Impeachment of Dilma Rousseff

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President Dilma Rousseff speaking before the Brazilian Congress in February 2016.
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The impeachment of Dilma Rousseff, the 36th President of Brazil, began on 2 December 2015 with a petition for her impeachment accepted by Eduardo Cunha, then president of the Chamber of Deputies, and continued into late 2016. Rousseff, more than 12 months into her second four-year term, was charged with criminal administrative misconduct and disregard for the federal budget in violation of article 85, items V and VI[1] of the Brazilian Constitution and the Fiscal Responsibility Law (pt), article 36.[2]

The petition also accused Rousseff of criminal responsibility[3] for failing to act on the scandal at Brazilian national petroleum company Petrobras, allegations uncovered by the Operation Car Wash investigation, and failing to distance herself from the suspects.[4] Rousseff was president of the Petrobras board of directors during the time frame covered by the investigation, and approved Petrobras' controversial acquisition of Pasadena Refining System.[4] However, the Petrobras charges were not included in the impeachment because Prosecutor-General Rodrigo Janot successfully argued that a sitting president cannot be investigated while in office for acts prior to election.[5][6]

On 31 August 2016, the Senate removed President Rousseff from office by a 61–20 vote, finding her guilty of breaking Brazil's budget laws. Vice-president Michel Temer replaced her, becoming the 37th President of Brazil.[7][8] Temer is accused by an Odebrecht executive of soliciting campaign donations in 2014 for his party.[9] He faces trial along with Rousseff in the Superior Electoral Court (TSE) in a complaint filed by Aécio Neves, the candidate narrowly defeated by Rousseff in the 2014 presidential runoff, over irregularities in their campaign funds - Rousseff shared the PT-PMDB coalition ticket with Temer and the court ruled it would consider their campaign finances at the same time.[10][11]

Background[edit]

Petrobras and "fiscal pedalling"[edit]

Dilma Rousseff speaking at her presidential inauguration to a joint session of the National Congress, 1 January 2015. Behind her are Senate president Renan Calheiros, and Vice President Michel Temer.

Graft allegedly occurred during Rousseff's term as chair of the board of directors of the state-owned energy company Petrobras between 2003 and 2010.[citation needed] In February 2014, an investigation by the Federal Police, named Operation Car Wash, put Petrobras at the center of "what may be the largest corruption scandal in Brazil's history".[12][13] On 14 November 2014, police raids in six Brazilian states netted prominent Brazilian politicians and businessmen, including some Petrobras directors, who were investigated in "suspicious" contracts worth $22 billion.[12][13] Further investigation found offshore accounts and art collections held by those involved in the controversy.[14]

No evidence that Rousseff herself was involved in the scheme has been found and she has denied any prior knowledge of the graft.[15] More than one million Brazilians protested in the streets in March 2015 calling for Rousseff's impeachment.[16] On 5 May 2016 Supreme Court justice Teori Zavascki dismissed counts brought against Rousseff by Senator Delcídio do Amaral based on Petrobras, ruling that a sitting president could not be investigated for actions before taking office.[17]

Rousseff was also accused of "fiscal pedaling" — an accounting maneuver which gives the false impression that the government received more money than it spent.[18][19][20] The government allegedly failed to provide funds to public and private banks that managed public payments, including social assistance programs like Bolsa Família,[21] forcing the banks to finance programs themselves without compensation.[22][23] allegedly to improve its fiscal outcomes and make the surplus for the years 2012 to 2014 appear larger.[24] The Tribunal de Contas da União (TCU), unanimously declared this maneuver a violation of fiscal responsibility.[24][25][26] TCU, an auxiliary of the legislative body, has no legal power, but their decision put the National Congress under pressure to begin impeachment proceedings.[27][28]

Political context[edit]

Rousseff won the 2014 general election with 51.64% of the votes. It was one of the most contentious presidential elections in the country's history.[29] Sworn in on 1 January 2015,[30] Rousseff began her second term weakened by corruption allegations and by the 2014–2016 Brazilian economic recession. On 15 March 2015, protests began, gathering millions of Brazilians across the country to demand among other things Rousseff's resignation or her impeachment.[31] By June 2015 she had a disapproval rating of 68%, the highest for a Brazilian president since the country's redemocratization,[32] and by August 2015 had a disapproval rating of 71%.[33]

Rousseff's government was accused by the Tribunal de Contas da União, of misconduct on management of public accounts since 2012.[35][36][37] The President of the Chamber of Deputies, Eduardo Cunha, was investigated in Operation Car Wash for allegedly receiving bribes and keeping secret Swiss bank accounts. The Council of Ethics and Parliamentary Decorum of the House of Deputies of Brazil (pt) filed a complaint against him, putting him at risk of losing his seat. The council was responsible for judging and applying penalties to deputies in cases of non-compliance with norms. Rumors emerged about attempts to reach agreement between Cunha's party (PMDB) and Rousseff's party, that she would archive the lawsuit against Cunha if he would refuse to accept the request for her impeachment. Cunha strongly denied that such an agreement existed. When the Workers' Party announced to the Council of Ethics its support for the lawsuit against Cunha, he accepted the impeachment request,[38] allegedly in retaliation.[39][40]

In his defence, Cunha said opening the impeachment process was his constitutional duty as chamber president, and the decision to do so was based only on facts related to the budget laws. Cunha said he had no personal grievance against the Workers' Party and that Rousseff signed six decrees for additional spending, which increased the 2015 federal spending in non-compliance with the annual budget law and without approval of the Congress.[40]

Rousseff also denied any attempted deal to save Cunha in return for stopping her impeachment, and also denied agreements to interfere with the Council of Ethics in exchange for approval of the re-introduction of the CPMF tax (Provisional Tax on Financial Transactions),[41] which was a wish from the government. At a news conference on 2 December 2015, she said that she would never accept or agree to any kind of bargain.[34]

After this pronouncement by the president, Cunha said Rousseff had lied to the nation when she said she would not participate in any deal and that her government had much to explain to the country. Cunha claimed he was not aware of any negotiations and that he had never met Jaques Wagner, the supposed intermediary in the alleged negotiations with Rousseff. Declaring his opposition to the Workers' Party, he said he would rather forgo their three votes in the Council of Ethics.[42]

Comments by specialists and public opinion[edit]

Professor Leonardo Avritzer of Universidade Federal de Minas Gerais told Agência Brasil in December 2015 that the political crisis was tied to Rousseff's inability to negotiate with Congress, and that Brazil's fragmented political system, and many political parties, caused an ungovernable government. Also, the opposition confronted Rousseff after the elections of 2014, calling for a recount. Her campaign accounts were also disputed, and the impeachment process destabilized the government. However, political scientist Luciana Veiga said, the process benefited Rousseff, who would then be freed from blackmail and could potentially reorganize her government. Veiga believed that Cunha could be removed from office and that the opposition would try to push the impeachment process of Rousseff in Congress for 2016 in order to mitigate the "electoral ecstasy" and "act of revenge" that were said to be the cause of the impeachment attempt.[43]

In CNT/MDA[44] polls performed in March 2015, only 10.8% of Brazilians approved of Rousseff's government and 59.7% wanted her impeached.[45] In July 2015, this number had risen to 62.8%. By April 2016, in polls performed by Datafolha Institute, 61% of Brazilians believed that Rousseff should be impeached.[46]

Request for impeachment[edit]

Since 2012, a total of 37 requests for the impeachment of Rousseff had been presented to the Chamber of Deputies. Of these 23 were archived and did not proceed. The remaining 14 proceeded,[47] but only one was accepted by Cunha.[4] Submitted by former congressman and attorney Hélio Bicudo (pt) and attorneys Miguel Reale Júnior (pt) and Janaina Paschoal (pt), it was based on allegations of omission concerning Petrobras, fiscal responsibility crimes,[48] and budgetary mismanagement.

