President of Brazil

Last updated

President of the Federative Republic of Brazil
Presidente da República Federativa do Brasil
Coat of arms of Brazil.svg
Presidential Standard of Brazil.svg
Presidente Jair Messias Bolsonaro.jpg
Incumbent
Jair Bolsonaro

since 1 January 2019
Federal government of Brazil
Style Mr. President or even simply President
(informal)
Most Excellent Mr. President of the Republic
(formal)
His Excellency
(alternative formal, diplomatic)
Status Head of State
Head of Government
Member of Cabinet
National Defense Council
Residence Palácio da Alvorada
Seat Brasília
Nominator Political Party
Appointer National Congress of Brazil
Term length Four years
Renewable once
Constituting instrument Constitution of Brazil
Inaugural holder Deodoro da Fonseca
Formation Proclamation of the Republic
November 15, 1889
Deputy Vice President of Brazil
Salary R$ 402,151 annually [1]
Website planalto.gov.br

Coat of arms of Brazil.svg
This article is part of a series on the
politics and government of
Brazil
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The President of Brazil (Portuguese : Presidente do Brasil), officially the President of the Federative Republic of Brazil (Portuguese : Presidente da República Federativa do Brasil) or simply the President of the Republic, is both the head of state and the head of government of Brazil. The president leads the executive branch of the federal government and is the commander-in-chief of the Brazilian Armed Forces. The presidential system was established in 1889, upon the proclamation of the republic in a military coup d'état against Emperor Pedro II. Since then, Brazil has had six constitutions, three dictatorships, and three democratic periods. During the democratic periods, voting has always been compulsory. The Constitution of Brazil, along with several constitutional amendments, establishes the requirements, powers, and responsibilities of the president, their term of office and the method of election. [2]

Portuguese language Romance language that originated in Portugal

Portuguese is a Western Romance language originating in the Iberian Peninsula. It is the sole official language of Portugal, Brazil, Cape Verde, Guinea-Bissau, Mozambique, Angola, and São Tomé and Príncipe. It also has co-official language status in East Timor, Equatorial Guinea and Macau in China. As the result of expansion during colonial times, a cultural presence of Portuguese and Portuguese creole speakers are also found in Goa, Daman and Diu in India; in Batticaloa on the east coast of Sri Lanka; in the Indonesian island of Flores; in the Malacca state of Malaysia; and the ABC islands in the Caribbean where Papiamento is spoken, while Cape Verdean Creole is the most widely spoken Portuguese-based Creole. A Portuguese-speaking person or nation may be referred to as "Lusophone" in both English and Portuguese.

A head of state is the public persona who officially represents the national unity and legitimacy of a sovereign state. Depending on the country's form of government and separation of powers, the head of state may be a ceremonial figurehead or concurrently the head of government. In a parliamentary system the head of state is the de jure leader of the nation, and there is a separate de facto leader, often with the title of prime minister. In contrast, a semi-presidential system has both heads of state and government as the leaders de facto of the nation.

Head of government is a generic term used for either the highest or second highest official in the executive branch of a sovereign state, a federated state, or a self-governing colony, who often presides over a cabinet, a group of ministers or secretaries who lead executive departments. The term "head of government" is often differentiated from the term "head of state", as they may be separate positions, individuals, or roles depending on the country.

Contents

Jair Bolsonaro is the 38th and current President. He was sworn in on 1 January 2019 following the 2018 presidential election. [3]

Jair Bolsonaro 38th President of Brazil

Jair Messias Bolsonaro is a Brazilian politician and retired military officer, currently serving as the 38th President of Brazil since 1 January 2019. He served in the country's Chamber of Deputies, representing the state of Rio de Janeiro, between 1991 and 2018. He currently is a member of the conservative Social Liberal Party.

2018 Brazilian general election

General elections were held in Brazil on 7 October 2018 to elect the President, Vice President and the National Congress. Elections for state governors and vice governors, state legislative assemblies and the Legislative Chamber of the Federal District were held at the same time.

Constitutional powers

As a republic with a presidential executive, Brazil grants significant powers to the president, who effectively controls the executive branch, represents the country abroad, and appoints the cabinet and, with the approval of the Senate, the judges for the Supreme Federal Court. The president is also the commander-in-chief of the armed forces.

Cabinet of Brazil consist of the ministers, who lead the Brazilian government

The Cabinet of Brazil is composed of the Ministers of State and senior advisors of the executive branch of the federal government of Brazil. Cabinet officers are appointed and dismissed by the President. There are currently twenty-two Ministries, including six Ministry-level offices: the Chief of Staff, Secretary of Government, General-Secretary of the Presidency, Institutional Security, Attorney General, and President of the Central Bank.

