The possibility of dividing the effects of presidential impeachment process conviction

disqualification as a main or accessory punishment?

Abstract

The purpose of this article is to analyze the convictions pronounced by the Federal Senate in Brazilian presidential impeachment proceedings, starting by the punishment imposed in the Federal Constitution of 1988, article 52, sole paragraph, which provides the loss of the post with disqualification from the public function for eight years. Considering the divergence in the application of the same punishment to two distinct decisions, Fernando Collor de Mello case and Dilma Rousseff case, the possibility of punishment fractionation in the conviction was questioned. The analysis occurred in an exploratory way, using deductive method, using bibliographic reference technique, as well as the study of the two cases judged under the current constitutional order, to reach the conclusion that the punishment division was not properly applied.