Omission[edit]

Operation Car Wash's investigation of illegal and suspicious transactions included the purchase of Pasadena Refinery by Petrobras, the Brazilian national oil company, a business deal that cost it R$792 million (US$362 million).[49][50] Rousseff chaired the board of directors of Petrobras when the purchase was approved. She later said that a mistake had been made concerning a contractual clause and "her decision was based on a technically and legally flawed summary" of the purchase document drawn up by Nestor Cerveró (pt), the financial director of Petrobras Distribuidora, the fuel distribution and trading subsidiary of Petrobras.[51] Petrobras paid Astra Oil, a wholly owned subsidiary of Astro Oil Trading NV,[52] $360 million for 50% of Pasadena Refining System. A year later, Astra exercised a put option that required Petrobras to buy out the other half, then won the arbitration case over the deal.[51] Cerveró was later convicted of money laundering and sentenced to five years in jail.

The president called the allegations a kind of coup and merely an attempt to weaken Petrobras. Emphasizing its expertise in the economy and energy sectors, the president stressed the company's financial health. She stepped down from the Petrobras board only in February 2015, when the situation was already untenable.[53][54]

Some international companies were chosen to be encouraged and, thereafter, participating in unrealistic bids, to drain the state-owned company, giving back much of the values through seemingly licit donations. It was alleged that, according to statements taken from the accused in Operation Car Wash, Lula and Rousseff knew of the bribery scheme in Petrobras.[55][56][57][58]

Fiscal responsibility crimes[edit]

Rousseff issued six unnumbered decrees in 2014 and 2015 that allocated funds to social programs, allegedly for political purposes, without authorization from Congress. These totaled R$18.5 billion (US$6.9 billion) and were contracted in official financialinstitutions without the necessary legislative authorization, nor did their targets set comply with the Lei de Responsabilidade Fiscal (Fiscal Responsibility Law) and the Annual Budgetary Law (pt). To obtain these additional credits, the target of 2014 was reduced by the end of 2014 by R$67 billion (US$25 billion) at the request of the president. The same conduct of the accused was committed in 2015. Rousseff, by means of decrees, authorized in the years 2014 and 2015, the opening credit, disregarding the Annual Budgetary Law and the Federal Constitution, precisely to allow the provision of additional resources when it was known that the primary superavit target in the Budget forecast was not being fulfilled, and would not be fulfilled.[59]

"Fiscal pedaling"[edit]

In 2011 and 2014, the Government has held illegal credit operations from no transfer of funds to the national financial system entities controlled by the State. That practice was taken from financial advances made by official financial institutions, such as Caixa Econômica Federal and Banco do Brasil for finance social programs of responsibility of the Federal Government. These transactions were reported in 2015 by the Tribunal de Contas da União (TCU) and, according to the report, intended to improve the government's chances of re-election.[60]

Caixa Econômica Federal and Banco do Brasil operate federal social programs under a government contract. For this purpose, the government was to pass along directly from the Secretariat of the National Treasury (pt) account, the necessary resources to pay for these programs every month, more precisely, would be obliged to transfer to the financial institutions the equivalent values for the equalization of interest rates, expenditures and legal transfers. But the government had not made these reimbursements and the contracted financial system entities made payments to programs beneficiaries with their own resources and hence promoted the credit constitution in his favor against the Government. This procedure is a form of mutual credit, or similar operation and in accordance with the Fiscal Responsibility Law, art. 36, is prohibited to carry out credit operations between a state financial institution and the member of the Federation that controls it, as the borrower. The total balance of these liabilities by the end of August 2014 was R$1.74 billion (US$740 million). Of an amount of R$7.8 billion (US$2.9 billion) spent on subsidies in the programs between 2009 and 2014, only R$1.6 billion (US$590 million) was transferred by the Government.[61]

At the end of 2014, Rousseff sent the Congress PLN 362014, to change the Budgetary Directives Law (pt) aimed at modifying the rules of the primary superavit (surplus), demonstrating knowledge of the public accounts by taking steps to regularize them.[62]

Legal infringements[edit]

Both the Federal Constitution and Article 4 of Law 1079/50, establish that give rise the impediment of the President the fact that attempt against probity in administration and against the budget law. Are crimes of responsibility against the budget law, order or authorize the opening of credit in disagreement with the limits set by the Senate, not well-founded in budget law or in additional credit law or in observance of legal prescription;(Law Nr. 10028, 2000) and fail to promote or to order the full settlement of credit operations in anticipation of budget revenue, including related interest and other charges, until the end of the fiscal period; (Law Nr. 10028, 2000).[63]

The political violation may lead to impeachment, and the civil offense entails indemnities and mandate cassation by the judiciary. When the conduct is the President's, it also constitutes a crime of responsibility under article 10 of Law 1079/50, amended by Law 10028/2000.[64]

Process in Congress[edit]

Request for impeachment[edit]

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

By September 2015 37 requests for impeachment had been filed with the Chamber of Deputies against Dilma Rousseff, but Cunha only accepted the written request of Hélio Bicudo (pt) and the lawyers Miguel Reale Júnior (pt) and Janaina Paschoal (pt).[4][65][66] The pro-impeachment social movement (such as the Free Brazil Movement and Come to the Street Movement (pt)) decided to join Bicudo's request.[67] Congressmen supportive of the impeachment organized a petition in its favor, having been signed by two million Brazilians.[68]

Documents presented to the House attempted to implicate Dilma Rousseff in Operation Car Wash, citing a failure to investigate influence peddling allegations against former President Luiz Lula da Silva, in addition to the "fiscal pedaling" allegations.[69][70] In addition, it entered into evidence six decrees which lacked approval by Congress, signed by the president in the 2015 fiscal year despite budget laws.[71]

Voting in the Chamber committee[edit]

A special committee of the Chamber of Deputies voted on 11 April 2016 on the petition's admissibility. At that time 37 of the 65 committee members faced charges of corruption or other crimes, according to Transparencia Brasil (pt).[72] Testimony by the authors of the request was followed by a presentation of Rousseff's defence. Meanwhile, street protests both for and against the impeachment occurred periodically throughout the country.[73][74] The committee's report favored impeachment 38 to 27.[75]

Results of the voting by the Chamber of Deputies on 17 April 2016[76]
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 Labor Party PTN 8 4 12
Party of the Brazilian Women 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

Senate vote on suspension[edit]

When the full lower house voted 367 to 137 for impeachment (7 abstaining, 2 absent),[77] 303 of the 513 members of the lower house faced criminal charges or investigation.[72] The vote required 342 of 513 sitting members to pass, and received 367. Cunha then referred the matter to the Senate, which voted 55–22 vote on 12 May in a marathon session of 20-plus hours, to suspend Rousseff's presidential powers and duties for up to 180 days. During the judicial process leading to a Senate vote on impeachment, then-vice-president Michel Temer served as acting president.[78] But before that, on 5 May 2016, Teori Zavascki, judge of the Supreme Federal Court ruled that Cunha must step down as president of the Chamber, because he faced a corruption trial. The decision was later endorsed by all eleven judges of the Court and did not affect the process of impeachment.[79]

On 12 September 2016, Cunha was ousted from the Chamber with his political rights suspended, accused of lying in testimony to the committee investigating Operation Car Wash allegations, following an internal investigation that lasted eleven months.[80] The following month, on 19 October 2016, Cunha was arrested on corruption and kickbacks charges of over a Petrobras drillship purchase.[81]

