Government & Politics
The Brazilian Federation is based on the indissoluble association of three autonomous political entities: the States, the Municipalities and the Federal District. A fourth entity originated in the aforementioned association: the Union. There is no hierarchy among the political entities. The Federation is set on six fundamental principles: sovereignty, citizenship, dignity of the people, social value of labor, freedom of enterprise, and political pluralism. The classic tripartite division of power, encompassing the Executive, Legislative and Judiciary branches under the checks and balances system, is formally established by the Constitution. The Executive and Legislative are organized independently in all four political entities, while the Judiciary is organized only in the Federal and State levels.
All members of the executive and legislative branches are elected by direct suffrage. Judges and other judicial authorities are appointed after passing entry exams. Voting is compulsory for those aged 18 or older. Four political parties stand out among several small ones: Workers' Party (PT), Brazilian Social Democracy Party (PSDB), Brazilian Democratic Movement Party (PMDB), and Democrats (formerly Liberal Front Party - PFL). Practically all governmental and administrative functions are exercised by authorities and agencies affiliated with the Executive. The form of government is Republican and democratic, and the system of government is Presidential. The President is Head of State and Head of Government of the Union and is elected for a four-year term, with the possibility of re-election for a second successive term. Currently the President of Brazil is Luiz Inácio Lula da Silva. He was elected on October 27, 2002, and re-elected on October 29, 2006.The President appoints the Ministers of State, who assist in governing. Legislative houses in each political entity are the main source of laws in Brazil. The National Congress is the Federation’s bicameral legislature, consisting of the Chamber of Deputies and the Federal Senate. Judiciary authorities exercise jurisdictional duties almost exclusively.
Foreign Relations
Brazil is a significant political and economical power in Latin America, but deep-seated social and economic problems have kept it from realizing its goal of becoming a truly global leader.
Between World War II and 1990, both democratic and military governments sought to expand Brazil's influence in the world by pursuing a state-led industrial policy and an independent foreign policy. Brazilian foreign policy has recently aimed to strengthen ties with other South American countries, engage in multilateral diplomacy through the United Nations and the Organization of American States, and act at times as a countervailing force to U.S. political and economic influence in Latin America.
Brazil's foreign policy is a byproduct of the country's unique position as a regional power in Latin America, a leader among developing countries, and an emerging world power. Brazilian foreign policy has generally been based on the principles of multilateralism, peaceful dispute settlement, and nonintervention in the affairs of other countries. Brazil engages in multilateral diplomacy through the Organization of American States and the United Nations, and has increased ties with developing countries in Africa and Asia. Brazil is currently commanding a multinational U.N. stabilization force in Haiti, the MINUSTAH. Instead of pursuing unilateral prerogatives, Brazilian foreign policy has tended to emphasize regional integration, first through the Southern Cone Common Market (Mercosul) and now the Union of South American Nations.
Brazil's political, business, and military ventures are complemented by the country's trade policy. In Brazil, the Ministry of Foreign Relations continues to dominate trade policy, causing the country's commercial interests to be (at times) subsumed by a larger foreign policy goal, namely, enhancing Brazil's influence in Latin America and the world. For example, while concluding meaningful trade agreements with developed countries (such as the United States and the European Union) would probably be beneficial to Brazil's long-term economic self-interest, the Brazilian government has instead prioritized its leadership role within Mercosul and expanded trade ties with countries in Africa, Asia and the Middle East.
Relations between the United States and Brazil are characterized as fairly warm and friendly. The United States has increasingly regarded Brazil as a significant power, especially in its role as a stabilizing force and skillful interlocutor in Latin America. U.S. officials tend to describe Brazil, similar to Chile, as a friendly country that shares the U.S. commitment to democratic practices and prudent macroeconomic policies.
Although they share common goals for regional stability, Brazil's independent approach to foreign policy has led to periodic disputes with the United States on trade and political issues, including Brazil's vocal opposition to the war in Iraq. Despite these disagreements, Brazil and the United States have worked closely on a wide range of bilateral and regional issues. In addition to trade matters, these issues include counter-narcotic and terrorism, energy security, human rights protection, environmental issues and HIV/AIDS. Brazilian and U.S. officials recently signed an agreement on ethanol and technology development.
Brazil is a charter member of the United Nations and participates in many of its specialized agencies. It has contributed troops to UN peacekeeping efforts in the Middle East, the former Belgian Congo, Cyprus, Mozambique, Angola, and more recently East Timor and Haiti. Brazil has been a member of the UN Security Council nine times, most recently 2004-2005.
Brazil is currently seeking a permanent seat on the United Nations Security Council. It is a member of the G4, an organization of Brazil, Germany, Japan, and India, all nations who are currently seeking permanent representation. According to their plan the UN Security Council would be expanded beyond the current fifteen members to include twenty-five members. This would be the first time that permanent status has been extended to a South American nation and supporters of the G4 plan suggest that this will lead to greater representation of developing nations rather than the current major powers.
Law
Brazilian Law is based on Roman-Germanic traditions. Thus, civil law concepts prevail over common law practices. Most of Brazilian law is codified, although non-codified statutes also represent a substantial part of the system, playing a complementary role. Court decisions set out interpretation guidelines; however, they are not binding towards other specific cases but in very few exceptional situations. Doctrinal works and comments of legal academic pundits have strong influence in law creation and in legal cases.
The Federal Constitution, promulgated on October 5, 1988, is the fundamental law of Brazil and it rules the system. All other legislation and court decisions must conform to its rules. As of April 2007, it has been through 53 Amendments. States also adopt their own Constitutions, but they must also not contradict the Federal Constitution. Municipalities and the Federal District do not have their own Constitutions; instead, they adopt "organic laws" (leis orgânicas). Legislative entities are the main source of statutes, although in certain matters judiciary and executive bodies may also enact legal norms.
Jurisdiction is administered by the judiciary entities, although in rare cases, the Federal Constitution allows the Federal Senate to pass on legal judgments. There are also specialized military, labor, and electoral courts. The highest court is the Supreme Federal Tribunal. This system has met criticism over the last decades in relation to the slow pace at which final decisions are issued. Lawsuits on appeal may take several years to resolve, and in some cases more than a decade to see definitive rulings.
