THE JUDGE OF GUARANTEES: A STUDY ON THE IMPLEMENTATION PROCESS IN THE BRAZILIAN JUDICIAL SYSTEM

Abstract

This article discusses the role of the Judge of Guarantees, as established in Law No. 13.964/2019, which aims to improve balance in the criminal process by separating – through a model of functional separation – the criminal investigation from the trial phase. The work evaluates the implementation process of this legal institution, a challenging measure with several limitations and operational barriers, aiming to analyze the main challenges of its implementation in the Brazilian judicial system. Its methodological approach was qualitative – exploratory and descriptive – based on bibliographic and documentary research using current legislation, doctrine, jurisprudence, and institutional statistics, as well as case studies from other countries. The results contribute to the academic and institutional debate on the viability and impacts of introducing the Judge of Guarantees, showing that its effectiveness depends on structural and normative measures, as well as a cultural transformation in how the role of the judge is exercised in the criminal process, pointing towards an advancement in the conception of the rule of law.