A viabilidade do juiz das garantias no ordenamento jurídico brasileiro

Abstract

The current course conclusion work has the power to elucidate the institution of the Judge of Guarantees in all its spheres, starting from a legal, doctrinal and jurisprudential analysis, in an attempt to explain the dictates of such institute. We sought to build an article addressing various aspects about the judges of guarantees, including concept, legal framework, dealing with theoretical and practical points which can enable its implementation in our system. A brief summary of the criminal procedural system adopted by the Brazilian Federal Constitution of 1988 will be presented, with the focus on highlighting the principled apparatus, which proves to be fundamental in understanding the implementation. That said, the arguments against and in favor of the Judge of the guarantees in the Brazilian legal system will also be analyzed, ending with the figure of the vacatio legis, fighting for its expansion as a way of adjusting the implantation of the institute.