Federal Senate upper house of the National Congress of Brazil

The Federal Senate is the upper house of the National Congress of Brazil. Created by the first Constitution of the Brazilian Empire in 1824, it was initially similar to the United Kingdom's House of Lords. Since the Proclamation of the Republic in 1889 the Federal Senate has resembled the United States Senate.

Supreme Federal Court Brazilian supreme court

The Supreme Federal Court is the supreme court of Brazil, serving primarily as the Constitutional Court of the country. It is the highest court of law in Brazil for constitutional issues and its rulings cannot be appealed. On questions involving exclusively non-constitutional issues, regarding federal laws, the highest court is, by rule, the Superior Court of Justice.

Presidents in Brazil have significant lawmaking powers, exercised either by proposing laws to the National Congress or by using Medidas Provisórias (provisional measures), an instrument with the force of law that the president can enact in cases of urgency and necessity except to make changes to some areas of law (provisional measures cannot be used to change criminal law or electoral law). A provisional measure comes into effect immediately, before Congress votes on it, and remains in force for up to 60 days unless Congress votes to rescind it. The 60-day period can be extended once, up to 120 days. If Congress, on the other hand, votes to approve the provisional measure, it becomes an actual law, with changes decided by the legislative branch. The provisional measure expires at the end of the 60-day period (or the 120-day, in the case of extension), or sooner, if rejected by one of the Houses of Congress. [4]

National Congress of Brazil Congres of Brasil

The National Congress of Brazil is the legislative body of Brazil's federal government. Unlike the state Legislative Assemblies and Municipal Chambers, the Congress is bicameral, composed of the Federal Senate and the Chamber of Deputies. The Congress meets annually in Brasília, from 2 February to 27 July and from 1 August to 22 December.

A provisional measure is a legal act in Brazil through which the President of Brazil can enact laws effective for a maximum of 120 days, without approval by the National Congress. There are two requirements for a provisional measure to be used: urgency and relevance of the matter to be regulated.

Article 84 of the current Federal Constitution, determines that the president has the power to

  1. appoint and dismiss the ministers of state;
  2. exercise, with the assistance of the ministers of state, the higher management of the federal administration
  1. start the legislative procedure, in the manner and in the cases set forth in the constitution;
  2. sanction, promulgate and order the publication of laws, and issue decrees and regulations for the true enforcement thereof;
  3. veto bills, wholly or in part;
  4. provide, by means of decree, on organization and structure of federal administration if there is neither increase of expenses nor creation or extinction of public agencies; and extinction of offices or positions, when vacant;
  5. maintain relations with foreign States and to accredit their diplomatic representatives;
  6. conclude international treaties, conventions and acts, subject to the ratification of the National Congress of Brazil;
  7. decree the state of defense and the state of siege, in accordance with the constitutional procedures that precede and authorize those emergency decrees;
  8. decree and enforce federal intervention, in accordance with the constitutional procedures that precede and authorize such exceptional action;
  9. upon the opening of the legislative session, send a government message and plan to the National Congress, describing the state of the nation and requesting the actions he deems necessary;
  10. grant pardons and reduce sentences, after hearing the entities instituted by law, if necessary;
  11. exercise the supreme command of the armed forces, appoint the commanders of navy, army and air force, promote general officers and to appoint them to the offices held exclusively by them;
  12. appoint, after approval by the Federal Senate, the Justices of the Supreme Federal Court and those of the superior courts, the Governors of the territories, the Prosecutor General of the Republic, the president and the directors of the Central Bank and other civil servants, when established by law;
  13. appoint, with due regard for the provisions of Article 73, the Justices of the Court of Accounts of the Union;
  14. appoint judges in the events established by this constitution and the Attorney General of the Union;
  15. appoint members of the Council of the Republic, in accordance with article 89, VII;
  16. summon and preside over the Council of the Republic and the National Defense Council;
  17. declare war, in the event of foreign aggression, authorized by the National Congress or confirmed by it, whenever it occurs between legislative sessions and, under the same conditions, to decree full or partial national mobilization;
  18. make peace, authorized or confirmed by the National Congress;
  19. award decorations and honorary distinctions;
  20. permit, in the cases set forth by supplementary law, foreign forces to pass through the national territory, or to remain temporarily therein;
  21. submit to the National Congress the pluriannual plan, the bill of budgetary directives and the budget proposals set forth in this constitution;
  22. render, each year, accounts to the National Congress concerning the previous fiscal year, within sixty days of the opening of the legislative session;
  23. fill and abolish federal government positions, as set forth by law;
  24. issue provisional measures, with force of law, according to Article 62;
  25. perform other duties set forth in the constitution.

