SenadodaCâmara(CadeiaVelha)

May 3, 1823, was a day of celebration in the city of Rio de Janeiro. The date marked the opening of Brazil's Constituent Assembly. An account from that time conveys the tone of euphoria and celebration surrounding this historic milestone:

Às 11 horas e meia [da manhã] uma salva de cento e um tiros, de todas as fortalezas, anunciou que D. Pedro I partira de São Cristóvão. Desde a ponte dos Marinheiros à Rua São Pedro da Cidade Nova, o Rocio Pequeno, o Campo da Aclamação, a Rua dos Ciganos, a Praça da Constituição, as ruas do Ouvidor, Direita e Largo do Paço juncadas de flores e folhas odoríferas, ornadas todas as portas e janelas de colchas de damasco e veludo. [...] Seguiam-se numerosas carruagens, com diversos funcionários e as damas de honor. Vivas e aplausos retumbavam nos ares, ao passar o cortejo, sendo sobre ele lançadas flores em profusão. Em sinal de prazer e entusiasmo, homens e senhoras agitavam os lenços

The idea of a constitution of Brazil's own had been growing among Rio residents ever since the course of the turbulent events that Rio de Janeiro went through in 1821 and 1822. Mobilizations led to the acceptance of the constitutional foundations by d. João VI and to his return to Portugal, as well as tensions between the prince regent and the orders coming from Lisbon, to name a few examples.

With the moment for the opening of the constituent works finally arrived, it was truly an occasion for the people of Rio de Janeiro to celebrate. After all, a Brazilian constitution represented a decisive step in the formation of a nation-state, legitimately constituted and, in fact, independent. Words from the emperor himself, Pedro I, about that 3rd of May:

É hoje o dia maior que o Brasil tem tido; dia em que ele pela primeira vez começa a mostrar ao mundo que é Império, e Império livre. Quão grande é meu prazer vendo juntos representantes de quase todas as províncias fazerem conhecer umas às outras seus interesses e sobre eles basearem uma justa e liberal constituição que as reja

However, far from representing a unified body, the 1823 Constituent Assembly was born divided, was short-lived, and ended, one might say, unfinished.

The assembly met where the former headquarters of the Senate of the Câmara of Rio de Janeiro used to operate, near the Paço Imperial. It was Martim Francisco de Andrada e Silva (brother of José Bonifácio), himself elected as a constituent deputy, who was responsible for turning the old mansion into the seat of the new chamber. The building was better known as “Cadeia Velha,” since, in addition to serving as a space for the deliberations of the Municipal Council, it had also been the city's jail since 1672. Among the many others held there was Ensign Joaquim José da Silva Xavier, known as Tiradentes, who was hanged in a public square on April 21, 1792.

Starting in 1808, the building began to be used as accommodation for a multitude of servants who arrived in Rio de Janeiro along with the royal family. The mansion received a footbridge that connected it to the Paço. The passage was demolished in 1822 as part of a series of renovations — which included new windows, staircases, tribunes, galleries, and the great hall, where the Constituent Assembly sessions would take place starting in 1823.

Figure 1 — Chamber of Deputies. Author unidentified, c.1880. Wikimedia Commons / Creative Commons

Image description: This is an old photograph of a three-story building. To the left, there is a shorter structure, while to the right stands a larger building. Both have windows with balconies. In the foreground, a street with tram tracks can be seen. The sky is clear and there are no people visible in the image.

Work began in early May, but at a slow pace. The representatives' inexperience contributed to the lack of progress on the bills, since the sessions were taken up by presentations, submissions of committee opinions, requests and private complaints, recommendations made to the government, and other matters that had more to do with local and bureaucratic issues than with anything useful for envisioning a constitution that would govern Brazil in all its complexity.

There was much to discuss. Besides the set of laws that would regulate Brazil's day-to-day life, the political model to be adopted by the empire was also at stake. The division between the branches of government was a sensitive topic — a true tug-of-war between the Legislative and the Executive. Within the Chamber, factions clashed with one another. While there were no parties as we know them today, there were alignments and convergences among lawmakers around common projects — rejecting certain proposals was also reason enough for deputies to band together.

The "moderate liberals" advocated for the monarchy, but sought to limit the emperor's ruling power — through an independent judiciary and greater prerogatives for the Chamber of Deputies. The "radical liberals," on the other hand, were almost all openly federalist — that is, they sought greater autonomy for the provinces, as opposed to a unitary State that would centralize powers in the emperor's hands — and even flirted with democratic principles, such as universal suffrage and the gradual abolition of slavery.

