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PROSECUTORS CALL FOR THE IMPEACHMENT OF BRAZIL’S PRESIDENT

Brazil could impeach two presidents in a 1-year span
By Gustavo Ribeiro on Mar 29, 2017Brazilian President Michel Temer is the textbook definition of an “embattled” head of state. Since taking office, in May 2016, Temer has faced one crisis after the other. Now, the man who rose to power thanks to an impeachment process, faces himself the threat of removal from office.
Federal Electoral Prosecutors have asked for his impeachment in a case about corruption during the 2014 presidential race. The Dilma Rousseff-Michel Temer presidential campaign is accused of being financed with dodgy money. The case goes on trial at Brazil’s Superior Electoral Court next Tuesday. If the majority of the nine justices vote for a conviction, it will annul the 2014 race. As a result, Temer, who was on the ticket, loses his job.

Top executives at Brazil’s largest construction firms detailed how they helped to finance the campaign. The money came from overpriced contracts with public institutions. Part of the revenue then went to the pockets of politicians and their parties’ accounts.
Michel Temer’s defense team has come up with an unorthodox strategy. They claimed that the then Vice-President wasn’t familiar with the campaign funds. Temer’s lawyers said that former President Dilma Rousseff and her running mate had separate financial committees. Therefore, he shouldn’t be held accountable for Rousseff’s wrongdoings.
However, the former CEO of Andrade Gutierrez, a construction company, gave a pretty damaging deposition. He declared that his company donated $300,000 to the Workers’ Party National Committee back in 2014. According to the executive, that money was a kickback. But it turns out that the check in question was to the Workers’ Party, nor to Rousseff’s campaign committee. It was signed to Michel Temer and his party as beneficiaries.

But odds are on the Temer’s side. While the case’s overseer, Justice Herman Benjamin, will call for the President’s removal from office, Temer has an ally in the court’s presiding Justice, Gilmar Mendes. Also, two of the court’s members will retire in the upcoming months. And Temer will be the one to name the replacements.
Friendly Fire
The case began in November 2014, right after the presidential election. Center-right party PSDB called foul play on the election, stating that the Dilma Rousseff campaign committed the crime of “abuse of economic power.” Even after Rousseff’s impeachment (for other reasons), the case went on, as Temer was part of the campaign.

The irony of this case is that PSDB is now Temer’s most important ally. In its closing statements as plaintiff in the electoral case, PSDB tried to let the Brazilian President off the hook. PSDB lawyers stated that “there is no evidence that [Temer] took part in any wrongdoing during the campaign.”
If Temer loses his office, then new, indirect presidential elections will take place within three months. In the meantime, House Speaker Rodrigo Maia will be the country’s interim President.

To avoid that outcome, Temer wants to stall the process as much as he can. His allies believe that, as the 2018 presidential race draws closer, the Electoral Court would want to avoid creating even more turmoil. One thing is certain: impeachment two president in a 1-year span would be highly negative for the country.

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Gilmar tries to be the presidential candidate if Temer is jailed, by Luís Costa Pinto

GGN Newspaper - A few days ago, media columnists have noted that Gilmar Mendes was "bitten by the blue fly" and would be watching a political post. More precisely, that of President of the Republic, in the event of the cassation of Michel Temer.

O Globo's Blog do Moreno was the first to talk about Gilmar's ambitions, but without detailing the plan. The 247 fished the air and interpreted the appearances of the minister of the Federal Supreme Court in the media, attacking the uncontrolled acts of Lava Jato, as an attempt to garner support of the political class.

Makes sense, after all. For if you are a candidate, Gilmar will contest an indirect election. They are only interested in the votes of parliamentarians in a lightning election. That is why he does not waste time and, without "subtlety or ceremony", is already preparing to take a pedal in Carmen Lúcia - Rede Globo's favorite to take over the Plateau, if Temer falls. This is what Luís Costa Pinto observes, in Poder 360, second essay (27).

