Impeachment of Dilma Rousseff

The impeachment of Dilma Rousseff, the 36th president of Brazil, began on 2 December 2015 with a petition for her impeachment being accepted by Eduardo Cunha, then president of the Chamber of Deputies, and continued into late 2016. Dilma Rousseff, then more than 12 months into her second four-year term, was charged with criminal administrative misconduct and disregard for the federal budget in violation of article 85, items V and VI, of the Constitution of Brazil and the Fiscal Responsibility Law, Article 36. The petition also accused Rousseff of criminal responsibility for failing to act on the scandal at the Brazilian national petroleum company, Petrobras, on account of allegations uncovered by the Operation Car Wash investigation, and for failing to distance herself from the suspects in that investigation.

Impeachment of Dilma Rousseff
From top, left to right: Rousseff is announced as the Workers' Party candidate for President; Rousseff is elected President in 2010; President of the Chamber, Eduardo Cunha, announces the opening of an impeachment process in December 2015; Rousseff gives a speech during her second inauguration in January 2015; Rousseff, as suspended President, during her trial in the Senate; Monumental Axis in Brasília at the day of the impeachment voting; Rousseff gives a speech after her removal from office.
AccusedDilma Rousseff, President of Brazil
Proponents
Date2 December 2015 – 31 August 2016
(8 months, 4 weeks and 1 day)
OutcomeConvicted by the Federal Senate, removed from office
ChargesCriminal administrative misconduct, disregarding the Brazilian federal budget
Cause
  • Operation Car Wash
  • Responsibility crimes for "fiscal pedaling"
  • Opening of supplementary credits without Congress approval
Congressional votes
Voting in the Chamber of Deputies
AccusationVote to open impeachment process
Votes in favor367
Votes against137
Present7
Not voting2
ResultApproved
Voting in the Federal Senate
AccusationVote to suspend Rousseff from the presidency
Votes in favor55
Votes against22
Present2
Not voting1
ResultRousseff suspended from office; Michel Temer becomes Acting President
AccusationVote to remove Rousseff from office
Votes in favor61 "guilty"
Votes against20 "not guilty"
ResultConvicted; Michel Temer becomes President
AccusationVote to remove political rights
Votes in favor42 "guilty"
Votes against36 "not guilty"
Present3
ResultAcquitted (54 "guilty" votes necessary for a conviction)

Rousseff was president of the Petrobras board of directors during the period covered by the investigation, and approved Petrobras' controversial acquisition of the Pasadena Refining System. However, the Petrobras charges were not included in the impeachment because Prosecutor-General Rodrigo Janot, besides declaring that "there was no doubt that Dilma is not corrupt", successfully argued that a sitting president could not be investigated while in office for crimes committed prior to election.

Rousseff was formally impeached on 17 April 2016. On 12 May, the Senate voted to suspend Rousseff's powers for the duration of the trial, and Vice President Michel Temer became acting president. On 31 August 2016, the Senate removed President Rousseff from office by a 61–20 vote, finding her guilty of breaking Brazil's budget laws; however, she did not receive enough votes from the Senate to be disqualified from her political rights. Accordingly, Temer was sworn in as the 37th president of Brazil. Temer was accused by an Odebrecht executive of soliciting campaign donations in 2014 for his party. He faced trial along with Rousseff in the Superior Electoral Court (TSE) in a complaint filed by Aécio Neves, the candidate narrowly defeated by Rousseff in the 2014 presidential runoff, over irregularities in their campaign fundsRousseff had shared the PT-PMDB coalition ticket with Temer.

On 9 June 2017, the court rejected, by a 4–3 vote, the allegations of campaign finance violations by the Rousseff-Temer ticket during the 2014 electoral campaign. As a result of that judgement, President Temer remained in office and both Rousseff and Temer have retained their political rights.

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