The fundamental right of access to justice and the factual counterpoint

Abstract

The criminal procedurais systems presuppose the adoption of constitutional guidelines and norms of each state, for adaptation to the concrete case. In Brazil, given the antiquity and contradictions of its current code, the legislation is in need of improvement. With the advent of the Anti-Crime Package, especially with regard to the guarantee judge, the thesis was legally established that the Brazilian criminal procedure should be governed by the accusatory system. All this, related to the implementation of a guarantor judge who is primarily responsible for controlling the legality of the criminal investigation and safeguarding individual rights. In this environment, the rationale that the institute would be the best way to implement the principle of impartiality, as a fundamental attribute of the jurisdictional exercise of the state, is consistent. In addition, the system will cause significant impacts on the procedural scenario, which must be taken into account to guarantee the effectiveness of the jurisdictional provision and the reasonable duration of the process.