logo Agência Brasil
Politics

Rousseff's defense to appeal to Supreme Court

According to Rousseff's defense lawyer, former Justice minister José
Ivan Richard reports from Agência Brasil
Published on 31/08/2016 - 17:45
Brasília
Brasília - A presidenta afastada, Dilma Rousseff, conversa com o seu advogado, José Eduardo Cardozo, durante sessão de julgamento do impeachment no Senado (Fabio Rodrigues Pozzebom/Agência Brasil)
© Fabio Rodrigues Pozzebom/Agência Brasil
Brasília - A presidenta afastada, Dilma Rousseff, conversa com o seu advogado, José Eduardo Cardozo, durante sessão de julgamento do impeachment no Senado (Fabio Rodrigues Pozzebom/Agência Brasil)

According to Rousseff's defense lawyer, former Justice Minister José Eduardo Cardozo, there is no cause for impeachment and there was denial of opportunities to be heard in several stages of the case.Fabio Rodrigues Pozzebom/Agência Brasil

The former President Dilma Rousseff's defense said they will bring at least two actions to the Supreme Court (STF) questioning the impeachment process, concluded this Wednesday (Aug. 31) at the Senate.

According to Rousseff's defense lawyer, former Justice Minister José Eduardo Cardozo, there is no cause for impeachment and there was denial of opportunities to be heard in several stages of the case.

"We will bring, at first, two actions, one to be taken out today and the other within a few days. We will discuss irregularities in the formal process, denial of opportunities to be heard, because senators have deliberated on the case before the defense could be heard," explained Cardozo.

According to him, at the special commission, for example, several senators claimed that the defense could "do whatever it wanted" that the result had already been achieved. "This is a substantive violation to the legal process."

Risks

The ousted president's attorney added that there is no legal reason for the impeachment. "We will also question the lack of cause for the case, lack of motive. I know there are judges who have a more traditional view, in which an impeachment process cannot be reconsidered. In my view, this is an old [idea]. We have a more modern view," he pointed out.

For Cardozo, the idea that the impeachment cannot be questioned puts at risk even Supreme Court justices and the prosecutor-general. "If we cannot reconsider the impeachment, tomorrow or any other day, Supreme Court justices or the prosecutor-general may be removed from office without the legal requirements. We are not discussing political merits, we question the lack of legal requirements established in the Constitution. "

For the former justice minister, today is a "sad day for democracy." "It's a sad day for democracy in Brazil where a legitimately elected president was removed from office without any constitutional basis or requirements, including the lack of requirements for due legal process."


Translated by Amarílis Anchieta


Fonte: Rousseff's defense to appeal to Supreme Court