THE GUARANTEE JUDGE AS AN INSTRUMENT TO CONTROL LAWFARE PRACTICES

Abstract

The phenomenon of lawfare, characterized by the abusive use of the legal system for political purposes, has been a growing concern for the Democratic Rule of Law. This scientific article explores the harmful consequences of lawfare, highlighting its political, social and legal impacts. The work seeks to emphasize how lawfare exploits the manipulation and distortion of laws and judicial institutions to persecute political opponents or obtain undue advantages and how this undermines democratic principles and compromises equality before the law, representing a threat to the integrity of the legal system and the legitimacy of democratic institutions. The introduction of the institute of the judge of guarantees, through article 3-B of Law 13,964 of 2019, marks a significant attempt to strengthen criminal procedural law and protect the fundamental rights of citizens against lawfare abuses. By analyzing the legal provisions that govern the implementation of the institute of the judge of guarantees, the article examines the role of this judge in guaranteeing a fair and impartial trial, especially in cases influenced by lawfare. The objectives of this work include the definition of the concept of lawfare, analysis of the materialization of the institute of the judge of guarantees in the national legal system and the establishment of this legal instrument as an essential mechanism for the defense of the Democratic State of Law against the emptying of fundamental procedural rights in the face of lawfare. Through a literature review, analysis of legal texts and case law, we intend to investigate how the judge of guarantees can strengthen the protection of individual rights and the impartiality of the criminal process, contributing to the preservation of the integrity of the legal system and the strengthening of democratic institutions.