TSE determines implementation of the judge of guarantees in the Electoral Court

The Superior Electoral Court (TSE) decided this Tuesday (7) to determine the implementation of the guarantee judge mechanism within the scope of the Electoral Justice.

The model is provided for in the Anti-Crime Package, approved by the National Congress in 2019, and establishes that the magistrate responsible for the sentence is not the same one who participates in the investigation phase.

According to the approved rules, the regional electoral courts will have a period of 60 days to implement the guarantee judge through the creation of Regional Electoral Guarantee Centers.

After implementation, investigations of electoral crimes that are ongoing at the Federal Police (PF) or the Public Ministry must be forwarded to the centers within 90 days.

The resolution that addresses the matter also authorizes custody hearings to be held via videoconference by the guarantee judge.

Last year, the Federal Supreme Court (STF) decided to validate the guarantee judge mechanism and determined a period of twelve months, extendable for another twelve months, for mandatory implementation by the Judiciary across the country.

Understand

Currently, the processes are conducted by a single judge, who analyzes arrest requests, decides on searches and seizures and also assesses whether to convict or acquit the accused.

The judge of guarantees will be the magistrate responsible for controlling the legality of the criminal investigation. The model is applied to all criminal offenses, except in cases of minor offensive potential.

The magistrate appointed to the role will be responsible for deciding issues related to the precautionary arrest of those being investigated, breaches of banking, tax and telephone secrecy, search and seizure, among other measures.

According to the law, the work of the guarantee judge will be terminated if a criminal case is opened against the accused. Upon receipt of the complaint, a criminal case will be opened, which will be led by the investigating and trial judge. At this stage, witnesses for the prosecution and defense are heard and, at the end of the process, the magistrate will decide whether to acquit or convict the accused.