MARTINS, G. P. C.; http://lattes.cnpq.br/2925734768173839; MARTINS, Gabriel Paiva de Carvalho.
Resumo:
Bearing in mind that the institute of the judge of guarantees is an innovation with great power
to change the system of Brazilian criminal procedure, and that its institution in the legal system
has led to numerous doubts and uncertainties about its implementation in Brazil, this study
analyzes the institute of the judge of guarantees in the light of the Brazilian legal system, in
order to examine the reasons for the need for its implementation and its feasibility in the context
of the Brazilian judicial system. In order to do this, it was necessary to analyze the historical
development of criminal procedure in Brazil and the criminal procedural systems that exist in
the world, as well as to discuss the system adopted by Brazil; to examine the role of the judge,
especially in the preliminary investigation; to analyze the judge of guarantees and his historical
development process, establishing a connection with comparative law; and, finally, to analyze
the necessity and feasibility of implementing the judge of guarantees in the light of the Brazilian
legal system. In order to achieve these objectives, the methodology used was the deductive
method, using the bibliographical and documentary research technique, characterized in terms
of its general objective as descriptive and exploratory, with a qualitative approach, and using
the following procedures: historical, comparative and analytical-descriptive. As a result, it was
found that the implementation of the judge of guarantees in Brazil has encountered currents of
thought both favorable and contrary to its insertion; as well as it was possible to verify that, in
the light of the Theory of Cognitive Dissonance, there is a need to adopt this institute, in view
of the experimental demonstrations regarding the impartiality of the judge who acts in the
preliminary phase of the process. Therefore, it is concluded that, despite the different realities
of the Judiciary in each region of the country, as well as the difficulties raised, especially with
regard to the financial ones, there are no concrete elements that make its implementation
unfeasible, and it was possible to verify the real need for the implementation of the institute in
Brazil.