Constitutionalism of Imperial Brazil in a comparative perspective

Abstract

The 1824 Constitution was the result of the application of comparative constitutionalism, a technique that analyzes different constitutional models to identify the best forms of political organization. In Brazil, the debate between the “republican monarchy” model (national sovereignty, unicameral assembly, centralized state) and the “balanced monarchy” model (shared sovereignty, bicameralism, checks and balances) shaped the constituent process. The “republican monarchy” model was advocated by nativists and drew from the French Constitution of 1791 and the Spanish Constitution of 1812. Meanwhile, the “balanced monarchy” model, inspired by the British Constitution and the French Charter of 1814, was supported by Luso-Brazilians. The constitutional project of the French monarchist party, which proposed the monarch as the representative of the nation, was adopted by the Crown’s advisors. The acclamation of D. Pedro I was reinterpreted as a plebiscitary act, granting him legitimacy as the representative of the nation. The result was a hybrid model: national sovereignty, a centralized state, and a mixed system of government with a Moderating Power. The Constitution was sworn by D. Pedro I in 1824, an act justified by a doctrine that granted him the prerogative to enact it.