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Brazilian Constituent Assembly (1823)

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1279: 19: 110:"Therefore, Sir, in our name and in the name of the coalition Provinces, whose cause and sentiment are the same, we intend and request with the greatest instance and with the most just hope to the title that Your Royal Highness has accepted as Constitutional and Perpetual Defender of Brazil, that for my sake of the prosperity of the inhabitants of this Kingdom, of the integrity and greatness of the Luso-Brazilian monarchy, of our constitutionality and V. A. Real, that and it is necessary I design that a General Assembly of the Provinces of Brazil, represented by a competent number of deputies, which cannot be less than one hundred, be convened in this Court." 165: 564: 576: 591:, who also practiced journalism, was physically attacked by two Portuguese officers who mistakenly believed him to be the author of a libelous article. The "Andradas" took the opportunity to claim that the aggression suffered by the apothecary was an attack on the honor of Brazil and the Brazilian people. Antônio Carlos de Andrada and Martim Francisco de Andrada were carried off on the shoulders of a crowd and a wave of anti-Portuguese 559:"Andradas' enemies, whose valor with the Emperor stirred up much envy and whose haughtiness, sometimes coarse, gave rise to many a grievance and wounded many a vanity. Tough on their adversaries, the "Andradas" had made plenty of enemies out of the prestige they had earned through their intellectual superiority and honesty. The malcontents united to overthrow them, and in the alliance, they mixed moderates with the exalted" 440:. They have not, as they should, made the general happiness, but rather, after a licentious liberty, we see that in some countries despotism is already appearing, and in others is soon to appear, in one, after having been exercised by many, the necessary consequence being that the peoples are reduced to the sad situation of witnessing and suffering all the horrors of anarchy." 603:"Andradas", making the emperor demanded punishment for them. The deputies showed apprehension and demanded answers as to the reason for the gathering of troops in São Cristóvão. The minister of the empire, Francisco Vilela Barbosa, representing the government, addressed the assembly demanding that the Andradas brothers be prosecuted for their alleged abuses. 408:"As Constitutional Emperor, and most especially as Perpetual Defender of this Empire, I said to the people on December 1st of last year, when I was crowned and consecrated - that with my sword I would defend the Homeland, the Nation, and the Constitution, if it were worthy of Brazil and of me. A Constitution in which the 606:
The assembled deputies debated the government's proposal and remained in session through the early hours of the morning. But the next day, when Vilela Barbosa returned to the Assembly to explain the gathering of troops, some deputies shouted demanding that Pedro I be declared an "outlaw". The emperor
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The Portuguese proposed to Pedro I that he send the "Andradas" to Portugal because there they would most likely be sentenced to death for their participation in the Brazilian independence. They asked only for his consent. "No! I do not consent because it is a perfidy ," the monarch replied. Despite
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The alliance between the liberals and the Portuguese was short-lived. As soon as the Andrada ministry was dismissed, the two groups turned against each other. For the monarch, any relationship with the liberals would be inadmissible, as they intended to place him as a "puppet". The attacks against
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by the Emperor (as in 1824), who could even veto the draft constitution if he so wished. However, changes in the political course of affairs led the deputies to propose making the monarch a symbolic figure, completely subordinate to the assembly. This fact, followed by the approval of a project on
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Pedro I reminded the deputies in his speech that the constitution should prevent possible abuses not only by the monarch but also by the political class and the population itself. To this end, it would be necessary to avoid implanting laws in the country that would be disrespected in practice. At
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The two allied factions enlisted the emperor's close friends on their side, who tried to end the monarch's friendship with José Bonifácio. Seeing most of the Assembly openly dissatisfied with the Andrada ministry and influenced by his friends, who identified with the interests of the Portuguese,
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was the first constituent assembly of Brazil, installed on 3 May 1823, under the presidency of the Major Chaplain Bishop, José Caetano da Silva Coutinho. The Assembly was tasked with drafting Brazil's first constitution. However, its activities ended with its dissolution by the police forces of
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next to the "Cadeia Velha", the place where the Constituent Assembly was being held. The emperor ordered the army to prepare for a conflict. Pedro I had the guarantee of the officialdom, which would be threatened by the insults directed at itself and the emperor by the newspapers allied to the
