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The "Shielding Amendment" loses momentum in the Chamber of Deputies amid criticism.

Proposal to expand parliamentary immunity generates negative reaction and ceases to be a priority for the PL.

Hugo Motta and Sóstenes Cavalcante (Photo: Bruno Spada/Chamber of Deputies)

247 - The proposed amendment to the Constitution (PEC) on parliamentary protection, which sought to expand mechanisms to protect members of parliament, lost momentum in the Chamber of Deputies after strong resistance both inside and outside Congress. According to the newspaper... The GlobeThe initiative from the PL, the largest party in the House, was removed from the voting agenda after a lack of consensus among party leaders.

The impasse became evident at a meeting of leaders held on Wednesday, which discussed an alternative version of the proposal. The Speaker of the House, Hugo Motta (Republicanos-PB), had previously defended the discussion of parliamentary “prerogatives,” arguing that judicial decisions were “transgressing the limits of what is guaranteed.” However, the unofficial text presented by the Centrão, which significantly expanded the powers of Congress over the Judiciary, was considered excessive by several parliamentarians.

Alternative version and criticisms of excessive privileges

The alternative text stipulated, for example, that the Chamber of Deputies and the Senate could suspend investigations against members of Congress in a closed session by simple majority, until the end of their term. The proposal also required a qualified quorum of two-thirds of the Supreme Federal Court (STF) justices for arrests, convictions, or the acceptance of charges against parliamentarians. Furthermore, precautionary measures, such as electronic monitoring or house arrest, could only be applied with authorization from Congress.

These measures were seen as an attempt to transform immunity into impunity. Senator Renan Calheiros (MDB-AL) classified the proposal as a "setback" and stated: "The Shielding Amendment is a setback. It transforms immunity into impunity, like an eternal habeas corpus for a caste of untouchables."

Reactions from political parties and leaders

The negative reaction led the opposition to back down from its initial defense of the PEC (Proposed Constitutional Amendment). The leader of the PL (Liberal Party) in the Chamber of Deputies, Sóstenes Cavalcante (RJ), admitted that the party will now prioritize the discussion of amnesty: “No agreement was reached. Our priority now will be amnesty. We continue to think the PEC is important, but we will support it in a supporting role.”

Centrist parties have further hardened their stance. The PSD, following the guidance of its president Gilberto Kassab, announced it would vote against the proposal in any version. Meanwhile, the president of the MDB, Congressman Baleia Rossi (SP), declared on social media: “I am against any type of protection for parliamentarians and changes to the legal framework.”

In the Senate, resistance was also evident. The government leader in Congress, Randolfe Rodrigues (PT-AP), stated that the PEC only serves the interests of the opposition: "Any kind of protection, given the moment we are living through, is a maneuver by the far right to, in the first instance, save their parliamentarians who are being investigated."

Civil society and the Supreme Federal Court also express their opinions.

Civil society organizations released a statement of repudiation, warning that the proposal would represent a serious democratic setback. Meanwhile, a more moderate text is already being processed in the Chamber of Deputies, reported by Deputy Lafayette de Andrada (Republicanos-MG). This version establishes that precautionary measures against parliamentarians would only be valid after a decision by the full Supreme Court, and that, in the case of arrest in flagrante delicto for a non-bailable crime, it would be up to Congress to decide whether or not to maintain the detention. Even this alternative, considered less radical, faces resistance and may have difficulty moving forward. 

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