When was elaborated the Brazilian Constitution lived is still the end of the
Cold War , on one side there were the "
leftist " supporters of socialism, on the other, the "
right " on the rural oligarchy and industrial and some liberals, she was one
hodgepodge of indentations these ideologies and strong state interventionism.
Today, even the
President Maduro was "left" said the bankruptcy of socialism, Fidel Castro Cuba is opening up, China still resists one - party therefore highly interventionist but is the account drops towards centralized liberalism.
The Brazilian Constitution is Semi-governed, provides
referendum and
plebiscites and can be changed by supplementary laws.
The presidential system prevailed in Brazil, the last plebiscite was held on 21 April 1993. On this occasion, the people were consulted on the form and system of government (monarchy, republic, presidentialism, parliamentarism). Through the referendum, the people of Brazil decided to keep the Republic Presidential.
However, there may be new plebiscite in a new way system, just the absolute majority of the Congress approves, the question is whether the majority is oligarchic want.
All electoral systems parliamentarism is the best for liberalism in England this settled in the
Glorious Revolution .
Today Brazil needs change, perhaps a new constitution open, more liberal. And under is based, the newspaper hypothetically made a parliamentary model and a supposed liberal constitution.
We, representatives of the Brazilian people, gathered in the National Constituent Assembly to institute a Democratic State , to ensure the exercise of social and individual rights, liberty, security, well-being, development, equality and justice as values supreme of a fraternal, pluralistic and unprejudiced, based on social harmony and committed, in internal and international, to the peaceful settlement of disputes, promulgate, under the protection of God.
We, the US people, in order to form a more perfect Union , establish Justice, insure domestic Tranquility, provide for the common defense, promote the general welfare, and secure to ourselves and our posterity the benefits of liberty, do ordain and establish this Constitution for the United States.
We, the multinational people of the Russian Federation, united by common fate on our land, establishing and ensuring human rights and freedoms, peace and harmony of citizens, preserving the state unity, historically established on the basis of universally recognized principles of equality and self-determination of peoples, revering the memory of ancestors that transmitted the love and respect for the country, the belief in goodness and justice, reviving the sovereign state of Russia and asserting the inadaptability of its democratic base, determined to ensure the welfare and prosperity of Russia, leaving the responsibility for our Fatherland before the present and future generations, recognizing ourselves as part of the world community, we promulgate the CONSTITUTION oF tHE RUSSIAN FEDERATION.
I put pink differences: We, the US People, We, the multinational people of the Russian Federation, united,the Brazilian . We, representatives of the Brazilian people, gathered in the National Constituent Assembly to institute a Democratic State You note that representatives and not we like the others, there is also a religious component that undermines the principle of religious equality phrase to the peaceful settlement of disputes, promulgate, under God's protection should be deleted or added under the protection of all religions and atheists the preamble was imperfect in the sense of ethical equality.
It is not hatred or anger, but as the Brazilian State is in presidentialism system should be secular, the word God in the constitution are already excluded Buddhists, Muslims, Taoists, Confucians, Kabbalists etc. and such and being open to various approaches and always need additional laws.
Now we will outline the parliamentary system he has.
· Relative ease and speed of passing laws.
· Increased communication executive with the legislature, enabling better transparency and oversight.
· Less likely to occur authoritarian governments because of the rapprochement between the state and the opposition.
· Less ease of corruption, because of the power of dilution.
· Decrease in election campaign costs
I will now outline a model for the Brazilian parliamentarism and a liberal constitution.
In this electoral system Parliamentary Direct direct elections for City Council and these elect the First Mayor and so with State Representatives would elect the First Governor, so does the federal deputies, elect the Prime Minister or President.
In a parliamentary system, the
head of state with the request for referendum at the mention of censure in the case of the Prime Minister, federal deputies, the First Governor, state representatives, First Mayor, City Council and put to a referendum at the request of the dissolution of the Congress by Prime Minister well with simple majority, 50% , but one of the deputies also referendum, so for the first Governor and first Mayor.
Direct elections for Federal Deputy, State and Municipal everything in one day with the speed of the elections made by the Federal Electoral Tribunal, in electronic voting machines whose speed, both referenda or plebiscites would more democracy to the country.
Referenda for constitutional changes which will be made by amendments and not articles.
