State Structure

Brazil is a federal republic (República Federativa), consisting of a federal government (União Federal), capital of the district of Brasília and 26 states (Estados federados). Both at the federal and at the state level, power is divided into three separate forces. These are the legislative, executive and judicial branches.

First Federal Structure

Brazil's tradition of federalism not only responds to the enormous size of the country, but also pays tribute to the enormous cultural plurality of Brazil, the diversity of religions and organizations, and lifestyles. The tradition of Article 90 § 4 of the Constitution of 1891 established following the 1988 Constitution to the federal government as an unalterable form the core of the constitutional order.

Excluded from constitutional amendments are listed in Article 60 of the 1988 Constitution eternity principles, which include for example, the federal state structure, direct and secret suffrage, separation of powers structure and individual rights count. In contrast to the German constitution, the inviolability of individual rights extend not only to some of the core freedoms, but to all the catalog of Article 5 of the 1988 Constitution called liberties.

Outside of the three branches of government is the institution of the Ministério Público. The Ministério Público is led by the Attorney General and provides continuity of the democratic order, and ensuring the freedom and social rights of all Brazilians. The Ministério Público may occur either as an applicant or as a defender. To penalties for pollution shows one of its many functions.

Second National structure

At the head of each of the 26 Brazilian states organized their own state constitution, the powers of the legislative, judicial and executive organs. Unlike the states of the USA, the Brazilian states are organized largely homogeneous.

At the head of the executive branch at the state level is the governor. The governor is determined every four years by either entitle citizens of any State, in accordance with Article 28 CF in direct, secret ballot. Supports the governor is from a minister rod, whose exact functions are governed by the state constitutions.

Each Brazilian state has a state parliament, whose members are elected by secret ballot. Under Article 27 CF, the number determined in proportion to the country's parliament deputies to the population of the country.

Under Article 125, the CF National Court of Appeal is the highest court within the country's jurisdiction. In addition, in each country, there are federal courts.

Third Brasília Federal District and Municipalities

In addition to the state law governing the state constitutions, the township and village structure. Not least in order to emphasize the aspects of federalism, the plurality and diversity of the Brazilian population, the Federal Constitution guarantees the smallest cell of the State Government, the cities and towns, in Article 29 CF full autonomy. Communities form independent territorial units. According to the Brazilian Federal Constitution, municipalities have political, administrative and financial autonomy. Cities are represented by a mayor. The city council is the legislative body of cities and towns.

True to the tradition of the Brazilian Constitution of 1891 and the organizational structure of the United States of America to the Federal Circuit in Washington DC, District of Brasília is a structural special status in the state structure of Brazil. According to Article 32 paragraph 2 CF the head of the executive of the Federal District is determined every four years by secret ballot. Legislative power is exercised by the legislative council, which is composed in accordance with Article 32 paragraph 3 of CF determined by secret ballot deputies.

II powers

First Legislature

The legislative branch (Poder Legislativo) is composed in accordance with Article 44 CF of a bicameral, consisting of a Senate and House of Representatives. Jointly represent both houses the National Congress. The deputies receive their order as representatives of the people in periodic elections in the 26 states and the Federal District of Brasília. A number of constitutional norms determine the responsibilities of the two chambers and their relationship to the president.

The Senate (Senado Federal) is composed of 81 deputies. Each state and the Federal District sent under Article 46 CF regardless of the country's population of three senators for eight years after a majority vote. Senators must be 21 years old Brazilian and be suitable for the office. The President of the Senate must be Brazilian citizens by birth.

The Chamber of Deputies (Câmara dos Deputados) currently has 513 seats. Members are elected by proportional representation every four years. The number of deputies, who may appoint a state is measured, is, unlike the Senate, in accordance with Article 45 CF proportional to the size of a state, which receive no state less than eight or more than seventy MPs can. MPs must be 21 years old that have Brazilian citizenship and be suitable for the office. The President of the Chamber of Deputies must be Brazilian citizens by birth.

The main task of the legislature is to enact laws. Under the 1988 Constitution, the federal government exclusive pursuant to Article 22, Section 1-19 CF responsibilities include in matters of civil law, commercial law, criminal law, procedural law, the right to vote, of agricultural law, law of the sea, of the air law and labor law. Also questions of administrative and judicial for the Federal District Brasilia subordinate to the federal government.

After decades of executive and military dictatorships, it was stated goal of the Brazilian Constitution of 1988, to strengthen the position of the Parliament to the hypertrophy of the executive. The Constitution contains a number of provisions, which the two legislative houses override corresponding control. Circumcision is the power of the executive branch, especially in the newly established redistribution in the tax and budget matters expressed. Tax collection and disposal skills are redistributed in favor of the countries and communities, large budget shares shall be determined by the new constitution earmarked. The presidential election is to take place in a direct, general, free and secret popular vote and no longer, as before, a potentially biased Colégio Eleitoral. At the same time the role of the legislature will be strengthened, which regains its full autonomy and gets a say in matters of state and government budget.

Although in principle the creation and enactment of laws of the legislature is responsible, the legislature may, in certain exceptional cases, delegate this task to the head of the executive under Article 68 CF. Moreover, the executive branch under Article 62 CF using so-called provisional measures in cases of extreme urgency, even legislative action. The Congress then has to convert the provisional measure within 60 days in a formal law or reject it.

Second Executive

Brazil follows a presidential, republican model in which the executive (Poder Executivo) is headed by the President of the Republic. Since 01 January 2011, this is the first female president in the history, Dilma Vana Rousseff, the successor to the popular president Lula da Silva.

The office of President is occupied in accordance with Article 77 CF in direct, free and secret ballot. Potential candidates must be at least 35 years old and parteiaffiliiert, was born in Brazil and be of the right to exercise full political rights.

Brazilian citizen i.S.d. the Brazilian Constitution, under Article 12 CF are defined as follows. After jus solis principle every person born in Brazil Brazil is strong territoriality, regardless of parental origin. In addition, derivatives of a Brazilian parent original Brazilian citizenship gain, even if they were born abroad. In this case, however, necessary that the Brazilian parent worked for the Brazilian government, abroad on official mission. Also, the descendant explain his Brazilian citizenship separately.

By way of naturalization may be obtained Brazilian citizenship to follow manner. Citizens of another Portuguese-speaking country must stay for at least one year without interruption in Brazil and have good morals. For citizens of all other countries, the residence requirement is to have at least fifteen consecutive years without a criminal offense. The government of President shall be four years with the unique possibility of reelection. Votes will be on the first Sunday in October each year. If no candidate reached in this first round, the absolute majority, a second ballot at the last Sunday in October of an election year. In case of impossibility to officiate by the President-it was due to illness, death or removal from office of the Vice-President takes over Article 79 CF as President. In addition to the Vice-President, the President is assisted by his ministers, who appoint the President and has to adopt, Article 84, paragraph 1 CF. Task it is to guide the Minister in accordance with Article 84, paragraph 2 CF to advise the President and the relevant technical department. For other senior staff including inter alia the government council, the chief of staff of the attorney general and specially furnished offices for women, men and equity issues.

Third Judiciary

According to Article 92 of CF include the Supremo Tribunal Federal, the National Judicial Council (Conselho Nacional de Justiça), the Superior Tribunal de Justiça, the regional federal courts, including its judges, the labor courts, together with their judges, the electoral tribunals, including its judges, the military courts, together with their judges and the courts and judges of the individual states and the federal district of Brasilia to the organs of the judiciary.

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