STF forms a majority to make mandatory the adoption of the guarantees judge

The Federal Supreme Court (STF) formed a majority this Thursday (17) to make mandatory the implementation of the guarantees judge in the country. So far, the score is 6 votes to 1. The measure was approved in 2019 by Congress in the Anti-Crime Package.

The mechanism provides that the magistrate responsible for the sentence will not be the same one to analyze the precautionary measures during the process. Despite having defined the obligation, the Court has yet to determine a deadline for the tool to be adopted by the Judiciary.

The only one to vote for the optional adoption of the guarantees judge was the rapporteur of the case, Minister Luiz Fux. For the rapporteur, there are difficulties that prevent implementation in all parts of the country, such as the lack of judges, servants and budget.

Ministers Dias Toffoli, Cristiano Zanin, André Mendonça, Alexandre de Moraes, Nunes Marques and Edson Fachin voted for the mandatory implementation of the mechanism. The votes of Ministers Luís Roberto Barroso, Rosa Weber, Gilmar Mendes and Cármen Lúcia are still missing.