1988 Constitution: Summary and Characteristics

THE "Constitution of the Federative Republic of Brazil", "Citizen Constitution" or simply "1988 Constitution" was enacted on October 5, 1988.

It was the seventh constitution of Brazil since its independence in 1822 and the sixth of the republican period.

Summary

Deputy Ulysses Guimarães raises a copy of the Constitution on the day of enactment

The document was prepared by the National Constituent Assembly, democratically elected on November 15, 1986, and chaired by Ulysses Guimarães. At the time, the President of the Republic was José Sarney.

The work of the Constituent Assembly was carried out from February 1987 to September 1988 and marked the country's redemocratization process after the military regime.

Main features

1. Labor rights

The new constitution consolidated several achievements for workers, such as:

The indemnity allowance of 40% of the FGTS upon dismissal and unemployment insurance;
Vacation allowance and 13th salary for retirees;
Weekly journey of 44 hours, when before it was 48 hours;
120 days maternity leave and 5 days paternity leave;
Right to strike and freedom of association.

instagram story viewer

2. Human rights

In addition, several other achievements have been achieved in the field of human rights:

End of media censorship;
Freedom of expression;
Children's and Adolescents' Rights;
Direct and universal elections with two rounds;
Right to vote for the illiterate;
Optional vote for young people between 16 and 18 years old;
The practice of racism became an unbailable crime;
Prohibition of torture;
gender equality;
Promotion of female work.

3. Indigenous population

The 1988 Magna Carta determined that the Indians would have possession of the lands they occupied as well as those they traditionally occupied.

It also guarantees the Union the right to legislate on the Indians and guarantee the preservation of their customs, languages and traditions.

4. Quilombolas

Likewise, the 1988 Constitution recognized the right of possession to lands occupied by remnants of Quilombos.

Structure of the Federal Constitution

The 1988 Constitution is structured into nine titles, namely:

Title I - Fundamental Principles
Title II - Fundamental Rights and Guarantees
Title III - State Organization
Title IV - Organization of Powers
Title V - Defense of the State and Institutions
Title VI - Taxation and Budget
Title VII - Economic and Financial Order
Title VIII - Social Order
Title IX - General Provisions

The Constitution governs the country's legal system, establishing rules that regulate and pacify conflicts of interest of groups that make up a society.

Changes to the text of the constitution are provided for by law and can be made through constitutional amendment.

With the exception of the stone clauses (the one that cannot be changed), among them are: