Judges and prosecutors argue the end of the privileged forum for authorities

The board analyzes 11 proposed amendments to the Constitution (PEC’s) dealing with the issue.
24/08/2016 09h44 - Updated 24/08/2016 09h44
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Judges associations representatives, prosecutors and attorneys defended today (23) the end of the privileged forum prerogative to authorities, during a public hearing in the Committee on Constitution and Justice (CCJ) House of Representatives. The board analyzes 11 proposed amendments to the Constitution (PEC’s) dealing with the issue.

The forum is guaranteed to certain authorities the need, according to the understanding of the law, of the exercise of a particular function or mandate protection, it depends on the position that the person to be tried occupies. No Brasil, between authorities that have jurisdiction by function prerogative, They are the president, ministers (civilian and military), all parliamentarians, mayors, the Judiciary members, the Federal Audit Court (TCU) and all prosecutors. The measure is critical target of many jurists.

For the president of the Association of Federal Judges (Ajufe), Roberto Carvalho Veloso, the forum ended up as a kind of instrument for impunity, because the trials end up taking and crimes end up prescribing throughout the process.

according to Veloso, the number of processes ends up overloading the higher courts. During the hearing, he cited data collected by Ajufe showing that the Supreme Court (STF) there is 369 conduct investigations, and 102 prosecutions. One survey showed that are required 617 days for the receipt of a complaint by the court. “Despite the STF innovations, Judging authorities is not the calling of a constitutional court, and reverse this demand can result in more effective punishment”, said.

The same opinion was expressed by President of the Association of Brazilian Magistrates (WITH), João Ricardo dos Santos Costa, for whom the processes of people with special privileges end up taking a lot longer to go on trial.

The judge defended the investigation and trial for common crimes in the first instance and has shown that a survey of the AMB shows that the average time for the Supreme Court's judgments is 1396 days. "This whole time just giving the feeling of impunity", said. Second Santos Costa, the instruction in the first instance gives greater flexibility to the process. “Then there are resources to higher courts, but education is a very important moment in this process and should be done in the first instance”, he added .

Despite not having a closed institutional position on the issue, the president of the National Association of Members of Public Prosecution (Conamp), Norma Angélica Reis Cardoso Cavalcanti, He said the association should meet tomorrow (24) to close a position.

During the hearing, Standard also defended the end of privileged forum and said there is a concern with the amount of people who have the prerogative. “Our concern is that arise increasingly positions with prerogative, why, us states, it is the responsibility of the legislative assemblies. E, on the other hand, the power to judge is not being exercised by the courts properly”, he said.

The president of the National Association of Prosecutors (ANPR), José Cavalcanti Robalinho, said that despite being in favor of the end of the special jurisdiction of authorities, believes that there may be exceptions.

according Robalinho, one device review can create safeguards for certain positions and public functions as for parliamentarians and the president. For example, He cited the possibility of legislative House suspend proceedings against one of its members, in order to avoid a local persecution. “But if this is done, shall be by an absolute majority, because it is a statement of power over the other, and not the prescription of the crime occurs during the suspension of criminal proceedings”, said.

In the case of the Presidency, the exception could be applied to prevent the ruler to stand trial for crimes unrelated to the exercise of the function, as well as other heads of power, and ministers of the Supreme Court (STF).

request the author to the hearing, Mrs Cristiane Brazil (PTB-RJ) He is also author of a Constitutional Amendment Proposal (PEC) proposing the end of the privileged forum for common criminal offenses. For Mrs, the instrument ends up being used to facilitate the realization of criminal practices. "The greatest desire of Brazilian society is to end impunity. What else does the company get angry politicians and this House to think that politicians are not punished for the misdeeds committed. So, I think we have to have equal rights ", said.

During the hearing, Congressman Efrain Son (DEM-PB) He said the number of people with privileged forum in the country revolves around 22 one thousand. Child is the rapporteur of the proposals that propose an end to the privileged forum. For the deputy the forum of the instrument ended up having their distorted function. "No end, it ends up being an aristocratic remnant; which has become an instrument of impunity ", he defended.

According to Efrain Son, Congress not to "blind and deaf role" in the face of demands is required to give an answer to the society on. "Perhaps the worst thing was that this House has for some time, which was shelve the debate ", said.

Asked if the proposal would be approved feasibility, the deputy said he believed yes, and used as an example the Clean Record Law. "I believe that Congress can vote", said. "In the case of Clean Sheet, this Congress, with support and collection society, approved ", He added the deputy who ranked as “nonsense” the Supreme Court decision to loosen the law. "It really is to be regretted", said.

Source: Agency Brazil

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