It was King João VI. Son Pedro I, who ordered the formal since the Congress of Vienna in 1814/15 Equality of Brazil and Portugal follow the official independence of Brazil.
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At 07 September 1822 Pedro I declared Brazil independent and prompted the drafting of a constitution through a constitutional convention. Quickly it came to open factional dispute. The Convention called for a liberal democracy North American-style, Pedro I for a constitutional monarchy French model. As the battle lines hardened, Pedro I was on 12 November 1823, the delegates of the Convention by the army arrested and charged ten members of the royalist party Portuguese draft a new constitution. On 25 March 1824 had finished their work.


Unlike the busy revolutions, violent upheavals, military coups and coup d'états disastrous in neighboring Latin American countries found the transition from foreign occupation to political independence in Brazil instead of comparatively unspectacular. Pedro I had prevailed in conflict with the Constitutional Convention with his concept of monarchical continuity. For the next six decades (1822-1889) of the Portuguese monarchy was followed by a Brazilian constitutional monarchy (known Constituiҫão Política do Império do Brasil), in both the Emperor, Pedro I and Pedro II, as the descendants of King João VI ruled the country.
The Primeiro Reinado Pedro I (1822-1831) was based in part on a literal imitation of the French restoration constitutions. In addition to a constitutional monarchy and the king as head of the executive included the initial establishment of the separation of powers principle to the core components of the Constitution of 1824. Article 95 of the Imperial Constitution enshrined the democratic idea of ​​Montesquieu in establishing the three branches of government, legislative, executive and judicial branches as equal, but institutionally independent authorities.

But in contrast to the classical model of Montesquieu, the Brazilian Imperial Constitution implemented in Articles 98-101, the rarity of the fourth estate, the so-called moderating or moderating power (poder moderador). This fourth task force was to coordinate the three traditional powers in order to stabilize this way the new constitutional order.

In fact, Pedro I understood as personalized moderator poder the flexible powers of the fourth estate to use a concentration of power. Although the Parliament exercised nominal control of the constitutional provision (Article 15, para 8). De facto, however, it was Pedro I in all the major public and constitutional questions as poder moderador or as head of the executive complained about the final decision-making power for themselves. Thus he authorized the constitution to appoint and dismiss ministers (Article 101 paragraph 6) to suspend judge (Article 101 § 7) to select senators, laws and refuse to dissolve the Chamber of Deputies (Article 101 5). A council advised the king on these issues.

While Pedro I essentially corresponded to the leadership style of a traditional monarchical reign, his successor, Pedro II, presented at the Segundo Reinado (1831-1889). From the start as a political, cooperative leaders Made his interest in the Brazilian population, it also to the Brazilian national hero who led his lack of sense of political collusion him. In the political isolation and in the center of domestic tensions

The Powder Keg between Monarch one hand and influential nobles and landowners on the other exploded in the slavery issue. Although slavery was outlawed in 1853 in Brazil, but not banned. Pedro II was the distinction between "free-born" and "liberated" slaves but not far enough. In 1888 he signed a slavery finally completely abschaffendes Act of Parliament. The ban slaves met the elite of the powerful Sao Paulo. Pedro II days were numbered, not least because of his age and susceptibility to disease. Unrest spread out across the country, on 15 November 1889 came the coup. Nobles and upper classes, together with the Brazilian Army, the Emperor Pedro II forced into exile in Paris. The way for a new beginning, which was República Velha, free. But certain conditions the first that allowed the coup: the military generals Deodoro da Fonseca and Floriano Peixoto, the first two presidents of the First Republic.

In 1891, nearly 70 years after the attainment of political independence, the era of the monarchy in Brazil, with the exclamation of the First Republic by Marshal Manuel Deodoro da Fonseca was on 24 Ended in February 1891. A new constitution was to document the beginning.

A decree of 03 December 1889 convened a special judicial commission to draw up a draft constitution (anteprojeto). This group of experts, known as the Comissão dos Cinco, joined together for the first time in January 1890, led by Saldanha Marinho. Under pressure from the political vacuum succeeded the five experts on 24 May 1890 to present its draft constitution (projeto primitivo). Rui Barbosa was responsible for the important task of design correction. After re-checking by the Provisional Revolutionary Cabinet could Substitutivo do Governo Provisorio be officially published.

On 15 November 1890, exactly one year after the dismissal of Pedro II, the newly established Brazilian Congress came together for the first time. The provisional government decreed the 205 deputies and 63 senators present one month deadline to adopt the proposed Constitution. Then the Brazilian Congress began on 22 November 1890 a constitution Commission, the Commission of the famous 21 (Comissão dos 21), on which the 21st February 1891 presented a final draft and three days later they finally officially announced. How great were the hopes of showing visions of Deputies:

"After 15 months, the revolutionary government enters into the state of the law. Our Fatherland "has from now on a liberal democratic constitution, which allows to develop progressive, acquire wealth and in South America to the North American model of the same.

