Uma análise jurídica acerca do caso Daniele Silveira: inconstitucionalidade do decreto de concessão de perdão da pena e imunidade parlamentares.

Abstract

The extensive problem in Brazil with regard to constitutionality when affirming itself as a quality of what is constitutional, that is, that is in accordance with the formal and material precepts of the Constitution and of an international act equivalent to a constitutional amendment. The verification of the constitutionality of a proposition is carried out in a Legislative House by a permanent committee or specially designated for this purpose. And what is referred to as unconstitutionality when it occurs due to the matter dealt with contradicting the principles or violating the fundamental rights and guarantees guaranteed in our Federal Constitution. There is a divergence between the constitutional paradigms in the case of federal deputy Daniel Silveira of the decree granting pardon with the parliamentary immunity that he acquired when he became deputy. Thus, the aforementioned course conclusion work is fundamentally concerned with analyzing the perspectives of the case in a constitutional and unconstitutional way of granting pardon and parliamentary immunity. The methodology applied to this research was based on the deductive approach method, which is a structure of logical thinking that allows testing the validity of existing information, starting from a general analysis to a specific point, still using the techniques of bibliographic research and documentary. In this way, it is possible to verify that the work intends to approach the principles of due process of law, which presents itself as the principle in which the process must have all stages and if these stages are not observed, the process becomes null, the hermeneutics of the law in its broad and narrow sense, integration and application in which it aims to focus on a certain legal relationship, clearly and accurately identifying the rule established by the legislator and which must be applied to the specific case.