Fundamental right to equality in the duration of judicial process

• Autor(a) principal: Esteves, Carolina Bonadiman
• Data de Publicação: 2013
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Jurídica da Escola Superior do Ministério Público de São Paulo
• Texto Completo: https://es.mpsp.mp.br/revista_esmp/index.php/RJESMPSP/article/view/78
• topic: Fundamental right to equality; Duration of judicial process; Management; Efficiency; The Judiciary; judicial; Gestão; Eficiência; Poder Judiciário

Is there a fundamental right to equality in the duration of judicial process? The answer to this problem passes necessarily by the following secondary questions: (1) in which situations the Federal Constitution guarantees the fundamental right to equality in relation to the jurisdictional public service? (2) does the guarantee of reasonable duration of the process ensure the fundamental right to equality? (3) in case there is a fundamental right to equality in the duration of the judicial process, how one can measure the isonomic duration? After using the deductive method, it was concluded that there is a fundamental right to the equal time of process duration and it can be measured by analyzing the duration of each procedural act separately as well as its comparison with the duration of the same type of procedural act committed by the the judiciary in other processes at that time. Although it does not mitigate the delay, this understanding allows -, even if there is not and until it is achieved the so desired reasonable duration of the process - to accomplish the fundamental right to equality in the course of the process, increasing juridical security and access to justice in Brazil. Finally, some thoughts were suggested to conduct further studies and empirical research.