Election

Requirements

The Constitution of Brazil requires that a President be a native-born citizen of Brazil, at least 35 years of age, a resident of Brazil, in full exercise of their electoral rights, a registered voter, and a member of a political party (write-in or independent candidates are prohibited). [5]

Constitution of Brazil

The Constitution of the Federative Republic of Brazil is the supreme law of Brazil. It is the foundation and source of the legal authority underlying the existence of Brazil and the federal government of Brazil. It provides the framework for the organization of the Brazilian government and for the relationship of the federal government to the states, to citizens, and to all people within Brazil.

Term limits

The president of Brazil serves for a term of four years, [6] and may be reelected for a single consecutive term. [7] This two-term limit, however, is not for life—a former President who has served for two consecutive terms may, at a later time, run again for office, as long as at least one term has elapsed.

A vice president or other officer who succeeds to the presidency or who serves, albeit briefly, as acting president during a certain presidential term may subsequently be elected or reelected to the presidency only once, as the consecutive term limit already applies. [7] In practice, Brazilian vice-presidents almost always serve as acting president at some point during a presidential term, given that, according to the Constitution, the vice-president becomes acting president during the president's travels abroad.

Running for other offices

A sitting president (or governor or mayor) who wishes to run for a different office, regardless of the intended jurisdiction or branch of government, must resign from office at least six months before election day. [8]

History

The current term of four years was established by the 5th Amendment to the Constitution, in 1994, and the possibility of reelection by the 16th Amendment, in 1997. Before that, Presidents had been barred from immediate reelection for all of Brazil's republican history, with the single exception of the latter half of the Vargas Era, from 1937 to 1945. The office was limited to men until the 1937 Constitution.

Compensation and privileges of office

Presidential styles of
Jair Messias Bolsonaro
Presidential Standard of Brazil.svg
Reference style Excelentíssimo Senhor Presidente da República
"The Most Excellent Mr. President of the Republic"
Spoken styleVossa Excelência
"Your Excellency"
Alternative styleSenhor Presidente or Presidente
"Mr. President" or "President" [9]

As of 2015, [10] the president receives a monthly salary of R$30,934.70, [1] along with an undisclosed expense account to cover travel, goods and services while in office. [11] Given that in Brazil all private and public sector employees and civil servants receive an additional compensation equivalent to one monthly salary after a year of work (this compensation is known as the thirteenth salary), the President receives 13 payments per year, resulting in an annual salary of R$402,151.10.

The Palácio do Planalto in Brasília is the official workplace of the President and the Palácio da Alvorada their official residence; he or she is entitled to use its staff and facilities. [12] [13] The Residência Oficial do Torto , popularly known as Granja do Torto, is a ranch located on the outskirts of the capital and is used as a country retreat by the president. [14] The Palácio Rio Negro in Petrópolis, Rio de Janeiro, is a summer retreat of the president, although used rarely. [15]

In addition, the presidency of the republic also maintains the Jaburu Palace in Brasília for use by the Vice President of the Republic as his or her official residence.

In the 2000s, the federal government decided to establish Regional Offices of the Presidency of the Republic in certain key Brazilian cities. Those regional offices are not presidential residences, but they are fully staffed offices ready to receive the president and his ministers at any time, and they function as a presidential workplace when the President is in those cities. The first regional office of the presidency was established in the city of São Paulo, and is located at the Banco do Brasil building at the Paulista Avenue; the building also houses Banco do Brasil's regional headquarters in São Paulo. The presidency of the republic also maintains regional offices in Porto Alegre and in Belo Horizonte.

For ground travel, the president uses the presidential state car, which is an armored version of the 2011 Ford Fusion Hybrid [16] [17] built on a Ford CD3 platform. A 1952 Rolls Royce Silver Wraith is used by the president on ceremonial occasions, such as Independence Day commemorations, state visits and the inauguration of the president-elect. [18] A modified version of the Airbus A319, air force designation VC-1A, is used to transport the president on all medium and long-range international flights. [19] [20] Two modified Embraer 190 jets, air force designation VC-2, are used for short and medium range presidential travel. [21] When the president is on board, the aircraft receive the call sign "Brazilian Air Force One". [20] Two modified military versions of the Eurocopter Super Puma, air force designation VH-34, are currently used as the main presidential helicopters. [22]

