A replica of Decide Luiz Fachin’s suggestion, obtained by the Folha de S.Paulo newspaper and the GloboNews 24-hour cable information channel, confirmed he’ll argue earlier than the Supreme Courtroom on Wednesday that the key vote was authentic.
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If the commission recommends impeachment, the decision will then pass to the full lower house – and then, the judges ruled, to the Senate.
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In a major setback for Brazil’s opposition, the Supreme Court has scrapped a commission set up to deal with impeachment proceedings against President Dilma Rousseff.
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The impeachment request is based on the allegation that Rousseff used accounting tricks to ramp-up spending beyond legal limits during her re-election campaign a year ago. A move to trial would suspend Rousseff for up to six months with Vice-President Michel Temer taking over as Senators debate to remove her permanently or clear her, returning her to office.
The Court voted to invalidate the results of a secret ballot vote in the election of the impeachment commission and ordered a new open ballot vote, which likely be “more favorable” to Rousseff, the Wall Street Journal reported. “I will fight against the illegitimate interruption of my mandate using all the tools that the rule of law gives me”.
Brazil’s supreme court has undone efforts to impeach President Dilma Rousseff. To quash the lower house impeachment proceedings, the president would have to obtain at least 171 of 513 possible votes.
The STF also recognized the power of the Senate to refuse the establishment of the trial to the President, despite the adoption in the Lower Chamber of the trial process with the support of two thirds of its members.
The impeachment has widened divisions within the fractious Brazilian Democratic Movement Party (PMDB), Rousseff’s largest coalition ally, where a growing number of members want to break away from her government and many back her impeachment.
Cunha, who is himself under pressure from corruption charges and calls for his resignation, held the secret ballot so coalition lawmakers could vote freely to put Rousseff opponents on the committee.
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Ms Rousseff said she was innocent and the impeachment attempt would fail.
