Meaning of the Crime of Liability (What it is, Concept and Definition)

Liability crime is a unlawful action committed by a political agent. Contrary to what the name implies, the crime of responsibility is not considered a "crime", but a political-administrative infraction.

According to the Federal Constitution of 1988, any type of conduct that contravenes the norms established in the Constitution, in addition to actions committed by political agents that are against: the existence of the Union, the free exercise of State Powers, security country, budget law, the exercise of political, individual and social rights, compliance with laws and judicial decisions, among others.

As punishment, according to Brazilian law, for example, the politician who committed the crime of responsibility loses public office and is unable to return to activities in the public administration. Another sanction that can also be applied is ineligibility for any type of political office.

Depending on the political office, there are specific laws that regulate the crime of responsibility.

Law No. 1,079, of April 10, 1950, defines the crimes of responsibility, as well as the respective judgment, committed by the President of the Republic, the ministers of State and the Federal Supreme Court, governors and secretaries of State.

Decree-Law No. 201/1967, on the other hand, governs the crimes of responsibility committed by mayors and councilors.

If the President of the Republic is accused of a crime of responsibility, this must be judged by the Federal Senate, after the process has been admitted to a vote in the Chamber of Deputies.

In 2016, the President of the Republic Dilma Rousselff was accused of having committed crimes of fiscal responsibility (popularly known as "tax pedaling") during her government. Due to intense pressure from her opponents, the president suffered from the impeachment process and was removed from her position, with Vice President Michel Temer occupying the interim role.

Learn more about the meaning of Impeachment.

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