Understanding Brazilian law: Part III - Constitution

Brazil's Constitution dates from 1988. When military dictatorship ended in 1985, elections were convened to create a Constitution adapted to that new era.

Before this, there were six other constitutions, cited by date:

· 1824 (Imperial one, with 179 articles);

· 1891 (First Republican, with 91 regular articles plus 8 transitory ones. Inspired in United States Constitution);

· 1934 (This constitution lasted for just one year. After that it was suspended. With 187 regular articles pus 26 transitory ones, it was based on democratic ideas, with German inspiration);

· 1937 (New State Era - Dictatorship inspired in Fascism. The Constitution was called "Polaca" because it was based on Poland's Constitution, with 187 articles.);

· 1946 (A Constitution based on 1934s ideas. It is considered a very good and progressive one. It had 218 articles.);

· 1967 (Military Dictatorship. This Constitution gave most of Republic powers to the Executive. It had 189 articles. In 1969 most of it was changed. After that it had 217 articles).

When 1988 Constitution started ruling, former President José Sarney said that “with this Constitution it is impossible to govern Brazil”. His point of view was based on the amount of new obligations that the state started having. For example: health care is free for all in Brazil, even those who do not contribute to maintain it. Certainly, the money to complete the budget must be taken from other sources.

Liberal former deputy Roberto Campos refused to sign the 1988 Constitution. He though it was made with no attention to state budget and would become a source of higher taxes. In the end, another former deputy, Ulisses Guimarães, convinced Campos to sign. “We can fix things latter”, Guimarães was supposed to say. Two decades latter, taxes burden 37 percent of Brazilian GDP.

Even so, there have been no significant claims to bring Constitution rules to a more acceptable standard to a poor country.