By Luís Costa Pinto

No Power 360

Without subtlety or ceremonial, Gilmar tries to be the alternative for the presidency

From time to time a few internet retail sites offer contumacious consumers: "Sign up and buy in just one click." Registration keeps the customer loyal and creates shortcuts through which the relationship becomes more direct, more pragmatic and more constant. On the verge of a button press, done! Order what you want, even if you do not need it. But there is the feeling of a resolute, providential, timely approach.

The opportunistic pragmatism of some of the protagonists of the theater of operations in which politics has become in Brazil mimics, in several aspects, the commercial relationship between retail sites and virtual clients.

The museum of great novelties of the Brazilian Democracy begins to offer the possibility to have here a president of toga - with or without vote.

In the wake of the 2013 days, there were people who flirted with Joaquim Barbosa, the hangman of Penal Action 470, but the very particular opinions he expressed after leaving the Federal Supreme Court, out of alignment with the common sense of the national right, purged him of the list Presidential elections.

The general jelly that surfaced in the streets of 2016 and bestowed an amorphous coloring on Dilma Rousseff's deposition prompted bands and movements to appear for Sergio Moro, the Lava Jato ferrabrás, as the presidential solution of this same right-but only in 2018, if the lawsuit is Confirmed by the date established by the Constitution.

There is, behind the scenes of some offices in Brasilia and in the Botanic Garden of Rio de Janeiro, where Globo Network is located, an undisguised crowd so that the rivers of the prized donations sacraments the spillway of expectations in which it will become the Cassation Action of Plate Dilma-Temer, in the TSE. With this, the vice-president in 2014 would lose the position that now occupies. Once the premise was confirmed, there would be a way (in the plot described by enthusiasts of this exit, a "democratic and constitutional way") to remove the presidents of the House and Senate from the bed of these murky waters, leaving them on the fringes of the process , To turn the president of the Federal Supreme Court Carmen Lúcia into the sea to where all the rivers would run. Already more than enthusiasts come out of this exit: it has workers, captains and even declared opponents.

The greatest opponent of Carmen Lúcia, determined to make this solution unfeasible and also himself a brigade general of resistance to his toga colleague, is Gilmar Mendes.

Mendes acts without subtlety and without ceremony in order to constitute his own name as the alternative. He is considered the providential man. The waters of March, which gave the air of grace very modestly in the Capital of the Republic this year, were enough to make Gilmar Mendes emerge his secret will to undress the toga by changing it by imaginary cloak and sword of hero (or antihero) . The supposedly secret identity of the STF minister, TSE president, was submerged in half water and floated on the blade of Lake Paranoa this summer.

There is no day in which Gilmar Mendes fails to invent at least one bid intended to put him in the center of the pawns of the board. The queen was already eaten. The king is surrounded. The bishop of the black stones would be him.

They are intense and reasonably successful movements in order to build around them the consensus of the unique chance. If there is a vacancy in the Federal Regional Court of the 5th Region, Gilmar has a candidate. If there is a vacancy in the TSE, ditto. Went a chair in the Supreme? Gilmar was called to give an opinion between Ives Gandra Filho - a humiliating trainer - and Alexandre de Moraes. Flagged to Moraes. Has Moraes's chair been vacant on the Esplanade? Gilmar opined in the succession of the Minister of Justice. Is there a political reform aimed at giving new contours to the ruinous Brazilian electoral system? What does Gilmar think?

Congressmen and many lawyers speculate among themselves. Now even business owners and executives are asking themselves this question and creating the "Gilmar" factor of consideration. José Serra was 75 and deserved a party? No one gave? For Gilmar Mendes promoted her - without caring, and without being charged for it, if in a few months she will have to wear the toga to judge Serra.

 The senator from São Paulo will be at least denounced in Lava Jato, after all his campaign for the presidency in 2010 received $ 23 million dollars abroad in illegalities confessed by who gave the money - to Odebrecht - and by who received it - the former banker Ronaldo César Coelho. The embarrassment of caring for a probable defendant of the Lava Jato, promoted by a minister of the Federal Supreme Court, in a convescote considered "normal and regular" by whoever covers power in Brasilia, gives the measure of the wide avenue through which the troops of Mendes .

