Is the judge of guarantees in criminal proceedings a garante of impartiality?

Abstract

This article aims to present a brief study on the figure of the guarantee judge, with regard to the impartiality of the judge in criminal proceedings, which was instituted by Law 13694/19, called the “Anti-Crime Package”. For many years, there have been discussions about the pro-cedurais systems in the Brazilian criminal procedure accusatory. There is even more discussion about the compromise in implementing the principle of impartiality, as a constitutional guaran-tee in criminal proceedings, since the judge acting from the inquisitorial phase, granting pre-cautionary measures such as telephone interceptions, search and seizure warrants, requesting data of tax secrecy, is the one who judges the merits of the evidence produced during the cri-minal investigation for the eventual delivery of a sentence. With the figure of the judge of guarantees, the separation and limitation of competences of the magistrates is sought, thus, one will be active only in the inquisitorial phase, while another, in an eventual criminal action. In the end, it can be concluded that the institution of the guarantee judge, implements due constitutional criminal process and favors the impartiality of the judge. The methodology used was a bibliography, review addressing the topic with a systemic organization.