Advantage does not need elections at all times but referendums when mention of censorship by the elected and by the Prime Minister to ask for new elections, this also for first mayor, governor.
The elections would take place from 6 in 6 years that would give time to the government programs surtirem results, therefore it comes to medium term, four years are short term, however, there may be referendum if the government is going well in each one year or two years.
A constitution based on liberalism is necessary release of all utopias and dogmas, the mind must be empty without the negative tendencies that lead afflictions and illusory states.
Where knowledge is will aware of the developments to the subject go beyond his fictional world or modeled by laws of an open Constitution and not subject to any time representatives to model how will the society.
A Liberal Constitution Model:
Preamble
We Brazilians and people who live here and those who have become Brazilian citizens in the goodness cultivate freedom and sense of sincerity about the public tract not harming others and people cultivating the use of transformations and customs that no longer serves giving priority to municipalities and turn freemen of dogmas and ideologies that hinder the well-being.
Chapter 1
1st Amendment.
1. The people are bearer of sovereignty and the only source of power in the Federal Republic respecting the cultural and ethnic diversity and the search for peace and self-sufficiency in the well-being ..
2. The people shall exercise their power directly through the Electoral Parliamentary System.
3. The highest direct expression of the people's power are free elections, plebiscites, referendums.
4. No one can usurp the power of the Republic effected by the people, not the seizure of power.
2nd Amendment.
1. Sovereignty extends throughout its territory.
2. The Constitution of the Federative Republic of Brazil may be changed by referendum and referendums, municipal laws are unit of citizen skills where you live, respecting the international conditions of the welfare of the UN.
3. Federal, State and local laws will have effect after the referendum or plebiscite, thus maintaining ensuring the integrity and inviolability of your site, and it held as taxes and revenues, civil and criminal.
3rd Amendment
1. The Brazilian Federal Republic will be democratic Parliamentary system.
2. Parliamentary Electoral system Direct direct elections for City Council and these elect the First Mayor and so with State Representatives would elect the First Governor, so does the federal deputies, elect the Prime Minister or President.
3. The states and municipalities have their own constitution and laws autonomous with its own regulations ..
3. Brazil's Federation structure is based on integrity in the Supreme Court and the National Congress.
4. In relations with federal agencies the subject of the Federative Republic of Brazil has equal rights, since respect the rules and customs and city customs fitting the Municipal Court judgment of actions and daily events.
4th Amendment
1. Citizenship of the Federative Republic of Brazil is acquired and waived in accordance with federal law is uniform and equal and can anyone ask for citizenship, regardless of the laws of other nations.
2. The Brazilian citizen or naturalized and who are passing can not be deprived of their citizenship or the right to change it.
5th Amendment
1. Brazil is a social state whose policy is to create conditions to ensure a dignified human life and free development.
2. In the Federative Republic of Brazil, are protected education, health and safety, is guaranteed an amount stipulated by law, lends itself government support to families, mothers, fathers and children, disabled and elderly, is developed system of social services, government pensions and benefits and other security guarantees are established.
6th Amendment
1. In the Federative Republic of Brazil is guaranteed the unity of economic space, free movement of goods, services and financial resources, support for competition, freedom of economic activity.
2. In Brazil Federation gain recognition and equal protection to private property, preventing install mixed or state enterprises, except in education, health and safety and housing.
7th Amendment
1. The land and other natural resources are used and protected in the Federative Republic of Brazil, as a basis for life and work of people living in that territory.
2. Land and other natural resources can be in private and aimed at the welfare and food security, health and education made by the competition.
8th Amendment
1. The power of the Federative Republic of Brazil is based on parliamentarism, the
head of government is appointed by parliament for a certain period and validated by referendum at the request of the Prime Minister or 50% plus 1 of Congressmen, so with the First Governors and first Mayors.
Article 11
2. The
head of government is appointed by parliament for a certain period recognizes and guarantees local autonomy. Local self-government is independent within the limits of his powers ortogado by citizens in municipal law including taxes.
Amendment 9
1. The Federative Republic of Brazil recognizes the ideological diversity.
2. No ideology or religion or dogma can be defined as the state or mandatory.
3. Federative Republic of Brazil recognizes the political and multi-diversity.
5. The making and activity of public associations whose aims and actions are directed at changing the constitutional order and violating the integrity of the Federative Republic of Brazil, undermining its security, creating armed groups.
