The minister of the Federal Supreme Court, Ricardo Lewandowski, delivered to the president of the Senate, Rodrigo Pacheco, today (16), a draft update of the Impeachment Law. The document brings proposals to update the current legislation, which is 72 years old. For the magistrate, it is necessary for the law to adapt to the most recent Constitution, from 1988, and its updates on the subject. “What we sought to do, and what had to be done, was to update the law that dates back to 1950, which was published under the auspices of the 1946 Constitution, adapt it to the principles of the 1988 Constitution,” Lewandowski told the press after delivery. of the draft. The document has no legal value and is only a set of suggestions. Based on them, any interested congressman will be able to create his own bill. For the magistrate, the last impeachment process, which took place in 2016, presented procedural “gaps”. Lewandowski had already expressed this concern in a conversation with Pacheco, as soon as he took over as president of the Senate. Lewandowski was responsible for presiding over the last impeachment session that took place in Brazil. From this conversation came the embryo of the draft delivered today by the magistrate. “Everyone could see that the last impeachment process had many gaps, especially from a procedural point of view, and one of the first tasks of this commission of jurists was to adapt the procedure to what the 1988 Constitution establishes. face the impeachment process have ensured the right to full defense, to the contradictory and that the procedure is carried out according to due legal process”, said the Minister of the STF. Other necessary updates, he added, concern the authorities liable to undergo such a process. Currently, commanders of the Army, Navy and Air Force are also subject to impeachment; members of the National Council of Justice and the National Council of the Public Ministry; ministers and counselors of the courts of accounts, all Brazilian judges, as well as the attorney general of the Union. Prior to their inclusion, the law already provided for the possibility of impeachment for the President of the Republic, Vice-President of the Republic, ministers of State, governors, secretaries of State and ministers of the Federal Supreme Court. In the last 20 years, two presidents of the Republic have been impeached: Fernando Collor and Dilma Rousseff. Lewandowski’s draft also brings proposals to streamline the process without breaching due process of law, ample defense and contradictory. “These are just suggestions and the parliamentarians will look into these suggestions and, eventually, present a bill that includes some of these proposals”, he concluded. Pacheco praised the text, considered it “robust” and agreed with the need to update the rules regarding impeachment. “An important institute like this, which cannot be trivialized, cannot be at the mercy of a 1950 law”, said Pacheco, arguing that the law needs to be adapted to the current Constitution.
Agência Brasil
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