Direito em Movimento - Volume 16 - Número 2 - 2º semestre/2018

100 Direito em Movimento, Rio de Janeiro, v. 16 - n. 2, p. 72-105, 2º sem. 2018 ARTIGOS 2. condemnation to recognize, by public act, responsibility; 3. condemnation to hold responsible, judge and punish those respon- sible for the violation of human rights; 4. condemnation in obligation to do, not to do, or give something; 5. condemnation to alter internal legislation in order for it to be ade- quate for the international parameters of human rights. Each one of these categories demands the effectiveness, speediness and rationality of the process, as much in the phase of knowledge as in the stage of execution or compliance. And this is where the root of the problems lies, since access to Justice is directly proportional to compliance with the reprimand. The hypothesis under study supplies us with a prime example. Bet- ween the case’s inclusion within the Inter-American Commission in 1995, through to the Court’s decision (2001), and until effective compliance with the regulations in 2009 – with the demarcation of Awas Tingni indigenous lands – fourteen years passed by. In the same period the defendant commu- nity – in a strange paradox - found itself vying for the effectiveness of their rights with the State which was violating them. On this subject the European Court of Human Rights, referring to precedents relevant to the case, has pointed out that the extrapolation of the reasonable timespan for the duration of a process violates democracy itself 50 and the idea of good administration, since it compromises the cre- dibility and effectiveness of Justice 51 . This line of reasoning, added to the reparation of moral and patrimonial damages not only by the infringing country, but also by the very agent who has caused the delay, can help to do away with the state of perplexity and doubtful- ness resulting from the leniency in compliance with the judicial order. 50 Delcourt Case, 17/01/1970. 51 Boddaert Cases, 12/10/1992, and Moreira de Azevedo, 23/10/1990.

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