Banca de DEFESA: Joelma Veneranda de Carvalho

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : Joelma Veneranda de Carvalho
DATE: 21/12/2023
TIME: 16:00
LOCAL: https://teams.microsoft.com/l/team/19%3aJD0pYhs5byi58FRQlCIOL7ADiQS3ly8885rpXBcIFwo1%40thread.tacv2/
TITLE:

"THE IMPACTS OF THE IMPLEMENTATION OF THE JUDGE OF GUARANTEES IN THE COURT OF JUSTICE OF THE STATE OF AMAPÁ"

KEY WORDS:

Judge of guarantees. Criminal guarantee. Accusatory system. Impacts on TJAP.

PAGES: 134
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This work aims to analyze the impacts of the implementation of the judge of guarantees in the Court of Justice of the State of Amapá (TJAP). The problematization starts, specifically, from the following question: what are the impacts of the implementation of the judge of guarantees in the TJAP? This is an instrument created by Law nº 13.964/2019, inserted by art. 3º-A to 3º-F, which makes up the Anti-Crime Package. In addition to making a general explanation about the judge of guarantees and explaining why they are implemented, the divergent situations that they encompass will also be addressed, for example, from their suspension by Direct Actions of Unconstitutionality (ADIs) 6298, 6299, 6300 and 6305, reported by Minister Luiz Fux, judged by the Federal Supreme Court (STF). The Supreme Court, in the end, judged the ADIs partially valid, declaring the constitutionality of the judge's guarantees and setting a period of 12 (twelve) months for the adoption of the legislative and administrative measures necessary to adapt the different laws on judicial organization, to the effective implementation and to the effective functioning of the guarantee judge throughout the country, under the guidelines and supervision of the National Council of Justice (CNJ), with that period being able to be extended only once. The work discusses, among other aspects, guaranteeism, impartiality, the accusatory system and exposes a context of the guarantee judge in other countries. It also presents, based on interviews carried out, the Judiciary of Amapá and analyzes the impacts of the implementation of the judge of guarantees in the TJAP, highlighting main points of the law, whether there may be a budgetary and financial impact, as well as the possible consequences and changes resulting from the implementation of this institute for the Judiciary. It found that there will certainly be budgetary and financial impacts, as well as the Court will undergo an administrative reorganization/readjustment, as it is necessary to increase not only the number of magistrates, but also that of civil servants, in addition to reinforcing the physical structure, furniture and technological equipment, whose impacts must be outlined in your Strategic Plan so that, in a planned and organized way, there is an effective implementation of the guarantees judge in the TJAP.

COMMITTEE MEMBERS:
Presidente - 1151990 - MAMEDE SAID MAIA FILHO
Interna - 1728968 - ENEA DE STUTZ E ALMEIDA
Interna - 1150035 - FERNANDA DE CARVALHO LAGE
Externa à Instituição - LORENA DE MELO FREITAS - UFPB