The analysis of ADI'S 6.298, 6.299, 6.300 and 6.305 and the judge's insertion of guarantees from the perspective of machadian literature

Abstract

This present article aims to analyze the formal constitutionality of Law No. 13.964/2019, known as the "Anti-Crime Package", which introduced the judge of guarantees, a judicial figure responsible for controlling the legality of criminal investigation acts. At the same time, the research will use Dom Casmurro syndrome as an analogy to highlight the importance of a fair and impartial trial, guaranteeing the fundamental rights of those investigated. With the advent of the law, Direct Unconstitutionality Actions were proposed seeking recognition of the incompatibility of some institutes with the Brazilian legal order. The research followed the deductive method typical of legal research, based on bibliographic review and documentary analysis. Therefore, the study focuses on the foundations that legitimize the constitutionality of the judge's guarantees, in line with the federative pact and the guarantee of a natural and impartial judge. The results indicate that the aforementioned syndrome should be excluded from the Criminal Procedure Code, as criminal justice requires concrete evidence and respect for the rights of all parties. Convictions based solely on personal suspicions or convictions would be unfair and ineffective. It is concluded that the Guarantee Judge plays a crucial role in preventing this syndrome, by separating phases and functions, promoting contradiction and strengthening impartiality. This contributes to a fairer legal environment, based on evidence and arguments, reducing the risk of impartiality and biased interpretations.