in the name of security, stop, parliamentary immunity, allowing the detention, exile opposition, also provides for the death penalty. Establishment of indirect election system, the presidential term from 4 years extended to 6 years, will power concentrated in the hands of the president. In fact, the Constitution did not seriously implement. Vargas in 1937 during ~1945 entirely on form of law rule in Brazil.

The fifth constitution:1946Years of constitution

     In 1945 October, the resignation of President Vargas. The new president Dutra in 1946 January after the inauguration, a constituent assembly, in September 18, 1946 promulgated a new constitution. The Constitution and the constitution of 1934 similar, more democratic tendencies, it marks the promulgation of the Second World War II Nazi fascism failed and Vargas "new country" bankruptcy. The new constitution cancel the system of censorship and the death penalty, restore the separation of the three powers and the state City Hall autonomy, direct election of the president, presidential term to 5 years, the trade union as institutions of cooperation countries. But the constitution promulgated in second years, the highest in Brazil federal court in USA under pressure, announced that the Communist Party of Brazil is illegal, the labor department also shut down by the workers Communist Party control of the Federation (CGT). In 1948 Congress passed a law, cancel qualification of ginseng congressman elected representatives of the Communist party. To 1967, the constitution was abolished so far, a total of the 20 amendment to the Constitution and 40 additional proposal.

The sixth constitution:1967Years of the military regime constitution

     In March 31, 1964, Brazil's military staged a coup. In April 9th, the military government promulgated the first number system (Ato Institucional). The provisions of 24 hours to elect a new president, declared martial law in 30 days, stop the constitutional guarantee 6 months (mean citizenship).

     In October 27, 1965, the military government issued second system method. The law grants the president promulgates laws and the power to amend the constitution, declaring martial law, revocation of officials and has the right to deprive any civil and political rights for ten years of power. Requires the president to implement indirect election, banned 13 national parties have since 1945, a bipartisan (ruling party national innovation alliance and opposition party, the democratic movement of Brazil). In addition, there are a lot of strengthening the federal government regulations on state intervention powers.

     In December 13, 1968, the military government promulgated Law No. fifth system. This method gives the president the dissolution of Parliament, to amend the constitution, confiscation of property and deprivation of political rights of great authoritarian right opposition.

     In April 9, 1964 ~1969 year in October 4th, Brazil's military government has promulgated 17 system method. System of law is the main legal form of military government promulgated by the first 5 years, revise the provisions before the constitution legislation, administrative and judicial system, the military will impose.

     In January 14, 1967, the military government promulgated a new constitution. The new constitution began in March 15th of that year in force. The new constitution in maintaining the "Federal Constitution" stipulated in 1946 for the state at the same time, expansion of the administrative power, especially the power of the president. The president proposed amendments to the Constitution and state in case of emergency issued a legal decree powers. Provisions of the president and the vice president by the electoral college indirect elections. This is the 1964 military power after the promulgation of a series of system and method of the final summary, in the form of constitution will ensure the implementation of the military, is a military regime service dictatorial constitution.

     Brazil's military has established the new authoritarian centralization of state power through a coup in 1964, characterized by the combination of military and civilian elites to govern the country. "Security and development" is the main guiding ideology, economic internationalization. The one party dictatorship in this system is in fact, the opposition of persecution, forced a large number of politicians, union leaders, intellectuals and rebel soldiers are in exile. The state parliamentary and presidential election rather than actually specified by soldiers, executive power of the government has been greatly expanded, and the legislative and judicial activity has been greatly constraints.

     In 1974, strongly opposed to the broad masses of the people, the military government was forced to cancel the system of law, democratic, open, restored parliamentary powers, and in 1985 the people of.

The seventh constitution:1988Years of constitution

     The 1985 military people, Sally became president in October 5, 1988, promulgated a new constitution. This is the military regime after the end of the first formulated by the literati political constitution. The Constitution with the 1976 Portuguese constitution identical, emphasized the importance of individual freedom and public freedom, freedom, equality, provisions of the life, security and property right of inviolability. Restored after a military coup in 1964 cancelled parliamentary powers in respect of national legislation and policy, significantly weakened the powers of the president and the federal government, a corresponding expansion of autonomy state, local government, reform of the electoral system, known as the "civil constitution". In 1993, Parliament passed an amendment to the constitution, the presidential term from 5 years to 4 years.

     The 1990 Brazil policy of opening to the outside world, the constitution of many of the Kuan were modified, in order to adapt to the economic internationalization requirements, such as emphasis on the reduction of state intervention in the economy, the state-owned enterprise privatization. In 1992, Congress amended the constitution, emphasize the role of private enterprise in national economy, allow foreign ships to participate in Brazil coastal and inland waterway transport, allow private enterprises (including foreign-invested enterprises) in the Brazil oil and gas exploration, mining, smelting and parts sales, foreign investment is allowed to participate in the development of Brazil mineral and water resources, cancel the limits of Brazil enterprises and foreign enterprises, at the same time, the constitution of the social security system (such as women's work for 30 years and the male work full 35 years of retirement), tax system, civil service system (such as the abolition of the original occupation stability etc.) were modified.