Portal de Periódicos da CAPES

A Constituição de 1824

2024; Brazilian Historic and Geographic Institute; Volume: 185; Issue: 496 Linguagem: Inglês

10.23927/revihgb.v.185.n.496.2024.217

2526-1347

Arno Wehling,

Brazilian Legal Issues

Brazilian constitutionalism was similar in many aspects, in the diferent projects presented in the country, to European and North America ones. In this way, there were many symmetries, from the philosophical and scientific background of a world governed by natural laws, to the idea of a social contract, the affirmation of rights, the abolition of the Societé des Ordres and the organization of the State. There were, however, singularities or Brazilian adaptations. Such as the concept of political representation shared between the Nation and the Emperor and the proposal of a “Poder Moderador”. In the Constitution of 1824, a model of moderate monarchy prevailed, without republicanism nor a return to the Old Regime. It was a compromisse solution that considered three of the challenges faced at the time of Independence: slavery, large estates and foreign dependance.