SPECIAL JURISDICTION BY OFFICIAL POSITION IN BRAZILIAN LAW AND ITS INTERPRETATION IN THE JURISPRUDENCE OF THE SUPREME FEDERAL COURT

Abstract

This article sought to analyze the special jurisdiction for public officials in the Brazilian legal system, aiming to understand its legal nature and verify whether this institution is configured as a functional protection or as an individual guarantee for its holder. To this end, a qualitative methodology was adopted, based on bibliographic and documentary research, with emphasis on the analysis of the 1988 Federal Constitution, infra-constitutional legislation, and the jurisprudence of the Supreme Federal Court, especially Criminal Action No. 937 (2018) and Habeas Corpus No. 232.627 (2025). The results show that the understanding of the Supreme Federal Court has undergone significant changes over time, oscillating between broader and more restrictive interpretations regarding the application of this special jurisdiction. It was found that the Court's most recent orientation seeks to reconcile the protection of public office with the need to ensure procedural stability, even if this implies maintaining the special jurisdiction after the end of the mandate in certain cases. It is concluded that, although the special jurisdiction for high-ranking officials is based on institutional protection, its broad interpretation may strain constitutional principles, especially that of equality, requiring a careful application aligned with the Democratic Rule of Law.