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A consequence of that liberal revolution was approval of the 1822
Constitution, that constitutes the first great step towards the
universal suffrage in our country. It was based on the liberal principles
of that time: democratic and representative principles, the separation
of powers, judicial equality and respect for personal rights. The
State was organized as follows:
The 1822 CONSTITUTION
(Fundamental law of the country. Everybody obligated to
obey.)
Sources:
- French constitutions of 1791, 93, 95.
- Spanish constitution (Cádis) of 1812.
Principles
Fundamentals:
- Individual rights and duties.
- National sovereignty residing in the Nation.
- Independency of the three powers: legislative, executive
and judicial.
- Supremacy of the Legislative Courts
- Defense of Monarchy, with reduction of the king's powers.
- Royal Union with Brazil.
- Absence of religious freedom.
Aim:
- Abolish the old society and absolutism.
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In 1826, D. João VI dies. His successor, who was Emperor
of Brazil, with the title of D. Pedro IV, grants, then, the Constitutional
Charter. Under this General Courts, composed of the Chamber
of Peers and a Chamber of Deputies, are established. Some time later,
D. Pedro abdicates in favour of his daughter, the future Queen D.
Maria II.
The Constitutional Charter authorized, as representatives of the
Nation, the king and the General Courts and searched for a compromise
between the liberal ideals expressed in the previous Constitution
and the monarchic tradition.
CONSTITUTIONAL CHARTER OF 1826
(Fundamental law of the country. Everybody obligated to
obey.)
Sources:
- French Constitution of 1814.
- Brazilian Constitution of 1824.
- British tradition.
Principles
Fundamentals:
- Existence of four powers: legislative, moderator, executive
and judicial
- Moderator power aiming to balance the other powers.
- King's supremacy in the context of the powers of state.
- Individual rights and duties, with guarantees for the
hereditary nobility and their privileges.
- Absence of religious freedom
Aim:
- Conciliate the Old Regime and Liberalism.
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