Brazilian criminal system: accusatorial or inquisitorial? Criticisms of the decision rendered

Brazilian criminal system: accusatorial or inquisitorial? Criticisms of the decision rendered in the records of the Precautionary Measure in ADI 6.298 DF.

Sérgio Alves Teixeira Júnior

The main objective of this article is to analyze the decision rendered in the proceedings of the Precautionary Measure in ADI 6,298 DF, which addresses changes in the Brazilian criminal justice system related to the figure of the judge of guarantees. Through the review of academic works, articles, judicial decisions, and critical analyses, this research considered different perspectives on the nature of the criminal justice system, as well as criticisms and arguments regarding the decision in ADI 6,298 DF. From this study, it was found that the decision in ADI 6,298 DF raised a series of relevant issues regarding the compliance of the proposed changes with the Federal Constitution, including concerns about the violation of the federal pact and the absence of prior budget allocation. The criticisms presented by various authors and experts demonstrate the complexity of the subject and the need for a more in-depth debate on the reform of the criminal justice system in Brazil.

Keywords: Brazilian Criminal Justice System. Judge of Guarantees. Direct Action of Unconstitutionality. Inquisition.