Diferenças entre edições de "Constituição da República da Polônia"

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{{em tradução|:en:Constitution of the Republic of Poland}}
A '''Constituição da República da Polônia''' de [[2 de abril]] de [[1997]] é a atual [[constituição]] da [[Polônia]]. Este texto substituiu emendas temporárias instituídas em 1992, concebidas para anular os efeitos do sistema [[comunista]], estabelecendo a nação como um "estado democrático regido pela lei e implementando os princípios da justiça social". Foi adotada pela Assembléia Nacional e aprovada por um ''[[referendum]]'' nacional em 25 de maio de 1997, entrando em vigor em 17 de outubro de 1997.
[[Poland]] has had numerous previous constitutional acts during [[History of Poland|its long history]]. Historically, the most significant is probably the [[May Constitution of Poland|May Constitution]] adopted on [[May 3]], [[1791]], the first modern constitution of [[Europe]] and the second in the world, after the constitution of the [[USA]].
==Current constitution (1997)==
===New character of the nation===
The five years after [[1992]] were spent in dialogue about the new character of Poland. The nation had changed significantly since [[1952]] when the [[Constitution of the People's Republic of Poland]] was instituted. A new consensus was needed on how to acknowledge the awkward parts of [[Polish history]]; the transformation from a [[Single-party state|single-party]] system into a [[Multi-party system|multi-party]] one and from [[socialism]] towards a [[free market]] [[economic system]]; and the rise of [[Pluralism (political philosophy)|pluralism]] alongside Poland's historically [[Roman Catholic]] [[culture]].
===Casting off the old===
The attitude toward the past was articulated in the preamble, in which the citizens of Poland established a Republic ''"Recalling the best traditions of the [[Polish-Lithuanian Commonwealth|First]] and the [[Second Polish Republic|Second Republic]], Obliged to bequeath to future generations all that is valuable from our over one thousand years' heritage ... Mindful of the bitter experiences of the times when fundamental freedoms and human rights were violated in our Homeland, ..."''.
Many articles were written explicitly to rectify the wrongs of previous governments. In response to communist-era [[collective farming]], Article 23 established the [[family farm]] as the basis of the agricultural economy. Article 74 requires public [[official]]s to pursue ecologically sound public policy. Articles 39 and 40 prohibit the practices of forced medical experimentation, forbidding [[torture]] and [[corporal punishment]], while Articles 50 and 59 acknowledge the inviolability of the home, the right to form [[trade union]]s, and to [[Strike action|strike]].
===Tradition versus pluralism===
Those involved in drafting the document were not interested in creating a ''de facto'' Catholic Poland. That said, nods were given in the direction of the church, to the effect of protecting common morality. For example, in Article 18, marriage is granted the protection of the state, and in Article 53, freedom of religion, religious education, and religious upbringing are protected.
The preamble emphasizes freedom of religion or disbelief: ''"We, the Polish Nation - all citizens of the Republic, Both those who believe in God as the source of truth, justice, good and beauty, As well as those not sharing such faith but respecting those [[universal value]]s as arising from other sources..."''. Article 25 provides further protection, that public officials ''"shall be impartial in matters of personal conviction, whether religious or philosophical, or in relation to outlooks on life, and shall ensure their freedom of expression within public life."''
Other aspects include the affirmation of the political equality of man and woman in Article 32, and the affirmation of freedom of ethnic minorities to advance and develop their culture, in Article 35.
Having regard for the existence and future of our Homeland,<br>
Which recovered, in 1989, the possibility of a sovereign and democratic determination of its fate,<br>
We, the Polish Nation - all citizens of the [[Rzeczpospolita|Republic]],<br>
Both those who believe in God as the source of truth, justice, good and beauty,<br>
As well as those not sharing such faith but respecting those universal values as arising from other sources,<br>
Equal in rights and obligations towards the common good - Poland,<br>
Beholden to our ancestors for their labors, their struggle for independence achieved at great sacrifice, for our culture rooted in the Christian heritage of the Nation and in universal human values,<br>
Recalling the best traditions of the [[Polish-Lithuanian Commonwealth|First]] and the [[Second Polish Republic|Second Republic]],<br>
Obliged to bequeath to future generations all that is valuable from our over one thousand years' heritage,<br>
Bound in community with our [[Polônia|compatriots]] dispersed throughout the world,<br>
Aware of the need for cooperation with all countries for the good of the Human Family,<br>
Mindful of the bitter experiences of the times when fundamental freedoms and human rights were violated in our Homeland,<br>
Desiring to guarantee the rights of the citizens for all time, and to ensure diligence and efficiency in the work of public bodies,<br>
Recognizing our responsibility before God or our own consciences,<br>
Hereby establish this Constitution of the Republic of Poland as the basic law for the State, based on respect for freedom and justice, cooperation between the public powers, social dialogue as well as on the principle of subsidiarity in the strengthening the powers of citizens and their communities.<br>
We call upon all those who will apply this Constitution for the good of the Third Republic to do so paying respect to the inherent dignity of the person, his or her right to freedom, the obligation of solidarity with others, and respect for these principles as the unshakeable foundation of the Republic of Poland.
