Open Access Research Article

PARLIAMENTARY IMMUNITY IN THE INTER-AMERICAN SYSTEM: THE (UN)CONVENTIONALITY OF THE “IMMUNITY AMENDMENT” IN LIGHT OF THE CASE OF MÁRCIA BARBOSA DE SOUZA V. BRAZIL

Author(s):
MARINA SOARES DA FONSÊCA THIAGO OLIVEIRA MOREIRA
Journal IJLRA
ISSN 2582-6433
Access Open Access
Volume 3
Issue 6
DOI https://www.doi-ds.org/doilink/09.2026-27157433/PARLIAMENTARY IMMUNITY IN THE INTER-AMERICAN SYSTE
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Abstract

Abstract
Parliamentary immunity is a constitutional mechanism intended to safeguard the independence of legislative representatives and the proper functioning of democratic institutions. However, when extended to ordinary criminal proceedings unrelated to the exercise of legislative functions, it may operate as a mechanism of impunity and undermine access to justice. This article examines the (un)conventionality of the Brazilian “Immunity Amendment” (PEC da Blindagem) in light of the standards established by the Inter-American System for the Protection of Human Rights, with particular emphasis on the case of Márcia Barbosa de Souza et al. v. Brazil. The study adopts a qualitative, exploratory, and analytical approach, based on bibliographic and documentary research and on the analysis of Inter-American and Brazilian legal sources, including decisions and reports of the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights, as well as constitutional provisions and legislative proceedings concerning parliamentary immunity. The analysis demonstrates that the requirement of prior legislative authorization for the criminal prosecution of parliamentarians, as proposed by the PEC, reproduces a mechanism previously identified by the Inter-American system as an obstacle to access to justice and accountability. In particular, such a mechanism raises concerns under Articles 8 and 25 of the American Convention on Human Rights, concerning due process and effective judicial protection, respectively. The study concludes that the expansion of parliamentary immunity beyond its institutional purpose is incompatible with the inter-American human rights framework and may constitute a form of institutional regression. Accordingly, constitutional prerogatives must be interpreted in accordance with international human rights obligations, ensuring that parliamentary independence does not become a shield against judicial accountability or a source of structural impunity.

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Author Details

Authors: MARINA SOARES DA FONSÊCA & THIAGO OLIVEIRA MOREIRA
Registration ID: 1013173 | Published Paper ID: IJLRA13173 & IJLRA13174
Year: Sep-2026 | Volume: 3 | Issue: 6
Approved ISSN: 2582-6433 | Country: Delhi, India
Page No.: 949-964

Article Information

PARLIAMENTARY IMMUNITY IN THE INTER-AMERICAN SYSTEM: THE (UN)CONVENTIONALITY OF THE “IMMUNITY AMENDMENT” IN LIGHT OF THE CASE OF MÁRCIA BARBOSA DE SOUZA V. BRAZIL

Authors: MARINA SOARES DA FONSÊCA, THIAGO OLIVEIRA MOREIRA

  • Journal IJLRA
  • ISSN 2582-6433
  • Volume 3
  • Issue 6
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International Journal for Legal Research and Analysis

  • AbbreviationIJLRA
  • ISSN2582-6433
  • AccessOpen Access
  • LicenseCC 4.0

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