Moraes supports Gilmar and proposes new rules for a privileged forum with immediate application in trial at the STF

According to the agreement, the rules of the preferred forum must reach all authorities, including holders of life positions, such as magistrates and members of the public prosecutor’s office.

The virtual plenary trial analyzes an appeal from the PGR which requests adjustments in the Court’s understanding of the forum by prerogative of function. The action takes place in virtual plenary until next Friday 19th.

Gilmar’s position, accompanied by Moraes, also maintains that, in situations of successive occupation of positions with different areas of competence, the jurisdiction of the highest body must prevail. Another important point of the vote is the restriction of the forum for crimes committed during the election period under the allegation of exercising public functions.

This rule, however, does not apply in specific cases: when the authority, after assuming a mandate, commits functional crimes related to the precedents or when there are other factors that attract the original jurisdiction of the court.

The minister also rejected the request to extend the modulation of the effects of the decision, reaffirming that the guidelines have an immediate impact on ongoing processes, even if the investigation has already been completed.

The privileged forum, also known as forum by prerogative of function, is a mechanism provided for by the Constitution which guarantees to certain authorities the right to be judged by higher courts in cases of common law crimes, due to the position they occupy.