A amplitude e sentido do foro especial por prerrogativa de função na legislação sob o enfoque da questão de ordem da ação penal 937 do Supremo Tribunal Federal

Abstract

The present scientific work has the scope to list issues that involve the special forum by function prerogative, based on bibliographic and jurisprudential research. It highlights its constitutional and infralegal legal aspects, as well as the jurisprudential change on the subject in the decision of the Supreme Court, so that, with such an interpretation, the institute in question is better applied to specific cases. In this spectrum, we sought to distinguish special forum by privileged function of privileged forum. Moreover, according to the doctrinal analysis made, it was led to the understanding that the principle of equality / isonomy is fully respected with a view to the jurisprudential position of the Federal Supreme Court in the 937 Criminal Action, resolving previous discussions about the breach of the constitutional principle of equality.