Privileged forum is a right that is given to some authorities who hold public office. This right is in relation to the trial of criminal cases.
The privileged jurisdiction allows the occupants of these positions not to be judged by the common justice (first instance) as normally happens with the processes.
In this situation, the judgment of the case takes place directly in one of the Superior Courts: in the Supreme Court Federal (STF), in the Superior Court of Justice (STJ) or in the Courts of Justice of the states and the Federal District (TJ).
In which cases is privileged jurisdiction applied?
The privileged jurisdiction is applied in specific situations defined by law.
It is used in cases of common criminal offenses and liability crimes. Responsibility crimes are crimes committed during the period that the authority occupies a highly responsible public function.
Who is entitled to privileged jurisdiction?
The occupants of various public offices have the right to privileged jurisdiction guaranteed by the Federal Constitution. See what they are:
- President and Vice President of the Republic,
- senators and federal deputies,
- ministers of state,
- attorney General of the Republic,
- Commanders of the Armed Forces (Army, Navy and Air Force),
- heads of permanent diplomatic missions,
- governors,
- mayors,
- state deputies,
- judges of the State Courts of Justice,
- members of the Federal Supreme Court (STF),
- members of the Superior Court of Justice (STJ),
- members of the Superior Labor Court (TST),
- members of the Superior Electoral Court (TSE),
- members of the Superior Military Court (STM),
- members of the State Courts of Accounts,
- members of the Federal Regional Courts (TRF),
- members of the Regional Labor Courts (TRT),
- members of the Courts or Councils of Accounts of the municipalities,
- some members of the Federal Public Ministry,
- members of the Federal Court of Accounts.
Positions other than those established by the Federal Constitution may also be entitled to the benefit of the privileged forum because the Constitutions of each state can create new benefits.
Federal Deputies and Senators
For these two positions, the privileged jurisdiction only applies in the case of common crimes that:
- have happened during the term,
- have a connection with the function that is performed in the position.
For the other positions, all common crimes are judged with privileged jurisdiction. In the case of federal deputies and senators, the forum will only be applied in this situation.
For example: in a crime of common theft a senator will not have the right to privileged jurisdiction, whereas in the case of a crime of money laundering the jurisdiction will be applied.
What is the role of the privileged forum?
The purpose of the privileged forum is to protect the activity of public office. It should not be considered a form of benefit or protection for anyone holding a public office, it is a way of protecting the office that is held by the person who has a criminal charge against him.
Criticism of privileged forum
There are criticisms about the efficiency of the privileged forum in Brazil, as it would be a privilege that goes against the principle of equality that is provided for in Article 5 of the Federal Constitution.
Art. 5th All are equal before the law, without distinction of any nature, guaranteeing Brazilians and foreigners residing in the country the inviolability of the right to life, liberty, equality, security and property.
How long does the privileged forum last?
The end of privileged jurisdiction happens when the person who has a criminal charge ceases to occupy the position that guaranteed that right. In this case, your judgment will no longer be made by the STF.
In relation to federal deputies and senators, there is an exception to the end of court rule. Even if the occupants of these positions leave the mandate, the process will continue to be judged by the STF.
For example: if a senator leaves his position to try to escape the conviction, the case will continue to be judged by the same court.
PEC of the end of privileged jurisdiction for common crimes
It is possible that the benefit of privileged jurisdiction will no longer be applied in situations of common crimes for almost all positions, less for president and vice president, head of the Judiciary, president of the Federal Senate and president of the Chamber of deputies.
A Proposal for Amendment to the Constitution (PEC) is being voted, which proposes the end of the privileged forum for common crimes. If the PEC is approved, the privileged jurisdiction will only be applied to cases of crime of responsibility and common crimes for the aforementioned positions.
Find out more about the meaning of parliamentary immunities, Winning Statement and Leniency Agreement.