General Information about the structure and functions of the Brazilian Government.
Government
Brazil is a legal democratic state founded on sovereignty, citizenship, dignity of the human person, the social values of labour and of free enterprise, and political pluralism. All power emanates from the people, who exercise it by means of democratically elected representatives.
The present Constitution was formally promulgated on 5 October 1988 by a specially empowered National Congress. The 1988 Federal Constitution incorporates many new concepts ranging from environmental protection to political rights and social welfare. According to article 3 of the Constitution, the fundamental objectives of the Federative Republic of Brazil are: to build a free, just, and solidarity-based society; to guarantee national development; to eradicate poverty and substandard living conditions and to reduce social and regional inequalities; and to promote the well-being of all, without prejudice as to origin, race, sex, colour, age, and any other forms of discrimination. All persons are equal before the law, without any distinction whatsoever, Brazilians and foreigners residing in the country being ensured of inviolability of the rights to life, liberty, equality, security and property.
At the federal level of Government, there are three independent powers in the Brazilian presidential system, operating harmoniously among themselves under a system of checks and balances: the Executive, the Legislature, and the Judiciary (see below). At the state level, each State has its own government, with a structure that mirrors the Federal Government, enjoying all the powers (defined in its own constitution), which are not specifically reserved for the Federal Government or assigned to the Municipalities. The head of the state executive is the Governor, elected by direct popular vote. 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 5,500 Municipalities that are autonomous in strictly local affairs.
The Executive Power is exercised by the President of the Republic, assisted by the Ministers of State. The President and the Vice President are elected for a four-year term and, in accordance with specific provisions in the Constitution, the President may be removed from office (impeached) by Congress.
Should the office of the President become vacant for any reason, it would be filled by the Vice President for the remainder of the original term. If he or she, in turn, were no longer able to carry out this function, the line of succession would then go to the President of the Chamber of Deputies (Speaker of the House), the President of the Senate, and the President of the Federal Supreme Court (Chief Justice).
The President appoints the Ministers of State, 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.
The Legislative Power is exercised by the National Congress, which is 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 suffrage.
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. There are presently 81 Senators and 513 members of the Chamber of Deputies.
Judicial powers are vested in the Federal Supreme Court (Supremo Tribunal Federal - STF), in the Superior Court of Justice (Superior Tribunal de Justiça - STJ), regional courts, and in specific courts for electoral, labour, 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 Brasilia, 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 after the absolute majority of the Federal Senate has approved their nomination.
Brazil is a legal democratic state founded on sovereignty, citizenship, dignity of the human person, the social values of labour and of free enterprise, and political pluralism. All power emanates from the people, who exercise it by means of democratically elected representatives.