The launching platform of the Gilmar Movement President, however, has not yet jumped from the virtual underworld almost behind the scenes of Brasilia to real life. Without the need for popular votes, he will need only the majority in a Congress of 594 voters if the given commands are followed precisely when he is able to do so will also be the eve of the fatal decision.

There remain 3 sophisticated movements on the screen where you play this virtual chess in which the bishop wants to position himself in the place of the dying king.

The 1st, the cassation of the Dilma-Temer plate whose accounting of votes is in the hands of the president of TSE. Then the removal of the scene of the presidents of the House and the Senate if they become defendants in actions in the STF - the judgment is decided in favor of the thesis of the removal of defendants of the line of succession, but the result was not only proclaimed because one of the ministers asked View and sat upon the deadlines:

 Gilmar Mendes. Finally, the model of indirect election for a vacancy of the presidential seat less than two years after the end of the mandate of the plaque elected in 2014, will be indirectly elected in the National Congress of the new president to complete the Period for which the disabled were elected. It will be necessary to have at hand a biography of a palatable profile to the institutions, with transit in diverse currents of opinion and that imposes respect into the public machine. Who would it be? Or, on the other hand, who proposes to be?

Brazil, a Nation that behaves as if it lives every moment at the end of fair, amid liquidations in which his soul and his self-esteem are sold, is 3 clicks of having a toga in the presidential chair.

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Source writing http://jornalggn.com.br/noticia/gilmar-tenta-ser-o-candidato-a-presidente-se-temer-for-cassado-por-luis-costa-pinto#.WNkwv2FASpw.facebook

Gilmar Mendes

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Gilmar Ferreira Mendes (Diamantino, December 30, 1955) is a lawyer, magistrate, teacher and former Brazilian lawyer.

He has been a minister of the Supreme Federal Court (STF) since June 20, 2002, having presided over the court between 2008 and 2010. [3] [4] [5] He was appointed by the then President of the Republic, Fernando Henrique Cardoso, in whose government he had been the Attorney General of the Union since January 2000.

He is the current president of the Superior Electoral Court (TSE). [6]

It was considered by Revista Época one of the 100 most influential Brazilians of the year 2009. [7]

Gilmar Mendes

Gilmar Mendes em 2015

Minister of the Brazilian Federal Supreme Court Mandate: June 20, 2002 Until nowadays Appointment by: Fernando Henrique Cardoso Predecessor: José Néri da Silveira 53rd President of the Federal Supreme Court of Brazil Mandate: April 23, 2008 [1] Until April 23, 2010 Predecessor: Ellen Gracie Northfleet Successor: Cezar Peluso President of the Superior Electoral Court of Brazil Mandate: May 12, 2016 Until nowadays Predecessor: Toffoli days Substitute Minister of the Superior Electoral Court of Brazil Mandate: August 18, 2010 Until August 18, 2012 (1st biennium) Advocate General of the Union of Brazil Mandate: January 31, 2000 Until June 20, 2002 Appointment by: Fernando Henrique Cardoso Predecessor: Geraldo Magela da Cruz Quintão Successor: José Bonifácio Borges de Andrada Birth: December 30, 1955 (61 years) Diamantino, Mato Grosso, Brazil Alma mater: University of Brasília, University of Münster Religion: Roman Catholicism [2]

EDUCATIONAL AND EDUCATIONAL CAREER [EDIT | EDIT SOURCE CODE]

GRADUATED FROM THE FACULTY OF LAW OF THE UNIVERSITY OF BRASILIA IN 1978, HE ALSO CONCLUDED HIS MASTER'S DEGREE IN LAW AND STATE IN 1987 WITH THE DISSERTATION ENTITLED "CONTROL OF CONSTITUTIONALITY: LEGAL AND POLITICAL ASPECTS", DEVELOPED UNDER THE GUIDANCE OF THE MINISTER OF THE SUPREME COURT FEDERAL JOSÉ CARLOS MOREIRA ALVES.

