Reformas Judiciais e ativismo no juiz de garantias como instrumento de efetivação da justiça

Abstract

This study examines the role of judicial activism in the context of the introduction of the judge of guarantees in the Brazilian legal system, an innovative model brought by Law No. 13,964/2019, known as the “Anti-Crime Package.” The research stems from the central problem: how can judicial activism facilitate or hinder the implementation of procedural reforms, such as the judge of guarantees, in a legal system marked by structural and cultural challenges? The main objective of the study is to analyze the impacts of judicial activism on the implementation and effectiveness of the judge of guarantees in Brazil, as well as to investigate its implications for the fundamental rights of defendants and the separation of powers within the national legal context. The research adopts a multidisciplinary approach, combining legal, political, and social analyses. The methodology includes a comprehensive literature review on judicial activism, theoretical studies, jurisprudential analyses, and empirical research reports. Additionally, interviews will be conducted with professionals in the justice system, such as judges, prosecutors, lawyers, and academics, to gather practical perspectives and expert opinions on the subject. The analysis explores how judicial activism can both promote and hinder the effectiveness of the judge of guarantees, considering that proactive judicial intervention raises debates about the separation of powers, the autonomy, and the legitimacy of judicial decisions in a Democratic Rule of Law. The study also discusses the constitutional foundations and the role of the judge of guarantees as a protector of fundamental rights, ensuring the impartiality of judgments by dividing the investigation and trial phases. Finally, the study examines how judicial activism has influenced the Supreme Federal Court (STF) in significant decisions regarding the implementation of the judge of guarantees, reflecting on the effects of these decisions on the structure and functioning of the Brazilian criminal justice system. Based on the analyses conducted, suggestions are proposed to improve the application of the judge of guarantees, strengthening the principles of impartiality, legal certainty, and respect for constitutional rights in Brazil.