A incompatibilidade do foro privilegiado com axiomas constitucionais nos casos de crimes comuns

Abstract

In this paper we discuss the incompatibility of the prerogative of court with constitutional axioms in cases of common crimes. On the one hand, part of the doctrine legitimizes before protection institute the exercise of a particular function on the other doctrinal portion that objective characteristics the legitimacy of the institute before the breach of the principle of equality. Meanwhile, the developed thesis will be based on the investigation of two cases: a) The right forum is legitimate measure to ensure the fair application of the law, not characterizing privilege; b) The right forum is measured based on illegitimate privilege, lying in violation of certain constitutional commandments. Nevertheless, during the issue of development remains up proven the truth of the premise "b". It must be noted that the dialectical process of investigation of the hypothesis is based on the axioms of identification that would make the institute incompatible with the essence of constitutional content. Thus, for this was identified the origin and historical evolution of the prerogative of court Institute, relating it to the Brazilian historical and constitutional landscape, conceptualizing it as well, presenting legal boundaries, if ending with the analysis of the elements of order legal and sociological that permeate the establishment of the special court. The analysis of said set remaining is identified four indisputable truths of constitutional order material, which properly discussed, confirmed the positive conclusion on the case "b", namely: the political regime; the form of government; the principle of equality; and the principle of due process. That said, it is demonstrated, through field research, the institute prejudicial to the social order, it is confirmed that this is degenerative element of justice in the country.