Oneração excessiva dos juros de mora em face da duração irrazoável do processo

Abstract

The burden of delinquent interest paid by the losing party is a reality of the national legal practice little touched by the doctrine. Caused by the negative effects arising from the unreasonable length of the process, which factors are, in short, attributable to the State itself, the exorbitant amount, sometimes owed to the prevailing party in form of delinquent interest, is fully paid by the losing party, although it also holds the right to procedural promptness. This paper seeks, through a literature review and case study, to bring a critical analysis on the effects that the Judiciary’s inefficiency brings to the delinquent interest, mainly to blame the real culprit for the delay in delivery of a final judgment and, therefore, the excessive increase of the interest. At the end of this work, it is possible to measure the civil responsibility of the State for the not reasonable duration of the process, attributing to it the obligation to repair, along with the losing party, the time that the prevailing party was deprived of its capital.