Results of the voting by the Senate on 12 May 2016[82]
Party Abbr. For Against Abstain Absent Vacant Total
Brazilian Democratic Movement Party PMDB 13 2 1 2 18
Brazilian Labour Party PTB 1 2 3
Brazilian Republican Party PRB 1 1
Brazilian Social Democracy Party PSDB 11 11
Brazilian Socialist Party PSB 5 2 7
Christian Labour Party PTC 1 1
Communist Party of Brazil PCdoB 1 1
Democratic Labour Party PDT 2 1 3
Democrats DEM 4 4
Green Party PV 1 1
Independent Ind 1 1 2
Party of the Republic PR 4 4
Popular Socialist Party PPS 1 1
Progressive Party PP 6 6
Social Christian Party PSC 1 1 2
Social Democratic Party PSD 3 1 4
Sustainability Network REDE 1 1
Workers' Party PT 11 11
Total 55 22 1 2 1 81

Acting president[edit]

Michel Temer in his first ministerial meeting on 13 May 2016

In the Brazilian political system, the president and vice president run on the same ticket but have constitutionally separate terms. Michel Temer, president of the Chamber during the Fernando Henrique Cardoso presidency from 1995 to 2002.[83] is a member of the Brazilian Democratic Movement Party (PMDB), which announced it was running against the Rousseff government in March 2016.[84][85] According to The Guardian:

"for those desperate for change, Temer represents salvation. Others, more concerned about the country's fragile democracy, believe he is the perpetrator of a coup."[86]

A separate proposal seeks to impeach Michael Temer.

In March 2017, former Odebrecht Group CEO Marcelo Odebrecht, in a cooperation agreement, as part of a plea bargain for leniency, said before Electoral Court (TSE) Judge Herman Benjamin, that PMDB and PT received payments to slush funds of R$150 million (US$48 million) from Odebrecht's construction conglomerate for the 2014 re-election campaign in 2014, and that at least a third of the money originated from corrupt practices. Odebrecht was jailed in June 2015 for corruption uncovered by Operation Car Wash. If the court accepts this testimony, it may[clarification needed] recommend in its final ruling, annulling the Rousseff-Temer winning ticket, Temer removal from office, and call a new presidential election by Congress.[87][88]

Public opinion survey and economics[edit]

A CNT/MDA poll published on 8 June 2016, indicated that 11.3% of Brazilians approved and 28% censured the acting government of President Temer. For 30.2% of respondents, Temer's government is ordinary, while 30.5% gave no answer. The survey revealed that 46.6% of Brazilians believed that the corruption in Temer's government could equal that in Rousseff's government. Also according to the poll, 28.3% believed that corruption could be less, while 18.6% estimated that it could be even greater. Regarding the lawfulness of the process of impeachment, 61.5% agreed with the conduct of the process, 33.3% answered negatively and 5.2% didn't answer. CNT/MDA polled 2,002 people in 137 municipalities in 25 federative units between 2 and 5 June. The margin of error was 2.2 percentage points, with 95% reliability.[89][90]

An Ipsos poll in early July 2016 concluded that 16% of Brazilians preferred Temer in office, and 20% said that Rousseff should be acquitted and finish her four-year mandate; 52% said that whoever assumed the presidency should call new elections for president. However, the anticipated elections were only possible with the approval of a 3/5 majority of Congress or if Temer and Rousseff had resigned simultaneously, always considered unlikely. Alternatively, both could have been removed from office, depending on the outcome of a lawsuit filed in Superior Electoral Court by the PSDB, party of Aécio Neves, the defeated candidate in the presidential elections of 2014, claiming that there was electoral crime in the political campaign of the alliance Rousseff-Temer, with donations made by companies investigated in Operation Car Wash.[91] In the poll, 12% were undecided or had not answered; sample size was 1,200 people in 72 Brazilian municipalities. The margin of error was 3 percentage points.[92][93]

According to the National Confederation of Industry (pt) (CNI), the industry confidence index reached 47.3 points in July 2016, from 45.7 in June, 10.1 points higher than July 2015.[94] In the CNI Industrial Thermometer, released on 2 September 2016, two indicators had positive performance: exports and industrial confidence index. Five others were negative: hours worked in production, employment, sales, investment intention and effective capacity utilization rate. Two indicators were steady: production and actual-planned stock indicator.[95]

According to Brazilian Institute of Geography and Statistics, the National Index of Consumer Prices Broad (pt) in Brazil decreased from 0.78% in May 2016 to 0.35% in June 2016, the lowest index since August 2015.[96]

Impeachment trial[edit]

With the Senate vote to suspend Rousseff's presidential powers and duties, subsequent procedure required new citations, new defence, appointing witnesses and producing evidence for preparation of the final report, voted by a Committee of Senators and then by the Senate House. In both the committee vote and the Senate plenary vote, a simple majority declared the charges either well-founded or not, voting on the final report by simple majority. The first task was notifying Rousseff to allow a new defence. The last phase of the trial, deciding the conviction or acquittal of the suspended President, was chaired by Ricardo Lewandowski, sitting as then Supreme Court president. On this decisive voting, two-thirds of the votes (54 of the total of 81 senators) are needed to permanently remove a President.[97][98][99]

Rousseff's defense[edit]

Rousseff had 20 days to present a preliminary written defense for the trial in the Senate and Rousseff's lawyer, previously both Minister of Justice and Attorney General José Eduardo Cardozo did so on 1 June 2016.[100][101]

José Eduardo Cardozo, lawyer who represented Rousseff

His 370-page filing said that the president had not committed the alleged crimes of responsibility. Rousseff's impeachment "was solely and exclusively aimed at ending Operation Car Wash", Cardozo said, and submitted as evidence transcripts of a recorded telephone conversation between José Sérgio Machado (pt), former president of Petrobras subsidiary Transpetro, and Senator Romero Jucá, an influential politician in the Brazilian Democratic Movement Party (PMDB). Published by the newspaper Folha de S. Paulo, the conversation convinced Cardozo that the two were trying to prevent the investigation from widening, due to the risk to both of being caught up in it, and suggested that Rousseff's impeachment could have been part of an agreement aimed at preventing (and possibly later stopping) the Operation Car Wash investigations.[citation needed] Jucá's lawyer said that his client never thought to interfere in Operation Car Wash and that the dialogue did not suggest that he did.[102][103] Jucá, who had been appointed Planning Minister by Temer, also denied ever attempting to obstruct the investigation, and after speaking with Temer on 23 May, said that he had no intention of resigning.[104] However, the next day Jucá stepped down after eleven days in office.[105]

Committee meetings[edit]

Work plan and preliminary requests[edit]

On 25 May 2016, Senator Antônio Anastasia, rapporteur of the Special Committee of Impeachment 2016 (CEI 2016),[106] presented a work plan for the trial. The next meeting was scheduled for 2 June, to analyse new deadlines.[98]

The committee assessed Anastasia's report and work plan deadlines, and requests by senators[clarification needed], on 2 June 2016.[107] in a session that lasted over nine hours. Anastasia proposed that final arguments be heard by 7 July. Anastasia ruled against recorded telephone conversation between Machado and Jucá being introduced into evidence, ruling it irrelevant since the charges against Rousseff were fiscal responsibility crimes and the recording was only an informal conversation and proved nothing in law. Cardozo protested that the facts cited in the recording were a primary question of the investigation, and announced on 3 June that he would appeal the decision to the president of the Supreme Court, Lewandowski.[108][109] The committee approved the work plan and deadlines on 6 June.[110]

