[Título em português: Fontes de Common Law e o Modelo Originalista Brasileiro de Impeachment: Responsabilidade Política ou Jurídica?]. In: Global Problems and Prospects in Public Law: IX Annual Conference of the International Society of Public Law (ICON-S), Wroclaw. New York: International Society of Public Law, 2022.]

Abstract: The proposal seeks to analyze the impeachment as a mechanism of institutional control of political actors, searching for its historical and theoretical bases in common law, so as to uncover the sources of the Brazilian originalist model. One of the objectives was to place the general idea of responsibility within the scope of representative democracy, accounting for failures resulted from frustration of expectations and/or abuse of power. While identifying distinctions between political accountability and legal responsibility, it was appropriate to bring forth the requirement of legal violation in classical Athenian precedents (eisangeliai). In the end, this analysis goes over historical mutations of the impeachment: a) establishment of procedural parameters (British first cases); b) inceptive prerequisite of legal violation (Stuart period); c) attemptable specification of appropriate legal hypotheses (US); d) constitutional provision of precise categories of legal violation (Brazil).

Leia na íntegra clicando aqui.