Decision, made in the virtual plenary, reached six votes until this Monday (22); judgment occurs in a moment of strong tension between legislative and judiciary
The (Federal Supreme Court) formed a majority to establish that it is exclusively for the Court to authorize search and seizure operations in the premises of the National Congress and in functional properties occupied by parliamentarians. The decision, made on trial in the virtual plenary, reached six votes until this Monday (22). The rapporteur, Minister Cristiano Zanin, was accompanied by Alexandre de Moraes, Gilmar Mendes, Flávio Dino, Dias Toffoli and Cármen Lúcia. With this understanding, it is defined that judges of other instances cannot determine investigation measures within legislative houses.
At the same time, the Supreme Court rejected the need for prior authorization from the presidents of the House or Senate to be fulfilled in these places. Zanin pointed out that even when the parliamentarian is not a direct target, seizures in offices or functional properties can impact the exercise of the mandate. For him, the purpose of the decision is to protect the civil service and the autonomy of the legislature, not to shield specific people.
Minister Alexandre de Moraes stressed that the measure seeks to ensure harmony between powers, avoiding “institutional guerrillas” that undermine society’s confidence. According to him, control by the Supreme Court ensures that coercive measures respect due process of law and parliamentary prerogatives. The lawsuit was filed by the Senate Board of Directors in 2016, after Operation Metis, authorized by the Federal Court in Brasilia. At the time, an alleged scheme was investigated to make Lava Jato’s investigations out against congressmen. The case was eventually filed by the STF.
Judgment occurs in a moment of strong tension between Legislative and Judiciary. Last week, proposals such as the so -called Armage PEC, which restricts arrests in the act and criminal actions against parliamentarians, and the amnesty project to condemned by the acts of 8 January. The initiatives motivated protests in several capitals on Sunday (21).
Published by Felipe Dantas
*Report produced with the aid of AI
