THE Constitution of 1824, granted on March 25, 1824, was the first Constitution of Brazil and was designed to meet the interests of the emperor d. Peter I in not having its powers limited by the Legislature. This Constitution was drawn up by a small council after the Charter proposed by the Constituent Assembly had been rejected by the Emperor.
Accessalso: What is a monarchy? Know the types of existing monarchy
Context
The elaboration of the Constitution of 1824 was inserted in the context of independenceand consolidation of Brazil as a nation. Brazil had declared its independence on September 7, 1822 as a result of the disagreements between the Portuguese Courts and the Brazilian economic and political elites.
The Cortes wanted to "recolonize" Brazil, while the elites here sought to maintain the level of autonomy achieved during the PJohannine Period. This difference in interests and the increasingly intransigent posture of the Courts allowed the establishment of a favorable climate in the country for its independence.
While the idea of independence gained adherents among the elites, proposals that defended the need for a Constituent Assembly in the country. Through it, the country could have a Constitution, political representation, and could formulate ways to be managed.
The pressure on d. Pedro for him to convene a Constituent Assembly was too big, and he responded to the interest in it because he knew there would be no climate for him to govern the country alone. The summons for the composition of the Constituent Assembly took place on the day June 3, 1822, when Brazil was not yet independent.
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Constituent Assembly of 1823
After independence was declared, Brazil's first election as an autonomous nation was held. This election defined the composition of the constituent Assembly, the institution that would hold the debate on the first Constitution of Brazil. This election took place by indirect vote.
It worked like this:
- The voter elected the delegates;
- Composers elected parish voters;
- Parish voters elected county voters;
- The district voters elected the deputies of the Constituent Assembly.
This system chose 100 deputies from all Brazilian provinces. Journalist Chico Castro defined the groups that took part in this institution: bachelors, priests, magistrates, large landowners, civil servants, soldiers and doctors|1|. In short, we can say that only people linked to Brazil's economic and intellectual elite ensured presence.
The first session of this Assembly took place on April 17, 1823, but only 52 deputies were present. This happened because some provinces in Brazil, such as Cisplatina, had not sent their representatives to the Rio de Janeiro. At that first moment, the relationship of the constituents with the emperor was very good.
O The work of the Constituent Assembly began on May 3, 1823. The first session dealt directly with the issue of the new Brazilian Constitution. The work extended throughout the year 1823, and, within the Assembly, there were three perceptible political positions:
- liberals: defended some civil liberties and the establishment of a constitutional monarchy;
- liberalsexalted: defended deep political and social changes, and many were republicans;
- Portuguese: advocated the establishment of an absolutist monarchy.
Liberals and exalted liberals became known as brokenBrazilian, while the Portuguese formed the brokenPortuguese. These groups often clashed throughout the work of the Constituent Assembly, and, over time, d. Pedro I was putting himself more and more on the side of the Portuguese, which increased the emperor's attrition with the members of the Brazilian party.
Despite these issues, work continued, and in 1823, the project for the first Constitution of Brazil came out. She became known as ConstitutiongivesCassava because it established that only Brazilians with an annual income similar to 150 bushels of cassava could vote. This proposal definitely soured the emperor's relations with the Brazilian party.
The Constitution of 1823 establishedlimitations on the emperor's power, placing it subject to the decisions taken by the Legislative. Furthermore, this Charter did not allow the Portuguese to occupy positions in Brazilian politics. Rumors that the emperor would intervene in the situation began to spread through Rio de Janeiro.
On November 12, 1823, d. Pedro I mobilized Army troops, surrounded the Assembly and announced his dissolution. This happened mainly because the emperor did not accept having his powers limited by the Legislative. The Constituent Assembly was closed, and some deputies were forced to leave the country. This event was called night of agony.
Accessalso: War of Cisplatin – Brazil's first conflict as an independent country
Constitution of 1824
After dissolving the Constituent Assembly, d. Pedro I formed a council with people close to him, and a new constitution was drawn up. This Constitution was granted on March 25, 1824, officially being the first Constitution of Brazil as an independent nation. This Letter fulfilled the will of d. Peter I to maintain unrestricted powers. The word given means that the Charter in question was imposed by the will of d. Peter I.
The emperor's main wish was fully fulfilled, with the establishment of four powers: Executive, Legislative, Judiciary and Moderator. O Moderating Power he was represented by the emperor himself and was above all other powers. The emperor had diverse attributions and wide powers in the country.
Historians Lilia Schwarcz and Heloísa Starling point out that, through the Constitution of 1824, the emperor was the coercive force holder and could “freely appoint and dismiss ministers of state, life members of the Council of State, presidents of province, ecclesiastical authorities, the Senate for life, magistrates of the Judiciary, […] ministers of power Executive"|2|.
Among other provisions of the Constitution of 1824, the following stand out:
- Brazil established itself as a constitutional, hereditary and representative monarchy;
- The country was divided into provinces, and the president of each province was appointed by the emperor;
- Elections would be indirect, and the right to vote was censused, establishing that voters should have a minimum annual income of 100 milreis;
- The Catholic Church was submitted to the authority of the emperor (patronage);
- Deputies (temporary office) were elected by indirect election, and the emperor would nominate one of the three most voted senators (for life);
- THE slavery was kept.
The Constitution of 1824 was in force until the end of the monarchy, in 1889.
Grades
|1| CASTRO, Chico. The Night of Bottles. Brasília: Federal Senate, 2013. P. 47.
|2| SCHWARCZ, Lilia Moritz and STARLING, Heloísa Murgel. Brazil: A biography. São Paulo: Companhia das Letras, 2015. P. 235.
By Daniel Neves
History teacher
Source: Brazil School - https://brasilescola.uol.com.br/historiab/primeira-constituicao.htm
