DTQ 16 PEC 3/2021 | Secret Votes - Shielding Amendment

In the analysis of Proposed Constitutional Amendment No. 3/2021, which deals with the expansion of parliamentary prerogatives, the NOVO party presented a separate voting motion (DTQ 8), with the objective of removing from the final text the expression "the National Presidents of political parties with representation in the National Congress" , which had been included to extend the typical prerogatives of parliamentarians (such as privileged jurisdiction and immunity) also to these party leaders.

Including this category among those entitled to constitutional prerogatives represents an unacceptable institutional distortion that unjustifiably expands legal and political protection within the Brazilian party system.

Why the Ranking of Politicians opposes the inclusion of party presidents in parliamentary prerogatives:

Improper and disproportionate protection

Party presidents are not elected representatives with a direct popular mandate. Extending prerogatives to them such as privileged jurisdiction or protection against precautionary measures violates the republican principle of equality before the law and creates a disproportionately protected ruling caste.

Worsening disconnect between voters and the political system.

The Brazilian political system already faces high levels of distrust and disconnect between voters and parties. Creating new privileges for party leaders reinforces the perception that politics functions to benefit the few, undermining the legitimacy of institutions.

Risk of misuse of party structures

Party presidents control election nominations, TV time, campaign funds, and coalitions. Granting them extra immunities could encourage the use of the party machine as a shield for private interests or protection against investigations.

Misuse of constitutional power

Parliamentary prerogatives exist to protect the free exercise of the popular mandate, not to shield party bureaucracies. Their undue extension distorts the original constitutional logic and unjustifiably expands spaces for impunity.