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History Of The Constitution Of Brazil
During its independent political history, Brazil has had seven constitutions. The most recent was ratified on October 5, 1988. Imperial Constitution (1824) Background Prior to its independence on September 7, 1822, Brazil had no formal Constitution, since Portugal only adopted its first Constitution on September 23, 1822, 16 days after Brazil proclaimed independence. In 1823, Emperor Pedro I started the political process of writing a Constitution. The elaboration of the first Constitution of Brazil was quite difficult and the power struggle involved resulted in a long-lasting unrest that plagued the country for nearly two decades. Two major facts increased the troubles: * Large numbers of recent immigrants from Portugal (the so-called "Portuguese Party"), who wanted to keep their privileges or who were still loyal to the metropolitan government. These were found both among the wealthier parts of the population, as businessmen controlling Brazil's international trade, and t ...
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Parliamentary System
A parliamentary system, or parliamentarian democracy, is a system of democratic governance of a state (or subordinate entity) where the executive derives its democratic legitimacy from its ability to command the support ("confidence") of the legislature, typically a parliament, to which it is accountable. In a parliamentary system, the head of state is usually a person distinct from the head of government. This is in contrast to a presidential system, where the head of state often is also the head of government and, most importantly, where the executive does not derive its democratic legitimacy from the legislature. Countries with parliamentary systems may be constitutional monarchies, where a monarch is the head of state while the head of government is almost always a member of parliament, or parliamentary republics, where a mostly ceremonial president is the head of state while the head of government is regularly from the legislature. In a few parliamentary republic ...
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Parliamentary System
A parliamentary system, or parliamentarian democracy, is a system of democratic governance of a state (or subordinate entity) where the executive derives its democratic legitimacy from its ability to command the support ("confidence") of the legislature, typically a parliament, to which it is accountable. In a parliamentary system, the head of state is usually a person distinct from the head of government. This is in contrast to a presidential system, where the head of state often is also the head of government and, most importantly, where the executive does not derive its democratic legitimacy from the legislature. Countries with parliamentary systems may be constitutional monarchies, where a monarch is the head of state while the head of government is almost always a member of parliament, or parliamentary republics, where a mostly ceremonial president is the head of state while the head of government is regularly from the legislature. In a few parliamentary republic ...
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Constitutional Monarchy
A constitutional monarchy, parliamentary monarchy, or democratic monarchy is a form of monarchy in which the monarch exercises their authority in accordance with a constitution and is not alone in decision making. Constitutional monarchies differ from absolute monarchies (in which a monarch is the only decision-maker) in that they are bound to exercise powers and authorities within limits prescribed by an established legal framework. Constitutional monarchies range from countries such as Liechtenstein, Monaco, Morocco, Jordan, Kuwait, and Bahrain, where the constitution grants substantial discretionary powers to the sovereign, to countries such as Australia, the United Kingdom, Canada, the Netherlands, Spain, Belgium, Sweden, Malaysia, Thailand, Cambodia, and Japan, where the monarch retains significantly less personal discretion in the exercise of their authority. ''Constitutional monarchy'' may refer to a system in which the monarch acts as a non-party political head ...
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Prime Minister Of Brazil
Historically, the political post of Prime Minister, officially called President of the Council of Ministers ( pt, Primeiro-ministro, Presidente do Conselho de Ministros), existed in Brazil in two different periods: from 1847 to 1889 (during the Empire) and from 1961 to 1963 (under the Fourth Republic). The parliamentary system was first introduced in the country in 1847 by Emperor Pedro II and maintained until the abolition of the monarchy in 1889. The system was briefly restored during the tenure of President João Goulart between 1961 and 1963, after a constitutional amendment approved by his opponents before the beginning of his term created the post; it was abolished with a plebiscite. Below are more detailed descriptions of the post in each period. Presidents of the Council of Ministers of the Empire of Brazil (1847–1889) The political position of Prime Minister of Brazil was first created in 1847 by the Brazilian Emperor Pedro II officially as President of the C ...
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Province
A province is almost always an administrative division within a country or state. The term derives from the ancient Roman ''provincia'', which was the major territorial and administrative unit of the Roman Empire's territorial possessions outside Italy. The term ''province'' has since been adopted by many countries. In some countries with no actual provinces, "the provinces" is a metaphorical term meaning "outside the capital city". While some provinces were produced artificially by colonial powers, others were formed around local groups with their own ethnic identities. Many have their own powers independent of central or federal authority, especially in Canada and Pakistan. In other countries, like China or France, provinces are the creation of central government, with very little autonomy. Etymology The English word ''province'' is attested since about 1330 and derives from the 13th-century Old French , which itself comes from the Latin word , which referred to the sphe ...
