A celeridade processual e a efetividade das decisões no processo eleitoral

Abstract

This paper has the scope to analyze the procedural speed and your indispensability at the quest for the maximum effectivity of the judicial decisions in the electoral process. Firstly, it is made a brief introduction about the notion of the reasonable length of process, from its origin in the archaic legal systems, going through the Middle and Modern Ages, to the treatment given by the Contemporary Law, as result of its promotion, in the current Brazilian constitutional order, to the status of fundamental right. In the sequence, it is approached its application in the scope of the Electoral Justice, focusing on its inclusion in Law no. 9.504/97, while presenting the peculiarities of the principle of reasonable length of process, when transposed to this branch of the Law. At this moment, it is explored the problem regarding the existence of a principle of procedural speed, which would be specific to the Electoral Law and would arise from the unequivocal need for the electoral actions to be judged in a short period of time. It is concluded that the reasonable length of process and the procedural speed translates to 2 different notions, being the last one a guarantee granted to the courts that the legislator will adopt, as far as possible, the means necessary to expedite the conduct of the electoral process, then finalizing its judgment within a reasonable period of time. Finally, there are studied the processual institutes that can serve to achieve procedural speed in the Electoral Law, as well as the interpretation given to them by the Higher Electoral Court. While the application of such institutes is analyzed, punctual criticisms and suggestions are made, when necessary, imbued with the intention of ensuring the necessary effectiveness of decisions in the electoral process.