The decree of house arrest of former President Jair Bolsonaro (PL) by Minister Alexandre de Moraes of the Federal Supreme Court (STF) triggered an opposition offensive to try to enforce an impeachment request against the magistrate.
According to opposition leaders, enough to approve the opening of the process. However, the advance depends on the decision of Senate President David Alcolumbre (Union-AP), who has so far been positioned against the subject.
The president of the house has already signaled, for more than once, that the pressure will have no effect as the progress of the procedures depends, at this first, a legal technical analysis by the Senate lawyers, who will determine if the requests have formal support.
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What the Constitution says
Article 52 of the Federal Constitution establishes that it is up to the Senate to process and judge STF ministers for liability crimes. The complaint can be submitted by any citizen and must be sent to the Board of Directors, who decides for filing or proving.
Crimes of responsibility are not criminal, but political in nature. Among the conduct provided for in Law 1,079/1950 are:
- change decision already rendered without legal basis;
- Perform political-party activity;
- act incompatible with honor and decorum of office;
- be disadvantaged in the fulfillment of duties.
Possible sanctions include loss of office and ineligibility.
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What is the role of the Senate in impeachment?
If the Senate President accepts the complaint, a special committee is formed to issue an opinion within ten days. The text needs to be approved by a simple majority (41 senators) in plenary so that the minister is removed for up to 180 days.
Following, the Senate comes to act as a court, with political-legal judgment chaired by Alcolumbre himself. For definitive cassation, 54 votes are required, equivalent to two thirds of the senators.
Above cases
In recent history, no STF minister has been dismissed by impeachment. The only precedent occurred before the 1988 Constitution, when Minister Barata Ribeiro, appointed in 1893 by Floriano Peixoto, had his nomination barred by the Senate for not fulfilling the requirement of “remarkable legal knowledge”.
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Lack of political climate
The president of the PP, Senator Ciro Nogueira (PI), said on Thursday (7) that against Minister Alexandre de Moraes of the Supreme Court (STF) in the Senate.
“There is no possibility. It is not the attribution of the senators, the majority. It is an attribution given to the president of Congress, David Alcolumbre, who has said that it may have 80 senators supporting that he will not open the process,” Nogueira said in an interview with GloboNews.
