O (não) lugar do juiz no processo penal brasileiro

Abstract

This research aims to explore the supposed progressive disappearance of the third party, through the anthropological turn, of places and non-places in Marc Augé and the role of the judge in the criminal process, in order to analyze whether the magistrate is inserted in a non-place. Thus, the judge will be approached as a procedural subject, with eyes focused on the accusatory matrix system, outlined by the 1988 Federal Constitution. so that the judge is able to exercise jurisdiction impartially, moving away entirely from the evidentiary initiative. Thus, we work with the idea that impartiality is the guiding principle of criminal proceedings guided by democratic inspirations and a brief analysis of the posture and the main arguments of the European Court of Human Rights (ECHR) in emblematic cases is carried out. Still, the management of expectations and the manipulative discourse in the criminal process will be addressed, through a sample of the conversations disclosed by the website “The Intercept Brasil” and exposed by the operation “spoofing”. And, finally, it is intended to demonstrate the existing similarities between the construction of the collective soul and the perversity of the discourse that reflects the paranoia of a Lavajatist magistracy