The story

Constitution of 1934


The 1934 Constitution was a direct consequence of the 1932 Constitutionalist Revolution. With the end of the Revolution, the issue of the political regime came to the fore, thus forcing the Constituent Assembly elections in May 1933, which approved the new Constitution replacing the Constitution of 1891.

The purpose of the 1934 Constitution was to improve the living conditions of the vast majority of Brazilians by creating laws on education, work, health and culture. Expanding the right of citizenship of Brazilians, enabling the large portion of the population, which until then was marginalized from the political process of Brazil, then participate in this process. The Constitution of 34 actually brought, therefore, a perspective of changes in the lives of most Brazilians.

The day after the promulgation of the new Charter, Getúlio Vargas was elected president of Brazil.

Are characteristics of the Constitution of 1934:

1- The maintenance of the basic principles of the previous charter, that is, Brazil remained a republic within the federative principles, even though the degree of autonomy of the states was reduced;
2 - The decoupling of powers, independently of the executive, legislative and judiciary; beyond the direct election of all members of the first two. The Electoral Code formulated for the election of the Constituent Assembly has been incorporated into the Constitution;
3 - The creation of the Labor Court and its labor legislation, including the right to freedom of association;
4- The possibility of nationalizing foreign companies and determining the state monopoly over certain industries;
5- The transitional provisions stating that the first president of the Republic be elected by indirect vote of the Constituent Assembly.
The 1934 Constitution also addressed cultural rights, approving the following principles, among others:

  • The right of all to education, with the determination that it develops an awareness of human solidarity;
  • The compulsory and gratuitousness of primary education, including for adults, and the intention to the gratuitousness of immediate primary education;
  • Optional religious teaching, respecting the student's belief;
  • The freedom to teach and guarantee the chair.

The 1934 Constitution still guarantees the citizen:

  • That the law would not prejudice the acquired right, the perfect legal act and the res judicata;
  • The principle of equality before the law, establishing that there would be no privilege or distinction on the grounds of birth, sex, race, one's own or parental profession, wealth, social class, religious belief, or political ideas;
  • Acquisition of legal personality by religious associations and introducing optional religious assistance in official establishments;
  • The obligation of immediate communication of any arrest or detention to the competent judge to relax and, if illegal. request the responsibility of the co-authoring authority;
  • Habeas corpus, for the protection of personal liberty, and established the writ of mandamus for the defense of the right, undisputed, threatened or violated by an unconstitutional or illegal act of any authority;
  • The prohibition of the penalty of perpetual character;
  • Prevention of arrest for debts, fines or costs;
  • Extradition of foreigners for political or opinion crimes and, in any case, that of Brazilians;
  • Legal aid for the financially destitute;
  • That the authorities issue the required certificates to defend individual rights or to clarify citizens about public affairs;
  • Tax exemption for writer, journalist and teacher;
  • That to every citizen legitimacy to claim the declaration of usefulness or annulment of the acts harmful to the patrimony of the Union, the States or the Municipalities;
  • The prohibition of difference in pay for the same job, on grounds of age, sex, nationality or marital status;
  • Receive a minimum wage that meets the normal needs of the worker;
  • The limitation of work to eight hours daily, only extendable in the cases provided by law;
  • Prohibition of working under 14, night work under 16 and in unhealthy industries under 18 and women;
  • The regulation of the exercise of all professions.

The 1934 Constitution represented the beginning of a new phase in the country's life, however it was in force for a short time until the introduction of the Estado Novo on November 10, 1937, and was replaced by the 1937 Constitution.