Art. 53. Deputies and Senators shall enjoy civil and criminal immunity for any of their opinions, words and votes. […] § 2º From the date of their investiture, members of the National Congress may not be arrested, except in flagrante delicto for an unbailable crime. In this case, the police record shall be sent within twenty-four hours to the respective Chamber, which, by a majority vote of its members, shall decide as to the arrest. § 3º When an accusation has been received against a Senator or Deputy for a crime committed after investiture, the Supreme Federal Tribunal shall notify the respective Chamber which, by initiative of a political party represented therein and by a majority vote of its members, may, until such time as a final decision is issued, suspend the proceedings in the case. § 4º The request for a suspension shall be examined by the respective Chamber within a nonextendable period of forty-five days. § 5º The stay of proceedings shall suspend the statute of limitation for the duration of the term of office.76 60. One of the main changes introduced by EC 35/2001 was that the need for prior authorization from the respective legislative chamber for the criminal prosecution of a member of the National Congress was replaced by the possibility of the chamber suspending the criminal proceeding already in progress. In other words, prior to EC 35/2001, a criminal proceeding against a member of a legislative body could only be initiated with the prior and express authorization of said body, whereas after the entry into force of the amendment, the criminal proceeding could be initiated and processed until the legislative chamber deemed it appropriate to suspend it. 61. Article 27, paragraph 1, of the Brazilian Constitution grants state deputies the same prerogatives as federal deputies.77 62. Likewise, at the time of the facts of this case, the Constitution of the state of Paraíba contained a provision similar to that contained in the Brazilian Constitution, which has also been modified in the same terms as EC 35/2001.78 63. In addition, the Internal Rules of Procedure of the Legislative Assembly of the state of Paraíba,79 in force at the time of the facts, established the procedure to be followed in the event of a request for authorization to prosecute a deputy. Article 21 of the Rules of Procedure determined the competence of the Constitution, Justice and Drafting Committee of the Legislative Assembly (hereinafter “Constitution Commission” or “CCJR”) to issue a written opinion regarding said request for authorization.80 The procedure was initiated at the request of the President of the Court of Justice of the state of Paraíba. From that moment on, the President of the Assembly was to forward the file to the CCJR, delivering a copy of the request for authorization to the deputy so that he could present his defense within 10 days. Once the defense had been presented, the Constitution Committee was to proceed with the inquiries it deemed appropriate and, at the end of such inquiries, issue a written opinion within 10 days, concluding whether the authorization should be granted or denied.81 This opinion was then to 76 Cf. Constitution of the Federative Republic of Brazil, October 5, 1988, Article 53. Available at: http://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm. 77 Cf. Constitution of the Federative Republic of Brazil, supra, Article 27, para. 1. 78 Cf. Constitution of the state of Paraíba, October 5, 1988, Article 55. Available at: http://www2.Senate.leg.br/bdsf/handle/id/70448. 79 Cf. Internal Rules of Procedure of the Legislative Assembly of the state of Paraíba, Resolution n. 469/91 (evidence file, folios 5993 to 6090). 80 Article 21 stated that “the Standing Committees and their respective thematic fields or areas of activity are as follows: I- Constitution, Justice and Drafting Committee: […] p) authorization to prosecute a deputy […].” 81 Cf. Internal Rules of the Legislative Assembly of the state of Paraíba, Articles 227 and 229 (evidence file, folio 6071). -20-