Of the 15 senators from Social Democratic Party (PSD), only two people took a public stance in support of opening the process. overthrow from the minister Federal Supreme Court (STF) Alexandre de Moraes.
As of Tuesday 17th evening, only Senators Otto Alencar (BA) and Omar Aziz (AM) from PSD had spoken. overthrow de Moraes. The president of Casa Alta, Rodrigo Pacheco (MG), was one of those who did not take a position, nor did he explain which direction the request would take.
They also did not take a public stance on the matter. overthrow:
- Angelo Colonel (BA)
- Good Camacho (MA)
- Daniella Ribeiro (PB)
- Irajá Abreu (TO)
- Five Pillars (PI)
- Maria Gabrielli (SP)
- Margareth Buzetti (MT)
- Sergio Petecao (AC)
- Zenaide Maia (RN)
On September 9, a popular petition with more than 3.4 million signatories and a petition from parliamentarians were submitted to the Board of Directors of the Federal Senate for overthrow from Moraes.
The petition filed by opposition deputies and senators details the justification collected over more than five years, since the launch of the investigation into the case. fake news and digital militia.
The allegations include the blocking of the Twitter/X platform in Brazil and the use of the Superior Electoral Court for political persecution. The request was prepared by Senator Eduardo Girão (Novo-CE) and includes 14 topics that support the possible opening of a process to dismiss the STF minister.
Hypothesis for overthrow from Moraes
The law governing the process overthrow originated in 1950 and suggests five hypotheses for the dismissal of STF ministers. They are:
- change, in any way, except by appeal, a decision or vote already rendered;
- make a decision if according to the law he is a suspect in the case;
- carry out party political activities;
- negligent in carrying out his duties; And
- acting in a manner inconsistent with the honor, dignity and propriety of their duties.
If the Senate president accepts the request, the process overthrow. “After the complaint has been received by the Senate, it shall be read at its next session and sent to a special committee, which shall be selected to give its opinion,” the law reads.
Also read: “Interview with Moraes’ Ex”, article by Augusto Nunes published in Revista Oeste Issue 233
The commission must meet within 48 hours and elect a president and a rapporteur. Within ten days, senators must produce an opinion “whether or not the complaint should be considered.”
If the DPR considers the complaint to be valid, the accused will be temporarily suspended from carrying out his duties until the final sentence, with criminal charges and will lose, until the final sentence, one third of his salary, which will be paid in the case of acquittal.
Decision on this case
After all processes are completed, the Senate plenary meets for a session. overthrow. The President will read the case and then those present will listen to the witnesses in the case.
“The accuser and the accused, or their attorneys, may cross-examine witnesses, challenge them without interruption and request confrontation,” the law states. “Any senator may request that any question be asked that he deems necessary.”
There is oral debate and, subsequently, a vote, which is nominal. Senators must answer “yes” or “no” to the following question: “Did the defendant commit the crime charged and should he be sentenced to be deprived of office?”
If an affirmative answer is obtained by at least two-thirds of the senators present, a new deliberation will be held in a plenary session regarding the period of time the convict must be disqualified from carrying out public functions. This time it cannot be more than five years.
A column Appropriate analyzes and provides daily information on everything that happens behind the scenes of power in Brazil and that can affect the direction of politics and the economy. To submit topic suggestions and reports, contact our team via email [email protected].
