the federal deputy Jean Wyllys presented an amicus curiae ("friend of the Court") statement in the action filed by Dilma Rousseff No. Federal Supreme Court, in which he requests the annulment of the impeachment, approved by the Senate on August 31.
Prepared by the lawyer Paulo Iotti, the piece claims the non-existence of a crime of responsibility.
"I did not take into account the political arguments of the right-wing opposition about the 'work as a whole' —even though I am also critical of the Dilma government's work as a whole—, because these arguments do not fit in an impeachment process. I also did not take into account the impeachment defenses dedicated to the uncle, the parrot, the niece or the torturer Brilhante Ustra, who also do not fit into this process”, says the parliamentarian “What led me to speak out before the STF is the absence of a crime of responsibility” .
In the text of the amicus curiae, Wyllys states that the so-called "tax breaks" do not constitute a "credit operation", but merely a delay in payment. The deputy also argues that the approval by the National Congress of PLN 5/2015 generated the validation of the extraordinary credits in question by the budget law (the aforementioned bill aimed to adapt the budget law to the extraordinary credit decrees subject to this accusation). In other words, even if there was a violation of the budget law, this should only be determined at the end of the year (principle of annuality).
The PSOL parliamentarian also highlights that respect for the procedural rite is not enough to guarantee the legitimacy of impeachment. “Disguising an attempt to remove a President through a request to investigate a fact that does not correspond to a crime of responsibility is a contemporary form of coup d’état”, says the deputy in the piece. Check out the full document:
