The Moderating power (Portuguese: Poder moderador) in the Empire of Brazil was the fourth state branch instituted by the 1824 Brazilian Constitution alongside the Executive, Legislative and Judiciary.
This fourth branch, exclusively exercised by the emperor, served as a "mechanism for absorbing the attrition between the legislative and executive branches"[1] and in its role as "keeper of the balance", it granted emperor Pedro II throughout his reign "that situation of primacy which he exercised with so much pleasure and peace".
Galvão Sousa argued that, thanks to the Moderating Power, Brazil was able to "open a valve through which it could escape parliamentary anarchy".
[4] According to historian João Camilo Torres, the reason for the existence of the Moderating Power was due to the fact that "the monarch, due to dynastic continuity, not being part of groups, classes, nor having regional connections, owing his power to parties or economic groups, having electoral promises to keep, not needing to 'think ahead' – as the future of his family will be guaranteed if peace and national grandeur are preserved – since he is not subject to the temptation to avail himself of a quick passage through his government to take personal benefits and advantages at the expense of the nation, leaving the burden to his successors", as his "successor is his own son, and History often charges grandchildren with crimes committed by their grandparents".
Such prerogatives, which were listed in Article 101, were identical, for the most part, to the attributions reserved for current monarchs, such as: The other prerogatives were: to suspend magistrates for complaints against their persons, but only after holding a hearing with them, collecting all pertinent information and listening to the Council of State; approving or suspending the resolutions of Provincial Councils (as the State Chambers of Deputies were called) and nominating senators through a list of the three candidates with the most popular votes.