With the strong political crisis installed in Brazil since the Dilma Rousseff's impeachment and the appointment of Michel Temer as president, an issue is being discussed a lot: the possibility of being carried out indirect elections in Brazil,something that hasn't happened here since 1985. Let's understand what this represents.
What are indirect elections?
In indirect elections, political candidates are elected through an electoral board. In the case of Brazil, an indirect election is one in which the candidate who received the most votes among deputies and senators is chosen.
Has Brazil already had presidents elected from indirect elections?
Yes. According to the Superior Electoral Court, throughout its republican history, eight presidents were elected thus. They were: Deodoro da Fonseca (1889-1891), Getulio Vargas (1934-1937), Humberto de Alencar Castello Branco (1964-1967), Arthur da Costa e Silva (1967-1969), Emílio Garrastazu Médici (1969-1974), Ernesto Geisel (1974-1979), João Baptista de Oliveira Figueiredo
(1979-1985) and Tancredo de Almeida Neves (died before taking office in 1985).O first president elected from indirect elections it was the Marshal Deodoro da Fonseca, elected by the Constituent Assembly after the Proclamation of the Republic on November 15, 1889. As vice president, Marshal Floriano Peixoto was elected (he became president in 1891 after the resignation of Deodoro da Fonseca).
After 1930 revolution, Getulio Vargas he ascended to power and, during the process of constitutionalization of his government, he became president in indirect elections held in the National Constituent Assembly, on 15 July 1934. In theory, Vargas was being elected for a four-year term, that is, until 1938. However, the coup of the new state interrupted the democratic succession in the country.
THEMilitary dictatorshipwas the period in which most presidents were elected from indirect elections. After the coup that ousted President João Goulart, the military, from the Institutional Act No. 1, of April 9, 1964, imposed the model of indirect election in the National Congress, which elected the president Humberto Castello Branco.
O Institutional Act No. 2, of October 17, 1965, again determined that presidential elections would be held through indirect voting. On that occasion, the candidate with the absolute majority of the votes of the National Congress would be elected president. This standard determined the election of Arthur da Costa e Silva for president in 1966.
In August 1969, President Costa e Silva suffered a stroke. THE military junta, to prevent the vice-president, Pedro Aleixo, from taking office, violated the rule stipulated in AI-2 from Institutional Act No. 12, of August 31, 1969. Thus, as Pedro Aleixo was impeded, the office of president was considered vacant and new indirect elections were called in the National Congress, which elected Emílio Garrastazu Médici.
After the Medici government, the next two governments were elected from açolegiate andreadership. In the case of Brazil, the electoral college was stipulated in the 1967 Constitution and was formed by members of the Legislative at the Federal and State levels. This model was first used in the presidential elections that elected President Ernesto Geisel in 1974. Other presidents elected from the electoral college were João Figueiredo and Tancredo Neves.
The indirect elections of Tancredo Neves they happened against the popular will, which since 1984 had articulated gigantic demonstrations demanding the end of the Dictatorship and the return of direct presidential elections based on the slogan: “Direct now”. Tancredo Neves fell ill, and the presidential inauguration was transmitted to the vice, José Sarney.
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From that moment on, Brazil's democratic process in the New Republic took place through direct elections, which elected the presidents: Fernando Collor, Fernando Henrique Cardoso, squid and Dilma Rousseff.
Why the debate about new indirect elections in Brazil?
New indirect elections in Brazil are discussed due to the great uncertainty about the end of the then president's term Michel Temer. This is because Dilma-Temer's electoral ticket is under trial on charges of irregularities committed during the 2014 electoral process. The judgment takes place to define whether the slate of Dilma and Temer will be revoked or not.
In addition, compromising new evidence against Michel Temer has shaken his government, which is under pressure over the possibility of a new impeachment process.
What are the charges against Michel Temer?
On May 17, 2017, it was released by journalist Lauro Jardim, from Newspaper O Globo, that President Michel Temer was recorded encouraging the payment of an “allowance” so that the removed deputy Eduardo Cunha would remain silent in prison and not file complaints. The recording was performed by Joesley Baptist, owner of JBS on March 7 this year. The revelation of the recording took place in a complaint made by Joesley to the Attorney General's Office.
Immediately after the accusations were disclosed, a request for impeachment was filed by deputy Alessandro Molon (Rede-RJ). In addition, there are calls for the resignation of the already unpopular Temer government.
What does the Brazilian Constitution provide if Temer resigns or is impeached?
The Brazilian Constitution provides for the following:
"Art. 81. Should the positions of President and Vice-President of the Republic become vacant, an election shall take place ninety days after the last vacancy is opened.
§ 1 – In the event of a vacancy in the last two years of the presidential period, the election for both positions will be held thirty days after the last vacancy, by the National Congress, in accordance with the law.
§ 2 – In either case, the elected must complete the period of their predecessors”.
As you can see, the Brazilian Constitution provides that indirect elections should Temer resign or be deposed from his office. However, jurists claim that it is possible for direct elections to take place as long as Congress approves a Proposed Amendment to the Constitution (PEC) to make the necessary changes in the continuity of this process.
How would indirect elections work?
Indirect elections for a new president would have to be held within 30 days. The winning candidate would be elected upon obtaining the absolute majority of the votes of 513 deputies and 81 senators, totaling 594 votes. The election would be divided into up to three rounds. In the first two rounds, the condition for victory is an absolute majority of votes, that is, 298 votes. If there is no winner in the first two rounds, a third vote can be held to elect the candidate with a simple majority of votes.
Who can apply?
If indirect elections are held, all those who are native Brazilians, of the same age or over 35 years old, who are affiliated with a political party and who have full political rights (whether eligible).
*Image credits: Alf Ribeiro and Shutterstock
By Daniel Neves
Graduated in History
