THE JUDGMENT OF GUARANTEES AS AN IMPLEMENTER OF THE ACCUSATORY SYSTEM IN THE BRAZILIAN CODE OF CRIMINAL PROCEDURE

Abstract

The purpose of this scientifc article is to verify whether judicial impartiality will be ensured with the adoption of the Judge of Guarantees in the Brazilian Code of Criminal Procedure. To this end, the following problem was raised: does the judgment of guarantees implemented in the Brazilian criminal process contribute to efective judicial impartiality? Following was developed as a hypothesis: the judgment of guarantees in the Brazilian criminal process contributes to judicial impartiality. For this, we will address the existing criminal procedural systems. Subsequently, devices of the Brazilian Code of Criminal Procedure that contradict the criminal procedural system adopted by the Brazilian Magna Carta will be exemplifed. And, the Judgment of Guarantees itself will be presented. As for the Methodology employed, it is noted that in the Investigation Phase the Inductive Method was used and in the Data Treatment Phase the Cartesian Method. In the fnal considerations, it was concluded that the adoption of the judgment of guarantees in Brazil will contribute to the efectiveness of the accusatory system in criminal proceedings, as well as ensure judicial impartiality, given the equidistant posture of the judging Magistrate in relation to the evidence collected in the inquisitorial phase.