Fux defends further studies before implementing guarantee judge

The minister of the Federal Supreme Court (STF) Luiz Fux began this Wednesday (21) the reading of the vote on the constitutionality of the guarantees judge. At the demonstration, Fux, who is the case’s rapporteur, questioned the legality of the anti-crime package, which created the mechanism.

For the minister, the approval was done in a hurry and did not follow the proper rite in the National Congress, without the participation of the Judiciary. “Without a study, without saying how it would be implemented, how can a law of such magnitude be imposed on the Judiciary?”, he questioned.

After the first part of Fux’s vote, the session was suspended and will resume this Thursday (22), informed Agência Brasil. Before the rapporteur’s vote, the Attorney General of the Republic, Augusto Aras, maintained that the “appointment of judges to act in different areas of the criminal procedure gives more guarantees to the investigated person”, informed the Court.

However, according to Aras, some prerogatives attributed to the guarantee judge are incompatible with the Brazilian prosecution process, such as: the obligation to be informed about the installation of any criminal investigation, to request information on the progress of investigations and to determine the suspension of investigation police, if it deems there to be no reasonable grounds for its initiation or continuation, among others.

The Court definitively judges four actions proposed by political parties and entities that are against the mechanism. The adoption of the guarantees judge was expected to come into force on January 23, 2020, according to the anti-crime package approved by the National Congress. However, it was suspended by an injunction from Fux.