Last Sunday, 24th January was the Day of the Brazilian Constitution, so this post is a tribute to our current constitution called, Citizen Constitution. I'd like to remember that everything is interconnected: Constitution, human rights, citizenship, democracy and the separation of powers, justice, effectiveness of governance, rule of law, and the trust in politics and in the politicians. This post is a summary of four articles. The first published at en.wikipedia.org/wiki/History_of_the_Constitution_of_Brazil. The second was published in July of 2014 at http://thebrazilbusiness.com/article/introduction-to-the-brazilian-constitution. The third was published at http://www.ebc.com.br/english/2013/10/constitution-that-put-an-end-to-brazils-dictatorship-celebrates-. The fourth was published http://www.china.org.cn/english/features/bjrenquan/190894.htm
The current Constitution was promulgated on October 5th, 1988 after a two-year process in which it was written from scratch by a Congress elected in 1986. It appears as a reaction to the period of military dictatorship, seeking to guarantee rights and restricting the state 's ability to limit freedom, and regulate indivifual life. On the other hand, it did not provide clear rules for state reform and kept the economic regulation of the country intact. It was the first constitution to demand severe punishment for breaches of civil liberties and rights. Willing to create a truly democratic state, the constitution has established many forms of direct popular participation, such as plebiscite, referendum and the possibility of ordinary citizens proposing new laws. Despite its advances concerning individual rights and freedoms and also in government control, the constitutional text brought dispositions that resulted in severe difficulties concerning governmental efficiency. in the following years, this it had to be amended many times to get rid of impractical, contradictory or unclear provisions.
Brazil's current Constitution has been valid since 1988 and it is the fundamental law in Brazil. This is the seventh Constitution in Brazil's history, and it is the one with most changes: up to this day, 77 constitutional amendments and 6 review amendments were made. The 1988 Constitution is considered a milestone in Brazil's history, since it is the first one to grant several rights. It is composed of 250 articles, which are divided under 9 titles. The Brazilian Fundamental Principles are listed in the first four articles of the Constitution. They basically define the political, social and juridical bases of Brazil. Brazil is defined as a Federal Presidential Republic. It is a democratic rule-of-law state, divided into three powers: The Executive, the Legislative, and the Judiciary. Brazil's objective are listed as the construction of a free, fair and egalitarian society for any person. The pillars of the Brazilian Constitution are: Sovereignty, Citizenship, Dignity of the individual, Social values of labor and free enterprise, political pluralism. Some principles of the Constitution can not be changed. They are named Eternity Clauses, or Cláusulas Pétrias. They are: Federal form of government, Direct, secret, universal, and periodic vote, Separation of powers, Individual rights and guarantees.
"I hereby declare the passing of the document of liberty, democracy and social justice," said deputy Ulysses Guimarães, president of the National Constituent Assembly. He announced officially the end of the military dictatorship in Brazil. For the first time in Brazil history, ordinary people collaborated on the writing of the country's constitution by making proposals signed by more than 12,000 citizens. People traveled to Brasilia in groups from all over the country. Nelson Jobim, former president of the Supreme Federal Court, became the assistant court reporter of the Assembly. In his view, the traumas suffered during the years of dictatorship exerted considerable influence on the precision of the text. On his opinion, the process was good for a reason: political stability. He said, "We enjoyed stability throughout the whole period, despite considerable traumas, like president Collor impeachment. There was no institutional problem. Things worked, progressed, moved on, there is a discussion, a debate, but this is part of a process. The democratic process is not the product of a consensus, but the administration of a disagreement."
Brazil has advanced on human rights issues since the end of the military dictatorship in 1985 and the subsequent redemocratizing process which has constituted new legal guarantees in the field of civil, political, economic, social and cultural rights. The 1988 Constitution synthesized respect for human dignity as the foundation for the legal framework as well as the prevalence of human rights as the guiding principle for Brazilian international relations. In this sense, Brazil's position has been consolidated in regard to the inter-dependence and indivisibility of the wider range of human rights, integrating, in a partnership with civil society, government policies of promoting and guaranteeing civil and political rights. Brazil has also ratified the major international treaties on human rights issues which have elevated our country's commitment to this cause up to international levels and standards. But even with all these steps forward, Norberto Bobbio's observation when, in regard to the glaring contrast between the intentions proposed in the 1948 UDHR and the situation which surrounds us, he declared in "The Age of Rights": "in spite of the expectations of the philosophers, of the courageous jurists, and the efforts of politicians of goodwill, there is a long way to go." In spite of the modern legal framework in place, Brazil's greatest challenge is to effectively guarantee the fundamental rights provided by law. In the 1988 Constitution, human rights are the touchstone for the entire legal framework created by the legislative assembly in response to the wishes of Brazilian society. The Brazilian Government's stand in regard to human rights violations has changed diametrically compared to the stance taken at the time of the military regime. National and international human rights entities freely register and publicize cases of violations and communicate with the authorities in all spheres of government.
