Linhares, José

José Linhares

b. 28 Jan 1886, "Sinimbu", Baturité municipality, Ceará
d. 26 Jan 1957, Caxambú, Minas Gerais

Title: Presidente da República (President of the Republic)
Term: 30 Oct 1945 - 31 Jan 1946
Chronology: 30 Oct 1945, 02:45, took the oath of office, privately in the Ministry of War, Rio de Janeiro
  30 Oct 1945, 15:00, took the oath of office, publicly in Catete Palace, Rio de Janeiro
  31 Jan 1946, presidential functions expired
Biography:

Having abandoned medicine faculty, José Linhares studied law at Recife and São Paulo graduating in 1908. He pursued the career of lawyer in public institutions until he was appointed a chief judge of the Court of Appeals in Rio de Janeiro (30 Mar 1931). The next year, he was named a member of the Superior Tribunal for Electoral Justice (1932-1937). When President Getúlio Vargas announced the establishment of the New State (Estado Novo), Linhares was made a minister of the Supreme Federal Tribunal (Supremo Tribunal Federal, STF) (16 Dec 1937) and vice president of that body on 11 Nov 1940. In 1945 Linhares joined a commission created by Vargas to elaborate the new electoral legislation. On 28 May 1945 Linhares succeeded Eduardo Espinola as president of STF (26 May 1945 - 30 Oct 1945) and also assumed the presidency of Superior Electoral Tribunal (Tribunal Superior Eleitoral, TSE) (28 May 1945 - 30 Oct 1945). On 29 Oct 1945, Vargas was deposed by the armed forces led by war minister Pedro Aurélio de Góis Monteiro. In the absence of the constitutionally mandated successors, the National Congress having been dissolved, and in accordance with the demand of the National Democratic Union (União Democrática Nacional), "All power to the Judiciary", the military called on Linhares to assume the presidency. At 02:45 on 30 Oct 1945 he was installed in the Presidency of the Republic, where he was to remain until the installation of the elected candidates in January of the next year. The Linhares administration was a caretaker government with the main objective of securing transition to democratic government. Linhares lifted the state of emergency existing under the Vargas dictatorship, repealed the anti-trust law and disbanded the bodies of the old regime, National Security Tribunal and People's Economy Council. On 2 Dec 1945, the Brazilians cast their votes in the general election of president and the National Constituent Assembly. Linhares returned to exercising the duties of president of STF (2 Feb 1946 - 1949) and held this post again from 2 May 1951 to 28 Jan 1956. He was again president of TSE from 25 May 1946 to 3 Jul 1947. [1; 2]


[1] Dicionário Histórico-Biográfico Brasileiro (1984)
[2] "Supremo Tribunal de Justiça e Supremo Tribunal Federal: dados biográficos 1828-1978", by Laurenio Lago (Rio de Janeiro, Biblioteca do Exército-Editora, 1978).
  Image: contemporary photograph.
Last updated on: 26 Jun 2009 02:57:58