Understand the Four Different Ways Michel Temer Could Leave Office

05/18/2017 - 15h00

Resignation

If Michel Temer were to abdicate the office, Rodrigo Maia, the President of the Lower House of Congress, would have 30 days to call an indirect election. TThe norm that governs how indirect elections should be held dates from 1964.

Under this regulation, the new president would be elected by a secret vote of the absolute majority of congressmen and senators. It isn't clear whether this norm would be valid today. A proposal to update the law, in 2013, didn't end up getting voted on by Congress. It isn't known who would be able to be a candidate. The definition is up to Congress.
For direct elections to take place, Congress would have to approve a constitutional amendment - one such proposal will be voted on next week in the Constitutional & Judicial Commission of the lower house.

Legal Action Against the Presidential Ticket by the Federal Superior Electoral Tribunal (TSE)

The tribunal set a date for return to trial in the case of invalidating the Dilma-Temer ticket for the 6th of June and defined four sessions to analyze the proceedings. If there were an invalidation, either side could appeal with a "motion for clarification" to the TSE itself or to the Federal Supreme Court.

If the ticket weren't invalidated, the Federal Prosecutor General could still appeal.

Impeachment

Two congressmen, Alessandro Molon (Rede-RJ Party) and JHC (PSB-AL Party) filed impeachment petitions against President Michel Temer for behavior incompatible with his public office. If accepted, the proceedings would be similar to what took place with ex-president Dilma Rousseff.

If the Lower House of Congress were to decide to open a trial, Temer would be temporarily removed from office for 180 days and the President of the Congress, Rodrigo Maia, would assume the post as interim President.

The proceedings would only be finalized after a vote in the Senate. Afterwards, there would be a call for indirect elections if the current norm hadn't been altered.

Criminal Proceeding

If the Federal Prosecutor General of the Republic determines that a crime has been committed during the current term, he can lodge an accusation against the President. But it would only arrive before the Federal Supreme Court (STF) with the authorization of two thirds of the Lower House of Congress (impeachable offenses, as in Dilma's case, also must pass through the Senate).
Even so, the Supreme Court would have to accept the accusation in order for Temer to become a defendant.

Translated by LLOYD HARDER

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