An analysis of the forum for function prerogative in Brazil from the criminal action number 937-2015 and proposal amendment to the constitution number 10-2013.
DOI:
https://doi.org/10.5585/prismaj.v17n2.8883Keywords:
Forum for function prerogative, Federal Supreme Court.Abstract
The research has as a way to adapt to the use of the prerogative in Brazil, proposing the accomplishment of two paths for the implementation of changes in the scope of the institute: Criminal Action nº 937 and PEC nº 10. The statistical data are collected between the years of 2002 to 2016 on the subject of the Federal Supreme Court, in the Supreme Report in Numbers (2017) of Fundação Getúlio Vargas (FGV-RIO), as well as, based on the study of PEC N-10 2013 changes, which aims to restrict the prerogative of the forum, as well as in Penalty No. 937, which discusses a series of hypotheses of incidence of function pressures from a concrete case. The learning was based on theoretical and empirical research, through a bibliographical study of a qualitative approach, with emphasis on conceptual and critical procedures.