Under threat, Brazil’s 1988 Constitution celebrates 30 years

The moment Congress approved Brazil's 1988 Constitution

Between 1987 and 1988, Brazil’s Congress dedicated itself to the task of framing and enacting a new Constitution from scratch. It was a response to 21 years of a gruesome authoritarian regime that kidnapped, tortured, and killed hundreds of people between 1964 and 1985. The new Constitution was the result of many compromises between different sectors of society. It symbolized not only the formalization of social and political principles for our nation, but also the birth of a new, democratic regime.

The 1988 Constitution replaced the charter of rights used during the era of the generals. The 1967 constitution consolidated the 1964 military coup, enhancing the powers of the president, neutering Congress, and restricting social and political rights. The current Constitution, however, is one of the broadest in terms of human rights in the world.

Principles

Article 5 of the Constitution brings a long list of irrevocable rights, such as:

All citizens are equal in the eyes of the law;
Freedom of speech and religion is guaranteed;
Private property cannot be violated;
Access to information must be universal;
Freedom of movement is ensured;

“While the constitution is clearly aimed at protecting citizens from a possibly authoritarian state, it also establishes that the state must act to curb the country’s appalling levels of inequality,” says Claudio Couto, a professor at the Fundação Getulio Vargas think tank, and columnist at The Brazilian Report.