ARROW OF TIME IS IRREVERSIBLEA: A LOOK AT REASONABLE DURATION ONLY CRIMINAL PROCESS

Abstract

This research seeks to analyze the reasonable duration in the criminal procedural scope, in order to understand not only the importance of guaranteeing the process with reasonable conduct, but mainly what can be done in the face of the delay of the reasonable duration caused in an unjustified way by the State. In view of this, the research problem consists of verifying the possible solutions regarding the violation of this fundamental right provided for in art. 5th item LXXVIII of the Federal Constitution, through which it was inserted by Constitutional Amendment No. 45/2004. For that, we used bibliographic analysis in books and scientific articles, as well as the use of the documentary method through the use of laws and jurisprudence. With regard to its implementation, the initial chapter of the research will address the general aspects of the principle of reasonable duration of the process, where the idea of the process as a constitutional instrument, the legal nature of the process and the possible exogenous and endogenous. Then, an analysis of Virilio's dromology will be made regarding the speed of society and the law. Finally, the systematization of this principle in the Brazilian legal system will be analyzed. Thus, it is concluded that there is a compensatory, procedural and sanctioning solution that can help to end or at least minimize the suffering of the weak in the face of the lengthy and painful criminal process, since the time of the process is irreversible, based on the importance of legal predictability in order to stop the ineffectiveness generated by the absence of deadlines and their respective sanctions.