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The 1988 Brazilian Constitution is the seventh enacted since the country's independence in 1822, and the sixth since the proclamation of the republic in 1889. [ 1 ] [ 2 ] It was promulgated on 5 October 1988, after a two-year process in which it was written from scratch.
This work is in the public domain in Brazil for one of the following reasons: It is a work published or commissioned by a Brazilian government (federal, state, or municipal) prior to 1983. (Law 3071/1916, art. 662; Law 5988/1973, art. 46; Law 9610/1998, art. 115)
This constitution was the shortest-lived Constitution of Brazil, lasting only three years (until 1937). Despite its short life, this constitution was important because it was the first time a Brazilian constitution was written from scratch by directly elected deputies in multi-party elections.
Palace of Justice in Brasília. Brazilian law is largely derived from Portuguese civil law and is related to the Roman-Germanic legal tradition. This means that the legal system is based on statutes, although a recent constitutional reform (Amendment to the Constitution 45, passed in 2004) has introduced a mechanism similar to the stare decisis, called súmula vinculante.
The Federal Senate (Portuguese: Senado Federal) is the upper house of the National Congress created by the first Constitution of the Brazilian Empire in 1824; it was inspired by United Kingdom's House of Lords, but with the Proclamation of the Republic in 1889 it became closer to the United States Senate. [10]
A codified constitution is a constitution that is contained in a single document, which is the single source of constitutional law in a state. An uncodified constitution is one that is not contained in a single document, but consists of several different sources, which may be written or unwritten.
The 1988 Constituent Assembly (Portuguese: Assembléia Constituinte de 1988), also known as the National Constituent Assembly (Portuguese: Assembléia Nacional Constituinte) was held in Brasília to establish Brazil's new democratic Constitution after 21 years under military rule.
The Arquivo Nacional (in English: The Brazilian National Archives) is an institution of the Brazilian Ministry of Justice and Public Security responsible for the management and preservation of documents pertaining to the federal public administration and located in the city of Rio de Janeiro.