A RESPONSABILIDADE CIVIL DO ESTADO PELA MOROSIDADE NA PRESTAÇÃO JURISDICIONAL NA EXECUÇÃO DE ALIMENTOS

Abstract

The 1988 Federal Constitution enshrines the right to a reasonable duration of proceedings as a fundamental right, in accordance with Article 5, item LXXVIII. In this regard, procedural speed gains prominence in the Brazilian legal system, having greater influence in matters where delays can have severe consequences for citizens, such as in food-related issues, as food ensures the subsistence and dignity of those in need. The problem presented was: Can the State be held civilly liable for damages caused to those who depend on food due to delays in the judicial process in the enforcement of alimony? In light of this, the present work is based on the analysis of the State's civil liability for delays in the judicial process, focusing on alimony enforcement proceedings. To analyze the possibility of the State's civil liability for the judiciary's slowness, a qualitative theoretical and dogmatic research was conducted, analyzing relevant literature, legislation, case law, and data related to the topic. Additionally, the hypothetical-deductive method was adopted. The work was structured into three chapters. The first chapter addressed the evolution of the State's civil liability, both in the international and Brazilian contexts, including civil liability for omissions. In the second chapter, an examination of judicial services as a public service was conducted, along with the principle of reasonable duration of proceedings and the main causes of delays in Brazil, based on data from the 2024 "Justice in Numbers" Report by the National Council of Justice. The third chapter presented the concept of alimony in the legal context and the procedures for enforcing alimony, in addition to the impacts of delays in this procedure. The possibility of holding the State accountable was analyzed based on the judgment of Special Appeal 1.383.776/AM. The social and legal relevance of this research lies in the need to ensure the dignity and subsistence of those entitled to alimony, highlighting the urgency of a faster and more efficient justice system. The study contributes to a critical reflection on the Brazilian judicial structure and points to the need for reforms that ensure the effectiveness and protection of fundamental rights.