Juiz das garantias : um instrumento de consolidação da imparcialidade e do sistema acusatório na aplicação da lei das organizações criminosas.

Abstract

The judge of guarantees has the purpose of guaranteeing legality and safeguarding rights, with action that includes the investigation phase until the receipt of the complaint, of criminal proceedings. In conjunction with the legal institution of the judge of guarantees, the legislator highlighted that the Brazilian criminal procedure will follow the characteristics of an accusatory system, transmitting even more security, from the point of view of impartiality. The main objective of the present work is to analyze if the judge of guarantees, in theory, can be an instrument that, in fact, brings greater legality, safeguards rights and guarantees impartiality, both in investigations and in the processing of processes that refer to the criminal organization law. Therefore, it is proposed to carry out a study on the investigation phase defined by Law n 12.850/2013, emphasizing the means of obtaining evidence defined in this legislation, as well as the judge's performance during this phase, relating to the judge's performance. of guarantees, analyzing the aspects of which the performance of a single judge, throughout the criminal prosecution, can be harmful to the accusatory system and impartiality, due to the elements associated with the theory of cognitive dissonance. Under this analytical bias, the judge of guarantees proves to be a necessary instrument to guarantee impartiality and affirmation of the accusatory system in the process of processes that refer to the law on criminal organizations.