O direito fundamental à razoável duração do processo: um enfoque principiológico

Abstract

The Constitutional right to a process’s reasonable duration and the ways to ensure swift action had been included into the formal constitution of Brazil through Constitutional Amendment No. 45 of 2004, coming thereby to establish a new principle conductor of the Brazilian process. The process principle of procedural within a reasonable time comes to give the substrate for a different form of the design process, as well as its systematic set of principles, going against the restrictions which are imposed on a procedural iter faster, without ceasing to be, overall, preserver of real justice. The Theory of Constitutional Rights by Robert Alexy brings the theoretical background necessary to support the thesis of the mitigation possibility of the classic procedural principles, in order to achieve a more rapid, and therefore fairer, giving, finally, more strength to Justice and Democracy.