A responsabilidade do Estado na demora da prestação jurisdicional o acesso à justiça e a duração razoável do processo sob a perspectiva democrática atual.

Abstract

This paper presents an analysis of the Brazilian legal system, its positive and negative characteristics, as well as raise questions about the reasonable duration of process, as shown by the practice of the courts and the application of this and other basic principles of justice, all shown in our Constitution and other normative acts aimed at, among other premises, give the citizen the effectiveness and guarantee their rights, not being sensible that it be sacrificed as a result of wounds - yet - chronicles of the system. Also, enjoy the delay in adjudication and its direct reflection in the privacy of the individual as well as the actual state responsibility for such delay. The first chapter is identified the object of justice in society, as well as the pillars of a democratic state, the characteristics of contemporary society in terms of relationships and the speed of evolution itself about the doctrinal and jurisprudential normative acts who saw and still show concern latent in a timely and effective adjudication. We analyze also the crisis of the process, finding several barriers to achieving rapid demands offered to the solution advocated by the State. Later, faces, and the application of certain principles direct relationship with the theme. In the fourth chapter, initiated under the analysis of comparative law, enters looking specifically at the issue, concluding, therefore, the objective of the state accountability for the delay in adjudication, the doctrine widely held thesis homeland but timidly applied in the courts of their ancestors. Finally, an overview of thesis research, and criticism of Brazilian law, the doctrine dissenting majority.