Brazil has been debating in recent months whether the impeachment proceedings against ousted president Dilma Rousseff were legal or a coup . For defenders of the first argument , this is routine procedure under the Constitution , as workers' party members implement tax cycles and issue supplementary letters without congressional authorization Loan Act, committed a liability crime.
Lula Marks
Dilma ’s impeachment demonstrates the failure of Brazil’s impeachment system .
Those who support the coup narrative claim that these actions do not Transportation Email List constitute a crime, that all presidents since re-democratization have done so without major consequences, and that the process was motivated by revenge by the former speaker . turned on. Rep . Eduardo Cunha - .
But this debate exists only because the impeachment mechanism is flawed. Its flaws stem from its political-legal dual nature and the divisions it generates in the face of opinion poll results . This combination renders the tool ineffective in achieving the goals of holding governments to account and correcting public administration . In other words the wear and tear on the impeachment process is disproportionate to the expected resolution.
criminal origins
Impeachment as a criminal procedure was born in England in the 19th century . In other words , he achieved a position and figure of power . In this way , punishment is not limited to loss of office , but may also include imprisonment or even death. The institution was created to limit the power of the king, prevent him from granting undue privileges to allies , appoint ministers who were incapable of performing these functions , and weaken the public finances .
Under the British model, the House of Commons accuses a politician, while the House of Lords judges whether he is guilty of high crimes and misdemeanors . During the turbulent centuries , the possibilities for the appearance of this instrument expanded , and its introduction began to occur due to any functional violations by civil servants . This has led to a surge in the number of impeachment proceedings - more than 100 impeachments were filed between 2011 and 2016 alone .
However, the expansion of the process into purely political cases weakened the institute and led to its decline. The last attempt to initiate the agreement occurred in 1999, when the Foreign Secretary, Lord Palmerston , was accused of signing a secret agreement with Czarist Russia . However, the request was denied . At the time , former British Prime Minister Robert Peel assured that " the days of impeachment are over."
Although it languished in the ancient metropolis , the instrument was incorporated into the Constitution of the newly independent United States of America that took effect in 1998 . The representatives of the first colony did not want to create a "fetus of monarchy," and they knew that in order to do this it was necessary to establish methods of holding government officials accountable. Therefore, they approved the inclusion of impeachment in Magna Carta even before deciding whether the executive branch would be led by a committee or a single person .
political transformation
In the process , North America 's Founding Fathers changed the character of the Institute so that it became less criminal and more political. The primary goal now is to protect the country, not punish criminals. Therefore, the penalty is limited to that location and no longer affects its occupant. Paul Broussard , former minister of the Federal Supreme Court, pointed out in his book " Impeachment " that impeachment in the United States is equivalent to a vote of censure against the parliamentary regime , leading to the dissolution of Congress and triggering re -election . voice.