O papel do juiz das garantias na consolidação do sistema acusatório brasileiro

Abstract

The 1988 Constitution elected, even by an implicitly way, the accusatory system for the structuring of the criminal procredure system of the Brazilian Democratic State. However, our code of criminal process, created in 1941 by the aegis of Vargas New State s dictatorship, although has been substantially changed in the past years (by scattered laws), still keeps remnants of its policing origin, because it co-exist and intermingles with several procedural trends, namely: inquisitive nature devices and elements of prosecutorial bias. Fails to meet, therefore, the burden of responsibility of the constitutionally established rights and fundamental transformation of social reality. As a way of remedying the inconsistencies occurred, there is urgent need for a new code, in tune with the democratic State and sufficiently suitable to the enforcement of fundamental rights. In this study, we examine the advances brought by the Draft Code of Criminal Procedure (PL 156/09) in the National Congress, with emphasis on the figure of the judge of the guarantees, perhaps the biggest change, whose main mission is managements handling of the investigation stage and the exercise of judicial functions alluding to the immediate and direct supervision of the personal inviolability of the (alleged) indicted. We analyze therefore the characteristics involved in this character, and the benefits that will print in the systematic procedural changes undertaken in her principies, and fundamentais that sustain him. The prediction of a judge of guarantees, far from constituting backward in time, makes the Judiciary perfect, enhances the democratic rule of law ensures, the effective protection of fundamental rights and permits, in concrete terms, the consecration of the adversarial system in Brazil.