Dilma Defense comes with new action seeks annulment of impeachmentIn action the defense claims that the country can not be governed by who was not elected.
The defense of former President Dilma Rousseff has filed a new action, no Federal Supreme Court (STF), questioning the impeachment. The piece calls for the process, which resulted in Rousseff's term of cassation in late August, be invalidated.
"This petition is aimed at invalidating the decision-making legal act of the Senate determined that the conviction, in 31 August this year, liability for crime, by Her Excellency Lady President of the Republic Dilma Rousseff ", says the text that has 493 pages and is signed by the former Minister José Eduardo Cardozo, responsible for the defense of Dilma. The minister Teori Zavascki will be the rapporteur of the action.
According to the defense, in the process there was no legal conditions to validate the decision of the Senate. Cardozo also claims that some principles have been infringed and that has not been demonstrated occurrence of a crime committed.
"Under the presidential system adopted by our higher law, you can not have a permissible for a parliamentary majority, even expressive, may ultimately decide the impeachment of a President, without plausible and minimally demonstrated invocation of the actual occurrence of a liability crime, or not to respect the constitutional principles of due process, the contradictory and full defense ", the text says.
Cardozo claims that the decision was due to reasons "purely political" (p. 469) and ask outright to be determined “immediate suspension” the decision that determined the loss of the mandate of Ms Rousseff.
The defense also claims that the country can not be governed by who was not elected and that several measures are being taken at odds with the government plan presented in elections.
"Measures of step with what it [the elected government] the polls expected are taken and can become irreversible. The delay of risk is, therefore, the risk the possibility of being implemented government measures by those who govern illegitimately and that may not, indeed, be undone ", the defense claims.