Resumes trial of Dilma-Fearing plate on TSEIn yesterday's session (6), Ministers rejected preliminary issues that prevented the continuation of the action and the judgment on the merits of impeachment.
The plenum of the Supreme Electoral Court (TSE) resumed this morning (7) the trial in which the PSDB asks cancellation of Dilma Temer-plate with the analysis of three preliminary questions submitted by defense, before the rapporteur's vote. The main one questions the validity of Odebrecht executives of testimony in the case.
The defenses of Dilma Rousseff and Michel Temer challenged the inclusion of phase testimonials since the end of the process, the rapporteur Herman Benjamin, after the Supreme Court (STF) have ratified the award tipoff agreements Odebrecht in Operation Lava Jet. It also disputed the inclusion of testimony of John and Monica Santana Moura, Advertising couple responsible for the campaign 2014.
The main defense argument is that the irregularities identified in the testimonies were not in the initial order of the PSDB against Dilma plate-Temer, having been called “enlargement of the cause of action” by the rapporteur, which would violate the due process.
“No Odebrecht, there is a good condition of the case be dismissed”, said the lawyer Michel Temer, Gustavo Guedes Bonini, to get to the TSE on Wednesday.
After the preliminary, the rapporteur Herman Benjamin should continue to vote on the merits of the action.
In yesterday's session (6), unanimously, Ministers rejected preliminary issues that would prevent the continuation of the action and the judgment on the merits of impeachment, which was not discussed at the last session.
After the vote of the rapporteur, shall vote ministers Napoleon Nunes Maia, Admar Gonzaga, Tarcisio Vieira, Rosa Weber, Luiz Fux, and the presiding judge, Gilmar Mendes. A request for examination to suspend judgment is not discarded.
After the elections of 2014, the PSDB filed the lawsuit, and the TSE began judging irregularities suspected in transfers to graphical who provided services to the campaign Rousseff and Temer. Recently, Herman Benjamin decided to include in the process the testimony of informers linked to contractor Odebrecht, investigated in Operation Lava Jet. The informers reported that made illegal transfers to the presidential campaign.
In December 2014, campaign accounts of then President Dilma Rousseff and his deputy, Michel Temer, They were approved with reservations and unanimously TSE. However, the case was reopened because the PSDB questioned the approval. According understanding of TSE, the accounting provision of the president and the vice president is judged together.
The defense of President Michel Temer and former President Dilma Rousseff also spoke at yesterday's session (5). Dilma's lawyer considered the indictment of the PSDB "defeated nonconformity". Fearing the lawyers defended the maintenance of the president's term and said he, then Vice President, He did not commit any irregularity.
During the first session, Deputy Attorney General election, Nicolao Dino, He defended the cancellation of the Dilma-Fearing plate for having facts and evidence that constitute abuse of economic power in the presidential campaign 2014.
According to the rapporteur, Minister Herman Benjamin, the lawyer Dilma Rousseff produced a total of 376 questions. Already the defense presented Temer 269 questions. “All this is available to any Brazilian”, he said.
Herman Benjamin reports the harvest of evidence. "Were 62 heard witnesses, more than 80 hours of questioning in several states, two confrontations, various skills and diligence.”
In yesterday's session (5), unanimously, Ministers rejected preliminary issues that would prevent the continuation of the action and the judgment on the merits of impeachment, which was not discussed at the last session.
This is the second week of the session to the judgment of the plate-Dilma Temer. The ministers will examine three primary.
09:17 Session starts
The rapporteur of the case, Minister Herman Benjamin, does the analysis of the remaining preliminary issues.