JUDGE OF GUARANTEES: SOCIAL PRINCIPLES

• DOI: https://doi.org/10.22533/at.ed.216442409022

• Palavras-chave: 1. Judge of Guarantees; 2. Brazilian Criminal Procedural System; 3. Constitutional Principles.

• Keywords: 1. Judge of Guarantees; 2. Brazilian Criminal Procedural System; 3. Constitutional Principles.

• Abstract:

  The institute of the guarantee judge, a new statute introduced by Law 13,964/19, is the subject of discussion in this article. In this context, the general objective is to clearly illustrate, with facts and justifications, the ways in which the institute strengthens and makes the Brazilian criminal justice system more aligned with the procedural rules established by the 1988 Constitution. In addition to supporting the rule that Pertinent evidence related to the development of the judge's conviction must be presented in opposing court proceedings. These considerations require a discussion of criminal procedural concepts, procedural systems and their historical development. Based on the research carried out, we agree with the statement that the institution of the judge of guarantees does not contradict moral standards, but emphasizes the need to implement impartiality in the nation's judicial system. As a result, it is up to the Judiciary to take on the challenge of adopting this new procedural figure, viewing it as something very beneficial and preparing the ground for its full realization. As it is a completely theoretical topic, the use of bibliographic processes is emphasized, as well as doctrinal and jurisprudential mechanisms.