The introduction of the guarantee judge in Brazil and the electronic police inquiry
A “judge of guarantees” is a magistrate who acts only in the investigation phase, assessing the legality of the acts and deciding personal and real precautionary measures. Its adoption seeks to avoid psychological contamination of the magistrate, who will judge an eventual process. Introduced in Bra...
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| Format: | Article |
| Language: | English |
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Instituto Brasileiro de Direito Processual Penal
2020-03-01
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| Series: | Revista Brasileira de Direito Processual Penal |
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| Online Access: | http://www.ibraspp.com.br/revista/index.php/RBDPP/article/view/329 |
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| author | Rodrigo Régnier Chemim Guimarães Sarah Ribeiro |
| author_facet | Rodrigo Régnier Chemim Guimarães Sarah Ribeiro |
| author_sort | Rodrigo Régnier Chemim Guimarães |
| collection | DOAJ |
| description | A “judge of guarantees” is a magistrate who acts only in the investigation phase, assessing the legality of the acts and deciding personal and real precautionary measures. Its adoption seeks to avoid psychological contamination of the magistrate, who will judge an eventual process. Introduced in Brazil by Law 13.964/2019, it is being challenged in four direct actions of unconstitutionality. In a preliminary decision, minister Fux accepted the intention to suspend the rules included in the Code of Criminal Procedure, for an indefinite period. Among them, art. 3º-D, which proposes the creation of a system of rotation of magistrates in the counties where only one judge works, as a solution to make the presence of the “judge of guarantees” feasible in the interior of the country. The central argument for this decision was the undue interference of the Legislative Power in the budgetary autonomy and self-management of the Judiciary, added, both to the high cost of hiring new magistrates, prosecutors, police officers and public defenders, as well as the routine expenses with daily physical displacement of these professionals. This article aims to present the adoption of the electronic police inquiry as a mitigation for the costs of implantation of the “judge of guarantees” in Brazil, neutralizing the discussion of the constitutionality of art. 3rd-D in the Federal Supreme Court. |
| format | Article |
| id | doaj-art-e271cc376e974aae8162bfe00dbdadf9 |
| institution | Kabale University |
| issn | 2525-510X |
| language | English |
| publishDate | 2020-03-01 |
| publisher | Instituto Brasileiro de Direito Processual Penal |
| record_format | Article |
| series | Revista Brasileira de Direito Processual Penal |
| spelling | doaj-art-e271cc376e974aae8162bfe00dbdadf92025-08-20T03:39:27ZengInstituto Brasileiro de Direito Processual PenalRevista Brasileira de Direito Processual Penal2525-510X2020-03-016114717410.22197/rbdpp.v6i1.329167The introduction of the guarantee judge in Brazil and the electronic police inquiryRodrigo Régnier Chemim Guimarães0Sarah Ribeiro1Universidade Positivo – Curitiba/PRFundação Escola do Ministério Público do Estado do Paraná – Curitiba/PR, BrasilA “judge of guarantees” is a magistrate who acts only in the investigation phase, assessing the legality of the acts and deciding personal and real precautionary measures. Its adoption seeks to avoid psychological contamination of the magistrate, who will judge an eventual process. Introduced in Brazil by Law 13.964/2019, it is being challenged in four direct actions of unconstitutionality. In a preliminary decision, minister Fux accepted the intention to suspend the rules included in the Code of Criminal Procedure, for an indefinite period. Among them, art. 3º-D, which proposes the creation of a system of rotation of magistrates in the counties where only one judge works, as a solution to make the presence of the “judge of guarantees” feasible in the interior of the country. The central argument for this decision was the undue interference of the Legislative Power in the budgetary autonomy and self-management of the Judiciary, added, both to the high cost of hiring new magistrates, prosecutors, police officers and public defenders, as well as the routine expenses with daily physical displacement of these professionals. This article aims to present the adoption of the electronic police inquiry as a mitigation for the costs of implantation of the “judge of guarantees” in Brazil, neutralizing the discussion of the constitutionality of art. 3rd-D in the Federal Supreme Court.http://www.ibraspp.com.br/revista/index.php/RBDPP/article/view/329inquérito policialinvestigação policialjuiz das garantiasinquérito policial eletrônico. |
| spellingShingle | Rodrigo Régnier Chemim Guimarães Sarah Ribeiro The introduction of the guarantee judge in Brazil and the electronic police inquiry Revista Brasileira de Direito Processual Penal inquérito policial investigação policial juiz das garantias inquérito policial eletrônico. |
| title | The introduction of the guarantee judge in Brazil and the electronic police inquiry |
| title_full | The introduction of the guarantee judge in Brazil and the electronic police inquiry |
| title_fullStr | The introduction of the guarantee judge in Brazil and the electronic police inquiry |
| title_full_unstemmed | The introduction of the guarantee judge in Brazil and the electronic police inquiry |
| title_short | The introduction of the guarantee judge in Brazil and the electronic police inquiry |
| title_sort | introduction of the guarantee judge in brazil and the electronic police inquiry |
| topic | inquérito policial investigação policial juiz das garantias inquérito policial eletrônico. |
| url | http://www.ibraspp.com.br/revista/index.php/RBDPP/article/view/329 |
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