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Brazilian Supreme Court Must Discuss Cunha's Ousting, Says Justice Teori Zavascki

04/29/2016 - 10h21



Supreme Court Justice Teori Zavascki said on Thursday, April 28, that he will take to plenary assembly the discussion on the thesis that the president of the Lower House, Eduardo Cunha (PMDB-RJ), must be ousted because he is in the order of succession to become president of Brazil – Cunha was made a defendant in the Brazilian Federal Police's Lava Jato investigations.

The debate will occur in conjunction with the request to remove Cunha from the presidency of the Lower House, which was submitted at the end of 2015 by the Office of the Attorney General.

As established by the Brazilian Constitution, Cunha is the second in the order of succession to the presidency, as he could substitute President Dilma Rousseff and Vice President Michel Temer, if they are both removed from office or absent.

The Brazilian laws, however, say that the country's president cannot take office if he is the target of accusations in the Supreme Court.

As the date when the Senate will analyze the impeachment process against President Rousseff draws closer, jurists have defended that the subject must be discussed in the Supreme Court. "This issue must be examined. I am going to take it to plenary assembly," said Teori Zavascki

Recently Supreme Court Justice Gilmar Mendes also considered plausible the discussion on the grounds that the president of the Lower House has to take leave from his position because he is in the order of succession to become president.

Brazil's Supreme Court made Cunha a defendant as he is accused of corruption and money laundering in his alleged involvement in the petrolão scheme.

Translated by THOMAS MUELLO

Read the article in the original language

Pedro Ladeira/Folhapress
The speaker of the lower house of Congress, Eduardo Cunha (PMDB-RJ)
The speaker of the lower house of Congress, Eduardo Cunha (PMDB-RJ)

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