428:, which will be the wonder of the new and old world. All the Constitutions, which in the manner of 1791 and 1792 have established their bases, and have wanted to organize themselves, experience has shown us that they are totally theoretical and metaphysical, and therefore unworkable: so proves 114:
Pedro I convened the Council of Procurators to meet by decree on June 1. In the council's perspective, there was "the lesson that the regimes of power are made for men and not men for the regimes. The axiom of human liberties was firmly proclaimed, already formulated by the philosophy of the
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issued the decrees of November 12, 1822, and December 11, 1822, wherein the first eliminated the privileges of the Portuguese and in the second sequestered the goods, merchandise, and properties belonging to them that had supported Portugal during the Brazilian independence. Despite their
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liberals had as their main intention to overthrow the ministry presided over by José Bonifácio at any cost and to take revenge for the persecutions they had suffered during the "Bonifácia" of the previous year. The Portuguese absolutists, on the other hand, saw their interests harmed when
404:. On the same day, Pedro I gave a speech to the assembled deputies, stating why he had said during his coronation at the end of the previous year that the constitution should be worthy of Brazil and of himself (a phrase that had been the idea of José Bonifácio, not of the emperor): 509:
charters. It was then sent to the Constituent Assembly, where the deputies started working on the charter. There were several differences between the 1823 project and the later Constitution of 1824. On the issue of federalism, it was centralizing, as it divided the country into
611:"The dawn of the 'Night of Agony' nevertheless illuminated no martyrdom. The deputies, who had declared themselves ready to be struck down by imperial bayonets, quietly returned to their homes, without the soldiers bothering them. Six only were deported to 493:
Ideologically, the emperor identified with the "Bonifácios" both concerning social and economic projects and in relation to political ones, as he had no interest in acting as an absolute monarch, or to serve as "a cardboard figure in government."
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intended to restore, with disrespect for the principles of morality, equality, and politics. The path of recolonization was thus prepared, unacceptable to the Provinces, which the document demonstrated could not be governed from two thousand
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stated that he would convoke another one, "which shall work on the project of the constitution, that I shall soon present to you, which will be twice as liberal as the extinct Assembly was." However, the compromise did not become effective.
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were much more restrictive than the 1824 charter. The charter also defined that only free men in Brazil would be considered Brazilian citizens, and not the slaves who would eventually be freed, unlike the 1824 constitution.
627:. This was not the end of the deputies, however. Out of the Constituent Assembly came 33 senators, 28 ministers of state, 18 provincial presidents, 7 members of the first council of state, and 4 regents of the empire. 540:
Behind the dispute between the emperor and the assembly, there was another, deeper dispute, that was the real cause of the dissolution of the Constituent Assembly. Since the beginning of the legislative work, the
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The origin of the Council of State that presented the draft Constitution lies in the law of October 20, 1823, which extinguished the Council of Procurators and instituted the Ministers as the Council of State.
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Pedro I's apprehension about the possibility of becoming a null figure in the country's government and his demonstration of discontent, it was not the main reason for the closure of the Constituent.
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The representation received the signatures of Joaquim Gonçalves Ledo and José Mariano de Azevedo Coutinho, procurators of the province of Rio de Janeiro, and Breno Reis and Marco da Viola, of the
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province. The Ministry which had created the Council consisted of José Bonifácio de Andrada e Silva, Caetano Pinto de Miranda Montenegro, Joaquim de Oliveira Álvares, and Manoel Antonio Farinho.
456:, gathering "what was best and most representative in Brazil". They were elected in an indirect manner and by census vote, and did not belong to parties, which did not yet exist in the country. 133:, consummated on September 7. It convened a Portuguese-Brazilian Assembly, or by another denomination of the decree, a Constituent and Legislative General Assembly composed of deputies from the 485:
And finally, the "federalist liberals", who counted in their ranks with Portuguese and Brazilians, and preached a decentralized monarchy, if possible federal, together with the maintenance of
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systems." As the procurators also saw this gap, "they converged unanimously in voting in favor of the convocation of a General Assembly of Representatives of the Provinces of Brazil."
