Uma análise das condições estruturais da justiça eleitoral para processar e julgar crimes comuns conexos aos eleitorais com base na decisão do supremo tribunal federal referente ao inquérito no 4.435/DF

Abstract

The present research realized an analysis of the possible consequences of the decision of the Federal Court of Justice (FCJ), which refused to the electoral justice the competence to prosecute and judge common crimes related to electoral illegality in the process related to the Lava Jato operation. For most of the current ones, formed by some Ministers of the STF, there is disagreement as to the competent forum, since the crimes of corruption (passive and active), money evasion and money laundering, when investigated together with the crime of "box 2", It should be judged on the same front, in this case, the Electoral Justice, thus contradicting the thesis of the Prosecutors of the Lava Jato operation who postulate by the division of the shares. For them, the investigation of the illicit crimes of bribery and money laundering should be attributable to the common justice and crimes of illicit donation should be under the supervision of the Special Court. From a bibliographic design supported by descriptive research, this monograph verified and analyzed the structural conditions of specialized justice to include more functional skills, since, as a rule, its typical function is to take care of the organization of the electoral process, ranging from electoral enlistment to the graduation of elected officials.