THE IMPLEMENTATION OF GUARANTEE JUDGES AND THEIR CONTRIBUTION TO THE PROTECTION OF FUNDAMENTAL RIGHTS IN THE BRAZILIAN CRIMINAL PROCESS: A STUDY OF SUCCESSFUL EXPERIENCES, AS WELL AS THE CHALLENGES FOR IMPLEMENTATION IN THE DISTRICT OF FLORIANO

Abstract

This article aims to study, based on practical examples, such as what occurred in the district of Teresina, the importance of implementing the institute of guarantor judges, as well as their contribution to the protection of fundamental rights during the application of the criminal procedural law, in order to identify the main gains with the implementation with regard to the protection of fundamental rights within the scope of the criminal process. The problems of the non-full and specialized implementation of the institute in the interior districts will also be observed and questioned, and a comparative comparison will be made between the district of Teresina, State of Piauí, which has fully implemented the guarantor judge, acting in the analysis of evidence, in the monitoring of police investigations, and the District of Floriano, State of Piauí, which has not yet implemented, in a full and specialized manner, said institute, since it is applied only partially, with only custody hearings being held, thus resulting in the lack of effectiveness of the institute. Therefore, it aims to problematize and investigate the full implementation of the judge of guarantees, thus respecting all the rights and guarantees provided for during the application of criminal law in the district of Floriano - PI.