Abstract
The formation of the National State and its constitutional framework are contextualized within the “restoration period” of the rule of King D.João in Brazil and of the independence process. There were several constitutional projects, and the victorious political-juridical model introduced by the Constitution of 1824 assigned a conservative and stabilizing role to the “Moderating Power”, or “Royal Power”, especially through the Council of State and the Senate. This solution catered to the economically influential sectors of society, which sought a political-legal option equidistant both from absolute monarchy, associated with despotism, and from a republic, associated with Jacobin radicalism.
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