The Constitution of the Federative Republic of Brazil (Constituição da República Federativa do Brasil) is the supreme law of Brazil. It is the foundation and source of the legal authority underlying the existence of Brazil and the federal government of Brazil. It replaced the autocratic 1967 constitution ending with 21 years of military dictatorship and establishing Brazil's 6th republic, also known as the New Republic (Nova República). Made in the light of the Brazilian transition to democracy, it resignified the role of the state in the citizens' lives, providing a vast system of human and individual rights protection, social welfare and democratic tools.
The current Brazilian Constitution is the seventh enacted since the country's independence in 1822, and the sixth since the proclamation of the republic in 1889. It was promulgated on 5 October 1988, after a two-year process in which it was written from scratch.
History of the Constitution of Brazil
The current Constitution of Brazil was drafted as a reaction to the period of military dictatorship, and sought to guarantee individual rights and restrict the state's ability to limit freedom, to punish offences and to regulate individual life. Among the new constitutional guarantees are the errand of injunction and the habeas data. It also anticipated the existence of a Consumers' Defence Code (enacted in 1990), of a Children's and Youth Code (1990) and of a new Civil Code (2002).
It was the first constitution to demand severe punishment for breaches of civil liberties and rights. Consequently, Brazil later approved a law making the propagation of prejudice against any minority or ethnic group an unbailable crime. This law provided legal remedy against those who spread hate speech or those who do not treat all citizens equally. This second aspect helped disabled people to have a reserved percentage of jobs in the public service and large companies, and Afro-Brazilians to seek reparation for racism in court.
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The president of Brazil (presidente do Brasil), officially the president of the Federative Republic of Brazil (presidente da República Federativa do Brasil) or simply the President of the Republic, is the head of state and head of government of Brazil. The president leads the executive branch of the federal government and is the commander-in-chief of the Brazilian Armed Forces. The presidential system was established in 1889, upon the proclamation of the republic in a military coup d'état against Emperor Pedro II.
Civil liberties are guarantees and freedoms that governments commit not to abridge, either by constitution, legislation, or judicial interpretation, without due process. Though the scope of the term differs between countries, civil liberties may include the freedom of conscience, freedom of press, freedom of religion, freedom of expression, freedom of assembly, the right to security and liberty, freedom of speech, the right to privacy, the right to equal treatment under the law and due process, the right to a fair trial, and the right to life.
A state of emergency is a situation in which a government is empowered to put through policies that it would normally not be permitted to do, for the safety and protection of its citizens. A government can declare such a state during a natural disaster, civil unrest, armed conflict, medical pandemic or epidemic or other biosecurity risk. Under international law, rights and freedoms may be suspended during a state of emergency, depending on the severity of the emergency and a government's policies.
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