The need for the judge for guarantees and the exclusion of the police investigation from the procedural phase

the overcoming of the brazilian criminal procedure neoinquisitorialism

Abstract

The present study aimed to discuss the need for the existence of a judge of guarantees to overcome the adopted model of the Brazilian procedural system. Thus, the analysis of this text begins with the criminal procedural systems, first checking what a system consists of, and then the general characteristics of the inquisitorial system, the accusatory system and the so-called mixed system. In addition, it is analyzed in which system the Brazilian criminal procedure fits, presenting the position of the doctrine on the subject. The question is: What are the implications for the magistrate's cognitive originality in the light of the evidence taken from the police investigation to the trial phase of the process? In view of the recent reform promoted by Law 13,964/2019, it is analyzed what the enunciation of the accusatory structure of the Brazilian criminal procedure consists of, the creation of the judge of guarantees and the exclusion of the police investigation, demonstrating how these themes are interconnected in favor of a common goal – the search for a Brazilian constitutional and accusatory criminal process. The study was carried out based on a bibliographic survey, through the selection of literary works and writings on the subject, in a qualitative way and using inductive methods.