Juiz das garantias: uma crítica à mentalidade inquisitorial conduzida pela teoria da dissonância cognitiva

Abstract

This research analyzes the reception of the judge of guarantees in the Brazilian legal system. Therefore, the study investigates the effects of the Theory of Cognitive Dissonance and its influence during the trial, without ignoring the need to respect the fundamentals of the criminal process.Subsequently, there is an incursion into the Inquisitorial Traces of the criminal justice system and the political-legal heritage of authoritarianism.Finally, seeks to understand and contribute to the incorporation of the judge of guarantees. The research was made through a qualitative analysis, being conducted predominantly by the legal-interpretative method and using a bibliographic, jurisprudence and legislative review. At the end of this process, it was found that the persistence of the inquisitive mentality can impose limits and impair the reception of the institute.