O PAPEL DO MAGISTRADO NO PROCESSO PENAL SEGUNDO A DOUTRINA DE JOHN RAWLS

摘要

This article aims to demonstrate the mission and identity of the magistrate as an agent of effective distribution of justice within the Criminal Procedure. To this end, it will be based on the Theory of Justice as Equity, elaborated by John Rawls, with the methodological scope of making a comparison between the philosopher's proposals and the application of criminal justice today. Finally, a synthesis can be elaborated to demonstrate that the view of justice as fairness can be used as a paradigm to guide a more balanced judicial action and able to promote the fundamental rights of all involved in the criminal act.