A Poder Moderador szerepe a független Brazíliában

Absztrakt

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.