The guarantee judge and legality control in the police investigation

Abstract

Criminal investigations seek support in judicial oversight, which proves to be an important instrument in guaranteeing the rights of those under investigation during the police inquiry phase. Brazilian criminal procedural law ensures the legality of preliminary investigations, such as the requirement of just cause for opening a police inquiry. Thus, this institution must be understood from the perspective of the constitutional guarantees that govern the accusatory system. The principle of legality in the police inquiry is fundamental to ensuring the legitimacy of the criminal process as a whole, because when legal limits are observed during investigations, there is greater protection of the fundamental rights of the accused. In this sense, Law No. 13.964/2019, known as the Anti-Crime Package, introduced the figure of the judge of guarantees to the Code of Criminal Procedure, through articles 3, 3-A and 3-B. This judge has the responsibility of controlling the legality of investigations and safeguarding individual rights. Its jurisdiction covers all criminal offenses, except for minor offenses, crimes under the jurisdiction of the jury court, crimes under the original jurisdiction of the courts, and crimes of domestic and family violence against women, ceasing with the filing of the indictment or criminal complaint, since after the indictment is received, all other pending matters are decided by the judge of instruction and trial.