Constitution of 1946

The 1946 Constitution, the entire process up to the Constitution

After Vargas' deposition, the military leaders handed over the Presidency of the Republic to José Linhares, President of the Federal Supreme Court.

At that historical moment, when the democratic powers had defeated Nazi-fascism, a climate of confidence in democratic freedoms took over the country. The military leaders had the firm intention of guaranteeing the holding of presidential elections throughout the country.

In the elections for President of the Republic, held in December 1945, General Eurico Gaspar Dutra was elected, candidate of the PSD (Social Democratic Party), supported by the PTB (Brazilian Labor Party), parties with a Getulist orientation, formed at the end of the Estado Novo.

It is necessary to remember that Getúlio had an honorable exit from power, as he left the Presidency, without abandoning political life.

In the first year of General Dutra's government, the Constituent Assembly was elected to draft the fourth Constitution of the Republic, which would replace the 1937 Constitution. After long parliamentary debates, which lasted more than seven months of legislative work, it was promulgated in September 18, 1946, the new Brazilian Constitution.

It was a frankly liberal democratic charter. From its main content, we can highlight the following topics:

• Preservation of the republican, federative and presidential regime;
• Secret and universal vote for those over 18 years of age, with the exception of illiterates, corporals and soldiers;
• Right to freedom of class association, thought and expression;
• Right to strike guaranteed to workers;
• Preservation of achievements made in the labor field;
• Establishment of the presidential term of office for five years (reelection prohibited). Deputies would have four-year terms (allowing re-election). Senators would have mandates of eight years, three in number for each State of the Federation.

DUTRA PERIOD (1946 – 1951)

The new president took office in a climate of euphoria for the reestablishment of democratic freedoms. Furthermore, Brazil had accumulated a considerable volume of foreign exchange during the Second World War, which increased the prevailing optimism regarding the prospects of the national economy.

However, the new government adopted economic liberalism as its orientation, rejecting State intervention in the economy.

SECOND GOVERNMENT OF GETÚLIO VARGAS (1951 – 1954)

Getúlio Vargas' new government took place at a time when capitalist countries were reorganizing in the post-war period, but now under the hegemony of the United States. Thus, the entire industrialization process of the Brazilian economy, facilitated by the Second World War, suffers setbacks, as, through aggressive imperialism, the North Americans seek to control third world markets. However, Getúlio's economic policy was markedly nationalist, clashing with external loans that financed continued economic development and were canceled by the North American president. Vargas' most significant decision during the period was the nationalization of oil, with the creation of Petrobrás, in 1953.

Vargas also had to face internal opposition, led by UDN journalist Carlos Lacerda. Furthermore, external pressures were growing rapidly. The struggle reached its peak in mid-1954, when Lacerda suffered an attack and the responsibility for it fell on Getúlio, who, pressured by the events, committed suicide in August 1954.

CAFÉ FILHO PERIOD (1954 – 1955)

Vice-president João Café Filho immediately assumed the presidency. This pause without elections was considered necessary by the Armed Forces, under the direct influence of Carlos Lacerda, due to the heavy atmosphere that hovered over the nation, especially among workers, after Vargas' suicide, when the letter was discovered in which he pointed out its enemies and the elements that hindered Brazil's progress.

Only on October 3, 1955 were the elections held, with Juscelino Kubitschek and João Goulart winning, by a relatively small difference of votes over Juarez Távora, who had the support of Carlos Lacerda. For this reason, the opposition illegally demanded that an indirect election be held in the country, covered by part of the Armed Forces that were trying to impeach the elected president.

Amid the unrest, Café Filho fell ill, and was replaced by Carlos Luz, president of the Chamber of Deputies on November 9th.

Two days later, he was deposed by General Henrique Dufles Teixeira Lott, then Minister of War, who installed Neren Ramos, vice-president of the Federal Senate, in the Government, where to defend the Constitution in force, Lott sustained him until January 31, 1956, when the elected president took office: Juscelino Kubitschek.

JUSCELINO KUBITSCHEK GOVERNMENT (1956 – 1961)

In the 1956 presidential elections he was elected, again by the Getulista forces, supported by the PTB and PSD. His government was marked by far-reaching transformations, especially in the economic area.

Emphasizing industrial economic development, it established, through the “Plan of Goals”, 31 goals, including: energy, transport, food, basic industry, education and construction of the new capital, Brasília.

This developmental policy of the Juscelino Government was based on the use of the State as a coordinating element of development, stimulating the entry of foreign capital, whether in the form of loans or direct investment. This entire process entails significant changes in the country's economic physiognomy.

