THE IMPORTANCE OF THE IMPLEMENTATION OF THE JUDGE OF GUARANTEES IN THE BRAZILIAN CRIMINAL PROCEDURE CODE

Abstract

The present study on the implementation of the judge of guarantees reinforces the importance of a fairer accusatory system for those under investigation, aiming to preserve the principles attributed to the parties within the Code of Criminal Procedure. Throughout history, the Criminal Procedure System adapted to social changes, adopting the inquisitorial, accusatory and mixed system, corresponding to the demands of their respective times. Regarding Brazil, in 1942, in the Era of Getúlio Vargas, the Brazilian Code of Criminal Procedure came into force, undergoing, since then, numerous transformations to adapt its application in the legal system, aiming at the constitutional prerogatives received by the Pacts and International Treaties on Human Rights, innovating and readjusting the Criminal Procedure Code. In the scope of innovation, aiming to modernize the aforementioned Brazilian Criminal Procedure Code, Law no. 13,964/19 brings the institute of the judge of guarantees, seeking the necessary changes to strengthen and enrich a system in which, prioritizing individual guarantees in the Criminal Process, performing a role of great relevance in maintaining public order, seeking to reduce the failures of trials that culminate in unfair and impartial convictions. In this way, notably, the guarantee judge seeks to correct relevant points, according to the collection of bibliographic and documentary data.