2023-06-29 01:43:28
So far, only the rapporteur, Luiz Fux, has voted and considered the guarantee judge model defined by the 2019 Anti-Crime Package to be unconstitutional
Nelson Jr./SCO/STF Toffoli asked to see the STF judgment on the guarantees judge
The Federal Supreme Court (STF) set for August 9 the resumption of the judgment on the constitutionality of the guarantees judge, a mechanism that prevents the magistrate responsible for the sentence from being the same one who analyzes precautionary measures during the criminal process. The session will be held after the inauguration of the new minister, Cristiano Zanin, which is scheduled for the 3rd of the same month. This trial began on the 14th, but toffoli days requested early review and postponed the outcome of the trial. So far, only the rapporteur, Luiz Fuxvoted and considered the guarantees judge model defined by the 2019 Anti-Crime Package to be unconstitutional. and budget.
In addition, the minister mentioned that the Constitution defined that the number of judges in the jurisdictional units must be proportional to the effective judicial demand and the respective population. “Forcing all counties in the country to have an authority competent to process investigations, but incompetent for the subsequent criminal action, manifestly violates the aforementioned norm, in addition to confronting the exclusive competence of the Judiciary of the states and of the Union in the initiative of laws on the matter itself,” he said. In the various changes that the Code of Criminal Procedure underwent, the anti-crime package determined the implementation of the guarantee judge, who is the magistrate who must act in the criminal investigation phase. He decides on all requests made by the Public Ministry or by the police authority that refer to the investigation of a crime. He, however, cannot pass sentence.
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