President of Brazil

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President of the Federal Republic of Brazil
Coat of arms of Brazil.svg
coat of arms
Presidential Standard of Brazil.svg
Standard
Jair Bolsonaro at April 24th 2019 (1) (cropped) .jpg
Acting President
Jair Bolsonaro
since January 1, 2019
Official seat Palácio da Alvorada
Term of office 4 years (max. 8 years)
(re-election possible once)
Creation of office November 15, 1889
Last choice October 7, 2018
Next choice 2022
Salutation
Deputy Vice President of Brazil
Official List of heads of state of Brazil
website www.gov.br/planalto

The President of Brazil ( Portuguese Presidente do Brasil ), officially the President of the Federal Republic of Brazil ( Portuguese Presidente da República Federativa do Brasil ) or simply the President of the Republic , is both the head of state and the head of government of Brazil . The President heads the executive branch of the Brazilian Federal Government and is Commander-in-Chief of the Brazilian Armed Forces ( Forças Armadas do Brasil ). The presidential system was introduced in 1889 after the proclamation of the republic by a military coup against Emperor Pedro II of Brazil.

The Brazilian Constitution , the seventh constitution of its kind in the history of Brazil and published as the Brazilian Constitution of 1988 , together with supplementary constitutional amendments, defines the requirements, powers and responsibilities of the President, his term of office and the electoral process.

Acting (as of 2020) and in the order 38th President is Jair Bolsonaro . He was sworn in on January 1, 2019, following the 2018 presidential election .

Constitutional Powers

As a republic with a presidential executive, Brazil gives significant powers to the president, who effectively controls the executive, represents the country abroad, and appoints the Brazilian cabinet and, with the approval of the Brazilian Senate, the judges of the Supreme Court. The president is also the commander in chief of the armed forces of the Brazilian military.

Presidents of Brazil have significant powers in the legislative process, which they exercise either through legislative proposals to the National Congress of Brazil or through the use of Medidas Provisórias (" interim measures "), an instrument with legal force that the President can enact in urgent and necessary cases Exceptions to changes in some areas of law (interim measures cannot be used to change criminal law or the right to vote).

A provisional measure will take effect immediately before Congress votes on it and will remain in force for up to 60 days unless Congress decides to repeal it. The 60-day period can be extended once to up to 120 days. Conversely, if Congress votes in favor of the provisional measure, it becomes actual law and changes are made by the legislature. The provisional measure will expire at the end of the 60-day period (or the 120-day period in the case of an extension) or earlier if rejected by any of the Houses of Congress.

Article 84 of the current Federal Constitution provides that the President has the authority

  1. appoint and dismiss ministers of state;
  2. exercises the higher direction of the federal administration with the support of the ministers of state;
  3. initiate the legislative process in the manner and in the cases set out in the Constitution;
  4. To sanction and promulgate laws and order their publication as well as to issue decrees and ordinances for their true enforcement;
  5. veto laws, in whole or in part ;
  6. provide for the organization and structure of the federal administration by decree if there is neither an increase in expenditure nor the creation or termination of public offices and authorities; and order the termination of offices or posts if they are vacant;
  7. To maintain relations with foreign states and to accredit their diplomatic representatives;
  8. to conclude international treaties, conventions and acts, subject to ratification by the Brazilian National Congress ;
  9. to enact the state of defense and siege in accordance with the constitutional procedures that precede and authorize these emergency decrees;
  10. federal intervention in accordance with the constitutional procedures that precede these exceptional decisions and that authorize, order and enforce them;
  11. after the legislative session has opened, to send to the National Congress a message and a plan from the government describing the state of the nation and calling for measures it deems necessary;
  12. Granting of pardons and reductions in sentences, if necessary after hearing the legally appointed bodies;
  13. to exercise supreme command of the armed forces, to appoint the commanders of the navy , the army and the air force , to promote the generals and to appoint them to the positions exclusively held by them;
  14. to appoint the judges of the Federal Supreme Court and the Supreme Courts, the Governors of the Territories, the Attorney General of the Republic, the President and Directors of the Central Bank and other officials, if they are appointed by law, after approval by the Federal Senate ;
  15. appoint the judges of the Court of Auditors of the Union, respecting the provisions of Article 73;
  16. appoint the judges in the cases established by this Constitution and the Attorney General of the Union;
  17. appoint members of the Council of the Republic in accordance with Article 89, VII;
  18. to convene and preside over the Council of the Republic and the National Defense Council;
  19. to appoint the members of the Council of the Republic and the National Defense Council;
  20. to declare war in the event of foreign aggression, authorized or confirmed by the National Congress whenever it takes place between legislative sessions, and, under the same conditions, to order full or partial national mobilization;
  21. To make peace, authorized or confirmed by the National Congress;
  22. To award medals and honors;
  23. to allow foreign armed forces in the cases stipulated by additional law to cross the national territory or to stay there temporarily;
  24. to submit to the National Congress the multiannual plan, the budget directives and the budget proposals set out in this Constitution;
  25. report to the National Congress every year within sixty days of the opening of the legislative period for the previous financial year;
  26. Filling and elimination of posts in the federal government as established by law;
  27. to adopt provisional measures with the force of law in accordance with Article 62;
  28. perform other tasks set out in the constitution.

