PT-PV and PC Federation of B had oriented against; proposal still needs to be approved in the 2nd round
Twelve deputies of the PT, party of President Luiz Inacio Lula da Silva, voted, in the first round, in favor of the PEC (proposal for amendment to the Constitution) of the armor (3 of 2021). The proposal, this Thursday (16.Set.2025), makes almost null the ways to penalize a congressman in court.
The PT-PV and PC Federation of B had advised against. The government released the bench, that is, it did not define how deputies should vote.
Among the 12 deputies who voted in favor of the proposal, is (MG), who is former government leader in the House. Here’s the list:
- Airton Faleiro (PA);
- Alfredinho (SP);
- Dilvanda Faro (PA);
- Francisco (PI);
- Flávio Nogueira (PI);
- Florentino Neto (PI);
- Jilmar Tatto (SP);
- Kiko Celeguim (SP);
- Leonardo Monteiro (MG);
- Merlong Solano (PI);
- Odair Cunha (MG);
- Paulo Guedes (MG).
The proposal was approved by 356 votes in favor and 134 against. Because it is a PEC, the text needs the support of at least 308 deputies (⅔ of the house). It still needs to receive a approval in 2nd round. If approved in the House, it will continue to analyze the Senate.
The proposal states that, in order for a congressman to be arrested or processed, their houses will need to authorize by simple majority. For this, they will have 90 days after the determination of justice. The vote in plenary will be with secret vote.
In the House, the simple majority corresponds to 257 favorable votes from the total of 513 congressmen who make up the house. In the Senate, at least 41 votes of the 81 senators would be required to authorize judicial measures against their members.
Deputies and senators can only be arrested in the act for unenforceable crimes In the Constitution, such as racism and terrorism. Even in the act, the maintenance or continuity of the arrest/investigation undergoes a decision of the house, which will have to be made in this case in 24 hours.
The new text also extends the privileged forum in the Supreme Court (STF) to the national presidents of political parties with representation in Congress.
Understand
PEC 3 of 2021, called the PEC of prerogatives, or “PEC of Armor” was led by the former mayor, (PP-AL), in 2021. It is authored by the current Minister of Tourism ,.
At the time, Lira articulated the proposal on the grounds of preventing other deputies from being arrested by the Supreme Court (STF), as it was with (without party-RJ).
This is because, in practice, the proposal makes the ways almost null and null and nullized to penalize a congressman.
If approved, the gaps for civil and criminal liability or even prisons would be virtually extinct.