Judicial guarantees in the process of Brazilian impeachment: the opinion of the Federal Supreme Court

Brazil, in the last 30 years, has already gone through the impeachment of two presidents (Collor in 1992 and Dilma in 2015). Before and during the impeachment process of President Dilma, the discussion on judicial guarantees and respect for due process were referred to the Federal Supreme Court at ADPF 347, which sought to analyze the procedure established in Law 1079/50 and in MS 34130 who alleged the breach of the ex-President's rights of defense. Thus, the present study seeks to analyze the arguments of the defense of President Dilma and the opinion of the Federal Supreme Court regarding due process of law in the impeachment process, the principle of legality, the typicality of the crime, the impartiality of the judges and the foundation of the decision that judges the president for a crime of responsibility. It also aims to discuss whether the Brazilian impeachment is similar to the vote of distrust in a Parliamentary System.