Moderating power (Empire of Brazil)
The Moderating Power (Portuguese: Poder Moderador) was a unique constitutional concept in the Empire of Brazil (1822-1889), granting the Emperor ultimate authority over the other branches of government: the Executive, Legislative, and Judiciary. It was theoretically intended to act as a check and balance, maintaining stability and preventing any single branch from becoming overly powerful.
The concept, derived from the writings of Benjamin Constant, positioned the Emperor as a neutral arbiter above partisan politics. He was not directly involved in the day-to-day governance managed by the Executive branch (the Council of Ministers), but held the power to intervene in critical situations.
The specific powers granted to the Emperor under the Moderating Power included:
- Appointing and dismissing ministers: The Emperor could choose the Prime Minister and other ministers, and could dismiss them even if they held the confidence of the Chamber of Deputies (the lower house of the legislature).
- Dissolving the Chamber of Deputies: The Emperor could dissolve the Chamber, forcing new elections. This was a significant power, used on several occasions to overcome legislative gridlock or to install a government more aligned with his policies.
- Sanctioning (vetoing) legislation: While the Chamber of Deputies and the Senate passed laws, the Emperor held the final say, able to refuse to sanction legislation.
- Granting amnesties and pardons: The Emperor could grant pardons to criminals and offer amnesties for political offenses.
- Appointing senators for life: Although senators were initially elected, the Emperor could appoint senators for life from a list of three candidates presented to him after each election. Over time, lifetime appointees became a significant bloc in the Senate.
Critics of the Moderating Power argued that it concentrated excessive power in the hands of the Emperor, undermining the principles of separation of powers and representative government. They saw it as a tool to maintain the Emperor's personal rule and to suppress political opposition. Supporters, however, maintained that it was essential for preventing instability and maintaining order in a diverse and politically volatile nation.
The Moderating Power was abolished with the proclamation of the Republic in 1889.