Da aplicação e fiscalização dos princípios da razoável duração do processo, da celeridade e efetividade processual

Abstract

The present study allows the scientific research of the application and supervision of the principles of the reasonable duration of the process, of celerity and procedural effectiveness, with the purpose of pontificating, exposing and clarifying these juridical principles, combining the focus of performing a thorough analysis of the instrumentality procedures in light of the respective principles. To do so in the face of historical research, we come to understand the basic emergence of these principles. And, observing them as they are exposed within the Brazilian constitutional system, as fundamental guiding in the jurisdictional provision, and its applicability aiming at the efficiency of the judicial protection inserted in due process of law. Regarding the analysis, it is based on the identification of elements detrimental and harmful to the principles of our legal system of procedure as well as their respective impacts on the subjective right pleaded by the procedural part. At this level, through the monographic procedure, the method of approach used is deductive, since part of the theoretical point for the problematic in the area. An indirect study under bibliographical research through bibliographical research of several relevant legal scholars seeks a better explanation of the subject. Complementing such didactics, so that the real objectives of the abovementioned fundamental principles will be achieved. Possibilities for changes in existing procedural structures are envisaged in order to increase speed and procedural effectiveness in the provision of judicial protection, as well as suggest innovations in the very structure of the Brazilian judiciary with the same objective.