WHY FEAR THE JUDGE OF GUARANTEES?

• Autor(a) principal: da Silva, Marcelo Oliveira
• Data de Publicação: 2020
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista da EMERJ (Online)
• Texto Completo: https://ojs.emerj.com.br/index.php/revistadaemerj/article/view/217
• topic: juiz das garantias; princípio acusatório; judge of guarantees; accusatory principle

This work aims to demonstrate the imprescindibility of the effectiveness of the Judge of Guarantees in the procedural legal system. The investigation is based on the following problem: There is a resistance of acceptance to the Judge of Guarantees, reminiscent of an authoritarian period of validity of the Code of Criminal Procedure, in order to allow the maintenance of the inquisitorial system, through which, the broad right of defense remains absolutely impaired in the face of the direction of the collection of evidence in the phase of criminal prosecution by the same judge responsible for the trial of the case. It is upheld the absence of any unconstitutionality of Law No. 13,964/19. It is brought with the present text, research led by the German professor Bernd Schünemann, based on the Theory of Cognitive Dissonance, in order to demonstrate the degree of involvement of the judge when he is responsible for the collection of evidence, directly affecting his impartiality.