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Suspension of rigths in post-independent Brazil: legal uncertainties, parliamentary surveillance and vulnerability of rights

ABSTRACT

The article aims to analyze the suspension of rights in Brazil’s representative constitutional monarchy, examining contemporary legislation regarding this issue, as well as its application under specific circumstances, especially when riots and rebellions rattled the country. The Brazilian Charter of 1824 determined the suspension of certain civil rights via its article 179, paragraph 35. The application of this legal clause was, however, limited to circumstances of rebellion, foreign invasions and imminent danger to the State. Between 1824 and 1842, the rights of Brazilian citizens were suspended in different localities affected by political unrest and popular movements.

KEYWORDS
Constitution; rights; civil unrest

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