Reasonable length of the proceedings: the necessary dialogue between brazilian judicial organs and the international courts

Abstract

Abstract: This paper examines the need for a ‘dialogue of the sources’ between Brazilian judicial organs and international courts, as a way to strengthen the argument of local judicial decisions. For such, based on a bibliographical and documental research, jurisprudence, and national and international legislation, it analyzes, under transconstitutionalism perspective, the parameters established by the European Court of Human Rights and the Inter-American Court of Human Rights to consider that a given lawsuit has taken place without undue delay. Next, it defends the dialogue with the precedents of the international courts as an element of judicial argument, when the Judiciary is provoked to decide on possible reparations due to the delay in the delivery of the judicial protection. Then, it examines a Brazilian judicial decision on the topic, confronting the precedents of international courts and other country-wise judicial decisions
Keywords: Dialogue of the sources. Fundamental rights. Judicial decisions. Reasonable length of judicial procedure. Transconstitucionalism. International Courts.