The judge's (im)partiality in case of rescission of non-criminal prosecution agreement front the suspension of the effectiveness of the judge of guarantees

Abstract

The principle of impartiality aims to avoid contamination of the members of the judiciary in order to guarantee the delivery of fair and objective judicial sentences, and in order to support this principle, several rules emerged, among them, Law n. 13.964/2019, which established the figure of the judge of guarantees who would have as one of his functions, set out in its article 3-B, XVII, to decide on the approval of the non-prosecution criminal agreement (ANPP). This article, however, is suspended, so that, the objective is to analyze the observance of the principle of impartiality of the judge, considering that the same judge who approved the ANPP, in case of termination of the agreement, will pronounce the sentence. Therefore, the research methodology used was a literature review and jurisprudential analysis, with a deductive approach, providing the nature of the ANPP, the confession of the investigated as a requirement for the formulation of the agreement, as well as the possible contamination of the judge. With this, the results showed that the judge who approved the non-prosecution agreement may have his impartiality affected, so that he should not judge the case later in case of termination of the agreement, being necessary, to preserve the impartiality of the judge, the implementation of the judge of guarantees.