Foro por prerrogativa de função: uma análise voltada ao Supremo Tribunal Federal e a necessária alteração da garantia

Abstract

This undergraduated thesis is scoped to analyse specific points of the broad debate which already occurs for decades about the legislative immunity. The work starts showing how this Institute was introduced in the Brazilian legal system, how was your scope and what are the reasons that led the Brazilian constituent increase significantly the list of beneficiaries by parlamentary immunity. Therefore, explains himself about problems arose on the subject and that had to be discussed by the Brazilian Supreme Court since this has the scope of the guardian of the Constitution, notably to both landmark and three very important judged that somehow changed the understanding which had about the Institute. Parses the arguments used by scholars to defend the maintenance of the legislative immunity, as well as to defend the exclusion of warranty of the Brazilian legal system. I thought important to bring practical examples also experienced currently by the judiciary, and, specifically, for example, demonstrating the accumulation of procedural situation experienced by the Supreme Court, generating, by as a result, prescription and impunity. Finally, I express my critical thinking about the debate, as well as a possible workaround to the problem.