A mitigação do direito de defesa e a razoável duração do processo penal em face da eficiência jurídica

Abstract

This paper analyzes how the application of the constitutional principle of the reasonable length of proceedings in the Criminal Justice has been applied, especially when legal efficiency is invoked as synonymous with the speed of judicial provision, however, compromises the exercise of the right of defense. and violates the jurisdictional's own access to justice effectively. This settlement that does not comply with the requirement of article 93, item IX of the Federal Constitution of 1988, is verified, in large part, due to the massification of criminal proceedings that seeks to impose greater speed to the delivery of the judicial provision, however, sacrificing the right to the broad defense and the contradictory, expression of due process of law. Hence the consecration of these fundamental rights of the individual in the Federal Constitution of 1988 is the guarantee that such postulates have immediate application. The adopted methodology is the logical-deductive one.