A pretensão punitiva estatal frente á morosidade jurisdicional: uma análise na 8° vara federal de Sousa-PB.

Abstract

This study aims to conduct an analysis about the general aspects of court delays, reflecting around its causes and consequences on the implementation of Process Average Duration Principle and the effectiveness of State’s Punitive Pretension. In this direction, the main focus of this study lies in an investigation realized at the 8th Federal Court in Sousa-PB, in order to verify if the delay in the processing and prosecution of criminal deeds, as well as latecomers acts used as defensive tactics are, in fact, factors which contributed to occur the prescription period. The theme’s choice is justified by its daily importance to judicial and academic field, since the reflection on the procedural obstacles and Judiciary structural problems are indispensable to understanding the judicial inefficiency. To reach the objectives reported above, the base to be used in this study is qualitative and quantitative,since it provides greater understanding of the addressed content. Furthermore, the approach method is the inductive and the research can be classified regarding to its technique procedure in bibliographic and as field study, because it used legal analysis, consulting doctrine and scientific articles, but also used an appreciation in the criminal actions of the Federal Court in Sousa-PB. Consequently, it aims, through this research, to prove that judicial delay and the undue delay create, in some cases,the limitation period phenomenon, which honors impunity.