Guarantee judge: Maximizing the principle of impartiality?

• Autor(a) principal: de Araujo, Larissa Gonçalves Ferreira
• Data de Publicação: 2021
• 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/393
• topic: Processo Penal; Sistema Acusatório; Imparcialidade; Juiz de Garantias; criminal procedure; accusatory system; impartiality; judge of guarantees

In the 1980s, the European Court of Human Rights found that the successive actions of the magistrate in both phases of criminal prosecution could cause a legitimate doubt about his impartiality in the process. It was under the influence of these precedents that a process of legislative reform began in several countries in Europe and even in Latin America. Only in 2019, however, Brazil introduced the Judge of Guarantees in its legal system, with the primary purpose of adopting domestic legislation to the new constitutional order, which defined the criminal process as accusatory. Although the adoption of this procedural institute has suffered several criticisms since then, it is clear that its implementation is based on constitutional principles, as well as on international treaties, and represents the true search for maximization of the principle of impartiality. In this context, it is important to emphasize that, according to studies presented by the National Council of Justice, it is known that the Guarantees Judge finds fertile ground for its adoption in Brazil so that all indications point to its success.