THE IDEA OF JUSTICE IN AMARTYA SEN AND THE REASONABLE DURATION OF THE PROCESS

• Main Authors: Cristiane Catarina Fagundes de Oliveira, Sônia Beatriz da Silva Chamaniego
• Format: Article
• Language: Portuguese
• Published: Conselho Nacional de Pesquisa e Pós-graduação em Direito (CONPEDI) 2015-12-01
• Series: Revista de Teorias da Justiça, da Decisão e da Argumentação Jurídica
• Subjects: Justice; Amartya sen; Reasonable duration of the process
• Online Access: http://www.indexlaw.org/index.php/revistateoriasjustica/article/view/600

The he research aims to understand the Amartya Sen's idea of justice, establishing its main distinguishing aspects, analyzing its fundamentals regarding some of John Rawls ideas, and examining the concepts of open impartiality, democracy and human rights. Then, the research intends to describe the principle of reasonable duration of the process in accordance with article 5th, LXXIII of the Constitution of 1988, in order to ask whether this principle is in line with the idea of justice and the reasons for considering fair the principle of reasonable duration of the process. From a defined theoretical reference, the methodology used was a literature review, with a comparative analysis.