Juiz das garantias como potencializador da imparcialidade do magistrado no processo penal brasileiro: análise sobre as origens e viabilidade do instituto à luz da lei n. 13.964/2019

Abstract

Law 13.964/19 formally inserted the figure of the guarantees judge in the Brazilian Criminal Procedure. This institute aims to strengthen the principle of impartiality of the judge and has long been used in countries of Latin origin. We sought to investigate the legal, historical and psychosocial reasons that justify its implementation in the national context, mainly with regard to the ability to reduce the cognitive views of judges (as a mechanism to maximize impartiality) and the successful experiences of foreign law. The challenges for its implementation in the system of the Brazilian judiciary were also discussed, essentially with regard to the efforts of the Working Group of the National Council of Justice inaugurated by Portaria 214/2019. The research was carried out through the analysis of national and foreign doctrine, legislation and jurisprudence. It was concluded that the implementation of the figure of the guarantees judge is supported by psychological theories, by the vast doctrine and by its success in the legislation of other countries protected by civil law. It was also found that the institute encounters multiple challenges to its actual implementation in the Brazilian justice system, which will require a special action by the Judiciary for the execution of the legal command.