Zanin, Moraes, and Gilmar argue that only the Supreme Court can authorize searches in Congress and official residences.

247 Three Supreme Court justices — Cristiano Zanin, Alexandre de Moraes, and Gilmar Mendes — have voted to grant the Court exclusive jurisdiction to authorize search and seizure warrants in the National Congress and in the official residences of parliamentarians. This information was released by [source name/source - context needed]. g1 this Friday (19). The trial takes place in the virtual plenary of the STF, and the ministers have until September 26 to register their votes in the electronic system.

The case dates back to 2016, when the Senate leadership questioned the legality of Operation Métis, authorized by the Federal Court in Brasília. The operation investigated an alleged counterintelligence scheme carried out by legislative police officers to protect senators from Operation Lava Jato. Although the operation was later dismissed by the Supreme Court without finding irregularities, the controversy opened a debate about who had the prerogative to authorize searches in spaces linked to parliamentary activity.

Defense of parliamentary independence.

In his vote as rapporteur, Minister Cristiano Zanin highlighted the importance of the institutional protection of the mandate. According to him, "even if the investigation does not directly target the parliamentarian, the seizure of documents or electronic devices within the National Congress or in a parliamentarian's official residence has repercussions, even if indirectly, on the performance of parliamentary activity and, consequently, on the exercise of the mandate itself, which attracts the jurisdiction of the Supreme Federal Court."

The Senate leadership also argued that the measure does not seek to shield parliamentarians, but to ensure the protection of strategic information. In its statement, the House argued that precautionary measures ordered by lower courts could affect sensitive content related to the exercise of public office, which should be under the direct supervision of the Supreme Court.

Moraes' position

Minister Alexandre de Moraes emphasized the need for balance between the branches of government and respect for the system of checks and balances established in the Constitution. According to him, the objective is to prevent abuses and ensure the legitimacy of judicial decisions.

"The powers of the State, especially in this case the Legislative and Judicial branches, must act harmoniously, prioritizing cooperation and institutional loyalty, avoiding practices of institutional guerrilla warfare, which end up undermining governmental cohesion and popular confidence in the conduct of public affairs by political agents," he stated.

Moraes added that the determination to search the offices or residences of parliamentarians must strictly respect due process. "This is not intended to establish special jurisdiction for specific locations or assets, but only to ensure absolute respect for the principle of the natural judge and due process, which dictate judicial oversight of investigations by the constitutionally competent body," he concluded.

Gilmar Mendes's follow-up

Gilmar Mendes fully endorsed the opinion of rapporteur Cristiano Zanin, but has not yet released the full text of his statement. Eight more justices have yet to express their opinions in the trial.