Brazilian Constitution Research Articles

Genética da Constituição

This article analyzes what has come to be known as Brazilian constitutionalism. It focuses on the “genetics” of the first Brazilian Constitution during the period from 1821 to 1824. This phase is characterized by competition between various constitutional projects, such as the Portuguese Constitution of 1822, the draft made by the 1823 Constituent Assembly — the “Mandioca” Constitution — and, specifically, Frei Caneca’s project for the Constitution of the Confederation of the Equator. We understand that these projects are driven by both desire and fear — mutually. Frei Caneca desired a liberal Constitution and feared the Constitution of Emperor Pedro I, fearing the arbitrariness, oppression, and concentration of power it promoted. The emperor, on the other hand, desired a Constitution that would grant him power and feared the fragmentation of the territory, the discontinuity of the dynasty and the displeasure of the elites. We refer to this as the genetics of laws. We employ Frei Caneca’s concept of the Constitution as the “Minute of the Social Pact.” We also make some comparisons between the agenda of that time and those faced by the Brazilian Republican Constitution of 1988, noting certain breaks and continuities over these two hundred years.

Uma Constituição e dois hinos

D. Pedro I was a composer and played several instruments. He affirmed his commitment to constitutional ideals by creating, in 1821, the Hymn of the Charter, being also the author of the lyrics. Adopted as the anthem of Portugal from 1834 to 1910, it is his most widespread work. However, its best-known anthem in Brazil is the Independence Anthem of Brazil, originally called Imperial and Constitutional, written to mark the granting, on March 25, 1824, of the first Brazilian constitution. When D. Pedro succeeded his father in Portugal, in March 1826, he has established the same constitution. In both countries, they were the longest-lasting rules. This article seeks to highlight D. Pedro's musical careers, always at the service of his liberal ideas.

Governo e administração na constituição de 1824

This essay deals with the invention of constitutional time in Brazil, from the Constitution of 1824, from the perspective of the distinction between Government and Administration. Understanding that law is an integral part of historical events, firstly, the constitution of the State and Government of Brazil is described, considering the institutional environment of the formation of the new state and the distribution of functional competencies made in the Constitution (1). Next, we report the scientific differences between Visconde do Uruguay and Joaquim Antonio Ribas, because they founded administrative legal thought in the country (2). The method used was hypothetical-deductive, as it observes the organization of the State and Government in the first Brazilian constitution and establishes a general proposition, and also starts from general arguments, to conclude that the constitutional monarchy constituted was not liberal, since it maintained slavery and the union between State and Church. The procedures are descriptive and comparative of descriptions of legal historiography, using primary sources (legal texts and works of legal doctrine of the time) and works of political philosophy, history of law, constitutional law and administrative law related to the theme. Partial conclusions were released throughout the exhibition, and are summarized at the end.

A Constituição de 1824

Brazilian constitutionalism was similar in many aspects, in the diferent projects presented in the country, to European and North America ones. In this way, there were many symmetries, from the philosophical and scientific background of a world governed by natural laws, to the idea of a social contract, the affirmation of rights, the abolition of the Societé des Ordres and the organization of the State. There were, however, singularities or Brazilian adaptations. Such as the concept of political representation shared between the Nation and the Emperor and the proposal of a “Poder Moderador”. In the Constitution of 1824, a model of moderate monarchy prevailed, without republicanism nor a return to the Old Regime. It was a compromisse solution that considered three of the challenges faced at the time of Independence: slavery, large estates and foreign dependance.

