Sunday, March 19, 2017

Government and politics

Palácio do Planalto ("Plateau Palace"), the official workplace of the President of Brazil.
The form of government is that of a democratic federative republic, with a presidential system.[17] The president is both head of state and head of government of the Union and is elected for a four-year term,[17] with the possibility of re-election for a second successive term. The current president is Michel Temer, who replaced Dilma Rousseff after her impeachment.[162] The President appoints the Ministers of State, who assist in government.[17] Legislative houses in each political entity are the main source of law in Brazil. The National Congress is the Federation's bicameral legislature, consisting of the Chamber of Deputies and the Federal Senate. Judiciary authorities exercise jurisdictional duties almost exclusively. Brazil is a democracy, according to the Democracy Index 2010.[163]
The Brazilian Federation is the "indissoluble union" of the States, the Municipalities and the Federal District.[17] The Union, the states and the Federal District, and the municipalities, are the "spheres of government". The federation is set on five fundamental principles:[17] sovereignty, citizenship, dignity of human beings, the social values of labour and freedom of enterprise, and political pluralism. The classic tripartite branches of government (executive, legislative and judicial under a checks and balances system) are formally established by the Constitution.[17] The executive and legislative are organized independently in all three spheres of government, while the judiciary is organized only at the federal and state/Federal District spheres.
All members of the executive and legislative branches are directly elected.[164][165][166] Judges and other judicial officials are appointed after passing entry exams.[164] For most of its democratic history, Brazil has had a multi-party system, proportional representation. Voting is compulsory for the literate between 18 and 70 years old and optional for illiterates and those between 16 and 18 or beyond 70.[17]
Together with several smaller parties, four political parties stand out: Workers' Party (PT), Brazilian Social Democracy Party (PSDB), Brazilian Democratic Movement Party (PMDB) and Democrats (DEM). Fifteen political parties are represented in Congress. It is common for politicians to switch parties, and thus the proportion of congressional seats held by particular parties changes regularly.[167] Almost all governmental and administrative functions are exercised by authorities and agencies affiliated to the Executive.

Law

Brazilian law is based on Roman-Germanic[not in citation given] traditions[168] and civil law concepts prevail over common law practice. Most of Brazilian law is codified, although non-codified statutes also represent a substantial part, playing a complementary role. Court decisions set out interpretive guidelines; however, they are seldom binding on other specific cases. Doctrinal works and the works of academic jurists have strong influence in law creation and in law cases.
Supreme Federal Court of Brazil serves primarily as the Constitutional Court of the country.
The legal system is based on the Federal Constitution, which was promulgated on 5 October 1988, and is the fundamental law of Brazil. All other legislation and court decisions must conform to its rules.[169] As of April 2007, there have been 53 amendments. States have their own constitutions, which must not contradict the Federal Constitution.[170] Municipalities and the Federal District have "organic laws" (leis orgânicas), which act in a similar way to constitutions.[171] Legislative entities are the main source of statutes, although in certain matters judiciary and executive bodies may enact legal norms.[17] Jurisdiction is administered by the judiciary entities, although in rare situations the Federal Constitution allows the Federal Senate to pass on legal judgments.[17] There are also specialized military, labor, and electoral courts.[17] The highest court is the Supreme Federal Court.
This system has been criticized over the last few decades for the slow pace of decision-making. Lawsuits on appeal may take several years to resolve, and in some cases more than a decade elapses before definitive rulings.[172] Nevertheless, the Supreme Federal Tribunal was the first court in the world to transmit its sessions on television, and also via YouTube.[173][174] More recently, in December 2009, the Supreme Court adopted Twitter to display items on the day planner of the ministers, to inform the daily actions of the Court and the most important decisions made by them.[175]

