The right to reasonable duration of the process and the role of the judiciary in the implementation and integration of constitutional precepts

Authors

  • Zoraide Sabaini dos Santos Amaro

DOI:

https://doi.org/10.5433/1980-511X.2011v6n1p173

Keywords:

Duration of Procedure, Jurisdictional provision, Constitutional Principles.

Abstract

The aim of this study is an analysis of the legal-dogmatic right to adjudication within a reasonable time as provided in the Constitution and the breach of this provision to seek an appropriate remedy constitutional basis to stop this violation. The issue presented is examined and substantiated in the main paragraphs of legal theory and basic constitutional principles, the fundamental principles of Civil Procedure and doctrinal texts committed to the requirements of national law. These documents ensure that any person has a constitutional right that your question is examined fairly and openly, in There is no doubt that the Government [administration] has a duty to act giving power-full conditions for the fulfillment of the constitutional text, since the principle of legality requires the observance not only of law but also of law. Given the existing paradox between the precepts art. 5, inc. LXXVIII of the Federal Constitution and the reality of the Brazilian justice system that sets clear breach of this constitutional provision, we will investigate, the legitimacy of the judiciary who sits on the constitution, the ability to analyze and judge this one Allegation of Breach of Fundamental Precept - to suppress any ADPF abuses and omissions of the Government, Administration, relating to legality.

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Published

2011-07-15

How to Cite

Amaro, Z. S. dos S. (2011). The right to reasonable duration of the process and the role of the judiciary in the implementation and integration of constitutional precepts. Revista Do Direito Público, 6(1), 173–195. https://doi.org/10.5433/1980-511X.2011v6n1p173

Issue

Section

Artigos