Constitution of Brazil in the context of "Indigenous territory (Brazil)"

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⭐ Core Definition: Constitution of Brazil

The Constitution of the Federative Republic of Brazil or 1988 Federal Constitution (Portuguese: Constituição da República Federativa do Brasil ou Constituição Federal de 1988) is the supreme law of Brazil. It is the foundation and source of the legal authority underlying the existence of Brazil and the federal government of Brazil. It replaced the autocratic 1967 constitution capping 21 years of military dictatorship and establishing Brazil's current republic, often referred to as the New Republic. Made in the light of the Brazilian transition to democracy, it resignified the role of the state in the citizens' lives, providing a vast system of human and individual rights protection, social welfare, and democratic tools.

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👉 Constitution of Brazil in the context of Indigenous territory (Brazil)

In Brazil, an Indigenous territory or Indigenous land (Portuguese: Terra Indígena [ˈtɛʁɐ ĩˈdʒiʒẽnɐ], TI) is an area inhabited and exclusively possessed by Indigenous people. Article 231 of the Brazilian Constitution recognises the inalienable right of Indigenous peoples to lands they "traditionally occupy" and automatically confers them permanent possession of these lands.

A multi-stage demarcation process is required for a TI to gain full legal protection, and this has often entailed protracted legal battles. Even after demarcation, TIs are frequently subject to illegal invasions by settlers and mining and logging companies.

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Constitution of Brazil in the context of Entrenched clause

An entrenched clause or entrenchment clause of a constitution is a provision that makes certain amendments either more difficult or impossible to pass. Overriding an entrenched clause may require a supermajority, a referendum, or the consent of the minority party. The term eternity clause is used in a similar manner in the constitutions of Brazil, the Czech Republic, Germany, Greece, India, Iran, Italy, Morocco, Norway, and Turkey, but specifically applies to an entrenched clause that can never be overridden. However, if a constitution provides for a mechanism of its own abolition or replacement, like the German Basic Law does in Article 146, this by necessity provides a "back door" for getting rid of the "eternity clause", too.

Any amendment to a constitution that would not satisfy the prerequisites enshrined in a valid entrenched clause would lead to so-called "unconstitutional constitutional law"—that is, an amendment to constitutional law text that appears constitutional by its form, albeit unconstitutional due to the procedure used to enact it or due to the content of its provisions.

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Constitution of Brazil in the context of Brazilian citizens

Brazilian nationality law details the conditions by which a person is a national of Brazil. The primary law governing nationality requirements is the 1988 Constitution of Brazil, which came into force on 5 October 1988.

With few exceptions, almost all individuals born in the country are automatically citizens at birth. Foreign nationals may naturalize after meeting a minimum residence period (usually four years), demonstrating proficiency in the Portuguese language, and fulfilling a good character requirement.

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Constitution of Brazil in the context of Federal government of Brazil

The Federal Government of Brazil (Governo Federal) is the national government of the Federative Republic of Brazil, a republic in South America divided into 26 states and a federal district. The Brazilian federal government is divided into three branches: the executive, which is headed by the President and the cabinet; the legislative, whose powers are vested by the Constitution in the National Congress; and the judiciary, whose powers are vested in nine organs, including the Supreme Federal Court and lower federal courts. The seat of the federal government is located in Brasília.

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Constitution of Brazil in the context of Public defender

A public defender is a lawyer appointed to represent people who otherwise cannot reasonably afford to hire a lawyer to defend themselves in a trial. Several countries provide people with public defenders, including the UK, Belgium, Hungary and Singapore, and some states of Australia. Brazil is the only country in which an office of government-paid lawyers with the specific purpose of providing full legal assistance and representation to the needy free of charge is established in the constitution. The Sixth Amendment to the US Constitution, as interpreted by the Supreme Court, requires the US government to provide legal counsel to indigent defendants in criminal cases. Public defenders in the United States are lawyers employed by or under contract with county, state or federal governments.

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Constitution of Brazil in the context of President of Brazil

The president of Brazil (Portuguese: presidente do Brasil), officially the president of the Federative Republic of Brazil (Portuguese: presidente da República Federativa do Brasil) or simply the President of the Republic, is the head of state and head of government of Brazil. The president leads the executive branch of the federal government and is the commander-in-chief of the Brazilian Armed Forces.

The presidential system was established in 1889, upon the proclamation of the republic in a military coup d'état against Emperor Pedro II. Since then, Brazil has had six constitutions, three dictatorships, and three democratic periods. The Constitution of Brazil, along with several constitutional amendments, establishes the requirements, powers, and responsibilities of the president, their term of office and the method of election.

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Constitution of Brazil in the context of Law of Brazil

The law of Brazil is based on statutes and, partly and more recently, a mechanism called súmulas vinculantes. It derives mainly from the European civil law systems, particularly the Portuguese, the Napoleonic French and the German (especially the German Civil Code).

There are many codified statutes in force in Brazil. The current Federal Constitution, created on October 5, 1988, is the supreme law of the country. This Constitution has been amended many times. Other important federal law documents in the country include the Civil Code, the Penal Code, the Commercial Code, the National Tax Code, the Consolidation of Labor Laws, the Customer Defense Code, the Code of Civil Procedure, and the Code of Criminal Procedure.

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