Brazil is a legal democratic state founded on sovereignty, citizenship, dignity of the human person, the social values of labour and of free enterprise, and political pluralism. All power emanates from the people, who exercise it by means of democratically elected representatives.

The present Constitution was formally promulgated on 5 October 1988 by a specially empowered National Congress. The 1988 Federal Constitution incorporates many new concepts ranging from environmental protection to political rights and social welfare. According to article 3 of the Constitution, the fundamental objectives of the Federative Republic of Brazil are: to build a free, just, and solidarity-based society; to guarantee national development; to eradicate poverty and substandard living conditions and to reduce social and regional inequalities; and to promote the well-being of all, without prejudice as to origin, race, sex, colour, age, and any other forms of discrimination. All persons are equal before the law, without any distinction whatsoever, Brazilians and foreigners residing in the country being ensured of inviolability of the rights to life, liberty, equality, security and property.

At the federal level of Government, there are three independent powers in the Brazilian presidential system, operating harmoniously among themselves under a system of checks and balances: the Executive, the Legislature, and the Judiciary (see below). At the state level, each State has its own government, with a structure that mirrors the Federal Government, enjoying all the powers (defined in its own constitution), which are not specifically reserved for the Federal Government or assigned to the Municipalities. The head of the state executive is the Governor, elected by direct popular vote. The one-chamber state legislature is a State Assembly. The state judiciary follows the federal pattern and has its jurisdiction defined so as to avoid any conflict or superimposition with the federal courts. At the municipal level, there are over 5,500 Municipalities that are autonomous in strictly local affairs.