THE SPECIAL FORUM BY FUNCTION PREROGATIVE

INTERPRETATIVE ANALYSIS IN THE LIGHT OF THE CONSTITUTIONAL PRINCIPLE OF EQUALITY

Abstract

The Special Jurisdiction Privilege by prerogative of function presents itself
as a controversial institute for the legal debate. In its integral form, the validity of the forum contributed to the acquittal or prescription of procedural narratives impacted in the courts. Such effect proved to be unsustainable, requiring technical effort to give an interpretation in coherence with CF / 88. The article raises the problematic and has as goal the reflection on whether the special forum would resist an adequacy analysis having as fundament of validity and equality under its two understandings: formal and material. The technique of bibliographic review, a qualitative approach, started from the methodological extraction of scientific materials, as well as from research of STF decisions. The dialectical method used to establish the counterpoint between the positions on the theme, whose development follows a chronological rhythm of polishing the current understanding. In the end, it was found that, despite the recent decision of the STF having processed a restrictive interpretation to the special forum, the coverage of the decisum affects only the federal legislature, still being able to be used by other authorities. The criticism, then, is about the need for greater interpretive extensiveness in order to include other agents as to the limitation of the prerogative.