It allows Congress to block criminal proceedings in the (Supreme Court) against deputies and senators and parliamentarians’ arrests. The main text of the proposal was approved on Tuesday (16). Deputies still need to vote on the latest changes before sending the bill for senators analysis.
The PEC (Proposed Amendment to the Constitution) than the original established in the 1988 Constitution and that due to popular pressure against impunity.
The text received from the center, and also favorable votes for a minority among the PT deputies. To be promulgated and effective, PEC must also be approved by the Senate Plenary in two shifts.
As it is today
Deputies and senators can only be arrested in the act for a crime considered serious and without bail, such as racism, rape or crime against the Democratic Rule of Law.
They can be prosecuted criminally without congressional authorization, and these processes run directly in the Supreme Court, provided they are related to the mandate and the political function of the parliamentary.
For crimes without bond with the position, justice is triggered in other instances. In the civil area, in actions of administrative misconduct or blockade of assets, there is no special forum: any judge can decide on the measures.
Until 2001, the Supreme Court needed to ask for permission from the House or from to open a criminal case, and this authorization was decided in a secret vote. The model was overthrown by Congress himself after criticism that the prior authorization served only to shield parliamentarians.
Since then, the legislature can vote in plenary the suspension of a process in progress, if it understands that there are political motivations for the process – in this case, the vote is opened.
What is the shielding PEC
Sponsored by Centrão as a reaction to dozens of investigation on misuse of, the text expands the special forum and protects parliamentarians not only in relation to criminal investigations, but also opens a breach in the civil area ,.
The PEC states that the endorsement to criminally prosecute a congressman will be given by the house in which he exercises mandate – a barrack or senate. The vote will have to be done within 90 days from the order of the Supreme Court on the process.
The proposal initially approved by the House provided that this authorization would be given by secret vote of the majority of its members. This device, however, was overthrown in the discussion of the so -called highlights (voting that changes small excerpts of the proposal). Voting for this type of case would therefore be nominal.
If Congress deny the license to the process, the action will be suspended as long as the mandate of the parliamentarian lasts.
PEC prevents the arrest of parliamentarians
The text states that, since diplomation, members of the unpaid, saved in the act of unenforceable crime (such as torture, trafficking and terrorism), nor criminally processed without prior license from the House or Senate.
If the parliamentarian is caught committing an unenforceable crime, the case file must be sent within 24 hours to the house in which he exercises his mandate (House the Senate). The vote of most parliamentarians will decide on the arrest and formation of the parliamentarian’s guilt, says PEC.
PEC benefits already processed parliamentarians?
Experts say that if it is permanently approved by the House and Senate, PEC will hold the processes in progress as soon as it is promulgated, as constitutional amendments have immediate effect and there is no transition rule established in the current PEC.
In 2022, the Supreme Court decided that the slowdown in Congress’s misconduct law in the previous year was worth the cases in progress, not only applying to the proceedings already judged definitively.
Despite this precedent, the suspension in practice will be defined by the STF itself, which should be caused to comment on the applicability of the amendment. The Court may even consider the PEC unconstitutional, revoking its effectiveness.
How is wide or privileged forum?
PEC says precautionary measures against congressmen can only be authorized by the Supreme Court, which opens the possibility that even acts taken in misconduct actions have to be authorized by the Court.
Presidents of political parties will also have special forum, that is, will be tried by the Supreme Court, according to the proposal.
Where did PEC come from
The original text is authored by the deputy (-pa), government minister of the government. It was filed in 2021 after the order of.
The change began to be sparked after an agreement to end what the House plenary took in protest against.
The proposal echoes, however, the dissatisfaction of congressmen with in progress investigations in the STF related to embezzlement with parliamentary amendments.
Experts claim that but practical negative because it makes it difficult to punish crimes.