elections

conditions

The Brazilian Constitution requires that a president be a national born in Brazil, at least 35 years old, resident in Brazil and fully exercising his right to vote, be a registered voter and a member of a list of political parties in Brazil.

Term Limits

The President of Brazil has a four-year term and can be re-elected for a single consecutive term. However, this two-term limit does not apply for life - a former president who has served two consecutive terms can run again at a later date, provided that at least one term has elapsed.

A Brazilian vice-president or other official who moves up to the presidency or serves as incumbent president, even if only briefly, can then only be elected or re-elected to the presidency once, as the consecutive term limit already applies. In practice, Brazilian vice-presidents almost always serve as incumbent president at some point during the presidential term, as the vice-president becomes the incumbent president under the Brazilian constitution during the president's overseas trips.

Candidacy for other offices

An incumbent president (or governor or mayor) who wishes to run for another office, regardless of the intended jurisdiction or branch of government, must resign at least six months before election day .

history

The possibility of re-election was created by the 16th amendment of 1997. Previously, the presidents had been banned from immediate re-election for all of Brazil's republican history, with the exception of the second half of the Vargas era from 1937 to 1945. Until the Brazilian constitution of 1937, the office was limited to men.

Remuneration and official privileges

As of 2015, the President has received a monthly salary of R $ 30,934.70 along with an undisclosed expense account to cover travel, goods and services during the tenure. Given that in Brazil all employees and civil servants in the private and public sectors and the public sector receive additional compensation equal to one month's salary after a year of work (this compensation is called the thirteenth salary ), the President receives 13 payments per year, resulting in an annual salary of R $ 402,151.10.

The Palácio do Planalto in Brasília is the President's official workplace and the Palácio da Alvorada is his official residence; he or she is entitled to use his or her staff and facilities. The Residência Oficial do Torto , popularly known as Granja do Torto, is a ranch on the outskirts of the capital and is used by the president as a retreat. The Palácio Rio Negro in Petrópolis , Rio de Janeiro, has been the president's summer retreat since 1903, although it was rarely used. In 2005 the palace passed into the administration of the Instituto do Patrimônio Histórico e Artístico Nacional (IPHAN).

In addition, the Presidency of the Republic also maintains the Jaburu Palace in Brasília , which is the official residence of the Vice President of the Republic.

In the 2000s, the federal government decided to set up Regional Offices for the Presidency of the Republic in several major Brazilian cities . These regional offices are not residences of the President, but are fully equipped offices, ready to receive the President and his ministers at any time, and which act as the President's office when the President is in these cities. The President's first regional office was established in the city of São Paulo and is located in the Banco do Brasil building on Paulista Avenue; the building also houses the regional headquarters of Banco do Brasil in São Paulo. The Presidency of the Republic also has regional offices in Porto Alegre and Belo Horizonte.

