Imperial Constitution (1824) History of the Constitution of Brazil

the marquis of sabará among noblemen charged drafting brazil s first constitution.

the emperordid not want run out of powers mere decorative figure, protect interests of portuguese businessmen (which main economic base of brazil) , prevent form of loss power parliament nd become figurehead.

in quite predictable move, , in light of wave of conservatism led holy alliance, emperor used influence on brazilian army dissolve constitutional assembly, in became known night of agony, , imposed on country constitution concentrated executive power on emperor himself (eventually crowned constitutional emperor , perpetual defender of brazil ).

the constitution endowed assembly both status , authority, , created legislative, moderating, executive , judicial branches delegations of nation separation of powers envisaged providing balances in support of constitution , rights enshrined.

the constitution of 1824 rather less parliamentary draft prepared constituent assembly. in fact, purposes peculiar , unique regime: presidential monarchy. did not mean, means, brazilian monarch had prerogatives resembling of tyrant or dictator. individual guarantees guarantee human liberty , dignity inserted articles of charter , respected. emperor not act in areas reserved legislative branch , judiciary, such create laws or judge , sentence.

based on french constitution of 1792 , spanish constitution of 1812, imperial constitution considered 1 of liberal of times, in front of many european liberal powers.

the constitution

pedro i, emperor of brazil.

the new constitution, published on march 25, 1824 outlined existence of 4 powers:

executive — state council
legislative — general assembly, formed senate , chamber of deputies
judiciary — courts
moderator — vested in emperor, supposed resolve incompatibilities between other three, acting neutral power, in accordance theories of swiss thinker benjamin constant.

the emperor controlled executive nominating members of state council, influenced legislative being allowed propose motions , having power dissolve chamber of deputies (senators sat life, being, however, individually chosen emperor between 3 voted candidates in given province) , influenced judiciary, appointing (for life) members of highest court.

this constitution established brazilian empire unitary state (the provinces had little autonomy, if any). amendment (ato adicional) of august 12, 1834, enacted in period of liberal reform, authorized provinces create own legislative chambers, empowered legislate on financial matters, create taxes , own corps of civil servants under chief executive nominated central power; revised interpretive act of may 1840, enacted in period of conservative reaction, allowed central power appoint judges , police officers in provinces.

on july 20, 1847, decree (number 523) established post of president of council of ministers (not confused state council, ten members sat life , in late empire functioned solely advising body emperor) – prime minister chosen emperor, should choose members of cabinet, being supported parliamentary majority in general assembly. no act of executive valid without signature of minister ( state secretary ) responsible issue concerned, decree turned brazilian empire standard constitutional monarchy parliamentary system.

the franchise limited, being censitary , indirect: no male citizen not head of household and/or had net yearly income of less hundred milreis allowed vote in primary elections chose actual electors, empowered right vote chamber of deputies , senate. conservative slant – widespread electoral frauds – determined no prime minister chosen emperor – had power order dissolution of chamber of deputies , new elections – ever failed win parliamentary majority in subsequent elections.

the constitution of 1824, enacted in name of holy trinity, instituted catholicism state religion, allowing other religions practised in private: non-catholic places of worship couldn t fashioned appear religious buildings outside. excluded slaves brazilian citizenship, extending people born in brazilian territory, if freeborn or freed.