Brasilia, December 18 (teleSUR-RHC)-- The justices of the Brazilian Supreme Court voted 6 to 5 to annul the secret ballot procedure used by the embattled head of the Chamber of Deputies, Eduardo Cunha, to elect the special committee that is tasked with determining if impeachment against President Dilma Rousseff should proceed.

Cunha abruptly changed the voting procedure to select the members of the special committee, allowing a second list of candidates to be presented and opting for a secret ballot to be used.

Ultimately a group of 39 pro-impeachment members were elected to sit on the committee. Thursday's decision by the Supreme Court means a new vote will have to be held.

The court stated that the list of candidates must be prepared by the leaders of each party, as the internal regulations of the Chamber specified.

“That disagreement between alternative candidates should be handled inside the party, and not taken to the plenary floor,” said Justice Luis Roberto, who sided with the majority.

The Supreme Court further said that voting should be open and not done through a secret ballot.

The decision by the court is seen as a defeat for Cunha and a win for Rousseff.

In another positive sign for Rousseff, the Supreme Court also ruled that the Senate can review the grounds for impeachment, even if the lower house votes to impeach her, through a simple majority.

Her opponents had argued that the Senate must automatically suspend the president and begin a trial that can last six months, should the lower house vote for impeachment.