Impeachment of the President of the Republic: reflection in light of abusive constitutionalism regarding the admissibility judgment exercised by the Chamber of Deputies as an instrument of the erosion of democracy
impeachment; abusive constitutionalism; erosion of democracy; agenda-setting power; Chamber of Deputies
The present study seeks to understand the powers of the President of the Chamber of Deputies in impeachment proceedings. Initially, it studies the history of the accountability of the ruler in Brazil, from the Constitution of 1824 to the Constitution of 1988. To this end, it analyzes the main legal, regulatory and jurisprudential provisions regarding the institute, in light of the current legal system. Furthermore, it studies the effects of the omission of the President of the Chamber of Deputies in the preliminary assessment of the impeachment request as an instrument that catalyzes democratic erosion. It also studies the doctrinal concept of agenda-setting power, with an emphasis on identifying its characteristics specifically regarding the powers of the President of the Chamber of Deputies. Next, it studies the innovations proposed in the bill that aims to reform the Impeachment Law, especially in the provisions related to the crime of responsibility of the President of the Republic and in the admissibility judgment to be exercised by the Chamber of Deputies. Finally, it is concluded that it is (im)possible for the President to stop examining, for an indefinite period of time, the complaint of a crime of responsibility committed by the President of the Republic.