The Federal Constitution turns 36 this Saturday (5). The set of fundamental laws that organize the functioning of the State since 1988 is also known as the Citizen Constitution, as it included improvements related to fundamental rights. Drafted by a Constituent Assembly, it was officially promulgated on October 5th.
On the eve of municipal elections, the anniversary of the Constitution is a significant date as it marks the restructuring of the document that governs the Brazilian State, with important updates such as political rights, such as secret voting, free expression of thought and religious freedom .
For professor at the Federal University of Paraíba (UFPB) and specialist in constitutional law Rodrigo Portela Gomes, elections are one of the instruments available to maintain the political legitimacy of the Constitution and a resource for expressing popular interest.
According to Gomes, the fundamental rights provided for in the Constitution are the basis of the electoral system.
“Elections are fundamental to the maintenance of democracy and, consequently, they are fundamental to the maintenance of the Constitution. The electoral system is a mechanism for us to exercise these political rights. It is a structure with procedures, with acts, norms and institutions.”
The Constitution also marks the establishment of citizens’ political rights.
“In article 14, we have the basis of how elections exist, which are the exercise of our political rights and confer legitimacy for the exercise of elective mandates. If there is a provision in the Constitution that the Legislative Power will be exercised from the elective mandate, it is because there is the exercise of a political right that gives the parliamentarian legitimacy, because he was voted for.”
Rules for the electoral process
The Constitution, associated with other laws and norms, establishes rules for the electoral process. Among them, the possibility of a second round and strengthening security in local elections through federal forces.
The constitutional text also defines that voting is mandatory for people over 18 years of age and optional for those who are illiterate, people over 70 years of age and young people aged 16 to 17 years and 9 months.
The 1988 Constitution also establishes eligibility conditions. Among them, having Brazilian nationality, being in full exercise of political rights and having party affiliation.
The minimum ages for assuming office were defined by the constituents as follows: 35 years for president and vice-president of the Republic and senator; 30 years for governor and vice-governor of the state and Federal District; 21 years for federal deputy, state or district deputy, mayor, vice-mayor and justice of the peace; and 18 years for councilor.
The Federal Constitution also defines duties for municipal authorities competing in this Sunday’s elections.
THE Education is everyone’s right and the duty of the State and the family. According to Article 211, federal, state and municipal education systems must organize themselves on a collaborative basis.
Municipalities must act primarily in elementary education and early childhood education, which includes daycare centers (which serve babies and children up to 3 years old) and preschools (4 and 5 years old). The Constitution establishes that city halls allocate at least 25% of their revenue to education.
Promoting housing policies is also a constitutional duty of municipalitiesas determined by Article 23 of the Brazilian Constitution.
To learn more about your rights and municipal public policies, Check out our election special here.
*Intern under the supervision of Juliana Cézar Nunes
