Born from the process of redemocratization that ended 21 years of dictatorship (1964–1985), the Brazilian Constitution celebrates its 35th anniversary this month. In effect since October 5, 1988, it is the seventh constitutional text promulgated since 1824, when Emperor Pedro I imposed his first set of laws on the country.
Although the text approved by the constituents has already undergone 143 amendments — 131 through regular amendments, six through amendments approved in the constitutional revision of 1994, and another six due to Brazil’s adherence to international human rights treaties — the current Constitution is the second longest-lasting since the proclamation of the republic in 1889, surpassed only by the second Constitution, which was in effect for 43 years (1891–1934).
The document is commonly referred to as the “Citizen Constitution,” as it expanded civil liberties and individual rights, established the state’s responsibility to guarantee them to all citizens, and defined Brazil as a democratic state founded on national sovereignty, human dignity, political pluralism, and the social values of work and free enterprise.
“The Constitution of 1988 is the result of redemocratization and the establishment of the country’s democratic order,” commented Rosa Weber, former president of the Supreme Federal Court, shortly before retiring from the judiciary in September.
Popular participation
Another reason why the 1988 text should still be called the Citizen Constitution, after three and a half decades of profound social and cultural changes, is the fact that grassroots groups participated in its drafting in an unprecedented way.
In the rules governing the activities of the Constituent Assembly, lawmakers stipulated, among other things, that the constituents should welcome and examine suggestions from state and municipal legislative bodies, as well as from associations and courts. The rules also recommended that they consider popular amendments with more than 30,000 signatures from Brazilian voters and those supported by at least three entities.
One hundred and twenty-two popular amendments, which together received about 13 million signatures, were presented to the Systematization Commission. Eighty-three of them met all the requirements, but only 19 received favorable opinions and were incorporated into the Constitution, resulting in the approval of important legal instruments, such as the one that allows organized society to propose bills to the Chamber of Deputies.
Highlighted facts about the Constitution
• Right to education
The 1988 Constitution established education as a right for all and a duty of the state. Furthermore, the Magna Carta determines that elementary education must be compulsory and free.
• Guarantee of human rights
The Brazilian Constitution is one of the most advanced in the world regarding the protection of human rights. The document guarantees, for example, equality between men and women, freedom of expression, freedom of worship, and the right to housing.
• Separation of powers
The Federal Constitution establishes the separation of the Executive, Legislative, and Judicial Powers. This division of functions is essential to ensure democracy and transparency in public management.
• Reelection amendment
In 1997, a constitutional amendment was approved that allowed the reelection of presidents, governors, and mayors. The measure was quite controversial and generated criticism for enabling the perpetuation of power. Fernando Henrique Cardoso, who was president when the amendment was promulgated, was investigated for allegedly buying votes to approve the law. The investigation was merely a formality and resulted in nothing. Mr. Cardoso has always denied the accusation. He launched his reelection campaign the day after the law was promulgated. He won and governed Brazil for another four years.
Source: Agência Brasil and Poder 360