O juiz de garantias com o advento da lei 13.964/2019: a consolidação do sistema penal acusatório e a proteção ao princípio da imparcialidade

Abstract

The purpose of this article is to analyze the legal figure of the judge of guarantees, one of the innovations present in Law 13,964/2019. First, a brief contextualization of the Brazilian criminal process, with a historical analysis of the criminals procedural systems, addressing the main characteristics of each, than indicating that consecrated in Brazil. After that, the principle of impartiality and its importance in the criminal legal system, emphasizing the importance of creating the institute of the judge of guarantees, as a guarantor of that principle. Like this how, examines the articles of the Law 13.964/19 related to that institute, which promoted one of the biggest changes in a recent period in criminal proceedings, the creation of a guarantee court, making a correlation with the penal system accusatory. Finally, the study by the National Council of Justice will be presented, suggesting how the courts throughout Brazil should proceed to make possible the application of the institute in question.