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Brazil lmpeachment: The Process for Removing the President

ByTHE NEW YORKTIMES UPDATED May 12, 2016

Dilma Rousseff, the beleaguered president of Brazil, has been confronting an effort to remove her from office, accused of violating fiscal laws by using funds from state banks to cover budget shortfalls.

Her opponents claim this strategy eroded confidence among investors, raising the government's borrowing costs and disregarding measures designed to prevent a return of high inflation.

The president's supporters contend that Ms. Rousseff was seeking to maintain popular antipoverty projects, and that impeachment over the issue is politically motivated because Ms. Rousseff's predecessors carried out similar policies.

Here is a guide to the complicated process for impeaching and removing a president from office:

Step1

Congressional Panei Debates Charges

The process prescribed in Brazil's Constitution, adopted in 1988, shares similarities with impeachment proceedings in the United States.

First, the speaker of the lower chamber of Congress, Eduardo Cunha, a political opponent of Ms. Rousseff, had to accept a petition for impeachment.

Mr. Cunha then formed a 65-member congressional committee to investigate the accusations and decide if removal was warranted. The political composition of the committee was largely stacked against the president.

The committee was created in December, but its work was soon stopped by a court arder. Work resumed in March.

Jovair Arantes, the legislator in charge of preparing the committee report on the fate of Ms. Rousseff and an ally of Mr. Cunha, recommended on April 6 that proceedings move forward to remove her from office.

The full committee, in a 38-27 vote on April 11, agreed, clearing the way for a vote on her impeachment in Brazil's Chamber of Deputies.

Step2

Chamber of Deputies Votes

On April 17, the lower chamber voted for impeachment. At least two-thirds ofthe 513 deputies had to vote for impeachment forthe motion to pass. The decisiva 342nd vote was cast about five-anda-half hours afterthe floorvote started.

ln early May, Brazil's top court, the Supreme Federal Tribunal, removed Mr. Cunha from his speaker role on charges of obstructing a corruption investigation.

Step3

The Role ofthe Senate and Vice President

After the lower chamber vote, the process then moved to the Senate, which had to decide, with a sim pie majority vote, whether to accept the charges.

On May 12, the Senate voted 55 to 22 to begin the triai, resulting in Ms. Rousseff's suspension. The vice president then took over, with the authority to appoint ministers and enact policy.

Michel Temer, the vice president who assumed the president's office, is a member of the Brazilian Democratic Movement Party. His party had been a crucial part of Ms. Rousseff's governing coalition, but it recently voted to split with her Workers' Party, which significantly increased the odds of Ms. Rousseff's impeachment.

Mr. Temer, 75, was himself under scrutiny over claims that he was involved in an illegal ethanol purchasing scheme.

Step4

Removal or Reinstatement

The Senate triai will be overseen by the chief justice of the Suprema Federal Tribunal, Ricardo Lewandowski. Two-thirds of the 81 senators must vote in favor of removing the president from office. lf that happens, Mr. Temer would serve as president for the remainder of Ms. Rousseff's term through the end of 2018.

lf no decision is reached within 180 days, the suspension of the president ends.

Asked in a recent interview with The New York Times whether she would accept a vote to impeach her, Ms. Rousseff, 68, said, "We will appeal with every legal method available."

She has that option: "She can appeal at any moment she finds something legally questionable occurring in the process," said Brasílio Sallum Jr., a professor of sociology at the University of São Paulo and an expert in Brazil's political processes.

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