On 7 June, Lewandowski denied the appeal filed by Cardozo to append the recording of Sérgio Machado, citing a precedent that evidence of that type is confidential until the beginning of a formal investigation. Machado was arrested and introduced the recording of the conversation during his interrogatory. Besides, the subject under appeal had been discussed in prior decisions of the Court.[111] Lewandowski also denied an appeal by senator Aloysio Nunes, former member of the Committee, to reduce the number of witnesses. At the 2 June meeting, the Committee had established that eight witnesses would be heard for each of the six supplemental budget decrees against Rousseff, both for the prosecution and for the defence, i.e. a total of 48 witnesses for each side, with each decree considered separately. Nunes contended that the six decrees should be considered a single entity, to be added to the so-called "tax pedalling", so that the number of witnesses to be heard could be reduced to 16.[112]

Janaína Conceição Paschoal, prosecutor

On 8 June, the committee accepted a request by both defence and prosecution reducing to four the number of supplemental budget decrees to be considered in the trial. Thus, the number of witnesses in the process was reduced to forty. Since each charge entitled eight witnesses, the defense of Rousseff could introduce up to 32 witnesses for the four decrees and eight for the "tax pedaling" charge. The prosecution would be entitled to the same number. The decision to reduce the charges was supported by a report produced at the course on the House of Representatives, that considered that two decrees signed by Rousseff without approval of Congress were neutral from a fiscal perspective, once the primary sources and financial expenses listed in these documents were equivalent.[113]

Witnesses[edit]

The hearings began on 8 June 2016 with four prosecution witnesses. The prosecutors were Janaína Paschoal (pt) and Miguel Reale Junior; Rousseff was represented by her lawyer, José Eduardo Cardozo.

Oliveira, procurator of the Federal Court of Accounts (TCU), said that in April 2015 TCU identified the recidivist fiscal misconduct, so-called "tax pedaling", immediately rejected. There was no previous understanding to modify the rules and the consensus, and every time that the TCU has ruled, it had disapproved the conduct adopted by Rousseff.[114] He reiterated that the President acted intentionally to borrow from public banks, and acted "coercively" in these operations. This, in his opinion, was serious, and forbidden by the Fiscal Responsibility Law (pt). The practice, he said, went on for years, including throughout the year 2015.[115]

Antonio Carlos Costa D'avila Carvalho, the auditor of TCU, said that the Rousseff's fiscal practices were unprecedented and caused serious outcomes.[116] Adriano Pereira de Paula, credit operations manager of the National Treasury (pt), and Otavio Ladeira de Medeiros, deputy secretary of the National Treasury, also testified during this session.[clarification needed]

Prosecution witnesses Tiago Alves de Gouveia Lins Dutra and Leonardo Rodrigues Albernaz, both TCU auditors, testified on 13 June. Tiago Dutra said that Rousseff created overdrafts with public banks in 2015 that had already observed in 2014. A TCU report indicated a delay of eleven months in transferring to banks an amount of R$2.6 billion, and five months in transferring R$3 billion related to the operations. For principal and interest, until December 2015, the government have been paid R$15 billion, of which R$2 billion were related to interest.[117] Albernaz said that more than fifty auditors had carried out an analysis of Rousseff accounts and concluded unanimously that her administration has made "the most reckless management" of public finances since the Fiscal Responsibility Law was enacted in May 2000.[118]

Committee President Raimundo Lira announced the decision of the President of the Supreme Court, Ricardo Lewandowski, authorizing an audit requested by the defense. Lira designated a board consisting of three experts, granting to prosecution, defense and Senators 48 hours to formulate questions and indicate technical assistants, as well as 24 hours to refute the appointed experts, fixing also a ten days deadline for the completion of audit.[119]

On 14 June, the first defense witnesses testified. Former Secretary of Planning and Strategic Investment Gilson Bittencourt, and the former Secretary of Agricultural Policy of the Ministry of Agriculture, André Nassar. Bittencourt said that there was no credit operation between the Government and public banks and also denied that there was a delay in paying interest to public banks in 2015. According to Bittencourt, the debit to be paid in 2016 came due only at the time of collection by the banks, every six months.[120] André Nassar said that the Bank of Brazil had an interest in "circulating money", by lending to producers, and even in getting the transfers delayed by the government. He also said that, as Secretary of Agricultural Policy and from the point of view of the agricultural sector, this was the most important to avoid a discontinuity that, had it occurred, would have generated serious outcomes to the sector.[121]

On 15 June, former Deputy Secretary of the Federal Budget Office Cilair Rodrigues de Abreu, former Secretary of Budget and Administration for the Ministry of Social Security José Geraldo França Diniz, and Consultant for the Ministry of Planning, Budget, and Management Walter Baere de Araújo Filho all testified. Cilair Rodrigues said that the understanding of the TCU before 2015 had always been that the future target could be used by the budget secretary in the publication of their reports. This understanding did not change, he said, until 2015.[122] França Diniz testified that due to the complexity of supplemental budget decrees, the documents are reviewed by experts and that while Rousseff signed, it would have been impossible to herself analyse in detail 200 pages of attachments, calculations and spreadsheets. Walter Baere said that the TCU had never issued a formal opinion concerning the illegality of supplemental budget decrees by the president, and that the TCU had the specific legal duty to alert when there is a possibility of not achieving the fiscal targets.[123]

Former Executive Secretary of the Ministry of Education, Luiz Cláudio Costa (pt), former Secretary Executive Assistant of the Ministry of Education Wagner Vilas Boas, Assistant Secretary of Planning and Budget of the Ministry of Education Iara Ferreira Pinho, and Director of the Department of Economic Programs of the Secretary of Federal Budget Clayton Luiz Montes all testified on 16 June. According to Luiz Claudio Costa, the supplemental budget decree for the Ministry of Education[124] was important for the management, enabling several sectors linked to the Ministry, such as universities, institutes and others, to ensure their budget met immediate needs.[125] Vilas Boas explained that it was not granting of the Ministry of Education to evaluate the impact of the credit opening for obtaining the primary balance target. He said that the sectorial authority – in this case the agencies of the Ministry – make a request for supplemental budget, but are liable to policy guidance and technical supervision by the budget agency. Both, Wagner Vilas Boas and Iara Pinho, said they could not give an opinion on the compatibility of the signed supplementary decrees and the current fiscal target since their functions don't allow to accomplish analysis of the achievement of the target. Concerning these statements, the prosecution pointed out that the technicians were not able to explain specifically about the possible crime of responsibility. "The witnesses left shown that unaware the facts. Our claim is that the evidence shall excused", said prosecution lawyer, Janaina Paschoal, after the testimony of Iara Pinho.[126][127]

Clayton Luiz Montes said that "the government has followed the new understanding of the TCU by October 2015. Since that time, were not sent any credit decrees".[128] This, nevertheless, is conflicting with the statements of TCU auditors, that there was not previous understanding to modified the rules.[114]

On 17 June, former Minister of Planning, Budget and Management Nelson Barbosa, former Minister of Education José Henrique Paim (pt), Director of the Department of Infrastructure Programs of the Federal Budget Secretary Zarak de Oliveira Ferreira, Analyst of Planning and Budget of the Ministry of Planning, Budget and Management Antonio José Chatack Carmelo, and Planning and Budget Analyst of the Federal Budget Office, Georgimar Martiniano de Sousa testified.

Nelson Barbosa said that the additional credit decrees issued by President Rousseff from June to August 2015 not prevented the fulfillment of the fiscal target approved by Congress in early 2015 and, since is an supplemental credit that has no impact on the target, was not considered a target of primary balance, but to give more autonomy to the allocation of a value already available.[129] Henrique Paim said that the decrees were essential to the functioning of various sectors of Education, including scientific research and operation of universities. Moreover, according to the former minister, the additional credits are often edited based on revenue generation, provided by "budget units", linked to the Ministry.[130] Also the technicians Zarak de Oliveira, Chatack Carmelo and Georgimar Martiniano, have not seen incompatibility of supplemental decrees with the fiscal target.[131]

From 20 to 24 June, there were five meetings, with hearings of fifteen witnesses called by the defense.

