Defender appointed by Lula defends guarantees judge – 06/21/2023 – Panel

Federal public defender Igor Roque, appointed by President Luiz Inácio Lula da Silva (PT) to head the Federal Public Defender’s Office, defends the creation of a guarantees judge as he understands that the separation of functions allows for greater impartiality.

“The idea is that a judge monitors the pre-procedural phase, having an initial contact with the investigation, and, after receiving the complaint, another judge takes over the process, only becoming aware of the elements that the Public Ministry itself presented to the denouncement, as a body of accusation”, details.

The issue is on the agenda of the STF (Federal Supreme Court) this Wednesday (21). The DPU participates in a lawsuit that questions the constitutionality of the measure as amicus curiae.

The guarantee judge was created by the National Congress in 2022, during the course of the anti-crime package, prepared by the then Minister of Justice, Sergio Moro. The measure provides for a judge to make decisions during the due diligence period and another judge in fact the case.

At the time, it was a defeat imposed by parliamentarians on Moro, with the aim of weakening him. The new model empties the function as the former judge exercised it, fully conducting the Lava Jato processes in the first instance in Curitiba.

The DPU will make an oral statement this Wednesday afternoon at the STF. He will argue that the separation of functions strengthens the protection of human rights and guarantees a more impartial justice.

“The creation of the guarantee judge does not make procedural speed unfeasible. On the contrary, its successful implementation can contribute to greater efficiency in the justice system, by allowing a better distribution of judicial tasks and a more in-depth analysis of cases in their phase initial”, highlights the federal public defender Gustavo Zortéa, DPU’s performance advisor in the STF.

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