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Império do Brasil | Prime Ministers & Emperors
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Preceded by | Washington Luís |
Preceded by | None/Office established |
Constitutional Powers of the Prime Minister
As a Constitutional Monarchy with a Prime Ministerial head of government, Brazil grants significant powers to the Prime Minister, who effectively controls the executive branch, represents the country abroad, and appoints the cabinet and, with the approval of the Senate and Emperor, the judges for the Supreme Federal Court. However, the Emperor holds the title of commander-in-chief of the armed forces.
Prime Ministers in Brazil also have significant lawmaking powers, exercised either by proposing laws to the National Congress or by using Medidas Provisórias (provisional measures), an instrument with the force of law that the president can enact in cases of urgency and necessity except to make changes to some areas of law (provisional measures cannot be used to change criminal law or electoral law). A provisional measure comes into effect immediately, before Congress votes on it, and remains in force for up to 60 days unless Congress votes to rescind it. The 60-day period can be extended once, up to 120 days. If Congress, on the other hand, votes to approve the provisional measure, it becomes an actual law, with changes decided by the legislative branch. The provisional measure expires at the end of the 60-day period (or the 120-day, in the case of extension), or sooner, if rejected by one of the Houses of Congress.
Requirements
The Constitution of Brazil requires that a Prime Minister be a native-born citizen of Brazil, at least 35 years of age, a resident of Brazil, in full exercise of their electoral rights, a registered voter, and a member of a political party (write-in or independent candidates are forbidden).
Term limits
A Prime Minister can remain in office provided he can continue to win elections (which must be held at intervals of 4 years) and command the confidence of his/her party and the Emperor.
Running for other offices
A sitting Prime Minister (or governor or mayor) who wishes to run for a different office, regardless of the intended jurisdiction or branch of government, must resign from office at least six months before the day of the election.
Compensation
As of 1930, the Prime Minister earns a monthly salary of R$30,934.70, along with an undisclosed expense account to cover travel, goods and services while in office. Given that in Brazil all private and public sector employees and civil servants receive an additional compensation equivalent to one monthly salary after a year of work (this compensation is known as the thirteenth salary), the Prime Minister receives 13 payments per year, resulting in an annual salary of R$402,151.
Removal from office
The Prime Minister may be removed from office using one of two procedures. In either case, two-thirds of the Chamber of Deputies must accept charges against the officeholder (impeachment); and if the Senate accepts the investigation, the Prime Minister is suspended from exercising the functions of office for up to 180 days. In the case of "common criminal offenses", a trial then takes place at the Supreme Imperial Court. In the case of "crimes of malversation", which must fall into one of seven broad areas and which is defined in more detail in law, a trial takes place at the Imperial Senate. During the trial, the Emperor exercises executive power. If the trial does not result in a conviction within 180 days, the Prime Minister resumes office; a conviction results in removal from office and succession by the Emperor until a snap election can be held. The seven areas are:
1. The existence of the Union
2. The free exercise of the Legislative Power, the Judicial Power, the Public Prosecution and the constitutional Powers of the units of the Empire[/font]
3. The exercise of political, individual and social rights
4. The internal security of the country
5. Probity in the administration
6. The budgetary law
7. Compliance with the laws and with court decisions
Post-Prime Ministership
The following privileges are guaranteed to former presidents by law:
• Permanent security protection (by the Imperial Guard)
• The use of two official vehicles (for life)
• Repository funding for a presidential library
• Lifelong monthly pension for their widows and unmarried daughters
• Pension for sons of deceased ex-Prime Ministers until they come of age
Name | Reign | Prime Minister(s) | Portrait |
Dom Pedro I | 12 October 1822 - 7 April 1831 | None/Absolute Monarch |
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Dom Pedro II | 7 April 1831 - 15 November 1889 | -Manuel Alves Branco |
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Dom Pedro III | 15 November 1889 - 29 January 1940 | -Luisinho Pinho |
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Dom Pedro IV | 29 January 1940 - Present | -Getúlio Vargas |
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