IN 1989, HE COMPLETED HIS MASTER'S DEGREE AT THE UNIVERSITY OF MÜNSTER, GERMANY UNDER THE GUIDANCE OF PROFESSOR HANS-UWE ERICHSEN. IN 1990 HE OBTAINED HIS DOCTORATE IN THIS SAME UNIVERSITY, STILL UNDER THE GUIDANCE OF PROFESSOR ERICHSEN.

HE TAUGHT AT THE UNIVERSITY OF BRASILIA, IN THE CONSTITUTIONAL LAW COURSE, BOTH IN UNDERGRADUATE AND POSTGRADUATE COURSES. HE IS ALSO A PROFESSOR AND FOUNDER AT THE INSTITUTO BRASILIENSE DE DIREITO PÚBLICO (IDP) AND THE LAW SCHOOL OF BRASÍLIA.

IN 2008, HE RECEIVED THE JABUTI PRIZE FOR HIS BOOK, "COURSE OF CONSTITUTIONAL LAW", CO-WRITTEN WITH THE REGIONAL ATTORNEY OF THE REPUBLIC PAULO GUSTAVO GONET BRANCO AND FORMER ATTORNEY GENERAL OF THE REPUBLIC INNOCENT MÁRTIRES COELHO. IN 2014, THE BOOK COMMENTS TO THE CONSTITUTION OF BRAZIL, COORDINATED BY GILMAR MENDES, JOSÉ JOAQUIM GOMES CANOTILHO, LENIO LUIZ STRECK, INGO WOLFGANG SARLET AND LÉO FERREIRA LEONCY, WON THE JABUTI PRIZE, SECOND PLACE IN THE RIGHT CATEGORY.

INSTITUTE OF PUBLIC LAW [EDIT | EDIT SOURCE-CODE]

GILMAR MENDES FOUNDED IN 1998, TOGETHER WITH PAULO GUSTAVO GONET BRANCO AND INOCÊNCIO MÁRTIRES COELHO, THE INSTITUTO BRASILIENSE DE DIREITO PÚBLICO (IDP), A PRIVATE SCHOOL THAT OFFERS UNDERGRADUATE AND POSTGRADUATE COURSES IN BRASILIA. ACCORDING TO A REPORT FROM CARTACAPITAL, THIS INSTITUTE EARNED ABOUT R $ 1.6 MILLION IN AGREEMENTS WITH THE UNION UNTIL 2008. [10] STILL, ACCORDING TO THE REPORT, OF HIS TEN COLLEAGUES IN THE STF, SIX ARE TEACHERS OF THIS INSTITUTE, AS WELL AS OTHER IMPORTANT FIGURES IN THE EXECUTIVE AND JUDICIAL BRANCHES. AMONG THE MAJOR CLIENTS OF THE INSTITUTE ARE THE UNION, THE STJ AND THE NATIONAL CONGRESS. [10] THE MINISTER CONFIRMS THAT HE IS A PARTNER OF IDP AND GUARANTEES THAT THERE IS NO IMPEDIMENT TO THIS. "THE LAW OF THE MAGISTRACY ALLOWS THIS EXPRESSLY, THERE IS NO DOUBT." [11]

IDP ORGANIZES THE BRAZILIAN CONGRESS OF CONSTITUTIONAL LAW ANNUALLY. OVER THE COURSE OF ITS FOURTEEN YEARS OF PUBLISHING, IT HAS BEEN ATTENDED BY THE GREAT NAMES OF THE NATIONAL JURIDICAL WORLD AS WELL AS FOREIGN SPEAKERS FROM GERMANY, SOUTH AFRICA, FRANCE, THE UNITED STATES AND OTHER COUNTRIES. [12] [13] [14]

TO DISCUSS THE CURRENT TRENDS AND TRENDS IN CONSTITUTIONAL LAW, IDP HAS ALREADY BROUGHT TO BRAZIL MARK TUSHNET (HARVARD), PAOLO RIDOLA (LA SAPIENZA), ANGELO SCHILLACI (LA SAPIENZA), FRANCISCO BALAGUER (GRANADA) AND JORGE MIRANDA (LISBON) . [15]

