New type of judge splits opinions in Brazil’s justice system

The so-called “anti-crime bill,” proposed by Justice Minister Sergio Moro as a solution to combat organized crime and corruption in Brazil, has now come in for criticism from its author. Sanctioned at the end of 2019, the bill was profoundly altered during its path through Congress, with Mr. Moro claiming it is “not the dream project,” and that politicians could have “gone further” and kept more of the Justice Minister’s original proposals.

But Sergio Moro’s main concern was not what members of Congress took out of his original proposal, instead it was one provision that the lawmakers put in. The controversial inclusion in the anti-crime bill creates a figure that Congress has dubbed the “guarantees judge,” which will work alongside federal magistrates and oversee the investigation phase of criminal cases.

This new role in the Brazilian justice system—similar to already existing offices in Portugal, Spain, Chile, Italy, and the U.S.—came in for such virulent criticism from Sergio Moro and his supporters that it seemed certain President Bolsonaro would veto the provision. In the end, he let it slip through the cracks, much to the displeasure of his Justice Minister.

Brazil’s guarantee judges will act in the pre-procedural phase to ensure that the acts of the police and prosecutors during investigations comply with Brazilian laws. The idea is to avoid malpractice and the subsequent nullification of sentences.

Still, a significant slice of public opinion is of the mind that the guarantees judge is little more than an invention designed to make it difficult...