Military

Main article: Brazilian Armed Forces
Brazilian Army participating in a UN peacekeeping mission in Haiti.
The armed forces of Brazil are the second largest in Latin America by active personnel and the largest in terms of military equipment.[176] It consists of the Brazilian Army (including the Army Aviation Command), the Brazilian Navy (including the Marine Corps and Naval Aviation), and the Brazilian Air Force. Brazil's conscription policy gives it one of the world's largest military forces, estimated at more than 1.6 million reservist annually.[177]
Numbering close to 236,000 active personnel,[178] the Brazilian Army has the largest number of armored vehicles in South America, including armored transports and tanks[179] It is also unique in Latin America for its large, elite forces specializing in unconventional missions, the Brazilian Special Operations Command,[180][181][182] and the versatile Strategic Rapid Action Force, made up of highly mobilized and prepared (Special Operations Brigade, Infantry Brigade Parachutist,[183][184] 1st Jungle Infantry Battalion (Airmobile)[185] and 12th Brigade Light Infantry (Airmobile)[186] able to act anywhere in the country, on short notice, to counter external aggression.[187] The states' Military Police and the Military Firefighters Corps are described as an ancillary forces of the Army by the constitution, but are under the control of each state's governor.[17]
Various aircraft participate in the CRUZEX exercise on 11 November 2010, at Natal Air Force Base
The Navy once operated some of the most powerful warships in the world with the two Minas Geraes-class dreadnoughts, which sparked a South American dreadnought race between Argentina, Brazil, and Chile.[188] Today, it is a green water force and has a group of specialized elite in retaking ships and naval facilities, GRUMEC, unit specially trained to protect Brazilian oil platforms along its coast.[189] It's the only navy in Latin America that operates an aircraft carrier, NAe São Paulo,[190] and one of the ten navies of the world to operate this type of ship.[179]
The Air Force, it is the largest in Latin America has about 700 manned aircraft in service and effective about 67,000 personnel.[191]
Brazil has not been invaded since 1865 during the Paraguayan War.[192] Additionally, Brazil has no contested territorial disputes with any of its neighbours[193] and neither does it have rivalries, like Chile and Bolivia have with each other.[194][195] The Brazilian military has also three times intervened militarily to overthrow the Brazilian government.[196] It has built a tradition of participating in UN peacekeeping missions such as in Haiti and East Timor.[197]
Brazilian Armed Forces
Tank.
Brazilian Army
Astros 2020
Ship.
Brazilian Navy
Cv Barroso (V34)
A-4AR Fightinghawk
Brazilian Air Force
AMX International

Foreign policy

Brazil's international relations are based on Article 4 of the Federal Constitution, which establishes non-intervention, self-determination, international cooperation and the peaceful settlement of conflicts as the guiding principles of Brazil's relationship with other countries and multilateral organizations.[198]
According to the Constitution, the President has ultimate authority over foreign policy, while the Congress is tasked with reviewing and considering all diplomatic nominations and international treaties, as well as legislation relating to Brazilian foreign policy.[199]
Brazil's foreign policy is a by-product of the country's unique position as a regional power in Latin America, a leader among developing countries, and an emerging world power.[200] Brazilian foreign policy has generally been based on the principles of multilateralism, peaceful dispute settlement, and non-intervention in the affairs of other countries.[201]
An increasingly well-developed tool of Brazil's foreign policy is providing aid as a donor to other developing countries.[202] Brazil does not just use its growing economic strength to provide financial aid, but it also provides high levels of expertise and most importantly of all, a quiet non-confrontational diplomacy to improve governance levels.[202] Total aid is estimated to be around $1 billion per year that includes:[202]
  • technical cooperation of around $480 million ($30 million in 2010 provided directly by the Brazilian Cooperation Agency (ABC))
  • an estimated $450 million for in-kind expertise provided by Brazilian institutions specialising in technical cooperation
In addition, Brazil manages a peacekeeping mission in Haiti ($350 million) and makes in-kind contributions to the World Food Programme ($300 million).[202] This is in addition to humanitarian assistance and contributions to multilateral development agencies. The scale of this aid places it on par with China and India.[202] The Brazilian South-South aid has been described as a "global model in waiting."[203]

Law enforcement and crime

Helicopter of the Federal Police Department.
In Brazil, the Constitution establishes five different police agencies for law enforcement: Federal Police Department, Federal Highway Police, Federal Railroad Police, Military Police and Civil Police. Of these, the first three are affiliated with federal authorities and the last two are subordinate to state governments. All police forces are the responsibility of the executive branch of any of the federal or state powers.[17] The National Public Security Force also can act in public disorder situations arising anywhere in the country.[204]
The country still has above-average levels of violent crime and particularly high levels of gun violence and homicide. In 2012, the World Health Organization (WHO) estimated the number of 32 deaths per 100,000 inhabitants, one of the highest rates of intentional homicide of the world.[205] The number considered tolerable by the WHO is about 10 homicides per 100,000 inhabitants.[206] However, there are differences between the crime rates in the Brazilian states. While in São Paulo the homicide rate registered in 2013 was 10.8 deaths per 100,000 inhabitants, in Alagoas it was 64.7 homicides per 100,000 inhabitants.[207]
Brazil also has high levels of incarceration and the third largest prison population in the world (behind only China and the United States), with an estimated total of approximately 700,000 prisoners around the country (June 2014), an increase of about 300% compared to the index registered in 1992.[208] The high number of prisoners eventually overloaded the Brazilian prison system, leading to a shortfall of about two hundred thousand accommodations.[209]

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