The constitutionality of the guarantees judge as an instrument for the effectiveness of the accusatory system
The aim is to address the issue of implementing the institute of the judge of guarantees in the Brazilian criminal process and how this will effectively privilege the accusatory principle. To this extent, the debate on criminal procedural systems and which of them is in fact the system adopted by Br...
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| Tipo de recurso: | artículo |
| Estado: | Versión publicada |
| Fecha de publicación: | 2024 |
| País: | Brasil |
| Institución: | Universidade Federal do Maranhão (UFMA) |
| Repositorio: | Revista Húmus |
| Idioma: | portugués |
| OAI Identifier: | oai:ojs2.periodicoseletronicos.ufma.br:article/24684 |
| Acceso en línea: | https://periodicoseletronicos.ufma.br/index.php/revistahumus/article/view/24684 |
| Access Level: | acceso abierto |
| Palabra clave: | Processo Penal Sistema acusatório Sistema inquisitório Juiz das garantias Imparcialidade do juiz Criminal proceedings Accusatory system Inquisition system Judge of guarantees Impartiality of the judge |
| Sumario: | The aim is to address the issue of implementing the institute of the judge of guarantees in the Brazilian criminal process and how this will effectively privilege the accusatory principle. To this extent, the debate on criminal procedural systems and which of them is in fact the system adopted by Brazil resumes a prominent position, making it necessary to observe the constitutional provisions regarding a democratic criminal process, privileging impartiality, due legal process and non- culpability. To make better use of the topic, the analysis of criminal procedural systems was addressed, which of them is effectively adopted by Brazil, as well as the implementation and judgment of the institute of the judge of guarantees by the Federal Supreme Court to, in the end, demonstrate that its recognition of constitutionality and its inclusion in the Brazilian criminal process will bring greater effectiveness to the accusatory principle, separating the functions of accusing and judging and ensuring that the judge is not contaminated by evidence produced in the context of the police investigation. |
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