O JUIZ DAS GARANTIAS E O CONTEXTO JURÍDICO-PENAL BRASILEIRO

Abstract

The present exposition aims to examine the legal and legislative aspects associated with the institution of the Guarantee Judge, introduced into the Code of Criminal Procedure by Law 13.964 of 2019, and the changes brought by it. It also seeks to analyze how this normative instrument fits into the daily application of national criminal laws, from legislative production to judicial interpretation. The legislative changes introduced by the normative text contained in Articles 3-A, 3-B, 3-C, 3-D, 3-E, and 3-F of the Code of Criminal Procedure will be analyzed. It is mandatory, when addressing this subject, to consider the rulings on Direct Actions of inconstitutionality 6.298, 6.299, 6.300, and 6.305, which were filed to resolve questions regarding the compatibility of the legislative update with constitutional principles, as well as how the Supreme Federal Court understood and determined that this legal instrument should be applied by the country's judicial bodies. Finally, it will assess the effectiveness and possible impacts of the legislative change, with a brief contextualization of the current state of criminal justice in Brazil. For a desirable development, the work will address the opinions upheld by the majority of experts on the topic, providing a didactic comparison between the three pillars of legal knowledge: doctrine, the normative text, and judicial bodies. During the analysis, it will be seen that, in some aspects, these pillars may disagree, but a solution is constructed for the norm's effectiveness.