A implementação do juiz de garantias no Brasil

Abstract

The Brazilian Criminal Procedure Code, long considered outdated by academia, underwent a significant change in 2019 with the creation of the Guarantee Judge. However, shortly after its approval, the law's effectiveness was suspended by the Supreme Federal Court, as it was deemed unconstitutional. Its constitutionality was only confirmed in 2023, allowing its implementation throughout Brazil. Thus, this work aims, from this starting point, to explore how this implementation is taking place. The first chapters thus address the theoretical basis of the Guarantee Judge, as well as its prior implementation in several countries around the world. Then, after a brief history of the proposal in Brazil, the text of Law 13.964/19, which established the position, will be analyzed, as well as the decisions in the Supreme Federal Court that consecutively suspended and allowed its application. Finally, the administrative decisions that, based on the text of the law and the court's interpretation, attempt to establish this new procedural system in Brazil will be analyzed