The paper deals with the field of Criminal Procedure and reports empirical research whose goal was to identify the criteria used by the STF to distinguish undue delay vs. reasonable time in criminal cases. A total of 229 habeas corpus decisions were analyzed which had been ruled on during the periods 1991-1992, 2001-2002 and 2011-2012. Cases in which it was possible to determine the length of the detention times were selected for analysis. An increase of time spent in jail over the years was noticed, but it was found that time was not the main factor in distinguishing undue delay or reasonable duration. The complexity of the cases and the gravity of the crimes were preponderant factors. The STF doesn’t adopt specific limits to recognize undue delay and the decisions were made in a casuistic way. Therefore, some cases without a decision for many years were classified as cases decided within a reasonable time.
Criminal procedure; STF; detention; reasonable time; undue delay