O juiz de garantias e a paridade de armas entre as partes como efetivação do sistema acusatório

Abstract

This article aimed to analyze the changes that occurred in the Code of Criminal Procedure, through the enactment of Law 13.964 of 2019, which created the figure Judge of Guarantees as an enforcer of the accusatory system, guaranteeing the legality and equality of the parties in the process. Therefore, after a brief explanation about the criminal procedural systems, the structure of the Brazilian criminal procedure was analyzed, as well as the doctrinal controversies about the establishment of a procedural system, proceeding to the study of general aspects about the Judge of Guarantees and its role in the criminal prosecution of the accusatory system, with considerations on the relationship between the performance of the Judge and its relationship with the principle of impartiality. For the development of this work, the dialectical/deductive method was used, with bibliographical and jurisprudential researches and articles from virtual sites. After the research, it was reached the conclusion that the implementation of the Guarantees Judge is a guaranteeing milestone that strengthens the principle of impartiality and, therefore, makes the equality between the procedural parties effective.