Dilma files injunction against impeachment
The former President Dilma Rousseff presented on Thursday an action in the Supreme Court (STF) to vacate the conviction in impeachment and determine that the Senate conduct a new vote in the process. The injunction was distributed by lottery for the da’s Zavascki Minister, who is the Rapporteur of the case.
In the lawsuit, Rousseff also asks that the current President of the Republic, Michel Temer, go back to the position of vice until the final judgment. It also calls for a new trial in the Senate, this time, however, without taking into account two articles of the law of 1950 1,079, used by the prosecution to impute responsibility for crimes.
The main arguments put forward in the play are: unconstitutional precepts were applied, since the text of the law 1,079/50 does not appear in the Constitution of 1988; and to consider only the facts narrated in the initial, without aggregates facts new to the course of the process. “These serious violations of the law occurred in the process that led to the conviction of the Petitioner,” says the document.
Comparing the Brazilian electoral system with the American, the defense of Dilma said that the multi-party system in the country makes the elections are contested by integrated plates for a candidate for President, a party and a candidate for Vice President of the other party, so that the vice President is “an element of institutional destabilization”. “Rather than cooperating with the President, towards ensuring the govern ability, the vice President has strong institutional incentives to engage in conspiracies.”
The problems of multiparty politics, however, didn’t show up in the impeachment of former President and current Senator Fernando Collor de Mello (PTB-AL) because, at that time, according to the defense of the former President, “all political forces of relevance in Brazil supported the impeachment of the President [Color]”. “The impeachment was the subject of consensus”, says the text.
“This really sought ensured that the trial covering reasonable degree legalizes, and malfunctions of the impeachment in a multi-party system and excessively pragmatic, as the Brazilian, not proved.”