Constitution
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Nothing above it: what is a Constitution?

In this election period, there is nothing better than understanding our rights and duties. You may have heard that something is "unconstitutional" or that "it is guaranteed by the Constitution". But after all, what is the Constitution?

In Chile, the proposal for a new Constitution was rejected by a large majority in a plebiscite held last Sunday (4). As a result, the Constitution inherited from the military dictatorship of Augusto Pinochet is still in force.

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But do you know what a Constitution is?

Of all the laws that exist in a country, the Constitution is the most important of them. It is the largest set of norms that governs a nation, a kind of “rule book".

It establishes the fundamental principles by which the State is governed: what are the limits on the exercise of power and os duties of citizens.

And on Constitution that the foundations and objectives of a country are defined.

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It establishes, for example, the rights and duties of citizens, regulates the legal system and organizes the role of public authorities, defining the responsibilities of municipalities, states, the Union and the three Powers of the Republic (Legislative, Executive and Judiciary).

The Constitution is also called Fundamental Law, Paper ou Magna Carta.

Essentially, the Magna Carta:

  • regulates the nature, scope and exercise of State powers
  • establishes the basic rights of citizens
  • defines the essential institutions of the State and establishes its powers
  • defines the methods of choosing rulers
Video by: LSE

Federal Constitution of 1988: the Citizen Constitution

Currently, the Brazilian legal system is governed by the Federal Constitution of 1988.

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It was written during Brazil's redemocratization process, after the end of military dictatorship, for this reason it became known as the Citizen Constitution.

On October 5, 1988, its promulgation was marked by the speech of the then federal deputy and participant in the Constituent Assembly, Ulysses Guimarães:

“The Constitution intends to be the voice, the letter, the political will of society towards change. Let the promulgation be our cry: Change to win! Change Brazil!"

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This is the seventh Constitution that our country has – and the sixth since we became a Republic.

Video by: Politics in the paper

And there? Now you understand why Is there always someone saying that we should respect the Constitution? That she is the true guardian of our democracy?

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