Case to annul Rousseff and Temer's 2014 presidential win to resume

On Tuesday (June 6) at 7 pm local time, Brazil's Superior Electoral Court (TSE) will resume its hearings on a dispute filed by the Brazilian Social Democracy Party (PSDB) challenging the winning ticket headed by former president Dilma Rousseff with President Michel Temer as running mate in the 2014 presidential election. This is the first time the TSE has examined a case to remove a president.

The TSE's Chief Justice Gilmar Mendes has slated four sessions to hear the case on June 6, 7 and 8. The PSDB, the party of the runner-up, Senator Aécio Neves, maintains Rousseff and Temer's campaign finance has irregularities.

The trial date was scheduled in May, after the Electoral Prosecution Service (MPE) rested its case and Temer's and Rousseff's closing arguments were filed with the court.

In its statement in May, Deputy Electoral Prosecutor Nicolao Dino maintained the opinion submitted in March before the trial was adjourned to allow more time for Temer's and Rousseff's defense to present their arguments. Besides annuling the victory of Rousseff's and Temer's ticket, the prosecutor is seeking to have Rousseff banned from running in an election for eight years.

Whatever the final ruling, motions to clarify can be filed with the TSE, and the case can be appealed in the Supreme Court (STF). “If an appeal is filed with the Supreme Court, the court could issue an injunction against an ouster. The Supreme Court will have the final word”, said Bruno Rangel Avelino, a professor of Electoral Law at the University of Brasília (UnB). “The appeal would apply in case of error, omission, contradiction, or obscurity”, he went on.

Translated by Mayra Borges