A implementação do juiz das garantias no ordenamento jurídico brasileiro: um paralelo entre necessidade e viabilidade de inserção do novo instituto.

Abstract

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.