Responsabilidade civil do Estado pela morosidade na prestação jurisdicional

Abstract

The purpose of this monograph is to study the Civil Liability of the State for the delay in the jurisdictional provision, as the Federal Constitution of 1988 provides in its art. 5, LXVIII, the right of all in the administrative and judicial scope, to a reasonable duration of the process, and the means to ensure the speed of its processing. And since the judicial protection is not provided within a reasonable period, the State must respond civilly for the damages. Thus, the research will focus on how the State came to be held civilly liable for its acts, considering that before the consolidation of the strict liability theory or publicist written in the Magna Carta, important political institutes throughout history took place such as: the irresponsibility theory and the civilist theory of guilt. In addition, to understand the complexity of the institute, it was also addressed about the jurisdictional power of the State, the possibility of any citizen to have access to justice, also about the principle of reasonable duration and also about the possibility of the magistrate to answer for the damages caused as result of guilt or intent. And, to confirm that the Judiciary Branch is really slow, the time for the resolution of legal proceedings was verified, identifying in which judicial sphere there is more time to resolve conflicts, based on the Justice Report in figures provided by the CNJ (National Council of Justice). Finally, the possible causes that corroborate the procedural delay were also highlighted.