Power moderator

The moderating power was one of the four state powers, established by the Brazilian Constitution of 1824 and by the Portuguese Constitutional Charter of 1826 (both exits from the fist of Emperor D. Pedro I).

The construction idealized by the Frenchman Benjamin Constant, preaches the existence of four powers, along with the Executive, legislative and judicial, the moderating power that will be in charge of the balance of the others. The way in which it was designed, is placed hierarchically above the other powers of the state.

This power is personal and private to the Emperor, assisted by a Council of State. D. Pedro I (and later his son Pedro II) was the exclusive and private holder, with the attribution of freely naming and removing ministers of state, such as the Chief Executive, exercising the power of the latter through "his ministers of state", who, with the moderating power, granted him free appointment and resignation. In 1846 parliamentarism was installed, thus reducing the moderating power "In the face of letters explicitly," says Octavio Tarquinio de Sousa, "who placed the monarch in a position clearly different from the king of the classical constitutional order, and written to fulfill the monarch's recommendations and wishes, only thanks to the strength and contagion of a political doctrine that has dominated the model countries of our institutions and the courage and tenacity of men like Bernardo Pereira de Vasconcelos, Brazil would come to lower the authoritarianism of King Pedro I and establish with the passage of time (...) parliamentarism ". This happened especially after 1862 and the relative success was undoubtedly the temperament and education of D. Pedro II.

In Portugal, it was the sovereign prerogative of the constitutional regime until 1910.

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