A duração razoável do processo como direito fundamental

• Autor(a) principal: Vassole, Gilberto Figueiredo
• Data de Publicação: 2013
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/34288
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO PROCESSUAL CIVIL; Duração razoável do processo; Direito fundamental; Informatização; Average length of procedure; Fundamental right; Informatization

It is known that fundamental rights tend to ensure everyone a dignified and free life, creating categories to achieve the full potential of the human being. In this aspect, it is important to mention that the access to Justice and the right to an effective response by the Judiciary comprises the dignity of the human being. However, currently in Brazil we have been facing a crisis in the Judiciary, in which the Justice has not been able to solve, in a reasonable period, the conflicts of the society. Evidently such ineffectiveness of the Judiciary even confronts the democracy and generates a lack of credibility and incredulity in the society. In this area, the Constitutional Amendment 45/2004 set forth the right to have a reasonable lawsuit duration as a fundamental right. Such decision was made based on several international experiences. Thus, we have the conviction that the access to justice may not be understood as a mere guarantee of filling a lawsuit, being indispensable to a democratic society the completeness of the access to justice in harmony with the reasonable duration of the lawsuit. It is obvious that the "digital era" became an indispensable instrument to consecrate the right to a reasonable duration of the lawsuit. Finally, we may say that the crisis which involves the delay in the procedural action has got and is still in a devastating situation and the guarantee of a reasonable duration of the lawsuit as a fundamental right was the Judiciary's alternative so this issue was, in fact, faced by the whole society