I talk about Brazil's system of government from executive to legislative and how elections work. I also talk about how it is a federation which means states and even districts within them get autonomy rights.
1. February 17,
2020
The Government System of Brazil
theweeklyrambler.com/the-government-system-of-brazil/
Brazil is a large country located in the continent of South America, in-fact the largest
country on that continent, it borders 9 different countries and one overseas territory
which is pretty huge, these are Suriname, Guyana, Venezuela, Colombia, Peru, Bolivia,
Paraguay, Argentina and Uruguay, it also borders the French overseas territory of French
Guiana and has a long coast along the Atlantic Ocean. There are only two countries in
South America that this mammoth doesn’t border, which are Ecuador and Chile.
The country’s capital is Brasilia, a modern and newly created city that was made the
capital in 1960, before that the capital city was Rio de Janeiro. The city of Brasilia is
located in the center-western region of the country on the Brazilian Highlands.
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2. Brazil was a major part of the Portuguese Empire, with that Empire even transferring its
capital from Lisbon to Rio de Janeiro and the area eventually became a Kingdom in 1815
called the United Kingdom of Portugal, Brazil and the Algarves. Sometime after this due
to increasing tensions between Brazilians and the Portuguese, independence was
declared and became the Empire of Brazil, which included Brazil as it is today but also
had control of what is today Uruguay, which later gained independence within the
ongoing wars that were happening at the time. A military coup eventually led to the end
of the Empire of Brazil, overthrowing the monarchy and making Brazil a military
dictatorship, numerous uprisings and the outcome of World War 2 eventually led to
democracy in Brazil and the country as it stands today.
The country’s official language is Portuguese and the largest religion is Catholic. The
country’s currency is called the Brazilian real, 100 Centavos make 1 Real, more than 1
Real is called Reais.
Government Type
Brazil Coat of Arms. Public Domain.
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3. Brazil is a Federal Presidential Republic and as a federation it is made up of 26 states and
one Federal District, each of the states have their own elected governments, led by a
Governor and have their own constitutions and are overlooked by the federal
government located in the Federal District and the Federal Constitution. These states can
make their own state laws, which cannot come into conflict with federal laws, the states
are granted exclusive powers to make laws concurrent with general rules set forth by
federal law. The federal constitution sets forth how states must structure their legislative
assemblies and how elections for Governors must work.
The Federal District also has its own Governor and degree of autonomy.
Counties within states are even granted autonomy by the federal constitution and have
powers for their own local governments and elected leaders, counties must abide by
both its state constitution and the federal constitution and not come into conflict with its
state’s laws or federal laws. County governments are led by elected Prefects.
So basically, County Prefect > State Governor > Federal President of Brazil also just called
the President of the Republic.
The Federal Constitution regulates when the Federal Government authorities can
intervene in states and when a state’s authorities can intervene in a county.
The Federal Government is led by a President who is both Head of State and Head of
Government and there is also a bicameral legislature that makes up the federal
legislative government.
Multiple political parties are allowed and in fact, candidates must be affiliated with a
political party to run as candidates in elections for the federal legislature or for president.
Executive Government
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4. Palacio do Planalto, Executive seat of Government. Photo byUri R from Wikimedia. License.
As said above the Executive Federal Government is led by the President who has a
number of executive powers at their disposal and the President and their government,
as the President is Head of Government, are accountable to the bicameral federal
parliament or National Congress as it is called. The President is also Head of State
meaning they represent the country abroad in foreign and global affairs.
The President’s powers include but are not limited to, calling extraordinary sessions of
parliament, with an absolute majority consent from parliament. Can propose
amendments to the constitution to be considered by both chambers of parliament. The
President also promulgates law bills into law that are passed by the National Congress,
but he can choose to veto a bill or a passage or parts of a bill, if this happens the bill is
sent back and the congress can join both houses together to deliberate the veto, if they
pass it again the President must promulgate it. If after 15 days the President does not
promulgate a bill or veto it, then the President of the Senate will get the power to
promulgate it instead, if he does not either, then the Vice-President of the Senate can
promulgate it instead.
The President appoints one-third of the Ministers of the Tribunal of Accounts, chosen
from proposed lists from the Tribunal and confirmed by the Senate. This Tribunal of
Accounts basically reviews, regulates and oversees the President and government on
matters to do with finance and budgets and renders/reviews accounts and makes sure
law and the constitution are followed in this regard. The President can also appoint and
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5. dismiss ministers of federal government. Can also decree a state of defense or siege or
decree federal intervention, consented to by National Congress. Can grant pardons and
commute sentences.
Is the supreme commander of the country’s armed forces, able to appoint commanders
of the Navy, Army and Air Force, promote their generals and appoint them to positions
held exclusively by them.
With Federal Senate approval the President appoints ministers of the Supreme Federal
and Superior tribunals, Governors of territories (not states or the federal district which
are elected), the Procurator-General of the Republic, president and directors of the
Central Bank and other civil servants.
Also appoints Judges and the Advocate-General as guided by the constitution and which
are confirmed by the Federal Senate. Also appoints members of the Council of the
Republic and convokes and presides over it. Also convokes and presides over the
National Defense Council.
The Council of the Republic is a higher consultative body for the President of the
Republic and its members include the Vice-President of the Republic, the President of
the Chamber of Deputies, President of the Federal Senate, majority and minority leaders
from both the Chamber of Deputies and Federal Senate, the Minister of Justice and
finally six Brazilian citizens, who are 35-years or older, two appointed by the President of
the Republic, two elected by the Federal Senate and two elected by the Chamber of
Deputies, these six serve 3-year terms on the Council.
