The Fundamental Rights and Guarantees in the Impeachment Process

an analysis based on the 1988 Constitution

Authors

  • Andrey Philippe de Sá Baeta Neves PUC-MG
  • Johnathan Rodrigues de Brito FUNORTE-MG

DOI:

https://doi.org/10.14393/RFADIR-v46n2a2018-45278

Keywords:

Impeachment, Crime of responsability, Due process legal

Abstract

Law 1079 of 1950, which regulates impeachment, was partially approved by the 1988 Constitution. Given that impeachment is a very peculiar process and the Impeachment Law was drafted under the Constitution of 1946, there are discussions about its legal nature and the principles and norms that should influence its implementation. This way, the present work has the objective of analyzing the compatibility of Law 1079/50 with the procedural principles established by the 1988 Constitution. For that, the deductive method was used in this research, being analyzed the general aspects of impeachment and later its peculiarities in front of the constitutional, penal and procedural principles. Even if there are different positions regarding the nature of impeachment, its process must be based on constitutional principles, always with the objective of preserving the fundamental rights of the accused by the practice of crime of responsibility. The verification of observance of these principles in practice, due to the political inertia of the impeachment and the conception of its law being prior to the prevailing constitutional order, is not uncommon.

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Author Biographies

Andrey Philippe de Sá Baeta Neves, PUC-MG

Bacharel em Direito. Mestre e doutorando em Direito Internacional pela PUC-MG. Bolsista Capes.

Johnathan Rodrigues de Brito, FUNORTE-MG

Bacharel em Direito pela FUNORTE-MG.

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Published

2018-10-02

How to Cite

Neves, A. P. de S. B., & Brito, J. R. de. (2018). The Fundamental Rights and Guarantees in the Impeachment Process: an analysis based on the 1988 Constitution. Journal of the Faculty of Law of the Federal University of Uberlândia, 46(2). https://doi.org/10.14393/RFADIR-v46n2a2018-45278

Issue

Vol. 46 No. 2 (2018): Revista da Faculdade de Direito da Universidade Federal de Uberlândia

Section

Articles

License 

 
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