REASONABLE DURATION OF THE PROCESS: PATHS ADOPTED IN BRAZIL AND THE BENCHMARKS ADOPTED BY THE INTER-AMERICAN COURT OF HUMAN RIGHTS

Abstract

The aim of this article is to approach the reasonable duration of the process, both in domestic law, in relation to the paths adopted by Brazil for its effectiveness, and in the scope of the Inter-American System of Human Rights, notably, regarding the criteria to be applied. be evaluated in cases brought to the Court. For this, it starts from an analysis of the means by which the Brazilian State has been working, in the last decades, in the sense of trying to offer to the jurisdictional answers, not only fast, but also effective; to then discuss, within the scope of the Inter-American System of Human Rights, the criteria reaffirmed from the judgment of the emblematic Damião Ximenes Lopes case, before the Inter-American Court of Human Rights, to examine whether or not the member states have complied with the delivery of the benefit of judicial service, effectively, within a reasonable time.