A função do juiz das garantias no amparo aos direitos fundamentais do acusado no processo penal brasileiro.

Abstract

The present monographic work focuses on the preservation of the fundamental rights of the accused in the criminal investigation, as well as in the Brazilian Criminal Procedure, through the application of the Institute of the Judge of Guarantees. The aim is to understand how the magistrate's intervention in the pre-procedural phase of the Brazilian Criminal Procedure affects the fundamental rights of the accused, and how these can be safeguarded. In this context, it is questioned: the application of the Judge of Guarantees in Brazil will safeguard the guarantees, in particular, the fundamental rights of the accused, in the pre-procedural phase of the criminal procedure, thus guaranteeing that this stage of the process is even more congruent with the procedural system adopted in Brazil, that is, the accusatory? To handle this task, the deductive method is used, through bibliographical research of qualified material within the proposed theme. Based on the analysis of the inclusion of fundamental rights in the evolutionary historical process of Brazilian constitutions, the study of the adopted Brazilian penal system and the application of this system in concrete cases, it appears that the rights and guarantees of the accused are not guaranteed in their entirety by the magistrate, who should ensure their protection. Thus, in view of the positive and negative points studied about the Juiz das Garantias institute, it can be said that, although it needs improved studies for its implementation, especially in relation to logistics, the institute, if adopted in its entirety, will be of great value to guarantee the control of the legality of the investigation and the protection of rights and guarantees in the pre-procedural phase.