The Constitution of 1988 marks the creation of a new Brazilian state. Known as the Citizen Constitution, the magna carta celebrated its 30th anniversary last October.
Sparked by intense popular demand after 21 years of military dictatorship, the Federal Constitution of 1988 was the first in the country’s history to include amendments from ordinary citizens and representative entities, in addition to those from the 559 parliamentarians who worked tirelessly for 20 months in the National Constituent Assembly convened in 1985. All with the same goal: to sweep away the remnants that reminded the country of its dictatorial period.
To encourage popular participation, a team coordinated by Mozart Vianna de Paiva, former Secretary-General of the Chamber of Deputies, collected suggestions and submitted them to the members of the Assembly. There were 72,719 proposals from citizens across the country, in addition to another 12,000 suggestions from constituents 
and representative entities. Because of this mass participation, the text is also known as the Citizen Constitution.
According to Vianna, the Constitution of 1988 was the first built from scratch with popular initiatives in its content. “It was a wonderful moment of civic effervescence. There was a general clamor, an energy, a civic will from the people, the cities, the constituent parliamentarians, and us, public servants. We worked hard, but with great pleasure,” he said.
Claims
Under the military regime, Brazil witnessed many demonstrations and marches driven by the desire for change brought about by the times of dictatorship. Among the appeals was the need to convene a free and sovereign Constituent Assembly, aimed at adopting a new Constitution, which would mean changes in habits, customs, and experiences. Another popular clamor was the Diretas Já movement.
With the election of Tancredo Neves in January 1985 to the Presidency of the Republic, made under the promise that it would be the last indirect election in the country, the Brazilian population began to believe it would happen. With Neves’ death on April 21 of the same year, Vice President José Sarney assumed the presidential office and made the fulfillment of the promises possible.
“It was a moment of recovering rights, above all. And this was possible, to some extent, because of the great mobilization of the population, especially from the more organized segments and categories,” said Jorge Hage, a constituent deputy and former head of the 
Office of the Comptroller General of the Union.
Detailed Constitution
The draft of the new Constitution began in July 1985. The first version was delivered in September of the following year and, although it was not officially submitted to Congress, it was published and served as a basis for many of the constituents who officially debated the new Constitution through the National Constituent Assembly in February 1987.
“Today, it may seem very detailed, but those [who worked on it] at the time know that things happened under a regime of forces that we needed to ensure would never happen again in Brazil. There were violations of individual rights, imprisonment without a court order, torture, deaths. It was necessary to put a stop to those things, so they would never happen again. There’s nothing better than putting them in the Constitution,” he reflected.
Guarantee of Broad Defense
Antonio Rodrigo Machado, president of the Anti-Corruption Legislation and Compliance Commission of the Federal District section of the Brazilian Bar Association, which acts in the constitutional and criminal areas, explained that the Constitution of 1988 was a historic milestone with significant gains for citizens. One of the flagship initiatives was the general defense system for the accused, which provided the guarantee of broad defense and the right to contradict, both of which were not present during the military period 
.
“The constitutional system, unlike the dictatorial period, ensures that all accused citizens go through a legitimate process, with the possibility of defense. This enshrinement of rights for the accused is a significant milestone,” he said.
The Five Foundations of the Federative Republic of Brazil
• Sovereignty: Within national territory, there is no power above the power of the State;
• Citizenship: Includes all political rights and obligations, such as voting and being voted for;
• Dignity of the Human Person: Bodily injury and rape are considered crimes against human dignity, according to the Brazilian Penal Code;
• Social Values of Work and Free Initiative: the individual must have the right to grow, develop, or undertake through their work and free initiative;
• Political Pluralism: Admission of opposing ideas in all situations.
Source: Brazilgovnews