STF begins publishing decision rite of impeachment Judgment about Rite impeachment process

STF begins publishing decision rite of impeachment
Judgment about Rite impeachment process

8 17
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STF begins publishing decision rite of impeachment
Judgment about Rite impeachment process

MÁRCIO HAWK
FROM BRASILIA

03/07/2016 14h17
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The Supreme Court (Supreme Court) began publishing on Monday (7) the outcome of the trial that defined the rite of impeachment President Dilma Rousseff in Congress.

The text, which provides a summary of the session, was published in the Electronic Court Gazette. On Tuesday (8), will be published a judgment complement to the full of the votes of the ministers reviewed.

It is from the publication of the entire judgment of the content that the parties may appeal within five days of the decision of the Supreme questioning any omissions, contradictions and obscurities.

In early February, however, the House command came to appeal to the Supreme Court asking for review of the main points of the judgment on the conduct of the PT process. Some ministers said the trend was that the appeal be denied, since the Chamber anticipated steps.

Now, the Minister Luís Roberto Barroso will decide it take to vote the Chamber of appeal before the document with the summary of the session or asks the House to speak whether or not to present a new challenge to the court.

In the 2015 judgment, the Supreme Court overturned the pro-clearance committee that had been formed in the House and gave more power to the Senate in the process. Most ministers understood that it is not a secret ballot, as had defined Cunha, to the Special Committee election that will be responsible for drawing up an opinion for the continuation or not of Rousseff's dismissal request in the House.

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The Supreme Court also established that the Senate is not required to initiate the impeachment case shall authorize (with approval of 342 of the 513 deputies) to open the proceedings. For ministers, the Chamber authorizes admits the process, but it is up to the Senate to decide on the establishment.

Thus, from the commencement of proceedings by a simple majority (half plus one, present 41 of the 81 senators) in the Senate, the president would be removed from office for up to 180 days, until the final judgment. The loss of the mandate would depend on 54 senators approval. The final word for the removal of Dilma Senate pleases the Plateau.

In more than 50 resource pages, the Chamber critical judgment of the Supreme. "Never in the history of the Supreme Court decided by a profound intervention in the internal workings of the House of Representatives, restricting even the right of parliamentarians."

"The facts and history can not be manipulated and purposefully directed to erroneous, hasty and serious conclusions. Perhaps you have not noticed the relevance of this decision not only about the impeachment process itself, but the institutional future of the House of Representatives, or the Parliament ".

Cunha also justified the decision to join the lawsuit before the announcement of the results and pointed out that the measure is the "defense of freedom of the Chamber to practice their internal acts, without interference of the judiciary."

"It is important to note that the submission immediately of requests for clarification is justified because the decisive matter is unprecedented, relevantíssima from an institutional point of view, and led to a shift in the jurisprudence of this Court as to the intervention in corporis internal matters of another Power of the Republic" .