The proposal for amendment to the Constitution (PEC) that hinders criminal complaints against deputies and senators was based by the President of the Chamber of Deputies, Hugo Motta (Republicans-PB), for this Tuesday (16).
The PEC states that any opening of criminal prosecution depends on prior authorization, in a secret vote, the absolute majority of the Senate or the House. In addition, the proposal grants forum in the Federal Supreme Court (STF) for presidents of parties with accents in Parliament.
The call of PEC of Armage (PEC 3 of 2021), or PEC of prerogativeswas articulated by most of the House leaders with the support of the Opposition led by the Liberal Party (PL). The government has not yet officially spoken out about this agenda.
Motta justified that the project “strengthens parliamentary activity and was defended by the majority of the representation of the College of Leaders.” Today, Deputy Claudio Cajado (PP-BA) was appointed rapporteur of the proposal.
Brasília (DF), 23/05/2023 – Deputy Claudio Cajado (PP -BA) is appointed Rapporteur of PEC. Photo -Archive: Marcelo Camargo/Agência Brasil – MARCELO CAMARGO/AGENCY BRAZIL
If PEC is approved, legal proceedings, either by misrepresenting parliamentary amendments or other crimes, can only be tried in the STF with authorization from parliamentarians
In conversation with journalists, the staff tried to convince that the text would not be an authorization for “bad ones”, but only a “protection” for deputies to play their role without fear of “political persecution”.
“This is not a license for abuse of the exercise of the mandate, it is a protective shield of the defense of the parliamentarian, the sovereignty of the vote and, above all, respect for the Chamber of Deputies and the Federal Senate,” he said.
The text presented by the rapporteur states that: “Since the issuance of the diploma, the members of the National Congress may not be arrested, except in the act of unenforceable crime, nor criminally processed, without prior permission of their home.”
On another device, the PEC defines that the decision must be decided “by secret vote of the absolute majority of its members, up to ninety days from the receipt of the order emanating from the STF”. Absolute majority means half of the house parliamentarians plus one.
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In the case of arrest for unenforceable crime, it is necessary to manifest, within 24 hours, of the House or Senate, by secret vote. The house may suspend prison with a simple majority that, unlike the absolute majority, requires most of the parliamentarians present at the session and not the total.
About the secret vote, the rapporteur Claudio Cajado maintained that the mode “never gave problem”. “What is the problem with the secret vote? [É] So that everyone has their conscience focused on the full exercise of parliamentary activity, ”he said.
The rapporteur also justified the inclusion of party presidents among those entitled to the forum by prerogative of function, and can only be processed by the Supreme Court.
“They are activists in politics. They complement political activity. So any process about them does not have to be permitted, to be clear. But the forum is also the same as deputies,” said a staff.
Pec
The Armage PEC began to gain strength in the House of Representatives after the house arrest of former President Jair Bolsonaro and the opposition riot that prevented legislative workers for a week.
The former president’s allies criticize the STF’s actions against deputies and senators accused of collaborating or participating in the coup movement that questioned, without evidence, the 2022 presidential elections.
Brasília (DF), 06/26/2025 – The leader of the PL in the House, Deputy Sostenes Cavalcante (PL -RJ). Photo -Archive: Lula Marques/Agência Brasil – Lula Marques/Agência Brasil
According to PL leader, Deputy Sostenes Cavalcante (PL-RJ), the objective is to resume the text of the 1988 Constitution that conditions the opening of criminal action against deputy or senator to a prior authorization from the parliamentary legislative house.
“Investigating can. To process that houses will be required within 90 days,” Sostenes told Brazil agency.
Constitution
Until 2001, the Constitution established that parliamentarians could not be prosecuted criminally without prior permission from their home.
That year, a constitutional amendment, 35/2001 withdrew this part of the Constitution, and the deputies were processed without prior authorization from the plenary of the House or Senate.
Currently, the House or Senate may suspend the progress of some action, after it has already been accepted by the judiciary, provided that the crime has occurred after the diploma and is related to the functions of the parliamentary.
