THE TIME OF THE PROCESS IN THE INTER-AMERICAN COURT OF HUMAN RIGHTS: a case study from the perspective of the constitutional model of criminal proceedings

Abstract

This work is part of discussions taking place in the Postgraduate Program in Law at the Pontifical Catholic University of Minas Gerais. In this sense, this article discusses the guarantee of a reasonable time for criminal proceedings by the Inter-American Court of Human Rights. The Court establishes open criteria to define the reasonable duration of the process, it is believed that they are linked to an aionic time, given the denial of the chronological perspective by the theory of non-term. To this end, the case study of Valle Jaramillo et al. vs. Colombia, judged on November 27, 2008, by the Inter-American Court of Human Rights, in order to expose the Court's understanding, as well as the aionic vision of time. It is understood that the concept of time, from the perspective of the constitutional process model, aimed at guaranteeing fundamental rights, must encompass the kairological perspective as a way of maximizing temporal complexity. In this sense, the scope of constitutional guarantees is expanded, based on a broad conception of reasonable time, favoring individual guarantees.