10th Amendment
1. The Federative Republic of Brazil is a secular state. No religion can be defined as the state or mandatory and subject to verification Tributaria.
2. Religious associations are separate from the state and equal before the law, but subject to federal check for the equity.
11th Amendment
1. The Constitution of the Federative Republic of Brazil has strength supreme law, additional municipal and direct effect and is applied to the unit not across the Federative Republic of Brazil.
2. Laws must be officially published. Unpublished laws are not applicable. Any normative legal acts affecting the rights, freedoms and duties of man and citizen may not be used if they are not officially published for general information.
4. The principles and publicly recognized norms of international law and international treaties of the Federative Republic of Brazil are part of its legal system. If an international treaty of the Federative Republic of Brazil provides different rules stipulated by law, the rules of the international treaty are used.
12th Amendment
1. The provisions of this chapter of the Constitution are the basis of the Constitutional system of the Federative Republic of Brazil and may be changed by amendments in accordance with the referendums, plebiscites and elections.
Chapter 2:
RIGHTS AND FREEDOMS HUMAN AND CITIZENS
13th Amendment
1. The Federative Republic of Brazil recognizes and guarantees the rights and freedoms of man and citizen according to the principles and norms of international law and in accordance with this Constitution and new laws made by plebiscites, referenda and laws passed by the Parliamentary and by the Prime Minister.
2. Fundamental rights and freedoms are inalienable and belong to everyone from birth.
3. The exercise of rights and freedoms should not infringe upon the rights and freedoms of others.
14th Amendment
The rights and freedoms of man and citizen have direct effect. They determine the meaning, content and application of laws, the activity of legislative and executive powers, local authorities and are guaranteed first by the Municipal Courts.
15th Amendment
1. All are equal before the law and justice.
2. The State shall guarantee equal rights and freedoms of people and citizens, regardless of gender, race, nationality, language, origin, status of property and employment, place of residence, relation to religion, convictions, perishing associations public, as well as other factors. It is prohibited any form of restriction of the rights of citizens on social identity, racial, ethnic, linguistic or religious.
3. Men and women have equal rights freedoms and equal opportunities for their realization.
16th Amendment
1. Everyone has the right to life.
2. The death penalty, until its abolition, may be established by federal law as an exceptional punishment for very serious crimes against life, by presenting the accused the right to have his case heard by a jury.
17th Amendment
1. Human dignity must be protected by the state. Nothing can justify its exemption.
2. No one shall be subjected to torture, violence or other cruel or degrading treatment or punishment. No one shall be subjected without free consent to medical experiments, scientific or otherwise.
18th Amendment
1. Everyone has the right to liberty and personal security.
2. Arrest, detention and custody is allowed verification of corruption crimes, heinous person can be detained for up to 10 days.
19th Amendment
1. Everyone has the right to privacy, personal or family secrets, protection of honor and good name, provided it is not corruption or heinous crime.
2. Everyone has the right to privacy of correspondence, telephone conversations, postal, telegraphic and other communications. The restriction of this right is permitted only by court order, provided it is not corruption or heinous crime.
20th Amendment
1. The collection, storage, use and dissemination of information on the private life of a person without his consent is not permitted, provided it is not corruption or heinous crime.
2. Authorities and local governments and their officials are obliged to provide access to all documents and materials that directly affect their rights and freedoms, unless otherwise provided by law.
21th Amendment
1. The home is inviolable. No one has the right to enter a home against the will of those residing therein, except in cases provided for by federal law or by court order, provided it is not corruption or heinous crime.
22th Amendment
2. Everyone has the right to determine and indicate his nationality. No one can be forced to determine, but their nationality is.
2. Everyone has the right to use their native language in the selection, to free choice of language for communication, learning and creativity education.
23th Amendment
1. All who are lawfully in the territory of the Federative Republic of Brazil has the right to move freely and choose their place of stay and residence.
2. Everyone can freely leave the boundaries Federative Republic of Brazil, since he did not commit corruption, malfeasance and crimes against life.
