Citizen Constitution (1988 – present) History of the Constitution of Brazil

1 citizen constitution (1988 – present)

1.1 background
1.2 constitution
1.3 amendments

citizen constitution (1988 – present)

president of constitutional congress ulysses guimarães holds copy of 1988 constitution.


background

the seventh , current brazilian constitution promulgated on october 5, 1988 after two-year process in written scratch constitutional congress elected in 1986.

the constitution

it appears reaction period of military dictatorship, seeking guarantee manner of rights , restricting state s ability limit freedom, punish offences , regulate individual life. on other hand, did not provide clear rules state reform , kept economic regulation of country intact.

among new constitutional guarantees errand of injunction , habeas data (one s right have access data him kept government). anticipated existence of consumers defence code (which brought out in 1990), of children s , youth code (1990) , of new civil code (2002).

it first constitution demand severe punishment breaches of civil liberties , rights. consequently, brazil later approved law making propagation of prejudice against minority or ethnic group unbailable crime. law provided legal redress against spread hate speech (like neo-nazis) or not treat citizens equally. second aspect helped disabled people have reserved percentage of jobs in public service (and in large companies), , black people seek reparation prejudice in courts.

breaking authoritarian logic of constitution of 1967, made unbailable crimes of torture , of actions directed against democratic state , constitutional order, creating constitutional devices block coups d état of kind.

constitutional congressman bernardo cabral wrote final draft of constitution.

willing create democratic state, constitution has established many forms of direct popular participation besides regular voting, such plebiscite, referendum , possibility of ordinary citizens proposing new laws. examples of these democratic mechanisms 1993 plebiscite concerning form of government, presidential system confirmed, , 2005 referendum concerning prohibition of sale of firearms , ammunition.

the mention of god in preamble of constitution (and later on brazilian currency) opposed leftists incompatible freedom of religion because not recognise rights of polytheists (like amerindians) or atheists, has not been removed far. state constitution not refer god 1 of acre. supreme federal court has ruled omission of protection of god not unconstitutional since preamble of constitution indication of principles serves introduction constitutional text , reflects ideological conceptions of legislator, falling within scope of political ideology , not of law. therefore, preamble not part of supreme law, has no judicial validity whatsoever , cannot impose obligations or create rights.

amendments

despite advances concerning individual rights , freedoms , in government control, constitutional text brought dispositions resulted in severe difficulties concerning governmental efficiency. in following years, 1995 onwards, had amended many times rid of impractical, contradictory or unclear provisions (but accommodate economic reforms conducted government, such amendments have been criticised). of december 2015, constitution has been amended 90 times.