UNDUE DELAYS IN THE IMPLIED PROCEEDINGS

Abstract

Contextualization: The basis of the legal recognition of the extrajudicial claim as a cause of interruption of the prescription of actions is called into question by the eventuality (not prohibited by the legal system) of the holder of the right indefinitely postponing the prescription by means of the repeated interposition of extrajudicial claims. This being the case, the uncertainty as to the time of the resolution of the dispute (which would remain entirely in the hands of the plaintiff) causes the taxpayer a particular situation of defenselessness. The apparent limitation of the prohibition of undue delays to the internal sphere (to the processing) of the process makes it difficult to eliminate the aforementioned distorting effect.

Objectives: : To include the repeated extrajudicial claim in the legal figure that makes possible the non-application of the effect of interruption of the statute of limitations.

Method: Methodology based on an interdisciplinary analysis of the doctrinal, normative and judicial foundations with a view to the proposal of consistently argued theses.

Results: The prohibition of undue delays has a general scope and is also projected on the process implicit in the very consideration of the institution of the statute of limitations and the causes of its interruption, a process taken into consideration by the holder of the right when he decides to postpone it indefinitely with the subterfuge of the repeated extrajudicial claim. At this point, it is necessary to consider the prohibition of undue delays in the implicit process as a legal basis for the judicial decision denying the interruption of the statute of limitations in the case in question.