Loss of parliamentary seat as a consequence of criminal conviction: the Brazilian Supreme Court jurisprudence

Authors

  • José Levi Mello do Amaral Júnior Faculdade de Direito da USP

DOI:

https://doi.org/10.5102/rbpp.v5i3.3633

Keywords:

prisão de parlamentares, perda do mandato, impunidade.

Abstract

This paper is related to the arrest of parliamentarians under the Brazilian Constitution of 1988 and the loss of parliamentary seat as a consequence of the final criminal conviction. The relevant constitutional provisions are not clear, are ambiguous and even confusing. Therefore, the precedents of the Brazilian Supreme Court on the subject are hesitant or contradictory, change over time and as the composition of the Court. There is also significant impact on members of local parliaments. Anyway, the important thing is that impunity has today less and less space.

Author Biography

  • José Levi Mello do Amaral Júnior, Faculdade de Direito da USP
    Professor de Direito Constitucional (USP e UniCEUB) Procurador da Fazenda Nacional Consultor-Geral da União

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Published

2016-01-05

Issue

Vol. 5 No. 3 (2015)

Section

Artigos

License

XXXX, I declare that in the event of acceptance of the unpublished article, the Brazilian Journal of Public Policy will have the copyrights relating to it. (Licence Creative Commons Attribution 4.0 International).

How to Cite

Loss of parliamentary seat as a consequence of criminal conviction: the Brazilian Supreme Court jurisprudence. (2016). Brazilian Journal of Public Policy, 5(3), 8-14. https://doi.org/10.5102/rbpp.v5i3.3633