The Federal Court (STF) begins to judge this Friday an appeal from the Public Prosecutor’s Office (PGR), which requests modifications to the decision of the Supreme Court in order to broaden the scope of application of the privileged forum. The analysis takes place in virtual plenary and runs until December 19.
In the appeal, the PGR defends the application of the decision only in criminal cases which are not in the final phase of processing. In an appeal filed in August, the organization asserts that the Court’s new thesis could generate delays, nullities and instability, if objective limits are not set for its application.
In March, after successive requests for review, the STF concluded the judgment which expands the privileged forum in cases of crimes committed in and because of the office, even after the cessation of its functions. The vote of the rapporteur, Minister Gilmar Mendes, prevailed during the trial.
It is understood that the privileged jurisdiction of a politician is maintained in the STF if the offense was committed during the exercise of the function of parliamentarian, even in the event of resignation, non-re-election or dismissal.
Although the change was justified as a way to avoid maneuvers by politicians to evade the Supreme Court’s jurisdiction, the PGR argues that the new rule, if applied automatically, could produce the same effects it sought to avoid, such as successive changes in jurisdiction, procedural discontinuity, and statute of limitations.
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