The Role of Poder Moderador in Independent Brazil

Abstract

In 1824, following its independence from Portugal, Brazil implemented its first constitution, known as the “imperial constitution”, which included several experimental elements. Among these, the so-called “Poder Moderador” (Moderating Power) was the most significant. This institution, based on Benjamin Constant’s concept, aimed to ensure the balance between the three traditional branches of power: legislative, executive, and judiciary. In Brazil, the Poder Moderador was embodied by the monarch, who typically exercised his related rights in an authoritarian manner. The aim of this study is to provide a review of the subject in a regional context, summarizing the theoretical background and the practical use of the moderating power in Brazil.