A autorização judicial para a investigação criminal de autoridades com foro por prerrogativa de função: até que ponto o judiciário deve interferir na investigação?

Abstract

The limits and implications of judicial oversight are analyzed, particularly regarding the judicial authorization required to initiate criminal investigations against authorities with forum prerogative, considering its compatibility with the principles of the accusatory criminal procedure and its impact on procedural celerity and public trust. The specific objectives of the study are: (I) to investigate the historical evolution and legal foundations of the forum prerogative; (II) to examine the impact of this legal institute on combating impunity and ensuring the effectiveness of investigations; and (III) to discuss the jurisprudential stance on the subject, comparing the positions of the Supreme Federal Court (STF) and the Superior Court of Justice (STJ). The methodology adopted is quali-quantitative, based on bibliographic review and documentary analysis of STF and STJ jurisprudence. The findings highlight the judgment profile of the STF, which holds the understanding that judicial authorization is essential for initiating a criminal investigation. In contrast, the STJ adopts a position that mitigates the forum prerogative, allowing investigations against authorities with special jurisdiction to commence without the need for prior judicial authorization.