Reflexos da morosidade do judiciário nas relações negociais internacionais.

By the promulgation of constitutional amendment 45/04, the right to a reasonable duration of procedures has been included, as a principle, in the fundamental rights list of Brazilian Federal Constitution. The constitutional intent was to mitigate the delay in the duration of procedure, which, in its... Deskribapen osoa

Egile nagusia: Lobo Muniz, Tania
Beste egile batzuk: Leal Junior, João Carlos
Formatua: Artikulua
Hizkuntza: Portugalera
Argitaratua: Del Blanco Editores 2012
Sarrera elektronikoa: http://dialnet.unirioja.es/servlet/oaiart?codigo=4406919
Etiketak: Erantsi etiketa bat
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Gorde:
Laburpena: By the promulgation of constitutional amendment 45/04, the right to a reasonable duration of procedures has been included, as a principle, in the fundamental rights list of Brazilian Federal Constitution. The constitutional intent was to mitigate the delay in the duration of procedure, which, in its turn, is an instrument to concrete rights. The realization of that principle is essential to a real access to justice, equally a constitutional imperative. However, there is, currently, in Brazil, in fact, an indubitable delay in the procedures duration, which causes discredit to the Judiciary and stains the existential basis of the intended protection, since its unreasonable duration, occasionally, has the effect of causing the extinction of the good sought. The procedural delay eventually strikes in contexts that go beyond people involved in procedural relationship. In international business relations ambit, the effects of the judicial delay is immeasurable, since the current scenario is unfavorable to the process of insertion of the Brazilian state in the global market, which is undeniable goal of the contemporary Brazilian foreign policy and underlies the development of this study.