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Parliamentary immunity

Parliamentary immunity, also known as legislative immunity, is a system in which political leadership position holders such as president, vice president, minister, governor, lieutenant governor, speaker, deputy speaker, member of parliament, member of legislative assembly, member of legislative council, senator, member of congress, corporator, councilor etc. are granted full immunity from legal prosecution, both civil prosecution and criminal prosecution, in the course of the execution of their official duties. Advocates of parliamentary immunity suggest the doctrine is necessary to keep a check on unauthorised use of power of the judiciary, to maintain judicial accountability, and to promote the health of democratic institutions. Parliamentary privilege Legislators in countries using the Westminster system, such as the United Kingdom, are protected from civil action and criminal law for slander and libel by parliamentary immunity whilst they are in the House. This protection is part of the privileges afforded the Houses of Parliament under the Common Law (parliamentary privilege). Parliamentary immunity from criminal prosecution is not enjoyed by Members of Parliament under the Westminster system. This lack of criminal immunity is derived from the key tenet of the British Constitution that all are equal before the law. The 1988 Brazilian constitution grants parliamentary immunity to members of both the Chamber of Deputies and the Senate. Unlike other countries, Brazilian parliamentary immunity is also extended to crimes committed outside a parliamentarian's official duties (murder, theft, etc.). This does not apply for crimes committed before the member of parliament takes office. Members of parliament can be arrested only for crimes if caught at the time of the criminal act in flagrante for a crime with no possibility of bail. These arrests can be overruled by a floor vote of the particular parliament chamber that parliamentarian belongs to.

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Related concepts (4)
Parliamentary privilege
Parliamentary privilege is a legal immunity enjoyed by members of certain legislatures, in which legislators are granted protection against civil or criminal liability for actions done or statements made in the course of their legislative duties. It is common in countries whose constitutions are based on the Westminster system. In the United Kingdom, it allows members of the House of Lords and House of Commons to speak freely during ordinary parliamentary proceedings without fear of legal action on the grounds of slander, contempt of court or breaching the Official Secrets Act.
Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: Senatus), so-called as an assembly of the senior (Latin: senex meaning "the elder" or "old man") and therefore considered wiser and more experienced members of the society or ruling class. However the Roman Senate was not the ancestor or predecessor of modern parliamentarism in any sense, because the Roman senate was not a de jure legislative body.
Member of parliament
A member of parliament (MP) is the representative in parliament of the people who live in their electoral district. In many countries with bicameral parliaments, this term refers only to members of the lower house since upper house members often have a different title. The terms congressman/congresswoman or deputy are equivalent terms used in other jurisdictions. The term parliamentarian is also sometimes used for members of parliament, but this may also be used to refer to unelected government officials with specific roles in a parliament and other expert advisers on parliamentary procedure such as the Senate parliamentarian in the United States.
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