Parliamentarial armor and end of the forum: Understand the proposals of Congress

by Andrea
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The vote in PECS Plenary (proposals for amendment to the Constitution) of the end of privileged forum and from parliamentarial shield It did not advance in the House of Representatives on Wednesday (27) due to the lack of consensus of the leaders.

The “PEC of Armage” expands protection to, by establishing new criteria for the arrest of deputies. Already the PEC of the Forum ends the mechanism that guarantees deputies and senators special forum when tried for crimes committed during the term.

Shielding of deputies

Also known as PEC of prerogatives, the “PEC of Armagem” Changes in the article of the Constitution dealing with parliamentary immunity.

Among other points, the matter proposes that a legislature is necessary for deputies to be investigated by the Supreme Court (STF).

The original text also defines that parliamentarians could only be caught in the act in cases of unenforceable crimes, such as Crimes racism or drug trafficking.

The proposal, in process since 2021, has as rapporteur the federal deputy Lafayette de Andrada (Republicans-MG).

End of the privileged forum

Led by Senator Flávio Bolsonaro (PL-RJ), the son of former President Jair Bolsonaro (PL), the PEC from the end of the privileged forum to authorities aims to prevent the Supreme Court from judging some authorities in cases involving common crimes.

The senator argues that the Supreme Court would not be the appropriate forum for Bolsonaro to respond to the charges that weigh against him.

The text revokes the warranty of forum for mayors, deputies and senators and states that only the President of the Republic, deputy, president of the House, Senate and Supreme Court would keep trial in the Supreme.

STF ministers see the debate about the end of the privileged forum as a demonstrative of which they are targets in court.

In reading ministers accompanying the subject, what is behind the debate is an attempt to shield investigations into the court against more than 30 deputies and senators, many of them opposition.

In 2018, the Senate unanimously approved a change in the rules of the privileged forum to federal deputies and senators, establishing that they would only be entitled to the special forum when tried for crimes committed during the mandate. However, subsequent changes in legal understanding allowed Bolsonaro to maintain their processes in the Supreme Court.

The privileged forum was originally conceived to ensure that occupants of high exposure public positions could perform their duties less vulnerable to political persecution, ensuring proper treatment in justice, considering the complexities of the Brazilian judiciary.

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