Judge of guarantees in the search for maximum impartiality

Abstract

This article addresses the judge's institute of guarantees in the search for maximum impartiality, with a view to expanding the discussion on the relevance of the procedural institute in the Code of Criminal Procedure. Thus, the legal discussion before the adoption by the Federal Constitution of 1988 of an accusatory system in criminal proceedings, there remains the need to guarantee due process of law, based on effective contradictory and full defense to be analyzed by an impartial judge. In this context, the idea of the judge of guarantees arises, which expands fundamental rights and guarantees in the pre-procedural phase, bringing the effective principle of impartiality. Therefore, it was possible to conclude that the use of the institute seeks to control the legalities of criminal investigations and the preservation of the elements of information collected in this phase so that the investigating judge does not become contaminated with such elements, making sure that no personal interrogation interferes with his judgment. . For that, the qualitative research method was used, which includes the consultation and analysis of the Code of Criminal Procedure, scientific articles, doctrines and legal websites in order to bring consistent elements and explain the relevance of the subject in the protection of fundamental rights and guarantees.