LEGALITY CONTROL ACCORDING TO LAW Nº 13,964/2019: AN ANALYSIS OF THE IMPARTIALITY OF THE SINGLE JUDGE IN FRONT OF THE INSTITUTE OF THE JUDGE OF GUARANTEES

Abstract

The Guarantees Judge, introduced by Law No. 13,964/2019 in Brazil, seeks to strengthen individual guarantees and impartiality in criminal proceedings, separating the functions of investigation and judgment. This research has the general objective of analyzing the legal challenges in implementing the Judge of Guarantees in the Brazilian judicial system, understanding its impacts and identifying strategies to overcome them. The specific objectives include investigating operational and logistical aspects of implementation, assessing constitutional compatibility, examining impacts on procedural effectiveness and identifying obstacles and solutions to ensure a more agile administration of justice. Using a legal bibliographical approach, this research is justified by the significant change in the conduct of criminal proceedings, directly impacting the protection of individual rights and confidence in justice. Results indicate the need for training, improvement of the judicial structure, standardization of procedures, constant monitoring, transparency and social participation. The introduction of the Judge of Guarantees is crucial to safeguard fundamental rights, promoting equity in the justice system and avoiding excessive concentration of authority. However, practical challenges must be recognized and faced to ensure effective implementation suited to the specific needs of the Brazilian legal system.