The institute of prescription, the principle of efficiency and the reasonable duration of the proceeding in criminal jurisdiction

Abstract

This article seeks to analyze whether and how the constitutional principle of efficiency can be analyzed in the criminal process, having as a link the institute of penal prescription, pointing out what its nuances are for the parties involved in the criminal process, arguing also briefly about the principle of reasonable duration of the process, whose repercussion of its observance and effects is more consistent with the criminal jurisdiction, since the basic principle on which the problem of this work is guided is inherent to administrative law. The methodology used in the work is deductive and the technique applied is bibliographic research, considering the contributions of authors who have already addressed the topic, in addition to the analysis of data obtained in reports presented by the National Council of Justice and the Court of Justice of Santa Catarina . With this study, it was concluded that the main cause that gives rise to the legal phenomenon of penal prescription is the non-compliance and non-compliance with some procedural deadlines, which ends up occurring for various reasons, even though, in a proper reading from the outset, the reasonable length of the process is not observed by the State based on the data analyzed, since only the evidentiary instruction, which is responsible for approximately 70% of the total duration of a case, is the main responsible for the discharge. typical duration of the processes.