RIBEIRO, A. R. R.; RIBEIRO, Anderson Rafael Rocha.
Résumé:
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
