10/08/2016 09h55 - Updated 10/08/2016 15h22

Impeachment: by 59 votes to 21, Senate plenary approves complaint against Dilma

Rousseff now go to the final judgment by the Senate plenary.
Photo: reproduction
Photo: reproduction

By 59 votes to 21, the full Senate approved today (10) Antonio Anastasia senator's report (PSDB-MG) that upholds the complaint against President Rousseff away for a crime committed. Rousseff now go to the final judgment by the Senate plenary.

The vote was very close to the expected by the government of interim president Michel Temer. Members of the government assessed that the government would be about 60 votes in favor of the admission of the pronunciation. After the approval of the text, Senators voted three highlights proposed by opposition senators. The first wanted the withdrawal of the complaint of the crime of attributing responsibility for transfers unrealized or realized with delays by the National Treasury to the Bank of Brazil, on the equalization of interest rates for the Harvest Plan, in exercise 2015. The text was maintained by Anastasia 58 votes to 22.

The other two highlights were related to additional credit decrees without congressional authorization; the first in the amount of R $ 29,9 billion and the second of R $ 600 millions. The two highlights were rejected. The first well for 58 a 22 and or second by 59 a 21.

Process Tracking

Prosecution and defense will have to present, in successive period of up to 48 hours, respectively, the indictment and his annoyance, along with up to five legal witnesses and more extranumerária for each party.

For the part of Rousseff's defense, José Eduardo Cardozo said it will use the six witnesses. Already Miguel Reale Jr., Prosecution lawyer, He announced that deliver in 24 hours the indictment and will use three witnesses. The expectation is that the final judgment of Dilma occur later in the month of August.

With today's decision, Dilma turns defendant in the impeachment process. In the last step, after the testimony of witnesses, Senators decide by conviction or acquittal Dilma. In the final phase, it takes the vote 54 of 81 Senators to confirm or disability. trial sessions should be scheduled from the day 25 of August.

arguments
senators approve, by 59 votes to 21, the main text of the Impeachment Committee report recommending that President Dilma away to be brought to trial by the House (Marcelo Camargo / Agência Brazil)
of 80 senators present, 59 voted for the approval of the senator's opinion AnastasiaMarcelo Antonio Camargo / Agência Brazil
They spoke for adoption of the opinion Simone Tebet (PMDB-MS) and Cássio Cunha Lima (PSDB-PB) e, Against, I senators Humberto Costa (PT-PE) e Jorge Viana (PT-AC). Senator Humberto Costa for or, the opinion is flawed. "It is absolutely flawed this report to demonstrate that these tax pedaling may represent a crime committed by being credit operations. By last, I decrees. Here has been absolutely proven that the fact that the decrees have been edited, there was no change in fiscal target, because the fiscal target is measured annually. E, at the end of the year, It was again proven that the goal was fulfilled ".

In his defense of the opinion, Senator Cássio Cunha Lima said the issue is being debated, discussed and analyzed for four months. "It will be in five minutes we change the position of any of the senators, none of the senators. All are already signed their convictions, and most have expressed, a few moments concludes the practice of responsibility for crime, why, sim, President Dilma Rousseff has committed a crime committed ".

highlights
Prior to the opinion poll, the Senate had to decide on preliminary issue raised by the defense Dilma that were voted grouped in a prominent. According to the chairman, Minister Ricardo Lewandowski, the primary should be voted first, not prejudging the merits of the opinion.

The first, asked to be removed from the Anastasia report the crime of credit provided for in Article 11, of Impeachment Law (lei 1.079, from 1950), the illegal hiring of loans with financial institution controlled by the Union. The defense argued that the article was not approved by the Constitution of 1988, which would invalidate the imputation.

The defense also requested the termination of proceedings on the grounds that Rousseff should first have the bills judged by Congress before the removal process. Besides that, He was also asked to suspicion of the rapporteur, Antonio Anastasia, with the argument that the senator would be acting for partisan belonging to PSDB. Despite arguments, the text was maintained by Anastasia 59 votes in favor and 21 Against.

The opinion of Anastasia accepted in part the complaints of impeachment drawn up by lawyers Miguel Reale Junior, Janaina Paschoal and Bicudo. The main complaint is that Dilma committed a crime committed while practicing so-called "tax pedaling" - delay of the Union payments to public banks for implementation costs. In Anastasia evaluation, the pedaling configured Union loans with banks that controls, which is prohibited by the Fiscal Responsibility Law (LRF).

Source: Agency Brazil

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