Abstract
The present study aims to analyze the effects, even if unintentional, arising from the fixation of jurisdiction by precedence in criminal proceedings due to the judge’s connection to the preliminary investigative phase for the criminal action. During the preliminary investigation stage, the judge is called upon to make a series of decisions and comes into contact with unilaterally produced pieces of information without adversarial process, circumstances that lead to a greater predilection for the theory being constructed. Factors that have the potential to impact the subsequent procedural phase due to the judge’s closer proximity to those terms, resulting in a rejection of arguments presented by the opposing party, even if not by their own choice. After analyzing the issues involving precedence and its impact on the impartiality of the judge, an attempt is made to propose a solution to mitigate its negative effects.
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