Como Funciona o Impeachment: Constitutional Steps, Votes & Trial
Step-by-step constitutional guide to Presidential Impeachment in Brazil: Law 1.079/1950, Chamber 2/3 majority (342 votes), and Senate trial procedures.
How does the presidential impeachment process work in Brazil and what votes are required?
Crimes of Responsibility and Chamber of Deputies Admissibility
Impeachment in Brazil is strictly demarcated from parliamentary votes of no confidence. It requires proving the commission of a Crime de Responsabilidade under Article 85 of the Federal Constitution and Law nº 1.079/1950. Grounds include acts attempting against the existence of the Union, the free exercise of constitutional powers, the enjoyment of political and individual rights, internal security, budgetary law compliance, or the enforcement of judicial orders.
Any Brazilian citizen possessing political rights can submit an impeachment petition to the Chamber of Deputies. The President of the Chamber exercises exclusive, non-appealable discretionary power to either accept the petition or order it shelved (arquivamento). If accepted, a Special Commission (Comissão Especial) representing all party factions is formed to hear the President's defense and draft an opinion (parecer).
The 342-Vote Chamber Threshold and the Senate Judicial Trial
The pivotal threshold in the Chamber occurs on the plenary floor, where an open roll-call vote requires a qualified supermajority of two-thirds of the total membership (342 out of 513 deputies) to authorize the Senate to proceed. If fewer than 342 deputies vote in favor, the process is immediately and irrevocably archived.
If authorized, the petition advances to the Federal Senate. Under the landmark STF ruling in ADPF 378, the Senate must vote by simple majority to formally accept the authorization and commence the trial. Upon formal opening, the President of the Republic is suspended from office for up to 180 days, with the Vice President assuming executive powers.
The trial is held in the Senate plenary presided over by the President of the Supremo Tribunal Federal. Final conviction requires a two-thirds majority (54 of 81 senators), immediately resulting in permanent removal from the presidency and, by constitutional mandate, an eight-year disqualification from holding any public office.
Sequential Procedural Roadmap of Presidential Impeachment in Brazil
| Phase | Responsible Body | Quorum Required | Key Legal Consequence |
|---|---|---|---|
| 1. Petição Popular | Qualquer Cidadão / Mesa | Unilateral Submission | Protocoling with the Chamber Desk |
| 2. Juízo de Admissibilidade | Presidente da Câmara | Discretionary Monocratic | Acceptance or indefinite shelving |
| 3. Comissão Especial | 66 Deputados Federais | Simple Majority (Parecer) | Instruction of initial defense |
| 4. Votação no Plenário da Câmara | Plenário dos 513 Deputados | 2/3 Qualified (342 Votos) | Constitutional Authorization to Senate |
| 5. Admissibilidade no Senado | Plenário dos 81 Senadores | Simple Majority (41 Votos) | Presidential Suspension for 180 Days |
| 6. Julgamento Final | Senado (Presidido pelo STF) | 2/3 Qualified (54 Votos) | Loss of Mandate + 8-Year Political Ban |
The 4 Main Constitutional Checkpoints of the Impeachment Process
Presentation of Responsibility Allegations
Documenting factual evidence demonstrating that the President committed a statutory crime of responsibility under Article 85 of CF/88.
Chamber Floor Roll-Call Voting
Securing at least 342 affirmative votes from federal deputies in a public nominal voting session broadcast nationwide.
Senate Trial Initiation & 180-Day Suspension
Simple majority approval by the Senate to open the trial, requiring the President to step aside while the Vice President governs.
Final Judgment Presided by the STF Chief Justice
A formal trial session where senators act as constitutional jurors, requiring 54 votes to permanently strip presidential authority.
Fundamentação Legal e Fontes Oficiais
📺 Tutoriais e Análises em Vídeo Verificados
4 Vídeos SelecionadosAnálises de Especialistas e Práticos de Mercado
"Impeachment is not a political recall election; it is an exceptional constitutional mechanism requiring demonstrable commission of a crime of responsibility. Adherence to due process protects democracy and prevents institutional instability."
"The high voting quorum—342 deputies and 54 senators—was intentionally designed by the 1988 Constituent Assembly so that an elected president cannot be removed without overwhelming multi-party consensus."
Perguntas Frequentes (FAQ)
What happens if the 180-day suspension period expires without a Senate verdict?▼
Under Article 86, § 2 of the Federal Constitution, if the Senate trial is not concluded within 180 days, the President's temporary suspension ceases immediately, and they resume full executive powers while the trial continues to its conclusion.
Who assumes the presidency if both the President and Vice President are impeached?▼
Under Article 80 of the Constitution, the line of presidential succession is: President of the Chamber of Deputies, President of the Federal Senate, and Chief Justice of the Supreme Court (STF). If both offices become vacant in the first 2 years of the term, direct general elections are called within 90 days; if in the last 2 years, the National Congress conducts indirect elections within 30 days.
Can the Supremo Tribunal Federal overturn an impeachment conviction?▼
The STF exercises judicial review over the legality and due process of the procedure (voting rights, defense deadlines, hearing procedures), but it historically avoids reviewing the political merit of the Senate's final verdict.
