Do you know what the privileged forum is? The privileged forum is the way in which the special forum by prerogative of function is better known, which is a legal mechanism that guarantees that certain public authorities have the right to be tried for common crimes or crimes of responsibility only by courts superiors. This mechanism is a way to guarantee the protection of the function.
That is, the objective is to prevent public authorities from being pursued in court for actions taken in the exercise of their function. It is estimated that around 60,000 people are entitled to privileged status in Brazil, and among some of the positions that are entitled to privileged status are those in Power Executive — president, governors and mayors.
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Topics of this article
- 1 - Summary on privileged forum
- 2 - After all, what is the privileged forum?
- 3 - Which authorities are entitled to privileged jurisdiction?
- 4 - Advantages and disadvantages of the privileged forum
Summary on privileged forum
Privileged forum can also be called special forum by prerogative of function.
It is a legal mechanism that guarantees that public authorities can only be tried for their crimes in higher courts.
The courts responsible for trying people with privileged jurisdiction are: Federal Supreme Court, Supreme Court of Justice, State Courts of Justice and Federal Regional Courts.
It is estimated that 60,000 people in Brazil have privileged status.
Executive positions, such as president, governors and mayors, are entitled to privileged jurisdiction.
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After all, what is the privileged forum?
As the special forum is traditionally known by prerogative of function, the privileged forum is a mechanism legal system that exists in our country and that determines the jurisdiction of criminal actions that are filed against authorities public. In other words, it is a mechanism ensures that some public authorities are not tried by ordinary justice.
This means that the people who haveêm right to a privileged forum are judged by a higher court, and the determination of which court will try that person varies according to the position of the person holding the privileged forum.
You competent courts for judging persons with privileged jurisdiction are the following:
Federal Court of Justice;
Supreme Court of Justice;
State Courts of Justice;
Federal Regional Courts.
The function of the privileged forum is not to protect the person who occupies that function, but to guarantee the protection of the position itself and prevent people invested in certain public offices from being the target of prosecution in court for the execution of their work.
People with the right to privileged jurisdiction, therefore, have the right to have common crimes and responsibility judged only by higher courts.This right is guaranteed by federal Constitution.
Which authorities are entitled to privileged jurisdiction?
Currently, it is estimated that around 60,000 Brazilians have privileged jurisdiction based on what Brazilian legislation determines. The positions of public administration entitled to privileged jurisdiction are, among others, the following:
President;
vice president;
senators;
federal deputies, district deputies and state deputies;
ministers of state
attorney General of the Republic;
commanders of the armed forces;
governors;
vice governors;
prefects;
state secretaries;
members of higher courts.
In the case of federal deputies and senators, it is important to consider that the privileged jurisdiction applies only to crimes that occurred during their term of office and for crimes that have some bearing on their role as members of Power Legislative.
Therefore, a parliamentarian who commits a common crime that has no connection with his office is not entitled to privileged forum, but if the crime committed is related to the position, then yes he will be entitled to the forum privileged. This limitation aims to ensure that elected officials do not go unpunished for their crimes and seeks to defend the principle of morality in public administration.
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Advantages and disadvantages of privileged forum
Brazilian jurists constantly debate the advantages and disadvantages. It is understood that a great advantage of the privileged forum is the guarantee of that public authorities do not suffer reprisals in jjustice for exercisingrin your job in the role in what the fuckram electedto the/investidto the.
Other jurists, on the other hand, criticismà number of authoritiesêm privileged forum access, which contributes to delaying the work of the higher courts. There is a project of constitutional amendment that defends the limitation of the privileged forum only for the president of the republic, vice president, head of the Judiciary and the presidents of the Chamber It's from Senate.
By Daniel Neves Silva
History teacher
Would you like to reference this text in a school or academic work? Look:
SILVA, Daniel Neves. "What is a privileged forum?"; Brazil School. Available in: https://brasilescola.uol.com.br/o-que-e/historia/o-que-e-foro-privilegiado.htm. Accessed on April 15, 2023.
