The institute of the judge of guarantees as an improvement of the Brazilian criminal justice system

Sérgio Alves Teixeira Júnior

ABSTRACT

The study aims to analyze the Institute of the Judge of Guarantees as an improvement to the Brazilian criminal justice system and criminal procedure, investigating how its implementation influences impartiality, expeditiousness, and the protection of the fundamental rights of those involved. A bibliographic, descriptive, and qualitative approach study was conducted, based on research conducted on the subject, including books and articles. The Judge of Guarantees was shown as a way to strengthen the Brazilian accusatory system; however, it encountered formal and material defects that hindered its implementation at this time, including: violation of the Federal Constitution of 1988 due to competency and legislative initiative defects; violation of the federal pact; violation of the principles of the natural judge, equality, and legal certainty; violation of Article 169, §1 of the Federal Constitution of 1988, due to the necessary increase in expenses without corresponding budgetary provision. These defects led to the indefinite suspension of this jurisdictional body.

Keywords: Democratic Rule of Law. Anti-Crime Pack. Warranty Judge.