The guarantee of a reasonable time:

between effective judicial protection and human dignity

Abstract

This paper examines the principle of a reasonable time in judicial proceedings as a structural component of due process, grounded in Article 32 of the Panamanian Constitution and further developed under Article 8(1) of the American Convention on Human Rights. It argues that this principle should not be understood merely as a temporal requirement, but rather as a complex right encompassing access to justice, effective investigation, the availability of adequate judicial remedies, and the sanctioning of those responsible. The study highlights the relevance of the so-called “Velásquez Rule,” derived from the case Velásquez Rodríguez v. Honduras (1988), in shaping the positive obligations of the State, particularly in relation to the prevention, investigation, and reparation of human rights violations. This jurisprudential development transforms the role of the State, imposing an ex officio duty to act that goes beyond the initiative of the victim. Furthermore, the paper analyzes the performance of the Panamanian judicial system between 2017 and 2024, identifying a sustained trend toward the reduction of judicial backlog and the strengthening of institutional decision-making capacity. However, structural factors that negatively affect the effective realization of the reasonable time guarantee are also identified, including judicial overload, hearing rescheduling, dilatory tactics by the parties, and organizational limitations. The study also addresses the criteria developed by the Inter-American Court of Human Rights to assess the reasonableness of time, emphasizing the complexity of the case, the conduct of the parties, and the behavior of judicial authorities. Finally, it establishes that the failure to comply with this principle directly affects human dignity, understood as the axiological core of both constitutional and conventional legal orders, whose violation entails the obligation of comprehensive reparation, including non-material damages.