Cidadania e princípio do juiz natural: paradigma da operação lava jato

Abstract

This dissertation addresses the subject of citizenship related to the principle of the natural judge, with the central objective of verifying the elements of such principle in the Federal Constitution and its importance for full citizenship in the Democratic State of Law, as well as its applicability in the so - called Car Wash Operation. Thus, an analysis of the importance of the principles’ set forth by the Federal Constitution – and their correct interpretation - is carried out, as well as an analysis of the historical context and development of the principle in Brazilian constitutions and international treaties. The elements of the natural judge’s principle and the treatment given to them by the Federal Constitution of 1988 as well as its extension to the principle of the natural prosecutor and the natural delegate is also verified. Afterwards, the question of jurisdiction and its interaction with the principle, the rules of jurisdiction in the code of criminal procedure and the consequences of their violation are analyzed. Finally, the consistency of the principle in the Car Wash Operation is scrutinized, being also examined the aspects of the specialization of lower courts by court’s resolutions, as well as the jurisdiction to judge the cases of the operation, where upon violations to the constitutional principle in both the setting up of specialized lower courts and the jurisdiction rules set forth by infra-constitutional legislation have been identified.