By a judge of guarantees

Authors

  • Jader Marques

Keywords:

Anti-crime package, Judge of guarantees, Adversarial system, Due legal process, Equality of arms, Impartiality

Abstract

Law No. 13.964/19 brought numerous and significant changes to the Penal Code, Code of Criminal Procedure and Extravagant Penal Laws, after the unusual presentation of the so-called Anti-Crime Package by the Minister Sérgio Moro, even before taking office, going through a year of intense and fervent discussions with the legal community, to result in the approval of a substitute that mixed the work performed by the group of the Minister of the Supreme Federal Court (STF in Portuguese), Alexandre de Morais, with the negotiations made by a bloc of deputies that met to reduce damages. In two decisions, the STF suspended with a deadline, and then without a deadline, the validity of the paragraphs of art. 3rd, which instituted the adversarial system and the judge of guarantees. This essay proposes that defenders rise up against the provisions of the Criminal Procedure Code that would authorize the judge to act ex officio, even with the decision of suspension issued in the Direct Actions of Unconstitutionality in progress at the Supreme Court.

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Author Biography

Jader Marques

Advogado criminalista; especialista, mestre e doutor em direito.

Published

2020-06-01

How to Cite

MARQUES, J. By a judge of guarantees. Revista da Defensoria Pública do Estado do Rio Grande do Sul, Porto Alegre, n. 26, p. 502–515, 2020. Disponível em: https://revistadpers.emnuvens.com.br/defensoria/article/view/47. Acesso em: 12 nov. 2024.