A importância do juiz das garantias para a efetivação do princípio da imparcialidade do processo penal: reflexões a partir da teoria da dissonância cognitiva

Abstract

The present work sought to analyze the importance of the Judge of Guarantees for the effectiveness of the principle of impartiality in criminal proceedings, based on the Theory of Cognitive Dissonance, comprising the accusatory procedural system, some concepts, as well as the principle of impartiality. In addition to explaining about the institute of the Judge of Guarantees, brought to the Code of Criminal Procedure by the Anti-Crime Law, it was also addressed, from the Theory of Cognitive Dissonance, whether the Judge of Guarantees is another tool in the realization of the principle of Impartiality in criminal proceedings. In the development of this research, the deductive method of approach was used, with a method of analytical-descriptive procedure, using bibliographic, documentary and legislative research, as well as publications in the area of criminal law. The present research seeks to understand whether, based on the Theory of Cognitive Dissonance, the Judge of Guarantees, established by Law 13.964/2019, is important for impartiality in criminal proceedings. It is also intended to verify whether the establishment of the Judge of Guarantees would resolve the partiality brought by the figure of the singular Judge when acting throughout the criminal process, to combat erroneous and unethical postures of the judges, since responsible for the control of the criminal investigation, always caring for individual rights, becoming prevented from operating in the instruction and judgment of the same deed. The judge of guarantees would allow a greater effectiveness of the principle of impartiality, since what was worked on without contradictory in the investigative phase would remain there. The institute brought by the Anti-Crime Law comes in the sense of making the idea of impartiality even more effective, a pillar of an accusatory system and, even more, an important instrument in the search for a legitimate sentence (both for the prosecution and for the defense).