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STF Bars State Indemnities for Lawmakers’ Speech Covered by Parliamentary Immunity

The ruling in RE 632115 sets a binding thesis that shifts potential liability to the individual parliamentarian when conduct falls outside the constitutional shield.

Overview

  • In a virtual session, the Court unanimously decided RE 632115 under general repercussion (Tema 950), binding lower courts nationwide.
  • The justices overturned a TJ-CE order that had required the State of Ceará to indemnify a judge over statements made by a state deputy on the assembly floor.
  • Relator Luís Roberto Barroso argued that imposing objective civil liability on the State would chill criticism and risk indirect censorship of legislative debate.
  • The thesis affirms parliamentary immunity as an institutional safeguard for opinions, words and votes while denying coverage to abusive conduct detached from legislative functions.
  • Cases where speech falls outside the constitutional protection must target the parliamentarian personally under subjective civil liability, not the public treasury.