1970-01-01 02:00:00
Today, Minister Roberto Barroso followed his colleagues in calling for the creation of a legal figure to be mandatory, considering that the law does not violate constitutional principles and that it was a valid choice by Congress on the subject.
Despite this, he considered that the model is not, in his opinion, the solution that faces the problems of the Brazilian penal system. Barroso recalled the issue of drugs – also on the agenda of the STF – and the incarceration of young black people to the detriment of white collar crimes, whose perpetrators are from higher social classes.
The Brazilian punitive system has an ambiguity. He is excessively punitive on the one hand and excessively lenient on the other – we oscillate between punitivism and impunity. And punitivism and impunity tend to have social class and color”
Roberto Barroso, Minister of the STF
Minister more aligned with the demands of the judiciary, Fux saw the judge’s discussion of guarantees as an expensive topic. In 2020, it was the minister who suspended the implementation of the model, holding the preliminary (provisional) decision that stopped the creation of the legal figure for more than three years.
Fux remains isolated in the plenary, being the only vote so far against the obligation of the guarantee judge. For him, the law that instituted the model invaded the powers of the Judiciary and the installation of the legal figure should be optional.
The judge of guarantees is nothing more than a seductive name for a clause that will undermine the constitutional guarantee of the reasonable duration of proceedings, of access to Justice for the normativity of fundamental rights.
Luiz Fux, Minister of the STF
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