Da impossibilidade de extensão da competência especial por prerrogativa de função às ações de improbidade administrativa

Abstract

It aims at to analyze the constitutionality of the pretense extension of the special jurisdiction for prerogative of function to the processes of administrative improbity through the usual legislative ability and of the constituent power derivative, being considered the legitimation of the forum for prerogative in the Brazilian legal system by means of constitutional reserve, as well as the legal nature of the action of administrative improbity. It analyzes the causes of the admission in the Constitution of 1998 of the forum for lifting prerogative of function and its principles. It argues concerning the acceptance of the special jurisdiction in the actions of civil nature. It defines the legal nature of the action of administrative improbity and of its sanctions and it differentiates it of the other instruments of combat to the administrative improbity. It verifies the possible consequences of the magnifying of the original jurisdiction of the courts in reason of the position or public office, demonstrating the controversies concerning the subject in the doctrine and, mainly, the law and the native jurisprudence.