Constituição Federal de 1988

The Federal Constitution of 1988 (Constituição Federal) is the supreme law of the Federative Republic of Brazil, enacted on 5 October 1988 following the end of the military dictatorship. Known as the ‘Citizen Constitution,’ it established Brazil as a federal democratic republic founded on social values and the principle of human dignity. The Constitution contains 250 articles organized into nine acts, covering the fundamental rights and guarantees, the organization of the powers (Executive, Legislative, and Judiciary), and the division of competencies between the Union, states, the Federal District, and municipalities. It has been amended over 100 times since its promulgation, reflecting Brazil’s evolving political and social landscape.

Legal area: Constitutional law establishes the framework of government, the division of powers, and the protection of fundamental rights and freedoms.

Year enacted: 1988

Full text: https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm

Key Provisions

• Art. 1: Brazil as a democratic republic founded on sovereignty, citizenship, human dignity, social values, and political pluralism
• Art. 5: Fundamental rights and guarantees (equality, freedom, inviolability of the person, due process)
• Art. 37: Public administration principles (legality, impersonality, morality, publicity, and efficiency)
• Art. 37-169: Organization of powers (Executive, Legislative, Judiciary at federal, state, and municipal levels)
• Art. 201: Social security system (previdência social) framework
• Art. 205-214: Education rights and duties (universal access, quality, pluralism)
• Art. 225: Environmental protection and ecologically balanced environment
• Art. 242-245: Indigenous rights, land demarcation, and cultural protection

Significance

The 1988 Constitution is the cornerstone of Brazilian law, establishing the framework for the world’s fifth-largest democracy. Its extensive catalog of fundamental rights has been interpreted by the Supreme Federal Tribunal (STF) in landmark cases. The Constitution’s decentralized model, granting autonomy to 5,570 municipalities, is unique globally. The Constitutional Amendment process has been used extensively, with major reforms including the Fiscal Responsibility Law, administrative reforms, and the establishment of the courts of justice.