A responsabilidade do Estado pela morosidade na prestação da tutela jurisdicional

Abstract

Examines the possibility to be the State responsible for damages caused for the unjustified delay in the rendering of the jurisdictional service. Demonstrates the importance of the jurisdictional activity for the society. Presents the existing theories concerning the civil liability of the State for the judicial acts, as well as its evolution in the brasilian legal system, emphasizing those that cause a delayed reply to the conflicts presented to the judicial power. Demonstrates the necessity to guarantee the good course of the process as means of protection to the rights and accomplishment of the due process of law principle. Evaluates the judiciary slowness as phenomenon of the denial of justice characterizer, approaching current measure of law adopted to protect the right to the adequate tutelage judicial, the procedural celerity and the reasonable duration of the process. Points some of the moral and patrimonial damages generated for the slowness for the dispute solution. Delineates the main principles for the liability of the State for the deriving effective damages of this defective species of public service, establishing the prerequisites to characterize it.