A taxa de fiscalização de exploração de recursos minerários no estado do Pará e a utilização do produto da sua arrecadação. Reflexões à luz da Constituição Federal

This essay aims to reignite the debate over the allocation of revenue from the Fee for Control, Monitoring, and Supervision of Mineral Research, Mining, Exploration, and Exploitation Activities (TFRM), established by Pará State Law nº 7,591/2011. The primary focus is on the flexibility of using TFRM revenue beyond its original purpose. The discussion emphasizes the challenges excessive revenue earmarking presents for public management and references Brazilian case law, highlighting the non-mandatory nature of such linkages, except in cases explicitly defined by law, like judicial fees. Although the Brazilian Constitution prohibits earmarking tax revenue, it does not impose the same restriction on fees unless specifically legislated. Drawing on Supreme Court decisions, this analysis questions the automatic presumption that fee revenue must fund the specific public services that justify their collection.

BETWEEN FAITH AND LEGALITY: A STUDY ON THE REGULARIZATION OF PUBLIC LAND OCCUPIED BY RELIGIOUS AND WELFARE ENTITIES IN THE FEDERAL DISTRICT

This article explores the relationship between Church and State in Brazilian Constitutions, focusing on secularism and the growing political power of evangelicals. The research investigates how this influence impacts the regularization of public lands occupied by religious and social welfare entities, which are objects of study in the Third Sector. Using a methodology that combines legal-constitutional analysis and Edgar Morin's complex approach, the study highlights the historical construction of religious influence in Brazil. In the Federal District, urban expansion and population pressure complicate land regularization. Between 1991 and 2008, many legislative efforts failed due to violations of the Constitution and the LODF. Complementary Law No. 806/2009 and Law No. 6.888/2021 are important to resolve these issues, proposing new parameters for collaboration between the State and non-profit entities. The article's hypothesis, confirmed by statistical data, suggests that the increase in the political power of evangelicals influences the regularization of public land in the DF, evidencing a correlation between the growth of the evangelical population and the formulation of specific legislation.

Animal Protection in Brazil: Legislative and the Society Evolvement in the Last Century

The aim of this review was to analyze Brazilian animal protection policy throughout history and discuss the importance of some recent events and societal developments in its modernisation. A search for the complete legislation and scientific works was performed on the government’s website and search platforms (Google scholar, Science direct and CAPES). It was observed that the first Brazilian law on animal protection was published in 1924. After this, several amendments were incorporated. The current Brazilian Constitution, published in 1988, was a landmark in the modernisation of animal protection in the country as it allowed the recognition of sentience and thus characterised cruelty and mistreatment of animals as crimes. At the same time, society has evolved, increasing the proximity with animals until the recent development of the concept of the multi-species family positioning animals as family members. Recent reports have shown that animal abuse and cruelty can still occur and the application of the animal protection policy is allowing pursuits and condemnation of offenders. Brazil is a young country but its policy on animal protection and its society greatly evolved in the last century. This progress is still ongoing as the society is taking an active role to push improvements on public policies and surveillance towards animal mistreatments. However, it would be advisable to include the real needs of animals in the reflections in order to avoid making decisions that are erroneously harmful to animals. This work was a collaboration between the post-graduation program of the Veterinary school of the Federal Rural University of Pernambuco – Brazil and The National school of veterinary of Alfort - France, from January to August 2024.

THE INSTITUTIONAL COMPETENCIES OF THE STATE PUBLIC SAFETY AGENCIES OF GOIÁS AND THEIR PROPENSION TO RESPOND TO DISASTERS

This article seeks, based on a review of the institutional competencies of state public safety agencies, to relate these competencies to the propensity of each agency to be activated in the event of disasters. A survey of the legislation was carried out, especially of the public safety agencies of the State of Goiás, outlining their competencies from the provisions of the Federal Constitution, in addition to a brief bibliographic review on disaster response. In the treatment of the four state public safety institutions provided for in the Brazilian Constitution, it was evident that, due to its institutional competencies, the Military Fire Department is the agency most likely to be activated in response to disasters. Thus, it is possible to take a look at the institutions, including in the sense of formulating organizational policies aimed at providing care to professionals.

