Congress moves to curb Supreme Court after Lower House unrest

Cited as a chief broker of the deal that dismantled the pro-Bolsonaro uprising, former Speaker Arthur Lira was involved in similar initiatives when he previously led the Lower House. The first proposals emerged in the wake of the 2021 arrest of former congressman Daniel Silveira.

One bill, introduced by pro-Bolsonaro lawmaker Soraya Santos, would have required that any lawmaker arrested be brought to the Lower House along with the arrest records. Both the records and the detainee would be held in custody by the Constitution and Justice Committee until the full House decided on the arrest. The proposal failed to advance and was shelved.

Around the same time, then-congresswoman Celina Leão, now the vice governor of the Federal District (Brasília), introduced a bill to prevent the same judge from overseeing both an investigation and the resulting criminal trial. “This seeks to give such proceedings the accusatory nature required by our Constitution, ensuring that the impartiality of the judge is not mere fiction,” she argued. That proposal also failed to advance.

In October of last year, under Mr. Lira’s leadership, the House attempted to revive what became known as the “anti-Supreme Court package,” which included two constitutional amendments. One would have allowed Congress to suspend Supreme Court rulings; the other would have limited the ability of justices to issue injunctions acting alone.

Both proposals cleared the Constitution and Justice Committee but stalled thereafter. At the time, Justice Gilmar Mendes called the initiatives “a disgrace.” Tensions between the branches of government had already been mounting, particularly amid demands for greater transparency in the execution of parliamentary budget allocations.

A lawmaker who attended the meeting that sealed the deal to vacate the House floor said the prevailing view was that the political environment had left the Supreme Court more vulnerable, creating a new opening to push measures that would shield legislators.

The U.S. government’s sanctions on the court—including the revocation of visas for eight justices and the application of the Magnitsky Act to Justice Alexandre de Moraes—are also seen as a sign of weakness. Added to that are criticisms from various sectors of society over what some view as Justice Moraes’s excesses in handling the investigation against former president Jair Bolsonaro.

“We have the word of five leaders, representing 261 lawmakers, that the House, united, will consider a proposal to restore the moral standing of the Brazilian parliament,” one participant said.

The immediate goal is to swiftly approve a constitutional amendment changing the rules on parliamentary immunity. The current draft, which could benefit dozens of lawmakers under Supreme Court investigation for irregularities in budget allocations, is expected to be amended on the floor, potentially ensuring that such cases are transferred not to lower courts but to the Federal Regional Courts, one level above.

Weakened by the uprising, Speaker Hugo Motta reiterated the widespread dissatisfaction among lawmakers with the Supreme Court, a sign he will back a renewed push for protective measures.