Brazil’s Open Door to Repeat Presidents

Luiz Inácio Lula da Silva is currently serving his third term as president of Brazil. How’s that possible when, in the US, a president is limited to just two terms? The answer lies in the subtle differences between the texts of the US and Brazilian constitutions.

The 22nd Amendment of the US Constitution sets the term limit for the president. It states, “No person shall be elected to the office of the President more than twice.” This effectively caps a president’s tenure at eight years, considering each term is four years.

In contrast, Brazil’s constitution offers a different approach. Article 82 states, “The term of office of the President of the Republic is four years,” and Article 14, Paragraph 5 adds, “The President of the Republic…may be reelected for only one subsequent term.” This wording allows a person to serve more than two terms, just not consecutively.

For example, a president who served from 2003 to 2011 must sit out at least one election cycle before running again. But after the four-year break, they could potentially serve another term starting in 2015. This cycle could theoretically continue, allowing for the possibility of multiple non-consecutive presidential terms over time.

This is precisely what President Lula did. He served two consecutive four-year terms. He then took a 12-year hiatus and was elected again. This arrangement not only allows Lula to be president again but also opens the possibility for him and potentially other leaders to have a prolonged influence on Brazilian politics.