Impactos da morosidade judicial na atividade empresarial e a busca de soluções no modelo processual britânico

Abstract

By the promulgation of constitutional amendment 45/04, the right to a reasonable duration of proceedings has been included, as a principle, among the fundamental rights of Brazilian Federal Constitution. The constitutional intent was to mitigate the delay in the duration of procedure, which, in its turn, is an instrument to concrete rights. The realization of that principle is essential to a real access to justice, equally a constitutional imperative. However, there is, currently, in Brazil, in fact, an indubitable delay in the procedures duration. Within business context, the impacts of judicial delay are incommensurate, representing damage to companies and to the interests that converge to it, besides generating obstacles for the country’s insertion in the global market. The incorporation of elements and techniques available in English procedure system may be helpful in procedural speeding up and consequent mitigation of the impacts in discussion.