Brazil Constitutional, Administrative and Judicial System
By itypeusa | January 8, 2022
The Brazilian nation has adopted the form of government of the federal republic with a representative regime, constituting itself, with the perpetual and indissoluble union of its ancient provinces, in the United States of Brazil (Republica dos Estados unidos do Brazil ; constitution of 24 February 1891, revised September 4, 1926). This system of government gave each of the ancient provinces the character of a state, with the necessary autonomy to organize and maintain its government and administration, and guaranteed complete autonomy to the municipalities within each state.. The former neutral Town Hall was erected in the Federal District, seat of the government of the Union until the day in which the new capital of the republic is founded on the central plateau of the territory. The federal district will then form a new autonomous state. In addition to the Federal District, the constitutional charter has therefore created three distinct bodies: the Union or Federal Government, the states in number of 21 and the municipalities within the individual states. By virtue of this bond of constitutional subordination, the Union has by right the supremacy, in the sense that the direction of all national affairs and interests is its exclusive competence.
The Union is governed by the federal constitution and by the organic laws concerning its national aims; the states are governed by their own constitutions and their own laws, which must not be in contrast with the constitutional principles of the Union and must guarantee the autonomy of the municipalities in everything that concerns their particular interests; finally, the municipalities are governed by the organic laws of the states and by the complementary laws issued by them.
It is a fundamental principle of the constitution that sovereignty resides in the people and has the three powers as essential organs: legislative, executive and judicial, in harmony with each other, but independent of each other. The first is exercised by the National Congress divided into the Chamber of Deputies and the Senate, the second by the President of the Republic (elected, like the members of the Chamber and the Senate, by direct suffrage of the nation), the third by acts of the executive, or with the intervention of the Senate, when it comes to appointments to the Federal Supreme Court.
The President of the Republic, in addition to exercising executive power, represents the Union in its relations with foreign countries, does not have the right to dissolve the National Congress, but has the right of veto against the laws voted by it: however, these laws may be brought back up for discussion and, if reapproved by a two-thirds majority, the veto against them remains canceled. The president also elects and dismisses the ministers accountable to him and not admitted to the sittings of the Chamber.
Given the natural limitations of competence, independence and harmony of the three political powers, the powers of the Federal Union include all affairs, all interests and needs of a national and federal nature, namely:
international relations of any kind; war cannot be declared, except after an attempt at arbitration; the nation formally bans any war of conquest;
the compilation of the annual financial statements; the statement of income and expenses for each financial year;
the right to take out loans and in any case to carry out credit operations necessary for the administration of the republic;
legislation and provisions in civil, commercial and criminal, financial, customs and military matters;
the creation of higher and secondary education establishments;
defense of the constitution and laws.
The judicial power of the Union has as its organs a Supreme Federal Court, based in the capital of the Republic and as many federal courts, distributed throughout the country, as the congress creates. The federal Supreme Court is responsible for all matters of an ordinary Supreme Court of Criminal and Administrative Justice. It is made up of 15 members elected by the President of the Republic, with the approval of the Senate.
According to microedu, the federal judges are lifelong and cannot lose their office, except for the sentence of a magistrate. The federal courts (11 in number) have jurisdiction: cases in which any of the parties bases its action on a provision of the federal constitution; lawsuits brought against the government of the Union or the national treasury, based on provisions of the constitution, laws and regulations of the executive power or on contracts with the government; disputes between a state of the Union and citizens of another state or between citizens of different states; disputes between foreign states and Brazilian citizens; actions brought by foreigners and based either on contracts with the Union government or on Union conventions and treaties with other nations; issues of maritime law and maritime, river and lake navigation; matters of international criminal or civil law; political crimes.
The states of the Union provide with their means to the needs of their government and their administration, and are governed, as has been said, each according to their own constitution and laws. They own the mines and state-owned land located in their respective territories, except only the land which the Union may need for border defense, military fortifications and constructions and federal railways. They have the right to enter into conventions and agreements with each other without a political character. The Union can only intervene in a state to protect its territory or its political institutions; to restore public order there; to enforce the enforcement of federal laws and judgments. The public power, in the states, is divided into legislative, executive and judicial. In some states, the legislature is split between the Chamber of Deputies and the Senate. The heads of the executive power have the title of president or governor and are elected for terms ranging from three to five years; in general, they cannot be re-elected for the period immediately following that in which they exercised their functions. It is up to the judicial authorities of the states to investigate and judge all actions and trials not devolved to the federal courts. But in some cases, the final decision rests with the Federal Supreme Court. When the they cannot be re-elected for the period immediately following that in which they exercised their functions. It is up to the judicial authorities of the states to investigate and judge all actions and trials not devolved to the federal courts. But in some cases, the final decision rests with the Federal Supreme Court. When the they cannot be re-elected for the period immediately following that in which they exercised their functions. It is up to the judicial authorities of the states to investigate and judge all actions and trials not devolved to the federal courts. But in some cases, the final decision rests with the Federal Supreme Court. When the habeas corpus is denied by the local judicial authorities, recourse to the Supreme Court is always allowed.
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Category: South America Tags: Brazil
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