THE GUARANTEE JUDGE INSTITUTED BY LAW 13,964/2019, THE DECISION OF THE FEDERAL SUPREME COURT IN ADDIS 6298, 6299, 6300 AND 6305 AND THE REINFORCEMENT OF THE ACCUSATORY SYSTEM

Abstract

This work analyzes the impacts of the legislative change conveyed by the Anti-Crime Package Law in 2019. The specific focus of the work is to analyze the dimension of application of the institute of the right to guarantees established by said Law, as well as what the specific legal outlines were by the Federal Supreme Court on the institute in the context of concentrated control of constitutionality. The importance of analyzing the institute is highlighted given the great clarity with the application and guarantee of fundamental rights guaranteed to those investigated and defendants in criminal proceedings. The judge of guarantees, soon to be property, serves as an instrument to reinforce the accusatory system adopted by the Brazilian legal system in relation to the investigation and criminal procedural progress. The institute establishes solid pillars in an attempt to guarantee that judgments in criminal proceedings are carried out under the protection of rights, based on the implementation of a system that mitigates possible violations of the principle of natural justice.