TSE resumes cassation request for judgment of Dilma Temer-plate; understand the actionThe release for trial took place in May, after the arrival of the manifestation of the Electoral Prosecutor (MPE).
The Superior Electoral Court (TSE) resumes on Tuesday (6), 19h, the trial of the action in the PSDB asks cancellation of the plate-Dilma Temer, winner of presidential elections 2014. This is the first time that the court considers an application for annulment against a President.
O presidente do TSE, Gilmar Mendes, scored four sessions to analyze the process, in the days 6, 7 e 8 of June. in action, the PSDB asks cancellation of the plate that competed and won the presidential elections 2014, claiming that there are irregularities in accountability.
The release for trial took place in May, after the arrival of the manifestation of the Electoral Prosecutor (MPE) and the closing arguments of the defense of President Michel Temer and former President Dilma Rousseff.
The new opinion, made by the electoral deputy prosecutor, Nicolao Dino, repeats the position sent to the TSE in March, before the interruption of the trial, when the court decided to grant more time to the defenses manifest. According to the prosecutor, beyond the plate impeachment, the court may consider the former president ineligible for eight years.
Regardless of the TSE's decision, fit requests for clarification on the same electoral court and extraordinary appeal to the Supreme Court (STF). "With the use of the STF, It may be granted an injunction suspending the effects of a possible annulment. Who will have the last word on the subject will be the Supreme ", says Professor of electoral law at the University of Brasilia (UnB) Bruno Rangel Avelino. "This is resource for cases where the decision has error, omission, contradiction or obscurity ", adds.
In December 2014, Rousseff's campaign accounts Rousseff and Michel Temer were approved with reservations, unanimously, no TSE. However, the case was reopened after the PSDB point out irregularities in the accounts of payments made by Dilma, It would have received resources from the corruption scheme investigated in Operation Lava Jet.
The process is the result of unification of four lawsuits filed by the PSDB against the plate formed by election Dilma Rousseff and Vice President, Michel Temer. Toucans accuse the winning campaign of illegality and seek the annulment of the election of 2014.
Both Dilma as Temer defense had to TSE. The campaign of Dilma Rousseff denies any wrongdoing and maintains that the whole process of hiring companies and distribution of the products was documented and monitored.
The defense of President Michel Temer affirms that the election campaign of the PMDB is not related to the suspicious payments. According to lawyers, there is no irregularity in the payment of services.
in action, presented to the Electoral Court in December 2014, the PSDB asks, If the plate is revoked, the TSE investiture as president and vice toucans senators Aécio Neves (MG) and Aloysio Nunes Ferreira (SP), Current Foreign Minister, defeated in the election.
What is being judged?
The application for annulment of the plate-Fearing Dilma began with an act of electoral judicial investigation (Aeje), in order to investigate suspected wrongdoing that occurred during the campaign. Following graduation Dilma Rousseff as president, It proposed a mandate to contest elective action (Love). The two actions on the same subject and will be judged together in the same sessions on TSE.
This is the first time that the court opens an action like this against sworn plate. The Aime is provided for in the Federal Constitution and aims to challenge the mandate obtained “with addictions and illegal activity”.
According to the laws, action must be proposed when the mandate has evidence have been obtained with abuse of economic power, corruption or fraud. Even with the impeachment of President Dilma Rousseff, the action continued because the two members of the plate may be ineligible for eight years if the TSE decides the cancellation of election results in 2014.
How the trial rite?
The last step was completed in 28 March rapporteur, or minister Benjamin Herman, that sent to the other members of the TSE's final report. To complete the process, Herman asked Gilmar Mendes inclusion of the matter on the agenda, according to the Law of Ineligibility (Complementary law 64/1990).
They were investigated by Benjamin deviations in hiring graphic and receiving undeclared resources during the campaign. The minister also found possibly illegal transfers made by the contractor Odebrecht, whose indications were revealed by Operation jet wash.
The shares were included in the trials of the agenda of the TSE day plenary 4 April 2017. In this ocasion, by analyzing two points of order before the start of the trial, Ministers decided to hear new witnesses. It was also decided that the deadline for submission of final arguments will be five days after hearing witnesses.
The voting Herman Benjamin will be known only on the day of judgment.
In the rapporteur condition, according to the internal rules of the TSE, the Inspector General of Elections, Minister Herman Benjamin, should start the trial by reading the action report, which summarizes the steps made, the testimony and evidence collected, the skills and the action requested by him during the examining phase.
After reading, the Electoral Prosecutor (MPE) manifests itself on the direction of the rapporteur. Then they speak the defenses of Dilma Rousseff and Michel Temer. According to the regulations of the Court, each party may speak for a period of non-extendable 15 minutes.
Closed these steps, the other ministers of the TSE manifest. They may agree with the rapporteur or present opposing positions, including whether or not requests from the defense and prosecution.
In sequence, vote ministers Napoleon Nunes Maia, Admar Gonzaga, Tarcisio de Carvalho Neto, Luiz Fux (vice-presidente do TSE), Rosa Weber, by last, Gilmar Mendes. It takes most of the seven ministers for decision.
Faced with the possibility of the trial being interrupted by request of view (more time to analyze the case) one of the ministers, Gilmar Mendes said that this is a normal procedure. "If there is request for examination is a normal activity, nobody will do for combination with this or that purpose ", said.
After the decision, the sentence (judgment) It must be published by the court in a few days. So, defenses can submit resources. Gilmar Mendes confirmed, regardless of the outcome of the trial, the Supreme Court should receive share resources.
What happens if the plate is revoked?
In his opinion, Herman Benjamin should consider whether the campaign committed illegalities and whether they justify the annulment of the election and revocation of the plate. Besides that, will consider whether Rousseff and Temer are guilty of any wrongdoings and should be ineligible for eight years.
The decision can be made separately for each member of the plate. Professor Bruno Rangel Avelino, at UNB, believes, However, that the separation of the plate is difficult because there is no precedent to that effect in TSE.
If Dilma Temer-plate to be revoked, the Federal Constitution provides that, after Halfway through the presidential term, if the president and vice become vacant, Congress should choose the new representative.
However, the rules of the Constitution can be changed. There is a prompt action to be tried in the Supreme Court asking that the election be direct, if the election be annulled by the Electoral Court, when they are missing at least six months to complete the mandate. Besides that, in the National Congress two proposed amendments to the Constitution that can change the rules of this type of election.
Composition of TSE
The court is made up of seven ministers: three are part of the STF (Gilmar Mendes, Rosa Weber and Luiz Fux), Two STJ (Herman Benjamin and Napoleão Nunes) and two advocacy (Tarcisio de Carvalho Neto and Admar Gonzaga). The latter are appointed by the President, from a triple list sent by the Supreme.
In place of the ministers Henrique Neves and Luciana Lóssio, who have completed their terms, They are Tarcisio de Carvalho Neto and Admar Gonzaga.