==Historical constitutions==
===[[Kingdom of Poland (1385–1569)|Kingdom of Poland]] and the [[Polish-Lithuanian Commonwealth]]===
{{main|Golden Freedom}}
The first major privilege was granted in [[Košice]] by [[Louis I of Hungary|Louis Andegavin]] on September 17, 1374. In order to guarantee the Polish throne for his daughter [[Jadwiga of Poland|Jadwiga]], he agreed to abolish all but one tax the ''szlachta'' was supposed to pay. The ''[[Koszyce Privilege]]'' also forbade the king to grant official posts and major Polish castles to foreign knights, and obliged him to pay indemnities to nobles injured or taken captive during a war outside Polish borders.
The privileges granted by [[Ladislaus II of Poland|Ladislaus II]] at Brześć Kujawski (April 25, 1425), Jedlnia (March 4, 1430) and [[Kraków]] (January 9, 1433) introduced or confirmed the rule known as [[Neminem captivabimus|''Neminem captivabimus nisi iure victum'']] which prevented a noble from being arrested unless found guilty. On May 2, 1447 the same king issued the ''[[Wilno Privilege]]'' which gave the [[Grand Duchy of Lithuania|Lithuanian]] [[boyar]]s the same rights as those possessed by the Polish ''szlachta''.
In September and October of [[1454]] [[Casimir IV of Poland|Casimir IV]] granted the ''[[Cerkwica and Nieszawa Privileges]]'' which forbade the king to set new taxes, laws or draft nobles for war unless he had the consent of local diets (''sejmiki''). These privileges were demanded by the ''szlachta'' as a compensation for their participation in the [[Thirteen Years' War (1454–66)|Thirteen Years' War]]. As a compensation for the unsuccessful incursion on [[Moldavia]] which had decimated the ''szlachta'', [[John I of Poland|John Albert]] granted the ''[[Piotrków Privilege]]'' on April 26, 1496 which prohibited [[serf]]s from leaving their owners' land, and banned city dwellers from buying land.
In the spring of [[1505]] king [[Alexander of Poland|Alexander]] signed a bill adopted by the [[Sejm|Diet]] of [[Radom]] known as ''[[Nihil novi]] nisi commune consensu'' ("Nothing new without a common agreement"). The ''Nihil novi'' act transferred legislative power from the king to the Diet (''[[Sejm]]''), or Polish parliament. This date marked the beginning of the First ''[[Rzeczpospolita]]'', the period of a ''szlachta''-run "republic".
Until the death of [[Sigismund II of Poland|Sigismund Augustus]], the last king of the [[Jagiellonian]] dynasty, monarchs could only be elected from within the royal family. However, starting from [[1573]], practically any Polish noble or foreigner of royal blood could become a [[Polish-Lithuanian Commonwealth|Polish-Lithuanian]] monarch. Every newly elected king was supposed to sign two documents - the ''[[Pacta conventa (Poland)|Pacta conventa]]'' ("agreed pacts") - a confirmation of the king's pre-election promises, and ''[[Henrican articles]]'' (''artykuły henrykowskie'', named after the first freely elected king, [[Henry III of France|Henry of Valois]]). The latter document served as a virtual Polish constitution and contained the basic laws of the Commonwealth:
*free election of kings;
*[[Religious freedom in Poland|religious tolerance]];
*the Diet to be gathered every two years;
*foreign policy controlled by the Diet;
*a royal advisory council chosen by the Diet;
*official posts restricted to Polish and Lithuanian nobles;
*taxes and monopolies set up by the Diet only;
*nobles' right to disobey the king should he break any of these laws.
In the 18th century, the introduction of [[Cardinal Laws]] in 1768 was an important step towards codifying the existing Polish law.
===May Constitution, 1791===
{{main|May Constitution of Poland}}
[[Image:Konstytucja 3 Maja.jpg|right|thumb|350px|''May 3rd Constitution'' (painting by [[Jan Matejko]], [[1891]]). King Stanisław August (left, in regal [[ermine]]-trimmed cloak), enters [[St. John's Cathedral, Warsaw|St. John's Cathedral]], where [[Sejm]] deputies will swear to uphold the new [[Constitution]]; in background, [[Warsaw's Royal Castle]], where the Constitution has just been adopted.]]
==As mudanças ==
Depois das mudanças introduzidas em 1992 transcorreu um período de debates sobre o novo caráter da Polônia. A nação havia mudado significativamente desde 1952, quando fora instituída a ''Constituição da República Popular da Polônia''. Foi então reconhecida a necessidade de se contextualizar as transformações envolvidas na passagem de um sistema de partido único para outro multipartidário, de um modelo comunista para a [[economia de mercado]] livre, e de uma cultura fortemente influenciada pelo [[Catolicismo]] para outra pluralista.
