Constitutional Amendment of Shielding

Proposed amendment to the constitution of Brazil From Wikipedia, the free encyclopedia

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]

Territorial extentBrazil
Passed17 September 2025
ConsideredbyFederal Senate
Quick facts Brazilian National Congress, Territorial extent ...
Constitutional Amendment of Shielding
Plenary of the Chamber of Deputies during the constitutional amendment voting.
Brazilian National Congress
  • Amends articles 14, 27, 53, 102 and 105 of the Federal Constitution, to provide for parliamentary prerogatives and other measures.
Territorial extentBrazil
Passed byChamber of Deputies
Passed17 September 2025
Considered byFederal Senate
Legislative history
Initiating chamber: Chamber of Deputies
Bill titleConstitutional Amendment Bill no. 3 of 2021
Bill citationPEC 3/2021
Introduced byDep. Celso Sabino (PSDB-PA)
Introduced24 February 2021
Second reading16 September 2025
Passed16 September 2025
Voting summary
  • 344 voted for
  • 133 voted against
  • 36 absent
Revising chamber: Federal Senate
Bill titleConstitutional Amendment Bill no. 3 of 2021
Bill citationPEC 3/2021
Received from the Chamber of Deputies17 September 2025
Committee responsibleConstitution, Justice and Citizenship
Considered by the Constitution, Justice and Citizenship Committee24 September 2025 (rejected, None voted for, 26 voted against)
Status: Rejected in committee by the Federal Senate
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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]

History

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 Cláudio Cajajado (PP-BA), report of the bill designated by Hugo Motta

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.

More information Vote to pass the amendment bill, First ballot ...
Vote to pass the amendment bill
First ballot 16 September 2025
Required majority 308 out of 513 (60%)
Yes
353 / 513
No
134 / 513
Abstentions
1 / 513
Absentees
25 / 513
Source:[24]
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More information Vote to pass the amendment bill, Second ballot ...
Vote to pass the amendment bill
Second ballot 16 September 2025
Required majority 308 out of 513 (60%)
Yes
344 / 513
No
133 / 513
Abstentions
0 / 513
Absentees
36 / 513
Source:[24]
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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]

More information Vote to pass the agglunative amendment bill, Second ballot ...
Vote to pass the agglunative amendment bill
Second ballot 17 September 2025
Required majority 308 out of 513 (60%)
Yes
314 / 513
No
168 / 513
Abstentions
0 / 513
Absentees
31 / 513
Source:[26]
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More information Party, Votes ...
PartyVotes%Seats
ForAgainst
Liberal Party8517.63850
Workers' Party6513.49857
Brazil Union5311.004310
Progressistas489.96462
Republicans449.13431
Social Democratic Party398.091821
Brazilian Democratic Movement347.05277
Podemos173.53143
Brazilian Socialist Party163.32313
Democratic Labour Party153.11411
Socialism and Liberty Party142.90014
Brazilian Social Democracy Party132.7076
Communist Party of Brazil91.8709
Avante71.4561
Solidariedade51.0441
Democratic Renewal Party51.0441
New Party40.8304
Green Party40.8304
Cidadania40.8322
Sustainability Network10.2101
Total482100.00314168
Registered voters/turnout513
Source: [27]
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Votes cast by members

All Chamber members of the 57th Legislature that voted against party lines are noted here.

More information Member, Party ...
Member Party State First ballot Second ballot Amendment
Alex Santana Republicanos Bahia No No Yes
Aliel Machado PV Paraná Yes Yes No
André Figueiredo PDT Ceará Yes Yes No
Any Ortiz Cidadania Rio Grande do Sul Yes Yes No
Augusto Rosa PL São Paulo No No Yes
Bacelar PV Bahia Yes Yes No
Dagoberto Nogueira PSDB Mato Grosso do Sul No No Yes
Danilo Forte UNIÃO Ceará Yes Yes No
Danrlei Hinterholz PSD Rio Grande do Sul Yes Yes No
David Soares UNIÃO São Paulo Yes Yes No
Duda Ramos MDB Roraima Yes Yes No
Emidinho Madeira PL Minas Gerais No No Yes
Eriberto Medeiros PSB Pernambuco Yes Yes No
Fábio Teruel MDB São Paulo Yes Yes No
Fernando Máximo UNIÃO Rondônia Yes Yes No
Flávio Nogueira PT Piauí Yes Yes No
Florentino Neto PT Piauí Yes Yes No
Francisco Costa PT Piauí Yes Yes No
Gervásio Maia PSB Paraíba Yes Yes No
Gilson Daniel PODE Espírito Santo No No Yes
Gilson Fahur PSD Paraná Yes Yes No
Henderson Pinto MDB Pará Yes Yes No
Ismael dos Santos PSD Santa Catarina Yes Yes No
João Bacelar PL Bahia No No Yes
João Daniel PT Sergipe No No Yes
Jonas Donizette PSB São Paulo Yes Yes No
Jonildo Assis UNIÃO Mato Grosso Yes Yes No
Júlio Cesar Lima PSD Piauí Yes Yes No
Julio Cesar Ribeiro Republicanos Federal District Yes Yes No
Luciano Bivar UNIÃO Pernambuco Yes Yes absent
Lucio Mosquini MDB Rondônia No No Yes
Luiz Fernando Faria PSD Minas Gerais Yes Yes No
Luiz Philippe of Orléans-Braganza PL São Paulo No No Yes
Márcio Honaiser PDT Maranhão Yes Yes No
Marcos Aurélio Sampaio PSD Piauí Yes Yes No
Marcos Soares UNIÃO Rio de Janeiro Yes Yes No
Marcos Tavares PDT Rio de Janeiro Yes Yes No
Mauro Benevides Filho PDT Ceará Yes Yes No
Meire Serafim UNIÃO Acre Yes Yes No
Mendonça Filho UNIÃO Pernambuco Yes Yes No
Merlong Solano PT Piauí Yes Yes No
Mersinho Lucena PP Paraíba No No Yes
Miguel Lombardi PL São Paulo Yes Yes No
Pauderney Avelino UNIÃO Amazonas Yes Yes No
Paulo Folletto PSB Espírito Santo Yes Yes No
Pedro Aihara PRD Minas Gerais Yes Yes No
Pedro Campos PSB Pernambuco Yes Yes No
Rafael Fera PODE Rondônia Yes Yes No
Renilce Nicodemos MDB Pará Yes Yes No
Ricardo Maia MDB Bahia Yes Yes No
Robério Monteiro PDT Ceará Yes Yes No
Roberto Duarte Republicanos Acre Yes Yes No
Rodrigo Estacho PSD Paraná Yes Yes No
Stefano Aguiar PSD Minas Gerais No No Yes
Thiago Flores Republicanos Rondônia No No Yes
Valmir Assunção PT Bahia No No Yes
Weliton Prado Solidarity Minas Gerais No No Yes
Zé Silva Solidarity Minas Gerais No No Yes
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Aftermath

Protests

Protest against amnesty and the Shielding Bill in Copacabana, Rio de Janeiro.

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]

Protest on Paulista Avenue, São Paulo.

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

Electronic voting panel of the commission showing the unanimous result.

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]

More information Vote to reject the amendment bill, Ballot ...
Vote to reject the amendment bill
Ballot 24 September 2025
Required majority 14 out of 27 (51%)
Yes
26 / 27
No
0 / 27
Abstentions
0 / 27
Not voting
1 / 27
Source:[42]
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The 26 senators members and surrogates of the commission are the following:

References

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