Imunidades parlamentares: a trajetória brasileira

Abstract

This paper intends to analyze the parliamentary privileges journey in Brazil. Parliamentary privileges are legal institutes which establish specific conditions for the prosecution and imprisonment of members of the Legislative Branch. The study intends to identify whether these immunities still have a relevant role to play in the Brazilian reality, through the historically contextualized reading of jurisprudence of the Brazilian Supreme Court, since its creation until today, and also by the analysis of the normative frameworks that had place in the country. This is a research of legal-comprehensive and legal-propositional types and faces the following controversy: after all, immunities mean only an obstacle so that parliamentarians for improper conduct are not punished or, differently, privileges are mechanisms that allow the legislator to act politically without fear and, as well, ensure the effective democratic process? The hypothesis adopted is that parliamentary privileges are useful for Brazilian political dynamics. Despite the relevance of the criticisms, it is assumed that mistrust should fall not on the appropriateness of the institute in theory, but on its institutional design, which may give rise to undue privileges, or on political culture, in need of improvement. Ultimately, the study comes to conclusion that immunities contribute, together with several legal institutes, to safeguard the democratic regime, since, if vilified, they warn of its deterioration. In addition, based on the research conceived, guidelines for understanding and applying parliamentary immunities by the Brazilian justice system are pointed out, which pay attention to national history and are consistent with constitutional principles.