37-646: Jaboatão dos Guararapes ( Portuguese pronunciation: [ʒabwaˈtɐ̃w duz ɡwaɾaˈɾapis] ) is a city in the state of Pernambuco , Brazil. It is a part of the Recife metro area . The population was 706,867 according to the Brazilian Institute of Geography and Statistics (IBGE) in 2020, making it the second most-populous city in the state of Pernambuco and the 27th in Brazil, ahead of major Brazilian state capitals such as Cuiabá and Aracaju . The city
74-429: A lawyer". Roberto Campos , economist, ex-senator and Minister of Planning of Brazil in the early years of the military dictatorship noted that "The OAB has achieved the feat of being mentioned three times in what he defines as the "besteirol Constitution" of 1988. According to him, "it's perhaps the only case in the world where a club of professionals has enshrined the constitutional text." The Constitution of Brazil
111-546: A reserved percentage of jobs in public service and large companies, and Afro-Brazilians to seek reparation for racism in court. Breaking with the authoritarian logic of the previous Constitution, it made unbailable crimes those of torture and of actions directed against the democratic state and the constitutional order , thus creating constitutional devices to block coups d'état of any kind. The Constitution also established many forms of direct popular participation besides regular voting, such as plebiscite, referendum and
148-564: A slow judicial system. Brazil has the 30th slowest judiciary among 133 countries, according to the World Bank . This has caused the judiciary to use provisional arrests as an advance of the sentence. In 2015 more than 40% of prisoners in Brazil were provisional. A World Bank study criticized the 1988 Federal Constitution for extending the privileges of civil servants, aggravating income inequality in Brazil. Remuneration and retirement are disproportionately high according to studies. In 2015,
185-508: Is a very important industrial center, hosting companies like Unilever and Coca-Cola . It is bordered by Recife in the north, Cabo de Santo Agostinho on the south, and Mangue forests to the west in Moreno . The city is located at around 8°6′46″S 35°0′54″W / 8.11278°S 35.01500°W / -8.11278; -35.01500 , just south of Recife. It has three urban beaches (Piedade, Candeias and Barra de Jangada). Some of
222-547: Is composed of nine titles, subsequently divided into chapters and then articles. The articles are in turn divided into short clauses called incisos (indicated by Roman numerals ) and parágrafos (indicated by numbers followed by §). The Constitution refers to the country as "the Union". The preamble to the Federal Constitution is a brief introductory statement that sets out the guiding purpose and principles of
259-526: Is criticized by some. Some criticize an alleged excessive power granted to the Order of Attorneys of Brazil by the Constitution. Brazilian philosopher and journalist Hélio Schwartsman considers that the 1988 Constitution conferred "disproportionate powers" on lawyers such as "appointing judges, writing laws, proposing direct actions of unconstitutionality, defining who can and who cannot become
296-479: Is divided into only 62 municipalities), and therefore they cover large areas incorporating several separated cities or towns that do not necessarily conform to one single conurbation. Southern and eastern states on the other hand, are divided into many small municipalities (e.g. Minas Gerais ), and therefore large urban areas usually extend over several municipalities which form one single conurbation. The Federal District cannot be divided into municipalities , which
333-490: Is why its territory is composed of several administrative regions . These regions are directly managed by the government of the Federal District, which exercises constitutional and legal powers that are equivalent to those of the states , as well as those of the municipalities, thus simultaneously assuming all the obligations arising from them. The 1988 Brazilian Constitution treats the municipalities as parts of
370-495: The Brazilian states . Brazil currently has 5,570 municipalities, which, given the 2019 population estimate of 210,147,125, makes an average municipality population of 37,728 inhabitants. The average state in Brazil has 214 municipalities. Roraima is the least subdivided state, with 15 municipalities, while Minas Gerais is the most, with 853. Northern states are divided into small numbers of large municipalities (e.g. Amazonas
407-777: The Executive , the Legislative and the Judiciary , and lists the nation's main goals. One of the most important excerpts from this title is in Article 1, single paragraph, stating: All power emanates from the People, who exercise it through elected representatives or directly, under this Constitution. Title 2 states the Fundamental Safeguards. It ensures basic rights to all citizens and foreigners residing in
SECTION 10
#1732775514250444-464: The New Republic (Nova República). Made in the light of the Brazilian transition to democracy , it resignified the role of the state in the citizens' lives, providing a vast system of human and individual rights protection, social welfare, and democratic tools. The 1988 Brazilian Constitution is the seventh enacted since the country's independence in 1822, and the sixth since the proclamation of
481-479: The citizens' initiative . Examples of these democratic mechanisms were the 1993 plebiscite concerning the form of government, where the presidential system was confirmed, and the 2005 firearms and ammunition referendum . The mention of God in the preamble of the Constitution (and later on the Brazilian currency) was opposed by most leftists as incompatible with freedom of religion because it does not recognize
