O foro privilegiado em matéria penal à luz do garantismo de Luigi Ferrajoli

Abstract

This paper addresses the issue of the privileged jurisdiction from the perspective of theory of Constitutionalism Author Luigi Ferrajoli. The methodology used consisted of analysis of doctrine, refers to the legislation and national and international case law. Monograph begins with an introduction followed by the history of the Forum by prerogative of function in the Brazilian legal system after 1822. The second chapter consists of the study of comparative law that talks about the Institute on the orders of Portugal United eEstados of America, the third chapter addresses the author shows in their fundamentals and Theory in its relation with the Forum by prerogative of function, are also addressed the relationship of privileged forum and the principles of freedom and equality in the Federal Constitution of 1988. In conclusion is defended the need to abolish the Office of the legal system on the basis of its unconstitutionality, because it goes against the principle of equality and to the second level of jurisdiction.