Duração razoável do processo: o estigma do acusado

Abstract

The present work aimed to analyze the equalization between reasonable duration of the process and respect for fundamental guarantees. Thus, it was analyzed the stigma that the criminally accused suffers from the delay in the conduct of the criminal process, through the Social Labeling Theory, and how this can transform the process into the penalty itself. Subsequently, the structural racism that constitutes the Brazilian Criminal Law was explored, and the repercussions on the penal system, related to the aforementioned theory. Thus, the stigma of the accused is aggravated by a process that extends over time, and in the Brazilian context there is a reality of process congestion, and there is no maximum forecast for the duration of the process, demonstrating the need to fulfill this normative gap. It is intended, then, to critically analyze, based on previously selected and qualitatively treated bibliography, how the criminal process can interfere with the stigma of the accused, and how this is aggravated by a process that is excessively prolonged in time.