The measure is designed in reaction to police investigations into MPs for speeches made in plenary.
The leaders of the Chamber of Deputies discuss the possibility of suspending the investigations underway by the Federal Police. The measure is designed as a reaction to investigations into MPs’ speeches in the gallery, and could be continued if they understand that there have been abuses by the PF of the right to freedom of expression in plenary.
The information was confirmed to the column by two parliamentarians expert in the matter, on condition of remaining anonymous. This articulation to stop the ongoing investigations has the support of the Speaker of the House, Arthur Lira (PP-AL). The assessment made by the leaders is that deputies may also be punished for crimes committed, but any restrictions on speeches in plenary or on the positions of leaders and deputies during sessions will not be tolerated.
The defense of freedom of demonstration is defended by parliamentarians from different sides, left, center and right, on the basis of Article 53 of the Federal Constitution, which deals with parliamentary immunity.
The discussion on blocking investigations is based on the procedure adopted in case of arrest of deputies. The Constitution establishes that when the preventive detention of a parliamentarian is in force, the provision must be analyzed by the chamber of the Chamber where he holds the mandate. This was the case, for example, in the case of Chiquinho Brazão (no party-RJ), in April 2024.
In a plenary vote, the Chamber confirmed the arrest of the deputy identified by the PF as one of those responsible for the murder of councilor Marielle Franco (Psol) and the driver Anderson Gomes. The analysis still remains on the revocation of the mandate, which could take place this year. Brazão denies involvement in the crime.
Investigation against parliamentarians
With the authorization of the Federal Supreme Court (STF), in November the PF investigated deputies Marcel Van Hattem (Novo) and Cabo Gilberto Silva (PL-PB) for criticizing and insulting the delegate Fábio Shor, responsible for the investigations against former president Bolsonaro. The parliamentarians were charged with slander and defamation.
At the time, the Speaker of the Chamber had criticized the measure, stating that there is parliamentary immunity for interventions in plenary and that the Chamber will investigate any abuse of authority by police officers.
On December 4, during a breakfast with journalists, the director general of the PF, Andrei Rodrigues, retorted to the MP by saying that there is no absolute right and that parliamentary immunity does not protect the commission of crimes.
“There is no absolute right, there is no absolute immunity behind which some want to hide to commit crimes,” Rodrigues said.
“Imagine going to the booth and starting to announce the sale of cocaine, marijuana, the sale of children. Is it reasonable, acceptable? Is it freedom of expression? This is a crime. And attacking people’s honor is an equal crime. C “There is nothing that can distance the Federal Police from its axis of action, that our guarantee is not anyone’s opinion, it is the laws and the Constitution”, added the delegate.
Source: Terra
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