518-513: The countryside ). Municipalities can be split or merged to form new municipalities within the borders of the state, if the population of the involved municipalities expresses a desire to do so in a plebiscite . However, these must abide by the Brazilian Constitution , and forming exclaves or seceding from the state or union is expressly forbidden. Constitution of Brazil Recent elections The Constitution of
555-414: The Brazilian state, in 2017, to have stakes in more than 650 companies, involved in one-third of the national GDP. This model also created restrictions for the performance of foreign companies in several fields with harmful consequences for the country's growth. In the view of some scholars, this economic model favors patrimonialism and corruption . The Constitution is also responsible for creating
592-486: The Country, prohibits capital punishment , defines citizenship requirements , political rights , among other regulations. Title 3 regulates the state organization. It establishes Brasília as the nation's capital, describes the rights and duties of the states, the municipalities, as well rules for the public staff. Title 4 is about the branches of government. It describes the attributes for every government branch, and
629-460: The Federation and not simply dependent subdivisions of the states. Each municipality has an autonomous local government, comprising a mayor ( prefeito ) and a legislative body called municipal chamber ( câmara municipal ). Both the local government and the legislative body are directly elected by the population every four years. These elections take place at the same time all over the country;
666-479: The Federative Republic of Brazil ( Portuguese : Constituição da República Federativa do Brasil ) is the supreme law of Brazil . It is the foundation and source of the legal authority underlying the existence of Brazil and the federal government of Brazil . It replaced the autocratic 1967 constitution capping 21 years of military dictatorship and establishing Brazil's 6th republic, also known as
703-499: The Privileged Forum expired. Also criticized is the requirement of unappealable transit for the execution of the sentence. For Judge Sergio Moro , waiting for the final judgment will contribute to impunity. According to Minister Teori Zavascki after confirming a second sentence, one could no longer speak of the principle of non-culpability, since "the exceptional remedies, for the superimposition courts, do not boast
740-456: The ability to review facts and evidence". In the electoral aspect, the Constitution adopted the mandatory vote. Among the 15 largest economies in the world, Brazil is the only country in which voting is mandatory. A 2014 survey showed that the mandatory vote is rejected by 61% of Brazilians. Some question whether it is democratic to compel people to vote. The Constitution adopted the social democratic model of State organization, as defined by
777-630: The city than were on the census. Notwithstanding, IBGE did not redo the survey. Its population makes it the 2nd most populous city in the state of Pernambuco, 9th in the Northeast region and the 26th in the whole country . The main economic activities in Jaboatao dos Guararapes are based in tourism, commerce, beverage industry and transportation industry. Cities of Brazil Recent elections The municipalities of Brazil ( Portuguese : municípios do Brasil ) are administrative divisions of
SECTION 20
#1732775514250814-624: The columnist for the newspaper O Estado de S. Paulo Luiz Sérgio Henriques . For professor and lawyer Marco Aurélio Marrafon , president of the Brazilian Academy of Constitutional Law, the 1988 Brazilian Magna Carta organized the State according to the Welfare State model, in which it is intended to reconcile "the liberal component of preservation of individual rights and limitation of state power, with direct economic intervention and
851-566: The document. The text reads: We, the representatives of the Brazilian People, assembled in the National Constituent Assembly to institute a Democratic State for the purpose of ensuring the exercise of social and individual rights, liberty, security, well being, development, equality and justice as supreme values of a fraternal, pluralist and unprejudiced society, based on social harmony and committed, in
888-617: The errand of injunction and the habeas data . It also anticipated the existence of a Consumers' Defence Code (enacted in 1990), of a Children's and Youth Code (1990) and of a new Civil Code (2002). It was the first constitution to demand severe punishment for breaches of civil liberties and rights. Consequently, Brazil later approved a law making the propagation of prejudice against any minority or ethnic group an unbailable crime. This law provided legal remedy against those who spread hate speech or those who do not treat all citizens equally. This second aspect helped disabled people to have
925-502: The federal government's deficit associated with the retirement of the approximately 1 million government employees was greater than the total registered with 33 million private pensioners. For the World Bank, civil servants are among the richest fifth of the Brazilian population. For Roberto Brant , the Federal Constitution was captured by groups of civil servants in 1988. Philosopher Fernando Schüler maintains that Brazil went against
