Razoável duração do processo e "jeitinho brasileiro": análises no judiciário cível do Espírito Santo

Abstract

This research aims to determine whether the lack of effectiveness of the fundamental guarantee of judicial trial within a reasonable time, limited to the methodological approach of the Civil Justice in Espírito Santo State courts, may be associated with the so-called "Brazilian way". In order to answer this question, it is intended to identify what is meant by judicial trial within a reasonable time; to analyze sociological and anthropological theories which explain the formation and reproduction of the "Brazilian way" and its characteristics; to analyze how the "Brazilian way" is used in the legal field to influence the slowness of the judicial process and how it prevents the judicial trial within a reasonable time to be achieved; to identify the factors that determine if a rule of law will lack effectiveness and, ultimately, if the "Brazilian way" is associable to the lack of effectiveness of the guarantee of judicial trials within a reasonable time. The dialectical method was used to conduct the study, focused on confronting the normative theory with the practical reality of everyday legal proceedings. It was used theoretical research in all stages of the research and empirical research with semi-structured interviews at the stage where it was analyzed how the "way" is used in the legal field and if this behavior can be associated with the lack of effectiveness of judicial trial within a reasonable time. The interviews were aimed at people involved in the various legal professions and sought merely qualitative results. Based on the accomplished analyzes it was concluded that the "way" is deeply rooted in Brazilian culture; all legal professions make use of the "way" and through this, tend to extend the duration of the litigation beyond reasonable time and, finally, that this behavior can be associated with the lack of effectiveness of the fundamental guarantee for judicial trial within a reasonable time.