On 20 June, former Deputy Chief for Legal Affairs of Staff of the Presidency Ivo da Motta Azevedo Correa, former Minister of Education Renato Janine Ribeiro Director of the Department of Social Programs of the Secretary of Federal Budget Felipe Daruich Neto, and former Deputy Executive Secretary of the Staff of the Presidency, Bruno Moretti all testified. Ivo Correa said that an alert of the TCU is not a decision of the Court, therefore, the government relied on previous jurisprudence to edit the decrees. Janine Ribeiro said that no alert was received from the TCU about irregularities in the supplemental budget decrees when Minister of Education.[132] Daruich Neto saids that, at any time, as occurred any intentional misconduct and is impracticable to the President evaluate all decrees, before sign it.[133]

Former Minister of the Secretary of Human Rights (pt) Pepe Vargas (pt), former Minister of Planning, Budget and Management Miriam Belchior (pt) (who was also the former President of Caixa Econômica Federal), Planning and Budget Analyst Orlando Magalhães da Cunha and Coordinator of Budget and Finance of the Ministry of Justice Marcelo Minghelli testified on 21 June. The former Minister Pepe Vargas asserted that the supplemental credit to Secretary of Human Rights was derived not just from Treasury resources, but of surplus resources of funds obtained through donations by individuals and corporations.[134] Mirian Belchior said that the supplemental budget decrees, by which Rousseff is indicted were lawful and was impossible increase the resources contingency as made in 2015.[135]

Planning and Budget Analyst and General Coordinator of Technology and Information of the Federal Budget Office Robson Azevedo Rung, Secretary of Institutional Organization of the Ministry of Defence Luiz Antonio de Souza Cordeiro, and Superior Labor Court representative Luciano Carlos de Almeida testified on 22 June. Azevedo Rung said that the Federal Budget Office received a new interpretation from TCU only in 2015, concerning to procedures that ever were well settled.[136]

Also, at this session, the Committee approved a new timetable for the trial. On 6 July, testimony of Rousseff, who can be represented by her lawyer, José Eduardo Cardozo. From 7 to 12 July, final arguments of the prosecution and from 13 to 27 July, final arguments of the defence. On 9 August, discussion and voting of the report in plenary and 22 August, the estimated date to decisive judgment.[137][138]

Committee meeting on 23 June 2016

The deputy secretary of Planning, Budget and Administration of the Ministry of Science, Technology and Innovation Anderson Lozi da Rocha and former federal budget secretary Esther Dweck testified on 23 June. Dweck denied that the supplemental budget decrees in 2015 has contributed to the breach of the target for primary surplus for that year.[139]

Two more witnesses (former executive secretary of the Ministry of Labor and Employment Francisco José Pontes Ibiapina and the Director of Special Programs of the Secretary of Federal Budget Marcos de Oliveira Ferreira) testified on 24 June. Pontes Ibiapina said that the supplemental budget decrees were published to aid programs as the transfer of resources to States and Municipalities, by the National Employment System (pt) and other programs.[140]

Former Ministry of Agrarian Development Patrus Ananias (pt) testified on 27 June. Ananias said that he did not acknowledge the "tax pedalling" and the resources were transferred from the Bank of Brazil directly to producers with subsidized interest rates, due to the heed that agriculture deserves.[141]

On 28 June, were heard Maria Fernanda Ramos Coelho (pt), former Executive Secretary of the Ministry of Agrarian Development, Aldo Rebelo, former Ministry of Defence, Luís Inácio Adams, former General's Office attorney and Antônio Carlos Stangherlin Rebelo, technical responsible for analysis of supplemental credits on the National Justice Council. Maria Fernanda said that the delay in the payment of interest rate equalization of the Plan Safra (government's plan to support agriculture) for 2015, did not configure a credit operation, since the non-compliance was not subject to penalty payment in the contract term. According to former Secretary, the values were only monetarily adjusted. The prosecution lawyer Janaína Paschoal (pt) rejected the claims of Maria Fernanda and said that the remuneration per interest rate SELIC (pt) (a benchmark interest rate of the Brazilian economy) is a proof that there was a credit operation. The prosecution reiterates that this statement confirmed the infringement materiality, she concluded.[142] Aldo Rebelo rejected the accusations that the government spent wantonly in 2015, and that year was characterized by fiscal adjustments and efforts to reduce the public spending.[143]

On 29 June, were heard João Luiz Guadagnin, Director of the Department of Finance and Production Protection of the Ministry of Agrarian Development, Marcel Mascarenhas dos Santos, Prosecutor of the Central Bank, Fernando Rocha, Deputy Head of the Economic Department of the Central Bank, and Paulo José dos Reis Souza, Finance and Control Analyst and Fiscal Policy Secretary on the National Treasury Secretary (pt).[144][145]

The witness hearings ended on 29 June. A total of 44 witnesses were heard, six convened by prosecution and 38 by the defense. At the end of the witnesses hearings phase, both the prosecution and the defense lawyers said they were confident about their theses. Prosecution lawyer Janaina Paschoal criticized the actions of Rousseff's defense because of the large number of witnesses called. Defense lawyer José Eduardo Cardozo also expressed confidence, but said that the process has a political nature and this may interfere in the result. He also pointed out that some senators refused to discuss with the witnesses because they were already a judgment before the completion of work.[145]

Auditors' report[edit]

The board of experts designated at the 13 June session by committee president Raimundo Lira was heard on 5 July. This board had audited the documents, as requested by the defense and authorized by Lewandowski. They found that the delays in the transfer of payments to the public banks did constituted loans. However, they avoided considering whether the president intended this and said that this judgment should be made by the senators. Also heard were the assistant to the prosecution, Selene Péres Nunes and the assistant to the defense, Ricardo Lodi Ribeiro. Nunes said that there was willful misconduct by the President, since the operations had been hidden by accounting and the government had later issued a provisional measure (pt) allowing payment of the debts.[146] Ribeiro said that the supplemental budget decrees were submitted for her signature by the technical areas of the ministries, and her participation, as demonstrated in the report, was limited to signing them.[147]

Rousseff interrogatory and final arguments[edit]

Rousseff was scheduled to be questioned on 6 July, but she declined to attend and sent a letter that was read by Cardozo.[148] Rousseff defended herself, claiming that she was the victim of a conspiracy, that "a number of political forces" saw her as a risk and those who "failed to acknowledge the opposition's defeat [in the 2014 presidential elections in Brazil]" wanted a different political party for the country. She also said she acted in bona fide and asked lawmakers to "get rid of personal bias". [149] The final arguments were delivered on 12 July[150] and 28 July[151] respectively, for preparation of the final report by rapporteur, Antonio Anastasia.[152]

Final report: discussion and approval[edit]

Anastasia submitted the final report on 2 August,[153] concluding that Rousseff was culpable.[154] On 3 August, the document was discussed by the committee. João Correia Serra, prosecution lawyer in lieu,[clarification needed] praised Anastasia's report and stressed the known "centralizing temperament" of Rousseff, making it seem unlikely Rousseff had been unaware of or had not directly ordered the actions of which she was accused. Countering, Cardozo said that he was sure that Anastasia's report did not evince that Rousseff had committed crimes, and accused the rapporteur, despite his aptitude and brilliance, of managing his actions within the opinion of his party.[155] On 4 August, the report was voted on and approved by 14–5 votes, closing the work of the Committee, to be followed for voting on the Senate floor on 9 August, chaired by Ricardo Lewandowski, Supreme Federal Court president.[156][157]

Senate vote on the final report[edit]

In a long session on 9 and 10 August the Senate approved Anastasia's final report[158] and by 59–21 vote, the indictments against Dilma Rousseff were upheld,[159][160][161] ending the penultimate phase of the process, called pronunciation and determining the final judgment in the Senate, beginning on 25 August. In this judgment, two-thirds of 81 senators were necessary to remove the President from office and make her ineligible for office, for eight years subsequent to 1 January 2019, when her second term would end.[162]

Deciding Senate vote[edit]

The last phase of the trial consisted of four steps:

  1. Cross-examination of witnesses by Lewandowski and the senators (eight witnesses, two called by the prosecution and six by the defence). Finally, cross-examination by prosecution and defence lawyers.[163]
  2. Cross-examination of Rousseff by senators,
  3. Final arguments by prosecution and defence.[164]
  4. Vote by senators.