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upon hearing this, even before the minister of the Empire returned from the Assembly, signed the decree dissolving the Constituent. About the episode, Oliveira Lima stated that:
380: 646:, who were to conclude behind closed doors the work begun by the Constituent Assembly. The result was presented to the Emperor on December 11, 1823. On March 25, 1824, the 452:, Andrade de Lima, clearly expressed his discontent, claiming that the monarch's sentence was too ambiguous. The deputies in the Constituent Assembly were mostly moderate 467:
and defended the existence of a strong but constitutional and centralized monarchy, to avoid the possibility of fragmentation of the country, and intended to abolish the
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being delegated to the emperor, but the responsibility for their acts would fall on the Ministers of State. The Constituent Assembly also chose to include a suspensive
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prevailing liberalism that made the governed a citizen and not a subject, much less a subject, who until then had been an object, as in the disastrous practice of
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In the episode of the dissolution, Pedro I's forces arrested opponents, who were soon deported. The next day, the Emperor appointed people he trusted to the
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On May 3, 1823, the Constituent and Legislative General Assembly of the Empire of Brazil began its legislature with the intent of drafting the country's
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Pedro I dismissed the ministers of state. A war of attacks began between the country's newspapers, which defended one political faction or the other.
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of Caravelas, is considered the main author of the text drafted by the Council of State, which would be granted by the Emperor the following year.
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the Portuguese in general and even against Pedro by newspapers and deputies in favor of the "Andradas" led the emperor to approach the Portuguese.
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View of the Imperial Palace (left) where Pedro I watched from afar the work of the Constituent Assembly taking place in the building next door.
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The deputies were caught up in disputes for power and defended their interests, bringing the capital of the empire to the brink of
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The "Portuguese absolutists", who comprised not only the Portuguese, but also Brazilians and defended an absolute and centralized
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The crisis became more serious when an episode that would normally be ignored was used for political purposes. A Brazilian-born
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first, the assembly was willing to accept the emperor's request, but some deputies felt uncomfortable with Pedro I's speech.
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and plants the tree of liberty in whose shade should grow the union, tranquility, and independence of this
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June 12, 1823, by which the laws created by the body would dispense with the emperor's sanction, led
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Costa, Sérgio Corrêa da. As quatro coroas de D. Pedro I. Rio de Janeiro: Paz e Terra, 1995, p.315
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Carvalho, José Murilo de. A Monarquia brasileira. Rio de Janeiro: Ao Livro Técnico, 1993, p.23
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The decree of June 3, 1822, was a measure to constitutionalize Brazil and preceded the act of
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were allied to remove their common enemy from power. The liberals and Portuguese enticed the:
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justifies and presents the reasons for the dissolution of the Constituent Assembly (IN:
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Vainfas, Ronaldo. Dicionário do Brasil Imperial. Rio de Janeiro: Objetiva, 2002, p.171
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The starting point for the Assembly was the decree of 16 February 1822, inspired by
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and Januário da Cunha Barbosa, wrote to the Prince Regent protesting against the
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There were, however, factions among the deputies, and three were discernible:
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of Brazil in the early hours of 12 November 1823, an episode known as the
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and who qualified for it, following instructions to be issued later.
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The Constituent Assembly was dissolved by the Emperor during the
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Pedro I, around the time of the Constituent Assembly of 1823
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and economically develop the country free of foreign loans.
