O juízo das garantias no sistema acusatório: uma análise da imparcialidade pretendida pela jurisdição a partir da Constituição Federal de 1988

Abstract

This article seeks to understand the teleology that underlies the institute of the judgment of guarantees, especially in terms of its importance in the implementation of a procedural system genuinely with an accusatory structure, as well as to demonstrate that the understanding of the principle of impartiality of the magistrate, a fundamental guarantee of the accused, is inherent to the jurisdictional activity itself. Seeking refuge in the Cognitive Dissonance Theory, as well as in the studies developed by Bernd Schunemman, this work will demonstrate how the figure of the judge of guarantees aims to preserve impartiality and concretize the accusatory system. Finally, the arguments brought by the ADI 6.298, which support the formal and material defect of articles 3-A to 3-F, will be analyzed, in order to attest whether they are capable of sustaining the unconstitutionality of the contested legislation.