This article aims to analyze the constitutionality of the figure of the guarantee judge and his function in the accusatorial system under the prism of reforms in the Code of Criminal Procedure, considering its historicity, also taking into consideration recent decisions in direct action of unconstitutionality by the Federal Supreme Court. We seek to build a liberal and democratic discourse by signaling the importance of this figure in crimes tried by the jury court. This work makes use of bibliographical research, using books, magazines, websites, as well as jurisprudence related to the matter.