Juiz das Garantias: uma análise a respeito das controvérsias de sua aplicação na legislação penal brasileira

Abstract

The objective of this article is to develop an analysis regarding the pragmatic and doctrinal placements and development, from the emergence of the institute of the judge of guarantees, with the advent of the project to reform the Criminal Procedural Code, as well as the Anti-Crime Package. Although it is a new figure that forms part of the current Brazilian legal system, in particular, criminal procedural legislation regarding the pre-procedural phases, it has countless particularities and details that point to possible legislative inconsistencies. It is therefore proposed to discuss its historical context in order to show the consequences of the establishment of this institute. At the end of the study, it was found that the fact is that the judge of guarantees brings with him numerous modifications to the current Brazilian criminal procedural system, but that, above all, we need to exercise caution so that the necessary legislative renewals are carried out.