A responsabilidade pessoal do magistrado pela inobservância da razoável duração do processo.

Abstract

Widespread in our times we experience in judicial litigation, with the intense demand for the resolution of problems through the sieve of judicial discretion. In a historic moment of rapid technological advancement, almost daily, with a population yearning for the rapid solution of any problem, given the frenetic pace of life of modern life, is not different from the desire for a speedy adjudication, which synchronizes with the speed prevailing in the world. The Federal Constitution is the cornerstone of our legal system, realized in his art. 5°, LXXVIII the principle of reasonable duration of process that throughout our evolution has been accompanied by legislative changes in the law that was the extent of the converging speed of the procedure. The survey was divided into three chapters. The first chapter discusses the principle of reasonable duration of the process, bringing about legislative changes similar detailing and highlighting details of the procedural posture of the parties, lawyers, judges and other judicial clerks, which has character that relevant procedural history, as they play walk directly into the process, able to rush it or slow it down. Whereas the need for greater speed can cause disability in the adjudication, the first chapter of the work is also a focus of the dichotomy between efficiency and speed and gives the right of all citizens. Continuing the exploration of the theme, the second chapter talks about the duties assigned to the magistrate, who must observe in order to regulate the proceeding. The last chapter provides parameters about the possibility of personal liability of the magistrate inertial retardation or delay in the court, making the essential distinction of personal liability to that liability of the state supported the Federal Constitution which limits the final conclusion on the issue of work, the time of initial characterization of the delay in the delivery of the magistrate court, in order to blame him personally.