A garantia da razoável duração do processo e a celeridade processual penal / The constitutional guaranty of a right to trial within a reasonable time and celerity in criminal procedure

AUTOR(ES)
DATA DE PUBLICAÇÃO

2006

RESUMO

The present thesis examines the constitutional guaranty of a right to trial within a reasonable time and celerity in criminal procedure. After analyzing the constitutional guaranties pertaining to criminal procedure, this study deals with the intrinsic characteristics of celerity, explicit constitutional guaranty, collating them with other procedural guaranties foreseen in the Constitution of the Republic. It discourses on the criminal and procedural alternatives in the ambit of the Special Criminal Courts, with the advent of Laws No. 9,099/95 and 10,259/2001. It also deals with the consequences of not complying with celerity, from partial procedural responses to the civil responsibility of the State caused by delayed judgments. Likewise, it raises the question of celerity in European Law, particularly in Portugal. Lastly, it analyzes the legislative proposals aimed at celerity in criminal procedure, proposing a legal definition of a maximum time period for criminal proceedings, imposing the extinction of Criminal Procedure in the event of non compliance, as means of rendering the Constitutional Guaranty of a right to trial within a reasonable time and the right to a speedy trial

ASSUNTO(S)

garantia celeridade direito processual penal processo penal -- brasil guaranty celerity

ACESSO AO ARTIGO

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