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Constituição Portuguesa de 1933

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Constituição Portuguesa de 1933
NameConstituição Portuguesa de 1933
CountryPortugal
Adopted1933
Repealed1976
SystemCorporatist Estado Novo

Constituição Portuguesa de 1933 was the fundamental charter that established the Estado Novo regime under António de Oliveira Salazar, replacing the Constituição de 1911 and shaping Portuguese institutions until the Carnation Revolution. The document fused elements from the Constituição de 1822, the Constitutional Charter of 1826, and contemporary authoritarian constitutions such as the Italian Constitution of 1925 and the Spanish Constitution of 1937. Its enactment consolidated ties among figures from the União Nacional, bureaucrats linked to the Bank of Portugal, and conservative elites in Lisbon, Porto, and colonial administrations in Angola and Mozambique.

Historical background

The 1933 text emerged amid political crises rooted in the First Portuguese Republic era, marked by the fallouts of the 1917 Portuguese coup d'état, the Monarchy of the North, and the rise of movements like Integralismo Lusitano and the Portuguese Legion. Economic dislocation from the Great Depression and fiscal interventions by the Ministry of Finance and the International Monetary Fund-era antecedents bolstered support for fiscal conservatism epitomized by António de Oliveira Salazar and advisers connected to the Bank of Portugal. Domestic instability following the 1926 Portuguese coup d'état and the Ditadura Nacional provided impetus for a constitution that promised order, drawing intellectual influence from jurists associated with the University of Coimbra, commentators in the Diário de Notícias, and pamphleteers sympathetic to Action Française and German conservative thought.

Drafting and adoption

Drafting was directed by Salazar, officials from the Ministry of Justice (Portugal), and legal scholars with ties to the University of Coimbra and the University of Lisbon, referencing models like the Irish Constitution and the Weimar Constitution selectively. The Constituent National Assembly that ratified the document featured deputies from the União Nacional and members formerly aligned with the monarchists, with public ceremonies held at venues in Lisbon and recordings by presses such as the Diário de Notícias. Adoption procedures relied on decrees promulgated by the President of the Republic and administrative networks of the Civil Government of Lisbon.

Political principles and structure

The constitution established a corporatist, presidentialist regime that curtailed the parliamentary model of the 1911 constitution, emphasizing hierarchical representation through bodies modeled on corporatism in Portugal and influenced by ideas from Gustavo de Arriaga and José Pitta de Sousa. The arrangement concentrated powers in the Presidency and executive ministries, marginalizing the legislature and aligning with doctrines promoted in conservative periodicals such as A Capital and O Século. Provincial administration and colonial governance were integrated under statutes affecting Angola (Portuguese colony), Mozambique (Portuguese colony), and the Overseas Province of Goa.

Rights and duties of citizens

Civil provisions nominally recognized rights derived from civil law traditions rooted in the Código Civil and protections influenced by scholars from the University of Coimbra, while simultaneously imposing duties tied to family, labor, and national solidarity advocated by the Catholic Church in Portugal and conservative unions like the National Syndicalist Movement (Portugal). Religious liberties were framed in the context of concordats and relations with the Holy See, and educational prerogatives intersected with institutions such as the University of Lisbon and church-run colleges. Restrictions targeted political associations linked to the Portuguese Communist Party, the Portuguese Republican Party, and other organizations proscribed under security statutes enforced by the PIDE precursor apparatus.

Institutional provisions

The constitutional text reorganized state organs including the Presidency, the Council of Ministers, a corporative National Corporative Chamber replacing broader legislative assemblies, and judicial structures drawing on the Supreme Court of Justice (Portugal). Administrative law reforms affected municipal councils in Lisbon and Porto, colonial governors in Angola and Macau, and security organs that evolved into the PIDE; electoral rules privileged the União Nacional and limited suffrage consistent with elite-controlled models seen in Italy under Mussolini and Spain under Franco. Fiscal authority centralized through instruments associated with the Bank of Portugal and the Ministry of Finance (Portugal).

Amendments and revisions

Throughout its lifespan, the constitution underwent modifications via laws enacted by the Assembleia Nacional and decrees from the President of the Republic (Portugal), notably during periods of wartime mobilization and postwar adjustments influenced by international pressures from entities like the United Nations and diplomatic ties with the United Kingdom and United States. Revisions addressed administrative organization, colonial policy reforms affecting Angola and Mozambique, and adjustments to corporative representation reflecting debates among figures in the União Nacional and bureaucrats at the Ministry of Interior (Portugal).

Impact and legacy

The 1933 charter shaped mid-20th-century Portuguese politics by legitimizing the Estado Novo, affecting colonial policy in Angola, Mozambique, and Guinea-Bissau, and influencing resistance movements including activists linked to the Portuguese Communist Party, the MFA, and dissidents educated at the University of Coimbra and University of Lisbon. Its institutional framework was ultimately superseded after the Carnation Revolution and replaced by the Constituição de 1976, yet debates about corporatism and national identity persisted in scholarly works archived in the National Library of Portugal and discussed in hearings at the Assembly of the Republic (Portugal).

Category:Constitutions of Portugal Category:Estado Novo (Portugal) Category:1933 in Portugal