The forum by prerogative of function is a constitutional guarantee that establishes numerous debates about its legal transitability, either because some interpret it as a mechanism of impunity, or because they understand it as an impediment to the activity of the courts. The main objective of the study was to explore and analyze the presence of privileges in the forum by prerogative of function. The type of methodology applied in this research has an exploratory-descriptive and explanatory characteristic, which is, encompassing with great experience the problem, through a bibliographical survey, documents, scientific articles and published materials, making use of the descriptive methodology. It is understood, before what was seen that it is accessible to exist a modification in the model of private forum in force, taking into consideration solutions that do not fall on the elementary defense of full extinction of the institute, given the relevance of its presence for some authorities, according, for example, with the considered proposals for amendment to the Constitution. Effectively, it is observed a broad argumentation about the forum by prerogative of function in the Brazilian legal system, concerning, especially, the jurists to participate in this process of institutional change, pondering and leading to the interest of citizens on the subject.