A irresponsabilidade civil do estado por falas de parlamentares: uma análise do RE n.º 632.115/CE

Abstract

This study examines the regulation of the State's civil liability in cases involving speeches by parliamentarians, particularly analyzing Extraordinary Appeal No. 632.115/CE, which established a precedent set by the Supreme Federal Court on the subject. The objective is to understand the concepts of material immunity, related to the speeches of the agents in question, and the State's civil liability, which are the essential core of the issue under consideration, culminating in an application of knowledge related to the themes and the establishment of an understanding of the dilemma. To this end, the research methodology employed is bibliographic research, with analysis of books, doctrines, and scientific articles, in addition to the assessment of legal and constitutional content, along with jurisprudential analysis, conducted both qualitatively and quantitatively, in order to provide a greater understanding of the subject. In conclusion, it is found that the State is not liable for the speeches of parliamentarians, whether or not they are covered by immunity, but that congressmen, if the scope of the constitutional protection institute is disregarded, are personally liable for any damages caused by their speeches. Therefore, it is concluded that material immunity constitutes a constitutional exclusion of the State's civil liability, while preserving the subjective liability of the agent causing the damage, as a way to safeguard the system of the democratic legal order.