Executive Power in Brazil

Introduction

The Executive Power (Poder Executivo) in Brazil is exercised by the President of the Republic, assisted by the ministers of state. The 1988 Constitution establishes a presidential system where the President serves as both head of state and head of government. The executive branch has extensive powers, including the authority to issue provisional measures (medidas provisórias) with force of law, initiate legislation, and conduct foreign relations.

The Presidency

Election and Term

The President is elected by direct popular vote for a four-year term. Constitutional Amendment 16/1997 allowed one consecutive re-election, so a President may serve a maximum of eight consecutive years. The election requires an absolute majority; if no candidate achieves this, a runoff between the top two candidates is held.

Qualifications

The President must be: (i) a natural-born Brazilian citizen; (ii) at least 35 years old; (iii) in full exercise of political rights; and (iv) registered with a political party (independent candidates are not permitted).

Vice-President

The Vice-President (Vice-Presidente) is elected on the same ticket as the President and assumes the presidency in case of vacancy, impeachment, or temporary incapacity.

Succession

If both President and Vice-President are unable to serve, the line of succession follows: (i) President of the Chamber of Deputies; (ii) President of the Federal Senate; and (iii) President of the STF.

Powers

Constitutional Powers

Article 84 enumerates the President’s exclusive powers, including: (i) appointing and dismissing ministers; (ii) sanctioning, enacting, and vetoing legislation; (iii) issuing decrees and regulations; (iv) maintaining foreign relations; (v) commanding the armed forces; (vi) declaring war and concluding peace; (vii) granting pardons; (viii) appointing senior officials, including STF justices, with Senate approval; and (ix) issuing provisional measures.

Legislative Powers

The President has significant legislative powers, including the ability to: (i) initiate legislation on certain topics; (ii) veto bills (subject to congressional override); and (iii) issue provisional measures.

Provisional Measures

Article 62

Provisional measures (medidas provisórias) are norms with the force of law issued by the President in cases of urgency and relevance (urgência e relevância). They take effect immediately upon publication but must be converted into law by Congress within 60 days (extendable once for 60 days).

Limits

The Constitution prohibits provisional measures on: (i) matters reserved to complementary law; (ii) criminal and procedural legislation; (iii) certain budget and tax matters; (iv) matters already covered by provisional measures rejected in the same legislative session; and (v) matters requiring constitutional amendment.

Renewal

If Congress does not convert a provisional measure into law within the 120-day period, it loses effectiveness (perde eficácia) retroactively, though Congress may issue a legislative decree regulating the legal relations it created.

STF Review

The STF may review provisional measures for compliance with the constitutional requirements of urgency and relevance. In ADI 1.753 and related cases, the STF established that the judiciary may examine whether the urgency requirement is satisfied.

Ministers of State

Ministers are appointed by the President and serve at their pleasure. Their responsibilities include: (i) implementing presidential policies; (ii) issuing regulations within their competence; (iii) representing their ministries; and (iv) providing information to Congress.

Accountability

Political Accountability

The President must deliver an annual message to Congress on the state of the nation (Article 84, XI). Ministers may be summoned by Congress to provide information.

Criminal Responsibility

The President may be charged with common crimes (crimes comuns) — subject to STF jurisdiction — and crimes of responsibility (crimes de responsabilidade), which are the basis for impeachment by the Senate (Article 85).

Impeachment

The impeachment process involves: (i) authorization by two-thirds of the Chamber of Deputies; (ii) trial by the Federal Senate, presided over by the STF President for common crimes or the Senate President for impeachment; (iii) removal from office by two-thirds of the Senate.

State and Municipal Executives

Governors (Governadores) and Mayors (Prefeitos) head the executive powers at the state and municipal levels, with analogous powers and responsibilities adapted to their respective spheres.

Conclusion

The Brazilian Executive Power is a strong presidency with significant constitutional powers, particularly through provisional measures and legislative initiative. The constitutional framework balances executive authority with congressional oversight, judicial review, and accountability mechanisms, including impeachment. The evolution of presidential powers, especially the extensive use of provisional measures, continues to shape the dynamics of Brazilian governance.