THE BRAZILIAN LEGISLATION AND THE RIGHT TO A REASONABLE PROCEEDING DURATION: ANALYSIS IN THE LIGHT OF THE INTER-AMERICAN SYSTEM AND THE JURISPRUDENCE OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS

Abstract

Although it is an evident human right, enshrined both in international documents and in domestic law, the guarantee of a reasonable time frame for the process has historically been neglected in national law. The slowness of the Brazilian Judiciary is nothing new, nor are attempts at solutions that seek to address the problem innovative. However, from 1992 onwards, when Brazil internalized the Pact of San José da Costa Rica and, later on, in 1998, when it recognized the contentious jurisdiction of the Inter-American Court of Human Rights, the issue took on a new guise, since the from then on, Brazil could be held internationally responsible for human rights violations. Three decades later the issue remains current, because, on the one hand, Brazil has not yet resolved the issue of the slowness of its legal actions, on the other, over the decades, the SIDH - Inter-American Human Rights System has sought to improve the justice system providing parameters for the effectiveness of the reasonable duration of the process. The general objective of the article is to study the reasonable duration of the process, and as specific objectives, the analysis of the reasonable duration of the process in the Inter-American Human Rights System and its impacts on the national legal system. Furthermore, the research problem is: what are the parameters established by the Inter-American Court, in its precedents, aiming to ensure the reasonable duration of the process? Finally, the methodology adopted is qualitative in terms of approach, exploratory and descriptive in terms of objective, and, finally, bibliographic in terms of procedure.