Immunity

Federative Republic of Brazil

Brazil - Constitution 1988 (2019) EN

TITLE III The Organization of the State
CHAPTER III The Federated States
Article 26.
Paragraph1. The term of office of the state deputies shall be four years and the provisions of this Constitution shall be applied to them in what refers to the electoral system, inviolability, immunities, remuneration, loss of office, leave of absence, impediments, and incorporation into the Armed Forces.

TITLE IV The Organization of the Powers
CHAPTER I The Legislative Power
SECTION V Deputies and Senators
Article 53
Paragraph8. The immunities of deputies and senators shall be maintained during a state of siege and may only be suspended by the vote of two‚Äźthirds of the members of the respective House, in the case of acts committed outside the premises of Congress, which are not compatible with the implementation of such measure.

Rome Statute

Article 98 Cooperation with respect to waiver of immunity and consent to surrender

1. The Court may not proceed with a request for surrender or assistance which would require the requested State to act inconsistently with its obligations under international law with respect to the State or diplomatic immunity of a person or property of a third State, unless the Court can first obtain the cooperation of that third State for the waiver of the immunity.

2. The Court may not proceed with a request for surrender which would require the requested State to act inconsistently with its obligations under international agreements pursuant to which the consent of a sending State is required to surrender a person of that State to the Court, unless the Court can first obtain the cooperation of the sending State for the giving of consent for the surrender.