The Republic of Brazil will hold this year its 29th presidential election, but elections have been made since the country was a colony, as local leaders used to choose their delegates. The first election at that time took place in 1532 and was carried on in order to elect members of São Vicente Village Council, in São Paulo state.
First republican election was held in 1891, having Marshal Manuel Deodoro da Fonseca been elected for President. Although the young Republic Constitution determined direct elections should be made, the first election was indirect as transitory provisions set so.
Historians regard Marshal Deodoro (1889-1891) as a temporary head of state, who enacted the first electoral law of the Brazilian Republic. As the Monarchy was brought down, the republican government had three basic functions: consolidating the new system, institutionalizing it with Constitution’s approval and making administrative reforms needed.
The election’s result was announced by parliament officer Antonio Eusébio, who declared “The elected United States of Brazil President is Mr. Deodoro da Fonseca”. Marshal Deodoro da Fonseca, who proclaimed Brazilian Republic, had 129 votes, 32 votes more than Prudente de Morais, with 97, who also came to be a president of Brazil. Floriano Peixoto, who also became president later, held the third position with three votes, followed by Saldanha Marinho, with two votes and José Higino Duarte Pereira, who had one vote. There were two spoiled votes.
Other elections in Brazil took place in 1894; 1898; 1902; 1906; 1910; 1914; 1918; 1919; 1922; 1926; 1930; 1934; 1938; 1945; 1950; 1955; 1960; 1964; 1966; 1969; 1974; 1978; 1985; 1989; 1994; 1998; 2002; and 2006.
According to Brazilian Superior Electoral Court (TSE), free voting came to Brazil with Portuguese settlers, who were used to electing governors for villages belonging to Portugal. Elections for local governors were carried on until Brazil became independent. However, economic pressure and Brazil’s growth demanded effective participation of Brazilian delegates in Court’s decisions.
For this reason, in 1821, general elections were made in order to choose Brazilian deputies to represent the country in Lisbon Court. These deputies were in charge of writing and approving the first Constitution of the Portuguese Monarchy. The elections took months due to formalities, and some places couldn’t even elect their deputies.
Until 1828, elections for municipal government were ruled by so called Kingdom Orders, lawful provisions of the king for regions under Portuguese rule. At first, everyone was entitled to vote. But then voting became an exclusive right of wealthy people. Minimum age for voting was 25 years-old, and voting was not allowed to indians, slaves, women and wage earners.
Electoral Evolution
Brazilian Independence led the country into improving its electoral law, even though rules from the Empire had been based upon French law. First electoral law, made on January 3rd 1822, was signed by Prince Regent, and determined elections for General Legislative Assembly, which had deputies of all Brazilian provinces, should be held. According to TSE, the number of electors’ calculus was still based upon the number of fogos (homes) in a certain place.
First Empire’s electoral law, in 1824, set elections of deputies and senators for General Legislative Assembly in addition to elections of members for Province Councils. Vote was compulsory, but it could be made by proxy if needed. However, by 1842 vote this kind of vote was no longer valid.
In 1855, district elections were set, due to Circle Law. In 1875, Terço Law (the name is based on the fact that electors should vote for a third of the total number of candidates to be elected), has gone beyond imperial rules as it brought the Judiciary into electoral process and created voter’s registration.
Electoral law during the Empire has led people to demand direct elections and to criticize abuse and frauds. This fact made Counselor Saraiva reform that law, putting Ruy Barbosa in charge of writing a new law, known as Saraiva Law. It has abolished indirect elections and entrusted magistrates with registering of voters, putting an end to Qualification Councils. Thus, in 1881, Saraiva Law set first direct elections in Brazil.
As Republic was proclaimed, a new era came for Brazilian electoral law, as it was inspired on American system. First electoral improvement was the extinction of censitary vote. First Republican Constitution of Brazil introduced presidential system, in which president and vice-president should be chosen in direct elections, by voting of the majority of people. It put Brazilian National Congress in charge of ruling electoral process for federal positions all over the country in addition to entrust states with the mission of ruling municipal and states elections.
In 1890, Marshal Deodoro da Fonseca enacted an electoral rule brought by Aristides Lobo, - 200-A Decree – considered to be the first electoral law of the Republic, regarding qualification of electors only. Yet, Brazil still needed a law for the election of Constitutional Convention members. Thus, on June 23rd 1890, this law was made official and was called Alvim Rule, as it was signed by José Cesário de Farias Alvim, minister and secretary of State for Inner Business at that time.
During the Old Republic, also called First Republic (1889-1930), a political scheme created by Prudente de Morais, who was elected President in 1894, and called “governor’s policy” was carried on. It worked like that: the President of the Republic should support candidates indicated by governors in state elections and they should support the candidate indicated by the President in presidential elections.