For the ride on the ground, the President uses the presidential sedan, an armored version of the 2019 Ford Fusion Hybrid built on a Ford CD3 platform. A 1952 Rolls Royce . Silver Wraith is used by the President on ceremonial occasions such as Independence Day commemorations, state visits, and the inauguration of the President-elect. A modified version of the Airbus A319 , Brazilian Air Force designation VC-1A, is used to transport the President on all international medium and long haul flights. Two modified Embraer 190 jets, Luftwaffe designation VC-2, are used for the President's short and medium-haul trips. When the President is on board, the aircraft receives the callsign " Brazilian Air Force One ". Two modified military versions of the Eurocopter Super Puma , Luftwaffe designation VH-34, are currently in use as the main presidential helicopters .

Impeachment

Brazilian flag

The President can be removed from office using one of two methods. In both cases, two thirds of the Chamber of Deputies must accept the charge against the incumbent ( indictment ); and if the Senate accepts the investigation, the President will be suspended from office for up to 180 days. In the case of “ordinary crimes”, a hearing will then take place before the Supreme Federal Court . In the case of "crimes of malversation ", which must fall into one of the seven major areas and which are defined in more detail by law, a trial takes place before the Brazilian Senate . During the process, the Vice President exercises executive power. If the trial does not result in a conviction within 180 days, the President will resume office; a conviction leads to impeachment and succession by the vice-president. The seven areas are:

  1. The existence of the union
  2. The free exercise of legislative, judicial, prosecution and constitutional powers of the units of the Federation
  3. The exercise of political, individual and social rights
  4. The internal security of the country
  5. Honesty in administration
  6. The budget law
  7. Compliance with the law and court decisions

After the presidency

The following privileges are guaranteed by law to former presidents:

  • Permanent security protection (by the Presidential Guard - Batalhão da Guarda Presidencial )
  • The use of two company vehicles (for life)
  • Repository funding for a presidential library
  • lifelong monthly pension for their widows and unmarried daughters
  • Pension for sons of deceased ex-presidents up to the age of majority

As of April 12, 2020, there are six living past presidents and one incumbent president. The most recent death of a former president was that of Itamar Franco . (1992-1995) on July 2, 2011.

Official

All presidents of Brazil have held the title of President of the Republic . This title has been used in all Brazilian constitutions since the proclamation of the republic to denote the chief executive.

However, from the proclamation of the republic in 1889 to 1937, the country was officially referred to as the "Republic of the United States of Brazil," and from 1937 to 1967 the country was referred to simply as the "United States of Brazil," the full title of President of the Republic from 1891 to 1967 - that is, from the inauguration of Deodoro da Fonseca as President (between 1889 and 1891 he was head of the Provisional Government) to the end of the term of office of Humberto de Alencar Castelo Branco in 1967 he was “President of the Republic of the United States of Brazil ”. On March 15, 1967, the country's official name was changed to the Federative Republic of Brazil . On the same day Artur da Costa e Silva was sworn in as the successor to Castello Branco as president. Since Costa e Silva, all presidents of Brazil therefore have the full title of “President of the Federal Republic of Brazil”.

Last choice

candidate Political party Co-candidate Political party First choice Second choice
be right % be right %
Jair Bolsonaro PSL Hamilton Mourão PRTB 49,277,010 46.03 57,796,972 55.13
Fernando Haddad PT Manuela d'Ávila PCdoB 31,342,051 29.28 47,038,792 44.87
Ciro Gomes PDT Katia Abreu PDT 13,344,371 12.47
Geraldo Alckmin PSDB Ana Amélia Lemos PP 5,096,350 4.76
João Amoêdo NOVO Christian Lohbauer NOVO 2,679,745 2.50
Cabo Daciolo PATRI Suelene Balduino Nascimento PATRI 1,348,323 1.26
Henrique Meirelles MDB Germano Rigotto MDB 1,288,950 1.20
Marina Silva SPEECH Eduardo Jorge PV 1,069,578 1.00
Álvaro Dias PODE Paulo Rabello de Castro PSC 859,601 0.80
Guilherme Boulos PSOL Sônia Guajajara PSOL 617.122 0.58
Vera Lúcia PSTU Hertz slides PSTU 55.762 0.05
José Maria Eymael DC Helvio Costa DC 41.710 0.04
João Vicente Goulart PPL Léo Alves PPL 30.176 0.03
Invalid / empty votes 10,313,159 8.79 11,094,570 10.58
total 117,364,654 100.00 115,930,334 100.00
Registered voters / turnout 147,306,295 79.67 147,306,294 78.70
Source: TSE (runoff vote in 100% of the counted "sections")

