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Supreme Court: Lawmakers not to be ousted without Congress approval

The ruling will apply in the case of Senator Aécio Neves, removed from
André Richter reports from Agência Brasil
Published on 13/10/2017 - 15:59
Brasília
Plenário do Supremo começa a decidir sobre afastamento de parlamentares
© Nelson Junior/STF/direitos reservados
Plenário do Supremo começa a decidir sobre afastamento de parlamentares

Supreme Court justices decided that lower house and the Senate members cannot be ousted through provisional measures issued by the top court without approval from Congress.Nelson Junior/STF

The majority of Supreme Court justices decided that lower house and the Senate members cannot be ousted through provisional measures issued by the top court without approval from Congress. The decision was made after the definitive vote of Chief Justice Cármen Lúcia. The trial ended with six votes against five, on Wednesday evening (Oct. 11).

The ruling will apply in the case of Senator Aécio Neves, which filed an appeal with the Supreme Court early in September, against a previous decision to oust him and ban him from leaving his home at night. The move sparked fierce debate on the autonomy of the three government branches—legislative, executive, and judiciary.

In the definitive Wednesday vote, Cármen Lúcia understood that the Supreme Court may issue provisional measures, but it is the job of Congress to have the final say on the matter, in observance of the result of the popular vote. However, the chief justice added, immunity does not mean impunity.

Brasília - O senador Aécio Neves fala à imprensa após audiência com o presidente Michel Temer no Palácio do Planalto (Wilson Dias/Agência Brasil)

Senator Aécio NevesWilson Dias/Agência Brasil

Senator Aécio Neves was brought under the spotlight after he was named by JBS group executive Joesley Batista in a plea bargain statement. Batista told prosecutors that Neves asked for $630 thousand to cover defense costs in Operation Car Wash. For this reason, as well as for his involvement in other probes under the operation, federal prosecutors filed a request with the Supreme Court for his removal from office.

The final decision is now in the senators’ hands. A session on the topic was scheduled for next Tuesday (17).

Translated by Fabrício Ferreira


Fonte: Supreme Court: Lawmakers not to be ousted without Congress approval