Imunidades parlamentares: uma análise jurídica da prisão do senador Delcídio do Amaral por meio da ação cautelar: n. 4039 do supremo tributal federal.

Abstract

The legislature is one of the pillars that sustain democracy. They are forward this power, parliamentarians, which immunities conferred. The study aims to observe the systematic Parliamentary Immunities; lecture about this institute in the Brazilian Constitutional Planning, its origin, purpose and species. The study made a historical overview of the emergence of these prerogatives. Of English origin, parliamentary immunities exist in Brazil, from the Imperialist Constitution of 1824. Based on this approach, points to the following questioning for research: The absolutist tone prohibitive precept precautionary arrest of Deputies and Senators sit well as essence of the constitutional system or only serve to privilege holders? As a hypothesis, there is a negative response, having noticed, as well, after thoroughly studying the institute, based on tried, doctrine and comparative law, it is not up to the courts make laws but interpret them and this premise, nothing is absolute in essence. Thus, it is recorded that the present scientific research has as main objective to analyze the Injunction culminating, for the first time in Brazilian history, the arrest of a Senator of the Republic in term of exercise. To accomplish this goal generally is used deductive method, such as method approach and method as the historical-rolling process; as technical research the literature and indirect documentary research. Before the study, it is concluded that the institute parliamentary immunity sets as a major component of the exercise of Congress, and their presence continues integrates and mandatory. Its no incidence depends on special and exceptional condition when your application runs affront to constitutional principles and regramentos who are interconnected to ensure system integrity