LOPES J. X. C.; http://lattes.cnpq.br/3431550809489096; LOPES, Jetro Xavier da Costa.
Résumé:
The Impeachment process in 2016 was the result of the convergence of political forces that understood, for the most part, the existence of a crime of responsibility committed by President Dilma Rousseff. The parliamentarians decided to remove it for disobedience to the Federal Constitution of 1988, as well as Law nº 1,079 / 50. Faced with this historical and political fact, the present work proposes to study the legal and political issues that underpinned the Impeachment process of the President of the Republic. The issue in question is of great relevance, since it refers to the clarification as to what circumstances the Impeachment institute should be used or not, while presenting alternatives in order to fill flaws in current legislation. In this scenario, the general objective of this work is to analyze the current Brazilian legislative moment regarding the Impeachment instrument and its nuances, through the Dilma Rousseff case, as well as to reason about crimes of responsibility. As specific objectives, it is intended to study the legislation of other countries on the current rules of presidential removal; In addition to identifying the legal vacuum of legal order that entails in the supremacy of ideological-circumstantial subjectivity when considering requests for a process of analysis of presidential departures; As well as to understand examples of cases of Impeachment, especially in Brazil, and to verify the existence or not of fraud in the administrative acts of President Dilma Rousseff that served as backup to the denunciation of its process. For the development of the present work the method of deductive approach was used, starting from the general analysis of the aspects related to the Impeachment process, from its appearance until the case of the cassation of President Dilma Rousseff. And as methods of procedure were used the comparative before the approach to regulation of the institute in other countries, especially the vote of censure and distrust, as in England and the United States; And the exegetical-legal method, based on the analytical knowledge of the focus on the jurisprudential change of the Federal Court of Audit before the Brazilian legislation related to the practice of crimes of responsibility. As for the nature of the research, the bibliographical one was used, mainly the use of doctrines, articles elaborated from laws and articles of periodicals; It is intended to verify the legal character of the presidential acts of Dilma Rousseff and what parameters led to the acceptance of the complaint and consequent annulment of the respective presidential term. Thus, it was concluded that, although Dilma Rousseff did not commit a crime of responsibility, there was no parliamentary coup, since the National Congress has the sovereignty to understand autonomously, and to judge with political predominance the Behavior of the holder of the presidential post.
