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| Constitutional Amendment process (Brazil) | |
|---|---|
| Name | Brazil |
| Long name | Federative Republic of Brazil |
| Capital | Brasília |
| Constitution | Constitution of Brazil (1988) |
Constitutional Amendment process (Brazil)
The constitutional amendment process in Brazil governs how the Constitution of Brazil (1988) is altered, involving actors such as the National Congress of Brazil, the Federal Senate of Brazil, and the Chamber of Deputies of Brazil. It balances procedures shaped by the 1988 text, precedents from the Constituent Assembly (1987–1988), and interventions by the Supreme Federal Court (Brazil), with influences from events like the 1988 Brazilian Constituent Assembly and political forces represented by parties such as the Workers' Party (Brazil) and the Brazilian Social Democracy Party.
The amendment process derives from the Constitution of Brazil (1988), adopted after the Military dictatorship in Brazil and the Diretas Já movement, and executed through institutions including the National Congress of Brazil, the Federal Senate of Brazil, the Chamber of Deputies of Brazil, and administrative officials like the President of Brazil. It is constrained by doctrines developed by the Supreme Federal Court (Brazil) and debated among constitutional scholars at universities such as the University of São Paulo and the Federal University of Rio de Janeiro.
Brazil distinguishes between formal amendments under Article 60 of the Constitution of Brazil (1988) and complementary norms created by the Constitutional Amendment Bill procedure. Certain entrenched provisions—rooted in the post-dictatorship consensus and influenced by instruments such as the Universal Declaration of Human Rights—are treated as clausal limits by constitutionalists like Luís Roberto Barroso and Dias Toffoli, and adjudicated by the Supreme Federal Court (Brazil). Debates over types involve comparisons to amendment regimes in systems represented by the United States Constitution and the German Basic Law.
Amendments may be proposed by deputies in the Chamber of Deputies of Brazil, senators in the Federal Senate of Brazil, the President of Brazil, state legislative assemblies such as the Legislative Assembly of São Paulo, or popular initiative mechanisms framed by the Electoral Code (Brazil). Proposals follow rules established in the Constitution of Brazil (1988) and the Internal Rules of the Chamber of Deputies (Brazil), and are assigned to committees similar to practices in the United Kingdom Parliament and the French Parliament for preliminary review.
Plenary deliberation requires approval in both the Chamber of Deputies of Brazil and the Federal Senate of Brazil in two rounds, with a three-fifths supermajority of the members in each house, as defined by Article 60. Voting procedures mirror majoritarian thresholds used in comparative contexts like the Canadian constitution debates and are affected by party dynamics involving formations such as the Brazilian Democratic Movement and the Progressistas (Brazil) coalition. Time constraints and quorum rules are governed by chamber regulations and have been litigated before the Supreme Federal Court (Brazil) in cases concerning the Doctrine of Constituent Power.
Once approved, amendments are promulgated by the President of the Chamber of Deputies and the President of the Federal Senate, then published in the Diário Oficial da União. Formal promulgation procedures echo practices in other federations such as Argentina and the United States; administrative acts are recorded and registered with agencies including the National Council of Justice and archived by institutions like the National Library of Brazil.
The Supreme Federal Court (Brazil) exercises judicial review over amendments when questions of procedural regularity or compatibility with the constitution’s core arise, invoking doctrines similar to the basic structure doctrine found in jurisdictions such as India. Cases involving limits on amendments have engaged justices like Ellen Gracie and Cármen Lúcia. The constitution’s unamendable clauses—interpreted by jurists at institutions like the Fundação Getulio Vargas—cover aspects of the federative pact, voting rights, and separation of powers debated in rulings such as ADI 1946 and other constitutional actions.
Significant amendments include those addressing fiscal rules in response to crises resembling the 2014 Brazilian economic crisis, pension reforms debated during administrations of presidents such as Michel Temer and Luiz Inácio Lula da Silva, and political reforms tied to scandals like Operation Car Wash. Notable jurisprudence involving amendment limits and procedural disputes reached the Supreme Federal Court (Brazil) and referenced constitutional scholarship from figures like José Afonso da Silva and Ada Pellegrini Grinover. Episodes such as the 1994 constitutional amendments on fiscal matters and the 2017 pension reform proposal illustrate tensions among actors including the Ministry of Finance (Brazil), congressional leaders like the President of the Chamber of Deputies, and social movements represented by unions such as the Central Única dos Trabalhadores.