Juiz de garantias sobre a perspectiva legal e a conformação dada pelo Supremo Tribunal Federal

• Ano de defesa: 2024
• Autor(a) principal: Terçarolli, André Fini
• Orientador(a): Demercian, Pedro Henrique
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Pontifícia Universidade Católica de São Paulo
• Programa de Pós-Graduação: Programa de Pós-Graduação em Direito
• Departamento: Faculdade de Direito
• País: Brasil
• Palavras-chave em Português: Imparcialidade do julgador; Efeitos negativos da prevenção; Juiz de garantias; Preservação da cognição; Equilíbrio do Sistema Processual
• Palavras-chave em Inglês: Impartiality of the judge; Negative effects of prevention; Guarantee judge; Preservation of cognition; Balance of the Procedural System
• Área do conhecimento CNPq: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://repositorio.pucsp.br/jspui/handle/handle/41231

During the preliminary investigation stage, the judge is summoned to make a series of decisions, as well as having contact with the elements of information produced unilaterally without contradiction, circumstances suitable for creating a greater predilection for that thesis that is being constructed. Even if, unconsciously and involuntarily, the judge creates a predilection in that direction of the line that has been developed by the preliminary investigation. This situation is aggravated when the judge is called upon to make precautionary decisions during the investigation phase, in which case he will have to analyze assumptions close to those of culpability. In this context, the present work seeks to analyze such effects, whether through decision-making or simple contact with the data collected in the investigation, with regard to the impartiality of the judge when handing down the sentence. Based on this premise, based on decisions handed down by the European Court of Human Rights and the theory of cognitive dissonance, the work outlines a line of thoughts on the negative effects arising from the judge's proximity to those elements during the procedural phase. On the other hand, aiming to minimize possible risks to impartiality, the new procedural subject established by Law no. 13,964/2019, called judge of guarantees, which functionally separates the two major stages of Brazilian criminal prosecution between different judges, in order to prevent the judge who intervened in the preliminary investigation from also acting in the investigation and trial phase. After an analysis of the structure offered by the law to the judge of guarantees, care was taken to verify the direct reflections of the judgment handed down by the Federal Supreme Court in the context of Direct Constitutionality Actions, bringing a new look to the institute distanced from legal parameters