The president of the Senate, Rodrigo Pacheco (DEM-MG), this Wednesday (25) rejected the impeachment request made by President Jair Bolsonaro against Minister Alexandre de Moraes, of the Federal Supreme Court (STF).
“There is an exhaustive list of hypotheses that admit impeachment of justices of the Supreme Federal Court. The principle of legality is in force in Brazil. The fact must have a legal provision so that just cause can be configured. For a process of this nature to proceed, it is there must be an adaptation of the fact to the federal law, in this case the 1,079”, argued Pacheco. “None of the facts had legal adequacy, so the opinion of the General Counsel of the Senate is in this sense, that the request lacks the so-called just cause”.
According to the congressman, the rejection of Alexandre de Moraes’ impeachment request “is fundamental for democracy and the separation of Powers and the need for this independence of each of the Powers to be guaranteed and for there to be the most harmonious coexistence possible.”
An opinion signed by the General Counsel of the Senate, Octavio Orzari, recommended the rejection of the request for “manifesting absence of typicality and just cause”. The document highlights that the request proposed by Jair Bolsonaro is based on criticism and reveals disagreement with Alexandre de Moraes’ decisions.
“The criticisms of the judicial decision can be considered legitimate, and even desirable, from the point of view of freedom of expression and the exercise of citizenship and democracy. impeachment of the judicial authority”, states the opinion.
The request for impeachment was filed with the Senate on the 20th. The president of the Republic had announced on his social networks that he would present a request for impeachment against Alexandre de Moraes and another member of the STF, minister Luís Roberto Barroso, current president of the Superior Electoral Court (TSE).
“For a long time now, justices Alexandre de Moraes and Luís Roberto Barroso, of the Federal Supreme Court, have gone beyond constitutional limits with acts,” he posted. However, in the request effectively formalized to the Senate, there is only the complaint against Moraes. With information from Agência Brasil.