The Reasonable Length of Proceedings:

Between the Effectiveness of Judicial Protection and the Guarantees of Due Process of Law

Abstract

This article examines the principle of the reasonable length of proceedings, enshrined in Article 5, item LXXVIII, of the 1988 Federal Constitution, as a fundamental right of litigants and an expression of the effectiveness of judicial protection. The study seeks to understand the extent to which procedural celerity, though essential to the realization of justice, must be reconciled with other constitutional guarantees, such as due process of law, adversarial proceedings, and the right to full defense. Adopting a qualitative, descriptive-analytical approach, based on bibliographical review, normative analysis, and jurisprudential study, the article explores the historical development of the principle, its constitutional and statutory foundations, and the procedural mechanisms introduced by the 2015 Code of Civil Procedure (CPC) and the Constitutional Amendment No. 45/2004 to ensure its effectiveness. It also discusses the challenges faced by the Brazilian Judiciary, including structural delays, excessive caseloads, and the need for technological modernization. The conclusion highlights that the reasonable length of proceedings is a key element of jurisdictional legitimacy, whose realization demands efficient judicial management, technological innovation, and a careful balance between celerity and fundamental procedural guarantees.