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Constitutional Amendment of Shielding
Proposed amendment to the constitution of Brazil From Wikipedia, the free encyclopedia
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Constitutional Amendment Bill no. 3/2021 (popularly known as Constitutional Amendment of Shielding, Constitutional Amendment of Immunity or Constitutional Amendment of Banditry;[1][2] Constitutional Amendment of Prerogatives for supporters) was a Brazilian constitutional amendment which consists of the need for prior authorization, in a secret voting, of the Chamber or Senate for the Supreme Federal Court to prosecute a parliamentarian, whether a deputy or a senator.[3] Introduced by opposition parties, right-wing and centrão, under justification of being a response against "abuses" and allegations of persecution by the Supreme Court,[4][5][6][7] this constitutional amendment expands the protection of parliamentarians against investigations, criminal and civil lawsuits (even if they have committed serious crimes, such as manslaughter, robbery, pedophilia and domestic violence)[8] and could benefit and shield many lawmakers who are currently investigated by the Supreme Federal Court for parliamentary amends embezzlement and acting against Brazilian sovereignty.[9] Centre-right and right-wing parties, such as the Liberal Party, Progressistas, Brazil Union and Republicans, showed massive support to this bill.[10] This proposal would also institute, if passed, privilegium fori for presidents of political parties.[11] Another major risk would be members of organized crime, such as the Primeiro Comando da Capital (PCC) or Comando Vermelho (CV), entering politics with the goal of shielding themselves from investigations.[12] Recent cases, such as state deputy TH Joias (MDB-RJ), investigate for association with drug trafficking, and federal deputy Elmar Nascimento (UNIÃO-BA), investigated for embezzlement, could not happen without the authorization of their peers.[13][14][15]
Many sectors of social society and artists showed their opposition to the constitutional amendment, with many protests occurred in many Brazilian cities, with São Paulo reaching the peak of participants.[16][17] In face of the bad repercussion, many deputies apologized for voting in favor of the bill.[18]
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History
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Introduction
The bill was introduced by federal deputy Celso Sabino from the state of Pará, at the time a member of the Brazilian Social Democracy Party. The first reading occurred on 24 February 2021.
Chamber votings
On 16 September 2025, president Hugo Motta (Republicanos-PB) tabled the bill after a meeting with leaders of political parties.[19][20]
Report
Deputy Lafayette Andrada (Republicanos-MG) was the first rapporteur designated in August 2025, after the riot of opposition lawmakers against the director's boards of both congressional Houses. The obstruction aimed to press the presidencies to table Prerogatives Bill and the amnesty proposal for arrested protestors from the 8 January Brasília attacks.[21] The unblocking of both boards came after a deal made by former Chamber president Arthur Lira, an ally of president Hugo Motta. On the day the bill was tabled, Motta changed the rapporteur, designating deputy Cláudio Cajado (PP-BA), an ally of Lira.[22][23]
Plenary
Voted in two ballots, the bill was passed in the first ballot in a voting of 353–134 and the second ballot in a voting of 344–133.
Agglutinative amendment
After the voting, on the following day, leaders of political parties presented to the rapporteur a new amendment that consisted in a new version of the previous approved bill, adding the need of a secret ballot to authorize legal proceedings by the Supreme Court against Congress members.[25]
Votes cast by members
All Chamber members of the 57th Legislature that voted against party lines are noted here.
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Aftermath
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Protests
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On 21 September 2025, protests against the bill approved and against the amnesty proposal for those convicted for the 8 January attacks erupted in many cities.[28] In Copacabana, Rio de Janeiro, a protest organized by producer Paula Lavigne, gathered names such as Gilberto Gil, Caetano Veloso, Chico Buarque, Paulinho da Viola, Djavan, Frejat, Ivan Lins, Geraldo Azevedo and Maria Gadú in a concert against the amendment bill and the amnesty.[29] According to an estimate by the Political Debate Monitor of the Brazilian Center of Analysis and Planning (CEBRAP), in partnership with NGO More in Common, it was estimated a total of 41,800 people, with an error margin between 36,800 and 46,800 people.[30]
In São Paulo, the protest occurred on Paulista Avenue, with the participation of artists such as Emicida, Luiz Thunderbird, João Suplicy, Otto and Leoni, and many social movements and trade unions.[31][32] According to a CEBRAP estimate, around 42,400 people were present in the protests, at 16h06, considered a peak time of the protest, with an error margin between 37,300 and 47,500 people.[17] The capital of Minas Gerais, Belo Horizonte, registered popular gathering on Praça Raul Soares and headed towards Praça da Estação, with the presence of trade unions and local artists.[33] In Brasília, the protests took place at the Monumental Axis, with presence of artists such as Chico César and Djonga.[34][35] In Belém, which will host the 2025 United Nations Climate Change Conference (COP30), the protest took place in front of Theatro da Paz, on Praça da República, by the morning.[36] Actor Marco Nanini and artists of the city endorsed the protest.[37]
In Curitiba, around 15,000 people were present at the protests on Boca Maldita, traditional gathering place for protests in the city.[38] In Florianópolis, the protest scheduled by trade unions and left-wing parties gathered 5,000 people.[39] Porto Alegre gathered more than 15,000 people, with the protest ending on Largo Zumbi dos Palmares.[40]
Senate voting
On 24 September 2025, three days after the protests, the Federal Senate Constitution, Justice and Citizenship Commission unanimously rejected the bill. It was expected that the bill would be sent to the Senate floor, and eventually rejected, but Senate president Davi Alcolumbre (UNIÃO-AP) stated that, according to the internal statute, as the commission determined the bill's unconstitutionality, the bill would not even need to be voted on, and thus, archived it on the same day.[41]
The 26 senators members and surrogates of the commission are the following:
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References
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