Supreme Court defies lawmakers’ push for impunity

Brazil’s Supreme Court has reached a majority to affirm that only the court itself can authorize search-and-seizure operations inside Congress or at lawmakers’ official residences. The ruling comes amid mounting tensions between the judiciary and a legislature determined to shield itself from accountability.

The case originated in 2016, when the Senate challenged the legality of Operation Métis, a Federal Police probe into alleged Legislative Police counterintelligence activities to obstruct anti-corruption investigations. Though the operation was later shelved, the Senate’s complaint gave rise to a dispute over whether lower-court judges could order raids of legislative offices.

The majority rejected the idea that the heads of each chamber must approve raids. In his opinion, Justice Alexandre de Moraes emphasized that judicial oversight is an essential check on Brazil’s democracy. “The independence of the branches of government also guarantees the judiciary’s ability to impose coercive measures on lawmakers, including raids of offices and residences, as long as prerogatives are respected,” he said.