The stagnation of Brazilian Criminal Justice

a reflection on the slowness of the Brazilian Judicial System based on the 'Boate Kiss' case and from the Kafkian perspective

Abstract

This paper analyzes the stagnation of the Brazilian criminal justice system in the "Boate Kiss" case from a Kafkaesque perspective, using the novel "The Trial" as a theoretical foundation. The central issue lies in the fact that, after more than a decade of judicial proceedings, no final judgment has been rendered. Thus, the main objective is to examine the factors contributing to procedural delay and their implications for due process and the reasonable duration of legal proceedings. The hypothetical-deductive method was employed, with hypotheses being formulated and tested through doctrinal research, case law, and legislation. Additionally, the inductive method was applied for the analysis of data from the National Council of Justice (CNJ). It was found that procedural delay stems from three main factors: legislative omissions, lack of organization within the judiciary, and the disengagement of court staff. Mechanisms to mitigate judicial delays and ensure due process within a reasonable timeframe were identified, including the creation of more positions, segmentation of court divisions, and the accountability of those involved.