Instituto Recall e voto de desconfiança: uma análise a partir do impeachment de Dilma Rousseff

• Autor(a) principal: GIANIZELI, Gabriela Lacerda
• Data de Publicação: 2020
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório da Faculdade de Direito de Vitória
• Texto Completo: http://191.252.194.60:8080/handle/fdv/847
• topic: Impeachment; Recall; Voto de desconfiança; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

It aims to assimilate whether the impeachment process of Dilma Rousseff in 2016, based on the commission of a crime of responsibility, more specifically, of tax pedaling and opening of supplementary credits without legislative authorization, would have similarities with the recall institutes and vote of no confidence. The concepts of impeachment, recall and vote of no confidence were analyzed in order to establish a connection with the specific case. It was discussed about the reasons why Dilma was denounced and later removed, showing that there were legally disagreements about the legitimacy of the process. We sought to understand Dilma's impeachment process in light of the recall, analyzing society's position in the face of the process, based on the observance of news and data that showed the government's reproach in the face of society. Regarding the vote of no confidence, the position of the National Congress was examined based on the impeachment votes (both in the Federal Senate and in the Chamber of Deputies) and from the position of these representatives before Dilma's government. It was concluded that there would be a similarity between Dilma's impeachment process with the recall and the vote of no confidence. Finally, after analyzing the possible legal bases in the Brazilian Legal System, so that there is the possibility of an impeachment process, the reasons for the ex-president Dilma Rousseff's complaint, and the recall and suspicious vote institutes, the conclusion was reached that Dilma's case raised from the practice of committing a crime of responsibility could have been used as a pretext for the removal of the former president, given its similarities to the recall and vote of no confidence and its legal inconsistencies.