Service By An Acting President in The Event of Presidential Incapacity or During The Trial of Charge
The Vice-President, or, should the vice-presidency be vacant or the Vice-President unavailable, the next person in the line of succession, takes office as Acting President whenever the President is under an incapacity that impedes him from discharging the powers and duties of the presidency.
The Vice-President, or the next available person in the line of succession, also assumes the powers of the presidency as Acting President if the Chamber of Deputies, the lower house of the National Congress, accepts charges of impeachment against the President. The admission of the charges requires the positive vote of two thirds of the members of the lower house. Once accepted, the charges are sent to the Senate for the trial of impeachment. The Senate must then notify the President that he is now the accused in a trial of impeachment. From the receipt of that notice, the president is suspended from office for a period of 180 days. The suspension cannot be renewed, and ends when the president is acquitted, or automatically at the end of the 180 days, even if the trial of impeachment is not yet finished. During the President's suspension motivated by the acceptance of impeachment charges, the Acting President discharges the duties of the presidency.
The situations of presidential incapacity (e.g. for medical reasons), and of presidential suspension due to the acceptance of impeachment charges, differ from the case of presidential travel abroad because, while the absence of the President from the country triggers the assumption of the powers of the office by an Acting President, in that specific case, powers are not transferred from the president to the acting president, and instead two centers of authority remain in place personifying the presidency. In the cases of incapacity or of suspension due to impeachment, however, the President is relieved of the powers of the office, and the duties of the presidency are therefore totally transferred to the Acting President for the duration of his service.
Read more about this topic: Brazilian Presidential Line Of Succession
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