Impeachment process against Dilma Rousseff

The impeachment process against Dilma Rousseff began in late 2015 and continued through the first half of 2016. An impeachment request against Rousseff, the 36th President of Brazil, was accepted by Eduardo Cunha, the president of the Chamber of Deputies, on 2 December 2015. The charges against Rousseff include administrative misconduct and disregarding the federal budget, as well as suspected acts of corruption in Petrobras, which have been the subject of an investigation by the Federal Police under Operation Car Wash.[1]

After the acceptance of the request, a special committee was formed in the Chamber of Deputies to decide on its admissibility. It began with the testimony of the authors of the request, followed by a presentation of Rousseff's defense. Meanwhile, street protests for and against the impeachment occurred periodically throughout the country.[2][3] The committee's report was favorable to impeaching the President: 38 deputies approved the report while 27 did not.[4] A vote was held in the chamber on the 17 April in favor of beginning impeachment proceedings against Rousseff. A Senate vote will take place in early May to confirm the result.[5]

Background

Tax evasion and corruption at Petrobras

Main article: Petrobras scandal

Fiscal peddling is a term used by the media to describe an accounting maneuver through which the government gives the impression that it received more money than was spent, when the reality is the opposite.[6][7][8] The government failed to pay public and private banks that finance social programs like Bolsa Família,[9] forcing the banks to finance the programs without receiving government compensation.[10] The government's apparent motive was to improve its fiscal outcomes for the years 2012 to 2014.[11] The Tribunal de Contas da União (TCU), in a unanimous decision, considered this operation a violation of fiscal responsibility.[12][11][13] TCU is an auxiliary of the legislative body and has no legal power; however the decision put the National Congress under pressure to begin the process of impeaching President Rousseff.[14][15]

In 2015, approval ratings for President Rousseff dropped to record lows due to a slowing economy, increasing unemployment, a weaker currency and rising inflation.[16] Upper-class Brazilians stated that Rousseff could not manage the Brazilian economy. They also said that she used class tensions to benefit her political campaign by stating that her political opponents were "enemies of the poor." The poor felt betrayed because she had passed policies to avoid an investment-grade downgrade, which ended up hurting lower-class Brazilians.[16]

Operation Car Wash

Main article: Operation Car Wash

In February 2014, an investigation by Brazilian Federal Police called "Operation Car Wash" placed Petrobras at the center of what may be the largest corruption scandal in Brazil's history.[17][18] On 14 November 2014 police raids across six Brazilian states netted prominent Brazilian politicians and businessmen—including some Petrobras directors—who were placed under investigation in regards to "suspicious" contracts worth $22 billion.[17][18] It was alleged that graft occurred while President Rousseff was part of the board of directors of state-owned energy company, Petrobras, between 2003 to 2010. No evidence that Rousseff herself was involved in the scheme has been found, and she denies having any prior knowledge of it.[19] However, Brazilians became upset with the government and called for Rousseff's impeachment regardless.[20] Further investigation found that there were various offshore accounts and collections of art that were held by those involved in the controversy.[21]

Political context

Dilma Rousseff speaking at her presidential inauguration on January 1, 2015. Behind her are the president of the senate, Renan Calheiros, and the vice-president, Michel Temer.

Rousseff was reelected in the 2014 general election, winning 51.64% of the votes. The election was one of the most contentious presidential elections in the country's history.[22] After being sworn in on 1 January 2015,[23] she started her second term weakened, mainly due to the economic and political crisis, which led to a 9% approval rating in a survey by Ibope held in July of that year - the lowest approval rating ever for the president.[24][25] On 15 March 2015, several protests began, gathering hundreds of thousands of Brazilians across the country to demand the impeachment or the resignation of Roussef, among other issues.[26]

