Congress discusses 11 projects to change privileged forum – 04/07/2024 – Panel

Currently under discussion by the STF (Supreme Federal Court), the change in the privileged forum is also debated in the National Congress. There are 11 projects in progress that change the forum’s rules, most of them to restrict the power of the Judiciary over parliamentarians.

There are 8 being processed in the Chamber and 3 in the Senate. One of the toughest comes from deputies Delegado Ramagem (PL-RJ) and Bia Kicis (PL-DF).

It limits the conclusion of open inquiries to investigate politicians to 90 days. It also determines that “wide publicity” be given to the evidence collected in the investigation. The motivation of Bolsonaro parliamentarians is to prevent investigations such as the digital militias, currently underway at the STF, from continuing indefinitely.

The project also says that in the event of loss of jurisdiction by authorities (such as parliamentarians), the investigation will move to the first instance.

Another proposal in progress, from deputy Sóstenes Cavalcante (PL-RJ), follows a similar line, with the setting of a deadline for the conclusion and judgment of inquiries, processes and procedures that involve parliamentarians in the exercise of their mandate.

In the Senate, a project by Mauro Carvalho Jr. (União-MT) makes the arrest of authorities subject to a statement from the Public Prosecutor’s Office and says that they must be authorized by the courts, excluding decisions from the first instance.

Another proposal, signed by a group of 16 senators from different parties, allows authorities to give up their privileged forum. The idea is that this can serve as a stimulus for more equal treatment before the courts and help in the fight against corruption.

For criminalist Sérgio Rosenthal, there is a risk of distorting the forum instrument.

“The privileged forum is intended to protect the public function, preventing justice from becoming an instrument of persecution. It was not created to prevent or hinder the application of the law”, he states.

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