Brazilian Constitution of 1988

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Text of the Constitution of the Federal Republic of Brazil 1988 .

The constitution of the Federal Republic of Brazil ( Portuguese Constituição da República Federativa do Brasil ) was promulgated on October 5, 1988 and has been amended several times since then. It is the seventh constitution in the history of Brazil .

prehistory

As a result of the struggle for the redemocratization of the country and as the founding act of the New Republic, the "Nova Carta" delegitimized the dictatorship of the Brazilian military regime since 1964 and organizes the civil, free democratic constitutional state and the social development state on a parliamentary basis. It was called the citizens' constitution; political parties, trade unions and social movements had mobilized people for it. The new constitution reinstated a democratic , republican order in the country.

meaning

Constituent Assembly in Brasília in 1988.
With the printed constitution in hand, an indigenous peoples ask for the floor during a public hearing at the Commission on Human Rights and Participatory Legislation (HRC). The topic was problems arising from the edition of Decree 7056/09, a revision of the National Foundation for Indigenous People (FUNAI) , Brasília, May 2010.

After intensive discussion in the constituent assembly, which met from 1986 to 1988, the new constitution was promulgated on October 5, 1988. It contains 250 articles in its permanent part and 94 articles in the injunctions. The extremely detailed text gradually led to a number of constitutional amendments. Six changes were made during the 1993/94 special revision procedure. The constitution has been amended 56 times up to the current year and has given the judiciary a role previously unknown in any other constitution. What is constitutionally unique in Brazil, but also in international comparison, is its institutional autonomy. The constitution-giver largely guarantees the administrative and financial independence of the judiciary, as well as the autonomy of the judges.

The 1988 constitution marks a break with the past. It stands by the principles of the social welfare state and also makes education and health general values. It introduced rights for indigenous peoples and other minorities , thereby officially recognizing the country as multi-ethnic and multi-cultural (an estimated 291 indigenous ethnic groups live in Brazil and 180 indigenous languages ​​are spoken in the country). The public policies that followed the adoption of the new constitution resulted in growing birth rates among indigenous peoples. Bilingual education for indigenous groups was introduced. For the first time, the constitution guarantees that children and young people have their own rights that are not only linked to family rights . They are laid down in Article 227, it was unanimously approved by the National Assembly and supported by a tremendous general mobilization with one and a half million signatures.

preamble

“We, the representatives of the Brazilian people, unite in the Constituent Assembly to establish a democratic state with the aim of guaranteeing the exercise of basic social and individual rights, freedom, security, prosperity, development, equality and justice, as the highest Values ​​of a fraternal, pluralistic and prejudice-free society based on social harmony and the obligation to resolve disputes peacefully in internal and international conditions, proclaim the following constitution of the Federal Republic of Brazil under the protection of God. "

- Original text of the preamble to the Constitution of the Federal Republic of Brazil

Basic principles (extract)

Article 1: Establishment and foundations of the Federal Republic

The Federal Republic of Brazil in the form of the indissoluble federation of states and municipalities and the federal district constitutes itself as a democratic constitutional state and is one of its foundations:

  • I. the sovereignty;
  • II. Citizenship;
  • III. the dignity of the human person;
  • IV. The social values ​​of work and free initiative;
  • V. political pluralism.

“All violence comes from the people. It is exercised by the people through elected representatives or directly in accordance with this constitution. "

- Original text from the Constitution of the Federal Republic of Brazil

Urban politics

City policy is set out in Articles 182 and 183. From these, the forwards city statute from.

Web links

Individual evidence

  1. ^ State structure Brazil . aussaertiges-amt.de. As of February 2016
  2. ↑ Series of publications of the DBJV - Volume 8, Paul, Wolf (Ed.): The Brazilian Constitution of 1988 . dbjv.de. Accessed August 30, 2016
  3. ↑ a b Brazil's constitution - a next step in the interests of children . verlagdasnetz.de. Accessed August 30, 2016
  4. ↑ Artigo 227 since Constituição Federal . unicef.org. Accessed August 30, 2016
  5. ↑ a b Quote from the preamble . camara.gov.br. Accessed August 30, 2016