24th Amendment
1. Everyone is guaranteed freedom of conscience and religion, including the right to profess, individually or together with others, any religion or not to follow any, freely choose, possess and disseminate religious beliefs and other convictions, and act in accordance with them, but must demonstrate the Balance Board as any company.
25th Amendment
1. Everyone is guaranteed freedom of thought and expression.
2. Advertising is not permitted or incitement to hatred and enmity social, racial, ethnic or religious. Is prohibited advertising of social supremacy, racial, ethnic, religious or linguistic.
3. No one can be forced to express his opinion and conviction, or to reject them.
4. Everyone has the right to freely seek, receive, transmit, produce and disseminate information by any means lawful. The list of findings that make up a state secret is determined by federal law.
5. Guaranteed freedom of mass information. Censorship is prohibited.
26th Amendment
1. Everyone has the right to association, including the right to form trade unions to protect their interests. public associations actions freedom is guaranteed.
2. No one may be compelled to join any association or union, can not be discounted without consent of the member to remain in it.
27th Amendment
Russian Federation citizens have the right to assemble peacefully, without weapons, hold rallies, meetings, demonstrations, marches and pickets.
28th Amendment
1. Citizens Federative Republic of Brazil have the right to participate in managing state affairs, both directly and through their representatives.
2. Citizens of the Federative Republic of Brazil have the right to elect and be elected to state and local authorities, as well as participate in the referendum and plebiscites.
3. The right to elect and to be elected is denied to citizens unfit to plead, as well as those held in prison after conviction or involved in corruption.
4. Citizens of the Federative Republic of Brazil should have equal access to public service.
5. Citizens of the Federative Republic of Brazil are entitled to participate in the administration of justice.
29th Amendment
1. Citizens of the Federative Republic of Brazil have the right to appeal to state and local government agencies, both personally and collectively.
30th Amendment
1. Everyone has the right to freely use his abilities and property for entrepreneurial and other activities that are not prohibited by the law of economic activity, however, can make scientific genetic experiment.
2. It is allowed economic activity aimed to competition and free of federal interventions, you study and municipal unless unfair and may be monopoly and oligopoly provided it is always favorable to the country.
3. The state should not have joint ventures and neither the Company nor corporation, except in health, education and security.
31th Amendment
1. The right to private property is protected by law, but should be used fulfilled the social function of her use, there can be no speculation and bad environmental conservation.
2. Everyone has the right to have property in the possession, use and dispose of it in person or jointly Federative Republic of Brazil being the true owner, for the Republic the property is all Brazilians.
3. No one shall be deprived of property except by court order. The expropriation for public purposes can be made only with the prior and fair compensation, unless by corruption or improper conduct and theft.
4. The right of succession is guaranteed by referendum and plebiscites.
32nd Amendment
1. Citizens and their associations have the right to land as private property provided there is no undue exploitation and speculation and bad land use and poor maintenance.
2. The possession, use and disposal of land and other natural resources are exercised by the owners freely, if not harm the environment and does not violate the rights and legitimate interests of other people and the Federative Republic of Brazil.
3. The conditions and the process of land dispossession and this should be at market value and paid in cash.
33th Amendment
1. Labour is free. Everyone has the right to freely use their abilities to work, to choose the type of activity and occupation.
2. Forced labor is prohibited.
3. Everyone has the right to working conditions that meet safety and hygiene conditions, labor remuneration with no discrimination, with the minimum wage legally established by the employee and owner and free to negotiate their wages, vacation, unemployment insurance, trading does not need collective agreements made by trade unions unless the employee wishes.
34th Amendment
1. Maternity, childhood and the family are under state protection.
2. The care of children and their education are an equal right for all and duty of parents and especially the state budget reserving 30% of the taxes collected.
3. Children over 15 years, able to work, can and should take care of the parents incapable.
35th Amendment
1. Everyone is guaranteed social security by age, in case of illness, disability, loss of responsibility for the education of children and in other cases provided by law and the state will transfer 30% of taxes to the relevant organs of health.
2. The State and social benefits of pensions are provided by law and free negotiation between company and worker.
36th Amendment
1. Everyone has the right to housing. No one shall be arbitrarily deprived of housing fit 10% of the taxes collected from all union programs for housing as safety and welfare.
