Brazilian Presidential Inauguration - Inauguration Day

Inauguration Day

In the Old Republic era (Republica Velha), that lasted from 1889 until 1930, the Constitution adopted on February 24, 1891 established that the first presidential term would finish in 1894; the President and Vice-President for the first presidential term would be elected by the Constitent Congress as soon as the Constitution was promulgated under the transitional provisions of that document (the first presidential inauguration took place on 26 February 1891). Subsequent Presidents were, as per the permanent provisions of the Constitution, elected by direct popular ballot. Presidential elections were held on 1 March in the last year of a presidential term, and new Presidents were inaugurated on 15 November (the anniversary of the Proclamation of the Republic). Accordingly, 15 November was inauguration day during the Old Republic era. The first inauguration under the permanent provisions of the Constitution took place on 15 November 1894.

In the wake of the 1930 Revolution, the Constitution adopted on 16 July 1934, in its transitional provisions, empowered the Constituent Assembly to elect the President for the first Presidential term. Chosen by the Constituent Assembly, Getúlio Vargas, until then Head of the Provisional Government, took office as President on 20 July 1934. Subsequent Presidents would be elected by direct popular ballot and the next President would take office on 3 May 1938. Accordingly, 3 May would be Inauguration Day under the 1934 Constitution. This Constitution was however short-lived due to the presidential coup d'etát of 10 November 1937, so that no presidential elections were held under its permanent provisions.

Under the Constitution imposed by President Vargas on 10 November 1937, the Brazilian Government was in effect a dictatorship. The referendum announced in the Constitution, in which the people would confirm or reject the new constitutional system, was never held (the date of that referendum was never set by the Government). The Constitution nominally established a six-year presidential term, with the first Presidential term starting on the date of adoption the Constitution, but another provision of the document allowed the serving President (Vargas) to remain in office until the referendum on the Constitution was held. The said Constitutional provision indicated that, if the Constitution was confirmed in the referendum, then Vargas would complete his six-year presidential term. Thus, the referendum should have taken place in the first six years of the Constitution, but that was not done: Vargas ignored the duration of the presidential term mandated by the Constitution that he had imposed. In reality therefore, after the 1937 coup, Vargas retained power for more than the six-year period that had been announced, ruling Brazil as dictator for almost eight years, from his coup d'etát in November 1937 until his deposition in October 1945.

When Vargas were deposed, new elections were summoned for a Constituent Assembly and a President, both chosen by direct popular ballot. The first presidential term subsequent to the deposition of the Estado Novo dictatorship began on 31 January 1946, and the Constitution adopted on 18 September 1946 established five-year presidential terms, but did not change the Inauguration Day. Accordingly, the subsequent five-year presidential terms also started on 31 January.

In the wake of the 1964 military coup, it was established that the President elected in April 1964 would serve until 31 January 1966. Marshal Castelo Branco subsequently extended his term until March 1967, by establishing that his successor would be inaugurated on 15 March 1967. On that same date, a new Constitution entered into force. Under the 1967 Constitution, 15 March remained as the presidential inauguration day.

With the adoption of Brazil's current Constitution, promulgated on 5 October 1988 in the wake of the country's transition to democracy, it was established in the permanent constitutional provisions that the presidential term of office would begin on 1 January.

The transitional constitutional provisions however stipulated that the mandate of the then serving President of the Republic would continue until he completed five years in office. Accordingly, the transitional provisions of the Constitution established that the first presidential elections under the Constitution, by direct popular ballot, would be held in 1989 and that the President and Vice-President elect would be sworn-in on 15 March 1990. A 1993 Constitutional Amendment reduced the presidential term of office from five to four years. Accordingly, President Collor, the first President elected under the 1988 Constitution was sworn-in on 15 March 1990, but his presidential term would only end on 31 December 1995. Collor resigned the presidency in December 1992 and, was succeeded by Itamar Franco. His term of office was shortened by the Constitutional Amendment that reduced the duration of presidential terms from five to four years. As a result, Itamar Franco served until 31 December 1994, and, since 1995, Inauguration Day has been on 1 January as dictated by the permanent provisions of the Federal Constitution. Fernando Henrique Cardoso was the first President of Brazil to be inaugurated on January 1, the current Inauguration Day under the permanent provisions of the Constitution adopted in 1988.