Fifth Constitution (1946) History of the Constitution of Brazil

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gustavo capanema member of 1946 constitutional congress.


background

when vargas forced resign in 1945, new constitution written, once again directly elected constitutional congress.


the constitution

this first brazilian constitution provide full political freedom (even brazilian communist party made legal, though briefly) , last officially name country estados unidos brazil (and spelling of country s name change later year). first additional act of transitory measures (a set of laws came effect before constitution , not changed). key points of constitution were:



restore rights , freedoms expressed 1934 constitution had been suppressed in 1937.
reducing powers of presidency; while remained key institution, safeguards put in place prevent president abusing power vargas had done.
establish full equality before law.
created mechanisms prevent , fight religious prejudice , censorship (the latter exceptions regarding moral censorship of spectacles , public shows).
mentioned right postal privacy , inviolability of homes (until police break s house without permit).
improved federalism extending powers of member states (for instance, first time states allowed have flags , anthems).
although not first time adults granted full political rights, under constitution first free (and quite fair) elections held @ levels , offices.
elections executive offices held in single turn.
voters freely choose candidates of whatever party, including vice president , vice governor.

the last 2 become major problems of constitution, prone produce , fuel both legitimacy crises (as presidents elected less majority of votes) , conspiracies (as vice-president party).







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