Dialogue between Legislative and Judicial Powers: criminal precautionary measures on federal congressmen

Abstract

This article focuses on the relationship between the legislative and judicial powers. The study was developed under the principles of separation, independency and harmony between those powers, covering the constitutional and criminal disciplines. Based on the normative, doctrinal and jurisprudential research on these principles, it examines, from a critical perspective, the possibility of the judicial power to impose criminal precautionary measures on federal parliamentarians, especially considering the recent interpretative position of the Supreme Court on that matter. The study conclusions defend the possibility of pre-trial detention and other criminal precautionary measures envisaged in the legal system, conditioned upon the submission of the case records to the respective legislative house when the measure impacts, directly or indirectly, on the regular exercise of the parliamentary mandate.