With consent from National Congress, can declare war and make peace.
Fill and abolish federal government offices, in accordance with the law.
Legislative Government
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6. National Congress Building. Photo Public Domain.
The bicameral federal legislative chambers are called the National Congress and is an
upper and lower house of parliament, one called the Chamber of Deputies and the other
called the Senate.
The lower house of Parliament is the Chamber of Deputies which currently has 513
members which can change in relation to the population of each state and of the federal
district. Other territories are limited to 4 Deputies.
The upper house of Parliament is the Senate which currently has a set 81 members.
Both of the above chambers have numerous committees that create and seek to
introduce legislation to the respective chamber, legislation must pass through both
houses with a simple majority (unless the constitution states otherwise, for example
complementary law requires an absolute majority) to pass on to the President who will
consider promulgation into law. Both chambers can amend legislation and if passed by
one house as amended must return to the other house again.
The National Assembly as a whole has full powers on consent to international treaties,
authorization for the President to declare war or make peace, or to authorize foreign
forces to pass through Brazil or to permit stay to them temporarily, gives consent for the
President and Vice-President to leave the country for more than 15-days, approve or
suspend states of defense, federal intervention or state of siege. Review of year accounts
from the President and consider reports on the execution of plans of the government
and authorize referendums among other exclusive powers.
The National Congress also votes to appoint two-thirds of the ministers on the Tribunal
of Accounts.
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7. The President in addition can allow the National Assembly to provide for matters such as
tax system and collection, income distribution, budgets, debts and issuing of legal tender,
determine and modify numbers of troops in the armed forces, development plans and
programs, territorial boundaries, granting of amnesty among others.
Both houses and any of their committees also have the power to summon any federal
government minister or any chief office holder in an agency directly subordinate to the
Presidency of the Republic to testify in person on a pre-determined matter. Failure to
turn up to a summons is an impeachable offense. Alternatively, they can also send
written requests for information from these people, which if not complied with within 30
days is also an impeachable offense.
The House of Deputies can also, with a two-third vote of its members, institute legal
charges against the President of the Republic or the Vice-President or any federal
Ministers. The Senate will then try the President or any other official of these
impeachable offenses, which can lead to removal from office with a conviction requiring
a two-thirds vote for conviction, those removed from office cannot hold or run for public
office again until after 8-years.
The Senate also has a number of other exclusive powers such as confirming judges,
Ministers of the Tribunal of Accounts, Governors of Territories and other holders of office
determined by law. They also authorize foreign financial transactions of interests and
consent to global limits on the amount of public debt of the union, states, federal district
and counties as proposed by the President. Will also periodically evaluate the functioning
of the National Tax System and other tax administration of the autonomous states,
federal district and counties.
Amendment of the constitution can be proposed by the President or by at least one-
third of the members of either chamber or by more than one-half of the legislative
assemblies of units of the Federation. The amendment is debated and voted on in two
rounds in both federal chambers, and requires a three-fifth vote in both rounds in both
chambers to pass.
Both chambers have Presidents and Vice-Presidents of the Senate or Deputies, they
overlook and regulate debate and put into action house rules and make sure house
rules are followed and abided and have powers against those who don’t follow the rules.
In order of precedence the President of the Senate ranks behind the Vice-President of
the Republic followed by the President of the Deputies.
Electoral System
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8. Photo by Felipe Menegaz from Wikimedia. License.
Presidential elections are held every 4-years and both the Presidential candidate and his
running mate (for Vice-President) are elected on the same ballot. To win a candidate
needs to get an absolute majority of votes, if this does not happen a 2nd round run-off
will be held between the two highest voted candidates, which is won by simple majority.
The Vice-President is first in-line to take-over or succeed the President due to
impediment or vacancy.
Elections for the Chamber of Deputies happen every 4-years. A set number of members
are elected from each state and territory as well as the Federal District itself using a
proportional representation method. The number of Deputies the States and Federal
District can elect is based on their population and then adjusted accordingly so that no
state or the Federal District has less than 8 elected Deputies and no more than 70, the
number of Deputies other territories can elect is limited to 4.
Elections for the Senate are a bit different, each State and the Federal District have three
Senators each, they serve for 8-year terms but elections still happen every 4-years as it
alternates between electing one-third of members and then two-thirds of the members
in the next election, the Senate is never elected all at once like the Chamber of Deputies
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9. is. Candidates are elected by first-past-the-post and block-voting methods, which is a
system that uses plurality or majority-at-large systems to elect multiple members from a
single electoral district.
To be a candidate for federal President one must have citizenship, full exercise of political
rights, be registered to vote, be affiliated with a party and be at least 35-years-old. These
same requirements are also for the Vice-Presidency and also to be eligible for Senator in
the upper House of the Federal Parliament. The President is limited to two consecutive
terms.
Governor’s in states are limited to 30-years-old instead but all other restrictions apply.
Lower House of Federal Parliament representatives must be at least 21-years-old and
the other restrictions also apply.
To vote in Brazil you must be a citizen of Brazil and be at least 16-years-old, voting is
mandatory for those over the age of 18 unless they are illiterate or 70-years-old or
above.
Source
My source for this is entirely from the country’s 1988 constitution with amendments
through to 2014, so it should be as accurate as possible but if you are using this in a
serious capacity it is important to cross-check as the possibility remains that I may have
misinterpreted something and the constitution can of course change over time and so
this may become outdated eventually.
Next up will be the government system of Brunei!
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