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| Dilma Rousseff Was Not Impeached, Legal Scholars Say | Dilma Rousseff Was Not Impeached, Legal Scholars Say |
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| Brazilians and many others are transfixed over the impeachment proceedings against Dilma Rousseff, the first female president of Brazil. But while impeachment is not uncommon, not every country agrees on what it means. | Brazilians and many others are transfixed over the impeachment proceedings against Dilma Rousseff, the first female president of Brazil. But while impeachment is not uncommon, not every country agrees on what it means. |
| Lawmakers in at least a half-dozen countries, from Iran to the United States, have subjected their leaders to impeachment in recent decades. And not every case turned out badly for the politician who was targeted. | Lawmakers in at least a half-dozen countries, from Iran to the United States, have subjected their leaders to impeachment in recent decades. And not every case turned out badly for the politician who was targeted. |
| In the United States, two presidents have been impeached — Andrew Johnson in 1868 and Bill Clinton in 1998 — but the rules required neither to step aside during their trials. Both were acquitted. | In the United States, two presidents have been impeached — Andrew Johnson in 1868 and Bill Clinton in 1998 — but the rules required neither to step aside during their trials. Both were acquitted. |
| But in Brazil, Ms. Rousseff has not yet been impeached, legal scholars say. | But in Brazil, Ms. Rousseff has not yet been impeached, legal scholars say. |
| “In Brazil, the term impeachment is used only after a conviction is made in the trial,” said Daniel Vargas, a law professor at Fundação Getulio Vargas in Rio de Janeiro. | “In Brazil, the term impeachment is used only after a conviction is made in the trial,” said Daniel Vargas, a law professor at Fundação Getulio Vargas in Rio de Janeiro. |
| Now that Brazil’s Senate voted against her on Thursday, Ms. Rousseff will have to step aside during her impeachment trial, which could last for six months. But if she is ultimately absolved, she will not have been impeached, Mr. Vargas said. | |
| Others agreed. | Others agreed. |
| “Formally speaking, she has not yet been impeached,” said Ronaldo Porto Macedo Jr., a law professor at the University of São Paulo and other institutions. “She is only considered impeached when there’s a final judgment.” | “Formally speaking, she has not yet been impeached,” said Ronaldo Porto Macedo Jr., a law professor at the University of São Paulo and other institutions. “She is only considered impeached when there’s a final judgment.” |
| Ms. Rousseff is not the first Brazilian president to confront impeachment. In 1992, Fernando Collor de Mello resigned just as his trial in the Senate began. He was found guilty and barred from elected office for eight years. | Ms. Rousseff is not the first Brazilian president to confront impeachment. In 1992, Fernando Collor de Mello resigned just as his trial in the Senate began. He was found guilty and barred from elected office for eight years. |
| Some impeachments have proceeded with surprising speed, raising questions about fairness, due process and a blurred line between legitimate removal from power and a coup. | Some impeachments have proceeded with surprising speed, raising questions about fairness, due process and a blurred line between legitimate removal from power and a coup. |
| Four years ago in Paraguay, President Fernando Lugo, who was celebrated by the poor for advocating land redistribution, was impeached on charges of poor performance within two weeks after a deadly confrontation between peasants and the police. His trial lasted six hours, with no opportunity for him to defend himself, and he was thrown out of office. | Four years ago in Paraguay, President Fernando Lugo, who was celebrated by the poor for advocating land redistribution, was impeached on charges of poor performance within two weeks after a deadly confrontation between peasants and the police. His trial lasted six hours, with no opportunity for him to defend himself, and he was thrown out of office. |
| Other leaders have survived multiple impeachments in political struggles that have lasted for years. A notable example was Traian Basescu, president of Romania from 2004 to 2014. Parliament voted twice to impeach him, in 2007 and 2012, but referendums were required to remove him from office. Both failed — the second because turnout did not reach a 50 percent minimum. | Other leaders have survived multiple impeachments in political struggles that have lasted for years. A notable example was Traian Basescu, president of Romania from 2004 to 2014. Parliament voted twice to impeach him, in 2007 and 2012, but referendums were required to remove him from office. Both failed — the second because turnout did not reach a 50 percent minimum. |
| The impeachment of Joseph Estrada, a former film actor accused of extensive bribery and corruption, roiled the Philippines in 2000. | The impeachment of Joseph Estrada, a former film actor accused of extensive bribery and corruption, roiled the Philippines in 2000. |
| The impeachment was aborted after some senators blocked the admission of evidence, but mass protests ensued and Mr. Estrada was forced to resign. He then faced a criminal trial and was convicted of most charges in 2007. | The impeachment was aborted after some senators blocked the admission of evidence, but mass protests ensued and Mr. Estrada was forced to resign. He then faced a criminal trial and was convicted of most charges in 2007. |
| Impeachment has sometimes been used to give a veneer of legitimacy to the ouster of an elected leader that has already happened. | Impeachment has sometimes been used to give a veneer of legitimacy to the ouster of an elected leader that has already happened. |
| Two years ago in Ukraine, President Viktor F. Yanukovych fled the capital amid a violent political uprising against him. Lawmakers then rushed through an impeachment vote that he called a coup. | Two years ago in Ukraine, President Viktor F. Yanukovych fled the capital amid a violent political uprising against him. Lawmakers then rushed through an impeachment vote that he called a coup. |
| Abolhassan Bani-Sadr, who in 1980 became Iran’s first elected president, fled for his life a year later after a falling-out with a former ally, Ayatollah Ruhollah Khomeini, the leader of the 1979 revolution that overthrew the shah. As the ayatollah’s supporters called for Mr. Bani-Sadr’s execution and bombed his house, Iran’s Parliament voted to impeach him for incompetence and he took refuge in France. | Abolhassan Bani-Sadr, who in 1980 became Iran’s first elected president, fled for his life a year later after a falling-out with a former ally, Ayatollah Ruhollah Khomeini, the leader of the 1979 revolution that overthrew the shah. As the ayatollah’s supporters called for Mr. Bani-Sadr’s execution and bombed his house, Iran’s Parliament voted to impeach him for incompetence and he took refuge in France. |
| Legal experts say that despite the variations from country to country, a common denominator in impeachment is that it is largely a political act, in which a defendant’s accusers, and judges, are rivals for power. | Legal experts say that despite the variations from country to country, a common denominator in impeachment is that it is largely a political act, in which a defendant’s accusers, and judges, are rivals for power. |
| “Normally, you’d expect a completely impartial party to make a statement on facts, then decide on whether a specific person is guilty of something,” said Pierre de Vos, a constitutional law scholar in South Africa, where President Jacob Zuma was the target of an unsuccessful impeachment attempt this year by opposition lawmakers. | “Normally, you’d expect a completely impartial party to make a statement on facts, then decide on whether a specific person is guilty of something,” said Pierre de Vos, a constitutional law scholar in South Africa, where President Jacob Zuma was the target of an unsuccessful impeachment attempt this year by opposition lawmakers. |
| “It’s politicians deciding the fate of other politicians,” Mr. de Vos said. “It’s not an untainted process.” | “It’s politicians deciding the fate of other politicians,” Mr. de Vos said. “It’s not an untainted process.” |