O INSTITUTO DO JUIZ DAS GARANTIAS E A RELAÇÃO COM A PRESTAÇÃO JURISDICIONAL IMPARCIAL NO ÂMBITO DO PROCESSO PENAL

Abstract

This scientific work is dedicated to presenting the institution of the judge of guarantees, introduced by Law No. 13.964/2019, relating it to the principle of impartiality in the Brazilian criminal procedure system. With this approach, the study seeks to contextualize the historical evolution of criminal procedure systems and their development over time, leading to the adoption of the accusatory system in Brazil, within which the judge of guarantees is inserted. In the development of this article, the procedural principles that serve as the foundation of the Brazilian legal order are explored, such as the principles of impartiality, adversarial process, broad defense, and presumption of innocence. These guiding principles ensure the ethical and legal structure of criminal proceedings, safeguarding fundamental rights and providing for fair trials. In light of the introduction of the judge of guarantees, these principles are reassessed, proposing a reflection on the impact of this institution on promoting a more balanced criminal process and preserving the rights of those involved. The research also focuses on analyzing the constitutionality of the judge of guarantees, considering the main doctrinal and jurisprudential arguments regarding its compatibility with constitutional principles. The study examines views that support the institution as a mechanism for enhancing criminal justice, as well as criticisms that argue its incompatibility with the existing judicial structure. Thus, it aims to assess to what extent the judge of guarantees aligns with the 1988 Constitution, particularly regarding the protection of individual rights. Based on the information gathered and discussions presented throughout the study, this work aims to clearly demonstrate the importance of impartiality in criminal proceedings and the relationship of this principle with the institution of the judge of guarantees. The implementation of this institution in Brazil stands out as a significant step toward promoting fairer and more balanced judgments, requiring from the Judiciary not only structural adaptations but also a commitment to achieving a criminal process that fully respects the fundamental rights of those involved. To this end, the methofology used included a review of the literature, analysis of doctrines, and bibliographical references.