Brazilian Government: Constitution, Branches, and Elections

Brazil’s government structure is a federative presidential republic built on the 1988 Constitution, which splits power among an elected president, a bicameral National Congress, and an independent judiciary, and distributes authority across a federal Union, 26 states, the Federal District, and more than 5,500 municipalities.¹ All power originates from the people and is exercised through elected representatives or directly through mechanisms like referendums and popular initiatives. With roughly 30 registered parties competing for seats, governing means constant coalition-building.

The 1988 Constitution as the Foundation

The 1988 Constitution is the supreme law of Brazil, drafted after more than two decades of military rule to restore democratic governance and set broad protections for individual rights.² It rests on five foundational principles: sovereignty, citizenship, the dignity of the human person, the social value of labor and free enterprise, and political pluralism.¹

Article 5 contains one of the most extensive bills of rights in the world, covering freedom of expression, due process, and protections against torture and racial discrimination, among many others.¹ Any government action that contradicts the constitutional text can be challenged and nullified in court. The document also sets social goals like reducing poverty and regional inequality, which shape federal spending priorities.

Some provisions are permanent. Article 60, paragraph 4, bars any amendment that would abolish the federal structure, the direct and secret vote, the separation of powers, or individual rights and guarantees.¹ These entrenched clauses set a constitutional floor that no future Congress or president can dismantle.

The Executive Branch

The President of the Republic is both head of state and head of government, representing Brazil in foreign relations while directing the federal administration. The term is four years, with one consecutive reelection allowed. Presidential elections use a two-round system: a candidate must win an absolute majority of valid votes in the first round to avoid a runoff between the top two.¹

The President appoints and dismisses Ministers of State, who lead federal ministries covering areas such as finance, health, education, and defense.³ The Vice President is first in the line of succession. For ordinary criminal offenses, the Supreme Federal Court tries a sitting president. For crimes of responsibility, meaning political offenses like violating the Constitution or misusing federal funds, the Federal Senate conducts the trial. A Senate conviction requires a two-thirds vote and produces removal from office plus an eight-year ban from public positions.¹

Provisional Measures

A powerful executive tool is the provisional measure, which carries the force of law the moment the President signs it. The Constitution limits this authority to situations of “relevance and urgency,” and each measure expires after 60 days if Congress does not convert it into permanent legislation.³ The deadline can be extended once for another 60 days. A joint committee of deputies and senators issues an opinion, then both chambers vote separately to approve, amend, or reject. Presidents rely heavily on this mechanism, which periodically fuels debate about executive overreach.

The National Congress

Legislative power belongs to the National Congress, a bicameral body made up of the Chamber of Deputies and the Federal Senate. Congress writes federal law, approves the national budget, authorizes the President to declare war or negotiate treaties, and oversees the executive through investigative committees that can compel ministers to testify.

Chamber of Deputies

The Chamber of Deputies has 513 members elected to four-year terms by proportional representation. Each state’s delegation is sized by population, with a floor of eight and a ceiling of 70 deputies per state.⁴ Because seats are allocated proportionally, even small parties can win representation, which is a major reason so many parties sit in Congress at once.

Federal Senate

The Federal Senate has 81 members, three for each of the 26 states and the Federal District, regardless of population. Senators serve eight-year terms and are chosen by majority vote rather than proportional representation.⁵ Longer terms and equal state representation give the Senate a stabilizing role, ensuring that smaller states carry the same weight as São Paulo when confirming presidential appointments or trying impeachment cases.

Coalition Presidentialism

With so many parties in Congress, no president’s party comes close to a legislative majority on its own. The practical result is coalition presidentialism: the President must assemble a multi-party coalition, often ideologically broad, to pass legislation. Coalition partners typically receive cabinet ministries and other positions in exchange for their bloc’s votes. The Constitution strengthens the President’s hand by granting exclusive initiative over tax, budget, and public-sector employment bills, giving the executive real leverage during negotiations. When the coalition holds, the government’s agenda usually passes at high rates. When it fractures, the program can stall.

The Judiciary

Brazil follows the civil law tradition, so written codes and statutes passed by Congress are the primary source of law rather than judicial precedent. Courts apply these codes to resolve disputes, though higher-court interpretations increasingly bind lower tribunals. The judiciary is organized as a hierarchy of specialized branches, each handling a distinct category of dispute.

The Supreme Federal Court

The Supreme Federal Court (STF) sits at the top and serves as the guardian of the Constitution.⁶ Its 11 justices are appointed by the President and confirmed by an absolute majority of the Senate.⁷ Its core function is reviewing whether federal and state laws comply with the Constitution, though it also has original jurisdiction over cases involving senior government officials.

