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The 1988 Brazilian Constitution is the seventh enacted since the country's independence in 1822, and the sixth since the proclamation of the republic in 1889. [1] [2] It was promulgated on 5 October 1988, after a two-year process in which it was written from scratch. [citation needed]
Palace of Justice in Brasília. Brazilian law is largely derived from Portuguese civil law and is related to the Roman-Germanic legal tradition. This means that the legal system is based on statutes, although a recent constitutional reform (Amendment to the Constitution 45, passed in 2004) has introduced a mechanism similar to the stare decisis, called súmula vinculante.
The 1988 Constituent Assembly (Portuguese: Assembléia Constituinte de 1988), also known as the National Constituent Assembly (Portuguese: Assembléia Nacional Constituinte) was held in Brasília to establish Brazil's new democratic Constitution after 21 years under military rule.
Article 1: It is prohibited the adoption of discriminatory practices and for the purpose of limiting access to the employment relationship, or its maintenance by reason of sex, origin, race, colour, marital status, family status or age, except in this case the chances of child protection provided for in paragraph XXXIII art. 7 of the Federal Constitution.
Brazil is a federal presidential constitutional republic, which is based on a representative democracy. The federal government has three independent branches: executive, legislative, and judicial. [1] The Federal Constitution is the supreme law of Brazil. It is the foundation and source of the legal authority underlying the existence of Brazil ...
The Brazilian Penal Code defines an official or civil servant as follows: "Article 327 - ... those who, although temporarily or without pay, hold a position, employment or public usefulness. § 1 - Equivalent to a public official who holds a position, job or function in parastatal entity, and who works for the company providing the service or the private contractor for the execution of ...
This constitution was the shortest-lived Constitution of Brazil, lasting only three years (until 1937). Despite its short life, this constitution was important because it was the first time a Brazilian constitution was written from scratch by directly elected deputies in multi-party elections.
The government installed after the Oporto Revolution, known as the Provisional Junta of the Supreme Government of the Kingdom, [1] decided to convene the Cortes and on September 1, 1820 set up a preparatory commission. On November 22, the Commission published instructions for the election of representatives to the Cortes, which were held in ...