Juiz das garantias e imparcialidade no processo penal: uma análise das ADI’s 6.298, 6.299, 6.300 e 6.305 no STF

Abstract

This study seeks to analyze the creation of the Judge of Guarantees in the configuration designed and implemented by Law 13.964/19, as well as the justifications invoked for its institution in the Brazilian criminal process. Its effectiveness, however, was suspended by force of a preliminary injunction granted in actions that questioned the constitutionality of the subject before the Supreme Federal Court. In mid-2023, the Supreme Court recognized the constitutionality of the Judge of Guarantees, making specific adjustments that completely changed the legislator's initial idea. Thus, using the analytical-descriptive method, through bibliographic and legislative research, we seek to present the proposal originally approved by Law 13.964/19, making a comparison with the final configuration of the institute based on the modifications and interpretations adopted by the STF in the judgment of the ADI's. The research conducted concludes that the implementation of the judge of guarantees based on the changes made by the STF maintained the previous bias of contamination of the investigating judge, thus compromising his impartiality and maintaining the system in force since 1941.