ANÁLISE JURÍDICA DA IMPLEMENTAÇÃO DO JUIZ DAS GARANTIAS NO TRIBUNAL DE JUSTIÇA DO ESTADO DE MATO GROSSO DO SUL

Abstract

The judge of guarantees is a new figure in the criminal justice system, whose main focus is on acting and exercising control during the police investigation phase. This role was introduced as part of the anti-crime package, which created the need for a distinct role in criminal proceedings. With the introduction of the judge of guarantees, who acts until the complaint is received, another judge emerged, that of the criminal investigation. Given the need to allocate and act on these judges, Direct Unconstitutionality Actions Nos. 6,298, 6,299, 6,300, and 6,305 were filed against the introduction of the figure of the judge of guarantees. In 2023, the Federal Supreme Court ruled that the role of the judge of guarantees was constitutional, with regulations in accordance with the Constitution, and determined that the Courts of Justice should implement this role within two years. This raises the following question: to what extent are the resolutions of the Court of Justice of the State of Mato Grosso do Sul regulating the judge of guarantees in line with the STF's decision? To answer this research question, we will use the deductive method, bibliographic and documentary research, analyzing the resolutions of the TJMS on the implementation of the judge of guarantees, in order to analyze its regulation.