LIBERDADE DE EXPRESSÃO E IMUNIDADE PARLAMENTAR À LUZ DA HERMENÊUTICA CONSTITUCIONAL

uma breve análise da condenação do Deputado Federal Daniel Silveira

Abstract

This work intends to present one of the most recent legal controversies in Brazil, on the right to freedom of expression and parliamentary immunity, established within the scope of the Federal Supreme Court, with a view to opposing ideas to the constitutional order and the rule of law, from a brief analysis of the Penal Action (AP: 1044/DF), and the debate established between jurists, Regis Silva and César Mariano, in order to present and situate different argumentative positions. This study is divided into two parts: a jurisprudential and bibliographical review, in order to contribute to the legal argumentation in the light of constitutional hermeneutics and the institute's teleological interpretation technique, in relation to inviolability, legitimacy, and immunity. The objective of this work is to identify the limits brought by the Magna Carta, according to the thought of José Rocha.