O PAPEL DO JUIZ DE GARANTIAS NA PROTEÇÃO DOS DIREITOS INDIVIDUAIS: uma análise jurídica

Abstract

This paper analyzes the role of the "judge of guarantees" in the Brazilian criminal procedural system, established by Law No. 13.964/2019. This examination is necessary due to the importance of ensuring the impartiality of the judge, preventing psychological contamination by participating in both the investigative phase and the trial. The aim of this study is to demonstrate the significance of separating the judge's functions in the pre-trial and trial phases to ensure a fair and balanced judgment. This goal is achieved through a bibliographic review encompassing legal doctrines and social psychology theories, such as cognitive dissonance and the primacy effect, which support the thesis of psychological influence on the judge. The research highlights that the implementation of the judge of guarantees strengthens the Brazilian accusatory system by promoting the protection of fundamental rights, although it still faces practical and legal challenges for its full application. The concluding remarks emphasize the need for further studies and adaptations in the judicial system to ensure the effective implementation of this role nationwide.