ABRANTES, R. S. S. D.; http://lattes.cnpq.br/0409326632148055; ABRANTES, Romero Sá Sarmento Dantas de.
Resumen:
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.