According to TSE, 1930’s Revolution claimed for moralization of electoral system, so one of the Temporary Government first acts was the creation of a committee for electoral reform, giving birth to the first Brazilian Electoral Code. The Code, made official in 1932, created the Electoral Justice, which held responsibility for electoral works such as: registration, organization of voting boards, votes counting, acknowledgement and announcement of elected parties.
The code has also ruled federal, states and municipal elections, creating secret vote, women’s vote and proportional representation system in two turns. Also, according to TSE, it was the first time political parties were mentioned in a law, although “detached” candidatures were permitted. At that time voting machines were already mentioned in the law, but they were only used in the 90’s.
In 1935, as the 1932 Electoral Code had been criticized, the second electoral code was made, replacing the previous one, keeping advances from the first code. However, on November 10th 1937, with Estado Novo (New State) dictatorial regime being supported by conservative sectors of Brazilian society, president Getúlio Vargas announced the creation of so called “polaca” Constitution of 1937.
This Constitution abolished the Electoral Justice and political parties, suspended free elections and determined presidential elections should be indirect, with terms of six years. As there was strong opposition from students, intellectuals, religious leaders and businessmen against the “Polaca”, Vargas announced general elections, being Eurico Gaspar Dutra, his Minister of War, candidate for President.
On October 29th 1945, opposition and military forces have joined efforts in a plot. Military Ministers deposed Getúlio Vargas, and José Linhares, president of both Federal Supreme Court (STF) and Superior Electoral Court, became temporary Head of State until the next President, Eurico Gaspar Dutra, was elected and took office on January 1946, putting an end to Estado Novo.
Military Presidents and the New Republic
In 1945, struggle for democracy has become stronger and due to popular pressure, Vargas enacted a constitutional bill, partly restoring some items regarding people’s claims. Having Dutra taken office and Electoral Justice being re-established, he made a Constitutional Convention in 1945, making the Constitution official in 1946. The House of Deputies and the Senate began to work as Legislative Ordinary Power.
1945 Electoral Code made it exclusive for political parties to have candidates, and was kept in vigor with little changes until 1950 Electoral Code creation.
During the time between João Goulart deposition (1964) and Tancredo Neves election (1985), electoral law had many institutional acts and amendments to Constitution, decrees and executive law “through which the military regime made electoral process stick to its goals, aiming to establish 1964 Revolution objectives and to have the government supported by the majority of people,” according to TSE.
In order to accomplish these goals, military presidents suspended political rights, restored indirect presidential, state and municipal elections in places regarded as being “relevant for national defense” and water stanzas, established candidatura nata (a justice mechanism which grants those who hold an elective position, candidature registration for the same position, for the party they belong), created straight ticket voting and sub-parties, in addition to change the number of deputies in the House of Deputies. The calculus, used to based on the number of people living in a place, but sometimes it is due to electors, choosing politically week states rather than expressive ones.
National Congress had only two parties, MDB (opposition) and Arena (government’s supporter). Institutional Act 5 (AI 5), published in 1968, suspended rights from 1967 Constitution and strengthened dictatorial power of the President of the Republic, which led into National Congress being closed.
Falcão Law (Law 6.339/76) restricted electoral marketing and hindered political debate in mass media vehicles. In 1977, amendment to Constitution number 8 created the mythical picture of the senator chosen by the government, known as “bionic senator”. Another amendment to Constitution (11/78) revoked institutional and complementary acts imposed by military presidents, also modifying requirements for political parties’ organization.
In 1980 another amendment restored direct elections for governors and senators, extinguishing bionic senators. Also, in 1979 a law put an end to Arena and MDB, adopting multi party system, and bringing so called political opening.
During the military dictatorship, five presidents were elected indirectly, all of the Generals. The first elected president during democratization process was Tancredo Neves, chosen by an Electoral College, i.e., indirectly, in 1985. Tancredo died before taking office, so his vice-president, now senator José Sarney (PMDB-AP), took the post.
Before this election, Dante de Oliveira’s amendment to Constitution, which provided for direct presidential elections, was rejected by National Congress, on April 1984. Then, an amendment to Constitution changed constitutional mechanisms restoring direct elections in two turns, for all levels, abolishing party fidelity and revoking the article providing joint district system. So called New Republic was at its start.
1988 Constitution determined a plebiscite should be carried on in order to define political regime (Republic or Monarchy) and government system (parliamentary or presidential). Then, Brazilian people decided to live in a presidential Republic.
Amendment to Constitution 5/94 reduced presidential term to four years and amendment 16/97 brought in reelection for head of the Executive for one subsequent second term only. As Law 9.504/97 was approved, it aimed to establish lasting rules for elections. But the Congress has already adopted new rules for improving Electoral Law, and other projects might be analyzed during the next presidential term.