The minister of the (Supreme Federal Court) changed this Wednesday (3) rules on the impeachment of court magistrates.
According to the Constitution, it is responsible for prosecuting and judging ministers in crimes of responsibility. The Impeachment Law (law no. 1,079/1950) regulates the trial process.
Gilmar monocratically decided to change some rules, such as article 41 of this law, which establishes that every citizen can report a court judge to the Senate.
The minister determined that only the (Attorney General of the Republic) can do so, in addition to establishing other changes. The changes still require a referendum by the STF plenary.
Understand the rules for impeachment of court ministers and what changed with Gilmar’s decision.
The rules for the removal of ministers
The power to prosecute and judge lies with the Senate, but any citizen can make a complaint.
Impeachment can occur in the case of crimes of responsibility such as:
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Change a decision or vote already given in a court session, unless by appeal;
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Give judgment when, by law, he is a suspect in the case;
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Carry out party political activity;
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Be negligent in fulfilling your duties;
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Acting in a way that is incompatible with honor, dignity and decorum.
The complaint is received by the Senate Bureau and sent to a special committee, which issues an opinion on whether it should be judged or not.
The opinion is discussed by congressmen and approved if it receives a simple majority of votes. Otherwise, the complaint is archived.
If approved, the panel sends a copy to the accused, with space for accusation, defense and discussion. The minister is suspended from performing his duties and loses a third of his salary until the end of the sentence.
The trial is carried out by nominal vote in which two thirds of the senators present must vote for impeachment. If convicted, the judge leaves office. If acquitted, he is reappointed with the right to part of the lost wages.
Gilmar’s changes
Gilmar Mendes suspended some articles of the law that regulates the impeachment process this Wednesday. The judge argued that the instrument cannot be used as a form of intimidation and tightened some requirements.
He increased the quorum necessary to open the process, from a simple majority — which, in practice, could only require the vote of 21 senators — to a two-thirds quorum.
Furthermore, he argued that the complaint should be the exclusive responsibility of the PGR. “The Head of the Public Ministry of the Union, as an inspector (CF, art. 127, caput) of the legal order, has the capacity to assess, from a strictly legal perspective, the existence of concrete elements that justify the initiation of an impeachment procedure”, he pointed out in the decision.
The judge also understood that the impeachment process cannot be initiated based on the merit of the ministers’ decisions, and followed the PGR’s opinion regarding the non-reception of articles on the temporary removal of judges.
