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

95 Direito em Movimento, Rio de Janeiro, v. 16 - n. 2, p. 72-105, 2º sem. 2018 ARTIGOS to see its claim appreciated according to the law in force and within fixed deadlines, or in the absence of these, within a reasonable time lapse. The concept of “reasonable time”, managed by the Court, or the defi- nition of what is a “slow process” is difficult to conceive when a previously defined time scheme does not exist, as in the case under study. It requires a reflection between the pace and the justice of the decision. “The very employment of the term reasonable demands more than a simple subjective assessment on the behavior of the Judicial Power or of the Public Adminis- tration in the management of the process. As such behavior also attends to a constitutionally supervised interest – that of the correct administration of Justice – and since the term reasonable does not entail a way of acting wi- thin specific parameters, it is for the judge who rules indemnity to ponder both interests to the end of determining the relation of valid prevalence in the concrete case 41 . The Inter-American Court did not enter into the combination of these principles to characterize what would be a reasonable dea- dline, but by what the sentence indicates it presupposes the existence of clear procedural norms with defined phases, alongside a previou- sly determined time scheme to conclude demarcation. It is worth pointing out that reasonableness translates into the existence of a demarcation rite within internal law, and the conclusion of this pro- cess in the swiftest possible way, to avoid unnecessary delays which harm the interests of all those involved, especially of the natives who represent the weaker side of the deal. That is to say, in view of the aggrieved party’s inheritance (ethnic guardianship), the sentence under analysis was to understand that swiftness was sacrificed under a carriage of justice which was lacking in effectiveness. “One identifies in this [comprehension of damage as a general clause for the selection of merits for guardianship in 41 SCHREIBER, Anderson. Novos paradigmas da responsabilidade civil: da erosão dos filtros da reparação à diluição dos danos. 2. ed. São Paulo: Atlas, 2009, p. 180-181.