The enforcement of the 1937 Constitution and its use for the compulsory retirement of civil servants, military personnel, and magistrates.

Abstract

This essay aims the 1937 Constitution with regard to the compulsory retirement of civil and military civil servants, including judges, by chief of government, without the need for factual justification under the terms of art. 177. Discusses the practical existence and effectiveness of the Brazilian Constitution of 1937 and its application during the Estado Novo period. It deals with its legal application and its management for the removal of public servants. Also on the understanding of the Federal Supreme Court of Brazil on the subject at the time. It concludes by the application, effectiveness and practical importance of the Constitution of 1937 and by its wide use for the compulsory retirement of stable civil servants, including magistrates, with the confirmation of these acts by the Federal Supreme Court, which interpreted the device in a way to give the widest possible applicability of this faculty to the executive power.