Foro por prerrogativa de função e ações de improbidade administrativa: limites ao poder constituinte estadual à luz do Sistema Constitucional Federal

Abstract

This article seeks to analyze the (in) constitutionality of attempts to extend the forum prerogative to actions of administrative improbity by the reforming constituent power in the member states of the federation. Applying an inductive method, a case study was carried out and the scenario evidenced in Espírito Santo was evaluated, based on the promulgation of the State Constitutional Amendment 85/2012. In this way, the theory of implicit competences and the principle of symmetry will be treated as limits to the state's constituent power. Pragmatic arguments that are legally relevant for the control of constitutionality applicable in this matter will also be presented and the risk of social retrogression and insufficient protection of fundamental goods in these cases will be discussed.