Foro por prerrogativa de função: sinônimo de impunidade.

Abstract

The scientific research now documented treats of the forum for function prerogative as synonym of the impunity that favors their addressees, for the that approaches that negative aspect as being the main consequence advent of the application of that criterion of determination of the competent judgement for the Brazilian juridical ordainment. The main objective of the proposed theme is to show as the application of that institute for the procedural systematic homeland i f incoherent and unjust prefab and that his/her validity increases the daily impunity sensation and the discredit of the Judiciary Power before the society. The work was written in three chapters us which she turn concerning the function prerogative, of the beginning of the equality and of the problem that involves the theme, everything with the aim of knowing i f there is insult to the beginning of the equality in the current handling of the referred institute. The methods used in the materialization of the study were the bibliographical, the exegetic-juridical and the historical-evolutionary. The relevance of the investigation is noticed starting from the verification of countless crimes and misdemeanors that, being committed by the forum holders by function prerogative, they don't receive the due punishment. Like this, the following problem is had: Does the forum for function prerogative hurt the beginning of the equality? And the following hypothesis: Yes, put that a Democratic State of Right, just as Brazil, it should propitiate the good to be social in a collective way, and the forum for function prerogative is configured, in the current molds, just a middle of favoring their beneficiaries' impunity. As result, is pointed for the need of to modify or to purge of the Brazilian juridical ordainment that species of criterion determinative of the competent forum, so that all of the jurisdictional can answer for their mistakes with the full observance of the beginning of the equality.