O Direito ao Processo Justo com Instrumento de Realização do Direito Fundamental à Tutela Jurisdicional

• Main Author: Márcia Ignácio da Rosa
• Format: Article
• Language: English
• Published: Centro Universitário de Valença 2009-11-01
• Series: Revista Interdisciplinar de Direito
• Subjects: Access to justice; procedural law; eff ectiveness; reasonable duration of the pro-cess; reform of the judiciary power
• Online Access: http://revistas.faa.edu.br/index.php/FDV/article/view/43/25

This research has the objective of contemplatin the (re) stattement of the fundamental right to the reasonable duration of the process, brought by the constitutional amendment nº. 45 and this incidence in the beginning of the access to the justice, under the focus of the contemporary constitutional state. To base this study and to reach the initial purpose of the research, it is made the analysis of the modern conception of the Democratic State of Right, as well as of the procedural legislation homeland and of legal devices of foreign procedural systems, in the constitutional order and under constitutional, that demonstrate concern with the reasonable uration of the process and appropriate jurisdictional protec-tion, in agreement with the successive legislative alterations. As a result of the research it is observed that the state has not been getting to reach his principal objective in the exercise of the jurisdiction function in the solution of confl icts, especially by the way of reformula-tion of the civil procedural system, bringing, consequently, confusion and instability to the Brazilian juridical system. Nevertheless, the proposed theme is justifi ed for constituting in a continuous and permanent movement in the search of the eff ectiveness and of the instru-mentality of the process as a way of democratic participation in the modern society.