ANDRADE, J. M. A.; ANDRADE, Jéssica Maria Almeida de.
Abstract:
The prerogative of the forum has appeared in the Brazilian legal system since the Imperial Constitution, and, throughout the constitutional history of Brazil, has widened greatly. However, it was with the 1988 Federal Constitution that it gained greater breadth, with the purpose of guaranteeing to certain public agents independence and the free exercise of their functions, as well as granting them exemption in judgments. As a result of its prediction in the Magnum Letter, the prerogative of the forum also appears in other infraconstitutional devices. Its current situation, however, has given rise to several reactions from civil society and raised legal debates. In the present work, the aim was to deepen the study on the subject, discussing its ineffectiveness and the prospect of possible violation of the principles of dual jurisdiction and equality. In addition, without the intention of exhausting the theme, it has the scope to present the main arguments to explain the inefficiency in the system of judgment when there is prerogative of forum and its relation with impunity. Finally, it discusses the need for revision of the institute under analysis. It is concluded that there is a need for changes in the prerogative of the forum, restricting its scope, since, given the number of authorities and offenses covered by the prerogative and of inefficient jurisdictional provision in the judgment of cases in which there is a special forum, among other reasons, the said institute has become a privilege for its holders, contrary to the principle of equality, causing impunity and distorting democratic institutions before the population. For the preparation of the present study, we used the deductive methods of approach, exegetical-legal and historical-evolutionary. As for research techniques, bibliographical and documentary research was used in books, journals, articles, ongoing processes and jurisprudence.
