A figura do juiz de garantias e a imparcialidade no processo penal

Abstract

This article seeks to analyze the implementation of the guarantee judgment in the Brazilian criminal process, as a way to ensure the impartiality of the judge. The current model adopted by the penal procedure code, allows the judge to become aware of the evidence produced in the investigation phase, occurring a psychic contamination of the judge, considering that the principles of the adversary and wide defense are mitigated in this phase, causing a certain advantage for the prosecution. Thus, the judge creates certain conceptions about the cause which, later, becomes difficult to be overcome, as narrated by the theory of cognitive dissonance, applied in the criminal process. The experience compared with Latin countries, as in the case of Uruguay, shows that the implementation of the guarantee judgment is an important way to hinder the contamination of the judge, guaranteeing his impartiality. Brazil recently passed Law 13,964, which introduced the figure of the guarantee judgment in the criminal process. However, the Minister of the Supreme Federal Court, Luiz Fux in judgment of ADI 6298, suspended the implementation of the institute, arguing practical issues that would influence the structure of the Judiciary. Importantly, it should be noted that the decision was left to the STF plenary, and what is expected is its approval with the correct implementation of the guarantee judgment in the Brazilian criminal process, in order for the judge to be more impartial, ensuring that constitutional principles are respected.