FORMAL PARLIAMENTARY IMMUNITY FROM PROSECUTION A Comparative Law Study between the Institute in Brazil and Spain

• DOI: https://doi.org/10.22533/at.ed.216552524065

• Palavras-chave: Parliamentary immunity, Comparative law, Liability, Brazil and Spain.

• Keywords: Parliamentary immunity, Comparative law, Liability, Brazil and Spain.

• Abstract:

  This study looks at formal parliamentary immunity in the legal-constitutional contexts of Brazil and Spain, highlighting its characteristics, foundations and implications for the republican system of accountability. Through a comparative analysis, it identifies similarities, such as the recognition of formal immunity as an essential mechanism to ensure parliamentary independence and protection against external interference, and differences, such as the absence of prior authorization in the Brazilian model after Constitutional Amendment 35/2001 and the requirement for reasons and the possibility of judicial control in Spanish legislative decisions. Using a theoretical framework based on doctrine, case law and normative frameworks, the article shows that Brazil still faces challenges related to the transparency of legislative decisions on suspension of proceedings, while Spain has made progress in applying judicial control over the grounds for immunity decisions. The research concludes that the adoption of mixed practices between the two systems can improve the compatibility of the institute with republican principles and international human rights commitments, promoting the normative evolution necessary to strengthen democracy without harming parliamentary accountability.