Princípio da Razoável Duração do Processo: contribuição ao desenvolvimento de legislação e medidas que o levem a efeito.

Abstract

The present study aims at the analysis of Constitutional Amendment No. 45/2004, which entered the principle of reasonable duration of the process within the fundamental guarantees assured to each individual and is insculpido in item LXXVIII of art. 5, of the Constitution of 1988, in view of the judicial protection must be effective, timely and appropriate. It is seen that this issue is of paramount importance, since the introduction of the term reasonable in adjudication as a constitutional principle brings a commitment of the state to the citizen in order to give greater effectiveness to the process and ensure the fundamental right of access to justice . To reach this conclusion, we used literature search, legislative, administrative and judicial, with theoretical frameworks in several authors, starting with Barroso and converging into arguments which support the applicability of this Amendment, from a historical analysis (ontological) and evaluative (axiological). Then, there was the jurisprudential research on the subject in the main Brazilian courts, celing in the Superior Courts, to then undertake a comparative analysis with the bibliographic material. The importance of the principle stands out as a precondition for full citizenship in Democratic States of law, guaranteeing citizens the realization of their rights are constitutionally guaranteed. The principles of speed and duration of the process should be applied with observation of the principles of reasonableness and proportionality, ensuring that the process does not extend beyond the reasonable deadline, nor will compromise other principles such as defense and full of contradiction. It is certain, however - and for the benefit of people who need an effective justice - that Constitutional Amendment 45/04 (which among other novelties inserted explicitly the principle of reasonable duration of the process) seeks to reform the judiciary means for ensuring that become more agile and stronger, which is essential in a society like ours so devoid of enforcing rights to citizens. The current concern guiding procedures and the right to a speedy and effective duration of the process, summons us to an analysis of the role of the National Council of Justice - CNJ and programs, like the "Update" in the Goiás FONAJE and Process Judicial E-EO, as these tools, among others, that result in responses necessary for today's social and economic problems. On the other hand, alternative means of conflict resolution, complementary to the formal judicial process, even because of its informality and adaptability, suggest the solution many cases, in the antechambers of mediation and conciliation (consensus building). It would be a paradigm shift, erecting alternative model judicialization as a counter-archetype adjunct to mitigate the culture of demanda.Daí the idea of the Courts or adoptive Forums Multiport as promoting integrative means for the settlement of disputes. The traditional process would be for more complex cases, adapting to the American experience to our reality, given the similarity.