O foro por prerrogativa de função no Estado democrático de direito e os possíveis prejuízos às investigações criminais

Abstract

The forum by function prerogative also known as privileged forum has been going through a series of debates because of its repercussions stemming from the protection granted by the Constitution to various political agents who have certain power and authority in our country. The aforementioned constitutional guarantee recognised in the postdictatorship context in 1988, was justified by the preservation of the democratic State by the rule of law by granting a judgment in more qualified thesis to the agent holding the position, as well as to have freedom and independence in its functional performance, against political persecution. In this context, we will seek to study the police investigation institute, this instrument that materializes the course of criminal investigations, to demonstrate its purpose to the democratic State by the rule of law, as well as to verify the effects that the privileged forum generates on the elucidation of the evidence of authorship and proof of materiality of any crime. Therefore, what we seek in the research is to conclude whether the institute of the forum by prerogative of function is adequate to the political and social moment experienced in Brazil, as well as to analyze if the mentioned positive guarantee in the Brazilian Constitution causes damages to the criminal investigations and consequently to the democratic State by the rule of law.