Legal History on ExcellentWiki - Legal Encyclopedia

Colonial Period of Brazilian Legal History

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

The colonial period (1500-1822) laid the foundations of Brazilian law. As a Portuguese colony, Brazil received the legal system of the metropole, including the Portuguese Ordinances, ecclesiastical law, and the administrative structure of the Portuguese Empire. The legal system was characterized by legal pluralism, with Portuguese law, local customs, and indigenous customary law coexisting in a hierarchical framework.

Portuguese Ordinances

Ordenações do Reino

Brazil’s legal system during the colonial period was governed by the Portuguese Ordinances (Ordenações do Reino):

Empire Period of Brazilian Legal History

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

The Empire period (1822-1889) was a formative era for Brazilian law. Independence from Portugal in 1822 led to the creation of the first Brazilian legal institutions, including the 1824 Imperial Constitution, the Criminal Code of 1830, the Commercial Code of 1850, and the establishment of law schools and the judiciary. The Empire established the foundations of the modern Brazilian legal system.

The 1824 Constitution

Granting

The 1824 Constitution was granted (outorgada) by Emperor Pedro I after the dissolution of the Constituent Assembly. It was influenced by the French Constitution of 1791 and the Portuguese Constitution of 1822, with elements of the US presidential system.

Republic Period of Brazilian Legal History

Tue, 07 Jul 2026 00:00:00 +0000

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.

Democratic Transition and the 1988 Constitution

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

The democratic transition (1974-1988) and the enactment of the 1988 Federal Constitution represent the most transformative period in Brazilian legal history. The transition from the military dictatorship (1964-1985) to democracy involved political negotiations, legal reforms, and the convocation of a National Constituent Assembly that produced the “Citizen Constitution.” The period since 1988 has been marked by continuous legal development and constitutional implementation.

The Political Opening

Distensão and Abertura

The democratic transition began under President Ernesto Geisel (1974-1979) with a policy of distensão (decompression), gradually reducing repression. President João Figueiredo (1979-1985) continued the abertura (opening) process, including: (i) the Amnesty Law (Law 6.683/1979), granting amnesty for political crimes; (ii) restoration of habeas corpus; (iii) multi-party system; and (iv) direct elections for state governors.