Was Brazil’s 1937 Constitution Really the Polaca?

Resumen

The article applies a linguistic-doctrinal method to constitutional texts to verify the thesis that Brazil's 1937 Constitution, colloquially known as “Polaca,” received Poland's April Constitution of 1935. The comparison demonstrates specific borrowings from Poland: the three-part model of presidential legislative powers, the procedure for selecting the head of state involving an electoral college and potential popular vote, and the composition of the upper chamber with one-third presidential appointees. These borrowings extend beyond features common to authoritarian constitutions of the 1930s. Brazil's Constitution selectively adapted the Polish model. It rejected the principle of presidential accountability solely “before God and history,” preserving impeachment procedures and relying heavily on Portuguese-Italian corporatist patterns. The 1937 Constitution, in force during the Estado Novo period (1937-1945), constituted a hybrid: Polish instruments of presidential power were embedded in an Iberian vision of the corporatist state, adapted to federal realities. While documented, Polish influence was not dominant – the Brazilian act emerged as a synthesis of Polish solutions, Portuguese-Italian models, and the local needs of the Vargas dictatorship.

Enviado el (Submission Date): 28/09/2025

Aceptado el (Acceptance Date): 7/10/2025