A controversial secret congressional vote that stacked an impeachment committee with opponents of President Dilma Rousseff was found legitimate on Wednesday by the Supreme Court justice who suspended proceedings against her last week.
Judge Luiz Fachin’s unexpected recommendation must still be voted on by the full court, but it was a new setback for the unpopular Rousseff in her battle to block impeachment for allegedly breaching Brazil’s budget laws last year.
Fachin, who was named to the top court by Rousseff in June, also argued before his fellow justices that the Senate does not have any authority to review the grounds for impeachment once the lower house votes to accept the charges by two-thirds of its members.
The full court will vote on the issue on Thursday afternoon. If it adopts his view, the Senate will have to open an impeachment trial right after the house approves the charges. A move to trial would suspend Rousseff for up to six months with Vice President Michel Temer taking over as Senators debate to remove her permanently or clear her, returning her to office.
“The house decides on the admissibility of impeachment, the Senate judges … it must necessarily begin a trial,” Fachin told the 11-member court, rejecting most of the complaints lodged against the impeachment case by the Communist Party of Brazil, a small ruling coalition ally.
Brazil Energy Insight 
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