962-414: The grain in the 1980s: "While the world tried to adjust the State to globalization and modernize public management, Brazil bet on a super bureaucratic state in the 1988 Constitution. We offer rigid stability in the employment for civil servants, we mix careers of State with common careers of the public service, we create the law of biddings, we cast the budgets and we eliminate any space for the meritocracy in
999-547: The internal and international spheres, to the peaceful solution of disputes, promulgate, under the protection of God, this Constitution of the Federative Republic of Brazil. Title 1 is devoted to the fundamental principles of the Union. It describes the States , the municipalities and the Federal District as the indissoluble constituents of the Union. It also establishes three independent, harmonic government branches:
1036-504: The last municipal elections were held on 15 November 2020. Each municipality has the constitutional power to approve its own laws, as well as collecting taxes and receiving funds from the state and federal governments. However, municipal governments have no judicial power per se , and courts are only organised at the state or federal level. A subdivision of the state judiciary, or comarca , can either correspond to an individual municipality or encompass several municipalities. The seat of
1073-427: The main neighborhoods are Candeias, Cavaleiro, Piedade, Jardim Piedade and Barra de Jangada. The unclassified extinct Arapoá language was spoken around Jaboatão. The city of Jaboatão dos Guararapes was founded on 4 May 1593 by Bento Luiz Figueira, the third owner of Engenho São João Baptista. The Second Battle of Guararapes occurred in the city and was one of the most important battles in Brazil's history, in which
1110-649: The municipal administration is a nominated city ( cidade ), with no specification in the law about the minimum population, area or facilities. The city always has the same name as the municipality, as they are not treated as distinct entities. Municipalities can be subdivided, only for administrative purposes, into districts (normally, new municipalities are formed from these districts). Other populated sites are villages, but with no legal effect or regulation. Almost all municipalities are subdivided into neighbourhoods ( bairros ), although most municipalities do not officially define their neighbourhood limits (usually small cities in
1147-548: The people from Pernambuco defeated and expelled the Dutch from the State. This battle was an important event that led to the creation of the Brazilian Army . In 1873 it ascended to village status, and in 1884 after being split up with Olinda it ascended to city status. In 2009, the city population estimated by IGBE was 687,688, however, local politicians criticized the research claiming that there were more people living in
Jaboatão dos Guararapes - Misplaced Pages Continue
1184-423: The promotion of public policies, in order to redistribute resources and reduce social inequalities." In order to finance the Welfare State, it was necessary to raise the tax burden, which went from 23.4% of GDP in 1988, to 33.6% of GDP in 2005, and to link budget revenues. Thus, the Union reached 93% of mandatory spending in 2017, decreasing the room for maneuver by the government and affecting investments. This option
1221-560: The public area." For jurist Modesto Carvalhosa , only a new "principiological" constitution would end the privileges of the 1988 Constitution. The Federal Constitution of 1988 is also criticized for having adopted one of the broadest Special Forums in the world, which jurists argue encourage corruption. A quarter of the actions with a Privileged Forum take more than ten years to be judged. The Supreme Federal Court takes 1,300 days to judge criminal actions by persons with privileged jurisdiction. Between 2001 and 2017, 200 actions involving
1258-422: The republic in 1889. It was promulgated on 5 October 1988, after a two-year process in which it was written from scratch. The current Constitution of Brazil was drafted as a reaction to the period of military dictatorship , and sought to guarantee individual rights and restrict the state's ability to limit freedom, to punish offences and to regulate individual life. Among the new constitutional guarantees are
1295-400: The rights of polytheists such as some indigenous peoples or of atheists . The Supreme Federal Court has ruled that this commission of the protection of God was not unconstitutional since the preamble of the constitution is simply an indication of principles that serves as an introduction to the constitutional text and reflects the ideological conceptions of the legislator, falling within
1332-406: The rules for amendments to the Constitution as well. Title 5 regulates the defense of the State and its democratic institutions. It rules the deployment of the armed forces , the national security baselines, and declaration of state of emergency . Title 6 comprises taxation and the nation's budget. It disposes on budget distribution among the Union's components and their competencies, and
1369-519: The scope of political ideology and not of the Law. The Federal Constitution of 1988 is criticized in the doctrine for being very extensive, long-winded, and analytical. This characteristic forced the Constitution to be amended several times, in politically costly processes, to adapt to changes in society Another criticism is that the 1988 Federal Constitution reproduces a model of state capitalism , expanding state monopolies and regulations, which allowed
#249750