PAIVA, G. H. Q. M.; PAIVA, Guilherme Henrique Queiroz Maciel de.
Résumé:
With unquestionable importance for democracy parliamentary activity, the legislature is a power responsible for overseeing the others, members of parliament were employed by the constituent, immunity to solidify their independent political action to shield from persecution to punish their political performance by others. powers. The research aims to analyze the institute of parliamentary immunities, present in the constitutional text, as a doctrinal approach, passing through its historicity, purpose and objectives. From this approach the following problematization is pointed out for the research: The limiting precept of the precautionary arrests to deputies and senators is in line with the constitutional order in force, it is privileges or guarantee for the maintenance of the democratic order. Does the prohibitive detention of Deputies and Senators fit in with the essence of the constitutional system or do they serve only to privilege their holders? As a hypothesis, one has a negative answer, because privileges fall on the natural person, not being confused with immunities that are associated with the parliamentarian, with the end of performance in the congress these will cease. Thus, after careful study of the institute, based on judgments, doctrine and comparative law, it is not up to the Judiciary to create laws, but to interpret them, if the interpretation must have as parameter the current legal system. depart from what the law determines to decide what the judge understands or does not moral. Thus, the present scientific research aims to analyze the Precautionary Action that resulted in the removal of Senator Aécio Neves from the mandate, in the precautionary measures determined. In order to achieve this general objective, the deductive method is used as the method of approach and as the method of procedure the evolutionary history; as research techniques bibliographic research and indirect documentary research.
