Juiz das garantias: os percalços para sua efetiva implementação

Abstract

The anti-crime package (law 13,964/2019) brought several innovations to Criminal Procedural Law. In light of these innovations is the theme that will be addressed in this Course Work: the Judge of Guarantees. The aforementioned magistrate's main purpose, in addition to promoting the control of the legality of the investigation and the safeguarding of individual rights, is to purify the judge from the investigation and judgment, serving as a kind of barrier against the influences that the investigative phase promotes. This article deals with the changes caused by the inclusion of the judge of guarantees in the investigative phase, their developments throughout the entire criminal prosecution and the recent decisions on their constitutionality. With this, we analyzed the impacts that the inclusion of this judge will have on criminal prosecution and the possible undermining of the main purpose of this magistrate. The methodology used was based on bibliographical research and recent decisions of the STF, using the deductive method to conclude about the effectiveness that this magistrate will cause. In this way, it was possible to establish that the anti-crime law undermined the remnants of inquisitoriness present in the Code of Criminal Procedure, reinforcing the accusatory system. Furthermore, it was also concluded that the recognition by the STF that section XIV, art. 3º-B of the anti-crime law is unconstitutional results in the judge's claim to being void of guarantees in preventing the influences of the investigative phase from contaminating the pre-trial judge.