A importância do Juiz das Garantias à luz da teoria da dissonância cognitiva

Abstract

The present article analyzes the importance of the judge of guarantees in the Brazilian criminal procedure system, examining its theoretical foundation in light of cognitive dissonance theory. The research demonstrates how this institute aims to ensure Judicial Impartiality through the separation of the magistrate who acts in the investigative phase from the one who follows the procedural phase, responsible for judging the case. In summary, the study confirms that the Judge of Guarantees is a necessary and appropriate institutional response to the cognitive challenges identified by cognitive dissonance theory within criminal proceedings. Its effective implementation represents not only a procedural advancement but also a substantial deepening of constitutional protection, ensuring that criminal judgments occur under epistemic conditions compatible with substantive impartiality, effective adversarial proceedings, and the real presumption of innocence. The consolidation of this institution is, therefore, imperative for the full realization of the accusatory model and for strengthening the Democratic Rule of Law in Brazil.