Republic Period of Brazilian Legal History

Introduction

The Republic period (1889-present) encompasses Brazil’s transformation from a monarchy to a republic, the development of modern legal codes, and the constitutional evolution through six republican constitutions. The period includes the First Republic (1889-1930), the Vargas Era (1930-1945), the Democratic Republic (1946-1964), and the Military Dictatorship (1964-1985). Each sub-period produced distinctive legal developments.

The 1891 Constitution

Features

The first republican Constitution (promulgated February 24, 1891) established: (i) the Federative Republic (United States of Brazil); (ii) a presidential system with direct elections; (iii) separation of church and state; (iv) three independent powers (no Moderating Power); (v) federalism with states’ autonomy; and (vi) individual rights modeled on the US Bill of Rights.

Judicial Review

The 1891 Constitution introduced diffuse judicial review (controle difuso) modeled on Marbury v. Madison, allowing any court to declare legislation unconstitutional. The Supreme Federal Court (STF) was established as the highest court.

The 1916 Civil Code

Codification

The Civil Code of 1916 (Law 3.071/1916), drafted by Clóvis Beviláqua, replaced the Portuguese Ordinances and unified private law. It was influenced by the German Civil Code (BGB), the French Civil Code, and Portuguese law. The Code was individualistic and patriarchal, reflecting the values of the liberal republic.

Features

The 1916 Code regulated: (i) persons (pessoas); (ii) property (coisas); (iii) obligations (obrigações); (iv) family (família); and (v) succession (sucessões). It maintained separate property regimes for spouses and discriminated between legitimate and illegitimate children.

The Vargas Era (1930-1945)

The 1934 Constitution

The 1934 Constitution introduced: (i) social rights, including labor protections; (ii) the Public Prosecutor’s Office as an independent institution; (iii) electric power reform; (iv) national security limits on property; and (v) the Electoral Justice system.

The 1937 Constitution

The 1937 Constitution (Polaca), inspired by the Polish authoritarian constitution, established the Estado Novo (New State): (i) executive predominance; (ii) abolition of political parties; (iii) censorship; (iv) restrictions on individual rights; and (v) presidential appointment of state governors.

Consolidation of Labor Laws (CLT)

The Consolidation of Labor Laws (Consolidação das Leis do Trabalho, CLT, Decree-Law 5.452/1943) unified existing labor legislation, establishing: (i) the minimum wage; (ii) the 8-hour workday; (iii) paid vacation; (iv) job stability; (v) union organization; and (vi) the Labor Courts (Justiça do Trabalho).

The 1946 Constitution

After Vargas’s overthrow, the 1946 Constitution restored democratic institutions: (i) fundamental rights; (ii) separation of powers; (iii) federalism; (iv) direct elections; and (v) economic and social order provisions.

The 1967 Constitution and Military Dictatorship

The 1967 Constitution

The 1967 Constitution, enacted by the military regime, consolidated the dictatorship’s legal framework. It concentrated power in the executive, limited individual rights, and established mechanisms for institutional acts.

Institutional Acts

The military regime governed through Institutional Acts (Atos Institucionais), particularly AI-5 (1968), which: (i) dissolved Congress; (ii) suspended individual rights; (iii) authorized purges of political opponents; (iv) established censorship; and (v) allowed the President to rule by decree.

The 1969 Amendment

The 1969 Constitutional Amendment (essentially a new constitution) maintained authoritarian features while attempting to institutionalize the regime.

Major Legal Developments

Environmental Law

Law 6.938/1981 (the National Environmental Policy) established the framework for environmental protection, including environmental licensing and the Environmental Impact Assessment.

Consumer Protection

The groundwork for the Consumer Protection Code was laid during the republic period, though the CDC was enacted in 1990.

Conclusion

The Republic period saw Brazil’s legal system evolve from a liberal-oligarchic model through authoritarian periods to a modern democratic framework. The 1916 Civil Code set the foundation for private law until 2002, while the CLT established lasting labor protections. The military dictatorship’s violations of rights created the context for the transformative 1988 Constitution.