Other Courts

Below the STF, the Superior Court of Justice (STJ) handles the uniform interpretation of federal legislation across the country, functioning as the final word on non-constitutional legal questions. The system also includes specialized branches: Labor Courts resolve employment disputes, Electoral Courts oversee the integrity of elections, and Military Courts handle offenses involving armed forces personnel. Judges throughout the system have life tenure and a constitutional guarantee against salary reductions, both meant to insulate them from political pressure.

The Ministério Público

One of the most distinctive features of the Brazilian system is the Ministério Público, or Public Ministry, an institution that does not fit neatly into any of the three traditional branches. The Constitution defines it as a “permanent institution, essential to the jurisdictional function of the State,” charged with defending the legal order, the democratic regime, and inalienable social and individual interests.⁸ The 1988 Constitution deliberately detached the Public Ministry from the executive branch without subordinating it to the legislature or judiciary, granting it functional independence.

In practice, the Public Ministry prosecutes criminal cases, investigates corruption, and brings civil actions to protect collective rights like environmental preservation and consumer protection. Its members can open investigations independently and compel public officials to provide information. That broad mandate and autonomy have made it one of the most active checks on government power, and at times one of the most controversial, as critics argue its independence sometimes lacks sufficient accountability.

Federal, State, and Municipal Levels

Brazil’s federal structure distributes authority across four levels: the Union (federal government), 26 states, the Federal District, and over 5,500 municipalities. Each level has its own constitution or organic law, its own budget, and defined areas of responsibility. Jurisdictional conflicts are settled by the Supreme Federal Court.

The Union handles matters that require national uniformity: currency, foreign policy, federal highways, and the armed forces. States manage regional affairs, including their own court systems, state tax collection, and public safety. Municipalities control local zoning, public transit, and primary healthcare clinics. The Federal District, which contains the capital Brasília, exercises the powers of both a state and a municipality.

Public Security

Policing is split between state-level forces with distinct roles. The Military Police handles preventive patrol and public order, while the Civil Police conducts criminal investigations after an offense occurs. At the federal level, the Federal Police investigates crimes against federal institutions, cross-border offenses, and drug trafficking, operating under the authority of the Ministry of Justice.

Public Healthcare

The Constitution declares health a right of every person and a duty of the state, mandating universal and equal access to health services.¹ This mandate gave rise to the Unified Health System (SUS), one of the largest publicly funded healthcare systems in the world. It is financed jointly by the federal government, states, and municipalities, and provides everything from basic vaccinations to complex surgeries at no direct cost to the patient. Quality and availability vary significantly between wealthy urban areas and remote rural regions.

Elections and Voting

The Superior Electoral Court (TSE) manages all aspects of Brazilian elections, from voter registration to final certification of results. General elections for the presidency, both chambers of Congress, state governors, and state legislatures occur every four years on the first Sunday of October.¹ Municipal elections follow the same cycle, offset by two years, so Brazilians vote in some kind of election every other year.

Mandatory Voting

Voting is compulsory for all literate citizens between 18 and 70. It is optional for 16- and 17-year-olds, citizens over 70, and illiterate individuals.⁹ Citizens who miss an election without filing a justification face a small fine per missed round. Leaving that fine unresolved triggers more serious consequences: restrictions on applying for a passport, inability to take a public-sector job or receive a government salary, and limits on obtaining loans from state-controlled financial institutions.

The Two-Round System

Presidential and gubernatorial races use a two-round format. A candidate wins outright in the first round only by capturing an absolute majority of valid votes, excluding blank and void ballots. If no one reaches that threshold, the top two candidates face each other in a runoff held on the last Sunday of October.¹ The rule ensures that every president takes office with majority support in the decisive round.

Electronic Voting and Candidate Eligibility

Brazil was an early adopter of electronic voting, introducing its electronic ballot box in 1996 and reaching full nationwide coverage shortly afterward.¹⁰ The machines allow results to be tallied within hours of polls closing, with over 150 million eligible voters. The system has faced periodic criticism and demands for auditability, but it has been used without interruption in every election since its introduction.

On the candidate side, Brazil’s “Clean Record” law (Complementary Law 135 of 2010) bars individuals from running for office for eight years if they have been convicted by a multi-judge court, impeached, or resigned to avoid impeachment. The ban takes effect even while appeals are still pending, which makes it one of the stricter candidate-eligibility rules in Latin America.

1
Federal Supreme Court. Constitution of the Federative Republic of Brazil
2
Administrative Council for Economic Defense. Brazilian Constitution
3
Constitute. Constitution of the Federative Republic of Brazil
4
IFES Election Guide. Brazilian Chamber of Deputies 2022 General
5
Câmara dos Deputados. Chamber of Deputies – The Federal Senate
6
STJ International – National High Court of Brazil. Supreme Federal Court
7
Supremo Tribunal Federal. Structure
8
Federal Senate. Constitution of the Federative Republic of Brazil
9
Tribunal Superior Eleitoral. Voters Abroad
10
Tribunal Superior Eleitoral. History