Sixth Constitution (1967) History of the Constitution of Brazil

1 sixth constitution (1967)

1.1 background
1.2 original constitution
1.3 amendment of 1969

sixth constitution (1967)
background

president of brazil fm castelo branco.

after military coup d état of april 1, 1964 controllers of new régime kept 1946 constitution , promised restore democracy possible. however, did not , faced dilemma, every measure took strictly against current constitution, including coup itself.

the so-called institutional acts sequentially issued military presidents were, in practice, placed higher constitution , amend it. under these circumstances, first military president, humberto de alencar castelo branco, committed restoring civilian rule in 1966. however, large number of military , civilian extremists felt military had stay in power years. wanted pass more proper laws fight subversive individuals (anyone opposed régime).

by 1965, however, situation reached unbearable point when opposition candidates won governorships of minas gerais , guanabara. castelo branco refused annul results. coup averted when castelo branco agreed support military s reform program. time, military had decided drop pretense of democracy. felt 1946 constitution obsolete new institutions not foreseen in it.

a new constitution written team of lawyers commissioned castelo branco , amended (under instructions of castelo branco himself) minister of justice, carlos medeiros silva , voted whole brazilian parliament (already purged of opponents of status quo).

the original constitution

the main features of new constitution were:

restriction of political rights: direct elections held @ state , county level, not in federal territories or cities considered of interest of national security whatever reason (such cities specified lying international border, state capitals, important industrial centres, university towns, jungle towns, towns close power plants, mining sites, etc.). 500 cities/towns listed--in practice, largest , important ones. presidents , governors chosen in indirect elections correspondent legislative branch (the national congress , state legislatures). however, these elections elaborate shams. in practice, president selected military command, while governors hand-picked president , advisers. federal , state legislatures dominated government supporters, meaning government candidate not possibly defeated.
restriction of civil rights: meeting, assembly or gathering of people should formal, must authorised , conducted under supervision. unauthorised meetings disbanded police , participants sued (if lucky; more imprisoned, tortured or worse).
military (uniformed) state police corps acknowledged reserve corps of federal army (as state fire brigades), task of outdoor patrolling provide public security , thereby reducing autonomy of existing civilian (plainclothes) police, reduced investigative role.
removal of privileges of judges, allowing president force them retire or remove them (the latter never used).
after disbanding of political parties (which had existed twenty years), new rules written on formation of parties. these rules restrictive 2 parties formed—the government party, national renewal alliance party (arena), , controlled opposition of brazilian democratic movement (mdb).
limitation of federated states autonomy.
establishment of series of controls, commissions , institutions regulate , report number of aspects of civil, social , economic life, intensifying existing trend towards bureaucracy, top-heavy management of economy central government.
granting president right issue decrees (decretos-lei) enter in force @ moment of publication , inscribed in statute-book after 30 days in absence of congressional deliberation on them.

amendment of 1969

in 1969, severely authoritarian document amended provisional military junta , made more repressive. 1969 amendment regarded seventh constitution, because in fact rewrote whole constitutional text. new constitutional text brought tools régime:

giving president right declare state of emergency , suspend constitutional freedoms.
capital punishment.
banishment – loss of citizenship – punishment.
suspension of habeas corpus.
special military courts try members of military accused of crimes.
transfer of command of military polices each federal state ministry of army.
restrictions on travel.

from 1979 onward, however, constitution gradually purged of authoritarian character. process accelerated return of civilian rule in 1985, culminating in adoption of new constitution in 1988.