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President of Brazil

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President of Brazil
Brazilian Presidential Standard
since 01 January 2003
ResidencePalácio da Alvorada
Term lengthFour years, renewable once
Inaugural holderDeodoro da Fonseca
Formation15 November 1889
Websitepresidencia.gov.br
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The president of Brazil is both the head of state and head of government of the Federative Republic of Brazil. The presidential system was established in 1889, upon the proclamation of the republic in a military coup d'état against the Emperor Pedro II. Since then, Brazil had six constitutions, two dictatorships and three democratic periods. During these democratic periods, voting has always been compulsory.

The current president is Luiz Inácio Lula da Silva from the Partido dos Trabalhadores (Workers' Party), elected in 2002 for the 2003–2006 term and then re-elected for the 2007–2010 term. He received the largest number of votes amongst all the elected presidents of Brazil up to this moment, scoring 56.7 million votes in the 2002 presidential elections and 58.2 million votes in the 2006 presidential elections. The run-off of the last presidential election took place on October 31, 2010, when Dilma Rousseff was elected the first woman to lead Brazil in its history.

General description

The Brazilian Constitution of 1988, along with several constitutional amendments, establishes the requirements, powers, and responsibilities of the president, as well as the term of office and method of election.[citation needed]

Duties and powers

As a presidential republic, Brazil grants significant powers to the President. He or she effectively controls the government, represents the country abroad, and appoints the Cabinet and, with the approval of the Senate, the judges for the Supreme Federal Tribunal. The president is also the Commander-in-Chief of the armed forces.

Presidents in Brazil also have significant lawmaking powers, exercised either by proposing laws to the National Congress, or else 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 create new taxes, to change criminal law, electoral law, etc.). 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. 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 sooner, if rejected by one of the Houses of Congress.[1].

Article 84 of the current Constitution, determines that the President has the exclusive 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;
  3. start the legislative procedure, in the manner and in the cases set forth in the Constitution;
  4. sanction, promulgate and order the publication of laws, as well as to issue decrees and regulations for the true enforcement thereof;
  5. veto bills, wholly or in part;
  6. provide, by means of decree, on organization and structure of federal administration, in the cases where there is neither increase of expenses nor creation or extinction of public agencies; and extinction of offices or positions, when vacant;
  7. maintain relations with foreign States and to accredit their diplomatic representatives;
  8. conclude international treaties, conventions and acts, subject to the ratification of the National Congress;
  9. decree the state of defense and the state of siege, in accordance with the constitional procedures that shall precede and authorize those emergency decrees;
  10. decree and enforce federal intervention, in accordance with the constitutional procedures that shall precede and authorize such exceptional action;
  11. 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;
  12. grant pardons and reduce sentences, after hearing the entities instituted by law, if necessary;
  13. 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;
  14. appoint, after approval by the Senate, the Justices of the Supreme Federal Court and those of the superior courts, the Governors of the territories, the Attorney-General of the Republic, the President and the Directors of the Central Bank and other civil servants, when established by law;
  15. appoint, with due regard for the provisions of article 73, the Justices of the Federal Court of Accounts;
  16. appoint judges in the events established by this Constitution and the Advocate-General of the Union;
  17. appoint members of the Council of the Republic, in accordance with article 89, VII;
  18. summon and preside over the Council of the Republic and the National Defense Council;
  19. 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;
  20. make peace, authorized or confirmed by the National Congress;
  21. award decorations and honorary distinctions;
  22. permit, in the cases set forth by supplementary law, foreign forces to pass through the national territory, or to remain temporarily therein;
  23. submit to the National Congress the pluriannual plan, the bill of budgetary directives and the budget proposals set forth in this Constitution;
  24. render, each year, accounts to the National Congress concerning the previous fiscal year, within sixty days of the opening of the legislative session;
  25. fill and abolish federal government positions, as set forth by law;
  26. issue provisional measures, with force of law, according to article 62;
  27. perform other duties set forth in the Constitution.

Requirements to hold office

According to the 1988 Constitution, the president must be a native-born citizen of Brazil, be at least 35 years of age, be a resident in Brazil, be an elector, have all the electoral rights, and be inscribed in a political party (write-in candidates are forbidden).

Term of office

Currently the president serves his second four-year term without the possibility of reelection for another term sequentially. The reelection for executive posts has existed since 1997, when the Amendment nº 16 was passed.

Privileges of office

While in office, the president is entitled to use the official residences. The Palácio da Alvorada is used as the main residence, the Granja do Torto as a weekend retreat in the Capital, the Palácio Rio Negro as a retreat in Rio de Janeiro, and the Palácio do Planalto as his workplace.

The president is also entitled a personal staff, consisting of medical and security personnel, secretaries and assistants. Furthermore, the president has at his disposal two custom-built aircraft, including the Brazilian Air Force One – designed to allow the president to fully conduct his duties from the air, along with helicopters and official vehicles.

Former presidents

As of December 2009, there are four living former presidents. The most recent deceased president was João Figueiredo (1918-1999).

Name Term of office Date of birth
José Sarney 1985–1990 24 April 1930
Fernando Collor 1990–1992 12 August 1949
Itamar Franco 1992–1995 28 June 1930
Fernando Henrique Cardoso 1995–2003 18 June 1931

The following privileges are guaranteed to former Presidents by law:

  • Life-long pension (equivalent to the salary of the ministers of the Supreme Federal Tribunal)
  • Permanent security protection (by the Presidential Guard – Batalhão da Guarda Presidencial)
  • The use of two official vehicles (for life)
  • Repository funding for a Presidential library
  • Life-long monthly pension for widows and daughters of ex-presidents

Office-holders

Main article: List of Presidents of Brazil

Latest election

Template:Brazilian presidential election, 2010

See also

References

  1. ^ Constitution of the Federative Republic of Brazil, art. 62 as amended by Constitutional Amendment n. 32
  • "Galeria dos Presidentes — informações históricas" (in Portuguese). Presidência da República. Retrieved 2007-04-25.
  • "Federal Constitution of 1988" (in Portuguese). Presidência da República. Retrieved 2007-04-25.
  • "New Air Force One for President Lula". MercoPress. Retrieved 2006-07-06.
  • "Centro de Informação de Acervos dos Presidentes da República" (in Portuguese). Arquivo Nacional. Archived from the original on 2007-04-03. Retrieved 2007-04-25.

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