Venice Commission - Report on Bicameralism

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Brazil

1.Has the country always had a bicameral parliamentary (or congressional) system? If not, from when did the country adopt a bicameral system? Is there a public debate about keeping bicameralism or moving to a unicameral system? Why? What are the terms of the debate? What is the public perception of the usefulness and acceptability (legitimacy) of the second chamber?

In 1824, the first Constitution of Brazil established a tradition of bicameralism inspired by the French Monarchist Charter. The National Congress (Parliament) is based on a lower house, the Chamber of Deputies, and a second house, the Federal Senate.

2.What is the population of the country? What is its size?

8 547 404 km - 215 002 523 inhabitants.

3.What form of state and form of government has the country? Please provide details with reference to relevant constitutional provisions. a) Unitarian or federal/regional/other form of decentralization; b) Parliamentary, presidential, semi-presidential or mixed

Brazil is a federative presidential republic without a prime minister, made up of twenty-six states and a federal district. Its Constitution was adopted on October 5, 1988.
The president is elected for a four-year term, and may be re-elected once.

4.How many members are in the lower house?

513 in the Chamber of Deputies

5.How many members has the second chamber?

81 in the Federal Senate.

6.How are members of the second chamber selected? Please describe: a) direct/indirect/mixed suffrage (if the suffrage is indirect or mixed, who elects or appoints the second chamber? b) territorial or other criteria; i) region/provinces/municipalities/others; ii) professional categories/ethnic/age/other; c) candidates’ independence from/affiliation with political parties; d) in case of indirect election, is there an imperative mandate or a similar practice?

Seats are to be attributed by first-past-the-post voting in twenty-seven constituencies of one or two seats each, corresponding to the 26 states plus the Federal District of the capital Brasilia. Candidates must be members of an official political party, enjoy full civil rights, reside in the constituency in which they are running, and be Brazilian citizens. For a senator to be eligible for the presidency of the Senate, Brazilian citizenship by birth is required.

7.Age. What is the age limit to elect and be elected or appointed to the second chamber? Does it coincide with the lower chamber? Are there other requirements for election than those for members of lower chambers?

21 years old for the lower chamber. The requirements are the same for the second chamber.

8.Gender. Are there any requirements to achieve gender parity between men and women in the composition of the second chamber or is there any gender quota system? If so, is there a similar requirement or gender quota system for the lower chamber?

9.Term of office or tenure. Duration? Does it coincide with lower chamber? Does the second chamber follow the continuity rule (members are not replaced all at once, new elections concern only part of the chamber at a time)? Can the second chamber be dissolved and if yes, who and how exercises its competences in the meantime? Please report any particularity.

Every four years, one-third or two-thirds of the Senate is renewed, i.e. 27 and 54 senators respectively.
In the case of one-third renewals, voting takes place in each constituency by first-past-the-post. When two-thirds of the seats are up for renewal, however, a pair of candidates is elected in each constituency, using a plurality-majority system. Voters have two votes, which they can distribute among the candidates of their choice. For the lower chamber, they are elected for four years. The two chambers cannot be dissolved.

10.Congruence. Is it common for the second chamber to have a similar party composition (majority-minority) to that of the lower chamber?

Yes

11.Status. Are there differences between the legal status of members of the two chambers, and if so, what (e.g., immunity, conflict of interest)?

Since 2018, the Supreme Court restricts parliamentary immunity. Previously judged only by the Supreme Court (STF), most cases will now have to be heard by the ordinary courts.

12.Rules of procedure. How are the rules governing the second chamber established? Are they different from the lower chamber’s and what are the most relevant differences? Are the internal regulations controlled by the constitutional judge?

Since the 1988 Constitution, Brazil's Supreme Federal Court has had broad powers to carry out constitutional review of legal norms and administrative acts, either in an abstract and concentrated manner or in a concrete and diffuse manner.

13.Powers/competences: Are the powers and competences the same in the two chambers (symmetrical bicameralism)? If the bicameralism is asymmetrical, what are the powers of the second chamber? Please describe: i) financial; ii) legislative; iii) oversight/control; iv) other specific powers, in particular as regards constitutional reforms, confidence motions, international treaties, etc; v) interim powers (e. g. in case of dissolution of the first chamber). a) Distinguish issues which are not submitted at all to the second chamber/where the final decision is taken by the first chamber/where the second chamber has a limited veto right etc. Please address these questions the other way round if the second chamber has more powers than the first one; b) Are there specific appointments that must be done solely by the second chamber? If so, the appointment must be done by supermajority/qualified majority/simple majority/absolute majority? c) What kind of parliamentary initiative can the first and second chamber exercise? d) What happens in case of disagreement (in case of asymmetrical as well as of symmetrical bicameralism); how many readings before the final decision? Does a mixed commission meet? e) To which chamber are draft laws and other drafts to be examined by Parliament or the legislature submitted first? f) Is the government responsible to the second chamber (when it is before the first one)? g) Are decisions taken by a joint meeting of both chambers and, in the affirmative, which ones? h) Does the second chamber have a specific role in emergency situations?

Brazil employs a symmetrical bicameral system; the attributions related to legislative production regarding symmetry are virtually the same for both houses, with a slight favoring for the Chamber of Deputies. The Senate's balance tilts regarding the control activities over political authorities and institutions.
i)financial; the second chamber has the exclusive power of establishing global limits and conditions for the amount of the debt of the States, Federal District and Counties evidenced by bonds or other securities and periodically evaluating the functioning of the structure and components of the National Tax System, and the performance of the tax administrations of the Union, States, Federal District and Counties, as referred in Article 52, number 9 and 15.
ii)legislative; There are no distinct legislative roles between the two chambers. Any member or committee of the Chamber of Deputies or the Federal Senate is empowered to propose complementary and ordinary laws, following the procedures outlined in the Constitution, as specified in Article 61. As outlined in Article 65, a bill approved by one Chamber shall be reviewed by the other in a single round of discussion and voting; if the reviewing Chamber approves the bill, it shall be sent for enactment or promulgation, or if it is rejected, it shall be archived.
iii)oversight/control; N/A
iv)other specific powers, in particular as regards constitutional reforms, confidence motions, international treaties, etc; The second chamber has exclusive power to try the President and the Vice-President of the Republic for impeachable offenses, as well as Ministers of the Federal Government and the Commanders of the Navy, the Army and the Air Force for crimes of the same nature connected with them under Article 52, number 1 of the Constitution.
v)interim powers (e. g. in case of dissolution of the first chamber); N/A

a) No matters evade submission to either chamber, as stated in Article 65 of the Constitution. According to this article, a bill endorsed by one chamber undergoes a single round of discussion and voting in the other. If the reviewing chamber approves the bill, it proceeds for enactment or promulgation; in case of rejection, it is archived.
b) No, there are not specific appointments that must be done solely by the second chamber.
c) According to Article 61, number 2, popular initiative may be exercised by presentation to the Chamber of Deputies of a draft law subscribed to by at least one percent of the national electorate, distributed throughout at least five States, with no less than three-tenths of one percent of the voters of each of these States.
d) As outlined in Article 65 of the Constitution, particularly in matters of legislation, the Chamber rejects the bill, it is archived, without undergoing any additional readings.
e) As per Article 64 of the Constitution, debates and votes on bills initiated by the President of the Republic, Supreme Federal Tribunal and Superior Tribunals, they shall start in the lower chamber.
f) No
g) When it comes to determining the president’s veto, it shall be considered in a joint session (and may only be rejected by an absolute majority of the lower and second chambers), in accordance with Article 66, number 4 of the Constitution.
h) No