Foro por Prerrogativa de Função

A text derived from the monograph concluding the Specialization in Criminal Sciences (UNAMA/UVB/Rede LFG), published in the inaugural issue of Revista Criminal: ensaios sobre a atividade policial. The essay examines the possibilities and scope of the preliminary criminal investigation and its influence on criminal proceedings, starting from the divergences in legal scholarship and case law on the special forum by prerogative of office (foro por prerrogativa de função) during the police investigation (inquérito policial): whether the prerogative should be restricted to criminal proceedings and whether the police authority may open the investigation without prior authorization from the competent court. It concludes that the weak point of the Brazilian model lies not in the separation between investigating, prosecuting and judging, but in the lack of guarantees for police authorities and of a defined constitutional place for the judicial police, which should have full autonomy from the Executive Branch, among the functions essential to Justice.