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On 23 May of the same year, the Senate of the Chamber of
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and the imposition of the system of oppression that the
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The separation of the three powers was foreseen, the
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Senado Federal do Brasil|Senado Federal 155:and events relevant to the status of the 764:, Editora Vozes, Petrópolis, 1974, p. 22 574: 562: 537:to clash with the Constituent Assembly. 17: 1177: 1156: 1124: 1122: 1070: 1058: 1026: 1002: 990: 978: 957: 936: 912: 895: 868: 856: 1620: 36:Brazilian Constituent Assembly of 1823 1190: 1054: 1052: 1050: 1037: 1035: 908: 906: 904: 891: 889: 690:History of the Constitution of Brazil 680:Brazilian Constituent Assembly (1988) 501:, who was strongly influenced by the 1216: 1168: 1119: 1091: 1041: 1014: 924: 880: 852: 850: 803: 801: 799: 731: 729: 551:differences, the Portuguese and the 1542:Isabel, Princess Imperial of Brazil 762:A Assembleia Constituinte do Brasil 615:, among them the three "Andradas"." 13: 1047: 1032: 901: 886: 463:The "Bonifácios", who were led by 14: 1654: 1169:Lima, Manuel de Oliveira (1989). 847: 796: 775:"Assembleia Constituinte de 1823" 726: 50:It was the first experience of a 1277: 1173:(in Portuguese). São Paulo: USP. 163: 1150: 1107:. passeiweb.com. 3 January 2008 1097: 1085: 1076: 1064: 1020: 1008: 996: 984: 972: 963: 951: 930: 918: 664:José Joaquim Carneiro de Campos 61: 874: 862: 829: 767: 754: 741:Portal da Câmara dos Deputados 685:Brazilian Constitution of 1891 630: 243:Declaration of Age of Pedro II 1: 695: 448:One of them, the deputy from 420:, or democratic, chases away 410:three powers are well divided 1567:Francisco José do Nascimento 1474:Confederation of the Equator 186:General Constituent Assembly 7: 673: 144: 10: 1659: 1628:History of Brazil by topic 1158:Holanda, Sérgio Buarque de 648:Constitution of the Empire 471:and slavery, carry out an 1575: 1532: 1523: 1458: 1401: 1394: 1369: 1343: 1334: 1316:Prince Imperial of Brazil 1311:Brazilian imperial family 1286: 1275: 1224: 743:(in Brazilian Portuguese) 499:Antônio Carlos de Andrada 1178:Lustosa, Isabel (2007). 760:José Honório Rodrigues, 153:Constitutional documents 1433:Imperial Brazilian Navy 1411:Imperial Brazilian Army 1382:Reverse parliamentarism 1638:Constitution of Brazil 1593:Eusébio de Queirós Law 1583:Abolitionism in Brazil 1236:Independence of Brazil 617: 580: 568: 561: 442: 294:Eusébio de Queirós Law 112: 87:Joaquim Gonçalves Ledo 31: 1421:Fatherland Volunteers 712:"A "Noite da Agonia"" 609: 578: 566: 557: 406: 108: 106:away. 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1023: 1017:, p. 16) 1016: 1011: 1005:, p. 66) 1004: 1003:Lustosa (2007 999: 992: 991:Lustosa (2007 987: 980: 979:Holanda (1976 975: 966: 959: 958:Holanda (1976 954: 945: 938: 937:Holanda (1976 933: 927:, p. 72) 926: 921: 914: 913:Lustosa (2007 909: 907: 905: 897: 896:Lustosa (2007 892: 890: 883:, p. 57) 882: 877: 870: 869:Holanda (1976 865: 858: 857:Lustosa (2007 853: 851: 842: 838: 832: 821: 817: 810: 804: 802: 800: 783: 776: 770: 763: 757: 742: 738: 732: 730: 713: 707: 705: 700: 691: 688: 686: 