O instituto da imunidade parlamentar sob a ótica da jurisprudência do Supremo Tribunal Federal

Abstract

The Federal Constitution of 1988 gave the Supreme Court the function of guardian and protector of the Constitutional Charter. With this, the Supreme Court has the prerogative of linking its understandings of the provisions of law to other Brazilian Courts, building its jurisprudence for decisions. In this sense, the institute of parliamentary immunity underwent several interpretations and jurisprudential understandings of the Supreme Court. Last year there was a jurisprudential turnaround, caused by the raising of the Question of Order in the Judgment of Criminal Action 937 QO / RJ. This turn brought a constitutional change to the constitutional provision that guarantees the prerogative of the parliamentary forum. Given this, it is of great relevance to study the jurisprudential understanding of the Supreme Court, together with the impacts that this mutation has had on the republican system where, inductively, a general conclusion can be made through a basic research of the target object, namely the Supreme. Federal Court and its understanding of the institute of parliamentary immunity, because, as detailed during this article, this change has a direct impact on one of the Powers of the Republic, the Legislative, from which it has, theoretically, independence guaranteed by the principle of Separation Theory. of the Powers, also guaranteed by the Constitution, bringing up the problem.