Moraes’ impeachment is registered in the Senate system

The impeachment request against STF (Supreme Federal Court) minister Alexandre de Moraes made by opposition congressmen to the president Luiz Inacio Lula da Silva (PT) arrived in the Senate system this Tuesday (10.Sep.2024). The request was delivered to the president of the Upper House, Rodrigo Pacheco (PSD-MG), 1 day before.

The document is 53 pages long and details what opposition members consider to be “crimes of responsibility” of the minister. Read the full of the impeachment request (PDF – 43 MB).

Around 150 congressmen are in favor of Moraes’ impeachment. In parallel to the request, a virtual petition has around 1.4 million signatures as of Tuesday night (10.Sep).

The opposition also asks Pacheco to set up a special commission to investigate Moraes’ conduct against right-wing politicians.

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UNDERSTAND

The impeachment process gained momentum among the opposition after messages were made public indicating the unofficial use of the TSE (Superior Electoral Court) to support investigations against Bolsonaro supporters when Moraes was president of the Electoral Court. The blocking of X, ordered by the judge on August 30, also increased pressure on the minister.

The delivery was made by deputies and senators in person at Pacheco’s office, in a political gesture. The objective is to pressure the senator from Minas Gerais to move forward with the request for Moraes’ impeachment, since the analysis of the request is the responsibility of the Upper House.

Upon receiving the request from the Bolsonarists, Pacheco said that he will have a “reasoned decision” that will consider “technical and political criteria”.

The request is led by the deputies Bia Kicis (PL-DF), Carol DeToni (PL-SC) and Marcel Van Hattem (Novo-RS) and judge Sebastião Coelho.

Although many deputies support Moraes’ impeachment, this has more symbolic than practical political weight.

The impeachment process of STF ministers must be initiated in the Senate. If Pacheco decide to move forward with the process, the trial will be the sole responsibility of the senators, without the direct influence of the deputies.

This digital newspaper published that the Pacheco’s chance of scheduling the request is “zero”. Despite not participating in the analysis of the dismissal of Supreme Court ministers, the signatures of the deputies put pressure on the senator to take some action.

IMPEACHMENT

The impeachment procedure for a Supreme Court justice is similar to that used for presidents of the Republic. This would be an unprecedented situation, as no Supreme Court justice has ever been removed from office.

One of the differences is who initiates the process. In the case of presidents, the request must be accepted by the leader of the Chamber of Deputies. For Supreme Court justices, it must be accepted by whoever is in charge of the Senate. Today, it is Pacheco.

The law that regulates the impeachment process dates back to 1950. The text indicates 5 hypotheses for a Supreme Court justice to be removed from office. They are:

• to change, in any way, except by way of appeal, the decision or vote already given in a Court session;
• to pass judgment when, by law, he is suspected in the case;
• engage in political-party activity;
• be patently negligent (act negligently) in the performance of the duties of the office;
• behave in a manner incompatible with the honor, dignity and decorum of their functions.

If the president of the Senate accepts the request, the impeachment process begins. “Once the complaint is received by the Senate board, it will be read during the next session and forwarded to a special committee, elected to give its opinion on it,” the law states.

This committee must meet within 48 hours and elect a president and rapporteur. Within 10 days, an opinion must be produced “on whether or not the complaint should be considered subject to deliberation.”

If the House considers the complaint to be admissible, the accused will:

• be suspended from exercising his functions until the final sentence;
• be subject to criminal prosecution;
• lose, until the final sentence, 1/3 of the salary, which will be paid to him in the event of acquittal.

After all this procedure, the Senate plenary meets for the impeachment trial. The proceedings will be read and then those present will hear witnesses in the case.

“The accuser and the accused, or their attorneys, may cross-examine the witnesses, challenge them without interrupting them, and request their confrontation. Any senator may request that any questions he deems necessary be asked.”says the law.

There is an oral debate and then the vote itself, which will be nominal. Senators must respond “Yes” or “no” to the following question: “Did the accused commit the crime he is charged with and should he be sentenced to the loss of his position?”.

If the affirmative answer obtains at least 2/3 of the votes of the senators present, there will be a new consultation with the plenary regarding the period during which the convicted person should be disqualified from exercising any public office. This period cannot exceed 8 years.