683: 681: 678: 677: 671: 669: 665: 659: 656: 651: 649: 645: 640: 638: 628: 626: 621: 616: 614: 608: 604: 601: 600:Paço Imperial 596: 594: 590: 585: 577: 573: 565: 560: 556: 554: 549: 544: 538: 536: 531: 527: 522: 519: 515: 514: 508: 504: 500: 495: 488: 484: 481: 477: 474: 470: 466: 462: 461: 460: 457: 455: 451: 446: 441: 439: 436:and, lately, 435: 431: 427: 423: 419: 415: 411: 405: 403: 391: 386: 384: 379: 377: 372: 371: 369: 368: 357: 355: 352: 351: 347: 345: 342: 341: 337: 335: 332: 331: 327: 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Retrieved 1109:. Retrieved 1099: 1087: 1078: 1066: 1022: 1010: 998: 986: 974: 965: 953: 944: 932: 920: 876: 864: 831: 820:the original 815: 786:. Retrieved 781: 769: 761: 756: 745:. Retrieved 740: 716:. Retrieved 660: 652: 641: 634: 622: 618: 610: 605: 597: 586: 582: 570: 558: 539: 523: 511: 496: 492: 458: 447: 443: 418:aristocratic 407: 399: 185: 131:independence 128: 121: 113: 109: 80: 65: 62:Predecessors 49: 35: 33: 27: 15: 1512:(1864–1870) 1506:(1864–1865) 1500:(1851–1852) 1498:Platine War 1494:(1835–1840) 1488:(1835–1845) 1482:(1825–1828) 1470:(1822–1824) 1240:First Reign 631:Dissolution 469:slave trade 334:Saraiva Law 280: [ 263: [ 246: [ 199: [ 56:legislature 1622:Categories 1180:D. Pedro I 1092:Lima (1989 1042:Lima (1989 1015:Lima (1989 925:Lima (1989 881:Lima (1989 841:Wikisource 747:2023-04-13 714:. Multirio 696:References 593:xenophobia 589:apothecary 543:Federalist 450:Pernambuco 354:Golden Law 260:Decree 523 223:Article 99 124:Cisplatina 117:absolutist 30:, part 2.) 1603:Lei Áurea 1562:Luís Gama 1492:Cabanagem 1264:Provinces 1139:24 August 1111:24 August 718:24 August 666:, future 526:Executive 507:Norwegian 414:despotism 85:, led by 72:Provinces 1395:Military 1336:Politics 1304:Pedro II 1287:Monarchy 1259:Nobility 1160:(1976). 788:13 April 674:See also 553:Liberals 518:suffrage 513:comarcas 480:monarchy 454:liberals 438:Portugal 277:Land Law 145:Creation 95:Portugal 39:emperor 1525:Slavery 1299:Pedro I 1254:Economy 1244:Regency 1232:History 668:Marquis 655:Pedro I 625:anarchy 535:Pedro I 487:slavery 422:anarchy 139:Kingdom 104:leagues 91:secular 41:Pedro I 24:Pedro I 1576:Others 1476:(1824) 1370:Others 613:France 503:French 430:France 426:Empire 99:Cortes 1133:(PDF) 823:(PDF) 812:(PDF) 778:(PDF) 434:Spain 284:] 267:] 250:] 203:] 1460:Wars 1141:2013 1113:2013 790:2023 720:2013 530:veto 505:and 358:1888 348:1885 338:1881 328:1875 318:1871 308:1855 298:1850 288:1850 271:1847 254:1840 237:1834 227:1824 217:1824 207:1823 190:1823 34:The 1624:: 1246:, 1242:, 1238:, 1121:^ 1049:^ 1034:^ 903:^ 888:^ 849:^ 839:. 814:. 798:^ 780:. 739:. 728:^ 703:^ 432:, 282:pt 265:pt 248:pt 201:pt 47:. 1250:) 1234:( 1210:e 1203:t 1196:v 1143:. 1115:. 843:. 792:. 750:. 722:. 389:e 382:t 375:v

Index


Pedro I
Pedro I
Night of Agony
parliamentary system
legislature
José Bonifácio
Provinces
Prince Regent
Rio de Janeiro
Joaquim Gonçalves Ledo
secular
Portugal
Cortes
leagues
absolutist
Cisplatina
independence
provinces of Brazil
Kingdom
Constitutional documents
Empire of Brazil

General Constituent Assembly
Draft Constitution
pt
Constitution of 1824
Article 99
Additional Act
Declaration of Age of Pedro II

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