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HE REASONABLE DURATION OF THE PROCESS IN BRAZILIAN JURISDICTION

Victor Saldanha Priebe, Fabiana Marion Spengler

Revista Eletrônica de Direito Processual · 2017

doi:10.12957/redp.2017.27010 (opens in a new tab)

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Abstract

The central theme of the research is the effectiveness of the reasonable duration of the process through the public policies of priority attention of the first degree of jurisdiction, adequate treatment of conflicts and implementation and evaluation of judgment goals, within the scope of the National Justice Council (CNJ), compared with the guarantees previously mentioned. In this step, the objective of the present research is to investigate if such public policies are adequate to ensure the reasonable duration of the process without other constitutional procedural guarantees being disregarded, since, the problem that is intended to answer results from the fact that the CNJ imposes a celerity to the processes by means of a mistaken adoption of criteria that can generate an affront to other procedural guarantees constitutional. In this way, the hypothesis of this research is related to the fact that the public judicial policies implemented by the CNJ, while imposing a speed on the processes by means of a mistaken adoption of criteria that guide what should be considered reasonable, generates With this, an affront to the aforementioned guarantees. Finally, we highlight that in the present research the method of deductive approach combined with methods of historical, comparative and bibliographic research was used.

Abstract licence: CC BY

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