Foro especial por prerrogativa de função: uma análise à luz do princípio constitucional da igualdade e suas implicações para a justiça no Brasil

Abstract

The Special Forum by Function Prerogative is a right provided for in the Federal Constitution and establishes that certain authorities with civil service, such as the President and Vice-President of the Republic, Ministers of States, members of the National Congress and Attorney General, among others, answer for possible crimes against the public administration or society in general, before higher courts, differently from other citizens. Throughout its application, which was in force for all the constitutional charters, from the Empire Brazil to the present day, the privileged forum, as it was known and practiced in its early days, or forum by function prerogative, as it was later reconfigured, acquired a “strategic” character, which was widely used by the political class as an instrument to hinder, postpone or cancel its responsibilities on irregularities practiced in the performance of their functions and even outside them. Despite having constitutional backing, the forum by function prerogative has helped to acquit or prescribe crimes by virtually everyone involved in proceedings under the function prerogative. This article will examine the forum by function prerogative from an ethical perspective, based on the principle of equality, but also some legal implications of this institute that, despite being restricted in a recent decision of the Supreme Court, still has constitutional support and has generated much criticism in the universe of law and society in general.