Despite their differences, the liberals — who came to be identified as the “Brazilian party” — allied themselves against the so-called “Portuguese party.” This group included not only native Portuguese but also nationals who advocated absolute powers for Pedro I. A third group among the constituents was made up of the “bonifácios.” These were figures close to José Bonifácio and his brothers, Antônio Carlos and Martim Francisco. They advocated a strong, centralized monarchy in Rio de Janeiro, but a constitutional one.

Figure 2 — Interior of the Chamber of Deputies [Notices of Brazil in 1828 and 1829: Volume II — pg.448]. Robert Walsh, 1830. Fundação Biblioteca Nacional [bndigital1069]

Image description: This is a photograph of a city with a mountainous landscape in the background. On the left side, we see a series of densely populated buildings, while on the right, there is a more open area with some smaller structures. In the center, there is a large green area, possibly a park or a square, surrounded by buildings. In the background, two distinct mountains stand out, one of them rounded in shape and the other more rectangular. The sky shows tones of orange and pink, with some scattered clouds. In the upper left, we see the sun shining.

The disputes were deepening. Although for different reasons, the exalted liberals and the members of the Portuguese party were fierce opponents of the parliamentarians close to the group of José Bonifácio and his brothers. Pedro I, meanwhile, was drawing closer to his Lusitanian countrymen, increasingly forming his ministry with Portuguese members. José Bonifácio, who had once been the emperor's chief advisor, was dismissed by d. Pedro and, from July 1823 onward, moved into the opposition, at times gaining the support of moderate liberals.

The atmosphere was tense. Among the controversial agenda items was a bill that, if passed, would ban foreigners — including the Portuguese — from taking part in the country's political life, whether as deputies or as senators. The climate of xenophobia between Brazilians and the Portuguese kept growing in the streets of Rio de Janeiro, fueled by newspapers championing a “Brasílica” cause, such as O Sentinela da Praia Grande and O Tamoyo — the latter linked to José Bonifácio himself. The situation reached its peak between November 11 and 12, when a Brazilian merchant was beaten by Portuguese guards over a misunderstanding. The episode was brought before the floor. A heated speech by Antônio Carlos de Andrada was cheered in the Chamber, in an anti-Lusitanian display that displeased (quite a lot!) Pedro I — who watched that provocation from the windows of the Palace.

The emperor, who had undeniably authoritarian traits, saw the episode as the last straw and decided to act. He ordered the soldiers to surround the Cadeia Velha building, forcing the parliamentarians to vacate the premises. The deputies staged a resistance, holding a vigil inside the Chamber — in an episode known as “the Night of Agony.” However, the action was to no avail. Six months after the festive opening ceremonies had enlivened Rio de Janeiro, the emperor ordered the closure of Brazil's first Constituent Assembly.

Image description: The image is an old print depicting an urban map. The spatial layout begins on the left with an area densely marked by streets and buildings, moving through a central region where two hills stand out, marked as "Morro do Castelo" and "Morro de S. António". On the right, there is a more open area with streets and smaller buildings. The colors are predominantly beige and brown, with some areas in black and white. There is no legible text beyond the descriptions provided.

A few months later, on March 25, 1824, the first (and longest-lasting) Brazilian constitution came into being, known as “a Outorgada” (“the Granted One”), for having been imposed by the emperor. The Cadeia Velha building had its functions as parliament reinaugurated in 1826. The street where the building was located, formerly “rua da Cadeia” [sic], came to be known by its current name, rua da Assembleia. The mansion remained as the Chamber of Deputies until 1922, when it was demolished to build the new headquarters, on the same site, of the Legislative Assembly of the State of Rio de Janeiro – inaugurated in 1926 and named with the symbolic name of Palácio Tiradentes.

Bibliographic References

ENDERS, Armelle. A história do Rio de Janeiro. Rio de Janeiro: Gryphus Editora, 2015.

MARSON, Izabel Andrade; OLIVEIRA, Cecília Helena L. de Salles (Orgs.). Monarquia, liberalismo e negócios no Brasil: 1780-1860. São Paulo: Edusp, 2013.

PEDREIRA, Jorge Miguel Viana; COSTA, Fernando Dores. D. João VI: a prince between two continents. São Paulo: Companhia das Letras, 2008.

SHULTZ, Kristen. Tropical Versailles: Empire, monarchy, and the Portuguese royal Court in Rio de Janeiro, 1808-1821. Rio de Janeiro: Civilização Brasileira, 2008.