Crimes for which mayors and city council members are liable

Abstract

The article examines the jurisdiction to prosecute and try municipal mayors accused of crimes committed to the detriment of federal assets, services or interests, arguing that the constitutional jurisdiction based on functional prerogative, attributed to State Courts of Justice, must prevail. Based on a systematic interpretation of Articles 29, VIII, and 109 of the Federal Constitution, it maintains that federal jurisdiction ratione materiae does not supersede functional jurisdiction, since both belong to ordinary jurisdiction. It concludes that mayors must be tried by the State Courts of Justice of the States where they exercise or have exercised their public office, subject to the constitutional jurisdiction of the Special Courts.