THE REASONABLE TIME OF THE PROCESS IN THE BRAZILIAN LAW AND THE NEW CIVIL PROCEDURE CODE: PROGRESS AND SETBACKS

Abstract

This paper aims to examine the legal nature assumed by the reasonable duration of the institute process in Brazilian law. It is observed initially that the search for a speedy process is not new and that the idea entered in Brazil before the enactment of the Constitution of 1988. Subsequently the three main constitutional classifications that point the institute as rule, principle and rule-principle are sorted out. Later, the institute is analyzed under the infra perspective, especially from the perspective of the new Civil Procedure Code, with the close analysis of the contributions of the new procedural law to increase the speed of the process. Above all, the unremovable need for fixing clear conceptual beacons that define the reasonable duration of the process enabling the realization of its effectiveness in the daily lives of jurisdictional emerges.

Keywords

• reasonable duration of the process
• constitutional principles
• new civil procedure code