Impactos da justiça interamericana de direitos humanos no sistema jurídico brasileiro: análise dos casos de violação do princípio da garantia da razoável duração do processo

Abstract

The fundamental basis for sustaining a democratic political regime depends on the necessity of ensuring respect for and protection of fundamental rights. This study analyzes the importance and challenges of complying with the guarantee of a reasonable timeframe for proceedings within the context of the Inter-American Human Rights System and the Brazilian legal framework. The research has an exploratory objective, employing historical and deductive methods to understand the impacts of the recommendations of the Inter-American Human Rights System at the national level. It seeks to determine whether there is a way to ensure that the recommendations of the Inter-American Commission on Human Rights (IACHR) are effectively implemented and monitored, addressing the limits and possibilities of institutional actions within member states. For this purpose, all cases submitted to the IACHR against the Brazilian State, from its inception until the first half of 2024, that addressed the violatin of the guarantee of a reasonable timeframe for proceedings in the civil sphere were analyzed. However, the most significant national impacts have resulted from violations of this principle in the criminal domain. Nevertheless, the growing number of petitions alleging the same violation in the civil sphere has demonstrated the urgent need to strengthen mechanisms that ensure the reasonable duration of proceedings in civil matters. These findings suggest that the IACHR’s recommendations have not only driven institutional and legislative reforms but have also shaped national jurisprudence, fostering a justice system more aligned with the principles of speed and efficiency. However, this is a collective effort that largely depends on the actions of the Brazilian State, which, in turn, must adopt an integrative approach to addressing the challenges of the judicial system to ensure faster and more effective access to justice.