SOVEREIGNTY AND THE MOTION TO IMPEACH BRAZIL’S PRESIDENT

  • Vania Siciliano Aieta Universidade do Estado do Rio de Janeiro
  • Ricardo Lodi Rio de Janeiro State University

Abstract

Abstract: This article aims to demonstrate that public policies involving the economy follow, in their process of formulation, implementation and especially results, different paths than those for the exercise of political power.This involves a question of decisions. The decisions of public officials and even of judges are not aseptic, but instead ideological.Economic crises and political disaffections over these choices cannot serve as justifications for removing that leader, elected by popular vote, especially when the “rules of the political game”, have all been respected.When democracy is threatened by such incidents, motivated by an economic downturn, notably in supposed exceptions that in reality flaunt the constitutional and legal order, we are faced with a serious injury to sovereignty in the internal plane, perhaps even a coup d’état.This article will analyze the question of the motion to impeach Brazil’s president, demonstrating there is no legal support because she has not committed any act of malfeasance in office. And we conclude that in name of seeking more successful economic results, to serve political demands that are most of the time instigated by ideological passions, a society cannot ride roughshod over fundamental rights assured by the Constitution.

DOI: http://dx.doi.org/10.17768/pbl.a4.n5-6.p110

Author Biographies

Vania Siciliano Aieta, Universidade do Estado do Rio de Janeiro

Professor of Public Policies in the Postgraduate Program in Law of Rio de Janeiro State University (UERJ). Doctorate of Constitutional Law from Pontifical Catholic University of São Paulo (PUC-SP). Habilitation candidate in Political Law at Pontifical Catholic University of Rio de Janeiro (PUC-RJ). Lawyer specialized in electoral law.

Ricardo Lodi, Rio de Janeiro State University

Professor of Financial Law at Rio de Janeiro State University (UERJ). Director of the UERJ Law School. Doctorate of Law from UGF. Lawyer specialized in financial and tax law.

Published
2017-05-29
How to Cite
AIETA, Vania Siciliano; LODI, Ricardo. SOVEREIGNTY AND THE MOTION TO IMPEACH BRAZIL’S PRESIDENT. PANORAMA OF BRAZILIAN LAW, [S.l.], v. 4, n. 5-6, p. 110-148, may 2017. ISSN 2318-1516. Available at: <http://panoramaofbrazilianlaw.com/index.php/BrLaw/article/view/132>. Date accessed: 23 oct. 2017.