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| Legislative Branch of Brazil | |
|---|---|
| Name | National Congress of Brazil |
| Native name | Congresso Nacional do Brasil |
| Founded | 1824 (origins); 1891 (Republican bicameralism); 1988 (current Constitution) |
| House type | Bicameral |
| Houses | Federal Senate; Chamber of Deputies |
| Leader | President of the Federal Senate; President of the Chamber of Deputies |
| Members | 594 (81 Senators; 513 Deputies) |
| Meeting place | National Congress Palace, Brasília |
Legislative Branch of Brazil is the federal lawmaking institution of the Federative Republic of Brazil, operating as a bicameral National Congress composed of the Federal Senate and the Chamber of Deputies. It enacts constitutional amendments, ordinary laws, budgetary measures, oversight actions, and confirmation of appointments, interacting with the President of Brazil, the Supreme Federal Court, regional Governors of Brazil, and state legislatures. The branch's powers and procedures are defined primarily by the Constitution of Brazil (1988), informed by precedents from the Constituent Assembly of 1987–1988, and shaped by party coalitions and institutional reform debates involving figures like Getúlio Vargas, Juscelino Kubitschek, and Fernando Henrique Cardoso.
The National Congress is headquartered in the Planalto Palace complex in Brasília and convenes in the National Congress of Brazil building, designed by Oscar Niemeyer. The Senate represents the federative units and the Federal District, while the Chamber of Deputies represents the population through proportional representation. The Congress operates amid influences from political actors such as Lula da Silva, Jair Bolsonaro, Michel Temer, and institutions like the Superior Electoral Court and the Tribunal de Contas da União. Legislative activity intersects with national crises exemplified by episodes like the Impeachment of Dilma Rousseff and the Impeachment of Fernando Collor.
The branch is constituted under the Constitution of Brazil (1988), which succeeded the Constitution of 1967 and the Constitutional Acts of the Estado Novo. The Constitution prescribes separation of powers among the President of Brazil, the National Congress, and the Supreme Federal Court (STF), while enumerating competencies such as tax law, budgetary approval, and national policy via instruments like the complementary law and provisional measures. Constitutional amendment procedures reference mechanisms used during the Constituent Assembly of 1987–1988 and incorporate safeguards similar to supranational norms discussed in relations with the Mercosur and the Organization of American States.
The Senate comprises 81 members, three per federative unit, elected for eight-year terms with staggered renewals; the Chamber has 513 deputies elected for four-year terms through open-list proportional representation with electoral districts aligned to States of Brazil. Leadership offices include the President of the Senate, President of the Chamber, and committee chairs. Major standing committees echo examples like the Constitution, Justice and Citizenship Committee and the Budget and Finance Committee, paralleling practices in legislatures such as the United States Senate and the British House of Commons. Membership has included figures like Aécio Neves, Sergio Moro, Dilma Rousseff (before presidency), and Ciro Gomes as deputies or influencers.
Enumerated powers include proposing and voting on constitutional amendments, approving the federal budget approved in dialogue with the Ministry of Economy, authorizing loans, ratifying international treaties including those negotiated with China or the European Union, overseeing executive activity through inquiries like CPIs, and confirming appointments to bodies such as the Central Bank of Brazil and diplomatic posts. The Congress also participates in national security matters alongside the Ministry of Defence and authorizes declarations of war. Fiscal oversight is exercised in coordination with the Tribunal de Contas da União and audit reports influenced by episodes such as the Mensalão scandal.
Legislation originates from deputies, senators, the President of Brazil, and state legislatures via constitutional amendment bills, ordinary bills, and provisional measures. Bills pass through committee review, plenary debates, and bicameral negotiation stages including joint sessions and committee of the whole; key instruments include the Regiment of the National Congress and internal rules of the Senate and Chamber. The process has been shaped by judicial review from the Supreme Federal Court (STF) in landmark rulings such as those involving Marco Aurélio Mello and Lewandowski on procedural conflicts, and by electoral timing set by the Superior Electoral Court (TSE).
The National Congress exercises checks on the President of Brazil through oversight, impeachment proceedings as in the cases of Fernando Collor de Mello and Dilma Rousseff, and confirmation of cabinet and high-level appointments. The Supreme Federal Court adjudicates disputes over legislative competence and constitutionality, while the Congress enacts statutory frameworks that affect decisions by the Superior Tribunal of Justice. Interbranch conflicts have arisen over issues involving Provisional Measure overuse, the Judicialization of Politics, and coordination during emergencies such as the COVID-19 pandemic in Brazil.
Brazil's multiparty system includes major national parties like the Workers' Party (PT), PSDB, PP, PL, MDB, PSL, DEM (now part of União Brasil), PP, and newer formations like NOVO. Congressional leadership is negotiated through coalitions known as the Centrão and informal blocs, influencing committee assignments and the passage of reforms promoted by presidents such as Luiz Inácio Lula da Silva and Jair Bolsonaro. Prominent leaders have included Rodrigo Maia, Eduardo Cunha, Arthur Lira, and Davi Alcolumbre.
Legislative institutions evolved from the Cortes of Portugal antecedents through the Imperial Senate of Brazil era and were reorganized after the Proclamation of the Republic (1889). Republican constitutions of 1891, 1934, 1937 under Getúlio Vargas, 1946, 1967 during the Military dictatorship (1964–1985), and the 1988 Constitution mark major turning points. Reforms include electoral reforms like the adoption of open-list proportional representation, changes to campaign finance via the Clean Record Act (Lei da Ficha Limpa), amendments to budgetary rules through the Fiscal Responsibility Law (Lei de Responsabilidade Fiscal), and institutional responses to corruption scandals such as the Operation Car Wash (Lava Jato). Architectural and symbolic reforms include moving the capital to Brasília under Juscelino Kubitschek and the design by Oscar Niemeyer.