However, the process of political complexity went beyond the violation of the budget law. The President of the Chamber of Deputies, Eduardo Cunha, was investigated in Operation Car Wash, under allegations of receiving bribes and in keeping secret Swiss bank accounts. Consequently, Cunha was in danger of losing his mandate as the Ethics Council of the Chamber moved a lawsuit against him. Rumors emerged about attempts to agreement between the Brazilian Democratic Movement Party (PMDB) and the Workers' Party (PT), in order to end this process, which he strongly denied. When the PT announced its support for the wedge term loss on the Board of Ethics, he would have accepted the request for impeachment as an instrument of blackmail.[27] In turn, Rousseff denied attempts to forge a deal to save Cunha and get rid of impeachment, as well as agreements to interfere with the Ethics Board in exchange for the approval of around CPMF, which was another great need of the government. In her words, at a news conference on the same day the request: "I would never accept or agree with any kind of bargain, much less those that threaten the free functioning of democratic institutions in my country, that impede justice or that offend moral principles and ethics that should govern public life."[28]

After the pronouncement of the president, Cunha said Rousseff lied to the nation when she said she would not participate in any bargain and that the government had much to explain to the country. Declaring himself against PT, he said he would rather not have the three votes from the party in the Council of Ethics.[29]

Experts consulted by Agência Brasil commented on the political crisis. They stated that the poor skills with which the Rousseff negotiated with Congress and the number of political parties present caused a great loss of governability. Moreover, according to experts, the opposition was fighting against Rousseff from the previous year's elections, trying in every way to destabilize the government, without regard to the political and economic situation of the country, which was seriously committed to the application of impeachment. However, the outbreak of the process could be beneficial for Rousseff, who would be free from blackmail and could potentially reorganize her government. Political scientists believed Cunha could lose his mandate and that the opposition would try to push the process in Congress for 2016 in order to mitigate the "electoral ecstasy" and "act of revenge" which was the host of the application.[30]

Process in Congress

Acceptance request

Eduardo Cunha states that the Chamber of Deputies agreed to open the proceedings, on December 2, 2015.

There were 37 requests for impeachment filed with the Chamber of Deputies, by September 2015, against Dilma Rousseff, but the president's home only received the written request of Hélio Bicudo and the lawyers Miguel Reale Júnior and Janaina Conceição Paschoal.[31][32] The social movement pro-impeachment (such as the Free Brazil Movement and Movement Comes to Street) decided to join the Bicudo request.[33] It also had the support of parliamentarians and civil society, which organized a petition in support of the impeachment of the President of the Republic.[34]

The lawyers, in the document presented to the House, tried to associate Dilma Rousseff with Operation Car Wash, cite failure in cases of corruption, investigated influence peddling against former President Luis Inacio Lula da Silva and fiscal cycling.[35][36] In addition, it contributed to support the request of six decrees signed by the president in the fiscal year of 2015 in disagreement with law guidelining the budget, which were published without the permission of Congress.[37]

On 17 April 2016, the Chamber of Deputies, the lower house of the Brazilian Parliament, concluded a general vote for the admission of the impeachment process. 367 members voted for impeachment, while 137 voted against, 7 abstained and 2 were absent from the session.[38] The internal rules of the house stated that the process would be admitted only if received at least 342 votes for, between the 513 sitting members. On the following day, the president of the Chamber, Eduardo Cunha, delivered the process in the Senate, upper legislative house which shall follow the procedure and judge the case. On 5 May 2016, Teori Zavascki, judge of Superior Court of Justice decided that Eduardo Cunha must to step down from the presidency of the Chamber of Deputies and suspend his mandate, because he is facing a corruption trial. The decision was later endorsed by all eleven judges of Court and has not affected the process of impeachment against Dilma Rousseff.[39]

Impeachment Vote in the Chamber of Deputies on 17 April 2016[40]
Party Abbr. For Against Abstain Absent Total
Brazilian Democratic Movement Party PMDB 59 7 1 67
Brazilian Labour Party PTB 14 6 20
Brazilian Republican Party PRB 22 22
Brazilian Social Democracy Party PSDB 52 52
Brazilian Socialist Party PSB 29 3 32
Communist Party of Brazil PCdoB 10 10
Democratic Labour Party PDT 6 12 1 19
Democrats DEM 28 28
Green Party PV 6 6
Humanist Party of Solidarity PHS 6 1 7
Labour Party of Brazil PTdoB 2 1 3
National Ecologic Party PEN 1 1 2
National Labour Party PTN 8 4 12
Party of the Brazilian Woman PMB 1 1
Party of the Republic PR 26 10 3 1 40
Popular Socialist Party PPS 8 8
Progressive Party PP 38 4 3 45
Republican Party of the Social Order PROS 4 2 6
Social Christian Party PSC 10 10
Social Democratic Party PSD 29 8 37
Social Liberal Party PSL 2 2
Socialism and Liberty Party PSOL 6 6
Solidarity SD 14 14
Sustainability Network REDE 2 2 4
Workers' Party PT 60 60
Total 367 137 7 2 513

