A (in)efetividade do instituto do foro especial por prerrogativa de função analisada sob o prisma político-jurídico

Abstract

Impunity and the need for structural changes in the public sphere, especially in the political and legal environment, are central issues of great discussions in the various niches of Brazilian society. In this context, the institute of the Special Forum by Function Prerogative stands out, subject of much controversy due to the recent events in the country. This institute, established in the Federal Constitution of 1988, is based on the competence of the court in the process to be defined by reason of the function occupied by the person being judged, with the purpose of providing a greater protection to the position occupied by a certain individual. Thus, those who occupy such positions, enjoy the competence ratione personae due to the position they occupy, and will be judged by a judicial body hierarchically superior to the first instance. However, there are still doubts about the effectiveness of the institute. The aim of this study is to analyze and understand the effectiveness of the Special Forum institute by function prerogative, from the political-juridical point of view. In the methodology, the method of dialectical approach and the method of monographic and statistical analysis, together with bibliographic and documentary research techniques. It was found that the Special Forum by Functional Privilege does not serve its purposes. It is concluded, therefore, that the institute is ineffective in its exercise, since the courts responsible for the trials of persons who have the prerogative of the forum do not have the necessary structure to carry out the procedural instruction, in addition to the numerous changes of political posts and a large number of positions that have the prerogative of the forum, thus preventing the regular processing of cases, which leads to impunity.