DESAFIOS JURÍDICOS NA REGULAMENTAÇÃO DAS CRIPTOMOEDAS SOB A CONSTITUIÇÃO BRASILEIRA

The research addresses the "Legal Challenges in the Regulation of Cryptocurrencies under the Brazilian Constitution", with the objective of analyzing the legal difficulties related to the regulation of cryptocurrencies in the country. In addition, it seeks to investigate how these digital currencies align with constitutional principles, examine their impact on the Brazilian economy and the security of the business environment, and propose recommendations for adequate regulation. The research problem can be summarized in the following question: In what way does the regulation of cryptocurrencies, in light of the Brazilian Constitution, influence the individual guarantees of citizens and the legal security of the system? The regulation of cryptocurrencies in Brazil presents significant challenges in the legal and constitutional context. Although these virtual currencies play a growing role in the global economy, their decentralized nature, lack of state control, and volatility generate uncertainties that directly affect the Brazilian legal system. The research uses a bibliographical approach, based on academic studies, doctrines, and legislation, aiming to offer a critical view on the subject and contribute to the legal debate around cryptocurrencies in the national scenario.

The Surprising Survival of Constitutionalism in the Caudillo Republic of Rio Grande do Sul, Brazil, 1836–1845

Abstract The caudillo strongman remains emblematic of Latin American authoritarianism, but scholarship has seldom reflected on the semantic shifts that this concept suffered over time and its implications for the history of political thought. Numerous political experiments have been marginalized from historical and state-building narratives as the irrelevant work of caudillos, such as the short-lived Rio Grandense Republic in southern Brazil (1836–45). By explaining the Rio Grandense caudillos’ engagement with constitutionalism, this article argues that ‘caudillo’ can be a useful category of analysis if historically contextualized. The article thus reconsiders the history of political thought and state-building in Latin America and beyond in the age of revolutions, suggesting the serious need to scrutinize ‘failed’ states and revolutions. This argument is pursued in three steps. First, the article describes shifting understandings and usages of ‘caudillo’ in nineteenth-century Brazil and neighbouring River Plate states. Second, it analyses the Rio Grandense Republic’s 1842–3 constituent assembly and the novel electoral procedures it employed. Third, it examines the never-promulgated constitutional draft produced by its assemblymen. This constitutional draft is then compared to contemporary River Plate and Brazilian constitutions and its rejection is explained through the assemblymen’s divergent understandings of constitutionalism and democracy.

A MERCANTILIZAÇÃO NO ENSINO E SUAS CONSEQUÊNCIAS

Education presents itself as a central pillar for citizens’ training processes, whether within the family, at work, in institutions or in society. The Universal Declaration of Human Rights and the Brazilian Constitution of 1988 guarantee education as an assured right that must be offered to the entire population. However, together with the growth in access to education for the various social classes, there is also a breakdown of education due to the entry of private institutions. This study aims to demonstrate the evolution and negative influences from the private sectors in Brazilian education, training less qualified professionals, thus harming the whole of society.

Repensando o repensamento do “Princípio da Supremacia do Interesse Público sobre o Particular”: uma reabertura do debate, no plano da pré-compreensão jurídica

It is proposed to investigate the existence, in Brazilian Constitution, of a notion of primacy of public over private interests. At the current stage of dogmatics, two ideas of supremacy are confused: of public over private interests, and of collective over individual interests. Qualitative bibliographic research was carried out, which developed from the criticism directed by Humberto Ávila to the supremacy of public interest’s dogmatics. Method was compilatory and critical of the so-called “deconstructive” and reactionary positions. It was identified that the processes of semantization of public interest as collective interest, and of creation of an axiom of absolute supremacy — not originally sustained — serve to provide an easy solution to a problem that did not exist. It is also unveiled that the reasons for “deconstructing” the (supposed) axiom of the absolute supremacy of the public over private interests serve as a starting point for the discussion on the primacy of collective over individual interests. As a result, juridical pre-comprehensions, especially about state and constitution theories, have a decisive influence on the relationship of priority in the satisfaction of interests, even for the dogmatic current that maintains that the public interest can only be discovered by means of balancing.