Public opinion

In CNT/MDA polls performed in March 2015, only 10.8% of Brazilians approved of Rouseff's government and 59.7% wanted her impeached.[41] By April 2016, 61% of Brazilians believed that Rousseff should have been impeached.[42]

References

  1. ↑ Felipe Amorim (December 2, 2015). "See 8 reasons for and against the impeachment of President Dilma Rousseff" (in Portuguese). Universo Online. Retrieved December 6, 2015.
  2. ↑ Nathalia Finch and Fernanda Calgaro (March 17, 2016). "Chamber elects committee members to consider impeachment Dilma" (in Portuguese). Rede Globo. Retrieved 1 April 2016.
  3. ↑ Mariana Schreibe (March 14, 2016). "Five visions: how the protests will impact the process of 'impeachment' '" (in Portuguese). BBC News. Retrieved 1 April 2016.
  4. ↑ Fabiana Maranhão and Ricardo Marchesan (12 April 2016). "Assent to Rousseff's impeachment is approved in House committee" (in Portuguese). Universo Online. Retrieved 12 April 2016.
  5. ↑ "Brazil MPs vote on impeachment". BBC News. Retrieved 18 April 2016.
  6. ↑ "In infographic understand what the government's fiscal pedaling Dilma" (in Portuguese). Zero Hour. 17 July 2015. Retrieved December 6, 2015.
  7. ↑ Carlos Garcia (October 8, 2015). "what is tax pedaling? A manual for non-economists" (in Portuguese). mercadopopular.org. Retrieved December 6, 2015.
  8. ↑ "the 'tax pedaling' government Dilma" (in Portuguese). O Estado de S. Paulo. Retrieved 19 March 2016.
  9. ↑ Alexander Martello and Fabio Amato (17 June 2015). "Understand 'tax pedaling' and the TCU assesses in government accounts" (in Portuguese). Rede Globo. Retrieved 5 December 2015.
  10. ↑ Ana Clara Costa (April 22, 2015). ""The government did state banks pay their expenses - and this is not pedaling"" (in Portuguese). Veja. Retrieved December 6, 2015.
  11. 1 2 Fernando Rego Barros (April 16, 2015). "TCU concludes that the government has violated the Fiscal Responsibility Law". Rede Globo. Retrieved December 6, 2015.
  12. ↑ Bernard Caram (7 October 2015). "In a unanimous decision, TCU rejects government bills Dilma and 2014". O Estado de S. Paulo. Retrieved 20 March 2016.
  13. ↑ "SUPPLEMENTARY LAW NO 101 OF 4 OF 2000 MAY" (in Portuguese). Palácio do Planalto. May 4, 2000. Retrieved March 19, 2016.
  14. ↑ Deborah Cruz and Philip Matoso (7 October 2015). "TCU recommended to Congress disapprove government accounts 2014" (in Portuguese). Rede Globo. Retrieved December 6, 2015.
  15. ↑ "TCU and External Control" (in Portuguese). the Federal Audit Court. Retrieved 19 March 2016.
  16. 1 2 Magalhaes, Luciana; Jelmayer, Rogerio (15 March 2015). "Protesters Across Brazil Demonstrate Against President on Sunday". The Wall Street Journal. Retrieved 15 March 2015.
  17. 1 2 Costas, Ruth (21 November 2014), "Petrobras scandal: Brazil's energy giant under pressure", BBC News (Sao Paulo), retrieved 20 March 2015
  18. 1 2 Dwyer, Rob (March 2015), Brazil: Petrobras will be shut out of bond markets until 2016, Euromoney, retrieved 20 March 2015
  19. ↑ Darlington, Shasta (12 April 2015). "Protesters in Brazil push to impeach President Dilma Rousseff". CNN. Retrieved 13 April 2015.
