Supreme court rules for Senate independence and non-secret voting n impeachment

Brazil's Supreme Court (STF) handed down a decision Thursday (Dec. 17) about the applicability of the rules for the impeachment proceedings opened by the Speaker of the Chamber of Deputies, Eduardo Cunha, against President Dilma Rousseff. The court ruled that the Senate has the authority to make its own decisions on the proceeding.

Rule change
The court repealed the secret voting on a special impeachment committee in the Chamber of Deputies and banned any alternative slates. The justices understood that the lower house parties—rather than Congress members individually—have the authority to choose their representatives to the committee.

President Dilma Rousseff will not have to present a defense before the committee decides on the merits of the impeachment case to accept or dismiss it. However, the STF did uphold the president's right to present a defense at the end of each stage in the process, otherwise the process could be repealed.

Senate independence
The Supreme Court ruled that the Senate is not bound to abide by the Chamber of Deputies' decision on whether to accept or dismiss the impeachment case. This means that the Senate may dismiss the case if it so decides, even if it is accepted by two thirds of the deputies (342 votes). It was also established that decisions on whether the case will proceed to trial by the Senate, and whether Rousseff will have to temporarily step aside during trial, will be subject to Senate approval by a majority of votes cast. A final ruling for impeaching the president will be subject to approval by two thirds of the Senate.

Translated by Mayra Borges

*With additional reporting by André Richter.