A primeira constituição da História do Brasil

Summary

The video script delves into the historical significance of Brazil's first Constitution, enacted by Emperor Pedro I in 1824. It discusses the concept of a constitution, its origins, and the turbulent process leading to the 1824 Constitution, known as the 'Mandioca Constitution.' The video highlights the political factions of the time, the challenges faced during its creation, and its lasting impact on Brazilian governance, including the establishment of a unitary state, hereditary monarchy, and the controversial 'poder moderador.'

Takeaways

• 📜 The first Constitution of Brazil was granted on March 25, 1824, by Emperor Pedro I after the closure of the Constituent Assembly and a turbulent process.
• 🏛 A constitution is a set of fundamental principles or precedents that form the legal basis of a government and determine how a state should be governed.
• 📚 Modern written constitutions also serve to limit and regulate the actions and powers of the state and its agents.
• 🌏 The origins of constitutions can be traced back to ancient codified laws, such as the Code of Ur-Nammu and the Code of Hammurabi, although they were not constitutions in the modern sense.
• 📖 The contemporary understanding of a constitution, including the distinction between constitutional laws and ordinary laws, began in ancient Greece, especially with Aristotle.
• 🇪🇺 In Latin tradition, the idea of constitutionalism was established in European thought, with the Romans having the Law of the Twelve Tables and Cicero being a notable discussant of the term 'constitution'.
• 🏛️ The first Brazilian Constitution was inspired by mainly European texts and political processes from the Middle Ages to the Enlightenment.
• 👥 The Constituent Assembly that drafted the Brazilian Constitution was composed of representatives from Brazilian provinces, including both Brazilians and Portuguese residents.
• 🗳️ The Constitution of 1824, also known as the 'Mandioca Constitution,' established a unitary state with hereditary monarchy, maintained slavery, and was characterized by censitary and indirect elections.
• 🛡️ Pedro I created a unique power called the 'moderator power,' exercised by the Emperor himself and above other powers, which is not equivalent in democratic constitutions.
• 🕰️ The 1824 Constitution remained in force for 65 years until it was replaced by the 1891 Constitution, which was promulgated by a Constituent Assembly formed by 205 elected deputies.

Q & A

What was the significance of March 25, 1824, in Brazilian history?

On March 25, 1824, the first Constitution in the history of Brazil was granted by Emperor Pedro I after the closure of the Constituent Assembly and a turbulent process.

What is a constitution and what is its purpose?

A constitution is a set of fundamental principles or precedents that form the legal basis of a government and determine how a state should be governed. It usually limits and regulates the actions and powers of the state and its agents.

How does a codified constitution differ from an uncodified one?

A codified constitution is written and inscribed in a single document, whereas an uncodified constitution, like that of the United Kingdom, has its principles distributed across various legal and legislative texts.

What historical origins do modern constitutions have?

The historical origins of constitutions are traced back to codified laws in antiquity, especially in the region known as Mesopotamia, such as the Code of Ur-Nammu and the more famous Code of Hammurabi.

How did the understanding of contemporary constitutions, including the difference between constitutional laws and ordinary laws, begin?

The contemporary understanding of constitutions, including the distinction between constitutional and ordinary laws, began in the classical antiquity of Greece, especially with Aristotle.

What was the role of Cicero in the development of constitutionalism?

Cicero was a notable philosopher in the Latin tradition who discussed and used the term 'constitution' as we know it today, contributing to the consolidation of the idea of constitutionalism in the European thought.

Why was the focus of constitutional development in Europe important for the first Brazilian Constitution?

The focus on Europe is important because the first Brazilian Constitution was inspired by European texts and political processes, especially during the period conventionally called the Middle Ages to the Enlightenment.

What was the context of the first Constitution of Portugal in 1822 and its relation to Brazilian Independence?

The first Constitution of Portugal was created in the context of the Enlightenment ideas of constitutional governments that were stable, adaptable, and representative. This process is linked to Brazilian Independence, also proclaimed in 1822.

How did the Brazilian Constituent Assembly begin and what was its composition?

The Brazilian Constituent Assembly began with a decree signed by Prince Regent Pedro de Alcântara in June 1822, convoking a General Constituent Legislative Assembly composed of Deputies from Brazilian provinces, with participation from both Brazilians and Portuguese residing in the territory.

What were the three main groups within the Constituent Assembly and their respective positions?

The three main groups were the Bonifácios, who advocated for a centralized constitutional monarchy, the end of slavery, and agrarian reform; the absolutists, who were mostly Portuguese and wanted more power for the monarchy and aristocracy with a weak constitution; and the liberals, who supported a weak monarchy, a decentralized federal state, maintaining slavery, and the current agrarian regime.

What was the 'Constituição da Mandioca' and why was it named so?

The 'Constituição da Mandioca' was the constitution drafted by the Constituent Assembly, named so because it established a censitary voting system that required voters to be men, free, and have a certain income in alqueires of cassava flour, reflecting the rural elite's predominance.

How did Emperor Pedro I intervene in the Constituent Assembly and what were the consequences?

Emperor Pedro I intervened by surrounding the Constituent Assembly with troops and eventually dissolving it by decree on November 12, 1823. Six deputies were expelled and exiled, including José Bonifácio.

What were the main features of the 1824 Brazilian Constitution?

The 1824 Constitution maintained slavery, established a hereditary monarchy with Catholicism as the state religion, had censitary and indirect elections, and created a unique power called the 'poder moderador' exercised by the Emperor himself, above the other powers.

Why is the 1824 Constitution considered 'outorgada' or imposed by the government?

The 1824 Constitution is considered 'outorgada' because it was imposed by Emperor Pedro I himself, without a popular constituent process, after the dissolution of the Constituent Assembly.

How long did the 1824 Constitution last and what replaced it?

The 1824 Constitution remained in force for 65 years until it was replaced by the 1891 Constitution, which was promulgated by a Constituent Assembly formed by 205 elected deputies.