Minister Dias Toffoli, of the Federal Supreme Court (STF), said, this Thursday (22), that he will ask for a review of the process that deals with the constitutionality of the guarantees judge, a mechanism in which the magistrate responsible for the sentence is not the same which analyzes precautionary measures during criminal proceedings. The announcement was made by the Minister during the session in which the rapporteur of the case, Minister Luiz Fux, continues to vote on the validity of the mechanism. Toffoli said he must return the case for trial in August, after the Court’s scheduled July recess. During the session, Fux voted against the adoption of the guarantees judge. Despite the understanding, the reading has not ended and should be finalized in the next session, scheduled for Wednesday (28). Rapporteur So far, the rapporteur has understood that the section of the law that created the guarantees judge invaded competences and could not impose the changes without the consent of the Judiciary. According to Fux, the norm alters the organization of Justice. “The impugned devices violated the reserve of initiative of law attributed privately to the courts”, he stated. The minister also criticized the lack of budget impact studies and the structure of criminal justice. “By creating the impediment of a judge who acts in the investigation, the law forced all these units, overnight, to have two judges, doubling the social costs of providing justice”, he added. The adoption of the guarantees judge was expected to come into force on January 23, 2020, according to the anti-crime package approved by the National Congress. However, it was suspended by an injunction from Fux. Now, the case is decided definitively. Understand Among the various amendments to the Criminal Procedure Code (CPP), the anti-crime package established the guarantee judge, who is the magistrate who must act in the criminal investigation phase, deciding on all requests from the Public Ministry or the police authority that say regarding the investigation of a crime, such as, for example, breaches of secrecy or preventive arrests. He, however, cannot pass judgment. According to the new law, the performance of the guarantees judge ends after he decides whether to accept any complaint presented by the Public Prosecutor’s Office. If the accusatory piece is accepted, a criminal action is opened, in which another judge will act, who will be in charge of hearing the parties, studying the final allegations and pronouncing a sentence.
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