THE VICE PRESIDENT CAN NOT APPOINT A NEW MINISTRY IN CASE OF THE PRESIDENT’S WITHDRAWEL FROM THE GOVERNMENT, WHILE DEFENDING IMPEACHMENT TRIAL IN THE FEDERAL SENATE

Should the Senate accept the request of opening an impeachment process of President Dilma Roussef, it will be necessary to clarify to the public that:

1) Dilma Roussef will continue as the President of the Federative Republic of Brazil. What will be initiated, is whether the Senate accepts the request for her suspension from office, under the chairmanship of the President of the Supreme Court (Article 52, I - and its sole paragraph of the Constitution). The suspension should occur in respect to due process, to the contradictory, a full defence and the presumption of innocence (Article 5 LIV and LV and LVII of the Constitution).

2) Once the continuation of the impeachment process has been accepted, the trial begins, during which the President of the Republic will be suspended from her duties (Article 86, paragraph 1, II, of the Constitution). In other words, the Constitution does not say, that her government will be dismissed. The elected government remains with its ministers appointed by the President, until the judgment of the impeachment process has been concluded. The President of the Republic continues to occupy the Palace of Planalto and Alvorada, from where she should only leave, if the Senate were to condemn her. It is understood, that the President will resume her duties, if the Senate does not judge her within 180 days (art. 86, paragraph 2, of the Constitution).

3) The functions and duties of the President are provided in Article 84 of the Federal Constitution which include: Appointing and dismissing ministers of state; initiation of the legislative process; sanctioning laws; issuing decrees,

appointing Court ministers etc.

Provided these clarifications, it is important to note that the Republic Vice President only replaces the president in case of absence, or, as appointed, in vacancy of the presidential office. In addition, the Vice President shall assist the President when called upon, for this special mission. This is in article 79 of the Federal Constitution. A suspension from presidential assignments does not imply incapacity or vacancy by succession.

There are three different scenarios.

The presidential impediment (incapacity) can only occur if there is a conviction by 2/3 of the Senators of the Republic, after completion of all due process; only by then will the possibility of releasing the president from office occur, and the disqualification from the exercise of public function during 8 years. (Article 52, sole paragraph).

The replacement of the President of the Republic only occurs in the case of a final impeachment conviction (after exhausting all stages of prevention) and in case of vacancy by death or resignation.

It is noteworthy that an impediment is not the same thing as a suspension of functions, which does not have the power to remove the President of the Republic.

The vice president only succeeds the President, and can only then form a new government, in case of final impeachment conviction (impediment), or when there is a vacancy by death or resignation.

Besides that, there is no possibility within the constitution, of empowering the vice president to constitute a new government and appointing new ministers, as Brazil, according to the constitution, still has a President elected by the majority of the Brazilian people, who will only be suspended from presidential duties while defending impeachment accusations in the Senate.

So what the traditional media is broadcasting is yet another attempt to deploy the institutional coup in Brazil, with the establishment of an illegitimate parallel government.

Thus, through factoids, it has been announced that the vice president shall appoint ministry and would have a government plan, to be announced on April 28th, 2016, which does not seek to hide measures of reducing labour and social security rights, as well as cutting social programs such as Bolsa Familia.

Thus, it is clear that the vice president has no legal constitutional rights to claim a new government or appoint or remove ministers of state and should therefore be limited to wait in silence in his official residence and with all possible decorum, until the final outcome of the impeachment trial has been announced.