Prado, Luiz Regis2024-11-222024-11-222023Lima, Ricardo Alves de. O juiz das garantias como medida antidissonância cognitiva na (des)construção do princípio da presunção de inocência. São Paulo (SP), 2023. 270 f. Tese (doutorado) - FADISP, São Paulo, 2023http://repositorio.unialfa.com.br/handle/123456789/468The principle of the presumption of innocence, a technical version of the axiom in dubio pro reo, evolved in its meaning over the centuries and materialized constitutionally as the main north resulting from a constitutional axiology that crossed the legal borders of the States. It was reflected in the Brazilian criminal procedure, consequently making it more guaranteeing in view of the protection of the rights and fundamental guarantees of the accused, to isolate the inquisitive veins that permeate the imaginary and judicial practices. The evolution of society has led to new challenges and consequences that are the result of the very need for a sense of belonging to the social group, or of cognitive individualism impregnated with beliefs, ideas and desires that affect the individual's behavior, the object of study of Social Psychology. Leon Festinger's Theory of Cognitive Dissonance confirmed that the person lives in a continuous cognitive state of confirmation of coherence relationships (consonance) that cause the search to move away from inconsistencies (dissonance), which are externalized in behaviors and decisions of greater or lesser extent. complexity or importance. The results of the Festinger’s theory were applied to the German criminal procedure by Bernd Schünemann, showing some effects on the judge's behavior, especially perseverance, selective search for information and behavioral correspondence that cause direct damage to the judge's impartiality. Such results were applied to the Brazilian criminal procedure by Aury Lopes Junior, and in a case study by Ricardo Jacobsen Gloeckner. In recent times, there has been a strong purpose of highlighting the Brazilian accusatory system to the detriment of the inquisitive matrix present in several criminal procedural procedures. As a response to a more impartial criminal procedure, and stripped of the effects of cognitive dissonance, the primacy effect, halo and confirmatory biases, the institute of the Judge of Guarantees is presented, which, with suspended validity, did not perfect this solution. The punctual exploratory case study with results presented in the last chapter revealed that the national jurisprudence ignores or despises the Theory of Cognitive Dissonance and its importance for the projection of the principle of impartiality in view of the sign of the principle of presumption of innocence. The meeting of the purposes for the evolution of the adversarial system will necessarily pass through the support of the institute of the Judge of the Guarantees as a cognitive anti-dissonance measure in the Brazilian criminal procedure. The research methodology used in the deductive and comparative analysis of national and international bibliography.ptPresunção de inocênciaProcesso penal brasileiroTeoria da dissonância cognitivaEfeito primaziaEfeito halo