Cross-examination of witnesses[edit]

On 25 August, the prosecution called two witnesses, Julio Marcelo de Oliveira, procurator of the Federal Court of Accounts (TCU), and author of the report recommending the rejection of 2014 accounts, and Antonio Carlos Costa D'avila Carvalho Júnior, the auditor of TCU. Oliveira was questioned as an expert witness not an evidentiary witness, as ruled by Lewandowski. after Cardozo accused Oliveira of making a report based on a biased understanding. He denied this, saying that only fulfilled a recommendation to adopt a "less tolerant" rule came from TCU. Oliveira asserted that Rousseff broke budget laws in 2014 and also in 2015. In his status as informant, his complaints could not be considered as evidence, but as technical information. The next prosecution witness questioned, D'Avila Carvalho, asserted that Rousseff "disguised" the accounting and was responsible for delaying transfers to state banks. Cardozo tried to disqualify this witness, accusing him of bias because he had helped Oliveira to draft the TCU report, "a clearly an unethical situation that violates the principle of impartiality." However, Lewandowski denied this motion.[165]

Impeachment trial begins on 25 August 2016

Cross-examination continued the next day when the defense called six witnesses:

Dweck was found by Lewandowski to have a conflict of interest, since she was being contracted for the office of Gleisi Hoffmann, one of the senators opposed to impeachment. Gonzaga Belluzzo and Ribeiro Lodi testified as expert witnesses.[166]

Belluzo said that removal of an elected officials should require very special care and could only be done in extreme situations, and also that the trial wasn't facing one.[167]

Mascarenhas Prado said that in signing decrees Rousseff had relied on subordinates who vouched for the signings' legality, adding that she was "was dismissed for issuing a decree to follow a determination of the National Justice Council".[168] Cláudio Costa said the supplementary credit decrees were used for educational programs. Senator Cássio Cunha Lima refused, saying that the crime was not expanding of universities and technical schools, but the lack of Congress authorization for the decrees.[169]

Barbosa said that decrees provide more leeway in the administration of funds, when the budget is limited, and are used by experienced officials. Pro-impeachment senators insisted that the decrees had aggravated the economic crisis facing the country. Barbosa countered that the crisis was due to various internal and external factors.[170] At last, Ribeiro Lodi stated that the decrees issued by the President in July and August 2015 were not considered violations until then by TCU and at that moment, when the decrees were issued, this understanding did not exist.[171]

Cross-examination of Rousseff by senators and final arguments by lawyers[edit]

Dilma Rousseff at the Senate on 29 August 2016

Rousseff spoke in her own defense before the Senate on 29 August for 45 minutes, proclaiming her innocence and decrying the impeachment process, noting that many of her accusers faced worse charges than she.[72] "Everybody knows this impeachment process opened with explicit blackmail by the former head of the lower house, Eduardo Cunha,”[173] she said. She then answered questions from senators for more than twelve hours.[174] She explained that she had needed to make difficult choices on the budget, to address declining revenue and a refusal by opposition in Congress to work with her.[172] She compared her situation with other Brazilian presidents pursued by their opponents, including João Goulart, a leftist ousted in a military coup in 1964, and replaced by a 21-year dictatorship.

She also compared the effort to impeach her to the torture she endured after agents of the military dictatorship arrested and jailed her as an urban guerrilla. Rousseff called the impeachment proceedings a new type of coup and evoked the breakdown of Brazilian democracy in the 1960s before the military coup. Senator Ana Amélia Lemos in reply expressed respect for her personal history but said that the senators were not there to judge her biography, but the actions of her government. She said Rousseff had broken the law by manipulating the budget manipulation to hide economic problems.[175]

The proceedings resumed on 30 August with the final arguments of the prosecution and defense,[176][177] and then the speeches of the senators. The speeches lasted twelve hours, ending about 02:30 am on the 31st.[178]

Senate vote[edit]

The Senate found President Dilma Rousseff guilty of responsibility crimes and administrative misconduct regarding the federal budget and removed her from office after a vote of 61–20 on 31 August 2016.[7] In a separate vote on whether she should be barred from public office for eight years, senators voted 42-36 in favor. A two-thirds majority of the votes (54 of 81 senators) would have been needed, so she will be able to run for any public office again in the near future.[179][180][181][182] She has vowed to do so.[183]

Results of the voting by the Senate on 31 August 2016 - Impeachment[184]
Party Abbr. For Against Abstain Absent Vacant Total
Brazilian Democratic Movement Party PMDB 17 2 19
Brazilian Labour Party PTB 1 2 3
Brazilian Republican Party PRB 1 1
Brazilian Social Democracy Party PSDB 11 11
Brazilian Socialist Party PSB 5 2 7
Christian Labour Party PTC 1 1
Communist Party of Brazil PCdoB 1 1
Democratic Labour Party PDT 3 3
Democrats DEM 4 4
Green Party PV 1 1
Independent Ind 1 1
Party of the Republic PR 4 4
Popular Socialist Party PPS 1 1
Progressive Party PP 6 1 7
Social Christian Party PSC 2 2
Social Democratic Party PSD 3 1 4
Sustainability Network REDE 1 1
Workers' Party PT 10 10
Total 61 20 81
Results of the voting by the Senate on 31 August 2016 - Loss of political rights for eight years[185]
Party Abbr. For Against Abstain Absent Vacant Total
Brazilian Democratic Movement Party PMDB 7 10 2 19
Brazilian Labour Party PTB 1 2 3
Brazilian Republican Party PRB 1 1
Brazilian Social Democracy Party PSDB 11 11
Brazilian Socialist Party PSB 3 4 7
Christian Labour Party PTC 1 1
Communist Party of Brazil PCdoB 1 1
Democratic Labour Party PDT 1 2 3
Democrats DEM 3 1 4
Green Party PV 1 1
Independent Ind 1 1
Party of the Republic PR 1 3 4
Popular Socialist Party PPS 1 1
Progressive Party PP 6 1 7
Social Christian Party PSC 2 2
Social Democratic Party PSD 3 1 4
Sustainability Network REDE 1 1
Workers' Party PT 10 10
Total 42 36 3 81

Lawsuits against the Senate judgment[edit]

Rousseff's defence on 1 September 2016 filed a writ of mandamus with the Supreme Court against the Senate decision to remove her from office,[186] which the court rejected on 8 September.[187] On 30 September, the defence filed a last appeal of the impeachment. A 493-page piece called for an annulment. "This petition is aimed at invalidating the decision-making legal act of the Senate that led to the conviction, on August 31 this year, for the crime of responsibility of Her Excellency President of the Republic, Dilma Rousseff", reads the text.[188] The appeal, signed by José Eduardo Cardozo, was denied by Supreme Court on 20 October.[189]

On the other hand, the parties PSDB, DEM and PPS also decided to file a mandamus at the Supreme Court, against the decision on the impeachment trial, to vote separately the loss of political rights, allowing the former President to run for public office, opposed to law that defines the crimes of responsibility and regulates the respective trial process (impeachment law),[190] that determines a concommitance of penalties.[191]

After impeachment[edit]

Reactions[edit]

