Friday, February 3, 2023

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Dilma’s impeachment was not a coup; understand the ‘pedaladas’ and the process of dismissal of the petista

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Congress referendumd the rite in stages, with the approval of the STF, under the supervision of Lewandowski, appointed to the Court by Lula himself

BRASÍLIA – The new government of Luiz Inácio Lula da Silva appears intent on rewriting history to further the narrative that Dilma Rousseff’s impeachment was a “coup” while ignoring the legal process that took place in 2016. continued all the rules set forth in the Constitution. The basis of the process was i “tax pedals”a practice revealed by Stage.

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On her first international trip, Lula reiterated that Dilma was “haunted” by a “coup”. The PT may also consider the former president’s firing “unfair,” but the entire process was approved by Congress and was overseen by the Federal Supreme Court (STF). Ricardo Lewandowski, appointed minister of the court by Lula himself, commanded the session of the Senate in which the president was impeached with 61 votes in favor and 20 against. Previously, in the Chamber of Deputies, the score for the president’s departure was 367 votes in favour, 137 against and 7 abstentions.

As required by the Constitution, the vice president elected together with Dilma, Michel Temer, who Lula has repeatedly defined as a putschist, took over. This Wednesday, 25, Temer countered that the president does not leave the podium and is now trying to rewrite history “through ideological narratives”.

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Dilma was accused of violating the Fiscal Responsibility Act (LRF) by issuing supplemental credit orders without Congressional authorization and by intentionally delaying the transfer of money to banks in order to artificially improve accounts, a maneuver known as fiscal “pedaladas”.

What were the pedals

The “fiscal pedal” was the name given to the National Treasury’s practice of deliberately delaying the transfer of money to banks (public and private) and autarkies, such as the INSS. The goal of the Treasury and the Department of Finance was to artificially improve the federal accounts. By failing to transfer the money, the government presented lower monthly expenditure than it should have been in practice and thus misled the financial market and fiscal specialists.

The “pedaladas” have been revealed since Stage in the first half of 2014, but it had already started happening since 2013. In 2015, in Dilma’s second term, with Joaquim Levy as finance minister, the new economic team admitted that the “pedals” existed and engaged in corrections.

Current Finance Minister Fernando Haddad also disagrees with the use of the term “coup” to refer to Dilma’s impeachment trial. “Coup is a rather harsh word, reminiscent of the military dictatorship. Stage.

Here is a timeline with 80 complaints ranging from the revelation of the maneuver to the impeachment of the PT candidate.

Ride history

How they were investigated

After the revelation of the “tax pedal”, the Public Prosecutor’s Office (MP) together with the Federal Court of Auditors (TCU) requested the opening of an investigation into the Dilma Rousseff government’s economic team. The TCU joined and, between October and December 2014, the technical auditors of the TCU collected documents, contracts and payment orders from the National Treasury, the Central Bank, the Caixa Econômica Federal, the Banco do Brasil, the National Institute of Social (INSS), by the National Bank for Economic and Social Development (BNDES) and ministries of finance, labour, social development and cities. Interviews were conducted with civil servants from all of these areas.

Finally, the report produced by the TCU’s auditors confirmed the fiscal pedalling. The Treasury, in fact, had delayed the transfer of money to banks and municipalities. In possession of the technical report, the prosecutor of the deputy, Júlio Marcelo de Oliveira, produced his opinion concluding that the pedal stroke, now proven, constituted a crime of fiscal liability.

The Fiscal Responsibility Act (LRF) prohibits a public financial institution (such as Caixa) from funding its controller (the National Treasury). Of all the arrears of money from the treasury, that of Caixa was the largest and, according to the prosecutor, the one that characterized the tax crime. As Caixa continued to pay government obligations, such as the Bolsa Família program and Seguro Desemprego benefits, it had to use its own resources to meet these payments. In doing so, Caixa “financed” the Treasury.

With the technical report and the opinion of the prosecutor, the case of “tax pedaling” went to trial at the Court of Auditors. The session, held in April this year, ended with the unanimous decision of the ministers of the TCU to condemn the government. It was also decided that 17 government authorities explain themselves and present justifications for cycling.

Claim for damages denied

In March 2022, after the full trial, the Federal Regional Court (TRF) of the 2nd region, based in Rio de Janeiro, settled a popular action against the former president. The lawsuit asked her to compensate the Syndicate for the damages caused by the ride. The decision does not exempt the former president from the practice, nor does it outlaw the entire process – which has had the support of the STF – as interpreted by PT members.

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Source: Terra

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