Brazilian Constitution of 1824

Experience has shown us that all the Constitutions, which, in the manner of 1791 and 1792, have laid their foundations and have tried to organize themselves, are totally theoretical and metaphysical, and therefore unfeasible: so proves France, Spain and, lately, Portugal.

One of them, Andrade de Lima, a deputy for Pernambuco, clearly expressed his displeasure, claiming that the monarch's phrase had been "ambiguous", in the sense that it seemed the emperor was implying the Assembly could draft an unworthy Constitution.

And finally, the "federalist liberals", who counted on both Brazilians and Portuguese in their ranks, and who preached a merely figurative and decentralized monarchy, federal if possible, together with the maintenance of slavery, in addition to vehemently fighting the projects of the bonifácios.

[8] The draft of the 1823 Constitution was written by Antônio Carlos Ribeiro de Andrada, who was strongly influenced by the French and Norwegian Charters.

[13] In theory, Pedro I, wanted, on the other hand, to maintain political and executive control through the veto, initiating a disagreement between constituents with different points of view.

Since the beginning of the legislative work, the federalist liberals had as their main intention to overthrow the ministry presided over by José Bonifácio at any cost and to take revenge for the persecutions they suffered during the previous year.

[7] The liberals and the Portuguese enticed:[15] the disaffected by the Andrada brothers, whose closeness with the Emperor aroused envy and whose haughty, sometimes rude, made many squeamish and wounded many vanities.

[17] The Andrada brothers, who on August 12 had launched their own newspaper, O Tamoyo,[17][16] took the opportunity to claim that the aggression suffered by the apothecary was in fact an attack on the honor of Brazil and the Brazilian people.

[17][19] Pedro I held the fidelity of the officers, who felt attacked by the insults directed at themselves and the emperor by the newspapers allied to the Andrada brothers and demanded their punishment.

The Minister of the Empire, Francisco Vilela Barbosa, representing the government, claimed that the positioning of the troops was to avoid fights and misunderstandings.

[17] The new Chief Minister also told those present that the blame for the way things were unfolding lay with the Andrada brothers and the newspapers involved with what was happening.

[17] But the next day, when Vilela Barbosa returned to the Assembly to explain the troops meeting, some deputies shouted demanding that Pedro I be declared an "outlaw".

He then gathered ten citizens of his complete trust, belonging to the Portuguese Party, among them the distinguished João Gomes da Silveira Mendonça, the Marquis of Sabará.

After some discussions behind closed doors, they drafted the first constitution of Brazil on 25 March 1824, being written by the archivist of the royal libraries, Luís Joaquim dos Santos Marrocos.

The Portuguese proposed to Pedro I that he send the Andrada brothers to Portugal because there they would most likely be sentenced to death for their participation in Brazilian independence, asking for the emperor's consent, who vehemently refused.

[22] Despite Pedro I's apprehension about the possibility of becoming a null figure in the country's government and his demonstration of discontent, it was not the main reason for the closure of the Constituent Assembly.

[8] The emperor, for this reason, instructed the Council of State, created on 13 November 1823 to write a new draft Constitution that would be finalized in just fifteen days.

[26][27] Subsequently, the municipal councils, composed of councilors elected by the Brazilian people as their representatives, voted in favor of its adoption as the Constitution of independent Brazil.

[30] The first Brazilian Constitution was then issued by Pedro I and solemnly sworn in at the Cathedral of the Rio de Janeiro, by the emperor, his wife, Leopoldina of Austria, and the other authorities, on 25 March 1824.

[35] It was more liberal, in several points,[11] and less centralized than the Assembly's draft,[10] revealing that the "constituent deputies of the first reign were perfectly up to date with the ideas of the time".

[25] Isabel Lustosa says that "according to [Neill] Macaulay, Pedro I provided an unusual Charter, under which Brazil safeguarded for more than 65 years the basic rights of citizens better 'than any other nation in the Western Hemisphere, with the possible exception of the United States'".

Cover of the draft made by the Constituent Assembly, Brazilian National Archives
Oath of emperor Pedro I to the Constitution of the Empire, Brazilian National Archives
"Pedro I and the Constitution - fight against despotism". Allegory to the oath of the Brazilian Constitution of 1824