Movements took the streets of large capitals of the country, such as Brasilia, Sao Paulo, Salvador and Rio de Janeiro this Sunday in protest to the Armage PEC, approved in the House of Representatives last Tuesday. It is estimated that the demonstrations occur in more than 30 Brazilian cities. But do you know what the constitutional amendment project is about?
The shielding PEC, in a few lines, expands the protection of parliamentarians against investigations and criminal and civil proceedings.
The text that was approved by the deputies resumes the requirement that Congress needs to give parliamentarians to respond to criminal proceedings in the Supreme Federal Court (STF). The PEC modifies Article 53 of the Constitution, which deals with the guarantees and prerogatives of congressmen, and adds new devices that make the requirements more rigid for deputies and senators to be targeted by lawsuits.
Continues after advertising
Since the country’s redemocratization, the theme has undergone relevant transformations. The norm resumes a constitutional principle provided for in the 1988 Constitution and was overthrown by Congress itself in 2001, amid pressure from public opinion so that parliamentarians would respond to corruption and crimes they committed.
Then understand what it was like, how it is today, and how this rule can be at central points.
AUTHORIZATION FOR OPENING CRIMINAL PROCEEDINGS
From the promulgation of the Constitution from 1988 to 2001, no criminal proceedings could be opened against parliamentarians without authorization from the respective Legislative House (House or Senate). The Federal Supreme Court (STF) could not judge a deputy or senator if the authorization were denied or if the subject was not considered. The rule became a symbol of corporate shielding and impunity.
Continues after advertising
In 2001, amendment No. 35 was approved, which extinguished this requirement. The standard, which is in force to this day, has allowed the Supreme Court to open criminal actions against parliamentarians without prior legislative approval, although the Constitution has maintained the possibility of the house to disappear the case upon receipt of the complaint, by decision of the absolute majority of parliamentarians, if the crime was committed after the diploma.
Now, the shielding PEC now approved by the House wants to restore and expand the requirement of prior authorization from Congress for judicial acts, even if the alleged crime is not related to the mandate and is, for example in the civil area. From the Writing of the House approved in the House, parliamentarians “at any time will only be targeted by precautionary measures of a personal or real nature from it.”
Arrest in the act
The Constitution already provides that parliamentarians may be arrested in the act of unenforceable crime (such as murder, drug trafficking or torture). Still, even in these cases, arrest needed to be communicated to their home within 24 hours, which may decide to release the accused. The change that the PEC establishes, in this case, is that the vote on the prison, which today is nominal, would become secret.
Continues after advertising
The text states that “members of the National Congress cannot be arrested, saved in the act of unenforceable crime, nor criminally prosecuted, without prior permission from their home” and that the vote should occur within 90 days. If the issue is not voted, no prison license would be considered denied.
Precautionary measures
The so -called precautionary measures, such as searches and seizures, blockages of property, bank or telephone secrecy breaks and temporary removal of the position, were not directly mentioned in the 1988 Constitution. However, in practice, these measures depended on the same reasoning applied to the opening of processes, requiring authorization from the legislative house to which the parliamentary belonged.
With the 2001 reform, and especially with the consolidation of STF jurisprudence in the following years, these measures were applicable to parliamentarians, regardless of the authorization of the House or Senate, provided they are issued by the Supreme Court.
Continues after advertising
The PEC provides that deputies and senators on the Supreme Court may only be the target of precautionary measures “of a personal or real nature from it”, that is, prohibits precautionary measures given by lower instances.
Privileged forum
Parliamentarians are tried exclusively by the Federal Supreme Court, as well as the President of the Republic, the Vice-President, the Ministers of State and the Attorney General.
The shielding PEC expands the privileged forum to presidents of parties who have representation in Congress.