Web links

Commons : President of Brazil  - Collection of pictures, videos and audio files

Individual evidence

  1. Art. 15 and Chapter II Constitution of the Federal Republic of Brazil.
  2. ^ NPR Choice page. Retrieved April 17, 2020 .
  3. Art. 62 Constitution of the Federal Republic of Brazil, amended by Constitutional Amendment No. 32.
  4. ^ Article 14, Paragraph 3 Constitution of the Federal Republic of Brazil.
  5. Article 82 Constitution of the Federal Republic of Brazil.
  6. a b Article 14, paragraph 5 Constitution of the Federal Republic of Brazil.
  7. ^ Ian Stewart: G1> Política - NOTÍCIAS - Terceiro mandato é 'legal e constitucional', diz Dirceu. In: g1.globo.com. January 1, 2019, accessed April 3, 2020 .
  8. Article 14, paragraph 6 Constitution of the Federal Republic of Brazil.
  9. Diário da União publica reajuste de salários de parlamentares, presidente e ministros. ("The Brazilian 'Federal Register' publishes a raise for senators, members of parliament, presidents and ministries") In: Estado de Minas. Belo Horizonte, December 19, 2014, accessed May 29, 2018.
  10. Ministry of Transparency, Supervision and Control. (No longer available online.) In: Portal da Transparência. Formerly in the original ; Retrieved May 29, 2018 (Portuguese, no mementos).  ( Page no longer available , search in web archives )@1@ 2Template: Dead Link / www.portaldatransparencia.gov.br
  11. Ajuste ainda nicht chegou aos gastos sigilosos ( Memento of July 14, 2011 in the Internet Archive ). (“Undisclosed expenses still need to be reduced”) Ministério do Planejamento. Retrieved May 27, 2011.
  12. ^ Palácio do Planalto. Presidência da República. Retrieved April 17, 2020.
  13. Palácio da Alvorada. Presidência da República. Retrieved April 17, 2020.
  14. ^ Granja do Torto. Casa de campo oficial da Presidência da República localiza-se na Fazenda Riacho Torto. Presidência da República. Retrieved April 17, 2020.
  15. a b Atrativos. Palácio Rio Negro - Palácio dos Presidentes. In: petropolis.rj.gov.br, Turispetro, accessed April 18, 2020.
  16. ^ Rio Negro Palace ( Memento of October 2, 2011 in the Internet Archive ). Prefeitura de Petrópolis. Retrieved May 27, 2011 (Memento does not mention the palace).
  17. Palácio do Jaburu. Presidência da República. Retrieved April 17, 2020.
  18. Carros blindados para as famílias de Bolsonaro e Mourão. O Antagonista, May 25, 2019, accessed April 17, 2020 .
  19. ^ Rolls-Royce presidencial é um dos destaques do desfile de 7 de setembro ( Memento of September 4, 2010 in the Internet Archive ). ("The President's Rolls-Royce is one of the highlights of the Independence Day parade") Presidência da República. Retrieved May 27, 2011.
  20. A escolha foi sua: infográfico especial sobre o avião presidencial ( Memento of November 7, 2010 in the Internet Archive ). (“Special infographic of the presidential plane”) Presidência da República. Retrieved May 27, 2011.
  21. a b FAB 001 - O Avião Presidencial ( Memento of July 21, 2011 in the Internet Archive ). DefesaBR. Retrieved May 27, 2011.
  22. ^ Presidência da República nas asas da Embraer ( Memento of July 21, 2011 in the Internet Archive ). (“The Presidency on the wings of Embraer”) In: planalto.gov.br, Presidência da República. Retrieved May 27, 2011.
  23. Helicóptero Presidencial Brasileiro (VH-34 Super Puma VIP). (No longer available online.) In: hangar20.com.br. Formerly in the original ; Retrieved May 27, 2011 ("Brazilian Presidential Helicopter (VH-34 Super Puma VIP)"; no mementos ).  ( Page no longer available , search in web archives )@1@ 2Template: Dead Link / www.hangar20.com.br
  24. a b Constitution of the Federal Republic of Brazil 1988 - Section III - Liability of the President of the Republic (English translation).