Direitos das trabalhadoras gestantes, adotantes e lactantes no Brasil: legislação aplicada

Due to its complexity, the Brazilian legislation requires continuous study from legal practitioners to ensure proper application. The protective rules for maternity, including pregnancy, adoption, and lactation have gradually been increased over the years, in compliance with Article 7 of the Brazilian Constitution, which encourages the emergence of new social rights. These rights can be stratified into those that arise with pregnancy, those that develop during the course of gestation, and those that protect the child at the beginning of its life outside the womb. Additionally, there are rights pertinent to new situations or aimed at increasing the father’s participation during this initial phase.

RELATIVITY OR NOT OF THE CONSTITUTIONAL RIGHT TO SILENCE

This Article brings out specific and deepened approach to the right to silence, examining the hypothesis according to which the aforementioned constitutional and fundamental right would be relative or not. With the aim of scrutinizing the right to silence, based on an investigative stimulus provoked by a concrete situation resulting from a court decision, the present study starts from the analysis of the idea of ​​complementarity and interdisciplinarity between Public Law and Private Law, as well as among varied branches of law. This is because the right to silence itself, better explored in the second chapter, depending on interpretations and theoretical developments, can gravitate and transit, sometimes more, sometimes less, along with Public and Private Laws. And because the right to silence is, at the same time, another right to freedom found in the 1988 Brazilian Constitution, its specific research in this article is preceded by directed evaluation of other fundamental freedoms, such as the expression of thought, among others developed in the text. Finally, considering the analytical-deductive methodology used, supported by theories, legislation, legal norms and current concrete decisional examples, this research revisits classical themes, but strengthens and innovates them with a peculiar and specific epistemological and hermeneutic exercise.

Dismantling and Reconstruction of Public Policies in Brazil: From Bolsonaro’s Destruction to the Possibilities of Union to Rebuild

This article discusses the Brazilian political situation with a focus on the dismantling of public policy that occurred during the government of President Jair Bolsonaro between 2019 and 2022. It also focuses on the possibility that emerged with the election of President Lula da Silva in October 2022 of rebuilding politics and the Brazilian state. The study seeks to demonstrate how the Brazilian state was dismantled, jeopardizing the provision of public policies that guarantee the social, political, and human rights enshrined in the 1988 Brazilian Constitution.

THE PROS AND CONS OF ARTICLE 207 OF THE 1988 FEDERAL CONSTITUTION OF BRAZIL

Purpose: This article focuses on Article 207 of the 1988 Brazilian Constitution. It then discusses the pros and cons of this article, which gives full rights to Higher Education Institutions (HEIs) in relation to their teaching and administrative autonomy. The social problem is as follows: Do HEIs (Higher Education Institutions) violate the law or not, as they are protected by Article 207 of the 1988 Brazilian Constitution? The aim of this study is to show how HEIs use Article 207 (BRAZIL, 1988) in their selection processes for undergraduate and postgraduate courses in Brazil.
 Method: This investigation used the Experience Report as its method and the qualitative approach as its approach.
 Results and Discussion: The results of this study show that HEIs do violate the law. Unfortunately, there seems to be no supervision by public bodies, except when the MEC (Ministry of Education) or another recognized body visits these institutions to qualify or disqualify their courses at national level and even internationally (institutions other than the MEC). On these occasions, unfortunately, many camouflages are made by these HEIs. Reading this article, it becomes clear that the university autonomy of Article 207 of the 1988 Federal Constitution (BRAZIL, 1988) does not in fact guarantee democracy within the HEIs, especially when it comes to entering and remaining as a student, teacher and/or employee/servant, especially in public HEIs.
 Implications of the Research: This experience report explores the possibility of re-evaluating Article 207 of the Brazilian Constitution of 1988, to the extent that the autonomy guaranteed to Higher Education Institutions in Brazil is more effective, linked to constant inspections by public authorities without prior warning. Thus, it is understood that, although "enslaved" to a higher order represented by the Brazilian government and the legislation in force in Brazil, Brazilian universities will indeed be secular and for everyone.
 Originality/Value: This research and article, although short, raises for discussion a crucial point for guaranteeing democracy in access to higher education and postgraduate studies in Brazil, which is little debated. There is a lot of talk about autonomy within Brazilian universities today. However, there is little questioning of this autonomy and how harmful and lethal it can be to democracy within them.

