So Congress Has Voted to Impeach President Rousseff, but What Happens Now?

04/19/2016 - 12h05

The lower house of Congress voted on Sunday (17) to open impeachment proceedings against President Dilma Rousseff.

In six hours of voting, 367 congressmen voted for the motion, with 137 voting against. There were nine absences and abstentions.

The 342nd vote in favor of impeachment, meaning that the motion reached the two-thirds majority required, was cast by Bruno Araújo (PSDB - Pernambuco). The debates in Congress had started at 8:55am on Friday (15).

When Araújo cast his vote, 127 congressmen had voted against impeachment, with six abstentions and two absences. There were still another 36 congressmen left to vote.

However, despite Sunday's vote, Rousseff will remain in office - for the moment. For impeachment proceedings to go ahead, the vote in Congress has to be ratified by a simple majority in the Senate. The vote should take place at the beginning of May.

Rousseff has seen her popularity plummet since her re-election due to the economic crisis and the ongoing Lava Jato investigations, which have involved several of her political allies.

Below are some frequently asked questions about the impeachment with corresponding answers.

1) What exactly did the lower house of Congress decide on Sunday?
The lower house authorized the opening of impeachment proceedings against Dilma Rousseff.

2) So proceedings will go ahead automatically?
No. The Senate must also assess the request for the opening of impeachment proceedings in a special commission, and then approve it in a plenary session. A simple majority is needed (in other words, 41 of the 81 senators).

3) Can the Senate commission reverse the decision of Congress? And if so, can Congress appeal?
The Senate commission can reject the decision by Congress and recommend that the senators vote against it, but ultimately it comes down to the vote at the plenary session. The Senate's decision is final and there may be no appeal.

4) So if the Senate votes to reject the opening of impeachment proceedings against the President, that's the end of the matter?
Yes. This is the procedure that was adopted for the impeachment of President Fernando Collor in 1992, and the Supreme Court is sticking to it now.

5) When will Rousseff have to leave the presidency?
If the Senate approves the opening of impeachment proceedings against her, Rousseff will have to step down for 180 days from the moment she receives formal notification. If this happens, Vice-President Michel Temer (PMDB) will take over on an interim basis.

6) What will happen if there is no final decision in 180 days?
Rousseff will return to the presidency and the trial will continue. In Collor's case, the Senate took nearly three months to pass judgement.

7) What is the procedure for the trial in the Senate?
If proceedings are opened, the president of the Supreme Court will assume command of the Senate for the sessions designated for judgement on the impeachment. From this point on, he will be able to receive evidence and arguments from both sides. The senators will then vote again on whether the accusations are valid, with a simple majority required. Finally, a third vote will take place, which this time refers explicitly to the President's guilt, with a two-thirds majority being required (at least 54 senators). The question will be something along the lines of "Did President Dilma Rousseff commit the crimes of which she is accused, and should she be removed from office?" The senators will have to respond simply "Yes" or "No".

8) How long will the judgement last?
It is difficult to predict. Collor's took nearly three months.

9) If the President resigns during impeachment proceedings, then do they come to an end?
It would probably be up to the Supreme Court to decide. There is no explicit legal protocol on this point. Collor resigned hours before the final vote and was found guilty anyway.

10) If the President is found guilty, what will her sentence be?
She will be removed from office and she will remain ineligible for eight years.

11) If Rousseff is impeached, then who will assume the presidency?
The Vice-President will take over until the end of the current presidential term, in 2018.

12) If the case for impeachment is rejected at any stage, is it possible to submit another request to Congress?
Nothing prevents the submission of new requests for impeachment.

13) While proceedings are ongoing, can the speaker of the lower house accept a new request for the opening of impeachment proceedings against the President?
There is nothing to stop him accepting another request. However, the current speaker, Eduardo Cunha (PMDB - Rio de Janeiro), has said that "it makes no sense to have two special commissions and two simultaneous sets of impeachment proceedings."

14) Can the Superior Electoral Court (TSE) terminate the mandate of the President and Vice elected in 2014 before the end of impeachment proceedings? And if this occurs, are impeachment proceedings closed?
It is unlikely that the TSE would terminate the Rousseff-Temer mandate before the end of impeachment proceedings. It would probably be up to the Supreme Court to decide whether proceedings would be closed.

Translated by TOM GATEHOUSE

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