A IMPLEMENTAÇÃO DO JUIZ DAS GARANTIAS SOB A ÓTICA DO SISTEMA ACUSATÓRIO E DA TEORIA DA DISSONÂNCIA COGNITIVA: FUNDAMENTOS PARA UMA JUSTIÇA IMPARCIAL NO PROCESSO PENAL BRASIEIRO

Abstract

This paper aims to analyze the implementation of the judge of guarantees in Brazilian criminal procedure, through the lens of the accusatory system and cognitive dissonance theory. It begins with the historical evolution of criminal procedural models— inquisitorial, accusatory, and mixed—to understand the challenges of consolidating the accusatory model in Brazil. The study also examines the influence of psychological factors on the decision-making process, highlighting cognitive dissonance theory as an element that may compromise the impartiality of the judge. In this context, the judge of guarantees emerges as an institutional safeguard for judicial impartiality, limiting the judge's role during the investigative phase. The research further addresses the judgments of ADIs No. 6.298, 6.299, 6.300, and 6.305, in which the Federal Supreme Court recognized the constitutionality of the institute, while modulating its implementation effects. The study concludes that the judge of guarantees represents a democratic and civilizational advancement, reinforcing impartiality and ensuring greater balance in the Brazilian criminal justice process. The methodology adopted for this work consists of a qualitative bibliographic research approach with a deductive focus. The study was conducted using primary and secondary sources, including books, academic articles, legislation, doctrines, and jurisprudence, aiming to provide an in-depth analysis of the systematically accusatory model and cognitive distortions theory, which may compromise the neutrality of the judge.