The Constitution of 1891 was the first Constitution of Brazil in the republican era. It was promulgated two years after the Proclamation of the Republic.
It was characterized by the institution of the presidential republican regime and the separation between the State and the Church.
Historical Context
Preamble of the first republican Constitution of Brazil
Brazil was going through a transition from a monarchical to a republican regime. As such, the government needed to change the Magna Carta that had governed the country since 1824 and create a Constitution that would adapt to the new reality.
A legislative assembly was chosen and drafted the new Constitution in three months. Much of the drafting was done by jurists Rui Barbosa and Prudente de Morais.
The new Constitution was inspired, among other things, by the United States Magna Carta, with the federalization of the States and the decentralization of power as its axis.
Even the name of the new country received American influence, as it was called “United States of Brazil”.
On February 24, 1891, the new Constitution of Brazil was approved and promulgated. This would be amended in 1926 and revoked four years later due to the Revolution of 1930.
Characteristics of the Constitution of 1891
The Constitution of 1891 determined:
- The creation of three powers: Executive, Legislative and Judiciary, with the Moderating Power being extinguished;
- The separation between the State and the Catholic Church. The State would be responsible for issuing certificates and certifications; and the Catholic clergy would no longer receive subsidies from the State;
- Freedom of worship for all religions;
- The guarantee of compulsory, secular and free primary education;
- The prohibition of the use of coats of arms or noble titles;
- The establishment of universal voting for literate Brazilian citizens over 21 years of age;
- The creation of the bicameral Legislative Branch. Deputies had a three-year term and senators a nine-year term. This put an end to the lifetime Senate;
- The emergence of the provincial legislative power. Thus, the provinces could create their own laws and taxes, having more autonomy in relation to the central power.
Summary of the Constitution of 1891
The Constitution of 1891 brought a new political configuration to Brazil.
In addition to the clauses that ended the monarchy, the country would now be configured differently. There would be more provincial autonomy and the Secular State was instituted . The Catholic religion ceased to be the country’s official religion and all religious denominations could hold public services.
It is important to note that some Church properties were confiscated at this time.
Likewise, the change in voting did not bring about any major changes. Voting was open and citizens had to sign a list that could be easily controlled and tampered with. With the new criteria – knowing how to read and write – the number of voters fell, instead of increasing.
This Magna Carta was designed to meet the demands of the São Paulo elite, who supported the proclamation of the Republic. They had advocated greater decentralization of the State and with this document, they achieved it.