Juiz de garantias: da implantação à suspensão – uma discussão

Abstract

The anti-crime law is part of the instruments of criminal procedural reform in the Brazilian legal system and brought an innovation called the guarantee judge, which provided a discussion about that of the institute, through a constitutionality control action. The guarantees judge becomes responsible for controlling legality within the police investigation, that is, within the 1st degree of jurisdiction there will be two magistrates, one for the investigation and the other for instruction and judgment. Thus, we seek to analyze the institute under the focus of ADis nº 6.298, 6.299, 6.300 and 6305 in course at the STF and which gave rise to the suspension of the guarantee judge. The research also brings favorable and unfavorable positions on the existence of the guarantee judge. As for the methodological aspect, the work is based on a bibliographic research, of text review, at the same time that the researcher's subjective considerations regarding the guarantee judge arise.