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Brazilian Empire
The Empire of Brazil was a 19th-century state that broadly comprised the territories which form modern Brazil and (until 1828) Uruguay. Its government was a representative parliamentary constitutional monarchy under the rule of Emperors Dom Pedro I and his son Dom Pedro II. A colony of the Kingdom of Portugal, Brazil became the seat of the Portuguese colonial Empire in 1808, when the Portuguese Prince regent, later King Dom John VI, fled from Napoleon's invasion of Portugal and established himself and his government in the Brazilian city of Rio de Janeiro. John VI later returned to Portugal, leaving his eldest son and heir-apparent, Pedro, to rule the Kingdom of Brazil as regent. On 7 September 1822, Pedro declared the independence of Brazil and, after waging a successful war against his father's kingdom, was acclaimed on 12 October as Pedro I, the first Emperor of Brazil. The new country was huge, sparsely populated and ethnically diverse. The ...
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Benjamin Constant
Henri-Benjamin Constant de Rebecque (; 25 October 1767 – 8 December 1830), or simply Benjamin Constant, was a Franco-Swiss political thinker, activist and writer on political theory and religion. A committed republican from 1795, he backed the coup d'état of 18 Fructidor (4 September 1797) and the following one on 18 brumaire (9 November 1799). During the Consulat, in 1800 he became the leader of the Liberal Opposition. Having upset Napoleon and left France to go to Switzerland then to the Kingdom of Saxony, Constant nonetheless sided with him during the Hundred Days and became politically active again during the French Restoration. He was elected Député in 1818 and remained in post until his death in 1830. Head of the Liberal opposition, known as ''Indépendants'', he was one of the most notable orators of the Chamber of Deputies of France, as a proponent of the parliamentary system. During the July Revolution, he was a supporter of Louis Philippe I ascending the throne. ...
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Moderating Power (Empire Of Brazil)
The Moderating power ( pt, Poder moderador) in the Empire of Brazil The Empire of Brazil was a 19th-century state that broadly comprised the territories which form modern Brazil and (until 1828) Uruguay. Its government was a Representative democracy, representative Parliamentary system, parliamentary constituti ... was the fourth state power instituted by the 1824 Brazilian Constitution alongside the Executive, Legislative and Judiciary powers. The 1824 Constitution conceived the most innovative and original item in the constitutional text: the Moderating Power. This fourth power, exclusive to the emperor, served as a "mechanism for absorbing the attrition between the legislative and executive powers" and in its role as "keeper of the balance", it granted emperor Pedro II throughout his reign "that situation of primacy which he exercised with so much pleasure and peace". When analyzing the Moderating Power and the parliamentary government, Tobias Barreto explained the reason ...
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Judiciary
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases. Definition The judiciary is the system of courts that interprets, defends, and applies the law in the name of the state. The judiciary can also be thought of as the mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make statutory law (which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets, defends, and applies the law to the facts of each case. However, in some countries the judiciary does make common law. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. Courts with judicial review power may annul the laws ...
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Legislative
A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government. Laws enacted by legislatures are usually known as primary legislation. In addition, legislatures may observe and steer governing actions, with authority to amend the budget involved. The members of a legislature are called legislators. In a democracy, legislators are most commonly popularly elected, although indirect election and appointment by the executive are also used, particularly for bicameral legislatures featuring an upper chamber. Terminology The name used to refer to a legislative body varies by country. Common names include: * Assembly (from ''to assemble'') * Congress (from ''to congregate'') * Council (from Latin 'meeting') * Diet (from old German 'people') * Estates or States (from old French 'condition' or 'status') * Parliament (from French ''parler'' 'to sp ...
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Executive (government)
The Executive, also referred as the Executive branch or Executive power, is the term commonly used to describe that part of government which enforces the law, and has overall responsibility for the governance of a state. In political systems based on the separation of powers, such as the USA, government authority is distributed between several branches in order to prevent power being concentrated in the hands of a single person or group. To achieve this, each branch is subject to checks by the other two; in general, the role of the Legislature is to pass laws, which are then enforced by the Executive, and interpreted by the Judiciary. The Executive can be also be the source of certain types of law, such as a decree or executive order. In those that use fusion of powers, typically Parliamentary systems, the Executive forms the government and its members generally belong to the political party that controls the legislature or "Parliament". Since the Executive requires t ...
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