The Supreme Federal Court (STF) forms a majority that only the Court can authorize searches in Congress and in the properties of parliamentarians.

The Supreme Federal Court formed a majority on Monday, the 22nd, to establish that the Court has exclusive jurisdiction to authorize search and seizure operations in the National Congress and on the official properties of members of Congress. So far, six justices have voted in favor: the reporting judge, Cristiano Zanin, and Alexandre de Moraes, Gilmar Mendes, Flávio Dino, Dias Toffoli, and Cármen Lúcia.

The ruling prohibits lower court judges from ordering investigative measures in these spaces, even if the direct target of the investigation is not a member of parliament. The Supreme Court's virtual plenary session remains open until Friday the 26th, the deadline for the remaining justices to cast their votes.

Rapporteur Cristiano Zanin argued that the Supreme Court's jurisdiction stems from the direct or indirect impact of searches on the performance of parliamentary duties. "It is implausible to imagine that a search and seizure carried out in a senator's office—even if aimed at investigating the conduct of an aide—would not ultimately uncover information and data directly related to parliamentary activity," he stated.

In the judgment, the ministers also rejected the requirement for prior authorization from the Speaker of the House or Senate for warrants to be served within the Legislative Houses.

The analysis comes at a time of heightened tensions between Congress and the Supreme Federal Court. Last week, the Chamber of Deputies approved the Shielding Amendment (PEC) , which seeks to transfer to the Legislature the power to authorize prosecutions against members of Congress, while the far-right is pushing for amnesty for the January 8, 2023, coup plotters. The advancement of the proposals sparked protests in several capitals on Sunday, the 21st.

The case under review dates back to 2016, when the Senate's Executive Board questioned the legality of Operation Métis, authorized by the Federal Court in Brasília and which investigated an alleged counterintelligence scheme by the Legislative Police to disrupt the Lava Jato investigation. The operation was ultimately shelved, but paved the way for the ruling now consolidated by the Supreme Federal Court.