THE JUDGE OF GUARANTEES FACING THE POSSIBILITY OF DOM CASMURRO SYNDROME IN THE BRAZILIAN CRIMINAL PROCESS

Abstract

This article sought to present the role of the Judge of Guarantees in the Brazilian justice system, in light of reflections on the Dom Casmurro syndrome, leading to a fair and impartial judgment, ensuring the protection of the fundamental rights and guarantees of those investigated. The methodological approach adopted in this study followed the standard of legal research, where data were obtained through bibliographic review and documentary analysis, applying the deductive method. Based on the results obtained, it was found that the aforementioned syndrome must be eliminated from the Criminal Procedure Code, since criminal justice is a highly regulated process, which demands concrete evidence and respect for the fundamental rights of all parties involved. Any effort to convict someone based solely on personal suspicions or convictions would be counterproductive and unfair. Thus, it was concluded that the figure of the judge of guarantees is crucial to prevent such a syndrome from happening in the Criminal Process, by guaranteeing the segregation of phases and functions, mitigating personal inclinations, promoting contradiction and strengthening impartiality. This measure contributes to the creation of a fairer legal environment, where decisions are based on evidence and arguments, thus reducing the risk of bias and distorted interpretations.