  20. ↑ Magalhaes, Luciana; Kiernan, Paul (16 March 2015). "Brazilian President Faces More Heat After Protests; Prosecutors file more charges in widening graft scandal as public anger grows against government". Dow Jones & Company. The Wall Street Journal. Retrieved 17 March 2015.
  21. ↑ Pugile, Frederic (13 March 2016). "Luiz Inacio Lula da Silva's dramatic downfall rattles Brazil". The Washington Times. Retrieved 14 March 2016.
  22. ↑ Noelle Oliveira (October 27, 2014). "presidential election of 2014 was the fiercer after dictatorship". EBC. Retrieved 18 March 2016.
  23. ↑ "Rousseff takes office for second term". Correio. January 1, 2015. Retrieved 5 December 2015.
  24. ↑ Filipe Matoso (July 1, 2015). "Government Dilma has approved 9%, says Ibope survey". G1. Retrieved 5 December 2015.
  25. ↑ Alexandre Aragon (August 6, 2015). "Rousseff's disapproval grows and exceeds that of Collor in 1992". Folha de S.Paulo. Retrieved 5 December 2015.
  26. ↑ "All states and the DF have protests against the government Dilma". G1. August 16, 2015. Retrieved 5 December 2015.
  27. ↑ Carolina Gonçalves (December 5, 2015). "Cunha says Dilma lied to the nation by denying political bargaining". Agency Brazil. Retrieved December 6, 2015.
  28. ↑ "Dilma says he is "outraged" with impeachment". UOL. December 2, 2015. Retrieved December 6, 2015.
  29. ↑ Daniel Carvalho and Igor Gardelha (December 3, 2015). "'Who did bargain was the government, not me', claims wedge on impeachment". Estadão. Retrieved December 6, 2015.
  30. ↑ "For experts, impeachment depend on the future of Cunha". Earth. December 6, 2015. Retrieved December 6, 2015.
  31. ↑ Rodrigo Capelo (December 4, 2015). "What does the request for Bicudo for the impeachment of President Dilma Rousseff". Season. Retrieved 19 March 2016.
  32. ↑ Célio Martins (September 16, 2015). "Meet the authors of the 37 requests for impeachment against Dilma". Gazeta do Povo. Retrieved 19 March 2016.
  33. ↑ Bruno Bocchini (September 11, 2015). "Social movements adhere to Bicudo requirement on impeachment". EBC. Retrieved 19 March 2016.
  34. ↑ "Below-signed by Dilma impeachment exceeds 2 mln votes and hits record high". R7. March 18, 2016. Retrieved 19 March 2016.
  35. ↑ William Mazui (October 2, 2015). "pressure corruption Suspected Dilma and Lula". Zero Hora. Retrieved 19 March 2016.
  36. ↑ "Read the impeachment request full Dilma Rousseff". El País. December 3, 2015. Retrieved 19 March 2016.
  37. ↑ Edson Sardinha (December 3, 2015). "Decrees and pedaling based Cunha decision". Congress in Focus. Retrieved 19 March 2016.
  38. ↑ "Câmara autoriza instauração de processo de impeachment de Dilma com 367 votos a favor e 137 contra". Agência Câmara. April 17, 2016. Retrieved 18 April 2016.
  39. ↑ Simon Romero (5 May 2016). "Brazilian Lawmaker Behind Rousseff Impeachment Is Told to Step Down". The New York Times. Retrieved 6 May 2016.
  40. ↑ "Votação na Câmara do processo de impeachment". O Globo (in Portuguese). 17 April 2016. Archived from the original on 18 April 2016.
  41. ↑ "Brazil poll: Rousseff popularity still falling, impeachment favored". Reuters. 21 July 2015. Retrieved 21 July 2015.
  42. ↑ Romero, Simon (11 April 2016). "Effort to Impeach Brazilian President Dilma Rousseff Clears Congressional Panel". The New York Times. Retrieved 14 April 2016.
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