Marked by popular participation, Brazilian Constitution turns 35
The fruit of the re-democratization process that brought to an end 21 years of dictatorship (1964–1985), the Brazilian Constitution is celebrating its 35th anniversary this Thursday (Oct. 5). In force since October 5, 1988, it is the seventh constitutional text promulgated since 1824, when Emperor Pedro I imposed his first set of laws on the country.
Despite the fact that the text approved by the constituents has already undergone 143 changes—131 through regular amendments, six through amendments approved in the 1994 constitutional revision, and another six due to Brazil’s adherence to international human rights treaties—the current Constitution is the second longest-lasting since the republic was proclaimed in 1889, behind the second Constitution, in force for 43 years (1891–1934).
The document is commonly dubbed “the Citizens’ Constitution,” as it expanded civil liberties and individual rights, established the state’s responsibility to guarantee them to all citizens and defined Brazil as a democratic state based on national sovereignty, human dignity, political pluralism and the social values of work and free enterprise.
“The 1988 Constitution is the fruit of re-democratization and the establishment of the country’s democratic order,” commented Rosa Weber, former chief justice of the Brazilian Supreme Court shortly before retiring from the Judiciary in September.
Popular participation
Another reason why the 1988 text should still be referred to as the Citizens’ Constitution, after three and a half decades of profound social and cultural changes, is the fact that grassroots groups participated in its drafting in an unprecedented way.
In the regulations governing the activities of the Constituent Assembly, the members of parliament stipulated, among other things, that the constituents should welcome and examine suggestions from state and municipal legislative bodies, as well as associations and courts. It also recommends that they consider popular amendments with over 30 thousand signatures from Brazilian electors and those backed by at least three organizations.
One hundred and twenty-two popular amendments, which together received around 13 million signatures, were presented to the Systematization Commission. Eighty-three of them met all requirements, but only 19 received a favourable opinion and became part of the Constitution, resulting in the approval of major legal tools, such as the one allowing organized society to propose a bill to the Brazilian lower house.
