Foro por prerrogativa de função: uma análise discursiva sobre a aplicabilidade do instituto na tese dos “mandatos cruzados” a partir do julgamento do agravo regimental na petição (PET) 9189

Abstract

The present work has as its theme the discourse analysis on the applicability of the special forum in cross-mandates in light of the decision of the interlocutory appeal in Petition (PET) 9189. The main objective of this research is a discourse analysis about the application of the forum by prerogative of function, based on the judgment of the interlocutory appeal in Petition No. 9189. Discourse analysis was used as a method, and the research is characterized as exploratory, explanatory and bibliographical. This work was also developed in three chapters: In the first one we walked through the philosophical and historical conceptions about the special forum, starting from a relationship between discourse, law and society and constructive historical assumptions of the institute; in the second is performed an analysis about the theoretical strands that support the institute, the democratic and republican theories, in addition to investigating the final reason of the institute; in the third are investigated the meanings produced by the statements through a discursive analysis on normative devices, doctrinal constructions and understandings jurisprudence. Finally, the work concluded that the application of the forum by prerogative of function in cross-mandates by the Supreme Court was maintained based on the discursive deregulation of AP No. 937, this happened with the change of scenario that also required a change in the understanding of the Court, thus the special forum is maintained, when it comes to federal parliamentarians, in the case of cross- mandates.