Brazilian Constitutional Fundamentals: Sovereignty and Democracy

Fundamentals of the Federative Republic of Brazil

The following comments address the fundamental principles of the Federative Republic of Brazil, as expressed in relevant constitutional articles:

Core Constitutional Principles

• Sovereignty

  Sovereignty is the power to organize its laws and rules and enforce the universality (the extent) of its decisions within its territory. This power must remain within the limits of ethical living and must not be subjected to any foreign power. Diplomatic, trade, financial, and cultural relations with other states recognize this sovereignty and power within the boundaries and limits of its territory. International recognition is important for the existence of a state.

• Citizenship and Political Rights

  Citizenship is the status of Brazilian nationality enhanced by political rights. This includes the right to participate in the political process, either as candidates for government positions or as electors of the rulers. The Constitution itself provides for the few cases that result in the loss or suspension of political rights.

• Social Work Values

  Social Work Values encompass all rights that ensure the practice of a profession is carried out with dignity. These include the obligation to pay a fair wage and provide minimum conditions for survival and professional development activity. The Constitution addresses this subject primarily in Articles 6 to 11, among other scattered provisions within its body.

• Free Enterprise

  Free Enterprise means that individuals have full freedom to develop projects of every kind and to own assets (such as land, businesses, etc.), provided they comply with existing standards. This principle reserves the right for the State to regulate business and professional activities, establishing obligations, penalties, and other necessary controls.

State Power and Democratic Participation

The Constitution states that the sole source of state power is the people. The people exercise this power indirectly through their representatives (Members of Parliament or Congress) or directly and universally via direct and secret ballot, without economic or social restrictions (with the exception of illiterate individuals, soldiers, or recruits).

Voting Requirements and Exceptions

The Constitution provides that citizens over sixteen and under eighteen years old can vote but cannot be elected. Furthermore, voting is not mandatory for this age group, nor is it mandatory for citizens over sixty-five years old.

Direct Mechanisms of Power

There is also the possibility for the people to exercise power directly to decide on certain matters proposed through specific mechanisms:

• Referendum
• Plebiscite
• Popular Initiative

The presence of both direct and indirect mechanisms of participation in government and state decisions defines the political system of Brazil as a semidirect representative democracy.