A lei 1.079/50 e o impeachment no direito brasileiro: análise da sua (in) compatibilidade com o presidencialismo.

Abstract

The present academic research analises the impeachment in Brazilian jurisdiction and the Law No. 1.079 of 1950 (LRC) which specifies the responsibility crime. If on the one hand, the presidencialism presupposes restrictal and serious hypotheses for the disabling process, on the other hand, there is a contradiction, since some predictions contained in the LCR are extremely generic, such as “To proceed in a manner incompatible with the dignity, honor, and the decorum”, or “acting against the federal constitution and the administrative probity”. For a better comprehension, the research investigated the historical context of the law procedure and approval, whose period the debate for the implementation of parliamentarism in Brazil was strengthened and the Legislative was seeking ways to equip themselves with political mechanisms to control the Executive. Therefore, the actual prevision about the responsibility crime is not only antagonistic to the presidentialism, but also to the juridical nature of impeachment that prevails in Brazil. Confronting the relationship between the government system, juridical nature of the impeachment, the LCR’s historicity and the aplicatition of this institute in the country, the present research proposes the need to improve the legislation as a way of making it compatible with the Federal Constitution and the presidentialism system adopted in Brazil.