International reaction[edit]

In May 2016, just after Senate voted to suspend Rousseff's presidential powers. A New York Times editorial voiced support for Rousseff's concerns about the integrity and possible ulterior motives of the politicians who voted for her impeachment, though it considered her defense "debatable".[192]

The South American states of Ecuador, Bolivia and Venezuela reacted to the impeachment of President Dilma Rousseff by recalling their ambassadors.[193] The government of Argentina declared neutrality, viewing the impeachment as an internal Brazilian affair.[194] The Argentine Ministry of Foreign Affairs said that Argentina recognized "the institutional process" that had taken place.[195] Representatives from Bolivia, Costa Rica, Cuba, Ecuador, Nicaragua and Venezuela walked out during Temer's speech at the UN General Assembly on 20 September 2016.[196] Temer defended the impeachment, and said that it occurred with "absolute respect for the constitutional order".[197]

On 22 August, about a week before the impeachment vote, the Brazilian Senate submitted a letter to the Organization of American States (OAS) in response to a complaint from PT, that the impeachment process was an "institutional coup". OAS asked for information about this complaint and Brazilian Senate stated in letter that "the constitutional rules were strictly observed, objections raised, and appeals to the Supreme Court were accepted."[198]

In early September, just after the final vote, the Inter-American Commission on Human Rights of OAS expressed in a press release concern about the impeachment procedure.[199]

National reaction[edit]

The television coverage of the impeachment vote on 31 August 2016, was watched by 35.1 million viewers in Brazil, according to GfK research.[200]

After the decision of the Senate to impeach Dilma Rousseff, protests organized by supporters of the former president took place in several Brazilian cities against the decision and calling for new elections.[201][202][203]

Public opinion survey and economics[edit]

In an Ibope survey in September, after about a month of President Temer's administration, 39% of Brazilians rated his administration "bad or terrible", while 14% considered it "great or good". 2,002 people were heard between 20 and 25 September, and the margin of error was two percentage points.[204] The Brazilian Bovespa stock index (.BVSP) gained more than 20% in 2016.[205]

See also[edit]

References[edit]

