Supreme Court rules on impeachment proceedings
Supreme Court bench
The Supreme Court (STF) rules Wednesday (Mar. 16) on the appeal in which Lower House Speaker Eduardo Cunha (member of the Brazilian Democratic Movement Party—PMDB) intends to change the proceedings rules of President Dilma Rousseff's impeachment, initiated in December last year.
Cunha defended again the secret voting for electing the special committee and the Senate's obligation to continue impeachment proceedings. According to the speaker, when accepted PCdoB's appeal, questioning the validity of the rules adopted by him, the Supreme Court interfered in the House's internal operation and restricted lawmaker's rights.
In December, the Supreme ruled that the Congress had to dissolve the House's special committee formed by lawmakers who tend to oppose the government. The committee will advise the lower house how to vote on proceedings.
Senate's autonomy
The Supreme Court has ruled on the Senate's ability to halt President Dilma Rousseff's impeachment proceedings before hearings begin. Thus, if two-thirds (342 votes) of the house back the process and accept the accusations made by lawyers Hélio Bicudo, Miguel Reale Júnior, and Janaína Paschoal of breaking fiscal laws, the Senate can decide to drop the case. Thus, Rousseff could have to step down for 180 days, as provided by law, after the senators' decision.
They have also ruled that a simple majority vote is required to decide on the continuity of impeachment proceedings in the Senate and vote for the president to temporarily step down the office. The final decision on definitely ousting Rousseff needs two-thirds of lawmakers' votes.
The Court has unanimously sentenced that President Dilma Rousseff has no right to prior defense before Lower House Speaker Eduardo Cunha's decision to initiate impeachment proceedings. However, the Supreme Court ensured that she should have the right to make a defense after the end of each stage of the process under the penalty of annulling the act in case Rousseff does not express her defense.
Translated by Amarílis Anchieta
Fonte: Supreme Court rules on impeachment proceedings
