President Dilma. Rousseff vs. the Senate of Brazil

The former President of Brazil, D. Rouseff should be discharged and acquitted for the following reasons:

  • That incompetence is not a crime but is due to human frailty and limitation in knowledge common to all human beings.
  • That her offence falls into the “political offence” doctrine which is not to be punished as if it were a criminal offence, which it is not as the evidence shows after prolonged police investigations.
  • That economic failure is the result of the inevitable downturn in the universal economy.
  • To punish a President for economic failure is like punishing one for getting sick.
  • That the said President D. Rousseff faced political and economic national problems beyond her control.
  • The Senate members are equally vicariously responsible for the societal problems.

The Petrobras scandal was widespread in which some government officials were unhappy that the President did not allow them action on the PETROBAS pie.

Image: UnB Agência via Flickr
Image: UnB Agência via Flickr

The President took stringent economic measures that were not successful.

The President rendered meritorious services to Brazil both as a fighter against military rule for which she was jailed, and as a democrat.

For the many Brazilians who are objective and who cast an eye on their nation’s history, she is a hero.

From all indications, bias was responsible for the chauvinistic attitude of 2/3 of women haters and divorcees in the Brazilian Parliament.

The members of Parliament should be probed and those who cast the first vote will be exposed.

There is no magic wand to predict that Brazil was to be better off under the new leader, who sat idly by while Brazil floundered.

The Brazilian Parliament failed to observe the Roman law legal principle of “AUDIATUR ALTERAM PARTEM” before voting on the impeachment motion.”Autre forts acquit” must apply.

To apply criminal proceedings to a political offense case was why the international law case of Haya dela Torres  case failed. Lady D’s case must fail under acute jurisprudential review. Each time I go through the Brazil constitution,

I find remnants of Roman Legal clichés and remnants of military decrees language which defies semantic, linguistic, grammatic, judicial literacy and ontological interpretations.

There was no default, or crime only that she was faced with lotus impossibility a gargantuan political and complex emergency situation beyond the capacity of one person. Impossibility cannot be subject to legal reprisal.

Some brain-damaged Brazilian Senators in pursing the agenda to humiliate D. Rousseff hurriedly removed her from office in order to deprive her the glory of presiding over the Rio Olympics, which she nurtured and brought to Brazil.

This is a behavior ascribable to castrated cretins.

There are states and individuals who resent the heartless treatment meted out to Dr. Mrs. D. Rousseff, who may not wish to participate in the Olympics.

Other states are concerned about the Senate’s its ability to contain the ZIKA virus for which they have the vicarious liability to deal with but failed to do so. Things that are equal to the same things are equal to one another, will the Senate dissolve itself please.

Brazil’s political mal-contents are many but their plight is self-imposed. Many samba-loving, football loving and beach-combers have themselves to blame.

Protesting against government has become common place. Looking for a miracle-worker in any government is made up chips of the old block. Brazilians must change their happy-go-for-pastimes and learn the virtues of hard-work.

Finally, I have, in this disquisition, examined the political underpinnings of Madam Rousseff’s impeachment trial. How can you remove a President from office before she has a chance to be heard? It is like putting the cart before the horse.

All these unfolding comedy of errors point to serious flaws in the Brazillian state system. Anyone with a fleeting acquaintance with Roman history knows that Senators with daggers drawn murdered Julius Caesar in cold blood. Madam Rousseff calls her overthrow a Coup. It is indeed.

I make bold to remind Brazillian Senators that they should remember that during the reigns of Augustus Caesar and Julius Caesar, some eye-service Senators were in the habit of bringing “TRUMPED” up charges against their leaders. Roman Law Chancellors would dismiss such coup attempts by stating that “NULLUM CRIMEN NULLA POENA SINE LEGE.”

This is to educate Brazillian Senators on Roman Law which is the basis of Brazilian jurisprudence. I rest my case. Reinstate Madam D. immediately.  Under the principle of “RESTITUTIO IN INTEGRUM,” and NULLUM CRIMEN NULLA POENA SINE LEGE rules have become cardinal principles of universal justice, as well as the AUDIATUR ALTERAM PARTEM principle, from which no derogation is permitted. These laws permit hopes for people who are falsely accused of crime which they did not commit. In the Aeropagus in Greece, garrulous Senators did accuse their colleagues who became victims. How many politicians were made to face the guillotine in France?

In legal theory “justitia neminem excusat, including Brazilian coup plotters

The Lady D volunteer collective awaits a response. Call 07036660639, e-mail esiemokhai @yahoo.com

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Image: UnB Agência via Flickr

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Emmanuel Omoh Esiemokhai
Emmanuel Omoh Esiemokhai
Professor Emmanuel Omoh Esiemokhai is the Academic Chancellor, BOSAS International Law Bureau, Abuja, FCT, Nigeria.

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