Prazo razoável para término do processo penal frente aos direitos fundamentais

AUTOR(ES)
FONTE

IBICT - Instituto Brasileiro de Informação em Ciência e Tecnologia

DATA DE PUBLICAÇÃO

19/10/2011

RESUMO

This work proposes a reflection about the development and dimensions of Fundamental Rights, as well as the analysis of constitutional principles and their guiding developments in the Civil Procedure Law and Criminal Procedural Law. Thus, to perform this study used the research literature mainly based on doctrines and laws in order to substantiate and justify the proposed idea. Social environment in the conflict to such levels has increased considerably the number of cases has grown steadily in our country. The Constitution gave the federal judiciary s role to settle disputes and consecrated at the same time, the principle of access to justice for all. But not only that, along with access to justice, guarantees everyone the right to adequate legal protection and in reasonable time. The need to improve the adjudication and thus meet social expectations, which clearly showed his displeasure with the delays in delivery of the State-court protection, has emerged, infused with innovative spirit, the Constitutional Amendment. 45, December 8, 2004 (Amendment No. 45/04). Referred Amendment, coordinated for the purpose to relieve the Brazilian justice system, brought changes in various branches of law. Departed from constitutional law and spread out the civil procedural law, labor, and procedural criminal law. Although of significant importance, the improvement of legislation promoted by the First Amendment 45/2004, by itself, is insufficient to account for the problem of lengthy delays in the court system. The Brazilian Judiciary serves as an example of the crisis it is the current court system. This crisis that manifests itself both through the congestion of pending decisions, and especially the inability to resolve conflicts, which ultimately give the court only as mere paper spawned processes, real impediment to their participation in the realization of the rights and implementation of the constitutional state as necessary. In the context of new times, with the division of powers structurally defined by the Constitution, with regard to the precepts of Justice and the judiciary, resulting in the jurisdiction as a tool in the service of the State, the enforcement of rights and guarantees in the Charter brought Republican as well as being inafastável Institute for the arrangement of the conflict. Thus, a sovereign justice, impartial, free, autonomous, accessible to any citizen, even to plead against his own government, to ensure the exercise of social and individual rights, freedom and equality - which are among the supreme values of a society is the true scope of the rule of law, becoming the greatest achievement of modern democracy. It has been observed that procedural statutes are suffering, at least lately, several reforms in an attempt to bring more speed to the process, but these initiatives have not been around enough. The Constitutional Amendment 45 bothered to provide subsidies to materialize the speed of the process in order to surrender to an adjudication jurisdiction over more quickly and effectively, to thus meet the auspices of the population. After the said amendment, the legislative proposals and infra change the rules of procedure have come to occupy center stage in debates on the modernization of Procedural Law

ASSUNTO(S)

direito razoável duração processo penal direitos fundamentais reasonable duration criminal procedure fundamental rights

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