  1. ^ "Constituição da República Federativa do Brasil de 1988" [Constitution of the Federative Republic of Brazil 1988] (in Portuguese). Presidência da República do Brasil. 5 October 1988. Retrieved 12 August 2016.  Art. 85: Are crimes of responsibility the acts of the President of the Republic which attempt on the Federal Constitution and, especially, against the probity in administration (item V) and the budget law (item VI)
  2. ^ "Lei Complementar nº 101, de 4 de Maio de 2000" [Supplementary Law n.101 of 4 May 2000] (in Portuguese). Presidência da República do Brasil. 4 May 2000. Retrieved 12 August 2016.  Art. 36: It is forbidden the credit operation between a State financial institution and the member of the Federation that control it, in quality of the loan beneficiary.
  3. ^ Felipe Amorim (2 December 2015). "Veja 8 razões a favor e contra o impeachment da presidente Dilma Rousseff" [See 8 reasons for and against the impeachment of President Dilma Rousseff] (in Portuguese). UOL Notícias – Política. Retrieved 13 May 2016. 
  4. ^ a b c d Helio Bicudo, Miguel Reale Jr, Janaína Paschoal (lawyers) (15 October 2015). "Pedido de impeachment da presidente Dilma Rousseff" [Impeachment request of President Dilma Rousseff] (PDF) (in Portuguese). p. 11. Retrieved 13 May 2016. 
  5. ^ "STF arquiva pedido de investigação contra Dilma na compra de Pasadena" [STF archives request for investigation against Dilma on the purchase of Pasadena] (in Portuguese). Portal iG. 4 May 2016. Retrieved 13 June 2016. 
  6. ^ André Richter (5 May 2016). "Supreme Court dismisses allegations implicating Rousseff over Pasadena deal". Agência Brasil. Retrieved 4 January 2017. 
  7. ^ a b CNN, Catherine E. Shoichet and Euan McKirdy. "Brazil's Senate ousts Rousseff in impeachment vote". CNN. Retrieved 31 August 2016. 
  8. ^ "Brazil impeachment: Key questions". BBC News. 31 August 2016. Retrieved 4 January 2017. 
  9. ^ Dom Phillips (December 12, 2016). "Brazil president Michel Temer accused of soliciting millions in illegal donations". The Guardian. Retrieved April 28, 2017. 
  10. ^ "Brazil court delays ruling in case that could unseat President Temer". Reuters. 4 April 2017. 
  11. ^ Marcelo Brandão (6 April 2017). "Ruling on Rousseff and Temer's 2014 campaign funding possible by June". Agência Brasil. Retrieved 16 April 2017. 
  12. ^ a b Costas, Ruth (21 November 2014). "Petrobras scandal: Brazil's energy giant under pressure". BBC News. Sao Paulo. Retrieved 20 March 2015. 
  13. ^ a b Dwyer, Rob (March 2015). "Brazil: Petrobras will be shut out of bond markets until 2016". Euromoney. Retrieved 20 March 2015. 
  14. ^ Pugile, Frederic (13 March 2016). "Luiz Inacio Lula da Silva's dramatic downfall rattles Brazil". The Washington Times. Retrieved 14 March 2016. 
  15. ^ Darlington, Shasta (12 April 2015). "Protesters in Brazil push to impeach President Dilma Rousseff". CNN. Retrieved 13 April 2015. 
  16. ^ 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. 
  17. ^ "Supreme Court dismisses allegations implicating Rousseff over Pasadena deal". EBC Agência Brasil. May 5, 2016. Retrieved April 12, 2017. 
  18. ^ "Em infográfico, entenda o que são as pedaladas fiscais do governo Dilma" [In infographic, understand the fiscal pedaling in Dilma's government] (in Portuguese). Zero Hour. 17 July 2015. Retrieved 6 December 2015. 
  19. ^ Carlos Garcia (8 October 2015). "O que é pedalada fiscal? Um manual para não-economistas" [What is fiscal pedaling? A manual for non-economists] (in Portuguese). mercadopopular.org. Retrieved 6 December 2015. 
  20. ^ "As 'pedaladas fiscais' do governo Dilma" [The 'fiscal pedaling' on government Dilma] (in Portuguese). O Estado de S. Paulo. Retrieved 19 March 2016. 
  21. ^ Alexander Martello; Fabio Amato (17 June 2015). "Entenda as 'pedaladas fiscais' e o que o TCU avalia nas contas do governo" [Understand 'tax pedaling' and the TCU assesses in government accounts] (in Portuguese). Rede Globo. Retrieved 5 December 2015. 
  22. ^ Alessandra Ribeiro (9 December 2015). "How the government developed its penchant for pedaling". Valor Econômico. Retrieved 11 April 2017. 
  23. ^ Ana Clara Costa (22 April 2015). ""O governo fez bancos do Estado pagarem as suas despesas – e isso não é pedalada"" [The government did state banks pay their expenses – and this is not pedaling] (in Portuguese). Veja. Retrieved 6 December 2015. 
  24. ^ a b Fernando Rego Barros (16 April 2015). "TCU conclui que o governo infringiu a Lei de Responsabilidade Fiscal" [TCU concludes that the government has violated the Fiscal Responsibility Law]. Rede Globo. Retrieved 20 December 2016. 
  25. ^ Bernard Caram (7 October 2015). "Em decisão unânime, TCU rejeita contas do governo Dilma em 2014" [In a unanimous decision, TCU rejects bills of government Dilma and 2014]. O Estado de S. Paulo. Retrieved 20 March 2016. 
  26. ^ "Lei Complementar No. 101 de 4 de Maio de 2000" [Supplementary Law No. 101 of 4 May 2000] (in Portuguese). Palácio do Planalto. 4 May 2000. Retrieved 19 March 2016. 
  27. ^ Deborah Cruz; Philip Matoso (7 October 2015). "TCU recomenda ao Congresso reprovar contas do governo de 2014" [TCU recommended to Congress disapprove government accounts 2014] (in Portuguese). Rede Globo. Retrieved 6 December 2015. 
  28. ^ "O TCU e o Controle Externo" [TCU and External Control] (in Portuguese). the Federal Audit Court. Retrieved 19 March 2016. 
  29. ^ Noelle Oliveira (27 October 2014). "Eleição presidencial de 2014 foi a mais acirrada após ditadura" [2014 presidential election was the most strifed after dictatorship] (in Portuguese). EBC. Retrieved 18 March 2016. 
  30. ^ "Dilma toma posse para segundo mandato" [Rousseff takes office for second term]. Correio. 1 January 2015. Retrieved 5 December 2015. 
  31. ^ "Todos os estados e o DF têm protestos contra o governo Dilma" [All states and the DF have protests against the government Dilma]. G1. 16 August 2015. Retrieved 5 December 2015. 
  32. ^ Filipe Matoso (1 July 2015). "Governo Dilma tem aprovação de 9%, aponta pesquisa Ibope" [Government Dilma has 9% approved, points Ibope survey]. G1. Archived from the original on 8 January 2017. Retrieved 5 December 2015. 
  33. ^ Alexandre Aragon (6 August 2015). "Reprovação de Dilma cresce e supera a de Collor em 1992" [Rousseff's disapproval grows and exceeds that of Collor in 1992]. Folha de S.Paulo. Archived from the original on 4 March 2016. Retrieved 5 December 2015. 
  34. ^ a b "Dilma diz estar "indignada" com pedido de impeachment" [Dilma says she is "outraged" with request for impeachment]. UOL. 2 December 2015. Retrieved 6 December 2015. 
  35. ^ Alonso Soto (11 August 2015). "Fiscal probe for Brazil's Rousseff poses impeachment threat". Reuters. Retrieved 17 April 2017. 
  36. ^ Marcelo Brandão (8 October 2015). "TCU recommends rejection of 2014 government accounting practices". Agência Brasil. Retrieved 17 April 2017. 
  37. ^ Fernando Rêgo Barros (16 April 2015). "TCU conclui que o governo infringiu a Lei de Responsabilidade Fiscal" [TCU concludes that the government has violated the Fiscal Responsibility Law] (in Portuguese). Jornal da Globo. Retrieved 17 April 2017. Repasses a bancos públicos teriam sido adiados com o objetivo de melhorar resultados fiscais entre 2012 e 2014, as chamadas "pedaladas fiscais". (Onlendings to public banks would have been postponed with the objective of improving fiscal results between 2012 and 2014, the so-called "fiscal pedaling".) 
  38. ^ "Eduardo Cunha accepts charges filed for Rousseff's ouster". Agência Brasil. 2 December 2015. Retrieved 30 December 2016. 
  39. ^ Carolina Gonçalves (3 December 2015). "Lower House Speaker: Rousseff lied when denied political bargaining". Agência Brasil. Retrieved 30 December 2016. 
  40. ^ a b c Carolina Gonçalves (3 December 2015). "Cunha diz que Dilma mentiu à nação ao negar barganha política" [Cunha says Dilma lied to the nation in denying political bargaining] (in Portuguese). Agência Brasil. Retrieved 6 December 2015. 
  41. ^ "Lower House Speaker: Rousseff lied when denied political bargaining". Agencia Brasil. 3 December 2015. Retrieved 31 December 2016. 
  42. ^ Daniel Carvalho; Igor Gardelha (3 December 2015). "'Quem fez barganha foi o governo, não eu', alega Cunha sobre impeachment" ['Who did bargain was the government, not me', claims Cunha on impeachment] (in Portuguese). Estadão. Retrieved 6 December 2015. 
  43. ^ "Para especialistas, impeachment dependerá do futuro de Cunha" [For experts, impeachment depends on the future of Cunha] (in Portuguese). Terra Networks. 6 December 2015. Retrieved 2 July 2016. De acordo com o professor da Universidade Federal de Minas Gerais (UFMG) Leonardo Avritzer, desde a posse de Dilma, prevalece um cenário de “fragmentação política”, com demonstrada dificuldade do governo de obter apoio no Congresso Nacional. Ele atribui o problema à pouca habilidade da presidente em conquistar aliados e também a falhas no sistema político, que permite uma pulverização de partidos, tornando mais difícil a governabilidade.[...] A análise é semelhante à do vice-diretor do Instituto de Estudos Sociais e Políticos da Rio de Janeiro State University (Uerj), João Feres Júnior. [...} Feres Júnior lembra que, desde a posse da presidente, a oposição, liderada pelo PSDB, tenta revogar o resultado das urnas. “A primeira estratégia foi pedir a recontagem de votos, alegando fraude eleitoral, depois, reprovar as contas da campanha”, cita. “A oposição está mais interessada em desestabilizar o governo e tirar a presidente do que promover o bem público”, diz / Translated: According to Leonardo Avritzer, a professor at the Federal University of Minas Gerais (UFMG), since Dilma's inauguration, a scenario of "political fragmentation" prevails, with demonstrated difficulty for the government to obtain support in the Congress. He attributes the problem to the president's poor ability to win allies and also to failures of the political system, which allows a splintering of parties, making governance more difficult. [...] "The analysis is similar to that of the deputy director of the Institute of Social and Political Studies of the State University of Rio de Janeiro (Uerj), João Feres Júnior." [...] Feres Júnior remember that since the president's inauguration, the opposition, led by the PSDB, had tried to revoke the result of the polls. "The first strategy was to ask for a recount, alleging electoral fraud, then, to reprove the accounts of the campaign, he cites. "The opposition is more interested in destabilizing the government and removing the president; than promoting the public wellness," he says. 
  44. ^ "Brazil poll: Rousseff popularity still falling, impeachment favored". Reuters. 21 July 2015. Retrieved 21 July 2015. 
  45. ^ CNT/MDA (March 2015). "Pesquisa CNT/MDA - Relatório Síntese - Rodada 127 - 16 a 19 de março de 2015" [Pools CNT/MDA - Syntesis Report - Round 127 - 16 to 19 March 2015] (PDF) (in Portuguese). Retrieved 25 December 2016. 
  46. ^ 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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  48. ^ Joe Leahy (May 12, 2016). "What is Brazil's president Dilma Rousseff accused of?". Financial Times. 
  49. ^ Sergio Spagnuolo (16 November 2015). "Brazil prosecutors say bribes paid in Petrobras Texas refinery deal". Reuters. Retrieved 26 December 2016. 
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  60. ^ Request for impeachment, pg 22–38; pg.38: Com efeito, como evidenciado em sede de Representação Criminal encaminhada à Procuradoria Geral da República, ao fazer empréstimos proibidos e não os contabilizar, a Presidente da República poderia até, em tese, ser inclusa nas iras do artigo 299 do Código Penal, que tipifica a falsidade ideológica. A situação resta ainda mais grave, quando se constata que todo esse expediente fora intensificado durante o ano eleitoral, com o fim deliberado de iludir o eleitorado. Daí ser possível falar em verdadeiro estelionato eleitoral.
    (In fact, as evidenced by a Criminal Representation sent to the Office of the Attorney General, by held illegal credit operations and not counting them, the President could, in theory, be included under Article 299 of the Penal Code, which typifies ideological falsity. The situation is more serious, when this whole procedure had been intensified during the election year, with the deliberate purpose of deceiving the electorate. Hence it is possible to supose in a real electoral swindle.)
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  62. ^ Request for impeachment, pg 45
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External links[edit]