2. State authorities and local self-government shall encourage housing construction and create conditions for exercising the right to housing with 10% of collected taxes.
3. The low-income people and other persons mentioned in the law that are in need of housing, can have it for free or for a reasonable price by the state, municipal funds for housing and other funds in accordance with established standards by law.
Chapter 3.
STRUCTURE FEDERAL.
37th Amendment
1. The Prime Minister is the head of state.
2. Justice and guarantor of the Constitution of the Federative Republic of Brazil, the rights and freedoms of man and citizen and protect the sovereignty Federative Republic of Brazil with the Supreme Court, its independence and state integrity, ensure coordinated functioning and the interaction of the organs of state power.
4. The Prime Minister represents the country in international relations.
38th Amendment
1. The Prime Minister of the Federation Federative Republic of Brazil is elected by Members for six years and may through plebiscite or referendum be removed from office by the citizens of the Federative Republic of Brazil and congressmen in monsoon censorship. Based on parliamentary electoral system, equal and direct vote by secret ballot to all after 15 years.
2. The Prime Minister of the Federation Federative Republic of Brazil must be a citizen of the Federation of Brazil, not less than 35 years old, a permanent resident in the Brazilian Federation for over 10 years.
39th Amendment
1. When taking office the Prime Minister of the Federation Federative Republic of Brazil gives people the following oath:
"I swear in the performance of the Prime Minister powers of the Federation Federative Republic of Brazil, to respect and protect the rights and freedoms of man and citizen, to respect and defend the Constitution of the Federation of Brazil, to protect the sovereignty and independence, security and integrity of the State, serve the people faithfully. "
2. The oath shall be in a celebratory atmosphere in the presence of members of the Federation Council, deputies of the judges of the Constitutional Court of the Supreme Court.
40th Amendment
The Prime Minister of the Federation Federative Republic of Brazil
a) governs the foreign policy of the Federation of Brazil;
b) negotiates and signs international treaties of the Brazilian Federation;
c) sign the ratification documents;
d) accepts the credentials and call letters back from the diplomatic representatives accredited to it.
41st Amendment
1. The Prime Minister of the Federation Federative Republic of Brazil is the Commander Major of the Armed Forces of the Brazilian Federation.
2. In the event of aggression against the Brazilian Federation or the immediate threat of aggression, Prime Minister of the Federation Federative Republic of Brazil introduced in areas specific to martial law, with immediate notification to the Deputies and the National Court.
42nd Amendment
1. Prime Minister of the Federation Federative Republic of Brazil:
a) resolve issues of citizenship of the Brazilian Federation and of granting political asylum;
b) decorates with government awards of the Brazilian Federation.
c) grants forgiveness.
43th Amendment
1. Prime Minister of the Federation Federative Republic of Brazil shall issue decrees and orders.
2. The decrees and orders of the Prime Minister of the Federation Federative Republic of Brazil are required to perform throughout the Federation of Brazil.
3. The decrees and orders of the President of Brazil Federation must not contradict the Constitution of Brazil and municipal, state and federal laws laws.
44th Amendment
1. The Supreme Court shall consist of federal judges in the number of 11 chosen from a list drawn up three robin judges and voted on by all federal judges, it is up to Members the choice of who will occupy the post.
2. The Supreme Court shall kindle the acts of federal actions, the State, the State Court, the municipality, the Municipal Court, all drafted and voted by a triple list.
3. When you have new elections can the Federal Deputies, State Deputies City Council to ask for a new Supreme Court or State Court and Municipal Court through a referendum.
4. The laws will have priority in the municipality, the court may summon jurors for personal actions ultimately, the first is up to the judge (a), the second Three judges (as) and last Jury instance in the same city, can not rise to Court state nor Federal ..
5. It is to judge the State Laws the State Court following the following order: first instance it is up to a judge, second stanza, three judges and finally Popular Jury.
6. judge Federal Laws the Federal Court following the following order: first instance it is up to a judge, second stanza, 11 judges appointed by Congress.
7. The 11 Judges shall be appointed by Congress and approved by the population.
45th Amendment
1. Can the Congress and the Prime Minister draw up amendments from passing through plebiscite or referendum.
2. The population may make amendments with at least 10% of the voting population, however, will need to referendum or plebiscite.
3. The Constitution opens.