A Ilegalidade da recepção do processo de impeachment de Dilma Rousseff na Câmara dos Deputados Federais: uma violação dos Tratados Internacionais de Direitos Humanos à Constituição Federal

Abstract

The paper deals with an analysis of the admissibility of the impeachment process of President Dilma Rousseff, made by the House of Representatives. In order to clarify the illegality of the process, we sought to explain the historical origin of the institute of impeachment. Impeachment is the impediment of the head of the executive by the legislature, but for this to occur it is necessary that the removal be from a specific motive and established, in the Brazilian case, provided for in the Federal Constitution, through a crime of responsibility, according to Provided for in article 85 of the CF / 88 and regulated by Law No. 1,079 / 1950. It was observed the different forms of destitution of presidents in the parliamentary and presidentialist systems, the latter shows more to the mixed nature, politico-criminal, shows a greater rigidity in the sense of being necessary not only the political dissatisfaction, but also the proof of A crime committed by the president. The admissibility of the case violates the Pact of San José de Costa Rica, the Protocol of Ushuaia (Mercosur Treaty) and the Federal Constitution / 88. For the preparation of this work, the compilation of bibliographical research was carried out, since it is a very recent topic, it was difficult to find bibliographies that deal specifically with the subject and, later, a critical analysis of Dilma Rousseff's impeachment. It seeks to demonstrate the democratic rupture that was caused and the real reasons that led to the impeachment of the president, showing the role of the media and its opponents, who acted as judges, decisive for the removal of the president.