Razoável duração do processo e controle de convencionalidade: uma análise à luz do Sistema Interamericano de Direitos Humanos

Abstract

SIRAVEGNA JUNIOR, Eduardo Eugênio. Reasonable duration of the process and control of conventionality: an analysis in light of the Inter-American Human Rights System. 2024. 147 f. Dissertation (Masters in Law) - Faculty of Law, Federal University of Mato Grosso do Sul, 2024. The slowness of the Brazilian Justice System is not a new problem, nor are the proposals for solutions that sought, without success, to face the problem innovative. However, the topic takes on a new look in the academic-legal field following Constitutional Amendment no. 45, which gave the reasonable duration of proceedings the status of a fundamental right. The justification and relevance of the research arises, therefore, from the fact that, despite the reasonable duration of the processes, it is a fundamental human right, enshrined both in the Constitution and in international documents, and, although numerous studies have already been produced on the theme, which proposed the most diverse solutions to remedy the slowness of the national judicial system, more than two decades of these facts the theme remains latent, since this guarantee has historically been neglected by the Brazilian State. However, if, on the one hand, Brazil has not yet resolved the issue of the slowness of its legal demands, on the other, over the decades, the Inter-American System has sought to improve justice at the regional level, affirming and reaffirming the right to reasonable duration of the process and providing parameters for States Parties to bring the aforementioned right into effect. Therefore, the human rights protective system historically formed in the IAHRS, especially based on the jurisprudence of the Inter-American Court, appears to be an important instrument in implementing the right to a reasonable time in the process, mainly through the construction of interjudicial dialogues between decisions handed down by judges and National courts with the precedents of the inter-American body, when carrying out the control of conventionality between the domestic order and international human rights law. Thus, the central problem of the work is: how can the construction of interjudicial dialogues, promoted in the control of conventionality exercised by national judicial bodies, be an important instrument for the realization of the human right to a reasonable duration of the process? Since the scope of this research is restricted to the aforementioned problem, the central objective of the research is to understand the institute of conventionality control and to reflect on how the institute, through the promotion of interjudicial dialogues, can be a useful tool for the realization of human rights in the domestic sphere. The work also presents three specific objectives, namely: i. assimilate the meaning of the expression “reasonable process period” from the perspective of the national legal system; ii. outline the basic aspects of the Inter-American System, analyzing the provisions of the American Convention that deal with the topic, as well as the jurisprudence of the Inter-American Court of Human Rights; iii. essentially understand the control of conventionality, especially how the institute has been versed in the precedents of the Inter-American Court of Human Rights, as well as the phenomenon of dialogues between its decisions and the Court's jurisprudence. Finally, regarding the methodology, according to the theoretical classification adopted, this research, in terms of objective, is exploratory and descriptive; in relation to the area of science, it is a theoretical investigation; as for nature, it is a summary of the subject; As for the procedure, it is an investigation of bibliographic sources; Regarding the approach, it is qualitative research. In the case of a theoretical investigation with bibliographic sources, bibliographic and documentary review will be adopted as a procedure and, as technical-operational tools for data collection, cataloguing, selection, reading and recording of specific works on the topic.