Industries have developed significantly and the economy has diversified. However, the opening to foreign capital, which became the main lever of industrial development, began to put pressure on the economy, towards inflation and accentuated Brazil's dependence on the economies of industrialized countries, mainly the USA.

To succeed Juscelino, in the presidency of the Republic, the former governor of São Paulo, Jânio da Silva Quadros, was elected and for the Vice-presidency Mr. João Goulart.

GOVERNMENT OF MR. JÂNIO QUADROS (01/31/1961 to 08/25/1961)

Once the electoral campaigns for Juscelino's succession began, Jânio Quadros stood out, who, by promising to balance the country's shaken finances and put an end to the rot in political circles, won the trust of the people in general, who elected him by an overwhelming majority.

His restless character, prone to disconcerting and unexpected attitudes, began to provoke opponents of his policy as soon as he was sworn in as President, causing astonishment to many who had absolute confidence in him, but, even so, maintaining a percentage of people in his favor. your electorate.

When, in mid-August, Jânio Quadros decorated Ernesto Guevara, of Cuba, with the Grand Cross of the National Order of the Southern Cross, protests spread, led by Carlos Lacerda, who, using television, accused Jânio of a dictatorial coup.

On the morning of the 25th, seven months after taking office, alleging pressure from “hidden forces” that denied him the reforms required to better govern, Jânio Quadros resigned from his mandate.

RANIERI MAZZILLI GOVERNMENT (1961)

With the resignation of Jânio Quadros, with vice-president João Goulart absent, the president of the Chamber, Dr. Pascoal Ranieri Mazzilli, took over the government for a short period of 02 months.

In the meantime, pressured by the military, the Chamber approved, on September 2, the “Parliamentary Amendment”, which restricted the president's broad powers.

JOÃO GOULART GOVERNMENT (1961 – 1964)

Returning to Brazil, João Goulart took office, with Tancredo Neves as prime minister, however, the threat of disorder continued to prevail, through the leftist current, including friendly agreements between the Foreign Minister, San Thiago Dantas and Russia, which sought to infiltrate the country, allying itself with trade unionism, for total dominance of political power.

On January 6, 1963, the Plebiscite was held, reestablishing the presidential system and, at the end of that same year, the pressure against Goulart's governmental system intensified. In the newspapers, radio and television, the president's actions were criticized, blaming him for the precipitous decline of the nation's economy, due to galloping inflation and the exaggerated cost of living. On the other hand, supporters of João Goulart demanded radical changes, such as agrarian reform, influencing rural workers to such an extent that, in some states, serious disturbances occurred with the invasion of rural properties.

When, on March 13, 1964, the monster rally was held in the Luz neighborhood, where a crowd of agitated workers gathered to listen to the president and his supporters, including governors, union leaders and military personnel in the leftist movement, there was the first reaction, in São Paulo in the Christian milieu, through the Marcha da Família com Deus pela Liberdade and, later, in the Armed Forces that were already preparing to overthrow Goulart and nullify the action of the left with General Humberto de Alencar Castelo Branco at the head .

The last straw that “overflowed the camel's back” was the Assembly held on March 30th, where through image and sound, members of the Military Police, side by side with the State ministers and the President of the Republic, enhanced the leftist actions and attacked the officers who defended the current democracy.

There was nothing more to hope for: the Revolution of March 31, 1964, broke out.

At night, Congress declared the presidency of the Republic vacant, as President João Goulart was unable to resist the coup, and was forced to leave Brasília on April 1, 1964, heading to Rio Grande do Sul.

In the early hours of the 2nd, the president of the Chamber of Deputies, Ranieri Mazzilli, was sworn in as acting president.

On April 4th, João Goulart began his exile in Uruguay. Appointed as Minister of War, General Artur da Costa e Silva, on the 9th of this same month, flanked by other military ministers, representing the Supreme Command of the Revolution, made Institutional Act No. 1 public.

This act gave the Executive the prerogative to revoke mandates and political rights.

On April 10, the political rights of one hundred Brazilians were revoked, including former presidents Goulart and Jânio Quadros. On the 11th, an already purged Congress elected the new president: General Humberto de Alencar Castelo Branco.

GOVERNMENT OF MARSHAL CASTELO BRANCO (1964 – 1967)

During the Castelo Branco government, which began on April 15, 1964, the direction of economic policy was outlined by the Government's Economic Action Plan (PAEG), administered by the Minister of Planning, Roberto Campos. Anti-inflationary measures and strengthening private capitalism were proposed. This policy soon generated discontent throughout the country.

