APPLICATION OF THE GUARANTEE JUDGE IN THE COURT OF JUSTICE OF THE STATE OF AMAZONAS (TJAM)

Abstract

Regional inequality in Brazil is a well-known phenomenon, with deep roots in colonial history and in the milestones of territorial occupation. For this reason, this reality holds such legal relevance that it motivated the drafting of item III of Article 3 of the Federal Constitution. In this context, among the regions of the country, the North stands out as the most deprived in terms of public infrastructure, a fragility that is also reflected in the administration of justice. Moreover, disparities are particularly evident when comparing the conditions of inland districts with those of the capitals. The judge of guarantees represents an achievement of utmost importance for the realization of human rights, being an essential element for a fairer and more humanized criminal process. Nevertheless, the specificities of its implementation pose significant challenges. In particular, in several districts where it is already extremely difficult to appoint a presiding judge, the designation of more than one magistrate proves, in practice, unfeasible. In light of this scenario, the present text proposes a comprehensive analysis of the current state of the implementation of judges of guarantees in some of the courts of the Northern Region.