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The Constitution
After the monarchy was abolished, Brazil’s first Constitution
under the Republic (1891) established a presidential system and
three independent powers: Executive, Legislative, and Judiciary.
This structure was retained in Brazil’s six subsequent republican
constitutions, including the present one, drafted by a specially
empowered National Congress elected in 1986, and formally promulgated
on October 5, 1988. The 1988 Constitution incorporates a great
many new concepts ranging from environmental protection to increased
powers for the legislature in its relationship with the Executive.
Since 1992 important amendments have been adopted mostly pertaining
to economic issues.
Brazil is a federative republic composed of
26 States and one Federal District where Brasília, the capital
of the country, is situated. Each State has its own government,
with a structure that
mirrors the federal level, enjoying all the powers (defined in
its own Constitution) which are not specifically reserved for the
federal government or assigned to the Municipal Councils. The head
of the state executive is the Governor, elected by direct popular
vote under the Federal Constitution. The one-chamber state legislature
is a State Assembly. The state judiciary follows the federal pattern
and has its jurisdiction defined so as to avoid any conflict or
superimposition with the federal courts.
There are also over 5,500
municipalities, which are governed by mayors and have Municipal
Councils that are autonomous in strictly
local affairs. The Municipal Councils operate under the provisions
of the Basic Law of Municipalities.
The Legislature
The national legislature is the
Congresso Nacional (National Congress), composed of two houses,
the Câmara dos Deputados (Chamber
of Deputies) and the Senado Federal (Federal Senate).
The number
of members in the Chamber of Deputies from each State and the
Federal District is proportional to its population. Deputies
are elected for four-year terms by direct secret ballot under
the system (adopted for all elections for public office) of universal
franchise.
The Senate is composed by three Senators from each
state and the Federal District, elected for a term of eight years.
Senatorial
elections are staggered (one-third and then two-thirds) every four
years, in elections held concomitantly with those for the Chamber
of Deputies. A Deputy and a Senator can stand for re-election without
restriction. In 2004 there were 81 Senators and 513 members of
the Chamber of Deputies.
The Executive
The President of the Republic heads
the Executive, with its powers clearly defined in the Contitution.
The President and the Vice
President are elected by direct vote for a four-year term. An amendment
to the Constitution in 1997 permits the President and the Vice
President to serve a second consecutive term.
The President appoints
the Cabinet Ministers who are directly responsible to him and
who can be dismissed at any time. A Minister may be
summoned to appear before the Chamber of Deputies, the Senate,
or any of its committees.
The Judiciary
Judicial powers are vested in the
Supremo Tribunal Federal (Federal Supreme Court), in the Superior
Tribunal de Justiça (Superior
Court of Justice), regional courts, and in specific courts for
electoral, labor, military, and other matters.
The Federal Supreme
Court is at the apex of the judicial system. It has its seat in
the national capital, Brasília, but holds
jurisdiction throughout the country. It is composed of eleven judges,
of proven legal and constitutional training and experience, whom
are appointed by the President of the Republic, with the approval
of the Senate.
Voting System
Voting is universal and compulsory
for all literate citizens from 18 to 70 years of age. Voting
is optional for citizens
aged 16
and 17, for senior citizens above 70, and for illiterates of
any age.
The candidates must belong to a political party.
The registration of a political party is done by the Higher
Electoral Tribunal,
following the fulfillment of certain minimum requirements
established by legislation. In a presidential or a gubernatorial
election
a candidate must receive an absolute majority to win the
election. If no candidate receives this mandate the two best-voted
candidates
compete in a second round held 20 days after the first vote.
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