O juiz das garantias e seu papel no controle de legalidade na investigação preliminar

Abstract

The present undergraduate thesis deals with the new institute of the "Judge of Guarantees" and its respective importance in controlling the legality of criminal investigations, introduced by Law No. 13.964/2019 to the Brazilian Criminal Procedure Code. For this purpose, a research methodology of an exploratory nature was used, with a qualitative approach, including a bibliographic review of works related to criminal procedure and elements related to the central theme, along with an analysis of the current criminal procedural legislation, in addition to Law No. 13.964/2019 and Direct Actions of Unconstitutionality concerning the subject, in order to raise discussion about the different existing criminal procedural systems, as well as the different forms of evidentiary production related to each of them. In parallel, considerations were made regarding the Theory of Criminal Evidence in order to distinguish between informative elements and those of conviction – responsible for consolidating criminal evidence in its full sense. Furthermore, the objective was to discuss the attributions and competences conferred to the Judge of Guarantees by the legislation, in order to make a comparison with what was decided by the Supreme Court, with the recognition of the constitutionality of the matter in the judgment of ADIs No. 6298, 6299, 6300, and 6305. In conclusion, it aimed to recognize the importance of the Judge of Guarantees as a conservative means of impartiality and procedural form, in order to create a context in which criminal proceedings align with individual guarantees and the premises derived from an accusatorial system.