Foro por prerrogativa de função: garantia ou privilégio?

Abstract

The registered scientific research however questions the forum for prerogative of function, foreseen in the Brazilian Federal Constitution, that promises to some Brazilian authorities the right to have its judged common crimes and of responsibility in the highest Cuts of the Judiciary Power, treating the forum for function prerogative as guarantee or privilege. The main objective of this research is to show as if it carries through the application of the privileged forum for the systematics of discredit of the Judiciary Power before the society, everything with I look to know if it has confronts the beginning of the equality, in the current manuscript of the related institute. The methods used in the concretion of the study had been the bibliographical one, exegetico-legal and the evolutivo description. The relevance of the inquiry if note from the verification of frequent and spread common crimes and responsibility, committed by the detainers of the forum for function prerogative. Thus, problematic on which it falls again the research consists of evaluating if the forum for function prerogative wounds the beginning of the equality. Yes, rank that a Democratic State of Right, as Brazil, must propitiate the welfare state in collective way, and the forum for function prerogative if configure, in the current patterns, only as half to favor impunity of some Brazilian authorities. As result is pointed with respect to the necessity of the maintenance of the forum for function prerogative, however, such institute must be coats. The superior courts, swelled of processes, must search to equip themselves to obtain to fulfill the objective to process and to judge the Brazilian authorities that possess the forum prerogative, assured for the Federal Constitution, diminishing, drastically, the time of transaction of these processes, since this delay not of a due and correct impression of imparcialidade. For many the existence of the institute is about a privilege, that wounds the beginning of the Equality, and, therefore, it must be extinct. For others, one is about a guarantee so that the institutions that these authorities represent are protected.