Micheli Pilau de Oliveira

Criminal Procedural Systems and the Brazilian Mixed System Micheli Pilau de Oliveira

The book addresses the creation of the Judge of Guarantees, introduced to the legal system by Law No. 13,964, of December 24, 2019, and the modifications to the Code of Criminal Procedure, discussing the accusatorial structure that is intended to see consolidated by the reform to the CPP. The northern problem is to seek to understand how the judge of guarantees (articles 3-A to 3-F of the CPP) is installed to promote the accusatorial structuring of the Brazilian criminal procedure system. Initially, the instrumentality of the criminal procedure is discussed, which in the light of the 1988 Federal Constitution is the main foundation for its existence. The foundations, origin and incorporation of the judge of guarantees to the Brazilian legal system will also be approached, pointing out the first world judgments regarding the judge's impartiality by the European Court of Human Rights.