With a cascading effect on states, the "Shielding Constitutional Amendment" could paralyze processes throughout the country.
Bill currently being debated in Congress could grant immunity to over a thousand state legislators in Brazil.
247 - The so-called Shielding Amendment, approved by the Chamber of Deputies on Wednesday (17), has raised concerns among jurists and experts for significantly expanding protections for parliamentarians. The text, short and direct, but with a strong impact, still needs to be analyzed by the Senate and, if approved, will be enacted without the need for presidential sanction.
The central objective of the proposal is to reinstate the requirement for congressional authorization for the Supreme Federal Court (STF) to criminally prosecute federal deputies and senators. This rule was in effect between 1988 and 2001, but was overturned after being associated with a scenario of impunity. The proposed constitutional amendment, however, goes further: its effects could extend to state deputies and even presidents of political parties, according to legal experts, reports [source missing]. Folha de S. Paul.
The details of the armor
The first point of the proposed constitutional amendment alters Article 53 of the Constitution, establishing that deputies and senators can only be subject to precautionary measures determined by the Supreme Federal Court (STF). This opens a loophole for protection against actions such as search and seizure, breach of confidentiality, and asset freezes.
Another controversial point of the proposed constitutional amendment is the requirement for prior authorization from the Chamber of Deputies or the Senate for parliamentarians to be criminally prosecuted in the Supreme Federal Court. The vote will be secret and must take place within 90 days.
According to experts, the measure could freeze ongoing processes, since constitutional amendments have an immediate effect. "This regulatory vacuum could generate legal uncertainty and even paralyze investigations," says lawyer Berlinque Cantelmo, from RCA Advogados.
Cascade effect in the states
The Constitution guarantees state deputies the same rights of inviolability as federal deputies. Therefore, the proposed amendment could extend this protection to over a thousand state parliamentarians nationwide, requiring approval from the Legislative Assemblies to proceed with any legal proceedings.
Prescription favored
The text also stipulates that the statute of limitations will only be suspended if Congress refuses to authorize the prosecution of parliamentarians. If the legislative houses do not deliberate, the time will continue to run, which could benefit politicians under investigation.
Expanded forum for party presidents
Another controversial point is the extension of privileged jurisdiction in the Supreme Federal Court (STF) to presidents of parties with representation in Congress. Constitutional lawyer Guilherme Barcelos criticizes the measure: “The president of a political party is not a public authority. There is no reason to extend this jurisdiction to party leaders,” he argues.
Next steps and risks of litigation.
If approved by the Senate, the proposed constitutional amendment is likely to be challenged in the Supreme Federal Court (STF). Although the 1988 Constitution initially provided similar protection, the context was different: to protect parliamentarians who had recently emerged from the military dictatorship.
Unlike that time, the current proposal is considered broader and capable of restricting corruption investigations, especially those linked to billions of dollars in parliamentary amendments. Experts predict that the Court will have to decide on its constitutionality and how to apply it in practice.
