JUDGE OF GUARANTEES: AN ANALYSIS OF THE COGNITIVE PRESERVATION OF THE JUDGE IN THE BRAZILIAN CRIMINAL PROCEDURE

Abstract

The institute of the Judge of Guarantees was implemented in the Brazilian criminal procedural system by Law 13.964/2019 (Anti-Crime Package), seeking the full effectiveness of the accusatory system through the cognitive preservation of the criminal judge. However, after the judgments of Direct Actions of Unconstitutionality 6298, 6299, 6300 and 6305, by the Federal Supreme Court, brought significant changes to the model and the way in which this institute is currently implemented by Brazilian courts. Thus, this article aims to analyze the effectiveness of the Judge of Guarantees in the cognitive preservation of the judge in the Brazilian criminal process. The specific objectives were: To clarify the criminal procedural systems, that is, the inquisitorial system, the accusatory system and the mixed system, as well as how the criminal procedural system adopted by Brazil works; to analyze, based on Festinger's theory of cognitive dissonance, the lack of impartiality of the criminal judge and how the institute of the Judge of Guarantees presents solutions to this problem; to understand the possible impacts of the judge of guarantees on the Brazilian criminal prosecution. The bibliographic research of this article was conducted using a qualitative approach, using the hypothetical-deductive method, as articles, doctrines, judgments and national legislation were observed. The Judge of Guarantees is an important innovation in the Brazilian procedural system, which has been debated since 2009 by the Federal Senate, as well as by several scholars. In this path, the great impact of the Judge of Guarantees on the Brazilian legal system was verified, being a fundamental step in the establishment of a truly accusatory system, moving towards a more impartial and efficient criminal system.