Suspension of Aécio Neves from the Federal Senate
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The removal of Aécio Neves from the Federal Senate of Brazil stems from a provisional decision granted by Supreme Court (STF) Minister Edson Fachin on Thursday, May 18, 2017, determining the removal of Aécio Neves (PSDB-MG) from his position as senator.[1][2][3][4] The accusation is that he allegedly asked for two million reais from the owners of the JBS meatpacking company.[5] On May 31, 2017, through electronic drawing, Minister Marco Aurélio Mello was chosen as the new rapporteur of the process.[6]
The senator's removal does not allow his substitute Elmiro Alves do Nascimento (PSDB-MG) to assume the position, as according to the Federal Constitution, a substitute can only be called within a period of 48 hours in case of vacancy and if the incumbent assumes a position as a minister of state, governor, secretary, mayor, or head of a diplomatic mission. Another option is the temporary leave of absence of the incumbent due to illness or personal interest, provided it does not exceed 120 days.[7]
Senator Randolfe Rodrigues (Rede-AP) filed a lawsuit in the STF to prevent the Senate from disregarding the injunction that removed Aécio Neves. According to the parliamentarian, the possibility of disregarding the injunction was raised on Friday, May 19, 2017.[8] On May 23, 2017, the President of the Senate, Senator Eunício Oliveira, stated that he would enforce the order to remove Aécio Neves.[9]
On May 23, 2017, the defense of the senator presented an appeal to the STF against the removal decision.[10] On June 30, 2017, Marco Aurélio authorized Aécio's return to the Senate and denied the request from the Office of the Prosecutor General (PGR) for the arrest of the parliamentarian, stating that the senator has an admirable career.[11] On September 26, 2017, the First Panel of the STF decided by a vote of 3 to 2 to remove Aécio from his position again. The defense lawyer, Alberto Toron, said that the decision would be reversed in the STF due to new evidence, especially a new recording delivered by Joesley Batista, which, according to him, proves that Aécio's sister, Andrea Neves, had offered an apartment to the businessman, rather than demanding a bribe.[12] On October 2, 2017, the senator's defense requested that the appeal against the decision of the First Panel of the STF be immediately reassigned to one of the other four justices of the Second Panel.[13] Finally, on October 26, 2017, the Senate overturned the decision of the First Panel of the STF by a vote of 44 against and 26 in favor of maintaining it, and the senator returned to his position once again.[14]