JUIZ DAS GARANTIAS: A IMPRESCINDIBILIDADE DE SUA IMPLEMENTAÇÃO PARA A EFETIVAÇÃO DO SISTEMA CONSTITUCIONAL ACUSATÓRIO.

Abstract

The purpose of this article is to study the figure of the judge of guarantees, inserted into the Brazilian legal system under Law nº13,964/2019, and its role as an instrument for consolidating constitutional principles, aligning the current Code of Criminal Procedure with the accusatory criminal procedural system. Taking as its central point the preservation of impartiality and the equidistance of the judge, we look at the historical progression of the criminal procedural system, objectively pointing out the need for the implementation of the judge of guarantees for the material densification of the accusatory system. The article also discusses the bad effects of the magistrate's leading role in the investigative phase and, in a second moment, in the resulting process, bringing up the Theory of Cognitive Dissonance and the objective and subjective faces of impartiality, in order to elucidate the importance of the division of competences in criminal prosecution to guarantee the objective smoothness of Criminal Justice. In addition, it explores the recent judgment of ADI's nºs 6298, 6299, 6300 and 6305 by the Federal Supreme Court (STF) which, by majority vote, recognized the constitutionality of the judge of guarantees, significantly altering the scope and meaning of several of the provisions brought in by the legislator, either by declaring them unconstitutional or by applying the technique of interpretation in accordance with the constitution. At the end of the day, it can be inferred that, despite the practical challenges, the implementation of the judge of guarantees represents the commitment of criminal procedural legislation to the democratic regime, adding greater legitimacy to the exercise of the state's punitive claim.