The minister ranks the implementation of the model envisaged by the anti-crime law as the “biggest change in Brazilian criminal procedure since the Criminal Procedure Code”
Minister Kassio Nunes Marques defended the validity of the guarantee judge, forming a score of 5 to 1 in favor of implementing the model in which one magistrate is only responsible for conducting the investigation, while another must judge the merits of the case. He classified the implementation of the dynamic as the “biggest change in Brazilian criminal procedure since the Criminal Procedure Code”.
In the resumption of the trial, this Thursday 17, the minister followed the vote of minister Dias Toffoli, noting that the Constitution neither imposes nor prohibits guarantees to the judge, with its creation in the ‘margin of discretion’ of the legislator.
According to Kassio, who served in the Federal Regional Court of the 1st Region before being elevated to the STF, ‘there will certainly be an increase in costs’, but the implementation of the model is possible.
He suggested up to 36 months for courts across the country to adjust to the new dynamics, but signaled support for Toffoli’s initially proposed 12-month period. He also indicated that there should be “recognition” in the case of courts carrying out “faster implementation” of the model.
Only one more minister of the Cassation is missing to have a majority for the constitutionality of the model of the guarantee judge. For now, the speaker, Luiz Fux, is isolated. The minister defended himself by making the implementation of the dynamics optional.
The sitting was suspended for a break. Voting should then resume with the vote of Minister Edson Fachin.
Source: Terra
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