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Understand the Protective PEC and the Changes in the Rules of Privileged Forum and Precautionary Measures Affecting Deputies and Senators.
The Chamber of Deputies approved, last Tuesday (09/16/25), the Protective PEC, a proposal that amends the Constitution and redefines the rules for investigations and criminal proceedings against legislators.
The text brings changes regarding privileged forum, the application of precautionary measures, and prior authorization from the House for opening actions.
The measure, advocated by the Centrão and supported by leaders in the Chamber, generated intense debate by expanding guarantees for deputies and senators.
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What the Protective PEC Changes
The Protective PEC seeks to restore a scenario similar to that which existed before 2001, when the Constitution required prior authorization from the Legislative to initiate criminal proceedings against legislators.
In practice, the proposal may reduce the autonomy of the judiciary in progressing with investigations.
According to the President of the Chamber, Hugo Motta (Republicanos-PB), the change “strengthens parliamentary activity and was defended by the majority of the leaders’ college representation.”
The vote received significant support from party blocs, especially from the Centrão.
Privileged Forum in Focus
The privileged forum, also known as forum by prerogative of function, ensures that public authorities are judged in higher courts, without going through the first instance of the judiciary.
Currently, this rule applies to positions such as President of the Republic, ministers of courts, governors, senators, and federal deputies.
In practice, this means that a legislator accused of a common crime will be judged directly by the Supreme Federal Court (STF), unlike ordinary citizens.
In recent years, the STF has limited the scope of the forum, determining that only cases related to the exercise of the mandate remain in the court. Still, the PEC reignites the discussion about possible privileges and shielding.
Precautionary Measures from a New Perspective
Precautionary measures are temporary restrictions on rights imposed by the judiciary during investigations. They may include removal from office, use of electronic bracelets, or prohibition of contact with certain individuals.
Since 2017, the STF has authorized the application of these measures to legislators, although the Legislative House has the final word if the decision prevents the exercise of the mandate.
With the approval of the PEC, the tendency is for these rules to become more restrictive, increasing the need for the participation of the Chamber or the Senate in deliberations regarding measures applied to their members.
Criminal Proceedings and the Role of the Legislative
Before 2001, deputies and senators could only respond to criminal proceedings with prior authorization from the House.
This requirement was removed with the Constitutional Amendment approved that year, allowing allegations from the Public Prosecutor’s Office to be analyzed directly by the Supreme Court.
The Protective PEC intends to reverse this progress. If confirmed in the Senate, the Legislative will again have veto power over the opening of actions against legislators, which experts point out as a setback in transparency and the fight against corruption.
