37-416: Poté is a Brazilian municipality located in the northeast of the state of Minas Gerais . Its population as of 2020 was estimated to be 16,616 people living in a total area of 632 km. The city belongs to the mesoregion of Vale do Mucuri and to the micro-region of Teófilo Otoni. It became a municipality in 1938. The name is derived from a semi-legendary figure called Poté, who was an indigenous leader of
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
148-617: 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,
185-412: A small scale. There were 27,000 head of cattle (2006). There was one bank (2007) and 562 automobiles (687 motorcycles), giving a ratio of 26 inhabitants per automobile. There were 7 health clinics and 1 hospital with 34 beds. Patients with more serious health conditions are transported to Teófilo Otoni. Educational needs were met by 22 primary schools, 1 middle school, and 6 pre-primary schools. In 2000,
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
296-777: 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
333-520: 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
370-479: 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
407-513: 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
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#1732798515127444-487: 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 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
481-574: 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 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
518-483: The Botocudo, the first inhabitants of the region. Poté is located at an elevation of 549 meters, 40 km. west of Teófilo Otoni . The distance to the state capital, Belo Horizonte , is 486 km. Neighboring municipalities are: Ladainha , Teófilo Otoni , Itambacuri , Franciscópolis , and Malacacheta . The main economic activities of Poté are services, small industries, and agriculture. A large percentage 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
629-479: 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
666-499: 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
703-456: 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
740-624: 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
777-566: 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
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#1732798515127814-617: 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
851-502: 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
888-414: 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
925-547: 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:
962-488: 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; 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
999-558: 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 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
1036-564: The per-capita monthly income of R$ 99.00 was well below the state and national average of R$ 276.00 and R$ 297.00 respectively. The highest ranking municipality in Minas Gerais in 2000 was Poços de Caldas , with 0.841, while the lowest was Setubinha , with 0.568. Nationally, the highest was São Caetano do Sul in São Paulo, with 0.919, while the lowest was Setubinha. In more recent statistics (considering 5,507 municipalities), Manari in
1073-449: The population lives in the rural area and is engaged in subsistence farming. The GDP in 2005 was approximately R$ 42 million, with R$ 30 million from services, R$ 3 million from industry, and R$ 6 million from agriculture. There were 513 rural producers on 24,000 hectares of land. Only 24 farms had tractors (2006). Approximately 1,500 persons were dependent on agriculture. The main cash crop was coffee while sugarcane, beans, and corn were grown on
1110-423: 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
1147-560: 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
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1184-422: 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
1221-400: 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
1258-406: 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
1295-519: 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
1332-455: The state of Pernambuco has the lowest rating in the country—0,467—putting it in last place. 17°48′27″S 41°47′09″W / 17.80750°S 41.78583°W / -17.80750; -41.78583 Municipalities of Brazil Recent elections The municipalities of Brazil ( Portuguese : municípios do Brasil ) are administrative divisions of the Brazilian states . Brazil currently has 5,570 municipalities, which, given
1369-834: 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 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
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