Disagreements regarding economic and financial policy permanently undermined the Government's support bases. Lacerda publicly denounced Roberto Campos' actions; Magalhães Pinto complained about the concessions for mineral exploration, offered to foreign companies. On the other hand, the influence of the so-called “hard line” military, in favor of maintaining an authoritarian military regime, grew.

Among other aspects, this radical group was opposed to the possibility of Lacerda winning the presidential elections scheduled for October 3, 1965.

Pressures on Congress and the president multiplied; After all, against Castelo Branco's wishes, his mandate was extended until July 17, 1966.

Thus, the October elections were only for Congress and the government of some states.

No longer able to dodge pressure, on October 27th Castelo Branco decreed Institutional Act nº 2. Through this instrument, political parties were extinguished, indirect elections were established for the Presidency of the Republic, military courts were created to judge civilians accused of subversion and the Executive was given indiscriminate powers to revoke rights and establish a state of siege.

In February 1966, a new Institutional Act, nº 3, was enacted, establishing indirect elections for Governor. During that year, a Constitution was drafted that practically legitimized all the provisions of institutional acts.

In this context, the dispute over presidential succession was taking place. The Arena and the MDB, created by AI-2; they had no representation. The political game was played out between the “castelists” and the “hard line”.

As an element of conciliation, the name of Marshal Costa e Silva emerged. At first, Castelo Branco was against this candidacy, but ended up giving in. On October 3, 1967, Marshal Artur da Costa e Silva, the only candidate, was elected President by Congress.

Costa e Silva took office with a new Constitution, the fifth of the republican period.

CONSTITUTION OF 1967

The National Congress met extraordinarily, from January 12th to 24th, 1967, in order to discuss, vote on and promulgate the draft Constitution, presented by the President of the Republic. The drafting of the new Charter was the responsibility of the Minister of Justice, Carlos Medeiros Silva.

On January 24, 1967, in compliance with the provisions of Article 8, Institutional Act No. 4, the National Congress promulgated, after approval of the project, what would be the fifth Republican Constitution.

It then contained 189 articles, including the General and Transitional Provisions, and would only come into force on March 15, 1967, the date of the transfer of power to the new President of the Republic, Marshal Artur da Costa e Silva.

From March 1967 onwards, several Institutional and Complementary Acts would alter constitutional provisions, and these changes would become so accentuated that the government decided to promote Constitutional Amendment nº 1, of October 17, 1969, drafting a substantial reform of the Constitution.

Amendment nº 1 maintained the scheme of the 1967 Constitution, but in practice, the subject of the chapters: “Individual rights and guarantees and the economic and social Order”, suffered different restrictions due to article 182, which maintained the institutional act in force nº 5, of December 13, 1968, and the other acts subsequently downloaded.

PRESIDENCY OF MARECHAL COSTA E SILVA (1967/1969)

On March 15, 1967, Marshal Artur da Costa e Silva, one of the leaders of the 1964 Revolution, took office as President of the Republic. At the beginning of 1969, the President instructed Vice-President Pedro Aleixo to coordinate the reform work from the text of January 24, 1967.

Due to illness, there was a meeting where it was decided that three military ministers would take over the government for an indefinite period of time.

Presented as an imperative of National Security, Institutional Act nº 12 was promulgated on August 31, 1969.

Once the real impediment was determined for health reasons, AI nº 16 was promulgated.

Until the election and inauguration of the President and Vice took place; scheduled for the dates of October 25th to 30th, 1969, the leadership of the Power would continue to be exercised by the ministers.

Submitting the already reworked text of the Constitution with the modifications they deemed appropriate, Constitutional Amendment nº 1, of October 17, 1969, was promulgated, which profoundly changed the wording of the Constitution of January 24, 1967.

REFORM OF THE 1967 CONSTITUTION

On the same day as President Garrastazu Médici took office, Amendment No. 1 to the 1967 Constitution came into force, promulgated on October 17, 1969, by the Military Ministers responsible for the Government.

According to its terms, 58 articles were added or replaced others from the previous text. Some of a fundamental nature, such as the one that established a 5-year term for the President of the Republic.

The Amendment facilitated the creation of political parties; increased the possibility of interventions in States and Municipalities; determined that, instead of vetoing the decisions of the National Congress, the President of the Republic may request their immediate review.

Much of the reform affected points relating to the functioning and responsibilities of bodies of the Legislative Branch.