Juiz das garantias como figura indispensável ao sistema acusatório brasileiro à luz da teoria da dissonância cognitiva

Abstract

The present academic article aims to analyze the viability of the judge of guarantees in Brazilian legislation from the theory of cognitive dissonance, showing that such institute is inherent to the accusatory system. The research was carried out in a bibliographic way, using the hypothetical-deductive approach method, since it seeks to treat the guarantees judge as an essential figure for maintaining impartiality in the criminal process and the accusatory system, in addition to the historical procedure method - for bringing the emergence of procedural systems - and the comparative one, since it brings the guarantees judge of other nations. It can be concluded that the judge of guarantees is indispensable to the accusatory system from the point of view of the theory of cognitive dissonance, since the judge's performance in the pre-procedural phase negatively influences his cognition during the procedural phase.