O limite da competência do juiz de garantias brasileiro: um diálogo entre o sistema acusatório e o Supremo Tribunal Federal após julgamento da ADI 6.298

Abstract

This article focuses on analyzing the jurisdiction and operational limits of the “Juiz de Garantias” in the Brazilian legal system, considering the introduction of the role by the 2019 “Pacote Anticrime” and subsequent rulings by the brazilian Supreme Federal Court, particularly in ADI 6.298. The research adopts a qualitative methodology, with doctrinal, legislative, and jurisprudential analysis, aiming to understand the impact of implementing the Guarantee Judge on the Brazilian criminal procedure. The theoretical foundations that justify the creation of this new legal figure and its compatibility with the accusatory system are discussed, highlighting how the Guarantee Judge (“Juiz de Garantias”) aligns with the principles of impartiality, efficiency, and protection of fundamental rights. It is then demonstrated how these elements are addressed by the Federal Supreme Court in the “ADI “ (“Ação Declaratória de Inconstitucionalidade”) 6.298 ruling, focusing on the limitation of the Guarantee Judge's jurisdiction. The results indicate that, although the Federal Supreme Court rhetorically supports the guidelines of the accusatory system, its decision-making practice shows a tendency to maintain the judge's participation in the evidence-gathering process. Furthermore, under the dynamic proposed by the Guarantee Judge in the “Anti-Crime Package” (“Pacote Anticrime”) the trial judge is still granted access to the investigative dossier, under the pretext of the presumption of impartiality. Thus, the incompatibility between the brazilian Supreme Court's decision in ADI 6.298 and the accusatory system in criminal procedure is evident, within a context of fostering a "mixed" criminal procedure.