Análise da figura do Juiz de garantias no contexto do processo penal e a sua implantação pelo Estado Brasileiro.

Abstract

The Brazilian State, composed of a complex legal framework, has a characteristic of constant mutations, both with regard to its laws, as well as with regard to the jurisprudential understandings of our Superior Courts. Recently, and with the support of the outcry of Brazilian society, law No. 13.964 of 2019 was published, known by the legal and academic scope as the “anti-crime package”, having as one of the great creators the former federal judge and then Minister of State of Justice, Sergio Fernando Moro, who for years, commanded the largest anti-corruption operation in our country, the “lava jet”. Such a legal instrument institutes the mechanism called “judge of guarantees”, a controversial legal figure. For some (guarantor chain), it is an instrument for the effectiveness of the fundamental principles and rights stamped in our 1988 Federal Constitution. For others (Punitivists), this mechanism boils down to a “legislative tortoise” with the aim of safeguarding the systemic impunity that permeates the history of our Republic. In this tuning fork, the present study sought to analyze this interesting and controversial legislative novelty. For this, it was necessary to use the deductive investigative method, with a real immersion in the core of classical and avant-garde doctrines, in our Carta Maior, in laws and praetorian decisions that would allow a greater clairvoyance of the analyzed institute.