A atuação do julgador no processo penal constitucional : o juiz de garantias como um redutor de danos da fase de investigação preliminar

Abstract

Nowadays a tough battle is held on Penal Process. The expansion on debates seen on the mass Communication Systems about Penal Process has made it to become popular, the desire for punishment and reprimand has been taking up more space on the communication vehicles and on the criminal process pages, which demands that our democratic structure is followed more than never and this also requires that the constitutional reform to the penal process is not put off anymore. As a new approach to comprehend the process situation is developed, we should also evaluate the judge's role. It is undeniable the power given to whom is judging, which has clear importance to any reform to the penal process. That defines judge's role in a penal process, thereafter to analyze the judge, his influences, his subjectvities and the way it can affect the judgment we will have for this country. It is a must to shift the problem to the preliminary investigation as this is the moment when individual guarantees established constitutionally are less observed although it is when proofs that will influence the judge the most are produced , Therefore preliminary investigation has to be modified to fit to what is defined on the constitution, which also results in modifications to judge's role. This it is time to accept the new, to recognize the problem and take on the fact that we must not put off a reform that will give a new shape to the constitution, that will ensure to persons the respect to their rights. Taking that into consideration the guarantee judge becomes an extreme relevant role, that will be at least an agent to reduce the damage that is seen in penal process currently, in how we conceive the judge and treat the preliminary investigation phase