Foro especial por prerrogativa de função: o novo entendimento do Supremo Tribunal Federal

Abstract

The jurisdiction ratione personae, that by reason of the person called, also, for special forum for role or prerogative, the simple "privileged forum" is a division of jurisdiction, which stems from the power that the State has to resolve conflicts within society This competence is granted to higher courts, which as a rule is streamlining, but courts have original jurisdiction to process and judge causes. Enjoy special forum those who exercise functions or take up special positions for the State. However, there are controversies about the special forum. The first issue to be discussed, is generating conflict with the principle of equality, ensuring that all are equal before the law, thus, it would not be due give different treatment to some people because the quality of this. Therefore, is the overhead in higher courts, getting these, a few number of judges and an excessive number of processes are causing the impossibility of an effective trial resulting a jurisdictional provision failed, so that the society feels a sense of impunity.