Removal

The President may be removed from office [23] using one of two procedures. In either case, two-thirds of the Chamber of Deputies must accept charges against the officeholder (impeachment); and if the Senate accepts the investigation, the president is suspended from exercising the functions of office for up to 180 days. In the case of "common criminal offenses", a trial then takes place at the Supreme Federal Court. In the case of "crimes of malversation", which must fall into one of seven broad areas and which is defined in more detail in law, a trial takes place at the Federal Senate. During the trial, the vice president exercises executive power. If the trial does not result in a conviction within 180 days, the president resumes office; a conviction results in removal from office and succession by the vice president. The seven areas are: [23]

  1. The existence of the Union
  2. The free exercise of the Legislative Power, the Judicial Power, the Public Prosecution and the constitutional Powers of the units of the Federation
  3. The exercise of political, individual and social rights
  4. The internal security of the country
  5. Probity in the administration
  6. The budgetary law
  7. Compliance with the laws and with court decisions

Post-presidency

The following privileges are guaranteed to former presidents by law:

Office-holders

All presidents of Brazil bore the title President of the Republic. That title has been used by all the constitutions of Brazil since the proclamation of the Republic to refer to the head of the Executive Branch.

However, from the proclamation of the Republic in 1889 until 1937 the country was officially styled Republic of the United States of Brazil, and from 1937 to 1967 the country was styled simply The United States of Brazil, and thus the full title of the Presidents of the Republic from 1891 until 1967—that is, from Deodoro da Fonseca's inauguration as President (between 1889 and 1891 he served as Head of the Provisional Government) until the end of Humberto Castello Branco's term in 1967—was President of the Republic of the United States of Brazil. On 15 March 1967, the country's official name was changed to Federative Republic of Brazil. On that same date, Arthur da Costa e Silva was sworn in as President succeeding Castello Branco. Since Costa e Silva, therefore, all presidents of Brazil have borne the full title of President of the Federative Republic of Brazil.

Presidents by birth state

Bandeira de Minas Gerais.svg  Minas Gerais : 8 (Afonso Pena, Venceslau Brás, Delfim Moreira, Arthur Bernardes, Carlos Luz, Juscelino Kubitschek, Pedro Aleixo, Dilma Rousseff)

Bandeira do Estado de Sao Paulo.svg  São Paulo : 6 (Prudente de Morais, Campos Sales, Rodrigues Alves, Ranieri Mazzilli, Michel Temer, Jair Bolsonaro)

Bandeira do Rio Grande do Sul.svg  Rio Grande do Sul : 6 (Hermes da Fonseca, Getúlio Vargas, João Goulart, Artur da Costa e Silva, Emílio Garrastazu Médici, Ernesto Geisel)

Bandeira do estado do Rio de Janeiro.svg  Rio de Janeiro : 5 (Nilo Peçanha, Washington Luís, João Figueiredo, Fernando Collor de Mello, Fernando Henrique Cardoso)

Bandeira de Alagoas.svg  Alagoas : 2 (Deodoro da Fonseca, Floriano Peixoto)

Bandeira Estado Ceara Brasil.svg  Ceará : 2 (José Linhares, Castelo Branco)

Bandeira da Bahia.svg  Bahia : 1 (Itamar Franco) [24] [25]

Bandeira de Mato Grosso.svg  Mato Grosso : 1 (Eurico Gaspar Dutra)

Bandeira de Mato Grosso do Sul.svg  Mato Grosso do Sul : 1 (Jânio Quadros)

Bandeira do Maranhao.svg  Maranhão : 1 (José Sarney)

Bandeira da Paraiba.svg  Paraíba : 1 (Epitácio Pessoa)

Bandeira de Pernambuco.svg  Pernambuco : 1 (Luiz Inácio Lula da Silva)

Bandeira do Rio Grande do Norte.svg  Rio Grande do Norte : 1 (Café Filho)

Bandeira de Santa Catarina.svg  Santa Catarina : 1 (Nereu Ramos)

