THE REASONABLE DURATION OF THE PROCEEDING: A LOOK FROM THE PERSPECTIVE OF THE CIVIL PROCEDURE CODE

Abstract

The purpose of this article is to review the changes and innovations in the New Civil Procedure Code and whether they could effectively influence the length of court proceedings and be able to give effect to the Reasonable Duration Principle. To achieve the best response to the problem, the work was divided into three sections: first, attention was given to constitutional and procedural principles that guarantee a reasonable duration of the process, and, second, access to justice has gained attention as a result from the principle of reasonable process time and, finally, the question of reasonable process time in the new CPC was elaborated: main changes in its effectiveness. Finally, the conclusion of the work is in the sense that the recognition of alternative means to resolve the cases, protection of evidence, gathering of all defense issues in the response, final appointment for authorship, defendant incident. The solution of the demands of repetitive appeals, the reduction of the number of appeals - the extinction of Infringing Embargoes and Delayed Injunctions - and the formation of Legal Damages, can effectively contribute to the effectiveness of the reasonable process deadline principle and, consequently, of the principle access to justice, important because it opens up space for greater social effectiveness of the greater primacy of human dignity.