Foro por prerrogativa de função: igualdade, república e interpretação constitucional pelos tribunais

Abstract

The present master thesis seeks to systematically portray the forum by special jurisdiction by office prerogative, under the point of view of constitutional law, in order to offer theoretical, historical, legal, comparative and reality data, in order to construct a path that indicates the confirmation or denial of three explicit hypotheses at work. The first hypothesis is that the state of application of the forum by special jurisdiction by office prerogative violates the principles of equality and republican in Brazil. The second hypothesis is that the special jurisdiction by office prerogative tends to stimulate perversity within an inefficient and dysfunctional justice system. And the third hypothesis is that the proposals transmitted by constitutional interpretation of the special jurisdiction by the judicial branch seem to be insufficient to respond to the social claim to limit the special jurisdiction by office prerogative. Therefore, the master thesis is structured in seven parts. The first part rescues initial theoretical premises based on the forum by special jurisdiction by office prerogative, in order to search for its origins, meaning, reasons and scope, as well as provide for the relationship of the forum by special jurisdiction by office prerogative with the principles of equality and republican. The second part deals with the historical, political and normative context of creation and evolution of the institute of the forum by special jurisdiction by office prerogative in Brazil, tracing the changes in the general and specific rules, as well as the temporal and applicability marks of the institute, along the history, culminating in the 1988 Constitution. In the third part, post-1988 data that reveal the most recent photograph of the debate and, in the fourth chapter, the relevant points of common ground between the institute in Brazil and in other countries of the world. In chapters five and six, contemporary issues that the forum by special jurisdiction by office prerogative raises are discussed, including the evolution of constitutional interpretation by the courts and the prospects that reverberate from the institutions to the future of the forum due to the prerogative of function. From this research, in the last chapter, the positions are presented to show the origin or not of each of the three hypotheses launched.