IMPLEMENTATION OF THE JUDGE OF GUARANTEES: strengthening the accusatory system adopted in brazilian criminal proceedings

Abstract

The title of judge of guarantees is granted to a judge of law through the exercise of his function in the criminal process. In this premise, the institution of a Juiz das Guaranties in Brazil was something required since the most remote historical times, in view of the need to consolidate the accusatory process. In this way, the performance of the said judge must occur according to the principle of impartiality, guaranteed by Law No. 13.964/19, entitled anti-crime package. Therefore, the present work will present a discussion about the questions related to the impartiality and democracy of the Judge of the Guarantees in the Brazilian criminal procedure. The relevance of this theme is due to its timelessness, where the figure of a judge, in general, commands respect and has repercussions on impartiality. Based on this assumption, the guiding question of this work is: What changes will occur with the implementation of the Judge of Guarantees in the Brazilian Criminal Procedure, through a democratic and impartial model in the accusatory criminal system? In this bias, the general objective of this work is to analyze the implementation of the guarantees judge, due to the strengthening of the accusatory system adopted in the Brazilian criminal procedure. Therefore, the specific objectives are: to understand the assumptions that guide the Brazilian criminal procedural system; discuss the attributions of the guarantee judge; reflect on impartiality to strengthen the accusatory system in the Brazilian legal system. For this, a qualitative, documental, bibliographical and descriptive methodology will be followed, where facts that discuss the central theme will be discussed through three chapters. In view of this, the research met its objectives, proving to be relevant because it is a timeless phenomenon, which has repercussions on society if analyzed as a whole. Therefore, it was understood during the research that the need to always discuss the aforementioned theme is valid, since with the advent of the Anti-Crime Package, the figure of the guarantee judge became the center of discussions, often even being conceived as unconstitutional.