LEGAL CARE BEFORE STF [EDIT | EDIT SOURCE CODE]

GILMAR MENDES WAS ALSO THE ATTORNEY GENERAL OF THE REPUBLIC (1985-1988), DEPUTY SECRETARY-GENERAL OF THE PRESIDENCY OF THE REPUBLIC (1990-1991), LEGAL ADVISER TO THE GENERAL SECRETARIAT OF THE PRESIDENCY OF THE REPUBLIC (1991-1992), TECHNICAL ADVISOR TO THE RAPPORTEURSHIP FOR REVIEW CONSTITUTIONAL COURT IN THE CHAMBER OF DEPUTIES (1993-1994), TECHNICAL ADVISOR TO THE MINISTRY OF JUSTICE (1995-1996), DEPUTY HEAD OF LEGAL AFFAIRS OF THE CIVIL HOUSE (1996-2000) AND ADVOCATE GENERAL OF THE UNION (2000-2002).

PROJECTS [EDIT | EDIT SOURCE-CODE]

GILMAR MENDES PARTICIPATED IN THE ELABORATION OF SEVERAL PROJECTS THAT HAVE BEEN TRANSFORMED INTO LAWS, ESPECIALLY IN CONSTITUTIONAL LAW.

GILMAR MENDES WAS THE AUTHOR, ALONG WITH PROFESSOR IVES GANDRA DA SILVA MARTINS, OF THE CONSTITUTIONAL AMENDMENT PROJECT (PEC Nº 130/92), [17] PRESENTED BY DEPUTY ROBERTO CAMPOS, WITH THE PURPOSE OF INSTITUTING A DECLARATION OF CONSTITUTIONALITY. THE MENTIONED PROPOSAL WAS INCORPORATED, ALTHOUGH WITH SOME CHANGES, TO THE TEXT OF THE CONSTITUTION, BY CONSTITUTIONAL AMENDMENT Nº 3, OF 17.3.1993. THIS IS ONE OF THE MOST EFFECTIVE INSTRUMENTS FOR RATIONALIZING THE DECISION-MAKING PROCESS [18]

IT ALSO PARTICIPATED IN THE COMMISSION TO PREPARE STUDIES AND DRAFT LAW TO DISCIPLINE THE ALLEGATION OF BREACH OF FUNDAMENTAL PRECEPT (ADPF), UNDER THE CHAIRMANSHIP OF PROF. CELSO RIBEIRO BASTOS [19]. THE BASIC TEXT, INCORPORATED IN THE SUBSTITUTE OF THE RAPPORTEUR IN THE CONSTITUTION AND JUSTICE COMMISSION, DEPUTY PRISCO VIANA, WAS CONVERTED INTO LAW 9,882 / 99.

GILMAR MENDES WAS A MEMBER OF THE COMMISSION ESTABLISHED BY ADMINISTRATIVE RULE NO. 634, DATED 10.22.96, TO DELIBERATE ON CONSTITUTIONAL MATTERS, UNDER THE COORDINATION OF PROFESSOR CAIO TACITUS [20]. IN THIS COMMITTEE, HE WAS THE RAPPORTEUR OF THE DRAFT LAW ON THE PROCESS AND JUDGMENT OF THE DIRECT ACTION OF UNCONSTITUTIONALITY AND OF THE DECLARATORY ACTION OF CONSTITUTIONALITY, WHICH BECAME THE EXECUTIVE BILL NO. 2,960 / 97, CURRENT LAW 9,868 / 99 [21] . IT IS ALSO THE COMMISSION THAT PROPOSED THE NEW LAW OF THE MANDATE OF SECURITY (LAW 12.016 / 09).

HE WAS ONE OF THE AUTHORS, ALONG WITH PROFESSORS IVES GANDRA DA SILVA MARTINS FILHO AND SÁLVIO DE FIGUEIREDO TEIXEIRA, OF THE TEXT OF DRAFT LAW NO. 4,070 / 98 OF THE EXECUTIVE BRANCH, WHICH RESULTED IN LAW 9756/98, WHICH