Parliamentary Immunity - Brazil

Brazil

The 1988 Brazilian constitution grants parliamentary immunity to members of both the Chamber of Deputies and the Senate. Unlike other countries, Brazilian parliamentary immunity is also extended to crimes committed outside a parliamentarian's official duties (murder, theft, etc.). This does not apply for crimes committed before the member of parliament takes office. Members of parliament can only be arrested for these crimes if caught at the time of the criminal act in flagrante, for a crime which has no possibility of bail. These arrests can be overruled by a floor vote of the particular parliament chamber that parliamentarian belongs to.

Criminal proceedings are only suspended for crimes committed after a parliamentarian begins his term of office, and these suspensions can be overruled by a floor vote of the particular parliament chamber that parliamentarian belongs to. Once criminal proceedings are allowed by such a vote, the parliamentarian is to be tried by the Supreme Federal Tribunal, as opposed to the lower courts.

As of 2007, no Brazilian politician has ever been convicted by the Supreme Federal Tribunal of any crime since parliamentary immunity was instituted in the 1988 constitution.

After the Mensalão scandal in 2005, the Supreme Federal Tribunal surprised many when, on August 24, 2007, it accepted the indictments of 40 individuals, most which are former or current federal deputies, all of which were allies of Brazilian president Luiz Inácio Lula da Silva.

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