Latest election

CandidatePartyRunning matePartyFirst roundSecond round
Votes%Votes%
Jair Bolsonaro PSL Hamilton Mourão PRTB 49,277,01046.0357,796,97255.13
Fernando Haddad PT Manuela d'Ávila PCdoB 31,342,05129.2847,038,79244.87
Ciro Gomes PDT Kátia Abreu PDT 13,344,37112.47
Geraldo Alckmin PSDB Ana Amélia PP 5,096,3504.76
João Amoêdo NOVO Christian Lohbauer NOVO 2,679,7452.50
Cabo Daciolo PATRI Suelene Balduino PATRI 1,348,3231.26
Henrique Meirelles MDB Germano Rigotto MDB 1,288,9501.20
Marina Silva REDE Eduardo Jorge REDE 1,069,5781.00
Álvaro Dias PODE Paulo Rabello de Castro PSC 859,6010.80
Guilherme Boulos PSOL Sônia Guajajara PSOL 617,1220.58
Vera Lúcia PSTU Hertz Dias PSTU 55,7620.05
José Maria Eymael DC Hélvio Costa DC 41,7100.04
João Vicente Goulart PPL Léo Dias PPL 30,1760.03
Invalid/blank votes10,313,1598.7911,094,57010.58
Total117,364,654100.00115,930,334100.00
Registered voters/turnout147,306,29579.67147,306,29478.70
Source: TSE (runoff election at 99.99% of "sections" counted)

See also

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References

  1. 1 2 Portal da Transparência [ permanent dead link ], Ministry of Transparency, Supervision and Control . Retrieved on 29 May 2018. (in Portuguese)
  2. Constitution of the Federative Republic of Brazil, art. 15 and Chapter II
  3. "Right-Wing Populist Jair Bolsonaro Sworn In As President Of Brazil". NPR. January 1, 2019. Retrieved January 1, 2019.
  4. Constitution of the Federative Republic of Brazil, art. 62 as amended by constitutional amendment n. 32
  5. Constitution of the Federative Republic of Brazil, article 14, paragraph 3.
  6. Constitution of the Federative Republic of Brazil, article 82.
  7. 1 2 Constitution of the Federative Republic of Brazil, article 14, paragraph 5.
  8. Constitution of the Federative Republic of Brazil, article 14, paragraph 6.
  9. Official Writing Manual of the Presidency of the Republic. 2nd edition 2002. ISBN   8585142162
  10. Diário da União publica reajuste de salários de parlamentares, presidente e ministros ("Brazilian 'Federal Register' publishes a pay raise for senators, representatives, president and ministries"), Estado de Minas , Belo Horizonte , 19 December 2014. Retrieved on 29 May 2018. (in Portuguese)
  11. Ajuste ainda não chegou aos gastos sigilosos ("Cuts have yet to be made to undisclosed expenses") Archived 14 July 2011 at the Wayback Machine Ministério do Planejamento. Retrieved on 2011-05-27. (in Portuguese)
  12. Palácio do Planalto Archived 21 September 2016 at the Wayback Machine Presidência da República. Retrieved on 2011-05-27. (in Portuguese).
  13. Palácio da Alvorada Archived 13 August 2011 at the Wayback Machine Presidência da República. Retrieved on 2011-05-27. (in Portuguese).
  14. Granja do Torto Archived 13 August 2011 at the Wayback Machine Presidência da República. Retrieved on 2011-05-27. (in Portuguese).
  15. Rio Negro Palace Prefeitura de Petrópolis. Retrieved on 2011-05-27.
  16. Brazilian president receives Ford Fusion Hybrid at São Paulo Auto Show Ford. Retrieved on 2010-11-28.
  17. Recibe Da Silva Ford Fusion Híbrido en Brasil Terra. Retrieved on 2010-11-28. (in Spanish).
  18. Rolls-Royce presidencial é um dos destaques do desfile de 7 de setembro ("Presidential Rolls Royce is one of the highlights of the Independence Day parade") Presidência da República. Retrieved on 2011-05-27. (in Portuguese).
  19. Infográfico especial sobre o avião presidencial ("Special infographic of the presidential airplane") Presidência da República. Retrieved on 2011-05-27. (in Portuguese).
  20. 1 2 FAB 001 – O Avião Presidencial Archived 26 June 2015 at the Wayback Machine DefesaBR. Retrieved on 2011-05-27. (in Portuguese).
  21. Presidência da República nas asas da Embraer ("The Presidency on the wings of Embraer") Presidência da República. Retrieved on 2011-05-27. (in Portuguese).
  22. Helicóptero Presidencial Brasileiro (VH-34 Super Puma VIP) ("Brazilian Presidential Helicopter (VH-34 Super Puma VIP))" [ permanent dead link ] Hangar20. Retrieved on 2011-05-27. (in Portuguese).
  23. 1 2 Constitution of the Federative Republic of Brazil 1988 - SECTION III - LIABILITY OF THE PRESIDENT OF THE REPUBLIC (English translation)
  24. Born in a ship at the sea, was registered in Salvador.
  25. http://www.biblioteca.presidencia.gov.br/presidencia/presidencia/ex-presidentes/itamar-franco