A imparcialidade do julgador no sistema processual penal brasileiro à luz da teoria da dissonância cognitiva

Abstract

This monograph deals with an issue of extreme importance for both legal process and the democratic state of law, which is, the enforcement needs to the impartiality principles of the trial judge in the Brazilian criminal process. Therefore, there is an analysis regarding the procedural systems and consequently, it too is discussed the magistrate’s position in each system, as a factor to establish the model adopted in the country. As regards the Brazilian procedural model, there is a real conflict between the Criminal Procedure Code and the Federal Constitution. Currently, it is undeniable the assign instructive powers to the judge, making a pre trial before the criminal case, putting in risk the impartiality of the trial and disrespecting the individual’s citizen guarantees. In this case scenario, it is necessary to make a greater observation and respect the constitutional dictates, so in the end it is possible to talk about the democratic criminal process improvement.