Effectiveness of the fundamental right to reasonable length of proceedings

• Main Authors: Roberto Martinato, Marlene Kempfer
• Format: Article
• Language: English
• Published: Universidade Estadual de Londrina 2012-04-01
• Series: Revista do Direito Público
• Subjects: Average processing time; Proportionality principle

Analyzes means and limits of realization of the immediate applicability of novel thought LXXVIII of art. 5 of the Federal Constitution - the right to " reasonable length of proceedings " - in order to give it the possible effectiveness against the chronic slowness verified natramitação of court proceedings in Brazil , under the aspect of estataloriginária compensation of state responsibility. Therefore, raises the maisrelevantes difficulties in the immediate application of such a provision - insert in the list of direitosfundamentais - face the difficult task of objectively establish reasonable Queseria the duration of court proceedings. With this north Proportionality principle its disposition , to get a theoretically viable way to arealização the new fundamental right.