Background on the Controversial Proposal
The Brazilian Senate recently dismissed a constitutional amendment project that would have broadened the immunity of legislators. The proposal, dubbed the “shield project,” required that Congress authorize – through a secret vote – the criminal prosecution or arrest of any member. This came after significant public backlash, with tens of thousands protesting on Sunday under the slogan “Congress, national shame.”
Public Protest and Political Implications
The protests, the largest since Lula’s 2022 victory, targeted not only the “shield project” but also a proposed legislative amnesty that could potentially benefit former President Jair Bolsonaro, who was recently convicted of insurrection and sentenced to 27 years in prison.
President Lula Da Silva, speaking from New York during the United Nations General Assembly, called the project’s fate “what it deserved” and labeled it a “national disgrace.”
Senate’s Decision and Reactions
The Senate definitively rejected and archived the amendment on Wednesday, according to its president, Davi Alcolumbre. He praised his colleagues for their courage in addressing a topic that had mobilized society.
Senator Alessandro Vieira, who proposed rejecting the project, warned that the shield would transform Congress into “a safe haven for all sorts of criminals.”
Impact on Bolsonaro and Future Legal Proceedings
Following the protests, the proposed amnesty that could benefit Bolsonaro also lost momentum in Congress. Instead of full pardon, several lower house members anticipate a “dosimetría” law to reduce penalties for bolsonaristas convicted in the January 2023 insurrection against public institutions in Brasilia.
The relator of the initiative, Deputy Paulinho da Força, stated that the project should benefit everyone, including Bolsonaro. However, bolsonarist lawmakers continue to push for a “broad and general” amnesty.
Currently, Brazil’s Supreme Court only needs to inform Congress if a legislator is implicated in a crime. If the shield had passed, it would have frozen around thirty ongoing cases before the Supreme Court against 108 of the 594 legislators, according to a count by O Estado de S. Paulo newspaper.
Some of these cases involve legislators aligned with Bolsonaro, suspected of spreading misinformation on social media. The bolsonarist faction accuses Supreme Court judges of persecuting their leader and colleagues.
The Supreme Court is currently investigating Deputy Eduardo Bolsonaro, Jair’s son, for allegedly encouraging U.S. interference in his father’s case.
Key Questions and Answers
- What was the proposed constitutional amendment about? It aimed to expand parliamentary immunity, requiring Congress’s secret vote authorization for criminal prosecution or arrest of any member.
- Why was there public backlash against the proposal? Critics argued it would protect corrupt legislators and enable criminal activities, leading to massive protests across Brazil.
- Who could have potentially benefited from the proposed amnesty? Former President Jair Bolsonaro and his supporters, some of whom are currently facing legal consequences for their roles in the January 2023 insurrection.
- What is the alternative being considered instead of full amnesty? A “dosimetría” law to lessen penalties for bolsonaristas, rather than a broad and general amnesty.
- What legal issues is the Supreme Court currently handling related to this controversy? Investigations into Deputy Eduardo Bolsonaro for allegedly seeking U.S. interference in his father’s case and ongoing cases against legislators suspected of spreading misinformation.
