Legislation establishing the so-called “judge of guarantees” has been suspended for three years and may be judged from Wednesday (24) at the STF.| Photo: Nelson Jr./STF

Minister Rosa Weber, president of the Federal Supreme Court (STF), scheduled for Wednesday (24) the trial of actions that may allow the creation of the so-called “judge of guarantees” in Brazil. The analysis takes place after the release of the processes by the rapporteur Luiz Fux, who suspended the effect of the legislation three years ago.

The law that installs the guarantees judge was approved and sanctioned by then-president Jair Bolsonaro (PL) in 2019, and determines the division of responsibility for criminal proceedings between a magistrate who authorizes the investigation steps and another who judges the defendant.

However, shortly after the sanction, the then president of the STF, Dias Toffoli, postponed the implementation of the measure for six months, and Fux ended up suspending all legislation in early 2020.

The implementation of the guarantee judge, however, divides opinions among professional associations due to operational difficulties and budgetary restrictions for the reorganization of courts and courts for the new division of tasks.