Congressmen ask voters not to vote for party candidates because party senators did not sign a request to impeach the STF minister
Federal deputies Nikolas Ferreira (PL-MG) and Gustavo Gayer (PL-GO) published on social media a campaign against the PSD, chaired by Gilberto Kassabafter senators from the party did not sign the impeachment request of STF (Supreme Federal Court) minister Alexandre de Moraes.
The request for Moraes’ impeachment, signed by 152 deputies, already has the support of 36 senators. The Senate only needs 5 votes to form a simple majority (41) and open the impeachment process.
On social media, Gayer published an image with Moraes and Pacheco asking people not to vote for candidates who use ballot number 55, from the PSD. “The party that supports Moraes’ dictatorship”states the publication.
Nikolas Ferreira recorded a video in which he mentions the PSD’s relationship with the Lula government, which has 3 ministers affiliated with the party. The federal deputy also mentions the 10 senators from the party who did not sign the impeachment request:
Currently, the PSD has among the ministers of the Lula government, which is against the impeachment of Moraes, the Minister of Mines and Energy, Alexandre Silveira, the Minister of Fisheries and Aquaculture, André de Paula, and the Minister of Agriculture and Livestock, Carlos Fávaro.
The President of the Senate and member of the PSD, Rodrigo Pacheco (MG), has already signaled its willingness to schedule Moraes’ impeachment and “zero“.
In addition to opening proceedings against Moraes, removing him from office requires 2/3 of the votes of 81 senators – that is, 54.
HOW THE IMPEACHMENT REQUEST IS PROCESSED
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.
The law (full – PDF – 198 kB) that regulates the impeachment process is from 1950. The text indicates 5 hypotheses for a STF minister to be removed from office:
- 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 will begin. “Once the complaint has been 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 the matter.”says the law.
This committee must meet within 48 hours and elect a president and rapporteur. An opinion must be produced within 10 days. “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 receives 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 5 years.
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