Até onde vai o direito de fala de um parlamentar?
A democracia brasileira é de história recente. A transição da ditadura para ela seguiu o curso estabelecido pelos próprios dirigentes do antigo regime: “lenta, gradual e segura”. Tendo sido estabelecido um pacto social entre as forças políticas do antigo regime e da Nova República, a Constituição brasileira não incorporou expressamente dispositivo que proibisse pessoas que participaram de atos ditatoriais ou que defendam a ditadura ocupem cargos públicos. O caso Daniel Silveira, objeto do Inquérito 4781-DF, em curso no Supremo Tribunal Federal, abre uma discussão para as quais não havia anterior resposta jurisprudencial: a imunidade material de um congressista permite que defenda atos contra a própria democracia? Com base em análises históricas, doutrinas e filosóficas, propõe-se uma solução constitucionalmente adequada para o tema, à luz do chamado princípio da democracia militante”.
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