The principle of reasonable time and the right to due process as a procedural utopia: the case of free defendants in the Peruvian judiciary

Cárdenas J.A. · Juridicas (2023) · DOI: 10.17151/jurid.2023.20.1.4

Resumen

The study aims to determine how the principle of reasonable time and the right to due process of free defendants has become a procedural utopia for criminal judges of the Peruvian Judicial Branch. For this purpose, a grounded theory design was applied, with a qualitative approach, using the documentary source analysis technique. The study verifies that the magistrates, based on the doctrine of no time limit, developed by the Inter-American Commission and Court of Human Rights, as well as by the European Court of Human Rights, have assumed with claudication that the reasonable time limit and due process should remain as mere utopias to be achieved, although not necessarily attained. This has effects not only on the free defendant but also on the aggrieved. The originality of this study lies in focusing on the causes of this pernicious judicial practice and possible alternatives for a better approach. We believe that, if the State does not assume the pernicious effects of not complying with the reasonable time limit at all levels and with institutional decision, the management of judicial processes will end up collapsing, being the most harmed the defendants and all those who turn to the Judiciary to receive justice. © (2023), (Universidad de Caldas). All Rights Reserved.

Instituciones: Universidad César Vallejo