Brazilian primary dental care in a universal health system: Challenges for training and practice

ObjectivesTo report the challenges for training and practice for the Brazilian primary dental care in a universal health system. MethodsHealth, education and protection rights against poverty are guaranteed by the 1988 Brazilian Constitution and public health in Brazil is provided by the Unified Health System (SUS), one of the largest public health systems in the world. According to SUS, every Brazilian citizen has the right to free primary oral health care as secondary and tertiary care, offering a unique opportunity to integrate oral care within general health care. ResultsThe Brazilian undergraduate Dental curriculum was updated in 2021 aiming to graduate general practitioners with a major in comprehensive health care in primary health care, integrated with public and general health. This curriculum update requires at least 20% of the academic hours to be exercised outside the university walls (extramural or community work), preferably within the SUS. ConclusionsConsidering the World Health Organization (WHO) agenda, Brazil needs to advance the innovative oral health workforce, the integration of oral health into primary care, the population access to essential dental medicines and optimal fluorides for caries control. Clinical significanceIt is necessary political action and the engagement of multiple stakeholders, mainly from the health and education sectors, to improve primary health care

Multidisciplinary aspects of the notion of efficiency: a discussion under applicability in the judiciary

This article aimed to discuss the multidisciplinary aspects of the notion of efficiency in relation to the decision maker's actions when aiming to meet speed, transparency, planning and economy. The principle of efficiency was included in the Brazilian Constitution in art. 37 by Constitutional Amendment nº 19, of 06/04/1998, defining the way public administration operates in its spheres of power to optimize management and achieve better results. This is qualitative research, with a descriptive nature, in which the interpretation and explanation of the theme and its social relations with aspects of reality prevail. As for technical procedures, it is characterized as bibliographic and documentary, in which it made use of elaborate material (books, scientific articles) and various materials (legislation, reports, manuals and others). It was found that the notion of efficiency has always been, in general, approached as the cost-benefit relationship observing the combination between available resources and their results (products and/or services). In Brazil, the applicability of efficiency in public management has gained emphasis over the years, both due to the evolution of legislation and the improvement of the way public entities are managed. In the judiciary, speed is more associated with procedural rites (time variable); transparency, good examples are the Justice in Numbers Report and the Socio-Environmental Report; planning, the National Council of Justice is responsible for improving work, control and administrative and procedural transparency; economy, the notion of performance with quality, achieving the best possible result. The concept of eco-efficiency has gained strength in recent years due to the gap in the development and implementation of efficiency as sustainability strategies with the premise of combining economic and environmental efficiencies.

The sustainability in the 21st century and its shelter in the Brazilian Constitution of 1988

The challenges of modernity, especially those resulting from globalization and the unlimited exploitation of natural resources, which have resulted in a serious ecological crisis, require new values, of which sustainability stands out. The general objective of this work is to analyze the importance and influence of sustainability in facing the consequences of globalization and its influences on law and the conformation of contemporary States. In turn, the specific objectives will be centered on the exposition of the current stage of globalization, the emergence of sustainability as a new paradigm that recasts and guides the State and the law, and finally, the conformation that this new paradigm has received in the context of the Federal Constitution of 1988. As for the methodology, the inductive method was used in the research phase, and the Cartesian method in the data treatment phase.

Sustainable Development Goals and Taxation in the Brazilian Constitution

Sustainable Development Goals and Taxation in the Brazilian Constitution