CONSTITUTIONAL REFORM/CONSTITUTIONAL AMENDMENT AND PARLIAMENTARY IMMUNITIES – “SHIELDING AMENDMENT”

Abstract

To begin this analysis, it is fundamental to understand the context of the constitutional and legal protection of parliamentary immunities in Brazil, taking as a starting point Article 53 of the 1988 Federal Constitution, which guarantees members of the National Congress specific prerogatives in the exercise of their mandate. These immunities, both material and formal, were instituted to preserve the independence and free exercise of legislative functions, preventing undue pressure from the other branches of government. However, recent proposed amendments, such as the so-called Shielding Amendment, reignite the debate about the limits of these guarantees and the risk of democratic regression should the distance between representatives and the represented increase.