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Brazilian Political Institutions |
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The Constitution
The Legislature
The Executive
The Judiciary
Voting System
The
Constitution
After
the monarchy was abolished, Brazil's first Constitution
under the Republic (1891) established a presidential
system and three independent powers: Executive, Legislative,
and Judiciary. This structure was retained in Brazil's
six subsequent republican constitutions, including the
present Constitution, drafted by a specially empowered
National Congress elected in 1984, and formally promulgated
on October 5,1988. The 1988 Constitution incorporates
a great many new concepts ranging from environmental
protection to increased powers for the legislature in
its relationship with the Executive. Since 1992 important
amendments have been adopted mostly pertaining to economic
issues.
Brazil
is a federative republic composed of 26 States and one
Federal District where Brasília, the capital
of the country, is situated. Each State has its own
government, with a structure that mirrors the federal
level, enjoying all the powers (defined in its own Constitution)
which are not specifically reserved for the federal
government or assigned to the Municipal Councils. The
head of the state executive is the Governor, elected
by direct popular vote under the Federal Constitution.
The one-chamber state legislature is a State Assembly.
The state judiciary follows the federal pattern and
has its jurisdiction defined so as to avoid any conflict
or superimposition with the federal courts.
At
the municipal level there are over 4,400 Municipal Councils
that are autonomous in strictly local affairs. The Municipal
Councils operate under the provisions of the Basic Law
of Municipalities.
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The
Legislature
The
national legislature is the National Congress (Congresso
National), composed of two houses, the Chamber of Deputies
(Câmara dos Deputados) and the Federal Senate
(Senado Federal).
The
number of members in the Chamber of Deputies from each
State and the Federal District is proportional to its
population. Deputies are elected for four-year terms
by direct secret ballot under the system (adopted for
all elections for public office) of universal franchise.
The
Senate is composed of three Senators from each state
and the Federal District, elected for a term of eight
years. Senatorial elections are staggered (one-third
and then two-thirds) every four years, in elections
held concomitantly with those for the Chamber of Deputies.
A Deputy and a Senator can stand for re-election without
restriction. In 1994 there were 81 Senators and 503
members of the Chamber of Deputies.
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The
Executive
The
Executive, with its powers clearly defined in the Constitution,
is headed by the President of the Republic. The President
and the Vice President are elected for a four-year term.
An amendment to the Constitution in 1997 permits the
President and the Vice President to serve a second consecutive
term.
The
President appoints the Cabinet Ministers who are directly
responsible to him and whom he may dismiss at any time.
A Minister may be summoned to appear before the Chamber
of Deputies, the Senate, or any of its committees.
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The
Judiciary
Judicial
powers are vested in the Federal Supreme Court (Supremo
Tribunal Federal),in the Superior Court of Justice(Superior
Tribunal de Justiça), regional courts, and in
specific courts for electoral, labor, military, and
other matters. The justices and judges of all the courts,
at both the federal and the state levels, are appointed
for life.
The
Federal Supreme Court is at the apex of the judicial
system. It has its seat in the national capital, Brasília,
but holds jurisdiction throughout the country. It is
composed of eleven Justices, of proven legal and constitutional
training and experience, appointed by the President
of the Republic, with the prior approval of the Senate.
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Voting
System
Voting
is universal and compulsory for all literate citizens
from 18 to 70 years of age. Voting is optional for citizens
aged 16 and 17, for senior citizens above 70, and for
illiterates of any age.
Candidates
must belong to a political party. The registration of
a political party is effected by the Higher Electoral
Tribunal, following the fulfillment of certain minimum
requirements established by legislation. In a presidential
or a gubernatorial election a candidate must receive
an absolute majority to win the election. If no candidate
receives this mandate the two top vote-getters compete
in a run-off election (second turn) held 20 days after
the first election.
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