The [[Polish Constitution of May 3, 1791]] ({{lang-pl|Konstytucja Trzeciego Maja}}) was [[Europe]]'s first modern [[Codification (law)|codified]] national [[constitution]]. It was instituted by the [[Government Act]] (Polish: ''Ustawa rządowa'') adopted on that date by the [[Sejm]] ([[parliament]]) of the [[Polish-Lithuanian Commonwealth]]. It was designed to redress long-standing political defects of the [[federation|federative]] Polish-Lithuanian Commonwealth and its [[Golden Liberty]]. The Constitution introduced political equality between [[townspeople]] and [[nobility]] (''[[szlachta]]'') and placed the [[peasant]]s under the protection of the government,{{ref|Chlopi}} thus mitigating the worst abuses of [[serfdom]]. The Constitution abolished pernicious parliamentary institutions such as the ''[[liberum veto]]'', which at one time had placed the [[sejm]] at the mercy of any deputy who might choose, or be [[bribery|bribed]] by an interest or foreign power, to undo all the [[legislation]] that had been passed by that sejm. The May 3rd Constitution sought to supplant the existing anarchy fostered by some of the country's [[reactionary]] [[magnate]]s, with a more [[Egalitarianism|egalitarian]] and [[democracy|democratic]] [[constitutional monarchy]].
The adoption of the May 3rd Constitution provoked the active hostility of the Polish Commonwealth's neighbors. In the [[War in Defense of the Constitution]] (1792), Poland was betrayed by its [[Prussia]]n ally [[Frederick William II of Prussia|Frederick William II]] and defeated by the [[Imperial Russia]] of [[Catherine II of Russia|Catherine the Great]], allied with the [[Targowica Confederation]], a cabal of Polish magnates who opposed reforms that might weaken their influence. Despite the defeat, and the subsequent [[Second Partition of Poland]], the May 3rd Constitution influenced later [[democratic movement]]s in the world. Ultimately, Prussia, Austria and Russia partitioned Poland in [[1795]]. It remained, after the demise of the Polish Republic in 1795, over the next 123 years of [[Partitions of Poland|Polish partitions]], a beacon in the struggle to restore Polish sovereignty. In the words of two of its co-authors, [[Ignacy Potocki]] and [[Hugo Kołłątaj]], it was "the last will and testament of the expiring Fatherland."
===19th century===
O seu passado foi evocado no preâmbulo, "lembrando as melhores tradições da Primeira e da Segunda República, obrigados a deixar para as gerações futuras tudo o que é valioso de nossa história milenar... cientes das experiências amargas dos tempos quando as liberdades fundamentais e os direitos humanos foram violados em nossa Pátria..."
*[[Duchy of Warsaw]], 1806 [http://poland.pl/cms/print.htm?id=11572], [http://www.law.uj.edu.pl/users/khpp/fontesu/1807.htm]
*[[Constitution of the Kingdom of Poland]], 1815
*[[Free City of Kraków|Constitution of the Free City of Kraków]], 1815
==Inter-war period==
Muitos artigos foram escritos explicitamente para retificar erros dos governos anteriores. Em resposta à era comunista da propriedade coletiva da terra, o artigo 23 estabeleceu a fazenda familiar como a base da [[economia]] agrícola. O artigo 74 determina o emprego de servidores públicos para desenvolverem políticas [[ecologia|ecológicas]] públicas em bases consistentes. Os artigos 39 e 40 proíbem a realização de experimentos médicos forçados, a tortura e a punição física, e os artigos 50 a 59 reconhecem a inviolabilidade do lar, o direito à formação de associações comerciais e o direito à [[greve]].
[[Second Polish Republic]] had three constitutions. They were, in historical order:
*[[Small Constitution of 1919|Small Constitution]], 1919
*[[March Constitution]], 1921
*[[April Constitution]], 1935
==Post-war period until 1989==
Os elaboradores do documento não se interessaram em reafirmar oficialmente a tradição católica, mas a contribuição da religião ficou evidente na proteção estatal do [[casamento]], dos valores [[moral|morais]] e da educação religiosa. Por outro lado, foi concedida liberdade de religião, e os servidores públicos ficam obrigados a manter posição neutra em questões de convicção religiosa ou filosófica, devendo também proteger sua livre expressão mesmo na vida pública. Se estabeleceram ainda a igualdade entre homens e mulheres e o direito das minorias [[etnia|étnicas]] desenvolverem suas culturas peculiares.
The [[PKWN Manifesto|Manifesto]] of the [[Polish Committee of National Liberation]] condemned the April Constitution of 1935 as "unlawful and fascist" and stated that the March Constitution of 1921 would be the Polish constitution until a new one could be written. The new constitution was the [[Small Constitution of 1947]], later succeeded by the [[Constitution of the People's Republic of Poland]] in 1952.
==Post-1989 period==
Prior to the current 1997 Constitution, country was governed by the [[Small Constitution of 1992]], which amended the main articles of the Constitution of the People's Republic of Poland and formed the legal basis of the Polish State between 1992 and 1997.
== {{Ver também}} ==
* [[Anexo:Lista das Constituições Nacionais]]
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