O juiz das garantias: a imparcialidade do juiz no projeto de reforma do processo penal brasileiro

Abstract

This current monograph intends to deal with the institute of the judge of guarantees within the purview of the police investigations, created by the Code of Criminal Procedure’s reformation project, and its adequacy in the face of the accusatory system and constitutional principles, especially the judge’s objective and subjective impartiality. Therefore, will be presented a multidisciplinary study, covering elements from the Criminal Law, Criminal Procedure and Constitutional Law. At first, it intends to show the classic procedural systems, pointing out the mismatch between what is proclaimed by the Constitutional law and the inquisitive traits of the current code. Then, it will be specifically entering the police investigation, demonstrating the taint in the judge’s impartiality arising out of the procedural rule of “prevention” and norms that assign investigative powers to the judge. The third chapter presents the figure of the judge of guarantees, attributions, legal effects and contrary positions to innovation. Furthermore, recognizes the compatibility of the aforesaid institute with the Constitution, to ensure the impartial role of the judge in a democratic state of law and the realization of a fair trial.