Banca de DEFESA: SEMELY CLICIE RODRIGUES BATISTA LIRA

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : SEMELY CLICIE RODRIGUES BATISTA LIRA
DATE: 01/09/2020
TIME: 14:30
LOCAL: UFRN - PROGRAMA DE PÓS-GRADUAÇÃO EM DIREITO / Videoconferência
TITLE:

THE RIGHT TO JUDGMENT WITH THE REASONABLE DURATION OF THE PROCESS IN THE AMBIT OF THE CRIMINAL JUSTICE: A STUDY IN THE PERSPECTIVE OF THE CONSTITUCIONAL DEMOCRATIC STATE

KEY WORDS:

Criminal Justice. Fundamental rights. Reasonable duration. Procedural celerity.

PAGES: 215
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

 The present research has the objective to investigate the fundamental law to judgment within a reasonable time or the finitude of process – included the law to reasonable time process and the law to procedural celerity – within the ambit of Criminal Justice, from the perspective of the Constitutional Theory of Criminal Procedure, Fundamental Rights Theory and Democratic Constitutional State. Through the deductive approach method and a theoretical research model, a review of the legal literature on the subject and an analysis of the proposed theoretical models is carried out, in order to create concepts and propose solutions. In addition, it is also investigated how this guarantee has been applied by the national courts, with the purpose of confronting theory and practice. In the methodology, bibliographic research, document analysis and data analysis were used, with the consultation of the most varied research sources. In development, seeks to rescue the arise of Criminal Law and the historical limiting function exercised by the penal principle under the State’s punitive power. It is proposed to break the Criminal Law with the General Theory of Process and study the right to trial within a reasonable time in the light of the Constitutional Theory of Criminal Procedure. Definitions related to time and its relation to process are presented, in order to construct a legal concept for the reasonable duration of the process and for procedural celerity in harmony with other fundamental rights and guarantees and in compatibility with the Constitutional Democratic State. It is evident that a maximum time (limit) is established by law for the duration of the process as an indispensable condition for effectuates the right to judgment within a reasonable period in the criminal ambit. Without forgetting of decriminalizing and liberating politics and the important function that the National Council  of Justice plays in the search for a celerity Criminal Justice, especially in the elaboration of judicial management policies capable of promoting agility, speed, efficiency and technological modernization. This reflection reveals that in order to guarantee the right to judgment within a reasonable time and promote the reduction of Criminal Justice processes and its recognition as an effective institution, it is necessary both to regulate a maximum period for the existence of the process and to continue implementing policies to improve and modernize the system. 

BANKING MEMBERS:
Interna - 1753047 - MARIANA DE SIQUEIRA
Externo à Instituição - OLAVO HAMILTON AYRES FREIRE DE ANDRADE - UERN
Presidente - 1149384 - WALTER NUNES DA SILVA JUNIOR