The constitutionality of the creation of the guarantee judge by the 13.964/19 Law in face of ADI n.º 6.298

Authors

  • Vinícius Wildner Zambiasi Universidade de Coimbra e UNIVEL
  • Mateus Florencio

DOI:

https://doi.org/10.55839/2358-7008RCDv12n1pa42-62

Abstract

This article analyzes the constitutionality and the impacts of changes in Law no. 13,964 / 19 in the Criminal Procedure Code caused by the creation of the Guarantee Judge. Based on this, it is investigated how this criminal procedural alteration can influence the construction of an effectively accusatory procedural model in Brazil, since the aforementioned figure aims to create conditions that allow the magistrate responsible for the judgment to move further away from the case, preliminary investigation and preserving the impartiality. Thus, through the bibliographic analysis and the conflicting understandings, the (un) constitutionality of the measure is explored, as well as its effect on the construction of the accusatory model.

Published

2024-12-20

How to Cite

Wildner Zambiasi, V., & Florencio, M. . (2024). The constitutionality of the creation of the guarantee judge by the 13.964/19 Law in face of ADI n.º 6.298. Reflection and Critique Law Magazine, 12(1). https://doi.org/10.55839/2358-7008RCDv12n1pa42-62