Primarily that these ambitious plans, the Constitution of the United States rather than the constitutions of the Iberian neighbors, Europe and even its own constitutional innovations, such as the first Republican Constitution Project (Projeto Constituiҫão da da República Rio Gran Dense) from 08 February 1843, served as a model already made clear the name of the Republican Constitution: Constituiҫão da República dos Estados Unidos do Brasil (Constitution of the Republic of the United States of Brazil) from 24 February 1891. Other semantic parallels as the renaming of the imperial bicameral Parliament of Assembléia Geral the Brazilian equivalent of the U.S. National Congress (Portuguese: Congresso Nacional) with a Senate (Senado Federal) and a Chamber of Deputies (Câmara dos Deputados) testified to the inspirational supremacy in North America.

Already at end of the 19th Century, the U.S. Constitution had been very successful and crises. Even the American Civil War of 1861-1865 could do nothing to change the firmness of their basic constitutional ideals.

But success in North America is only one explanation for the strong influence of the U.S. Constitution. Fathers of the Constitution of 1891 was simply no time for experiments. The popular support for the golpe republicano, the republican coup was limited. The new government was operating in an ideological vacuum. It was revolutionary and self appointed. The old forces were not defeated, new groups reported claims. The Brazilian Constitution fathers were aware that the transition from monarchy to republic had to be completed quickly. Extreme time pressure and politically fragile environment like the alleged "copy" and "servility" of the Brazilian Constitution of 1891 as justification rush to the rescue:

"... Officially, it was said that the framers of the constitution of the Republic of Notables, as then set out in Rio de Janeiro and seemingly unconditional ehrvergessen copied the U.S. model would have acted out of state of philosophical insight, so noble from Republican state policy. Or enforcement of the Liberal Democratic Enlightenment modernity. Or to safeguard the economic well-understood interests of the nation. The extent of such legitimation rhetoric importance, may be found there."

Particularly clear was the role model of the U.S. Constitution in the area of ​​executive power. Headed particular Article 44 of the Constitution of 1891, the Office of the President of Brazil, which was to be elected for four years, however, without the possibility of re-election (Article 43 of the Constitution of 1891). As in the U.S., the President of Brazil was also the supreme commander of the armed forces (Article 48 of the Constitution of 1891).

With the Office of the king disappeared and the Office of the poder moderador. Instead of the fourth estate should be a complicated check-and-balance system of American idol claims expertise and competence to ensure competition between the powers. Henceforth, the President should govern and the deputies who control it (Article 34 of the Constitution of 1891).

With the deconcentration of political power was the decentralization of the unitary state. The central government has been dissolved, the former provinces of the empire turned into largely self-governing states. Brasília as the new Federal District (see the semantic-structural parallel of the "District of Columbia" in the U.S.) in the geographical center of the country was the answer to the search for a neutral, unvorbelasteten, accessible capital.

Perhaps the most important, or at least most durable and enduring innovation concerned the judiciary. The third force, until then organizationally subordinate to the king, was chosen as the voice of the liberal constitutional state. The newly Supremo Tribunal Federal (Article 59, 60 of the Constitution of 1891) was similar not only in name but also in its determination of the U.S. Supreme Court is the highest federal court and guardian of the Constitution.

Under the Constitution of 1891, the judges (known as Cabinet Ministers) appointed by the Supremo Tribunal Federal President with Senate approval (Article 48 No. 12 of the Constitution of 1891) for life. The aim of this vitalistic cidade (Article 57 of the Constitution of 1891) was to ensure the greatest possible independence of judges. Except in cases of severe laws diffraction it is not possible to exempt judges about legal opinions critical of the government due to the Office or curtail by the moderating force in their independence.

First admitted to a court one's competence to review standards and government acts not only on their constitutionality, but also the last instance and for all forces binding interpreted. Important component of the comprehensive judicial reform of 1891 was still in force dichotomous organizational structure of state and federal courts (known Justiҫa Estadual Justiҫa or Federal). The imperial judiciary structure Juizes de Direito and Juizes de Paz was history.

With the establishment of the constitutional courts and individual liberties were in a new constitutional light. The fourth title of the Constitution of 1891 enumerated not only individual fundamental rights, but also identified an individual claim system-especially in the form of habeas corpus (Art. 72-78).

Finally, the constitutional orientation was followed by Brazil to the United States and a foreign policy reorientation of Brazil. A basic trade agreement between Brazil and the U.S. in 1891 ended the de facto. Since at least the Anglo-Brazilian treaty of 1826 undisputed, foreign policy and economic Britain's special position in Brazil.

Characteristic of Brazilian domestic policies are frictions between powerful states. For much of the First Republic was able to keep the two influential and economically successful states of Sao Paulo and Minas Gerais, through mutual commitments under the umbrella of the federal government. But the global economic crisis of the late 1920s also gripped Brazil and started conflicts between the two most powerful states to escalate. The military stepped in and deconstructed the form of government that make it to 1889 even helped. The junta appointed the provisional president Getúlio Vargas, a position that would leave this for the next fifteen years, only temporarily.

Second The constitutions of 1934-1946

From a comparative law perspective, the Constitution of 1934 reflected particular appreciation of the Weimar Constitution. Had a large number of constitutional provisions, in part verbatim, no doubt that the Brazilian Constitution of 1934 fathers conceived the idea of ​​social law, a core characteristic of Weimar to import as a new constitutional ideal.

This new approach to illustrate the provisions on family, education and culture (Articles 144-158) and social realignment of the Brazilian economic order (Art. 115-145). Labour was also in Brazil, new ways: first were ministries of labor, health care and a labor court branch created.



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