Brazil: the 1988 Brazil: the 1988 Constitution Constitution

Representative Democracy under the

Center-Right?

CONSTITUTION OF 1988 CONSTITUTION OF 1988

Three branches of government – executive, legislative, and judicial.

The distribution of power, the limits on the states and governmental authority, and how policy is framed and executed changed substantially under 1988 constitution.

Robust FederalismRobust Federalism

1988 constitution continues over-representation of small states

Half of tax revenue returned to states with no mandates as to how money will be spent◦Assists in maintaining clientilism at local level◦Congressmen tasked with “bringing home the

bacon”Implications of Itamar Franco’s challenge

(as Governor of Minas Gerias) to the national executive 6

Institutions of the 1988 Republic Institutions of the 1988 Republic

Patterned on U.S. Constitution’s separation of powers

President elected directly by people

Bicameral Congress◦Chamber of Deputies (513 members)◦Senate: Three members from each state and

the Federal District (81 members)

Supreme Court (power of judicial review)

Presidential Election of 1994Presidential Election of 1994

Itamar Franco as a caretaker president◦Another accidental presidency◦Fernando Henrique Cardoso as architect of

economic recovery {Real Plan}

Resounding victory by Henrique Cardoso: Two rounds permitted only one necessary

1994 Election Results1994 Election Results

President President

Fernando Henrique CarsodoFernando Henrique Carsodo

Rio de Janeiro nativeSon of an Army officer Spent much of the military regime in

exile

Presidential Election of 1998Presidential Election of 1998

Again Fernando Henrique Cardoso◦One Round Only

Luis Inacio “Lula” de Silva 32% Cardoso 53%

Winning coalition ◦Social Democrats (PSDB)◦Liberal Front (PFL) party of Jose Sarney◦Labor Party (PTB) party of Ivette Vargas

1998 Election Results1998 Election Results

The Presidency and the CongressThe Presidency and the Congress

Formal powers among the most sweeping in Latin America◦Veto legislation (wholly or in part) ◦Can initiate legislation – including public

spending◦Can force congress to take up legislation

deemed urgent Multi-party system forces president to

build coalitions

Legislative Branch: Institutions & Legislative Branch: Institutions & StructuresStructures

Lower house, the Chamber of Deputies: comprises 513 representatives from 26 states and the Federal District Size of each state’s delegation is determined in

proportion to its population. Constitution establishes a minimum of eight and a

maximum of seventy deputies for each state. These limits under-represents residents of the densely

populated southeastern and southern states. Congress no longer a rubber stamp.

Parliamentary Commissions of Inquiry (CPIs)

Institutions & Structures: Institutions & Structures: The Judiciary IThe Judiciary I

Comprised of the Supreme Court, the Superior Court, five regional federal appeals courts, labor courts, electoral courts, military courts, and state courts.

Constitution stipulates criteria for Entry into judicial service = competitive exam Promotion = by seniority and merit Mandatory retirement = age of 70 or after 30 years of

service Eleven justices, or “ministers,” are named by the

president to the Supreme (constitutional Court, - Supremo Tribunal Federal (STP) –and approved by the Senate, as are thirty-three ministers to the Superior (Civil) Court.

Tribunal Superior Eleitoral

Institutions & Structures: Institutions & Structures: The Judiciary IIThe Judiciary II

Labor Courts created by the Consolidated Labor Code of 1943

Military justice system also retained in the 1988 Constitution

Courts stronger today than every before Overloaded docket

Lower courts’ decisions are not binding or final, cases are appealed repeatedly until they finally reach the STF.

Direct action of unconstitutionality (ADIN)

Constitutional Limitations on Constitutional Limitations on Government Authority IGovernment Authority I

Extends the traditional guarantees of individual rights to social groups

Prohibits discrimination against minorities

Grants parties, unions, and civic associations legal recourse against the actions of other social actors and permits them to challenge before the Supreme Court the constitutionality of legislation and administrative rulings.

Constitutional Limitations on Constitutional Limitations on Government AuthorityGovernment Authority

Presidential limits when invoking a state of siege

Judicial review

Ministerio Publico (Public Prosecution)

Tribunal de Contas