Do foro especial por prerrogativa de função: um estudo sobre a PEC nº 10/2013 e a iminente extinção do foro especial para crimes comuns

Abstract

The superior courts’s prerogative over agencies and agency decisionmakers is a special criterion for establishing court’s jurisdiction originated from the legislator's alleged intention to protect senior government officials. There are several criticisms that have been made against this institute, for example, that it violates the principle of isonomy and corroborates with the growing impunity of the brazilian authorities. Amidst the discontent of laymen and jurists with this special rule, emerges the Proposal of Amendment to the Constitution nº 10/2013, which is pending before the Federal Senate, with a view to abolishing the prerogative of function in case of common crimes. Faced with the imminent redistribution of criminal jurisdiction for the trial of authorities that are part of the structure of the State, there is a need to study the institute of prerogative of function, beginning with the search for its origins in the fourth century before Christ. Established the bases of this special jurisdiction, its contours in the current legislation are outlined, and then, the modifications intended by the Proposal of Amendment to the Constitution are pointed out. Last, it is presented the position of diverse doctrinators before the subject.