O foro por prerrogativa de função na esfera penal brasileira - garantia ilimitada? Manobras que se valem da garantia para fins esdrúxulos

Abstract

This study aims to analyze the forum prerogative in criminal cases. It aims to give an overview on the historical conceptions of the institute within the Brazilian legal system and ward off thoughts that correspond to a personal privilege. The content of the approach is geared to the controversies that competence, particularly with regard to its use as unlimited guarantee and abuse of rights that surround it, leaving aside other issues ,, as the slowness of the courts and the sense of impunity that is passed the society. There is use of a specific case, the criminal action MG 470, popularly known as "Mensalão" as a basis for study of criminal original jurisdiction of the Supreme Court. They will be taken into consideration the views of various authors and the evolution of jurisprudential understanding and doctrine over the years. The analysis will be built on insights and critical, in order to pass the broadest possible understanding of jurisdiction by right forum.