Adoption of Federalism in 1891: Portuguese-Brazilian Monarchical Constitutionalism and the United States of Brazil

15 Pages Posted: 14 Mar 2019

Date Written: November 15, 2018

Abstract

When the Republic was inaugurated in Brazil after the coup against the monarchy in 1889, the United States of Brazil became the official name of the country. Decrees established this form of government ratified through the constitutional convention in 1891. This paper analyzes how federalism, inspired by the United States of America, was adopted by the newly proclaimed regime which replaced the unitarian state of the Empire. For that, rulers and politicians must have taken into account the traditions of administration and legal institutions even though they did not wish to do it expressly. The Army was surveilling society, especially people considered to be enemies of the new order. There was no independent press while the values of notability were imposed as ways to achieve supposed optimal institutions. The judiciary became stronger after the end of the Empire. If judicial review became a powerful device during the Brazilian Republican History, was the control of constitutionality invented along the period? To what extent did American federalism truly inspire Brazil? Was the new rule of law an advance for civil rights in the country? Can we compare the economic results obtained under the Old Republic to the evolvement of civil and political rights? In particular, it focuses on the political process of the making of the Republic.

Keywords: Brazilian Republic, Monarchical Regimes, 19th Century Brazil

JEL Classification: N4, H1

Suggested Citation

Pimentel Filho, José Ernesto, Adoption of Federalism in 1891: Portuguese-Brazilian Monarchical Constitutionalism and the United States of Brazil (November 15, 2018). Available at SSRN: https://ssrn.com/abstract=3340858 or http://dx.doi.org/10.2139/ssrn.3340858

José Ernesto Pimentel Filho (Contact Author)

Federal University of Paraiba (UFPB) ( email )

Cidade Universitária
s/n - Castelo Branco III
João Pessoa, Paraíba 58051-900
Brazil

HOME PAGE: http://www.ccj.ufpb.br/pos/

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